The Tamil Nadu Laws (Special Provisions) No. 2 Act, 2010

Tamil Nadu Laws (Special Provisions) No. 2 Act, 2010 
Act No.45 of 2010 
Arrangement of Sections 
Sections 
1. Short title, extend and commencement.  
2. Definitions.  
3. Government of 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) No. 2 Act, 2010 
Act No.45 of 2010 
[1st December 2010] 
An Act to make special provis ions for Chennai Metropolitan Planning Area for a period of 
one year and for matters connected therewith or incidental thereto 
 
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty -first 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) No. 2 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 2010.  
 (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, (Tamil Nadu 
Act I of 1891)  shall apply as if this Act had then been repealed by a Tamil Nadu Act. 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) , 
the Tamil Nadu Distric t 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, sp ecified under clause (23 -a) of section 2 of the Tamil Nadu Town and Country 
Planning 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   or Municipalities or Town Panchayats 
(within Chennai Metropolitan Planning Area) established under the Tamil Nadu  District 
Municipalities Act, 1920 or Panchayat Unions or Village Panchayats (within Chennai 
Metropolitan Planning Area) established under the Tamil Nadu Panchayats Act, 1994 or the 
Chennai Metropolitan Development Authority constituted under the Tamil Nad u Town and 
Country Planning Act, 1971, legally entitled to exercise control in respect of the areas under 
their respective jurisdictions; 
 (g) “Master Plan” means the Master Plan for Chennai Metropolitan Planning Area, 
published under the Tamil Nadu Town a nd 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, regu lations, bye-laws applicable to areas within 
the Chennai Metropolitan Planning Area;  
and includes unauthorized occupation by hawkers and street vendors in the public street and 
by the people in the slum area. 
 (2) The words and expressions used but not de fined herein shall have the meanings 
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 Muni cipalities Act, 1920(Tamil Nadu 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, regul ations 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 environment, to 
finalise norms, policy guidelines and feasible strategies to deal  with the problems of 
unauthorized developments with regard to the under mentioned categories, namely:—  
 (a) land use not conforming to, the Master Plan, detailed development plans or any 
Planning permission;  
 (b) construction in deviation from or beyond  planning permission or building permit; 
 (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 provisi ons 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 authority empowered under 
relevant law for initiating action against the categories of unauthorized development 
mentioned in sub -section (1) prior to 27th day of July 2007 shall be deemed to have been 
suspended and no punitive action shall be taken during the said period of one year.  
 (4) Notwithstanding any other provisions contained in this 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 notification 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 cas es.- 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 unauthorised development started or continued on or after the 27th day of 
July 2007;  
 (b) commencement of any activity anywhere in the Chennai Metropolitan Planning 
Area in violation of the provisions of the Master Plan or any detailed development plan on or 
after the 27th day of July 2007;  
 (c) unauthorized occupation on public street except in those cases which are covered 
under clause (d) of sub-section (1) of section 3; and  
 (d) removal of people in slum area, hawkers and street vendors in accordance with 
policies of the Government, for clearance of land required for any public project. 
 
5. Act to override 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 direc tions.- 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 autho rity 
to comply with such directions. 
 
7.Repeal and saving.- 
 (1) The Tamil Nadu Laws (Special Provisions) Ordinance, 2010 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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