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PART - II

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5 {

No. 80 Poudouchéry

Mercredi

5

Novembre

2025

No.

Puducherry

Wednesday

5th

November

2025

(14 Kartika 1947)

GOVERNMENT OF PUDUCHERRY

LAW DEPARTMENT

No. 105/Leg./2025-LD.

Puducherry, dated 5th November 2025.

The following Act of the Legislative Assembly, Puducherry, received

the assent of the Lieutenant-Governor, Puducherry, on the 05th day of

November, 2025 and is hereby published for general information.

JHANAZ RAFFI @ JHANSI,

Under Secretary to Government (Law).

1162

LA GAZETTE DE L'ETAT

[PART–II

THE PUDUCHERRY TOWN AND COUNTRY

PLANNING (AMENDMENT) ACT, 2025

(Act No. 7 of 2025)

(05-11-2025)

A N

ACT

further to amend the Puducherry Town and Country

Planning Act, 1969.

BE it enacted by the Legislative Assembly of

Puducherry in the Seventy-sixth Year of the Republic

of India as follows :—

1.

(1) This Act may be called the Puducherry

Town and Country Planning (Amendment)

Act, 2025.

(2) It extends to the whole of the Union

territory of Puducherry.

(3) It shall come into force on and from the

date of its publication in the Official

Gazette.

2. In section 2 of the Puducherry Town and

Country Planning Act, 1969 (hereinafter referred to as

the principal Act),—

(1) after the existing clause (7), the following

clause shall be inserted, namely:—

“(7-A) “Chief Town Planner” means, the

Town

Planner

appointed

by

the

Government under section 10;”

(2) after clause (9), the following clause shall

be inserted, namely:—

“(9-A) “company” means—

(a) any

company

as

defined

in

the

Companies Act, 2013 including any

foreign company within the meaning of

section 591 of that Act;

Short title and

commencement.

Amendment of

section 2.

1163

PART–II]

LA GAZETTE DE L'ETAT

(b) anybody corporate; or

(c) any

firm

or

association

(whether

incorporated or not), carrying on business

in the Union territory of Puducherry,

whether or not its principal place of

business is situated in the said Union

Territory;”

(3) after clause (10), the following clause

shall be inserted, namely:–

“(10-A) “Designated Officer” means, the

Senior Town Planner of the Town and

Country Planning Department appointed

for the implementation of the Town

Planning Scheme;”

(4) for clause (11), the following shall be

substituted, namely:—

“(11) “development” means, the carrying out

of all or any of the works as contemplated in

an interim, comprehensive, detailed development

plan or a Town Planning Scheme prepared

under this Act, and shall include the carrying

out of building, engineering, mining or other

operations in, or over or under land, or the

making of any material change in any building

or land, or in the use of any building, land and

includes redevelopment and layout and

sub-division of any land and ‘to develop’ shall

be construed, accordingly, and shall not include

the following operations or uses of the land for

the purpose of this Act, that is to say,—

(a) the carrying out of any temporary

works

for

the

maintenance,

improvement or other alteration of

any building, being works which do

not materially affect the external

appearance of the building;

Central

Act No.

18 of

2013.

1164

LA GAZETTE DE L'ETAT

[PART–II

(b) the carrying out by a Local Authority

of any temporary works required for

the maintenance or improvement of a

road, or works carried out on the land

within the boundaries of the road;

(c) the carrying out by a Local Authority

or statutory undertaker of any

temporary works for the purpose of

inspecting, repairing or renewing any

sewers, mains, pipes, cables or other

apparatus, including the breaking

open of any street or other land for

that purpose;

(d) the use of any building or other land

within the curtilage of a dwelling

house for any purpose incidental to

the enjoyment of the dwelling house

as such; and

(e) the use of any land for the purpose

of agriculture, gardening or forest

(including afforestation) and the use

for any purpose specified in this

clause of this proviso of any building

occupied together with the land so

used;”

(5) for clause (12) the following shall be

substituted namely:—

“(12) “Development plan” means, a plan for

the development or re-development or

improvement of the area within the jurisdiction

of a Planning Authority and includes an interim,

comprehensive, detailed development plan

prepared under the Act;”

1165

PART–II]

LA GAZETTE DE L'ETAT

(6) after clause (12), the following clauses shall

be inserted, namely:—

“(12-A) “development right certificate”

means, the certificate to be issued under the

authentication of the Member-Secretary of the

Planning Authority including digital signature,

indicating the Floor Area Ratio credit in square

meters of the built-up area to which the owner

or lessee is entitled, the place from where it is

generated and the rate of that plot as prescribed

in the Guideline value as issued by the

Registration Department for the relevant year;

(12-B) “development rights” means, the right

to carry out the development or to develop the

land or building or both in the area specified

in the development right certificate;”

(7) after clause (13), the following clauses shall

be inserted, namely:—

“(13-A) “final Scheme” means, a final Scheme

relating to the Town Planning Scheme as

approved by the Government;

(13-B) “Floor Area Ratio” means, the

quotient obtained by dividing the total covered

area (plinth) on all the floors excepting the areas

specifically exempted by Notification by the plot

area, i.e.

Total covered area on all

floors

Floor Area Ratio =

Plot area;”

(8) after clause (14), the following clauses shall

be inserted, namely:—

1166

LA GAZETTE DE L'ETAT

[PART–II

“(14-A) “heritage building” means, and

includes any building of one or more premises

or any part thereof and / or structure and / or

artifact which requires conservation and/or

preservation for historical and / or architectural

and / or artisanry and / or aesthetic and / or

cultural and / or environmental and / or

ecological purpose and includes such portion

of land adjoining such building or part thereof

as may be required for fencing or covering or

in any manner preserving the historical and /

or architectural and / or aesthetic and / or

cultural value of such building;

(14-B) “heritage committee” means, the State

Level Heritage Conservation and Advisory

Committee constituted by the Government;

(14-C) “heritage precinct” means, and

includes any space that requires conservation

and / or preservation for historical and / or

architectural and / or aesthetic and / or cultural

and/or environmental and / or ecological

purpose. Walls or other boundaries of a

particular area or place or building or may

enclose such space by an imaginary line drawn

around it;

(14-D) “highway” has the same meaning as

in section 4 of the National Highways Act, 1956

(Central Act XLVIII of 1956);”

(9) after clause (16), the following clause shall

be inserted, namely:—

“(16-A) “infrastructure and amenities

charges” means, fee levied on the institution

of use or change of use of any land or building

or development of any land or building to meet

the impact of development and to cover the

cost of providing capital facilities needed to

serve the development;”

1167

PART–II]

LA GAZETTE DE L'ETAT

(10) after clause (21), the following clauses shall

be inserted, namely:—

“(21-A) “major street” means, a main street

connecting different localities;

(21-B) “Master Plan” means, a comprehensive

development plan prepared as per the Act in

the name of interim, comprehensive, detailed or

the Town Planning Scheme for a local planning

area covering the whole area or part thereof or

a joint planning area as the case may be,

conceived within the framework of the

perspective plan, if any, providing long-term

policies, programmes and detailed proposals for

spatial development of such area indicating the

manner in which the use of land and

development therein shall be carried out;

(21-C) “means of access” includes any

means, of passage, whether private or public,

for vehicles or for pedestrians and includes any

street;

(21-D) “Member-Secretary” means, the

Senior Town Planner appointed to the Planning

Authority as per section 10-A;

(21-E) “mitigation” means, the measures

taken in advance of a disaster aimed at

decreasing or eliminating its impact on society

and on environment including preparedness

and prevention;

(21-F) “national highway” means, any

highway declared to be a national highway

under section 2 of the National Highways

Act, 1956;

Central

Act XL

VIII of

1956.

1168

LA GAZETTE DE L'ETAT

[PART–II

(21-G) “natural disaster” means, a serious

disruption of the functioning of a Society,

causing widespread human, material or

environmental losses caused due to earthquake,

cyclone, flood or landslide which exceeds the

ability of the affected society to cope up using

only its own resources;

(21-H) “natural hazard prone areas” means,

areas likely to have,—

(i) moderate to very high damage risk

zone of earthquake, or

(ii) moderate to very high damage risk

of cyclones, or

(iii) significant flood flow or inundation,

or

(iv) landslide potential or proneness, or

(v) one or more of these hazards;”

(11) after clause (22), the following clause shall

be inserted, namely:—

“(22-A) “Notification” means, a Notification

published in the Official Gazette;”

(12) after clause (23), the following clause shall

be inserted, namely:—

“(23-A) “operational construction” means,

any construction whether temporary or

permanent which is necessary for operations,

maintenance, development or execution of

services essential to the life of the community

by the Government;”

(13) after clause (26), the following clauses shall

be inserted, namely:—

(26-A) “Preliminary Scheme” means, a

preliminary Scheme relating to a Town Planning

Scheme prepared by the Designated Officer;

1169

PART–II]

LA GAZETTE DE L'ETAT

(26-B) “premium or purchasable Floor Area

Ratio” means, additional Floor Area Ratio

permitted over and above the ordinary Floor

Area Ratio on payment of premium, as may be

prescribed;

(14) after clause (30), the following clauses shall

be inserted, namely:—

“(30-A) “railway” has the same meaning as

in clause (31) of section 2 of the Indian

Railways Act, 1989 (Central Act 24 of 1989);

(30-B) “reconstituted plot” means, the

alteration of plots by the making of a

development plan otherwise than by the

severance of the land used, allotted or reserved

for any public purpose or a plot which is in any

way altered by making the Town Planning

Scheme;

(30-C) “reconstruction of a building”

includes,—

(a) the re-erection, wholly or partially of

a building after more than one half of

its cubical contents has been taken

down or burnt down or has fallen

down whether at one time or not;

(b) the re-erection, wholly or partially, of

any building of which an outer wall

has been taken down or burnt down

or has fallen down to or within three

metres of the ground adjoining the

lowest storey of the building, and of

any frame building which has so far

been taken down or burnt down or

has fallen down as to leave only the

framework of the lowest storey;

1170

LA GAZETTE DE L'ETAT

[PART–II

(c) the conversion into a dwelling house,

or a place of public worship of any

building not originally constructed

for human habitation or for public

worship, as the case may be, or the

conversion into more than one

dwelling-house

of

a

building

originally

constructed

as

one

dwelling-house

only

or

the

conversion of dwelling-house into

factory;”

(d) the re-conversion into a dwelling-

house or a place of public worship or

a factory of any building—

(i) the use whereof as a dwelling-

house or a place of public

worship or a factory has been

discontinued; or

(ii) which has been appropriated for

any purpose other than for use as

a dwelling-house or a place of

public worship or a factory;”

(15) after clause (33), the following clause shall

be inserted, namely:—

“(33-A) “ring road” means, any highway

connecting different parts within the planning

area in a ring or circular fashion;”

(16) for clause (35), the following clause shall

be substituted, namely:—

“(35) “Scheme” means, a Town Planning

Scheme prepared under the Act, and includes

a plan or plans, together with the descriptive

matter, if any, relatively to such a Scheme;”

1171

PART–II]

LA GAZETTE DE L'ETAT

(17) after clause (37), the following clause shall

be inserted, namely:—

“(37-A) “Town Planning Scheme” means, the

Scheme in which land owned by the individual

or a group of individuals are pooled together

and developed by the Planning Authority and

part of such developed land is transferred to

the original owner and the remaining part of

such land is used for establishing common

facilities and amenities or for sale;”

“(37-B) “Transfer of Development Rights”

means, compensation in the form of additional

Floor Area Ratio or development rights, which

shall entitle the owner for construction of

additional built-up area, subject to such rules

and regulations as the Government or an

Authority under this Act may prescribe and the

Floor Area Ratio credit shall be issued in such

form as may be prescribed.”

3. In the principal Act, in sub-sections (3) and (4)

of section 3, for words, “Senior Town Planner”, the

words, “Chief Town Planner,” shall be substituted.

4. In the principal Act, the title of Chapter-III, for

the words, “Senior Town Planner”, the words

“Chief Town Planner,” shall be substituted.

5. In the principal Act, in sub-section (5) of

section 8, for the existing words, figures and numbers,

“sub-section (1) of section 4 of the Right to Fair

Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013” and “section 6”,

the words, figures and numbers “section 11 of the Right

to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013

and section 19”, shall be substituted, respectively.

Amendment of

section 3.

Amendment of

Ti tle

in

Chapter-III.

Amendment of

section 8.

Central

Act 30

of

2013.

1172

LA GAZETTE DE L'ETAT

[PART–II

6. In the principal Act, in section 10, for the words

“Senior Town Planner”, the words “Chief Town Planner”,

shall be substituted.

7. (i) In the principal Act, in section 11, after the

existing sub-section (1), the following sub-section shall

be inserted, namely:–

“(1-A) As soon as may be, after constitution

of the Planning Authority, the Government shall, by

Notification in the Official Gazette, appoint a Senior

Town Planner for each of the Planning Authority called

the “Member-Secretary” of the Planning Authority for

the purpose of carrying out the functions assigned to

him to this Act, Rules and Regulations made

thereunder.”

(2) In clause (ii) of sub-section 2 of the section 11,

of the words “the Senior Town Planner or any other

officer of the Town and Country Planning Department,

who shall be”, shall be deleted.”

8. (1) In the principal Act, after the sub-clause (d)

of clause (i) of sub-section (1) of section 12, the

following shall be inserted, namely:—

(e) “a Town Planning Scheme.”

(2) After the section 12, the following sections

shall be inserted, namely:—

“12-A. The Planning Authority with the

approval of the Committee and the Town and

Country Planning Board, and by Order of the

Government entrust to any Local Authority as

may be specified in such Order, the work of

execution of any Master Plan prepared by it.

12-B. The Planning Authority with the

approval of the Committee and the Town and

Country Planning Board, by Order of the

Government, authorize any Local Authority or

Amendment of

section 10.

Amendment of

section 11.

Amendment of

section 12 and

ins ertion

of

sect ion 12 -A,

12-B and 12-C.

1173

PART–II]

LA GAZETTE DE L'ETAT

other Authority or third-party expertise as may

be specified in such Order, to exercise any of

the powers vested in it or under this Act and

may in the like manner withdraw such

Authority; and the exercise of any power

delegated in this behalf shall be subject to such

restrictions and conditions as may be specified

in such Order.

12-C. The Planning Authority with the

approval of the Government may levy and

collect necessary fees / charges to carry out its

functions. The fees / charges collected shall be

utilized as per this Act and as may be

prescribed.”

9. (1) In the principal Act, in sub-sections (2) and

(3) of section 18, for the words, “Senior Town Planner”,

the words “Chief Town Planner”, shall be substituted.

(2) The sub-section (6) of section 18, shall be

substituted with the following, namely:–

“(6) Proceedings under this section and

section 19 shall be deemed and have the same

effect as proceedings under section 15 of the

Right to Fair Compensation and Transparency

in Land Acquisition, Rehabilitation and

Resettlement Act, 2013”.

10. In the principal Act, in sub-sections (1) and

(2) of section 20, for the existing words “Senior Town

Planner”, the words “Chief Town Planner”, shall be

substituted.

11. In the principal Act, in sub-section (2) of

section 21, after the clause (d), the following clause shall

be inserted, namely:—

“(e) include zones and regulations for premium

or purchasable floor area ratio, transfer of development

rights and implementation of the Scheme.”

Amendment of

section 18.

Amendment of

section 20.

Ins ertion

of

clauses in section

21.

Central

Act 30

of

2013.

1174

LA GAZETTE DE L'ETAT

[PART–II

12. In the principal Act, in sub-sections (1) and

(2) of section 23, for the words “Senior Town Planner”,

the words “Chief Town Planner”, shall be substituted.

13. In the principal Act, in sub-sections (1) and

(2) of section 29, for the words “Senior Town Planner”,

the words “Chief Town Planner”, shall be substituted.

14. In the principal Act in sub-section (2) of

section 31, for the words “Senior Town Planner”, the

words “Chief Town Planner”, shall be substituted.

15. In the principal Act, for sub-section (5) of

section 33, the following sub-section shall be

substituted, namely:—

“(5) The Notification under this section shall

be deemed and has the same effect as a declaration

under section 19 of the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013.”

16. In principal Act, for section 34A, the following

shall be substituted, namely:—

“34 A. Change of Land use in the Development

Plans: (1) The Government may suo moto or on a

reference from the Planning Authority, make such

modifications to the sanctioned development plan, as

it thinks fit and which in its opinion are necessary. The

Government may also delegate powers to the Planning

Authority for modification of land use for certain

parcels of land as prescribed in the regulations notified

by the Government.

(2) Any modification in the land use zonal

classification Plans shall be made only in accordance

with the regulations notified by the Government.

(3) The Planning Authority shall levy such fees

and charges as may be prescribed in the rule notified

under in sub-section (2).

Amendment of

section 23.

Amendment of

section 29.

Amendment of

section 31.

Amendment of

section 33.

Amendment of

section 34.

1175

PART–II]

LA GAZETTE DE L'ETAT

(4) Any person changed his land use without

following the rules notified under sub-section

(2), penalty shall be imposed as per the rule

notified by the Government time to time.

17. In the principal Act, after section 37, the

following sections shall be inserted, namely:—

“37-A. Levy of premium charges for grant of

premium or purchasable Floor Area Ratio: (1) The

Planning Authority may grant permission for premium

or purchasable Floor Area Ratio in the areas identified

for the purpose in the zonal regulation of the Master

Plan or in the areas prescribed by the Government from

time to time;

(2) Where an application is made for grant of

permission for utilization of premium or purchasable

floor area ratio for the development of a building under

section 37, the Planning Authority may levy premium

charges at such rates, as may be prescribed by the

Government from time to time, for grant of premium or

purchasable Floor Area Ratio.

37-B. Transfer of development rights:

(1) Where any area is required for a public purpose and

the owner of any site or land which comprises such

area, surrenders it free of cost and handed over

possession of the same to the Planning / Local

Authority free from encumbrances, or maintains the

land or restricts development on the land as per the

requirement of the Government, the Planning Authority

may permit the transfer of development rights in

proportion to the land area surrendered or the

restrictions placed on developments in the manner

prescribed;

Ins ertion

of

sections 37-A,

37-B and 37-C.

1176

LA GAZETTE DE L'ETAT

[PART–II

(2) The development rights so permitted

under sub-section (1) may be utilized either on

the remaining portion of the area after the

surrender if feasible, or at any other location

in the Union Territory equivalent in value of

land, subject to such conditions as may be

prescribed, either by the person surrendering

the land or suffering the restriction or any other

person to whom the original allottee of the

development rights has transferred such rights.

37-C. Value Capturing Finance (VCF):The

Planning Authority to raise or meet resources by

tapping a share of increase in value of land and other

properties like buildings resulting from public

investments and policy initiatives, in the identified area

of influence shall implement Value Capture Financing

technique in any form in the manner as prescribed by

the Government from time to time.”

18. In the Principal Act, in sub-section (4) of

section 38, for the words “Senior Town Planner”, the

words “Chief Town Planner”, shall be substituted.

19. In the Principal Act, in sub-section (3) of

section 41, for the words “Senior Town Planner”, the

words “Chief Town Planner”, shall be substituted.

20. In the Principal Act, in sub-section (2) of

section 42, for the words "Senior Town Planner”, the

words “Chief Town Planner”, shall be substituted.

21. In the Principal Act, for the clause (iii) of

sub-section (2) of section 47, the following shall be

substituted, namely:—

“(iii) any matter related to preservations and

conservations of historical, architectural, environmental,

ecological or heritage purpose or other matters which

is to be or as may be prescribed.”

Amendment of

section 38.

Amendment of

section 41.

Amendment of

section 42.

Amendment of

section 47.

1177

PART–II]

LA GAZETTE DE L'ETAT

22. In the Principal Act, in section 54, for the

words “Senior Town Planner”, the words “Chief Town

Planner” shall be substituted.

23. In the Principal Act for the existing sub-section

(2) of section 56, the following shall be substituted,

namely:—

(2) All permit charges payable in respect of any

land or building by any person shall, together with

interest at the rate of six percent per annum upon any

amount outstanding up to the date of realization, be

recoverable from such person or his successor in

interest in such a land or building as on arrears of land

revenue.”

24. In the Principal Act, after the existing

Section 56, the following sections shall be inserted,

namely:—

“56-A. Levy of infrastructure and amenities

charges: (1) The Planning Authority while according

building permit under this Act, shall levy charges on

the institution of use or change of use of land or

building or development of any land or building in the

whole area or any part of the Planning area so as to

meet the impact of development and for ensuring

sustainable development of urban and rural areas by

providing adequate infrastructure and basic amenities

at the rates as determined in accordance with such

procedure as may be prescribed which shall not be less

than minimum and not more than the maximum as may

be prescribed, and different rates may be prescribed for

different parts of the Planning area and for different

uses.

(2) The infrastructure and amenities charges

shall be leviable on any person who undertakes

or carries out any such development or

institutes any use or changes any such use.

Amendment of

Section 54.

Amendment of

Section 56.

Ins ertion

of

sections 56-A,

56-B, 56-C, 56-D

and 56-E.

1178

LA GAZETTE DE L'ETAT

[PART–II

(3) The collection of the infrastructure and

amenities charges shall be made in such manner

as may be prescribed.

56-B. Constitution of State Infrastructure and

Amenities Fund: (1) The Government may constitute a

fund called “Infrastructure and Amenities Fund” to

provide adequate infrastructure and basic amenities so

as to meet the impact on development and for ensuring

sustainable development of urban and rural area.

(2) The infrastructure and amenities charges

levied under section 56-A shall be credited to

this fund.

(3) The fund shall be operated, utilized and

maintained in such manner as may be

prescribed.

56-C. Levy of shelter charges: (l) The Planning

Authority, while according permission under this Act,

shall levy charges on the institution of use or change

of use of land or building or development of any land

or building in the whole area or any part of the planning

area so as to contribute towards cost of providing

affordable housing to the poor in urban areas, at the

rates as determined in accordance with such procedure

as may be prescribed which shall not be less than the

minimum and not more than the maximum as may be

prescribed, and different rates may be prescribed for

different parts of the Planning area and for different

uses.

(2) The shelter charges shall be leviable on

any person who undertakes or carries out any

such development or institutes any use or

changes any such use.

(3) The collection of the shelter charges

shall be made in such manner as may be

prescribed.

1179

PART–II]

LA GAZETTE DE L'ETAT

56-D. Constitution of State Shelter Fund: (1)

The Government may constitute a fund called “Shelter

Fund” to provide for affordable housing to the poor in

urban areas.

(2) The shelter charges levied under section

56C shall be credited to this fund.

(3) The proceeds from other sources as

approved by the Government shall also be

credited to this fund.

(4) The fund shall be operated, utilized and

maintained in such manner as may be

prescribed.

56-E. Collection of any other charges:(1) For

the purpose of conservation or preservation of areas

and structures related to historical and / or heritage and /

or architectural and / or aesthetic and / or cultural

significance, the Planning Authority may collect any

other charges as approved by the Government from time

to time.

(2) The Planning Authority shall operate,

utilize and maintain the fund so collected in

such manner as may be prescribed.”

25. In the principal Act, after Chapter – X, the

following Chapter and sections shall be inserted,

namely:—

“CHAPTER – X-A

TOWN PLANNING SCHEME

56-F. Declaration of intention to make a Town

Planning Scheme: (1) The Planning Authority may, by

notification, for the purpose of development of any area

within its jurisdiction in an orderly holistic manner,

declare its intention to make a Town Planning Scheme

(hereinafter in this Chapter referred to as the Scheme)

for that area:

Ins ertion

of

Chapter – X-A

and sections.

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[PART–II

Provided that the Planning Authority shall

obtain prior approval of the Government before

notification of such declaration:

Provided further that any appropriate

Planning Authority shall send such proposal to

the Government through the Chief Town

Planner,

Town

and

Country

Planning

Department:

Provided also that the Planning Authority

may adopt, with or without any modification,

the Scheme as proposed by any Government

Department, Company or Public Sector

Undertaking or Statutory Body owned or

controlled by the Government or the Central

Government or Co-operative Societies or by

seventy per cent of the land owners in the

Scheme area:

Provided further that where any Scheme is

not made for any specific areas, adjacent to any

Scheme, the owners or the lands of such area,

may make a request to the Planning Authority

to make a Scheme.

(2) A Scheme may be made in accordance

with the provisions of this Act in respect of any

land which is —

(i) in the course of development;

(ii) likely to be used for residential or

commercial or industrial or for

building purposes; or

(iii) already built upon.

Explanation.— For the purpose of this

sub-section, the expression “land likely to be

used for building purposes” shall include any

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land likely to be used as, or for the purpose of

providing open spaces, roads, streets, parks,

pleasure or recreation grounds, parking spaces

or for the purpose of executing any work upon

or under the land incidental to the Scheme,

whether in the nature of a building work or not.

(3) The declaration under sub-section (1)

shall be published by the Planning Authority

in such manner as may be prescribed, by

notification in the Official Gazette and in two

leading daily newspapers in that area of which

one shall be in Tamil / Malayalam / Telugu

(respective region) and such notification shall

contain such particulars as may be prescribed

and specify the time and place where a plan

showing the boundaries of the proposed

Scheme area may be inspected by the public.

56-G. Power of the Government to require

appropriate Planning Authority to make a Scheme:

Notwithstanding anything contained in section 56-F, the

Government may direct the Planning Authority to make

a Scheme for any specific area and submit for their

approval. In such cases, the Planning Authority shall

proceed further for declaration of the intention of the

Scheme under section 56-F and for preparation of the

Scheme as provided in this Chapter.

56-H. Restrictions on Land Development

Work: (1) On or after the date of publication of

declaration of the intention to make a Scheme under

section 56-F, no person shall within the area covered

under the Scheme, carry out any development work

without obtaining permission from the Planning

Authority:

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[PART–II

Provided that on or after the date of

publication of the approved Draft Scheme, the

Planning Authority may, in consultation with

the Designated Officer, grant permission to any

Department of the Government, Public Sector

Undertaking or a Statutory Body owned or

controlled by the Government or the Central

Government to carry out any development

work:

Provided further that any other person may

also apply for permission in the form and in the

manner as may be prescribed, to carry out any

development work after publication of the

approved draft Scheme.

(2) On receipt of an application for

permission to carry out any development work

in the Scheme area, the Planning Authority

shall send a written acknowledgement therefor.

(3) The Planning Authority, after consultation

with the Designated Officer, may grant

permission to carry out the development work

within the Scheme area, having regard to the

purpose for which the permission is required

and the suitability of the place for such

purpose and subject to such conditions as it

may deem fit, or refuse to grant permission

stating the reason therefor:

Provided that any such condition shall be in

accordance with the approved draft Scheme.

(4) If any person contravenes the provisions

of sub-section (1) or any condition imposed

under sub-section (3), the Planning Authority

may direct such person by notice in writing to

stop the work in progress, and after making an

inquiry in the prescribed manner, remove, pull

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down, or alter any building or other development

and restore the land or building in respect of

which such contravention is made, to its

original condition.

(5) The restrictions imposed in this section

shall cease to operate in the event of lapse of

declaration of intention under sub-section (2)

of section 56-N or on the publication of the

preliminary Scheme under sub-section (2) of

section 56-T or on withdrawal of the Scheme

under section 56-Z.

(6) Notwithstanding anything contained in

sub-section (1), after publication of the draft

Scheme under sub-section (1) of section 56-N,

the Planning Authority may carry out any

development work within the Scheme area for

the purposes of the Scheme.

(7) The provisions of this section shall not

apply

to

any

operational

construction

undertaken by the Central Government or the

Government.

Explanation.— “operational construction”

means, any construction whether temporary or

permanent, which is necessary for the

operation, maintenance, development, or

execution of any of the following services,

namely:—

(a) Railways;

(b) National Highways;

(c) National Waterways;

(d) Major Ports;

(e) Airways and Aerodromes;

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(f) Posts,

Telephones,

Wireless,

Broadcasting and other like forms of

communication;

(g) Regional grid for electricity;

(h) Defence;

(i) Metro Rail;

(j) Minor Ports; or

(k) any

other

service

which

the

Government is of the opinion that the

operation, maintenance, development

or execution of such service is

essential to the life of the community,

by notification, declare to be a

service for the purposes of this

clause;

(8) For removal of doubts, it is hereby

declared that,— (i) new residential buildings

(other than gate lodges, quarters for limited

essential operational staff and the like), roads

and drains in railway colonies, hotels, clubs,

institutes and schools, in the case of railways;

and

(ii) a new building, new structure or new

installation or any extension thereof, in the case

of any other service, shall not be deemed to be

an operational construction.

56-I. Appointment of Designated Officer:

(1) Within one month from the date of publication of

declaration of intention under sub-section (1) of section

56-F, the Government shall appoint an Officer not lower

in rank than that of the Senior Town Planner of the Town

and Country Planning Department as the Designated

Officer, for the purposes of the Scheme.

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(2) The Government may, if it thinks fit, at

any

time

remove,

on

the

ground

of

incompetence or misconduct or any other good

and sufficient reason a Designated Officer

appointed under this section and shall

forthwith appoint another person in his place

and any proceeding pending before Designated

Officer immediately before the date of his

removal shall be continued and disposed of by

the newly Designated Officer appointed in his

place:

Provided that no Designated Officer shall be

removed under this sub-section except after an

inquiry in which he has been informed of the

charges against him and a reasonable

opportunity of being heard in respect of those

charges has been given to him.

(3) Subject to the provisions of sub-section

(2), a Designated Officer appointed under

sub-section (1) for the purpose of any Scheme

shall cease to hold office with effect from the

date on which the final Scheme is sanctioned

under section 56-X.

56-J. Duties of the Designated Officer: The

duties of the Designated Officer are,—

(i) to involve with the Planning Authority, in

the examination of objections and suggestions

received on the draft Scheme;

(ii) to prepare the Preliminary Scheme and the

Final Scheme;

(iii) to give notice in the prescribed manner

and in the prescribed form to the persons

affected by the Scheme, define and demarcate

the areas allotted to, or reserved for, any public

purpose, or for a purpose of the Planning

Authority and the final plots;

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[PART–II

(iv) to give notice as aforesaid, determine the

period within which the works provided in the

Scheme shall be completed by the appropriate

Authority;

(v) to provide for the total or partial transfer

of any right in an original plot to a final plot or

provide for the transfer of any right in an

original plot in accordance with the provisions

of section 56-AF;

(vi) to fix the difference between the total of

the values of the original plots and the total of

the values of the plots included in the Scheme

in accordance with the provisions of clause (f)

of sub-section (1) of section 56-AB;

(vii) to determine whether the areas used,

allotted or reserved for a public purpose or

purposes of the appropriate Authority are

beneficial wholly or partly to the owners or

residents within the area of the Scheme;

(viii) to estimate the portion of the sums

payable as compensation on each plot used,

allotted or reserved for a public purpose or for

the purpose of the appropriate Authority which

is beneficial partly to the owners or residents

within the area of the Scheme and partly to the

general public, which shall be included in the

costs of the Scheme;

(ix) to calculate the contribution to be levied

under sub-section (1) of section 56-AD, on each

plot used, allotted or reserved for a public

purpose or for the purpose of the appropriate

Authority which is beneficial partly to the

owners or residents within the area of the

Scheme and partly to the general public;

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(x) to determine the amount of exemption, if

any, from the payment of contribution that may

be granted in respect of plots exclusively

occupied for religious or charitable purposes;

(xi) to estimate the increment to accrue in

respect of each plot included in the Scheme in

accordance with the provisions of section

56-AC;

(xii) to estimate the amount to be collected

from or to be paid to the land owners as per

section 56-V, 56-AD, 56-AE, 56-AJ and 56-AC;

(xiii) to determine the compensation amount

payable to the land owners as per section 56-V,

56-AD and 56-AI;

(xiv) to draw in the prescribed form

the preliminary and the final Scheme in

accordance with the draft Scheme;

(xv) to be present at the proceedings before

the Board of appeal; and

(xvi) for such other matters as may

be prescribed.

Provided that the Designated Officer may

make variation from the draft Scheme, but no

such variation, if it is to involve an increase

often percent in the cost of the draft Scheme

of the Planning Authority, shall be made except

with the previous sanction of the Government.

56-K. Certain decisions of the Designated

Officer to be final: (1) Every decision of the Designated

Officer in matters, other than estimation of costs,

estimation of the amount payable to or by the owners,

determination of the compensation payable to the

owners and transfer of development rights shall be final

and binding on all concerned;

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[PART–II

(2) On the request of the Planning Authority,

the Designated Officer may split up the draft

Scheme in to different sections and to deal with

each section separately as if such section were

a separate draft Scheme.

56-L. Disputed ownership: (1) Where there is

a disputed claim to the ownership of any land or

building included in an area in respect of which the

declaration of intention to prepare a Scheme has been

made, and any entry in the revenue records or mutation

relevant to such disputed claim is inaccurate or

inconclusive, on the request of the Planning Authority

or the Designated Officer, at any time before the Scheme

is made, the Government may cause an inquiry to be

made by such Officer, within such time, as may be

prescribed, for the purpose of including such land or

building in the Scheme area, unless the civil Court or

the Authority, otherwise directs and the Order or

decision of the civil Court or Authority thereon shall

bind the Planning Authority or the Designated Officer.

(2) Where any Decree is passed by the civil

Court, after the Final Scheme has been

approved by the Government under section 56-X,

such Final Scheme shall be deemed to have

been suitably varied to the extent of such

Decree.

56-M. Contents of Draft Scheme: The draft

Scheme may provide for all or any of the following

matters, namely:—

(a) the area, ownership and tenure of such

original plot;

(b) laying out or re-laying out, of land, either

vacant or already built upon, as building sites;

(c) construction, diversion, extension,

alteration, improvement or closure of lanes,

streets, roads and communications;

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(d) construction, alteration, removal or

demolition of buildings, bridges and other

structures;

(e) redistribution of boundaries and

reconstitution of plots belonging to owners of

properties in the Scheme area;

(f) disposal by sale, exchange, lease or

otherwise of land acquired or owned by the

Planning Authority;

(g) transport facilities;

(h) water-supply;

(i) lighting;

(j) drainage, inclusive of sewerage and of

surface drainage and sewage disposal;

(k) allotment or reservation of land for

streets, roads, squares, houses, buildings for

religious or charitable purpose, open spaces,

gardens, recreation grounds, schools, markets,

shops, factories, hospitals, dispensaries, public

buildings and public purposes of all kinds and

defining and demarcating of the reconstituted

plots or the areas allotted to or reserved for the

above-mentioned purposes;

(l) demarcation of places or objects and

buildings of archaeological or historical interest

or natural scenic beauty or used for religious

purposes or regarded by the public with

veneration, or protection of canal, tank or river

sides, coastal areas and other places of natural

or landscape beauty;

(m) imposition of conditions and restrictions

in regard to the character, density, architectural

features and height of buildings, building or

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control lines for roads, railway lines and power

supply lines and the purposes for which

buildings or specified areas may or may not be

appropriated

and

the

provision

and

maintenance of sufficient open spaces, the

discontinuance of objectionable uses of lands

in any area in specified periods, parking spaces,

loading and unloading spaces for any building

and the sizes or locations of projections and

advertisement signs;

(n) filling up or reclamation of low lying,

swampy or unhealthy areas, or leveling up of

land;

(o) layout of new streets or roads,

construction, diversion, extension, alteration,

improvement and closing up of streets and

roads and discontinuance of utility connections,

communication lines, etc.;

(p) allotment of land to the extent of not

more than forty per cent of the total area

covered under the Scheme, in the aggregate, for

any or all of the following purposes, namely:—

(i) for roads;

(ii) for parks, play grounds, gardens and

open spaces;

(iii) for social infrastructure such as

school, dispensary, fire and rescue

service and public utilities;

(iv) for sale by the appropriate Planning

Authority for residential, commercial,

institutional

or

industrial

use,

depending upon the nature of

development;

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(v) reservation of land up to the extent

often per cent of the total area

covered under the Scheme, in the

aggregate, for the purpose of

providing housing accommodation to

the members of economically weaker

section

and

for

persons

dispossessed of their properties in

the Scheme area:

Provided that the proceeds from the sale of

land referred to in sub-clause (iv) shall be used

for the purpose of providing infrastructural

facilities and payment of compensation as per

the Final Scheme;

(q) returning reconstituted plots to the

extent of not less than sixty per cent or for

providing compensation in accordance with the

Final Scheme; and

(r) for such other matters as may be

prescribed.

Explanation.— For the purpose of this

Chapter, ‘reconstituted plot’ means, a plot

which is in any way altered by the making of

the Scheme and includes alteration of

ownership of a plot.

56-N. Making and publication of the Draft

Scheme: (1) Within nine months from the date of

publication of the declaration of the intention to make

a Scheme under section 56-F, the Planning Authority

shall, in consultation with the Designated Officer, make

a draft Scheme for the Scheme area and publish the

same in the Official Gazette, along with the draft

regulations, if any, for carrying out the provisions of

the Scheme, in such manner as may be prescribed:

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[PART–II

Provided that on a request by the Planning

Authority, the Government may, by notification,

extend the aforesaid period, for a further period

of six months.

(2) If publication of a draft Scheme is not

made within the said total period of fifteen

months, the declaration of intention to make a

Scheme shall lapse:

Provided that any such lapse of declaration

shall not prevent the Government from making

a fresh declaration at any time in respect of the

same area.

56-O. Reconstitution of plots: (1) In the draft

Scheme referred to in section 56-N, the size and shape

of every plot shall be determined, so far as may be, to

render it suitable for building purposes and where a plot

is already built upon, suitable alterations shall be made

to the buildings, so as to comply with the provisions

of the Scheme.

(2) For the purposes of sub-section (1), the

draft Scheme may contain the following

proposals, namely:—

(a) to form a final plot by reconstitution

of an original plot, by alteration of

the boundaries of the original plot, if

necessary;

(b) to form a final plot from an original

plot by re-adjusting wholly or partly

of the adjoining lands;

(c) to provide, with the consent of the

owners, that two or more original

plots each of which is held in

ownership severally or in joint

ownership shall hereafter, with or

without alteration of boundaries, be

held in ownership in common as a

final plot;

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(d) to allot a final plot to any owner

dispossessed of land in furtherance

of the Scheme; or

(e) to pass on the ownership of an

original plot from one person to

another.

Explanation.— For the purpose of this

Chapter.—

(i) “final plot” means, a plot reconstituted

from an original plot and allotted in

a Scheme as a final plot;

(ii) “original plot” means, the corresponding

plot held in single or joint ownership

and numbered to be shown as one

single plot by the Planning Authority

for the purposes of the Scheme.

(3) Where under clause (m) of section 56-M,

the purpose to which buildings or specified

areas may not be appropriated have been

specified, the buildings shall cease to be used

for a purpose other than the purposes specified

in the Scheme within such time as may be

specified in the final Scheme and the person

affected by the provision shall be entitled to

compensation from the appropriate Authority in

the manner and according to the method

prescribed.

56-P. Public consultation to the Draft Scheme:

Any person may, within sixty days from the date of

publication of the draft Scheme under section 56-N,

submit his objection or suggestion in writing to the

Planning Authority. The Planning Authority shall

consider such objection or suggestion and may modify

the draft Scheme, in consultation with the Designated

Officer as it deems fit and submit the same not later than

thirty working days to the Government for approval.

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[PART–II

56-Q. Approval of the Draft Scheme by the

Government: (1) The Government may, on receipt of the

draft Scheme under section 56-P after making such

inquiry as they may deem fit and after consulting the

Chief Town Planner or the Planning Authority

concerned, as the case may be, not later than three

months from the date of its receipt,—

(i) either approve the draft Scheme, with or

without modifications and subject to such

conditions as they may deem fit; or

(ii) refuse to approve the draft Scheme; or

(iii) return the draft Scheme to the Planning

Authority to carry out such modifications and

within such period as may be directed,

including a direction to include or exclude any

land in the Draft Scheme. The Planning

Authority, in consultation with the Designated

Officer, shall comply with such directions of the

Government and re-submit the draft Scheme

within one month from the date of receipt of

such directions to the Government for approval.

(2) As soon as on receipt of the modified draft

Scheme from the Planning Authority, the Government

not later than six months may approve the draft Scheme

and the approved draft Scheme shall be published in

the Official Gazette and in two leading daily newspapers

in that area (region), of which one shall be in Tamil /

Malayalam / Telugu (respective region). The

approved draft Scheme shall also be placed in the public

domain for inspection during the office hours in the

Planning Authority and in the office of the Designated

Officer.

56-R. Vesting of the land with the Planning

Authority: On expiry of a period of two months from

the date of publication of the approved draft Scheme

under sub-section (2) of section 56-Q, all lands required

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for the purposes as specified in clauses (g), (h), (i), (j)

and (o) of section 56-M, shall vest with the Planning

Authority free from all encumbrances. The Planning

Authority may take appropriate measures as may be

required including eviction, removal of structures or

buildings in contravention of the Scheme, locking and

sealing and recover the cost incurred therefor, in such

manner as may be prescribed, in the said lands for

enforcement of the said public purposes:

Provided that such vesting of lands with the

appropriate Planning Authority shall not affect

the ownership right of the owners of such

lands.

56-S. Preparation of the Preliminary Scheme:

(1) The Designated Officer shall, after taking into

consideration the objections, if any, received on the

approved draft Scheme within a period of nine months

from the date of its publication, prepare the Preliminary

Scheme as per section 56-J in the prescribed manner and

in the prescribed form, after giving notice to the

owners of the land in the Scheme area.

The Preliminary Scheme shall,–

(a) define and demarcate the areas allotted

to, or reserved for, any public purpose, or for

the purpose of the appropriate Planning

Authority and also demarcate the final plots;

(b) decide the person or persons to whom a

final plot is to be allotted and when such plot

is to be allotted to persons in common

ownership, decide the shares of such persons;

(c) provide for the total or partial transfer of

any right in an original plot to a final plot;

(d) record the rights of secured creditors,

mortgagees, lessees or other persons who claim

to have secured interest in the original plot;

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[PART–II

(e) an estimate of the cost of the Scheme to

be borne by the stakeholders;

(f) specify the period within which the works

provided in the Scheme may be completed by

the Planning / Local / appropriate Authority;

and

(g) for any other prescribed particulars.

(2) The Designated Officer shall submit the

Preliminary Scheme so prepared, through the

Planning Authority and the Chief Town Planner,

to the Government for approval.

56-T. Approval of the Preliminary Scheme by

the Government: (1) On receipt of the Preliminary

Scheme, the Government shall, within two months from

the date of its receipt, either approve or approve with

such modifications as may be considered necessary or

may return the said Scheme to the Designated Officer

to modify the Scheme or to prepare a fresh Scheme, in

accordance with such directions and within such period

as the Government may specify in this behalf.

(2) The Preliminary Scheme, as approved by

the Government shall be published in the

Official Gazette and in two leading daily

newspapers in that area, of which one shall be

in Tamil / Malayalam / Telugu (respective

region) and such notification shall state the

place and time at which the said Scheme shall

be open to inspection by the public.

(3) Such notification shall fix a date, in which

all the liabilities created by the Scheme shall

come into force :

Provided that the Government may from time

to time extend such date, by notification, for

such period, not exceeding three months, as it

thinks fit.

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(4) A notification under sub-section (2) shall

be the conclusive evidence that the Preliminary

Scheme has been duly made and approved.

56-U. Effect of Preliminary Scheme: (1) On and

after the date on which the Preliminary Scheme is

published in the Official Gazette,—

(a) all lands required by the appropriate

Planning Authority shall, unless it is otherwise

determined in such Scheme, vest absolutely

with the appropriate Planning Authority free

from all encumbrances; and

(b) all rights in the original plot which have

been reconstituted into final plots shall be

determined and the final plots shall be subject

to the rights of the original land owners, as

settled by the Designated Officer.

(2) The Planning Authority shall take such

measures as may be required,—

(a) to enforce the Scheme, including

eviction, removal of structures or buildings in

contravention of the Scheme, locking and

sealing and recover the cost incurred therefor,

in such manner as may be prescribed; and

(b) execute any work which it is the duty of

any person to execute under the Scheme in any

case where it appears that the delay in

execution of the work would prejudice the

efficient operation of the Scheme and any

expenses incurred shall be recovered from the

person in default or from the owner of the plot

in such manner as may be prescribed, and

(c) no person shall be entitled to

compensation in respect of any damage, loss

or injury resulting from all action taken by the

Planning Authority under the provision of the

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[PART–II

section except in respect of the building or work

began before the date referred to in sub-section

(3) of section 56-T and only in so far as such

building or work has proceeded until that date:

Provided that any claim to compensation

which is not barred by these sub-section shall

be subject to the condition of any agreement

entered between the claimant and the Planning

Authority;

(d) to carry out mutation in the records of

the Revenue, Survey and Settlement and

Registration Departments as per the allotment

of the final plots including plots reserved for

public purposes, made in the Preliminary

Scheme.

56-V. Preparation of the Final Scheme:

(1) The Designated Officer shall, after publication of

the Preliminary Scheme in the Official Gazette of

Puducheny within a period of nine months therefrom,

prepare the Final Scheme in the manner specified

hereunder:—

(a) estimate the value of the original plots

and fix the difference between the values of the

original plots and the values of the final plots

in the Scheme area, in the manner prescribed;

(b) determine whether the areas allotted or

reserved

for

public

purposes

or

for

development by the Planning Authority are

beneficial wholly or partly to the land owners

or residents in the Scheme area;

(c) estimate in the manner prescribed, the

sums payable as compensation on each plot

used, allotted or reserved for a public purpose

or for the purpose of the Planning Authority,

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which is beneficial partly to the owners or

residents within the Scheme area and partly to

the general public, and the compensation so

payable shall be included in the cost of the

Scheme;

(d) estimate the increment in value, in the

manner prescribed, that may accrue in respect

of each plot included in the Scheme area;

(e) calculate the betterment contribution, in

the manner prescribed, to be levied on each

plot in the Final Scheme, in proportion to the

increment in value estimated to accrue in

respect of such plot:

Provided that no betterment contribution

shall be levied in respect of plots exclusively

allotted for religious or charitable purpose;

(f) estimate in the manner prescribed with

reference to the claims made before him for

compensation to be paid to any land owner for

his right prejudicially affected because of the

Scheme;

(g) record the person to whom the final plot

is allotted in accordance with the Preliminary

Scheme in the form and in the manner as may

be prescribed; (h) do such other acts as may

be prescribed.

(2) As soon as on the preparation of the

Final Scheme, the Designated Officer shall

communicate the details including the quantum

of amount arrived at with respect to clauses (a)

to (f) of sub-section (1) to the persons

concerned and to the Planning Authority

before submission of the Final Scheme to the

Government for approval.

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[PART–II

56-W. Appeal: (1) Any person aggrieved by the

decision of the Designated Officer communicated under

sub-section (2) of section 56-V may, within one month

from the date of its receipt, appeal to the Board, in such

manner, as may be prescribed.

(2) On receipt of an appeal under sub-section

(1), the Board, within a period of two months,

dispose of the appeal after giving the Appellant

an opportunity of being heard.

(3) Any person aggrieved by the decision of

the Board, may within one month from the date

of communication of such decision under

sub-section (2), appeal to the Government in

such form and in such manner as may be

prescribed:

Provided that the Government may entertain

an appeal made beyond the said period, if they

are satisfied that the appellant was prevented

by sufficient cause for not making the appeal

in time.

(4) On receipt of an appeal under sub-section

(3), the Government shall within two months,

after giving the appellant an opportunity of

being heard, pass such order as they think fit.

56-X. Approval of the Final Scheme by the

Government: (1) On receipt of the Final Scheme from

the Designated Officer, the Government shall, within

two months from the date of its receipt either approve

or approve with such modifications as may be

considered necessary. The Designated Officer shall

thereafter modify the Scheme, if so directed by the

Government and submit it to the Government for

approval.

Explanation.—

For

the

purpose

of

calculating the time-limit of two months, the

period during which appeals, if any, were

pending before the Board and the Government

shall be excluded.

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(2) The Final Scheme, as approved shall be

published in the Official Gazette and in two

leading daily newspapers in that area, of which

one shall be in Tamil / Malayalam / Telugu

(respective region) and such notification shall

state the place and time at which the Scheme

shall be open to inspection by the public.

(3) A notification under sub-section (2) shall

be conclusive evidence that the Final Scheme

has been duly made and approved.

56-Y. Variation of Scheme: (1) After publication

of the Final Scheme, if the Planning Authority, either

suo motu or on application by a owner of any land in

the, Scheme area, considers that the Scheme is defective

on account of any error, irregularity or infirmity, it may

request the Government for appropriate variation of the

Scheme:

Provided that any request for further

variation of the Scheme shall not be

entertained by the Government.

(2) On receipt of such request from the

Planning Authority, the Government may, if

satisfied, vary the Scheme by publishing the

variation in the Official Gazette and in two

leading daily newspapers in that area, of which

one shall be in Tamil / Malayalam / Telugu

(respective region):

Provided that the use of land allotted for the

purposes of parks, playgrounds, gardens and

open spaces shall not be changed for any other

purpose.

(3) Notwithstanding anything contained in

sub-sections (1) and (2), a Final Scheme may

be varied or revoked by a subsequent Scheme

prepared and approved in accordance with

this Act.

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LA GAZETTE DE L'ETAT

[PART–II

56-Z.

Withdrawal

of

the

Scheme:

Notwithstanding anything contained in this Chapter, the

Government may by order, for reasons to be recorded,

withdraw any Scheme:

Provided that no such withdrawal shall be

ordered after approval of the Preliminary

Scheme:

Provided further that on such withdrawal of

the Scheme, the lands shall be restored to the

original condition, as it stood on the date of

publication of declaration of the intention

under section 56-F, at the cost of the

Government.

56-AA. Costs of the Scheme: (1) The costs of

the Scheme shall include—

(a) all sums payable by the Planning

Authority under the provisions of this Act,

which are not specifically excluded from the

costs of the Scheme;

(b) all sums spent or estimated to be spent

by the Planning Authority in the making and

execution of the Scheme:

Provided that the estimates shall be with

reference to the period during which the

preliminary Scheme is to be implemented after

it is sanctioned under section 56-T;

(c) all sums payable as compensation for

land reserved or designated for any public

purpose or for the purposes of the appropriate

Authority which is solely beneficial to the

owners of land or residents within the area of

the Scheme;

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LA GAZETTE DE L'ETAT

(d) such portion of the sums payable as

compensation for land reserved or designated

for any public purpose or for the purpose of

the Planning Authority which is beneficial

partly to the owners of land or residents within

the area of the Scheme and partly to the general

public, as is attributable to the benefit accruing

to the owners of land or residents within the

area of the Scheme from such reservation or

designation;

(e) all legal expenses incurred by the

Planning Authority in the making and in the

execution of the Scheme;

(f) any amount by which the total amount of

the values of the original plots exceeds the total

amount of the values of the plots included in

the final Scheme, each of such plots being

estimated at its market value at the date of the

declaration of intention to make a Scheme, with

all the buildings and works thereon at the said

date and without reference to improvements

contemplated in the Scheme other than

improvements due to alteration of its

boundaries;

(g) twenty percent of the amount of the cost

of infrastructure provided in the area adjacent

to the area of the Scheme as is necessary for

the purpose of and incidental to the Scheme.

(2) If in any case the total amount of the

values of the plots included in the final Scheme

exceeds the total amount of the values of the

original plots, each of such plots being

estimated in the manner as provided in clause (f)

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LA GAZETTE DE L'ETAT

[PART–II

of sub-section (1), then the amount of such

excess shall be deducted in arriving at the costs

of the Scheme as defined in sub-section (1).

56-AB. Calculation of increment: For the

purpose of this Act, the increments shall be deemed to

be the amount by which at the date of the declaration

of intention to make a Scheme the market value of the

plot included in the final Scheme estimated on the

assumption that the Scheme has been completed shall

exceed at the same date the market value of the same

plot estimated without reference to improvements

contemplated in the Scheme:

Provided that in estimating such value, the

value of the buildings or other works erected

or in the course of erection on such plot shall

not be taken into consideration.

56-AC. Contribution towards cost of the

Scheme: (1) The costs of the Scheme shall be met wholly

or in part by a contribution to be levied by the

appropriate Authority on each plot included in the final

Scheme calculated in proportion to the increment which

is estimated to accrue in respect of such plot by the

Designated Officer :

Provided that—

(i) (a) where the cost of the Scheme

does not exceed half the increment,

the cost shall be met wholly by a

contribution, and

(b) where it exceeds half the

increment, to the extent of half the

increment it shall be met by a

contribution and the excess shall be

borne by the appropriate Authority;

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LA GAZETTE DE L'ETAT

(ii) where a plot is subject to a mortgage

with possession or to a lease, the

Designated Officer shall determine in

what proportion the mortgagee or

lessee on the one hand and the

mortgagor or lessor on the other

hand shall pay such contribution;

(iii) no such contribution shall be levied

on a plot used, allotted or reserved

for a public purpose or for the

purpose of the appropriate Authority

which is solely beneficial to the

owners of land or residents within the

area of the Scheme; and

(iv) the contribution levied on a plot

used, allotted or reserved for a public

purpose or for the purpose of the

appropriate Authority which is

beneficial partly to the owners of land

or residents within the area of the

Scheme and partly to the general

public

shall

be

calculated

in

proportion to the benefit estimated to

accrue to the general public from

such use, allotment or reservation.

(2) The owner of each plot included in the

final Scheme shall be primarily liable for the

payment of the contribution leviable in respect

of such plot.

56-AD. Certain amounts to be added to, or

deducted from contribution leviable from a person:

The amount by which the total value of the plots

included in the final Scheme with all the buildings and

works thereon allotted to a person falls short of or

exceeds the total value of the original plots with all the

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LA GAZETTE DE L'ETAT

[PART–II

buildings and works thereon of such person shall be

deducted from, or, as the case may be, added to, the

contribution leviable from such person, each of such

plots being estimated at its market value at the date of

the declaration of intention to make a Scheme or the

date of the notification issued by the Government under

section 56-G and without reference to improvements

contemplated in the Scheme other than improvements

due to the alteration of its boundaries.

56-AE. Transfer of right from the original to

final plot or extinction of such right: Any right in an

original plot which in the opinion of the Designated

Officer is capable of being transferred wholly or in part,

without prejudice to the making of a Scheme, to a final

plot shall be so transferred and any right in an original

plot which in the opinion of the Designated Officer is

not capable of being so transferred shall be

extinguished:

Provided that an agricultural lease shall not

be transferred from an original plot to a final

plot without the consent of all the parties to

such lease.

56-AF. Compensation in respect of property or

right injuriously affected by the Scheme: The owner

of any property or right which is injuriously affected

by the making of a Scheme shall, if he makes a claim

before the Designated Officer within the prescribed

time, be entitled to be compensated in respect thereof

by the appropriate Authority or by any person

benefitted or partly by the appropriate Authority and

partly by such person as the Designated Officer may in

each case determine :

Provided that the value of such property or

rights shall be deemed to be its market value at

the date of the declaration of intention to make

a Scheme or the date of the notification issued

by the Government under section 56-G without

reference to improvements contemplated in the

Scheme, as the case may be.

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LA GAZETTE DE L'ETAT

56-AG. Exclusion of compensation in certain

cases: (1) No compensation shall be payable in respect

of any property or private right which is alleged to be

injuriously affected by reason of any provisions

contained in the Scheme, if under any other law for the

time being in force applicable to the area for which such

Scheme is made, no compensation is payable for such

injurious by attached.

(2) Any property or private right shall not

be deemed to be injuriously affected by reason

of any provision inserted in a Scheme which

imposes any conditions and restrictions in

regard to any of the matters specified in clause

(m) of section 56-M.

56-AH. Provision for cases in which the

amount payable to owners exceeds amount due from

him: If the owner of an original plot is not provided

with a plot in the preliminary Scheme or if the

contribution to be levied from him under section 56-AD

is less than the total amount to be deducted therefrom

under any of the provisions of this Act, the net amount

of his loss shall be payable to him by the appropriate

Authority in cash or in such other manner as may be

agreed upon by the parties.

56-AL Provision for cases in which the amount

is payable by the owner: (1) If from any cause the total

amount which shall be due to the appropriate Authority

under the provisions of this Act from the owner of a

plot to be included in the final Scheme exceeds the value

of such plot estimated on the assumption that the

Scheme has been completed, the Designated Officer

shall at the request of the appropriate Authority direct

the owner of such plot to make payment to the

appropriate Authority of the amount of such excess.

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LA GAZETTE DE L'ETAT

[PART–II

(2) If such owner fails to make such payment

within the prescribed period, the Designated

Officer shall, if the appropriate Authority so

requests, acquire the original plot of such

defaulter and apportion the compensation

among the owner and other persons interested

in the plot on payment by the appropriate

Authority of the value of such plot estimated

at its market value at the date of the declaration

of intention to make a Scheme or the date

of a notification under section 56-G and

without reference to improvements contemplated

in the Scheme; and thereupon the plot included

in the final Scheme shall vest absolutely with

the appropriate Authority free from all

encumbrances but subject to the provisions of

this Act:

Provided that the payment made by the

appropriate Authority on account or the value

of the original plot shall not be included in the

costs of the Scheme.

56-AJ. Payment by adjustment of account:

All payments due to be made to any person by the

appropriate Authority under this Act shall, as far as

possible, be made by adjustment in such account with

the appropriate Authority in respect of the plot

concerned or of any other plot in which he has an

interest and failing such adjustment, shall be paid in

cash or in such other manner as may be agreed upon

by the parties.

56-AK. Payment of net amount due to the

Planning Authority: (1) The net amount payable under

the provisions of this Act by the owner of a plot

included in the final Scheme may at the option of the

contributor be paid in lump-sum or in annual

installments not exceeding ten.

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LA GAZETTE DE L'ETAT

(2) If the owner elects to pay the amount by

installments, interest at such rate as is arrived

at by adding two percent to the bank rate

published under section 49 of the Reserve

Bank of India Act, 1934, from time to time, shall

be charged per annum on the net amount

payable.

(3) If the owner of a plot fails to exercise the

option on or before the date specified in a

notice issued to him in that behalf by the

appropriate Authority, he shall be deemed to

have

exercised

the

option

of

paying

contribution in installments and the interest on

the contribution shall be calculated from the

date specified in the notice, being the date

before which he was required to exercise the

option.

(4) Where two or more plots included in the

final Scheme are of the same ownership the net

amount payable by such owner under the

provisions of this Act shall be distributed over

his several plots in proportion to the

increments which is estimated to accrue in

respect of each plot unless the owner and the

appropriate Authority agree to a different

method of distribution.

56-AL. Power of the Planning Authority to

make agreement: (1) The appropriate Authority shall

be of competent to make any agreement with any person

in respect of any matter which is to be provided for in

a Scheme, subject to the power of the Government to

modify or disallow such agreement and unless, it is

otherwise expressly provided therein, such agreement

shall take effect on and after the day on which the

Scheme comes into force.

Central

Act No.

Z of

1934.

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LA GAZETTE DE L'ETAT

[PART–II

(2) Such agreement shall not in any way

affect the duties of the Designated Officer as

described in Section 56-J or the rights of third

parties but, it shall be binding on the parties

to the agreement notwithstanding any decision

that may be passed by the Designated Officer:

Provided that if the agreement is modified by

the Government, either party shall have the

option of avoiding it, if it so elects.

56-AM. Recovery of arrears: (1) Any sum due

to the Planning Authority under this Act or any rule or

regulation made thereunder, shall be the first charge on

the final plot on which it is due, subject to payment of

land revenue, if any, due to the Government thereon.

(2) Any sum due to the Planning Authority

under this Act or any rules or regulations made

thereunder, which is not paid on demand, shall

be recovered as an arrear of land revenue.

56-AN. Execution of works in the Scheme

area: The appropriate Authority shall complete all the

works in the Scheme area within the period stipulated

in the Final Scheme :

Provided that the Government may, on a

request from the appropriate Authority, grant

further period of time not exceeding twice the

stipulated period for completion of the works.

56-AO. Cessation of application of the Local

Body Act: (1) The Government may direct that any

power or function exercisable by a Local Authority

under a Local Body Act within a Scheme area shall

stand transferred to, and be performed by, the Planning

Authority under the said Act for such period and for

such purposes as may be notified, in relation to such

Scheme.

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Explanation.— For the purpose of this

Section,—

(a) “Local Authority” means,-

(i) any

Municipality

constituted

under the Puducherry Municipalities

Act, 1973 (No. 9 of 1973);

(ii) any commune Panchayat constituted

under the Puducheny Village and

Commune Panchayats Act, 1973

(No. 10 of 1973);

(2) After expiry of the period notified under

sub-section (1), all assets and facilities such as

public street, drinking water and sewerage

system, street light and such other facilities

created by the Planning Authority or the

Designated Officer in the Scheme area shall

stand vested with the Local Authority”.

26. In the principal Act, in section 61, “(1) In

sub-sections (1) and (2), for the words “Senior Town

Planner”, the words “Chief Town Planner”, shall be

substituted; (2) In sub-section (2), for the words

“Development Plan”, the words “Master Plan”, shall be

substituted;

27. In the principal Act, in section 79, for the

words “Senior Town Planner”, the words “Chief Town

Planner”, shall be substituted.

28. In the principal Act, in sub-section (2) of

section 81,

“(1) In clause (e), for the “Senior Town

Planner”, the words “Chief Town Planner” shall be

substituted;

Amendment of

Section 61.

Amendment of

Section 79.

Amendment and

ins ertion

of

Clause in section

81.

1212

LA GAZETTE DE L'ETAT

[PART–II

(2) The existing clause (h) shall be substituted

with the following, namely:—

“the form and contents of the development

plan and the Scheme and procedure to be

followed in connection with the preparation,

submission and approval of such plans and the

form and the manner of publication of the

notices relating to such plans”;

(3) After the clause (i), the following clauses

shall be inserted, namely:—

(ia) the duties of the Designated Officer and

the manner of reconstitution of plots, allotment

of final plots, incorporation of the legal rights

settled in the final Scheme in the Land Registers

of the Revenue Department;

(ib) estimated cost of the scheme, financial

account for the Scheme such as, escrow

account, for the preparation, approval and

effective implementation of the Scheme;

(ic) the specification of particulars of works

or improvements relating to streets or roads

provided for in any development plan that have

to be made or carried out at the expense of the

Planning Authority, the owners of the property,

local body and other authorities;

(id) the procedure to be adopted by the

Planning Authority or any other Authority or

person, in cases where owners commit default

or delay in the carrying out of works or

improvements, for carrying out such works or

improvements and for recovering the cost from

the owners liable therefor;

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LA GAZETTE DE L'ETAT

(ie) the procedure to be adopted for securing

cooperation on the part of the Planning

Authorities with the owners or persons

interested in property proposed to be comprised

in any development plan by such means as may

be expedient, the summoning, presiding and

procedure of such conferences and all such

matters.”

29. In the principal Act, after the section 81, the

following section shall be inserted, namely :–

“81 A. Notification: All the Notifications

issued under this Act shall, unless they are expressed

to come into force on a particular day, come into force

on the day on which they are published.”

30 . (1) In the Principal Act, in section 82, the

section shall be numbered as sub-section (1);

(2) After the sub-section (1) the following

sub-section shall be inserted, namely:—

“(2) The Government may, by notification,

rescind any regulation made under this section and

there upon, the regulation shall cease to have effect.”

————

online publication at “https://styandptg.py.gov.in”

Published by the Director, Government Press, Puducherry.

Ins ertion

of

section 81 A.

Amendment of

Section 82.