© [Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009.

2023 [Price: Rs. 7.20 Paise.

TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY PUBLISHED BY AUTHORITY

No. 167] CHENNAI, FRIDAY, MAY 5, 2023

Chithirai 22, Sobakiruthu, Thiruvalluvar Aandu–2054

Part IV—Section 2
Tamil Nadu Acts and Ordinances

CONTENTS Pages.
ACTS:

No. 18 of 2023.—The Tamil Nadu Town and Country Planning Third (Amendment) 84-97
Amendment Act, 2023 .. .. .. ..
No. 19 of 2023.—The Tamil Nadu Urban Local Bodies (Amendment) Act, 2023 .. 99-100

IV-2 Ex. (167) [ 83 ]

84 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

The following Act of the Tamil Nadu Legislative Assembly

received the assent of the Governor on the 5th May 2023 and
is hereby published for general information:—

ACT No. 18 OF 2023.

An Act to Amend the Tamil Nadu Town and Country Planning
(Third Amendment) Act, 2018.

Be it enacted by the Legislative Assembly of the State of

Tamil Nadu in the Seventy-fourth Year of the Republic of India as
follows:—
Short title. 1. This Act may be called the Tamil Nadu Town and Country
Planning (Third Amendment) Amendment Act, 2023.
Amendment of 2. In section 2 of the Tamil Nadu Town and Country Planning Tamil Nadu Act
section 2. (Third Amendment) Act, 2018 (hereinafter referred to as the 31 of 2018.
Amendment Act), for clause (3), the following clause shall be
substituted, namely:—
“(3) after clause 22, the following clause shall be inserted,
namely:—
(22-A) “land pooling area development scheme” means
the scheme in which land owned by individual or group of
individuals are pooled together and developed by the appropriate
planning authority and part of such developed land is transferred to
the original owner and the remaining part of such land is used for
establishing common facilities and amenities or for sale.”.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 85

3. For section 6 of the Amendment Act, the following section Substitution of

shall be substituted, namely:— section 6.

“6. After Chapter IV of the principal Act, the following Chapter

shall be inserted, namely:—
CHAPTER–IV A.
LAND POOLING AREA DEVELOPMENT SCHEME.
39-A. Declaration of intention to make a Land Pooling
Area Development Scheme.— (1) The appropriate planning
authority may, by notification, for the purpose of development of
any area within its jurisdiction in an orderly holistic manner, declare
its intention to make a land pooling area development Scheme
(hereinafter in this Chapter referred to as the Scheme) for that area:
Provided that the appropriate planning authority shall
obtain prior approval of the Government before notification of such
declaration:
Provided further that any appropriate planning authority
other than the Chennai Metropolitan Development Authority shall
send such proposal to the Government through the Director:
Provided also that the appropriate planning authority may
adopt, with or without any modification, the Scheme proposed by
any Government department, public sector undertaking or statutory
body owned or controlled by any State Government or the Central
Government or by seventy per cent of the land owners in the
Scheme area.
Explanation.— For the purpose of this section and
sub-section (1) of section 39-C, “statutory body owned or controlled
by any State Government or Central Government” means any body
corporate established by or under a Central or State Act and includes
a Government company as defined in clause (45) of section 2
of the Companies Act, 2013 (Central Act 18 of 2013), a society
registered under the Tamil Nadu Societies Registration Act,1975
(Tamil Nadu Act 27 of 1975), or under any corresponding law for
the time being in force in a State being a society established or
administered by any State Government and a co-operative society
within the meaning of any law relating to co-operative societies
for the time being in force in the State in which not less than fifty
one per cent of the paid-up share capital is held by the Central
Government or by any State Government or partly by the Central
Government and partly by one or more State Governments.
(2) The declaration under sub-section (1) shall be published
by the appropriate planning authority in such manner as may be
prescribed, by notification in the District Gazette of that area and
in two leading daily newspapers in that area of which one shall be
in Tamil and such notification shall contain such particulars as may
be prescribed and specify the time and place where a plan showing
the boundaries of the proposed Scheme area may be inspected by
the public.
86 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

39-B. Power of Government to require appropriate

planning authority to make Scheme.— Notwithstanding anything
contained in section 39-A, the Government may direct any
appropriate planning authority to make a Scheme for any specific
area and submit for their approval. In such cases, the appropriate
planning authority shall proceed further for declaration of the
intention of the Scheme under section 39-A and for preparation of
the Scheme as provided in this Chapter.
39-C. Restrictions on land development work.— (1)
On or after the date of publication of declaration of the intention
to make a Scheme under section 39-A, no person shall within
the area covered under the Scheme, carry out any development
work without obtaining permission from the appropriate planning
authority:
Provided that on or after the date of publication of the
approved Draft Scheme, the appropriate planning authority may,
in consultation with the designated officer, grant permission to any
department of the Government, Public Sector Undertaking or a
statutory body owned or controlled by any State Government or the
Central Government to carry out any development work:
Provided further that any other person may also apply for
permission in the form and in the manner as may be prescribed, to
carry out any development work after publication of the approved
Draft Scheme.
(2) On receipt of an application for permission to carry
out any development work in the Scheme area, the appropriate
planning authority shall send a written acknowledgement therefor.
(3) The appropriate planning authority, after consultation
with the designated officer, may grant permission to carry out the
development work within the Scheme area, having regard to the
purpose for which the permission is required and the suitability of
the place for such purpose and subject to such conditions as it may
deem fit, or refuse to grant permission stating the reason therefor:
Provided that any such condition shall be in accordance
with the approved Draft Scheme.
(4) If any person contravenes the provisions of
sub-section (1) or of any condition imposed under sub-section (4),
the appropriate planning authority may direct such person by notice
in writing to stop the work in progress, and after making an inquiry
in the prescribed manner, remove, pull down, or alter any building
or other development and restore the land or building in respect of
which such contravention is made, to its original condition.
(5) The restrictions imposed in this section shall cease
to operate in the event of lapse of declaration of intention under
sub-section (2) of section 39-I or on the publication of the Preliminary
Scheme under sub-section (2) of section 39-O or on withdrawal of
the Scheme under section 39-U.
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(6) Notwithstanding anything contained in sub-section

(1), after publication of the Draft Scheme under sub-section (1) of
section 39-I, the appropriate planning authority may carry out any
development work within the Scheme area for the purposes of the
Scheme.
(7) The provisions of this section shall not apply to any
operational construction undertaken by the Central Government or
a State Government.
Explanation.— “operational construction” means any
construction whether temporary or permanent, which is necessary
for the operation, maintenance, development, or execution of any
of the following services, namely: -
(a) Railways;
(b) National Highways;
(c) National Waterways;
(d) Major Ports;
(e) Airways and Aerodromes;
(f) Posts, Telephones, Wireless, Broadcasting and
other like forms of communication;
(g) Regional grid for electricity;
(h) Defence;
(i) Metro Rail;
(j) Minor Ports; or
(k) any other service which the State Government
is of the opinion that the operation, maintenance, development or
execution of such service is essential to the life of the community, by
notification, declare to be a service for the purposes of this clause.
(8) For removal of doubts, it is hereby declared that,—
(i) new residential buildings (other than gate lodges,
quarters for limited essential operational staff and the like), roads
and drains in railway colonies, hotels, clubs, institutes and schools,
in the case of railways; and
(ii) a new building, new structure or new installation or
any extension thereof, in the case of any other service, shall not be
deemed to be an operational construction.
39-D. Appointment of designated officer.— Within
one month from the date of publication of declaration of intention
under sub-section (1) of section 39-A, the Director shall appoint an
officer not lower in rank than that of the Assistant Director of Town
Planning and the Chennai Metropolitan Development Authority or
the Urban development authority concerned, as the case may be,
shall appoint an officer not lower in rank than that of the Deputy
Planner as the designated officer, for the purposes of the Scheme.
88 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

39-E. Duties of designated Officer.— The duties of the

designated officer are,—
(a) to assist the appropriate planning authority, in the
examination of objections and suggestions received on a Draft
Scheme;
(b) to prepare Preliminary Scheme and Final Scheme;
(c) to demarcate final plots including public purpose
plots and decide on the allottees of final plots;
(d) to estimate the amount to be collected from or to
be paid to the land owners;
(e) to determine the compensation amount payable to
the land owners; and
(f) such other matters as may be prescribed.
39-F. Certain decisions of designated officer to be
final.— Every decision of the designated officer in matters, other
than estimation of costs, estimation of the amount payable to or
by the owners, determination of the compensation payable to the
owners and transfer of development rights shall be final and binding
on all concerned.
39-G. Disputed ownership.— (1) Where there is a
disputed claim to the ownership of any land or building included
in an area in respect of which declaration of intention to prepare
a Scheme has been made, and any entry in the revenue records
or mutation relevant to such disputed claim is inaccurate or
inconclusive, on the request of the appropriate planning authority
or the designated officer, at any time before the Scheme is made,
the Government may cause an inquiry to be made by such officer,
within such time, as may be prescribed, for the purpose of deciding
as to who shall be deemed to be the owner of the land or building
and the decision of the Government thereon shall be final:
Provided that if any dispute regarding the ownership of land
or building is pending before any civil court or any other authority,
it is not a bar to include such land or building in the Scheme area,
unless the civil court or the authority, otherwise directs and the
order or decision of the civil court or authority thereon shall bind the
appropriate planning authority or the designated officer.
(2) Where any decree is passed by the civil court, after
the Final Scheme has been approved by the Government under
section 39-S, such Final Scheme shall be deemed to have been
suitably varied to the extent of such decree.
39-H. Contents of Draft Scheme.­— The Draft Scheme
may provide for all or any of the following matters, namely:—
(a) laying out or re-laying out, of land, either vacant or
already built upon, as building sites;
(b) construction, diversion, extension, alteration,
improvement or closure of lanes, streets, roads and communications;
(c) construction, alteration, removal or demolition of
buildings, bridges and other structures;
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 89

(d) redistribution of boundaries and reconstitution of

plots belonging to owners of properties in the Scheme area;
(e) disposal by sale, exchange, lease or otherwise
of land acquired or owned by the appropriate planning authority;
(f) transport facilities;
(g) water-supply;
(h) lighting;
(i) drainage, inclusive of sewerage and of surface
drainage and sewage disposal;
(j) allotment or reservation of land for streets, roads,
squares, houses, buildings for religious or charitable purpose,
open spaces, gardens, recreation grounds, schools, markets,
shops, factories, hospitals, dispensaries, public buildings and
public purposes of all kinds and defining and demarcating of the
reconstituted plots or the areas allotted to or reserved for the above
mentioned purposes;
(k) demarcation of places or objects and buildings of
archaeological or historical interest or natural scenic beauty or used
for religious purposes or regarded by the public with veneration,
or protection of canal, tank or river sides, coastal areas and other
places of natural or landscape beauty;
(l) imposition of conditions and restrictions in regard to
the character, density, architectural features and height of buildings,
building or control lines for roads, railway lines and power supply
lines and the purposes for which buildings or specified areas may
or may not be appropriated and the provision and maintenance of
sufficient open spaces;
(m) filling up or reclamation of low lying, swampy or
unhealthy areas, or leveling up of land;

(n) layout of new streets or roads, construction,

diversion, extension, alteration, improvement and closing up
of streets and roads and discontinuance of utility connections,
communication lines etc.;
(o) allotment of land to the extent of not more than
forty per cent of the total area covered under the Scheme, in the
aggregate, for any or all of the following purposes, namely:—
(i) for roads;
(ii) for parks, play grounds, gardens and open
spaces;
(iii) for social infrastructure such as school,
dispensary, fire and rescue service and public utilities;
(iv) for sale by appropriate planning authority for
residential, commercial, institutional or industrial use, depending
upon the nature of development;
90 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(v) reservation of land up to the extent of

ten per cent of the total area covered under the Scheme, in the
aggregate, for the purpose of providing housing accommodation
to the members of economically weaker section and for persons
dispossessed of their properties in the Scheme area:
Provided that the proceeds from the sale of land
referred to in sub-clause (iv) shall be used for the purpose of
providing infrastructural facilities and payment of compensation as
per the Final Scheme;

(p) returning reconstituted plots to the extent of not less

than sixty per cent or for providing compensation in accordance
with the Final Scheme; and
(q) such other matters as may be prescribed.
Explanation.—For the purpose of this Chapter,
‘reconstituted plot’ means a plot which is in any way altered by the
making of the Scheme and includes alteration of ownership of a
plot.
39-I. Making and publication of Draft Scheme.— (1)
Within nine months from the date of publication of declaration of the
intention to make a Scheme under section 39-A, the appropriate
planning authority shall, in consultation with the designated officer,
make a Draft Scheme for the Scheme area and publish the same in
the District Gazette, along with draft regulations, if any, for carrying
out the provisions of the Scheme, in such manner as may be
prescribed:
Provided that on a request by the appropriate planning
authority, the Government may, by notification, extend the aforesaid
period, for a further period of six months.
(2) If publication of a Draft Scheme is not made within the
said total period of fifteen months, the declaration of intention to
make a Scheme shall lapse:
Provided that any such lapse of declaration shall not
prevent the Government from making a fresh declaration at any
time in respect of the same area.
39-J. Reconstitution of plots.— (1) In the Draft Scheme
referred to in section 39-I, the size and shape of every plot shall
be determined, so far as may be, to render it suitable for building
purposes and where a plot is already built upon, suitable alterations
shall be made to the buildings, so as to comply with the provisions
of the Scheme as regards open spaces.
(2) For the purposes of sub-section (1), the Draft Scheme
may contain the following proposals, namely:—
(a) to form a final plot by reconstitution of an original
plot, by alteration of the boundaries of the original plot, if necessary;
(b) to form a final plot from an original plot by
re-adjusting wholly or partly of the adjoining lands;
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 91

(c) to provide, with the consent of the owners, that two

or more original plots each of which is held in ownership severally
or in joint ownership shall hereafter, with or without alteration of
boundaries, be held in ownership in common as a final plot;
(d) to allot a final plot to any owner dispossessed of
land in furtherance of the Scheme; or
(e) to pass on the ownership of an original plot from
one person to another.
Explanation.— For the purpose of this Chapter.—
(i) "final plot" means a plot reconstituted from an
original plot and allotted in a Scheme as a final plot;
(ii) “original plot” means the corresponding plot
held in single or joint ownership and numbered to be shown as one
single plot by the appropriate planning authority for the purposes of
a Scheme.
39-K. Public consultation to Draft Scheme.— Any
person may, within sixty days from the date of publication of a Draft
Scheme under section 39-I, submit his objection or suggestion
in writing to the appropriate planning authority. The appropriate
planning authority shall consider such objection or suggestion and
may modify the Draft Scheme, as it deems fit and submit the same
not later than thirty days to the Government for approval.
39-L. Approval of Draft Scheme by Government.—
(1) The Government may, on receipt of the Draft Scheme under
section 39-K, after making such inquiry as they may deem fit
and after consulting the Director or the Chennai Metropolitan
Development Authority or the Urban development authority
concerned, as the case may be, not later than three months from
the date of its receipt,—
(i) either approve the Draft Scheme, with or without
modifications and subject to such conditions as they may deem fit; or
(ii) refuse to approve the Draft Scheme; or
(iii) return the Draft Scheme to the appropriate
planning authority to carry out such modifications and within such
period as may be directed, including a direction to include or exclude
any land in the Draft Scheme. The appropriate planning authority,
in consultation with the designated officer, shall comply with such
directions of the Government and resubmit the Draft Scheme
within one month from the date of receipt of such directions to the
Government for approval.
(2) As soon as on receipt of the modified Draft Scheme
from the appropriate planning authority, the Government may
approve the Draft Scheme and the approved Draft Scheme shall
be published in the Tamil Nadu Government Gazette and in two
leading daily newspapers in that area, of which one shall be in
Tamil. The approved Draft Scheme shall also be placed in the
public domain for inspection during office hours in the office of the
designated officer.
92 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(3) Any person affected by the approved Draft Scheme,

may submit his objection in the manner prescribed, to the designated
officer within two months from the date of its publication in the
Tamil Nadu Government Gazette.
(4) If persons owning more than fifty per cent of the lands
in the Scheme area submit their objections to the Draft Scheme, the
designated officer shall forward the objections to the Government
through the appropriate planning authority and the Government in
turn shall, by notification withdraw the Scheme.
39-M. Vesting of land with appropriate planning
authority.— On expiry of a period of two months from the date of
publication of the approved Draft Scheme under sub-section (2) of
section 39-L, all lands required for the purposes specified in clauses
(g), (h), (i) and (o) of section 39-H, shall vest with the appropriate
planning authority free from all encumbrances. The appropriate
planning authority may take appropriate measures as may be
required including eviction, removal of structures or buildings in
contravention of the Scheme, locking and sealing and recover the
cost incurred therefor, in such manner as may be prescribed, in the
said lands for enforcement of the said public purposes:
Provided that such vesting of lands with the appropriate
planning authority shall not affect the ownership right of the owners
of such lands.
39-N. Preparation of Preliminary Scheme.— (1)
The designated officer shall, after taking into consideration the
objections, if any, received on the approved Draft Scheme within a
period of nine months from the date of its publication, prepare the
Preliminary Scheme in the prescribed manner and in the prescribed
form, after giving notice to the owners of the land in the Scheme
area. The Preliminary Scheme shall,-
(a) define and demarcate the areas allotted to,
or reserved for, any public purpose, or for the purpose of the
appropriate planning authority and also demarcate the final plots;
(b) decide the person or persons to whom a final plot
is to be allotted and when such plot is to be allotted to persons in
common ownership, decide the shares of such persons;
(c) provide for the total or partial transfer of any right
in an original plot to a final plot;
(d) record the rights of secured creditors, mortgagees,
lessees or other persons who claim to have secured interest in the
original plot; and
(e) specify the period within which the works provided
in the Scheme may be completed by the appropriate planning
authority.
(2) The designated officer shall submit the Preliminary
Scheme so prepared, through the appropriate planning authority, to
the Government for approval.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 93

39-O. Approval of Preliminary Scheme by

Government.— (1) On receipt of the Preliminary Scheme, the
Government shall, within two months from the date of its receipt,
either approve or approve with such modifications as may be
considered necessary or may return the said Scheme to the
designated officer to modify the Scheme or to prepare a fresh
Scheme, in accordance with such directions and within such period
as the Government may specify in this behalf.
(2) The Preliminary Scheme, as approved by the
Government shall be published in the Tamil Nadu Government
Gazette and in two leading daily newspapers in that area, of which
one shall be in Tamil and such notification shall state the place and
time at which the said Scheme shall be open to inspection by the
public.
(3) A notification under sub-section (2) shall be the
conclusive evidence that the Preliminary Scheme has been duly
made and approved.
39-P. Effect of Preliminary Scheme.— (1) On and after
the date on which the Preliminary Scheme is published in the
Tamil Nadu Government Gazette,—
(a) all lands required by the appropriate planning
authority shall, unless it is otherwise determined in such Scheme,
vest absolutely in the appropriate planning authority free from all
encumbrances; and
(b) all rights in the original plot which have been
reconstituted into final plots shall be determined and the final plots
shall be subject to the rights of the original land owners, as settled
by the designated officer.
(2) The appropriate planning authority shall take such
measures as may be required,—
(a) to enforce the Scheme, including eviction, removal
of structures or buildings in contravention of the Scheme, locking
and sealing and recover the cost incurred therefor, in such manner
as may be prescribed; and
(b) to carry out mutation in the records of the
Revenue, Survey and Settlement and Registration departments as
per the allotment of the final plots including plots reserved for public
purposes, made in the Preliminary Scheme.
39-Q. Preparation of Final Scheme.— (1) The designated
officer shall, after publication of the Preliminary Scheme in the
Tamil Nadu Government Gazette within a period of nine months
therefrom, prepare the Final Scheme in the manner specified
hereunder:—
(a) estimate the value of the original plots and fix the
difference between the values of the original plots and the values of
the final plots in the Scheme area, in the manner prescribed;
(b) determine whether the areas allotted or reserved
for public purposes or for development by the appropriate planning
authority are beneficial wholly or partly to the land owners or
residents in the Scheme area;
94 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(c) estimate in the manner prescribed, the sums

payable as compensation on each plot used, allotted or reserved
for a public purpose or for the purpose of the appropriate planning
authority, which is beneficial partly to the owners or residents
within the Scheme area and partly to the general public, and the
compensation so payable shall be included in the cost of the
Scheme;
(d) estimate the increment in value, in the manner
prescribed, that may accrue in respect of each plot included in the
Scheme area;
(e) calculate the betterment contribution, in the
manner prescribed, to be levied on each plot in the Final Scheme, in
proportion to the increment in value estimated to accrue in respect
of such plot:
Provided that no betterment contribution shall
be levied in respect of plots exclusively allotted for religious or
charitable purpose;
(f) estimate in the manner prescribed with reference to
the claims made before him for compensation to be paid to any land
owner for his right prejudicially affected because of the Scheme;
(g) record the person to whom the final plot is allotted
in accordance with the Preliminary Scheme in the form and in the
manner as may be prescribed;
(h) do such other acts as may be prescribed.
(2) As soon as on preparation of the Final Scheme, the
designated officer shall communicate the details including the
quantum of amount arrived at with respect to clauses (a) to (f) of
sub-section (1) to the persons concerned and to the appropriate
planning authority before submission of the Final Scheme to the
Government for approval.
39-R. Appeal.— (1) Any person aggrieved by the decision
of the designated officer communicated under sub-section(2) of
section 39-Q may, within one month from the date of its receipt,
appeal to the Director or the Chennai Metropolitan Development
authority or the Urban Development Authority concerned, as the
case may be, in such manner, as may be prescribed.
(2) On receipt of an appeal under sub-section (1),
the Director, the Chennai Metropolitan Development Authority or
the Urban Development Authority concerned shall, within a period
of two months, dispose of the appeal after giving the appellant an
opportunity of being heard.
(3) Any person aggrieved by the decision of the
Director or the Chennai Metropolitan Development Authority or the
Urban Development Authority concerned, as the case may be, may
within one month from the date of communication of such decision
under sub-section (2), appeal to the Government in such form and
in such manner as may be prescribed:
Provided that the Government may entertain an appeal
made beyond the said period, if they are satisfied that the appellant
was prevented by sufficient cause for not making the appeal in time.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 95

(4) On receipt of an appeal under sub-section (3), the

Government shall within two months, after giving the appellant an
opportunity of being heard, pass such order as they think fit.
39-S. Approval of Final Scheme by Government.—
(1) On receipt of the Final Scheme from the designated officer,
the Government shall, within two months from the date of its
receipt either approve or approve with such modifications as may
be considered necessary. The designated officer shall thereafter
modify the Scheme, if so directed by the Government and submit it
to the Government for approval.
Explanation.— For the purpose of calculating the time
limit of two months, the period during which appeals, if any, were
pending before the Director, the Chennai Metropolitan Development
Authority or the Urban Development Authority concerned, as the
case may be and the Government shall be excluded.
(2) The Final Scheme, as approved shall be published
in the Tamil Nadu Government Gazette and in two leading daily
newspapers in that area, of which one shall be in Tamil and such
notification shall state the place and time at which the Scheme shall
be open to inspection by the public.
(3) A notification under sub-section (2) shall be
conclusive evidence that the Final Scheme has been duly made
and approved.
39-T. Variation of Scheme.— (1) After publication of the
Final Scheme, if the Chennai Metropolitan Development Authority,
the Urban Development Authority concerned or the appropriate
planning authority, either suo motu or on application by a owner
of any land in the Scheme area, considers that the Scheme is
defective on account of any error, irregularity or infirmity, it may
request the Government for appropriate variation of the Scheme:
Provided that any request for further variation of the
Scheme shall not be entertained by the Government.
(2) On receipt of such request from the appropriate planning
authority, the Chennai Metropolitan Development Authority or the
Urban Development Authority concerned, as the case may be, the
Government may, if satisfied, vary the Scheme by publishing the
variation in the Tamil Nadu Government Gazette and in two leading
daily newspapers in that area, of which one shall be in Tamil:
Provided that the use of land allotted for the purposes of
parks, playgrounds, gardens and open spaces shall not be changed
for any other purpose.
(3) Notwithstanding anything contained in sub-sections (1)
and (2), a Final Scheme may be varied or revoked by a subsequent
Scheme prepared and approved in accordance with this Act.
39-U. Withdrawal of Scheme.— Notwithstanding
anything contained in this Chapter, the Government may by order,
for reasons to be recorded, withdraw any Scheme:
Provided that no such withdrawal shall be ordered after
approval of the Preliminary Scheme:
96 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Provided further that on such withdrawal of the Scheme,

the lands shall be restored to the original condition, as it stood on
the date of publication of declaration of the intention under section
39-A, at the cost of the Government.
39-V. Revision by High Court.— Any person aggrieved
by an order of the Government under sub-section (4) of section
39-R may, within a period of sixty days from the date on which a
copy of the order was communicated to him, file an application for
revision of the order in the High Court:
Provided that the High Court may entertain an application
for a further period of thirty days, if it is satisfied that the petitioner
had sufficient cause for not filing the application within the said
period of sixty days.
39-W. Recovery of arrears.— (1) Any sum due to
the appropriate planning authority under this Act or any rule or
regulation made thereunder, shall be the first charge on the final
plot on which it is due, subject to payment of land revenue, if any,
due to the Government thereon.
(2) Any sum due to the appropriate planning authority
under this Act or any rule or regulation made thereunder, which
is not paid on demand, shall be recovered as an arrear of land
revenue.
39-X. Execution of works in Scheme area.— The
appropriate planning authority shall complete all the works in the
Scheme area within the period stipulated in the Final Scheme:
Provided that the Government may, on a request from
the appropriate planning authority, grant further period of time not
exceeding twice the stipulated period for completion of the works.
39-Y. Cessation of application of local body Act.— (1)
The Government may direct that any power or function exercisable
by a local authority under a local body Act within a Scheme area
shall stand transferred to, and be performed by, the appropriate
planning authority under the said Act for such period and for such
purposes as may be notified, in relation to such Scheme.
Explanation.— For the purpose of this section,-
(a) "local authority" means,-
(i) any Municipal Corporation or Municipality
constituted under the Tamil Nadu Urban Local Bodies Act, 1998
(Tamil Nadu Act 9 of 1999);
(ii) a District Panchayat or a Panchayat Union
Council or a Village Panchayat constituted under the Tamil Nadu
Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994); or
(iii) a Board constituted under the Tamil Nadu
Water Supply and Drainage Board Act, 1970 (Tamil Nadu Act 4 of
1971) or the Chennai Metropolitan Water Supply and Sewerage
Act, 1978 (Tamil Nadu Act 28 of 1978) ;
(b) "local body Act" means,-
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 97

(i) The Tamil Nadu Urban Local Bodies Act, 1998

(Tamil Nadu Act 9 of 1999);
(ii) The Tamil Nadu Panchayats Act, 1994
(Tamil Nadu Act 21 of 1994);
(iii) The Tamil Nadu Water Supply and Drainage
Board Act, 1970 (Tamil Nadu Act 4 of 197l) and
(iv) The Chennai Metropolitan Water Supply and
Sewerage Act, 1978 (Tamil Nadu Act 28 of l978).
(2) After expiry of the period notified under sub-section (1),
all assets and facilities such as public street, drinking water and
sewerage system, street light and such other facilities created by
the appropriate planning authority or the designated officer in the
Scheme area shall stand vested with the local authority.”.

(By Order of the Governor)

C. GOPI RAVIKUMAR,
Secretary to Government (Legislation),
Law Department.
98 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 99

The following Act of the Tamil Nadu Legislative Assembly

received the assent of the Governor on the 5th May 2023 and
is hereby published for general information:—
ACT No. 19 OF 2023

An Act further to amend the Tamil Nadu Urban Local Bodies

Act, 1998.

BE it enacted by the Legislative Assembly of the State of

Tamil Nadu in the Seventy-fourth Year of the Republic of India as
follows:-
1. (1) This Act may be called the Tamil Nadu Urban Local Bodies Short title and
(Amendment) Act, 2023. commence-
ment.

(2) It shall be deemed to have come into force on the 13th day
of April 2023.
Tamil Nadu Act 9 2. For section 91 of the Tamil Nadu Urban Local Bodies Act, 1998 Substitution of
of 1999. (hereinafter referred to as the principal Act), the following section shall section 91.
be substituted, namely: —
“91. Levy and collection of education tax.— The council
may levy education tax within its area at such rate not exceeding five
per cent of the annual value of all lands, buildings, telecommunication
towers and storage structures built on or attached to land, as the
council may determine, and collect such tax.”.
100 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Validation. 3. Notwithstanding anything contained in the principal Act, the

education tax levied, collected or paid under the principal Act during
the period commencing on and from the 13th day of April 2023 and
ending with the date of publication of this Act in the Tamil Nadu
Government Gazette, shall, for all purposes be deemed to be, and to
have always been validly levied, collected or paid in accordance with
law as if section 91 of the principal Act, as substituted by section 2
of this Act had been in force at all material times when such tax was
levied, collected or paid and accordingly all acts, proceedings or
things done or taken by any authority or officer in connection with the
collection or payment of such tax shall for all purposes be deemed
to be and to have always been validly done or taken in accordance
with law.

(By Order of the Governor)

C. GOPI RAVIKUMAR,
Secretary to Government (Legislation),
Law Department.

PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU