THE KERALA MUNICIPALITY ACT, 1994*

(Act 20 of 1994 as amended by Act 8 of 1995, 8 of 1996, 11 of 1999, 14 of 1999, S.R.O. No:
71/2000, Act14 of 2000, 10 of 2003,4 of 2005, 6 of 2005, 33 of 2005, 34 of 2005, 35 of 2005, 36
of 2005, 37 of 2005, 12 of 2007, Act 30 of 2009, Act 1 of 2013, Act 25 of 2013, Act 8 of 2014,
Act 9 of 2Ol4& Act 2 of 2Ol5)
An Act to replace the present enactments relating to Municipalities and Municipal Corporations
by a comprehensive enactment in line with the Constitution (Seventy Fourth) Amendment Act.
Preamble.—Whereas the Kerala Municipalities Act, 1960 and the Kerala Municipal
Corporations Act, 1961, the laws with respect to the functioning of urban local bodies prevailing
in the State are not in conformity with the provisions of Part IXA of the Constitution of India
inserted by the Constitution (Seventy Fourth Amendment) Act, 1992;
AND WHEREAS it is expedient to replace the said enactments by a comprehensive enactment in
line with the Constitution (Seventy Fourth Amendment) Act, 1992 for securing a greater measure
of participation of the people in planned development and in local Governmental affairs by
constituting Town Panchayats, Municipal Councils and Municipal Corporations;
AND endow such Municipalities with necessary powers and authority to enable them to function
as institutions of self-government;
AND entrust such Municipalities with the functions of the preparation of plans and
implementation of schemes for economic development and social justice including the
implementation of schemes in relation to the matters listed in the Twelfth Schedule to the
Constitution;
Be it enacted in the Forty Fifth year of the Republic of India as follows:-

**STATEMENT OF OBJECTS AND REASONS OF THE KERALA

MUNICIPALITYACT, 1994
(Act 20 of 1994)
In order to enshrine in the Constitution certain basic and essential features of Municipal
bodies and to impart certainty, continuity and strength to them, a new part, namely part IX A has
been added in the Constitution by the Constitution (Seventy-Fourth) Amendment Act, 1992.
The new part provides for the constitution of Municipalities, namely, Nagar Panchayats
for areas in transition from rural area to urban area, Municipal Councils for smaller urban areas
and Municipal Corporations for larger urban areas; direct elections to all seats in the
Municipalities; constitution of Ward Committees in every Municipality having a population of 3
Iakhs or more; reservation of seats for Scheduled Castes and Scheduled Tribes and women;
representation of Members of Parliament and Members of Legislative Assembly in the
Municipality; fixing tenure of 5 years for the Municipalities and holding elections before the
expiry of this duration and within a period of six months in the event of dissolution;
disqualification of members of the Municipalities; devolution of powers and responsibilities
upon the Municipalities with respect to the preparation of plans for economic development and
social justice and for the implementation of development schemes; sound finance of the
Municipalities by securing authorisation from State Legislature for grant-in-aid

* Translation in English of the Kerala Municipality Act, 1994, Published as per Notification No.10816/Leg. C/ 95/ Law, in the
Kerala Gazette Extraordinary No.1263,dt.14th December1995.
** See Bill No.96, Published in Kerala Gazette No.13, dated 29th March, 1994.
from the Consolidated Fund of the State as also assignment to, or appropriation by the
Municipalities of the revenues of designated taxes, duties, tolls and fees; authorising the State
Financing Commission to review the financial position of the Municipalities; authorising the
State Election Commission for the superintendence, direction and control of the elections to the
Municipalities; Constitution of District Planning Committees to consolidate the plans prepared
by the Panchayats and the Municipalities in the district and to prepare draft development for the
district; Constitution of Metropolitan Planning Committee for every metropolitan area having a
population of 10 lakhs or more to prepare draft development plan for the area; powers of the
State Legislature to make laws with respect to the elections to the Municipalities and other
matters; and continuance of existing inconsistent laws until amended or until one year from the
date of commencement of the Constitution (Seventy-Fourth) Amendment Act,1992.

Provisions in accordance with the Constitution (Seventy-fourth Amendment) Act,1992

have to be made in the state enactments relating to the Municipal Councils and Municipal
Corporations before 31-5-1994. The Government consider that instead of making amendments
to the existing Kerala Municipalities Act and the Kerala Municipal Corporations Act, it would
be better to enact a new Municipalities Act applicable uniformly to the Municipal Councils,
Municipal Corporations and Nagar Panchayats, incorporating the provisions in accordance with
the Constitution (Seventy-Fourth) Amendment Act, 1992.
With effect on and from the commencement of this Act, the Government consider it
necessary to repeal the Kerala Municipalities Act, 1960 (14 of 1961), the Kerala Municipal
Corporations Act, 1961 (30 of 1961), the Guruvayur Township Act, 1960 (43 of 1961) and the
provisions of the Kerala Local Authorities (Constitution and Preparation of Electoral Rolls) Act,
1994 (4 of 1994), in so far as they relate to Municipalities.

*THE CONSTITUTION (SEVENTY-FOURTH AMENDMENT) ACT, 1992

An Act further to amend the Constitution of India
Be it enacted by Parliament in the Forty-third year of the Republic of India as follows:-
1. Short title and commencement.— (I) This Act may be called the Constitution
(Seventy-Fourth Amendment) Act, 1992.
(2) It shall come into force on such date as the Central Government may, by notification in
the Official Gazette, appoint.
2. Insertion of new part IXA.— After Part IX of the Constitution, the following Part shall
be inserted, namely:—

PART IX-A
THE MUNICIPALITIES
2 43-P. Definitions.— In this part, unless the context otherwise requires, -
(a) "Committee" means a Committee constituted under Article 243;
(b) "district" means a district in a State;
(c) "Metropolitan area" means an area having a population of ten lakhs or more, comprised
in one or more districts and consisting of two or more Municipalities or Panchayats or other
contiguous areas, specified by the Governor by public notification to be a Metropolitan area for
the purpose of this Part;

* Published in Gazette of India Extraordinary Part 11 section I dated 20th April, 1993. (w.e.f. 1-6-1993)
 (d) "Municipal area” means the territorial area of a Municipality as is notified by the
Governor;
(e) "Municipality" means an institution of self-government constituted under Article 243-Q;
(f)"Panchayat" means a Panchayat constituted under Article 243-13;
(g) "population" means the Population as ascertained at the last preceding census of which
the relevant figures have been published.
243-Q. Constitution of Municipalities.— (1) There shall be constituted in every State,-
(a) a Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an
area in transition from a rural area to an urban area;
(b) a Municipal Council for a smaller urban area; and
(c) a Municipal Corporation for a larger urban area, in accordance with the provisions of
this part:
Provided that a Municipality under this clause may not be constituted in such urban area or
part thereof as the Governor may, having regard to the size of the area and the municipal
services being provided or proposed to be provided by an industrial establishment in that area
and such other factors as he may deem fit, by public notification, specify to be an industrial
township.
(2) In this article, "a transitional area", "a smaller urban area" or "a larger urban area"
means such area as the Governor may, having regard to the population of the area, the density of
the population therein, the revenue generated for local administration, the percentage of
employment in nonagricultural activities, the economic importance or such other factors as he
may deem fit, specify by public notification for the purposes of this Part.
243-R. Composition of Municipalities.— (1) Save as provided in clause (2), all the seats
in a Municipality shall be filled by persons chosen by direct election from the territorial
constituencies in the Municipal area and for this purpose each Municipal area shall be divided
into territorial constituencies to be known as wards.
(2) The Legislature of a State may, by law, provide-
(a) for the representation in a Municipality of-
(i) persons having special knowledge or experience in Municipal administration;
(ii) the members of the House of the People and the members of the Legislative
Assembly of the State representing constituencies which comprise wholly or partly the
Municipal area;
(iii) the members of the Council of States and the members of the Legislative Council of
the State registered as electors within the Municipal area;
(iv) the Chairpersons of the Committees constituted under clause 5, of Article 243-S:
Provided that the persons referred to in paragraph (i) shall not have the right to vote in the
meetings of the Municipality;
(b) the manner of election of the Chairperson of a Municipality.
243-S. Constitution and composition of Wards Committees, etc.— (1) There shall be
constituted Wards Committees, consisting of one or more wards, within the territorial area of a
Municipality having a population of three lakhs or more.
(2) The Legislature of a State may, by law, make provision with respect to-
(a) the composition and the territorial area of a Wards Committee;
(b) the manner in which the seats in a Wards Committee shall be filled.
 (3) A member of a Municipality representing a ward within the territorial area of the
Wards Committee shall be a member of that Committee.
(4) Where a Wards Committee consists of-
(a) one ward, the member representing that ward in the Municipality; or
(b) two or more wards, one of the members representing such wards in the Municipality
elected by the members of the Wards Committee, shall be Chairperson of that Committee.
(5) Nothing in this article shall be deemed to prevent the Legislature of a State from
making any provision for the constitution of Committees in addition to the Wards Committees.
243-T. Reservation of seats.— (1) Seats shall be reserved for the Scheduled Castes and
the Scheduled Tribes in every Municipality and the number of seats so reserved shall bear, as
nearly as may be, the same proportion to the total number of seats to be filled by direct election
in that Municipality as the population of the Scheduled Castes in the Municipal area of the
Scheduled Tribes in the Municipal area bears to the total population of that area and such seats
may be allotted by rotation to different constituencies in a Municipality.
(2) Not less than one-third of the total number of seats reserved under clause (1) shall be
reserved for women belonging to the Scheduled Castes or as the case may be, the Scheduled
Tribes.
(3) Not less than one-third (including the number of seats reserved for women belonging
to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by
direct election in every Municipality shall be reserved for women and such seats may be allotted
by rotation to different constituencies in a Municipality.
(4) The offices of Chairpersons in the Municipalities shall be reserved for the Scheduled
Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by
law, provide.
(5) The reservation of seats under clauses (1) and (2) and the reservation of offices of
Chairpersons (other than the reservation for women) under clause (4) shall cease to have effect
on the expiration of the period specified in Article 334.
(6) Nothing in this Part shall prevent the Legislature of a State from making any
provision for reservation of seats in any Municipality or offices of Chairpersons in the
Municipalities in favour of backward class of citizens.
243-U. Duration of Municipalities, etc.— (1) Every Municipality, unless sooner
dissolved under any law for the time being in force, shall continue for five years from the date
appointed for its first meeting and no longer:
Provided that a Municipality shall be given a reasonable opportunity of being heard before
its dissolution.
(2) No amendment of any law for the time being in force shall have the effect of causing
dissolution of a Municipality at any level, which is functioning immediately before such
amendment, till the expiration of its duration specified in clause (1).
(3) An election to constitute a Municipality shall be completed,-
(a) before the expiry of its duration specified in clause (1);
(b) before the expiration of a period of six months from the date of its dissolution:
Provided that where the remainder of the period for which the dissolved Municipality
would have continued is less than six months, it shall not be necessary to hold any election under
this clause for constituting the Municipality for such period.
(4) A Municipality constituted upon the dissolution of a Municipality before the
expiration of its duration shall continue only for the remainder of the period for which the
dissolved Municipality would have continued under clause (1) had it not been so dissolved.
243-V. Disqualifications for membership.— (1) A person shall be disqualified for being
chosen as, and being, a member of a Municipality-
(a) if he is so disqualified by or under any law for the time being in force for the
purposes of elections to the Legislature of the State concerned:
Provided that no person shall be disqualified on the ground that he is less than twenty -
five years of age, if he has attained the age of twenty-one years.
(b) if he is so disqualified by or under any law made by the Legislature of the State.
(2) If any question arises as to whether a member of a Municipality has become subject
to any of the disqualifications mentioned in clause (1), the question shall be referred for the
decision of such authority and in such manner as the Legislature of a State may, by law, provide.
243-W. Powers, authority and responsibilities of Municipalities, etc.— Subject to the
provisions of this Constitution, the Legislature of a State may, by law, endow-
(a) the Municipalities with such powers and authority as may be necessary to enable
them to function as institutions of self-government and such law may contain provisions for the
devolution of powers and responsibilities upon Municipalities, subject to such conditions as may
be specified therein, with respect to-
(i) the preparation of plans for economic development and social justice,
(ii) the performance of functions and the implementation of schemes as may be entrusted
to them including those in relation to the matters listed in the Twelfth Schedule;
(b) the Committees with such powers and authority as may be necessary to enable them
to carry out the responsibilities conferred upon them including those in relation to the matters
listed in the Twelfth Schedule.
243-X. Power to impose taxes by, and Funds of, the Municipalities.—The Legislature
of a State may, by law,- . .
(a) authorise a Municipality to levy, collect and appropriate such taxes, duties, tolls and
fees in accordance with such procedure and subject to such limits;
(b) assign to a Municipality such taxes, duties, tolls and fees levied and collected by the
State Government for such purposes and subject to such conditions and limits,
(c) provide for making such grants-in-aid to the Municipalities from the Consolidated
Fund of the State; and
(d) provide for constitution of such Funds for crediting all moneys received,
respectively, by or on behalf of the Municipalities and also for the withdrawal of such moneys
therefrom, as may be specified in the law.
243-Y. Finance Commission.— (1) The Finance Commission constituted under Article
243-I shall also review the financial position of the Municipalities and make recommendations
to the Governor as to-
(a) the principles which should govern-
 (1) the distribution between the State and the Municipalities of the net proceeds of the
taxes, duties, tolls and fees leviable by the State, which may be divided between t h e m u n d e r
t h i s p a r t and the allocation between the Municipalities at all levels of their respective shares
of such proceeds,
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or
appropriated by, the Municipalities;
(iii) the grants-in-aid to the Municipalities from the Consolidated Fund of the State.
(b) the measures needed to improve the financial position of the Municipalities,
(c) any other matter referred to the Finance Commission by the Governor in the
interests of sound finance of the Municipalities.
(2) The Governor shall cause every recommendation made by the commission under
this article together with an explanatory memorandum as to the action taken of the State.
243-Z. Audi of accounts of Municipalities.- The legislature of a State may, by law, make
provisions with respect to the maintenance of accounts by the Municipalities and the auditing
of such accounts.
243-ZA. Elections to the Municipalities.— (1) The superintendence, direction and
control of the preparation of electoral rolls for, and the conduct of, all elections to the
Municipalities shall be vested in State Election Commission referred to in Article 243-K.
(2) Subject to the provisions of this Constitution, the Legislature of a State may, by law,
make provision with respect to all matters relating to, or in connection with, elections to the
Municipalities.
243-ZB. Application to Union territories.— The provisions of this Part shall apply to
the Union territories and shall, in their application to a Union territory, have effect as if the
references to the Governor of a State were references to the Administrator of the Union territory
appointed under Article 239 and reference to the Legislature or the Legislative Assembly of a
State were references in relation to a Union territory having a Legislative Assembly, to that
Legislative Assembly:
Provided that the President may, by public notification, direct that the provisions of this
Part shall apply to any Union territory or part thereof subject to such exceptions and
modifications as he may specify in the notification.
243-ZC. Part not to apply to certain areas.— (1) Nothing in this Part shall apply to the
Scheduled Areas referred to in clause (1), and the tribal areas referred to in clause (2), of Article
244.
(2) Nothing in this Part shall be construed to affect the functions and powers of the
Darjeeling Gorkha Hill Council constituted under any law for the time being in force for the hill
areas of the district of Daijeeling in the State of West Bengal.
(3) Notwithstanding anything in this Constitution, Parliament may, by law, extend the
provisions of this Part to the Scheduled Areas and the tribal areas referred to in clause (1)
subject to such exceptions and modifications as may be specified in such law, and no such law
shall be deemed to be an amendment of this Constitution for the purpose of Article 368.
243-ZD. Committee for district planning.— (1) There shall be constituted in every State
at the district level a District Planning Committee to consolidate the plans prepared by the
Panchayats and the Municipalities in the district and to prepare a draft development plan for the
district as a whole.
 (2) The Legislature of a State may, by law, make provision with respect to-
(a) the composition of the District Planning Committees;
(b) the manner in which the seats in such Committees shall be filled:
Provided that not less than four-fifths of the total number of members of such Committee
shall be elected by, and from amongst, the elected members of the Panchayat at the district level
and of the Municipalities in the district in proportion to the ratio between the population of the
rural areas and of the urban areas in the district;
(c) the functions relating to district planning which may be assigned to such Committees;
(d) the manner in which the Chairpersons of such Committees shall be chosen.
(3) Every District Planning Committee shall, in preparing the draft development plan,-
(a) have regard to-
(1) matters of common interest between the Panchayats and the Municipalities including
spatial planning, sharing of water and other physical and natural resources, the integrated
development of infrastructure and environmental conservation;
(ii) the extent and type of available resources whether financial or otherwise;
(b) consult such institutions and organisations as the Governor may, by order, specify.
(4) The Chairperson of every District Planning Committee shall forward the
development plan, as recommended by such Committee, to the Government of the State.
243-ZE. Committee for Metropolitan planning.— (1) There shall be constituted in
every Metropolitan area Metropolitan Planning Committee to prepare a draft development plan
for the Metropolitan area as a whole.
(2) The Legislature of a State may, by law, make provision with respect to-
(a) the Composition of the Metropolitan Planning Committees;
(b) the manner in which the seats in such Committees shall be filled:
Provided that not less than two-thirds of the members of such Committee shall be elected
by, and from amongst, the elected members of the Municipalities and Chairpersons of the
Panchayats in the Metropolitan area in proportion to the ratio between the population of the
Municipalities and of the Panchayats in that area.
(c) the representation in such Committees of the Government of India and the
Government of the State and of such organisations and institutions as may be deemed necessary
for carrying out the functions assigned to such Committees;
(d) the functions relating to planning and co-ordination for the Metropolitan area which
may be assigned to such Committees;
(e) the manner in which the Chairpersons of such Committees shall be chosen.
(3) Every Metropolitan Planning Committee shall, in preparing the draft development
plan,
(a) have regard to-
(i) the plans prepared by the Municipalities and the Panchayats in the Metropolitan area;
(ii) matters of common interest between the Municipalities and the Panchayats,
including coordinated spatial planning of the area, sharing of water and other physical and
natural resources, the integrated development of infrastructure and environmental conservation;
(iii) the overall objectives and priorities set by the Government of India and the
Government of the State;
(iv) the extent and nature of investment likely to be made in the Metropolitan area by
agencies of the Government of India and of the Government of the State and other available
resources whether financial or otherwise;
(b) consult such institutions and organisations as the Governor may, by order, specify.
(4) The Chairperson of every Metropolitan Planning Committee shall forward the
development plan, as recommended by such Committee, to the Government of the State.
243-ZF. Continuance of existing laws and Municipalities.— Notwithstanding anything
in this Part, any provisions of any law relating to Municipalities in force in a State immediately
before the commencement of the Constitution (Seventy-fourth Amendment) Act, 1992, which is
inconsistent with the provisions of this Part, shall continue to be in force until amended or
repealed by competent Legislature or other competent authority or until the expiration of one
year from such commencement, whichever is earlier:
Provided that all the Municipalities existing immediately before such commencement shall
continue till the expiration of their duration, unless sooner dissolved by a resolution passed to
that effect by the Legislative Assembly of that State or, in the case of a State having a
Legislative Council, by each House of the Legislature of that State.
243-ZG. Bar to interference by courts in electoral matters.— Notwithstanding
anything in this Constitution.-
(a) the validity of any law relating to the delimitation of constituencies or the allotment
of seats to such constituencies, made or purporting to be made under Article 243-ZA shall not be
called in question in any court;
(b) no election to any Municipality shall be called in question except by an election
petition presented to such authority and in such manner as is provided for by or under any law
made by the Legislature of a State.
* TWELFTH SCHEDULE
(Article 243-W)
1. Urban planning including town planning.
2. Regulation of land use and construction of buildings.
3. Planning for economic and social development.
4. Roads and bridges.
5. Water supply for domestic, industrial and commercial purposes.
6. Public health, sanitation conservancy and solid waste management.
7. Fire services.
8. Urban forestry, protection of the environment and promotion of ecological aspects.
9. Safeguarding the interests of weaker sections of society, including the handicapped
and mentally retarded.

*Twelfth Schedule inserted by constitution (Seventy-fourth Amendment) Act, 1992 (w.e.f. 1-6-1993)
 10. Slum improvement and upgradation.
11. Urban poverty alleviation.
12. Provision of urban amenities and facilities such as parks, gardens, playgrounds.
13. Promotion of cultural, educational and aesthetic aspects.
14. Burials and burial grounds, cremations, cremation grounds and electric crematoriums.
15. Cattle ponds; prevention of cruelty to animals.
16. Vital statistics including registration of births and deaths.
17. Public amenities including street lighting, parking lots, bus stops and public
conveniences.
18. Regulation of slaughter houses and tanneries.

**STATEMENT OF OBJECTS AND REASONS OF THE CONSTITUTION

(SEVENTY-FOURTH AMENDMENT) ACT, 1992
In many States local bodies have become weak and ineffective on account of a variety of
reasons, including the failure to hold regular elections, prolonged supersessions and inadequate
devolution of powers and functions. As a result, Urban Local Bodies are not able to perform
effectively as vibrant democratic units of self-government.
2. Having regard to these inadequacies, it is considered necessary that provisions
relating to Urban Local Bodies are incorporated in the Constitution particularly for-
(i) putting on a firmer footing the relationship between the State Government and the
Urban Local Bodies with respect to-
(a) the functions and taxation powers; and
(b) arrangements for revenue sharing;
(ii) ensuring regular conduct of elections;
(iii) ensuring timely elections in the case of supersession; and
(iv) providing adequate representation for the weaker sections like Scheduled Castes,
Scheduled Tribes and women.
3. Accordingly, it is proposed to add a new part relating to the Urban Local Bodies in
the Constitution to provide for-
(a) constitution of three types of Municipalities
(i) Nagar Panchayats for areas in transition from a rural area to Urban area;
(ii) Municipal Councils for smaller urban areas;
(iii) Municipal Corporations for larger Urban areas.
The broad criteria for specifying the said areas is being provided in the proposed article 243Q;
(b) Composition of Municipalities, which will be decided by the Legislature of a State,
having the following features:
(i) persons to be chosen by direct election;
(ii) representation of Chairpersons of Committees, if any, at ward or other levels in the
Municipalities;
(iii) representation of persons having special knowledge or experience of Municipal
Administration in Municipalities (without voting rights);
(c) election of Chairpersons of a Municipality in the manner specified in the State law;
(d) constitution of Committees at ward level or other level or levels within the territorial
area of a Municipality as may be provided in the State law;
(e) reservation of seats in every Municipality-
(i) for Scheduled Castes and Scheduled Tribes in proportion to their population of which
not less than one-third shall be for women;
(ii) for women which shall not less than one-third of the total number of seats;
** Published in Gazette of India (Extraordinary) No. 38, dated 16th September, 1991, Part II, Section 2.
 (iii) in favour of backward classes of citizens if so provided by the Legislature of the
State;
(iv) for Scheduled Castes, Scheduled Tribes and women in the office of Chairpersons as
may be specified in the State law;
(f) fixed tenure of 5 years for the Municipality and re-election within six months of end
of tenure. If a Municipality is dissolved before expiration of its duration, elections to be held
within a period of six months of its dissolution;
(g) devolution by the State Legislature of powers and responsibilities upon the
Municipalities with respect to preparation of plans for economic development and social justice,
and for the implementation of development schemes as may be required to enable them to
function as institutions of self-government;
(h) levy of taxes and duties by Municipalities, assigning of such taxes and duties to
Municipalities by State Governments and for making grants-in-aid by the State to the
Municipalities as may be provided in the State law;
(i) a Finance Commission to review the finances of the Municipalities and to recommend
principles for-
(1) determining the taxes which may be assigned to the Municipalities;
(2) sharing of taxes between the State and Municipalities;
(3) grants-in-aid to the Municipalities from the Consolidated Fund of the State;
(j) audit of accounts of the Municipal Corporations by the Comptroller and Auditor-
General of India and laying of reports before the Legislature of the State and the Municipal
Corporation concerned,
(k) making of law by a State Legislature with respect to elections to the Municipalities to
be conducted under the superintendence, direction and control of the chief electoral officer of
the State;
(1) application of the provisions of the Bill to any Union Territory or part thereof with
such modifications as may be specified by the President;
(m) exempting scheduled areas referred to in clause (1), and tribal areas referred to in
clause (2), of article 244, from the application of the provisions of the Bill. Extension of
provisions of the Bill to such areas may be done by Parliament by law;
(n) disqualification for membership of a Municipality;
(j) bar of jurisdiction of Courts in matters relating to elections to the Municipalities.
4. The Bill seeks to achieve the aforesaid Objectives.

CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.— (1) This Act may be called the Kerala
Municipality Act, 1994.
(2) It extends to the whole of the State of Kerala.
(3) It shall be deemed to have come into force on the 30th day of May, 1994.

2. Definitions.— In this Act, unless the context otherwise requires,-

(1) “Article” means an Article of the Constitution of India;
(2) “building” includes a house, out-house, stable, latrine, shed, hut, bunk and any
other structure whether of masonry, wood, brick, mud, metal or any other material
whatsoever;
(3) “building line” means a line which is at the rear of the street alignment and to
which the main wall of a building abutting on a street may lawfully extend and beyond which no
portion of the building may extend except as provided in the building rules,
 (4) "candidate" means a person who has been duly nominated or claimed to have been
duly nominated as a candidate for any election;
(5) "casual vacancy" means a vacancy occurring otherwise than by efflux of time;
1
[(6) “Chairperson” in relation to a Town Panchayat or a Municipal Council means the
Chairman of that Town Panchayat or Municipal Council and in relation to a Municipal
Corporation the Mayor of that Municipal Corporation;
(6A) “Deputy Chairperson” in relation to a Town Panchayat or a Municipal Council means
the Vice-Chairman of that Town Panchayat or Municipal Council and in relation to a Municipal
Corporation, the Deputy Mayor of that Municipal Corporation;]
(7) "Collector" means the Collector of the district;
(8) "committee" means a Standing Committee 2[x x] or a Steering Committee 2[xx]
constituted under this Act or other Committees constituted by the Council for any specific
purpose;
(9) "Council" means the Council of a Town Panchayat, a Municipal Council or a
Municipal Corporation;
(10) "Company" means a company as defined in section 3 of the Companies Act, 1956
(Central Act 1 of 1956) and includes a foreign company within the meaning of section 591 of
that Act, a co-operative society registered or deemed to be registered under the Kerala Co-
operative Societies Act, 1969 (21 of 1969) and a firm or association carrying on business in the
State whether incorporated or not and whether its principal place of business is situated in the
State or not;
(11) "Corrupt practice" means any of the practices specified in section 144;
(12) "Dangerous disease" means a disease specified in the Ninth Schedule or any disease
included in the said schedule by Government, from time to time, by notification in the Gazette;
(13) "District Election Officer" means an officer designated or nominated by the State
Election Commission;
(14) Election" means an election to fill any vacancy in any of the wards of any
Municipality;
(15) "Elector" in relation to any ward (by whatever name known) means a person whose
name is included in the voters list, for the time being in force, in respect of that ward and who is
not subject to any of the disqualifications referred to in section 74;
(16) "Electoral right" means the right of a person either to stand or not to stand as a
candidate or to withdraw or not to withdraw his candidature or to vote in an election;
(17) "Electoral Registration Officer" means an officer designated or nominated by the
State Election Commission to discharge the functions of the Electoral Registration Officer under
this Act;
(18) “Filth” includes sewage, excreta, dung, putrid and putrifying substances and all
other substances causing danger to public health, if not removed;

1. Clause (6) substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution clause (6) read as under:
"Chairperson and Deputy Chairperson" in relation to a Town Panchayat or a Municipal Council means the Chairman
and the Vice-Chairman of that Town Panchayat or Municipal Council and, in relation to a Municipal Corporation the
Mayor and the Deputy Mayor respectively;"
2. The words “or a Joint Committee" & "or a Ward Committee" omitted by Act 14 of 1999, w.e.f. 24-3-1999.
 (19) “hut” means any building which is constructed principally of wood, mud, leaves,
grass or thatch and includes any temporary structure of whatever size of any small building of
whatever material made which the Municipality may declare to be a hut for the purposes of this
Act;
(20) “latrine” means a place set apart for defecating or urinating or both and includes a
closet of the dry or water borne type and urinal;
3
[(21) “Local Authority” or “Local Self Government Institution” means a Municipality
constituted under Section 4 or a Panchayat constituted under the Kerala Panchayat Raj Act, 1994
(13 of 1994);]
(22) “lodging house” means a hotel, a boarding house, a choultry, dharmasala or rest
house not maintained by the Government or a local authority, or any place where casual visitors
are received and provided with sleeping accommodation, with or without food, on payment, but
does not include—
(a) student’s hostel under public control or recognised control; or
(b) retiring rooms and rest-houses provided by a railway administration and normally
used by passengers or railway employees or both; or
(c) retiring rooms or rest houses provided by the airport authority and normally used by
passengers or cabin crew or both; or
(d) rooms situated within the compound of any place of worship and used by devotees
for taking rest;
(23) “market” means any place set apart or ordinarily or periodically used for the
assembling of persons for the sale or purchase of grain, fruit, vegetables, meat, fish or other
perishable articles of food or for the sale or purchase of live-stock or poultry, or of any
agricultural or industrial produce or any raw or manufactured products or any other articles or
commodity necessary for the convenience of life, provided that a single shop or group of shops,
not being more than six in number, shall not be deemed to be a market;
(24) “nuisance” includes any act, omission, place or thing which causes or is likely to
cause injury, danger, annoyance, disturbance or harassment to the sense of sight, smell, hearing
or to rest or sleep or which is, or may be, dangerous to life or injurious to health or property;
(25) “Occupier” includes—
(a) any person who, for the time being, is paying or is liable to pay to the owner the rent
or any portion of the rent of the land or building in respect of which such rent is paid or is
payable;
(b) any owner in occupation of or otherwise using his land or building;
(c) a rent free tenant of any land or building,
(d) a licensee in occupation of any land or building; and
(e) any person who is liable to pay the owner damages for the use or occupation of
any land or building;

3. Clause (21) substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution clause (21) read as under:
“(21) “local authority” means a Municipality or a Panchayat at any level”
 (26) “owner” includes-
(a) a person who for the time being is receiving or is entitled to receive the amount of
lease or the rent of any land or building whether on his own account or on account of himself
and others or as an agent, trustee, guardian or receiver for any other person or who should so
receive the amount of lease or the rent or be entitled to receive it if the land or building or part
thereof were let to a lessee or a tenant on lease or rent;
(b) the person for the time being in charge of the animal, vessel or vehicle in
connection with which the word is used,
(27) “Political Party” means a political party registered under section 29A of the
Representation of the People Act, 1951 (Central Act 43 of 1951);
(28) “polling station” means any place appointed for holding election to a Municipality;
(29) “place of public entertainment” means any place, enclosure, building, tent, booth
or other erection, whether permanent or temporary where music, singing, dancing, drama or
any diversion or game or the means of carrying on the same is provided and to which the
public are admitted, and includes a race course, circus, theatre, music hall, billiard room,
bagatelle-room, gymnasium and fencing school;
(30) “prescribed” means prescribed by rules made under this Act;
(31) “private market” means any market other than a public market;
(32) “private street” means any street, road, square, court, alley, passage or riding path
which is not a public street, but does not include a path or way made by the owner of premises
on his own land to secure access to or the convenient use of such premises;
(33) “public market” means any market owned, constructed, repaired or maintained by a
Municipality;
(34) “public street means any street, road, square, court, alley, passage or riding path
over which the public have a right of way, whether a thoroughfare or not, and includes-
(a) the roadway over any public bridge or causeway;
(b) the footway attached to any such street, public bridge or causeway; and
(c) the drains attached to any such street, public bridge or causeway and the land
whether covered or not by any pavement, verandah, or other structure, which lies on either side
of the roadway upto the boundaries of the adjacent property, whether that property is private
property or property belonging to the Government;
(35) “public holiday” means a day which is declared as a holiday by the Government;

(36) "Public water courses, springs, wells and tanks and bunds" include water courses,
springs, wells, tanks and bunds used by the public to such an extent as to give a prescriptive
right to such use;
(37) "qualified medical practitioner" means a medical practitioner having prescribed
qualifications;
(38) "reconstruction" of a building includes-
 (a) the re-erection wholly or partially of a building after more than one half of its
cubical contents has been taken down, or burnt down, or has fallen down, whether at one time or
not;
the re-erection wholly or partially of any building of which an outer wall has
(b)
been taken down or burnt down or has fallen down to or within three metres or less of the
ground adjoining the lowest storey of the building and of any frame-work of building which has
so far been taken down or burnt down or has fallen down as to leave only the framework of the
lowest storey;
(c) the conversion into a dwelling house or place of public worship of any building
not originally constructed for human habitation or for public worship, as the case may be, or the
conversion into more than one dwelling house of a building originally constructed as one
dwelling house only or the conversion of a dwelling house into a factory or other industrial
establishments;
the re-conversion into a dwelling house or a place of public worship or a factory
(d)
of any building which has been discontinued as, or appropriated for any purpose other than, a
dwelling house or place of public worship or a factory, as the case may be;
(39) "residence" or "reside" a person shall be deemed to have his ‘residence’ or to
‘reside’ in any house or hut if he sometimes uses as of right any portion thereof as a sleeping
apartment and a person is not deemed to cease to reside in any such house or hut merely because
he is absent from it or has elsewhere another dwelling in which he resides if he is at liberty to
return thereto at any time and has not abandoned his intention of returning;
(40) "rubbish" means dust, ash, broken bricks, mortar, broken glass, and refuse of any
kind which is not filth;
(41) "sanitation worker" means a person employed in collecting or removing filth or in
cleaning drains, latrines or slaughter houses;
(42) "Scheduled Castes and Scheduled Tribes" shall have the same meaning as in the
Constitution of India;
(43) "Secretary" means the Secretary of a Municipality;
(44) "State" means the State of Kerala;
(45) "State Election Commission" means the State Election Commissioner appointed
under Article 243K;
(46) "street alignment" means a line dividing the lands comprised in forming part of a
street from the adjoining land;
(47) "vehicle" shall have the same meaning as in the Motor Vehicles Act, 1988
(Central Act 59 of 1988);
(48) "vessel" includes any motor boat, steam launch, steam or motor tug or barge;
(49) "ward” means a ward of a Municipality for the purpose of election of
Councillors; 4[(49A) “Ward Committee” means the Ward Committee constituted under
Section 42; (49B) “Ward Sabha” means the Ward Sabha constituted under Section 42A;]
4. Clause (49A) & (49B) added by Act 14 of 1999, w.e.f. 24-3-1999.
 (50) "water course" includes any river, stream, channel or lake whether natural or
artificial;
(51) "year" means the financial year.
3. Interpretation.— Words and expressions used but not defined in this Act and defined in
Part IX A of the Constitution of India shall have the meanings respectively assigned to them
in that part.

CHAPTER II
CONSTITUTION, ALTERATION AND CONVERSION OF MUNICIPALITIES
4. Constitution, alteration and conversion of Municipalities.— (1) The Government shall, by
notification in the Gazette, constitute with effect from such date as specified in the notification,-
(a) a "Town Panchayat" for a transitional area;
(b) a "Municipal Council" for a smaller urban area; and
(c) a "Municipal Corporation" for a larger urban area, and specify the names of such
Municipalities.
(2)The Government may, by notification,-
(a) exclude any municipal area from the operation of this Act; or
(b) exclude from a municipal area comprised therein and defined in the notification; or
(c) divide any municipal area into two or more municipal areas; or
(d) unite two or more municipal areas; or
(e) unite the territorial area of a Panchayat geographically lying adjacent to a Municipal
area, with the Municipality; or
5
(f) convert a Village Panchayat into a [Town Panchayat or a Municipal Council]; or
(g) convert a Town Panchayat into a Municipal Council; or
(h) convert a Municipal Council into a Municipal Corporation:
6
(i) [Provided that, before issuing such a notification the requirements under Article 243Q
and sub - section (1) shall be fulfilled and the suggestions and opinions of the Village Panchayat
or Town Panchayat or Municipal Council or Municipal Corporation concerned, shall be
considered.]
Provided further that any notification issued under this sub-section shall not be brought
into force except in such a way as to coincide with the expiry of the term of the existing
Municipal Council or Village Panchayat in that territorial area.
(3) The Government may at the request of a Municipality or after consultation with the
Municipality, at any time, alter the name of a Municipality, after previous publication of the
proposal by notification in the Gazette.
7
(4) Where any Village Panchayat area is constituted as, or included in, a [Municipality],
the Government may pass such orders as they may deem fit as to the transfer to the Municipality
or disposal otherwise of the assets or institutions of such Panchayat in that area, and as to the
discharge of the liabilities if any, of such Panchayat relating to such assets or institutions.

5. Substituted for the words "Town Panchayat" by Act 14 of 1999, w.e.f. 24-3-1999.
6. First proviso substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution the first proviso read as
under:"Provided that before issuing such a notification the requirement under Article 243Q shall be fulfilled and the
suggestions and opinion put forward by the existing Municipality in this regard, considered:"
7.Substituted for the words “Town Panchayat” by Act 14 of 1999, w.e.f. 24-3-1999.
 8
(5) Where any village Panchayat area is constituted as, or included in a [Municipality], all
taxes, fees or other charges levied in that area under the enactments or regulations then in force
shall, from the date of constitution or inclusion, as the case may be, cease to have effect and all
such taxes, fees or other charges shall be levied in that area in accordance with the provisions of
this Act and the rules, regulations and bye-laws made there under.
(6) Where a Municipality is abolished, this Act and all notifications, rules, regulations,
bye-laws, orders, directions and powers issued, made or conferred under this Act shall cease to
apply to the area comprised within the Municipality, the balance of the Municipal fund and all
other property vested in the Municipality at the time of its abolition shall vest in the succeeding
local authority coming into existence or if a local authority does not come into existence in that
area, in the Government and the liabilities of the Municipality shall be transferred to such local
authority or as the case may be, the Government.
(7) All funds and property vested in the Government under sub-section (6) shall be applied
to discharge the liabilities transferred to the Government under that sub-section and for the
promotion of the safety, health, welfare or convenience of the inhabitants of the area comprised
in the Municipality.
CHAPTER III
CONSTITUTION OF MUNICIPAL AUTHORITIES

5. Incorporation and Administration of Municipality.— (1) Every Municipality shall be a

body corporate by the name of the Municipality specified in the notification issued under
Section 4, shall have perpetual succession and a common seal, and shall, subject to any
restriction or alteration imposed by or under this Act or any other law, be vested with the
capacity of suing or being sued in its corporate name, of acquiring, holding and transferring
property, movable or immovable, of entering into contracts, and of doing all things necessary,
proper or expedient for the purpose for which it is so constituted.
(2) Every Municipality, shall exercise such powers, perform such duties and functions
and shall have such responsibilities and authority as are provided by or under this Act or any
other law for the time being in force.
9
6. Constitution of Council.— [(1) The Government shall, in accordance with the criteria

8. Substituted for the words “Town Panchayat” by Act 14 of 1999, w.e.f. 24-3-1999.
9. Sub-sections (1) to (4) substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution sub-sections (1) to (4) read
as under:
“(1) A Municipality, other than a Municipal Corporation, shall consist of such number of seats to be represented by
Councillors, as notified by the Government in accordance with the following Table:
TABLE
Population No. of Councillors
Not exceeding 20,000
Exceeding 20,000 but not exceeding 30,000 20
Exceeding 30,000 but not exceeding 40,000 24
Exceeding 40,000 but not exceeding 50,000 28
Exceeding 50,000 but not exceeding one lakh 32
Exceeding one lakh 36
(2) A Municipal Corporation shall consist of such number of seats to be represented by Councillors as may be notified by
the Government, provided that such number shall not be less than forty or more than fifty.
(3) The Councillors of every Municipality shall be chosen by direct election.
(4) The Council may nominate not more than two persons having special knowledge or experience in municipal
administration to be special Councillors. The Special Councillors shall have all the rights of a Councillor except the
right to vote.”
specified in sub-section (3), notify the total number of seats of the Councillors to be filled up by
direct election in a Town Panchayat, Municipality and Municipal Corporation considering the
population of the area of the Municipality concerned.
(2)The Government may, after publishing the relevant data according to each census, vary
the total number of seats of Councillors in a Municipality notified under sub-section (1) subject
to the criteria specified in sub-section (3).
10[(3) The number of seats of Councillors notified under sub-section (1) or sub-section (2),
shall be,—
(a) In the case of a Town Panchayat or a Municipal Council —
(i) 11“[twenty-five], where the population in the area of the Town Panchayat or Municipal
Council does not exceed twenty thousand, and
(ii) Where the population of the Town Panchayat or Municipal Council exceeds twenty
thousand, “[twenty-five] councillors for the population of first twenty thousand, and one each
for every two thousand and five hundred of the population exceeding twenty thousand, subject
to a maximum of 12[fifty-two] Councillors;
(b) In the case of a Municipal Corporation, ___
(i) 13[fifty-five], where the population in the area of the Municipal Corporation does not
exceed four lakhs, and
(ii) Where the population exceeds four lakhs, ,3[fifty-five] councilors for the population
of first four lakhs and one each for every ten thousand exceeding four lakhs subject to a
maximum of one hundred Councillors].
(4) The Councillors of every Municipality shall be elected by direct election].
(5) Specified seats shall be reserved for the Scheduled Castes and the Scheduled Tribes
in every Municipality. The number of seats to be reserved in a Municipality shall be determined
by the Government. The number of seats so reserved shall bear, as nearly as may be, the same
proportion to the total number of seats to be filled by direct election in that Municipality as the
population of the Scheduled Castes in the municipal area or of the Scheduled Tribes in the
municipal area bears to the total population of that area and such seats may be allotted by
rotation to different wards in a Municipality as the 14[the State Election Commission or an
officer authorised by it] may, determine for each general election:

10. Sub-section (3) substituted by Act 6 of 2005, w.e.f. 9-3-2005. Prior to the substitution it read as under:
“(3) The number of seats of Councillors notified under sub-section (1) or sub-section (2) shall be
(a) In the case of a Town Panchayat or a Municipal Council,—
(i) Twenty, where the population in the area of the Town Panchayat or Municipal Council does not exceed twenty thousand,
and 7
(ii) Where the population of the Town Panchayat or Municipal Council exceeds twenty thousand, twenty, for the population
of first twenty thousand, and one each for every two thousand and five hundred of the population exceeding twenty
thousand, subject to a maximum of fifty Councillors;
(b) In the case of a Municipal Corporation,—
(i) fifty, where the population in the area of the Municipal Corporation does not exceed four lakhs, and
(ii) Where the population exceeds four lakhs, fifty, for the population of first four lakhs and one each for every ten thousand
exceeding four lakhs subject to a maximum of one hundred Councillors;
11. The words “twenty-two” substituted by Act 30 of 2009, w.e.f. 7-10-2009.
12. The words “fifty” substituted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009.
13. The words “fifty-two” substituted by Act 30 of 2009, published in K.GEx. No. 1844, dt. 7-10-2009.
14. Substituted for the words “Government or an officer authorised by the Government” by Act 14 of 1999, w.e.f. 24-3-1999
 Provided that where the population of the Scheduled Castes or the Scheduled Tribes in a
municipal area is not sufficient to make them eligible for the reservation of any seat, one seat
shall be reserved in that Municipality for the Scheduled Castes or the Scheduled Tribes having
higher population.
(6) 15[Fifty per cent (in the case of fraction, it shall be fixed to the next higher integer)] of
the total number of seats reserved under sub-section (5) shall be reserved for women belonging
to the Scheduled Castes, or as the case may be, the Scheduled Tribes:
Provided that where the number of seats reserved for the Scheduled Castes or as the case
may be, the Scheduled Tribes under sub-section (5) is only one, that seat need not be reserved
for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes.
(7) 16[Fifty percent (in the case of fraction, it shall be fixed to the next higher integer)]
(including the number of seats reserved for women belonging to the Scheduled Castes and
Scheduled Tribes) of the total number of seats to be filled by direct election in every
Municipality shall be reserved by the Government for women and such seats may be allotted
by rotation to different wards in a Municipality as the 14[the State Election Commission or an
officer authorised by it] may, by notification in the Gazette, determine for each general
election.
(8)Nothing contained in sub-sections (5) to (7) shall be deemed to prevent persons
belonging to the Scheduled Castes, Scheduled Tribes or Women from being a candidate to the
election to the unreserved seats in a Municipality.
17
[(9) The officer authorised in this behalf by the State Election Commission shall, by
draw of lots determine the wards to which seats reserved for Scheduled Castes and Scheduled
Tribes under sub-section (5) and for Women under sub-sections (6) and
(7)are to be allotted by rotation at such time and on such date and at such place as may
be notified by the Commission.
(10) Immediately after deciding the reserved wards under sub-section (9), the State
Election Commission shall notify the list of wards so reserved, in the manner prescribed.]
7. Duration of Municipalities and filling up of vacancies.— (1) Every Municipality,
unless sooner dissolved, shall continue for five years from the date appointed for its first
meeting and no longer.
(2) An election to constitute a Municipality shall be completed,-
(a) before the expiry of its duration specified in sub-section (1); or
(b) before the expiration of a period of six months from the date of its dissolution; as
the case may be:
Provided that where the remainder of the period for which the dissolved Municipality
would have continued is less than six months, it shall not be necessary to hold any election for
constituting the Municipality for such period.
(3) A Municipality constituted upon the dissolution of a Municipality before the expiration
of its duration shall continue only for the remainder of the period for which the dissolved
Municipality would have continued under sub-section (1), had it not be so dissolved.

15. The words “not less than one-third” substituted by Act 30 of 2009, K.GEx. No. 1844, dt. 7-10-2009.
16. Substituted for the words “Government or an officer authorised by Government” by Act 14 of 1999, w.e.f. 24.03.1999.
17. Sub-sections (9) & (10) added by Act 14 of 1999, w.e.f. 24-03-1999.
 18
[(3A) A casual vacancy in the office of a Councillor shall be reported directly by the
Secretary concerned to the State Election Commission within seven days from the date of
occurrence of that vacancy and the Secretary who fails to report so without proper reason shall
be punishable with a fine which may extend to one thousand rupees and for which the State
Election Commission shall have power to initiate the prosecution steps.]
(4) Election to fill a casual vacancy in the office of a Councillor shall be held by the
State Election Commission 19[within six months], after the occurrence of that vacancy:
Provided that it shall not be necessary to hold an election to fill a vacancy, the duration of
which is less than six months.
(6) A Councillor elected to fill a casual vacancy shall be eligible to hold office for the
remaining term of the person in whose place he was elected.

8. Procedure where no Councillor is elected from any ward of a Municipality.—

(1) Where, for any reason, a Councillor could not be elected from any of the wards, at an
election the State Election Commission shall hold an election within three months to elect a
Councillor from that ward.
(2) The term of office of a Councillor elected under sub-section (1) shall be co - terminus
with the term of the Municipality to which he is elected.
9. Reservation to be subject to Article 334.— Notwithstanding anything contained in
section 6 and section 10, reservation of seats in the Municipalities and in the offices of
Chairman or Mayor thereof, as the case may be, for the Scheduled Castes or the Scheduled
Tribes shall cease to have effect on the expiration of the period fixed in Article 334 for the
reservation of seats for the Scheduled Castes and the Scheduled Tribes in the State Legislative
Assembly:
Provided that nothing in this section shall affect any such reservation in a then existing
Municipality until the expiration of its duration or its dissolution, as the case may be.

10. Mayor or Chairman of a Municipality.— (1) There shall be a Chairman in every

Town Panchayat and Municipal Council and a Mayor in every Municipal Corporation who shall
be elected by the elected Councillors of the respective Municipalities from among themselves,
in such manner as may be prescribed. 20[The Chairperson shall be a full-time functionary of the
Municipality.]

(2) Such number of the offices of Chairmen of Town Panchayats, Chairmen of

Municipal Councils and Mayor of Municipal Corporations shall be reserved for the Scheduled
Castes or, as the case may be, the Scheduled Tribes by the Government and the offices of the
Chairmen of the Town Panchayats, Chairmen of the Municipal Councils and Mayor of the
Municipal Corporations so reserved may be allotted by rotation to different Town Panchayats,
Municipal Councils or, as the case may be, the Municipal Corporations as the 21 [State Election
Commission] may, by notification in the Gazette, determine for each general election.

18. Sub-section (3A) added by Act 14 of 1999, w.e.f. 24-03-1999

19. Substituted for “within three months” by Act 8 of 1996, w.e.f. 28-3-1996
20. Added by Act 14 of 1999, with effect from 1-10-2000.
21. Substituted for the words "Government or an officer authorised by them" by Act 14 of 1999, w.e.f. 24-3-1999.
 (3) The total number of offices of Chairmen in the Town Panchayats, Chairmen in
the Municipal Councils or Mayor of the Municipal Corporations, as the case may be, to be
reserved for the Scheduled Castes and the Scheduled Tribes under sub-section (2) shall bear as
nearly as may be, the same proportion to the total number of offices of Chairmen in the Town
Panchayats, Chairmen of the Municipal Councils or Mayor of the Municipal Corporations, as
the case may be, as the population of the Scheduled Casts or as the case may be, the Scheduled
Tribes, in the Municipalities in the State bear to the total population of the Municipalities.

(4)
22
[Fifty per cent (in the case of fraction, it shall be fixed to the next higher
integer)] of the offices of the Chairpersons in the Town Panchayats, Municipal Councils and
Municipal Corporations reserved under sub-section (2), shall be 23[set apart by Government for
women belonging to Scheduled Castes, or as the case may be, Scheduled Tribes and for each
general election the seats so reserved shall be allotted by the State Election Commission, by
notifications in the Gazette, to different Town Panchayats or Municipal Councils or Municipal
Corporations, as the case may be, by rotation]:

(5) Provided that where the number of offices of Chairpersons reserved for the
Scheduled Castes or as the case may be, the Scheduled Tribes under sub-section (2) is one, that
seat need not be reserved for women belonging to the Scheduled Castes or as the case may be,
the Scheduled Tribes.

(6)
24
[Fifty per cent (in the case of fraction, it shall be fixed to the next higher
integer)] of the total number of offices of the Chairpersons in the Town Panchayats, Municipal
Councils and Municipal Corporations, 25[shall be reserved for women by the Government and
the seats so reserved 26[shall be allotted] by the State Election Commission] 27[including those
reserved under sub-section (4)], by rotation to different Town Panchayats, Municipal Councils
and Municipal Corporations, as the case may be.

(7) Procedure of rotation under sub-section (2) and sub-section (5) shall begin from
the Municipality having the highest percentage of population of the Scheduled Castes or
Scheduled Tribes or women as the case may be, and thereafter to the Municipality having the
next higher percentage of population and shall be so continued in like manner:

Provided that if the Municipality, the office of Chairperson of which is eligible for
reservation for women is the same as the Municipality the office of Chairperson of which is
to be reserved for the Scheduled Castes or Scheduled Tribes, then, in reserving the office of
Chairperson priority shall be given to persons belonging to the Scheduled Castes or as the
case may be, the Scheduled Tribes and in lieu, the office of the Chairperson of the
Municipality, having the next higher percentage of women population in turn shall be
reserved for women.

22. Substituted for the words “not less than one-third" by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No.
1844, dt. 7-10-2009.
23. Substituted for the words "set apart for women belonging to the Scheduled Castes or, as the case may be, the
Scheduled Tribes" by Act 14 of 1999, w.e.f. 24-3-1999.
24. Substituted for the The words “not less than one-third” by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No.
1844, dt. 7-10-2009.
25. Substituted for the words "as the case may be, shall be reserved for women and may be allotted by the Government"
by Act 14 of 1999, w.e.f. 24-3-1999.
26. Substituted for the words "may be allotted by the Government" by Act 14 of 1999, w.e.f. 24-3-1999.
27. Inserted by Act 8 of 1995.
 28
[Provided further that in Municipalities where the office of the Chairperson is to be
reserved for women belonging to Scheduled Castes or Scheduled Tribes and in
Municipalities the highest percentage of population is women, the office of the Chairperson
shall be reserved for women belonging to Scheduled Castes or Scheduled Tribes by
rotation.]
29
[(6a) In the case of an election to the office of the Chairperson reserved for
Scheduled Castes or Scheduled Tribes, a Councillor, if he is not a person elected from a
seat reserved for Scheduled Castes or Scheduled Tribes, as the case may be, shall not be
eligible for election to the office of the Chairperson, unless he produces before the
Returning Officer a Community Certificate issued by a competent officer stating that he is a
member of Scheduled Caste or Scheduled Tribe;
(6b) A Councillor elected to the office of the Chairperson reserved for Scheduled
Castes or Scheduled Tribes who has been proved under the Kerala (Scheduled Castes and
Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996 (11 of 1996) or
under any other law for the time being in force that he does not belong to Scheduled Caste
or Scheduled Tribe, as the case may be, and declared as such he shall not be entitled to
continue in the office of the Chairperson from the date of such declaration and his office as
Councillor shall stand forfeited and the State Election Commission shall declare the offices,
of the Chairperson the Councillor to be vacant.]

(8) No person shall be eligible for being elected as Chairperson unless-

(i) he is elected as Councillor;

(ii) in the case of offices of Chairpersons reserved for the Scheduled Castes or the
Scheduled Tribes, he himself is a member of any of the Scheduled Castes or the Scheduled
Tribes;
(iii) in the case of office of Chairperson reserved for women, such person is a
woman.
30
[(8) The term of office of a Chairperson shall be co-terminus with that of his term as a
Councillor unless he resigns or becomes disqualified to hold the office of a Councillor.]

11. Deputy Chairpersons of the Municipalities.— (1) There shall be a Vice-Chairman

in every Town Panchayat and Municipal Council and a Deputy Mayor in every Municipal
Corporation who shall be elected by the elected Councillors of the respective Municipalities
from among themselves in such manner as may be prescribed.
31
[(1a) In a Municipality where the office of the Chairperson has not been reserved for
women, the office of the Deputy Chairperson shall be reserved for women and the offices so
reserved for Deputy Chairpersons shall be published by notification in the Gazette before the
date of publication of notification for each General Election by the State Election Commission.]
(2) A Deputy Chairperson shall be deemed to have vacated his office-
(i) on his ceasing to be a Councillor on the expiry of his term of office or
otherwise; or
(ii) on his election as Chairperson.

28. Further proviso added by Act 14 of 1999, w.e.f. 24-3-1999.

29. Inserted by Act 30 of 2009, w.e.f. w.e.f. 7*10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009.
30. Sub-section (8) substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution sub-section (8) read as under:
“(8) The term of office of a Chairperson shall be co-terminus with the term of the Municipality unless he resigns sooner or
is removed from office or becomes disqualified to hold the office of a Councillor.”
31. Inserted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009.
 (3) Where the office of a Chairperson is vacant, the Deputy Chairperson shall exercise
the powers and discharge the duties of the Chairperson until a newly elected Chairperson
assumes office.
(4) (a) Where the office of a Chairperson is vacant and there is vacancy in the office of
Deputy Chairperson or the Deputy Chairperson has been continuously absent from jurisdiction
for more than fifteen days or is incapacitated, the Chairman of the Standing Committees in the
order referred to in sub-section (1) of section 20 shall, until a new Chairperson or Deputy
Chairperson is elected and assumes office, or the Deputy Chairperson returns to jurisdiction or
recovers from his incapacity, as the case may be, shall exercise the powers and perform the
functions of the Chairperson.
(b) Where a Chairperson has been continuously absent from jurisdiction for more than
fifteen days or is incapacitated and there is vacancy in the office of the Deputy Chairperson or
the Deputy Chairperson has been continuously absent from jurisdiction for more than fifteen
days or is incapacitated and 32[x x x], the Chairmen of the Standing Committees in the order
referred in sub-section (1) of section 20 shall exercise the powers and perform the functions of
the Chairperson until the Deputy Chairperson returns to jurisdiction or recovers from his
incapacity, as the case may be.
(c) Where there are no Chairmen of Standing Committees to hold the office of the
Chairpersons as provided under clauses (a) and (b), an elected Councillor nominated by the
Government shall exercise the powers and perform the duties of the Chairperson of the
Municipality for the period referred to in the said clause.

12. Election of the Chairperson and Deputy Chairperson.— (1) The meeting to elect
the Chairperson or Deputy Chairperson shall be convened within three weeks from the date of
publication of the names of the elected Councillors, by the State Election Commission, on such
date as may be fixed by the State Election Commission.
(2) The State Election Commission shall designate or nominate an officer of the
Government as the returning officer for the election of the Chairperson or Deputy Chairperson.
(3) It shall be the duty of the returning officer to do all such acts and things as are
necessary for the efficient conduct of the election, in the manner prescribed.
33
[(3A) Election shall be by means of open ballot and the Councillor who casts his vote
shall write his name and affix his signature on the reverse side of the ballot paper.]
(4) The State Election Commission shall publish the result of the election of the
Chairperson and Deputy Chairperson, in such manner as may be prescribed.
(5) Where the Chairperson or the Deputy Chairperson could not be elected at an
election conducted in accordance with this Act, a fresh election 34[shall be conducted within
forty-five days] for the election of the Chairperson or Deputy Chairperson, as the case may be.
(6) Where any dispute arises as to the validity of the election of the Chairperson or
Deputy Chairperson of a Municipality any Councillor of that Municipality may file a petition
before the District Court having jurisdiction over the area of the headquarters of that
Municipality, for decision and such decision shall be final.
32. The words “the Chairperson has not delegated his functions to any Councillor under sub-section (3) of section 18”
omitted by Act 14 of 1999, w.e.f. 24-3-1999.
33. Sub-section (3A) added by Act 11 of 1999, w.e.f. 2-10-1995.
34. Substituted for the words “shall be conducted within six months” by Act 14 of 1999, w.e.f. 24-3-1999.
 35
[(6A) The validity of election of the Chairperson or Deputy Chairperson shall not be
called in question on the ground of any vacancy of the office of the Councillors or any of the
Councillor was absent in the election meeting.]
(7) Every petition referred to in sub-section (6) shall be disposed of in accordance
with the procedure prescribed to be followed while trying a suit under the Code of Civil
Procedure, 1908 (Central Act 5 of 1908).
(8) Any casual vacancy in the office of the Chairperson or Deputy Chairperson of a
Municipality shall be reported by the Secretary to the State Election Commission, in such
manner as may be prescribed, and the State Election Commission shall, in accordance with the
provisions of this Act, take steps for the election of a Chairperson or Deputy Chairperson, as the
case may be.
36
[(8A) The State Election Commission may declare the office of the Chairperson or
Deputy Chairperson; as vacated on his own motion where the person has not entered upon his
office, without sufficient cause, by taking oath or affirmation within a period of fifteen days
from the date he was declared elected as such as Chairperson or Deputy Chairperson.]

37
[13. 38[Honorarium and Allowances] to Chairperson, Deputy Chairperson and
Councillors of Municipalities.— (1) The Chairperson, Deputy Chairperson and other
Councillors of a Municipality shall be paid 38[honorarium and allowances] of such rates as may
be prescribed.
(2) The Chairperson and Deputy Chairperson of a Municipality shall be eligible while
travelling in public purpose for travelling allowances and daily allowance at such rates as may
be prescribed.]
14. Functions of the Chairperson.— The Chairperson of a Municipality shall-
(a) convene the meetings of the Council;
(b) exercise the powers and discharge the duties specifically conferred or imposed on
him by this Act; and
(c) exercise overall supervision over the working of the Municipality and shall
co-ordinate the functions of the Municipality, the Secretary and the Committees thereof.
15. Powers of Chairperson.— (1) Subject to the provisions of this Act, the
Chairperson shall have powers of inspection and may give such directions and orders as he
thinks fit with regard to the implementation of any resolution of the Council or Committees in
the discharge of any function of a Municipality and the Secretary shall be bound to comply with
such direction.
(2) Except as otherwise provided in this Act or thereunder, the administrative powers
to implement the provisions of this Act and the resolutions passed by a Council, shall be vested
in the Chairperson and he shall be directly responsible for the proper discharge of the functions
imposed by or under this Act.

35. Sub-section (6A) added by Act 14 of 1999, w.e.f. 24-3-1999.

36. Sub-section (8A) inserted by Act 34 of 2005, w.e.f. 24-8-2005.
37. Substituted by Act 8 of 1995.
38. Substituted for “allowances” by Act 8 of 1996, w.e.f. 1-10-1995.
 (3) Without prejudice to the generality of the foregoing provisions the Chairperson
shall-
(a) preside over and control the proceedings of the meetings of the council of the
Municipality of which he is the Chairperson;
(b) supervise and control the acts done and steps taken by the officers and employees
of the Municipality, prepare the confidential report of the Secretary and also review the
confidential reports prepared by the Secretary in respect of other employees;
(c) meet the contingent expenses to such extent, as may be fixed by the Government
from time to time;
(d) authorise the payment and repayment of money relating to the Municipality;
(e) cause to be prepared the statements and reports required to be prepared by or under
this Act;
(f) exercise such other powers and perform such other functions that may be
conferred or entrusted under the provisions of this Act or the rules made thereunder.
(4) The Chairperson may, in emergent circumstances, direct the execution of any
work or performance of any act, in respect of which sanction of the Council is necessary and in
his opinion the immediate execution or performance of which is necessary for the safety of the
public and may also direct that the expenses incurred for the execution of such work or
performance of such act be paid from the fund of the Municipality;
Provided that,--
(a) no act shall be done under this section in contravention of any decision of the
Council prohibiting the execution of any work or the performance of any particular act; and
(b) the steps taken under this sub-section and the reasons therefore shall be reported at the
next meeting of the Council and its approval obtained.
39
[(5) The Chairperson shall call the Secretary or any officer or employee under the
control of Municipality including the Government Officer or employee transferred by the
Government to the service of the Municipality to discuss with him on any matters relating to the
functions and administration of the Municipality which are vested in or delegated to the
Municipality by or under this Act, and it shall be the duty of such officer or employee to attend
such discussion or the meetings convened by the Chairperson.
(6) The Chairperson shall have the power to suspend from service any officer or
employee in the service of Municipality if necessary, other than the Secretary and other
Government Officers in the Gazetted rank, transferred to the service of the Municipality, where
disciplinary action have to be taken against them, on grounds of gross negligence of duty,
dereliction of duty and violation of rules and standing orders:
Provided that the Chairperson shall place the order of suspension before the Council in
its next meeting and get the order ratified by the Council, failing which the order shall stand
invalid.

39. Sub-section (5), (6), (7) & (8) added by Act 14 of 1999
 (7) The Chairperson shall have the power to call for from the Secretary or any other
officer under the Municipality, any file and record in writing relating to the administration of the
Municipality and issue directions and orders thereon in accordance with the provisions of this
Act, rules or standing orders made thereunder:
Provided that the Chairperson shall not call for the files and records which are related to
the exercise of statutory functions regarding Municipal Administration vested only in the
Secretary or any other officer.
(8) The Chairperson shall refer to the Government for decision at once, any resolution
passed by the council which in his opinion has not been legally passed or is in excess of power
conferred by this Act or any other law or if carried out is likely to endanger human life or health
or public safety.]

16. Access to records and channel of correspondence.— (1) The Chairperson shall
have power to inspect all records of the Municipality and direct the Secretary to submit such
records as he thinks necessary, for inspection.
40
[(2) All official correspondence from the Secretary to the Government and to any
other authority not below the rank of district level officer of the Government and vice-versa,
shall be routed through the Chairperson:
Provided that all correspondences to the Government or other local authorities except
that the Chairperson by general or special order authorises the Secretary in this behalf shall have
the approval of Signature of the Chairperson:
Provided also that where the correspondences are in respect of a resolution of the
council passed in contravention to any of the provisions in this Act or Rules and to furnish any
information or statement or record as requested by the Government, the Secretary may address
the Government directly.]
(3) The Chairperson shall be bound to transmit all the communications addressed
through him by the Secretary to the Government or other authority, as the case may be, and vice
versa, as early as possible.
17. The Chairperson to be a member of every Committee.— The Chairperson shall
be an ex-officio member of every Committee of a Municipality and shall have all powers of a
member of such Committee except the right to vote.
18. Delegation and devolution of functions of Chairperson.— (1) The Chairperson
may, by order in writing, delegate any of his functions to the Deputy Chairperson:
Provided that he shall not delegate any of his functions which the Council expressly
prohibits him from delegating.
(2) Where the Chairperson is continuously absent from jurisdiction for more than
fifteen days or is incapacitated, his functions shall, during such absence or incapacity, devolve
on the Deputy Chairperson:

40. Sub-section (2) substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution sub-section (2) read as
under:
“(2) All official correspondence from the Secretary to the Government and to other authorities, not below the rank of
Collector and vice versa, shall be through the Chairperson.”
 Provided that where the Chairperson is within the State during such absence and is on
business connected with the affairs of the Municipality, his functions shall not devolve on the
Deputy Chairperson.
(3) Where the Deputy Chairperson also is continuously absent from jurisdiction for
more than fifteen days or is incapacitated or the office of the Deputy Chairperson is vacant,
41
[the Chairperson shall, by an order in writing, delegate his functions to Chairman of Standing
Committee] in the order specified in sub-section (1) of Section 20.
(4) Every order made under sub-section (3) shall be communicated forthwith to the
Council.
(5) Where an order of delegation of functions of Chairperson made under sub-section
(3) is in force, no further delegation of any function shall be made in favour of any Chairman of
Standing Committee other than the Councillor in whose favour such order was made.
(6) The discharge of 42[the functions delegated under sub-section (1) or sub-section
(3) and of the functions devolved under sub-section (2)], shall be subject to such restrictions,
limitations and conditions, as may be laid down by the Chairperson and shall also be subject to
his control and revision.
(7) The Chairperson may, by an order in writing, delegate to the Secretary the powers
and functions vested in him to meet the expenses relating to administration.
19. Motion of no-confidence.— (1) A motion expressing want of confidence in the
Chairperson or Deputy Chairperson 43[x x x] may be moved in accordance with the procedure
laid down in this section.
(2) Written notice of the intention to make the motion in such form, as may be
prescribed, signed by such number of elected Councillors as shall constitute not less than one-
third of the sanctioned strength of the Council together with a copy of the motion which is
proposed to be made, shall be delivered by any one of the Councillors signing the notice, in
person to the officer authorised by the 44[State Election Commission] in this behalf.
(3) The Officer authorised under sub-section (2) shall, thereupon, convene a meeting
of the elected Councillors of the Council for consideration of the motion, to be held at the office
of the Municipality at a time appointed by him which shall not be later than fifteen days from
the date on which the notice under the said sub-section was delivered to him. He shall give to
the elected Councillors notice of not less than ten clear days of such meeting and of the time
appointed therefor and shall exhibit the said notice in the Municipal Office.
45
[(4) The meeting convened under this section shall be presided over by an officer
authorised by the “State Election Commission” under sub-section (2)].
46
[(4A) x x x]

41. Substituted by Act 8 of 1995.

42. Substituted for “the functions delegated under sub-section (1) and of the functions devolved under sub-section
(2) or sub-section (3)” by Act 14 of 1999, w.e.f. 24-3-1999.
43. The words “or the Chairman of a Standing Committee” omitted by Act 14 of 1999, w.e.f. 24-3-1999.
44. Substituted for “Government” by Act 14 of 2000, w.e.f. 18-1-2000.
45. Sub-section (4) Substituted by Act 14 of 2000, w.e.f. 18-1-2000.
46. Sub-section (4A) omitted by Act 14 of 2000, w.e.f. 18-1-2000. Prior to the substitution sub-section (4A) as inserted
by Act 14 of 1999, w.e.f. 24-3-1999 read as under:
“(4A) The Officer authorised under sub-section (2) shall attend the meeting convened asper this Section as an
observer.”
 (5) A meeting convened for considering a motion under this section shall not except
for reasons beyond control, be adjourned.
(6) As soon as the meeting commences, the person presiding shall read at the meeting
the motion for the consideration of which it has been convened, and declare it to be open for
debate.
(7) A debate under sub-section (6) shall not, except for reasons beyond control, be
adjourned.
47
[(8) The officer presiding over the meeting shall not speak on the merits and de-merits
of the motion and shall not be entitled to vote].
(9) The debate shall automatically terminate on the expiry of four hours from the time
appointed for the commencement of the meeting, if it is not concluded earlier. Upon the
conclusion of the debate or upon the expiry of the said period of four hours, as the case may be,
the motion shall be put to vote, 48[which shall be by means of open ballot and the Councillor who
casts his vote shall write his name and affix his signature on the reverse side of the ballot paper.]
(10) On the conclusion or the termination, as the case may be, of the meeting, a copy of
the minutes of the meeting together with a copy of the motion and the result of the voting thereon
49
[and a report on the proceedings of the meeting shall forthwith be forwarded to the
Government by the officer authorised under sub-section (2)] by the person who presided over the
meeting to the Government.
50
[(11) If the resolution is passed with the support of the majority of the sanctioned
strength of Councillors of the Municipality notified under Section 6, after that the Chairperson or
the Deputy Chairperson, as the case may be, shall cease to hold office and such office shall be
deemed to fall vacant forthwith and the officer authorised under sub-section (2) shall report to
the Government and the State Election Commission the vacancy in the said posts and shall cause
to publish the fact in the notice board of the Municipality and the Government immediately on
receipt of such report shall notify in the Gazette, the cessation of office by the Chairperson of
Deputy Chairperson as the case may be.]
(12) If the motion is not carried by a majority as specified in sub-section (11), or if the
meeting could not be held for want of quorum, no notice of any subsequent motion expressing
want of confidence in the same Chairperson or the Deputy Chairperson 51[x x x], as the case may
be, shall be entertained until after the expiry of six months from the date of the meeting.
(13) No notice of a motion under this section shall be entertained within six months of
the assumption of office by a Chairperson or a Deputy Chairperson 52[x x x], as the case may be.

47. Sub-section (8) substituted by Act 33 of 2005, w.e.f. 24-8-2005. Prior to the substitution it read as under:
“(8) The person presiding over the meeting shall not speak on the merits of the motion but shall be entitled to
vote thereon without the right to exercise casting or a second vote”
48. Substituted for “which shall be by meansof secret ballot” by Act 11of 1999, w.e.f. 2-10-1995.
49. Substituted for the words “shall forthwithbe forwarded” by Act 14of 1999, w.e.f. 24-3-1999.
50. Sub-section (11) substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution sub-section (11) TM)
IHhTmotion is carried with the support of more than one half of the sanctionedstrengthof theCouncill^ of the
Municipality, the Chairperson or the Deputy Chairperson or Chairman of the Standing Comm’ttee case may
be, shall thereafter cease to function as such and the Government shall, notify the fact of his removal from
office.”
51. The words “or the Chairman of the Standing Committee” omitted by Act 14 of 1999, w.e.f. 24-3-1999.
52. The words “or the Chairman of a Standing Committee” omitted by Act 14 of 1999, w.e.f. 24-3-1999.
 STANDING COMMITTEES
53
[20. Standing Committees.— In every Municipality there shall be constituted
Standing Committees as follows, namely:—
(A) in a Town Panchayat (1) Standing Committee for Finance
(2) Standing Committee for Development
(3) Standing Committee for Welfare
54
[(4) Standing Committee for Health and Education]
(B) in a Municipal Council (1) Standing Committee for Finance
(2) Standing Committee for Development
(3) Standing Committee for Welfare
55
[(4) Standing Committee for Health]
(5) Standing Committee for Works
56
[(6) Standing Committee for Education, Arts and
Sports]
(C) in a Municipal Corporation (1) Standing Committee for Finance
(2) Standing Committee for Development
(3) Standing Committee for Welfare
57
[(4) Standing Committee for Health]
(5) Standing Committee for Works
(6) Standing Committee for Town Planning
(7) Standing Committee for Appeal relating to Tax
58
[(8) Standing Committee for Education]
59
[21. Constitution and Election to the Standing Committee.— 60[(1) Every Standing
Committee shall consist of such number of members including its Chairperson as may be
prescribed and in every Standing Committee, of the members to be elected under sub-section
(3), one place shall be reserved for women and all other councillors except the Chairperson and
the Deputy Chairperson, shall be elected as a member in any of the Standing Committee.]

53. Section 20 substituted by Act 14 of 1999 with effect from 1-10-2000. Prior to the substitution Section 20 read as
under:
“20. Standing Committees.— (1) In every Municipality there shall be constituted; Standing Committees as follows,
namely:-
(A) in a Town Panchayat One Standing Committee;
(B) in a Municipal Council (1) The Standing Committee for Taxation, Finance and Accounts;
(2) The Standing Committee for Public Works;
(3) The Standing Committee for matters relating to Health and matters
relating to Environment.
(C) in a Municipal Corporation (1) The Standing Committee for Taxation, Finance and Accounts;
(2) The Standing Committee for Public Works;
(3) The Standing Committee for Health; .
(4) The Standing Committee for Town Planning, Tradition and Heritage;
(5) The Standing Committee for Appeals relating to Tax.
(2) Notwithstanding anything contained in sub-section (1) the Government may, if considered necessary so to do,
constitute a Standing Committee for Appeals relating to Tax and Town Planning in a Municipality other than a
Municipal Corporation, in such manner as they may deem fit.”
54. Inserted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No. 1844, dt 7-10-2009
55 The word “Standing Committee for Health Education” substituted by Act 30 of 2009, w.e.f. 7-10-2009.
56. Inserted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No. 1844 dt. 7-10-2009.
57. The words “Standing Committee for Health Education” substituted by Act 30 of 2°09,w.eJ. 7-10-2009.
58. Inserted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009.
59. Section 21 substituted by Act 14 of 1999 with effect from 1-10-2000.
60. Sub-section (1) substituted by Act 30 of 2009, w.e.f. 7-10-2009.
 61
(2) [x x x]

(3) In every Standing Committee, there shall be members elected by the councillors
from among themselves under the proportional representation system by single transferable vote
and no Councillor shall be a member of more than one Standing Committee at the same time.
62
[(3a) The members to be elected for each Standing Committee shall be elected under
the guidance, supervision and control of the State Election Commission as prescribed and the
State Election Commission shall designate or nominate thereto an officer of the Government or
Local Self Government Institution to be the Returning Officer.]

(4) The Chairman of any Standing Committee other than the Standing Committee for
Finance shall be elected by the members of the respective Standing Committee from among
themselves.
63
[4a) In a Town Panchayat where the office of the Deputy Chairperson is reserved for
women, the office of Chairman of a Standing Committee except that of the Standing Committee
for Finance and in a Town Panchayat, where the office of the Deputy Chairperson is not
reserved for women, the offices of Chairmen of the two Standing Committees except that of the
Standing Committee for Finance shall be reserved for women.

(4b) In a Municipal Council where the office of the Deputy Chairperson is reserved for
women, the offices of Chairmen of two Standing Committees except that of the Standing
Committee for Finance and in a Municipal Council, where the office of the Deputy Chairperson
is not reserved for women, the offices of Chairmen of the three Standing Committees except that
of the Standing Committee for Finance shall be reserved for women.

(4c) In a Municipal Corporation where the office of the Deputy Mayor is reserved for
women, the offices of Chairmen of the three Standing Committees except that of the Standing
Committee for Finance and in a Municipal Corporation where the office of the Deputy Mayor is
not reserved for women, the offices of Chairmen of the Four Standing Committees except that of
Standing Committee for Finance shall be reserved for women.

(4d) The State Election Commission shall after each General Election, distribute the
offices of Chairmen of the Standing Committees reserved among the different Standing
Committees by rotation, in the order of Standing Committees specified in Section 20.

(4e) The Chairman of any other Standing Committee except that of the Standing
Committee for Finance shall be elected under the guidance, supervision and control of the State
Election Commission as prescribed and the State Election Commission shall designate or
nominate thereto an officer of the Government or Local Self Government Institution to be the
Returning Officer.]
(4) The Deputy Chairperson shall be the ex-officio member and the Chairman of the
Standing Committee for Finance.

61. Sub-section (2) Omitted by Act 30 of 2009, w.e.f. 7-10-2009.

62. Sub-section (3a) inserted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009.
63. Sub-section (4a) to (4e) inserted by Act 30 of 2009, w.e.f. 7-10-2009.
 (5) The Chairperson shall be an ex-officio member of every Standing Committee
without any right to vote.
(6) A Councillor elected as a member or Chairman of a Standing Committee shall
hold office as the member or Chairman of that Committee till the expiry of his term of office as
Councillor unless he resigns from such office.
(7) The election to fill up a casual vacancy of a member of the Standing Committee
shall be held within thirty days from the date of occurrence of such vacancy:
Provided that in cases where the vacancy in a Standing Committee cannot be filled up due
to the vacancy in the place of a Councillor, the vacancy in the Standing Committee shall be
filled up within thirty days from the date of filling up of the vacancy of the Councillor.
(8) Subject to the conditions and proceedings prescribed, a motion of no-confidence
in respect of the Chairman of Standing Committee, other than the Standing Committee for
Finance may be moved and such a motion, if passed, with the support of not less than a majority
of the total number of members of the Standing Committee, the Chairman of that Standing
Committee shall cease to hold office and he shall be deemed to have vacated the office of the
Chairman of that Standing Committee]

64
[22. Function of the Standing Committee.— (1) The powers and functions of the
Standing Committees of the Municipality shall be as follows, namely:—
(a) The Standing Committee for Finance in a Town Panchayat,
(i) shall supervise the utilisation of the budget grants and watch carefully the timely
assessment and collection of taxes, fees, rents or other sums due to the Town Panchayat;
(ii) shall inspect frequently the, accounts of the Town Panchayat;
(iii) shall watch carefully the release of the grant by the Government and its proper
utilisation;
(iv) shall conduct monthly audit of the accounts and check the monthly demand,
collection and balance and abstract of receipts and expenditure of the preceding month as
furnished by the Secretary.
(v) may, subject to such rules as may be prescribed, write off such sums due to the
Council as appears to the Committee as irrecoverable;
(vi) shall scrutinise the annual statement of accounts, demands collection and balance;

(vii) shall prepare and present the budget estimates before the council as provided under
Section 286;
(viii) shall verify whether any amount prepared to be expended by the Town Panchayat is
within the budget provision approved by the Council and whether there is sufficient fund for this
purpose;
(ix) shall enquire in to the allegations against the employees of the Town Panchayat, if
directed by the Council and to bring the result of it into the notice of the Council;

64. Section 22 substituted by Act 14 of 1999 with effect from 01.10.2000

 (x) shall dispose of appeals on taxation and to give directions to the Secretary to levy
tax in respect of cases which escaped assessment and to reassess undervalued cases.
(b)The Standing Committee for Development of the Town Panchayat shall deal with
matters of agriculture, soil conservation, social forestry, “dairy development, animal husbandry,
minor irrigation, fisheries, small scale industry, institutional finance, public works, housing,
town planning including regulation of building constructions, environment, electricity, water
supply, drainage and sewage and shall prepare the development plan for the Town Panchayat
integrating socio-economic and spatial plans;
65
[(c) The Standing Committee for the Welfare of the Town Panchayat shall deal with
the matters of development of women and children, development of Scheduled Castes and
Scheduled Tribes, social welfare, social security pensions and financial assistance, slum
improvements, poverty eradication and public distribution system;
(ca) The Standing Committee for Health and Education of the Town Panchayat shall
deal with the matters of public health and health services, sanitation, education, arts and culture
and sports.]
(d) The Standing Committee for Finance of Municipal Council,—
(i) shall supervise the utilization of the budget grants and watch carefully the timely
assessment and collection of taxes, fees, rents and other sums due to the Municipal Council;
(ii) shall inspect frequently the accounts of the Municipal Council;

(iii) shall watch carefully the release of grants by the Government and its proper
utilization
(iv) shall conduct monthly audit of accounts and check the monthly demand, collection
and balance and abstract of receipts and expenditure of the preceding month as furnished by the
Secretary;
(v) may, subject to such rules as may be prescribed, write off such sums due to the
Council as appear to the Committee as irrecoverable;
(vi) shall scrutinize the annual accounts, demands, collection and balance;
(vii) shall prepare and present the budget estimate before the council under Section
286;
(viii) shall verify whether any amount proposed to be expended by the Municipal
Council is within the budget provision approved by the Council and whether there is sufficient
fund for this purpose;
(ix) shall enquire into the allegations against the employees of the Municipal Council
if directed by the Council and to bring the result of it to the notice of the Council;
(x) shall dispose of appeals on taxation and to give directions to the Secretary to levy
tax in respect of cases which escaped assessment and to reassess undervalued cases.

65. Clause (c) substituted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009. Prior to
the substitution clause (c) read as under:
"(c) The Standing Committee for Welfare of the Town Panchayat shall deal with matters relating to the Welfare of
Women and Children, development of scheduled caste and scheduled tribes, social welfare, social security pensions
and financial assistance, slum improvement poverty alleviation, public distribution system, public health and health
services sanitation, education, arts and culture and sports;
 (e) The Standing Committee for Development of the Municipal Council shall deal
with matters of agriculture, soil conservation, social forestry, animal husbandry, dairy
development, minor irrigation, fisheries, small scale industry, co-operation and institutional
finance and shall prepare the development plans for the Municipal Council integrating the
proposals of other Standing Committees;
(f) The Standing Committee for Welfare of the Municipal Council shall deal with
matters relating to the welfare of women and children, development of scheduled castes and
scheduled tribes, social welfare, social security pension and financial assistance, poverty
alleviation, slum improvement and public distribution system;
66
[(g) The Standing Committee for Health of the Municipal Council shall deal with the
matters of public health, health services, sanitation and control of dangerous and offensive
trade;]
(h) The Standing Committee for Works of the Municipal Council shall deal with
matters of public works, housing, town planning including regulation of building constructions,
environment, electricity, water supply, drainage and sewerage;
67
[(ha) The Standing Committee for Education, Arts and Sports of the Municipal
Council shall deal with matters of education, art, culture and sports.]
(i) The Standing Committee for Finance of the Municipal Corporation,—
(i) shall supervise the utilization of budget grants and watch carefully the timely
assessment and collection of taxes, fees, rents and other sums due to the Municipal Corporation;
(ii) shall inspect frequently the accounts of Municipal Corporation;
(ii) shall watch carefully the release of grants from the Government and its proper
utilization;
(iv) shall conduct monthly audit of accounts and check the monthly demand, collection
and balance and abstract of receipts and expenditure of the preceding month as furnished by the
Secretary;

(v) may, subject to such rules as may be prescribed, write off the sums due to the
Council as appears to the Committee as irrecoverable;

(vi) shall scrutinise the annual accounts, demands, collection and balance;

(vii) shall prepare and present the budget estimate before the Council under Section
286;
(viii) shall verify whether any amount proposed to be expended by the Municipal
Corporation is within the budget provisions approved by the Council and whether there is
sufficient fund for this purpose;

66. Clause (g) substituted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009. Prior to the
substitution clause (g) read as under:
“(g) The Standing Committee for Health and Education of the Municipal Council shall deal with the matters of
public health and health services, sanitation, control of dangerous and offensive trade, education, art, culture and
sports etc.;”
67. Clause (ha) Inserted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009.
 (ix) shall enquire into the allegations against the employees of the Municipal
Corporation if directed by the Council and bring the result of it to the notice of the Council;

(j) The Standing Committee for development of the Municipal Corporation shall deal
with matters of agriculture, soil conservation, social forestry, animal husbandry, dairy
development, minor irrigation, fisheries, small scale industries, co-operation, institutional
finance and prepare the development plans of the Municipal Corporation integrating the
proposal of other Standing Committees;

(k) The Standing Committee for Welfare of the Municipal Corporation shall deal with
matters of Welfare of women and children, development of Scheduled Caste and Scheduled
Tribe, Social Welfare, Social Security Pension and Financial Assistance, Slum improvement
68
[poverty eradication] and Public distribution system;

69
[(l) The Standing Committee for Health of the Municipal Corporation shall deal with
the matters of public health, health services, sanitation and control of dangerous and offensive
trade.]

(m) The Standing Committee for Works of the Municipal Corporation shall deal with
matters of public works, housing, electricity, water supply, drainage and sewerage;

(n) The Standing Committee for Town-Planning of the Municipal Corporation shall
deal with matters of town planning including regulation of building constructions, environment,
urban beautification, promotion of art and culture and preservation of monuments and places and
buildings of archaic importance; heritage value and natural beauty;

(o) The Standing Committee for Appeal relating to Tax of the Municipal Corporation
shall dispose of appeals on taxation and give directions to the Secretary to levy tax in respect of
cases which escaped assessment and to reassess undervalued cases.

70
[(p) The Standing Committee for Education and sports of the Municipal Corporation
shall deal with matters of education and sports.]

(2) The Standing Committee of the Municipalities may, exercise such other powers
and discharge such other functions as entrusted to it by the Council in the respective subjects in
addition to the powers and functions conferred on it under sub-section (1).

(3) Every resolution passed by the Standing Committee shall be placed in the next
meeting of the Council and the Council shall have power to modify the same if found
necessary].

68. Inserted by Act 33 of 2005, w.e.f. 24-8-2005.

69. Clause (I) substituted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009. Prior to the
substitution clause (I) read as under:
“(I) The Standing Committee for Health and Education of the Municipal Corporation shall deal with matters of
public health and health services, sanitation, education and sports.”
70. Clause (p) inserted by Acta 30 f 2009, w.e.f 7-10-2009, published in K.G.Ex. No. 1844, dated 07-10-2009.
 23. Steering Committee.— 71[(1) In every Municipality there shall be a Steering
Committee consisting of the Chairperson, Deputy Chairperson, and Chairmen of Standing
Committees and Chairperson shall be the Chairman of the said Committee.]
(2) Steering Committee shall,-
(a) co-ordinate and monitor the functioning of the Standing Committees,
72
[(b) x x x]
(c) discharge the powers and functions entrusted to it by the Council.

73
[24. x x x]

25. Committee’s power to call for records etc.— Notwithstanding anything contained
in this Act, a Standing Committee may, for the discharge of the functions assigned to it, require
the Secretary or any other employee of the Municipality to produce any record, report, return,
document and other particulars and may require him to be present at the meeting of the
Committee for seeking further information, as it may deem fit, and he shall be bound to comply
with such requisition.

26.74[Functions of the Chairman of the Standing Committee].— 75[(1),(2) xxx]

76
[( 1)] The Chairman of a Standing Committee shall preside at its meetings and in his
absence, a member chosen by the members present from among themselves shall preside over
the meeting.
(2) A member presiding at a meeting of the Standing Committee shall, while so
presiding, have all the powers and be subject to all the obligations of the Chairman.
(3) The person presiding over the meeting shall control the meeting and shall decide
all points of order and procedure arising at or in connection with a meeting.

71. Sub-section (1) substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution sub-section (1) read as under:
"(1) In every Municipal Corporation there shall be a Steering Committee consisting of the Mayor, Deputy Mayor and Chairman
of the Standing Committee and the Mayor shall be the Chairman of the said Committee."
72. Clause (b) omitted by Act 14 of 1999, w.e.f. 24-3-1999. The omitted clause (6) read as under:
"(b) examine the functioning of the ward committees and give them guidelines"
73. Section 24 omitted by Act 14 of 1999, w.e.f. 24-3-1999. The omitted Section 24 read as under:
"24. Joint Committee.— A Municipal Council may, if considered necessary, constitute a Joint Committee of the Standing
Committees for any purpose in respect of which they may be jointly interested and the Chairperson may nominate the
Chairman of any Standing Committee as the Chairman of the Joint Committee."
74. Substituted for the marginal heading "Election of Chairman of Standing Committee and its Presidency" by Act 14 of 1999,
w.e.f. 24-3-1999.
75. Sub-section (1) & (2) omitted by Act 14 of 1999, w.e.f. 24-3-1999.
76. Sub-sections (3), (4) & (5) renumbered as Sub-sections (1) (2) & (3) after omitting sub-section (1) & (2) by Act 14 of 1999. w.e.f.
24-3-1999.
 27. Term of office of Chairman of Standing Committee.— (1) The Chairman of a
Standing Committee,77[other than that of a Standing Committee for Finance] may, unless sooner
resigns, hold office as such so long as he continues as a member of that Committee.
(2) Where a vacancy occurs in the office of a Chairman referred to in sub-section (1),
the Standing Committee shall at its next meeting, elect a member to be its Chairman.
(3) A member elected under sub-section (2) shall hold office for the remaining term of
office of the person in whose place he was elected.
(4) Where a vacancy occurs in the office of Chairman 78[of a Standing Committee for
Finance], a member chosen by the members of that Committee from among themselves shall act
as Chairman until a person to fill the vacancy is elected.
79
[28. Power to resign.— (1) A member other than an ex-officio member of a Standing
Committee and the Chairman of a Standing Committee other than the Standing Committee for
Finance may resign his Chairmanship or membership, as the case may be, of the Standing
Committee by tendering resignation to the Secretary in the form prescribed and the resignation
shall take effect from the date of its receipt by the Secretary and the Secretary shall report the
fact forthwith to the Chairperson and the Council 80[and the State Election Commission].
(2) The person who resigns his membership or chairmanship of the Standing
Committee may, either tender his resignation directly or send through registered post if such
resignation letter is attested by a gazetted officer, as the case may be, to the Secretary and the
Secretary shall acknowledge receipt of the same.
(3) If a Standing Committee cannot function effectively due to the resignation of the
majority of the members therefrom, or due to any other reason, the powers and functions of that
Standing Committee shall vest in the Steering Committee till its reconstitution]

THE COUNCIL
29. Administration of Municipality.— Subject to the provisions of this Act, the
Administration of the Municipality shall vest in the Council, and the Council shall, if necessary,
be entitled to exercise, in the manner prescribed, the functions expressly assigned by or under
this Act or any other law to the Chairperson, the Secretary, a Standing Committee or any other
Committee.

77. Substituted for “other than that of a Standing Committee for Taxation, Finance and Accounts” by Act 14 of 1999,
w.e.f. 24-3-1999.
78. Substituted for “of a Standing Committee for Taxation, Finance and Accounts” by Act 14 of 1999, w.e.f. 24-3-1999.
79. Section 28 substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution Section 28 read as under: “28.
Power to resign.— (1) A member of a Standing Committee, otherthan the Chairman, may resign from the
Committee by giving notice to the Chairman of that Standing Committee.
(2) The Chairman of a Standing Committee may resign from his office by giving notice to the Chairperson of the
Municipality.
(3) A resignation under sub-section(l) or sub-section (2) shall take effect from the date on which it is received by the
Chairman of the Standing Committee or the Chairperson of the Municipality, as the case may be.”
80. Added by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009.
 30. Powers, functions and responsibilities of Municipality.— 81[1) The
administration of a Municipal area in respect of the matters enumerated in the First Schedule
shall, subject to the provisions of this Act and such other provisions as may be prescribed in this
behalf and the provisions of other Acts and the rules made thereunder vest in the Municipality
and it shall have the power and responsibility to prepare and implement schemes for economic
development and social justice in relation to the matters enumerated in the First Schedule:
Provided that, it shall be the duty of the Municipality to render necessary service to the
inhabitants of the Municipal area in respect of the matters enumerated as mandatory functions in
the First Schedule];
(2) Municipality shall have such powers, authority and responsibilities of the
Government 82[as prescribed], to enable it to function as an institution of self government in
respect of the matters entrusted to it.
(3) The Government shall, as soon as may be after the coming into force of this Act,
transfer all institutions, schemes, buildings, other properties, assets and liabilities connected with
the matters mentioned in the First Schedule, to the Municipalities concerned.
(4) The Central and State Plan allocations, for the time being in force and the annual
budget allocation in respect of the subjects transferred to the Municipalities by the Government
shall be wholly allotted to the respective Municipalities.
83
[(5) The municipality shall manage to institutions and administer the schemes
transferred to it, subject to the guidelines and technical directions from the Government and in
accordance with the State and National policies.
(6) Every institutions transferred by Government to the Municipality shall be in the
name of that Municipality and shall be known accordingly.
(7) The Municipality shall not have power to sell, transfer, alienate or mortgage any
property transferred to it under sub-section (3).
(8) Government may resume any property transferred to the Municipality, if it is no
more required by the Municipality for the purpose for which it was so transferred.
(9) There shall be constituted a Managing Committee consisting of not more than
fifteen members including its chairman in the prescribed manner for public health institutions
transferred to the Municipality.
(10) Where any scheme, project or plan involves selection of beneficiaries, the criterion
for the eligibility and priority for such selection shall be determined by the Municipality subject
to the terms and conditions of the scheme, project or plan and such criteria shall be published in
the prescribed manner and shall be intimated to the Ward Committee or the Ward Sabha
concerned.

81. Sub-section (1) substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution sub-section (1) read as
under:
“(1) Subject to the provisions of this Act and to such conditions as may be prescribed, the Administration of a
municipal area in respect of the matters enumerated in the First Schedule shall vest in the Municipality”
82. Substituted for “as may be necessary” by Act 14 of 1999, w.e.f. 24-3-1999.
83. Sub-sections (5) to (13) added by Act 14 of 1999, w.e.f. 24-3-1999.
 (11) The Municipality shall invite applications for the selection of beneficiaries and
prepare the draft priority list after making enquiry on the applications received in this behalf and
send it for the consideration of the Ward Committee or the Ward Sabha concerned.
(12) The Ward Committee or the Ward Sabha shall scrutinise the draft priority list for
the selection of beneficiaries in a meeting convened inviting the applicants also and prepare the
final list and forward it for the approval of the council.
(13) The Council shall not alter the priority of the list prepared by the Ward Committee
or the Ward Sabha.]
31. Rights and Powers of Councillors.— (1) Every Councillor of a Municipality
shall have the right -
(a) 84[to call the attention of the Chairperson or Secretary of the Municipality to any
neglect in the execution of municipal work, to any waste of municipal property, or to the needs
of any locality in the municipal area, to inspect the works or schemes conducted by the
Municipality] and may suggest improvements which may appear to him desirable;
(b) to move resolutions and to interpellate the Chairperson on matters connected with
the Administration of a municipality subject to such regulations, as may be framed by the
Council;
(c) of access to the records of the Municipality during office hours after due notice to
the Secretary, provided that the secretary may, with the approval of the Chairperson, for reasons
given in writing, refuse such access.
32. Council’s power to call for records.— The Council may, at any time, require the
Secretary to produce any record or document, in his custody relating to the Municipality.
33. Council’s power to call for records of Committees.— The Council may, at any
time, call for any extract from the proceedings of the Standing Committees or of any other
committees or any return, statement, account or report relating to any matter which such
committee is empowered to deal with and every such requisition shall be complied with by the
Secretary.
34. Obligation of the Standing Committee etc., to carry out Council’s
resolutions.— Every Standing Committee, other committees and the Secretary shall be bound
to give effect to every resolution of the Council unless such resolution is suspended or
cancelled.
35. Appointment of Committees.— (1) The Council may, subject to the provisions
of the Act, constitute Committees for the purpose of exercising such powers, discharging such
duties or performing such functions, as may delegated to them, and may appoint any Councillor
or Committee to enquire into and report or advise on any matter referred to him or it.
(2) The Council may specially invite as members of any Committee, persons who are
not Councillors but who may, in the opinion of such council, possess special qualifications for
serving in such Committee:

84. Substituted for the words “to call the attention of the Chairperson or Secretary of the Municipality to any neglect in
the execution of municipal work, to any waste of municipal property, or to the needs of any locality in the municipal
area” by Act 14 of 1999, w.e.f. 24-3-1999.
 Provided the number of persons so invited shall not, in any case, exceed one- third of
the total number of the members of that Committee.
36. Rules and Regulations for proceedings of the Council, the Standing
Committees and other Committees.— (1) The proceedings of the Council, the Standing
Committees and other Committees of a Municipality shall be governed by such rules, as may be
prescribed, and such regulations, as may be made by such Council in accordance with the model
Regulations provided by the Government.
(2) The rules and regulations made under sub-section (1) may contain the following
matters, namely:-
(a) the time and place of meetings;
(b) the manner in which notice of meetings shall be given;
(c) the preservation of order and the conduct of proceedings at meetings and
enforcing decisions on points of order and taking decisions on disputes and the powers, the
Chairperson or Chairman, as the case may be, may exercise;
(d) the division of duties among the members of the Council;
(e) the constitution and procedure of Committees;
(f) fixing the quorum of the Council and Committees;
(g) the delegation of powers, duties or functions to the Chairperson, Chairman,
Councillor, or an officer or an employee of the Municipality or to a Committee or to its
Chairman or to any of its members; and
(h) any other matter as may be necessary for regulating the proceedings.
(3) Every matter coming before the council for decision shall be decided by the
majority of votes of the elected Councillors present and in all cases of an equality of votes, the
person presiding over the meeting shall have a casting vote, unless otherwise provided in this
Act.
85
[(4) Every Councillor present at the meeting, if voted against any resolution passed by
the Council, shall have the right to present to the Secretary a dissenting note regarding such
resolution, within forty-eight hours of the conclusion of the meeting.
(5) A copy of the minutes of every meeting of the Municipality and copy of the
dissenting note, if any, received under sub-section (4) shall be forwarded by the Secretary within
ten days after the date of the meeting, to the Government or to the officer authorised by the
Government in this behalf.]

85. Sub-section (4) substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution sub-section (4) read as
under:
“(4) A copy of the minutes of every meeting of a Municipality and a copy of the notes of dissent regarding such
proceedings received within 48 hours of the conclusion of the meeting from any Councillor present at the meeting,
shall, with the approval of the Chairperson, be forwarded by the Secretary, within seven days after the date of the
meeting, to the officer authorised by the Government in this behalf.”
 37. Constitution and proceedings of a Joint Committee.— (1) The Council of a
Municipality may, 86[if the Local Self Government Institutions so decide or if so required by the
87
Government], [join with any other Local Self Government Institutions] to constitute a Joint
Committee for any purpose in which they are jointly interested or for any matter for which they
are jointly responsible.
88
[(2) The Joint Committee shall not include any person as member who is not a
Councillor or a member of a Panchayat, but any person who in the opinion of the Committee,
possesses special qualifications for serving in that Committee, may be allowed to participate as
special invitees in the meetings of the committee.]

(3) The Constitution and proceedings of a Joint Committee shall be governed by such
89
regulations as may be made by [the Local Self Government institutions concerned with their
mutual agreement], which shall include provisions for all or any of the following matters
namely:-

(a) the total number of members of a Joint Committee;

(b) the number of Councillors and other persons who shall be members of the Joint
Committee;
(c) quorum of the Joint Committee;
(d) the appointment of the Chairman of the Joint Committee and the manner of
appointment;
(e) the term of office of the members and the Chairman;
(f) the powers 90[of the Local Self Government Institution concerned] which may be
exercised by the Joint Committee; and
(g) the procedure to be followed by the Joint Committee.

86. Substituted for the words “if so required by the Government” by Act 14 of 1999, w.e.f. 24-3-1999.
87. Substituted for the words “join with a Council of any other Municipality” by Act 14 of 1999, w.e.f. 24-3-1999.
88. Sub-section (2) substituted by Act 14 of 1999, w.e.f. 24-3-1999.
89. Substituted for the words “the Municipalities concerned, with the prior approval of Government” by Act 14 of
1999, w.e.f. 24-3-1999.
90. Substituted for the words “of Municipalities concerned” by Act 14 of 1999, w.e.f. 24-3-1999.
 (4) 1[The Local Self Government Institutions concerned may, with their mutual
agreement], vary or revoke regulations made under sub-section (3).

(5) Notwithstanding anything contained in sub-section (3), Government may issue

such directions as they think necessary or desirable in respect of all or any of the matters
referred to therein and the Joint Committee shall be bound to comply with such directions.

(6) Where any dispute or difference of opinion arises between 2[the Local Self
Government Institutions] in respect of the constitution or functioning of a Joint Committee
under this section it shall be referred to the Government, whose decision thereon shall be final.

38. Presidency of Council.- (1) Every meeting of the Council of a Municipality shall
be presided over by the Chairperson or in his absence by the Deputy Chairperson or 3[the
Chairman of the Standing Committees in the order specified in sub-section (1) of section 20 and
in that absence], by a Councillor chosen by the Councillors present from among themselves:

Provided that, where two or more Councillors are proposed and seconded the Secretary,
or, in his absence, the officer authorised to perform the functions of the Secretary shall conduct
the election in such manner, as may be prescribed.

(2) The Chairperson or the person presiding shall control the meeting and shall decide
all points of order arising at or in connection with a meeting. There shall be no discussion on a
point of order and the decision taken by the Chairperson or the person presiding shall, save as
otherwise provided in this Act, be final.

(3) Where any member behaves in a disorderly manner and causes obstructions to the
Conduct of a meeting, the Chairperson or the person presiding shall direct such member to
withdraw forthwith and if disobeyed, he shall be suspended from the meeting 4[for the day by
the Chairperson or the person presiding] and the member suspended shall, immediately
thereafter withdraw from the meeting, failing which he shall be removed by using reasonable
force, if necessary:
5
[x x x]

(9) The person presiding shall, while so presiding, have all the powers of the
Chairperson.

1 Substituted for the words “The Municipalities concerned may, with the prior approval of the Government” by Act 14
of 1999, w.e.f. 24-3-1999.
2. Substituted for “the Municipalities “ by Act 14 of 1999, w.e.f. 24-3-1999.
3. Substituted by Act 8 of 1995, w.e.f. 5-8-1995.
4. Substituted for the words “for such period as the Chairperson or the person presiding may decide” by Act 14 of 2000,
w.e.f. 18-1-2000.
5. Proviso omitted by Act 14 of 2000, w.e.f. 18-1-2000. The omitted proviso read as under: “Provided that the
Chairperson or the person presiding may, at any time at his discretion, andshall, at the instance of the council
supported by a resolution passed to that effect, cancel the order of suspension.”
 39. Councillor when to abstain from taking part in discussion and voting.—
(1) No Councillor shall vote on, or take part in, a discussion on any question coming
up for consideration at a meeting of the Council or any Committee, in which he has any direct or
indirect interest.
(2) The Chairperson may prohibit any Councillor from voting on, or taking part in, the
discussion of any matter in which he believes such Councillor to have such interest or he may
require such Councillor to absent himself from the meeting during such discussion.
(3) Such Councillor may challenge the decision of the Chairperson who shall,
thereupon, put the question to the meeting for a decision which shall be final.
(4) Where a Chairperson is believed by a Councillor present at a meeting to have any
pecuniary interest in any matter under discussion, he may, if a motion to the effect be carried, be
required to absent himself from the meeting during such discussion.
(5) The councillor concerned or the Chairperson shall not be entitled to vote on a
question referred to in sub-section (2) of on a motion referred to in sub-section (4), as the case
may be.
Explanation.— Chairperson in this section includes a person presiding over the meeting
of a Council or a Standing Committee or any other Committee.
6
[40. The resignation of the Chairperson, Deputy Chairperson or Councillor.—
(1) The Chairperson, Deputy Chairperson or any other Councillor of a Municipality may resign
his office by tendering resignation to the Secretary of the Municipality in the form prescribed
and the resignation shall take effect from the date of its receipt by the Secretary and the
Secretary shall report the fact forthwith to the Council and to the State Election Commission.
(2) The Chairperson, Deputy Chairperson or the Councillor who resigns his office
may, either tender his resignation directly or send through registered post if such resignation
letter is attested by a Gazetted Officer, as the case may be, to the Secretary and the Secretary
shall acknowledge receipt of the same.
(3) Where any dispute arises in respect of any resignation, it shall be referred to the
State Election Commission for decision and its decision thereon shall be final:
Provided that no such dispute referred after the expiry of fifteen days from the date of
effect of the resignation shall not be considered by the State Election Commission].

41. Duty of Chairperson, Deputy Chairperson, etc., vacating office to hand over
charge of office.— (1) When a new Chairperson or Deputy Chairperson or Chairman of a
Standing Committee is elected or when a special officer or Administrative Committee is
appointed, the Chairperson or the Deputy Chairperson or the Chairman of a Standing
Committee or Special Officer or Administrative Committee vacating office shall, as the case
may be, hand over charge of their office to the above mentioned persons concerned and shall
hand over all records and properties belonging to the Municipality which are in their custody to
the persons who so assume charge.

6. Section 40 substituted by Act 14 of 1999, w.e.f. 24-3-1999.

 (2) The provisions of sub-section (1) shall, mutatis mutandis, apply to the handing
over the charge of office by a Councillor vacating his office.

WARD COMMITTEE

7[42. Constitution of Ward Committees.— In every Municipality where the

population exceeds one lakh, there shall be constituted a Ward Committee for each ward of that
Municipality as provided in Section 43, within three months from the date of its constitution.

42A. Constitution of Ward Sabhas.— (1) In every Municipality where the population does not
exceed one lakh, there shall be a Ward Sabha for each of its Ward and all persons included in the
electoral roll of that ward shall be members of that Ward Sabha.
(2) The Councillor who represent a Ward shall be Convener of that Ward Sabha, but
due to any reason, physical or otherwise, the Convener is unable to perform his function as such
the Chairperson may appoint a Councillor representing any adjacent ward as the Convener.
(3) The Ward Sabha shall meet at least once in three months at a specified place and
every meeting of the Ward Sabha shall be presided over by the Chairperson or in his absence,
Deputy Chairperson or any Standing Committee Chairman authorised by the Chairperson or in
their absence by the Convenor.
(4) The Convenor of the Ward Sabha shall convene an extraordinary meeting of the
Ward Sabha within fifteen days when a request is made in writing by not less than ten per cent
of the electors in the ward for discussing the matters raised in the request:
Provided that such special meeting shall be convened only once during the period
between two ordinary meetings.
(5) The quorum of a ward sabha shall be ten per cent of its total members:
Provided that the quorum of a meeting of a Ward Sabha, postponed for want of quorum,
shall be fifty when convened subsequently.
(6) The Convenor shall place before the Ward Sabha, a report on the development
programmes relating to the ward during the preceding year and that are proposed to be
undertaken during the current year and the expenditure involved therein and a statement of the
annual accounts and the administration report of the preceding year.
(7) The officers of the Municipality shall attend the meeting of the Ward Sabha as
required by the Chairperson and an officer nominated by the Council as the co-ordinator of the
Ward Sabha, shall assist the convenor in convening its meetings, recording its decisions in the
minutes book and also in taking follow up action thereon.
(8) The procedure for convening and conducting the meeting of the Ward Sabha shall
be such as may be prescribed.

7. Section 42 substituted by Sections 42, 42A & 42B by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution Section
42 read as under:
“42. Constitution of Ward Committees.— There shall be constituted in every Municipality *[xxx] a Ward Committee
for every Ward in that Municipality. * The words “omitted by Act 8 of 1995. w.e.f. 4-8-1995.
 (9) The Ward Sabha may constitute sub-committees consisting of not less than ten
members to assist the implementation of any scheme, policy or decision of the Ward Sabha
generally or specially and in furtherance of the rights and responsibilities of Ward Sabha.
(10) Resolution may be passed on majority basis in the meetings of the Ward Sabha in
respect of any issue coming within the jurisdiction of the Ward Sabha, but, as far as possible,
effort should be made to take decision on the basis of consensus.
42B. Convening of meetings of the voters.— A Councillor representing a ward in any
Municipality having a population of more than one lakh may convene the meeting of the voters
whose names are included in the voters list of each ward for giving proposals to the
Municipality regarding the formulation of development schemes.]
8
[43. Composition of Ward Committee.— The Ward Committee shall consist of the
following members, namely:—
(a) the Councillor of that ward who shall be its Chairman;
(b) fifteen persons to be elected in the manner prescribed, from among the members of
the resident’s association of that Ward, which are registered in the Municipality;
(c) twenty members to be elected in the manner prescribed from among the members
of the registered neighbourhood groups of that Ward which are registered in the Municipality;
(d) one person each nominated by every political party having representation in the
Municipality;
(e) the Heads of all recognised educational institutions functioning in that Ward;
(f) twenty persons nominated jointly by the Chairperson and Councillor of the Ward,
of whom,—
(i) ten shall be from the persons representing the cultural organisations, voluntary
organisations, educational institutions, industrial-commercial establishments which are
functioning in that ward;
(ii) five shall be from persons representing those working in that ward as professionals
(experts in agriculture, industry, health, education, engineering etc.); and
(iii) five shall be from persons in the registered trade unions:
Provided that, the members nominated under items (i) and (ii) need not be the residents
of that ward].
44. Meeting of the Ward Committee.— (1) The Ward Committee shall meet at least
once in three months for discharging the duties and performing the functions as may be assigned
to it by the Council, from time to time.
(2) The meeting of a Ward Committee shall be convened by its Chairman.
(3) The Chairman, or in his absence, a member chosen, by the members present, from
among themselves, shall preside over the meeting.

8. Section 43 substituted by Act 14 of 1999, w.e.f. 24-3-1999.

 (4) The Secretary and the Heads of Departments in the services under the Municipality
shall attend the meetings of the Ward Committee and produce any document or furnish any
information or report required by that Committee.
(5) The procedure to be followed in respect of quorum and details of a meeting shall
be such, as may be prescribed.
9
[45. Functions of Ward Committees and Ward Sabhas.—- (1) Ward Committee or
Ward Sabha shall subject to such manner and procedure as may be prescribed, exercise and
perform the following powers and functions, namely:—
(a) assist the collection and consolidation of details necessary for the formulation of
development schemes for the Municipality;
(b) formulate proposals on development schemes to be implemented in the Municipal
area, determine the priority and make available information regarding the functional schemes for
the next three months;
(c) prepare the final list of eligible beneficiaries in the order of priority by finding out
eligible applicants from the Ward area based on the criterion prescribed in respect of the
beneficiary oriented schemes and to submit the same to the Municipality;
(d) render necessary assistance for the effective implementation of development
schemes providing necessary local facilities;
(e) seek and obtain detailed informations regarding the development programmes
implementing in the Ward and observe its implementation in accordance with the directions;
(f) provide and mobilise voluntary service and assistance in cash or kind for social
welfare programmes;
(g) prepare the order of priority as to the location of street lights, water taps etc. and of
public sanitation Units in the street or at other public places, irrigation facilities and other public
utility schemes;
(h) discuss and formulate literacy programmes necessary for the Ward area, formulate
schemes for imparting awareness regarding matters of public interest like sanitation,
environment protection, pollution control etc. and to give protection from social evils like
corruption, false and fabricated transactions etc;
(i) to promote harmony and unity among the people belonging to different sections in
the Ward area and to organise arts and sports festivals for promoting goodwill among the people
of that area;
(j) to observe and assist the beneficiary committees which are conducting
developmental programmes in the Ward;
(k) to verify the eligibility of persons getting various kinds of welfare assistance from
Government such as pension and subsidy etc.;
(I) to make aware the people for the prompt payment of taxes, fees, rents and other
sums due to the Municipality;

9. Section 45 substituted by Act 14 of 1999, w.e.f. 24-3-1999.

 (m) to co-operate with the employees of Ward area in the sanitation arrangements of the
area and rendering voluntary service in the removal of garbage;
(n) to encourage the residents of the ward area to plant kitchen gardens and to engage in
horticulture activities;
(j) to identify the deficiencies in the systems of water supply, street lighting etc. in the
Ward area and to suggest remedial measures;
(p) to identify the lacunae and lapses in following the building rules and in
implementing spatial planning;
(q) to assist the activities of the parent-teacher associations in the schools in the Ward
area;
(r) to assist the functioning of public health centres in the ward area;
(s) to perform other functions as may be prescribed.
(2) The Ward committee or the Ward Sabha as the case may be, may in its ordinary
meeting or in a special meeting convened for the purpose, discuss the development programmes
of the previous year and it is entitled to know the amount earmarked in the budget, the details
about the plan out-lay and the object-wise allocation of funds and also the details of the
estimates and cost of materials of the works executed or proposed to be executed in the Ward.
(3) The audit report or performance audit report coming for the consideration of the Ward
Committee or Ward Sabha shall be discussed in its meeting and its opinion, recommendations,
and suggestions be communicated to the council concerned.]
10
[46. Duties and rights of Ward Committees and Ward Sabhas.— (1) The Ward
Committees and Ward Sabhas shall have the following duties, namely:—
(1) disseminate information regarding the development and welfare activities;
(ii) participate and propagate the programmes regarding health and literacy and other
similar time-bound development, programmes;
(iii) Collect essential Socio-economic basic data;
(iv) provide information by collecting the progress regarding development activities;
(v) adopt moral means for payment of taxes, repayment of loans, improvement of
environmental cleanliness and maintenance of social harmony;
(vi) mobilise, resources locally to augment the financial sources of the Municipality;
(vii) supervise development activities as voluntary groups;
(viii) make arrangements to report immediately the occurrence of epidemics, natural
calamities etc.;
(ix) co-ordinate and implement the activities for the protection of nature to import
knowledge to the people on environmental problem.

10. Section 46 substituted by Act 14 of 1999, w.e.f. 24-3-1999.

 (2) The Ward Committee and the Ward Sabha shall have the following rights,
namely:—
(i) to get information regarding the services to be rendered and the activities proposed
to be carried by the officers concerned during the next three months;
(ii) to get information on the detailed estimate regarding the works proposed to be
undertaken;
(iii) to know whether each decision of the council of the Ward area is logical;
(iv) to know about the follow up actions taken, decision of the Ward Sabha and the
Ward Committee, as the case may be, and about the detailed reasons for not implementing any
decision;
(v) to get information regarding detailed town planning schemes building construction
permits etc. in the ward.]

47. Duration of the Ward Committee.— The duration of a Ward Committee

constituted in a Municipality shall be co-terminus with that of the Municipality.

THE SECRETARY

48. The Secretary of Municipality.— (1) For every Municipality there shall be a
Secretary appointed by the Government, in consultation with that Municipality, who shall be an
officer of the Government borne on such cadre, as may be prescribed, and shall be the Executive
Officer of the Municipality and the other officers and employees of the Municipality shall be
subordinate to him.
(2) The Secretary shall not without the sanction of the Municipality or the
Government, undertake any work unconnected with his office.
(3) The pay and allowances of the Secretary, as fixed by the Government from time to
time, shall in the first instance to be paid from the State funds. The whole of the pay and
allowances paid to the Secretary and the contributions towards his leave salary and pension to
the extent required shall be credited monthly to the State funds by the Municipality.
(4) The Government may grant leave to the Secretary and appoint a substitute or
nominate an officer to hold charge of his office during his absence.
(5) The Secretary shall be the custodian of all Municipal properties and records
including all papers and documents connected with the proceedings of the Council and the
Standing Committees and other Committees, and shall arrange for the performance of such
functions, as may be entrusted to him by the said bodies.
(6) The Government may, at any time, transfer the Secretary, from a Municipality and
if the Council, on the strength of a resolution, passed at a special meeting convened for this
purpose, by a simple majority vote of the approved strength of the Council, recommends a
transfer, the Government shall do so.
 [Provided that before considering such a resolution by the council the Secretary shall
11
be given an opportunity to give a representation and if requested of being heard by the Council
or the Chairperson.]
(7) The Council shall, subject to the rules that may be made in this behalf, be
competent to impose minor penalties on its Secretary.
(8) An appeal may be filed against the order of the Council imposing any minor
penalty, before the authority (referred below as the authority) authorised by the Government in
this behalf.
(9) An appeal under sub-section (8) shall be in the prescribed form and shall be
submitted in such manner and within such date, as may be prescribed.
(10) On receipt of an appeal under sub-section (8), the authority, after giving the person
filing the appeal an opportunity of being heard, may either confirm, cancel or revise the order
against which the appeal is preferred or pass such other order as it deems fit.
(11) The Government may, either suo motu or on application, call for the records of
any order passed by the authority under sub-section (10) and may review such order and pass
such order in that regard, as it deems fit:
12
[(12) Where disciplinary proceedings have to be initiated against the Secretary, the
Chairperson shall have the power to conduct an enquiry against him and in the case of
imposition of a major penalty, to report to the Government with approval of the council to take
further action under the rules applicable to the Secretary and the Government shall as soon as
the report is received, take appropriate action and intimate the final decision taken thereon, in
writing to the Chairperson.
(13) The Government may by a general or special order designate any officer of the
Government transferred to the service of the Municipality as an ex-officio Secretary and the
person so appointed shall have all the powers and functions of the Secretary, in respect of the
subjects dealt with by them.]
Provided that no application for review shall be entertained if it is preferred after 30
days from the date of receipt by the applicant of the order sought to be reviewed:
Provided further that the Government shall not pass any order affecting any party if that
party had not been given an opportunity for submitting a representation:
Provided also that the Government shall not suo motu review an order, if more than one
year has elapsed since the date of the order sought to be reviewed.
Explanation.—In this section minor penalty has the same meaning as is given to minor
penalty in the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960.

11. Proviso inserted by Act 14 of 1999, w.e.f. 24-3-1999.

12. Sub-section (12) & (13) added by Act 14 of 1999, w.e.f. 24-3-1999.
 49. Functions of the Secretary.— 13[(1) Subject to the provisions of this Act and the
rules made thereunder, the Secretary shall,—
(a) record his opinion in writing on all matters with which he is concerned and which
require the decision of the Chairperson, the Council or the Standing Committee; and
(b) implement the resolutions of the Council and the Standing Committee:
Provided that where the Secretary is of opinion that any resolution has not been legally
passed or exceeds the powers conferred by this Act or by any other law or by the rules made
thereunder or that if carried into effect it may endanger communal harmony or public safety or it
is contrary to the Central State Policy, the Secretary shall request the council in writing to
review the matter and express his views during review by the council and if the council sticks on
to its earlier decision, he shall refer it to the Government for appropriate action and decision,
after intimating the matter to the Chairperson:
Provided further that where, on review of the resolution, the council decides to
implement the same and the decision of the Government have not been intimated within fifteen
days from the date of reference to the Government, the Secretary shall implement the said
resolution and the matter be intimated to the Government:
Provided also that no approval of the Chairperson is required for the Secretary to refer
the matter to the council or the Government as aforesaid, but he shall give a copy of the report
sent to the Government, to the Chairperson;
(c) furnish periodical reports to the council and the standing committees, as the case
may be, regarding the action taken or progress made in implementing the resolutions of the
council or the standing committees;
(d) implement the directions of the Chairperson:
Provided that where the Secretary is of opinion that any direction given by the
Chairperson is in excess of the powers conferred under the provisions of this Act or any other
law or the rules made thereunder, he may first bring the matter to the notice of the Chairperson
and if the Chairperson repeats his direction and if the Secretary sticks on to his earlier opinion,
he shall report that matter to the council in the manner as may be prescribed;

13. Sub-section (1) substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the subn. sub-section (1) read as under: “(1)
Subject to the provisions of this Act and the rules made thereunder the Secretary shall,
(a) carry into effect the resolutions of the council:
Provided that where the Chairperson or the Secretary, considers that the resolution has not been passed in
accordance with the law or that it exceeds the powers conferred under this Act, or that if carried into effect, it will
endanger the life or health of man or pubiic safety, the Secretary or Chairperson shall refer the matter to the officer
authorised by the Government in this behalf and from his decision there shall be an appeal to Government;
(b) furnish to the Council such periodical reports regarding the progress made in carrying into effect the resolutions
of the Council relating to the collection of taxes as the Council may direct; and
(c) implement all the directions of the Chairperson:
Provided that, where the Secretary is of opinion that, any direction given by the Chairperson is ultra vires the
provisions of this Act or any other law for the time being in force, he shall report the matter to the Council within
such time, as may be prescribed;
(d) exercise the powers and discharge the duties specially conferred or imposed on the Secretary by or under this
Act;
(e) incur expenditure authorised by the Chairperson;
(f) make payments for all kinds of expenditure authenticated by the Municipality either by cheque or by cash1
(g) maintain and keep the accounts of receipts and expenditure of the Municipality;
(h) be responsible for the safe custody of the Municipal fund; and
(i) maintain the records in respect of the meetings and procedure of the Council.
*[(j) have the right to take disciplinary action against municipal employees with the knowledge of the ChairoersonT *
Clause O’) added by Act 8 of 1995, w.e.f. 5-8-1995.
 (e) exercise such of the powers and perform such of the functions as may be
specifically conferred or delegated by or under this Act;
(f) incur the expenditure authorised by the council or the Chairperson, subject to the
budgetary provision;
(g) make payments for all kinds of expenditure authorised by the Municipality, either
by cheque or in cash;
(h) maintain and keep the accounts as to the receipts and expenditure of the
Municipality;
(i) be responsible for the safe custody of the Municipal fund;
(j) keep the records in respect of the meetings and proceedings of the council, standing
committees and other committees;
(k) take disciplinary action against the Municipal employees with the knowledge of the
Chairperson; and
(I) assist the Chairperson and the council to co-ordinate the functions of the officers
and institutions transferred to the Municipality.]
(2) All litigations for or against the Municipality shall be conducted by or against the
Secretary.

50. Rights and duties of Secretary.— (1) The Secretary shall attend the meetings of
the Council and the meetings of the Standing Committee or any other Committee of a
Municipality and may take part in the discussions thereat; as an advisor, but shall not have the
right to move any resolution or to vote.
(2) Subject to any direction given or any restriction imposed by the Government or the
Municipality, the Secretary may, by order in writing, delegate any of his functions to any officer
or employee of the Municipality who shall be bound to carry out such functions. The discharge
of the functions so delegated shall be subject to such restrictions, limitations and conditions as
may be laid down by the Secretary and shall also be subject to his control and revision.
(3) The officer or employee to whom the power is delegated under sub-section
(2) shall have all the rights, privileges and authority of the Secretary with respect to
such functions and shall like-wise be subject to all liabilities arising out of the exercise of such
powers, privileges or authority.
14
[(4) The Secretary shall for the discharge of his functions vested in him by or 15[under
this Act or in any other law], have the power after informing the Chairperson to incur
expenditure not exceeding Rs. 25,000 out of the Municipal fund.]
16
[(5) The Secretary shall give the required information regarding the functions of the
Municipality to the Government or to the officers or to the agency authorised by it.

14. Sub-section (4) added by Act 8 of 1995, w.e.f. 5-8-1995.

15. Substituted for the words “under this Act” by Act 14 of 1999, w.e.f. 24-3-1999.
16. Sub-sections (5), (6) & (7) added by Act 14 of 1999, w.e.f. 24-3-1999.
 (6) The Secretary shall be responsible for furnishing necessary information to the
Legislative Committee or answer the Legislative Assembly interpellations and in order to avoid
delay, such information may be sent directly to the Government or to the officer authorised by it
in this behalf and thereafter submit to the Chairperson for information.
(7) The Secretary shall take follow up action on performance audit reports and other
audit reports.]

CHAPTER IV
PREPARATION AND EXECUTION OF DEVELOPMENT PLANS
51. Preparation of Development plans by Municipalities.— 17[(1) Ward Committee
or Ward Sabha as the case may be] shall prepare every year in such form, as may be prescribed,
a development plan for the ward along with an estimate of the expenditure therefor, for the next
year and after finalising it in a meeting held three months before a financial year, submit the
same to the Municipality concerned.
18[(2)
Every Municipality shall prepare every year a development plan for the
succeeding year considering the development plans submitted by the Ward Committees or
Ward Sabhas of the Municipality in the prescribed manner for that Municipal area and submit
the same to the District Planning Committee before such date as prescribed].
Explanation.— For the purpose of this section “development plan” means a
development plan for economic development, social justice 19[lmprovement of living
conditions, creation of employment opportunities and increase of production capacity] in
relation to matters enumerated in the Twelfth Schedule to the Constitution including the matters
to which the administrative power vests in the Municipality under the provisions of this Act or
any other law.
20[(3) Every Municipality shall prepare a master plan for its development in the
prescribed manner with focus on scientific spatial planning taking into account its resources and
as per the fiscal investment and submit the same to the District Planning Committee.
(4) Municipality shall have the power to prepare and implement detailed town
planning schemes as per the laws relating to Town Planning for the time being in force subject
to the master plan approved by the Government.]

52. Entrustment of Schemes to Municipalities for implementation.—(1)

Notwithstanding anything contained in any law for the time being in force, the Government may,
subject to the condition, as they may think fit to impose, entrust by an order published in the
Gazette to a Municipality, implementation of such schemes of economic development and social
justice including the schemes in relation to the matters enumerated in the Twelfth Schedule to
the Constitution, as they deem fit.

17. Substituted for the words “Every Ward Committee” by Act 14 of 1999, w.e.f. 24-3-1999.
18. Sub-section (2) except the explanation substituted by Act 14 of 1999, w.e.f. 24-3-1999.
“(2) Every Municipality shall prepare every year in such form as may be prescribed, a development plan for the
Municipal area for the next year having regard to the development plans submitted to it by the Ward Committee, if
any, in the Municipality, and submit the same before such date, as may be prescribed, to the District Planning
Committee.”
19. Substituted for the words “and improvement of living conditions” by Act 14 of 1999, w.e.f. 24-3-1999
20. Sub-section (3) & (4) substituted by Act 14 of 1999, w.e.f. 24-3-1999.
 (2) Where the Government entrust a scheme under sub-section (1) to a Municipality,
they shall allot to that Municipality such fund and staff as may be necessary to enable the
Municipality to implement the scheme.
(3) Where disciplinary action has to be initiated against any officer as referred to in
sub-section (2), the Chairperson concerned shall have the right to conduct enquiry against such
officer or employee and report the same to Government.
(4) Notwithstanding anything contained in sub-section (3) a Municipal Council shall,
subject to the rules as may be made in this behalf, have power to impose minor penalties on any
such officer or employee.
Explanation.—In this section ‘Minor penalty’ has the same meaning as is given to
‘minor penalty’ in the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960.
21
[52A. Regulation of Municipal electrical undertakings.— The administration of
Municipality on any of the undertakings for generating, transmitting, supplying and consuming
the electrical energy shall not be contrary to the 21A[ Indian Electricity Act, 2003 (Central Act 36
of 2003)] or Electricity (Supply) Act, 1948 (Central Act 54 of 1948) or the rules made under
these Acts or the conditions in the licence issued to the Municipality, and shall be subject to the
conditions as may be prescribe].
53. District Planning Committee.— (1) The Government shall constitute in every
district, a District Planning Committee at the district level to consolidate the plans prepared by
the Panchayats and the Municipalities in a district and to prepare a draft development plan for
the district as a whole.
(2) The Committee shall consist of fifteen members of whom-
(a) twelve members shall be elected, in such manner as may be prescribed, by and
from amongst the elected members of the Panchayats at the district level and of the
Municipalities in the district in proportion to the ratio between the population of the rural areas
and of the urban areas in the district:
(b) the President of the District Panchayat in that district;
(c) one shall be a person having considerable experience in administration and
planning, nominated by the Government;
(d) the District Collector concerned, ex-officio.
22
[Provided that fifty per cent of the members to be elected under clause (a) shall be
women and two members belonging to Scheduled Caste or Scheduled Tribe and among them
one shall be a woman].
(3) In sub-section (2),-
(i) the members mentioned in clause (a) shall be elected under the guidelines,
supervision and control of the State Election Commission;
(ii) the President of the District Panchayat mentioned in clause (b) shall be the
Chairman of the Committee;
23
(iii) [x x x] and
21. Section 52A inserted by Act 14 of 1999, w.e.f. 24-3-1999.
21 A. Indian Electricity Act, 1910 was replaced by the Indian Electricity Act, 2003.
22. Inserted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009.
23. Omitted by Act 8 of 1995
 (iv) the District Collector referred to in clause (d) shall be the Secretary of the
Committee.
(4) The district level officers of the departments of the Government in the District
shall be the Joint Secretaries of the Committee.
(5) The Members of the House of the People (Lok Sabha) and the members of the
Legislative Assembly of the State, representing any area comprised in a district shall be
permanent invitees of the District Planning Committee of that district:
Provided that where the area which a Member of the House of the People (Lok Sabha)
or a member of the Legislative Assembly of the State represents, comprises partly in one district
and partly in another district, he shall be a permanent invitee to the District Planning Committee
of both the districts in which the area he represents is comprised.
(6) A member of the Council of States (Rajya Sabha) representing the State shall be a
permanent invitee to the District Planning Committee of the district in which he is registered as
elector in the electoral roll of any Municipality or Panchayat.
(7) A member nominated to the Legislative Assembly of the State shall be a
permanent invitee to the District Planning Committee of the district in which he ordinarily
resides.
(8) Where a Member of Parliament or a Member of the Legislative Assembly of the
State is appointed as Minister or elected as Speaker or Deputy Speaker or appointed as the
Government Chief Whip or recognised as Leader of the Opposition, he may nominate a person
from the area he represents as Member to represent him in the District Planning Committee or
the District Planning Committees of the district or districts to which he was a permanent invitee.

(9) The Committee shall consolidate the plans prepared by the Panchayats and the
Municipalities in the district and prepare a draft development plan for the district as a whole and
perform such other functions relating to district planning, as may be assigned to it by the
Government, from time to time, by notification in the Gazette.
(10) The Committee shall, in preparing the draft development plan,-
(a) have regard to-
(i) matters of common interest between the Panchayats and the Municipalities
including spatial planning, sharing of water and other physical and natural resources, the
integrated development of the infrastructure and environmental conservation; and
(ii) the extend and the type of available resources, whether financial or otherwise;
(b) consult such institutions and organisations as the Governor may, by order specify.
(11) The Chairman shall forward the development plan, as recommended by the
Committee, to the Government for approval.
24
[(11A) The Government shall, while preparing the State Plan consider the proposal and
priorities included in the draft development plans prepared for each districts by the District
Planning Committee.

24. Sub-section (11A) & (11B) added by Act 14 of 1999, w.e.f. 24-3-1999.
 (11B) The District Planning Committee shall monitor the quantitative and qualitative
progress, especially its physical and financial achievements, in the implementation of the
approved district planning schemes and State plans relating to the district and it shall evaluate
the action programmes already completed.]
(12) The procedure to be followed in the meeting of the Committee, including the
quorum for such meeting, shall be governed by such rules as may be prescribed.
54. Metropolitan Planning Committee.— (1) The Government shall, by notification
in the Gazette, constitute a Metropolitan Planning Committee in a Metropolitan area to prepare a
draft development plan for such area as a whole.
(2) The Metropolitan Planning Committee shall consist of fifteen members of whom.-
(a) ten shall be elected, 25[of whom one shall belong to Scheduled Caste or Scheduled
Tribe and five persons shall be women] in such manner as may be prescribed, by and from
amongst, the elected members of the Municipalities and the Presidents of the Village Panchayats
in the Metropolitan area in proportion to the ratio between the population of the Municipalities
and Village Panchayats in that area;
(b) five shall be nominated by the Government of whom-
(i) one shall be an officer of the rank of a Secretary to Government or an eminent
person having experience in local administration or public administration;
(ii) one shall be an officer not below the rank of Senior Town Planner of the Town
Planning Department;
(iii) one shall be an officer not below the rank of Superintending Engineer of the
Public Works Department;
(iv) one shall be an officer of any Government Department not below the rank of a
Deputy Secretary to Government; and
(v) one shall be the Collector of the district in which the metropolitan area is
comprised or where more than one district is comprised in the metropolitan area one of the
Collector of such districts as the Government may determine.
(3) The members mentioned under clause (a) to sub-section (2) shall be elected under
the guidelines, supervision and control of the State Election Commission and one among them
shall be elected as the Chairman.
(4) The officer nominated under item (iv) of clause (b) of sub-section (2) shall be
appointed as the Member Secretary of the Committee.

(5) Where the Government are of opinion that representation of the Central or State
Government and of any organisation or institution is necessary for carrying out the functions
assigned to the Metropolitan Planning Committee, they may provide for the inclusion 26[as
invitees] of the representatives of the Government, either of the Central or the State, and of such
organisation or institution in the Committee for the limited purpose of carrying out the functions
so assigned to it.
(6) The Metropolitan Planning Committee shall prepare draft development plan for
the Metropolitan area as a whole and perform such other functions relating to planning and co-
ordination for the Metropolitan area as may be assigned to it by the Government, from time to
time.

25. Inserted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009.
 (7) The Metropolitan Planning Committee shall, in preparing the draft development
plan-
(a) have regard to -
(i) the plans prepared by the Municipalities and the Panchayats in the Metropolitan
area;
(ii) matters of common interest between the Municipalities and Panchayats including
the co-ordinated spatial planning of the area, sharing of water and other physical and natural
resources, the integrated development of infrastructure and environmental conservation;
(iii) the overall objectives and priorities set out by the Central or the State Government;
(iv) the extent and the nature of investments likely to be made in the Metropolitan area
by agencies of the Central and the State Governments and other available resources, whether
financial or otherwise;
(b) consult such institutions and organisations as the Governor may, by order,
specify.
(8) The Secretary shall forward the development plan, as recommended by the
Metropolitan Planning Committee, to the Government for approval.
(9) The procedure to be followed in the meeting including the quorum for such
meeting shall be governed by such rules as may be prescribed.
27
[55. State Development Council.— (1) The Government shall, by notification in the
Gazette, constitute a State Development Council and it shall consist of the following
members,—
(a) the Chief Minister who shall be its Chairman;
(b) members of the Council of Ministers of the State, the Leader of Opposition of the
State Legislative Assembly, who shall be its Vice-Chairman;
(c) the Chairmen of the District Planning Committees;
(d) the Mayors of the Municipal Corporations;.

26. Inserted by Act 8 of 1995.

27. Section 55 substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution it read as under:
“55. High Level Committee.— (1) There shall be a high level committee for each Metropolitan area.
(2) The high level committee for the metropolitan area covering the State Capital may be known as the high level
committee for the capital region.
(3) The function of the high level committee is to co-ordinate and monitor the urban development activities of the
Government and other agencies.
(4) The high level committee shall consist of,-
(a) the Chief Minister, who shall be the Chairman;
(b) the Minister in charge of Local Administration who shall be the Vice-Chairman;
(c) the Ministers in charge of Transport, Water Supply, Finance, Electricity and Public Works;
(d) the Chief Secretary to Government;
(e) the Secretaries in charge of Finance, Local Administration, Transport , Public Works, Water Supply and
Electricity;
(f) the Chairman of the Metropolitan Planning Committee , concerned;
(g) the Chairman of the District Planning Committee; and
(h) the members of the House of People and the members of the State Legislative Assembly, the
constituencies represented by whom lie in part or in whole within the respective metropolitan area.
(i) the nominated member of the State Legislative Assembly who is registered as an elector in the electoral
roll of any Local Authority within the metropolitan area;
(j) the President of the District Panchayat of the district in which the metropolitan area is comprised;
(k) the Mayor of the Municipal Corporation within the metropolitan area; and
(I) the Chairman of Development Authority in the metropolitan area.”
 (e) two Chairpersons of the Municipal Council, two Chairpersons of the Town
Panchayat two Presidents of the Block Panchayat and two presidents of the Grama Panchayat,
nominated by the Government;
(f) the Vice-chairman of the State Planning Board; and
(g) the Chief Secretary who shall be its Member-Secretary.
28
[Provided that of the members nominated by the Government under clause (e), one
person from each category shall be a woman and one shall be person belonging to Scheduled
Caste or Scheduled Tribe.]
(2) The State Development Council shall,-
(a) formulate policy for local level development and regional level development;
(b) co-ordinate the District Plans and the State Plans;
(c) formulate policy necessary for strengthening Local Self Government Institutions;
(d) deal with common issues concerning development, among the districts.
(3) The State Development Council shall meet at least once in six months].

CHAPTER V
29
[FUNCTIONS OF THE GOVERNMENT]

56. Power of Government for purposes of control.— (1) Government or the

officer authorised by them in this behalf may inspect any office under the control of the
Municipality or any movable property kept therein or any immovable property or any
work which is in progress.
(2) The Government or the officer authorised by them in this behalf may-
(a) call for any document in the Custody of the Municipality;
(b)require the “[Chairperson or the Secretary] to furnish any return, plan, estimate,
statement, account or statistics;
(c) require the “[Chairperson or the Secretary] to furnish any information or report or
any matter relating to the Municipality; and
(d) record in writing any observation for the consideration of the Council,
Chairperson or Secretary, as the case may be, in regard to the proceedings or functions of the
Council, Chairperson or Secretary. °
31
[(3) The Chairperson, Secretary and other officers shall be liable for facilitating the
exercise of the powers under sub-section (1) and for fulfilling the requirements under sub-section
(2).

28. Inserted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No.1844, dt. 7-10-2009.
29. Chapter heading substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution it read as under - "CONTROL"
30. Substituted for "Chairperson" by Act 14 of 1999. w.e.f. 24-3-1999
31 Sub-section (3) substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution sub-section(3) read as under:
"(3) Every Municipality its Chairperson, Secretary and other officers shall be bound to facilitate the exercise the
functions under sub-sections (1) and (2)"
 (4)The Government or the officer authorised by them under sub-section (2) shall
return to the Municipality any document, register or records received from it within ninety days
from the date of its receipt and if necessary, the Government may keep certified copies of the
same.
(5) The Government may arrange for the conduct of periodical performance audits
with respect to the administration of the Municipality and the works and schemes implemented
or being implemented by the Municipality in the manner prescribed.]
32
[57. Power to suspend and cancel resolutions etc.— (1) The Government may, suo-
motu or on a reference by the Chairperson the Secretary, or a Councillor of the Municipality or
on a petition received from a citizen, cancel or amend a resolution passed or a decision taken by
the council, which in their opinion,-
(a) has not been legally passed or taken; or
(b) is in excess or abuse of the powers conferred by this Act or any other law; or
(c) is likely to endanger human life, health safety, communal harmony or public
peace, or is likely to lead to a riot or quarrel; or
(d) has violated the guidelines issued by the Government in the matter of
implementation of plans, schemes or programmes or the conditions of grants.
(2) Before cancelling or amending a resolution or decision under sub-section (1), the
Government shall refer the matter for the consideration of the Ombudsman constituted under
Section 271 G of the “Kerala Panchayat Raj Act, 1994(13 of 1994) or to the Tribunal for the
Local Self Government Institutions constituted under Section 271 S of the said Act and the
Tribunal shall, after giving the Municipality an opportunity of being heard, furnish a report to
the Government with its finding based on which the Government may cancel, amend or approve
that resolution or decision.
(3) The Government shall not entertain any petition for cancellation or amendment of
any resolution or decision of the council if an alternate redressal is available to the petitioner
through the Tribunal under section 509.
(4) Where the Government are of opinion that a resolution or a decision of the Council
shall be cancelled or amended under sub-section (1), they may temporarily stay the
implementation of such resolution or decision and may direct the council to keep its
implementation in abeyance till it is finally disposed of by completing the procedure under sub-
section (2)].

32. Section 57 substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution section 57 read as under: “57.
Power to suspend or cancel resolutions, etc.— The Government may by order, for reasons to be recorded in writing,
amend, cancel or suspend for a period of not more than three months any resolution passed, order issued, licence or
permission granted or prohibit the doing of any act by the Municipality, if in its opinion,-
(a) such resolution, order, licence, permission or act has not been legally passed, issued, granted or authorised: or
(b) such resolution, order, licence, permission or act is in excess of the powers conferred by or under this Act or any
other law; or
(c) such resolution, order, licence, permission or act may cause or likely to cause any pecuniary loss or damage to the
Municipality or affect the financial interest of the Municipality: or
(d) the execution of such resolution or order, the continuance in force of such licence or permission or the doing of
such act is likely to cause danger to human life, health or safety, or is likely to lead to a riot or affray: Provided that
the Government shall, before taking action under the section, give the Municipal authority or the person concerned
an opportunity for reconsideration and explanation.”
 33
[58. Power of the Government to issue direction to Municipality.— (1)
Notwithstanding anything contained in this Act, the Government shall have the power to issue
directions to the Municipality in accordance with the National and State policies in matters of
finance, maintenance of accounts, office management, selection of schemes, sites and
beneficiaries, proper functioning of Ward Sabhas and Ward Committees, welfare programmes,
environment control etc. and the Municipality shall comply with such directions.
(2) Where default or abuse of power in the implementation of schemes or maintenance
of accounts is reported or specific complaint has been received in the matter, the Government
may arrange for such enquiry as it deems fit and the Municipality shall co-operate with that
enquiry.
(3) After such enquiry, the Government may take actions which are necessary and
permissible under this Act].
59. Delegation of powers etc.— (1) The Government may, by notification in the
Gazette, authorise one or more officers to exercise any of the powers vested in them under this
Act, except the power to make rules, in respect of any Municipality or all Municipalities and in
like manner withdraw such authorisation.
(2) The exercise of any of the powers delegated under sub-section (1) shall be subject
to such restrictions and conditions as may be specified in the notification. The Government shall
also have the power to control or review the acts or proceedings of any person so authorised.
34
[60 xxx]
61. Action by Government in default of Municipal Authority.— 35[(1)] Where, at
any time, it appears to the Government that a Municipal authority has made default in
performing any duty imposed on it by or under this Act or any other law for the time being

33. Section 58 substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution Section 58 read as under: “58.
Power to issue directions to Municipal Authorities.— (1) Notwithstanding anything contained in this Act, where the
Government, or the officer authorised by them upon information furnished to them under section 56 or otherwise and
after such further enquiry, if necessary, is satisfied that any action taken or any order issued or licence or permission
granted by any Municipal Authority-
(a) is erroneous, improper or against the financial or other interests of the Municipality or is likely to cause financial
loss to it; or
(b) causes or is likely to cause injustice to or denies the legal right of, any person; or
(c) causes or is likely to cause undue hardship, damage or injury to any person; or
(d) wilfully or otherwise omits to discharge a legal duty or fails to fulfil an obligation cast uponit by any law;or
(e) is against public interest and better administration of a Municipality- they may issue tosuch authority
such order or direction, as they may deem fit, in the circumstance of the case:
Provided that no order or direction shall be issued without giving the Municipal authority or the person affected
thereby an opportunity of being heard:
Provided further that where immediate action is necessary, the Government, or the officer authorised by them may
issue such interim order or direction, as the case may be.
(2) A Municipal authority to whom an order or direction has been issued under sub-section (1) shall be bound to
comply such order or direction, whether interim or otherwise, within such time as may be specified in the order or
direction.”
34. Section 60 omitted by Act 14 of 1999, w.e.f. 24-3-1999. The omitted Section 60 read as under
“60. Control over municipal electrical undertakings.— The administration by a Municipality of any undertaking for
the generation, transmission, supply or use of electrical energy shall be subject to such conditions as may be
prescribed, not inconsistent with the Indian Electricity Act, 1910 (Central Act 9 of 1910) or the Electricity (Supply)
Act, 1948, (Central Act 54 of 1948), the rules made under those enactments and the terms of the licence granted to
the Municipality.”
in force, they may, by order in writing, direct such authority to perform the duty within such
period, as may be specified, therein, and such authority shall be bound to comply with such
direction.
35
[(2) If such duty is not performed or such order is not carried out within the period
specified under sub-section (1), the Government may, after giving a reasonable opportunity to
the Municipality, to its chairperson or to the Secretary, as the case may be, to show cause why
further action should not be taken under this section, appoint any officer or authority to perform
the duty or to carry out the functions and the expenses to be incurred for that shall be paid from
the funds of the Municipality within such time as determined by the Government.
(3) If the expenses directed by the Government to be paid from the fund of the
Municipality under sub-section (2) is not paid in the manner specified orders may be passed
directing the person having the custody of the said fund to pay it in priority to any other charge
against that fund, except service charges of authorised loans, or deduct that amount from the
share of taxes or any grant due to the Municipality.
(4) The person referred to in sub-section (3) shall, as far as the funds in the account of
the Municipality permits be liable to comply with the order passed by the Government under
that sub-section.]
62. Power of Government to undertake certain works.— The Government may,
with the consent of a Municipality, undertake on its behalf the construction of water supply,
drainage or any other work, appoint any officer or person to carry out the construction of such
works and direct that the expenses including the pay and allowances of such officers be paid
from the Municipal fund in priority to any charges except charges for the service of authorised
loans.
“[63. Annual Administration Report.— (1) Every Municipality shall in accordance
with the provisions of this section publish a report of its administration in each year in such form
and with such details as the Government may direct, within the thirtieth day of September of the
succeeding year and where the report is not published within the said time limit, the Government
may withhold the payment of grants due to the Municipality thereafter.
(2) The draft of the Administration Report in respect of the institutions, offices and
officers under the control of the Municipality shall be prepared by the heads of such institutions
and offices and furnish to the Secretary of the Municipality and he shall prepare the draft of the
administration report of that Municipality in consultation with the Chairperson and place it
before the Standing Committee for Finance for scrutiny and then to the Council for approval.

35. Section 61 renumbered as sub-section (1) of that section and added sub-section (2) (3) & (4) by Act 14 of 1999, w.e.f.
24-3-1999.
36. Section 63 substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution section 63 read as under: “63.
Annual Administration Report.— (1) As soon as may be after the first day of April in every year and not later than
30th day of June of that year every Municipality shall submit to the officer authorised by the Government on this
behalf, a report on its administration during the preceding year in such form and with such details, as the
Government may direct.
(2) The report under sub-section (1) shall be prepared by the Secretary, considered by the Council and forwarded
to the officer referred to in the said sub-section with the resolution of the Council thereon, if any.
(3) Such officer shall before 30lh day of September every year submit a consolidated report to the Government.
(4) The Government shall, as soon as may be after receipt of the consolidated report cause the same to be laid before
the Legislative Assembly.”
 (3) The Administration Report of the Municipality as approved Council and published
shall be forwarded to the officer authorised by the Government and that officer shall before the
thirty first day of December every year submit to Government a consolidated report containing
abstracts of the administration reports of the Municipalities.
(4) The Government shall, as soon as may be, after the receipt of the consolidated
report lay the same, along with a review report of the Government before the Legislative
Assembly in its next session and such laying shall be within forty-five days from the first day of
the session.]
64. Power of Government to dissolve Municipality.—37[(1) Before the expiry of a
financial year, if the council fails to approve the budget of the Municipality for the succeeding
financial year, and if, for that reason, there is financial crisis to the Municipality or if the
majority of the councillors resign or have been disqualified, the Government may, by
notification in the Gazette, dissolve the Municipality from such date as may be specified therein
and shall forward a copy thereof to the State Election Commission.
Provided that before such dissolution, the Municipality shall be given a reasonable
opportunity of being heard.
(1A) Where the Government are of opinion that a Municipality consistently makes
default in performing the duties imposed on it by law or in carrying out the orders or directions
issued in accordance with law by the Government or exceeds or abuses its powers, they may, by
notification in the Gazette, dissolve the said Municipality and shall forward a copy thereof to the
State Election Commission:
Provided that the Government shall, before such dissolution communicate to the
Municipality their intention to dissolve the Municipality giving reasons therefore and give the
Municipality a reasonable opportunity to show cause against the same and consider its objection
or explanation, if any:
Provided further that if, after considering the objection or explanation of the
Municipality, it is considered that the Municipality shall be dissolved the advice of the
Ombudsman constituted under Section 271 G of the Kerala Panchayat Raj Act 1994 (Act 13 of
1994) shall be sought and the final decision shall be taken on the basis of that advice.]
(2) A Municipality dissolved 38[under sub-section (1) or sub-section (1A)] shall be
reconstituted within such time as the Government may specify in that behalf which shall not be
later than six months from the date of dissolution:
Provided that where the remainder of the period for which the dissolved Municipality
would have continued is less than six months, it shall not be necessary to hold any election for
reconstituting the Municipality for such period.

37. Sub-section (1) substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution sub-section (1) read as under:
“(1) Where the Government are of opinion that a Municipality persistently makes default in performing the duties
imposed on it by law, or in carrying out the orders or directions lawfully issued by the Government, or exceeds or
abuses its powers, the Government may, by notification in the Gazette, dissolve the Municipality from such date as
may be specified in the notification and forward a copy thereof to the State Election Commission.”

38. Substituted for “under sub-section (1)” by Act 14 of 1999, w.e.f. 24-3-1999.
 39
[(3) x x x]
(4) Upon the dissolution of a Municipality 40[under sub-section (1) or sub-section
(1A)] all the Councillors, including the Chairperson and the Deputy Chairperson shall forthwith
be deemed to have vacated their offices.
41
[(5) x x x]
(6) A Municipality which is constituted upon dissolution before the expiration of its
duration shall continue only for the remainder of the period for which the dissolved Municipality
would have continued had it not been so dissolved.
(7) Every notification issued 42[under sub-section (1) or sub-section (1A)] shall, as
soon as may be, after it is issued, be laid before the Legislative Assembly while it is in session
and if it is not in session, at the commencement of the ensuing session and the approval of the g
obtained.
65. 43[Appointment of Special Officer or Administrative Committee for the
administration of Municipality] — 44[(1) Where the term of a Municipality has been expired
and a new Municipality has not been constituted or where a Municipality has been dissolved
under Section 64, Government shall, by notification in the Gazette, appoint a Special Officer or
an Administrative Committee consisting of not less than three members who are Government
employees for the period as may be specified in the notification for the administration of the
Municipality:
Provided that, the term of appointment shall, not in any case be exceeded six months.]
45
[(lA)xxx]

39. Sub-section (3) omitted by Act 14 of 1999, w.e.f. 24-3-1999. The omitted sub-section (3) read as under:
“(3) Before publishing a notification under sub-section (1), the Government shall communicate to the Municipality
concerned the grounds on which they propose to do so, give the Municipality a reasonable period to show cause
against the proposal and consider its explanation or objection, if any.” by Act 14 of 1999, w.e.f. 24-3-1999.
40. Substituted for “under sub-section (1)” by Act 14 of 1999, w.e.f. 24-3-1999.
41. Sub-section (5) omitted by Act 14 of 1999, w.e.f. 24-3-1999. The omitted sub-section (5) read as under:
“(5) During the interim period between the dissolution and the reconstitution of a Municipality, all powers, functions
and duties of a Municipality including those of the Chairperson, the Deputy Chairperson, the Standing Committees
and other Committees thereof shall be exercised, performed or discharged by the Secretary or such other officer as
may be authorised by the Government in that behalf.”
42. Substituted for “under sub-section (1)” by Act 14 of 1999, w.e.f. 24-3-1999.
43. Substituted for the marginal heading “Appointment of Administrative Committee or Special Officer on failure to
constitute Municipality.—” by Act 14 of 1999, w.e.f. 24-3-1999.
44. Sub-section (1) substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution it read as under:
“(1) Where the duration of a Municipality has expired and a new Municipality has not been constituted or where the
Councillors of a Municipality have resigned, enbloc or where there are vacancies in the Council of a Municipality
either by resignation or otherwise of the Councillors and the number of remaining Councillors cannot constitute the
quorum for the meeting of the Council, the Government may, by notification in the Gazette, appoint.-
(i) an Administrative Committee and a Chairman thereof; or
(ii) a Special Officer, for such period as may be specified in the notification:
Provided that the period of appointment shall, in no case, exceed six months.”
45. Sub-section (1A) omitted by Act 14 of 1999, w.e.f. 24-3-1999. The omitted sub-section (1A) read as under:
*[“( 1 A) Notwithstanding anything contained in sub-section (1), in respect of Municipalities first constituted under
this Act, the term of office of the Administrative Committee or Special Officer may be extended by the Government
till the elected Councillors of such Municipality assume office under this Act or till the 30th September, 1995,
whichever occurs earlier.”] *Sub-section (1A) added by Act 8 of 1995, w.e.f. 1-10-1994.
 (2) The Administrative Committee or the Special Officer appointed under sub-section
(1) shall, subject to the control of the Government and to such instructions or directions as the
Government may issue, from time to time, have all the powers and functions of the Council, the
Chairperson, the Deputy Chairperson and the Committees of the Municipality and take all such
actions as may be required in the interests of the Municipality.
(3) The Administrative Committee or the Special Officer appointed under sub-section
(1) shall, notwithstanding that the period of appointment under the said sub-section has not
expired, cease to hold office 46[with effect from the date of reconstitution of the Municipality].
47
66. [x x x]
48
67. [xxx]
CHAPTER VI
ELECTION TO MUNICIPALITIES
68. Elections to Municipalities.— The superintendence, direction and control of the
preparation of electoral rolls, for, and the conduct of, all elections to the Municipalities shall vest
in the State Election Commission.

46. Substituted for the words “on the date of reconstitution of the Municipality or filling up of vacancies to constitute the
quorum for the meeting of the Council, as the case may be.” by Act 14 of 1999, w.e.f. 24-3-1999.
47. Section 66 omitted by Act 14 of 1999, w.e.f. 24-3-1999. The omitted Section 66 read as under:
“66. Removal of Chairperson, Deputy Chairperson or Councillor from Office.— (1) The Government may, on the
recommendation of the prescribed authority remove from office any Councillor of a Municipality, the Chairperson or, as
the case may be, the Deputy Chairperson, thereof after giving him an opportunity of being heard and after such inquiry as it
deems necessary, if such Councillor, Chairperson or, as the case may be, Deputy Chairperson has been guilty of
misconduct in the discharge of his duties and abuses his powers or makes persistent default in the performance of his duties
and functions under this Act and the rules or lawful orders made thereunder or has become incapable of performing his
duties and functions under this Act and the rules made thereunder. The Chairperson or, as the case may be , the Deputy
Chairperson so removed may at the discretion of the Government also be removed from the Councillorship of the
Municipality concerned.
(2) The Government, may, after following the procedure laid down in sub-section (1), disqualify for a period not exceeding
five years any person who has resigned his office as a Councillor, Chairperson or Deputy Chairperson, or otherwise ceased
to hold any such office and has been guilty of misconduct specified in sub-section (1):
Provided that an action under this sub-section shall be taken within six months from the date on which the person resigns or
ceases to hold any such office.”
48. Section 67 omitted by Act 14 of 1999, w.e.f. 1-10-2000. The omitted Section 67 read as under:
“67. Liability of the Chairperson, the Deputy Chairperson, the Chairman of Standing Committee, the Secretary, and the
members with respect to the loss, wastage and misuse of property.— (1) The Chairperson, the Deputy Chairperson, the
Chairman of Standing Committee, the Secretary or, as the case may be, any member, shall be personally liable for any loss,
wastage or misuse of money or other property of the Municipality arising from his misconduct or wilful negligence or
which has been facilitated or caused by him.
(2) Where the Government is satisfied that any loss, wastage or misuse of any money or other property of the Municipality
was caused as a direct consequence of the misconduct of the Chairperson, the Deputy Chairperson, the Chairman of
Standing Committee, the Secretary or the member concerned, the Government may, after giving him a reasonable
opportunity of showing cause against such action in writing, direct such Chairperson or the Deputy Chairperson or the
Chairman of Standing Committee or the member or the Secretary, as the case may be, to remit the amount of loss caused to
the Municipality arising out of such loss, wastage or misuse, to the Municipal Fund within a specified date.
(3) Where such amount has not been so remitted it shall be realised as if it where an arrear of revenue due on land and
credited to the Municipal Fund.
(4) Any person aggrieved by an order under sub-section (2) may, within thirty days from the date of receipt by him of such
order, apply to the District Court to modify or annul such order and that Court may, after taking such evidence as it thinks
fit, confirm, amend or remit such amount realised under such order and may also pass such orders as to costs as it thinks fit,
taking into account the circumstances of the case.”
 69. Division of Municipalities into wards for election, reservation etc.— (1) For the
purpose of election of Councillors to Municipalities, 49[the Delimitation Commission constituted
by Government under sub-section (1) of Section 10 of the Kerala Panchayat Raj Act, 1994]
shall, after previous publication of the proposals inviting objections or suggestions, if any and
after considering the same, divide the Municipalities into as many wards as there are number of
seats as notified under section 6 50[and determine the boundaries thereof]:
Provided that the population of each ward in a Municipality shall, as far as practicable,
be equal.
(2) Copies of the proposals published and final orders issued under sub-section
(1) shall be published by affixing copies thereof on the notice board of the office of the
Municipality concerned, and in such conspicuous places within the concerned municipal area.
The fact of such publication shall be published in the Gazette and in two local newspapers
having wide circulation within the municipal area concerned.
50A
[(2A) Every order issued by the Delimitation Commission with regard to the division
of wards and the determination of their boundaries under this section shall be published in the
Gazette and it shall have the force of law.]
(3) Only one Councillor shall be elected for each ward and election shall be by secret
ballot.
(4) A person whose name has been included in the electoral roll of a ward shall be
entitled to vote in an election to that ward.
(5) No delimitation of wards or change of wards for the purpose of reservation shall
be made in a Municipality after its constitution except for the purpose of general election to that
Municipality and no such delimitation or change of wards shall, in any manner, affect the
existing Municipality.
51
[69A. xxx]

49. Substituted for “*[State Election Commission or the officer authorised by it in this behalf by Act 4 of 2005, w.e.f.
10-1-2005.
* Substituted for “State Election Commission” Act 14 of 2000, w.e.f. 18-1-2000.
50. Substituted for the words “and fix the boundaries thereof and determine the wards which shall be reserved for the
Scheduled Castes or the Scheduled Tribes or the women in the Municipalities” by Act 14 of 1999, w.e.f. 24-3-1999.
50A. Sub-section (2A) inserted by Act 25 of 2013, w.e.f. 14-6-2010
51. Section 69A omitted by Act 4 of 2005, w.e.f. 10-1-2005. Prior to the substitution it read as under:
“69A. Review of Final orders by the State Election Commission.— (1) The State Election Commissions may, either
suo moto or on application, review any order passed under section 69 and pass such orders as it may deem fit.
(2) An application for review under sub-section (1) shall be submitted within fifteen days from the date of passing of
the final order on which the compliant is based:
Provided that the time taken for obtaining a copy of the order against which the complaint has been filed shall be
excluded from calculating the said fifteen days.
(3) Any order issued by the State Election Commission under sub-section (1) shall be published, as soon as may be
after it is issued, by affixing in the notice board of the concerned Municipality and in a conspicuous place within
such Municipal area and the fact of such publication shall be published, in the Gazette and in two local newspapers
having wide circulation in the concerned Municipal area”.
 70. Validity of delimitation etc.— The validity of any law relating to the delimitation
of wards or allotment of seats to such wards shall not be called in question in any court.
71. District Election Officers.— (1) The State Election Commission shall, in
consultation with the Government, designate or nominate an officer of the Government or of the
local authority as a District Election Officer for each District:
Provided that if the State Election Commission is satisfied that the duties of such office
cannot be satisfactorily performed by one such officer, it may, in consultation with the
Government designate or nominate more than one such officers for a District.
(2) Where more than one District Election Officers are designated or nominated for a
district, the State Election Commission shall, specify, in the order designating or nominating the
District Election Officers the area within which each such officer shall exercise jurisdiction.
(3) Subject to the superintendence, direction and control of the State Election
Commission, each District Election Officer shall co-ordinate and supervise all functions in
connection with the conduct of the election, including the preparation and renewal of voters list
with respect to each ward coming under his jurisdiction.
(4) The District Election Officer shall perform such other functions in connection with
the election, as may be entrusted to him by the State Election Commission.
72. Electoral Registration Officers.— (1) An Electoral Registration Officer shall
prepare and renew the voters list with respect to each ward of a Municipality, in such manner as
may be prescribed and he shall be an officer of the Government or a local authority designated
or nominated by the State Election Commission in consultation with the Government.
(2) The Electoral Registration Officer may, subject to such restriction as may be
prescribed, depute competent teachers including those of aided schools or Government
employees or employees of local authorities, to prepare and revise the voters list of the wards.
(3) The State Election Commission may designate one or more persons as Assistant
Electoral Registration Officers to assist the Electoral Registration Officer in the discharge of his
functions:
Provided that each such person shall be an officer of the Government or of a
Municipality.
(4) Each Assistant Electoral Registration Officer shall, subject to the control of the
Electoral Registration Officer, be competent to discharge all or any of the functions of the
Electoral Registration Officer.
73. Electoral rolls for the Municipality.— There shall be an electoral roll for every
ward in a Municipality which shall be prepared in accordance with the provisions of this Act
and under the superintendence, direction and control of State Election Commission.
74. Disqualifications for registration in electoral roll.— (1) A person shall be
disqualified for registration in an electoral roll if he-
(a) is not a citizen of India; or
(b) is of unsound mind and stands so declared by a competent court; or
(c) is for the time being, disqualified from voting under the provisions of any law
relating to corrupt practices and other offences in connection with elections.
 (2) The name of any person who becomes so disqualified after registration shall
forthwith be struck off from the electoral roll in which it is included:
Provided that the name of any person struck off from the electoral roll of a ward by
reason of disqualification under clause (c) of sub-section (1), shall forthwith be reinstated in that
roll if such disqualification is, during the period such roll is in force, removed under any law
authorising such removal of disqualification.
75. No person to be registered in the electoral roll for more than once.— No person
shall be entitled to be registered in the electoral roll for a ward in a Municipality more than once
and a person registered in the electoral roll for a ward in a Municipality shall not be entitled to be
registered in the electoral roll for any other ward in that Municipality or any other Municipality
or any constituency in a Village Panchayat.
76. Conditions of registration.— Subject to the provisions of sections 74 and 75,
every person who—
(a) is not less than eighteen years of age on the qualifying date; and
(b) is ordinarily resident in a ward in a Municipality, shall be entitled to be registered
in the electoral roll for that ward.
Explanation.— For the purposes of this section and section 78, “qualifying date” in
relation to the preparation or revision of an electoral roll, means the first day of January of the
year in which it is so prepared or revised.
77. Meaning of “ordinarily resident”.— (1) A person shall not be deemed to be
ordinarily resident in a ward in a Municipality on the ground only that he owns or is in
possession of a dwelling house therein.
(2) A person absenting himself temporarily from his place of ordinary residence shall
not, by reason thereof, cease to be ordinarily resident therein.
(3) A Member of the Parliament or of the State Legislative Assembly or the
Chairperson or Deputy Chairperson of a Municipality shall not, during the term of his office,
cease to be ordinarily resident in the ward, in the electoral roll of which he is registered as an
elector at the time of his election as such Member, Chairperson or Deputy Chairperson, by
reason of his absence from that ward in connection with his duties as such Member of
Chairperson or Deputy Chairperson, as the case may be.
(4) A person who is a patient in any establishment maintained wholly or mainly for
the reception and treatment of persons suffering from mental illness or mental defectiveness or
who is detained in prison or other legal custody at any place shall not, by reason thereof, be
deemed to be or ordinarily resident therein.
(5) Where a question arises as to whether a person is ordinarily resident at a place at
any relevant time, the question shall be determined by the State Election Commission with
reference to all the facts of the case and to such rules as may be made in this behalf.
51A
[77A. Special provision for the non-resident Indians to get themselves registered
in the electoral roll.— Notwithstanding anything to the contrary contained in other provisions
of this Chapter, any citizen of India as stated in Section 20A of the Representation of the People
Act, 1950 (Central Act 43 of 1950) shall be entitled to get himself registered as an elector in the
electoral roll to the constituency in which his place of residence in India as indicated in his
passport is located.]

51 A. Section 77A inserted by Act 2 of 2015, w.e.f. 1-1-2015

 78. Preparation and revision of electoral rolls.— (1) The electoral roll for each ward
in a Municipality shall be prepared by the Electoral Registration Officer in the prescribed
manner with reference to the qualifying date and shall come into force immediately upon its
final publication in accordance with the rules made under this Act.
(2) The said electoral roll shall,—
(a) unless otherwise directed by the State Election Commission, for reasons to be
recorded in writing, be revised by the Electoral Registration Officer in the prescribed manner
with reference to the qualifying date—
(i) before each ordinary election to a Municipality; and
(ii) before each bye-election to fill a casual vacancy in a Council;
(b) be revised in any year in the prescribed manner with reference to the qualifying
date if such revision has been directed by the State Election Commission:
Provided that if the electoral roll is not revised as aforesaid, the validity of continued
operation of the said electoral roll shall not thereby be affected.
(3) Notwithstanding anything contained in sub-section (2), the State Election
Commission may, at any time, for reasons to be recorded in writing, direct a special revision of
the electoral roll for a ward or part thereof in such manner as it may think fit:
Provided that, subject to the other provisions of this Act, the electoral roll for a ward as
in force at the time of the issue of any such direction, shall continue to be in force until the
completion of the special revision so directed.
79. Correction of entries in electoral roll.— If the Electoral Registration Officer, on
application made to him or on his own motion, is satisfied after such enquiry as he thinks fit, that
any entry in an electoral roll,-
(a) is erroneous or defective in any particulars; or
(b) should be transposed to another electoral roll on the ground that the person
concerned has changed his place of ordinary residence; or
(c) should be deleted on the ground that the person concerned is dead or has ceased to
be an ordinarily resident in a ward or is otherwise not entitled to be registered in that roll, the
Electoral Registration Officer shall amend, transpose or delete the entry, as the case may be:
Provided that before taking any action on any ground under clause (a) or clause
(b) or any action under clause (c) on the ground that the person concerned has ceased
to be ordinarily resident in a ward or, that he is otherwise not entitled to be registered in an
electoral roll, the Electoral Registration Officer shall give the person concerned a reasonable
opportunity of being heard in respect of the action proposed to be taken in relation to him.
80. Inclusion of names in electoral roll.— (1) Any person whose name is not
included in the electoral roil for a ward may apply to the Electoral Registration Officer for the
inclusion of his name in that roll.
(2) The Electoral Registration Officer shall, if he is satisfied that the applicant is
entitled to be registered in the electoral roll, direct that his name be included therein:
Provided that if the applicant is already registered in any other electoral roll, the
Electoral Registration Officer shall where he himself is concerned with the preparation or
revision of that other electoral roll, strike off the applicant’s name from that electoral roll or
where he is not concerned with the preparation or revision of that other electoral roll, he shall
inform such inclusion to the Electoral Registration Officer concerned who shall, on receipt of
the information, strike off the applicant’s name from that roll.
(3) No amendment, transposition or deletion of any entry under section 79 nor any
inclusion of a name, in the electoral roll under this section shall be made after the last date for
making nomination for an election and before completion of that election.
81. Appeals.— An appeal shall lie to the District Election Officer concerned within
such time and in such manner as may be prescribed from any order of the Electoral Registration
Officer under section 79 or section 80.
82. Fee for applications and appeals.— Every application under section 79 or
section 80 and every appeal under section 81 shall be accompanied by such fee as may be
prescribed which shall, in no case, be refundable.
83. Special provision for adopting the electoral roll of legislative constituency.—
(1) Notwithstanding anything contained in this Act, the State Election Commission may, if it
deems necessary, for the purpose of election under this Act, prepare the electoral rolls of the
Municipality by adopting the existing electoral rolls of the legislative assembly constituency,
without conducting an enumeration.
(2) The electoral rolls of the legislative assembly constituency adopted under sub-
section (1) shall be divided into separate parts for each ward of the Municipalities and all voters
included in the electoral rolls of the legislative assembly constituency relating to it shall be
included in the electoral rolls of the Municipality concerned.
Explanation.— In this section “legislative assembly constituency” means, the
constituency for the purpose of election to the State Legislative Assembly.
(3) While preparing the electoral rolls, under sub-section (1), the State Election
Commission shall observe the procedure prescribed for the preparation of electoral rolls under
this Act and the rules made thereunder, with necessary modifications.
84. Making false declaration.— If any person makes in connection with—
(a) the preparation, revision or correction of an electoral roll, or
(b) the inclusion or exclusion of any entry in or from an electoral roll,
a statement or declaration in writing which is false and which he either knows or
believes to be false or does not believe to be true, he shall be punishable with imprisonment for a
term which may extend to two years, or with fine which 52[may extend to five thousand rupees]
or with both.
53
[84A Breach of official duty in connection with the preparation etc. of electoral
rolls.— (1) If any Electoral Registration Officer or Assistant Electoral Registration Officer or
any other person required by or under this Act to discharge any official duty in connection with
preparation, revision or correction of an electoral roll, or the inclusion or exclusion of any entry
in or from that roll is, without reasonable cause, guilty of any act or omission in breach of such
official duty, he shall be punishable with fine which shall not be less than one thousand rupees.

52. Substituted for “may extend to two thousand rupees” by Act 14 of 1999, w.e.f. 24-3-1999.
53. Inserted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009.
 (2) No suit or other legal proceedings shall lie against any such officer or other person
for damages in respect of any such act or omission as aforesaid.
(3) No court shall take cognizance of any offence punishable under sub-section (1)
except on a complaint made by order of, or under authority from, the State Election
Commission.]
85. Qualification of candidates.— No person shall be qualified for election as a
Councillor of a Municipality unless he possesses the following qualifications-
(a) the name of such person appears in the electoral roll in any of the wards in that
Municipality;
(b) he has completed twenty first year of age on the date of submission of nomination;
(c) in the case of a seat reserved for the Scheduled Castes or the Scheduled Tribes, he
is a member of any of the Scheduled Castes or the Scheduled Tribes, as the case may be;
(d) in the case of a seat reserved for women, such person is a woman;
(e) he has not been disqualified under any other provisions of this Act;
(f) he makes and subscribes before the Returning Officer or any other person
authorised by the State Election Commission an oath or affirmation in the form set out in the
Second Schedule.
54
[Provided that even if a candidate has omitted any word or words inadvertently when
he makes and subscribes signature in such oath or affirmation and he has subsequently been
elected as Councillor and assumed office on oath or affirmation made in the Third Schedule he
shall not be considered as disqualified for the mistake happened earlier.]
86. Disqualification of officers and employees of Government, local authorities
etc.— (1) No officer or employee in the service of a State or Central Government or a local
authority or a Corporation owned or controlled by a State or the Central Government or of a
company in which a State or Central Government or local authority has 55[not less than fifty one
per cent share] or of Boards or any University established under a State enactment shall be
qualified for election as, or for holding the office of Councillor of a Municipality.
56
[Explanation 1].— For the purpose of this section, company means a Government
Company as defined in section 617 of the Companies Act, 1956 (Central Act 1 of 1956) and
includes a Co-operative Society registered or deemed to have been registered under the Kerala
Co-operative Societies Act, 1969 (21 of 1969).]

54. Proviso inserted by Act 10 of 2003, w.e.f. 24-3-1999.

3. Validation.-Notwithstanding anything contained in the Kerala Municipality Act, 1994 (20 of 1994) or in any other
law, or in any judgement or order of any Court, where a person has been elected as a Councillor of a Municipality
and has assumed office after making and subscribing oath or affirmation as per the Third Schedule of the principal
Act, 1994, he shall not deemed to be disqualified for being a Councillor or his election shall not be considered as
invalid for the only reason that while presenting nomination paper he has omitted any word or words in the oath or
affirmation made or subscribed before the returning officer or any other authority and shall continue to be the
Councillor.
55. Substituted by Act 8 of 1995, w.e.f. 5-8-1995.
56. Inserted by ibid. This explanation was renumbered as “Explanation 1” and inserted “Explanation 2” by Act 25 of
2013, w.e.f. 14-6-2010.
 56
[Explanation 2.— For the purpose of this section, the part lime employees and
persons receiving honorarium except the anganwadi employees, Balawadi employees and Asha
workers shall be deemed to be employees].
(2) Any officer or employee referred to in sub-section (1) who has been dismissed for
corrupt practices or disloyalty shall be disqualified for a period of five years from the date of
such dismissal for election as, or for holding office of, Councillor of a Municipality.
87. Disqualification of persons convicted for certain offences.— Every person
convicted of an offence punishable under Chapter IX-A of the Indian Penal Code, 1860 (Central
Act 45 of 1860) or under any other provisions of law referred to in section 8 of the
Representation of the People Act, 1951 (Central Act 43 of 1951) or under any law or rule
relating to the infringement of the secrecy of an election, shall be disqualified from voting or
from being elected in any election to which this Act applies or from holding the office of
Councillor of a Municipality for a period of six years from the date of his conviction.
88. Disqualification on ground of corrupt practices.— (1) The case of every person
found guilty of a corrupt practice by an order under section 177 shall be submitted, as soon as
may be after such order takes effect, by such authority as the Government may specify in this
behalf, to the Governor for determination of the question as to whether such person shall be
disqualified and if so, for what period:
Provided that the period for which any person may be disqualified under this
sub-section shall in no case exceed six years from the date on which the order made in relation
to him under section 177 takes effect.
(2) Before giving his decision on any question under sub-section (1) the Governor shall
obtain the opinion of the State Election Commission on that question and shall Act according to
such opinion.
57
[89. Disqualification on account of failure to submit account of election
expenses.— If the State Election Commission is satisfied that a person:-
(a) has failed to submit an account of election expenses within the time and in the
manner prescribed and has no sufficient reason or justification for such failure or
(b) has submitted false accounts;
(c) has incurred election expenses in excess of the limit prescribed,
it shall, by order published in the Gazette, declare him to be disqualified and such
person shall be disqualified for being elected as the Councillor “[for a period of five years from
the date of such order.]
90. Disqualifications of candidates.— (1) A person shall be disqualified in the
following circumstances for being chosen as and for being a Councillor of a Municipality if he-
(a) is so disqualified under any provision of the Constitution or by or under any law for
the time being in force relating to elections to the State Legislative Assembly; or

57. Section 89 substituted by Act 14 of 1999, w.e.f. 24-3-1999.

58. Substituted for the words “till the expiry of the period of the Council from the date of the order” by Act 14 of 2000,
w.e.f. 18-1-2000.
 59
[(aa) has been proved at any later time, that the community Certificate produced
before the Returning Officer or the declaration submitted along with the nomination paper under
sub-section (2) of section 108 for contesting to a seat reserved for Scheduled Castes and
Scheduled Tribes was false or bogus or that he does not belong to Scheduled Caste or Scheduled
Tribe, as the case may be, under the Kerala (Scheduled Castes and Scheduled Tribes) Regulation
of Issue of Community Certificates Act, 1996 (11 of 1996) or under any other law for the time
being in force and declared as such and six years have not elapsed from the date of such
declaration; or]
60
[(b) (i) has been sentenced by a Court or a Tribunal with imprisonment for a period of
not less than three months for an offence involving moral turpitude; or
(ii) has been found guilty of corruption by the competent authority under any law in
force, or
(iii) has been held personally liable for maladministration by the Ombudsman
constituted under the Kerala Panchayat Raj Act, 1994 (13 of 1994), or]
(c) has been adjudged to be of unsound mind; or
(d) has voluntarily acquired the citizenship of a foreign state; or
(e) has been sentenced by a criminal court for any electoral offence punishable under
section 160 or 61[x x] of section 162 or has been disqualified from exercising any electoral right
on account of corrupt practices in connection with an election and six years have not elapsed
from the date of such sentence or disqualification; or
(f) is an applicant for being adjudicated as an insolvent or is an undischarged
insolvent; or
(g) is interested in subsisting contract made with, or any work being done for the
Government or 62[any Local Self Government Institution] except as a shareholder (other than a
Director) in a company or except as permitted by rules made under this Act.
Explanation.— A person shall not, by reason of his having a share or interest in any
newspaper in which any advertisement relating to the affairs of the Government or 62[any Local
Self Government Institution], or by reason of his holding a debenture or being otherwise
concerned in any loan raised by 63[Government or Local Self Government Institution or on
behalf of the Government or Local Self Government Institution], be disqualified under this
clause; or
64
[(h) is employed as a paid legal practitioner on behalf of that Municipality; or]
59. Inserted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009.
60. Clause (b) substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution clause (b) read as under: “(b) has
been sentenced by a criminal court to imprisonment for a period of more than one year for any offence other than an
offence not involving moral delinquency (such sentence not having been reversed or the offence pardoned) while he is
undergoing the sentence and for six years from the date of expiration thereof: or” by Act 8 of 1995, w.e.f. 5-8-1995.”
61. Omitted by Act 8 of 1995.
62. The words “Municipality Concerned” substituted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No.
1844, dt. 7-10-2009.
63. Substituted for “or on behalf of the Municipality” by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No.
1844, dt. 7-10-2009. There seems to be some mismatch of words in this part of the amendment.
64. Clause (h) substituted by Act 33 of 2005, w.e.f. 24-8-2005. Prior to the substitution it read as under:
“(h) is employed as a paid legal practitioner on behalf of the Municipality or as a legal practitioner against the
Municipality: or”
 (i) is already a Councillor whose term of office as such will not expire before his fresh
election can take effect or has already been elected as Councillor whose term of office has not
yet commenced; or
(j) is in arrears of any kind due by him 65[to the Government or to the Local Self
Government Institution upto and inclusive of the previous year] (otherwise than in a fiduciary
capacity) in respect of which a bill or notice has been duly served upon him and the time, if any,
specified therein for payment has expired; or
(k) is dismissed or removed from any of the services referred to in section 86 and five
years have not elapsed from the date of such dismissal or removal; or
66
[(kk) has been disqualified under the provisions of The Kerala Local Authorities
(Prohibition of Defection) Act, 1999 and six years have not elapsed since the date of his
disqualification; or]
(I) is debarred from practising as an Advocate or Vakil; or
(m) is a deaf-mute; or
(n) is disqualified under any other provisions of this Act; or
(o) is black-listed consequent on defaulted performance under any contract or auction
with the Government; 67[or]
68
[(p) has been found by the Ombudsman that there is loss, wastage or misuse of money
or property of the Municipality.]
(2) If any question arises as to whether the candidate has become subjected to any of
the disqualifications mentioned in sub-section (1), the question shall be referred to for the
decision of the State Election Commission and the decision of the State Election Commission on
such question shall be final.
91. Disqualification of Councillors.— 68A[(1)] Subject to the provisions 63[of section 92
or Section 178], a Councillor shall cease to hold office as such if he-
70
[(a) is found guilty under clause (b) of sub-section (1) of Section 90 or is sentenced
for such an offence; or]
71
[(aa) has been proved under the Kerala (Scheduled Castes and Scheduled Tribes)
Regulation of Issue of Community Certificates Act, 1996 (11 of 1996) or under any other law
for the time being in force that he does not belong to Scheduled Caste or Scheduled Tribe, as the
case may be, and declared as such in the case of a member elected to an office reserved for
Scheduled Castes or Scheduled Tribes; or]
(b) has been adjudged to be of unsound mind; or
(c) has voluntarily acquired the citizenship of a foreign State; or

65. The words " to the Municipality upto and inclusive of the previous year" substituted by Act 30 of 2009, w.e.f. 7-10-2009,
published in K.G.Ex. No. 1844, dt. 7-10-2009.
66. Clause (kk) added by Act 11 of 1999, w.e.f. 2-10-1995.
67. Added by Act 14 of 1999, w.e.f. 24-3-1999.
68. Clause (p) added by Act 14 of 1999, w.e.f. 24-3-1999.
68A. Existing section renumbered as sub-section (1) by Act 12 of 2009, w.e.f. 5-5-2007.
69. Substituted for "of section 93" by Act 14 of 1999, w.e.f. 24-3-1999.
70. Clause (a) substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution clause (a) read as under: "(a) is sentenced
by a criminal court to such punishment and for such offence as is described in clause (b) o section 90; or"
71. Inserted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009.
 (d) has been sentenced by a criminal court for any electoral offence punishable under
section 160 or 72[xx] section 162 or has been disqualified from exercising any electoral right on
account of corrupt practices in connection with an election, and six years have not elapsed from
the date of such sentence of disqualification; or
(e) has applied for being adjudicated, or is adjudicated, as an insolvent; or
(f) acquires any interest in any subsisting contract made with, or work being done
for the Government or the 73[any Local Self Government Institution] except as a shareholder
(other than a director) in a company or except as permitted by rules made under this Act 74[or
enters into the contract or work 75[with the Local Self Government Institution] as a Convener of
the beneficiary committee which undertake the project or work 76[of any Local Self Government
Institution], as per any rules made under this Act.]
Explanation.— A person shall not, by reason of his having a share or interest in any
newspaper in which any advertisement relating to the affairs of the Government or the 73[any
Local Self Government Institution] may be inserted, or by reason of his holding a debenture or
being otherwise concerned, in any loan raised 77[by or on behalf of the Local Self Government
Institution] concerned be disqualified under this clause; or
(g) is employed as a paid legal practitioner on behalf of the Municipality or accepts
employment as a legal practitioner against the Municipality;
(h) ceases to reside in the Municipality; or
(i) is debarred from practising as an Advocate or Vakil; or
(j)is in arrears of any kind due by him (otherwise than in a fiduciary capacity) 78[to
the Government or to the Local Self Government Institutions upto and inclusive of the previous
year] in respect of which a bill or notice has been duly served upon him and the time if any,
specified therein, has expired; or
79
(k) [absents himself without the permission of the Municipality concerned from the
meetings of the council of the Standing Committee as the case may be, for a period of three
consecutive months reckoned from the date of the commencement of his term of office, or of the
last meeting which he attended, or of the restoration to a office, as member under sub-section (1)
of Section 93, as the case may be or if within the said period of three months,] less than three
meetings have been held, absents himself from three consecutive meetings held after the said
date:
72. Omitted by Act 8 of 1995.
73. The words "the Municipality concerned" substituted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No.
1844, dt. 7-10-2009.
74. Inserted by Act 33 of 2005, w.e.f. 24-8-2005.
75. The words "of that Municipality" substituted by Act 30 of 2009, w.e.f. 7-10-2009, published in K G Ex No 1844 dt. 7-
10-2009.
76. The words "with the Municipality" substituted by Act 30 of 2009, w.e.f. 7-10-2009, published in K GEx No 1844 dt.
7-10-2009.
77. The words "by or on behalf of the Government or theMunicipality " substituted by Act 30 of 2009, w.e.f. 7-10-2009,
published in K.GEx. No. 1844, dt. 7-10-2009.
78. The word “to the Municipality upto and inclusive of the previous year” substituted by Act 30 of 2009, w.e.f. 7-10-
2009, published in K.GEx. No. 1844, dt. 7-10-2009.
79. Substituted for the words “absents himself, without the permission of the Municipality,concernedfrom the meetings
of the Council or any Committee thereof for a period of three consecutive months reckoned from the date of
commencement of his term to office, or of the last meeting which he attended, or of the restoration of office, as
member under sub-section(1) of section 93, as the case may be, or, if within the said period” by Act14 of 1999, w.e.f.
24-3-1999.
 Provided that no meeting from which a Councillor absented himself shall be counted
against him under this clause if-
(i) due notice of that meeting was not given to him; or
(ii) the meeting was held after giving shorter notice than that prescribed for an
ordinary meeting; or
80
(iii) the meeting was held on a requisition by the Councillors; [xx]
81
[Provided further that the Municipality in no case, shall give permission to a
Councillor from not attending the meetings of the council or the Standing Committee for a
continuous period exceeding six months; or]
(I) is disqualified under any provision of the Constitution or by or under any law, for the
time being in force, relating to election to the State Legislative Assembly; or
82
[(ll) has been disqualified under the provisions of the Kerala Local Authorities
(Prohibition of Defection) Act, 1999; or]
(m) is disqualified under any other provisions of this Act.
83
[(n) is responsible for the loss or wastage or misuse of money and properties of the
Municipality; or
(o) has failed, twice consecutively, to convene once in three months the meeting of the
Ward Committee or the Ward Sabha of which he is the Convenor; or
(p) has failed to file declaration of assets within the time limit prescribed in
Section 143A; or
(q) has been declared disqualified, as per Section 89.]
84
[(2) Notwithstanding anything contained in clause (p) of sub-section (1), a member
who had committed default in filing a statement of his assets and liabilities within the time limit
prescribed under Section 143A on the date on which the Kerala Municipality (Amendment) Act,
2007 came into force, shall not be deemed to be disqualified if he files such statement before the
concerned authority within 90 days from the date on which the said Act came into force.]
85
[91A. Cessation of membership.— (1) No Councillor shall be a member of the Parliament
or of the State Legislature at the same time and accordingly,—
(a) If a member of the Parliament or of the State Legislature is elected as a Councillor has
not resigned his membership before entering such office; or
(b) Where a Councillor elected or nominated to the Parliament or to State Legislature on
entering upon such office the office of Councillor to that person shall become vacant.]

80. The word “or” omitted by Act 14 of 1999, w.e.f. 24-3-1999.

81. Proviso added by Act 14 of 1999, w.e.f. 24-3-1999.
82. Clause (I I) added by Act 11 of 1999, w.e.f. 2-10-1995.
83. Clauses (n), (o), (p) & (q) added by Act 14 of 1999, w.e.f. 24-3-1999.
84. Inserted by Act 12 of 2007 dated 05-05-2007.
85. Section 91A inserted by Act 14 of 1999, w.e.f. 1-10-2000
 92. Determination of subsequent disqualification of a Councillor.- (1) Whenever a
question arises as to whether a Councillor has become disqualified under section 86 86[or section
91, except clause (II)] after having been elected as such Councillor, any Councillor of a
Municipality concerned or any other person entitled to vote at the election in which the
Councillor was elected, may file a petition before the State Election Commission, for decision.
87
[Provided that the Secretary or any Officer authorised by the Government in this
behalf may refer such a dispute to the State Election Commission for decision.]
(2) The State Election Commission shall, after making such enquiry as it considers
necessary, decide whether such Councillor has become disqualified or not and the decision shall
be final, 88[so, however, that the State Election Commission may pass an interim order as to
whether the Councillor shall continue to hold his office or not, till a decision is taken or on the
petition or reference referred to in sub-section (1).]
89
(3) [the Petition or reference under] in sub-section (1) shall be disposed of in
accordance with the procedure applicable under the Code of Civil Procedure, 1908 (Central Act
5 of 1908) when trying a suit.
93. Restoration of Councillors.— (1) Where a person ceases to be a Councillor
under section 87 or clause (a) of section 91, he shall be restored to office for such portion of the
period for which he was elected as may remain unexpired at the date of such restoration, if and
when the sentence is annulled on appeal or revision and any person elected to fill the vacancy in
the interim shall, on such restoration, vacate office
(2) Where a person ceases to be a Councillor under clause (k) of section 91 the
Secretary shall at once intimate the fact in writing to such person and report the same to the
Council, at its next meeting. If such person applies for restoration to the Council on or before the
date of its next meeting or within fifteen days of the receipt by him of such intimation, the
Council may at the meeting next after the receipt of such application restore him to his office of
Councillor:
Provided that a Councillor shall not be restored more than once during his term of
office.

CHAPTER VII
NOTIFICATION OF GENERAL ELECTIONS AND ADMINISTRATIVE
MACHINERY FOR THE CONDUCT OF ELECTIONS
94. Notification for general election to Municipalities.— (1) A general election shall be
held for the purpose of constitution or reconstruction of new Municipalities before the expiration of
the duration of the existing Municipalities or on dissolution
(2) For the said purpose, the Government shall, by one or more notifications published
in the Gazette on such date or dates, as may be recommended by the State Election Commission,
call upon Municipalities in the State to elect Councillors in accordance with the provisions of
this Act and of the rules and orders made thereunder.

85.
85. Section 91A inserted by Act 14 of 1999, w.e.f. 1-10-2000.
86.
86. Substituted for "or section 91 " by Act 11 of 1999, w.e.f. 2-10-1995.
87.
87. Proviso added by Act 14 of 1999, w.e.f. 24-3-1999.
88.
88. Substituted for the words "so, however, that pending such decision, the Councillor shall be entitled to act as if he
were not disqualified" by Act 14 of 1999, w.e.f. 24-3-1999.
89.
89. Substituted for the words "Every petition referred to" by Act 14 of 1999, w.ef 24-3-1999
 95. Delegation of functions of State Election Commission.— The functions of the
State Election Commission under the Constitution of India, and this Act or the rules made
thereunder, may, subject to such general or special directions, if any, as may be given by the
State Election Commission in this behalf, be performed also by the Secretary to the State
Election Commission.
96. General duties of District Election Officers.— Subject to the superintendence,
direction and control of the State Election Commission, the District Election Officer, shall co-
ordinate and supervise all work in connection with the conduct of all elections to the
Municipalities within his area of jurisdiction, and also performed such other functions as may be
entrusted to him by the State Election Commission.
90
[96A. Election observers.— (1) For observing the election in every Municipality the
State Election Commission may, in consultation with the Government nominate a higher officer
of the Government as Election Observer.
(2) The Election Observer nominated under sub-section (1) shall assist the State
Election Commission to ensure a fair and equitable election and shall discharge such other
functions entrusted by the Commission.]
97. Returning Officers.— For every Municipality and for every election to fill a
seat or seats in a Municipality, the State Election Commission shall in consultation with the
Government, designate or nominate 1[one or more Returning Officers] who shall be an officer of
the Government or of a local authority:
Provided that nothing in this section shall prevent the State Election Commission from
designating or nominating the same person to be the Returning Officer for more than one
Municipality.
98. Assistant Returning Officers.— (1) The State Election Commission may
appoint one or more Assistant Returning Officers who shall be officers of the Government or of
the local authorities to assist any Returning Officer in the performance of his functions.
(2) Every Assistant Returning Officer shall, subject to the control of the Returning
Officer, be competent to perform all or any of the functions of the Returning Officer:
Provided that no Assistant Returning Officer shall perform any of the functions of the
Returning Officer relating to the scrutiny of nominations unless the Returning Officer is
unavoidably prevented from performing the said function.
99. Returning Officer to include Assistant Returning Officers performing the
functions of the Returning Officer.—References in this Act to the Returning Officer shall,
unless the context otherwise requires, be deemed to include an Assistant Returning Officer
performing any function which he is authorised to perform under sub-section (2) of section 98.
100. General duty of the Returning Officer.— It shall be the general duty of the
Returning Officer at any election to do all such acts and things as may be necessary for
effectively conducting the election in the manner provided by this Act and the rules or orders
made thereunder.

90. Section 96A inserted by Act 14 of 1999, we.f. 24-3-1999.

1. Substituted for “a Returning Officer” by Act 14 of 1999, w.e.f. 24-3-1999.
 101. Provision of polling stations.— The District Election Officer shall, with the
previous approval of the State Election Commission, provide sufficient number of polling
stations for every Municipality within the area of his jurisdiction, and shall publish in such
manner as the State Election Commission may direct, a list showing the polling stations so
provided and the polling areas or group of voters for which they have respectively been
provided.

102. Appointment of Presiding Officers for polling stations.— (1) The District
Election Officer shall appoint a Presiding Officer for each polling station and such Polling
Officer or officers as he thinks necessary, but he shall not appoint any person who has been
employed by or on behalf of, or has been otherwise working for, a candidate in or in relation to
election:
Provided that if a Polling Officer is absent from the polling station, the Presiding Officer
may appoint any person who is present at the polling station other than a person who has been
employed by or on behalf of, or has been otherwise working for, a candidate in or in relation to
the election, to be the Polling Officer during the absence of the former officer, and inform the
District Election Officer accordingly:
Provided further that nothing in this sub-section shall prevent the District Election
Officer from appointing the same person to be Presiding Officer for more than one polling
station in the same premises.
(2) A Polling Officer shall, if so directed by the Presiding Officer, perform all or any
of the functions of a Presiding Officer under this Act or any rules or orders made thereunder.
(3) If the Presiding Officer, owing to illness or other unavoidable cause, is obliged to
absent himself from the polling station, his functions shall be performed by such Polling Officer
as has been previously authorised by the District Election Officer to perform such functions
during any such absence.
(4) References in this Act to the Presiding Officer shall, unless the context otherwise
requires, be deemed to include any person performing any function which he is authorised to
perform under sub-section (2) or sub-section (3), as the case may be.
103. General duty of the Presiding Officer.— It shall be the general duty of the
Presiding Officer at a polling station to keep order thereat and to see that the poll is fairly taken.
104. Duty of a Polling Officer.— It shall be the duty of the Polling Officer at a
polling station to assist the Presiding Officer for such station in the performance of his functions.
2
[104A. The Returning Officer, Presiding Officer etc. be deemed to be on
deputation to the Election Commission.— The Returning Officer, Assistant Returning Officer,
Presiding Officer, Polling Officer and any other officer, Police Officer and Election observer
designated for the time being to conduct a general election or bye-election under the provisions
of this Act shall be deemed to be on deputation to the State Election Commission for the period
from the date of notification for such election to the date of declaration of the results of such
election accordingly such officers shall be subject to the control, supervision and command of
the State Election Commission during that period.]

2. Section 104A inserted by Act 14 of 1999, w.e.f. 24-3-1999.

 CHAPTER VIII
CONDUCT OF ELECTIONS

105. Appointment of dates for nominations etc.— As soon as a notification for an

election is issued, the State Election Commission shall, by notification in the Gazette, appoint-
(a) the last date for making nominations, which shall be the seventh day after the
date of publication of the first mentioned notification or, if that day is a public holiday, the next
succeeding day which is not a public holiday;
(b) the date for the scrutiny of nominations, which shall be the day immediately
following the last day for making nominations or, if that day is a public holiday, the next
succeeding day which is not a public holiday;
(c) the last day for the withdrawal of candidature, which shall be the second day after
the date for the scrutiny of nomination or, if that day is a public holiday, the next succeeding day
which is not a public holiday;
(d) the date or dates of which a poll shall, if necessary, be taken, which or the first of
which shall be a date not earlier than 3[the fourteenth day] after the last date for the withdrawal
of candidature; and
(e) the date before which the election shall be completed.
106. Public notice of election.— On the issue of a notification under section 105, the
Returning Officer shall give public notice of the intended election in such form and manner, as
may be prescribed, inviting nominations of candidates for such election and specifying the place
at which the nomination papers are to be delivered.
107. Nomination of candidates for election.—Any person may be nominated as a
candidate for election to fill a seat if he is qualified to be chosen to fill that seat under the
provisions of this Act:
4
[Provided that a person nominated as a candidate for filling up a seat in a Municipality
shall not be nominated as candidate in another ward of the same Municipality]
108. Presentation of nomination paper and requirements for a valid nomination.-
(1) On or before the date appointed under clause (a) of section 105 each candidate shall, either in
person or by his proposer, between the hours of eleven o’clock in the forenoon and three o’clock
in the afternoon deliver to the Returning Officer at the place specified in this behalf in the notice
issued under section 106 a nomination paper completed in the prescribed form and signed by the
candidate and by an elector of the ward as proposer.
5
[(1A) Every candidate submitting nomination under sub-section (1) shall not be
deemed to be qualified to be elected to fill that post unless he submits along with such
nomination the details regarding his educational qualification, criminal cases in which he is
involved at the time of submission of nomination, property owned by him and other members of
his family, liabilities including arrears due from him to any Public Sector Undertaking or
Government or Local Self Government Institutions and whether disqualified for defection under
the Kerala Local Authorities (Prohibition of Defection) Act, 1999 in the form and manner as
may be prescribed.]
3. The words “the twentieth day” substituted by Act 30 of 2009,K.GEx..No:1844, w.e.f. 7-10-2009
4. Proviso added by Act 8 of 1995, w.e.f. 5-8-1995.
5. Sub-section (1A) inserted by Act 37 of 2005, w.e.f. 24-8-2005.
 (2) In a ward where the seat is reserved for the Scheduled Castes or the Scheduled
Tribes a candidate shall not be deemed to be qualified to be chosen to fill that seat 6[unless a
Community Certificate specifying the particular caste or tribe of which he is a member issued by
the competent Officer is produced along with his nomination paper contains a declaration in
respect of his caste].

(3) Where the candidate is a person who, having held any office referred to in section
86 has been dismissed or removed and a period of five years has not elapsed since the dismissal
or removal, such person shall not be deemed to be duly nominated as a candidate unless his
nomination paper is accompanied by a certificate issued in the prescribed manner by the State
Election Commission to the effect that he has not been dismissed or removed for corruption or
disloyalty.
(4) On the presentation of a nomination paper, the Returning Officer shall satisfy
himself that the names and electoral roll numbers of the candidate and his proposer as entered in
the nomination paper are the same as those entered in the electoral roll:
Provided that no misnomer or inaccurate description or clerical, technical or printing
error in regard to the name of the candidate or his proposer or any other person or in regard to
any place, mentioned in the electoral roll or the nomination paper and no clerical, technical or
printing error in regard to the electoral roll numbers of any such person in the electoral roll or the
nomination paper, shall affect the full operation of the electoral roll or the nomination paper with
respect to such person or place in any case where the description in regard to the name of the
person or place is such as to be commonly understood; and the Returning Officer shall permit
any such misnomer or inaccurate description or clerical, technical or printing error to be
corrected and were necessary, direct that any such misnomer, inaccurate description, clerical,
technical or printing error in the electoral roll or in the nomination paper shall be overlooked.
(5) Nothing in this section shall prevent any candidate from being nominated by
more than one nomination paper:
Provided that not more than three nomination papers shall be presented by or on behalf
of any candidate or accepted by the Returning Officer.
109. Deposits.— (1) A candidate shall not be deemed to be duly nominated for election
from a ward in a Municipality unless he deposits or causes to be deposited such sum as may be
prescribed:
Provided that in the case of candidates belonging to the Scheduled Castes or the
Scheduled Tribes, the amount of deposit shall be fifty percent of the amount prescribed-
Provided further that where a candidate has been nominated by more than one
nomination paper, not more than one deposit shall be required of him under this sub-section.
(2) Any sum required to be deposited under sub-section (1) shall not be deemed to
have been deposited under that sub-section unless, at the time of delivery of the nomination
paper under sub-section (1) of section 108 the candidate has either deposited or caused to be
deposited that sum with the Returning Officer in cash or enclosed with the nomination paper a
receipt showing that the said sum has been deposited by him or on his behalf in the office of
such authority as may be notified by the Government
6. The words “unless his nomination paper contains a declaration by him specifying the particular caste or tribe of which he is a
member” substituted by Act 30 of 2009, w.e.f. 7-10-2009.
 110. Notice of nominations and the time and place for their scrutiny.- The
Returning Officer shall, on receiving the nomination paper under sub-section (1) of section 108
inform the person or persons delivering the same, of the date, time and place fixed for the
scrutiny of nominations and shall enter on the nomination paper its serial number and shall sign
thereon a certificate stating the date on which and the hour at which the nomination paper has
been delivered to him; and shall, as soon as may be thereafter cause to be affixed in some
conspicuous place in his office a notice of the nomination containing descriptions similar to
those contained in the nomination paper, both of the candidate and for the proposer. ’
111. Scrutiny of nominations.— (1) On the date fixed for the scrutiny of nominations
under section 105 the candidates, their election agents, one proposer of each candidate and one
other person duly authorised in writing by each candidate, but no other person may attend at
such time and place as the Returning Officer may appoint and the Returning Officer shall give
them all reasonable facilities for examining the nomination papers of all candidates which have
been delivered within the time and the manner laid down in section 108.
(2) The Returning Officer shall then examine the nomination papers and shall decide
all objections which may be made to any nomination and may, either on such objection or on his
own motion, after such summary inquiry if any, as he thinks necessary, reject any nomination on
any of the following grounds, namely:-
(a) that on the date fixed for the scrutiny of nominations, the candidate is either not
qualified or is disqualified for being chosen to fill the seat under any of the provisions of this
Act;
(b) that there has been failure to comply with any of the provisions of section 108 or
section 109; or
(c) that the signature of the candidate or the proposer on the nomination paper is not
genuine.
(3) Nothing contained in clause (b) or clause (c) of sub-section (2) shall be deemed
to authorise the rejection of the nomination of any candidate on the ground of any irregularity in
respect of a nomination paper, if the candidate has been duly nominated by means of another
nomination paper in respect of which no irregularity has been committed.
(4) The Returning Officer shall not reject any nomination paper on the ground of any
defect which is not of a substantial character.
(5) The Returning Officer shall hold the scrutiny on the date appointed in this behalf
under clause (b) of section 105 and shall not allow any adjournment of the proceedings except
when such proceedings are interrupted or obstructed by riot or open violence or by causes
beyond his control:
Provided that in case an objection is raised by the Returning Officer or is made by any
other person, the candidate concerned may be allowed time to rebut it not later than the next day
but one following the date fixed for scrutiny, and the Returning Officer shall record his decision
on the date to which the proceedings have been adjourned.
(6) The Returning Officer shall endorse on each nomination paper his decision
accepting or rejecting the same and, if the nomination paper is rejected, shall record in writing a
brief statement of his reasons for such rejection.
(7) For the purpose of this section, a certified copy of an entry in the electoral roll for
the time being in force for a ward shall be conclusive evidence of the fact that the person
referred to in that entry is an elector in that ward, unless it is proved that he is subject to a
disqualification mentioned in section 74.
(8) Immediately after all the nomination papers have been scrutinised and decisions
accepting or rejecting the same have been recorded, the Returning Officer shall prepare a list of
candidates whose nominations have been found valid and affix it to his notice board.
112. Withdrawal of candidature.— (1) Any candidate may withdraw his candidature
by a notice in writing which shall contain such particulars as may be prescribed and shall be
subscribed by him and delivered before three O’clock in the afternoon on the day fixed under
clause (c) of section 105 to the Returning Officer either by such candidate in person or by his
proposer, of election agent who has been authorised in this behalf in writing by such candidate.
(2) No person who has given a notice of withdrawal of his candidature under sub-
section (1) shall be allowed to cancel the notice.
(3) The Returning Officer shall, on being satisfied as to the genuineness of a notice
of withdrawal and the identity of the person delivering it under sub-section (1) cause the notice
to be affixed in some conspicuous place in his office and in the office of the Municipality
concerned.
113. Publication of list of contesting candidates.— (1) Immediately after the expiry
of the period within which candidature may be withdrawn under sub-section (1) of section 112
the Returning Officer shall prepare and publish in such form and manner as may be prescribed a
list of contesting candidates.
(2) The said list shall contain the names in Malayalam alphabetical order and the
addresses of the contesting candidates as given in the nomination papers together with such other
particulars, as may be prescribed.
114. Election agents.— A candidate at an election may appoint in the prescribed
manner a person to be his election agent and when any such appointment is made notice of the
appointment shall be given in the prescribed manner, to the Returning Officer.
115. Disqualification for being an election agent.— A person who is for the time
being disqualified under this Act for being a Councillor shall be disqualified for being an
election agent at any election.
116. Revocation of the appointment, or death of an election agent.— (1) Any
revocation of the appointment of an election agent, shall be signed by the candidate, and shall
operate from the date on which it is lodged with the Returning Officer.
(2) In the event of such a revocation or of the death of an election agent, whether that
event occurs before or during the election, or after the election but before the account of the
candidate’s election expenses has been lodged in accordance with the provisions of section 142
the candidate may appoint in the prescribed manner another person to be his election agent and
when such appointment is made notice of the appointment shall be given in the prescribed
manner to the Returning Officer.
117. Functions of election agents.— An election agent may perform such functions
in connection with the election as are authorised by or under this Act to be performed by an
election agent.
118. Appointment of polling agents.— A contesting candidate or his election agent
may appoint, in the prescribed manner, such number of agents and relief agents, as may be
prescribed, to act as polling agents of such candidate at each polling station provided under
section 101.
119. Appointment of counting agents.— A contesting candidate or his election
agent may appoint, in the prescribed manner one or more persons, but not exceeding such
number, as may be prescribed, to be present as his counting agent or agents at the counting of
votes, and when any such appointment is made, notice of the appointment shall be given in the
prescribed manner to the Returning Officer.
120. Revocation of the appointment or death, of a polling agent or counting
agent.— (1) Any revocation of the appointment of a polling agent shall be signed by the
candidate or his election agent and shall operate from the date on which it is lodged with such
officer as may be prescribed, and in the event of such a revocation or of the death of a polling
agent before the close of the poll, the candidate or his election agent may appoint, in the
prescribed manner another polling agent at any time before the poll is closed and shall forthwith
give notice of such appointment, in the prescribed manner, to such officer as may be prescribed.
(2) Any revocation of the appointment of the counting agent shall be signed by the
candidate or his election agent and shall operate from the date on which it is lodged with the
Returning Officer, and in the event of such a revocation or of the death of a counting agent
before the commencement of counting of votes, the candidate or his election agent may appoint,
in the prescribed manner another counting agent at any time before the counting of votes is
commenced and shall forthwith give notice of such appointment, in the prescribed manner, to
the Returning Officer.
121. Functions of polling agents and counting agents.— (1) A polling agent may
perform such functions in connection with the poll as are authorised by or under this Act, to be
performed by a polling agent.
(2) A counting agent may perform such functions in connection with the counting of
votes as are authorised by or under this Act to be performed by a counting agent.
122. Attendance of a contesting candidate or his election agent at polling
stations, and performance by him of the functions of a polling agent or counting agent.—
(1) At every election where a poll is taken, each contesting candidate at such election and his
election agent shall have a right to be present at any polling station provided under section 101
for the taking of the poll.
(2) A contesting candidate or his election agent may himself do any act or thing which
any polling agent or the counting agent of such contesting candidate, if appointed, would have
been authorised by or under this Act to do, or may assist any polling agent or the counting agent
of such contesting candidate in doing any such act or thing.
123. Non-attendance of polling or counting agents.— Where any act or thing is
required or authorised by or under this Act to be done in the presence of the polling or counting
agents, the non-attendance of any such agent or agents at the time and place appointed for the
purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.
124. Death of candidate before poll.— Where a candidate whose nomination has
been found valid on scrutiny under section 111 and who has not withdrawn his candidature
under section 112 dies and a report of his death is received before the publication of the list of
contesting candidates under section 113 or where a contesting candidate dies and a report of his
death is received before the commencement of the poll, the Returning Officer shall, upon being
satisfied of the fact of the death of the candidate, countermand the poll and report the fact to the
State Election Commission and also to the Government and all proceeding with reference to the
election shall be commenced anew in all respects as if for a new election:
Provided that no further nomination shall be necessary in the case of a person who was
a contesting candidate at the time of the countermanding of the poll:
Provided further that no person who has given a notice of withdrawal of his candidature
under sub-section (1) of section 112 before the countermanding of the poll shall be 7[ineligible]
for being nominated as a candidate for the election after such countermanding.
125. Procedure in contested and uncontested elections.— (1) Where the number of
contesting candidates for a ward is more than one, a poll shall be taken.
(2) Where there is only one candidate for a ward, the Returning Officer shall declare
him to be duly elected.
(3) Where there is no candidate, election proceedings shall be started afresh for
filling up the vacancy in all respects as if for a new election.
126. Fixing time for poll.— The State Election Commission shall fix the hours
during which the poll will be taken; and the hours so fixed shall be published in such manner, as
may be prescribed:
Provided that the total period allotted on any one day for polling at an election in a
ward shall not be less than eight hours between 7 a.m. and 5 p.m.
127. Adjournment of poll in emergencies.— (1) If at an election the proceeding at
any polling station provided under section 101 for the poll are interrupted or obstructed by any
riot or open violence, or if at an election it is not possible to take the poll at any polling station
on account of any natural calamity, or any other sufficient cause, the Presiding Officer for such
polling station or the Returning Officer presiding over such place, as the case may be, shall
announce an adjournment of the poll to a date to be notified later, and were the poll is so
adjourned by a Presiding Officer, he shall forthwith inform the Returning Officer concerned.
(2) Whenever a poll is adjourned under sub-section (1), the Returning Officer, shall
immediately report the circumstances to the State Election Commission, and shall, as soon as
may be, with the previous approval of the State Election Commission, appoint the day on which
the poll shall recommence, and fix the polling station or place at which, and hours during which
the poll will be taken, and shall not count the votes cast at such election until such adjourned
poll shall have been completed.
(3) In every such case as aforesaid, the Returning Officer shall notify in such
manner as the State Election Commission may direct the date, place and hours of polling fixed
under sub-section (2).
128. Fresh poll in the case of destruction, etc., of ballot boxes.— (1) If at any
election-
(a) any ballot boxes used at a polling station or at a place fixed for the polls is
unlawfully taken out of the custody of the Presiding Officer or the Returning Officer, or is
accidentally or intentionally destroyed or lost, or is damaged or tampered with, to such an
extent, that the result of the poll at that polling station or place cannot be ascertained; or

7. Inserted by Act 8 of 1995, w.e.f. 5-8-1995.

 8
[(aa) any voting machine develops a mechanical failure during the course of recording
votes; or,]
(b) any such error or irregularity in procedure as is likely to vitiate the poll is
committed at a polling station or at a place fixed for the poll, the Returning Officer shall
forthwith report the matter to the State Election Commission.
(2) Thereupon the State Election Commission shall, after taking all material
circumstances into account; either-
(a) declare the poll at that polling station or place to be void, appoint a day, and fix
the hours; for taking a fresh poll at that polling station or place and notify the day so appointed
and the hours so fixed in such manner as it may deem fit; or
(b) if satisfied that the result of a fresh poll at that polling station or place will not, in
any way, affect the result of the election or that the error or irregularity 9[or the mechanical
failure developed in the voting machine] in procedure is not material, issue such directions to
the Returning Officer as it may deem proper for the further conduct of and completion of the
election.
(3) The provisions of this Act and of any rules or orders made there under shall
apply to every such fresh poll as they apply to the original poll.
129. Adjournment of poll or countermanding of election on the ground of booth-
capturing.— (1) If at any election-
(a) booth-capturing has taken place at a polling station or at a place fixed for the poll
(hereafter in this section referred to as a place) in such a manner that the result of the poll at that
polling station or place cannot be ascertained; or
(b) booth-capturing takes place in any place for counting of votes in such a manner
that the result of the counting at that place cannot be ascertained, the Returning Officer shall
forthwith report the matter to the State Election Commission.
(2)The State Election Commission shall, on receipt of a report from the Returning
Officer under sub-section (1) and after taking all material circumstances into account, either-
(a) declare that the poll at that polling station or place be void, appoint a day, and fix
the hours, for taking fresh poll at that polling station or place and notify the date so appointed
and hours so fixed in such manner as it may deem fit; or
(b) if satisfied that in view of the large number of polling stations or places involved
in booth-capturing, the result of the election is likely to be affected, or that booth-capturing had
affected counting of votes in such a manner as to affect the result of the election, countermand
the election.
Explanation.— In this section, “booth-capturing” shall have the same meaning as in
section 161.
130. Manner of voting at elections.— At every election where a poll is taken, votes
shall be given by ballot in such a manner as may be prescribed, and no vote shall be received by
proxy.

8. Clause (aa) inserted by Act 33 of 2005, w.e.f. 1-9-2000.

9. Inserted by Act 33 of 2005, w.e.f. 1-9-2000.
 10
[130A. Use of voting machine in elections.- Notwithstanding anything contained in
this Act or rules made thereunder, the system of giving vote and recording of vote by using
voting machine as may be prescribed may be adopted in every election decided by the State
Election Commission considering the circumstances in each region.
Explanation:- For the purpose of this section “voting machine” means any electronic
machine or any other machine used for giving or recording of votes and it shall also be
construed that any reference as to ballot box or ballot paper in this Act or the rules made
thereunder save as otherwise provided shall include the reference to a voting machine which is
being used in any election.]
131. Special procedure for preventing personation of electors.— With a view to
preventing personation of electors.—
(a) the thumb or any other finger of every elector who applies for a ballot paper or
ballot papers for the purpose of voting at a polling station shall be marked with indelible ink, in
such manner as may be prescribed, before delivery of such paper or papers to him;
(b) no ballot paper shall be delivered to any person for voting at a polling station and
proceedings shall be initiated against such person in accordance with law, if at the time such
person applies for such paper, he already has such a mark on his thumb or any other finger.
132. Right to vote.— (1) No person who is not, and except as expressly provided by
this Act, every person who is, for the time being entered in the electoral roll for a ward shall be
entitled to vote in that ward.
(2) No person shall vote at an election if he is subject to any of the disqualifications
referred to in Section 74.
(3) No person shall vote at a general election in more than one ward, and if a person
votes in more than one ward, his votes in all such wards shall be void.
(4) No person shall at any election vote in the same ward more than once,
notwithstanding that his name may have been registered in the electoral roll for that more than
once, and if he does so vote, all his votes shall be void.
(5) No person shall vote at any election if he is confined in a prison under a sentence
of imprisonment or otherwise, or is in the lawful custody of the police:
Provided that nothing in this sub-section shall apply to a person subjected to preventive
detention under any law for the time being in force.
133. Counting of votes.— At every election where a poll is taken, votes shall be
counted by, or under the supervision and direction of the Returning Officer and eac contesting
candidate, his election agent and his counting agents, shall have the right to be present at the
time of counting.
134. Destruction, loss etc., of ballot papers at the time of counting. — (1) If, at any
time before the counting of votes is completed any ballot paper used at a polling station or at a
place fixed for the poll is unlawfully taken out of the custody of the Returning Officer or is
accidently or intentionally destroyed or lost or is damaged or tampered with, to such an extent
that the result of the poll at the polling station or place cannot be ascertained, the Returning
Officer shall forthwith report the matter to the State Election Commission.
10. Section 130A Inserted by Act 33 of 2005, w.e.f. 1-9-2000.
 (2) Thereupon, the State Election Commission shall, after taking all material
circumstances into account, either.-
(a) direct that the counting of votes shall be stopped, declare the poll at that polling
station or place to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling
station or place and notify the date so appointed and hours so fixed in such manner as it may
deem fit; or
(b) if satisfied that the result of a fresh poll at that polling station or place will not, in
any way, affect the result of the election, issue such directions to the Returning Officer as it may
deem proper for the resumption and completion of the counting and for the further conduct and
completion of the election in relation to which the votes have been counted.
(3) The provisions of this Act and of any rules or orders made thereunder shall apply
to every such fresh poll as they apply to the original poll.
135. Equality of votes.— If, after the counting of the votes is completed, an equality of
votes is found to exist between any candidates, and the addition of one vote will entitle any of
these candidates to be declared elected, the Returning Officer shall forthwith decide between
those candidates by lot, and proceed as if the candidate on whom the lot falls received an
additional vote.
136. Declaration of results.— When the counting of the votes has been completed,
the Returning Officer shall, in the absence of any direction by the State Election Commission to
the contrary forthwith declare the result of the election in the manner provided by this Act or the
rules made thereunder.
137. Report of the result.— As soon as may be after the result of an election has
been declared, the Returning Officer shall report the result to the Municipality concerned, to the
State Election Commission and to the Government and the State Election Commission shall
cause to be published in the Gazette the declarations containing the names of the elected
candidates. The name or names of the elected candidate or candidates shall also be published on
the notice board of the Municipality concerned.
138. Date of election of candidates.— For the purposes of this Act the date on which
a candidate is declared by the Returning Officer under the provisions of section 125 or section
136 to be elected to a Municipality shall be the date of election of that candidate.
139. Publication of results of general elections to the Municipality.— Where a
general election is held for the purpose of constituting or reconstituting a Municipality, there
shall be notified by the State Election Commission in the Gazette, as soon as may be, after the
results of the elections in all the wards, other than those in which the poll could not be taken for
any reason on the date originally fixed under clause (d) of section 105 or for which the time for
completion of the election has been extended under the provisions of section 200 have been
declared by the Returning Officer under the provisions of section 125 or, as the case may be,
section 136, the names of the members elected for those wards and upon the publication of such
notification, the Councillors shall be deemed to be duly elected:
Provided that the publication of such notification shall not be deemed-
(a) to preclude -
(i) the taking of the poll and the completion of the election in any ward or wards in
which the poll could not be taken for any reason on the date originally fixed under clause (d) of
section 105; or
 (ii) the completion of the election in any ward or wards for which time has been
extended under the provisions of Section 200; or
(b) to affect the duration of the Municipality, if any, functioning immediately before
the issue of the said notification.
140. By-elections to fill casual vacancies.— (1) Where a Municipality is dissolved
before its duration specified in article 243U or where the seat of a Councillor elected to a
Municipality becomes vacant or is declared vacant or his election to the Municipality is declared
void, the State Election Commission shall, subject to the provisions of sub-section (2), by a
notification in the Gazette, call upon the wards in such Municipality or the ward concerned, as
the case may be, to elect Councillors or Councillor for the purpose of constituting the
Municipality or filling the vacancy, as the case may be, before such date as may be specified in
the notification and the provisions of this Act and of the rules and orders made thereunder shall
apply in relation to such election.
(2) Where the vacancy is in a seat reserved for the Scheduled Castes or for the Scheduled
Tribes or for a woman, the notification issued under sub-section (1) shall specify that the person
to fill that vacancy shall belong to the Scheduled Castes or to the Scheduled Tribes or be a
woman, as the case may be.
141. Account of election expenses and maximum thereof.— (1) Every candidate at
an election shall, either by himself or by his election agent, keep a separate and correct account
of all expenditure in connection with the election incurred or authorised by him or by his
election agent between the date on which he has been nominated and the date of declaration of
the result thereof, both dates inclusive.
Explanation I.— Any expenditure incurred or authorised in connection with the election
of a candidate by a political party or by any other association or body of persons or by any
individual (other than the candidate or his election agent) shall not be deemed to be expenditure
in connection with the election incurred or authorised by the candidate or by his election agent
for the purposes of this sub-section;
Explanation II.— For the removal of doubt, it is hereby declared that any expenditure
incurred in respect of any arrangements made, facilities provided or any other act or thing done
by any person in the service of local authority and of the Government belonging to any of the
classes mentioned in clause (8) of section 144 in the discharge or purported discharge of his
official duty as mentioned in the proviso to that clause shall not be deemed to be expenditure in
connection with the election incurred or authorised by a candidate or by his election agent for
the purposes of this sub-section.
(2) The account shall contain such particulars, as may be prescribed.
(3) The total of the said expenditure shall not exceed such amount as may be
prescribed.
142. Lodging of account with 11[the officer authorised by the State Election
Commission.]— Every contesting candidate at an election shall, within thirty days from the
date of election of returned candidate, lodge with the 11 [the officer authorised by the State
Election Commission], an account of his election expenses with connected records which shall
be a true copy of the account kept by him 12[or by his election agent under Section 141 and such
officer, as soon as possible, after the expiry of the said 30 days shall forward the account of
election expenses received by him together with the list of candidates who have not submitted
the account of election expenses to the officer authorised by the Commission].
11. Substituted for “District Election Officer” by Act 14 of 1999, w.e.f 24-3-1999.
12. Substituted for “or by his election agent under section 141” by Act 14 of 199,. w.e.f. 24-3-1999.
 OATH OR AFFIRMATION

143. Oath or affirmation. — 13[(1) The Government, after each general election shall
nominate a member elected as Councillor for convening the first meeting of the Municipality
and before convening such meeting he shall make and subscribe an oath or affirmation in the
form specified in the Third Schedule for the purpose before the officer nominated by the
Government in this behalf.
Provided that the member nominated by the Government shall, as far as possible, be the
eldest among the Councillors elected in the Municipality.
(1A) All other Councillors shall before assuming charge of their office, make and
subscribe an oath or affirmation, in the form set out for this purpose in the Third Schedule,
before the Councillor nominated under sub-section (1), on the date specified by the Government
and before the date fixed by the State Election Commission for conducting the election of the
Chairperson under sub-section (1) of Section 12.
(1B) A Councillor who was not able to make an oath or affirmation under sub-section
(1A) or a Councillor elected in the bye-election may make such oath or affirmation before the
Chairperson.]
(2) The Chairperson and the Deputy Chairperson shall also, before entering upon their
offices, make and subscribe an oath or affirmation in the form set out in the said Schedule. The
Chairperson shall make and subscribe such oath or affirmation before the Officer authorised by
the Government in this behalf, and the Deputy Chairperson shall make and subscribe such oath
or affirmation before the Chairperson after the Chairperson has been elected.
(3) No Councillor who has not taken an oath or affirmation 14[under sub-section (1 A) or
under sub-section (1B)] shall vote or take part in the proceedings of any meeting of the
Municipality, nor shall be included as a member of any of the Committee constituted by the
Municipality.
15
[(4) The Government may by notification in the Gazette, declare the office of
Councillor as vacated in his own motion where such a Councillor has not assumed charge of his
office by making an oath or affirmation without sufficient cause within a maximum period of
thirty days from the date by which he was elected as a Councillor.]
16
[143A. Councillors to declare assets.— (1) A Councillor shall within 17[fifteen
months] from the date of assuming his office submit a statement of assets and liabilities of
himself and of other members of his family in the prescribed form, before the competent
authority as may be authorised by the Government by notification in this behalf:

13. Sub-section (1) substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitutions it read as under:
“(1) Every Councillor shall, before taking his seat make and subscribe before the Officer authorised by the
Government in this behalf an oath or affirmation in the form set out in the Third Schedule. If the Chairperson has
been elected, such oath or affirmation shall be made or subscribed by the Councillors before the Chairperson “
14. Substituted for “under sub-section (1)” by Act 14 of 1999, w.e.f. 24-3-1999.
15. Sub-section (4) added by Act 14 of 1999, w.e.f. 24-3-1999.
16. Section 143A inserted by Act 14 of 1999, w.e.f. 24-3-1999.
17. Substituted for “three months” by Act 1 of 2013, w.e.f. 1-11-2010.
 Provided that a person who is a Councillor at the time when this Act comes into force,
shall submit such a statement before the competent authority, before the date specified by the
Government in this behalf.
(2) Where a Councillor after submitting a statement under sub-section (1), acquires any
further assets in his name or in the name of any other members of his family, or disposes of or
mortgages any property specified in the statement, he shall submit a statement to that effect
before the competent authority within three months from the date of such acquisition or disposal
or mortgage; as the case may be.
(3) A Councillor who makes a statement under-sub-section (1) and sub-section (2) which
is false or which he knows or believes to be false or does not believe to be true; shall be liable to
be produced against that Councillor in accordance with law for giving such false declaration.
(4) Where a Councillor fails to submit the statement before the competent authority
within the date specified under sub-section (1) and sub-section (2), action may be taken to
disqualify him from continuing as a Councillor under Section 91.

Explanation 1.— For the purpose of this section “family” of a Councillor means wife or
husband of the Councillor, and his parents and unmarried sisters and children depending on
him”.
Explanation 2.— For the purpose of this section “asset” means all immovable properties
and movable properties worth more than rupees ten thousand].

CHAPTER IX
CORRUPT PRACTICES AND ELECTORAL OFFENCES

144. Corrupt practices.- The following shall be deemed to be corrupt practices for the
purposes of this Act-
(1) “Bribery”, that is to say,—
(A) Any gift, offer or promise by a candidate or his agent or by any other person with the
consent of a candidate or his election agent of any gratification to any person whomsoever, with
the object, directly or indirectly of inducing,-
(a) a person to stand or not to stand as, or to withdraw or not to withdraw from being a
candidate at an election, or withdraw from
(b) an elector to vote or refrain from voting at an election, or as a reward to-
(i) a person for having so stood or not stood, or for having withdrawn or not having
withdrawn his candidature; or
(ii) an elector for having voted or refrained from voting;
 (B) The receipt of, or agreement to receive, any gratification, whether as a motive or a
reward-
(a) by a person for standing or not standing as, or for withdrawing or not
withdrawing from being, a candidate; or
(b) by any person whomsoever for himself or any other person for voting or
refraining from voting, or inducing or attempting to induce any elector to vote or refrain from
voting, or any candidate to withdraw or not to withdraw his candidature.
Explanation.— For the purposes of this clause the term “gratification” is not restricted to
pecuniary gratifications or gratifications estimable in money and it includes all forms of
entertainment and all forms of employment for reward but it does not include the payment of any
expenses bonafide incurred at, or for the purpose of, any election and duly entered in the account
of election expenses referred to in Section 141.
(2) Undue influence, that is to say, any direct or indirect interference or attempt to
interfere on the part of the candidate or his agent, or of any other person with the consent of the
candidate or his election agent, with the free exercise of any electoral right:
Provided that—
(a) without prejudice to the generality of the provisions of this clause any such
person as is referred to therein who—
(i) threatens any candidate or any elector, or any person in whom a candidate
or an elector is interested, with injury of any kind including social ostracism and
ex-communication or expulsion from any caste or community; or
(ii) induces or attempts to induce a candidate or an elector to believe that he,
or any person in whom he is interested, will become or will be rendered an object of divine
displeasure or spiritual censure, shall be deemed to interfere with the free exercise of the
electoral right of such candidate or elector within the meaning of this clause;
(b) a declaration of public policy, or a promise of public action, or the mere exercise
of a legal right without intent to interfere with an electoral right shall not be deemed to be
interference within the meaning of this clause.
(3) The appeal by a candidate or his agent or by any other person with the consent of a
candidate or his election agent to vote or refrain from voting for any person on the ground of his
religion, race, caste, community or language or the use of, or appeal to religious symbols or the
use of, or appeal to, national symbols such as the national flag or the national emblem, for the
furtherance of the prospects of the election of that candidate or for prejudicially affecting the
election of any candidate:
Provided that no symbol allotted under any rules made under this Act to a candidate shall
be deemed to be a religious symbol or a national symbol for the purpose of this clause.
(4) The promotion of, or attempt to promote, feelings of enmity of hatred between
different classes of the citizens of India on grounds of religion, race, caste, community or
language, by a candidate or his agent or any other person with the consent of a candidate or his
election agent for the furtherance of the prospects of the election of that candidate or for
prejudicially affecting the election of any candidate.
 (5) The publication by a candidate or his agent or by any other person, with the consent of
the candidate or his election agent of any statement of fact which is false and which he either
believes to be false or does not believe to be true, in relation to the personal character or conduct
of any candidate, or in relation to the candidature or withdrawal, of any candidate, being a
statement reasonably calculated to prejudice the prospects of that candidate’s election.
(6) The hiring or procuring, whether on payment or otherwise, of any vehicle or vessel by
a candidate or his agent or by any other person with the consent of a candidate or his election
agent, or the use of such vehicle or vessel for the free conveyance of any elector (other than the
candidate himself, the members of his family or his agent) to or from any polling station
provided under section 101:
Provided that the hiring of a vehicle or vessel by an elector or by several electors at their
joint costs for the purpose of conveying him or them to and from any such polling station shall
not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a
vehicle or vessel not propelled by mechanical power:
Provided further that the use of any public transport, vehicle or vessel or any tramcar or
railway carriage by any elector at his own cost for the purpose of going to or coming from any
such polling station shall not be deemed to be a corrupt practice under this clause.
Explanation.— In this clause, the expression ‘Vehicle’ means any vehicle used or
capable of being used for the purpose of road transport, whether propelled by mechanical
power or otherwise and whether used for drawing other vehicles or otherwise.
(6) The incurring or authorising of expenditure in contravention of section 141
(7) The obtaining or procuring or abetting or attempting to obtain or procure by a
candidate or his agent or, by any other person with the consent of a candidate or his
election agent, any assistance (other than the giving of vote) for the furtherance of the
prospects of that candidate's election, from any person in the service of a local authority
or of Government belonging to any of the following classes, namely-
(a) gazetted officers;
(b) members of the police forces;
(c) excise officers;
(d) revenue officers; and
(e) such other class of persons in the service of the Government as may be
prescribed:
Provided that where any person, in the service of a local authority or of the Government
and belonging to any of the classes aforesaid, in the discharge or purported discharge of his
official duty, makes any arrangements or provides any facilities or does any other act or thing,
for, to, in relation to, any candidate or his election agent or any other person acting with the
consent of the candidate or his election agent (whether by reason of the office held by the
candidate or for any other reason), such arrangements facilities or acts or things shall not be
deemed to be assistance for the furtherance of the prospects of that candidate’s election.
(9) Booth-capturing by a candidate or his agent or other person acting with the consent of
the candidate or his election agent.
Explanation I.— In this section the expression “agent” includes an election agent, a
polling agent and any person who is held to have acted as an agent in connection with the
election with the consent of the candidate.
 Explanation II.— For the purposes of clause (8), a person shall be deemed to assist in the
furtherance of the prospects of a candidate’s election if he acts as an election agent of that
candidate.
Explanation III.— For the purposes of clause (8), notwithstanding anything contained in
any other law, the publication in the Gazette of the appointment, resignation, termination of
service, dismissal or removal from service of a person in the service of the Government or of a
local authority shall be conclusive proof-
(i) of such appointment, resignation, termination of service, dismissal or removal
from service, as the case may be; and
(ii) where the date of taking effect of such appointment, resignation, termination of
service, dismissal or removal from service, as the case may be, is stated in such publication, also
of the fact that such person was appointed with effect from the said date, or in ‘the case of
resignation, termination of service, dismissal or removal from service, such person ceased to be
in such service with effect from the said date.
Explanation IV.— For the purposes of clause (9), “booth-capturing” shall have the same
meaning as in section 161.
145. Promoting enmity between classes in connection with election.— Any person
who, in connection with an election under this Act, promotes or attempts to promote on grounds
of religion, race, caste, community or language, feelings of enmity or hatred, between different
classes of the citizens of India shall be punishable with imprisonment for a term which may
extend to three years, or with fine, which may extend to ten thousand rupees or with both.
146. Prohibition of public meetings on the day preceding the election day and on the
election day.— (1) No person shall convene, hold or attend any public meeting within a ward
during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll
for an election in that ward.
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable
with imprisonment for a term which may extend to three months or with fine which may extend
to one thousand rupees.
147. Disturbances at election meetings.— (1) Any person who at a public meeting to
which this section applies, acts or incites others to act in a disorderly manner for the purpose of
preventing the transaction of the business for which the meeting was called together, shall be
punishable with imprisonment for a term which may extend to three months or with fine which
may extend to one thousand rupees, or with both.
(2) This section applies to any public meeting of a political character held in any
ward between the date of the issue of a notification under this Act calling upon that ward to
elect a Councillor and the date on which such election is held.
(3) If any police officer reasonably suspects any person of committing an offence under
sub-section (1) he may, if requested so to do by the chairman of the meeting, require that person
to declare to him immediately his name and address, and if that person refuses or fails so to
declare his name and address, or if the police officer reasonably suspects him of giving a false
name or address, the police officer may arrest him without warrant.
148. Restrictions on the printing of pamphlets, posters, etc.— (1) No person shall
print or publish, or cause to be printed or published, any election pamphlet or poster which does
not bear on its face the names and addresses of the printer and the publisher thereof.
 (2) No person shall print or cause to be printed any election pamphlet or poster-
(a) unless, a declaration as to the identity of the publisher thereof, signed by him and
attested by two persons to whom he is personally known, is delivered by him to the printer in
duplicate; and
(b) unless within a reasonable time after the printing of the document, one copy of
the declaration is send by the printer, together with one copy of the document printed to such
officer as may be authorised by the State Election Commission in this behalf.
(3) For the purposes of this section,-
(a) any process for multiplying copies of a document, other than copying it by hand,
shall be deemed to be printing and the expression ‘printer’ shall be construed accordingly; and
(b) “election pamphlet or poster” means any printed pamphlet, hand bill of other
document distributed for the purpose of promoting or prejudicing the election of a candidate or a
group of candidates or any placard or poster having reference to an election, but does not include
any hand bill, placard or poster merely announcing the date, time, place and other particulars of
an election meeting or routine instructions to election agents or workers.
(4) Any person who contravenes any of the provisions of sub-section (1) or sub-section (2)
shall be punishable with imprisonment for a term which may extend to six months, or with fine
which may extend to two thousand rupees, or with both.
149. Maintenance of secrecy of voting.— (1) Every officer, agent or other person who
performs any duty in connection with the recording or counting of votes at an election shall
maintain, and aid in maintaining, the secrecy of the voting and shall not (except for some
purpose authorised by or under any law) communicate to any person any information calculated
to violate such secrecy.
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with
imprisonment for a term which may extend to three months or with fine which shall not be less
than one thousand rupees or with both.
150. Officers etc., at election not to act for candidates or to influence voting.— (1)
No person who is a District Election Officer or a Returning Officer or an Assistant Returning
Officer or a Presiding or Polling Officer at an election, or an officer performing any duty in
connection with an election shall, in the conduct or the management of the election, do any act
(other than the giving of vote) for the furtherance of the prospects of the election of a candidate.
(2) No such person as aforesaid, and no member of a police force, shall endeavour-
(a) to persuade any person to give his vote at an election, or
(b) to dissuade any person from giving his vote at an election, or
(c) to influence the voting of any person at an election in any manner.
(3) Any person who contravenes the provisions of sub-section (1) or sub-section (2)
shall be punishable with imprisonment which may extend to three years or with fine or with
both.
(4) An offence punishable under sub-section (3) shall be cognizable.
151. Prohibition of canvassing in or near polling station.— (1) No person shall, on
the date or dates on which a poll is taken at any polling station, commit any of the following
acts within the polling station or in any public or private place within a distance of one hundred
metres of the polling station, namely:-
 (a) canvassing for votes; or
(b) soliciting the vote of any elector; or
(c) persuading any elector not to vote for any particular candidate; or
(d) persuading any elector not to vote; or
(e) exhibiting any notice or sign (other than an official notice) relating to the
election.
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable
with imprisonment for a term which may extend to three months or with fine which may
extend to one thousand rupees.
152. Penalty for disorderly conduct in or near polling stations. — (1) No person shall,
on the date or dates on which a poll is taken at any polling station-
(a) use or operate within or at the entrance of the polling station, or in any public or
private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the
human voice, such as a megaphone or a loudspeaker, or
(b)shout, or otherwise act in a disorderly manner, within or at the entrance of the
polling station or in any public or private place in the neighbourhood thereof.
so as to cause annoyance to any person visiting the polling station for the poll, or so as to
interfere with the work of the officers and other person on duty at the polling station.
(2) Any person who contravenes, or wilfully aids or abets the contravention of, the
provisions of sub-section (1) shall be punishable with imprisonment which may extend to three
months or with fine which shall not be less than one thousand rupees or with both.
(3) Any police officer may take such steps and use such force as may be reasonably
necessary for preventing any contravention of the provisions of sub-section (1), and may seize
any apparatus used for such contravention.
153. Penalty for misconduct at the polling station.— (1) Any person who during the
hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful
directions of the presiding officer may be removed from the polling station by the presiding
officer or by any police officer on duty or by any person authorised in this behalf by such
presiding officer.
(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any
elector who is otherwise entitled to vote at a polling station from having an opportunity
of voting at that station.
(3) Where any person who has been so removed from a polling station re-enters the
polling station without the permission of the Presiding Officer, he shall be punishable with
imprisonment for a term which may extend to three years or with fine or with both.
(4) An offence punishable under sub-section (3) shall be cognizable.

154. Penalty for failure to observe procedure for voting.— Where any elector to
whom a ballot paper has been issued, refuses to observe the procedure prescribed for voting the
ballot paper issued to him shall be liable for cancellation.
 155. Penalty for illegal hiring or procuring of conveyances at elections.— Where any
person is guilty of any such corrupt practice as is specified in clause (6) of Section 144 at or in
connection with an election, he shall be punishable with fine which may extend to one thousand
rupees.
156. List of officers and staff of the Government Departments, local authorities 18[or
other authorities and Educational Institutions] to be furnished.— (1) Every 19[head of
office or departmental including educational institutions of the Government and every local
authority or other authority and headmasters of aided schools and Principal of Private affiliated
Colleges] shall, on requisition by the State Election Commission or an officer authorised by him,
furnish to him a list of 20[officers and staff of such office or educational institutions] within such
time as may be specified in the requisition, for performing any duty in connection with an
election to a Municipality.
Explanation.— For the purpose of this section and section 202 “other authority” means
any authority by whatever name called, constituted or established by the Government by or
under any law for the time being in force.
(2) If any person to whom a requisition under sub-section (1) is made by the State
Election Commission or an officer authorised by him, fails to furnish the list of officers and staff
within such time as may be specified in such requisition, he shall be punishable with fine which
may extend to five hundred rupees.
157. Breaches of official duty in connection with elections.— (1) Where any person to
whom this section applies is without reasonable cause guilty of any act or omission in breach of
his official duty, he shall be punishable with fine which may extend to five hundred rupees.
(2) No suit or other legal proceedings, shall lie against such person for damages in
respect of any such act or omission as aforesaid.
(3) The persons to whom this section applies are the District Election Officers
Returning Officers, Assistant Returning Officers, Presiding Officers, Polling
Officers and any other person appointed to perform any duty in connection with
the receipt of nominations or withdrawal of candidature, or the recording or
counting of votes at an election; and the expression ‘official duty’ shall for the
purposes of this section be construed accordingly, but shall not include duties
imposed otherwise than by or under this Act.
158. Requisitioning of premises etc., for election purposes.— (1) If it appears to the
State Election Commission or the District Election Officer that in connection with an election-
(a) any premises are needed or are likely to be needed for the purpose of being used
as a polling station or for the storage of ballot boxes after a poll has been taken, or
(b) any vehicle or vessel is needed or is likely to be needed for the purpose of
transport of ballot boxes to or from any polling station, or transport of members of the police
force for maintaining order during the conduct of such election, or transport of any officer or
other person for the performance of any duties in connection with such election,
the State Election Commission, or as the case may be, the District Election Officer may
by order in writing requisition such premises or such vehicle or vessel as the case may be, and
may make such further orders as may appear to him to be necessary or expedient in connection
with the requisitioning:
18. SubstitutedbyAct 8 of 1995.
19. SubstitutedbyAct 8 of 1995.
20. SubstitutedbyAct 8 of 1995.
 Provided that no vehicle or vessel which is being lawfully used by candidate or his agent
for any purposes connected with the election of such candidate shall be requisitioned under this
sub-section until the completion of the poll at such election
(2) The requisition shall be effected by an order in writing addressed to the person,
deemed by the State Election Commission or, as the case may be, the District Election Officer
to be the owner or person in possession of the property.
(3) Whenever any property is requisitioned under sub-section (1), the period of such
requisition shall not extend beyond the period for which such property is required for any of the
purposes mentioned in that sub-section.
(4) If any person contravenes any order made under this section, he shall be punishable
with imprisonment for a term which may extend to three months or with fine or with both.
(5) In this section-
(a) "premises" means any land, building or part of a building and includes a hut, shed
or other structure or any part thereof;
(b) "vehicle" means any vehicle used or capable of being used for the purpose of road
transport, whether propelled by mechanical power or otherwise;
(c) “vessel” means any vessel used or capable of being used for the purpose of water
transport, whether propelled by mechanical power or otherwise.
159. Penalty for Government servants or employees of a local authority for acting as
election agent, polling agent or counting agent.— Where any person in the service of the
Government or of a local authority acts as an election agent or a polling agent or a counting
agent of a candidate at an election, he shall be punishable with imprisonment for a term which
may extend to three months or with fine or with both. -
160. Removal of ballot papers from polling station to be an offence.—(1) Any
person who, at any election, fraudulently takes, or attempts to take, a ballot paper, out of a
polling station, or wilfully aids or abets the doing of any such act, shall be punishable with
imprisonment for a term which may extend to three years or with fine which may extend to one
thousand rupees or with both.
(2) Where the Presiding Officer of a polling station has reason to believe that any
person is committing or has committed an offence punishable under sub-section (1), such officer
may, before such person leaves the polling station, arrest or direct a police officer to arrest such
person and may search such person or cause him to be searched by a police officer:
Provided that when it is necessary to cause a woman to be searched, the search shall be
made by another woman with strict regard to decency.
(3) Any ballot paper found upon the person arrested on search shall be made over for
safe custody to a police officer by the Presiding Officer, or when the search is made by a police
officer, shall be kept by such officer in safe custody.
(4) An offence punishable under sub-section (1) shall be cognizable.
161. Offence of booth-capturing.— Whoever commits an offence of booth- capturing
shall be punishable with imprisonment for a term which shall not be less than six months but
which may extend to three years and with fine, and where such offence is committed by a
person in the service of the Government or a local Authority, he shall be punishable with
imprisonment for a term which shall not be less than three years but which may extend to five
years and with fine.
Explanation.— For the purposes of this section, ‘booth-capturing’ includes, among other
things, all or any of the following activities, namely:-
(a) seizure of a polling station or a place fixed for the poll by any person or persons,
making polling authorities surrender the ballot papers or voting machines and doing of any other
act which affects the orderly conduct of elections;
(b) taking possession of a polling station or a place fixed for the poll by any person
or persons and allowing only his or their own supporters to exercise their right to vote and
prevent others from voting;
(c) threatening any elector and preventing him from going to the polling station or a
place fixed for the poll to caste his vote;
(d) seizure of a place for counting of votes by any person or persons, making the
counting authorities surrender the ballot papers or voting machines and the doing of anything
which affects the orderly counting of votes;
(e) doing by any person in the service of the Government or a local authority of all
or any of the aforesaid activities or aiding or conniving at, any such activity in the furtherance
of the prospects of the election of a candidate.
162. Other offences and penalties therefor.— (1) A person shall be guilty of an
electoral offence, if at any election he-
(a) fraudulently defaces or fraudulently destroys any nomination paper; or
(b) fraudulently defaces, destroys or removes any list, notice or other document
affixed by or under the authority of a Returning Officer; or
(c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark
on any ballot paper or any declaration of identity or official envelop used in connection with
voting by postal ballot; or
(d) without due authority supplies any ballot paper to any person, or receives any
ballot paper from any person or is in possession of any ballot paper; or
(e) fraudulently puts into any ballot box anything other than the ballot paper which
he is authorised by law to put in; or
(f) without due authority destroys, takes, opens or otherwise interferes with any
ballot box or ballot papers then in use for the purposes of the election; or
(g) fraudulently or without due authority, as the case may be, attempts to do any of
the foregoing acts or wilfully aids or abets the doing of any such acts.
21
[(h) refuses to grant leave to a person entitled under section 202A].
(2) Any person guilty of an electoral offence under this section shall,-
(a) if he is a Returning Officer or an Assistant Returning Officer or a Presiding
Officer at a polling station or any other officer or employee on official duty in connection with
the election, be punishable with imprisonment for a term which may extend to two years or with
fine or with both;
21. Clause (h) inserted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009
 22
[(aa) if he has committed an offence under section 202A, shall be punishable with a
fine which may extend to five hundred rupees.]
(b) if he is any other person, be punishable with imprisonment for a term which may
extend to six months or with fine or with both.
(3) For the purposes of this section, a person shall be deemed to be on official duty if
his duty is to take part in the conduct of an election or part of an election including the counting
of votes or to be responsible after an election for the used ballot papers and other documents in
connection with such election, but the expression ‘official duty’ shall not include any duty
imposed otherwise than by or under this Act.
CHAPTER X
DISPUTES REGARDING ELECTION
163. Election petitions.— No election shall be called in question except by an
election petition presented in accordance with the provisions of this chapter.
164. The Court competent to try election petitions.—The court having jurisdiction to
try an election petition shall be the Munsiff’s Court having jurisdiction over the place in which
the office of the Municipality is located.
165. Presentation of petitions.— (1) An election petition calling in question any
election may be presented on one or more of the grounds specified in section 178 and section
179, to the Munsiff’s Court by any candidate at such election or any elector within thirty days
from, but not earlier than, the date of election of the returned candidate.
Explanation.— In this sub-section, “elector” means a person who was entitled to vote at
the election to which the election petition relates, whether he has voted at such election or not.
(2) Every election petition shall be accompanied by as many copies thereof as there are
respondents mentioned in the petition and every such copy shall be attested by the petitioner
under his own signature to be a true copy of the petition.
166. Parties to the petition.— A petitioner shall join as respondents to his petition,-
(a) where the petitioner, in addition to claiming a declaration that the election of the
returned candidate is void, claims a further declaration that he himself or any other candidate
has been duly elected, all the contesting candidates other than the petitioner, and where no such
further declaration is claimed, the returned candidate; and
(b) any other candidate against whom allegations of any corrupt practice are made in
the petition.
167. Contents of petition.— (1) An election petition,—
(a) shall contain a concise statement of the material facts on which the petitioner
relies;
(b) shall set forth full particulars of any corrupt practice that the petitioner alleges,
including as full a statement as possible of the names of the parties alleged to have committed
such corrupt practice and the date and place of the commission of each such practice; and
(c) shall be signed by the petitioner and verified in the manner laid down in the Code
of Civil Procedure, 1908 (Central Act 5 of 1908) for the verification of pleadings:
22. Clause (aa) inserted by Act 30 of 2009, w.e.f. 7-10-2009, published in K.G.Ex. No. 1844, dt. 7-10-2009
 Provided that were the petitioner alleges any corrupt practice, the petition shall also be
accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt
practice and the particulars thereof.
(2) Any schedule or annexure to the petition shall also be signed by the petitioner and
verified in the same manner as the petition.
168. Relief that may be claimed by the petitioner.— A petitioner may, in addition
to claiming a declaration that the election of the returned candidate is void, claim a further
declaration that he himself or any other candidate has been duly elected.
169. Trial of election petitions.— (1) The Court shall dismiss an election petition
which does not comply with the provisions of Section 165 or Section 166 or Section 191.
Explanation.— An order of the court dismissing an election petition under this sub-
section shall be deemed to be an order made under Clause (a) of Section 176.
(2) Where more election petitions than one are presented to the court in respect of
the same election, the court may, in its discretion, try them separately or in one or more groups.
(3) Any candidate not already a respondent shall, upon application made by him to
the court within fourteen days from the date of commencement of the trial and subject to any
order as to security for costs which may be made by the court, be entitled to be joined as a
respondent.
Explanation.— For the purposes of this sub-section and section 23[175]. the trial of a
petition shall be deemed to commence on the date fixed for the respondents to appear before the
court and answer the claim or claims made in the petition.
(4) The court may upon such terms as to cause and otherwise as it may deem fit, allow the
particulars of any corrupt practice alleged in the petition to be amended or amplified in such
manner, as may, in its opinion, be necessary for ensuring a fair and effective trial of the petition,
but shall not allow any amendment of the petition which will have the effect of introducing
particulars of a corrupt practice not previously alleged in the petition.
(5) Every election petition shall be tried as expeditiously as possible and endeavour shall
be made to conclude the trial within six months from the date on which the election petition is
presented to the court for trial.
170. Procedure before the court.— (1) Subject to the provisions of this Act and of any
rules made thereunder, every election petition shall be tried by the court, as nearly as may be, in
accordance with the procedure applicable under the Code of Civil Procedure, 1908 (Central Act
5 of 1908) to the trial of suits:
Provided that the court shall have the discretion to refuse, for reasons to be recorded in
writing, to examine any witness or witnesses if it is of the opinion that the evidence of such
witness or witnesses is not material for the decision of the petition or that the party tendering
such witness or witnesses is doing so in frivolous ground or with a view to delay the
proceedings.
(2) The provisions of the Indian Evidence Act, 1872 (Central Act 1 of 1872), shall, subject
to the provisions of this Act, be deemed to apply in all respects to the trial of an election petition.
171. Documentary evidence.— Notwithstanding anything in any enactment to the
contrary, no document shall be inadmissible in evidence at the trial of an election petition on the
ground that it is not duly stamped or registered.
23. The figure”176” substituted by Act 30 of 2009, w.e.f. 07-10-2009, published in K.G.Ex. No. 1844, dt. 07-10-2009
 172. Secrecy of voting not be infringed.— No witness or other person shall be required
to state for whom he has voted at an election.
173. Answering of criminating questions and certificate of indemnity.— (1)No witness
shall be excused from answering any question as to any matter relevant to a matter in issue in the
trial of an election petition upon the ground that the answer to such question may criminate or
may tend to criminate him, or that it may expose or may tend to expose him to any penalty or
forfeiture:
Provided that-
(a) a witness, who answers truly all questions which he is required to answer shall be
entitled to receive a certificate of indemnity from the court;
(b) an answer given by a witness to a question put by or before the court shall not,
except in the case of any criminal proceeding for perjury in respect of the evidence, be
admissible in evidence against him in any civil or criminal proceeding.
(2) Where a certificate of indemnity has been granted to any witness it may be pleaded by
him in any court and shall be a full and complete defence to or upon any charge under Chapter
IX A of the Indian Penal Code (Central Act 45 of 1860), or Chapter IX of this Act arising out of
the matter to which such certificate relates, but it shall not be deemed to relive him from any
disqualification in connection with an election imposed by this Act or any other law.
74. Expenses of witnesses.— The reasonable expenses incurred by any person in
attending to give evidence may be allowed by the court to such person and shall, unless the
court otherwise directs, be deemed to be part of the costs.
175. Recrimination when seat claimed.— (1) Where in an election petition a
declaration that any candidate other than the returned candidate has been duly elected is
claimed, the returned candidate or any other party may give evidence to prove that the election
of such candidate would have been void if he had been the returned candidate and a petition had
been presented calling in question his election:
Provided that the returned candidate or such other party, as aforesaid shall not be entitled
to give such evidence unless he has, within fourteen days from the date of commencement of the
trial, given notice to the court of his intention to do so and has also given the security and the
further security referred to in sections 191 and 192 respectively.
(2) Every notice referred to in sub-section (1) shall be accompanied by the statement and
particulars required by section 167 in the case of an election petition and shall be signed and
verified in like manner.
176. Decision of Court.— At the conclusion of the trial of an election petition the court
shall make an order- ‘
(a) dismissing the election petition; or
(b) declaring the election of the returned candidate to be void; or
(c) declaring the election of the returned candidate to be void and the petitioner or
any other candidate to have been duly elected.
177. Other orders to be made by court.— At the time of making an order under section
176, the court shall also make an order-
(a) where any charge is made in the petition of any corrupt practice having been
committed at the election, recording-
 (i) a finding whether any corrupt practice has or has not been proved to have been
committed at the election, and the nature of that corrupt practice; and
(ii) the names of all persons, if any, who have been proved at the trial to have been
guilty of any corrupt practice and the nature of that practice; and
(b) fixing the total amount of costs payable and specifying the persons by and to
whom costs shall be paid:
Provided that a person who is not a party to the petition shall not be named in the order
under sub-clause (ii) of clause (a) unless,-
(i) he has been given notice to appear before the court and to show cause why he
should not be so named; and
(ii) if he appears in pursuance of the notice, he has been given an opportunity of
cross examining any witness who has already been examined by the court and has given
evidence against him, of calling evidence in his defence and of being heard.
178. Grounds for declaring election to be void.— (1) Subject to the provisions of sub-
section (2) if the court is of opinion-
(a) that on the date of his election a returned candidate was not qualified, or was
disqualified, to be chosen to fill the seat under this Act; or
(b) that any corrupt practice has been committed by a returned candidate or his
election agent or by any other person with the consent of a returned candidate or his election
agent; or
(c) that any nomination has been improperly rejected; or
24
[(ca) that the details furnished by the elected candidate under sub-section (1A) of
section 108 were fake; or]
(d) that the result of the election, in so far as it concerns a returned candidate, has
been materially affected-
(i) by the improper acceptance of any nomination; or
(ii) by any corrupt practice committed in the interests of the returned candidate by
an agent other than his election agent; or
(iii) by the improper reception, refusal or rejection of any vote or the reception of
any vote which is void; or
(iv) by any noncompliance with the provisions of this Act or of any rules or orders
made thereunder,
the court shall declare that the election of the returned candidate to be void.
(2) If in the opinion of the court, a returned candidate has been guilty by an agent, other
than his election agent, of any corrupt practice but the court is satisfied -
(a) that no such corrupt practice was committed at the election by the candidate or his
election agent, and every such corrupt practice was committed contrary to the orders, and
without the consent, of the candidate or his election agent;
(b) that the candidate and his election agent took all reasonable means for preventing
the commission of corrupt practices at the election; and
24. Clause (ca) inserted by Act 37 of 2C05, w.e.f. 24-8-2005.
 (c) that in all other respects the election was free from any corrupt practice on the
part of the candidate or any of his agents, then, the court may decide that the election of the
returned candidate is not void.
Explanation.- In this section the term ‘agent’ has the same meaning as in Section 114.
179. Grounds on which a candidate other than the returned candidate may be
declared to have been elected.— Where any person who has lodged a petition has, in addition
to calling in question the election of the returned candidate, claimed a declaration that he himself
or any other candidate has been duly elected and the court is of opinion-
(a) that in fact the petitioner or such other candidate received a majority of the valid
votes; or
(b) that, but for the votes obtained by the returned candidate by the corrupt practices,
the petitioner or such other candidate would have obtained a majority of the valid votes,
the court shall after declaring the election of the returned candidate to be void, declare the
petitioner or such other candidate, as the case may be, to have been duly elected.
180. Procedure in case of an equality of votes.— When during the trial of an election
petition it appears that there is an equality of votes between any candidates at the election and
that the addition of a vote would entitle any of those candidates to be declared elected, then-
(a) any decision made by the returning officer under the provisions of this Act shall, in so
far as it determines the question between those candidates, be effective also for the purposes of
the petition; and ’
(b) in so far as that question is not determined by such a decision the court shall decide
between them by lot and proceed as if the one on whom the lot then falls had received an
additional vote.
181. Communication of orders of court.— The court shall, as soon as may be after the
conclusion of trial of an election petition, intimate the substance of the order of the State
Election Commission and the Chairperson of the Municipality concerned and, as soon as may
be, thereafter, shall send to the State Election Commission an authenticated copy of the order.
182. Transmission of order to the appropriate authority, etc., and its publication.—
As soon as may be after the receipt of any order made by the court under section 176 or section
177, the State Election Commission shall forward copies of the order to the Chairperson of the
Municipality concerned and, shall cause the order to be published in such manner as the State
Election Commission may deem fit.
183. Effect of orders of the court.— (1) An order under section 176 or section 177 shall
take effect as soon as it is pronounced by the court.
(2) Where by an order under section 176 the election of a returned candidate is declared to
be void, acts and proceedings of a Municipality in which that returned candidate has, before the
date thereof, participated as Councillor shall not be invalidated by reason of that order, nor shall
such candidate be subjected to any liability or penalty on the ground of such participation.
184. Withdrawal of election petitions.— (1) An election petition may be withdrawn only
by leave of the court and on an application made in that behalf.
(2) Where an application for withdrawal is made under sub-section (1) notice thereof
fixing a date for the hearing of the application shall be given to all parties to the petition and to
the Municipality concerned which shall publish the same in the office of that Municipality.
 185. Procedure for withdrawal of election petition.— (1) Where there are more
petitioners than once, on application to withdraw an election petition shall be made except with
the consent of all the petitioners.
(2) No application for withdrawal shall be granted if, in the opinion of the court, such
application has been induced by any bargain or consideration which ought not to be allowed.
(3) Where the application is granted-
(a) the petitioner shall be ordered to pay the costs of the respondents theretofore
incurred or such portion thereof as the court may think fit;
(b) the court shall direct that the notice of withdrawal shall be published in the office
of the court and also in the office of the Municipality concerned;
(c) a person who might himself have been a petitioner may, within fourteen days of
such publication apply to be substituted as petitioner in the place of the party withdrawing, and
upon compliance with the conditions, if any, as to security, shall be entitled to be so substituted
and to continue the proceedings upon such terms as the court may deem fit.
186. Report of withdrawal by the court to the State Election Commission.— Where
an application for withdrawal is granted by the court and no person has been substituted as
petitioner under clause (c) of sub-section (3) of section 185 in the place of the party
withdrawing, the court shall report the fact to the State Election Commission.
187. Abatement of the election petitions.— (1) An election petition shall abate only on
the death of a sole petitioner or of the survivor of several petitioners.
(2) Where an election petition abates under sub-section (1), the court shall cause a
notice of the abatement be published in the office of the court, in the office of the State Election
Commission and in the office of the Municipality concerned.
(3) Any person who might himself have been a petitioner may, within fourteen days
of such publication, apply to be substituted as petitioner and upon compliance with the
conditions, if any, as to security shall be entitled to be so substituted and to continue the
proceedings upon such terms as the court may deem fit.
188. Abatement or substitution on death of respondent.— Where, before the
conclusion of the trial of an election petition, the sole respondent dies or gives notice that he
does not intend to oppose the petition or any of the respondents dies or gives such notice and
there is no other respondent who is opposing the petition, the court shall cause notice of such
event to be published in the office of the court, in the office of the State Election Commission
and in the office of the Municipality concerned and thereupon any person who might have been
a petitioner may, within fourteen days of such publication, apply to be substituted in place of
such respondent to oppose the petition, and shall be entitled to continue the proceedings upon
such terms as the court may think fit.
189. Appeals.— (1) Any person aggrieved by an order made by the court under section
176 or section 177 may prefer an appeal to the District Court on any question whether of law or
of fact.
(2) Every appeal under this section shall be preferred within a period of thirty days from
the date of the order of the court under section 176 or section 177:
Provided that the District Court may entertain an appeal after the expiry of the said
period of thirty days, if it is satisfied that the appellant had sufficient cause for not preferring the
appeal within such period.
 190. Procedure in appeal.— (1) Subject to the provisions of this Act and of the rules, if
any made there under the District Court may dispose of the appeal in accordance with the
procedure laid down in the Code of Civil Procedure, 1908 (Central Act 5 of 1908) for the hearing
of appeals and the decision of the District Court in the appeal shall be final.
(2) As soon as an appeal is decided, the District Court shall intimate the substance of
the decision to the State Election Commission and the Chairperson of the Municipality
concerned and as soon as may be, thereafter shall send to the State Election Commission an
authenticated copy of the decision; and upon its receipt, the State Election Commission shall-
(a) forward a copy thereof to the Chairperson of the Municipality concerned.
cause the decision to be published in such manner as the State Election
(b)
Commission may deem fit.
191. Security for costs.— (1) At the time of presenting an election petition, the
petitioner shall deposit in the Munsiff’s Court a sum of one thousand rupees as security or
enclose with the petition a Government treasury receipt showing that the deposit of the said
amount has been made by him in a Government treasury in favour of the Munsiff as security for
the costs of the petition.
(2) During the course of the trial of an election petition, the court may, at any time, call
upon the petitioner to give such further security for costs as it may direct and if the petitioner
fails to do so dismiss the petition.
192. Security for costs from a respondent.— No person shall be entitled to be joined
as a respondent under sub-section (3) of section 169 unless he has given such security for costs
as the court may direct.
193. Costs.— Costs shall be in the discretion of the court, provided that where a petition
is dismissed under clause (a) of section 176, the returned candidate shall be entitled to the costs
incurred by him in contesting the petition and accordingly the court shall make an order for costs
in favour of the returned candidate.
194. Payment of costs out of security deposits and return of such deposits. — (1)
Where in any order as to costs under the provisions of this Chapter there is a direction for
payment of costs by any party to any person, such costs shall, if they have not been already paid,
be paid in full or so far as possible, out of the security deposit and the further security deposit, if
any, made by such party under this Chapter on an application made in writing in that behalf
within a period of one year, from the date of such order to court by the person in whose favour
the costs have been awarded.
(2) Where there is any balance left out of any of the said security deposits after payment
under sub-section (1) of the costs referred to in that sub-section, such balance, or where no costs
have been awarded or no application as aforesaid has been made within the said period of one
year the whole of the said security deposits may, on a application made in that behalf in writing
to the court by the person by whom the deposits have been made, or if such person dies after
making such deposits, by e g representative of such person, be returned to the said person or to
his legal representative , as the case may be.
195. Execution of orders as to costs— Any order as to costs under the provisions of
this Chapter may be produced before the Principal civil court of original jurisdiction within the
local limits of whose jurisdiction any person directed by such order to pay any sum of money has
a place of residence or business, and such court shall execute the order or cause the same to be
executed in the same manner and by the same procedure as if it were a decree for the payment of
money made by itself in a suit:
Provided that where any such costs or any portion thereof may be recovered by an
application made under sub-section (1) of section 194 no application shall lie under this section
within a period of one year from the date of such order unless it is for the recovery of the balance
of any costs which has been left unrealised after an application has been made under that sub-
section owing to the insufficiency of the amount of the security deposits referred to in that sub-
section.

CHAPTER XI
GENERAL PROVISIONS REGARDING ELECTIONS

196. Powers of the State Election Commission.— (1) The State Election Commission
shall in the performance of its functions under this Act have all the powers of a Civil Court,
while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of
the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on
oath;
(b) requiring the discovery and production of any document or other material object
producible as evidence;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or a copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses or documents
(2) The State Election Commission shall also have the power to require any person
subject to any privilege which may be claimed by that person under any law for the time being in
force, to furnish information on such points or matters as in the opinion of the Commission may
be useful for, or relevant to, the subject matter of the inquiry.
(3) The State Election Commission shall be deemed to be a civil court and when any
such offence, as is described in section 175, section 178, section 179 section 180 or section 228
of the Indian Penal Code (Central Act 45 of 1860), is committed in the view or presence of the
Commission, the Commission may after recording the facts constituting the offence and the
statement of the accused as provided for in the Code of Criminal Procedure, 1973 (Central Act 2
of 1974), forward the case to a magistrate having jurisdiction to try the same and the magistrate
to whom any such case is forwarded shall proceed to hear the complaint against the accused as if
the case had been forwarded to him under section 346 of the Code of Criminal Procedure, 1973
(Central Act 2 of 1974).
(4) Any proceeding before the Commission shall be deemed to be a judicial proceeding
within the meaning of section 193 and section 228 of the Indian Penal Code (Central Act 45 of
1860).
25
[(5) Notwithstanding anything contained in this Act or in any other law where the State
Election Commission is satisfied on enquiry that any petition filed before him against any person
is frivolous and is baseless and not in good faith, the Commission may direct the petitioner to
pay such costs for conducting such enquiry by the opposite party.]
 197. Statements made by persons to the State Election Commission.— No statement
made by a person in course of giving evidence before the State Election Commission shall
subject him to, or be used against him in, any civil or criminal proceeding except a prosecution
for giving false evidence by such statement:
Provided that the statement-
(a) is made in reply to a question which he is required by the State Election
Commission to answer; or
(b) is relevant to the subject matter of the inquiry.
198. Procedure to be followed by the State Election Commission.— The State Election
Commission shall have the power to regulate its own procedure, including the fixing of places
and times of its sittings and deciding whether to sit in public or in private.
199. Protection of action taken in good faith.— No suit, prosecution or other legal
proceedings shall lie against the State Election Commission or any person acting under the
direction of the Commission in respect of anything which is in good faith done or intended to be
done in pursuance of the forgoing provisions of this Chapter or of any order made thereunder or
in respect of the tendering of any opinion by the Commission to the Governor or to the
Government or in respect of the publication, by or under the authority of the Commission of any
such opinion, paper or proceedings.
200. Extension of time for completion of election.— It shall be competent for the State
Election Commission for reason which it considers sufficient, to extend the time for the
completion of any election by making necessary amendments in the notification issued by it
under section 105.
201. Return or forfeiture of candidate’s deposit.— (1) The deposit made under section
109 shall either be returned to the persons making it or his legal representative or be forfeited to
the Municipality concerned in accordance with the provisions of this section.
(2) Except in cases hereafter mentioned in this section, the deposit shall be returned as
soon as practicable after the result of the election is declared.
(3) If the candidate is not shown in the list of contesting candidates, or if he dies before
the commencement of the poll, the deposit shall be returned as soon as practicable after the
publication of the list or after his death, as the case may be.
(4) Subject to the provisions of sub-section (3), the deposit shall be forfeited if at an
election where a poll has been taken, the candidate is not elected and the number of valid votes
polled by him does not exceed one-sixth of the total number of valid votes polled by all the
candidates.
202. Staff to be made available.— Every department of the Government and every local
authority or other authority and every educational institutions including aided schools and
private affiliated colleges in the State shall, when so requested by the State Election Commission
or the District Election Officer, make available-
(a) to the Electoral Registration Officer, such staff as may be necessary for the
performance of any duties in connection with the preparation and revision of electoral rolls; or
(b) to any Returning Officer such staff as may be necessary for the performance of
any duties in connection with an election.
25. Sub-section (5) added by Act 14 of 1999, w.e.f. 24-3-1999.
 26
[202A. Grant of paid holiday to employees on the day of general election.— (1)
Every person engaged in the work in any industrial establishment or trade establishment or
commercial establishment or in any other establishment in the private sector who is eligible to
vote in the Municipality election shall be granted leave on the day of general election.
(2) The wages of any such person shall not be reduced or disallowed on account of
the leave granted as per sub-section (1), even though such person is appointed on the basis that
wage will not ordinarily be paid for such date, he shall be paid the wages that would have been
received by him on such date, had he not been granted leave for that day.
(3) This section shall not be applicable where, the absence of the voter may be
injurious or causes substantial loss to the work in which he is engaged.]
203. Jurisdiction of civil courts barred.— No Civil Court shall have jurisdiction-
(a) to entertain or adjudicate upon any question whether any person is or is not
entitled to be registered in an electoral roll of a ward in a Municipality; or
(b) to entertain any question on the legality of any action taken by or under the
authority of an electoral registration officer or of any decision given by any other person
appointed under this act for the revision of any such roll; or
(c) to entertain any question on the legality of any action taken or of any decision
given by the Returning Officer or by any other person appointed under this Act in connection
with an election.
204. Expenses in connection with elections.— Funds to meet all expenses in
connection with the elections including those in relation to the preparation of the electoral rolls
therefor shall be met by the Government at the first instance and such expenses shall be
reimbursed to the Government by the Municipalities concerned in such manner as may be
prescribed.

26. Inserted by Act 30 0f 2009, w.e.f. 07-10-2009, published in K.G.Ex.No.1844, dt.07-10-2009

 SECOND SCHEDULE
[See section 85(f)]
FORM OF OATH OR AFFIRMATION

I........................................................................ a candidate for election as a member in

Ward No of the.................................Municipality do swear in the name of God/solemnly affirm
that I 27[will bear true faith and allegiance and maintain sovereignty and integrity of India] to the
Constitution of India as by law established, and that if elected I will duly and faithfully to the
best of my ability, knowledge and judgement perform the duties of my office without fear or
favour or affection or illwill.

THE THIRD SCHEDULE

[See section 143 (1)]
FORM OF OATH OR AFFIRMATION

I ......................................................... having been elected Councillor/Mayor/Deputy

Mayor/Chairman/Vice Chairman of ........................Municipal Corporation/...................Municipal
Council/........................Town Panchayat do swear in the name of God/solemnly affirm that
128[will bear true faith and allegiance and maintain sovereignty arid integrity of India] to the
Constitution of India as by law established and I will duly and faithfully and to the best of my
ability, knowledge and judgement perform the duties of my office without fear or favour or
affection or illwill.

27. Substituted for “will bear true faith and allegiance” by Act 14 of 1999, w.e.f. 24-3-1999
28. Substituted for “will bear true faith and allegiance” by Act 14 of 1999, w.e.f. 24-3-1999