Copy of:
THE PLANNING AUTHORITY (BUDGET) RULES, 1978 (G.O.MS.No.454, RURAL DEVELOPMENT AND LOCAL ADMINISTRATION DEPARTMENT, 25th MARCH 1978 ) No. SRO-A-112/78. In exercise of the powers conferred by sub-section (1) of section 68 read with clause (q) of sub-section (2) of section 122 of the Tamil Nadu Town and Country Planning Act, 1971 ( Tamil Nadu Act 35 of 1972) the Governor of Tamil Nadu hereby makes the following rules:- RULES
1. Short title and commencement:- These rules may be called the planning authority (Budget) Rules, 1978.
2. Definition:- In these rules unless the context otherwise requires.
(a) "Act" means the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1971)
(b) "Executive Authority" means the Executive Authority of the Local Planning Authority constituted under section 11 of the Act. It also includes the Member Secretary of the Madras Metropolitan Development Authority. In cases where the local planning authority consists of a single local authority, the executive authority of the local authority shall be the executive authority of the Local Planning Authority. Then the executive authority of the largest local authority in terms of population shall be the Executive Authority of the Local Planning Authority.
3. Form of the Budget:- The budget of every planning authority shall be prepared in the Form appended to these rules.
4. Preparation of the Budget:- A working balance of not less than 5 percent of the estimated receipts (excluding these from endowments). Government grants and debt heads) of the year for which the budget has been prepared, shall be provided for in the budget.
5. Submission of the budget:- Two copies of the budget so prepared shall be submitted by the Executive Authority to the Director on or before the 30th November. Proceeding the budget year and one copy shall at the same time be furnished to the Auditor. The Director shall retain one copy with him and forward the remaining copy with his remarks to the Government.
Provided that in respect of the Madras Metropolitan Development Authority, the Member Secretary may submit both copies of the budget direct to the Government.
6. Authorisation by Planning Authority:- No planning authority shall authorise on item of expenditure not included in the budget or which is in excess of the budget allotment without indicating the source from which the money required for the proposed expenditure is to be found.
7. Sanction for incurring expenditure:- The sanctioning of the budget shall not by itself be deemed to authorise the planning authority to incur all the expenditure provided for therein and where the sanction of the Government or of any other authority is required for incurring any expenditure the provision for which has been included in the budget and such sanction has not been specifically accorded, it shall be the duty of the planning authority to obtain such sanction before the expenditure is in course.
8. Remarks of the Auditor:- The executive authority shall pay prompt attention to the remarks, if any, made by the auditor in regard to expenditure as compared with the budget allotment.
9. Furnishing of the order to the Auditor:- A copy of the order passed by Government on the budget estimate shall be furnished by the Auditor.
10. Allotments remaining unexpected:- All allotments made in the budget shall lapse with the end of the year, Parts of allotments remaining unexpanded at the end of the year shall not be reserved for disbursement after the end of the year shall not be reserved for disbursement after the end of the year not shall they be appropriated by transfer to deposits of any other heads or drawn in advance, in order to avoid lapse.
11. Regulation of expenditure:- All expenditure during the course of the year shall be regulated in accordance with the allotments made in the budget for the years sanctioned by the planning authority with modification suggested if any, by the Government.
Detailed Budget Estimate of Receipts and Payments:- Head of Account and item No Actual for the year Budget Estimate for Revised Estimate for Budget Estimate for Remarks
(1) (2) (3) (4) (5) (6) OPENING BALANCE Cash :
Bank :
Investment :
Total :
RECEIPTS I. RECEIPTS ORDINARY:- 1 Rent from lands 2 Rent from building 3 Produce from lands 4 Interest on investment 5 Law charges recovered 6 Lapsed Deposits 7 Sale proceeds of copies of maps and schemes 8 Government Grants for maintenance 9 Remunerative enterprises 10 Other receipts 11 Contribution from the staff towards Family Benefit Fund Scheme 12 Charges for the use of Authority's vehicles 13 Interest on loans paid to other local bodies Total receipts ordinary II. Receipts - Capital:
1 Grants 2 Sale of lands 3 Sale of buildings 4 Receipts from the Development Charges Levied under section 59 5 Receipts from Local Authorities under section 65(3) 6 Other miscellaneous receipts under the Act 7 Other receipts from the schemes implemented by the Authority 8 Remunerative enterprises 9 Investment realised 10 Loans and advances from the Government 11 Loans raised by the authority Total receipts - capital III. Deposits and advances:
I Deposits Total II Advances:- 1 Staff advances 2 Advances to other agencies for development works 3 Others 4 Permanent advance Total Total Deposits and advances Grant total receipts ordinary Capital and Receipts and Advances Grand total including opening balance I. Payment Ordinary:-
1. Establishment i. Pay ii Dearness Allowance iii Additional Dearness Allowance iv House Rent Allowance v Other compensatory allowance vi Pension and leave salary contribution vii Contribution to provident fund viii Traveling allowance ix Uniforms x Medical Charges xi Contributions towards Family Benefit Fund payable to LIC xii Maintenance of equipment and Machinery xiii Petrol Xiv Photograph charges Xv Technical assistance i) Salary to key experts ii) Fees to short-term consultants services.
iii) Aerial photography and related equipment iv) Training of staff Xvi Others
2. Contingencies:- 1 Postage and Telegrams 2 Stationery and printing books and periodicals 3 Pay of contingent staff 4 Conveyance charges 5 Rent 6 Telephone 7 Electricity charges 8 Rates, Taxes and Insurance 9 Maintenance of vehicles 10 Repairs and renewals 11 Law charges 12 Tribunals 13 Interest on loans 14 Drawing materials 15 Advertisement 16 Survey charges including consultancy fees etc., 17 Other items 18 Remunerative enterprises Total Payment - Ordinary II. Payment Capital:- 1 Acquisition of lands and buildings etc., for i) Roads and lanes ii) Other purposes 2 Works of improvement provided in development plans i)Raising level ii) Formation of roads iii)Culverts iv) Lighting v) Drains vi) Public amenities vii) Water supply viii) Schools ix) Markets x) Other works 3 Equipment 4 Furniture and fittings 5 Motor Vehicles 6 Library Books 7 Remunerative enterprises 8 Investments made 9 Repayment of loans and advances:
i) To Government ii) To others 10 Other payment for the schemes implemented by the authority 11 Loans to other local bodies Total payment capital III Deposits and advances:
1. Deposits
2. Advances i) Advance to staff ii) Advance to other agencies for development works iii) Others iv) Permanent advance Total Total, Deposits and Advances Grand Total - Payment , Ordinary Capital and Deposits and Advances Closing Balance Cash Bank Investment Grand Total (including closing balance) Sd/- M.VENKATACHALAM Joint Secretary to Government /true copy/ Published in part III section 1 (a) pages 212 to 217 dated: 10.5.78 in Tamil Nadu Government Gazette.
HOUSING AND URBAN DEVELOPMENT DEPARTMENT Tamil Nadu Local Planning Authorities planning and Development Fund Account Rules 1979 (G.O.Ms.No.635,Housing and Urban Development Department,(9th April 979) No.SRO A-106/79 - In exercise of the powers conferred by sub-section (1) of section 122 read with sections 65,66,67. 68,69 and 70 of the Tamilnadu Town and Country Planning Act, 1971 (Tamil Nadu Act, 35 of 1972) the Governor of Tamilnadu hereby makes the following rules:- RULES Local Planning Authorities planning and Development Fund Account Rules 1979
1. Short title:- These rules may be called the Tamilnadu Local Planning Authorities Planning and Development Fund Account Rules 1978
2. Definitions:- In these rules unless the context otherwise requires.
i) The “Act” means the Tamilnadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972)
(ii) "Fund Account" means the Local Planning Authority, New Town Development Authority Planning and Development Fund Account, and
(ii) "Planning Authority" means a Local Planning Authority including a New Town Development Authority appointed for administering the fund.
3. Administration of fund: Every Local Planning Authority constituted under subsection(3) of section 11 of the Act and every New Town Development Authority constituted under sub-section (4)of section 11of the Act and every New Town Development Authority constituted under sub section(4) of section 11 of the Act shall maintain and administer a fund called the Planning and Development Fund Account (hereinafter called "The Fund Account") or the Local Planning or New Town Development Authority concerned. The day-to-day administration of the Fund Account shall be entrusted to the Member-Secretary of the Planning Authoiryt who shall be the Treasurer of the Fund Account.
4. Audit:(i) The Fund Account shall be audited once a year by the Examiner of Local Fund Accounts or his nominee (hereinafter referred to as the Auditor)
(ii)The Member Secretary of the Planning Authority shall submit all accounts to the Auditor within 45 days of the closing of financial year to which the accounts relate
(iii) The auditor may:-
(a) by issuing summons, in writing, require production of any book, deed, contract accounts voucher receipt or other document for the perusal of examination of which he considers necessary.
(b) by issuing summons, in writing, require any person having the custody or control of any such document or being accountable for in such document to appear in person before him.
(c) require any person so appearing to make and sign a declaration in respect of such document or to answer any question or to prepare and furnish any statement relating thereto.
5. Duties of the Auditor: The Auditor shall
(a) report to the planning authority an material impropriety or irregularity which he may observe in the expenditures or the recoveries or deposit of moneys, if any, due to the Fund Account.
(b) advise the planning authority on the lines and forms in which the various accounts of the Fund account shall be maintained so as to avoid an impropriety or regularity as may be considered necessary,
(c) furnish the planning authority such information as it may require concerning the progress of the audit.
(d) report to the Planning authority any loss or waste of money caused by neglect or misconduct with the names of persons directly or indirectly responsible for such loss or waste.
(e) forward to the Planning Authority the financial statement of the audit with a copy to the Director and also to the Government within a period of three months from the date of receipt of the annual financial statement from the planning authority or within such period as the Government, may notify, from time to time.
6. Submission of Audit report: The Member-Secretary shall place the audit report with his replies thereto, before the Planning Authority and submit it to the Director within two months from the date of receipt of the audit report through the Auditor together with a copy of his replies and the resolution of the planning authority approving them,
7. Utilisation of the funds:- Utilisation of the fund shall be for the purposes specified in section 67 of the Act.
8. Mode of control:- (a) Moneys received by the planning Authorities shall be kept in any Nationalised Bank or State Co-operative Bank under two sets of accounts called as Local Planning Authorities Planning and Development Fund Account-I and Local Planning Authorities Planning Development Fund Account-II )hereinafter called "the Fund Account-I" and Fund Account II" respectively.
(b) The money shall be appropriated in line with the Budget proposals after approval of the budget by the competent authority and with specific orders, wherever necessary, on each action as the case may be.
(c) The Fund Account-I shall embody all financial transactions of receipts and payments of the Planning Authority under the provisions of sections 66 and 67 of the Act.
The Fund Account-I shall not deal with the credits and debts pertaining to the integrated Urban Development Programme and other special schemes funded by the State or Central Government.
(d) (i) The financial transactions of receipts and payments in respect of integrated Urban Development Programme and other special schemes funded by the State or Central Governments shall be dealt in Fund Account-II
(ii) The Planning Authority shall obtain the orders of Director in releasing the amounts from the Fund Account-II and no cheque shall be presented at the Bank by the Member-Secretary in respect of Fund Account-II without the orders of the Director. In such cases, it shall be the duty and responsibility of the Planning Authority to get orders from the Director sufficiently early and in appropriate form.
(iii) Wherever orders are issued by the Director releasing Funds from the Planning Authorities Fund Account -II for the specified items of work or works such expenditure shall be incurred for such purpose by the Member-Secretary without any reference to the Planning Authority.
(iv) All receipts pertaining to the integrated Urban Development Programme and other schemes financed through Planning Authorities Fund Account-II shall be credited to the Planning Authorities Fund Account-II only.
9. Registers to be maintained: The Member-Secretary shall maintain the following registers for purposes of maintaining account:
1. Cash book
2. Cheque book
3. Pass book
4. Register showing the amount received from the Government and other agencies.
5. Register of loans
6. Register of grants
7. Register showing the recovery of loans paid
8. Ledger for classification of receipts and charges
9. Annual account.
10. Such accounts returns and periodicals as may be prescribed by the Director of Town and Country Planning and Examiner of Local Fund Account form time to time.
Sd/- P.Kandasamy, Commissioner and Secretary to Government.
/true copy/ Published at pages 153 to 155 of Part-III sec 1 (a) of the TNGG Dt. 9.5.79 Copy of:
GOVERNMENT OF TAMIL NADU ABSTRACT LOCAL PLANNING AUTHORITIES – Constitution – Notification under section 11(1) of Tamil Nadu Town and Country Planning Act, 1971 – Issued.
RURAL DEVELOPMENT AND LOCAL ADMINISTRATION DEPARTMENT G.O.Ms.No.650 Dated: 8 th April, 1975 ORDER:
The appended notification will be published in the Tamil Nadu Government Gazette.
(BY ORDER OF THE GOVERNOR) sd/- R.BALASUBRAMNIAN SECRETARY TO GOVERNMENT APPENDIX NOTIFICATION In exercise of the powers conferred by proviso to sub-section (1) of section 11 of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972) the Governor of Tamil Nadu hereby declares the local authority of the local planning areas specified below to be the local planning authority for such areas.
1. Palani 16. Karur
2. Periyakulam 17. Tiruvallur
3. Bodinayakanur 18. Chingleput
4. Theni-Allinagaram 19.Arakonam
5. Cumbum 20. Gudiyatham
6. Kodaikanal 21. Vaniyambadi
7. Pollachi 22. Tiruvannamalai
8. Gobichettipalayam 23. Arni
9. Dharapuram 24. Walajapet
10. Udumalpet 25. Ranipet
11. Sathyamangalam 26. Arcot
12. Bhavanisagar 27. Ambur
13. Valparai 28. Tirupattur
14. Manaparai 29. Tindivanam
15.Turaiyur 30. Villupuram
31. Nellikuppam 56. Ootacamund
32. Panruti 57. Coonoor
33. Vridhachalam 58. Virudhunagar
34. Chidambaram 59. Srivilliputhur
35. Mayuram 60. Rajapalayam
36. Nagapattinam 61. Sivakasi
37. Mannargudi 62. Sattur
38. Pattukottai 63. Karaikudi
39. Tiruvarur 64. Arupukottai
40. Sirkali 65. Devakottai
41. Pudukottai 66. Paramakudi
42. Attur 67. Ramanathapuram
43. Rasipuram 68. Sivaganga
44. Tiruchengode 69. Rameswaram
45. Idapadi 70. Kadayanallur
46. Namakkal 71. Kovilpatti
47. Mettur 72. Puliangudi
48. Yercaud 73. Sankarankoil
49. Colachel 74. Senncottah
50. Kuzhithurai 75. Thenkasi
51. Padmanabhapuram 76. Courtallam
52. Kanniyakumari 77.Tirunelveli
53. Dharmapuri
54. Krishnagiri
55. Kotagiri sd/- Section officer /true copy/ DIRECTORATE OF RURAL DEVELOPMENT, MADRAS-1.
Copy of Govt. Memo No.94393/MV/75-14, RD&LA department, dated 9.8.76.
Sub: Act – Tamil Nadu Town and Country Planning Act, 1971 – Contribution by local authorities from their General fund to the Fund Account of Local Planning Authorities – Orders – Amendment – Issued.
Ref: 1. G.O.Ms.No.805/RD&LA, dt. 8.5.75.
2. Govt. Memo No.52720/TCP/75-1, RD&LA, dt. 23.5.75
3. From the Commissioner, Tiruppur Municipality Lr.No.136/12439/75-dt. 23.6.75.
4. From the D.R.D. K.Dis.Mo.115864/Accts.VI/75- dt. 29.11.75.
5. From the Inspector of Municipalities D.O.No.63477/75-A2, dt. 25.1.76
6. From the Examiner of Loal Fund Accounts L.Dis.No.33475/76-C3, dt.
6.7.76.
------- The following amendment is issued to the instructions contained in para-2 of the G.O. cited as subsequently amended.
AMENDMENT After the expression “shall contribute a sum not less than one per cent of the General fund” occurring in para-2 of the above G.O. the expression “ordinary” shall be inserted.
/true copy/ sd/- S.R.Sumbandam, for Director of Rural Development Copy of letter No.79818/MV/76-2, dated 25.10.76 of the Joint Secretary to Government, Rural Development and Local Administration Department, Madras-9 addressed to the Director of Town and Country Planning, Madras-1 (w.e.).
------ Sub: Tamil Nadu Town and Country Planning Act, 1971 – Rules – Notification etc., made or issued under the Act – placing them before Legislature.
---- According to sub-section (2) of section-123 of the Tamil Nadu Town and Country Planning Act, 1971, every rule notification or order made or issued under the above Act, shall, as soon as possible after it is made or issued, be placed on the table of the Houses of Legislature. According to sections 29 and 33(1) of the Tamil Nadu Town and Country Planning, Act, 1971, the Director of Town and Country Planning is competent to sanction, vary or revoke a detailed development plan. In view of the specific provisions contained in section 123(2) of the Act, the notifications, sanctioning, varying or revoking a detailed development plan, issued by the Director of Town and Country Planning also have tobe placed before the Legislature. But the notification issued by the Director of Town and Country planning cannot be placed before the legislature by the Director direct. They have to be routed through the Government.
In this connection, I am to say that according to the instructions, issued by the Government of India, all the statutory rules notifications etc., which might have been framed and statutorily required to be placed before legislature, will have to be placed before Parliament. Copies of these references are enclosed. I am to request you to take necessary action for printing the required number of copies of the notifications so far issued and send them to Government for onward transmission to Government of India.
This reference maybe treated as “Immediate”.
sd/- for Joint Secretary to Government Copy of :
GOVERNMENT OF TAMIL NADU ABSTRACT Act - Tamil Nadu Town and Country Planning Act, 1971 – Contribution of Madurai Corporation from General Fund to the Fund Account of the Madurai Local Planning Authority – Orders – Issued.
RURAL DEVELOPMENT AND LOCAL ADMINISTRATION DEPARTMENT G.O.Ms.No.617 Dated: 22.4.1978 READ:
1. G.O.Ms.No.805, RD&LA dt. 8.5.1975
2. From the Special Officer, Madurai Corporation D.O.Lr.
No. K2/53928/75 dt. 12.10.1977.
----- ORDER:
Under section 65(1) of the Tamil Nadu Town and Country Planning Act, 1971 every planning authority shall maintain a separate fund called “the planning and development Fund Account” otherwise known as “Fund Account”. Sub-section (3) of section 65 of the said Act provides that local authority shall contribute such moneys not exceeding ten percentum of the general fund of such local authority to the Fund Account of the Planning Authority, as the Government may specify from time to time.
2. In the G.O. first read above, it has been ordered that every local authority comprised within the jurisdiction of a local planning authority, shall contribute a sum not less than one percentum of the General Fund of such local authority to the Fund Account of the local planning authority.
3. The question of contribution by the local authorities including the Corporation of Madurai comprised in the Madurai Local Planning Area from their General Fund to the Fund account of the Madurai Local Planning Authority has been examined by the Government in consultation with, the Commissioner, Corporation of Madurai. The Government hereby direct that all the Local authorities including the Corporation of Madurai i.e. (Panchayats, Townships, Panchayat Union Councils, and Municipalities) comprised within the jurisdiction of the Madurai Local Planning Area, shall contribute a sum not less than one percentum of the general fund of such local authority to the Fund Account of the Madurai Local Planning Authority with effect from 1.4.1977.
4. The “General Fund” for this purpose of contribution is defined as follows:
1. Municipal Corporation .. Receipts (actuals) under General Fund Account.
2. Municipalities .. Receipts (ordinary) under General Account excluding taxes and other receipts on education
3. Town Panchayats .. The total tax revenue and non-tax revenue excluding education.
4. Townships .. The total tax revenue and non-tax revenue excluding educat – tax.
5. Panchayat unions .. Total revenue receipts.
1. The Commissioner, Madurai Corporation is requested to issue necessary instructions in the mater, to all the local authorities comprised in the Madurai Local Planning area.
(By order of the Governor) sd/- T.V.VASUDEVAN Secretary to Government /true copy/ Copy of :
GOVERNMENT OF TAMIL NADU ABSTRACT Act - Tamil Nadu Town and Country Planning Act, 1971 – Constitution of separate fund account for Madurai and Coimbatore - Orders – Issued.
RURAL DEVELOPMENT AND LOCAL ADMINISTRATION DEPARTMENT G.O.Ms.No.880 Dated: 13.6.78 READ:
1. G.O.Ms.No.2486, RD&LA dt. 22.12.76
2. From the D.T.CP. 9886/76 AE II dt. 29.3.77.
----- ORDER:
Section 65(1) of the Tamil Nadu Town and Country Planning Act, contemplates that every planning authority shall maintain a separate fund called “the Planning and development Fund Account” otherwise known as “Fund Account”. Sub-section (2) of section 65 of the above Act provides that Fund Account may be initially established by the Planning authorities with the grants, advances or loans obtained from the Government or from the State Town and Country Planning and Development Fund.
2. In G.O.Ms.2486 R.D.L.A. dated 22.12.76 first read above, Government have constituted the Tamil Nadu Town and Country Planning and Development Fund for the purpose of furthering the Town and Country planning Act 1971 and the rules relating to the vesting, auditing etc. of the Fund were also appended to that order.
3. Since all the Planning Authorities would require to have their own Fund Accounts to be operated independently, the D.T.C.P. has requested orders of Government to open separate fund accounts for each local planning authorities and Regional Planning Authorities.
4. The Government have examined the request of the D.T.CP. As there is urgent need for constitution of the Planning and Development Fund Accounts, particularly in Madurai and Coimbatore, where Government of India have supported programmes for development under the IUDP and have been insisting on separate funding arrangement, Government consider the Planning and Development Fund may be constituted for the Local Planning Authorities of Madurai and Coimbatore first and the question of constituting similar funds for other Planning Authorities may be considered after getting the experience of the above two funds.
5. The Government accordingly, under section 65(2) of the Tamil Nadu Town and Country Planning Act, 1971, constitute separate Planning and Development Fund Accounts for the Madurai and Coimbatore Local Planning Authorities with immediate effect. Detailed Rules for operation of the above fund accounts will be issued separately.
The Director of Town and Country Planning is requested to send necessary draft rules in this regard immediately.
2. This order issues with the concurrence of the Finance Department vide its U.O.Note No.48136-A/R.D.L.A/78-1 dated 24.4.78.
/By order of the Governor/ sd/- T.V.VASUDEVAN SECRETARY TO GOVERNMENT /TRUE COPY/ Copy of this office circular Roc. no. 34754/89-UP4, dt. 16.8.91 addressed to the sub-ordinate offices Sub: Local Planning Authority – 1% contribution – Regarding.
Ref: From the Member Secretary, Madurai Local Planning Authority, Letter No.276/88-2, dt. 20.3.91.
----- The Member Secretary, Madurai Local Planning Authority has pointed out that only certain villages of a Panchayat union has been included in Madurai and not entire Panchayat union. In such case he has sought clarification as to how the one percent contribution to the local Planning Authority‟s Fund Account should be calculated and collected. The question was examined in detail.
The Act under section 65(3) reads that „Every Local Authority shall contribute such money not exceeding for percentum of the general fund of such Local Authority to the Fund Account of the Planning Authority as the Government may specify from time to time.
The Act under section 2(23) (iv) defines “Local Authority” as a Panchayat Union Council or a “Panchayat” constituted under Tamil Nadu Panchayats Act 1958.
In view of the above definition it should be amply clear that when whole Panchayat Union has not been included and when only constituent village Panchayats have been included in Local Planning Area, then the general account of the village Panchayat alone has to be taken cognisance of and one percent of that general fund has to be raised as demand.
In the event of any difficulty in arriving at the quantum of general account of villages the assistance of Examiner, Local Fund Accounts may be sought and demand raised.
sd/- for Director of Town and Country Planning /true copy/ Copy of:
GOVERNMENT OF TAMIL NADU ABSTRACT Urban Development - The Planning Authority (Levy of Development charges) Rules, 1975 - Amendments - Issued.
------------------------------------------------------------------------------------------------------ HOUSING AND URBAN DEVELOPMENT (UD.I) DEPARTMENT G.O.Ms.No.396 Dated: 12.9.96
1. G.O.Ms.No.2039, Rural Development and Local Administration Department, dated: 20.12.77.
2. From the Director of Town and Country Planning, Madras D.O. letter No.37417/92-T1 dated 19.11.92.
3. From the Director of Town and Country Planning, Madras D.O.letter No.
37417/92-T1 dated 10.10.94.
............
Order:
The appended Notification will be published in the Tamil Nadu Government Gazette.
(BY ORDER OF THE GOVERNOR) S.RAJARETHINAM, SECRETARY TO GOVERNMENT.
/true copy/ APPENDIX NOTIFICATION In exercise of the Powers conferred by Clauses (O) and (P) of sub-section 122 read with Clauses (a) and (b) of sub-section (2) of section 60 of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972), the Governor of Tamil Nadu hereby makes the following amendment to the Planning Authority (Levy of Development Charges) Rules, 1975.
AMENDMENTS In the said Rules,
(1) in rule 5, in sub-rule (1), for the expression "not being less than Rs.2,000 per hectare and not more than Rs.10,000 per hectare", the expression "not being less than Rs.10,000 per hectare and not more than Rs.50,000 per hectare" shall be substituted;
(2) in rule 6, in sub-rule (1), for the expression "not being less than Rs.0.5 per square metre and not more than Rs.2.5 per square metre", the expression "not being less than Rs.2.50 per square metre and not more than Rs.12.50 per square metre" shall be substituted.
S.RAJARETHINAM, SECRETARY TO GOVERNMENT.
/true copy/ Copy of:
GOVERNMENT OF TAMIL NADU ABSTRACT The Tamil Nadu Town and Country Planning Act 1971 - Levy of Development charges under section 59 of Act - Delegation of powers to the Director of Town and Country Planning - Orders - Issued.
------------------------------------------------------------------------------------------------------ HOUSING AND URBAN DEVELOPMENT (UD.I) DEPARTMENT G.O.Ms.No. 397 Dated: 12.9.1996 Read:
From the Director of Town and Country Planning, Madras, D.O. Letter No.
37417/92/T1, dated 19.11.92.
From the Director of Town and Country Planning, Madras, D.O. Letter No.
37417/92-T1, dated 10.10.94.
----- ORDER:
The appended Notification will be published in the Tamil Nadu Government Gazette.
(BY ORDER OF THE GOVERNOR) S.RAJARETHINAM, SECRETARY TO GOVERNMENT.
/true copy/ APPENDIX NOTIFICATION In exercise of the powers conferred by sub-section (1) of section 91 of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972), the Governor of Tamil Nadu hereby authorises the Director of Town and Country Planning to exercise the powers vested with the Government under the second proviso to subsection (1) of section 59 of the said Act, to accord sanction to the planning authority for the relates of levy of development charges.
S.RAJARETHINAM, SECRETARY TO GOVERNMENT /true copy/ Copy of:
HOUSING AND URBAN DEVELOPMENT DEPARTMENT Tamil Nadu Planning Authorities Procedure and Transaction of Business Regulation, 1980 (G.O.Ms.No.612, Housing and Urban Development, 7 th May 1980) No. SRO A- 190-80. In exercise of the powers conferred by sub-section (2) of section 124 of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act-35 of 1972), the Governor of Tamil Nadu hereby approves the following regulations:- Regulations.
1. Short title.- These regulations may be called the “Tamil Nadu Planning Authorities: Procedure and Transaction of Business Regulations, 1980”.
2. Definition.- In these Regulations, unless the context otherwise requires:-
(i) “Act” means the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972);
(ii) “Chairman” means the Chairman of the Planning Authority appointed by the Government under the Act.
(iii) “Executive Authority” means the Member-Secretary of the Planning Authority appointed by the Government under the Act;
(iv) “Government” means Government of Tamil Nadu;
(v) “Member-Secretary” means the Member-Secretary of the Planning Authority appointed by the Government under the Act;
(vi) “Planning Authority” means a Regional Planning Authority, „Local Planning Authority” or a New Town Development Authority” constituted under the Act (and does not include Madras Metropolitan Development Authority);
(vii) “Presiding Authority” means a member elected as Presiding Authority in the absence of the Chairman by a majority of members present at the meeting of the Planning Authority;
(viii) “Member” means a member of the Planning Authority appointed by the Government under the Act;
(ix) “Section” means of section the Tamil Nadu Town and Country planning Act, 1971 (Tamil Nadu Act 35 of 1972).
3. Meeting of Planning Authority.- (a) The Planning Authority shall ordinarily convene atleast one meting in a month on such day and such time duly intimated in the meeting notice for the transaction of business and at other times as often as a meeting may be convened by the Chairman:
Provided that no meeting shall be held on a „public holiday‟.
Explanation.- The words „public holiday‟ include Sundays and any other day declared by the Government by notification in the official gazette to be a public holiday.
(b) any meeting may be adjourned until the next or any subsequent date and an adjourned meeting may be further adjourned in the like manner.
(c) The agenda for the meeting shall be prepared by the Member-Secretary or the Executive Authority of the Local Planning Area concerned in consultation with the Chairman. The Member-Secretary or Executive Authority concerned of the Local Planning Authority may include in the agenda any subject which in his opinion should be considered by the Local Planning Authority and shall also include therein any subject specified by the Chairman. On any subject included in the agenda, the Chairman as well as the Member-Secretary shall have the right of recording their views in a note and such note shall be circulated to the Members of the Local Planning Authority or placed before the authority before or at the time of consideration of such subject by the Local Planning Authority.
4. Notice of meetings and business.- Five clear days notice of an ordinary meetings, or three clear days notice or such shorter period as is reasonable of a special meetings specifying the time and place at which such meeting is to be held and the business to be transacted three at shall be given to the members and posted up at the office of the Planning Authority.
5. Place of meetings ad maintenance of order thereof.- (a) Every meeting of the planning Authority shall, except for reasons to be specified in the notice of convening the meeting, be held in the office of the Planning Authority.
(b) Every meeting of the Planning Authority shall be presided over by the Chairman and in his absence a member shall be elected as Presiding Authority by a majority of members present at the meeting. The Presiding Authority so elected shall for the meeting have all the powers of the Chairman and be subject to all the obligations of the Chairman.
(c) The Chairman or the Presiding Authority shall preserve order there at and shall have all powers necessary for the purposes of preserving such order.
(d) the Chairman or the Presiding Authority may direct any member whose conduct is in his opinion grossly disorderly to withdraw immediately from the meeting and the member so directed to withdraw shall do so forthwith and shall absent himself during the remaining part of the meeting. Notwithstanding anything contained in this clause in the case of grave disorder arising in a meeting, the Chairman or the Presiding Authority may if he thinks necessary to do so adjourn the meeting to any later date.
6. Quorum – No business shall be transacted at any meeting unless one-third of the members then in the Planning Authority are present. If at any meeting quorum is not present the Chairman or the Presiding Authority shall after waiting for 30 minutes adjourn the meeting to such hour on the following day or some other future date as he may reasonably fix and a notice of such adjournment shall be affixed on the notice board for the office of the Planning Authority and the business which should have been brought before the original meeting had there been a quorum shall be brought before the adjourned meeting and may be disposed off at such meeting.
7. Method of deciding questions. – (a) All questions which may come before the Planning Authority at any meeting shall be decided by the majority of the members present and voting at the meting and in case of equality of votes the Chairman or the Presiding Authority shall have and exercise a second or casting vote.
(b) At any meeting unless voting is demanded by atleast two-thirds of the members present a declaration to the Chairman or the Presiding Authority stating that a resolution is carried out or leastand an entry to that effect in the minutes of the proceedings shall for the purpose of these rules be conclusive evidence of the fact without proof of the number or proportion of votes recorded in favour of or against such resolution.
(c) If voting as aforesaid is demanded, the votes of all the members present who desire to vote shall be taken under the direction of the Chairman or the Presiding Authority over such meeting and the result of the voting shall be deemed to be the resolution of the Planning Authority at such meeting.
8. Business to be transacted.- Save as otherwise provided in the regulations mentioned above, no business shall be transacted and proposition shall be discussed at any meeting unless it has been mentioned in the notice convening such meeting.
9. Minutes of the proceedings – (a) The minutes of the proceedings at each meeting of the Planning Authority shall be drawn up and entered in a book to be kept for that purpose and shall be signed by the Chairman or the Presiding Authority of the meeting.
(b) The Member-Secretary of the Planning Authority shall have the custody of proceedings and records of the meeting of the Planning Authority.
(c) The Member-Secretary of the Planning Authority shall submit a copy of the minutes of each meeting to the Government through the Director of Town and Country Planning within fifteen days from the day of meeting.
10. Members not to vote on matters in which they are interested.- (a) No member of the Planning Authority shall vote or take part in the discussions on any question coming up for consideration at the meeting of the Planning Authority if the question is one in which apart from it general application to the public he has any direct or indirect pecuniary or other interest for himself or his relatives;
(b) If the Chairman or the Presiding Authority is believed by any member to have such interest or interest in any matter under discussion and if a motion to that effect be carried he shall not preside at the meeting during such discussion or vote or take part in it.
Any other member may be chosen or elected to preside at the meeting during the continuance of such part of the meeting.
(c) The Chairman or the Presiding Authority may prohibit any member from voting or taking part in the discussions on any subject matter in the notice in which the member is believed to have such interest or he may require the member to absent himself during the discussion and abstain from voting.
11. Adjournment of meeting.- An ordinary meeting may with the consent of a majority of the members present, be adjourned from time to time to a later hour on the same day or to another day but no business shall be transacted at any adjourned meeting other than left undisposed of at the meeting from which the adjournment takes place. A notice of such adjournment posted in the office of the Planning Authority shall be deemed sufficient notice of the adjourned meeting.
12. Modification and cancellation of resolution.- No resolution of the Planning Authority shall be modified or cancelled within three months after the passing thereof except at a meeting of the Planning Authority specially convened therefor and by a resolution of the Planning Authority by not less than one half of the total number of members appointed.
13. Motions and amendments.- (a) Every motion or any amendment thereof shall be received in writing and then duly moved.
(b) Any motion or amendment included in the agenda may be withdrawn by its proposer with the consent of the Planning Authority through a resolution.
14. Conduct of ordinary meetings.- (a) At any ordinary meeting business shall be conducted in the following order:- i. The minutes of the previous ordinary meeting and special meeting held since shall be read and confirmed;
ii. The business postponed at the previous meeting shall be considered;
iii. Subjects included in the agenda shall then be considered.
(b) Any member may proposed any resolution connected with or incidental to the subjects included in the agenda:
Provided that the Chairman or the Presiding Authority may propose any subject relating to a routine matter of urgency not included in the list of business if no member objects to it.
(c) All points of order shall be decided by the Chairman or the Presiding Authority with or without discussion, as hereby deem fit and his decision shall be final.
sd/-P.KANDASAMY Commissioner and Secretary to Government.
/true copy/ Copy of:
RURAL DEVELOPMENT AND LOCAL ADMINISTRATION DEPARTMENT Planning Authority (Preparation and submission of Annual Report) Rules (G.O.ms.No.1232, Rural Development and Local Administration, 25 th June 1976) No.SRO A-263/76 – In exercise of the powers conferred by sub-section (2) of section 70, read with clause (t) of sub-section (2) of section 122 of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972), the Governor of Tamil Nadu hereby makes the following rules:- RULES
1. Short title – These rules may be called the Planning Authority (Preparation and submission of Annual report) Rules.
2. Definitions- In these rules unless the context otherwise requires-
(i) “Act” means Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972);
(ii) “Member-Secretary” and “Executive Authority” mean the Member Secretary of the planning Authority or the Executive Authority of the local authority where such local authority is a planning authority;
(iii) “section” means a section of the Act‟;
(iv) “Year” means the financial year
3. Preparation of Annual Report.- The Member Secretary/the Executive Authority shall after the first day of April in every year prepare an annual report on the activities of the Planning Authority during the preceding year.
4. Contents of the Annual Report.- The annual report of the Planning Authority shall contain particulars on the following broad headings:-
(i) The financial statement for the year indicating the budget provision and actuals of expenditure;
(ii) A short note on surveys and other-investigation carried out during the year.
(iii) Details of Development plans prepared;
(iv) Progress in the implementation of development plans. This information should be furnished scheme-wise separately; indicating the physical targets and achievements wherever possible;
(v) Progress made in land acquisition;
(vi) Details about levy and collection of development charge;
(vii) Number of planning permissions dealt with-
(a) Number of applications received during the year
(b) Number of applications disposed during the year:
(i) Number granted;
(ii) Number refused;
(c) Number of applications pending at the commencement of the year; and
(d) Number of applications pending disposal at the close of the year.
(viii) Number of appeals processed during the year.
(ix) Important events and special schemes, if any, dealt with during the year;
(x) Any matter relating to Town and Country Planning dealt with under the Act in general;
The Member-Secretary/ Executive Authority shall deal concisely with the matters referred to under the headings and shall give such explanations as may be necessary for the figures in the enclosures pertaining to that heading. The Member-Secretary/Executive Authority may also refer briefly to any other facts which he considers relevant to the subject matter of the heading.
5. Circulation of copies to the Members. – The Member-Secretary/Executive Authority shall supply copies of annual report prepared by him to the members of the Planning Authority fifteen days before they meet to consider the report and
6. Submission of report to Director.- Two copies of the report together with enclosures, if any, along with a copy of the Planning Authority‟s resolution approving the report shall be submitted to Director not later than 15 th June following the year to which the annual report relates with an advance copy to Government. The Director shall submit a consolidated report to Government through the Tamil Nadu Town and Country Planning Board not later than the 15 th September following the year to which the annual report relates.
sd/- T.V.VENKATARAMAN Secretary to Government /true copy/ APPENDIX I - INTRODUCTION LOCAL PLANNING AUTHORITY Name: 1) This DEVELOPMENT PLAN shall be called as Definitions: 2) In this Development Plan unless there is anything repugnant in the subject or context.
i) „Act‟ means Tamil Nadu Town and Country Planning Act 1971 (i.e. Tamil Nadu Act No.35 of 1972).
ii) „Area‟ means the area to which the Development Plan applies.
iii) „Authority‟ means Local Planning Authority.
iv) „Council‟ means the …………………………….
Municipal/Town Panchayat/Municipal Corporation/Council.
v) „Business Premises‟ means a building designed for use as an office or theatre or for any business purposes but does not include special industrial building, factory or workshop.
vi) „Date of Development Plan‟ means the date of publication of notice in Form 12 in the Tamil Nadu Government Gazette of the approval of the Detailed Development Plan under subsection (1) of section 31 of the Act.
vii) „Development Plan means the viii) „Director‟ means the Director of Town and Country Planning, Government of Tamil Nadu.
ix) „Form‟ means a form prescribed in the rules made under the Act.
x) 'Government' means the Government of Tamil Nadu.
xi) „Local Planning Authority‟ means the Local Planning Authority of Local Planning area constituted under section 11 (1) of the Town and Country Planning Act 1971 (Tamil Nadu Act 35 of 1972).
xii) „Map‟ means one of the maps as specified and annexed to this Development Plan.
xiii) 'Panchayat Act' means the Tamil Nadu Panchayats Act 1994 (Tamil Nadu Act 21 of 1994) Municipal means The Tamil Nadu District Municipaliteis Act 1920, Madras Act VII of 1920 and Municipal Corporation Act means Madurai, Coimbatore, tiruchirappalli, Salem & Tirunelveli Municipal Corporation Act respectively.
xiv) „Repealed Act‟ means the Tamil Nadu Town Planning Act, 1920 Madras Act VII of 1920).
xv) „Responsible Authority‟ means the authority or person, who is specified in Detailed Development Plan as responsible for carrying out or enforcing the observance of all or any of the provisions of the Detailed Development Plan or for enforcing the execution of any works which under the Detailed Development Plan are to be executed by any Authority, owner or other person.
xvi) „Rules‟ means the rules made under section 122 of Town and country Planning Act 1971.
xvii) „Schedule‟ means one of the schedules as specified in rules and annexed to this Development Plan.
xviii) „Shop means a building designed for market, hotel or for the purpose of carrying on a retail trade or business or activities incidental there to and includes a light industrial, building not being a special industrial building or workshop or factory within the meaning of the Factories Act, 1948.
xix) „Site of building‟ means that portion of land or plot used or intended to be used or allotted or shown in approved site plan, layout plan or plan of sub division for the purpose of one dwelling house, dwelling bungalow, shop or other building of a particular category or use and includes the land within cartilage of such dwelling house etc. and forming its appurtenances such as out building yard lands, open spaces and garden attached there to or intended to be normally used or occupied there with.
xx) „Street‟ includes streets, roads and includes widening of such streets and roads.
Responsible Authority Powers of Responsible Authority Powers to make agreements Modification of Development Plan
3. The Chairman of the Local Planning Authority or an Officer subject to the Control of Local Planning Authority or a constituent Local Body and duly authorised by the Local Planning Authority shall be the Responsible Authority for the purposes of this Development Plan.
4. i) The Responsible Authority shall have power to specify any date or period within which the execution of any work which under the Development Plan are to be executed by any authority, owner, or other person, as the Responsible Authority thinks necessary and expedient for the purpose of securing the development of the area without delay and ensuring the efficient operation of the Development Plan.
ii) The Responsible Authority, subject to the Provision of section 119 of the Act, may make any agreement with any person or body in furtherance of the carrying out the Development Plan or any matter in connection there with provided that such agreement is not inconsistent with the Development Plan.
iii) The Responsible Authority, may if he thinks fit, in any particular case and subject to such conditions as he may impose, dispense with or modify, with the approval of the Director, any of the requirements of the Development Plan other than requirements made obligatory by any laws, provided that he is satisfied that there are circumstances warranting such dispensation or modification and that the interests of the Development Plan will not be prejudicially affected there by and his decision shall be final.
Power to dispose of land Facility given to Co-operative Buildings Society Area of Development Plan Ownership and extent of land iv) The Responsible Authority with the approval of the Local Planning Authority, may dispose of any Land owned by it or acquired or secured under clause 28 by sale or by exchange or by lease or otherwise without prejudice to the interests of this Development Plan and subject to the approval of the Director and subject also to the payment of the assessment as fixed by the Revenue Department.
v) The Responsible Authority may at the request of any group of persons registered as a Co-operative Building Society under the Tamil Nadu Co-operative Act, 1961 for the purpose of developing a Co-operative Housing Scheme, afford such facilities as are possible for the acquisition of land either by such society or by the Local Planning Authority on its behalf and enter into any agreement with such society for the development of such land in accordance with the provisions of the Development Plan.
II - RESIDENTIAL AREA
5. The area to which the Development Plan applies shall be that within the inner edge of the boundary line coloured red in Map No.
which shows the existing Land and streets and the proposed streets and reservation of lands in the area and such particulars and details in relation to the development of the area as can conveniently be indicated thereof by means of reference letters, numbers, distinguishing colours or otherwise.
6. i) The ownership of all lands in the area and its extent, as on date of the publication of the notification by the Local Planning Authority under section 19 of the Town and Country Planning Act, Land Use:
Continuance of existing use Area for residential zone Area for poor class Housing and Urban Development Department Density of building and size of the site in the District Gazette are given in Schedule I ii) The ownership and extent of lands are given to the extend that could be ascertained by the Local Planning Authority and cannot be taken as conclusive evidence of conferring any rights which in reality one does not possess.
7. The owners or occupiers may continue to use the lands and buildings in the area for the purpose for which they are used on the date of the Development Plan, provided that the Responsible Authority at any time may issue notice on the owners or occupiers to prohibit further use of the lands and buildings for such purposes which in his opinion hinder or is likely to hinder the progress of the Development Plan, create or is likely to create insanitation, nuisance or loss or amenity and direct that the requirements of the Development Plan shall be complied with every particular.
8. (i) Save as otherwise provided in this Development Plan every part of the area shall be entirely utilised for residential purpose only provided that all uses permitted in mixed residential use zone of Master Plan shall be permitted by the Responsible Authority.
ii) The lands shown in Schedule VII have been reserved for poor class housing in which except 18(i) and 18(iii) all other clauses are applicable and to be enforced.
iii) The maximum number of dwelling houses or dwellings which may be erected in any net hectare of building land excluding the portions covered by street and other public or common lands shall be 40 and every dwelling house or dwelling shall be located in a site of its own and in no case shall such a site be less than 220 sq.metres in extent and 12 meres in width.
Density and size for poor class Housing Extent of site for Non- Residential buildings Reconstitution of boundaries iv) Provided that in areas which are reserved under sub-clause (ii) above or sub-clause (ii) of clause 23 for poor class dwelling the maximum number of dwelling houses, dwellings or huts in any net hectare of building land may exceed 40 but shall not be more than 90 and the extent of the site for such house, dwelling or hut may be less than 220 sq.meters but shall not be less than 110 sq.meters and also the width of such site may be less than 12 m. but shall not less than 7.50 m.
v) Every site intended for buildings other than dwelling house or hut shall not be less than 220 sq. metres in extent provided that in the case of shops, godowns fuel depots and other similar buildings it shall be open to the Local Planning Authority to specify any suitable extent for each shop, godown, fuel depot or other building of such nature not being however less than 55 sq.metres for any individual retail or wholesale shop, godown fuel depot or other building.
vi) When a plot or site held in single ownership prior to the date of publication of the notification under section 19 or 23 of the Town and Country Planning Act in the District Gazette is less than the minimum prescribed in clause 8, sub-clause, (iii)(iv),
(v) or in clause 13 (ii) the Responsible Authority shall decide whether in the interests of the Development Plan permission shall be given to build on such plot or site or whether the plot or site shall be incorporated in adjacent plot or plots or site or sites by reconstitution and re-distribution of the boundaries of the latter.
vii) All buildings other than huts in the area shall be detached or Nature of permissible housing Number of dwelling units in a site Prohibition of huts Protection of existing layouts semi-detached i.e. building singly in each site and entirely separated from adjacent buildings by open space or built as side by side building in pairs in adjacent sites, provided that in areas reserved for dwelling houses or dwellings for poor class or shops, continuous buildings not exceeding 8 in number may be permitted.
All huts shall be detached.
viii) Only one dwelling house, dwelling, hut or other building of particular category shall be constructed on a building site other than the site reserved for multi-storeyed building shall be subdivided or utilised for the construction of more than one dwelling house, dwelling hut or other building of a particular category.
ix) Huts shall not be permitted in the area except in the places as may be reserved for huts under sub-clause (ii) of clause 23 and thatch shall not be used for roofing.
x) Any layout or sub division as approved by concerned Authority and falling within this development plan area shall be allowed to continue as such and the rules and regulations stipulated and annexed with the said layout or sub division shall alone be made enforceable for that area.
xi) Layouts of HUDCO and World Bank programmes shall be exempted from the minimum standard of Detailed Development Plan. The Director may permit the layouts of any other official agency with different standards than that of the Detailed Development Plan.
xii) As soon as Development Control Rules are approved by Government and notified, the D.C.R. as to be annexed with the Master Plan are only made enforceable and these D.D.P.clauses are ceased to operate.
Shopping and business area Additional areas for shopping and business premises Industrial uses Installations III - SHOPS AND BUSINESS PREMISES
9. Shops and business premises shall be permitted only in the area shown in Schedule VIII.
10. Any other places or areas may be specified and declared as reserved for specific purpose from time to time by the Responsible Authority with the previous approval of the Director.
11. Factories or workshops wherein gas, steam, water or wind, mechanical or electrical power is employed shall not be permitted in the area, but installation run by electric power not exceeding 50 H.P. approved by Municipal Health Officer shall be permitted by the Responsible Authority in the places reserved for shops and business premises under clause 9.
12 i) Buildings intended for installation mentioned in clause 11 shall be detached and shall have sufficient ventilation and shall satisfy other conditions specified by the Responsible Authority or Municipal Health Officer.
ii) A distance of 6 metres shall separate the places of installation from residential structures so that the installation do not prove to be a source of nuisance to the residents.
iii) The industries permissible shall be such as in the opinion of the Responsible Authority will not produce noxious or dangerous gases or smoke or otherwise be a source of nuisance.
IV – INDUSTRIAL USE
13. i) Factories or workshops shall be permitted within the area, Industrial and regulated industrial uses Motive power alternative types permitted Minimum size of site for Industrial use Conditions for installation reserved and zoned as such for industries and regulated industries as shown in Schedule IX. As per DTCP circular 19436/06 BA1, dt. 27.11.06 and all commercial usees listed under use zone 1(a), 1(b) and 2 of Master Plan shall be permitted by the responsible authority.
ii) a)“Regulated industrial area” means, it is an area which allows and regulate the installation of prime movers run by purely electric energy limiting magnitude or horse power maximum proportionate to the extent of site wherein such installations are proposed.
b) Each industrial site can also have independent installation for power production or can change from electrical installation to steam or oil whenever necessary.
c) No industrial site for any one industry shall be less than 405 sq. metres in extent.
d) The extent of site in relation to the maximum installation permissible herein shall be regulated as indicated below.
Area of Site Max.HP Permissible 405 sq.Metres and over but below 810 sq.metres 20 810 sq.Metres and over but below 1215 sq.metres 30 1215 sq.metres and over but below 2025 sq.metres 50 2025 sq.metres and over but below 4050 sq.metres 80 4050 sq.metres and over 150 iii) a) Buildings intended for installation shall be detached and shall have sufficient ventilation and shall satisfy other conditions specified by the Responsible Authority/ Municipal Health Officer.
b) In every site there shall be between any building and side boundaries of the site an open space of not less than 3 metres on each side and a distance of 6 metres shall separate places of installations from essential residential structures.
Drainage and disposal of effluent Exclusion from the notification under Public Health Act Power of Director to permit special institutions Land sub division power of Director c) Not more than two thirds of the extent of the site shall be built upon.
d) Sufficient means of effective drainage and discharge of effluent shall be provided in every site by the owner or occupier of sites.
The effluent shall be suitably treated to the specification of the Responsible Authority before being allowed to flow into common drains.
iv) Any part of D.D. Plan, if had been included, in the area notified under section 89 of the Public Health Act, 1939, it shall be deemed to have been excluded from such notification made.
14. No building intended for residential purposes shall be permissible in this area except residential buildings for Caretakers, Watchman and other essential staff required to be maintained in the premises, Hotels, restaurants and clubs, places for social inter course, recreation and worship, dispensaries and clinics, technical institutions such as ITI and Polytechnic may be permitted in the area by the Responsible Authority.
V - LAND SUB DIVISION AND STREETS
15. i) No owner or other person shall lay out a street, lane or pathway or sub-divide utilise, sell, lease or otherwise dispose of his land or any portion or portions of the same as site or sites for building purposes until a site or layout plan or plan of sub division has been approved by the Responsible Authority who shall consult the Director before granting approval or permission.
ii) The application for approval of such sites or layout plan or plan of sub-division, shall be submitted to the Responsible Authority in the form specified in Schedule VI with such variation as the Form of application for layout Approved layout enforceable Roads and streets to be formed by the Responsible Authority or the owners Roads to be formed by the Responsible Authority Expenditure to be recovered from owners circumstances may require. The Responsible Authority may in the interests of the Development Plan impose reasonable restrictions and conditions and also insist on such modification or alteration of the plan as the Director may consider necessary.
iii)The restrictions and conditions as laid down by the Responsible Authority and the plan as approved or modified or altered by the Responsible Authority shall be adopted by the owners or other persons and shall be enforceable.
16. i) Subject to the provisions of the Development Plan all the new and future streets given in Schedule III shall be formed by the Responsible Authority or the owners as the case may be, on the lines shown in Map No.
Provided that reasonable modifications may be made by the Responsible Authority with the approval of the Director.
ii) The streets mentioned in Part I of Schedule III and shown in Map No. shall be demarcated, formed and constructed by the Responsible Authority in such manner as he thinks necessary for the proper development of the area or expedient for the safety or convenience of the public.
iii) Provided that two thirds of the entire cost of acquisition of the lands and of the metalling, draining, and lighting of the streets may be recovered from the owners or occupiers of lands and buildings abutting the street in such proportion as may be decided by the Responsible Authority.
iv) Every other street shown in Part II of Schedule III and in Map No. shall be constructed in accordance with the provision of this Streets to be formed to the satisfaction of the Responsible Authority Private streets Applicability of Panchayat/ Urban Local Bodies Act for layout streets Time limit for forming layout roads by owners Development Plan by the owners of properties abutting or fronting such streets. Every such street shall be levelled, paved, metalled, flagged, channelled, sewered, drained, conserved and lighted by the owners aforesaid to the satisfaction of the Responsible Authority.
v) All private streets that may be permitted in the area shall conform to the proposed development of the area and comply with the conditions imposed by the Director.
vi) Save where the site or sites intended for building purposes about on an existing public or private street made in conformity with the provision of section 250 & 251 of Municipal Act, the owner of land shall layout and make a street or streets giving access to the site or sites and connecting with an existing street in accordance with the provisions of the Development Plan.
vii) Section 166 to 189 of he Municipal Act, and the bylaws and rules made under sub-sectin 8 of the section 306 and section 303 of the said Act or appropriate section in the respective Acts shall apply for hte formation and construction of streets under the Development Plan in so far as they are not inconsistent with the provisions of the Development Plan.
viii)The owner shall, within sixty days or such time as the Responsible Authority may permit but not more than six months after being informed by the Responsible Authority have the streets and roads duly laid and allied works carried out to the satisfaction of the Responsible Authority, after which alone the layout approval will be granted.
Powers of Responsible Authority to carry out works:
Power to make agreement to make streets Allied works to be part of street works Minimum width of streets Building line ix) The Responsible Authority where the owner fails to carry out the works as specified in sub-clause (viii) above shall have the estimates for the street works prepared and communicated to the owner within sixty days of the expiry of the time specified therein.
The estimated cost of such works shall be deposited with the Responsible Authority by the owner. The Responsible Authority may carry out the works on such deposition by the owner.
x) Notwithstanding anything contained in the above sub-clause
(i), (iii) and (vi), the Responsible Authority may subject to any agreement with the owners or occupiers as to the cost of making, undertake to construct any private street in the area provided that such agreement is in the opinion of the Director, not prejudicial to the interest of the Development Plan.
xi) In laying out a street so far as may be necessary, the works relating to all proper approaches, embankments, culverts, retaining walls, drains and other works connected there with or incidental there to shall form part of street works.
xii) Every private street shall be at least 9 metres in width, except dead-end streets not exceeding 90 metres in length which may have a width of not less than 6.00 metres. Streets in areas set apart or declared for poor class housing or hutting shall have a width of not less than 6 metres.
xiii) The building line in respect of all streets shall be as shown in Map No. and as specified in schedule III subject to any variation as may be decided from time to time by the Director.
xiv) The Responsible Authority shall so far as the funds at his Provision of drains Exchange of land to adjust boundaries.
Buildings prohibited in road space Constructions within building line Height of structure within building line space disposal may permit, provide and maintain a sufficient and satisfactory system of public drains along the public streets in the area for effective drainage and discharge of sewage.
xv) For the purpose of adjusting the boundary of any street, the Local Planning Authority may make an exchange of land owned by it or forming part of street for other land that may be required with or without paying or receiving any money for equality of exchange.
VI. SITE AND CONDITIONS FOR BUILDINGS
17. i) No building shall be constructed or reconstructed in any land in which building is expressively forbidden or which is reserved in the Development Plan for any purpose incompatible with buildings or in the reserved areas of this plan.
ii) No person shall built any wall or street or fence or other construction or projection or make any encroachment over any land intended for use as a street or lane.
iii) No building of any description other than a compound wall or fence shall be constructed in the space within the building lines specified in sub clause (xiii) of clause 16 above except in the continuously built shopping area where an arcaded verandah or roofed pathway of suitable design architecture, heights and materials approved by the Responsible Authority may be permitted with the prior approval of the Director.
iv) No compound wall or fence erected within the building line shall be of a height greater than 1.5 m measured from the crown level of the adjoining streets provided that gate pillars, Plot Coverage Rear Open Space piers and decorative features may be allowed above such height as the Responsible Authority may think fit.
v) The height of the building at the building line shall not exceed one and half times the width of the street except in the case of service lanes and streets with width less than 1.5 m. For every additional set back of the building by one metre, permitted height can be increased by 2.5 metres.
vi) The Responsible Authority may impose a ceiling on the height of high rise buildings or restrict such buildings to such areas as may be deemed fit, details of such restrictions, if any are shown in Schedule X.
18. i) Not more than one half of the extent of a site shall be built upon, except in the areas reserved under the Development Plan for Poor class dwelling houses and huts and for shops where not more than two thirds the extent of a site shall be built upon.
The space left unbuilt on any site shall be maintained as a private garden, courtyard or private open space in such a state as not to be nuisance or annoyance to neighbours or persons using the adjoining streets or occupying the adjacent plots or sites.
ii) The rear open space shall be
(i) 4.5 m. in general;
(ii) 3m for buildings meant for residential with ground and first floors only; and
(iii) 1.5 metres for buildings in poor class area as per schedule VII and 2 metres for buildings in shops and business premises as per Schedule VIII.
Notified streets for specified type of buildings Side open The rear open space shall be for the entire width of the site from the rear boundary of the site and in such rear open space only well, latrine, garage, cow-shed or such buildings not meant to be used for the purpose of human habitation may be permitted provided that such buildings does not occupy on the whole more than one third of the width of the site and also provided that the height of such buildings shall not exceed 3.6m.
measured from the rear level of the site to the top of the parapet or upto half of the height of the roof as the case may be.
iii) The Local Planning Authority may notify at any time any street in which only detached buildings shall be permitted and there shall be on either side of every such building an open space of not less than 3 metres between the edge of the building and the rear site boundaries of the site. Provided that if an open space of 4.25 metres left on one side of the building it shall be sufficient to leave 1.75 metres open space on the other side.
iv) In the case of all other streets if buildings are detached, there shall be on either side of such building an open space of not less than 1.5 m. between the building and the side boundaries of the site and if the building is semi detached, there shall be an open space of not less than 3 metres between each such detached side of the building and in poor class areas the above said open space shall be 1 metre and 2 metres respectively.
Explanation: The expression 'side boundaries' shall mean the boundaries of the site which are not either the front boundary abutting the street or the rear boundary away from the street in Drainage Suitability of land for building Prohibition of removal of earth front.
19. i) Sufficient means of effective drainage and discharge of sewage shall be provided in every private street by the owners or occupiers of sites abutting there of and every site and building shall be provided with suitable drains leading to the nearest street drain.
ii) No site in the area which under wet cultivation or which is low lying shall be fit for residential or other building construction unless its level is raised suitably above the level of the nearest adjoining street or as may be approved by the Responsible Authority.
iii) Except to the extent necessary for excavation of foundations, wells levelling or sloping of ground, the owner or other persons shall not remove any earth from land in the area for building or for any other purpose so as to create hollows or burrow pits therein.
VII-PLANNING PERMISSION
20. i) No owner or other person shall construct or reconstruct or in any way alter or add to, any building without conforming in every particular with provisions of this Development Plan and unless he/she has applied for and obtained permission of the Responsible Authority or the Local Body authorised by Local Planning Authority under section 49 read with section 47 of the act and in compliance with requirements of sub-clause (iv) below.
Planning Permission Application for planning permission Imposing conditions and restrictions in granting permission ii) The Responsible Authority shall before granting permission or approval under section 49 read with section 47 of the Act for any site or layout plan or plan of sub-division of any land, plot or site in the area or for construction, reconstruction or alteration of, or addition to any building in the area taken into consideration the desirability of reconstitution or redistribution of boundaries of any land plot or plots or site or sites under clause 22 as he thinks fit, and may impose any restrictions or conditions or pass such orders as may be necessary to secure such reconstitution or redistribution of boundaries of the land, plot or plots or site or sites. The restrictions or conditions imposed or the orders passed by the Responsible Authority shall be complied with the owners or the owner or other person or persons concerned and shall be enforceable.
iii) Subject to the provision of section 49 read with section 47 of the act, every application for permission required to be obtained under sub-clause(i) above, shall be submitted to the Responsible Authority in the form No.1 specified in the rules regarding application for planning permission under Tamil Nadu Town and Country Planning Act, 1971 with such variations as the circumstances may require and shall be accompanied by site plan and ground floor plan and plan for each floor, elevations and sections of the existing building or Development Charges Reconstitution of plots:
buildings if any and proposed building and buildings and also a specification or specifications in regard to design, materials, architecture, drainage, water-supply, use of buildings and other details of building construction.
iv) The Responsible Authority shall have power to impose reasonable restrictions and conditions while granting permission and to make reasonable modifications or alterations in the location, design, architecture or materials of the building or buildings as he thinks fit, or shall cause such modifications or alterations to be made as the Director may consider necessary. The restrictions and conditions as laid down by the Responsible Authority shall be complied with and plans and the specifications as approved or modified or altered by the Responsible Authority or as altered by the Director shall be adopted by the applicant, owner or other person concerned and shall be enforceable.
21. i) The Local Planning Authority or Local Body authorised by the Local Planning Authority shall collect the development charges from the land owners on granting planning permission under clause 20 (i) subject to the provisions of the act and rules made thereunder.
ii) The rate of development charges to be collected shall be as notified by the Local Planning Authority in the Tamil Nadu Government Gazette from time to time.
VIII - MISCELLANEOUS
22. i) Where necessary, boundaries of sites or lands shall be redistributed and plots reconstituted in the manner prescribed Reconstitution of plot boundaries:
procedure for List of reserved lands Additional reservation for different uses Power of Responsible Authority to prepare layout plan for selected areas by the Responsible Authority in consultation with the Director in order to:
a) Suit the alignment of proposed streets or b) Provide frontage on streets; or c) Improve the size and shape of the plots in order to render them suitable for building purposes; or d) Secure the transfer of ownership of land or portion of land, site or portion of site from one person to another.
ii) Every proposal for redistribution or alteration of boundaries of lands or reconstitution of plots or sites in the area in any manner specified in sub-clause (i) above which may be made by the owner or owners concerned or by the Responsible Authority as required under sub-clause (ii) of clause 20 or sub-clause (vi) of clause 8 shall be submitted in a statement in the prescribed form and when the reconstruction or redistribution is found to be necessary for the approval of the Director.
23. i) A list of lands reserved for streets, roads and other purposes specified under section 20(K) of the act is shown in the schedule III, IV, VII, VIII, IX and X.
ii) Despite anything contained in sub-clause (i) above and schedule IV, VII, VIII, IX and X the Local Planning Authority may from time to time to meet the demand declare any part of the area, with the approval of the Director and subject to such conditions and restrictions as he may think fit, as reserved for shopping, hutting, or poor class housing or for such other purposes which can be prescribed under section 20 (K) of the Act. Any part of Housing Scheme Estimate of cost of Detailed Development Plan Applicability of Urban Local Bodies Act Acquisition of land the area so declared shall be included under lands reserved under the Development Plan and treated as such.
iii) Notwithstanding anything contained in the Development Plan, the Responsible Authority may prepare a layout plan for any portion of the area to determine the lines in which the Detailed Development Plan of such area shall take place and the manner in which the layout of streets, subdivision of lands into sites for building purposes and the reservation of any land for any other specified purpose shall be carried out and submit the same for approval of the Director. The layout plan as approved by the Director and restrictions and conditions if any imposed by him shall be read as part of the Development Plan and shall be enforceable.
24. Housing schemes may be undertaken by the Responsible Authority without prejudice to the Development Plan subject to the previous sanction of the Local Planning Authority and with the concurrence of the Director.
25. An estimate of the total and net cost of the Development Plan is given in schedule II. The net cost proposed to be financed is stated therein. The estimate is liable for revision as the Responsible Authority may consider necessary.
26. The provisions of Municipal Acts & Rules, Bylaws and Regulations made there under shall be applicable to the area in so far as they are not inconsistent with the Development Plan.
Compensation for injurious affection Breach of provision and conviction Appeal to the Director against orders under clause- 20 Power to Director to relax time limit of appeal
27. Any land in the area required for the purpose of the Development Plan may be acquired by acquisition, purchase or otherwise, by the Local Planning Authority at any time subject to the provisions of the Act and without prejudice to the interests of the Development Plan subject to the provisions of sections 36 and 37 of the Act. The publication of notice of the preparation of the Development Plan under sub-section (i) of section 27 of the Act in the Tamil Nadu Government Gazette shall in respect of any land mentioned in Schedule V, operate as declaration under section 6 of the land acquisition act, 1894 for acquisition for the purpose of the Development Plan.
28. Any person whose property is injuriously affected by any refusal to grant the permission applied for under section 49 read with section 47 of the act or by the notification of the Development Plan shall if he wants to make a claim for the purposes under section53 of the act, submit such claim to the Local Planning Authority within 12 months of the date of such refusal or of the date of the Development Plan, as the case may be.
29. Any person who commits or knowingly permits a breach of any of the provisions of this Development Plan, who neglects or fails to comply with any of the provisions of this Development Plan or any orders, proceedings, conditions, restrictions, limitations or terms made or imposes under or in pursuance of any of the provisions of this Development Plan, the rules or the act shall on conviction, be punished in accordance with section 88 of the Act.
30. i) Any person objecting any decision or order or passed by the Appeal to Director against orders under clause
21.
Power of Director to relax time limit to appeal Appeal to tribunal Power of tribunal to relax time limit of appeal Local Planning Authority under clause 20 above may, within a period of two months from the date on which the decision or order was communicated to him in the manner prescribed appeal against such decision or order to the Director.
ii) Provided that the Director may admit an appeal preferred after the expiration of the said period if he is satisfied that the appellant has sufficient cause for not preferring the appeal within the said period.
31. i) Any person objecting to any decision or order taken or passed by the Local Planning Authority under clause 21 above, may within a period of 2 months from the date on which the decision or order was communicated to him in the manner prescribed appeal against such decision or order to the Director.
ii) Provided that the Director may admit an appeal preferred after the expiration of the said period if he is satisfied that the appellant has sufficient cause for not preferring the appeal within the said period.
iii) Provided further that no appeal shall be entertained under this clause unless it is accompanied by satisfactory proof of the payment of the Development Charges admitted by the appellant to be due.
iv) Any person objecting to an order passed by the Director under sub-section (3) of section 76 may, within a period of two months from the date on which the order was communicated to him in the manner prescribed, appeal against such orders to the tribunal.
v) Provided that the tribunal may admit an appeal preferred after the expiration of the said period if it is satisfied that the appellant has sufficient cause for not preferring the appeal within the said period.
Executive Authority/Member Secretary Deputy Director of Local Planning Authority Town and Country Planning ……………………………… Region.
Assistant Director Joint Director Additional Director D.D.P.Division D.D.P.Division of Town and Country Chennai Chennai Planning, Chennai Special Commissioner / Director of Town and Country Planning Government of Tamil Nadu.
COPY OF:
RURAL DEVELOPMENT AND LOCAL ADMINISTRATION DEPARTMENT Planning Authority (Audit and accounts) Rules, 1978.
(G.O.Ms.No.706, Rural Development and Local Administration, 10th May 1978) No.SRO A-264/78 - In exercise of the powers conferred by sub section (1) of Section 69 read with clause(f) of sub- section (2) of section 122 of the Tamil Nadu Town and Country Planning Act, 1971 )(Tamil Nadu Act, 1972), the Governor of Tamil Nadu hereby makes the following rules:- RULES
1. Short title and commencement:- (1) These rules may be called the Planning Authority (Audit and Accounts)Rules, 1978,
2. Definitions:- In these rules, unless the context otherwise requires:-
(i) "Act" means the Tamil Nadu Town and Country Planning Act, 1971(Tamil Nadu Act 35 of 1972)
(ii) "Executive Authority" means the executive authority of the local planning authority constituted under section 11 of act, It also includes the Member/Secretary of the Madras Metropolitan Development Authority. In cases where the local planning authority consists of a single local authority, then the executive authority of that local authority in other cases where the local planning authority consists of more than one local authority then, the executive authority of the largest local authority in terms of population will be the executive authority of that local planning authority.
(iii) "Director" means the Director of Town and Country Planning .
3. Form of the accounts:- Every Planning Authority shall maintain its accounts of the Forms appended to these rules,
4. Submission of accounts:- A summary of the Fund accounts shall be submitted to the Director and the Member Secretary of the Tamil Nadu Town and Country Planning Board with a copy to the auditor and later than the first day of June.
5. Items of expenditure and receipts:- a) The items of expenditure which shall be debited and the items of receipts which shall be credited to the revenue section of the fund account should be as follows:-
(1) Items of expenditure:
(1) Salary of staff employed
(2) Allowances pensionary contribution and cost of conveyance or hire of vehicles for the officers and servants appointed for the preparation and execution of development plan.
(3) Survey charges
(4) Contingencies and equipment renewals
(5) Law charges
(6) Interest on loans
(7) Stationery, printing and notification expenses and cost of preparation of maps and maintenance of records and registers
(ii) Items of receipts :-
(1) Rent of lands included in scheme:
(2) Ground - rent
(3) Product from lands
(4) Interest on investments
(5)Law charges recovered
(6) Sundry receipts including sale-proceeds of copies of maps and schemes
(b) The items of expenditure which shall be debited and the items of receipts which shall be credited to the capital section of the fund account shall be as follows:
(1) Items of expenditure:
(1) Cost of acquisition of land, buildings etc.
(2) Cost of works of improvement provided in development plans
(3) Repayment of loans (sinking fund charges)
(4) Investments
(5) Compensation for injurious affection.
(6) Advances made
(7) Miscellaneous
(1) Cost of preparation of schemes including special surveys
(2) Cost of tribunal including staff and contingencies if any
(8) Expenses of enforcement
(ii) Items of receipts:-
(a) Receipts under
(i) Receipts from the development charges levied under section 59
(ii) Other receipts from the schemes implemented by the authority including remunerative enterprises.
(iii) Receipts from grants from the Government or the State Town and Country Planning and Development Fund.
(iv) Receipts from interests on investments loans and advances and rents.
(v) Receipts from local authority under sub-section (3) of section 65
(vi) Other miscellaneous receipts under the Act
(vii) Deduct - refunds
(b) Recoveries under loans and advances account
(c) Loans raised by the Authority:-
(i) Loans and advances from the State and Town and Country Planning Fund.
(ii) Loans and advances from the State Government
(iii) Other loans
(4) Deposits:- (i) Security deposit
(ii) Other deposits
(6) Auditors of the accounts:- The accounts of the planning authority shall be audited once a year by the auditor appointed by the Government under sub-section (2) of Section 69 of the Act.
(7) Submission of accounts to Auditor:- The executive authority shall submit all accounts to the auditor as may be required by the auditor.
(8) Powers of the Auditor:- The auditor may -
(a) by summons in writing, require the production of any book, deed, contract, account, voucher, receipt or other document for perusal of examination of which they consider necessary:-
(b) by summons in writing require any person having the custody or control of any such document or accountable for it is appear in person before them, and
(c) required a person to appearing to make and sign a declaration with respect of such document or to answer any question or to prepare and furnish any statement relating thereto
(9) The auditor shall certify the correctness of statements and accounts prepared in accordance with rule 3,
(10) Submission of the audit report: The auditor shall -
(a) report to the planning authority any material impropriety or irregularity which they may observe in the expenditure or the recoveries of money due to the planning authority or in the planning authority's accounts.
(b) furnish the planning authority such information as it may require concerning the progress of their audit.
(c) report to the planning authority any lose or waste of money of other property owned by or vested in the planning authority caused by neglect or misconduct, with the names of persons, directly or indirectly responsible for such loss or waste,
(d) submit to the planning authority the final statement of the audit and a duplicate copy thereof to the Government within a period of four months from the date of receipt of the annual account or within such other period as the Government may, notify
(11) Submission of the Audit Report to Director and Government:- The Executive authority shall place the audit report with his replies thereto before the planning authority and submit it to the Director and the Government together with a copy of his replies and the resolution of the planning authority approving them within two months from the date of receipt of the audit report, through the auditor. The auditor will forward the replies to the Government withhis remarks for passing orders.
CERTIFICATE OF VERIFICATION OF BALANCE I CERTIFY that the closing balance shown in this account is in agreement with the balance arrived at in the Cash book. The Bank Pass book has been compared with the cash book and difference in balance between them is explained below:
I also certify that I have personally examined the accounts and registers and that I find
(i) that the receipts and expenditure of the year have been properly accounted for, and
(ii) that the figures in this return agree with those shown in the posting register which I have compared with the subsidiary registers.
SENIOR ACCOUNTS OFFICER.
APPENDIX (Referred in rule 3) Annual account of receipts and charges for the year 19 - 19-- planning authority.
Note:(1) Head of accounts not provided for in this form that found absolutely necessary in clarifying the various transactions under Receipts and Expenditure may be opened in consultation with the Auditor.
II. Receipts capital 1 Grants 2 Sale of lands 3 sale of building 4 Receipts from the Development charges levied under sec 59 5 Receipts from local authorities under section 65(3) 6 Other miscellaneous receipts under the Act.
7 Other receipts from the schemes implemented by the Authority 8 Remunerative enterprises.
9 Investments realised 10 Loans and advances from the Government 11 Loans raised by the Authority Total receipts capital III. DEPOSITS AND ADVANCES (Expenditure or Receipt) Grand - Total receipts ordinary capital and receipts and advances Grand Total including opening balance FORM II Bud