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Section 3: Amendmen·t of Act 20 of .1994.~ln the Kerala Municipality Act, . 1994 (20 of 1994),- ,._ · (1) in section 447

The Kerala Investment promotion and facilitation(No.2) Act 2018(14 of 2018)State Act of Kerala · Act 14 of 2018

·

(a) for the heading ""INDUSTRIES, FACTORIES AND OTHER TRADES" before the said section, the heading "INDUSTRIES, . FACTORIES, TRADES, ENTREPRENEURSHIP .ACTIVITIES AND OTHER SERVICES" shall be substituted; .

. .

(b) in sub-section (2)," after the word ' 4Secretary'', the words Hor Officer authorised by him" shall be i.nserted;

( c) after sub-·sectio~ (2) the following sub-section shall be inserted, namely:-· "(2A) The Secretary or 'the officer authorized by him shall, ' issue an acknowledgement to the applicant on receipt· of application along with the supporting document in such form, as may be prescribed, and ·shall verify the application and all supporting documents immediately on · receipt, . and if any supporting document required is not attached with the application. the Secretary or th~ officer authorized by him sh~ll in11nediately inform ·the applicant in writing the missing documeJ?t. if any. and ·allow the applicant to submit the missing document at the earliest but not later than five days fro~ the date of receipt of application."~ ..

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(d) for sub-section (3), the follQwing sub.-section shall be substituted, namely:- . . . "(3) The· Secretary or t~e ·Of(icer. ·authorized by him shall, within five days· fro~ the date· of receipt of all supporting documents· .along with the prescribed clearance from other departments or authorities, by order.and subjec't to sue~ terms and · .condi~ions, as he deems ' fit,' grant the licence for use of the ·place for conducting any industries, factories, . . .. .

trade~, entrepreneurship activities or other services, as the case may be.";

(e) sub-section (3A) ·shall be omitted;

(f) in sub-section (4),- .

(i) for the brackets, .figures and words "under sections (3), '(3A)" the words, brackets and figure '~under sub-section (3)" shall be substituted;

(ii) for the ~ords " three years" the words ''.ft.ve years" s~all be substitu~ed; · . .

(g) after sub-section (5), the following sub-section shall be . .

inserted, namely:- ..

,•.

"(SA) The license on_ce granted under this ~ection shall . .

· rem·ain in f~rce for a period of five years and shall be renewed wit~out · any application on payment of .the pre~cribed fee, thirty. days before the end of validity of the licence for a further period of five years.";

. . . . . .

(2) in sectign 448,- - · (a) _in sub~section (1 ), after the word ·"Secretary" , the words ·· "or officer authorised by him" shall be inserted; . ' . .

..

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(b) after sub-section (I). the following sub-section shall be inserted, namely:- - .. (~A) The Secretary or the officer· authorized by him 'shall issue an·acknowledgemenr to- the applicant for the receipt of application ~long with the supporting document in such f01;m, as may be prescribed, and the Secretary or the. Officer authorized by· him· shall, verify the ~pplication and all -supporting documents on the spot itself, and if any supporting docun1ent required ~s not attached with the application the Secretary o·r the off~cer authorized by hi?1 shall in1mediately bring to the . .

notice of the applicant,. the missing_ document, if any, and allow the applicant to submit the missing document at the earliest 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:- H(3) The Secretary, or the officer authorised by him sh_all, as soon as may be, after the receipt of application, report to the Cou_ncil .

if the establishment of the factory or workshop or workplace · or the installation of the machinery or manufacturing plant; for w~ich the pennission is applied for is objec~ionable by reason of causing nuisance, pollution due to the density of population ·in the neighbourhoo<;l and Council shall, after having considered the application and report of the Secretary . and of.such ·other .authorities specified in sub-section (4) and as far as , possible, within a _maximum period of thirty days from the date of receipt of application grant the pem1ission applied for absolutely or subject to Sl,lch conditions as it deems fit.";· ( d) in sub-section ( 4 ), in clause (b ), after the words ··report of the District medical officer of health", the words "if the appficant is a hospital, clinic~ para-medical institution, clinical laboratory ·or · other - .

healthcare · institutions" shall be inserted;

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(e) after sub-section (5)· the foll9wing sub-section shall be inserted, namely:-. · . .

"(SA) If any order on. an applicati~n for permission l.lnder this section. is not communicated to the applicant within thirty aays from .the date o{ receipt of application, by the Secretary, the application ~hall be deemed to have been ·allowed for· the period· requited in th~. application . . . .

subject to the Act, rules and bye laws and all conditions which would . . .

have b~en imposed:

. . .

Provided that if any violation is noticed later, ·t~ Secretary with the .

approval of the Council, may cancel the licence after giving a show cause notice to the applican~ stating the reason .for such cancellation and after examining the submission, if any; m~de witpin ·the time specified. ~ the said notice: · . . , · P~ovided further that on s~ch cancellation, the Secretary may impose a penalty on the applicant for an . amoui)t not exceeding rupees fiv~ lakh~';

. . . .

(3) iri section 449,-· · (a) in sub~section . (I), for the word . 'Council', the word· 'Secret<:iry' shall be substituted;

(b) for .sub--section (2), the following ·sub-section shall be substirated, namely:- "(2) The ·Secretary may obtain expert opinion from the departments conce~ed, with. regard to ·the detertninatio:i of the nuisance or its abat~ment, at . the' cost of the owner or .person in charge of the factory, workshop, wor~place; m·ach~nery or manufacturi~·g plant concerned, and such report shall be· furnished, as soon as may be, but· not , later than fifleen days o.f reporting of such nuisa~ce.'';

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(4) in section 450,-

(a). after item '<i); the following item shalt be mserted, namely:- . .

· "U) Industrial units certified· by the Keral~ State Pollution Control · :Soard as Green and White Category.";

(b) in the proviso, for the words, letters and ·brackets ''item (h)" and (iY' the words, letters and brackets " items (h), '(i) and ( j)" shall be substituted.

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Where this provision sits

ActThe Kerala Investment promotion and facilitation(No.2) Act 2018(14 of 2018)
Section3
Marginal noteAmendmen·t of Act 20 of .1994.~ln the Kerala Municipality Act, . 1994 (20 of 1994),- ,._ · (1) in section 447
JurisdictionState of Kerala
StatusIn force as published by the source

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