The Kerala Tourism (Conservation and Preservation of Areas Act, 2005

ACT & OF 2005 
  
The Kerala Tourism 
(Conservation anc Preservation of Areas) 
Act, 2005 
An Act to provide for the conservation and preservation of tourist areas 
in the State and for matters connected therewith or incidental thereto. 
  
Preambie- WHEREAS it is expedient to make provisions for the conservation 
and preservation of tourist areas in the State and for matters connected 
therewith or incidental thereto; 
BE it enacted in the Fifty-sixth Year of the Republic of India as follows:- 
Ll. Short title, extent and commencement-(1} This Act may be called the Kerala 
Tourism (Conservation and Preservation of Areas) Act, 2005. 
(2), it extends to the whole of the State of Kerala. 
(3). it shall be deemed to have come into force on the Sth day of February 
2005. 
é.Definitions- in this Act, unless the context otherwise requires, - 
(a) ‘cormmittee' means the State Tourism Conservation and Preservation 
Committee constituted under section 4: 
(fb) ‘local authority’ means a village panchayat constituted under the Kerala 
Panchayat Raj Act, 1994 (13 of 1994) or a municipality constituted under 
the Kerala Municipality Act, 1994 (20 of 1994): 
(c) ‘prescribed’ means prescribed by rules made under this Act; 
(d} ‘special tourism zone’ means any area declared as such by Government 
under section 3; 
(e) ‘State’ means the State of Kerala: 
(f} ‘tourist area’ means any area notified by the Government in the Gazette to 
be a tourist area for the purposes of this Act: 
3.5pecial fourism Zone-(1}) The Government may, by notification in the 
Gazette, deciare any area which have or likely to have the importance of 
tourism within the State as ‘Special Tourism Zone’ for the conservation, 
preservation and integrated planned development of such area. 
(2) No developmental activity including construction in a Special Tourism Zone 
shall be carried except in accordance with such guidelines as may be 
issued by the Committee. 
4 Constitution of Tourism Conservation and Preservation Commiuttee-(1) Tne 
Government shall constitute a Committee called the ‘State Tourism

Conservation and Preservation Committee’ (hereinafter referred to as the 
‘Committee’) for the conservation, preservation and integrated planned 
development of the Special Tourism Zone. 
(2) The Committee shall consist of the following members, namely:- 
(ij) Secretary to Government in-charge of Tourism: 
(il) Secretary to Government in-charge of Local Self Government 
Department; 
GH) Director, Department of Tourism: 
div} Director, Department of Archeology; 
iv} Chief Town Planner, Government of Kerala; 
(vi) An expert in the fleld of environment, nominated by the Government; 
(vil) An expert in the fleld of tourism nominated by the Government. 
(3) The Secretary to Government in-charge of Tourism shall be the Chairman 
of the Committee and the Director, Department of Tourism shall be the 
Convener, 
(4) The Chairman shall co-opt to the committee the District Town Planner and 
the President or Chairperson, as the case may be, of the local authority 
having jurisdiction over the area of Special Tourism Zone and every 
member as so co-opted shall be entitled to take part in the meetings of 
the Committee and to vote in respect of such matters as may be 
prescribed: 
Provided that, any officer or officers may be made as the special invitees 
at the time and place to be fixed by the committee and their proposals and 
suggestions may be recorded. 
(5) The Committee shall meet at such times and places to be fixed by the 
Chairman and shall observe such procedure in regard to its transaction of 
business, aS may be decided by the Committee. 
(6) The Committee shall have perpetual succession and a common Seal. 
(7) The Committee may sue and be sued in the name of Convener. 
5.Functions of the Committee-(1) Notwithstanding anything contained in any 
other law, the Committee shall have the following functions, namely :- 
(i} to prepare a sustainable Tourism Development Plan including guidelines 
to regulate develoomentai activities in the Special Tourism Zone; 
(to implement or co-ordinate the implementation of the Tourism 
Development Plan) 
Gi to enforce the guidelines issued in respect of the development of Special 
Tourism Zones: 
(iv) to ensure proper and systematic programming by rendering appropriate 
advice to the focal authorities in regard to formulation of projects and 
determination of priorities in accordance with the Tourism Development 
Plan}

(v} to direct the concerned focal authority for taking action against any 
unauthorized construction or land develooment or encroachment or such 
other activities inconsistent with or in violation of the Tourism 
Development Plan; 
(vij} to monitor the guidelines prepared by the Committee; 
(vil) fo perform such other functions as may be prescribed or entrusted to it 
by the Government. 
(2) The local authority concerned shall, notwithstanding anything contained in 
any other Jaw for the time being in force, act in accordance with the 
advice or direction in writing, if any, given by the Committee in respect of 
any area comprised in a Special Tourism Zone and it shall intimate to the 
Committee such action as so taken by it. 
(3) The Tourism Development Plan prepared by the Committee shall indicate 
the manner in which the land within the Special Tourism Zone shall be 
used, whether by carrying out development therein or by conservation, or 
such other matters as are likely to have any substantial influence on the 
development of the area under the Special Tourism Zone. 
(4) Every Tourism Development Plan shail contain the following elements 
which are necessary for the integrated sustainable develooment of the 
area with major thrust on tourism develooment, namely:- 
(i} policy in relation to the land use plan and allocation of land for tourism 
purposes; 
(1) policy in relation to the bullt up area, environment including 
architectural control and form; 
(fil) Strategies towards conserving and strengthening existing natural 
systems and enhancing the visual qualities of the region; and 
(iv} regulations, if any, found necessary for the implementation of the 
Tourism Development Plan. 
6.Powers of the Committee- Notwithstanding anything contained in any other 
law, the Committee shall have the following powers, namely :- 
(i} to approve the Tourism Development Plans and guidelines for the Special 
Tourism Zone: 
(1i} to sanction the projects or develoomental activities in the Special Tourism 
ZONE; 
(iil) to review implementation of the Tourism Development Plan or guidelines 
prepared for Special Tourism Zone; 
(iv} to approve the requlations for conservation of the Special Tourism Zone; 
(v} to call for information from Government Departments or from the local 
authorities or other authorities or persons with regard to their projects 
and priorities relating to Special Tourism Zone;

(vi} to conduct or cause to be conducted such surveys and studies, as it may 
consider necessary, for the sustainable development of Special Tourism 
ZONES: 
(vi) to take such action as may be prescribed for the preservation of any land 
or bullding having any tourist importance and situated in a Special 
Tourism Zone; 
(vil) to provide for infrastructure facilities which may be necessary for the 
purpose of sustainable development of a Special Tourism Zone, in such 
manner as may be prescribed: 
(ix) to authorise any officer or institutions to enter upon any land or premises 
at all reasonable times and to doe such things thereon, as may be 
necessary for the purpose of lawfully carrying out any work or activities 
for the sustainable develooment of Special Tourism Zones: 
Provided that no person shall enter any Jand or bullding without giving the 
occupier thereof at least five days’ notice of his intention to do so. 
7 Appeal- (1) Any person aggrieved by an order passed by the Committee in 
exercise of its powers under section 6 may, within ninety days from the date of 
receipt of such order, file an appeal to the Government: 
Provided that the Government may entertain an appeal filed after the expiry 
of ninety days, if it is satisfied that there was sufficient cause preventing the 
appellant from filing the appeal in time. 
(2) Every appeal shall be accompanied by an attested copy of the order 
appealed against and such fees, as may be prescribed. 
(3) The appellant shall have the right to appear either in person or through a 
counsel or a duly authorised agent, and the committee against whose 
order the appeal has been filed, may be represented by such officer, 
counsel or person as the Committee may authorise. 
(4) The Government may after giving the appellant an opportunity of being 
heard and after making such enquiry as it may deem fit, dispose of the 
appeal recording the reasons thereof, 
(5) Every appeal filed under this section shall be disposed of as early as may 
reasonably be practicable, but not later than four months from the date 
of filing of such appeal, 
8.Protection of action taken in good faith- No suit, prosecution or other legal 
oroceedings shall ie against the Committee or the appellate authority or any 
other officer in respect of anything which is in good faith done or intended to 
be done under this Act or any rule made thereunder, 
9.Direction by Government- The Government may, from time to time, issue to 
the Committee such general or special directions of policy as may be deemed 
necessary or expedient for the purpose of carrying out the objects of this Act 
and the Committee shall be bound to comply with such directions.

10.Power to make rules-(1) The Government may, by notification in the 
Gazette, make rules, either prospectively or retrospectively, for carrying out all 
or any of the purposes of this Act. 
(2) In particular, and without prejudice to the generality of the foregoing 
power, such rules may provide for all or any of the following matters, 
namely:- 
(a) the procedure to be followed by the Committee for the preparation of 
guidelines for the Special Tourism Zones; 
(b) the procedure to be followed by the Committee for the preparation of 
regulations for the Special Tourism Zones; 
(c) the procedure to be followed in providing for other infrastructure 
facilities for the purpose of sustainable development of Special 
Tourism Zone; 
(d) the fees leviable under the Act; 
(e) any other matter which is to be, or may be prescribed. 
(3) 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 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 
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 that rule. 
11.Power to remove difficulties-(1) If any difficulty arises in giving effect to the 
provisions of this Act, the Government may, by order, published in the Gazette, 
do anything not inconsistent with the provisions of this Act or the rules made 
there under, which appears to them necessary to remove 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 Legislative 
Assembly. 
12. Repeal and Saving -(1) The Kerala Tourism (Conservation and Preservation 
of Areas) Ordinance, 2005 (4 of 2005) is hereby repealed. 
Notwithstanding such repeal, anything done or any action taken under the said 
Ordinance, shall be deemed to have been done or taken under this Act. 
 

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