The Kerala Town and Country Planning Act, 2016

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GOVERNMENT OF KERALA
Law (Legislation-C) Department
NOTIFICATION
No. 19904/Leg.C1/2013/Law. 17th March, 2016
Dated, Thiruvananthapuram, 4th Meenam, 1191
27th Phalguna, 1937.
In pursuance of clause (3) of Article 348 of the Constitution of India,
the Governor of Kerala is pleased to authorise the publication in the
Gazette of the following translation in English language of the Kerala
Town and Country Planning Act, 2016 (9 of 2016).
By order of the Governor,
D. S
AJU,
Special Secretary (Law).
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[Translation in English of “2016- se tIcf \K-c-˛-{Km-am-kq-{XW
BIv‰v ” published under the authority of the Governor.]
ACT 9 OF 2016
THE KERALA TOWN AND COUNTRY PLANNING ACT, 2016
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.
Preamble.— W
HEREAS, 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;
B
E it enacted in the Sixty-seventh Year of the Republic of India as
follows:—
CHAPTER I
PRELIMINARY
1. Short title and commencement.— (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.
2. Definitions.—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
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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 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 Department of Town
and Country 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;
33/1049/2016/S-2.
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(h) “development” means carrying out of building, engineering,
mining or other operations, in, on, over or under the land, or making of
any material change in any building or land, or in the use of any building
or land, and includes subdivision of any land;
(i) “District Planning Committee” means the Committee
constituted by the Government for a district under Section 53 of the Kerala
Municipality Act, 1994 (20 of 1994), to prepare a draft development plan
for the district as a whole and to exercise such other functions assigned to
it by the Government;
(j) “execution plan” means a plan prepared for a period of five
years for the district, metropolitan area or local planning area, as the case
may be, providing the goals, policies, strategies, priorities and programmes
for spatial development of the area for the period;
(k)  “floor area ratio” means the quotient obtained by dividing the
total floor area on all floors by the area of the plot;
(l) “Government” means the Government of Kerala;
(m) “industry” means  an industry as defined in the Industrial
Disputes Act, 1947 (Central Act 14 of 1947);
(n) “joint planning area” means an area declared to be a Joint
Planning Area under Section 40 of this Ordinance;
(o) “land pooling” means assembling of small land parcels into a
large land parcel providing it with infrastructure in a planned manner and
returning the re-constituted land to the owners, after deducting the cost of
the provision of infrastructure and public spaces by the sale of some land
or otherwise where infrastructure is provided;
(p) “local planning area” means the area under the jurisdiction of
a Municipal Corporation, a Municipal Council or a Town Panchayat
constituted under Section 4 of the Kerala Municipality Act, 1994 (20 of
1994), or of a Village Panchayat constituted under Section 4 of the Kerala
Panchayat Raj Act, 1994 (13 of 1994);
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(q) “Local Self Government Institution” means a Panchayat
constituted under Section 4 of the Kerala Panchayat Raj Act, 1994 (13 of
1994) or a Municipality constituted under Section 4 of the Kerala
Municipality Act, 1994 (20 of 1994);
(r) “master plan” means a comprehensive plan for a local
planning area covering the whole area or part thereof or a joint planning
area, as the case may be, conceived within the framework of the
perspective plan, if any, providing long-term policies, programmes and
detailed proposals for spatial development of such area indicating
the manner in which the use of land and development therein shall be
carried out;
(s) “metropolitan area” means an area notified by the Governor
under clause (c) of Article 243P of the Constitution of India to be a
Metropolitan Area;
(t) “Metropolitan Planning Committee” means the Committee
constituted by the Government for a Metropolitan area, under Section 54
of the Kerala Municipality Act, 1994, to prepare a draft development plan
for the Metropolitan area as a whole, and to exercise such other functions
assigned to it by the Government;
(u) “natural hazard prone area” means an area likely to have
moderate to very high damage risk of earthquakes or cyclones, significant
flood flow or inundation, land slide potential or proneness, sea erosion, wild
fire or one or more of similar hazards;
(v) “occupier” includes,—
(i) any person who, for the time being, is paying or is liable
to pay to the owner the rent or any portion of the rent of the land or
building;
(ii) any owner in occupation of, or otherwise using his land
or building;
(iii) a tenant of any land or building who does not pay
any rent;
(iv) a licensee in occupation of any land or building; and
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(v) any person who is liable to pay to the owner, charges for
the use and occupation of any land or building;
(w) “operational construction” means any construction whether
temporary or permanent, which is necessary for the operation,
maintenance, development or execution of any of the following services,
namely:—
(i) railways;
(ii) national highways;
(iii) State highways;
(iv) national waterways;
(v) major ports;
(vi) airports and aerodromes;
(vii) posts, telephones, wireless, broadcasting and other like
forms of communication;
(viii) regional grid for electricity;
(ix) roads, bridges and street furniture by Central and State
Government; and
(x) any other service which the Government may, if it is of
the opinion that the operation, maintenance, development or execution of
such service is essential to the life of the community, by notification,
declare to be a service for the purposes of this Act, but shall not include
the construction of a building, structure, installation or any extension
thereof, as the case may be, used for residential, commercial, public and
semi-public, industrial and warehousing purposes;
(x) “owner” includes a person who for the time being is receiving
or entitled to receive, or has received, the rent or premium for any land
whether on his own account or on account of, or on behalf of, or for the
benefit of any other person or as an agent, trustee, guardian or receiver
for any other person or for any religious or charitable institution, or who
would so receive the rent or premium or be entitled to receive the rent or
premium if the land was let to a tenant;
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(y) “perspective plan” means a long-term plan approximately for
a period of twenty years providing goals, policies, strategies and general
programmes for spatial development of the State, District or a
Metropolitan area, as the case may be;
(z) “plan” means a comprehensive document providing long-term
policies, programmes or detailed proposals for spatial development of a
particular area, indicating the manner in which the use of the land and
development therein shall be carried out, which shall also contain maps and
reports to support, as may be prescribed and includes a perspective plan
for the State, a perspective plan for a District, a perspective plan for a
Metropolitan Area, a Master Plan for a local planning area or part thereof,
a master plan for a joint planning area and a Detailed Town Planning
Scheme for any particular area within the local planning area, prepared
under this Act unless otherwise specified in this Act;
(aa) “prescribed” means prescribed by rules made under this Act;
(ab) “residence” means the use for human habitation of any
building and appurtenant land or part thereof and includes gardens,
grounds, garages, stables and out houses, if any, appertaining to such
building;
(ac) “spatial planning” means a scientific discipline adopted for
town and country planning, with a comprehensive approach, for the
physical organisation of space according to an overall strategy, directed
towards promoting sustainable and inclusive development of urban and
rural areas providing geographical expression to developmental, economic,
social, cultural, environmental and ecological policies of society;
(ad) “transferable development right” means a development right
to transfer the potential of a plot designated for a public purpose in a plan
under this Act, expressed in terms of total permissible built-up space
calculated on the basis of floor area ratio allowable for that plot, for
utilisation by the owner himself or by way of transfer by him to someone
else from the present location to a specified area in the plan as additional
built-up space over and above the permissible limit in lieu of compensation
for the surrender of the concerned plot free from all encumbrances to the
Municipal Corporation, Municipal Council, Town Panchayat or Village
Panchayat, as the case may be.
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CHAPTER  II
STATE TOWN AND COUNTRY PLANNING BOARD AND
THE PERSPECTIVE PLAN FOR THE STATE
3. Constitution of the State Town and Country Planning Board.—
(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 State Planning Board;
(c) the Chief Secretary to Government;
(d) the Principal Secretary to Local Self Government
Department;
(e) the Secretaries to Government in-charge of Local Self
Government Department, Revenue Department, Finance Department,
Agriculture Department, Planning and Economic Affairs Department,
Environment Department and Transport Department as nominated by the
Government;
(f) the Chief Town Planner;
(g) the Land Revenue Commissioner;
(h) the Chief Engineer, Local Self Government Department;
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(i) the Chief Engineer (Roads and Bridges), Public Works
Department;
(j) Head of the Department, Kerala Forest and Wildlife
Department;
(k) the Chairperson, Kerala State Pollution Control Board;
(l) the Chairperson,  Kerala State Electricity Board Limited;
(m) the Managing Director, Kerala Water Authority;
(n) two Members of Parliament, as nominated by the
Government;
(o) two Members of the State Legislative Assembly, as
nominated by the Government;
(p) two Chairpersons of the District Planning Committees
and/or Metropolitan Planning Committees, as nominated by the
Government;
(q) the Chairperson of the Chamber of the Mayors of the
Municipal Corporations;
(r) the Chairperson of the Chamber of Municipal
Chairpersons of the Municipal Councils;
(s) the President of the Kerala Grama Panchayat
Association; and
(t) three non-official members, as nominated by the
Government, of whom one person shall be with expertise and qualification
in Town and Country Planning and other two persons shall, in the opinion
of the Government, possess special knowledge or practical experience in
matters relating to transportation, agriculture or economics;
(5) The Principal Secretary to Government, in-charge of Local
Self Government Department in the State shall be the ex-officio
Member-Secretary of the Board and the Chief Town Planner shall be its
Joint Secretary.
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(6) The following persons may be invited to the meetings of the
Board as Special Invitees, as and when their presence is required at those
meetings, namely:—
(a) representatives of the Ministries of the Central
Government, in-charge of Railways, Civil Aviation, Shipping, Defence,
Transport and Communications, Environment, Urban Development, Rural
Development, etc.;
(b) Secretaries to the Government Departments other than
those mentioned in clause (d) of sub-section (4);
(c) the Chairperson of the Institute of Town Planners, India,
Kerala Regional Chapter; and
(d) the Chairpersons of the District Planning Committee, the
Metropolitan Planning Committee and the Development Authority
concerned.
4. Powers and functions of the Board.— 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;
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(f) evaluate and review the operations made by various Local
Self Government Institutions, in the context of implementation of the Plans
prepared under this Act, based on the consolidated reports forwarded by
the District Planning Committees, the Metropolitan Planning Committees
and the Development Authorities and submit reports thereon to the
Government;
(g) advise the Government on,—
(i) resolving issues, if any, pertaining to inter-district spatial
planning and infrastructure development;
(ii) identification of probable location of major investment
inputs which are likely to have substantial impact on the development
scenario of the State; and
(h) perform such other functions as may be prescribed.
5. Committees to be constituted by the Board.— (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.
6. Term of office and conditions of service of the non-official
members of the Board.— (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.
33/1049/2016/S-2.
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7. Meetings of the Board.— (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.
8. Matters that may be dealt with in the Perspective Plan for the
State.— 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, namely:—
(i) development of trade, commerce and industries;
(ii) agriculture and rural development; and
(j) any other particulars and details as may be deemed necessary
for ensuring spatial planning of the State and, as may be directed, by the
Government;
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(k) development vision for the State; and
(l) development strategies and policies.
9. Procedure for preparation, publication and sanctioning of
Perspective Plan for the State.— (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
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 Perspective Plan for the State
may be inspected, and also inviting objections and suggestions to be filed
within a period of one hundred and eighty days from the date of
publication of the notice in the Official Gazette. The Board shall also
forward a copy of the draft 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.
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(4) The Board shall consider all such objections and suggestions
and modify, if necessary, the draft Perspective Plan for the State, within
sixty days from the time limit prescribed for receiving objections and
suggestions, and the draft Perspective Plan for the State, as approved by
the Board, shall be forwarded to the Government for sanction.
(5) The Government shall consider the draft Perspective Plan for
the State and sanction the same with or without modifications, within sixty
days from the date of its receipt, and the fact of sanction by the
Government of the Perspective Plan for the State shall be notified in the
notice board of the technical secretariat of the Board, in the Official
Gazette, and in at least one newspaper having wide circulation in the State
stating the place or places where a copy thereof shall be available for
reference and for sale.
(6) The Government shall have the power to extend the time limit
prescribed in sub-sections (3), (4) and (5) above up to a period not
exceeding six months.
10. Officers and Staff of the Department of Town and Country
Planning.— (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.
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 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;
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(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 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;
(f) provide or organise necessary research inputs and other
studies for formulation of policies, strategies, norms, standards, laws, rules,
regulations and guidelines pertaining to spatial planning and development in
urban and rural areas in the State, either through in-house facility and/or
through outsourcing;
(g) provide and promote man-power training facilities relating to
spatial planning;
(h) perform functions as the Ex-officio Member Secretary of
the Kerala Urban Art Commission as provided under Chapter XII of
the Act; and
(i) perform any other function pertaining to spatial planning, as
may appear to him to be necessary, and as may be directed by the
Government, from time to time.
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CHAPTER III
DISTRICT PLANNING COMMITTEE AND PLANS
FOR THE DISTRICT
12. District Planning Area.— For the purposes of this Act, the area
of a District in the State, shall be deemed to be the District Planning
Area.
13. District Planning Committee and Plans for the District.— (l) 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.
14. Powers and functions of District Planning Committee.—
(l) 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 and
agencies in the district,—
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(i)  a Perspective Plan for the district, taking into account the
plans, if any, prepared by various Local Self Government Institutions and
any other plans prepared under this Act which have relevance to the
district;
(ii) Execution Plans, taking into account the perspective plan
prepared under sub-clause (i) and any other plans under this Act;
(b) consult non-governmental institutions, organizations, and
professional bodies if deemed necessary in the preparation of Plans for
the district;
(c)  monitor continuously and evaluate the physical achievements
of the investments made by the various Local Self Government Institutions
and quasi-government agencies within the district in the context of Plans
prepared under this Act and submit a consolidated report to the Board;
(d) co-ordinate planning and development activities among the
Government departments, Quasi-Government institutions within the district
and/or otherwise in the context of Plans under this Act;
(e) formulate policies and identify projects for integrated
development of district level infrastructure and facilitate their
implementation through public, private or joint sector participation and/or
otherwise;
(f) Give necessary guidelines to the Local Self Government
Institutions on identification of probable location of major investment inputs
which are likely to have substantial impact on the development scenario of
the district or State;
(g) resolve conflicts, if any, on the following, namely:—
(i) issues regarding development of peripheral areas of
urban centres;
(ii) sharing of physical and natural resources among various
Local Self Government Institutions in the district;
(iii)  sites for disposal of sewage and solid waste;
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(iv)  overlapping functions of various agencies involved in
planning and development; and
(v) any other issue within the purview of the District
Planning Committee;
(h) perform any other incidental, supplemental or consequential
function as may be necessary and required for the purposes of carrying
out its functions under this Act.
(3)  For the purpose of assisting the District Planning Committee in
exercising such of its powers, discharging such of its duties or performing
such of its functions under this Act, the District Planning Committee may
constitute one or more special committees:
Provided that the District Planning Committee may also constitute
working groups for various sectors for giving guidance and support to the
special committees in the preparation of perspective plan and execution
plan.
15. Perspective Plan for the district and matters that may be
dealt with in the Perspective Plan.— 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;
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(g) integrated infrastructure development covering water, energy,
sanitation, education, health, recreation, communication and other utilities,
facilities and services;
(h) development of special areas, if any, such as tribal areas,
coastal areas, economically backward areas, areas for establishment of
new towns, etc;
(i) natural hazard prone areas;
(j) development of various sectors, namely:—
(i) agriculture and rural development;
(ii) trade, commerce and industries;
(iii)  human resources;
(iv) district tourism promotion;
(k) mobilization of fiscal resources for Plan implementation;
(1) any other particulars and details as may be considered necessary
for ensuring planned development of the State and as may be directed by
the Government.
(m) integrated development vision of the district; and
(n) development strategies and policies for integrated development.
16.  Execution Plan for the district and matters that may be dealt
within the Execution Plan. —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 sub-section (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;
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(d) sectoral development policies, strategies and proposals of
sectors like agriculture, fisheries, animal husbandry, forest, industries,
transportation, infrastructure, water, health, education, energy, tourism, etc.;
(e) identification of projects and programmes;
(f) phasing of district development plan into five annual plans by
sectoral programmes, projects and schemes indicating physical targets and
fiscal requirements;
(g) financial resource planning; and
(h) any other particulars and details as may be considered
necessary by the District Planning Committee or as may be directed by
the Government.
17. Procedure for preparation, publication and sanctioning of
Perspective Plan for the district.— (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 for the district or relevant extracts thereof to the Local Self
Government Institutions within their jurisdiction.
(3)  The District Planning Committee shall as far as possible
within sixty days from the time limit prescribed for receiving objections
and suggestions under sub-section (2) consider all the objections and
suggestions received and give effect to such modifications as may be
considered necessary and the Perspective Plan for the district as
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recommended by the District Planning Committee shall be submitted to the
Government for sanction:
Provided that the District Planning Committee may appoint a special
committee consisting of not more than four of its members and the
district level officer of the Department of Town and Country Planning of
the Government for processing the objections and suggestions and to
submit its report to the District Planning Committee.
(4) The Government may, in consultation with the Board, within
sixty days of the date of receipt of the Perspective Plan for the district
forwarded to it under sub-section (3), and after ensuring that the
Perspective Plan for the district is within the framework of the
Perspective Plan for the State, if prepared, 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 Perspective Plan for the district is returned for
incorporating modifications, if any, suggested by the Government, the
modified Plan shall be resubmitted within sixty days and the Government
may sanction the Plan as if the Plan is submitted for sanction afresh.
(5) As soon as may be, after the Perspective Plan for the district
has been sanctioned by the Government, the District Planning Committee
shall forward a copy thereof to each of the Local Self Government
Institutions in the district, and also publish, the fact of sanction of the
Perspective Plan for the district by the Government, in the Official Gazette
and in at least one newspaper having wide circulation in the district, for
information of the public and also specifying the place or places where a
copy of the Plan may be available for reference or for sale.
(6) The Government shall have the power to extend the time limit
prescribed in sub-sections (2) (other than the time limit prescribed for the
preparation of the plan), (3) and (4) above up to a period not exceeding
six months.
18. Procedure for preparation and sanctioning of Execution Plan
for the district.— (1) Not later than six months from the date of sanction
of the Perspective Plan for the district by the Government under
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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 Government, the
modified Plan shall be resubmitted within sixty days and the Government
may sanction the Plan as if the Plan is submitted for sanction afresh.
(3) As soon as may be, after the Execution Plan for the district
has been sanctioned by the Government, the District Planning Committee
shall forward a copy thereof to each of the Local Self Government
Institutions in the district.
(4) Immediately after the expiry of four years from the date of
approval of the Execution Plan under sub-section (2), but not later than
four months thereafter, the District Planning Committee shall review such
plan and prepare a fresh execution plan for five years commencing from
the date of expiry of such plan in force after incorporating such
modifications and amendments as may be considered necessary and get it
sanctioned under this Act.
19.  District Planning Committee to issue guidelines for
preparation of five year and annual plans of Local Self Government
Institutions.— 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.
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CHAPTER IV
METROPOLITAN PLANNING COMMITTEE AND
PLANS FOR THE METROPOLITAN AREA
20. Declaration of Metropolitan Area.— 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.
21. Metropolitan Planning Committee and Plans for 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 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.
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
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 agencies in the Metropolitan Area,—
126
(i) a Perspective Plan for the Metropolitan Area, taking into
account the Plans, if any, prepared by various Local Self Government
Institutions in the Metropolitan Area and any other plan prepared under
this Act which have relevance to the Metropolitan Area;
(ii)execution plans, taking into account the perspective plan
prepared under sub-clause (i) and any other plans under this Act which
have relevance to the Metropolitan Area;
(b) consult non-governmental institutions, organizations and
professional bodies if deemed necessary, in the preparation of Perspective
Plan and Execution Plan for the Metropolitan Area;
(c) continuously monitor and evaluate continuously the physical
achievements of the investments made by the various Local Self
Government Institutions and quasi Government agencies within the
metropolitan area in the context of plans prepared under this Act and
submit a consolidated report to the Board;
(d) co-ordinate planning and development activities among the
Government departments, Quasi Government Institutions within the
Metropolitan Area or otherwise in the context of plans under this Act;
(e) resolve conflicts, if any, on the following, namely:—
(i) issues regarding development of peripheral areas of urban
centres;
(ii) sites for disposal of sewage and solid waste;
(iii) overlapping functions of various agencies involved in
planning and development; and
(iv) any other issue within the purview of the Metropolitan
Planning Committee;
(f) advise Government and Local Self Government Institutions in
the Metropolitan Area on identification of probable location of major
investment inputs which are likely to have substantial impact on the
development scenario of the Metropolitan Area/State;
127
(g) formulate policies and identify projects for integrated
development of metropolitan area level infrastructure and facilitate their
implementation through public, private or joint sector participation and/or
otherwise;
(h) sort out matters relating to sharing of physical and natural
resources within the Metropolitan Area;
(i) perform any other incidental, supplemental or consequential
function as may be necessary and required for the purposes of carrying
out its functions under this Act.
(3) For the purpose of assisting the Metropolitan Planning
Committee in exercising such of its powers, discharging such of its duties
or performing such of its functions under this Act, the Metropolitan
Planning Committee may constitute one or more special committees:
Provided that the Metropolitan Planning Committee may also
constitute working groups for various sectors for giving guidance and
support to the special committees in the preparation of perspective plan
and execution plan.
23. Metropolitan Planning Committees, Perspective Plan for the
Metropolitan Area and matters that may be dealt with in the
Perspective Plan.— 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;
128
(f) protection of environmentally and ecologically sensitive areas
and conservation of heritage;
(g) integrated infrastructure development covering water, energy,
sanitation, education, health, recreation, communication and other utilities,
facilities and services;
(h) development of special areas, if any, such as industrial
townships, coastal areas, pilgrim centres etc.;
(i) nat

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