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The KERALA INVESTMENT PROMOTION AND FACILITATION ACT, 2018

Kerala · state statute
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ACT 13 OF 2018
THE KERALA INVESTMENT PROMOTION AND
FACILITATION ACT, 2018* 
An Act to give effect to certain proposals of the Government of
Kerala  to  avoid  delay  in  granting  various  licences,
permissions,  approvals,  clearances  required  under  various
enactments  and  to  provide  for  other  matters  connected
therewith or incidental thereto.
Preamble.β€”WHEREAS, it is  expedient  to give effect to certain
proposals of the Government of Kerala to avoid delay in granting
various licences, permissions, approvals, clearances required under various
enactments and to provide for other matters connected therewith or
incidental thereto;
BE it enacted in the Sixty-ninth Year of the Republic of India, as
follows:β€”
1. Short title and commencement. β€”(1) This Act may be called
the Kerala Investment Promotion and Facilitation Act, 2018.
(2) It shall be deemed to have come into force on the 20th
day of October, 2017.
   2. Amendment of Act 34 of 1960.β€” In the Kerala Shops and
Commercial Establishments Act, 1960 (34 of 1960), in section 5A, in
sub-section (4), after the words "in the prescribed form", the words
"on the same day of the receipt of application" shall be inserted.
* Received the assent of the Governor on the 7 th day of April, 2018 and published in the Kerala Gazette Extraordinary
No. 925 dated 7th April, 2018.
(3)  Amendment of Act 20 of I980.β€” In the Kerala Headload
Workers  Act, 1978 (20 of 1980), after section 9, the following
section shall be inserted, namely:β€”
 "9A. Engaging the services of headload workers.β€”(1) Subject
to the provisions of this Act, an employer shall engage a headload
worker registered under the Act in connection with the work of his
establishment:
Provided that in the case of works which require assistance of
skilled persons and which are to be done with due diligence or
require the aid of machinery, such works may be done by engaging
the persons having such skill or by the machinery, as the case may
be.
(2) Every Headload worker shall be entitled to wages as
prescribed by the Government under the provisions of this Act only if
their services have been engaged by the employer or the owner of
an establishment.".
4.  Power  to  make  rules.β€”(l)  The  Government  may,  by
notification  in  the  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 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 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.
5.  Repeal and saving.β€” (1) The Kerala Investment Promotion
and Facilitation Ordinance, 2018 (8 of 2018) 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 Kerala Shops and Commercial Establishments Act, 1960 (34
of 1960) and the Kerala Headload Workers Act, 1978 (20 of 1980) as
amended by the said Ordinance, shall be deemed to have been done
or taken under the above said Acts as amended by this Act.
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