[ 35 ]

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.

Registered with the Registrar

of Newspapers for India under

No. 10410

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No.

6 Poudouchéry

Jeudi

Février

2024

No.

Puducherry

Thursday

22nd

February

2024

(3 Phalguna 1945)

Registered No.

PY/44/2021-23

LA GAZETTE DE L'ETAT

[PART–II

THE APPROPRIATION BILL, 2024

(Bill No. 1 of 2024)

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 :—

1. This Act may be called the Appropriation

Act, 2024.

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

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.

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.

Short title.

Supplementary

appropriation of

` 1013,26,43,000

from and out of

the Consolidated

Fund

the

Union territory

of Puducherry

for the period

from 1-4-2023

to 31-3-2024.

Appropriation.

PART–II]

LA GAZETTE DE L'ETAT

THE SCHEDULE

( See sections 2 and 3)

Sums not exceeding

No.

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

Welfare

Capital ..

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

5. Art and Culture

Revenue ..

3,84,45,000

Capital ..

54,99,000

7. Civil Supplies

Revenue ..

22,06,28,000

8. Council of Ministers

Revenue ..

4,67,58,000

Capital ..

1,08,95,000

9. Cooperation

Revenue ..

2,000

Capital ..

2,14,68,000

10. Education

Revenue .. 118,28,31,000

.. 118,28,31,000

Capital ..

2,41,14,000

11. Elections

Revenue ..

6,63,38,000

Capital ..

46,09,000

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

Capital ..

10,91,000

14. Fisheries

Revenue ..

1,65,93,000

Capital ..

19,11,10,000

15. General Administration

Capital ..

1,24,48,000

16. Health

Revenue ..

6,000

16,76,000

16,82,000

Capital ..

3,000

17. Home

Revenue ..

19,44,38,000

Capital ..

2,77,17,000

18. Information and Publicity Revenue ..

1,27,73,000

Capital ..

3,00,000

20. Industries

Revenue ..

63,09,000

Capital ..

4,49,000

21. Labour and Employment Revenue ..

3,000

Capital ..

58,00,000

22. Law and Justice

Capital ..

72,79,000

23. Legislative Assembly

Capital ..

72,60,000

24. Local Administration

Revenue .. 236,58,89,000

.. 236,58,89,000

—

Public Debt and Interest

Capital ..

.. 37,37,00,000

37,37,00,000

Payments

PART–II]

LA GAZETTE DE L'ETAT

(1)

(2)

(3)

(4)

(5)

27. Public Works

Revenue ..

34,12,78,000

28. Revenue and District

Revenue ..

4,000

Administration

Capital ..

65,10,000

29. Rural Development

Revenue ..

55,95,15,000

32. State Taxation

Revenue ..

1,05,61,000

Capital ..

63,01,000

33. Stationery and Printing

Capital ..

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

38. Women and Child

Revenue ..

23,14,28,000

53,11,000

23,67,39,000

Development

Capital ..

40,30,000

39. Building Programmes

Revenue ..

86,10,000

Capital ..

1,000

2,000

3,000

Total .. 948,06,59,000 65,19,84,0001013,26,43,000

————

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 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 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 1st April, 2023 to 31st March, 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.

————

PART–II]

LA GAZETTE DE L'ETAT

THE APPROPRIATION (VOTE ON ACCOUNT)

BILL, 2024

(Bill No. 2 of 2024)

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 :—

This Act may be called the Appropriation

(Vote on Account) Act, 2024.

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

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.

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.

Short title.

Vote on Account for

` 5187,00,00,000

out

the

C o n s o l i d a t e d

Fund

the

Union territory

of Puducherry

for the months

of April, May,

June, July and

August 2024.

Appropriation.

LA GAZETTE DE L'ETAT

[PART–II

THE SCHEDULE

( See sections 2 and 3)

Sums not exceeding

No.

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

Capital ..

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

4. Animal Husbandry

Revenue ..

29,02,32,000

Capital ..

1,57,53,000

5. Art and Culture

Revenue ..

10,29,07,000

Capital ..

33,06,000

6. Chief Secretariat

Revenue ..

1,09,20,000

Capital ..

1,25,000

7. Civil Supplies

Revenue .. 123,84,79,000

.. 123,84,79,000

Capital ..

13,04,000

8. Council of Ministers

Revenue ..

11,68,53,000

Capital ..

1,00,82,000

9. Cooperation

Revenue ..

28,62,37,000

Capital ..

95,92,000

10. Education

Revenue .. 561,94,77,000

.. 561,94,77,000

Capital ..

2,95,68,000

10,83,000

3,06,51,000

11. Elections

Revenue ..

10,43,69,000

Capital ..

24,86,000

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

13. Finance

Revenue .. 721,06,10,000

.. 721,06,10,000

Capital ..

58,27,000

14. Fisheries

Revenue ..

45,89,59,000

Capital ..

12,81,42,000

15. General Administration

Revenue ..

19,74,39,000

Capital ..

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

Capital ..

16,67,000

19. Information Technology

Revenue ..

7,05,82,000

20. Industries

Revenue ..

21,50,89,000

Capital ..

4,40,000

21. Labour and Employment Revenue ..

21,09,01,000

8,33,000

21,17,34,000

Capital ..

55,41,000

22. Law and Justice

Revenue ..

20,23,92,000

Capital ..

67,79,000

23. Legislative Assembly

Revenue ..

9,05,00,000

17,28,000

9,22,28,000

Capital ..

59,42,000

24. Local Administration

Revenue .. 203,45,61,000

203,45,61,000

Capital ..

40,42,000

25. Planning and Statistics

Revenue ..

4,88,38,000

Capital ..

5,46,000

-- Public Debt and

Revenue ..

.. 309,97,00,000309,97,00,000

Interest Payments

Capital ..

..236,13,00,000 236,13,00,000

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

29. Rural Development

Revenue ..

56,93,37,000

Capital ..

1,77,000

30. Science and Technology

Revenue ..

1,96,10,000

Capital ..

54,000

31. Social Welfare

Revenue ..

54,61,16,000

Capital ..

12,92,000

32. State Taxation

Revenue ..

18,67,43,000

Capital ..

17,92,000

33. Stationery and Printing

Revenue ..

14,00,08,000

Capital ..

12,85,000

34. Tourism

Revenue ..

7,06,95,000

Capital ..

4,99,000

20,83,000

25,82,000

35. Town and Country

Revenue ..

26,46,31,000

Planning

Capital ..

7,08,000

36. Transport

Revenue ..

17,99,84,000

Capital ..

3,000

37. Port

Revenue ..

2,42,55,000

Capital ..

2,55,58,000

38. Women and Child

Revenue .. 302,47,44,000

30,63,000

302,78,07,000

Development

Capital ..

19,08,000

39. Building Programmes

Revenue ..

4,11,73,000

Capital ..

25,90,44,000

41,66,000

26,32,10,000

Total .. 4634,29,85,000 552,70,15,000 5187,00,00,000

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,

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 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.

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)

BILL

to provide for exemption from approvals and

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:—

(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.

(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;

Department or Agency of the Government or Local

Authority, Statutory Body, Government owned

Corporation, Municipality, Commune Panchayat,

Short title,

extent and

Commencement.

Definitions

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

Micro, Small and Medium Enterprises

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.

(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.

Nodal Agency

LA GAZETTE DE L'ETAT

[PART–II

Filing of

Declaration.

(4) (1) Subject to the superintendence, direction

and control of the Government, the powers and functions

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

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

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.

Powers and

functions of

Nodal Agency.

Effect of the

Acknowledgment

Certificate.

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.

(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.

(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.

Exemption

Protection of

action taken in

good faith.

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.

(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.

(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,

Savings

Powers to

make rules.

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

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.

Powers to

remove

difficulties.

————

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.

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

Clause 3 of the Bill seeks to empower the Government, to notify

Nodal Agency subject to superintendence, direction and control of

the Government.

Sub-clause (1) of Clause 4 of the Bill seeks to empower the Government,

to notify the powers and functions of the Nodal Agency.

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.

Sub-clause (1) of Clause 5 of the Bill seeks to empower the Government,

to mandate filling of declaration.

LA GAZETTE DE L'ETAT

[PART–II

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.

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.

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.

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.

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.

————

PART–II]

LA GAZETTE DE L'ETAT

THE PUDUCHERRY TOWN AND COUNTRY

PLANNING (AMENDMENT) BILL, 2024

(Bill No. 4 of 2024)

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.

(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

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.

Short title

extent and

commencement.

Amendment of

Section 46-A.

————

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.

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.

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online publication at “https://styandptg.py.gov.in”

Published by the Director, Government Press, Puducherry.