CHENNAI-600 008, Duted:2 05,2009. Sub: CMDA - APU ~RT & Appeal Division — Further instructions on Enforcemeht action and demolition with reference to amended T.N.Act 61 of 2008 dt2.12.2008 - Delegation of powers to Local Bodies within CMA ~ Orders issued ~ Regarding. Refi 1. Proc.No-Misc./13198/85-9, dated 03:02,1986, Proc. No. Misc./13198/85, dated 12.03.1986. Prov. No Misc./1607/82, dated 24.01.1991. Circular No.ES3/19459/97, dated 28.02.1998. Circular No.RT1/12399/05, dated 27.04.2005. Proc. No.RT1/12393/08, dated 06.06.2005. Proc. No.RT/3039/2008A-D, dated.04,09,2008., ~ G.O.Ms.No.253, H&UD Dept, dated 40.12.2008, Authority Resofution:A.R.No. 7/2009, dated.22,01.2009. Yer AwAw EY ORDER: In exercise of powers under sub-section 3.of Section 9(c) of T&CP Act 1971, the CMDA by its proceedings cited has defegated powers to the local bodies. under various sections of T&CP Act 1971. Such delegation Includes powers for issue of Planning Permission as per DR’s and also to take action against the unauthorised/deviated constructions. This delegations empowers the focal bodies in CMA to take. punitive action against unauthorised/deviated constructions, which includes demolition proceedings. 2. In order to have effective action against the unauthorised/deviated constructions. and to curb the same, certain draft amendments to T&CP Act 1971 were approved by the Authority in A.R.No.30/2008 dated 29.01.2008. The draft amendments to T&CP Act were sent to Government for making necessary amendments to the T&CP Act 1971. The proposed amendments were. placed before the Legislative Assembly by the Government and the Assembly approved the amendments. with certain modifications vide Tamit Nadu Act 61 of 2008. The same have been published In the Tamil Nadu Gowemment Gazette Extraordinary) dated 02.12.2008. The Government havé issued orders in G.O.Ms.No.253, H&UD Dept., dated 10.12.2008 forwarding the amended Tamil Nadu: Act 61 of 2008 and the Act had come into force with effect from 10.12.2008. 3. In the light of amendment to T&CP Act-1971, action has to be taken against the unauthorised constructions including locking and sealing of the premises which are under progress/commenced. Such action shail be taken up as per the amended Tamil Nadu Act 61 of 2008. The relavent notifications of Tamil Nadu Governmient Gazette (Extraordinary) dated 27.07.2008 and 02.12.2006 are enclosed. All Local Bodies viz, Corporation, Municipalities, Town Panchayats and Panchayat Unions within CMA are hereby delegated powers to act upon the amended T.N. Act 61 of 2008.4.. The revised formats of iocking, sealing and demolition notice are. . enclosed: “The: Sainte shall be adopted with suitable modifications. 5. The above instructions/guidelines shall be followed scrupulously. ‘Scli-XXXX TARY. Enck: 1. Govt. Gazette Notification dated 27.07.2008 and 2.12.2008(emended T.N. Act 61 of 2008). 2. Formats of Locking, sealing and demolition notice. to The Commissioner, Corporation of Chennai, Chennai-3. The Executive Engineer, 1 to X Zones — within Corporation of Chennsi. The Commissioners/Executive Officers, All Municipaitties in CMA. The Executive Oficers, Ail Town Panchayats in CMA. The Commissioners, Ail Panchayat Unions in CMA. wayne | The Principal Secretary, H&UD Dept., Secretariat, Chennai-9. The Principal Secretary, Rural Development Dept., Chennai-9. The Secretary, MAWS Dept., Chennai-9. The Director, Municipal Administration, Chennai-5. The Commissioner of Town Panchayat, Kuralagam, Chennai, “The Director; Rural Development and Panchayat Raj; Panagal Building, Chennai-15. . The Coliector, Chennai, Thiruvaliur and Kancheepuram District. PS. to Vice-Chairperson, GC! ‘PS. to Member-Secretary, MDA. 40. P.C, to Member & Chief Planner, CMDA. 44.P.C. to Chief Planner, Enforcement Cell, CMDA. 12: P.C. to Senior Planner, RT & A Division, CMDA. ees Oman UTrue copyl/Forwarded/By orderit ‘ Fan RR? ASSISTANT °FOe. [Regd: No, TNICCNI17/2006-08. [Price: Rs. 3.20 Paise. TAMIL NADU GOVERNMENT GAZETTE . EXTRAORDINARY "PUBLISHED BY AUTHORITY . CHENNAI, SUNDAY, JULY 27, 2008 § __- Aadi 12, Thiruvatiuvar Aandu~2039 Part V—Section 2 Tamil Nada Acts and Ordinances : CONTENTS Pages . “ORDINANCE; | No.4 oF 2008—The Tamil Nadu Laws (Special Provisions) Ordinance, 2008 Bs - 160-186: OTP—1¥.2 Bx; (228) 4 1179} I tetYadu OTPAV2 Ex, (229)—1a TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY AND WHEREAS, in the Special Leave Petitions filed hefore the Supreme Court of India against the above Judgement of High ‘Court of Madras, quashing the above said Tamil’ Nadu Ordinance 1 of 2007 and the said Tamil Nadu Act 39 of 2007, the Supreme Court has ordered that status quo as on 44-12-2007 shall be maintained until further orders and the. petitioners. shail not pass any order of reguiarization in the meantime; ~.. AND WHEREAS, the validity of the said Tamil Nadu Act 39.0f 2007 is Pending before the Supreme Court of India and the said Tamit Nadu Act 39 of 2007 will cease to eperate from the 27th day of July 2008. . AND WHEREAS, there is a need 10 make provisions to deal with deviations which may be marginal or gross in nature in a balanced and just manner without * compromise on the safety and transport mobility but al the same lime keeping in. view the sprit and text of judicial pronouncements; AND WHEREAS, the modern’ requirements of fire safely precautions in commercial and shopping centers should be gone through thoroughly evolving a safsly measure and to make provisions to empower the planning authority suitably; ANO WHEREAS, the cornmities headed by-the retired Supreme Court Judge sought for more time for submiliing report and the Government will require more ine lo consider the ceport of the retired Supreme Courl Judge and there is an urgent need for deferring enforcement action against unauthorized buildings: AND. WI EAS, the purpose and objective of the Tamil Nadu Laws “ Gpecial Provisions) Act, 2007 has not been subserved and it is expedient to have a taw to provide temporary relief to the people of Chennai Metropolitan Planning . Area against such action for a period up to 26th July, 2009 within which various issues referred to above to be finalized; AND WHEREAS, il is expedient to have @ law for a period of one year to provide temporary relief and to minimise hardships and irreparable loss to a large numbé: of people including small traders; AND WHEREAS, the Legislalive Assembly of the Stale is not in session and * the Governor of Tamil Nactu Is satisfied that circumstances exist which render it necessary for him to take immediate action for the purposes hereinafter appearing: NOW, THEREFORE, in exercise of the Powers ‘conferred by clause (1) Afticle 213 of the Constitution, the Governor hereby promulgates the fotlowihg Ordinance:— 1. (t) This Ordinance may be called the Tamil Nadu Laws (Special Provisions) ‘Ordinance, 2008. (2) It extends to the Chennai Metropolitan Planning Area. (3) It shall come into force at once., (4) I shall cease’ to have effect on the expiry of one year from ihe dale of ts commencement, except as respects things done of omilted to be done before - such cesser, and upon such ceséer section 8 of the Tami Nadu General Clauses Act, 182, sixaii apply as if this Ordinance had then been repealed by a Tamil Nadu Act. Shotttitte, extent and commence- ment.TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 2.) In this, Ordinance, uniess ‘the context otherwise requires,— (2) “building rules, regulations and bye-laws" means rules, regulations and bye-laws made under the. Chennai City Municipal Corpération Act, 1919, the . Tamil Nadu District Municipalities Act, 1920 and the Tart Nadu Panchayats Act, 1994 a5 the case may ‘be, rolating to builaings; Area” means the Chennai Metropelitan ified under clause (23-8) of section 2 of the Tamil Nadu Town and Country Planning Act, 1971; (c) “detailed development. plan” means a detailed development pian Spproved under Ihe Tamil Nadu Town’ and Country Planning Act, 1971 in respect of any erea covered under the Chennai Metropolitan Pianning Area: {4} “Development Control Rules” means the Development Controt Rules iar Chennai Melropotilan Planning Area: {®) “Government” means the siela Government (9 Socal authority" means the Chennai City Municipal Corporation Ssiablished under the Chennai City Municipal Corporation Act, 1919 or Municipalities br Town Panchayats (within Chennai Metropolitan Planning Area) established under {he Tamil Nadu Oisltict Municipatities Act, 1920 or Panchayat Unions or Village ~Ponchayats (within Chennai Metropolitan Planning Area) established under the Tamir. Nadu’ Panchayats Act, 1994 or the Chennai Metopotitan Development Authorily constituted under the Tamil Nadu Town and Country Planning Act, 1971, - legally entitled to exercise control in respect of the areas under their respective’ Iutisdictions; (g) *Master Plan” means, the Masier Pian for Chennai Metropolitan Planning Area, published under the: Tami Nadu Town and Country Planning Act, 1971; . (h) “public street” means public street.as defined in clause (37) of secon 2°of the Tamil Nadu Town and Country Planning Act, 1971; {) “punitive action” means action taken by tocat authority within Chennai ~ Metropolitan Planning Area under the relevent law against unauthorized development 2nd shail include demolition, whether in pursuance of court orders ot otherwise; {) “relevant law” means in case of sad colt Chennai Metropaitan Development Auhoriy, the Tamil Nady “own and Country Planning Act, 1971; (i) the Chennai City Municipal Corporation, the Chennat Cty Municipal *Orporation Act, 1919; * _{il) the Municipalities and Town Panchayats, the Tami Nadu Disteict unicipalities Act, 4920; and » Schayats Ao he Panchayal Unions and Vilage Panchayats, the Tami! Nadu archayals ‘Act, 1994; . Tamit Nadu Act IV of 1919, Tamil Nada Act V of 1920. TamilNadu: Act 21 of 1994, TamilNadu cl 35 of 1972, Tamil Nadu Act 35 of 1972, ‘Tami Nadu Act IV of 1919, ‘Tamil Nadu Act V of 1920. Tamil Nadu Act 24 of 1994, amit Nadu Act 35 of 1972, Tamiitada ‘Al 35 of 1972, TamilNadu “Act 39 of 1972, Tamil Nadu Act 36 of 1972, TamilNadu Act IV of, 1949. Tamitady Act V of 1920. Tamil Nadu Act 21 of 1994,, b ‘ TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (“unauthorized development” means use of any land or any bullding ~ of construction of any building carried oul— {) in deviation from any planning permission. or buildirig permit, or. (i) without obtaining any planning permission or buiding permit; or (ii) in contravention of the Tend use zoning under the Master ‘Plan or any approved detaiied development plan; or i +” @¥) in contravention of the Development Gontral Rules for Chennai Neiropotitan Planning Area, building rules, reguialions, bye-laws applicable to ateas within the Chennai Melropoiitas Planning Area, street and by the people in the ‘slum area, Nags | (2) The words and expressions used but not defined herein shall have the 1.38 of meanings respectively assigned to them in the Tamit Nadu Town and Country |b 23. Planning Act, 4971, the Chennai ity Municipal Corporation Act, 1919., the 1 War Tama Nadu Distnet Municipelities Act, 1920 and the Tamil Nadu Panchayats bey 4, 1994 po Nae . vole » |. Modu fae, . ri eo 4 3, (4) Notwithstanding enything contained in any relevant law or any rules, i ‘regulations oF bye-laws made thereunder, the Government shal within a period of i one year from the date of commencement of this Ordinance, take all possible . duc! regard to environment, to finalise norms, policy guidelines and ; _ feasible strategies to deal with the problems of unauthorized developments with pie regard to the under mentioned categories, namely:— + | (a} fand use not conforming to, the Master Plan, detailed development plans of any Planning permission; : : {®) construction in deviation ftom or beyond planning permission or building permit; (a) unauthorized occupation by, the hawkers and street Vendors, in the public street and by the people in slum ares; 50 that the developments of Chennai Metropolitan Planning ‘Area take place in 1 | | . (c) development without any planning permission or building permit; and | a-sustainable and planned manner. (2);Subject to the provisions contained in sub- section (1) and notwithstanding any judgment, ‘decree or order of any court, status quo as on the date of- the commencement af this Ordinance shall be sainiained in respect of the categories of unauthorized development mentioned in sub-section (4). (@) All notices issued by any local authority or any authority empowered under selevant law for initiating action ageinst the categories of unauthorized development mentioned in sub-section (1) prior to 27th day of July 2007 shall be deemed to have Leen Suspended aid no punitive action shall be taken during the said period ‘of one year. (4) Notwithstanding any other provision contained in this Ordinance, the Government may, al ary time, befure the expiry of one year withdraw ine concession given in sub-section (2) or sub-section (3) as the case may be, by nolificalion inthe Tarif Nadu Governnrent.Gazette in respect ofthe categories of unauthorized development :mientioned in sub-section’ (1). and includes unaulhorized occupation by hawkers end street vendors in the public Government to finalise foes and poticy guidelines etc.184 The provigions ‘et Ue Oxtinance fet to appiy in certain codes, Powce we give Sections, TAMIL NADU GOVERNMENT Sans sem AOU GOVERN A Buriag the peried of operation Of this Ordinance, no relief shall be avaiabte under section 3 in respect of the foliowing categories of “neuthorized development, namety—— {a) eay unauthorized development started or sontinued on or after the 27th dey of July 2007, (b) commencement of any activily anywhere in the Chennai Mevopotitan Planning Area in violation Of the provisions of the Master Plan or any detailog development plan on or afer the 27% day of July 2007; ()-unauthorized occupation pee pUblie street except in those cases which 9f covered under clause (@) of sup. mn 25th July 2008,Aigster an W for Chennai Metropolitan Ply “AUSH keaping in view the emerging now dimensions i urban development, and * © TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 185 EXPLANATORY STATEMENT, ennai Metropolitan Planning Area leading to unauthorized developments which are aot tn conformity with the provisions of the Acls, building rules, fegulations and bye-laws in force in the Chennal Metropolitan Planning Area, 2, The Government have constiluted @ commillee headed by a retired Supreme Court Judge 'to.100k into alt aspects of developments and to suggest necessary radiations to the Temit Nady Town and Country Planning Act, 4974 (Tail Nadu Act 35 of 1972). The commnites is looking into the aspects including ard nat aDeG of unauthorized consinscions and unauthorized use of he premises ane vet to submit its recommendation. tis expected inat the recommendations oi (ha commitiee aforesaid May involve substantial amendments to the Fomi Madu Town and Country Piarfaing Act, 1974 {Tamil Nadu Act 35 ‘of 1972) Had suine with retrospective eltgct, ang in Pariicular to the provisions relating to wenscruction and use of the premises, thereby changing the position as obiaining ce under tie sald Aci. Toe Chennai Matrepoiitan Development Authority bas Prepared the dratt ming Area, with the perspective year the linaization of the Master Plarli for Chennai Metropolitan Planning Area, 2626 48 likey to ake some more time, It is. also expected that the Masler Plan tl ‘or Ghennai Metropolitan Planning Ares 2025 may change the present position jn wa development, . 4. A comprehensive policy for the improvement of sium areas and resettlement of the “people. in slum area wherever Recesvary in the Chennai Metropolitan Plany nMors and hawkers in the public streels is contemplated with'a view to evulving 'S in terros of the Master Plan I. Srament may cause avoidable hardship and ireparable loss 19 a large number of People including smail traders, forsc, The validity of the Said “Acl, has-been challenged before lke High Colt, Madras and a Division Bench of High Court, Madras has quashed the said Act, The Government have Wed Spucial Leave petiion before the Supreme Court of tndia against the above dudumient of High “Court, Madras. The Siipreme Court of india has ordered to Maintain the status-quo as on 14-12-2007, Since, the said Tami Nadu Act 39 OF 2007 wilt cesise lo operaig-trom the 27th lay of July. is. x TAMIL NABU GOVERNMENT GAZETTE EXTRAORDINARY negd-lo defer such enforcement action in Chennai Metropolitan Planning Area for ca period of one year, The Government have, therefore, decided to, bring in a feyislalion for the above purpose, ‘ 8. The Ordinance: seeks to give effect to the above decision: an {By order of the Governof) S. DHEENADHAYALAN, Secretary fo Government, Law Ocpartment.5 ° / wcNT OF TAMIL NADU [Regd. No. FN/CCN/117/2006-08. oY 2007 [Price: Rs. 2.40 Paise, TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY pustisheo ay aurnortry 7 224] CHENNAI, FRIDAY, JULY 27, 2007 Aadi_14, Sarvajith, Thiruvalluvar Aandu~2038 Part IV—Section 2 Tamil Nadu, Acts and Ordinances : The ‘following Ordinance which wes promulgated by the Governor on the 27th uty 2007 is hereby published for generat information:— . TAMIL NADU ORDINANCE No. 1 OF 2007. An Ordinance to make special pravisions for Chennal Motropolitan Planning Area tor a poriod of one year and for matters connaciad theremith e Incidental thereto, x WHEREAS, there had been rapid inerease in tho population owing fo industalizaton, Inigralion and various other factors, putting prassuro on land and infeastuchore in eo force, ns and vos ‘bye-laws; 2NO WHEREAS, the Government have constituted a committee headed by a retired Supreme Court Judge to look into all aspécts of devolopments and to suggest necessary modifications lo the Tamil Nadu Town and Country Planning Act, 1971 {Tamil Nadu Act 35 of 1972); “AND WHEREAS, it is expected that the recommendations of the committee aforesaid Tay involve cubstantial amendments to the Tamil Nadu Town and Country Planning Act, 1974 (Tamil Nadu At 36 of 1972) and some with retrospective effect. and in parncaley {0 ING Provisions relating to consiructon and uso of the. premises, thereby changing the i position as obisining now under the said Act: ANO WHEREAS, Chennal Mottopottan Devolopment Aulhorty hos prepared the drat t0 take some more time; AND WHEREAS, It Is expected that the, Master Plan il.for Chennal Metronofiton i “Planning: Area. 2026 may change the present position in urban development: 1-2 Bx, (221)—4 [119) oye.: TAMIL_NADU GOVERNMENT GAZETTE EXTRAORDINARY. Definiions. ‘AND WHEREAS, a comprehonsive policy for improvement of slum areas and aseltoment of the peopte in slum arce wherever NeCeeory in the Chennai Metropolitan . «eng Area Ie contemplated by the Slate Governments i AN WHEREAS, a detailed study of ho Rae ielating to unauthorized occupation ty the vendors and hawkers inthe public steel contemptaled will a view 10 evolving © scheme for roguialing their actives in terms of the Master Pian [ly © : ANG WHEREAS, actién for violation of the, provisions of the frst Master Plan for cee JBtopattan Planning Area in food and Developer” Cr | Rules contained Fe pstore a final view is taken in the mater by Yo “Government shay cause avoidable Hdarip and troparebe 10ss to 2 larga, nomber of ‘people including smal waders: io WIIEREAS. he Legisative Acvombly of tho Sale nol in session and the ote emit Nadu ia slid thot ceumstonces east We fender it necessary Governor oF Te rmetiaie action for the purposes herinafey PP ari ‘NOW, THEREFORE, in exercise of the powers conferred by Caves (0 of Arita 213 of th Goratution, the Governor hereby promulgatas (he Yoflowing. Ordinance" = 4. (4) This Ordinance may be called the, Tami Nad Lave {Special Provisions) Ordinance, 2007. : 2). Ihextonds to the Chonnal Metropotten Planning Area. {By It shall come into force at once: {4) Mt shall ceaee to have elfect on iho ‘expiry of one year from the date of is commencement, except as respects things done Cf mitted to be done before “suc corp, and upon such cesser section 8:01-4he “Famll Nadu General Clauses Act, 1891, Spa apply 93 if this Ordinance had ten been repeated by 3 Tamit Nadu Act 2. (1) Innis Ordinance, unless the content otherwise requires. — {a) “building rules, regulations and pyotaws’ means culos, reguiations ond yo-taws made under we Chennat Cty wait Gorporation Act, $919, the aml Nadie aetel Municipaties Act, 1920 and the Tari Nadu Panchayats. Act, 1094 a6, the case may, be, relating to buildings: {e) “Chennal Metropotian Planting ‘Aiea? means the Chennal Metiopolitan planning Area specified under clause (25-2) of ection 2 of, the. Tamil Nadu Town and ‘County Planning Act, 19715 {@) “detailed dovotopment plait means detatied development plan approved under the Tamil Nadu Town end County Panning Act, 1971,-in respect of any area uiered under the Chennai Metropolitan Planning Area. (4) “Development Control Rules’ mens the Development Con! Rules for Chennai Metropolitan Ptanning Are2: v (2). “Goverment” means the Slate Government, {ty “local authority” means the ChennaiCity Municipal Corporation ‘established uuigor te Channa City Moniipal Corpartion Act "4919 or Munici foathin. Chennai Metropolitan lanning Area) © Municipalities ‘Act, 1920 or Pang Mel i Metre Melropollen Devekopment AMO consti re Couniry Ptanning Act, 1971, legal ehtlied to exercise control in respect aaler thelr respective jurisdictions: . )) *Master Plan’ mens whe; Mastey F7 for Chennai Metropolitan Planning ‘voa, published under the Tamil Nadu-Tows ‘and Country Planning Act 1971: tik street as defined in clause (37) of section 2 of g Ack 197 {hy “pubic street” means pul tne Tamit Nada Town and Country Plans Tam tad ‘Act! of 1891. ‘Tami Nadu Act tw of 1919. “Tamil Nadu Act V of 1920. ‘Tami Nady Ac 28 of 1994. ‘tamil Nadu Act 135 of 1972. ‘Tamil Nadu Act 35 of 1972. ‘Tamil Nadu Act Iv of 1918. “Tami Nasu Act vit 1920. ‘Tarha Nadu Act 21 of 1994. ‘Tamil Nadu Act ‘35 of 1972. Tom Neu Ac ‘3s0h 1972. ‘Too Nady Ack ‘35 of 1972.Vie ~ TAMIL NADU GOVERNMENT GAZETTI EXTRAORDINARY The prowsions of this oto Soy in conta (8) All notices issued by any local authority e¢ any aulhorty empowered under ‘relevant law for initiating action against tie: categories ‘of unauthorized davelopmont ‘mentioned ip eub-section (1) shall be deeméd lo have been suspended and no punilve , acfion shall be takon during the said period of one year. (4) Notwithstanding any other provision contained in this Ordinance, the Government may, at any time, before the expiry of ane year withdraw the concossion givon in suty-seetion (2} oF sub-section (3) us the case may be, by nallficalian in the Tami? Nadu Government Gazelle in respect of the categories of unauthorized development mentioned in sub-section (1) 4. uring We. period of eparation cf this Ordinance, no relief shill be available under seation @ In respect cf the folowing categories of unauthorized development, ~ (2) any unauthorised development started or continued on or after the date of somumenicement of tis Ordinance: {b) commencement of any sclivity anywhere in the Chennai Metropofitan Pia. ting Area in violaion of the provisions of tte Master Plan or any detailed development plant on oF aftor the date of commencement of this Ordinance: (c)- unauthorized occupation on public street except in those cases which are covered under clause (d) of sub-section (1) of .section 3; and (@)removai of poopletin slum area, hawkers and street vendors in accordance with polices of the Govemment, for clearance of land reguiteg for any publle projec. 5. The provisiohs of this Ordinanée shall have ‘etlect notwithstanding anything inconsistent therewith contained in any other law made’ by.the législature of the State for ‘tho time being In force: ‘6. the Govemment may, from time to-time issue such directions to any local ‘authority or any authority under any relevant law as.it may deem fit, for giving effect to the Provisions of this Ordinanco and it.stiall be tho dy of such focat.aulhonlly or quihority fo comply with such directions, Doo > 27th July 2007, ‘SURJIT SINGH BARNALA, . Governor of Tami! Nadi.TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY EXPLANATORY STATEMENT. ‘Tere bas boon rapid increase In the population owing to industrialization migration ‘and various other factors, pulling pressure on land ond intrasiructure in the Chennai Molropoltan Planning Area leading to unauthorized developments which are not in ‘canformity with the provisions of the Acts, building rules, regutalions and bye-tews in force it ta Chennai Metropolitan Planning Area. 2. The Government have constivlad a committee headed by a retired Supreme Gout Judge to look into all aspects of developments and to suggest necessary modifications (0 the Tasril Nadu Tovm and Country Planning Act, 1971 (Tamil Nadu Act eof 1972). The committee wilt took into the aspects including various aspects of Unauthorized constructions and unsulhorized use of the premises. i ts expected that the recommendations af the commilse afurasald may involve substantial amendments to the Tamil Nadu Town dad Country Planning Act, 3971 (Temit Nedu Act 35 of 1972) and some with relre=pective effect, and in particular to the provisions relating to construction and use Of the premises, thereby changing the position as obtaining now under the said Act. * 3, The Chennai Metropolitan Development Authority has propared the draft Master Plan Ii for Chennai Metropolitan Planing Area, with the porspactive year 2026 keeping in viow the einerging new dimensions in urben development, which has been published {or public objections and suggestions giving lime upto 21-$-2007 and the finalization of the Master Plarsl for Chennai Metropolitan Plafining Aven, 2026 is likely lo take some more time, It Is aso expected that the Master Pian It for Chennai Metropolitan Planning ‘Area 2026 may change the present position in urban development. 4. A comprehensive poticy for the improvement of stum areas and resetlement of the people in shure area wherever necessary in the Chennai Metropolitan Planning Arca is contemplated by tha Stale Goverment. 5. Adetalied study of the issues relating to unsulhorized occupation by the vendors and hawkers in the public streats ie contemplated with a view to evolving a scheme for regulating their activitias In terms of the Master Plan fi. 6. "Action for violation of the provisions of the Acts, building rules, regulations, bye {aw in force. in the Chennai Metiopolitan Planning Araa before a final view is laken in the mater by the Government may cause avoidable hardship and imepe‘able loss to a large number of people including small traders. 7, The Government have therafore decided to bring in @ legistetion to protect the ‘ewmers and occupiers from the enforcement action in respect af unauthorized developments in Chennai Metropolitan Planaing Area for a period of one year. 8.” Tho Ordinance seeks fo givo affect to the above decision. {By order of the Governor.) S$. DHEENADHAYALAN, : ‘Secretary (0 Govermentin-charye, Law Deporte.Bet ABSTRACT Act ~ Tainil Nadu ‘Town and Country Planning (Amendment) Act, 2008 (Tamil ‘Nadu Act 61 of 2008) — Date of conmmencement of the Act — Notification - Orders ~ HOUSING AND URBAN DEVELOPMENT (U0-5) DEPARTMENT G.O.(Ms).No.253 Dated: 10.12.2008 GRDER:- ‘ . ‘The following Notification will be published in the Tamil Nadu Government Gazette, Extra-ordinary, dated the 10" December 2008. Ni iON, In exercise of the powers conferred by sub-section (2) of section 1 of the Tamil Nadu Town and Country Planning (Amendment) Act, 2008 (Tamil Nadu Act 61 of 2008), the Governor of Tamil Nadu hereby appoints the 10 day of December 2008, as the date on which the said Act shall come into force. (By Order of the Governor) R. Sellamuthu, Principat Secretary to Government, To ‘The Works Manager, Govt. Central,Press, Chennai - 79. (for publication of the notification in the Extra-ordinary issue of Tamil Nadu Government Gazette) “The Secretary to Governor, Raj Bhavan,.Chennai — 22, ‘The Commissioner of Town and Country Planning, Chennai - 2. 1-The Member-Secretary, Chennai Metropolitan Development Authority, Chennai ~ 8. The Law Department, Chennai - 9. ‘The Finance Department, Chennai ~ 9. Secretary to Chief Miriister, Chennai ~ 9, Senior P.A to Minister (information), Chennai - 9. Law (Correction section) Department, i Chennai ~ 9 (2 copies) _tfen prt Section Officer. 9" (jee // Forwarded / By Order //© NT OF TAMIL RADU {Regd. No. TNICCNI117/2006-08, [Price: Rs. 21.60 Paise. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY CHENNAI, TUESDAY, DECEMBER 2, 2008 Karthigai 17, Thiruvatluvar Aandu-2039 Part IV—Section 2 © Tamil Nadu Acts and Ordinances CONTENTS. 08-—Tamit Nadu Payment of Sataries (Second Amendment) Aol .. Pages, 222-223 No. 46 of 2008—-Tamil Naau Medicare Service Persons and. Medicare Service institutions: @ravention of Vielence sad Bamage or Loss to Property) Act No, 49-0f 2008—Tamil Nadu Value Added Tax (Second Amendment) Act Do..80 of 2008——Tarnit Nadu Value Added Tex (Third Amendment) Act 225-226 227-218 229 No. 81 of 2008--Tamil Nadu Backward Class Christians and Backward Class Muslims (Reservation of Seals in Educational institutions including Private Educational Institutions and of appointments or pasts in the, services under the State). Amendment Act No. 52 of 2008-—~ Ta; Nadu Co-operative So Amendment Aci No. No. No. $5 of 20Q8—Tamit 88 of 2098—Tamit 87, of 2008---Tanul No. Ne. No, 88 of 2808--Tam! No, Ss of 2008—Tamsi No. 60 of 2068-—Tamit No. 61 of 2068—Tamit No, 62 ef 2008—-Tamit DTP1V.2 Ex. (36-4) Nadie New Nadu aga Nada Nadu Ned 2° Munieipal Laws (Severin Amer 59 of 2008—Tami Nadu Appropriation (No.3) Act cieties (Appointment of Special Officers} Second 54 OF 2005—-Cheanal City Police (Extension to the Chennai City Suburban Area) Act, .. Municipal Corporations Laws (Amendment) Act Laws (Special Provisions) Act nt) Panchayals (Eighth Amendment) Act. Panchayats (hiith Amendment) Act .. Sales Tax (Settlement of Arrears) Act Act Fown and Country Planning (Amendment) Act Co-operative Societies (Third Amendment) Act [221} 234:22 244-208 2A7-U8t $254.2865 ' 257-288 259 ag8 283-268 ~ . 207-268 269-273, \ TAMIL NADU GOVERNMENT GAZETTE EXTRAORD ane sorta reat pe wegeranam remanent ng Act of the Tamil Nadu Legistative Assembly received the assent * of the Governor on the 25th November 2008 and is hereby published for general: information: ACT No, @4 OF 2008, . Aa Act further to amond the Tamit Nadu Town and Country Planning Act,-1971., Be it enacted by the Legislative Aesemibly of the Slate of Tamil Nady in the Fitty-ninth Year of the Republic of India as foliows 1. (1) This Act may be called the Tami Nag Town and Country Planning (Amendment) Short tite sna : oo Act, 2008, ’ sonimencee ot mest “ (2) ti shalt come into force ox appoint, wwe date as the Stale Government may, by 96 of the Yemil Nadu Town and Ihe principal Act — tne ) f@ sub-section (1), the expression “ve omitted; three years of such development Ai) after sutssection @), tne follmwing sub-section shal be inserted, namely “2-4) if the owner or occupise. as the case may be, of fand or building has Gok G&G. ntinued, the use of sucis iand or buitsing as requined in ihe notice served under Sebsecton (1, within the time speciied therein, the apprcoriate Planning authority if RrenisCcle satisfied, may (ako action to dlscontinue the use of such long building by ‘ocking and sealing the premises in such manner as may be prescribed icespective of Bere” of any application under section 4 or appeal wader seation 90 oF any litigation Eelere @ coun. ‘the ovmer or eccupies, as the case may be ot such land or building Shall provide security for such seated promises.” “ ad Gi) in-sub-seetion (4), in clause (2), afer the expression “The notice", the expression “except ihe cases cevered by clause (ill) of sub- Section (2)" shalt be inserted. 4. In section 57 of the principal Act (1) Tot sub-section (2), the folowing sub-section shell be substituted, namety:— Section 87, “(2) Where the notice under su " (1) has been servad, the ovmer on the person carrying out any development shalt discanene ne development from the date of sereige of suck notice znd inform the Text of disconiinuance te the appropriate pianning anithcity. (@) alter sub-section (2), the following sub-sections shall be added, natnely:— “(3) ithe owner or the gersen canying out the development has nol discontinued ‘the development os required in the notice sawed under sub-section (1),— Ab} the appropriate planning authority may algo Proceed to seize any construction material, tool, dmachinery, equipment, scaffolding, vehicls or any other thing used for such development anc kept within the site for development, : (©) the material, tgo!, equipment, scaifo! ing, vehicle or any other thing so seized may be confiscated by such planning authority ang sold by auction in such manner NS EN bapeTAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY ag may be prescribed and the sale proceeds shall be credited to the Fund Account Ho claim shalt be mae by the ownar or any other person, on the material, too}, equipment, ‘scaffolding, vehicle or any other Ying confiscated and on the sale proceeds. (4) Where the development as described in clauses (a) (0 (d) of sub-section (1) of section $6 is being carried out, the planning aulhorily may also take ‘nto discontinue the developatent by locking and seating the premises, in such manner ay be prescsibed, ti the production of the planning permission from the apprapdals ‘authority as required under this Act (5) if the owner or the person carrying out the development has nol complied the requirement in ihe notices served under sub-section (1) of Gi, within the period specified therein, the appropriate planning authority may prasceste wo owner for not complying with the notes. (5) If the development as described in clauses (a) to (6) of sua-section (1) of section $8 is discontinued, the provisions under suib-geclions (3) and (4) of section 58 shall apply.” fasenion of 4, After section 80 of the principat At, the following section shall be inserjed, new section namely : SoA, “B0-A. Spacial Powers of Govemment.—(1) Notwithstanding anything contained ia section 80, the Government may, on application, call for and examine the records of the appropriate planning avthorily in respect of sealing of the premises uncer sub-section (GA) of section 86 of under sub-section: (4) af section 57 and i, in any case, it eppears to the Government that aiy such action or decision should be modified, annulled, reversed of remitted for raconsideralion, they may pass orders accordingly: Provides that every appiication to tie Government for the exercise of the powers under this section shall be preferred valhin thiny days from the date of sealing: Provided further tat such application for revision shall be disposed of by the Govesnment within ninely days from the dato of receipt of the application. (2) Mo order prejudicial to any person shall be passed under sub-section (1) unless such person has been given an opportunity ef making his representation. (3) The Government may pass such inferim arder, as they may deem fit, pending the exercise of the powers under sub-section (1) in respect thereol.”. Agvendment of 5, In section 101 of the principal Act, after the expression “in any court of law", selon 101° the expression “and ng injunction shall be granted by any court ‘against the notices served . Jo any parson by thee planning authority under section 86 oF under soction $7 ol Mis Act” shail be added (By order of the. Governor) 8. DHEENADHAYALAN, Secretary to Government. Law Department.