Panchayat:Repo18/vol1-page0850

THE KERALA PANCHAYAT BUILDING (REGULARISATION OF UNAUTHORISED CONSTRUCTION) RULES, 2014

S. R. O. No. 519/2014- In exercise of the powers conferred by section 254 read with section 235AB of the Kerala Panchayat Raj Act, 1994 (Act 13 of 1994) and in supersession of the Kerala Building (Regularisation of Unauthorised Construction) Rules, 2010 issued under notification as G.O. (Ms.) No. 185/2010/LSGD dated 21st August, 2010 and published as S.R.O. No. 847/ 2010 in the Kerala Gazette Extraordinary No. 1955 dated the 21st August, 2010 so far as it relates the Grama Panchayats, the Government of Kerala hereby make the following rules, namely:-

RULES

1. Short title, commencement and applicability.-

(1) These Rules may be called the Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2014.

(2) These rules shall come into force at once. (3) These rules shall apply to unauthorised constructions carried out on before the 31st day of March, 2013 in any Grama Panchayat area in the state.

2. Definitions.-

(1) In these rules, unless the context otherwise requires,--

(a) "Act" means the Panchayat Raj Act, 1994 (Act 13 of 1994);

(b) "Building Rules" means the Kerala Panchayat Building Rules, 2011 as on the 31st of day of March 2013;

(c) "Fair value of land" means fair value of land fixed under section 28A of the Kerala Stamp Act, 1959 (Act 17 of 1959) pertaining to the plot in which the unauthorised construction considered for regularisation under these rules is situated;

(d) "Licensee" means the Architect, Building Designer, Engineer, Town Planner, Supervisor etc. registered under Chapter XXIII of the Building Rules, who can certify and perform functions and assume responsibilities, as provided in Appendix Land rule 154 of the Building Rules;

(e) "Secretary" means the Secretary of the Grama Panchayat concerned;

(f) "Structural Engineer" means a Civil Engineer with Post Graduate Degree in Structural Engineering with minimum five years experience in structural design and supervision;

(g) "Town Planner" means the Town Planner or the Senior Town Planner of the Department of Town and Country Planning having jurisdiction over the District concerned;

(h) "Town Planning Act” means the Town Planning Act, 1108 ME and/or the MadrasTown Planning Act, 1920 and/or the Travancore Town and Country Planning Act 1120 ME as the case may be, .

(i) “Town Planning Scheme" means any Town Planning Scheme prepared under the Town Planning Act(s) in force;

(j) "Unauthorised Construction" means any construction or reconstruction as explained under Section 235 AB of the Act and which was carried out or completed on or before the 31st day of March, 2013 and which the Secretary has no power to regularise under Section 235W of the Kerala Panchayat Raj Act, 1994 and Chapter XXII of the Building Rules.

(2) Words and expressions used and not defined in these rules, but defined in the Act or the Building Rules shall have the same meaning assigned to them in the Act or the Building Rules.