The Tamil Nadu Laws (Special Provisions) Act, 2008

 
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The Tamil Nadu Laws (Special Provisions) Act, 2008 
 
Act 56 of 2008 
 
 
 
 
 
 
 
 
Keyword(s): 
Special Provisions 
 
TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY 253
The following Act of the Tamil Nadu Legislative Assembly received the assent
of the Governor on the 29th November 2008 and is hereby published for
general information:—
ACT No. 56 OF 2008.
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 Metropolitan Planning Area in force,
the Development Control Rules contained therein and the building rules, regulations and
bye laws;
AND WHEREAS, the Government have constituted a committee headed by a retired
Supreme Court Judge to look into all aspects of developments and to suggest necessary
modifications to the Tamil Nadu Town and Country Planning Act, 1971 (Tami Nadu Act
35 of 1972);
AND WHEREAS, it is expected that the recommendations of the Committee aforesaid
may involve substantial amendments to the Tamil Nadu Town and Country Planning Act,
1971 (Tamil Nadu Act 35 of 1972) and some with retrospective effect, and in particular
to the provisions relating to construction and use 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
published for public objections and suggestions giving time upto 31-8-2007. The Draft
Second Master Plan 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.
AND WHEREAS, a comprehensive policy for the improvement of slum areas and
resettlement of the people in slum area wherever necessary in the Chennai Metropolitan
Planning Area is contemplated by the State Government;
AND WHEREAS, a detailed study of the issues relating to unauthorized occupation
by the vendors and hawkers in the public street is contemplated with a view to evolving
a scheme for regulating their activities in terms of the Master Plan II;
AND WHEREAS, action for violation of the provisions of the First Master Plan for
Chennai Metropolitan Planning Area in force and Development Control Rules contained
therein, before a final view is taken in the matter by the Government may cause avoidable
hardship and irreparable loss to a large number of people including small traders;
AND WHEREAS, the Tamil Nadu Laws (Special Provisions) Ordinance, 2007
(Tamil Nadu Ordinance 1 of 2007), which was replaced by the Tamil Nadu (Special
Provisions) Act, 2007, (Tamil Nadu Act 39 of  2007) was challenged before the High
Court of Madras, and it was quashed by a Division Bench of the High Court of Madras;
AND WHEREAS, in the Special Leave petitions filed before the Supreme Court of
India against the above Judgement of High Court of Madras, quashing the above said
Tamil Nadu Ordinance 1 of 2007 and the said Tamil Nadu Act 39 of 2007, the Supreme
Court has ordered that status quo as on 14-12-2007 shall be maintained until further
orders and the petitioners shall not pass any order of regularization in the meantime;
AND WHEREAS, the validity of the said Tamil Nadu Act 39 of 2007 is pending before
the Supreme Court of India and the said Tamil Nadu Act 39 of 2007 would cease to
operate from the 27th day of July 2008.
254 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY
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 sprit 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 Government will require more time to consider the report of
the committee headed by a 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, 2007 has not been subserved and it is expedient to have a law to provide
temporary relief to the people of Chennai Metropolitan Planning Area against such action
for a period up to 26th July, 2009 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;
B
E it enacted by the Legislative Assembly of the State of Tamil Nadu in the
Fifty-ninth Year of the republic of India as follows:—
1. (1) This Act may be called the Tamil Nadu Laws (Special Provisions)
Act, 2008.
(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 2008.
(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 Act had then been repealed by a Tamil Nadu Act.
2. (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, the
Tamil Nadu District Municipalities Act, 1920 and the Tamil Nadu Panchayats Act, 1994
as the case may be, relating to buildings;
(b) “Chennai Metropolitan Planning Area” means the Chennai Metropolitan
Planning Area specified under clause (23-a) of section 2 of the Tamil Nadu Town and
Country Planning Act, 1971;
(c) “detailed development plan” means a detailed development plan approved
under the Tamil  Nadu Town and Country Planning Act, 1971, in respect  of any area
covered under the Chennai Metropolitan Planning Area;
(d) “Development Control Rules” means the Development Control Rules for
Chennai Metropolitan Planning Area;
(e) “Government” means the State Government;
(f) “local authority” means the Chennai City Municipal Corporation established
under the Chennai  City Municipal Corporation Act, 1919 or Municipalities  or Town
Panchayats (within Chennai Metropolitan Planning Area) established under the Tamil Nadu
District Municipalities Act, 1920 or Panchayat Unions or Village Panchayats (within Chennai
Metropolitan Planning Area) established under the Tamil Nadu Panchayats Act, 1994 or
the Chennai Metropolitan Development Authority constituted under the Tamil Nadu Town
and Country Planning Act, 1971, legally entitled to exercise control in respect of the areas
under their respective jurisdictions;
Short title,
extent
commence-
ment and
duration.
Tamil Nadu
Act 1 of
1891.Definitions.
Tamil Nadu Act
IV of 1919.
Tamil Nadu Act
V of 1920.
Tamil Nadu Act
21 of 1994.
Tamil Nadu Act
35 of 1972.
Tamil Nadu Act
35 of 1972.
Tamil Nadu Act
IV of 1919.
Tamil Nadu Act
V of 1920.
Tamil Nadu Act
21 of 1994.
Tamil Nadu Act
35 of 1972.
TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY 255
(g)  “Master Plan” means the Master Plan for Chennai Metropolitan Planning
Area, published under the Tamil Nadu Town and Country Planning Act, 1971;
(h) “public street” means public street as defined  in clause (37) of
section 2 of the Tamil Nadu Town and Country Planning Act, 1971;
(i) “punitive action” means action taken by local authority within Chennai
Metropolitan Planning Area under the relevant law against unauthorized development and
shall include demolition, whether in pursuance of court orders or otherwise;
(j) “relevant law” means in case of—
(i) the Chennai Metropolitan Development Authority, the Tamil Nadu Town
and Country Planning Act, 1971;
(ii) the Chennai City Municipal Corporation, the Chennai City Municipal
Corporation Act, 1919;
(iii) the Municipalities and Town  Panchayats, the Tamil Nadu District
Municipalities Act, 1920; and
(iv) the Panchayat Unions and Village   Panchayats, the Tamil Nadu
Panchayats Act, 1994;
(k) “unauthorized development” means use of any land or any building or
construction of any building carried out,—
(i) in deviation from any planning permission or building permit; or
(ii) without obtaining any planning permission or building permit; or
(iii) in contravention of the land use zoning under the Master Plan or any
approved detailed development plan; or
(iv) in contravention of the Development Control Rules for Chennai
Metropolitan Planning Area, building rules, regulations, bye-laws applicable to areas within
the Chennai Metropolitan Planning Area;
and includes unauthorized occupation by hawkers and street vendors in
the public street and by the people in the slum area;
(2) The words and expressions used but not defined herein shall have the
meanings respectively assigned to them in the Tamil Nadu Town and Country Planning
Act, 1971, the Chennai City Municipal Corporation Act, 1919, the
Tamil Nadu District  Municipalities Act, 1920 and the Tamil Nadu Panchayats
Act, 1994.
3. (1) Notwithstanding anything contained in any  relevant law or any rules, regulations
or bye-laws made  thereunder, the Government shall within a period of one year from
the date of commencement of this 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.
Tamil Nadu Act
35 of 1972.
Tamil Nadu Act
35 of 1972.
Tamil Nadu Act
35 of 1972.
Tamil Nadu Act
IV of 1919.
Tamil Nadu Act
V of 1920.
Tamil Nadu Act
21 of 1994.
Tamil Nadu Act
35 of 1972.
Tamil Nadu Act
IV of 1919.
Tamil Nadu Act
V of 1920.
Tamil Nadu Act
21 of 1994.
Government to
finalise
norms and
policy
guidelines,
etc.
256 TAMIL  NADU  GOVERNMENT  GAZETTE  EXTRAORDINARY
(2) Subject to the provisions contained in sub-section (1) and notwithstanding any
judgement, 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 provision 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. 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 unauthorized development started or continued on or after the
27th day of July 2007;
(b) commencement of any activity anywhere in the Chennai Metropolitan Planning
Area in violation of the provisions of the Master Plan or any detailed development plan
on or after the 27th day of July 2007;
(c) unauthorized occupation on public street except in those cases which are
covered under clause (d) of sub-section (1) of section 3; and
(d) removal of people in slum area, hawkers and street vendors in accordance
with policies of the Government, for clearance of land required for any public project.
5. The provisions of this 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. 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. (1) The Tamil Nadu Laws (Special Provisions) Ordinance, 2008 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.
(By order of the Governor)
S. DHEENADHAYALAN,
Secretary to Government,
Law Department.
The provisions
of this Act
not to apply
in certain
cases.
Act to over-ride
other laws.
Power to give
directions.
Repeal and
saving.
Tamil Nadu
Ordinance
4 of 2008.

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