Panchayat:Repo18/Law Manual Page0763

Rule 22

21. Order of stoppage of building construction or works in certain cases.-(1) Where the erection of any building or the execution of any work has been commenced or is being carried on (but has not been completed) without obtaining the permission of the Secretary or in contravention of any decision of the Village Panchayat or any provision in the Act or these rules or bye laws made thereunder or any lawful direction or requisition given or made under the Act or these rules or bye laws made thereunder, the Secretary may without prejudice to any other action that may be taken under these rules, by order require the person at whose instance the building or the work has been commenced or is being carried on, to stop the same forthwith.

(2) Where the order under sub-rule (1) is not complied with, the Secretary may require any police officer to remove such person and all his assistants and workmen from the premises within such time as may be specified in the requisition, and such police officer shall comply with the requisition accordingly.

(3) After the requisition under sub-rule (2) has been complied with, the Secretary may, if he thinks fit, require in writing the assistance of a police officer or depute by a written order an officer or employee of the Village Panchayat to watch the premises in order to ensure that the erection of the building or the execution of the work is not continued and the cost thereof shall be paid by the person at whose instance such erection or execution was being continued or to whom notice under sub rule (1) was given, and shall be recovered from such person as arrears of tax due to the Panchayat under the Act.

22. Duties and responsibilities of the owner.-(1) The granting of the permit or the approval of the drawings and specifications or inspections made by the Secretary during the erection of the building shall not in any way relieve the owner of such building of the responsibility for carrying out the work in accordance with the requirement of these rules.

(2) Every owner shall:-

(a) permit the Secretary or any person authorised by the Secretary or by the Government for this purpose to enter the plot or building or premises at any time between 7 a.m. and 6 p.m. normally or at any other time as may be deemed necessary for the purpose of enforcing the rules;

(b) submit a proof of ownership of the plot;

(c) obtain from the Secretary, sanction for any other allied matter connected with the development or redevelopment of land or construction or reconstruction or addition or alteration of building;

(d) give notice to the Secretary of the intention to start work in the form in Appendix D;

(e) give written notice to the Secretary regarding completion of work in the form in Appendix E; and

(f) obtain a development certificate from the Secretary prior to any sale or transaction of the plot subdivision or building construction in developed or redeveloped plots as given in Appendix G or obtain an occupancy certificate from the secretary prior to any occupancy of the building or part thereof, after construction or reconstruction or addition or alteration of the building or part thereof, or change of occupancy of any building or part thereof as given in Appendix H.

(3) Every owner shall, as soon as any development or redevelopment of land or construction or reconstruction or addition or alteration of building is completed, remove all rubbish, refuse or debris of any description from the plot or plots on which such operations have been carried out or from any adjoining land which may have been used for depositing of materials and debris.

(4) Every owner shall keep in safe custody the permit, approved plans and drawings and specifications and results of tests, if any, on any material used for construction and produce before the Secretary or any officer authorised by him or Government for inspection on demand.