Agriculture, Amenities, Area of Bad Lay-out or Obsolete Development,Building Line, Building Operations, Commerce, Commercial Use, Court,Development, Development Plan, Engineering Operations, Industry,Industrial Use, Land Use Map, Land Use Register, Planning Area, PlanningAuthority, Senior Town Planner, Slum Area, Town and Country Planning Department

(Act No. 13 of 1970)
20th May, 1970.
to provide for planning the development and use of rural and urban
land in the Union territory of Pondicherrg and for purposcs
connected therewith.
Be it enacted by the Legislative Assembly of Pondiche~.ry in the
Twentieth Year of the Republic of Indin as fol1o~vs:-
Short title, extent and commencement.

  1. (I) This Act may be called the Pondicherry Town and Cou~~try
    Pla~uning Act, 1969.
    (2) Et extends to the whole of the Union territory of Poildicherry.
    (3) It shall come illto force on such lidate as the Government may,
    by notification in the Official Gazette, appoint.]
  2. In this Act, unless there is anything repug~rant in the subject or
    (1) .’agriculture” includes horticulture, farming, growing ofcrops,
    fruits, vegetables, flowers, grass, fodder, trees or any kind of cultivation
    of soil; breeding and keeping of livestock including cattle, horses,
    donkeys, mules, pigs, fish, poultry and bees; the use of land which is
  3. The Act came into force on the 15th day of September 1971, vide Notiftcation-I in Extraordinary Gazette No. 99 dated 14th Septemker 1971.
    ancillary to the forming of land or any bther agricultural purposes, but
    shall not include the use of any land attached to a building for t11c
    purposes of a garden to be used albng with such buildings, and
    “agricultural” shall be construed accordihgly ;
    (2) “amenities” include roads an4 streets, open spaces, parks,
    recreational grounds, play grounds, ‘ water and electric supply,
    street lighting, swerage, drainage, public works and other utilities,
    services and convenience;
    (3) “area of bad lay-out or obsolete devclupmeiit” means an arcn
    consisting of land which is badly laid out or of obsolcte developntent,
    together with other land contiguous or a nt thereto which is defineti
    by a development plan as an area bad lay-out or obsoletc
    (4) -‘Board” means Pondichcrry 11 and Country 1’l;iturirlg
    Board constituted under this Act;
    (5) “bt~ilding” includes-
    (a) a house, out-housc, stable, latrine, sodown, shed, hut, wail
    (other than a boundary wall not exceeding 2.5 metres in height) arid
    any other structure whether of inasondy, hicks, mud, ~nctal or ally
    other material whatsoever;
    (b) a structure on wheels or sirnply rcbting on ihe g~ound ~vitl~o~rt .
    foundations; and
    (c) a ship, vessel, boat, tent, vaii Or any other structure usod fur
    human habitation or used for keeping ar storing ally articlc or ~oods; ,
    (6) “building line” means the line kvhicil is in the lear ot’ tl;e
    street alignment or boundary and to which the plinth of a building
    adjoining on a street or an extension of a street or on a future street !nay
    ment plan or in the building rules;
    (7) “building operations” include-
    (a) erection or re-erection of a building or any pa4 of it;
    (b) roofing or re-roofing of any part of building o open space; I
    (c) any material alteration or enlargement of any b ilding;
    (d) any material change in the use of a building including the
    use of its one or more parts used for humsn habitatio into a greater
    numbcr of such parts;
    1 I
    (e) any such alteration of a building as is like11 to effect an
    alteration of its drainage or sanitary arrangements or m terially affects
    its security: I I
    (f) the cons suction of a door opening on any str4et or land not
    belonging to the owner; I
    (8) 6-commerce” means carrying on any industry, tride, business or
    profession. sale or exchange of goods of any type w atsoever, and
    includes the running of, with a view to make profit, ho 6 pitals, nursing
    homes, infirmaries, educational institutions, and also ibcludes hotels,
    restaurants, boarding houses n9t attached to any educatic@l institution,
    choultrics: and .’com~~~ercial” shall be construed accordinkly;
    (9) “coinmerciaI use” includes the use of any land
    part thereof for purposes of commerce as defined or
  • rootls, or as an oficc, nhether attached to industry or o
    (10) “Court” means a principal civil court of origihal jurisdiction
    ant1 includes any other court empowered by the ~ove:nnpt to perform
    tile filnctions of the Court under this Act within the pecupiary and local
    linlits of it? jurisdiction ; 1
    (1 1) ‘cdevelopment” with its gratnnlatical variat ons, means the
    carrying out of building, engineering, mining or other o rations in, on,
    over or under the land or the making of any materi 1 change in any
    building or land or in the use of any building or land an includes subdivision of land; /
    413 i
    (12) “Development Plan” means an interim development plan
    or comprehensive development plan or detailed development plan
    prepared under this Act;

(13) “Engineerin:: ~~erations” include the formation or laying out
of means of access to a road or the laying out the means of water
supply, drainage, swerage or of electricity cabIes and lines or of
telephone lines;
(14) ‘cGovernment” means the Administrator appointed by the
President under article 239 of the Constitution;
(15) “industry” includes the carrying out of any lnanufacturing
process as defined in the Factories Act, 1948 (Cent 1-31 Act 63 of 1948);
l and “industrial” shall be construed accordingly:
(16) “industrial use” includes the use of any land or buildins or
part thereof for purposes of an industry as defined;
(17) “land” includes benefits to arise out of land and things
attached to the earth or permanently fastened to anything attached to
the earth;
(18) “hnd Use Map” is a map that contains the existing use of
every piece of land in the planning area and the existing use of every
building therein;
(19) “Land Use Register” is a register which contains a set o
Land and Building Use Map to record and maintain the Land and
Building Use Surveys conducted from time to time;
(20) “Local authority” means a municipal council or other
authority legally entitled to or entrusted by the Government with the
control or management of a municipal or local fund or which is
I permitted by the Government to exercise the poners of a local authority,
and a Local authority, is a “Local authority concerned” if any land
within its local limits falls in the area of a plan prepared or to be
prepared under this Act;
(21) “local Newspaper” means any newspaper published or
circulated within the local planning area;
(22) “Non-conforming Use” is a use of land which does not
conform to the zone use as prescribe> in the Development plan;
. (23) “occupier” includes-
(a) a tenant;
(b) an owner in occupatio~i of, or otherwise using his Isnd;
(c) a rent free tenant of any land;
(d) a licensee in occupation of any land; and \
(e) any person who is liable to pay to the owner damages ?or
the use and occupation of any land;
(24) “owner” includes a mortgagee in possession, a person who
for the time being is receiving or is entitled to receive, or has received,
the rent or premium for any land whether on his own account or on
account of, or on behalf of or for the benefit of other person or as
an agent, trustee, guardian, or receiver for any other person or for
any religious or charitable institution, or who would SG receive the rent
or premium or be entitled to receive the lent or premium if the land
were let to a tenant; and includes the Head of a
Government Department, General Manager of a Railway, the
Secretary or other principal officer of a Local authority, statutory
authority or Company in respect of properties under their respective
control ;
I (25) “planning area” means any area declared to be a local
planning area under section 8 of this Act;
(26) “Planning Authority” means any local Planning authority
constituted under this Act;
: 1
(27) apretcribed” means prescribed by rules or regulations made, , I I
under this Act;
(28) “private street” means any stteet, road, square, court, alley,
passage or riding path which is not a publk street, but does not include
a pathway made by the owner or premises’ on his own .land to secure
the access to or the convenient use of SUCH premises;
(29) “public place” means any place or building which is
open to the use and enjoyment of the pablic whether it is actually –
used or enjoyed by the public or not, and whether the entry
is regulated by any charge or not;
(30) “public street” means any : street, road, square, court,
alley, passage or riding path over which the public have a right
of .fay, whether a thoroughfare or ]lot and includes- 1
(a) the roadway over any bridge or causeway; and I
(b) the footway attached to any such street, public bridge
or causeway;
(31) “Regulation” means a reguIation made under this Act
by the Government and includes zoning and other regulations
rllade as a part of a Development Plan;
(32) “relocation of population” means, in relation to an
area of bad lay-out or obsolete development or a slum area,
making available in that area or elsewhere, of accommodation
for residential purposes or for carrying on business or other
activities toget& with amenities to living or carrying on
business or other activities in the said area who have to be
so accommodated;
(33) “residence” includes the ust for human habitation
of any land or building or part thereof including gardens,
grounds, garages, stables and out-houses, if any, appertaining to such building; and “Residential” shall be construed
(34) a’rules” meani a rule made unoer this Act by the Government by notification in the Official Gaze