· ( 1) This Act may be .called the Kerala Investment Promoti~n and Facilitation (No. 2) Act, 201_8.
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(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 expeditiously as possible, within thirty days, grant th~ permission either ·absolutely .or subject to .such conditions· 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; · .
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(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. "; .
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(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." .