BILLS - No. 1 of 2021 to No. 4 of 2021 (English)

© GOVERNMENT OF TAMIL NADU 2021

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

[R. Dis. No. 197/2009.

[Price: Rs. 7.20 Paise.

No. 63] CHENNAI, THURSDAY, FEBRUARY 4, 2021 Thai 22, Saarvari, Thiruvalluvar Aandu-2052

Part IV—Section 1

Tamil Nadu Bills

CONTENTS

Pages.

BILLS:

No. 1 of 2021—The Tamil Nadu Gaming and Police Laws (Amendment) Act, 2021 .. .. .. 2-6 No. 2 of 2021—The Tamil Nadu Co-operative Societies (Amendment) Act, 2021. .. .. 7-8 No. 3 of 2021—The Tamil Nadu Municipal Laws (Amendment) Act, 2021. .. .. .. .. 9-14 No. 4 of 2021—The Tamil Nadu Panchayats (Amendment) Act, 2021. .. .. .. .. 15-17 Ex-IV-1-63—1E

[1]2 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

BILLS INTRODUCED IN THE LEGISLATIVE ASSEMBLY OF THE

STATE OF TAMIL NADU

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill which was introduced in the Legislative Assembly of the State of Tamil Nadu on 4th February, 2021 is published together with Statement of Objects and Reasons for general information:—

L.A. Bill No. 1 of 2021

A Bill further to amend the Tamil Nadu Gaming Act, 1930, the

Chennai City Police Act, 1888 and the Tamil Nadu District

Police Act, 1859.

B(cid:3469) it enacted by the Legislative Assembly of the State of Tamil Nadu in the Seventy-second Year of the Republic of India as follows:-

PART – I.

PRELIMINARY.

Short title and

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

commencement. Police Laws (Amendment) Act, 2021.

(2) (i) All sections except sections 2 and 8 shall be

deemed to have come into force on the 21st November 2020.

(ii) Sections 2 and 8 shall come into force at once.

PART – II.

Substitution of

Tamil Nadu Act III of AMENDMENTS TO THE TAMIL NADU GAMING ACT, 1930.

sections 2 and 3.

1930. 2. In the Tamil Nadu Gaming Act, 1930 (hereinafter in this Part referred to as the 1930 Act), for sections 2 and 3, the following sections shall be substituted, namely:—

"2. Extent.— This Act extends to the whole of the State of

Tamil Nadu.

3. Definitions.— In this Act, unless there is anything repugnant

in the subject or context,—

(a) "common gaming-house" means any house, room, tent, enclosure, vehicle, vessel, cyber cafe or any place whatsoever in which instruments of gaming are kept or used for the profi t or gain of the person owning, occupying, using or keeping such house, room, tent, enclosure, vehicle, vessel, cyber cafe or place, whether free of cost or by way of charge for the use of instruments of gaming or of the house, room, tent, enclosure, vehicle, vessel, cyber cafe or the place; and includes any house, room, tent, enclosure, vehicle, vessel, cyber cafe or place opened, kept or used or permitted to be opened, kept or used for the purpose of gaming;

(b) "gaming" does not include a lottery, but includes any game

involving wagering or betting in person or in cyber space.

Explanation.— For the purposes of clause (b) and section 3-A, wagering or betting shall be deemed to comprise the collection or soliciting of bets, the receipt or distribution of winnings or prizes, in money or otherwise, including through electronic transfer of funds, in respect of any wager or bet, or any act which is intended to aid, induce, solicit or facilitate wagering or betting or such collection, soliciting, receipt, or distribution;

(c) "Government" means the State Government;

(d) "instruments of gaming" includes cards, dice, gaming table or cloth, board, computers, computer system, computer network, computer resource, any communication device or any other article used or intended to be used as a subject or means of gaming, any document or electronic record, used or intended to be used as a register or record or evidence of any gaming, the proceeds of any gaming, and any winnings or prizes in money or otherwise, including through electronic transfer of funds, distributed or intended to be distributed in respect of any gaming;

Central Act 21 of

(e) the words 'computer', 'communication device', 'computer network', 'computer resource', 'computer system', 'cyber cafe', and 'electronic record' used in this Act shall have the respective meanings assigned to them in the Information Technology Act, 2000.

2000.

3-A. Wagering or betting in cyber space.—

(1) No person shall wager or bet in cyberspace using computers, computer system, computer network, computer resource, any communication device or any other instrument of gaming by playing Rummy, Poker or any other game or facilitate or organize any such wager or bet in cyberspace.

(2) Whoever wagers or bets in cyberspace using computers, computer system, computer network, computer resource, any communication device or any other instrument of gaming by playing Rummy, Poker or any other game or facilitates or organizes any such wager or bet in cyberspace, shall be punished with imprisonment which may extend to two years or with fi ne not exceeding ten thousand rupees or with both.".

Amendment of

section 4.

3. In section 4 of the 1930 Act, in sub-section (1), in clauses (b), (c) and (d), after the expression "enclosure, vehicle, vessel", the expression "cyber cafe" shall be inserted.

Amendment of

section 5.

4. In section 5 of the 1930 Act, in sub-section (1), for the expression "not inferior to a Judicial Magistrate of the second class or any police offi cer not below the rank of Deputy Superintendent of Police", the expression "or any police offi cer not below the rank of Deputy Superintendent of Police or Assistant Commissioner of Police, as the case may be" shall be substituted.

Amendment of

section 6.

5. In section 6 of the 1930 Act, after the expression "Any cards, dice, gaming table or cloth, board", the expression "electronic record, computers, computer system, computer network, computer resource or any communication device" shall be inserted.

Amendment of

section 8.

6. In section 8 of the 1930 Act, for the expressions "fi ve hundred rupees" and "three months", the expressions "ten thousand rupees" and "two years" shall, respectively, be substituted.

Amendment of

section 9.

7. In section 9 of the 1930 Act, for the expressions "two hundred rupees" and "one month", the expressions "fi ve thousand rupees" and "six months" shall, respectively, be substituted.

Substitution of 8. For section 11 of the 1930 Act, the following section shall be

substituted, namely: —

section 11.

"11. Games of mere skill.— Notwithstanding anything contained in this Act, sections 3A and sections 5 to 10 shall apply to games of mere skill, if played for wager, bet, money or other stake.".

Amendment of

section 12.

9. In section 12 of the 1930 Act, for the expressions "one hundred rupees" and "three months", the expressions "fi ve thousand rupees" and "six months" shall, respectively, be substituted.

Insertion of new 10. After section 13-A of the 1930 Act, the following section

shall be inserted, namely:—

section 13-B.

"13-B. Offences by companies.— (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 offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other offi cer of the company, such director, manager, secretary or other offi cer shall be deemed to be guilty of that offence and shall be liable to 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.".

PART – III.

AMENDMENTS TO THE CHENNAI CITY

POLICE ACT, 1888.

Tamil Nadu Act III of

Amendment of 1888.

section 3.

11. In section 3 of the Chennai City Police Act, 1888 (hereinafter in this Part referred to as the 1888 Act), the defi nitions of 'conviction', 'imprisonment', 'common gaming house', 'gaming' and 'instruments of gaming' shall be omitted.

Omission of certain 12. Sections 40-A, 42, 43, 44, 45, 46, 47, 48, 49, 49-A, 49-B,

sections. 50, 51 and 52 of the 1888 Act shall be omitted.

Amendment of

section 79.

13. In section 79 of the 1888 Act, for the expression "English, Tamil, Telugu and Hindustani", the expression "English and Tamil" shall be substituted.

Insertion of new

14. After section 80 of the 1888 Act, the following section shall

section 80-A.

be inserted, namely:—

"80-A. Offences by companies.— (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 offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other offi cer of the company, such director, manager, secretary or other offi cer shall be deemed to be guilty of that offence and shall be liable to 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.".

PART – IV.

AMENDMENT TO THE TAMIL NADU DISTRICT POLICE ACT,

1859.

Omission of certain

expressions.

Central Act XXIV of

1859.

15. In the Schedule to the Tamil Nadu District Police Act, 1859, the expressions "Defi nition of 'imprisonment', 'gaming', 'Instruments of gaming', 'common gaming-house' and 'conviction' in section 3" and "48, 50," shall be omitted.

Tamil Nadu

Repeal and Saving.

16. (1) The Tamil Nadu Gaming and Police Laws (Amendment)

Ordinance 11 of Ordinance, 2020 is hereby repealed.

2020.

Tamil Nadu Act III of

1930.

Tamil Nadu Act III of

1888.

(2) Notwithstanding such repeal, anything done or any action taken under the Tamil Nadu Gaming Act, 1930, the Chennai City Police Act, 1888 and the Tamil Nadu District Police Act, 1859, as amended by the said Ordinance, shall be deemed to have been done or taken under the respective Acts, as amended by this Act.

Central Act XXIV of

1859.

STATEMENT OF OBJECTS AND REASONS.

Gaming by means of cards, dice etc. in the form of betting or wagering has been banned in the cities of Chennai, Madurai, Coimbatore, Salem, Tiruchirapalli and Tirunelveli by the Chennai City Police Act, 1888 (Tamil Nadu Act III of 1888) read with Tamil Nadu Act 32 of 1987 and Tamil Nadu Act 51 of 1997 and in the rest of the State by the Tamil Nadu Gaming Act, 1930 (Tamil Nadu Act III of 1930). Playing games like Rummy, Poker etc, using computers or mobile phones, for money or other stakes, which are addictive in nature, had developed manifold, in the recent times. As a result, innocent people got cheated and incidents of suicide were reported. In order to prevent such incidents of suicide and protect innocent people from the evils of online gaming, it was decided to ban wagering or betting in cyber space by suitably amending the relevant enactments. Therefore, the Government decided to amend the Tamil Nadu Gaming Act, 1930 (Tamil Nadu Act III of 1930) and to extend its application throughout the State and to make consequential amendments to the Chennai City Police Act, 1888 (Tamil Nadu Act III of 1888) and the Tamil Nadu District Police Act, 1859 (Central Act XXIV of 1859).

2. Accordingly, the Tamil Nadu Gaming and Police Laws (Amendment) Ordinance, 2020 (Tamil Nadu Ordinance 11 of 2020) was promulgated by the Governor on the 20th November, 2020 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 21st November, 2020.

3. The Bill seeks to replace the above said Ordinance with certain modifi cations.

EDAPPADI K.PALANISWAMI, Chief Minister .

Chennai-600 009, 4th February 2021.

K. SRINIVASAN, Secretary.

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill which was introduced in the Legislative Assembly of the State of Tamil Nadu on 4th February, 2021 is published together with Statement of Objects and Reasons for general information:—

L.A. Bill No. 2 of 2021

A Bill further to amend the Tamil Nadu Co-operative Societies

Act, 1983.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Seventy-second Year of the Republic of India as follows: —

Short title and 1. (1) This Act may be called the Tamil Nadu Co-operative

commencement.

Societies (Amendment) Act, 2021.

(2) It shall come into force at once.

Tamil Nadu

Amendment of Act 30 of 1983.

section 81.

2. In section 81 of the Tamil Nadu Co-operative Societies Act, 1983 (hereinafter referred to as the principal Act), in sub-section (4), —

(i) for the expression "not exceeding three months", the

expression "not exceeding one month" shall be substituted;

(ii) for the expression "shall not exceed six months", the

expression "shall not exceed three months" shall be substituted.

Amendment of 3. In section 82 of the principal Act, in sub-section (4), —

section 82.

(i) for the expression "not exceeding three months", the

expression "not exceeding one month" shall be substituted;

(ii) for the expression "shall not exceed six months", the

expression "shall not exceed three months" shall be substituted.

Amendment of

section 87.

4. For the second proviso to sub-section (1) of section 87 of the principal Act, the following proviso shall be substituted, namely: —

" Provided further that the action commenced under this sub-section shall be completed within a period of three months from the date of such commencement or such further period or periods not exceeding one month at a time as the next higher authority may permit but such extended periods shall not exceed three months in the aggregate.".

5. In section 90 of the principal Act, —

Amendment of

section 90.

(1) in sub–section (1), in clause (d), after the expression "any other registered society", the expression "or between the society and the liquidator of another registered society or between the liquidator of the registered society and the liquidator of another registered society" shall be inserted;

(2) in sub-section (9), in clause (a), in sub-clause (i), for the expression "a special offi cer", the expression "an administrator" shall be substituted.

STATEMENT OF OBJECTS AND REASONS.

Sections 81 and 82 of the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983) provide time limit of three months for completion of inquiry, inspection or investigation. The said sections also provide for further extension of time limit of six months in the aggregate as may be permitted by the next higher authority. Similarly, section 87 of the said Act provides time limit of six months for completion of the surcharge action and further extension of time limit of six months in the aggregate as may be permitted by the next higher authority. The Government considers that these time limits are too long and that in the interest of the societies, the fraud or misappropriation occurring in co-operative societies should be unearthed expeditiously and the recovery process of the loss sustained by the societies thereby, should be expedited.

2. Further, sub-section (1) of Section 90 of the said Tamil Nadu Act 30 of 1983, among others, provides for referring a dispute between the society and any other registered society to the Registrar for decision. The Government have now decided also to refer disputes between the society and liquidator of another registered society or between the liquidator of two registered societies to the Registrar for decision, on the lines of section 84 of the Multi-State Co-operative Societies Act, 2002 (Central Act 39 of 2002).

3. The Bill seeks to give effect to the above decisions.

SELLUR K. RAJU, Minister for Co-operation.

K. SRINIVASAN, Chennai-600 009, 4th February 2021.

Secretary.

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill which was introduced in the Legislative Assembly of the State of Tamil Nadu on 4th February, 2021 is published together with Statement of Objects and Reasons for general information:—

L.A. Bill No. 3 of 2021

A Bill further to amend the laws relating to the Municipal

Corporations and Municipalities in the State of Tamil Nadu.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Seventy-second Year of the Republic of India as follows:—

PART – I.

PRELIMINARY.

Short title and 1. (1) This Act may be called the Tamil Nadu Municipal Laws

commencement.

(Amendment) Act, 2021.

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

30th day of December 2020.

PART – II.

AMENDMENT TO THE CHENNAI CITY MUNICIPAL

CORPORATION ACT, 1919.

Tamil Nadu

Amendment of Act IV of 1919.

section 414-B.

2. In section 414-B of the Chennai City Municipal Corporation Act, 1919, for the expression "upto the 31st day of December 2020", the expression "upto the 30th day of June 2021" shall be substituted.

PART – III.

AMENDMENT TO THE TAMIL NADU DISTRICT

MUNICIPALITIES ACT, 1920.

Tamil Nadu

Amendment of Act V of 1920.

section 375-B.

3. In section 375-B of the Tamil Nadu District Municipalities Act, 1920, for the expression "upto the 31st day of December 2020", the expression "upto the 30th day of June 2021" shall be substituted.

PART – IV.

AMENDMENT TO THE MADURAI CITY MUNICIPAL

CORPORATION ACT, 1971.

Tamil Nadu

Amendment of Act 15 of 1971.

section

510-AAA.

4. In section 510-AAA of the Madurai City Municipal Corporation Act, 1971, for the expression "upto the 31st day of December 2020", the expression "upto the 30th day of June 2021" shall be substituted.

PART – V.

AMENDMENT TO THE COIMBATORE CITY MUNICIPAL

CORPORATION ACT, 1981.

Tamil Nadu

Amendment of Act 25 of 1981.

section

511-AAA.

5. In section 511-AAA of the Coimbatore City Municipal Corporation Act, 1981, for the expression "upto the 31st day of December 2020", the expression "upto the 30th day of June 2021" shall be substituted.

PART – VI.

AMENDMENT TO THE TIRUCHIRAPPALLI CITY MUNICIPAL

CORPORATION ACT, 1994.

Amendment of

Tamil Nadu section 10-A.

Act 27 of 1994.

6. In section 10-A of the Tiruchirappalli City Municipal Corporation Act, 1994, for the expression "upto the 31st day of December 2020", the expression "upto the 30th day of June 2021" shall be substituted.

PART – VII.

AMENDMENT TO THE TIRUNELVELI CITY MUNICIPAL

CORPORATION ACT, 1994.

Amendment of

Tamil Nadu section 10-A.

Act 28 of 1994.

7. In section 10-A of the Tirunelveli City Municipal Corporation Act, 1994, for the expression "upto the 31st day of December 2020", the expression "upto the 30th day of June 2021" shall be substituted.

PART – VIII.

AMENDMENT TO THE SALEM CITY MUNICIPAL

CORPORATION ACT, 1994.

Amendment of

Tamil Nadu section 10-A.

Act 29 of 1994.

8. In section 10-A of the Salem City Municipal Corporation Act, 1994, for the expression "upto the 31st day of December 2020", the expression "upto the 30th day of June 2021" shall be substituted.

PART – IX.

AMENDMENT TO THE TIRUPPUR CITY MUNICIPAL

CORPORATION ACT, 2008.

Amendment of

Tamil Nadu section 9-A.

Act 7 of 2008.

9. In section 9-A of the Tiruppur City Municipal Corporation Act, 2008, for the expression "upto the 31st day of December 2020", the expression "upto the 30th day of June 2021" shall be substituted.

PART – X.

AMENDMENT TO THE ERODE CITY MUNICIPAL

CORPORATION ACT, 2008.

Amendment of

Tamil Nadu section 9-A.

Act 8 of 2008.

10. In section 9-A of the Erode City Municipal Corporation Act, 2008, for the expression "upto the 31st day of December 2020", the expression "upto the 30th day of June 2021" shall be substituted.

PART – XI.

AMENDMENT TO THE VELLORE CITY MUNICIPAL

CORPORATION ACT, 2008.

Amendment of

Tamil Nadu section 9-A.

Act 26 of 2008.

11. In section 9-A of the Vellore City Municipal Corporation Act, 2008, for the expression "upto the 31st day of December 2020", the expression "upto the 30th day of June 2021" shall be substituted.

PART – XII.

AMENDMENT TO THE THOOTHUKUDI CITY MUNICIPAL

CORPORATION ACT, 2008.

Tamil Nadu

Amendment of Act 27 of 2008.

section 9-A.

12. In section 9-A of the Thoothukudi City Municipal Corporation Act, 2008, for the expression "upto the 31st day of December 2020", the expression "upto the 30th day of June 2021" shall be substituted.

PART – XIII.

AMENDMENT TO THE THANJAVUR CITY MUNICIPAL

CORPORATION ACT, 2013.

Tamil Nadu

Amendment of Act 24 of 2013.

section 9-A.

13. In section 9-A of the Thanjavur City Municipal Corporation Act, 2013, for the expression "upto the 31st day of December 2020", the expression "upto the 30th day of June 2021" shall be substituted.

PART – XIV.

AMENDMENT TO THE DINDIGUL CITY MUNICIPAL

CORPORATION ACT, 2013.

Tamil Nadu

Amendment of Act 25 of 2013.

section 9-A.

14. In section 9-A of the Dindigul City Municipal Corporation Act, 2013, for the expression "upto the 31st day of December 2020", the expression "upto the 30th day of June 2021" shall be substituted.

PART – XV.

AMENDMENT TO THE HOSUR CITY MUNICIPAL

CORPORATION ACT, 2019.

Tamil Nadu

Amendment of Act 10 of 2019.

section 10.

15. In section 10 of the Hosur City Municipal Corporation Act, 2019, in sub-section (4), for the expression "upto the 31st day of December 2020", the expression "upto the 30th day of June 2021" shall be substituted.

PART – XVI.

AMENDMENT TO THE NAGERCOIL CITY MUNICIPAL

CORPORATION ACT, 2019.

Tamil Nadu

Amendment of Act 11 of 2019.

section 10.

16. In section 10 of the Nagercoil City Municipal Corporation Act, 2019, in sub-section (4), for the expression "upto the 31st day of December 2020", the expression "upto the 30th day of June 2021" shall be substituted.

PART – XVII.

AMENDMENT TO THE AVADI CITY MUNICIPAL

CORPORATION ACT, 2019.

Tamil Nadu

Amendment of Act 24 of 2019.

section 10.

17. In section 10 of the Avadi City Municipal Corporation Act, 2019, in sub-section (4), for the expression "upto the 31st day of December 2020", the expression "upto the 30th day of June 2021" shall be substituted.

Tamil Nadu Repeal and saving. 18. (1) the Tamil Nadu Municipal Laws (Fourth Amendment)

Ordinance Ordinance, 2020 is hereby repealed.

13 of 2020.

Tamil Nadu

Act IV of 1919.

Tamil Nadu

Act V of 1920.

Tamil Nadu

Act 15 of 1971.

Tamil Nadu

Act 25 of 1981.

Tamil Nadu

Act 27 of 1994.

Tamil Nadu

Act 28 of 1994.

Tamil Nadu

Act 29 of 1994.

Tamil Nadu (2) Notwithstanding such repeal, anything done or any action taken under the Chennai City Municipal Corporation Act, 1919, the Tamil Nadu District Municipalities Act, 1920, the Madurai City Municipal Corporation Act, 1971, the Coimbatore City Municipal Corporation Act, 1981, the Tiruchirappalli City Municipal Corporation Act, 1994, the Tirunelveli City Municipal Corporation Act, 1994, the Salem City Municipal Corporation Act, 1994, the Tiruppur City Municipal Corporation Act, 2008, the Erode City Municipal Corporation Act, 2008, the Vellore City Municipal Corporation Act, 2008, the Thoothukudi City Municipal Corporation Act, 2008, the Thanjavur City Municipal Corporation Act, 2013, the Dindigul City Municipal Corporation Act, 2013, the Hosur City Municipal Corporation Act, 2019, the Nagercoil City Municipal Corporation Act, 2019 and the Avadi City Municipal Corporation Act, 2019, as amended by the said Ordinance, shall be deemed to have been done or taken under the respective Acts, as amended by this Act.

Act 7 of 2008.

Tamil Nadu

Act 8 of 2008.

Tamil Nadu

Act 26 of 2008.

Tamil Nadu

Act 27 of 2008.

Tamil Nadu

Act 24 of 2013.

Tamil Nadu

Act 25 of 2013.

Tamil Nadu

Act 10 of 2019.

Tamil Nadu

Act 11 of 2019.

Tamil Nadu

Act 24 of 2019.

STATEMENT OF OBJECTS AND REASONS.

The Special Offi cers to the Town Panchayats, Municipalities and Municipal Corporations were appointed in pursuance of the orders of the Hon'ble High Court of Madras in W.P.No.33984 of 2016, dated the 4th October 2016. The term of offi ce of the said Special Offi cers of the Town Panchayats, Municipalities and Municipal Corporations was extended from time to time and lastly upto the 31st December 2020.

2. Following the direction of the Hon'ble Supreme Court of India in I.A No.182868 of 2019 in Civil Appeal Nos. 5467-5469 of 2017, dated the 6th December 2019 read with Writ Petition (Civil) No.1443 of 2019, dated the 11th December 2019 relating to delimitation of territorial wards of Village Panchayats, Panchayat Unions and District Panchayats in the nine newly reconstituted districts, namely, Kancheepuram, Chengalpattu, Vellore, Thirupathur, Ranipet, Villupuram, Kallakurichi, Tirunelveli and Tenkasi, the Tamil Nadu Delimitation Commission conducted series of meetings with the District Delimitation Authorities for fi nalisation of territorial wards of the Town Panchayats, Municipalities and Municipal Corporations also, in the above said nine newly reconstituted districts and submitted its recommendation thereon to the Government and the same are under active consideration of the Government. Further, for conducting ordinary elections to Urban Local Bodies, the Tamil Nadu State Election Commission has initiated swift actions, namely, preparation of Local Body Electoral Rolls, identifi cation of Polling Stations, revision of certain Booklets, training for handling Electronic Voting Machines to offi cials and development of software for randomisation of polling offi cial and Electronic Voting Machines.

3. In the meantime, due to sudden outbreak of the pandemic disease, namely, COVID-19, high alert / lock down was declared by the Central Government and the State Government and an order under section 144 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) was issued. Consequent on the said measures, only limited employees of the Government were permitted to work in the offi ces. Further, the machinery of the Government and Urban Local Bodies were engaged in taking preventive, protective, relief and welfare measures on a war footing, to mitigate the suffering of the people due to the outbreak of COVID-19. Certain restrictions are still in force. Hence, the notifi cation of delimitation of territorial wards of Town Panchayats, Municipalities and Municipal Corporations in the said nine newly reconstituted districts and the preparatory works for the conduct of ordinary elections could not be completed as per the planned schedule of activities.

4. Further, after notifi cation of the delimitation of territorial wards of Town Panchayats, Municipalities and Municipal Corporations, the reservation of seats for Scheduled Castes, Scheduled Tribes and Women in the territorial wards of all the Urban Local Bodies in the nine newly reconstituted districts will have to be notifi ed. Only thereafter, the Tamil Nadu State Election Commission could be enabled to notify the schedule for the conduct of ordinary elections to the Urban Local Bodies, after ensuring conducive atmosphere for the consideration of the health and safety of the people/voters/candidates/election machineries and the security personnel for effective participation in the electoral process without any risk. In view of the above, additional time is required for the Tamil Nadu State Election Commission to complete the preparatory works for the conduct of elections to the Urban Local Bodies. To that effect, the Hon'ble Supreme Court in its order, dated the 4th December 2020 has allowed the Interlocutory Application No.114726/2020 seeking extension of six months time to comply with the Court's Order, dated 11.12.2019 passed in Writ Petition (C) No.1443 of 2019.

5. In the circumstances stated above, as the term of offi ce of the Special Offi cers was due to expire on the 31st December 2020, the Government decided to amend the laws relating to the Town Panchayats, Municipalities and Municipal Corporations, so as to extend the term of offi ce of the Special Offi cers for a further period of six months upto the 30th June 2021 or until the fi rst meeting of the council is held after the ordinary elections to the Town Panchayats, Municipalities and Municipal Corporations, whichever is earlier. Accordingly, the Tamil Nadu Municipal Laws (Fourth Amendment) Ordinance, 2020 (Tamil Nadu Ordinance 13 of 2020) was promulgated by the Governor on the 29th December 2020 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 30th December 2020.

6. The Bill seeks to replace the above said Ordinance.

S.P.VELUMANI,

Minister for Municipal Administration and Rural Development,

Implementation of Special Programme.

Chennai-600 009, 4th February 2021.

K. SRINIVASAN, Secretary.

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill which was introduced in the Legislative Assembly of the State of Tamil Nadu on 4th February, 2021 is published together with Statement of Objects and Reasons for general information:—

L.A. Bill No. 4 of 2021

A Bill further to amend the Tamil Nadu Panchayats Act, 1994.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Seventy-second Year of the Republic of India as follows:—

Short title and 1. (1) This Act may be called the Tamil Nadu Panchayats

commencement.

(Amendment) Act, 2021.

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

30th day of December 2020.

Tamil Nadu Act 21

Amendment of of 1994.

section 261-A.

2. In section 261-A of the Tamil Nadu Panchayats Act, 1994, for the expression "upto the 31st day of December 2020", the expression "upto the 30th day of June 2021" shall be substituted.

Tamil Nadu

Repeal and saving.

3. (1) The Tamil Nadu Panchayats (Fourth Amendment)

Ordinance 12 of Ordinance, 2020 is hereby repealed.

2020.

Tamil Nadu Act 21

of 1994.

(2) Notwithstanding such repeal, anything done or any action taken under the Tamil Nadu Panchayats Act, 1994, as amended by the said Ordinance, shall be deemed to have been done or taken under the said Act, as amended by this Act.

STATEMENT OF OBJECTS AND REASONS.

The Special Offi cers to the Village Panchayats, Panchayat Unions and District Panchayats were appointed in pursuance of the orders of the Hon'ble High Court of Madras in W.P. No.33984 of 2016, dated the 4th October 2016. The term of offi ce of the said Special Offi cers of the three tier panchayats were extended, from time to time, and lastly extended upto the 31st December 2020.

2. The Hon'ble Supreme Court of India in I.A.No.182868 of 2019 in Civil Appeal Nos.5467-5469 of 2017, dated the 6th December 2019 read with W.P. (Civil) No.1443 of 2019, dated the 11th December 2019 has, among other things, directed that the Respondent-authorities shall hold elections to all Panchayats at village, intermediate and district levels, except those in the nine reconstituted districts, namely, Kancheepuram, Chengalpattu, Vellore, Tirupathur, Ranipet, Villupuram, Kallakurichi, Tirunelveli and Tenkasi and also directed to delimit the nine newly reconstituted districts in accordance with law and thereafter hold elections for their panchayats at the village, intermediate and district levels within a period of three months. Accordingly, the Tamil Nadu State Election Commission conducted ordinary elections for electing the ward members of Village Panchayats, Panchayat Unions and District Panchayats and to the offi ces of the President of Village Panchayats and the elected representatives have also assumed offi ce on 06.01.2020 except for the above said nine newly reconstituted districts.

3. Following the direction of the Hon'ble Supreme Court of India in I.A No.182868 of 2019 in Civil Appeal Nos. 5467-5469 of 2017, dated the 6th December 2019 read with W.P (Civil) No. 1443 of 2019, dated the 11th December 2019, the Tamil Nadu Delimitation Commission has conducted series of meetings with the District Delimitation Authorities for fi nalisation of territorial wards of the Rural Local Bodies in the nine newly reconstituted districts and submitted its recommendation thereon to the Government and the same are under active consideration of the Government. Further, for conducting ordinary elections to Rural Local Bodies in the said nine districts, the Tamil Nadu State Election Commission has initiated swift actions, namely, preparation of Local Body Electoral Rolls, identifi cation of Polling Stations, revision of certain Booklets, training to offi cials for conducting elections and development of software for randomisation of polling offi cial.

4. In the meantime, due to sudden outbreak of pandemic disease, namely, COVID-19, high alert / lock down was declared by the Central Government and the State Government and an order under section 144 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) was issued. Consequent on the said measures, only limited employees of the Government were permitted to work in the offi ces. Further, the machinery of the Government were engaged in taking preventive, protective, relief and welfare measures on a war footing, to mitigate the suffering of the people due to the outbreak of COVID-19. Certain restrictions are still in force and extended upto the 31st December 2020. Hence, the notifi cation of delimitation of territorial wards of three tier panchayats in the said nine newly reconstituted districts and the preparatory works could not be completed as per the planned schedule of activities.

5. Further, after notifi cation of the delimitation of territorial wards of Village Panchayats, Panchayat Unions and District Panchayats, the reservation of seats for Scheduled Castes, Scheduled Tribes and Women in the territorial wards of all the three tiers of panchayats will have to be notifi ed. Thereafter, the reservation of offi ce for Scheduled Castes, Scheduled Tribes and Women in all the three tier of Panchayats have also to be notifi ed by the Government. Only thereafter, the Tamil Nadu State Election Commission could be enabled to notify the schedule for the conduct of ordinary elections to the Rural Local Bodies in the nine newly reconstituted districts, as ordered by the Hon'ble Supreme Court after ensuring conducive atmosphere for the consideration of the health and safety of the people / voters / candidates / election machineries and the security personnel for effective participation in the electoral process without any risk. In view of the above, additional time is required for the Tamil Nadu State Election Commission to complete the preparatory works for the conduct of elections to the Rural Local Bodies. To that effect, the Hon'ble Supreme Court in its order dated the 4th December 2020 has allowed the Interlocutory Application No.114726 / 2020 seeking extension of six months time to comply with the Court's Order dated 11.12.2019 passed in Writ Petition (C) No.1443/2019.

6. In the circumstances stated above, as the term of offi ce of the Special Offi cers of Village Panchayats, Panchayat Unions and District Panchayats in the districts of Kancheepuram, Chengalpattu, Vellore, Tirupathur, Ranipet, Villupuram, Kallakurichi, Tirunelveli and Tenkasi was due to expire on the 31st December 2020, the Government decided to amend section 261-A of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) so as to extend the term of offi ce of the said Special Offi cers for a further period of six months upto the 30th June 2021 or until the fi rst meeting of the council is held after the ordinary elections to the Village Panchayats, Panchayat Unions and District Panchayats, whichever is earlier.

7. Accordingly, the Tamil Nadu Panchayats (Fourth Amendment) Ordinance, 2020 (Tamil Nadu Ordinance 12 of 2020) was promulgated by the Governor on the 29th December 2020 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 30th December 2020.

8. The Bill seeks to replace the said Ordinance.

S.P. VELUMANI,

Minister for Municipal Administration,

Rural Development and Implementation

of Special Programme.

Chennai-600 009, 4th February 2021.

K. SRINIVASAN, Secretary.

PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU