KERALA TOWN AND COUNTRY PLANNING ACT, 2016
PREAMBLE
An Act to provide for the promotion of planned development and regulation of growth of urban and rural areas in the State with focus on scientific spatial planning and to secure to their present and future inhabitants, sanitary condit
(1) This Act may be called the Kerala Town and Country Planning Act, 2016.
(2) It shall be deemed to have come into force on the 23rd day of September, 2013.
In this Act, unless the context otherwise requires,--
(a) "accommodation reservation" means a permission to the owner of the land, which is required for public amenities in any plan prepared under this Act, to use the potential of a plot in the form of built-up space guided by Floor Area Ratio, in addition to the area required for the amenities, in lieu of the cost of th
(1) As soon as may be, after the commencement of this Act, the Government may, by notification in the Gazette, constitute and appoint the State Town and Country Planning Board (hereinafter referred to as the Board) for the purpose of carrying out the functions assigned to it under this Act.
(2) The Board shall consist of a Chairperson, Vice-Chairperson or Vice-Chairperson
The Board shall,--
(a) advise the Government on matters relating to policy formulation for spatial planning, development and use of rural and urban land in the State;
(b) guide and advise the District Planning Committees and the Metropolitan Planning Committe
(1) For the purpose of assisting the Board in exercising any of its powers or performing any of its functions as may be specified by it, the Board may constitute temporarily one or more Committees.
(2) Any Committee constituted under sub-section (1) shall consist of such members as may be specified by the Board and shall also include the Chief Town Planner or an officer a
(1) The term of office, conditions of service, allowances and sitting fees payable to the non-official members of the Board shall be such as may be prescribed.
(2) A non-official member of the Board appointed under this Act may resign the membership of the Board by giving a notice for a period of not less than fourteen days in writing to the Government and on such resignation being accepted by the Government, that p
(1) The Board shall meet at such times and places, not less than twice in a calendar year and shall observe such procedure as may be prescribed in regard to the transaction of its business at such meetings, including quorum of the meeting.
(2) The Chairperson or in the absence of the Chairperson, one of the Vice-Chairpersons or in their absence, any member chosen by the m
The Perspective Plan for the State shall contain long term policies and strategies for spatial development approximately for a period of twenty years and shall inter alia deal with all or any of the following matters, namely:--
(a) physical and natural resource potentials and their utilisation;
(1) The Board shall, with the advice of the Chief Town Planner and in consultation with the District Planning Committees, the Metropolitan Planning Committees, if any, the Government Departments, quasi-Government agencies concerned, and considering the Plans prepared under this Ordinance and inputs if any, from the Local Self Government Institutions prepare or get prepared and publish the draft Perspective Plan for the State within two years from the date of constitution of the Boar
(1) There shall be a Department of Town and Country Planning with the Chief Town Planner as the Head of the Department to advise and render technical assistance to the Government on matters related to town and country planning.
(2) The Government shall appoint such officers and staff in the Department of Town and Country Planning with such terms and conditions of service as may be prescribed and the office of the C
The duties and functions of the Chief Town Planner shall include the following, namely:--
(a) advise and render technical assistance to the Government pertaining to spatial development in urban and rural areas in the State and implementation of relevant State and Central Programmes pertaining to the same;
For the purposes of this Act, the area of a District in the State, shall be deemed to be the District Planning Area.
(1) The District Planning Committee constituted by the Government under Section 53 of the Kerala Municipality Act, 1994 shall prepare the development plan for the district as a whole under sub-Section (10) thereof, which shall comprise of a long term Perspective Plan and five year Execution Plans and exercise such other functions assigned to it under this Act;
(2) The district level officer of the Department of Tow
(1) The District Planning Committee, for the purposes of this Act, shall formulate development goals, objectives, policies and priorities in matters relating to planning, development and use of rural and urban land in the district and shall have due regard to the overall objectives and priorities set by the Government and the Government of India, all Plans prepared under this Act which have relevance to the district concerned, matters of common interest among the Local Self Governm
The District Planning Committee constituted by the Government under Section 53 of the Kerala Municipality Act, 1994 shall prepare the Perspective Plan for the district and it shall contain long term policies and strategies for spatial development, approximately for a plan period of twenty years and shall inter alia deal with all or some of the following matters, namely:--
The District Planning Committee shall prepare Execution Plan for the district for a period of five years taking into account the Perspective Plan prepared under subsection (1) of Section 15 and any other Plans under this Act, development goals, objectives and priorities identified for the five year plan period, sectoral requirements and their spatial implications, which shall be the implementation plan and shall inter alia deal with all or some of the following matters, namely:--
(1) As soon as may be after the commencement of this Act, the District Planning Committee shall take a decision to prepare a Perspective Plan for the district.
(2) The District Planning Committee shall, not later than two years from the date of decision taken to prepare a Perspective Plan as per sub-section (1), prepare or get prepared and shall publish, the draft Perspe
(1) Not later than six months from the date of sanction of the Perspective Plan for the district by the Government under sub-section (5) of Section 17, the District Planning Committee shall prepare Execution Plan for the district for the first five year of the twenty year period of the Perspective Plan and shall forward to the Government for sanction.
(2) The Government
District Planning Committee may, from time to time, issue guidelines for the preparation of five year and annual plans of Local Self Government Institutions such that these plans are prepared taking into account the Perspective Plan and Execution Plan of the district and any other plans under this Act.
Any notification under Clause (c) of Article 243P of the Constitution of India to specify an area to be a Metropolitan Area, shall define the limits of such area and such limits shall be as decided by the Government in consultation with the Board:
Provided that the District Planning Committee shall not have jurisdiction over the Metropolitan Area in respect of the matte
The Metropolitan Planning Committee, if any, constituted by the Government under Section 54 of the Kerala Municipality Act, 1994 (20 of 1994), shall prepare the draft development plan for the Metropolitan Area under sub-section (7) thereof, which shall comprise a Perspective Plan for the Metropolitan Area and Execution Plans for the Metropolitan Area and exercise such other functions assigned to it under this Act.
(1) The Metropolitan Planning Committee, for the purposes of this Act, shall formulate development goals, objectives, policies and priorities in matters relating to planning, development and use of rural and urban land in the Metropolitan Area and shall have due regard to the overall objectives and priorities set by the Government and the Government of India, all Plans prepared under this Act which have relevance to the Metropolitan Area concerned, matters of common interest among the Local Self Government Institutions in the Metropolitan Area, integrated development of infrastructure, environmental conservation spatial development.
The Metropolitan Planning Committee, constituted by Government under Section 54 of the Kerala Municipality Act, 1994, shall prepare the Perspective Plan for the Metropolitan Area containing long term strategies and policies for spatial development, approximately for a plan period of twenty years and shall deal, inter alia with all or some of the following matters, namely:--
The Metropolitan Planning Committee shall prepare Execution Plan for the Metropolitan Area for a plan period of five years taking into account the perspective plan prepared under Section 23, any other Plans under this Act, development goals, objectives and priorities identified for the five year plan period, sectoral requirements and their spatial implications, which shall be the implementation plan and shall inter alia deal with all or some of the following matters, namely:--
<(1) As soon as may be, after its constitution, the Metropolitan Planning Committee, shall take a decision to prepare a Perspective Plan for the Metropolitan Area.
(2) The Metropolitan Planning Committee shall, not later than two years from the date of decision taken to prepare a Perspective Plan in the Official Gazette as per subsection (1), prepare or get prepared and p
(1) Not later than six months from the date of sanction of the Perspective Plan for the Metropolitan Area by the Government under sub-section (4) of Section 25, the Metropolitan Planning Committee shall prepare Execution Plan for the first five year of the twenty year period of the Perspective Plan for the Metropolitan Area as a whole and shall forward the same to the Government for sanction.
Metropolitan Planning Committee may, from time to time, issue guidelines for the preparation of five year and annual plans of Local Self Government Institutions, such that these plans are prepared in conformity with the Perspective Plan and Execution Plan of the Metropolitan Area and any other plans under this Act.
From the date of commencement of this Act, the area under the jurisdiction of a Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat shall be deemed to be a Local Planning Area, for the purposes of this Act.
(1) In case the Government vary the area of jurisdiction of a Municipal Corporation, Municipal Council or Town Panchayat as provided under Section 4 of the Kerala Municipality Act, 1994 or of a Village Panchayat as provided under Section 4 of the Kerala Panchayat Raj Act, 1994, as the case may be, the Local Planning Area shall stand modified accordingly.
(2) The Government may, by notification in the Official Gazet
Notwithstanding anything contained in the Kerala Municipality Act, 1994 or the Kerala "Panchayat Raj Act, 1994, Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat shall have the following additional functions for the purpose of this Act, namely:--
(a) prepare or get prepared for the Local Planning Area or part thereof,--
The Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, as the case may be, if so decided by a resolution, may delegate, any of its powers and functions regarding spatial planning under this Act, except its power under sub-section (4) of Section 36, to the Standing Committee responsible for spatial planning or town planning in a Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, as the case may be.
(1) For the purpose of assisting the Municipal Corporation, the Municipal Council, the Town Panchayat or the Village Panchayat concerned in exercising such of its powers, discharging such of its duties or performing such of its functions under this Act, the Municipal Corporation, the Municipal Council, the Town Panchayat or the Village Panchayat concerned may constitute one or more special committees. Such special committees shall consist of the following persons, namely:--
The Department of Town and Country Planning of the Government shall, guide and advise the Municipal Corporation, the Municipal Council, the Town Panchayat or the Village Panchayat concerned, its Standing Committee or any other special committees constituted under subsection (1) of Section 32 or the working groups constituted under sub-section (3) of Section 32 in the performance of their functions under this Act.
(1) The Master Plan shall be prepared through a participatory process and shall generally indicate the manner in which development of the Local Planning Area or part thereof shall be carried out and also the manner in which the use of land shall be regulated.
(2) The Master Plan, may include the following, namely:--
The Execution Plan may include the following, namely:--
(a) development issues and consolidation of suggestions of grama sabha/ward sabha/ward committee, as the case may be;
(b) development strategies for integrated development;
(1) A Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat may, at any time, by resolution, decide to prepare or adopt a Master Plan for the Local Planning Area or part thereof.
(2) The Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat shall, in consultation with the
(1) A Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat shall, taking into account the Master Plan for the local planning area or part thereof shall prepare Execution Plan for the first five years along with the preparation of the Master Plan but not later than four months thereafter from the date of sanction of the Master Plan for the local planning area or part thereof by the Government under sub-section (8) of Section 36 and shall forward to the Distr
Notwithstanding anything contained in this Act, in respect of any area for which a planned development is necessary and the published Plan is not sanctioned within the time limit prescribed, the Government may, after making such enquiry if it may deem necessary, in consultation with the Chief Town Planner and the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned require the Master Plan to be processed and sanctioned as provided for in this Act.
Notwithstanding anything contained in this Act, in respect of any area for which a planned development is necessary but not initiated by the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, as the case may be, Government may, after making such enquiry as may be deemed necessary, by a notification in the Official Gazette, require the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat to prepare, publish and submit for sanction
The Government may, in consultation with the Board or the Chief Town Planner, by notification in the Official Gazette, declare an area to be a Joint Planning Area consisting of the area of more than one Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, either in full or in part, for the purpose of effective planning of the area in which they are jointly interested or for which they are jointly responsible.
(1) Subject to such rules as may be prescribed the Government may make in this behalf, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat declared to be part of a Joint Planning Area under Section 40, shall constitute a Joint Planning Committee with the district officer of the Department of Town and Country Planning having jurisdiction over the area as Member Secretary:
The functions of a Joint Planning Committee shall be the following:--
(i) prepare or get prepared a Master Plan for the Joint Planning Area, in tune with the contents of Plans, if any, under this Act. The Joint Planning Committee shall, for the purposes of Plan preparation, publication and sanction, follow the procedure which a Municipal Corporation, Municipal Council,
The Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned of the Joint Planning Committee shall,--
(a) prepare Execution Plan for their respective local planning areas taking into account the Master Plan for the Joint Planning Area;
Subject to the provisions of this Act, and the rules made thereunder, a Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat may undertake development of an area, including regulation of activities in that area, under its jurisdiction, by framing and implementing Detailed Town Planning Schemes, within the frame work of Master Plan, if any, under this Act.
(1) A Detailed Town Planning Scheme may contain detailed proposals, including but not limited to the following matters, namely:--
(a) establishment of new development centres;
(b) establishment of commercial centres, including specialised markets, wholesale
(1) A Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat may, at any time, by resolution, decide to prepare or adopt a Detailed Town Planning Scheme and shall notify the intention of the same, in the Official Gazette and in at least one newspaper having wide circulation in the prescribed manner and such notification shall state the boundaries of the planning area and the purpose for which such Plan is intended to be prepared.
A Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, with the prior approval of the Government, may set-up special function agencies for the performance of such specific functions, in accordance with and not inconsistent with the objects of this Act, in such cases where it considers appropriate that it would be in public interest and would effect economy and efficiency in the performance of the functions assigned to it.
Notwithstanding anything contained in this Act, in respect of any area for which planned development is necessary and the published Detailed Town Planning Scheme is not sanctioned within the time limit prescribed, the Government, may, after making such enquiry as they may deem necessary, require the Municipal Corporation, Municipal Council, Town Panchayat, Village Panchayat or Planning and Development Authority concerned to proces
Notwithstanding anything contained in this Act, in respect of any area for which planned development is necessary but not initiated by the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned, the Government, may, after making such enquiry as may be deemed necessary, by a notification in the Official Gazette, require the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat to prepare or get prepared, publish and submit for
(1) Immediately after the expiry of ten years from the date of sanction of a Perspective Plan, Master Plan or Detailed Town Planning Scheme under this Act or at an earlier date with the concurrence of the Government, the State Town and Country Planning Commission, the District Planning Committee, Metropolitan Planning Committee, Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, as the case may be, shall review, revise or get revised such Plan incorporat
(1) The Government may, in the interests of planned development in any area, inconsulation with the Commission and the Chief Town Planner, by notification in the Gazette, constitute with effect from such date and for such areas as may be specified in the notification, a Development Authority to exercise the powers and to perform the functions under Section 56 of this Act.
The Government shall appoint the Chairman of the Development Authority on such terms and conditions of service as may be prescribed, who shall hold office during the pleasure of the Government, provided that the term of office of the Chairman shall not in any case exceed five years.
The Development Authority shall consist of,--
(a) the General Council; and
(b) the Executive Committee.
(1) The General Council shall be constituted by the Government and shall consist of the following members, namely:--
(a) the Chairman of the Development authority, ex officio, who shall be the Chairman of the General Council;
(b) not less than two persons no
(1) The Executive Committee shall be constituted by the Government and shall consist of the following members, namely:--
(a) the Chairman of the Development Authority, ex officio, who shall be the Chairman of the Executive Committee;
(b) not more than two pe
Subject to the provisions of the Kerala Municipality Act, 1994 (20 of 1994) and the Kerala Panchayat Raj Act, 1994 (13 of 1994), the powers and functions of a Development Authority shall include the following:--
(i) preparation and implementation of land re-adjustment or land pooling or land banking schemes for the purpose of implementation of projects in the Developmen
(1) Subject to the general powers of the Development Authority and without prejudice to the powers of the Chairman under this Act, the Member Secretary who shall be the Chief Executive of the Development Authority shall have the following functions, namely:--
(i) all budgetary, planning, enforcement and supervisory functions of the Development Authority;
The Development Authority shall appoint such officers and staff in the Development Authority with such terms and conditions of service and salary, as may be prescribed.
In case, the Development Authority constituted under this Act ceases to function, the staff, the assets and liabilities of such Authority shall be transferred to the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned in the Development Authority area or as decided by the Government.
The Government may, by notification in the Official Gazette, make rules prescribing powers and functions of the General Council, Executive Committee and the Member Secretary and on any other matters relating to the functioning of the Development Authority. The term of office and conditions of the service of the non-official members of the Development Authority shall be such as may be prescribed.
After the coming into operation of a Master Plan or Detailed Town Planning Scheme under this Act, no person shall use or cause to use any land or carry out development in any land, or change the use of land otherwise than in conformity with or with prejudicial to the Master Plans and Detailed Town Planning Schemes under this Act.
Note.-- Provisions of Detailed Town Plan
The date of coming into operation of the Plan for the purpose of Section 61 shall be the date of publication of the notice in the Official Gazette intimating the fact of sanction of the Plan by the Government.
(1) Notwithstanding anything contained in this Act, with the general object of controlling interim development of land included in any planning area in respect of which a decision has been taken by a resolution to prepare a plan or notified for preparing Detailed Town Planning Scheme under this Act, the Municipal Corporation, Municipal Council, Town Panchayat, Village Panchayat or Joint Planning Committee, as the case may be, may prepare Interim Development Orders and forward the s
No development or change of use of any land shall be undertaken or carried out,--
(a) without obtaining permission in writing from the Secretary of the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned in such manner as may be prescribed; and
(1) Any person or body intending to carry out any development on any land shall make an application in writing to the Secretary of the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned for permission in such form and containing such particulars and accompanied by such documents, fee and Plans as may be prescribed.
(2) On such applica
If it appears to the Secretary of the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned, that it is expedient that any permission granted to develop land should be either revoked or modified, having regard to a Master Plan or Detailed Town Planning Scheme prepared or under preparation under this Act or on being satisfied that the permission was issued by mistake or that a patent error has crept in it or that the permiss
(1) Where any land is designated for compulsory acquisition in a Master Plan or Detailed Town Planning Scheme sanctioned under this Act and no acquisition proceedings are initiated for such land under the Land Acquisition Act in force in the State within a period of two years from the date of coming into operation of the Plan, the owner or person affected may serve on the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned, within such time and i
(1) Where any development or change of use of any land or building has been or is being carried out,--
(a) in contravention of any Master Plan or Detailed Town Planning Scheme under this Act; or
(b) without permission as required under this Act; or
(1) Notwithstanding anything herein before contained in this Chapter, where any person has carried out any development unauthorisedly as indicated in sub-section (1) of Section 68, but of a temporary nature, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned may, by an order in writing direct that person to remove any such structure erected or work done, or discontinue the use of land within fifteen days from the receipt of the order or as s
For the purposes of this Chapter, a Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat may also include a Joint Planning Committee constituted under Section 41 of the Act.
Subject to the provisions of this Act or any other law in force, a Municipal Corporation, Municipal Council, Town Panchayat, Village Panchayat may, for the purpose of implementing the proposals contained in the Plans under this Act, prepare one or more Land Pooling Schemes for any part of the area within its jurisdiction and get them sanctioned by the Government in the prescribed manner:
The Land Pooling Scheme shall, inter alia, contain the following particulars, namely:--
(a) the boundary, extent, ownership, tenure and existing use of all original plots covered by the Land Pooling Scheme;
(b) reservation, acq
(1) In a Land Pooling Scheme, for reconstituting the plots, the size and shape of every reconstituted plot shall be determined, so far as may be, to render it suitable for building purposes, and, where a plot is already built upon, to ensure that the buildings, as far as possible, comply with the provisions of the Land Pooling Scheme.
(2) For the purpose of sub-section (
(1) The Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat may, through a resolution, decide to prepare a Land Pooling Scheme in respect of any part of the area within its jurisdiction.
(2) The procedure to be followed for the preparation, publication and sanction of the Land Pooling Scheme shall be as may be prescribed.
Every Local Self Government Institution, while framing the proposals for inclusion in the Annual Plans and the Five Year Plans under decentralised planning, as provided under Section 175 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) or Section 51 of the Kerala Municipality Act, 1994 (20 of 1994), as the case may be, shall give due regard to the proposals envisaged in the Plans prepared under this Act.
The Plans prepared under this Act shall be duly considered by the Government Departments, the State Planning Board, the District Planning Committee, Local Self Government Institutions and the Development Agencies while drawing up projects for implementation.
Any land required, reserved or designated in a Plan under this Act, shall be deemed to be a land needed for a public purpose within the meaning of the Land Acquisition Act in force, and may be acquired by the Government on request by the District Planning Committee, the Metropolitan Planning Committee, the Municipal Corporation, the Municipal Council, the Town Panchayat or the Village Panchayat, as the case may be, or by any Development Authorities constituted under this Act or Gov
A Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat or Development Authority may acquire any movable or immovable property by purchase, exchange, gift, lease, mortgage, negotiated purchase or by any other method permissible under any law, for the purpose of the implementation of a Plan under this Act.
The Government may, by order and on such terms and conditions as may be agreed upon between the Government and a Local Self Government Institution, place at the disposal of that Local Self Government Institution, any developed or undeveloped Government land situated within their jurisdiction for the purpose of development in accordance with the Plan under this Act.
Authority, Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat may, with the consent of the owner, acquire land for public purposes by way of according Transferable Development Right through issue of Development Right Certificate, to be registered, in lieu of payment towards the cost of land in such manner as may be prescribed: Provided that the Transferable Development Right expressed in terms of area of total permissible built-up space calculated on the basis of Floor Area Ratio permissible for the concerned land, is utilised as additional built-up space over and above the permissible built-up space by the owner who may use it by himself or transfer it to any other person i
A Development Authority, Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat may, with the consent of the owner, and in the manner prescribed, acquire land and built-up space for public purposes, indicated in a sanctioned Master Plan or Detailed Town Planning Scheme, by way of accommodation reservation, by permitting in the form of built-up space guided by permitted Floor Area Ratio in addition to built-up space required for the amenity, in lieu of the cos
Subject to the provisions of this Act and the rules made thereunder, a Development Authority, Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, for the purpose of implementing the proposals contained in a sanctioned Plan, may permit a private or joint sector promoter, to undertake or carry out a development work within the area of its jurisdiction as per the guidelines, if any, issued by the Government.
(1) Subject to the provisions of this Act and the rules made thereunder, and with the previous sanction of the Government, a Development Authority, Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat may, by a notification published in the official Gazette, levy Development Charges,--
(a) on the carrying out of any development of land or on any
Any appeal relating to the levy, assessment or recovery of a development charge under this Act, shall lie to the Tribunal for Local Self Government Institutions constituted under Section 271-S of the Kerala Panchayat Raj Act, 1994 (13 of 1994).
(1) In order to recover fully or partly the capital expenditure and the cost of maintenance of utilities, amenities, services or facilities provided by a Development Authority, Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, it may levy and collect a charge from the users thereof, to be called the user fee.
(2) The amount of user fee to be
The Government may, by notification in the Official Gazette, constitute an Urban Art Commission for the State to be called the Kerala Urban Art Commission with a view to preserving, developing and maintaining the aesthetic quality of urban and environmental design within the State.
(1) The Commission shall consist of a Chairperson and such number of official and non-official members, as may be prescribed and as the Government may, by notification in the Official Gazette, appoint and may include persons who, in the opinion of the Government, possess special knowledge or practical experience in urban and environmental design or architecture and related subjects.
The Kerala Urban Art Commission may co-opt persons who have special knowledge in the subjects mentioned in sub-section (1) of Section 87 as permanent or special invitees to the Commission, for specific purposes.
For the purpose of assisting the Kerala Urban Art Commission in exercising such of its powers, discharging such of its duties or performing such of its functions as may be specified by it, the Kerala Urban Art Commission may constitute one or more sub-committees with any member or special invitee of the Kerala Urban Art Commission and Secretary of the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned, and/or officials of other Departments or qu
The Office of the Chief Town Planner shall function as the Technical Secretariat of the Kerala Urban Art Commission and in order to enable to perform the functions of the Kerala Urban Art Commission under this Act, the Government may provide such additional officers and staff, as it may consider necessary.
(1) It shall be the general duty of the Kerala Urban Art Commission to advise the Government in matters related to preserving, developing and maintaining the aesthetic quality of urban and environmental design within the State and to provide advice and guidance to any Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat in respect of any project of building operations or engineering operations or any development proposal which affects or is likely to affect
The Kerala Urban Art Commission may, for carrying out any of its functions, obtain the services of Government Departments, quasi-Government agencies, Local Self Government Institutions, consultants or experts.
The Kerala Urban Art Commission shall meet at such times and places and shall observe such procedure, as may be prescribed.
A separate fund shall be created for carrying out the objectives of the Kerala Urban Art Commission, which shall be kept at the disposal of the Kerala Urban Art Commission
(1) The Government may, by order, remove from office any non-official member of the State Town and Country Planning Board and the Kerala Urban Art Commission, if he--
(a) has been adjudged as an insolvent; or
(b) has been convicted of an offence, which in th
The Government shall have power to make regulations for ensuring performance of the functions of the Kerala Urban Art Commission as provided in this Act.
(1) Every Municipal Corporation, Municipal Council, Town Panchayat, Village Panchayat or Development Authority shall maintain a separate fund called Planning and Development Fund for the purposes of this Act, to which shall be credited,--
(a) any sum of money received from the Government or any other State, National or International agency by way of grants, loans, advan
The Board, the District Planning Committees, the Metropolitan Planning Committees and the Development Authorities may, if so permitted by the Government, maintain a separate fund to which shall be credited all the money received by them under this Act and shall be applied towards meeting the expenses for discharging their functions under this Act.
(1) Every Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned at the beginning of each financial year shall contribute a sum equivalent to half per cent of the total sum of money credited during the preceding year to its Planning and Development Fund constituted under sub-section (1) of Section 97.
(2) The Municipal Corporation, Munici
(1) The Board, the District Planning Committees, the Metropolitan Planning Committees, the Development Authorities, the Municipal Corporations, the Municipal Councils, the Town Panchayats and the Village Panchayats shall maintain proper accounts and other relevant records in respect of the funds maintained by them under this Act and prepare an annual statement of accounts in such form as may be prescribed.
(1) The Board shall prepare for each financial year a report of its activities, in the previous financial year and submit the report to the Government in such form and on or before such date as may be prescribed:
(2) Every Local Self Government Institution and Development Authority shall prepare every year a report on its activities relating to the implementation of the
For the purpose of making or execution of any Plan, persons appointed or authorised by the Board, the District Planning Committees, the Metropolitan Planning Committees, the Chief Town Planner, the Development Authorities, the Joint Planning Committees, the Municipal Corporations, the Municipal Councils, the Town Panchayats or the Village Panchayats or persons appointed or authorised by them or by the Government shall have the same power to enter upon, survey and set up marks on p
Whoever,--
(a) obstructs any person engaged or employed by the Board or the District Planning Committee or the Metropolitan Planning Committee or the Development Authority or the Joint Planning Committee or the Local Self Government Institution or any person with whom the Board or the District Planning Committee or the Metropolitan Planning Committee or the Development
(1) Any person authorised in this behalf by general or special order by the commission or the District Planning Committee, or the Metropolitan Planning Committee or the Municipal Corporation, the Municipal Council, the Town Panchayat or the Village Panchayat concerned, may either before or after the institution of the proceedings, compound any offence made punishable by or under this Act.
(2) When an offence has b
No Court inferior to that of a Magistrate of the First Class shall try an offence punishable under this Act.
All fines realised in connection with prosecution under this Act shall be paid to the fund of the Board, the District Planning Committee, the Metropolitan Planning Committee, the Development Authority, the Municipal Corporation, the Municipal Council the Town Panchayat or the Village Panchayat, as the case may be, in the manner prescribed.
Save as otherwise expressly provided in this Act, every order passed or direction or notice issued by the Government or the Board, the Chief Town Planner, the District Planning Committee, the Metropolitan Planning Committee, the Municipal Corporation, the Municipal Council, the Town Panchayat or the Village Panchayat, as the case may be, under this Act shall be final. No Civil Court shall have jurisdiction to entertain any suit, legal proceedings challenging the legality or propri
No act done or proceeding taken under this Act shall be questioned on the ground merely of the existence of any vacancy of a member in the Board, the District Planning Committee, the Metropolitan Planning Committee, the Development Authority, the Joint Planning Committee, the Municipal Corporation, the Municipal Council, the Town Panchayat, the Village Panchayat concerned or the Kerala Urban Art Commission.
(1) The Board or the District Planning Committee or the Metropolitan Planning Committee may, by a resolution, direct that any power exercisable by it under this Act or rules made thereunder may also be exercised by any Local Self Government Institution or by any officer of the Board, the District Planning Committee, the Metropolitan Planning Committee, the Government or the Development Authority or the Local Self Government Institution, as mentioned therein, in such cases and subj
A Local Self Government Institution or a Development Authority may, from time to time, borrow at such rate of interest and for such period and upon such terms, as the Government may approve, any sum of money required for efficient performance of the functions assigned to it under this Act and the rules made thereunder, subject to the provisions in the Kerala Local Authorities Loans Act, 1963 (30 of 1963) and the rules made thereunder.
(1) The Board, the Chief Town Planner, the District Officers of the Department of Town and Country Planning of the Government, the District Planning Committees, the Metropolitan Planning Committees, the Development Authorities, the Joint Planning Committees, the Local Self Government Institutions and the Secretaries of the Local Self Government Institutions shall carry out such directions, as may be issued to them, from time to time, by the Government for the efficient administrat
(1) The Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) Any rule or regulation made under this Act, may provide that a breach thereof shall be punishable, with fine not exceeding ten thousand rupees, and in case of continuing breach, with fine which may extend to five hundred rupees for every day during wh
(1) With effect on and from the commencement of this Act, the Town Planning Act, 1108 ME (Act IV of 1108 ME), the Travancore Town and Country Planning Act, 1120 (Act XXI of 1120 ME), the Madras Town Planning Act, 1920 (Madras Act VII of 1920) and the Kerala Town and Country Planning Ordinance, 2016 (4 of 2016) shall stand repealed.
(2) Notwithstanding such repeal,--
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