Keyword(s):
Act Repealed by 20 of 1999, Building Regulations, Ceiling Limit,
Commencement, Dwelling Authority, Dwelling Unit, Family, Land
Appurtenant, Master Plan, Urban Agglomeration, Urban Land
An Act to provide for the imposition of a ceiling on
vacant land in urban agglomerations for the acquisi-
tion of such laod in excess of the ceiling limit, to
regulate t ,e construction of building on such land and
for matters connected therewith, with a view to pre-
venting the concentration of urban land in the hands
of a few persons and speculation and profiteering
therein and with a view to bringing about an equita-
ble distribution of land in arban agglomerations to
subserve the common good.
BEit enacted by the Legislzture of the State of Tamil
Nadu in the Twenty-ninth Year of the Republic of
India as follows :-
CHAPTER I. I
1,(1) This Act may be called the Tamil Nadu
Short title.
extent and
I
c~mmencement.Urban Land (Ceil~ngand Regulation) Act, 1978.
(2) This Act extends to the whole of the State
of Tamil Nadu.
(3) (a) This Act, except sections 14, 15, sub-section
(3) of section 20 an3 sections 27 and 48, shall be
deemed to havz come into force on the 3rd day of
August 1976.
(b) Sections 14, 15, sub-section (3) of section 20
and sections 27 and 48 shall come into force c n the
date of the publicas ion of this Act in the Tamil Nad~
Government Gazette.
Dzckation. 2. It is hereby dxlared that this Act is for giving
effect to the policy of the State towards securing the
principles spzcified in clause (b) and clause (c) of
Article 39 of the Constitution.
*For Staterncnt of Objects and Reasons, see Tamil Nadu
Government Gazette Extraordinary, dated the 28th March 1978,
I
Part IV-Sectton 1, Pages 317-318.I 1978 :T.N. Act $41 Cfrban Land
(Ceiling and Regulation)
CHAPTER 11.
DEF~N~TIONS.
71’3
I
I
- In this Act, unless the context otherwise requires,- Definitions.
(a) “building regulations ” means the regulations
contained in the master plan, or the law in force govern-
ing the const~uctionof buildings “;
(b) “ceiling limlt” means the ceiling limit specified
in section 5 ;
(c) “commencement of this Act” means-
(i) in respect of any urban agglomeration specified
in Schedule I, the 3rd day of August 1976,
(ii) in respect of any area declared to be an urban
agglomeration by a notification under sub-clause (ii)
of clause (n) of section 3, the date of publication of such
notification in the Tc:mil Nadu Government Gazette ;
(iii) where any land, not being vacant land, has
become vacant land by any reason whatsoever, the date
on which such land becomes vacant land ;
(d) “competent authority” meavs any person or
authority authorised by tne State Government, by notif?-
cation in the Tamil Nadu Government Gazette, to perform
the functions of the competent authority under this Act
for such area as may be specified in the notification and
different persons or authorities may be authorised to perform
different functions ;
(e) “dwelling unit”, in relation to a building or a
portion of a building, means a unit of accommodation,
in such building or portion, used solely for the purpose of
residence.
Explanation.-Where, according to the plan approved
by the appropriate authority, a unit of accommodation
in any building or portion thereof is to be used solely for
the purpose of residence, such unit of ac~ornmodiiti~nshall
be deemed to be a dwelling unit ;
(f)”family”, in relation to a person, means the indim
vidual, the wife or husband, as the case may be,. of such
i ndividual and their unmarried minor child~en.
I7f 8
Urban Land [I978:T.N. Act a4
(Ceiling and Regulation)
Explanation.-For the purpose of this clause,”minor”
means a person who has not completed his or her age of
eighteen years ;
(g) “industrial undertaking ” means any undertaking
cngaged in the manufacture or production of goods speci-
fied in Schedule 111 or carrying on any other activities
specified in the said Schedule;
(h) “land appurtenant”, in relation to anyibuilding
laeatis an extent of five hundred square metres contiguous
to the land occupied by such building and includes,-
(i) in the case of any building constructed before or
under construction on the commencement of this Act with
a dwelling unit therein, or
(ii) in the case of any building proposed t o be cons-
tructed with a dwelling unit therein and in respect of which
the plan for such building has been approved by the appro-
priate authority before the commencement of this Act,
an additional extent cot exceeding five hundred square
metres of land, if any, contiguous to the said extent of
five hundred square metres of land:
Provided that in relation to a multi-storeyed building,
the extent of land contiguous to the land occupied by such
multi-storeyed building permitted according to the plan
approved by the appropriate authority shall be deemed
to be the land appurtenant ;
(i) “master plan”, in relation to an area within an
urban agglomeration or, any part thereof*means the plan
(by whatever name called) prepared under any law for the
time being in force or in pursuance of an order made
by the State Government for the development of such area
or part thereof ;
I
(j)”person” includes an individual, a family, a firm
a company or an association or body of individuals,whethei
incorporated ornot ;
(k) “prescribed” means prescribed by rules ma&
under this Act I1978 :T.N.Act 3-41 Urban tand
719
(Ceiling and Regulation)
(I) ” to hold” with its grammatical variations, i~
relation to any vacant land, means-
(i) to own suchland; or
(ii) to possess such fandas owner or as tenant or
as mortgagee or under an ~rrevocablepower-of-attorney
or under a hire-purchase ageement or partly in one of
the said capacities and partly in any other of the said
capacity or capacities.
Explanation I.-Bor the purpose of this clause,
“tenant” means any person who has paid or has agreed
to pay rent or other consideration for his being allowed by
another to enjoy the land .of the latter under a tenancy
agreement, express or implled, and includes-
(i) any such person who continues in possession
of the land after the determination of the tenancy agree-
ment ;
I
(ii) the heirs, assignees, legal representative of
such person, or persons derivingrights through such person.
Explanation II.-Where the same vacant land is
held by one person in one capacity and by another person
in another capacity, then, for the purposes of this Act,
such land shall be deemed to be held by both such persons ;
(m) “Tribunal” means the Urban Land Tribunal
co~stitutedunder sectior 13 ;
(n) “urban agglomeration “means-
(i) the area comprised in the urban agglomeration
specified in Schedule I ;and
agglomeration and referred to as such in the master plan ;
or
(ii) any other area which the State Goveri~m~nt
may, having regard to its location, population (population
being more than one lakh) and such other relevant factors
as the circumstances of the case may require by notification
in the Tamil Nadu Government Gazette, declare to be an
urban agglomeration and any agglomeration so declared
shall he deemrd to belong to category 111 in that Schedule;
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