The Tamil Nadu Town & Country Planning Act,1971

THE TAMIL NADU TOWN AND COUNTRY PLANNING ACT, 1971 (Tamil Nadu Act 35 of 1972) “An Act to provide for planning the development and use of rural and urban land in the State of Tamil Nadu and for purposes connected therewith.”

K.V.ABHISHEK MURP – I INDIAN INSTITUTE OF TECHNOLOGY, ROORKEE

Aims/goals of the Directorate To provide effective land development plan with adequate infrastructural facilities for conducive living environment required for the society. To achieve socio-economic development of the state through systematic development and regulation of growth of urban and rural areas of the State through Master Plans/New Town Development Plans and Detailed Development Plans. To arrest the rural migration to cities and towns by rural-urban integration through Regional Plans To preserve the historical, heritage and tourism important places in the state. To protect environmentally and ecologically sensitive areas of the state.

List of Acts,Rules & Regulations Acts 1. Tamil Nadu Town and Country Planning Act, 1971 2. The Tamil Nadu Survey and Boundaries Act 1923 3. The Tamil Nadu Public Buildings (Licensing) Act 1965 4. The Tamil Nadu Apartment Ownership Act 1994 5. The Tamil Nadu Lifts Act 1997 Rules 1. Mater Plan ( Preparation, Publication and Sanction) Rules 1983 2. Tamil Nadu District Municipalities Building Rules, 1972 3. Tamil Nadu Panchayat Building Rules, 1997. 4. Tamil Nadu Panchayat Act, 1994. 5. The Tamil Nadu District Municipalities (Hill Stations) Building Rules 1993 6. The Multistoreyed and Public Building Rules 1973 7. The Tamil Nadu Cyclone Prone Special Building Rules 1982 8. Rules regulating the construction and maintenance of buildings near Airports 9. The Tamil Nadu Apartment Ownership Rules 1997 10. The Tamil Nadu Lift Rules 1997 11. Tamil Nadu Public Buildings Licensing Rules 1966 12. Tamil Nadu Public Buildings Licensing Rules 1965

Regulations 1. Development Control Regulations for CLPA (DCR) - G.O ms.No. 130 Dated 14th June 2010 Housing and Urban Development Department 2. The Coastal Regulation Zone Notifications -2011 3. The Coastal Regulation Zone Notifications -1991 4. The Hill Area Conservation Authority (HACA) Regulations

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Background Government of Tamil Nadu (GoTN) enacted Town & Country Planning Act (T&CP Act), 1971 by repealing Town Planning Act 1920.

CHAPTER 1.PRELIMINARY 1.Short title, extent and commencement – (1) This Act may be called the Tamil Nadu Town and Country Planning Act, 1971,extends to the whole state of Tamil Nadu except the places declared by cantonments under the cantonment Act. 2.Definitions. – In this Act, unless the context otherwise requires,-

(1) “agriculture” (2) “amenities” (3) “appropriate planning authority” (4) “area of bad lay-out or obsolete development” (5) “arterial road” (6) “Board” means the Tamil Nadu Town and Country Planning Board (7) “building” (8) “building-line” (9) “building operations” (10) “commerce” (11) “commercial use” (12) “company” (13) ‘development” (14) “development authority” (15) “development plan” (16) “Director” (17) “engineering operations” etc. CHAPTER 2: CONSTITUTION AND INCORPORATION OF THE TAMIL NADU TOWN AND COUNTRY PLANNING AUTHORITIES. 3. Appointment of Director of Town and Country Planning and other officers.- The Government shall appoint a Director of Town and Country planning and such number of officers as they think fit. 4. The Town and Country Planning Authorities: (a) The regional planning authority; (b) The local planning authority; and(c) the new town development authority.

5.Constitution of the board–. THE CHAIRMAN 6. Functions and powers of the Board Minister in charge (a) the Minister-in-charge of Local guide, direct and assist the planning authorities Administration; (b)Secretaries to the Government Direct the preparation of Development Plans (c) the Chairman of the Tamil Nadu State Housing Board (d) the Chairman of the Tamil Nadu Slum Prepare and Furnish reports Clearance Board (e) three Chief Engineers PERFORM ANY OTHER FUNCTION WHICH IS (f) three members nominated by the Central SUPPLEMENTAL, INCIDENTAL OR CONSEQUENTIAL Government (g) one member to be nominated by the 7. Appointment of committees by the Board Tamil Nadu Electricity Board. (h) the Director of Town and Country the Board may constitute one or more committees. Planning; (i) the Joint Director of Town and Country 8. Incorporation of Town and Country Planning Authorities Planning. Every regional planning authority, local planning authority (j) four other members nominated by the or the new town development authority shall be a body Government. corporate and shall have perpetual succession and a (k) the President of the Chamber of common seal and, subject to such restriction or Municipal Chairman; qualification imposed by or under this Act. (l) the President of the Tamil Nadu Panchayat Unions Association THE DIRECTOR OF TOWN AND COUNTRY PLANNING

CHAPTER II-A. CONSTITUTION AND INCORPORATION OF THE METROPOLITAN DEVELOPMENT AUTHORITY FOR THE CHENNAI METROPOLITAN PLANNING AREA AND SPECIAL PROVISIONS RELATING THERETO. 9-A. Establishment of the Chennai Metropolitan Development Authority. CMDA 12 PERSONS 1CHAIRMAN; 1 VICE-CHAIRMAN; 6 officers of the Government; 2 members of the State Legislature; 1shall represent trade and industry 1 shall be the member-secretary. THE DIRECTOR; THE JOINT DIRECTOR of Town and Country Planning or the DEPUTY DIRECTOR of Town and Country Planning The COMMISSIONER, Municipal Corporation of Chennai the representatives of local authorities the CHAIRMAN OF THE TAMIL NADU STATE HOUSING BOARD the CHAIRMAN OF THE TAMIL NADU SLUM CLEARANCE BOARD a WHOLE-TIME DIRECTOR of the Chennai Metropolitan Water Supply and Sewerage Board

9-B Incorporation of the Metropolitan Development Authority The Metropolitan Development Authority shall be a body corporate and shall have perpetual succession and a common seal and, subject to such restriction or qualification. 9-C Functions and powers of the Metropolitan Development Authority to carry out a survey & prepare reports to prepare a master plan or a detailed development plan to prepare an existing land use map to prepare a new town development plan for the area concerned; and to secure the laying out and development of the new town 9-D. Provisions of this Act shall apply to the Metropolitan Development Authority subject to certain modifications. 9-E. Relation with the Chennai Metropolitan Water Supply and Sewerage Board.

CHAPTER – III. PLANNING AREAS, PLANNING AUTHORITIES AND PLANS 10. Declaration of regional planning areas, 12. Functions and powers of the appropriate local planning areas and their planning authorities amalgamation and sub-division and inclusion from other regions and local areas.13. Cessation of powers of local authorities in the The Government may, from time to time declare designated area their intention to specify any area in the State 14. Temporary association of persons with the to be: appropriate planning authority for particular a regional planning area purposes. a local planning area 15. Regional plans: a new town (a) land use 11. Constitution of town and country (b) identification of urban and rural growth centre planning authorities (c) transport and communication (d) water-supply & sewage disposal the Government may, in consultation with the (e) demarcation, conservation and development Director, an authority called the “regional (f) demarcation of objects and buildings of planning authority”, the “local planning archaeological or historical interest authority”, or the “new town development (g) areas required for military and defence authority” which shall consist of: purposes; a) A chairman (h) provision for afforestation, or reforestation, b) A deputy director (i) irrigation, water-supply and hydro-electric works c) Members of local authorites d) Members of state legislature e) A member-secretary

CHAPTER – III. PLANNING AREAS, PLANNING AUTHORITIES AND PLANS 16. Preparation of present land and building use map (a) the laying out or relaying out of land (b) the construction, diversion, extension, alteration, 17.MASTER PLAN improvement or closure of lanes, streets, roads and communications; land use (c) the construction, alteration, removal or demolition provision for transportation & of buildings, bridges and communication other structures; traffic and transportation pattern and traffic (d) the acquisition circulation pattern; (e) the redistribution of boundaries the major road and street improvements; (f) the disposal by sale, exchange, lease future development (g) transport facilities; improvement of areas of bad layout (h) water-supply; the amenities, services and utilities; (i) lighting; detailed development of specific areas (j) drainage the control of architectural features (k) reservation of land for public spaces Zoning regulations (l) housing or rehousing of persons stages by which the master plan shall be (m) the demarcation of places or objects and carried out; buildings of archaeological or historical interest or natural scenic beauty 18. The new town development plan (n) the imposition of conditions and restrictions 22-35. Deal with powers of the Director,Govt 21. Preparation and submission of the detailed approvals and subsequent operations of development plan the Detailed Development Plan

CHAPTER - IV. ACQUISITION AND DISPOSAL OF LAND. 36. Power to acquire land under the Land Acquisition Act 37. Power to purchase or acquire lands specified in the development plan 39. Right to compensation

CHAPTER –V. SPECIAL PROVISIONS REGARDING NEW TOWN DEVELOPMENT AUTHORITY 40. Disposal of land by new town development authority. 41. Power to make agreement for provision of services. 42. Contributions by new town development authority towards expenditure of local authority and statutory body. 43. Advances and payments by Government to the new town development authority. 44. Power of the new town development authority to borrow and lend.

CHAPTER –V. SPECIAL PROVISIONS REGARDING NEW TOWN DEVELOPMENT AUTHORITY 45. Transfer of undertaking of new town development authority. 46. Combination and transfer of functions of new town development authority

CHAPTER – VI. CONTROL OF DEVELOPMENT AND USE OF LAND. 47. Use and development of land to be in conformity with development plan. 47-A. Development of land in an area other than planning area. 48. Restrictions on buildings and lands, in the area of the planning authority. 49. Application for permission. 50. Duration of permission. 51. Exemption for works in progress. 52. Obligation to acquire land or building on refusal of permission or on grant of permission in certain cases. 53. Compensation for refusal of permission or grant of permission subject to conditions in certain cases. 54. Power of revocation and modification of permission to development. 55. Bar of claim to compensation in certain cases. 56. Power to require removal of unauthorised development. 57. Power to stop unauthorised development.

58. Development undertaken on behalf of any State Government or Central Government or local authority. CHAPTER – VII. LEVY, ASSESSMENT AND RECOVERY OF DEVELOPMENT CHARGES 59. Levy of development charges: Subject to the provisions of this Act and the rules made there under, every planning authority shall levy charges on the institution of use or change of use of land or building or development of any land or building for which permission is required under this Act. 60. Rates of development charges: (a) in the case of development of land, at a rate to be prescribed per hectare for that area; (b) in the case of development of building, at a rate to be prescribed per square metre of floor are for that area:

CHAPTER – VII. LEVY, ASSESSMENT AND RECOVERY OF DEVELOPMENT CHARGES 61. Assessment of development charges. 62. Power of local authority to collect development charges.- Every local authority in the area of a planning authority shall, in regard to the planning area lying within the jurisdiction of such local authority, collect all development charges. 63. Recovery of development charges CHAPTER – VIII FINANCE 64. State Town and Country Planning and Development Fund. 65. Funds.-Every planning authority shall maintain a separate Fund called “the Planning and Development Fund Account”. 66. Subventions and loans to the Board and the planning authorities.- The Government may, from time to time, make subventions or advance loans to the planning authorities. 67. Utilisation of Funds. 68. Budget of the planning authority. 69. Accounts and Audit.- (1) Every planning authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet. 70. Annual reports

CHAPTER – IX.

CHAPTER – X

TRIBUNAL AND ITS STAFF AND FUNCTIONS.

APPEAL, REVISION AND REVIEW

71. Constitution of Tribunal.-The Government may constitute as many Tribunals as may be necessary for deciding disputes. (2) The Tribunal shall consist of one person only who shall be a Judicial Officer. (3) The Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act V of 1908). (4) Each Tribunal shall have jurisdiction over such area, as the Government may determine. 72. Officers and servants of Tribunal 73.Inquiry into claims and award of compensation.- The Tribunal shall proceed to inquire in the prescribed manner. 74. Method of awarding compensation: In determining the amount of compensation, the Tribunal shall be guided, so far as may be, by the provisions of sections 23 and 24 of the Land Acquisition Act, 1894

76. Appeal to the Director 77. Appeal to the Tribunal 78. Revision by the District Court.- The District Court may, of its own motion or on an application, call for an examine the record of any Tribunal. 79. Appeal to the prescribed authority. 80. Revision 80-A. Special Powers of Government.Notwithstanding anything contained in section 80, the Government may, on application, call for and examine the records of the appropriate planning authority. 81. Review 82. Execution of orders passed in appeal, revision or review.- Any order passed by the Director, Tribunal, the District Court, the Government or the prescribed

CHAPTER – XI. PENALTIES 83. General provision regarding penalties specified in the Schedule. Whoever contravenes any provision of any of the sections specified. 84. Disobedience of summons, requisitions, etc., and refusal to give information. 85. Restoration of property to original state where it is dealt with in contravention of section 47 or 48 86. General provision for punishment of offences. 87. general provision for punishment for breach of provisions of the development plan

CHAPTER – XIII. RULES & REGULATIONS

90. Power of Government to call for records and pass orders 91. Delegation of powers 92. Power of Government to issue orders and directions to subordinate officers. 93. Consultation with other authorities 96. Duties of Police Officers 97. Duties of Village Officers 99. Registration of document, plan or map in connection with development plan other than detailed development plan not necessary. 101. Bar of jurisdiction of Courts 102. Indemnity.- No suit or other proceeding shall lie against the Government for any act done or purporting to be done under or in pursuance of this Act. 103. Validation of acts and proceedings 104. Returns and reports. 105. Act to override contract and other laws. 106. Power of entry, etc 121. Transfer of proceeding from one planning authority to another

VIOLATION OF THE ACT

AMENDMENTS FOR EFFECTIVE ENFORCEMENT Section-56 Of Tamilnadu Town And Country Planning Act 1971 Existing Section 56(4)(a) “The notice shall not be of any effect pending the determination or withdrawal of the applicant”. Proposed Section 56(4) (a) “On receipt of application under Section-49 the concerned Authority may stay the operation of the notice for such time as is deemed reasonable”.

Section-57 of Town and Country Planning Act 1971

Section-85 Introduction of Section-85 (3) “The unauthorized reconstruction of the building wholly or partly removed under Section 56(5) (b) or Section 57(3) or 85(2)(a) shall be punishable with simple imprisonment for a term not less than 1 month and not exceeding 3 months”.

Deletion of Section-113 Existing provision “Notwithstanding anything contained in this Act, the Government may, subject to such conditions as they deem fit, by notification, exempt any land or building or class of land or buildings from all or any of the provisions of this Act or rules or regulations made there under”.

Introduction of Section 57 (3) “Where in contravention of notice served under Section-57 (1) any further construction is undertaken such construction shall be removed without any further notice”.

REFERENCES:

The Hindu Directorate of Town & Country Planning,Tamil Nadu(Website) DEVELOPMENT CONTROL RULES AND BYELAWS IN TAMILNADU

M. SUBASH CHANDIRA Chief Urban Planner and Member, CMDA; Chairman ITPI TNRC, Chennai

THANK YOU

K.V.ABHISHEK MURP – I