Bare ActsKerala Municipality Act, 1994

Section 515

Penalty for unlawful building.

Amendment status not verified — confirm the current text below against the official source.

[(1) Where the construction or reconstruction of any building or digging of any 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 this Act or in any rule or bye-law made thereunder or of any direction or requisition lawfully given or made; or (d) about which any, alteration or addition required by any notice issued under section 395 or section 405 is not duly made; or (e) about which any person to whom a direction if any, given by the Secretary under section 406 fails to obey such direction, the owner of the building or the well or such person, as the case may be, shall be liable, on conviction to a fine which may extend, in the case of a 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 continued. [Provided that the unlawful construction, reconstruction or digging of well carried out by a person may be regularised under sub-section (1) of Section 406 and he shall not be punished if so regularised by the Secretary.]; [(2) Where any building constructed in violation of any stipulation as to the Standards or conditions mentioned in the provisions of this Act or the rules made thereunder or any lawful directions issued, poses threat to public safety danger to human life, the owner or builder of such building shall, on conviction, be punishable with imprisonment for a term which may extend up to one year.] 60A[(3) In the case of issue of self-certification by the empanelled licensee for the construction or reconstruction of low risk buildings, if the Registering Authority finds that the empanelled licensee issued the self-certification to such building in violation of the provisions of this Act or the rules made thereunder or any lawful directions issued, or provisions of any Act for the time being in force, or concealing any fact, such registering authority may debar the empanelled licensee from practising in the State for a period of not less than five years, and after issuing a show cause notice to such licensee, a fine as provided in sub-section (4) may be realised from such licensee. (4) Where a building is constructed or reconstructed in violation of the provisions specified in the self-certification, an amount of rupees two lakh each for building with built-up area up to one hundred square meters, four lakh rupees each for building with built-up area up to two hundred square meters, six lakh rupees each for building with built-up area up to three hundred square meters, shall be realised as fine from such owner and empanelled licensee who have issued such self-certification after giving a show cause notice and considering the reply, if any, furnished by such owner or licensee. (5) A person who is aggrieved by the actions taken or the orders issued by the Registering Authority, may file an appeal before the Government against such order or action within thirty days from the date of receipt of the order under sub-section (3).] Section 515 renumbered as sub-section (1) of that section by Act 14 of 1999, w.e.f. 24/03/1999. Substituted for "five thousand rupees, five hundred rupees, one hundred rupees, ten rupees" respectively by Act 14 of 1999, w.e.f. 24/03/1999. Proviso added by Act 14 of 1999, w.e.f. 24/03/1999. Sub-section (2) added by Act 14 of 1999, w.e.f. 24/03/1999. Inserted by Act 12 of 2021. (w.e.f.12/02/2021).

Section 515 – Kerala Municipality Act, 1994 | DailyLaw.ai