Tourism ordinance a big blow to local bodies
By Our Corporate Bureau | 17 Jan 2005
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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