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State of Tamilnadu- Act

Tamil Nadu Nuclear Installations (Regulation of Buildings and Use of Land) Rules, 1990

TAMILNADU
India

Tamil Nadu Nuclear Installations (Regulation of Buildings and Use of Land) Rules, 1990

Rule TAMIL-NADU-NUCLEAR-INSTALLATIONS-REGULATION-OF-BUILDINGS-AND-USE-OF-LAND-RULES-1990 of 1990

  • Published on 2 February 1990
  • Commenced on 2 February 1990
  • [This is the version of this document from 2 February 1990.]
  • [Note: The original publication document is not available and this content could not be verified.]
Tamil Nadu Nuclear Installations (Regulation of Buildings and Use of Land) Rules, 1990Published vide Notification No. G.O. MS. NO. 264, P.W.D. (Electricity), dated 2nd February, 1990 - No. SRO-A/14(a)/90G.O. MS. No. 264. - In exercise of the powers conferred by section 21 of the Tamil Nadu Nuclear Installations (Regulation of Buildings and Use of Land) Act, 1978 (Tamil Nadu Act 16 of 1978), the Governor of Tamil Nadu hereby makes the following rules : -

2. The rules hereby made shall come into force on the 2nd February 1990.

1. Short title.

- These rules may be called the Tamil Nadu Nuclear Installations (Regulation of Buildings and Use of Land) Rules, 1990.

2. Definitions.

- In these rules, unless the context otherwise requires, -
(i)"Act" means the Tamil Nadu Nuclear Installations (Regulation of Buildings and Use of Land) Act, 1978 (Tamil Nadu Act 16 of 1978);
(ii)"appeal" means an appeal to be filed within the time limit prescribed under rule 6;
(iii)"appellate authority" means the District Collector;
(iv)"Appendix" means the appendix to these rules;
(v)"Kalpakkam Nuclear Installation Local Authority" means the Kalpakkam Nuclear Installation Local Authority constituted under section 3 of the Act;
(vi)"revisionary authority" means the Government;
(vii)"rules of business" means the rules of business prescribed under rule 3.

3. Meeting.

- (i) The nuclear installation local authority shall normally meet once in two months for disposing of applications for licence received during the period. Special meetings may be convened for transacting urgent business, if any, desired by the Chairman.
(ii)Quorum. - Three members of the Nuclear Installation Local Authority including the Director-General of Services Organisation, Department of Atomic Energy, Kalpakkam shall constitute a quorum for any meeting.
(iii)Agenda. - Besides the applications received for licence, the agenda shall include items falling within the scope of the provisions of the Act.
(iv)Circulation of the minutes. - The Secretary shall circulate the minutes of the meeting within a weeks time from the date of the meeting. In the case of items where the technical advice/experts opinion of the power station authorities on any application or any other matter required, the Secretary shall refer such matters to the Chief Project Engineer, [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] Atomic Power Project, Station Superintendent, [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] Atomic Power Station for such technical advice/experts opinion and place the same before the authority for final decision.

4.

Every application for the grant of a licence shall be made in Forms appended to these rules and shall be accompanied by a receipt evidencing the payment of the fees as specified in rule 7.

5.

(a)No person other than the Government or the Central Government or nuclear installations local authority shall use or cause to be used any land in the exclusion area. The nuclear installation local authority may permit the continuing of the use of any building or land for the purpose and to the extent for, and to which it was being used on the date on which such area is notified as exclusion area except for the construction of school building, stores, irrigation and drinking wells, channels and culverts with the approval by the nuclear installation local authority.
(b)The nuclear installation local authority shall not grant licence to the organised development of housing with in the sterilised area, the development of industries and industrial activity and other operations allied to mining which would necessitate employment of large number of people within the sterilised area.
(c)The Panchayat Building Rules, 1970 shall mutatis mutandis apply in regard to the terms and conditions for the grant of licence for erection or re-erection of buildings and for the approval of lay-outs. Failure to carry out the provisions shall be punishable with fine which may extend to five thousand rupees.
(d)For carrying out engineering operations as referred to under clause (a) of sub-section (3) of section 8 of the Act, the nuclear installation local authority shall follow the procedure prescribed under section 112 of the [Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958)] [See now the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994).], and the rules made thereunder.

6. Appeals.

(a)An appeal may be preferred by the aggrieved person within thirty days from the date of order, decision or direction of the nuclear installation local authority.
(b)The appeal shall be made in writing to the District Collector.
(c)The applicant shall remit a fee of Rs. 30 in the office of the nuclear installation local authority and enclose the challan with the appeal.
(d)The applicant shall enclose a copy order of the nuclear installation local authority rejecting the permission.
(e)The applicant shall enclose three copies of plan of site or building for which licence or permission is required.
(f)The District Collector may give an opportunity to the appellant or his agent, being heard in person or authorise any of his subordinates in this regard.
(g)The District Collector may stay the operation of the order, decision or direction of nuclear installation local authority pending final orders on the appeal.
(h)The District Collector may grant or reject the appeal preferred by the aggrieved person.

7.

The following fees shall be paid for application for grant of licence and the challan shall be enclosed with the application -
    Rate in rupees.
1 Application for laying out of land for buildingpurposes 25
2 Application for erection of building -(1) Forconstructing a building with RCC Roof (for 100 square feet) 10
  (2) For constructing a building with cementtiles or Mangalore tiles (for 100 square feet) 5
  (3) For erection of compound wall (for 100square feet) 6
  (4) For provision of barbed wire fencing (for100 square feet) 4
  (5) Inspection fees 10
  (6) For approval of each plan exceeding twocopies 3
3 Application for use of land 25
AppendixForm AApplication for Laying Out of Land for Building PurposesFrom....................................................................ToThe Secretary,Kalpakkam Nuclear Installation Local Authority,Kalpakkam.Sir,I hereby apply for permission for laying out to my land in S.No. for building purposes.I forward herewith the following particulars in quadruplicate, namely : -
(a)a topo plan of the site showing adjoining areas to a radius of 150 meters all round from the proposed layout site under reference marking clearly therein the boundaries of the proposed layout in red colour, existing roads, structures, streams, burial grounds and high tension or low tension power lines passing through the proposed layout and levels of the site;
(b)A detailed site plan to a scale of not less than 1-800 showing the proposed layout indicating size of plots, width of the proposed roads, open spaces and amenities provided and type of building to be built, if any; and
(c)the particulars in the Annexure.
I/We,....... the owner/legal representative of every part of the land to which the accompanying application relates request that the layout may be approved and permission may be accorded.Signature of the owner of the land or applicant.AnnexureTo be Completed by the Applicant
1 Applicant (in Block Capitals) -  
  Name  
  Address  
2 Particulars of proposal for which permission ofapproval is sought -  
  Full address or location of the land to whichthis application relates and site area.  
  T.S. No./S.F. No.  
  Division No./Ward No.  
  Name of town or village  
  Name of the Taluk Site area  
3 Particulars of present and previous use of landand the reasons for the change in the use of land: -  
  (i) Present use of land  
  (ii) If vacant, the last previous use  
4 Information regarding the proposed use: -  
  (i) State number and type of dwelling units(whether bungalows, houses, flats, etc.), factories, shops,institutions, parks and play fields, etc., proposed)  
  (ii) Extent of land use proposed- Extent inhectares,  
  (a) Land allotted for residential purposes  
  (b) Land allotted for commercial purpose  
  (c) Land allotted for industrial purpose  
  (d) Land allotted for institutional purpose  
  (e) Land allotted for parks and play fields  
  (f) Land allotted for roads and pathways  
  (g) Land allotted for other uses to bespecified.  
Signature of the owners of land and building or applicant.Conditions

1. I agree not to proceed with the lay out of land for building purposes until the permission is granted by the Authority.

2. I agree not to do any development otherwise than in accordance with the layout plan, specifications which had been approved or in contraventions.

3. I agree to make any modifications which may be required by any notice issued by any order confirmed by the Authority.

4. I agree to keep one copy of the approved layout plans at the site at all reasonable times when development is in progress and also agree to see that the plan is available and the site is open at all reasonable time for the inspection any officer authorised by the local authority.

5. I agree to furnish a set of completion plans within fifteen days from date of completion of the development.

6. I agree to hand over all the proposed roads after duly forming them to the satisfaction of the local authority concerned and sites reserved for parks, play grounds, open spaces for public purposes free of cost to the local authority when so directed by the authority.

7. I agree to furnish any further details required by the local authority within thirty days of receipt of intimation.

Signature of the owner of the land or applicant.Form BApplication For Permission For Erection Of Building/re-Erection
From Date:
ToThe Secretary,Kalpakkam Nuclear Installation Local Authority,KalpakkamSir,I hereby apply for permission to carry out the following development.I forward herewith the following particulars in quadruplicate, namely : -
(a)a topo plan showing the existing streets and public buildings to a radius of 100 meters all round from the proposed site under reference making clearly therein the boundaries of the proposed site in reference in red colour, the adjoining lands owned or controlled by me, if any, in blue colour;
(b)a plan or plans of the buildings showing the ground plan, plan of each floor and elevation of the building; and
(c)the particulars in the Annexure.
I intend to put the building and land in S.No. for the purpose.The site is in the lay out plan approved by the local authority in Re. No....... , dated,......... I,.......... the owner/legal representatives of every part of the land to which the accompanying application relates, request that permission for the development may be accorded.Signature of the owner of the land and building applicant.Annexure
  To be completed by the applicant -    
1 Name of the applicant (in Block Capitals)Address Telephone Number    
2 Particulars of proposal for which permission orapproval is sought    
  (a) Full address or location of the land towhich this application relates and site area    
  Door/Plot Number    
  Division or Ward Number    
  Road or Street Name    
  Site area    
  (b) Particulars of proposed developmentincluding the purposes for which the buildings are to be used.    
  (c) State whether applicant owns or controls anyadjoining land and, if so, give its location and extent.    
  (d) State whether the proposal involves -    
  (i) New Buildings    
  (ii) Alteration, extension or addition    
  (iii) Change of use    
3 Particulars of present and previous use ofbuilding or land-    
    Building Land
    (1) (2)
    (Extent in Sq. Meters)
  (i) Present use of building/land    
  (ii) If vacant, the last previous use    
4 Information regarding the proposed use -    
  (a) Total floor area of all buildings to whichthe application relates.    
  (b) Residential floor space    
  (c) Floor space for retail/wholesale trading    
  (d) Office floor space    
  (e) Industrial floor space    
  (f) Floor space for other use (to be specified)    
5 What provisions have been made for parking,loading and unloading of vehicles, within the curtilage of thesite ? (Please show the location of such provisions on theplans).    
6 Estimated cost of the work    
7 If for industrial purpose :-    
  (a) Name of Industry    
  (b) Number of persons proposed to be employed    
  (c) Details of equipment and machineries to beinstalled (HP.)    
Conditions

1. I agree not to proceed with the development until permission is granted by the authority.

2. I agree not to do any development otherwise than in accordance with the site and building plans and which have approved.

3. I agree to make any modifications which may be required by any notice issued by any order confirmed by the authority.

4. I agree to keep one copy of the approved site plan and one set of copies of the sanctioned plans of the building in the site of the building at all times when the development is in progress and also agree to see that such plans are available and the building is open at all reasonable times for the inspection of any officer authorised by the local authority.

5. I agree to furnish a set of completion plans within fifteen days from the date of completion of the development.

6. I agree to furnish any further details required by the local authority within thirty days of receipt of intimation.

Signature of the owner of the land and building or applicant.