No. 430]

CHENNAI, MONDAY, OCTOBER 19, 2020

Aippasi 3, Saarvari, 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.12.80 Paise.

Part IV—Section 2

Tamil Nadu Acts and Ordinances

Ex-IV-2—430—1

[167]

CONTENTS

Pages.

ACTS:

No. 26 of 2020—The Tamil Nadu Public Health (Amendment) Act, 2020.

.. ..

168

No. 27 of 2020—The Tamil Nadu Public Health (Second Amendment) Act, 2020.

.. ..

169-174

No. 28 of 2020—The Tamil Nadu Taxation Laws (Relaxation of certain Provisions) Act, 2020.

175-176

No. 29 of 2020—The Tamil Nadu Goods and Services Tax (Second Amendment) Act, 2020.

177-180

No. 30 of 2020—The Tamil Nadu Court-fees and suits Valuation (Amendment) Act, 2020.

181-182

No. 31 of 2020—The Tamil Nadu Agricultural Produce Marketing (Regulation) Second

Amendment Act, 2020

183-190

No. 32 of 2020—The Tamil Nadu Puratchi Thalaivi Dr. J Jayalalithaa Memorial

Foundation Act, 2020.

191-197

168

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

The following Act of the Tamil Nadu Legislative Assembly received the assent of

the Governor on the 17th October 2020 and is hereby published for general

information:—

ACT No. 26 OF 2020.

An Act further to amend the Tamil Nadu Public Health Act, 1939.

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

the Seventy-ﬁ rst Year of the Republic of India as follows:-

Short title and

commencement.

(1) This Act may be called the Tamil Nadu Public Health

(Amendment) Act, 2020.

(2) It shall be deemed to have come into force on the

25th day of April 2020.

Amendment of

section 74.

2. In section 74 of the Tamil Nadu Public Health Act,1939, the following

sub-section shall be added, namely:-

Tamil Nadu Act III

of 1939.

“(6) Any person who, either by himself or as a member of a group,

obstructs or prevents or attempts to obstruct or prevent the cremation or

burial of the body of any person who has died while suﬀ ering from a notiﬁ ed

disease shall be punished with imprisonment for a term which shall not be

less than one year but which may extend to three years and with ﬁ ne.”

Repeal and

Saving.

3. (1) The Tamil Nadu Public Health (Amendment) Ordinance, 2020 is

hereby repealed.

Tamil Nadu

Ordinance 1 of

2020.

(2) Notwithstanding such repeal, anything done or any action

taken under the Tamil Nadu Public Health Act, 1939, 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,

Law Department.

169

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

An Act further to amend the Tamil Nadu Public Health Act, 1939.

Bඍ it enacted by the Legislative Assembly of the State of

Tamil Nadu in the Seventy-ﬁ rst Year of the Republic of India as

follows:

(1) This Act may be called the Tamil Nadu Public Health (Second

Amendment) Act, 2020.

Short title and

commencement.

(2) It shall be deemed to have come into force on the 4th day of

September 2020.

Tamil Nadu Act III of

1939.

In section 3 of the Tamil Nadu Public Health Act, 1939 (hereinafter

referred to as the principal Act),—

(1) clause (1) shall be renumbered as clause (1-A), and before

clause (1-A) as so renumbered, the following clause shall be inserted,

namely:—

“(1) “act of violence” includes any of the following acts committed by

any person against any personnel, including police personnel, involved in

the prevention, treatment and control of infectious diseases, which causes

or may cause—

(a) harassment impacting the living or working conditions of

such personnel and preventing them from discharging their duties;

(b) harm, injury, hurt, intimidation or danger to the life of

such personnel;

discharge of their duties;

(d) loss or damage to any property or documents in the

custody of, or in relation to, such personnel;”;

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

namely:—

“(17-A) “isolation” means complete separation of a person

suﬀ ering from an infectious disease from others and detention in a place

designated therefor, for a period not exceeding the maximum known period

of communicability of that disease or until the person is cured of that

disease, so as to prevent or limit the direct or indirect transmission of the

infectious disease;”;

(3) after clause (30), the following clause shall be inserted,

namely:—

“(30-A) “Police Oﬃ cer” means an oﬃ cer not below the rank

of Sub-Inspector of Police;”;

(4) after clause (32), the following clause shall be inserted,

namely:—

Amendment of

section 3.

The following Act of the Tamil Nadu Legislative Assembly received the assent of

the Governor on the 17th October 2020 and is hereby published for general

information:—

ACT No. 27 OF 2020.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

“(32-A) “quarantine” means the limitation or restriction of freedom of

movement of a person reasonably believed to have been exposed to an

infectious disease, though asymptomatic, for a period not exceeding the

maximum known incubation period of that disease, so as to prevent the

possibility of spread of that disease to others;”;

(5) after clause (33), the following clause shall be inserted,

namely:—

“(33-A)“social-distancing” means and includes any measure

taken to increase the physical space or distance between people outside

their home, in order to slow down the rate of transmission of the disease in

the community;”.

Amendment of

section 65.

In section 65 of the principal Act, in sub-section (1), for the

expression “The Health Oﬃ cer or any person authorized by him in this

behalf”, the expression “The Health Oﬃ cer or any person authorized by

him in this behalf or a Police Oﬃ cer” shall be substituted.

Amendment of

section 76.

In section 76 of the principal Act, for sub-section (2), the following

sub-section shall be substituted, namely:—

“(2) When a declaration under clause (a) or clause (b) of sub-

section (1) comes into operation and until it is withdrawn, the Collector of the

district or any person duly authorized by him by general or special order, or

if empowered in this behalf by rules made under this Act, the Health Oﬃ cer

or any other oﬃ cer of the local authority concerned or any Police Oﬃ cer

or any oﬃ cer of the Government other than the Collector of the district

may, subject to such exceptions, restrictions, limitations and conditions and

to such control as may be prescribed, either generally or in the case of

the notiﬁ ed disease to which the declaration relates, exercise the following

powers, namely:—

(a) to order the evacuation of infected houses and houses

adjoining them or in their neighbourhood, or generally of all houses in an

infected locality;

(b) to make vaccination and preventive inoculations compulsory

subject to the provisions of sub-section (3);

(i)

that persons arriving from places outside the local

area, or residing in any building adjacent to, or in the neighbourhood of, an

infected building, shall be examined by a medical oﬃ cer;

(ii)

that persons in isolation or in quarantine shall be

examined or required to undergo necessary tests by a medical oﬃ cer;

(iii) that the clothing, bedding or other articles belonging

to such persons shall be disinfected, if there is reason to suspect that they

have been exposed to infection;

(iv) that any such person shall give his address and present

himself daily for medical examination at a speciﬁ ed time and place, for a

period not exceeding fourteen days;

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(d) to take such measures as may be necessary—

(i) in respect of, or in relation to, persons exposed to infection

from any notiﬁ ed disease, or likely to infect other persons with any such

disease; and

(ii) in respect of, or in relation to, articles exposed to infection

from any notiﬁ ed disease, or likely to infect persons with any such disease,

including in the case of (i), the placing of restrictions on the movement of

such persons, isolation or quarantine of such persons, as the case may

be, and in the case of (ii), the destruction of such articles and the placing

of restrictions on their export from, import into, or transport within, the local

area;

(e) to direct that at any place within or outside the local area,

any consignment of grain exported from, or imported into, such area by

rail, road or otherwise, shall be examined and, if necessary, unloaded and

disinfected in any speciﬁ ed manner;

(f) to close all or any existing market, and to appoint special

places, where markets may be held;

(g) to impose restrictions on the operation of public and private

transport;

(h) to ensure prohibition of spitting in public places, observance

of social distancing norms, wearing of masks and such other instructions

that may be issued, from time to time, by the Government, in the interest of

public health and safety;

(i) to issue standard operating procedures to be followed in salon

and spa, gymnasium and such other public places;

(j) to ensure adherence of the guidelines issued by the

Government to be followed in containment zones.

Explanation.— For the purpose of this clause, “containment zone”

means the area demarcated as such, based on the cluster of infected cases

reported therein, by the Collector of the district or the Commissioner of the

City Municipal Corporation, as the case may be;

(k) to restrict or prohibit congregation of persons in public places,

religious institutions and places of worship;

(l) to ensure the functioning of oﬃ ces, both the Government and

private, and educational institutions as per the directions of the Government

or the Collector of the district;

(m) to ensure prohibition or restriction on the functioning of shops,

commercial establishments, factories, workshops, godown, etc., as per the

directions of the Government or the Collector of the district;

(n) to ensure duration of services in essential or emergency

services such as banks, media, healthcare, food supply, electricity, water

supply, fuel, etc., as per the directions of the Government or the Collector of

the district;

(o) to provide for inspection and, if required, detention of any

vehicle, vessel, or any other form of transport, departing, arriving at or

passing-through the local area;

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(p) to direct any clinical establishment to admit, isolate and

manage cases arising out of public health emergencies and to furnish

report or return in such form and in such manner as may be prescribed and

to provide such services as directed.

Explanation.— For the purpose of this clause, “clinical establishment”

means a clinical establishment as deﬁ ned in clause (a) of section 2 of the

Tamil Nadu Clinical Establishments (Regulation) Act, 1997 (Tamil Nadu Act

4 of 1997);

(q) to prohibit any such activity that may be inimical to the public

health;

(r) to ensure dissemination of information pertaining to the

notiﬁ ed diseases, disease control and preventive measures, etc., to the

public and to check dissemination of false information on the subject in the

mass media; and

Insertion of new

section 77-A.

(s) to carry out such other activity or measures for the regulation,

control and prevention of the notiﬁ ed diseases, as may be directed by the

Government or the Collector of the district.”.

5. After section 77 of the principal Act, the following section shall be

inserted, namely:—

“77-A.Prohibition of act of violence.— (1) No person shall indulge

in any act of violence against a personnel involved in the prevention,

treatment and control of infectious diseases.

(2) Whoever commits or abets the commission of any oﬀ ence

under this section shall be punishable with imprisonment for a term which

shall not be less than three months but which may extend to two years and

shall be liable to ﬁ ne which shall not be less than ten thousand rupees, but

which may extend to ﬁ fty thousand rupees.”.

Amendment of

section 128.

In section 128 of the principal Act, the following sub-sections shall

be added, namely:-

“(3) (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 date, shall come into force on the date on which

they are so published;

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

are expressed to come into force on a particular date, come into force on

the date on which they are so published.

(4) Every rule made or notiﬁ cation or order issued under this Act,

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

table of the Legislative Assembly and if, before the expiry of the session, in

which it is so placed or the next session, the Legislative Assembly agrees

in making any modiﬁ cation in any such rule or notiﬁ cation or order or the

Legislative Assembly decides that the rule or notiﬁ cation or order should

not be made or issued, the rule or notiﬁ cation or order shall thereafter have

eﬀ ect only in such modiﬁ ed form or be of no eﬀ ect, as the case may be, so

however, that any such modiﬁ cation or annulment shall be without prejudice

to the validity of anything previously done under that rule or notiﬁ cation or

order.”.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Section 130 of the principal Act shall be omitted.

Omission of

section 130.

In section 135 of the principal Act, for the expression “or the

Health Oﬃ cer”, in two places where it occurs, the expression “or the Health

Oﬃ cer or a Police Oﬃ cer” shall be substituted.

Amendment of

section 135.

After section 135 of the principal Act, the following section shall

be inserted, namely:—

“135-A. Oﬀ ences by companies.— (1) Where an oﬀ ence under

this Act has been committed by a company, every person who, at the time

of the oﬀ ence 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 oﬀ ence and shall be liable to

be proceeded against them and punished accordingly:

Insertion of new

section 135-A.

Provided that nothing in this sub-section shall render any such

person liable to any punishment, if he proves that the oﬀ ence was committed

without his knowledge or that he had exercised all due diligence to prevent

the commission of such an oﬀ ence.

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

any oﬀ ence under this Act has been committed by a company and it is

proved that the oﬀ ence has been committed with the consent or connivance

of, or is attributable to any neglect on the part of, any director, manager,

secretary or other oﬃ cer of the company, such director, manager, secretary

or other oﬃ cer shall be proceeded against and punished accordingly.

Explanation.— For the purposes of this section—

(a) “company” means any body corporate and includes a ﬁ rm or

other association of individuals; and

(b) “director” in relation to a ﬁ rm, means a partner in the ﬁ rm.”.

10. In section 138 of the principal Act,—

(1) for the expression “by the police”, the expression “by a Police

Oﬃ cer” shall be substituted;

(2) in the proviso, for the expression “Code of Criminal Procedure,

1898 (Central Act V of 1898)”, the expression “Code of Criminal Procedure,

1973 (Central Act 2 of 1974)” shall be substituted.

Amendment of

section 138.

11. In section 138-A of the principal Act, for the expression “The

executive authority or the Health Oﬃ cer”, the expression “The executive

authority or the Health Oﬃ cer or a Police Oﬃ cer” shall be substituted.

Amendment of

section 138-A.

12. In section 142 of the principal Act,—

(1) in sub-section (1), for the expression “or of the Government”,

the expression “or of the Government or Police Oﬃ cer” shall be substituted;

(2) in sub-section (2), for the expression “or of the Government”, the

expression “or of the Government or no Police Oﬃ cer” shall be substituted.

Amendment of

section 142.

13. In section 143 of the principal Act, for the expression “or of the

Government”, the expression “or of the Government or Police Oﬃ cer” shall

be substituted.

Amendment of

section 143.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Amendment of

Schedule I.

14. In Schedule I to the principal Act, for the words “One thousand

rupees” in column (4) relating to section 76 in column (1), the words, “Five

thousand rupees” shall be substituted.

Repeal and saving.

15. (1) The Tamil Nadu Public Health (Second Amendment)

Ordinance, 2020 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 said Act, as amended by this

Act.

Tamil Nadu

Ordinance

10 of 2020.

(By order of the Governor)

C. GOPI RAVIKUMAR,

Secretary to Government,

Law Department.

175

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

The following Act of the Tamil Nadu Legislative Assembly received the assent of

the Governor on the 17th October 2020 and is hereby published for general

information:—

ACT No. 28 OF 2020.

An Act to provide relaxation in the provisions of certain Acts and

for matters connected therewith or incidental thereto.

Bඍ it enacted by the Legislative Assembly of the State of Tamil Nadu

in the Seventy-ﬁ rst Year of the Republic of India as follows:—

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

(Relaxation of Certain Provisions) Act, 2020.

Short title and

commencement.

(2) It shall be deemed to have come into force on the 23rd day

of May 2020.

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

(a) “Government” means the State Government;

(b) “notiﬁ cation” means the notiﬁ cation published in the

Tamil Nadu Government Gazette.

Deﬁ nitions.

Tamil Nadu Act 32 of

2006.

3. In the Tamil Nadu Value Added Tax Act, 2006, after section 86,

the following section shall be inserted, namely:-

Insertion of new

section 86A.

“86A. Power of Government to extend time limit in special

circumstances.— (1) Notwithstanding anything contained in this Act, the

Government may, by notiﬁ cation, extend the time limit speciﬁ ed in, or

prescribed or notiﬁ ed under this Act in respect of actions which cannot be

completed or complied with due to force majeure.

(2) The power to issue notiﬁ cation under sub-section (1) shall

include the power to give retrospective eﬀ ect to such notiﬁ cation from a

date not earlier than the date of commencement of this Act.

Explanation.- For the purpose of this section, the expression “force

majeure” means a case of war, epidemic, ﬂ ood, drought, ﬁ re, cyclone,

earthquake or any other calamity caused by nature or otherwise aﬀ ecting

the implementation of any of the provisions of this Act.”.

Tamil Nadu Act XX of

1935.

Tamil Nadu Act X of

1939.

Tamil Nadu Act 6 of

1981.

Tamil Nadu Act 22 of

1983.

Tamil Nadu Act 13 of

1990.

Tamil Nadu Act 20 of

2001.

Tamil Nadu Act 19 of

2017.

4. Notwithstanding anything contained in the Tamil Nadu Betting

Tax Act, 1935, the Tamil Nadu Entertainments Tax Act, 1939, the

Tamil Nadu Tax on Luxuries Act, 1981, the Tamil Nadu Advertisement Tax

Act, 1983, the Tamil Nadu Tax on Entry of Motor Vehicles into Local Areas

Act, 1990, the Tamil Nadu Tax on Entry of Goods into Local Areas Act,

2001 as it stood prior to its repeal by Section 174 of the Tamil Nadu Goods

and Services Tax Act, 2017, the time limit speciﬁ ed in, or prescribed

or notiﬁ ed, under the said Acts which falls during the period from the

20th day of March, 2020 to the 29th day of June, 2020 or such other date

after the 29th day of June, 2020 as the Government may, by notiﬁ cation,

specify, for the completion or compliance of such action as—

Relaxation of time

limit under certain

enactments.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(a) completion of any proceeding or issuance of any order, notice,

intimation, notiﬁ cation or sanction or approval, by whatever name called,

by any authority, commission, tribunal, by whatever name called; or

(b) ﬁ ling of any appeal, reply or application or furnishing of any

report, document, return or statement, by whatever name called, by any

authority or dealer, as the case may be,

shall, notwithstanding that completion or compliance of such action

has not been made within such time, stand extended to the 30th day of

June, 2020 or such other date after the 30th day of June, 2020 as the

Government may, by notiﬁ cation, specify in this behalf:

Provided that the Government may specify diﬀ erent dates for

completion or compliance of diﬀ erent actions under clause (a) or

clause (b).

Repeal and saving.

5. (1) The Tamil Nadu Taxation Laws (Relaxation of Certain

Provisions) Ordinance, 2020 is hereby repealed.

Tamil Nadu

Ordinance 5 of

2020.

(2) Notwithstanding such repeal, anything done or any action

taken under the said Ordinance, shall be deemed to have been done or

taken under this Act.

(By order of the Governor)

C. GOPI RAVIKUMAR,

Secretary to Government,

Law Department.

177

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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 Seventy-ﬁ rst Year of the Republic of India as follows:—

1. (1) This Act may be called the Tamil Nadu Goods and Services Tax

(Second Amendment) Act, 2020.

(2) (i) Sections 11 and 14 shall be deemed to have come into force on

the 1st day of July 2017;

(ii) Section 12 shall be deemed to have come into force on the

31st day of March 2020;

(iii) Sections 2 and 13 shall be deemed to have come into force on

the 30thday of June 2020;

(iv) Section 16 shall come into force at once; and

(v) All the remaining provisions of this Act shall come into force on

such date as the State Government may, by notiﬁ cation, appoint.

2. In section 2 of the Tamil Nadu Goods and Services Tax Act, 2017 (hereinafter

referred to as the principal Act), in clause (114), for sub-clauses (c) and (d), the

following sub-clauses shall be substituted, namely:—

Short title and

commence-

ment.

Tamil Nadu

Act 19

of 2017.

Amendment of

section 2.

“(c) Dadra and Nagar Haveli and Daman and Diu;

(d) Ladakh;”.

3. In section 10 of the principal Act, in sub-section (2), in clauses (b), (c) and

(d), after the expression “of goods”, the expression “or services” shall be inserted.

Amendment of

section 10.

4. In section 16 of the principal Act, in sub-section (4), the expression “invoice

relating to such” shall be omitted.

Amendment of

section 16.

5. In section 29 of the principal Act, in sub-section (1), for clause (c), the

following clause shall be substituted, namely:—

“(c) the taxable person is no longer liable to be registered under

section 22 or section 24 or intends to opt out of the registration voluntarily made

under sub-section (3) of section 25:”.

Amendment of

section 29.

6. In section 30 of the principal Act, in sub-section (1), for the proviso, the

following proviso shall be substituted, namely:—

Amendment of

section 30.

“Provided that such period may, on suﬃ cient cause being shown, and for

reasons to be recorded in writing, be extended,—

(a) by the Additional Commissioner or the Joint Commissioner, as the

case may be, for a period not exceeding thirty days;

(b) by the Commissioner, for a further period not exceeding thirty days,

beyond the period speciﬁ ed in clause (a).”.

The following Act of the Tamil Nadu Legislative Assembly received the assent of

the Governor on the 17th October 2020 and is hereby published for general

information:—

ACT No. 29 OF 2020.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Amendment of

section 31.

7. In section 31 of the principal Act, in sub-section (2), for the proviso, the

following proviso shall be substituted, namely:—

“Provided that the Government may, on the recommendations of the

Council, by notiﬁ cation,—

(a) specify the categories of services or supplies in respect of which a

tax invoice shall be issued, within such time and in such manner as may be

prescribed;

(b) subject to the condition mentioned therein, specify the categories of

services in respect of which—

(i) any other document issued in relation to the supply shall be

deemed to be a tax invoice; or

(ii) tax invoice may not be issued.”.

Amendment

of section 51.

8. In section 51 of the principal Act,—

(a) for sub-section (3), the following sub-section shall be substituted,

namely:—

“(3) A certiﬁ cate of tax deduction at source shall be issued in such

form and in such manner as may be prescribed.”;

(b) sub-section (4) shall be omitted.

Amendment of

section 122.

9. In section 122 of the principal Act, after sub-section (1), the following sub-

section shall be inserted, namely:—

“(1A) Any person who retains the beneﬁ t of a transaction covered under

clauses (i), (ii), (vii) or clause (ix) of sub-section (1) and at whose instance such

transaction is conducted, shall be liable to a penalty of an amount equivalent to the

tax evaded or input tax credit availed of or passed on.”.

Amendment of

section 132.

10. In section 132 of the principal Act, in sub-section (1),—

(1) for the expression “Whoever commits any of the following oﬀ ences”,

the expression “Whoever commits, or causes to commit and retain the beneﬁ ts

arising out of, any of the following oﬀ ences’’ shall be substituted;

(2) for clause (c), the following clause shall be substituted, namely:—

“(c) avails input tax credit using the invoice or bill referred to in clause

(b) or fraudulently avails input tax credit without any invoice or bill;”;

(3) in clause (e), the expression “fraudulently avails input tax credit” shall

be omitted.

Amendment of

section 140.

11. In section 140 of the principal Act,—

(1) in sub-section (1), after the expression “existing law”, the expression

“within such time and” shall be inserted;

(2) in sub-section (2), after the expression “appointed day”, the expression

“within such time and” shall be inserted;

(3) in sub-section (3), for the expression “goods held in stock on the

appointed day subject to”, the expression “goods held in stock on the appointed

day, within such time and in such manner as may be prescribed, subject to” shall

be substituted;

(4) in sub-section (5), for the expression “existing law”, the expression

“existing law, within such time and in such manner as may be prescribed” shall be

substituted;

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(5) in sub-section (6), for the expression “goods held in stock

on the appointed day subject to”, the expression “goods held in stock on the

appointed day, within such time and in such manner as may be prescribed,

subject to” shall be substituted.

12. After section 168 of the principal Act, the following section shall be

inserted, namely:—

Insertion of new

section 168-A.

“168-A. Power of Government to extend time limit in special

circumstances.— (1) Notwithstanding anything contained in this Act, the

Government may, on the recommendations of the Council, by notiﬁ cation,

extend the time limit speciﬁ ed in, or prescribed or notiﬁ ed under, this

Act in respect of actions which cannot be completed or complied with due to force

majeure.

(2) The power to issue notiﬁ cation under sub-section (1) shall include

the power to give retrospective eﬀ ect to such notiﬁ cation from a date not

earlier than the date of commencement of this Act.

Explanation.— For the purposes of this section, the expression “force

majeure” means a case of war, epidemic, ﬂ ood, drought, ﬁ re, cyclone, earthquake

or any other calamity caused by nature or otherwise aﬀ ecting the implementation

of any of the provisions of this Act.”.

13. In section 172 of the principal Act, in the proviso to

sub-section (1), for the expression “three years”, the expression “ﬁ ve years”

shall be substituted.

Amendment of

section 172.

14. In Schedule II to the principal Act, in paragraph 4, the expression

“whether or not for a consideration,” in two places where it occurs, shall be

omitted.

Amendment of

Schedule II.

15. (1) Notwithstanding anything contained in the CT&R Department

Notiﬁ cation No.II(2) CTR/532(d-4)/2017, dated the 29^th June 2017, published

at pages 3 to 68 in Part II – Section 2 of Tamil Nadu Government Gazette,

Extraordinary, dated 29^th June 2017, on the recommendations of the Council,

in exercise of the powers under sub-section (1) of section 9 of the principal

Act,—

(i) no State tax shall be levied or collected in respect of supply of

ﬁ shmeal (falling under heading 2301), during the period commencing from

the 1^st day of July 2017 and ending with the 30th day of September 2019

(both days inclusive);

(ii) State tax at the rate of six per cent, shall be levied or collected in

respect of supply of pulley, wheels and other parts (falling under heading

8483) and used as parts of agricultural machinery (falling under headings

8432, 8433 and 8436), during the period commencing from the 1stday of July

2017 and ending with the 31st day of December 2018 (both days inclusive).

Retrospective

exemption

from, or levy or

collection of, State

tax in

certain cases.

(2) No refund shall be made of all such tax which has been collected, but

which would not have been so collected, had sub-section (1) been in force at

all material times.

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Repeal and

Saving

16. (1) The Tamil Nadu Goods and Services Tax (Amendment)

Ordinance, 2020 and the Tamil Nadu Goods and Services Tax (Second

Amendment) Ordinance, 2020 are hereby repealed.

Tamil Nadu

Ordinance 4 of

2020.

Tamil Nadu

Ordinance 9 of

2020.

(2) Notwithstanding such repeal, anything done or any action taken

under the principal Act, as amended by the said Ordinances, 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,

Law Department.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

An Act further to amend the Tamil Nadu Court–fees and Suits

Valuation Act, 1955.

BE it enacted by the Legislative Assembly of the State of

Tamil Nadu in the Seventy-ﬁ rst Year of the Republic of India as follows:—

1. (1) This Act may be called the Tamil Nadu Court–fees and Suits

Valuation (Amendment) Act, 2020.

Short title and

commencement.

(2) It shall be deemed to have come into force on the

14th day of May 2020.

Tamil Nadu Act XIV

of 1955.

2. In sections 61, 63 and 72 of the Tamil Nadu Court–fees and

Suits Valuation Act, 1955 (hereinafter referred to as the principal Act), for

the expression “Board of Revenue” wherever it occurs, the expression

“the appropriate authority speciﬁ ed in the notiﬁ cation issued under

sub-section (1) of section 4 of the Tamil Nadu Board of Revenue Abolition

Act, 1980 (Tamil Nadu Act 36 of 1980)” shall be substituted.

Amendment of sec-

tions 61, 63 and

72.

3. In sections 73, 75, 80, 81 and 82 of the principal Act, for the

expression “Fort St. George Gazette” wherever it occurs, the expression

“Tamil Nadu Government Gazette” shall be substituted.

Amendment of sec-

tions 73, 75, 80,

81 and 82.

4. In section 68 of the principal Act, for the expression “Article 11

(g) and (u) of Schedule II”, the expression “Articles 11(g) and 11(s) of

Schedule II” shall be substituted.

Amendment of sec-

tion 68.

5. In section 72 of the principal Act, in clause (xiv), for the expression

“State Railway”, the expression “Indian Railway” shall be substituted.

Amendment of sec-

tion 72.

6. Section 75 of the principal Act shall be renumbered as

sub-section (1) of that section, and after sub-section (1) as so renumbered,

the following sub-section shall be added, namely:-

Amendment of sec-

tion 75.

“(2) For the purpose of this section and section 74,—

(a) “stamp” means any mark, seal or endorsement by

any agency or person duly authorised by the State

Government;

(b) “e-stamp” means a unique number generated on payment

of fee through online or through similar software as the

State Government may by notiﬁ cation specify in this

behalf;

or any other machine by any agency or person duly

authorised by the State Government.”.

The following Act of the Tamil Nadu Legislative Assembly received the assent of

the Governor on the 17th October 2020 and is hereby published for general

information:—

ACT No. 30 OF 2020.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

The following Act of the Tamil Nadu Legislative Assembly received the assent of

the Governor on the 17th October 2020 and is hereby published for general

information:—

ACT No. 31 OF 2020.

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 Seventy-ﬁ rst Year of the Republic of India as follows:—

(1) This Act may be called the Tamil Nadu Agricultural Produce

Marketing (Regulation) Second Amendment Act, 2020.

(2) Sections 6, 7, 8, 9, 10 and 15 shall be deemed to have come

into force on the 29th day of May 2020 and the remaining sections shall come

into force on such date as the State Government may, by notiﬁ cation, appoint.

Short title and

commencement.

Tamil Nadu Act 27

of 1989.

2. In section 2 of the Tamil Nadu Agricultural Produce Marketing

(Regulation) Act, 1987 (hereinafter referred to as the principal Act),—

Amendment of

section 2.

(1) in clause (8), the words “for such area as may be speciﬁ ed in

the notiﬁ cation” at the end shall be omitted;

(2) the existing clause (8-a) shall be renumbered as clause (8-

b) and before clause (8-b) as so renumbered, the following clause shall be

inserted, namely:—

“(8-a) “Direct marketing” in relation to agricultural produce,

means direct wholesale purchase of agricultural produce from the producers

by the processors, exporters or bulk buyers outside the markets, special and

subsidiary markets, private market yards or private market sub-yards;”;

(3) after clause (16), the following clauses shall be inserted,

namely:—

“(16-a) “private market sub-yard” means any place declared to

function as a private market sub-yard under section 7-B;

(16-b) “private market yard” means a private market yard

established under section 7-A;”;

(4) after clause (23), the following clause shall be added, namely:—

“(24) “uniﬁ ed market area” means the whole of the State of

Tamil Nadu except the notiﬁ ed market area declared under sub-section (2) of

section 6.”.

3. After section 7 of the principal Act, the following sections shall be

inserted, namely:—

“7-A. Establishment of private market yard.— (1) Subject to such

conditions as may be prescribed, the Director may grant licence to any person

to establish a private market yard anywhere in the uniﬁ ed market area for

trading in agricultural produce.

Insertion of new

sections 7-A, 7-B,

7-C and 7-D

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(2) Every application for grant of licence under this section shall be

made to the Director in such form and manner together with such fee as may

be prescribed.

(3) A licence granted under sub-section (1) shall be valid for a period

of three years.

(4) The Director may grant or refuse to grant licence or renew or

refuse to renew licence or suspend the licence on such grounds as may be

prescribed by recording reasons for such refusal or suspension.

(5) Any person aggrieved by an order made under sub-section (4)

may prefer an appeal to the Government within thirty days from the date of

receipt of the order:

Provided that the Government may grant a further time of thirty days for

preferring an appeal, if the appellant is prevented from making such appeal for

suﬃ cient reasons.

(6) The private market yard licensee or its management committee,

by whatever name called, may register market functionaries including traders

with such fee as may be prescribed to operate in the private market yard.

(7) The private market yard licensee or its management committee,

may collect user charge on the agricultural produce traded in the private market

yard, at the rate ad valorem not exceeding the rate as may be prescribed:

Provided that the rate so prescribed under this sub-section shall not be

lower than the rate prescribed under sub-section (1) of section 24:

Provided further that no user charge shall be collected from a producer

who sells any agricultural produce:

Provided also that no user charge shall be collected more than once on

any agricultural produce bought or sold in the uniﬁ ed market area.

(8) The private market yard licensee shall contribute, of such user charge

collection and registration fee, in such percentage as may be prescribed to the

Market Development Fund formed under section 45.

(9) The private market yard licensee shall formulate a Standard

Operating Procedure for conduct of business and activities ancillary thereto in

the private market yard in accordance with the rules as may be prescribed.

(10) Nothing contained in sub-sections (2) and (3) shall apply to—

(a) a person who purchases any agricultural produce for his

own domestic consumption in any quantity not exceeding such quantity as

may be prescribed;

(b) a person who purchases any agricultural produce for his

own seed purposes in any quantity not exceeding such quantity as may be

prescribed.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

7-B. Establishment of private market sub-yard.— (1) The Government

may, by notiﬁ cation, declare a warehouse, silo, cold storage, other such

structure or place with such infrastructure and other facilities as may be

prescribed, to function as a private market sub-yard.

Explanation.—The expression ‘place’ shall include any structure,

enclosure, open space, locality, street including pack house / cleaning, grading

or processing unit.

(2) The owner of a private market sub-yard so declared shall apply

for licence to the Director in such form and in such manner together with such

fee as may be prescribed.

(3) A licence granted for a private market sub-yard shall be valid for

a period of three years.

(4) The Director may grant or refuse to grant licence, renew or

refuse to renew licence or suspend the licence on such grounds as may be

prescribed by recording reasons for such refusal or suspension.

(5) Any person aggrieved by an order made under sub-section (4)

may prefer an appeal to the Government within thirty days from the date of

receipt of the order:

Provided that the Government may grant a further time of thirty days

for preferring an appeal, if the appellant is prevented from making such appeal

for suﬃ cient reasons.

(6) The private market sub-yard licensee shall collect user charge

on the agricultural produce transacted at the market sub-yard, at the rate

ad valorem not exceeding the rate as may be prescribed:

Provided that no user charge shall be collected from a producer who

sells any agricultural produce.

(7) The private market sub-yard licensee shall contribute of such user

charge collection in such percentage as may be prescribed to the Market

Development Fund formed under section 45.

7-C. Direct marketing.— (1) In the proximity of a production area or

within a designated food park, collection or aggregation centre may be set up

by a person with infrastructure, as may be prescribed, with linkages to retail

chain, or processing/export unit/premises, or any other such unit/premises, as

may be prescribed for the marketing of any agricultural produce.

Explanation.— For the purpose of this sub-section, “designated food

park” means food processing units set up in well deﬁ ned agricultural or

horticultural zones and designated as such, by the Ministry of Food Processing

Industries, Government of India.

(2) Notwithstanding anything contained under sub-section (1), direct

marketing may also be carried out outside the market, private market yard,

or private market sub-yard by declaring the place of such purchase, without

establishment of any collection or aggregation centre, as may be prescribed.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(3) Any person may apply for licence for direct marketing to the

Director in such form and in such manner together with such fee as may be

prescribed.

(4) A licence granted for direct marketing shall be valid for a period

of three years.

(5) The Director may grant or refuse to grant licence, renew or

refuse to renew licence or suspend the licence on such grounds as may be

prescribed by recording reasons for such refusal or suspension.

(6) Any person aggrieved by an order made under sub-section (5)

may prefer an appeal to the Government within thirty days from the date of

receipt of the order:

Provided that the Government may grant a further time of thirty days for

preferring an appeal, if the appellant is prevented from making such appeal for

suﬃ cient reasons.

(7) Direct marketing licensee shall have to maintain records and

accounts relating to daily trade transactions and shall submit monthly report in

such form as may be prescribed, to the Director.

(8) The Director may seek any additional information from the

direct marketing licensee and may also inspect and issue direction relating to

functioning of such wholesale purchases and activities incidental thereto.

(9) The direct marketing licensee shall be liable to pay fee on

wholesale purchases at a rate of not less than one rupee but not exceeding

two rupees for every hundred rupees of the aggregate amount for which the

agricultural produce is bought or sold. The said fee shall be credited to the

Market Development Fund formed under section 45.

7-D. Dispute settlement.— Any dispute arising between or among

licensees of e-trading, direct marketing, private market yard or private market

sub-yard shall be referred to the Director for settlement.

Amendment of

section 8.

4. In section 8 of the principal Act,—

(1) for the marginal heading, the following marginal heading shall be

substituted, namely:—

“Trading in notiﬁ ed agricultural produce in notiﬁ ed market area.-”;

(2) in sub-section (1), for the expression “No person shall, within a

notiﬁ ed area,-” the expression “No person shall, within a notiﬁ ed market area,-”

shall be substituted.

Amendment of

section 8-A.

5. In section 8-A of the principal Act, in sub-section (1), for the

words “any notiﬁ ed agricultural produce in any notiﬁ ed market area”,

the words “any agricultural produce” shall be substituted.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

6. For section 14 of the principal Act, the following section shall be

substituted, namely:—

“14. Deputy Director of Agriculture (Agri Business) to be

ex-oﬃ cio member.— The Deputy Director of Agriculture (Agri Business)

in-charge of marketing having jurisdiction over the notiﬁ ed area shall be the

ex-oﬃ cio member of the market committee established for such area, or

where there are two or more Deputy Directors of Agriculture (Agri Business)

in-charge of marketing having jurisdiction over diﬀ erent portions of a notiﬁ ed

area, one of such Deputy Directors of Agriculture (Agri Business) as the

Government may specify in this behalf.’’.

Substitution of

section 14.

7. In section 17 of the principal Act, for the expression, “Land Acquisition

Act, 1894 (Central Act I of 1894)”, the expression “Right to Fair Compensation

and Transparency in Land Acquisition, Rehabilitation and Resettlement

Act, 2013 (Central Act 30 of 2013)” shall be substituted.

Amendment of

section 17.

8. In section 24 of the principal Act,—

(1) for sub-section (1), the following shall be substituted, namely:—

“(1) The market committee shall levy a fee on any notiﬁ ed agricultural

produce bought or sold in the notiﬁ ed market area at a rate not exceeding

two rupees for every hundred rupees of the aggregate amount as may be

prescribed for which the notiﬁ ed agricultural produce is bought or sold whether

for cash or for deferred payment or other valuable consideration:

Amendment of

section 24.

Explanation.— In the determination of the amount of the fee payable

under this Act, any fraction less than ﬁ fty paise shall be disregarded and any

fraction of ﬁ fty paise or exceeding ﬁ fty paise shall be regarded as one rupee.”;

(2) sub-sections (3) and (4) shall be omitted;

(3) for sub-section (5), the following sub-section shall be substituted,

namely:—

“(3) Any notiﬁ ed agricultural produce taken or proposed to

be taken out of a notiﬁ ed market area exceeding such quantity as may be

prescribed shall be accompanied by a permit issued by the Secretary of the

market committee subject to the by-laws made in this behalf by the market

committee.”.

9. In section 33 of the principal Act,—

(1) in the proviso to sub-section (1), for the words “nine years”, the

words “nine years and six months” shall be substituted;

(2) in sub-section (5), for clause (c), the following clause shall be

substituted, namely:—

“(c) the Deputy Directors of Agriculture (Agri Business) in-charge of

marketing having jurisdiction over the notiﬁ ed area referred to in section 14.”.

Amendment of

section 33.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Amendment of

section 35.

10. In section 35 of the principal Act, in sub-section (2), in clause (b),

for the expression “Land Acquisition Act, 1894 (Central Act I of 1894)”, the

expression “Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013)” shall be

substituted.

Amendment of

section 37.

11. In section 37 of the principal Act, sub-section (4) shall be omitted.

Insertion of section

37-A.

12. After section 37 of the principal Act, the following section shall be

inserted, namely:—

“37-A. Powers and functions of the Chief Executive Oﬃ cer.—

Subject to the superintendence of the Board, the Chief Executive Oﬃ cer

shall—

(i)

exercise supervision and control over oﬃ cers and staﬀ of the

Board;

(ii)

arrange for the meetings of the Board and maintain records

of the proceedings of the meetings of the Board;

(iii)

take such steps as deemed necessary for execution of the

decision of the Board;

(iv) supervise and inspect the construction or repair work of

buildings, undertaken by the Market Committees; and

(v)

discharge such other functions, as may be authorised by the

Board, from time to time.

Amendment of

section 46.

13. In section 46 of the principal Act, after clause (5), the following

clauses shall be added, namely:—

“(6) to grant, renew, suspend or cancel licence for establishing or

operating private market yard, market sub-yard, and for direct marketing;

(7) to launch prosecution for contravening the provisions of section

7A, 7B or 7C or the rules made thereunder;

(8) to ensure timely and proper conduct of the elections of the

Chairman and Vice-Chairman of the Market Committee and Vice-President of

the Board;

(9) to accept the resignation of the Chairman or Vice-Chairman of

the Market Committee.”.

Amendment of

section 50.

14. In section 50 of the principal Act, for the words “the market committee”,

the words “the market committee or the Director, as the case may be,” shall

be substituted.

Amendment of

section 52.

15. In section 52 of the principal Act, for sub-section (1), the following

sub-section shall be substituted, namely:—

“(1) The Government may make rules for carrying out all or any of

the provisions of this Act.”.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

16. In section 55 of the principal Act,—

(1) in sub-section (1), for the words “the Board”, the words “the

Board or the Director” shall be substituted;

Amendment of

section 55.

(2) in sub-section (2),—

(i) in clause (a), for the words “the market committee”, the

words “the market committee or the Director” shall be substituted;

(ii) in clause (b), for the word “the Board”, the words “the Board

or the Director” shall be substituted.

17. In section 57 of the principal Act, for the word “the Board”, the words

“the Board or the Director” shall be substituted.

Amendment of

section 57.

18. In section 58 of the principal Act, in sub-section (2), for the word

“the Director”, the words “the marketing committee or the Director” shall be

substituted.

Amendment of

section 58.

19. Section 59 of the principal Act shall be renumbered as

sub-section (1) of that section and after sub-section (1) as so re-numbered, the

following sub-section shall be added, namely:—

“(2) All sums due from the licensees of private market yard, private

market sub-yard, e-trading or direct marketing either by way of fee or otherwise

under this Act or the rules may be recovered in the same manner as arrears of

land revenue.”.

Amendment of

section 59.

Tamil Nadu

Ordinance 6 of

2020.

20. (1) The Tamil Nadu Agricultural Produce Marketing (Regulation)

Second Amendment Ordinance, 2020 is hereby repealed.

Repeal and Saving.

Tamil Nadu Act 27

of 1989.

(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.

(By order of the Governor)

C. GOPI RAVIKUMAR,

Secretary to Government,

Law Department.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

The following Act of the Tamil Nadu Legislative Assembly received the assent of

the Governor on the 17th October 2020 and is hereby published for general

information:—

ACT No. 32 OF 2020.

An Act 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 sacriﬁ ces for the people of Tamil Nadu;

AND WHEREAS, the aforesaid land and building have been acquired 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);

AND WHEREAS, 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 care and maintenance;

AND WHEREAS, the State Government have decided to transfer

the aforesaid movable items to the State Government for its upkeep and

management and to establish a Foundation and entrust the ‘Veda Nilayam’ to it,

to make long term arrangements for its conversion into a Memorial;

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

Seventy-ﬁ rst Year of the Republic of India as follows:—

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

Dr. J Jayalalithaa Memorial Foundation Act, 2020.

Short title and

commencement.

(2) It shall be deemed to have come into force on the 22nd day of May

2020.

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

Deﬁ nitions.

(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;

(d) “prescribed” means prescribed by rules made under this Act;

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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 speciﬁ ed in Part-A of the Schedule

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

items speciﬁ ed in Part-B of the Schedule;

(f) “Schedule” means the Schedule to this Act.

Transfer of

property.

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

properties speciﬁ ed in Part-B of the Schedule, shall by virtue of this Act, stand

transferred to, and vest in, the Government.

(2) The Government may, by notiﬁ cation, transfer the immovable

property speciﬁ ed in Part-A, acquired by the Government under the Right to

Fair Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013, and the movable properties speciﬁ ed in Part-B of the

Schedule, to the Foundation.

Central Act 30 of

2013.

(3) The Government shall value the movable properties speciﬁ ed

in Part-B of the Schedule and shall deposit the amount with the Claims

Commissioner.

Establishment of

Foundation.

4. (1) The Government may, by notiﬁ cation, establish, for the

purpose of this Act, a Foundation, to be called the Puratchi Thalaivi

Dr. J Jayalalithaa 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;

(d) Chief Secretary to Government;

(e) Secretary to Government, Finance Department;

(f) Secretary to Government, Tamil Development and

Information Department;

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

(h) The Director of Museums;

(i) Six members to be nominated by the Government from

amongst the members of the political party to which former Chief Minister

Puratchi Thalaivi Dr. J Jayalalithaa (Late) belonged in consultation with that

party;

(j) The Director of Information and Public Relations—Member

Secretary.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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

speciﬁ ed 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 speciﬁ ed in Part-B of the Schedule;

(iii) take such precautionary measures as it deems ﬁ t to

protect the property from theft, ﬁ re 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 (2) 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 ﬁ t.

The Chairperson and other members of the Foundation shall not be

entitled to any salary and allowances:

Salary and

allowances.

Provided that the nominated members shall be paid such fees and

allowances, as may be prescribed.

(1) The Foundation shall meet at least once in a year at such time as

may be ﬁ xed 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:

Meetings.

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

Foundation shall have a casting vote.

No act or proceeding of the Foundation shall be invalid by reason

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

constitution thereof.

Vacancies, etc.,

not to invalidate

proceedings of the

Foundation.

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

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.

Oﬃ cers of

Foundation.

(2) The term of the oﬃ ce and other conditions of service of the

Secretary to the Foundation 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 oﬃ cers and employees as

may be necessary for the eﬃ cient performance of its functions.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Committee of

Management.

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

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

speciﬁ ed 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

of Claims

Commissioner.

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

any person over the movable properties speciﬁ ed in Part-B of the Schedule, by

notiﬁ cation, appoint a Claims Commissioner.

(2) The Claims Commissioner may regulate his own procedure for

receiving and deciding the claims.

(3) Any person having a claim over the said movable properties 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 satisﬁ ed that the claimant

was prevented by suﬃ cient 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.

Chairperson,

Members, etc., of

Foundation to be

public servants.

11. The Chairperson and members of the Foundation and the Claims

Commissioner, Secretary and other oﬃ cers and employees of the Foundation

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

provisions of this Act, to be public servants within the meaning of section 21 of

the Indian Penal Code.

Central Act XLV

of 1860.

Protection of

action taken in

good faith by

any public

servant.

12. No suit, prosecution or other legal proceedings under this Act shall lie

against any public servant, in respect of anything which is done in good faith

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

his powers.

Power to make

rules.

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

provisions of this Act.

(2) All rules made and notiﬁ cations or orders issued under this Act

shall be published in the Tamil Nadu Government Gazette and unless they are

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

day on which they are so published.

(3) Every rule made or notiﬁ cation or order issued under this Act shall,

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

Legislative Assembly, and if, before the expiry of the session in which it is so

placed or the next session, the Assembly makes any modiﬁ cation in any such

rule or notiﬁ cation or order, or the Assembly decides that the rule or notiﬁ cation

or order should not be made or issued, the rule or notiﬁ cation or order shall,

thereafter, have eﬀ ect only in such modiﬁ ed form or be of no eﬀ ect, as the

case may be, so, however, that any such modiﬁ cation or annulment shall be

without prejudice to the validity of anything previously done under that rule or

notiﬁ cation or order.

195

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

14. If any diﬃ culty arises in giving eﬀ ect to the provisions of this Act,

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

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

as appear to them to be necessary or expedient for removing such diﬃ culty:

Power to remove

diﬃ culties.

Provided that no such order shall be made after the expiry of two

years from the date of commencement of this Act.

15. The Government may, from time to time, give such directions as it may

deem ﬁ t for giving eﬀ ect to the provisions of this Act.

Power to give

directions.

Tamil Nadu

Ordinance 3 of

2020.

16. (1) The Tamil Nadu Puratchi Thalaivi Dr. J Jayalalithaa Memorial

Foundation Ordinance, 2020 is hereby repealed.

Repeal and

Saving.

(2) Notwithstanding such repeal, anything done, any action taken or

any direction given under the said Ordinance, shall be deemed to have been

done, taken or given under this Act.

THE SCHEDULE

(See section 3)

PART-A

The Immovable Property

Taluk

Mylapore

Town

Mylapore I

Block No.and Survey No. :

Block No.31, Survey No.1567/50

Municipal Door No.

36/81

Classiﬁ cation of Land

Ryotwari Manai Quit Rent

Area

00.22.60 Hectare

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)

196

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

PART-B

The Movable Properties.

Sl. No.

Name of Items

Total Numbers

Gold

14 items = 4 Kg and 372 grams

Silver

867 items = 601 Kg and 424 grams

Silver Items (Small Utensils)

162 items

Televisions

Refrigerators

Air Conditioners

Furniture (Except Kitchen Racks)

556

Kitchen Utensils

6514

Kitchen Racks and Furniture

10.

Cutlery Items (Showcase)

1055

11.

Pooja Utensils

12.

Dress Materials /Towels/ Bed

Sheets / Other Cloth items/ Pillow

Covers / Curtains / Footwear

10438

13.

Telephones / Mobile phone

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

197

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Sl. No.

Name of Items

Total Numbers

20.

Furnishing Accessories

1712

21.

Carry cases (Suit cases)

22.

Cosmetic Items

108

23.

Clocks

24.

Canon Xerox Machine 2525

25.

Laser Printer T 1588

26.

Miscellaneous Items

959

TOTAL

32721

(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