The Kerala Municipality (Compounding of offences) Rules, 1996

S.R.O.No. 8/97. — In exercise of the powers conferred by clause (b) of section 545 of the Kerala Municipality Act, 1994 (20 of 1994) read with sub-section (1) of section 565 thereof, the Government of Kerala, hereby make the following rules, namely :-RULES

1. Short title and commencement.—

(1) These rules may be called the Kerala Municipality (Compounding of offences) Rules, 1996.

(2) They shall come into force at once.

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

(a) 'Act' means the Kerala Municipality Act, 1994 (20 of 1994);

(b) 'Council' means the Council of a Municipality;

(c) 'Municipality' means a Town Panchayat, a Municipal Council or a Municipal Corporation;

(d) 'Secretary' means Secretary of a Municipality;

(e) 'Section' means a section of the Act.

3. Compoundable offences.— The Secretary may, prosecute in a competent court any person who has committed an offence punishable as per the Section shown in column (1) of the schedule appended to these rules or as per the rules, bye-laws or regulations made under the Act or may, in his discretion, compound such offence subject to these rules.

Provided that where prosecution has been launched before a court, the offence shall not be compounded without the permission of that court.

4. Notice against offenders and compounding of offences.—(1) The Secretary shall, if he has reasons to believe that a person has committed an offence under rule 3, issue a notice in the forms appended to these rules to show cause why prosecution proceedings should not be taken against him.

(2) The Secretary may if the person concerned submits the reasons within fifteen days of receipt of notice mentioned in sub-rule (1) and if convinced that there is sufficient reason for not prosecuting, compound the offence on the application by such person.

(3) Application for compounding of offence shall be submitted to the Secretary within fifteen days from the date of receipt of the notice under sub-rule (1) and the application shall be affixed with a court fee stamp of rupees five and rupees ten shall be remitted in the Municipal fund as compounding fee.

* Published in K.G. Ex, No. 978 dt. 10-7-2001, as G.O.(P) No. 153/2001/LSGD dt 21-6-2001.

1

(4) The Secretary shall immediately on receipt of an application under sub-rule (3) consider the nature and seriousness of the offence alleged against the applicant and may, if he is of opinion that the offence is to be compounded, compound the offence after levying an amount as fine which is not less than twenty-five per cent but not more than fifty per cent of the fine mentioned in column (3) of the schedule appended to these rules or reject the application:

Provided that the applicant shall, if the offence alleged against him is that he has not remitted any amount due to the Municipality or that he has not complied with any directions legally issued by the Secretary, remit the amount or comply with the direction, as the case may be before compounding the offence.

(5) The Secretary shall, in all cases where reply has not been furnished to the notice under sub-rule (I) within the time specified therein or the reply furnished is not sufficient or application for compounding of offence has not been submitted, initiate action to prosecute the person concerned in a competent court.

(6) The Secretary may, if the party concerned submits application for compounding of offence by remitting compounding fee as per sub-rule (3) after prosecution has bee commenced in the court, in case the conditions specified in the proviso to sub-rule (4) applies to him, after ensuring that he has remitted the amount or has complied with the directions, as may be reasonable, by levying not less than fifty per cent of the amount mentioned in column (3) of the schedule appended to these rules as fine and with the prior permission of the court, compound the offence.

(7) The Secretary shall inform the applicant in writing the decision taken on the application submitted to him for compounding of offence,

5. Offences repeated not to be again compounded,—An offence once compounded if repeated, shall not be compounded except in the case of default of remittence of any amount due to the Municipality.

6. Appeal.—

(1) An appeal may be filed if the Secretary rejects as application for compounding of offence, before the council within thirty days of receipt of the order of rejection.

(2) The Council shall, within ninety days of receipt of an appeal under sub-rule (1), take a decision as they deem proper and direct the Secretary if the decision is to allow the appeal, to compound the offence subject to the provisions is these rules.

 

**[SCHEDULE

(See Rule 3)

Section

(1)

Sub-Section

(2)

Offence

(3)

Fine

(4)

240

(1)

Failure to giver notice of transfer of title or to produce documents

Rupees five hundred

241

(1)

Failure to giver notice to Secretary after completion of construction/reconstruction of building

Rupees five hundred

244

(1)

Failure of owner or occupier to file return of rent, etc.

Rupees one thousand

249

 

Failure of owner or occupier to comply with the requisition to furnish list of persons carrying "on profession, art etc.

Rupees five thousand

250

 

Default of the employer or head of an office, firm or company to comply with requisition to furnish list of persons under his employment

Rupees five thousand

252

 

Failure to recover, professional tax by employer etc.

Rupees five thousand

253

(2)

Failure to furnish list of employees etc.

Rupees five thousand

256

 

Failure to pay professional tax by self drawing officers

Rupees five hundred

264

(2)

Failure to comply with requisition to furnish statement of vessels and animals liable to taxation or furnishing false statements

Rupees two hundred and fifty

275

(2)

Exhibiting any advertisements without permission

Rupees five hundred and fifty

318

 

Making connection with mains without permission

Rupees five thousand

322

 

Failure to comply with requisition to provide latrine or to remove latrine to another site and failure to keep latrine clean and in proper order

Rupees fiver hundred

323

 

Failure to provide latrines in premises used by large number of people or to keep them clean and in proper order

Rupees two thousand and five hundred

324

 

Failure to comply with requisition to provide latrines for markets, cattleshed or cart stand or to keep them clean and in proper order

Rupees two thousand and five hundred

325

 

Failure to construct-latrine so as to screen persons using the same from view

Rupees two hundred and fifty

335

 

Improper disposal of carcasses rubbish and filth

Rupees five hundred

336

 

Allowing rubbish, filth etc. to accumulate on premises for more than twenty four hours

Rupees one thousand

337

 

Allowing filth to out flow along streets

Rupees two thousand and five hundred

338

 

Unlawful disposal of skin, carcasses etc

Rupees five thousand

339

 

Using cart without cover for removal of filth, etc.

Rupees two hundred and fifty

340

 

Throwing rubbish or filth or debis in public places

Rupees two thousand

341

 

Committing nuisance in public streets, etc.

Rupees five hundred

351

 

Construction of building within the regular street alignment

Rupees twenty-five thousand

352

(1)

Failure to comply with orders as to set back of buildings

Rupees twenty thousand

357

 

Unlawful displacement etc. of pavements, fences posts and other materials in any public street

 

Rupees five thousand

359

 

Failure to provide roads etc. on buildings, sites, prior to disposal

Rupees two thousand

360

(5)

Unlawful making or laying out of new private street

 

362

 

Failure to comply with the requisition for metaling etc, in private street

Rupees one thousand

364

 

Constructing wall, erecting fence etc. in Public street

Rupees ten thousand

365

 

Obstructing a person from using the street

Rupees one thousand

366

 

Allowing to open outwards doors. windows in the first floor etc. without licence or contrary to notice

Rupees five hundred

367

 

Failure to remove permanent encroachment

Rupees Ten thousand

368

 

Failure to remove temporary encroachment

Rupees Two thousand

369

 

Causing obstruction in Public Street

Rupees ten thousand

370

 

Unauthorised deposits of materials in public streets etc.

Rupees One thousand

374

 

Unlawful removal of shoring timber bar etc. or removal or extinguish light

Rupees One thousand

375

(1)

Unlawful making of hole or placing of obstruction in street

Rupees One thousand

377

 

Construction of building without licence which is likely to be obstructed the street in foot path or failure to fence such building while repairing or failure to remove obstruction

Rupees Twenty thousand

378

 

Failure to remove obstruction caused in street by fall of trees, etc. within 12 hours of fall.

 

Rupees One thousand

379

(3)

Unlawful destruction etc. of name of Street

Rupees Five hundred

380

(2)

Unlawful destruction etc. of building number

Rupees Five hundred

380

(3)

Failure to replace number when required to do so

Rupees Five hundred

383

(5)

Constructing or reconstructing building contrary to declaration issued by Council

Rupees Five thousand

384

(4)

Failure to comply with requisition to round off or splay off building at corners of street

Rupees Five thousand

385

 

Construction of external roofs, etc. with inflammable materials

Rupees Two thousand five hundred

386

 

Construction of door or window etc. so as to open outwards or Public Street

Rupees Five hundred

404

 

Failure to keep external walls of premises in proper repair

Rupees Five hundred

411

(1)

Failure to comply with requisition to demolish repair or secure dangerous structures

Rupees Five thousand

412

(1)

Failure to comply with requisition to secure, lop or cut down dangerous trees

Rupees Two thousand

413

 

Failure to comply with requisition to repair etc. tank or other place dangerous to passers by or persons living in neighbourhood

Rupees One thousand

414

 

Failure to comply with requisition to stop dangerous quarrying

Rupees Five thousand

415

 

Failure to comply with notice regarding precautions against fire

Rupees Five thousand

416

(I)

Constructing well etc. without permission

Rupees Five hundred

416

(3)

Failure to comply with the notice to fill up or demolish well

Rupees five hundred

417

 

Failure to comply with requisition to fill up etc. tank or well or drain off water etc

Rupees one thousand

418

 

Cultivating contrary to prohibitions or regulations

Rupees one thousand

419

 

Failure to comply with requisition to clean close etc. of tank, well or other water based for drinking

Rupees one thousand

421

 

Obstructing a "person from the use and enjoyment of well, tank or reservoir

Rupees five hundred

422

 

Unlawful laundring, and fishing in river, etc. after prohibition or contrary to regulations

Rupees five hundred

424

 

Washing of cloths by washermen at unauthorised places

Rupees two hundred and fifty

425

 

Defiling water of pond tank. etc.

Rupees five hundred

426

 

Failure to comply with requisition to enclose clear or-cleanse uninhabited lands

Rupees five hundred

427

 

Failure to comply with requisition to enclosee or cleanse untenanted lands

Rupees five hundred

428

 

Failure to secure trees adjacent to building or well

Rupees one thousand

429

 

Failure to comply with requisition to fence around building or land or trim. prune and outsherbs and trees or to lower the heights of surrounding wall

Rupees one thousand

431

 

Failure to comply with requisition to white wash or otherwise cleanse the building

Rupees five hundred

432

 

Failure to comply with requisition to execute work or take other action with respect to sanitary buildings.

Rupees one thousand in the case of building and rupees five hundred in the case of hut

433

(2)

Using or allowing the use of prohibited building unfit for human habitation.

Rupees two hundred and fifty for each day

433

(4)

Failure to comply with requisition to demolish such building

Rupees two hundred and fifty each day

434

(1)

Allowing overcrowded dwelling in building even after the order to abate the same

Rupees one hundred for each day

434

(4)

Failure to comply with requisition to vacate overcrowded building or room

Rupees one hundred for each day

435

 

Feeding animals on filth

Rupees five hundred

436

 

Unlawful keeping of animals in such a way as to cause nuisance or danger

Rupees five hundred

444

 

Use of places as stable, cattle shed etc. without license or contrary to license

Rupees five hundred

445

 

Construction or maintenance of stable, cattleshed, etc., contrary to Act.

Rupees five hundred

446

 

Use of place as stable, cattle shed, etc. contrary to notice issued by the Secretary

Rupees two thousand

447

(I)

Using place for any of the purposes specified in the rules made for this, without license or contrary to license.

Rupees ten thousand

448

 

Unlawful establishment of factory, workshop, etc.

Rupees ten thousand

449

 

Violation of order regarding abatement of nuisance

Rupees two thousand five hundred

453

 

Use of a place as slaughter house without licence or contrary to licence

Rupees five hundred

455

(1)

Slaughter of animals for sale as food

Rupees five thousand

455

(5)

Skinning or cutting up of drying skin from carcases soas to cause nuisance

Rupees two hundred for each carcase or skin

456

 

Carrying on milk trade without licence or contrary to licence

Rupees one hundred

457

 

Obstructing a person from using a market

Rupees one thousand

459

 

Sale or exposure for sale in public market of animal or article without licence or contrary to licence

Rupees five hundred

460

 

Open or kept open private market without licence or contrary to licence

Rupees five hundred

462

 

Sale or exposure for sale of animals or article in unlicensed private market

Rupees five hundred

463

 

Failure to comply with direction to construct approaches, drains etc., to private markets on to pave them etc.

Rupees one thousand

464

(2)

Open or kept open of private market after suspension or refusal of licence for default to carry out works

Rupees two hundred and fifty for each day

465

 

Creating nuisance in private market

Rupees two hundred and fifty

469

 

Carrying on butcher's fish mongers or poulterers trade without licence, etc.

Rupees one thousand

470

 

Sale or exposure for sale of animal or article in public street

Rupees five hundred

473

 

Using public place or the sides of public street as public landing places etc.

Rupees five thousand

475

 

Open or kept open new private cart stand without licence or contrary to licence

Rupees five thousand

478

 

Preventing the Secretary or any person authorized by him from exercising his powers of entry, etc. under this section

Rupees five thousand

480

 

Removing or in any way interfering with the affairs of the animal or article seized

Rupees five thousand

484

(1)

Opening, etc a new place for the disposal of the dead body without licence

Rupees ten thousand

486

(3)

Use or allowing the use of burial or burning ground which has not been registered, licenced or authorized

Rupees ten thousand

487

 

Failure to give information of burial or burnings in burial or burning ground

Rupees five hundred

488

(3)

Burial or burning in place after prohibition

Rupees ten thousand

489

 

Offenses in respect of corpses

Rupees five hundred

492

(2)

Failure to produce license on demand

Rupees five hundred

494

 

Failure to medical practitioner or owner to giver information regarding the infection of dangerous disease in private or public dwelling

Rupees five hundred

496

 

Failure to comply with requisition to close or disinfect building or articles

Rupees five hundred

497

(3)

Washing of infected article unauthorized places

Rupees five thousand

498

 

Giving etc. of infected articles

Rupees five thousand

499

 

Using water after prohibition

Rupees five hundred

501

 

Infected person carrying on occupation

Rupees one thousand

502

(1)

Infected person travelling in public conveyance without taking proper precaution against spreading of disease

Rupees five hundred

502

(2)

Entry of infected person in public conveyance

Rupees five hundred

502

(3)

Carrying infected person in public conveyance

Rupees five hundred

503

 

Letting or sub-letting of infected building without previous disinfected etc.

Rupees two thousand

504

 

Failure to close place of public entertainment

Rupees two thousand

505

 

Sending infected child to school

Rupees five hundred

519

 

Failure to comply with summons

Rupees five hundred

527

(1)

Failure to occupier to comply with the requisition to permit owner to comply with provisions of this Act

Rupees one thousand

554

 

Obstructing or molesting Municipal Council etc.

Rupees ten thousand

555

 

Removing mark set up for indicating level etc.

Rupees five hundred

556

 

Removal etc., of notice exhibited by or under orders of the Council

Rupees five hundred

557

 

Unlawful removal of earth, sand or other materials from land vested in the Council or deposit of materials in river, estuary etc. or encroachment into them

Rupees five thousand

 

FORM

[See rule 4(1)]

......................................................Town Panchayat/Municipal Council/Corporation.

NOTICE

It has come to the notice that you Sri/Smt.......................................................

(Name and address)..................................................................................................

have committed the offence mentioned in the schedule below by violating the provisions of section/ sections.............................of the Kerala Municipality Act, 1994/rule..........

of.......................................................Rules/............................................................

bye law/ Regulation made under the said Act. Therefore it is intended to take prosecution proceeding under Section 545 of the Act against you. It is hereby informed that if you have any reason for not taking prosecution proceedings against you as stated above that may be submitted in this office in writing within fifteen days from the date of receipt of this notice and that if sufficient reason is not submitted within the stipulated time, prosecution proceeding will be taken against your without further notice.

it is also informed that if you have any intention to avoid prosecution proceedings by compounding the offence, an application should be submitted for the same as per sub-rule (3) of rule 4 of the Kerala Municipality (compounding of Offences) Rules, 1996 along with the above said explanation within fifteen days from the date of receipt of this notice.

 
SCHEDULE

Place : Secretary

Date :

Explanatory Note

(This does not form part of the Notification, but is intended to indicate its general purpose.)

As per clause (b) of section 545 of the Kerala Municipality Act, 1994 (Act 20 of 1994) Secretary may compound the offence committed by invoking the provisions in the Act and the Rules, Bye-laws and Regulations made under the Act and made compoundable by the Act or Rules. Government have decided to make rules under the said clause read with sub-section (1) of section 565. This Notification is intended to achieve the above purpose.

 

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