Panchayat:Repo18/Law Manual Page1121

guided by permitted Floor Area Ratio in addition to built-up space required for the amenity, in lieu of the cost of land and the built-up space for the amenity transferred to the Development Authority, Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned, as may be prescribed.

82. Development works by promoters.- Subject to the provisions of this Act and the rules made thereunder, a Development Authority, Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, for the purpose of implementing the proposals contained in a sanctioned Plan, may permit a private or joint sector promoter, to undertake or carry out a development work within the area of its jurisdiction as per the guidelines, if any, issued by the Government.

83. Levy of development charges.-(1) Subject to the provisions of this Act and the rules made thereunder, and with the previous sanction of the Government, a Development Authority, Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat may, by a notification published in the official Gazette, levy Development Charges,

(a) on the carrying out of any development of land or on any change of use of land or building for which permission is required under Chapter X;

(b) on any development necessitating provision or augmentation of infrastructure or other public amenity, and

(c) on the vacant land (the development charges being termed as 'Developed Vacant Land Cess'):

Provided that no development charges shall be leviable on any land vested in or under the control or possession of the Central Government, the State Government, Development Authority or any Local Self Government Institution. SE (2) The rates of development charges to be levied under subsection (1) and the manner of assessment and recovery shall be such as may be prescribed.

(3) The Government may, by rules, provide for exemption from the levy of development charges on any land, if it is to be exempted.

84. Appeals on the levy of development charges.— Any appeal relating to the levy, assessment or recovery of a development charge under this Act, shall lie to the Tribunal for Local Self Government Institutions constituted under Section 271 S of the Kerala Panchayat Raj Act, 1994 (13 of 1994).

85. Levy of user fee.-(1) In order to recover fully or partly the capital expenditure and the cost of maintenance of utilities, amenities, services or facilities provided by a Development Authority, Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, it may levy and collect a charge from the users thereof, to be called the user fee.

(2) The amount of user fee to be levied and the manner of assessment and collection shall be such as may be prescribed.

(3) The Development Authority, Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned may assign, on such terms and conditions, as may be agreed, the task of providing and maintaining utility, amenity, service or facility, within the area of its jurisdiction, to any person or agency including an association or body of individuals, whether corporate or not, and permit them to collect such user fee from such beneficiaries and subject to such terms and conditions as may be prescribed.