L.A. Bill Nos. 30 of 2018 and No. 31 of 2018 (English)

© GOVERNMENT OF TAMIL NADU 2018

[Regd. No. TN/CCN/467/2012-14.

[R. Dis. No. 197/2009.

[Price: Rs. 4.00 Paise.

No. 231] CHENNAI, FRIDAY, JUNE 29, 2018 Aani 15, Vilambi, Thiruvalluvar Aandu-2049

Part IV—Section 1

Tamil Nadu Bills

CONTENTS

Pages.

BILLS:

No. 30 of 2018—The Tamil Nadu Repealing Act, 2018 .. .. .. .. .. 140-144 No. 31 of 2018—The Tamil Nadu Repealing and Amending Act, 2018 .. .. .. 145-148

[139]

231-Ex-IV-1-1a140 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

BILLS INTRODUCED IN THE LEGISLATIVE ASSEMBLY OF THE

STATE OF TAMIL NADU

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill which was introduced in the Legislative Assembly of the State of Tamil Nadu on 29th June, 2018 is published together with Statement of Objects and Reasons for general information:—

L.A. Bill No. 30 of 2018

A Bill to repeal certain enactments.

WHEREAS it is expedient that the enactments specifi ed in the Schedule which are

spent or have otherwise become obsolete, or have ceased to be in force otherwise than

by expressed specifi c repeal, should be expressly and specifi cally repealed;

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the

Sixty-ninth Year of the Republic of India as follows:—

1. This Act may be called the Tamil Nadu Repealing Act, 2018. Short title.

2. The enactments specifi ed in the Schedule are hereby repealed to the extent Repeal of certain mentioned in the fourth column thereof.

enactments.

3. The repeal by this Act of any enactment shall not affect any other enactment in Savings.

which the repealed enactment has been applied, incorporated or referred to;

and this Act shall not affect the validity, invalidity, effect or consequences

of anything already done or suffered, or any right, title, obligation or liability already

acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any

release or discharge of or from any debt, penalty, obligation, liability, claim or demand,

or any indemnity already granted, or the proof of any past act or thing;

nor shall this Act affect any principle or rule of law, or established jurisdiction,

form or course of pleading, practice or procedure, or existing usage, custom, privilege,

restriction, exemption, offi ce or appointment, notwithstanding that the same respectively

may have been in any manner affi rmed or recognised or derived by, in or from any

enactment hereby repealed;

nor shall the repeal by this Act of any enactment revive or restore any

jurisdiction, offi ce, custom, liability, right, title, privilege, restriction, exemption, usage,

practice, procedure or other matter or thing not now existing or in force.

THE SCHEDULE.

REPEALS.

(See section 2)

Year.

Number.

Short Title.

Extent of

Repeal.

(1)

(2)

(3)

(4)

President's Acts.

1976 25 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Act, 1976.

1988 7 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Second Amendment Act, 1988.

1988 23 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 1988.

Tamil Nadu Acts.

1954 IV The State Co-operative Societies (Reconstitution and The Whole Formation) Act, 1954.

1978 34 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 1978.

1979 38 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 1979.

1979 48 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Second Amendment Act, 1979.

1980 23 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 1980.

1981 4 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 1981.

1981 52 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Second Amendment Act, 1981.

1982 45 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 1982.

1983 25 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 1983.

1984 4 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 1984.

1985 12 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 1985.

1986 15 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 1986.

1986 25 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Second Amendment Act, 1986.

Year.

Number.

Short Title.

Extent of

Repeal.

(1)

(2)

(3)

(4) 1989 38 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Act, 1989.

1990 3 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Laws (Amendment) Act, 1990.

1991 23 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 1991.

1991 30 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Act, 1991.

1992 17 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 1992.

1992 50 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 1992.

1993 2 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 1993.

1993 3 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 1993.

1993 10 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Second Amendment Act, 1993.

1993 29 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Second Amendment Act, 1993.

1994 5 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 1994.

1994 23 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 1994.

1994 59 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Second Amendment Act, 1994.

1995 5 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 1995.

1995 8 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 1995.

1995 31 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Second Amendment Act, 1995.

1996 3 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Third Amendment Act, 1995.

1996 12 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 1996.

1996 13 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 1996.

1996 20 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Second Amendment Act, 1996.

1997 5 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 1997.

Year.

Number.

Short Title.

Extent of

Repeal.

(1)

(2)

(3)

(4) 1998 12 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 1998.

1998 56 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Second Amendment Act, 1998.

1999 4 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 1999.

1999 49 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Second Amendment Act, 1999.

2000 34 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 2000.

2001 11 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 2001.

2002 41 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 2002.

2003 35 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 2003.

2004 19 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 2004.

2005 12 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 2005.

2006 14 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 2006.

2007 2 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 2007.

2007 36 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Second Amendment Act, 2007.

2008 1 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 2008.

2008 52 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Second Amendment Act, 2008.

2009 3 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 2009.

2009 16 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Second Amendment Act, 2009.

2010 3 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 2010.

2010 38 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Second Amendment Act, 2010.

2011 3 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 2011.

2011 12 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Second Amendment Act, 2011.

STATEMENT OF OBJECTS AND REASONS.

The Tamil Nadu Co-operative Societies (Reconstitution and Formation) Act, 1954 (Tamil Nadu Act IV of 1954), the Tamil Nadu Co-operative Societies (Appointment of Special Offi cers) Act, 1976 (President's Act 25 of 1976), the Tamil Nadu Co-operative Societies (Appointment of Special Offi cers) Act, 1989 (Tamil Nadu Act 38 of 1989) and the Tamil Nadu Co-operative Societies (Appointment of Special Offi cers) Act, 1991 (Tamil Nadu Act 30 of 1991) are enacted to provide for the appointment in public interest of Special Offi cers for certain categories of co-operative societies. Consequent on the conduct of elections to the boards of all primary co-operative societies and the scheduled co-operative societies and assumption of offi ce by the elected boards replacing the Special Offi cers appointed under the above said Acts, the above said Acts have become obsolete. Therefore, the Government have decided to repeal the above said Acts and their amending Acts.

2. The Bill seeks to give effect to the above decision.

C.VE. SHANMUGAM, Minister for Law, Courts and Prisons.

K.SRINIVASAN, Secretary.

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill which was introduced in the Legislative Assembly of the State of Tamil Nadu on 29th June, 2018 is published together with Statement of Objects and Reasons for general information:—

L.A. Bill No. 31 of 2018

A Bill to repeal certain enactments and to amend an enactment.

WHEREAS it is expedient that the enactments specifi ed in the First Schedule

which are spent or have otherwise become obsolete, or have ceased to be in force

otherwise than by expressed specifi c repeal, should be expressly and specifi cally

repealed;

AND WHEREAS it is also expedient that amendment should be made in the

enactment specifi ed in the Second Schedule;

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the

Sixty-ninth Year of the Republic of India as follows:—

1. This Act may be called the Tamil Nadu Repealing and Amending Act, 2018. Short title.

2. The enactments specifi ed in the First Schedule are hereby repealed to the Repeal of extent mentioned in the fourth column thereof.

certain

enactments.

3. The enactment specifi ed in the Second Schedule is hereby amended to the Amendment of extent and in the manner mentioned in the fourth column thereof.

an enactment.

4. The repeal by this Act of any enactment shall not affect any other enactment Savings.

in which the repealed enactment has been applied, incorporated or referred to;

and this Act shall not affect the validity, invalidity, effect or consequences

of anything already done or suffered, or any right, title, obligation or liability already

acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any

release or discharge of or from any debt, penalty, obligation, liability, claim or demand,

or any indemnity already granted, or the proof of any past act or thing;

nor shall this Act affect any principle or rule of law, or established jurisdiction,

form or course of pleading, practice or procedure, or existing usage, custom,

privilege, restriction, exemption, offi ce or appointment, notwithstanding that the same

respectively may have been in any manner affi rmed or recognised or derived by, in or

from any enactment hereby repealed;

nor shall the repeal by this Act of any enactment revive or restore any

jurisdiction, offi ce, custom, liability, right, title, privilege, restriction, exemption, usage,

practice, procedure or other matter or thing not now existing or in force.

FIRST SCHEDULE.

REPEALS.

(See section 2)

Year.

(1)

Number.

(2)

Short Title.

(3)

Extent of

Repeal.

(4)

Central Acts of Local Application.

1837 XXXVI The Tamil Nadu Public Property Malversation Act, 1837. The Whole 1925 XXXV The Tamil Nadu, Bengal and Bombay Children The Whole (Supplementary) Act, 1925.

Tamil Nadu Regulations.

1802 III The Tamil Nadu Administration of Estates Regulation, 1802. The Whole 1802 XIX The Indian Civil Service (Tamil Nadu) Loans Prohibition The Whole Regulation, 1802.

1802 XXV The Tamil Nadu Permanent Settlement Regulation, 1802. The Whole 1816 XII The Tamil Nadu Village-Lands Disputes Regulation, 1816. The Whole 1817 VII The Tamil Nadu Endowments and Escheats Regulation, The Whole 1817.

1817 VIII The Tamil Nadu Revenue Recovery (Military Proprietors) The Whole Regulation, 1817.

1822 IV The Tamil Nadu Permanent Settlement (Interpretation) The Whole Regulation, 1822.

1829 V The Tamil Nadu Hindu Wills Regulation, 1829. The Whole 1831 V The Tamil Nadu Stamp Penalties Regulation, 1831. The WholeTAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 147 SECOND SCHEDULE.

AMENDMENT.

(See section 3)

Year.

(1)

Number.

(2)

Short Title.

(3)

Amendment.

(4)

Tamil Nadu Act.

1864 II The Tamil Nadu Revenue

Recovery Act, 1864.

After section 25, the following section shall be inserted, namely:—

"25-A. Service of Notice in the case of Military Personnel.— (1) If any person serving in the Army has land, such person shall be at liberty to inform the Collector the rank which he may hold and the designation of the Corps to which he is attached and record of such information shall be made by the Collector in the register and accounts relating to such land and its assessment.

(2) Where revenue is in arrear in respect of any land belonging to such person, no proceeding shall be instituted unless the Collector informs the Commanding Offi cer of the Corps about the action proposed to be taken under this Act.

(3) The Collector shall address an offi cial letter by registered post with acknowledgement due to the Commanding Offi cer of the Corps and enclose along with the said letter a written notice to the person liable to pay the arrear of land revenue duly signed by himself or other offi cer empowered by the Collector in this behalf.

(4) Such notice shall, specify the amount of arrear, and the date on which it became due, and require such person to pay the said arrear within such limited period of time having regard to the fact where the Corps is stationed and the time that may be taken to serve the said notice.

(5) Acknowledgement of the receipt of the letter by the Commanding Offi cer shall be deemed to be suffi cient service for the purposes of this Act.".

STATEMENT OF OBJECTS AND REASONS.

The Law Commission of India, in its 248th, 249th, 250th and 251st Reports on "Obsolete laws; warranting immediate Repeal", inter-alia, recommended for repeal of 289 enactments. Further, the State Law Commission has recommended in its First Report on Unrepealed Tamil Nadu Regulations to repeal certain Regulations as the said Regulations are not suitable to the present day situation.

2. The Government have, therefore, decided to repeal the following Central Acts of Local application in the State of Tamil Nadu:—

(i) The Tamil Nadu Public Property Malversation Act, 1837 (Central Act XXXVI of 1837).

(ii) The Tamil Nadu, Bengal and Bombay Children (Supplementary) Act, 1925 (Central Act XXXV of 1925).

3. Similarly, the Government have decided to repeal the following Tamil Nadu Regulations:—

(i) The Tamil Nadu Administration of Estates Regulation, 1802 (Tamil Nadu Regulation III of 1802).

(ii) The Indian Civil Service (Tamil Nadu) Loans Prohibition Regulation, 1802 (Tamil Nadu Regulation XIX of 1802).

(iii) The Tamil Nadu Permanent Settlement Regulation, 1802 (Tamil Nadu Regulation XXV of 1802).

(iv) The Tamil Nadu Village-Lands Disputes Regulation, 1816 (Tamil Nadu Regulation XII of 1816).

(v) The Tamil Nadu Endowments and Escheats Regulation, 1817 (Tamil Nadu Regulation VII of 1817).

(vi) The Tamil Nadu Revenue Recovery (Military Proprietors) Regulation, 1817 (Tamil Nadu Regulation VIII of 1817).

(vii) The Tamil Nadu Permanent Settlement (Interpretation) Regulation, 1822 (Tamil Nadu Regulation IV of 1822).

(viii) The Tamil Nadu Hindu Wills Regulation, 1829 (Tamil Nadu Regulation V of 1829).

(ix) The Tamil Nadu Stamp Penalties Regulation, 1831 (Tamil Nadu Regulation V of 1831).

4. In order to repeal the Tamil Nadu Revenue Recovery (Military Proprietors) Regulation, 1817 (Tamil Nadu Regulation VIII of 1817), it has been decided to amend the Tamil Nadu Revenue Recovery Act, 1864 (Tamil Nadu Act II of 1864) to incorporate the provisions relating to service of notice in the case of military personnel. The Government have, therefore, decided to bring out a Legislation for the aforesaid purpose.

5. The Bill seeks to give effect to the above decision.

C.VE. SHANMUGAM,

Minister for Law, Courts and Prisons.

K.SRINIVASAN,

Secretary.

PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU