[37]

Ex-IV-2—268-78—1

The following Act of the Tamil Nadu Legislative Assembly received the

assent of the Governor on the 21st February 2020 and is hereby

published for general information:—

ACT No. 11 OF 2020.

No. 78]

chennai, friday, february 21, 2020

Massi 9, 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. 4.80 Paise.

Part IV—Section 2

Tamil Nadu Acts and Ordinances

An Act to protect the agricultural lands in the Cauvery Delta

Region of the State of Tamil Nadu.

Be it enacted by the Legislative Assembly of the State of

Tamil Nadu in the Seventy-first Year of the Republic of India as

follows:—

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

Agricultural Zone Development Act, 2020.

Short title and

commencement.

(2) It shall come into force at once.

2. In this Act, unless the context otherwise requires,—

Definitions.

(a) “agriculture” means growing or cultivation of plants or

crops, production of agriculture, horticulture, apiculture, sericulture

or forest produce or any other such activity for the purpose of food,

fodder, fibre, bio-fuel and raw materials for agro-industries;

(b) “agricultural land” means all land that is used for the

purpose of agriculture;

means

the

Tamil

Nadu

Protected

Agricultural Zone Development Authority constituted under section 5;

(d) “District” means the revenue district;

Ex-IV-2—268-78—1a

Ex-IV-2—268-78—2

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(e) “District Collector” means the District Collector or any

other officer authorised by the Government to perform the functions

of the District Collector;

(f) “Government” means the State Government;

(g) “prescribed” means prescribed by rules;

(h) “protected agricultural zone” means the area specified in

the First Schedule;

(i) “Schedule” means the Schedule appended to this Act;

(j) “State” means the State of Tamil Nadu.

Develoment of

Agriculture.

3. The Government shall take necessary steps,—

(a) to use the available agricultural lands for sustainable

development of agriculture and ensure that the agricultural activities

are not unduly constrained by non-agricultural use or other

development;

(b) to develop the protected agricultural zone through

integrated farming and enhanced cultivation practices by promotion

of technologies to increase production and productivity of crops and

farms;

management and other inputs in the field of agriculture;

(d) to promote agro-based and allied industries for

sustainable agricultural development; and

(e) to promote research and development including skill

building in the field of agriculture and allied sectors.

Prohibition.

4. (1) No person shall undertake any new project or new

activity specified in the Second Schedule in the protected agricultural

zone.

(2) Nothing contained in sub-section (1) shall,—

(a) affect the activities or projects in operation in the

protected agricultural zone before the date of coming into force of

this Act;

(b)

affect

infrastructure

developments

the

protected agricultural zone such as harbour, pipelines, road,

tele communications, power, water supply and other utilities.

Constitution of

Authority.

5. (1) There shall be an Authority, by the name, the Tamil Nadu

Protected Agricultural Zone Develoment Authority, consisting of the

following members to carry out the purposes of this Act:—

(i) The Chief Minister – Chairperson;

(ii) The Deputy Chief Minister – Member;

(iii) The Minister for Finance – Member;

(iv) The Minister for Law – Member;

(v) The Minister for Agriculture – Member;

(vi) The Minister for Environment – Member;

(vii) The Minister for Rural Development and Local

Administration – Member;

(viii) The Minister for Industries – Member;

(ix) The Minister for Rural Industries – Member;

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(x) The Minister for Animal Husbandry – Member ;

(xi) The Minister for Fisheries – Member;

(xii) The Chief Secretary to Government – Member,

Ex-officio;

(xiii) The Agricultural Production Commissioner and

Secretary to Government, Agriculture Department –

Member-Secretary, Ex-officio;

(xiv) The Secretary to Government, Finance Department –

Member, Ex-officio;

(xv) The Secretary to Government, Animal Husbandry,

Dairying and Fisheries Department – Member,

Ex-officio;

(xvi) The

Secretary

Government,

Industries

Department – Member, Ex-officio;

(xvii) The Secretary to Government, Rural Development

and Panchayat Raj Department – Member,

Ex-officio;

(xviii) The Secretary to Government, Environment and

Forest Department – Member, Ex-officio;

(xix)The Secretary to Government, Housing and Urban

Development Department – Member, Ex-officio;

(xx) The Secretary to Government, Public Works

Department – Member, Ex-officio;

(xxi) The Vice-Chancellor, Tamil Nadu Agricultural

University – Member, Ex-officio;

(xxii) A Member of Parliament and two Members of

Legislative Assembly representing the protected

agricultural zone to be nominated by the

Government – Members;

(xxiii) Three representatives of farmers to be nominated

by the Government – Members;

(xxiv) One expert each in the field of Agricultural Science,

Horticultural Science and Veterinary and Animal

Science to be nominated by the Government –

Members.

(2) The headquarters of the Authority shall be at Chennai.

(3) The Authority shall be a body corporate having perpetual

succession and a common seal, and shall by the said name sue and

be sued.

6. (1) A nominated member shall hold office for a period of

three years from the date of his nomination and he is eligible for

re-nomination:

Provided that the Member of Parliament and the Members of

Legislative Assembly shall hold office for a period of one year or

till the expiry of his term of office, whichever is earlier and shall be

eligible for re-nomination.

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

addressed to the Government, resign his office, but he shall continue

to hold office until his resignation is accepted by the Government.

(3) When the office of a nominated member becomes

vacant by resignation, death, removal, disqualification or otherwise,

the Government shall nominate within two months a new member to

fill such vacancy.

Terms and

conditions of

appointment

of nominated

members of

Authority.

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(4) The Government may remove a nominated member

from his office, if he incurs any one of the disqualifications specified

below, namely:—

(a) becomes an un-discharged insolvent; or

(b) is convicted and sentenced to imprisonment for an

offence; or

by a competent court.

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

rate of sitting fee and travelling allowance, as may be prescribed.

Meetings of

Authority.

7. (1) The Authority shall meet, as often as may be necessary,

at such time and place and observe such rules of procedure as may

be decided by the chairperson:

Provided that the Authority shall meet at least twice in a

year.

(2) The chairperson shall preside over the meeting of the

Authority.

(3) In the absence of the chairperson, members present

shall elect one among themselves to preside over the meeting.

(4) The quorum for the meeting shall be fifty per cent of the

members of the Authority.

(5) Notice of the meetings of the Authority, the place and

procedure regarding transactions of business of the Authority shall

be such as may be decided by the chairperson.

Functions of

Authority.

8. The Authority shall perform the following functions, namely:–

(a) suggest measures for fostering the infrastructure for

food security;

(b) recommend policies for the protection and development

of agriculture and its allied activities;

management in the protected agricultural zone;

(d) take necessary steps to increase agricultural production

and productivity;

(e) facilitate the promotion of agro-based and allied

industries in the protected agricultural zone;

(f) suggest measures for preserving agricultural lands for

farming and allied activities for providing stability to the farming

economy;

(g) recommend steps for augmenting water resources

through efficient rain water harvesting methods, such as creation of

adequate water storage structures, creation of farm ponds in private

lands and check dams;

(h) suggest measures for efficient water use in agriculture

including micro irrigation especially in water intensive crops;

(i) recommend various measures for improving the soil

health, such as adoption of integrated farming system, green

manuring, soil test based fertilizer application, alternate cropping,

rice fallow pulses and integrated pest management practices;

(j) suggest measures for efficient use of solar energy for the

purpose of irrigation and value addition;

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(k) give recommendations on direct marketing of farm

products, such as farmers’ markets and outlets for Farmer Producer

Organizations, to increase the farm income;

(l) promote activities that supply inputs and process farm

produces relating to agriculture and allied sectors;

(m) explore various ways to promote the establishment of

Food Parks and Agro Processing Clusters which generate additional

income to farmers of the protected agricultural zone;

(n) promote optimum usage of agricultural machinery in

the protected agricultural zone to enhance efficiency of farming

operations;

(o) initiate various studies, on factors contributing to

increase in agricultural production and productivity and on impact

of specific measures taken up by the Government in the protected

agricultural zone;

(p) recommend measures to provide adequate sustainable

employment opportunities to agricultural labourers;

(q) promote agro forestry and social forestry in the protected

agricultural zone;

(r) formulate development projects in the above areas and to

seek funds for such projects; and

(s) perform such other functions, as may be prescribed.

9. (1) There shall be a District Level Committee, to assist the

Authority, consisting of the following members, namely:–

(a) District Collector

– Chairperson,

Ex-officio;

(b) Joint Director of Agriculture

– Convenor,

Ex-officio;

(d) Deputy Director of Horticulture

– Member,

Ex-officio;

(e) Deputy Director of Agricultural

– Member,

Marketing and Agri-Business

Ex-officio;

(f) Deputy Director of Fisheries

– Member,

Ex-officio;

(g) District Forest Officer

– Member,

Ex-officio;

(h) Executive Engineer (Agricultural – Member,

Engineering)

Ex-officio;

(i) District Environmental Engineer – Member,

Ex-officio;

(j) Executive Engineer, Water

– Member,

Resources Organisation

Ex-officio;

(k) Superintending Engineer,

– Member,

Tamil Nadu Generation and

Ex-officio; and

Distribution Corporation Limited

(l) Two representatives of the farmers nominated by

the District Collector.

Constitution of

District Level

Committee.

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(2) A nominated member shall hold office for a period of

three years from the date of his nomination and he is eligible for

re-nomination.

(3) A nominated member may, by writing under his hand

addressed to the District Collector, resign his office, but he shall

continue to hold office until his resignation is accepted by the District

Collector.

(4) When the office of a nominated member becomes

vacant by resignation, death, removal, disqualification or otherwise,

the District Collector shall nominate within two months a new member

to fill such vacancy.

(5) The District Collector may remove a nominated member

from his office, if he incurs any one of the disqualifications specified

below, namely:—

(a) becomes an un-discharged insolvent; or

(b) is convicted and sentenced to imprisonment for an

offence; or

by a competent court.

(6) The nominated members shall be eligible to draw such

rate of sitting fee and travelling allowance, as may be prescribed.

Functions of

District Level

Comittee.

10. (1) The District Level Committee shall carry out the

directions given by the Authority and shall assist the Authority in

discharging its functions in the district.

(2) The District Level Committee may seek the opinion of

experts in the relevant fields, as deemed necessary, in the discharge

of its functions.

Fund of Authority.

11. (1) The Authority shall have a fund to be called the

Tamil Nadu Protected Agricultural Zone Development Fund.

(2) All moneys paid by the Government from the

Consolidated Fund of the State shall be credited to the fund.

(3) All moneys received by the Authority shall be deposited

in the State Bank of India or in any other nationalised bank or

co-operative bank, as may be prescribed.

Expenditure.

12. The expenditure incurred by the Authority for meeting the

salaries and allowances, including contingencies of the employees

serving under the Authority shall be defrayed out of the fund.

Audit.

13. (1) The accounts of the Authority shall be maintained in

such form and in such manner as may be prescribed.

(2) The Authority shall prepare an annual statement of

accounts in such form and in such manner as may be prescribed.

(3) The accounts of the Authority shall be audited once in

a year by a person duly qualified to act as an auditor of a company

under the Companies Act, 2013.

(4) The accounts of the Authority as certified by the auditor

together with audit report along with the remarks of the Authority

thereon shall be forwarded to the Government within such time, as

may be prescribed.

Central Act 18 of

2013.

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(5) The Government may, by order, direct the Authority to

take such action as may be specified in the order to remedy, within

such time as may be specified therein, the defects, if any, disclosed

in the audit report, and the Authority shall comply with such direction.

14. (1) The Authority shall, as soon as may be, after the end of

each financial year, prepare and submit to the Government, before

such date and in such form, as may be prescribed, a report giving an

account of its activities during the previous year and the report shall

also give an account of the activities, if any, which are likely to be

undertaken by the Authority in the current financial year.

Annual Report.

(2) The Government shall cause every such report to be laid

before the Legislative Assembly, as soon as may be, after its receipt

under sub-section (1).

15. No act or proceedings of the Authority or a District Level

Committee shall be invalid by reason only of the existence of any

vacancy amongst its members or any defect in the constitution

thereof.

Proceedings of

Authority or

District Level

Committee not

to be invalidated.

16. Any person who contravenes the provisions of section 4

shall be punishable with imprisonment for a term which may extend

to five years but shall not be less than six months and with fine

which may extend to rupees fifty lakhs, but shall not be less than

rupees ten lakhs and in the case of continuing contravention, with an

additional fine which may extend to rupees fifty thousand for every

day of such contravention.

Penalty.

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

a company, every person who, at the time the offence was committed,

was in charge of, and was responsible to, the company for the

conduct of the business of the company, as well as the company,

shall be deemed to be guilty of the contravention and shall be liable

to be proceeded against and punished accordingly:

Provided that nothing in this sub-section shall render any

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

was committed without his knowledge or that he exercised all due

diligence to prevent commission of such offence.

(2) Notwithstanding anything contained in sub-section (1),

where an offence under this Act has been committed by a company,

and it is proved that the offence was committed with the consent or

connivance of, or is attributable to any neglect on the part of any

director, manager, secretary or other officer of the company, such

director, manager, secretary or other officer shall also be deemed to

be guilty of that offence and shall be liable to be proceeded against

and punished accordingly.

Explanations.– For the purposes of this section—

(a) "company" means any body corporate and includes a

firm or other association of individuals; and

(b) "director" in relation to a firm, means a partner in the

firm.

Offences by

companies.

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Power of entry,

search and

seizure.

18. (1) Any officer of the Revenue department not below the

rank of Revenue Divisional Officer or any officer authorized by the

Government in this regard or any Police Officer not below the rank

of Deputy Superintendent of Police, who has reason to believe that

any activity is being carried out in the protected agricultural zone,

in contravention of the provisions of the Act with a view to ensure

the compliance of the provisions of the Act, enter and search any

premises and seize any material, machinery, equipment etc.,

deemed to have been used for such activity and a report regarding

such seizure, whether prosecution has been initiated or not, shall be

given to the District Level Committee having jurisdiction over that

area within forty eight hours of such seizure.

(2) All searches under the provisions of this Act shall be

made in accordance with the provisions of the Code of Criminal

Procedure, 1973.

Central Act 2 of

1974.

Confiscation

of material,

machinery,

equipment.

19. (1) After obtaining a report under section 18 regarding

seizure, the District Level Committee may, if it thinks fit, order

confiscation of the objects seized.

(2) No order of confiscation under sub-section (1) shall be

made by the District Level Committee, unless the owner thereof has

been given an opportunity of being heard.

(3) No order of confiscation under sub-section (1) shall be

invalid merely by reason of any defect or irregularity in the notice

given under sub-section (2), if the provisions have been substantially

complied with.

Overriding effect.

20. The provisions of this Act shall have effect notwithstanding

anything inconsistent therewith contained in any State Law for the

time being in force.

Protection of action

taken in good

faith.

21. No suit, prosecution or other legal proceeding shall lie

against the Authority, District Level Committee or its members or any

officer or other employee of the Authority or of the Government for

anything done or intended to be done in good faith under this Act.

Power to amend

Schedule.

22. (1) The Government may, by notification, add or omit any

area in the First Schedule and upon the issue of such notification, the

First Schedule shall be deemed to be amended accordingly.

(2) The Government may, on the recommendation of the

Authority, by notification, omit, or add any other project that

may adversely affect agricultural developments in the protected

agricultural zone in the Second Schedule, and upon the issue of such

notification, the Second Schedule shall be deemed to be amended

accordingly:

Provided that the Authority shall make such recommendation

based on the report of a technical committee, consisting of such

members, as may be prescribed.

Power to make

rules.

23. (1) The Government may make rules to carry out the

provisions of this Act.

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

the Tamil Nadu Government Gazette and unless they are expressed

to come into force on a particular day, shall come into force on the

day on which they are so published.

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(b) All notifications issued under this Act shall, unless they

are expressed to come into force on a particular day, shall come into

force on the day on which they are published.

(3) Every rule or order made or notification issued by the

Government under this Act shall, as soon as possible, after it is made

or issued, be placed on the Table of the Legislative Assembly, and

if, before the expiry of the session in which it is so placed or the next

session, the Assembly makes any modification in any such rule or

order or notification, or the Assembly decides that the rule or order

or notification should not be made or issued, the rule or order or

notification shall, thereafter, have effect only in such modified form

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

modification or annulment shall be without prejudice to the validity

of anything previously done under that rule or order or notification.

24. If any difficulty arises in giving effect to any of 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 may be necessary or

expedient for the purpose of removing the said difficulty:

Provided that no order under this section shall be made after

the expiry of two years from the date of commencement of this Act.

Power to remove

difficulties.

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THE SECOND SCHEDULE.

[See sections 4(1) and 22(2)]

Projects.

Zinc smelter.

Iron ore process plant, integrated steel plant and sponge iron plant.

Copper smelter.

Aluminium smelter.

Bone meal, processing of animal horn, hoofs and other body parts.

Tannery.

7. Exploration, drilling and extraction of oil and natural gas including coal-bed methane, shale gas and

other similar hydrocarbons.

Ship breaking Industry.

(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