Tamil NADU ORDINANCE No. 3 OF 2020 - An Ordinance to provide for the establishment of a Foundation for making long-term arrangements for the conversion of ‘Veda Nilayam’,

©

gOVerNmeNT Of TamiL NadU

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

[R. Dis. No. 197/2009.

[Price: Rs. 3.20 Paise.

No. 204] cheNNai, friday, may 22, 2020 Vaikasi 9, Saarvari, Thiruvalluvar aandu–2051

Part IV—Section 2

Tamil Nadu Acts and Ordinances

The following Ordinance which was promulgated by the governor on the

21st may 2020 is hereby published for general information:—

TamiL NadU OrdiNaNce No. 3 Of 2020.

An Ordinance to provide for the establishment of a Foundation for making

long-term arrangements for the conversion of 'Veda Nilayam', the

residence of former Chief Minister of Tamil Nadu, Puratchi Thalaivi

Dr. J. Jayalalithaa (Late) at Poes Garden, Chennai into a Memorial,

for upkeep and management thereof, and for the matters connected

therewith or incidental thereto.

WhereaS, the hon'ble chief minister of Tamil Nadu announced on

17.08.2017 that 'Veda Nilayam', the residence of former chief minister of Tamil

Nadu, Puratchi Thalaivi dr. J. Jayalalithaa (Late), situated at Poes garden,

chennai, be converted as a memorial and opened to the public, in remembrance

of her achievements and sacrifices for the people of Tamil Nadu;

aNd WhereaS, action to acquire the aforesaid land and building has

been initiated by the State government under the right to fair compensation

and Transparency in Land acquisition, rehabilitation and resettlement act,

2013 (central act 30 of 2013). after completing the Social impact assessment,

preliminary notification under Section 11(1) of that Act was published on 28.06.2019

and a declaration that the said land and building are needed for conversion as a

government memorial has also been published on 06.05.2020 under Section 19

(1) of the said Act;

aNd WhereaS, it will take some more time for the State government to

complete the acquisition proceedings under the said central act 30 of 2013 and

to take possession of 'Veda Nilayam';

aNd WhereaS, as on date, there is no declared legal heir to

dr.J.Jayalalithaa, former chief minister of Tamil Nadu, and as the aforesaid land

and building including the movable items therein such as furniture, books, jewels,

etc., are in a state of disuse for more than three years, it is imminently necessary

to prevent them from being spoilt and ruined due to lack of proper maintenance;

ex-iV-2—268-204—1

[89]Tamil nadu governmenT gazeTTe exTraordinary 90 aNd WhereaS, the State government have decided to temporarily

transfer the Veda Nilayam, including the movable items therein to the State

government for its upkeep and management, till the land acquisition proceedings

are duly completed and possession is taken by the State government under the

said central act 30 of 2013, and to establish a foundation and entrust the 'Veda

Nilayam' to it, to make long term arrangements for its conversion into a Memorial;

aNd WhereaS, the Legislative assembly of the State is not in session and

the Governor of Tamil Nadu is satisfied that circumstances exist which render it

necessary for him to take immediate action for the purposes hereinafter appearing;

aNd WhereaS, instructions of the President have been obtained in

pursuance of the proviso to clause (1) of Article 213 of the Constitution;

NOW, TherefOre, in exercise of the powers conferred by

clause (1) of article 213 of the constitution, the governor hereby promulgates the

following Ordinance:—

Short title and

1. (1) This Ordinance may be called the Tamil Nadu Puratchi Thalaivi

commence

dr. J. Jayalalithaa memorial foundation Ordinance, 2020.

ment.

(2) it shall come into force at once.

Definitions. 2. in this Ordinance, unless the context otherwise requires,—

(a) "claims commissioner" means the claims commissioner appointed

under Section 10;

(b) "foundation" means the Puratchi Thalaivi dr. J. Jayalalithaa

Memorial Foundation established under section 4;

(c) "Government" means the State Government;

(d) "prescribed" means prescribed by rules made under this Ordinance;

(e) "property" means 'Veda Nilayam', the residence of former chief

minister of Tamil Nadu Puratchi Thalaivi dr.J.Jayalalithaa (Late), situated at

Poes Garden, Chennai, more particularly specified in Part-A of the Schedule

and includes the movable properties like books, furniture, jewels and other items

specified in Part-B of the Schedule;

(f) "Schedule" means the Schedule to this Ordinance.

3. (1) The possession of the immovable property specified in Part-A of the

Temporary

Schedule, shall, by virtue of this Ordinance stand temporarily transferred to the

possession

government.

of immovable

property

and transfer

of movable

properties to

government.

(2) The right, title and interest of any person, in relation to the movable

properties specified in Part-B of the Schedule, shall also, by virtue of this

Ordinance, stand transferred to, and vest in, the government.

(3) Upon completion of the acquisition of the property specified in

central act 30 Part-a of the Schedule under the right to fair compensation and Transparency

of 2013.

in Land acquisition, rehabilitation and resettlement act, 2013 and vesting of that

property with the Government, the Government may, by notification, transfer the

immovable property specified in Part-A and the movable properties specified in

Part-B of the Schedule, to the foundation.

(4) The Government shall value the movable properties specified in

Part-B of the Schedule and shall deposit the amount with the claims commissioner.

establishment 4. (1) The Government may, by notification, establish, for the purpose of

of this Ordinance, a foundation, to be called the Puratchi Thalaivi dr. J. Jayalalithaa

foundation.

memorial foundation.

(2) The foundation shall be a body corporate by the name aforesaid,

having perpetual succession and a common seal with power to acquire, hold and

dispose of property, both movable and immovable, and to contract and shall by

the said name sue and be sued.

(3) The foundation shall consist of the following members, namely:—

(a) Hon'ble Chief Minister - Chairperson;

(b) Hon'ble Deputy Chief Minister;

(c) Hon'ble Minister (Information and Publicity);

(d) Secretary to Government, Finance Department;

(e) Secretary to government, Tamil development and information

Department;

(f) Chief Engineer (Buildings), Public Works Department;

(g) The Director of Musuems;

(h) Four persons to be nominated by the Government;

(i) The director of information and Public relations — member

Secretary.

(4) The tenure of the nominated members shall be for a period of three

years and they shall be eligible for re-nomination.

(5) (a) The foundation shall,—

(i) take necessary steps to maintain the immovable property

specified in Part-A of the Schedule in good condition, and shall also undertake

repairs, wherever necessary;

(ii) take necessary steps for the maintenance, upkeep and safety

of all the movable properties specified in Part-B of the Schedule;

(iii) take such precautionary measures as it deems fit to protect the

property from theft, fire or other damages;

(iv) prepare an action plan for conversion of the property into a

Memorial and send it to the Government for approval;

(v) take necessary action to convert the property into a memorial, on

transfer of the property to the foundation under sub-section (3) of Section 3 and

on approval of the action plan.

(b) The foundation shall be entitled to receive donations and grants

from any person including the government, and shall also be entitled to raise

funds in any manner as it deems fit.

Salary and

5. The chairperson and other members of the foundation shall not be

allowances. entitled to any salary and allowances:

Provided that the nominated members shall be paid such fees and

allowances, as may be prescribed.

meetings. 6. (1) The foundation shall meet at least once in a year at such time as may

be fixed by the Chairperson of the Foundation.

(2) all the decisions at any meeting of the foundation shall be taken by

a majority of the members present and voting:

Provided that in case of equality of votes, the chairperson of the

foundation shall have a casting vote.

7. No act or proceeding of the foundation shall be invalid by reason only

Vacancies,

of the existence of any vacancy amongst its members or any defect in the

etc., not to

constitution thereof.

invalidate

proceedings

of the

foundation.

Officers of

8. (1) The Government may appoint an officer not below the rank of Joint

foundation. Secretary to government as Secretary to the foundation to exercise such powers

and perform such duties under the chairperson of the foundation as may be

prescribed or as may be delegated to him by the chairperson.

(2) The term of the office and other conditions of service of the Secretary

shall be such as may be prescribed.

(3) Subject to such control, restrictions and conditions as may be

prescribed, the Foundation may appoint such other officers and employees as

may be necessary for the efficient performance of its functions.

committee of

9. (1) For the purpose of managing the affairs of the Foundation, the

management. foundation may, by resolution passed at a meeting, appoint a committee of

management, and entrust to it such powers, duties and functions, as may be

specified in such resolution.

(2) The foundation may, by resolution, appoint any person as a

member of the committee of management, whether such person is a member of

the foundation or not, and may, from time to time, vary or rescind any resolution

passed by it under this section.

appointment

10. (1) The government shall, for the purpose of deciding the claim of any

of claims

person over the property, by notification, appoint a Claims Commissioner.

commissioner.

(2) The claims commissioner may regulate his own procedure for

receiving and deciding the claims.

(3) any person having a claim over the property may make a claim to

the claims commissioner within ninety days from the date of appointment under

sub-section (1):

Provided that if the Claims Commissioner is satisfied that the claimant was

prevented by sufficient cause from preferring the claim within the said period of

ninety days, he may entertain the claim within a further period of sixty days and

not thereafter.

11. The chairperson and members of the foundation and the claims

chairperson,

Commissioner, Secretary and other officers and employees of the Foundation

members,

shall be deemed, when acting or purporting to act in pursuance of any of the

etc. of

provisions of this Ordinance, to be public servants within the meaning of section central act XLV foundation

21 of the indian Penal code.

of 1860.

to be public

servants.

Protection of 12. No suit, prosecution or other legal proceedings under this Ordinance

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

in good faith faith or intended to be done in the discharge of his official functions or in exercise

by any public of his powers.

servant.

13. (1) The Government may, by notification, make rules to carry out the Power to make provisions of this Ordinance.

rules.

(2) All rules made and notifications or orders issued under this Ordinance

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.

(3) Every rule made or notification or order issued under this Ordinance

shall, as soon as possible, after it is made or issued, be placed on the table of the

Legislative assembly.

Power to 14. If any difficulty arises in giving effect to the provisions of this Ordinance,

remove the government may, by an order published in the Tamil Nadu Government

difficulties.

Gazette, make such provisions not inconsistent with the provisions of this

Ordinance as appear to them to be necessary or expedient for removing such

difficulty.

15. The government may, from time to time, give such directions as it may Power to give deem fit for giving effect to the provisions of this Ordinance.

directions.

THE SCHEDULE.

(See section 3)

PART-A.

The immovable Property.

Taluk : mylapore

Town : mylapore i

: Block No.31, Survey No.1567/50

Block No.and Survey No.

municipal door No. : 36/81

Classification of Land : ryotwari manai Quit rent

area : 0.22.60.0 Sq.mt.

Boundaries : North 1567/1

east 1567/1, 1567/63, 1567/64 and 1567/43

South 1567/73

West 1567/1

Structures : 3 Storied Building (ground + 2 floors)

Trees : mango Trees – 2, Jack fruit Tree – 1,

coconut Trees – 5, Banana Trees – 5

Owner : former chief minister of Tamil Nadu Puratchi Thalaivi dr. J. Jayalalithaa (Late)Tamil nadu governmenT gazeTTe exTraordinary 95

PART-B.

The movable Properties.

Sl. No. Name of Items Total Numbers

1. gold 14 items = 4 Kg and 372 grams

2. Silver 867 items = 601 Kg and 424 grams

3. Silver items (Small Utensils) 162 items

4. Televisions

11

5. refrigerators

10

6. air conditioners

38

7. furniture (except Kitchen racks) 556

8. Kitchen Utensils

6514

9. Kitchen racks and furniture 12

10. cutlery items (Showcase) 1055

11. Pooja Utensils

15

12. dress materials / Towels / Bed Sheets / Other cloth items / Pillow covers / curtains / footwear

10438

13. Telephones / mobile phone 29

14. Kitchen electrical items 221

15. electrical accessories 251

16. Books

8376

17. mementos

394

18. documents like License, court documents and iT Statements

653

19. Stationery items

253

20. furnishing accessories 1712

21. carry cases (Suit cases) 65

22. cosmetic items

108

23. clocks

6

24. canon Xerox machine 2525 1

25. Laser Printer T 1588

1

26. miscellaneous items 959

TOTAL

32721

BaNWariLaL PUrOhiT,

21st may 2020. Governor of Tamil Nadu.

Explanatory Statement.

On 17.08.2017, the hon'ble chief minister of Tamil Nadu announced that, 'Veda Nilayam', the residence of the former chief minister of Tamil Nadu, Puratchi Thalaivi dr.J.Jayalalithaa (Late) will be converted as a memorial and will be opened to the public, in remembrance of her achievements and sacrifices for the people of Tamil Nadu. To give effect to the said announcement, administrative sanction has been given in g.O. (ms.) No.180, Tamil development and information department, dated 05.10.2017 for acquisition of 'Veda Nilayam' situated in Poes garden, mylapore Taluk, chennai under the right to fair compensation and Transparency in Land acquisition, rehabilitation and resettlement act, 2013 (central act 30 of 2013). action has already been initiated to acquire the aforesaid land and building under the said act and a preliminary notification under section 11(1) of that Act was published on 28.06.2019 and an order over ruling the objections made thereon was issued under section 15 (3) of that act on 22.01.2020 . a declaration that the said land and building are needed for conversion as a government memorial has also been published on 06.05.2020 under section 19(1) of the said act.

2. The completion of acquisition proceedings under the said act will take some more time. as on date, there is no declared legal heir to dr.J.Jayalalithaa, former chief minister of Tamil Nadu. The land and building of the 'Veda Nilayam' including the movable items therein such as furniture, books, jewels, etc., are in a state of disuse for more than three years and hence it is imminently necessary to prevent them from being spoilt and ruined due to lack of proper maintenance. The government have, therefore, decided to temporarily transfer the 'Veda Nilayam', including the movable items therein to the government for its upkeep and maintenance, till the land acquisition proceedings are duly completed and possession is taken by the government under the said central act 30 of 2013 and to establish a foundation to make long term arrangements for its conversion into a memorial.

3. The Ordinance seeks to give effect to the above decision.

(By order of the governor)

c. gOPi raViKUmar,

Secretary to Government,

Law Department.

PriNTed aNd PUBLiShed By The cOmmiSSiONer Of STaTiONery aNd PriNTiNg, cheNNai ON BehaLf Of The gOVerNmeNT Of TamiL NadU