Tamil Nadu act 016 of 1978 : The Tamil Nadu Nuclear Installations (Regulation of Buildings and Use of Land) Act, 1978

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Act 16 of 1978

Keyword(s):

Building, Re-erect a Building, Exclusion Area, Nuclear Installation, Nuclear Installation Area, Sterilised Area

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690 Nuclear In.stallations (Regulation 11978 :' T.N. Act 16%

of Buildings and Use of Land)

TAMIL NADU ACT NO. 16 OF 1978.*

THE TAMIL NADU NUCLEAR INSTALLAl'lciNS

(REGULATION OF BUILDINGS AND USE 0 5

LAND) ACT, 1978.

[Received the assent of the President on the 17th March 1978, first published in the Tamil Nadu Government Gazette Extraordinary on the 21st March 1978 (Panguni 8, pinkala (2009-Tiruvallu var Andu)) .] An Act to provide for the control of the construction of buildings and the use of land in the neighbourhood of any nuclear installation in the State of Tamil Nadu. BE it enacted by the Legislature of the State of Tamil Nadu in the Twenty-eighth Year of the Republic of India as follows :-

Short title, 1. (1) This Act may be called the Tamil Nadu Nuclear

and Installations (Regulation of Buildings and Use of Land)

wmmence- ment . Act, 1978.

(2) It extends to the whole of the tate of Tamil Nadu.

(3) It shall come into force in respect of a nuclear installation and the area within 4.8 kilometres from any portion of the boundary of any such nuclear installation on such date as the Government may, by notification, appoint. I

Doflnitions. 2. In this Act, unless the context otherwise requires,-

(1) " building" includes- I

(a) a house, out-house, stable, iattleshed,cow-house, latrine, godown, shed, hut, wall (other than a boundary wall not exceeding eight feet in height), roofed enclosure and any other such structure, whether wholly or partially constructed of masonry, bricks, mud, wood, metal or any other material whatsoever^;

(b) a structure on wheels or simply resting on the ground without foundation ; and

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*For Statement of Objects and Reasons, see Tumil Nadu Government Gazette Extraordinary, dated the 29th December 1977, Part 1V- Section 1, Page 73,

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' 1978 : T.N. Act 161 ~ u c l e u r Installations (Regulation ' 691 of Bgildings and Use of l a n d )

(c) a tent, van and any other structure used for human habitation or used for keeping or storing any article or goods^;

(2) a person shall be deemed " to re-erect a building"

if he-

(a) makes any material alteration to, or enlargement of, a building, or

(b) converts into a dwelling place any building not originally constructed for that purpose, or

(c) converts into two or more dwelling places a building originally constructed as a single dwelling place, or (d ) converts two or more dwelling places into a , larger number of such places, or

1^(e) converts into a factory, workshop or godown or into a stable, cattleshed or cow-house any building I originally constructed as a dwelling place, or

(f) makes any alteration which is likely to affect prejudicially the stability or safety of a building, or the condition of a building in respect of its drainage, sanitation or hygiene, or

(g ) makes any alteration to a building which'lncreases or diminishes its height or the area covered by it or the cubic capacity thereof, or which reduces the cubic capacity of any room therein^;

(3) " exclusion area ", in relation to a nuclear installation, means such area, within 1.6 kilometres from any portion of the boundary of such nuclear installation, as may be specified by the Government by notification ; I (4) "Government" means the State Government ; I (5) " nuclear installation " means the atomic power stations at Kalpakkam in the Chingleput district and in- cludes the Reactor Research Centre and Centralised Waste Management Facility at Kalpakkam and any other place notified by the Government in this behalf wherein other facilities connected with research and develop- ment in nuclear energy in Kalpakkam are provided or any other nuclear installation notified in the Tamil N a d ~

Government Gazette by the Government in this behalf ; ,

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92 NucIeor ~nrrollarions (Re l! ufnrion [l978': ?.N. Act I 6 of Buildings and Use of land)

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(6) " nuclear installation area", in relation to a nuclear installation, means the exclusion area and the sterilised area in relation to such nuclear installation ;

(7) " nuclear installation local authority ", in relation to any nuclear installation and nuclear installation area, means the nuclear installation local authority constituted under section 3 for the nuclear installation and having jurisdictionxunder this Act over the nuclear installation area ;

(8) " sterilised area ", in relation to nuclear installation meansj such area within 4.8 kilometres from any portion of the boundary of such nuclear installation, as may be specified by the Government by notification, but not including the exclusion area.

~ ~ t i t u t i o ~ 3. (1) For every nuclear installation, the Government shall, by notification, constitute a nuclear installation local

local authority for the purpose of controlling the erection or

ruthority. re-erection of buildings and the use of land in the nuclear installation area. I

(2) The notification under sub-section (1) shall specify,-

(i) the date on which it shall take effect^;

(ii) the name of the nuclear installation local autho- . . rity ;

liii) the persons who shall be its members: and

(ivj the ierm of ofice of its members other'than the ex-officio members, if any.

(3) The Government shall appoint one of the members of the nuclear installation local authority to be its Chairman and another member to be its Secretary.

Bsr of 4. (1) The Government may, by notification, direct

gpp!*tion that the provisions of the Tamil Nadu District Munici-

of certain palities Act, 1920 (Tamil Nadu Act V of 1920), the Tamil

Am. Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958), the Tamil Nadu Public Health Act, 1939 (Tamil Nadu Act I11 of 1939) or any other enactment for the time being in force in the State of Tamil Nadu and relating to public health or local self government shall not apply to the nuclear installation area or shall apply thereto only to such extent and subject to such modifications and rest- rictions as may be specified in such notification.

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1978 : T.N. A& 161 Nuclear IttstalEations (Regulation 693

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(2) In particular, the notification under sub-section

(1) may authorise the nuclear installation local authority or its Chairman or Secretary to perform any duty or exercise any power assigned to a municipal council, a panchayat union council or a panchayat, cr to its Chairman or President or to any other authority or officer under the provisions of the Act so applied, subject

to such control as may be specified in such notification.

5. No person other than the Government or the Central Prohibit*

Government or any local authority shall use or cause to of USe "f land etc., be used any land in the exclusion area for any purpose i, exclusiar

including agricultural purpose, or carry out any agricultu- area e x a p t

ral, building, engineering,.mining or other operation in or for

over or under any land m such area or make any material change in the use of any building or land in such area :

provided that no local authority shall use or cause to be any land in the exclusion area for any purpose in- cluding agricultural purpose or carry out any agricultural, building, engmeering, mining or other operations in or over or under any land in such area or make any material change in the use of any building or land in such area without the prior approval of the nuclear instclllation

local authority :

Provided further that the continuance of the use of any building or land for the purpose and to the extent for, and to which it was being used on the date on which such area

is notified as exclusion area under clause (3) of section

2 may be permitted by the nuclear installation local authority by general or special order for such period and upon such terms and condit~ons as may be prescribed.

6. NO person other than the Government or the Central Prohihfion

oovernment or any local authority shall- of erect- or r e

erection of (a) erect or re-erect a building on any land ; or b,ilainrr etc., (b) put to use any agricultural land to any no*- without

agricultural purpose ; or licenor,

(c) carry out any engineering, mining or other

operation-on any land ;

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i 694 Nuclear 1nstaNation.s "(Regutcation [tm ! T.N.Aet 1 6

of Buildings and Use of Land) -

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within the sterilised area without a licence of the nuclear installation local authority and except in accordance with the terms and conditions specified in such licence :

Provided that no local authority shall erect or re-erect building on any land or put to use any agricultural land to non-agricultural purpose or carry out any engineering, mining or other operations on any land within the sterilised area without the prior approv: I ofthe nuclear installation local authority.

Application 7. (1) An application for a licence under section 6 shall

licence, be in such form, contain such particulars and be accom- panied by such plans and fee as may be prescribed.

(2) The applicant shall also furnish to the nuclear installation local authority any further information or plans which it may require, within such time as may be fixed by it.

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Qrdl~t 8. (1) On receipt of an application under section 7, licence. the nuclear installation local authority may grant a licence subject to such terms and conditions as it may think fit to impose or refuse to grant the licence :

I Provided that the licence shall not be refused unless the applicant has been given an opportunity of making his I I repres~ntations.

f i ) In particular and without prejudice to the generality of the provisions of sub-section (I) , the nuclear installation local authority may, in granting a licence under sub- section (1) for the erection or re-erection of a building, impose conditions in respect of all or any of the following matters, namely :-

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I (a) the free passage or way 'to be left in frdnt of the building : I

(b) the open space to be left about the bu\lding to

secure free circulation of air and the prevention of fire and to facilitate scavenging ;

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(c) the ventilation of the building, the minimunl cubic area of the rooms and the number and height of the storeys of which the building may consist ;

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I f 9% :- 5.N. Act 161 Nuclear Installations (Regulation 695 of Buildings and Use of Land)

(d) the provision and position of drains, latrines, urinals and cess-pools or other receptacles for rubbish or filth ;

( e ) the level and width of the foundation, the level ofthe lowest floor and the stability of the structure ; ( j ) the line of frontage, with neighbouring build- ings if the building abuts on a street ;

(g) the means of egress fro111 the building in case of fire ;

(h) the materials to be used for, and the method of construction of, external and partition walls, rooms, floors, fire-places and chimneys^;

( i ) the height and slope of the roof above the upper- most floor on which human beings are to live or cooking is to be done ; and

(j) any other matter affecting the ventilation and sanitation of the building.

(3) In granting or refusing to grant a licenceunder sub- section (I), the nuclear installation local authority shall have regard to the following matters, namely :-

(a) the possibility of the erection or re-erection of building, the non-agricultural purpose for which the land is to be used or the carrying out of any engineering, mining or other operation,-

I (i) creating unfavourable conditions in the environ- ment of the nuclear installation resulting in accidental release of radio activity into the atmosphere ; or

(ii) resulting in consequent growth of population around the nuclear installation ; and

(b) such other matters as may be prescribed.

(4) The licence granted under sub-section (1) for the erection or re-erection of a building shall specify the purpose for which the building is to be used,

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6% Nuclear Installutions (Regulation El978 : T.N. Aet 16 of Buildings and Use of Land) I

Power to 9. (1) The nuclear installation local authority may, at

;ancel Or any time, cancel or suspend any licence granted under slw.pend

section 8, if -

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dr I (a) such licence has been o ained by fraud, mis-

representation or suppression of material particulars ; or

(b) the holder of the licence has contravened any of the provisions of this Act or any rules made thereunder or any of the terms or conditions subject to which the

licence was granted.

(2) Before cancelling or suspending the licence under sub-section (I), the nuclear installation local authority shall give the holder of the licence an opportunity of making his representations.

bpse of 10. Every licence granted under section 8 shall be valid

1ica-m. for a period of one year from the date on which it is granted and if the erection or re-erection of the building or the user of agricultural land for non-agricultural purpose, or the engineering, mining or other operation for which the licence is granted, is not commenced within the said period, it shall not be commenced thereafter unless the nuclear installation local authority on application made therefor has extended the period.

penalties. 11. (1) Whoever contravenes the provisions of sectiop, 5 shall be punishable with fine which may extend to five thousand rupees,

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(2) Whoever within the sterilisid area begins, conti- nues or completes the erection or re-erection of a building, or puts to use any agricultural land to non-agricultural purpose or carries out any engineering, mining or other operation-

(a) vithout licence ; or^{- I}

(b) without complying with any of the terms or conditions of the licence ; or

(c) when a licence has been refused ; or

(d ) after the licence granteh has ceased to be

available by virtue of section 10, shall be punishable with fine which may extend to five

thousand rupees, I

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1978 t T.N. Act 161 Nuclear Installations (Regularton 697 of Buildings and Use of land)

(3) Whoever within the sterilised area-

(a) uses any building erected or re-erected for a purpose other than that specified in the licence ;

(b) puts to use any agricultural land to non-agri- cultural purpose other than the purpose for which the use of the land was permitted under the licence ; shall be punishable with fine which may extend to five thousand rupees.

la. Whoever, after having been convicted of an offence Penalty for under this Act, continues to commit such offence, shall be ~ ~ b ~ e q u c n t punishable with fine which may extend to one hundred offence*

rupees for each day after the previous date of conviction during which he continues so to offend.

13. (1) If the person committing an offence under offence? by

this Act is a company every person who at the time thecOmPanlcs- offence was committed, was in charge of, and was respon- sible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly²

Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub- section (I), where an offence under this Act has been com- mitted by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be

deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.-For the purposes of this section,-

(a) " company " means any body corporate a ~ d includes a firm, society or other association of individuals,

and

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698 Nuclear lnsta~lations (Regulation [ 1978 : T.N. Act 19-

of Buildings and Use of Land)

(b) " director " in relation to-

(i) a firm means a partner in the firm,

(ii) a society or other association of individuals, means the person who is entrusted, under the rules of the society or other association, with the management of the affairs of the society or other association, as the case may be.

Power to

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14. (1) The nuclear installation local authority may,

stop work. at any time by notice in writing, direct the owner, lessee or occupier of any land in the nuclear installation area- I (a) to stop the user of any building or land for any purpose ; or

(b) to stop the erection or re-erection of any buil- ding on such land ; or

(c) to alter or demolish, within such time as may be specified in the notice, any building or any part thereof; or I

(d) to stop the user of any agricultural land for non-agricultural purpose ; or

(e) to stop the building, engineering, mining or other operation,

if in the opinion of such authority the dser of the building or land, the erection or re-erection of the buil ling or part thereof or the user of any agricultural land for non-agri- cultural purpose or the carrying out of the building, engi- neering, mining or other operation is in contravention of any of the provisions of this Act, th.: rules made thereunder or of the terms and conditions subject to which any licence or permission is granted under this Act.

(2) If any direction given under sub-section(1) is not complied with, within the time specified therefor in the notice, the nuclear installation local authority may have such direction carried into effect at its cost and have the amount thereof recovered from the defaulter as if it were an arrear of land revenue. I

&peal. 15. (1) Any person aggrieved by-

(a) any order or decision of the nuclear installation local authority under this Act ; or

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1978 : T.N. Act 161 Nuclear Pnstaltations (Regulation 699 of Buildings and Use of l a n d )

I (b) any direction issued under section 14, I may appeal to the District Collector within such time and in such manner as may be prescribed:

Provided that the District Collector may, in his discretion, allow further time not exceeding one month for the filing of any such appeal, if he is satisfied that the appellant had sufficient cause for not filing the appeal in time.

(2) On receipt of an appeal under sub-section (I), the District Collector shall, after giving the appellant an opportunity of being heard, dispose of the appeal as ex- peditiously as possible.

(3) The District Collector may stay the operation of the order or decision or direction of the nucfear instal- lation local authority, pending the exercise of his powers under this section.

16. (1) The Government may, either suo moru or onRevision. application made by any person aggrieved .by any order, decision or direction of the nuclear installation local autho- rity or of the District Collector, call for and examine the record of any proceeding under this Act to satisfy themselves as to the regularity of such proceeding or the correctness, legality or propriety of any order or decision made or direction issued therein and if, in any case, it appears to the Government that any such order, decision or direction should be modified, annulled, reversed or remitted for re-consideration, they may pass orders accordingly:

Provided that where under this Act an appeal lies and no appeal is preferred, no application by way of revi- sion shall be entertained at the instance of the person who could have appealed.

(2) No order under sub-section (1) shall be made to the prejudice of any person unless he has had a reasonable opportunity of making his representation.

(3) The Government may stay the operation of any such order, decision or direction pending the exercise cf their powers under sub-section (1) in respect thereof.

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700 Nuclear Installations (Regulation [I978 : T.N. A d 16 of Buildings and Use of Land)

(4) Every application to the Government for the exercise of their powers under this section shall be made within two months from the date on which the order, decision or direction to which the application relates was

communicated to the applicant ; Provided that the Government may, in their discre- tion, allow further time not exceeding one month for the making of any such application if they are satisfied that the applicant had sufficient cause for not making the appli- cation in time.

Bar of 17. No compensation shall be claimed by any person compensation. for any damage or loss sustained by him in consequence of- 1

I (a) the refusal to grant any licence or permission by the nuclear installation local authority ; or

(b) any condition subject to which any such licence or permission is granted ; or

(c) any direction issued under section 14 ; or

(d) any order passed by the District Collector under section 15 or by the Government under section 16 ; or

(e) the operation of any of the provisions of this Act or the rules made thereunder.

Civil Courts 18. No Civil Court shall have jurisdiction including

not to docidejurisdiction under section 6 of the Specific Relief Act,

questions this 1963 (Central Act 47 of 1963) to decide or deal with any

under Ac*. question which is by or under this Act required to be decided or dealt with by any authority or officer mentioned in this Act.

Finality of

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19. (1) Any order passed or decision taken by any

orders pwsed authority or officer in respect of matters to be determined

this for the purposes of this Act shall, subject only to appeal or revision, if any, provided under this Act, be final.

(2) No such order or decision shall be liable to be questioned in any court of law.

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I Ac* lo Over- 20. (1) The provisions of this Act shall have effect

laws. notwithstanding anything inconsistent therewith contained in any other Act, law, custom, usage or contract.

(2) Save as otherwise provided in sub-section (I),

the provisions of this Act shall, be in addition to, and- not in derogation of, any other Act,

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1978 : T.N. Act 16) Nuclear Installations (~egu/ation 701 of Buildings and Use of Land)

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