Panchayatwiki - User contributions [en]

Panchayat:Repo18/vol2-page0364

2019-01-25T07:52:00Z

Joshypb:

{| class=wikitable
|-
| 5 || State, National boundaries || ||
|-
| 6 || Routes or facilities used by the public for access to recreation or other tourist, pilgrim areas || ||
|-
| 7 || Defence installations || ||
|-
| 8 || Densely populated or built-up area || ||
|-
| 9 || Areas occupied by Sensitive manmade land uses (hospitals, Schools, places of Worship, community facilities) || ||
|-
| 10 || Areas containing important, high quality or scarce resources (ground Water resources, surface resources, forestry, agriculture, fisheries, tourism, minerals) || ||
|-
| 11 || Areas already subjected to pollution or environmental damage. (those where existing legal environmental standards are exceeded) || ||
|-
| 12 || Areas susceptible to natural hazard which could cause the project to present environmental problems (earthquakes, subsidence, landslides, erosion, flooding or extreme or adverse climatic conditions) || ||
|}
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Panchayat:Repo18/vol2-page0362

2019-01-25T07:46:46Z

Joshypb:

{| class=wikitable
|-
| Sl No || information/checklist confirmation || Yes/No || Details thereof (with approximate quantities/ rates, wherever possible) with source of information data
|-
| 6.1 || From operation of equipment e.g. engines, ventilation plant, crushers || ||
|-
| 6.2 || From industrial or similar processes || ||
|-
| 6.3 || From Construction or demolition || ||
|-
| 6.4 || From blasting or piling || ||
|-
| 6.5 || From construction or operational traffic || ||
|-
| 6.6 || From lighting or cooling systems || ||
|-
| 6.7 || From any other sources || ||
|}

7. Risks of contamination of land or water from releases of pollutants into the ground or into sewers, surface waters, groundwater, coastal waters or the sea:
{| class=wikitable
|-
| Sl No || information/checklist confirmation || Yes/No || Details thereof (with approximate quantities frates, wherever possible) with source of information data
|-
| 7.1 || 7. Risks of contamination of land or water from releases of pollutants into the ground or into sewers,surface waters, groundwater, coastal waters or the sea: || ||
|-
| 7.2 || From discharge of sewage or other effluents to Water or the land (expected mode and place of discharge) || ||
|-
| 7.3 || By deposition of pollutants emitted to air into the land Or into Water || ||
|-
| 7.4 || From any other sources || ||
|-
| 7.5 || ls there a risk of long term build up of pollutants in the environment from these sources || ||
|}

8. Risk of accidents during construction or operation of the Project, which could affect human health or the environment

{| class=wikitable
|-
| Sl No || information/checklist confirmation || Yes/No || Details thereof (with approximate quantities frates, wherever possible) with source of information data
|-
| 8.1 || From explosions, spillages, fires etc from storage, handling, use or production of hazardous substances || ||
|-
| 8.2 || From any other causes || ||
|-
| 8.3 || Could the project be affected by natural disasters causing environmental damage (e.g., floods, earthquakes, landslides, cloudburst etc)? || ||
|}
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Panchayat:Repo18/vol2-page0361

2019-01-25T07:42:32Z

Joshypb:

{| class=wikitable
|-
| Sl No || information/checklist confirmation || Yes/No || Details thereof (with approximate quantities/rates, wherever possible) with source of information data
|-
| 4.1 || Spoil, overburden or mine Wastes || ||
|-
| 4.2 || Municipal waste (domestic and or Commercial wastes) || ||
|-
| 4.3 || Hazardous wastes (as per Hazardous Waste Management Rules) || ||
|-
| 4.4 || Other industrial process wastes || ||
|-
| 4.5 || Surplus product || ||
|-
| 4.6 || Sewage sludge or other sludge from effluent treatment || ||
|-
| 4.7 || Construction or demolition Wastes || ||
|-
| 4.8 || Redundant machinery or equipment || ||
|-
| 4.9 || Contaminated soils or other materials || ||
|-
| 4.10 || Agricultural wastes || ||
|-
| 4.11 || Other Solid wastes || ||
|}

5. Release of pollutants or any hazardous, toxic or noxious substances to air (Kg/hr)
{| class=wikitable
|-
| Sl No || information/checklist confirmation || Yes/No || Details thereof (with approximate quantities frates, wherever possible) with source of information data
|-
| 5.1 || Emissions from combustion of fossil fuels from stationary or mobile sources || ||
|-
| 5.2 || Emissions from production processes || ||
|-
| 5.3 || Emissions from materials handling including storage or transport || ||
|-
| 5.4 || Emissions from Construction activities including plant and equipment || ||
|-
| 5.5 || Dust or odours from handling of materials including construction materials, sewage and waste || ||
|-
| 5.6 || Emissions from incineration of Waste || ||
|-
| 5.7 || Emissions from burning of waste in open air (e.g. slash materials, construction debris) || ||
|-
| 5.8 || Emissions from any other sources || ||
|}

6. Generation of Noise and Vibration, and Emissions of Light and Heat:
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Panchayat:Repo18/vol2-page0360

2019-01-25T07:37:57Z

Joshypb:

{| class=wikitable
|-
| Sl No || information/checklist confirmation || Yes/No || Details thereof (with approximate quantities/ rates, wherever possible) with source of information data
|-
| 2.1 || Land especially undeveloped or agricultural land (ha) || ||
|-
| 2.2 || Water (expected source & competing users) unit:KLD || ||
|-
| 2.3 || Minerals (MT || ||
|-
| 2.4 || Construction material-stone, aggregates, sand/soil (expected source-MT) || ||
|-
| 2.5 || Forests and timber (source-MT) || ||
|-
| 2.6 || Energy including electricity and fuels (source, competing users) Unit: fuel (MT), energy (MW) || ||
|-
| 2.7 || Any other natural resources (use appropriate standard units) || ||
|} 
3. Use, storage, transport, handling or production of Substances or materials, which could be harmful to human health or the environment or raise concerns about actual or perceived risks to human health.

{| class=wikitable
|-
| Sl No || information/checklist confirmation || Yes/No || Details thereof (with approximate quantities frates, wherever possible) with source of information data
|-
| 3.1 || Use of substances or materials, which are hazardous (as per MSIHC rules) to human health or the environment (flora, fauna, and water Supplies) || ||
|-
| 3.2 || Changes in occurrence of disease or affect disease vectors (e.g. insector water borne diseases) || ||
|-
| 3.3 || Affect the Welfare of people e.g. by changing living Conditions? || ||
|-
| 3.4 || Vulnerable groups of people who could be affected by the project e.g. hospital patients children, the elderly etc., || ||
|-
| 3.5 || Any other causes, that would affect local communities, fisherfolk, their livelihood, dwelling units of traditional local communities etc || ||
|}

4. Production of solid wastes during construction or operation or decommissioning (MT/month)
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Panchayat:Repo18/vol2-page0359

2019-01-25T07:33:01Z

Joshypb:

{| class=wikitable
|-
| 1.19 || Production and manufacturing processes? || ||
|-
| 1.20 || Facilities for storage of goods or materials? || ||
|-
| 1.21 || Facilities for treatment or disposal of solid waste or liquid effluents? || ||
|-
| 1.22 || Facilities for longterm housing of operational workers? || ||
|-
| 1.23 || New road, rail or sea traffic during Construction or operation? || ||
|-
| 1.24 || New road, rail, air Waterborne or other transport infrastructure including new or altered routes and stations, ports, airports etc? || ||
|-
| 1.25 || Closure or diversion of existing transport routes or infrastructure leading to changes in traffic movements? || ||
|-
| 1.26 || New Ordiverted transmission lineS Or pipelines? || ||
|-
| 1.27 || Impoundment, damming, culverting, realignment or other changes to the hydrology of watercourses or aquifers? || ||
|-
| 1.28 || Stream and river crossings? || ||
|-
| 1.29 || Abstraction ortransfers of Waterform ground or surface waters? || ||
|-
| 1.30 || Changes in Water bodies or the land surface affecting drainage or run-off? || ||
|-
| 1.31 || Transport of personnel or materials for Construction, operation or decommissioning? || ||
|-
| 1.32 || Long-term dismantling or decommissioning orrestoration works? || ||
|-
| 1.33 || Ongoing activity during decommissioning which could have an impact on the environment? || ||
|-
| 1.34 || Influx of people to an area in either temporarily or permanently? || ||
|-
| 1.35 || introduction of alien species? || ||
|-
| 1.36 || Loss of native species or genetic diversity? || ||
|-
| 1.37 || Any other actions? || ||
|}

2. Use of Natural resources for construction or operation of the Project (such as land, water, materials or energy, especially any resources which are non-renewable or in short Supply):
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Panchayat:Repo18/vol2-page0358

2019-01-25T07:27:29Z

Joshypb:

{| class="wikitable"
! S. No. !! Information/Checklist confirmation !! yes/no !! Details thereof ( with) appproximate quanitites/rates wherever possible) with source of information data
|-
| 1.1 || Permanent or temporary change in land use, land cover or topography including increase in intensity of land use (with respect to local land use plan) || ||
|-
| 1.2 || Details of CRZ classification as per the approved Coastal Zone Management Plan? || ||
|-
| 1.3 || Whether located in CRZ-I area? || ||
|-
| 1.4 || The distance from the CRZ-I areas. || ||
|-
| 1.5 || Whether located within the hazard zone as mapped by Ministry of Environment and Forests/National Disaster Management Authority? || ||
|-
| 1.6 || Whether the area is prone to cyclone, tsunami, tidal surge, subduction, earthquake etc.? || ||
|-
| 1.7 || Whether the area is prone for saltwater ingress? || ||
|-
| 1.8 || Clearance of existing land, vegetation and buildings? || ||
|-
| 1.9 || Creation of new land uses? || ||
|-
| 1.10 || Pre-construction investigations e.g. bore hole, soil testing? || ||
|-
| 1.11 || Construction works? || ||
|-
| 1.12 || Demolition works? || ||
|-
| 1.13 || Temporary sites used for construction works or housing of construction workers? || ||
|-
| 1.14 || Above ground buildings, structures or earthworks including linear structures, cut and fill or excavations || ||
|-
| 1.15 || Underground works including mining or tunneling? || ||
|-
| 1.16 || Reclamation works? || ||
|-
| 1.17 || Dredging/reclamation/land filling/disposal of dredged material etc.? || ||
|-
| 1.18 || Offshore structures? || ||
|}
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Panchayat:Repo18/vol2-page0357

2019-01-25T06:57:25Z

Joshypb:

(i) the total plot size shall not be less than 0.4 hectares and the total covered area on all floors shall not exceed 33 percent of the plot size i.e., the Floor Space Index shall not exceed 0.33 and the open area shall be suitably landscaped with appropriate vegetal cover;

(j) the construction shall be consistent with the surrounding landscape and local architectural style;

(k) the overall height of construction upto the highest ridge of the roof, shall not exceed 9 metres and the construction shall not be more than two floors (ground floor plus one upper floor);

(l) groundwater shall not be tapped within 200metre of the High Tide Line; within the 200metre 500metre zone it can be tapped only with the concurrence of the Central or State Ground Water Board;

(m) extraction of sand, leveling or digging of sandy stretches except for structural foundation of building, swimming pool shall not be permitted within 500 metres of the High Tide Line;

(n) the quality of treated effluents, solid wastes, emissions and noise levels and the like, from the project area must conform to the standards laid down by the competent authorities including the Central or State Pollution Control Board and under the Environment (Protection) Act, 1986;

(0) necessary arrangements for the treatment of the effluents and solid wastes must be made and it must be ensured that the untreated effluents and solid wastes are not discharged into the water or on the beach; and no effluent or solid waste shall be discharged on the beach;

(p) to allow public access to the beach, atleast a gap of 20metres width shall be provided between any two hotels or beach resorts; and in no case shall gaps be less than 500metres apart; and

(q) if the project involves diversion of forestland for non-forest purposes, clearance as required under the Forest (Conservation) Act, 1980 shall be obtained and the requirements of other Central and State laws as applicable to the project shall be met with; and

(r) approval of the State or Union territory Tourism Department shall be obtained.

II. In ecologically sensitive areas (such as marine parks, mangroves, coral reefs, breeding and spawning grounds of fish, wildlife habitats and such other area as may be notified by the Central or State Government Union territories) construction of beach resorts or hotels shall not be permitted

{{center|''Annexure-IV''}}
{{center|''Form-l for seeking clearance for project attracting CRZ notification'' }}
Basic information:
Name of the Project
:Location or site alternatives under consideration:
:Size of the project (in terms of total area) :
:CRZ classification of the area:
:Expected cost of the project:
:Contact Information:
''(11) Activity''
: 1. Construction, operation or decommissioning of the Project involving actions, which will cause physical changes in the locality (topography, land use, changes in water bodies, and the like)

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Panchayat:Repo18/vol2-page0356

2019-01-25T06:44:51Z

Joshypb:

{{center| '''Annexure-lI''' }}
{{center|'''List of petroleum and chemical products permitted for storage in [CRZ except CRZ-l(A)]''' }}
(i) Crude oil; 
(ii) Liquefied Petroleum Gas; 
(iii) Motor spirit; 
(iv) Kerosene, 
(v) Aviation fuel; 
(vi) High speed diesel; 
(vii) Lubricating oil; 
(viii) Butane; 
(ix) Propane; 
(x) Compressed Natural Gas;

(xi) Naphtha; 
(xii). Furnace oil; 
(xiii) Low Sulphur Heavy Stock; 
(xiv) Liquefied Natural Gas; 
(XV) Fertilizers and raw materials for manufacture offertilizers. 

{{center|'''Annexure-llI''' }}
{{center|'''Guidelines for development of beach resorts or hotels in the designated areas of CRZ-Illand CRZ-ll for occupation of tourist or visitors with prior approval of the Ministry of Environment and Forests''' }}
I. Construction of beach resorts or hotels with prior approval of MoEF in designated areas of CRZ-II and III for occupation of tourist or visitors shall be subject to the following conditions, namely:- 
:(a) The project proponent shall not undertake any construction within 200 metres in the landward side of HighTide Line and within the area between Low Tide Line and HighTide Line; 
:(b) The proposed constructions shall be beyond the hazard line or 200mts from the High Tide Line whichever is more; 
:(c) live fencing and barbed wire fencing with vegetative cover may be allowed around private properties subject to the Condition that such fencing shall in no way hamper public access to the beach; 
:(d) no flattening of sand dunes shall be carried out; 
:(e) no permanent structures for Sports facilities shall be permitted except construction of goal posts, net posts and lamp posts; 
:(f) Construction of basement may be allowed subject to the condition that no objection certification is obtained from the State Ground Water Authority to the effect that such construction will not adversely affect fee flow of groundwater in that area; 
:(g) the State Ground Water Authority shall take into consideration the guidelines issued by Central Government before granting such no objection certificate; 
:(h) though no Construction is allowed in the no development zone for the purposes of calculation of Floor Space Index, the area of entire plot including the portion which falls within the no development zone shall be taken into account;
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Panchayat:Repo18/vol2-page0356

2019-01-25T06:38:08Z

Joshypb:

{{center|Annexure-l1}}
List of petroleum and chemical products permitted for storage in [CRZ except CRZ-I(A)]

:(i) Crude oil;

:(ii) Liquefied Petroleum Gas;

: (ii) Motor spirit;

:(iv) Kerosene;

: (V) Aviation fuel;
:
(vi) High speed diesel;

: (vii) Lubricating oil; aslado en B O ADED ON AIDE Butane: robers i
BV 2 (ix) Propane;bo na
AIDE EN
EL (x) Compressed Natural Gas; (xi) Naphtha; (xii) Furnace oil; (xiii) Low Sulphur Heavy Stock;
D
ET (xiv) Liquefied Natural Gas; (xv) Fertilizers and raw materials for manufacture of fertilizers.
Te Annexure-III Guidelines for development of beach resorts or hotels in the designated areas of CRZ-Ill and CRZ-II for occupation of tourist or
visitors with prior approval of the Ministry of Environment and Forests
1. Construction of beach resorts or hotels with prior approval of MoEF in designated areas of CRZ-II and III for occupation of tourist or visitors shall be subject to the following conditions, namely:
(a) The project proponent shall not undertake any construction within 200 metres in the landward side of High Tide Line and within the area between Low Tide Line and High Tide Line;
(b) The proposed constructions shall be beyond the hazard line or 200mts from the High Tide Line whichever is more;
(c) live fencing and barbed wire fencing with vegetative cover may be allowed around private properties subject to the condition that such fencing shall in no way hamper public access to the beach;
(d) no flattening of sand dunes shall be carried out;
(e) no permanent structures for sports facilities shall be permitted except construction of goal posts, net posts and lamp posts;
(f) Construction of basement may be allowed subject to the condition that no objection certification is obtained from the State Ground Water Authority to the effect that such construction will not adversely affect fee flow of groundwater in that area;
(g) the State Ground Water Authority shall take into consideration the guidelines issued by Central Government before granting such no objection certificate;
(h) though no construction is allowed in the no development zone for the purposes of calculation of Floor Space Index, the area of entire plot including the portion which falls within the no development zone shall be taken into account;

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Panchayat:Repo18/vol2-page0355

2019-01-25T06:27:21Z

Joshypb:

communities such as dispensaries, roads, schools, and the like, shall be indicated on the cadastal Scale maps. States shall prepare detailed plans for long term housing needs of Coastal fisher communities in view of expansion and other needs, provisions of basic services including sanitation, safety, and disaster preparedness. 
8. No developmental activities other than those listed above shall be permitted in the areas between the hazard line and 500mts or 100mts or width of the Creek on the landward side. The dwelling unit of the local communities including that of the fishers will not be relocated if the dwelling units are located on the seaward side of the hazard line. The State Government will provide necessary safeguards from natural disaster to such dwelling units of local communities. 
9. The Water areas of CRZ IV shall be demarcated and clearly demarcated if the water body is sea, lagoon, backwater, creek, bay, estuary and for such classification of the water bodies the terminology used by Naval Hydrographic Office shall be relied upon. 
10. The fishing Zones in the water bodies and the fish breeding areas shall be clearly marked. 
11. The water area shall be demarcated indicating the pollution levels as per Central Pollution Control Board standards on water quality. 
12. In the CRZ V areas the land use maps shall be superimposed on the Coastal Zone Management Plan and clearly demarcating the CRZ I, II, lll, IV. 
13. The existing authorized developments on the seaward side shall be clearly demarcated. 
14. The features like cyclone shelters, rain shelters, helipads and other infrastructure including road network may be clearly indicated on the CZM Maps for the purpose of rescue and relief operations during cyclones, storms, tsunami and the like. 

III. CZMPs approved by MoEF in accordance with CRZ notification, 1991 
1. While preparing the CZMPs under CRZ notification, 2011, the CZMPs that have been approved under the CRZ Notification, 1991 shall be compared. A justification shall be provided by the concerned CZMA in case the CZMPs prepared under CRZ notification, 2011 varies with respect to the approved CZMP prepared under CRZ notification, 1991. 

IV. Public Views on the CZMP. 
(a) The draft CZMPs prepared shall be given wide publicity and suggestions and objections received in accordance with the Environment (Protection) Act, 1986. Public hearing on the draft CZMPs shall be held at district level by the concerned CZMAs. 
(b) Based on the suggestions and objections received the CZMPs shall be revised and approval of MoEF shall be obtained. 
(c) The approved CZMP shall be put up on the website of MoEF, concerned website of the State, Union Territory CZMA and hardcopy made available in the panchayat office, District collector office and the like. 

V. Revision of Coastal Zone Management Plans 
1. Whenever there is a doubt the concerned State or Union territory Coastal Zone Management Authority shall refer the matter to the National Centre for Sustainable Coastal Management who shall verify the CZMP based on latest satellite imagery and ground truthing. 

2. The rectified map would be submitted to MoEF for its record.
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Panchayat:Repo18/vol2-page0353

2019-01-25T05:30:48Z

Joshypb:

(e) till such time the IMPs are approved and notified, construction of dispensaries, schools, public rain shelters, community toilets, bridges, roads, jetties, water supply, drainage, sewerage which are required for traditional inhabitants shall be permitted on a case to case basis, by the CZMA with due regards to the views of coastal communities including fisherfolk. 

'''ANNEXURE I''' 
{{center|'''GUIDELINES FOR PREPARATION OF COASTAL ZONE MANAGEMENT PLANS''' }}

'''I. A.''' Demarcation of HighTide Line 

1. Demarcation of HighTide Line (HTL) and Low Tide Line (LTL) shall be carried out by one of the agencies authorised by MoEF based on the recommendations of the National Centre for Sustainable Coastal Management (NCSCM). 
2. Demarcation of the HighTide Line or LTL shall be made on the Coastal Zone Management (CZM) Maps of scale 1:25,000 prepared by the agencies identified by the MoEF. 
3. Local level CZM Maps shall be prepared for use of officials of local bodies for determination of the CRZ. 
4. The local level CZM Maps shall be prepared on a Cadastral scale in accordance with the CZM Maps approved by the Central Government. 
B. Preparation of CZM Maps 
5. Base Maps of 1:25,000 scale shall be acquired from the Survey of India (SOI) and wherever 1:25,000 maps are not available, 1:50,000 maps shall be enlarged to 1:25,000 for the purpose of base map preparation and these maps will be of the standard specification given below: 

'''Unit''' : 7.5 minutes X7.5minutes 

'''Numbering''' : Survey of India Sheet Numbering System

Horizontal Datum : Everest or WGS84 

'''Vertical Datum''' : Mean Sea Level (MSL) 

'''Topography''' : Topography in the SOI maps will be updated using latest satellite imageries oraerial photographs 

6. The High Water Level (HWL) and Low Water Level (LWL) marked on the Base maps will be transferred to the CZM maps.

7. Coastal geomorphological signatures in the field or satellite imageries or aerial photographs will be used for appropriate adjustment, in the HWL or LWL for demarcating HTL or LTL in accordance With the CRZ notification. 
8. The following geomorphological features shall be considered while demarcating in HTLor LTL:
Landward (monsoonal) berm crest in the case of sandy beaches Rocks, Headlands, Cliffs
SeaWalls or revetments or embankments 
9. 500 meter and 200 metre lines will be demarcated with respect of HTL. 
10. HTL (as defined in the CRZ notification) and LTL shall also be demarcated in the CZM maps along the banks of tidal influenced inland water bodies with the help of the geomorphological signatures or features.
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Panchayat:Repo18/vol2-page0352

2019-01-25T05:21:09Z

Joshypb:

3. CRZ of Goa.- 
:In view of the peculiar circumstances of the State Goa including past history and other developments, the specific activities shall be regulated and various measures shall be undertaken as follows:- 
:(i) the Government of Goa shall notify the fishing villages wherein all foreshore facilities required for fishing and fishery allied activities such as traditional fish processing yards, boat building or repair yards, net mending yards, ice plants, ice storage, auction hall, jetties may be permitted by Grama Panchayat in the CRZ area; 
:(ii) reconstruction, repair works of the structures of local communities including fishermen community shall be permissible in CRZ; 
:(iii) purely temporary and seasonal structures customarily put up between the months of September to May; 
(iv) the eco sensitive low lying areas which are influenced by tidal action known as khazan lands shall be mapped; 
(v) the mangroves along such as khazan land shall be protected and a management plan for the khazan land prepared and no developmental activities shall be permitted in the khazan land; 
(vi) sand dunes, beach stretches along the bays and creeks shall be surveyed and mapped. No activity shall be permitted on Such sand dune areas; 
(vii) the beaches such as Mandrem, Morjim, Galgiba and Agonda has been designated as turtle nesting sites and protected under the Wildlife Protection Act, 1972 and these areas shall be surveyed and management plan prepared for protection of these turtle nesting sites; 
(viii) no developmental activities shall be permitted in the turtle breeding areas referred to in sub-paragraph (vii). 

4. (a) Critical Vulnerable Coastal Areas (CVCA) which includes Sunderbans and other identified ecological sensitive areas which shall be managed with the involvement of the local coastal communities including the fisher folk;- 

(b) the entire Sunderbans mangrove area and other identified ecologically important areas such as Gulf of Khambat and Gulf of Kutchchh in Gujarat, Malvan, Achra-Ratnagiri in Maharashtra, Karwar and Coondapur in Karnataka, Vembanad in Kerala, Gulf of Mannar in Tamil Nadu, Bhaitarkanika in Orissa, Coringa, East Godavariand Krishna in Andhra Pradesh shall be declared as Critical Vulnerable Coastal Areas (CVCA) through a process of consultation with local fisher and other communities inhabiting the area and depend on its resources for their livelihood with the objective of promoting conservation and sustainable use of coastal resources and habitats; 

(c) the process of identifying planning, notifying and implementing CVCA shall be detailed in the guideline which will be developed and notified by MoEF in consultations with the stakeholders like the State Government, local coastal communities and fisherfolk and the like inhabiting the area; 

(d) the Integrated Management Plans (IMPs) prepared for such CVCA shall interalia keep in view the conservation and management of mangroves, needs of local communities such as, dispensaries, schools, public rain shelter, Community toilets, bridges, roads, jetties, water supply, drainage, sewerage and the impact of Sea level rise and other natural disasters and the IMPs will be prepared in line with the para 5 above for preparation of Coastal Zone Management Plans;
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Panchayat:Repo18/vol2-page0351

2019-01-25T05:14:25Z

Joshypb:

2. MoEF may appoint statutory auditors, who are empanelled by the Comptroller and auditor General (hereinafter referred to as the C&AG) to undertake performance and fiscal audit in respect of the projects relating to redevelopment of dilapidated, cessed and unsafe buildings and the projects relating to Slum Rehabilitation Scheme shall be audited by C&AG. 

3. A High Level Oversight Committee may be set up by the Government of Maharashtra for periodic review of implementation of V(iii)(b) and (c) which shall include eminent representatives of various Stakeholders, like Architects, Urban Planner, Engineers, and Civil Society, besides the local urban bodies, the State Government and the Central Government. 

4. The individual projects under V(iii)(b) and (c) shall be undertaken only after public consultation in which views of only the legally entitled slum dweller or the legally entitled tenent of the dilapidated or cessed buildings shall be obtained in accordance with the procedures laid down in EIA notification, 2006. 

(e) In order to protect and preserve the 'green lung of the Greater Mumbai area, all open spaces, parks, gardens, playgrounds indicated in development plans within CRZ-ll shall be categorized as CRZ-III, that is, “no development zone'. 

(f) the Floor Space index upto 15% shall be allowed only for construction of civic amenities, stadium and gymnasium meant for recreational or sports related activities and the residential or commercial use of such open spaces shall not be permissible. 

(g) Koliwada namely, fishing settlement areas as identified in the Development Plan of 1981 or relevant records of the Government of Maharashtra, shall be mapped and declared as CRZ-Ill so that any development, including construction and reconstruction of dwelling units within these settlements shall be undertaken in accordance with applicable as per local Town and Country Planning Regulations. 

(h) Reconstruction and repair works of the dwelling units, belonging to fisher Communities and other local communities identified by the State Government, shall be considered and granted permission by the Competent Authorities on a priority basis, in accordance with the applicable Town and Country Planning Regulations. 

2. CRZ for Kerala 

In view of the unique coastal systems of backwater and backwater islands alongwith space limitation present in the coastal stretches of the State of Kerala, the following activities in CRZ shall be regulated as follows, namely:- 
(i) all the islands in the backwaters of Kerala shall be covered under the CRZ notification; 
(ii) the islands within the backwaters shall have 50mts width from the HighTide Line on the landward side as the CRZ area; 
(iii) within 50mts from the HTL of these backwater islands existing dwelling units of local communities may be repaired or reconstructed however no new construction shall be permitted; 
(iv) beyond 50mts from the HTL on the landward side of backwater islands, dwelling units of local communities may be constructed with the prior permission of the Gram panchayat; 
(v) foreshore facilities such as fishing jetty, fish drying yards, net mending yard, fishing processing by traditional methods, boat building yards, ice plant, boat repairs and the like, may be taken up within 50mts width from HTL of these backwater islands.
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Panchayat:Repo18/vol2-page0350

2019-01-25T05:00:33Z

Joshypb:

Provided that,- 
(i) such redevelopment schemes shall be undertaken directly or through joint ventures or through public private partnerships or other similar models ensuring that the stake of the State Government or its parastatal entities shall be not less than 51%, 
(ii) the Floor Space Index or Floor Area Ratio for such redevelopment schemes shall be in accordance with the Town and Country Planning Regulations prevailing as on the date on which the project is granted approval by the competent authority; 
(iii) it shall be the duty of the project proponent undertaking the redevelopment through conditions (i) (2) above along with the State Government to ensure that all legally regularized tenants are provided houses in situ or as per norms laid down by the State Government in this regard. 

(c)REDEVELOPMENT OF DILAPIDATED, CESSED AND UNSAFE BUILDINGS:

1. In the Greater Mumbai, there are, also a large number of old and dilapidated, cessed and unsafe buildings in the CRZ areas and due to their age these structures are extremely vulnerable and disaster prone and therefore there is an urgent need for the redevelopment or reconstruction of these identified buildings. 

2. These projects shall be taken up subject to the following conditions and safeguards: 
(i) such redevelopment or reconstruction projects as identified on the date of issue of this notification shall be allowed to be taken up involving the owners of these buildings either above or with private developers in accordance with the prevailing Regulation, directly or through joint ventures or through other similar models. 
(ii) the Floor Space Index or Floor Area Ratio for such redevelopment schemes shall be in accordance with the Town and Country Planning Regulations prevailing as on the date on which the project is granted approval by the competent authority 
(iii) suitable accommodation to the original tenants of the specified buildings shall be ensured during the course of redevelopment or reconstruction of the buildings by the project proponents, undertaking the redevelopment through condition 2(i) above. 

(d) Notwithstanding anything contained in this notification, the developmental activities for slums and for dilapidated, cessed and unsafe buildings as specified at paras (b) and (c) above shall be carried out in an accountable and transparent manner by the project proponents mentioned therein which shall include the following pre-condition measures, wherever applicable;- 
1.(i) applicability of the Right to Information Act, 2005 to all redevelopment or reconstruction projects granted clearance by the Competent Authorities; 
(ii) MoEF shall issue an order constituting the CPIO and the first Appellate Authority of appropriate ranks in consultation with Government of Maharashtra; 
(iii) details of the Slum Rehabilitation Scheme, including the complete proposal and the names of the eligible slum dwellers will be declared suo-moto as a requirement of Section 4 of compliance of the Right to Information Act, 2005 by the appropriate authority in the Government of Maharashtra in one month before approving it; 
(iv) the implementing or executing agency at the State Government with regard to projects indicated at Sub-item (b) and (c) of item (iii) of sub-paragraph V shall display on a large notice boards at the site and at the office of the implementing or executing agency the names of the eligible builders, total number of tenements being made, names of eligible slum dwellers who are to be provided the dwelling units and the extra area available for free Sale. 
(v) Projects being developed under sub-items (b) and (c) of item (iii) of sub-paragraph V shall be given permission only if the project proponent agree to be covered under the Right to Information Act, 2005.
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The activities impugning on the sea and tidal influenced water bodies will be regulated except for traditional fishing and related activities undertaken by local communities as follows:- 
(a) No untreated sewage, effluents, ballast Water, ship washes, fly ash or solid waste from all activities including from aquaculture operations shall be let off or dumped. A comprehensive plan for treatment of sewage generating from the coastal towns and cities shall be formulated within a period of one year in consultation with stakeholders including traditional coastal communities, traditional fisherfolk and implemented; 
(b) Pollution from oil and gas exploration and drilling, mining, boat house and shipping; 
(c) There shall be no restriction on the traditional fishing and allied activities undertaken by local communities. 

'''V'''. Areas requiring special consideration, 
1. CRZ areas falling within municipal limits of the Greater Mumbai. 
(i) Developmental activities in the CRZ area of the Greater Mumbai because of the environmental issues, relating to degradation of mangroves, pollution of creeks and coastal waters, due to discharge of untreated effluents and disposal of solid waste, the need to provide decent housing to the poor section of society and lack of suitable alternatives in the inter connected islands of Greater Mumbai shall be regulated as follows, namely:- 
A. Construction of roads-In CRZ-1 areas indicated at sub-paragraph () of paragraph 7 of the notification the following activities only can be taken up:- 
(a) Construction of roads, approach roads and missing link roads approved in the Developmental Plan of Greater Mumbai on stilts ensuring that the free flow of tidal water is not affected, without any benefit of CRZ-Il accruing on the landward side of such constructed roads or approach roads Subject to the following conditions:- 
(i) All mangrove areas shall be mapped and notified as protected forest and necessary protection and conservation measures for the identified mangrove areas shall be initiated. 
(ii) Five times the number of mangroves destroyed/cut during the construction process shall be replanted. 

'''B.''' Solid waste disposal sites shall be identified outside the CRZ area and thereafter within two years the existing conventional solid waste sites shall be relocated outside the CRZ area. 
(iii) In CRZ-II areas 
(a) The development or redevelopment shall continue to be undertaken in accordance with the norms laid down in the Town and Country Planning Regulations as they existed on the date of issue of the notification dated the 19th February, 1991, unless specified otherwise in this notification. 
:(b) SLUM REHABITATION SCHEMES 
:1. In the Greater Mumbai area there are large slum clusters with lakhs of families residing therein and the living conditions in these slums are deplorable and the civic agencies are notable to provide basic infrastructure such as drinking water, electricity, roads, drainage and the like because the slums come up in an unplanned and congested manner and the slums in the coastal area are at great risk in the event of cyclones, storm surges or tsunamis, in view of the difficulties in providing rescue, relief and evacuation. 
2. To provide a safe and decent dwelling to the slum dwellers, the State Government may implement slum redevelopment schemes as identified as on the date of issue of this notification directly or through its parastatal agencies like Maharashtra Housing and Area Development Authority (MHADA), Shivshahi Punarvasan Prakalp Limited (SPPL), Mumbai Metropolitan Region Development Authority (MMRDA) and the like:
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(ii) buildings permitted on the landward side of the existing and proposed roads or existing authorised structures shall be subject to the existing local town and Country planning regulations as modified from time to time, except the Floor Space Index or Floor Area Ratio, which shall be as per 1991 level: 

Provided that no permission for construction of buildings shall be given on landward side of any new roads which are constructed on the Seaward side of an existing road: 

Provided further that the Construction in CRZ-Il area of Goa, Kerala and Mumbai shall be governed by the provisions of Clause V of paragraph 8.] 

(iii) reconstruction of authorized building to be permitted subject with the existing Floor Space Index or Floor Area Ratio Norms and without change in present use; 

(iv) facilities for receipt and storage of petroleum products and liquefied natural gas as specified in Annexure-ll appended to this notification and facilities for regasification of Liquefied Natural Gas subject to the conditions as mentioned in sub-paragraph (ii) of paragraph 3; 

(v) desalination plants and associated facilities; 

(vi) storage of non-hazardous cargo, such as edible oil, fertilizers and food grain in notified ports; 

(vii) facilities for generating powerby non-conventional power sources and associated facilities; 

'''III. CRZ-Ill''' 

'''A.''' Area upto 200mts from HTLon the landward side in case of seafront and 100mts along tidal influenced water bodies or width of the creek whichever is less is to be earmarked as "No Development Zone (NDZ)", 

(i) the NDZ shall not be applicable in such area falling within any notified port limits; 

(ii) No construction shall be permitted within NDZ except for repairs or reconstruction of existing authorized structure not exceeding existing Floor Space Index, existing plinth area and existing density and for permissible activities under the notification including facilities essential for activities; Construction/reconstruction of dwelling units of traditional coastal communities including fisherfolk may be permitted between 100 and 200 metres from the HTL along the seafront in accordance with a comprehensive plan prepared by the State Government or the Union territory in consultation with the traditional coastal Communities including fisherfolk and incorporating the necessary disaster management provision, sanitation and recommended by the concerned State or the Union territory CZMA to NCZMA for approval by MoEF; 

(iii) however, the following activities may be permitted in NDZ 
(a) agriculture, horticulture, gardens, pasture, parks, playfield, and forestry, 
(b) projects relating to Department of Atomic Energy; 
(c) mining of rare minerals; 
(d) salt manufacture from seawater;
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(iii) CRZ areas of Goa. 

'''B'''. Critically Vulnerable Coastal Areas (CVCA) such as Sunderbans region of West Bengal and other ecologically sensitive areas identified as under Environment (Protection) Act, 1986 and managed with the involvement of Coastal communities including fisherfolk. 

'''8. Norms for regulation of activities permissible under this notification.-''' 
(i) The developmentor Construction activities indifferent categories of CRZ shall be regulated by the concerned CZMA in accordance with the following norms, namely:-

'''I. CRZ-1,-''' 
(i) no new Construction shall be permitted in CRZ-1 except, 
(a) projects relating to Department of Atomic Energy; 
(b) pipelines, conveying systems including transmission lines; 
(c) facilities that are essential for activities permissible under CRZ-l; 
(d) installation of weather radar for monitoring of cyclones movement and prediction by Indian Meteorological Department; 
(e) Construction of trans harbour sea link and without affecting the tidal flow of water, between LTLand HTL. 
(f) development of greenfield airport already approved at only Navi Mumbai; 

(ii) Areas between LTL and HTL which are not ecologically sensitive, necessary safety measures will be incorporated while permitting the following, namely:- 
(a) exploration and extraction of natural gas; 
(b) Construction of dispensaries, Schools, public rainshelter, Community toilets, bridges, roads, jetties, water supply, drainage, sewerage which are required for traditional inhabitants living within the biosphere reserves after obtaining approval from concerned CZMA. 
(c) necessary safety measure shall be incorporated while permitting such developmental activities in the area falling in the hazard zone; 
(d) salt harvesting by solar evaporation of seawater; 
(e) desalination plants; 
(f) storage of non-hazardous cargo such as edible oil, fertilizers and food grain within notified ports; 
(g) construction of trans harbour sea links, roads on stilts or pillars without affecting the tidal flow of water. 

'''II. CRZ-II,-''' 
(i) buildings shall be permitted only on the landward side of the existing road, or on the landward side of existing authorized structures;
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'''(i) CRZ-1-''' 
'''A'''. The areas that are ecologically sensitive and the geomorphological features which play a role in the maintaining the integrity of the coast,- 
(a) Mangroves, in case mangrove area is more than 1000 sq mts, a buffer of 50meters along the mangroves shall be provided; 
(b) Corals and coral reefs and associated biodiversity; 
(c) Sand Dunes; 
(d) Mudflats which are biologically active; 
(e) National parks, marine parks, sanctuaries, reserve forests, wildlife habitats and other protected areas under the provisions of Wild Life (Protection) Act, 1972 (53 of 1972), the Forest (Conservation) Act, 1980 (69 of 1980) or Environment (Protection) Act, 1986 (29 of 1986); including Biosphere Reserves; 
(f) Salt Marshes; 
(g) Turtle nesting grounds; 
(h) Horse shoe crabs habitats, 
(i) Sea grass beds; 
(j) Nesting grounds of birds; 
(k) Areas or structures of archaeological importance and heritage sites. 

'''B'''. The area between Low Tide Line and High Tide Line; 

'''(ii) CRZ-II,''' -

The areas that have been developed upto or close to the shoreline. 
'''Explanation.-''' For the purposes of the expression "developed area" is referred to as that area within the existing municipal limits or in other existing legally designated urban areas which are substantially built-up and has been provided with drainage and approach roads and other infrastructural facilities, such as water supply and sewerage mains; 

'''(iii) CRZ-III,-'''

Areas that are relatively undisturbed and those do not belong to either CRZ-1 or II which include Coastal Zone in the rural areas (developed and undeveloped) and also areas within municipal limits or in other legally designated urban areas, which are not substantially built up. 

'''(iv.) CRZ-IV''' 
'''A.''' the water area from the Low Tide Line to twelve nautical miles on the seaward side; 
'''B.''' shall include the water area of the tidal influenced water body from the mouth of the water body at the sea upto the influence of tide which is measured as five parts per thousand during the driest season of the year. 

(v) Areas requiring special consideration for the purpose of protecting the critical coastal environment and difficulties faced by local communities,- 

A. (1) CRZ area falling within municipal limits of Greater Mumbai; 
(ii) the CRZ areas of Kerala including the backwaters and backwater islands;
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(vi) The coastal States and Union Territory will prepare within a period of twenty four months from the date of issue this notification, draft CZMPs in 1:25,000 scale map identifying and classifying the CRZ areas within the respective territories in accordance with the guidelines given in Annexure I of the notification, which involve public Consultation; 

(vii) The draft CZMPs shall be submitted by the State Government or Union territory to the concerned CZMA for appraisal, including appropriate consultations, and recommendations in accordance with the procedure(s) laid down in the Environment (Protection) Act, 1986; 

(viii) The State Government or Union territory CZMA shall submit the draft CZMPs to MoEF alongwith its recommendations on the CZMP within a period of six months after incorporating the suggestions and objections received from the stakeholders; 

(ix) MoEF shall thereafter consider and approve the CZMPs within a period of four months from the date of receipt of the CZMPs complete in all respects; 

(x) All developmental activities listed in this notification shall be regulated by the State Government, Union Territory Administration, the local authority or the concerned CZMA within the framework of such approved CZMPs as the case may be in accordance with provisions of this notification; 

(xi) The CZMPs shall not normally be revised before a period of five years after which, the concerned State Government or the Union territory may consider undertaking revision of the maps following the above procedures; 

(xii) The CZMPs already approved under CRZnotification, 1991 shall be valid for a period of twenty four months unless the aforesaid period is extended by MoEF by a specific notification subject to such terms and conditions as may be specified therein. 

'''6. Enforcement of the CRZ, notification, 2011.''' 

:(a) For the purpose of implementation and enforcement of the provisions this notification and compliance with conditions stipulated thereunder, the powers either original or delegated are available under Environment (Protection) Act, 1986 with the MoEF. State Government or the Union territory Administration NCZMA and SCZMAS; 

(b) The composition, tenure and mandate of NCZMA and State Government or the Union territory CZMAS have already been notified by MoEF interms of Orders of Hon'ble Supreme Court in Writ Petition 664 of 1993; 

(c) the State Government or the Union territory CZMAs shall primarily be responsible for enforcing and monitoring of this notification and to assist in this task, the State Government and the Union territory shall constitute district level Committees under the Chairmanship of the District Magistrate concerned containing atleast three representatives of local traditional coastal communities including from fisherfolk; 

(d) The dwelling units of the traditional coastal communities including fisherfolk, tribals as were permissible under the provisions of the CRZnotification, 1991, but which have not obtained formal approval from concerned authorities under the aforesaid notification shall be considered by the respective Union territory CZMAS and the dwelling units shall be regularized subject to the following condition, namely 
:(i) these are not used for any commercial activity 
:(ii) these are not sold or transferred to non-traditional coastal community. 

'''7. Classification of the CRZ-''' For the purpose of conserving and protecting the coastal areas and marine waters, the CRZ area shall be classified as follows, namely:-
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:(ii) The Concerned CZMA shall examine the above documents inaccordance with the approved CZMP and in compliance with CRZ notification and make recommendations within a period of sixty days from date of receipt of complete application,- 
(a) MoEFor State Environmental Impact Assessment Authority (hereinafter referred to as the SEIAA) as the case may be for the project attracting EIA notification, 2006; 
(b) MoEF for the projects not covered in the EIA notification, 2006 but attracting para 4(ii) of the CRZnotification; 

(iii) MoEF or SEIAA shall consider such projects for clearance based on the recommendations of the concerned CZMA within a period of sixty days. 

(iv) The clearance accorded to the projects under the CRZnotification shall be valid for the period of five years from the date of issue of the clearance for commencement of construction and operation. 

(v) For Post clearance monitoring- (a) it shall be mandatory for the project proponent to submit half-yearly compliance reports in respect of the stipulated terms and conditions of the environmental clearance in hard and soft Copies to the regulatory authority(s) concerned, on 1st June and 31st December of each calendar year and all such compliance reports submitted by the project proponent shall be published in public domain and its copies shall be given to any person on application to the concerned CZMA. 
(b) the compliance report shall also be displayed on the website of the concerned regulatory authority. 

(vi) To maintain transparency in the working of the CZMAs it shall be the responsibility of the CZMA to create a dedicated website and post the agenda, minutes, decisions taken, clearance letters, violations, action taken on the violations and court matters including the Orders of the Hon'ble Court as also the approved CZMPs of the respective State Government or Union territory. 

'''
'''5. Preparation of Coastal Zone Management Plans.-'''''' 

(i) The MoEF may obtain the CZMPs prepared through the respective State Governmentor Union territory; 

(ii) The CZMPs may be prepared by the coastal State Government or Union territory by engaging reputed and experienced Scientific institution(s) or the agencies including the National Centre for Sustainable Coastal Management (hereinafter referred to as the NCSCM) of MoEF and in consultation with the concerned stakeholders; 

(iii) The hazard line shall be mapped by MoEF through Sol all along the coastline of the country and the hazard line shall be demarcated taking into account, tide, Waves, Sea level rise and shoreline changes; 

(iv) For the purpose of depicting the flooding due to tides, Waves and Sea level rise in the next fifty and hundred years, the contour mapping of the coastline shall be carried out at 0.5m interval normally upto 7km from HTL on the landward side, and the shoreline changes shall be demarcated based on historical data by comparing the previous satellite imageries with the recent satellite imageries; 

(v) Mapping of the hazardline shall be carried out in 1:25,000 scale for macro level planning
and 1:10,000 scale or cadastral scale for micro level mapping and the hazardline shall be taken into consideration while preparing the land use plan of the coastal areas;
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(ii) the following activities shall require clearance from MoEF, namely:- 
:(a) those activities not listed in the EIA notification, 2006. 
(b) Construction activities relating to projects of Department of Atomic Energy or Defence requirements for which foreshore facilities are essential such as, slipways, jetties, wharves, quays; except for classified operational component of defence projects. Residential buildings, office buildings, hospital Complexes, Workshops of strategic and defence projects in terms of EIA notification, 2006. 
:(c) construction, operation of lighthouses; 
:(d) laying of pipelines, conveying systems, transmission line;

:(e) exploration and extraction of oil and natural gas and all associated activities and facilities thereto; 
:(f) Foreshore requiring facilities for transport of raw materials, facilities for intake of Cooling water and outfall for discharge of treated wastewater or cooling water from thermal powerplants. MoEF may specify for category of projects such as at (i), (g) and (h) of para 4; 
(g) Mining of rare minerals as listed by the Department of Atomic Energy; 
(h) Facilities for generating power by non-conventional energy resources, desalination plants and weather radars; 
(i) Demolition and reconstruction of (a) buildings of archaeological and historical importance, (ii) heritage buildings; and buildings under public use which means buildings such as for the purposes of Worship, education, medical care and Cultural activities, 

'''4.2 Procedure for clearance of permissible activities'''.-All projects attracting this notification shall be considered for CRZ clearance asper the following procedure, namely:- 

(i) The project proponents shall apply with the following documents seeking prior clearance under CRZnotification to the concerned State or the Union territory Coastal Zone Management Authority, 
(a) Form-1 (Annexure-IV of the notification); 
(b) Rapid EIA Report including marine and terrestrial component except for Construction projects listed under 4(c) and (d) 
(c) Comprehensive EIA with cumulative studies for projects in the stretches classified as low and medium eroding by MoEF based on scientific studies and in consultation with the State Governments and Union territory Administration; 
(d) Disaster Management Report, Risk Assessment Report and Management Plan; 
(e) CRZmap indicating HTL and LTL demarcated by one of the authorized agency (as indicated in para 2) in 1:4000 scale; 
(f) Project layout superimposed on the above map indicated at(e) above, 
(g) The CRZmap normally covering 7km radius around the project site. 
(h) The CRZmap indicating the CRZ-I, II, III and IV areas including other notified ecologically sensitive areas, 
(i) No Objection Certificate from the concerned State Pollution Control Boards or Union territory Pollution Control Committees for the projects involving discharge of effluents, Solid wastes, sewage and the like.;
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(viii) Port and harbour projects in high eroding stretches of the Coast, except those projects classified as strategic and defence related in terms of EIA notification, 2006 identified by MoEF based on scientific studies and in consultation with the State Government or the Union territory Administration. 

(ix) Reclamation for commercial purposes such as shopping and housing complexes, hotels and entertainmentactivities. 

(x) Mining of sand, rocks and other sub-strata materials except, 
:(a) those rare minerals not available outside the CRZ area, 
:(b) exploration and exploitation of Oil and Natural Gas. 

(xi) Drawl of groundwater and construction related thereto, within 200mts of HTL, except the following:- 
:(a) in the areas which are inhabited by the local communities and only for their use. 
:(b) In the area between 200mts-500mts zone the draw of groundwater shall be permitted only when done manually through ordinary wells for drinking, horticulture, agriculture and fisheries and where no other Source of Wateris available. 
'''Note:-''' Restrictions for such draw may be imposed by the Authority designated by the State Government and Union territory Administration in the areas affected by seawater intrusion. 

:(xi) Construction activities in CRZ-l except those specified in para 8 of this notification. 

: (xiii) Dressing or altering the sand dunes, hills, natural features including landscape changes for beautification, recreation and other such purpose. (xiv) Facilities required for patrolling and vigilance activities of marine/coastal police stations. 
'''

'''4. Regulation of permissible activities in CRZ area.-''' The following activities shall be regulated except those prohibited in para 3 above, '''

(i)(a) clearance shall be given for any activity within the CRZonly if it requires waterfront and foreshore facilities; 
(b) for those projects which are listed under this notification and also attract EIA notification, 2006 (S.O. 1533 (E), dated the 14th September, 2006), for such projects clearance under EIA notification only shall be required subject to being recommended by the concerned State or Union territory Coastal Zone Management Authority (hereinafter referred to as the CZMA). 
(c) Housing schemes in CRZas specified in paragraph 8 of this notification; 
(d) Construction involving more than 20,000sq mts built-up area in CRZ-ll shall be considered in accordance with EIA notification, 2006 and in case of projects less than 20,000sq mts built-up area shall be approved by the concerned State or Union territory Planning authorities in accordance with this notification after obtaining recommendations from the concerned CZMA and prior recommendations of the concern CZMA shall be essential for considering the grant of environmental clearance under EIA notification, 2006 or grant of approval by the relevant planning authority. 
(e) MoEF may under a specific or general order specify projects which require prior public hearing of project affected people. 
(f) construction and operation for ports and harbours, jetties, wharves, quays, slipways, ship construction yards, breakwaters, groynes, erosion control measures;
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(a) transfer of hazardous substances from ships to ports, terminals and refineries and vice versa; 
(b) facilities for receipt and storage of petroleum products and liquefied natural gas as specified in Annexure-ll appended to this notification and facilities for regasification of Liquefied Natural Gas (hereinafter referred to as the LNG) in the areas not classified as CRZ-I(i) subject to implementation of safety regulations including guidelines issued by the Oil Industry Safety Directorate in the Ministry of Petroleum and Natural Gas and guidelines issued by MoEF and subject to further terms and Conditions for implementation of ameliorative and restorative measures in relation to environment as may be stipulated by in MoEF: 
Provided that facilities for receipt and storage of fertilizers and raw materials required for manufacture of fertilizers like ammonia, phosphoric acid, sulphur, sulphuric acid, nitric acid and the like, shall be permitted within the said zone in the areas not classified as CRZ-l(i). 

(iii)Setting up and expansion of fish processing units including warehousing except hatchery and natural fish drying in permitted areas: 

(iv) Land reclamation, bunding or disturbing the natural course of seawater except those, 
:(a) required for setting up, construction or modernisation or expansion of foreshorefacilities like ports, harbours, jetties, wharves, quays, slipways, bridges, sealink, road on stilts, and such as meant for defence and security purpose and for other facilities that are essential for activities permissible under the notification; 
:(b) measures for control of erosion, based on Scientific including Environmental Impact Assessment (hereinafter referred to as the EIA) studies 
:(c) maintenance or clearing of waterways, channels and ports, based on EIA studies; 
:(d) measures to prevent Sandbars, installation of tidal regulators, laying of stormwater drains or for structures for prevention of salinity ingress and freshwater recharge based on carried out by any agency to be specified by MoEF. 

(v) Setting up and expansion of units or mechanism for disposal of wastes and effluents except facilities required for 
(a) discharging treated effluents into the watercourse with approval under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974); 
(b) storm water drains and ancillary structures for pumping; 
(c) treatment of waste and effluents arising from hotels, beach resorts and human settlements located in CRZ areas other than CRZ-land disposal of treated wastes and effluents; 

(vi) Discharge of untreated waste and effluents from industries, cities or towns and other human settlements. The concerned authorities shall implement schemes for phasing out existing discharge of this nature, if any, within a time period not exceeding two years from the date of issue of this notification. 

(vii) Dumping of city or town wastes including Construction debris, industrial Solid wastes, fly ash for the purpose of land filling and the like and the concerned authority shall implement schemes for phasing out any existing practice, if any, shall be phased out within a period of one year from date of commencement of this notification. 
'''Note.-''' The MoEF will issue a separate instruction to the State Governments and Union territory Administration in respect of preparation of Action Plans and their implementation as also monitoring including the time schedule thereof, in respect of paras (v), (vi) and (vii).
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be regulated shall be governed by the distance upto which the tidal effects are experienced which shall be determined based on salinity concentration of 5 parts per thousand (ppt) measured during the driest period of the year and distance upto which tidal effects are experienced shall be clearly identified and demarcated accordingly in the Coastal Zone Management Plans (hereinafter referred to as the CZMPs). 
:'''Explanation-'''. For the purposes of this sub-paragraph the expression tidal influenced water bodies means the water bodies influenced by tidal effects from sea, in the bays, estuaries, rivers, creeks, backwaters, lagoons, ponds Connected to the sea or Creeks and the like. 
:(iii) the land area falling between the hazardline and 500mts from HTL on the landward side, in case of seafront and between the hazardline and 100mts line in case of tidal influenced water body the word "hazard line' denotes the line demarcated by Ministry of Environment and Forests (hereinafter referred to as the MoEF) through the Survey of India (hereinafter referred to as the Sol) taking into account tides, Waves, sea level rise and shoreline changes. 
:(iv) land area between HTL and Low Tide Line (hereinafter referred to as the LTL) which Will be termed as the intertidal zone. 
:(v) the water and the bed area between the LTL to the territorial water limit (12 Nm) in case of sea and the Water and the bed area between LTL at the bank to the LTL on the opposite side of the bank, of tidal influenced water bodies. 

'''2.''' For the purposes of this notification, the HTL means the line on the land upto which the
highest waterline reaches during the spring tide and shall be demarcated uniformly in all parts of the country by the demarcating authority(s) so authorized by the MoEF in accordance with the general guidelines issued at Annexure-l. HTL shall be demarcated within one year from the date of issue of this notification. 

'''3. Prohibited activities within CRZ.-'''The following are declared as prohibited activities within the CRZ 
:(i) Setting up of new industries and expansion of existing industries except, - 
: (a) those directly related to waterfront or directly needing foreshore facilities; 
'''Explanation.-'''The expression"foreshore facilities"means those activities permissible under this notification and they require waterfront for their operations such as ports and harbours, jetties, quays, wharves, erosion control measures, breakwaters, pipelines, lighthouses, navigational safety facilities, coastal police stations and the like.; 
(b) projects of Department of Atomic Energy; 
(c) facilities for generating power by non-conventional energy sources and setting up of desalination plants in the areas not classified as CRZ-1 () based on an impact assessment study including social impacts.; 
(d) development of greenfield Airport already permitted only at Navi Mumbai;

(e) reconstruction, repair Works of dwelling units of local Communities including fishers in accordance with local town and country planning regulations. 

(ii) manufacture or handling oil storage or disposal of hazardous substance as specified in the notification of Ministry of Environment and Forests, No. S.O.594 (E), dated the 28th July 1989, S.O.No.966(E), dated the 27th November, 1989 and GSR 1037(E), dated the 5th December,1989
except,-
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{{center|'''COASTAL REGULATON ZONE NOTIFICATION, 2011'''}} 
{{center|'''MINISTRY OF ENVIRONMENT AND FORESTS'''} 
{{center|(Department of Environment, Forests and Wildlife)'''} 
'''S.O.19(E)'''-WHEREAS a draft notification under sub-section (1) of section and clause (V) of subsection (2) of section 3 of the Environment (Protection)Act, 1986 was issued inviting objections and suggestions for the declaration of coastal stretches as Coastal Regulation Zone and imposing restrictions on industries, operations and processes in the CRZ was published vide S.O.No.2291 (E), dated 15th September, 2010.; 
AND WHEREAS, copies of the said Gazette were made available to the public on 15th September, 2010. 
AND WHEREAS, the suggestions and objections received from the public have been considered by the Central Government. 

Now, therefore, in exercise of the powers conferred by sub-section (1) and clause (v) of subsection (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986), the Central Government, with a view to ensure livelihood security to the fisher communities and other local communities, living in the coastal areas, to conserve and protect coastal stretches, its unique environment and its marine area and to promote development through sustainable manner based on scientific principles taking into account the dangers of natural hazards in the Coastal areas, sea level rise due to global Warming, does hereby, declare the Coastal stretches of the country and the water area upto its territorial water limit, excluding the islands of Andaman and Nicobar and Lakshadweep and the marine areas surrounding these islands upto its territorial limit, as Coastal Regulation Zone (hereinafter referred to as the CRZ) and restricts the setting up and expansion of any industry, operations or processes and manufacture or handling or Storage or disposal of hazardous substances as specified in the Hazardous Substances (Handling, Management and Transboundary Movement) Rules, 2009 in the aforesaid CRZ.; and 

In exercise of powers also conferred by clause (d) and Sub rule (3) of rule 5 of Environment (Protection) Act, 1986 and in supersession of the notification of the Government of India in the Ministry of Environment and Forests, number S.O. 114(E), dated the 19th February, 1991 except as respects things done or omitted to be done before such supercession, the Central Government hereby declares the following areas as CRZ and imposes with effect from the date of the notification the following restrictions on the setting up and expansion of industries, operations or processes and the like in the CRZ 
(i) the land area from HighTide Line (hereinafter referred to as the HTL) to 500mts on the landward side along the seafront. 
(ii) CRZ shall apply to the land area between HTL to 100 mts or width of the creek whichever is less on the landward side along the tidal influenced water bodies that are Connected to the sea and the distance upto which development along such tidal influenced Water bodies is to
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{{center|'''COASTAL REGULATION ZONE NOTIFICATION, 2011'''}} 

1. Notification on CRZ................................................................... 338 

2. For the purposes of this notification, the HTL means................................................................ 339 

3. Prohibited activities within CRZ....................... 339 

4. Regulation of permissible activities in CRZ area.............................................................. 341 

4.2 Procedure for clearance of permissible activities...............................................................342 

5. Preparation of Coastal Zone Management Plans ............................................................ 343 

6. Enforcement of the CRZ, notification, 2011........ 344 

7. Classification of the CRZ.......................................344 

8. Norms for regulation of activities permissible under this notification............................... 346 

Annexure - I Guidelines For Preparation Of Coastal Zone Management Plans.................. 353 

Annexure - II List of petroleum and chemical products permitted for storage in 
(CRZ except CRZ-l(A))..................................................................................... 356 

Annexure - III Guidelines for development of beach resorts or hotels in the designated 
areas of CRZ-llI and CRZ-ll for occupation of tourist or visitors with prior approval of the 
Ministry of Environment and Forests.............................. 356 

Annexure-IV Form-l for seeking clearance for project attracting CRZ notification.............. 357
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(8) The dog kennel must have sufficient space for proper housing and free movement of dogs. The place should have proper ventilation and natural lighting and must be kept clean. Adults and puppies must be housed separately and amongst the adults the males and females also should be housed separately. Adequate arrangement for drinking water and food shall be made for dogs while in captivity. 

(9) Female dogs found to be pregnant shall not undergo abortion (irrespective of stage of pregnancy) and sterilisation and should be released till they have the litter. 

'''8. Identification and Recording-''' Sterilised dogs shall be vaccinated before release and the ears of these dogs should either be clipped and/or tattooed for being identified as sterilised or immunised dogs. In addition, the dogs may be given token or nylon collars for identification and detailed records of such dogs shall be maintained. Branding of dogs would not be permitted. 

'''9. Euthanasia of Street Dogs.-''' Incurably ill and mortally wounded dogs as diagnosed by a qualified veterinarian appointed by the committee shall be euthanised during specified hours in a humane manner by administering sodium pentathol for adult dogs and Thiopental Introperitoneal for puppies by a qualified veterinarian or euthanised in any other humane manner approved by Animal Welfare Board of India. No dog shall be euthanised in the presence of another dog. The person responsible for euthanising shall make sure that the animal is dead, before disposal. 

'''10. Furious or dumb rabid dogs.-''' (1) On the receipt of complaints from the public to the Dog Control Cell of the Local Authority or on its own, the dog Squad of the Local Authority Would catch such dogs, suspected to be rabid. 

(2) The caught dog would then be taken to the pound where it would be isolated in an isolation ward. 

(3) The suspected rabid dog would then be subjected to inspection by a panel of two persons i.e.- 
(i) a veterinarian surgeon appointed by the Local Authority; and 
(ii) a representative from an Animal Welfare Organisation. 

(4) If the dog is found to have a high probability of having rabies it would be isolated till it dies a natural death. Death normally occurs within 10 days of Contracting rabies. Premature killings of suspected rabid dogs therefore prevents the true incidence of rabies from being known and appropriate action being taken. 

(5) If the dog is found not to have rabies but some other disease it would be handed over to the AWOs who will take the necessary action to Cure and rehabilitate the dog. 

'''11. Disposal of carcasses.-''' The carcasses of Such euthanised dogs shall be disposed of in an incinerator to be provided by the local authority. 

'''12. Guidelines for breeders.-''' (i) A breeder must be registered with Animal Welfare Board of India. 
:(ii) Breeder must maintain full record of the number of pups born/died from individual bitches. 
:(iii) Breeder must maintain record of the person buying the pups. He should ensure that the buyer has the required knowledge for the upkeep of the pups. 

'''13. Application of rules where local bye-laws etc., exist.-''' If there is in force in any area to which these rules extend, any Act, rule, regulation or bye-law made under any law for the time being in force by the State or the Local Authority in respect of any of the matters for which provision is made in these rules, such rule, regulation or bye-law shall to the extent to which-
 
:(a) it contains provisions less irksome to the animal than those contained in these rules,shall prevail; 
:(b) it contains provisions more irksome to the animal than those contained in these rules, be of no effect.
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(b) General:- 
: (i) On receipt of specific complaint about nuisance or dog bite the same shall be attended on priority basis, irrespective of the area from which the complaint comes. On receipt of such complaint the details such as name of the complainant, his complete address, date and time of complaint, nature of complaint etc. shall be recorded in a register to be maintained for permanent record;

: (ii) Capturing for general purpose will be on such dates and time to be specified by the Committee. 

(2) The dog capturing squad shall consist of 
:(i) The driver of the dog van; 
:(ii) Two or more trained employees of the local authority who are trained in capturing of dogs; 
:(iii) One representative of any of the animal Welfare organisation. 
:Each member of the dog squad shall carry, a valid identity card issued by the local authority. The dog capturing squad will be accompanied by a representative of an Animal Welfare Organisation nominated for the purpose. 

:(3) On receipt of specific complaint or for capturing dogs in normal Course the dog squad will visit the concerned area, capture the dogs identified by the complainant in case of complaintoriented capturing and other dogs in case of general capturing. All the dogs caught will be tagged for identification purposes and to ensure that the dogs are released in the same area after sterilisation and vaccination. Only stipulated number of dogs, according to the Animal Birth Control Program target, shall be caught by the van. A record of dogs captured shall be maintained in a register, mentioning therein the name of the areas locality, date and time of capture, names of persons in the dogs squad on that particular day and details about dogs captured such as number of male dogs, number of female dogs, number of puppies etc. 

(4) The dogs shall be captured by using humane methods such as lassoing or soft-loop animal catchers such as those prescribed under the provisions of Prevention of Cruelty (Capture of Animals) Rules, 1979. 

(5) While the dogs are being captured in any locality the representative of the local authority or of the Animal Welfare Organisation accompanying the dog squad will make announcements on a public address system that dogs are being captured from the area for the purpose of sterilisation and immunisation and will be released in the same area after sterilisation and immunisation. The announcement may also briefly educate the residents of the area about the dog control programme and solicit the support of all the residents reassuring them that the local authority is taking adequate steps for their safety. 

:(6) The captured dogs shall be brought to the dog kennels/dog pounds managed by the Animal Welfare Organisations (AWOs). On reaching the dogpounds all the dogs shall be examined by the veterinarians and healthy and sick dogs should be segregated. Sick dogs should be given proper treatment in the hospitals run by Society for Prevention of Cruelty to Animals (SPCA)/ 8(other recognised institutions) and only after they are treated they should be sterilised and vaccinated. The dogs will be sterilised/vaccinated under the supervision of the veterinarians of the hospital run by the Society for Prevention of Cruelty to Animals (SPCA). Animal Welfare Organisation or other dog shelters. After necessary period of follow up, the dogs shall be released at the same place or locality from where they were captured and the date, time and place of their release shall be recorded. The representative of Animal Welfare Organisations (AWOs) shall accompany the dog squad at the time of release also. 

(7) At a time only one lot of dogs shall be brought for sterilisation, immunisation at one dog kennel or dog pound and these dogs shall be from one locality. Two lots from different areas or localities shall not be mixed at the same dog pound or dog kennel.
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(e) a representative of the district Society for Prevention of Cruelty to Animals (SPCA); 
(f) at least two representatives from the Animal Welfare Organisations operating within the said local authority. 
[(g) a representative of the people who is a humanitarian or a well known individual who has experience in animal welfare in the locality.] 
'''5. Functions of the Committee.-''' The Committee constituted under rule 4 shall be responsible for planning and management of dog control programme in accordance with these rules. The Committee may,- 
(a) issue instructions for catching, transportation, sheltering, sterilisation, vaccination, treatment and release of sterilised vaccinated or treated dogs; 
(b) authorise veterinary doctor to decide on case to case basis the need to put to sleep critically ill or fatally injured or rabid dogs in a painless method by using Sodium pentathol. Any other method is strictly prohibited; 
(c) create public awareness, solicit co-operation and funding; 
(d) provide guidelines to pet dog owners and commercial breeders from time to time; 
(e) get a survey done of the number of street dogs by an independent agency; 
(f) take such steps for monitoring the dog bite cases to ascertain the reasons of dog bite, the area where it took place and whether it was from a stray or a pet dog; 
(g) keep a watch on the national and international developments in the field of research pertaining to street dogs' control and management, development of vaccines and Cost effective methods of sterilisation, vaccination, etc. 
1(h) the activities of the Committee shall be brought to the public notice by announcements and advertisements. 
'''6. Obligations of the local authority-''' (1) The local authority shall provide for- 
(a) establishment of a sufficient number of dog pounds including animal kennels/shelters which may be managed by animal Welfare organisations; 
(b) requisite number of dog vans with ramps for the capture and transportation of street dogs; 
(c) one driver and two trained dog catchers to be provided for each dog van; 
(d) an ambulance-cum-clinical van to be provided as mobile center for sterilisation and immunisation; 
(e) incinerators to be installed by the local authority for disposal of carcasses. 
(f) periodic repair of shelter or pound. 

(2) If the Municipal Corporation or the local authority thinks it expedient to Control street dog population, it shall be incumbent upon them to sterilise and immunise street dogs with the participation of animal welfare organisations, private individuals and the local authority. 

(3) The animal welfare organisations shal be reimbursed the expenses of sterilisation/ immunisation at a rate to be fixed by the Committee on fortnightly basis based on the number of sterilisation/immunisation done. 

2(4) The Monitoring committee of the said locality shall meet at least once in every month to assess the progress made in regard to implementation of the Animal Birth Control Programme. 

'''7. Capturing/sterilisation/immunisation/release.-''' (1) Capturing of dogs shall be based On:- 
(a) Specific complaints (for which the local authority in consultation with the Monitoring Committee shall set up a dog control cell to receive complaints about dog nuisance, dog bites and information about rabid dogs); and
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{{center|'''THE ANIMAL BIRTH CONTROL (DOGS) RULES, 2001''' }}
In exercise of the powers conferred by the sub-sections (1) and (2) of section 38 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960), the Central Government hereby makes
the following rules, namely:- 
'''1. Short title and commencement.-''' (1) These rules may be called the Animal Birth
Control (Dogs) Rules, 2001. 
(2) They shall come into force on the date of their publication in the Official Gazette.
 
'''2. Definition.-''' In these rules, unless the context otherwise requires,- 
(a) "Act" means the Prevention of Cruelty to Animals Act, 1960 (59 of 1960);
 
(b) "Animal Welfare Organisation" means and includes the Society for Prevention of Cruelty to Animals and any other welfare organisation for animals which is registered under the Societies Registration Act of 1860 (21 of 1860) or any other corresponding law for the time being in force and which is recognised by the Animal Welfare Board of India; 
(c) "Board" means the Animal Welfare Board of India, established under section 4 and as reconstituted under section 5A of the Act; 
(d) "Committee" means a committee appointed under these rules; 
(e) "Local Authority" means a municipal committee, district board or other authority for the time being invested by law with the control and administration of any matters within a specified local area; 
(f) "owner" means the owner of an animal and includes any other person in possession or custody of such animal whether with or without the consent of the owner; 
(g) "Veterinary doctor" means a person who holds a degree of a recognised veterinary college and is registered with the Indian Veterinary Council. 
'''3. Classification of dogs and their sterilisation.-''' (1) All dogs shall be classified in one of the following two categories (i) pet dogs, (ii) street dogs.
 
(2) The owner of pet dogs shall be responsible for the controlled breeding, immunisation, sterilisation and licensing in accordance with these rules and the law for the time being in force within a specified local area. 
(3) The street dogs shall be sterilised and immunised by participation of Animal Welfare Organisations, private individuals and the local authority. 
'''4. Formation of Committee.-''' A monitoring Committee consisting of the following persons shall be constituted by the local authority (for a period of three years), namely- 
(a) Commissioner/Chief of the local authority, who shall be the ex-officio Chairman of the Committee; 
(b) a representative of the Public Health Department of the local authority; 
(c) a representative of the Animal Welfare Department if any of the local authority; 
(d) a veterinary doctor;
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'''ANIMAL BIRTH CONTROL (DOGS) RULES, 2001'''

1. Short title and Commencement............................................................... 333

2.Definition...................................................................................................333

3. Classification of dogs and their sterilisation........................................... 333

4. Formation of Committee....................................................................... 333

5. Functions of the Committee ................................................................ 334

6. Obligations of the local authority......................................................... 334

7. Capturing/sterilisation/immunisation/release....................................... 334

8. Identification and Recording............................................................... 336

9. Euthanasia of Street Dogs................................................................. 336

10. Furious or dumb rabid dogs............................................................. 336

11. Disposal of carcasses .................................................................... 336

12. Guidelines for breeders................................................................... 336

13. Application of rules where local bye-laws etc., exist....................... 336
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(d) the powers and duties of authorities and officers under this Act; 
(e) the conditions of service of the assessing authorities and appellate authorities; 
(f) the form in which appeals under this Act shall be presented and the manner in which they shall be verified; 
(g) the manner in which and the authority to which applications for refund shall be made and the procedure to be followed in respect of such applications; and 
(h) any other matter which has to be, or may be, prescribed. 
(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 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. 
'''30. Establishment of Housing Fund and its utilisation.-''' (1) On the commencement of this Act, there shall be established a fund to be called the Kerala State Poor Housing Fund (hereinafter in this section referred to as "the Housing Fund'). 
(2) The proceeds of the tax on employment levied and collected under this Act, together with the fines, interest and fees recovered thereunder, shall first be credited to the consolidated Fund of the State and, after deducting the expenses of collection and recovery as determined by the Government, the remaining amount shall, under appropriation duly made by law in this behalf, be entered into, and transferred to, the Housing Fund. 
(3) Any amount transferred to the Housing Fund shall be charged on the Consolidated Fund of the State. 
(4) No sum shall be paid or applied from and out of the Housing Fund except in the manner and for the purpose provided in sub-sections (5) and (6). 
(5) The amount standing to the credit of the Housing Fund shall be expended in such manner and subject to such conditions as may be prescribed for the purpose of providing house sites for landless poor persons. 
'''Explanation:-''' For the purposes of this sub-section, "landless poor person" means a person who does not hold any land which is fit for construction of a dwelling house, either as owner or as tenant having fixity of tenure, and whose annual income is not more than six hundred rupees. 
(6) The housing Fund shall be held and administered on behalf of the Government by an officer not below the rank of Secretary to the Government, subject to such general or special directions as may be given by the Government from time to time. 
'''31. Repeal.-''' The Kerala Tax on Employment Ordinance, 1975 (16 of 1975), is hereby repealed. 

{{center|'''THE SCHEDULE'''}} 
{{center|(See section 4) }}
'''Rates of tax on employment'''
 
{| class=wikitable
|-
| Class || Half-yearly income || RS.
|-
| I || Not more than Rs. 1,800 || Nil
|-
| II || More than Rs. 1,800 but not more than Rs.3,000 || 6
|-
| III || More than Rs.3,000 but not more than Rs.4,800 || 18
|-
| IV || More than Rs.4,800 but not more than Rs.6,000 || 37.5
|-
| V || More than Rs.6,000 but not more than Rs. 9,000 || 50
|-
| VI || More than Rs.9,000 but not more than Rs.12,000 || 75
|-
| VII || More than Rs.12,000 but not more than Rs.15,000 || 100
|-
| VIII || More than Rs.15,000 || 125
|}
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(2) Any such notice or requisition may be addressed
 
(a) in the case of a firm or a Hindu undivided family or an Aliyasanthana family or branch or a Marumakkathayam tarwad or tawazi or a family to which the provision of the Kerala Namboodiri Act, 1958, apply, to any member of the firm or to the Manager, Yajaman or Karanavan, as the case may be, or any adult member of the family, branch, tarwad or tavazhi;
 
(b) in the case of a local authority or company, to the principal officer thereof;
 
(c) in the case of any other association or body of individuals, to the principal officer or any member thereof; 
(d) in the case of any other person (not being an individual), to the person who manages or controls his affairs. 
'''23. Liability of agents of companies, firm, associations, etc., to tax on employment.-'''The tax on employer leviable from a company, firm, association, Hindu undivided family Aliyasanthana family or branch, Marumakkathayam tarwad or tavazhi or a family to which the provisions of the Kerala Namboodiri Act, 1958, apply, may be levied from the agent of the company, form or association or the Manager, Yajaman or Karanavan of the family, branch, tarwad or tavazhi, as the case may be. 
'''24. Statements, returns etc., to be confidential-'''All statements made, returns furnished or accounts or documents produced in connection with the assessment of the tax on employment under this Act shall be treated as confidential and shall not be granted to the public.
 
'''25. Computation of periods of limitation.-'''In computing the period of limitation prescribed for an appeal under this Act, the time required for obtaining a copy of the order complained of shall be excluded.
 
'''26. Bar of jurisdiction.-''' No suit shall lie in any civil court to set aside or modify any assessment made under this Act and no prosecution, suit or other legal proceeding shall lie against the Government or any authority or officer for anything in good faith done or intended to be done under this Act.
 
'''27. Power of assessing authority, etc., to call for information from local authorities-.'''The assessing authority or the appellate authority or the District Court or the revisional authority may, for the purposes of this Act, call for any information regarding an assessee from the local authority to which that assessee is liable to pay the profession tax payable under the law governing that local authority, and such local authority shall be bound to furnish the information.
 
'''28. Removal of difficulties.-''' If any difficulty arises in giving effect to the provisions of this Act, the Government may, by general or special order published in the Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to them to be necessary or expedient for the purpose of removing the difficulty:
 
Provided that no such order shall be made under this section after the expiry of three years
from the commencement of this Act. 
'''29. Power to make rules.-''' (1) The Government may, by notification in the Gazette, make rules for carrying out the purposes of this Act. 
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for 
*(a) the procedure for the assessment, levy and collection of the tax on employment; 
*6(b) the procedure for deduction and remittance of tax on employment by the employer who is an officer of the Government;
 
*(bb) the form of the certificate of registration, certificate of enrolment, notice of demand and other notice to be issued under this Act.)
 
*(c) the mode and manner of payment of the tax on employment;
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(a) enforcing the attendance of any person and examining him on oath or affirmation; 
(b) requiring the discovery and production of documents; 
(c) receiving evidence on affidavit; 
(d) issuing commissions for the examination of witnesses. 
'''18. Refunds.-''' (1) If any person satisfies the assessing authority that the amount of the tax on employment paid by him exceeds the amount with which such person is properly assessable under this Act, he shall be entitled to a refund of such excess.
 
(2) The appellate authority in the exercise of its appellate powers or the revisional authority in the exercise of its appellate powers or the revisional authority in the exercise of its revisional powers, if satisfied to the like effect, shall cause a refund to be made by the assessing authority of any amount found to have been wrongly paid or paid in excess. 
'''19. Limitation of claims for refund-''' No claim to any refund to the tax on employment under section 18 shall be admitted unless it is made within three years from the date of the order of assessment or, where an appeal has been preferred or where there has been a revision, within three years from the order in appeal or revision, as the case may be. 
'''20. Prosecutions.-''' (1) 5An employer or other person who, without sufficient cause, fails to comply with any of the provisions of this Act or the rules framed there under shall, on conviction before a Magistrate, be punishable with fine not exceeding five thousand rupees, and, when the offence is a continuing one, with fine not exceeding fifty rupees per day during the period of the continuance of the offence. 
(2) A person shall not be proceeded against for an offence under this section except at the instance of the assessing authority. 
(3) The District Collector may, either before or after the institution of proceedings, compound any such offence. 
'''Explanation:-''' For the purposes of this section, "Magistrate" means a Judicial Magistrate of the First Class or a Judicial Magistrate of the Second Class specially empowered by the Government to try offences under this Act. 
'''21. Offences by companies.-''' (1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the Company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: 
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. 
(2) Notwithstanding anything contained in sub-section (1) where any offence under this Act has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the Company, such director, manager, Secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. 
'''Explanation:-''' For the purposes of this section,--
 
(a) "company" means anybody corporate and includes a firm or other association of individuals;
and 
(b) “director", in relation to a firm, means a partner in the firm. 
'''22. Manner of service of notice.-''' (1) A notice or requisition under this Act may be served
on the person therein named either by post or as if it were a summons issued by a civil Court under
the Code of Civil Procedure, 1908 (Central Act 5 of 1908).
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passed under this section, the assessing authority shall serve upon the employer liable to pay such tax, a notice of demand in the prescribed form specifying the sum so payable and the time within which and the person to whom it shall be paid. 
'''9. Power to assess in case of escape from assessment.-''' If for any reason any employer or other person liable to pay the tax on employment has escaped assessment in any half-year, the assessing authority may, at any time within three years from the date on which such person should have been assessed, serve on such person a notice assessing him to such tax and demanding payment thereof within such time as may be specified in the notice, and the provisions of this Act shall, so far as may be, apply as if the assessment was made in the half-year to which such tax relates. 
'''10. Payment and recovery of tax on employment.-''' Any amount specified payable in a notice of demand or in a certificate of enrolment or in a notice under section 9 shall be paid within the time specified in the notice demand or in the certificate of enrolment or in the notice, as the case may be, and any employer or other person failing so to pay shall be deemed to be in default. 
'''11. Mode of recovery.-''' Without prejudice to any other mode of recovery the arrears of tax
on employment payable and the penalty imposed under this Act may be recovered under the provisions of the Revenue Recovery Act for the time being in force as if it were an arrear of public revenue due On land. 
'''12. Penalty for non-payment of tax on employment.-''' If an employer who holds a certificate of registration or a person who holds certificate enrolment fails without reasonable cause to make payment of any amount of the tax on employment due from him within the time specified in the notice of demand, the assessing authority may, after giving him a reasonable opportunity of being heard, impose on him penalty not exceeding fifty percent of the amount of the tax on employment due from him. 
'''13. Appeals.-''' (1) Any person objecting to the amount of the tax on employment specified in a notice of demand or other notice issued under this Act) or denying his liability to be assessed under this Act or objecting to any order of the assessing authority under this Act, may appeal to the appellate authority against the assessment or against Such order: 
Provided that no Such appeal shall lie unless the tax on employment has been paid.
 
(2) An appeal under sub-section (1) shall be in the prescribed form and shall be verified in the prescribed manner. 
(3) The appeal shall be presented within a period of sixty days from the date of receipt of the notice of demand or other notice relating to the assessment or the date of receipt of the order as the case may be, but the appellate authority may admit an appeal presented after the expiration of the said period, if it is satisfied that the appellant had sufficient cause for not presenting it within the said period:
 

Provided, however, that no such appeal shall be admitted after a period of six months from the date of service of the notice of demand relating to the assessment or the date of service of the order, as the case may be.
 
(4) The appellate authority shall fix a day and place for the hearing of the appeal and may, from time to time adjourn the hearing and make or cause to be made such further inquiry as it thinks fit. 

(5) At the hearing of the appeal, the assessing authority shall also have a right to be heard.
 
(6) In disposing of an appeal, the appellate authority may 
(a) in the case of an order of assessment,- 

*(i) confirm, reduce, enhance or annul the assessment; or 
*(ii) set aside the assessment and direct the assessing authority to make a fresh
assessment after such further inquiry as may be directed:
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{{center|'''THE KERALA TAX ON EMPLOYMENT ACT, 1976'''}} 
'''{{center|(Act 14 of 1976 as amended by Act 16 of 1977)'''}} 

An Act to provide for the levy of a tax on employment 
'''Preamble:-''' Whereas it is expedient to provide for the levy of a tax on employment; 
Be it enacted in the Twenty-seventh Year of the Republic of India as follows:- 
'''1. Short title, extent and commencement.-''' (1) This Act may be called the Kerala Tax on Employment Act, 1976. 
(2) It extends to the whole of the State of Kerala. 
(3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint. 
'''2. Definitions.-''' In this Act, unless the context otherwise requires,- 
(a) "appellate authority" means an appellate authority appointed under section 3; 
(b) the expressions "appoint", "appointment", "lodging house", "residence" and "reside" shall have the meanings respectively assigned to them in the Kerala Municipalities Act, 1960 (14 of 1961); 
(c) "assessee" means a person by whom the tax on employment or any other sum of
money is payable under this Act and includes every person in respect of whom any proceeding under this Act has been taken for the assessment of the tax on employment payable by him;
 
(d) "assessing authority" means the assessing authority appointed under section 3; 
(e) "company" means a company as defined in section 3 of the Companies Act, 1956 (Central Act 1 of 1956), and includes a foreign company within the meaning of section 591 of that Act and a co-operative society registered or deemed to be registered under the law relating to cooperative societies for the time being in force, whether its principal place of business is situated in the State or not; 
(ee) "employer" in relation to an employee earning any salary or wages under him, means the person who is responsible for the disbursement of such salary or wages and includes the head of office of an establishment as well as the manager or agent to the employer) 
(f) "employment" includes self-employment; 
(g) "local authority" means a municipal corporation or a municipal council or a township committee or a panchayat; 
(h) "prescribed" means prescribed by rules made under this Act; (i) "State" means the State of Kerala; 
(j) the expression "transacts business" shall be deemed to include the doing of acts of
business of whatever nature, whether isolated or not, such as soliciting, obtaining or transmitting orders or buying, making, manufacturing, exporting, importing, recovering, transmitting or otherwise
dealing with goods; 
(k) "year" means the financial year. 
'''3. Authorities.- (1)''' The Government may, by notification in the Gazette, appoint such officers as they think fit to be assessing authorities for the purpose of this Act and may assign to them such local limits as the Government may think fit.

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'''THE KERALA TAX ON EMPLOYMENT ACT, 1976'''

Sections Pages 
1. Short title, extent and Commencement............................................................................. 324 
2. Definitions. ......................................................................................................................... 324 
3. Authorities.......................................................................................................................... 324 
4. Charge of tax. ..................................................................................................................... 325 
5. Employer's liability to deduct and pay tax on employment on behalf of the employees. ... 325 
6. Registration and enrolment................................................................................................ 325 
7. Returns............................................................................................................................... 326 
8. Assessment of employers................................................................................................. 326 
9. Power to assess in case of escape from assessment..................................................... 327 
10. Payment and recovery of tax on employment. ................................................................. 327 
11. Mode of recovery................................................................................................................ 327 
12. Penalty for non-payment of tax on employment. .............................................................. 327 
13. Appeals. ............................................................................................................................. 327 
14. Reference to District Court. ............................................................................................... 328 
15. Powers of revision of the District Collector........................................................................ 328 
16. Rartification of mistakes. .................................................................. 328 
17. Power to take evidence on Oath, etc................................................................................. 328 
18. Refunds. .............................................................................................................................329 
19. Limitation of claims for refund............................................................................................ 329 
20.Prosecutions...............................................................................................329 
21. Offences by Companies..................................................................................................... 329 
22. Manner of Service of notice................................................................................................ 329 
23. Liability of agents of companies, firm, associations, etc., to tax on employment. ......... 330 
24. Statements, returns etc., to be confidential...................................................................... 330 
25. Computation of periods of limitation.................................................................................. 330 
26. Bar of jurisdiction........................................................................................................330 
27. Power of assessing authority, etc., to call for information from local authorities............. 330 
28. Removal of difficulties. ....................................................................................................... 330 
29. Power to make rules.......................................................................................................... 330 
30. Establishment of Housing Fund and its utilisation. .......................................................... 331 
31. Repeal. ........................... ................................................................................................... 331 
THE SCHEDULE.......................................................................................................331
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326 '''THE KERALA TAX ON EMPLOYMENT ACT, 1976'''
 
as the case may be to the assessing authority in the prescribed form, and the assessing authority shall, after making such inquiry as it deems necessary, grant him such certificate.
 
(4) Every person referred to in sub-section (2) shall apply for a revised certificate of enrolment to the assessing authority in the prescribed form within thirty days of his becoming liable to pay tax on employment at the rate higher or lower than that specified in the certificate of enrolment, and the assessing authority shall, after making such inquiry as it deems necessary, grant him a revised certificate of enrolment.
 
(5) The assessing authority shallmention in every certificate of enrolment the amount of the tax on employment payable for a half-year and the date by which and the place at which and the person to whom such tax on employment shall be payable by the holder of such certificate, and such certificate shall be deemed to be a notice of demand for the purposes of this Act.
 
(6) Where an employer or a person liable to apply for a certificate of enrolment has wilfully failed to apply for the certificate of registration or the certificate of enrolment, as the case may be, within the required time, the assessing authority may, after giving him a reasonable opportunity of being heard, impose on him a penalty not exceeding twenty rupees for each day of delay in the case of an employer and not exceeding five rupees for each day of delay in the case of any other person.
 
(7) Where an employer or other person has deliberately given false information in any application made under this section, the assessing authority may, after giving him a reasonable opportunity of being heard, impose on him a penalty not exceeding one thousand rupees.

'''7. Returns.-''' (1) Every employer who has obtained a certificate of registration under this
Act shall furnish to the assessing authority within fifteen days of the expiry of every half-year, a return in the prescribed form showing therein the salaries and wages paid by him and the amount of the tax on employment deducted by him in respect thereof, during that half-year.
 
(2) Every such return shall be accompanied by a treasury chalan in proof of payment of the full amount of the tax on employment due according to the return, and a return without such proof of payment shall not be deemed to have been duly filed.
 
(3) Where an employer has wilfully failed to file such return within the required time, the assessing authority may, after giving him a reasonable opportunity of being heard, impose on him a penalty not exceeding five rupees for each day of delay.
 
'''8. Assessment of employers.-''' (1) If the assessing authority is satisfied that the return filed by an employer under section 7 is correct and complete, it shall accept the return and assess the tax on employment due from that employer in accordance with such return.
 
(2) If the assessing authority is not satisfied that a return referred to in sub-section (1) is correct and complete, it shall serve on the employer a notice requiring him, on a date specified in the notice, to attend in person or through an authorised representative, and to produce accounts and papers in support of the return. 
(3) The assessing authority shall, on examination of the accounts and papers produced in compliance with the notice under sub-section (2), assess the amount of the tax on employment payable by the employer. 
(4) If the employer fails to comply with the terms of a notice under sub-section (2), or if in the opinion of the assessing authority the accounts and papers are incorrector incomplete or unreliable, that authority shall, after such inquiry as it deems fit, assess the tax on employment due, to the best of its judgment. 
(5) If an employer has wilfully failed to get himself registered or being registered has failed to file any return, the assessing authority shall after giving the employer a reasonable opportunity of being heard and after holding such inquiry as it deems fit, pass an order assessing the amount of the tax on employment due, to the best of its judgment.
 
(6) When any tax on employment is due from an employer in consequence of any order
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'''7. Submission of Returns.-''' (1) The Executive Engineer in charge of the bridge shall furnish to the Chief Engineer in charge of Bridges and Roads, every quarter, in the 2nd week of July, October, January and April,- 
(a) A Consolidated reconciled statement showing month-wise amount Collected and remitted on account of toll proceeds together with the fines, interest and fees received thereunder in respect of each bridge along with the details of the number and date of chalan with which the said amounts were remitted, and 
(b) A break-up of the month-wise expenditure incurred on each bridge by the Assistant Engineer required to be deducted towards collection charges of the tolls on the basis of actual expenditure incurred. 
(2) The Chief Engineerin charged of Bridges and Roads shall forward a reconciled consolidated statement to the Accountant General every quarter before the end of July, October, January and April.

'''8. Furnishing of Security'''.- The Officers in charge of toll collection and the Assistant Engineer concerned shall furnish security covered by Fidelity Insurance as provided under article 
 
'''9. Credit of the proceeds of the Tolls and its Utilisation.-''' (1) The amount to be allocated from the Consolidated Fund of the State by Government to the Bridges and Roads Fund shall be equal to the amount of tolls, together with fines, interest and fees recovered under the Act and these Rules reduced by 12% of the total collection towards collection charges within the State. The amount standing to the credit of the Fund shall be allocated by the Government for construction of new bridges which shall be liable for levy of tolls under these rules, and are included in the Budget Estimate of the State with prior approval of the Government to be financed from the Fund. 

(2) The proceeds of the tolls remaining unutilised at the end of the financial year shall not lapse at the close of that financial year but shall be available for being utilised during subsequent year or years against individual Works to be approved by the Government.
 
'''10. Appointment of other Officers for Collection of Tolls etc.'''-Notwithstanding anything contained in these rules Government may appoint any other Officer(s) to collect the tolls and or to check the working of the collection booths

|-

|-
! Sl No !! Particulars of Vehicle !! Toll for Bridges costing not less than Rs.15 Lakhs And upto 50 Lakhs !! Toll for Bridges costing not less than Rs.50 Lakhs And upto 100 Lakhs !! Toll for Bridges costing more than Rs.100 Lakhs.
|-
1 ||| . Motor Cycle, Scooter or any other two wheeled Motor Vehicles and Autorick-shaws || Rs..50 || Rs..50 || Rs..50
|-
2 ||(a) Motor Car, Taxi,Jeep, Pick up Van and other light motor vehicles without
|| || ||
|-
| || || || ||
|}
 
''' 

{{center|'''THE SCHEDULE See rule 3(1)''')'''}}

Toll chargeable in respect of Motor Vehicles entering bridges costing not less than Rupees 35 lakhs on highways completed/ to be completed and opened to traffic in regard to vehicles other than vehicles belonging to the Government of Kerala or the Government of India.

{| class="wikitable"
! Sl no !! Particulars of vehicle !! Toll for bridges costing not Costing more bridges less than Rs.15 lakhs and upto Rs. 50 lakhs !! Toll for bridges costing more than Rs. 50 lakhs and upto Rs. 100 lakhs !! Toll for bridges costing more than 100 lakhs
|-
| 1 || Motor Cycle, Scooter or any other two wheeled Motor Vehicles and Autorick-shaws || RS. 0.50 || RS. 0.50 || Rs . 0.50
|-
| 2 || (a) Motor Car, Taxi, Jeep, Pick up Van and other light motor vehicles without trailer (b) With trailer ||a) 2.00 b)3.00 || a)2.00 b) 3.00 || a)2.00 b) 3.00
|-
| || || || ||
|-
| 3 || Buses and Lorries laden with or without passengers/ goods or not, chassis with or without body, Tractor, and Tractor Trailer combination. || 6.00 || 8.00 || 10.00
|-
| 4 || Other vehicles not mentioned above like mobile cranes, dozers, earth movers, road rollers etc. || 6.00 || 8.00 || 10.00
|}

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'''7. Submission of Returns.-''' (1) The Executive Engineer in charge of the bridge shall furnish to the Chief Engineer in charge of Bridges and Roads, every quarter, in the 2nd week of July, October, January and April,- 
(a) A Consolidated reconciled statement showing month-wise amount Collected and remitted on account of toll proceeds together with the fines, interest and fees received thereunder in respect of each bridge along with the details of the number and date of chalan with which the said amounts were remitted, and 
(b) A break-up of the month-wise expenditure incurred on each bridge by the Assistant Engineer required to be deducted towards collection charges of the tolls on the basis of actual expenditure incurred. 
(2) The Chief Engineerin charged of Bridges and Roads shall forward a reconciled consolidated statement to the Accountant General every quarter before the end of July, October, January and April.

'''8. Furnishing of Security'''.- The Officers in charge of toll collection and the Assistant Engineer concerned shall furnish security covered by Fidelity Insurance as provided under article 
 
'''9. Credit of the proceeds of the Tolls and its Utilisation.-''' (1) The amount to be allocated from the Consolidated Fund of the State by Government to the Bridges and Roads Fund shall be equal to the amount of tolls, together with fines, interest and fees recovered under the Act and these Rules reduced by 12% of the total collection towards collection charges within the State. The amount standing to the credit of the Fund shall be allocated by the Government for construction of new bridges which shall be liable for levy of tolls under these rules, and are included in the Budget Estimate of the State with prior approval of the Government to be financed from the Fund. 

(2) The proceeds of the tolls remaining unutilised at the end of the financial year shall not lapse at the close of that financial year but shall be available for being utilised during subsequent year or years against individual Works to be approved by the Government.
 
'''10. Appointment of other Officers for Collection of Tolls etc.'''-Notwithstanding anything contained in these rules Government may appoint any other Officer(s) to collect the tolls and or to check the working of the collection booths

|-

|-
! Sl No !! Particulars of Vehicle !! Toll for Bridges costing not less than Rs.15 Lakhs And upto 50 Lakhs !! Toll for Bridges costing not less than Rs.50 Lakhs And upto 100 Lakhs !! Toll for Bridges costing more than Rs.100 Lakhs.
|-
1 ||| . Motor Cycle, Scooter or any other two wheeled Motor Vehicles and Autorick-shaws || Rs..50 || Rs..50 || Rs..50
|-
2 ||(a) Motor Car, Taxi,Jeep, Pick up Van and other light motor vehicles without
|| || ||
|-
| || || || ||
|}
 
''' 

{{center|'''THE SCHEDULE See rule 3(1)''')'''}}

Toll chargeable in respect of Motor Vehicles entering bridges costing not less than Rupees 35 lakhs on highways completed/ to be completed and opened to traffic in regard to vehicles other than vehicles belonging to the Government of Kerala or the Government of India.

{| class="wikitable"
! Sl no !! Particulars of vehicle !! Toll for bridges costing not Costing more bridges less than Rs.15 lakhs and upto Rs. 50 lakhs !! Toll for bridges costing more than Rs. 50 lakhs and upto Rs. 100 lakhs !! Toll for bridges costing more than 100 lakhs
|-
| 1 || Motor Cycle, Scooter or any other two wheeled Motor Vehicles and Autorick-shaws || RS. 0.50 || RS. 0.50 || Rs . 0.50
|-
| 2 || (a) Motor Car, Taxi, Jeep, Pick up Van and other light motor vehicles without || || ||
|}

S. | Particulars of vehicle lakhs and up lakhs and up to more than No. to RS. 100 lakhs. RS. RS. 0.50 0.50 2.
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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 for a period of fourteen days which may be Comprised in One session or in two successive sessions and if before the expiry of the session or 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. 
'''12. Establishment of Bridges Fund and its utilisation.–''' (1). On the commencement of this Act, there shall be established a fund to be called the Kerala State Bridges Fund hereinafter in this section referred to as the "Bridges Fund. '''
(2) The proceeds of the toll levied and collected under this Act, 1 by the Government) together with the fines, interest and fees recovered thereunder shall first be credited to the Consolidated Fund of the State and, after deducting the expenses of collection and recovery as determined by the Government, the remaining amount shall, under appropriation duly made by law in this behalf, be entered into and transferred to the Bridges Fund. 
(3) Any amount transferred to the Bridges Fund shall be charged on the Consolidated Fund of the State. 
(4) No sum shall be paid or applied from and out of the Bridges Fund Except in the manner and for the purpose provided in sub-sections (5) and (6). 
(5) The amount standing to the credit of the Bridges Fund shall be expended in such manner and subject to such conditions as may be prescribed for the purpose of Constructing bridges. 
(6) The Bridges Fund shall be held and administered on behalf of the Government by the Chief Engineer in charge of roads and bridges in the State subject to such general or special direction as may be given by the Government from time to time. 
'''13. Power to remove difficulties.-''' If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion may require, by order do anything, not inconsistent with the provisions of this Act, which appears to them necessary for the purpose of removing the difficulty.

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(e) "prescribed" means prescribed by rules made under this Act; 
(f) "toll" means the toll levied under this Act. 

'''3. Levy of toll.-''' 
(1) The Government may levy a toll on every motor vehicle entering a bridge constructed wholly or partly at the expense of the Government and declared open for traffic after the 1st day of July 1983) : 
Provided that if the Government are of opinion that it is necessary in the public interest so to do, they may, by notification in the Gazette, specify any bridge in respect of which no toll shall be leviable under this sub-section. 
(2) The toll shall be levied at such rate and for such period as the Government may, by notification in the Gazette, declare to be necessary for the recovery of the amounts expended upon such bridge by the Government, or such portion there of as may be decided by the Government, together with interest at Such rate as they may fix. 
(3) The Government may place the collection of the toll under the management of such person as may appear to them proper; and all persons employed in the management and collection of the toll shall be liable to the same responsibilities as Would belong to them if employed in the collection of basic tax. 

'''Explanation:-''' In this sub-section and in sub-section (4) of Section 3A "basic tax' means the basic tax payable under the Kerala Land Tax Act, 1961 (13 of 1961).
(4)The Government may farm out the collection of the toll and in such a case the farmer and his agents and servants shall be deemed to be persons appointed to collect the toll under this Act.

7'''[3A. Levy of toll by company or corporation.-''' (1) A company or a corporation may levy a toll on every motor vehicle entering a bridge constructed by it at the instance of the Government utilising wholly or partly its own fund or funds raised by it by loans from financial institutions, and declared open for traffic after the commencement of the Kerala Tolls (Amendment) Act, 1986. 

(2) The toll under sub-section (1) shall be levied at such rate and for such period as the Government may by notification in the gazette, declare to be necessary for the recovery of the amounts expended upon such bridge by the company or the corporation, or such portion thereof as may be decided by the Government, together with interest and other overhead charges, at such rates as they may fix. 

(3) The toll leviable under this section shall be collected by the company or the Corporation, as the case may be, in such manner and in accordance with such rules as may be prescribed. 

(4) Any person employed in the management an collection of toll under this section shall be liable to the same responsibilities as would belong to him if employed in the collection of basic
tax. 
(5) The proceeds of the toll collected by a company or a corporation under this section shall be utilised

(a) for recouping any amount spent by such company or corporation from its own funds and interest thereon;
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Sections Pages 
'" THE KERALA TOLLS ACT, 1976 '''

1. Short title, extent and Commencement............................................................................ 313 
2. Definitions. ...................................................... 313 
3. Levy of toll. ........................................................................................................................ 314 
3A. Levy of toll by Company or Corporation. ........................................................................... 314 
3A.A. Levy of Toll by local authorities......................................................................................... 315 
3B. Levy of toll when there are more than one bridge within a radius of fifteen kilometres... 315 
4. Recovery of toll. ............................................................................................................. 315 
5. Exemption......................................................................................................................... 316 
6. Assistance by police officers. .......................................................................................... 316 
7. Power to Compound tolls.................................................................................................. 316 
8. Penalties. .......................................................................................................................... 316 
9. Exhibition of table of tolls and statement of penalties..................................................... 316 
10. Barto proceedings..................................................................... 316 
11. Power to make rules......................................................................................................... 316 
12. Establishment of Bridges Fund and its utilisation. .......................................................... 317 
13. Power to remove difficulties.............................................................................................. 317 
 
'''THE KERALA TOLLS LEVY RULES, 1983

Rules Pages '''
1. Short title and Commencement........................................................................................ 318 
2. Definition. .......................................................................................................................... 318 
3. Rules of toll and its payment............................................................................................ 318 
4. Procedure for Collection/Realisation of Amount, Handling etc........................................ 318 
5. Mode of Collection of toll................................................................................................... 319 
6. Remittance of Toll Collected............................................................................................. 319 
7. Submission of Returns................................................................................................. 32O 
8. Furnishing of Security. ...................................................................................................... 320 
9. Credit of the proceeds of the Tolls and its Utilisation....................................................... 320 
10. Appointment of other Officers for Collection of Tolls etc................................................... 320 
THE SCHEDULE .............................................................................................................. 320

FORMS A to E........................................................................................................... 320-322 .
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(iii) Any gratuity;

(iv) Any fees, commissions, honoraria or profits in lieu of or in addition to any salary or wages; and

(v) Any advance of salary. 

'''15. Finality of orders.'''-Save as otherwise expressly provided in this Act, every order made by an estate officer or appellate officer under this Act shall be final and shall not be called in question in any suit, application or execution proceeding, and no injunction shall be granted by any Court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act. 
'''16. Offences and penalties'''.-(1) If any person who has been evicted from any public building under this Act again occupies the building without authority for such occupation he shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both. 
(2) Any Magistrate convicting a person under sub-section (1) may make an order for evicting that person summarily and he shall be liable to such eviction without prejudice to any other action that may be taken against him under this Act.
(3) If a person fails without reasonable cause or excuse to deduct and pay any amount as required under section 14, he shall be punishable with fine which may extend to ten rupees for every day during which the default continues. 
(4) A person shall not be proceeded against for an offence under sub-section (3) except at the instance of the Collector of the district in which the public building is situated. 
(5) The Collector may either before or after the institution of proceedings compound the offence referred to in sub-section (3). 
'''17. Protection of action taken in good faith.-''' No suit, prosecution or other legal proceedings shall lie against the Government or a company or a corporation) or the appellate authority or the estate officer or any other officer in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rule or order made thereunder. 
'''18. Power to make rules.'''-
(1) The Government may, by notification in the Gazette, make rules for carrying out 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 form of any notice required or authorised to be given under this Act and the manner in which it may be served; 
*(b) the holding of inquiries under this Act; 
*(c) the distribution and allocation of work to estate officers and the transfer of any proceedings pending before an estate officer to another estate officer, 
*(d) the procedure to be followed in taking possession of public buildings; 
*(e) the manner in which damages for unauthorised occupation may be assessed and the principles which may be taken into account in assessing such damages; 
*(f) the manner in which appeals may be preferred and the procedure to be followed in appeals; 
*(g) any other matter which has to be or may be, prescribed. 
(3) Every rule made under this section 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 forteen 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 maybe; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

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(3) Where an appeal is preferred from an order of the estate officer, the District Collector may stay the enforcement of that order for such period and on such conditions as he deems fit.
 
(4) Every appeal under this section shall be disposed of by the District Collector as expeditiously as possible.
 
(5) The costs of any appeal under this section shall be in the discretion of the District Collector.
 
(6) The appellate authority shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit, in respect of the following matters, namely:-
 
*(a) summoning and enforcing the attendance of any person and examining him on oath;
 
*(b) requiring the discovery and production of document;
 
*(c) any other matter which may be prescribed.

'''11. Power to obtain information.- ''' If the estate officer has reason to believe that any persons are in unauthorised occupation of any public building, the estate officer or any other officer authorised by him in this behalf may require those persons, or any other person who, he has reason to believe, is in possession of information relating to the names and other particulars of the persons in occupation of the public building, to furnish such information within such time as may be specified in the requisition, and every person so required shall be bound to furnish the information in his possession accordingly.
 
'''12. Liability of heirs and legal representatives.- ''' (1) Where any person against whom any proceeding for
 
(a) the determination of arrears of rent; or
 
(b) the assessment of damages, is to be, or has been taken under this Act, dies before the proceeding is taken or during the pendency thereof, the proceeding may be taken or, as the case may be, continued against the heirs or legal representatives of that person.

(2) Any amount due to the Government (or a local authority or a company or a corporation"), as the case may be, from any person whether by Way of arrears of rent, damages or Costs shall, after the death of that person, be payable by his heirs or legal representatives, but their liability shall be limited to the extent of the assets of the deceased in their hands.
 
'''13. Recovery of rent, etc., as arrears of public revenue due on land.-''' If any person refuses or fails to pay the arrears of rent payable under sub-section (1) of section 8 or the damages payable under sub-section (2) of that section or costs awarded to the Government (or a local authority or a company or a corporation"), as the case may be, under Sub-section (5) of section 10, or any portion of such rent, damages or costs, within the time, if any, Specified therefor in the order relating thereto, the estate officer may issue a certificate for the amount due to the Collector of the District in which the public building is situate, who shall thereupon proceed to recover the same as arrears of public revenue due on land.
 
'''14. Further mode of recovery.-''' If the person refusing or failing to pay any of the amounts referred to in section 13 is in receipt of any salary, the estate officer may, notwithstanding the issue of a certificate to the Collector under the said section, require any person paying the salary to deduct from any payment of salary Subsequent to the date of Such requisition any Such amount or any portion thereof as may be specified in the requisition and such person shall comply with any such requisition and shall pay the sum so deducted to the credit of the Government or the company or the Corporation) as the case may be:

Provided that any part of the salary exempt from attachment in execution of a decree of a civil court under section 60 of the Code of Civil Procedure, 1908 (5 of 1908), shall be exempted from any requisition made under this section.
 
'''Explanation:- ''' For the purposes of this section, "Salary" includes,-
 

(i) Wages

(ii) Any annuity or pension;
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(i) any charge for electricity, water or any other services in connection with the occupation of the building,

(ii) any tax (by whatever name called) payable in respect of the building, where such charge or tax is payable by the Government or the local authority, as the case may be;

(f) "unauthorised occupation" in relation to any public building, means the occupation by any person of the building without authority for such occupation and includes the Continuance in occupation by any person of the public building after the authority (whether by way of lease or any other mode of transfer) under which he was allowed to occupy the building has expired or has been determined for any reason whatsoever.

3.''' Appointment of estate officers.'''-The Government may, by notification in the Gazette-
(a) appoint such persons, being Gazetted Officers of Government below the rank of District Collector, as they think fit, to be estate officers for the purposes of this Act: 5"Provided that

(I) In the case of a local authority, the Secretary of the local authority and in the case of any other authority, the executive authority of that authority.

(ii) in the case of a company or a corporation, an officer of that company or Corporation not below the rank of a Deputy Director of the industries Department, nominated by that company or corporation shall be appointed as estate officer;"

(b) define the local limits within which, or the categories of public buildings in respect of which, the estate officers shall exercise the powers conferred, and perform the duties imposed, on estate officers by or under this Act.

4. Issue of notice to show cause against order of eviction'- (1) If the estate Officer is of opinion that any persons are in unauthorised occupation of any public building and that they should be evicted, the estate officer shall issue in the manner hereinafter provided a notice in writing calling upon all persons concerned to show cause why an order of eviction should not be made.

(2) The notice shall-

(a) specify the grounds on which the order of eviction is proposed to be made; and 

(b) require all persons concerned, that is to say, all persons who are, or may be, in occupation of, or claim interests in, the public building, to show cause, if any, against the proposed order on or before such date as is specified in the notice, being a date not earlier than ten days from the date of issue thereof.

(3) The estate officer shall cause the notice to be served by having it affixed on the outer door or some other conspicuous part of the public building, and in such other manner as may be prescribed, whereupon the notice shall be deemed to have been duly given to all persons concerned. 

(4) Where the estate officer knows or has reason to believe that any persons are in occupation of the public building, then, without prejudice to the provisions of sub-section (3), he shall cause a copy of the notice to be served on every such person by post or by delivering or tendering it to that person or in such other manner as may be prescribed.

'''5. Eviction of unauthorised occupants.- (1) If, after considering the cause, if any, shown by any person in pursuance of a notice under section 4 and any evidence produced by such person in support of the same and after giving him a reasonable opportunity of being heard, the estate officer is satisfied that the building is in unauthorised Occupation, the estate officer may, on a date to be fixed for the purpose, make an order of eviction, for reason to be recorded therein, directing that the public building shall be vacated by all persons who may be in Occupation thereof or any part thereof, and cause a copy of the order to be published by affixing it on the outer door or some other conspicuous part of the public building. 
(2) If any person refuses or fails to comply with the order of eviction within thirty days of the
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Panchayat:Repo18/vol2-page0306

2019-01-23T09:11:54Z

Joshypb:

THE KERALA PUBLIC BUILDINGS (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1968

(Act 25 of 1968 as amended by Act 16 of 2000)
An Act to provide for the eviction of unauthorised occupants from public buildings and formatters Connected there with.

'''Preamble'''.- Whereas it is expedient to provide for the eviction of unauthorised occupants from public buildings and for matters connected therewith:

Be it enacted in the Nineteenth Year of the Republic of India as follows:-

1.''' Short title, extent and commencement- '''(1) This Act may be called the Kerala Public Buildings (Eviction of Unauthorised Occupants) Act, 1968.

(2) It extends to the whole of the State of Kerala.

(3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint

2. '''Definitions.'''- In this Act unless the context otherwise requires,-

(a) "company" means a company in which not less than fifty-one per cent of the paid up share capital is held by the Government of Kerala or jointly by the Central Government and the Government of Kerala and includes a company which is a subsidiary of any such company;
(aa) "corporation" means a corporation established or constituted by the or under any central or State Act and owned or controlled by the Government of Kerala;
(aaa) "estate officer" means an officer appointed as such by the Government under section 3:
(b) "Local authority" means a panchayat at any level constituted under the Kerala Panchayat Raj Act, 1994 or a municipality constituted under the Kerala Municipality Act, 1994 or any other authority, by whatever name called, constituted under any law for the time being in force for the development of any local area;

(c) "prescribed" means prescribed by rules made under this Act;

(d) "public building" means any building or part of a building belonging to, or taken on lease or requisitioned by, or on behalf of, the Government or a local authority or a Company or a corporation and includes-

(i) the garden, grounds and outhouses, if any appertaining to such building or part of a building

(ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof “and

(iii) “all buildings, whether residential or non residential irrespective of categories or types, constructed by individuals or co-operative societies or other institutions with the aid of any loan from the Government;

(e) "rent", in relation to any public building, means the consideration payable periodically for the authorised occupation of the building, and includes-
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Panchayat:Repo18/vol2-page0307

2019-01-23T07:59:44Z

Joshypb:

THE KERALA PUBLIC BUILDINGS (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1968

(Act 25 of 1968 as amended by Act 16 of 2000)

== തലക്കെട്ടാകാനുള്ള എഴുത്ത് ==
Sections Pages
1. Short title, extent and Commencement...................................................................... 307
2. Definitions. ................................................................................................................ 307
3. Appointment of estate officers..................................................................................... 308
4. Issue of notice to show cause against order of eviction........................................ ...........................................3O8
5. Eviction of unauthorised occupants............................................................................. 308
6. Disposal of property left in public building by unauthorised occupants...............309
7. Liability of unauthorised OCCupant to pay damages...............................................309
8. Power to recover rent and damages in respect of public buildings.......................309
9. Power of estate Officers. ................................................................................................309
10. Appeals. .............................................................................................................................309
11. Power to obtain information...........................................................................................310
12. Liability of heirs and legal representatives. ..............................................................310
13. Recovery of rent, etc., as arrears of public revenue due on land......................... 310
14. Further mode of recovery. .............................................................................................31O
15. Finality of orders. ............................................................................................................. 311
16. Offences and penalties. ................................................................................................. 311
17. Protection of action taken in good faith...................................................................... 311
18. Power to make rules............................................................................................... ..
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Panchayat:Repo18/vol2-page0306

2019-01-23T07:54:58Z

Joshypb:

THE KERALA PUBLIC BUILDINGS (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1968

(Act 25 of 1968 as amended by Act 16 of 2000)
An Act to provide for the eviction of unauthorised occupants from public buildings and formatters Connected there with.

'''Preamble'''.- Whereas it is expedient to provide for the eviction of unauthorised occupants from public buildings and for matters connected therewith:

Be it enacted in the Nineteenth Year of the Republic of India as follows:-

1. Short title, extent and commencement- (1) This Act may be called the Kerala Public Buildings (Eviction of Unauthorised Occupants) Act, 1968.

(2) It extends to the whole of the State of Kerala.

(3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint

2. Definitions.- In this Act unless the context otherwise requires,-
 
(a) "company" means a company in which not less than fifty-one per cent of the paid up share capital is held by the Government of Kerala or jointly by the Central Government and the Government of Kerala and includes a company which is a subsidiary of any such company; 
(aa) ("corporation" means a corporation established or constituted by the or under any central or State Act and owned or controlled by the Government of Kerala;) 
(aaa) "estate officer" means an officer appointed as such by the Government under section 3:)
(b) "Local authority" means a panchayat at any level constituted under the Kerala Panchayat Raj Act, 1994 or a municipality constituted under the Kerala Municipality Act, 1994 or any other authority, by whatever name called, constituted under any law for the time being in force for the development of any local area;)

(c) "prescribed" means prescribed by rules made under this Act;

(d) "public building" means any building or part of a building belonging to, or taken on lease or requisitioned by, or on behalf of, the Government or a local authority (or a Company or a corporation) and includes-

(i) the garden, grounds and outhouses, if any appertaining to such building or part of a building

(ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof “and

(iii) “all buildings, whether residential or non residential irrespective of categories or types, constructed by individuals or co-operative societies or other institutions with the aid of any loan from the Government;

(e) "rent", in relation to any public building, means the consideration payable periodically for the authorised occupation of the building, and includes-
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