Section 7 in Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2018
7. Duties, responsibilities and liabilities.
(1)The owner and the licensee shall be equally responsible for the conformity of the drawings to actual constructions made in the site and the details therein.(2)It shall be the responsibility of the owner and the licensee concerned, who has issued the Structural Stability Certificate as per the provisions contained in these rules, to ensure the structural stability of the building. However, in the case of high-rise buildings, telecommunication towers and building if any above which such telecommunication tower is erected, the owner and the structural engineer who had issued the structural stability certificate as per these rules shall be responsible for the structural stability of such building(s)/constructions.(3)The licensee including Architects, Building Designers, Engineers, Town Planners, Supervisors etc. registered under Chapter XXIII of the Building Rules, who violates the functions and responsibilities entrusted on him/her shall also be liable to action as prescribed in sub-rules(7) and (8) of rule 144 of the Building Rules, and the Licensees/Structural Engineers who certify the plan with wrong information shall be blacklisted all over Kerala. If convinced that the Licensee has violated any rule or furnish false information, his registration will be suspended or canceled or he may be disqualified from future registration based on the gravity of the violation on a case to case basis. In the case of Architects, action shall be recommended against the Architect to the Council of Architecture in accordance to the Architects (Professional Conduct) Regulations, 1989. The details of such licensee including photograph shall be published in the website of the concerned Grama Panchayat, Department of Town and Country Planning and Local Self Government Department.(4)If the applicant fails to remit the specified compounding fee and or fails to comply with the conditions on or before the date specified in the regularisation order, such order issued by the Committee shall cease to operate from the next day of the said date.(5)In cases, where the unauthorised construction is considered to be regularised by the Committee, if the Secretary has furnished a compounding fee in Form 1-B not in conformity to Appendix 1, the Secretary shall be liable for furnishing false information. The appropriate authority shall take action against Government Servants as per the Service rules applicable to them, who manipulate, prepare and furnish false reports intentionally against the spirit of these rules.(6)The compounding fee remitted, shall not be refunded under any circumstances.
