Panchayat:Repo18/Law Manual Page0828

(2) The Secretary shall have the power to condemn any work or material which in his opinion is unsatisfactory or is likely to constitute 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.

150. Penalty for unlawful building.- (1) The owner of a building or a person to whom notice is issued under these rules shall, where the construction or reconstruction of such building 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

(e) 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 regularised 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).

151. 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 271S 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 cancelling 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 or rejecting such regularisation; and

(vi) stopping erection of building or execution of work;

(vii) passed or action taken by the Secretary under these rules;

(viii) passed by the Chief Town Planner or District Town Planner.

152. Removal of doubts etc.— The Government shall have powers, 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.