Section 37 in Tamil Nadu Panchayats Building Rules, 1997
37. [ Grant of exemption. [Inserted by G.O. (Ms) No. 166, Rural Development and Panchayat Raj (Part II), dated the 28th October 2008.]
(1)(a)The Government or any other authority empowered by the Government by a notification published in the Tamil Nadu Government Gazette, may either suo motu or on application, exempt from the operation of all or any of the provision of these rules, for reasons to be recorded in writing, any building or any specified class of buildings, provided that such application is made within sixty days from the date of receipt of the order of the executive authority against which such application is made to the Government or the authority empowered by the Government, as the case may be;(b)The Government, may either suo motu or on appeal against any orders of the authority empowered by them, pass such orders, as deemed fit, provided such an appeal is made within thirty days from the date of receipt of the order of the authority empowered by the Government:Provided that it is open to the Government or the authority empowered by the Government, as the case may be, to condone any delay for reasons to be recorded in writing, if applications under clause (a) above or appeals under this clause are not made to Government or the authority empowered by the Government, as the case may be, within the prescribed time.(2)Any exemption granted under this rule shall not be deemed to be approval or permission for construction or reconstruction of any building required by or under the Tamil Nadu Panchayats Act, 1994.]Appendix-A[See rule 3(1)]Application Under Rule 3(1) of The Tamil Nadu Panchayats Building Rules, 1997FromName of the Applicant AddressToThe Executive Authority,.....Village Panchayat.Sir,I intend to lay-out the plot of land or lands in Survey No , Street or road, named...............measuring..........under rule 3(1) of the Tamil Nadu Panchayats Building Rules, 1997.I forward herewith in triplicate a lay-out plan/plans of the plot of land to be laid out.I intend to use the lay-out sites for the........purpose.I request that the lay-out plan may be approved and permission may be accorded to execute the said work.Place:Date:Signature of the Applicant.Conditions(i)I agree not to proceed with lay-out of the house-sites or plots until the approval is signified by the Executive Authority required under the Tamil Nadu Panchayats Building Rules, 1997.(ii)I agree not to dispose off any house-site or plot unless the lay-out has been approved by the Executive Authority.(iii)I agree not to do any work otherwise than in accordance with the lay-out plan which has been approved or in contravention of any of the provision of the Act or any rule, bye-law order or other declaration made thereunder or any direction or requisition lawfully given or made under the said Act, rules or bye-laws.(iv)I agree to make any alterations which may be required by any notice issued or by any order confirmed by the Executive Authority.(v)I agree to keep my site open at all times for the inspection of the Executive Authority or any officer authorised by him in that behalf.(vi)[ I agree to transfer the lands required for streets, lanes, passages, common construction, and other open spaces reserved for common public purposes like parks, play fields, children play space in favour of the executive authority, by a registered gift deed, before the grant of approval by the executive authority, on demand by the executive authority.] [Substituted by G.O. Ms. No. 57, RD (C2), dated the 3rd May 2005.](vii)I agree to carry out demarcation, formation and construction of streets, lanes, passages, pathways and other open spaces reserved for common public like parks, play fields, children play space including levelling, paving, metalling, flagging, channelling, sewering, conserving and lighting in accordance with the provisions of the lay-out approval.(viii)I agree to furnish any information which may be required by the Executive Authority for the grant of permission to execute the work and also while executing the work.(ix)I also agree to provide for all the common amenities as required under the Tamil Nadu Panchayats Building Rules, 1997.I certify that the land in question belongs/does not belong to a Wakf, Hindu or Christian religious or charitable institution or to any other religious or charitable institution or Government, Quasi-Government or local bodies. I also certify that the plan of the building is in accordance with the terms of the lease agreement or is with the prior concurrence of the Tamil Nadu State Wakf Board, Chennai or the Commissioner of the Hindu Religious and Charitable Endowment Department, Chennai or Christian Religious Institution or other competent authority, as the case may be. I furnish copies of the lease agreement/letter of concurrence /plan of the building as approved by the aforesaid authority.(The certificate is necessary only when the land belongs to any of the religious or charitable Institution or to the Government, Quasi-Government or Local Bodies.)Appendix - B[See rule 4(1)]Application Under Rule 4(1) of The Tamil Nadu Panchayats Building Rules, 1997FromName of the Applicant:Address:ToThe Executive Authority,............Village Panchayat.Sir,I intend to construct/re-construct/make alteration or additions to a building/ hut in the site measuring..........in revenue Survey No..... street or road, named ............. under rule 4(1) of the Tamil Nadu Panchayat Building Rules, 1997.I forward herewith in triplicate -(a)a site plan of the land on which the building or hut is to be constructed or re-constructed or altered or added to complying with the requirement of Appendix "C" to the Rules;(b)a plan or plans, of the building showing the ground plan of each floor elevation and section; (complying with the requirements of Appendix 'D' to the Rules); and(c)a specification of the work (complying with the requirement of Appendix 'E' to the Rules).I intend to use the building only for as a dwelling house/not as a dwelling house but for the purpose of...........I request that the site plan may be approved and permission may be accorded to execute the said work.Place:Date:Signature of the Applicant.Items (b) and (c) are not applicable in case of huts.Conditions(i)I agree not to proceed with the execution of the work until approval is signified by the Executive Authority required under the Tamil Nadu Panchayats Building Rules, 1997 or permission is granted by the said authority.(ii)I agree not to do any work otherwise than in accordance with the site and building plan and specifications which have been approved, or in contravention of any of the provision of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) or any rule, bye-law order or other declaration made thereunder or any direction or requisition lawfully given or made under the said Act, rules or bye-laws.(iii)I agree to make any alterations which may be required by any notice issued or by any order confirmed by the Executive Authority.(iv)I agree to keep one copy of the approved site plan and one set of copies of the sanctioned plans of the building at the site at all times when the work is in progress and also agree to see that plans are available and the building is open at all time for the inspection of the Executive Authority or any officer authorised by him in that behalf.(v)I agree to give notice to the Executive Authority and furnish a set of completion plans within fifteen days from the date of completion or occupation of the building, whichever is earlier.(vi)I agree not to occupy the building that will be constructed or re-constructed by me or cause or permit it to be occupied until I have obtained a certificate from an officer of the Public Health Department of the area as required by sections 26 and 33 of the Tamil Nadu Public Health Act, 1939 (Tamil Nadu Act III of 1939).I certify that the land in question belongs/does not belong to a Wakf, Hindu or Christian religious or charitable institution or to any other religious or charitable institution or Government, Quasi-Government or local bodies. I also certify that the plan of the building is in accordance with the terms of the lease agreement or is with the prior concurrence of the Tamil Nadu State Wakf Board, Chennai or the Commissioner of the Hindu Religious and Charitable Endowment Department, Chennai or Christian religious institution or other competent authority, as the case may be. I furnish copies of the lease agreement/letter of concurrence/plan of the building as approved by the aforesaid authority.(The certificate is necessary only when the land belongs to any of the religious or charitable institution or to the Government, Quasi-Government or local bodies.)Appendix - C[See rule 4(1) (a)]The Site-PlanThe site-plan shall comply with the following requirements: -
