LexThe Kerala Town and Country Planning Act 2016
Kerala · state statute
Open in Lexace · Ask the AI about this act[Translatio n in Englis h of “2016-ലലെ കകേരള നഗര-ഗഗ്രാമഗ്രാസൂത്രണ ആകക”
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.—WHEREAS, it is expedient to provide for the promotion of planned development
and regulation of growth of urban and rural areas in the State with focus on scientific spatial
planning and to secure to their present and future inhabitants, sanitary conditions, amenity and
convenience and for other matters connected therewith or incidental thereto;
BE it enacted in the Sixty-seventh Year of the Republic of India as follows:—
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 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;
* Received the assent of the Governor on the 17th day of March, 2016 and published in the Kerala Gazette
Extraordinary No. 645 dated 17th March, 2016.
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
(Central Act 53 of 2005);]
1. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021).
2. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
3. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
4. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021).
(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;
1[(j) “Five Year Plan” means an economic plan prepared by the State or Local Self
Governments to achieve the goals and objectives like growth, development, employment,
self-reliance, and social justice for a period of five years or for a period as decided by the
Government from, time to time;]
(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;
2[(na) “land” includes benefits arising out of land, and things attached to the earth or
permanently fastened to anything attached to the earth and shall also include, but not limited
to, water bodies, forest, mangroves, wetland and the like;]
(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);
(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 3[spatial 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 4[and the said
plan shall be in force for a period of fifteen years;]
1. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
2. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021).
3. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
4. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021).
(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;
1[(ta) “mitigation” means mitigation as defined in the Disaster Management Act,
2005 (Central Act 53 of 2005) in force in the State;]
(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
(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;
1. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021).
(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;
1[(xa) “Perspective Plan” means, for the purpose of this Act, a long term plan
approximately for a period of twenty years providing the goals, policies and strategies for the
economic and spatial development of the State, District or a Metropolitan area, as the case
may be;]
(y) “2[spatial 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 3 [ spatial
perspective plan] for the State, a 4[spatial perspective plan] for a District, a 5[spatial
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 6[, spatial plan for special 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;
7[(aaa) “priority action plan” means an action plan prepared within the framework of a
plan prepared in accordance with this Act for a district, metropolitan area, local planning area,
or a special area, as the case may be, indicating priorities and programmes for the spatial
development of said area, and it shall form part of the respective plan;
1. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021).
2. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
3. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
4. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
5. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
6. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021).
7. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021).
(aab) “published plan” means a plan published, in accordance with the provisions of
this Act and rules made thereunder, inviting objections and suggestions to be received within
the prescribed time limit;]
(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;
1[(aba) “sanctioned plan” means a plan published in accordance with the provisions
of this Act and rules made thereunder, and sanctioned after incorporating suitable
modifications, taking into consideration of the objections and suggestions if any;]
(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;
2[(aca) “Special Area” means an area, identified by the State or a Municipal
Corporation or a Municipal Council constituted under section 4 of the Kerala Municipality
Act, 1994 (20 of 1994) or a Town Panchayat or a Village Panchayat constituted under section
4 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) which needs immediate planning in the
backdrop of disaster, environmental vulnerability, heritage conservation, urgent infrastructure
development as directed by Government and such special area shall come under the
jurisdiction of one or more Local Self Government Institutions;
(acb) “Spatial plan for a Special Area” means a plan prepared for a Special Area
providing the policies, programmes and detailed proposals for spatial development of such
area, and indicating the manner in which the use of land and developments therein shall be
carried out;
(acc) “State Development Council” means the State Development Council
constituted under section 55 of the Kerala Municipality Act, 1994 (20 of 1994);
(acd) “State Planning Board” means the advisory board constituted under the
Government, to enable the Government to formulate development plans based on scientific
assessment of the resources of the State and growth priorities, and to facilitate planning and
implementation of development schemes or projects in the State, as the case may be.]
(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
1. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021).
2. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021).
all encumbrances to the Municipal Corporation, Municipal Council, Town Panchayat or
Village Panchayat, as the case may be.
CHAPTER II
1[STATE TOWN AND COUNTRY PLANNING COMMITTEE AND THE
SPATIAL PERSPECTIVE PLAN FOR THE STATE]
2[3. Constitution of the State Town and Country Planning Committee.—(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 Committee for the
purpose of carrying out the functions assigned to it under this Act.
(2) The State Town and Country Planning Committee shall consist of a Chairperson,
a Vice-Chairperson and other eighteen members as specified in sub-section (4).
(3) The Minister for Local Self Government Department, in the State, shall be the
Chairperson of the State Town and Country Planning Committee, and the Vice-Chairperson of
the State Planning Board shall be the Vice-Chairperson of the said Committee.
(4) The other members of the State Town and Country Planning Committee shall be
the following, namely:—
(a) the Principal Secretary to Government, Local Self Government
Department;
(b) the Secretaries of the Departments of Revenue, Finance, Agriculture,
Planning and Economic Affairs, Environment, Public Works, Transport, Forest and Wildlife,
Power and Water Resources;
(c) the Member of the State Planning Board in charge of Decentralised Planning;
(d) the Chief Town Planner;
(e) the Land Revenue Commissioner;
(f) the Chairperson, Kerala State Pollution Control Board; and
(g) three non-official members, as nominated by the Government, of whom one
person shall be an expert qualified in Town and Country Planning and the other two persons
shall, in the opinion of the Government, possess special knowledge or practical experience in
matters relating to transportation, agriculture, economics or environment.
(5) The Principal Secretary to Government, Local Self Government Department in
the State shall be the ex-officio Member Secretary of the State Town and Country Planning
Committee and the Chief Town Planner shall be its Joint Secretary.
1. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
2. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
(6) The following persons may be invited to the meetings of the State Town and
Country Planning Committee 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
and Forest, Urban Development, Rural Development, etc.;
(b) Secretaries to Government Departments other than those mentioned in clause
(b) of sub-section (4);
(c) the Chairperson of the Kerala Regional Chapter Institute of Town
Planners, India;
(d) the Chairpersons of the District Planning Committee, the Metropolitan
Planning Committee, Local Self Government Institution and the Development Authority
concerned; and
(e) any other experts, officials, representatives of organizations and the like,
with whom the State Town and Country Planning Committee desires to consult.]
4. Powers and functions of the 1 [ State Town and Country Planning Committee] .—
The 2 [ State Town and Country Planning Committee] 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 3 [ spatial P erspective P lan] for the State
and other Plans under this Act;
(d) prepare or get prepared the 4[spatial perspective plan] for the State under this
Act;
(e) prepare or get prepared plans for any area within the State falling in more than
one district;
(f) evaluate and review the 5[development activities] 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
1. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
2. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
3. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
4. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
5. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
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. 1[Sub committees ] to be constituted by the 2 [ State Town and Country Planning
Committee].—(1) For the purpose of assisting the 3[State Town and Country Planning
Committee] in exercising any of its powers or performing any of its functions as may be
specified by it, the 4[State Town and Country Planning Committee] may constitute
temporarily one or more 5[sub committees].
(2) Any 6[sub committee] constituted under sub-section (1) shall consist of such
members as may be specified by the 7[State Town and Country Planning Committee] and
shall also include the Chief Town Planner or an officer authorised by him.
(3) The 8[State Town and Country Planning Committee] shall have the power to co-
opt any person who is not a member of the 9[State Town and Country Planning Committee] as
a member of any 10[ sub 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 11[State
Town and Country Planning Committee].—(1) The term of office, conditions of service,
allowances and sitting fees payable to the non-official members of the 12[State Town and
Country Planning Committee] shall be such as may be prescribed.
(2) A non-official member of the 13[State Town and Country Planning Committee]
appointed under this Act may resign the membership of the 14[State Town and Country
Planning Committee] by giving a notice 15[xxxx] in writing to the Government and on
1. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
2. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
3. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
4. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
5. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
6. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
7. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
8. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
9. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
10. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
11. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
12. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
13. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
14. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
15. Omitted by Act 33 of 2021 (w.e.f. 25.02.2021).
such resignation being accepted by the Government, that person shall cease to be a member of
the 1[State Town and Country Planning Committee]. A non-official member may be removed
from office by the Government following the procedure laid down in Section 95.
7. Meetings of the 2[State Town and Country Planning Committee] .—(1) The 3[State
Town and Country Planning Committee] 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, 4[the Vice-Chairperson] or
in their absence, any member chosen by the members present from among themselves, shall
preside at a meeting of the 5 [ State Town and Country Planning Committee].
6[8. Matters that may be dealt within the Spatial Perspective Plan for the State.— (1)
The Spatial Perspective Plan for the State shall contain,—
(a) integrated vision for the spatial development of the State;
(b) strategies and policies for spatial development approximately for a period of
twenty years.
(2) The Spatial Perspective Plan for the State 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) generalized land utilization;
(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;
1. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
2. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
3. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
4. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
5. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
6. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
(ii) agriculture and rural development;
(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.]
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.
(4) The 12[State Town and Country Planning Committee] shall consider all such
objections and suggestions and modify, if necessary, the draft 13[spatial perspective plan] for
the State, within sixty days from the time limit prescribed for receiving objections and
1. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
2. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
3. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
4. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
5. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
6. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
7. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
8. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
9. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
10. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
11. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
12. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
13. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
suggestions, and the draft 1 [spatial perspective plan] for the State, as approved by the
2 [State Town and Country Planning Committee], 3 [s hall be forwarded to the State
Development Council and the said fact shall be informed to the Government.]
4[(4A) The State Development Council shall consider the draft Spatial Perspective
Plan for the State, and forward the same to the Government for sanction, with suggestions for
modifications, if any, as soon as may, within sixty days from the date of its receipt.]
(5) The Government shall consider the draft 5[spatial 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 6[spatial perspective plan] for the
State shall be notified in the notice board of the technical secretariat of the 7[State Town and
Country Planning Committee], in the Official Gazette, and in at least 8[two newspapers (of
which one shall be in the regional language)], having wide circulation in the State stating the
place or places where a copy thereof shall be available for reference and for 9 [ sale and the
spatial perspective plan for the State as sanctioned by the Government shall also be published
in the official website of the Technical Secretariat of the State Town and Country Planning
Committee].
10[(5A) The Government shall forward the Spatial Perspective Plan for the State
sanctioned under sub-section (5), to the State Planning Board for incorporating the Plan
suitably in the State Perspective Plan, Five Year Plans and Annual Plans, or in any of them.]
(6) The Government shall have the power to extend the time limit prescribed in sub-
sections (3), (4), 11[(4A)] and (5) above up to a period not exceeding six months.
10. Officers and Staff of the 12[Local Self Government Department (Planning)] .—(1)
There shall be a 13[Local Self Government Department (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 14[Local Self
Government Department (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 1 5[ State Town and Country Planning Committee].
1. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
2. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
3. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
4. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021).
5. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
6. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
7. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
8. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
9. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
10. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021).
11. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021).
12. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
13. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
14. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
15. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
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;
1. Added by Act 15 of 2022 (w.e.f. 31.03.2022).
2. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
3. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
4. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
5. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021).
(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 1 [ Art and
Heritage] Commission as provided under Chapter XII of the Act; and
(i) perform any other function pertaining to spatial planning, as may appear 2[xxxx]
to be necessary, and as may be directed by the Government, from time to time.
CHAPTER III
3[DISTRICT PLANNING COMMITTEE AND THE SPATIAL
PERSPECTIVE PLAN 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. 4[District Planning Committee and the Spatial Perspective Plan for the District].—
5[(1) The District Planning Committee constituted by the Government under section 53 of the
Kerala Municipality Act, 1994 (20 of 1994) shall prepare or get prepared, the Spatial
Perspective Plan for the district as a whole, which shall be the spatial component of the draft
Development Plan for the district envisaged under section 53 of the Kerala Municipality Act,
1994 (20 of 1994) and exercise such other functions as assigned to it under this Act.]
(2) The district level officer of the 6[Local Self Government Department (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 7[Local Self
Government Department (Planning)] shall function as the Spatial Planning Wing of the
District Planning Committee.
14. 8[Powers and functions of District Planning Committee in respect of spatial
planning].—(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
1. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
2. Omitted by Act 33 of 2021 (w.e.f. 25.02.2021).
3. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
4. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
5. Substituted by Act 33 of 2021(w.e.f. 25.02.2021).
6. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
7. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
8. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
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,—
1[(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 Local Self
Government Department (Planning) of the Government and district level officers of other
Government Departments and agencies in the district, a spatial 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;]
2[(aa) Metropolitan Planning Committees, if any, having jurisdiction in any part of the
district shall be consulted while preparing Spatial Perspective Plan for the district;]
(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 3 [State Town and Country Planning Committee];
(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;
(iv) overlapping functions of various agencies involved in planning and
development; and
1. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
2. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021).
3. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
(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 1[sub committees]:
Provided that the District Planning Committee may also constitute working groups for
various sectors for giving guidance and support to the 2[sub] committees in the preparation of
3[spatial perspective plan] and execution plan.
4[15. Spatial Perspective plan for the district and the matters that may be dealt within the
Spatial Perspective Plan.—(1) The District Planning Committee constituted by the
Government under section 53 of the Kerala Municipality Act, 1994 (20 of 1994) shall prepare
or get prepared the Spatial Perspective Plan for the District and it shall contain an integrated
vision, strategies and policies for the district on spatial development for a plan period of
approximately twenty years.
(2) The Spatial Perspective Plan for the District shall, inter alia, deal with all or some
of the following matters, namely:—
(a) physical and natural resource potentials and their utilisation;
(b) population assignment and settlement pattern including rural as well as urban
centres and their hierarchy and functional specialization;
(c) district level transportation system;
(d) generalized land utilisation pattern;
(e) housing and shelter development;
(f) conservation of environment, forests, ecologically sensitive areas and heritage
zones;
(g) integrated infrastructure development covering water, energy, sanitation,
education, health, recreation, communication and other utilities, facilities and services;
(h) development of specific areas, if any, such as tribal areas, coastal areas,
economically backward areas, areas for establishment of new towns, etc;
(i) situational analysis in respect of hazard, vulnerability, risk and proposals for
mitigation and resilience;
1. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
2. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
3. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
4. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
(j) spatial development aspects of various sectors, namely:—
(i) agriculture and rural development and allied sectors;
(ii) trade, commerce and industries;
(iii) tourism;
(iv) animal husbandry and fisheries;
(v) any other sector which is determinant in the spatial planning and
development of the District;
(k) mobilization of fiscal resources for Plan implementation; and
(l) 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.
(3) Priority action plan, taking into account major schemes and projects envisaged in
the spatial perspective plan for the District and also the development priorities assigned by the
Central and State G overnments, indicating phasing and prioritization of actions for the
implementation of short, medium and long term sectoral programmes, projects and schemes
or any other particulars, as may be considered necessary in respect of spatial development by
the District Planning Committee concerned.]
16. 1[xxxx]
17. Procedure for preparation, publication and sanctioning of 2[Spatial 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 3 [ to prepare or get prepared] a 4 [ Spatial
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 5 [ Spatial Perspective Plan] as per sub-section (1), prepare or
get prepared and shall publish, the draft 6[Spatial P erspective P lan] 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 7[Spatial
Perspective P lan] 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 tExcerpt shown. Open the full act in Lexace.