Rule, 1983

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

Copy of:

Master Plan (Preparation, Publication and Sanction) Rules.

(G.O.Ms.No. 652, Rural Development and Local Administration, 8th April 1975.)

No. SRO A-219/75. – In exercise of the powers conferred by section 17 read with clause (i) of sub-section (2) of section 122 of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972), the Governor of Tamil Nadu hereby makes the following rules:-

RULES.

1. Short title – These rules may be called “Master Plan (Preparation, Publication and Sanction) Rules”.

2. Definition. – In these rules, unless the context otherwise requires,-

(i) “Act” means, the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972)

(ii) “Section” means a section of the Act.

(iii) “Local Area” means the area declared to be a local planning area under sub-section (4) of section 10 of the act.

3. Preparation of land and building use map – Within twelve months of the constitution of the local planning authority or within such further time as the Government may permit in this behalf the local planning authority shall prepare or adopt- A land and building use map for the planning area as a whole drawn to a scale of not less than 1:20000 and for the different divisions or wards or blocks comprised in the area drawn to a scale of not less than 1:4000 showing thereon; the predominant land and building uses in the area under (i) residential, (ii) commercial, (iii) industrial, (iv) public and semi-public, (v) transport, (vi) services and utilities, (vii) recreation, (viii) agriculture and (ix) other uses including undeveloped areas water bodies, waste and rocky lands.’

4. Preparation of master plan – (1) As soon as may be, but within twelve months and the preparation of the present land and building use map or within such further time as the Government may permit, the local planning authority shall in consultation with the regional planning authority, local authorities concerned and the Director, prepare and submit to Government a draft master plan for the local areas or any part of it and other area or areas contiguous or adjacent to the local area as the Government may direct to be included in the plan.

(2) The draft master plan may provide for all or any of the matters specified in sub-section (2) of section 17 and shall be in the form of a report or reports and maps as may be specified by the Director.

5. Submission of draft plan for consent of Government – As soon as may be after the preparation of the draft master plan for the local area or any part of it but not later than the time prescribed for such preparation under rule 4 the local planning authority shall submit a copy of the draft master plan together with all enclosures to the Government through the Director, for obtaining consent of Government for the publication of notice of preparation of plan under section 24.

6. Consent of Government – (i) the Government shall, on receipt of the plan and in any case not later than two months, from the date of receipt of the plan either give their consent to the Local Planning Authority to the publication of notice under sub-section (1) of section 26, of preparation of master plan or may direct the local planning authority to make such modifications in the master plan as they thing fit.’

(ii) Within three months after the return of the draft master plan from the Government or within such time as the Government may permit, the local planning authority shall make the modification if any, so directed by the Government and resubmit it through the Director.

(iii) The Government shall thereupon give their consent for the publication of notice under sub-section (1) of section 26, of the preparation of the draft master plan within one month from the date of receipt of the modified plan from the local planning authority.

7. Notice of preparation of master plan – (i) The local planning authority shall within fifteen days of the receipt of the consent of the Government under rule 6* publish a notice in Form 1 in the manner prescribed in rule 15, of the preparation of master plan inviting objections or from any person affected or interested in the plan, within the period mentioned in Form 1.

AMENDMENTS

In rule 7,-

(a) in sub-rule (i) after the words within fifteen days of the receipt of the consent of the Government under rule 6” the words “or within such further time as the Government may permit” shall be added; and Amendment published at page 234 of part III-Section 1 (a) of the T.N.G. Gazette Dt. 18.10.89.

7 (ii) Within thirty days of the publication of the draft master plan* the local planning authority shall send copies of the draft master plan with enclosures to the Director, the Chairman of the regional planning authority, the District Collectors concerned, the heads of departments listed in annexure and to the State Town and Country Planning Board.

AMENDMENTS

In rule 7,-

(b) In sub-rule (ii), after the words, “within thirty days of the publication of the draft Master Plan”, the words or within such further time as the Government may permit” shall be added;

Amendment published at page 234 of part III-Section 1 (a) of the T.N.G. Gazette Dt. 18.10.89.

8. Objection and suggestion to be sent to Director – After the expiry of the period mentioned in notice under rule 7 the local planning authority shall send in time a list of objections and suggestions received together with its remarks on the objections and suggestions so received in Form 2 to the Director for advice and the advise, if any, received from the Director shall be considered by the local planning authority.

9. Approval of the plan by local planning authority—(1) The local planning authority shall, as soon as possible and in any case not later than sixty days from the date of expiry of the period mentioned in the notice under rule 7 amended vide G.O.Ms.No. 909 H&UD. dt. 8.9.89 convene a meeting for considering approval of the draft master plan.

AMENDMENT

In rule 9, in sub-rule (1), after the words, “not later than sixty days from the date of expiry of the period mentioned in the notice under rule 7”, the words, “or within such further time as the Government may permit” shall be added:

Amendment published at Page 234 of Part III-Section 1 (a) of the T.N.G. Gazette Dt. 18.10.89.

(2) Before convening such a meeting, the local planning authority shall ensure that reasonable opportunity has been allowed for being heard to any person including representatives of Government departments and authorities who have made a request for being so heard.

(3) At the meeting convened under sub-rule (1) it shall consider the objections and suggestions received in writing and the oral representatives made and also the advice, if any, received from the Director and then approve the plan with or without modifications as it deems necessary.

10. Submission of the draft master plan to the Government – (1) The draft master plan as passed at such meeting shall be submitted to the Government through the Director within three months Amended vide G.O.Ms.No. 909 H&UD, Dt.8.9.89 and shall be accompanied by eight copies of the modified plan with all enclosures.

AMENDMENT

In rule 10, in sub-rule (1), after the words, “within three months” the words “or within such further time as the Government may permit” shall be added; and Amendment published at page 234 of Part III-Section 1 (a) of the T.N.G. Gazette Dt.18.10.89.

(2) (a) The fact of such submission shall be published by a notice in Form 3 on the Notice Board of the local planning authority.

(b) A copy of such notice shall also be sent to the District Collector concerned.

11. Approval of the master plan by the Government. – (1) As soon as may be but not later than three months from the date of receipt of the master plan from the local planning authority under rule 10 Amended vide G.O.Ms.No. 909 H&UD Dt.8.9.89 the Government shall either approve the master plan or shall approve it with such modifications as they may consider necessary or may return the master plan to the local planning authority to modify the plan or the prepare a fresh plan as directed.

AMENDMENT

In Rule 11, in sub-rule (1), after the words “not later than three months from the date of receipt of the Master Plan from the local planning authority under rule 10”. the words “or within such further as may be considered necessary” shall be added. Amendment published at page 234 of Part III-Section 1 (a) of the T.N.G. Gazette dt.18.10.89.

(2) If the Government has ordered any material modification in the master plan, the local planning authority shall carry out such modifications and resubmit the plan within three months or within such time as the Government may permit.

(3) In case, the Government have ordered the preparation of a fresh plan, the local planning authority shall prepare a fresh plan in accordance with such directions as may be given in this behalf and submit to Government after following the procedure and time limit prescribed in the rules.

(4) The Government shall accord approval to the plan and the approval so accorded shall be published by Government as provided in section 30.

12. Republication of notification under section 30 – Within one month of the publication of the notification under section 30 in the Tamil Nadu Government Gazette the local planning authority shall republish the same in the manner prescribed in rule 15.

13. Review of master plan – The procedure laid down in rules 7 to 12 shall apply in full to any review of master plan ordered by Government under clause (b) sub-section

(2) of section 32.

AMENDMENT

In the said rules, for rule 14, the following rule shall be substituted, namely: “14. Variation or revocation of a Master Plan – (1) Government may vary or revoke a Master Plan under sub-section (4) of section 32 and any such variation or revocation shall be notified in the Tamil Nadu Government Gazette.

(2) Any variation or revocation of a Master Plan notified in the Tamil Nadu Government Gazette shall be republished in the manner prescribed under rule 15”. Amendment published at page No. 160 of part III-Section 1 (a) of the Tamil Nadu

15. Manner of republication of notices – All notification by the local planning authority and republication of notices relating to master plans published in the Tamil Nadu Government Gazette shall be republished:-

1. in the District Gazette concerned;

2. on the notice board of the office of the local planning authority;

3. on the notice board of the office of the District Collectors concerned;

4. on the notice board of the office of the Regional Deputy Directors;

5. on the notice board of the local authorities comprised in the area; and

6. in one or more leading daily newspapers circulating in the local planning area.

ANNEXURE.

List of Heads of Departments mentioned under Rule 7 (b)

1. Board of Revenue (Land Revenue, Settlement of Estates, Land Reforms and Transport).

2. Director of Health Services and Family Planning.

3. Director of Medical Education.

4. Director of Agriculture.

5. Director of Animal Husbandry

6. Commissioner for Milk Production and Livestock Development.

7. Registrar of Co-operative Societies.

8. Director of School Education.

9. Director of Collegiate Education.

10. Director of Technical Education.

11. Chief Engineers (General, Irrigation, Buildings, Highways and Rural Works and National Highways).

12. Director of Town and Country Planning.

13. Chief Conservator of Forests.

14. Director of Industries and Commerce.

15. Director of Rural Development.

16. Director of Archaeology.

17. Director of Fisheries.

18. Director of Statistics.

19. State Port Officer.

20. Transport Commissioner.

21.Inspector of Municipalities.

Autonomous Bodies

1. Tamil Nadu State Electricity Board.

2. Tamil Nadu State Housing Board.

3. Tamil Nadu Khadi and Village Industries Board.

4. Tamil Nadu Slum Clearance Board.

5. Tamil Nadu Water-supply and Drainage Board.

Central Government Ministries

1. Ministry of Defence, New Delhi.

2. Ministry of Railways, New Delhi.

3. Ministry of Civil Aviation, New Delhi.

4. Ministry of Transport and Communication, New Delhi.

FORM 1.

Notice of preparation of master plan under section 26 of Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972).

(Under rule 7 of the Master Plan (Preparation, Publication and Sanction) Rules.) The master plan prepared by the local planning authority for the local planning area is hereby published.

2. The master plan together with all enclosures may be inspected free of cost during office hours at the offices of the local planning authority. Copies of the plan are also available at the office of local planning authority for sale at the following prices.

3. Any person affected by the master plan may before communicate in writing or represent in person to the Chairman of the local planning authority any objection or suggestion relating thereto.

Local Planning Authority.

Dated:

FORM 2.

List of objections and suggestions, received in respect of draft Master Plan for ……. local planning area.

(Under rule 8 of Master Plan (Preparation, Publication and Sanction Rules). Se ri al n um be r D at e of r ec ei pt N am e of p er so n m ak in g ob je ct io ns or su gg es ti on s N at ur e of ob je ct io ns or su gg es ti on s R ec om m en da ti o n of lo ca l pl an ni ng au th or it y.

R em ar ks Local Planning Authority

FORM 3.

Notice of submission of draft master plan.

(Under rule 10 of the Master Plan (Preparation, Publication and Sanction) Rules). It is hereby notified that the draft master plan approved by the local planning authority in its resolution No…………………, dated …………….for the area described in the schedule below has been submitted to the Government for approval through the Director of Town Planning on

THE SCHEDULE

Local Planning Authority Office of the Local Planning Authority, Dated:

/True Copy/ Published at pages 402 to 407 of part III-Sec 1 (a) of the T.N.G. Gazette, dated 07.05.75.