TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 399]

CHENNAI, MONDAY, SEPTEMBER 6, 2021

Aavani 21, Pilava, Thiruvalluvar Aandu-2052

Part IV—Section 1

Tamil Nadu Bills

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

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2021

[Price: Rs. 4.80 Paise.

[161]

Ex-IV-1-399—E

Pages.

BILLS:

No. 28 of 2021--The Tamil Nadu Labour Welfare Fund (Amendment) Act, 2021.

162-166

No. 29 of 2021--The Tamil Nadu Shops and Establishments (Amendment) Act,

2021. ..

167-168

No. 30 of 2021--The Tamil Nadu Shops and Establishments (Amendment)

Amendment Act, 2021.

169-171

162

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 6th September, 2021 is published together with Statement

of Objects and Reasons for general information:—

L.A. Bill No. 28 of 2021

A Bill further to amend the Tamil Nadu Labour Welfare

Fund Act, 1972.

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

Seventy-second Year of the Republic of India as follows:-

(1) This Act may be called the Tamil Nadu Labour Welfare Fund

(Amendment) Act, 2021.

(2) It shall come into force on such date as the State Government may, by

notiﬁ cation, appoint.

In section 15 of the Tamil Nadu Labour Welfare Fund Act, 1972, for

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

“(1) Every employee shall contribute a sum not exceeding ﬁ fty rupees, per

year, as may be prescribed, from time to time, to the Fund and every employer shall,

in respect of each such employee, contribute a sum not exceeding hundred rupees,

per year, as may be prescribed, from time to time, to the Fund and the Government

shall, in respect of each such employee, contribute a sum not exceeding ﬁ fty rupees,

per year, as may be prescribed, from time to time, to the Fund.”.

Tamil Nadu

Act 36 of

1972.

Short title and

commence-

ment.

Amendment

of section 15

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

163

STATEMENT OF OBJECTS AND REASONS.

Under sub-section (1) of Section 15 of the Tamil Nadu Labour Welfare Fund Act, 1972 (Tamil Nadu Act 36 of

1972), as substitutes by Tamil Nadu Act 44 of 1995 provides that every employee shall, contribute a sum not exceeding ten

rupees, per year, as may be prescribed, from time to time, to the Fund and every employer shall, in respect of each such

employee, contribute a sum not exceeding twenty rupees, per year, as may be prescribed, from time to time, to the Fund

and the Government shall, in respect of each such employee, contribute a sum not exceeding ten rupees, per year, as may

be prescribed, from time to time, to the Fund.

2. The amount of contributions to the Tamil Nadu Labour Welfare Fund has been prescribed in rule 11-A of the Tamil Nadu

Labour Welfare Fund Rules, 1973 in the year 2015 itself. Since more than ﬁ ve years have lapsed, it has become necessary to

enhance the upper limit of contributions to the Labour Welfare Fund speciﬁ ed in sub-section (1) of the said Section 15. The Tamil

Nadu Labour Welfare Board in its 77th meeting resolved to enhance the upper limit of contribution to the Labour Welfare Fund as

a sum not exceeding ﬁ fty rupees as employee’s contribution, a sum not exceeding hundred rupees as employer’s,

contribution in respect of each such employee, and a sum not exceeding ﬁ fty rupees as Government contribution and to

request the State Government to amend the said Tamil Nadu Act 36 of 1972 for the purpose.

3. The Government have decided to accept the aforesaid proposal of the Tamil Nadu Labour Welfare Board and to

amend the Tamil Nadu Labour Welfare Fund Act, 1972 (Tamil Nadu Act 36 of 1972) suitably for the purpose.

4. The Bill seeks to give eﬀ ect to the above decision.

C.V. GANESAN,

Minister for Labour Welfare and

Skill Development Department.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 2 of the Bill empowers the Government to make rules for the purpose speciﬁ ed therein.

2. The powers delegated are normal and not of an exceptional character.

C.V. GANESAN,

Minister for Labour Welfare and

Skill Development Department.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

165

FINANCIAL MEMORANDUM

The provisions contained in clause 2 of the Bill provides for enhancement of Labour Welfare

Fund Contribution. The Bill when enacted and brought in to force would involve additional expenditure

from the Consolidated Fund of the State.

The Additional Expenditure to be incurred as a result of the proposed legislation will be approximately

Rs. 3,50,00,000/- (Rupees three crore and ﬁ fty lakhs) per annum recurring.

C.V. GANESAN,

Minister for Labour Welfare

and Skill Development Department.

Chennai-600 009,

K. SRINIVASAN,

6th September 2021.

Secretary.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

167

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 6th September, 2021 is published together with Statement of Objects and

Reasons for general information:—

L.A. Bill No. 29 of 2021

A Bill further to amend the Tamil Nadu Shops and Establishments Act, 1947.

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:-

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

(Amendment) Act, 2021.

(2) It shall come into force at once.

Short title and

commence-

ment.

Tamil Nadu

Act XXXVI

of 1947.

2. After Section 22 of the Tamil Nadu Shops and Establishments Act,

1947, the following section shall be inserted, namely:-

“22-A. Seating facilities.- The premises of every establishment shall have suitable

seating arrangements for all employees so that they may take advantage of any

opportunity to sit which may occur in the course of their work and thereby avoid

‘on their toes’ situation throughout the working hours.”.

Insertion of

new Section

22-A.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS.

Persons employed in shops and establishments in the State are made to stand throughout their duty time resulting

in varied health issues. Considering the plight of the employees who are on their toes throughout their duty time, it is felt

necessary to provide seating facility to all the employees of the shops and establishments.

2. The subject of providing seating facility to the employees was placed in the State Labour Advisory Board Meeting

held on 04.09.2019 and the same was unanimously approved by the members of the Board.

3. The Government have, therefore, decided to amend the Tamil Nadu Shops and Establishments Act, 1947 (Tamil

Nadu Act XXXVI of 1947) suitably for the above said purpose.

4. The Bill seeks to give eﬀ ect to the above decision.

C.V. GANESAN,

Minister for Labour Welfare

and Skill Development.

Chennai-600 009,

K. SRINIVASAN,

6th September 2021.

Secretary.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

169

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 6th September, 2021 is published together with Statement of Objects and

Reasons for general information:—

L.A. Bill No. 30 of 2021

A Bill to amend the Tamil Nadu Shops and Establishments (Amendment)

Act, 2018.

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:-

1. This Act may be called the Tamil Nadu Shops and Establishments

(Amendment) Amendment Act, 2021.

Short title.

Tamil Nadu Act

27 of 2018.

2. For Section 3 of the Tamil Nadu Shops and Establishments (Amendment)

Act, 2018 (hereinafter referred to as the Amendment Act), the following section shall

be substituted, namely:-

Substitution of

Section 3.

Tamil Nadu Act

27 of 2018.

3. Registration of shops and establishments.-(1) On and from the date of

commencement of the Tamil Nadu Shops and Establishments (Amendment) Act,

2018, the employer of every establishment employing ten or more workers shall,

within a period of six months from the date of commencement of his business, apply

for registration and obtain a registration certiﬁ cate.

(2) Every application for registration under sub-section (1) shall be in

such form and in such manner as may be prescribed.

(3) The inspector, on receipt of an application under sub-section

(2), register the establishment and issue a registration certiﬁ cate to the

employer within twenty four hours in such form as may be prescribed. If the

registration certiﬁ cate is not issued within a period of twenty four hours from

the date of receipt of application by the inspector, the registration certiﬁ cate

shall be deemed to have been granted under this Act.

(4) The inspector shall maintain a Register of establishments, in

such form, as may be prescribed.

(5) The registration certiﬁ cate shall be prominently displayed in the

establishment by the employer.

(6) The employer shall give intimation to the inspector, of any

change in any of the particulars furnished in the application form submitted

under sub-section (2), within a period of thirty days of such change. The

inspector shall, on receipt of such intimation, amend the registration

certiﬁ cate or issue a fresh registration certiﬁ cate.

(7) The employer shall, within a period of thirty days of the closure

of the establishment, give intimation of such closure to the inspector and on

receipt of such intimation, he shall cancel the registration certiﬁ cate:

Provided that where the inspector is satisﬁ ed otherwise than on receipt

of such intimation that the establishment has been closed, he shall cancel

such registration certiﬁ cate:

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Provided further that no cancellation shall be made under the ﬁ rst proviso,

unless the employer has been given an opportunity of making representation.

(8) Notwithstanding anything contained in sub-section (1), the

employer of every existing establishment employing ten or more workers on

the date of commencement of the Tamil Nadu Shops and Establishments

(Amendment) Act, 2018 shall furnish the details of the establishment

along with a self declaration in such form as may be prescribed to the

inspector, within a period of one year from the date of commencement of the

Tamil Nadu Shops and Establishments (Amendment) Act, 2018. The inspector

shall after recording the intimation furnished by the employer in the Register of

establishments, issue a registration certiﬁ cate.”.

Tamil Nadu Act

27 of 2018.

Substitution of

section 3.

3. For Section 6 of the Amendment Act, the following section shall be substituted,

namely:-

“6. In Section 45 of the principal Act, for the expression “Sections 7 to 11,

13 to 23, 25, 26, 29 to 41 and 47”, the expression “Sections 3,7 to 11, 13 to 23, 25,

26, 29 to 41, 47, 47-A and 50-A” shall be substituted.” .

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

171

PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU

STATEMENT OF OBJECTS AND REASONS.

The Government of India has suggested Model Shops and Establishment (Regulation of Employment and Conditions

of Service) Bill, 2016, which provides for freedom to operate 365 days in a year; freedom for opening / closing time

of establishment enabling women to attend night shift, if provision of shelter, rest room, adequate protection of their

dignity and transportation etc, exists; non discrimination against women in the matter of recruitment, training, transfer or

promotions; online registration through a simpliﬁ ed procedure; safety and welfare measures for employees etc, and has

requested the State Governments to modify the State Shops and Establishments Act either by adopting the said Model Bill

as it is, or after modifying its provisions as per the requirement of the State. Based on the suggestions of the Government of

India, the Government amended the Tamil Nadu Shops and Establishments Act, 1947 (Tamil Nadu Act XXXVI of 1947) by

the Tamil Nadu Shops and Establishments (Amendment) Act, 2018 (Tamil Nadu Act 27 of 2018). But, the said Amendment

Act has not yet been brought into force.

2. In the meantime, Ministry of Labour and Employment, Government of India has requested all the State Governments to

do away with the provision for renewal of registration in the State Shops and Establishments Act. Further, the guidelines of the

Department of Industrial Policy and Promotion also suggested to dispense with the provisions for renewal of registration in the State

Shops and Establishments Act and also to ensure that the registration certiﬁ cate is issued within a day from the date of application.

The Government have, therefore, decided to amend the Tamil Nadu Shops and Establishments (Amendment) Act, 2018

(Tamil Nadu Act 27 of 2018) for the above said purpose.

3. The Bill seeks to give eﬀ ect to the above decision.

C.V. GANESAN,

Minister for Labour Welfare

and Skill Development.

Chennai-600 009,

K. SRINIVASAN,

6th September 2021.

Secretary.