State Act

THE GURUVAYUR TOWNSHIP ACT, 1961

Act no. 43 of 196119616 sectionsRepealedKerala (State Act)

This Act was repealed on a date we do not have by Act 20 of 1994 (as India Code's Malayalam copy of this Act, AC_KL_72_404_196143_1790848549333, is headed); it may still apply to matters that began before then.

1. Short title and commencement.—(1) This Act may be called the Guruvayur Township Act, 1961. (2) This section shall come into force at once, and the rest of this Act shall come into force on 1such date as the Government may, by notification in the Gazette, appoint (hereinafter referred to as the appointed date).

2. Guruvayur to be a township.—(1) With effect on and from the appointed date, the area specified in the Schedule shall be a township called the Guruvayur Township, and the Government may, from time to time, by notification in the Gazette, alter the limits of the area specified in the Schedule and any such alteration shall have effect as if it had been made by this Act. (2) Where the limits of the area specified in the Schedule are altered by notification under sub-section (1), the notification may also contain such provisions regarding the application or cesser of application of any enactment and the local authority which is to exercise, or cease to exercise jurisdiction, in relation to the area included in or excluded from the Guruvayur Township, the apportionment and adjustment of asssets and liabilities as between the local authorities concerned and other incidental or consequential matters, as the Government may deem necessary or proper. (3) The Madras Village Panchayats Act, 1950 (Madras Act X of 1950), the Kerala Panchayats Act, 1960 (Act 32 of 1960) and the Madras District Boards Act, 1920 (Madras Act XIV of 1920) shall, with effect on and from the appointed date, cease to apply to the Guruvayur Township.

3. Constitution and composition of committee for administration of Guruvayur Township.—(1) For the purpose of administering the municipal affairs of the Guruvayur Township, the Government shall, by a notification in the Gazette, constitute a committee to be called the Guruvayur Township Committee (hereinafter referred to as the Township Committee) consisting of seven members who shall be appointed by the Government. Of the seven members aforesaid, four shall be non-officials. (2) The Government shall appoint— (a) one of the members of the Township Committee to be its Chairman; and (b) another person(not being a member of the Township Committee) to be its Executive Officer. (3) The Township Committee shall be a body corporate, having perpetual succession and a common seal, and subject to any restrictions or qualifications imposed by or under this or any other enactment, shall be vested with the capacity of suing and 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 purposes for which it is constituted.

4. Application of Kerala Act 14 of 1961 and other enactments to Guruvayur Township subject to specified modifications, additions and restrictions.—(1) The Government may, by notification in the Gazette, direct that any of the provisions of the Kerala Municipalities Act, 1960 (Act 14 of 1961), or of any rules made thereunder or of any other enactment for the time being in force elsewhere in the State of Kerala, but not in the Guruvayur Township, shall apply to the township to such extent and subject to such modifications, additions and restrictions as may be specified in the notification. (2) In particular and without prejudice to the generality of the foregoing provision, such notification may authorise— (a) the township committee to levy all or any of the taxes and fees which may be levied by virtue of the provisions applicable to the township under this section and (b) the Executive Officer of the Township Committee to exercise and perform in regard to the township, the powers and duties assigned to the Commissioner of a municipality under the provisions applied as aforesaid, subject to such restrictions, limitations and conditions and to such control, if any, as may be specified in the notification.

5. Transfer of property rights and liabilities of Chowghat and Kottapadi Panchayats and of Malabar District Board.— (1) All property, all rights of whatever kind used, enjoyed or possessed by, and all interests of whatever kind owned by or vested in or held in trust by or for the Chowghat or Kottapadi Panchayat or the Malabar District Board as well as all liabilities legally subsisting against any of these Panchayats and the Malabar District Board, shall, in so far as such property, rights, interests or liabilities relate to the whole or any part of the Guruvayur Township, stand transferred, on and from the appointed date to the Township Committee. (2) If any dispute arises whether any property, right, interest or liability referred to in sub-section (1) relate to the Guruvayur Township or not under the said sub-section, the matter shall be referred to the Government, and the decision of the Government thereon shall be final. (3) All arrears of taxes or other payments by way of composition for a tax or due for expenses or compensation or otherwise, due to either of the aforesaid Panchayats or the Malabar District Board, immediately before the appointed date may, in so far as such arrears or other payments relate to the whole or any part of the Guruvayur Township, be recovered by the Township Committee. (4) All proceedings taken by or against either of the aforesaid Panchayats or the Malabar District Board may, in so far as they relate to any of the matters provided for in sub-sections (1) and (3), be continued by or against the Township Committee.

6. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion may require, by order do anything which appears to them necessary for the purpose of removing the difficulty. (2) All notifications and orders made under this Act shall as soon as possible after they are made, be placed on the table of the Legislative Assembly for fourteen days, and shall be subject to such modification, whether by way of repeal or amendment, as the Legislative Assembly may make during the session in which it is so laid.