Section 6 in Kerala Panchayat Building (Regularisation of Unauthorised Construction) Rules, 2018
6. Procedure for disposal of application.
(1)In the case of applications other than those cited in sub-rule(3) of rule 3, the Secretary shall, verify the application, inspect or cause to inspect the location, site and the buildings and after detailed verification and scrutiny, prepare a detailed report, in Form 1B appended to these rules, in duplicate, incorporating compounding fee (Appendix I), in the case if the unauthorised construction is regularised, duly sign and make a certification, as provided therein. The Secretary shall scrutinize the application on first-in first-out basis.(2)If the application received is in order, the Secretary shall forward the following documents to the Town Planner within sixty days from the date of receipt of the application.(i)One copy of Forms 1-A and 1-B duly filled up in all respects with office seal affixed in all pages;(ii)Two sets of drawings verified, duly signed and certified by the owner, licensee, structural engineer as the case may be. The verified drawings shall be signed by the Secretary or any designated person authorized by the Secretary in this behalf.(3)The other documents received along with the application shall be kept in the office after due verification(4)On scrutiny of application for regularization, if it is found that the unauthorised construction(s) does not conform to the following provisions, the Secretary shall reject the application citing the reason for rejection.(i)Section 220b of the Kerala Panchayat Raj Act, 1994 (20 of 1994;(ii)Town Planning Scheme, if any for that area sanctioned under the Town Planning Act;(iii)The Ancient Monuments and Archaeological Sites and Remains Act, 1958 (Act 24 of 1958) and the rules made there under;(iv)The Kerala Conservation of Paddy and Wet land Act 2008,(v)The Coastal Zone Regulations notified by the Ministry of Environment and Forests, Government of India;(vi)The Real Estate (Regulation and Development) Act, 2016,(vii)The Aircraft Act, 1934 (Act 22 of 1934)(viii)Any other law, including rule, byelaw, notification etc. made under such laws and any similar Acts(ix)Safety and security provisions in the Building Rules laid out in Appendix II to these rules;(x)if the unauthorized construction is carried out in any land which is acquired for road widening or public land(xi)If the land has no title deed.(5)The Secretary shall reject the application within sixty days to the applicant, if they are not in order and or not duly filled up or signed or certified, or violating the provisions of the Acts and rules mentioned in sub- rule 4 of these rules, citing reasons for rejection(6)The Town Planner shall consider the duly filled up Forms and the drawings forwarded by the Secretary and prepare technical recommendations in FORM 1-C. The Town Planner may, if necessary, inspect or cause to inspect the location and/or site and/or the building(7)The Town Planner may reject and return the Forms and the drawings to the Secretary, if they are not in order and or not duly filled up or signed or certified, citing reasons for non-acceptance.(8)The Town Planner shall place the following within sixty days from the date of receipt, if they are in order, before a Committee constituted by Government.(i)Forms 1-A, 1-B and 1-C duly filled up and signed in all respects;(ii)Drawings forwarded by the Secretary and signed and certified by the Town Planner to the effect that 'the technical recommendation made has reference to this drawings:(9)Government may issue orders constituting a Committee with the following members for considering applications for regularization of unauthorized constructions(i)The District Town Planner(ii)The Deputy Director of Panchayats(iii)The Secretary of the Local Self Government Institutions concerned.(10)The Committee shall be convened by the District Town Planner. The Committee shall consider the duly filled up forms and the drawings placed by the District Town Planner and considering the merit of the application, may issue orders according sanction to the Secretary for regularisation with or without conditions and approve the plans or reject the application for regularisation and forward the same to the Secretary concerned along with a copy of the drawing approved or rejected by the Committee. A copy of the orders of the Committee shall be forwarded to the applicant also. Any order according sanction for regularisation shall specify,-(i)the name of applicant, survey number/resurvey number of the plot/land with the name of villages, occupancy of the buildings, total floor area, number of floors in each buildings;(ii)conditions, if any, under which sanction for regularisation is granted;(iii)period within which the conditions, if any, stipulated for regularisation is to be complied with;(iv)the amount of compounding fee to be remitted in the Government Treasury;(v)the Head of Account and the period within which the compounding fee is to be remitted in the Government Treasury;(11)Once the orders according sanction for regularisation with or without conditions or rejecting the same are received by the Secretary, the Secretary shall intimate the applicant accordingly on each application, with copy of the said order. If sanction is accorded to regularise the unauthorised construction, Secretary shall intimate the applicant to comply the conditions, if any in the orders.(12)The Secretary shall also in his intimation inform the applicant to submit all concurrences/approvals required as per Building Rules from various Central or State Government Departments and agencies such as Fire and Rescue Service Department,State Level Environment Impact Assessment Authority, Ministry of Environment and Forests of Government of India, Coastal Zone Management Authority,Airports Authority, Railway Authorities, Defence Authorities, the Kerala State Pollution Control Board, District Collector, Chief Electrical Inspector, Department of Town and Country Planning etc, and check conformity to any law or rules, bye-laws, notifications etc. made under such law(s) other than the Act wherever applicable.(13)The applicant, after complying the directions in the intimation of the Secretary, shall in writing inform the Secretary about the compliance and submit an indemnity bond as in Appendix III.(14)The Secretary on receipt of such letter from the applicant shall verify the compliance in all respects and if complied, Secretary shall then direct the applicant to remit the compounding fee as stipulated in the orders of the Committee according sanction to the Secretary for regularisation. Once the applicant intimates the Secretary with proof of the remittance of compounding fee, Secretary shall issue final orders for regularisation in Appendix VII and copy of the said order shall be sent to the applicant.(15)The Secretary shall also publish the list of such orders issued in the office notice board every month and in the official website of the Grama Panchayat concerned, which shall include the number and date of the orders issued, together with the name of the applicant, survey/resurvey number(s) and name of village and taluk pertaining to the plot, violations and whether the construction was regularized or not regularised; or regularized with conditions.(16)The details of the Licensees/Structural Engineers, Architects etc., including photographs, who have been involved in the design, supervision and construction of the building under regularization will also be made available in the website along with the details of the building so regularized/rejected.(17)The Secretary shall maintain a register of all treasury remittances towards compounding fee and shall forward quarterly reports thereon to the Government through the Director of Panchayats(18)The Secretary shall also maintain a permanent register of all unauthorised buildings/constructions regularised under these rules, containing details such as name and address of the applicant, survey/resurvey numbers and name of village, occupancy, number of storeys, floor area of each floor, Name of Licensee and Structural Engineer, violation of rules regularised, number and date of the sanction order by the Committee constituted by Government, amount of compounding fee remitted with challan receipt particulars, conditions, if any, stipulated in the order and action taken there on.
