Kerala Town and Country Planning Act, 2016

103 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. SAJU, Special Secretary (Law). 104 [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.—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 105 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. 106 (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); 107 (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 108 (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; 109 (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. 110 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; 111 (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. 112 (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; 113 (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. 114 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; 115 (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. 116 (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; 117 (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. 118 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,— 119 (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; 120 (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; 121 (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; 33/1049/2016/S-2. 122 (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 123 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 124 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. 125 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) natural hazard prone areas; ( j ) development of various sectors, namely:— (i) agriculture and rural development; (ii) trade, commerce and industries; (iii) tourism promotion of Metropolitan Area; (k) fiscal resource requirements and its mobilization including the extent and nature of investments likely to be made in the area; (l) any other particulars and details as may be considered necessary for ensuring planned development and as may be directed by the Government; (m) integrated development vision of the Metropolitan Area; (n) development strategies and policies for integrated development. 24. Execution Plan for the Metropolitan Area and matters that may be dealt with in the Execution Plan.—The Metropolitan Planning Committee shall prepare Execution Plan for the Metropolitan Area for a plan period of five years taking into account the perspective plan prepared under Section 23, 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 sub-clauses (a) to ( j ) of Section 23 as may be considered necessary; 129 (b) development issues; (c) strategies and development policies for the integrated development; (d) sectoral development policies, strategies and proposals of sectors like agriculture, fisheries, animal husbandry, forest, trade and commerce, industries, transportation, water, health, education, energy, tourism, etc.; (e) identification of projects and programmes; (f) phasing of metropolitan area perspective plan into five year 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 Metropolitan Planning Committee or as may be directed by the Government. 25. Procedure for preparation, publication and sanctioning of Perspective Plan for the Metropolitan Area.—(1) As soon as may be, after its constitution, the Metropolitan Planning Committee, shall take a decision to prepare a Perspective Plan for the Metropolitan Area. (2) The Metropolitan Planning Committee shall, not later than two years from the date of decision taken to prepare a Perspective Plan in the Official Gazette as per sub-section (1), prepare or get prepared and publish draft Perspective Plan for the Metropolitan Area in the website and the notice of publication shall be notified in the Official Gazette and in at least two newspapers having wide circulation in the metropolitan area, of which one must be in the regional language, specifying the place or places where a copy of the draft Perspective Plan for the Metropolitan Area may be inspected, and also inviting objections and suggestions to be filed within a period of sixty days from the date of publication of notice in the Official Gazette. The Metropolitan Planning Committee shall forward a copy of the draft Perspective Plan for the Metropolitan Area or relevant extracts thereof to the Local Self Government Institutions within their 33/1049/2016/S-2. 130 jurisdiction. The Metropolitan Planning Committee shall forward a copy of the draft Prespective Plan for the Metropolitan Area to the District Planning Committee concerned and the District Planning Committee, as far as possible, within a period of sixty days from the date of receipt of the said plan shall submit their suggestions, if any, to the Government. (3) The Metropolitan Planning Committee shall as far as possible within sixty days from the time limit prescribed for receiving objections and suggestions under sub-section (2) shall consider all the objections and suggestions received and give effect to such modifications as may be considered necessary and the Perspective Plan for the Metropolitan Area as recommended by the Metropolitan Planning Committee shall be submitted to the Government for sanction: Provided that the Metropolitan Planning Committee may appoint temporarily a special committee consisting of not more than five 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 Metropolitan Planning Committee. (4) The Government may, in consultation with the Board, within sixty days from the date of receipt of the Perspective Plan for the Metropolitan Area forwarded to it under sub-section (3) and after ensuring that the Perspective Plan for the Metropolitan Area is within the framework of the Perspective Plan for the State 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 Metropolitan Area 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 Metropolitan Area has been sanctioned by the Government, the Metropolitan Planning Committee shall forward a copy thereof each to 131 the District Planning Committee concerned and the Local Self Government Institutions in the Metropolitan area, and also publish the fact of sanction of the Perspective Plan for the Metropolitan Area by the Government, in the Official Gazette and in at least one newspaper having wide circulation in the Metropolitan area, 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 preparation of the Plan), (3) and (4) above up to a period not exceeding six months. 26. Procedure for preparation and sanctioning of Execution Plan for the Metropolitan Area.—(1) Not later than six months from the date of sanction of the Perspective Plan for the Metropolitan Area by the Government under sub-section (4) of Section 25, the Metropolitan Planning Committee shall prepare Execution Plan for the first five year of the twenty year period of the Perspective Plan for the Metropolitan Area as a whole and shall forward the same 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 Metropolitan Area forwarded to it under sub-section (1), and after ensuring that the Execution Plan for the Metropolitan Area is in conformity with the Perspective Plan for the Metropolitan Area 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 Metropolitan Area 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 Metropolitan Area has been sanctioned by the Government, the Metropolitan Planning Committee shall forward a copy thereof to the District Planning Committee concerned and to each of the Local Self Government Institutions in the Metropolitan Area. 132 (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 Metropolitan 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. 27. Metropolitan Planning Committee to issue guidelines for preparation of five year and annual plans of Local Self Government Institutions.—Metropolitan 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 in conformity with the Perspective Plan and Execution Plan of the Metropolitan Area and any other plans under this Act. CHAPTER V PLANS FOR LOCAL PLANNING AREAS 28. Local Planning Area.—From the date of commencement of this Act, the area under the jurisdiction of a Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat shall be deemed to be a Local Planning Area, for the purposes of this Act. 29. Variations in the Local Planning Area.—(1) In case the Government vary the area of jurisdiction of a Municipal Corporation, Municipal Council or Town Panchayat as provided under Section 4 of the Kerala Municipality Act, 1994 or of a Village Panchayat as provided under Section 4 of the Kerala Panchayat Raj Act, 1994, as the case may be, the Local Planning Area shall stand modified accordingly. (2) The Government may, by notification in the Official Gazette, direct that all or any of the rules, regulations, bye-laws, orders and directions made or issued and powers conferred and in force in a Local Planning Area at the time, with such exceptions, adaptations and modifications as may be considered necessary by the Government, shall 133 apply to the area modified under sub-section (1) and such rules, bye-laws, orders, directions and powers shall forthwith apply to such Local Planning Area without further publication. 30. Powers and functions of the Municipal Corporations, Municipal Councils etc. in relation to spatial planning.—Notwith- standing anything contained in the Kerala Municipality Act, 1994 or the Kerala Panchayat Raj Act, 1994, Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat shall have the following additional functions for the purpose of this Act, namely:— (a) prepare or get prepared for the Local Planning Area or part thereof,— (i) a master plan, taking into account the Plans, if any, prepared under this Act which have relevance to the Local Planning Area; (ii) execution plans, taking into account the master plan and other Plans, if any, prepared under this Act which have relevance to the Local Planning Area; (b) implement all or any of the provisions contained in the Plans under this Act by formulating and executing projects, Land Pooling Schemes, Detailed Town Planning Schemes or otherwise; (c) formulate, promote, regulate and control land use and developmental activities in the Local Planning Area as per the Plans under this Act; (d) set up special function agencies, if necessary, for specific functions such as plan preparation, implementation of projects and guide, direct and assist such agencies on matters pertaining to their respective functions; and (e) perform such other functions as are supplemental, incidental or consequential to any of its functions and or as may be directed by the Government from time to time. 134 31. Delegation of powers to the Standing Committees.—The Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, as the case may be, if so decided by a resolution, may delegate, any of its powers and functions regarding spatial planning under this Act, except its power under sub-section (4) of Section 36, to the Standing Committee responsible for spatial planning or town planning in a Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, as the case may be. 32. Appointment of Special Committees and Working Groups.—(1) For the purpose of assisting the Municipal Corporation, the Municipal Council, the Town Panchayat or the Village Panchayat concerned in exercising such of its powers, discharging such of its duties or performing such of its functions under this Act, the Municipal Corporation, the Municipal Council, the Town Panchayat or the Village Panchayat concerned may constitute one or more special committees. Such special committees shall consist of the following persons, namely:— (i) the Chairperson of the Municipal Corporation or the Municipal Council or the President of the Town Panchayat or the Village Panchayat, as the case may be, who shall be the Chairperson of the special committee; (ii) members of the Municipal Corporation, the Municipal Council, the Town Panchayat or the Village Panchayat concerned, as nominated by the respective council/committee; (iii) the District Officer of the Department of Town and Country Planning or his representative; (iv) the Secretary of the Local Self Government Institution concerned, who shall be the Convenor. (2) The Municipal Corporation, the Municipal Council, the Town Panchayat or the Village Panchayat shall have the power to co-opt as a member of the special committee constituted under sub-section (1), any person having special expertise and qualification in Town and Country Planning, who is not a member of that Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, as may be deemed necessary. 135 (3) The Municipal Corporation, the Municipal Council, the Town Panchayat or the Village Panchayat may constitute working groups as per the guidelines for the prevailing Five Year Plan or in such manner as may be prescribed, for various sectors for giving guidance and support to the special committees in the preparation of master plan and execution plan. 33. The Department of Town and Country Planning and the Plans under this Act.—The Department of Town and Country Planning of the Government shall, guide and advise the Municipal Corporation, the Municipal Council, the Town Panchayat or the Village Panchayat concerned, its Standing Committee or any other special committees constituted under sub-section (1) of Section 32 or the working groups constituted under sub-section (3) of Section 32 in the performance of their functions under this Act. 34. Matters that may be dealt with in the Master Plan.—(1) The Master Plan shall be prepared through a participatory process and shall generally indicate the manner in which development of the Local Planning Area or part thereof shall be carried out and also the manner in which the use of land shall be regulated. (2) The Master Plan may include the following, namely:— (a) A development concept and strategy with a long term vision, approximately for a period of twenty years, having regard to the policies and strategies for the Local Planning Area or part thereof concerned, as laid down in the Perspective Plan for the State, the plans for the district and the Metropolitan Area, if any, under this Act. It may also incorporate goals, objectives, strategies and policies pertaining to all or some of the sectors of spatial development that are pertinent to the local planning area or part thereof, as the case may be; (b) Master Plan documents with land use proposals, development control regulations and Plans for infrastructure development; (c) statement of community involvement in the preparation, implementation and monitoring of the Master Plan; 136 (d) situational analysis including history of development, present status and trend of development, regional context, physiographic and demographic characteristics, influence area and its characteristics including settlement pattern, rural-urban relationship and fringe area developments etc.; and (e) existing land use. (3) In particular, the Master Plan shall provide for current issues, prospects and proposals regarding all or any of the following, namely:— (i) economic base and employment in sectors like agriculture, trade, commerce and industries in both formal and informal sectors; (ii) hierarchy of commercial areas, dispersal of commercial activities and related issues; (iii) dispersal of industries and restriction on specific type of industries in both formal and informal sectors; (iv) population assignment, space requirement for various activities and designating the use of land for such purposes; (v) housing, including affordable housing, informal sector housing, resettlement strategy and slum upgradation; (vi) educational facilities, including specialised education and research centres, health facilities, including specialized hospitals, cultural and religious facilities, public and semi-public institutions; (vii) system of open space, play fields and recreation areas, conservation areas, ecologically and environmentally sensitive areas, natural hazard prone areas and public gathering grounds; (viii) transportation covering roads, railways, waterways, pedestrian-pathways and related activity centres, parking and terminal facilities, mass transportation system and its integration with activity nodes, integration of land use with activity nodes and land use pattern, airport and seaport etc.; (ix) utilities and services such as water supply, drainage, sewerage, solid waste management, energy, communication, fire protection, cremation and burial grounds, slaughter houses etc.; 137 (x) tourism, environmental conservation, heritage, coastal area development and the like; and (xi) proposals for Transferable Development Rights, Accommodation Reservation, Land Pooling Schemes or any other similar technique for promoting planned development; (xii) development control regulations for promoting and regulating the use and development of land including regulations for natural hazard prone areas, imposition of conditions and restrictions in regard to the building line, open space to be maintained about buildings, Floor Area Ratio, coverage, height, number of storeys and character of buildings and density of built-up area allowed in specified area, the use and purpose for which buildings or specified areas of land may or may not be appropriated, the subdivision of plots, the discontinuance of objectionable uses of land in any area in reasonable periods, parking spaces, and the size of projections and advertisement signs and the like; and (xiii) such other proposals for public purpose as may, from time to time, be approved by the Municipal Corporation, the Municipal Council, the Town Panchayat or the Village Panchayat concerned, or as may be directed by the Government or the District Planning Committee or the Metropolitan Planning Committee, as the case may be, in this behalf. 35. Matters that may be dealt with in the Execution Plan.—The Execution Plan may include the following, namely:— (a) development issues and consolidation of suggestions of grama sabha/ward sabha/ward committee, as the case may be; (b) development strategies for integrated development; (c) 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, suggested phasing of the proposal etc.; (d) implementation mechanism which may include identification of sector-wise schemes and projects to be implemented by Central or State 33/1049/2016/S-2. 138 Government departments, Public Sector undertakings, the Local Self Government Institutions concerned, corporate bodies, co-operatives, private and joint sectors and/or otherwise; (e) fiscal requirements and resource mobilisation proposals; (f) any other matters as may be considered necessary for carrying out the objects of this Act; and (g) monitoring and review mechanism. 36. Procedure for preparation, publication and sanctioning of Master Plan.—(1) A Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat may, at any time, by resolution, decide to prepare or adopt a Master Plan for the Local Planning Area or part thereof. (2) The Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat shall, in consultation with the Department of Town and Country Planning of the Government and other Government Departments and agencies, within two years from the date of the decision taken by a resolution to prepare the Plan under sub-section (1), prepare or get prepared a draft Master Plan for the Local Planning Area or part thereof after reviewing such Plans, if any, prepared earlier and forward the Plan with Council resolution to the Government in such form as may be prescribed. (3) The Government, on receipt of the draft Master Plan as per sub-section (2) may, in consultation with the Board and/or the Chief Town Planner, accord approval, within a period of sixty days from the date of receipt of such Plan, for publication, by the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned. (4) The Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall, within sixty days from the date of receipt of approval for publication under sub-section (3), publish the draft Master Plan in the website; and a notice of publication, in the Official Gazette and in at least two newspapers having wide circulation in the Local Planning Area of which one must be in the regional language, 139 inviting objections and suggestions to be submitted within sixty days from the date of publication of the notice in the Gazette, specifying the place or places where a copy thereof shall be available for inspection by the public: Provided that the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall publish such a notice, even if the draft Plan is prepared or got prepared by the Chief Town Planner under clause (e) of section 11. (5) Immediately after a draft Master Plan is published under this Act, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall forward a copy of the published Master Plan to the District Planning Committee and Metropolitan Planning Committee, if any and the District Planning Committee or the Metropolitan Planning Committee may, as far as possible, within sixty days from the date of the receipt of such Plan furnish their remarks, if any, on the Plan, to Government. (6) Simultaneously with the publication of the notice under sub-section (4), the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall, appoint a special committee under section 32 of this Act, which shall process the objections and suggestions and hear all such persons who have made a request in writing for being so heard and submit its report in the prescribed format to the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, as far as possible within sixty days from the time limit prescribed for receiving objections and suggestions. (7) The Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall, as far as possible within sixty days from the date of receipt of the report of the special committee under sub-section (6), shall consider such objections or suggestions and the report of the special committee on such objections or suggestions and may modify the Plan as may be considered necessary and submit the Master Plan as passed or adopted by the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, together with the objections and suggestions in original, the report of the special committee and the recommendations thereon under this sub-section to the Government for sanction. 140 (8) The Government may, as far as possible within a period of sixty days from the date of receipt of the Master Plan as per sub- section (7), after considering the objections and suggestions, if any, the recommendations of the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned thereon, the remarks, if any, received from the District Planning Committee and the Metropolitan Planning Committee on the draft plan and after ensuring compliance with the provisions of the Perspective Plans and any other Plans prepared under this Act, accord sanction to the Plan with or without modifications and publish a notice in the Official Gazette intimating the fact of sanction of the Master Plan: Provided that the Government may obtain technical remarks of the Chief Town Planner to ensure compliance with the Plans under this Act and priorities and objectives set by the Government and Government of India and also on any other aspects pertaining to the Master Plan: Provided further that if the Master Plan is returned for incorporating modifications, if any, suggested by the Government, the modified Plan shall be resubmitted within ninety days to the Government for sanction as if the Plan is submitted afresh under this Act: Provided also that if the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned fails to resubmit the Plan within the time limit specified in the foregoing proviso, the Government may, in relation to the Plan, pass such orders as they may deem fit. (9) When a Plan returned for modifications is modified by the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned, the Plan so modified shall, before resubmission to the Government for sanction, be published and passed by the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat in the same manner as a draft Plan in cases in which the modification involves the inclusion or exclusion from the local planning area or part thereof any land or the acquisition of any land not originally proposed to be acquired. 141 (10) As soon as may be, after the Master Plan has been sanctioned by the Government, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall forward a copy thereof to the District Planning Committee and Metropolitan Planning Committee, if any and shall publish a notice regarding the sanction of the Master Plan by the Government in at least one local newspaper, also stating the place or places where a copy thereof shall be available for reference or for sale. The Master Plan as sanctioned by the Government or its extracts shall also be published in the website of the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned. (11) The Government shall have power to extend the time limit prescribed in sub-sections (3) to (8) above up to a period not exceeding six months based on the recommendation of the Chief Town Planner. (12) The provisions specified under section 63 shall continue to be in operation until the Master Plan is sanctioned, even if the time limit prescribed under sub-sections (2) to (8) are not complied with: Provided that in cases where a sanctioned Master Plan already exists, its provisions shall only apply until the published Master Plan is sanctioned in accordance with this Act. 37. Procedure for preparation and sanctioning of Execution Plan.—(1) A Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat shall, taking into account the Master Plan for the local planning area or part thereof shall prepare Execution Plan for the first five years along with the preparation of the Master Plan but not later than four months thereafter from the date of sanction of the Master Plan for the local planning area or part thereof by the Government under sub- section (8) of section 36 and shall forward to the District Planning Committee or the Metropolitan Planning Committee, as the case may be, for sanction: Provided that the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall prepare the Execution Plan, even if the draft Master Plan is prepared or got prepared by the Chief Town Planner under clause (e) of section 11. 142 (2) The District Planning Committee or the Metropolitan Planning Committee, may, in consultation with the Department of Town and Country Planning of the Government, within thirty days of the date of receipt of the Execution Plan forwarded to it under sub-section (1), and after ensuring that the Execution Plan is in conformity with the Master Plan 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 is returned for incorporating modifications, if any, suggested by the District Planning Committee or the Metropolitan Planning Committee, the modified plan shall be resubmitted within thirty days and the District Planning Committee or the Metropolitan Planning Committee 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 local planning area or part thereof has been sanctioned by the District Planning Committee or the Metropolitan Planning Committee, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat shall publish the same in the website of the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned. (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 Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat 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. (5) The District Planning Committee or the Metropolitan Planning Committee, as the case may be, shall have power to extend the time limit prescribed in sub-sections (2) and (4) above up to a period not exceeding four months, only once, based on the recommendation of the District Town Planner. 143 38. Master Plans that are published but not sanctioned within the time limit prescribed.—Notwithstanding anything contained in this Act, in respect of any area for which a planned development is necessary and the published Plan is not sanctioned within the time limit prescribed, the Government may, after making such enquiry if it may deem necessary, in consultation with the Chief Town Planner and the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned require the Master Plan to be processed and sanctioned as provided for in this Act. 39. Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat to necessarily make Master Plans in certain cases.— Notwithstanding anything contained in this Act, in respect of any area for which a planned development is necessary but not initiated by the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, as the case may be, Government may, after making such enquiry as may be deemed necessary, by a notification in the Official Gazette, require the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat to prepare, publish and submit for sanction the Master Plan as provided under this Act and the notification so issued shall be deemed to be a decision taken by a resolution to prepare the plan under sub-section (1) of section 36 and the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat shall proceed in accordance with this Act. CHAPTER VI JOINT PLANNING COMMITTEE AND PLANS FOR JOINT PLANNING AREA 40. Joint Planning Area.—The Government may, in consultation with the Board or the Chief Town Planner, by notification in the Official Gazette, declare an area to be a Joint Planning Area consisting of the area of more than one Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, either in full or in part, for the purpose of effective planning of the area in which they are jointly interested or for which they are jointly responsible. 144 41. Joint Planning Committee and Master Plan for the Joint Planning Area.—(1) Subject to such rules as may be prescribed the Government may make in this behalf, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat declared to be part of a Joint Planning Area under section 40, shall constitute a Joint Planning Committee with the district officer of the Department of Town and Country Planning having jurisdiction over the area as Member Secretary: Provided that two third of the members of the Joint Planning Committee shall be elected members of the Municipalities and the Village Panchayats in the Joint Planning Area. (2) Government may, by notification in the Gazette, constitute a Joint Planning Committee for any Joint Planning Area declared so under section 40. (3) The procedure to be followed in the meetings of the committee including the quorum for such meeting shall be governed by such rules, regulations or orders, as may be prescribed. 42. Powers and functions of Joint Planning Committee.—The functions of a Joint Planning Committee shall be the following:— (i) prepare or get prepared a Master Plan for the Joint Planning Area, in tune with the contents of Plans, if any, under this Act. The Joint Planning Committee shall, for the purposes of Plan preparation, publication and sanction, follow the procedure which a Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat has to follow in respect of a Local Planning Area under Chapter V of this Act; (ii) set up special function agencies, if required, and guide, direct and assist them on matters pertaining to their respective functions; and (iii) perform such other functions as are supplemental, incidental or consequential to items (i) and (ii) above or as may be directed by the Government, the District Planning Committee or the Metropolitan Planning Committee, as the case may be, from time to time. 145 43. Functions of the constituent units of the Joint Planning Committee.—The Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned of the Joint Planning Committee shall,— (a) prepare Execution Plan for their respective local planning areas taking into account the Master Plan for the Joint Planning Area; (b) implement proposals contained in the Master Plan for the Joint Planning Area under this Act; (c) promote, regulate and control the developmental activities in their respective local planning areas in accordance with the Master Plan for the Joint Planning Area; (d) perform any other functions as directed by the Government, the District Planning Committee, or the Metropolitan Planning Committee, as the case may be, from time to time. CHAPTER VII DETAILED TOWN PLANNING SCHEMES 44. Power of the Municipal Corporations, Municipal Councils, etc. to take up Detailed Town Planning Schemes.—Subject to the provisions of this Act, and the rules made thereunder, a Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat may undertake development of an area, including regulation of activities in that area, under its jurisdiction, by framing and implementing Detailed Town Planning Schemes, within the frame work of Master Plan, if any, under this Act. 45. Matters that may be dealt within a Detailed Town Planning Scheme.—(1) A Detailed Town Planning Scheme may contain detailed proposals, including but not limited to the following matters, namely:— (a) establishment of new development centres; (b) establishment of commercial centres, including specialised markets, wholesale and retail trade centres; 33/1049/2016/S-2. 146 (c) establishment of tourist centres and tourism related infrastructure; (d) establishment of industries, industrial estates, factories, service industries etc.; (e) development and landscaping of open spaces, recreational grounds, parks, zoological and botanical gardens and social forestry; (f) conservation of ecologically sensitive areas; (g) protection of environmentally sensitive areas; (h) conservation of heritage sites and buildings, objects of historical importance or natural beauty and of buildings actually used for religious purposes; (i) proposals for natural hazard prone areas; (j) control of air and water pollution; (k) housing schemes for different income groups including housing for economically weaker sections of the society, infirmaries, destitutes, women and children in distress, disabled, physically challenged, senior citizens etc.; (l) redevelopment and renewal of blighted areas; (m) resettlement, rehabilitation and upgradation of slum areas; (n) provision of health care, religious, cultural and educational facilities; (o) provision of water supply and electricity; (p) provision of sanitary arrangements including construction of drains and public conveniences etc., disposal of sewage, solid waste; (q) construction, reconstruction, alteration, improvement and maintenance of public roads and streets, bridges, pedestrian facilities, safe path for the cycle-riding, parking facilities, transport terminals including bus depots, bus bays, bus stops, street lighting and avenue plantation, improvement of road junctions; (r) provision of public transportation including mass transportation; 147 (s) provision of communication facilities; (t) informal sectors; (u) provision of burial and cremation grounds, and slaughter houses; (v) demolition of buildings or portions of building causing obstructs development and developmental activities, closure or demolition of dwellings and portions of dwellings unfit for human habitation; (w)acquisition of land by purchase, lease or otherwise and erection thereon of such buildings or carrying out such operations as may be necessary for the purposes of its functions; and (x) such other matters not inconsistent with the objects of this Act, as may be considered necessary. (2) Every Detailed Town Planning Scheme shall contain details, as far as may be applicable, in respect of,— (a) land assembly over which the Detailed Town Planning Scheme is to be implemented; (b) layout plan and other relevant drawings and details including, if necessary, the imposition of conditions and restrictions in regard to the open space to be maintained about buildings, the number, and character of buildings allowed in specified areas, the purposes for which buildings or specified areas may or may not be appropriated, the subdivision of plots, the discontinuance of objectionable uses of land in any area in reasonable periods, floor area ratio, coverage, height, parking space, the size of projections and advertisement signs and hoardings; (c) total estimated cost, source of funding, cost recovery statement, if any; (d) manner of disposal of assets, if any; (e) management and maintenance mechanism; and (f) any other matters as may be considered necessary for ensuring planned development. 148 46. Procedure for preparation, publication and sanctioning of Detailed Town Planning Scheme.—(1) A Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat may, at any time, by resolution, decide to prepare or adopt a Detailed Town Planning Scheme and shall notify the intention of the same, in the Official Gazette and in at least one newspaper having wide circulation in the prescribed manner and such notification shall state the boundaries of the planning area and the purpose for which such Plan is intended to be prepared. (2) Every Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat shall, in consultation with the Department of Town and Country Planning of the Government having jurisdiction over the area and other Government Departments and agencies, prepare or get prepared a draft Detailed Town Planning Scheme for the planning area within two years from the date of notification in the Official Gazette of the intention to prepare the Plan under sub-section (1), after reviewing Plans, if any, prepared earlier, duly approve such plan through resolution of the Council, and publish the draft Detailed Town Planning Scheme in the website and the notice of publication in the Official Gazette and in at least two newspapers having wide circulation in the local planning area, of which one must be in the regional language, specifying the place or places where a copy of the same is available for inspection and also inviting objections and suggestions to be submitted within sixty days from the date of publication of the notice in the Official Gazette. (3) Immediately after a Detailed Town Planning Scheme is published under this Act, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall forward a copy of the published Detailed Town Planning Scheme to the District Planning Committee and Metropolitan Planning Committee, if any, and the District Planning Committee or the Metropolitan Planning Committee may, as far as possible, within sixty days from the date of the receipt of such Detailed Town Planning Scheme furnish their remarks, if any, on such Detailed Town Planning Scheme to Government. (4) After the expiry of the period allowed under sub-section (2) for filing objections and suggestions, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall consider all the objections and suggestions received and shall after allowing a 149 reasonable opportunity of being heard, to any person who has made a request for being so heard, make such modifications in the Detailed Town Planning Scheme as it considers proper, as far as possible, within a period of sixty days from the time limit prescribed for receiving objections and suggestions under sub-section (2) and shall submit the Detailed Town Planning Scheme with or without modifications, together with all objections and suggestions in original, for sanction of the Government. (5) The Government may, as far as possible, within sixty days from the date of the receipt of such Detailed Town Planning Scheme after considering remarks, if any, received from the District Planning Committee and the Metropolitan Planning Committee and in consultation with the Chief Town Planner, either accord sanction with or without modifications or refuse such sanction specifying reasons thereof: Provided that if the Detailed Town Planning Scheme is returned for incorporating modifications, if any, suggested by the Government, the modified Detailed Town Planning Scheme shall be resubmitted within ninety days for sanction as if the same is submitted afresh under this Act. (6) Immediately after a Detailed Town Planning Scheme is sanctioned by the Government under this Act, the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall notify the fact of sanctioning of the Detailed Town Planning Scheme in the Gazette and publish a notice in at least one local newspaper having wide circulation mentioning the place or places where a copy of the same shall be available to the public for reference or for sale. The sanctioned Detailed Town Planning Scheme shall also be published in the website of the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned. The Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned shall also forward a copy of the sanctioned Detailed Town Planning Scheme to the District Planning Committee and Metropolitan Planning Committee. (7) The provisions specified under section 63 shall continue to be in operation until sanction has been accorded for the Detailed Town Planning Scheme, even if the time limit specified under sub-sections (2) to (5) are not complied with: 150 Provided that in cases where a sanctioned Master Plan or Detailed Town Planning Scheme already exists in the area, its provisions shall only apply until the published Detailed Town Planning Scheme is sanctioned in accordance with this Act. 47. Power to engage consultants and to set-up special function agencies.—A Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, with the prior approval of the Government, may set-up special function agencies for the performance of such specific functions, in accordance with and not inconsistent with the objects of this Act, in such cases where it considers appropriate that it would be in public interest and would effect economy and efficiency in the performance of the functions assigned to it. 48. Detailed Town Planning Schemes that are published but not sanctioned within the time limit prescribed.—Notwithstanding anything contained in this Act, in respect of any area for which planned development is necessary and the published Detailed Town Planning Scheme is not sanctioned within the time limit prescribed, the Government, may, after making such enquiry as they may deem necessary, require the Municipal Corporation, Municipal Council, Town Panchayat, Village Panchayat or Planning and Development Authority concerned to process and sanction the Detailed Town Planning Scheme as laid down in this Act. 49. Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat to necessarily make Detailed Town Planning Scheme in certain cases.—Notwithstanding anything contained in this Act, in respect of any area for which planned development is necessary but not initiated by the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned, the Government, may, after making such enquiry as may be deemed necessary, by a notification in the Official Gazette, require the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat to prepare or get prepared, publish and submit for sanction a Detailed Town Planning Scheme as provided under this Act and the notification so issued shall be deemed to be the notification of the intention to prepare the plan under sub-section (1) of section 46. 151 CHAPTER VIII REVIEW, REVISION, VARIATION AND REVOCATION OF PERSPECTIVE PLAN, MASTER PLAN AND DETAILED TOWN PLANNING SCHEME 50. Review, revision, variation and revocation of Plans prepared under the Act.—(1) Immediately after the expiry of ten years from the date of sanction of a Perspective Plan, Master Plan or Detailed Town Planning Scheme under this Act or at an earlier date with the concurrence of the Government, the State Town and Country Planning Commission, the District Planning Committee, Metropolitan Planning Committee, Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, as the case may be, shall review, revise or get revised such Plan incorporating such modifications as may be considered necessary and get it sanctioned in accordance with the provisions of this Act: Provided that a Master Plan or a Detailed Town Planning Scheme shall be revoked by a subsequent Master Plan or Detailed Town Planning Scheme, as the case may be; (2) The authority concerned may, after such review, vary a Plan in part and get such varied Plan sanctioned in accordance with the provisions of this Act. (3) Notwithstanding anything contained in this Act, Government may, if if deems necessary, at any time, by notification in the Gazette, vary a Plan sanctioned under this Act: Provided that before issuing such notification, Government shall publish a draft of such notification in the prescribed manner and shall circulate copy thereof to the authority concerned and shall consider any objection or suggestion which may be received on such draft from such authority or any person interested in the Plan and may make such modification as the Government consider proper. 152 CHAPTER IX DEVELOPMENT AUTHORITIES 51. Constitution of Development Authority.—(1) The Government may, in the interests of planned development in any area, inconsulation with the Commission and the Chief Town Planner, by notification in the Gazette, constitute with effect from such date and for such areas as may be specified in the notification, a Development Authority to exercise the powers and to perform the functions under section 56 of this Act. (2) The Development Authority shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable and shall by the said name sue and be sued. 52. Chairman of Development Authority.—The Government shall appoint the Chairman of the Development Authority on such terms and conditions of service as may be prescribed, who shall hold office during the pleasure of the Government, provided that the term of office of the Chairman shall not in any case exceed five years. 53. Composition of Development Authority.—The Development Authority shall consist of,— (a) the General Council; and (b) the Executive Committee. 54. The General Council.—(1) The General Council shall be constituted by the Government and shall consist of the following members, namely:— (a) the Chairman of the Development authority, ex-officio, who shall be the Chairman of the General Council; (b) not less than two persons nominated by the Government from among the members of the Local Self Government Institutions having jurisdiction in the area for which the Development Authority has been constituted; 153 (c) the members of the State Legislative Assembly representing any area within the jurisdiction of the Development Authority: Provided that if any member of the State Legislative Assembly representing any area within the jurisdiction of the Development Authority becomes a Minister, he may nominate a person from his constituency to represent him in the General Council. (d) The Secretary of the Municipal Corporation, if any, the Town Planner of the Town and Country Planning Department of the district concerned, the Executive Engineer (Roads and Bridges) of the Kerala State Public Works Department of the area concerned; (e) not more than eight other persons nominated by the Government in such manner as may be prescribed; (f) the Member Secretary of the Development Authority, nominated by the Government who shall be an officer not below the rank of a Senior Town Planner of the Department of Town and Country Planning. (2) The Government shall prescribe the strength of the General Council which shall not be less than fifteen or more than thirty (excluding the Chairman). (3) The members nominated under sub-section (1) shall hold office during the pleasure of the Government and their terms and conditions of service shall be such as may be prescribed: Provided that the term of office of a non-official member so nominated shall not in any case exceed three years: Provided further that a member nominated under clause (b) of sub-section (1) shall cease to be a member on his ceasing to be a member of the Local Self Government Institution in the area: Provided also that a member under clause (c) of sub-section (1) shall cease to be a member of the General Council on his ceasing to be a member of the State Legislative Assembly representing any area within the jurisdiction of the Development Authority. 33/1049/2016/S-2. 154 (4) The General Council shall be the policy making body for determining the lines on which the improvement and development of the area within the jurisdiction of the Development Authority shall proceed and shall have the power to review the actions of the Executive Committee in implementing the policies determined by the General Council. 55. The Executive Committee.—(1) The Executive Committee shall be constituted by the Government and shall consist of the following members, namely:— (a) the Chairman of the Development Authority, ex-officio, who shall be the Chairman of the Executive Committee; (b) not more than two persons, depending upon the strength of the General Council, nominated by the Government from among the members of the General Council nominated under clause (b) of sub-section (1) of section 54; (c) not more than four persons, depending upon the strength of the General Council, nominated by the Government from among the members of the General Council under clause (c) of sub-section (1) of section 54; (d) The Secretary of the Municipal Corporation, if any, the Town Planner of the Town and Country Planning Department of the district concerned, the Executive Engineer (Roads and Bridges) of the Kerala State Public Works Department of the area concerned; (e) not more than two persons, depending upon the strength of the General Council, nominated by the Government from among the members of the General Council under clause (e) of sub-section (1) of section 54; (f) the Member Secretary of the Development Authority, ex-officio. (2) The Government shall fix the strength of the Executive Committee which shall not be less than five and more than ten, excluding the Chairman. 155 (3) A member nominated to the Executive Committee shall hold office during the pleasure of the Government and their terms and conditions of service shall be such as may be prescribed: Provided that the term of office of a non-official member of the Executive Committee shall not in any case exceed three years: Provided further that a member of the Executive Committee shall cease to be such member on his ceasing to be a member of the General Council. (4) The executive powers of the Development Authority shall vest in the Executive Committee and the Committee shall be responsible for carrying out the powers and functions under section 56 and for giving effect to the policies laid down by the General Council for the improvement and development of the area within the jurisdiction of the Development Authority. 56. Powers and functions of Development Authority.—Subject to the provisions of the Kerala Municipality Act, 1994 (20 of 1994) and the Kerala Panchayat Raj Act, 1994 (13 of 1994), the powers and functions of a Development Authority shall include the following:— (i) preparation and implementation of land re-adjustment or land pooling or land banking schemes for the purpose of implementation of projects in the Development Authority area, in tune with the provisions of this Act; (ii) promoting planned development as envisaged in the Plans for the development authority area, through tools like Transfer of Development Rights, accommodation reservation etc.; (iii) set-up special functio