Panchayat:Repo18/vol2-page0304

304 THE KERALA PARKS, PLAY-FIELDS AND OPEN ... ACT, 1968 Sec. 6 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