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156. Secretary to submit report.-
(1) Secretary shall submit to Government every three months report
with respect to the following:-
(i)
total number of applications for building permit received during
the period;
(ii)
total number of applications in which building permit was issued
and or refused;
(iii)
details of applications in which decision was not taken within 30
days or 14 days as the case may be, from the date of receipt and
the reasons therefore;
(iv)
details of applications referred to the Council, by the applicant;
(v)
total number of applications received for regularization, of unauthorized
or deviated constructions;
(vi)
total number of applications for regularization disposed of specifying
the number of applications sanctioned and or refused, if refused,
details of further action taken;
(vii)
number of applications for regularization pending, disposal;
(viii)
total number of illegal constructions detected and action taken
thereon; and
(ix)
details of Government directions received and action taken thereon.
(2)
Government shall, after considering the report, take action as they
deem proper.
157. Vigilance Squad.- (1) There shall
be a vigilance squad in every District to detect, prevent and report
on the illegal construction.
(2)
Regional Joint Director of Municipalities having jurisdiction in
the District, Town Planner in the Town and Country Planning Department
having jurisdiction in the District and the officer or officers
who may be nominated by Government from time to time shall form
the squad.
(3)
The District Police Officer shall render all assistance to the squad,
if so requested, for discharging their duties.
(4)
The vigilance squad shall send detailed report to Government regarding
all the illegal constructions detected together with a description
of the action taken thereon within a week.
158. Stoppage of dangerous or defective works.-
(1) Notwithstanding anything contained in these rules, the Secretary
may, at any time stop the construction or reconstruction or alteration
of any building, if in his opinion, the work in progress is a
danger to human life.
(2)
The Secretary shall have the power to condemn any work or material
which in his opinion is unsatisfactory or is likely to constitute
a danger to health and any work or material so condemned shall be
remedied, amended or made good or shall be removed in full or in
part and replaced by new work or material, to the Satisfaction of
the Secretary.
159. Penalty for unlawful building.-
(1) The owner of a building or well or a person to whom notice is
issued under these rules shall, where the construction or reconstruction
of such building or tower or any structure or digging of such
well-
(a) is commenced without the permission of the Secretary; or
(b)
is carried on or completed otherwise than in accordance with the
particulars on which such permission was based; or
(c)
is carried on or completed in contravention of any lawful order
or in breach of any provision contained in the Act or these rules,
or bye law made there under or any direction or requisition lawfully
given or made; or
(d)
about which any alteration or addition required by any notice issued
by the Secretary under these rules, is not duly made: or
(c)
about which a direction, if any, given by the Secretary under these
rules is not complied with,
be liable, on conviction by competent court, to a fine which may
extend, in the case of building to ten thousand rupees and in the
case of a well or hut to one thousand rupees and to a further fine
which may extend in the case of a building to one thousand rupees
and in the case of a well or hut to two hundred and fifty rupees
for each day during which the offence is continued:
Provided
that if any construction or reconstruction of a building or digging
of a well unlawfully carried out by a person has been regularized
by the Secretary, he shall not be punished.
(2)
Where any building, erected in violation of any standard or condition
or direction lawfully issued under the provisions of the Act or
these rules, becomes a threat to public safety or to human life,
the owner or builder of such building shall on conviction by a competent
court, be punishable with imprisonment which may extent to one year.
(3)
The Secretary may take prosecution proceedings under sub rule (1)
or sub-rule (2).
160. Appeal.- (1) Any person aggrieved
by an order passed by the Secretary may submit an appeal to the
Tribunal for Local Self Government institutions constituted under
section 271 S of the Kerala Panchayat Raj Act, 1994.
(2)
Without prejudice to the provisions contained in the Act, an appeal
may be filed against any order,-
(i)
approving or disapproving building site;
(ii)
granting or refusing permit to execute work;
(iii)
confirming, modifying or canceling the notice requiring alteration
of work;
(iv)
confirming the provisional order requiring demolition of building
or part thereof or filling up of well;
(v) regularizing
construction or reconstruction or alteration of building
or digging of well erection of telecommunication tower or pole
structure, conversion or erection of shutter or door, conversion
of roof, etc. or rejecting such regularization; and
(vi)
stopping erection of building or execution of work.
(vii)
passed or action taken by the Secretary under these rules;
(viii)
issued on the basis of the decision of the Special Committee;
(ix)
passed by the Chief Town Planner or the District Town Planner.
161. Removal of doubts, etc.-
The
Government shall have power, if any doubt arises with regard to
the interpretation or otherwise of any provision or if any difficulty
arises in the implementation of any provision, to clarify the doubt
or to issue necessary direction for removing the difficulty.
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