Bare ActsKerala Decentralisation of Powers Act, 2000

Section 35

Amendment to Act 15 of 1989

Amendment status not verified — confirm the current text below against the official source.

In the Kerala Public Libraries (Kerala Grandhasala Sanghom) Act, 1989 (15 of 1989),- (1) in sub-section (2) of section 3, after the words "elected by the general body of District Library Council" the words "three members elected from among the District Panchayat members of the State one member elected from among the Councillors of the municipalities of the State", shall be inserted; (2) in clause (i) of sub-section (1) of section 8, items (iv) and (vi) shall be omitted; (3) the proviso to sub-section (1) of section 10 shall be omitted; (4) in sub-section (1) of section 11,- (i) in clause (b), the last word "and" shall be omitted; (ii) after clause (c), the following clauses shall be inserted namely:- "(d) one member elected from among the District Panchayat members; and (e) one member elected from among the Councillors of the Municipalities in the district."; (5) the proviso to sub-section (1) of section 18 shall be omitted; (6) for sub-section (1) of section 19, the following sub-section shall be substituted, namely:- "(1) Every Taluk Library Council shall consist of,- (a) two members elected from among the village panchayat presidents in the taluk; (b) one member elected from among the municipal chair persons (if any) in the taluk; and (c) two representatives of each affiliated library in the taluk."; (7) in sub-section (1) of section 29, after the words "District Library Council may" the words "in consultation with the District Planning Committee" shall be inserted; (8) in section 48,- (i) for sub-section (2) and the proviso thereunder, the following shall be substituted, namely:- "(2) Notwithstanding anything contained in the Kerala Panchayat Raj Act, 1994 (13 of 1994) or in the Kerala Municipal Act, 1994 (20 of 1994), the cess levied under sub-section (1) shall be collected in an area within the jurisdiction of a village panchayat, by that village panchayat and in an area within the jurisdiction of a municipality, by that municipality as if the cess were a property tax payable under the said Acts as the case may be, and the provisions of the said Acts as far as the procedure for collection of tax shall apply accordingly."; (ii) for sub-section (3), the following sub-section shall be substituted, namely:- "(3) The cess collected under sub-section (2), less collection charges at the rate specified by the Government, shall be paid to State Library Council by the village panchayat or the municipal as the case may be, within three months from the date of such collection: Provided that the cess collected by a municipality or a village panchayat under this Act is not paid on or before the due date, the concerned local authority shall pay the said amount to the State Library Council together with penalty at the rate of two per cent per mensem from the date from which it was due: Provided further that the Secretary and President or Chairperson of the local authority concerned shall be jointly responsible for all belated payments and any amount paid to the State Library Council by way of penalty shall be realised from such Secretary and President or Chairperson of the local authority.".

Section 35 – Kerala Decentralisation of Powers Act, 2000 | DailyLaw.ai