© GOVERNMENT OF TAMIL NADU 2022
[Regd. No. TN/CCN/467/2012-14.
[R. Dis. No. 197/2009.
[Price: Rs. 14.40 Paise.
| TAMIL NADU GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY EXTRAORDINARY | ||
No. 494] CHENNAI, WEDNESDAY, OCTOBER 19, 2022 Aippasi 2, Subakiruthu, Thiruvalluvar Aandu-2053
Part IV—Section 1
Tamil Nadu Bills
CONTENTS
Pages.
BILLS:
No. 53 of 2022—The Tamil Nadu Prohibition of Online Gambling and Regulation of Online
Games Act, 2022. .. .. .. .. .. 370-384 No. 54 of 2022—The Tamil Nadu Co-operative Societies (Fifth Amendment) Act, 2022. .. 385-386 No. 55 of 2022— The Tamil University (Second Amendment) Act, 2022. .. .. 387-388 No. 56 of 2022—The Tamil Nadu Prohibition (Amendment) Act, 2022. .. .. .. 389-392 No. 57 of 2022—The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and
Regulation of Trade and Commerce, Production, Supply and Distribution)
Tamil Nadu Amendment Act, 2022. .. .. .. .. 393-396 No. 58 of 2022—The Tamil Nadu Appropriation [No. 6] Act, 2022. .. .. .. 397-403 DTP—Ex-IV-1 (494)
[369]370 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 State of Tamil Nadu on
19th October, 2022 is published together with Statement of Objects and Reasons
for general information:—
L.A Bill No. 53 of 2022
A Bill to prohibit Online gambling and to regulate Online games in the State
of Tamil Nadu.
WHEREAS during the recent years online gaming addiction has led many
persons to incur unsustainable debt resulting in suicides;
AND WHEREAS addiction to online games have caused financial distress and
ruined many families;
AND WHEREAS gaming disorder, predominantly online, has been recognized
and included by the World Health Organisation (WHO), in its International
Classification of Diseases (11th Revision), which is characterised by a pattern of
persistent or recurrent gaming behaviour and is, manifested by impaired control over
gaming, increasing priority given to gaming over other activities and continuation of
gaming despite the occurrence of negative consequences in personal, family, social,
educational, occupational or other important areas of functioning;
AND WHEREAS the Hon'ble High Court of Madras by Common Order dated Tamil Nadu Act 1 03.08.2021 in W.P.No.18022 of 2020, etc, struck down Part II of the Tamil Nadu of 2021 Gaming and Police Laws (Amendment) Act, 2021, which banned wagering or betting
in cyber space, as ultra vires the Constitution, with liberty to bring in an appropriate
legislation conforming to the constitutional sense of propriety in the field of betting
and gambling by the State;
AND WHEREAS the Government constituted a Five Member Committee under
the Chairmanship of retired Hon'ble Justice Thiru K. Chandru to advise on enacting
a fresh legislation on online games;
AND WHEREAS the Committee in its report, taking into account the parameters
of physical space of operation, time of playing, players' relationship with other
players, addiction level, amount of money involved, level of economic activity, scale
of organisers' profit and role of credit, has observed that online version of any game
cannot be compared with the offline version of the game, except in cases of word
games or board games not involving any random outcome generator;
AND WHEREAS the said report further states that in the case of online version
of games including online rummy, the algorithm for the random generators are
known to the developers and hence are pseudo random generators; such games
can be played with bots (an autonomous program or character designed to interact
with systems or users); no mechanism is available for auditing the centralised
server architecture of the gaming systems; and artificial intelligence can be used to
manipulate the games and lure the players into continued indulgence;
AND WHEREAS the said report classifies the online games, into two types,
namely, one which have minimal or negligible randomness factor and another having
random event or count generators which are pseudo random and are addictively
designed and accordingly recommends to regulate the former and to ban the latter;
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 371AND WHEREAS in a recent survey conducted by the Government among more
than two lakh teachers of the School Education department, to study the effects of
online games on school students, more than seventy four per cent. of the teachers
responded that concentration of students is impacted, sixty seven per cent. of the
respondents said that they noticed eye defects, more than seventy four per cent. of
them said they noticed decrease in intelligent quotient, writing skills and creativity of
students, more than seventy six per cent. said they have noticed significant decrease
in self esteem of students, more than seventy seven per cent. said they have noticed
increase of anger in students and more than seventy two per cent. said they have
noticed indiscipline among students;
AND WHEREAS the Government, on seeking the view of the general public
on the proposed legislation, more than ninety nine per cent. that is, 10,708 out of
the total 10,735 mails received, have requested for imposing a total ban on online
games;
AND WHEREAS seventeen stakeholders comprising of representatives from
the online gaming industry, think tanks, political parties, players association and
social activists, who were provided an opportunity to express their views in person,
have put forth various suggestions and requests to the Government, such as, to
allow self regulation by the industry themselves, regulation by the Government,
to differentiate real money games and other forms of games, to provide age and
money restrictions, to ban advertisements, to prevent money laundering, to provide
grievance redressal mechanism and to provide a total ban on online games;
AND WHEREAS it is considered that the issues of online gaming and gambling
cannot be dealt with by the old binary of game of chance versus game of skill and
a new conceptual framework is needed which incorporates understanding of how
information technology operates at basic level, the critical difference between
physical and online in general and also between physical and online versions of
games;
AND WHEREAS it is an established scientific fact that true random outcome
is not feasible in a software and any randomness will depend upon the specific
algorithm written by the developer and that audit of the algorithm makes it difficult
to detect any hidden algorithm designed to favour the game provider and that
overlay of artificial intelligence in the online gaming can make the gaming scenario
completely unfair to the game player/customer, with the game service provider /
facilitator literally being able to hold all the cards; and that no scientifically validated
algorithm for testing of even pseudo randomness is available at present;
AND WHEREAS due to the inherent addictiveness by design of the online
games and the money being put in by the game players, the complete gaming
scenario amounts to an exploitative, addictive service, causing not only health
hazards but also social and economic harm of epidemic proportions;
AND WHEREAS many research studies on the effects of online gambling
and online gaming addiction on youth, have highlighted negative effects such as
development of aggressive behaviour, poor eye sight, reduced concentration,
diminished analytical thinking, decreased productivity and hence should be viewed
as a potent vice that would affect the long term prospects of the State and its
population;
AND WHEREAS the ruining of families and suicide deaths due to online gaming
addiction affects public health, disturbs social order and prejudices the maintenance
of public order;
372 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARYAND WHEREAS the Government, after careful consideration of the report of
the said Committee, the findings of the survey among school teachers, research
studies on the subject, and the views of the stakeholders and the general public,
have decided to enact a law to prohibit online gambling and to regulate online games
in the State;
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:-
CHAPTER-I.
PRELIMINARY.
Short title and
1. (1) This Act may be called the Tamil Nadu Prohibition of Online Gambling
commencement. and Regulation of Online Games Act, 2022.
(2) It shall come into force on such date as the State Government may by
notification appoint.
Definitions. 2. In this Act, unless the context otherwise requires,-
(a) "Appellate Authority" means the Appellate Authority established by the
Government under section 13;
(b) "appointed day" means the date appointed under sub-section (2) of
section 1;
(c) "Authority" means the Tamil Nadu Online Gaming Authority established
under section 3;
(d) "geo-blocking" means restricting users from accessing online content,
online applications or online services, based on the user's geographical location;
(e) "Government" means the State Government;
(f) "local online games provider" means an online games provider,—
(i) whose central management and control of the service is in this
State; or
(ii) whose service that is available for access by the customers, is
hosted in this State;
(g) "Non-local online games provider' means any online games service
provider who is not a local online games provider;
(h) "other stakes" means anything recognised as equivalent to money and
includes virtual credits, virtual coins, virtual tokens, virtual objects or any similar thing
that is purchased within, or as part of, or in relation to, an online game;
(i) "online gambling" means online wagering or betting and includes
playing of any online game of chance for money or other stakes, in any manner.
Explanation.— For the purpose of this clause, wagering or betting shall be
deemed to comprise the collection or soliciting of bets, the receipt or distribution of
winnings or prizes, in money or otherwise, in respect of any wager or bet, or any act
which is intended to aid or facilitate wagering or betting or such collection, soliciting,
receipt, or distribution;
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 373(j) "online gambling service" means a service, for online wagering or
betting or for any online game of chance and the customer of the service gives or
agrees to give money or put up any other stake for the purpose;
(k) "online game" means any game, whether or not there are other
participants in the game, that is played on an electronic or a digital device and
is managed and operated as a software through the internet or any other kind of
electronic or other technology for facilitating communication;
(l) "online game of chance" includes any online game which,—
(i) involves both an element of chance and an element of skill and the
element of chance dominates over the element of skill; or
(ii) involves an element of chance that can be eliminated only by
superlative skill; or
(iii) is a game that is presented as involving an element of chance; or
(iv) involves cards, dice, wheel or such other device, which works on
random outcome or event generator;
(m) "online games provider" means any person who provides a service for
the conduct of any online game;
(n) "online gaming server" means any mainframe computer or set of
computers, installed or maintained by the online games provider, that accepts,
processes, stores and validates transactions arising out of online gaming, and which
manages, monitors and controls the entire system of online gaming;
(o) "payment gateway" means, a service that authorises a user's transfer
of funds between banks or financial institutions to merchants without direct delivery
of bank or credit card account information;
(p) "prescribed" means prescribed by rules made under this Act;
(q) "regulations" means regulations made by the Authority under section 5;
(r) "Schedule" means the Schedule appended to this Act;
(s) "State" means the State of Tamil Nadu;
Central Act 21 of
(t) words and expressions used herein and not defined in this Act but
2000
defined in the Information Technology Act, 2000 shall have the meaning, respectively,
as assigned to them in that Act.
CHAPTER-II.
THE TAMIL NADU ONLINE GAMING AUTHORITY.
3. (1) The Government may, by notification, establish with effect from such Establishment date as may be specified in the notification, an Authority to be called the Tamil Nadu of Tamil Nadu Online Gaming Authority, to exercise the powers conferred on, and perform the Online Gaming functions assigned to it under this Act.
Authority.
374 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY(2) The Authority shall consist of the following Members nominated by
the Government, namely:-
(a) an officer, who has retired from a post not below the rank of Chief
Secretary to the Government - the Chairperson;
(b) an officer, who has retired from a post not below the rank of
Inspector General of Police – Member;
(c) an expert in the field of information technology – Member;
(d) an eminent psychologist - Member;
(e) an expert in the field of online gaming –Member.
(3) The Chairperson and Members of the Authority shall receive such
salary and allowances as may be determined by the Government.
(4) The Government may, in consultation with the Authority, provide such officers and employees, as deemed necessary, to the Authority, for the efficient discharge of its powers and functions under this Act.
4. (1) The Authority shall perform the following functions, namely:-
Functions of Authority.
(a) regulate online games;
(b) issue certificate of registration to local online games providers;
(c) identify online games of chance and recommend to the
Government, for inclusion in the Schedule;
(d) oversee the functioning of the online games providers in the
State;
(e) collect and maintain information and data with regard to the
activities of the online games providers;
(f) request the Government to take appropriate action as per the Information Technology Act, 2000, whenever deemed necessary, for the purposes of this Act;
(g) resolve grievances or complaints received against any online
games provider;
(h) send periodical reports to the Government in such manner as
may be prescribed;
(i) advise the Government on any matter regarding online gaming;
and
(j) perform such other functions as may be prescribed.
(2) The Authority may constitute such number of committees from among its members, as it deems fit, for the efficient discharge of its duties and performance of its functions under this Act.
Power to make regulations.
5. (1) The Authority may, by notification, with the previous approval of the Government, make regulations consistent with the provisions of this Act or the rules made thereunder, to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such regulations may provide for, —
(a) time limit, monetary limit, age restriction or such other restrictions
in regard to playing of online games; and
(b) procedure to regulate its own functions.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 3756. (1) The Authority, or any officer empowered by it, in order to perform Power to obtain the functions conferred on it by or under this Act, may take such steps as may be information.
necessary to obtain any information from any online games provider or online game
player.
(2) The Authority may give directions, requiring any online games provider
or person in-charge of any online gaming website, establishment or premises, where
any activity relating to online gaming is carried out to furnish such information as
deemed necessary.
Central Act V of
(3) The Authority shall, while discharging any of its functions under this
1908.
Act, have the same powers as are vested in a Civil Court while trying a suit under
the Code of Civil Procedure, 1908, in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person;
(b) receiving oral evidence on oath or written evidence on affidavits;
(c) requiring the discovery and production of any document;
(d) requisitioning of any public record or copy thereof from any court
or office;
(e) issuing summons for examination of witnesses or documents;
and
(f) any other matter, which may be prescribed.
CHAPTER-III.
GENERAL PROHIBITIONS.
7. (1) Online gambling is prohibited.
Prohibition of
online gambling (2) Playing of online games of chance specified in the Schedule, with
and of online money or other stakes is prohibited.
games of
chance.
(3) No online games provider shall provide online gambling service or
allow playing of any online game of chance specified in the Schedule, with money or
other stakes or playing of any other online game in contravention of the regulations,
in any form.
8. No person shall make or cause to make any advertisement in any media Prohibition of including electronic means of communication, in this State, which directly or indirectly advertisement.
promotes or induces any person to indulge in online gambling or play any online
game of chance specified in the Schedule, with money or other stakes.
9. No bank, financial institution or payment gateway provider shall engage in Prohibition of any transaction or authorization of funds towards payment for any online gambling transfer of funds.
or any online game of chance specified in the Schedule.
CHAPTER IV.
REGULATIONS FOR LOCAL ONLINE GAMES PROVIDERS.
10. (1) On and from the appointed day, no local online games provider shall Registration of provide any service for the conduct of any online game except in accordance with local online the certificate of registration duly obtained from the Authority.
games
providers.
376 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY(2) Every local online games provider providing any service for the conduct
of any online game, immediately before the appointed day, may continue to provide
such service, subject to the general prohibitions contained in Chapter III of this Act,
for a period not exceeding ninety days from the appointed day:
Provided that such local online games provider applies for registration
under this section within a period of thirty days from the appointed day.
(3) Every application for registration shall be made to the Authority in such
form along with such fee as may be prescribed.
(4) On receipt of an application under sub-section (3), the Authority may,
after making such enquiry as it deems necessary, either issue or refuse to issue a
certificate of registration:
Provided that no application for issue of certificate of registration shall be
refused, unless a reasonable opportunity of being heard is given to the applicant.
(5) Every certificate of registration shall be issued in such form as may be
prescribed, subject to the following conditions, namely:-
(a) The online games provider shall not provide, any online gambling
service or allow playing of any online game of chance specified in the Schedule, with
money or other stakes;
(b) The online games provider shall neither allow nor cause to be
allowed to play any online game in contravention of the regulations.
(6) The certificate of registration issued under sub-section (5) shall be
valid for a period of three years.
Suspension and
11. (1) If the Authority is satisfied, either on a reference made to it in this
revocation of behalf or otherwise that—
certificate of
(a) the certificate of registration issued under this Act, has been
registration.
obtained by misrepresentation or fraud;
(b) the holder of the certificate of registration has failed to comply with
the conditions, subject to which the certificate of registration has been issued; or
(c) the holder of certificate of registration has contravened any of the
provisions of this Act, the rules or the regulations,
then, without prejudice to any other proceeding to which the holder of the certificate
of registration may be liable, the Authority may, by an order after giving him an
opportunity to show cause, revoke the certificate of registration by giving reasons
therefor.
(2) Notwithstanding anything contained in sub-section (1), where the
Authority is of the prima facie view that the certificate of registration granted to the
online games provider must be suspended, the Authority may, do so for reasons to
be recorded in writing, at any time before revoking the certificate.
Appeal. 12. (1) Any person aggrieved by an order of the Authority revoking or suspending
the certificate of registration under section 11, may prefer an appeal, within fifteen
days from the date on which the order is communicated to him, to the Appellate
Authority:
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 377Provided that the Appellate Authority, may entertain the appeal after expiry
of the said fifteen days period, if it is satisfied that there was sufficient cause for not
filing it within that period.
(2) The Appellate Authority, after giving a reasonable opportunity of being
heard to the appellant, shall decide the appeal as expeditiously as possible, but in
any case not later than one month from the date of receipt of the appeal.
13. (1) The Government may, by notification, establish an Appellate Authority, Establishment which shall consist of a Chairperson and not more than two other members.
of Appellate
Authority.
(2) A person shall not be qualified for appointment as the Chairperson of
the Appellate Authority unless he is a retired Judge of a High Court, or is a person
who is qualified to be a Judge of a High Court.
(3) The qualifications for appointment of the members of the Appellate
Authority shall be such as may be prescribed.
(4) The Chairperson and the members of the Appellate Authority shall
receive such salary and allowances as may be determined by the Government.
(5) The Government may, in consultation with the Appellate Authority,
provide such officers and employees, as deemed necessary, to the Appellate
Authority, for the efficient discharge of its powers and functions under this Act.
(6) Subject to the provisions of this Act, the Appellate Authority may
regulate its own procedure.
CHAPTER-V.
REGULATIONS FOR NON-LOCAL ONLINE GAMES PROVIDERS.
14. (1) No Non-local online games provider shall,— (a) provide any online Restrictions.
gambling service;
(b) allow playing of any online game of chance specified in the
Schedule, with money or other stakes; or
(c) allow playing of any other online game contrary to the regulations,
in this State.
(2) No Non-local online games provider shall be deemed to have
contravened sub-section (1), if he has exercised due diligence or has provided
geo-blocking in this State for the purpose.
(3) For the purpose of sub-section (2), a Non-local online games provider
shall be deemed to have exercised due diligence if it had,--
(a) informed prospective customers that the State prohibits online
gambling and playing of certain online games to customers who are physically
present in this State;
(b) required the customers to enter into contracts with an express
condition that the customers shall not use the service, if they are physically present
in this State;
(c) required the customers to provide personal details sufficient
to establish that they were not physically present in this State;
378 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY(d) obtained data that indicated that the customers were not
physically present in this State when the relevant customer accounts were opened
and throughout the period when the service was provided to the customers; and
(e) taken all other reasonably practicable measures to ensure that no
person physically present in this State could have access to online gambling service
or to online games of chance prohibited under section 7.
Procedure to
15. (1) Any Non-local games provider who fails to comply with any of the
deal with non- restriction specified in section 14 shall be issued with a show cause notice by the
compliance of Authority in such form and manner, as may be prescribed, to furnish a reply within
restrictions.
such period as may be prescribed. If no reply is received or if the reply received
is not satisfactory, the Authority may proceed in accordance with sub-sections
(2) and (3).
(2) The Authority shall make a recommendation to the Government Central Act to request the Central Government, or as the case may be, the officer specially 21 of 2000.
authorized by the Central Government in this behalf, to exercise the power under
section 69-A of the Information Technology Act, 2000 to block access to persons in
this State to the service provided by the Non-local online games provider:
Provided that,—
(a) the Government may, for reasons to be recorded in writing,
refuse to act on the recommendation of the Authority; or
(b) where the Government accepts the recommendation of the
Authority, it shall ordinarily make a request to the Central Government within fifteen
days from the date of receipt of the recommendation.
(3) A copy of the recommendation made by the Authority under
sub-section (2), shall be provided to the Non-local online games provider concerned.
CHAPTER-VI.
OFFENCES AND PENALTIES.
Penalty for
16. (1) Any person who indulges in online gambling or plays any online game
contravention of of chance specified in the Schedule, with money or other stakes in contravention of
sections 7, 8, 10 section 7 or plays any other online game in contravention of the regulations shall be
and 14.
punished with imprisonment for a term which may extend to three months or with fine
which may extend to five thousand rupees or with both.
(2) Any person who makes or causes to make advertisement in any media,
in contravention of section 8, shall be punished with imprisonment for a term which
may extend to one year or with fine which may extend to five lakh rupees or with
both.
(3) Any person who provides, online gambling service or any online game
of chance specified in the Schedule with money or other stakes or any person who
contravenes the provisions of sub-section (1), (2) or (5) of section 10 or section 14
shall be punished with imprisonment for a term which may extend to three years or
with fine which may extend to ten lakh rupees or with both:
Provided that a Non-local online games provider shall be punished for
contravention of section14, only if the Central Government or an officer specially Central Act authorised by it in this behalf, exercises the power under section 69-A of the 21 of 2000 Information Technology Act, 2000.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 379(4) (a) If any person convicted of an offence under sub-section (2) is
again convicted of an offence under the same provision, he shall be punished with
imprisonment for the second and for every subsequent offence for a term which shall
not be less than one year, but may extend to three years and shall also be liable to
fine which shall not be less than five lakh rupees, but may extend to ten lakh rupees.
(b) If any person convicted of an offence under sub-section (3) is
again convicted of an offence under the same provision, he shall be punished with
imprisonment for the second and for every subsequent offence for a term which shall
not be less than three years, but may extend to five years and shall also be liable
to fine which shall not be less than ten lakh rupees, but may extend to twenty lakh
rupees.
17. No Court shall take cognizance of any offence punishable under this Act, Cognizance of rules or regulations made thereunder except upon complaint in writing made by a offences.
person authorized in this behalf by the Authority.
18. (1) Any officer specially empowered by the Government, by notification Power to in this behalf, may accept, from any person who has committed an offence under compound sub-section (1) of section 16, by way of composition of such offence, a sum of money offences.
not exceeding the maximum amount of fine specified for such offence but not less
than fifty per cent. of the said amount.
(2) On payment of such sum of money to such officer, the accused person,
if in custody, shall be discharged and no further proceedings shall be taken against
him in respect of such offence.
(3) The compounding of an offence under sub-section (1) shall be allowed
only once for any person.
19. (1) Where an offence under this Act has been committed by a company, Offences by every person who, at the time the offence was committed, was in-charge of, and was companies.
responsible to, the company for the conduct of the business of the company as well
as the company, shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such
person liable to any punishment, if he proves that the offence was committed without
his knowledge or that he had exercised all due diligence to prevent the commission
of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an
offence under this Act has been committed by a company and it is proved that the
offence has been committed with the consent or connivance of, or is attributable
to, any neglect on the part of any director, manager, secretary or other officer of
the company including key managerial personnel as defined in the Companies Act,
Central Act 18 of 2013, such director, manager, secretary or other officer including key managerial
2013
personnel, shall be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
Explanation.— For the purposes of this section, —
(a) "company" means any body corporate and includes a firm or other
association of individuals; and
(b) "director" in relation to a firm, means a partner in the firm.
380 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARYCHAPTER-VII.
MISCELLANEOUS.
Chairperson,
Central Act
XLV of 1860.
20. The Chairperson, every member of the Authority and of the Appellate Authority, officer or any other employee of the Authority and of the Appellate Authority shall, when acting or purporting to act in pursuance of any of the provision of this Act be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
members, officers and employees of Authority and Appellate Authority to be public servants.
Protection of
action taken in good faith.
21. No suit, prosecution or other legal proceeding shall lie against any public servant in respect of anything which is done in good faith or intended to be done in the discharge of his official functions or in exercise of his powers under this Act, the rules, or the regulations.
Act not in
22. The provisions of this Act shall be in addition to, and not in derogation, of the
provisions of any other law, for the time being in force.
derogation of any other law.
Presumption as
23. (1) For the purposes of this Act, any online game specified in the Schedule
shall be presumed to be an online game of chance.
to online game of chance and power to amend Schedule.
(2) The Government may, by notification, omit or add any online game in the Schedule, on the recommendation of the Authority and upon issue of such notification, the Schedule shall be deemed to be amended accordingly.
Power to make
24. (1) The Government may make rules for carrying out all or any of the
rules.
purposes of this Act.
(2) (a) All rules made under this Act shall be published in the Tamil Nadu Government Gazette and, unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.
(b) All notifications issued under this Act shall, unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.
(3) Every rule made or notification or order issued 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 the expiry of the session in which it is so placed or the next session, the Legislative Assembly makes any modification in any such rule or notification or order, or the Legislative Assembly decides that the rule or notification or order should not be made or issued, the rule or notification or order shall, thereafter, have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification or order.
Power to remove
difficulties.
25. If any difficulty arises in giving effect to any provision 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 may be necessary or expedient for removing the difficulty.
Provided that no such order shall be made after the expiry of two years
from the date of the commencement of this Act.
Repeal. 26. The Tamil Nadu Prohibition of Online Gambling and Regulation of Online Tamil Nadu Games Ordinance, 2022 is hereby repealed.
Ordinance 4 of 2022.
THE SCHEDULE.
[SEE SECTION 23]
ONLINE GAMES OF CHANCE
(1) Rummy
(2) PokerTAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 381
STATEMENT OF OBJECTS AND REASONS
The State has the responsibility to protect the mental health of citizens and to guard against the ill-effects of gambling in any form, including betting. In this light, the State has maintained a long-standing policy of prohibiting in-person gambling and betting as reflected in the Tamil Nadu Gaming Act, 1930 (Tamil Nadu Act III of 1930) and the Chennai City Police Act, 1888 (Tamil Nadu Act III of 1888). The spread of online gaming, especially addictive online games and gambling games played via the Internet, threatens to undo the efforts of the State. Firstly, gambling by means of electronic communication is available at all hours, from any place, and to any person who is able to access a device capable of remote communication. Secondly, online gambling often involves players competing with non-human /virtual participants, which are controlled by a variety of computer algorithms.
The degree of chance or skill involved in such remote games cannot be assessed independent of the relevant algorithm or program. Lastly, remote gambling often takes place by means of virtual currencies and tokens, bypassing the State's financial surveillance. Thus the online gambling considerably affects mental health of the people and has left many families in financial distress, and would affect the long term prospects of the State and its population.
2. Similarly, studies show that other online games not involving gambling and betting also have negative consequences in personal, family, social, educational, occupational or other important areas of functioning of common people. Further, the school students are also affected by these games resulting in decreasing Intelligent Quotient, writing skills and creativity.
3. Thus, online gambling and online games are addictive in nature and increase the threat to public order manifold, while posing difficulties in terms of designing appropriate regulation. A Committee headed by retired High Court Judge Thiru. K. Chandru, which was constituted to advise the Government on enacting a fresh legislation on online games, has in its report, taking into account various parameters has observed that online version of any game cannot be compared with the offline version of the game, except in cases of word games or board games not involving any random outcome generator and that online games of chance involving random generators are known to the developers and hence are pseudo random generators; such games can be played with bots; no mechanism is available for auditing such gaming systems; and artificial intelligence can be used to manipulate the games and lure the players into continued indulgence.
4. On careful consideration of the report of the said Committee, the findings of a survey among school teachers on the effects of online games on Government school students, research studies on the subject and the views of the stakeholders and general public and after having examined various legislative options at its disposal, the Government decided to prohibit online gambling and to regulate online games. Accordingly, the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Ordinance, 2022 (Tamil Nadu Ordinance 4 of 2022) was promulgated by the Honorable Governor on the 1st October 2022 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 3rd October 2022.
5. The Bill seeks to replace the aforesaid Ordinance.
M.K. STALIN, Chief Minister.
382 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARYSTATEMENT UNDER RULE 168 OF THE TAMIL NADU LEGISLATIVE ASSEMBLY RULES EXPLAINING
THE CIRCUMSTANCES WHICH NECESSITATED THE PROMULGATION OF THE TAMIL NADU PROHIBITION
OF ONLINE GAMBLING AND REGULATION OF ONLINE GAMES ORDINANCE, 2022 (TAMIL NADU
ORDINANCE 4 OF 2022)
The State has the responsibility to protect the mental health of citizens and to guard against the ill-effects of gambling in any form, including betting. In this light, the State has maintained a long-standing policy of prohibiting in-person gambling and betting as reflected in the Tamil Nadu Gaming Act, 1930 (Tamil Nadu Act III of 1930) and the Chennai City Police Act, 1888 (Tamil Nadu Act III of 1888). The spread of online gaming, especially addictive online games and gambling games played via the Internet, threatens to undo the efforts of the State. Firstly, gambling by means of electronic communication is available at all hours, from any place, and to any person who is able to access a device capable of remote communication. Secondly, online gambling often involves players competing with non-human /virtual participants, which are controlled by a variety of computer algorithms.
The degree of chance or skill involved in such remote games cannot be assessed independent of the relevant algorithm or program. Lastly, remote gambling often takes place by means of virtual currencies and tokens, bypassing the State's financial surveillance. Thus the online gambling considerably affects mental health of the people and has left many families in financial distress, and would affect the long term prospects of the State and its population.
2. Similarly, studies show that other online games not involving gambling and betting also have negative consequences in personal, family, social, educational, occupational or other important areas of functioning of common people. Further, the school students are also affected by these games resulting in decreasing Intelligent Quotient, writing skills and creativity.
3. Thus, online gambling and online games are addictive in nature and increase the threat to public order manifold, while posing difficulties in terms of designing appropriate regulation. A Committee headed by retired High Court Judge Thiru. K. Chandru, which was constituted to advise the Government on enacting a fresh legislation on online games, has in its report, taking into account various parameters has observed that online version of any game cannot be compared with the offline version of the game, except in cases of word games or board games not involving any random outcome generator and that online games of chance involving random generators are known to the developers and hence are pseudo random generators; such games can be played with bots; no mechanism is available for auditing such gaming systems; and artificial intelligence can be used to manipulate the games and lure the players into continued indulgence.
4. On careful consideration of the report of the said Committee, the findings of a survey among school teachers on the effects of online games on Government school students, research studies on the subject and the views of the stakeholders and general public and after having examined various legislative options at its disposal, the Government decided to prohibit online gambling and to regulate online games.
5. 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 Prohibition of Online Gambling and Regulation of Online Games Ordinance, 2022 (Tamil Nadu Ordinance 4 of 2022) was promulgated by the Honorable Governor on the 1st October 2022 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 3rd October 2022.
M.K. STALIN, Chief Minister.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 383MEMORANDUM REGARDING DELEGATED LEGISLATION
Clauses 1(2), 3 (1) & (3), 4 (1)(h)&(j), 5(1), 6(3), 10(3), 10(5), 13(1), 13(3), 13 (4), 15(1), 18(1), 23(2), 24(1) and 25 of the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Bill, 2022 authorise the Government, the Tamil Nadu Online Gaming Authority and the Tamil Nadu Online Gaming Appellate Authority to issue notifications or orders or to make rules or regulations, as the case may be to carry out the purposes specified therein.
2. The powers delegated are normal and not of an exceptional character.
M.K. STALIN, Chief Minister.
384 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARYFINANCIAL MEMORANDUM
The Bill when enacted and brought into operation would involve expenditure from the Consolidated Fund of the State. It is not possible at this stage to estimate with any degree of accuracy the expenditure to be incurred from the Consolidated Fund of the State as a result of the proposed legislation.
M.K. STALIN, Chief Minister.
Secretariat,
Chennai-600 009, K. SRINIVASAN, 19th October 2022. Secretary.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 385Under 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
19th October, 2022 is published together with Statement of Objects and Reasons
for general information:-
L.A Bill No. 54 of 2022
A Bill further to amend the Tamil Nadu Co-operative Societies Act, 1983.
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. (1) This Act may be called the Tamil Nadu Co-operative Societies Short title and (Fifth Amendment) Act, 2022.
commencement.
(2) It shall come into force at once.
Tamil Nadu Act 30 of
2. In section 34 of the Tamil Nadu Co-operative Societies Act, 1983, in Amendment to 1983.
sub-section (1), in clause (c), sub-clause (ii) shall be renumbered as sub-clause section 34.
(iii) and before sub-clause (iii) as so renumbered, the following sub-clause and
proviso shall be inserted, namely:—
"(ii) is employed in any co-operative society or is a Government servant
engaged in the administration or audit of co-operative societies:
Provided that the disqualification in sub-clause (ii) shall not apply to a person
from being elected or nominated as a member of a board of any registered society
composed exclusively of such employees of the co-operative society or of such
Government servants; or".
386 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARYSTATEMENT OF OBJECTS AND REASONS.
Sub-section (1) of Section 34 of the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983), among others, disqualifies a person who was employed in any co-operative society or was a Government servant engaged in the administration or audit of co-operative societies and a period of two years has not elapsed since then, from being elected or nominated as a member of a board of any registered society. But, the said section does not disqualify a person who is presently employed in a co-operative society or a Government servant engaged in the administration or audit of co-operative societies from being elected or nominated as a member of a board of any registered society.
2. The Government have, therefore, decided to remove this lacuna by amending the said Tamil Nadu Act 30 of 1983 suitably.
3. The Bill seeks to give effect to the above decision.
I. PERIYASAMY, Minister for Co-operation.
Secretariat,
Chennai-600 009, K. SRINIVASAN, 19th October 2022. Secretary.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 387Under 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
19th October, 2022 is published together with Statement of Objects and Reasons
for general information:-
L.A Bill No. 55 of 2022
A Bill further to amend the Tamil University Act, 1982.
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. (1) This Act may be called the Tamil University (Second Amendment) Act, Short title and 2022.
commencement.
(2) It shall come into force at once.
Tamil Nadu Act
2. In section 12 of the Tamil University Act, 1982 (hereinafter referred to as the Amendment of 9 of 1982.
principal Act),—
section 12.
(1) in sub-section (1),—
(a) for the expression "Chancellor", the expression "Government" shall
be substituted;
(b) in the proviso, for the expressions "the Chancellor" and "he", the
expressions "the Government" and "they" shall, respectively, be substituted;
(2) in sub-section (2), —
(a) for clause (i), the following clause shall be substituted, namely:--
"(i) two nominees of the Government, of whom, one shall be a retired
Judge of the Supreme Court or a High Court, and another shall be a retired or
serving officer of the State Government not below the rank of Principal Secretary to
Government or an eminent educationist";
(b) clause (ii) shall be omitted;
(3) in sub-section (2-A), in clause (ii), the expression "in consultation with
the Chancellor" shall be omitted;
(4) in sub-section (2-B), the expression "the Chancellor" shall be omitted;
(5) in sub-section (2-D), for the expression "the Chancellor" occurring in
three places, the expression "the Government" shall be substituted;
(6) in the second proviso to sub-section (3), in clauses (a) and (b), for the
expression "the Chancellor", the expression "the Government" shall be substituted;
(7) in sub-section (4), for the expression "the Chancellor", the expression
"the Government" shall be substituted;
3. After section 12 of the principal Act, the following section shall be inserted,
namely:-
"12-A. Removal of Vice-Chancellor.— The Vice-Chancellor shall not be removed Insertion of new from his office except by an order of the Government passed on the ground of wilful section 12-A.
omission or refusal to carry out the provisions of this Act or abuse of the powers
vested in him. In a case where it is proposed to remove the Vice-Chancellor, the
Government shall order an inquiry by such a person who is or has been,-
(i) a Judge of the High Court; or
(ii) an officer of the Government, not below the rank of the Chief Secretary
to Government,
in which the Vice-Chancellor shall be given an opportunity to make a representation.
On consideration of the inquiry report, the Vice-Chancellor shall be furnished a copy of
the inquiry report and called upon to submit his further representation, if any thereon,
before making an order of removal.".
388 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARYSTATEMENT OF OBJECTS AND REASONS
Earlier, in line with certain State University Laws of Gujarat, Telengana and Karnataka States, the Government decided to empower themselves to appoint the Vice-Chancellors of the State Universities and accordingly the Tamil Nadu Universities (Amendment) Bills, 2022 (L.A. Bill No.24 of 2022) for amending twelve State University Laws was passed in the Legislative Assembly of the State on the 25th April, 2022. In line with the aforesaid decision, the Government have also decided to amend the Tamil University Act, 1982 (Tamil Nadu Act 9 of 1982) suitably for the purpose.
2. The Bill seeks to give effect to the above decision.
THANGAM THENARASU, Minister for Industries.
Secretariat,
Chennai-600 009, K. SRINIVASAN, 19th October 2022. Secretary.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 389Under 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
19th October, 2022 is published together with Statement of Objects and Reasons
for general information:-
L.A Bill No. 56 of 2022
A Bill further to amend the Tamil Nadu Prohibition Act, 1937.
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. (1) This Act may be called the Tamil Nadu Prohibition (Amendment) Short title and Act, 2022.
commencement.
(2) It shall be deemed to have come into force on the 5th day of
September 2022.
Tamil Nadu Act
2. In section 18-BB of the Tamil Nadu Prohibition Act, 1937 (hereinafter Amendment of X of 1937.
referred to as the principal Act), for the expression, "rupees four hundred and fifty", section 18-BB.
the expression "rupees one thousand" shall be substituted.
Repeal and saving. 3. (1) The Tamil Nadu Prohibition (Amendment) Ordinance, 2022 is hereby Tamil Nadu repealed.
Ordinance
3 of 2022.
(2) Notwithstanding such repeal, anything done or any action taken
under the principal Act, as amended by the said Ordinance, shall be deemed to have
been done or taken under the principal Act, as amended by this Act.
390 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARYSTATEMENT OF OBJECTS AND REASONS.
At present, Special fee is levied on all excisable articles namely, Indian Made Foreign Spirits, Wine and Beer brought into the State of Tamil Nadu including crossing the Customs Frontiers of India at such rate not exceeding rupees four hundred and fifty per proof litre, as the Government, may, from time to time, by notification specify, under section 18-BB of the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937). The maximum rate was notified by the Government in the year 2014 and no enhancement of the Special fee was effected since then. In order to augment the revenue of the State, it was decided to enhance the maximum rate of Special fee leviable on all such excisable articles from Rs.450/- (Rupees Four hundred and fifty only) per proof litre to Rs.1000/- (Rupees One thousand only) per proof litre. Accordingly, the Tamil Nadu Prohibition (Amendment) Ordinance, 2022 (Tamil Nadu Ordinance 3 of 2022) was promulgated by the Hon'ble Governor on the 2nd September 2022 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 5th September 2022.
2. The Bill seeks to replace the above said Ordinance.
V SENTHILBALAJI, Minister for Electricity,
Prohibition and Excise.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 391STATEMENT UNDER RULE 168 OF THE TAMIL NADU LEGISLATIVE ASSEMBLY RULES EXPLAINING THE
CIRCUMSTANCES WHICH NECESSITATED THE PROMULGATION OF THE TAMIL NADU PROHIBITION
ORDINANCE, 2022 (TAMIL NADU ORDINANCE 3 OF 2022).
At present, Special fee is levied on all excisable articles namely, Indian Made Foreign Spirits, Wine and Beer brought into the State of Tamil Nadu including crossing the Customs Frontiers of India at such rate not exceeding rupees four hundred and fifty per proof litre, as the Government, may, from time to time, by notification specify, under section 18-BB of the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937). The maximum rate was notified by the Government in the year 2014 and no enhancement of the Special fee was effected since then. In order to augment the revenue of the State, it was decided to enhance the maximum rate of Special fee leviable on all such excisable articles from Rs.450/- (Rupees Four hundred and fifty only) per proof litre to Rs.1000/- (Rupees One thousand only) per proof litre. Therefore, the Government decided to amend the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937) suitably for the purpose.
2. 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 Prohibition (Amendment) Ordinance, 2022 (Tamil Nadu Ordinance 3 of 2022) was promulgated by the Hon'ble Governor on the 2nd September 2022 and the same was published in the Tamil Nadu Government Gazette Extraordinary, dated the 5th September 2022.
V SENTHILBALAJI, Minister for Electricity,
Prohibition and Excise.
Secretariat,
Chennai-600 009, K. SRINIVASAN, 19th October 2022. Secretary.
392 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 393Under 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
19th October, 2022 is published together with Statement of Objects and Reasons
for general information:-
L.A Bill No. 57 of 2022
A Bill to amend the Cigarettes and other Tobacco Products (Prohibition
of Advertisement and Regulation of Trade and Commerce, Production,
Supply and Distribution) Act, 2003, in its Application to the State of
Tamil Nadu.
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. (1) This Act may be called the Cigarettes and Other Tobacco Products
(Prohibition of Advertisement and Regulation of Trade and Commerce, Production,
Short title and commence- ment.
Supply and Distribution) Tamil Nadu Amendment Act, 2022.
(2) It shall come into force on such date as the State Government may,
by notification, appoint.
Central Act
2. In section 3 of the Cigarettes and Other Tobacco Products (Prohibition of Amendment of 34 of 2003.
section 3.
Advertisement and Regulation of Trade and Commerce, Production, Supply and
Distribution) Act, 2003 (hereinafter referred to as the principal Act), after clause
(e), the following clause shall be inserted, namely:—
"(ee) "hookah bar" means an establishment where people gather to
smoke tobacco from a communal hookah or narghile which is provided individually;"
3. After section 4 of the Principal Act, the following section shall be inserted, Insertion of new
section 4A.
namely:—
"4A.Prohibition of hookah bar.—Notwithstanding anything contained in this Act, no person shall, either on his own or on behalf of any other person, open
or run any hookah bar or serve hookah to the customers in any place including
a eating house.
Explanation.—"eating house" means any place where food or refreshment of any kind, not including spirits, wines, ale, beer or other malt liquors, are provided
for casual visitors and sold for consumption therein.".
4. In section 12 of the principal Act, in sub-section (1),—
Amendment of section 12.
(i) in clause (b), after the expression, "or is being made", the expression;
"or" shall be added;
(ii) after clause (b), as so amended, the following clause shall be added,
namely:—
"(c) where any hookah bar is being run.".
5. After section 13 of the principal Act, the following section shall be inserted,
Insertion of new section 13A.
namely:—
"13A. Power to seize.—If any police officer, not below the rank of a Sub-Inspector, authorised by the State Government, has reason to believe that
the provisions of section 4A have been or are being contravened, he may seize
any material or article used as a subject or means of hookah bar.".
394 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY6. After section 21 of the principal Act, the following section shall be inserted,
Insertion of new section 21A.
namely:—
"21A. Punishment for running hookah bar.—Whoever contravenes the provisions of section 4A shall be punished with imprisonment for a term which
shall not be less than one year, but may extend to three years and shall also be
liable to fine which shall not be less than twenty thousand rupees, but may extend
to fifty thousand rupees.".
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 395STATEMENT OF OBJECTS AND REASONS.
The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (Central Act 34 of 2003) provides for regulation of trade and commerce in, and production, supply and distribution of, cigarettes and other tobacco products.
2. It has been brought to the notice of the Government that, Hookah bars have mushroomed on a large scale in Chennai city, causing severe health hazards. Several restaurants allow consumption of Hookah in the smoking zones / areas under the pretext of providing service. At present, there is no law to regulate hookah bars in the State.
3. The Government have therefore decided to prohibit hookah bars, and to provide penalty with imprisonment upto three years and fine which may extend to fifty thousand rupees, for contravention, by amending the Cigarettes and Other Tobacco products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (Central Act 34 of 2003) suitably in its application to the State of Tamil Nadu.
4. The Bill seeks to give effect to the above decision.
Ma. SUBRAMANIAN, Minister for Health and Family Welfare.
Secretariat,
Chennai-600 009, K. SRINIVASAN, 19th October 2022. Secretary.
396 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 397Under 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
19th October, 2022 is published together with Statement of Objects and Reasons
for general information:-
L.A. Bill No. 58 of 2022
Fund of the State for the services and purposes of the financial year which commenced
on the 1st day of April 2022.
A A Bill to provide for the appropriation of certain further moneys out of the Consolidated
Bill to provide for the appropriation of certain further moneys out of the Consolidated Fund
of the State for the services and purposes of the financial year which commenced on the 1st
day of April 2022.
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:-
Short title.
1. This Act may be called the Tamil Nadu Appropriation [No. 6] Act, 2022.
2. The State Government may appropriate out of the Consolidated Fund of the State for the services and purposes of the financial year which commenced on the 1st day of April 2022, a further sum not exceeding Three Thousand Seven Hundred Ninety-Five Crores Seventy-One Lakhs Seventy-Three Thousand rupees, being moneys required to meet-
(a) the supplementary grants made by the Tamil Nadu Legislative Assembly for that year, as set forth in column (3) of the Schedule; and
S u p p l e m e n t a r y appropriation out of the Consolidated Fund of the State for the services and purposes of the finan cia l ye a r which commenced on the 1st day of April 2022.
(b) the supplementary expenditure charged on the Consolidated Fund of the State for that year, as set forth in column (4) of the Schedule.
398 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY2
THE SCHEDULE.
(See section 2).
Sums not exceeding
Services and Purposes
Total
Demand
Number
Charged on the
Consolidated
Fund of the State
Voted by the
Legislative
Assembly
(1)
(2)
(3) (4) (5) ₹ ₹ ₹
20,62,000
001 STATE LEGISLATURE
20,65,000 3,000Revenue
...
...
...
Capital
...
...
Loan ...
2,10,86,000
GOVERNOR AND COUNCIL OF MINISTERS 002
2,10,86,000 ...Revenue
...
...
...
Capital
...
...
Loan ...
14,30,33,000
003
16,30,59,000 ADMINISTRATION OF JUSTICE 2,00,26,000Revenue
...
...
...
Capital
...
...
Loan ...
28,29,000
004 ADI-DRAVIDAR AND TRIBAL WELFARE DEPARTMENT
28,49,000 20,000Revenue
2,000 2,000 ...
Capital
...
...
Loan ...
27,70,000
005 AGRICULTURE AND FARMER'S WELFARE DEPARTMENT
14,29,82,000 14,02,12,000Revenue
...
...
...
Capital
006 ANIMAL HUSBANDRY (Animal Husbandry, Dairying, Fisheries and Fishermen Welfare Department)
... 252,28,89,000
Loan 252,28,89,000
... 14,50,30,000 14,50,30,000Revenue
2,000 ... 2,000
Capital
007
... 1,000
Loan 1,000
... 33,28,56,000 33,28,56,000Revenue
1,000 ... 1,000
Capital
FISHERIES AND FISHERMEN WELFARE (Animal Husbandry, Dairying, Fisheries and Fishermen Welfare Department)
008 DAIRY DEVELOPMENT (Animal Husbandry, Dairying, Fisheries and Fishermen Welfare Department)
...
...
Loan ...
... 15,00,00,000 15,00,00,000Revenue
...
...
...
Capital
009
...
...
Loan ...
... 1,76,22,000 1,76,22,000Revenue
315,57,17,000 ... 315,57,17,000
Capital
BACKWARD CLASSES, MOST BACKWARD CLASSES AND MINORITIES WELFARE DEPARTMENT
010 COMMERCIAL TAXES (Commercial Taxes and Registration Department)
...
...
Loan ...
... 37,95,41,000 37,95,41,000Revenue
...
...
...
Capital
011 STAMPS AND REGISTRATION (Commercial Taxes and Registration Department)
...
...
Loan ...
... 24,21,000 24,21,000Revenue
...
...
...
Capital
012 CO-OPERATION (Co-operation, Food and Consumer Protection Department)
...
...
Loan ...
... 3,000 3,000Revenue
...
...
...
Capital
...
...
Loan ...
3 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 399Sums not exceeding
Services and Purposes
Total
Demand
Number
Voted by the
Legislative
Assembly
Charged on the
Consolidated
Fund of the State
(1)
(2)
013
(3) (4) (5) ₹ ₹ ₹
... 7,000 7,000Revenue
...
...
...
Capital
FOOD AND CONSUMER PROTECTION (Co-operation , Food and Consumer Protection Department)
014 ENERGY DEPARTMENT
...
...
Loan ...
... 1,000 1,000Revenue
...
...
...
Capital
015
...
...
Loan ...
... 1,000 1,000Revenue
...
...
...
Capital
ENVIRONMENT AND CLIMATE CHANGE (Environment, Climate Change and Forests Department)
FINANCE DEPARTMENT
016
... 40,00,000
Loan 40,00,000
... 1,22,52,000 1,22,52,000Revenue
2,35,01,000 ... 2,35,01,000
Capital
017 HANDLOOMS AND TEXTILES (Handlooms, Handicrafts, Textiles and Khadi Department)
...
...
Loan ...
... 5,000 5,000Revenue
...
...
...
Capital
018
...
...
Loan ...
... 54,11,000 54,11,000Revenue
...
...
...
Capital
KHADI, VILLAGE INDUSTRIES AND HANDICRAFTS (Handlooms, Handicrafts, Textiles and Khadi Department)
019
...
...
Loan ...
... 2,94,92,000 HEALTH AND FAMILY WELFARE DEPARTMENT 2,94,92,000Revenue
19,05,89,000 ... 19,05,89,000
Capital
020
...
...
Loan ...
... 9,16,07,000 HIGHER EDUCATION DEPARTMENT 9,16,07,000Revenue
3,00,00,000 ... 3,00,00,000
Capital
021
...
...
Loan ...
... 8,000 HIGHWAYS AND MINOR PORTS DEPARTMENT 8,000Revenue
351,26,13,000 18,47,46,000 369,73,59,000
Capital
...
...
Loan ...
20,00,00,000
022
39,02,37,000 POLICE (Home, Prohibition and Excise Department) 19,02,37,000Revenue
1,000 ... 1,000
Capital
023 FIRE AND RESCUE SERVICES (Home, Prohibition and Excise Department)
...
...
Loan ...
... 4,000 4,000Revenue
...
...
...
Capital
024 PRISONS AND CORRECTIONAL SERVICES (Home, Prohibition and Excise Department)
...
...
Loan ...
... 5,000 5,000Revenue
...
...
...
Capital
026 HOUSING AND URBAN DEVELOPMENT DEPARTMENT
...
...
Loan ...
... 168,00,05,000 168,00,05,000Revenue
1,000 ... 1,000
Capital
...
...
Loan ...
4 400 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARYSums not exceeding
Services and Purposes
Total
Demand
Number
Voted by the
Legislative
Assembly
Charged on the
Consolidated
Fund of the State
(1)
(2)
027 INDUSTRIES DEPARTMENT
(3) (4) (5) ₹ ₹ ₹
... 6,000 6,000Revenue
3,00,01,000 1,000 3,00,02,000
Capital
028 INFORMATION AND PUBLICITY (Tamil Development and Information Department)
... 1,000
Loan 1,000
... 6,15,99,000 6,15,99,000Revenue
...
...
...
Capital
029 TOURISM - ART AND CULTURE (Tourism, Culture and Religious Endowments Department)
...
...
Loan ...
... 7,39,09,000 7,39,09,000Revenue
49,41,16,000 ... 49,41,16,000
Capital
030 STATIONERY AND PRINTING (Tamil Development and Information Department)
...
...
Loan ...
... 37,86,000 37,86,000Revenue
1,000 1,000 ...
Capital
031
...
...
Loan ...
... 7,000 INFORMATION TECHNOLOGY DEPARTMENT 7,000Revenue
...
...
...
Capital
032 LABOUR WELFARE AND SKILL DEVELOPMENT DEPARTMENT
...
...
Loan ...
... 3,85,98,000 3,85,98,000Revenue
6,00,01,000 ... 6,00,01,000
Capital
033 LAW DEPARTMENT
...
...
Loan ...
... 40,86,000 40,86,000Revenue
...
...
...
Capital
034 MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT
...
...
Loan ...
... 599,02,06,000 599,02,06,000Revenue
28,66,00,000 ... 28,66,00,000
Capital
...
...
Loan ...
38,36,57,000
035 HUMAN RESOURCES MANAGEMENT DEPARTMENT
39,00,25,000 63,68,000Revenue
3,50,00,000 ... 3,50,00,000
Capital
036 PLANNING, DEVELOPMENT AND SPECIAL INITIATIVES DEPARTMENT
...
...
Loan ...
... 17,05,000 17,05,000Revenue
...
...
...
Capital
037 PROHIBITION AND EXCISE (Home, Prohibition and Excise Department)
...
...
Loan ...
... 2,99,73,000 2,99,73,000Revenue
...
...
...
Capital
PUBLIC DEPARTMENT
038
...
...
Loan ...
... 1,64,29,000 1,64,29,000Revenue
...
...
...
Capital
039 BUILDINGS (Public Works Department)
... 1,28,74,000
Loan 1,28,74,000
... 6,000 6,000Revenue
94,79,33,000 ... 94,79,33,000
Capital
...
...
Loan ...
5 5 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 401Sums not exceeding
Sums not exceeding
Services and Purposes
Services and Purposes
Total
Total
Demand
Demand
Number
Number
Voted by the
Voted by the
Legislative
Legislative
Assembly
Assembly
Charged on the
Charged on the
Consolidated
Consolidated
Fund of the State
Fund of the State
(1) (1)
(2) (2)
040 040
(3) (4) (5) (3) (4) (5) ₹ ₹ ₹ ₹ ₹ ₹ WATER RESOURCES DEPARTMENT 15,000Revenue WATER RESOURCES DEPARTMENT 15,000Revenue
041 041
REVENUE AND DISASTER MANAGEMENT REVENUE AND DISASTER MANAGEMENT DEPARTMENT DEPARTMENT
... ... 203,92,06,000 132,45,78,000 203,92,06,000 132,45,78,000 ... ...
15,000 15,000 336,37,84,000 336,37,84,000 ... ...
Capital Capital Loan ... Loan ...
40,70,000
40,70,000
... 53,33,79,000
... 53,33,79,000
...
...
042 042
RURAL DEVELOPMENT AND PANCHAYAT RAJ RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT DEPARTMENT
043 043
40,97,000 40,97,000 53,33,79,000 53,33,79,000 ... ...
27,000Revenue 27,000Revenue Capital Capital Loan ... Loan ...
... ... ... ... ... ...
7,000 7,000 ... ... ... ...
7,000Revenue 7,000Revenue ... Capital ... Capital Loan ... Loan ...
SCHOOL EDUCATION DEPARTMENT 101,14,84,000Revenue SCHOOL EDUCATION DEPARTMENT 101,14,84,000Revenue
044 044
MICRO, SMALL AND MEDIUM ENTERPRISES MICRO, SMALL AND MEDIUM ENTERPRISES DEPARTMENT DEPARTMENT
045 045
SOCIAL WELFARE AND WOMEN SOCIAL WELFARE AND WOMEN EMPOWERMENT DEPARTMENT EMPOWERMENT DEPARTMENT
046 046
TAMIL DEVELOPMENT (Tamil Development and TAMIL DEVELOPMENT (Tamil Development and Information Department) Information Department)
047 047
HINDU RELIGIOUS AND CHARITABLE HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS (Tourism, Culture and Religious ENDOWMENTS (Tourism, Culture and Religious Endowments Department) Endowments Department)
048 048
TRANSPORT DEPARTMENT TRANSPORT DEPARTMENT
049 049
YOUTH WELFARE AND SPORTS DEVELOPMENT YOUTH WELFARE AND SPORTS DEVELOPMENT DEPARTMENT DEPARTMENT
050 050
... ... 1,000 ... 1,000 ... ... ...
101,14,84,000 101,14,84,000 1,000 1,000 ... ...
Capital Capital Loan ... Loan ...
... ... ... ... ... ...
18,75,07,000 18,75,07,000 ... ... 2,000 2,000 18,75,07,000Revenue 18,75,07,000Revenue ... Capital ... Capital Loan 2,000 Loan 2,000
... ... 3,000 ... 3,000 ... ... ...
34,08,09,000 34,08,09,000 3,000 3,000 ... ...
34,08,09,000Revenue 34,08,09,000Revenue Capital Capital Loan ... Loan ...
... ... ... ... ... ...
5,46,04,000 5,46,04,000 ... ... ... ...
5,46,04,000Revenue 5,46,04,000Revenue ... Capital ... Capital Loan ... Loan ...
... ... 5,00,00,000 ... 5,00,00,000 ... ... ...
3,00,02,000 3,00,02,000 5,00,00,000 5,00,00,000 ... ...
3,00,02,000Revenue 3,00,02,000Revenue Capital Capital Loan ... Loan ...
... ... 500,00,00,000 ... 500,00,00,000 ... ... ...
3,000 3,000 500,00,00,000 500,00,00,000 23,63,000 23,63,000 3,000Revenue 3,000Revenue Capital Capital Loan 23,63,000 Loan 23,63,000
... ... ... ... ... ...
36,66,84,000 36,66,84,000 ... ... 20,00,000 20,00,000 36,66,84,000Revenue 36,66,84,000Revenue ... Capital ... Capital Loan 20,00,000 Loan 20,00,000
... ... ... ... ... ...
3,000 3,000 ... ... ... ...
PENSION AND OTHER RETIREMENT BENEFITS 3,000Revenue PENSION AND OTHER RETIREMENT BENEFITS 3,000Revenue ... Capital ... Capital Loan ... Loan ...
051 051
RELIEF ON ACCOUNT OF NATURAL RELIEF ON ACCOUNT OF NATURAL CALAMITIES CALAMITIES
052 052
DEPARTMENT FOR THE WELFARE OF DEPARTMENT FOR THE WELFARE OF DIFFERENTLY ABLED PERSONS DIFFERENTLY ABLED PERSONS
... ... ... ... ... ...
472,64,87,000 472,64,87,000 ... ... ... ...
472,64,87,000Revenue 472,64,87,000Revenue ... Capital ... Capital Loan ... Loan ...
... ... ... ... ... ...
14,000 14,000 ... ... ... ...
14,000Revenue 14,000Revenue ... Capital ... Capital Loan ... Loan ...
6 6 402 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARYSums not exceeding
Sums not exceeding
Services and Purposes
Services and Purposes
Total
Total
Demand
Demand
Number
Number
Voted by the
Voted by the
Legislative
Legislative
Assembly
Assembly
Charged on the
Charged on the
Consolidated
Consolidated
Fund of the State
Fund of the State
(1) (1)
(2) (2)
(3) (4) (5) (3) (4) (5) ₹ ₹ ₹ ₹ ₹ ₹ 053 053
DEPARTMENT OF SPECIAL PROGRAMME DEPARTMENT OF SPECIAL PROGRAMME IMPLEMENTATION IMPLEMENTATION
... ... ... ... ... ...
1,000 1,000 ... ... ... ...
1,000Revenue 1,000Revenue ... Capital ... Capital Loan ... Loan ...
054 054
FORESTS (Environment, Climate Change and Forests FORESTS (Environment, Climate Change and Forests Department) Department)
... ... 12,000 ... 12,000 ... ... ...
1,64,40,000 1,64,40,000 12,000 12,000 29,38,75,000 29,38,75,000
1,64,40,000Revenue 1,64,40,000Revenue Capital Capital Loan 29,38,75,000 Loan 29,38,75,000
DEBT CHARGES DEBT CHARGES
30,41,22,000
30,41,22,000
...
...
...
...
30,41,22,000 30,41,22,000 ... ... ... ...
...Revenue ...Revenue ... Capital ... Capital Loan ... Loan ...
Total
Total
Revenue 1,615,75,34,000 106,36,29,000 1,722,11,63,000
Revenue 1,615,75,34,000 106,36,29,000 1,722,11,63,000
Capital 1,585,53,01,000 204,27,04,000 1,789,80,05,000
Capital 1,585,53,01,000 204,27,04,000 1,789,80,05,000
Loan 283,80,05,000 ... 283,80,05,000
Loan 283,80,05,000 ... 283,80,05,000
Grand Total 3,485,08,40,000 310,63,33,000 3,795,71,73,000
Grand Total 3,485,08,40,000 310,63,33,000 3,795,71,73,000
STATEMENT OF OBJECTS AND REASONS.
STATEMENT OF OBJECTS AND REASONS.
This Bill is introduced in pursuance of Article 205, read with clause (1) of Article 204, of the Constitution, to provide for This Bill is introduced in pursuance of Article 205, read with clause (1) of Article 204, of the Constitution, to provide for the appropriation out of the Consolidated Fund of the State, of the moneys required to meet-- the appropriation out of the Consolidated Fund of the State, of the moneys required to meet--
(a) (a)
the supplementary grants made by the Tamil Nadu Legislative Assembly for the financial year the supplementary grants made by the Tamil Nadu Legislative Assembly for the financial year which commenced on the 1st day of April 2022; and which commenced on the 1st day of April 2022; and
(b) (b)
the supplementary expenditure charged on the said Fund of the State for that year. the supplementary expenditure charged on the said Fund of the State for that year.
Dr. PALANIVEL THIAGA RAJAN,
Dr. PALANIVEL THIAGA RAJAN,
Minister for Finance and Human Resources
Minister for Finance and Human Resources
Management.
Management.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 403STATEMENT OF OBJECTS AND REASONS
This Bill is introduced in pursuance of Article 205, read with clause (1) of Article 204, of the Constitution, to provide for the appropriation out of the Consolidated Fund of the State, of the moneys required to meet—
(a) the supplementary grants made by the Tamil Nadu Legislative Assembly for the financial year which commenced on the Ist day of April 2022; and
(b) the supplementary expenditure charged on the said Fund of the State for that year.
Dr. PALANIVEL THIAGA RAJAN,
Minister for Finance and Human Resources,
Management.
Secretariat,
Chennai-600 009,
K. SRINIVASAN, 19th October 2022. Secretary.
PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU