Where the Government or any authority under it is empowered to exempt any ente1:i_prise from any approval or inspection or any provisions relating thereto under any ~~ntral Act, fhe Government or a~y such authority, as the case may be, .shall, subject to ~he prov1s1ons of such Central Act, exercise such powers to grant such exemption to an enterpnse established in thel State for a period of three years from the date of issue of the acknowledgement certificate under section 5.
This is a digitally signed Gazette.
Authenticity may b{veri!tbd through https://compose.kerala.gov.in/ . I 14 8, ' Offences 'i:md Penalties, 4 l) If the nodal agency finds , that any enterprise, contravened the conditions or undertaking in the' self certification· given to the nodal agency such enterprise shall be punishable with fine for an . amount not exceeding rupees five lakh after considering submission,. if any; submitted . by' such ·enterprise;
~ •· I :. , : l ;
, . ·· (2}'Where an offence under this Act is cominitied by an enterprise, the enterprise ·as well as every person in charge of, and responsible to, the enterprise for· the conduct of its business at the time of commission of the offence, shall be deemed to be guilty of the offence and liable to be plinished under this. section: . .
(3}Notwithstahdmg anything contained in sub-section (1), where an offence under this Act has been committed with the consent or connivance of, or that commission of the offence is attributable to any neglect on the part of proprietor, managing partner, any director, manager, secretary or any other officer, such proprietor, managing partner, director, manager, or any other officer shall also be deemed to be gtiilty of that offence and shall be liable to be punished under this section.
Explanation:-For the purpose of this section,- {a) t~l1terprise t:treans any 'body corpoi:a:te and i:ndt:rtles -a ·firm or other association -of individuals; and.
(b) director in relation to a firm, means a partner in the firm.
· 9. Protection of a9tion taken in good faith.-No suit, prosecution or other legal proceedings shall lie against the Government or nodal agency or Competent Authority or Appellate Authority or any employee ·of the Government, for anything which, in good faith, is done or intended to be done under this Act or any rules made thereunder.
· 10. Overriding effect of this Act on other laws.---(1) The provisions of this Act shall have overriding effect, notwithstanding anything inconsistent therewi.th contained in· any other law, for the time being in force.
{2) fu particular and without prejudice to the generality of the foregoing provisions of this Act, such· provisions shall have effect notwithstanding anything inconsistent therewith contained in· the following enactments and the provisions of these enactments shall be read as amended in conformity with the provisions of this Act, namely:-
1. The Kerala Panchayat Raj Act, 1994 (13of1994)
2. The Kerala Municipality Act, 1994 (20of 1994)
3. The Kerala Shops and Commercial Establishments Act, 1960 (34 of 1960) This is a digitally signed .Gazette.
Authenticity may be vejified through https://compose.kerala.gov.in/ -- 15 I
4. The Kerala Lift and Escalators Act, 2013 (18 of 2013)
5. Ttavancore - Cochin Public Health Act, 1955 (XVI of 1955)
6. Mkdras Public Health Act, 1939 (3 of 1939) I