THE KERALA TOWN AND COUNTRY PLANNING ORDINANCE, 2014 · THE KERALA TOWN AND COUNTRY PLANNING ORDINANCE, ... 1994 Kerala Municipality Act 1994 and Kerala Panchayat ... population assignment

THE KERALA

TOWN AND COUNTRY PLANNING ORDINANCE, 2014

September 2014

1

S. Ajayakumar,

Additional Chief Town Planner, Government of Kerala

[email protected],

phone 09495931639

mailto:[email protected]

S. Ajayakumar, Additional Chief Town Planner, [email protected],phone 09495931639

2

No unified legislation for the state till this ordinance

Legislations prior to ordinance

- Town Planning Act 1108 ME (Travancore – Cochin area)

- Madras Town Planning Act 1920 (Malabar area)

- Town & Country Planning Act 1120 ME

(Travancore area)

PRESENT SCENARIO


3

1992 73rd and 74th Constitution amendment

1994 Kerala Municipality Act 1994 and Kerala Panchayat Raj Act

1994 with necessary provisions for DPC and MPC

(Spatial Planning functions of DPC and MPC not detailed in these

legislation

Therefore the need for a new legislation containing the spirit of

constitutional amendments (Plans and Planning at various levels))

Milestones…Acts and rules


4

2005 Sayeesh Kumar vs State of Kerala .. Declared that giving individual exemptions

from the provisions of the Master plan and Detailed Town Planning schemes as

against law

2011 Sri.V.Shivaprasad vs State of Kerala…Observed, among others, that “While

examining the provisions of the Town Planning Act and the Municipality Act,

1994, the urgent necessity to bring in a comprehensive legislation for enabling

the Municipalities to effectively bring in spatial planning schemes is evident.

The glaring difference in the approach under the two enactments should get

the attention of the Government and the Legislature”

Milestones…court judgements


5

2013 “It is declared that the provisions of Town Planning Act, 1939 and

Madras Town Planning Act, 1920 cannot survive in the light of

Part IX-A of the Constitution and the Municipality Act, 1994”;

2013 “Hon’ble Chief Justice of Kerala expressed a view on 30/07/2013

that if it is intended by the Government to publish the ordinance,

it shall be done on or before 13/08/2013”;

Milestones…court judgements… contd


6

“Town Planning Department is therefore having a greater say

under the Town Planning Act and the Government will have to

sanction the scheme under Section 12, publish it under sub-

section (5) of Section 12 and the variation or revocation of the

scheme under Section 13 is to be done by the Government. This

directly goes against the concept of local self government as

envisaged under Part IX-A of the Constitution as well as under

Sections 30(2) and 30(3) the Municipalities Act, 1994”.’

OBSERVATIONS OF COURT

243ZF of 74th constitutional amendment.

“ Continuance of existing laws and Municipalities.-

Notwithstanding anything in this Part, any provision of any law

relating to Municipalities in force in a State immediately before the

commencement of the Constitution(Seventy-fourth Amendment) Act,

1992, which is inconsistent with the provisions of this Part, shall

continue to be in force until amended or repealed by a competent

Legislature or other competent authority or until the expiration of

one year from such commencement, whichever is earlier:”


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Draft proposals were formulated in 2009 after studying

• the Model Bill prepared by the Town and Country Planning

Organization (TCPO), Government of India;

• Legislation in other states such as Maharashtra, Gujarat, Andhra Pradesh , Tamil Nadu and Karnataka;

• Legislation in the UK;

• Existing legislations in the state;

• Constitution (73rd and 74th Amendment) Acts;

• Discussion with Town Planners etc.


9

Draft proposals posted for public opinion in the web site of

the Department.

Extensive consultation with stakeholders viz., Chamber of

Municipal Chairmen, Institute of Town Planners (ITPI)

Kerala Chapter and Consultative Committee on

Decentralization, former Planners of the Department and

held individual consultations too

Draft Bill submitted to Government by the Chief Town Planner on

8-1-2010

Meeting convened at Government level with officials from

Department of Culture, Revenue and Finance on 21-1-2011

On 2-12-2011 Government communication to CTP to ensure

compliance with the Judgment of the on’ble High Court.

TIME LINE CONT…


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On 25-1-2013 a revised draft bill prepared by the office of

the Consultative Committee on Decentralization (CCD) was

forwarded by Government to CTP for remarks.

Even though, conceptually the two proposals were

identical, the draft bill lacked technical clarity in certain

aspects. Clarity on these were brought in by the CTP

Meetings held with the Law Secretary, the Principal

Secretary, LSGD and the representative of the Advocate

General to further refine provisions in the Act.

revised draft was submitted for consideration of

Government on 26/7/2013.

TIMELINE CONT…

Time line of issue of ordinances

Kerala Town and Country Planning Ordinance was promulgated on

23.9.2013

This was repromulgated on February 2014

A revised draft ordinance was repromulgated on 18.7.2014


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SALIENT FEATURES OF

THE KERALA TOWN AND COUNTRY PLANNING ORDINANCE, 2014


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BASIC CONCEPT

• Town & Country Planning Commission as an apex body at State

level

• DPC at the district level and MPC at metropolitan area level

(already provided in the Kerala Municipality Act 1994)

• Local bodies (Municipal Corporation/ Municipal Council Village

Panchayat) to be responsible for planning & implementation at

local level


13

Plans envisaged in the Ordinance

Town and Country Planning Commission

• State Perspective Plan

DPC/ MPC

• Perspective plan for the District /Metro Area

• Execution Plan

Municipality / Village Panchayat

• Master plan

• Detailed development plan

• Execution Plan

("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 socioeconomic and spatial development of the area for the period.)


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TOWN & COUNTRY PLANNING COMMISSION

Chief Minister of the State – Chairperson

Minister in charge of Town and Country Planning – Vice Chairperson

Chief Secretary and 4 Secretaries to Government - Members

Principal Secretary, LSGD – Member Secretary; CTP – Joint Secretary

Representatives of KWA, KSEB, PWD (Roads), KSPCB, CCF

Two MPs and Two MLAs.

Two representatives of DPCs, MPCs

Representatives of Chambers of Mayors & Chairmen and Assn of

Presidents of Village Panchayats

Three non official members – One person with expertise & qualification in

Town & Country Planning , two persons with practical knowledge or

experience in transportation , economics or agriculture.


15

Features of the Ordinance…..

TOWN & COUNTRY PLANNING COMMISSION AND THE STATE

PERSPECTIVE PLAN

Town & Country Planning Commission as an apex body.

The Commission shall consist of Chairperson, Vice Chairperson and

29 other members appointed by Govt.

Technical Secretariat of the Commission - The office of the Chief

Town Planner

Perspective Plan for the State

- long term policies and strategies for spatio -economic development.

- To be reviewed once in 10 years

Other departments and agencies to consider the State Perspective

Plan S. Ajayakumar, Additional Chief Town Planner, [email protected],phone 09495931639

16



17

DISTRICT PLANNING COMMITTEE

The Committee shall consist of fifteen members of whom-

(a) twelve members shall be elected, in such manner as may be

prescribed, by and from amongst the elected members of the

Panchayats at the district level and of the Municipalities in the

district in proportion to the ratio between the population of the rural

areas and of the urban areas in the district:

(b) the President of the District Panchayat in that district;

(c) one shall be a person having considerable experience in

administration and planning, nominated by the Government;

(d) the District Collector concerned, ex-officio.


S. Ajayakumar, Additional Chief Town Planner, [email protected],phone 09495931639 18

DPC AND THE PERSPECTIVE PLAN FOR THE DISTRICT

physical and natural resource potentials and their utilisation;

population assignment and settlement pattern including rural as

well as urban centres and their hierarchy and functional

specialization;

district level transportation system;

generalized land utilisation pattern;

housing and shelter development;

conservation of environment, forests, ecologically sensitive areas

and heritage zones;

integrated infrastructure development covering water, energy,

sanitation, education, health, recreation, communication and other

utilities, facilities and services;



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DPC AND THE PERSPECTIVE PLAN FOR THE DISTRICT

natural hazard prone areas;

development of various sectors, namely:-

agriculture and rural development; (ii) trade, commerce and

industries; (iii) poverty alleviation and employment generation in

both formal and informal sectors; (iv) human resources; (k)

mobilization of fiscal resources for Plan implementation; (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;

integrated development vision of the district; and

development strategies and policies for integrated development



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DPC AND THE EXECUTION PLAN FOR THE DISTRICT

Execution plan shall be the implementation plan and shall inter

alia deal with all or some of the following matters, namely:

such matters contained in clauses (a) to (k) of section 15

as may be considered necessary;

development issues;

consolidation of plans of local self government

institutions; strategies for the integrated development;

sectoral development policies, strategies and proposals of

sectors like agriculture, fisheries, animal husbandry,

forest, industries,



21

DPC AND THE EXECUTION PLAN FOR THE DISTRICT

transportation, infrastructure, water, health, education,

energy, tourism,

social welfare etc.;

identification of projects and programmes;

phasing of district development plan into five annual plans

by sectoral programmes, projects and schemes indicating

physical targets and

fiscal requirements; financial resource planning; and

any other particulars and details as may be considered

necessary by the District Planning Committee or as may be

directed by the Government.


METROPOLITAN PLANNING COMMITTEE

The Metropolitan Planning Committee shall consist of fifteen members of whom.-

(a) ten shall be elected, in such manner as may be prescribed, by and from amongst, the elected members of the Municipalities and the Presidents of the Village Panchayats in the Metropolitan area in proportion to the ratio between the population of the Municipalities and Village Panchayats in that area;

(b) five shall be nominated by the Government of whom-

(i) one shall be an officer of the rank of a Secretary to Government or an eminent person having experience in local administration or public administration;

(ii) one shall be an officer not below the rank of Senior Town Planner of the Town Planning Department;

(iii) one shall be an officer not below the rank of Superintending Engineer of the Public Works Department;

(iv) one shall be an officer of any Government Department not below the rank of a Deputy Secretary to Government; and

(v) one shall be the Collector of the district in which the metropolitan area is comprised .


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MPC AND THE PERSPECTIVE PLAN

FOR THE METROPOLITAN AREA

Perspective Plan similar to that of DPC


23


Execution Plan similar to that of the DPC.


24


MPC and the Execution plan for the Metropolitan

area

Municipal Corporation/ Municipal Council/ Village Panchayat to

prepare Master Plans

Master Plan is a comprehensive Plan within the frame work of

Perspective Plans at State/ District/ Metropolitan Area

LSGI to implement proposals in the Master Plans

Master Plans to be Sanctioned by Government with the

recommendation of DPC/ MPC

All existing General Town Planning Schemes to be deemed as Master

Plans

Government Departments and other authorities to take into account

the Master while drawing up projects

Master Plans to be reviewed every 10 years


25


EXECUTION PLANS FOR LOCAL PLANNING AREA

(Municipality/village panchayats)

The Execution Plan may include the following, namely:-

development issues and consolidation of suggestions of grama sabha/ward sabha/ ward

committee as the case may be;

development strategies for integrated development;

sectoral development policies, strategies and proposals of sectors like agriculture,

fisheries, animal husbandry, forest, industries, transportation, infrastructure, water,

drainage, sewerage, solid waste management, health, education, energy, tourism, social

welfare, suggested phasing of the proposal etc;

implementation mechanism which may include identification of sector-wise schemes

and projects to be implemented by Central or State Government departments, the Local

Self Government Institutions concerned, corporate bodies, co-operatives, private and

joint sectors and or otherwise;

fiscal requirements and resource mobilisation proposals;

any other matter as may be considered necessary for carrying out the objects of this

Ordinance; and

monitoring and review mechanism.

S. Ajayakumar, Additional Chief Town Planner, [email protected],phone 09495931639 26



27

Joint Planning Area – consisting of more than one local body either in

full or in part.

Joint Committees for joint planning areas to be constituted under

KMA 94 or KPRA 94.

Master Plans to be prepared for the Joint Planning Area

Constituent LSGIs to implement proposals in a Master Plan for a

Joint Planning Area

Joint Planning Committees and Master Plan for Joint

Planning Area



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Municipal Corporation/ Municipal Council/ Village Panchayat to prepare DTP Schemes

Detailed proposals for development of areas

LSGIs to implement proposals in the DTP Schemes

DTP Schemes to be Sanctioned by DPC/ MPC

All existing DTP Schemes to be deemed as DTP Schemes under the new Act

Government Departments and other authorities to take into account the DTP Schems while drawing up projects

DTP Schems to be reviewed every 10 years

Detailed Town Planning Schemes for Local Planning

Area ( Municipality /Village Panchayats)


29


Legal provision for functioning of Development

Authorities

Legal provisions for Land pooling Schemes


OTHER FEATURES OF THE ACT

Enabling provisions for Transfer of Development Right,

Accommodation Reservation, Negotiated Settlement,

Acquisition, Obligation to acquire in certain cases

Plans to have effect from the date of Sanctioning

Interim Development Order for controlling development before

sanctioning of plans

LSGIs to consider Plans for implementation of projects through

annual plans and five year plans

Levy of Development Charges


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OTHER FEATURES OF THE ACT

Art and Heritage Commission

Office of CTP to be the Technical Secretariat of A& H

Commission

Planning and Development Fund for LSGIs

Fund of the Commission, DPC and the MPC

Power to make Rules and Regulations


31

State Perspective Plan

District/ Metropolitan

Perspective Plan

Master Plan Execution Plan Detailed Town

planning Scheme

District / Metropolitan

Execution Plan

State

level

Dist /

Metro

level

Local

level


32

State Perspective

Plan

Perspective Plan

Master Plan

Execution Plan

Execution Plan -

LSG

DTP

Scheme

State

District/ Metro

LSG

Regulatory

Component

Developmental Component

State Five

Year Plan

F

ive

yr

Pla

n o

f

LS

Gs

A

nn

ua

l

Pla

n o

f

LS

Gs

Planning System for the State

Other Inputs


33

Thank You

34

S. Ajayakumar,

Additional Chief Town Planner, Government of Kerala

[email protected],

phone 09495931639

mailto:[email protected]

Documents

THE KERALA TOWN AND COUNTRY PLANNING ORDINANCE, 2014 · THE KERALA TOWN AND COUNTRY PLANNING ORDINANCE, ... 1994 Kerala Municipality Act 1994 and Kerala Panchayat ... population assignment