Bare ActsKerala Panchayat Raj Act, 1994

Section 235Z

Penalty for unlawfull construction of building

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

(1) Where the construction, re-construction or alteration of any building, (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 is 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 alteration or addition required by notice issued under section 235 N is not duly made; or (e) about which any person to whom a direction, given by the Secretary under Section 235W, fails to obey such direction; the owner of the building or such person, as the case may be, shall, on conviction be liable to a fine which may extend to rupees ten thousand in the case of a building and to rupees on thousand in the case of a hut and to a further fine of rupees one thousand in the case of a building and rupees ten in the case of a hut for each day of continued offence: Provided that the construction or reconstruction of the building may be regularised under Section 235W and if so regularised by the Secretary, no person shall be made liable for conviction under this sub-section. (2) Where the violation of any stipulation as to the standard or specification mentioned in any of the provisions of this Act or any rules made thereunder or any lawful directions in respect of the construction of a building poses threat to public safety or danger to human life, the owner or the builder of such building shall on conviction be punishable with imprisonment for a term which may extend up to one year. 75A[(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). Inserted by Act 11 of 2021. (w.e.f.12/02/2021).

Section 235Z – Kerala Panchayat Raj Act, 1994 | DailyLaw.ai