ACTS - No. 22 of 2018 and No. 25 of 2018

© GOVERNMENT OF TAMIL NADU 2018

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

[R. Dis. No. 197/2009.

[Price: Rs. 9.60 Paise.

No. 249] CHENNAI, THURSDAY, JULY 12, 2018 Aani 28, Vilambi, Thiruvalluvar Aandu–2049

Part IV—Section 2

Tamil Nadu Acts and Ordinances

CONTENTS

Pages.

ACTS :

No. 22 of 2018—The Tamil Nadu Establishment of Private Law Colleges

88-90 (Regulation) Act, 2018 .. .. .. .. ..

No. 23 of 2018—The Tamil Nadu Sugarcane (Regulation of Purchase Price) 91-100 Act, 2018 .. .. .. .. .. .. ..

No. 24 of 2018—The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) 101-102 Amendment Act, 2018 .. .. .. .. ..

No. 25 of 2018—The Tamil Nadu Appropriation (No.3) Act, 2018 .. .. 103-109 249-Ex-IV-2—1

[ 87 ]88 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 12th July 2018 and is hereby published for general information:—

ACT No. 22 OF 2018.

An Act to regulate the establishment of Private Law Colleges in the State of

Tamil Nadu.

WHEREAS, in consonance with the spirit of Article 41 of the Constitution of

India, the Government have taken a policy decision to establish adequate number of

Government law colleges in the State in a phased manner, to impart legal education

at affordable cost;

AND WHEREAS, the past experience revealed that private persons are not

able to provide legal education at affordable cost to the economically and socially

weaker sections and also not able to continue to run the law colleges;

AND WHEREAS, the Tamil Nadu Establishment of Private Law Colleges

(Prohibition) Act, 2014 (Tamil Nadu Act 13 of 2014) was enacted to prohibit private

persons from establishing any law college or institution providing any course of study

or training in law for admission to the examination for law degrees, diplomas or other

academic distinctions of the University;

AND WHEREAS, the Madras High Court, has ruled that there cannot be a total

prohibition to start law colleges by private persons;

AND WHEREAS, the Bar Council of India has passed a resolution

requesting all the State Governments to restrict the number of granting

No Objection Certifi cates to start law colleges for three years;

NOW, THEREFORE, the Government have decided to regulate the

establishment of private law colleges in Tamil Nadu by laying down certain norms for

grant of permission to start law colleges by private persons;

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:-

Short title and

1. (1) This Act may be called the Tamil Nadu Establishment of Private Law

commencement. Colleges (Regulation) Act, 2018.

(2) It shall come into force on such date as the State Government may, by

notifi cation, appoint.

Defi nitions. 2. In this Act, unless the context otherwise requires,-

(a) "competent authority" means the Director of Legal Studies;

(b) "Government" means the State Government;

(c) "Law College" means any college or institution providing any course of

study or training in law for admission to the examination for law degrees, diplomas or

other academic distinctions of the University;

(d) "prescribed" means prescribed by rules made under this Act;

(e) "private person" means ,–

(i) a company, whether incorporated or not;

(ii) a registered society;

(iii) a registered trust;

(f) "University" means the Tamil Nadu Dr.Ambedkar Law University

Tamil Nadu Act

established under section 3 of the Tamil Nadu Dr.Ambedkar Law University Act,

43 of 1997.

1996.

Establishment of 3. No private person shall, on or after the date of commencement of this Act,

Law College.

establish a law college without the permission of the Government and except in

accordance with the terms and conditions specifi ed in such permission.

4. (1) Every private person who proposes to establish a law college shall Application for make an application to the competent authority.

permission.

(2) Before making an application under sub-section (1), the private person

shall create an Endowment for rupees thirty lakh for establishment of a law college.

The amount shall be invested in a Nationalised Bank or Government of India or

Government of Tamil Nadu Undertaking.

(3) The private person shall produce either a Bank Guarantee for a period

of fi ve years to the tune of rupees twenty lakh or a solvency certifi cate for the said

amount obtained from the competent revenue authority.

(4) Every such application shall, –

(a) be in the prescribed Form;

(b) be accompanied with a challan for having remitted a fee of rupees

twenty fi ve thousand (non-refundable) into the Government Treasury;

(c) contain the following particulars, namely:-

(i) the name of the law college;

(ii) the degrees and the courses for which the law college

prepares, teaches or guides its students to grant or confer

such degree;

(iii) the amenities available or proposed to be made available

to students;

(iv) the library, moot court and other facilities for instructions;

(v) the number of students to be admitted to each course of

study;

(vi) the situation and the description of the buildings in which

the law college is proposed to be established;

(d) contain such other particulars as may be prescribed.

Grant of

5. (1) On receipt of an application under sub-section (1) of section 4, the

permission.

competent authority shall verify the particulars and after making such enquiry as

it deems necessary, forward the application to the Government along with his

recommendations for grant of permission. The Government may grant or refuse to

grant the permission for establishment of a law college taking into consideration the

particulars contained in the application and also the rules, guidelines, instructions

issued by the University Grants Commission, the Bar Council of India and the

Tamil Nadu Dr.Ambedkar Law University:

Provided that the permission shall not be refused under this

section unless the applicant has been given an opportunity of making his

representation.

(2) No person shall be granted permission under sub-section (1) to

establish a law college in Districts where a law college has already been established

by the Government.

(3) On receipt of the permission granted under sub-section (1)

for establishment of a law college, the private person shall apply to the University

and other appropriate authorities for permission or affi liation, as the case may be, as

required under the relevant laws.

(4) Notwithstanding anything contained in any other law for the time being

in force, or in any judgment, decree or order of any court, every private person

who has applied for No Objection Certifi cate from the Government or for affi liation

from the University and whose application is pending with the Government or the

University, as the case may be, on the date of commencement of this Act, shall apply

for permission under the provisions of this Act.

Application of other 6. The provisions of this Act shall be in addition to, and not in derogation of, the

laws not barred. provisions of any other law for the time being in force.

Power to make

7. (1) The Government may, by notifi cation, make rules to carry out all or any

rules.

of the purposes of this Act.

(2) All rules made under this Act shall be published in the

Tamil Nadu Government Gazette, and unless they are expressed to come into force

on a particular day, shall come into force on the day on which they are so published.

(3) Every rule made under this Act shall, as soon as possible after it is

made, be placed on the table of the Legislative Assembly, and if, before the expiry

of the session in which it is so placed or the next session, the Legislative Assembly

makes any modifi cation in any such rule or the Legislative Assembly decides that the

rule should not be made, the rule shall thereafter have effect only in such modifi ed

form or be of no effect, as the case may be, so, however, that any such modifi cation

or annulment shall be without prejudice to the validity of anything previously done

under that rule.

8. The Tamil Nadu Establishment of Private Law Colleges (Prohibition) Act, Tamil Nadu Act 13 Repeal.

2014 is hereby repealed.

of 2014.

(By Order of the Governor)

S.S. POOVALINGAM, Secretary to Government, Law Department.

The following Act of the Tamil Nadu Legislative Assembly received the

assent of the Governor on the 12th July 2018 and is hereby published for

general information

ACT No. 23 OF 2018.

An Act to regulate the price of sugarcane purchased by the sugar

factories from the farmers in the State of Tamil Nadu.

WHEREAS it is expedient to regulate the price of sugarcane purchased by

sugar factories from the farmers in the State of Tamil Nadu, to offer better

realization of price for the sugarcane sold by the farmers to the factory of the

reserved area and to provide for matters connected therewith or incidental

thereto.

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. (1) This Act may be called the Tamil Nadu Sugarcane (Regulation of

Purchase Price) Act, 2018.

Short title and commence- ment.

(2) It shall come into force on such date as the State Government

may, by notifi cation, appoint.

2. (1) In this Act, unless the context otherwise requires,— Defi nitions.

(a) "audit committee" means the committee appointed by the

Board under section 13;

(b) "bagasse" means the fi nal fi brous residue from a milling train

or from the dewatering mills of diffusion plant;

(c) "Board" means the Sugarcane Control Board constituted

under section 3;

(d) "Commissioner'' means the Commissioner of Sugar

and Cane Commissioner or any offi cer designated in this capacity by the

Government;

(e) "factory" means any premises including the precincts

thereof in any part of which sugar is manufactured by vacuum pan process

and at its own option, ethanol either directly from sugarcane juice or from

molasses, including B-Heavy molasses, or both, as the case may be, is

manufactured;

(f) "Fair and Remunerative Price" means the minimum price

fi xed for sugarcane by Central Government under clause 3 of the Sugarcane

(Control) Order, 1966 for the sugarcane year;

(g) "Financial Year" means the year commencing on the fi rst

day of April and ending with the thirty fi rst day of March in the succeeding

year;

(h) "free will area" means area not covered under the reserved

area;

(i) "Government" means the State Government;

(j) "molasses" means mother liquid left over after recovery of

sugar in the fi nal stage of manufacturing by the vacuum pan process;

(k) " occupier of factory " means the person, who has control

over all the affairs of a sugar factory and where the said affairs are entrusted

to a director, partner or administrator, such director, partner or administrator,

as the case may be;

(l) "person" includes individual, a co-operative society,

Hindu Undivided Family, a company or fi rm or an association or a body of

individuals, whether incorporated or not;

(m) "prescribed" means prescribed by rules;

(n) "reserved area" means, any area where sugarcane is

grown and reserved for a factory under sub-clause (1) (a) of clause 6 of the

Sugarcane (Control) Order, 1966;

(o) "revenue sharing based sugarcane price" means the

price of sugarcane arrived at for each factory separately in accordance with

section 9 of this Act and this price when realised shall be equal to or over and

above the Fair and Remunerative Price for the respective season;

(p) "State" means the State of Tamil Nadu;

(q) "sugarcane" means sugarcane intended for use in a

factory;

(r) "sugarcane grower" means a person who cultivates

sugarcane intended for sale to a factory whether by himself or by his servants

or by hired labour or by members of his family or his tenants, and includes a

Co-operative Society registered under the Tamil Nadu Co-operative Societies

Tamil Nadu Act 30 of 1983.

Act, 1983;

(2) Words and expressions used but not defi ned in this Act shall have

meanings assigned to them in the Sugarcane (Control) Order, 1966.

3. (1) The Government shall, by notifi cation, constitute a Board to be

called as the Sugarcane Control Board to exercise such powers and to

Constitution of Sugarcane Control Board.

perform such functions assigned to it under this Act.

(2) The Board shall have perpetual succession and have a common

seal and shall, by the said name, sue and be sued.

(3) The Board shall consist of the following members, namely:—

(a) Chief Secretary to Government, who shall be the Chairperson,

ex-offi cio;

(b) Secretary to Government, Finance department, ex-offi cio;

(c) Secretary to Government, Industries department, ex-offi cio;

(d) Agricultural Production Commissioner and Secretary to

Government, Agriculture Department, ex-offi cio;

(e) Director of Agriculture, ex-offi cio;

(f) Director, Sugarcane Breeding Institute, Coimbatore,

ex-offi cio;

(g) Chief Accounts Offi cer, Tamil Nadu Sugar Corporation,

ex-offi cio;

(h) three representatives of the factories in the State to be

nominated by the Government, out of which,—

(i) one member shall be from Tamil Nadu Co-operative

Sugar Federation; and

(ii) two members from private sugar factories in the State;

(i) four representatives of sugarcane growers cultivating

sugarcane regularly in the State and supplying sugarcane

to the factories, to be nominated by the Government, out of

which,—

(i) two members shall be sugarcane growers supplying

sugarcane to co-operative or public sector sugar

factories; and

(ii) two members shall be growers supplying sugarcane to

private sugar factories in the State;

(j) Commissioner, Member Secretary, ex-offi cio;

(4) The headquarters of the Board shall be at Chennai.

Terms and

4. (1) A nominated member shall hold offi ce for a period of two years from

the date of his nomination and he is eligible for re-nomination:

Provided that a nominated member shall not be re-nominated to the

Board, without completion of a cooling off period of two years between the

conditions of appointment of nominated members of the Board.

two terms.

(2) A nominated member may, by writing under his hand addressed to

the Government, resign his offi ce, but he shall continue to hold offi ce until his

resignation is accepted by the Government.

(3) When the offi ce of a nominated member becomes vacant by

resignation, death, removal, disqualifi cation or otherwise, the Government

shall nominate within three months a new member to fi ll such vacancy.

(4) The Government may remove a nominated member from his

offi ce, if he incurs any one of the disqualifi cations specifi ed below, namely:—

(a) becomes an un-discharged insolvent; or

(b) is convicted and sentenced to imprisonment for an offence

which, in the opinion of the Government, involves moral turpitude; or

(c) becomes of unsound mind and stands so declared by a

competent court.

(5) The nominated members shall be eligible to draw such rate of

sitting fee and travelling allowance, as may be prescribed.

Meetings of the

5. (1) The Board shall meet, as often as may be necessary, at such time

Board.

and place and observe such rules of procedure as may be prescribed:

Provided that the Board shall meet at least twice in a year.

(2) The Chairperson shall preside over the meeting of the Board.

(3) In the absence of the Chairperson by reason of leave or illness

or for any other reasons, the Chairperson may authorise any of the other

members of the Board to function as Chairperson and he shall preside over

the meeting.

(4) No act or proceeding of the Board shall be invalid by reason only

of the existence of any vacancy in, or any defect in the constitution of, the

Board.

(5) Notice of the meetings of the Board, the place, quorum and

procedures regarding transactions of the business of the Board shall be such

as may be prescribed.

Functions of the

6. The Board shall discharge the following functions, namely:—

Board.

(a) decide the revenue sharing based sugarcane price payable to the

sugarcane growers, by the concerned sugar factories;

(b) offer advice on any matter referred by the Government, especially

in respect of the regulation of the purchase of sugarcane;

(c) bring to the notice of the Commissioner, cases of breach of any

of the provisions of the Act and the rules made thereunder, and to make

suggestions for the prevention of the same;

(d) inquire into any matter in discharge of its functions including

matters relating to revenue and expenditure, books of accounts of the factory,

etc.,;

(e) consider the report of the audit committee on the revenue

realisation for determination of revenue sharing based sugarcane price; and

confer on it any powers as it deems fi t;

(f) nominate any offi cer or committee to look into specifi c issues

pertaining to the implementation of the provisions of the Act; and

(g) perform such other functions as may be prescribed.

Central Act V of

Powers of the 7. (1) The Board shall, for the purpose of any inquiry, have all the powers

1908.

Board.

of a civil court while trying a civil suit under the Code of Civil Procedure, 1908

and, in particular, in respect of the following matters, namely:—

(a) summoning and enforcing the attendance of any person and

examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affi davits;

(d) requisitioning any public record, or copy thereof from any court or

offi ce or factory;

(e) issuing summons for the examination of witnesses and

documents;

(f) to enquire into a complaint regarding fi xation of revenue sharing

based sugarcane price;

(g) any other matter as may be prescribed.

(2) Where the Board fi nds after enquiry that the allegation contained

in any complaint is without any substance, it may, by an order, direct the

complainant to pay to the opposite party an amount specifi ed in the order by

way of cost.

(3) Where the allegation contained in any complaint is about the loss

to the sugarcane grower, the Board may, during enquiry, collect evidence,

determine the loss and direct in its order, the amount to be realised from the

person responsible.

(4) If the amount payable under sub-section (2) or sub-section

(3) is not paid within the period specifi ed in the order, the same shall be

recovered as if it were an arrear of land revenue under the Tamil Nadu Revenue

Tamil Nadu Act II

of 1864.

Recovery Act, 1864.

Powers of the

8. On receipt of the recommendations of the Board, the Government

may, by notifi cation, declare the revenue sharing sugarcane price payable to

the sugarcane growers by the concerned sugar factories.

Government to declare rev- enue sharing based sugar- cane price.

Calculation

9. (1) The revenue sharing based sugarcane price shall be the higher

value among the following, namely:—

(i) the sugarcane price arrived at as a sum equal to seventy per

of revenue sharing based sugarcane price and payment.

cent of the ex-factory basic value of sugar and the primary by-products such

as bagasse, molasses and press mud; or

(ii) the sugarcane price arrived at as a sum equal to seventy fi ve

per cent of the ex-factory basic value of sugar alone.

(2) Upon declaration of the revenue sharing based sugarcane price by

the Government, the cane grower is eligible to receive the difference between

the revenue sharing based sugarcane price and the Fair and Remunerative

Price as additional price in addition to the full Fair and Remunerative Price for

the cane purchased from the cane grower in the reserved area of the factory

for the fi nancial year under consideration.

10. The Government may, on the recommendation of the Board, declare

any variety of sugarcane as an unsuitable variety, and no factory shall grow or

purchase such sugarcane variety as so declared.

Power to declare any variety of sugarcane to be unsuitable for use in factories.

11. The occupier of a factory or any other person acting on his behalf,

shall not distribute to any sugarcane grower in any area or shall not plant

sugarcane seed of any variety in his own factory area if the same has been

Prohibition of distribution of certain varieties of seeds.

declared by the Government as unsuitable under section 10.

Purchase of

12. (1) A sugarcane grower shall sell sugarcane only to the factory to

which the area has been reserved. The sugarcane grower in a free will area

sugarcane in reserved area.

is at liberty to choose the factory of his choice, but if he has entered into an

agreement with a factory, the sugarcane shall be sold to that factory only.

(2) The factory shall enter into an agreement with the sugarcane

grower in such form, by such date on such terms and conditions as specifi ed

in clause 6 of the Sugarcane (Control) Order, 1966 for the purpose of

purchasing the sugarcane offered in accordance with sub-clause (1) of

clause 6 of the said Order.

(3) No person other than the factory aforementioned shall purchase

or enter into an agreement to purchase sugarcane grown by the sugarcane

grower except in accordance with the agreement made under sub-section (1).

Audit 13. (1) For ascertaining revenue realisation in a sugar factory and to

advise the Board on the determination of revenue sharing based sugarcane

price, there shall be an audit committee appointed by the Board consisting

of,—

committee for the calculation of revenue realisation.

(a) Commissioner

– Chairman;

(b) Managing Director, Tamil Nadu Co-operative – Convenor;

Sugar Federation

(c) Director, Co-operative Audit – Member;

(d) Chief Accounts Offi cer, Tamil Nadu Sugar – Member;

Corporation

(e) Chief Sugar Chemist, Tamil Nadu Sugar – Member;

Corporation

(f) An Independent Auditor (to be nominated by – Member;

the Chairperson of the Board)

The Board or the Chairman of the audit committee with the permission of the

Board may appoint technical experts to the audit committee as and when

required.

(2) The audit committee shall, after publication of annual report of

each factory after closure of the fi nancial year, have the power to inspect

any sugar factory so as to ascertain the realisation of revenue in each sugar

factory.

(3) The audit committee after inspection of the sugar factory shall

submit a report to the Board.

Factors to be 14. The Board, while deciding revenue sharing based sugarcane price,

shall take into consideration the following factors, namely:—

(a) The recorded weight of the sugarcane delivered by the sugarcane

growers, actual revenue realized from production of sugar and by-products

namely bagasse, molasses, press-mud; and accounting sugarcane juice or

B-Heavy Molasses directly utilised for production of ethanol in terms of sugar.

taken into consider- ation by the Board for deciding rev- enue shar- ing based sugarcane price.

Explanation.— For the purpose of this section, revenue realised from

sugarcane crushed during the fi nancial year shall include actual production

of sugar and by-products, namely, bagasse, molasses, press-mud, and

sugarcane juice or B-Heavy molasses directly utilised for production of any

other produce, if any, which are suitably valued considering the sales, opening

and the closing stock though they may not have been sold. The revenue

realised through sale of white sugar or refi ned sugar and molasses produced

from raw sugar purchased from outside sources and also from the white

sugar or refi ned sugar and molasses produced from the raw sugar accounted

for revenue sharing based sugarcane price calculated during the previous

fi nancial year shall not be included for calculation of the revenue sharing

based cane price for the fi nancial year under consideration.

(b) The report of the audit committee shall be taken into consideration

for the determination of revenue sharing based sugarcane price.

Payment to

15. (1) As soon as the sugarcane is supplied to the occupier of factory,

he shall be liable to pay the Fair and Remunerative Price fi xed under the

sugarcane growers.

Sugarcane (Control) Order, 1966 within fourteen days from the date of receipt

of sugarcane.

(2) The payment shall be made on the basis of the recorded weight

of the sugarcane at the factory. The price of the sugarcane to be payable shall

be calculated to the nearest rupee.

(3) An occupier of factory shall be liable to make all payments due for

the sugarcane purchased by him and if he fails to make payments, he shall

be responsible for making such payment with interest as per clause 3 of the

Sugarcane (Control) Order, 1966 from the date when such payment falls due.

(4) (a) The cost of transportation of sugarcane from the fi eld to

factory shall be paid by the occupier of factory over and above the Fair and

Remunerative Price;

(b) The payment of cost of transportation by the occupier of

factory over and above the Fair and Remunerative Price shall be reviewed

after completion of every four years from the date of commencement of

this Act.

(5) (a) After the payment of Fair and Remunerative Price, further

price realised by revenue sharing as determined by the Board, shall be paid

within fourteen days from the date of publication of yearly ex-mill revenue

sharing based sugarcane prices and values. All other conditions for sugarcane

purchase payment shall be as per the provisions of the Sugarcane (Control)

Order, 1966.

(b) Every payment made by the occupier of factory under

this Act shall be paid to sugarcane growers through bank account only and

not in cash.

(c) For recovery of the dues with respect to Fair and Remunerative

Price, the provisions of the Sugarcane (Control) Order, 1966 shall

mutatis-mutandis be applicable for recovery of arrears of price realised by

revenue sharing.

16. (1) Any person contravening any of the provisions of this Act shall be

Offences and penalties.

punishable with fi ne which may extend to fi fty thousand rupees.

(2) Any occupier of factory who refuses to pay for any sugarcane

purchased by him the price payable in accordance with this Act or makes any

deduction from such price in contravention of this Act, shall be punishable with

imprisonment which may extend to six months or with fi ne which may extend

to fi fty thousand rupees or with both.

Offences by

17. (1) Where an offence under this Act has been committed by a company,

companies.

every person who at the time the offence was committed, was incharge of,

and was responsible to, the company for the conduct of the business of the

company, as well as the company, shall be deemed to be guilty of the offence

and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such

person liable to any punishment, if he proves that the offence was committed

without his knowledge or that he had exercised all due diligence to prevent the

commission of such offence.

(2) Notwithstanding anything contained in sub-section (1) where any

offence under this Act has been committed by a company and it is proved

that the offence has been committed with the consent or connivance of, or is

attributable to any neglect on the part of, any director, manager, secretary or

other offi cer of the company, such director, manager, secretary or other offi cer

shall be proceeded against and punished accordingly.

Explanation.— For the purposes of this section,—

(a) "company" means any body corporate and includes a fi rm or

other association of individuals; and

(b) "director" in relation to a fi rm means a partner in the fi rm.

Cognizance of 18. No court shall take cognizance of any offence punishable under

offence.

section 16, except upon a complaint made by an offi cer authorized by the

Commissioner.

19. (1) Any offence punishable under section 16 may, either before or Compounding of offences.

after the institution of the prosecution, be compounded by the Commissioner

or such other offi cer as may be authorised in this behalf by the Commissioner,

on payment, for credit to the State Government, of such sum as the

Commissioner or such other offi cer may specify:

Provided that such sum shall not, in any case, exceed the maximum

amount of fi ne which may be imposed under this Act for the offence so

compounded.

(2) Where an offence has been compounded under sub-section (1), no

proceeding or further proceeding, as the case may be, shall be taken against

the offender, in respect of the offence so compounded and the offender, if in

custody, shall be discharged forthwith.

20. The Commissioner, the members of the audit committee and every

offi cer appointed under this Act shall, when acting or purporting to act in

pursuance of the provisions of this Act, be deemed to be public servants

Central Act XLV

Commissioner and offi cers to be public servants.

of 1860.

within the meaning of section 21 of the Indian Penal Code.

Protection of 21. No suit, prosecution or other legal proceedings shall lie against the

audit committee, Board, Government or its offi cer for anything which is in

action taken in good faith.

good faith done or intended to be done under this Act or any rule or order

made thereunder.

Power of 22. (1) The Government may, in the public interest, by order, direct the

Board to make an enquiry into any case specifi ed in the order, and the Board

shall report to the Government the result of the enquiry made by it within such

Government to give direction.

period as may be prescribed.

(2) On receipt of the report from the Board, the Government shall give

such direction as they deem fi t and such direction shall be fi nal and binding.

Power to make

23. (1) The Government may, by notifi cation in the Tamil Nadu Government

rules.

Gazette, make rules for carrying into effect the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing

provisions, such rules may provide for,—

(a) the allowances payable to the nominated members of the

Board, the manner in which causal vacancies among them shall be fi lled and

the procedure for the conduct of its business in discharging its functions under

this Act;

(b) the correct weighment of sugarcane, the provision of facilities

for weighment and for checking weighments and timings of weighments;

(c) the method of determining the percentage of recovery of

sugar from sugarcane;

(d) the form of the records to be kept and of the returns to

be made, and the information to be furnished by persons liable to pay the

revenue based sugarcane price;

(e) the form in which any notice required shall be given;

(f) any other matter which is to be or may be prescribed under

this Act.

(3) Except when the rules are made for the fi rst time, all rules made

under this Act shall be subject to the condition of previous publication.

(4) Every rule made or notifi cation or order issued under this Act shall,

as soon as possible, after it is made or issued, be placed on the table of the

Legislative Assembly, and if, before the expiry of the session in which it is so

placed or the next session, the Legislative Assembly makes any modifi cation

in any such rule or notifi cation or order or the Legislative Assembly decides

that the rule or notifi cation or order should not be made or issued, the rule or

notifi cation or order shall thereafter have effect only in such modifi ed form or

be of no effect, as the case may be, so, however, that any such modifi cation

or annulment shall be without prejudice to the validity of anything previously

done under that rule or notifi cation or order.

Power to remove

24. If any diffi culty arises in giving effect to the provisions of this Act,

diffi culties.

the Government may, by order published in the Tamil Nadu Government

Gazette, make such provisions, not inconsistent with the provisions of this Act

as appears to them to be necessary or expedient for removing the diffi culty.

Provided that no order shall be made after the expiry of a period of

two years from the date of commencement of this Act.

(By Order of the Governor)

S.S. POOVALINGAM,

Secretary to Government,

Law Department.

The following Act of the Tamil Nadu Legislative Assembly received the

assent of the Governor on the 12th July 2018 and is hereby published

for general information:—

ACT No. 24 OF 2018.

An Act further to amend the Tamil Nadu Land Reforms

(Fixation of Ceiling on Land) Act, 1961.

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. (1) This Act may be called the Tamil Nadu Land Reforms (Fixation of Short title and Ceiling on Land) Amendment Act, 2018.

commencement.

(2) It shall come into force on such date as the State Government

may, by notifi cation, appoint.

Amendment of Tamil Nadu Act 58 of

2. In section 3 of the Tamil Nadu Land Reforms (Fixation of Ceiling on

section 3.

1961.

Land) Act, 1961 (hereinafter referred to as the principal Act), after clause 21,

the following clause shall be inserted, namely:—

"(21-A) "investment" means the investment as defi ned in the Tamil Nadu

Industrial Policy, from time to time;".

3. In section 5 of the principal Act, in sub-section (1),— Amendment of

section 5.

(1) in clause (a), for the expression "sub-sections (3-A), (3-B),

(3-C), (4) and (5)", the expression "clause (e), sub-sections (3-A), (3-B),

(3-C), (4) and (5)" shall be substituted;

(2) after clause (d), the following clause shall be added, namely:—

"(e) the ceiling area in the case of every industrial or commercial

undertaking, which invests more than twenty crores of rupees, shall be thirty

standard acres:

Provided that such land shall be dry land and the industrial or commercial

undertaking shall utilise the land for industrial or commercial purposes within

such period as may be prescribed and shall continue to use the said land for

industrial or commercial purpose.".

(By Order of the Governor)

S.S. POOVALINGAM,

Secretary to Government,

Law Department.

The following Act of the Tamil Nadu Legislative Assembly received the assent

of the Governor on the 12th July 2018 and is hereby published for general

information:—

ACT No. 25 OF 2018.

An Act to provide for the appropriation of Moneys out of the Consolidated Fund of

the State for the services and purposes of the financial year commenced on

the 1st day of April 2018.

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:-

Short title.

1. This Act may be called the Tamil Nadu Appropriation (No.3) Act, 2018.

Tamil Nadu Act 16 of 2018.

2. The State Government may appropriate out of the Consolidated Fund of the State for the services and purposes of the fi nancial year commenced on the 1st day of April 2018, a sum not exceeding Two lakh forty three thousand eight hundred forty seven crore twenty six lakh and twenty two thousand rupees, which shall be inclusive of the sum of One lakh fi fty thousand sixty one crore fi fteen lakh and twenty fi ve thousand ru- pees specifi ed in section 2 of the Tamil Nadu Appropriation (Vote on Account) Act, 2018, being moneys required to meet-

Appropriation out of the Consolidated Fund of the State for the services and purposes of the fi nancial year commenced on the 1st day of

April 2018.

(a) the grants made by the Tamil Nadu Legislative Assembly for the year, as set forth in column (3) of the Schedule; and

(b) the expenditure charged on the Consolidated Fund of the State for that year, as set forth in column (4) of the Schedule.

THE SCHEDULE

(See section 2)

( )

Sums not exceeding

Services and Purposes

Demand

Total

Voted by the

Legislative

Assembly

Charged on the

Consolidated Fund

of the State

Number

(1)

(2)

(3)

(5)

(4)

(cid:67)(cid:67)(cid:67)(cid:67) (cid:67)(cid:67)(cid:67)(cid:67) (cid:67)(cid:67)(cid:67)(cid:67) STATE LEGISLATURE

84,92,78,000

84,20,07,000

72,71,000

1

Revenue

Capital

...

...

...

1,000

1,000

...

Loan

GOVERNOR AND COUNCIL OF MINISTERS

50,60,92,000

38,15,67,000 12,45,25,000

2

Revenue

Capital

...

...

...

...

...

...

Loan

ADMINISTRATION OF JUSTICE

970,20,87,000

1,197,95,17,000

227,74,30,000

3

Revenue

Capital

...

...

...

...

...

...

Loan

Sums not exceeding

Services and Purposes

Demand

Total

Voted by the

Legislative

Assembly

Charged on the

Consolidated Fund

of the State

Number

(1)

(2)

(3)

(5)

(4)

(cid:67)(cid:67)(cid:67)(cid:67) (cid:67)(cid:67)(cid:67)(cid:67) (cid:67)(cid:67)(cid:67)(cid:67) AGRICULTURE DEPARTMENT

8,323,87,26,000

8,323,87,22,000

4,000

5

Revenue

Capital

461,87,96,000

461,87,96,000

...

130,50,00,000

130,50,00,000

...

Loan

1,171,10,65,000

1,171,10,68,000

3,000

6

Revenue

ANIMAL HUSBANDRY (Animal Husbandry, Dairying and Fisheries Department)

Capital

56,33,58,000

...

56,33,58,000

25,00,000

25,00,000

...

Loan

733,00,88,000

733,00,89,000

1,000

Revenue

7 FISHERIES (Animal Husbandry, Dairying and Fisheries Department)

Capital

283,52,09,000

...

283,52,09,000

...

...

...

Loan

65,82,30,000

65,82,31,000

1,000

8

Revenue

DAIRY DEVELOPMENT (Animal Husbandry, Dairying and Fisheries Department)

Capital

65,00,01,000

...

65,00,01,000

...

...

...

Loan

976,14,10,000

977,64,20,000

1,50,10,000

9

Revenue

BACKWARD CLASSES, MOST BACKWARD CLASSES AND MINORITIES WELFARE DEPARTMENT

Capital

22,78,06,000

...

22,78,06,000

1,000

1,000

...

Loan

366,32,09,000

366,32,12,000

3,000

10

Revenue

COMMERCIAL TAXES (Commercial Taxes and Registration Department)

Capital

...

...

...

1,000

1,000

...

Loan

304,98,76,000

304,98,77,000

1,000

11

Revenue

STAMPS AND REGISTRATION (Commercial Taxes and Registration Department)

Capital

...

...

...

...

...

...

Loan

1,732,38,68,000

1,732,38,71,000

3,000

Revenue

12 CO-OPERATION (Co-operation, Food and Consumer Protection Department)

Capital

60,31,33,000

...

60,31,33,000

12,37,82,000

12,37,82,000

...

Loan

6,164,77,57,000

6,164,77,53,000

4,000

13

Revenue

FOOD AND CONSUMER PROTECTION (Co-operation, Food and Consumer Protection Department)

Capital

133,96,40,000

...

133,96,40,000

...

...

...

Loan

ENERGY DEPARTMENT

8,334,02,11,000

8,334,02,12,000

1,000

Revenue

14

Capital

482,65,01,000

...

482,65,01,000

931,21,06,000

931,21,06,000

...

Loan

Sums not exceeding

Services and Purposes

Demand

Total

Voted by the

Legislative

Assembly

Charged on the

Consolidated Fund

of the State

Number

(1)

(2)

(3)

(5)

(4)

(cid:67)(cid:67)(cid:67)(cid:67) (cid:67)(cid:67)(cid:67)(cid:67) (cid:67)(cid:67)(cid:67)(cid:67) FINANCE DEPARTMENT

1,003,32,56,000

1,003,32,51,000

5,000

16

Revenue

Capital

770,00,00,000

770,00,00,000

...

131,22,04,000

131,22,04,000

...

Loan

1,239,22,40,000

1,239,22,41,000

1,000

17

Revenue

HANDLOOMS AND TEXTILES (Handlooms, Handicrafts, Textiles and Khadi Department)

Capital

50,01,000

...

50,01,000

1,00,07,000

1,00,07,000

...

Loan

227,45,73,000

227,45,71,000

2,000

18

Revenue

KHADI, VILLAGE INDUSTRIES AND HANDICRAFTS (Handlooms, Handicrafts, Textiles and Khadi Department)

Capital

...

...

...

1,000

1,000

...

Loan

HEALTH AND FAMILY WELFARE DEPARTMENT

11,021,75,00,000

11,023,03,78,000

1,28,78,000

19

Revenue

Capital

304,55,41,000

...

304,55,41,000

1,000

1,000

...

Loan

HIGHER EDUCATION DEPARTMENT

4,241,96,73,000

4,241,96,75,000

2,000

20

Revenue

Capital

378,23,69,000

2,000

378,23,71,000

2,000

2,000

...

Loan

HIGHWAYS AND MINOR PORTS DEPARTMENT

1,516,64,67,000

1,516,64,62,000

5,000

21

Revenue

Capital

9,557,00,86,000

9,557,00,88,000

2,000

2,000

2,000

...

Loan

POLICE (Home, Prohibition and Excise Department)

7,434,50,57,000

7,438,08,07,000

3,57,50,000

22

Revenue

Capital

434,50,05,000

...

434,50,05,000

5,00,03,000

5,00,03,000

...

Loan

302,80,31,000

302,80,30,000

1,000

23

Revenue

FIRE AND RESCUE SERVICES (Home, Prohibition and Excise Department)

Capital

44,78,38,000

44,78,38,000

...

1,000

1,000

...

Loan

PRISONS (Home, Prohibition and Excise Department)

306,80,01,000

306,80,07,000

6,000

24

Revenue

Capital

3,000

...

3,000

...

...

...

Loan

Sums not exceeding

Services and Purposes

Demand

Total

Voted by the

Legislative

Assembly

Charged on the

Consolidated Fund

of the State

Number

(1)

(2)

HOUSING AND URBAN DEVELOPMENT DEPARTMENT 26

(3)

(5)

(4)

(cid:67)(cid:67)(cid:67)(cid:67) (cid:67)(cid:67)(cid:67)(cid:67) (cid:67)(cid:67)(cid:67)(cid:67)

2,915,47,60,000 2,915,47,58,000

2,000

Revenue

Capital

889,29,15,000

889,29,15,000

...

1,360,00,03,000

1,360,00,03,000

...

Loan

INDUSTRIES DEPARTMENT

27

2,147,97,10,000

2,147,97,13,000

3,000

Revenue

Capital

6,000

...

6,000 162,33,11,000

162,33,11,000

...

Loan

28

87,40,35,000

87,40,35,000

...

Revenue

INFORMATION AND PUBLICITY (Tamil Development and Information Department)

Capital

20,00,00,000

...

20,00,00,000 ...

...

...

Loan

29

110,87,29,000

110,87,36,000

7,000

Revenue

TOURISM - ART AND CULTURE (Tourism, Culture and Religious Endowments Department)

Capital

62,54,81,000

...

62,54,81,000 1,000

1,000

...

Loan

30

122,44,05,000

122,53,08,000

9,03,000

Revenue

STATIONERY AND PRINTING (Tamil Development and Information Department)

Capital

5,000

...

5,000 ...

...

...

Loan

INFORMATION TECHNOLOGY DEPARTMENT 31

158,11,30,000

158,11,31,000

1,000

Revenue

Capital

...

...

...

1,000

1,000

...

Loan

LABOUR AND EMPLOYMENT DEPARTMENT 32

1,367,01,47,000

1,367,01,54,000

7,000

Revenue

Capital

62,60,47,000

...

62,60,47,000 1,000

1,000

...

Loan

LAW DEPARTMENT

33

35,22,35,000

35,22,36,000

1,000

Revenue

Capital

...

...

...

...

...

...

Loan

34

8,912,92,68,000

8,912,92,71,000

3,000

Revenue

MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT

Capital

6,343,97,09,000

...

6,343,97,09,000 505,13,57,000

505,13,57,000

...

Loan

Sums not exceeding

Services and Purposes

Demand

Total

Voted by the

Legislative

Assembly

Charged on the

Consolidated Fund

of the State

Number

(1)

(2)

36

(3)

(5)

(4)

(cid:67)(cid:67)(cid:67)(cid:67) (cid:67)(cid:67)(cid:67)(cid:67) (cid:67)(cid:67)(cid:67)(cid:67) 218,28,49,000

218,28,53,000

4,000

Revenue

PLANNING, DEVELOPMENT AND SPECIAL INITIATIVES DEPARTMENT

Capital

174,25,40,000

174,25,40,000

...

1,000

1,000

...

Loan

37

120,75,10,000

120,75,11,000

1,000

Revenue

PROHIBITION AND EXCISE (Home, Prohibition and Excise Department)

Capital

...

...

...

...

...

...

Loan

PUBLIC DEPARTMENT

38

460,93,63,000

461,29,67,000

36,04,000

Revenue

Capital

2,000

...

2,000 17,50,00,000

17,50,00,000

...

Loan

BUILDINGS (Public Works Department)

39

292,91,13,000

292,91,15,000

2,000

Revenue

Capital

1,189,77,16,000

...

1,189,77,16,000 1,000

1,000

...

Loan

IRRIGATION (Public Works Department)

40

2,035,15,65,000

2,035,15,67,000

2,000

Revenue

Capital

3,082,41,00,000 10,00,09,000

3,092,41,09,000 ...

...

...

Loan

41

5,934,20,21,000

5,934,20,34,000

13,000

Revenue

REVENUE AND DISASTER MANAGEMENT DEPARTMENT

Capital

210,37,41,000

1,000

210,37,42,000 1,000

1,000

...

Loan

42

15,783,08,11,000

15,783,08,16,000

5,000

Revenue

RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT

Capital

2,086,85,02,000

...

2,086,85,02,000 1,000

1,000

...

Loan

SCHOOL EDUCATION DEPARTMENT

43

26,866,68,21,000

26,866,68,38,000

17,000

Revenue

Capital

339,19,64,000

...

339,19,64,000 2,000

2,000

...

Loan

44

446,63,28,000

446,63,29,000

1,000

Revenue

MICRO, SMALL AND MEDIUM ENTERPRISES DEPARTMENT

Capital

94,03,01,000

...

94,03,01,000 1,000

1,000

...

Loan

Sums not exceeding

Services and Purposes

Demand

Total

Charged on the

Consolidated Fund

of the State

Voted by the

Legislative

Assembly

Number

(1)

(2)

46

(3)

(5)

(4)

(cid:67)(cid:67)(cid:67)(cid:67) (cid:67)(cid:67)(cid:67)(cid:67) (cid:67)(cid:67)(cid:67)(cid:67) 52,56,90,000

52,56,93,000

3,000

Revenue

TAMIL DEVELOPMENT (Tamil Development and Information Department)

Capital

...

...

...

1,000

1,000

...

Loan

47

266,16,61,000

269,16,61,000

3,00,00,000

Revenue

HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS (Tourism, Culture and Religious Endowments Department)

Capital

...

...

...

...

...

...

Loan

TRANSPORT DEPARTMENT

901,05,50,000

901,05,53,000

3,000

Revenue

48

Capital

791,28,87,000

...

791,28,87,000 1,025,00,01,000

1,025,00,01,000

...

Loan

49

191,17,56,000

191,17,57,000

1,000

Revenue

YOUTH WELFARE AND SPORTS DEVELOPMENT DEPARTMENT

Capital

...

...

...

1,000

1,000

...

Loan

PENSION AND OTHER RETIREMENT BENEFITS 50

27,480,71,26,000

27,500,36,18,000

19,64,92,000

Revenue

Capital

...

...

...

...

...

...

Loan

RELIEF ON ACCOUNT OF NATURAL CALAMITIES 51

786,01,30,000

786,01,32,000

2,000

Revenue

Capital

...

...

...

...

...

...

Loan

52

537,05,98,000 537,05,97,000

1,000

Revenue

DEPARTMENT FOR THE WELFARE OF DIFFERENTLY ABLED PERSONS

Capital

8,15,27,000

8,15,27,000

...

1,000

1,000

...

Loan

53

761,06,88,000

761,06,89,000

1,000

Revenue

DEPARTMENT OF SPECIAL PROGRAMME IMPLEMENTATION

Capital

...

...

...

1,000

1,000

...

Loan

FORESTS (Environment and Forests Department) 54

436,59,65,000

436,59,67,000

2,000

Revenue

Capital

163,87,60,000

...

163,87,60,000 ...

...

...

Loan

Sums not exceeding

Services and Purposes

Demand

Total

Charged on the

Consolidated Fund

of the State

Voted by the

Legislative

Assembly

Number

(1)

(2)

(3)

(5)

(4)

(cid:67)(cid:67)(cid:67)(cid:67) (cid:67)(cid:67)(cid:67)(cid:67) (cid:67)(cid:67)(cid:67)(cid:67) PUBLIC DEBT - REPAYMENT

...

...

...

Revenue

Capital

...

...

...

15,325,87,66,000

15,325,87,66,000...

Loan

30,022,08,29,000

Revenue

165,429,35,22,000

195,451,43,51,000

Total

10,00,14,000

28,767,92,03,000

28,757,91,89,000

Capital

19,627,90,68,000

15,325,87,66,000

4,302,03,02,000

Loan

Grand Total

243,847,26,22,000

198,489,30,13,000

45,357,96,09,000

(By order of the Governor)

S.S. POOVALINGAM, Secretary to Government, Law Department.

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