Panchayat:Repo18/vol2-page0305

regards the nature of the action taken in respect of them and the steps taken in regard to their proper maintenance.

11. Removal of unauthorised persons.- If any person enters and remains in any park, play-field or open space belonging to or vested in the Governmentor a local authority in contravention of any rules prescribed in this behalf by the local authority, he may, without prejudice to any other proceedings that may be taken against him, be removed from such park, play-field or open space by any police officer or any other person acting on behalf of the local authority or the executive authority.

12. Penalties.-Whoeverthrows any rubbish into any park, play-field or open space specified in the list published under section 4 or gets over the railings or fence of any such park, play-field or open space or steals or damages the fruits, plants, grass or any other thing whatsoever therein or commits any nuisance therein shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees.

13. Role of Government.-' (1) If the Government are satisfied after giving the executive authority an opportunity of explanation, that the executive authority of the local authority has failed to enforce effectively the provisions of this Act or to execute any work which under this Act the executive authority is required to execute, the Government may order the local authority to do all things necessary for enforcing the provisions of this Act effectively or for executing any work which under this Act the executive authority is required to execute.

(2) For the purposes of this section, the Government shall have the same powers of calling for records, of causing inspection to be made and of enforcing their orders by appointing persons to enforce them, as they have under sections 188 and 194 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) or sections 56 and 61 of the Kerala Municipality Act, 1994 (20 of 1994).

14. Power to make rules.- (1) The Government may, by notification in the Gazette, make rules for the purpose of carrying out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for

   (a) controlling or, regulating the admission of persons to, and the conduct of persons in, and in the vicinity of, parks, play- fields and open spaces;

  (b) restricting or prohibiting the admission of animals or any class of animals to any park, play-field or open space;
 (c) the procedure to be followed under sub-section (5) of section 9;
 (d) the time within which the annual return under section 10 shall be submitted to the Government;
 (e) removing from any park, play-field or open space any person who is therein in contravention of any order or direction of the executive authority or any person authorised under section 11;
 (f) any other matter which has to be, or may be, prescribed under this Act.

(3) Every rule made, every notification issued and every list of parks, play-fields and open spaces published under this Act shall be laid as soon as may be after it is made, issued or published before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule, notification or list or decides that the rule, notification or list should not be made, issued or published, the rule, notification or list shall thereafter have effect only in such modified form or be of no effect, as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, notification or list.


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