Bare Act

The Kerala Town and Country Planning Act, 2016

Infrastructure2016114 sections

This Act governs the planning, development, and regulation of buildings and land use in the state of Kerala. It applies to local self-government institutions like municipalities, corporations, and village panchayats, establishing rules for construction, infrastructure, and public amenities. By creating detailed town planning schemes, the law aims to control urban growth and ensure sustainable development while balancing the needs of landowners with the requirements of the public, particularly regarding utilities like water, sewage, and roads. This framework ensures that the state's infrastructure evolves in an organized and equitable manner.

  1. 1. Short title and commencement
  2. 2. Definitions
  3. 3. Constitution of the State Town and Country Planning Board.
  4. 4. Powers and functions of the Board.
  5. 5. Committees to be constituted by the Board.
  6. 6. Term of office and conditions of service of the non-official members of the Board.
  7. 7. Meetings of the Board.
  8. 8. Matters that may be dealt with in the Perspective Plan for the State.
  9. 9. Procedure for preparation, publication and sanctioning of Perspective Plan for the State.
  10. 10. Officers and Staff of the Department of Town and Country Planning
  11. 11. Functions of the Chief Town Planner
  12. 12. District Planning Area
  13. 13. District Planning Committee and Plans for the District
  14. 14. Powers and functions of District Planning Committee
  15. 15. Perspective Plan for the district and matters that may be dealt with in the Perspective Plan
  16. 16. Execution Plan for the district and matters that may be dealt within the Execution Plan
  17. 17. Procedure for preparation, publication and sanctioning of Perspective Plan for the district.
  18. 18. Procedure for preparation and sanctioning of Execution Plan for the district.
  19. 19. District Planning Committee to issue guidelines for preparation of five year and annual plans of Local Self Government Institutions.
  20. 20. Declaration of Metropolitan Area.
  21. 21. Metropolitan Planning Committee and Plans for Metropolitan Area.
  22. 22. Powers and functions of Metropolitan Planning Committee in respect of spatial planning.
  23. 23. Metropolitan Planning Committees, Perspective Plan for the Metropolitan Area and matters that may be dealt with in the Perspective Plan.
  24. 24. Execution Plan for the Metropolitan Area and matters that may be dealt with in the Execution Plan.
  25. 25. Procedure for preparation, publication and sanctioning of Perspective Plan for the Metropolitan Area.
  26. 26. Procedure for preparation and sanctioning of Execution Plan for the Metropolitan Area.
  27. 27. Metropolitan Planning Committee to issue guidelines for preparation of five year and annual plans of Local Self Government Institutions
  28. 28. Local Planning Area
  29. 29. Variations in the Local Planning Area.
  30. 30. Powers and functions of the Municipal Corporations, Municipal Councils etc. in relation to spatial planning.
  31. 31. Delegation of powers to the Standing Committees.
  32. 32. Appointment of Special Committees and Working Groups.
  33. 33. The Department of Town and Country Planning and the Plans under this Act.
  34. 34. Matters that may be dealt with in the Master Plan.
  35. 35. Matters that may be dealt with in the Execution Plan.
  36. 36. Procedure for preparation and sanctioning of Master Plan
  37. 37. Procedure for preparation and sanctioning of Execution Plan
  38. 38. Master Plans that are published but not sanctioned within the time limit prescribed
  39. 39. Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat to necessarily make Master Plans in certain cases
  40. 40. Joint Planning Area
  41. 41. Joint Planning Committee and Master Plan for the Joint Planning Area.
  42. 42. Powers and functions of Joint Planning Committee.
  43. 43. Functions of the constituent units of the Joint Planning Committee.
  44. 44. Power of the Municipal Corporations, Municipal Councils, etc. to take up Detailed Town Planning Schemes.
  45. 45. Matters that may be dealt within a Detailed Town Planning Scheme.
  46. 46. Procedure for preparation, publication and sanctioning of Detailed Town Planning Scheme.
  47. 47. Power to engage consultants and to set-up special function agencies.
  48. 48. Detailed Town Planning Schemes that are published but not sanctioned within the time limit prescribed.
  49. 49. Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat to necessarily make Detailed Town Planning Scheme in certain cases.
  50. 50. Review, revision, variation and revocation of Plans prepared under the Act.
  51. 51. Constitution of Development Authority.
  52. 52. Chairman of Development Authority.
  53. 53. Composition of Development Authority.
  54. 54. The General Council.
  55. 55. The Executive Committee.
  56. 56. Powers and functions of Development Authority.
  57. 57. Functions of Member Secretary
  58. 58. Staff of Development Authority
  59. 59. Transfer of staff, assets and liabilities of the Development Authority
  60. 60. Power of Government to make rules to prescribe functions and powers of General Council, Executive Committee etc.
  61. 61. Use and development of land to be in conformity with Master Plans and Detailed Town Planning Schemes under this Act
  62. 62. The date of coming into operation of the Plan
  63. 63. Interim Development Orders and the restrictions after notifying the intention to prepare Plans
  64. 64. Land Development Permit
  65. 65. Application for Land Development Permit
  66. 66. Power of revocation or modification of Development Permit
  67. 69. Removal or discontinuance of unauthorised development of temporary nature.
  68. 70. Applicability of the provisions to a Joint Planning Committee.
  69. 71. Power of the Municipal Corporations, Municipal Councils etc. to prepare Land Pooling Schemes.
  70. 72. Contents of Land Pooling Scheme.
  71. 73. Reconstitution of original plots into final plots.
  72. 74. Preparation, publication and sanction of Land Pooling Scheme.
  73. 75. Local Self Government Institutions to implement projects through Annual Plans and Five Year Plans.
  74. 76. Government Departments and other authorities to take into account Plans prepared under this Act while drawing up projects.
  75. 77. Power to acquire land, under the Land Acquisition Act, in force.
  76. 78. Acquisition of property for implementation of Plans.
  77. 79. Transfer of Government land to the Local Self Government Institutions.
  78. 80. Acquisition of land by way of according Transferable Development Right.
  79. 81. Acquisition of land and built-up space by way of accommodation Reservation
  80. 82. Development works by promoters
  81. 83. Levy of development charges
  82. 84. Appeals on the levy of development charges
  83. 85. Levy of user fee
  84. 86. Constitution of the Kerala Urban Art Commission
  85. 87. Members of the Kerala Urban Art Commission
  86. 88. Special invitees to be co-opted
  87. 89. Appointment of sub-committees by the Kerala Urban Art Commission
  88. 90. Technical Secretariat of the Kerala Urban Art Commission
  89. 91. Functions of the Kerala Urban Art Commission
  90. 92. Services of the Government Departments etc., to the Kerala Urban Art Commission
  91. 93. Meetings of the Kerala Urban Art Commission
  92. 94. Fund for the Kerala Urban Art Commission
  93. 95. Removal of non-official members of the State Town and Country Planning Board, the Development Authority and the Kerala Urban Art Commission
  94. 96. Power of Government to make regulations
  95. 97. Planning and Development Fund
  96. 98. Fund of the Board, the District Planning Committee and the Metropolitan Planning Committee.
  97. 99. Contributions by the Municipal Corporations, Municipal Councils, etc. to the Planning and Development Fund and other funds.
  98. 100. Accounts and Audit.
  99. 101. Annual Reports.
  100. 102. Power of entry.
  101. 103. Penalty for obstructing implementation.
  102. 104. Compounding of offences.
  103. 105. Trial of Offences.
  104. 106. Fine realised to be paid to the fund of the authority concerned.
  105. 107. Jurisdiction of Civil Courts barred.
  106. 108. Validation of acts and proceedings.
  107. 109. Power to delegate.
  108. 110. Power of the Local Self Government Institutions and Development Authority to borrow money.
  109. 111. Control by the Government and the Board.
  110. 112. Power to make rules
  111. 113. Repeal and saving
  112. Unnumbered text preceding S.30. Contextual extension of previous section
  113. 67(1). Obligation to acquire land in certain cases
  114. 68(1). Power to require stoppage or removal of unauthorised development, imposition of penalty etc.

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