[ 101 ]

IV-2 Ex. (241)—1

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

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2022

[Price: Rs. 7.20 Paise.

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 241]

CHENNAI, MONDAY, APRIL 25, 2022

Chithirai 12, Subakiruthu, Thiruvalluvar Aandu–2053

Part IV—Section 2

Tamil Nadu Acts and Ordinances

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

CONTENTS

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.

Bඍ 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

commencement.

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

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.

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’)—

Tamil Nadu Act

42 of 2017.

(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;”.

Substitution of

section 7.

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

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.”.

103

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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 aﬀ ecting the habitation of the tenant in the premises let out

on rent.”.

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.

Amendment of

section 17.

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;

(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.”.

104

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Amendment of

section 21.

7. In section 21 of the principal Act,

(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.”.

Substitution of

section 22.

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

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.”.

Amendment of

section 31.

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

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.

105

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. 20 OF 2022.

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

and Clearance) Act, 1971.

Bඍ 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 Slum Areas

(Improvement and Clearance) Amendment Act, 2022.

Short title and

commencement.

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

September 2021.

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:-

Amendment of

section 2.

“(a) “Board” means the Tamil Nadu Urban Habitat Development

Board established under section 34.”.

3. In Chapter VIII of the principal Act, for the heading “SLUM

CLEARANCE BOARD”, the heading “URBAN HABITAT DEVELOPMENT

BOARD” shall be substituted.

Substitution of

heading of

Chapter VIII.

4. In section 34 of the principal Act,-

(1) for the marginal heading “Establishment of Slum Clearance

Board”, the marginal heading “Establishment of Urban Habitat Development

Board” shall be substituted;

Amendment of

section 34.

(2) in sub-section (1), for the expression “Tamil Nadu Slum

Clearance Board”, the expression “Tamil Nadu Urban Habitat Development

Board” shall be substituted.

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.

Substitution of

expression.

(By order of the Governor)

C. GOPI RAVIKUMAR,

Secretary to Government (Legislation),

Law Department.

107

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. 21 OF 2022.

An Act to provide for the constitution of a Welfare Fund for the beneﬁ t

of Document Writers in the State.

Bඍ 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 Document Writers’

Welfare Fund Act, 2022.

Short title and

commencement.

(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;

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.

(1) The Government shall, by notiﬁ cation, constitute a fund to be

called as the Tamil Nadu Document Writers’ Welfare Fund.

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.

108

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Establishment of

Document Writers’

Welfare Fund

Committee.

(1) The Government may, by notiﬁ cation, establish with eﬀ ect 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.

(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;

(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

and removal

of nominated

members of

Committee.

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

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

(a) becomes of unsound mind; or

(b) is adjudged as an insolvent; or

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 oﬀ ence 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

ﬁ lling up of casual

vacancies.

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.

109

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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.

No act done or proceeding taken under this Act or the rules made

thereunder by the Committee shall be invalidated merely by reason of,—

Act of Committee

not to be

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

merits of the case.

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.

Vesting and

utilisation of fund.

(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;

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;

110

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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 eﬀ ective 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

of Secretary.

12. The Secretary of the Committee shall,—

(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;

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

Committee.

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

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.

111

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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.

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

such travelling allowance and daily allowance as may be prescribed.

Travelling and

daily allowance

to members of

Committee.

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:

Review.

Provided that the Committee shall not pass any order adversely

aﬀ ecting any person unless such person has been given an opportunity of

making his representation.

Central Act V of

1908.

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:—

Power to summon

witnesses and

take evidence.

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

oath;

(b) requiring the discovery and production of documents;

(d) issuing commission for the examination of witnesses.

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

Recognition and

Registration of

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.

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.

Duties of Document

Writers’

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;

112

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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 aﬀ ected 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

membership.

20. A member of the fund on—

(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.

113

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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.

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.

Restriction on

alienation,

attachment, etc.,

of interest of

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.

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

the Committee, amend the Schedule.

Power to amend

Schedule.

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.

Protection of action

taken in good

faith.

(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.

25. If any diﬃ culty arises in giving eﬀ ect to the provisions

of this Act, the Government may, by an order published in the

Tamil Nadu Government Gazette, make such provisions not inconsistent with

the provisions of this Act as appear to them to be necessary or expedient for

removing the diﬃ culty:

Power to remove

diﬃ culties.

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

from the date of commencement of this Act.

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

out the purposes of this Act.

Power to make

rules.

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

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

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

or notiﬁ cation or order.

114

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

THE SCHEDULE

[See sections 9(2) and 23]

S.No.

Beneﬁ ts

Amount

(Rs.)

(a) Accidental death beneﬁ t.

1,00,000

(b) Permanent disability beneﬁ t.

20,000

Natural death beneﬁ t.

20,000

Marriage assistance—

(a) Male:-

(b) Female:-

8,000

10,000

Maternity beneﬁ t.

6,000

Spectacles beneﬁ t.

1,500

Educational beneﬁ t for—

(a) Secondary School Leaving

Certiﬁ cate Scholarship for study.

(b) Secondary School Leaving

Certiﬁ cate Pass.

1,000

Certiﬁ cate scholarship for study.

1,500 (per annum)

(d) Higher Secondary School

Certiﬁ cate Pass.

1,500

(e) I.T.I.

Day Scholar

(per annum)

Hosteller

(per annum)

2,000

2,500

(f) Diploma Course

2,000

2,500

(g) Degree Course

3,000

3,500

(h) Master Degree or Professional

Degree student.

10,000 (per annum)

Pensionary beneﬁ t.

1,500 (per month)

Funeral assistance.

5,000

(By order of the Governor)

C. GOPI RAVIKUMAR,

Secretary to Government (Legislation),

Law Department.

115

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. 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’

Welfare (Amendment) Act, 2022.

Short title.

Tamil Nadu Act

4 of 2011.

2. In section 2 of the Tamil Nadu Non-Resident Tamils’ Welfare Act,

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

Amendment of

section 2.

(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;”.

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.

Amendment of

section 5.

4. In section 10 of the principal Act,—

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

shall be substituted, namely:—

Amendment of

section 10.

“(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);

(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.

116

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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.

Amendment of

section 11.

5. In section 11 of the principal Act,—

(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.

Amendment of

section 13.

6. In section 13 of the principal Act,—

(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.”.

Amendment of

section 14.

7. In section 14 of the principal Act,—

(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.

117

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

11. In section 21 of the principal Act,—

(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.

Amendment of

section 21.

12. In section 22 of the principal Act, —

(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 22.

13. In section 24 of the principal Act, for the expression “Managing

Director”, the expression “Chairman or Member-Secretary” shall be

substituted.

Amendment of

section 24.

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.

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

section 28.

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.

Amendment of

Schedule.

(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