249-Ex-IV-2—1

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. 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

[ 87 ]

Pages.

ACTS :

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

(Regulation) Act, 2018

88-90

No. 23 of 2018—The Tamil Nadu Sugarcane (Regulation of Purchase Price)

Act, 2018 ..

91-100

No. 24 of 2018—The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)

Amendment Act, 2018

101-102

No. 25 of 2018—The Tamil Nadu Appropriation (No.3) Act, 2018 ..

103-109

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

commencement.

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

Colleges (Regulation) Act, 2018.

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

notiﬁ cation, appoint.

Deﬁ nitions.

In this Act, unless the context otherwise requires,-

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

(b) “Government” means the State Government;

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

other academic distinctions of the University;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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

Tamil Nadu Act

43 of 1997.

(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

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

1996.

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

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

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

Establishment of

Law College.

(1) Every private person who proposes to establish a law college shall

make an application to the competent authority.

Application for

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;

(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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Grant of

permission.

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

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

laws not barred.

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

provisions of any other law for the time being in force.

Power to make

rules.

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

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.

Repeal.

(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,

2014 is hereby repealed.

Tamil Nadu Act 13

of 2014.

(By Order of the Governor)

S.S. POOVALINGAM,

Secretary to Government,

Law Department.

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. 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;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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

or from the dewatering mills of diffusion plant;

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;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(q) “sugarcane” means sugarcane intended for use in a

factory;

Tamil Nadu Act

30 of 1983.

(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

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

perform such functions assigned to it under this Act.

Constitution of

Sugarcane

Control Board.

(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;

(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;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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

Terms and

conditions of

appointment

of nominated

members of

the Board.

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

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

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

Board.

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

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

Board.

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

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

sugarcane growers, by the concerned sugar factories;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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

in respect of the regulation of the purchase of sugarcane;

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

1908.

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

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:—

Powers of the

Board.

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

examining him on oath;

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

(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.

Tamil Nadu Act II

of 1864.

(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

Recovery Act, 1864.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Powers of the

Government

to declare rev-

enue sharing

based sugar-

cane price.

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.

Calculation

of revenue

sharing based

sugarcane

price and

payment.

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

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.

Power to declare

any variety of

sugarcane to

be unsuitable

for use in

factories.

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.

Prohibition of

distribution

of certain

varieties of

seeds.

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

declared by the Government as unsuitable under section 10.

Purchase of

sugarcane in

reserved area.

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

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).

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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,—

Audit

committee

for the

calculation

of revenue

realisation.

(a)

Commissioner

–

Chairman;

(b)

Managing Director, Tamil Nadu Co-operative

Sugar Federation

–

Convenor;

(c)

Director, Co-operative Audit

–

Member;

(d)

Chief Accounts Ofﬁ cer, Tamil Nadu Sugar

Corporation

–

Member;

(e)

Chief Sugar Chemist, Tamil Nadu Sugar

Corporation

–

Member;

(f)

An Independent Auditor (to be nominated by

the Chairperson of the Board)

–

Member;

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.

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.

Factors to be

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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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

for the determination of revenue sharing based sugarcane price.

Payment to

sugarcane

growers.

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 (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.

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

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

revenue sharing.

Offences and

penalties.

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

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

companies.

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

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:

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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.

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

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

Commissioner.

Cognizance of

offence.

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

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:

Compounding

of offences.

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.

Central Act XLV

of 1860.

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

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

Commissioner

and ofﬁ cers

to be public

servants.

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

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

made thereunder.

Protection of

action taken

in good faith.

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

period as may be prescribed.

Power of

Government

to give

direction.

(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.

100

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Power to make

rules.

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

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;

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

difﬁ culties.

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

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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

101

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

Ceiling on Land) Amendment Act, 2018.

Short title and

commencement.

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

may, by notiﬁ cation, appoint.

Tamil Nadu Act 58 of

1961.

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

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

the following clause shall be inserted, namely:—

Amendment of

section 3.

“(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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

103

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 ﬁ nancial 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:-

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

(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)

Short title.

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.

Demand

Number

Services and Purposes

Sums not exceeding

(4)

Voted by the

Legislative

Assembly

Total

Charged on the

Consolidated Fund

of the State

(5)

(3)

(2)

(1)

(

)

STATE LEGISLATURE

72,71,000

84,20,07,000

...

...

...

1,000

Revenue

Capital

Loan

84,92,78,000

...

1,000

GOVERNOR AND COUNCIL OF MINISTERS

12,45,25,000

38,15,67,000

...

...

...

...

Revenue

Capital

Loan

50,60,92,000

...

ADMINISTRATION OF JUSTICE

227,74,30,000

970,20,87,000

...

...

...

...

Revenue

Capital

Loan

1,197,95,17,000

...

ADI-DRAVIDAR AND TRIBAL WELFARE DEPARTMENT

14,00,03,000

3,394,90,41,000

...

140,74,96,000

...

1,000

Revenue

Capital

Loan

3,408,90,44,000

140,74,96,000

1,000

Tamil Nadu Act

16 of 2018.

104

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

ANIMAL HUSBANDRY (Animal Husbandry, Dairying and

Fisheries Department)

3,000

1,171,10,65,000

...

56,33,58,000

...

25,00,000

Revenue

Capital

Loan

1,171,10,68,000

56,33,58,000

25,00,000

FISHERIES (Animal Husbandry, Dairying and Fisheries

Department)

1,000

733,00,88,000

...

283,52,09,000

...

...

Revenue

Capital

Loan

733,00,89,000

283,52,09,000

...

DAIRY DEVELOPMENT (Animal Husbandry, Dairying and

Fisheries Department)

1,000

65,82,30,000

...

65,00,01,000

...

...

Revenue

Capital

Loan

65,82,31,000

65,00,01,000

...

BACKWARD CLASSES, MOST BACKWARD CLASSES

AND MINORITIES WELFARE DEPARTMENT

1,50,10,000

976,14,10,000

...

22,78,06,000

...

1,000

Revenue

Capital

Loan

977,64,20,000

22,78,06,000

1,000

COMMERCIAL TAXES (Commercial Taxes and

Registration Department)

3,000

366,32,09,000

...

...

...

1,000

Revenue

Capital

Loan

366,32,12,000

...

1,000

STAMPS AND REGISTRATION (Commercial Taxes and

Registration Department)

1,000

304,98,76,000

...

...

...

...

Revenue

Capital

Loan

304,98,77,000

...

CO-OPERATION (Co-operation, Food and Consumer

Protection Department)

3,000

1,732,38,68,000

...

60,31,33,000

...

12,37,82,000

Revenue

Capital

Loan

1,732,38,71,000

60,31,33,000

12,37,82,000

FOOD AND CONSUMER PROTECTION (Co-operation,

Food and Consumer Protection Department)

4,000

6,164,77,53,000

...

133,96,40,000

...

...

Revenue

Capital

Loan

6,164,77,57,000

133,96,40,000

...

ENERGY DEPARTMENT

1,000

8,334,02,11,000

...

482,65,01,000

...

931,21,06,000

Revenue

Capital

Loan

8,334,02,12,000

482,65,01,000

931,21,06,000

ENVIRONMENT (Environment and Forests Department)

1,000

15,69,03,000

...

13,18,00,000

...

20,00,01,000

Revenue

Capital

Loan

15,69,04,000

13,18,00,000

20,00,01,000

Demand

Number

Services and Purposes

Sums not exceeding

(4)

Voted by the

Legislative

Assembly

Total

Charged on the

Consolidated Fund

of the State

(5)

(3)

(2)

(1)

AGRICULTURE DEPARTMENT

4,000

8,323,87,22,000

...

461,87,96,000

...

130,50,00,000

Revenue

Capital

Loan

8,323,87,26,000

461,87,96,000

130,50,00,000

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

105

Demand

Number

Services and Purposes

Sums not exceeding

(4)

Voted by the

Legislative

Assembly

Total

Charged on the

Consolidated Fund

of the State

(5)

(3)

(2)

(1)

FINANCE DEPARTMENT

5,000

1,003,32,51,000

...

770,00,00,000

...

131,22,04,000

Revenue

Capital

Loan

1,003,32,56,000

770,00,00,000

131,22,04,000

HANDLOOMS AND TEXTILES (Handlooms, Handicrafts,

Textiles and Khadi Department)

1,000

1,239,22,40,000

...

50,01,000

...

1,00,07,000

Revenue

Capital

Loan

1,239,22,41,000

50,01,000

1,00,07,000

KHADI, VILLAGE INDUSTRIES AND HANDICRAFTS

(Handlooms, Handicrafts, Textiles and Khadi Department)

2,000

227,45,71,000

...

...

...

1,000

Revenue

Capital

Loan

227,45,73,000

...

1,000

HEALTH AND FAMILY WELFARE DEPARTMENT

1,28,78,000

11,021,75,00,000

...

304,55,41,000

...

1,000

Revenue

Capital

Loan

11,023,03,78,000

304,55,41,000

1,000

HIGHER EDUCATION DEPARTMENT

2,000

4,241,96,73,000

2,000

378,23,69,000

...

2,000

Revenue

Capital

Loan

4,241,96,75,000

378,23,71,000

2,000

HIGHWAYS AND MINOR PORTS DEPARTMENT

5,000

1,516,64,62,000

2,000

9,557,00,86,000

...

2,000

Revenue

Capital

Loan

1,516,64,67,000

9,557,00,88,000

2,000

POLICE (Home, Prohibition and Excise Department)

3,57,50,000

7,434,50,57,000

...

434,50,05,000

...

5,00,03,000

Revenue

Capital

Loan

7,438,08,07,000

434,50,05,000

5,00,03,000

FIRE AND RESCUE SERVICES (Home, Prohibition and

Excise Department)

1,000

302,80,30,000

...

44,78,38,000

...

1,000

Revenue

Capital

Loan

302,80,31,000

44,78,38,000

1,000

PRISONS (Home, Prohibition and Excise Department)

6,000

306,80,01,000

...

3,000

...

...

Revenue

Capital

Loan

306,80,07,000

3,000

...

MOTOR VEHICLES ACTS-ADMINISTRATION (Home,

Prohibition and Excise Department)

1,000

345,70,80,000

...

1,000

...

...

Revenue

Capital

Loan

345,70,81,000

1,000

...

106

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Demand

Number

Services and Purposes

Sums not exceeding

(4)

Voted by the

Legislative

Assembly

Total

Charged on the

Consolidated Fund

of the State

(5)

(3)

(2)

(1)

HOUSING AND URBAN DEVELOPMENT DEPARTMENT

2,000

2,915,47,58,000

...

889,29,15,000

...

1,360,00,03,000

Revenue

Capital

Loan

2,915,47,60,000

889,29,15,000

1,360,00,03,000

INDUSTRIES DEPARTMENT

3,000

2,147,97,10,000

...

6,000

...

162,33,11,000

Revenue

Capital

Loan

2,147,97,13,000

6,000

162,33,11,000

INFORMATION AND PUBLICITY (Tamil Development and

Information Department)

...

87,40,35,000

...

20,00,00,000

...

...

Revenue

Capital

Loan

87,40,35,000

20,00,00,000

...

TOURISM - ART AND CULTURE (Tourism, Culture and

Religious Endowments Department)

7,000

110,87,29,000

...

62,54,81,000

...

1,000

Revenue

Capital

Loan

110,87,36,000

62,54,81,000

1,000

STATIONERY AND PRINTING (Tamil Development and

Information Department)

9,03,000

122,44,05,000

...

5,000

...

...

Revenue

Capital

Loan

122,53,08,000

5,000

...

INFORMATION TECHNOLOGY DEPARTMENT

1,000

158,11,30,000

...

...

...

1,000

Revenue

Capital

Loan

158,11,31,000

...

1,000

LABOUR AND EMPLOYMENT DEPARTMENT

7,000

1,367,01,47,000

...

62,60,47,000

...

1,000

Revenue

Capital

Loan

1,367,01,54,000

62,60,47,000

1,000

LAW DEPARTMENT

1,000

35,22,35,000

...

...

...

...

Revenue

Capital

Loan

35,22,36,000

...

MUNICIPAL ADMINISTRATION AND WATER SUPPLY

DEPARTMENT

3,000

8,912,92,68,000

...

6,343,97,09,000

...

505,13,57,000

Revenue

Capital

Loan

8,912,92,71,000

6,343,97,09,000

505,13,57,000

PERSONNEL AND ADMINISTRATIVE REFORMS

DEPARTMENT

66,62,97,000

102,78,32,000

...

1,000

...

50,00,000

Revenue

Capital

Loan

169,41,29,000

1,000

50,00,000

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

107

Demand

Number

Services and Purposes

Sums not exceeding

(4)

Voted by the

Legislative

Assembly

Total

Charged on the

Consolidated Fund

of the State

(5)

(3)

(2)

(1)

PLANNING, DEVELOPMENT AND SPECIAL INITIATIVES

DEPARTMENT

4,000

218,28,49,000

...

174,25,40,000

...

1,000

Revenue

Capital

Loan

218,28,53,000

174,25,40,000

1,000

PROHIBITION AND EXCISE (Home, Prohibition and

Excise Department)

1,000

120,75,10,000

...

...

...

...

Revenue

Capital

Loan

120,75,11,000

...

PUBLIC DEPARTMENT

36,04,000

460,93,63,000

...

2,000

...

17,50,00,000

Revenue

Capital

Loan

461,29,67,000

2,000

17,50,00,000

BUILDINGS (Public Works Department)

2,000

292,91,13,000

...

1,189,77,16,000

...

1,000

Revenue

Capital

Loan

292,91,15,000

1,189,77,16,000

1,000

IRRIGATION (Public Works Department)

2,000

2,035,15,65,000

10,00,09,000

3,082,41,00,000

...

...

Revenue

Capital

Loan

2,035,15,67,000

3,092,41,09,000

...

REVENUE AND DISASTER MANAGEMENT

DEPARTMENT

13,000

5,934,20,21,000

1,000

210,37,41,000

...

1,000

Revenue

Capital

Loan

5,934,20,34,000

210,37,42,000

1,000

RURAL DEVELOPMENT AND PANCHAYAT RAJ

DEPARTMENT

5,000

15,783,08,11,000

...

2,086,85,02,000

...

1,000

Revenue

Capital

Loan

15,783,08,16,000

2,086,85,02,000

1,000

SCHOOL EDUCATION DEPARTMENT

17,000

26,866,68,21,000

...

339,19,64,000

...

2,000

Revenue

Capital

Loan

26,866,68,38,000

339,19,64,000

2,000

MICRO, SMALL AND MEDIUM ENTERPRISES

DEPARTMENT

1,000

446,63,28,000

...

94,03,01,000

...

1,000

Revenue

Capital

Loan

446,63,29,000

94,03,01,000

1,000

SOCIAL WELFARE AND NUTRITIOUS MEAL

PROGRAMME DEPARTMENT

3,000

5,582,28,27,000

...

29,34,01,000

...

2,000

Revenue

Capital

Loan

5,582,28,30,000

29,34,01,000

2,000

108

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Demand

Number

Services and Purposes

Sums not exceeding

(4)

Voted by the

Legislative

Assembly

Total

Charged on the

Consolidated Fund

of the State

(5)

(3)

(2)

(1)

TAMIL DEVELOPMENT (Tamil Development and

Information Department)

3,000

52,56,90,000

...

...

...

1,000

Revenue

Capital

Loan

52,56,93,000

...

1,000

HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS

(Tourism, Culture and Religious Endowments Department)

3,00,00,000

266,16,61,000

...

...

...

...

Revenue

Capital

Loan

269,16,61,000

...

TRANSPORT DEPARTMENT

3,000

901,05,50,000

...

791,28,87,000

...

1,025,00,01,000

Revenue

Capital

Loan

901,05,53,000

791,28,87,000

1,025,00,01,000

YOUTH WELFARE AND SPORTS DEVELOPMENT

DEPARTMENT

1,000

191,17,56,000

...

...

...

1,000

Revenue

Capital

Loan

191,17,57,000

...

1,000

PENSION AND OTHER RETIREMENT BENEFITS

19,64,92,000

27,480,71,26,000

...

...

...

...

Revenue

Capital

Loan

27,500,36,18,000

...

RELIEF ON ACCOUNT OF NATURAL CALAMITIES

2,000

786,01,30,000

...

...

...

...

Revenue

Capital

Loan

786,01,32,000

...

DEPARTMENT FOR THE WELFARE OF DIFFERENTLY

ABLED PERSONS

1,000

537,05,97,000

...

8,15,27,000

...

1,000

Revenue

Capital

Loan

537,05,98,000

8,15,27,000

1,000

DEPARTMENT OF SPECIAL PROGRAMME

IMPLEMENTATION

1,000

761,06,88,000

...

...

...

1,000

Revenue

Capital

Loan

761,06,89,000

...

1,000

FORESTS (Environment and Forests Department)

2,000

436,59,65,000

...

163,87,60,000

...

...

Revenue

Capital

Loan

436,59,67,000

163,87,60,000

...

DEBT CHARGES

29,671,05,36,000

...

...

...

...

...

Revenue

Capital

Loan

29,671,05,36,000

...

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

109

Demand

Number

Services and Purposes

Sums not exceeding

(4)

Voted by the

Legislative

Assembly

Total

Charged on the

Consolidated Fund

of the State

(5)

(3)

(2)

(1)

PUBLIC DEBT - REPAYMENT

...

...

...

...

15,325,87,66,000

...

Revenue

Capital

Loan

...

15,325,87,66,000

195,451,43,51,000

165,429,35,22,000

28,767,92,03,000

19,627,90,68,000

Revenue

Capital

Loan

Total

Grand Total

243,847,26,22,000

28,757,91,89,000

4,302,03,02,000

198,489,30,13,000

30,022,08,29,000

10,00,14,000

15,325,87,66,000

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