Chapter IV PREPARATION AND EXECUTION OF DEVELOPMENT PLANS

Preparation of Development plans by Municipalities.—

1. (1) [Ward Committee or Ward Sabha as the case may be] shall prepare every year in such form, as may be prescribed, a development plan for the ward alongwith an estimate of the expenditure therefor, for the next year and after finalising it in a meeting held three months before a financial year, submit the same to the Municipality concerned.
2. (2) Every Municipality shall prepare every year a development plan for the succeeding year considering the development plans submitted by the Ward Committees or Ward Sabhas of the Municipality in the prescribed manner for that Municipal area and submit the same to the District Planning Committee before such date as prescribed. Explanation.— For the purpose of this section "development plan" means a development plan for economic development, social justice [Improvement of living conditions, creation of employment opportunities and increase of production capacity] in relation to matters enumerated in the Twelfth Schedule to the Constitution including the matters to which the administrative power vests in the Municipality under the provisions of this Act or any other law.
3. (3) Every Municipality shall prepare a master plan for its development in the prescribed manner with focus on scientific spatial planning taking into account its resources and as per the fiscal investment and submit the same to the District Planning Committee.
4. (4) Municipality shall have the power to prepare and implement detailed town planning schemes as per the laws relating to Town Planning for the time being in force subject to the master plan approved by the Government.

Entrustment of Schemes to Municipalities for implementation.—(1) Notwithstanding anything contained in any law for the time being in force, the Government may, subject to the condition, as they may think fit to impose, entrust by an order published in the Gazette to a Municipality, implementation of such schemes of economic development and social justice including the schemes in relation to the matters enumerated in the Twelfth Schedule to the Constitution, as they deem fit.

1. (2) Where the Government entrust a scheme under sub-section(l) to a Municipality, they shall allot to that Municipality such fund and staff as may be necessary to enable the Municipality to implement the scheme.
2. (3) Where disciplinary action has to be inititated against any officer as referred to in sub-section (2), the Chairperson concerned shall have the right to conduct enquiry against such officer or employee and report the same to Government.
3. (4) Notwithstanding anything contained in sub-section (3) a Municipal Council shall, subject to the rules as may be made in this behalf, have power to impose minor penalties on any such officer or employee. Explanation.—In this section 'Minor penalty' has the same meaning as is given to 'minor penalty' in the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960.

REGULATION OF MUNICIPAL ELECTRICAL UNDERTAKINGS.— The administration of Municipality on any of the undertakings for generating, transmitting, supplying and consuming the electrical energy shall not be contrary to the Indian Electricity Act, 1910 (Central Act 9 of 1910) or Electricity (Supply) Act, 1948 (Central Act 54 of 1948) or the rules made under these Acts or the conditions in the licence issued to the Municipality, and shall be subject to the conditions as may be prescribe].

DISTRICT PLANNING COMMITTEE,—

1. (1) The Government shall constitute in every district, a District Planning Committee at the district level to consolidate the plans prepared by the Panchayats and the Municipalities in a district and to prepare a draft development plan for the district as a whole.
2. (2) The Committee shall consist of fifteen members of whom-
   • (a) twelve members shall be elected, in such manner as may be prescribed, by and from amongst the elected members of the Panchayats at the district level and of the Municipalities in the district in proportion to the ratio between the population of the rural areas and of the urban areas in the district:
   • (b) the President of the District Panchayat in that district;
   • (c) one shall be a person having considerable experience in administration and planning, nominated by the Government;
   • (d) the District Collector concerned, ex-officio.
3. (3) In sub-section(2),--
   • (i) the members mentioned in clause (a) shall be elected under the guidelines, supervision and control of the State Election Commission;
   • (ii) the President of the District Panchayat mentioned in clause (b) shall be the Chairman of the Committee;
   • (iii) [xxx] and
   • (iv) the District Collector referred to in clause (d) shall be the Secretary of the Committee.
4. (4) The district level officers of the departments of the Government in the District shall be the Joint Secretaries of the Committee.
5. (5) The Members of theHouse ofthePeople(Lok Sabha) and themembersofthe Legislative Assembly of the State, representing anyarea comprised in adistrict shallbe permanent invitees of the District Planning Committee of that district: Provided that where the area which a Member of the House of the People (Lok Sabha) or a member of the Legislative Assembly of the State represents, comprises partly in one district and partly in another district, he shall be a permanent invitee to the District Planning Committee of both the districts in which the area he represents is comprised.
6. (6) A member of the Council of States (Rajya Sabha) representingtheState shall be a permanent invitee to the District Planning Committee of the district in which he is registered as elector in the electoral roll of any Municipality or Panchayat.
7. (7) A member nominated to theLegislative Assembly of the Stateshall be a permanent invitee to the District Planning Committee of the district in which he ordinarily resides.
8. (8) Where a Member ofParliament ora Member of the LegislativeAssemblyofthe Stateisappointed as Ministeror electedasSpeakeror Deputy Speaker orappointedasthe Government Chief Whip or recognised as Leader of the Opposition, he may nominate a person from the area he representsas Member to represent him intheDistrict Planning Committee or the District Planning Committees of the district or districts to which he was a permanent invitee.
9. (9) The Committeeshall consolidate the plans prepared by ihe Panchayats and theMunicipalities in the district andprepare a draft development planforthe district as a whole and perform such other functions relating to district planning, as may be assigned to it by the Government, from time to time, by notification in the Gazette.
10. (10) The Committee shall, in preparing the draft development plan,-
    • (a) have regard to-
      • (i) matters of common interest between the Panchayats and the Municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated development of the infrastructure and environmental conservation; and
      • (ii) the extend and the type of available resources, whether financial or otherwise;
    • (b) consult such institutions and organisations as the Governor may, by order specify.
11. (11) The Chairman shall forward the development plan, as recommended by the Committee, to the Government for approval. (11A) The Government shall, while preparing the State Plan consider the proposal and priorities included in the draft development plans prepared for each districts by the District Planning Committee, (11B) The District Planning Committee shall monitor the quantitative and qualitative progress, especially its physical and financial achievements, in the implementation of the approved district planning schemes and State plans relating to the district and it shall evaluate the action programmes already completed.
12. (12) The procedure to be followed in the meeting of the Committee, including the quorum for such meeting, shall be governed by such rules as may be prescribed.

METROPOLITAN PLANNING COMMITTEE.—

1. (1) The Government shall, by notification in the Gazette, constitute a Metropolitan Planning Committee in a Metropolitan area to prepare a draft development plan for such area as a whole.
2. (2) The Metropolitan Planning Committee shall consist of fifteen members of whom.-
   • (a) ten shall be elected, in such manner as may be prescribed, by and from amongst, the elected members of the Municipalities and the Presidents of the Village Panchayats in the Metropolitan area in proportion to the ratio between the population of the Municipalities and Village Panchayats in that area;
   • (b) five shall be nominated by the Government of whom-
     • (i) one shall be an officer of the rank of a Secretary to Government or an eminent person having experience in local administration or public administration;
     • (ii) one shall be an officer not below the rank of Senior Town Planner of the Town Planning Department;
     • (iii) one shall be an officer not below the rank of Superintending Engineer of the Public Works Department;
     • (iv) one shall be an officer of any Government Department not below the rank of a Deputy Secretary to Government; and
     • (v) one shall be the Collector of the district in which the metropolitan area is comprised or where more than one district is comprised in the metropolitan area one of the Collector of such districts as the Government may determine.
3. (3) The members mentioned under clause (a) to sub-section (2) shall he elected under the guidelines, supervision and control of the State Election Commission and one among them shall be elected as the Chairman.
4. (4) The officer nominated under item (iv) of clause (b) of sub-section (2) shall be appointed as the Member Secretary of the Committee.
5. (5) Where the Government are of opinion that representation of the Central or Slate Government and of any organisation or institution is necessary for carrying out the functions assigned to the Metropolitan Planning Committee, they may provide for the inclusion of the representatives of the Government, either of the Central or the State, and of such organisation or institution in the Committee for the limited purpose of carrying out the functions so assigned to it.
6. (6) The Metropolitan Planning Committee shall prepare draft development plan for the Metropolitan area as a whole and perform such other functions relating to planning and co ordination for the Metropolitan area as may be assigned to it by the Government, from time to time.
7. (7) The Metropolitan Planning Committee shall, in preparing the draft development plan-
   • (a) have regard to -
     • (i) the plans prepared by the Municipalities and the Panchayats in the Metropolitan area;
     • (ii) matters of common interest between the Municipalities and Panchayats including the co-ordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;
     • (iii) the overall objectives and priorities set out by the Central or the State Government;
     • (iv) the extent and the nature of investments likely to be made in the Metropolitan area by agencies of the Central and the State Governments and other available resources, whether financial or otherwise;
   • (b) consult such institutions and organisations as the Governor may, by order, specify.
8. (8) The Secretary shall forward the development plan, as recommended by the Metropolitan Planning Committee, to the Government for approval.
9. (9) The procedure to be followed in the meeting including the quorum for such meeting shall be governed by such rules as may be prescribed.

STATE DEVELOPMENT COUNCIL.—

1. (1) The Government shall, by notification in the Gazette, constitute a State Development Council and it shall consist of the following members,—
   • (a) the Chief Minister who shall be its Chairman;
   • (b) members of the Council of Ministers of the State, the Leader of Opposition of the State Legislative Assembly, who shall be its Vice-Chairman;
   • (c) the Chairmen of the District Planning Committees;
   • (d) the Mayors of the Municipal Corporations;
   • (e) two Chairpersons of the Municipal Council, two Chairpersons of the Town Panchayat two Presidents of the Block Panchayat and two presidents of the Grama Panchayat, nominated by the Government;
   • (f) the Vice-chairman of the State Planning Board; and
   • (g) the Chief Secretary who shall be its Member-Secretary.
2. (2) The State Development Council shall,—
   • (a) formulate policy for local level development and regional level development;
   • (b) co-ordinate the District Plans and the State Plans;
   • (c) formulate policy necessary for strengthening Local Self Government Institutions;
   • (d) deal with common issues concerning development, among the districts.
3. (3) The State Development Council shall meet at least once in six months.