ACTS - No. 19 of 2022 to No. 22 of 2022

© GOVERNMENT OF TAMIL NADU 2022

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

[R. Dis. No. 197/2009.

[Price: Rs. 7.20 Paise.

No. 241] CHENNAI, MONDAY, APRIL 25, 2022 Chithirai 12, Subakiruthu, Thiruvalluvar Aandu–2053

Part IV—Section 2

Tamil Nadu Acts and Ordinances

CONTENTS

Pages.

ACTS:

No. 19 of 2022—The Tamil Nadu Regulation of Rights and Responsibilities of

Landlords and Tenants (Amendment) Act, 2022 .. .. 102-104 No. 20 of 2022—The Tamil Nadu Slum Areas (Improvement and Clearance)

Amendment Act, 2022 .. .. .. 105-106 No. 21 of 2022—The Tamil Nadu Document Writers' Welfare Fund Act, 2022. .. 107-114 No. 22 of 2022—The Tamil Nadu Non-Resident Tamils' Welfare (Amendment)

Act, 2022.

.. .. .. 115-117 IV-2 Ex. (241)—1

[ 101 ]102 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 22nd April 2022 and is hereby published for general information: —

ACT No. 19 OF 2022.

An Act further to amend the Tamil Nadu Regulation of Rights and

Responsibilities of Landlords and Tenants Act, 2017.

B(cid:3469) it enacted by the Legislative Assembly of the State of Tamil Nadu in

the Seventy-third Year of the Republic of India as follows:—

Short title and

1. (1) This Act may be called the Tamil Nadu Regulation of Rights and

commencement. Responsibilities of Landlords and Tenants (Amendment) Act, 2022.

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

by notifi cation, appoint.

Amendment of

section 2.

Tamil Nadu Act 42 of 2017.

2. In section 2 of the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (hereinafter referred to as 'the principal Act')—

(1) for clause (c), the following clause shall be substituted,

namely:—

"(c) "landlord" whether called landowner or lessor or by any other name, means a person who receives or is entitled to receive, the rent of any premises, on his own account, if the premises were let to a tenant, and shall include—

(i) his successor-in-interest;

(ii) a trustee or guardian or receiver receiving rent for any premises or is entitled to so receive, on account of or on behalf of or for the benefi t of, any other person such as minor or person of unsound mind who cannot enter into a contract;";

(2) in clause (f), the expression "or for educational" shall be

omitted;

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

namely:—

"(mm) "sub-tenant" means a person to whom the tenant sub-lets whole or part of the premises held by him or transfers or assigns his rights accrued under the tenancy agreement or any part thereof upon entering into a supplementary agreement to the existing tenancy agreement;".

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

Substitution of section 7.

substituted, namely:—

"7. Restriction on sub-letting.- (1) After the commencement of this Act, no tenant shall, except by entering into a supplementary agreement to the existing tenancy agreement,—

(a) sub-let whole or part of the premises held by him as a

tenant;

(b) transfer or assign his rights in the tenancy agreement or

any part thereof.

(2) Where the premises is sub-let upon entering into a supplementary agreement to the existing tenancy agreement as referred to in sub-section (1), the landlord and tenant shall jointly inform the Rent Authority about the sub-tenancy within a period of two months from the date of execution of such agreement, in such Form as may be prescribed.".

4. In section 15 of the principal Act, after sub-section (5), the following

sub-section and Explanation shall be added, namely:—

Amendment of section 15.

"(6) Where the premises let out on rent becomes uninhabitable for the tenant due to an event of force majeure or the tenant is unable to reside due to occurrence of such event, the landlord shall not charge rent from the tenant until the said premises is restored by the landlord, subject to the provisions of this section, to be inhabitable:

Provided that where the rented premises becomes uninhabitable as specifi ed in sub-section (5) or this sub-section and the landlord fails to carry out the required repairs to make it inhabitable or the said premises could not be made inhabitable, then, the security deposit and advance rent shall be refunded by the landlord to the tenant within a period of fi fteen days of the expiry of the notice period, after making due deduction of liability of the tenant, if any.

Explanation.— For the purposes of this section, "force majeure" means a situation of war, fl ood, drought, fi re, cyclone, earthquake or any other calamity caused by nature affecting the habitation of the tenant in the premises let out on rent.".

Amendment of section 17.

5. In section 17 of principal Act, in sub-section (1), for the expression "may enter a premises in accordance with written notice given to the tenant", the expression "may enter the premises let out on rent after serving a notice to the tenant, in writing or through electronic mode" shall be substituted.

6. For section 19 of the principal Act, the following section shall be

substituted, namely:—

Substitution of section 19.

"19. Duties of property manager and consequences of violation of duties.— (1) The duties of the property manager shall include the following, namely:—

(a) to collect rent against receipt;

(b) to do essential repairs on behalf of the landlord;

(c) to inspect the premises, from time to time;

(d) to give notices to tenant for––

(i) proper maintenance of the premises;

(ii) delay in payment of rent;

(iii) revision of rent;

(iv) vacation of premises; and

(v) renewal of tenancy;

(e) to help in resolution of disputes among tenants and

between landlord and tenant;

(f) any other matter relating to tenancy to be acted upon only

on the instructions of the landlord.

(2) Where the property manager acts, in contravention of the provisions of sub-section (1) or against the instructions of the landlord, the Rent Authority may, on an application made to it by the landlord or tenant in that behalf, remove the property manager or impose such costs on the property manager so as to compensate any loss incurred by the landlord or tenant due to such contravention.".

7. In section 21 of the principal Act,

Amendment of section 21.

(1) in sub-section (1), for the expression "continuance of tenancy

agreement", the expression "continuance of tenancy" shall be substituted;

(2) in sub-section (2),—

(a) clause (g) shall be omitted;

(b) after clause (h), the following clauses shall be added,

namely:—

"(i) that the tenant does not agree to pay the rent payable under

section 8;

(j) that the tenant has carried out any structural change or erected any permanent structure in the premises let out on rent without the written consent of the landlord.".

8. For section 22 of the principal Act, the following section shall be

Substitution of section 22.

substituted, namely:—

"22. Eviction and recovery of possession of premises in case of death of landlord.— (1) Notwithstanding anything contained in this Act or any other law for the time being in force, in case of death of the landlord, where there is a bonafi de requirement of the premises let out on rent by the legal heirs of the landlord during the period of tenancy, such legal heirs may fi le an application in this behalf for eviction and recovery of possession of the said premises before the Rent Court in such Form and manner, as may be prescribed.

(2) The Rent Court may, on an application made to it under sub-section (1), if it is satisfi ed that the legal heirs of the deceased landlord are in bonafi de requirement of the premises let out on rent, pass necessary orders against the tenant for handing over vacant possession of the said premises to the legal heirs of the deceased landlord.".

9. In section 31 of the principal Act, for the expression "and 20 of the

Amendment of section 31.

Act", the expression "19 or 20 of the Act" 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 22nd April 2022 and is hereby published for general information: —

ACT No. 20 OF 2022.

An Act further to amend the Tamil Nadu Slum Areas (Improvement

and Clearance) Act, 1971.

B(cid:3469) it enacted by the Legislative Assembly of the State of Tamil Nadu

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

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

commencement.

(Improvement and Clearance) Amendment Act, 2022.

(2) It shall be deemed to have come into force on the 1st day of

September 2021.

Amendment of section 2.

Tamil Nadu Act 11 of 1971.

2. In section 2 of the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971 (hereinafter referred to as the principal Act), for clause (a), the following clause shall be substituted, namely:-

"(a) "Board" means the Tamil Nadu Urban Habitat Development

Board established under section 34.".

Substitution of heading of Chapter VIII.

3. In Chapter VIII of the principal Act, for the heading "SLUM CLEARANCE BOARD", the heading "URBAN HABITAT DEVELOPMENT BOARD" shall be substituted.

4. In section 34 of the principal Act,-

Amendment of section 34.

(1) for the marginal heading "Establishment of Slum Clearance Board", the marginal heading "Establishment of Urban Habitat Development Board" shall be substituted;

(2) in sub-section (1), for the expression "Tamil Nadu Slum Clearance Board", the expression "Tamil Nadu Urban Habitat Development Board" shall be substituted.

Substitution of

expression.

5. For the expression "Tamil Nadu Slum Clearance Board" occurring in any Rules or notifi cation made under the principal Act, the expression "Tamil Nadu Urban Habitat Development Board" 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 22nd April 2022 and is hereby published for general information: —

ACT No. 21 OF 2022.

An Act to provide for the constitution of a Welfare Fund for the benefit

of Document Writers in the State.

B(cid:3469) it enacted by the Legislative Assembly of the State of Tamil Nadu in

the Seventy-third year of the Republic of India as follows:—

Short title and 1. (1) This Act may be called the Tamil Nadu Document Writers'

commencement.

Welfare Fund Act, 2022.

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

may, by notifi cation, appoint.

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

(a) "Committee" means the Tamil Nadu Document Writers'

Welfare Fund Committee established under section 4;

(b) "dependant" means any of the following relative of a deceased

member of the fund, namely:—

(i) widow or widower, minor son, un-married daughter or

widowed mother;

(ii) a son who has attained the age of eighteen years or a married daughter, who is wholly dependent on the earnings of the member at the time of his death and is infi rm;

(c) "document writer" means a person who has been granted licence

under the Tamil Nadu Document Writers' Licence Rules, 1982;

(d) "Document Writers Association" means an association of document

writers recognised and registered under section 17;

(e) "fund" means the Tamil Nadu Document Writers' Welfare Fund

constituted under section 3;

(f) "Government" means the State Government;

(g) "member of the fund" means a document writer admitted to the

benefi ts of the fund under the provisions of this Act;

(h) "prescribed" means prescribed by rules made under this Act;

(i) "State" means the State of Tamil Nadu.

Document Writers' 3. (1) The Government shall, by notifi cation, constitute a fund to be

Welfare Fund.

called as the Tamil Nadu Document Writers' Welfare Fund.

(2) The following shall be credited to the fund,—

(a) all sums collected from document writers for

admission as a member of the fund under section 19;

Central Act XVI

of 1908.

(b) all amounts collected at a rate not exceeding fi fty rupees, as may be prescribed, per document presented in any of the offi ce of the Sub-Registrar for registration under the Registration Act, 1908:

Tamil Nadu Act 20

of 2017.

Provided that this clause shall not apply to any document presented for registration on behalf of the Central Government or the State Government or Local Authority as defi ned in clause (11) of section 2 of the Tamil Nadu Local Authorities Entertainments Tax Act, 2017.

Establishment of

Document Writers'

Welfare Fund

4. (1) The Government may, by notifi cation, establish with effect on and from such date as may be specifi ed therein, a Committee to be called as the Tamil Nadu Document Writers' Welfare Fund Committee.

Committee.

(2) The Committee shall be a body corporate, having perpetual succession and a common seal with power to acquire, hold and dispose of property and shall, by that name, sue or be sued.

(3) The Committee shall consist of,—

(a) the Inspector General of Registration, Registration

Department – ex-offi cio Chairman;

(b) the Additional Registrar of Chits – ex-offi cio Secretary;

(c) the Personal Assistant (Chits) – ex-offi cio Treasurer;

(d) the Director, Registration Training Institute – ex-offi cio

member;

(e) the Accounts Offi cer, offi ce of the Inspector General of

Registration – ex-offi cio member;

(f) four members to be nominated from among the Document Writers' Association by such authority and in such manner as may be prescribed.

(4) A member nominated under clause (f) of sub-section (3) shall hold offi ce for a term of three years or until he ceases to be a member of the Document Writers' Association, whichever is earlier.

Disqualifi cation

5. (1) A member nominated under clause (f) of sub-section (3) of

and removal

section 4 shall be disqualifi ed to be a member of the Committee, if he,

of nominated

members of

Committee.

(a) becomes of unsound mind; or

(b) is adjudged as an insolvent; or

(c) is absent without leave of the Committee for more than three

consecutive meetings of the Committee:

Provided that the member ceasing to hold offi ce under this clause may be restored by the Committee, if such member makes an application for condonation of the absence; or

(d) is a defaulter to the fund or has committed breach of trust; or

(e) is convicted by a criminal court of any offence involving moral

turpitude.

(2) The Government may remove any member who is or has become disqualifi ed under sub-section (1) from the membership of the Committee:

Provided that no order removing any member shall be passed unless

the member has been given an opportunity of making his representation.

Resignation by

nominated

members of

Committee and

6. (1) Any member nominated under clause (f) of sub-section (3) of section 4, may resign his offi ce by giving three months notice in writing to the Chairman of the Committee and on such resignation being accepted by the Chairman, he shall be deemed to have vacated his offi ce.

fi lling up of casual

vacancies.

(2) Any casual vacancy in the offi ce of a member referred to in sub-section (1) shall be fi lled up, as soon as may be, and a member so nominated to such vacancy shall hold offi ce for the residue of the term of his predecessor.

Act of Committee 7. No act done or proceeding taken under this Act or the rules made

not to be thereunder by the Committee shall be invalidated merely by reason of,—

invalidated by

defect, etc., (a) any vacancy or defect in the constitution of the Committee; or

(b) any defect or irregularity in the nomination of any person as a

member thereof; or

(c) any defect or irregularity in such act or proceeding not affecting the

merits of the case.

Vesting and

utilisation of fund.

8. The fund shall vest in, and be held by the Government. The Government shall release such amounts from the fund, in such manner as may be prescribed, twice a year to the Committee. The Committee shall utilise such amounts, subject to the provisions of, and for the purposes of this Act.

9. (1) The fund shall be administered by the Committee. Administration of

fund.

(2) In the administration of the fund, the Committee shall, subject

to the provisions of this Act and the rules made thereunder,—

(a) receive applications through the District Registrar (Administration) for admission or re-admission to the fund, and dispose of such applications within ninety days from the date of receipt thereof;

(b) receive applications from the members of the fund, their nominees or legal representatives, as the case may be, for payment out of the fund, conduct such enquiry as it deems necessary, for the disposal of such applications, and dispose of the applications within fi ve months from the date of receipt thereof;

(c) record in the minutes book of the Committee its decisions

on the applications;

(d) the Committee shall provide the following benefi ts, after due verifi cation as may be prescribed and pay the amount to such applicants, at the rates specifi ed in the Schedule, subject to the availability of the fund for —

(i) accidental death benefi t or permanent disability or other

partial disability benefi t of a member of the fund;

(ii) natural death benefi t of a member of the fund;

(iii) marriage assistance to the member's marriage or to his

son or daughter's marriage;

(iv) maternity benefi t to a female member of the fund;

(v) spectacles benefi t to a member of the fund;

(vi) educational benefi t to the children of a member of the

fund;

(vii) pensionary benefi t to former members of the fund; and

(viii) funeral assistance to a member of the fund or to his or

her spouse;

(e) the Committee shall send such periodicals and annual reports

to the Government, as may be prescribed;

(f) communicate to the applicants, through registered post, the decisions of the Committee in respect of applications for admission or re-admission to the fund or claims to the benefi t of the fund; and

(g) do such other acts as are, or may be, required to be done under

this Act and the rules made thereunder.

Delegation of

functions of

Committee.

10. The Committee may, with the previous approval of the Government, delegate to the Chairman or to the Secretary such of its functions under this Act or the Rules made thereunder as it may consider necessary, for the effective management of the fund, subject to such restrictions and conditions, as it may deem fi t.

Accounts and Audit. 11. (1) The Committee shall maintain such accounts and books as

may be prescribed.

(2) The accounts of the Committee shall be audited annually by a

Chartered Accountant, appointed by the Committee.

(3) The accounts, as certifi ed by the Chartered Accountant together with the audit report thereon, shall be forwarded to the Government by the Secretary of the Committee within a period of six months from the end of the fi nancial year.

(4) The Committee shall comply with such directions as the

Government may on perusal of the report of the auditor, deem fi t to issue.

Powers and duties

12. The Secretary of the Committee shall,—

of Secretary.

(a) be the Chief Executive Offi cer of the Committee and responsible

for carrying out its decisions;

(b) represent the Committee in all suits and proceedings for and

against the Committee;

(c) authenticate by his signature in all decisions and all instructions

of the Committee;

(d) operate the bank account of the Committee jointly with the

Treasurer;

(e) convene meetings of the Committee and prepare its minutes;

(f) attend the meetings of the Committee with all necessary

records and information;

(g) maintain such Forms, registers and other records, as may be prescribed, from time to time, and do all correspondence relating to the Committee;

(h) prepare an annual statement of business transactions of the

Committee during each fi nancial year; and

(i) do such acts as may be directed by the Committee.

Meetings of

13. (1) The Committee shall meet at least once in three months or more

Committee.

often, if found necessary, to transact its business.

(2) Five members of the Committee shall form the quorum for a

meeting of the Committee.

(3) The Chairman or in his absence, a member elected by the members present at the meeting shall preside over a meeting of the Committee.

(4) Any matter coming up before a meeting of the Committee shall be decided by a majority of the members present and voting at the meeting and, in the case of equality of votes, the Chairman or the member presiding over the meeting shall have and exercise a casting vote.

Travelling and 14. The nominated members of the Committee shall be eligible to get

daily allowance such travelling allowance and daily allowance as may be prescribed.

to members of

Committee.

Review.

15. The Committee may, suo-motu at any time or on an application from any interested person within ninety days of any order passed by it, review any such order:

Provided that the Committee shall not pass any order adversely affecting any person unless such person has been given an opportunity of making his representation.

Power to summon Central Act V of

witnesses and 1908.

take evidence.

16. The Committee shall, for the purposes of any enquiry under this Act, have the same powers as are vested in a Civil Court while trying a suit under the Code of Civil Procedure, 1908 in respect of the following matters, namely:—

(a) enforcing the attendance of any person or examining him on

oath;

(b) requiring the discovery and production of documents;

(c) receiving evidence on affi davit; and

(d) issuing commission for the examination of witnesses.

Recognition and

Registration of 17. (1) (a) All associations of Document Writers functioning in any district may, before a date to be notifi ed by the Committee in this behalf; and

Document Writers'

Association.

(b) any such association of Document Writers constituted

after the commencement of this Act,

may apply to the Committee in such Form and in such manner, as may be prescribed, for recognition and registration as an association of Document Writers' under this Act.

(2) Every application for recognition and registration shall be accompanied by the rules or by-laws of the association, names and addresses of the offi ce bearers of the association and an upto date list of the members of the association with name, address, age and the ordinary place of employment of such member.

(3) The Committee may, after such enquiry as it deems necessary, recognise such association of Document Writers and issue a certifi cate of recognition and registration in such Form as may be prescribed.

(4) The decision of the Committee regarding the recognition and

registration of an association shall be fi nal.

Duties of Document

Writers' 18. (1) Every Document Writers' Association shall, on or before the 15th April of every year, intimate to the Committee, a list of its members as on the 31st March of that year.

Association.

(2) Every Document Writers' Association shall intimate to the

Committee of,—

(a) any change of the offi ce bearers of the Document Writers'

Association within fi fteen days of such change;

(b) any change in number of members including admission

and re-admission within thirty days of such change;

(c) the death or retirement of any of its members within thirty

days from the date of occurrence thereof; and

(d) such other matter as may be required by the Committee,

from time to time.

Membership of fund. 19. (1) Every document writer may apply to the Committee, in such Form and in such manner as may be prescribed for admission as a member of the fund.

(2) On receipt of an application under sub-section (1), the Committee shall make such enquiry as it deems fi t and either admit the applicant to the fund or reject the application for reasons to be recorded in writing:

Provided that no order rejecting an application shall be passed unless

the applicant has been given an opportunity of making his representation.

(3) Every applicant shall pay to the fund an admission fee of Rs.1000/- (Rupees One Thousand only) at the time of admission or re-admission.

(4) Every member of the fund shall, at the time of admission, make a nomination conferring on one or more dependants the right to receive the amount from the fund in the event of his death. If more than one person is nominated, the amount of share payable to each nominee shall be specifi ed in the nomination.

(5) A member of the fund may, at any time, cancel a nomination by sending a notice in writing to the Committee along with a fresh nomination.

(6) Where on receipt of a complaint or otherwise, the Committee has reason to believe that any Document Writer secured admission as a member of the fund by misrepresentation, fraud or undue infl uence, it shall be competent for the Committee to remove the name of such Document Writer from the membership of the fund:

Provided that no order under this sub-section shall be passed unless the person likely to be adversely affected has been given an opportunity of making his representation.

(7) A member of the fund may voluntarily withdraw his

membership of the fund.

Cessation of

20. A member of the fund on—

membership.

(i) voluntary withdrawal of his membership;

(ii) surrender or cancellation of his licence under the

Tamil Nadu Document Writers' Licence Rules, 1982; or

(iii) removal of his membership by the Committee,

shall cease to be the member of the fund.

Payment of pension

on cessation of

membership.

21. (1) An application for payment of pension from the fund on account of cessation of membership shall be made to the Committee in such Form, as may be prescribed.

(2) An application received under sub-section (1) shall be

disposed off by the Committee after such enquiry as it deems necessary.

(3) Any person who has been a member of the fund for a period of not less than fi fteen years or for a period not less than ten years and has completed sixty years of age, on surrender of the licence granted under the Tamil Nadu Document Writers' Licence Rules, 1982 shall be entitled to receive pension from the fund at such rate specifi ed in the Schedule:

Provided that a person who has ceased to be a member of the fund at any time due to permanent disablement shall also be entitled to receive pension.

(4) A member, whose licence has been cancelled under the Tamil Nadu Document Writers' Licence Rules, 1982 or a member who has been removed from the membership of the fund by the Committee shall not be entitled to receive pension from the fund.

Restriction on

alienation,

attachment, etc.,

of interest of 22. (1) The interest or the right of a member of the fund or his nominee or legal heirs to receive any amount from the fund, shall not be assigned, alienated or charged and shall not be liable to attachment under any decree or order of any court, tribunal or other authority.

member in fund.

(2) No creditor shall be entitled to proceed against the fund or the interest therein of any member of the fund or his nominee or legal heirs.

Explanation.—For the purpose of this section, "creditor" includes the State, or an offi cial assignee or offi cial receiver appointed under the law relating to insolvency for the time being in force.

Power to amend 23. The Government may, by notifi cation, on the recommendation of

Schedule.

the Committee, amend the Schedule.

Protection of action

taken in good

faith.

24. (1) No suit, prosecution or other legal proceeding shall lie against any person or anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder.

(2) No suit or other legal proceeding shall lie against the Committee or the Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder.

Power to remove

diffi culties.

25. If any diffi culty arises in giving effect 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 the diffi culty:

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

from the date of commencement of this Act.

Power to make 26. (1) The Government may, by notifi cation, make rules for carrying

rules.

out the purposes of this Act.

(2) Every rule made or notifi cation or order issued by the Government 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 expiry of the session in which it is so placed or the next session, the Legislative Assembly makes 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 effect only in such modifi ed form or be of no effect, 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.

(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 22nd April 2022 and is hereby published for general information: —

ACT No. 22 OF 2022.

An Act to amend the Tamil Nadu Non-Resident Tamils' Welfare Act, 2011.

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

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

1. This Act may be called the Tamil Nadu Non-Resident Tamils' Short title.

Welfare (Amendment) Act, 2022.

Tamil Nadu Act

2. In section 2 of the Tamil Nadu Non-Resident Tamils' Welfare Act, Amendment of 4 of 2011.

section 2. 2011(hereinafter referred to as the principal Act),—

(1) for clause (b), the following clauses shall be substituted,

namely:—

"(aa) "Chairman" means the Chairman of the Board;

(b) "company" means a company as defi ned in clause (20)

of section 2 of the Companies Act, 2013 (Central Act 18 of 2013);";

(2) in clause (e), for the expression "under the proviso to sub-section (6) of Section 5", the expression "under sub-section (6) of Section 5" shall be substituted;

(3) clauses (g) and (k) shall be omitted;

(4) after clause (l), the following clauses shall be inserted,

namely:—

"(la) "Member of the Board" includes the Chairman of the Board;

(lb) "Member-Secretary" means the Member Secretary of the

Board;".

Amendment of

section 5.

3. In Section 5 of the principal Act, in sub-section (2), for the expression "one of them being the Managing Director", the expression "one of them being the Member-Secretary" shall be substituted.

4. In section 10 of the principal Act,—

Amendment of section 10.

(1) for sub-sections (3), (4) and (5), the following sub-sections

shall be substituted, namely:—

"(3) The Board shall consist of fi fteen members, from time to

time, nominated by the Government, as hereinafter provided, namely:—

(a) a Chairman, being a person of eminence involved in the

Welfare of Non – Resident Tamils';

(b) fi ve members representing the Non-Resident Tamils

(abroad);

(c) two members representing the Non-Resident Tamils

(India);

(d) fi ve members representing the Government;

(e) one member representing the Overseas Manpower Corporation Limited or any other recruitment agency, registered under the Emigration Act, 1983 (Central Act 31 of 1983);

(f) one member representing the Commissionerate of

Rehabilitation and Welfare of Non-Resident Tamils.

(4) The Commissioner of Rehabilitation and Welfare of Non-Resident Tamils shall be the Member-Secretary of the Board, ex-offi cio.

(5) After nomination of all the members of the Board, the

Government shall, by notifi cation, publish their names.".

(2) in sub-section (7), for the expression "the Managing Director or to any director of the Board", expression "the Chairman or the Member-Secretary or to any member of the Board" shall be substituted.

5. In section 11 of the principal Act,—

Amendment of section 11.

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

shall be substituted, namely:-

"Term of offi ce of members of Board";

(2) in sub-section (1), for the expression "the directors other than ex-offi cio directors", the expression "the members of the Board" shall be substituted;

(3) in sub-section (2), for the expression "any director other than

an ex-offi cio director", the expression "any member" shall be substituted.

6. In section 13 of the principal Act,—

Amendment of section 13.

(1) in sub-section (1), for the expression "director", the expression

"member" shall be substituted;

(2) in sub-section (2), for the expression "director", the expression

"member of the Board," shall be substituted;

(3) for sub-sections (3) and (4), the following sub-sections shall

be substituted, namely:—

"(3) A member of the Board removed under clause (a) of sub-section (2) shall be disqualifi ed for re-nomination as a member of the Board for a period of three years from the date of his removal, unless otherwise ordered by the Government.

(4) A member of the Board removed under clause (b) of sub-section (2) shall not be eligible for re-nomination until he is declared by an order of the Government to be no longer ineligible.".

7. In section 14 of the principal Act,—

Amendment of section 14.

(i) for the marginal heading, the following marginal heading shall

be substituted, namely:-

"Resignation by Members of Board";

(ii) for the expression "Any director other than an ex-offi cio

director", the expression "Any member" shall be substituted.

Amendment of section 15.

8. In section 15 of the principal Act including the proviso thereto, for the expressions "director" and "directors", the expressions "Member of the Board" and "Members of the Board" shall, respectively, be substituted.

Amendment of section 18.

9. In section 18 of the principal Act, for the expression "the Companies Act, 1956 (Central Act 1 of 1956)", the expression "the Companies Act, 2013 (Central Act 18 of 2013)" shall be substituted.

Amendment of section 20.

10. In section 20 of the principal Act, in sub-section (1), for the expression "Managing Director", the expression "Member-Secretary" shall be substituted.

11. In section 21 of the principal Act,—

Amendment of section 21.

(i) in the marginal heading, for the expression "Directors of

Board", the expression "Members of Board" shall be substituted;

(ii) for the expression "Every director of the Board including the Managing Director", the expression "Every member of the Board including the Member-Secretary" shall be substituted.

12. In section 22 of the principal Act, —

Amendment of section 22.

(1) in sub-section (2), for the expression "in a Court of First Class Judicial Magistrate", the expression "in a Court of Judicial Magistrate" shall be substituted;

(2) in sub-section (3), for the expression "Managing Director", the

expression "Chairman of the Board" shall be substituted.

Amendment of section 24.

13. In section 24 of the principal Act, for the expression "Managing Director", the expression "Chairman or Member-Secretary" shall be substituted.

14. In section 26 of the principal Act,— Amendment of

section 26.

(1) in sub-section (1), for the expression "Section 22", the

expression "section 25" shall be substituted;

(2) in sub-section (3), in clause (a), for the expression "Directors of the Board", the expression "Members of the Board" shall be substituted.

Amendment of section 28.

15. In section 28 of the principal Act, for the expression "the Managing Director", the expression "the Chairman or Member-Secretary" shall be substituted.

Amendment of Schedule.

16. In the Schedule to the principal Act, in item (4), for the expression "the Managing Director and the Directors", the expression "the Chairman, the Member-Secretary and the Members of the Board" shall be substituted.

(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