TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
©
[Regd. No. TN/CCN/467/2012-14.
GOVERNMENT OF TAMIL NADU
[R. Dis. No. 197/2009.
2023
[Price: Rs. 4.80 Paise.
No. 134]
CHENNAI, FRIDAY, APRIL 21, 2023
Chithirai 8, Sobakiruthu, Thiruvalluvar Aandu-2054
Part III—Section 1(a)
General Statutory Rules, Notifications, Orders, Regulations, etc.,
issued by Secretariat Departments.
NOTIFICATIONS BY GOVERNMENT
III-1(a)Ex. (134)
[ 1 ]
HOME DEPARTMENT
(Police-VII)
THE TAMIL NADU ONLINE GAMING AUTHORITY AND REGULATION OF ONLINE GAMES RULES, 2023.
[G.O. Ms. No. 192, Home (Pol.VII) 21st April 2023, சித்திரை 8, ச‚ோபகிருது, திருவள்ளுவர் ஆண்டு-2054.]
No. SRO A-17(b)/2023
In exercise of the powers conferred by sub-section (1) of section 24 of the Tamil Nadu Prohibition of Online Gambling
and Regulation of Online Games Act, 2022 (Tamil Nadu Act 9 of 2023), the Governor of Tamil Nadu hereby makes the
following Rules, namely:-
RULES
CHAPTER-I
PRELIMINARY
1.
Short title and commencement.− (1) These rules may be called the Tamil Nadu Online Gaming Authority and
Regulation of Online Games Rules, 2023.
(2) They shall come into force on the 21st day of April 2023.
2.
Definitions.— (1) In these rules, unless the context otherwise requires, -
(a) “Act” means the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act, 2022
(Tamil Nadu Act 9 of 2023);
(b) “Appellate Authority” means the Appellate Authority established under sub-section (1) of section 13 of
the Act;
(c) “appointed day” means the date of coming into force of the Act;
(d) “Gaming Authority” means the Tamil Nadu Online Gaming Authority established under section 3 of
the Act;
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(2) Words and expressions used in these rules and not defined but defined in the Information Technology Act,
2000 (Central Act 21 of 2000) shall have the same meaning assigned to them in that Act.
CHAPTER-II
REGISTRATION OF LOCAL ONLINE GAMES PROVIDER AND NON-LOCAL ONLINE GAMES PROVIDER
3. Application for Certificate of Registration.− (1) Every person who intends to provide any service for the conduct of
any online game, whose central management and control of the service will be located in this State or host such service in
this State or every local online games provider who is providing any service for the conduct of any online game immediately
before the appointed day, shall, make an application within thirty days therefrom for grant of certificate of registration to the
Gaming Authority in Form-I.
(2) The application for grant of certificate of registration shall be accompanied by a fee of Rs.1,00,000/- (Rupees
one lakh only) by way of demand draft or banker’s cheque drawn in favour of the Secretary, Tamil Nadu Online Gaming
Authority, Chennai.
(3) The application as in Form-I, complete in all respects together with enclosures mentioned therein, shall be
sent to the Secretary, Tamil Nadu Online Gaming Authority, Chennai by registered post or online.
(4) The Gaming Authority shall, on receipt of an application under sub-rule (1), either grant or refuse to grant
certificate of registration, within a period of fifteen days from the date of its receipt:
Provided that no application for grant of certificate of registration shall be refused unless the applicant has been
given an opportunity of being heard.
(5) Every certificate of registration issued by the Gaming Authority shall be in Form-II.
4. Issue of Show-cause notice to Local online games provider.− (1) If the Gaming Authority is satisfied that the
certificate of registration issued to any Local online games provider has been obtained by misrepresentation or fraud or the
holder of certificate of registration has, failed to comply with the conditions subject to which the certificate has been issued
or contravened any of the provisions of the Act, the rules or regulations made thereunder, may issue a show cause notice
in Form-III to the online games provider, as to why the certificate of registration may not be revoked.
(2) The Local online games provider shall furnish his reply within fifteen days from the date of receipt of the show
cause notice.
(3) On expiry of the said period of fifteen days, the Gaming Authority, taking into consideration the reply, if any
received from the Local online games provider shall pass order, either accepting the reply or revoking the Certificate of
Registration, giving reasons therefor.
5. Issue of Show-cause notice to Non-Local online games provider.− (1) The Gaming Authority may, if the Non-local
online games provider fails to comply with any of the restrictions specified in section 14, issue a show cause notice in Form-
IV to the Non-local online games provider, as to why further action may not be taken under sub-section (2) of section 15 of
the Act to block access to the persons in this State to the service provided by him.
(2) The Non-local online games provider shall furnish his reply within fifteen days from the date of receipt of the
show cause notice.
(3) On expiry of the said period of fifteen days, the Gaming Authority taking into consideration, the reply, if any,
received from the Non-local games provider, shall pass order, either accepting the reply of the online games provider or
pursue further action as per sub-section (2) of section 15 of this Act.
CHAPTER-III
THE TAMIL NADU ONLINE GAMING AUTHORITY
6. Appointment of Chairperson and Members of the Gaming Authority.− (1) The Chairperson and Members of the
Gaming Authority shall be appointed by the Government and shall hold office for a term of five years from the date of
assuming office or until they attain the age of seventy years, whichever is earlier:
Provided that the Chairperson or a Member may relinquish his office by giving in writing under his hand addressed to
the Government.
(2) The Chairperson or a Member shall not be eligible for re-appointment.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
3
7. Disqualification.− No person shall be appointed or continue to be in service, as the Chairperson or a Member of the
Gaming Authority, if he, −
(i)
has entered into or contracted a marriage with a person having a spouse living; or
(ii)
having a spouse living, has entered into or contracted a marriage with any person; or
(iii) has been adjudged as an insolvent; or
(iv) has been convicted of an offence which, in the opinion of the Government, involves moral turpitude.
8.
Removal of Chairperson or Member.− The Government may, by order, remove the Chairperson or a Member
from his office, if he,−
(i) has become physically or mentally incapable of acting as a Member, as is likely to affect prejudicially his
function as a Member;
(ii) has acquired such financial or other interest, as is likely to affect prejudicially his function as a Member;
(iii) has so abused his position as to render his continuance in office prejudicial to the public interest; or
(iv) has been guilty of proven misbehaviour:
Provided that the Chairperson or a Member of the Gaming Authority shall not be removed from his office unless he
has been given an opportunity of being heard.
9.
Pay of Chairperson and Members of the Gaming Authority.- (1) The Chairperson of the Gaming Authority shall
enjoy the status of the Chief Secretary to Government and shall draw the same pay and allowances as available to the
Chief Secretary to Government:
Provided that the pay shall be reduced by the gross amount of pension drawn by him.
(2) Every Member of the Gaming Authority shall receive a pay of Rs.1,00,000/- (Rupees one lakh only) per
month.
10. Allowances and other benefits.− Every Member of the Gaming Authority shall receive dearness allowance, city
compensatory allowance, leave, leave travel concession, medical treatment, travelling allowance and telephone facility
and other allowances at the rate admissible to All India Service Officers drawing an equivalent pay.
11. Leave sanctioning authority.− (1) In the case of the Chairperson of the Gaming Authority, the Government shall be
the leave sanctioning authority.
(2) In the case of a Member of the Gaming Authority, the Chairperson of the Gaming Authority shall be the leave
sanctioning authority.
12. Accommodation.- The Chairperson and every Member of the Gaming Authority shall receive House Rent Allowance
at the rates as admissible to All India Service Officers drawing an equivalent pay.
13. Other conditions of service.- (1) The other terms and conditions of service of the Chairperson and Members
of the Gaming Authority (not provided for in these rules) shall be as are applicable to the State Government officers of
corresponding status.
(2) The pay admissible to the Chairperson and Members of the Gaming Authority shall not entitle enhancement
of pension, if any, already fixed to them.
CHAPTER-IV
APPELLATE AUTHORITY
14. Appointment of Chairperson and Members of the Appellate Authority.- (1) The Chairperson and every Member of
the Appellate Authority shall be appointed by the Government. The Chairperson and every member shall hold office for a
period of five years from the date of assumption of office or until he attains the age of seventy years, whichever is earlier.
(2) The Chairperson or a Member of the Appellate Authority shall not be eligible for reappointment.
(3) The Chairperson or a Member of the Appellate Authority may relinquish his office by writing under his hand
addressed to the Government.
(4) The Chairperson or a Member of the Appellate Authority may be removed from his office by the Government
in the interest of public and shall be afforded an opportunity of being heard before such removal.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
15. Eligibility for appointment as a Member of the Appellate Authority,− No person shall be appointed as a Member
of the Appellate Authority, unless he is a person, −
(i) who has retired from the post of Secretary to Government, Law Department or a District Judge and held the
post for a period of not less than two years; or a person who has practiced as an advocate for a period of not less than
seven years in the High Court; or
(ii) who has retired from the post not below the rank of an Additional Director General of Police; or
(iii) who is an expert having not less than ten years of experience in the field of cyber law; or
(iv) a person who has served in the field of information technology for a period of not less than ten years
16. Disqualification.− No person shall be appointed or continue to be in service, as the Chairperson or a Member of
the Appellate Authority, if he, −
(i)
has entered into or contracted a marriage with a person having a spouse living; or
(ii)
having a spouse living, has entered into or contracted a marriage with any person; or
(iii) has been adjudged as an insolvent; or
(iv) has been convicted for an offence which, in the opinion of the Government, involves moral turpitude.
17. Removal of Chairperson or Member.− (1) The Government may, by order, remove the Chairperson or a Member
from office, if he−
(i) has become physically or mentally incapable of acting as a Member, as is likely to affect prejudicially his
function as a Member;
(ii) has acquired such financial or other interest as is likely to affect prejudicially his function as a Member;
(iii) has so abused his position as to render his continuance in office prejudicial to the public interest; or
(iv) has been guilty of proven misbehaviour:
Provided that the Chairperson or a Member of the Gaming Authority shall not be removed from his office unless he
has been given an opportunity of being heard.
18. Pay.− (1) The Chairperson of the Appellate Authority shall receive a pay as admissible to a Judge of the High
Court:
Provided that the pay shall be reduced by the gross amount of pension drawn by him.
(2) Every Member of the Appellate Authority shall receive a pay of Rs.1,00,000/- (Rupees one lakh only) per
month.
19. Allowances and other benefits.− (1) The Chairperson of the Appellate Authority shall receive dearness allowance,
city compensatory allowance, leave, leave travel concession, medical treatment and hospital facility, telephone facility as
are applicable to a Judge of the High Court.
(2) Every Member of the Appellate Authority shall receive dearness allowance, city compensatory allowance,
leave, leave travel concession, medical treatment and hospital facility, telephone facility as are applicable to All India
Service Officers drawing an equivalent pay.
20. Leave sanctioning authority.− (1) In the case of the Chairperson of the Appellate Authority, the Government shall
be the Leave sanctioning authority.
(2) In the case of a Member of the Appellate Authority, the Chairperson shall be the leave sanctioning authority.
21. Accommodation.− (1) The Chairperson of the Appellate Authority shall receive House Rent Allowance at the
rates as admissible to a Judge of a High Court.
(2) Every Member of the Appellate Authority shall receive House Rent Allowance at the rates as admissible to
All India Service Officers drawing an equivalent pay.
22. Other conditions of service.− Other conditions of service of the Chairperson and Members of the Appellate
Authority with respect to which no express provision has been made in these rules, shall be referred to the Government
for their decision.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
5
CHAPTER-V
MISCELLANEOUS
23. Annual report.– (1) The Gaming Authority shall prepare an Annual report containing summary of its activities
during the previous year commencing from the 1st day of April to the 31st day of March of the following year, containing
the following details: −
(i)
the Gaming Authority in brief;
(ii)
mission statement;
(iii) the year in retrospect;
(iv) annual accounts of the Gaming Authority showing receipts and expenditure in brief;
(v) outcome of regulatory measures undertaken;
(vi) work plan for the year ahead;
(vii) number of Certificates of Registration issued; and
(viii) number of show cause notices issued.
(2) The Annual report shall be forwarded by the Gaming Authority to the Government by the 30th day of October
every year.
24. Communications to the Gaming Authority and Appellate Authority.− All communications to the Gaming Authority or
the Appellate Authority, as the case may be, shall be addressed to the Secretary of the Gaming Authority or the Secretary of
Appellate Authority, as the case may be and the Secretary is authorised to represent the Gaming Authority or the Appellate
Authority before any authority or Judicial forum.
25. Application of Act and Rules.− (1) The Tamil Nadu Government Servants (Conditions of Service) Act, 2016
(Tamil Nadu Act 14 of 2016), the Fundamental Rules, the Tamil Nadu Leave Rules, 1933 and the Subsidiary Rules
thereunder, the Tamil Nadu Government Servants’ Conduct Rules, 1973, the Tamil Nadu Civil Services (Discipline and
Appeal) Rules, the Special Rules for the Tamil Nadu General Service, the Special Rules for the Tamil Nadu Secretariat
Service, the Special Rules for the Tamil Nadu Basic Service and other Rules and Orders for the time being in force
applicable to officers and employees under the rule making control of the Government, in so far as they are not inconsistent
with these rules, shall govern the officers and staff of the Gaming Authority and the Appellate Authority.
(2) In respect of any matter for which no provision is made in these rules, the relevant Special Rules shall govern
the holder of the posts in the Gaming Authority and the Appellate Authority.
26. Power to relax.− The Government shall have the power to relax the provisions of any of these rules in public
interest.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
ANNEXURE
FORM-I
[see rule 3(1)]
APPLICATION FOR CERTIFICATE OF REGISTRATION
[Under sub-section (3) of section 10 of the Act]
To
The Tamil Nadu Gaming Authority,
-----------------------------------------------
-----------------------------------------------
-----------------------------------------------
The undersigned hereby applies for obtaining a certificate of registration to provide service for the conduct of Online
games in the State of Tamil Nadu.
1.
Name of the applicant
2.
Father’s Name
3.
Full Residential Address
4.
Nationality
5.
Aadhaar details of the applicant
6.
Name and address of the Local Online games provider Company or Firm
7.
Name and address of the Proprietor, Directors or partners of such Company
or Firm
8.
(a) Whether a Public Ltd. Co., Private Ltd. Co., Partnership, Limited Liability
Partnership, etc.,
(b) If so, Incorporation Certificate copy issued by Ministry of Corporate Affairs.
9.
E-mail ID of the Applicant & Company
10.
Mobile number & Land line number
11.
Payment particulars
D.D No:
Date:
Bank name:
Amount:
12.
Whether the applicant has obtained such certificate of registration in other
States, if yes, enclose the particulars
13.
Whether the applicant or partners or directors involved in FERA/ FEMA/ Money
laundering cases, if yes, enclose the particulars
Game functional/Technical details:-
14.
Game categorization & Support
A. Supported Form Factor – Mobile devices / Desktop computer / Both
B.
Platform support:-
(i) Mobile devices - Android / iOS / Windows (with details of supported
version)
Photo of the
applicant with
sign
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
7
(ii) Desktop – Windows, Linux, Mac OS, Chrome OS etc. (with details of
supported version)
C.
GAME TYPE (As per annexure specify details)
D.
GAME DESCRIPTION (Attach details with screen shots)
15.
Gaming platform details:-
A.
Is hosted & running under Cloud Platform?
(i)
Details of Cloud Service Provider (CSP)
(ii)
Location of Cloud Server & Services
(iii) Availability of Redundancy for cloud services with its details
(iv) Copy of SLA with cloud platform & its validity
(v) Copy of Non-Disclosure Agreement with CSP
B.
Is hosted on in-house Data Centre / Third party Data centre?
(Please specify)
(i)
Location of the physical Data Centre
(ii)
Details of Static IP used for Gaming with Internet Service Provider
(ISP)
(iii) Details of High availability process within DC or DR
(iv) Details of IT security policy followed to ensure security user data & its
protection methods, certifications if any.
(v) Company is whether ISO 27001:2013 certified company or its
equivalent if any.
(vi) Details of last Security audit trails conducted with VAPT
C.
Gaming website details :-
(i)
Details about Gaming website development company – in-house /
external
(ii)
Details of DNS/URL with alternate DNS
(iii) Details of Virtual Ports used
(iv) Validity of Domain services
(v) Details of SSL & its validity
(vi) Details of Front end development platform with version
(vii) Details of Middleware platform with version, if any.
(viii) Details of Backend/DB platform with version
(ix) Gaming On-line / Off line service availability
(x) Browsers Support – Chrome / Edge / Firefox etc.
D.
Gaming APP hosting Details :-
(i)
Details about Gaming App development company – in-house /
external
(ii)
Details of DNS/URL with alternate DNS
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(iii) Details of Virtual Ports used
(iv) Google play Store & iOS App Store for Apple etc. account details with
ID
(v) Details of Front end development platform with version
(vi) Details of Middleware platform with version, if any.
(vii) Details of Backend/DB platform with version
(viii) App based Gaming On-line / Off line service availability
E.
Other embedded Technologies / Method adopted under Gaming Apps
(Web / Mobile):-
(i)
Details about Artificial Intelligence (AI)
a.
Type & level of AI used
b.
Role of the AI and its process description
c.
Obtained IPR / Patent with details if any.
(ii)
Details about BOTs under Gaming
a.
BOTs type and its role
b.
Embedded within Gaming software or running as external
service patch or both
c.
Obtained IPR / Patent with details if any.
(iii) Details about RNG
a.
Method of RNG used under Gaming – TRNG / PRNG
b.
Details of RNG Certification & its validity
c.
Obtained IPR / Patent with details if any.
F.
Game Usage Charges:-
a.
Subscription type - Free / Paid version
b.
Period of subscription - Monthly / quarterly / yearly
c.
Details of Game prizes – Points / Cash / vouchers
d.
Details of Credits system
e.
Whether Betting involved?
f.
Whether Wagering involved?
g.
Whether Gambling involved?
G.
Payment modes accepted from the players:-
Credit/Debit card/UPI/Net
Banking/Online transfer/
Please specify, if any other
mode ........................
(Select
whichever
is
applicable)
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
9
H.
Game safety & other requisites:-
(i)
User authentication –
a.
Email / Mobile with OTP or password
b.
Single factor or Two factor authentication
(ii)
Card data collection details -
a.
Whether collecting user details with or without Debit / Credit card
details?
b.
Is the Storage of card details with CVV as per RBI regulations &
Policy?
c.
Whether it is registered with RBI for above mentioned purpose?
If so, enclose the details
(iii) Limits of Money involved in Gaming -
a.
For participation
b.
For losing the Game
c.
For winning the Game
(iv) Details of Certifications related to payment gateway and mode of
payment, to be attached -
(v) Limits of playing hours -
(vi) Addiction blocking availability & its notification interval –
(vii) Content of advertisement availability & its details -
(viii) Any other safety features, mention if any.
Encl:
(1) Address proof
(2) Aadhaar proof
(3) Company/Firm details
(4) Other documents as mentioned above with relevant details
Date:
Signature of the applicant:
Place:
Name:
DECLARATION
I, -------------, do hereby declare that the particulars furnished herein above and in the documents enclosed are true
and correct to the best of my knowledge and belief and nothing has been falsely stated or concealed therein.
Date:
Signature of the applicant:
Place:
Name:
10
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
FORM-II
[see rule 3(5)]
OFFICE OF THE TAMIL NADU ONLINE GAMING AUTHORITY
CERTIFICATE OF REGISTRATION
[Under sub-section (5) of section 10 of the Act]
Registration No:
Date of Issue:
This is to certify that Mr/Ms/Mrs/M/s---------------------------- residing / located at -------------------------------------------------
------------------------ is registered as a Local online games provider under sub-section (5) of section 10 of the Tamil Nadu
Prohibition of Online Gambling and Regulation of Online Games Act, 2022.
2. The said Local online games provider shall provide any service for the conduct of online games subject to the
conditions provided under sub-section (5) of section 10 of the said Act.
3. This Certificate is valid for a period of three years from the date of issue.
Seal
Signature:
Name:
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
11
FORM-III
[see rule 4(1)]
SHOW CAUSE NOTICE
[Under sub-section 1 of section 11 of the Act]
C.No------------------/--------/20-- ,
Dated -----------------
From
To
Sir/Madam,
Sub:
Local online games service provider – Cancellation of certificate of
registration – Show cause notice – Issued – Regarding.
Ref:
Certificate of Registration No. …...…..…….. / dated ….....…..… issued to
M/s./Mr./Mrs/ ………..
-----
Your attention is invited to the provisions of the Tamil Nadu Prohibition of Online Gambling and Regulation of Online
Games Act, 2022 (Tamil Nadu Act 9 of 2023) and particularly the provisions of section 11 of the said Act. While applying
for registration of certificate you have stated that ….. [Specify the substance of misrepresentation]. The said statement is
found to be false one. Thus, it is seen that you have obtained the certificate of registration by misrepresentation. * /You
have provided online games services to Mr./Mrs./Miss. to play with money exceeding on ………….. exceeding Rs……..,
which is the ceiling limit prescribed under the Regulations made by the Gaming Authority * / You have provided online
gaming service to one ………. residing at ………., who is under aged*. Thus, you have violated the condition subject to
which certificate of registration has been given by this Authority.
Hence, I, by direction, call upon you to show cause within fifteen days from the date of receipt of this notice as to why
action shall not be taken against you under sub-section (1) of section 11 of the said Act, for revocation of the certificate of
registration. If no reply is received within the aforesaid period, it will be presumed that you have no valid ground to defend
and action will be taken based on available records.
2. Pending action as contemplated in para 1, the Gaming Authority is prima facie of the view that you have obtained
the certificate of registration by misrepresentation / you have violated the provisions of the said Tamil Nadu Act 9 of 2023
by [Specify the brief substance of allegation] / and your certificate of registration must be suspended, pending final action
as per law. Accordingly, the certificate of registration granted in the reference cited is hereby suspended, till final orders
passed in this matter.
By order of the Authority
Forwarded by order
Secretary of the Gaming Authority.
*strike out whichever is not applicable.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
FORM-IV
[see rule 5(1)]
SHOW CAUSE NOTICE
[Under sub-section (1) of section 15 of the Act]
C.No------------------/--------/20-- ,
Dated -----------------
From
To
Sir/Madam,
Sub:
Non-Local online games service provider – Show cause notice –
Issued.
Ref:
Registration
No.
…………..
/
dated
………
issued
to
M/s./Mr./Mrs/ ……….
-----
Your attention is invited to the provisions of the Tamil Nadu Prohibition of Online Gambling and Regulation of Online
Games Act, 2022 (Tamil Nadu Act 9 of 2023) and particularly the provisions of section 15 of the Act. / You have failed
to, exercise due diligence* / provide geo blocking in this State. Thereby you have failed to comply with the restrictions
specified in section 14 of the Act.
Hence, I, by direction, call upon you to show cause within thirty days from the date of receipt of this notice as to why
action shall not be taken against you under sub-section (2) of section 15 of the said Act, to block access to the persons in
this State to the services provided by you. If no reply is received within the aforesaid period, it will be presumed that you
have no valid ground to defend and action will be taken based on available records.
By order of the Authority
Forwarded by order
Secretary of the Gaming Authority.
*strike out whichever is not applicable.
K.PHANINDRA REDDY,
Additional Chief Secretary to Government.
PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI
ON BEHALF OF THE GOVERNMENT OF TAMIL NADU