[139]
231-Ex-IV-1-1a
TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
©
[Regd. No. TN/CCN/467/2012-14.
GOVERNMENT OF TAMIL NADU
[R. Dis. No. 197/2009.
2018
[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
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
CONTENTS
140
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by expressed specifi c repeal, should be expressly and specifi cally repealed;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 The enactments specifi ed in the Schedule are hereby repealed to the extent
mentioned in the fourth column thereof.
Repeal of certain
enactments.
3. The repeal by this Act of any enactment shall not affect any other enactment in
which the repealed enactment has been applied, incorporated or referred to;
Savings.
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enactment hereby repealed;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.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
141
THE SCHEDULE.
REPEALS.
(See section 2)
Year.
(1)
Number.
(2)
Short Title.
(3)
Extent of
Repeal.
(4)
President’s Acts.
1976
25
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Act, 1976.
The Whole
1988
7
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Second Amendment Act, 1988.
The Whole
1988
23
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 1988.
The Whole
Tamil Nadu Acts.
1954
IV
The State Co-operative Societies (Reconstitution and
Formation) Act, 1954.
The Whole
1978
34
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 1978.
The Whole
1979
38
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 1979.
The Whole
1979
48
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Second Amendment Act, 1979.
The Whole
1980
23
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 1980.
The Whole
1981
4
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 1981.
The Whole
1981
52
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Second Amendment Act, 1981.
The Whole
1982
45
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 1982.
The Whole
1983
25
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 1983.
The Whole
1984
4
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 1984.
The Whole
1985
12
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 1985.
The Whole
1986
15
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 1986.
The Whole
1986
25
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Second Amendment Act, 1986.
The Whole
1987
5
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 1987.
The Whole
1989
35
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 1989.
The Whole
142
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Year.
(1)
Number.
(2)
Short Title.
(3)
Extent of
Repeal.
(4)
1989
38
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Act, 1989.
The Whole
1990
3
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Laws (Amendment) Act, 1990.
The Whole
1991
23
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 1991.
The Whole
1991
30
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Act, 1991.
The Whole
1992
17
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 1992.
The Whole
1992
50
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 1992.
The Whole
1993
2
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 1993.
The Whole
1993
3
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 1993.
The Whole
1993
10
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Second Amendment Act, 1993.
The Whole
1993
29
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Second Amendment Act, 1993.
The Whole
1994
5
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 1994.
The Whole
1994
23
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 1994.
The Whole
1994
59
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Second Amendment Act, 1994.
The Whole
1995
5
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 1995.
The Whole
1995
8
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 1995.
The Whole
1995
31
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Second Amendment Act, 1995.
The Whole
1996
3
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Third Amendment Act, 1995.
The Whole
1996
12
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 1996.
The Whole
1996
13
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 1996.
The Whole
1996
20
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Second Amendment Act, 1996.
The Whole
1997
5
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 1997.
The Whole
1997
6
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 1997.
The Whole
1997
25
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Second Amendment Act, 1997.
The Whole
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
143
Year.
(1)
Number.
(2)
Short Title.
(3)
Extent of
Repeal.
(4)
1998
12
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 1998.
The Whole
1998
56
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Second Amendment Act, 1998.
The Whole
1999
4
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 1999.
The Whole
1999
49
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Second Amendment Act, 1999.
The Whole
2000
34
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 2000.
The Whole
2001
11
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 2001.
The Whole
2002
41
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 2002.
The Whole
2003
35
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 2003.
The Whole
2004
19
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 2004.
The Whole
2005
12
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 2005.
The Whole
2006
14
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 2006.
The Whole
2007
2
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 2007.
The Whole
2007
36
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Second Amendment Act, 2007.
The Whole
2008
1
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 2008.
The Whole
2008
52
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Second Amendment Act, 2008.
The Whole
2009
3
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 2009.
The Whole
2009
16
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Second Amendment Act, 2009.
The Whole
2010
3
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 2010.
The Whole
2010
38
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Second Amendment Act, 2010.
The Whole
2011
3
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 2011.
The Whole
2011
12
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Second Amendment Act, 2011.
The Whole
2012
1
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Amendment Act, 2012.
The Whole
2012
33
The Tamil Nadu Co-operative Societies (Appointment of
Special Offi cers) Second Amendment Act, 2012.
The Whole
144
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
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.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
145
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
extent mentioned in the fourth column thereof.
Repeal of
certain
enactments.
3. The enactment specifi ed in the Second Schedule is hereby amended to the
extent and in the manner mentioned in the fourth column thereof.
Amendment of
an enactment.
4. The repeal by this Act of any enactment shall not affect any other enactment
in which the repealed enactment has been applied, incorporated or referred to;
Savings.
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.
146
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
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
(Supplementary) Act, 1925.
The Whole
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
Regulation, 1802.
The Whole
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,
1817.
The Whole
1817
VIII
The Tamil Nadu Revenue Recovery (Military Proprietors)
Regulation, 1817.
The Whole
1822
IV
The Tamil Nadu Permanent Settlement (Interpretation)
Regulation, 1822.
The Whole
1829
V
The Tamil Nadu Hindu Wills Regulation, 1829.
The Whole
1831
V
The Tamil Nadu Stamp Penalties Regulation, 1831.
The Whole
TAMIL 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.”.
148
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
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