section 198
Penalty for building within. strest alignment or building line without
The Kerala State Housing Board Act 1971Chapter X GONSTITU I'TON OF TRIBUNAL AND ITS FUNCTIONS :
=. pemission—If any person; without the permission of the Board erects,
re-ereets: dds ‘to or alters any wall or building $0 as to make the same
project irito'the street alignmeny or beyond the building line prescribed by
. any deferved street scheme, devilopment scheme or town expansion scheme, he shall ‘be. punishable— 5 3
- (a) - withfine which may extend, in the case of a wallor masonry building, to five hundred rupees and in any other case, to filty rupees, and ; (b) with further fine which may extend, in the case of 4 wall or . masonry building, to one hundred rupees and, in any other case, 10 len rupees, for each’ day after the fist during which the projection continues. 129. Penalty for fuiliire to comply wit requisition wade by Auditor, 18 any
» pemon-fails to comply with say requisition made by the auditor under
section, 121, he shall be punishable—
i (2) with fine ‘which may extend to one hundred rupees, und
- (b) in the ase ola containing failure, with fine witch ray ost _ to fifty rupees for each day after the fst during which the failure continnes 130, Penalty for obstructing contractor or removing mark Il any person—
- (a) obstructs or molests any person with whom the Chair or the officer authorised under section 33 lias entered into a contract on behall of the Board, in the performance or execution by such person af his duty or of anything which he is empowered or required ‘to do by virtue or in cou- sequence of this Act or any rule or regulation made thereunder ; or 3741580/2019/0S-HOUSING
- (b) removes any mark set up for the purpose of indicating any level or direction necessary for the execution of works authorised by this Actor any rule or regulation made or scheme sanctioned thereunder, he shall be punishable with fine which may extend to two hundred rupees. hee : 131. Penalty for breach of the provisions of the Act, elc.~—~Whoever: con- g travenes any of the provisions of this Act or of any rule or regulation made or scheme sanctioned thereunder shall, if no other penalty is provided: for such contravention, be punishable— ’ rg
- (a) with [inc which may cxtend to one hundred rupees, and 7 Tk, SAY
- (b) in the case of a continuing contravention, “with fine which hay + 7 extend fo fifty rupecs for each day after the first, during which’ the contravention continues. . 8 132. Comprsation lo he paid by offenders for damage caused by them—(1) When any person is convicted of any offence under this Act or any rule or regulation made thereunder, the Magistrate convicting such person may, on application made in this behalf by the Board or by its officer or subordinate wuthorived by it in this behalf, call upon such person. forthwith f to show case as (0 why he should not pay compensation to the Board for a the dunage caused by his act or omission HS respect of . which ho'is convicted. pr | y : A
- (2) The Magistrate shall record and consider any cause, whicli such 2 person may show and if the Magistrate, after Todking such inquiry as he may think fit, is satisfied that such’ person is lipble'to pay compensation, : may direct that compensation of such amount, not exceeding one thousand | i rupees, as he may determine, ‘be paid by such Person to, the Board. i
- (3) The amount of compensation directed ty be: paid under sub-séction : (2), shall, if it be not paid forthwith, be Foverad as if it were a fing imposed by the Magistrate on such person. (i ORR pe 133. Punishment for acquiring share or “interest ins contract, etc., with’ the Fi Board,—If any member, or any officer or subordihate fof the Board acquires, +» directly or indirectly, by himself or by any ‘partner, employétior “i employee, otherwise than as such member, officdr orisubordinate, any share. | fib or interest inany contract or employment witll, by or on behalf ofthe »if I § Board (not boing a share or intérest which, ‘unidel seation 7, 16k pormidghle jaran for a member to have without being thereby disqualified for being appginted © 17 a member) he shall be deeined to have’ committed thy offénce made puttisha i [1 1 able by section 168 of the Indian Penal Code. (Clentral Act 45.of 1860011 ¢ i Hi 134. Procedure.—(1) No court shall take cognizalice of any offence fin punishable under. this’ Act or'-any rule lor regulation made theveuhdér “7 5 op wless complaint of such offence is made within six;months. next-aftetithe "*]0, commission thercof. EE RR hg
- (2) No court inferior to that of ‘a Magistrate off the first class shall'try © | any offence punishable under this’ Act, ¥ nt fi En | *3741580/2019/0S-HOUSING : Ce i 7 135. Duty of Police Qfficers.—It shall be tlic duly of-every. police offiget— .. q (a) to co-operate with the Secretary for carsying into effect and. cnforeing the provisions of this Act or any rule made therounder j ©, - el i (b) to communicate without delay to the proper.officer or subordinate. ;* i of the Board any information which he receives of a design tp. commit or. of i; pd the commission of any offence against this Act or any-rule made thereunder; © ~ and i ; 2k Vie 7 Sad (¢) to assist the Secretary or any officer or subordinate of the Boavd 5 reasonably demas ding his aid for the. Tawful - exercise of any. powoeyr vesting we in the Secretary or in such oflicer or subordinate under this Act. or any rule ~ made thereunder, 3 HR 2 136. drrest of offendersi—-(1) Any police: officor not below: the rank oft Blite : head constable may arrest any person whd commits in his presence uiiy | N offence against this Act or any rule or regulition made thereundoty if (he! 4 naz ¢ or address of such person be unknown to him, ‘and if*such * person on 2 Le { demand declines to give his name or addrent bis [gives a name or “address i which such officer has reason to’ believe to bel false, a RE bg (2) No person so arrested shall be: dethived in oustody: “after big duos) fi name and address are ascertained, or for any lotige time thaivis heaskar iki #0 for bringing him before a’ Magistrate, Inino dase shall such detent potal f wenty-fow hows from the time of arrest without the order of a Maglsteater: iii: ; 87. Powers of Sucretary ‘as to-thstitution: colposlion’ ete, of lngal frocegdiigs ; and obtaining legal advice ~The Secretary may, subject to the'contrbliof: the i: 7 Board,— A i i i i Vo snl A ¢ (a) institute, defend’ or withdraw froth logal proceedings wider this” i Act or any rules or regulations made thereuntler | Se RAR Ae | (b) rompotnd any offence against: this| Act or any rules or efapo ifihees : made thereunder which,” under ay law: fox the time: being:it); force, brian hid ie fi rule preseribed By the Government,” may{lawhully} be, compounded J; P< i § (¢) admit; lcomprosise ‘of withdrat, ny: lain made yndoyithiseAst Jit or any rules or regulations shade thereunder lands ©" Hh Sie Ray ol (d) obtain puch icgal advice.and \assisthrice] ashe JER ET tit i time, tliink it necassary or expediont to lobtai, offas ey betenixeibul didlini Board to obtain, for afty of the purpoie eich cdito; im the Hhigealbged abe fh 3 of this section, or for scduring the Inwlul exerdiso or discharge ofiany; powet. (| : or duty vested in or-imposed pon the Board pr asty officer ox bubprdinatd 1:
of the Board, ! {3 RIA Ws MD es
i talk | $ 4 Ven GRATE FREE HE 188. Protection|of action taken in‘good.fiithieh-Nojsuic, prosdoutionia othes. 111 legal proceeding shall lie against the: Goverrimet, ‘thio* Dose or pri ond; ial mittee thereof or any difger or:servant of tht] Government orany- offiody dit il i subordinate.of thelBoaxd for, anything whichids i good ‘faith: dofio:on fife {151 ded to be done in purshande bf this'Act or'*hny irult of cosplay md ior
- • thereunder. |e PE EEE s4/66l/B. | sR : ; 3741580/2019/0S-HOUSING : 50
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