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 conditions, amenity and convenience and for other matters connected therewith or incidental thereto.
WHEREAS, it is expedient 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 conditions, amenity and convenience and for other matters connected therewith or incidental thereto;
Be it enacted in the Sixty-seventh Year of the Republic of India as follows:--
(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 the land and the built-up space of such amenity, to be transferred to the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, as the case may be;
(b) "amenities" include roads, open spaces, parks, recreational grounds, play grounds, water supply, supply of cooking gas, power supply, street lighting, sewerage, drainage, public facilities and other utilities, services and conveniences;
(c) "building" means any structure, for whatsoever purpose and of whatsoever material constructed and every part thereof whethe
(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-Chairpersons and thirty-one other members as specified in sub-section (4).
(3) The Chief Minister of the State shall be the Chairperson of the Board and the Minister or Ministers in-charge of Town and Country Planning, Municipalities, Panchayats, Rural Development and Planning in the State shall be its Vice-Chairperson or Vice-Chairpersons.
(4) The other members of the Board shall be the following, namely:--
(a) the Leader of Opposition of the State Legislative Assembly;
(b) the Vice-Chairperson of
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 Committees if any, on matters relating to spatial planning and development of their respective areas;
(c) co-ordinate, monitor and evaluate the spatial planning and development activities under various Government Departments, quasi-Government agencies and Local Self Government Institutions, in the context of the Perspective Plan for the State and other Plans under this Act;
(d) prepare or get prepared the Perspective Plan for the State under this Act;
(e) prepare or get prepared plans for any area within the State falling in more than one district;
(f) evaluate and review the operation
(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 authorised by him.
(3) The Board shall have the power to co-opt any person who is not a member of the Board as a member of any Committee constituted under sub-section (1), as may be deemed necessary.
(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 person shall cease to be a member of the Board. A non-official member may be removed from office by the Government following the procedure laid down in Section 95.
(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 members present from among themselves, shall preside at a meeting of the Board.
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;
(b) urbanisation, population assignment, settlement pattern of urban centres and rural centres with their hierarchy and functional specialisation;
(c) national and state level transportation network;
(d) infrastructure development;
(e) generalised land utilisation;
(f) natural hazard prone areas;
(g) protection of environmentally and ecologically sensitive areas;
(h) conservation of national and state level heritage areas;
(i) spatial dimensions of the following sectors, na
(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 Board.
(2) The Perspective Plan for the State shall be prepared taking into account various regions in the State for achieving balanced and sustainable spatial development and shall specify phasing of the implementation of the Plan in periods of five years preferably to be co-terminus with the Five Year Plans.
(3) The draft of the Perspective Plan for the State shall be published in the website of the technical secretariat of the Board and the noti
(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 Chief Town Planner shall function as the technical secretariat of the Board.
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;
(b) advise and render technical assistance to the Commission in exercising the functions assigned to the Commission as specified in Section 4;
(c) advise and render technical advice, guidance and support to the District Planning Committees, the Metropolitan Planning Committees, the Development Authorities, the Joint Planning Committees, the Municipal Corporations, the Municipal Councils, the Town Panchayats and the Village Panchayats in exercising the functions assigned to them under this Act;
(d) advise and render technical assistance to Government in scrutinizing various Pl
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 Town and Country Planning of the Government shall render necessary technical assistance to the District Planning Committee in matters relating to Spatial Planning, and the district office of the Department of Town and Country Planning shall function as the Spatial Planning Wing of the District Planning Committee.
(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 Government Institutions in the district, integrated development of infrastructure, environmental Conservation and spatial development.
(2) The District Planning Committee shall,--
(a) prepare or get prepared for the District as a whole, in consultation with the Local Self Government Institutions in the district, the district level officer of the Department of Town and Country Planning of the Government and district level officers of other Departments a
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:--
(a) physical and natural resource potentials and their utilisation;
(b) population assignment and settlement pattern including rural as well as urban centres and their hierarchy and functional specialization;
(c) district level transportation system;
(d) generalized land utilisation pattern;
(e) housing and shelter development;
(f) conservation of environment, forests, ecologically sensitive areas and heritage zones;
(g) integrated infrastru
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:--
(a) such matters contained in Clauses (a) to (k) of Section 15 as may be considered, necessary;
(b) development issues;
(c) strategies for the integrated development;
(d) sectoral development policies, strategies and proposals of sectors like agriculture, fisheries, animal husbandry, forest, industries, transportation, infrastructure, water, health, education, energy, tourism, etc.;
(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 Perspective Plan for the district in the website and the notice of the publication shall be notified in the Official Gazette and in at least two newspapers having wide circulation in the district, of which one must be in the regional language, specifying the place or places where a copy of the draft Perspective Plan for the district may be inspected, and also inviting objections and suggestions to be filed within a period of sixty days from the date of publication of the notice in the Official Gazette. The District Planning Committee shall forward a copy of the draft Perspective Plan
(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 may, in consultation with the Board, within sixty days of the date of receipt of the Execution Plan for the district forwarded to it under sub-section (1), and after ensuring that the Execution Plan for the district is in conformity with the Perspective Plan for the district and any other plans under this Act, priorities and objectives set by the Government and the Government of India, sanction the same with or without modifications:
Provided that if the Execution Plan for the district is returned for incorporating modifications, if any, suggested by the
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 matters relating to powers and functions of metropolitan planning committee as specified in Section 22.
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.
(2) The Metropolitan Planning Committee shall,--
(a) prepare or get prepared, in consultation with the Local Self Government Institutions in the metropolitan area, the district level officer of the Department of Town and Country Planning of the Government, and other Government Departments and
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:--
(a) physical and natural resource potentials and their utilisation;
(b) population assignment and settlement pattern including rural as well as urban centres and their hierarchy and functional specialization;
(c) transportation system including mass transport;
(d) generalized land utilisation pattern;
(e) housing and shelter development;
(f) protection of environmentally and ecologically sensitive areas and conservation of heritage;
(g) in
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:--
(a) such matters contained in sub-clauses (a) to (j) of Section 23 as may be considered necessary;
(b) development issues;
(c) strategies and development policies for the integrated development;
(d) sectoral development policies, strategies and proposals of sectors like agriculture, fisheries, animal husbandry, forest, trade and commerce, industries, transportation, water, health, education, energy, tour
(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 publish draft Perspective Plan for the Metropolitan Area in the website and the notice of publication shall be notified in the Official Gazette and in at least two newspapers having wide circulation in the metropolitan area, of which one must be in the regional language, specifying the place or places where a copy of the draft Perspective Plan for the Metropolitan Area may be inspected, and also inviting objections and suggestions to be filed within a period of sixty days from the date of publication of notice in the Official Gazette. The Metropolitan Planning Committee shall for
(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.
(2) The Government may, in consultation with the Board, within sixty days of the date of receipt of the Execution Plan for the Metropolitan Area forwarded to it under sub-section (1), and after ensuring that the Execution Plan for the Metropolitan Area is in conformity with the Perspective Plan for the Metropolitan Area and any other Plans under this Act, priorities and objectives set by the Government and the Government of India, sanction the same with or without modifications:
Provided that if the Execution Plan for the Metropolit
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 Gazette, direct that all or any of the rules, regulations, bye-laws, orders and directions made or issued and powers conferred and in force in a Local Planning Area at the time, with such exceptions, adaptations and modifications as may be considered necessary by the Government, shall apply to the area modified under sub-section (1) and such rules, bye-laws, orders, directions and powers shall forthwith apply to such Local Planning Area without further publication.
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,--
(i) a master plan, taking into account the Plans, if any, prepared under this Act which have relevance to the Local Planning Area;
(ii) execution plans, taking into account the master plan and other Plans, if any, prepared under this Act which have relevance to the Local Planning Area;
(b) implement all or any of the provisions contained in the Plans under this Act by formulating and executing projects, Land Pooling Schemes, Detailed Town Planning Schemes or otherwise;
(c) formulate, promote, regulate and con
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:--
(i) the Chairperson of the Municipal Corporation or the Municipal Council or the President of the Town Panchayat or the Village Panchayat, as the case may be, who shall be the Chairperson of the special committee;
(ii) members of the Municipal Corporation, the Municipal Council, the Town Panchayat or the Village Panchayat concerned, as nominated by the respective council/ committee;
(iii) the District Officer of the Department
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:--
(a) A development concept and strategy with a long term vision, approximately for a period of twenty years, having regard to the policies and strategies for the Local Planning Area or part thereof concerned, as laid down in the Perspective Plan for the State, the plans for the district and the Metropolitan Area, if any, under this Act. It may also incorporate goals, objectives, strategies and policies pertaining to all or some of the sectors of spatial development that are pertinent to the local planning area or part thereof, as the case may be;
(b) Master Plan documents with land use pr
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;
(c) sectoral development policies, strategies and proposals of sectors like agriculture, fisheries, animal husbandry, forest, industries, transportation, infrastructure, water, drainage, sewerage, solid waste management, health, education, energy, tourism, suggested phasing of the proposal etc.;
(d) implementation mechanism which may include identification of sector-wise schemes and projects to be implemented by Central or State Government departments, Public Sector undertakings, the Local Self Government Institutions concerned, corporate bodies, co-operatives, private and joint sectors and/or otherwise;
(e) fiscal requirements a
(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 Department of Town and Country Planning of the Government and other Government Departments and agencies, within two years from the date of the decision taken by a resolution to prepare the Plan under sub-section (1), prepare or get prepared a draft Master Plan for the Local Planning Area or part thereof after reviewing such Plans, if any, prepared earlier and forward the Plan with Council resolution to the Government in such form as may be prescribed.
(3) The Government, on receipt of the draft Master Plan as per sub-section (2) may, in consultation with the Board and/or the Chief Town Planner, accord appro
(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 District Planning Committee or the Metropolitan Planning Committee, as the case may be, for sanction:
Provided that the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall prepare the Execution Plan, even if the draft Master Plan is prepared or got prepared by the Chief Town Planner under Clause (e) of Section 11.
(2) The District Planning Committee or the Metropolitan Planning Committee, may, in consultatio
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 Master Plan as provided under this Act and the notification so issued shall be deemed to be a decision taken by a resolution to prepare the plan under sub-section (1) of Section 36 and the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat shall proceed in accordance with this Act.
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:
Provided that two third of the members of the Joint Planning Committee shall be elected members of the Municipalities and the Village Panchayats in the Joint Planning Area.
(2) Government may, by notification in the Gazette, constitute a Joint Planning Committee for any Joint Planning Area declared so under Section 40.
(3) The procedure to be followed in the meetings of the committee including the quorum for such meeting shall be governed by such rules, regulations or orders, as may be prescribed.
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, Town Panchayat or Village Panchayat has to follow in respect of a Local Planning Area under Chapter V of this Act;
(ii) set up special function agencies, if required, and guide, direct and assist them on matters pertaining to their respective functions; and
(iii) perform such other functions as are supplemental, incidental or consequential to items (i) and (ii) above or as may be directed by the Government, the District Planning Committee or the Metropolitan Planning Committee, as the case may be, from time to time.
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;
(b) implement proposals contained in the Master Plan for the Joint Planning Area under this Act;
(c) promote, regulate and control the developmental activities in their respective local planning areas in accordance with the Master Plan for the Joint Planning Area;
(d) perform any other functions as directed by the Government, the District Planning Committee, or the Metropolitan Planning Committee, as the case may be, from time to time.
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 and retail trade centres;
(c) establishment of tourist centres and tourism related infrastructure;
(d) establishment of industries, industrial estates, factories, service industries etc.;
(e) development and landscaping of open spaces, recreational grounds, parks, zoological and botanical gardens and social forestry;
(f) conservation of ecologically sensitive areas;
(g) protection of environmentally sensitive areas;
(h) conservation of heritage sites and buildings, objects of historical importance or natural beauty and of buildings a
(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.
(2) Every Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat shall, in consultation with the Department of Town and Country Planning of the Government having jurisdiction over the area and other Government Departments and agencies, prepare or get prepared a draft Detailed Town Planning Scheme for the planning area within two years from the date of notification in the Official Gazette of the intention to prepare the Plan under sub-section (1), after reviewing Plans, if a
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 process and sanction the Detailed Town Planning Scheme as laid down in this Act.
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 sanction a Detailed Town Planning Scheme as provided under this Act and the notification so issued shall be deemed to be the notification of the intention to prepare the plan under sub-section (1) of Section 46.
(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 incorporating such modifications as may be considered necessary and get it sanctioned in accordance with the provisions of this Act:
Provided that a Master Plan or a Detailed Town Planning Scheme shall be revoked by a subsequent Master Plan or Detailed Town Planning Scheme, as the case may be;
(2) The authority concerned may, after such review, vary a Plan in part and get such varied Plan sanctioned in accordance with the provisions of this Act.
(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.
(2) The Development Authority shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable and shall by the said name sue and be sued.
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 nominated by the Government from among the members of the Local Self Government Institutions having jurisdiction in the area for which the Development Authority has been constituted;
(c) the members of the State Legislative Assembly representing any area within the jurisdiction of the Development Authority:
Provided that if any member of the State Legislative Assembly representing any area within the jurisdiction of the Development Authority becomes a Minister, he may nominate a person from his constituency to represent him in the General Council.
(d) The Secretary of the Municipal Corporation, if any,
(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 persons, depending upon the strength of the General Council, nominated by the Government from among the members of the General Council nominated under Clause (b) of sub-section (1) of Section 54;
(c) not more than four persons, depending upon the strength of the General Council, nominated by the Government from among the members of the General Council under Clause (c) of sub-section (1) of Section 54;
(d) The Secretary of the Municipal Corporation, if any, the Town Planner of the Town and Country Planning Department of the district concerned, the Executive Engineer (Roads and Bridges) of the Kerala State Public Works Departme
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 Development Authority area, in tune with the provisions of this Act;
(ii) promoting planned development as envisaged in the Plans for the development authority area, through tools like Transfer of Development Rights, accommodation reservation etc.;
(iii) set-up special function agencies, if required, and guide, direct and assist them on matters pertaining to their respective functions;
(iv) co-ordination of implementation of Plans under this Act in the Development Authority area;
(v) perform su
(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;
(ii) making available to the Development Authority all the information relating to the administration and accounts of the Authority as well as other matters whenever called upon by the Authority to do so;
(iii) preparation and submission of the annual reports and audited accounts of the Development Authority for its approval within three months of the close of every financial year and thereafter submit copies of the same to the Development Authority;
(iv) appointment of the staff 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 Planning Schemes shall prevail over the provisions of the Master Plans where both Plans are in force in an area.
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 same to the Government for sanction.
Note.-- For the purpose of this section, the expression 'interim development' means development during the period between the date of decision taken to prepare a Plan under this Act and the date of coming into operation of the Plan in the case of Master Plan and in the case of Detailed Town Planning Scheme the period between the date of notification of intention to prepare the Plan under this Act and the date of coming into operati
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
(b) without obtaining a certificate from the Secretary of the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned to the effect that the development charges payable under this Act have been paid:
Provided that no such permission or certificate shall be necessary for the operational constructions of the departments of Central or State Government, Quasi-Government Institutions or Local Self Government Institutions, as may be notified by the Government from time to time.
(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 application having been duly made, and on payment of the development charges as may be assessed under this Act,--
(a) the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat may, within a period of thirty days, pass an order,--
(i) granting permission unconditionally; or
(ii) granting permission subject to such conditions as it may consider fit to make it in conformity with the Plans and the laws in force;
(iii) refusing permission stating the reasons thereof;
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 permission was happened to be issued on misrepresentation of fact or law or that the development if carried on will be a threat to life or property, the Secretary of the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned may, after giving the person concerned an opportunity of being heard against such revocation or modification, either revoke the permission or modify the permission to such extent as it appears to be necessary.
(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 in such manner, as may be prescribed, a notice (hereinafter referred to as "the purchase notice") requiring the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned to purchase the interest in the land in accordance with the provisions of this Act;
(2) On receipt of any purchase notice under sub-section (1), as soon as possible, but not later than sixty days from the date of receipt of the purchase notice, the Municipal Corporation, M
(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
(c) without obtaining a certificate regarding payment of development charges under this Act; or
(d) in contravention of any permission or condition subject to which such permission has been granted; or
(e) after the permission for development has been revoked under this Act;
(f) in contravention of the permission which has been modified under this Act, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned, shall serve on the owner a notice requiring to stop the development or change of use of land with immediate effect, and also requiring within such
(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 specified therein and if thereafter the person does not comply with the order within the said period, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned may authorise any of its officers or employees, to have such work summarily removed or such use summarily discontinued without any notice, as directed in the order and any further unauthorised development, shall be removed or discontinued summarily without making any order as aforesaid.
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:
Provided that the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat may entrust the preparation of the Land Pooling Scheme to a Development Authority having jurisdiction over the area constituted under this Act:
Provided further that the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat shall permit any development in such area only with the concurrence of the Development Authority:
Provided also that the Government may entrust a Land Pooling Scheme to a Dev
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, acquisition or allotment of land in the Scheme area, with general indication of the uses as contained in the Master Plan or Detailed Town Planning Scheme, if any, in force in the area and the terms and conditions, if any, subject to which, such land is to be put to that use;
(c) the laying out or relaying out of the land either vacant or already built upon;
(d) the extent to which it is proposed to alter the boundaries of the original plots in accordance with the proposed Land Pooling Scheme as the reconstituted final plots;
(e) an estimate of the total cost of the Land Pooling Scheme, the net cost to be borne by the Municipal Corpora
(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 Land Pooling Scheme may also contain proposals,--
(a) to form a final plot by reconstitution of an original plot, by alteration of the boundaries of the original plot, if necessary;
(b) to form a reconstituted final plot from an original plot, by transfer wholly or partly from the adjoining lands;
(c) to allot a reconstituted final plot to any owner dispossessed of land, in furtherance of the objectives of the Land Pooling Scheme;
(d) to transfer the ownership of an original plot
(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 Government Departments or Quasi-Government Agencies.
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 in full or in part from the present location for use in areas earmarked for the purpose in the Master Plan or the Detailed Town Planning Scheme.
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 cost of land and the built-up space for the amenity transferred to the Development Authority, Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned, as may be prescribed.
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 change of use of land or building for which permission is required under Chapter X;
(b) on any development necessitating provision or augmentation of infrastructure or other public amenity, and
(c) on the vacant land (the development charges being termed as 'Developed Vacant Land Cess'):
Provided that no development charges shall be leviable on any land vested in or under the control or possession of the Central Government, the State Government, Development Authority or any Local Self Government Institution.
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 levied and the manner of assessment and collection shall be such as may be prescribed.
(3) The Development Authority, Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned may assign, on such terms and conditions, as may be agreed, the task of providing and maintaining utility, amenity, service or facility, within the area of its jurisdiction, to any person or agency including an association or body of individuals, whether corporate or not, and permit them to collect such user fee from such beneficiaries and subject to suc
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.
(2) The Secretary to Government, Local Self Government Department, dealing with matters relating to town and country planning, shall be the ex officio Chairperson of the Kerala Urban Art Commission and the Chief Town Planner shall be its ex officio Member-Secretary.
(3) The term of office, conditions of service and allowances payable to the non-official members shall be such as may be prescribed.
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 quasi-Government agencies concerned, as may be deemed necessary.
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 sky-line or the aesthetic quality of surroundings or any public amenity provided therein.
(2) Subject to the provisions of sub-section (1), the Kerala Urban Art Commission may scrutinise, approve or modify proposals in respect of projects referred to it by the Government, Municipal Corporation, Municipal Council, Town Panchayat, Village Panchayat or any Government Department or quasi-Government agency.
(3) Subject to the provisions of the A
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 the opinion of the Government, involves moral turpitude; or
(c) has become physically or mentally incapable of acting as Chairperson or member; or
(d) has acquired such financial or other interest as is likely to affect prejudicially his function; or
(e) has not attended three consecutive meetings of the Commission without obtaining prior permission from the Commission.
(f) has so abused his position as to render his continuance in office prejudicial to the public interest.
(2) No such member shall be removed under Clauses (d), (e) and (f) of subsection (1)
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, advances, or otherwise for the performance of functions under this Act;
(b) all development charges or other charges or fees received under this Act or rules made thereunder;
(c) contributions from the fund of the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned;
(d) any sum of money borrowed under Section 110 from the market, with the approval of Government by way of debentures, bonds and other means in the manner prescribed;
(e) any sum of money earned f
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, Municipal Council, Town Panchayat or Village Panchayat may also contribute to the fund maintained by the Board, a District Planning Committee or a Metropolitan Planning Committee, as the case may be, and a Development Authority if any, any sum as may be fixed by the Government.
(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.
(2) The accounts maintained under sub-section (1) shall be subject to audit annually, by the auditor under the Kerala Local Fund Audit Act, 1994 (14 of 1994).
(3) All the accounts and other records of the Board shall be made available to the auditor for the purpose of the audit.
(4) The Government shall cause the audit report to be laid, as soon as may be, after they are received, before the Legislative Assembly.
(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 Plans under this Act for each financial year, clearly specifying sector wise physical targets achieved along with relevant financial statements and submit the report to the District Planning Committee and Metropolitan Planning Committee, if any, which shall consolidate such reports and submit a consolidated report to the Board, in such form and on or before such date as may be prescribed.
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 property and to do all acts necessary for such purposes, subject to the same conditions and restrictions, as the Secretary of a Municipality and the officers authorised by him have in respect of the powers under the enactment relating to the Municipalities for the time being in force.
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 Authority or the Joint Planning Committee or the Local Self Government Institution has entered into a contract, in the performance or execution by such person of his duty or of anything which he is empowered or required to do under this Act; or
(b) removes any mark set up for the purpose of indicating any level or direction necessary for the execution of works authorised under this Act, shall on conviction be punishable with imprisonment for a term which may extend to two months or with fine which may extend to five thousand rupees or with both.
(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 been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence compounded.
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 propriety of any order made or action taken under this Act.
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 subject to such conditions, if any, as may be specified therein.
(2) A Development Authority, Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat may by a resolution direct that any power exercisable by it under this Act, or rules made thereunder, except the power to prepare a master plan, Detailed Town Planning Scheme or land pooling scheme or to make regulations, may also be exercised by any of its officers or officers of the Government, in such
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 administration of this Act.
(2) In case of any dispute in connection with the exercise of its powers and discharge of its functions by the Board or any District Planning Committee, Metropolitan Planning Committee, Development Authority, Joint Planning Committee or Local Self Government Institution under this Act, the decision of the Government on such disputes shall be final.
(3) The Government shall extend assistance to the District Planning Committees, th
(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 which the breach continues after first conviction.
(3) 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 manner in which the use of the land and development therein shall be carried out in a plan, supported by maps and reports and the notifications to be issued and the procedure to be followed in the preparation and sanction as well as subsequent review, revision and revocation of a Plan under this Act;
(
(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,--
(i) any draft General Town Planning Scheme for an area including Master Plan or Development Plan or a draft Detailed Town Planning Scheme published under the repealed Acts shall be deemed to be a draft Master Plan or a draft Detailed Town Planning Scheme, as the case may be, published under this Act;
(ii) any General Town Planning Scheme for an area including Master Plan or Development Plan or a Detailed Town Planning Scheme sanctioned under the repealed Acts shall be deemed to be a Master Plan or a Detailed Town Planning Scheme, as th
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