Official guidance, Tamil Nadu land law
Clarification on Infrastructure and Amenities Charges
The Housing and Urban Development Department, through Letter No. 6188/UD4(3)/2017-8 dated 13 June 2017, clarified how the amendment made by G.O. (Ms.) No. 85, Housing and Urban Development Department, dated 16 May 2017, affects Infrastructure and Amenities Charges under the Tamil Nadu Town and Country Planning Rules, 2008. The Office of the Commissioner of Town and Country Planning communicated the clarification through Roc. No. 9278/2007/BA1 dated 30 June 2017, directing its field offices and constituent local bodies to continue the prevailing charges fixed under G.O. (Ms.) No. 86 dated 28 March 2012 for the present, while applying revised interest to delayed payments.
What the clarification does
The Housing and Urban Development Department issued Letter No. 6188/UD4(3)/2017-8 dated 13 June 2017 to the Commissioner of Town and Country Planning and the Member Secretary of the Chennai Metropolitan Development Authority. The Office of the Commissioner of Town and Country Planning circulated it through Roc. No. 9278/2007/BA1 dated 30 June 2017 for compliance and further action.
The clarification concerns Infrastructure and Amenities Charges under the Tamil Nadu Town and Country Planning (Levy of Infrastructure and Amenities Charges) Rules, 2008, issued under the Tamil Nadu Town and Country Planning Act, 1971.
Charges to be collected
G.O. (Ms.) No. 86, Housing and Urban Development Department, dated 28 March 2012, had increased Infrastructure and Amenities Charge rates by 50 per cent in Town and Country Planning areas and the Chennai Metropolitan Area.
G.O. (Ms.) No. 85, Housing and Urban Development Department, dated 16 May 2017, later amended the 2008 Rules. The clarification states that:
- The amendment sets minimum and maximum charge ranges for different building categories or areas.
- The prevailing rates under G.O. (Ms.) No. 86 fall within those ranges.
- Those prevailing rates must continue to be collected for the present.
- This applies to letters of demand issued from the date when the orders were notified in the Tamil Nadu Government Gazette.
- Revised interest applies to delayed payment of Infrastructure and Amenities Charges.
The source does not provide the individual charge amounts or the revised interest rate.
Who is affected
The Housing and Urban Development Department clarification is relevant to persons or developments receiving demands for Infrastructure and Amenities Charges in Town and Country Planning areas or the Chennai Metropolitan Area. It is also operational guidance for the Commissioner of Town and Country Planning, the Chennai Metropolitan Development Authority, departmental field offices and constituent local bodies.
Administrative action required
Roc. No. 9278/2007/BA1 dated 30 June 2017 asks all subordinate and field offices of the Commissioner of Town and Country Planning to follow the Government clarification. Field offices must also communicate the Government letter to every constituent local body within their jurisdiction for compliance.
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
Did the May 2017 amendment immediately replace the prevailing Infrastructure and Amenities Charge rates?
No. Letter No. 6188/UD4(3)/2017-8 dated 13 June 2017 says the prevailing rates under G.O. (Ms.) No. 86 dated 28 March 2012 must continue to be collected for the present.
Does revised interest apply if Infrastructure and Amenities Charges are paid late?
Yes. The clarification requires the prevailing charge to be collected along with the revised rate of interest for delayed payment. The source does not state the revised interest rate.
Does the clarification apply in the Chennai Metropolitan Area?
Yes. The Government letter was addressed to both the Commissioner of Town and Country Planning and the Member Secretary of the Chennai Metropolitan Development Authority, and it discusses charges in Town and Country Planning areas and the Chennai Metropolitan Area.
From when does the clarified collection method apply to demand letters?
It applies to letters of demand issued from the date the orders were notified in the Tamil Nadu Government Gazette. The source does not give that Gazette notification date.
