The Kovalam Palace (Taking over by Resumption) Act 2005

[Translation in English of “ 2005-ലലെ കകകോവളളം ലകകോടകോരളം  (വവീലണ്ടെടടുക്കൽ
വഴഴി ഏലറ്റെടടുക്കൽ) ആക ‍്റ്റെ‍്" published under the authority of the Governor.]
 ACT No. 25 OF 2005
THE KOVALAM PALACE (TAKING OVER BY RESUMPTION) ACT, 2005*
An Act to provide for taking over and Protection by resumption of the
historic site of Kovalam Palace and the surrounding buildings and lands
by the Government of Kerala. 
Preamble.—WHEREAS,  the  Government  of  Kerala  had  sanctioned  the
possession of the Kovalam Palace and the adjacent property measuring 4.13.30
hectares along with other lands to the Department of Tourism, Government of
India in the year 1970 for the purpose of development of tourism in Kerala
pending finalization of the terms and conditions of transfer;
AND WHEREAS, the terms and conditions of transfer have not been finalised
thereafter;
AND WHEREAS, the India Tourism Development Corporation, the agency of
the Department of Tourism, Government of India which had been in possession of
the Kovalam Palace and the surrounding buildings and lands had retransferred the
possession of the buildings and lands to M/s. M-Far Hotels Limited, a company
registered under the Companies Act, 1956 consequent on the privatization of
Hotels by the Government of India during July, 2002;
AND  WHEREAS, the said transfer was without the prior consent of the
Government;  
AND WHEREAS, the Government are still the owner and the title holder of
the said Kovalam Palace;
AND WHEREAS, the Government had taken over possession of the Kovalam
Palace building and a major portion of the surrounding lands on the 27th day of
* Received the assent of the Governor on the 12th day of August, 2005 and published in the Kerala Extraordinary 
Gazette No. 1842 dated 12th August, 2005.
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September,  2004  consequent  on  the  Government  Order  in  G.O.  (P)  No.
302/2004/RD issued on the 25th day of September, 2004;
AND WHEREAS, the Hon’ble High Court of Kerala has in its judgment dated
the 8th April, 2005 in W.A. No. 1796 of 2004 in M/s. M-Far Hotels Ltd. and
another Vs. Union of India  and others  has quashed the Government Order by
which the possession was taken;
AND WHEREAS, the Hon’ble High Court has observed that the petitioner
therein could not be dispossessed of property save by authority of law and also
observed that the judgment would not stand in the way of the State of Kerala to
proceed through a known process of law;
AND WHEREAS, the historic site of Kovalam Palace is also one of tourist
attraction and serve the public purpose of tourism;
AND WHEREAS, it is expedient in the public interest to ensure that the
interests of the general public are served by retaining the Kovalam Palace to
serve the public purpose and in particular by retaining the Kovalam Palace and
the surrounding lands as object of historic interest and heritage site;
AND WHEREAS, the above said object has to be achieved by retaining the
Kovalam Palace and the surrounding lands as object of historic interest and
heritage site;
BE it enacted in the Fifty-sixth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title and commencement .—(1) This Act may be called the Kovalam
Palace (Taking over by Resumption) Act, 2005.
(2) It shall be deemed to have come into force on the 25 th day of
September, 2004.
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2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “Commissioner” means the Commissioner of Payment of compensation
appointed under section 6;
(b) “Government” means the Government of Kerala;
(c)  “ Kovalam  Palace”  means  the  Palace  known  as  Halcyon  Castle
constructed by the then Regent. Maharani Sethulekshmi Bai of Travancore in the
land  in  Survey  No.  7/1  of  Vizhinjam  Village  of  Neyyattinkara  Taluk  in
Thiruvananthapuram District and the surrounding buildings and lands measuring
4.13.30 hectares;
(d) “Prescribed” means prescribed by rules made under this Act.
CHAPTER II
TAKING OVER BY RESUMPTION OF KOVALAM PALACE
3.   Taking over by resumption of Kovalam Palace .—(1) Notwithstanding
anything contained in any other law for the time being in force or in any
judgment , decree or order of any Court or in any contract or other document,
with effect on and from the date of commencement of this Act, the possession of
the historic site of Kovalam Palace shall stand transferred to and vest in the
Government  free  from  all  encumbrances  and  the  right,
title and interest of all other persons in respect of the lands and buildings shall
stand extinguished.
(2) Notwithstanding anything contained in any other law for the time
being in force or in any judgment, decree or order of any Court or in any
contract or other document, the possession of the historic site of Kovalam Palace
already taken by the Government on the 27th day of September, 2004 shall be
deemed to have been taken under the provisions of this Act and shall be deemed
to be possessed as validly taken under the provisions of this Act on and from the
27th day of September, 2004.
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4. General effect of vesting.—(1) Notwithstanding anything contained in any
other law for the time being in force or in any judgment, decree or order of any
Court or in any contract or other arrangement in so far as it relates to the
historic site of Kovalam Palace in force immediately before the commencement of
this Act shall be deemed to have been terminated on such commencement.
CHAPTER III
PAYMENT OF COMPENSATION FOR IMPROVEMENTS
5. Payment of amount.—(1) For any improvements made to the historic site
of Kovalam Palace and for the value of any interest which may have accrued in
favour of any person during the period from the date of handing over of the
possession by the Government in 1970 to the date of resumption by the taking
over by the Government under section 3, there shall be given by the Government
for the value of such improvements made to Kovalam Palace or any other right
which shall have accrued to any person an amount by way of compensation by
following the principles specified in sub-section (2).
(2) The principles to be observed in the payment of compensation shall
be:—
(a) in respect of any improvement made to the building or the land,
the value for such improvement shall be at the rate prevalent at that time;
(b) depreciation at the rate of five per cent per annum subject to a
maximum of fifty per cent towards cost of building;
(c) for any interest which may have accrued, its value may be
computed in the manner as may be prescribed;
(d) any improvement made without the legal sanction from the Local
Self Government Institutions or Local Authorities or other Government Authorities
in the said area shall not be eligible for compensation.
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CHAPTER IV
COMMISSIONER OF PAYMENT 
6.  Appointment of Commissioner of Payment of Compensation .—(1) The
Government shall, for the purpose of payment of compensation under section 5,
by notification in the Gazette, appoint an officer not below the rank of a District
Collector as the Commissioner of Payment of Compensation.
(2) The Government may appoint such other officers as they may think fit
to assist the Commissioner in the exercise of the powers conferred on the
Commissioner under this Act.
(3) The salaries and allowances of the Commissioner and other persons
appointed under this section shall be defrayed out of the Consolidated Fund of
the State of Kerala.
7. Claims to be made to the Commissioner.—(1) Any person having a right to
compensation under section 5 shall prefer a claim before the Commissioner in
such manner and within such period as may be prescribed.
(2) The Commissioner shall examine each claim with relevant details and
after giving the affected person an opportunity of being heard and by applying
the principles for payment of compensation, determine the amount payable and
such payment shall be made in the manner prescribed.
(3) The Commissioner shall have the powers to regulate his own procedure
in  all  matters  arising  out  of  the  exercise  of  his  powers  in  payment  of
compensation and for the purpose of making any investigation under this Act,
and shall have the same powers as are vested in a Civil Court under the Code of
Civil Procedure, 1908 (Central Act 5 of 1908), while trying a suit in respect of
the following matters, namely:—
(a)  the summoning and enforcing  the attendance of any witness and
examining him on oath;
(b)  the discovery and production of any  document or other material
object producible as evidence;
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(c) the issuing of any Commission for the examination of witnesses;
(d) such other matters as may be prescribed.
8. Appeal by Claimants. —Any claimant who feels aggrieved by the decision
of the Commissioner under section 7 may prefer an appeal within thirty days
from the date of knowledge of the decision in writing to the Principal District
Court of Thiruvananthapuram.
CHAPTER V
MISCELLANEOUS
9. Act to have overriding effect. —The provisions of this Act or any rule
made  thereunder  shall  have  effect  notwithstanding  anything  inconsistent
therewith contained in any law other than this Act or in any instrument having
effect by virtue of any law other than this Act or in any decree or order of any
Court or other authority.
10. Protection of action taken in good faith .—No suit, prosecution or other
legal proceeding shall lie against the Government or any of its officers or
employees for any act or omission which is in good faith done or intended to be
done or omitted to be done under this Act.
11. Bar of jurisdiction of Civil Court .—Except as otherwise provided in this
Act, no Civil Court shall have jurisdiction to decide or deal with any question or
to determine any matter which is, by or under this Act, required to be decided or
dealt with or to be determined by the Commissioner or any other officer.
12. Power to make rules .—(1) The Government may, by notification in the
Official Gazette make rules either prospectively or retrospectively to carry out
the purposes of this Act.
(2) Every rule made under this section 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 makes any modification
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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.
13. Power to remove difficulties.—If any difficulty arises in giving effect to
the provisions of this Act, the Government may, by order, not inconsistent with
the provisions of this Act, remove the difficulty:
Provided that no such order shall be made after the expiry of a period of
two years from the date of commencement of this Act.
14.  Validation.—Notwithstanding  anything  contained  in  the  Government
Order in G.O. (P) No. 302/2004/RD issued on the 25th day of September, 2004, or
in any judgment, decree or order of any Court, all acts done in the matter of
taking possession of the historic site of Kovalam Palace and the surrounding
buildings and lands during the period from the 25th day of September, 2004 to
the date of publication in the Gazette of the Kovalam Palace (Taking over by
Resumption) Ordinance, 2005 shall be deemed to have been validly done under
the provisions of this Act and accordingly no suit or other proceeding shall be
maintained or continued in any Court or before any authority for divesting the
Kovalam Palace and the Surrounding buildings and lands.
15.Repeal  and  Saving .—(1)  The  Kovalam  Palace  (Taking  over  by
Resumption) Ordinance, 2005 (6 of 2005) is hereby repealed. 
(2)Notwithstanding such repeal, anything done or deemed to have been
done or any action taken or deemed to have been taken under the said Ordinance
shall be deemed to have done or taken under this Act.

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