In this Act, unless the context otherwise requires,—
(a) “accommodation reservation” means a permission to the owner of the land, which is required for public amenities in any plan prepared under this Act, to use the potential of a plot in the form of built-up space guided by Floor Area Ratio, in addition to the area required for the amenities, in lieu of the cost of the land and the built-up space of such amenity, to be transferred to the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, as the case may be;
(b) “amenities” include roads, open spaces, parks, recreational grounds, play grounds, water supply, supply of cooking gas, power supply, street lighting, sewerage, drainage, public facilities and other utilities, services and conveniences;
* Received the assent of the Governor on the 17th day of March, 2016 and published in the Kerala Gazette Extraordinary No. 645 dated 17th March, 2016.
1[(ba) “Annual Plan” means socio-economic plan prepared by the State or Local Self Government Institutions for implementing schemes and projects within a fixed financial year, in accordance with development priorities of the State;]
(c) “building” means any structure, for whatsoever purpose and of whatsoever material constructed and every part thereof whether used for human habitation or not and includes foundations, plinth, walls, floors, roofs, chimneys, plumbing and building services, verandah, balcony, cornice or projections, part of building or anything affixed thereto or any wall enclosing or intended to enclose any land or space and signs and outdoor display structures;
(d) “building operation” includes,—
(i) erection or re-erection of a building or any part of it;
(ii) roofing or re-roofing of any part of a building or open space;
(iii) any material alteration or enlargement of any building; and
(iv) any such alteration of a building as is likely to affect its security or an alteration of its drainage or sanitary arrangements;
(e) “Chief Town Planner” means an officer with prescribed qualification in Town and Country Planning in the 2 [ Local Self Government Department (Planning)] appointed by the Government;
(f) “compulsory acquisition” means acquisition of land as earmarked for compulsory acquisition in the Plans under this Act;
(g) “Detailed Town Planning Scheme” means a comprehensive plan for a particular area within the local planning area, conceived within the framework of the Master Plan, if any, for the local planning area, providing detailed proposals for spatial development of such particular area indicating the manner in which the use of land and development therein shall be carried out;
3[(h) “development” means in a wider perspective, the social, economic and sustainable development of an area in total, and includes various aspects of development relating to land or space and shall specifically include sub division of any land, construction of the building, engineering, mining or other activities in, on, over or under the land, or making of any physical change in any building or land, or any change in the use of any building or land;]
4[(ha) “disaster” means a disaster as defined in the Disaster Management Act, 2005 (Central Act 53 of 2005);]
1. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021).
2. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
3. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
4. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021).
(i) “District Planning Committee” means the Committee constituted by the Government for a district under Section 53 of the Kerala Municipality Act, 1994 (20 of 1994), to prepare a draft development plan for the district as a whole and to exercise such other functions assigned to it by the Government;
1[(j) “Five Year Plan” means an economic plan prepared by the State or Local Self Governments to achieve the goals and objectives like growth, development, employment, self-reliance, and social justice for a period of five years or for a period as decided by the Government from, time to time;]
(k) “floor area ratio” means the quotient obtained by dividing the total floor area on all floors by the area of the plot;
(l) “Government” means the Government of Kerala;
(m) “industry” means an industry as defined in the Industrial Disputes Act, 1947 (Central Act 14 of 1947);
(n) “joint planning area” means an area declared to be a Joint Planning Area under Section 40 of this Ordinance;
2[(na) “land” includes benefits arising out of land, and things attached to the earth or permanently fastened to anything attached to the earth and shall also include, but not limited to, water bodies, forest, mangroves, wetland and the like;]
(o) “land pooling” means assembling of small land parcels into a large land parcel providing it with infrastructure in a planned manner and returning the re-constituted land to the owners, after deducting the cost of the provision of infrastructure and public spaces by the sale of some land or otherwise where infrastructure is provided;
(p) “local planning area” means the area under the jurisdiction of a Municipal Corporation, a Municipal Council or a Town Panchayat constituted under Section 4 of the Kerala Municipality Act, 1994 (20 of 1994), or of a Village Panchayat constituted under Section 4 of the Kerala Panchayat Raj Act, 1994 (13 of 1994);
(q) “Local Self Government Institution” means a Panchayat constituted under Section 4 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) or a Municipality constituted under Section 4 of the Kerala Municipality Act, 1994 (20 of 1994);
(r) “master plan” means a comprehensive plan for a local planning area covering the whole area or part thereof or a joint planning area, as the case may be, conceived within the framework of the 3[spatial perspective plan], if any, providing long-term policies, programmes and detailed proposals for spatial development of such area indicating the manner in which the use of land and development therein shall be carried out 4[and the said plan shall be in force for a period of fifteen years;]
1. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
2. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021).
3. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
4. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021).
(s) “metropolitan area” means an area notified by the Governor under clause (c) of Article 243P of the Constitution of India to be a Metropolitan Area;
(t) “Metropolitan Planning Committee” means the Committee constituted by the Government for a Metropolitan area, under Section 54 of the Kerala Municipality Act, 1994, to prepare a draft development plan for the Metropolitan area as a whole, and to exercise such other functions assigned to it by the Government;
1[(ta) “mitigation” means mitigation as defined in the Disaster Management Act, 2005 (Central Act 53 of 2005) in force in the State;]
(u) “natural hazard prone area” means an area likely to have moderate to very high damage risk of earthquakes or cyclones, significant flood flow or inundation, land slide potential or proneness, sea erosion, wild fire or one or more of similar hazards;
(v) “occupier” includes,—
(i) any person who, for the time being, is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building;
(ii) any owner in occupation of, or otherwise using his land or building;
(iii) a tenant of any land or building who does not pay any rent;
(iv) a licensee in occupation of any land or building; and
(v) any person who is liable to pay to the owner, charges for the use and occupation of any land or building;
(w) “operational construction” means any construction whether temporary or permanent, which is necessary for the operation, maintenance, development or execution of any of the following services, namely:—
(i) railways;
(ii) national highways;
(iii) State highways;
(iv) national waterways;
(v) major ports;
(vi) airports and aerodromes;
(vii) posts, telephones, wireless, broadcasting and other like forms of communication;
(viii) regional grid for electricity;
1. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021).
(ix) roads, bridges and street furniture by Central and State Government; and
(x) any other service which the Government may, if it is of the opinion that the operation, maintenance, development or execution of such service is essential to the life of the community, by notification, declare to be a service for the purposes of this Act, but shall not include the construction of a building, structure, installation or any extension thereof, as the case may be, used for residential, commercial, public and semi-public, industrial and warehousing purposes;
(x) “owner” includes a person who for the time being is receiving or entitled to receive, or has received, the rent or premium for any land whether on his own account or on account of, or on behalf of, or for the benefit of any other person or as an agent, trustee, guardian or receiver for any other person or for any religious or charitable institution, or who would so receive the rent or premium or be entitled to receive the rent or premium if the land was let to a tenant;
1[(xa) “Perspective Plan” means, for the purpose of this Act, a long term plan approximately for a period of twenty years providing the goals, policies and strategies for the economic and spatial development of the State, District or a Metropolitan area, as the case may be;]
(y) “2[spatial perspective plan]” means a long-term plan approximately for a period of twenty years providing goals, policies, strategies and general programmes for spatial development of the State, District or a Metropolitan area, as the case may be;
(z) “plan” means a comprehensive document providing long-term policies, programmes or detailed proposals for spatial development of a particular area, indicating the manner in which the use of the land and development therein shall be carried out, which shall also contain maps and reports to support, as may be prescribed and includes a 3 [ spatial perspective plan] for the State, a 4[spatial perspective plan] for a District, a 5[spatial perspective plan] for a Metropolitan Area, a Master Plan for a local planning area or part thereof, a master plan for a joint planning area 6[, spatial plan for special area] and a Detailed Town Planning Scheme for any particular area within the local planning area, prepared under this Act unless otherwise specified in this Act;
(aa) “prescribed” means prescribed by rules made under this Act;
7[(aaa) “priority action plan” means an action plan prepared within the framework of a plan prepared in accordance with this Act for a district, metropolitan area, local planning area, or a special area, as the case may be, indicating priorities and programmes for the spatial development of said area, and it shall form part of the respective plan;
1. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021).
2. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
3. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
4. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
5. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
6. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021).
7. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021).
(aab) “published plan” means a plan published, in accordance with the provisions of this Act and rules made thereunder, inviting objections and suggestions to be received within the prescribed time limit;]
(ab) “residence” means the use for human habitation of any building and appurtenant land or part thereof and includes gardens, grounds, garages, stables and out houses, if any, appertaining to such building;
1[(aba) “sanctioned plan” means a plan published in accordance with the provisions of this Act and rules made thereunder, and sanctioned after incorporating suitable modifications, taking into consideration of the objections and suggestions if any;]
(ac) “spatial planning” means a scientific discipline adopted for town and country planning, with a comprehensive approach, for the physical organisation of space according to an overall strategy, directed towards promoting sustainable and inclusive development of urban and rural areas providing geographical expression to developmental, economic, social, cultural, environmental and ecological policies of society;
2[(aca) “Special Area” means an area, identified by the State or a Municipal Corporation or a Municipal Council constituted under section 4 of the Kerala Municipality Act, 1994 (20 of 1994) or a Town Panchayat or a Village Panchayat constituted under section 4 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) which needs immediate planning in the backdrop of disaster, environmental vulnerability, heritage conservation, urgent infrastructure development as directed by Government and such special area shall come under the jurisdiction of one or more Local Self Government Institutions;
(acb) “Spatial plan for a Special Area” means a plan prepared for a Special Area providing the policies, programmes and detailed proposals for spatial development of such area, and indicating the manner in which the use of land and developments therein shall be carried out;
(acc) “State Development Council” means the State Development Council constituted under section 55 of the Kerala Municipality Act, 1994 (20 of 1994);
(acd) “State Planning Board” means the advisory board constituted under the Government, to enable the Government to formulate development plans based on scientific assessment of the resources of the State and growth priorities, and to facilitate planning and implementation of development schemes or projects in the State, as the case may be.]
(ad) “transferable development right” means a development right to transfer the potential of a plot designated for a public purpose in a plan under this Act, expressed in terms of total permissible built-up space calculated on the basis of floor area ratio allowable for that plot, for utilisation by the owner himself or by way of transfer by him to someone else from the present location to a specified area in the plan as additional built-up space over and above the permissible limit in lieu of compensation for the surrender of the concerned plot free from
1. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021).
2. Inserted by Act 33 of 2021 (w.e.f. 25.02.2021).
all encumbrances to the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, as the case may be.
CHAPTER II 1[STATE TOWN AND COUNTRY PLANNING COMMITTEE AND THE SPATIAL PERSPECTIVE PLAN FOR THE STATE] 2[3. Constitution of the State Town and Country Planning Committee.—(1) As soon as may be, after the commencement of this Act, the Government may, by notification in the Gazette, constitute and appoint the State Town and Country Planning Committee for the purpose of carrying out the functions assigned to it under this Act.
(2) The State Town and Country Planning Committee shall consist of a Chairperson, a Vice-Chairperson and other eighteen members as specified in sub-section (4).
(3) The Minister for Local Self Government Department, in the State, shall be the Chairperson of the State Town and Country Planning Committee, and the Vice-Chairperson of the State Planning Board shall be the Vice-Chairperson of the said Committee.
(4) The other members of the State Town and Country Planning Committee shall be the following, namely:—
(a) the Principal Secretary to Government, Local Self Government Department;
(b) the Secretaries of the Departments of Revenue, Finance, Agriculture, Planning and Economic Affairs, Environment, Public Works, Transport, Forest and Wildlife, Power and Water Resources;
(c) the Member of the State Planning Board in charge of Decentralised Planning;
(d) the Chief Town Planner;
(e) the Land Revenue Commissioner;
(f) the Chairperson, Kerala State Pollution Control Board; and
(g) three non-official members, as nominated by the Government, of whom one person shall be an expert qualified in Town and Country Planning and the other two persons shall, in the opinion of the Government, possess special knowledge or practical experience in matters relating to transportation, agriculture, economics or environment.
(5) The Principal Secretary to Government, Local Self Government Department in the State shall be the ex-officio Member Secretary of the State Town and Country Planning Committee and the Chief Town Planner shall be its Joint Secretary.
1. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
2. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).
(6) The following persons may be invited to the meetings of the State Town and Country Planning Committee as special invitees, as and when their presence is required at those meetings, namely:—
(a) representatives of the Ministries of the Central Government, in-charge of Railways, Civil Aviation, Shipping, Defence, Transport and Communications, Environment and Forest, Urban Development, Rural Development, etc.;
(b) Secretaries to Government Departments other than those mentioned in clause
(b) of sub-section (4);
(c) the Chairperson of the Kerala Regional Chapter Institute of Town Planners, India;
(d) the Chairpersons of the District Planning Committee, the Metropolitan Planning Committee, Local Self Government Institution and the Development Authority concerned; and
(e) any other experts, officials, representatives of organizations and the like, with whom the State Town and Country Planning Committee desires to consult.]