The Tamil Nadu Laws (Special Provisions) Act, 2010

TAMIL NADU LAWS (SPECIAL PROVISIONS) ACT, 2010 
ARRANGEMENT OF SECTIONS 
 
1. Short title, extent and commencement. 
2. Definitions. 
3. Government to finalise norms and policy guidelines, etc. 
4. The Provisions of this Act not to apply in certain cases. 
5. Act to override other laws. 
6. Power to give directions. 
7. Repeal and Saving. 
  
TAMIL NADU LAWS (SPECIAL PROVISIONS) ACT, 2010 
(ACT NO. 7 OF 2010) 
[1st February 2010] 
An Act 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 Metropolit an 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 devel opments 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 Tam il 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; 
 
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 publ ished 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 M etropolitan 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 Chen nai 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 Go vernment 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 La ws (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 o f 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 orde rs 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 26t h 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 sub -served 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 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; 
 
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixtieth Year of the 
Republic of India as follows: — 
 
1. Short title, extent and commencement. — (1) This Act may be called the Tamil Nadu Laws 
(Special Provisions) Act, 2010. 
   (2) It extends to the Chennai Metropolitan Planning Area. 
   (3) It shall be deemed to have come into force on the 27th day of July 2009. 
   (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 Ac t had 
then been repealed by a Tamil Nadu Act. 
 
 
2. Definitions. — (1) In this Act, 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 (Tamil Nadu Act IV of 1919) 
(Tamil Nadu Act 1 of 1891), the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu 
Act V of 1920) and the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 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 Plann ing 
Act, 1971 (Tamil Nadu Act 35 of 1972); 
(c) "detailed development plan"  means a detailed development plan approved under the 
Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972), 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 (Tamil Nadu Act IV of 1919) or 
Municipalities or Town Panchayats (within Chennai Metropolitan Planning Area) 
established under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 
1920) or Panchayat Unions or Village Panchayats (within Chennai Metropolitan Planning 
Area) established under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 
1994) or the Chennai Metropolitan Development Authority constituted under the Tamil 
Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972), 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 (Tamil Nadu Act 35 of 
1972); 
(h) "public street" means public street as defined in clause (37) of section 2 of the Tamil 
Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972); 
(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 (Tamil Nadu Act 35 of 1972); 
(ii) the Chennai City Municipal Corporation, the Chennai City Municipal Corporation 
Act, 1919 (Tamil Nadu Act IV of 1919); 
(iii) the Municipalities and Town Panchayats, the Tamil Nadu District Municipalities 
Act, 1920 (Tamil Nadu Act V of 1920); and 
(iv) the Panchayat Unions and Village Panchayats, the Tamil Nadu Panchayats Act, 
1994 (Tamil Nadu Act 21 of 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 a reas 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 mea nings 
respectively assigned to them in the Tamil Nadu Town and Country Planning Act, 1971 (Tamil 
Nadu Act 35 of 1972), the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 
1919), the Tamil Nadu District Municipalities Act, 1920 (Tamil Nad u Act V of 1920) and the 
Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994). 
 
3. Government to finalise norms and policy guidelines, etc. — (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 Act, take 
all possible measures, with due regard to e nvironment, to finalise norms, policy guidelines and 
feasible strategies to deal with the problems of unauthorized developments with regard to the 
undermentioned 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; 
(c) development without any planning permission or building permit; and 
(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. 
    (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 Act shall 
be maintained in respect of the categories of unauthorized development mentioned in sub -
section (1). 
    (3) All notices issued by any local authority or any au thority 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 Act, 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 notific ation, in the  Tamil Nadu Government Gazette  in 
respect of the categories of unauthorized development mentioned in sub-section (1). 
 
4. The Provisions of this Act not to apply in certain cases. — During the period of operation 
of this Act, no relief shall be available under section 3 in respect of the following categories of 
unauthorized development, namely: — 
(a) any un -authorised 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. Act to over -ride other laws. — The provisions of this Act 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. Power to give directions.  — 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 Act and it shall be the duty of such local authority or authority to comply 
with such directions. 
 
7. Repe al and Saving.  — (1) The Tamil Nadu Laws (Special Provisions) Ordinance, 2009 
(Tamil Nadu Ordinance 2 of 2009) is hereby repealed. 
    (2) Notwithstanding such repeal anything done, any action taken or any direction given under 
the said Ordinance shall be deemed to have been done, taken or given under this Act. 

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