BILLS - No. 47 of 2022 to No. 52 of 2022

© GOVERNMENT OF TAMIL NADU 2022

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

[R. Dis. No. 197/2009.

[Price: Rs. 11.20 Paise.

No. 488] CHENNAI, TUESDAY, OCTOBER 18, 2022

Aippasi 1, Subakiruthu, Thiruvalluvar Aandu-2053

Part IV—Section 1

Tamil Nadu Bills

CONTENTS

Pages.Pages.

BILLS:BILLS:

No. 47 of 2022—The Tamil Nadu District Municipalities (Amendment) Act, 2022. .. .. .. 342-346342-346 No. 48 of 2022—The Tamil Nadu Universities Laws (Second Amendment) Act, 2022. .. .. 347-354347-354 No. 49 of 2022—The Tamil Nadu Universities Laws (Third Amendment) Act, 2022 .. .. .. 355-358355-358 No. 50 of 2022—The Tamil Nadu Private Colleges (Regulation) Amendment Act, 2022. .. .. 359-360359-360 No. 51 of 2022—The Tamil Nadu Business Facilitation (Amendment) Act, 2022. .. .. .. 361-364361-364 No. 52 of 2022—The Tamil Nadu Transparency in Tenders (Amendment) Act, 2022. .. .. 365-367365-367 DTP—Ex-IV-1 (488)

[341]342 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

BILLS INTRODUCED IN THE LEGISLATIVE ASSEMBLY

OF THE STATE OF TAMIL NADU

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following

Bill which was introduced in the Legislative Assembly of the Tamil Nadu on

18th October, 2022 is published together with Statement of Objects and Reasons for general information:—

L.A. Bill No. 47 of 2022

A Bill further to amend the Tamil Nadu District

Municipalities Act, 1920.

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

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

Short title and

1. (1) This Act may be called the Tamil Nadu District Municipalities

commencement. (Amendment) Act, 2022.

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

the 30th day of June 2022.

Insertion of new

Tamil Nadu Act 2. After section 3-U of the Tamil Nadu District Municipalities Act,

section 3-UU.

V of 1920. 1920, the following section shall be inserted, namely:-

3-UU. Appointment of Special Officer to Town Panchayat in certain circumstances.— Notwithstanding anything contained in this Act, or in any other law for the time being in force, in respect of Kadambur Town Panchayat in Thoothukudi district, which could not be constituted on the 1st day of July 2022, even after resorting to election process, the State Government may, by notifi cation, appoint a Special Offi cer to exercise the powers and discharge the functions of the said Town Panchayat, until the day on which the fi rst meeting of the council is held after ordinary election to that Town Panchayat or upto the 31st day of December 2022, whichever is earlier.

Tamil Nadu Repeal and saving. 3. (1) The Tamil Nadu District Municipalities (Amendment)

Ordinance Ordinance, 2022 is hereby repealed.

2 of 2022.

Tamil Nadu Act

V of 1920.

(2) Notwithstanding such repeal, anything done or any action taken under the Tamil Nadu District Municipalities Act, 1920, as amended by the said Ordinance, shall be deemed to have been done or taken under the said Act, as amended by this Act.

STATEMENT OF OBJECTS AND REASONS.

The Special Offi cers to the Town Panchayats, Municipalities and Municipal Corporations were appointed in pursuance of the orders of the Hon'ble High Court of Madras in W.P.No.33984 of 2016, dated the 4th October 2016. The term of offi ce of the said Special Offi cers of the Town Panchayats, Municipalities and Municipal Corporations was extended from time to time and lastly upto the 30th June 2022.

2. Subsequently, Ordinary Elections to all the Urban Local Bodies in the State, namely, 21 City Municipal Corporations, 138 Municipalities and 490 Town Panchayats, was notifi ed to be held on 19.02.2022 and elections were held to all the said local bodies except to Kadambur Town Panchayat in Thoothukudi district.

3. The Tamil Nadu State Election Commission brought to the notice of the Government that, it had cancelled the election proceedings in respect of all the Wards of the Kadambur Town Panchayat in Thoothukudi district, due to non-compliance of the provisions of the Tamil Nadu Town Panchayats, Municipalities and Corporations (Elections) Rules, 2006 by the Returning and Assistant Returning Offi cers on the day of scrutiny of nominations on 5.2.2022. Further, the High Court of Madras in Writ Petitions (MD) Nos. 3131, 3132 and 3133 of 2022, by order dated 27.04.2022 had restrained the Commission and the other respondents from holding election to the post of Ward Members of the said Town Panchayat till 14.06.2022.

4. In view of the orders of the Hon'ble High Court, the Tamil Nadu State Election Commission was not in a position to conduct election to the post of Ward Members of Kadambur Town Panchayat in Thoothukudi district before expiry of the term of the Special Offi cer of the said Kadambur Town Panchayat on 30.06.2022.

5. In the said circumstance, the Government decided to extend the term of the Special Offi cer in respect of Kadambur Town Panchayat in Thoothukudi district for a further period of six months from 01.07.2022 to 31.12.2022 or until the day on which the fi rst meeting of the Council is held after the ordinary election to that Town Panchayat, whichever is earlier, by suitably amending the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920).

6. Accordingly, the Tamil Nadu District Municipalities (Amendment) Ordinance, 2022 (Tamil Nadu Ordinance 2 of 2022) was promulgated by the Hon'ble Governor on the 29th June 2022 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 30th June 2022.

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

K.N. NEHRU, Minister for Municipal Administration.

STATEMENT UNDER RULE 168 OF THE TAMIL NADU LEGISLATIVE ASSEMBLY RULES EXPLAINING

THE CIRCUMSTANCES WHICH NECESSITATED THE PROMULGATION OF THE TAMIL NADU DISTRICT

MUNICIPALITIES (AMENDMENT) ORDINANCE, 2022 (TAMIL NADU ORDINANCE 2 OF 2022).

The Special Offi cers to the Town Panchayats, Municipalities and Municipal Corporations were appointed in pursuance of the orders of the Hon'ble High Court of Madras in W.P.No.33984 of 2016, dated the 4th October 2016. The term of offi ce of the said Special Offi cers of the Town Panchayats, Municipalities and Municipal Corporations was extended from time to time and lastly upto the 30th June 2022.

2. Subsequently, Ordinary Elections to all the Urban Local Bodies in the State, namely, 21 City Municipal Corporations, 138 Municipalities and 490 Town Panchayats, was notifi ed to be held on 19.02.2022 and elections were held to all the said local bodies except to Kadambur Town Panchayat in Thoothukudi district.

3. The Tamil Nadu State Election Commission brought to the notice of the Government that, it had cancelled the election proceedings in respect of all the Wards of the Kadambur Town Panchayat in Thoothukudi district, due to non-compliance of the provisions of the Tamil Nadu Town Panchayats, Municipalities and Corporations (Elections) Rules, 2006 by the Returning and Assistant Returning Offi cers on the day of scrutiny of nominations on 5.2.2022. Further, the High Court of Madras in Writ Petitions (MD) Nos. 3131, 3132 and 3133 of 2022 by order dated 27.04.2022 had restrained the Commission and the other respondents from holding election to the post of Ward Members of the said Town Panchayat till 14.06.2022.

4. In view of the orders of the Hon'ble High Court, the Tamil Nadu State Election Commission was not in a position to conduct election to the post of Ward Members of Kadambur Town Panchayat in Thoothukudi district before expiry of the term of the Special Offi cer of the said Kadambur Town Panchayat on 30.06.2022.

5. In the said circumstance, the Government decided to extend the term of the Special Offi cer in respect of Kadambur Town Panchayat in Thoothukudi district for a further period of six months from 01.07.2022 to 31.12.2022 or until the day on which the fi rst meeting of the Council is held after the ordinary election to that Town Panchayat, whichever is earlier, by suitably amending the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920).

6. As the Legislative Assembly of the State was not in session at that time, it became necessary to promulgate an Ordinance to give effect to the above decision. Accordingly, the Tamil Nadu District Municipalities (Amendment) Ordinance, 2022 (Tamil Nadu Ordinance 2 of 2022) was promulgated by the Hon'ble Governor on the 29th June 2022 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 30th June 2022.

K.N. NEHRU, Minister for Municipal Administration.

MEMORANDUM REGARDING DELEGATED LEGISLATION.

Section 3-UU proposed to be inserted in the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) by clause 2 of the Bill, authorises the Government to issue notifi cation to appoint a Special Offi cer for Kadambur Town Panchayat in Thoothukudi district.

2. The power delegated is normal and not of an exceptional character.

K.N. NEHRU, Minister for Municipal Administration.

Secretariat,

Chennai-600 009, K. SRINIVASAN,

18th October 2022. Secretary.

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following

Bill which was introduced in the Legislative Assembly of the Tamil Nadu on

18th October, 2022 is published together with Statement of Objects and Reasons

for general information:-

L.A Bill No. 48 of 2022

A Bill further to amend the Tamil Nadu Universities Laws.

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:—

PART-I.

PRELIMINARY.

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

commencement.

(Second Amendment) Act, 2022.

(2) It shall come into force at once.

PART-II.

AMENDMENTS TO THE MADURAI-KAMARAJ UNIVERSITY ACT, 1965.

Tamil Nadu Act

Amendment of 33 of 1965.

section 10.

2. In section 10 of the Madurai – Kamaraj University Act, 1965 (hereafter in this Part referred to as the 1965 Act), in sub-section (1), for the expression "Education", the expression "Higher Education" shall be substituted.

3. In section 19 of the 1965 Act,— Amendment of

section 19.

(1) in clause (a), under the heading "Class I—Ex-Offi cio Members.",—

(i) in item (1), for the expression "Education;", the expression

"Higher Education;" shall be substituted;

(ii) item (1-AAA), shall be renumbered as item (1-AAAA), and before item (1-AAAA) as so renumbered, the following item shall be inserted, namely:—

"(1-AAA) The Secretary to Government in-charge of Finance;";

(2) in clause (aa),—

(i) for the expression "Education", the expression

"Higher Education" shall be substituted;

(ii) after the expression "the Secretary to Government in-charge of Law", the expression "or the Secretary to Government in-charge of Finance" shall be inserted.

PART-III.

AMENDMENT TO THE ANNA UNIVERSITY

ACT, 1978.

Amendment of

4. In section 17 of the Anna University Act, 1978,— Tamil Nadu Act section 17.

30 of 1978.

(1) in sub-section (2), under the heading "Class I–Ex-Offi cio Members.",

after item (d), the following item shall be inserted, namely:—

"(dd) The Secretary to Government, in-charge of Finance;";

(2) in sub-section (4), in clause (i), after the expression "the Secretary to Government, in-charge of Law", the expression "or the Secretary to Government in-charge of Finance" shall be inserted.

PART-IV.

AMENDMENTS TO THE BHARATHIAR UNIVERSITY ACT, 1981.

Amendment of

Tamil Nadu Act section 11.

1 of 1982.

5. In section 11 of the Bharathiar University Act, 1981 (hereafter in this Part referred to as Tamil Nadu Act 1 of 1982), in sub-section (1), for the expression "Education" the expression "Higher Education" shall be substituted.

Amendment of

6. In section 24 of Tamil Nadu Act 1 of 1982,—

section 24.

(1) in clause (b), under the heading "Class I—Ex-Offi cio

Members.",—

(i) in item (1), for the expression "Education;", the expression

"Higher Education;" shall be substituted;

(ii) after item (1-AA), the following item shall be inserted,

namely:—

"(1-AAA) The Secretary to Government in-charge of

Finance;";

(2) in clause (d),—

(i) for the expression "Education", the expression

"Higher Education" shall be substituted;

(ii) after the expression "the Secretary to Government in-charge of Law", the expression "or the Secretary to Government in-charge of Finance" shall be inserted.

Amendment of

section 32.

7. In section 32 of Tamil Nadu Act 1 of 1982, in sub-section (1), in item (iii), for the expression "Education;", the expression "Higher Education;" shall be substituted.

PART-V.

AMENDMENTS TO THE BHARATHIDASAN UNIVERSITY ACT, 1981.

Amendment of

Tamil Nadu Act section 11.

2 of 1982.

8. In section 11 of the Bharathidasan University Act, 1981(hereafter in this Part referred to as Tamil Nadu Act 2 of 1982), in sub-section (1), for the expression "Education", the expression "Higher Education" shall be substituted.

9. In section 24 of Tamil Nadu Act 2 of 1982, — Amendment of

section 24.

(1) in clause (b), under the heading "Class I—Ex-offi cio Members.",—

(i) in item (1), for the expression "Education;", the

expression "Higher Education;" shall be substituted;

(ii) after item (1-AA), the following item shall be inserted,

namely:—

"(1-AAA) The Secretary to Government in-charge of Finance;";

(2) in clause (d),—

(i) for the expression "Education", the expression

"Higher Education" shall be substituted;

(ii) after the expression "the Secretary to Government in-charge of Law", the expression "or the Secretary to Government in-charge of Finance" shall be inserted.

Amendment of

section 32.

10. In section 32 of Tamil Nadu Act 2 of 1982, in sub-section (1), in item (iii), for the expression "Education;", the expression "Higher Education;" shall be substituted.

PART-VI.

AMENDMENTS TO THE MOTHER TERESA WOMEN'S UNIVERSITY ACT, 1984.

Tamil Nadu Act

Amendment of 15 of 1984.

section 11.

11. In section 11 of the Mother Teresa Women's University Act, 1984 (hereafter in this Part referred to as the 1984 Act), in sub-section (1), for the expression "Education", the expression "Higher Education" shall be substituted.

Amendment of 12. In section 20 of the 1984 Act,

section 20.

(1) in clause (a), under the heading "Class I—Ex-offi cio Members", in item (4), for the expression "Education;", the expression "Higher Education;" shall be substituted;

(2) in clause (b), for the expression, "Education" the expression,

"Higher Education" shall be substituted.

Amendment of 13. In section 23 of the 1984 Act, —

section 23.

(1) in clause (b), under the heading "Class I—Ex-offi cio Members.", in item (1), for the expression "Education;", the expression "Higher Education;" shall be substituted;

(2) in clause (d), for the expression "Education", the expression

"Higher Education" shall be substituted.

Amendment of

section 31.

14. In section 31 of the 1984 Act, in sub-section (1), in item (c), for the expression "Education;", the expression "Higher Education;" shall be substituted.

PART-VII.

AMENDMENTS TO THE ALAGAPPA UNIVERSITY ACT, 1985.

Amendment of

Tamil Nadu Act section 12.

23 of 1985.

15. In section 12 of the Alagappa University Act, 1985 (hereafter in this Part referred to as the 1985 Act), in sub-section (1), for the expression "Education", the expression "Higher Education" shall be substituted.

Amendment of

16. In section 21 of the 1985 Act,—

section 21.

(1) in clause (a), under the heading "Class I—Ex-offi cio Members.", in item (4), for the expression "Education;", the expression "Higher Education;" shall be substituted;

(2) in clause (b), in sub-clause (i), for the expression "Education",

the expression "Higher Education" shall be substituted.

Amendment of

17. In section 25 of the 1985 Act,—

section 25.

(1) in clause (b), under the heading "Class II — Ex-offi cio

Members",—

(i) in item (1), for the expression "Education;", the expression

"Higher Education;" shall be substituted;

(ii) after item (2-A), the following item shall be inserted,

namely:—

"(2-AA) The Secretary to Government in-charge of Finance;";

(2) in clause (d),in sub-clause (i),—

(i) for the expression "Education", the expression

"Higher Education" shall be substituted;

(ii) after the expression "the Secretary to Government in-charge of Law", the expression "or the Secretary to Government in-charge of Finance" shall be inserted.

Amendment of

section 33.

18. In section 33 of the 1985 Act, in sub-section (1), in item (iii), for the expression "Education;" the expression "Higher Education;" shall be substituted.

PART-VIII.

AMENDMENTS TO THE MANONMANIAM SUNDARANAR UNIVERSITY ACT, 1990.

Amendment of

Tamil Nadu Act section 10.

31 of 1990.

19. In section 10 of the Manonmaniam Sundaranar University Act, 1990 (hereafter in this Part referred to as the 1990 Act), in sub-section (1), for the expression "Education", the expression "Higher Education" shall be substituted.

Amendment of

20. In section 23 of the 1990 Act,—

section 23.

(1) in clause (b), under the heading "Class I—Ex-offi cio

Members.",—

(i) in item (1), for the expression "Education;", the expression

"Higher Education;" shall be substituted;

(ii) after item (3), the following item shall be inserted, namely:—

"(3-A) The Secretary to Government in-charge of Finance;";

(2) in clause (d),—

(i) for the expression "Education", the expression "Higher

Education" shall be substituted;

(ii) after the expression "the Secretary to Government in-charge of Law", the expression "or the Secretary to Government in-charge of Finance" shall be inserted.

Amendment of

section 31.

21. In section 31 of the 1990 Act, in sub-section (1), in item (iii), for the expression "Education;" the expression "Higher Education;" shall be substituted.

PART-IX.

AMENDMENTS TO THE PERIYAR UNIVERSITY ACT, 1997.

Tamil Nadu Act

Amendment of 45 of 1997.

section 11.

22. In section 11 of the Periyar University Act, 1997 (hereafter in this Part referred to as the 1997 Act), in sub-section (1), for the expression "Education", the expression "Higher Education" shall be substituted.

Amendment of 23. In section 24 of the 1997 Act,—

section 24.

(1) in clause (b), under the heading "Class I—Ex-offi cio Members.",

after item (3), the following item shall be inserted, namely:—

"(3-A) The Secretary to Government in-charge of Finance;";

(2) in clause (d), after the expression "the Secretary to Government, in-charge of Law", the expression "or the Secretary to Government, in-charge of Finance" shall be inserted.

PART-X.

AMENDMENTS TO THE TAMIL NADU OPEN UNIVERSITY ACT, 2002.

Tamil Nadu Act

Amendment of 27 of 2002.

section 9.

24. In section 9 of the Tamil Nadu Open University Act, 2002 (hereafter in this Part referred to as Tamil Nadu Act 27 of 2002), in sub-section (1), for the expression "Education", the expression "Higher Education" shall be substituted.

25. In section 20 of Tamil Nadu Act 27 of 2002,— Amendment of

section 20.

(1) in sub-section (2), under the heading "Class I—Ex-offi cio

members.", after item (a), the following item shall be inserted, namely:—

"(aa) The Secretary to Government in-charge of Finance;";

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

namely:—

"(2-A) In case the Secretary to Government in-charge of Finance, is unable to attend the meetings of the Syndicate, for any reason, he may depute any offi cer of his department, not below the rank of Deputy Secretary to Government to attend the meetings. The offi cer so deputed shall have the right to take part in the discussions of the meeting and shall have the right to vote.".

PART–XI.

AMENDMENTS TO THE THIRUVALLUVAR UNIVERSITY ACT, 2002.

Amendment of

Tamil Nadu Act 32 section 11.

of 2002.

26. In section 11 of the Thiruvalluvar University Act, 2002 (hereafter in this Part referred to as Tamil Nadu Act 32 of 2002), in sub-section (1), for the expression "Education", the expression "Higher Education" shall be substituted.

Amendment of

27. In section 23 of Tamil Nadu Act 32 of 2002,—

section 23.

(1) in clause (b), after item (1), the following item shall be inserted,

namely:—

"(1-A) The Secretary to Government in-charge of Finance;";

(2) after clause (c), the following clause shall be inserted, namely:—

"(cc) In case the Secretary to Government in-charge of Finance, is unable to attend the meetings of the Syndicate, for any reason, he may depute any offi cer of his department, not below the rank of Deputy Secretary to Government to attend the meetings. The offi cer so deputed shall have the right to take part in the discussions of the meeting and shall have the right to vote.".

PART–XII.

AMENDMENT TO THE ANNAMALAI UNIVERSITY ACT, 2013.

Amendment of

28. In section 19 of the Annamalai University Act, 2013,— Tamil Nadu Act section 19.

20 of 2013.

(1) in sub-section (2), under the heading "Class I–Ex-offi cio

Members.", after item (c), the following item shall be inserted, namely:—

"(cc) The Secretary to Government, in-charge of Finance;";

(2) in sub-section (4), in clause (a), after the expression "the Secretary to Government in-charge of Law", the expression "or the Secretary to Government in-charge of Finance" shall be inserted.

STATEMENT OF OBJECTS AND REASONS.

In the Higher Education Departmental Review meeting held on 21.12.2021, under the chairmanship of the Chief Secretary to Government, it was decided to include the Secretary to Government in-charge of Finance as one of the Syndicate Member in all the Universities, by bringing necessary amendment in the University Statutes 2. For the aforesaid purpose, the Government have, decided to amend the below mentioned University Laws, namely :-

(i) The Madurai-Kamaraj University Act, 1965 (Tamil Nadu Act 33 of 1965);

(ii) The Anna University Act, 1978 (Tamil Nadu Act 30 of 1978);

(iii) The Bharathiar University Act, 1981(Tamil Nadu Act 1 of 1982);

(iv) The Bharathidasan University Act, 1981(Tamil Nadu Act 2 of 1982);

(v) The Alagappa University Act, 1985 (Tamil Nadu Act 23 of 1985);

(vi) The Manonmaniam Sundaranar University Act, 1990 (Tamil Nadu Act 31 of 1990);

(vii) The Periyar University Act, 1997 (Tamil Nadu Act 45 of 1997);

(viii) The Tamil Nadu Open University Act, 2002 (Tamil Nadu Act 27 of 2002);

(ix) The Thiruvalluvar University Act, 2002 (Tamil Nadu Act 32 of 2002); and

(x) The Annamalai University Act, 2013 (Tamil Nadu Act 20 of 2013).

Further, in as much as the aforesaid Universities are now under the administrative control of Higher Education Department certain consequential amendments have also been proposed to be made to the said University Acts and to the Mother Teresa Women's University Act, 1984 (Tamil Nadu Act 15 of 1984).

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

D(cid:3482). K. PONMUDY, Minister for Higher Education.

Secretariat,

Chennai-600 009, K. SRINIVASAN,

18th October 2022. Secretary.

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill which was introduced in the Legislative Assembly of the Tamil Nadu on 18th October, 2022 is published together with Statement of Objects and Reasons for general information:-

L.A Bill No. 49 of 2022

A Bill further to amend the Tamil Nadu Universities Laws.

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:—

PART- I.

PRELIMINARY.

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

commencement.

(Third Amendment) Act, 2022.

(2) It shall come into force at once.

PART-II.

AMENDMENTS TO THE MADURAI-KAMARAJ UNIVERSITY ACT, 1965.

Tamil Nadu Act

Amendment of 33 of 1965.

section 6.

2. In section 6 of the Madurai-Kamaraj University Act, 1965 (hereafter in this Part referred to as the 1965 Act), in sub-section (1), in clause (a), the expression "a deaf-mute or suffering from leprosy" shall be omitted.

Amendment of 3. In section 43 of the 1965 Act, in sub-section (2), the expression "or

section 43.

deaf-mute or suffers from leprosy" shall be omitted.

PART-III.

AMENDMENTS TO THE BHARATHIAR UNIVERSITY ACT, 1981.

Tamil Nadu Act

Amendment of 1 of 1982.

section 6.

4. In section 6 of the Bharathiar University Act, 1981 (hereafter in this Part referred to as Tamil Nadu Act 1 of 1982), in sub-section (1), in clause (a), the expression "a deaf-mute or suffering from leprosy" shall be omitted.

Amendment of 5. In section 49 of Tamil Nadu Act 1 of 1982, in sub-section (2), the

section 49.

expression "or deaf-mute or suffers from leprosy" shall be omitted.

PAR-IV.

AMENDMENTS TO THE BHARATHIDASAN UNIVERSITY ACT, 1981.

Tamil Nadu Act

Amendment of 2 of 1982.

section 6.

6. In section 6 of the Bharathidasan University Act, 1981(hereafter in this Part referred to as Tamil Nadu Act 2 of 1982), in sub-section (1), in clause (a), the expression "a deaf-mute or suffering from leprosy" shall be omitted.

Amendment of 7. In section 49 of Tamil Nadu Act 2 of 1982, in sub-section (2), the

section 49.

expression "or deaf-mute or suffers from leprosy" shall be omitted.

PART-V.

AMENDMENTS TO THE MOTHER TERESA WOMEN'S UNIVERSITY ACT, 1984.

Amendment of

Tamil Nadu Act section 6.

15 of 1984.

8. In section 6 of the Mother Teresa Women's University Act, 1984 (hereafter in this Part referred to as the 1984 Act), in sub-section (1), in clause (a), the expression "or deaf-mute or suffering from leprosy" shall be omitted.

Amendment of

9. In section 41 of the 1984 Act, in sub-section (2), the expression "or

section 41.

deaf-mute or suffers from leprosy" shall be omitted.

PART-VI.

AMENDMENTS TO THE ALAGAPPA UNIVERSITY ACT, 1985.

Amendment of

Tamil Nadu Act section 7.

23 of 1985.

10. In section 7 of the Alagappa University Act, 1985 (hereafter in this Part referred to as the 1985 Act), in sub-section (1), in clause (a), the expression "a deaf-mute or suffering from leprosy" shall be omitted.

Amendment of

11. In section 55 of the 1985 Act, in sub-section (2), the expression "or

section 55.

deaf-mute or suffers from leprosy" shall be omitted.

PART-VII.

AMENDMENTS TO THE MANONMANIAM SUNDARANAR UNIVERSITY ACT, 1990.

Amendment of

Tamil Nadu Act section 6.

31 of 1990.

12. In section 6 of the Manonmaniam Sundaranar University Act, 1990 (hereafter in this Part referred to as the 1990 Act), in sub-section (1), in clause (a), the expression "or a deaf-mute" shall be omitted.

Amendment of

13. In section 49 of the 1990 Act, in sub-section (2), the expression "or

section 49.

deaf-mute" shall be omitted.

PART-VIII.

AMENDMENTS TO THE PERIYAR UNIVERSITY ACT, 1997.

Amendment of

Tamil Nadu Act section 6.

45 of 1997.

14. In section 6 of the Periyar University Act, 1997 (hereafter in this Part referred to as the 1997 Act), in sub-section (1), in clause (a), the expression "or a deaf-mute" shall be omitted.

Amendment of

15. In section 50 of the 1997 Act, in sub-section (2), the expression "or

section 50.

deaf-mute" shall be omitted.

PART-IX.

AMENDMENTS TO THE TAMIL NADU OPEN UNIVERSITY ACT, 2002.

Amendment of

Tamil Nadu Act section 18.

27 of 2002.

16. In section 18 of the Tamil Nadu Open University Act, 2002 (hereafter in this Part referred to as Tamil Nadu Act 27 of 2002), in sub- section (1), in clause (a), the expression "or a deaf-mute" shall be omitted.

Amendment of

17. In section 50 of Tamil Nadu Act 27 of 2002, in sub-section (2), the

section 50.

expression "or deaf- mute" shall be omitted.

PART-X.

AMENDMENTS TO THE THIRUVALLUVAR UNIVERSITY ACT, 2002.

Tamil Nadu Act

Amendment of 32 of 2002.

section 6.

18. In section 6 of the Thiruvalluvar University Act, 2002 (hereafter in this Part referred to as Tamil Nadu Act 32 of 2002), in sub-section (1), in clause (a), the expression "or a deaf-mute" shall be omitted.

Amendment of 19. In section 49 of Tamil Nadu Act 32 of 2002, in sub-section (2), the

section 49.

expression "or deaf- mute" shall be omitted.

PART-XI.

AMENDMENTS TO THE TAMIL NADU TEACHERS EDUCATION UNIVERSITY ACT, 2008.

Tamil Nadu Act

Amendment of 33 of 2008.

section 17.

20. In section 17 of the Tamil Nadu Teachers Education University Act, 2008 (hereafter in this Part referred to as the 2008 Act), in sub-section (1), in clause (a), the expression "or a deaf- mute" shall be omitted.

Amendment of 21. In section 47 of the 2008 Act, in sub-section (2), the expression "or

section 47.

deaf-mute" shall be omitted.

STATEMENT OF OBJECTS AND REASONS.

The Minister of Health and Family Welfare, Government of India, New Delhi has requested to amend the laws which discriminate against persons affected by leprosy. The Leprosy Mission Trust India, New Delhi has also made a similar request to the Government.

2. Further, according to section 3 of the Rights of Persons with Disabilities Act, 2016 (Central Act 49 of 2016), the Government shall ensure that the persons with disabilities enjoy the right of equality, life with dignity and respect for his or her integrity equally with others and no person with disability shall be discriminated on the ground of disability, unless it is shown that the impugned act or omission is a proportionate means of achieving a legitimate aim.

3. The below mentioned University Laws disqualify any person who is deaf-mute or suffering from leprosy for election or nomination as a member of any of the authorities of the Universities. Further, the said Acts also enable the Syndicate or the Senate or the Executive Council of those Universities, as the case may be, to remove any person from the membership of any authorities of the Universities, if he becomes deaf-mute or suffers from leprosy:-

(i) The Madurai-Kamaraj University Act, 1965 (Tamil Nadu Act 33 of 1965);

(ii) The Bharathiar University Act, 1981 (Tamil Nadu Act 1 of 1982);

(iii) The Bharathidasan University Act, 1981 (Tamil Nadu Act 2 of 1982);

(iv) The Mother Teresa Women's University Act, 1984 (Tamil Nadu Act 15 of 1984);

(v) The Alagappa University Act, 1985 (Tamil Nadu Act 23 of 1985);

(vi) The Manonmaniam Sundaranar University Act, 1990 (Tamil Nadu Act 31 of 1990);

(vii) The Periyar University Act, 1997 (Tamil Nadu Act 45 of 1997);

(viii) The Tamil Nadu Open University Act, 2002 (Tamil Nadu Act 27 of 2002);

(ix) The Thiruvalluvar University Act, 2002 (Tamil Nadu Act 32 of 2002); and

(x) The Tamil Nadu Teachers Education University Act, 2008 (Tamil Nadu Act 33 of 2008).

4. The Government have, therefore, decided to amend the aforesaid Acts suitably so as to omit the aforesaid disqualifi cations for being elected or nominated as a member of any of the authorities of the Universities.

5. The Bill seeks to give effect to the above decision.

D(cid:3482). K. PONMUDY,

Minister for Higher Education.

Secretariat,

Chennai-600 009,

K. SRINIVASAN, 18th October 2022. Secretary.

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following

Bill which was introduced in the Legislative Assembly of the Tamil Nadu on

18th October, 2022 is published together with Statement of Objects and Reasons

for general information:-

L.A Bill No. 50 of 2022

A Bill further to amend the Tamil Nadu Private

Colleges (Regulation) Act, 1976.

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 Private Colleges

commencement.

(Regulation) Amendment Act, 2022.

(2) It shall be deemed to have come into force on the 18th day of

December 2019.

President's Act

Amendment of 19 of 1976.

section 30-A.

2. In section 30-A of the Tamil Nadu Private Colleges (Regulation) Act, 1976 (hereinafter referred to as the principal Act), in the proviso to sub-section (1), for the expression "Seven years", the expression "ten years" shall be substituted.

Validation.

3. Notwithstanding anything contained in the principal Act, the continuance of the taking over of the management of the Chikkaiah Naicker College, Erode by the Government during the period commencing on the 18th day of December 2019 and ending with the date of publication of this Act, in the Tamil Nadu Government Gazette and anything done or any action taken by the Government, to continue the taking over of the management of the said college, during the said period, shall be deemed to have been validly done or taken under the principal Act, as amended by this Act.

STATEMENT OF OBJECTS AND REASONS.

Sub-section (1) of section 30 of the Tamil Nadu Private Colleges (Regulation) Act, 1976 (President's Act 19 of 1976), empowers the Government to take over the management of a private college in the interest of collegiate education, initially for a period of two years which may, however, be extended upto a period not exceeding ten years.

2. Similarly, sub-section (1) of section 30-A of the said Act also provides for the continuance of taking over of the management of the private college by the Government after the expiry of the said period of ten years, in a situation where the management could not be restored to the educational agency of the private college for the reason that a dispute regarding the constitution of the educational agency is pending in a civil court or where the person to whom the possession of the property of such private college is to be delivered cannot be found or for such other reasons, for a further period of one year, which may, however, be extended upto a period not exceeding seven years.

3. The management of a private college, namely, the Chikkaiah Naicker College, Erode was taken over by the Government under sub-section (1) of section 30 of the said President's Act 19 of 1976. Subsequently, the management of the said college was brought under the continued management of the Government under section 30-A of the said President's Act 19 of 1976. The period of seven years specifi ed in section 30-A of the said President's Act 19 of 1976, as amended by Tamil Nadu Act 9 of 2019, had expired on 18.12.2019.

4. Thereafter, in the interest of the welfare of students and teachers of the said college and in public interest, it was considered that the said college may be transferred and vested in the Government. Accordingly, the Chikkaiah Naicker College, Erode (Transfer and Vesting) Bill, 2022 (L.A. Bill No.16 of 2022) was passed by the Tamil Nadu Legislative Assembly and the Bill as passed by the Legislative Assembly has been reserved by the Hon'ble Governor for the consideration of the Hon'ble President. It is considered that the said college may be continued under the management of the Government, till the said college gets transferred and vested with the Government by virtue of the aforesaid proposed law. The Government, have therefore, decided to amend the said section 30-A of the said President's Act 19 of 1976, suitably for the purpose and to validate the continued taking over of the management of the said college beyond the 18th December 2019 and any other such colleges.

5. The Bill seeks to give effect to the above decision.

D(cid:3482). K. PONMUDY, Minister for Higher Education.

Secretariat,

Chennai-600 009, K. SRINIVASAN, 18th October 2022. Secretary.

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following

Bill which was introduced in the Legislative Assembly of the State of Tamil Nadu on

18th October, 2022 is published together with Statement of Objects and Reasons

for general information:-

L.A Bill No. 51 of 2022

A Bill to amend the Tamil Nadu Business Facilitation

Act, 2018.

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 Business Facilitation

commence- (Amendment) Act, 2022.

ment.

(2) It shall come into force at once.

Tamil Nadu Act

Amendment of 7 of 2018. 2. In section 2 of the Tamil Nadu Business Facilitation Act, 2018

section 2.

(hereinafter referred to as the principal Act),—

(1) clause (a) shall be re-lettered as clause (aa) and before clause

(aa) as so re-lettered, the following clause shall be inserted, namely:—

"(a) "acknowledgment certifi cate" means a certifi cate issued

by the Nodal Agency under clause (a) of sub-section (2) of section 11A;";

(2) for clause (l), the following clause shall be substituted,

namely:—

"(l) "Guidance" means the society formed by the Government and registered under the Tamil Nadu Societies Registration Act, 1975 (Tamil Nadu Act 27 of 1975) to facilitate setting up of enterprises in the State;";

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

namely:—

"(rr) "notifi ed enterprise" means any enterprise or a class or category of enterprise, as may be notifi ed by the Government, from time to time.".

Amendment of

section 3.

3. In section 3 of the principal Act, in sub-section (1), for the expression "the Guidance Bureau", the expression "the Guidance" shall be substituted.

Amendment of 4. In section 4 of the principal Act, in sub-section (1), in item (i), the

section 4.

following expression shall be added at the end, namely:—

"and issue acknowledgment certifi cate under clause (a) of sub-

section (2) of section 11A;".

Amendment of

section 5.

5. In section 5 of the principal Act, in sub-section (1), after the expression "the application for clearances", the expression "or issue of acknowledgment certifi cate" shall be inserted.

Amendment of

section 9.

6. In section 9 of the principal Act, in sub-section (1), for the expression "either in physical or electronic format", the expression "in electronic format" shall be substituted.

Insertion of new

7. After section 11 of the principal Act, the following section shall be

section 11A

inserted, namely:-

"11A. Acknowledgment Certifi cate.—(1) Any notifi ed enterprise, which intends to start a new activity or expand its activities, may submit a Combined Application Form together with self-certifi cation and such fee as may be prescribed through the single window portal.

(2) (a) On receipt of a Combined Application Form from a notifi ed enterprise under sub-section (1), the Nodal Agency shall issue an acknowledgment certifi cate to the applicant in such Form and within such time limit as may be prescribed;

(b) An acknowledgment certifi cate issued under clause (a), shall, for all purposes, have effect as if it is a clearance as defi ned in clause (c) of section 2, for such of the clearances as may be notifi ed by the Government, from time to time, for a period of three years from the date of its issue. Before expiry of the three year period, such enterprise shall obtain the clearances from the Competent Authority concerned;

(c) In the event of any violation of self-certifi cation, the acknowledgment

certifi cate shall be cancelled by the Nodal Agency:

Provided that no such cancellation shall be made unless the applicant

is given a reasonable opportunity of being heard.".

Amendment of

section 15.

8. In section 15 of the principal Act, in sub-section (1), for the expression "the Executive Vice-Chairperson, Guidance Bureau as the Chairman, Company Secretary, Guidance Bureau as the Member Convener", the expression "the Managing Director and Chief Executive Offi cer, Guidance as the Chairman, Executive Director, Guidance as the Member Convener" shall be substituted.

STATEMENT OF OBJECTS AND REASONS

The Tamil Nadu Business Facilitation Act, 2018 (Tamil Nadu Act 7 of 2018) has been enacted to provide for time-bound processing of applications and issue of clearances by various competent authorities for establishing or expanding an enterprise for the promotion of economic development of the State and for an investor-friendly environment in the State.

2. On the 13th August 2021, the Hon'ble Minister for Finance and Human Resources Management, while presenting the revised Budget for the year 2021–2022 in the Legislative Assembly, announced that the Tamil Nadu Business Facilitation Act, 2018 will be amended to enable new industrial units including micro, small and medium enterprises to establish and operate based on self-certifi cation without inspections and obtaining clearances under various State Laws for the initial three years. To give effect to the above said announcement, the Government have decided to amend the Tamil Nadu Business Facilitation Act, 2018 (Tamil Nadu Act 7 of 2018) suitably.

3. This Bill seeks to give effect to the above decision.

THANGAM THENNARASU,

Minister for Industries.

Secretariat,

Chennai-600 009,

K. SRINIVASAN, 18th October 2022.

Secretary.

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following

Bill which was introduced in the Legislative Assembly of the State of Tamil Nadu on

18th October, 2022 is published together with Statement of Objects and Reasons

for general information:-

L.A Bill No. 52 of 2022

A Bill further to amend the Tamil Nadu Transparency

in Tenders Act, 1998.

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 Transparency in

commencement.

Tenders (Amendment) Act, 2022.

(2) It shall come into force at once.

Tamil Nadu Act

Amendment of 2. In section 2 of the Tamil Nadu Transparency in Tenders Act, 1998

43 of 1998

Section 2.

(herein after referred to as the principle Act),

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

namely:-

"(aa) "domestic enterprise" means any enterprise located in the State, which manufactures or produces goods or provides or renders services within the State and which fulfi lls the criteria to qualify as a micro or small enterprise as may be notifi ed by the Central Government under clause (1) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006 (Central Act 27 of 2006).";

(2) after clause (aa) as so substituted, the following clause shall

be inserted, namely:-

"(aaa) "domestic enterprise owned by Scheduled Castes or

Scheduled Tribes" means—

(i) any domestic enterprise located in the State, which is owned by any person belonging to a Scheduled Caste or a Scheduled Tribe; or

(ii) any domestic enterprise, which is a fi rm or limited liability partnership, having its registered offi ce and place of business in the State, where not less than three-fourths of the partners belong to the Scheduled Castes or Scheduled Tribes; or

(iii) any domestic enterprise, which is a company having its

registered offi ce and place of business in the State where,--

(1) more than fi fty per cent. of the ordinary shareholdings pertain to persons belonging to the Scheduled Castes or Scheduled Tribes; and

(2) the control of the company, as defi ned in section 2 (27) of the Companies Act,2013 (Central Act 18 of 2013) vests with persons belonging to the Scheduled Castes or Scheduled Tribes";

(3) clause (ee) shall be relettered as clause (eee) and before clause (eee) as so relettered, the following clause shall be inserted, namely;-

"(ee) "Scheduled Castes" and "Scheduled Tribes" shall have the meanings assigned to them respectively under clauses (24) and (25) of Article 366 of the Constitution.";

(4) after clause (eee), the following clauses shall be

inserted, namely:-

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

Amendment of

3. In section 10 of the Principal Act, in sub-section (2), after the third

Section 10

proviso, the following proviso shall be added, namely:-

"Provided also that the Tender Accepting Authority shall accept the tender of the domestic enterprises owned by Scheduled Castes or Scheduled Tribes, not being the lowest tender, upon satisfaction of such conditions as may be prescribed, in respect of goods manufactured or produced and services provided or rendered by them, to the extent of fi ve per cent. of the total requirement in that procurement, if such enterprise is willing to match the price of the lowest tender.".

STATEMENT OF OBJECTS AND REASONS

The Tamil Nadu Transparency in Tenders Act, 1998 (Tamil Nadu Act 43 of 1998) was enacted to provide for transparency in the public procurement and to regulate the procedure in inviting and accepting tenders.

2. To encourage and incentivise the participation of Micro and Small enterprises owned by persons belonging the Scheduled Castes and Scheduled Tribes, in public procurement, the Government have decided to amend the said Tamil Nadu Act 43 of 1998, suitably.

3. the Bill seeks to give effect to the above decision.

D(cid:3482). PALANIVEL THIAGA RAJAN,

Minister for Finance

and Human Resources Management.

Secretariat,

Chennai-600 009,

K. SRINIVASAN, 18th October 2022.

Secretary.

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