ACTS - No. 24 of 2021 to 30 of 2021

©

GOVERNMENT OF TAMIL NADU

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

[R. Dis. No. 197/2009.

[Price: Rs. 8.80 Paise.

No. 465] CHENNAI, MONDAY, OCTOBER 4, 2021 Purattasi 18, Pilava, Thiruvalluvar Aandu–2052

Part IV—Section 2

Tamil Nadu Acts and Ordinances

CONTENTS

Pages.

ACTS:

No. 24 of 2021—The Tamil Nadu Repealing Act, 2021.

124-128 No. 25 of 2021—The Tamil Nadu Shops and Establishments (Amendment) Act,

2021. .. .. .. ..

129-130 No. 26 of 2021—The Tamil Nadu Shops and Establishments (Amendment) 131-132 Amendment Act, 2021.

No. 27 of 2021— The Tamil Nadu Goods and Services Tax (Second Amendment) 133-136 Act, 2021.

No. 28 of 2021—The Tamil Nadu Repealing (Second) Act, 2021. 137-140 No. 29 of 2021—The Tamil Nadu Hindu Religious and Charitable Endowments 141-142 (Amendment) Act, 2021.

No. 30 of 2021—The Tamil Nadu Hindu Religious and Charitable Endowments

143 (Second Amendment) Act, 2021.

Ex-IV-2—465--1

[123]124 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY The following Act of the Tamil Nadu Legislative Assembly received the assent of

the Governor on the 4th October 2021 and is hereby published for general

information:—

ACT No. 24 OF 2021.

An Act to repeal certain enactments.

WHEREAS it is expedient that the enactments specifi ed in the Schedule which are spent or have otherwise become obsolete, or have ceased to be in force otherwise than by expressed specifi c repeal, should be expressly and specifi cally repealed;

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. 1. This Act may be called the Tamil Nadu Repealing Act, 2021.

2. The enactments specifi ed in the Schedule are hereby repealed.

Repeal of certain enactments.

Savings. 3. The repeal by this Act of any enactment shall not affect any other enactment

in which the repealed enactment has been applied, incorporated or referred to;

and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;

nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, offi ce or appointment, notwithstanding that the same respectively may have been in any manner affi rmed or recognised or derived by, in or from any enactment hereby repealed;

nor shall the repeal by this Act of any enactment revive or restore any jurisdiction, offi ce, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force.

T(cid:3472)(cid:3469) S(cid:3467)(cid:3472)(cid:3469)(cid:3468)(cid:3485)(cid:3476)(cid:3469).

REPEALS.

(See section 2)

Year Number

Short Title

Sl. No.

(1) (2) (3)

(4)

President's Act

1. 1976 2 The Tamil Nadu Additional Sales Tax (Amendment) Act, 1976.

Central Act

2. 1858 I The Tamil Nadu Compulsory Labour Act, 1858.

Tamil Nadu Acts

3. 1866 II The Tamil Nadu Cattle Disease Act, 1866.

4. 1953 XIX The Tamil Nadu Co-operative Societies (Amendment) Act, 1953.

5. 1954 XXVII The Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Act, 1954.

6. 1958 XX The Tamil Nadu Weights and Measures (Enforcement) Act, 1958.

Year Number

Short Title

Sl. No.

(1) (2) (3)

(4)

7. 1959 14 The Tamil Nadu Buildings (Lease and Rent Control) Amendment Act, 1959.

8. 1959 32 The Tamil Nadu Slum Improvement (Acquisition of Land) Amendment Act, 1959.

9. 1960 3 The Tamil Nadu Buildings (Lease and Rent Control) Amendment Act, 1960.

10. 1960 8 The Courtallam Township (Validation of Taxes and Library Cess) Act, 1960.

11. 1961 19 The Tamil Nadu Wakf (Supplementary) Act, 1961.

12. 1961 37 The Chennai City Police (Amendment) Act, 1961.

13. 1962 6 The Tamil Nadu Betting Tax (Amendment) Act, 1962.

14. 1963 7 The Tamil Nadu Commercial Crops Markets (Validation of Cess) Act, 1963.

15. 1963 18 The Tamil Nadu District Police (Amendment) Act, 1963.

16. 1964 19 The Tamil Nadu Compulsory Labour (Amendment) Act, 1964.

17. 1964 23 The Tamil Nadu Maternity Benefi t (Repeal) Act, 1964.

18. 1964 37 The Tamil Nadu General Sales Tax (Special Provisions) Act, 1964.

19. 1965 7 The Tamil Nadu General Sales Tax (Amendment) Act, 1965.

20. 1965 20 The Tamil Nadu Buildings (Lease and Rent Control) Amendment Act, 1965.

21. 1965 21 The Tamil Nadu Agricultural Produce Markets (Amendment) Act, 1965.

22. 1965 27 The Tamil Nadu Sales of Motor Spirit Taxation (Amendment) Act, 1965.

23. 1965 28 The Tamil Nadu Sales of Motor Spirit Taxation (Second Amendment) Act, 1965.

24. 1965 30 The Tamil Nadu General Sales Tax (Second Amendment) Act, 1965.

25. 1965 36 Glanders and Farcy (Tamil Nadu Amendment) Act, 1965.

26. 1966 3 The Tamil Nadu General Sales Tax (Amendment) Act, 1966.

27. 1966 8 The Tamil Nadu Co-operative Societies (Amendment) Act, 1966.

28. 1966 18 The Tamil Nadu General Sales Tax (Second Amendment) Act, 1966.

29. 1967 5 The Tamil Nadu General Sales Tax (Amendment) Act, 1967.

30. 1967 11 The Tamil Nadu General Sales Tax (Second Amendment) Act, 1967.

31. 1967 18 The Tamil Nadu Sales of Motor Spirit Taxation (Amendment) Act, 1967.

32. 1967 19 The Tamil Nadu General Sales Tax (Third Amendment) Act, 1967.

33. 1968 2 The Tamil Nadu General Sales Tax (Amendment) Act, 1968.

34. 1968 7 The Tamil Nadu General Sales Tax (Second Amendment) Act, 1968.

35. 1968 12 The Tamil Nadu General Sales Tax (Third Amendment) Act, 1968.

36. 1968 17 The Tamil Nadu Co-operative Land Mortgage Banks (Amendment) Act, 1968.

37. 1969 2 The Tamil Nadu General Sales Tax (Amendment) Act, 1969.

38. 1969 3 The Tamil Nadu General Sales Tax (Second Amendment) Act, 1969.

39. 1969 14 The Tamil Nadu Co-operative Land Mortgage Banks (Amendment) Act, 1969.

40. 1969 20 The Tamil Nadu General Sales Tax (Third Amendment) Act, 1969.

41. 1970 2 The Tamil Nadu General Sales Tax (Amendment) Act, 1970.

Year Number

Short Title

Sl. No.

(1) (2) (3)

(4)

42. 1970 3 The Tamil Nadu Sales of Motor Spirit Taxation (Amendment) Act, 1970.

43. 1970 4 The Tamil Nadu Co-operative Land Development Banks (Amendment) Act, 1970.

44. 1970 12 The Tamil Nadu Sales of Motor Spirit Taxation (Second Amendment) Act, 1970.

45. 1970 13 The Tamil Nadu General Sales Tax (Second Amendment) Act, 1970.

46. 1970 19 The Tamil Nadu Agricultural Produce Markets (Second Amendment) Act, 1970.

47. 1970 20 The Tamil Nadu Buildings (Lease and Rent Control) Amendment Act, 1970.

48. 1970 23 The Tamil Nadu Payment of Salaries (Amendment) Act, 1970.

49. 1970 26 The Tamil Nadu General Sales Tax (Third Amendment) Act, 1970.

50. 1970 27 The Tamil Nadu General Sales Tax (Fourth Amendment) Act, 1970.

51. 1971 7 The Tamil Nadu General Sales Tax (Amendment) Act, 1971.

52. 1971 13 The Tamil Nadu General Sales Tax (Second Amendment) Act, 1971.

53. 1971 25 The Tamil Nadu General Sales Tax (Third Amendment) Act, 1971.

54. 1971 35 The Tamil Nadu General Sales Tax (Fourth Amendment) Act, 1971.

55. 1971 44 The Tamil Nadu Betting and Entertainments Tax (Amendment) Act, 1971.

56. 1971 45 The Tamil Nadu Payment of Salaries (Amendment) Act, 1971.

57. 1971 46 The Tamil Nadu Legislature (Prevention of Disqualifi cation) Amendment Act, 1971.

58. 1971 47 The Tamil Nadu Entertainments Tax (Amendment) Act, 1971.

59. 1972 8 The Tamil Nadu Sales of Motor Spirit Taxation (Amendment) Act, 1972.

60. 1972 9 The Tamil Nadu Betting Tax (Amendment) Act, 1972.

61. 1972 11 The Tamil Nadu General Sales Tax (Amendment) Act, 1972.

62. 1972 19 The Public Wakfs (Extension of Limitation) Tamil Nadu Amendment Act, 1972.

63. 1972 31 The Tamil Nadu General Sales Tax (Second Amendment) Act, 1972.

64. 1973 3 The Tamil Nadu Betting Tax (Second Amendment) Act, 1972.

65. 1973 9 The Tamil Nadu Co-operative Societies (Amendment) Act, 1973.

66. 1973 16 The Tamil Nadu General Sales Tax (Amendment) Act, 1973.

67. 1973 21 The Public Wakfs (Extension of Limitation) Tamil Nadu Amendment Act, 1973.

68. 1973 26 The Tamil Nadu Sales of Motor Spirit Taxation and Entertainments Tax (Amendment) Act, 1973.

69. 1973 28 The Tamil Nadu Payment of Salaries (Amendment) Act, 1973.

70. 1973 39 The Tamil Nadu General Sales Tax (Second Amendment) Act, 1973.

71. 1973 40 The Tamil Nadu Payment of Salaries (Second Amendment) Act, 1973.

72. 1974 1 The Tamil Nadu Entertainments Tax (Amendment) Act, 1973.

73. 1974 23 The Tamil Nadu General Sales Tax (Amendment) Act, 1974.

74. 1974 24 The Tamil Nadu Additional Sales Tax (Amendment) Act, 1974.

75. 1974 35 The Tamil Nadu Sales of Motor Spirit Taxation (Amendment) Act, 1974.

76. 1974 36 The Tamil Nadu General Sales Tax (Second Amendment) Act, 1974.

Year Number

Short Title

Sl. No.

(1) (2) (3)

(4)

77. 1974 37 The Tamil Nadu General Sales Tax (Third Amendment) Act, 1974.

78. 1974 43 The Tamil Nadu Payment of Salaries (Amendment) Act, 1974.

79. 1975 45 The Tamil Nadu Additional Sales Tax and Sales Tax (Surcharge) Amendment Act, 1975.

80. 1981 7 The Tamil Nadu Sales Tax Laws (Amendment and Repeal) Act, 1981.

81. 1986 35 The Tamil Nadu Additional Sales Tax (Amendment) Act, 1986.

82. 1989 21 The Tamil Nadu Additional Sales Tax (Amendment) Act, 1989.

83. 1993 23 The Tamil Nadu Additional Sales Tax (Amendment) Act, 1993.

84. 1996 31 The Tamil Nadu Additional Sales Tax (Amendment) Act, 1996.

85. 1998 23 The Tamil Nadu Additional Sales Tax (Amendment) Act, 1998.

86. 1999 37 The Tamil Nadu Additional Sales Tax (Amendment) Act, 1999.

87. 2001 13 The Tamil Nadu Additional Sales Tax (Amendment) Act, 2001.

88. 2002 23 The Tamil Nadu Additional Sales Tax (Amendment) Act, 2002.

89. 2005 14 The Tamil Nadu Additional Sales Tax (Amendment) Act, 2005.

(By order of the Governor)

C. GOPI RAVIKUMAR, Secretary to Government (Legislation),

Law Department.

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

the Governor on the 4th October 2021 and is hereby published for general

information:—

ACT No. 25 OF 2021.

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

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:--

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

(Amendment) Act, 2021.

Short title and commence- ment.

(2) It shall come into force at once.

Insertion of Tamil Nadu

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

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

of 1947.

new section 22-A.

"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.".

(By order of the Governor)

C. GOPI RAVIKUMAR, Secretary to Government (Legislation),

Law Department.

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

of the Governor on the 4th October 2021 and is hereby published for

general information:—

ACT No. 26 OF 2021.

An Act to amend the Tamil Nadu Shops and Establishments

(Amendment) Act, 2018.

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:--

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

(Amendment) Amendment Act, 2021.

Substitution of 2. For section 3 of the Tamil Nadu Shops and Establishments (Amendment) Act,

section 3.

Tamil Nadu Act 27 of 2018. 2018 (hereinafter referred to as the Amendment Act), the following section shall be

substituted, namely:--

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

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

Tamil Nadu Act 27 of 2018.

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:

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 Tamil Nadu Act 27 of 2018.

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.".

Substitution of

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

section 3. 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." .

(By order of the Governor)

C. GOPI RAVIKUMAR, Secretary to Government (Legislation),

Law Department.

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

of the Governor on the 4th October 2021 and is hereby published for

general information:—

ACT No. 27 OF 2021.

An Act further to amend the Tamil Nadu Goods and Services Tax

Act, 2017.

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:—

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

(Second Amendment) Act, 2021.

Short title and commence- ment.

(2) (i) Sections 2, 6 and 15 shall be deemed to have come into force

on the 1st day of July 2017;

(ii) Sections 4 and 5 shall be deemed to have come into force on

the 1st day of August 2021; and

(iii) All other sections of this Act shall come into force on such date

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

Amendment of Tamil Nadu Act 19 of 2017.

section 7.

2. In the Tamil Nadu Goods and Services Tax Act, 2017 (hereinafter referred to as the principal Act), in section 7, in sub-section (1), after clause (a), the following clause and Explanation shall be inserted, namely:—

"(aa) the activities or transactions, by a person, other than an individual, to its members or constituents or vice-versa, for cash, deferred payment or other valuable consideration.

Explanation.— For the purposes of this clause, it is hereby clarifi ed that, notwithstanding anything contained in any other law for the time being in force or any judgment, decree or order of any Court, tribunal or authority, the person and its members or constituents shall be deemed to be two separate persons and the supply of activities or transactions inter se shall be deemed to take place from one such person to another;".

3. In section 16 of the principal Act, in sub-section (2), after clause (a), the

following clause shall be inserted, namely:—

Amendment of section 16.

"(aa) the details of the invoice or debit note referred to in clause (a) has been furnished by the supplier in the statement of outward supplies and such details have been communicated to the recipient of such invoice or debit note in the manner specifi ed under section 37;".

4. In section 35 of the principal Act, sub-section (5) shall be omitted. Amendment of

section 35.

5. For section 44 of the principal Act, the following section shall be substituted,

namely:—

Substitution of section 44.

"44. Annual return.— Every registered person, other than an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person shall furnish an annual return which may include a self-certifi ed reconciliation statement, reconciling the value of supplies declared in the return furnished for the fi nancial year, with the audited annual fi nancial statement for every fi nancial year electronically, within such time and in such form and in such manner as may be prescribed:

Provided that the Commissioner may, on the recommendations of the Council, by notifi cation, exempt any class of registered persons from fi ling annual return under this section:

Provided further that nothing contained in this section shall apply to any department of the Central Government or a State Government or a local authority, whose books of account are subject to audit by the Comptroller and Auditor-General of India or an auditor appointed for auditing the accounts of local authorities under any law for the time being in force.".

6. In section 50 of the principal Act, in sub-section (1), for the proviso, the

Amendment of section 50. following proviso shall be substituted, namely:—

"Provided that the interest on tax payable in respect of supplies made during a tax period and declared in the return for the said period furnished after the due date in accordance with the provisions of section 39, except where such return is furnished after commencement of any proceedings under section 73 or section 74 in respect of the said period, shall be payable on that portion of the tax which is paid by debiting the electronic cash ledger.".

Amendment of section 74.

7. In section 74 of the principal Act, in Explanation 1, in clause (ii), for the words and fi gures "sections 122, 125, 129 and 130", the words and fi gures "sections 122 and 125" shall be substituted.

8. In section 75 of the principal Act, in sub-section (12), the following

Amendment of section 75. Explanation shall be inserted, namely:—

"Explanation.— For the purposes of this sub-section, the expression "self-assessed tax" shall include the tax payable in respect of details of outward supplies furnished under section 37, but not included in the return furnished under section 39.".

9. In section 83 of the principal Act, for sub-section (1), the following sub-

Amendment of section 83.

section shall be substituted, namely:—

"(1) Where, after the initiation of any proceeding under Chapter XII, Chapter XIV or Chapter XV, the Commissioner is of the opinion that for the purpose of protecting the interest of the Government revenue it is necessary so to do, he may, by order in writing, attach provisionally, any property, including bank account, belonging to the taxable person or any person specifi ed in sub-section (1A) of section 122, in such manner as may be prescribed.".

10. In section 107 of the principal Act, to sub-section (6), the following proviso

Amendment of section 107. shall be added, namely:—

"Provided that no appeal shall be fi led against an order under sub-section (3) of section 129, unless a sum equal to twenty-fi ve per cent. of the penalty has been paid by the appellant.".

11. In section 129 of the principal Act,—

Amendment of section 129.

(i) in sub-section (1), for clauses (a) and (b), the following clauses shall

be substituted, namely:—

"(a) on payment of penalty equal to two hundred per cent. of the tax payable on such goods and, in case of exempted goods, on payment of an amount equal to two per cent. of the value of goods or twenty-fi ve thousand rupees, whichever is less, where the owner of the goods comes forward for payment of such penalty;

(b) on payment of penalty equal to fi fty per cent. of the value of the goods or two hundred per cent. of the tax payable on such goods, whichever is higher, and in case of exempted goods, on payment of an amount equal to fi ve per cent. of the value of goods or twenty-fi ve thousand rupees, whichever is less, where the owner of the goods does not come forward for payment of such penalty;";

(ii) sub-section (2) shall be omitted;

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

namely:—

"(3) The proper offi cer detaining or seizing goods or conveyance shall issue a notice within seven days of such detention or seizure, specifying the penalty payable, and thereafter, pass an order within a period of seven days from the date of service of such notice, for payment of penalty under clause (a) or clause (b) of sub-section (1).";

(iv) in sub-section (4), for the words "No tax, interest or penalty",

the words "No penalty" shall be substituted;

(v) for sub-section (6), the following sub-section shall be substituted,

namely:—

"(6) Where the person transporting any goods or the owner of such goods fails to pay the amount of penalty under sub-section (1) within fi fteen days from the date of receipt of the copy of the order passed under sub-section (3), the goods or conveyance so detained or seized shall be liable to be sold or disposed of otherwise, in such manner and within such time as may be prescribed, to recover the penalty payable under sub-section (3):

Provided that the conveyance shall be released on payment by the transporter of penalty under sub-section (3) or one lakh rupees, whichever is less:

Provided further that where the detained or seized goods are perishable or hazardous in nature or are likely to depreciate in value with passage of time, the said period of fi fteen days may be reduced by the proper offi cer.".

12. In section 130 of the principal Act,—

Amendment of section 130.

(i) in sub-section (1), for the words "Notwithstanding anything contained

in this Act, if", the word "Where" shall be substituted;

(ii) in sub-section (2), in the second proviso, for the expression "amount of penalty leviable under sub-section (1) of section 129", the words "penalty equal to hundred per cent. of the tax payable on such goods" shall be substituted;

(iii) sub-section (3) shall be omitted.

13. For section 151 of the principal Act, the following section shall be

substituted, namely:—

Substitution of section 151.

"151. Power to call for information.— The Commissioner or an offi cer authorised by him may, by an order, direct any person to furnish information relating to any matter dealt with in connection with this Act, within such time, in such form, and in such manner, as may be specifi ed therein.".

14. In section 152 of the principal Act,—

Amendment of section 152.

(i) in sub-section (1),—

(a) the words "of any individual return or part thereof" shall be

omitted;

(b) after the words "any proceedings under this Act", the words "without giving an opportunity of being heard to the person concerned" shall be inserted;

(ii) sub-section (2) shall be omitted.

15. In Schedule II of the principal Act, paragraph 7 shall be omitted. Amendment of

Schedule II.

(By order of the Governor)

C. GOPI RAVIKUMAR, Secretary to Government (Legislation),

Law Department.

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

of the Governor on the 4th October 2021 and is hereby published for

general information:—

ACT No. 28 OF 2021.

An Act to repeal certain enactments.

WHEREAS it is expedient that the enactments specifi ed in the Schedule

which are spent or have otherwise become obsolete, or have ceased to be in force

otherwise than by expressed specifi c repeal, should be expressly and specifi cally

repealed;

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:—

1. This Act may be called the Tamil Nadu Repealing (Second) Act, 2021. Short title.

2. The enactments specifi ed in the Schedule are hereby repealed. Repeal of

certain

enactments.

3. The repeal by this Act of any enactment shall not affect any other enactment Savings.

in which the repealed enactment has been applied, incorporated or referred to;

and this Act shall not affect the validity, invalidity, effect or consequences of

anything already done or suffered, or any right, title, obligation or liability already

acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or

any release or discharge of or from any debt, penalty, obligation, liability, claim or

demand, or any indemnity already granted, or the proof of any past act or thing;

nor shall this Act affect any principle or rule of law, or established jurisdiction,

form or course of pleading, practice or procedure, or existing usage, custom,

privilege, restriction, exemption, offi ce or appointment, notwithstanding that the

same respectively may have been in any manner affi rmed or recognised or derived

by, in or from any enactment hereby repealed;

nor shall the repeal by this Act of any enactment revive or restore any jurisdiction,

offi ce, custom, liability, right, title, privilege, restriction, exemption, usage, practice,

procedure or other matter or thing not now existing or in force.

THE SCHEDULE.

REPEALS.

(See section 2)

S.No. Year Number

Short Title

(1) (2) (3)

(4)

President's Act

1. 1976 32 The Tamil Nadu Panchayats (Extension of Term of Offi ce) Act, 1976.

2. 1976 33 The Tamil Nadu Panchayat Union Councils (Extension of Term of Offi ce) Act, 1976.

3. 1977 5 The Tamil Nadu Panchayat Union Councils (Appointment of Special Offi cers)

Act, 1977.

S.No. Year Number

Short Title

(1) (2) (3)

(4)

Tamil Nadu Acts

4. 1876 I The Tamil Nadu Land Revenue Assessment Act, 1876.

5. 1886 IV The Railway Protection Act, 1886.

6. 1888 I The Tamil Nadu Local Authorities' Loan Act, 1888.

7. 1904 II The Tamil Nadu Impartible Estates Act, 1904.

8. 1914 VIII The Tamil Nadu Decentralization Act, 1914.

9. 1930 IX The Sevvalpatti Impartible Estate Act, 1930.

10. 1931 VI The East and West Tanjore Sessions Divisions (Validation) Act, 1931.

11. 1933 IX The Velliyakundam Impartible Estate Act, 1933.

12. 1935 VII The Tamil Nadu Debtors' Protection Act, 1934.

13. 1936 XI The Tamil Nadu Debt Conciliation Act, 1936.

14. 1937 III The Tamil Nadu Probation of Offenders Act, 1936.

15. 1938 XIV The Prisons and Indian Lunacy (Tamil Nadu Amendment) Act, 1938.

16. 1947 XXIX The Tamil Nadu Probation of Offenders (Amendment) Act, 1947.

17. 1947 XXXIV The Opium and Dangerous Drugs (Tamil Nadu Amendment) Act, 1947.

18. 1948 V The Tamil Nadu Lapsed Acts (Removal of Doubts) Act, 1948.

19. 1948 VII The Tamil Nadu Re-enacting and Repealing (No.I) Act, 1948.

20. 1948 VIII The Tamil Nadu Re-enacting (No.II) Act, 1948.

21. 1948 IX The Tamil Nadu Re-enacting (No.III) Act, 1948.

22. 1949 X The Tamil Nadu Re-enacting Act, 1949.

23. 1949 XXI The Prisoners (Tamil Nadu Amendment) Act, 1949.

24. 1949 XXIV The Tamil Nadu Tenants and Ryots Protection Act, 1949.

25. 1949 XXXV The Tamil Nadu Merged States (Laws) Act, 1949

26. 1950 III The Tamil Nadu Re-enacting Act, 1950.

27. 1951 XXXII The Opium (Tamil Nadu Amendment) Act, 1951.

28. 1953 VII The Evacuee Interest (Separation) Tamil Nadu Supplementary Act, 1953.

29. 1953 XI The Tamil Nadu Lignite (Acquisition of Land) Act, 1953.

30. 1957 XXI The Tamil Nadu Registration of Veterinary Practitioners Act, 1957.

31. 1958 VIII The Tamil Nadu Prohibition (Amendment) Act, 1958.

32. 1959 6 The Tamil Nadu Gramdan Villages (Repayment of Debts) Act, 1959.

S.No. Year Number

Short Title

(1) (2) (3)

(4)

33. 1959 8 The Tamil Nadu Public Health (Amendment) Act, 1959.

34. 1961 3 The Evacuee Interest (Separation) Tamil Nadu Supplementary Act, 1961.

35. 1961 9 The Tamil Nadu (Added Territory) Extension of Laws Act, 1961.

36. 1961 11 The Tamil Nadu Agricultural Income-tax (Extension to Added Territory) Act, 1961.

37. 1961 20 The Tamil Nadu Entertainments Tax (Amendment) Act, 1961.

38. 1961 28 The Tamil Nadu District Development Councils and Panchayats (Extension to

Added Territory) Act, 1961.

39. 1961 52 The Tamil Nadu Local Authorities Finance Act, 1961.

40. 1962 16 The Tamil Nadu Industrial Establishments (National and Festival Holidays)

Amendment Act, 1962.

41. 1966 23 The Tamil Nadu Private Educational Institutions (Regulation) Act, 1966.

42. 1967 4 The Tamil Nadu Prohibition (Amendment) Act, 1967.

43. 1968 16 The Tamil Nadu Cultivating Tenants (Special Provisions) Act, 1968.

44. 1968 20 The Tamil Nadu Proprietary Estates' Village Service and Tamil Nadu Hereditary

Village Offi ces (Repeal) Act, 1968.

45. 1970 16 The Tamil Nadu Entertainments Tax and Local Authorities Finance (Amendment)

Act, 1970.

46. 1970 33 The Tamil Nadu Prohibition (Amendment) Act, 1970.

47. 1971 36 The Tamil Nadu Registration of Practitioners of Integrated Medicine (Amendment)

Act, 1971.

48. 1972 18 The Tamil Nadu (Transferred Territory) Extension of Laws Act, 1972.

49. 1972 21 The Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Act, 1972.

50. 1972 26 The Tamil Nadu Excise (Amendment) Act, 1972.

51. 1973 29 The Tamil Nadu Local Authorities Finance (Amendment) Act, 1973.

52. 1973 37 The Tamil Nadu Prohibition (Suspension of Operation) Amendment Act, 1973.

53. 1973 38 The Tamil Nadu Excise (Amendment) Act, 1973.

54. 1973 42 The Tamil Nadu Local Authorities Finance (Second Amendment) Act, 1973.

55. 1974 34 The Tamil Nadu Prohibition (Revival of Operation and Amendment) Act, 1974.

56. 1974 38 The Tamil Nadu Entertainments Tax and Local Authorities Finance (Amendment)

Act, 1974.

57. 1975 32 The Tamil Nadu Entertainments Tax and Local Authorities Finance (Amendment)

Act, 1975.

58. 1975 34 The Tamil Nadu Panchayats and Panchayat Union Councils (Extension of Term of

Offi ce) Act, 1975.

S.No. Year Number

Short Title

(1) (2) (3)

(4)

59. 1978 5 The Tamil Nadu Entertainments Tax and Local Authorities Finance (Amendment)

Act, 1978.

60. 1979 51 The Tamil Nadu Entertainments Tax and Local Authorities Finance (Amendment)

Act, 1979.

61. 1979 60 The Tamil Nadu Panchayats (Appointment of Special Offi cers) Act, 1979.

62. 1980 15 The Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Act, 1980.

63. 1980 16 The Tamil Nadu Cyclone and Flood Affected Areas Cultivating Tenants Arrears of

Rent (Relief) Act, 1980.

64. 1981 3 The Tamil Nadu Abolition of posts of part-time Village Offi cers Act, 1981.

65. 1982 27 The Tamil Nadu Panchayats (Validation of Local Cess Surcharge) Act, 1982.

66. 1983 26 The Tamil Nadu Cultivating Tenants (Protection from Eviction) Act, 1983.

67. 1984 25 The Tamil Nadu Entertainments Tax and Local Authorities Finance (Amendment)

Act, 1984.

68. 1984 29 The Tamil Nadu Cultivating Tenants (Special Provisions) Act, 1984.

69. 1984 32 The Tamil Nadu Flood Affected Areas Cultivating Tenants (Temporary Relief) Act,

1984.

70. 1986 53 The Tamil Nadu Flood Affected Areas Cultivating Tenants (Temporary Relief) Act,

1986.

71. 1986 60 The Tamil Nadu Cyclone and Flood Affected Areas Cultivating Tenants (Special

Provisions) Act, 1986.

72. 1989 40 The Tamil Nadu Entertainments Tax and Local Authorities Finance (Amendment)

Act, 1989.

73. 1989 41 The Tamil Nadu Cultivating Tenants (Protection from Eviction) Act, 1989.

74. 1990 38 The Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Act, 1990.

75. 1993 35 The Tamil Nadu Registration of Veterinary Practitioners (Amendment) Act, 1993.

76. 1997 20 The Tamil Nadu Cultivating Tenants (Protection from Eviction) Act, 1997.

(By order of the Governor)

C. GOPI RAVIKUMAR, Secretary to Government (Legislation),

Law Department.

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

of the Governor on the 4th October 2021 and is hereby published for

general information:—

ACT No. 29 OF 2021.

An Act further to amend the Tamil Nadu Hindu Religious and Charitable

Endowments Act, 1959.

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 Hindu Religious and Short title and Charitable Endowments (Amendment) Act, 2021.

commence-

ment.

(2) It shall come into force at once

Amendment of Tamil Nadu Act

2. In section 79-B of the Tamil Nadu Hindu Religious and Charitable

section 79-B 22 of 1959

Endowments Act, 1959, for sub-section (3) and (4), the following sub-section shall

be substituted, namely:--

"(3) The offence punishable under sub-section (2) shall be cognizable and

non-bailable and the provisions of the Code of Criminal Procedure, 1973 (Central

Act 2 of 1974) with respect to cognizable and non-bailable off ences shall apply to

that offence.".

(By order of the Governor)

C. GOPI RAVIKUMAR, Secretary to Government (Legislation),

Law Department.

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

of the Governor on the 4th October 2021 and is hereby published for

general information:—

ACT No. 30 OF 2021.

An Act further to amend the Tamil Nadu Hindu Religious and Charitable

Endowments Act, 1959

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 Hindu Religious and Charitable Short title and Endowments (Second Amendment) Act, 2021.

commence-

ment.

(2) It shall come into force at once.

Tamil Nadu Act

2. In section 7-A of the Tamil Nadu Hindu Religious and Charitable Amendment of 22 of 1959. Endowments Act, 1959,-

section 7-A.

(1) in sub-section (2), for the expression "three years", the expression

"two years" shall be substituted;

(2) after sub-section (2), the following sub- section shall be inserted,

namely :--

"(2-A) Every person holding the offi ce of member of the District Committee on the date of commencement of the Tamil Nadu Hindu Religious and Charitable Endowments (Second Amendment) Act, 2021, who has completed a term of two years on that date shall cease to hold offi ce forthwith and who completes a term of offi ce of two years after that date shall cease to hold offi ce on such completion.".

(By order of the Governor)

C. GOPI RAVIKUMAR, Secretary to Government (Legislation),

Law Department.

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