LexThe Kerala Investment promotion and facilitation(No.2) Act 2018(14 of 2018)
Kerala · state statute
Open in Lexace · Ask the AI about this act24 .
GOVERNMENT OF · KERALA
. Law (Legislation-C) ·Department ·
NOTIFICATION
No. 25899/L_eg .C 3/~017 /Law.
. . 7th April,. 2018:
Dated. Thiruvwianthapuram: 24th . M eenam, 1193
17th .Chaithra, 1940.
. .
In pursuance of cla·use (3) of Article 348 of the Constitutfon of India,
tbe Governor of Kera la is pleased . to authorise the publica~ion in the
Gazette of the following translation in English Language of the Kerala ·
Investment_ Promotion a·nd Facilitation (No. 2) Act, 2018 (14 of 2018) ..
By order of the Governor, . . .
B. G. HARINDRANATH, .
Law Secret ary .
..
. .
. . .
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[Tran~ I at i o ii in Engl is h o f ." 2 o 1 a - 6l e.i .:: ce, m ~ . m 1 a~ nJ o
C(.nJO©tlX>n01'kJ1.00e.iJo <ruJ(J)'2l{l)OcB6>e.JJo (2-00 mcruc8) ~ca;g" published under the
authority of the Governor.-] · ·
ACT 14 OF 2018
THE KERALA INVESTMENT . PROMOTION AND
FACILITATION (NO. 2) ACT, 2018
An Act td give effect to certain proposals. of the Governmen( .of
Kera/a to_ avoid _delay in grantfog various licences, perinissions,
approvals; clearances required under various enqctme_nts and
· to provide for other matters connected ther~with or incidental thereto.
Preamble.-Wi-IEREAs', it is expedient to give effect to certain
proposals of the Govequnent of Kerala to avoid delay in granti~g various
licences, permissions, approvals, clearances required under. various
enactrrie .nts and to provide for other matters connected therewith or.
incidental th.ereto; .
. .
BE it enacted in the Sixty-ninth Year ~~ the Republic of India, as
follows:- .
1. Short title and comrnetJcement .-· ( 1) This Act may be .called the
Kerala Investment Promoti~n and Facilitation (No. 2) Act, 201_8.
. .
(2) It shall be deemed to have come into force on the 20th _day of
·October, 2017. · ·
. 2.- Amendment of Act ! 3 of 1994. - In the Kerala Panchayat Raj
.Act, 1994 ( 13 of 1 994 ),-
(I) in section . 232,- -
( a) for the heading "DANGEROUS AND OFFENSIVE . .
TRADES AND FACTORIES" before the said secti~n, the· heading
. '
"INDUSTRIES, FACTORIES, TRADES, ENTREPRENEURs ·mp . .
ACTIVITIES AND O'"fHBR SERVICES;·' shall be substituted;
... ....
'•'
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. .
(b) in sub-section (1 ), the wo.rds "being purposes which in the
. opinion of Government is likely, to be offensive or dangerous to human life
or health or property" shall be omitted;
(2) in section 233,-
. .
(a) in .sub-section (2), after the word "Secretary", the words
"or officer authorjzed by the ~i"ecretary" shall be .inserted~
(b) after sub-section (2), the following sub~section shall be
inserted, namely: -
"(2A) Th.e Secretary or officer authorized by him shall,
issue an ackllowledgement to the applicant . on· receipt of application along
with the . supportin~ documents in the· form, as may be prescribed, and shall
verify the application and all supporting documents on the spot itself, and if
any supporting document is n~t found attached along with the application,
the Secretary or officer authorized by him shall , immediately inform the
applicant in writing the list of missing ·documents and allow. the applicant to
.. submit the missing documents as early as·· possible, but not later . than
five days from the date of receipt of ·application.";
(c) for sub-section (3), the following sub-section shall be
substituted, namely:-
''(3 )°the Secretary or the officer authorised by him shall, as
soon as m~y be, after the receipt . of th,e· application enquire and report to
the Village Panchayat as to whether the establishment of the factory,
workshop or workplace or other install~tion of machinery or ma~ufacturing
plant for. which permission i~ applied for is object~onable by reason of
density of population .in the neighbourhood and possibility to cause nuisance
or· pollution and . the Village Panchayat , after having considered the
application .and ·the reports of th~ Secretary and ·of such other authorities
as specified ·in sub-section. ( 4) may, as expedit iously as pos sible, within
thirty days, grant th~ permission either ·absolutely .or subject to .such
condition s· as it thinks fit to impose .";
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(d) in sub-sectioh (4),-
(i) after the . words "before granting", the words .. or
refusing" shall be o·mitted; :
(ii) for the words ~·Village P~nchayat", the word
"Secretary" shall be substituted; · .
. '
(iii) in clause (b ), after the words "a report of the District
. . .
Medica_I Officer", the words "in -case the applicant is a hospital , clinic,
p~ra-medical institution, clinical laboratories or other healthcare institution."
_shall be inserted;
(e) aft'er sub-section (5), the following sub-section shall be
- ' · inserted~ namely: -
. · "(6) If any order, ·on an. application . for permission under
. .
. this section is not communicated · to the applicant within thirty days from
the date ofreceipt of applic.ation by .the S~retaty, the application shall be
. deemed ·to have b.een allowed for . the period requir~d in the application
. .
subject to the Act, rules and bye laws and all conditions which would
- '
. have been imposed and if any violation is noticed later, ~e Secretary shall
have the power to cancel .the licence after giving ~ show cause· .notice to
the applicant stating th.e reason for such cancellation and after exa~inirig
the " submission if any, made within the time specified in the said notice
. . . . . .
and on such cancellation the Secretary may impose a penalty on the
applic~nt for an amount n~t exceeding rupees five lakhs. "; .
..
(3) in section 233A, -
(a) in sub-section (i), f9r t~e . w.ords "Village Panchayaf' the word
"S~cretary" shall be substituted;
(
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(b) for sub-se'?tion (2), the foll.owing sub-~ection shall be
substituted, namely:-' .
"'(2) The Secretary may obtai'n expert opinion from the
departments concerned, with regard to the determination of the nuisance .
or its abate~ent, at ~he c9st of the ow~er . or ·person in charge of th.e
factory, workshop, workplace .or machinery. concerned and such report
\ l
shall be furnished, as soon as · possible, but not later than fifteen days of ~
reporting of such nuisance. ".
3. Amendmen·t of Act 20 of . 1994. ~ln the Kerala Municipality Act,
. 1994 (20 of 1994),- ,._
· (1) in section 447 .- ·
(a) for the heading ""INDUSTRIES, FACTORIES AND
OTHER TRADES" before the said section , the heading "INDUSTRIES ,
. FACTORIES , TRADES, ENTREPRENEURSHIP .ACTIVITIES AND
OTHER SERVICES" shall be substituted; .
. .
(b) in sub-section (2)," after the word '
4
Secretary'', the word s
Hor Officer authorised by him" shall be i.nserted;
( c) after sub-·sectio~ (2) the following sub-section shall be
inserted, namely:-·
"(2A) The Secretary or 'the officer authorized by him shall,
'
issue an acknowledgement to the applicant on receipt · of application along
with the supporting document in such form, as may be prescribed, and
·shall verify the application and all supporting documents immediately on
· receipt, . and if any supporting document required is not attached with the
application . the Secretary or th~ officer authorized by him sh~ll in11nediately
inform ·the applicant in writing the missing documeJ?t. if any. and ·allow the
applicant to submit the missing document at the earlie st but not later than
five days fro~ the date of receipt of application."~
..
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(d) for sub-section (3), the follQwing sub.-section shall be
substituted, namely:-
. . . "(3) The· Secretary or t~e ·Of(icer . ·authorized by him
shall, within five days· fro~ the date· of receipt of all supporting documents ·
.along with the prescribed clearance from other departments or authorities,
by order .and subjec't to sue~ terms and · .condi~ions, as he deems ' fit,' grant
the licence for use of the ·place for conducting any industries, factories,
. . .. .
trade ~, entrepreneurship activities or other services, as the case may be.";
(e) sub-section (3A) ·shall be omitted;
(f) in sub-section (4),- .
(i) for the brackets, .figures and words "under sections (3),
'(3A) " the words, brackets and figure '~under sub-section (3)" shall be
substituted;
(ii) for the ~ords "three years" the words ''.ft.ve years"
s~all be substitu~ed; ·
. .
(g) after sub-section (5), the following sub-section shall be
. .
inserted, namely:- ..
,•.
"(SA) The license on_ce granted under this ~ection shall
. .
· rem·ain in f~rce for a period of five years and shall be renewed wit~out ·
any application on payment of .the pre~cribed fee, thirty . days before the
end of validity of the licence for a further period of five years."; . . . . . .
(2) in sectign 448,-
- · (a) _in sub~section (1 ), after the word ·"Secretary ", the words
·· "or officer authorised by him" shall be inserted; . '
. .
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(b) after sub-section (I). the following sub-section shall be
inserted, namely:- -
.. (~A) The Secretary or the officer · authorized by him 'shall
issue an·acknowledgemenr to- the applicant for the receipt of application
~long with the supporting document in such f01;m, as may be prescribed,
and the Secretary or the . Officer authorized by· him· shall, verify the
~pplication and all -supporting documents on the spot itself, and if any
supporting docun1ent required ~s not attached with the application the
Secretary o·r the off~cer authorized by hi?1 shall in1mediately bring to the . .
notice of the applicant, . the missing _ document, if any, and allow the
applicant to submit the missing document at the earliest but not later than
five days from the date of receipt of application.";
. . . . . ......
(c) for sub-section ·(3), the following sub-section shall be
. substituted, namely :-
H(3) The Secretary, or the officer authorised by him sh_all,
as soon as may be, after the receipt of application, report to the Cou_ncil .
if the establishment of the factory or workshop or workplace · or the
installation of the machinery or manufacturing plant; for w~ich the
pennission is applied for is objec~ionable by reason of causing nuisance,
pollution due to the density of population ·in the neighbourhoo<;l and Council
shall, after having considered the application and report of the Secretary
. and of.such ·other .authorities specified in sub-section (4) and as far as ,
possible, within a _maximum period of thirty days from the date of receipt
of application grant the pem1ission applied for absolutely or subject to Sl,lch
conditions as it deems fit."; ·
( d) in sub-section ( 4 ), in clause (b ), after the words ··report of
the District medical officer of health", the words "if the appficant is a
hospital, clinic~ para-medical institution, clinical laboratory ·or · other
- .
healthcare · institutions" shall be inserted;
..
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(e) after sub-section (5)· the foll9wing sub-section shall be
inserted, namely:-. ·
. .
"(SA) If any order on. an applicati~n for permission l.lnder
this section. is not communicated to the applicant within thirty aays from
.the date o{ receipt of application, by the Secretary, the application ~hall be
deemed to have been ·allowed for· the period· requited in th~. application . . . .
subject to the Act, rules and bye laws and all conditions which would . . .
have b~en imposed:
. . .
Provided that if any violation is noticed later, · t~ Secretary with the .
approval of the Council, may cancel the licence after giving a show cause
notice to the applican~ stating the reason .for such cancellation and after
examining the submission, if any; m~de witpin ·the time specified. ~ the said
notice: · . . ,
· P~ovided further that on s~ch cancellation, the Secretary may impose
a penalty on the applicant for an. amoui)t not exceeding rupees fiv~ lakh~ ' ; . . . .
(3) iri section 449,-·
· (a) in sub~section . (I), for the word . 'Council', the word·
'Secret<:iry' shall be substituted;
(b) for .sub--section (2), the following ·sub-section shall be
substirated, namely:-
"(2) The ·Secretary may obtain expert opinion from the
departments conce~ed, with. regard to ·the detertninatio:i of the nuisance
or its abat~ment , at . the' cost of the owner or .person in charge of the
factory , workshop, wor~place; m· ach~nery or manufacturi~· g plant
concerned, and such report shall be· furnished, as soon as may be, but· not
, later than fifleen days o.f reporting of such nuisa~ce.'';
. . -
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.t
(4) in section 450,-
(a). after item '<i); the following item shalt be mserted, namely:-
. .
· "U) Industrial units certified· by the Keral~ State Pollution
Control · :Soard as Green and White Category.";
(b) in the proviso, for the words, letters and ·brackets ''item (h)"
and (iY' the words, letters and brackets "items (h), '(i) and ( j)" shall be
substituted.
. .
4. Amendment of Act 5 of 2000.-Ir{ the Kerala Industrial Single
Window Clearance Boards and Industrial Township Area Development
Act, f 999· (S of 2000),- · .
·.(I) in the long title , for. the words ~·'requ.ired for setting .up of
. industrial undertakings", the words "including renewal thereof required for
..
..
I ..
setting up and· for expansion, · diversific~tion and modernisation of ~
enterprises" shall be substituted;
(2) ~ in the preamble,- ..
. .
(i) after th~ word "indu.str~~s"- the words "and en.terpris.es"·
shall be inserted; . . .
(ii) for the _portion. beginning with "AND WHEREAS, for the
·speedy issue of various ~icences" and ending '"'.ith "industrial ·area level'.' . .
the foll.owing shall be substituted, .namely:-
. .
.
44
AND WHEREAS, for.the speedy issue of variou.s licences, .
. cleara~ces ' and certificate required for setting up and. running " of
ente~rises and for is.sue of clearances for expansion, diversific<:ition, . ~ .
modernisation and renewal of licences for« enterprises in the State ·of
Kerala and for that purpose it'is necessa!Y to establish Single Window
Clearance Boards at the State,. District and Industrial · Area level"; . .
~
,.
' .
t ...
'
<
•t
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(3) in section 2,-
(a) in clause (a),-
(i) · after the word "Municipality", the words "any . .
statutory bodies or. service providers" shall be inserted;
(ii) after the word "permits", the words "or consents or
renewal th~reof'' shal.l be inserted;
(iii) for the words "industrial undertaking", the word ·
'•enterprises" shall be substituted;·
(b) after clause (b ), the following clause shall be . inserted,
namely:-
"(ba) °Cleararices" means various clearances including
licences, certificates, permits or consents required under various Central or
State enactments and rules made thereunder, and for providing utility
services arid renewal. thereof from, time to time, for setting ':IP .and
running, expansion, diversification and modernisation of any enterprise in
the State of Kerala;";
(c) ~fter · clause (d), the following clause shall .be inserted,
·namely:-
H(da) ''Enterprise" means any undertaking or factory · or
,. workshop or workplace or any other establishment or industry engaged in
n1anufacturing or processing or providi .ng services or any commercia~
activities includi~g trade or investment in infrastructure;";
(d) clause (j) shall be omitted;
(4) in section 3,-· '.
(a) .in sub-section (1 ), for the words "setting up of Industrial
undertakings", the words "'setting up, ruMing, expansion, diversification
arid modernisation of enterprises" shall be substituted;
-3311340/2~)18/S-23.
34
(b) for sub-section (3 ), the following sub-section shall be
substituted, namely:- ·
4
'(3) The State Board· shall· consi~t of the following members, ·
namely:-
(a) Chief Secretary to ·the Goven~ment;
(b) The Secretaries to the Government in charge of
Industries, Finance, Lab9ur, Local Self Government. Revenue. Taxes,
Water Resources, Power. Forests, Environment, Tourisni. Health,
lnvestm~nt Promotion and Public Works departments:
(c) Managing Director, Kerala State Industrial
Development Corporation Limited:
(d) Director of I11dustries and C~1nmerce, Goverilment
of Kerala;
(e) Chairman and Managing Director, Kerala State
Electtjcity Board L~n1ited;
Department.":
°( f) Chief Town Planner; .
(g) Chairman. Kcrala St,lte Pollution Control Board;
· (h) Chief Electrical Inspector;
(i) Directot' of Factories and Boilers;
(j) .Direct~r t?f Mining and Geology;
(k) Director General, Fire and Rescue Services
· (c) in sub-section -(5). for the words '"at such times" the
words "at such intervals not exceeding thirty days" shall be substituted;
· (5) in section 4,-
. .
(a) for ·sub-section (3), the following sub~section shall be
substituted. nam'eJy:-
'"(3} Evc1)' District Single Window Clearapce Board shall
consist of the following n1embers, namely:-~ ·
(n) District Collector concerned~
(b) General Manager, District lndustries Centre;
.. ·
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( c) The President of the Village Panchayat concerned or
Chairperson of the Municipality/Mayor of the Corporation concerned in
cases where licence is required from local bodies;
(d) The District Officer of the Kerala State Pollution
Control Board or any other officer of the said Boan~ nominated by the
Chairman, Kerala State Pollution Control Board; .
(e) The District Officer of the Electrical Inspectorate or
. • any other officer nominated by the Chief Electrical Inspector;
(t) The Distdct Officer of the To.wn and Country
Planning Department or any other officer nominated by the Chief Town
• Planner;
(g) District M.edical Officer;
(h) The Deputy Chief Engineer of the Electrical Circle of.
the Kerala State Electricity Board Limited having juri.sdiction over the
district; ·
(i) District Officer, Factories and Boilers;
(j) Divisional Officer, Fire and Rescue Services;
(k) Divisional Forest Officer;
(1) District Labour Officer;
. (m) Secretary, Urban Develop111ent Authority or Secretary,
District Panchayat;
(n) An Officer of the State Goods and Services Tax
Department not below the rank of Deputy Commissioner;
( o) An Officer of the Kerala Water Authority not below
the rank. of Executive Engineer nominated by the Managing Director,
Kerala Water Authority;
(p) An Officer of the Tourisri1 Department not below the
rank of Deputy Director nominated by the Director of Tourism
Department;
(q) An Officer of the Public Works Department not
below the rank of Executive Engineer nominated by the Secretary, Public
Works Department;
. '
3.6
Geology.";
(r) District Officer of the Department of Mining an~
(b) in sub-section (5), for the words '"at such times'' the words
'•at such intervals not exceeding twenty days" shall be substituted;
· (6) in section 5,-
(a) fu sub-section (1), for the words, '•setting up of small scale
'industrial u_ndertaking or industrial undertakings" the words, '"setting up and
running of enterprises" shall be substituted;
(b) for sub-section (3), the following s1_.1b-section shall be
substituted, namely:-
~'( 3) Every Industrial Area Single Window Clearance
~rd shall consist of the following members, namely:- ·
(a) Principal Secretary to Government .. · Industries
Department or his nominee;
· (b) District Collector;
(c) Chief Executive of the Agency owning or
managing the industrial area;
Department;
. .
( d) Designated Authority of industrial area concerned;
( e) District Officer of the S~te Pollution Control Board;
( f) District Officer of the Electrical Inspectorate; ..
(g) District Officer of the Town and Country Planning
•
(h) District Medical Officer;
i (i) Deputy Chief Engineer of the Kerala State
Electricity Board Limited;
(j) District Officer, Factories .. and Boilers~ ' . .
(k) Divisional Officer, Department of Fire and Rescue ·
Services;
.
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(
37
(l) Divisional Forest Officer;
.(m) District Labour Officer;
(n) An officer of the State Goods and Service Tax ·
Department not below the rank of Deputy Commissioner;
(o)
{p)
(q)
Executive Engineer, Kerala Water Authority;
Secretary. District Tourism Promotion Council;
.
General Manager. District Industries Centre;
. .
(r) Designated authority of Industrial Area concerned
and in ·cas~ of private park, G~neral Manager, District Industries Centre . of
·the district concerned .'.';
(c) for sub-section (4), the following .sub-section shall be
substituted. namely;_._ .,,..
"(4) District Collector shall be its Chairman and the .
Designated Authority of·tbe industrial area concerned or in the case of
private park, General Manager, District Industries Centre of .the dist~ct
concerned shall be the Convener of the Industrial Area Board.";
· (7) in section 6.-·
(a·) for the words "all ind~strial undertakings being
established or proposed to be established", the words "'all enterprises being
established or proposed to be established or operating" shall be substituted;
. (b) after the words •'for the construction of the· buil~irig", the
words "including expansion, diversification, modernisation and issue of
trade licences" shall be inserted;
(8) in section 7,-
(a) in sub-section (1 },-·
• (i) for the~ words "an industrial undertaking or small scale
industrial undertaking", the word henterprises" shall · be substituted;
- .... .. _.. .
. 38
. ·(ii) after the word '"certificatesH t.he words .. or renewal of
licences" ·shall be inserted;
(h) in sub-section (2),~
(i} the word " as" after the word ••decision" shall be omitted;
(ii) in clause (a), f~r the words ••to recommend to the
authority concerned . the issue of the licence". the . words "to issue the
licence, renewal of licences" shall be substituted;
(c) in sub-section (3), after the words "designated authority of the
Industrial Area Board", the words "'if no communication is received by the
applicant within thirty da)'S__from the date of submission of applicl:ltion to
the . Board, the permiss~n appll~d for ~hall be deemed to have been
granted by the Board fo_r ~uch pe~d .. requested for in the application"
shall be inserted; · ,
·• (9) in 'section 8~-
. (a) in sub-section ( 1 ), for the words '"small scale industrial
undertaking having capital investment of more than two lakh", the wo.rds
"enterprises having capital investment up to fifteen crores'· shall be
substituted;
.(b) in sub-section (2),-
(i) for the words "sixty days", the words '"thirty days" shall
be substituted;
(ii) the word '~as" after the word '"decision" shall be omitted;
(ii!) in clause (a), for the words Hto recommend to ·the
authority concerned the issue of the licence", the· words "to issue the
licence,'' shall be substituted;
. (c) in sub-section (3), after the words •'Convener o~ the District
Board", the words •"and .the same shall be binding _ on the authority
concerned, and if no clearance, licence or certificate or renewals thereof,
as the case may be, is issued within thirty days from date of submission
,·.
/
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... . i . · ..
39
of. application to the ·Board, the clearance. licence or certificate or
renewals thereof applied fo~, shall be deemed to have been iss~ed ·after the
expiry of said peri<?d of thirty days" shall be inserted;
( d) for sub-section ( 4 ), the following sub-section shall be
substituted •. · namely:-
"( 4) Notwithstanding anything contained in any other law
for the time being in force, the application for clearance, licence or .
certificate or any renewal thereof, submitted before the District Board
' .
concerned for establishing or running of an enterprise having a capital
investment of less than fifteen crore rupees is rejected or granted with
conditions, the person aggrieved may file .an appeal before the State
Board against su~h qrder of r~fu~al or grant of license with conditions
within thirty days from the date of receipt of order from the District
~oard, in the manner prescribed, . and appeal shall be disposed of by the
State Board within twenty days from the date of receipt of the appeal.',;
(10) in section 9 ,-
(a) in sub-section ( 1),--,-..
(i) for the words "industrial undenaking other than a sr:nall
scale undertak~ng", the words "'<'.nterprise having total investm~nt above
fifteen crore rupees" shall be substit.uted;
(ii) aft.er the word '~certificate·s~', the words ••or .renewals
thereof'~ shall be inserted;
(b) in sub-section (2),-
(i) for the words ''forty five days", the words, ,.'thirty
days" shall be substituted;
(ii) the word '"as" after the word ''decision" shall be omitted;
. .
..
. j ,
(iii) in clause (a). ·for the words hto recommend to the . r
concerned authority the issue of licence'·. the words ••to issue licence.
clearance or renewal '. shall be substituted; . . . . ,
'
(c) in sub-section (3). after the words hConvener of the State
Board ". the words hand the same shall ,be binding on the authorities
concerned and if no clearance, licence. certificate or renewals thereof: as
the case may be. is issued within thirty days from date of submission of
application to the Board. the clearance. licence. certifi°cate or renewals
thereof applied for shall be deemed to have been issued after the expiry
of said period of thirty days" shall be inserted:
(d) after sub-secti~n (3), the followin _g sub~section shall be
inserted. namely:-
''( 4) The State Board is also empowered to recomm~nd to
-the Govenunent on policy · matters concerning various issues and problems
faced . by any entrepreneur in establishing any enterprise or for the
development , diversification of modernisation or implementation or
oper?tion o~ running of such enterprises in the State and suggest remedial
me~sures to ·address such issues and problems in good industrial practice
to promote investment opportunity in the State.";
( 11) for section I 0, the following . section shall be substituted ,
namely:-
'" 10. 1: .. suing of clearances, licences, cert~{icates or re11ewt;1l
thereo.f.- Notwithstanding an~Jhing contained in any other law for
. the time being in force or any other provisions of this Ac~, the State
Board, District Boards or Industrial Area Board shall issue the clearance,
licence, _certificate or renewal thereof, as the case may be. within thi~y
working days from the date of receipt of the application by the Board
concerned. and if no clearance, licences, certificates or renewal thereof,
as the case may ·be, is issued or the said application is not rejected within
the said time limit, ~he clearance, licence, certificate or renewal thereof, as
the case may be, shall be deemed to have been issued after the expiry of
said period of thirty days.~·;
" .
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(12) in section 11,-
(a) in sub-section (1),-
. .
(i) for the words "recommended with modification", the
. - .
words "issued with such conditions" shall be substituted; . . .
. (ii) for the words "such refusal or recommendations", the
words "issued ·with such conditions
1
~ shall be substituted; ; - .
. .
(b) in sub-section (2), for the words "thirty days", the ~ords
~'twenty days11t shall be substituted;
. .
( c) after section ·11, following section shall be inserted,
namely:-
"11 A. Overriding powers of the State Board, District Boards ·
and Industrial Area Boards.-{l) Notwithstanding anything con~ained in
any other law for the time being in force, or other proyisio.ns of the Act.
the State .Board, the District Boards or the Industrial Arca Boards as the
case may be, on _receipt of cQmposite application prescribed under rules
along with recomrpendations of the departments concerned, shall issue a
-composite licence .to the appli~t in_ the form prescribed for establishing
and running an enterprise in the State and such composite licence issued
' .
by the respective Board shall be binding on all authorities concerned and
shall be valid for a pCrlod of five years from the date of its issue: ·
Provided that if an enterprise is being ·established on a rented or
leased premises the validity of the composite licence shaU expire on the
CxPiry of the lease or rental period or -five. years whichever is earlier and
such authorities shall not. cancel such license without the consent of the
respective Board.
3311340/2018/S-23.
(·
42
(2) The authorities concerned, shall have the right to conduct
inspection of the enterprise periodically, but not exceeding . one year at. a
time, and enquire whether the enterprise has violated any provisions of the
.,_
Act or rules made thereunder, and. if any violation is noticed by the - · ~
authorities .concerned or the infonnation given in the application for the
grant of composite licence is found to be false, the authority concerned
may recommend to the Board concerned to cancel the composite licence
for non-compliance of any conditions imposed on issue of such licences or
violation of any provisions of Act or rules, and on receipt of such
recommendation, the Board concerned shall cancel the composite licence
a.nd may impose a penalty, as may be prescribed, on such enterprises
I
after issue of a ·show cause notice a11;d after considering any submission,
if any, made by suc·h ~nterprises.
(3) All compo~ite licences issued under this section sha.ll be
renewed for a period of five years at a 'time on submission of an
application along with the ~rescribed fee, within seven days .from th_e date
of receipt of such. application.".
5. Amendment of Act 19 of 2002.-In the Kerala Ground Water
(Control and Regulation) Act, 2002 (19 of 2002), after section 10, the.
following section shall be inserted, namely:-
"lOA. Recycli~g and reusing of waste water. - Any person
extracting ground water shall make special provision for treating and
recycling and reusing used groundwater for industrial, commercial or
residential purposes in such manner as may be prescribed. ".
6. Amendment of Act 18 of· 2013 .-In the Kera la Lifts and
'Escalators Act, 2013 (18 of 2013),- ,. ·.
, .• . .. {a) for sub-section . (5), the following sub-section shall be
substituted, namely:-
,
..
43
"(5) Every licence granted under sub-section (3), shall be
valid for a period of three years from the date on which it is granted and
shall be renewed thereafter annually after an inspection and on payment
of such fee as may be prescribed .".
(b) after sub-section (S), the following sub-section shall be
inserted, namely:-
"(SA) Electrical Inspector may, conduct an inspection every
year and during the inspection any violation .of any of the provisions of
Act, rules or any of the terms and conditions of the licence is noticed. he
shall have the power to . proceed under section 7 of the Act.''.
7. Power to make roles.-{1) The Government may, by notification
in th~ Gazette, make rules either prospectively or retrospectively for the
purposes of carrying into effect 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 tota1 period of fourteen ~ys 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 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.
8. Repeal and saving.-( 1) The Kerala Investment Promotion and
Facilitation (No. 2) Ordinance, 2018 (9 of 2_018) is hereby repealed.
(2) Notwithstanding such repeal, anything done or deemed to
have beCn done or any action taken or deemed ·to have been taken under
the Kerala Panchayat Raj Act, 1994 (13 of 1994), the Kerala Municipality .
~ct, 1994 (20 of j 1994 ), the Kera la Industrial Single .Window Clearance
Boards and Industrial Township Area Development Act, 1999 ( S of 2000),
the Kerala Ground Water Control and Regulation Act. 2002 ( 19 of 2002),
the Kerala Lifts ~nd Escalators Act, 2013 (18 of 2013), as amended by
the said Ordinan~, shall be deemed to have be.en done or taken under the
said Acts as amended by this Act. .
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