Vidhi Codex

section 10

Power of Government to grant exemption

The Kerala Conservation of Paddy Land and Wetland Act, 2008
Environmental200835 sections
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Statutory text
  1. (1) Notwithstanding anything contained in section 3, the Government may grant exemption from the provisions of this Act, only if such conversion or reclamation is essential for any public purpose and shall notify in the Official Gazette.
  2. (2) The Government may grant such exemption after considering the report of the State Level Committee, if in its opinion, such conversion or reclamation will not adversely affect the cultivation of paddy in the adjoining paddy lands, if any, and free flow of water thereto: Provided that the Government shall ensure suitable water conservancy measures, as required, are adopted by the applicant within the extent for which exemption is granted: Provided further that, if the area of such parcel of land where the exemption is granted is more than 20.2 Ares, ten per cent of such land shall be set apart for water conservancy measures.
  3. (3) The decision of the Government shall clearly indicate the survey number and the extent of land in each survey number for which exemption is granted, the survey number and the extent of land in which water conservancy measures are to be adopted by the applicant and a sketch of such land indicating the aforementioned details shall be appended to the order.
  4. (4) The Government may, in case of non-receipt of report from the State Level Committee within the time specified in sub-section
  5. (3) of section 8, call for a report from such other authority as may be prescribed, and proceed to make an order in writing for grant or refusal of exemption.
  6. (5) The Government may either suo motu or on application from any aggrieved party cancel any order issued under this section if the conditions specified in the order of exemption are not complied by the applicant, either fully or partially and give direction to the District Collector to restore the said land to its original position under section 13 and District Collector shall be liable to do so after following such procedure as may be prescribed.
  7. (6) No order of cancellation under sub-section
  8. (5) shall be made by the Government unless the applicant thereof has been given an opportunity of being heard in the matter.

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