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The Kerala Industrial Single Window Clearance Boards and Industrial Township Area Development Act, 1999

Kerala · state statute
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[Translation  in  English  of  “1999-ലലെ  കകേരള  വവ്യവസസായ  ഏകേജസാലെകേ
കക്ലിയറൻസസ്  കബസാർഡഡുകേളഡുളും  വവ്യവസസായ  നഗരപ്രകദേശ  വക്ലികേസനവഡുളും  ആകസ്"
published under the authority of the Governor.]
ACT 5 OF 2000
THE KERALA INDUSTRIAL SINGLE WINDOW CLEARANCE
BOARDS AND INDUSTRIAL TOWNSHIP AREA
DEVELOPMENT ACT, 1999 *
AN 
ACT
to provide special provision for speedy issue of various licences, clearances
and certificates 1[including renewal thereof required for setting up and
for expansion, diversification and modernisation of enterprises] in the
State of Kerala and for the Constitution of Industrial Township Area
Development Authorities and for matter  connected therewith.
Preamble.—WHEREAS it is necessary to make special provision to promote
and assist the orderly establishment and rapid growth and development of
industries2 [and enterprises] in the State;
3[AND WHEREAS, for the speedy issue of various licences, clearances and
certificate required for setting up and running of enterprises and for issue of
clearances  for expansion, diversification, modernisation and renewal of licences
for enterprises in the State of Kerala and for that purpose it is necessary to
establish Single Window Clearance Boards at the State, District and Industrial Area
Level];
AND WHEREAS clause (1) of Article 243 Q of the Constitution provides for
the constitution of an industrial Township in the manner provided therein;
AND  WHEREAS   for  the  purpose  of  administering  the  affairs  of  an
Industrial Township and to promote the industrial growth, it is necessary to
constitute Industrial Area Development Authorities;
* Received the assent of the Governor on the 18th day of January, 2000 and published in the Kerala 
Extraordinary Gazette No.770 dated 27th  April, 2000.
1 Substituted by Act 14 of 2018( w.e.f. 20-10-2017).
2 Inserted by  Act 14 of 2018( w.e.f. 20-10-2017).
3 Substituted by Act 14 of 2018( w.e.f. 20-10-2017).
2
AND WHEREAS  it is expedient to provide for all these and other matters
connected therewith;
Be it enacted in the Fiftieth Year of Republic of India as follows:—
CHAPTER I
Preliminary
1. Short title, extent and commencement .—(1) This Act may be called the
Kerala Industrial Single Window Clearance Boards and Industrial Township Area
Development Act, 1999.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force on 1such date as the Government may, by
2notification in the Gazette, appoint.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) "Authority" means  any Department of Government or Government
agencies or Grama Panchayat or Municipality  3[any statutory bodies or service
providers] which are required to issue clearances or licences or certificates or
permits 4[or consents or renewal thereof] for setting up an 5[enterprise]  in the
State;
(b) "Bye-laws" means bye-laws made by the State Board under this Act;
6[(ba)  “Clearances”  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 and
renewal  thereof from, time to time, for setting up and running, expansion,
diversification and modernisation of any enterprise in the State of Kerala;]
(c) "District Board" means the  District Single Window Clearance Board
constituted under sub-section (1) of section 4 of this Act;
1 1st day of June,2000 vide S.R.O.No. 457/2000 dated 30-05-2000 published in the Kerala Gazette 
Extraordinary No. 996  dated 30th May,2000.
2 G.O (Rt) No.596/2000/ID dated 30th May, 2000 and published as S.R.O No. 457/2000  in the Kerala Gazette
Extraordinary  No.996 dated 30th May, 2000 ( w.e.f. 01-06-2000).
3 Inserted by  Act 14 of 2018( w.e.f. 20-10-2017).
4 Inserted by  Act 14 of 2018( w.e.f. 20-10-2017).
5 Substituted  by  Act 25 of 2024(w.e.f.02-11-2024).
6 Inserted by  Act 14 of 2018( w.e.f. 20-10-2017).
3
1[(ca) “District Grievance Redressal Committee” means  District Grievance
Redressal Committee constituted under section 13A of the Act;
(cb) “Designated Officer” means an officer appointed as specified in clause
(a) of section 2, for providing service to any person who has submitted an
application for obtaining clearances or licences or certificates or permits or
consents or renewal thereof which the State Government is empowered to issue
under various Central and State enactments or any other matter incidental
thereto, for setting up, running, expansion, diversification or modernisation of
enterprises;]
(d)  "designated  Authority  of  Industrial  Area"  means   the  Managing
Director of the Industrial Area or any other Officer appointed by the Government
for purposes of promoting and maintaining the industrial area concerned;
2[(da) “Enterprise” means any undertaking or factory or workshop or
workplace or any other establishment or industry engaged in manufacturing or
processing or providing services or any commercial activities including trade or
investment in infrastructure;]
(e) "Government" means the Government of Kerala;
(f) "Industrial Area" means any area in the State declared to be an
industrial area by the Government by notification in the Gazette from time to
time and includes industrial estates, development areas, development plots, mini
industrial estates, industrial parks and growth centres;
(g) "Industrial Area Board" means the Industrial Area Single Window
Clearance Board constituted under sub-section (1) of section 5 of the Act;
(h) "Industrial Township Area" means  an industrial area referred to in
section 14 of this Act;
(i)  "Industrial  Township  Authority"  means  an  Industrial  Township
Authority constituted for an industrial township area under section 15 and the
Scheme;
 3[(j) xxxx]
(k) "Prescribed" means prescribed by rules made under this Act;
1 Inserted by Act 19 of 2022 (w.e.f. 14-09-2021).
2 Inserted by  Act 14 of 2018( w.e.f. 20-10-2017).
3 Omitted by Act 14 of 2018 (w.e.f. 20-10-2017).
4
(l) "Scheme" means the Scheme framed under this Act;
1[(la) “service” means any act or steps to be taken by a designated officer
within the period as provided under the Act, or rules or bye laws made
thereunder with respect to processing of application submitted by any person for
obtaining clearances, licences, certificates, permits, consents or renewal thereof
which the State Government is empowered to issue under various Central and
State enactments or any other matter incidental thereto, for setting up, running,
expansion, diversification or modernisation of enterprises;]
2[(m) xxxx]
(n) "State Board" means the "Kerala State Single Window Clearance Board"
constituted under sub-section (1) of section 3 of the Act;
(o) "State enactment" means a Proclamation or Act of Travancore or Cochin,
an Act or Ordinance of Travancore-Cochin, an Act passed by the Legislature of the
State of Kerala, or an Ordinance promulgated by the Governor and in force in the
State and includes a rule, order, bye-law or regulation made in exercise of a
power conferred by any such Act or Ordinance by the Government or an
authority subordinate to Government.
3[(p) “State Grievance Redressal Committee” means the State Grievance
Redressal Committee constituted under section 13C of the Act.]
CHAPTER II
 State Board, District Boards and Industrial Area Boards
3.  State Board. —(1) For the purpose of speedy issue of various licences,
clearances, certificates required under various State enactments for 4[setting up,
running, expansion, diversification and modernisation of enterprises]  in the State,
the Government may, by notification, constitute Single Window Clearance Board
for the State to be called the Kerala State Single Window Clearance Board.
(2) The Kerala State Single Window Clearance Board shall be a body
corporate by the name aforesaid having perpetual succession and a common seal.
1 Inserted by Act 19 of 2022 (w.e.f. 14-09-2021).
2 Omitted by Act 25 of 2024(w.e.f. 02-11-2024).
3 Inserted by Act 19 of 2022 (w.e.f. 14-09-2021).
4 Substituted by Act 14 of 2018 ( w.e.f. 20-10-2017).
5
5[(3) The State Board shall consist of the following members, namely:—
(a) Chief Secretary to the Government;
(b) The Secretaries to the Government in charge of Industries, Finance,
Labour, Local Self Government, Revenue, Taxes, Water Resources,
Power, Forests, Environment, Tourism, Health, Investment Promotion
and Public Works Departments;
(c) Managing Director, Kerala State Industrial Development Corporation
Limited;
(d)  Director of Industries and Commerce, Government of Kerala;
(e) Chairman and Managing Director, Kerala State Electricity Board
Limited;
(f) Chief Town Planner;
(g) Chairman, Kerala State Pollution Control Board;
(h) Chief Electrical Inspector;
(i) Director of Factories and Boilers;
(j) Director of Mining and Geology;
(k) Director General, Fire and Rescue Services Department.]
(4) The Chief Secretary to Government shall be the Chairman, 2[Principal
Secretary in charge of Industries department shall be the Vice Chairman] and the
Managing Director, Kerala State Industrial Development Corporation shall be the
Convener of the State Board.
(5) The State Board shall meet 3[at such intervals not exceeding thirty
days] and places to be fixed by the Chairman of the State Board and shall observe
such procedure in regard to its transaction of business as may be made in the
bye-laws.
(6) The State Board may associate itself, in such manner and for such
purposes as may be prescribed with any person whose assistance or advice it may
desire to have in the performance of any of its functions under the Act, and the
person so associated shall have the right to take part in the meetings of the State
Board relating to that purpose as a special invitee and shall not be considered as
a member of the State Board.
5 Substituted by Act 14 of 2018 (w.e.f. 20-10-2017).
2 Inserted by Act 23 of 2019 (w.e.f 07.12.2019).
3 Substituted by Act 14 of 2018 (w.e.f. 20-10-2017).
6
1[(7) For assisting the State Board in discharging the functions of such
Board and for coordinating the functions of various departments and agencies for
discharging such functions, there shall be a secretariat, subject to such terms and
conditions, in such manner as may be prescribed.]
4. District Boards.—(1) For the purpose of speedy issue of various licences,
clearances of certificates required under the various State enactments for 2[setting
up, running, expansion, diversification and modernisation of enterprises having a
capital investment up to rupees fifteen crores] in each district of the State, the
Government may, by notification, constitute a District Single Window Clearance
Board for each district in the State.
(2)  Every  District  Single  Window  Clearance  Board  shall  be  a  body
corporate by the name of the District for which it is constituted, having perpetual
succession and a common seal.
3[(3) Every District Single Window Clearance Board shall consist of the
following members, namely:—
(a) District Collector concerned;
(b) General manager, District Industries Centre;
(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 Board 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;
(f)  The  District  Officer  of  the  Town   and  Country  Planning
Department or any other officer nominated by the Chief Town Planner ;
(g) District Medical Officer;
(h) The Deputy Chief Engineer of the  Electrical Circle of the Kerala
State Electricity Board Limited having jurisdiction over the district;
(i) District Officer, Factories and Boilers;
1 Inserted by Act 23 of 2019 (w.e.f 07.12.2019).
2 Substituted by Act 25 of 2024 (w.e.f. 02-11-2024).
3 Substituted by  Act 14 of 2018 ( w.e.f. 20-10-2017).
7
(j) Divisional Officer, Fire and Rescue Services;
(k) Divisional Forest Officer;
(l) District Labour Officer;
(m) Secretary, Urban Development 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 Tourism 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;
(r) District Officer of the Department of Mining and Geology.]
(4) The Collector of the District shall be the Chairman and the General
Manager, District Industries Centre shall be the Convener of the District Board.
(5) The District Board shall meet 1[at such intervals not exceeding twenty
days] and place to be fixed by the Chairman of the District Board and shall
observe such procedure in regard to its transaction of business as may be made in
the bye-laws;
(6) The District Board may associate itself, in such manner and for such
purposes as may be prescribed with any person whose assistance or advice it may
desire to have in the performance of any of its functions under the Act, and the
person so associated shall have the right to take part in the meetings of the
District Board relating to that purpose as a special invitee and shall not be
considered as a member of the District Board.
5. Industrial Area Boards. —(1) For the purpose of speedy issue of various
licences, clearances or certificates required under the various State enactments for
2[3[setting  up,  running,  expansion,  diversification  and  modernisation]  of
enterprises] in the Various Industrial areas of the State, the Government may, by
1 Substituted by  Act 14 of 2018 ( w.e.f. 20-10-2017).
2 Substituted by  Act 14 of 2018 ( w.e.f. 20-10-2017).
3 Substituted by Act 25 of 2024 ( w.e.f.02-11-2024).
8
notification constitute Single Window Clearance Boards for every industrial areas
in the State to be called Industrial Area Single Window Clearance Board.
(2) Every Industrial area Single Window Clearance Board shall be a body
corporate by name of the Industrial Area for which it is constituted, having
perpetual succession and a common seal.
1[(3) Every Industrial Area Single Window Clearance Board 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;
(d) Designated Authority of industrial area concerned;
(e) District Officer of the State Pollution Control Board;
(f) District Officer of the Electrical Inspectorate;
(g) District Officer of the Town and Country Planning Department;
(h) District Medical Officer;
(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;
(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) Executive Engineer, Kerala Water Authority;
(p) Secretary, District Tourism Promotion Council;
(q) General Manager, District Industries Centre;]
2[(r) in case of a private park declared by Government as Industrial
area, the General Manager, District Industries Centre of the district concerned;]
3[(4) District Collector shall be the Chairman of the Industrial Area Board
and the Designated Authority of the industrial area concerned shall be the
1 Substituted by  Act 14 of 2018 ( w.e.f. 20-10-2017).
2 Substituted by Act 23 of 2019 (w.e.f. 07.12.2019).
3 Substituted by Act 23 of 2019 (w.e.f. 07.12.2019).
9
Convener, and  in the case of private park declared as Industrial Area by the
Government, General Manager, District Industries Centre of the district concerned
shall be the Convener of the Industrial Area Board.]
(5) The Industrial Area Board shall meet at such time and place to be
fixed by the Chairman of the Industrial Area Board and shall observe such
procedure in regard to its transaction of business as may be made in the bye-
laws.
(6) The Industrial Area Board may associate itself, in such manner and for
such purposes as may be prescribed, with any person whose assistance or advice
it may desire to have in the performance of any of its functions under the Act,
and the person so associated shall have the right to take part in the meetings of
the Industrial Area Board relating to that purpose as a special invitee and shall
not be considered as a member of the Industrial Area Board:
1[Provided that in the case of a private park, declared as Industrial Area,
the Chief Executive Officer of the private park concerned shall be a special
invitee.]
6. Exemption from licences etc. —Notwithstanding anything contained in any
law for the time being in force 2[all enterprises being established or proposed to
be established or operating] in industrial area shall be exempted from obtaining
permits from Municipalities or Grama Panchayats Town Planning Department or
Development  Authorities  for  construction  of  buildings  3[including  expansion,
diversification,  modernisation  and  issue  of  trade  licences]  for  starting  an
4[enterprise].
7.  Powers and functions of Industrial Area Boards. —(1) Notwithstanding
anything contained in any law for the time being in force, every person intending
5[for setting up or running or expansion or diversification or modernisation of]
6[enterprises] in any of the notified industrial areas shall submit the application
in the prescribed form to the designated authority of that industrial area for
clearances or licences or certificates  7[or  8[renewal thereof]] required under
various State enactments together with the fee if any to be paid, under the
1 Added by Act 25 of 2024( w.e.f.02-11-2024).
2 Substituted by  Act 14 of 2018( w.e.f. 20-10-2017).
3 Inserted by   Act 14 of 2018( w.e.f. 20-10-2017).
4 Substituted by Act 25 of 2024 ( w.e.f.02-11-2024).
5 Substituted by Act 25 of 2024( w.e.f.02-11-2024).
6 Substituted by  Act 14 of 2018( w.e.f. 20-10-2017).
7 Inserted by  Act 14 of 2018( w.e.f. 20-10-2017).
8 Substituted by Act 25 of 2024( w.e.f.02-11-2024).
10
respective enactment. The application shall also contain such details as may be
prescribed.
(2)  The  Industrial  Area  Board  shall  after  complying  the  procedure
prescribed in this behalf and within thirty days from the date of receipt of the
application take a decision 1[xxxx],—
(a) 2[to issue the licence, renewal of licences] or permission applied for
without any modifications or with such modifications as it thinks
to fit to make; or
(b) to refuse clearance if it is of the opinion that the proposed
construction, establishment or installation is objectionable.
(3)  The  decision  taken  by  the  Industrial  Areas  Board  shall  be
communicated to the applicant  and the authority concerned by the designated
authority of the Industrial Area Board 3[if no communication is received by the
applicant within thirty days from the date of submission of application to the
Board, the permission applied for shall be deemed to have been granted by the
Board for such period requested for in the application].
8.  Powers and functions of District Board. —(1) Notwithstanding anything
contained in any law for the time being in force, every person 4[intending for
setting up or running or expansion or diversification or modernisation of] any
5[enterprises having capital investment upto fifteen crores] rupees shall submit the
application in the prescribed form to the Convener of the District Board for
clearances or licences or certificates 6[or renewal thereof] required under various
State enactments along with the required fee under the respective enactment. The
application shall contain such details as may be prescribed.
(2) The District Board shall, after complying the procedure prescribed in
this behalf and within 7[thirty days] from the date of receipt of the application
take a decision 8[xxxx],—
1 Omitted by  Act 14 of 2018( w.e.f. 20-10-2017).
2 Substituted by  Act 14 of 2018( w.e.f. 20-10-2017).
3 Inserted by  Act 14 of 2018 ( w.e.f. 20-10-2017).
4 Substituted  by Act 25 of 2024 ( w.e.f.02-11-2024).
5 Substituted by  Act 14 of 2018 ( w.e.f. 20-10-2017).
6 Inserted by Act 25 of 2024 ( w.e.f.02-11-2024).
7 Substituted by  Act 14 of 2018 ( w.e.f. 20-10-2017).
8 Omitted  by  Act 14 of 2018 ( w.e.f. 20-10-2017).
11
(a) to recommend to the authority concerned the issue of the licence or
permission  applied  without  any  modifications  or  with  such
modifications as it thinks fit to make; or
(b)  refuse  clearance  if  it  is  of  the  opinion  that  the  proposed
construction, establishment or installation is objectionable.
(3) The decision taken by the District Board shall be communicated to the
applicant and the authority concerned by the Convener of the District Board 1[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 the date of submission of application to the Board, the clearance, licence or
certificate or renewals thereof applied for, shall be deemed to have been issued
after the expiry of said period of thirty days].
2[(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 3[setting up or running
or expansion or diversification or modernisation] 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
such order of refusal or grant of licence with conditions within thirty days from
the date of receipt of order from the District Board, 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.]
9. Powers and functions of the State Board. —(1) Notwithstanding anything
contained in any law for the time being in force every person intending 4[for
setting up or running or expansion or diversification or modernisation of] any
5[enterprise having total investment above fifteen crore rupees] in the State, shall
submit the application for clearances or licences or certificates  6[or renewals
thereof]  required under various State enactments to the Convenor of the State
Board in the prescribed form along with the required fee under the respective
enactment. The application shall contain such details as may be prescribed.
1 Inserted  by  Act 14 of 2018 ( w.e.f. 20-10-2017).
2 Substituted by  Act 14 of 2018 ( w.e.f. 20-10-2017).
3 Substituted by Act 25 of 2024 ( w.e.f.02-11-2024).
4 Substituted by Act 25 of 2024 ( w.e.f.02-11-2024).
5 Substituted by  Act 14 of 2018 ( w.e.f. 20-10-2017).
6 Inserted by  Act 14 of 2018 ( w.e.f. 20-10-2017).
12
(2) The State Board shall after complying the procedure prescribed in this
behalf and within 1[thirty days] from the date of receipt of the application take a
decision 2[xxxx],—
(a) 3[to issue licence, clearance or renewal] or permission applied for
without any modification or with such modification as it thinks
fit to make; or
(b) to refuse clearance if it is of the opinion that the proposed
construction, establishment or installation is objectionable.
(3) The decision taken by the State Board shall be communicated to the
applicant and the authority concerned by the Convenor of the State Board 4[and
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 the date of submission of application to the Board, the clearance,
licence, certificate or renewals thereof applied for shall be deemed to have been
issued after the expiry of said period of thirty days].
5[(4) The State Board is also empowered to recommend to the Government
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 operation or running of such enterprises in
the State and suggest remedial measures to address such issues and problems in
good industrial practice to promote investment opportunity in the State.]
6[10.  Issuing  of  clearances,  licences,  certificates  or  renewals  thereof.—
Notwithstanding anything contained in any other law for the time being in force
or any other provisions of this Act, the State Board, District Boards or Industrial
Area Board shall issue the clearance, licence, certificate or renewal thereof, as the
case may be,  within thirty 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, the clearance, licence, certificate or renewal
thereof, as the case may be, shall be deemed to have been issued after the expiry
of the said period of thirty days.]
1 Substituted by  Act 14 of 2018 ( w.e.f. 20-10-2017).
2 Omitted by  Act 14 of 2018 ( w.e.f. 20-10-2017).
3 Substituted by  Act 14 of 2018 ( w.e.f. 20-10-2017).
4 Inserted by  Act 14 of 2018( w.e.f. 20-10-2017).
5 Inserted by  Act 14 of 2018( w.e.f. 20-10-2017).
6 Substituted by  Act 14 of 2018( w.e.f. 20-10-2017).
13
1[10A.  Power of the Chairman of the State Board to recommend to take
disciplinary action against the members of the State Board, District Board and
Industrial Area Board who have failed to attend the meeting .—The Chairman of
the State Board may, suo-motu or on the report of the District Board or Industrial
Area Board, if satisfied that any member of the State Board, District Board or
Industrial Area Board has failed to attend the meeting of such Board without
reasonable cause, recommend to the head of department of such member to take
departmental proceedings against such member for dereliction of duty.]
11. Appellate Jurisdiction of the State Board. —(1) It the clearance or licence
or certificate applied for before the District Board or Industrial Area Board has
been refused or 2[issued with such conditions], the aggrieved person may, within
thirty days from the date or receipt of 3[such order of refusal or order] 4[issued
with such conditions] from the District Board or Industrial Area Board, file an
appeal to the state board against such order, in the manner prescribed.
(2) The State Board may, if it is considered necessary call for additional
details and on production of such details and after giving an opportunity of being
heard to the aggrieved person and the authority concerned, shall dispose of such
appeal within a period of 5[twenty days] from the date of filing the appeal. The
decision of the State Board on such appeal shall be final.
(3) The State Board may, with the previous approval of the Government
delegate to any Sub Committee constituted by it such of its powers and functions
under this section subject to such restrictions and conditions, if any, as it may
specify.
(4) The composition of the Sub Committee shall be such as may be
prescribed.
(5) Notwithstanding anything contained in any law for the time being in
force any licence, clearance or certificate granted on the basis of a decision under
this section by the State Board or a Sub Committee of the State Board shall be
deemed to be issued under the respective statute.
1 Inserted  by Act 23 of 2019 (w.e.f.07.12.2019).
2 Substituted by  Act 14 of 2018 ( w.e.f. 20-10-2017).
3 Inserted  by Act 25 of 2024 ( w.e.f.02-11-2024).
4 Substituted by  Act 14 of 2018 ( w.e.f. 20-10-2017).
5 Substituted by  Act 14 of 2018 ( w.e.f. 20-10-2017).
14
1[11A. Overriding powers of the State Board, District Boards and Industrial
Area Boards. —(1) Notwithstanding anything contained in any other law for the
time being in force, or other provisions of the Act, the State Board, the District
Boards or the Industrial Area Boards as the case may be, on receipt of composite
application prescribed under rules along with recommendations of the departments
concerned, shall issue a composite licence to the applicant 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 period 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 shall expire on the expiry of the
lease or rental period or five years whichever is earlier and such authorities shall
not cancel such licence without the consent of the respective Board.
(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
information 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 and may, impose a penalty, as may be prescribed, on such enterprises
after issue of a show cause notice and after considering any submission, if any,
made by such enterprises.
(3) All composite licences issued under this section shall be renewed for a
period of five years at a time on submission of an application along with the
prescribed fee, within seven days from the date of receipt of such application.]
12. Appellate Jurisdiction of the Government. —Any person aggrieved by the
decision of the State Board other than on matters decided by it on appeal under
section 11 over the decision of the District Board or Industrial Area Board, as the
case may be, may appeal to the Government within thirty days from the date of
such decision by the State Board and the decision of the Government on such
appeal shall be final.
1 Inserted  by  Act 14 of 2018 ( w.e.f. 20-10-2017).
15
13. Powers of the State Board to revoke the Licences. —(1) If the State Board
may suo motu at any time examine the record of a District Board or an Industrial
Area board in respect of any proceedings under this Act and if the State Board is
satisfied that the clearance or certificate of licence under this Act has been
obtained by misrepresentation as the essential facts, the State Board may, by
order direct the authority concerned to revoke the licence or certificate or
clearance issued by them:
Provided that the State Board shall not pass any order affecting any party
unless such party has had an opportunity of making a representation.
(2) If the State Board is satisfied either on a reference made to it in this
behalf or otherwise, that any person or authority to whom or to which the
clearance or licence or certificate has been issued under this Act failed to
establish or to take effective steps to establish the  1[enterprise] in respect of
which the clearance or licence or certificate has been issued within the time
specified therein or within such extended time as the State Board may think fit to
grant in any case, it may direct the authority concerned to revoke the licencc or
clearance or certificate already granted.
(3) The provisions contained in the proviso to sub-section (1) shall apply
in respect of any proceedings under sub-section (2) as they apply to a proceeding
under sub-section (1).
2[CHAPTER IIA
DISTRICT GRIEVANCE REDRESSAL COMMITTEE AND STATE GRIEVANCE REDRESSAL
COMMITTEE
13A.  District  Grievance  Redressal  Committee.—(1)  The  Government  may,
constitute a committee to be called ‘District Grievance Redressal Committee’ at
District level to monitor that the services to any person who has submitted an
application for obtaining clearances or certificates, licences, permits, consents or
renewal thereof which the State Government is empowered to issue under various
Central and State enactments or any other matter incidental thereto, for setting
up, running, expansion, diversification or modernisation of enterprises having
Capital Investment upto ten crores are provided within the time limit as provided
under this Act or rules or bye-laws made thereunder, and also to redress the
grievances of such persons in an effective manner and to take steps against such
1 Substituted by Act 25 of 2024 ( w.e.f.02-11-2024).
2 Inserted by Act 19 of 2022 (w.e.f. 14-09-2021).
16
designated officer who has failed or caused delay to provide the services, as may
be prescribed, within such time limit, without sufficient and reasonable cause.
(2) Every District Grievance Redressal Committee shall consist of the
following members, namely:—
(a) District Collector;
(b) General Manager, District Industries Centre;
(c) Regional Joint Directoir, Urban Affairs;
(d) Deputy Director, Panchayat;
(e) District Labour Officer;
(f) District Officer of the State Pollution Control Board;
(g) Deputy Chief Engineer, the Kerala State Electricity Board Limited;
(h) District level officer of the Department,  nominated by the
Chairperson, as he deems fit.
(3) The District Collector shall be the Chairperson and the General
Manager, District Industries Centre shall be the Convenor of the District Grievance
Redressal Committee.
(4)  The District Grievance Redressal Committee shall meet at least once
in every months, at such place and time as decided by the Chairperson. The first
meeting in a month shall be on the first working day of that month. The
procedure in regard to transaction of business of the said Committee shall be as
decided by the Chairperson of the Committee. The quorum shall not be less than
one third of the total members.
13B. Powers and Functions  of the District Grievance Redressal Committee .—
(1) Notwithstanding anything contained in any other law for the time being in
force, any person aggrieved by the denial or delay in providing the services as
may be prescribed, within the time limit provided under this Act or rules or bye-
laws made thereunder, by a designated officer, may submit an application through
online or otherwise in such manner and in such form, as may be prescribed, to
the Convenor of the District Grievance Redressal Committee specifying the nature
of denial or delay of service, within thirty days from the date of expiry of such
time limit:
17
Provided  that  the  Convenor  of  the  said  Committee  may  admit  an
application after the expiry of the period of thirty days if he is satisfied that the
applicant had sufficient cause for not filing the application within such time.
(2) On receiving an application under sub-section (1), the Convenor or the
officer authorised by him shall duly acknowledge the receipt and the Convenor
shall keep register of the applications received, as prescribed.
(3) The Convenor shall call for the report from the designated officer on
the application received under sub-section (1)  within five days from the date of
receipt of application and the designated officer concerned shall furnish the
report  called  for  within  seven  days  and  on  receipt  of  such  report,  after
considering  such report and after giving an opportunity of being heard to the
applicant and the designated officer concerned, dispose the application, within a
period of thirty days from the date of receipt of application either directing the
designated officer to provide the service, within a specified time or rejecting the
application, and the decision thereon shall be intimated to the designated officer
concerned and the applicant with reasons to be recorded in writing.
(4)  The  Chairperson  of  District  Grievance  Redressal  Committee  shall
forward applications which are not disposed within the time as specified in sub-
section (3), to the State Grievance Redressal Committee with reasons for not
disposing  the  applications  within  the  said  time  limit,  and  in the  case of
application submitted through online, the District Grievance Redressal Committee
shall forward the applications which are not disposed of to the State Grievance
Redressal Committee through online and the said matter shall be informed to the
applicant in writing, and such application shall be deemed to be an appeal to the
State Grievance Redressal Committee and such procedure as may be specified
under section 13E shall be followed in disposing such appeals.
13C.  State Grievance Redressal Committee .—(1)  The  Government may,
constitute a Committee to be called ‘State Grievance Redressal Committee’ at
State level to monitor the services to a person who has submitted an application
for  obtaining  clearances,  certificates,  licences,  permits,  consents  or  renewal
thereof which the State Government is empowered to issue under various Central
and State enactments or any other matter incidental thereto, for setting up,
running,  expansion,  diversification  or  miodernisation  of  enterprises  having
Capital Investment exceeding ten crores are provided within the time limit as
provided under this Act or rules or bye-laws made thereunder, and also to redress
the grievances of such persons in an effective manner and to initiate action
18
against such designated officer who has denied or caused delay in providing
service as may be prescribed within such time limit without sufficient and
reasonable cause.
(2) The State Grievance Redressal Committee shall consist of the following
members, namely:—
(a)  The  Secretary  to  Government,  in  charge  of  the  investment
promotion, in the Industries and Commerce Department;
(b) The Secretary to Government in charge of Local Self Government
Department or an officer not below the rank of Special Secretary, Local Self
Government Department, nominated by him;
(c) Law Secretary, or an officer not below the rank of  Additional Law
Secretary, Law Department nominated by him;
(d) a person retired from the Government Service, who was holding the
post, not below the rank of Principal Secretary, appointed by the Government;
(e) Land Revenue Commissioner;
(f) Labour Commissioner;
(g) Chairperson, Kerala State Electricity Board Limited;
(h) Chairperson, State Pollution Control Board;
(i) Director of Factories and Boilers Department;
(j) Director of Industries and Commerce;
(k) Secretary or Director of the Department as may be nominated by
the Chairperson, as he deems fit.
(3) The term of office of the member appointed under clause (d) of sub-
section (2), shall be such period i.e., three years or till another person is
appointed as member by the Government to that post, whichever is earlier. The
conditions of service and salary of such person appointed shall be as fixed by
Government by order.
(4)  The Chairperson and Convenor of the State Grievance Redressal
Committee shall be as decided by the Government from among the members of
the Committee. The State Grievance Redressal Committee shall meet at least once
19
in every month at such time and place as may be decided by the Chairperson. The
procedure in regard to the transaction of business of the said Committee shall be
such as may be determined by the Chairperson of the Committee. The quorum
shall not be less than one third of the total members.
13D. Powers and functions of the State Grievance Redressal Committee .—(1)
Notwithstanding anything contained in any other law for the time being in force,
any person aggrieved by the denial or delay in providing the services as may be
prescribed within the time limit, as provided under this Act or rules or bye-laws
made thereunder, by a designated officer, may submit an application through
online or otherwise in such manner and in such form as may be prescribed, to the
Convenor of the State Grievance Redressal Committee, specifying the nature of
denial or delay of service, within thirty days from the date of expiry of such
time limit:
Provided that the Convenor of the State Grievance Redressal Committee
may admit an application after the expiry of the period of thirty days if he is
satisfied that the application had sufficient cause for not filing the application
within such time.
(2) On receiving an application under sub-section (1), the Convenor or the
officer duly authorised by him shall duly acknowledge the receipt and the
Convenor shall keep a register of the applications received, as prescribed.
(3) The Convenor shall call for the report from the designated officer on
the application received under sub-section (1) within five days from the date of
receipt of application and designated officer concerned shall give the report called
for within seven days and on receipt of such report, after considering such report
and after giving an opportunity of being heard to the aggrieved person and the
designated officer concerned dispose the application, within a period of thirty
days from the date of receipt of application either directing the designated
officer to provide the service, within a specified time or rejecting the application,
with reasons to be recorded in writing and it shall be intimated to the designated
officer concerned and the applicant forthwith.
13E.  Appellate jurisdiction of the State Grievance Redressal Committee .—(1)
Any  person  aggrieved  by  any  decision  of  the  District  Grievance  Redressal
Committee may file an appeal before the State Grievance Redressal Committee,
against such decision, within thirty days from the date of receipt of such
decision, in such manner and in such form, as may be prescribed:
20
Provided that the State Grievance Redressal Committee may admit an appeal
after the expiry of the period of thirty days, if it is satisfied that the appellant
had sufficient cause for not filing appeal within such time.
(2) The State Grievance Redressal Committee may call for report from the
District Grievance Redressal Committee and the designated officer concerned, and
after considering such reports, and after giving an opportunity of being heard to
the designated officer and appellant, dispose the appeal within thirty days from
the date of submission of the appeal. The decision of the State Grievance
Redressal Committee on such appeal shall be final.
(3) If any denial or delay with regard to any matter, which comes under
the purview of service, as defined in the Act, has come to the notice of the State
Grievance Redressal Committee, the Committee may suo moto examine the matter
and may pass appropriate orders on it.
(4) Notwithstanding anything contained in any other law for the time
being in force, the decision taken by the State Grievance Redressal Committee
under this section, shall be final and binding on the designated officer.
(5) The designated officer concerned shall implement such decision within
a period of fifteen days from the date of receipt of the decision of the State
Grievance Redressal Committee and if such officer failed or delayed to implement
the decision, he shall be subjected to the penalty as specified in section 13F.
(6) The District Grievance Redressal Committee or the State  Grievance
Redressal Committee, as the case may be, shall have the same powers of a Civil
Court while trying a suit under the Civil Procedure Code, 1908 (Central Act 5 of
1908) in respect of the following matters, namely:—
(a)  summoning  and  enforcing  the  attendance  of  any  person  or
examining him on oath;
(b) discovery and production of documents and deeds;
(c) receiving evidence on affidavit;
(d) issuing commission for the examination of witnesses.
13F.  Penalty.—If the District Grievance Redressal Committee or the State
Grievance Redressal Committee, as the case may be, finds that the designated
officer has failed to provide the services without sufficient and reasonable cause,
21
the Chairperson of the Committee concerned may by order in writing impose a
fine on the designated officer at the rate of two hundred and fifty rupees for
each day’s delay, which shall not exceed ten thousand rupees and may recommend
disciplinary action against such designated officer to the authority concerned’
under the service rules applicable to him:
Provided that the designated officer shall  be given a reasonable opportunity
o

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