(1) With effect on and from the commencement of this Act, the Town Planning Act, 1108 ME (Act IV of 1108 ME), the Travancore Town and Country Planning Act, 1120 (Act XXI of 1120 ME), the Madras Town Planning Act, 1920 (Madras Act VII of 1920) and the Kerala Town and Country Planning Ordinance, 2016 (4 of 2016) shall stand repealed.
(2) Notwithstanding such repeal,—
(i) any draft General Town Planning Scheme for an area including Master Plan or Development Plan or a draft Detailed Town Planning Scheme published under the repealed Acts shall be deemed to be a draft Master Plan or a draft Detailed Town Planning Scheme, as the case may be, published under this Act;
(ii) any General Town Planning Scheme for an area including Master Plan or Development Plan or a Detailed Town Planning Scheme sanctioned under the repealed Acts shall be deemed to be a Master Plan or a Detailed Town Planning Scheme, as the case may be, sanctioned under this Act;
(iii) any appointment, rules, bye-laws, regulations or forms made, notifications, notice, order, scheme or direction issued, tax, fee, fine or other penalty imposed, license, permission or exemption granted or plans prepared under the repealed enactments and in force at such commencement, shall in so far as they are not inconsistent with the provisions of this Act, continue to be in force as if made, issued, imposed or granted, as the case may be, under the provisions of this Act, until superseded, amended or modified by any appointment, rules, bye-laws or regulations, notifications, notice, order, scheme, direction, tax, fee, fine or other penalty, license, permission or exemption made, issued, imposed, or granted or plans prepared, as the case may be, under this Act;
(iv) the Committees in office at the commencement of this Act appointed by the Government to exercise the powers and perform the functions under the repealed Acts shall continue as if it were Committees constituted under the said Acts, till corresponding Committees are constituted under this Act or they are dissolved by the Government, whichever occurs earlier;
1. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
2. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
3. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
4. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
5. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
(v) any tax, cess, fee, fine, surcharge or other amount due to the Government, the Development Authorities or the Local Self Government Institutions at such commencement shall, without prejudice to any action already taken under the repealed enactments, be recoverable under this Act in accordance with the provisions therein as if they were due under the provisions of this Act;
(vi) all contracts entered into and all instruments executed under the repealed Acts shall be deemed to have been entered into or executed under this Act;
(vii) in all suits and legal proceedings pending at such commencement in which the officers of the 1[Local Self Government Department (Planning)] are parties the corresponding officers under this Act shall be deemed to have been substituted;
(viii) the officers and employees in the service of the 2[Local Self Government Department (Planning)] in office at such commencement shall be deemed to have been transferred to the services of the corresponding department constituted under this Act;
(ix) any Development Authority constituted under the repealed enactments and in office at such commencement shall be deemed to be a Development Authority constituted under this Act. Such Development Authorities shall continue in office till such time as the Government may, by notification in the Official Gazette, constitute Development Authorities under this Act.
(3) Notwithstanding the repeal of the Kerala Town and Country Planning Ordinance, 2016 (4 of 2016) anything done or deemed to have been done or any action taken or deemed to have been taken under the said Ordinance shall be deemed to have been done or taken under this Act.
(4) Notwithstanding anything contained in this Act, no person alleged to have committed an offence, during the period from the 21st day of July, 2015 to the 17th day of September, 2015 is liable to be convicted under this Act.
1. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
2. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
ACT 9 OF 2016