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GOVERNMENT OF PUDUCHERRY
TOWN AND COUNTRY PLANNING DEPARTMENT
புதுச்சேரி அரசு
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THE PONDICHERRY TOWN AND COUNTRY PLANNING ACT, 1969

to provide for planning the development and use of rural and urban land in the Union Territory of Pondicherry and for purposes connected therewith. BE it enacted by the Legislative Assembly of Pondicherry in the Twentieth Year of the Republic of India as follows:-

CHAPTER – I

PRELIMINARY

1. Short title extent and commencement.  (1) This Act may be called the Puducherry Town and Country Planning Act, 1969.

(2) It extends to the whole of the Union territory of Puducherry.

(3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.

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CHAPTER – II

PONDICHERRY TOWN AND COUNTRY PLANNING BOARD

2. Pondicherry Town and Country Planning Board.  (1) As soon as may be, after the commencement of this Act, the government shall by notification in the Official Gazette, constitute for the purpose of carrying out the functions assigned to it under this Act, a Board to be called the Pondicherry Town and Country Planning Board.

(2) The Minister-in-charge of Town and Country Planning and the Secretary to the Government-in-charge of the subject shall be the Chairman and Vice-Chairman of the Board.

(3) The Board shall consist of give officers, including the Senior Town Planner and three non-officials to represent the communes to be nominated by the Government.

(4) The Senior Town Planner, an ex-officio Member, shall be Secretary to the Board.

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CHAPTER – III

PLANNING AREAS, SENIOR TOWN PLANNER AND PLANNING AUTHORITIES

3. Declaration of Planning areas, their amalgamation, sub-division and inclusion of any area with planning area.  (1) The Government may, by notification, declare any area in the Union Territory to be a planning area for the purpose of this Act, and on such declaration this Act shall apply to such area.

(2) Every such notification shall define the limits of the area to which it relates.

(3) The Government may, after consultation with the Board and the Planning authority concerned, amalgamate two or more planning areas into one planning area, sub-divide a planning area into different planning areas and include such divided areas in any other planning area.

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CHAPTER – IV

PREPARATION OF LAND USE MAP AND REGISTER

4. Preparation of existing Land and Building Use Map and Register.  As soon as may be, after its constitution, every Planning authority shall, not later than six months after its constitution or within such further period not exceeding six months as the Government may allow, prepare a Present Land Use Map (hereinafter called the Map) and Present Land Use Register (hereinafter called the Register) in the form to be prescribed, indicating the present use of every piece of land in the planning area and the present use of every building therein.

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CHAPTER – V

DEVELOPMENT PLANS

5. Interim Development Plans. (1) As soon as may be after the declaration of a planning area, the Planning Authority shall, not later than one year after such declaration or within such further period as the Government may, from time to time extend but such extension being not exceeding two years, prepare and submit to the Board and the Government, an Interim Development Plan for the Planning area or any of its parts.

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CHAPTER – VI

DETAILED DEVELOPMENT PLANS

6. Declaration of intention to make or adopt a Detailed Development Plan.  A Planning Authority may, by resolution, decide –

(i) to prepare a Development Plan to be called Detailed Development Plan in respect of any land within the Planning Area;

(ii) to adopt with or without modification even a Detailed Development Plan proposed by Co-operative Societies or any of the owners of any such land.

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CHAPTER – VII

PROCEDURE FOR APPROVAL AND PREPARATION OF DEVELOPMENT PLANS

30. Consent of the Government to the publication of notice of preparation of Development Plans: .  (1) As soon as may be after the Development Plan has been submitted to the Board and the Government, but not later than the time prescribed by the rules, the Government may direct the Planning Authority to make such modifications in the development plan as the Government thinks fit and there upon the Planning Authority shall make those modifications.

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CHAPTER – VIII

CONTROL OF DEVELOPMENT AND USE OF LAND

36.    Use and Development of land to be in conformity with Development Plan After the coming into operation of any development in any area, no person shall use or permit to be used any land carry out any development in that area otherwise than in conformity with such development plan:

 

          Provided that the Government may allow the continuance for a period not exceeding ten years of the use, upon such terms and conditions as may be prescribed by the regulations made in this behalf, of any land for the purpose and to the extent for and to which it is being used on the date on which such development plan come into operation.

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CHAPTER – IX

ACQUISITION AND DISPOSAL OF LAND

48. Acquisition of land for purposes of development plans to be  deemed for a public purpose:Land needed for purposes of development plan whether contemplated, notified or sanctioned shall be deemed to be land needed for a public purpose within the meaning of the land Acquisition Act, 1894(Central Act 1 of 1894) .

49. Acquisition of land for Development Plan: The Planning Authority may, at any time, and for the purposes of a development plan acquire any land with the sanction of the Government.

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CHAPTER – X

LEVY, ASSESSMENT AND RECOVERY OF DEVELOPMENT CHARGE

53. Levy of Development charge.- (1) Where permission for a change in the use or development of any land or building is granted under Chapter-VIII of this Act in the whole or any part of the planning area, and such change or development is capable of yielding a better income to the owner, the Planning Authority may levy a charge (hereinafter called the Development charge) not exceeding one-third of the estimated increase in the value of the land or building in the prescribed manner for permitting such change in use or development.

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CHAPTER – XI

FINANCE, ACCOUNTS AND AUDIT

57.  Funds of Planning Authority:- (1) The Planning Authority shall have and maintain its own fund to which shall be credited, --

a)    all moneys received by the Planning Authority from the Government by way of grants, loans, advances, or otherwise;

b)    all Development Charge or other charges or fees received by the Planning Authority under this Act or rules or regulations there under;

c)     all moneys received by the Planning Authority from any other source.

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CHAPTER – XII

SUPPLEMENTAL AND MISCELLANEOUS PROVISIONS

61.  Power of entry:-(1) The Senior Town Planner or any person authorized by the board or any Planning Authority in this behalf may enter into or upon any land or building with or without assistants or workmen for the purpose of-

a)    making any enquiry, inspection, measurement of survey or taking levels of such land or building;

b)    setting out boundaries and intended lines of work;

c)     marking such levels, boundaries and lines by placing marks and cutting trenches;

d)    examining works under construction and ascertaining the course of sewers and drains;

e)    digging or boring into the sub-soil;

f)      ascertaining whether any land is being or has been developed in contravention of any provision of this Act or rules or regulations there under;

g)    doing any other acts necessary for the efficient administration of this Act;

Provided that-

         (i) in the case of any building used as a dwelling house or upon any enclosed part or garden attached to such a building, no such entry shall be made (unless with the consent of the occupier thereof) without giving such occupier at least twenty-four hours notice in writing of the intention to enter;

          (ii) sufficient opportunity shall, in every instance, be given to enable women, if any, to withdraw from such land or building

          (iii) due regard shall always be had so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious feelings of the occupants of the land or building entered.

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Date Last Modified: 15-Mar-2011
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