Tamil Nadu act 045 of 2010 : The Tamil Nadu Laws (Special Provisions) No. 2 Act, 2010

(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8 of the Tamil Nadu General Clauses Act, 1891,(Tamil Nadu Act I of 1891) shall apply as if this Act had then been repealed by a Tamil Nadu Act.

(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 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 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 Nadu Town and Country Planning Act, 1971, legally entitled to exercise control in respect of the areas under their respective jurisdictions; (g) “Master Plan” means the Master Plan for Chennai Metropolitan Planning Area, published under the Tamil Nadu Town and Country Planning Act, 1971 (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 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 (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 Nadu Act V of 1920) and the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994).

(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. (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 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).

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.

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.

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.

(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.