Chapter VII MISCELLANEOUS

No suit, prosecution or other legal

proceedings shall lie against the State Government or the Authority or any officer of the State Government or any member, officer or other employee of the Authority for anything which is done in good faith or intended to be done under this Act, rules or regulations made thereunder.

Every summons, notice, order or other document required by this Act or any rule or regulation made thereunder and all decisions of the Authority and permission given by it shall be authenticated by the signature of the Chief Executive Officer or any other officer authorised by the Authority in this behalf and shall be deemed to have been duly served upon the party or parties concerned if the service has been effected in anyone of the following manner, namely:— (i) by personal service; (ii) by registered post to the last known address of the person; (iii) in case of failure of service of such summons, notice, etc., under any mode mentioned in items (i) and (ii) above, by affixing it at the house or principal place of business of the party concerned, as the case may be; or (iv) in case of failure of service of such summons, notice, etc., under any mode mentioned in items (i) to (iii) above, by publication in one prominent Malayalam daily and one English daily newspaper having wide circulation in the locality: Provided that,— (a) in case the party to be served is a registered company, a partnership firm or a body corporate, a local authority, a society or other body, it shall be served upon the principal officer of the firm, company, authority or organisation and it shall then be deemed to have been duly served on each director, partner or member of such firm, company, authority or organisation, as the case may be; (b) in case the party to be served is a minor or a lunatic, it shall be served upon his guardian.

1. (i) by personal service;
2. (ii) by registered post to the last known address of the person;
3. (iii) in case of failure of service of such summons, notice, etc., under any mode mentioned in items (i) and (ii) above, by affixing it at the house or principal place of business of the party concerned, as the case may be; or
4. (iv) in case of failure of service of such summons, notice, etc., under any mode mentioned in items (i) to (iii) above, by publication in one prominent Malayalam daily and one English daily newspaper having wide circulation in the locality: Provided that,—

1. (a) in case the party to be served is a registered company, a partnership firm or a body corporate, a local authority, a society or other body, it shall be served upon the principal officer of the firm, company, authority or organisation and it shall then be deemed to have been duly served on each director, partner or member of such firm, company, authority or organisation, as the case may be;
2. (b) in case the party to be served is a minor or a lunatic, it shall be served upon his guardian.

Every public notice given under this Act shall be in writing under

the signature of the Chief Executive Officer and shall be published by affixing copies in the notice board of the Authority and shall be published in one prominent Malayalam daily and one English daily newspaper having wide circulation in the locality.

Save as otherwise provided in this

Act, rules or regulations made thereunder, where any summons, notice, order or other document issued under this Act or any rule or regulation made thereunder requires anything to be done, such summons, notice, order or other document shall specify a time not less than one week for doing the same.

Every member and every officer and

other employee of the Authority shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).

The Authority may, by notification in the Official Gazette,

delegate any power exercisable by it or any of its officers under this Act, except the power to make regulations.

(1) The provisions of this Act and the rules and regulations made thereunder shall have effect within the Urban Mobility Area.

1. (2) Notwithstanding anything contained in the Kerala Town and Country Planning Act, 2016 (9 of 2016), —
   • (i) the Chairperson shall be a member in the State Town and Country Planning Board constituted under section (3) of the said Act;
   • (ii) the Chief Executive Officer shall provide necessary technical support to the District Planning Committee in matters relating to the Comprehensive Mobility Plan while preparing Development Plan for the District under section 13 of the said Act.
2. (3) Development activities undertaken in an Urban Mobility Area in accordance with the provisions of this Act or the rules or regulations made thereunder shall not be deemed to be unlawfully undertaken by reason only that any permission, approval or sanction required under the provisions of any other law made by the State Legislature has not been obtained prior to such development.

Urban Mobility Area.—The Authority may demand the Government or any other authority including Local Self Government Institutions, to make provisions to exempt from the provisions of any other Act for the time being in force or any rules, regulations or bye-laws made by the Government or such other authority if such provisions are inconsistent with any provisions of this Act or any rules or regulations made thereunder, from its application within the Urban Mobility Area.

1. (1) No suit shall be filed against the Authority or any member or any of its officers or other employees or any person acting under the directions of the Authority or any member or any officer or other employee of the Authority in respect of any act purported to have been done in pursuance of this Act or any rule or regulation made thereunder till the expiration of two months from the date on which a notice in writing has been served on the Authority or such member or officer or employee or person and unless such notice states explicitly the nature of the cause of action, the relief sought, the amount of compensation claimed and the name and place of residence of the intending plaintiff and unless the plaint contains a statement that such notice has been served.
2. (2) Notwithstanding anything contained in any other law for the time being in force, no suit as described in sub-section (1) shall, unless it is a suit for recovery of immovable property or for a declaration of title thereto, be instituted after the expiry of six months from the date on which the cause of action arises.
3. (3) Nothing contained in sub-section (1) shall be deemed to apply to a suit in which the only relief claimed is an injunction of which the object would be defeated by giving of the notice or the postponement of the filing of the suit.

Any amount due to Authority under this Act or rules or

regulations made thereunder shall be recoverable as if an arrear of public revenue due on land.

1. (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
2. (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
   • (a) term of office and conditions of service of members under section 5;
   • (b) procedures for the resignation, removal or suspension of members under section 6;
   • (c) qualifications for the appointment, pay and conditions of service of Chief Executive Officer under section 8;
   • (d) procedures regarding the holding of joint meeting and quorum required for meeting;
   • (e) other duties and functions to be performed by the Authority under section 12;
   • (f) the form and contents of the plans as provided under section 13, the procedure to be followed in connection with the preparation, submission and approval of such plans and the form and the manner of publication of the notice relating to such plans;
   • (g) other powers of Authority under section 17;
   • (h) user fees or charges to be collected from the Urban Mobility Area under clause (d) of sub-section (2) of section 18 and manner and conditions of payment of amount to the Fund and the utilization of the amount from it under sub-section (3);
     • (i) the form, time limit and the number of copies of the budget to be prepared by the Authority under section 24;
   • (j) compounding fee and Form of receipt of the amount under section 33;
   • (k) any other matter which is required to be, or may be, prescribed under this Act.

The Authority may, with the approval of the State Government, by notification in the Official Gazette make regulations not inconsistent with the provisions of this Act and the rules made thereunder to carry out the provisions of this Act, and without prejudice to the generality of the foregoing power, such regulations may provide for,—

1. (a) procedure for general administration matters of the Authority and terms and conditions of appointment of officers, experts, professionals and supporting staff of the Authority under section 8;
2. (b) procedure for the meeting of the Authority under section 9;
3. (c) procedure to be followed by the committee constituted under section 10 and all other matters relating to the committee;
4. (d) salaries, allowances, gratuities and conditions of service of the officers and employees of the Authority and disciplinary matters relating to them;
5. (e) the procedure for entering into contracts and arrangements by the Authority under section 16;
6. (f) any other matter which is required to be, or may be, prescribed by regulations.

Every rule and regulation

made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in such rule or regulation or decides that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation, as the case may be.

1. (1) Without prejudice to the foregoing provisions of this Act, the Authority shall, in exercise of its powers or the performance of its functions under this Act, be bound by such directions on questions of policy, other than those relating to technical and administrative matters, as the State Government may give in writing to it from time to time.
2. (2) Where a dispute arises as to whether a question is one of policy or not under subsection (1) the decision of the State Government thereon shall be final.
3. (3) Where any dispute arises between the Authority and other authorities, local bodies, body corporate, Department or other agencies of the Government, the matter shall be resolved at the level of the State Government and the decision of the State Government thereon shall be final and the parties involved in such dispute are bound to comply with such decision: Provided that the State Government shall not pass an order in relation to any dispute under this section without affording the parties concerned, an opportunity of being heard.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make provisions not inconsistent with the provisions of this Act which appear to it to be necessary or expedient, for removing the difficulty: Provided that no such order shall be issued after the expiry of a period of two years from the date of commencement of this Act.
2. (2) Every order issued under this section shall, as soon as may be after it is made, be laid before the Legislative Assembly.