Guidelines – Tamil Nadu Guidelines under section 113-C of the Tamil Nadu Town and Country Planning Act, 1971 for the Exemption of Buildings and Assessment and Collection of amount for Exemption, 2012 – Notification – Issued.

ABSTRACT

Guidelines – Tamil Nadu Guidelines under section 113-C of the Tamil Nadu Town and Country Planning Act, 1971 for the Exemption of Buildings and Assessment and Collection of amount for Exemption, 2012 – Notification – Issued.

HOUSING AND URBAN DEVELOPMENT [UD4(1)] DEPARTMENT

G.O.(Ms) No.234                                                                                                       Dated: 30.10.2012 
                                                                    
ORDER:

    The appended Notification shall be published in the next issue of the Tamil Nadu Government Gazette:-

 
(Order of the Governor)

K. Phanindra Reddy,
Secretary to Government.

APPENDIX.
NOTIFICATION.

   In exercise of the powers conferred by section 113-C 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 Guidelines:-

GUIDELINES.

   1. Short title and application.- (1) These Guidelines  may be called the Tamil Nadu Guidelines for the Exemption of Buildings and Assessment and Collection of amount for Exemption, 2012.

     (2) They shall be applicable to the areas covered by the provisions of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972) as per sub-section (2) of section 1 of the said Act.

2. Definition:- In these guidelines, unless the context otherwise requires:-
 
   (a) “Act” means, the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972); 

   (b) “amount for exemption ” means an amount collected under the Rules for exempting the development of any building or class of buildings referred to in section 113-C of the Act;

   (c) “Competent Authority” means, –

   (i)  in the case of Town Panchayats and Village Panchayats in the Chennai Metropolitan Area, the Chief Planner of Chennai Metropolitan Development Authority or an authority designated by him; 

   (ii)  in the case of a Municipal Corporation, the Commissioner of the said Corporation;

   (iii)  in the case of a Municipality, the Municipal Commissioner of the said Municipality;

   (iv)  in the case of a Town Panchayat or Village Panchayat outside Chennai Metropolitan Area the Member Secretary of the Local Planning Authority or the New Town Development Authority functioning under the Town and Country Planning department  or  the  Regional  Deputy Director of Town and Country Planning department or the Regional Assistant Director of Town and Country Planning department,  as the case may be;

   (d) “flat” means a set of rooms especially on one floor with a kitchen and a bathroom;

   (e) “floor space index (FSI)” means the quotient obtained by dividing the total covered area (plinth) on all floors excepting the areas specifically exempted under the respective rules, prevailing as on the 1st July 2007 in the respective areas, by the plot area which includes part of the site used as exclusive passage. (FSI = Total covered area on all floors ÷ Plot area);

   (f) “group development” means the building defined as group development in the respective rules prevailing as on the 1st July 2007 in the respective areas; 

   (g) “guideline value” means the prevailing guideline value of a land in terms of rupees per square metre fixed by the Registration department of the State of Tamil Nadu, as prevalent on the date of filing application; 

   (h) “land use zoning” means the use zone of a site specifically designated in the prevailing master plan and/or a detailed development plan or a new town development plan as on the 1st July 2007 in the respective areas prepared under the Act; 

   (i) “local authority” means :–

   (i)  a Municipal Corporation established under any law for the time being in force; or

   (ii)  a Municipality or a Town Panchayat constituted under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920); or

   (iii)  a Panchayat Union Council constituted under the Tamil Nadu Panchayats Act,1994 (Tamil Nadu Act 21 of 1994);

   (j) “multi-storeyed building” means the building defined as multistoreyed building in the respective rules prevailing as on the 1st July 2007 in the respective areas;

   (k) “ordinary building” means a building, which does not fall within the definition of special building, group development or multistoreyed building defined in the respective rules prevailing as on the 1st July 2007 in the respective areas;

   (l) “parking space” means an area covered or open, sufficient in size to park vehicles together with drive way connecting the parking lot with road or street and permitting ingress or egress of the vehicles;

   (m) “road or street width” means the whole extent of space within the boundaries of the road or street measured at right angles to the course of direction of such road or street; road width measurements for the above,  shall be of the road as designed and laid;

   (n) “Rules” means “the Tamil Nadu Assessment and Collection of amount for Exemption of Buildings Rules, 2012”.

   (o) “setback” means open space across front or sides or rear of a plot between the building and street alignment or boundary of  the plot, as the case may be;

   (p) “special building” means the building defined as special building in the respective rules prevailing as on the 1st July 2007 in the respective areas;

   (q) other terms used in these guidelines, unless the context otherwise requires, shall have the meaning as defined under section 2 of the Act, or any other law relating to local authorities for the time being in force or in any other rule or by-law or regulation made thereunder or in the respective rules prevailing as on the 1st July 2007 in the respective areas;

   3.  Application for Exemption.- (1)  Application for exemption in Form A appended to these Guidelines, shall be made to the competent Authority.
 
    (2)  The application shall be accompanied by the following:-

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