Tamil Nadu Government Gazette Extraordinary No. 211
The Government of Tamil Nadu, Law Department, published Tamil Nadu Government Gazette Extraordinary No. 211 on 17 August 2009, containing Act No. 30 of 2009, Act No. 31 of 2009, Act No. 32 of 2009, Act No. 33 of 2009 and Act No. 34 of 2009. For property matters, these Acts establish metropolitan planning committees, expand a lease violation provision for Hindu religious and charitable endowment property, and authorise a duty on property transfers in municipal areas. Each relevant Act comes into force only on a date appointed by the State Government through notification.
What the Gazette contains
Tamil Nadu Government Gazette Extraordinary No. 211 was published by the Government of Tamil Nadu, Law Department, on 17 August 2009. The issue publishes five Acts after they received the Governor's assent on 12 August 2009:
- Act No. 30 of 2009, the Tamil Nadu Metropolitan Planning Committee Act, 2009.
- Act No. 31 of 2009, the Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 2009.
- Act No. 32 of 2009, the Tamil Nadu Duty on Transfers of Property (in Municipal Areas) Act, 2009.
- Act No. 33 of 2009, the Tamil Nadu Motor Vehicles Taxation (Amendment) Act.
- Act No. 34 of 2009, the Tamil Nadu Motor Vehicles Taxation (Second Amendment) Act.
Metropolitan planning
The Tamil Nadu Metropolitan Planning Committee Act, 2009 applies across Tamil Nadu and provides for a Metropolitan Planning Committee in every notified Metropolitan area. A Metropolitan area is an area with a population of ten lakhs or more, comprising specified municipalities, panchayats or other contiguous areas.
Key provisions include:
- The committee prepares a draft development plan for the Metropolitan area as a whole.
- At least two-thirds of its members must be elected from elected municipal members and panchayat presidents in the area.
- Planning must consider local body plans, coordinated spatial planning, infrastructure, water and natural resources, environmental conservation, government priorities and likely investments.
- The recommended development plan is forwarded to the State Government.
- A notified authority, including a Metropolitan Development Authority, may assist the committee and act as its office.
Property owners and buyers may be affected indirectly when metropolitan development plans guide coordinated development and infrastructure planning.
Religious endowment leases
The Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 2009 expands an existing provision concerning lease termination. It adds violation of any condition in a lease agreement alongside non-payment of lease rent. A person leasing property governed by the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 should therefore check and comply with every lease condition.
Duty on municipal property transfers
The Tamil Nadu Duty on Transfers of Property (in Municipal Areas) Act, 2009 authorises a duty on instruments relating to immovable property within municipal areas. The duty takes the form of a surcharge on stamp duty and is charged at a rate fixed by the State Government, subject to a maximum of five per cent.
The Act covers listed Municipal Corporations, other Municipal Corporations constituted by law, and municipal councils. Buyers and other parties executing property transfer instruments within these areas may be liable once the Act is brought into force and the applicable rate is fixed.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does the Gazette itself bring the property transfer duty into force on 17 August 2009?
No. The Tamil Nadu Duty on Transfers of Property (in Municipal Areas) Act, 2009 states that it comes into force on a date appointed by the State Government through notification.
What is the maximum municipal property transfer duty allowed by the Act?
The State Government may fix the rate, but it cannot exceed five per cent on the amount specified for the relevant instrument.
Can breach of a lease condition affect a lease of Hindu religious or charitable endowment property?
Yes. Act No. 31 of 2009 adds violation of any condition imposed in the lease agreement to the existing provision that referred to non-payment of lease rent.
Will every area in Tamil Nadu have a Metropolitan Planning Committee?
The Tamil Nadu Metropolitan Planning Committee Act, 2009 requires one in every Metropolitan area. The State Government must specify such an area by notification, and the area must meet the population and composition stated in the Act.
