ACT 9 OF 2016
2016 · State unknown · central · act_text
Sections (197)
1 · [(ba) "Annual Plan" means socio-economic plan prepared by the State or Local Self Government Institutions for implementing schemes and projects within a fixed financial year, in accordance with development priorities of the State;] (c) "building" means any structure, for whatsoever purpose and of whatsoever material constructed and every part thereof whether used for human habitation or not and includes foundations, plinth, walls, floors, roofs, chimneys, plumbing and building services, verandah, balcony, cornice or projections, part of building or anything affixed thereto or any wall enclosing or intended to enclose any land or space and signs and outdoor display structures; (d) "building operation" includes,— (i) erection or re-erection of a building or any part of it; (ii) roofing or re-roofing of any part of a building or open space; (iii) any material alteration or enlargement of any building; and (iv) any such alteration of a building as is likely to affect its security or an alteration of its drainage or sanitary arrangements; (e) "Chief Town Planner" means an officer with prescribed qualification in Town and Country Planning in the 2 [Local Self Government Department (Planning)] appointed by the Government; (f) "compulsory acquisition" means acquisition of land as earmarked for compulsory acquisition in the Plans under this Act; (g) "Detailed Town Planning Scheme" means a comprehensive plan for a particular area within the local planning area, conceived within the framework of the Master Plan, if any, for the local planning area, providing detailed proposals for spatial development of such particular area indicating the manner in which the use of land and development therein shall be carried out; 3 [(h) "development" means in a wider perspective, the social, economic and sustainable development of an area in total, and includes various aspects of development relating to land or space and shall specifically include sub division of any land, construction of the building, engineering, mining or other activities in, on, over or under the land, or making of any physical change in any building or land, or any change in the use of any building or land;] 4 [(ha) "disaster" means a disaster as defined in the Disaster Management Act, 2005 9 · Procedure for preparation, publication and sanctioning of 1 [spatial perspective plan] for the State.—(1) The 2 [ State Town and Country Planning Committee] 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 3 [spatial perspective plan] for the State within two years from the date of constitution of the 4 [State Town and Country Planning Committee]. (2) The 5 [spatial 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 6 [spatial perspective plan] for the State shall be published in the website of the technical secretariat of the 7 [State Town and Country Planning Committee] and the notice of the publication shall be notified in the Official Gazette in the prescribed manner and in at least two newspapers having wide circulation in the State, of which one must be in the regional language, specifying the place or places where a copy of the draft 8 [spatial perspective plan] for the State may be inspected, and also inviting objections and suggestions to be filed within a period of 9 [ninety] days from the date of publication of the notice in the Official Gazette. The 10 [State Town and Country Planning Committee] shall also forward a copy of the draft 11 [spatial perspective plan] for the State to the District Planning Committees and the Metropolitan Planning Committees, if any, which in turn shall forward relevant extracts thereof to the Local Self Government Institutions within their jurisdiction for information. 1 · [(3) Subject to the provisions of this Act, the Government shall, regulate the classification, recruitment/method of appointment, conditions of service, pay and allowances, discipline and conduct of officers and employees, in accordance with the rules made under the Kerala Public Services Act, 1968 (Act 19 of 1968), and such rules may provide for the constitution of Local Self Government common service, consisting of any class of officers and employees of Local Self Government Department (Planning) and Government servants in any other services either for the whole State or for each district. Explanation:—For the purpose of this sub-section, "Government servants in any other services" means Government servants in the services under Panchayat, Municipality and in the services of Rural Development and Local Self Government Engineering Division in the State.] 11. Functions of the Chief Town Planner.—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 2 [spatial planning and 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 3 [State Town and Country Planning Committee] in exercising the functions assigned to the 4 [State Town and Country Planning Committee] 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 Plans, prepared under this Act; (e) prepare or get prepared Master Plans, 5 [spatial Plans for special Area] and Detailed Town Planning Schemes, in the event of default by a Joint Planning Committee, Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, as the case may be, and if so directed by the Government: Provided that the Joint Planning Committee, Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall publish the plan so prepared and get the same approved as per the procedure provided for in this Act, and the expenses in connection with preparation of such plans shall be met by them; 20 · Declaration of Metropolitan Area.—Any notification under clause (c) of Article 243 P 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 State Town and Country Planning Committee: 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. 5 [21. Metropolitan Planning Committee and the Spatial Perspective Plan for the Metropolitan Area.—The Metropolitan Planning Committee, if any, constituted by the Government under section 54 of the Kerala Municipality Act, 1994 (20 of 1994), shall prepare or get prepared a Spatial Perspective Plan for the Metropolitan Area, which shall be the spatial component of the draft Development Plan for the Metropolitan Area envisaged under section 54 of the Kerala Municipality Act, 1994 (20 of 1994) and exercise such other functions assigned to it under this Act.] 22. Powers and functions of Metropolitan Planning Committee in respect of spatial planning.—(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 36 · Procedure for preparation, publication and sanctioning of Master Plan.—(1) A Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat may, at any time, by resolution, decide to prepare or 2 [get prepared or adopt with or without modifications a master plan for the Local Planning Area or part thereof and shall notify the intention of the same in the Official Gazette and shall be duly published in the notice board and the website of the Local Self Government Institution, and in at least one newspaper having wide circulation in the area in the prescribed manner in a time bound manner]. 3 [(2) The Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat shall, in consultation with the Local Self Government Department (Planning) of the Government and other Government Departments and agencies, within two years from the date of notification in the Official Gazette regarding the intention to prepare the Plan under sub-section (1), prepare or get prepared or adopt with or without modifications a draft Master Plan for the Local Planning Area or part thereof, after reviewing such plans, if any, prepared earlier and after ensuring compliance with national policies, and forward the Master Plan along with resolution to the Government through the Chief Town Planner, in such form as may be prescribed: Provided that the Chief Town Planner shall forward such plans to Government, as far as possible, within forty five days along with the remarks that whether such plans are in accordance with other plans under this Act and also with respect to any other matter pertaining to master plan]. (3) The Government, on receipt of the draft Master Plan as per sub-section (2) may, 4 [xxxx] accord approval, within a period of sixty days from the date of receipt of such Plan, for publication, by the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned. (4) The Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall, within sixty days from the date of receipt of approval for publication under sub-section (3), publish the draft Master Plan in the 5 [website of the Local Self Government Institution;] and a notice of publication, in the Official Gazette and in at least two newspapers having wide circulation in the Local Planning Area of which one must be in the regional language, inviting objections and suggestions to be submitted within sixty days from the date of publication of the notice in the Gazette, specifying the place or places where a copy thereof shall be available for inspection by the public: Provided that the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall publish such a notice, even if the draft Plan is prepared or got prepared by the Chief Town Planner under clause (e) of section 11. 1 · [(2) In case the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned, fails to process and get the Plan sanctioned as required by Government as laid in sub-section (1), the Government may, by order, require the District Planning Committee to take action for obtaining sanction for the published Master Plan. (3) The Government may require the District Planning Committee to constitute a subcommittee as may be deemed necessary to perform the function under sub-section (6) of section 36 of the Act. The Chairman of the sub-committee shall be one member nominated from the District Planning Committee and Convenor of the sub-committee shall be the District Officer of the Local Self Government Department (Planning). The sub-committee shall within sixty days of its constitution submit its report on the draft Plan to the District Planning Committee. (4) The District Planning Committee shall, within thirty days of receipt of the report of the sub-committee under sub-section (3) above, modify the draft Master Plan as considered necessary and submit the modified Plan as passed by the District Planning Committee together with the objections and suggestions in original, the report of the subcommittee and the recommendations thereon to Government for sanction. The Government shall accord sanction to the Master Plan with or without modification and publish a notice in the Official Gazette intimating the fact of sanction of the Master Plan and the Local Self Government Institution concerned shall proceed in accordance with sub-section (10) of section 36 of this Act. (5) In case the District Planning Committee fails to submit the draft Plan within three months from the date of order under sub-section (2), the Government in consultation with the Chief Town Planner and the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned, process and accord sanction to the Master Plan with or without modifications and publish a notice in the Official Gazette intimating the fact of sanction of the Master Plan and the Local Self Government Institution concerned shall proceed in accordance with sub-section (10) of section 36 of this Act.] 39. Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat to necessarily make Master Plans in certain cases.—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. 2 [Provided that if the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned fails to comply with the above Government direction, the 40 · Joint Planning Area.—The Government may, in consultation with the 2 [State Town and Country Planning Committee] 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. 41. Joint Planning Committee and Master Plan for the Joint Planning Area.—(1) Subject to such rules as may be prescribed 3 [xxxx] 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 4 [Local Self Government Department (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. 42. Powers and functions of Joint Planning Committee.—The functions of a 5 [Joint 49A · Declaration of Special Area.—(1) A Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat shall in consultation with the District Town Planner having jurisdiction over the area, by resolution of the council, delineate an area as a Special Area which needs immediate planning intervention specifying the purpose for which the plan is intended to be prepared. (2) Government may, in consultation with the Chief Town Planner, by order, delineate an area as a Special Area which needs immediate planning intervention specifying the purpose for which the plan is intended to be prepared. 49B. Power of the Municipal Corporation, Municipal Council etc. to prepare Spatial plan for a Special Area.—(1) Subject to the provisions of this Act and the rules made thereunder, a Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat may prepare or get prepared or adopt with or without modifications Spatial plan for a Special Area. (2) The Government may, by order, require a Municipal Corporation, Municipal Council, Town Panchayat, or Village Panchayat to prepare or get prepared or adopt with or without modifications a Spatial plan for a Special Area. (3) The Government may, if deemed necessary, by order, get prepared a Spatial plan for a Special Area in cases where immediate planning intervention is required. 49C. Matters that may be dealt within the Spatial plan for a Special Area.–(1) The Spatial plan for a Special Area shall generally indicate the manner in which spatial development of the Special Area shall be carried out and or the manner in which the use of land shall be regulated. (2) The Spatial plan for a Special Area shall include the following, namely:— (a) a development concept and a strategy for the spatial development of the Special Area. It may also incorporate, goals, objectives, strategies, and policies pertaining to various sectors of spatial development that are pertinent to the Special Area; 1 · [(f) the Member Secretary of the Development Authority, who shall be an officer of the Government not below the rank of a Town Planner with not less than ten years of experience in Town and Country Planning or Municipal Administration.] (2) The Government shall prescribe the strength of the General Council which shall not be less than fifteen or more than thirty (excluding the Chairman). (3) The members nominated under sub-section (1) shall hold office during the pleasure of the Government and their terms and conditions of service shall be such as may be prescribed: Provided that the term of office of a non-official member so nominated shall not in any case exceed three years: Provided further that a member nominated under clause (b) of sub-section (1) shall cease to be a member on his ceasing to be a member of the Local Self Government Institution in the area: Provided also that a member under clause (c) of sub-section (1) shall cease to be a member of the General Council on his ceasing to be a member of the State Legislative Assembly representing any area within the jurisdiction of the Development Authority. (4) The General Council shall be the policy making body for determining the lines on which the improvement and development of the area within the jurisdiction of the Development Authority shall proceed and shall have the power to review the actions of the Executive Committee in implementing the policies determined by the General Council. 55. The Executive Committee.—(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 2 [Local Self Government Department (Planning)] of the district concerned, the Executive Engineer (Roads and Bridges) of the Kerala State Public Works Department of the area concerned; 57 · Functions of Member Secretary.—(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. (2) If, in the opinion of the Member Secretary, any resolution passed by the Development Authority contravenes any provision of this Act or any other law or any rule, notification, regulation or bye law made or issued under this Act or any other law or any order passed by the State Government or it is prejudicial or detrimental to the interests of the Development Authority, he shall within fifteen days of passing such resolution, refer the matter to the Government and inform the Development Authority at its next meeting of the action taken by him and until the orders of the Government on such reference are received, the Member Secretary of the Development Authority shall not be bound to give effect to the resolution. 58. Staff of 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. 59. Transfer of staff, assets and liabilities of the Development Authority.—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. 60. Power of Government to make rules to prescribe functions and powers of General Council, Executive Committee etc.—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. CHAPTER X 75 · Local Self Government Institutions to implement projects through Annual Plans and Five Year Plans.—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. 76. Government Departments and other authorities to take into account Plans prepared under this Act while drawing up projects.—The Plans prepared under this Act shall be duly considered by the Government Departments, the State Planning Board, the District Planning Committee, 2 [Metropolitan Planning Committee], Local Self Government Institutions and the Development Agencies while drawing up projects for implementation. 77. Power to acquire land, under the Land Acquisition Act, in force.—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. 78. Acquisition of property for implementation of Plans.—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. 79. Transfer of Government land to the Local Self Government Institutions.—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. 80 · Acquisition of land by way of according Transferable Development Right.—A Development 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. 81. Acquisition of land and built-up space by way of accommodation Reservation.— 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. 82. Development works by promoters.—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. 83. Levy of development charges.—(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, 102 · Power of entry.—For the purpose of making or execution of any Plan, 9 [the State Town and Country Planning Committee], 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 111 · Control 1 [by the Government etc] . —(1) The 2 [ State Town and Country Planning Committee], the Chief Town Planner, the District Officers of the 3 [Local Self Government Department (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 4 [State Town and Country Planning Committee] 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, the Metropolitan Planning Committees, the Joint Planning Committees and the Local Self Government Institutions in the preparation of Plans by them, by sharing data, rendering service of officers and the like. 112. Power to make rules.—(1) The Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act. (2) Any 5 [rule] 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; (b) the functions other than those provided for in section 4 to be performed by the State Town and Country Planning Committee; 
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