THE KERALA TOWN AND COUNTRY PLANNING ORDINANCE, 2014

Transcription

1 THE KERALA TOWN AND COUNTRY PLANNING ORDINANCE, 2014 September 2014 S. Ajayakumar, Additional Chief Town Planner, Government of Kerala phone

2 PRESENT SCENARIO No unified legislation for the state till this ordinance Legislations prior to ordinance - Town Planning Act 1108 ME (Travancore Cochin area) - Madras Town Planning Act 1920 (Malabar area) - Town & Country Planning Act 1120 ME (Travancore area) 2

3 Milestones Acts and rules rd and 74 th Constitution amendment 1994 Kerala Municipality Act 1994 and Kerala Panchayat Raj Act 1994 with necessary provisions for DPC and MPC (Spatial Planning functions of DPC and MPC not detailed in these legislation Therefore the need for a new legislation containing the spirit of constitutional amendments (Plans and Planning at various levels)) 3

4 Milestones court judgements 2005 Sayeesh Kumar vs State of Kerala.. Declared that giving individual exemptions from the provisions of the Master plan and Detailed Town Planning schemes as against law 2011 Sri.V.Shivaprasad vs State of Kerala Observed, among others, that While examining the provisions of the Town Planning Act and the Municipality Act, 1994, the urgent necessity to bring in a comprehensive legislation for enabling the Municipalities to effectively bring in spatial planning schemes is evident. The glaring difference in the approach under the two enactments should get the attention of the Government and the Legislature 4

5 Milestones court judgements contd 2013 It is declared that the provisions of Town Planning Act, 1939 and Madras Town Planning Act, 1920 cannot survive in the light of Part IX-A of the Constitution and the Municipality Act, 1994 ; 2013 Hon ble Chief Justice of Kerala expressed a view on 30/07/2013 that if it is intended by the Government to publish the ordinance, it shall be done on or before 13/08/2013 ; 5

6 OBSERVATIONS OF COURT Town Planning Department is therefore having a greater say under the Town Planning Act and the Government will have to sanction the scheme under Section 12, publish it under subsection (5) of Section 12 and the variation or revocation of the scheme under Section 13 is to be done by the Government. This directly goes against the concept of local self government as envisaged under Part IX-A of the Constitution as well as under Sections 30(2) and 30(3) the Municipalities Act,

7 243ZF of 74th constitutional amendment. Continuance of existing laws and Municipalities.- Notwithstanding anything in this Part, any provision of any law relating to Municipalities in force in a State immediately before the commencement of the Constitution(Seventy-fourth Amendment) Act, 1992, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier: 7

8 Draft proposals were formulated in 2009 after studying the Model Bill prepared by the Town and Country Planning Organization (TCPO), Government of India; Legislation in other states such as Maharashtra, Gujarat, Andhra Pradesh, Tamil Nadu and Karnataka; Legislation in the UK; Existing legislations in the state; Constitution (73 rd and 74 th Amendment) Acts; Discussion with Town Planners etc. 8

9 TIME LINE CONT Draft proposals posted for public opinion in the web site of the Department. Extensive consultation with stakeholders viz., Chamber of Municipal Chairmen, Institute of Town Planners (ITPI) Kerala Chapter and Consultative Committee on Decentralization, former Planners of the Department and held individual consultations too Draft Bill submitted to Government by the Chief Town Planner on Meeting convened at Government level with officials from Department of Culture, Revenue and Finance on On Government communication to CTP to ensure compliance with the Judgment of the on ble High Court. 9

10 TIMELINE CONT On a revised draft bill prepared by the office of the Consultative Committee on Decentralization (CCD) was forwarded by Government to CTP for remarks. Even though, conceptually the two proposals were identical, the draft bill lacked technical clarity in certain aspects. Clarity on these were brought in by the CTP Meetings held with the Law Secretary, the Principal Secretary, LSGD and the representative of the Advocate General to further refine provisions in the Act. revised draft was submitted for consideration of Government on 26/7/

11 Time line of issue of ordinances Kerala Town and Country Planning Ordinance was promulgated on This was repromulgated on February 2014 A revised draft ordinance was repromulgated on

12 SALIENT FEATURES OF THE KERALA TOWN AND COUNTRY PLANNING ORDINANCE,

13 BASIC CONCEPT Town & Country Planning Commission as an apex body at State level DPC at the district level and MPC at metropolitan area level (already provided in the Kerala Municipality Act 1994) Local bodies (Municipal Corporation/ Municipal Council Village Panchayat) to be responsible for planning & implementation at local level 13

14 Plans envisaged in the Ordinance Town and Country Planning Commission DPC/ MPC State Perspective Plan Perspective plan for the District /Metro Area Execution Plan Municipality / Village Panchayat Master plan Detailed development plan Execution Plan ("execution plan" means a plan prepared for a period of five years for the district, metropolitan area or local planning area as the case may be, providing the goals, policies, strategies, priorities and programmes for socioeconomic and spatial development of the area for the period.) 14

15 Features of the Ordinance.. TOWN & COUNTRY PLANNING COMMISSION Chief Minister of the State Chairperson Minister in charge of Town and Country Planning Vice Chairperson Chief Secretary and 4 Secretaries to Government - Members Principal Secretary, LSGD Member Secretary; CTP Joint Secretary Representatives of KWA, KSEB, PWD (Roads), KSPCB, CCF Two MPs and Two MLAs. Two representatives of DPCs, MPCs Representatives of Chambers of Mayors & Chairmen and Assn of Presidents of Village Panchayats Three non official members One person with expertise & qualification in Town & Country Planning, two persons with practical knowledge or experience in transportation, economics or agriculture. 15

16 Features of the Ordinance.. TOWN & COUNTRY PLANNING COMMISSION AND THE STATE PERSPECTIVE PLAN Town & Country Planning Commission as an apex body. The Commission shall consist of Chairperson, Vice Chairperson and 29 other members appointed by Govt. Technical Secretariat of the Commission - The office of the Chief Town Planner Perspective Plan for the State - long term policies and strategies for spatio -economic development. - To be reviewed once in 10 years Other departments and agencies to consider the State Perspective Plan 16

17 Features of the Ordinance.. DISTRICT PLANNING COMMITTEE The Committee shall consist of fifteen members of whom- (a) twelve members shall be elected, in such manner as may be prescribed, by and from amongst the elected members of the Panchayats at the district level and of the Municipalities in the district in proportion to the ratio between the population of the rural areas and of the urban areas in the district: (b) the President of the District Panchayat in that district; (c) one shall be a person having considerable experience in administration and planning, nominated by the Government; (d) the District Collector concerned, ex-officio. 17

18 Features of the Ordinance.. DPC AND THE PERSPECTIVE PLAN FOR THE DISTRICT physical and natural resource potentials and their utilisation; population assignment and settlement pattern including rural as well as urban centres and their hierarchy and functional specialization; district level transportation system; generalized land utilisation pattern; housing and shelter development; conservation of environment, forests, ecologically sensitive areas and heritage zones; integrated infrastructure development covering water, energy, sanitation, education, health, recreation, communication and other utilities, facilities and services; 18

19 Features of the Ordinance.. DPC AND THE PERSPECTIVE PLAN FOR THE DISTRICT natural hazard prone areas; development of various sectors, namely:- agriculture and rural development; (ii) trade, commerce and industries; (iii) poverty alleviation and employment generation in both formal and informal sectors; (iv) human resources; (k) mobilization of fiscal resources for Plan implementation; (l) any other particulars and details as may be considered necessary for ensuring planned development of the State and as may be directed by the Government; integrated development vision of the district; and development strategies and policies for integrated development 19

20 Features of the Ordinance.. DPC AND THE EXECUTION PLAN FOR THE DISTRICT Execution plan shall be the implementation plan and shall inter alia deal with all or some of the following matters, namely: such matters contained in clauses (a) to (k) of section 15 as may be considered necessary; development issues; consolidation of plans of local self government institutions; strategies for the integrated development; sectoral development policies, strategies and proposals of sectors like agriculture, fisheries, animal husbandry, forest, industries, 20

21 Features of the Ordinance.. DPC AND THE EXECUTION PLAN FOR THE DISTRICT transportation, infrastructure, water, health, education, energy, tourism, social welfare etc.; identification of projects and programmes; phasing of district development plan into five annual plans by sectoral programmes, projects and schemes indicating physical targets and fiscal requirements; financial resource planning; and any other particulars and details as may be considered necessary by the District Planning Committee or as may be directed by the Government. 21

22 Features of the Ordinance.. METROPOLITAN PLANNING COMMITTEE The Metropolitan Planning Committee shall consist of fifteen members of whom.- (a) ten shall be elected, in such manner as may be prescribed, by and from amongst, the elected members of the Municipalities and the Presidents of the Village Panchayats in the Metropolitan area in proportion to the ratio between the population of the Municipalities and Village Panchayats in that area; (b) five shall be nominated by the Government of whom- (i) one shall be an officer of the rank of a Secretary to Government or an eminent person having experience in local administration or public administration; (ii) one shall be an officer not below the rank of Senior Town Planner of the Town Planning Department; (iii) one shall be an officer not below the rank of Superintending Engineer of the Public Works Department; (iv) one shall be an officer of any Government Department not below the rank of a Deputy Secretary to Government; and (v) one shall be the Collector of the district in which the metropolitan area is comprised. 22

23 Features of the Ordinance.. MPC AND THE PERSPECTIVE PLAN FOR THE METROPOLITAN AREA Perspective Plan similar to that of DPC 23

24 Features of the Ordinance.. MPC and the Execution plan for the Metropolitan area Execution Plan similar to that of the DPC. 24

25 Features of the Ordinance.. Municipal Corporation/ Municipal Council/ Village Panchayat to prepare Master Plans Master Plan is a comprehensive Plan within the frame work of Perspective Plans at State/ District/ Metropolitan Area LSGI to implement proposals in the Master Plans Master Plans to be Sanctioned by Government with the recommendation of DPC/ MPC All existing General Town Planning Schemes to be deemed as Master Plans Government Departments and other authorities to take into account the Master while drawing up projects Master Plans to be reviewed every 10 years 25

26 Features of the Ordinance.. EXECUTION PLANS FOR LOCAL PLANNING AREA (Municipality/village panchayats) The Execution Plan may include the following, namely:- development issues and consolidation of suggestions of grama sabha/ward sabha/ ward committee as the case may be; development strategies for integrated development; sectoral development policies, strategies and proposals of sectors like agriculture, fisheries, animal husbandry, forest, industries, transportation, infrastructure, water, drainage, sewerage, solid waste management, health, education, energy, tourism, social welfare, suggested phasing of the proposal etc; implementation mechanism which may include identification of sector-wise schemes and projects to be implemented by Central or State Government departments, the Local Self Government Institutions concerned, corporate bodies, co-operatives, private and joint sectors and or otherwise; fiscal requirements and resource mobilisation proposals; any other matter as may be considered necessary for carrying out the objects of this Ordinance; and monitoring and review mechanism. 26

27 Features of the Ordinance.. Joint Planning Committees and Master Plan for Joint Planning Area Joint Planning Area consisting of more than one local body either in full or in part. Joint Committees for joint planning areas to be constituted under KMA 94 or KPRA 94. Master Plans to be prepared for the Joint Planning Area Constituent LSGIs to implement proposals in a Master Plan for a Joint Planning Area 27

28 Features of the Ordinance.. Detailed Town Planning Schemes for Local Planning Area ( Municipality /Village Panchayats) Municipal Corporation/ Municipal Council/ Village Panchayat to prepare DTP Schemes Detailed proposals for development of areas LSGIs to implement proposals in the DTP Schemes DTP Schemes to be Sanctioned by DPC/ MPC All existing DTP Schemes to be deemed as DTP Schemes under the new Act Government Departments and other authorities to take into account the DTP Schems while drawing up projects DTP Schems to be reviewed every 10 years 28

29 Features of the Ordinance.. Legal provision for functioning of Development Authorities Legal provisions for Land pooling Schemes 29

30 OTHER FEATURES OF THE ACT Enabling provisions for Transfer of Development Right, Accommodation Reservation, Negotiated Settlement, Acquisition, Obligation to acquire in certain cases Plans to have effect from the date of Sanctioning Interim Development Order for controlling development before sanctioning of plans LSGIs to consider Plans for implementation of projects through annual plans and five year plans Levy of Development Charges 30

31 OTHER FEATURES OF THE ACT Art and Heritage Commission Office of CTP to be the Technical Secretariat of A& H Commission Planning and Development Fund for LSGIs Fund of the Commission, DPC and the MPC Power to make Rules and Regulations 31

32 State Perspective Plan State level District/ Metropolitan Perspective Plan District / Metropolitan Execution Plan Dist / Metro level Master Plan Execution Plan Detailed Town planning Scheme Local level 32

33 Five yr Plan of LSGs Annual Plan of LSGs Regulatory Component State Perspective Plan Planning System for the State Developmental Component Other Inputs State Five Year Plan State Perspective Plan District/ Metro Master Plan Execution Plan Execution Plan - LSG LSG DTP Scheme 33

34 Thank You S. Ajayakumar, Additional Chief Town Planner, Government of Kerala phone