[269]

IV-2 Ex. (576)

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

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2022

[Price: Rs. 4.00 Paise.

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 576]

CHENNAI, THURSDAY, DECEMBER 29, 2022

Margazhi 14, Subakiruthu, Thiruvalluvar Aandu–2053

Part IV—Section 2

Tamil Nadu Acts and Ordinances

CONTENTS

Pages

ACTS:

No. 45 of 2022—The Tamil Nadu Business Facilitation (Amendment) Act, 2022

270-272

No.46 of 2022—The Tamil Nadu Transparency in Tenders (Amendment) Act, 2022.

273-274

No. 47 of 2022—The Tamil Nadu Co-operative Societies (Fifth Amendment) Act, 2022

275-276

No. 48 of 2022—The Tamil Nadu Prohibition (Amendment) Act, 2022

277

270

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

The following Act of the Tamil Nadu Legislative Assembly

received the assent of the Governor on the 28th December 2022 and

is hereby published for general information:—

ACT No. 45 OF 2022.

An Act to amend the Tamil Nadu Business Facilitation Act, 2018.

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 and

commence-

ment.

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

(Amendment) Act, 2022.

(2) It shall come into force at once.

Amendment of

section 2.

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

(hereinafter referred to as the principal Act),—

Tamil Nadu Act

7 of 2018.

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

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

“(a) “acknowledgment certificate” means a certificate issued by

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

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

“(l) “Guidance” means the society formed by the Government

and registered under the Tamil Nadu Societies Registration Act, 1975

(Tamil Nadu Act 27 of 1975) to facilitate setting up of enterprises in the State;”;

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

namely:—

“(rr) “notified enterprise” means any enterprise or a class or

category of enterprise, as may be notified by the Government, from time

to time.”.

Amendment of

section 3.

3. In section 3 of the principal Act, in sub-section (1), for the

expression “the Guidance Bureau”, the expression “the Guidance” shall

be substituted.

Amendment of

section 4.

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

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

“and issue acknowledgment certificate under clause (a) of sub-section

(2) of section 11A;”.

Amendment of

section 5.

5. In section 5 of the principal Act, in sub-section (1), after the

expression “the application for clearances”, the expression “or issue of

acknowledgment certificate” shall be inserted.

Amendment of

section 9.

6. In section 9 of the principal Act, in sub-section (1), for the

expression “either in physical or electronic format”, the expression “in

electronic format” shall be substituted.

Insertion of new

section 11A.

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

inserted, namely:-

“11A. Acknowledgment Certificate.— (1) Any notified enterprise,

which intends to start a new activity or expand its activities, may submit

a Combined Application Form together with self-certification and such fee

as may be prescribed through the single window portal.

271

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(2) (a) On receipt of a Combined Application Form from a

notified enterprise under sub-section (1), the Nodal Agency shall issue an

acknowledgment certificate to the applicant in such Form and within such

time limit as may be prescribed;

(b) An acknowledgment certificate issued under clause (a),

shall, for all purposes, have effect as if it is a clearance as defined in

clause (c) of section 2, for such of the clearances as may be notified by the

Government, from time to time, for a period of three years from the date

of its issue. Before expiry of the three year period, such enterprise shall

obtain the clearances from the Competent Authority concerned;

acknowledgment certificate shall be cancelled by the Nodal Agency:

Provided that no such cancellation shall be made unless the

applicant is given a reasonable opportunity of being heard.”.

8. In section 15 of the principal Act, in sub-section (1), for the

expression “the Executive Vice-Chairperson, Guidance Bureau as

the Chairman, Company Secretary, Guidance Bureau as the Member

Convener”, the expression “the Managing Director and Chief Executive

Officer, Guidance as the Chairman, Executive Director, Guidance as the

Member Convener” shall be substituted.

Amendment of

section 15.

(By Order of the Governor)

C. GOPI RAVIKUMAR,

Secretary to Government (Legislation),

Law Department.

273

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

The following Act of the Tamil Nadu Legislative Assembly received the assent of the

Governor on the 28th December 2022 and is hereby published for general information:—

ACT No. 46 OF 2022.

An Act further to amend the Tamil Nadu Transparency

in Tenders Act, 1998.

Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the

Seventy-third Year of the Republic of India as follows:-

(1) This Act may be called the Tamil Nadu Transparency in Tenders

(Amendment) Act, 2022.

Short title and

commence-

ment.

(2) It shall come into force at once.

Tamil Nadu

Act 43 of

1998.

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

referred to as the principle Act),

Amendment of

section 2.

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

“(aa) “domestic enterprise” means any enterprise located in the State, which

manufactures or produces goods or provides or renders services within the State and

which fulfills the criteria to qualify as a micro or small enterprise as may be notified by

the Central Government under clause (1) of section 7 of the Micro, Small and Medium

Enterprises Development Act, 2006 (Central Act 27 of 2006).”;

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

inserted, namely:-

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

Tribes” means—

(i)

any domestic enterprise located in the State, which is owned by

any person belonging to a Scheduled Caste or a Scheduled Tribe; or

(ii)

any domestic enterprise, which is a firm or limited liability

partnership, having its registered office and place of business in the State, where not

less than three-fourths of the partners belong to the Scheduled Castes or Scheduled

Tribes; or

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

office and place of business in the State where,--

(1) more than fifty per cent. of the ordinary shareholdings pertain

to persons belonging to the Scheduled Castes or Scheduled Tribes; and

(2) the control of the company, as defined in section 2 (27) of the

Companies Act,2013 (Central Act 18 of 2013) vests with persons belonging to the

Scheduled Castes or Scheduled Tribes.”;

(3) clause (ee) shall be relettered as clause (eee) and before

clause (eee) as so relettered, the following clause shall be inserted, namely:-

“(ee) “Scheduled Castes” and “Scheduled Tribes” shall have the

meanings assigned to them respectively under clauses (24) and (25) of Article 366 of

the Constitution.”;

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

namely:-

“(eeee) “State” means the State of Tamil Nadu.”.

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

following proviso shall be added, namely:-

Amendment of

section 10

274

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

“Provided also that the Tender Accepting Authority shall accept the tender of the

domestic enterprises owned by Scheduled Castes or Scheduled Tribes, not being the

lowest tender, upon satisfaction of such conditions as may be prescribed, in respect of

goods manufactured or produced and services provided or rendered by them, to the

extent of five per cent. of the total requirement in that procurement, if such enterprise

is willing to match the price of the lowest tender.”.

(By Order of the Governor)

C. GOPI RAVIKUMAR,

Secretary to Government (Legislation),

Law Department.

275

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

The following Act of the Tamil Nadu Legislative Assembly received the assent of the

Governor on the 28th December 2022 and is hereby published for general information:—

ACT No. 47 OF 2022.

An Act 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

(Fifth Amendment) Act, 2022.

Short title and

commence-

ment.

(2) It shall come into force at once.

Tamil Nadu

Act 30 of

1983.

2. In section 34 of the Tamil Nadu Co-operative Societies Act, 1983, in sub-

section (1), in clause (c), sub-clause (ii) shall be renumbered as sub-clause (iii) and

before sub-clause (iii) as so renumbered, the following sub-clause and proviso shall

be inserted, namely:—

Amendment to

section 34.

“(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”.

(By Order of the Governor)

C. GOPI RAVIKUMAR,

Secretary to Government (Legislation),

Law Department.

277

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

The following Act of the Tamil Nadu Legislative Assembly received the assent

of the Governor on the 28th December 2022 and is hereby published for general

information:—

ACT No. 48 OF 2022.

An Act 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) This Act may be called the Tamil Nadu Prohibition (Amendment)

Act, 2022.

Short title and

commence-

ment.

(2) It shall be deemed to have come into force on the 5th day of

September 2022.

Tamil Nadu Act

X of 1937.

In section 18-BB of the Tamil Nadu Prohibition Act, 1937 (hereinafter

referred to as the principal Act), for the expression “rupees four hundred and fifty”,

the expression “rupees one thousand” shall be substituted.

Amendment

of section

18-BB.

Tamil Nadu

Ordinance

3 of 2022.

(1) The Tamil Nadu Prohibition (Amendment) Ordinance, 2022 is hereby

repealed.

Repeal and

saving.

(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.

(By Order of the Governor)

C. GOPI RAVIKUMAR,

Secretary to Government (Legislation),

Law Department.

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

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU