An Act to provide for planning the development and use of rural and urban land
in the State of Tamil Nadu and for purposes connected therewith.
BE it enacted by the Legislature of the State of Tamil Nadu in the Twenty-second
year of the Republic of India as follows:-
1. Short title, extent and commencement – (1) This Act may be called the Tamil
Nadu Town and Country Planning Act, 1971.
(2) It extends to the whole of the State of Tamil Nadu except the places declared
to be cantonments under section 3 of the Cantonments Act, 1924 (Central Act II
of 1924).
(3) It shall come into force on such date as the Government may, by notification,
appoint; and different dates may be appointed for different areas and for different
provisions of this Act.
2. Definitions. – In this Act, unless the context otherwise requires,-
(1) “agriculture” includes horticulture, fruit-growing, seed growing, dairy-
farming, livestock-breeding, the use of land as grazing land, or any other use of land
where such other use is ancillary to any agricultural purposes; but does not include
the use of any land attached to a building for the purpose of a garden to be used along
with such building; and “agricultural” shall be construed accordingly;
(2) “amenities” include streets, open spaces, parks, recreational grounds,
play-grounds, water and electric supply, street lighting, sewerage, drainage, public
works and other utilities, services and conveniences;
(3) “appropriate planning authority” or “planning authority” means a “regional
planning authority”, a local planning authority” or a “new town development
authority”, constituted under section 11;
(4) “area of bad lay-out or obsolete development” means an area consisting of
land which is badly laid out or of obsolete development, together with other lands
contiguous or adjacent thereto, and which is defined by a development plan as an area
of bad lay-out or obsolete development;
(5) “arterial road” means any highway which connects towns with one another
and facilitates movement of goods and people from one town to another;
(6) “Board” means the Tamil Nadu Town and Country Planning Board
constituted under section 5;
(7) “building” includes-
(a) a house, out-house, stable, latrine, godown, shed, hut, wall (other than
a boundary wall) and any other structure whether of masonry, bricks, mud, wood, metal
or any other material whatsoever;
(b) a structure on wheels or simply resting on the ground without
foundations;
(c) a ship, vessel, boat, tent, van and any other structure used for human
habitation or used for keeping or storing any article or goods; and
(d) the garden, grounds, carriages and stables, if any, appurtenant to any
building;
(8) “building-line” means a line which is in rear of the street-alignment and to
which the main wall of a building abutting on a street may lawfully extend and beyond
which no portion of the building may extend;
(9) “building operations” includes-
space;
alteration or enlargement, as the case may be, of more than one-tenth of the extent of the
cubical contents of such building;
of the use of any part used for human habitation into a greater number of such parts;
sanitary arrangements or affect in material respects its structural stability; and
the owner;
(10) “commerce” means the carrying on of any trade, business or profession, sale
or exchange of goods of any type whatsoever and includes the running of, with a view to
making profit, hospitals, nursing homes, infirmaries, educational institutions, and
“commercial”, shall be construed accordingly;
(a) erection or re-erection of a building or any part of it;
(b) roofing or re-roofing of a building or any part of a building or an open
(c) any material alteration or enlargement of any building which involves
(d) any material change in the use of a building including the conversion
(e) any such alteration of a building as is likely to affect its drainage or
(f) construction of a door opening on any street or land not belonging to
(11) “commercial use” includes the use of any land or building or part thereof for
purposes of commerce or for storage of goods, or as an office, whether attached to
industry or otherwise;
(12) “company” means-
(a) any company as defined in the Companies Act, 1956 (Central Act 1 of
1956), including any foreign company within the meaning of section 591 of that Act;
(b) any body corporate; or
(c) any firm or association (whether incorporated or not), carrying on
business in the State of Tamil Nadu whether or not its principal place of business is
situated in the said State;
(13) ‘development” means the carrying out of all or any of the works
contemplated in a regional plan, master plan, detailed development plan or a new town
development plan prepared under this Act, and shall include the carrying out of building,
engineering, mining or other operations in, or over or under land, or the making of any
material change in the use of any building or land:
Provided that for the purposes of this Act, the following operations or uses of land
shall not be deemed to involve development of the land, that is to say,-
(a) the carrying out of any temporary works for the maintenance, improvement or
other alteration of any building, being works which do not materially affect the external
appearance of the building;
(b) the carrying out by a local authority of any temporary works required for the
maintenance or improvement of a road, or works carried out on land within the
boundaries of the road;
(c) the carrying out by a local authority or statutory undertaker of any temporary
works for the purpose of inspecting, repairing or renewing any sewers, mains, pipes,
cables or other apparatus, including the breaking open of any street or other land for that
purpose;
(d) the use of any building or other land within the curtilage of a dwelling house
for any purpose incidental to the enjoyment of the dwelling house as such; and
(e) the use of any land for the purpose of agriculture, gardening or forest
(including afforestation) and the use for any purpose specified in this clause of this
proviso of any building occupied together with the land so used;
(14) “development authority” means a regional planning authority or a local
planning authority or a new town development authority constituted under this Act;
(15) “development plan” means a plan for the development or re-development or
improvement of the area within the jurisdiction of a planning authority and includes a
regional plan, master plan, detailed development plan and a new town development plan
prepared under the Act;
(16) “Director” means the Director of Town and Country planning appointed
under section3;
(17) “engineering operations” includes the formation or laying out of means of
access to a road or the laying out of means of water-supply, drainage, sewerage or of
electricity cables or lines or of telephone lines;
(18) “Government” means the State Government;
(19) “highway” has the same meaning as in section 4of the National Highways
Act, 1956 (Central Act XLVIII of 1956);
(20) “industrial use: includes the use of any land or building or part thereof for
purposes of industry;
(21) “industry” includes the carrying on of any manufacturing process as defined
in the Factories Act, 1948 (Central Act LXIII of 1948) and “industrial”, shall be
construed accordingly;
(22) “land” includes benefits to arise out of land, and things attached to the earth
or permanently fastened to anything attached to the earth;
(23) “local authority” means-
(i) the Municipal Corporation of Chennai or of Madurai; or
(ii) a Municipal Council constituted under the Tamil Nadu District Municipalities
Act, 1920 (Tamil Nadu Act V of 1920); or
(iii) a Township Committee constituted under the Tamil Nadu District
Municipalities Act, 1920 (Tamil Nadu Act V of 1920), or the Tamil Nadu Panchayats
Act, 1958 (Tamil Nadu Act XXXV of 1958) or under any other law for the time being in
force, or the Mettur Township Act, 1940 (Tamil Nadu Act XI of 1940), or the Courtallam
Township Act, 1954 (Tamil Nadu Act XVI of 1954), or, the Bhavanisagar Township Act,
1954 (Tamil Naddu Act XXV of 1954); or
(iv) a Panchayat Union Council or a Panchayat constituted under the Tamil Nadu
Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958);
(23-a) Chennai Metropolitan Planning Area: means the City of Chennai and such
contiguous area of such City as the Government may, from time to time, specify by
notification in the Tamil Nadu Government Gazette:
Provided that before issuing such notification under this clause the Government
shall give any inhabitant or any local authority or institution in such contiguous area a
reasonable opportunity for showing cause against the proposal and shall consider its
objections or suggestions if any;
(24) “major street” means a main street connecting different localities;
(25) “means of access” includes any means of passage, whether private or public,
for vehicles or for pedestrians and includes any street;
(25-a) “Metropolitan Development Authority” means the Chennai Metropolitan
Development Authority established under section 9-A;
(26) “National Highway” means any highway declared to be a national highway
under section 2 of the National Highways Act, 1956 (Central Act XLVII of 1956);
(27) “navigable canal” means any waterway or canal or any other source of a
waterway or canal for the public carriage of persons, animals or goods by means of
yachts or boats;
(28) “occupier” includes-
(a) any person for the time being paying or liable to pay to the owner the
rent or any portion of the rent of the land or building or part of the same in respect of
which the word is used or damages on account of the occupation of such land, or building
or part; and
(b) a rent-free occupant;
(29) “owner” includes the person for the time being receiving or entitled to
receive, whether on his own account or as agent, trustee, guardian, manager or receiver
for another person, or for any religious or charitable purposes, the rent or profits of the
property in connection with which the word is used;
(30) “ planning area” means any area declared to be a regional planning area,
local planning area or a site for a new town under this Act;
(31) “plot” means a continuous portion of land held in one ownership other than
land used, allotted or restored for any public purpose or any purpose connected with local
administration carried on by any local authority;
(32) “private street” means any street, road, square, court, alley, passage or riding-
path, which is not a “public street” but does not include a pathway made by the owner of
premises on his own land to secure access to or the convenient use of such premises;
(33) “public building” means any building to which the public or any class or
section of the public are granted access or any building which is open to the public or any
class or section of the public and includes any building-
(a) used as a –
(i) school or a college (whether or not the school or college is a private
educational institution within the meaning of the Tamil Nadu Private Educational
Institutions (Regulation) Act, 1966 (Tamil Nadu Act 23 of 1966), or a University or other
educational institution;
(ii) hostel;
(iii) library;
(iv) hospital, nursing home, dispensary, clinic, maternity centre or any
other like institution;
(v) club;
(vi) lodging house;
(vii) choultry;
(viii) coffee house, boarding house or hotel or an eating house;
(b) used by any association;
(c) ordinarily used by the –
(i) Central or any State Government or any local authority or any body corporate,
owned or controlled by the Central or any State Government;
(ii) public or any class or section of the public for religious worship or for
religious congregation;
(34) “public open space” means any land whether enclosed or not belonging to
the Central or any State Government or any local authority or any body corporate, owned
or controlled by the Central or any State Government on which there is no building or of
which not more than one-twentieth part is covered with buildings, and the whole or the
remainder of which is used for purpose of recreation, air or light;
(35) “public place” means a place (including a road, street or way, whether a
thoroughfare or not, and a landing place) to which the public are granted access or have a
right to resort or over which they have a right to pass;
(36) “public purpose” means any purpose which is useful to the public or any
class or section of the public;
(37) “public street” means any street, road, square, court, alley, passage or riding-
path over which the public have a right of way, whether a thoroughfare or not, and
includes,-
(a) the roadway over any public bridge or causeway;
(b) the footway attached to any such street, public bridge or causeway; and
(c) the drains attached to any such street, public bridge or causeway and
the land, whether covered or not by any pavement, verandah or other structure, which lies
on either side of the roadway upto the boundaries of the adjacent property whether that
property is private property or property belonging to the Central or any State
Government;
(38) “railway” has the same meaning as in clause (4) of section 3of the Indian
Railways Act, 1890 (Central Act IX of 1890);
(39) “reconstitution of plots” means the alteration of plots by the making of a
development plan otherwise than by the severance of land used, allotted or reserved for
any public purpose;
(40) “reconstruction of a building” includes,-
(a) the re-erection, wholly or partially of a building after more than one-
half of its cubical contents has been taken down or burnt down or has fallen down
whether at one time or not;
(b) the re-erection, wholly or partially, of any building of which an outer
wall has been taken down or burnt down or has fallen down to or within three metres of
the ground adjoining the lowest storey of the building, and of any frame building which
has so far been taken down or burnt down or has fallen down as to leave only the
framework of the lowest storey;
(c) the conversion into a dwelling house, or a place of public worship of
any building not originally constructed for human habitation or for public worship, as the
case may be, or the conversion into more than one dwelling-house of a building
originally constructed as one dwelling-house only or the conversion of dwelling-house
into factory;
(d) the re-conversion into a dwelling-house or a place of public worship or
a factory of any building-
(i) the use whereof as a dwelling-house or a place of public worship or a
factory has been discontinued; or
(ii) which has been appropriated for any purpose other than for use as a
dwelling-house or a place of public worship or a factory;
(40-A) “regularisation fee” means a fee for exempting the development of any
land or building or class of lands or buildings referred to in section 113-A;
(41) “relocation of population” means in relation to an area of bad lay-out or
obsolete development or a slum area, the making available in that area or elsewhere, of
accommodation for residential purposes or for carrying on business or other activities,
together with amenities to persons living or carrying on business or other activities, in the
said area who have to be so accommodated, so that the said area may be properly
planned;
(42) “ring road” means any highway connecting different parts within the
planning area in a ring or circular fashion;
(43) ‘slum area” means any built up area-
(a) where the buildings, by reason dilapidation, over crowding, faulty
arrangement or design, lack of ventilation, light or sanitation facilities or any combination
of these factors, are detrimental to safety, health or morals, and
(b) defined by a development plan as a slum area;
(44) “statutory undertaker” means-
(a) a person-
(i) licensed under Part II of the Indian Electricity Act, 1910 (Central Act
IX of 1910) to supply electricity; or
(ii) who has obtained sanction under section 28 of that Act to engage in
the business of supplying electricity;
(b) a railway administration as defined in the Indian Railways Act, 1890
(Central Act IX of 1890);
(c) a telegraph authority as defined in the Indian Telegraph Act, 1885
(Central Act XIII of 1885);
(d) the Tamil Nadu Electricity Board constituted under section 5 of the
Electricity (Supply) Act, 1948 (Central Act LIV of 1948);
(e) the Tamil Nadu State Housing Board constituted under section 3 of the
Tamil Nadu State Housing Board Act, 1961 (Tamil Nadu Act 17 of 1961); or
(f) the Tamil Nadu Slum Clearance Board established under section 34 of
the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971 (Tamil nadu Act 11
of 1971);
(45) “street alignment” means a line dividing the lands comprised in and forming
part of a street from the adjoining land;
(46) “Tribunal” means the Tribunal constituted under section 71 and having
jurisdiction.
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