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No. 10410 Amflºƒˆ \VWÈ ∂´E>µ
La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
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No. Puducherry Thursday 22nd February 2024
(3 Phalguna 1945)
GOVERNMENT OF PUDUCHERRY
LEGISLATIVE ASSEMBLY SECRETARIAT
No. XV-PLA-4/LAS/REF/R.1/2023.
Puducherry, the 22nd February 2024.
In pursuance of rule 140 of Rules of Procedure and Conduct of Business
of the Puducherry Legislature Assembly, 1966, the following Bills viz.,
(i) The Appropriation Bill, 2024 (Bill No. 1 of 2024);
(ii) The Appropriation (Vote on Account) Bill, 2024 (Bill No. 2 of 2024);
(iii) The Puducherry Micro, Small and Medium Enterprises (Exemption from Approvals to Commence Business) Bill, 2024 (Bill No. 3 of 2024); and
(iv) The Puducherry Town and Country Planning (Amendment)
Bill, 2024 (Bill No. 4 of 2024).
were introduced and passed in the Legislative Assembly on 22nd February, 2024, are hereby published for general information.
J. DAYALANE, Secretary.
[ 35 ] 36 LA GAZETTE DE L'ETAT [PART–II
THE APPROPRIATION BILL, 2024
(Bill No. 1 of 2024)
A
BILL
to authorise payment and appropriation of certain
further sums from and out of the Consolidated
Fund of the Union territory of Puducherry
for the services in respect of the period
from 1-4-2023 to 31-3-2024.
BE it enacted by the Legislative Assembly of
Puducherry in the Seventy-fifth Year of the Republic
of India as follows :—
Short title.
1. This Act may be called the Appropriation
Act, 2024.
2. From and out of the Consolidated Fund
of the Union territory of Puducherry, there may
be paid and applied further sums not exceeding
those specified in column (5) of the Schedule,
amounting in the aggregate to the sum of
One thousand thirteen crore, twenty-six lakh and
forty-three thousand rupees, towards defraying
S u p p l e m e n t a r y appropriation of ` 1013,26,43,000 from and out of the Consolidated F u n d o f t h e Union territory o f P u d u c h e r r y for the period f r o m 1 - 4 - 2 0 2 3 t o 3 1 - 3 - 2 0 2 4 .
the several charges which will come in the course
of payment during the period from 1- 4 - 2023 to
31-3-2024 in respect of the services specified in
column (2) of the Schedule.
Appropriation.
3. The sums authorised to be paid and applied
from and out of the Consolidated Fund of the
Union territory of Puducherry by this Act, shall be
appropriated for the services and purposes expressed
in the Schedule in relation to the said period.
37
PART–II] LA GAZETTE DE L'ETAT
THE SCHEDULE ( See sections 2 and 3)
Sums not exceeding
No.
of Services and purposes Voted by the Charged on the Total Vote
Legislative Consolidated Assembly Fund
(1) (2)
(3) (4) (5)
` ` `
1. Adi Dravidar Revenue .. 14,72,31,000 .. 14,72,31,000
Welfare Capital .. 3,000 .. 3,000
3. Agriculture and Revenue .. 4,80,04,000 1,04,00,000 5,84,04,000
Forest Capital .. 49,29,000 6,75,99,000 7,25,28,000
4. Animal Husbandry Revenue .. 1,68,97,000 1,33,64,000 3,02,61,000
Capital .. 6,59,000 .. 6,59,000
5. Art and Culture Revenue .. 3,84,45,000 .. 3,84,45,000
Capital .. 54,99,000 .. 54,99,000
7. Civil Supplies Revenue .. 22,06,28,000 .. 22,06,28,000
8. Council of Ministers Revenue .. 4,67,58,000 .. 4,67,58,000
Capital .. 1,08,95,000 .. 1,08,95,000 38 LA GAZETTE DE L'ETAT [PART–II
(1) (2)
(3) (4) (5)
` ` `
12. Electricity Revenue .. 333,07,16,000 4,22,000 333,11,38,000
13. Finance Revenue .. 21,16,00,000 .. 21,16,00,000
Capital .. 10,91,000 .. 10,91,000
14. Fisheries Revenue .. 1,65,93,000 .. 1,65,93,000
Capital .. 19,11,10,000 .. 19,11,10,000
15. General Administration Capital .. 1,24,48,000 .. 1,24,48,000
16. Health Revenue .. 6,000 16,76,000 16,82,000
Capital .. 3,000 .. 3,000
17. Home Revenue .. 19,44,38,000 .. 19,44,38,000
Capital .. 2,77,17,000 .. 2,77,17,000
18. Information and Publicity Revenue .. 1,27,73,000 .. 1,27,73,000
Capital .. 3,00,000 .. 3,00,000
20. Industries Revenue .. 63,09,000 .. 63,09,000
Capital .. 4,49,000 .. 4,49,000 22. Law and Justice Capital .. 72,79,000 .. 72,79,000
23. Legislative Assembly Capital .. 72,60,000 .. 72,60,000 Payments 39
PART–II] LA GAZETTE DE L'ETAT
(1) (2)
(3) (4) (5)
` ` `
27. Public Works Revenue .. 34,12,78,000 .. 34,12,78,000
28. Revenue and District Revenue .. 4,000 .. 4,000
Administration Capital .. 65,10,000 .. 65,10,000
29. Rural Development Revenue .. 55,95,15,000 .. 55,95,15,000
32. State Taxation Revenue .. 1,05,61,000 .. 1,05,61,000
Capital .. 63,01,000 .. 63,01,000
33. Stationery and Printing Capital .. 15,000 .. 15,000
34. Tourism Capital .. 12,00,000 16,82,00,000 16,94,00,000
35. Town and Country Revenue .. 7,93,12,000 1,13,10,000 9,06,22,000
Planning Capital .. 8,00,000 .. 8,00,000
38. Women and Child Revenue .. 23,14,28,000 53,11,000 23,67,39,000
Development Capital .. 40,30,000 .. 40,30,000 Total .. 948,06,59,000 65,19,84,0001013,26,43,000
————
40 LA GAZETTE DE L'ETAT [PART–II
STATEMENT OF OBJECTS AND REASONS
This Bill is introduced in pursuance of sub-section (2) of
section 30 read with sub-section (1) of section 29 of the Government
of Union Territories Act, 1963 (No. 20 of 1963), to provide for
the appropriation out of the Consolidated Fund of Union territory
of Puducherry of the moneys required to meet the Supplementary
Expenditure charged on the Consolidated Fund and the grants voted
by the Legislative Assembly, Puducherry, for the expenditure of this
Union Territory for the period from 1-4-2023 to 31-3-2024.
Puducherry, N. RANGASAMY,
22 nd February, 2024. Chief Minister.
————
ADMINISTRATOR'S RECOMMENDATION UNDER
SUB-SECTIONS (1) AND (3) OF SECTION 23 OF THE
GOVERNMENT OF UNION TERRITORIES ACT, 1963
[Copy of the Le t t e r N o . G. 2 4 0 11 / 2 / 2 023- 24/ F 1 ( B ) , d a t e d 21st February, 2024 from Thiru N. Rangasamy, Hon'ble Chief Minister
to the Hon'ble Speaker, Legislative Assembly, Puducherry.]
The Lieutenant-Governor of Puducherry having been informed
of the subject matter of the proposed Appropriation Bill, 2024,
authorising payment and appropriation of certain further sums
from and out of the Consolidated Fund of the Union territory
of Puducherry, for the services in respect of the period
from 1 s t A p r i l , 2 0 23 t o 3 1 s t M a r c h , 2 0 24 r e c o m m e n d s
under sub-sections (1) and (3) of section 23 of the Government
of Union Territories Act, 1963, the introduction in and consideration
by the Legislative Assembly of the said Bill.
————
41
PART–II] LA GAZETTE DE L'ETAT
THE APPROPRIATION (VOTE ON ACCOUNT)
BILL, 2024
(Bill No. 2 of 2024)
A
BILL
to authorise payment and appropriation of certain
sums from and out of the Consolidated
Fund of the Union territory of Puducherry
for the services in respect of the months
of April, May, June, July and August 2024.
BE it enacted by the Legislative Assembly of
Puducherry in the Seventy-fifth Year of the Republic
of India as follows :—
Short title.
1. This Act may be called the Appropriation
(Vote on Account) Act, 2024.
2. From and out of the Consolidated Fund
of the Union territory of Puducherry, there may
be paid and applied sums not exceeding those
specified in column (5) of the Schedule, amounting
in the aggregate to the sum of Five thousand one
hundred and eighty-seven crore rupees, towards
"Vote on Account" for defraying the several charges
Vote on Account for ` 5187,00,00,000 o u t o f t h e C o n s o l i d a t e d F u n d o f t h e Union territory o f P u d u c h e r r y for the months of April, May, June, July and August 2024.
which will come in course of payment during the
months of April, May, June, July and August
2024 in respect of the services specified in
column (2) of the Schedule.
Appropriation.
3. The sums authorised to be paid and applied
from and out of the Consolidated Fund of the
Union territory of Puducherry by this Act, shall be
appropriated for the services and purposes expressed
in the Schedule in relation to the said period.
42 LA GAZETTE DE L'ETAT [PART–II
THE SCHEDULE
( See sections 2 and 3)
Sums not exceeding
No.
of Services and purposes Voted by the Charged on the Total
Vote
Legislative Consolidated
Assembly Fund
(1) (2)
(3) (4) (5)
` ` `
1. Adi Dravidar Welfare Revenue .. 82,43,61,000 .. 82,43,61,000
Capital .. 23,73,000 .. 23,73,000
2. Administrator Revenue .. 4,000 2,67,96,000 2,68,00,000
Capital .. .. 20,41,000 20,41,000
3. Agriculture and Forest Revenue .. 71,58,51,000 1,000 71,58,52,000
Capital .. 79,21,000 .. 79,21,000
4. Animal Husbandry Revenue .. 29,02,32,000 .. 29,02,32,000
Capital .. 1,57,53,000 .. 1,57,53,000
5. Art and Culture Revenue .. 10,29,07,000 .. 10,29,07,000
Capital .. 33,06,000 .. 33,06,000
6. Chief Secretariat Revenue .. 1,09,20,000 .. 1,09,20,000
Capital .. 1,25,000 .. 1,25,000
7. Civil Supplies Revenue .. 123,84,79,000 .. 123,84,79,000 43
PART–II] LA GAZETTE DE L'ETAT
(1) (2)
(3) (4) (5)
` ` `
12. Electricity Revenue ..1102,38,37,000 18,84,000 1102,57,21,000
Capital .. 16,28,18,000 .. 16,28,18,000
13. Finance Revenue .. 721,06,10,000 .. 721,06,10,000
Capital .. 58,27,000 .. 58,27,000
14. Fisheries Revenue .. 45,89,59,000 .. 45,89,59,000
Capital .. 12,81,42,000 .. 12,81,42,000
15. General Administration Revenue .. 19,74,39,000 .. 19,74,39,000
Capital .. 90,72,000 .. 90,72,000
16. Health Revenue .. 396,88,94,000 11,15,000 397,00,09,000
Capital .. 21,23,98,000 2,000 21,24,00,000
17. Home Revenue .. 195,47,21,000 4,000 195,47,25,000
Capital .. 5,06,91,000 1,000 5,06,92,000
18. Information and Publicity Revenue .. 4,69,91,000 .. 4,69,91,000
Capital .. 16,67,000 .. 16,67,000
19. Information Technology Revenue .. 7,05,82,000 .. 7,05,82,000
20. Industries Revenue .. 21,50,89,000 .. 21,50,89,000
Capital .. 4,40,000 .. 4,40,000
21. Labour and Employment Revenue .. 21,09,01,000 8,33,000 21,17,34,000
Capital .. 55,41,000 .. 55,41,000
22. Law and Justice Revenue .. 20,23,92,000 .. 20,23,92,000
Capital .. 67,79,000 .. 67,79,000 44 LA GAZETTE DE L'ETAT [PART–II
(1) (2)
(3) (4) (5)
` ` `
27. Public Works Revenue .. 186,48,69,000 9,64,000 186,58,33,000
Capital .. 107,73,02,000 1,99,59,000 109,72,61,000
28. Revenue and District Revenue .. 31,86,55,000 2,92,000 31,89,47,000
Administration Capital .. 21,24,000 .. 21,24,000
29. Rural Development Revenue .. 56,93,37,000 .. 56,93,37,000
Capital .. 1,77,000 .. 1,77,000
30. Science and Technology Revenue .. 1,96,10,000 .. 1,96,10,000
Capital .. 54,000 .. 54,000
31. Social Welfare Revenue .. 54,61,16,000 .. 54,61,16,000
Capital .. 12,92,000 .. 12,92,000
32. State Taxation Revenue .. 18,67,43,000 .. 18,67,43,000
Capital .. 17,92,000 .. 17,92,000
33. Stationery and Printing Revenue .. 14,00,08,000 .. 14,00,08,000
Capital .. 12,85,000 .. 12,85,000
34. Tourism Revenue .. 7,06,95,000 .. 7,06,95,000
Capital .. 4,99,000 20,83,000 25,82,000
35. Town and Country Revenue .. 26,46,31,000 .. 26,46,31,000
Planning Capital .. 7,08,000 .. 7,08,000
36. Transport Revenue .. 17,99,84,000 .. 17,99,84,000
Capital .. 3,000 .. 3,000 38. Women and Child Revenue .. 302,47,44,000 30,63,000 302,78,07,000
Development Capital .. 19,08,000 .. 19,08,000 45
PART–II] LA GAZETTE DE L'ETAT
STATEMENT OF OBJECTS AND REASONS
As required in section 31 of the Government of Union Territories Act, 1963 "Vote on Account" is obtained for part of Demands for Grants. This Bill is introduced in pursuance of sub-section (1) of section 29 of the Government of Union Territories Act, 1963 (No. 20 of 1963), to provide for the appropriation out of the Consolidated Fund of the Union territory of Puducherry of the moneys required to meet the expenditure charged on the Consolidated Fund and the grants made by the Legislative Assembly, Puducherry, for the expenditure of this Union Territory for the months of April, May, June, July and August 2024.
Puducherry, N. RANGASAMY, 22nd February, 2024. Chief Minister.
————
ADMINISTRATOR'S RECOMMENDATION UNDER SUB-SECTIONS (1) AND (3) OF SECTION 23 OF THE GOVERNMENT OF UNION TERRITORIES ACT, 1963
[Copy of the Letter No. G.24011 / 2 / 2023-24 / F1(B), dated 21 st February, 2024 from Thiru N. Rangasamy, Hon'ble Chief Minister to the Hon'ble Speaker, Legislative Assembly, Puducherry.]
The Lieutenant-Governor of Puducherry having been informed of the subject matter of the proposed Appropriation (Vote on Account) Bill, 2024, authorising payment and appropriation of certain sums from and out of the Consolidated Fund of the Union territory of Puducherry, for the services in respect of the months of April, May, June, July and August 2024 recommends under sub-sections (1) and (3) of section 23 of the Government of Union Territories Act, 1963, the introduction in and consideration by the Legislative Assembly of the said Bill.
46 LA GAZETTE DE L'ETAT [PART–II
THE PUDUCHERRY MICRO, SMALL AND MEDIUM
ENTERPRISES (EXEMPTION FROM APPROVALS
TO COMMENCE BUSINESS) BILL, 2024
(Bill No. 3 of 2024)
A
BILL
t o p r o v i d e f o r e x e m p t i o n f r o m a p p r o v a l s a n d inspections for commencement of business by the
micro, small and medium enterprises in the Union
territory of Puducherry and matters connected
therewith or incidental thereto.
BE it enacted by the Legislative Assembly of Puducherry in the Seventy-fifth Year of the Republic of India as follows:—
Short title, extent and Commencement.
(1) This Act may be called "The Puducherry Micro, Small and Medium Enterprises (Exemption from Approvals to Commence Business) Act, 2024".
(2) It shall extend to the whole of the Union
territory of Puducherry.
(3) It shall come into force at once.
Definitions
(2) In this Act, unless the context otherwise requires,–
(a) "Acknowledgment Certificate" mean, the
acknowledgment certificate issued under section 5;
(b) "Approval" means, any permission, no objection, clearance, approval, registration, licence, etc., required under any other Law prevailing in
connection with the establishment or operation of an enterprise in the Union territory of Puducherry;
(c) "Competent Authority" mean, Head of any Department or Agency of the Government or Local Authority, Statutory Body, Government owned Corporation, Municipality, Commune Panchayat, 47
PART–II] LA GAZETTE DE L'ETAT
Planning Authorities, or Any other Authority or Agency constituted or established by or under any other Law prevailing or under the administrative control of the Government of Puducherry which is entrusted with the powers or responsibilities to grant or issue approval for establishment or operation of an enterprise in the Union Territory;
(d) "Puducherry Industrial Guidance Bureau (PIGB)" mean, the Puducherry Industrial Guidance Bureau as notified by the Government;
(e) "Enterprise" means, a Micro, Small or Medium
Enterprise;
(f) "Government" means, the Administrator appointed by the President under Article 239 of the Constitution;
(g) "Micro, Small or Medium Enterprise" mean, the Micro, Small or Medium Enterprises, as defined in the M i c r o , S m a l l a n d M e d i u m E n t e r p r i s e s Development Act, 2006;
(h) "Nodal Agency" mean, the Nodal Agency
referred to in section 3;
(i) "Prescribed" means, prescribed by the rules
made under this Act;
(j) "UT" means, the Union territory of
Puducherry;
(k) "Undertaking" means, a letter to be taken from enterprise in the prescribed format that the enterprise shall ensure appropriate labour welfare measures, adequate fire safety and environmental measures as required by the Law.
Nodal Agency
(3) Subject to superintendence, direction and control of the Government, the Puducherry Industrial Guidance Bureau (PIGB) shall be the Nodal Agency for the purposes of this Act.
48 LA GAZETTE DE L'ETAT [PART–II
(4) (1) Subject to the superintendence, direction
and control of the Government, the powers and functions
Powers and functions of Nodal Agency.
of the Nodal Agency shall be as follows:–
(a) To assist and facilitate establishment of
enterprises in the Union Territory; and
(b) To maintain the records of declaration of
intent received and Acknowledgment Certificate issued
under this Act.
(2) The Government may assign such other powers
and functions to the Nodal Agency as it may deem
fit for giving effect to the provisions of this Act.
(5) (1) Any person who intends to start an
Filing of Declaration.
enterprise may furnish to the Nodal Agency a declaration
of intent to start an enterprise in such form and in
such manner as may be prescribed.
Explanation : Any person who has applied to
the Competent Authority to obtain all or any of the
approvals as referred to in clause (b) of section 2
before the commencement of this Act may also opt
to furnish declaration of intent to start an enterprise
under this sub-section.
(2) On receipt of a declaration of intent, the
Nodal Agency shall, forthwith, issue an Acknowledgment
Certificate, in the prescribed Form to the person who
furnished the declaration under sub-section (1).
(6) (1) An Acknowledgment Certificate issued under
section 5 shall for all purposes, have effect as if, it is
Effect of the Acknowledgment Certificate.
an approval as referred to in clause (b) of section 2,
for a period of three years from the date of its issuance
and before the expiry of the said period of three
years, the enterprise shall have to obtain required
approval as referred to in clause (b) of section 2.
49
PART–II] LA GAZETTE DE L'ETAT
Provided that the enterprise shall apply for necessary permission under the respective laws within a period of three years from the date of issuance of Acknowledgment Certificate;
Provided further, that such Acknowledgment Certificate shall not entitle a person to use a land in deviation to the land use specified in the master plan wherever such plan is in force.
(2) During the period of three years as specified in sub-section (1), no Competent Authority shall undertake any inspection for the purpose of or in connection with, any approval as defined in clause (b) of section 2: Provided that the Competent Authority shall be empowered to undertake an inspection during the said period of three years in cases where, the enterprise has applied for necessary permission under the respective laws within a period of three years from the date of issuance of Acknowledgment Certificate.
Exemption
(7) Where, the Government or any authority under it, is empowered to exempt any enterprises from any approval or inspection or any provisions relating thereto under any Central Act, the Government or, as the case may be, any such authority shall, subject to the provisions of such Central Act, exercise such powers to grant such exemption to an enterprise established in the Union territory of Puducherry for at least a period of three years from the date of issue of the Acknowledgment Certificate issued under sub-section (2) of section 5.
Protection of action taken in good faith.
(8) No suit, prosecution or other legal proceedings shall lie against the Government or Nodal Agency or Competent Authority or any employee of the Government, Nodal Agency or Competent Authority in respect of anything which is done or intended to be done in good faith under this Act or any rules made thereunder.
50 LA GAZETTE DE L'ETAT [PART–II
Act to over ride other laws.
(9) (1) The provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any other law, for the time being in force.
(2) In particular and without prejudice to the generality of the foregoing provisions of this Act, such provisions shall have effect notwithstanding anything inconsistent therewith contained in the following enactments and the provisions of these enactments shall be read as amended in conformity with the provisions of this Act, namely:–
(i) The Puducherry Town and Country Planning
Act, 1969.
(ii) Puducherry Building Bye-Laws and Zoning
Regulations, 2012.
(iii) Pondicherry Ground Water (Control and
Regulation) Act, 2002.
(iv) The Puducherry Municipalities Act, 1973.
(v) The Puducherry Village and Commune
Panchayats Act, 1973.
Savings
(10) Subject to the provisions of section 7, nothing in this Act shall be construed as exempting any enterprise from the application of the provisions of any law for the time being in force, or any regulatory measures and standards prescribed thereunder, except to the extent expressly provided in this Act.
Powers to make rules.
(11) (1) The Government may, after previous publication by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) Every rule made or notification issued under this Act, shall as soon as may be after it is made be laid before the Legislative Assembly, Puducherry, while it is in session for a total period of fourteen days, 51
PART–II] LA GAZETTE DE L'ETAT
which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid, or the session immediately following, the Legislative Assembly makes any modification in the rule or notification or decide
that any rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or
notification.
(3) Any rescission or modification so made by the Legislative Assembly of Puducherry shall be published in the Official Gazette, and shall thereupon take effect.
(12) (1) If, any difficulty arises, in giving effect
Powers to remove difficulties.
to the provisions of this Act, the Government may, by order published in the Official Gazette make such provisions not inconsistent with the provisions of this Act, as may appear to it be necessary or expedient for removing the difficulty.
Provided that no such order under this section
shall be made after the expiry of a period of two years from the date of commencement of this Act.
(2) Every order made under sub-section (1) of this section shall, as soon as it is made, be placed on the Table of Legislative Assembly, Puducherry.
————
52 LA GAZETTE DE L'ETAT [PART–II
STATEMENT OF OBJECTS AND REASONS
Sustained business reforms over the past several years have helped,
India jump 79 places to move to 63rd position in the Global Ease of
Doing Business (EoDB) rankings in 2022. It earned a place in among the
World's Top Ten improvers for the third consecutive year, India was
ranked at 142 in 2014.
2. The World Bank has observed that "..... the persistent efforts
made to drive the business reforms agenda, not only at the Central Level
but also at the State Level, helped India make significant improvements".
3. In addition to the Business Reform Action Plan (BRAP) released
every year by DPIIT since 2015 to be implemented towards achieving
Ease of Doing Business (EoDB), Reducing Compliance burden is an another
initiative by the DPIIT to reduce the compliance burden by doing away
with redundant Acts, Rules and the procedures insisted by those Acts
and Rules in further achieving the goal of Ease of Doing Business.
4. The Bill is intended to exempt Micro, Small and Medium Enterprises
in obtaining the Departmental Licences/Approvals/Clearances for the first
three years of operation.
5. The Bill also ensures that a Letter of Intent (LoI) is submitted by
the entrepreneur who intends to do business before commencing the unit
and obtain an acknowledgment from the Industrial Guidance Bureau (IGB).
Also it is ensured that the necessary Approvals/Licences/Clearances are
obtained by the end of 3 years of production by the industrial unit.
6. The Bill is intended to ease the pressure on the MSMEs in
obtaining Licences/Approvals prior to establishment and give enough
breathing time to ensure all the necessary conditions required for obtaining
the Licences/Approvals/NOCs.
7. The Bill is intended to attract more investments in the employment
intensive MSME sector and create more employment to the unemployed
youth and thereby address the unemployment issue of this Union Territory.
53
PART–II] LA GAZETTE DE L'ETAT
8. For the above purpose, it is proposed to introduce a Bill titled as
"The Puducherry Micro, Small and Medium Enterprises (Exemption from
Approvals to Commence Business) Bill, 2024.
9. The Bill seeks to achieve the above object.
A. NAMASSIVAYAM,
Minister for Industries and Commerce.
————
FINANCIAL MEMORANDUM
The proposed "The Puducherry Micro, Small and Medium Enterprises
(Exemption from Approvals to Commence Business) Bill, 2024" providing
for exemption from approvals and inspections for commencement of business
by the Micro, Small and Medium enterprises in the Union territory of
Puducherry does not have any financial implication.
————
MEMORANDUM REGARDING DELEGATED LEGISLATION
1. Clause 3 of the Bill seeks to empower the Government, to notify
Nodal Agency subject to superintendence, direction and control of
the Government.
2. Sub-clause (1) of Clause 4 of the Bill seeks to empower the Government,
to notify the powers and functions of the Nodal Agency.
3. Sub-clause (2) of Clause 4 of the Bill seeks to empower the Government
to notify such other powers and functions to the Nodal Agency as
it may deem fit for giving effects to the provisions of the Act.
4. Sub-clause (1) of Clause 5 of the Bill seeks to empower the Government,
to mandate filling of declaration.
54 LA GAZETTE DE L'ETAT [PART–II
5. Sub-clause (2) of Clause 5 of the Bill seeks to empower the Government
to issue Acknowledgment Certificate in the prescribed Form through
the Nodal Agency to the person who furnished the declaration of
intent.
6. Clause (6) of the Bill seeks to empower the Government, to notify
the effect of the Acknowledgment Certificate as if, it is an approval
for a period of three years from the date of issue and before the
expiry of three years.
7. Clause (7) of the Bill seeks to empower the Government, to exempt
any enterprises from any approval of inspection established in the
Union territory of Puducherry for at least a period of three years
from the date of issue of Acknowledgment Certificate.
8. Sub-clause (1) of Clause 11 of the Bill seeks to empower the Government
to make rules by notification in the Official Gazette for the implementation
of the provisions of this Act.
9. Clause 12 of the Bill seeks to empower the Government to remove
any difficulties from any of the provisions of this Act.
10. The matters in respect of which notifications or orders may be
issued or rules may be made, are matters of procedure and are of
routine and administrative in nature. Further, the rules are subject to
the scrutiny of the Legislative Assembly. The delegation of Legislative
power is, therefore, of a normal character.
11. The powers delegated are normal and not of an exceptional
character.
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55
PART–II] LA GAZETTE DE L'ETAT
THE PUDUCHERRY TOWN AND COUNTRY
PLANNING (AMENDMENT) BILL, 2024
(Bill No. 4 of 2024)
A
BILL
further to amend the Puducherry Town and Country
Planning Act, 1969 (Act No. 13 of 1970).
BE it enacted by the Legislative Assembly of
Puducherry in the Seventy-fifth year of the Republic
of India as follows :—
1. (1) This Act may be called the Puducherry
Town and Country Planning (Amendment) Act, 2024.
Short title extent and commencement.
(2) It shall extend to the whole of the Union
territory of Puducherry.
(3) It shall come into force on and from the
date of its notification in the Official Gazette.
2. In section 46-A of Puducherry Town and Country
Amendment of Section 46-A.
Planning Act, 1969,–
(i) In clause (a) of sub-section (1), for the
existing words "Regulation" and "regulate", the words
"Regularisation" and "regularise", shall be substituted,
respectively;
(ii) In clause (b) of sub-section (3), the words,
numbers and figures, "and after 31-12-2021" shall be
deleted.
————
56 LA GAZETTE DE L'ETAT [PART–II
STATEMENT OF OBJECTS AND REASONS
The Planning Authorities who are empowered to control the physical developments are finding it difficult to control disproportionately high number of unauthorized constructions in the Union territory of Puducherry. The unauthorized constructions which already have come up over the years, cannot possibly be demolished and any wholesome demolition would not only amount to wastage of National wealth but, may also create law and order problems.
2. Keeping in view the above, suitable amendment has already been made in the Principal Act (i.e.,) Town and Country Planning Act, 1969 by inserting section 46-A vide "Puducherry Town and Country Planning (Amendment) Act, 2022 (Act No. 6 of 2022) to regularize and penalize the buildings constructed unauthorizedly or in deviation to and deviated to the sanctioned plans.
3. However, the cut-off ceiling date prescribed while proposing the date of regularization of unauthorized buildings, in clause (b) of sub-section (3) of section 46-A, viz., "The buildings constructed and completed before April, 1987 and after 31-12-2021 are not eligible for regularization, under the Scheme" is not in an acceptable and verifiable manner. Therefore, in order to remove the difficulties in implementing the Building regularisation Scheme and so as to cover all buildings constructed unauthorizedly or in deviation of sanctioned plans till the date of notification of the Scheme, to benefit the general public at large, the cut-off ceiling date stipulated under section 46-A of the Puducherry Town and Country Planning Act, 1969 (Act No. 13 of 1970) is proposed to be deleted.
4. Similarly, in clause (a) of sub-section (1) of section 46-A of Act No. 13 of 1970, the existing words "Regulation" and "regulate", the words "Regularization" and "regularize", respectively, are proposed to be substituted as being done in other States, since there seems to be misapprehension between the word "regulation" and "regularization".
5. The Bill seeks to achieve the above objects.
N. RANGASAMY,
Chief Minister.
57
PART–II] LA GAZETTE DE L'ETAT
FINANCIAL MEMORANDUM
The proposed Bill being an amendment to the existing Puducherry
Town and Country Planning Act, 1969 (No. 13 of 1970) by removing the
cut-off ceiling date to implement the regularization of constructed buildings
unauthorizedly or the deviation of sanctioned plans, no financial implication
from the exchequer of Government of Puducherry, is involved. But, there
will be revenue generation due to levy of Regularization charges by way
of penalizing for the buildings constructed unauthorizedly or in deviation
to the sanctioned plans, as one time measure.
2. Thus, no additional expenditure is expected to be incurred from
the exchequer of the Government of Puducherry.
————
MEMORANDUM REGARDING DELEGATED LEGISLATION
The proposed amendment to the Puducherry Town and Country
Planning Act, 1969 (No. 13 of 1970) is to remove the cut-off ceiling date
to implement the regularization of buildings constructed unauthorizedly or
in deviations to the sanctioned plans, by levy of regularization charges.
To regularize the buildings, is a matter in respect of which notifications
may be issued or rule may be made in accordance with the aforesaid
provisions of the Bill, which is a matter of procedure and detail.
2. The delegation of Legislative power is, therefore, of a normal
character.
————
online publication at "https://styandptg.py.gov.in" Published by the Director, Government Press, Puducherry.