The Kerala Single Dwelling Place Protection Act, 2025
Chapter VIII MISCELLANEOUS
Chapter VIII MISCELLANEOUS
26. Administrative Department of the Act
Administrative Department of the Act.—The Planning and Economic Affairs Department shall be the administrative department for the implementation of this Act.
Chapter VIII MISCELLANEOUS
27. Power of the Government to give direction
Power of the Government to give direction.—For the purpose of this Act, the Government shall have the power to give general or special directions, from time to time, to be followed by the District Level Dwelling Place Protection Committee and the State Level Dwelling Place Protection Committee.
Chapter VIII MISCELLANEOUS
28. The Act shall not be derogatory to the proceedings under other laws
The Act shall not be derogatory to the proceedings under other laws.—The provisions of this Act shall not in any way adversely affect the right of financial institution to initiate actions under any law for the time being in force and shall not be derogatory but supplementary to other laws.
Chapter VIII MISCELLANEOUS
29. Power of civil court
Power of civil court.—(1) For the purpose of any inquiry under this Act, the District Level Dwelling Place Protection Committee, the State Level Dwelling Place Protection Committee and the appellate authority shall have the same powers as vested in a civil court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) in respect of the following matters, namely:—
- (a) enforcing the attendance of any person or examining him on oath;
- (b) requiring the discovery and production of documents to be produced in evidence;
- (c) receiving evidence on affidavit;
- (d) engaging commission for the examination of witnesses.
- (2) Every proceeding before the District Level Dwelling Place Protection Committee, the State Level Dwelling Place Protection Committee and the appellate authority shall be deemed to be a judicial proceeding within the meaning of sections 229 and 267 of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023) and such authorities shall be deemed to be a civil court for the purposes of section 215 and Chapter XXVIII of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Central Act 46 of 2023).
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30. Protection of action taken in good faith
Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall lie against the Government or any officers or employees of the Government, the Chairperson or members, officers or employees of the District Level Dwelling Place Protection Committee or the State Level Dwelling Place Protection Committee in respect of anything which is done or intended to be done in good faith under this Act or the rules made thereunder.
Chapter VIII MISCELLANEOUS
31. Power to remove difficulties
Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by a general or special order, published in the gazette, make provisions not inconsistent with the provisions of this Act which appears to it to be necessary or expedient for the purposes of removing such difficulty: Provided that no such order shall be made after the expiry of two years from the date of commencement of this Act.
- (2) Any order made under sub-section
- (1) shall, as soon as may be after it is made, be laid before the Legislative Assembly.
Chapter VIII MISCELLANEOUS
32. Power to make rules
Power to make rules.—(1) The Government may, by notification, make rules either prospectively or retrospectively, for carrying out the provisions of this Act.
- (2) Every rule 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 successive sessions, and, if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule 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 the rule.
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