[38
OF 2022] [22nd
June 2022] An Act further to
amend the Tamil Nadu Town and Country Planning Act, 1971. Be it enacted by the
Legislative Assembly of the State of Tamil Nadu in the Seventy-third Year of
the Republic of India as follows:- (1)
This Act may be called the
Tamil Nadu Town and Country Planning (Second Amendment) Act, 2022. (2)
(i) Section 6 shall come
into force at once; and (ii)
All the remaining provisions of this Act shall come into force on such date as
the Government may, by notification, appoint. (1)
in clause (30), after the
expression "or a site for a new town", the expression "or the
chennai metropolitan planning area or any urban planning area" shall be inserted; (2)
after clause (31), the
following clause shall be inserted, namely:- "(31-a)
prescribed means prescribed by rules made under this Act;"; (3)
after clause (46), the
following clauses shall be added, namely:- "(47)
Urban Development Authority means an Urban Development Authority established
under section 9-F; (48)
Urban Planning Area means any urban area
as the Government may, from time to time, specify by notification in the Tamil
Nadu Government Gazette.". "(b)
for sub-section (1), the following
sub-section shall be substituted, namely:- (1)
Any person aggrieved by any
decision or order of the Metropolitan Development Authority under section 49 or
sub-section (1) of section 54 may appeal to the Government.". "CHAPTER-II-B. CONSTITUTION
AND INCORPORATION OF URBAN DEVELOPMENT AUTHORITY FOR URBAN PLANNING AREA AND
SPECIAL PROVISIONS RELATING THERETO. 9-F.
Establishment of Urban Development Authority (1)
With effect from such date
as the Government may, by notification in the Tamil Nadu Government Gazette
appoint in this behalf, there shall be established for any Urban Planning Area
an authority by the name as may be specified therein. (2)
An Urban Development
Authority established under sub-section (1) shall consist of- (a)
eight persons appointed by
the Government of whom- (i)
one shall be the Chairman; (ii)
one shall be the
Vice-Chairman; (iii)
three shall be officers of
the Government; (iv)
one shall be a member of the
State Legislature; (v)
one shall represent trade
and industry in the Urban Planning Area; and (vi)
one shall be the
Member-Secretary. (b)
the Director or his nominee; (c)
the Chief Planner in the
Urban Development Authority; (d)
the Commissioner of
Municipal Corporation of the Urban Planning Area; (e)
the representatives of local
authorities as specified below:- (i)
if there is only one local
authority functioning in the Urban Planning Area, two representatives nominated
by the local authority; (ii)
if there are two or more
local authorities functioning in the Urban Planning Area, such persons not
exceeding four in number as are appointed by the Government, who are members of
such local authorities. 9-G.
Incorporation of Urban Development Authority. An Urban Development
Authority shall be a body corporate and shall have perpetual succession and a
common seal and, subject to such restriction or qualification as may be imposed
by or under this Act or any other law, may sue or be sued in its corporate name
or acquire, hold or dispose of property, movable or immovable, or enter into
contracts and do all things necessary, proper or expedient for the purpose of
its constitution. 9-H.
Functions and powers of Urban Development Authority (1)
Subject to the provisions of
this Act and the rules made thereunder, the functions of an Urban Development
Authority shall be- (i)
to carry out a survey of the
Urban Planning Area and prepare reports on the surveys so carried out; (ii)
to prepare a master plan or
a new town development plan or a detailed development plan referred to, under
sub-section (2) of section 17 or under section 18 or under section 20, as the
case may be, for the Urban Planning Area; (iii)
to prepare an existing land
use map and such other maps as may be necessary for the purpose of preparing
any development plan; (iv)
to cause to be carried out
such works as are contemplated in any development plan; (v)
to designate the whole of
the Urban Planning Area or any part thereof within its jurisdiction as a new
town and to perform the following functions, namely:- (a)
to prepare a new town
development plan for the area concerned; and (b)
to secure the laying out and
development of the new town in accordance with the new town development plan; (vi)
to perform such other
functions as may be entrusted to it by the Government. (2)
An Urban Development
Authority may, by order, entrust to any local authority or other authority as
may be specified in such order, the work of execution of any development plan
prepared by it. (3)
An Urban Development
Authority may by order, authorise any local authority or other authority as may
be specified in such order, to exercise any of the powers vested in it by or
under this Act and may in the like manner withdraw such authority; and the
exercise of any power delegated in this behalf shall be subject to such
restrictions and conditions as may be specified in such order. 9-I.
Provisions of this Act shall apply to
Urban Development Authority subject to certain modifications In
regard to an Urban Development Authority and to any development plan prepared
by it, the provisions of this Act shall apply, subject to the following
modifications, namely:- (1)
in section 2,- (a)
in clause (3), the
expression "and includes an Urban Development Authority established under
section 9-F" shall be added at the end; (b)
in clause (14), after the
expression "new town development authority", the expression "or
an Urban Development authority" shall be substituted; (c)
in clause (30), after the
expression "or a site for a new town", the expression "or an
urban planning area" shall be inserted; (2)
in section 4, after clause
(c), the following clause shall be added, namely:- "(d)
Urban Development Authority."; (3)
in section 16,- (a)
in the first paragraph, for
the expression "Every local planning authority", the expression
"An Urban Development Authority" shall be substituted; (b)
the proviso shall be
omitted; (c)
in the Explanation, for the
expression "local planning authority", the expression "Urban
Development Authority" shall be substituted; (4)
in section 17, for
sub-section (1), the following sub-section shall be substituted, namely:- "(1)
An Urban Development Authority
established under section 9-F shall, within such time as may be prescribed and
after consulting the local authorities concerned, prepare and submit to the
Government, a plan hereinafter called the "master plan", for the
Urban Planning Area or any part of it."; (5)
in section 18, for
sub-section (1), the following sub-section shall be substituted, namely:- "(1)
As soon as may be, after the designation
of the site for a new town under the development plan prepared by an Urban
Development Authority, the said authority shall within such time as may be
prescribed, prepare and submit to the Government, a plan hereinafter called the
"new town development plan" for the site designated for the new town
or any part of it"; (6)
in section 19,- (a)
in sub-section (1), for the
expression "A local planning authority", the expression "An
Urban Development Authority" shall be substituted; (b)
in sub-section (2), for the
expression "the local planning authority", the expression "the
Urban Development Authority" shall be substituted; (7)
in section 20, in clause (f)
of sub-section (1) and clause (f) of sub-section (2), for the expression
"the local planning authority", the expression "the Urban
Development Authority" shall be substituted; (8)
in section 21, for the
expressions "The local planning authority" and "Director",
the expressions "The Urban Development Authority" and
"Government" shall, respectively, be substituted; (9)
for section 22, the
following section shall be substituted, namely:- "22.
Power of Government to require an Urban
Development Authority to prepare a master plan, a new town development plan or
a detailed development plan in respect of any area.- Notwithstanding
anything contained in sections 17, 18, 19 and 21, the Government may, by
notification, require an Urban Development Authority to prepare and submit to
the Government before a fixed date, a master plan, a new town development plan
or the detailed development plan in respect of any area."; (10)
for section 24, the
following section shall be substituted, namely:- "24.
Consent of Government for publication of
notice of preparation of plans. (1)
As soon as may be, after the
master plan, the new town development plan or the detailed development plan has
been submitted by an Urban Development Authority to the Government, but not
later than such time as may be prescribed, the Government may direct the Urban
Development Authority to make such modifications in the master plan, the new
town development plan or the detailed development plan, as they think fit and
thereupon the Urban Development Authority shall make such modifications and
resubmit it to the Government within such time as may be specified by the
Government. (2)
The Government shall, after
the modifications, if any, directed by them have been made, give their consent
to the Urban Development Authority to the publication of a notice under section
26, of the preparation of the master plan, the new town development plan or the
detailed development plan."; (11)
in section 26,- (a)
for the marginal heading,
the following marginal heading shall be substituted, namely:- "Notice of
preparation of master plan, new town development plan or detailed development
plan."; (b)
for the expression
"appropriate planning authority" in three places where it occurs, the
expression "Urban Development Authority" shall be substituted; (c)
for the expression "the
regional plan, the master plan or the new town development plan" in both
the places where it occurs, the expression "the master plan, the new town
development plan or the detailed development plan" shall be substituted; (12)
for section 28, the
following section shall be substituted, namely:- "28.
Approval by Government.- As soon as may
be, after the submission by the Urban Development Authority, of the master
plan, the new town development plan or the detailed development plan, but not
later than such time as may be prescribed, the Government may, after consulting
the Director, either approve the said plan or may approve it with such
modifications, as they may consider necessary, or may return the said plan to
the Urban Development Authority to modify the plan or to prepare a fresh plan
in accordance with such directions as the Government may issue in this behalf
and resubmit it to the Government for approval within such time as the
Government may specify in this behalf."; (13)
in section 30,- (a)
in the marginal heading, for
the expression "regional plan, master plan and new town development
plan", the expression "master plan, new town development plan and
detailed development plan" shall be substituted; (b)
in sub-section (1), for the
expression "a regional plan, a master plan or a new town development
plan", the expression "a master plan, a new town development plan or
a detailed development plan" shall be substituted; (c)
in sub-section (2), for the
expression "the regional plan, the master plan or the new town development
plan", the expression "the master plan, the new town development plan
or the detailed development plan" shall be substituted; (14)
for section 32, the following
section shall be substituted, namely:- "32.
Variation, revocation and modification of
master plan, new town development plan and detailed development plan. (1)
A master plan, a new town
development plan or a detailed development plan of the Urban Development
Authority approved under section 28 may, at any time, be varied or revoked by a
subsequent master plan, new town development plan or detailed development plan,
as the case may be, prepared and approved under this Act. (2)
Once in every five years
after the date on which the master plan for the Urban Planning Area comes into
operation, the Urban Development Authority may, and if so directed by the
Government shall, after carrying out such fresh surveys as may be considered
necessary and in consultation with the local authorities concerned, review the
master plan and make such modifications in such plan wherever necessary and
submit the modified master plan for the approval of the Government. (3)
The provision of sections
26, 28 and 30 with such modifications as may be necessary shall apply to such
modified master plan. (4)
The Government may, at any
time by notification in the Tamil Nadu Government Gazette, vary or revoke, the
master plan, the new town development plan or the detailed development plan, as
the case may be, prepared and approved under this Act."; (15)
in Chapter V,- (a)
for the expressions
"New Town Development Authority", "a new town development
authority", "new town development authority" and "A new
town development authority" wherever they occur, the expressions
"Urban Development Authority", "an Urban Development
Authority", "Urban Development Authority" and "An Urban
Development Authority" shall, respectively, be substituted; (b)
in section 40, in
sub-section (1), for the expression "for securing the development of the
new town in accordance with the new town development plan approved by the
Government under this Act", the expression "for securing the
effective implementation of any of the development plans of the Urban
Development Authority" shall be substituted; (c)
in section 41, for the
expression "within the area of the new town", the expression
"within the Urban Planning Area" shall be substituted; (d)
in section 42, for the
expressions "any new town development authority" and "in
relation to the new town", the expressions "the Urban Development
Authority" and "in relation to the Urban Planning Area" shall,
respectively, be substituted; (e)
in section 44, in
sub-sections (1) and (3), for the expression "for the promotion and
execution of works in the new town development plan made under this Act"
in both the places where it occurs, the expression "for the discharge of
functions assigned to it under this Act" shall be substituted; (f)
section 46 shall be omitted; (16)
in section 76,- (a)
for the expressions
"Director" and "planning authority" wherever they occur,
the expressions "Government" and "Urban Development
Authority" shall, respectively, be substituted; (b)
in sub-section (1), in the
first proviso, for the expression "if he is satisfied", the
expression "if they are satisfied" shall be substituted; (c)
in sub-section (3), in
clause (a), in item (iii), for the expression "as he may think fit",
the expression "as they may think fit" shall be substituted; (d)
in sub-section (5), in the
proviso, for the expressions "in his discretion", "as he thinks
fit" and "to his satisfaction", the expressions "in their
discretion", "as they think fit" and "to their
satisfaction" shall, respectively, be substituted; (17)
in section 77,- (a)
for the expressions
"Director" and "the planning authority concerned" wherever
they occur, the expressions "Government" and "the Urban
Development Authority concerned" shall, respectively, be substituted; (18)
in section 79,- (a)
for the expression
"prescribed authority" wherever it occurs, the expression
"Government" shall be substituted; (b)
for sub-section (1), the
following sub-section shall be substituted, namely:- "(1) Any person aggrieved by any decision or order of an Urban
Development Authority under section 49 or sub-section (1) of section 54 may
appeal to the Government."; (c)
in sub-section (2), for the
expression "if it is satisfied", the expression "if they are
satisfied" shall be substituted; (19)
section 80 shall be omitted; (20)
in section 81, in
sub-section (1), the expression "and 80" shall be omitted; (21)
in section 91, in
sub-section (1), for the expression "except the power of the Government to
make rules", the expression "except the power of the Government to
hear any appeal under section 76 and the power to make rules" shall be
substituted. 9-J.
Relation with Tamil Nadu Water Supply and Drainage Board. (1)
Notwithstanding anything
contained in this Act, an Urban Development Authority shall fully consult and
collaborate with the Tamil Nadu Water Supply and Drainage Board constituted
under the Tamil Nadu Water Supply and Drainage Board Act, 1970 with respect to
any provision regarding water supply or drainage services and matters connected
therewith that may be included in any development plan prepared or to be
prepared under this Act for the Urban Planning Area or any part thereof. (2)
With respect to any such
development plan, the execution of or the carrying out of any work under such
plan shall, in so far it relates to water supply and drainage service or
matters connected therewith, be entrusted to and be the sole responsibility of
the Tamil Nadu Water Supply and Drainage Board, and if any work under such plan
is in the process of being executed or carried out on the date of coming into
force of this section, the Urban Development Authority shall continue and
complete such work in accordance with Tamil Nadu Water Supply and Drainage
Board Act, 1970. "(2)
Where any development charges are levied
or recovered under the provisions of this Chapter in respect of the use or
change of use of land or building or development of any land or building in an
Urban Planning Area, and if any such charge or any part thereof is relatable to
provision for or improvement of water-supply or drainage service, the Urban
Development Authority shall pay over to the Tamil Nadu Water Supply and
Drainage Board constituted under Tamil Nadu Water Supply and Drainage Board
Act, 1970, such charge or part thereof: Provided that if
there is any doubt or dispute about the amount to be paid over, the matter
shall be referred to the Government whose decision thereon shall be
final.". "(1)
The provisions of this Act shall be read
subject to the provisions of the Chennai Metropolitan Water Supply and Sewerage
Act, 1978 and the Tamil Nadu Water Supply and Drainage Board Act, 1970 in
respect of Chennai Metropolitan Planning Area and Urban Planning Areas,
respectively.".Tamil
Nadu Town And Country Planning (Second Amendment) Act, 2022
Section – 2. Amendment of section 2.
In section 2 of the Tamil Nadu Town and Country Planning Act, 1971 (hereinafter
referred to as the principal Act),-
In section 9-D of the principal Act, in clause (18), for sub-clause (b), the
following sub-clause shall be substituted, namely:-
After Chapter II-A of the principal Act, the following Chapter shall be
inserted, namely:-
Section 63-A of the principal Act shall be renumbered as sub-section (1) of
that section, and after sub-section (1) as so renumbered, the following
sub-section shall be added, namely:-
In section 79 of the principal Act, in sub-section (1), for the expression
"the prescribed authority", the expression "an authority as may
be prescribed" shall be substituted.
In section 111 of the principal Act, for sub-section (1), the following
sub-section shall be substituted, namely:-