Panchayat:Repo18/Law Manual Page0596

THE KERALA PANCHAYAT RAJ (REMOVAL OF ENCROACHMENT AND IMPOSITION AND RECOVERY OF PENALTY FOR UNAUTHORISED OCCUPATION) RULES, 1996

S. R. O. No. 633/96.— In exercise of the powers conferred by Clause (xxix) of sub-section (2) of Section 254 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) the Government of Kerala hereby make the following rules, namely:

RULES

1 Short title and commencement.-

(1) These rules may be called the Kerala Panchayat Raj (Removal of encroachment and imposition and recovery of penalty for unauthorised occupation) Rules, 1996.

(2) They shall come into force at once. 2. Definitions. In these rules, unless the context otherwise requires,(a) 'Act' means the Kerala Panchayat Raj Act, 1994 (13 of 1994);

(b) 'Panchayat' means a Village Panchayat constituted under Clause (a) of sub-section (1) of Section 4 of the Act;

(c) 'President' means the President of a Village Panchayat; (d) 'Secretary' means the Secretary of a Village Panchayat; (e) 'Section' means a section of the Act;

(f) the words and expressions used and not defined in these rules, but defined in the Act shall have the meanings respectively assigned to them in the Act. = 1021

3. Prohibition of and penalty for unauthorised occupation of lands vested in or belonging to Panchayat.—

(1) No person shall occupy and land belonging to or vested in a Panchayat without the permission of the Panchayat or not in accordance with the Act or the rules made thereunder or except in accordance with the terms and conditions of the licence issued by the Panchayat.

(2) Whoever occupies any land belonging to or vested in a Panchayal contrary lo the provisions of sub-rule (1) shall be liable to be evicted from such unauthorised occupation and shall, in addition to the expenses thereof, be liable to pay to the Panchayat a fine '[not exceeding one thousand rupees) as may be imposed by the Panchayat.

(3) Any person unauthorisedly occupying any land belonging to or vested in a Panchayat and liable to pay a fine under sub-rule (2) shall, in addition, be liable to pay such sum as may be fixed by the Panchayat as compensation for the loss or damage caused to the Panchayat by such unauthorised Occupation.

(4) Before making a demand under sub-rule (2) or sub-rule (3) notice shall be issued to the unauthorised occupant and in such notice, it shall be required to file objection, if any, against the * Published in Kerala Gazette (Extra) No. 45, as No. 20488/N1/2000/LSGD dt. 13-11-2001.