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.
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(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.
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**[SCHEDULE (See Rule 3) |
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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 |
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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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