The Kerala Panchayat Raj (Removal of encroachment and imposition and recovery of penalty for unauthorised occupation) Rules, 1996

 1. Short title and commencement

  1. These rules may be called the Kerala Panchayat Raj (Removal of encroachment and imposition and recovery of penalty for unauthorised occupation) Rules, 1996.
  2. They shall come into force at once.

. Definitions. — In these rules, unless the context otherwise requires, —

    1.  'Act' means the Kerala Panchayat Raj Act, 1994 (13 of 1994);
    2.  'Panchayat' means a Village Panchayat constituted under clause (a) of sub-section (1) of Section 4 of the Act;
    3.  'President' means the President of a Village Panchayat;
    4.  'Secretary' means the Secretary of a Village Panchayat;
    5.  'Section' means a section of the Act;
    6.  the words and expressions used and not defined in these rules, but defined in the Act shall have the meanings respectively assigned to them in the Act.

3. Prohibition of and penalty for unauthorised occupation of lands vested in or belonging to Panchayat. — (1) No person shall occupy and land belonging to or vested in a Panchayat without the permission of the Panchayat or not in accordance with the Act or the rules made thereunder or except in accordance with the terms and conditions of the licence issued by the Panchayat.

(2) Whoever occupies any land belonging to or vested in a Panchayat contrary to the provisions of sub-rule (1) shall be liable to be evicted from such unauthorised occupation and shall, in addition to the expenses thereof, be liable to pay to the Panchayat a fine not exceeding five hundred rupees as may be imposed by the Panchayat.

* Published in Kerala Gazette (Extra) No. 45, as No. 20488/N1/2000/LSGD dt. 13-11-2001.

(3)
Any person unauthorisedly occupying any land belonging to or vested in a Panchayat and liable to pay a fine under sub-rule (2) shall, in addition, be liable to pay such sum as may be fixed by the Panchayat as compensation for the loss or damage caused to the Panchayat by such unauthorised Occupation.
(4)
Before making a demand under sub-rule (2) or sub-rule (3) notice shall be issued to the unauthorised occupant and in such notice, it shall be required to file objection, if any, against the recovery of the amount under sub-rule (2) or sub-rule (3) within fifteen days after the receipt of the notice.
(5)
After detailed examination of the objection to the notice mentioned under sub-rule (4) by the Panchayat, if it appears that the objection is not satisfactory, the Secretary shall reject the objections and issue a demand notice to the unauthorised occupant with direction to remit the amount to the Panchayat within fifteen days on receipt of intimation of the rejection.
(6)
If any amount payable under sub-rule (2) or sub-rule (3) is refused or defaulted to pay within the period specified in the notice under sub-rule (5) such amount may be recovered from the defaulter in the same manner as if it was a tax due to the Panchayat.
      1. Eviction of unauthorised occupants. — The Panchayat shall have absolute authority to evict unauthorised occupants from the land belonging to or vested with the Panchayat, besides the procedure provided under sub-rules (2) to (6) of Rule 3. On such eviction if any building, crops or other products, raised on the land unauthorisedly occupied by the occupant that shall be forfeited to the Panchayat and the unauthorised occupant shall have no right over them.

         

      2. Procedure for eviction. — (1) The Panchayat shall serve fifteen days' notice to the occupant before evicting that person from the land belonging to or vested with the Panchayat. A brief description of land unauthorisedly occupied and the reason for eviction shall be specially mentioned in that notice,

         

(2)
The Panchayat shall examine the objection if any, received, to the notice mentioned under sub-rule (1). If it appears to the Panchayat that the objection is not satisfactory or the matters stated therein are unsustainable in law, a second notice shall be served to the occupant and he shall be required therein to vacate the unauthorisedly occupied land within one week after the receipt of the notice.
(3)
If the unauthorised occupant is not vacating even after the receipt of notice mentioned under sub-rule (2) the Panchayat may evict such person and if assistance of police is required for this purpose the assistance of police may be sought under sub-section (1) of Section 352 of the Act and the police shall provide assistance.
Explanatory Note

(This does not form part of the Notification, but is intended to indicate its general purport.)

Clause (xxix) of sub-section (2) of Section 254 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) empowers the Government to make Rules regarding the imposition and recovery of penalty for unauthorised occupation of any land or public pathway belonging to or vested in any Grama Panchayat and the recovery of compensation for any loss caused due to such occupation. The Government have decided to make such rules. This notification is intended to achieve the above object.