Panchayat:Repo18/Law Manual Page0826: Difference between revisions
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144. Responsibilities and functions of registered Architects, etc.- (1) Plans and drawings shall be prepared strictly in conformity with the provisions contained in the Act and the rules and any direction issued by Government or Panchayat and a certificate to that effect shall be recorded and signed in the plans and drawings. | 144. Responsibilities and functions of registered Architects, etc.- (1) Plans and drawings shall be prepared strictly in conformity with the provisions contained in the Act and the rules and any direction issued by Government or Panchayat and a certificate to that effect shall be recorded and signed in the plans and drawings. | ||
(2) A certificate of verification of site shall be recorded and signed in the site plan. | (2) A certificate of verification of site shall be recorded and signed in the site plan. | ||
(3) Plans and drawings shall be prepared only after inspecting the site and getting convinced of the boundaries. | (3) Plans and drawings shall be prepared only after inspecting the site and getting convinced of the boundaries. | ||
(4) The person issuing the certificate or affixing signature on the plan, drawing or specification shall be responsible for the correctness or truthfulness of the recording in the certificate or plan, drawings or specifications. | (4) The person issuing the certificate or affixing signature on the plan, drawing or specification shall be responsible for the correctness or truthfulness of the recording in the certificate or plan, drawings or specifications. | ||
(5) Function shall be restricted to the category on which registration is obtained. | (5) Function shall be restricted to the category on which registration is obtained. | ||
(6) Any person violating the rules under this chapter shall be liable to action under sub-rules (7) and (8) | (6) Any person violating the rules under this chapter shall be liable to action under sub-rules (7) and (8) | ||
(7) The Registering Authority or the Secretary of the panchayat may, on complaint by any person or on report from any Panchayat or suo moto take action against any person registered, for violating any of the provisions under these rules. | (7) The Registering Authority or the Secretary of the panchayat may, on complaint by any person or on report from any Panchayat or suo moto take action against any person registered, for violating any of the provisions under these rules. | ||
(8) The Registering Authority may, if convinced on enquiry that the person against whom action has been taken under sub-rule (7) has violated any rule, provision or issued false certificate or recorded false information, suspend the registration for a period not exceeding three years or cancel the registration or disqualify him for future registration "[and the matter may be published in the website of the Government/Department): | (8) The Registering Authority may, if convinced on enquiry that the person against whom action has been taken under sub-rule (7) has violated any rule, provision or issued false certificate or recorded false information, suspend the registration for a period not exceeding three years or cancel the registration or disqualify him for future registration "[and the matter may be published in the website of the Government/Department): | ||
Provided that before finalizing the decision, the person concerned shall be given sufficient opportunity to explain and the explanation, if any, submitted shall be duly considered by the Registering Authority. | Provided that before finalizing the decision, the person concerned shall be given sufficient opportunity to explain and the explanation, if any, submitted shall be duly considered by the Registering Authority. | ||
(9) Any person aggrieved by the decision of the Registering Authority under sub-rule (8) may appeal to Government within 30 days from the date of receipt of the decision. | (9) Any person aggrieved by the decision of the Registering Authority under sub-rule (8) may appeal to Government within 30 days from the date of receipt of the decision. | ||
(10) The appeal shall be submitted in white paper stating the reasons thereof, typed or written in ink, affixed with necessary court fee stamp, along with copy of the order of Registering Authority. | |||
(11) Government shall dispose of the appeal within 60 days, after hearing the appellant in person or by authorised representative. | (11) Government shall dispose of the appeal within 60 days, after hearing the appellant in person or by authorised representative. | ||
CHAPTER XXIV | CHAPTER XXIV | ||
ART AND HERITAGE COMMISSION 145. Constitution of Art and Heritage Commission.— The Art and Heritage Commission constituted under Rule 154 of Kerala Municipality Building Rules 1999 shall have jurisdiction over all panchayats. | |||
146. Functions of the Commission.— (1) Functions of the Commission shall be,(i) to identify areas of heritage and monuments to be preserved; (ii) to identify areas of architectural importance and buildings to be preserved; | ART AND HERITAGE COMMISSION | ||
145. Constitution of Art and Heritage Commission.— The Art and Heritage Commission constituted under Rule 154 of Kerala Municipality Building Rules 1999 shall have jurisdiction over all panchayats. | |||
146. Functions of the Commission.— (1) Functions of the Commission shall be, | |||
(i) to identify areas of heritage and monuments to be preserved; | |||
(ii) to identify areas of architectural importance and buildings to be preserved; | |||
(iii) to identify places or streets where a particular form of or group of architectural forms of buildings alone may be permitted and to prepare model plans, elevations etc; for that place or street; | (iii) to identify places or streets where a particular form of or group of architectural forms of buildings alone may be permitted and to prepare model plans, elevations etc; for that place or street; | ||
(iv) to examine architectural features in respect of any building or parts thereof or their aesthetic vis-a-vis the existing structures in a particular area or street; | (iv) to examine architectural features in respect of any building or parts thereof or their aesthetic vis-a-vis the existing structures in a particular area or street; | ||
(v) to advise Government or Panchayat on any subject mentioned above and referred to it; and 11. Inserted by S.R.O. No. 26/2014, w.e.f. 13-1-2014. | (v) to advise Government or Panchayat on any subject mentioned above and referred to it; and 11. Inserted by S.R.O. No. 26/2014, w.e.f. 13-1-2014. | ||
Revision as of 05:05, 25 January 2019
144. Responsibilities and functions of registered Architects, etc.- (1) Plans and drawings shall be prepared strictly in conformity with the provisions contained in the Act and the rules and any direction issued by Government or Panchayat and a certificate to that effect shall be recorded and signed in the plans and drawings.
(2) A certificate of verification of site shall be recorded and signed in the site plan.
(3) Plans and drawings shall be prepared only after inspecting the site and getting convinced of the boundaries.
(4) The person issuing the certificate or affixing signature on the plan, drawing or specification shall be responsible for the correctness or truthfulness of the recording in the certificate or plan, drawings or specifications.
(5) Function shall be restricted to the category on which registration is obtained.
(6) Any person violating the rules under this chapter shall be liable to action under sub-rules (7) and (8)
(7) The Registering Authority or the Secretary of the panchayat may, on complaint by any person or on report from any Panchayat or suo moto take action against any person registered, for violating any of the provisions under these rules.
(8) The Registering Authority may, if convinced on enquiry that the person against whom action has been taken under sub-rule (7) has violated any rule, provision or issued false certificate or recorded false information, suspend the registration for a period not exceeding three years or cancel the registration or disqualify him for future registration "[and the matter may be published in the website of the Government/Department):
Provided that before finalizing the decision, the person concerned shall be given sufficient opportunity to explain and the explanation, if any, submitted shall be duly considered by the Registering Authority.
(9) Any person aggrieved by the decision of the Registering Authority under sub-rule (8) may appeal to Government within 30 days from the date of receipt of the decision.
(10) The appeal shall be submitted in white paper stating the reasons thereof, typed or written in ink, affixed with necessary court fee stamp, along with copy of the order of Registering Authority.
(11) Government shall dispose of the appeal within 60 days, after hearing the appellant in person or by authorised representative.
CHAPTER XXIV
ART AND HERITAGE COMMISSION 145. Constitution of Art and Heritage Commission.— The Art and Heritage Commission constituted under Rule 154 of Kerala Municipality Building Rules 1999 shall have jurisdiction over all panchayats.
146. Functions of the Commission.— (1) Functions of the Commission shall be, (i) to identify areas of heritage and monuments to be preserved;
(ii) to identify areas of architectural importance and buildings to be preserved;
(iii) to identify places or streets where a particular form of or group of architectural forms of buildings alone may be permitted and to prepare model plans, elevations etc; for that place or street;
(iv) to examine architectural features in respect of any building or parts thereof or their aesthetic vis-a-vis the existing structures in a particular area or street;
(v) to advise Government or Panchayat on any subject mentioned above and referred to it; and 11. Inserted by S.R.O. No. 26/2014, w.e.f. 13-1-2014.