ACTS - No. 26 of 2018 and No. 34 of 2018

© GOVERNMENT OF TAMIL NADU 2018

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

[R. Dis. No. 197/2009.

[Price: Rs. 24.00 Paise.

No. 251] CHENNAI, FRIDAY, JULY 13, 2018 Aani 29, Vilambi, Thiruvalluvar Aandu–2049

Part IV—Section 2

Tamil Nadu Acts and Ordinances

CONTENTS

Pages.

ACTS :

No. 26 of 2018—The Tamil Nadu Industrial Establishments (National, Festival and Special Holidays) Amendment Act, 2018. .. .. .. .. .. .. 112 No. 27 of 2018— The Tamil Nadu Shops and Establishments (Amendment) Act, 2018. .. 113-116 No. 28 of 2018— The Tamil Nadu Repealing Act, 2018. .. .. .. .. .. ..

117-120 No. 29 of 2018—The Tamil Nadu Repealing and Amending Act, 2018. .. .. ..

121-124 No. 30 of 2018—The Tamil Nadu Town and Country Planning (Second Amendment) Act, 2018.

.. .. .. .. .. .. 125-128 No. 31 of 2018—The Tamil Nadu Town and Country Planning (Third Amendment) Act, 2018. 129-140 No. 32 of 2018—The Tamil Nadu District Municipalities (Amendment) Act, 2018. .. ..

141-142 No. 33 of 2018—The Tamil Nadu Lokayukta Act 2018. .. .. .. .. .. ..

143-168 No. 34 of 2018—The Tamil Nadu National Law School (Amendment) Act, 2018. .. ..

169 251-Ex-IV-2—1

[ 111 ]112 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY The following Act of the Tamil Nadu Legislative Assembly received

the assent of the Governor on the 13th July 2018 and is hereby

published for general information:—

ACT No. 26 OF 2018.

An Act further to amend the Tamil Nadu Industrial Establishments

(National, Festival and Special Holidays) Act, 1958.

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 Industrial Establishments

commencement. (National, Festival and Special Holidays) Amendment Act, 2018.

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

by notifi cation, appoint.

Tamil Nadu Act Amendment of

2. In section 8 of the Tamil Nadu Industrial Establishments (National,

XXXIII of 1958.

section 8.

Festival and Special Holidays) Act, 1958 (hereinafter referred to as the principal

Act),--

(1) for the expression "one thousand rupees" at two places where it

occurs, the expression "fi ve thousand rupees" shall be substituted;

(2) for the expression "two thousand and fi ve hundred rupees", the

expression "ten thousand rupees" shall be substituted.

Amendment of

3. In section 9 of the principal Act, for the expression "fi ve hundred

section 9.

rupees", the expression "one thousand rupees" shall be substituted.

Amendment of

4. In section 12 of the principal Act, in sub-section (2), for the expression

section 12.

"fi ve hundred rupees", the expression "fi ve thousand rupees" shall be

substituted.

(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 13th July 2018 and is hereby published for general information:—

ACT No. 27 OF 2018.

An Act further to amend the Tamil Nadu Shops and Establishments

Act, 1947.

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 Shops and Establishments Short title and (Amendment) Act, 2018.

commencement.

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

notifi cation, appoint.

Tamil Nadu Act

2. In section 2 of the Tamil Nadu Shops and Establishments Act, 1947 Amendment of

section 2.

XXXVI of 1947. (hereinafter referred to as the principal Act), after clause (17), the following clause

shall be inserted, namely:—

"(17-a) "time" means the Indian Standard Time which is fi ve and a half

hours ahead of Greenwich Mean Time;".

3. For section 3 of the principal Act, the following sections shall be Substitution of substituted, namely:—

section 3.

"3. Registration of shops and establishments.— (1) On and from the date

of commencement of the Tamil Nadu Shops and Establishments (Amendment) Act,

2018, employer of every establishment employing ten or more workers shall, within

a period of six months from the date of commencement of his business, apply for

registration and obtain a registration certifi cate.

(2) Every application for registration under sub-section (1) shall be in such

form and in such manner as may be prescribed.

(3) The inspector on receipt of an application under sub-section (2), register

the establishment and issue a registration certifi cate to the employer in such form

as may be prescribed.

(4) The inspector shall maintain the Register of establishments and the

registration certifi cate issued by the inspector shall be prominently displayed in the

establishment by the employer.

(5) (a) The registration certifi cate shall be valid for a period of fi ve years

and shall be renewable once in fi ve years on payment of such fees as may be

prescribed and the provisions of sub-sections (2) and (3) shall apply for the renewal

of registration certifi cate;

(b) Every employer shall apply for renewal of his registration certifi cate

before thirty days from the date of expiry of the period of validity of the registration

certifi cate.

(6) If registration or renewal of a registration certifi cate is not issued within

a period of thirty days from the date of receipt of application by the inspector, the

registration certifi cate shall be deemed to have been granted or renewed, as the

case may be, under this Act.

(7) The employer shall give intimation to the inspector, of any change in any

of the particulars furnished in the application form submitted under sub-section

(2), within a period of thirty days of such change. The inspector shall on receipt of

such intimation shall amend the registration certifi cate or issue a fresh registration

certifi cate.

(8) The employer shall, within a period of thirty days of the closure of the

establishment, give intimation of such closure to the inspector and on receipt of

such intimation, he shall cancel the registration certifi cate:

Provided that where the inspector is satisfi ed otherwise than on receipt of such

intimation, that the establishment has been closed, he shall cancel such registration

certifi cate.

(9) Notwithstanding anything contained in sub-section (1) employer of

every existing establishment employing ten or more workers on the date of

commencement of the Tamil Nadu Shops and Establishments (Amendment) Act,

2018 shall intimate the details of the establishment along with a self declaration

in such form as may be prescribed to the inspector, within a period of six months

from the date of commencement of the Tamil Nadu Shops and Establishments

(Amendment) Act, 2018. The inspector shall after recording the intimation

furnished by the employer in the register, issue a registration certifi cate.

3-A. Intimation of shops and establishments employing less than ten

workers.— (1) Employer of every establishment employing less than ten workers

shall, within a period of six months from the date of commencement of the Tamil

Nadu Shops and Establishments (Amendment) Act, 2018 or within a period of six

months from the date of commencement of his business, give intimation of his

business in such form and in such manner as may be prescribed, to the inspector.

The inspector shall record the particulars furnished by the employer in such register

as may be prescribed:

Provided that, if at any point of time, the numbers of workers engaged in

the establishment become ten or more, then all the provisions of this Act shall

apply to such establishment and the employer of such establishment shall apply for

registration and obtain a registration certifi cate as per the provisions of section 3.

(2) The employer of an establishment employing less than ten workers shall,

within a period of thirty days of the closure of the establishment give intimation

of such closure to the inspector. The inspector, on receiving the information shall

remove the entry of such establishment from the register maintained by him.".

Amendment of

4. In section 9 of the principal Act, in the proviso to sub-section (1), for the

section 9.

expressions "ten hours" and "fi fty-four hours", the expressions "ten and a half hours"

and "fi fty-seven hours" shall, respectively, be substituted.

Amendment of

5. In section 14 of the principal Act, in the proviso to sub-section (1), for the

section 14.

expressions "ten hours" and "fi fty-four hours", the expressions "ten and a half hours"

and "fi fty-seven hours" shall, respectively, be substituted.

Amendment of

6. In section 45 of the principal Act, for the expression "sections 7 to 11, 13 to

section 45.

23, 25, 26, 29 to 41 and 47", the expression "sections 3, 3-A, 7 to 11, 13 to 23, 25,

26, 29 to 41 and 47" shall be substituted.

7. After section 47 of the principal Act, the following section shall be inserted, Insertion of new namely:—

section 47-A.

"47-A. Annual Return.— Every employer of an establishment shall furnish an

annual return, in such form and manner to such authority as may be prescribed.".

Amendment of 8. In section 49 of the principal Act, in sub-section (2), for the expression

section 49.

"which may extend to fi fty rupees", the expression "which may extend to two

thousand rupees" shall be substituted.

9. After section 50 of the principal Act, the following section shall be inserted, Insertion of new namely:—

section 50-A.

"50-A. Prohibition of discrimination against women employee.— No

woman employee shall be discriminated in matters of recruitment, training,

transfers, promotions or wages.".

(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 13th July 2018 and is hereby published for general information:—

ACT No. 28 OF 2018.

An Act to repeal certain enactments.

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

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

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

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

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

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

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

enactments.

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

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

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

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

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

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

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

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

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

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

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

enactment hereby repealed;

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

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

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

THE SCHEDULE.

REPEALS.

(See section 2)

Year.

Number.

Short Title.

Extent of

Repeal.

(1)

(2)

(3)

(4)

President's Acts.

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

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

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

Tamil Nadu Acts.

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

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

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

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

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

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

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

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

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

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

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

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

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

1987 5 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 1987.

1989 35 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 1989.

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

Year.

Number.

Short Title.

Extent of

Repeal.

(1)

(2)

(3)

(4) 1990 3 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Laws (Amendment) Act, 1990.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1997 6 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Amendment Act, 1997.

1997 25 The Tamil Nadu Co-operative Societies (Appointment of The Whole Special Offi cers) Second Amendment Act, 1997.

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

Year.

Number.

Short Title.

Extent of

Repeal.

(1)

(2)

(3)

(4) 1998 56 The Tamil Nadu Co-operative Societies (Appointment of Special The Whole Offi cers) Second Amendment Act, 1998.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Whole 2011 3 The Tamil Nadu Co-operative Societies (Appointment of Special

Offi cers) Amendment Act, 2011.

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

2012 1 The Tamil Nadu Co-operative Societies (Appointment of Special The Whole Offi cers) Amendment Act, 2012.

2012 33 The Tamil Nadu Co-operative Societies (Appointment of Special The Whole Offi cers) Second Amendment Act, 2012.

(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 13th July 2018 and is hereby published for general information:—

ACT No. 29 OF 2018.

An Act to repeal certain enactments and to amend an enactment.

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

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

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

repealed;

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

enactment specifi ed in the Second Schedule;

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

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

Short title.

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

2018.

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

certain

enactments.

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

an enactment.

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

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

to;

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

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

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

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

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

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

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

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

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

from any enactment hereby repealed;

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

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

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

FIRST SCHEDULE.

REPEALS.

(See section 2)

Year.

(1)

Number.

(2)

Short Title.

(3)

Extent of

Repeal.

(4)

Central Acts of Local Application.

1837 XXXVI The Tamil Nadu Public Property Malversation Act, 1837. The Whole.

1925 XXXV The Tamil Nadu, Bengal and Bombay Children The Whole.

(Supplementary) Act, 1925.

Tamil Nadu Regulations.

1802 III The Tamil Nadu Administration of Estates Regulation, 1802. The Whole.

1802 XIX The Indian Civil Service (Tamil Nadu) Loans Prohibition The Whole.

Regulation, 1802.

1802 XXV The Tamil Nadu Permanent Settlement Regulation, 1802. The Whole.

1816 XII The Tamil Nadu Village-Lands Disputes Regulation, 1816. The Whole.

1817 VII The Tamil Nadu Endowments and Escheats Regulation, The Whole.

1817.

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

Regulation, 1817.

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

Regulation, 1822.

1829 V The Tamil Nadu Hindu Wills Regulation, 1829. The Whole.

1831 V The Tamil Nadu Stamp Penalties Regulation, 1831. The Whole.

SECOND SCHEDULE.

AMENDMENT.

(See section 3)

Year.

(1)

Number.

(2)

Short Title.

(3)

Amendment.

(4)

Tamil Nadu Act.

1864 II The Tamil Nadu Revenue

Recovery Act, 1864.

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

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

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

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

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

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

(By Order of the Governer)

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 13th July 2018 and is hereby published for general information:—

ACT No. 30 OF 2018.

An Act further to amend the Tamil Nadu Town and Country

Planning Act, 1971.

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 Town and Country

commencement.

Planning (Second Amendment) Act, 2018.

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

may, by notifi cation, appoint.

Amendment of 2. In section 2 of the Tamil Nadu Town and Country Planning Act,

Tamil Nadu Act 35 of 1972.

section 2.

1971 (hereinafter referred to as the principal Act),—

(1) after clause (15), the following clauses shall be inserted,

namely:—

"(15-A) "development right certifi cate" means the certifi cate to be issued under the signature of the Member-Secretary of the Planning Authorities including digital signature, indicating the fl oor space index credit in square metres of the built-up area to which the owner or lessee is entitled, the place from where it is generated and the rate of that plot as prescribed in the guideline value issued by the Registration Department for the relevant year;

(15-B) "development rights" means the right to carry out development or to develop land or building or both in the area specifi ed in the development right certifi cate;".

(2) after clause (17), the following clause shall be inserted,

namely:—

"(17-A) "fl oor space index" means the quotient obtained by dividing the total covered area (plinth) on all the fl oors excepting the areas specifi cally exempted by notifi cation by the plot area, i.e.

Total covered area on all fl oors Plot area;".

Floor space index =

(3) after clause (45), the following clause shall be inserted,

namely:—

"(45-A) "transfer of development rights" means compensation in the form of additional fl oor space index or development rights, which shall entitle the owner for construction of additional built-up area, subject to such rules and regulations as the Government or an authority under this Act may prescribe and the fl oor space index credit shall be issued in such form as may be prescribed.".

3. After section 35 of the principal Act, the following section shall

Insertion of new section 35-A. be inserted, namely:—

"35-A. Transfer of development rights.— (1) Where any area is required by a planning authority for a public purpose and the owner of any site or land which comprises such area, surrenders it free of cost and hands over possession of the same to the planning authority free from encumbrances, or maintains the land or restricts development on the land as per the requirement of the Government, the planning authority may permit the transfer of development rights in proportion to the land area surrendered or the restrictions placed on developments in the manner prescribed.

(2) The development rights so permitted under sub-section (1) may be utilized either on the remaining portion of the area after the surrender if feasible, or at any other location in the State equivalent in value of land, subject to such conditions as may be prescribed, either by the person surrendering the land or suffering the restriction or any other person to whom the original allottee of the development rights has transferred such rights.".

4. For sections 36, 37 and 38 of the principal Act, the following

sections shall be substituted, namely:—

Substitution of sections 36, 37 and 38.

"36. Compulsory acquisition of land needed for development plan.— Any land required, reserved or designated in a regional plan, master plan, detailed development plan or new town development plan for the development or re-development or improvement of the area within the jurisdiction of a planning authority, as the case may be, shall be deemed to be the land needed for a public purpose within the meaning of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013) and may be acquired under the said Act.

37. Power to purchase or acquire lands specified in development plan.— (1) Where after the publication of the notice in the Tamil Nadu Government Gazette of preparation of a regional plan, master plan, detailed development plan, new town development plan or for the development or re-development or improvement of the area within the jurisdiction of a planning authority, any land is required, reserved or designated in such plan, the appropriate planning authority may acquire the land,—

(a) by agreement by paying an amount agreed to; or

(b) in lieu of any such amount, by granting the landowner the transfer of development rights against the area of land surrendered free of cost and free from all encumbrances, and also further additional fl oor space index or transfer of development rights against the development or construction of the amenity on the surrendered land at his cost, in such manner as may be prescribed; or

(c) by making an application to the Government for acquiring such land under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013), and the land (together with the amenity, if any so developed or constructed) so acquired by agreement or by grant of fl oor space index and additional fl oor space index in the form of transfer of development rights under this section or under the said Act, as the case may be, shall vest absolutely free from all encumbrances in the appropriate planning authority.

(2) On receipt of an application made under sub-section (1), if the Government are satisfi ed that the land specifi ed in the application is needed for the public purpose specifi ed therein, they may acquire the said land by following the procedure laid down in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013).

38. Release of land.— If within fi ve years from the date of the publication of the notice in the Tamil Nadu Government Gazette under section 26 or section 27—

(a) no acquisition of land as provided in sub-section (2) of section 37 is made in respect of any land reserved, allotted or designated for any purpose specifi ed in a regional plan, master plan, detailed development plan or new town development plan covered by such notice; or

(b) such land is not acquired by agreement, such land shall be

deemed to be released from such reservation, allotment or designation:

Provided that the Government may, by notifi cation, extend the period for such time as they may think proper, but such extended period shall, in no case, exceed fi ve years.".

(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 13th July 2018 and is hereby

published for general information:—

ACT No. 31 OF 2018.

An Act further to amend the Tamil Nadu Town and Country

Planning Act, 1971.

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 Town and Country Planning

(Third Amendment) 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.

Tamil Nadu Act

2. In section 2 of the Tamil Nadu Town and Country Planning Act, 1971 Amendment of section 2.

35 of 1972. (hereinafter referred to as the principal Act),—

(1) in clause (13), for the expression "detailed development plan or a

new town development plan", the expression "detailed development plan, new town

development plan or a land pooling area development scheme" shall be substituted;

(2) in clause (15), for the expression "detailed development plan and a

new town development plan", the expression "detailed development plan, new town

development plan and a land pooling area development scheme" shall be substituted;

(3) after clause (22), the following clause shall be inserted, namely :—

"(22-A) "land pooling area development scheme" means the scheme in

which land owned by individual or group of individuals are pooled together by transfer

of ownership rights to the appropriate planning authority which are developed by the

appropriate planning authority and part of such developed land is transferred to the

original owner and the remaining part of such land is used for establishing common

facilities and amenities or for sale;".

Amendment of

3. In section 36 of the principal Act, for the expression "detailed development

section 36. plan or a new town development plan", the expression "detailed development plan,

new town development plan or a land pooling area development scheme" shall be

substituted.

Amendment of

4. In section 37 of the principal Act, in sub-section (1), for the expression "detailed

section 37. development plan or a new town development plan", the expression "detailed

development plan, new town development plan or a land pooling area development

scheme" shall be substituted.

Amendment of

5. In section 38 of the principal Act, for the expression "detailed development

section 38. plan or a new town development plan", the expression "detailed development plan,

new town development plan or a land pooling area development scheme" shall be

substituted.

Insertion of

6. After Chapter IV of the principal Act, the following Chapter shall be inserted,

new Chapter namely:—

IV-A.

"CHAPTER – IV A.

LAND POOLING AREA DEVELOPMENT SCHEME.

39-A. Declaration of intention to make a Land Pooling Area Development

Scheme.— (1) The appropriate planning authority may, for the purpose of

development of any area within its jurisdiction in an orderly manner, declare its

intention to make a land pooling area development scheme (hereinafter in this

Chapter referred to as the scheme) for that area:

Provided that the appropriate planning authority shall obtain the prior approval

of the Government before publication of such declaration:

Provided further that the appropriate planning authority other than the Chennai

Metropolitan Development Authority shall send such proposal to the Government

through the Director:

Provided also that the appropriate planning authority may adopt, with or without

any modifi cation, the scheme proposed by any Government department, public

sector undertaking or statutory body owned or controlled by the State Government

or Central Government or by seventy per cent of the land owners in a scheme area.

Explanation.— For the purpose of this section, "statutory body owned or

controlled by the State Government or Central Government" means anybody

corporate established by or under a Central or State Act and includes a Government

company as defi ned in clause (45) of section 2 of the Companies Act, 2013 (Central

Act 18 of 2013), a society registered under the Societies Registration Act, 1860

(Central Act 21 of 1860), or under any corresponding law for the time being in force

in a State being a Society established or administered by Government and a Co-

operative Society within the meaning of any law relating to Co-operative Societies

for the time being in force in the State, in which not less than fi fty one per cent

of the paid-up share capital is held by the Central Government or by any State

Government or Governments or partly by the Central Government and partly by

one or more State Governments.

(2) The declaration under sub-section (1) shall be published by the

appropriate planning authority in such manner as may be prescribed, by notifi cation

in the District Gazette of that area and in two leading daily newspapers in that

area of which at least one shall be in Tamil and such notifi cation shall contain such

particulars as may be prescribed and specify the time and place where a plan

showing the boundaries of the proposed scheme area may be inspected by the

public.

39-B. Power of Government to require appropriate planning authority

to make the scheme.— Notwithstanding anything contained in Section 39-A,

the Government may direct any appropriate planning authority to make a scheme

for any specifi c area and submit for its sanction. In such cases, the appropriate

planning authority shall proceed further for declaration of the scheme area under

section 39-A and preparation of the scheme as provided in this Chapter.

39-C. Restrictions on use of land and making development.— (1) On or

after the date on which the declaration of the intention to make the scheme is

published under section 39-A, no person shall, within the area covered under the

scheme, carry out any development work without obtaining permission from the

appropriate planning authority under section 49.

(2) The provisions of sections 50 to 58 shall, mutatis mutandis, apply in

relation to development and use of land covered in the scheme area in so far as

they are not inconsistent with the provisions of this Chapter.

39-D. Contents of the scheme.— The scheme may provide for all or any of

the following matters, namely:—

(a) the matters specifi ed in clauses (a) to (c) and (e) to (n) of

sub-section (1) of section 20;

(b) reservation of land for the purpose of providing housing

accommodation to the members of Economically Weaker Section to such extent,

as may be prescribed;

(c) allotment of land from the total area covered under the scheme,—

(i) for roads, parks, playgrounds, garden and open space;

(ii) for social infrastructure to be given to Government Departments

or leased for public purpose such as water supply, electricity, school, clinic or

dispensary, community halls or thirumana mandapams;

(iii) for returning back to each land owner in lieu of the

land contributed by him for the scheme to an extent of minimum forty

percent:

Provided that the percentage of the allotment of land under this sub-clause

may be fi xed in each scheme, depending upon the nature of development and for

the reasons to be recorded in writing;

(iv) for payment of market value of land or transfer of development

right to the land owner in lieu of returning back the land as provided in

sub-clause (iii);

(d) the area, ownership and tenure of each original plot;

(e) the particulars of land allotted or reserved under clause (k) of

sub-section (1) of section 20 with a general indication of the public purpose to

which such land is to be reserved and subject to such terms and conditions as may

be specifi ed;

(f) an estimate of the total cost of the scheme and the cost to be borne by

the appropriate planning authority and the relevant agencies;

(g) zoning and development regulations, for regulating developments in

the scheme area;

(h) proposals to allocate transfer of development right in lieu of monetary

compensation to any land owner who has incurred undue loss due to the scheme,

if he gives his option for transfer of development right;

(i) the suspension, so far as may be necessary for the proper carrying out

of the scheme, of any provision of any Act of the Legislative Assembly of the State

or any rule, bye-law, regulation, notifi cation or order made or issued thereunder:

Provided that any suspension under this clause shall cease to operate,—

(i) if the Government refuse to sanction the scheme;

(ii) if the Government withdraw the scheme;

(iii) on the date of coming into force of the scheme; and

(j) such other matters as may be prescribed.

39-E. Disputed ownership.— Where there is a disputed claim to the

ownership of any land or building included in an area in respect of which declaration

of intention to prepare a scheme has been made, and any entry in the revenue

records or mutation relevant to such disputed claim is inaccurate or inconclusive,

on the request of the appropriate planning authority or the designated offi cer

appointed for the scheme, at any time before the scheme is made, an enquiry may

be held by such offi cer appointed by the Government within such time from the date

of receipt of such request, as may be prescribed, for the purpose of deciding as to

who shall be deemed to be the owner of the said land covered by the scheme and

such decision shall be fi nal:

Provided that if any dispute regarding the ownership of land or building in the

scheme area is pending before any civil court or any other authority, it may not be

a bar to include such land or building in such scheme area, unless the civil court

or any other authority otherwise directs and the order or decision of the civil court

or authority thereon shall be abide by the appropriate planning authority or the

designated offi cer.

39-F. Preparation of the scheme.— (1) Within six months from the date of

publication of the notifi cation under section 39-A or within such further time not

exceeding six months, as may be permitted by the Government, the appropriate

planning authority shall prepare the draft scheme for the area along with the maps

and other particulars.

(2) The appropriate planning authority, after consulting the owners of the

lands and buildings in the scheme area shall hold land surveys and ownership

verifi cation meeting in such manner as may be prescribed and shall consider the

objections and suggestions received in writing, if any, and modify the scheme, if

necessary. The appropriate planning authority shall prepare estimates and costs

of various components of the draft scheme, in consultation with the appropriate

agency, if required, covering all the matters, as may be prescribed and submit the

draft scheme with full details to the Government:

Provided that the appropriate planning authority other than the Chennai

Metropolitan Development Authority shall submit the same to the Government

through the Director.

39-G. Preliminary approval of the scheme.— (1) As soon as may be, after

the receipt of the draft scheme by the Government but not later than such time as

may be prescribed, the Government may direct the appropriate planning authority

to make such modifi cations in the draft scheme as they may think fi t and thereupon

the appropriate planning authority shall make such modifi cations and resubmit it to

the Government but not later than such time, as may be prescribed.

(2) The Government shall give preliminary approval for the draft scheme,

within such time as may be prescribed.

(3) Within one month from the date of notifi cation of the preliminary

approval of the draft scheme by the Government, the Director shall appoint an

offi cer not lower in rank than that of the Assistant Director of Town Planning or the

Chennai Metropolitan Development Authority shall appoint an offi cer not lower in

rank than that of the Deputy Planner as the designated offi cer, as the case may be,

for the purpose of the scheme.

(4) The Director or the Chennai Metropolitan Development Authority, as

the case may be, may at any time change the designated offi cer so appointed for

incompetence or misconduct or for any other specifi c reason and replace him by

another offi cer. Any proceedings pending before such designated offi cer shall be

continued from the stage at which it was left and disposed of by the new designated

offi cer.

39-H. Publication of notice on preliminary approval of the scheme.— (1)

As soon as may be, after the receipt of the preliminary approval for the draft scheme

from the Government under sub-section (2) of section 39-G, the appropriate

planning authority shall publish a notice in the Tamil Nadu Government Gazette

and in two leading daily newspapers in that area of which at least one shall be

in Tamil, and in the place or places where copies of the same may be inspected,

inviting objections and suggestions, in respect of the scheme in writing, from any

person interested in the land within such period as may be specifi ed in the notice:

Provided that such period shall not be less than two months from the date of

publication of the notice in the Tamil Nadu Government Gazette.

(2) After expiry of the period mentioned in the notice, the designated

offi cer shall give a reasonable opportunity of being heard to any person including

representatives of Government department or other authority, who has made

request for the same and examine all the objections and suggestions, if any,

received and make such amendment to the scheme as he may consider proper.

39-I. Duties of designated officer.— (1) The duties of the designated offi cer

shall include,—

(a) examination of the objections and suggestions received and

considering the same on its merits in the preparation of the fi nal scheme;

(b) demarcation of fi nal plots and public purpose plots, decide on the

allottees of the fi nal plots;

(c) determination of the exemption to be made to the declared

archaeological monuments from the payment of proportionate contributions;

(d) estimation of the amount to be collected from or paid to the land

owners;

(e) determination of compensation payable to the land owners;

(f) drawing the fi nal scheme; and

(g) such other matters as may be prescribed.

39-J. Certain decisions of designated officer to be final.— (1) Every

decision of the designated offi cer in the matters, other than the estimation of costs,

levy of the amount payable by the owners, compensation payable and transfer of

development rights arrived, shall be fi nal and binding on all persons.

39-K. Appeal.— (1) The decision of the designated offi cer in the matters of

estimation of costs, the amount to be collected from or paid to the land owners,

compensation payable to the land owners and transfer of development rights arrived

at, shall be communicated to the persons concerned, including the appropriate

planning authority.

(2) Any person aggrieved by such decision may, within one month from

the date of communication of the decision, appeal to the Director or the Chennai

Metropolitan Development Authority, as the case may be and the same shall be

disposed off in such manner, as may be prescribed.

(3) Any person aggrieved by the decision of the Director or Chennai

Metropolitan Development Authority, as the case may be, may appeal to the

Government in such form, in such manner and within such period, as may be

prescribed.

(4) On receipt of an appeal under sub-section (3), the Government shall,

after giving the appellant an opportunity of being heard, pass such order as they

think fi t.

39-L. Revision by High Court.— Any person aggrieved by an order of the

Government may, within a period of sixty days from the date on which a copy of

the order was communicated to him, fi le an application for revision of such order

to the High Court:

Provided that the High Court may within a further period of thirty days entertain

an application made after the said period of sixty days, if it is satisfi ed that the

petitioner had suffi cient cause for not making the application within the said period

of sixty days.

39-M. Preparation of final scheme.— The designated offi cer shall in

preparing the fi nal scheme, after giving notice to the land owners covered in the

scheme, in such manner as may be prescribed,—

(a) defi ne and demarcate the areas allotted for various purposes and the

fi nal plots;

(b) determine the extent of fi nal plots to be allotted to the land owners;

(c) provide for any total or partial transfer of development rights in an

original plot or fi nal plot;

(d) determine the period within which the works provided in the scheme

shall be completed by the appropriate planning authority or any other public

authority;

(e) estimate with reference to the claims made before him for

compensation to be paid to any land owner for his right injuriously affected because

of the scheme;

(f) determine whether the areas allotted or reserved for public purposes

or for development by the appropriate planning authority are benefi cial wholly or

partly to the land owners or residents in the scheme area;

(g) determine the contributions to be levied on each plot included in the

fi nal scheme; and

(h) do such other acts as may be prescribed.

39-N. Approval by Government.— (1) The designated offi cer shall submit the

fi nal scheme to the Government through the Director or the Chennai Metropolitan

Development Authority, as the case may be, for approval within twelve months from

the date of publication of notice under section 39-H or within such further time, not

exceeding six months, as may be allowed by the Government.

Explanation.— For the purpose of calculating the time limit, the period during

which an appeal has been pending before the Director or the Chennai Metropolitan

Development Authority, as the case may be, and the Government shall be excluded.

(2) The Government may, within three months from the date of receipt of

the fi nal scheme, either approve the said scheme with or without such modifi cations

as may be considered necessary or may return the said scheme to the appropriate

planning authority to modify the scheme or to prepare fresh scheme in accordance

with such direction as the Government may issue in this behalf. The appropriate

planning authority shall modify the scheme or prepare a fresh scheme as directed

by the Government and submit it to the Government for approval:

Provided that the Chennai Metropolitan Development Authority shall submit it

directly to the Government.

39-O. Coming into operation of the scheme.— (1) The approval

of the Government for the scheme shall be published by notifi cation in the

Tamil Nadu Government Gazette and in two leading daily newspapers in that area

of which at least one shall be in Tamil and such notifi cation shall state the place and

time at which the said scheme shall be open to the inspection of the public.

(2) A notifi cation published under sub-section (1) shall be the conclusive

evidence that the scheme has been duly made and approved. The said scheme

shall come into operation from the date of publication of the approval in the

Tamil Nadu Government Gazette.

(3) On the date of coming into operation of the scheme,—

(a) all lands required by the appropriate planning authority either

for its developments or for any authority such as Government departments, local

authority, public sector undertakings, shall, unless or otherwise determined in

such scheme, vest absolutely in the appropriate planning authority free from all

encumbrances;

(b) all rights in the original plots which have been reconstituted into

fi nal plots shall cease to exist and the fi nal plot shall become subject to the rights

settled by the designated offi cer;

(c) the appropriate planning authority shall hand over the possession

of the fi nal plots to the owners to whom they are allotted in the fi nal scheme and

issue a certifi cate of allotment in the allottees name;

(d) all the Government lands including lands belonging to local

authorities, public sector undertakings, temples, within the scheme area which

are required by the appropriate planning authority shall stand transferred to the

appropriate planning authority for the purpose of development.

39-P. Enforcement of the scheme.— (1) The appropriate planning authority

shall, after coming into operation of the scheme, enforce the scheme by taking

appropriate measures as may be required, including eviction, removal of structures

or buildings in contravention of the scheme, locking and sealing and recover the

cost incurred by the appropriate planning authority in such manner as may be

prescribed.

(2) The appropriate planning authority shall utilise the proceeds from the

sale of land referred to in section 39-D, for the purpose of providing compensation

and infrastructure facilities as may be required.

39-Q. Variation to the scheme.— (1) If the appropriate planning authority,

after the fi nal scheme has come into operation, either suo motto or on application

by a land owner, considers that the scheme is defective on account of any error,

irregularity or infi rmity, it may request the Government for appropriate modifi cation

of the scheme:

Provided that the Chennai Metropolitan Development Authority, may directly

request the Government for modifi cation of the scheme:

Provided further that any request for further modifi cation of the scheme shall

not be entertained by the Government.

(2) On receipt of such request from the appropriate planning authority,

the Government may, if satisfi ed, modify the scheme by publishing the modifi cation

in the Tamil Nadu Government Gazette and in two leading daily newspapers in that

area of which at least one shall be in Tamil.

(3) Notwithstanding anything contained in the sub-sections (1) and (2),

a fi nal scheme may be varied or revoked by a subsequent scheme prepared and

approved in accordance with this Act.

39-R. Cessation of application of local body Act.— (1) The Government

may direct that any powers or functions exercisable by the local authority under

the local body Act within the land pooling area development scheme shall be

transferred to, and performed by, the appropriate planning authority under the said

Act for such period and for such purposes as may be notifi ed, in relation to such

land pooling area development scheme.

Explanation.— For the purpose of this section,—

(a) "local authority" means,—

(i) any Municipal Corporation established under any law for the time

being in force;

(ii) a Municipal Council constituted under the Tamil Nadu District

Municipality Act, 1920 (Tamil Nadu Act V of 1920);

(iii) a District Panchayat or a Panchayat Union Council or a Village

Panchayat constituted under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act

21 of 1994); and

(iv) a Board constituted under the Tamil Nadu Water Supply and

Drainage Board Act, 1970 (Tamil Nadu Act 4 of 1971) or the Chennai Metropolitan

Water Supply and Sewerage Act, 1978 (Tamil Nadu Act 28 of 1978);

(b) "local body Act" means,—

(i) The Chennai City Municipal Corporation Act, 1919 (Tamil Nadu

Act IV of 1919);

(ii) The Madurai City Municipal Corporation Act, 1971 (Tamil Nadu

Act 15 of 1971);

(iii) The Coimbatore City Municipal Corporation Act, 1981

(Tamil Nadu Act 25 of 1981);

(iv) The Tiruchirappalli City Municipal Corporation Act, 1994

(Tamil Nadu Act 27 of 1994);

(v) The Tirunelveli City Municipal Corporation Act, 1994

(Tamil Nadu Act 28 of 1994);

(vi) The Salem City Municipal Corporation Act, 1994

(Tamil Nadu Act 29 of 1994);

(vii) The Tiruppur City Municipal Corporation Act, 2008

(Tamil Nadu Act 7 of 2008);

(viii) The Erode City Municipal Corporation Act, 2008

(Tamil Nadu Act 8 of 2008);

(ix) The Vellore City Municipal Corporation Act, 2008 (Tamil Nadu

Act 26 of 2008);

(x) The Thoothukudi City Municipal Corporation Act, 2008

(Tamil Nadu Act 27 of 2008);

(xi) The Thanjavur City Municipal Corporation Act, 2013 (Tamil Nadu

Act 24 of 2013);

(xii) The Dindigul City Municipal Corporation Act, 2013

(Tamil Nadu Act 25 of 2013);

(xiii) The Tamil Nadu District Municipalities Act, 1920

(Tamil Nadu Act V of 1920);

(xiv) The Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of

1994);

(xv) The Tamil Nadu Water Supply and Drainage Board Act, 1970

(Tamil Nadu Act 4 of 1971) and138 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (xvi) The Chennai Metropolitan Water Supply and Sewerage Act,

1978 (Tamil Nadu Act 28 of 1978).

(2) After the expiry of the period notifi ed under sub-section (1) all assets and

facilities such as public street, drinking water and sewerage system, street light and

such other facilities created by the appropriate planning authority or the designated

offi cer in the scheme area shall automatically be vested with the local authority

referred to in sub-section (1).

39-S. Recovery of arrears.— (1) Any sum due to the appropriate planning

authority under this Act or any rule or regulation made thereunder shall be a fi rst

charge on the plot on which it is due, subject to the payment of land revenue, if any,

due to the Government thereon.

(2) Any sum due to the appropriate planning authority under this Act or

any rule or regulation made thereunder which is not paid on demand on the day on

which it becomes due or on the day fi xed by the appropriate planning authority shall

be recovered as an arrear of land revenue.

39-T. Execution of works in the scheme by appropriate planning

authority.— (1) The appropriate planning authority shall complete all the works in

the scheme within the period stipulated under section 39-M.

(2) If the planning authority fails to complete the work within the period

stipulated or the extended period, the Government may, notwithstanding anything

contained in sub-section (1), require the appropriate planning authority to complete

the works within a further period as they may consider reasonable or appoint an

offi cer to complete such works.

39-U. Chennai Metropolitan Development Authority to submit report

on certain matters to Government.— In cases where the appropriate planning

authority is the Chennai Metropolitan Development Authority, all matters relating to

the scheme shall be submitted by the Chennai Metropolitan Development Authority

directly to the Government''.

Amendment of

7. In section 48 of the principal Act, for the expression "the notice in the

section 48. Tamil Nadu Government Gazette under section 26", the expression "the notice in

the "Tamil Nadu Government Gazette under section 26 or section 39-A" shall be

substituted.

Amendment of

8. In section 49 of the principal Act, for the expression "the notice in the

section 49. Tamil Nadu Government Gazette under section 26", the expression "the notice in

the Tamil Nadu Government Gazette under section 26 or section 39-A" shall be

substituted.

Amendment of

9. In section 99 of the principal Act including the marginal heading, for the

section 99. expression "detailed development plan" in two places where it occurs, the expression

"detailed development plan and land pooling area development scheme" shall be

substituted.

Amendment of

10. In section 122 of the principal Act, in sub-section (2), for clause (j), the

section 122. following clauses shall be substituted, namely:—

"(j) the form and contents of the regional plan, master plan, detailed

development plan, new town development plan and land pooling area development

scheme and the procedure to be followed in connection with the preparation,

submission and approval of such plans and scheme and the form and the manner

of publication of the notices relating to such plans and scheme;

(jj) duties of the designated offi cer and the manner of reconstitution of

plots, allotment of fi nal plots, incorporation of the legal rights settled in the fi nal

scheme in the land registers of the Revenue department;

(jjj) estimated cost of the scheme, fi nancial account for the scheme such

as escrow account, for the preparation, approval and effective implementation of

the scheme;".

(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 13th July 2018 and is hereby published

for general information:—

ACT No. 32 OF 2018.

An Act further to amend the Tamil Nadu District Municipalities Act, 1920.

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 District Municipalities (Amendment) Short title and Act, 2018.

commence

ment.

(2) Sections 2 and 4 shall be deemed to have come into force on the 14th

day of July 2006.

Substitution of Tamil Nadu Act V

2. For section 3-AA of the Tamil Nadu District Municipalities Act, 1920

section 3-AA.

of 1920.

(hereinafter referred to as the principal Act), the following section shall be substituted,

namely:—

"3-AA. Provisions of the Act shall apply to Town Panchayats

subject to certain modifications.— All provisions of the Act, except sections

5, 7, 12-C, 13-B, 43, 77-AA and 77-B shall apply to all the Town Panchayats, subject

to the following modifi cations, namely:—

(1) for the expression "municipality" wherever it occurs, the expression "town

panchayat" shall be substituted;

(2) for the expression "municipal council" wherever it occurs, the expression

"council" shall be substituted;

(3) for the expression "councillor" and "councillors" wherever it occurs, the

expression "member" and "members" shall, respectively, be substituted;

(4) for the expression "municipal authority" wherever it occurs, the expression

"authority" shall be substituted;

(5) for the expression "commissioner" wherever it occurs, the expression

"Executive Offi cer" shall be substituted;

(6) in section 4, in sub-section (6), for the expression "State Government",

the expression "Director of Town Panchayats" shall be substituted.".

3. The notifi cation issued by the Government in the Municipal Administration

Notifi cation to

and Water Supply Department No.II(2)/MAWS/701(c)/2014, published in Part II-

cease to have

effect.

Section 2 of the Tamil Nadu Government Gazette, Extraordinary, dated the 21st day

of November 2014 shall cease to have effect from the date of the publication of this Act

in the Tamil Nadu Government Gazette.

Validation. 4. Notwithstanding anything contained in the principal Act or any other law

or order or notifi cation for the time being in force or in any judgment, decree

or order of any court or other authority, all acts done or proceedings taken by

the council, authority, chairman, vice-chairman, member, offi cers, Inspector,

the Director of Town Panchayats and committees of the Town Panchayats

under the provisions of the principal Act, during the period commencing on the

14th day of July 2006 and ending with the date of publication of this Act in

the Tamil Nadu Government Gazette, shall, for all purposes, be deemed to

be, and to have always been, validly done or taken in accordance with law,

as if the principal Act, as amended by this Act, had been in force at all material times

when such acts or proceedings were done or taken.

(By order of the Governor)

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

THE TAMIL NADU LOKAYUKTA ACT, 2018.

Arrangement of Sections.

CHAPTER – I.

PRELIMINARY.

1. Short title and commencement.

2. Definitions.

CHAPTER – II.

ESTABLISHMENT AND COMPOSITION OF LOKAYUKTA.

3. Establishment and Composition of Lokayukta.

4. Appointment of Chairperson and Members on the recommendation of Selection Committee.

5. Term of office of Chairperson and Members.

6. Salary, allowances and other conditions of service of Chairperson and Members.

7. Restriction on employment by Chairperson and Members after ceasing to hold office.

8. Member to act as Chairperson or to discharge his functions in certain

circumstances.

9. Secretary, other officers and staff of Lokayukta.

CHAPTER – III.

INQUIRY WING.

10. Inquiry Wing.

CHAPTER – IV.

EXPENSES OF LOKAYUKTA TO BE CHARGED ON CONSOLIDATED FUND OF STATE.

11. Expenses of Lokayukta to be charged on Consolidated Fund of State.

CHAPTER – V.

JURISDICTION OF THE LOKAYUKTA.

12. Jurisdiction of Lokayukta to include Ministers, Members of Legislative Assembly, officers and employees of Government.

13. Matters not subject to inquiry.

14. Matters pending before any court or committee or authority for inquiry not to be affected.

15. Constitution of Benches of Lokayukta.

16. Distribution of business amongst Benches.

17. Power of Chairperson to transfer cases.

18. Decision to be by majority.

CHAPTER - VI.

PROCEDURE IN RESPECT OF PRELIMINARY INQUIRY AND DETAILED INQUIRY.

19. Provisions relating to complaints and preliminary inquiry and detailed inquiry.

20. Persons likely to be prejudicially affected to be heard.

21. Lokayukta may require any public servant or any other person to furnish

, information, etc.

22. Previous sanction not necessary for inquiry.

CHAPTER – VII.

POWERS OF LOKAYUKTA.

23. Supervisory powers of Lokayukta.

24. Lokayukta to have powers of civil court in certain cases.

25. Power of Lokayukta to utilise services of officers of Government.

26. Power of Lokayukta to recommend transfer or suspension of public servant

connected with allegation of corruption.

27. Power of Lokayukta to give directions to prevent destruction of records

during preliminary inquiry.

28. Power to delegate.

CHAPTER – VIII.

COMPLAINTS AGAINST CHAIRPERSON, MEMBERS AND OFFICIALS OF LOKAYUKTA.

29. Removal and suspension of Chairperson and Members of Lokayukta.

30. Complaints against officials of Lokayukta.

CHAPTER - IX.

FINANCE, ACCOUNTS AND AUDIT.

31. Budget.

32. Grants by Government.

33. Annual statement of accounts.

etc.,

34. Furnishing of returns etc, to Government.

CHAPTER - X.

ACTION ON FALSE COMPLAINTS.

35. Prosecution for false complaint and payment of compensation, etc., to public servant.

36. False complaint made by society or association of persons or trust.

CHAPTER - XI.

MISCELLANEOUS.

37. Protection of action taken in good faith by any public servant.

38. Protection of action taken in good faith by others.

39. Members, officers and employees of Lokayukta to be public servants.

40. Limitation to apply.

41. Bar of Jurisdiction.

42. Legal assistance.

43. Act to have overriding effect.

44. Power to make rules.

45. Power to make regulations.

46. Power to remove difficulties.

The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 13th July 2018 and is hereby published for general information:—

ACT No. 33 of 2018.

An Act for the establishment of a body of Lokayukta for the State of

Tamil Nadu to inquire into allegations of corruption against certain public

servants and 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:—

CHAPTER – I.

PRELIMINARY.

1. (1) This Act may be called the Tamil Nadu Lokayukta Act, 2018. Short title and commence- (2) It shall come into force on such date as the Government may,

ment.

by notifi cation, appoint.

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

(a) "Bench" means a bench of the Lokayukta;

(b) "Chairperson" means the Chairperson of the Lokayukta;

(c) "competent authority" means, in relation to,—

(i) the Chief Minister, the Governor;

(ii) a Minister, the Chief Minister;

(iii) a Member of the Legislative Assembly of the State other than a Minister, the Speaker of the Legislative Assembly;

(iv) an offi cer in any Department, the Government;

(v) a Chairperson or Members of any Body, or Board or Corporation or Authority or Company or Society or Autonomous Body (by whatever name called) established or constituted under an Act of Parliament or of the Legislative Assembly of the State or wholly or partly fi nanced by the Government or controlled by it, the Minister-in-charge or the Chief Minister, as the case may be, of the department of such Body or Board or Corporation or Authority or Company or Society or Autonomous Body;

(vi) an offi cer of any Body or Board or Corporation or Authority or Company or Society or Autonomous Body (by whatever name called) established or constituted under an Act of Parliament or of the Legislative Assembly of the State or wholly or partly fi nanced by the Government or controlled by it, the head of such Body or Board or Corporation or Authority or Company or Society or Autonomous Body;

(vii) in any other case not falling under sub-clauses (i) to (vi) above, such department or authority as the Government may, by notifi cation, specify:

Provided that if any person referred to in sub-clause (v) or sub-clause (vi) is also a Member of the Legislative Assembly of the State, then the competent authority shall be the Speaker of the Legislative Assembly;

(d) "complaint" means a complaint, made in such form as may be prescribed, alleging that a public servant has committed an offence punishable under the Prevention of Corruption Act, 1988; Central Act 49 of

1988. (e) "Government" means the State Government;

(f) "Judicial Member" means a Judicial Member of the Lokayukta;

(g) "Lokayukta" means the body established under section 3;

(h) "Member" means a Member of the Lokayukta;

(i) "Minister" means the Minister of the Government and includes the Chief Minister;

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

(k) "public servant" means a person referred to in clauses (a) to (e) of sub-section (1) of section 12;

(l) "regulations" means regulations made under this Act;

(m) "State" means the State of Tamil Nadu.

Central Act 49 of (2) The words and expressions used in this Act and not defi ned

1988. but defi ned in the Prevention of Corruption Act, 1988 and the Code of

Central Act 2 of Criminal Procedure, 1973 shall have the meanings, respectively, assigned

1974. to them in those Acts.

CHAPTER – II.

ESTABLISHMENT AND COMPOSITION OF LOKAYUKTA.

Establisment and 3. (1) On and from the date of notifi cation to be issued by the Composition of

Government in this behalf, there shall be established a body to be called Lokayukta.

the "Lokayukta".

(2) The Lokayukta shall consist of,—

(a) a Chairperson who is or has been a Judge of the High Court or a person with twenty-fi ve years experience in anti-corruption policy, public administration, vigilance, fi nance and law; and

(b) four Members, out of whom two shall be Judicial Members.

(3) A person shall be eligible to be appointed,—

(a) as a Judicial Member if he is or has been a Judge of the High Court or has put in twenty-fi ve years of experience in State judiciary with impeccable record;

(b) as a Non-Judicial Member if he has had twenty-fi ve years of experience in anti-corruption policy, public administration, vigilance, fi nance and law.

(4) The Chairperson or a Member shall not be,—

(a) a Member of Parliament or a Member of the Legislative Assembly of any State or Union territory;

(b) a person convicted of any offence;

(c) a person of less than forty-fi ve years of age, on the date of assuming offi ce as Chairperson or Member, as the case may be;

(d) a Member of any Panchayat or Municipality;

(e) a person who has been removed or dismissed from service of the Union or a State and;

(f) a person holding any offi ce of trust or profi t (other than his offi ce as the Chairperson or a Member) or be connected with any political party or carry on any business or practice any profession.

(5) A person who is appointed as the Chairperson or a Member, as the case may be, shall, before he enters upon his offi ce, if,—

(a) he holds any offi ce of trust or profi t, resign from such offi ce; or

(b) he is carrying on any business, sever his connection with the conduct and management of such business; or

(c) he is practicing any profession, cease to practice such profession.

Appointment of 4. (1) The Chairperson and the Members shall be appointed by the

Chairperson Governor.

and Members

on the (2) The appointment shall be made on the recommendation of the

recommen- Selection Committee comprising of the following Members:—

dation of

Selection (a) Chief Minister — Chairperson;

Committee.

(b) Speaker of the Legislative Assembly — Member;

(c) Leader of Opposition or the Leader of the single largest Party in Opposition in the Legislative Assembly— Member.

(3) The Selection Committee may for the purposes of selecting the Chairperson and Members and for preparing a panel of persons to be considered for appointment as such, choose to constitute a Search Committee consisting of three persons having special knowledge and expertise in anti-corruption policy, public administration, vigilance, fi nance and law.

(4) The Selection Committee shall regulate its own procedure for selecting the Chairperson and Members which shall be transparent.

(5) The term of the Search Committee, if constituted, referred to in sub-section (3), the fees and allowances payable to its Members and the manner of selection of panel of names shall be such as may be prescribed.

Term of offi ce of

5. The Chairperson and every Member shall, on the recommendations Chairperson

of the Selection Committee, be appointed by the Governor by warrant and Members.

under his hand and seal and hold offi ce as such for a term of fi ve years from the date on which he enters upon his offi ce or until he attains the age of seventy years, whichever is earlier:

Provided that he may,—

(a) by writing under his hand addressed to the Governor, resign his offi ce; or

(b) be removed from his offi ce in the manner provided in this Act.

Salary,

6. The salary, allowances and other conditions of service of,—

allowances

and other

(a) the Chairperson shall be the same as those of the Chief conditions Justice of the High Court;

of service of

Chairperson

(b) other Members shall be the same as those of a Judge of the and Members. High Court:

Provided that if the Chairperson or a Member is, at the time of his appointment, in receipt of pension (other than disability pension) in respect of any previous service under the Government of India or under any State Government, his salary in respect of service as the Chairperson or, as the case may be, as a Member, be reduced,—

(i) by the amount of that pension; and

(ii) if he has, before such appointment, received, in lieu of a portion of the pension due to him in respect of such previous service, the commuted value thereof, by the amount of that portion of the pension:

Provided further that the salary, allowances and pension payable to, and other conditions of service of, the Chairperson or a Member shall not be varied to his disadvantage after his appointment.

Restriction on 7. (1) On ceasing to hold offi ce, the Chairperson and every Member

employment by shall be ineligible for,—

Chairperson

and Members (a) reappointment as the Chairperson or a Member of the

after ceasing to Lokayukta;

hold offi ce.

(b) any other assignment or appointment which is required by law to be made by the Governor;

(c) further employment to any other offi ce of profi t under the Government of India or under the Government.

(2) Notwithstanding anything contained in sub-section (1), a Member shall be eligible to be appointed as a Chairperson, if his total tenure as Member and Chairperson does not exceed fi ve years.

Explanation.— For the purposes of this section, it is hereby clarifi ed that where the Member is appointed as the Chairperson, his term of offi ce shall not be more than fi ve years in aggregate as the Member and the Chairperson.

Member to act as 8. (1) In the event of occurrence of any vacancy in the offi ce of

Chairperson or the Chairperson by reason of his death, resignation or otherwise, the

to discharge Governor may, by notifi cation, authorise the senior-most Member to act

his functions in as the Chairperson until the appointment of a new Chairperson to fi ll such certain circums-

tances. vacancy.

(2) When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise, the senior-most Member available, as the Governor may, by notifi cation, authorise in this behalf, shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duties.

Secretary, 9. (1) There shall be a Secretary to the Lokayukta not below the

other offi cers rank of Deputy Secretary to Government, who shall be appointed by the

and staff of Chairperson from a panel of names sent by the Government.

Lokayukta.

(2) There shall be a Director of Inquiry not below the rank of Deputy Secretary to Government, who shall be appointed by the Chairperson from a panel of names sent by the Government.

(3) The appointment of offi cers and staff of the Lokayukta shall be made as may be required for smooth functioning, by the Government and as may be prescribed.

(4) The conditions of service of Secretary and other offi cers and staff of the Lokayukta shall be such as may be prescribed from time to time.

CHAPTER – III

INQUIRY WING.

Inquiry Wing. 10. (1) Notwithstanding anything contained in any law for the time being in force, the Lokayukta shall constitute an Inquiry Wing headed by the Director of Inquiry for the purpose of conducting inquiry into any offence alleged to have been committed by a public servant:

Provided that till such time the Inquiry Wing is constituted by the Lokayukta, the Government shall make available such number of offi cers and other staff from such of its Departments, as may be required, for conducting inquiry under this Act.

(2) For the purposes of assisting the Lokayukta in conducting a inquiry under this Act, the offi cers of the Inquiry Wing shall have the same powers as are conferred upon the Lokayukta under section 24.

CHAPTER – IV.

EXPENSES OF LOKAYUKTA TO BE CHARGED ON CONSOLIDATED

FUND OF STATE.

Expenses of

11. The administrative expenses of the Lokayukta, including all salaries, Lokayukta to

allowances and pensions payable to or in respect of the Chairperson, be charged on

Members or Secretary or other offi cers or staff of the Lokayukta, shall be Consolidated

charged upon the Consolidated Fund of the State and any fees or other Fund of State.

moneys taken by the Lokayukta shall form part of that Fund.

CHAPTER – V.

JURISDICTION OF THE LOKAYUKTA.

Jurisdiction of

12. (1) Subject to the other provisions of this Act, the Lokayukta shall Lokayukta

have its jurisdiction on all the following categories, namely:—

to include

Ministers,

(a) any person who is or has been a Minister of the State;

Members of

Legislative

(b) any person who is or has been a Member of the Legislative Assembly,

Assembly;

offi cers and

employees of

(c) all offi cers and employees of the State, from amongst the Government.

public servants defi ned in sub-clauses (i) and (ii) of clause (c) of section 2 of the Prevention of Corruption Act, 1988 when serving or who has served, Central Act 49 of

1988. in connection with the affairs of the State;

(d) all offi cers and employees referred to in clause (c) equivalent in any Body or Board or Corporation or Authority or Company or Society or Trust or Autonomous Body (by whatever name called) established by an Act of the Parliament or the Legislative Assembly of the State or wholly or partly fi nanced by the Government or controlled by it:

Provided that in the case of offi cers and employees referred to in clauses (c) and (d) but are working in connection with the affairs of the Union or in Body or Board or Corporation or Authority or Company or Society or Trust or Autonomous Body under the control of the Union, the Lokayukta and offi cers of its Inquiry Wing shall have jurisdiction under this Act in respect of such offi cers only after obtaining the consent of the Central Government;

(e) any person who is or has been a Director, Manager, Secretary or other offi cer of every other Society or Association of persons or Trust (whether registered under any law for the time being in force or not) by whatever name called, wholly or partly fi nanced or aided by the Government and the annual income of which exceeds such amount as the Government may, by notifi cation, specify.

(2) Notwithstanding anything contained in sub-section (1), the Lokayukta shall not inquire into any matter involved in, or arising from, or connected with, any such allegation of corruption against any Member of the Legislative Assembly in respect of anything said or a vote given by him in the Legislative Assembly of the State or any committee thereof covered under the provisions contained in clause (2) of Article 194 of the Constitution.

(3) The Lokayukta may inquire into any act or conduct of any person other than those referred to in sub-section (1), if such person is involved in the act of abetting, bribe giving or bribe taking or conspiracy relating to any allegation of corruption under the Prevention of Corruption Central Act 49 of

1988.

Act, 1988 against a person referred to in sub-section (1):

Provided that no action under this section shall be taken in case of a person serving in connection with the affairs of the Union, without the consent of the Central Government.

Matters not 13. (1) Except as hereinafter provided, the Lokayukta shall not

subject to conduct any inquiry under this Act, in the case of a complaint in respect of

inquiry.

any action, if such action relates to any matter as follows:—

(a) action taken for the purpose of investigating crime relating to the security of the State;

(b) action taken in the exercise of powers in relation to determining whether a matter shall go to a court or not;

(c) administrative action taken in matters which arise out of the terms of a contract governing purely commercial relations of the administration with customers or suppliers except where the complainant alleges harassment or gross delay in meeting contractual obligation;

(d) action taken in respect of appointment, transfer and postings, removal, pay, discipline, superannuation, actions relating to claims for pension, gratuity, provident fund or to any claims which arises on retirement, removal or termination of service, or other matters relating to conditions of service of public servants;

(e) grant of honours and awards;

(f) any action in respect of which a formal and public inquiry has been ordered with the prior concurrence of the Lokayukta;

(g) any action in respect of a matter which has been referred to inquiry under the Commissions of Inquiry Act, 1952; Central Act ⁶⁰ of

1952. (h) any action relating to a person or Local Body which is under the purview of Ombudsman constituted under section 3 of the

Tamil Nadu Act Tamil Nadu Local Bodies Ombudsman Act, 2014.

27 of 2014.

(2) In the case of any complaint, nothing in this Act shall be construed as empowering the Lokayukta to question any administrative action involving the exercise of a discretion, except where Lokayukta is satisfi ed that the elements involved in the exercise of the discretion are absent to such an extent that the discretion can prima-facie be regarded as having been improperly exercised.

Explanation.— For the removal of doubts, it is hereby declared that a complaint under this Act shall only relate to a period during which the public servant was holding or serving in that capacity.

Matters pending

14. In case any matter or proceeding related to allegation of before any

Central Act 49 of corruption under the Prevention of Corruption Act, 1988 has been pending court or

1988. before any court or committee of the Legislative Assembly or before any committee or

other authority prior to the commencement of this Act or prior to the authority for

inquiry not to commencement of any inquiry after the commencement of this Act, such be affected.

matter or proceeding shall be continued before such Court, Committee or Authority.

15. (1) Subject to the provisions of this Act,— Constitution of

Benches of

Lokayukta.

(a) the jurisdiction of the Lokayukta may be exercised by Benches thereof;

(b) a Bench may be constituted by the Chairperson with two or more Members as the Chairperson may deem fi t;

(c) every Bench shall ordinarily consist of at least one Judicial Member and the senior member of that bench shall preside over the bench;

(d) where a Bench consists of the Chairperson, such Bench shall be presided over by the Chairperson.

(2) The Lokayukta shall notify the areas in relation to which each Bench of the Lokayukta may exercise jurisdiction.

(3) Notwithstanding anything contained in sub-section (2), the Chairperson shall have the power to constitute or reconstitute Benches, from time to time.

(4) If at any stage of the hearing of any case or matter, it appears to the Chairperson or a Member that the case or matter is of such nature that it ought to be heard by a Bench consisting of three or more Members, the case or matter may be transferred by the Chairperson or, as the case may be, referred to him for transfer, to such Bench as the Chairperson may deem fi t.

Distribution 16. Where Benches are constituted, the Chairperson may, from time to

of business time, by notifi cation, make provisions as to the distribution of the business

amongst of the Lokayukta amongst the benches and also provide for the matters

Benches.

which may be dealt with by each Bench.

Power of 17. On an application for transfer made by the complainant or the

Chairperson to public servant, the Chairperson, after giving an opportunity of being heard

transfer cases.

to the complainant or the public servant, as the case may be, may transfer any case pending before one bench for disposal to any other Bench.

Decision to be by 18. If the Members of a Bench consisting of an even number of

majority.

Members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the Chairperson who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other Members of the Lokayukta and such point or points shall be decided according to the opinion of the majority of the Members of the Lokayukta who have heard the case, including those who fi rst heard it.

CHAPTER - VI.

PROCEDURE IN RESPECT OF PRELIMINARY INQUIRY AND

DETAILED INQUIRY.

Provisions

19. (1) The Lokayukta shall, on receipt of a complaint, fi rst decide relating to

whether to proceed in the matter or close the same and if the Lokayukta complaints and

decides to proceed further, it shall,—

preliminary

inquiry and

(a) order for a preliminary inquiry against any public servant detailed inquiry.

referred to in clauses (a), (b) and (e) of sub-section (1) of section 12 by its Inquiry Wing or any agency of the Government to ascertain whether there exists a prima-facie case for proceeding in the matter;

(b) forward the complaint to the Vigilance Commission for conducting a preliminary inquiry in respect of public servants belonging to Group A, Group B, Group C and Group D in clauses (c) and (d) of sub-

section (1) of section 12 to ascertain whether there exists a prima-facie case for proceeding in the matter:

Provided that the Vigilance Commission in respect of complaints referred to it under this clause, after making preliminary inquiry in respect of public servants belonging to Group A and Group B, shall submit its report to the Lokayukta in accordance with the provisions contained in sub-

section (2) and in case of public servants belonging to Group C and Group D, the Commission shall proceed in accordance with the instructions and orders in force.

(2) The Inquiry Wing or any agency of the Government or the Vigilance Commission, as the case may be, shall conduct the preliminary inquiry referred to in sub-section (1), on the basis of material, information and documents collected, seek the comments on the allegations made in the complaint from the public servant and competent authority and after obtaining the comments of the concerned public servant and competent authority, submit, within sixty days from the date of receipt of the reference, a report to the Lokayukta.

(3) The Vigilance Commission may, for the purpose of conducting preliminary inquiry, utilise the service of the appropriate agency in accordance with the instructions and orders in force.

(4) A Bench consisting of not less than three Members of the Lokayukta shall consider every report received under sub-section (2) from the Inquiry Wing or any agency of the Government or Vigilance Commission and after giving an opportunity of being heard to the public servant, decide as to whether there exists a prima-facie case, and proceed with the following actions, namely:—

(a) order for a detailed inquiry in respect of public servants referred to in sub-section (1) of section 12 (other than the public servants belonging to Group C and Group D) by its Inquiry Wing or any agency of the Government;

(b) recommend for departmental action in respect of public servants belonging to Group A and Group B;

(c) closure of the proceedings against the public servant and take action to proceed against the complainant under section 35.

(5) In case the Lokayukta decides to proceed with a detailed inquiry into the complaint, it shall direct the Inquiry Wing or any agency of the Government to carry out the inquiry as expeditiously as possible and complete the inquiry within a period of six months from the date of its order:

Provided that the Lokayukta may extend the said period by a further period not exceeding six months at a time for the reasons to be recorded in writing.

(6) The Inquiry Wing or the agency of the Government so directed shall, in respect of cases referred to it by the Lokayukta, submit a detailed inquiry report to the Lokayukta.

(7) A Bench consisting of not less than three Members of the Lokayukta shall consider every report received by it under sub-section (6) from the Inquiry Wing or the agency so directed and may,—

(a) send a report to the competent authority in respect of the public servants referred to in sub-section (1) of section 12 (other than the public servants belonging to Group C and Group D) for appropriate action;

(b) order for closure of complaint.

(8) The Lokayukta may, during the preliminary inquiry or the detailed inquiry, as the case may be, pass appropriate orders for the safe custody of the documents relevant to the preliminary inquiry or, as the case may be, detailed inquiry, as it deems fi t.

(9) The website of the Lokayukta shall, from time to time and in such manner as may be specifi ed by regulations, display to the public, the status of number of complaints pending before it or disposed of by it.

(10) The Lokayukta may retain or cause to retain the original records and evidences, which are likely to be required in the process of preliminary inquiry or detailed inquiry.

(11) Save as otherwise provided, the manner and procedure of conducting a preliminary inquiry or detailed inquiry (including such material and documents to be made available to the public servant) under this Act, shall be such as may be specifi ed.

Persons likely to

20. If, at any stage of the proceeding, the Lokayukta,—

be prejudicially

affected to be

(a) considers it necessary to inquire into the conduct of any heard.

person other than the person against whom a complaint is fi led; or

(b) is of opinion that the reputation of any person other than the person against whom a complaint is fi led is likely to be prejudicially affected by the inquiry, the Lokayukta shall give to that person a reasonable opportunity of being heard in the inquiry and to produce evidence in his defence, consistent with the principles of natural justice.

Lokayukta

21. Subject to the provisions of this Act, for the purpose of any may require

preliminary inquiry or detailed inquiry, the Lokayukta or the Director any public

of inquiry, as the case may be, may require any public servant or any servant or any

other person who, in its opinion, is able to furnish information or produce other person

to furnish

documents relevant to such preliminary inquiry or detailed inquiry, to information,

furnish any such information or produce any such document.

etc.,

Previous sanction 22. No sanction or approval of any authority shall be required by not necessary

the Lokayukta for the purpose of making preliminary inquiry or detailed for inquiry.

inquiry by the Inquiry Wing or Vigilance Commission or any agency of the Government on any complaint fi led before it against any public servant.

CHAPTER – VII.

POWERS OF LOKAYUKTA.

Supervisory

23. The Lokayukta shall, notwithstanding anything contained in any powers of

other law for the time being in force, have the powers of superintendence Lokayukta.

and direction over the Director of inquiry in respect of the matters in so far as they relate to the inquiry under this Act.

Lokayukta to

24. (1) Subject to the provisions of this section, for the purpose of any have powers

inquiry, the Inquiry Wing of the Lokayukta shall have all the powers of a of civil court in

Central Act V of civil court, under the Code of Civil Procedure, 1908, while trying a suit in certain cases.

1908. 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;

(e) issuing commissions for the examination of witnesses or documents:

Provided that such commission, in case of a witness, shall be issued only where the witness, in the opinion of the Lokayukta, is not in a position to attend the proceeding before the Lokayukta; and

(f) such other matters as may be prescribed.

(2) Any proceeding before the Lokayukta shall be deemed to be a Central Act XLV judicial proceeding within the meaning of section 193 of the Indian Penal of 1860.

Code.

Power of 25. (1) The Lokayukta may, for the purpose of conducting any

Lokayukta to preliminary inquiry or detailed inquiry, utilize the services of any offi cer or

utilise services agency of the Government with the approval of the Government.

of offi cers of

Government. (2) For the purpose of preliminary inquiry or detailed inquiry, any offi cer or agency whose services are utilized under sub-section (1) may, subject to the direction and control of the Lokayukta,—

(a) summon and enforce the attendance of any person and examine him;

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

and

(c) request any public record or copy thereof from any offi cer.

(3) The offi cer or agency whose services are utilised under sub-

section (1) shall inquire into any matter pertaining to the preliminary inquiry or detailed inquiry and submit a report thereon to the Lokayukta within such period as may be specifi ed by it in this behalf.

Power of 26. (1) Where the Lokayukta, while making a preliminary inquiry into

Lokayukta to allegations of corruption, is prima facie satisfi ed, on the basis of evidence

recommend available, that,—

transfer or

suspension of (a) the continuance of the public servant referred to in clause

public servant (c) or clause (d) of sub-section (1) of section 12 in his post while conducting

connected with

allegation of the preliminary inquiry is likely to affect such preliminary inquiry adversely;

corruption.

or

(b) the public servant referred to in clause (a) is likely to destroy or in any way tamper with the evidence or infl uence witnesses,

then, the Lokayukta may recommend to the Government for transfer or suspension of such public servant from the post held by him till such period as may be specifi ed in the order.

(2) The Government shall ordinarily accept the recommendation of the Lokayukta made under sub-section (1), except for the reasons to be recorded in writing in a case where it is not feasible to do so for administrative reasons.

Power of

27. The Lokayukta may, in discharge of its functions under this Lokayukta to

Act, issue appropriate directions to a public servant entrusted with the give directions

preparation or custody of any document or record—

to prevent

destruction of

(a) to protect such document or record from destruction or records during

damage; or

preliminary

inquiry.

(b) to prevent the public servant from altering or secreting such document or record; or

(c) to prevent the public servant from transferring or alienating any assets allegedly acquired by him through corrupt means.

Power to

28. The Lokayukta may, by general or special order in writing, and delegate.

subject to such conditions and limitations as may be specifi ed therein, direct that any administrative or fi nancial power conferred on it may also be exercised or discharged by such of its members or offi cers or employees as may be specifi ed in the order.

CHAPTER – VIII.

COMPLAINTS AGAINST CHAIRPERSON, MEMBERS AND OFFICIALS

OF LOKAYUKTA.

Removal and

29. (1) The Lokayukta shall not inquire into any complaint made suspension of

against the Chairperson or any Member.

Chairperson

and Members

(2) Subject to the provisions of sub-section (4), the Chairperson or of Lokayukta.

any Member shall be removed from his offi ce by order of the Governor on grounds of misbehavior, after the High Court, on a reference being made to it by the Governor on a petition signed by at least forty-fi ve Members of the Legislative Assembly, has, on an inquiry held by the High Court in that behalf, reported that the Chairperson or such Member, as the case may be, ought to be removed on such ground.

(3) The Governor may suspend from offi ce, the Chairperson or any Member in respect of whom a reference has been made to the High Court under sub-section (2), on receipt of the recommendation or interim order made by the High Court in this regard until the Governor has passed orders on receipt of the fi nal report of the High Court on such reference.

(4) Notwithstanding anything contained in sub-section (2), the Governor may, by order, remove from the offi ce, the Chairperson or any Member, if the Chairperson or such Member, as the case may be,—

(a) is adjudged an insolvent; or

(b) engages himself during his term of offi ce, in any paid employment outside the duties of his offi ce; or

(c) is, in the opinion of the Governor, unfi t to continue in offi ce by reason of infi rmity of mind or body.

(5) If the Chairperson or any Member is, or becomes, in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of Tamil Nadu or participates in any way in the profi t thereof or in any benefi t or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (2), be deemed to be guilty of misbehaviour.

Complaints 30. (1) Every complaint of allegation or wrong doing made against

against any offi cer or employee or agency under or associated with the

offi cials of Lokayukta for an offence punishable under the Prevention of Corruption Central Act

Lokayukta.

49 of 1988. Act, 1988 shall be dealt with in accordance with the provisions of this section.

(2) The Lokayukta shall complete the inquiry into the complaint or allegation made within a period of thirty days from the date of its receipt.

(3) While making an inquiry into the complaint against any offi cer or employee of the Lokayukta or agency engaged or associated with the Lokayukta, if it is prima facie satisfi ed on the basis of evidence available, that,—

(a) continuance of such offi cer or employee of the Lokayukta or agency engaged or associated in his post while conducting the inquiry is likely to affect such inquiry adversely; or

(b) an offi cer or employee of the Lokayukta or agency engaged or associated is likely to destroy or in any way tamper with the evidence or infl uence witnesses,

then, the Lokayukta may, by order, suspend such offi cer or employee of the Lokayukta or divest such agency engaged or associated with the Lokayukta of all powers and responsibilities hereto before exercised by it .

(4) On completion of the inquiry, if the Lokayukta is satisfi ed that there is prima facie evidence of the commission of an offence under

Central Act the Prevention of Corruption Act, 1988, or of any wrong doing, it shall,

49 of 1988.

within a period of fi fteen days of the completion of such inquiry, sent its report to the Vigilance Commission of the State for appropriate action on such offi cer or employee of the Lokayukta or such offi cer, employee, agency engaged or associated with the Lokayukta and initiate disciplinary proceedings against the offi cial concerned:

Provided that no such order shall be passed without giving such offi cer or employee of the Lokayukta, or agency so engaged or associated, a reasonable opportunity of being heard.

CHAPTER - IX.

FINANCE, ACCOUNTS AND AUDIT.

Budget. 31. The Lokayukta shall prepare, in such form and at such time in each fi nancial year as may be prescribed, its budget for the next fi nancial year, showing the estimated receipts and expenditure of the Lokayukta and forward the same to the Government.

Grants by

32. The Government may, after due appropriation made by the Government.

Legislative Assembly of the State by law in this behalf, make to the Lokayukta grants of such sums of money as are required to be paid for the salaries and allowances payable to the Chairperson and Members and the administrative expenses, including the salaries and allowances and pension payable to or in respect of offi cers and other employees of the Lokayukta.

Annual statement 33. (1) The Lokayukta shall maintain proper accounts and other of accounts.

relevant records and prepare an annual statement of accounts in such form as may be prescribed in consultation with the Accountant General of Tamil Nadu.

(2) The accounts of the Lokayukta shall be audited by the Accountant General of Tamil Nadu at such intervals as may be specifi ed by him.

(3) The Accountant General of Tamil Nadu or any person appointed by him in connection with the audit of the accounts of the Lokayukta under this Act shall have the same rights, privileges and authority in connection with such audit, as the Accountant General of Tamil Nadu generally has, in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offi ces of the Lokayukta.

(4) The accounts of the Lokayukta, as certifi ed by the Accountant General of Tamil Nadu or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Government and the Government shall cause the same to be laid before the Legislative Assembly of the State.

Furnishing of 34. The Lokayukta shall furnish to the Government, at such time and

returns etc., to in such form and manner as may be prescribed or as the Government

Government. may request, such returns and statements and such particulars in regard to any matter under the jurisdiction of the Lokayukta, as the Government may, from time to time, require.

CHAPTER - X.

ACTION ON FALSE COMPLAINTS.

Prosecution for 35. (1) Notwithstanding anything contained in this Act, whoever makes

false complaint any false and frivolous or vexatious complaint under this Act shall, on

and payment of conviction, be punished with imprisonment for a term which may extend to

compensation, one year and with fi ne which may extend to one lakh rupees.

etc., to public

servant.

(2) No Court shall take cognizance of an offence under sub-section (1) except on a complaint made by a person against whom the false, frivolous or vexatious complaint was made or by an offi cer authorised by the Lokayukta.

(3) The prosecution in relation to an offence under sub-section (1) shall be conducted by the public prosecutor and all expenses connected with such prosecution shall be borne by the Government.

(4) In case of conviction of a person being an individual or Society or Association of persons or Trust (whether registered or not) for having made a false complaint under this Act, such person shall be liable to pay compensation to the public servant against whom he made the false complaint in addition to the legal expenses for contesting the case by such public servant, as the Court may determine.

(5) Nothing contained in this section shall apply in case of complaints made in good faith.

Explanation.— For the purpose of this sub-section, the expression "good faith" means any act believed or done by a person in good faith with due care, caution and sense of responsibility or by mistake of fact believing himself justifi ed by law under section 79 of the Indian Penal Central Act

XLV of 1860. Code,1860.

False

36. (1) Where any offence under sub-section (1) of section 35 complaint

has been committed by any Society or Association of persons or Trust made by

(whether registered or not), every person who, at the time the offence society or

was committed, was directly in charge of, and was responsible to, the association

of persons Society or Association of persons or Trust, for the conduct of the business or trust.

or affairs or activities of the society or Association of persons or Trust as well as such Society or Association of persons or Trust 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 provided in this Act, 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 an offence under this Act has been committed by a Society or Association of persons or Trust (whether registered or not) 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 such Society or Association of persons or Trust, such Director, Manager, Secretary or other offi cer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

CHAPTER - XI.

MISCELLANEOUS.

Protection of

37. No suit, prosecution or other legal proceedings under this Act action taken

shall lie against any public servant, in respect of anything which is done in in good faith

good faith or intended to be done in the discharge of his offi cial functions by any public

or in exercise of his powers.

servant.

Protection of

38. No suit, prosecution or other legal proceedings shall lie against action taken in

the Lokayukta or against any offi cer, employee, agency or any person, good faith by

in respect of anything which is done in good faith or intended to be done others.

under this Act or the rules or the regulations made thereunder.

Members, offi cers 39. The Chairperson, Members, offi cers and other employees of the

and employees Lokayukta shall be deemed, when acting or purporting to act in pursuance

of Lokayukta of any of the provisions of this Act, to be public servants within the meaning

to be public of section 21 of the Indian Penal Code, 1860.

Central Act XLV

servants.

of 1860.

Limitation to 40. The Lokayukta shall not inquire into any complaint, if the complaint

apply.

is not made within a period of four years from the date on which the offence mentioned in such complaint is alleged to have been committed.

Bar of 41. No Civil Court shall have jurisdiction in respect of any matter

Jurisdiction.

which the Lokayukta is empowered by or under this Act to determine.

Legal assistance.

42. The Lokayukta shall provide to every person against whom a complaint has been made, before it, under this Act, legal assistance to defend his case before the Lokayukta, if such assistance is requested for.

Act to have 43. The provisions of this Act shall have effect notwithstanding

overriding anything inconsistent therewith contained in any other law made by the

effect.

legislature of the State for the time being in force.

Power to make 44. (1) The Government may, by notifi cation, make rules to carry out

rules.

the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:—

(a) the form of complaint referred to in clause (d) of sub-section (1) of section 2;

(b) term of Search Committee, fees and allowances payable to its Members and the manner of selection of panel of names under sub-section (5) of section 4;

(c) appointment in respect of any post or posts under the proviso to sub-section (3) of section 9;

(d) conditions of service of Secretary and other offi cers and staff of the Lokayukta under sub-section (4) of section 9;

(e) other matters for which the Lokayukta shall have the powers of a Civil Court under clause (f) of sub-section (1) of section 24;

(f) the form and the time for preparing in each fi nancial year the budget for the next fi nancial year, showing the estimated receipts and expenditure of the Lokayukta under section 31;

(g) the form for maintaining the accounts and other relevant records and the form of annual statement of accounts under sub-section (1) of section 33;

(h) the form and manner and the time for preparing the returns and statements along with particulars under section 34;

(i) any other matter which is to be or may be prescribed.

(3) All rules made and notifi cation issued 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.

(4) Every rule, notifi cation or order made or 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 in the next session, the Legislative Assembly makes any modifi cation in any such rule, notifi cation or order or the Legislative Assembly decides that the rule, notifi cation or order should not be made or issued, the rule, 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, notifi cation or order.

Power

45. (1) Subject to the provisions of this Act and the rules made thereunder, the Lokayukta may, by notifi cation, make regulations to carry to make regulations.

out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing powers, such regulations may provide for all or any of the following matters, namely:—

(a) the manner for displaying on the website of the Lokayukta, the status of all complaints pending or disposed of along with records and evidence with reference thereto under sub-section (9) of section 19; and

(b) any other matter which is required to be, or may be, specifi ed under this Act.

Power to 46. (1) If any diffi culty arises in giving effect to the provisions of

remove this Act, the Government may, by an order published in the Tamil Nadu

diffi culties.

Government Gazette, make such provisions not inconsistent with the

provisions of this Act as appear to them to be necessary or expedient for removing such diffi culty:

Provided that no such order shall be made after the expiry of three years from the date of commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be, after it is made, before the Legislative Assembly.

(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 13th July 2018 and is hereby published

for general information:—

ACT No. 34 of 2018.

An Act further to amend the Tamil Nadu National Law School Act, 2012.

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 National Law School (Amendment) Act, Short title and 2018.

commence-

ment.

(2) It shall come into force at once.

Amendment of Tamil Nadu Act

2. In the long title to the Tamil Nadu National Law School Act, 2012 (herein after

Long Title.

9 of 2012.

referred to as the Principal Act), for the expression "National Law School", the expression

"National Law University" shall be substituted.

Amendment of 3. In section 1 of the Principal Act, for sub-section (1), the following

sub-section shall be substituted, namely:-

section 1.

"(1) This Act may be called the Tamil Nadu National Law University Act, 2012.".

4. In section 2 of the Principal Act,

Amendment of

section 2.

(1) clause (m) shall be omitted.

(2) after clause (o), the following clause shall be inserted, namely;

"(oo) "University" means the Tamil Nadu National Law University;".

Substitution of 5. In the principal Act, for the expression "School", wherever it occurs, the expression

the expression "University" shall be substituted.

"School".

6. References to "Tamil Nadu National Law School" and " Tamil Nadu National Law

Construction of School Act " in any Act or in any rule, notifi cation, proceedings, order, regulation, by-law

references or other instruments made or continued in force under the Principal Act shall be construed

to "The Tamil as references to "Tamil Nadu National Law University" and "Tamil Nadu National Law

Nadu National University Act" respectively.

Law School"

and "

Tamil Nadu

National Law

School Act".

(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