251-Ex-IV-2—1

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

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

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2018

[Price: Rs. 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

[ 111 ]

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

112

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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

commencement.

1. (1) This Act may be called the Tamil Nadu Industrial Establishments

(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.

Amendment of

section 8.

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

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;

Tamil Nadu Act

XXXIII of 1958.

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

expression “ten thousand rupees” shall be substituted.

Amendment of

section 9.

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

rupees”, the expression “one thousand rupees” shall be substituted.

Amendment of

section 12.

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

“ﬁ ve hundred rupees”, the expression “ﬁ ve thousand rupees” shall be

substituted.

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.

(By order of the Governor)

S.S. POOVALINGAM,

Secretary to Government,

Law Department.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

113

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

(Amendment) Act, 2018.

Short title and

commencement.

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

notiﬁ cation, appoint.

Tamil Nadu Act

XXXVI of 1947.

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

(hereinafter referred to as the principal Act), after clause (17), the following clause

shall be inserted, namely:—

Amendment of

section 2.

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

hours ahead of Greenwich Mean Time;”.

For section 3 of the principal Act, the following sections shall be

substituted, namely:—

Substitution of

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.

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.

114

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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

section 9.

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

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

section 14.

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

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

section 45.

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

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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

115

7. After section 47 of the principal Act, the following section shall be inserted,

namely:—

Insertion of new

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.”.

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

“which may extend to ﬁ fty rupees”, the expression “which may extend to two

thousand rupees” shall be substituted.

Amendment of

section 49.

9. After section 50 of the principal Act, the following section shall be inserted,

namely:—

Insertion of new

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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

117

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

mentioned in the fourth column thereof.

Repeal of certain

enactments.

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

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

Savings.

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

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

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

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

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

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

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

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

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

enactment hereby repealed;

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

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

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

118

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

THE SCHEDULE.

REPEALS.

(See section 2)

Year.

(1)

Number.

(2)

Short Title.

(3)

Extent of

Repeal.

(4)

President’s Acts.

1976

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Act, 1976.

The Whole

1988

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Second Amendment Act, 1988.

The Whole

1988

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Amendment Act, 1988.

The Whole

Tamil Nadu Acts.

1954

The State Co-operative Societies (Reconstitution and

Formation) Act, 1954.

The Whole

1978

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Amendment Act, 1978.

The Whole

1979

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Amendment Act, 1979.

The Whole

1979

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Second Amendment Act, 1979.

The Whole

1980

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Amendment Act, 1980.

The Whole

1981

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Amendment Act, 1981.

The Whole

1981

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Second Amendment Act, 1981.

The Whole

1982

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Amendment Act, 1982.

The Whole

1983

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Amendment Act, 1983.

The Whole

1984

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Amendment Act, 1984.

The Whole

1985

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Amendment Act, 1985.

The Whole

1986

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Amendment Act, 1986.

The Whole

1986

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Second Amendment Act, 1986.

The Whole

1987

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Amendment Act, 1987.

The Whole

1989

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Amendment Act, 1989.

The Whole

1989

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Act, 1989.

The Whole

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

119

Year.

(1)

Number.

(2)

Short Title.

(3)

Extent of

Repeal.

(4)

1990

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Laws (Amendment) Act, 1990.

The Whole

1991

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Amendment Act, 1991.

The Whole

1991

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Act, 1991.

The Whole

1992

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Amendment Act, 1992.

The Whole

1992

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Amendment Act, 1992.

The Whole

1993

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Amendment Act, 1993.

The Whole

1993

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Amendment Act, 1993.

The Whole

1993

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Second Amendment Act, 1993.

The Whole

1993

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Second Amendment Act, 1993.

The Whole

1994

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Amendment Act, 1994.

The Whole

1994

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Amendment Act, 1994.

The Whole

1994

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Second Amendment Act, 1994.

The Whole

1995

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Amendment Act, 1995.

The Whole

1995

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Amendment Act, 1995.

The Whole

1995

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Second Amendment Act, 1995.

The Whole

1996

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Third Amendment Act, 1995.

The Whole

1996

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Amendment Act, 1996.

The Whole

1996

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Amendment Act, 1996.

The Whole

1996

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Second Amendment Act, 1996.

The Whole

1997

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Amendment Act, 1997.

The Whole

1997

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Amendment Act, 1997.

The Whole

1997

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Second Amendment Act, 1997.

The Whole

1998

The Tamil Nadu Co-operative Societies (Appointment of

Special Ofﬁ cers) Amendment Act, 1998.

The Whole

120

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Year.

(1)

Number.

(2)

Short Title.

(3)

Extent of

Repeal.

(4)

1998

The Tamil Nadu Co-operative Societies (Appointment of Special

Ofﬁ cers) Second Amendment Act, 1998.

The Whole

1999

The Tamil Nadu Co-operative Societies (Appointment of Special

Ofﬁ cers) Amendment Act, 1999.

The Whole

1999

The Tamil Nadu Co-operative Societies (Appointment of Special

Ofﬁ cers) Second Amendment Act, 1999.

The Whole

2000

The Tamil Nadu Co-operative Societies (Appointment of Special

Ofﬁ cers) Amendment Act, 2000.

The Whole

2001

The Tamil Nadu Co-operative Societies (Appointment of Special

Ofﬁ cers) Amendment Act, 2001.

The Whole

2002

The Tamil Nadu Co-operative Societies (Appointment of Special

Ofﬁ cers) Amendment Act, 2002.

The Whole

2003

The Tamil Nadu Co-operative Societies (Appointment of Special

Ofﬁ cers) Amendment Act, 2003.

The Whole

2004

The Tamil Nadu Co-operative Societies (Appointment of Special

Ofﬁ cers) Amendment Act, 2004.

The Whole

2005

The Tamil Nadu Co-operative Societies (Appointment of Special

Ofﬁ cers) Amendment Act, 2005.

The Whole

2006

The Tamil Nadu Co-operative Societies (Appointment of Special

Ofﬁ cers) Amendment Act, 2006.

The Whole

2007

The Tamil Nadu Co-operative Societies (Appointment of Special

Ofﬁ cers) Amendment Act, 2007.

The Whole

2007

The Tamil Nadu Co-operative Societies (Appointment of Special

Ofﬁ cers) Second Amendment Act, 2007.

The Whole

2008

The Tamil Nadu Co-operative Societies (Appointment of Special

Ofﬁ cers) Amendment Act, 2008.

The Whole

2008

The Tamil Nadu Co-operative Societies (Appointment of Special

Ofﬁ cers) Second Amendment Act, 2008.

The Whole

2009

The Tamil Nadu Co-operative Societies (Appointment of Special

Ofﬁ cers) Amendment Act, 2009.

The Whole

2009

The Tamil Nadu Co-operative Societies (Appointment of Special

Ofﬁ cers) Second Amendment Act, 2009.

The Whole

2010

The Tamil Nadu Co-operative Societies (Appointment of Special

Ofﬁ cers) Amendment Act, 2010.

The Whole

2010

The Tamil Nadu Co-operative Societies (Appointment of Special

Ofﬁ cers) Second Amendment Act, 2010.

The Whole

2011

The Tamil Nadu Co-operative Societies (Appointment of Special

Ofﬁ cers) Amendment Act, 2011.

The Whole

2011

The Tamil Nadu Co-operative Societies (Appointment of Special

Ofﬁ cers) Second Amendment Act, 2011.

The Whole

2012

The Tamil Nadu Co-operative Societies (Appointment of Special

Ofﬁ cers) Amendment Act, 2012.

The Whole

2012

The Tamil Nadu Co-operative Societies (Appointment of Special

Ofﬁ cers) Second Amendment Act, 2012.

The Whole

(By order of the Governor)

S.S. POOVALINGAM,

Secretary to Government,

Law Department.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

121

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:—

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.

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

2018.

Short title.

2. The enactments speciﬁ ed in the First Schedule are hereby repealed to

the extent mentioned in the fourth column thereof.

Repeal of

certain

enactments.

3. The enactment speciﬁ ed in the Second Schedule is hereby amended to

the extent and in the manner mentioned in the fourth column thereof.

Amendment of

an enactment.

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

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

to;

Savings.

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

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

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

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

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

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

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

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

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

from any enactment hereby repealed;

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

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

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

122

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FIRST SCHEDULE.

REPEALS.

(See section 2)

Year.

(1)

Number.

(2)

Short Title.

(3)

Extent of

Repeal.

(4)

Central Acts of Local Application.

1837

XXXVI

The Tamil Nadu Public Property Malversation Act, 1837.

The Whole.

1925

XXXV

The

Tamil

Nadu,

Bengal

and

Bombay

Children

(Supplementary) Act, 1925.

The Whole.

Tamil Nadu Regulations.

1802

III

The Tamil Nadu Administration of Estates Regulation, 1802.

The Whole.

1802

XIX

The Indian Civil Service (Tamil Nadu) Loans Prohibition

Regulation, 1802.

The Whole.

1802

XXV

The Tamil Nadu Permanent Settlement Regulation, 1802.

The Whole.

1816

XII

The Tamil Nadu Village-Lands Disputes Regulation, 1816.

The Whole.

1817

VII

The Tamil Nadu Endowments and Escheats Regulation,

1817.

The Whole.

1817

VIII

The Tamil Nadu Revenue Recovery (Military Proprietors)

Regulation, 1817.

The Whole.

1822

The Tamil Nadu Permanent Settlement (Interpretation)

Regulation, 1822.

The Whole.

1829

The Tamil Nadu Hindu Wills Regulation, 1829.

The Whole.

1831

The Tamil Nadu Stamp Penalties Regulation, 1831.

The Whole.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

123

SECOND SCHEDULE.

AMENDMENT.

(See section 3)

Year.

(1)

Number.

(2)

Short Title.

(3)

Amendment.

(4)

Tamil Nadu Act.

1864

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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

125

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:—

(1) This Act may be called the Tamil Nadu Town and Country

Planning (Second Amendment) Act, 2018.

Short title and

commencement.

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

may, by notiﬁ cation, appoint.

Tamil Nadu

Act 35 of 1972.

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

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

Amendment of

section 2.

(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.

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:—

126

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Floor space index =

Total covered area on all ﬂ oors

Plot area;”.

(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.”.

Insertion of new

section 35-A.

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

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.”.

Substitution of

sections 36,

37 and 38.

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

sections shall be substituted, namely:—

“36.

Compulsory

acquisition

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 speciﬁ ed 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,—

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

127

(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

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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

129

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) 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

35 of 1972.

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

(hereinafter referred to as the principal Act),—

Amendment of

section 2.

(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;”.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Amendment of

section 36.

3. In section 36 of the principal Act, 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.

Amendment of

section 37.

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

Amendment of

section 38.

5. In section 38 of the principal Act, 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.

Insertion of

new Chapter

IV-A.

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

namely:—

“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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

131

(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;

(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;

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

133

(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.

134

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

39-I. Duties of designated ofﬁ cer.— (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;

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 ofﬁ cer to be ﬁ nal.— (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 ﬁ nal 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,—

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

135

(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;

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.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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;

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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

137

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) and

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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

section 48.

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

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

section 49.

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

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

section 99.

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

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

section 122.

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

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;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

141

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) This Act may be called the Tamil Nadu District Municipalities (Amendment)

Act, 2018.

Short title and

commence

ment.

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

day of July 2006.

Tamil Nadu Act V

of 1920.

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

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

namely:—

Substitution of

section 3-AA.

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

subject to certain modiﬁ cations.— 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.”.

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Notiﬁ cation to

cease to have

effect.

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

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

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.

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143

CHAPTER – I.

PRELIMINARY.

Short title and commencement.

Definitions.

CHAPTER – II.

ESTABLISHMENT AND COMPOSITION OF LOKAYUKTA.

Establishment and Composition of Lokayukta.

Appointment of Chairperson and Members on the recommendation of Selection

Committee.

Term of office of Chairperson and Members.

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

Restriction on employment by Chairperson and Members after ceasing to hold

office.

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

circumstances.

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.

THE TAMIL NADU LOKAYUKTA ACT, 2018.

Arrangement of Sections.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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.

CHAPTER – V.

JURISDICTION OF THE LOKAYUKTA.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

145

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.

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.

etc.,

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147

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-

ment.

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

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;

(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:

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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.

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

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

Criminal Procedure, 1973 shall have the meanings, respectively, assigned

to them in those Acts.

Central Act 49 of

1988.

Central Act 2 of

1974.

CHAPTER – II.

ESTABLISHMENT AND COMPOSITION OF LOKAYUKTA.

Establisment and

Composition of

Lokayukta.

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

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

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.

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149

(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;

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

profession.

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

Governor.

Appointment of

Chairperson

and Members

on the

recommen-

dation of

Selection

Committee.

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

Selection Committee comprising of the following Members:—

(a) Chief Minister — Chairperson;

(b) Speaker of the Legislative Assembly — Member;

Party in Opposition in the Legislative Assembly— Member.

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(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

Chairperson

and Members.

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

of the Selection Committee, be appointed by the Governor by warrant

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,

allowances

and other

conditions

of service of

Chairperson

and Members.

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

(a) the Chairperson shall be the same as those of the Chief

Justice of the High Court;

(b) other Members shall be the same as those of a Judge of the

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.

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151

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

shall be ineligible for,—

Restriction on

employment by

Chairperson

and Members

after ceasing to

hold ofﬁ ce.

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

Lokayukta;

(b) any other assignment or appointment which is required by

law to be made by the Governor;

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.

8. (1) In the event of occurrence of any vacancy in the ofﬁ ce of

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

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

as the Chairperson until the appointment of a new Chairperson to ﬁ ll such

vacancy.

Member to act as

Chairperson or

to discharge

his functions in

certain circums-

tances.

(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.

9. (1) There shall be a Secretary to the Lokayukta 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.

Secretary,

other ofﬁ cers

and staff of

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.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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

Lokayukta to

be charged on

Consolidated

Fund of State.

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

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

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

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

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

CHAPTER – V.

JURISDICTION OF THE LOKAYUKTA.

Jurisdiction of

Lokayukta

to include

Ministers,

Members of

Legislative

Assembly,

ofﬁ cers and

employees of

Government.

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

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

Central Act 49 of

1988.

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

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

Assembly;

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,

in connection with the affairs of the State;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

153

(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.

Central Act 49 of

1988.

(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

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.

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

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

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

Matters not

subject to

inquiry.

(a) action taken for the purpose of investigating crime relating

to the security of the State;

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(b) action taken in the exercise of powers in relation to

determining whether a matter shall go to a court or not;

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 Local Bodies Ombudsman Act, 2014.

Tamil Nadu Act

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

before any

court or

committee or

authority for

inquiry not to

be affected.

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

corruption under the Prevention of Corruption Act, 1988 has been pending

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

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

commencement of any inquiry after the commencement of this Act, such

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

Authority.

Central Act 49 of

1988.

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155

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;

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.

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

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

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

which may be dealt with by each Bench.

Distribution

of business

amongst

Benches.

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

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

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.

Power of

Chairperson to

transfer cases.

18. If the Members of a Bench consisting of an even number of

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.

Decision to be by

majority.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

CHAPTER - VI.

PROCEDURE IN RESPECT OF PRELIMINARY INQUIRY AND

DETAILED INQUIRY.

Provisions

relating to

complaints and

preliminary

inquiry and

detailed inquiry.

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

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

decides to proceed further, it shall,—

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

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:—

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157

(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;

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.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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

be prejudicially

affected to be

heard.

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

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

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

may require

any public

servant or any

other person

to furnish

information,

etc.,

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

preliminary inquiry or detailed inquiry, the Lokayukta or the Director

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

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

documents relevant to such preliminary inquiry or detailed inquiry, to

furnish any such information or produce any such document.

Previous sanction

not necessary

for inquiry.

22. No sanction or approval of any authority shall be required by

the Lokayukta for the purpose of making preliminary inquiry or detailed

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

powers of

Lokayukta.

23. The Lokayukta shall, notwithstanding anything contained in any

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

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

have powers

of civil court in

certain cases.

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

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

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

respect of the following matters, namely:—

Central Act V of

1908.

(a) summoning and enforcing the attendance of any person

and examining him on oath;

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

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159

(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.

Central Act XLV

of 1860.

(2) Any proceeding before the Lokayukta shall be deemed to be a

judicial proceeding within the meaning of section 193 of the Indian Penal

Code.

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

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

agency of the Government with the approval of the Government.

Power of

Lokayukta to

utilise services

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

(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.

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

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

available, that,—

Power of

Lokayukta to

recommend

transfer or

suspension of

public servant

connected with

allegation of

corruption.

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

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

(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.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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

Lokayukta to

give directions

to prevent

destruction of

records during

preliminary

inquiry.

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

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

preparation or custody of any document or record—

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

damage; or

(b) to prevent the public servant from altering or secreting

such document or record; or

any assets allegedly acquired by him through corrupt means.

Power to

delegate.

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

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

suspension of

Chairperson

and Members

of Lokayukta.

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

against the Chairperson or any Member.

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

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,—

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

161

(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

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.

Central Act

49 of 1988.

30. (1) Every complaint of allegation or wrong doing made against

any ofﬁ cer or employee or agency under or associated with the

Lokayukta for an offence punishable under the Prevention of Corruption

Act, 1988 shall be dealt with in accordance with the provisions of this

section.

Complaints

against

ofﬁ cials of

Lokayukta.

(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 .

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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

the Prevention of Corruption Act, 1988, or of any wrong doing, it shall,

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:

Central Act

49 of 1988.

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

Government.

32. The Government may, after due appropriation made by the

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

of accounts.

33. (1) The Lokayukta shall maintain proper accounts and other

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.

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163

(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.

34. The Lokayukta shall furnish to the Government, at such time and

in such form and manner as may be prescribed or as the 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.

Furnishing of

returns etc., to

Government.

CHAPTER - X.

ACTION ON FALSE COMPLAINTS.

35. (1) Notwithstanding anything contained in this Act, whoever makes

any false and frivolous or vexatious complaint under this Act shall, on

conviction, be punished with imprisonment for a term which may extend to

one year and with ﬁ ne which may extend to one lakh rupees.

Prosecution for

false complaint

and payment of

compensation,

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.

Central Act

XLV of 1860.

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

Code,1860.

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False

complaint

made by

society or

association

of persons

or trust.

36. (1) Where any offence under sub-section (1) of section 35

has been committed by any Society or Association of persons or Trust

(whether registered or not), every person who, at the time the offence

was committed, was directly in charge of, and was responsible to, the

Society or Association of persons or Trust, for the conduct of the business

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

action taken

in good faith

by any public

servant.

37. No suit, prosecution or other legal proceedings under this Act

shall lie against any public servant, in respect of anything which is done in

good faith or intended to be done in the discharge of his ofﬁ cial functions

or in exercise of his powers.

Protection of

action taken in

good faith by

others.

38. No suit, prosecution or other legal proceedings shall lie against

the Lokayukta or against any ofﬁ cer, employee, agency or any person,

in respect of anything which is done in good faith or intended to be done

under this Act or the rules or the regulations made thereunder.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

165

Central Act XLV

of 1860.

39. The Chairperson, Members, ofﬁ cers and other employees of the

Lokayukta shall be deemed, when acting or purporting to act in pursuance

of any of the provisions of this Act, to be public servants within the meaning

of section 21 of the Indian Penal Code, 1860.

Members, ofﬁ cers

and employees

of Lokayukta

to be public

servants.

40. The Lokayukta shall not inquire into any complaint, if the complaint

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.

Limitation to

apply.

41. No Civil Court shall have jurisdiction in respect of any matter

which the Lokayukta is empowered by or under this Act to determine.

Bar of

Jurisdiction.

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.

Legal assistance.

43. The provisions of this Act shall have effect notwithstanding

anything inconsistent therewith contained in any other law made by the

legislature of the State for the time being in force.

Act to have

overriding

effect.

44. (1) The Government may, by notiﬁ cation, make rules to carry out

the provisions of this Act.

Power to make

rules.

(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;

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;

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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

to make

regulations.

45. (1) Subject to the provisions of this Act and the rules made

thereunder, the Lokayukta may, by notiﬁ cation, make regulations to carry

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.

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167

46. (1) If any difﬁ culty arises in giving effect to the provisions of

this Act, the Government may, by an order published in the Tamil Nadu

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:

Power to

remove

difﬁ culties.

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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

169

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,

2018.

Short title and

commence-

ment.

(2) It shall come into force at once.

Tamil Nadu Act

9 of 2012.

2. In the long title to the Tamil Nadu National Law School Act, 2012 (herein after

referred to as the Principal Act), for the expression “National Law School”, the expression

“National Law University” shall be substituted.

Amendment of

Long Title.

3. In section 1 of the Principal Act, for sub-section (1), the following

sub-section shall be substituted, namely:-

“(1) This Act may be called the Tamil Nadu National Law University Act, 2012.”.

Amendment of

section 1.

4. In section 2 of the Principal Act,

(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;”.

Amendment of

section 2.

5. In the principal Act, for the expression “School”, wherever it occurs, the expression

“University” shall be substituted.

6. References to “Tamil Nadu National Law School” and “ Tamil Nadu National Law

School Act “ in any Act or in any rule, notiﬁ cation, proceedings, order, regulation, by-law

or other instruments made or continued in force under the Principal Act shall be construed

as references to “Tamil Nadu National Law University” and “Tamil Nadu National Law

University Act” respectively.

Substitution of

the expression

“School”.

Construction of

references

to “The Tamil

Nadu National

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