[3]
Ex-IV-2—268-62
No. 62]
CHENNAI, SATURDAY, FEBRUARY 15, 2020
Maasi 3, Vikari, Thiruvalluvar Aandu–2051
TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
©
[Regd. No. TN/CCN/467/2012-14.
GOVERNMENT OF TAMIL NADU
[R. Dis. No. 197/2009.
2020
[Price: Rs. 13.60 Paise.
Part IV—Section 2
Tamil Nadu Acts and Ordinances
CONTENTS
Pages.
ACTS:
No. 2 of 2020—The Tamil Nadu Agricultural Produce Marketing (Regulation) Amendment
Act, 2020.
..
..
..
..
..
..
4
No. 3 of 2020—The Tamil Nadu Regulation of Rights and Responsibilities of Landlords and
Tenants Amendment Act, 2020.
..
..
..
.. ..
..
5-6
No. 4 of 2020—The Tamil Nadu District Municipalities Amendment Act, 2020.
.. ..
..
7-10
No. 5 of 2020—The Tamil Nadu Municipal Laws Amendment Act, 2020
..
11-18
No. 6 of 2020—The Tamil Nadu Municipal Laws (Second Amendment) Act, 2020
..
..
19-22
No. 7 of 2020—The Tamil Nadu Panchayats (Amendment) Act, 2020.
..
..
..
23-24
No. 8 of 2020—The Tamil Nadu Panchayats (Second Amendment) Act, 2020 ..
..
25-26
No. 9 of 2020—The Tamil Nadu Dr.Ambedkar Law University (Amendment) Act, 2020
..
27-28
No. 10 of 2020—The Tamil Nadu Goods and Services Tax (Amendment) Act, 2020 .. ..
29-36
4
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
An Act further to amend the Tamil Nadu Agricultural
Produce Marketing (Regulation) Act, 1987.
Bඍ it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Seventieth Year of the Republic of India as follows:—
Short title and
commencement.
1. (1) This Act may be called the Tamil Nadu Agricultural
Produce Marketing (Regulation) Amendment Act, 2020.
(2) It shall be deemed to have come into force on the
27th day of November 2019.
Amendment of
section 33.
2.
In section 33 of the Tamil Nadu Agricultural Produce
Marketing (Regulation) Act, 1987 in the proviso to sub-section (1),
for the expression “eight years and six months”, the expression “nine
years” shall be substituted.
Tamil Nadu Act
27 of 1989.
Repeal and saving.
3.
(1) The Tamil Nadu Agricultural Produce Marketing
(Regulation) Third Amendment Ordinance, 2019 is hereby repealed.
Tamil Nadu
Ordinance 9 of
2019.
(2) Notwithstanding such repeal, anything done or any
action taken under the Tamil Nadu Agricultural Produce Marketing
(Regulation) Act, 1987, as amended by the said Ordinance, shall be
deemed to have been done or taken under the said Act, as amended
by this Act.
Tamil Nadu Act
27 of 1989.
The following Act of the Tamil Nadu Legislative Assembly received the
assent of the Governor on the 15th February 2020 and is hereby
published for general information:—
ACT No. 2 OF 2020.
(By order of the Governor)
C. GOPI RAVIKUMAR,
Secretary to Government (FAC),
Law Department.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
5
An Act further to amend the Tamil Nadu Regulation of Rights
and Responsibilities of Landlords and Tenants Act, 2017.
Bඍ it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Seventieth Year of the Republic of India as
follows:—
1. (1) This Act may be called the Tamil Nadu Regulation of
Rights and Responsibilities of Landlords and Tenants (Amendment)
Act, 2020.
Short title and
commencement.
(2) It shall be deemed to have come into force on the
20th day of September 2019.
Tamil Nadu Act 42 of
2017.
2. In section 4 of the Tamil Nadu Regulation of Rights and
Responsibilities of Landlords and Tenants Act, 2017, in sub-section
(2), for the expression “two hundred and ten days”, the expression
“fi ve hundred and seventy fi ve days” shall be substituted.
Amendment of
section 4.
Tamil Nadu
Ordinance 5 of
2019.
3. (1) The Tamil Nadu Regulation of Rights and Responsibilities
of Landlords and Tenants (Second Amendment) Ordinance, 2019 is
hereby repealed.
Repeal and saving.
Tamil Nadu Act 42 of
2017.
(2) Notwithstanding such repeal, anything done or any
action taken under the Tamil Nadu Regulation of Rights and
Responsibilities of Landlords and Tenants Act, 2017, as amended
by the said Ordinance, shall be deemed to have been done or taken
under the said Act, as amended by this Act.
(By order of the Governor)
C. GOPI RAVIKUMAR,
Secretary to Government (FAC),
Law Department.
The following Act of the Tamil Nadu Legislative Assembly received the
assent of the Governor on the 15th February 2020 and is hereby
published for general information:—
ACT No. 3 OF 2020.
6
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
7
The following Act of the Tamil Nadu Legislative Assembly received the
assent of the Governor on the 15th February 2020 and is hereby
published for general information:—
ACT No. 4 OF 2020.
Bඍ it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Seventieth Year of the Republic of India as
follows:—
1. (1) This Act may be called the Tamil Nadu District
Municipalities (Amendment) Act, 2020.
Short title and
commencement.
(2) Clause (b) of section 10 shall be deemed to have come
into force on the 12th day of November 2019 and all the remaining
provisions of this Act shall be deemed to have come into force on
the 6th day of January 2011.
Tamil Nadu Act V of
1920.
2. In section 3 of the Tamil Nadu District Municipalities Act,
1920 (hereinafter referred to as the principal Act),—
Amendment of
section 3.
(a) in clause (7-A), the expression “Third Grade
Municipality” shall be omitted;
(b) in clause (12-C), the expression “the Third Grade
Municipality” shall be omitted;
(c) in clause (29-A), the expression “Third Grade
Municipality or” shall be omitted;
(d) clause (29-AA) shall be omitted.
3. Chapter I-A of the principal Act shall be omitted.
Omission of Chapter
I-A.
4. In section 24-A of the principal Act, for the expression “Third
Grade Municipality”, the expression “Town Panchayat” shall be
substituted.
Amendment of
section 24-A.
5. In section 28 of the principal Act, in sub-section (1), for clause
(a), the following clause shall be substituted, namely:—
Amendment of
section 28.
“(a) in the case of town panchayats, the persons referred to in
sub-section (2) of section 3-Q;”.
6. In section 30 of the principal Act, in Explanation-II, for clause
(a), the following clause shall be substituted, namely:—
Amendment of
section 30.
“(a) in the case of town panchayats, the persons referred to in
sub-section (2) of section 3-Q;”.
7. In section 43-B of the principal Act,—
Amendment of
section 43-B.
(a) in the marginal heading, for the expression “Third
Grade Municipalities and Town Panchayats”, the expression “Town
Panchayats” shall be substituted;
(b) in sub-section (1), for the expression “Third Grade
Municipalities and Town Panchayats”, the expression “Town
Panchayats” shall be substituted.
An Act further to amend the Tamil Nadu District Municipalities Act, 1920.
8
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Amendment of
section 43-BB.
8. In section 43-BB of the principal Act, in sub-section (1), for
the expression “Third Grade Municipality and Town Panchayat”, the
expression “Town Panchayat” shall be substituted.
Amendment of
section 49-A.
9. In section 49-A of the principal Act, for the expression “Third
Grade Municipality”, the expression “town panchayat” shall be
substituted.
Amendment of
section 50.
10. In section 50 of the principal Act, in sub-section (1),—
(a) the expression “clauses (b) and (c) of sub-section (2) of
section 3-C or” shall be omitted;
(b) for the expression “(a) becomes of unsound mind”, the
following expression shall be substituted, namely:—
“(b) becomes of unsound mind;”.
Amendment of
section 68.
11. In section 68 of the principal Act, in sub-section (1), in
THE TABLE, for the expression “III Grade Municipalities and town
panchayats”, the expression “Town panchayats” shall be substituted.
Amendment of
section 124-B.
12. In section 124-B of the principal Act, in sub-section (1), for
the expression “Third Grade Municipalities”, wherever it occurs, the
expression “town panchayats” shall be substituted.
Amendment of
section 223-A.
13. In section 223-A of the principal Act, in sub-section (1),
for the expression “third grade municipality, town panchayat or
municipality”, the expression “town panchayat or municipality” shall
be substituted.
Amendment of
section 223-B.
14. In section 223-B of the principal Act, in sub-section (1),
for the expression “third grade municipality, town panchayat or
municipality”, the expression “town panchayat or municipality” shall
be substituted.
Amendment of
section 285-C.
15. In section 285-C of the principal Act, in sub-section (5),
for the expression “municipality, town panchayat or Third Grade
Municipality”, the expression “municipality or town panchayat” shall
be substituted.
Amendment of
section 285-CC.
16. In section 285-CC of the principal Act,—
(a) in sub-section (1), in THE TABLE, for the expression
“Third Grade Municipalities”, the expression “Town Panchayats”
shall be substituted.
(b) in sub-section (2), for the expression “municipality,
town panchayat or Third Grade Municipality”, the expression
“municipality or town panchayat” shall be substituted.
Amendment of
section 357-A.
17. In section 357-A of the principal Act, including marginal
heading, for the expression “including Third Grade Municipality and
Town Panchayat”, the expression “including Town Panchayat” shall
be substituted.
Amendment of
section 370.
18. In section 370 of the principal Act, in sub-section (3), for the
expression “Third Grade Municipality”, occurring in two places, the
expression “Town Panchayat” shall be substituted.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
9
(By order of the Governor)
C. GOPI RAVIKUMAR,
Secretary to Government (FAC),
Law Department.
19. In section 373 of the principal Act,—
Amendment of
section 373.
(a) in the marginal heading, for the expression “Third Grade
Municipality”, the expression “town panchayat” shall be substituted;
(b) in the opening part and in clauses (d) and (j), for the
expression “transitional area”, the expression “panchayat town”
shall be substituted;
(c) in clause (b), for the expression “for the panchayat
area a Third Grade Municipality”, the expression “for the panchayat
town, a town panchayat” shall be substituted;
(d) in clauses (c), (f), (g), (h), (i) and (j), for the expression
“Third Grade Municipality” wherever it occurs, the expression “town
panchayat” shall be substituted.
20. In section 374 of the principal Act, for the expression “Third
Grade Municipality”, the expression “town panchayat” shall be
substituted.
Amendment of
section 374.
21. Section 375 of the principal Act shall be omitted.
Omission of section
375.
22. Section 376 of the principal Act shall be omitted.
Omission of section
376.
23. The expressions “Third Grade Municipality”, “Third Grade
Municipalities”, “the Third Grade Municipalities”, “or the Third Grade
Municipalities”, “or a Third Grade Municipality”, “or Third Grade
Municipality”, “or of a Third Grade Municipality” and “Third Grade
Municipalities and” occurring in any rules, by-law, notifi cation or
order made under the principal Act shall be omitted.
Omission of certain
expressions.
Tamil Nadu
Ordinance 6 of
2019.
24. (1) The Tamil Nadu District Municipalities (Amendment)
Ordinance, 2019 is hereby repealed.
Repeal and saving.
(2) Notwithstanding such repeal, anything done or any
action taken under the principal Act, as amended by the said
Ordinance, shall be deemed to have been done or taken under the
principal Act, as amended by this Act.
10
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
11
An Act further to amend the laws relating to the Municipal
Corporations and Municipalities in the State of Tamil Nadu.
Bඍ it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Seventieth Year of the Republic of India as
follows:—
PART – I.
PRELIMINARY.
1. (1) This Act may be called the Tamil Nadu Municipal Laws
(Amendment) Act, 2020.
Short title and
commence-
ment.
(2) It shall be deemed to have come into force on the
19th day of November 2019.
PART – II.
AMENDMENTS TO THE CHENNAI CITY MUNICIPAL
CORPORATION ACT, 1919.
Tamil Nadu Act IV
of 1919.
2. For section 28 of the Chennai City Municipal Corporation
Act, 1919 (hereinafter in this Part referred to as the 1919 Act), the
following section shall be substituted, namely:—
Substitution of
section 28.
“28. Election of Mayor.— (1) The council shall, at its fi rst
meeting after each ordinary election to the council, elect one of its
councillors to be the Mayor.
(2) The Mayor shall hold offi ce for a period of fi ve years
from the date of his election and he shall continue as such Mayor,
provided that in the meantime he does not cease to be a councillor.
(3) Any casual vacancy in the offi ce of the Mayor shall be
fi lled by a fresh election and a person elected as Mayor on any such
vacancy shall enter upon offi ce forthwith and hold offi ce only so long
as the person in whose place he is elected would have been entitled
to hold offi ce, if the vacancy had not occurred.
(4) A Mayor shall be deemed to have vacated his offi ce on his
becoming disqualifi ed for holding the offi ce or on his removal from
offi ce or on the expiry of his term of offi ce or on his otherwise ceasing
to be the Mayor.”.
3. In section 44-AC of the 1919 Act,—
Amendment of
section 44-AC.
(1) in the marginal heading, for the expression “Deputy
Mayor”, the expression “Mayor or Deputy Mayor” shall be substituted;
(2) in sub-section (1), for the expression “Deputy Mayor”, the
expression “Mayor or Deputy Mayor” shall be substituted;
(3) in sub-section (12), for the expression “Deputy Mayor”,
the expression “Mayor or Deputy Mayor, as the case may be” shall
be substituted;
The following Act of the Tamil Nadu Legislative Assembly received the
assent of the Governor on the 15th February 2020 and is hereby
published for general information:—
ACT No. 5 OF 2020.
12
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(4) in sub-section (13), for the expression “Deputy Mayor”,
the expression “Mayor or Deputy Mayor” shall be substituted;
(5) in sub-section (14), for the expression “a Deputy Mayor”,
the expression “a Mayor or a Deputy Mayor” shall be substituted.
Amendment of
section 53.
4. In section 53 of the 1919 Act, in sub-section (1), for the
expression “(a) becomes of unsound mind”, the following expression
shall be substituted, namely:—
“(b) becomes of unsound mind;”.
Amendment of
section 59.
5. In section 59 of the 1919 Act, in sub-section (2),
in clause (c), for the expression “councillor or Mayor”, the expression
“councillor” shall be substituted.
PART – III.
AMENDMENTS TO THE TAMIL NADU DISTRICT
MUNICIPALITIES ACT, 1920.
Amendment of
section 3-T.
6. In section 3-T of the Tamil Nadu District Municipalities Act,
1920 (hereinafter in this Part referred to as the 1920 Act), in sub-
section (1), the expression “(exclusive of its chairman)” shall be
omitted.
Tamil Nadu Act V
of 1920.
Amendment of
section 7.
7. In section 7 of the 1920 Act, in sub-section (1), the expression
“(exclusive of its chairman)” shall be omitted.
Substitution of
section 7-A.
8. For section 7-A of the 1920 Act, the following section shall be
substituted, namely:—
“7-A. Election of chairman.— (1) The council shall, at its
fi rst meeting after each ordinary election to the council, elect one of
its councillors to be its chairman.
(2) The chairman shall hold offi ce for a period of fi ve years
from the date of his election and he shall continue as such chairman,
provided that in the meantime he does not cease to be a councillor.
(3) Any casual vacancy in the offi ce of the chairman shall be
fi lled by a fresh election and a person elected as chairman on any
such vacancy shall enter upon offi ce forthwith and hold offi ce only
so long as the person in whose place he is elected would have been
entitled to hold offi ce, if the vacancy had not occurred.
(4)
A
chairman
shall
be
deemed
to
have
vacated his offi ce on his becoming disqualifi ed for holding the offi ce
or on his removal from offi ce or on the expiry of the term of offi ce or
on his otherwise ceasing to be the chairman.”.
Amendment of
section 8
9. In section 8 of the 1920 Act,—
.
(1) in the marginal heading, for the expression “chairman or
councillors”, the expression “councillors” shall be substituted;
(2) in sub-section (1), for the expression “chairman and
councillors”, the expression “councillors” shall be substituted;
(3) in sub-section (2), for the expression “chairman and
councillors”, the expression “councillors” shall be substituted;
(4) sub-section (2-A) shall be omitted;
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
13
(5) in sub-section (3), for the expression “The chairman or a
councillor”, the expression “A councillor” shall be substituted;
(6) in sub-section (4), for the expression “the chairman or a
councillor”, the expression “a councillor” shall be substituted;
(7) in sub-section (5), for the expression “The chairman or
a councillor” and “the chairman or the councillor”, the expression “A
councillor” and “the councillor” shall, respectively, be substituted.
10. In section 9 of the 1920 Act,—
Amendment of
section 9.
(1) in the marginal heading, for the expression “chairman or
councillor”, the expression “councillor” shall be substituted;
(2) in sub-section (1), for the expression “chairman or
councillor”, the expression “councillor” shall be substituted;
(3) in sub-section (3), for the expression “a chairman or a
councillor elected under sub-section (1)”, the expression “a councillor
elected under sub-section (1)” shall be substituted.
11. In section 12 of the 1920 Act, sub-section (4) shall be omitted.
Amendment of
section 12.
12. For section 12-A of the 1920 Act, the following section shall
be substituted, namely:—
Substitution of
section 12-A.
“12-A. Procedure when no chairman or vice-chairman is
elected.— If at an election held under section 7-A or under section
12 no chairman or vice-chairman, as the case may be, is elected, a
fresh election shall be held.”.
13. For section 14 of the 1920 Act, the following section shall be
substituted, namely:—
Substitution of
section 14.
“14. Chairman to be member of every committee of
council.—The chairman shall, by virtue of his offi ce, be a member of
every committee of the council.”.
14. In section 30 of the 1920 Act,—
Amendment of
section 30.
(1) in the marginal heading, for the expression “Chairman
and councillor”, the expression “Councillor” shall be substituted;
(2) in sub-section (1), for the expression “chairman or
councillor”, the expression “councillor” shall be substituted.
15. In section 40 of the 1920 Act, including the marginal head-
ing, for the expression “vice-chairman”, wherever it occurs, the
expression “chairman or vice-chairman” shall be substituted.
Amendment of
section 40.
16. In section 40-A of the 1920 Act,—
Amendment of
section 40-A.
(1)
in
the
marginal
heading,
for
the
expression
“vice-chairman”, the expression “chairman or vice-chairman” shall be
substituted;
(2) in sub-section (1), for the expression “vice-chairman”, the
expression “chairman or vice-chairman” shall be substituted;
14
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(3) in sub-section (12), for the expression “vice-chairman”,
the expression “chairman or vice-chairman, as the case may be”
shall be substituted;
(4) in sub-section (13), for the expression “vice-chairman”,the
expression “chairman or vice-chairman” shall be substituted;
(5) in sub-section (14), for the expression “a vice-chairman”,
the expression “a chairman or a vice-chairman” shall be substituted.
Omission of
section 40-B.
17. Section 40-B of the 1920 Act shall be omitted.
Amendment of
section 43-C.
18. In section 43-C of the 1920 Act, in sub-section (2),—
(1) for the expression “chairman or councillors”, the
expression “councillors” shall be substituted;
(2) for the expression “chairman or councillor”, the
expression “councillor” shall be substituted.
Amendment of
section 48.
19. In section 48 of the 1920 Act, for the expression “chairman or
as a councillor”, occurring in two places, the expression “councillor”
shall be substituted.
Amendment of
section 49.
20. In section 49 of the 1920 Act,—
(1) in sub-section (1), for the expression “chairman or
councillor”, the expression “councillor” shall be substituted;
(2) in sub-section (2),—
(a) in the opening portion, for the expression “as a
chairman or election as a councillor”, the expression “as a councillor”
shall be substituted;
(b) in clause (e), for the expression “the chairman or a
councillor” occurring in two places, the expression “a councillor” shall
be substituted.
Amendment of
section 50.
21. In section 50 of the 1920 Act,—
(1) in the marginal heading, for the expression “chairman or
councillors”, the expression “councillors” shall be substituted;
(2) in sub-section (1),—
(a) in the opening portion, for the expression “the chairman or a
councillor”, the expression “a councillor” shall be substituted;
(b) in clause (f), for the expression “of the chairman or
any other councillor”, the expression “of any other councillor” shall be
substituted;
(c) in clause (i),—
(i) for the expression “the chairman or councillor”,
the expression “councillor” shall be substituted;
(ii) in the proviso, for the expression “the chairman or
a councillor”, the expression “a councillor” shall be substituted;
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
15
(3) in sub-section (4),—
(a) for the expression “the chairman or a councillor”, the
expression “a councillor” shall be substituted;
(b) for the expression “chairman or councillor”,
the expression “councillor” shall be substituted;
22. In section 51 of the 1920 Act,—
Amendment of
section 51.
(1) in the marginal heading, for the expression “chairman or
councillor”, the expression “councillor” shall be substituted;
(2) in sub-section (1), for the expression “the chairman or a
councillor”, “the chairman or any councillor” and “such chairman or
councillor”, the expression “a councillor”, “any councillor” and “such
councillor” shall, respectively, be substituted;
(3) in sub-section (3), for the expression “chairman or the
councillor”, the expression “councillor” shall be substituted.
23. In section 368 of the 1920 Act,—
Amendment of
section 368.
(1) in sub-section (2), for the expression “chairman
and councillors”, the expression “councillors” shall be substituted;
(2) in sub-section (5), for the expression “chairman and
councillors”, the expression “councillors” shall be substituted;
(3) in sub-section (6), for the expression “chairman
or councillors”, the expression “councillors” shall be substituted.
PART – IV.
AMENDMENTS TO THE MADURAI CITY MUNICIPAL
CORPORATION ACT, 1971.
Tamil Nadu Act 15
of 1971.
24. For section 29 of the Madurai City Municipal Corporation
Act, 1971 (hereinafter in this Part referred to as the 1971 Act), the
following section shall be substituted, namely:—
Substitution of
section 29.
“29. Election of Mayor.— (1) The council shall, at
its fi rst meeting after each ordinary election to the council, elect one
of its councillors to be the Mayor.
(2) The Mayor shall hold offi ce for a period of fi ve years
from the date of his election and he shall continue as such Mayor,
provided that in the meantime he does not cease to be a councillor.
(3) Any casual vacancy in the offi ce of the Mayor shall
be fi lled by a fresh election and a person elected as Mayor on any
such vacancy shall enter upon offi ce forthwith and hold offi ce only
so long as the person in whose place he is elected would have been
entitled to hold offi ce, if the vacancy had not occurred.
(4) A Mayor shall be deemed to have vacated his offi ce
on his becoming disqualifi ed for holding the offi ce or on his removal
from offi ce or on the expiry of his term of offi ce or on his otherwise
ceasing to be the Mayor.”.
16
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Amendment of
section 48-AB
25. In section 48-AB of the 1971 Act,—
.
(1) in the marginal heading, for the expression “Deputy
Mayor”, the expression “Mayor or Deputy Mayor” shall be substituted;
(2) in sub-section (1), for the expression “Deputy Mayor”, the
expression “Mayor or Deputy Mayor” shall be substituted;
(3) in sub-section (12), for the expression “Deputy Mayor”,
the expression “Mayor or Deputy Mayor, as the case may be” shall
be substituted;
(4) in sub-section (13), for the expression “Deputy Mayor”,
the expression “Mayor or Deputy Mayor” shall be substituted;
(5) in sub-section (14), for the expression “a Deputy Mayor”,
the expression “a Mayor or a Deputy Mayor” shall be substituted.
Amendment of
section 66.
26. In section 66 of the 1971 Act, in sub-section (2),
in clause (b), for the expression “councillor or Mayor”, the expression
“councillor” shall be substituted.
PART – V.
AMENDMENTS TO THE COIMBATORE CITY MUNICIPAL
CORPORATION ACT, 1981.
Substitution of
section 29.
27. For section 29 of the Coimbatore City Municipal Corporation
Act, 1981 (hereinafter in this Part referred to as the 1981 Act), the
following section shall be substituted, namely:—
Tamil Nadu Act 25
of 1981.
“29. Election of Mayor.— (1) The council shall, at its fi rst
meeting after each ordinary election to the council, elect one of its
councillors to be the Mayor.
(2) The Mayor shall hold offi ce for a period of fi ve years
from the date of his election and he shall continue as such Mayor,
provided that in the meantime he does not cease to be a councillor.
(3) Any casual vacancy in the offi ce of the Mayor shall
be fi lled by a fresh election and a person elected as Mayor on any
such vacancy shall enter upon offi ce forthwith and hold offi ce only
so long as the person in whose place he is elected would have been
entitled to hold offi ce, if the vacancy had not occurred.
(4) A Mayor shall be deemed to have vacated his offi ce
on his becoming disqualifi ed for holding the offi ce or on his removal
from offi ce or on the expiry of his term of offi ce or on his otherwise
ceasing to be the Mayor.”.
Amendment of
section 50-C.
28. In section 50-C of the 1981 Act,—
(1) in the marginal heading, for the expression “Deputy
Mayor”, the expression “Mayor or Deputy Mayor” shall be substituted;
(2) in sub-section (1), for the expression “Deputy Mayor”, the
expression “Mayor or Deputy Mayor” shall be substituted;
(3) in sub-section (12), for the expression “Deputy Mayor”,
the expression “Mayor or Deputy Mayor, as the case may be” shall
be substituted;
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
17
(4) in sub-section (13), for the expression “Deputy Mayor”,
the expression “Mayor or Deputy Mayor” shall be substituted;
(5) in sub-section (14), for the expression “a Deputy Mayor”,
the expression “a Mayor or a Deputy Mayor” shall be substituted.
29. In section 68 of the 1981 Act, in sub-section (2),
in clause (b), for the expression “councillor or Mayor”, the expression
“councillor” shall be substituted.
Amendment of
section 68.
Tamil Nadu
Ordinance
8 of 2019.
30. (1) The Tamil Nadu Municipal Laws (Fifth Amendment)
Ordinance, 2019 is hereby repealed.
Repeal and
saving.
Tamil Nadu Act IV
of 1919.
Tamil Nadu Act V
of 1920.
Tamil Nadu Act 15
of 1971.
Tamil Nadu Act 25
of 1981.
(2) Notwithstanding such repeal, anything done or any
action taken under the Chennai City Municipal Corporation Act, 1919,
the Tamil Nadu District Municipalities Act, 1920, the Madurai City
Municipal Corporation Act, 1971 and the Coimbatore City Municipal
Corporation Act, 1981, as amended by the said Ordinance, shall be
deemed to have been done or taken under the respective Acts, as
amended by this Act.
(By order of the Governor)
C. GOPI RAVIKUMAR,
Secretary to Government (FAC),
Law Department.
18
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
19
An Act further to amend the laws relating to the Municipal
Corporations and Municipalities in the State of Tamil Nadu.
Bඍ it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Seventieth Year of the Republic of India as follows:—
PART – I.
PRELIMINARY.
1. (1) This Act may be called the Tamil Nadu Municipal Laws
(Second Amendment) Act, 2020.
Short title and
commencement.
(2) It shall be deemed to have come into force on the
31st day of December 2019.
PART – II.
AMENDMENT TO THE CHENNAI CITY MUNICIPAL CORPORATION
ACT, 1919.
Tamil Nadu Act IV
of 1919.
2. In section 414-B of the Chennai City Municipal Corporation Act,
1919, for the expression “upto the 31st day of December 2019”, the
expression “upto the 30th day of June 2020” shall be substituted.
Amendment of
section 414-B.
PART – III.
AMENDMENT TO THE TAMIL NADU DISTRICT MUNICIPALITIES
ACT, 1920.
Tamil Nadu Act V
of 1920.
3. In section 375-B of the Tamil Nadu District Municipalities Act,
1920, for the expression “upto the 31st day of December 2019”, the
expression “upto the 30th day of June 2020” shall be substituted.
Amendment of
section 375-B.
PART – IV.
AMENDMENT TO THE MADURAI CITY MUNICIPAL CORPORATION
ACT, 1971.
Tamil Nadu Act 15
of 1971.
4. In section 510-AAA of the Madurai City Municipal Corporation
Act, 1971, for the expression “upto the 31st day of December 2019”, the
expression “upto the 30th day of June 2020” shall be substituted.
Amendment of
section 510-AAA.
PART – V.
AMENDMENT TO THE COIMBATORE CITY MUNICIPAL
CORPORATION ACT, 1981.
Tamil Nadu Act 25
of 1981.
5. In section 511-AAA of the Coimbatore City Municipal Corporation
Act, 1981, for the expression “upto the 31st day of December 2019”, the
expression “upto the 30th day of June 2020” shall be substituted.
Amendment of
section 511-AAA.
The following Act of the Tamil Nadu Legislative Assembly received the
assent of the Governor on the 15th February 2020 and is hereby
published for general information:—
ACT No. 6 OF 2020.
20
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
PART – VI.
AMENDMENT TO THE TIRUCHIRAPPALLI CITY MUNICIPAL
CORPORATION ACT, 1994.
Amendment of
section 10-A.
6. In section 10-A of the Tiruchirappalli City Municipal Corporation
Act, 1994, for the expression “upto the 31st day of December 2019”, the
expression “upto the 30th day of June 2020” shall be substituted.
Tamil Nadu Act 27
of 1994.
PART – VII.
AMENDMENT TO THE TIRUNELVELI CITY MUNICIPAL
CORPORATION ACT, 1994.
Amendment of
section 10-A.
7. In section 10-A of the Tirunelveli City Municipal Corporation Act,
1994, for the expression “upto the 31st day of December 2019”, the
expression “upto the 30th day of June 2020” shall be substituted.
Tamil Nadu Act 28
of 1994.
PART – VIII.
AMENDMENT TO THE SALEM CITY MUNICIPAL CORPORATION
ACT, 1994.
Amendment of
section 10-A.
8. In section 10-A of the Salem City Municipal Corporation Act,
1994, for the expression “upto the 31st day of December 2019”, the
expression “upto the 30th day of June 2020” shall be substituted.
Tamil Nadu Act 29
of 1994.
PART – IX.
AMENDMENT TO THE TIRUPPUR CITY MUNICIPAL
CORPORATION ACT, 2008.
Amendment of
section 9-A.
9. In section 9-A of the Tiruppur City Municipal Corporation Act,
2008, for the expression “upto the 31st day of December 2019”, the
expression “upto the 30th day of June 2020” shall be substituted.
Tamil Nadu Act 7 of
2008.
PART – X.
AMENDMENT TO THE ERODE CITY MUNICIPAL CORPORATION
ACT, 2008.
Amendment of
section 9-A.
10. In section 9-A of the Erode City Municipal Corporation Act,
2008, for the expression “upto the 31st day of December 2019”, the
expression “upto the 30th day of June 2020” shall be substituted.
Tamil Nadu Act 8 of
2008.
PART – XI.
AMENDMENT TO THE VELLORE CITY MUNICIPAL CORPORATION
ACT, 2008.
Amendment of
section 9-A.
11. In section 9-A of the Vellore City Municipal Corporation Act,
2008, for the expression “upto the 31st day of December 2019”, the
expression “upto the 30th day of June 2020” shall be substituted.
Tamil Nadu Act 26
of 2008.
PART – XII.
AMENDMENT TO THE THOOTHUKUDI CITY MUNICIPAL
CORPORATION ACT, 2008.
Amendment of
section 9-A.
12. In section 9-A of the Thoothukudi City Municipal Corporation
Act, 2008, for the expression “upto the 31st day of December 2019”, the
expression “upto the 30th day of June 2020” shall be substituted.
Tamil Nadu Act 27
of 2008.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
21
PART – XIII.
AMENDMENT TO THE THANJAVUR CITY MUNICIPAL
CORPORATION ACT, 2013.
Tamil Nadu Act 24
of 2013.
13. In section 9-A of the Thanjavur City Municipal Corporation Act,
2013, for the expression “upto the 31st day of December 2019”, the
expression “upto the 30th day of June 2020” shall be substituted.
Amendment of
section 9-A.
PART – XIV.
AMENDMENT TO THE DINDIGUL CITY MUNICIPAL
CORPORATION ACT, 2013.
Tamil Nadu Act 25
of 2013.
14. In section 9-A of the Dindigul City Municipal Corporation Act,
2013, for the expression “upto the 31st day of December 2019”, the
expression “upto the 30th day of June 2020” shall be substituted.
Amendment of
section 9-A.
PART – XV.
AMENDMENT TO THE HOSUR CITY MUNICIPAL CORPORATION
ACT, 2019.
Tamil Nadu Act 10
of 2019.
15. In section 10 of the Hosur City Municipal Corporation Act, 2019,
in sub-section (4), for the expression “upto the 31st day of December
2019”, the expression “upto the 30th day of June 2020” shall be
substituted.
Amendment of
section 10.
PART – XVI.
AMENDMENT TO THE NAGERCOIL CITY MUNICIPAL
CORPORATION ACT, 2019.
Tamil Nadu Act 11
of 2019.
16. In section 10 of the Nagercoil City Municipal Corporation
Act, 2019, in sub-section (4), for the expression “upto the 31st day of
December 2019”, the expression “upto the 30th day of June 2020” shall
be substituted.
Amendment of
section 10.
PART – XVII.
AMENDMENT TO THE AVADI CITY MUNICIPAL CORPORATION
ACT, 2019.
Tamil Nadu Act 24
of 2019.
17. In section 10 of the Avadi City Municipal Corporation Act, 2019,
in sub-section (4), for the expression “upto the 31st day of December
2019”, the expression “upto the 30th day of June 2020” shall be
substituted.
Amendment of
section 10.
Tamil Nadu
Ordinance
13 of 2019.
18. (1) The Tamil Nadu Municipal Laws (Sixth Amendment)
Ordinance, 2019 is hereby repealed.
Repeal and saving.
22
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(2) Notwithstanding such repeal, anything done or any action
taken under the Chennai City Municipal Corporation Act, 1919, the
Tamil Nadu District Municipalities Act, 1920, the Madurai City Municipal
Corporation Act, 1971, the Coimbatore City Municipal Corporation
Act, 1981, the Tiruchirappalli City Municipal Corporation Act, 1994,
the Tirunelveli City Municipal Corporation Act, 1994, the Salem City
Municipal Corporation Act, 1994, the Tiruppur City Municipal Corporation
Act, 2008, the Erode City Municipal Corporation Act, 2008, the Vellore
City Municipal Corporation Act, 2008, the Thoothukudi City Municipal
Corporation Act, 2008, the Thanjavur City Municipal Corporation Act,
2013, the Dindigul City Municipal Corporation Act, 2013, the Hosur
City Municipal Corporation Act, 2019, the Nagercoil City Municipal
Corporation Act, 2019 and the Avadi City Municipal Corporation Act,
2019, as amended by the said Ordinance, shall be deemed to have
been done or taken under the respective Acts, as amended by this Act.
Tamil Nadu Act IV of
1919.
Tamil Nadu Act V of
1920.
Tamil Nadu Act 15
of 1971.
Tamil Nadu Act 25
of 1981.
Tamil Nadu Act 27
of 1994.
Tamil Nadu Act 28
of 1994.
Tamil Nadu Act 29
of 1994.
Tamil Nadu Act 7 of
2008.
Tamil Nadu Act 8 of
2008.
Tamil Nadu Act 26
of 2008.
Tamil Nadu Act 27
of 2008.
Tamil Nadu Act 24
of 2013.
Tamil Nadu Act 25
of 2013.
Tamil Nadu Act 10
of 2019.
Tamil Nadu Act 11
of 2019.
Tamil Nadu Act 24
of 2019.
(By order of the Governor)
C. GOPI RAVIKUMAR,
Secretary to Government (FAC),
Law Department.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
23
An Act further to amend the Tamil Nadu Panchayats
Act, 1994.
Bඍ it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Seventieth Year of the Republic of India as follows:—
1. (1) This Act may be called the Tamil Nadu Panchayats
(Amendment) Act, 2020.
Short title and
commencement.
(2) It shall be deemed to have come into force on the 19th day
of November 2019.
Tamil Nadu Act
21 of 1994.
2. In section 53 of the Tamil Nadu Panchayats Act, 1994 (hereinafter
referred to as the principal Act), in clause (b), after the expression “as
a member of the panchayat union council”, the expression “or on being
elected as chairman of the panchayat union council” shall be inserted.
Amendment of
section 53.
3. After section 57 of the principal Act, the following section shall be
inserted, namely: —
Insertion of new
section 57-A.
“57-A. Voting machine at elections.—Notwithstanding anything
contained in this Act or the rules made thereunder, the giving and
recording of votes by voting machines may be adopted in such ward or
wards of a village panchayat, panchayat union and district panchayat
and for election of president of such village panchayat or village
panchayats as the State Election Commission may, having regard to
the circumstances of each case, specify.
Explanation.— For the purpose of this section, “voting machine”
means any machine or apparatus whether operated electronically or
otherwise used for giving or recording of votes and any reference to
a ballot box or ballot paper in this Act or the rules made thereunder
shall, save as otherwise provided, be construed as including a reference
to such voting machine wherever such voting machine is used at any
election.”.
Tamil Nadu
Ordinance
7 of 2019.
4. (1) The Tamil Nadu Panchayats (Fourth Amendment)
Ordinance, 2019 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action
taken under the principal Act, as amended by the said Ordinance, shall
be deemed to have been done or taken under the Principal Act, as
amended by this Act.
Repeal and saving.
The following Act of the Tamil Nadu Legislative Assembly received the
assent of the Governor on the 15th February 2020 and is hereby
published for general information:—
ACT No. 7 OF 2020.
(By order of the Governor)
C. GOPI RAVIKUMAR,
Secretary to Government (FAC),
Law Department.
24
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
25
The following Act of the Tamil Nadu Legislative Assembly received the
assent of the Governor on the 15th February 2020 and is hereby
published for general information:—
ACT No. 8 OF 2020.
An Act further to amend the Tamil Nadu Panchayats
Act, 1994.
Bඍ it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Seventieth Year of the Republic of India as
follows:—
1. (1) This Act may be called the Tamil Nadu Panchayats
(Second Amendment) Act, 2020.
Short title and
commencement.
(2) It shall be deemed to have come into force on the
31st day of December 2019.
Tamil Nadu Act 21 of
1994.
2. In section 261-A of the Tamil Nadu Panchayats Act, 1994,
for the expression “upto the 31st day of December 2019”, the
expression “upto the 30th day of June 2020” shall be substituted.
Amendment of
section 261-A.
Tamil Nadu
Ordinance 12 of
2019.
3. (1) The Tamil Nadu Panchayats (Fifth Amendment)
Ordinance, 2019 is hereby repealed.
Repeal and saving.
Tamil Nadu Act 21 of
1994.
(2) Notwithstanding such repeal, anything done or any
action taken under the Tamil Nadu Panchayats Act, 1994, as
amended by the said Ordinance, shall be deemed to have been
done or taken under the said Act, as amended by this Act.
(By order of the Governor)
C. GOPI RAVIKUMAR,
Secretary to Government (FAC),
Law Department.
26
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
27
The following Act of the Tamil Nadu Legislative Assembly received the
assent of the Governor on the 15th February 2020 and is hereby
published for general information:—
ACT No. 9 OF 2020.
An Act further to amend the Tamil Nadu Dr.Ambedkar Law
University Act, 1996.
BE it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Seventieth Year of the Republic of India as follows:—
1.
(1) This Act may be called the Tamil Nadu Dr.Ambedkar Law
University (Amendment) Act, 2020.
(2) It shall be deemed to have come into force on 27th day
of December, 2019.
Short title and
commencement.
Tamil Nadu Act 43
of 1997.
2.
In section 15 of the Tamil Nadu Dr.Ambedkar Law University
Act, 1996, in sub-section (2), for clause(a), the following clause shall
be substituted, namely:-
“(a) The holder of the post of Registrar,-
(i)
must possess a Master’s Degree in Law with not
less than 55% of marks or of an equivalent grade in a point scale
wherever grading system is followed; and
Amendment of
Section 15.
(ii) A. must possess 3 years of experience as Professor or
8 years of experience as Associate Professor or 15 years of experience
as Assistant Professor at academic level 11 and above in the
Tamil Nadu Dr.Ambedkar Law University or in a Government
Law College in the State or comparable experience in research
establishment or other institutions of higher education; or
B. must possess 3 years of experience as a Principal of a
Government Law College in the State; or
C. must possess 15 years of administrative experience, of
which 8 years shall be as Deputy Registrar or an equivalent post in
the Tamil Nadu Dr.Ambedkar Law University or other Universities in
the State; or
D. must possess 3 years of experience as an offi cer of the
Government not lower in rank than that of the Deputy Secretary to
Government, Law Department.”
Tamil Nadu
Ordinance 11 of
2019.
3.
The Tamil Nadu Dr.Ambedkar Law University (Amendment)
Ordinance, 2019 is hereby repealed.
Repeal.
(By order of the Governor)
C. GOPI RAVIKUMAR,
Secretary to Government (FAC),
Law Department.
28
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
29
An Act further to amend the Tamil Nadu Goods and Services Tax
Act, 2017.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in
the Seventieth Year of the Republic of India as follows:—
1. (1) This Act may be called the Tamil Nadu Goods and Services Tax
(Amendment) Act, 2020.
Short title and
commence-
ment.
(2) Section 13 shall be deemed to have come into force on the
1st day of September 2019 and all the remaining provisions of this Act shall
come into force on such date as the State Government may, by notifi cation,
appoint.
Tamil Nadu Act
19 of 2017.
2. In section 2 of the Tamil Nadu Goods and Services Tax Act, 2017
(hereinafter referred to as the principal Act), in clause (4), after the expression
“the Appellate Authority for Advance Ruling”, the expression “the National
Appellate Authority for Advance Ruling” shall be inserted.
Amendment of
section 2.
Amendment of
section 10.
3. In section 10 of the principal Act,—
(1) in sub-section (1), after the second proviso, the following
Explanation shall be inserted, namely:—
“Explanation.— For the purposes of the second proviso, the value of
exempt supply of services provided by way of extending deposits, loans or
advances in so far as the consideration is represented by way of interest or
discount shall not be taken into account for determining the value of turnover
in a State.”;
(2) in sub-section (2),—
(a) in clause (d), the expression “and” occurring at the end, shall
be omitted;
(b) in clause (e), for the expression “Council:”, the expression
“Council; and” shall be substituted;
(c) after clause (e), the following clause shall be inserted, namely:—
“(f) he is neither a casual taxable person nor a non-resident
taxable person:”;
(3) after sub-section (2), the following sub-section shall be inserted,
namely:—
“(2A) Notwithstanding anything to the contrary contained
in this Act, but subject to the provisions of sub-sections (3) and (4) of
section 9, a registered person, not eligible to opt to pay tax under
sub-section (1) and sub-section (2), whose aggregate turnover in the
preceding fi nancial year did not exceed fi fty lakh rupees, may opt to pay, in
lieu of the tax payable by him under sub-section (1) of section 9, an amount
of tax calculated at such rate as may be prescribed, but not exceeding
three per cent of the turnover in State, if he is not—
(a) engaged in making any supply of goods or services which
are not leviable to tax under this Act;
The following Act of the Tamil Nadu Legislative Assembly received the
assent of the Governor on the 15th February 2020 and is hereby
published for general information:—
ACT No. 10 OF 2020.
30
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(b) engaged in making any inter-State outward supplies of goods
or services;
(c) engaged in making any supply of goods or services through
an electronic commerce operator who is required to collect tax at source
under section 52;
(d) a manufacturer of such goods or supplier of such services as
may be notifi ed by the Government on the recommendations of the Council;
and
(e) a casual taxable person or a non-resident taxable person:
Provided that where more than one registered person are having
the same Permanent Account Number issued under the Income-tax Act,
1961, the registered person shall not be eligible to opt for the scheme under
this sub-section unless all such registered persons opt to pay tax under this
sub-section.”;
Central Act 43
of 1961.
(4) in sub-section (3), after the expression “under sub-section (1)”
occurring in two places, the expression “or sub-section (2-A), as the case
may be,” shall be inserted;
(5) in sub-section (4), after the expression “of sub-section (1)”, the
expression “or sub-section (2-A), as the case may be,” shall be inserted;
(6) in sub-section (5), after the expression “under sub-section (1)”,
the expression “or sub-section (2-A), as the case may be,” shall be inserted;
(7) after sub-section (5), the following Explanations shall be inserted,
namely:—
“Explanation-1.— For the purposes of computing aggregate
turnover of a person for determining his eligibility to pay tax under this
section, the expression “aggregate turnover” shall include the value of
supplies made by such person from the 1st day of April of a fi nancial year upto
the date when he becomes liable for registration under this Act, but shall not
include the value of exempt supply of services provided by way of extending
deposits, loans or advances in so far as the consideration is represented by
way of interest or discount.
Explanation-2.— For the purposes of determining the tax payable
by a person under this section, the expression “turnover in State” shall not
include the value of following supplies, namely:–
(i) supplies from the fi rst day of April of a fi nancial year up to the
date when such person becomes liable for registration under this Act; and
(ii) exempt supply of services provided by way of extending
deposits, loans or advances in so far as the consideration is represented by
way of interest or discount.”.
Amendment of
section 22.
4. In section 22 of the principal Act, in sub-section (1), after the second
proviso, the following proviso and Explanation shall be inserted, namely:—
“Provided also that the Government may, on the recommendations of
the Council, enhance the aggregate turnover from twenty lakh rupees to such
amount not exceeding forty lakh rupees in case of supplier who is engaged
exclusively in the supply of goods, subject to such conditions and limitations,
as may be notifi ed.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
31
Explanation.— For the purposes of this sub-section, a person shall
be considered to be engaged exclusively in the supply of goods even if he is
engaged in exempt supply of services provided by way of extending deposits,
loans or advances in so far as the consideration is represented by way of
interest or discount.”.
Amendment of
section 25.
5. In section 25 of the principal Act, after sub-section (6), the following
sub-sections shall be inserted, namely:—
“(6A) Every registered person shall undergo authentication, or furnish
proof of possession of Aadhaar number, in such form and manner and within
such time as may be prescribed:
Provided that if an Aadhaar number is not assigned to the registered
person, such person shall be off ered alternate and viable means of identifi cation
in such manner as Government may, on the recommendations of the Council,
prescribe:
Provided further that in case of failure to undergo authentication or
furnish proof of possession of Aadhaar number or furnish alternate and viable
means of identifi cation, registration allotted to such person shall be deemed
to be invalid and the other provisions of this Act shall apply as if such person
does not have a registration.
(6B) On and from the date of notifi cation, every individual shall, in
order to be eligible for grant of registration, undergo authentication, or furnish
proof of possession of Aadhaar number, in such manner as the Government
may, on the recommendations of the Council, specify in the said notifi cation:
Provided that if an Aadhaar number is not assigned to an individual,
such individual shall be off ered alternate and viable means of identifi cation
in such manner as the Government may, on the recommendations of the
Council, specify in the said notifi cation.
(6C) On and from the date of notifi cation, every person, other than an
individual, shall, in order to be eligible for grant of registration, undergo
authentication, or furnish proof of possession of Aadhaar number of
the Karta, Managing Director, whole time Director, such number of partners,
Members of Managing Committee of Association, Board of Trustees,
authorised representative, authorised signatory and such other class of
persons, in such manner, as the Government may, on the recommendations
of the Council, specify in the said notifi cation:
Provided that where such person or class of persons have not been
assigned the Aadhaar Number, such person or class of persons shall be
off ered alternate and viable means of identifi cation in such manner as the
Government may, on the recommendations of the Council, specify in the said
notifi cation.
(6D) The provisions of sub-section (6A) or sub-section (6B) or
sub-section (6C) shall not apply to such person or class of persons or any part
of the State, as the Government may, on the recommendations of the Council,
specify by notifi cation.
Central Act 18 of
2016
Explanation.— For the purposes of this section, the expression
“Aadhaar number” shall have the same meaning as assigned to it in clause
(a) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other
Subsidies, Benefi ts and Services) Act, 2016.”.
6. After section 31 of the principal Act, the following section shall be
inserted, namely:—
Insertion of
new section
31A.
32
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
“31A. Facility of digital payment to recipient.— The Government
may, on the recommendations of the Council, prescribe a class of registered
persons who shall provide prescribed modes of electronic payment to the
recipient of supply of goods or services or both made by him and give option
to such recipient to make payment accordingly, in such manner and subject to
such conditions and restrictions, as may be prescribed.”.
Amendment of
section 39.
7. In section 39 of the principal Act,—
(1) for sub-sections (1) and (2), the following sub-sections shall be
substituted, namely:—
“(1) Every registered person, other than an Input Service Distributor
or a non-resident taxable person or a person paying tax under the provisions
of section 10 or section 51 or section 52 shall, for every calendar month or
part thereof, furnish, a return, electronically, of inward and outward supplies of
goods or services or both, input tax credit availed, tax payable, tax paid and
such other particulars, in such form and manner, and within such time, as may
be prescribed:
Provided that the Government may, on the recommendations of the
Council, notify certain class of registered persons who shall furnish a return
for every quarter or part thereof, subject to such conditions and restrictions as
may be specifi ed therein.
(2) A registered person paying tax under the provisions of section 10,
shall, for each fi nancial year or part thereof, furnish a return, electronically,
of turnover in the State, inward supplies of goods or services or both, tax
payable, tax paid and such other particulars in such form and manner, and
within such time, as may be prescribed.”;
(2) for sub-section (7), the following sub-section shall be substituted,
namely:—
“(7) Every registered person who is required to furnish a return under
sub-section (1), other than the person referred to in the proviso thereto, or
sub-section (3) or sub-section (5), shall pay to the Government the tax due as
per such return not later than the last date on which he is required to furnish
such return:
Provided that every registered person furnishing return under the
proviso to sub-section (1) shall pay to the Government, the tax due taking into
account inward and outward supplies of goods or services or both, input tax
credit availed, tax payable and such other particulars during a month, in such
form and manner, and within such time, as may be prescribed:
Provided further that every registered person furnishing return under
sub-section (2) shall pay to the Government, the tax due taking into account
turnover in the State, inward supplies of goods or services or both, tax payable,
and such other particulars during a quarter, in such form and manner, and
within such time, as may be prescribed.”.
Amendment of
section 44.
8. In section 44 of the principal Act, in sub-section (1), the following
provisos shall be inserted, namely:—
“Provided that the Commissioner may, on the recommendations of the
Council and for reasons to be recorded in writing, by notifi cation, extend the
time limit for furnishing the annual return for such class of registered persons
as may be specifi ed therein:
Provided further that any extension of time limit notifi ed by the
Commissioner of Central tax shall be deemed to be notifi ed by the
Commissioner.”.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
33
9. In section 49 of the principal Act, after sub-section (9), the following
sub-sections shall be added, namely:—
Amendment of
section 49.
“(10) A registered person may, on the common portal, transfer
any amount of tax, interest, penalty, fee or any other amount available in
the electronic cash ledger under this Act, to the electronic cash ledger for
integrated tax, central tax, State tax, or cess, in such form and manner and
subject to such conditions and restrictions as may be prescribed and such
transfer shall be deemed to be a refund from the electronic cash ledger under
this Act.
(11) Where any amount has been transferred to the electronic cash
ledger under this Act, the same shall be deemed to be deposited in the said
ledger as provided in sub-section (1).”.
10. In section 50 of the principal Act, in sub-section (1), the following
proviso shall be inserted, namely:—
Amendment of
section 50.
“Provided that the interest on tax payable in respect of supplies made
during a tax period and declared in the return for the said period furnished
after the due date in accordance with the provisions of section 39, except
where such return is furnished after commencement of any proceedings
under section 73 or section 74 in respect of the said period, shall be levied
on that portion of the tax that is paid by debiting the electronic cash ledger.”.
11. In section 52 of the principal Act,—
Amendment of
section 52.
(1) in sub-section (4), the following provisos shall be inserted, namely:—
“Provided that the Commissioner may, for reasons to be recorded in
writing, by notifi cation, extend the time limit for furnishing the statement for
such class of registered persons as may be specifi ed therein:
Provided further that any extension of time limit notifi ed by the
Commissioner of Central tax shall be deemed to be notifi ed by the
Commissioner.”;
(2) in sub-section (5), the following provisos shall be inserted, namely:—
“Provided that the Commissioner may, on the recommendations of the
Council and for reasons to be recorded in writing, by notifi cation, extend the
time limit for furnishing the annual statement for such class of registered
persons as may be specifi ed therein:
Provided further that any extension of time limit notifi ed by the
Commissioner of Central tax shall be deemed to be notifi ed by the
Commissioner.”.
12. After section 53 of the principal Act, the following section shall be
inserted, namely:—
Insertion of new
section 53A.
“53A. Transfer of certain amounts.- Where any amount has been
transferred from the electronic cash ledger under this Act to the
electronic cash ledger under the Central Goods and Services Tax
Act or under the Integrated Goods and Services Tax Act or under the Goods
and Services Tax (Compensation to States) Act, the Government shall,
transfer to the central tax account or integrated tax account or cess account,
an amount equal to the amount transferred from the electronic cash ledger, in
such manner and within such time as may be prescribed.”.
34
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Amendment of
section 54.
13. In section 54 of the principal Act, after sub-section (8), the following
sub-section shall be inserted, namely:—
“(8-A) Where the Central Government has disbursed the refund of
State tax, the Government shall transfer an amount equal to the amount so
refunded, to the Central Government.”.
Amendment of
section 95.
14. In section 95 of the principal Act,—
(1) in clause (a),—
(a) after the expression “the Appellate Authority”, the expression
“or the National Appellate Authority” shall be inserted;
(b) after the expression “of section 100”, the expression “or of
section 101C of the Central Goods and Services Tax Act” shall be inserted;
(2) after clause (e), the following clause shall be inserted, namely:—
“(f) “National Appellate Authority” means the National Appellate
Authority for Advance Ruling referred to in section 101A.”.
Insertion of new
section 101A.
15. After section 101 of the principal Act, the following section shall be
inserted, namely:—
“101A. National Appellate Authority for Advance Ruling under
the Central Goods and Services Tax Act shall be Appellate Authority
under this Act.— Subject to the provisions of this Chapter, for the purposes of
this Act, the National Appellate Authority for Advance Ruling constituted under
section 101A of the Central Goods and Services Tax Act shall be deemed to
be the National Appellate Authority for Advance Ruling under this Act.”.
Amendment of
section 102.
16. In section 102 of the principal Act,—
(1) after the expression “the Appellate Authority” occurring in two
places, the expression “or the National Appellate Authority” shall be inserted;
(2) for the expression “or section 101”, the expression “or section 101
of this Act or section 101C of the Central Goods and Services Tax Act” shall be
substituted;
(3) for the expression “or the appellant”, the expression “appellant,
the Authority or the Appellate Authority” shall be substituted.
Amendment of
section 103.
17. In section 103 of the principal Act,—
(1) after sub-section (1), the following sub-section shall be inserted,
namely:—
“(1A) The Advance Ruling pronounced by the National Appellate
Authority under this Chapter shall be binding on—
(a) the applicants, being distinct persons, who had sought the ruling
under sub-section (1) of section 101B of the Central Goods and Services Tax Act
and all registered persons having the same Permanent Account Number
issued under the Income-tax Act, 1961;
Central Act 43
of 1961.
(b) the concerned offi cers and the jurisdictional offi cers in
respect of the applicants referred to in clause (a) and the registered persons
having the same Permanent Account Number issued under the Income-tax
Act, 1961.”;
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
35
(2) in sub-section (2), after the expression “in sub-section (1)”, the
expression “and sub-section (1-A)” shall be inserted.
18. In section 104 of the principal Act, in sub-section (1),—
Amendment of
section 104.
(1) after the expression “the Authority or the Appellate Authority”, the
expression “or the National Appellate Authority” shall be inserted;
(2) for the expression “of section 101”, the expression “of section 101
of this Act or section 101C of the Central Goods and Services Tax Act” shall be
substituted.
19. In section 105 of the principal Act,—
Amendment of
section 105.
(1) for the marginal heading, the following marginal heading shall be
substituted, namely:—
“Powers of Authority, Appellate Authority and National
Appellate Authority.”;
(2) in sub-section (1), after the expression “the Appellate Authority”,
the expression “or the National Appellate Authority” shall be inserted;
(3) in sub-section (2), after the expression “the Appellate Authority”
occurring in two places, the expression “or the National Appellate Authority”
shall be inserted.
20. In section 106 of the principal Act,—
Amendment of
section 106.
(1) for the marginal heading, the following marginal heading shall be
substituted, namely:—
“Procedure of Authority, Appellate Authority and National
Appellate Authority.”;
(2) after the expression “the Appellate Authority”, the expression “or
the National Appellate Authority” shall be inserted.
21. In section 171 of the principal Act, after sub-section (3), the following
sub-section shall be added, namely:—
Amendment of
section 171.
“(4) Where the Authority referred to in sub-section (2), after holding
examination as required under the said sub-section comes to the conclusion that
any registered person has profi teered under sub-section (1), such person shall
be liable to pay penalty equivalent to ten per cent of the amount so profi teered:
Provided that no penalty shall be leviable if the profi teered amount is
deposited within thirty days of the date of passing of the order by the Authority.
Explanation.— For the purposes of this section, the expression
“profi teered” shall mean the amount determined on account of not
passing the benefi t of reduction in rate of tax on supply of goods or
services or both or the benefi t of input tax credit to the recipient by way
of commensurate reduction in the price of the goods or services or both.”.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Amendment of
Notifi cation.
22. (1) The following S.No. and the entries relating thereto which was
inserted by the Commercial Taxes and Registration Department Notifi cation
No.II(2)/CTR/917(e-2)/2017, published at pages 20-22 in Part II - Section 2 of
the Tamil Nadu Government Gazette Extraordinary, dated the 14th November
2017, in the Schedule to the Commercial Taxes and Registration Department
Notifi cation No.II(2)/CTR/532(d-5)/2017, published at pages 68-75 in
Part II - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated
the 29th June 2017, shall be deemed to have come into force on the 1st day
of July 2017, namely:—
(1)
(2)
(3)
“103A
26
Uranium Ore
Concentrate.”.
(2) For the purposes of sub-section (1), the Government shall
have and shall be deemed to have the power to amend the notifi cation
referred to in sub-section (1) with retrospective eff ect as if the Government
had the power to amend the said notifi cation under sub-section (1) of section
11 of the Tamil Nadu Goods and Services Tax Act retrospectively, at all material
times.
(3) No refund shall be made of all such tax which has been collected,
but which would not have been so collected, if the notifi cation referred to in
sub-section (1) had been in force at all material times.
Repeal and
saving.
23. (1) The Tamil Nadu Goods and Services Tax (Amendment)
Ordinance, 2019 is hereby repealed.
Tamil Nadu
Ordinance
10 of 2019.
(2) Notwithstanding such repeal, anything done or any action taken
under the Tamil Nadu Goods and Services Tax Act, 2017, as amended by the
said Ordinance, shall be deemed to have been done or taken under the said
Act, as amended by this Act.
Tamil Nadu
Act 19 of
2017.
(By order of the Governor)
C. GOPI RAVIKUMAR,
Secretary to Government (FAC),
Law Department.
PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI
ON BEHALF OF THE GOVERNMENT OF TAMIL NADU