THE TRAVANCORE TOWN AND COUNTRY PLANNING ACT 1120 ME
(6) "Road "includes a drift-way, a foot-way and a path-way.
(7) "Scheme" means a scheme under this Act, and save as otherwise expressly provided in this Act, includes a supplementary scheme and a scheme varying or revoking an existing scheme.
(8) "Existing building" and Existing work" mean respectively a building or work erected, constructed, or carried out before the date of the scheme order and include also a building or work:-
(i) erected, constructed or carried out in pursuance of a contract made before the date of the scheme order or
(ii) begun before, but completed after that date.
(9) "Responsible authority" means the authority of person who is specified in a scheme as responsible for carrying out or enforcing the observance of all or any of the provisions of the scheme or for enforcing the execution of any works which under the scheme are to be executed by any authority, owner or other person.
(10) "Existing use" means in relation to any building or land a use of that building or land for any purpose of the same or a similar character to that for which ut was last used before the date of the scheme or in the case of a newly erected building which has not been used before that date, a use for any purpose for which it was designed and includes in any case any use of a building or land permitted by or under an interim development order made under this Act.
(11) "prescribed" means prescribed by rules made under this Act.
CHAPTER - 2
SCOPE OF PLANNING SCHEMES
3.Out Government may, by notification in our Govt. Gazette, declare any area in any part of Travancore to be a controlled area for the purposes of this Act.
4.A scheme may be promulgated by our Govt. under this respect to any controlled area which whether there are or are not buildings thereon, with the general of the land comprised in the area. To which the scheme applies ,of securing proper sanitary conditions, amenity and convenience, of protecting public health, of preventing undue congestion or conditions likely in the opinion of our Govt. to be deles terious to public health or likely to spread infectious diseases or epidemics and of preserving existing buildings or other objects of architectural historic or artistic interest and places of natural interest or beauty and generally of protecting existing amenities whether in urban or rural portions of the area.
5.Every scheme shall define the area to which it applies and specify in accordance with the provisions of section 7 the authority of authorities who are to be responsible for enforcing and carrying into effect the provisions of the scheme, and
(a). shall contain such provisions as are necessary or expedient for prohibiting or regulating the development of land in the area to which the scheme applies and generally for carrying out any of the objects for which the scheme is made an in particular for dealing with any of the matters mentioned in the Schedule to this Act, and
(b) where it is expedient in order to promote proper planning or development may provide for suspending the operation of any provision whether contained in a statue or in an order, bye-law or rule under whatever authority made in so far as that provision is similar to or inconsistent with any of the provisions of the scheme.
6. Notwithstanding anything contained in any other statute, order bye-law or rule, the erection, or re-erection of any building, any excavation of the opening of any road in respect of any area including in any such scheme shall only be undertaken or carried out in accordance with rules to be prescribed by our Govt.
7.(1) The provisions to be inserted in a scheme with respect to buildings and building operations may include provisions:
(a) prescribing the space about buildings;
(b) prohibiting the erection or re-erection of any building or the construction of any road, or the making of any excavation;
(c) limiting the number of buildings;
(d) regulating or enabling the responsible authority to regulate the size, height, design and external appearance of buildings;
(e) imposing restrictions upon the manner in which building may be used including in the case of dwelling houses, the letting thereof in separate tenements or to particular persons or classes of persons; and
(f) prohibiting building operations or regulating such operations in respect of matters other than those specified in this sub-section.
(2) The provisions to be inserted as aforesaid may-
(a) differ as respects different parts of the area to which the scheme applies; and
(b) be made applicable either with or without modifications to existing buildings as well as to buildings which are not existing buildings; and
(c) be imposed as permanent provisions or as provisions operating only pending the coming into operations or any general development order to be made.
(3) No provision contained in a scheme with respect of buildings shall apply in relation to any building or the erection of any building which is or is to be occupied together with land which is used mainly or exclusively for agriculture or for the purposes of a plantation or for the growth of saleable under wood.
8. A scheme may specify an officer of our Govt. as the responsible authority for all purposes of the scheme or two or more such officers as the responsible authorities for different purpose of the scheme or as respects different parts of the area to which the scheme applies.
9.(i) Subject to the provisions of this section, the responsible authority may at any time;
Power to enforce and carry into effect scheme.
(a) remove , pull down, or alter so as to bring into conformity with the provisions of the scheme any existing building or other existing work which does not conform to those provisions ,or the demolition or alteration of which is necessary for carrying the scheme into effect; or
(b) remove, pull down or alter so as to bring into conformity with the provisions of the scheme any building or other work not being an existing building or an existing work which does not conform to those provisions or in the erection or carrying out of which any provision of the scheme has not been compiled with; or
(c) remove, pull down or alter any building erected or re-erected in contravention of any prohibition contained in the scheme or the rules; or
(d) where any building or land is being used in such a manner as to contravene any provision of the scheme, prohibit it from being so sued, or
(e) where any land has since the date of the scheme been put to any use which contravenes any provision of the scheme, and is not an existing use; re-instate the land or
(f) execute any work which it is the duty of any person to execute under the scheme in any case where delay in the execution of the work has occurred and the efficient operation of the scheme has been or will be thereby prejudiced
(2) Before taking any action under this section the responsible authority shall server a notice in the prescribed manner on the owner and on the occupier of the building or land in respect of which the action, is proposed to be taken and on any other person who in his opinion may be affected thereby specifying the nature of land the grounds upon which he proposes to taken that action.
(3) Except where the responsible authority removes, pulls down or alters a building or work which is an existing by the responsible authority under sub-section(1) of this section may be recovered as arrears of land revenue from the person in default.
10.(1) Any person aggrieved by an order of the responsible (Appeal and) authority under section 9 may within thirty revision days from the date of such order prefer an against (order) appeal to our Government.
Under Section 9
(2) The order of our Government an appeal shall be final.
(3) Our Government shall have the power to revise on their own motion or on the application of any person, any decision or order passed by the responsible authority under this Act after giving notice if necessary to the party who may be affected by such revision and giving him an opportunity to be heard.
11. Any person who erects or re-erects, a building or constructs any road or makes any excavation or punishment who uses any building or land in contravention of the provisions of any scheme or order or the rules made under section 6 or in any manner prohibited under section 9 shall be punishable with fine which may extend to two hundred rupees and in the case of a continuing contravention with a further fine which may extend to twenty rupees for every day after the date of the first conviction during which he is proved to have persisted in the contravention.
12. Variation and Revocation of schemes -A scheme may be varied by our Government, otherwise than by way of extension of the area to which the scheme applies or may be revoked or supplemented by a subsequent scheme prepared in accordance with this Act and any rules made there under.
13. (1) Interim Development Orders - Our Government may by notification in our Govt. Gazette make a general order with respect to the Interim Development of land within any controlled notified for the introduction of a scheme under this act and may make special order with respect to the Interim Development of any such land in any particular area.
For the purposes of this section the expression "Interim Development" means development between the date of the publication of the general order under the section and the date of the coming into operation of the scheme.
(2) An order made under sub-section (1) of this section may itself prohibit the erection or re-erection of any building or permit the development of land either unconditionally or subject to any condition specified in the order or may empower any officer mentioned in the order to permit the development of land in accordance with the terms of the order.
(3) An order made under sub-section (1) of this section may empower any officer mentioned in the order, with the sanction of our government, to suspend the operation of any provisions contained in any statute and of any orders, bye-laws, or rules under whatever authority made, where it is expedient in order to promote the development permitted by or under the order.
LSA-8363/53/EHLSG. 5th December, 1953
In exercise of the powers conferred by section 17 of the Travancore Town and Country Planning Act,1120(XXI of 1120), the Government of Travancore-Cochin are pleased to make the following general rules:-
1. These rules may be called the Travancore Town and country Planning Rules, 1953.
2. In these rules, unless there is anything repugnant in the subject or context.
3. "Act" means the Travancore Town and Country Planning Act,1120/
(ii) "Controlled area" measn the area which may be declared as controlled under section 3 of the Act for the purpose of the Act.
(iv) "Scheme" means a scheme under section 4 of the Act.
3. The Government may appoint a Development Authority for any area declared as controlled area for the purpose of the Act and for the preparation of the scheme.
(i) The development Authority shall have not more than 15 members, the strength and constitution in each case, being determined by Government.
(ii) The development Authority shall have as members, elected representatives of the local body (Municipality, or Panchayat or both as the case a may be) and such officers as are nominated by Government from time to time to represent the connected Departments such as Public Health, P.W.D., Education, Agriculture, Industries, etc., as well as private gentleman to represent the local interests as ex-offices members.
(iii) The development authority may with the approval Government make rules regarding the convening and conduct of meetings, moving of resolutions, the appointment of the necessary of government make rules regarding the convening and conduct of meetings, moving of resolutions, the appointment of the necessary staff and other details as to the working of the development authority.
(iv) The chairman, Convener and Treasurer of the development Authority shall be appointed by Government.
(v) The Government may remove any member of the Development Authority who fails to attend three consecutive meetings or against whom a vote of no-confidence has been passed at a meeting specially convened in that behalf and by a resolution supported by not less than 2/3rd of the sanctioned member of the development Authority.
(vi) Any vacancy in the development Authority shall be filled up by Government on the recommendation of the Authority.
(vii) Any member may resign his membership by notice in writing addressed to the chairman of the Development Authority.
4. The chairman shall have full access to all the records of the Development Authority and no official correspondence between the Development Authority and the Government shall be conducted except through the Chairman. The chairman shall be bound to transmit communications addressed through him by the convener to Government or by Government to the Convener.
5. The Convener shall forward to Government copies of proceedings of every meeting of the Development Authority.
6. The development Authority shall prepare and submit the necessary scheme to Government.
7. The following shall be the general procedure for the preparation and the publication of the scheme.
(i) Together with or soon after the declaration of any area as controlled area under section 3 of the Act, a development Authority shall be appointed by Government. The authority shall prepare a Master plan and forward it to Government within the time specified by Government for that purpose.
Explanations - Master plan means the map of the controlled area drawn to a scale of not less than 8 inches to a mile showing at least the alignments, width and use of he main traffic ways and allocation of lands for the different uses say for Agriculture, Industries, Commerce, recreation, education etc., for the common civic amenities for a population that may be envisaged for the area within about say 20 years time, with a preamble or report on the ways and means of implementing the scheme based on the master plan.
(ii) Subject to the approval of the Master plan by Government the Government may issue an interim development order under section 13 of the Act for regulating the developments in the area and call for a detailed scheme contemplated in Rule 6 of these rules.
8. The detailed scheme should be published under section 4 of the Act within a maximum period of 2 years from the date of notification of the interim Development Order. Government will have the power to extend the period if so required.
9. In exceptional cases where Government are satisfied that the rate of Development is too repaid to allow of any delay in first preparing the Master plan and then the detailed scheme, Government may as a vary special case, order the preparation of the Master plan and the detailed scheme simultaneously.
10. As soon as may be after the approval of the master Plan by government the development Authority shall prepare and forward the draft of the scheme to Government at least 4 months before the date of expiry of the Interim Development order in order to allow sufficient time for Government to make necessary enquiries and scrutinize the scheme.
11. The Government shall publish the draft scheme inviting public opinion and allowing a minimum period of one month for receipt of such public opinion.
12. The Government may make such alterations or additions as they deem necessary by in the Draft Scheme ad publish the scheme for implementation under Section 4 of the Act.
14. Compensation not Claimable - No person shall be entitled to claim compensation under this or any other Act or law for any injury, damage or loss caused by any action or order taken or passed in good faith by the responsible authority under this Act.
15. Suit, prosecution etc., barred - No suit, prosecutioner other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act.
16. Provisions of this Act to prevail - If any provision contained in any other enactment in force in travancore is repugnant to any provision contained in this Act the latter provision shall prevail and the former provision shall to the extent, of the repugnancy, be void.
17. Power to make rules-(1) Our Government may make rules for regulating generally the procedure to be followed in connection with the preparation, publication and the bringing into force of schemes or orders and for prescribing anything which is by this Act required or authorized to be prescribed.(2) All rules made under this Act shall be published in our Government Gazette and shall on such publication have effect as if enacted in this Act.
18. Local Enquiries-For the purpose of the execution of the powers and duties under this Act our Government may cause to be held such local enquiries as they may think fit and the costs incurred in connection with any such local enquiry within the limits of a municipality shall be paid to out Government by such municipality.
MATTERS TO BE DEALT WITH BY SCHEME
1. Streets, roads and other ways, and stopping up or diversion of existing highways.
2. Buildings, structures and erections.
3. Open spaces private and public.
4. The prohibition, regulation and control of the deposit or disposal of waste material and refuse.
5. Sewerage, drainage and sewage disposal.
7. Water supply.
8. The reservation of land as site for aerodromes.
9. Ancillary or consequential works.
10. Extinction or variation of private rights of ways and other easements.
11. Dealing with or disposal of land acquired by the responsible authority.
12. Power of entry and inspection.
13. Power of the responsible authority to remove, alter or demolish any obstructive work or any building the erection or the re-erection of which is prohibited.
14. Power or the responsible authority to make agreement with owners, and of owners to make agreements with one another.
15. Application with the necessary modification and adaptation of statutory enactment.
16. Carrying out and supplementing the provisions of this Act for enforcing schemes, and for that purpose imposing pecuniary penalties for breach of or failure to comply with schemes and making provisions for the recovery thereof.
17. Limitations of time for operation of scheme.
18. Co-operation of the responsible authority with the owners of land included in the scheme or other persons interested.
19. Provisions regarding sanitation and public health.
20. Provisions to prevent un due congestion and to prevent conditions likely to be deleterious to public health or likely to spread infections diseases or epidemics.