The Kerala Industrial Single Window Clearance Boards and Industrial Township Area Development Act, 1999
Chapter IV Supplementary and Miscellaneous Provisions
Chapter IV Supplementary and Miscellaneous Provisions
17. Applicability of the Kerala Buildings (Lease and Rent control) Act, 1965
(2 of 1965).—The Kerala Buildings (Lease and Rent Control) Act, 1965 (2 of 1965) shall not apply to any premises belonging to the Industrial Township Authority under section 15.
Chapter IV Supplementary and Miscellaneous Provisions
18. Overriding effect of the Act.
Upon any area being declared an industrial
area under the provisions of this Act, such area, as included in the master plan or the zonal development plan under the Town Planning Act (IV of 1108) or the Madras Town Planning Act, 1920 (Madras Act VII of 1920) or any other Act enacted by the Kerala State Legislature, shall, with effect from the date of such declaration be deemed to be excluded from any such plan.
Chapter IV Supplementary and Miscellaneous Provisions
19. Direction by Government.
The Government may from time to time issue
to the State Board or a District Board or an Industrial Area Board or an Industrial Township Authority such general or special directions of policy as they may deem
necessary or expedient for the purpose of carrying out the objects of this Act and the State Board or the District Board or the industrial area board, or the industrial township authority, as the case may be, shall be bound to follow and act upon such directions.
Chapter IV Supplementary and Miscellaneous Provisions
20. Returns and Inspection.
- (1) The industrial township authority shall furnish to the Government such reports, returns and other information as the Government may from time to time require.
- (2) Without prejudice to the provisions of sub-section (1) the Government or any officer authorised by the Government in that behalf, may call for reports, returns and other information from the industrial township authority in regard to the implementation of any Scheme.
- (3) Any person authorised by the Government or the officer referred to in sub-section (2) may enter into or upon any land with or without assistance of workman for ascertaining whether the provisions of the schemes are being or have been implemented, or whether the development is being or has been carried out in accordance with such scheme.
- (4) No such entry shall be made except between the hours of sun rise and sun set and without giving reasonable notice to the occupier or if there is no occupier, by the owner of the land or building.
Chapter IV Supplementary and Miscellaneous Provisions
21. Members and Officers to be Public Servants.
Every member and every
officer and other employee of the industrial township authority or the State Board, the District board or the Industrial Area Board shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
Chapter IV Supplementary and Miscellaneous Provisions
22. Protection of Action taken in Good Faith.
No suit, prosecution or other
legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any Rule or regulation by law made thereunder.
Chapter IV Supplementary and Miscellaneous Provisions
23. Acts not to be Invalidated by Irregularity, Vacancy etc.
No act done or
proceeding taken under this Act, by the State Board, the District Board or the Industrial Area Board or a Sub-Committee appointed by the State Board shall be invalidated merely on the ground of—
- (a) any vacancy in, or defect in the constitution of the State Board, the District Board or the Industrial Area Board or any Sub Committee of the State Board; or
- (b) any defect or irregularity in the appointment of a person acting as a member of any such Board or Sub Committee; or
- (c) any defect or irregularity in such Act or proceeding not affecting the merits of the case.
Chapter IV Supplementary and Miscellaneous Provisions
24. Powers of the State Board to make bye-laws.
- (1) The State Board may, subject to the provisions of this Act and with the previous approval of the Government, by notification in the Gazette, make bye-laws generally to carry out the purposes of this Act.
- (2) Such bye-laws may provide for,—
- (a) the procedure to be followed by the State Board, District Boards and Industrial Area Board for transaction of their business;
- (b) all matters connected with granting of licences, clearances or certificates by the State Board, District Boards and Industrial Area Boards.
Chapter IV Supplementary and Miscellaneous Provisions
25. Powers of the State Board, District Boards and Industrial Area Boards to
Collect Fees.— The State Board, District Board and Industrial Area Board may with the previous approval of the Government fix, and collect fees from the beneficiaries.
Chapter IV Supplementary and Miscellaneous Provisions
26. Power to make Rules.
- (1) The Government may, by notification in the Gazette, make Rules for carrying out the purposes 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 two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly decides that the rule should be either modified or annulled, the rule shall thereafter have effect only in such modified form or have 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.
Chapter IV Supplementary and Miscellaneous Provisions
27. Power of the Industrial Township Authority to make Regulations.
- (1) Subject to the provisions of this Act and the Rules made thereunder an Industrial Township Authority may, with the approval of the Government make regulations for carrying out any of the purposes for which it is constituted.
- (2) The Government shall have power to make rule regarding the procedure for the making of regulations, the publication thereof, and the date on which they shall come into effect.
Chapter IV Supplementary and Miscellaneous Provisions
28. Removal of Difficulties.
- (1) If any difficulty arises in giving effect to the provisions of this Act the Government may, as occasion may require, by order to anything not inconsistent with this Act, which appear to them necessary for the purpose of removing the difficulty: Provided that no such order shall be passed after two years from the date of commencement of this Act.
- (2) Every order made under sub-section (1) shall be laid before the first meeting of the Legislative Assembly, after making the order.
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