THE KERALA RE-ENACTING ACT, 1968[1] THE KERALA RE-ENACTING ACT, 1968 [1] Act 8 of 1968 An Act to re-enact certain Acts enacted by the President for the State of Kerala . Preamble .- WHEREAS it is expedient to re-enact certain Acts enacted by the President for the State of Kerala in exercise of the power of the Legislature of that State to make laws; BE it enacted in the Nineteenth Year of the Republic of India as follows:- 1) Short title.-This Act may be called the Kerala Re-enacting Act, 1968. 2) Re-enactment of certain Acts.-The Acts mentioned in the First Schedule are hereby re-enacted with the modification specified therein. 3) Repeals.-The Acts mentioned in the Second Schedule are hereby repealed. THE FIRST SCHEDULE (See section 2) THE KERALA ABKARI LAWS (AMENDMENT AND VALIDATION) ACT, 1964 (1 of 1964) Omit "Enacted by the President in the Fifteenth Year of the Republic of India". For the paragraph beginning with "In exercise of the powers" and ending with "the President is pleased to enact as follows:-", substitute" "Preamble.-WHEREAS it is expedient further to amend the Cochin Abkari Act, I of 1077, and the Abkari Act (Travancore Act IV of 1073),.....
List Judgments citing this section.....(2) The return referred to in sub-section (1) shall also contain a list of the parks or play-fields in respect of which action was taken under sub-section (2) of section 9 together with particulars as regards the nature of the action taken in respect of them and the steps taken in regard to their proper maintenance. 11. Removal of unauthorised persons ." If any person enters and remains in any park, play-field or open space belonging to or vested n the Government or a local authority in contravention of any rules prescribed in this behalf by the local authority, he may, without prejudice to any other proceedings that may be taken against him, be removed from such park, play-field or open space by any police officer or any other person acting on behalf of the local authority or the executive authority. 12. Penalties ." Whoever throws any rubbish into any park, play-field or open space specified in the list published under section 4 or gets over the railings or fence of any such park, play-field or open space or steals or damages the fruits, plants, grass or any other thing whatsoever therein or commits any nuisance therein shall be punishable with imprisonment for a term which.....
List Judgments citing this section.....as the case may be. (4) A notification published under sub-section (3) shall, unless and until it is withdrawn, be conclusive evidence of the fact that the ancient monument or the archaeological site and remains to which it relates is a protected monument or a protected area, as the case may be, for the purposes of this Act. Protected Monuments 5. Acquisition of rights in a protected monument. "(1) The Director may, with the sanction of the Government, purchase, or take a lease of, or accept a gift or bequest of, any protected monu ment. (2) Where a protected monument is without an owner, the Director may, by notification, assume the guardianship of the monu ment. (3) The owner of any protected monument may, by written instrument, constitute the Director, the guardian of the monument and the Director may, with the sanction of the Government, accept such guardianship. (4) When the Director has accepted the guardianship of a monu ment under sub-section (3), the owner shall, except as expressly provided in this Act, have the same estate, right, title and interest in and to the monument as if the Director had not been constituted a guardian thereof, and the.....
List Judgments citing this section.....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 unauthorized 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,.....
List Judgments citing this section.....to public services and posts in connection with the affairs of the State of Kerala and in force immediately before the 17 th September, 1968, shall be deemed to have been made under this Act and shall continue to be in force unless ad until they are superseded by rules made under this Act."] [5]["4. Act and rules thereunder to apply to certain persons notwithstanding anything in the Industrial Disputes Act or any other law."Notwithstanding anything contained in Chapter VA or in any other provision of the Industrial Disputes Act, 1947 (Central Act 14 of 1947) or in any other law for the time being in force, or in any judgment, decree or order of any court, the appointment of any person to any public service or post in connection with the affairs of the State of Kerala and the conditions of service (including termination of service) of any person appointed to any such service or post shall be governed by the provisions of this Act and the rules made or deemed to have been made thereunder."] Kerala State Acts
List Judgments citing this section.....that he may be able to discharge conveniently and efficiently the duties of his office.". 6. Amendment of section 7 ."In section 7 of the principal Act, in sub-section (1),-- (a). for the words "while touring on public business", the words "in respect of his journey to Trivandrum from his usual place of residence for assuming office as Minister and in respect of his journey from Trivandrum to his usual place of residence outside Trivandrum on relinquishing office, and in respect of tours undertaken by him on public business" shall be substituted; (b). in the second proviso, for the words "five miles", the words "eight kilometers" shall be substituted. 7. Insertion of new section 7B."After section 7A of the principal Act, the following section shall be and shall be deemed to have been inserted with effect from the 3 rd day of January, 1963, namely:- "7B. Medical facilities to members of the Legislative Assembly.-(1) Subject to any rules made in this behalf, the Deputy Speaker and the other members of the Legislative Assembly except the Speaker and the Ministers shall be entitled free of charge" (a). to medical treatment; and (b). to medical attendance while they are at.....
List Judgments citing this section.....demand is withdrawn or attachment of the property is lifted or the property is sold and the sale is confirmed, send a memorandum indicating that fact and describing the property, as far as may be practicable in the manner required by section 21, to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property to which the written demand relates is situate and such registering officer shall file the copy of the written demand and the memoranda in his Book No.1." 18. Insertion of new section 89A .-After section 89 of the principal Act, the following section shall be inserted, namely:- "89A. Power to make rules for filing of true copies of documents.-(1) The State Government may make rules for all purposes connected with the filing of true copies of documents in the appropriate books under this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for- (a) the manner in which true copies of documents shall be prepared; and (b) the manner of filing of such copies. (3) All rules made under this section shall be published in the Official Gazette.....
List Judgments citing this section.....in the Gazette, levy and collect basic tax at the rate of four rupees and ninety-four paise per hectare per annum on such land, notwithstanding the fact that such crops, plants or trees had not begun to yield or bear and that for the time being no income was made from that land or that the income made was less than twenty-four rupees and seventy paise per hectare per annum."; (c) in sub-section (3), for the words "publication of this Act", the words "publication of such notification" shall be substituted. 4. Amendment of section 7.- In section 7 of the principal Act,- (a) in sub-section (4), for the word, brackets and figure "sub-section (3)", the words, brackets and figures "sub-section (2) or sub-section (3)" shall be substituted; (b) in sub-section (6), for the words "before the expiry of a period of five years from the date of publication of this Act in the Gazette", the words, figures and letters "before the 31 st day of December, 1968" shall be substituted. 5. Amendment of section 8.- In section 8 of the principal Act, in sub-section (2), for the letters, figures, brackets and words "Rs.1-9-0 (one rupee and fifty-six naye paise) per acre", the words "three rupees and.....
List Judgments citing this section.....caused or likely to be caused or any injury suffered or likely to be suffered by anything in good faith done or intended to be done under this Act or the rules thereunder. (3) No prosecution or other legal proceeding shall lie against any officer or other person for anything in good faith done or intended to be done under this Act or the rules thereunder. 15. Power to make rules.-(1) The government may, by notification in the Gazette, make rule for the purpose of carrying into effect the provisions of this Act. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or two successive session, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly agrees in making any modification in the rule or the Legislative Assembly agrees 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.....
List Judgments citing this section.....to the State of Kerala, for the purpose hereinafter appearing ; BE it enacted in the Nineteenth Year of the Republic of India as follows:- 1. Short title and extent.- (1) This Act may be called the Motor Vehicles ( Kerala Amendment) Act, 1968. (2) It extends to the whole of the State of Kerala. 2. Amendment of section 47.- In section 47 of the Motor Vehicles Act, 1939 (Central Act 4 of 1939), in sub-section (1), for the proviso, the following proviso shall be substituted, namely:- "Provided that other conditions being equal,- (a) an application for a stage carriage permit from the Kerala State Road Transport Corporation shall, as far as may be, be given preference over other applications; and (b) subject to clause(a), an application for a stage carriage permit from a co-operative society registered or deemed to have been registered under any enactment in force for the time being shall, as far as may be, be given preference over applications from individual owners." Kerala State Acts
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