Section 9D in Tamil Nadu Town and Country Planning Act, 1971
9D. Provisions of this Act shall apply to the Metropolitan Development Authority subject to certain modifications.
- In regard to the Metropolitan Development Authority and to any development plan prepared by it, the provisions of this Act shall apply, subject to the following modifications, namely:- (1) in section 2, -(a)in clause (3), the expression " and include the Metropolitan Development Authority established under section 9-A shall be added at the end;(b)in clause (14), after the expression "new town development authority", the expression "or the Metropolitan Development Authority" shall be inserted;(c)in clause (30), for the expression "or a site for a new town", the expression "a site for a new town or the Chennai Metropolitan Planning Area" shall be substituted;(2)in section 4, after clause (c), the following clause shall be added, namely: -"(d) the Metropolitan Development Authority.";(3)in section 16, -(a)in the first paragraph, for the expression "Every local planning authority", the expression "The Metropolitan Development Authority" shall be substituted;(b)the proviso shall be omitted;(c)in the Explanation, for the expression "local planning authority", the expression "Metropolitan Development Authority" shall be substituted;(4)in section 17, for sub-section (1), the following sub-section shall be substituted, namely:-"(1) The Metropolitan Development Authority established under section 9-A shall, within such time as may be prescribed and after consulting the local authorities concerned, prepare and submit to the Government a plan hereinafter called the "master plan", for the Chennai Metropolitan Planning Area or any part of it.";(5)in section 18, for sub-section (1), the following sub-section shall be substituted, namely:-"(1) As soon as may be, after the designation for the site for a new town under the development plan prepared by the Metropolitan Development Authority, the said authority shall, within such time as may be prescribed, prepare and submit to the Government a plan hereinafter called the "new town development plan" for the site designated for the new town or any part of it";(6)in section 19,-(a)in sub-section (1), for the expression "A local planning authority", the expression, "The Metropolitan Development Authority" shall be substituted;(b)in sub-section (2), for the expression "the local planning authority", the expression "The Metropolitan Development Authority" shall be substituted;(7)in section 20, in clause (f) of sub-section (1) and clause (f) of sub-section (2), for the expression " the local planning authority: the expression "the Metropolitan Development Authority: shall be substituted;(8)in section 21, for the expressions "The local planning authority" and "Director", the expressions "The Metropolitan Development Authority" and "Government" shall respectively be substituted;(9)for section 22, the following section shall be substituted namely:-"22. Powers of Government to require the Metropolitan Development Authority to prepare a master plan, a new town development plan or a detailed development plan in respect of any area. - Notwithstanding anything contained in sections 17, 18, 19 and 21, the Government may, by notification, require the Metropolitan Development Authority to prepare and submit to the Government before a fixed date, a master plan, a new town development plan or the detailed development plan in respect of any area.:";(10)for section 24, the following section shall be substituted namely:-"24. Consent of Government to the publication of notice of preparation of plans.- (1) As soon as may be, after the master plan, the new town development plan or the detailed development plan has been submitted by the Metropolitan Development Authority to the Government, but not later than such time as may be prescribed, the Government may direct the Metropolitan Development Authority to make such modifications in master plan, the new town development plan or the detailed development plan, as they think fit and thereupon the Metropolitan Development Authority shall make such modifications and resubmit it to the Government.(2)The Government shall, after the modifications, if any directed by them, have been made, give their consent to the appropriate planning authority to the publication of a notice under section 26 of the preparation of the regional plan, the master plan or the new town development plan.";(11)in section 26, -(a)for the marginal heading, the following marginal heading shall be substituted, namely:-"Notice of the preparation of the master plan, the new town development plan or the detailed development plan.";(b)for the expression "appropriate planning authority" wherever it occurs, the expression "Metropolitan Development Authority" shall be substituted;(c)for the expression "the regional plan, the master plan or the new town development plan". in both the places where it occurs, the expression "the master plan, the new town development plan or the detailed development plan" shall be submitted;(12)for section 28, the following section shall be substituted, namely:-"28. Approval by Government. - As soon as may be, after the submission by the Metropolitan Development Authority, of the master plan, the new town development plan or the detailed development plan, but not later than such time as may be prescribed, the Government may, after consulting the Director, either approve the said plan or may approve it with such modifications, as they may consider necessary, or may return the said plan to the Metropolitan Development Authority to modify the plan or to prepare a fresh plan in accordance with such directions as the Government may issue in this behalf and resubmit it to the Government for approval within such time as the Government may specify in this behalf.";(13)in section 30,-(a)in the marginal heading, for the expression "regional plan, master plan and new town development plan", the expression "master plan, new town development plan and detailed development plan" shall be substituted;(b)in sub-section (1), for the expression "a regional plan, a master plan or a new town development plan", the expression "a master plan, a new town development plan or a detailed development plan" shall be substituted;(c)in sub-section (2), for the expression "the regional plan, the master plan or the new town development plan", the expression "the master plan, the new town development plan or the detailed development plan" shall be substituted;(14)for section 32, the following section shall be substituted, namely:-"32. Variation, revocation and modification of master plan, new town development plan. - A master plan, new town development plan or detailed development plan of the Metropolitan Development Authority approved under section 28 may, at any time, be varied or revoked by a subsequent master plan, new town development plan or detailed development plan, as the case may be, prepared and approved under this Act.(2)Once in every five years after the date on which the master plan for the Chennai Metropolitan Planning Area comes into operation, the Metropolitan Development Authority may, and if so directed by the Government shall, after carrying out such fresh surveys as may be considered necessary and in consultation with the local authorities concerned, review the master plan and make such modifications in such plan wherever necessary and submit the modified regional plan for the approval of the Government.(3)The provisions of section 26,28 and 30 with such modifications as may be necessary shall apply to such modified master plan.(4)The Government may, at any time, by notification in the Tamil Nadu Government Gazette, vary or revoke, the master plan, the new town development plan or the detailed development plan, as the case may be, prepared and approved under this Act."(15)in Chapter V, -(a)for the expressions "New Town Development Authority", "a new town development authority", "new town development authority" and "A new town development authority" wherever they occur, the expression "Metropolitan Development Authority", "the Metropolitan Development Authority", Metropolitan Development Authority" and "The Metropolitan Development Authority" shall, respectively, be substituted;(b)in section 40, in sub-section (1), for the expression "for securing the development of the new town in accordance with the new town development plan approved by the Government under this Act", the expression "for securing the effective implementation of any of the development plans of the Metropolitan Development Authority" shall be substituted;(c)in section 41, for the expression "within the area of the new town", the expression" within the Chennai Metropolitan Planning Area" shall be substituted;(d)in section 42, for the expressions "any new town development authority" and "in relation to the new town", the expressions "the Metropolitan Development Authority" and "in relation to the Chennai Metropolitan Planning Area" shall, respectively be, substituted;(e)in section 44, in sub-sections (1) and (3), for the expression "for the promotion and execution of works in the new town development plan made under this Act: in both the places where it occurs, the expression "for the discharge of functions assigned to it under this Act" shall be substituted.(f)section 46 shall be omitted;(16)in section 76,-(a)for the expressions "Director" and "planning authority" wherever they occur, the expressions "Government" and "Metropolitan Development Authority" shall, respectively be, substituted;(b)in sub-section (1), in the first proviso, for the expression "if he is satisfied", the expression "if they are satisfied" shall be substituted;(c)in sub-section (3), in clause (a), in item (iii), for the expression "as he may think fit", the expression 'as they may think fit" shall be substituted;(d)in sub-section (5), in the proviso, for the expression "in his discretion", "as he thinks fit" and "to his satisfaction", the expressions "in their discretion", "as they think fit" and "to their satisfaction" shall, respectively, be substituted;(17)in section 77,-(a)for the expressions "Director" and "the planning authority concerned" wherever they occur, the expressions "Government" and "the Metropolitan Development Authority" shall, respectively, be substituted;(18)in section 79,-(a)for the expression "prescribed authority" wherever it occurs, the expression "Government" shall be substituted;(b)in sub-section (1), for the expression "planning authority", the expression "Metropolitan Development Authority" shall be substituted;(c)in sub-section (2), for the expression "if it is satisfied", the expression "if they are satisfied' shall be submitted;(19)section 80 shall be omitted;(20)in section 81, in sub-section (1), the expression "and 80" shall be omitted;(21)in section 91, in sub-section (1), for the expression "except the power of the Government to make rules", the expression "except the power of the Government to hear any appeal under section 76 and the power to make rules" shall be substituted.
