Panchayatwiki - User contributions [en]

Panchayat:Repo18/vol2-page0272

2019-01-25T07:20:06Z

Bibinvb:

levied under section 6A, of the Act the question of levying additional tax and surcharge on show tax on these entertainments do not arise.

Point (2).- Section 7 of the Act provides that the entertainments tax shall not be levied on payments for admission to any entertainment where the local authority in Satisfied that the entertainment is of a wholly educational character etc. Hence, it is clear that entertainments exempted from the levy of tax under section 7 of the Act cannot be assessed to entertainment tax either under section 3 or under section 6A of the Act. Those entertainments cannot also be assessed to the additional tax under Kerala Additional Tax on Entertainment and Surcharge on Show Tax Act, 1963 (22 of 1963).

The Director of Panchayats will bring these instructions to the notice of all the Panchayats.

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">GOVERNMENT OF KERALA </div>

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">Development (Municipal B) Dept.,</div>
No. 97854/M.B2/69/DD. <div style="text-align: right; direction: ltr; margin-left: 1em;"> Dated, Trivandrum, 14-5-1970. Circular t</div>

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''Memorandum II'''</div>

Sub:- Sealing of tickets - Section 6A of the Kerala Local Authorities Entertainment Tax Act - Direction issued.
According to Rule 45 of the Kerala Local Authorities Entertainment Tax Act, 1961 all tickets proposed to be issued in respect of entertainment exempted from tax shall be got stamped. The methods for payment of entertainment tax have been laid down in the Rules. According to Rule 22, when tax is paid on the basis of returns the tickets shall be got stamped by the proprietor. There are also other methods for payment of tax viz., payment by means of stamps, payments where admission is regulated by mechanical contrivance etc. where sealing of tickets is not made.
By the Kerala Local Authorities Entertainment Tax (Amendment) Act, 1969 a tax at the rate of Rupees 15/- per show for circus performances and Rupees 25/- per show for dramatic performances was introduced. In view of the fact that there is no provision in the Rules that tickets should be got sealed when tax is paid (tax is not obviously on the basis of returns) and since the shows are not exempted from entertainment tax, there would be no need for getting the tickets sealed.
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''GOVERNMENT OF KERALA''' </div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''Local Administration Department''' </div>
No. 11185/M1B2/71/LAD <div style="text-align: right; direction: ltr; margin-left: 1em;">(Municipal, B) Trivandrum, 12-5-1971 </div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''Circular Memorandum Ill'''</div>

Sub-Amendments effected to the Kerala Local Authorities Entertainment Tax Act, 1961 by the Kerala Local Authorities Entertainment Tax (Amendment) Act, 1969 - Clarification - Inclusion of Hypnotism under the term magic performances.

By Section 2 of the Kerala Local Authorities Entertainments Tax (Amendment) Act, 1969 "Magic Performances" are exempted from the levy of entertainment tax.

A question has been raised whether a performance of "hypnotism” will come within the meaning of magic performance for the purpose of exemption from the levy. Government have examined the question and Government, have been advised that "hypnotism” may be taken as coming within the meaning of the term "natural magic" which is defined as the art of working Wonders by a Superior knowledge of the powers of nature. For the above reasons, the "magic performance" exempted under Section 2 of the Kerala Local Authorities Entertainment Tax (Amendment) Act, 1969 have to be viewed as taking in an exhibition of hypnotic powers also.

In the circumstances Government are pleased to clarify that "magic performance” exempted under the Kerala Local Authorities Entertainment Tax (Amendment) Act, 1969 will include the performance of "hypnotism" also for the purpose of exemption from the levy of entertainment tax.

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''GOVERNMENT OF KERALA'''</div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''Local Self Government (RD) Department'''</div>
G.O.(P)NO. 14/2016/LSGD <div style="text-align: right; direction: ltr; margin-left: 1em;">4th March 2016, Trivandrum</div

'''SRO. No. 244/2016.'''- In exercise of the powers conferred by the proviso to sub-section (1) of section 5 of the Kerala Local Authorities Entertainments Tax, Act, 1961 (20 of the 1961), the Government of Kerala hereby notify that the admission to cinema in any place in the State shall be made only with a ticket in the electronic form, indicating the proper tax for such ticket, generated out of an electronic device with an application software approved by Government, having the facility for access and verification of any data or information in respect of the tax due to the local authority as and when required by any officer authorised by the local authority.This notification will come into effect from 2nd May, 2016.

Panchayat:Repo18/vol2-page0272

2019-01-25T07:18:47Z

Bibinvb:

levied under section 6A, of the Act the question of levying additional tax and surcharge on show tax on these entertainments do not arise.

Point (2).- Section 7 of the Act provides that the entertainments tax shall not be levied on payments for admission to any entertainment where the local authority in Satisfied that the entertainment is of a wholly educational character etc. Hence, it is clear that entertainments exempted from the levy of tax under section 7 of the Act cannot be assessed to entertainment tax either under section 3 or under section 6A of the Act. Those entertainments cannot also be assessed to the additional tax under Kerala Additional Tax on Entertainment and Surcharge on Show Tax Act, 1963 (22 of 1963).

The Director of Panchayats will bring these instructions to the notice of all the Panchayats.

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">GOVERNMENT OF KERALA </div>

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">Development (Municipal B) Dept.,</div>
No. 97854/M.B2/69/DD. <div style="text-align: right; direction: ltr; margin-left: 1em;"> Dated, Trivandrum, 14-5-1970. Circular t</div>

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''Memorandum II'''</div>

Sub:- Sealing of tickets - Section 6A of the Kerala Local Authorities Entertainment Tax Act - Direction issued.
According to Rule 45 of the Kerala Local Authorities Entertainment Tax Act, 1961 all tickets proposed to be issued in respect of entertainment exempted from tax shall be got stamped. The methods for payment of entertainment tax have been laid down in the Rules. According to Rule 22, when tax is paid on the basis of returns the tickets shall be got stamped by the proprietor. There are also other methods for payment of tax viz., payment by means of stamps, payments where admission is regulated by mechanical contrivance etc. where sealing of tickets is not made.
By the Kerala Local Authorities Entertainment Tax (Amendment) Act, 1969 a tax at the rate of Rupees 15/- per show for circus performances and Rupees 25/- per show for dramatic performances was introduced. In view of the fact that there is no provision in the Rules that tickets should be got sealed when tax is paid (tax is not obviously on the basis of returns) and since the shows are not exempted from entertainment tax, there would be no need for getting the tickets sealed.
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''GOVERNMENT OF KERALA''' </div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''Local Administration Department''' </div>
No. 11185/M1B2/71/LAD <div style="text-align: right; direction: ltr; margin-left: 1em;">(Municipal, B) Trivandrum, 12-5-1971 </div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''Circular Memorandum Ill'''</div>

Sub-Amendments effected to the Kerala Local Authorities Entertainment Tax Act, 1961 by the Kerala Local Authorities Entertainment Tax (Amendment) Act, 1969 - Clarification - Inclusion of Hypnotism under the term magic performances.

By Section 2 of the Kerala Local Authorities Entertainments Tax (Amendment) Act, 1969 "Magic Performances" are exempted from the levy of entertainment tax.

A question has been raised whether a performance of "hypnotism” will come within the meaning of magic performance for the purpose of exemption from the levy. Government have examined the question and Government, have been advised that "hypnotism” may be taken as coming within the meaning of the term "natural magic" which is defined as the art of working Wonders by a Superior knowledge of the powers of nature. For the above reasons, the "magic performance" exempted under Section 2 of the Kerala Local Authorities Entertainment Tax (Amendment) Act, 1969 have to be viewed as taking in an exhibition of hypnotic powers also.

In the circumstances Government are pleased to clarify that "magic performance” exempted under the Kerala Local Authorities Entertainment Tax (Amendment) Act, 1969 will include the performance of "hypnotism" also for the purpose of exemption from the levy of entertainment tax.

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''GOVERNMENT OF KERALA'''</div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''Local Self Government (RD) Department'''</div>
G.O.(P)NO. 14/2016/LSGD <div style="text-align: right; direction: ltr; margin-left: 1em;">4th March 2016, Trivandrum</div

'''SRO. No. 244/2016.'''- In exercise of the powers conferred by the proviso to sub-section (1) of section 5 of the Kerala Local Authorities Entertainments Tax, Act, 1961 (20 of the 1961), the Government of Kerala hereby notify that the admission to cinema in any place in the State shall be made only with a ticket in the electronic form, indicating the proper tax for such ticket, generated out of an electronic device with an application software approved by Government, having the facility for access and verification of any data or information in respect of the tax due to the local authority as and when required by any officer authorised by the local authority. This notification will come into effect from 2nd May, 2016.

Panchayat:Repo18/vol2-page0272

2019-01-25T07:12:09Z

Bibinvb:

levied under section 6A, of the Act the question of levying additional tax and surcharge on show tax on these entertainments do not arise.

Point (2).- Section 7 of the Act provides that the entertainments tax shall not be levied on payments for admission to any entertainment where the local authority in Satisfied that the entertainment is of a wholly educational character etc. Hence, it is clear that entertainments exempted from the levy of tax under section 7 of the Act cannot be assessed to entertainment tax either under section 3 or under section 6A of the Act. Those entertainments cannot also be assessed to the additional tax under Kerala Additional Tax on Entertainment and Surcharge on Show Tax Act, 1963 (22 of 1963).

The Director of Panchayats will bring these instructions to the notice of all the Panchayats.

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">GOVERNMENT OF KERALA </div>

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">Development (Municipal B) Dept.,</div>
No. 97854/M.B2/69/DD. <div style="text-align: right; direction: ltr; margin-left: 1em;"> Dated, Trivandrum, 14-5-1970. Circular t</div>

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''Memorandum II'''</div>

Sub:- Sealing of tickets - Section 6A of the Kerala Local Authorities Entertainment Tax Act - Direction issued.
According to Rule 45 of the Kerala Local Authorities Entertainment Tax Act, 1961 all tickets proposed to be issued in respect of entertainment exempted from tax shall be got stamped. The methods for payment of entertainment tax have been laid down in the Rules. According to Rule 22, when tax is paid on the basis of returns the tickets shall be got stamped by the proprietor. There are also other methods for payment of tax viz., payment by means of stamps, payments where admission is regulated by mechanical contrivance etc. where sealing of tickets is not made.
By the Kerala Local Authorities Entertainment Tax (Amendment) Act, 1969 a tax at the rate of Rupees 15/- per show for circus performances and Rupees 25/- per show for dramatic performances was introduced. In view of the fact that there is no provision in the Rules that tickets should be got sealed when tax is paid (tax is not obviously on the basis of returns) and since the shows are not exempted from entertainment tax, there would be no need for getting the tickets sealed.
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''GOVERNMENT OF KERALA''' </div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''Local Administration Department''' </div>
No. 11185/M1B2/71/LAD <div style="text-align: right; direction: ltr; margin-left: 1em;">(Municipal, B) Trivandrum, 12-5-1971 </div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''Circular Memorandum Ill'''</div>

Sub-Amendments effected to the Kerala Local Authorities Entertainment Tax Act, 1961 by the Kerala Local Authorities Entertainment Tax (Amendment) Act, 1969 - Clarification - Inclusion of Hypnotism under the term magic performances.

By Section 2 of the Kerala Local Authorities Entertainments Tax (Amendment) Act, 1969 "Magic Performances" are exempted from the levy of entertainment tax.

A question has been raised whether a performance of "hypnotism” will come within the meaning of magic performance for the purpose of exemption from the levy. Government have examined the question and Government, have been advised that "hypnotism” may be taken as coming within the meaning of the term "natural magic" which is defined as the art of working Wonders by a Superior knowledge of the powers of nature. For the above reasons, the "magic performance" exempted under Section 2 of the Kerala Local Authorities Entertainment Tax (Amendment) Act, 1969 have to be viewed as taking in an exhibition of hypnotic powers also.

In the circumstances Government are pleased to clarify that "magic performance” exempted under the Kerala Local Authorities Entertainment Tax (Amendment) Act, 1969 will include the performance of "hypnotism" also for the purpose of exemption from the levy of entertainment tax.

GOVERNMENT OF KERALA Local Self Government (RD) Department
G.O.(P)NO. 14/2016/LSGD 4th March 2016, Trivandrum
SRO. No. 244/2016.- In exercise of the powers conferred by the proviso to sub-section (1) of section 5 of the Kerala Local Authorities Entertainments Tax, Act, 1961 (20 of the 1961), the Government of Kerala hereby notify that the admission to cinema in any place in the State shall be made only with a ticket in the electronic form, indicating the proper tax for such ticket, generated out of an electronic device with an application software approved by Government, having the facility for access and verification of any data or information in respect of the tax due to the local authority as and when required by any officer authorised by the local authority. This notification will come into effect from 2nd May, 2016.

Panchayat:Repo18/vol2-page0272

2019-01-25T07:09:17Z

Bibinvb:

levied under section 6A, of the Act the question of levying additional tax and surcharge on show tax on these entertainments do not arise.

Point (2).- Section 7 of the Act provides that the entertainments tax shall not be levied on payments for admission to any entertainment where the local authority in Satisfied that the entertainment is of a wholly educational character etc. Hence, it is clear that entertainments exempted from the levy of tax under section 7 of the Act cannot be assessed to entertainment tax either under section 3 or under section 6A of the Act. Those entertainments cannot also be assessed to the additional tax under Kerala Additional Tax on Entertainment and Surcharge on Show Tax Act, 1963 (22 of 1963).

The Director of Panchayats will bring these instructions to the notice of all the Panchayats.

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">GOVERNMENT OF KERALA </div>

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">Development (Municipal B) Dept.,</div>
No. 97854/M.B2/69/DD. <div style="text-align: right; direction: ltr; margin-left: 1em;"> Dated, Trivandrum, 14-5-1970. Circular t</div>

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''Memorandum II'''</div>

Sub:- Sealing of tickets - Section 6A of the Kerala Local Authorities Entertainment Tax Act - Direction issued.
According to Rule 45 of the Kerala Local Authorities Entertainment Tax Act, 1961 all tickets proposed to be issued in respect of entertainment exempted from tax shall be got stamped. The methods for payment of entertainment tax have been laid down in the Rules. According to Rule 22, when tax is paid on the basis of returns the tickets shall be got stamped by the proprietor. There are also other methods for payment of tax viz., payment by means of stamps, payments where admission is regulated by mechanical contrivance etc. where sealing of tickets is not made.
By the Kerala Local Authorities Entertainment Tax (Amendment) Act, 1969 a tax at the rate of Rupees 15/- per show for circus performances and Rupees 25/- per show for dramatic performances was introduced. In view of the fact that there is no provision in the Rules that tickets should be got sealed when tax is paid (tax is not obviously on the basis of returns) and since the shows are not exempted from entertainment tax, there would be no need for getting the tickets sealed.
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''GOVERNMENT OF KERALA''' </div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''Local Administration Department''' </div>
No. 11185/M1B2/71/LAD <div style="text-align: right; direction: ltr; margin-left: 1em;">(Municipal, B) Trivandrum, 12-5-1971 Circular Memorandum ill</div>

Sub-Amendments effected to the Kerala Local Authorities Entertainment Tax Act, 1961 by the Kerala Local Authorities Entertainment Tax (Amendment) Act, 1969 - Clarification - Inclusion of Hypnotism under the term magic performances.
By Section 2 of the Kerala Local Authorities Entertainments Tax (Amendment) Act, 1969 "Magic Performances" are exempted from the levy of entertainment tax.
A question has been raised whether a performance of "hypnotism” will come within the meaning of magic performance for the purpose of exemption from the levy. Government have examined the question and Government, have been advised that "hypnotism” may be taken as coming within the meaning of the term "natural magic" which is defined as the art of working Wonders by a Superior knowledge of the powers of nature. For the above reasons, the "magic performance" exempted under Section 2 of the Kerala Local Authorities Entertainment Tax (Amendment) Act, 1969 have to be viewed as taking in an exhibition of hypnotic powers also.
In the circumstances Government are pleased to clarify that "magic performance” exempted under the Kerala Local Authorities Entertainment Tax (Amendment) Act, 1969 will include the performance of "hypnotism" also for the purpose of exemption from the levy of entertainment tax.
GOVERNMENT OF KERALA Local Self Government (RD) Department
G.O.(P)NO. 14/2016/LSGD 4th March 2016, Trivandrum
SRO. No. 244/2016.- In exercise of the powers conferred by the proviso to sub-section (1) of section 5 of the Kerala Local Authorities Entertainments Tax, Act, 1961 (20 of the 1961), the Government of Kerala hereby notify that the admission to cinema in any place in the State shall be made only with a ticket in the electronic form, indicating the proper tax for such ticket, generated out of an electronic device with an application software approved by Government, having the facility for access and verification of any data or information in respect of the tax due to the local authority as and when required by any officer authorised by the local authority. This notification will come into effect from 2nd May, 2016.

Panchayat:Repo18/vol2-page0272

2019-01-25T07:00:14Z

Bibinvb:

levied under section 6A, of the Act the question of levying additional tax and surcharge on show tax on these entertainments do not arise.

Point (2).- Section 7 of the Act provides that the entertainments tax shall not be levied on payments for admission to any entertainment where the local authority in Satisfied that the entertainment is of a wholly educational character etc. Hence, it is clear that entertainments exempted from the levy of tax under section 7 of the Act cannot be assessed to entertainment tax either under section 3 or under section 6A of the Act. Those entertainments cannot also be assessed to the additional tax under Kerala Additional Tax on Entertainment and Surcharge on Show Tax Act, 1963 (22 of 1963).

The Director of Panchayats will bring these instructions to the notice of all the Panchayats.

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">GOVERNMENT OF KERALA </div>

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">Development (Municipal B) Dept.,</div>
No. 97854/M.B2/69/DD. <div style="text-align: right; direction: ltr; margin-left: 1em;"> Dated, Trivandrum, 14-5-1970. Circular t</div>
Memorandum II
Sub:- Sealing of tickets - Section 6A of the Kerala Local Authorities Entertainment Tax Act - Direction issued.
According to Rule 45 of the Kerala Local Authorities Entertainment Tax Act, 1961 all tickets proposed to be issued in respect of entertainment exempted from tax shall be got stamped. The methods for payment of entertainment tax have been laid down in the Rules. According to Rule 22, when tax is paid on the basis of returns the tickets shall be got stamped by the proprietor. There are also other methods for payment of tax viz., payment by means of stamps, payments where admission is regulated by mechanical contrivance etc. where sealing of tickets is not made.
By the Kerala Local Authorities Entertainment Tax (Amendment) Act, 1969 a tax at the rate of Rupees 15/- per show for circus performances and Rupees 25/- per show for dramatic performances was introduced. In view of the fact that there is no provision in the Rules that tickets should be got sealed when tax is paid (tax is not obviously on the basis of returns) and since the shows are not exempted from entertainment tax, there would be no need for getting the tickets sealed.
GOVERNMENT OF KERALA Local Administration Department No. 11185/M1B2/71/LAD (Municipal, B) Trivandrum, 12-5-1971 Circular Memorandum ill
Sub-Amendments effected to the Kerala Local Authorities Entertainment Tax Act, 1961 by the Kerala Local Authorities Entertainment Tax (Amendment) Act, 1969 - Clarification - Inclusion of Hypnotism under the term magic performances.
By Section 2 of the Kerala Local Authorities Entertainments Tax (Amendment) Act, 1969 "Magic Performances" are exempted from the levy of entertainment tax.
A question has been raised whether a performance of "hypnotism” will come within the meaning of magic performance for the purpose of exemption from the levy. Government have examined the question and Government, have been advised that "hypnotism” may be taken as coming within the meaning of the term "natural magic" which is defined as the art of working Wonders by a Superior knowledge of the powers of nature. For the above reasons, the "magic performance" exempted under Section 2 of the Kerala Local Authorities Entertainment Tax (Amendment) Act, 1969 have to be viewed as taking in an exhibition of hypnotic powers also.
In the circumstances Government are pleased to clarify that "magic performance” exempted under the Kerala Local Authorities Entertainment Tax (Amendment) Act, 1969 will include the performance of "hypnotism" also for the purpose of exemption from the levy of entertainment tax.
GOVERNMENT OF KERALA Local Self Government (RD) Department
G.O.(P)NO. 14/2016/LSGD 4th March 2016, Trivandrum
SRO. No. 244/2016.- In exercise of the powers conferred by the proviso to sub-section (1) of section 5 of the Kerala Local Authorities Entertainments Tax, Act, 1961 (20 of the 1961), the Government of Kerala hereby notify that the admission to cinema in any place in the State shall be made only with a ticket in the electronic form, indicating the proper tax for such ticket, generated out of an electronic device with an application software approved by Government, having the facility for access and verification of any data or information in respect of the tax due to the local authority as and when required by any officer authorised by the local authority. This notification will come into effect from 2nd May, 2016.

Panchayat:Repo18/vol2-page0279

2019-01-25T05:32:09Z

Bibinvb:

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''*THE KERALA LOCAL AUTHORITIES LOANS ACT, 1963'''</div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''(Act 30 of 1963 as amended by Act 11 of 2012) An Act to unify and amend the law relating to the borrowing powers of local authorities in the State of Kerala.'''
</div>
'''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;

Panchayat:Repo18/vol2-page0279

2019-01-25T05:31:12Z

Bibinvb:

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">*THE KERALA LOCAL AUTHORITIES LOANS ACT, 1963</div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">(Act 30 of 1963 as amended by Act 11 of 2012) An Act to unify and amend the law relating to the borrowing powers of local authorities in the State of Kerala.
</div>
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;

Panchayat:Repo18/vol2-page0279

2019-01-25T05:29:58Z

Bibinvb: '*THE KERALA LOCAL AUTHORITIES LOANS ACT, 1963 (Act 30 of 1963 as amended by Act 11 of 2012) An Act to unify and amend the...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

*THE KERALA LOCAL AUTHORITIES LOANS ACT, 1963
(Act 30 of 1963 as amended by Act 11 of 2012) 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,
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;

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<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''*THE KERALA LOCAL AUTHORITIES LOANS ACT, 1963'''</div>

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">(Act 30 of 1963 as amended by Act 11 of 2012) </div>

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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'''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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<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''*THE LOCAL AUTHORITIES LOANS RULES, 1965'''</div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''S.R.O. No. 268/65-''' In exercise of the powers conferred by Section 8 of the Kerala Local Authorities Loans Act, 1963 (30 of 1963), the Government of Kerala hereby make the following rules namely:-</div>

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''RULES'''</div>

'''1. Short title and commencement.'''- (1) These rules may be called the Kerala Local Authorities Loans Rules, 1965.

(2) They shall come into force with effect from 1st August, 1965.

2. '''Definitions'''.- In these rules, unless the context otherwise requires

(i) the Act means the Kerala Local Authorities Loans Act, 1963 (Act 30 of 1963);

(ii) “Government loan" means a loan taken by a local authority from the Government funds;

(iii) "Ioan” means a loan made, taken or raised under the Act;

(iv) “non-Government loan” means a loan raised otherwise than from Government funds;

(v)"term of a loan" means the period elapsing between the date on which the loan is completely made, taken or raised and the date on which it is completely repaid.

'''3. Limitation of borrowing powe'''r.- A local authority shall not borrow money for any of the purposes specified in Clauses (i) to (iv) of sub-section (1) of Section 3 of the Act unless the Work to be carried out is either

(a) within the local limits of the area subject to the control of the local authority,

(b) for the benefit of the inhabitants within those limits.

'''4. Nature of the funds on the security of which a local authority may borrow.-''' For the purpose of borrowing money under Section 3 of the Act or guaranteeing interest under Section 5 of the Act, a local authority shall not offer as security any of its funds which is charged under any provision of law for any specific purpose other than the one for which the loan is proposed to be raised or for which the interest is proposed to be guaranteed, except with the approval of the
Government.
5. Works for which money may be borrowed etc.— A local authority shall not borrow money nor shall it guarantee the payment of interest for any work which it is not legally authorised
to execute under the provisions of law governing it. مه- - - - nه | 6. Manner of application for permission to borrow money- When a local authority
۔ ۔ ۔ ۔ ۔ ۔ ۔ ۔ ۔ ۔ ۔ ۔
desires to borrow money, it shall submit an application to the Government or to such authority as
may be specified by them in this behalf, in the form given in Appendix I. 7. Manner of making application for sanction to give guarantee.- When a local
authority desires 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 money expended or to be expended on any work, under Section 5 of the Act, it shall submit an application to the Government
in the form given in Appendix II

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<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''*THE LOCAL AUTHORITIES LOANS RULES, 1965'''</div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''S.R.O. No. 268/65-''' In exercise of the powers conferred by Section 8 of the Kerala Local Authorities Loans Act, 1963 (30 of 1963), the Government of Kerala hereby make the following rules namely:-</div>

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">RULES</div>

'''1. Short title and commencement.'''- (1) These rules may be called the Kerala Local Authorities Loans Rules, 1965.

(2) They shall come into force with effect from 1st August, 1965.

2. '''Definitions'''.- In these rules, unless the context otherwise requires

(i) the Act means the Kerala Local Authorities Loans Act, 1963 (Act 30 of 1963);

(ii) “Government loan" means a loan taken by a local authority from the Government funds;

(iii) "Ioan” means a loan made, taken or raised under the Act;

(iv) “non-Government loan” means a loan raised otherwise than from Government funds;

(v)"term of a loan" means the period elapsing between the date on which the loan is completely made, taken or raised and the date on which it is completely repaid.

'''3. Limitation of borrowing powe'''r.- A local authority shall not borrow money for any of the purposes specified in Clauses (i) to (iv) of sub-section (1) of Section 3 of the Act unless the Work to be carried out is either

(a) within the local limits of the area subject to the control of the local authority,

(b) for the benefit of the inhabitants within those limits.

'''4. Nature of the funds on the security of which a local authority may borrow.-''' For the purpose of borrowing money under Section 3 of the Act or guaranteeing interest under Section 5 of the Act, a local authority shall not offer as security any of its funds which is charged under any provision of law for any specific purpose other than the one for which the loan is proposed to be raised or for which the interest is proposed to be guaranteed, except with the approval of the
Government.
5. Works for which money may be borrowed etc.— A local authority shall not borrow money nor shall it guarantee the payment of interest for any work which it is not legally authorised
to execute under the provisions of law governing it. مه- - - - nه | 6. Manner of application for permission to borrow money- When a local authority
۔ ۔ ۔ ۔ ۔ ۔ ۔ ۔ ۔ ۔ ۔ ۔
desires to borrow money, it shall submit an application to the Government or to such authority as
may be specified by them in this behalf, in the form given in Appendix I. 7. Manner of making application for sanction to give guarantee.- When a local
authority desires 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 money expended or to be expended on any work, under Section 5 of the Act, it shall submit an application to the Government
in the form given in Appendix II

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'''8. Inquiries to be made on applications.'''- The Government or the authority authorised under Rule 6, shall cause such inquiry as they think fit to be made into the statements contained in the application made, under Rule 6 or 7 as the case may be. Such enquiry may be conducted through such persons as the Government or the authority may authorise or with reference to such records as they may deem fit.

'''
9. Rejection of application etc.-''' If it appears to the Government or the authority authorised under Rule 6, as the case may be, that the money ought not to be borrowed or that the payment of interest on the money expended or to be expended on any work or for any of the purposes, to which such funds might be by law applied, shall not be guaranteed, it shall reject the application.

'''10. X x X x'''

'''11. Disposal of application.'''- The Government or the authority authorised under Rule 6, as the case may be, after conducting the enduiry referred to in Rule 8 either

(i) reject the application, or

(ii) grant the loan or sanction the raising of the loan as the case may be, or

(iii) permit the local authority to guarantee the payment of interest under Section 5 of the Act.
Provided that no application shall be rejected under this rule without giving the Local authority an opportunity to show cause against the action proposed to be taken.)

'''11A X x X x'''

'''12. Power of Government to grant urgent loans.'''- Where a local authority in its application desires the immediate grant, or sanction to the raising of a loan on the ground that funds are urgently needed for any of the purposes mentioned in sub-section (1) of Section 3 of the Act, the Government or the authority authorised under rule 6 as the case may be, if it is satisfied that the loan is urgently needed for any purpose, may, notwithstanding anything contained in Rules 8 and 11 after such inquiry, if any, as it thinks fit to make, grant, or sanction the raising of, such loan at any time after the receipt of the application.

13. '''Conditions relating to non-Government loans.'''- The Government or the authority authorised under Rule 6 shall not permit the raising of a non-Government loan unless it is satisfied that the local authority will be able to repay the loan together with interest in time from the proceeds from the work to be executed with the proposed loan.

'''14. Inspection of works etc.-''' it shall be lawful for the Government or for such officers as they may authorise, to inspect or to cause the inspection or any work carried out under contract in respect of which the payment of interest is guaranteed by a local authority either severally or in conjunction with any other local authority under Section 5 of the Act and every person in charge of the execution of the Work shall be bound to afford such facilities as the inspecting officers may require for the purpose of inspection of the work.

(2) The person or the corporate body with whom any such contract for the work is made, shall keep Such accounts in respect of the Work as the Government or such inspecting officers may require and all Such accounts shall be made available to the Government or the inspecting officers for inspection if so called for.

'''15. Grant of Government Loans.'''- (1) If the Government grant a loan to a local authority under Rule 11, the local authority shall be required to execute an agreement in the form given in Appendix Illin favour of the Government and the loan shall be granted subject to such conditions
as the Government may specify.

(2) Every grant of a Government loan shall be subject to the conditions that
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(i) the local authority shall furnish to the Examiner of Local Fund Accounts, the Accountant General, the Government and the authority authorised under Rule 6, all information which they may require regarding its funds and regarding the expenditure of the loan;

(ii) the accounts of the local authority in respect of the loan amount shall be open to audit by the ACCountant General;

(iii) If the Government or the authority authorised under Rule 6 considers that the local authority has failed to comply with any of the conditions prescribed in respect of the loan or with any of the requirements of these rules it shall be lawful for them to order that no further payments shall be made on account of such loan and that any amount advanced with interest thereon shall be repaid immediately.

'''16. Control and inspection of works and accounts.'''- The Government shall make such provisions as they may deem necessary

(a) for ascertaining and Securing that the money borrowed is duly applied to the purpose for which it has been borrowed, and that the unexpended balance of the loan is not employed otherwise than in accordance with these rules.

(b) Where the loan is taken for any of the purposes specified in Clauses (i), (ii), (iii), or (iv) of sub-section (1) of Section 3 of the Act for the proper inspection of the work to be carried out:

Provided that every such work and the accounts connected therewith shall be open at all times to the inspection of-

(1) the officers of the Engineering Departments of the Government not below the rank of an Executive Engineer exercising jurisdiction over the area in which the work is executed;

(2) any person who may be authorised to inspect the accounts of the local authority, and

(3) any other person specially authorised by the Government in this behalf.

'''17. Procedure on attachment'''- When the Government decide to attach any funds under Section 4 or under Section 6 of the Act, the following procedure shall be observed, namely:-

(a) the Government shall issue a notice to the local authority prohibiting the collection or management of Such funds by the local authority, and vesting the administration thereof in such officer as the Government may appoint. The Government shall cause such notice to be published in the Government Gazette, and in such other manner as it may deem fit within the local limits of the area subject to the control of the local authority;

(b) the officer appointed by the Government under Section 4 or under Section 6 of the Act shall pay the moneys collected or received under such attachment to the lender, or in the case of a Government loan, into the Government Treasury;

(c) the said officer shall, prepare the accounts of money So Collected and of the cost of collection in such form as the Government may, from time to time, direct. He shall deliver a copy of the accounts to the local authority and shall cause a copy to be published in the Gazette.

'''18. Procedure in respect of unexpended balances of loans'''.- If, on the completion of the work or the closing of the account of the transaction for which a local authority has borrowed money, the Government is satisfied that the whole of the money has not been spent on the purpose of Which it was borrowed it shall proceed as follows, namely:-

(a) in the case of a Government loan - The Government shall direct that the unexpended balance shall be forthwith repaid to the Government, and the principal of the debt reduced by an equivalent amount. The Government may direct such variation as it may consider necessary on this account in the instalments fixed for the liquidation of the loan.

(b) In the case of a non-Government loan - the Government may direct that the unexpended balance shall be utilised in the reduction in any way of the debt of the local authority.
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'''19. Interest on Government loans.'''-(1) In the case of Government loans interest shall be charged, at the rate agreed upon yearly or half-yearly, as the Government may determine and shall be reckoned and paid on each instalment from the date on which such instalment is received by the local authority.

(2) The Government may, if they think fit, direct that compound interest at a rate not less than 7% per cent per annum shall be paid upon all overdue instalments of interest or principal and
interest.

'''20. Repayment of Government loans.'''- The local authority may, at any time, repay the whole or any part of a Government loan in advance of the period fixed by the conditions of the loan.

'''21 Accounts of Government loans.'''-The accounts of every Government loan shall be kept by the ACCountant General.

'''22. Sinking fund for non-Government loans.'''- If a loan is not repayable by annuities or annual drawings, the local authority shall establish a sinking fund in the following manner, namely:-

(1) it shall pay out of its income, yearly or half yearly into such fund, a sum which, accumulating at such rate of compound interest as the Government may fix, will be sufficient to secure the liquidation of the loan within the term fixed for its repayment;

(2) it shall make the first of such payments within one year from the date of taking or raising the loan unless the sanctioning authority otherwise directs, and

(3) it shall submit the accounts of its sinking fund annually to the Examiner of Local Fund Accounts and shall at once make good from its income any amount by which he may certify that the fund is deficient, unless the Government sanctions gradual readjustment.

'''Explanatory Note'''

(This note is not part of these Rules but is intended to indicate their general purport).

Section 8 of the Kerala local Authorities Loans Act, 1963 requires that the Government may, by notification in the Gazette make rules to carry out the purposes of the Act. The above rules are intended to regulate the raising of loans by Local Authorities.

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''APPENDIX I'''</div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;"> '''Application for loan''' </div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''(See Rule 6) '''</div>

1.Purpose of the loan.

2. The amount proposed to be borrowed.

3. If the amount is for any remunerative work the probable return from the same per annum after its execution.

4. The fund or the portion of the fund on the security of which it is proposed to borrow.

5. The law under which the said fund is levied, received or held.

6. The date within which the money is to be borrowed.

7. The rate of interest at which the money is to be borrowed.

8. The term of years for which the money is to be borrowed and the method by which it is to be repaid.

9. Account of the financial position of the Municipality.

10. A statement of the prior loans outstanding, repayment and the method of their repayment.

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''APPENDIX I'''I </div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''Application For Permission to Guarantee interest''' </div> <div class="center" style="width: auto; margin-left: auto; margin-right: auto;"> '''(See Rule 7)'''</div>

1. Purpose for which the payment of interest is to be guaranteed.

2. Cost of the work or the expenditure to be incurred for the purpose and probable amount as
interest to be guaranteed.

3. Whether the interest is to be guaranteed severally or in conjunction with any other local authority.

4. If in conjunction with any other local authority, the name of the local authority concerned.
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'''19. Interest on Government loans.'''-(1) In the case of Government loans interest shall be charged, at the rate agreed upon yearly or half-yearly, as the Government may determine and shall be reckoned and paid on each instalment from the date on which such instalment is received by the local authority.

(2) The Government may, if they think fit, direct that compound interest at a rate not less than 7% per cent per annum shall be paid upon all overdue instalments of interest or principal and
interest.

'''20. Repayment of Government loans.'''- The local authority may, at any time, repay the whole or any part of a Government loan in advance of the period fixed by the conditions of the loan.

'''21 Accounts of Government loans.'''-The accounts of every Government loan shall be kept by the ACCountant General.

'''22. Sinking fund for non-Government loans.'''- If a loan is not repayable by annuities or annual drawings, the local authority shall establish a sinking fund in the following manner, namely:-

(1) it shall pay out of its income, yearly or half yearly into such fund, a sum which, accumulating at such rate of compound interest as the Government may fix, will be sufficient to secure the liquidation of the loan within the term fixed for its repayment;

(2) it shall make the first of such payments within one year from the date of taking or raising the loan unless the sanctioning authority otherwise directs, and

(3) it shall submit the accounts of its sinking fund annually to the Examiner of Local Fund Accounts and shall at once make good from its income any amount by which he may certify that the fund is deficient, unless the Government sanctions gradual readjustment.

'''Explanatory Note'''

(This note is not part of these Rules but is intended to indicate their general purport).

Section 8 of the Kerala local Authorities Loans Act, 1963 requires that the Government may, by notification in the Gazette make rules to carry out the purposes of the Act. The above rules are intended to regulate the raising of loans by Local Authorities.

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">APPENDIX I</div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;"> Application for loan </div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">See Rule 6 1.</div>

1.Purpose of the loan.

2. The amount proposed to be borrowed.

3. If the amount is for any remunerative work the probable return from the same per annum after its execution.

4. The fund or the portion of the fund on the security of which it is proposed to borrow.

5. The law under which the said fund is levied, received or held.

6. The date within which the money is to be borrowed.

7. The rate of interest at which the money is to be borrowed.

8. The term of years for which the money is to be borrowed and the method by which it is to be repaid.

9. Account of the financial position of the Municipality.

10. A statement of the prior loans outstanding, repayment and the method of their repayment.

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">APPENDIXII </div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">Application For Permission to Guarantee interest </div> <div class="center" style="width: auto; margin-left: auto; margin-right: auto;"> (See Rule 7)</div>

1. Purpose for which the payment of interest is to be guaranteed.

2. Cost of the work or the expenditure to be incurred for the purpose and probable amount as
interest to be guaranteed.

3. Whether the interest is to be guaranteed severally or in conjunction with any other local authority.

4. If in conjunction with any other local authority, the name of the local authority concerned.
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'''5. Authority to whom application should be made.-''' An application under Section 4 shall be made to the Secretary of the Municipality or the Village Panchayat as the case may be.)

'''6. Procedure on receipt of application'''.- Upon the receipt of any such application the authority to whom it is made shall inspect the place or building in respect of Which a licence is required and may call on the applicant,by notice in writing,to make any alteration or addition in the material or arrangement of the enclosure or building, or in the precautions for the safety of the public to be assembled therein and may refuse to grant a licence until the alteration or addition is made.

'''7. Grant of licence.-''' (1) If the authority is satisfied

(a) that the enclosed place or building may safely be used for the purpose of public resort or entertainment proposed;

(b) that no objection arising from its situation, ownership, possession or the purpose proposed exists,

he shall give the applicant a written licence, signed by him specifying the enclosure or building and the purpose for which it is to be used. Such licence shall be in such form and subject to the payment of such fee and conditions as the Government may from time to time by rule direct.

(2) If the authority is not satisfied as aforesaid he may refuse to grant a licence, recording his reasons for refusal in Writing.

'''8. Licence to state period for which it is to be in force'''.-- Every licence granted under this Act shall state the period for which it is to continue in force and shall cease to be in force on the expiration of that period.

'''9. Renewal of licence.-''' (1) A licence granted under Section 7 may be renewed on an application by the licensee presented within such time before the expiry of the licence, as may be prescribed. The provisions of Sections 4, 5, 6, 7 and 8 shall, as far as may be, apply in relation to the renewal of licence as they apply in relation to the grant of a licence.

(2) If an application for renewal of a licence has been presented within the time prescribed under sub-section (1) and no order refusing renewal has been Communicated to the applicant before the expiry of the term of the licence the applicant shall, notwithstanding Such expiry, be deemed to have a valid licence till orders are received by him on his application for renewal.

'''10. Revocation or suspension of licence.'''- (1) Any authority granting a licence under this Act may for reasons recorded in writing, revoke or suspend the same when he has reason to believe-

(a) that the licence has been fraudulently obtained; or

(b) that the enclosed place or building has been used for any purpose other than those
for which the licence was granted; or

(c) that the place or building can no longer be safely used for the purpose for which the
licence was granted; or

(d) that any condition of the licence has been contravened: Provided that no licence shall be revoked or suspended without the licensee being given a reasonable opportunity of showing cause against the proposed action. (2) A person whose licence is revoked or suspended under sub-section (1) shall not be entitled to the refund of any fee paid in respect of such licence or for any Compensation in respect of any loss Sustained by Such revocation or Suspension. 11. Appeals.-(1) Any person aggrieved may appeal from any order passed under Sections
6, 7, 8, or 10. y y s (2) The appeal shall be preferred within thirty days of the date on which the order was communicated.
9(3) The appeal shall lie to the council of the municipality οι, as the case may be, the Village Panchayat concerned.

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(4) The provisions of Section 5 of the Indian Limitation Act, 1908 shall apply to the appeals under this section.

(5) The appellate authority shall have the same power to inspect and to require alteration or addition in the enclosed place or building as the authority to whom application is made under Section 5, and may either grant or withhold the licence or make such other order as he thinks fit.

12. '''Power to enter place of public resort or entertainment to inspect licence or prevent further use'''.- The licensing authority or any person authorised by him in writing may enter at any time any enclosure or building for which licence is required under this Act, inspect the licence if any has been issued, and if there is no licence, or if the conditions of the licence are not observed, prevent the further use of such enclosure or building as a place of public resort or entertainment.

13. '''The Appellate Tribunals constituted under section 271S of the Kerala Panchayat Raj Act, 1994 (13 of 1994) may revise any proceedings under Act'''.- The Appellate Tribunals constituted under section 271S of the Kerala Panchayat Raj Act, 1994 (13 of 1994) may call for and examine the record of any proceeding taken under this Act, may call for any reportin connection therewith, make or cause to be made any further enquiry, and may, after notice to parties affected and hearing them pass any order which the authority holding the proceeding might have passed:

Provided that the “Appellate Tribunals constituted undersection 271S of the Kerala Panchayat Raj Act, 1994 (13 of 1994) shall not exercise the powers under this section in respect of a proceeding from which an appeal is pending before the appellate authority under Section 11.

14. '''Prohibition of smoking in certain places where entertainments are held.'''- No person shall in any enclosed place or building used as a place of public resort or entertainment during the prohibited period as defined in sub-section (2) Smoke -

(a) on the stage except in so far as smoking may be part of the entertainment, or

(b) in the auditorium, that is to say, in that portion of the enclosed place or building in which accommodation is provided for members of the public: Provided that the State Government may, by notification in the Gazette, exempt any class of entertainments from the provisions of this sub-section.

(2) For the purposes of sub-section (1), prohibited period means so much of the period commencing thirty minutes before the beginning of the entertainment and pending with the termination thereof, as may fall within the hours which the State Government may, by notification in the Gazette, specify in this behalf for entertainments generally or any class of entertainments.

(3) Any person who contravenes the provisions of this section shall be liable to be ejected summarily from the enclosed place or building by any Police Officer and shall also be punishable with fine which may extend to fifty rupees.

(4) A person ejected under Sub-section (3) shall not be entitled to the refund of any payment made by him for admission to the entertainment or to any other compensation.

15. '''Protection of action taken under the Act.'''-No suit, prosecution or legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder.

16. '''Penalties.'''- (1) Every person who, having the immediate control of any enclosed place or building, uses or permits it to be used as a place of public resort or entertainment without having obtained a licence, or, having obtained a licence under this Act uses or permits such use in contravention of any of the Conditions of such licence shall be liable, on conviction before a Magistrate, to fine which may extend to “(two thousand and five hundred rupees.)

(2) Any fine imposed by a Magistrate under Sub-section (1) shall be recoverable by such Magistrate under the Code of Criminal Procedure, 1898 and the same shall on recovery be paid over to the authority mentioned in Section 5.
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(3) Whenever any person is convicted of an offence in respect of the failure to obtain a licence in accordance with this Act, the Magistrate shall, in addition to any fine which may be imposed, recover Summarily and pay over to the authority mentioned in Section 5, the amount of fee chargeable for the licence in accordance with the rules for the time being in force, and may in his discretion also recover Summarily, and pay over to the said authority Such amount, if any, as he may fix as the costs of the prosecution.

(4) Notwithstanding anything contained in the foregoing provisions, the licensing authority or any personauthorised by him shall be competent to seal any place of public resort or entertainment and prevent the further use of the place for such purpose if he is satisfied that the place of public resort or entertainment is used or proposed to be used in contravention of any of the provisions of this Act or rules made thereunder:

Provided that before taking action under this sub-section, the licensing authority or any person authorised by him shall give to the person against whom action is proposed to be taken an opportunity to show cause within twenty-four hours of the intimation thereof why such action should not be taken.

(5) The licensing authority may, subject to such restriction and control as may be prescribed, compound any offence punishable under this Act, or any rules or bye-laws made thereunder which may, by rules, be declared compoundable.)

'''17. Duties of Police Officer.-''' (1) It shall be the duty of every police officer

(a) to communicate without delay to the licensing authority any information which he receives of the design to Commit or of the Commission of any offence under this Act or any rule made under it; and

(b) to assist the licensing authority or any officer authorised by him reasonably demanding his aid for the lawful exercise of any power vesting in such authority or officer under this Actor any rule made under it.

(2) Any police officer who omits or refuses to perform any duty imposed on him by this section shall be deemed to have committed an offence under Section 41 of the Kerala Police Act, 1960 (Act 5 of 1961).

'''18. Exercise of powers of Police Officers by municipal servant'''- The Government may empower any officer or servant of a local authority to exercise the powers of a police officer for the purposes of this Act.
'''
19. Power to make rules.-''' (1) The Government may, make rules, to carry out all or any of the purposes of this Act.

(2) Every rule made under this 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.

'''20. Repeal.'''-The Madras Places of Public Resort Act, 1888 (Act II 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 Places of Public Resort Act, 1951 (Act VIII of 1951) are hereby repealed.

'''21. Power to remove difficulties.'''- If any difficulty arises in relation to the transition from the provisions of any of the repealed enactments or in giving effect to the provisions of this Act the Government may, by order, as occasion requires, do anything not inconsistent with the provisions of this Act which appears to them, to be necessary for the purpose of removing the difficulty:

Provided that no such order shall be made after the expiration of two years from the commencement of this Act.
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Provided that the Licensing Authority in consultation with the Health Officer, may-

(i) permit the use of extractors or other artificial means of ventilation to provide for a sufficient supply of fresh air in the building in lieu of all or any of the windows required under Clause (d); or

(ii) require such extractors or other artificial means of ventilation to be provided in addition to the windows required under the said clause.

'''4. Obligation of the licensee to keep all means of ventilation in good order'''.- Every person who may have obtained a licence under the Act for the use of any permanent building for public resort or entertainment shall cause all windows and other means of ventilation in the building to be maintained in good order and efficient action during the period for which such building is used for public resort or entertainment and for at least two hours before and for half an hour after such USe.

'''5. Licensing authority's power to relax conditions.'''- The Licensing Authority may relax the conditions in Rules 3 and 4 on the recommendation of the Health Officer.

'''6. Obligation of the licensee to provide lighting arrangements.-''' The licensee shall, except when such building is used in daytime and no artificial lighting is required, provide suitable lighting therein and in the open Space attached thereto.

'''7. Licensees' obligation to keep the flooring in good order.'''- The licensee shall cause the flooring of every part of such building to be paved or otherwise made impervious and damp-free and shall keep such flooring at all times in good order and repair and shall disinfect the building and premises at such times and in such manner as may be prescribed.

'''8. Licensee not to permit any sand etc. to be spread on any part of the floor to which public are admitted.-''' The licensee shall not permit any sand, earth or other dusty material to be spread on any part of the floor of the building to which the public are admitted.

'''9. Material used as covering for the floor to be cleaned.'''- The licensee shall cause the carpets, matting or any other material used as covering for the floor to be cleaned and dusted before the commencement of every entertainment.

'''10. Open spaces in the licensed premises to be paved or gravelled.-''' The licensee shall cause all open Spaces in the licensed premises to be paved or gravelled to the satisfaction of the licensing authority. ܼ

'''11. Limit on the accommodation of persons.'''- (i) The licensee shall not permit a greater number of persons to be accommodated in a building than that arrived at by calculating at the rate of 20 persons per 10 sq. metres of floor area in respect of such portions as are provided with chairs having backs and arms and at the rate of 25 persons per 10 sq. metres of floor area in respect of other portions after excluding the area of the entrances, the passages and gangways, the stage, the stair-cases and all places to which the public are not admitted.

(ii) The licensee shall cause aboard to be hung in a prominent place in the licensed premises showing the maximum number of persons who can be accommodated in the building under this rule.

'''12. Provision of separate accommodation for women.-''' The licensee shall provide reasonably sufficient separate accommodation for women.

'''13. Walls of the building to be hot-lime washed or painted.'''- The licensee shall cause the walls of the building to be hot-lime washed at least once in every six months or to be painted annually if not otherwise prescribed.

'''14. Cleaning of licensed premises.-''' The licensee shall cause the premises to be thoroughly cleaned and all refuse matter to be removed at least once in every 24 hours, or more often if so prescribed.

'''15. Provision of drainage and sanitary conveniences.'''- The licensee shall provide suitable means of drainage to the building and also sanitary conveniences of such description and
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design as may be prescribed on the recommendation of the Health Officer for the exclusive use of each sex according to the scale shown in Appendix I and shall cause the same to be maintained in good order and sanitary condition.

'''16. Providing of water supply'''.- The licensee shall where a continuous supply of pipewater is available, provide such number of water taps and in such places as may be prescribed on the recommendation of the Health Officer.

'''17. Providing of drinking water in places where pipe-water is not available.-''' The licensee shall where a continuous supply of pipe-water is not available, provide drinking water in such places, in such manner and in such quantity as may be prescribed on the recommendation of the Health Officer.

'''18. Providing of spittoons.-''' The licensee shall provide spittoons of such description, in such numbers and in such places as may be prescribed on the recommendation of the Health Officer and the spittoons shall be well washed with such disinfectants as may be prescribed.

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;"> '''PART III'''</div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;"> '''Temporary Buildings And Enclosures'''</div>

19. Conditions under which licence may be granted.- No licence shall be granted under the Act for the use of any temporary building for public resort or entertainment unless:-

(a) the building is provided on all its sides with an open space which in no part thereof shall be less than 45 metres in Width:

Provided that the licensing authority with the sanction of Governmentor any Officer authorised
by Government in this behalf may grant a licence for any such building with an open space of not less than six metres in width and in the
case of buildings constructed as theatres even with less open space in fit cases;

(b) the caves of the building have a height of not less than 2.5 metres; and

(c) every door-way in the building is not less than 2 metres in height and 1.5 metres in width.

'''20. Providing of means of ventilation.'''- Every person who may have obtained a licence under the Act for the use of any temporary building or any enclosed place for public resort or entertainment shall provide suitable means of ventilation for such building or place and shall cause the same to be maintained to the satisfaction of the licensing authority. He shall also, except when such building or place is used in day-time and no artificial lighting required, provide suitable lighting therein.

'''21. Maintenance of sanitary condition in the licensed premises.-''' The licensee shall cause every part of such building or place to be maintained in proper sanitary condition.

'''22. Limit on the number of persons to be admitted in the premises.-''' The licensee shall not permit a greater number of persons to be accommodated in the building than that arrived at by calculating at the rate of 25 persons per 10 sq. metres of floor area after excluding the area of the entrances, the passages and gangways, the stage, the stair-cases and all places to which the public are not admitted.

'''23. Providing of sanitary conveniences'''.-The licensee shall provide sanitary conveniences as may be prescribed by the licensing authority on the recommendation of the Health Officer for the exclusive use of each sex according to the scale laid down in Appendix I and shall cause the same to be maintained in good and sanitary condition.

'''24. Providing of drinking water facilities.'''- The licensee shall provide a sufficient Supply of wholesome drinking water for the use of persons employed in or frequenting such building or place in such manner and in such quantity as may be prescribed by the licensing authority.

'''25. Restrictions on the affixture of light etc.'''- The licensee shall not permit or suffer:

(a) any light to be affixed to the side walls or posts of such building or place;
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design as may be prescribed on the recommendation of the Health Officer for the exclusive use of each sex according to the scale shown in Appendix I and shall cause the same to be maintained in good order and sanitary condition.

'''16. Providing of water supply'''.- The licensee shall where a continuous supply of pipewater is available, provide such number of water taps and in such places as may be prescribed on the recommendation of the Health Officer.

'''17. Providing of drinking water in places where pipe-water is not available.-''' The licensee shall where a continuous supply of pipe-water is not available, provide drinking water in such places, in such manner and in such quantity as may be prescribed on the recommendation of the Health Officer.

'''18. Providing of spittoons.-''' The licensee shall provide spittoons of such description, in such numbers and in such places as may be prescribed on the recommendation of the Health Officer and the spittoons shall be well washed with such disinfectants as may be prescribed.

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;"> '''PART III'''</div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;"> '''Temporary Buildings And Enclosures'''</div>

19. Conditions under which licence may be granted.- No licence shall be granted under the Act for the use of any temporary building for public resort or entertainment unless:-

(a) the building is provided on all its sides with an open space which in no part thereof shall be less than 45 metres in Width:

Provided that the licensing authority with the sanction of Governmentor any Officer authorised
by Government in this behalf may grant a licence for any such building with an open space of not less than six metres in width and in the case of buildings constructed as theatres even with less open space in fit cases;

(b) the caves of the building have a height of not less than 2.5 metres; and

(c) every door-way in the building is not less than 2 metres in height and 1.5 metres in width.

'''20. Providing of means of ventilation.'''- Every person who may have obtained a licence under the Act for the use of any temporary building or any enclosed place for public resort or entertainment shall provide suitable means of ventilation for such building or place and shall cause the same to be maintained to the satisfaction of the licensing authority. He shall also, except when such building or place is used in day-time and no artificial lighting required, provide suitable lighting therein.

'''21. Maintenance of sanitary condition in the licensed premises.-''' The licensee shall cause every part of such building or place to be maintained in proper sanitary condition.

'''22. Limit on the number of persons to be admitted in the premises.-''' The licensee shall not permit a greater number of persons to be accommodated in the building than that arrived at by calculating at the rate of 25 persons per 10 sq. metres of floor area after excluding the area of the entrances, the passages and gangways, the stage, the stair-cases and all places to which the public are not admitted.

'''23. Providing of sanitary conveniences'''.-The licensee shall provide sanitary conveniences as may be prescribed by the licensing authority on the recommendation of the Health Officer for the exclusive use of each sex according to the scale laid down in Appendix I and shall cause the same to be maintained in good and sanitary condition.

'''24. Providing of drinking water facilities.'''- The licensee shall provide a sufficient Supply of wholesome drinking water for the use of persons employed in or frequenting such building or place in such manner and in such quantity as may be prescribed by the licensing authority.

'''25. Restrictions on the affixture of light etc.'''- The licensee shall not permit or suffer:

(a) any light to be affixed to the side walls or posts of such building or place;
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(b) any light to be placed within 1.50 metres of the walls or roof of such building or place;

(c) any fire-Work to be ignited by his servants within 90 metres of any part of the outer walls of such building or place; and

(d) smoking within such building or place.

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;"> '''PART IV'''</div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''Permanent and Temporary Building or Enclosures'''</div>

26. '''Annual and temporary licences'''.- (1) Licences granted under the Act shall be either annual or temporary.

(2) Temporary licences may be granted:-

(a) in the case of a building or enclosure used for a travelling circus or show, for a period not exceeding one Week at a time; and

(b) in other cases for a period not exceeding three months at a time.

(3) Annual licences shall be granted only in respect of permanent buildings provided that, for reasons to be recorded in Writing, the licensing authority may grant a licence so as to be valid for a period of less than one year, in which case he shall collect only the proportionate licence fee. Temporary licences may also be granted in respect of such buildings if they are required only for occasional use as places of public resort or entertainment.

(4) Temporary licences only may be granted in respect of temporary buildings.

(5) In respect of Walled enclosures which have no roof or super structure either annual or temporary licences may be granted.

(6) Any licence granted may from time to time be renewed at the discretion of the licensing authority:-

(a) in the case of an annual licence for further period of one year at a time; and

(b) in the case of temporary licence for such further periods as the licensing authority may think fit, but not exceeding at a time the period specified in Clause (a) or Clause (b) of subrule (2) as the case may be.

(7) in the case of a travelling circus or show referred to in Clause (a) of sub-rule (2) the period for which a licence is in force shall not except with the special sanction of Government exceed three months in the aggregate within any continuous period of twelve months.

(8) The grant of an annual licence in respect of any building or enclosure shall not be deemed to authorise the use of Such building for a travelling circus or show. In such cases, a separate temporary licence shall be obtained in accordance with the provisions of this rule for the use of Such building or enclosure for such circus or show.

(9) The licensing authority shall communicate to the local police station and the Tahsildar concerned a copy of every temporary licence issued under the Act.

'''27. Power of licensing authority to prohibit the use of any building for public resort during epidemic.'''- In the event of an outbreak of an epidemic or contagious disease in the locality, the licensing authority may by order direct that any building or enclosed place in respect of which a licence has been granted under the Act, shall not be used for purposes of public resort or entertainment for such period as may be specified in the order, if in his opinion or in the opinion of the Health Officer Such use is likely to spread the epidemic or contagious disease.

*28. '''Scale of fees chargeable on licences.'''- (i) For every licence granted or renewed
under the Act there shall be charged, unless exempted by the Government, a fee according to the following scale, namely:-

(a) For the grant or renewal of licence for one year in respect of a permanent building
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(b) any light to be placed within 1.50 metres of the walls or roof of such building or place;

(c) any fire-Work to be ignited by his servants within 90 metres of any part of the outer walls of such building or place; and

(d) smoking within such building or place.

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;"> '''PART IV'''</div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''Permanent and Temporary Building or Enclosures'''</div>

26. '''Annual and temporary licences'''.- (1) Licences granted under the Act shall be either annual or temporary.

(2) Temporary licences may be granted:-

(a) in the case of a building or enclosure used for a travelling circus or show, for a period not exceeding one Week at a time; and

(b) in other cases for a period not exceeding three months at a time.

(3) Annual licences shall be granted only in respect of permanent buildings provided that, for reasons to be recorded in Writing, the licensing authority may grant a licence so as to be valid for a period of less than one year, in which case he shall collect only the proportionate licence fee. Temporary licences may also be granted in respect of such buildings if they are required only for occasional use as places of public resort or entertainment.

(4) Temporary licences only may be granted in respect of temporary buildings.

(5) In respect of Walled enclosures which have no roof or super structure either annual or temporary licences may be granted.

(6) Any licence granted may from time to time be renewed at the discretion of the licensing authority:-

(a) in the case of an annual licence for further period of one year at a time; and

(b) in the case of temporary licence for such further periods as the licensing authority may think fit, but not exceeding at a time the period specified in Clause (a) or Clause (b) of subrule (2) as the case may be.

(7) in the case of a travelling circus or show referred to in Clause (a) of sub-rule (2) the period for which a licence is in force shall not except with the special sanction of Government exceed three months in the aggregate within any continuous period of twelve months.

(8) The grant of an annual licence in respect of any building or enclosure shall not be deemed to authorise the use of Such building for a travelling circus or show. In such cases, a separate temporary licence shall be obtained in accordance with the provisions of this rule for the use of Such building or enclosure for such circus or show.

(9) The licensing authority shall communicate to the local police station and the Tahsildar concerned a copy of every temporary licence issued under the Act.

'''27. Power of licensing authority to prohibit the use of any building for public resort during epidemic.'''- In the event of an outbreak of an epidemic or contagious disease in the locality, the licensing authority may by order direct that any building or enclosed place in respect of which a licence has been granted under the Act, shall not be used for purposes of public resort or entertainment for such period as may be specified in the order, if in his opinion or in the opinion of the Health Officer Such use is likely to spread the epidemic or contagious disease.

'''
*28. Scale of fees chargeable on licences.'''- (i) For every licence granted or renewed
under the Act there shall be charged, unless exempted by the Government, a fee according to the following scale, namely:-

(a) For the grant or renewal of licence for one year in respect of a permanent building
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within the Corporations, Townships and Municipalities a fee of Rupees 75 for an area of 100 sq. metres or less with an additional fee of Rupees 37.50 for every 50 sq. metres or fraction thereof in excess of the first 100 sq. metres.

(b) For the grant or renewal of licence for one year in respect of a permanent building within a Panchayat area, a fee of Rupees 20 for an area of 100 sq. metres or less with an additional fee of Rupees 10 for every 50 sq. metres or fraction thereof in excess of the first 100 sq. metres.

(ii) (a) For the grant or renewal of temporary licence in respect of a permanent building within the Corporations, Townships and Municipalities a fee of Rupees 20 per mensem or Rupees 2 per day for an area of 100 sq. metres or less with an additional fee of Rupees 7.50 per mensem or Rupees 1 per day for every 50 sq. metres or fraction thereof in excess of 100 sq. metres.

(b) For the grant or renewal of a temporary licence in respect of a permanent building within a Panchayat area, a fee of Rupees 6 permensem or Rupees 1 per day for an area of 100 sq. metres or less with an additional fee of Rupees 3 per mensem or 50 Paise per day for every 50 sq. metres or fraction thereof in excess of 100 sq. metres.

(iii) (a) For the grant or renewal of a temporary licence in respect of a temporary building within the Corporations, Townships and the Municipalities Rupees 75 per mensem or Rupees 2 per day for an area of 100 sq. metres or less with an additional fee of Rupees 37.50 per mensem or Rupees 1 per day for every 50 sq. metres or fraction thereof in excess of 100 sq. metres.

(b) For the grant or renewal of a temporary licence in respect of a temporary building within a Panchayat area Rupees 20 per mensem or Rupees 1 per day for an area of 100 sq. metres or less with an additional fee of Rupees 10 per mensem or 50 Paise per day for every 50 sq. metres or fraction thereof in excess of 100 sq. metres.

(iv) (a) For the grant or renewal of a licence for an enclosure without any roof or superstructure within the Corporations, Townships and Municipalities for one year Rupees 75 for an area of 100 sq. metres or less with an additional fee of Rupees 7.50 for every 50 sq. metres or fraction thereof in excess of 100 sq. metres.

(b) For the grant or renewal of a licence for an enclosure without any roof or superstructure within a Panchayat area for one year Rupees 7.50 for an area of 100 sq. metres or less with an additional fee of Rupees 3.75 for every 50 sq. metres or fraction thereof in excess of 100 sq. metres.

(v) (a) For the grant or renewal of a temporary licence for an enclosure without any roof or superstructure within the Corporations, Townships and the Municipalities Rupees 7.50 permensem or Rupees 2 per day for an area of 100 sq. metres or less with an additional fee of Rupees 3.75 per mensem or Rupees 1 per day for every 50 sq. metres or fraction thereof in excess of 100 sq. metres.

(b) For the grant or renewal of a temporary licence for an enclosure without any roof or superstructure within a Panchayat area, Rupees 3.50 per mensem or Rupees 1 per day for an area of 100 sq. metres or less with an additional fee of Rupees 1.75 per mensem or 50 Paise per day for every 50 sq. metres or fraction thereof in excess of 100 sq. metres.

The fee for a temporary licence shall be leviable at three-fourth of the above rates where the building or enclosure is used only during day time without lights.

(vi) Notwithstanding anything contained in Clauses (ii), (iii) or (v) no fee shall be charged for the renewal of a temporary licence granted for a period not exceeding one week under Clause (a) of sub-rule (2) of Rule 26 provided that the total period of such licence including periods of renewal does not exceed one month at a time.

(vii) The licensing authority shall fix the licence fee under Clauses (i), (ii) and (iii) with the previous approval of the local authority concerned.

'''Explanation:'''- For the purpose of this rule, the area on which the fees shall be charged ShaII be—

(a) in the case of a permanent building the area of the main structure and other structure
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excluding the entrances, passages, stage, stair-cases and all spaces to which the public are not admitted, and

(b) in the case of a temporary building, the whole area of the enclosure after excluding
the open space actually provided under Rule 19 (a) or under the proviso thereto, as the case may be.

(viii) The licence granted or renewed under this Act shall not be transferred except with the previous permission of the licensing authority and for each such transfer there shall be charged a fee of five rupees.)

29. '''Fees not chargeable.'''- Notwithstanding anything contained in Rule 28 no fee shall be chargeable for a licence granted in respect of any building or enclosed place used for the following classes of entertainments namely:-

(a) entertainment, the proceeds of which are utilised for the purpose of philanthropic, religious or charitable purposes.

(b) entertainments which are of wholly educational character.

(c) entertainments which are provided for purposes which are partly educational, Cultural or scientific by institutions not conducted or established for profit.

(d) entertainments which are provided by institutions not conducted for profit and established solely for the purposes of promoting the public health or the interest of agriculture or of a manufacturing industry and consists solely of exhibitions of articles which are of material interest in connection with questions relating to public health or agriculture or of the product of the industry for promoting the interest of which the institutions exist or of the materials, machinery, appliances or foodstuff used in the production of those products.

(e) entertainments organised in aid of any National Fund, and

(f) any other class of entertainments which the Government may specify by general or special order.

30. '''Conditions on which licence may be granted'''.- (1) No licence shall be granted in respect of any building or enclosed place unless the provisions of Sub-rules (2) to (5) of this rule are complied with.

(2) Such building or place shall have at least two main exits of not less than 2.4 metres in height and 1.75 metres in width. Where these exits are enclosed by doors, the door shall be so made as to open outwards. Such exits shall be so arranged that they can be pushed open easily and at once from inside.

(3) When the area of such building or enclosed place exceeds 100 Sq. metres at least one additional special exit per 50 sq. metres of additional space shall be provided in the exterior walls of such building or place at suitable distances. Each of such special exits shall be not less than 2.4 metres in height and 1.75 metres in width. Such special exits may be closed whilst such building or place is being used as a place of public resort but the means adopted for using them in cases of emergency shall be specified in the licence.

(4) Each of such exits shall be indicated by a board with the word "EXIT" clearly painted upon it in English and in Malayalam in large and legible letters.

(5) Sufficient provision shall be made for preventing and extinguishing fire which may occur in or upon such building or place and such provision shall be specified in Column (9) of the licence. A supply of not less than 25 litres of water per 10 sq. metres of area in the case of a permanent building or enclosed place shall be provided and kept stored in buckets in readiness along with the walls of such building or place. In the case of temporary buildings, the supply of Water shall be not less than 50 litres per 10 sq. metres of area and shall be stored in buckets in readiness, one half within and the other half without the exterior walls of the building:

Provided that where any building or enclosed place by reason of its construction and disposition so requires, the licensing authority may grant for such building or place a licence with
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such modifications in regard to the storing of water and the disposal of the water stored, for combating fire, as may be deemed sufficient and suitable.

'''31. Form of licence.-''' Every licence granted under the Act shall be in the Form in Appendix Il.
'''
32. Time within which applications for licence to be made.-''' Any person requiring a licence shall apply to the licensing authority at least twentyone days prior to the date on which the entertainment is to take place and in the case of special temporary short term licences at least 10 days prior to such date.

'''33. Time within which application for renewal of licence to be presented.'''- An application for renewal of a licence under Section 9 of the Act shall be presented by the licensee within twenty-one days before the expiry of the licence and in case of special temporary short term licences at least seven days prior to the date of expiry of the licence.

'''34. Additional conditions for grant of licence.'''- Every licence granted under the Act shall be subject to the following additional conditions:-

(i) No fire or naked light shall, under any circumstance, be allowed inside the licensed premises.

(ii) All swinging lights shall be suspended by metal wires or rods.

(iii) No inflammable or explosive substance such as petroleum, kerosene oil, fire works, or gunpowder in excess of the quantity, required for one day's use shall be stored upon or within the licensed premises.

(iv) The main doors, enumerated in column (4) of the licence shall always be left unfastened and unobstructed whilst the public are using the licensed premises.

(v) No structural or material alteration shall be made in the licensed premises except with the written permission of the licensing authority.

(vi) No leper and no person suffering from an open sore or any loathsome, infectious or contagious disease shall be permitted inside the licensed premises. If such a person is found in any such premises, the licensee shall immediately report the fact to the nearest Health Officer, Health Inspector or other Officer not below the rank of a Health Assistant of the Health Services Department or to the licensing authority and the licensee shall at his own Cost take such steps as may be required by such officer or authority to disinfect the place and to prevent the further spread of the infection.

(vii) The licensed premises shall not be kept open after 2 a.m. without special permission from the licensing authority.

(viii) The licensing authority or any subordinate Officer duly authorised by the Licensing Authority, Officers of the State Government exercising control or supervision over the local authority, the Health Officer, the Health Inspector, the Health Assistant having jurisdiction over the area, and any Police Officer specially deputed to keep order during any entertainment in the licensed premises shall at all times have free access to the said premises to see whether the conditions of the licence are fulfilled.

(IX) The licensing authority may add such other conditions not inconsistent with these rules to the licence as he may deem desirable in the interest of health and safety of the public.

'''35. Printing of the conditions in the licence.'''- Section 9 of the Act and Rules 4 to 18, 20 to 25 and 34 shall be printed at the foot of the licence granted.

'''36. Crediting of fines, etc., to the local authority.'''- All fines, licence fee and cost of prosecutions, if any, realised by the Magistrate in accordance with the provisions in Section 16 of the Act shall be credited to Government in the first instance and shall be disbursed to the concerned local authorities prosecuting the case on the basis of the yearly statement furnished by the Registrar, High Court of Judicature, Government of Kerala.
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'''3. Preparation and submission of list of parks, play-fields and open spaces by executive authorities.'''- (1) The executive authority of every local authority shall, not later than six months from the date on which this Act comes into force in the area within the jurisdiction of the local authority, prepare and Submit for the approval of the local authority a correct and complete list with plans and maps of all the parks, play-fields and open spaces in such area.

(2) The list referred to in sub-section (1) shall be in such form and shall contain such particulars as may be prescribed.

(3) The local authority shall, as soon as may be after the receipt of the list and other documents referred to in sub-section (1), publish the list in the prescribed manner, and such publication shall state at what place and time the maps, plans and documents aforesaid will be available to the public for inspection.

'''4. Approval and publication of list by local authority and Government.-''' (1) Any person interested may Submit his objections and suggestions in Writing in respect of anything contained in, or relating to, the list referred to in section 3, to the local authority within three months of the date of publication of the list under sub-section (3) of that section.

(2) The local authority may, after Considering the objections and suggestions, if any, received under sub-section (1) and after making such further inquiry as it thinks fit, approve the list with or Without modifications.

(3) The approval of the local authority to the list under sub-section (2) shall be published in the prescribed manner and such publication shall contain the list and shall also state at what place and time the particulars relating to the matters mentioned in the list will be available to the public for inspection.

(4) Any person who has any objection to the list approved by the local authority may, within such time as may be prescribed, prefer an appeal to the Appellate Tribunal Constituted under section 271S of the Kerala Panchayat Raj Act, 1994.)

(5) On such appeal the “the Appellate Tribunal) shall call for the records of the case from the local authority and after giving the parties concerned an opportunity of being heard and if necessary, after making such further inquiry as they may deem fit revise the list with such modification as may be deemed necessary. “(6) The Appellate Tribunal shall cause the list as received under sub-section (5) to be published in the Gazette.) 5. Variation or revocation of list.- (1) The local authority concerned may, at any time, either suo motu or on the request of any person interested add to, vary or revoke a list published under section 4 after following the procedure in section 5). (2) Before making any such addition, variation or revocation, the local authority shall publish in the prescribed manner a draft of such addition, variation or revocation together with a notice specifying a date on or after which such draft will be taken into consideration, and shall consider any objection or suggestion which may be received in respect of such draft from 5x x) any person interested before the date so specified. (3) The local authority shall after considering the objections and Suggestions, if any, received within the period referred to in sub-section (2) publish the addition, variation or revocation in the prescribed manner, and the addition, variation or revocation shall take effect on such publication. “I(4) The Government shall have power to add to the list only after consulting the local authority): Provided that it shall not be necessary to consult the local authority in cases where such addition, variation or revocation is made at the instance of the local authority.
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'''6. Prohibition of the use of parks, play-fields and open spaces in certain cases.'''- No park, play-field or open space specified in the list published under section 4 shall, except with the previous sanction of the executive authority, be used for any purpose other than the purpose or purposes for which it was used prior to the date on which this Act was made applicable to the local authority Concerned if the use of such park, play-field or open space, is temporary for a period of less than one month or with the permission of the local authority concerned if such use is for a period of more than one month at a time:

Provided that no such sanction or permission shall be necessary in respect of any park, play-field or open Space belonging to the Government.

'''7. Maintenance of parks, play-fields and open spaces.'''- The local authority shall maintain in a clean and proper condition all parks, play-fields and open spaces belonging to or wested in it and included in the list published under section 4.

'''8. Prohibition of construction of buildings, etc.'''- No person shall except with the previous sanction of the Government, Construct any building or put up any structure likely to affect the utility of, or make any encroachment in or over, any park, play-field or open space specified in the list published under section 4.

'''9. Obligation of owners of parks and play-fields.-''' (1) In the case of a park or play-field not vested in a local authority but included in the list published under section 4 or varied under section 5, the executive authority may, by notice, require the owner or the person or authority in occupation of such park or play-field

(a) to maintain Such park or play-field in a clean and proper condition; or

(b) to remove or alter any projection or obstruction in or over any such park or play-field or to execute Such repairs to any building in such park or play-field as the executive authority may consider necessary, within a date specified in the notice.

(2) If the owner or the person or authority in occupation fails to Comply with the notice under sub-section (1), the executive authority shall himself arrange

(a) to maintain such park or play-field in a clean and proper condition; or

(b) to remove or alter the projection or obstruction; or

(c) to execute such repairs as he may consider necessary and the cost of such maintenance, removal, alteration or repairs shall be recoverable from the owner or the person or authority in occupation, in Such manner as may be prescribed.

(3) Any dispute as to the amount of the cost recoverable under sub-section (2) shall be decided by the Government and their decision shall be final.

(4) The executive authority may, instead of or in addition to taking action as indicated in sub-section (2), proceed to acquire the land under the Kerala Land Acquisition Act, 1961 (21 of 1962), for the purpose of the effective management of the land as a park or play-field.

(5) Any owner or any person or authority in occupation of a play-field desiring to convert the play-field to any use other than as a play-field may give notice to the person or authority managing the affairs of any educational institution or other duly constituted public body which uses the playfield Or to the local authority within Whose jurisdiction the play-field is situated to purchase his or its rights in the play-field and if Such person, authority, public body or local authority does not agree to purchase his or its rights, he or it may after the expiry of a reasonable period which shall be not less than six months after the date of the notice, put it to such use as he or it desires.

'''10. Submission of annual return.-''' (1) The executive authority shall submit to the Government in such form and containing such particulars as may be prescribed, an annual return in respect of the parks, play-fields and open spaces which are situated within the limits of the local authority Concerned and which are specified in the list published under section 4.

(2) The return referred to in sub-section (1) shall also contain a list of the parks or play-fields in respect of Which action Was taken under Sub-section (2) of section 9 together with particulars as
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regards the nature of the action taken in respect of them and the steps taken in regard to their proper maintenance.

'''11. Removal of unauthorised persons.-''' If any person enters and remains in any park, play-field or open space belonging to or vested in the Governmentor a local authority in contravention of any rules prescribed in this behalf by the local authority, he may, without prejudice to any other proceedings that may be taken against him, be removed from such park, play-field or open space by any police officer or any other person acting on behalf of the local authority or the executive authority.

'''12. Penalties.'''-Whoeverthrows any rubbish into any park, play-field or open space specified in the list published under section 4 or gets over the railings or fence of any such park, play-field or open space or steals or damages the fruits, plants, grass or any other thing whatsoever therein or commits any nuisance therein shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees.

'''13. Role of Government.-' (1) If the Government are satisfied after giving the executive authority an opportunity of explanation, that the executive authority of the local authority has failed to enforce effectively the provisions of this Act or to execute any work which under this Act the executive authority is required to execute, the Government may order the local authority to do all things necessary for enforcing the provisions of this Act effectively or for executing any work which under this Act the executive authority is required to execute.

(2) For the purposes of this section, the Government shall have the same powers of calling for records, of causing inspection to be made and of enforcing their orders by appointing persons to enforce them, as they have under sections 188 and 194 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) or sections 56 and 61 of the Kerala Municipality Act, 1994 (20 of 1994).

'''14. Power to make rules.-''' (1) The Government may, by notification in the Gazette, make rules for the purpose of carrying out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for

(a) controlling or, regulating the admission of persons to, and the conduct of persons in, and in the vicinity of,
parks, play-fields and open spaces;

b) restricting or prohibiting the admission of animals or any class of animals to any
park, play-field or open space;

(c) the procedure to be followed under sub-section (5) of section 9;

(d) the time within which the annual return under section 10 shall be submitted to the Government;

(e) removing from any park, play-field or open space any person who is therein in
contravention of any order or direction of the executive authority or any person authorised under section 11;

(f) any other matter which has to be, or may be, prescribed under this Act.

(3) Every rule made, every notification issued and every list of parks, play-fields and open spaces published under this
Act shall be laid as soon as may be after it is made, issued or published 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, notification or list or decides that the rule, notification or list should not be made, issued or
published,the rule, notification or list 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, notification or list.
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'''
FORM NO. IX

(See Rule 43)

Certificate of Exemption From Entertainments Tax'''

The proprietor having paid to the Local Authority the prescribed fee of rupees five, this is to certify that the entertainment specified below is permitted to be given free of entertainments tax provided that the whole of the takings is devoted to philanthropic, religious or charitable purposes as specified below.

Description

Date

Place

Purpose for which the proceeds are to be utilised.

This certificate is issued subject to the following conditions:-

(1) The whole of the takings of the entertainment without any deduction for expenses must be paid over to ....................................................

(2) A full and true account of the entire takings shall be furnished by the proprietor to the institution or person specified in condition (1) along with the gross proceeds and an acknowledgment from the institution or person to that effect shall be filed before the officer issuing certificate within One month after the date of entertainment.

(3) The proprietor shall maintain proper accounts and shall submit to the officer issuing the certificate such returns as prescribed by him.

(4) The proprietor will be liable for the payment of the proper entertainments tax if the officer issuing the certificate is not satisfied that the whole of the taking is devoted to philanthropic, religious or charitable purposes as specified above, without any deduction for expenses.

(5) This certificate must not be used for any entertainment other than that specified above and it must be exhibited in a prominent position at the public entrance to the place of entertainment at the time the public are admitted and during the entertainment. No correction or erasure of any kind may be made in the certificate except under the initials of the officer issuing the certificates.

(6) If the entertainment is not given on the date and at the place specified above the proprietor must give notice in writing to that effect to the officer issuing the certificate within one week after the date fixed for holding it.

(7) The deposit of Rupees........................................ made by the proprietor (name).........................as security for devoting the entire gross proceeds for the purposes for which the entertainment is intended will be returned on production of satisfactory proof that they have been so appropriated.

(Signature of the officer issuing the certificate)
Designation

FORM No. X See Rule 43) Provisional Certificate for exemption from Entertainments Tax
The proprietor having paid to the Local Authority the prescribed fee of Rupees 5, this is to certify that the entertainment more particularly specified below, having been reported by the proprietor to be one.
(a) of a wholly educational character;
(b) provided for purposes which are partly educational, cultural or scientific by an institution not conducted or established for profit;
(c) provided by an institution not conducted for profit and falling within the scope of Section 7 (1) of the Kerala Local Authorities Entertainments Tax Act, 1961.
(Strike out such of the items as are not applicable) is provisionally exempted from the levy
of entertainments tax
6. Substituted by Notification No. 33999/M1 dt. 30-5-1962.

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Proprietor is permitted to pay the entertainments tax due on the above entertainments on the basis of the returns recorded by the mechanical contrivance installed at the place of entertainments.

(1) This permission may be revoked at any time without reason being assigned and no compensation shall be payable by..................... on account of any loss caused to the proprietor by reason of Such revocation.

(2) It is subject to the observance of the provisions of the Kerala Local Authorities Entertainments Tax Act, 1961, the rules and bye-laws framed thereunder, the conditions of this permit and such other conditions as may from time to time be specified.

(3) A correct and complete account shall be maintained in Form No.VIII appended to the Kerala Local Authorities Entertainments Tax Rules, 1962 and shall show the number of persons admitted to each class, the amount received and the total of the entertainment tax due thereon. This account shall be shownto the inspecting officers with other Connected records when demanded for verification. Full facilities shall be given to the inspecting officers to check the Correctness of the records by continuing the number of spectators or the audience during any performance covered by this permit.

(4) A return in Form No. VIII appended to the Kerala Local Authorities Entertainments Tax Rules, 1962 showing the payments for admission made in respect of all performances in a week from Monday to Sunday (both inclusive)
(each day)

shall be sent so as to reach the office of the undersigned on the Tuesday immediately following (next Working day)

at the latest. The amount of tax due shall be remitted along with the return. The number of persons admitted on free passes or at Concession rates shall invariably be noted in the returns separately for each performance.

<div style="text-align: right; direction: ltr; margin-left: 1em;"> (Signature of the Officer)</div>
<div style="text-align: right; direction: ltr; margin-left: 1em;">Designation </div>

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''FORM No. VII A''' </div>

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''See Rule 40 A''' </div>

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">Permit for the payment of the Tax, cess and service charge on </div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">admission to cinema through e-Ticket</div>

Proprietor is permitted to pay the entertainment tax, cess and service charge in advance for the required number of e-Tickets.

(1) This permission may be revoked at any time without reason being assigned and no compensation shall be payable by............. on account of any loss caused to the proprietor by reason of such revocation.

(2) It is subject to the observance of the provisions of the Kerala Local Authorities Entertainments Tax Act, 1961 the rules and bye-laws framed thereunder, the conditions of this permit and such other conditions as may from time to time be specified.

(3) A correct and complete account shall be maintained in Form No. VIII A appended to the Kerala Local Authorities Entertainment Tax Rules, 1962 and shall show the under of e-Tickets generated, amount of Tax, cess and service charge collected and remitted and the balance if any. This account shall be shownto the inspecting officers with other connected records when demanded for verification. Full facilities shall be given to the inspecting officers to check the correctness of the records by counting the number of spectators or the audience during any performance covered by this permit.

(4) A return in Form No. VIII A appended to the Kerala Local Authorities Entertainments Tax Rules, 1962 showing the number of e-tickets generated, amount of tax, cess and service charge
{{Create}}

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2019-01-24T09:20:03Z

Bibinvb:

Proprietor is permitted to pay the entertainments tax due on the above entertainments on the basis of the returns recorded by the mechanical contrivance installed at the place of entertainments.

(1) This permission may be revoked at any time without reason being assigned and no compensation shall be payable by..................... on account of any loss caused to the proprietor by reason of Such revocation.

(2) It is subject to the observance of the provisions of the Kerala Local Authorities Entertainments Tax Act, 1961, the rules and bye-laws framed thereunder, the conditions of this permit and such other conditions as may from time to time be specified.

(3) A correct and complete account shall be maintained in Form No.VIII appended to the Kerala Local Authorities Entertainments Tax Rules, 1962 and shall show the number of persons admitted to each class, the amount received and the total of the entertainment tax due thereon. This account shall be shownto the inspecting officers with other Connected records when demanded for verification. Full facilities shall be given to the inspecting officers to check the Correctness of the records by continuing the number of spectators or the audience during any performance covered by this permit.

(4) A return in Form No. VIII appended to the Kerala Local Authorities Entertainments Tax Rules, 1962 showing the payments for admission made in respect of all performances in a week from Monday to Sunday (both inclusive)
(each day)

shall be sent so as to reach the office of the undersigned on the Tuesday immediately following (next Working day)

at the latest. The amount of tax due shall be remitted along with the return. The number of persons admitted on free passes or at Concession rates shall invariably be noted in the returns separately for each performance.

<div style="text-align: right; direction: ltr; margin-left: 1em;"> (Signature of the Officer)</div>
<div style="text-align: right; direction: ltr; margin-left: 1em;">Designation </div>

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''FORM No. VII A''' </div>

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''See Rule 40 A''' </div>

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''Permit for the payment of the Tax, cess and service charge on''' </div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''admission to cinema through e-Ticket'''</div>

Proprietor is permitted to pay the entertainment tax, cess and service charge in advance for the required number of e-Tickets.

(1) This permission may be revoked at any time without reason being assigned and no compensation shall be payable by............. on account of any loss caused to the proprietor by reason of such revocation.

(2) It is subject to the observance of the provisions of the Kerala Local Authorities Entertainments Tax Act, 1961 the rules and bye-laws framed thereunder, the conditions of this permit and such other conditions as may from time to time be specified.

(3) A correct and complete account shall be maintained in Form No. VIII A appended to the Kerala Local Authorities Entertainment Tax Rules, 1962 and shall show the under of e-Tickets generated, amount of Tax, cess and service charge collected and remitted and the balance if any. This account shall be shownto the inspecting officers with other connected records when demanded for verification. Full facilities shall be given to the inspecting officers to check the correctness of the records by counting the number of spectators or the audience during any performance covered by this permit.

(4) A return in Form No. VIII A appended to the Kerala Local Authorities Entertainments Tax Rules, 1962 showing the number of e-tickets generated, amount of tax, cess and service charge
{{Create}}

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2019-01-24T09:19:03Z

Bibinvb:

Panchayat:Repo18/vol2-page0268

2019-01-24T09:17:02Z

Bibinvb:

Proprietor is permitted to pay the entertainments tax due on the above entertainments on the basis of the returns recorded by the mechanical contrivance installed at the place of entertainments.

(1) This permission may be revoked at any time without reason being assigned and no compensation shall be payable by..................... on account of any loss caused to the proprietor by reason of Such revocation.

(2) It is subject to the observance of the provisions of the Kerala Local Authorities Entertainments Tax Act, 1961, the rules and bye-laws framed thereunder, the conditions of this permit and such other conditions as may from time to time be specified.

(3) A correct and complete account shall be maintained in Form No.VIII appended to the Kerala Local Authorities Entertainments Tax Rules, 1962 and shall show the number of persons admitted to each class, the amount received and the total of the entertainment tax due thereon. This account shall be shownto the inspecting officers with other Connected records when demanded for verification. Full facilities shall be given to the inspecting officers to check the Correctness of the records by continuing the number of spectators or the audience during any performance covered by this permit.

(4) A return in Form No. VIII appended to the Kerala Local Authorities Entertainments Tax Rules, 1962 showing the payments for admission made in respect of all performances in a week from Monday to Sunday (both inclusive)
(each day)

shall be sent so as to reach the office of the undersigned on the Tuesday immediately following (next Working day)

at the latest. The amount of tax due shall be remitted along with the return. The number of persons admitted on free passes or at Concession rates shall invariably be noted in the returns separately for each performance.

<div style="text-align: right; direction: ltr; margin-left: 1em;"> (Signature of the Officer)</div>
<div style="text-align: right; direction: ltr; margin-left: 1em;">Designation </div>

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''FORM No. VII A''' </div>

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''See Rule 40 A''' </div>
'''
Permit for the payment of the Tax, cess and service charge on admission to cinema through e-Ticket'''

Proprietor is permitted to pay the entertainment tax, cess and service charge in advance for the required number of e-Tickets.

(1) This permission may be revoked at any time without reason being assigned and no compensation shall be payable by............. on account of any loss caused to the proprietor by reason of such revocation.

(2) It is subject to the observance of the provisions of the Kerala Local Authorities Entertainments Tax Act, 1961 the rules and bye-laws framed thereunder, the conditions of this permit and such other conditions as may from time to time be specified.

(3) A correct and complete account shall be maintained in Form No. VIII A appended to the Kerala Local Authorities Entertainment Tax Rules, 1962 and shall show the under of e-Tickets generated, amount of Tax, cess and service charge collected and remitted and the balance if any. This account shall be shownto the inspecting officers with other connected records when demanded for verification. Full facilities shall be given to the inspecting officers to check the correctness of the records by counting the number of spectators or the audience during any performance covered by this permit.

(4) A return in Form No. VIII A appended to the Kerala Local Authorities Entertainments Tax Rules, 1962 showing the number of e-tickets generated, amount of tax, cess and service charge
{{Create}}

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2019-01-24T09:16:00Z

Bibinvb:

Proprietor is permitted to pay the entertainments tax due on the above entertainments on the basis of the returns recorded by the mechanical contrivance installed at the place of entertainments.

(1) This permission may be revoked at any time without reason being assigned and no compensation shall be payable by..................... on account of any loss caused to the proprietor by reason of Such revocation.

(2) It is subject to the observance of the provisions of the Kerala Local Authorities Entertainments Tax Act, 1961, the rules and bye-laws framed thereunder, the conditions of this permit and such other conditions as may from time to time be specified.

(3) A correct and complete account shall be maintained in Form No.VIII appended to the Kerala Local Authorities Entertainments Tax Rules, 1962 and shall show the number of persons admitted to each class, the amount received and the total of the entertainment tax due thereon. This account shall be shownto the inspecting officers with other Connected records when demanded for verification. Full facilities shall be given to the inspecting officers to check the Correctness of the records by continuing the number of spectators or the audience during any performance covered by this permit.

(4) A return in Form No. VIII appended to the Kerala Local Authorities Entertainments Tax Rules, 1962 showing the payments for admission made in respect of all performances in a week from Monday to Sunday (both inclusive)
(each day)

shall be sent so as to reach the office of the undersigned on the Tuesday immediately following (next Working day)

at the latest. The amount of tax due shall be remitted along with the return. The number of persons admitted on free passes or at Concession rates shall invariably be noted in the returns separately for each performance.

<div style="text-align: right; direction: ltr; margin-left: 1em;"> (Signature of the Officer)</div>
<div style="text-align: right; direction: ltr; margin-left: 1em;">Designation </div>

'''FORM No. VII A'''

'''See Rule 40 A'''
'''
Permit for the payment of the Tax, cess and service charge on admission to cinema through e-Ticket'''

Proprietor is permitted to pay the entertainment tax, cess and service charge in advance for the required number of e-Tickets.

(1) This permission may be revoked at any time without reason being assigned and no compensation shall be payable by............. on account of any loss caused to the proprietor by reason of such revocation.

(2) It is subject to the observance of the provisions of the Kerala Local Authorities Entertainments Tax Act, 1961 the rules and bye-laws framed thereunder, the conditions of this permit and such other conditions as may from time to time be specified.

(3) A correct and complete account shall be maintained in Form No. VIII A appended to the Kerala Local Authorities Entertainment Tax Rules, 1962 and shall show the under of e-Tickets generated, amount of Tax, cess and service charge collected and remitted and the balance if any. This account shall be shownto the inspecting officers with other connected records when demanded for verification. Full facilities shall be given to the inspecting officers to check the correctness of the records by counting the number of spectators or the audience during any performance covered by this permit.

(4) A return in Form No. VIII A appended to the Kerala Local Authorities Entertainments Tax Rules, 1962 showing the number of e-tickets generated, amount of tax, cess and service charge
{{Create}}

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Bibinvb:

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''CHAPTER XVII''' </div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''SOLAR ASSISTED WATER HEATING/LIGHTING SYSTEM'''</div>
103. Solar assisted water heating/lighting system in buildings.- (1) Either solar assisted water heating system or solar assisted lighting system shall be provided for buildings exceeding 500 sq.metre of plinth area under the following occupancy groups/categories, namely:
(i) Group A1 -Apartment Houses or Residential Flats
(ii) Group A2- Lodging Houses
(iii) Group C-Medical or Hospital Buildings
(iv) Group D - Community Halls, Auditoriums, Wedding Halls
95[Provided that, there shall be provision for solar water heater system in the case of single family residential building having built-up
area for more than 400 sq.metres]
(2) Such buildings shall have open area on the rooftop, which receives direct sunlight, where the solar water heating system can be installed. There shall be provisions for continuous water supply to the solar water heating system and for distribution of hot water from the solar water heating system to various distribution points where hot water is required through insulated pipe lines.

(3) The water storage capacity requirement of the solar water heating system shall be decided on each case by the registered Architect/Engineer/Town Planner/Building Designer/ Supervisor as the case may be.

(4) The Secretary shall, before issuing occupancy certificate, ensure that all new buildings mentioned in sub-rule (1) have completed installation of solar assisted water heating system / solar assisted lighting system.

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''CHAPTER XVIII'''</div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''SPECIAL PROVISIONS FOR PERSONS WITH DISABILITIES'''</div>

104. Facilities for Persons with Disabilities.- All buildings under occupancy groups A2, B, C, D, E and F which have access to the public and all Apartment buildings/residential flats under occupancy group A1 shall be provided with the following facilities for the persons with disabilities:
(1) Every such building shall have easy access to the main entrance through a ramp.
[(1a) Every part of a building within a floor shall be accessible by a wheel chair and in case of level difference between parts they shall
be connected by ramp/slop ways with minimum specification as above).
(2) Every public building exceeding 1000 sq.metres and residential flats exceeding 2500 sq.metres built up area shall have lift or separate
approach through a ramp (intended for persons with disabilities) to each floorProvided that the entrance door width for each lift shall
not be less than 90 centimetres.
(3) The maximum gradient of any ramp approach intended for the persons with disabilities shall not exceed 1 in 12 and shall be finished
with no slippery material. The minimum width of ramp shall be 120 centimetres and provided with hand rail of 80 centimetres height.
The slope of all such ramps shall be constant within a building

Panchayat talk:Repo18/Law Manual Page0815

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Bibinvb:

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''CHAPTER XVII''' </div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''SOLAR ASSISTED WATER HEATING/LIGHTING SYSTEM'''</div>
103. Solar assisted water heating/lighting system in buildings.- (1) Either solar assisted water heating system or solar assisted lighting system shall be provided for buildings exceeding 500 sq.metre of plinth area under the following occupancy groups/categories, namely:
(i) Group A1 -Apartment Houses or Residential Flats
(ii) Group A2- Lodging Houses
(iii) Group C-Medical or Hospital Buildings
(iv) Group D - Community Halls, Auditoriums, Wedding Halls
95[Provided that, there shall be provision for solar water heater system in the case of single family residential building having built-up
area for more than 400 sq.metres]
(2) Such buildings shall have open area on the rooftop, which receives direct sunlight, where the solar water heating system can be installed. There shall be provisions for continuous water supply to the solar water heating system and for distribution of hot water from the solar water heating system to various distribution points where hot water is required through insulated pipe lines.

(3) The water storage capacity requirement of the solar water heating system shall be decided on each case by the registered Architect/Engineer/Town Planner/Building Designer/ Supervisor as the case may be.

(4) The Secretary shall, before issuing occupancy certificate, ensure that all new buildings mentioned in sub-rule (1) have completed installation of solar assisted water heating system / solar assisted lighting system.

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''CHAPTER XVIII'''</div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''SPECIAL PROVISIONS FOR PERSONS WITH DISABILITIES'''</div>

104. Facilities for Persons with Disabilities.- All buildings under occupancy groups A2, B, C, D, E and F which have access to the public and all Apartment buildings/residential flats under occupancy group A1 shall be provided with the following facilities for the persons with disabilities:
(1) Every such building shall have easy access to the main entrance through a ramp.
[(1a) Every part of a building within a floor shall be accessible by a wheel chair and in case of level difference between parts they shall be connected by ramp/slop ways with minimum specification as above).
(2) Every public building exceeding 1000 sq.metres and residential flats exceeding 2500 sq.metres built up area shall have lift or separate approach through a ramp (intended for persons with disabilities) to each floor:
Provided that the entrance door width for each lift shall not be less than 90 centimetres.
(3) The maximum gradient of any ramp approach intended for the persons with disabilities shall not exceed 1 in 12 and shall be finished with no slippery material. The minimum width of ramp shall be 120 centimetres and provided with hand rail of 80 centimetres height. The slope of all such ramps shall be constant within a building
K
ORS
D
E

95. Proviso added by S.R.O. No. 26/2014, w.e.f. 13-1-2014. 1. Sub-rule (1a) inserted by S.R.O. No. 26/2014, w.e.f. 13-1-2014.
R
o
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Bibinvb:

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''CHAPTER XVII''' </div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''SOLAR ASSISTED WATER HEATING/LIGHTING SYSTEM'''</div>
103. Solar assisted water heating/lighting system in buildings.- (1) Either solar assisted water heating system or solar assisted lighting system shall be provided for buildings exceeding 500 sq.metre of plinth area under the following occupancy groups/categories, namely:
(i) Group A1 -Apartment Houses or Residential Flats
(ii) Group A2- Lodging Houses
(iii) Group C-Medical or Hospital Buildings
(iv) Group D - Community Halls, Auditoriums, Wedding Halls
95[Provided that, there shall be provision for solar water heater system in the case of single family residential building having built-up
area for more than 400 sq.metres]
(2) Such buildings shall have open area on the rooftop, which receives direct sunlight, where the solar water heating system can be installed. There shall be provisions for continuous water supply to the solar water heating system and for distribution of hot water from the solar water heating system to various distribution points where hot water is required through insulated pipe lines.

(3) The water storage capacity requirement of the solar water heating system shall be decided on each case by the registered Architect/Engineer/Town Planner/Building Designer/ Supervisor as the case may be.

(4) The Secretary shall, before issuing occupancy certificate, ensure that all new buildings mentioned in sub-rule (1) have completed installation of solar assisted water heating system / solar assisted lighting system.

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">CHAPTER XVIII</div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">SPECIAL PROVISIONS FOR PERSONS WITH DISABILITIES</div>
104. Facilities for Persons with Disabilities.- All buildings under occupancy groups A2, B, C, D, E and F which have access to the public and all Apartment buildings/residential flats under occupancy group A1 shall be provided with the following facilities for the persons with disabilities:
(1) Every such building shall have easy access to the main entrance through a ramp.
[(1a) Every part of a building within a floor shall be accessible by a wheel chair and in case of level difference between parts they shall be connected by ramp/slop ways with minimum specification as above).
(2) Every public building exceeding 1000 sq.metres and residential flats exceeding 2500 sq.metres built up area shall have lift or separate approach through a ramp (intended for persons with disabilities) to each floor:
Provided that the entrance door width for each lift shall not be less than 90 centimetres.
(3) The maximum gradient of any ramp approach intended for the persons with disabilities shall not exceed 1 in 12 and shall be finished with no slippery material. The minimum width of ramp shall be 120 centimetres and provided with hand rail of 80 centimetres height. The slope of all such ramps shall be constant within a building
K
ORS
D
E

95. Proviso added by S.R.O. No. 26/2014, w.e.f. 13-1-2014. 1. Sub-rule (1a) inserted by S.R.O. No. 26/2014, w.e.f. 13-1-2014.
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Bibinvb: '<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''CHAPTER XVII''' </div> <div class="cent...' താൾ സൃഷ്ടിച്ചിരിക്കുന്നു

<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''CHAPTER XVII''' </div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''SOLAR ASSISTED WATER HEATING/LIGHTING SYSTEM'''</div>
103. Solar assisted water heating/lighting system in buildings.- (1) Either solar assisted water heating system or solar assisted lighting system shall be provided for buildings exceeding 500 sq.metre of plinth area under the following occupancy groups/categories, namely:
(i) Group A1 -Apartment Houses or Residential Flats
(ii) Group A2- Lodging Houses
(iii) Group C-Medical or Hospital Buildings
(iv) Group D - Community Halls, Auditoriums, Wedding Halls
95[Provided that, there shall be provision for solar water heater system in the case of single family residential building having built-up area for more than 400 sq.metres]
(2) Such buildings shall have open area on the rooftop, which receives direct sunlight, where the solar water heating system can be installed. There shall be provisions for continuous water supply to the solar water heating system and for distribution of hot water from the solar water heating system to various distribution points where hot water is required through insulated pipe lines.
(3) The water storage capacity requirement of the solar water heating system shall be decided on each case by the registered Architect/Engineer/Town Planner/Building Designer/ Supervisor as the case may be.
(4) The Secretary shall, before issuing occupancy certificate, ensure that all new buildings mentioned in sub-rule (1) have completed installation of solar assisted water heating system / solar assisted lighting system.
CHAPTER XVIII SPECIAL PROVISIONS FOR PERSONS WITH DISABILITIES
104. Facilities for Persons with Disabilities.- All buildings under occupancy groups A2, B, C, D, E and F which have access to the public and all Apartment buildings/residential flats under occupancy group A1 shall be provided with the following facilities for the persons with disabilities:
(1) Every such building shall have easy access to the main entrance through a ramp.
[(1a) Every part of a building within a floor shall be accessible by a wheel chair and in case of level difference between parts they shall be connected by ramp/slop ways with minimum specification as above).
(2) Every public building exceeding 1000 sq.metres and residential flats exceeding 2500 sq.metres built up area shall have lift or separate approach through a ramp (intended for persons with disabilities) to each floor:
Provided that the entrance door width for each lift shall not be less than 90 centimetres.
(3) The maximum gradient of any ramp approach intended for the persons with disabilities shall not exceed 1 in 12 and shall be finished with no slippery material. The minimum width of ramp shall be 120 centimetres and provided with hand rail of 80 centimetres height. The slope of all such ramps shall be constant within a building
K
ORS
D
E

95. Proviso added by S.R.O. No. 26/2014, w.e.f. 13-1-2014. 1. Sub-rule (1a) inserted by S.R.O. No. 26/2014, w.e.f. 13-1-2014.
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Bibinvb:

'''Sec. 14 THE KERALA PARKS, PLAY-FIELDS AND OPEN ... ACT, 1968 305'''

regards the nature of the action taken in respect of them and the steps taken in regard to their proper maintenance.

'''11. Removal of unauthorised persons.-''' If any person enters and remains in any park, play-field or open space belonging to or vested in the Governmentor a local authority in contravention of any rules prescribed in this behalf by the local authority, he may, without prejudice to any other proceedings that may be taken against him, be removed from such park, play-field or open space by any police officer or any other person acting on behalf of the local authority or the executive authority.

'''12. Penalties.'''-Whoeverthrows any rubbish into any park, play-field or open space specified in the list published under section 4 or gets over the railings or fence of any such park, play-field or open space or steals or damages the fruits, plants, grass or any other thing whatsoever therein or commits any nuisance therein shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees.

'''13. Role of Government.-' (1) If the Government are satisfied after giving the executive authority an opportunity of explanation, that the executive authority of the local authority has failed to enforce effectively the provisions of this Act or to execute any work which under this Act the executive authority is required to execute, the Government may order the local authority to do all things necessary for enforcing the provisions of this Act effectively or for executing any work which under this Act the executive authority is required to execute.

(2) For the purposes of this section, the Government shall have the same powers of calling for records, of causing inspection to be made and of enforcing their orders by appointing persons to enforce them, as they have under sections 188 and 194 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) or sections 56 and 61 of the Kerala Municipality Act, 1994 (20 of 1994).

'''14. Power to make rules.-''' (1) The Government may, by notification in the Gazette, make rules for the purpose of carrying out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for

(a) controlling or, regulating the admission of persons to, and the conduct of persons in, and in the vicinity of,
parks, play-fields and open spaces;

b) restricting or prohibiting the admission of animals or any class of animals to any
park, play-field or open space;

(c) the procedure to be followed under sub-section (5) of section 9;

(d) the time within which the annual return under section 10 shall be submitted to the Government;

(e) removing from any park, play-field or open space any person who is therein in
contravention of any order or direction of the executive authority or any person authorised under section 11;

(f) any other matter which has to be, or may be, prescribed under this Act.

(3) Every rule made, every notification issued and every list of parks, play-fields and open spaces published under this
Act shall be laid as soon as may be after it is made, issued or published 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, notification or list or decides that the rule, notification or list should not be made, issued or
published,the rule, notification or list 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, notification or list.
{{Create}}

Panchayat:Repo18/vol2-page0305

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Bibinvb:

'''Sec. 14 THE KERALA PARKS, PLAY-FIELDS AND OPEN ... ACT, 1968 305'''

regards the nature of the action taken in respect of them and the steps taken in regard to their proper maintenance.

'''11. Removal of unauthorised persons.-''' If any person enters and remains in any park, play-field or open space belonging to or vested in the Governmentor a local authority in contravention of any rules prescribed in this behalf by the local authority, he may, without prejudice to any other proceedings that may be taken against him, be removed from such park, play-field or open space by any police officer or any other person acting on behalf of the local authority or the executive authority.

'''12. Penalties.'''-Whoeverthrows any rubbish into any park, play-field or open space specified in the list published under section 4 or gets over the railings or fence of any such park, play-field or open space or steals or damages the fruits, plants, grass or any other thing whatsoever therein or commits any nuisance therein shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees.

'''13. Role of Government.-' (1) If the Government are satisfied after giving the executive authority an opportunity of explanation, that the executive authority of the local authority has failed to enforce effectively the provisions of this Act or to execute any work which under this Act the executive authority is required to execute, the Government may order the local authority to do all things necessary for enforcing the provisions of this Act effectively or for executing any work which under this Act the executive authority is required to execute.

(2) For the purposes of this section, the Government shall have the same powers of calling for records, of causing inspection to be made and of enforcing their orders by appointing persons to enforce them, as they have under sections 188 and 194 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) or sections 56 and 61 of the Kerala Municipality Act, 1994 (20 of 1994).

'''14. Power to make rules.-''' (1) The Government may, by notification in the Gazette, make rules for the purpose of carrying out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for

(a) controlling or, regulating the admission of persons to, and the conduct of persons in, and in the vicinity of,
parks, play-fields and open spaces;

b) restricting or prohibiting the admission of animals or any class of animals to any
park, play-field or open space;

(c) the procedure to be followed under sub-section (5) of section 9;

(d) the time within which the annual return under section 10 shall be submitted to the Government;

(e) removing from any park, play-field or open space any person who is therein in
contravention of any order or direction of the executive authority or any person authorised under section 11;

(f) any other matter which has to be, or may be, prescribed under this Act.

(3) Every rule made, every notification issued and every list of parks, play-fields and open spaces published under this
Act shall be laid as soon as may be after it is made, issued or published 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, notification or list or decides that the rule, notification or list should not be made, issued or published,
the rule, notification or list 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, notification or list.
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Panchayat:Repo18/vol2-page0269

2019-01-24T06:05:16Z

Bibinvb:

collected and remitted in respect of all performances in a calendar month along with DCR of each show shall be send so as to reach the office the undersigned on the immediately following working day.

(5) The balance amount of tax, cess and service charge due shall be remitted along with the return. The number of persons admitted on free passes or at concession rates hall invariably be noted returns separately for each performance.

<div style="text-align: right; direction: ltr; margin-left: 1em;">(Signature of Officers)</div>
<div style="text-align: right; direction: ltr; margin-left: 1em;">Designation.] </div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''FORM No. VIII'''</div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">(See Rule 36) </div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''Register of Number of Persons Admitted by Mechanical contrivance''' </div>
Entertainment <div style="text-align: right; direction: ltr; margin-left: 1em;">Place of Entertainment</div>
<div style="text-align: right; direction: ltr; margin-left: 1em;">Date</div>
----
Price of Number of persons Number of persons Gross receipts Amount Remarks
admission admitted on payment admitted on free passes of tax collected
-----
1 2 3 4 5 6
----
Rs. Ps. Rs. Ps
----
TOTAL
----
<div style="text-align: right; direction: ltr; margin-left: 1em;">Signature of Proprietor</div>
<div style="text-align: right; direction: ltr; margin-left: 1em;">Designation</div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;"> '''5B[FORM NO. VII A'''</div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">[See Rule 40E]</div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''Register of Number of Persons Admitted by e-Tickets'''</div>
<div style="text-align: right; direction: ltr; margin-left: 1em;">Place of Entertainment. </div>
<div style="text-align: right; direction: ltr; margin-left: 1em;">(Name of Theatre).</div>
<div style="text-align: right; direction: ltr; margin-left: 1em;">Date....</div>
----
''Price of '' Number of Persons Number of person Total Amount Amount of Amount of Balance Amount of service Amount of service
charge remitted
Admission admitted on Payment (e-Ticket) admitted on free passes (in 3) Tax collected Tax remitted if any charge Collected

Balance if any
Amount of cess collected
Amount of cess remitted
Balance if any
----
1 2 3 4 5 6 7 8 9 10 11 12 13
----
Total
----
(Signature of Proprietor)

Designation]

Panchayat:Repo18/vol2-page0269

2019-01-24T05:37:45Z

Bibinvb:

collected and remitted in respect of all performances in a calendar month along with DCR of each show shall be send so as to reach the office the undersigned on the immediately following working day.

(5) The balance amount of tax, cess and service charge due shall be remitted along with the return. The number of persons admitted on free passes or at concession rates hall invariably be noted returns separately for each performance.

<div style="text-align: right; direction: ltr; margin-left: 1em;">(Signature of Officers)</div>
<div style="text-align: right; direction: ltr; margin-left: 1em;">Designation.] </div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''FORM No. VIII'''</div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">(See Rule 36) </div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''Register of Number of Persons Admitted by Mechanical contrivance''' </div>
Entertainment <div style="text-align: right; direction: ltr; margin-left: 1em;">Place of Entertainment</div>
<div style="text-align: right; direction: ltr; margin-left: 1em;">Date</div>
----
Price of Number of persons Number of persons Gross receipts Amount Remarks
admission admitted on payment admitted on free passes of tax collected
-----
1 2 3 4 5 6
----
Rs. Ps. Rs. Ps
----
TOTAL
----
<div style="text-align: right; direction: ltr; margin-left: 1em;">Signature of Proprietor</div>
<div style="text-align: right; direction: ltr; margin-left: 1em;">Designation</div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;"> '''5B[FORM NO. VII A'''</div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">[See Rule 40E]</div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''Register of Number of Persons Admitted by e-Tickets'''</div>
<div style="text-align: right; direction: ltr; margin-left: 1em;">Place of Entertainment. </div>
<div style="text-align: right; direction: ltr; margin-left: 1em;">(Name of Theatre).</div>
<div style="text-align: right; direction: ltr; margin-left: 1em;">Date....</div>
----
''Price of '' Number of Persons Number of person Total Amount Amount of Amount of Balance Amount of service Amount of service
charge remitted
Admission admitted on Payment (e-Ticket) admitted on free passes (in 3) Tax collected Tax remitted if any charge Collected

Balance if any
Amount of cess collected
Amount of cess remitted
Balance if any
----
| 4 | 5 | 6
v
A
7
8
9
10
11
12 13
----
Total
----
(Signature of Proprietor)

Designation]

Panchayat:Repo18/vol2-page0269

2019-01-24T05:36:25Z

Bibinvb:

collected and remitted in respect of all performances in a calendar month along with DCR of each show shall be send so as to reach the office the undersigned on the immediately following working day.

(5) The balance amount of tax, cess and service charge due shall be remitted along with the return. The number of persons admitted on free passes or at concession rates hall invariably be noted returns separately for each performance.

<div style="text-align: right; direction: ltr; margin-left: 1em;">(Signature of Officers)</div>
<div style="text-align: right; direction: ltr; margin-left: 1em;">Designation.] </div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''FORM No. VIII'''</div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">(See Rule 36) </div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''Register of Number of Persons Admitted by Mechanical contrivance''' </div>
Entertainment <div style="text-align: right; direction: ltr; margin-left: 1em;">Place of Entertainment</div>
<div style="text-align: right; direction: ltr; margin-left: 1em;">Date</div>
----
Price of Number of persons Number of persons Gross receipts Amount Remarks
admission admitted on payment admitted on free passes of tax collected
-----
1 2 3 4 5 6
----
Rs. Ps. Rs. Ps
----
TOTAL
----
<div style="text-align: right; direction: ltr; margin-left: 1em;">Signature of Proprietor</div>
<div style="text-align: right; direction: ltr; margin-left: 1em;">Designation</div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;"> '''5B[FORM NO. VII A'''</div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">[See Rule 40E]</div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''Register of Number of Persons Admitted by e-Tickets'''</div>
<div style="text-align: right; direction: ltr; margin-left: 1em;">Place of Entertainment. </div>
<div style="text-align: right; direction: ltr; margin-left: 1em;">(Name of Theatre).</div>
<div style="text-align: right; direction: ltr; margin-left: 1em;">Date....</div>
----
''Price of '' Number of Persons Number of person Total Amount Amount of Amount of Balance Amount of service Amount of service
charge remitted
Admission admitted on Payment (e-Ticket) admitted on free passes (in 3) Tax collected Tax remitted if any charge Collected

Balance if any
Amount of cess collected
Amount of cess remitted
Balance if any
----
| 4 | 5 | 6
v
A
7
8
9
10
11
12 13
----
Total
----
(Signature of Proprietor)

Designation]
5B. Inserted by S.R.O. No.245/2016, dt.4-3-2016.

Panchayat:Repo18/vol2-page0269

2019-01-24T05:21:13Z

Bibinvb:

collected and remitted in respect of all performances in a calendar month along with DCR of each show shall be send so as to reach the office the undersigned on the immediately following working day.

(5) The balance amount of tax, cess and service charge due shall be remitted along with the return. The number of persons admitted on free passes or at concession rates hall invariably be noted returns separately for each performance.

<div style="text-align: right; direction: ltr; margin-left: 1em;">(Signature of Officers)</div>
<div style="text-align: right; direction: ltr; margin-left: 1em;">Designation.] </div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''FORM No. VIII'''</div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">(See Rule 36) </div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''Register of Number of Persons Admitted by Mechanical contrivance''' </div>
Entertainment <div style="text-align: right; direction: ltr; margin-left: 1em;">Place of Entertainment</div>
<div style="text-align: right; direction: ltr; margin-left: 1em;">Date</div>
----
Price of Number of persons Number of persons Gross receipts Amount Remarks
admission admitted on payment admitted on free passes of tax collected
-----
1 2 3 4 5 6
----
Rs. Ps. Rs. Ps
----
TOTAL
----
<div style="text-align: right; direction: ltr; margin-left: 1em;">Signature of Proprietor</div>
<div style="text-align: right; direction: ltr; margin-left: 1em;">Designation</div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;"> '''5B[FORM NO. VII A'''</div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">[See Rule 40E]</div>
<div class="center" style="width: auto; margin-left: auto; margin-right: auto;">'''Register of Number of Persons Admitted by e-Tickets'''</div>
<div style="text-align: right; direction: ltr; margin-left: 1em;">Place of Entertainment. </div>
<div style="text-align: right; direction: ltr; margin-left: 1em;">(Name of Theatre).</div>
<div style="text-align: right; direction: ltr; margin-left: 1em;">Date....</div>
----
Price of Number of Persons Number of person Total Amount Amount of Amount of Balance Amount of service Amount of service
charge remitted
Admission admitted on Payment (e-Ticket) admitted on free passes (in 3) Tax collected Tax remitted if any charge Collected

Balance if any
Amount of cess collected
Amount of cess remitted
Balance if any
----
| 4 | 5 | 6
v
A
7
8
9
10
11
12 13
----
Total
----
(Signature of Proprietor)

Designation]
5B. Inserted by S.R.O. No.245/2016, dt.4-3-2016.