In exercise of the
powers conferred by Sections 60 and 112 of the Kerala Town and Country Planning
Ordinance, 2015 (6 of 2015), the Government of Kerala hereby make the following
Rules, namely: CHAPTER I : PRELIMINARY (1)
These
Rules may be called the Kerala Town and Country Planning (Development
Authorities) Rules, 2015. (2)
They
shall come into force at once. (3)
They
shall apply to all the Development Authorities in the State constituted under
the Ordinance. In these Rules, unless the context otherwise
requires,- (a)
"accounts"
means accounts maintained by the Authority; (b)
"advance"
means any sum sanctioned by the Authority as an advance to be recovered in such
manner as the Authority may decide; (c)
"Authority"
means a Development Authority constituted under section 51 of the Ordinance. (d)
"Authority
Area" means the area for which an Authority has been constituted; (e)
"Bank"
means a Nationalized Bank or a Scheduled Bank or a Co-operative Bank as
approved by the Authority; (f)
"Chairman"
means the Chairman of the Authority concerned; (g)
"Form"
means Form appended to these Rules; (h)
"finance"
means the receipts realized by the Authority from time to time; (i)
"member"
means a member of the Authority; (j)
"Ordinance"
means the Kerala Town and Country Planning Ordinance, 2015 (6 of 2015); (k)
"revolving
fund" means the fund established and maintained by the Authority for the
purpose of carrying out the powers and functions as assigned to the Authority; (l)
"Secretary"
means the Member Secretary of the Authority. CHAPTER II : DEVELOPMENT AUTHORITY,
AND THE TERMS AND CONDITIONS OF SERVICE OF CHAIRMAN AND MEMBERS (1)
The
strength of the General Council, excluding the Chairman, shall be twenty. (2)
The
Government shall, through notification in the Official Gazette, nominate
members by fixing the members as per the requirement of the Authority Area and
in conformity with Clause (e) of sub-section (1) of Section 54 of the Ordinance
from among the persons having adequate knowledge and experience in any of the
fields viz. urban development, town planning, administration, finance, social
service, co-operative sector or public affairs. (3)
The
General Council shall be a policy making body and shall exercise the following
powers, and perform following functions in conformity with the provisions of
the Ordinance, namely: (i)
matters
relating to the functions of the Authority as per section 56 of the Ordinance; (ii)
review
the functions of the executive committee; (iii)
approval
of the budget prepared by the Authority; (1)
The
strength of the Executive Committee shall be ten. (2)
The
Executive Committee shall be the executive body of the Authority and it shall
exercise the following powers and perform the following functions, in
conformity with the provisions of the Ordinance, namely: (i)
matters
relating to the establishment as provided under Chapter IV of the Rules. (ii)
planning
and Implementation of projects and schemes of the Authority in conformity with
Section 56 of the Ordinance, including approval or rejection of such projects
and schemes; (iii)
approval
or rejection of tenders for projects and schemes of the Authority: (iv)
investment
of surplus moneys of the Authority; (v)
institution,
conduct and withdrawal of any legal proceedings for and on behalf of the
Authority; (vi)
approval
of sale of land, sale or lease of built up spaces; (vii)
without
prejudice to the provisions of the Ordinance, the powers delegated or the
functions or duties imposed, from time to time, on the Executive Committee by
the Authority. (1)
The
Government shall appoint a Chairman for each Authority who shall have
experience in matters related to urban development. (2)
Subject
to the provisions of the Ordinance, the Chairman shall hold office for a period
of three years. (3)
The
Chairman shall be entitled for a monthly honorarium fixed by the Government
from time to time. (1)
A
non-official member of an Authority shall be entitled for, (a)
daily
Allowance at the rate of five hundred rupees per day for attending a meeting of
the Authority; and (b)
travelling
allowance at such rates as admissible to a grade-I officer of the State
Government in the case of members not residing within eight kilometres from the
place of meeting. CHAPTER III : MEETINGS OF THE
AUTHORITIES (1)
The
General Council and Executive Committee shall meet from time to time and make
such arrangements with respect to the place, day, hour, notice, management and
adjournment of the meetings or the Authority as they may think fit, subject to
the following conditions, namely: (a)
The
meeting of General Council shall be convened by the Secretary at least once in
every four months in consultation with the Chairman and the agenda for the
meeting shall be served at least five days before the date of meeting; (b)
an
ordinary meeting of the Executive Committee shall be convened by the Secretary
at least once in every month in consultation with the Chairman, and the agenda
for the meeting shall be served to the members at least three days before the
date of meeting. (c)
the
Chairman may whenever he thinks fit or upon the written request of not less
than five members, direct the Secretary to call a special meeting with a notice
of not less than two days: Provided that no business other than what is
contained in the request by the members shall be transacted at the special
meeting called by the Chairman upon such written request; (d)
no
business shall be transacted at any meeting unless at least one-third of the
number of members then in office are present; (e)
every
meeting shall be presided over by the Chairman, and in his absence a member
nominated by him or in the absence of both, a member chosen by the meeting to
preside over; (f)
all
issues at any meeting shall be decided by a majority of the members present and
voting at the meeting and in every case of equality of votes, the person
presiding over shall have the right to exercise a second or casting vote; (g)
if
a poll is demanded, the names of the members voting and the nature of their
votes shall be recorded by the person presiding over; (h)
minutes
of the proceedings at each meeting, together with the names of the members
present, shall be recorded in a book to be maintained for the purpose and shall
be signed by the Secretary and the person presiding. If any member has, directly or indirectly any
beneficial interest in any land situated in an area comprised in any
improvement scheme framed by the Authority or in an area in which it is
proposed to acquire land for any of the purposes of the Authority, (a)
he
shall, before taking part in proceedings at a meeting of the Authority, inform
the person presiding at the meeting of the nature of such interest; (b)
he
shall not vote in any meeting of the Authority upon any resolution or question
relating to such land; and (c)
he
shall not take part in any proceedings relating to such area at a meeting of
the Authority, if the person presiding over the meeting considers it expedient
to do so. The Government may create posts of such
officers and staff in the Authority as per the request of the Authority and the
appointment shall be made by the Authority. (1)
The
Authority shall obtain prior approval of the Government for travel outside
India, of its Chairman, Secretary, other members and employees for purposes of
the Authority. (2)
In
the case of travel outside the State but within India, the person concerned
shall obtain the approval of the Authority. (1)
The
Secretary shall prepare and place before the Authority a schedule of
establishment before the 1st day of May, of every year, showing the number,
designation and grade of the officers and subordinates (other than the
employees who are paid on contract basis or on daily wages) who, in his opinion
constitute the establishment for the Authority and embodying his proposals with
regard to salaries, fees and allowances payable to them. (2)
The
Authority may either approve or amend such schedule as it thinks fit. (1)
Subject
to the provisions of sub-rule (2) and to such restrictions as may be laid down
by the Government, the power of making appointments and promotions of the
officers and employees and of imposing any of the punishments mentioned in the
Kerala Civil Services (Classification, Control and Appeal) Rules, 1960 to any
of the officers or employees of the Authority for any breach of departmental
rules or discipline or for carelessness, unfitness, neglect or dereliction of
duty or other misconduct and of discharging any such officer or employee from
the services of the Authority on any other reason, shall be exercised by the
following authorities, namely: (a)
Secretary in the case of posts, the minimum of the
scale of pay of which does not exceed ` 20,740 (Rupees Twenty Thousand Seven
Hundred and Forty only) and the officers and employees holding such posts; (b)
Chairmanin
the case of posts, the minimum monthly basic pay of which exceeds ` 20,740
(Rupees Twenty Thousand Seven Hundred and Forty only), but does not exceed `
36,140 (Rupees Thirty Six Thousand One Hundred and Forty only) and the officers
and employees holding such posts; (c)
the
Authorityin the case of posts, the minimum monthly basic pay of which exceeds `
36,140 (Rupees Thirty Six Thousand One Hundred and Forty only) but the maximum
of which does not exceed ` 44,640 (Rupees Forty Four Thousand Six Hundred and
Forty only) and the officers and employees holding of such posts: Provided that the appointment and punishment
of the Chief Engineer of the Authority shall be made by the Authority with the
previous approval of Government: Provided further that the power to impose any
punishment on an officer or an employee of the Central Government or the State
Government or Local Self Government Institution shall be vested with that
authority which lent the services of the officer or employee, as the case may
be, and shall be exercised only by that authority which would have been
competent to do so, if his services had not been so lent, and the Secretary or
the Chairman or the Authority, as the case may be, shall have the right only to
make a recommendation in this behalf to such authority. (d)
the
Authority may appoint employees on contract basis based on the Orders and
guidelines issued by the Government from time to time for specific purposes and
the remuneration for such employees may be fixed by the Authority. (2)
An
officer or employee of the Authority, against whom an order has been passed
under sub-rule (1) imposing any punishment, may appeal against such order,
within two months from the date of receipt of the order by him, (a)
to
the Chairman, if the order has been passed by the Secretary; (b)
to
the Authority, if the order has been passed by the Chairman; and (c)
to
the Government, if the order has been passed by the Authority. (3)
The
Chairman may, pending enquiry, suspend any officer or servant of the Authority: Provided that in the case of officers or
employees borrowed by the Authority, he shall forthwith report the matter to
the authority concerned which is competent to inflict punishment on such
officers or employees. The Vigilance Division of the State
Government shall have jurisdiction in the matter of conducting investigation
and enquiries into allegations of corruption, misconduct, misuse of power and
other irregularities on the part of the officers and employees of the
Authority. The Finance Inspection (Works) Wing of the State Government shall
have jurisdiction to carry out investigation and enquiries into the works
undertaken by the Authority and also to inspect offices under the Authority. (1)
Promotion
for the posts declared as selection posts shall be made on grounds of
qualifications and merit, seniority being considered only where merit and
qualifications are approximately equal. Persons included in a select list shall
be ranked in the order of their seniority in the lower category. (2)
Promotions
to non-selection posts shall be made in accordance with strict seniority,
except where on account of his proved serious misconduct, it is considered
undesirable to promote the senior. (1)
The
qualifications and method of recruitment to the various categories of posts
under the Authority shall be as follows: (a) Planning Wing. The provisions of the Special Rules for the
Kerala Town and Country Planning Service, 2001 shall apply for the State
Service and the provisions of the Special Rules for the Kerala Town and Country
Planning Subordinate Service, 2000 shall apply to the Subordinate Service. (b) Engineering Wing. The provisions of the Kerala Local Self
Government Department Special Rules under the Engineering Services, 2007 and
the Special Rules for the Municipal Common Service (Engineering and Town
Planning Service) 2001 shall apply. (c) Ministerial Wing. For those appointed under the Secretariat
pattern, the provisions of the Kerala Secretariat Service Rules, and the Kerala
Secretariat Subordinate Service Rules, and for others the Kerala Municipal
Common Service (Ministerial and Revenue Branch) Qualifications and Method of
Appointment Rules, 2001 shall apply. (2)
No
person shall be appointed to a post under the Authority, if he does not possess
the qualifications fixed for that post under sub-rule (1). Subject to the instructions, conditions and
limitations expressly imposed by the Ordinance and these Rules, the executive
power for the purpose of carrying out the provisions of the Ordinance shall be
vested with the Secretary. The Secretary or the officers authorised by
him shall be responsible for the custody of all the records of the Authority
including all papers and documents connected with the proceedings of the
meetings of the Authority and Committees thereto The pay and allowances of the Secretary shall
be as may be fixed by the Government from time to time. He shall be paid from
the funds of the Authority and contribution towards his leave salary and
pension to the extent required shall be credited monthly to the State Fund by
the Authority. Leave may be granted to the Secretary by the
Government and when such leave is sanctioned, the Government may nominate any
officer of the Authority to hold charge of the office of the Secretary or
appoint a substitute. The Secretary shall exercise supervision and
control over the acts and proceedings of all the officers and employees of the
Authority, subject to such Rules and Orders as may be in force at that time and
shall dispose of all questions relating to the services of the said employees and
their salaries, allowances and privileges. Leave may be granted to the officers and
staff of the establishment of the Authority by the Secretary. Save as otherwise provided in these Rules,
the provisions of the Kerala Service Rules, the Kerala Civil Service
(Classification, Control and Appeal) Rules, 1960, the Kerala Government
Servants Conduct Rules, 1960, and the Kerala Government Servants Application
for Posts (Private Employment and Government Service) Rules, 1958 and
subsequent amendments shall, mutatis mutandis, apply to the officers and
employees of the Authority: Provided that the powers assigned to the Government
and the Heads of the Departments under the above Rules shall be exercised by
the Authority and the Secretary, respectively. CHAPTER V : FINANCE
(GENERAL) (1)
The
Authority shall have and maintain its own fund to which the following shall be
credited, namely: (a)
all
moneys received by the Authority from the Government by way of grants, loans,
advances or otherwise; (b)
all
moneys borrowed by the Authority from sources other than the Government by way
of loans, advances under Section 110 of the Ordinance; (c)
all
moneys and charges received by the Authority under the Ordinance and the Rules
framed thereunder, including the contribution from Municipal Councils under
subsection (2) of Section 99 of the Ordinance, at half per cent of the total
sum of money credited during the preceding year; (d)
all
moneys received by the Authority by way of rents, deposits, funds generated
from implementation of Land Pooling Schemes and profits or in any other manner
or from any other source; (2)
The
Authority may keep in current account in any bank approved by the Authority in
this behalf or in the Government Treasury Savings Account such money as may be
decided by the Authority, from time to time, and any money in excess thereof
shall be invested in securities and fixed deposits. (3)
All
deposits and investments shall be made by the Secretary on behalf of the
Authority, and the Secretary may, at any time, withdraw any deposit so made or
dispose of any securities and redeposit or reinvest the money so withdrawn or
the proceeds of the disposal of such securities. (4)
All
money transactions relating to the Authority shall, immediately and without any
reservation, be brought to account in the books of the Authority and all moneys
received other than moneys withdrawn from the treasury or bank to meet current
expenditure shall, without delay, be paid in full into the treasury or bank and
credited to the appropriate account and shall not be utilized to meet current
expenditure. (5)
The
Government may make such grants, advances and loans to the Authority as the
Government may deem necessary for the performance of the functions of the
Authority and all grants, loans and advances made shall be in such terms and
conditions as the Government may determine. The Authority shall maintain a
Register of Grants in Form I and Register of Loans and Advances in Form II. (6)
The
Authority may receive advances from the applicants for allotment of land or
built-up space. The Authority shall maintain a Register of Application,
Allotment of Land and Built-up spaces in Form III. (1)
The
Secretary shall, at a special meeting to be held in the month of February in
each year, lay before the Authority an estimate of the income and expenditure
of the Authority for the ensuing year in Form IV and in detail in Form V. (2)
Every
estimate under sub-rule (1) shall, (a)
make
provision for the due fulfillment of all the liabilities of the Authority and
for the efficient administration of the Authority; and (b)
be
printed and a copy of thereof be sent to each member at least ten clear days
before the date of the meeting at which the estimate is to be laid before the
Authority. (c)
the
Authority shall keep 2% of the revenue receipt as closing balance. The Authority shall consider every estimate
laid before it under Rule 24 and approve the same without or with such
alterations, as it may think fit. (1)
Every
estimate approved by the Authority under Rule 25 shall be submitted to the
Government. (2)
Prior
approval of the Government must be obtained for the estimates, in case there is
an element of deficit which is proposed to be made up by obtaining funds from
the Government. (1)
The
Authority may at any time during the year for which any estimate has been
approved, cause a supplementary estimate to be prepared and laid before it at a
special meeting. (2)
The
provisions of Rules 24, 25 and 26 shall apply to every supplementary estimate. No expenditure, (a)
not
covered by any provision in the approved budget estimate; or (b)
likely
to cause excess over the amount provided under any head, shall be incurred
without provision being made by re-appropriation from some other head under
which savings are ascertained or anticipated or from surplus over the statutory
closing balance: Provided that the Chairman may, in case of
emergency, incur inevitable expenditure but he shall make a report to the
Authority at its next meeting together with an application for re-appropriation
of funds. All applications for re-appropriation of
funds shall be made in Form VI with a detailed explanation for the expenditure
incurred. (1)
The
Authority shall submit two copies of its budget estimates to the Accountant General
and to the Auditor every year. One copy of the re-appropriation statement shall
also be furnished. (2)
A
copy each of the budget estimate shall be sent by the Secretary to every Local
Self Government Institution within the region. No sum shall be expended by or on behalf of
the Authority unless the expenditure of the same is covered by a current budget
grant or can be met by re-appropriation. The purpose, to which the Authority's fund
may be utilised, include all objects connected with the responsibilities of the
Authority under the Ordinance and the Rules made thereunder and everything
incidental to the administration thereof. The cash balance on hand shall be deposited
within 2 working days in the Bank or the Treasury in which the Authority is
having accounts and the deposit and withdrawal of money out of the cash balance
shall be made by the Secretary or an officer authorised by him in this behalf. (1)
All
petty expenses not exceeding five thousand rupees shall be made out of the
permanent advance. The Secretary shall have a permanent advance of ten thousand
rupees to meet petty expenses. An imprest register in Form VII shall be
maintained to note the transactions relating to the amount. (2)
When
a payment is to be made from the permanent advance, a payment order shall be
made by the officer holding the advance on the vouchers relating to the charge. (3)
The
permanent advance shall be reimbursed in a contingent bill drawn by the
Secretary in his favour. (1)
Subject
to budget provision and availability of funds, expenditure may be incurred on
any single work or schemes for carrying out any of the purposes of the
Ordinance, (i)
by
the Secretary, in case such expenditure does not exceed rupees five lakhs; (ii)
by
the Chairman, in case the expenditure exceeds rupees five lakhs but does not
exceed rupees twenty-five lakhs; (iii)
by
the Authority in case the expenditure exceed rupees twenty five lakhs but does
not exceed rupees one crore; (iv)
by
the Government if the expenditure exceeds rupees one crore. (2)
Every
item of expenditure shall be drawn in a bill. The bills shall be in the forms
laid down for the respective charge in the Financial and Account Codes in force
in Government Departments. The Authority or the Chairman or the
Secretary may accord administrative sanction to estimates for incurring
expenditure on any work or scheme for carrying out any of the purposes of the
Ordinance subject to restrictions and conditions imposed on the Authority or
the Chairman or the Secretary, as the case may be, under Rule 35. The Authority may determine either generally
for any class of cases or especially for any particular case whether the
Secretary shall execute work by contract of otherwise. (1)
Every
contract entered into by the Secretary or by any other officer authorised in
this behalf shall be in such manner and in such forms as would bind him, if it
were made on his own behalf and may in like manner and form be varied or
discharged: Provided that prior approval of Government
shall be obtained before entering into agreements involving foreign
collaborations: Provided further that every contract for the
execution of any work or the supply of any materials or goods which involve an
expenditure exceeding ` 25,000 shall be in writing and shall be sealed with the
common seal of the Authority. (2)
The
common seal of the Authority shall remain in the custody of the Secretary or
any other officer authorised in this behalf and shall not be affixed to any
contract or other instrument except in the presence of the Secretary or such
authorized officer and the Secretary or any other Officer authorized in this
behalf shall sign every contract or instrument for and on behalf of the
Authority. (3)
The
agreement shall be got executed in the forms prescribed in the Kerala Financial
Code and the Public Works Department Code as the case may be, for the supply of
materials and goods and for execution of works. (4)
No
contract executed otherwise than as provided, in these Rules shall be binding
on the Authority. (1)
No
works shall be commenced until a detailed estimate is prepared and technical
and administrative sanction accorded by the authority competent to give such
sanction under these Rules: Provided that the detailed estimate and
technical sanction may be dispensed with in the case of petty construction,
reconstruction and maintenance of which the estimated cost, in each case, does
not exceed ` 25,000: Provided further that the Secretary may in
case of emergency direct the execution of any work or doing of any act which
would ordinarily require the sanction of the Authority and the immediate
execution or going of which, in his opinion, is necessary for the services of
the public which shall be placed before the Authority for ratification. (2)
Layouts,
Architectural drawings, Building Plans etc. shall ordinarily be prepared by or
under the supervision of the Head of the Planning Wing of the Authority. (3)
Structural
designs and Estimates for the works shall ordinarily be prepared by or under
the supervision of the Head of the Engineering Wing. (4)
In
special cases, if the circumstances so require, the Authority may entrust the
preparation of plans including layout, architectural drawing, structural
designs and estimates to competent practising Engineer or Architect or Town
Planner or any other competent consultant. The remuneration for such Engineer,
Town Planner or Architect shall, in any case, not exceed rates for such works
applicable to the State Public Works Department: Provided that, if such remuneration exceeds
the rates applicable under sub-rule (4) herein above, the same shall be fixed
by the Authority with the prior approval of the Government. (5)
The
Authority may, by special resolution, specify the officers and the financial
limits, within which each of such officers may accord administrative or
technical sanction to the plans and estimates (1)
The
Head of Engineering wing of the Authority shall invite sealed tenders or
e-tenders for every contract for execution of works in the form prescribed in
the Public Works Department Code except in the case of following works, namely: (i)
works
of which the estimated cost does not exceed ` 25,000 and works of very urgent
nature taken up for execution under Rule 43; and (ii)
works
which are proposed to be entrusted for execution to beneficiaries and voluntary
organizations, in which case the contract amount shall not exceed the estimated
amount. (2)
In
the case of works falling under Clause (i) of sub-rule (1), Head of Engineering
Wing of the Authority or an Officer authorized by the Secretary may arrange for
their execution through contractors on the basis of quotations or
departmentally and in exceptional cases, after negotiations with contractors. The publication of tenders shall be in
accordance with the State PWD norms in force. The acceptance of tenders shall be in
accordance with the State PWD norms in force. The Authority may determine as to whether the
works shall be executed generally for any class of cases or specially for any
particular case by the Head of the Engineering Wing of the Authority through
contract or otherwise. (1)
The
Authority may take up projects under different modes of Projects Under Public
Private Partnership. Conceptualisation of such projects, conduct of feasibility
study, preparation of Draft Project Reports, invitation of expression of
interest selection of concessionaire and execution of agreement shall be done
by or under the supervision of the Head of the Planning Wing of the Authority.
Where the projects involve substantial investment, the services of a competent
consultant may be sought for the execution of the projects. The execution of
such projects shall be under the supervision of the Engineering Wing of the
Authority. (2)
The
projects taken up under Projects Under Public Private Partnership, before
proceeding with the execution of the projects, the terms and conditions,
concession/lease agreement shall be placed before the General Council and got
approved by it. The publication of tenders shall be in
accordance with the Store Purchase Manual in force: Provided also that the invitation of
quotations may be dispensed within the following cases, namely: (a)
supply
of materials and goods of which the price as fixed by the Government by under
rule or order in force; (b)
supply
of materials and goods by a firm which has subsisting rate contract with
Government or the Director General of Supplies and Disposals, New Delhi, for
supply of such materials and goods at the rate so fixed. (c)
supply
of materials and goods of standard specifications of which the manufacture or
sale is undertaken exclusively by a firm of standing and the supply is required
from such firm. (d)
the
purchase of vehicles or any other item for the Authority under DGS & D
rates. (1)
No
land shall be acquired for purposes other than for the performance of the
functions stipulated under Section 56 of the Ordinance. (2)
In
the case of Government lands transferred to the Authority, the Authority shall
utilize the land as per the terms and conditions of the transfer as laid down
in the Government order. (1)
The
Authority may retain or may lease, sell, exchange or otherwise dispose of any
land vested in it or acquired by it: Provided that the Authority shall obtain the
prior approval of Government for the sale, lease, exchange, mortgage or
disposal of the whole or substantially the whole of any particular undertaking
of the Authority. (2)
The
Authority shall maintain a register of immovable property in Form XXIII of the
Kerala Financial Code, Volume II for all the property vested in it or acquired
by it. (1)
The
Secretary shall cause to be maintained Cash Book in Form VIII, Register of
receipts in Form IX, Ledger for Receipts and Payments in Form X, Journal for
Adjustments in Form XI, Abstract of Monthly Accounts in Form XII, Abstract of
Annual Accounts in Form XIII, Detailed Monthly Accounts in Form XIV and
Detailed Annual Accounts in Form XV, Advances Recovery Register in Form XVI,
Register of stores, tools, plants etc. in Form XVII. Register of Sinking Funds
in Form XVIII and Schedule of Establishment in Form XIX. (2)
The
accounts for each month shall be closed not later than the 15th of the
following month: Provided that the accounts for the month of
March and for the whole year may be completed not later than the 31st of May,
following. The Secretary shall prepare for each month
the abstract of monthly accounts in Form XII and place it before the Authority
at the first meeting held after the accounts are ready. One copy of the
abstracts of monthly accounts shall be forwarded to the Auditor after approval
of the accounts by the Authority, on or before the last day of the following
month. (1)
At
the close of each financial year, annual accounts shall be prepared in Form No.
XV (2)
The
annual accounts shall show (a)
the
amount at the credit of the Authority at the end of each financial year in
Treasury or Bank as per the Pass Books; (b)
a
statement of investment made; (c)
a
statement showing the outstanding debts of the Authority indicating, (i)
list
of loans; (ii)
distribution
of outstanding debt. (1)
All
the interest bearing deposits shall be pledged in favour of the Secretary. (2)
Security
deposits whether made in cash or in the form of interest bearing securities,
shall be covered by a bond or agreement and shall be recorded in the Register
of Cash Deposits or the Register of Security Deposits, as the case may be. (3)
The
Register of Cash Deposits shall be in the Form XX and the Register of Security
Deposits shall be in the Form XXI. Without special order of the Secretary or the
officer authorised by him, no security deposit shall be repaid or retransferred
to the depositor or otherwise disposed of, except in accordance with the terms
of the agreement or bond. The cash deposits shall be noted in the
Register of Cash Deposits opened and maintained for the purpose in Form XX. In the accounts of March each year, the
following classes of items in the Registers relating to deposits shall be credited
to the funds of the Authority as lapsed deposits, namely: (a)
original
deposits not exceeding one rupee in each individual case remaining outstanding
for any year; (b)
balance
not exceeding one rupee of items partly cleared during any year; (c)
balance
unclaimed for more than three complete years. (1)
Deposits
treated as lapsed or forfeited under the provisions of an agreement or bond
shall not be refunded without the sanction of the Authority (2)
Every
refund shall be made in Form XXII. Details of all investments from the funds of
the Authority, including fixed deposits with a bank, shall be entered in a
Register of Investments to be maintained in Form XXIII. The register shall be
reviewed by the Secretary early in April and early in October every year. In order to enable a check to be kept on the
value and number of postage stamps expended upon the business of the Authority,
a Register of Stamps shall be maintained in Form XXIV in which the receipts and
issues of stamps shall be recorded as they occur. At the close of each day, the
balance of stamps shall be verified and a certificate of verification shall be
recorded in the register, by an officer authorised by the Secretary in this
behalf. (1)
All
dues which are found to be irrecoverable and which are proposed to be written
off shall be reported to the Authority by the Secretary and sanction of the
Authority shall be obtained to write off them: Provided that the Secretary shall have powers
to write off losses not exceeding rupees one thousand without the sanction of
the Authority and the Authority shall have powers to write off losses exceeding
one thousand but not exceeding rupees one lakh. (2)
In
all cases where the value to be written off exceeds rupees one lakh, orders of
the Government shall be obtained. (3)
A
Register of written off cases shall be maintained in Form XXV. CHAPTER VI : AUDIT OF THE ACCOUNTS OF
THE AUTHORITY (1)
The
accounts of the Authority shall be subjected to audit as per Section 100 of the
Ordinance: Provided that the Accountant General of
Kerala may also audit accounts from time to time and as and when considered
necessary by the Government. It shall be the duty of the Authority to cure
any defect or irregularity that may be pointed out by the Auditor. (1)
The
Chairman may, without prejudice to the provision of the Ordinance, in
exigencies, by general or special order in writing, delegate to any member or
any officer of the Authority, any of his powers, duties or functions vested
under these Rules: Provided that such exercise or discharge, by
any member or officer, of any powers, duties or functions delegated to him
under sub-rule (1), shall be subject to such restrictions, conditions and
limitations, as may be laid down by the Chairman and shall also be subject to
his control and revision, (2)
The
Secretary may, without prejudice to the provisions of the Ordinance, in
exigencies by general or special order in writing, delegate to any officer of
the Authority any of his powers, duties or functions under these Rules: Provided that such exercise or discharge by
any officer of any powers, duties or functions delegated to him under sub-rule
(2) shall be subject to such restrictions, conditions and limitations, as may
be laid down by the Secretary and shall also be subject to his control and
revision. (1)
The
Member Secretary may, (a)
initiate
or rescind, proceedings against any person who commits (i)
any
offence against the Ordinance, the Rules, Bye-laws, Schemes or Regulations; (ii)
any
offence which affects or is likely to affect any property or interest of the
Authority or the due administration of the Ordinance; and (iii)
any
nuisance whatsoever. (b)
compound
any offence against the Rules, Bye-laws, Schemes or Regulations; (c)
initiate
or rescind or compromise proceedings for the recovery of expenses or
compensation claimed to be due to the Authority; (d)
rescind
or compromise any claim against any person in respect of a penalty payable under
a contract entered into with such person by the Secretary or any other officer
of the Authority; (e)
defend
any suit or other legal proceedings brought against the Authority, officer or
servant in respect of anything done or omitted to be done in its or his official
capacity; (f)
compromise
any claim, suit or legal proceedings brought against the Authority or against
any officer or servant in respect of anything done or omitted as aforesaid; (g)
institute
and conduct any suit or withdraw or compromise any suit or claim which has been
instituted or made in the name of the Authority or any officer thereof; (h)
obtain
such legal advice and assistance as may, from time to time, think necessary or
expedient for the lawful exercise or discharge of any power or duty vested in
or imposed upon the Authority or Officer or employee of the Authority, (2)
the
Authority may appoint suitable persons or firms as standing counsels for the
purpose of performing duties as prescribed in the sub-rule (1). Every notice or bill, if required by the
Ordinance or any Rules or Regulations to bear the signature of the Chairman,
Secretary or any officer, shall be deemed to be properly signed, if it bears
facsimile of the signature of the Chairman, Secretary or such officer, as the
case may be, stamped thereon. (1)
When
a notice or other document is required by the Ordinance or any Rules made
thereunder, to be served on or sent to a person the services or sending thereof
may be effected, (a)
by
giving or tendering the said document to such person or; (b)
if
such person is not found, by leaving such document, at his last known place of
abode or business or by giving or tendering the same to his agent or some adult
member of his family; or (c)
if
such person's address elsewhere is known to the Secretary, by sending the same
to him by registered post; or (d)
if
any of the means aforesaid are not available, by affixing the same in some
conspicuous part of such place of his abode or business. (2)
When
the person is an owner or occupier of any building or land, it shall not be
necessary to name the owner or occupier in the document, and in the case of
joint owners or occupiers it shall be sufficient to serve it on or send it to
one of such owners or occupiers. (1)
In
case the Authority constituted under this Ordinance ceases to function or wound
up by the Government, the assets and liabilities of such wound up Authority
shall be transferred to the local bodies concerned within the jurisdiction of
the wound up Authority. (2)
The
technical staff of the wound up Authority shall be merged with the LSGD
Engineering Services. If there is no Planning Wing in the LSGD Engineering
Service, a separate Planning Wing shall be created to accommodate the Planning
Staff of the wound up Authorities. (3)
The
ministerial staff of the wound-up Authorities shall be merged with the
Municipal Common Service. In case posts corresponding to that of the
ministerial staff of the Authorities are not available in the services
concerned, they shall be accommodated in posts having pay scales just below the
scale of pay protecting their current pay. In the case of the pensioners of the
wound up Authorities, payment of pension benefit shall be borne by the
Government. KERALA TOWN AND COUNTRY PLANNING
(DEVELOPMENT AUTHORITIES) RULES, 2015
PREAMBLE