An Ordinance to make Special… Bare Act

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Long title	An Ordinance to make Special Provisions for Chennai Metropolitan Planning Area for a period of one year and for matters connected therewith or incidental thereto.
Type	Ordinance
Citation	No. 35 of 1971
Year	1971
Jurisdiction	State of Tamil Nadu
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	local

TAMILNADU GOVERNMENT GAZETTE © GOVERNMENT OF TAMIL NADU 2007 EXTRAORDINARY [Regd. No. TN/CCN/117/2006-08.

[Price: Rs. 2.40 Paise.

PUBLISHED BY AUTHORITY No. 221] CHENNAI, FRIDAY, JULY 27, 2007 Aadi 11, Sarvajith, Thiruvalluvar Aandu-2038 Part IV-Section 2 Tamil Nadu Acts and Ordinances The following Ordinance which was promulgated by the Governor on the 27th July 2007 is hereby published for general information:- TAMIL NADU ORDINANCE No.1 OF 2007.

An Ordinance to make special provisions forChennai Metropolitan Planning Area for a period of one year and for matters connected therewith or incidental thereto.

WHEREAS, there had been rapid increase in the population owing to industrialization, migration and various other factors, putting pressure on land and infrastructure in the Chennai Metropolitan Planning Area leading to unauthorized developments which are not in conformity with the first Master Plan for Chennai Metropolitan Planning Area in force, the Development Control Rules contained therein and the building rules, regulations and bye-laws;

AND WHEREAS, the Government have constituted a committee headed by a retired Supreme Court Judge to look into all aspects of developments and to suggest necessary modifications to 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 may involve substantial amendments to the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972) and some with retrospective effect, and in particular to the provisions relating to construction and use pf the premises, thereby changing the position as obtaining now under the said Act;

AND WHEREAS, it is expected that the. Master Plan II for Chennai Metropolitan Planning Area 2026 may change the present position in urban development;

DTP-IV-2 Ex. (221 )-1 [ 119] 120 Short title, extent.

commence mentand duration.

Definitions.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY AND WHEREAS, a comprehensive policy for the improvement of slum areas and' resettlement of the people in slum area wherever necessary in the Chennai Metropolitan Planning Area is contemplated by the State Government;

AND WHEREAS, a detailed study of the issues relating to unauthorized occupation by the vendors and hawkers in the public street is contemplated with a view to evolving a scheme .lor regulating their activities in terms of the Master Plan II;

AND WHEREAS, action for violation of the provisior;.s of the first Master Plan for Chennai Metropolitan Planning Area in force and Development Control Rules contained therein, before a final view is taken in the matter by the Government may cause avoidable hardship and irreparable loss to a large n\lmber of people inClUding small traders;

AND WHEREAS the Legislative Assembly of the State is not in session and the Governor OT Tamil Nadu 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 cl?use (1) of Article 213 of the Constitution, the Governor hereby promulgates the following Ordinance:-

1. (1) This Ordinance maybe called the Tamil Nadu Laws (Special Provisions) Ordinance, 2007.

(2) It extends to the Chennai Metropolitan' Planning Area.

(3) It shall come into force at once.

(4) It shall cea8'~ to have effect on the expiry of one year from the date of its commencement, except as respects things done or omitted to be done before SUC~I cesser, and upon such cesser section 80Hhe Tamil Nadu General Clauses Act, 1891, shall apply as if this Ordinanc~ had then been repealed by a Tamil Nadu Act.

2. (1) In this Ordinance, unless the context otherwise requires,-

(a) "building rules, regulations and bye-laws" means (ule~. regulations and bye-laws made under the Chennai City Municipal Corporation Act. 1919, ~he Tamil Nartu District Municipalities Act, 1920 and the Tamil Nadu Panchayats Act, 1994 as. the case may be, relating to buildings;

(b) "Chennai Metropolitan Plannmg Area" means the Chennai Metropolitan Planning Area specified under clause (23-a) of section 2 of. the Tamil Nadu Town and Country Planning Act, 1971;

(c) "detailed development plan" means a detailed development plan approved under the Tamil Nadu Town and Country Planning Act, 1971, in respect of any area covered under the Chennai Metropolitan Planning Area;

(d) "Development Control Rules" means the Development Control Rules for Chennai Metropolitan Ptanning Area;

(e) "Government" means the State Government;

(f) "local authority" means the Chennai City Municipal Corporation established under the Chennai City Municipal Corportion Act, 1919 or Municipalities or Town Panchayats (within Chennai Metropolitan Planning Area) established under the Tamil Nadu District Municipalities' Act, 1920 or Panchayat Unions or Village Panchayats (within Chennai Metropolitan Planning Area) established under the Tamil Nadu Pa.nchayats Act, 1994 or the Chennai Metropolitan Development Authority constituted under the Tamil Nadu Town and Country Planning Act, 1971, legally entitled to exercise control in respect of the areas under their respective jurisdictions; .

(g) "Master Plan" means the Master Plan for Chennai Metropolitan Planning Area, published under the Tamil Nadu Town and Country Planning Act, 1971;

(h) "public street" means public street as defined in clause (37) of section 2 of the Tamil Nadu Town and Country Planning Act, 1971;

I ••• -- •••• ------~, I Tamil Nadu Act I of

1891.

Tamil Nadu Act IV of 1919.

Tamil Nadu Act V of 1920.

Tamil Nadu Act 21 of 1994.

Tamil Nadu Act 35 of 1972.

Tamil Nadu Act IV of 1919.

Tamil Nadu Act V of 1920.

Tamil Nadu Act 21 of 1994.

Tamil Nadu Act 35 of 1972.

Tamilr-J'adu Act 35' of 1972.

Tamil Nadu Act 35 of 1972.

Tamil NaduAct 35 of 1972.

Tamil NaduAct IV of 1919.

TamilNaduAct V of 1920.

TamilNaduAct 21 of 1994.

TAMIL NADU GOVEHNMENT GAZETTE EXTRAORDINARY

(i) "punitive action" means action taken by local authority within Chennai Metropolitan Planning Area under the relevant law against unauthorized development and shall include demolition, whether in pursuance of court orders or otherwise;

U) "relevant law" means in case of- Tamil NaduAct (i) the Chennai Metropolitan Development Authority, the Tamil Nadu Town 35 of 1972. and Country Planning Act, 1971; , TamilNaduAct (ii) the Chennai City Municipal Corporation, the Chennai City Municipal IV of 1919. Corporation Act, 1919;

Tamil NaduAct (iii) the Municipalities and Town Panchayats, the Tamil Nadu District V of 1920. Municipalities Act, 1920; and ramil NaduAct (iv) the Panchayat Unions and Village Panchayats, the Tamil Nadu 21 of 1994. Panchayats Act, 1994;

(k) "unauthorized development" means use of any land or any building or construction of any building carried out,-

(i) in deviation from any planning permission or building permit; or

(ii) without obtaining any planning permission Or building permit; or

(iii) in contravention of the land use zoning ,under the Master Plan or any approved detailed development plan; or

(iv) in contravention of the Development Control Rules for Chennai Metropolitan Planning Area, building rules, regulations, bye-laws applicable to areas within the Chennai Metropolitan Planning Area; .

and includes unauthorized occupation by hawkers and street vendors in the public street and by the people in the slum area;

(2) The words and expressions used but not defined herein shall have the meanings respecitively assigned to them in the Tamil Nadu Town and Country Planning Act, 1971, the Chennai City Municipal Corporation Act, 1919, the Tamil Nadu District Municipalities Act, 1920 and the Tamil Nadu Panchayats Act, 1994.

3. (1) Notwithstanding anything contained in any relevant law or any rules, regulations or bye-laws made thereunder, the Government shall within a period of one year from the date of commencement of this Ordinance, take all possible measures, with due regard to environment, to finalise norms, policy guidelines and feasible strategies to deal with the problems of unauthorized developments with regard to the under mentioned categories, namely:-

(a) land use not conforming to, the Master Plan, detailed development plans or any planning permission;

(b) construction in deviation from or beyond planning permission or building permit;

(d) unauthorized occupation by the hawkers and street vendors, in the public street and by the people in slum area, so that the development of Chennai Metropolitan Planning Area take place in 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 of this Ordinance shall be maintained in respect of the categories of unauthorized development mentioned in sub-section (1).

I". -- •••• -----~.., I 121 Government to finalise norms and policy guidelinesetc.

122 The provIsions of this Ordinance not to apply in certain cases.

Ordinance to over-ride other laws.

Power to give directions.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDI NARY

(3) All notices issued by.any local authority or any authority empowered under relevant law for initiating action against the' categories' of unauthorized development mentioned in sub-section (1) shall be deemed to have been suspended and no punitive.

action shall be taken during the said p~riod of one year.

(4) Notwithstanding any other provision contained in this Ordinance, the Govemment may, at any time, before the expiry of one year withdraw the concession given in sub-section (2) or sub-section (3) as the case may be, by notification in the Tamil Nadu Government Gazette in respect of the categories of unauthorized development mentioned in sub-section (1)..

4. During the period of operation of this Ordinance, no relief shall be available under section 3 in respect of the following categories of unauthorized development, namely:-

(a) any unauthorised development started or continued on or atter the date of commencement of this Ordinance;

(b) commencement of any activity anywhere in the Chennai Metropolitan Planning Area in violation of the provisions of the Master Plan or any detailed development plan on or atter 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

(d) removal of people'in slum area, hawkers and street vendors in accordance with policies of the ~v~rnmeflt, for clearance of land r~uired for any public project.

5. The provisions of 'this Ordinance shall ha\Ie 'ettectOotwithstanding anything inconsistent therewith contained in any other law made by, the legislature of theStat~ for the time being in force.

6. the Government may, from time to time issue such directions to any local authority or any authority under any retevant.law a$,it may deem fit. for giving effect to the provisions of this Ordinance and itstiall be the Ql,Ayof sucb.locaIauthority OfCJUthOrity to comply with such directions ..

I - '1'---- .

;, 27th July 2007, SURJIT SINGH BARNALA, Governor of Tamil Nadu.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY EXPLANATORY STATEMENT.

There has been rapid increase in the population owing to industrialization migration and various other factors, putting pressure on land and infrastructure in the Chennai Metropolitan Planning Area leading to unauthorized developments which are not in conformity with the provisions of the Acts, building rules, regulatjons and bye-laws in force in the Chennai Metropolitan Planning Area.

2. The Government have constituted a committee headed by a retired Supreme Court Judge to look into all aspects of developments and to suggest necessary modifications to the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972). The committee will look into the aspects including various aspects of unauthorized constructions and unauthorized use of the premises. It is expected that the recommendations Qf the committee aforesaid may involve substantial amendments to the Tamil Nadu Town and"Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972) and some with retrospective 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 prepared the draft Master Plan II for Chennai Metropolitan Planning Area, with the perspeCtive year 2026 keeping in view the emerging new dimensions in urban developm~nt, which has been published for public objections and suggestions giving time upto 31-8-2007 and the finalization of the Master Plan-II for Chennai Metropolitan Planning Area, 2026 is likely to take some more time. It is also expected that the Master Plan II for Chennai Metropolitan Planning Area 2026 may change the present position in urban development.

4. A comprehensive policy for the improvement of slum areas and resettlement of the people in slum area wherever necessary in the Chennai Metropolitan Planning Area is contemplated by the State Government.

5. A detailed study of the issues relating to unauthorized occupation by the vendors and hawkers in the public streets is contemplated with a view to evolving a scheme for regulating their activities. in terms of the Master Plan II.

6. Action for violation of the provisions of the Acts, building rules, regulations, bye laws in force in the Chennai Metropolitan Planning Area before a final view is taken in the matter by the Government may cause avoidable hardship and irreparable loss to a large number of people including small traders.

7. The Government have therefore decided to bring in a legislation to protect the owners and occupiers from the enforcement action in respect of unauthorized developments in Chennai Metropolitan Planning Area for a period of one year.

8. The Ordinance seeks to give effect to the above decision.

(By order of the Governor.)

S. DHEENADHAYALAN, Secretary to Govemment-in-charge, Law Department.

PRINTED AND PUBLISHED.BY THE COMMISSIONER OF STATIONERY AND PRINT1NG,CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU DTP-IV-2 Ex. (221 )--2 123 © GOVERNMENT OF TAMIL NADU [Regd. No. TN/CCN/467/2009-11.

2009 [Price: Rs. 3.20 Paise.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY No. 187] CHENNAI, MONDAY, JULY 27, 2009 Aadi 11, Thiruvalluvar Aandu–2040 Part IV—Section 2 Tamil Nadu Acts and Ordinances [ 31 ]IV-2 Ex. (187)—1 An Ordinance to make Special Provisions for Chennai Metropolitan Planning Area for a period of one year and for matters connected therewith or incidental thereto.

WHEREAS, there had been rapid increase in the population owing to industrialization, migration and various other factors, putting pressure on land and infrastructure in the Chennai Metropolitan Planning Area leading to unauthorized developments which are not in conformity with the First Master Plan for Chennai Metropolitan Planning Area in force, the Development Control Rules contained therein and the Building Rules, regulations and bye laws;

AND WHEREAS, it is expected that the recommendations of the Committee aforesaid may involve substantial amendments to the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972) and some with retrospective 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;

The following Ordinance which was promulgated by the Governor on the 25th day of July 2009 is hereby published for general information :— TAMIL NADU ORDINANCE No. 2 OF 2009.

32 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY AND WHEREAS, Chennai Metropolitan Development Authority has prepared the Draft Master Plan II for Chennai Metropolitan Planning Area, with the perspective year 2026 keeping in view the emerging new dimensions in urban development, which has been published for public objections and suggestions giving time upto 31-8-2007.

The Draft Master Plan II after public consultation and modification as suggested by the Government was resubmitted to Government on 29th February 2008. The Government have approved the said Draft Master Plan II for Chennai Metropolitan Planning Area, 2026 and the same has been published in the Tamil Nadu Government Gazette Extraordinary, dated the 2nd September 2008. The various ramifications of the approved Master Plan II for Chennai Metropolitan Planning Area, 2026 are under consideration of the six sectoral committees formed for the purpose;

AND WHEREAS, a comprehensive policy for the improvement of slum areas and resettlement of the people in slum area wherever necessary in the Chennai Metropolitan Planning Area is contemplated by the State Government;

AND WHEREAS, a detailed study of the issues relating to unauthorized occupation by the vendors and hawkers in the public street is contemplated with a view to evolving a scheme for regulating their activities;

AND WHEREAS, action for violation of the provisions of the First Master Plan for Chennai Metropolitan Planning Area in force and Development Control Rules contained therein, before a final view is taken in the matter by the Government may cause avoidable hardship and irreparable loss to a large number of people including small traders;

AND WHEREAS, the Tamil Nadu Laws (Special Provisions) Ordinance, 2007 (Tamil Nadu Ordinance 1 of 2007), which was replaced by the Tamil Nadu (Special Provisions) Act, 2007 (Tamil Nadu Act 39 of 2007), was challenged before the High Court of Madras, and it was quashed by a Division Bench of the High Court of Madras;

AND WHEREAS, in the Special Leave Petitions filed before 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 14-12-2007 shall be maintained until further orders and the petitioners shall not pass any order of regularization in the meantime;

AND WHEREAS, the validity of the said Tamil Nadu Act 39 of 2007 is pending before the Supreme Court of India and the said Tamil Nadu Act 39 of 2007 ceased to operate on 26th day of July 2008 and in order to maintain the status quo as ordered by the Supreme Court of India, the Government have enacted the Tamil Nadu Laws (Special Provisions) Act, 2008 (Tamil Nadu Act 56 of 2008), which would also cease to operate from the 27th day of July 2009;

AND WHEREAS, there is a need to 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 at the same time keeping in view the spirit and text of judicial pronouncements;

AND WHEREAS, the modern requirements of fire safety precautions in commercial and shopping centers should be gone through thoroughly evolving a safety measure and to make provisions to empower the planning authority suitably;

AND WHEREAS, the committee headed by a retired Supreme Court Judge is yet to submit its report and the Government will require more time to consider the report of the retired Supreme Court Judge and there is an urgent need for deferring enforcement action against unauthorized buildings;

AND WHEREAS, the purpose and objective of the Tamil Nadu Laws (Special Provisions) Act, 2008 has not been subserved and it is expedient to have a law to provide temporary relief to the people of Chennai Metropolitan Planning Area against such action for a period up to 26th July, 2010 within which various issues referred to above to be finalized;

AND WHEREAS, it is expedient to have a law for a period of one year to provide temporary relief and to minimize hardships and irreparable loss to a large number of people including small traders;

33TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY AND WHEREAS, the Legislative Assembly of the State is not in session and the Governor of Tamil Nadu 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) of Article 213 of the Constitution, the Governor hereby promulgates the following Ordinance:—

1. (1) This Ordinance may be called the Tamil Nadu Laws (Special Provisions) Ordinance,

2009.

(2) It extends to the Chennai Metropolitan Planning Area.

(3) It shall come into force at once.

(4) It shall cease to have effect on the expiry of one year from the date of its commencement, except as respects things done or omitted to be done before such cesser, and upon such cesser section 8 of the Tamil Nadu General Clauses Act, 1891, shall apply as if this Ordinance had then been repealed by a Tamil Nadu Act.

2. (1) In this Ordinance, unless the context otherwise requires,—

(a) "building rules, regulations and bye-laws" means rules, regulations and bye-laws made under the Chennai City Municipal Corporation Act, 1919, the Tamil Nadu District Municipalities Act, 1920 and the Tamil Nadu Panchayats Act, 1994 as the case may be, relating to buildings;

(b) "Chennai Metropolitan Planning Area" means the Chennai Metropolitan Planning Area specified under clause (23-a) of section 2 of the Tamil Nadu Town and Country Planning Act, 1971;

(d) "Development Control Rules" means the Development Control Rules for Chennai Metropolitan Planning Area;

(e) "Government" means the State Government;

(f) "local authority" means the Chennai City Municipal Corporation established under the Chennai City Municipal Corporation Act, 1919 or Municipalities or Town Panchayats (within Chennai Metropolitan Planning Area) established under the Tamil Nadu District Municipalities Act, 1920 or Panchayat Unions or Village Panchayats (within Chennai Metropolitan Planning Area) established under the Tamil Nadu Panchayats Act, 1994 or the Chennai Metropolitan Development Authority constituted under the Tamil Nadu Town and Country Planning Act, 1971, legally entitled to exercise control in respect of the areas under their respective jurisdictions;

(g) "Master Plan" means the Master Plan for Chennai Metropolitan Planning Area, published under the Tamil Nadu Town and Country Planning Act, 1971;

(h) "public street" means public street as defined in clause (37) of section 2 of the Tamil Nadu Town and Country Planning Act, 1971;

Short title, extent and commencement.

Tamil Nadu Act I of 1891.

Tamil Nadu Act IV of 1919.

Tamil Nadu Act V of 1920.

Tamil Nadu Act 21 of 1994.

Tamil Nadu Act 35 of 1972.

Tamil Nadu Act IV of 1919.

Tamil Nadu Act V of 1920.

Tamil Nadu Act 21 of 1994.

Tamil Nadu Act 35 of 1972.

Definitions.

Tamil Nadu Act 35 of 1972.

34 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(j) "relevant law" means in case of—

(i) the Chennai Metropolitan Development Authority, the Tamil Nadu Town and Country Planning Act, 1971;

(ii) the Chennai City Municipal Corporation, the Chennai City Municipal Corporation Act, 1919;

(iii) the Municipalities and Town Panchayats, the Tamil Nadu District Municipalities Act, 1920; and

(iv) the Panchayat Unions and ViIlage Panchayats, the Tamil Nadu Panchayats Act, 1994;

(k) "unauthorized development" means use of any land or any building or construction of any building carried out,—

(i) in deviation from any planning permission or building permit; or

(ii) without obtaining any planning permission or building permit; or

(iii) in contravention of the land use zoning under the Master Plan or any approved detailed development plan; or

(iv) in contravention of the Development Control Rules for Chennai Metropolitan Planning Area, building rules, regulations, bye-laws applicable to areas within the Chennai Metropolitan Planning Area;

and includes unauthorized occupation by hawkers and street vendors in the public street and by the people in the slum area.

(2) The words and expressions used but not defined herein shall have the meanings respectively assigned to them in the Tamil Nadu Town and Country Planning Act, 1971, the Chennai City Municipal Corporation Act, 1919, the Tamil Nadu District Municipalities Act, 1920 and the Tamil Nadu Panchayats Act, 1994.

(a) land use not conforming to, the Master Plan, detailed development plans or any Planning permission;

(b) construction in deviation from or beyond planning permission or building permit;

(d) unauthorized occupation by, the hawkers and street vendors, in the public street and by the people in slum area, so that the developments of Chennai Metropolitan Planning Area take place in a sustainable and planned manner.

Tamil Nadu Act IV of 1919.

Government to finalise norms and policy guidelines etc.

Tamil Nadu Act V of 1920.

Tamil Nadu Act 21 of 1994.

Tamil Nadu Act 35 of 1972.

Tamil Nadu Act IV of 1919.

Tamil Nadu Act V of 1920.

Tamil Nadu Act 21 of 1994.

Tamil Nadu Act 35 of 1972.

35TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(3) All notices issued by any local authority or any authority empowered under relevant law for initiating action against the categories of unauthorized development mentioned in subsection (1) prior to 27th day of July 2007 shall be deemed to have been suspended and no punitive action shall be taken during the said period of one year.

(4) Notwithstanding any other provisions contained in this Ordinance, the Government may, at any time, before the expiry of one year withdraw the concession given in sub-section

(2) or sub-section (3) as the case may be, by notification in the Tamil Nadu Government Gazette in respect of the categories of unauthorized development mentioned in sub-section

(1).

4. During the period of operation of this Ordinance, no relief shall be available under section 3 in respect of the following categories of unauthorized development, namely:—

(a) any unauthorised development started or continued on or after the 27th day of July 2007;

(b) commencement of any activity anywhere in the Chennai Metropolitan Planning Area in violation of the provisions of the Master Plan or any detailed development plan on or after the 27th day of July 2007;

(c) unauthorized occupation on public street except in those cases which are covered under clause (d) of sub-section (1) of section 3; and

(d) removal of people in slum area, hawkers and street vendors in accordance with policies of the Government, for clearance of land required for any public project.

5. The provisions of this Ordinance shall have effect notwithstanding anything inconsistent therewith contained in any other law made by the legislature of the State for the time being in force.

6. The Government 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 Ordinance and it shall be the duty of such local authority or authority to comply with such directions.

25th July 2009. SURJIT SINGH BARNALA, Governor of Tamil Nadu.

The provisions of this Ordinance not to apply in certain cases.

Ordinance to over-ride other laws.

Power to give directions.

36 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY EXPLANATORY STATEMENT There has been rapid increase in the population owing to industrialization migration and various other factors, putting pressure on land and infrastructure in the Chennai Metropolitan Planning Area leading to unauthorized developments which are not in conformity with the provisions of the Acts, building rules, regulations and bye-laws in force in the Chennai Metropolitan Planning Area.

The committee is looking into the aspects including various aspects of unauthorized constructions and unauthorized use of the premises and yet to submit its recommendation.

It is expected that the recommendations of the committee aforesaid may involve substantial amendments to the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972) and some with retrospective 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 prepared the draft Master Plan II for Chennai Metropolitan Planning Area, with the perspective year 2026 keeping in view the emerging new dimensions in urban development. The Government have approved the said draft Master Plan-II for Chennai Metropolitan Planning Area, 2026 and the same has been published in the Tamil Nadu Government Gazette Extraordinary, dated the 2nd September

2008. The various ramifications of the approved Master Plan II for Chennai Metropolitan Area 2026 are under consideration of the six sectoral committees formed for the purpose.

6. Action for violation of the provisions of the Acts, building rules, regulations, byelaws in force in the Chennai Metropolitan Planning Area before a final view is taken in the matter by the Government may cause avoidable hardship and irreparable loss to a large number of people including small traders.

7. The Government have, therefore, enacted the Tamil Nadu Laws (Special Provisions) Act, 2007 (Tamil Nadu Act 39 of 2007) so as to defer the enforcement action by the authorities against the violation of laws in force. The validity of the said Act, has been challenged before the High Court, Madras and a Division Bench of High Court, Madras has quashed the said Act. The Government have therefore filed Special Leave petition before the Supreme Court of India against the above Judgement of High Court, Madras. The Supreme Court of India has ordered to maintain the status-quo as on 14-12-2007. Since, the said Tamil Nadu Act 39 of 2007 ceased to operate on 26th day of July 2008 and in order to maintain the status quo as ordered by the Supreme Court of India, the Government have enacted the Tamil Nadu Laws (Special Provisions) Act, 2008 37TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (Tamil Nadu Act 56 of 2008), which would also cease to operate from the 27th day of July 2009. Therefore there is an urgent need to defer such enforcement action in Chennai Metropolitan Planning Area for a period of one year. The Government have, therefore, decided to bring in a legislation for the above purpose.

8. The Ordinance seeks to give effect to the above decision.

(By order of the Governor) S. DHEENADHAYALAN, Secretary to Government, Law Department.

PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU © [Regd. No. TN/CCN/467/2009-11.

GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009.

2010 [Price: Rs. 2.40 Paise.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY No. 222] CHENNAI, TUESDAY, JULY 27, 2010 Aadi 11, Thiruvalluvar Aandu–2041 Part IV—Section 2 Tamil Nadu Acts and Ordinances [ 173 ]DTP-IV-2 Ex. (222) The following Ordinance which was promulgated by the Governor on the 26th July 2010 is hereby published for general information :— TAMIL NADU ORDINANCE No. 1 OF 2010.

An Ordinance to make special provisions for Chennai Metropolitan Planning Area for a period of one Year and for matters connected therewith or incidental thereto.

WHEREAS, there had been rapid increase in the population owing to industrialization, migration and various other factors, putting pressure on land and infrastructure in the Chennai Metropolitan Planning Area leading to unauthorized developments which are not in conformity with the First Master Plan for Chennai Metropolitan Planning Area in force, the Development Control Rules contained therein and the building rules, regulations and bye-laws;

AND WHEREAS, the Government have Constituted a Committee headed by a retired Supreme Court Judge to look into all aspects of developments and to suggest necessary modifications to the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972);

AND WHEREAS, Chennai Metropolitan Development Authority has prepared the draft Master Plan II for Chennai Metropolitan Planning Area, with the perspective year 2026 keeping in view the emerging new dimensions in urban development, which has been published for public objections and suggestions giving time upto 31-8-2007. The draft Master Plan II after public consultation and modification as suggested by the Government was resubmitted to Government on 29th February 2008. The Government have approved the said draft Master Plan II for Chennai Metropolitan Planning Area, 2026 and the same has been published in the Tamil Nadu Government Gazette Extraordinary, dated the 2nd September 2008. The various ramifications of the approved Master Plan II for Chennai Metropolitan Planning Area, 2026 are under consideration of the six sectoral Committees formed for the purpose;

174 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY AND WHEREAS, a comprehensive policy for the improvement of slum areas and resettlement of the people in slum area wherever necessary in the Chennai Metropolitan Planning Area is contemplated by the State Government;

AND WHEREAS, a detailed study of the issues relating to unauthorized occupation by the vendors and hawkers in the public street is contemplated with a view to evolving a Scheme for regulating their activities;

AND WHEREAS, in the Special Leave Petitions filed before the Supreme Court of India against the above Judgment 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 14-12-2007 shall be maintained until further orders and the petitioners shall not pass any order of regularization in the meantime;

AND WHEREAS, the validity of the said Tamil Nadu Act 39 of 2007 is pending before the Supreme Court of India and the said Tamil Nadu Act 39 of 2007 ceased to operate on 26th day of July 2008 and in order to maintain the status quo as ordered by the Supreme Court of India, the Government have enacted the Tamil Nadu Laws (Special Provisions) Act, 2008 (Tamil Nadu Act 56 of 2008), which ceased to operate on the 26th day of July 2009 and subsequent enactment namely, the Tamil Nadu Laws (Special Provisions) Act, 2010 (Tamil Nadu Act 7 of 2010) would also cease to operate from the 27th day of July 2010;

AND WHEREAS, the Committee headed by a retired Supreme Court Judge is yet to submit its report and the Government will require more time to consider the report of the retired Supreme Court Judge and there is an urgent need for deferring enforcement action against unauthorized buildings;

AND WHEREAS, the purpose and objective of the Tamil Nadu Laws (Special Provisions) Act, 2010 has not been subserved and it is expedient to have a law to provide temporary relief to the people of Chennai Metropolitan Planning Area against such action for a period upto 26th July 2011 within which various issues referred to above to be finalized;

AND WHEREAS, it is expedient to have a law for a period of one year to provide temporary relief and to minimize hardships and irreparable loss to a large number of people including small traders;

AND WHEREAS, the Legislative Assmebly of the State is not in session and the Governor of Tamil Nadu 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) of Article 213 of the Constitution, the Governor hereby promulgates the following Ordinance:—

1. (1) This Ordinance may be called the Tamil Nadu Laws (Special Provisions) Ordinance, 2010.

(2) It extends to the Chennai Metropolitan Planning Area.

(3) It shall come into force at once.

Short title, extent and commencement.

175TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

2. (1) In this Ordinance, unless the context otherwise requires,—

(a) “building rules, regulations and bye-laws” means rules, regulations and byelaws made under the Chennai City Municipal Corporation Act, 1919, the Tamil Nadu District Municipalities Act, 1920 and the Tamil Nadu Panchayats Act, 1994 as the case may be, relating to buildings;

(b) “Chennai Metropolitan Planning Area” means the Chennai Metropolitan Planning Area, specified under clause (23-a) of section 2 of the Tamil Nadu Town and Country Planning Act, 1971;

(c) “detailed development plan” means a detailed development plan approved under the Tamil Nadu Town and Country Planning Act, 1971, in respect of any area covered under the Chennai Metropolitan Planning Area;

(d) “Development Control Rules” means the Development Control Rules for Chennai Metropolitan Planning Area;

(e) “Government” means the State Government;

(f) “local authority” means the Chennai City Municipal Corporation established under the Chennai City Municipal Corporation Act, 1919 or Municipalities or Town Panchayats (within Chennai Metropolitan Planning Area) established under the Tamil Nadu District Municipalities Act, 1920 or Panchayat Unions or Village Panchayats (within Chennai Metropolitan Planning Area) established under the Tamil Nadu Panchayats Act, 1994 or the Chennai Metropolitan Development Authority constituted under the Tamil Nadu Town and Country Planning Act, 1971, legally entitled to exercise control in respect of the areas under their respective jurisdictions;

(g) “Master Plan” means the Master Plan for Chennai Metropolitan Planning Area, published under the Tamil Nadu Town and Country Planning Act, 1971;

(h) “public street” means public street as defined in clause (37) of section 2 of the Tamil Nadu Town and Country Planning Act, 1971;

(i) “punitive action” means action taken by local authority within Chennai Metropolitan Planning Area under the relevant law against unauthorized development and shall include demolition, whether in pursuance of court orders or otherwise;

(j) “relevant law” means in case of—

(i) the Chennai Metropolitan Development Authority, the Tamil Nadu Town and Country Planning Act, 1971;

(ii) the Chennai City Municipal Corporation, the Chennai City Municipal Corporation Act, 1919;

(iii) the Municipalities and Town Panchayats, the Tamil Nadu District Municipalities Act, 1920; and

(iv) the Panchayat Unions and Village Panchayats, the Tamil Nadu Panchayats Act, 1994;

Tamil Nadu Act I of

1891.

Tamil Nadu Act IV of

1919.

Tamil Nadu Act V of

1920.

Tamil Nadu Act 21 of

1994.

Tamil Nadu Act 35 of

1972.

Tamil Nadu Act 35 of

1972.

Definitions.

Tamil Nadu Act IV of

1919.

Tamil Nadu Act V of

1920.

Tamil Nadu Act 21 of

1994.

Tamil Nadu Act 35 of

1972.

Tamil Nadu Act 35 of

1972.

Tamil Nadu Act 35 of

1972.

Tamil Nadu Act 35 of

1972.

Tamil Nadu Act IV of

1919.

Tamil Nadu Act V of

1920.

Tamil Nadu Act 21 of

1994.

DTP-IV-2 Ex.-222—1 DTP-IV-2 Ex.-222—1 176 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(k) “unauthorized development” means use of any land or any building or construction of any building carried out,—

(i) in deviation from any planning permission or building permit; or

(ii) without obtaining any planning permission or building permit; or

(iii) in contravention of the land use zoning under the Master Plan or any approved detailed development plan; or

(iv) in contravention of the Development Control Rules for Chennai Metropolitan Planning Area, building rules, regulations, bye-laws applicable to areas within the Chennai Metropolitan Planning Area;

and includes unauthorized occupation by hawkers and street vendors in the public street and by the people in the slum area.

(a) land use not conforming to, the Master Plan, detailed development plans or any Planning permission;

(b) construction in deviation from or beyond planning permission or building permit;

(3) All notices issued by any local authority or any authority empowered under relevant law for initiating action against the categories of unauthorized development mentioned in sub-section (1) prior to 27th day of July 2007 shall be deemed to have been suspended and no punitive action shall be taken during the said period of one year.

(4) Notwithstanding any other provisions contained in this Ordinance, the Government may, at any time, before the expiry of one year withdraw the concession given in subsection (2) or sub-section (3) as the case may be, by notification in the Tamil Nadu Government Gazette in respect of the categories of unauthorized development mentioned in sub-section (1).

Tamil Nadu Act 35 of

1972.

Tamil Nadu Act IV of

1919.

Tamil Nadu Act V of

1920.

Tamil Nadu Act 21 of

1994.

Government to finalise norms and policy guidelines, etc.

DTP-IV-2 Ex.-222—2 DTP-IV-2 Ex.-222—2 177TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

4. During the period of operation of this Ordinance, no relief shall be available under section 3 in respect of the following categories of unauthorized development, namely:—

(a) any unauthorized development started or continued on or after the 27th day of July 2007;

(c) unauthorized occupation on public street except in those cases which are covered under clause (d) of sub-section (1) of section 3; and

(d) removal of people in slum area, hawkers and street vendors in accordance with policies of the Government, for clearance of land required for any public project.

5. The provisions of this Ordinance shall have effect notwithstanding anything inconsistent therewith contained in any other law made by the legislature of the State for the time being in force.

SURJIT SINGH BARNALA, 26th July 2010. Governor of Tamil Nadu.

The Provisions of this Ordinance not to apply in certain cases.

Ordinance to over-ride other laws.

Power to give directions.

178 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY EXPLANATORY STATEMENT There has been rapid increase in the population owing to industrialization, migration and various other factors, putting pressure on land and infrastructure in the Chennai Metropolitan PIanning Area leading to unauthorized developments which are not in conformity with the provisions of the Acts, building rules, regulations and bye-laws in force in the Chennai Metropolitan Planning Area.

2. The Government have constituted a Committee headed by a retired Supreme Court Judge to look into all aspects of developments and to suggest necessary modifications to the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972).

The Committee is looking into the aspects including various aspects of unauthorized constructions and unauthorized use of the premises and yet to submit its recommendation.

It is expected that the recommendations of the Committee aforesaid may involve substantial amendments to the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972) and some with retrospective 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 prepared the draft Master Plan II for Chennai Metropolitan Planning Area, with the perspective year 2026 keeping in view the emerging new dimensions in urban development. The Government have approved the said draft Master Plan-II for Chennai Metropolitan Planning Area 2026 and the same has been published in the Tamil Nadu Government Gazette Extraordinary, dated the 2nd September 2008. The various ramifications of the approved Master Plan-II for Chennai Metropolitan Area 2026 are under consideration of the six sectoral committees formed for the purpose.

6. Action for violation of the provisions of the Acts, building rules, regulations, bye-laws in force in the Chennai Metropolitan Planning Area before a final view is taken in the matter by the Government may cause avoidable hardship and irreparable loss to a large number of people including small traders.

The Supreme Court of India has ordered to maintain the status-quo as on 14-12-2007.

Since, the said Tamil Nadu Act 39 of 2007 ceased to operate on the 26th day of July 2008, and in order to maintain the status quo as ordered by the Supreme Court of India, the Government have enacted the Tamil Nadu Laws (Special Provisions) Act, 2008 (Tamil Nadu Act 56 of 2008), which ceased to operate on the 26th day of July 2009 and subsequent enactment namely, the Tamil Nadu Laws (Special Provisions) Act, 2010 (Tamil Nadu Act 7 of 2010) would also cease to operate from the 27th day of July 2010.

Therefore, there is an urgent need to defer such enforcement action in Chennai Metropolitan Planning Area for a period of one year. The Government have, therefore, decided to bring in a legislation for the above purpose.

8. The Ordinance seeks to give effect to the above decision.

(By order of the Governor) S. DHEENADHAYALAN, Secretary to Government, Law Department.

PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU 1-or 2a-or no229-1 no229-2 no229-3 no229-4 no229-5 no229-6 no229-7 2b-or 3-or

An Ordinance to make Special Provisions for Chennai Metropolitan Planning Area for a period of one year and for matters connected therewith or incidental thereto.

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