The KERALA TOURISM (CONSERVATION AND PRESERVATION OF AREAS) ACT, 2005

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THE KERALA  TOURISM (CONSERV ATION AND PRESERV ATION OF AREAS)
ACT, 2005
(ACT 8 OF 2005) 
CONTENTS
Preamble.
Sections:
1. Short title, extent and commencement
2. Definitions
3. Special Tourism Zone
4. Constitution of Tourism Conservation and Preservation Committee
5. Functions of the Committee
6.  Powers of the Committee
7. Appeal
8. Protection of action taken in good faith
9. Direction by Government
10. Power to make rules
11. Power to remove difficulties
12. Repal and Saving.
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[Translation in English of “2005- ലെ കേരള വികേ
ോദസ ഞ്ചോരം (കേഖളുലെ സംരക്ഷണവും
പരിപോ
വും) ആക്റ്റ്" published under the authority of the Governor.]
ACT 8 OF 2005 
THE KERALA TOURISM (CONSERV ATION AND PRESERV ATION OF AREAS) ACT,
2005 *
An Act to provide for the conservation and preservation of tourist areas in the State and for
matters connected therewith or incidental thereto.
Preamble.— W HEREAS it is expedient to make provision for the conservation and
preservation of tourist areas in the State and for matters connected therewith or incidental
thereto;
BE it enacted in the Fifty-sixth Year of the Republic of India as follows:— 
1.  Short title, extent and commencement .— (1) This Act may be called the Kerala
Tourism (Conservation and Preservation of Areas) Act, 2005.
(2) It extends to the whole of the State of Kerala.
(3) It shall be deemed to have come into force on the 9th day of February 2005.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) ‘committee’ means the State Tourism Conservation and Preservation Committee
constituted under  section 4;
(b)  ‘local  authority’  means  a  village  panchayat  constituted  under  the  Kerala
Panchayat  Raj  Act,  1994  (13  of  1994)  or  a  municipality  constituted  under  the  Kerala
Municipality Act, 1994 (20 of 1994);
(c) ‘prescribed’ means prescribed by rules made under this Act;
(d) ‘special tourism zone’ means any area declared as such by Government under
section 3;
* Received the assent of the Governor on the 9 th day of March, 2005 and published in the Kerala
Gazette Extraordinary No. 530  dated 9st March, 2005.
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(e) ‘State’ means the State of Kerala;
(f) ‘tourist area’ means any area notified by the Government in the Gazette to be a
tourist area for the purposes of this Act;
3. Special Tourism Zone. — (1) The Government may, by notification in the Gazette,
declare any area which have or likely to have the importance of tourism within the State as
‘Special  Tourism  Zone’  for  the  conservation,  preservation  and   integrated  planned
development of such area.
(2)  No developmental activity including construction in a Special Tourism Zone
shall  be  carried  except  in  accordance  with  such  guidelines  as  may  be  issued  by  the
Committee.
4.  Constitution  of  Tourism  Conservation  and  Preservation  Committee.—(1)   The
Government  shall  constitute  a  Committee  called  the  ‘State  Tourism  Conservation  and
Preservation Committee’ (hereinafter referred to as the ‘Committee’) for the conservation,
preservation and integrated planned development of the Special Tourism Zone.
(2) The Committee shall consist of the following members, namely:—
(i) Secretary to Government in-charge of Tourism;
(ii) Secretary to Government in-charge of Local Self Government Department;
(iii) Director, Department of Tourism;
(iv) Director, Department of Archeology;
(v) Chief Town Planner, Government of Kerala.
(vi) An expert in the field of environment, nominated by the Government;
(vii) An expert in the field of tourism nominated by the Government.
(3) The Secretary to Government in-charge of Tourism shall be the  Chairman of the
Committee and the Director, Department of Tourism shall be the Convener.
(4) The Chairman shall co-opt to the committee the District Town Planner and the
President or Chairperson, as the case may be, of the local authority having jurisdiction over
the area of Special Tourism Zones and every member as so co-opted shall be entitled to take
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part in the meetings of the Committee and to vote in respect of such matters as may be 
prescribed:
Provided that; any officer or officers may be made as the special invitees at the time
and place to be fixed by the committee and their proposals and suggestions may be recorded.
(5) The Committee shall meet at such times and places to be fixed by the Chairman
and shall observe such procedure in regard to its transaction of business, as may be decided
by the Committee.
(6) The Committee shall have perpetual succession and a common seal.
(7) The Committee may sue and be  sued in the name of Convener.
5. Functions of the Committee. —(1) Notwithstanding anything contained in any other
law, the Committee shall have the following functions, namely:—
(i) to prepare a sustainable Tourism Development Plan including guidelines to
regulate developmental activities in the Special Tourism Zone;
(ii) to implement or co-ordinate the implementation of the Tourism Development
Plan;
(iii) to enforce the guidelines issued in respect of the development of  Special
Tourism Zones;
(iv)  to  ensure  proper  and  systematic  programming  by  rendering  appropriate
advice to the local authorities in regard to formulation of projects and determination of
priorities in accordance with the Tourism Development Plan;
(v)  to  direct  the  concerned  local  authority  for  taking  action  against  any
unauthorized construction  or land development  or encroachment  or such  other  activities
inconsistent with or in violation of the Tourism Development Plan;
(vi) to monitor the guidelines prepared by the Committee;
(vii) to perform such other functions as may be prescribed or entrusted to it by the
Government.
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(2) The local authority concerned shall, notwithstanding anything contained in any
other law for the time being in force, act in accordance with the advice or direction in
writing, if any, given by the Committee in respect of any area comprised in a special Tourism
Zone and it shall intimate to the Committee such action as so taken by it.
(3) The Tourism Development Plan prepared by the Committee shall indicate the
manner in which the land within the Special Tourism Zone shall be used, whether by carrying
out development therein or by conservation, or such other matters as are likely to have any
substantial influence on the development of the area under the Special Tourism Zone.
(4) Every Tourism Development Plan shall contain the following elements which are
necessary for the integrated sustainable development of the area with major thrust on tourism
development, namely:—
(i) policy in relation to the land use plan and allocation of land for tourism
purposes;
(ii) policy in relation to the built up area, environment including architectural
control and form;
(iii) strategies towards conserving and strengthening existing natural systems and
enhancing the visual qualities of the region; and
(iv) regulations, if any, found necessary for the implementation of the Tourism
Development Plan.
6. Powers of the Committee .— Notwithstanding anything contained in any other law,
the Committee shall have the following powers, namely:—
(i) to approve the Tourism Development Plans and guidelines for the Special
Tourism Zone;
(ii) to sanction the projects or developmental activities in the Special Tourism
Zone;
(iii) to review implementation of the Tourism Development Plan or guidelines
prepared for Special Tourism Zone;
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(iv) to approve the regulations for conservation of the Special Tourism Zone;
(v)  to  call  for  information  from  Government  Departments  or  from  the  local
authorities or other authorities or persons with regard to their projects and priorities relating
to Special Tourism Zone;
(vi) to conduct or cause to be conducted such surveys and studies, as it may
consider necessary, for the sustainable development of Special Tourism Zones;
(vii) to take such action as may be prescribed for the preservation of any land or
building having any tourist importance and situated in a Special Tourism Zone;
(viii)  to  provide  for  infrastructure  facilities  which  may  be  necessary  for  the
purpose of sustainable development of a Special Tourism Zone, in such manner as may be
prescribed;
(ix) to authorise any officer or institutions to enter upon any land or premises at
all reasonable times and to do such things thereon, as may be necessary for the purpose of
lawfully  carrying  out any  work or activities for the  sustainable  development  of  Special
Tourism Zones:
Provided that no person shall enter any land or building without giving the occupier
therof at least five days notice of  his intention to do so.
7. Appeal.— (1) Any person aggrieved by an order passed by the Committee in exercise
of its powers under section 6 may, within ninety days from the date of receipt of such order,
file an appeal to the Government:
Provided that the Government may entertain an appeal filed after the expiry of
ninety days, if it is satisfied that there was sufficient cause preventing the appellant from
filing the appeal in time.
(2) Every appeal shall be accompanied by an attested copy of the order appealed
against and such fees, as may be prescribed.
(3) The appellant shall have the right to appear either in person or through a counsel
or a duly authorised agent, and the committee against whose order the appeal has been filed,
may be represented by such officer, counsel or person as the Committee may authorise.
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(4) The Government may after giving the appellant an opportunity of being heard
and after making such enquiry as it may deem fit, dispose of the appeal recording the reasons
thereof.
(5) Every  appeal  filed  under  this section  shall  be  disposed  of as  early  as  may
reasonably be practicable, but not later than four months from the date of filing of such
appeal.
8.  Protection  of  action  taken  in  good  faith.— No  suit,  prosecution  or  other  legal
proceedings shall lie against the Committee or the appellate authority or any other officer in
respect of anything which is in good faith done or intended to be done under this Act or any
rule made thereunder.
9. Direction by Government .— The Government may, from time to time, issue to the
Committee such general or special directions of policy as may be deemed necessary or
expedient for the purpose of carrying out the objects of this Act and the Committee shall be
bound to comply with such directions.
10. Power to make rules. — (1) The Government may, by notification in the Gazette,
make rules, either prospectively or  retrospectively, for carrying out all or any of the purposes
of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:—
(a)  the  procedure  to  be  followed  by  the  Committee  for  the  preparation  of
guidelines for the Special Toursim Zones;
(b)  the  procedure  to  be  followed  by  the  Committee  for  the  preparation  of
regulations for the Special Tourism Zones;
(c) the procedure to be followed in providing for other infrastructure facilities for
the purpose of sustainable development of Special Tourism Zone;
(d) the fees leviable under the Act;
(e) any other matter which is to be, or may be prescribed.
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(3) Every rule made under this Act shall be laid, as soon as may be after it is made,
before the Legislative Assembly, while it is in session, for a total period of fourteen days
which may be comprised in one session or two successive sessions and if, before the expiry
of the session in which it is so laid or the session immediately following, the Legislative
Assembly makes any modification in the rule or decides that the rule should not be made, the
rule shall, thereafter, have effect only in such modified form or be of no effect, as the case
may be; so, however, that any such modification or annulment shall be without prejudice to
the validity of anything previously done under that rule.
11.  Power to remove difficulties .— (1) If any difficulty arises in giving effect to the
provisions of this Act, the Government may, by order, published in the Gazette, do anything
not inconsistent with the provisions of this Act or the rules made thereunder, which appears
to them necessary to remove the difficulty:
Provided  that  no  such  order  shall  be  passed  after  two  years  from  the  date  of
commencement of this Act.
(2) Every order made under sub-section (1) shall be laid before the Legislative
Assembly.
12.  Repeal and Saving .—(1) The Kerala Tourism (Conservation and Preservation of
Areas) Ordinance, 2005 (4 of 2005) is hereby repealed.
Notwithstanding  such  repeal,  anything  done  or  any  action  taken  under  the  said
Ordinance, shall be deemed to have been done or taken under this Act.  
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