KERALA LOCAL AUTHORITIES LOANS ACT, 1963
THE KERALA LOCAL AUTHORITIES LOANS ACT, 1963
1. Short title, extent and Commencement. .........................................................................
2. Definitions. .......................................................................................................................
3. Borrowing powers of local authorities..............................................................................
3A. Constitution of the Development Fund, financial management and services etc., by Government.......................
4. Remedy by attachment if loan not repaid.......................................................................
5. Power of local authority to guarantee payment of interest on, or to create a fund for repayment of capital expended on any work to which the funds may be applied.........
6. Remedy by attachment if engagements not fulfilled.......................................................
7. Issue of short term bills. ........................................................................................
8. POWer of Government to make rules..........................................................................
9. Loans not to be effected except under this Act..............................................................
10. Repeal. .............................................................................................................................
THE LOCAL AUTHORITIES LOANS RULES, 1965
1 Short title and Commencement.......................................................................................
2. Definitions. ...................................................................................................
3. Limitation of borrowing power. .........................................................................................
4. Nature of the funds on the security of which a local authority may borrow....................
5. Works for which money may be borrowed etc. ..............................................................
6. Manner of application for permission to borrow money. .................................................
7. Manner of making application for Sanction to give guarantee. .......................................
8. Inquiries to be made on applications. .............................................................................
9. Rejection of application etc.............................................................................................
10. Omitted .................................................................... .
11. Disposal of application. ...................................................................................................
11A. Omitted............................................................................................................................
12. Power of Government to grant urgent loans....................................................................
13. Conditions relating to non-Government loans.................................................................
14. Inspection of Works etc....................................................................................................
15. Grant of Government Loans.............................................................................................
16. Control and inspection of Works and accounts...............................................................
17. Procedure on attachment................................................................................................
18. Procedure in respect of unexpended balances of loans.................................................
19. Interest on Government loans. ........................................................................................
20. Repayment of Government loans....................................................................................
21. Accounts of Government loans.......................................................................................
22. Sinking fund for non-Government loans. .........................................................................
APPENDIX I - Application for Loan..................................................................................
APPENDIX II - Application For Permission to Guarantee Interest..................................
APPENDXIII...
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വർഗ്ഗം:റെപ്പോയിൽ സ്വീകരിച്ച ലേഖനങ്ങൾ
An Act to unify and amend the law relating to the borrowing powers of local authorities in the State of Kerala. Preamble.- Whereas it is expedient to unify and amend the law relating to the borrowing powers of local authorities in the State of Kerala.
Be it enacted in the Fourteenth Year of the Republic of India as follows:-
1. Short title, extent and commencement.-
(1) This Act may be called the Kerala Local Authorities Loans Act, 1963.
(2) it extends to the whole of the State of Kerala.
(3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) "accrual period" means a financial year beginning on and from the 1st day of April and ending with the 31st day of March of the following year or part thereof ending with 31st March;
(b) "Board" means the Board of Management appointed under sub-section (2) of Section 3A
(c) "Development Fund" means the Kerala Local Government Development Fund Constituted under sub-section (1) of Section 3A and includes the aggregate of the contribution by the Government, investments, loans and all other properties).
(d) "funds" used with reference to any local authority includes any local panchayat or municipal fund to the control or management of which such authority is legally entitled, and any cess, rate, duty or tax which such authority is legally entitled to impose and any property Vested in such authority;
(e) "Fund Manager" means the asset management company to be constituted as specified in sub-section (4) of Section 3A;
(f) "fund period" means the period on and from the date of Constitution of the Development Fund to the date of its revocation or transfer to the Consolidated Fund of the State under the provisions of Section 3A;
(g) "Government" means the Government of Kerala;
(h) "infrastructure projects" includes water supply, solid waste management, sanitation, storm water drains, roads, transportation systems, sites and services, area development and other remunerative and non-remunerative infrastructure projects for public use;
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(i) "investment" means money lent or to be lent by the Development Fund only for infrastructure projects and includes money placed by the Development Fund in instruments such as Government promissory notes or other Government securities, stock or share in any banking Company or other public Company, or stocks, funds, shares, debenture, debenture stock, commercial papers, financial papers, short term or long term corporate deposits, securitised debt, mortgage, bonds, obligations and securities of any description whatsoever,
(j) "lender" means any person who has given money to the Development Fund by way of loan.
(k) "local authority" means any person legally entitled to the control or management of any local fund or legally entitled to impose any cess, rate, duty, fee or tax and includes the Panchayat or the Council of the Municipality, as the case may be, and also includes the Secretary of such local authority if he has been specifically authorised by the local authority for discharging the duties and functions under this Act.
Explanation:- A person mean's and includes any authority or body corporate.
l." management agreement" means the management agreement between the Fund Manager and the Board;
(m)"net income" means in relation to any accrual period, the net income earned by the Development Fund as shown in its audited statements of account for that accrual period, net of all Costs, taxes and expenses, Fund Manager's remuneration and interest paid or payable on the borrowing by the Development Fund;
(n) "prescribed" means prescribed by rules made under this Act; and
o."State" means the State of Kerala);
p. "work" includes a survey whether incidental to any other work or not.
3. Borrowing powers of local authorities.- (1) A Local Authority may, subject to the prescribed conditions, borrow money from the Government or with the previous sanction of the Government from any other person, on the security of its funds or any portion thereof, for any of the following purposes, namely:-
(i) the carrying out of any work which it is legally authorised to carry out;
(ii) the giving of relief and the establishment and maintenance of relief works in times of famine, scarcity, epidemic or flood;
(iii) the prevention of the outbreak or spread of any dangerous epidemic disease;
(iv) any measures which may be connected with or ancillary to any purposes specified in Clauses (ii) and (iii);
(v) the repayment of money previously borrowed in accordance with law: Provided that no portion of the money so borrowed shall be applied to any purpose other than that for which it was borrowed;
(vi) any other purpose which the Government may specify.
(2)(a) The time for the repayment of any money borrowed under this section shall in no case exceed sixty years:
(b) The time for the repayment of any money borrowed before the commencement of this Act shall not, except with the express sanction of the Government, extend beyond the period of sixty years.
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(c) The time for the repayment of any money borrowed for the purpose of discharging any previous loan shall not, except with the express sanction of the Government, extend beyond the unexpired portion of the period for which Such previous loan was raised.
(3) The borrowing powers of a local authority shall be fixed by the Government in relation to the annual income of that local authority:
Provided that nothing in this Section shall affect the issuance of Revenue Bonds by the local authority by pledging the revenue stream from the project ring fenced by esCrOW accounts and credit enhancements.
3A. Constitution of the Development Fund, financial management and services etc., by Government.- (1) Save as otherwise provided in Section 3, the Government may, by notification in the Gazette, with effect from such date as may be notified, constitute a Fund, namely, the Kerala Local Government Development Fund, for the objectives set forth hereunder, namely:-
(a) to establish viable and sustainable financing arrangements which enable Creation, upgradation and maintenance of cost effective and quality civic infrastructure in the State;
(b) to mobilise resources for the infrastructure project using various financing instruments and financial structures such as bonds or debentures, equity, pooled finance arrangements etc.;
(c) to borrow or raise money or loans or receive grants or accept contributions in such manner and on such terms, conditions and securities as the Board may deem fit from time to time;
(d) to provide financial assistance in the form of loans, grants or a contribution thereof to local authorities for taking up and implementation of infrastructure projects which Create enduring community assets and improve living standards of the population in their areas and to provide loans or equity in the infrastructure projects sponsored by the local authorities in association with non-government agencies when the infrastructure projects are considered strategically important:
Provided that the investment shall comply with all laws regulating the environment and social protection;
(e) to establish grant funds and provide grants from its OWn resources and to manage grant funds as the Government may direct from time to time in terms of such grants so as to ensure Continuous upgradation of standards or organisational, financial and technical capacities of local authorities and to set up viable and substantial infrastructure projects for the betterment of the poor and disadvantaged sections of the Society;
(f) to enable the local authorities to access capital markets, financial institutions and private investors for setting up infrastructure projects in the State either individually or through such arrangements like pooled financing, guarantees or Securitisation;
(g) to guarantee the performance of any contract or obligations and the payment for any bond issue or mobilisation of resources by the local authorities,
(h) to assist the local authorities in getting the participation of non-government sector in creation and maintenance of civic infrastructure through joint ventures and other innovative partnerships;
(i) to subscribe for, underwrite, acquire, hold and disposo of sharos, stocks, dobontures, debenture stocks, bonds, mortgage, obligations, securities of any kind issued or guaranteed by any company whether it is a body corporate or undertaking in whatever nature and any industry, or the Government or trust or any local authority;
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(j) to invest any money of the Development Fund, in any investments as may be prudent and as may be necessary, provided the income from such investments shall be utilised to
fulfill the objectives of the Development Fund;
(k) to act as nodal or nominated agencies on behalf of the Central and/or the State Governments for infrastructure projects in the State;
(1) to do all other things necessary and conducive to the attainment of all these objectives.
(2) (a) The Government may, by notification in the Gazette, appoint it Board of Management to manage the Development Fund established under this Act with the following members, namely:-
(i) The Minister-in-charge of the Urban Affairs - ex officio;
(ii) The Minister-in-charge of Panchayats — ex officio;
(iii) The Secretary to Government, Finance Department - ex officio;
(iv) The Principal Secretary, Local Self Government Department — ex officio;
(v) The Secretary to Government, Local Self Government (Urban) Department - ex officio;
(vi) The Secretary to Government, Planning Department-ex officio;
(vii) The Director of Urban Affairs - ex officio;
(viii) One Mayor of a Municipal Corporation, one Chairman of a Municipality and one President of a Panchayat each to be nominated by the Government.
(b) The Minister-in-charge of the Urban Affairs shall be the Chairman of the Board and the Secretary to Government, Local Self Government (Urban) Department shall be its Convenor.
(c) The Board shall stand possessed of the Development Fund subject to the powers and provisions herein contained concerning the same and the Board shall have the power at any time during the existence of the Development Fund to accept any property whether of an onerous nature or not from any person or persons from any other fund or otherwise with the intention of holding the same by or on behalf of the Board as an accretion to the Development Fund.
(3) The Board shall perform the following functions and duties, namely:-
(a) to provide financial assistance in relation to infrastructure projects and also lay down policies relating to credit approval and investments, provided if no infrastructure project has been identified for making investments, the Board may invest the Development Fund, in such manner as it deems fit in the interest of the Local authorities;
(b) to enter into a management agreement whereby the Board shall delegate such of its powers as it deems appropriate to the Fund Manager to enable the Fund Manager to manage the Development Fund, and to realise the objectives set forth in the Act;
(c) to supervise operations of the Fund Manager in relation to the Development Fund;
(d) to exercise at all times due diligence in carrying out its duties for protecting the interests of the Development Fund;
(e) to hold the Development Fund on behalf of the Government for enabling opening and operating of Bank accounts on behalf of the Fund by the Fund Manager;
(f) to accept additional contribution if any made by the Government and the local authorities towards the Development Fund;
(g) to exercise the power at any time by a resolution, revocable or irrevocable during
the existence of the Development Fund to release or to any extent restrict the future exercise of
. any powers hereby or by law conferred on it notwithstanding the fiduciary nature of any such . powers;
(h) to exercise the power, discretion, rights and immunities as may be prescribed.
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വർഗ്ഗം:റെപ്പോയിൽ സ്വീകരിച്ച ലേഖനങ്ങൾ
THE KERALA PLACES OF PUBLIC RESORT ACT, 1963
1. Short title, commencement, extent and application..........................................................289
2. Definitions......................................................................................................................................289
3. No enclosed place or building with area of fifty square metres to be used
for public resort or entertainment without a licence...........................................................289
4. Application for licence.................................................................................................................289
5. Authority to whom application should be made...................................................................290
6. Procedure on receipt of application.........................................................................................290
7. Grant of licence.............................................................................................................................290
8.Licence to state period for which it is to be in force............................................................290
9. Renewal of licence.........................................................................................................................290
10.Revocation or suspension of licence.......................................................................................290
11.Appeals............................................................................................................................................290
12.Power to enter place of public resort or entertainment to inspect licence
or prevent further use.......................................................................................................................291
13.The Government may revise any proceedings under Act.....................................................291
14.Prohibition of smoking in certain places where entertainments are held..........................291
15.Protection of action taken under the Act...................................................................................291
16. Penalties............................................................................................................................................291
17.Duties of Police Officer...................................................................................................................292
18.Exercise of powers of Police Officers by municipal servant.................................................292
19.Power to make rules..........................................................................................................................292
20.Repeal...................................................................................................................................................292
21. Power to remove difficulties...........................................................................................................292
THE KERALA PLACES OF PUBLIC RESORT RULES, 1965
PART I
1.Short title and commencement.........................................................................................................293
2.Definitions................................................................................................................................................293
PART II
Permanent Buildings
3. Conditions under which licence may be granted...........................................................................293
4.Obligation of the licensee to keep all means of ventilation in good order................................294
5.Licensing authority's power to relax conditions..............................................................................294
6.Obligation of the licensee to provide lighting arrangements........................................................294
7.Licensees' obligation to keep the flooring in good order...............................................................294
8. Licensee not to permit any sand etc. to be spread on any part of the floor to which
public are admitted.......................................................................................................................................294
Preamble.- Whereas it is expedient to unify and amend the law relating to the borrowing powers of local authorities in the State of Kerala: Be it enacted in the Fourteenth Year of the Republic of India as follows:
1. Short title, extent and commencement.-- (1) This Act may be called the Kerala Local Authorities Loans Act, 1963. (2) It extends to the whole of the State of Kerala. (3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint'.
2. Definitions. In this Act, unless the context otherwise requires, 2A[(a) "accrual period" means a financial year beginning on and from the 1st day of April and ending with the 31st day of March of the following year or part thereof ending with 31st March; (b) "Board" means the Board of Management appointed under sub-section (2) of Section 3A;
(C) "Development Fund" means the Kerala Local Government Development Fund constituted under sub-section (1) of Section 3A and includes the aggregate of the contribution by the Government, investments, loans and all other properties].
2B[(d)] "funds" used with reference to any local authority includes any local panchayat or municipal fund to the control or management of which such authority is legally entitled, and any cess, rate, duty or tax which such authority is legally entitled to impose and any property vested in such authority; 2B[(e) "Fund Manager" means the asset management company to be constituted as specified in sub-section (4) of Section 3A;
(f) "fund period" means the period on and from the date of constitution of the Development Fund to the date of its revocation or transfer to the Consolidated Fund of the State under the provisions of Section 3A; (g) "Government" means the Government of Kerala;
(h) "infrastructure projects" includes water supply, solid waste management, sanitation, storm water drains, roads, transportation systems, sites and services, area development and other remunerative and non-remunerative infrastructure projects for public use;
4. Remedy by attachment if loan not repaid.- If any money borrowed in accordance with the provisions of this Act, or any interest or costs due in respect thereof, is or are not repaid according to the Conditions of the loan, the Government if itself the lender, may, and if the Government is not the lender shall on the application of the lender attach the funds on the security of which the loan was made. After such attachment, no person, except an officer appointed in this behalf by the Government, shall in any way deal with the attached funds, but such officer may do all acts in respect thereof which the borrowers might have done if such attachment had not taken place and may apply the proceeds in satisfaction of the loan and of all interests and costs due in respect thereof and of all expenses caused by the attachment and subsequent proceedings:
Provided that no such attachment shall defeat or prejudice any debt for which the funds attached were previously pledged in accordance with law but all such prior charges shall be paid out of the proceeds of the funds before any part of the proceeds is applied to the satisfaction of the liability in respect of which such attachment is made.
5. Power of local authority to guarantee payment of interest on, or to create a fund for repayment of capital expended on any work to which the funds may be applied- The Government may authorise any local authority either severally or in conjunction with any other local authority, to charge its funds or any part thereof by way of guarantee for the payment of interest on, or by the creation of a fund for the repayment of, money expended or to be expended on any work or for any of the purposes to which such funds might be by law applied.
6. Remedy by attachment if engagements not fulfilled.- In the event of default being made by a local authority in the fulfillment of engagements entered into under the last preceding section, the Government may on the application of a person entitled under such engagements, attach the funds made Subject to charge on account thereof. After such attachment, no person, except an officer appointed in this behalf by the Government shall in any way deal with the attached funds; but Such officer may do all acts in respect thereof which the local authority might have done if such attachment had not taken place, and may apply the proceeds to the discharge of the liabilities incurred and in payment of all costs due in respect thereof, and of all expenses caused by the attachment and subsequent proceedings consequent thereon:
Provided that no such attachment shall defeat or prejudice any debt for which the funds attached were previously pledged in accordance with law; but all such prior charges shall be paid out of the proceeds of the funds before any part of the proceeds is applied to the satisfaction of a liability in respect of which such attachment is made.
7. Issue of short term bills.- (1) Subject to the provisions of Section 31 of the Reserve Bank of India Act, 1934, any local authority to which the Government may by notification in the Gazette extend the provisions of this sections, may, with the previous sanction of the Government, borrow money by means of the issue of bills or promissory notes payable within any period, not exceeding twelve months, for any purpose for which Such local authority may lawfully borrow money under the provisions of this Act.
(2) The Government may, by general or Special order, regulate the conditions on which money may be borrowed or repaid under this section.
8. Power of Government to make rules.- (1) The Government may, by notification in
the Gazette make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power such rules may provide as to:-
(i) the nature of the funds on the Security of which money may be borrowed or interest guaranteed;
(ii) the Works for which money may be borrowed or for the carrying out of which the payment of interest may be guaranteed;
(iii) the manner of making applications for permission to borrow money;
(iv) the manner of making applications for sanction to give guarantee under Section 5;
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(v) the inquiries to be made in relation to such application and the manner of conducting such inquiries;
(vi) the inquiries to be made in relation to loans and the manner of conducting such inquiries;
vii) the inspection of any Works carried out under any contract in respect of which the payment of interest is guaranteed under this Act;
(viii) the accounts to be kept by the person or corporate body with whom such contract is made and for the inspection of the same;
(ix) the cases and the forms in which particulars of applications and proceedings, and orders thereon, shall be published;
(x) the cases in which and the conditions subject to which the Government may make loans;
(xi) the cases in which and the conditions subject to which local authorities may take loans from persons other than the Government;
(xii) the manner of recording and enforcing the conditions on which money is to be borrowed;
(xiii) the manner and the time of making or raising loans;
(xiv) the inspection of any works carried out by means of loans;
(XV) the instalments, if any, by which loans shall be repaid, the interest to be charged on loans and the manner and the time of repaying loans and of paying the interest thereon;
(xvi) the sum to be charged against the funds which are to form the security for the loan, as costs in effecting the loan;
(xvii) the attachment of such funds and the manner of disposing of or Collecting them;
(xviii) the accounts to be kept in respect of loans;
(xix) the utilization of unexpended balances of loans either in the reduction in any way of the debt of the local authority, or in carrying out any works which that authority is legally authorised to carry out, and the sanction necessary to such utilisation.
(3) Every rule made under the Act shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is So laid, or the session immediately following the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
9. Loans not to be effected except under this Act.- Except as provided by or under this Act, no local authority shall, for any purpose, borrow money upon or otherwise charge, its funds, and any Contract otherwise made for that purpose after the passing of this Act shall be void:
Provided that nothing herein contained shall be deemed -
(a) to preclude any local authority from exercising the borrowing powers Conferred on it by any special enactment now or hereafter in force; or
(b) to affect the power Conferred on any local authority by any such enactment to charge its funds, by guaranteeing the payment of interest on money to be applied to any purpose to which the funds of the local authority can legally be applied.
10. Repeal.- The Local Authorities Loans Act, 1914 (Central Act 9 of 1914), and the Madras Local Authorities Loans Act, 1888 (Madras Act I of 1888) as in force in the Malabar district referred to in Sub-section (2) of Section 5 of the States Reorganisation Act, 1956 (Central Act 37 of 1956) and the Travancore-Cochin Local Authorities Loans Act, 1951 (Act IX of 1951), are hereby repealed.
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