Section 36 in Kerala Town and Country Planning Act, 2016
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 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 front 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.(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 subsection (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.(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.
