THE TAMIL NADU TOWN AND COUNTRY PLANNING ACT, 1971
Act No. 38 of 2025
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Seventy-sixth Year of the Republic of India as follows: —
Short title and commencement.
1. (1) This Act may be called the Tamil Nadu Town and Country Planning (Amendment) Act, 2025.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
Tamil Nadu Act 35 of 1972.
Amendment of section 2.
2. In section 2 of the Tamil Nadu Town and Country Planning Act, 1971 (hereinafter referred to as the principal Act), to clause (48), the following proviso shall be added, namely: —
“Provided that before issuing such notification under this clause, the Government shall give the inhabitants or local authority or institution in such area, a reasonable opportunity for showing cause against the proposal and shall consider their objections or suggestions, if any.”.
Amendment of section 9-A.
3. In section 9-A of the principal Act, in sub-section (2), after clause (i), the following clause shall be added, namely: —
“(j) the Member-Secretary, Chennai Unified Metropolitan Transport Authority, ex-officio.”.
Amendment of section 9-F.
4. In section 9-F of the principal Act, in sub-section (2), —
(1) for clause (a), the following clauses shall be substituted, namely: —
“(a) the Collector of the District within whose limits the majority of the Urban Planning Area lies, as the Chairman of the Authority, ex-officio;
(aa) six persons appointed by the Government of whom—
(i) three shall be officers of the Government;
(ii) one shall be a member of the State Legislature;
(iii) one shall represent trade and industry in the Urban Planning Area; and
(iv) one shall be an officer not below the rank of Additional Collector of the District within whose limits the majority of the Urban Planning area lies, who shall be the Member-Secretary.”;
(2) for clause (c), the following clause shall be substituted, namely: —
“(c) the Chief Planner of the Urban Development Authority or where there is no Chief Planner, the Senior Planner;”;
(3) after clause (e), the following clauses shall be added, namely: —
“(f) one expert in the field of urban planning, urban transportation, finance or law to be nominated by the Government;
(g) one representative from an academic institution in the field of urban planning to be nominated by the Government.”
Amendment of section 9-I.
5. In section 9-I of the principal Act, after clause (21), the following clause shall be added, namely:
“(22) in section 124, —
(a) for the marginal heading, the marginal heading “Power to make rules in respect of Urban Development Authorities” shall be substituted;
(b) for sub-section (1), the following sub-section shall be substituted, namely: —
“(1) The Government may make rules, whether prospectively or retrospectively, to carry out the purposes of this Act in respect of Urban Development Authorities.”;
(c) in sub-section (2), —
(i) for the expression “regulations”, the expression “rules” shall be substituted;
(ii) for the expression “planning authority”, wherever it occurs, the expression “Urban Development Authority” shall be substituted; and
(iii) after clause (h), the following clauses shall be added, namely: —
“(i) the duties and functions of the Commissioner of Urban Development;
(j) the manner of filing of appeal under sub-section (3) of section 9-K.”;
(d) sub-section (3) shall be omitted.
Insertion of new Chapter II-C.
6. After Chapter II-B of the principal Act, the following Chapter shall be inserted, namely:
“CHAPTER II-C.
Commissioner of Urban Development.
9-K. Commissioner of Urban Development. — (1) There shall be a Commissioner of Urban Development as may be notified by the Government and he shall perform such duties and responsibilities as may be prescribed.
(2) The Commissioner of Urban Development shall be the cadre controlling authority for the posts under the Urban Development Authorities and shall make appointments, postings and transfers to those posts in such manner as may be prescribed. He shall also make postings and transfers in respect of such posts in the Metropolitan Development Authority as may be notified by the Government.
(3) Any person aggrieved by any decision or order of the Commissioner of Urban Development, may appeal to the Government within thirty days from the date of receipt of order or direction, in such manner as may be prescribed.”.
Amendment of section 47-A.
7. In section 47-A of the principal Act, for sub-sections (1) and (2), the following sub-sections shall be substituted, namely: —
“(1) Any person intending to carry out any development on any land in an area other than planning area shall make an application for permission to the local authority, in such electronic form through the online single window portal as may be notified by the Government in the Tamil Nadu Government Gazette along with such documents, as may be prescribed.
(2) The local authority shall before according permission under sub-section (1), shall obtain the prior concurrence of the Director and shall also collect such fees at such rates as may be prescribed, and such permission shall be accorded in such electronic form as may be prescribed through the said online single window portal:
Provided that in the case of wet lands, the prior concurrence of the District Collector concerned is necessary.”.
Amendment of section 48.
8. In section 48 of the principal Act, for the expression “written permission of the appropriate planning authority”, the expression “Permission of the appropriate planning authority granted in such electronic form, as may be prescribed” shall be substituted.
Amendment of section 49.
9. In section 49 of the principal Act, —
(1) in sub-section (1), for the expression “in writing to the appropriate planning authority for permission in such form and containing such particulars and accompanied by such documents as may be prescribed”, the following expression shall be substituted, namely: —
“For permission to the appropriate planning authority, in such electronic form, through the online single window portal referred to in section 47-A along with such documents and such fee, as may be prescribed.”;
(2) for sub-section (3), the following sub-section shall be substituted, namely: —
“(3) When the appropriate planning authority refuses to grant permission to any person, it shall record the reasons for such refusal, and communicate the same in such electronic form as may be prescribed, through the online portal referred to in section 47-A.”.
10. After section 112 of the principal Act, the following section shall be inserted, namely: —
“112-A. Consequences to ensue upon the establishment of Urban Development Authority. — Notwithstanding anything contained in this Act, with effect from the date on which the Urban Development Authority is established under the Act, the following consequences shall ensue, namely: —
(i) the Urban Development Authority shall be the Planning Authority for the Urban Planning Area;
(ii) the Urban Development Authority shall exercise the powers, perform the functions and discharge the duties under this Act in the Urban Planning Area;
(iii) any local planning authority within the Urban Planning Area shall stand dissolved and upon such dissolution, —
(a) anything done or any appointment, notification, order, scheme, bye-law or regulation made or issued, any Certificate or permission granted by the local planning authority shall be deemed to have been done, made, issued or granted under the provisions of this Act by the Urban Development Authority and continue to be in force until it is superseded by anything done or any action taken by the Urban Development Authority under the provisions of this Act;
(b) all obligations and liabilities incurred, all contracts entered into, all matters and things engaged to be done by, with, or for the local planning authority shall be deemed to have been incurred, entered into, or engaged to be done by, with, or for the Urban Development Authority;
(c) all properties movable and immovable and all interests of whatsoever nature and kind therein vested in the local planning authority, shall, with all rights of whatsoever description used, enjoyed or possessed by the local planning authority, vest in the Urban Development Authority; Insertion of new section 112-A.
(d) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against the local planning authority may be continued or be instituted by or against the Urban Development Authority.”.
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