Panchayat:Repo18/Law Manual Page1126

(b) removes any mark set up for the purpose of indicating any level or direction necessary for the execution of works authorised under this Act, shall on conviction be punishable with imprisonment for a term which may extend to two months or with fine which may extend to five thousand rupees or with both.

104. Compounding of offences.-(1) Any person authorised in this behalf by general or special order by the commission or the District Planning Committee, or the Metropolitan Planning Committee or the Municipal Corporation, the Municipal Council, the Town Panchayat or the Village Panchayat concerned, may either before or after the institution of the proceedings, compound any offence made punishable by or under this Act.

(2) When an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded.

105. Trial of Offences.- No court inferior to that of a Magistrate of the First Class shall try an offence punishable under this Act.

106. Fine realised to be paid to the fund of the authority concerned.- All fines realised in connection with prosecution under this Act shall be paid to the fund of the Board, the District Planning Committee, the Metropolitan Planning Committee, the Development Authority, the Municipal Corporation, the Municipal Council, the Town Panchayat or the Village Panchayat, as the case may be, in the manner prescribed.

107. Jurisdiction of Civil Courts barred.- Save as otherwise expressly provided in this Act, every order passed or direction or notice issued by the Government or the Board, the Chief Town Planner, the District Planning Committee, the Metropolitan Planning Committee, the Municipal Corporation, the Municipal Council, the Town Panchayat or the Village Panchayat, as the case may be, under this Act shall be final. No Civil Court shall have jurisdiction to entertain any suit, legal proceedings challenging the legality or propriety of any order made or action taken under this Act.

108. Validation of acts and proceedings.- No act done or proceeding taken under this Act shall be questioned on the ground merely of the existence of any vacancy of a member in the Board, the District Planning Committee, the Metropolitan Planning Committee, the Development Authority, the Joint Planning Committee, the Municipal Corporation, the Municipal Council, the Town Panchayat, the Village Panchayat concerned or the Kerala Urban Art Commission.

109. Power to delegate.— (1) The Board or the District Planning Committee or the Metropolitan Planning Committee may, by a resolution, direct that any power exercisable by it under this Act or rules made thereunder may also be exercised by any Local Self Government Institution or by any officer of the Board, the District Planning Committee, the Metropolitan Planning Committee, the Government or the Development Authority or the Local Self Government Institution, as mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein.

(2) A Development Authority, Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat may by a resolution direct that any power exercisable by it under this Act, or rules made thereunder, except the power to prepare a master plan, Detailed Town Planning Scheme or land pooling scheme or to make regulations, may also be exercised by any of its officers or officers of the Government, in such cases and subject to such conditions, if any, as may be specified therein.

(3) The delegation of any power to an officer of the Government under sub-section (1) or subsection (2) shall not be made without prior sanction of the Government.