URBAN POLICY AND ACTION PLAN FOR KERALA |
|
1.0
BACKGROUND
The first ever-serious attempt to review and analyse the
urbanisation process and to formulate policies for integrated
urban development in the country began with the appointment
of the National Commission on Urbanisation in the 1980s.
The
main objectives of Urban Development Policy as envisaged
by the National Commission on Urbanisation included the
following.
i) Saving the super-metros and national cities and also
reviving their economies;
ii) Development of fast growing intermediary level urban
centres by ensuring financial investment for maintaining
the existing infrastructure and augmenting it to a level
wherein they will be more efficient urban entities; and
iii) Development of stagnating towns by providing gainful
employment opportunities.
The National Commission on Urbanisation suggested that urbanisation
strategy should be a part of the major strategy of generating
economic growth. The Commission also observed that urbanisation
should be visualized as a major instrument for promoting
agricultural and industrial development as well as implementing
antipoverty programme in backward areas. Owing to the emphasis
on industrialisation and economic development in the successive
Five Year Plans, Urbanisation in India has been characterised
by the following special features:
a)
Growth of towns and agro-industrial centres;
b) Setting up of institutional and administrative centres
including places of tourist interest, educational centres
and the state headquarters; and
c) Emergence of new industrial centres and major irrigation
and power projects.
We see towns and cities as heroic engines of growth not
only creating skills and wealth for the nation, but also
generating employment for migrants from rural areas. Along
with this we find that in some cases these urban centres
have also generated the most brutal and inhuman living conditions,
with large sections of the citizens living in squatter settlements.
The overcrowding in the slums and lack of water and sanitation
leads not only to severe health problems but also to the
degradation of the human beings.
Urbanisation is an important aspect of the process of economic
and social development and is closely connected with many
other problems, such as migration from villages to towns,
relative costs of providing economic and social services
in the towns of varying sizes, provision of housing for
different sections of the population, provision of facilities
like water supply, sanitation, transport and power, pattern
of economic development, location and dispersal of industries,
civic administration etc. Much of the deterioration which
occurs in living conditions in rapidly growing urban areas
is due to the high cost of urban development, in particular,
the cost of providing housing, water supply, drainage, transport
and other services. The situation is further accentuated
by the existence of unemployment, overcrowding and the growth
of slums and the fact that a significant proportion of the
population in many cities is without shelter.
2.0
PROBLEM AREAS
2.1 Certain minimum requirements which need to be fulfilled
include —
(i) Creation of the right atmosphere for large scale investment
in housing sector
(ii) Physical planning of the use of land and the preparation
of master plans;
(iii) Defining tolerable minimum standards for housing and
other services to be provided; and
(iv) Strengthening of municipal administration for undertaking
new development responsibilities. It was concluded by the
National Commission that the lowest grade municipal body
must provide the following minimum facilities:
(a)
potable water supply;
(b) street lighting , preferably electric;
(c) drainage, at least pucca surface drains;
(d) surfaced roads and streets; and
(e) sanitation conservancy and arrangements for the disposal
of town wastes and prevention of epidemics.
2.2 Cities themselves are undergoing noticeable changes.
The sky line of Indian city is fast changing with a string
of high-rise buildings multiplying at a rapid speed. This
is changing the traditional urban culture. Houses are getting
replaced by flats. There is a rush for every square foot
of land. The result is that the aesthetic sense of space
is altogether ignored ; multi - storey culture is now infecting
Indian cities. In such a process of creating multi-storied
structure, electricity, water and other infrastructure requirements
are inadvertently ignored. The growth is unchecked, and
unauthorised constructions go unabated. The over all situation
is really chaotic, even grim. Everywhere, cities contain
more people than their infrastructure can really take. Rents
are soaring up everywhere and the common experience is that
these are beyond the paying capacity of even the middle
class.
 |
3.0
URBAN SECTOR – NATIONAL SCENARIO
3.1 Urbanisation is a global phenomenon. It is a measure
of the process by which the proportion of the total population
concentrated in the urban settlements increase . In fact
all the developed countries in the world are generally urbanised.
Population growth is more prevalent in urban areas. It provides
better economic opportunities. Education and health facilities
are mostly available in urban areas.3.2 An urban area can
be defined in a number of ways – legal, demographic
or economic – but all towns have the basic characteristics
of being spatial concentrations of people and economic activities.
In India, the definition of ‘urban’ given by
census of India is generally accepted which is as follows:
(i) A minimum population of 5000(ii)
At least 75 per cent of male working population engaged
in non-agricultural pursuits and
(iii) A density of population of at least 400 persons per
sq.km.3.3 Urban areas account for about 28 % of Indian population
and 60% of the Gross National Produce (GDP) of the country.
It creates 57% of India’s employment barring Agriculture
Sector. India is traditionally considered as a Rural Society
and Rural Areas are favoured by disproportionate allocation
under successive plans. The urban areas together get only
15% of plan allocation. Schemes such as Rural Employment
Generation Schemes, Rural Water Supply and other Rural Development
Schemes always get priority over Urban Development Schemes.
Urban areas remain traditionally as neglected areas. Both
the Central and State funds mainly flow to rural areas.
Of late, the Governments are seized of the danger in neglecting
the urban areas and resultantly schemes such as Suwarna
Jayanthi Shahari Rozgar Yojana ( SJSRY) and National Slum
Development Programme (NSDP) have been framed. Still the
allocation on these schemes are far below the requirement.3.4
Our urban areas are in severe crisis. Planning process have
proved to be intrinsically defective, the cities are over
crowded, urban land has become extremely scarce. Services
are breaking down and city management is often ineffectual
and human misery has increased beyond imagination. The urban
infrastructure has become outdated. The roads, water supply,
drainage and sewerage have collapsed. Providing ample parking
space and open space have been totally neglected. Enforcement
of municipal laws has miserably failed.
4.0
URBANISATION IN KERALA
4.1 The urban sector in Kerala comprise of five Municipal
Corporations and 53 Municipalities. 25.97% of the population
live in urban areas. This is a little less than the National
average. However unlike the other parts of the country the
Urbanisation in Kerala is not limited to the designated
cities and towns. Barring a few Panchayats in the hilly
tracts and a few isolated areas here and there, the entire
state depicts the picture of an urban rural continuum. The
Kerala society by and large can be termed as urbanised.
4.2 It is seen that in the year 1981, there were 106 census
towns which accommodated 4,771,275 population which worked
out to 18.74 percent of the total population; and in 1991
there were 197 census towns with a population of 76,80,294
which worked out to 26.44 percent of the total population).
The Census of India 2001 recorded an urban population of
82,67,135 in the state which is 25.97% of the total population
of 3,18,38,619 and is spread over 159 census towns in the
state. When the urban content of the total population increased
from 18.74 in1981 to 26.44 in1991, it showed a declining
trend during the decade 1991 - 2001, with an urban content
of 25.97 in 2001. The percentage decennial growth of urban
population in the state was 60.89 during 1981-91. But during
1991-2001 it is only 7.64 %. The number of census towns
is reduced to 159 too. The change in jurisdiction in statutory
urban areas mainly speak for this.
4.3 Prospects and options of urbanisation in Kerala
Urbanisation
trend in the state of Kerala shows marked peculiarities.
Generally, increase in urban population growth rate is the
result of over concentration in the existing cities especially
metropolitan cities. This is true in the case of urbanisation
in the other states of India. But in Kerala, the main reason
for urban population growth is the increase in the number
of urban areas and also urbanisation of the peripheral areas
of the existing major urban centres. This is quite clear
from the study of the density pattern also. Kerala has the
third highest overall density of 819 persons per sq.km.
(next only to west Bengal and Bihar) in 2001. But the density
pattern in our major cities and towns shows that, the increase
in density is due to the overall population increase over
the entire spread of Kerala, which is occasionally accentuated
in the urban areas with nominal variations.
The dispersed settlement pattern, a result of historical
trends, a liking for homestead type development, comparatively
developed infrastructure in urban and rural areas, geographical
reasons, availability of subsoil water etc can be considered
as both a prospect and a problem. In terms of investments
in infrastructure development and social services sector,
we spend quite a good share of our budgetary resources.
When the scarce resources are spread thinly over the entire
mat of Kerala, the accruing benefit is marginal. Whereas,
selective investment in priority areas could show better
results. The urban spread demands more investment in infrastructure
development. Such an urban spread may result in depletion
of agricultural areas. This trend may also increase transportation
costs and energy consumption. However, the dispersed settlement
system do have certain positive aspects also. We do not
have primate city development and metropolitan city development
and the problems connected there with. The rural to urban
migration which accentuates urban problems and urban poverty
is only marginally present in the urban scenario of the
state.
4.4
Economic role of Urban Areas
4.4.1 The National Commission on Urbanisation (N.C.U.),
appointed by Government of India, in their recommendations
have recognized urban areas as generators of economic momentum.
The State Government also accept the special economics interrelated
to urban development. All urban areas do not have the same
economic capabilities. The economic potential of an urban
area may depend on a number of factors like geographic location,
availability of economic infrastructure, regional linkages,
and propensities for accepting further investments and creating
spread effects.
4.4.2 Urban areas are characterised by their concentrations
of different economic activities. One of the main reasons
why an industry or another economic activity concentrates
geographically is because of the so called ‘agglomeration
economics’ that it can enjoy. Exploring the positive
factors of agglomeration economics, it is possible to exploit
urbanisation to aid economic development. Urbanisation and
Economic Development have long been recognized as concomitant
factors. Policies need to be enunciated to use urbanisation
as a positive factor to aid economic development.
4.5 The state has only limited resources. It can not disregard
or neglect the social commitments. The possibility of additional
state investment in this sector is too remote. The financial
position of urban local bodies are also not too rosy.4.6
Criteria for Constitution of Statutory Urban Local Bodies
There is no prescribed criteria for constitution of cities.
Municipalities were elevated to the status of Corporations
on considerations of their importance, pace of urbanisation
in the area , need for integrated development of the urban
core and its neighbourhood, density of population, income
and demand for more progressive civic administration. The
Kerala Municipalities Act do not prescribe any criteria
for constitution of Municipalities. However Government as
per G.O MS 108/67/HLD dt.2nd March 1967 had laid down the
following standards for the constitution of new Municipalities.
(i) The
locality should predominantly be urban i.e. at least ¾
th of the adult population of the area should be engaged
in pursuits other than agriculture.
(ii) The population of the locality should not be less than
20,000 and the density of population should not be less
than 4000 per 2.59 sq.km. except in hilly areas.
(iii) Per capita revenue resources of the locality should
not be less than Rs. 5.
Government visualise change in the scenario in tune with
the pace of development and will formulate specific revised
criteria and procedure for :-
1) Declaring an area as statutory urban local body.
2) Elevating local bodies to Municipal Status and
3) Effecting jurisdictional changes to existing statutory
urban local bodies,in consideration of the peculiar settlement
characteristics of the State.
The list of statutory urban local bodies in the state is
enclosed as Annexure I
 |
5.0
IMPACT OF 73RD AND 74TH CONSTITUTION AMENDMENT ACTS ON THE
PLANNING SET UP OF THE STATE
5.1 With the enactment of the Constitution amendment Acts,
the Kerala Panchayat Raj Act ,1994 and the Kerala Municipalities
Act , 1994 came into being incorporating the provisions
of the respective Constitution Amendment Acts. The significant
feature was the provision that the Government shall, after
the commencement of the Act, transfer to the Local Bodies,
all institutions, schemes , buildings ,and other properties
connected with the subjects listed in the respective schedules
dealing with these functions.
5.2 The first elections to the three tier Panchayat Raj
set up including Urban Local Bodies in Kerala were held
and the Local Bodies came into being in October 1995. Subsequently
a comprehensive Government Order was issued, transferring
various institutions and staff to the Local Bodies . Another
noteworthy event was the inclusion of a separate document
known as Annexure IV in the Budget of 1996, which detailed
out the Grants- in – Aid and the schemes transferred
to the Local Bodies. Thus the allocation to the Local Bodies
was seen as an independent subject of the State Budget giving
it the stamp of legislative approval. Also about 35 percent
of the State’s Plan Funds became the share of Local
Governments.
5.3
The State Government embarked on a policy of massive decentralisation
during 1996. The launching of the De-centralised Planning
Campaign on 17th of August, 1996 and the appointment of
a committee on Decentralisation of powers are major landmarks.
This process of plan campaign was spearheaded by the State
Planning Board in partnership with the Department of Local
Administration with the full association of political parties,
non-governmental organisations, professionals and elected
members and soon assumed the nature of a movement resulting
in an alliance of all those who reposed faith in decentralisation.
It succeeded in harnessing public action for participatory
planning at the grass root level and created not only a
favourable environment for genuine decentralisation but
also built up a powerful demand for radical reform in the
legislative, administrative and developmental systems, thereby
helping to formalize and institutionalize the paradigm shift
to a people-centered, bottom-up approach to planning and
development giving a direct and continuing role to the people.
5.4 The Committee on Decentralisation of Powers laid down
clear and coherent first principles in its inception report
in August 1996 and they have been accepted as the guiding
light of government policy. Later the Committee on Decentralisation
of Powers interacted closely with the Decentralised Planning
Campaign and this synergy resulted in recommendations for
basic restructuring of legislations of local government.
These recommendations were incorporated in the Kerala Panchayat
Raj Act and Kerala Municipalities Act providing the legal
foundation for healthy and accountable institutions to local-government.
These and further recommendations of the Committee have
contributed immensely in institutionalizing the gains of
Decentralised Planning Campaign into a solid foundation
for local self-government.
5.5
Kerala’s unique contribution in making the process
of decentralisation a firm footing is evidenced by the following
administrative decisions.
5.5.1 A quasi judicial authority – Ombudsman for Local
Self Government Institutions has been set up to enquire
into allegations of corruption and mal administration against
members of Local Self Government institutions. Provisions
have been made in the Kerala Municipalities Act to set up
judicial tribunals to consider statutory appeals arising
out of the discussions in ULBs.
5.5.2 State Performance Audit Authority has been formed
to conduct performance audit of the Local Self Government
Institutions.
5.5.3 Kerala Institute for Local Administration –
an institution for giving training to the elected members
and officials of LSG institution has been transformed into
a Centre of Excellence having nation wide reputation.
5.5.4 Right to information has been given statutory validity
by incorporating in the Kerala Panchayat Raj Act and the
Kerala Municipalities Act.
5.5.5 A state level Council under the chairmanship of the
Chief Minister has been formed to formulate policies for
Local/Regional Development and to co-ordinate District and
State Plans.
5.5.6 The Urban Local Bodies were given the authority to
formulate spatial plan and consequently Development Authority
lost relevance. Authorities based in 5 Small Towns have
been abolished .
5.5.7 A State Level Co-ordination committee under the Chairmanship
of Minister (LSG) has been formed to take decision on matters
concerning decentralised planning. This has avoided the
routine processing of issues at official level facilitating
instant decisions.
5.5.8 The State Election Commission has been formed and
two general elections to the LSG institutions have been
conducted by the Commission so far.
5.5.9
The State has appointed two State Finance Commission. Barring
a few, almost all the recommendations of the 1st finance
commission have been implemented by the State Government.
5.5.10 In addition to subjects listed in the 12th schedule
a number of subjects allotted to various Departments have
also been transferred to LSG Institutions.
5.5.11 Government will impress upon the urban local bodies
to strive hard to pool all their resources and know-how
for improvement of quality of life. Government will not
exercise power for granting exemption from the provisions
of the Law, over the head of the urban local bodies in an
arbitrary manner. Government will strive hard to make the
urban local bodies as genuine third level of Government.
At the same time they will impress upon the urban local
bodies to give top priority in discharging their statutory
responsibilities.
6.0
PLANNING WITH A FUTURE VISION
6.1 Urbanisation Strategy
6.1.1 The poor picture depicted in the development scenario
of our urban areas is mainly due to the lack of proper vision
and master schemes, which envisage long term and short term
effects of urban infrastructure improvements. Proper development
strategy should cater to the development needs of urban
society ensuring modern comfort levels and standard of living
while preserving natural, cultural and historical entity
of the city. 6.1.2 Considering the urbanisation trends in
Kerala, the urbanisation strategy to be adopted for the
state needs a broad based assessment. It has to take into
account the fact that there are 58 statutory towns and 101
other census towns together with urbanized villages.
6.1.3 It is necessary to identify urban centres which demonstrate
economic potentials and propensities and to prioritise them.
Such an attempt will lead to ‘Selective Urban Development’
which will give a fillip to development of many other sectors
of development. Along with this approach the minimum required
infrastructure support shall also be given to other not
so economically potential urban area to serve an existing
population. The Government shall identify such towns and
cities and prepare urban development investment packages
for preferential development treatment of such towns and
cities, which require intersectoral investments.
6.1.4 The present practice of annual planning based on the
budgetary provision envisioning only short period implementation
is inadequate and will hamper the comprehensive mass scale
development of the town. Therefore an integrated and co-ordinated
planning strategy based on comprehensive master scheme which
effectively reflects the social, cultural and heritage factors
of every city is required.
6.2
Involvement of Private Sector6.
2.1 Kerala is one of the advanced States in terms of physical
quality of life index. It also is a model in the developing
world for its achievement in social sectors such as health,
education etc. At the same time the physical infrastructure
in the State presents a very poor picture. Government is
preoccupied with its existing commitment on the social front
thereby limiting its ability to make fresh investment in
infrastructure.
6.2.2 The urban local bodies are supposed to generate their
own financial resources. However, these bodies do not often
muster the courage to levy taxes under their powers. Inadequate
taxation and inefficient management both render the municipal
services far from satisfactory. The infrastructure development
is not in a position to keep pace with the population growth
of such cities resulting in serious inadequacies in service.
Since public funds for urban infrastructure projects are
inadequate urban organizations have to look for alternative
sources of funding from financial institutions. Participation
and availability of private sector funds for development
of infrastructure therefore becomes not only desirable but
also absolutely essential. A number of options have emerged
in private sector / non government organizations participation
in the financing and management of urban services in India.
These should be tapped to the benefit of the public. Out
sourcing and Private Sector Participation have the following
advantages:· Utilization of Private funds thereby
ensuring budget savings
· Timely availability of funds and thereby ensuring
faster completion of project
·
Efficiency in execution
· Savings in cost
· Development of Trade and Commerce
· Ability of Local Bodies/ Development Authorities
to focus on other core areas
· Avoidance of problems of maintenance and administering
personnel etc.
· Boost Government Revenue.
· Opportunities for capital market development
· Potential to stimulate foreign direct investments
· Availability of innovative technology
6.2.3
The presumption that involving private Sector in itself
makes for higher level of efficiency is not correct. Some
services seem to be more efficiently and effectively supplied,
regardless of whether they are in public or private ownership.
Introduction of private produces into urban service may
bring benefits but it also brings risks. There is possibility
or unwillingness of contractors to deal with less profitable
areas, pressure to raise prices in monopoly situations,
bankruptcy and difficulties of co-ordination between multiple
producers. Government agencies are also not immune from
these problems. Hence Government is likely to have an involvement
in the role of funder and regulator. Government should have
an ultimate responsibility, but entire operational responsibility
is to be transferred to private sectors. There shall be
clear segregation between Governmental functions and functions
and services assigned to private sector. Provisions may
include role such as establishing policies or plans and
ensuring their implementation drawing up and monitoring
contracts ensuring standards of service, financing, advising,
enabling, co-ordinating, regulating and licensing or monitoring
the production and management of service delivery. Government
shall continue to perform the regulatory tasks.
6.2.4 Government is committed to provide the best service
possible to the tax payer at the lowest possible cost. It
would therefore explore all options such as outsourcing
of service, privatisation, Public Private Participation
( P.P.P ) etc., to achieve these objectives. The feasibility
of involving co-operatives and N.G.Os will also be explored.
6.2.5
Urban Regulatory Authority Government will constitute an
Urban Regulatory Authority. This Authority will be entrusted
with the responsibility to ensure private sector participation
in municipal services, avoid creation of monopolies in municipal
services, maintain quality of services, make sure that the
cost of services to the public is reasonable and will also
function as a forum for receiving complaints/ suggestions
etc., on all urban services. This authority will be given
statutory powers to enforce these objectives. To begin with,
issues relating to the power and water supply of Municipal
Corporation of Thrissur will be brought under the purview
of this Authority.
 |
6.3
Development of Growth Centres
6.3.1
The urban areas which have the potential to be developed
as major growth centers with prospects in different sectors
such as industries, tourism, I.T, trade, commerce etc.,
shall be identified, planned and developed. The growth centers
will improve the economic status of the people of the region,
curtailing unplanned urban spillovers and adverse impact
on the productive agriculture sector in rural areas. This
will help in improving the balanced economic development
of the state. The status of infrastructure in such growth
centers will also be improved to meet the increase in demand.
Prospects for private – public participation in implementing
various projects in growth centers will be explored.
6.3.2 Planned Development The development activities of
cities and major towns in Kerala have not kept pace with
their growing demand. The status of physical and social
infrastructure needs immediate improvement. The urban areas
will be prioritised and interim development plans will be
prepared for those towns, which are not covered under development
plans. This will facilitate in undertaking urban development
projects for more towns under various schemes such as IDSMT
(Integrated Development of Small and Medium Towns –
a centrally sponsored scheme). Traffic Improvement and Management
Schemes for these towns will be prepared and implemented
in a time bound manner.
6.3.3
The 58 statutory towns in the state are classified under
5 categories based on the present developments in these
towns and the future economic development potentials of
these towns Kochi city region has already attracted substantial
industrial activity supported by well developed trade and
commerce. The port, the newly developed airport and railway
linkages have contributed to the development of Kochi region
as the prime economic node of the state. This region rightly
deserves the most priority status for convergence of infrastructure
and development inputs. The National Commission on Urbanisation
has identified this Region as the Spatial Priority Urbanisation
Region (SPUR).The capital city of Thiruvananthapuram is
the apex centre of all governmental functions. The Executive
and Legislative arms of the Government have their apex bodies
functioning in this city which have contributed to the development
of the present city structure.These institutions along with
highly developed education and health facilities and the
potential tourism centres within the city region demand
that the capital city region be considered as a special
priority region in the state. From the economic development
point of view, Thiruvananthapuram city region is also considered
as a priority city in the state.
Kozhikode
city is the nodal point for all districts in the northern
region. Kozhikode has traditionally been developed as a
centre for forest and agro based industries. It has a high
order of development in trade especially in food grains,
marine products and spices. The city offers very high potential
for development contributing to the economic development
of the entire northern region of the state. In view of this
Kozhikode is considered as the second priority city.The
urban agglomerations of Thrissur, Kannur, Kollam, Alappuzha,
Palakkad and Kottayam, apart from being District Head Quarter
towns also serve a very vast hinterland providing higher
order facilities in services, marketing, health, education
and production. Development inputs into these towns may
have positive multiplier effects. Infrastructure development
in these towns can attract many private sector production
units which can contribute to the economic development of
the state. Each one of these towns has already attracted
specialized functions which could be further exploited.
These towns deserve special priority treatment and are therefore
classified under ‘priority three’ towns.The
remaining statutory towns are classified under priority
four towns depending on their potentialities for development
and their economic development capabilities.
6.3.4
Government will introduce a system of categorizing and prioritizing
cities / towns for infrastructure investments in view of
their respective roles in economic development.
The Government will fix and publish appropriate criteria
and their weightage for arriving at the priority; so that
the local bodies can know how and how far they can come
up and go down the priority ladder. Plan funds will be released
only on assessment of performance of ULBs in the field of
statutory obligations. The Government will direct preparation
of development strategies for each of these towns considered
under the above classifications. Short term and long term
development packages will be prepared for all these towns
and the timely implementation of these development proposals
will be coordinated with all the sectors involved in development.
Projects under statutory town planning schemes shall get
priority while preparing such development packages.
6.3.5 Spatio economic integration will be ensured in the
budget proposals and budgetary allocation will be enhanced
for implementation of Town Planning Schemes. The annual
planning and budgeting system will be functionally linked
with 5 year Development Plans and long range ( 20 - 25 years
) Perspective Plans.
6.3.6 At present there is no unified Town and Country Planning
legislation for the state. The present Town Planning Acts
have only very limited scope and provide for preparation
of only General Town Planning Schemes for towns and Detailed
Town Planning Schemes for priority areas. The Government
propose to bring out a unified legislation on Town and Country
Planning with wider provisions for preparation of State
Spatial Development Plans, Regional Development Plans, District
Development Plans, Urban Development Plans and Special Area
Development Plans.6.3.7 Local Self Governments often ignore
the future development issues of the towns as a whole and
therefore major town level projects which transcend the
boundaries of the wards were not given adequate importance.
In order to over come this gap in the comprehensive long
term planned development of the towns, Government desire
to support major town level projects and major innovative
urban development projects taken up by ULBs. Government
will create Kerala Urban Development Innovation Fund with
specific guidelines for selection of projects, usage of
funds etc.
 |
6.4
Urban Land Policy
6.4.1 Land Consolidation Land being the source of all civilistation
need to be protected, preserved and used
for greater good of the society. The procurement of land
required for providing public facilities and services; even
the essential ones; often meet with little scope due to
the high density of population in the state. The problem
is more acute in the urban areas. Procurement of land for
such public purposes can be materialised through urban land
consolidation. Possibilities for practices such as allocation
of alternate land, issuing of TDR (Transfer of Development
Right), urban land reconstitution, creation of Land Banks,
popularizing land lease etc., shall be studied and explored.
6.4.2 Urban land being the base on which all urban activities
take place it is important that
urban land management be made more effective. A comprehensive
urban data base is a prerequisite for effective urban land
management. The National commission on Urbanisation has
emphasized this point in their recommendations. The Government
shall make required arrangements to build up Urban Land
Information System (ULIS) in a phased manner. The traditional
system of acquisition and processing of data is time consuming
and liable to errors and is difficult for retrieval when
necessary. The state Government have attempted to design
and launch a special program to develop city / town maps
using remote sensing; GIS and latest computer application
technologies and Management Information System/Data Base
for effective Urban and Regional Planning. The manpower
and technical expertise in the state shall be effectively
utilized including all the institutes and organizations
involved in planning studies.
6.4.3
Government reserve the right to designate critical land
for its best use. Indiscriminate conversion of low lying
urban areas shall be regulated using policies arrived at
based on scientific studies. Such a Land Utilisation Policy
shall among other things take into account our water resources,
mineral wealth, agricultural land, forest land, rural and
urban areas etc. Participation of a number of sectoral agencies,
both Government and Semi-Government, may be required to
prepare such a policy. Inter-sectoral dialogues would be
encouraged towards preparation of such a state-level land
utilisation policy. Government have powers to reserve any
land required for future widening of road without denying
the right of the land owner to enjoy the existing use of
the land till land is taken over for road widening. In taking
over land for road development, the principle of ‘quid
pro quo’ shall be adopted which provides concessions
to land owner for development and building in lieu of surrendering
land for road development.
6.4.4
Development Charges Development charges shall be levied
on every land transaction, new construction, and new commercial
ventures that are coming up in any project area after the
notification. In the cases of land transactions and new
constructions it can be a one-time charge and in the case
of commercial ventures it can be charged annually. In order
to collect the charges a notification for land acquisition,
a notification under the Town & Country Planning Act
to ensure development control, a tender of particular work
etc can be accepted. Development charges can be collected
for all projects irrespective of the fact whether the projects
are implemented by State, Central, Local Governments, Development
authorities, PSUs, PSPs or purely private.The Development
Authorities can charge development charges wherever they
exist and if there are no development authorities in existence
it can be charged and collected by the local bodies. Depending
upon the project the charges could vary from 5 to 15 years.
The amount thus collected should not be unreasonably high
and it can be mandated that prior permission of the Government
be required to charge this. In order to avoid too many development
charges there should be safe guards such as insisting floor
tag on the project cost etc. . Projects, which are based
on collecting user fee, need not be exempted from this levy,
if those paying user fee and those getting benefits are
different persons. In order to encourage people to surrender
land for road widening etc they are given additional FSIs.
In such cases certain formulae can be worked out. If the
cost of surrendered land is more than the proposed development
charges the landowners can be exempted from the development
charges. Proportionate reduction in development charges
for the land surrendered can also be considered when the
cost of surrendered land is lower than the proposed development
charges. Moreover, the Development charges shall be applicable
only to these who avail the benefit of the scheme.
 |
6.4.5
Recently in urban areas, there has been a trend in construction
of high rise buildings for residential apartments and for
other uses. There have been arguments for and against such
high rise buildings. In many cases there has been arbitrariness
in permitting the maximum Floor Area Ratio. From the planning
point of view the Floor Area Ratio (FAR) permissible for
an area shall be based on the considerations of the infrastructure
availability in the area. High rise-high density developments
can be permitted only in those parts of the towns where
the available infrastructure is well developed and/or the
infrastructure capacity could be augmented without creating
imbalance to the infrastructure system of the town. In such
cases the additional cost for capacity augmentation can
be collected from the developers. Parts of the town where
such high rise-high density development can be permitted
and where it cannot be permitted can be identified in each
town and this can be incorporated in the zoning regulations
of the development plans and regulations on high rise buildings.
6.5 Conservation of Heritage Structures And Open Space
6.5.1
Historic towns in Kerala still possess heritage buildings
and precincts though the economic pressures on prime urban
land is threatening their existence. Also, in order to give
impetus to tourism – one of the major sectors identified
to boost the economic development of the state, conservation
of the rich heritage structures and areas will be given
priority. Appropriate schemes, projects and regulations
will be materialised for meeting the above objectives. Wherever
feasible, land owners of heritage sites may be offered T
D Rs with higher FARs at alternative locations in lieu of
maintaining the status / upkeeping the heritage. The role
of Art and Heritage Commission for Kerala will be strengthened
for this purpose. By protecting Archaeological and cultural
sites and establishing Museum and other adaptive uses ,
Urban Local Bodies can attract tourists from all over.6.5.2
The extent of parks and open spaces in the urban areas of
Kerala is far below the standard norms. Development of the
same including those of specialized nature such as amusement
parks, recreational walkways etc., will also be given appropriate
weightage and encouragement. Prospects for involvement of
N.G.O.s in the upkeep of parks and play grounds will be
explored. Conversion of existing recreational open spaces
for other uses will be prevented .6.5.3 Government shall
require all developers including government agencies to
attach Environmental Impact Assessment (E.I.A.) statements
to all applications for obtaining approval for major development
projects. The Government shall issue necessary guidelines
in this regard. Guidelines for preparation of Environmental
Impact Statements will also be issued by Government.6.6
Traffic and Transportation6.6.1 Most of the urban areas
in the state have grown around a central core. Such urban
areas which revolve around a single node face congestion
in town centers, resulting in traffic problems. All job
centers and activity areas get located in the central area.
The peak hour inflow and outflow of traffic to and from
the city centre leads to loss of time and energy. This situation
demands that the job centers and activity areas be decentralized
and that the central city areas are non-intensified. Since
traffic is a function of land use, judicious land use planning
adopting poly nodal planning approach shall be accepted
for the major urban centers in the state.6.6.2 Urban road
planning shall deserve special attention in urban planning.
Urban roads shall be developed in a phased manner. Urban
traffic engineering measures and urban traffic management
measures will be properly coordinated. The existing urban
roads will be adequately rehabilitated making use of the
entire right-of-way, clearing encroachments on the roads,
providing end-to-end surfacing with shoulders, footpaths,
bus bays and parking lots. Feasibility of private sector
participation for projects in transport sector will be explored.
Prohibition of encroachments on foot paths, bus bays, parking
lots and ensuring maintenance of road side drains, streetlights
and footpaths along that road stretch abutting the frontage
of a particular plot will be the responsibility of that
particular plot owner. This can be ensured through the urban
local body / NGO’s / Co-operatives / concerned departments
etc.Imposing fines will be resorted to prevent road encroachments.
Provisions of Pedestrian aides and wholly walking areas
will be encouraged. Road side parking will be prohibited
and parking fee will be auctioned. Government will initiate
setting up of traffic regulatory cell in major urban centres.6.6.3
Land under the possession of Government and the local bodies
will be identified to provide off-street parking places
at appropriate locations. Owners of vacant land shall be
licenced to use the same as parking stations, with fee,
a portion of which can be municipal tax 6.7 Health Care6.7.1
The Local Bodies look after primary health care activities
of the urban areas viz.provision of sanitary service, water
supply, control of communicable disease, sewage disposal,
health education etc.6.7.2 Maternity and Child Welfare services
are provided by Maternity and Child Health centres. But
the urban people are not fully utilising the MCH centres
due to the higher consumer expectation of the people. By
and large people prefer to go straight to the specialists
whereas the MCH centres provide service through Junior Public
Health Nurses only. Women doctors are not available in many
places and other adequate infrastructure facilities such
as proper building , equipment, furniture and medicines
are lacking.In rural areas there are sub centres and primary
health centres providing preventive services to people.
Also there is a well established system for the provision
of health care from bottom to top by Department of Health
Services.The entire system is controlled by the District
Medical Officer . On the other hand the Urban Local Bodies
have only a proper system for sanitation service. Maternity
and Child Health service centres are to be brought under
the technical guidance and supervision of the Department
of Health Services and the same are not extended to urban
people. All the national programme are implemented by the
Department of Health Services directly. These programmes
can be effectively implemented in the urban areas through
Urban Local Bodies. Prospects for the involvement of private
sector/ trust / NGOs in the provision of health care facilities,
and health education shall be explored.6.8 Boost to Construction
Industry. As a result of the slump in our economy, the construction
sector in the state has been showing a downward trend for
the last few years. The state’s tourism potential
still remains to be tapped in full. To attract tourists
better infrastructure including better habitats have to
be developed. The Kerala Municipality Building Rules have
been amended drastically to allow springing of more hotels
etc. The Rules will be further amended to avoid any degree
of arbitrariness in giving building permits and make optimum
use of land. In order to upgrade the standards of Hotels
, they may even be given tax incentives .Hawkers Market
will be developed at convenient places.6.9 Urban Sanitation
6.9.1 Urban Drainage: Urban Drainage is an important parameter
in urban development. Conversion of low lying paddy fields,
water bodies, ponds etc. indiscriminately, has resulted
in surface drainage problems in many an urban area. Due
to this, during cloud-bursts and heavy monsoons, floods
occur causing damage to men and materials. Land zoning and
new land developments will be viewed with regard to urban
drainage aspects and the required measures will be strictly
enforced.
6.9.2 Urban drainage will be considered as part of urban
road development planning.
Urban Drainage being a specialized technical subject, adequate
expertise shall be developed in the state and required institutional
assistance for urban drainage shall be found. Private sector
participation will be explored in this area also.
6.9.3 Solid Waste Management: Government shall give top
priority to keep the cities and towns clean. To achieve
this objective the government shall give more thrust for
solid waste management in urban local bodies. By the end
of 2002 all major towns in the state will establish scientifically
designed solid waste management system including improved
methods of collection and transportation, recycling etc.,
without causing environmental pollution. Involvement of
residents’ association in urban sanitation projects
will be considered favourably where ever feasible. The Government
shall encourage the urban local bodies to explore the possibilities
for bringing in private sector participation in certain
areas of solid waste management and sanitation programs.
6.9.4 The Government shall co-ordinate all urban sanitation
programs available and operating within the State. Convergence
of many sanitation programs at specific area level shall
be encouraged to achieve overall development of any particular
area. The urban local bodies shall be encouraged to constitute
statutory committees with public participation including
participation of non-governmental voluntary organizations
for implementing and supervising urban sanitation programs.
6.9.5 Hygienic sanitary latrines for public use will be
made compulsory with eateries, hostels , restaurants, petrol
pumps , supermarkets , malls public buildings etc..
6.9.6 Sewerage System: The urban local bodies in the state,
barring a small extent in the municipal corporations of
Thiruvananthapuram and Kochi , do not have planned sewage
disposal system. Government will promote setting up of underground
sewerage system and liquid waste treatment plants with private
sector participation. High density areas of Corporations
and major Municipalities will be given priority in setting
up of under ground sewerage system whereas provision of
in site sanitation will be encouraged in low income areas.
6.9.7 Public Crematoria shall be established in all Urban
Local Bodies, according to the felt need of the Public.
6.9.8 Modern slaughter houses will be established in all
Urban Local Bodies. Private Sector agencies will be encouraged
and provided financial assistance in establishing slaughter
houses. Every effort will be made to improve the sanitation
and cleanliness of slaughter houses.
7.0 ACCOUNTING REFORMS
The system of maintenance of accounts in urban local bodies
is outdated. This is neither a single entry system nor a
double entry system. It will be easy to maintain the books
of accounts if the same is maintained under the double entry
system, which is universally accepted. The receipts and
payments account, income and expenditure account and the
balance sheet can be drawn up direct from the trial balance,
which is a statement of various accounts. The various tools
for financial control and management such as funds flow
statement; cash flow statement etc. can also be drawn up.
Government visualize change over of the accounting system
as a priority area. Chartered Accountants / firms shall
be appointed in local bodies for handling accounting matters.
Recommendations of the 11th Finance Commission will be considered
in effecting accounting reforms in urban local bodies.
 |
8.0 FINANCIAL MANAGEMENT
8.1 The main source of income of any urban local body is
its tax revenue. But it is doubtful whether these bodies
are capable of exercising its powers with reference to the
assessment and collection. There is a tendency among the
people either to evade tax/levy or to get it reduced than
what ought to be. The gravity of this problem varies from
Municipality to Municipality. But everywhere it is there.
So it is felt to make the system of assessment and collection
more effective by making it fool proof. Government will
give greater autonomy to Urban Local Bodies in the fixation
of taxes, rates, user charges etc while removing chances
of misuse , arbitrariness etc. The Government will also
impress upon the urban local bodies to keep down the gap
between revenue and expenditure. Augmentation of Municipal
finance through floating of Municipal bonds will be considered.
8.2 Besides the tax revenue and grant-in-aid from the State,
the urban local bodies often seek financial assistance from
the various financial institutions such as LIC of India,
HUDCO, KUDFC etc., to part finance their developmental activities.
In seeking these assistance they seldom observe financial
propriety such as viability of the scheme, capacity to refund
etc. Some of these schemes often land the urban local bodies
in trouble. Borrowing limit of the local bodies will be
linked to their revenue. Ceiling limit will be imposed on
loans taken by ULBs from LIC, HUDCO, KUDFC etc. . Local
bodies will be made more accountable for their debt servicing
which would include attaining credit worthiness before borrowing
from the market. Government will actively involve in these
areas.
8.3 There is increasing tendency in urban local bodies to
divert the earmarked funds to other schemes and in certain
cases even to meet their overhead charges. This should be
curtailed. If need be, a legislation will be brought out
to enforce financial discipline among urban local bodies.
8.4 Property Tax: Property tax is a major source of income
for the Local Self Government organisations. The present
system of assessment and collection of the tax are unscientific
and arbitrary and lead to corrupt practices. The Government
proposes to rationalise the Property tax structure in a
simple way of calculation based on plinth area. This in
addition to plugging the holes for corrupt practices will
boost the income of local bodies considerably.
8.5 Entertainment Tax
8.5.1 Another area which is highly abused in the State is
the Entertainment Tax. Government believes that taxation
should not cripple an industry. At the same time it should
leave no loopholes for evasion and corruption. Milder the
taxation, easier it is to collect. There is high degree
of evasion, under-assessment, collusion, corruption and
unjustifiable differences in taxation level between various
local bodies. Government proposes to restructure the entertainment
tax system so as to make it easy to assess, easy to collect,
difficult to tamper with meanwhile financially beneficial
to the local bodies.
8.6 External Assistance: Eventhough every effort will be
made to increase flow of funds to the urban areas by improving
tax collection , getting central assistance , attracting
private investment etc. these measures alone will not be
sufficient to convert the towns and cities into vibrant
economic engines of growth . It also requires liberal external
funding . Urban Sector restructuring will be used effectively
to generate interest among external financial agencies /
donor countries to support the bold innovative and effective
reform process initiated in the state .
8.7 Development Authorities: Development Authorities in
the five municipal corporations are undertaking several
development schemes for improving urban infrastructure.
All the existing development authorities will be supported
by government in the discharge of their declared objectives.
The role of Development Authorities will be reoriented and
redefined. Emphasis will be given to Capital City Development.
9.0 KUDUMBASHREE
9.1 The Kudumbashree was conceived mainly as an urban employment
generation programme through active involvement and empowerment
of women for eradication of poverty.
9.2 The initiatives of the mission have been receiving attention
of the different agencies involved in this sector including
the bilateral agencies. The methodology adopted by the mission
is to build community structures of women drawn from poverty
stricken families and facilitate them to overcome the tide
of poverty through social and economic empowerment. The
thrift and credit operations of the community based organizations
help the poor women to combat the economic difficulties
and proved as an informal bank of the poor. The thrift will
have to be raised up to Rs.100 crores and an action plan
will be drawn up to achieve this end.
9.3 Other Poverty Alleviation Programmes. To alleviate poverty
and to ensure sustainable economic development it is an
imperative necessity to increase the income level of the
poor. The thrift and credit operations will help the poor
women only to meet their immediate requirements and do not
increase their regular income except in cases where they
utilize the thrift amount for income generating activities.
It is therefore not conceived as a solution to combat the
poverty scenario on a long-term basis. Additional income
generation is possible through generating additional employment
and it is possible through micro enterprises. In the urban
area, the Swarna Jayanthi Shahari Rozgar Yojana (SJSRY),
the centrally sponsored urban poverty alleviation programme
is very effectively implemented to set up micro enterprises
of the poor. In the next five years 5000 group enterprises
can be set up at the rate of 1000 per year. Similarly, 25,000
families can also be assisted at the rate of 5000 per year
under the urban self employment programme. In addition to
the funds received from the centrally sponsored schemes,
the urban local bodies will be persuaded to invest in the
urban poverty alleviation sector.In the centrally sponsored
programme – SJSRY – there is another component
to provide wage employment to the poor (UWEP). This programme
will be effectively implemented to create infrastructure
facilities in the Municipalities and thereby generate a
minimum 50,000 man days of labour in the next five years
at the rate of 10,000 man days per year. The centrally sponsored
scheme for slum development (NSDP) will be implemented with
vigorous zeal . Urban Local Bodies will be encouraged to
prepare projects for development of infrastructure in the
fields of industry , public works and tourism .
 |
10.0
REFORMS IN ADMINISTRATION
The existing organizational structure under urban administration
will be reviewed and required modifications in terms of
professional capability and technical competence will be
effected to ensure proper implementation of Urban Policy
of Government.10.1 Legislations. To make the urban structure
an effective tool of catering to people’s needs, all
the outdated laws will be reviewed and rewritten. The Kerala
Slum Clearance Act, 1981, and the Kerala Development Authority
Rules will be reviewed. An unified Town Planning Bill will
be introduced in the Legislative Assembly. Legislation on
housing shall be revamped to protect the interest of the
investor / owner too. Registration Act, 1908 will be amended
to effect the changing land policies such as enforcement
of TDR ,implementation of land reconstitution schemes etc.
Rent Control Act will be amended to revitalize urban centres.
Land Utilization Rules will be reviewed so as to enable
urban local bodies to permit development of agricultural
areas in a scientific manner. Adequate legislation will
be introduced to ensure and promote conservation of heritage
buildings , heritage precincts and natural heritage. Kerala
Municipal Building Rules 1999 will be amended with due regard
to optimal utilization of land, relevant standards and norms,
the specialised settlement characteristics of the State,
encouragement of construction activity and fulfillment of
the Urban Policy for the State.10.2 Use of Information Technology.
The Government is committed to bring in transparency in
urban administration at every level. Wide publicity will
be given on the legal provision regarding right to information.
Modernisation is not possible without the use of Information
Technology. The Government is committed to introduce I.T.
in various sectors of urban Local Bodies. The computers
in various urban local bodies will be networked with that
in the headquarters at Secretariat and Director’s
level. E Governance will be introduced in ULBS.10.3 Directorate
of Urban Affairs The functions and responsibilities of Directorate
of Municipal Administration has undergone vast changes.
There is a felt need to give a developmental orientation
to the Directorate. It will also be converted to a professional
organisation which will make use of the services of the
experts in this field to ensure proper implementation of
Urban Policy of Government by studying the urbanisation
trends, patterns etc., of the State. The present Directorate
of Municipal Administration will be converted into Directorate
of Urban Affairs. 10.4 Kerala Urban Development Finance
Corporation. The Kerala Urban Development Finance Corporation
will be restructured and made a financial organization to
cater to the needs of the entire local government institutions
in the State. 10.5 Enforcement The enforcement machinery
in the urban local bodies will be reinforced and streamlined.
The Municipal and Town Planning Laws will be enforced strictly.
Municipal Employees engaged in enforcement work will be
vested with the authority under section 552 of the Kerala
Municipality Act, 1994. All forms of arbitrariness will
be done away with. This will be applicable in assessment
of tax. The tax structure will be streamlined and simplified.
The Vigilance Cell will be strengthened so as to improve
enforcement and transparency.
11 HUMAN RESOURCES DEVELOPMENT
11.1 The Government shall make available modern technological
facilities and equipment to personnel engaged in Planning
and Development. Town & Country Planning Department
being the prime agency for providing technical input for
the planned development of settlements in the State, Government
shall ensure availability of trained manpower in the Department.
Regular in-service training programs shall be instituted
for municipal personnel in planning, urban administration,
municipal finance and accounting, urban engineering etc.
The Kerala Institute of Local Administration (KILA) will
be strengthened. The training facilities available in the
KILA and other institutions within and outside the state
would be availed of for imparting training to Municipal
and Planning personnel. Networking with training institutions
outside the state will also be considered.
11.2 Training and interactive sessions for the planning
and municipal personnel with voluntary organizations and
professional organizations like ,the Institute of Town Planners
will be encouraged. Qualification for various posts in the
Urban Local Bodies will be reviewed and refixed to cater
to the increased responsibilities.
11.3 The Government shall earmark funds in the annual plans
of the State for H.R.D. of planning personnel in Government.
Similarly the Local Bodies will be required to earmark a
percentage of revenue earnings for in-service training of
their staff.
11.4 The urban administration, which is supposed to rise
to meet the changing needs of the public, is in a bad state.
Every effort will be made to improve the efficiency of urban
administration. An institute exclusively for catering to
the needs of Urban Sector will be set up. Regular training
programmes will be organised for elected representatives
and officials to equip them with the latest techniques to
deal with the ever increasing urban problems.
 |
Next
Page