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

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.

Every regional planning authority, local planning authority

or the new town development authority shall be a body

corporate and shall have perpetual succession and a

common seal and, subject to such restriction or

qualification imposed by or under this Act.

guide, direct and assist the planning authorities

5.Constitution of the board–.

THE CHAIRMAN

Minister in charge

(a) the Minister-in-charge of Local

Administration;

(b)Secretaries to the Government

(c) the Chairman of the Tamil Nadu State

Housing Board

(d) the Chairman of the Tamil Nadu Slum

Clearance Board

(e) three Chief Engineers

(f) three members nominated by the Central

Government

(g) one member to be nominated by the

Tamil Nadu Electricity Board.

(h) the Director of Town and Country

Planning;

(i) the Joint Director of Town and Country

Planning.

(j) four other members nominated by the

Government.

(k) the President of the Chamber of

Municipal Chairman;

(l) the President of the Tamil Nadu

Panchayat Unions Association

THE DIRECTOR OF TOWN AND COUNTRY

PLANNING

6. Functions and powers of the Board

Direct the preparation of Development Plans

Prepare and Furnish reports

PERFORM ANY OTHER FUNCTION WHICH IS

SUPPLEMENTAL, INCIDENTAL OR CONSEQUENTIAL

7. Appointment of committees by the Board

the Board may constitute one or more committees.

8. Incorporation of Town and Country Planning

Authorities

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.

(a) land use

(b) identification of urban and rural growth centre

(c) transport and communication

(d) water-supply & sewage disposal

(e) demarcation, conservation and development

(f) demarcation of objects and buildings of

archaeological or historical interest

(g) areas required for military and defence

purposes;

(h) provision for afforestation, or reforestation,

(i) irrigation, water-supply and hydro-electric works

CHAPTER – III. PLANNING AREAS, PLANNING AUTHORITIES AND PLANS

10. Declaration of regional planning areas,

local planning areas and their

amalgamation and sub-division and

inclusion from other regions and local

areas.-

The Government may, from time to time declare

their intention to specify any area in the State

to be:

a regional planning area

a local planning area

a new town

11. Constitution of town and country

planning authorities

the Government may, in consultation with the

Director, an authority called the “regional

planning authority”, the “local planning

authority”, or the “new town development

authority” which shall consist of:

a) A chairman

b) A deputy director

c) Members of local authorites

d) Members of state legislature

e) A member-secretary

12. Functions and powers of the appropriate

planning authorities

13. Cessation of powers of local authorities in the

designated area

14. Temporary association of persons with the

appropriate planning authority for particular

purposes.

15. Regional plans:

(a) the laying out or relaying out of land

(b) the construction, diversion, extension, alteration,

improvement or closure of

lanes, streets, roads and communications;

(c) the construction, alteration, removal or demolition

of buildings, bridges and

other structures;

(d) the acquisition

(e) the redistribution of boundaries

(f) the disposal by sale, exchange, lease

(g) transport facilities;

(h) water-supply;

(i) lighting;

(j) drainage

(k) reservation of land for public spaces

(l) housing or rehousing of persons

(m) the demarcation of places or objects and

buildings of archaeological or

historical interest or natural scenic beauty

(n) the imposition of conditions and restrictions

CHAPTER – III. PLANNING AREAS, PLANNING AUTHORITIES AND PLANS

16. Preparation of present land and building

use map

17.MASTER PLAN

land use

provision for transportation &

communication

traffic and transportation pattern and traffic

circulation pattern;

the major road and street improvements;

future development

improvement of areas of bad layout

the amenities, services and utilities;

detailed development of specific areas

the control of architectural features

Zoning regulations

stages by which the master plan shall be

carried out;

18. The new town development plan

21. Preparation and submission of the detailed

development plan

22-35. Deal with powers of the Director,Govt

approvals and subsequent operations of

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.

45. Transfer of undertaking of new town

development authority.

46. Combination and transfer of functions of new

town development authority

CHAPTER –V. SPECIAL PROVISIONS REGARDING

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.

TRIBUNAL AND ITS STAFF AND FUNCTIONS.

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 – X

APPEAL, REVISION AND REVIEW

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

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

CHAPTER – XIII. RULES & REGULATIONS

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

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”.

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”.

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