VIGILANCE, DANGEROUS AND DEFECTIVE WORKS, APPEAL, ETC.

(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 for building permit received during the period. iii. details of application 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 reports, 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 Secretary concerned 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 endangers 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 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 thereunder 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 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 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) 

(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 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 sit; (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 demolishing of building or part thereof or filling up of well; (v) Regularizing construction or reconstruction or alternation of building or digging of well or rejecting such regularization; and (vi) Stopping erection of building or execution of work. 

(161) Interpretation 

If any doubt arises with regard to the interpretation or otherwise of any provision in these rules, the decision of the Government thereon shall be final.