TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

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

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2022

[Price: Rs. 11.20 Paise.

No. 488]

CHENNAI, TUESDAY, OCTOBER 18, 2022

Aippasi 1, Subakiruthu, Thiruvalluvar Aandu-2053

DTP—Ex-IV-1 (488)

Part IV—Section 1

Tamil Nadu Bills

CONTENTS

Pages.

BILLS:

No. 47 of 2022—The Tamil Nadu District Municipalities (Amendment) Act, 2022. ..

342-346

No. 48 of 2022—The Tamil Nadu Universities Laws (Second Amendment) Act, 2022.

347-354

No. 49 of 2022—The Tamil Nadu Universities Laws (Third Amendment) Act, 2022 ..

355-358

No. 50 of 2022—The Tamil Nadu Private Colleges (Regulation) Amendment Act, 2022. ..

359-360

No. 51 of 2022—The Tamil Nadu Business Facilitation (Amendment) Act, 2022.

361-364

No. 52 of 2022—The Tamil Nadu Transparency in Tenders (Amendment) Act, 2022.

365-367

[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.

Bඍ 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

commencement.

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

(Amendment) Act, 2022.

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

the 30th day of June 2022.

Insertion of new

section 3-UU.

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

1920, the following section shall be inserted, namely:-

Tamil Nadu Act

V of 1920.

3-UU. Appointment of Special Oﬃ cer 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.

Repeal and saving.

3. (1) The Tamil Nadu District Municipalities (Amendment)

Ordinance, 2022 is hereby repealed.

Tamil Nadu

Ordinance

2 of 2022.

(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.

Tamil Nadu Act

V of 1920.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

343

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.

344

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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 eﬀ ect 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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

345

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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

347

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.

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:—

PART-I.

PRELIMINARY.

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

(Second Amendment) Act, 2022.

Short title and

commencement.

(2) It shall come into force at once.

PART-II.

AMENDMENTS TO THE MADURAI-KAMARAJ UNIVERSITY

ACT, 1965.

Tamil Nadu Act

33 of 1965.

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.

Amendment of

section 10.

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.

348

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

PART-III.

AMENDMENT TO THE ANNA UNIVERSITY

ACT, 1978.

Amendment of

section 17.

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

Tamil Nadu Act

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

section 11.

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.

Tamil Nadu Act

1 of 1982.

Amendment of

section 24.

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

(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

section 11.

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.

Tamil Nadu Act

2 of 1982.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

349

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.

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.

Amendment of

section 32.

PART-VI.

AMENDMENTS TO THE MOTHER TERESA WOMEN’S UNIVERSITY

ACT, 1984.

Tamil Nadu Act

15 of 1984.

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

section 11.

12. In section 20 of the 1984 Act,

Amendment of

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.

13. In section 23 of the 1984 Act, —

Amendment of

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.

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.

Amendment of

section 31.

350

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

PART-VII.

AMENDMENTS TO THE ALAGAPPA UNIVERSITY

ACT, 1985.

Amendment of

section 12.

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.

Tamil Nadu Act

23 of 1985.

Amendment of

section 21.

16. In section 21 of the 1985 Act,—

(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

section 25.

17. In section 25 of the 1985 Act,—

(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

section 10.

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.

Tamil Nadu Act

31 of 1990.

Amendment of

section 23.

20. In section 23 of the 1990 Act,—

(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;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

351

(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.

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.

Amendment of

section 31.

PART-IX.

AMENDMENTS TO THE PERIYAR UNIVERSITY ACT, 1997.

Tamil Nadu Act

45 of 1997.

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

section 11.

23. In section 24 of the 1997 Act,—

Amendment of

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

27 of 2002.

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.

Amendment of

section 9.

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.”.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

PART–XI.

AMENDMENTS TO THE THIRUVALLUVAR UNIVERSITY

ACT, 2002.

Amendment of

section 11.

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.

Tamil Nadu Act 32

of 2002.

Amendment of

section 23.

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

(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

section 19.

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

Tamil Nadu Act

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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

353

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).

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

Dක. K. PONMUDY,

Minister for Higher Education.

Secretariat,

Chennai-600 009, K. SRINIVASAN,

18th October 2022. Secretary.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

355

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.

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:—

PART- I.

PRELIMINARY.

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

(Third Amendment) Act, 2022.

Short title and

commencement.

(2) It shall come into force at once.

PART-II.

AMENDMENTS TO THE MADURAI-KAMARAJ UNIVERSITY

ACT, 1965.

Tamil Nadu Act

33 of 1965.

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 suﬀ ering from leprosy” shall be omitted.

Amendment of

section 6.

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

deaf-mute or suﬀ ers from leprosy” shall be omitted.

Amendment of

section 43.

PART-III.

AMENDMENTS TO THE BHARATHIAR UNIVERSITY ACT, 1981.

Tamil Nadu Act

1 of 1982.

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 suﬀ ering from leprosy” shall be

omitted.

Amendment of

section 6.

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

expression “or deaf-mute or suﬀ ers from leprosy” shall be omitted.

Amendment of

section 49.

PAR-IV.

AMENDMENTS TO THE BHARATHIDASAN UNIVERSITY ACT, 1981.

Tamil Nadu Act

2 of 1982.

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 suﬀ ering from leprosy” shall be

omitted.

Amendment of

section 6.

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

expression “or deaf-mute or suﬀ ers from leprosy” shall be omitted.

Amendment of

section 49.

356

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

PART-V.

AMENDMENTS TO THE MOTHER TERESA WOMEN’S UNIVERSITY

ACT, 1984.

Amendment of

section 6.

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 suﬀ ering from leprosy” shall

be omitted.

Tamil Nadu Act

15 of 1984.

Amendment of

section 41.

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

deaf-mute or suﬀ ers from leprosy” shall be omitted.

PART-VI.

AMENDMENTS TO THE ALAGAPPA UNIVERSITY ACT, 1985.

Amendment of

section 7.

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 suﬀ ering from leprosy” shall be omitted.

Tamil Nadu Act

23 of 1985.

Amendment of

section 55.

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

deaf-mute or suﬀ ers from leprosy” shall be omitted.

PART-VII.

AMENDMENTS TO THE MANONMANIAM SUNDARANAR

UNIVERSITY ACT, 1990.

Amendment of

section 6.

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.

Tamil Nadu Act

31 of 1990.

Amendment of

section 49.

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

deaf-mute” shall be omitted.

PART-VIII.

AMENDMENTS TO THE PERIYAR UNIVERSITY ACT, 1997.

Amendment of

section 6.

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.

Tamil Nadu Act

45 of 1997.

Amendment of

section 50.

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

deaf-mute” shall be omitted.

PART-IX.

AMENDMENTS TO THE TAMIL NADU OPEN UNIVERSITY ACT, 2002.

Amendment of

section 18.

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.

Tamil Nadu Act

27 of 2002.

Amendment of

section 50.

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

expression “or deaf- mute” shall be omitted.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

357

PART-X.

AMENDMENTS TO THE THIRUVALLUVAR UNIVERSITY ACT, 2002.

Tamil Nadu Act

32 of 2002.

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

section 6.

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

expression “or deaf- mute” shall be omitted.

Amendment of

section 49.

PART-XI.

AMENDMENTS TO THE TAMIL NADU TEACHERS EDUCATION

UNIVERSITY ACT, 2008.

Tamil Nadu Act

33 of 2008.

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

section 17.

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

deaf-mute” shall be omitted.

Amendment of

section 47.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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 aﬀ ected by leprosy. The Leprosy Mission Trust India, New Delhi has also made a

similar request to the Government.

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.

The below mentioned University Laws disqualify any person who is deaf-mute or suﬀ ering 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 suﬀ ers 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).

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.

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

Dක. K. PONMUDY,

Minister for Higher Education.

Secretariat,

Chennai-600 009,

K. SRINIVASAN,

18th October 2022. Secretary.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

359

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.

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. (1) This Act may be called the Tamil Nadu Private Colleges

(Regulation) Amendment Act, 2022.

Short title and

commencement.

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

December 2019.

President’s Act

19 of 1976.

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.

Amendment of

section 30-A.

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.

Validation.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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 eﬀ ect to the above decision.

Dක. K. PONMUDY,

Minister for Higher Education.

Secretariat,

Chennai-600 009, K. SRINIVASAN,

18th October 2022. Secretary.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

361

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.

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. (1) This Act may be called the Tamil Nadu Business Facilitation

(Amendment) Act, 2022.

Short title and

commence-

ment.

(2) It shall come into force at once.

Tamil Nadu Act

7 of 2018.

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

(hereinafter referred to as the principal Act),—

Amendment of

section 2.

(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.”.

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

section 3.

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

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

Amendment of

section 4.

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

section (2) of section 11A;”.

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 5.

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.

Amendment of

section 9.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Insertion of new

section 11A

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

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 eﬀ ect as if it is a clearance as deﬁ ned in clause

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;

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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

363

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 eﬀ ect 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 eﬀ ect to the above decision.

THANGAM THENNARASU,

Minister for Industries.

Secretariat,

Chennai-600 009,

K. SRINIVASAN,

18th October 2022.

Secretary.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

365

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.

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 Transparency in

Tenders (Amendment) Act, 2022.

Short title and

commencement.

(2) It shall come into force at once.

Tamil Nadu Act

43 of 1998

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

(herein after referred to as the principle Act),

Amendment of

Section 2.

(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”;

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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

Section 10

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

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.”.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

367

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 eﬀ ect to the above decision.

Dක. PALANIVEL THIAGA RAJAN,

Minister for Finance

and Human Resources Management.

Secretariat,

Chennai-600 009,

K. SRINIVASAN,

18th October 2022.

Secretary.

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

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU