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. 4.00 Paise.

No. 502]

CHENNAI, FRIDAY, OCTOBER 28, 2022

Aippasi 11, Subakiruthu, Thiruvalluvar Aandu–2053

Part III—Section 1(a)

General Statutory Rules, Notifications, Orders, Regulations, etc.,

issued by Secretariat Departments.

NOTIFICATIONS BY GOVERNMENT

III-1(a) Ex. (502)—1

SOCIAL WELFARE AND WOMEN EMPOWERMENT DEPARTMENT

DRAFT RULES FOR THE TAMIL NADU TRANSGENDER PERSONS (PROTECTION OF RIGHTS)

RULES, 2022.

[G.O. Ms. No. 70, Social Welfare and Women Empowerment [SW-3(1)], 28th October 2022, ஐப்பசி 11,

²ðA¼¶, F¼õœÀõ˜ Ý‡´-2053.]

No. SRO A-19(c)/2022.

The following draft of the Transgender Persons (Protection of Rights) Rules, 2022, which the State Government

proposes to make, in exercise of the powers conferred by sub-section (1) of section 22 of the Transgender

Persons (Protection of Rights) Act, 2019 (Central Act 40 of 2019), is hereby published for information of all

persons likely to be aﬀ ected thereby, as required by sub-section (1) of the said section 22 of the said Act.

2. Notice is hereby given that the draft Rules will be taken into consideration on

or after the expiry of thirty days from the date of publication of this Notification in the

Tamil Nadu Government Gazette and that any objection or suggestion, which may be received from any

person with respect thereto, before the expiry of the aforesaid period of thirty days will be considered by the

Government of Tamil Nadu. Objection or suggestion, if any, should be addressed to the Additional Chief Secretary

to Government, Social Welfare and Women Empowerment Department, Secretariat, Chennai–600 009 through

the Director of Social Welfare, Chennai–600 015.

Dකඉඎග Rඝඔඍඛ.

1. Short title.- These rules may be called the Tamil Nadu Transgender Persons (Protection of Rights)

Rules, 2022.

2. Deﬁ nition.- In these rules, unless the context otherwise requires,-

(a) “Act” means the Transgender Persons (Protection of Rights) Act, 2019 (Central Act 40 of 2019);

(b) “applicant” means a transgender person who submits an application under rule 3;

[ 1 ]

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(d) “Government” means the State Government;

(e) oﬃ cial documents” shall include the documents listed in Annexure II;

(f) certiﬁ cate of identity” means a certiﬁ cate issued by the District Collector under section 6 or section 7 of the Act as

in Form–III or Form–IV respectively;

(g) “Form” means a Form annexed to these rules in Annexure I;

(h) "identity card” means a photo identity card issued in Form – V to a transgender person under section 6 or issued

in Form – VI to a transgender person on change of gender under section 7 on the basis of “certiﬁ cate of identity” issued by

the District Collector;

(i) "medical institution” means any medical institution whether hospital or clinic, private or public, in rural areas or urban

or overseas;

(j) "medical intervention” includes any gender aﬃ rming medical intervention under taken by an individual to facilitate the

transition to their self-identiﬁ ed gender, including but not limited to counseling, hormonal therapy, and surgical intervention, if any;

(k) section” means a section of the Act;

(l) Welfare Board” means the Tamil Nadu Transgender Welfare Board, a society registered under the Tamil Nadu Societies

Registration Act, 1975 [Tamil Nadu Act 27 of 1975];

(m) words and expressions used herein but not deﬁ ned and deﬁ ned in the Act shall have the same meaning assigned

to them in the Act.

3. Application for issue of certiﬁ cate of identity under section 6 or section 7.- (1) Any transgender person desirous

of obtaining a certiﬁ cate of identity shall make an application in Form–I.

(2) The application shall be submitted to the District Collector through “Thirunangai Mobile Application”:

Provided that the Government may undertake measures, as it deems appropriate, to facilitate the submission of applications

for transgender persons living in remote areas or disadvantaged conditions:

Provided further that in case of a minor child, such application shall be made by a parent or guardian of such minor

child and in the case of a child in need of care and protection, by the competent authority under the Juvenile Justice (Care

and Protection of Children) Act, 2015 (Central Act 2 of 2016).

(3) Notwithstanding anything contained in these rules Transgender persons who have oﬃ cially recorded their change in

gender, whether as male, female or transgender, prior to the coming into force of the Act shall not be required to submit an

application for certiﬁ cate of identity under these rules and all such persons shall enjoy all rights and entitlements conferred

on transgender persons under the Act:

Provided that any such person may submit application for issue of Certiﬁ cate of identity.

4. Procedure for issue of certiﬁ cate of identity.-The District Collector shall, subject to the correctness of the applicant’s

particulars, get the application processed based on the aﬃ davit in Non-Judicial stamp paper of Rs.10/- attested by Notary

with seal, submitted declaring the gender identity of the person in Form II, with out any medical or physical examination and

there after issue an identiﬁ cation number to the applicant, which may be quoted as proof of application.

5. Issue of certiﬁ cate of identity for a transgender person under section 6.- (1) The District Collector shall issue a certiﬁ cate

of identity in Form-III to the applicant by following the procedure provided in rule 4 indicating the gender of such person.

(2) The certiﬁ cate of identity shall be issued within thirty days from the date of receipt of duly ﬁ lled in application along

with the aﬃ davit.

(3) The certiﬁ cate of identity issued under sub-rule (1), shall be the basis to change the gender as well as the name

and the photograph, if so necessitated, of the transgender person in all such oﬃ cial documents listed in Annexure II, in

accordance with the gender speciﬁ ed in the said certiﬁ cate of identity.

(4) The District Collector shall, at the time of issuance of the certiﬁ cate of identity under sub-rule (1), issue a transgender

identity card in Form–V to the applicant.

(5) The Government shall maintain a register for the issuance of certiﬁ cate of identity and the transgender identity card.

(6) The authority who issued the oﬃ cial document, on an application made by an applicant under rule 3, shall change

the name or gender or photograph or any of this information of the applicant in the oﬃ cial documents within ﬁ fteen days of

making of such application.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(7) Any oﬃ cial document wherein gender, name or the photograph of transgender is revised based on the said certiﬁ cate

of identity, shall bear the same serial or reference number as in the original oﬃ cial document.

6. Procedure for issue of a certiﬁ cate of identity for change of gender.- (1) If a transgender person undergoes medical

intervention towards a gender aﬃ rming procedure, either as a male or female, such person may apply in Form – I, along with

a certiﬁ cate issued to that eﬀ ect by the Medical Superintendent or Chief Medical Oﬃ cer of the medical institution in which that

person has undergone the said medical intervention, to the District Collector for the issue of a revised certiﬁ cate of identity.

(2) The District Collector shall, on receipt of an application referred to in sub-rule (1), shall verify the genuineness of

the said medical certiﬁ cate, which shall not include any physical examination.

(3) The applicant shall be currently residing in the area under the jurisdiction of the District Collector as on the date of

application and an aﬃ davit to this eﬀ ect shall be submitted along with the application in Form-I and no additional evidence

shall be called for.

7. Issue of certiﬁ cate of identity under section 7.- (1) The District Collector shall issue a certiﬁ cate of identity in Form – IV

to the applicant seeking change in gender, indicating the gender of such a person as male or female, as the case may be.

(2) The District Collector shall issue the certiﬁ cate under sub-rule (1) within ﬁ fteen days from the date of its receipt of

the application.

(3) The certiﬁ cate of identity issued under sub-rule (1), shall entitle the applicant to record or change the gender, as well

as the photograph and name, if so necessitated, of transgender person in all such oﬃ cial documents listed in the Annexure-II,

in accordance with the gender speciﬁ ed in the said certiﬁ cate of identity as male or female, as the case may be.

(4) The District Collector while issuing the certiﬁ cate of identity for change of gender shall simultaneously issue an

identity card in Form-VI to the applicant.

(5) The authority who issued the oﬃ cial document, on an application made by an applicant under sub-rule (3), shall

change the name or gender or photograph or any of this information of the applicant in the oﬃ cial documents within ﬁ fteen

days of making of such application.

(6) Any oﬃ cial document wherein gender, name or photograph of transgender person is revised based on the said

certiﬁ cate of identity, shall bear the same serial or reference number as in the original oﬃ cial document.

8. Communication of rejection of application.- (1) In case of rejection of application made under rule 3, the District

Collector shall inform the applicant the reason for such rejection within thirty days from the date of receipt of such application.

(2) The District Collector may within sixty days from the date of such rejection, review the decision of rejection

of the application based on the reply submitted by the applicant regarding the reason for rejection communicated in

sub-rule (1).

9. Right to appeal.- (1) The Director of Social Welfare is designated as the Appellate Authority. The applicant shall have

a right to appeal, within ninety days from the date of intimation of the rejection of the application, to the Appellate Authority.

(2) The Appellate Authority may entertain an appeal after the expiry of the period speciﬁ ed above, if it is satisﬁ ed that

the applicant was prevented by suﬃ cient cause from preferring an appeal in time.

10. Welfare measures for transgender persons.- (1) The Government shall formulate welfare schemes to protect the rights

and interests of transgender persons and facilitate their access to the welfare schemes through the Transgender Welfare Board.

(2) The Government shall create institutional and infrastructure facilities, rehabilitation centre temporary shelters, short

stay homes and accommodation, separate wards in hospitals and wash rooms in establishments, within two years from the

date of coming into force of these rules, to protect the rights of transgender persons.

(3) Every establishment shall provide training and education to stakeholders in developing appropriate change in

behaviour towards transgender persons.

(4) All educational institutions shall have a committee which shall be accessible for transgender persons in case of any

harassment or discrimination, with powers to ensure that transgender students do not have to be aﬀ ected by the presence

of the persons bullying them, including teachers.

11. Provisions for non-discrimination.- The Government shall take adequate steps to prohibit discrimination in any

Government or private organisation including in the areas of education, recruitment, employment, promotion of health care,

public transportation, sports, leisure, recreation and opportunity to hold public or private oﬃ ce.

12. Equal opportunities in employment.- (1) Every establishment shall implement all measures for providing a safe working

environment and to ensure that no transgender person is discriminated in any matter relating to equal employment opportunities

including, but not limited to, infrastructure adjustments, recruitment, employment beneﬁ ts, promotion and other related issues.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(2) Every establishment shall provide an equal opportunity policy for transgender persons.

(3) The establishment shall display the equal opportunity policy, including the details of the Complaints Oﬃ cer, preferably

on their website, failing which, at conspicuous places in their premises.

(4) The equal opportunity policy of an establishment shall, inter-alia, contain the following details namely:-

(a) Infrastructural facilities (such as unisex toilets), measures put in for safety and security (transportation and guards)

and amenities (such as hygiene products) to be provided to the transgender persons so as to enable them to eﬀ ectively

discharge of their duties in the establishment;

(b) Applicability of all rules and regulations of the establishment regarding service conditions of employees;

(d) Complaints of the oﬃ cers.

13. Grievance redressal.- (1) Every establishment shall designate a complaint oﬃ cer in accordance with section 11 of

the Act.

(2) The complaint oﬃ cer shall enquire into a complaint received within ﬁ fteen days from the date of its receipt.

(3) The head of the establishment shall take action on the enquiry report submitted by the complaint oﬃ cer within ﬁ fteen

days from the date of submission of the report.

(4) The Joint Director (Women Welfare), the Directorate of Social Welfare at State Level and District

Social Welfare Officer in the District are designated as Grievance Redressal officers for ensuring proper

implementation of the provisions of Chapter V of the Act with special reference to sub-sections (1) and (2) of

section 12.

(5) Every Grievance Redressal oﬃ cer shall ensure resolution of grievances within thirty days from the date on which the

grievance is brought to his/her notice.

(6) The Government shall put in place a monitoring system for tracking the number of complaints ﬁ led, enquired and

action taken of all the establishments in the State.

SHAMBHU KALLOLIKAR,

Additional Chief Secretary to Government.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

ANNEXURE – I

FORM–I

[see rules, 3 (1) and 6 (1) ]

APPLICATION FOR CERTIFICATE OF IDENTITY / REVISED CERTIFICATE OF IDENTITY

Name

(i)

Given name (in capital letters)

(ii)

Changed/Chosen name (in capital letters)

(iii)

Out of ( i) and (ii), name to be printed in the certiﬁ cate of identity

and in the identity card

Gender

(i)

Assigned at birth

(ii)

Requested in the application

Date of birth

dd/mm/yyyy

Educational qualiﬁ cation

Present address

Permanent address

If there is a source of income, the annual income:

(i)

Under Rs.1,00,000/-

YES/NO

(ii)

Between Rs.1,00,001/- and Rs.3,00,000/-

YES/NO

(iii)

Above Rs.3,00,000

Please specify the amount:

Do you have any of the following documents? If so, please submit self-attested photo copies of the certiﬁ cates

stated below.

(i)

Birth Certiﬁ cate or any Proof for date of Birth

YES/NO

(ii)

Aadhaar Card

YES/NO

(iii)

PAN Card

YES/NO

(iv)

Voter Identity Card

YES/NO

(v)

Ration card

YES/NO

(vi)

Passport

YES/NO

(vii)

Bank passbook

YES/NO

(viii)

Mahatma Gandhi National Rural Employment Guarantee Card

YES/NO

(ix)

Community Certiﬁ cate (SC/ST/MBC/Others)

YES/NO

Medical history (for those applying under section 7 of the Act)

(i)

Have you undergone any medical intervention in the context of

transgender transition?

YES/NO

(ii)

Please give details

(iii)

Name and complete address of the Hospital or

Medical institute

(iv)

Name of the issuing authority along with the date

(v)

Any other medical status you would like to share

(vi)

Have you been issued any certiﬁ cate of identity under section 6

and section 7 under the Act, or any other ID Card issued by the

State Authority before the commencement of these Rules? If so,

enclose the same.

Any other information you would like to give

Have you attached aﬃ davit prescribed in Form–II

Under the Tamil Nadu Transgender Persons (Protection of Rights)

Rules, 2022

Have you attached the passport size photograph?

YES/NO

Enclosed: –documents as mentioned in the application

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Declaration

1. I declare that the particulars furnished by me are true and correct.

2. Information provided in this application will be treated as conﬁ dential and shall not be shared with any person or

organisation save the Central and / or State security agencies, any other agency as provided by Law; and for statistical and

policy framing purposes.

Place:

Date:

Signature or left hand thumb impression of the

applicant given name of the applicant

SHAMBHU KALLOLIKAR,

Additional Chief Secretary to Government

FORM–II

[see rule 4 (1)]

AFFIDAVIT

BY A PERSON APPLYING FOR CERTIFICATE OF IDENTITY.

I, (Name), son/daughter/ward/spouse of (name of the parent/guardian/husband), aged (in completed years), residing at

(address), (Tehsil), (District), (State) (Pin Code) do hereby solemnly aﬃ rm and declare as under:

(1) I am currently residing in the above address.

(2) I perceive myself as a transgender person whose gender does not match with the gender assigned at birth.

(3) I declare myself as transgender.

(4) I am executing this aﬃ davit for issue of certiﬁ cate of identity as transgender person under section 6 of the Act read

with rule 4 (1) of the Tamil Nadu Transgender Persons (Protection of Rights) Rules, 2022.

*strike out whichever is not applicable.

Deponent

(Signature of the Applicant)

Veriﬁ cation

I, (Name), hereby state that whatever is stated here in above serial Nos.1 to 4 are true to the best of my knowledge.

Deponent

(Signature of the Applicant)

Place :

Date :

Before Me

Notary

SHAMBHU KALLOLIKAR,

Additional Chief Secretary to Government.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM– III

[see rule 5 (1)]

CERTIFICATE OF IDENTITY.

Photograph of the

certiﬁ cate holder

District Collector to

attest the photograph

(1) On the basis of the application dated dd/mm/yyyy to the undersigned it is certiﬁ ed that Shri /Smt./ Km/ Ms (name)

son / daughter / ward of Shri/ Smt. (name of the parent or Guardian) of (complete residential address of the applicant) is a

transgender person.

(2) His / Her birth name is.-----------------------------------.

(3) This certiﬁ cate is issued under section 6 of the Act read with rule 5 (1) of the Tamil Nadu Transgender Persons

(Protection of Rights) Rules, 2022.

(4) It is also certiﬁ ed that Shri/Smt/Km/Ms.--------------------------------------------is ordinarily a resident at the address given above.

(5) This certiﬁ cate entitles the holder to change name and gender in all oﬃ cial documents of the holder.

Date : Signature of the District Collector :

Place : Seal

SHAMBHU KALLOLIKAR,

Additional Chief Secretary to Government.

FORM–IV

[see rule 7 (1)]

CERTIFICATE OF IDENTITY FOR CHANGE OF GENDER.

Photograph of the

certiﬁ cate holder

District Collector to

attest the photograph

(1) On the basis of the application submitted to the undersigned along with a medical certiﬁ cate from the Medical

Superintendent or Chief Medical Oﬃ cer (name of the Hospital and complete address), it is to certify that Shri/Smt./Km/ Ms.

(name) son/daughter / ward of Shri/ Smt. (name of the parent or Guardian) of (complete residential address of the applicant)

has undergone medical intervention to change gender.

(2) His / Her birth name is

(3) This certiﬁ cate is issued under section 7 of the Act read with rule 7(1) of the Tami Nadu Transgender Persons

(Protection of Rights ) Rules, 2022.

(4) It is also certiﬁ ed that Shri / Smt/ Km/ Ms. is ordinarily a resident at the address given above.

(5) This certiﬁ cate entitles the holder to change name and gender in all oﬃ cial documents of the holder.

(6) Such change in name and gender and the issue of this certiﬁ cate shall not adversely aﬀ ect the rights and entitlements

of the holder of this certiﬁ cate.

Date :

Signature of the District Collector:

Place :

Seal

SHAMBHU KALLOLIKAR,

Additional Chief Secretary to Government.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM–V

[see rule 5 (4)]

TRANSGENDER IDENTITY CARD

Identity card number

Name

Mother’s name @

Father’s or Guardian’s name @

Gender

Transgender

Date of birth or

dd/mm/yyyy

Age as on the date of application for issue of

Identity card

……….years

Reference number of certiﬁ cate of

Authority on the basis of which this card is issued

Present address

Card issue date

Signature of the issuing authority Designation

Seal of the issuing authority

Issued under section 6* / 7* of the Act read with rule 5 (4) of the Tami Nadu Transgender Persons (Protection of Rights)

Rules, 2022.

*Strike out whichever is not applicable

@ only in case the applicant is a minor child

SHAMBHU KALLOLIKAR,

Additional Chief Secretary to Government.

Photograph

of the Card

holder

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM – VI

[see rule 7 (4)]

IDENTITY CARD

Identity card number

Name

Mother’s name @

Father’s or Guardian’s name @

Gender

Male/Female

Date of birth or

dd/mm/yyyy

Age as on the date of application for issue of identity card

Years

Reference number of certiﬁ cate of

Authority on the basis of which this card is issued

Present address

Permanent address

Card issue date

Seal of the issuing authority

Signature of the issuing authority Designation

Seal of the issuing authority

@ only in case of a minor child

SHAMBHU KALLOLIKAR,

Additional Chief Secretary to Government.

Photograph

of the Card

holder

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

ANNEXURE -II

[see rule 2 (e)]

List of oﬃ cial documents

S.No

Name of the oﬃ cial document

(1)

Birth Certiﬁ cate

(2)

Community Certiﬁ cate

(3)

Any education certiﬁ cate issued by a school, board, college,

University or any such academic institution

(4)

Voters Identity Card

(5)

Aadhaar Card

(6)

Permanent Account Number (PAN) Card

(7)

Driving Licence

(8)

Below Poverty Line Ration Card

(9)

Post Oﬃ ce bank/Bank Passbook with photo

(10)

Passport

(11)

Kisan Pass Book

(12)

Marriage Certiﬁ cate

(13)

Electricity/water/ gas connection document.

(14)

Property documents.

(15)

Vehicle registration

(16)

Service Book, Employment papers

(17)

Identity card issued by the Bar Council of the State or India,

(18)

Policy documents

SHAMBHU KALLOLIKAR,

Additional Chief Secretary to Government.

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

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU