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Kochi:
The latest tourism ordinance promulgated by the state
government might act as a deterrent to the powers and
rights of the local bodies. It has the potential to
render the panchayats (village level self-government
bodies) and municipalities redundant.
The
Kerala Tourism (Conservation and Preservation of Areas)
Ordinance envisages the setting up of 'special tourism
zones' in any area within the state. The title of the
ordinance might give the impression that such zones
will be created around tourist centres that have already
been identified. But the ordinance has given blanket
authority for setting up such zones in any area of the
state in the name of tourism development.
A
'tourism conservation and preservation committee' will
be formed for the purpose. The committee comprises the
tourism secretary, local self-government secretary,
tourism director, archaeology director and chief town
planner.
The
ordinance effectively strips the local bodies of their
powers by stating that no development activity can be
carried out in these special tourism zones except in
accordance with the guidelines issued by the committee.
Further, the local bodies will have no say in the allocation
of land and the drafting of the land-use plan. The committee
will hand down the projects and the development plans,
as well.
The
committee has been given sweeping powers. Clause 9 under
sub-section 6 states that it can ''authorise any officer
to enter upon any land or premises at all reasonable
times to do such things thereon, as may be necessary
for the purpose of lawfully carrying out any work or
activities.''
In
one part the ordinance states that the committee will
render appropriate advice to the local authorities in
regard to formulation of projects and determination
of priorities in these zones. It then strikes a massive
blow at the very raison d'etre of the local bodies when
it states in another clause that the local authority
is bound by such advice.
The
committee will be immune to litigation too. Sub-section
8 states: ''No suit, prosecution or other legal proceedings
shall lie against the committee or the appellate authority
or any other officer in respect of anything done under
the ordinance.''
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