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Section 38: Master Plans that are published but not sanctioned within the time limit prescribed

The Kerala Town and Country Planning Act 2016State Act of Kerala · Act 9 of 2016

3[(1)] 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.

1. Substituted by Act 33 of 2021 (w.e.f. 25.02.2021).

2. Omitted by Act 33 of 2021 (w.e.f. 25.02.2021).

3. Numbered by Act 33 of 2021 (w.e.f. 25.02.2021).

1[(2) In case the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned, fails to process and get the Plan sanctioned as required by Government as laid in sub-section (1), the Government may, by order, require the District Planning Committee to take action for obtaining sanction for the published Master Plan.

(3) The Government may require the District Planning Committee to constitute a subcommittee as may be deemed necessary to perform the function under sub-section (6) of section 36 of the Act. The Chairman of the sub-committee shall be one member nominated from the District Planning Committee and Convenor of the sub-committee shall be the District Officer of the Local Self Government Department (Planning). The sub-committee shall within sixty days of its constitution submit its report on the draft Plan to the District Planning Committee.

(4) The District Planning Committee shall, within thirty days of receipt of the report of the sub-committee under sub-section (3) above, modify the draft Master Plan as considered necessary and submit the modified Plan as passed by the District Planning Committee together with the objections and suggestions in original, the report of the subcommittee and the recommendations thereon to Government for sanction. The Government shall accord sanction to the Master Plan with or without modification and publish a notice in the Official Gazette intimating the fact of sanction of the Master Plan and the Local Self Government Institution concerned shall proceed in accordance with sub-section (10) of section 36 of this Act.

(5) In case the District Planning Committee fails to submit the draft Plan within three months from the date of order under sub-section (2), the Government in consultation with the Chief Town Planner and the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned, process and accord sanction to the Master Plan with or without modifications and publish a notice in the Official Gazette intimating the fact of sanction of the Master Plan and the Local Self Government Institution concerned shall proceed in accordance with sub-section (10) of section 36 of this Act.]

Where this provision sits

ActThe Kerala Town and Country Planning Act 2016
Section38
Marginal noteMaster Plans that are published but not sanctioned within the time limit prescribed
JurisdictionState of Kerala
StatusIn force as published by the source

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