Kerala Town and Country Planning Act, 2016
No: 10 Dated: Mar, 22 2016
Kerala Town and Country Planning Act, 2016
(Act No. 10 of 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;
(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 pan 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;
(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 Junctions 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, alter 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 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 tire or one or more of similar hazards;