State Act

The Kerala Town and Country Planning Act 2016

39. Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat to necessarily make Master Plans in certain cases.—Notwithstanding anything contained in this Act, in respect of any area for which a planned development is necessary but not initiated by the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat, as the case may be, Government may, after making such enquiry as may be deemed necessary, by a notification in the Official Gazette, require the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat to prepare, publish and submit for sanction the Master Plan as provided under this Act and the notification so issued shall be deemed to be a decision taken by a resolution to prepare the plan under sub-section (1) of section 36 and the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat shall proceed in accordance with this Act. 2[Provided that if the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned fails to comply with the above Government direction, the Government may issue direction as deemed necessary, under clause (e) of section 11 of this Act to prepare Master Plan for such area which shall be binding on the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat concerned: Provided further that, if the Municipal Corporation, Municipal Council, Town Panchayat or Village Panchayat fails to publish such Master Plan as in the proviso under sub-section (4) of section 36 within the time limit prescribed, the Government may, suo motu, publish it, process objections and suggestions, modify the plan to the extent required and sanction it in accordance with this Act.]