Amendment status not verified — confirm the current text below against the official source.
[(1) Before the expiry of a financial year. If the council fails to approve, the budget of the Municipality for the succeeding financial year, and if, for that reason, there is financial crisis to the Municipality or if the majority of the councillors resign or have been disqualified, the Government may, by notification in the Gazette, dissolve the Municipality from such date as may be specified therein and shall forward a copy thereof to the State Election Commission: Provided that before such dissolution, the Municipality shall be given a reasonable opportunity of being heard. (1A) Where the Government are of opinion that a Municipality consistently makes default in performing the duties imposed on it by law or in carrying out the orders or directions issued in accordance with law by the Government or exceeds or abuses its powers, they may, by notification in the Gazette, dissolve the said Municipality and shall forward a copy thereof to the State Election Commission: Provided that the Government shall, before such dissolution communicate to the Municipality their intention to dissolve the Municipality giving reasons therefore and give the Municipality a reasonable opportunity to show cause against the same and consider its objection or explanation, if any: Provided further that if, after considering the objection or explanation of the Municipality, it is considered that the Municipality shall be dissolved the advice of the Ombudsman constituted under Section 271 G of the Kerala Panchayat Raj Act 1994 (Act 13 of 1994) shall be sought and the final decision shall be taken on the basis of that advice.] (2) A Municipality dissolved [under sub-section (1) or sub-section (1A)] shall be reconstituted within such time as the Government may specify in that behalf which shall not be later than six months from the date of dissolution: Provided that where the remainder of the period for which the dissolved Municipality would have continued is less than six months, it shall not be necessary to hold any election for reconstituting the Municipality for such period. [(3) x x x x] (4) Upon the dissolution of a Municipality [under sub-section (1) or sub-section (1A)] all the Councillors, including the Chairperson and the Deputy Chairperson shall forthwith be deemed to have vacated their offices. [(5) x x x x] (6) A Municipality which is constituted upon dissolution before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Municipality would have continued had it not been so dissolved. (7) Every notification issued [under sub-section (1) or sub-section (1A)] shall, as soon as may be, after it is issued, be laid before the Legislative Assembly while it is in session and if it is not in session, at the commencement of the ensuing session and the approval of the Assembly obtained. Sub-section (1) substituted by Act 14 of 1999, w.e.f. 24-3-1999. Prior to the substitution sub-section (1) read as under: "(1) Where the Government are of opinion that a Municipality persistently makes default in performing the duties imposed on it by law, or in carrying out the orders or directions lawfully issued by the Government, or exceeds or abuses its powers, the Government may, by notification in the Gazette, dissolve the Municipality from such date as may be specified in the notification and forward a copy thereof to the State Election Commission." Substituted for "under sub-section (1)" by Act 14 of 1999, w.e.f. 24-3-1999. Sub-section (3) omitted by Act 14 of 1999, w.e.f. 24-3-1999. The omitted sub-section (3) read as under: "(3) Before publishing a notification under sub-section (1), the Government shall communicate to the Municipality concerned the grounds on which they propose to do so, give the Municipality a reasonable period to show cause against the proposal and consider its explanation or objection, if any." by Act 14 of 1999, w.e.f. 24-3-1999. Substituted for "under sub-section (1)" by Act 14 of 1999, w.e.f. 24-3-1999. Sub-section (5) omitted by Act 14 of 1999, w.e.f. 24-3-1999. The omitted sub-section (5) read as under: "(5) During the interim period between the dissolution and the reconstitution of a Municipality, all powers, functions and duties of a Municipality including those of the Chairperson, the Deputy Chairperson, the Standing Committees and other Committees thereof shall be exercised, performed or discharged by the Secretary or such other officer as may be authorised by the Government in that behalf." Substituted for "under sub-section (1)" by Act 14 of 1999, w.e.f. 24-3-1999.