TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

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

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2024

[Price: Rs. 34.40 Paise.

DTP—Ex-IV-1 (54)

Part IV—Section 1

Tamil Nadu Bills

[19]

No. 54]

CHENNAI, WEDNESDAY, FEBRUARY 21, 2024

Maasi 9, Sobakiruthu, Thiruvalluvar Aandu-2055

CONTENTS

Pages.

BILLS:

No. 6 of 2024—The Tamil Nadu Panchayats (Fourth Amendment) Act, 2024.

20-24

No. 7 of 2024—The Tamil Nadu Panchayats (Fifth Amendment) Act, 2024.

25-28

No. 8 of 2024—The Tamil Nadu Highways (Amendment) Act, 2024.

29-30

No. 9 of 2024—The Tamil Nadu State Highways Authority Act, 2024.

31-46

No. 10 of 2024—The Tamil Nadu Transparency in Tenders (Amendment) Act, 2024.

47-50

No. 11 of 2024—The Tamil Nadu Contingency Fund (Amendment) Act, 2024.

51-52

No. 12 of 2024—The Tamil Nadu Fiscal Responsibility (Amendment) Act, 2024.

53-54

No. 13 of 2024—The Chennai Unified Metropolitan Transport Authority

(Amendment) Act, 2024.

55-64

No. 14 of 2024—The Tamil Nadu Universities Laws (Amendment) Act, 2024.

65-68

No. 15 of 2024—The Tamil Nadu State Medical Council Act, 2024.

69-84

No. 16 of 2024—The Tamil Nadu Hindu Religious and Charitable Endowments

(Amendment) Act, 2024

85-86

No. 17 of 2024—The Tamil Nadu Development Action Plan for the Scheduled

Castes and the Scheduled Tribes Act, 2024.

87-98

No. 18 of 2024—The Tamil Nadu Appropriation Act, 2024.

99-104

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

BILLS INTRODUCED IN THE LEGISLATIVE ASSEMBLY

OF THE STATE OF TAMIL NADU

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following

Bill which was introduced in the Legislative Assembly of the Tamil Nadu on

21st February, 2024 is published together with Statement of Objects and

Reasons for general information:—

L.A Bill No. 6 of 2024

A BILL FURTHER TO AMEND THE TAMIL NADU

PANCHAYATS ACT, 1994.

Be it enacted by the Legislative Assembly of the State of

Tamil Nadu in the Seventy-fifth year of the Republic of India as

follows:—

Short title and

commencement.

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

(Fourth Amendment) Act, 2024.

(2) It shall come into on such date as the State

Government may, by notification, appoint.

Insertion of new

section 144-A.

2. After section 144 of the Tamil Nadu Panchayats Act 1994,

the following section shall be inserted, namely:—

Tamil Nadu

Act 21 of 1994.

“144-A. Management of faecal sludge and septage.— (1)

No person shall collect, transport or dispose faecal sludge or septage

from any building, whether used for residential or commercial or

institutional purposes, within the panchayat limits, without a valid

licence granted under the Tamil Nadu Urban Local Bodies Act,1998

(Tamil Nadu Act 9 of 1999):

Provided that no such licence is necessary for the collection,

transportation and disposal of faecal sludge or septage by any local

authority or statutory board of the Government.

(2) The owner or occupier, as the case may be, of a building

or part thereof located within the panchayat limits shall,—

(a) ensure construction of the septic tank or such on-

site sanitation system conforming to the requirements of the National

Building Code, 2016;

(b) conduct regular desludging as per the design and

operations requirement of the septic tank or the on-site sanitation

system as per the National Building Code, 2016;

engaged or caused to be engaged for the collection, transportation

or disposal of faecal sludge and septage from his building;

(d) ensure that no person is engaged or employed,

either directly or indirectly for hazardous cleaning of a septic tank

or on-site sanitation system, as prohibited in the Prohibition of

Employment as Manual Scavengers and their Rehabilitation Act,

2013 (Central Act 25 of 2013).

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 21

(3) Every licensee shall,—

(a) follow the terms and conditions of the licence in

accordance with the provisions of section 179-D of the Tamil Nadu

Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999) and the

rules made thereunder, subject to the time, route and decantation

place, as may be notified by the Inspector under sub-section (4);

(b) pay decantation fee not exceeding five hundred rupees

per trip, as may be prescribed, for usage of the disposal facility or the

decantation place;

recording of each trip undertaken for collection, transportation and

disposal of faecal sludge and septage and submit it to the Inspector

before the 10th day of every quarter in a year;

(4) (a) The Inspector shall notify in the District Gazette or

upload in the website or portal,—

(i) the place, time and route for decanting the faecal

sludge or septage;

(ii) the updated list of licensees; and

(iii) a mechanism for filing complaints or reporting

violations against the licensees.

(b) In the event of receipt of information of spillage of septage,

the executive authority shall immediately direct the licensee or the

person in-charge of the specified vehicle to take action to contain the

septage, minimise the environmental impact and remove all septage

immediately from the site of spillage.

such officers, as may be prescribed, shall monitor the movement

of the specified vehicles within the panchayat limits by means such

as inspection or Global Positioning System fitted in the specified

vehicles, to prevent disposal of faecal sludge and septage in places

other than those identified for decanting.

(5) If any person contravenes or fails to comply with this section

shall be punishable for the first offence with fine, which may extend

to twenty five thousand rupees and for the second or any subsequent

offences with fine, which may extend to fifty thousand rupees.

(6) (a) The District Level Monitoring Committee may request

the licensing authority to suspend the licence, if the licensee commits

breach of any of the terms and conditions of licence or any of the

provisions of this section.

(b) The District Level Monitoring Committee may request

the licensing authority to cancel the licence, if the licensee is imposed

with penalty for the second offence under this section.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(7) (a) Notwithstanding anything contained in this Act or in any

other law for the time being in force, where an offence under this

section is believed to have been or is being committed, any officer,

not lower in rank than that of a Block Development Officer (Village

Panchayats), may seize any vehicle or other articles including motor,

pump, tube, tool or equipment used for the commission of such

offence and shall without unreasonable delay, produce the same

before the Assistant Director (Panchayats).

(b) Where

any

such

vehicle

other

article

produced before the Assistant Director (Panchayats) and if

he is satisfied that an offence under this section has been

committed, the Assistant Director (Panchayats) may, whether

or not prosecution is instituted for such offence, he may, without

prejudice to any other penalty to which the offender is liable under

this section, order confiscation of the vehicle or the articles so seized:

Provided that before passing an order of confiscation, the

owner or the person from whom such vehicle or article is seized,

shall be given—

(i) notice in writing informing him of the grounds on which

it is proposed to confiscate; and

(ii) an opportunity of making a representation in writing and

an opportunity of being heard in the matter.

passing an order of confiscation under clause (b), is of the opinion

that it is expedient in the public interest to do so, he may order the

confiscated vehicle or the articles, to be sold by public auction.

(d) Where any confiscated property is sold under clause (c),

and where the order of confiscation made under clause (b) is set

aside or annulled by an order under sub-section (8), the proceeds of

such sale, after deduction of the expenses of, or incidental to such

auction, shall be paid to the owner thereof or to the person from

whom it was seized, as may be specified in such order.

(8) (a) Any person aggrieved by an order made under

sub-section (7) may appeal to the Inspector within thirty days in such

manner as may be prescribed;

(b) In deciding the appeal, the Inspector shall follow such

procedure, as may be prescribed and the decision of the Inspector

on such appeal shall be final.

Explanation.— For the purpose of this section, the terms

“disposal facility”, “licensing authority”, “faecal sludge”, “licensee”,

“septage” and “specified vehicle” shall have the same meaning

assigned to them in section 179-A of the Tamil Nadu Urban Local

Bodies Act, 1998 (Tamil Nadu Act 9 of 1999).”.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 25

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following

Bill which was introduced in the Legislative Assembly of the Tamil Nadu on

21st February, 2024 is published together with Statement of Objects and

Reasons for general information:—

L.A Bill No. 7 of 2024

A BILL FURTHER TO AMEND THE TAMIL NADU

PANCHAYATS ACT, 1994.

BE it enacted by the Legislative Assembly of the State of

Tamil Nadu in the Seventh-fifth year of the Republic of India as

follows:—

Tamil Nadu Act

21 of 1994.

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

(Fifth Amendment) Act, 2024.

(2) It shall come into force on such date as the State Government

may, by notification, appoint.

2. After section 110 of the Tamil Nadu Panchayats Act, 1994

(hereinafter referred to as the principal Act), the following section shall

be inserted, namely:—

“110-A Solid waste management.— (1) It shall be the duty of

the panchayat to manage the solid waste so as to keep the public

place clean, by adopting a system of collection of segregated waste

at source, transportation, processing and disposal of solid waste

scientifically in a place specifically allotted for this purpose by the

panchayat, either within or outside the panchayat limit.

(2) The public, households, commercial establishments and

other institutions shall segregate the solid waste generated by them

and dispose of it or hand it over to the panchayat in such manner as

may be prescribed.”.

3. In section 136 of the principal Act, for the expression “filth”, the

expression “filth, solid waste” shall be substituted.

Short title and

commencement.

Insertion of new

section 110-A.

Amendment of

section 136.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 29

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

21st February, 2024 is published together with Statement of Objects and

Reasons for general information:—

L.A Bill No. 8 of 2024

A BILL FURTHER TO AMEND THE TAMIL NADU HIGHWAYS

ACT, 2001.

Be it enacted by the Legislative Assembly of the State of

Tamil Nadu in the Seventy-fifth Year of the Republic of India as

follows:—

(1) This Act may be called the Tamil Nadu Highways

(Amendment) Act, 2024.

Short title and

commencement.

(2) It shall come into force at once.

Tamil Nadu Act 34

of 2002.

2. In the Tamil Nadu Highways Act, 2001 (hereinafter referred to

as the principal Act), in section 2, —

Amendment of

section 2.

(1) for clause (13), the following clause shall be substituted,

namely:—

“(13) “Administrator” means the officer appointed under

sub-section (2) of section 5;”;

(2) for clause (21), the following clause shall be substituted,

namely:—

“(21) “State Chief Administrator” means the officer appointed

under sub-section (1) of section 5;”.

3. Throughout the principal Act, for the expressions “State

Highways Authority” “Highways Authority” and “Highways Authorities”,

wherever they occur, the expressions “State Chief Administrator”

“Administrator” and “Administrators” shall, respectively, be substituted.

Substitution of

expressions

“State Highways

Authority”

“Highways

Authority” and

“Highways

Authorities”.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 31

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following

Bill which was introduced in the Legislative Assembly of the Tamil Nadu on

21st February, 2024 is published together with Statement of Objects and

Reasons for general information:—

L.A Bill No. 9 of 2024

A Bill to provide for the establishment of an Authority for the

construction, development, maintenance and management

of the highways vested in, or entrusted to, that Authority

and for matters connected therewith or incidental thereto.

BE it enacted by the Legislative Assembly of the State of

Tamil Nadu in the Seventy-fifth Year of the Republic of India as

follows:—

CHAPTER – I.

PRELIMINARY.

(1) This Act may be called the Tamil Nadu State Highways

Authority Act, 2024.

Short title,

extent and

commencement.

(2) It extends to the whole of the State of Tamil Nadu.

(3) It shall come into force on such date as the Government

may, by notification, appoint.

2. In this Act, unless the context otherwise requires,—

(a) “authorised entity” means any local authority or other

entity to which a highway is entrusted by the Authority under

sub-section (1) of section 26;

(b) “Authority” means the Tamil Nadu State Highways

Authority established under section 3;

Definitions.

(d) “employee” means a person in the full-time regular service

of the Authority;

(e) “Fund” means the Tamil Nadu State Highways Authority

Fund constituted under sub- section (1) of section 15;

(f) “Government” means the State Government;

(g) “highway” means any highway or any stretch thereof

vested in, or entrusted to, the Authority under section 9;

(h) “officer” means an officer of the Authority specified in the

regulations;

(i)

“member” means a member of the Authority and includes

the Chairperson;

(j)

“prescribed” means prescribed by rules made under this

Act;

(k) “regulations” means regulations made by the Authority

under this Act;

(l)

“State” means the State of Tamil Nadu;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(m) words and expressions used and not defined herein

but defined in the Tamil Nadu Highways Act, 2001 shall have the

meaning respectively assigned to them in that Act.

Tamil Nadu Act 34 of

2002

CHAPTER-II.

THE TAMIL NADU STATE HIGHWAYS AUTHORITY.

Establishment of

the Tamil Nadu

State Highways

Authority.

(1) The Government may, by notification, establish an

Authority to be called the Tamil Nadu State Highways Authority,

to exercise the powers conferred on, and perform the functions

assigned to, it under this Act.

(2) The Authority shall be a body corporate by the aforesaid

name, having perpetual succession and a common seal. Subject

to the provisions of this Act, the Authority shall have the power to

acquire, hold and dispose of property, both movable and immovable,

and to contract and shall by the said name sue or be sued.

(3) The Authority shall consist of—

(i) a Chairperson;

(ii) three full-time members; and

(iii) three part-time members,

to be appointed by the Government, by notification in the Tamil Nadu

Government Gazette.

(4) The Chairperson and the members shall possess such

qualifications and experience as may be prescribed.

Term of office

and conditions

of service of

members.

(1) The term of office of the members and other conditions

of service shall be such as may be prescribed.

(2) No person shall be appointed as a member after

attaining the age of sixty-two years or shall serve in such capacity

after attaining the age of sixty-five years.

(3) The Government may, in its discretion, terminate the

term of office of any member, at any time by giving a notice of three

months or the salary and allowances in lieu thereof.

(4) Subject to the terms and conditions as may be

prescribed, any person who ceased to be a member shall be eligible

for reappointment as a member.

Disqualifications

for appointment

as a member.

5. A person shall be disqualified for being appointed as a

member, if such person,—

(a) has been convicted and sentenced to imprisonment for

an offence which, in the opinion of the Government, involves moral

turpitude;

(b) is an undischarged insolvent;

competent court;

(d) has been removed or dismissed from the service of the

Central or any State Government or a Corporation or Public Sector

Undertaking owned or controlled by such Government; or

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 33

(e) in the opinion of the Government, has, such financial

or other interest in the Authority as is likely to affect prejudicially the

discharge of functions as a member.

(1) The Authority shall meet at such times and at such

places and shall observe such rules of procedure governing the

transaction of its business at its meetings, including the quorum

thereat, as may be specified in the regulations.

Meetings of the

Authority.

(2) If, the Chairperson is unable to attend a meeting of the

Authority, for any reason, any other member chosen by the members

present at the meeting shall preside over that meeting.

(3) All matters which are placed for the decision of the

Authority in any of its meetings shall be decided by a majority of the

votes of the members present and voting. In the event of an equality

of votes, the Chairperson, or in his absence, the member presiding

over the meeting shall have and exercise a second or casting vote.

No act or proceedings of the Authority shall be invalidated

merely by reason of, ––

(a) any vacancy or any defect, in the constitution of the

Authority;

(b) any defect in the appointment of a member of the

Authority; or

Authority not affecting the merits of the case.

Vacancy in the

Authority not

to invalidate

proceedings.

(1) For the purpose of discharging its functions, the

Authority may appoint such number of officers and other employees

as it may consider necessary on such terms and conditions as may

be specified in the regulations.

Appointment

of officers,

consultants

and other

employees of

the Authority.

(2) The Authority may appoint, from time to time, any

person as adviser or consultant as it may consider necessary, on

such terms and conditions as may be specified in the regulations.

CHAPTER III.

PROPERTY AND CONTRACTS.

Tamil Nadu Act 34

of 2002

9. The Government may, from time to time, by notification,

vest in, or entrust to, the Authority, any highway declared as such

under section 3 of the Tamil Nadu Highways Act, 2001 or any stretch

thereof, for all or any of the purposes of this Act.

Power of the

Government to

vest or entrust

any highway to

the Authority.

10. (1) On and from the date of publication of the notification

under section 9, in respect of a Highway —

Transfer of assets

and liabilities of

the Government

to the Authority.

(a) all debts, obligations and liabilities incurred, all

contracts entered into and all matters and things engaged to be done

by, with or for, the Government, immediately before such date, for or

in connection with the purposes of that highway shall be deemed to

have been incurred, entered into and engaged to be done by, with or

for, the Authority;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(b) all

non-recurring

expenditure

incurred

the

Government for or in connection with the purposes of that highway

up to such date and declared to be capital expenditure by the

Government shall, subject to such terms and conditions as may be

prescribed, be treated as the capital provided by the Government to

the Authority;

to that highway immediately before such date shall be deemed to be

due to the Authority;

(d) all suits and other legal proceedings instituted or

which could have been instituted by or against the Government

immediately before such date for any matter in relation to that

highway may be continued or instituted by or against the Authority.

(2) If any dispute arises as to which of the assets, rights or

liabilities of the Government have been transferred to the Authority,

such dispute shall be decided by the Government.

Acquisition of land

for the Authority.

11. Any land required for the Authority for discharging its

functions under this Act shall be deemed to be land needed

for the purposes specified in sub-section (1) of section 15 of the

Tamil Nadu Highways Act, 2001 and such land may be acquired for

the Authority under the provisions of the said Act.

Tamil Nadu Act 34

of 2002

Contracts by the

Authority.

12. (1) Subject to sub-sections (2) to (4), the Authority shall

be competent to enter into and perform any contract necessary for

the discharge of its functions under this Act in such form and in such

manner as may be specified in the regulations.

(2) Every contract on behalf of the Authority shall be

entered into by the Chairperson or such other member or such officer

of the Authority as may be generally or specially empowered in this

behalf by the Authority.

(3) Such contracts or classes of contracts as may be

specified in the regulations shall be affixed with the common seal of

the Authority.

(4) Any contract exceeding such value or amount as the

Government may prescribe shall be made only after obtaining the

previous sanction of the Government.

CHAPTER-IV.

FUNCTIONS OF THE AUTHORITY.

Functions of the

Authority.

13. (1) Subject to the rules made under this Act, the Authority

shall construct, develop, maintain or manage a highway, as the

case may be, as has been specified in the notification issued under

section 9.

(2) Without prejudice to the generality of sub-section (1),

the Authority may, —

(a) to achieve its objects, inter-alia,—

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 35

(i)

prepare immediate and long-term plans for the

maintenance and up-gradation of the highway;

(ii) develop a scientific pavement management

system for systematizing the maintenance operations;

(iii) lay down the standards for design and construction

of the highways;

(iv) develop models for bringing in private and

institutional funding, including international funding into the road

sector;

(v) develop

methods

performance

based

maintenance systems for the maintenance of highways by quality

private contractors;

(vi) raise institutional resources for undertaking the

maintenance and up-gradation of the highways;

(vii) maintain and upgrade the highways by encouraging

private partnership and resources for these purposes;

(b) survey any highway or the lands abutting thereto;

Tamil Nadu Act 34

of 2002

townships, logistic parks or warehouses and establish and maintain

hotels, motels, restaurants etc., at or near any highway, and at or

near any other highway declared as such under section 3 of the

Tamil Nadu Highways Act, 2001 with the prior approval of the

Government;

(d) construct residential buildings and townships for its

employees;

(e) regulate and control the plying of vehicles on any

highway for the proper management thereof;

(f) develop and provide consultancy and construction

services in India and abroad;

(g) carry on research activities in relation to the construction,

maintenance, development and management of highways or any

facilities thereof;

(h) provide such facilities and amenities for the users of

a highway, as are, in the opinion of the Authority, necessary for the

smooth flow of traffic on such highway;

(i)

engage, or entrust any of its functions to, any body

corporate owned or controlled by the Government;

(j)

collect the toll, betterment charges and user charges or

any other charges as may be prescribed for the services or benefits

rendered in relation to the use of a highway at such rate as may be

prescribed;

Central Act 18 of

2013

(k) form one or more companies under the Companies

Act, 2013; and

(l)

take all such steps as may be necessary or convenient

for, or may be incidental to, the exercise of any power or the discharge

of any function conferred or assigned to it under this Act.

(3) Nothing contained in this section shall be construed as,—

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(a) authorising the disregard of any law for the time being

in force by the Authority; or

(b) authorising any person to institute any proceeding in

respect of a duty or liability to which the Authority or its officers or

other employees would not otherwise be subjected to under this Act.

CHAPTER-V.

FINANCE, ACCOUNTS AND AUDIT.

Additional

capital and

grants to the

Authority by the

Government.

14. The Government may, after due appropriation made by the

State Legislature by law in this behalf,—

(a) provide any capital that may be required by the

Authority for the discharge of its functions under this Act or for any

purpose connected therewith, on such terms and conditions as the

Government may determine; and

(b) pay to the Authority, on such terms and conditions as

the Government may determine, by way of loans or grants such

sums of money as the Government may consider necessary for the

efficient discharge of its functions under this Act.

Fund of the

Authority.

15. (1) There shall be constituted a Fund called the Tamil Nadu

State Highways Authority Fund and there shall be credited thereto,––

(a) any grant or aid received by the Authority;

(b) any loan taken by the Authority or any borrowings

made by it;

charges collected by the Authority; and

(d) any other sums received by the Authority.

(2) The Fund shall be utilized for meeting,—

(a) the expenses of the Authority in the discharge of its

functions, having regard to the purposes for which such grants, loans

or borrowings are received and for matters connected therewith or

incidental thereto;

(b) the payment of salary, allowances and other

remuneration and facilities provided to the members, officers and

other employees of the Authority;

engaged by the Authority; and

(d) the expenses on the objects and for the purposes

authorised by this Act.

Budget.

16. The Authority shall prepare its budget for each financial year,

in such form and at such time as may be prescribed, showing the

estimated receipts and expenditure of the Authority and forward the

same to the Government.

Investment of

funds.

17. The Authority may invest its funds, including any reserve

fund, in the securities of the Government or in such other manner as

may be prescribed.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 37

18. (1) The Authority may, with the consent of the Government or

in accordance with the terms of any general or special authorisation

given to it by the Government, borrow money from any source by

issue of bonds, debentures or such other instruments, as it may

deem necessary, for discharging all or any of its functions under this

Act.

(2) Subject to such limits as the Government may

prescribe, the Authority may borrow temporarily by way of overdraft

or otherwise, such amounts as it may require for discharging all or

any of its functions under this Act.

(3) The Government may guarantee in such manner, as it

thinks fit, the repayment of the principal and the payment of interest

thereon with respect to the borrowings made by the Authority under

sub-section (1).

Borrowing powers

of the Authority.

19. The Authority shall prepare its annual report, in such form

and at such time as may be prescribed, giving a full account of its

activities during each financial year, and submit a copy thereof to the

Government.

Annual report.

20. The accounts of the Authority shall be maintained and

audited in consultation with the Accountant General of the State

and the audited copy of accounts together with the auditor’s report

thereon shall be furnished to the Government in such manner and

before such date, as may be prescribed.

Accounts and

audit.

CHAPTER-VI.

MISCELLANEOUS.

21. The Authority may, by general or special order in writing,

delegate any of its powers and functions under this Act, as it may

deem necessary, except its powers to make regulations under

section 30, to the Chairperson or any other member or any officer

of the Authority, subject to such conditions and limitations, if any, as

may be specified in that order.

Delegation of

powers.

22. All orders, decisions and other instruments of the Authority

shall be authenticated by the signature of the Chairperson or any

other member or any officer of the Authority authorised by it in this

behalf.

Authentication of

orders and other

instruments of

the Authority.

Central Act XLV of

1860.

23. When acting or purporting to act in pursuance of this Act,

every member, officer and employee of the Authority shall be deemed

to be a public servant within the meaning of section 21 of the Indian

Penal Code.

Members, Officers

and employees

of the Authority

to be public

servants.

24. No suit, prosecution or other legal proceeding shall lie

against any of the members, officers or employees of the Authority

in respect of anything done or intended to be done by them in

good

faith,

the

discharge

official

functions

in exercise of the powers under this Act, the rules or the regulations.

Protection of

action taken in

good faith

25. The Authority may undertake to carry out any other

work or services or any class of works or services as may be

requested by the Government or any other body on such terms and

conditions as may be agreed upon between the Authority and the

Government and such body.

Power of the

Authority to

undertake

certain works.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Power of the

Government

to temporarily

divest the

Authority of any

highway.

26. (1) If, at any time, the Government is of the opinion that, it

is necessary or expedient in public interest so to do, it may, by order in

writing, direct the Authority to entrust the construction, development,

maintenance and management of any highway, to any local authority

or any other entity owned or controlled by the Government, with

effect from such date and for such period as may be specified in that

order and the Authority shall be bound to comply with such direction.

(2) Where

construction,

development,

maintenance

and management of any highway is entrusted by the Authority

to the authorised entity under sub-section (1), the Authority

shall cease to exercise and discharge all of its powers and

functions under this Act in relation to such highway and such

powers and functions shall be exercised and discharged by the

authorised entity in accordance with the instructions issued by the

Government from time to time:

Provided that the Government may by a general or

special order direct that such of the powers and functions as

may be specified in that order shall be exercised or discharged

by the authorised entity only after obtaining the previous

sanction of the Government.

(3) The Government may, for the reasons to be recorded

in writing, reduce or extend the period mentioned in sub-section (1),

as it may consider necessary.

(4) During

the

operation

order

under

sub-section (1), the Government may, from time to time, issue

such directions to the Authority as are necessary to enable

the authorised entity to exercise the powers and discharge the

functions of the Authority under this Act in relation to a highway,

including transfer of any sum of money from the Fund to the

authorised entity for the construction, development, maintenance

and management of the highway and every such direction shall be

complied with by the Authority.

(5) On the cessation of an order under sub-section (1) in

relation to any highway,—

(a) the authorised entity shall cease to exercise and

perform the powers and functions of the Authority under this Act in

relation to such highway;

(b) the authorised entity shall hand over to the

Authority any property, including any sum of money or other assets,

held by it in connection with the entrustment of such highway to it;

and

such powers and functions in accordance with the provisions of this

Act in relation to such highway.

Power of the

Government to

supersede the

Authority.

27. (1) If, at anytime, the Government is of the opinion,—

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 39

(a) that on account of a grave emergency, the Authority

is unable to discharge the functions and duties imposed on it by or

under this Act;

(b) that the Authority has persistently defaulted in

complying with any of the directions issued by the Government under

this Act or in the discharge of the functions and duties imposed on it

by or under this Act; or

in public interest to do so, the Government may, by notification,

supersede the Authority for such period, not exceeding one year, as

may be specified in the notification and on the expiry of such period,

the Government may extend the period of supersession for another

period not exceeding one year :

Provided that before issuing a notification under this sub-section

for the reasons mentioned in clause (b), the Government shall give

a reasonable opportunity to the Authority to show cause as to why it

should not be superseded and shall consider the explanations and

objections of the Authority, if any.

(2) Upon the publication of a notification superseding the

Authority under sub-section (1),–

(a) all the members shall cease to hold such office from

the date of supersession;

(b) all the powers, functions and duties exercisable or

discharged by the Authority under this Act, shall be exercised or

discharged by such person or persons as the Government may

direct;

until the Authority is reconstituted under sub-section (3), vest in the

Government.

(3) On or before the expiry of the period or the extended

period of supersession under sub section (1), the Government may,

reconstitute the Authority. Any person who had vacated office under

clause (a) of sub-section (2) shall also be eligible for reappointment

as members.

(4) The Government shall, as soon as may be, cause the

notification issued under sub-sections (1) or (3) alongwith a detailed

report of any action taken under this section and the circumstances

leading to such action, to be laid before the Legislative Assembly.

28. The Government may issue such directions, from time

to time, to the Authority on policy matters not inconsistent with

the provisions of this Act as it may deem necessary and the

Authority shall give effect to such directions.

Power of the

Government to

issue directions.

29. (1) The Government may make rules to carry out all or any

of the purposes of this Act.

Power of the

Government to

make rules.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(2) In particular, and without prejudice to the generality

of the forgoing power, such rules may provide for all or any of the

following matters, namely:-

(a) all matters expressly required or allowed by this

Act to be prescribed in the rules;

(b) conditions of service of the members;

the members;

(d) the terms and conditions subject to which the

non-recurring expenditure incurred by or for the Government

or in connection with the purposes of any highway shall be treated as

capital expenditure under clause (b) of sub-section (1) of section 10;

(e) the form in which and the time within which the

Authority shall prepare its budget under section 16 and its annual

report under section 19;

(f) the manner in which the Authority may invest its

funds under section 17;

(g) the manner in which the accounts of the

Authority shall be maintained and audited and the date before

which the audited copy of the accounts together with the auditor’s

report thereon shall be furnished to the Government under

section 20.

(3) All rules made and notifications issued 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.

(4) Every rule, notification or order made or 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 in the next

session, the Assembly makes any modification in any such rule,

notification or order or the Assembly decides that the rule, notification

or order shall not be made or issued, the rule, 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, notification or order.

Power of the

Authority

to make

regulations.

30. (1) The Authority may, with the previous approval of the

Government by notification, make regulations not inconsistent with

the provisions of this Act or the rules made thereunder to carry out

the purposes of this Act.

(2) In particular and without prejudice to the generality of

the foregoing power, such regulations may provide for all or any of

the following matters, namely:—

(a) the time and place of the meetings of the Authority and

the procedure to be followed for the transaction of business at such

meetings;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 41

(b) the terms and conditions of service, method of

recruitment and the remuneration of the officers, advisors, consultants

and other employees of the Authority;

contracts may be made by the Authority;

(d) the contracts or classes of contracts which are to be

affixed with the common seal of the Authority;

(e) the manner of preventing obstructions on the highways

shall be prohibited for their normal functioning;

(f) the manner of prohibiting the parking or waiting of any

vehicle or carriage on the highway except at places specified by the

Authority;

(g) the manner of prohibiting or restricting access to any

part of the highway;

(h) the manner of regulating or restricting advertisements

on and around the highway; and

(i)

generally for the efficient and proper maintenance and

management of the highway.

31. (1) If any difficulty arises in giving effect to the provisions

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 appear to them to be

necessary or expedient for removing such difficulty:

Provided that no such order shall be made after the expiry

of two years from the date of commencement of this Act.

Power to remove

difficulties.

CHAPTER – VII.

APPLICABILITY OF THE TAMIL NADU HIGHWAYS ACT, 2001

TO A HIGHWAY ENTRUSTED TO THE AUTHORITY.

Tamil Nadu Act 34

of 2002.

32. Sections 8 to 14, 26 to 55, 57 to 61, 63 to 65 and 70 of

the Tamil Nadu Highways Act, 2001 shall mutatis mutantis apply to

a highway vested in, or entrusted to, the Authority, subject to the

following modifications, namely :—

Applicability of

the Tamil Nadu

Act 34 of 2002

to the Authority

subject to certain

modifications.

(1) in section 8, —

(a) in sub-section (1), for the expression “The Administrator

of any division may, by notification, in relation to any highway or

any area in that division”, the expression “The Authority may, by

notification, in relation to any highway” shall be substituted;

(b) in sub-section (2), for the expression “Administrator”,

the expression “Authority” shall be substituted;

may, with the approval of the State Chief Administrator”, the

expression “Authority may” shall be substituted;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(d) in sub-section (4), for the expression “State Chief

Administrator”, the expression “Authority” shall be substituted.

(2) in sections 9,11,12,14,26, 27, 28, 30 to 32, 34, 35,

37, 39, 44 to 46, 53, 54 and 59 to 61, for the expressions “State

Chief Administrator” and “Administrator”, wherever they occur, the

expression “Authority” shall be substituted.

(3) in section 13, —

(a) in sub-section (1), for the expressions “Administrator of

every division”, and “of that division”, the expressions “Authority” and

“of the area” shall, respectively, be substituted;

(b) in sub-section (2), for the expression “Administrator”,

the expression “Authority” shall be substituted;

(i)

the expression “after the approval of the State

Chief Administrator” shall be omitted;

(ii) in clause (a), for the expression “Administrator”,

the expression “Authority” shall be substituted.

(4) in sections 33, 41 and 43, for the expressions “Administrator”

and “State Chief Administrator” wherever they occur, the expressions

“Authority” and “Government” shall, respectively, be substituted.

(5) in section 42, for the expression “the Administrator that

any highway in its division”, the expression “the Authority that any

highway” shall be substituted.

(6) in section 47,

(i)

after clause (b), the expression “or” shall be omitted;

(ii) clause (c) shall be omitted.

(7) in section 55, —

(i)

in sub-section (1), for the expression “ any authority”,

the expression “Authority” shall be substituted;

(ii) for sub-section (2), the following sub-section shall be

substituted, namely:-

“(2) No application to the Government under sub-section (1)

shall be made after the expiry of such period as may be prescribed.”.

(8) in section 57, for the expression “State Chief Administrator or

to any Administrator”, the expression “Authority” shall be substituted.

(9) in section 58, for the expression “ the State Chief

Administrator or any Administrator”, the expression “Authority” shall

be substituted.

(10) in section 63, in sub-section (2), in clause (a), for the

expression “the State Chief Administrator or any Administrator

or officer or person”, the expression “the Authority or officer or

employees’’ shall be substituted.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 47

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

21st February, 2024 is published together with Statement of Objects and Reasons

for general information:—

L.A Bill No. 10 of 2024

A BILL 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-fifth Year of the Republic of India as follows:—

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

(Amendment) Act, 2024.

Short title and

commencement

(2) It shall come into force at once.

Tamil Nadu Act

43 of 1998.

2. In section 16 of the Tamil Nadu Transparency in Tenders Act, 1998

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

Amendment of

Section 16

“(bb) of a service, other than operations and maintenance, project

or facility management, supervision, supply of manpower, outsourcing of

tasks, leasing of machinery, equipment or vehicles and insurance, from

relevant academic or research or non-commercial organisations, as may

be notified by the Government, subject to the condition that each instance

of such procurement shall be made after obtaining the prior approval

of the Committee comprising of the Secretary to Government of the

department concerned, Secretary to Government, Finance department or

his representative, the Chief Executive Officer or the head of the procuring

entity and a technical representative of the procuring entity;”.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 53

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following

Bill which was introduced in the Legislative Assembly of the Tamil Nadu on

21st February, 2024 is published together with Statement of Objects and

Reasons for general information:—

L.A Bill No. 12 of 2024

A BILL FURTHER TO AMEND THE TAMIL NADU FISCAL

RESPONSIBILITY ACT, 2003.

Be it enacted by the Legislative Assembly of the State of

Tamil Nadu in the Seventy-Fifth Year of the Republic of India as

follows:-

(1) This Act may be called the Tamil Nadu

Fiscal Responsibility (Amendment) Act, 2024.

(2) It shall come into force at once.

Short title and

commencement.

Tamil Nadu Act 16 of

2003.

In section 4 of the Tamil Nadu Fiscal Responsibility Act,

2003, in sub-section (2),-

(i)

in clause (a), for the expression “2025-2026”, the

expression “2026-2027” shall be substituted;

(ii) in clause (b), for the expression “31st March 2025”,

the expression “31st March 2026” shall be substituted.

Amendment of

section 4.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS.

The 15th Finance Commission in its Report for 2021-2026 has recommended an extra annual borrowing

space for the States, of the magnitude of 0.50 per cent of their Gross State Domestic Product for each of the

first four years of the award covering the period 2021-2022 to 2024-2025, based on certain performance criteria

in the power sector. Further, the Finance Commission has also recommended for fixing the net borrowing

limit to Gross State Domestic Product at 4 per cent, 3.5 per cent and 3 per cent, for the years 2021-2022,

2022-2023 and 2023-2024 to 2025-2026, respectively and to avail the unutilized borrowing amount in any of

the subsequent years within the award period, if the State is not able to fully utilize the borrowing limit during

the first four years of the award period.

2. Based on the aforesaid recommendations of the 15th Finance Commission, the Government have

decided to amend the Tamil Nadu Fiscal Responsibility Act, 2003 (Tamil Nadu Act 16 of 2003) so as to extend

the time limit set out to eliminate the revenue deficit by 2026-27 and reduce fiscal deficit to three per cent of

Gross State Domestic Product by 31st March 2026 in order to utilize the maximum fiscal space available.

3. The Bill seeks to give effect to the above decision.

THANGAM THENARASU,

Minister for Finance and

Human Resources Management.

Secretariat,

Chennai-600 009,

K. SRINIVASAN,

21st February 2024.

Principal Secretary.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 55

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following

Bill which was introduced in the Legislative Assembly of the Tamil Nadu on

21st February, 2024 is published together with Statement of Objects and

Reasons for general information:—

L.A Bill No. 13 of 2024

A BILL FURTHER TO AMEND THE CHENNAI UNIFIED

METROPOLITAN TRANSPORT AUTHORITY ACT, 2010.

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

in the Seventy-fifth Year of the Republic of India as follows:—

1. (1) This Act may be called the Chennai Unified Metropolitan

Transport Authority (Amendment) Act, 2024.

Short title and

commencement.

(2) It shall come into force on such date as the Government

may, by notification, appoint.

Tamil Nadu

Act 44 of 2010.

2. In section 2 of the Chennai Unified Metropolitan Transport

Authority Act, 2010 (hereinafter referred to as the principal Act),—

Amendment

of section 2.

(1) after clause (a), the following clause shall be inserted,

namely: —

“(aa) “Comprehensive Mobility Plan” means a policy

document outlining the strategies and related actions, for the

provision of efficient urban transport and mobility of people and

goods in the notified planning area;”;

(2) after clause (b), the following clause shall be inserted,

namely: —

Tamil Nadu Act

35 of 1972.

“(ba) “notified planning area” means the Chennai

Metropolitan Planning Area as notified under the Tamil Nadu Town

and Country Planning Act, 1971;”;

(3) after clause (c), the following clauses shall be inserted,

namely:—

“(ca) “regulations” mean the regulations made by the

Authority under this Act;

(cb) “Schedule” means the Schedule to this Act;

(cc) “transport investment programme” means a

detailed investment programme for urban transport within the

notified planning area, for a period of five years;

(cd) “urban transport” with its all grammatical

variations and cognate expressions covers all aspects of transport

namely, infrastructure facilities, vehicles and services available to

the general public in the notified planning area, including but not

limited to private transport vehicles and services, and all modes and

means of transportation within the categories as may be specified in

the Schedule.”.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Amendment of

section 3.

3. In section 3 of the principal Act, for sub-section (2), the

following sub-section shall be substituted, namely:--

“(2) The Authority shall be a body corporate, having

perpetual succession and a common seal, with power subject to the

provisions of the Act, to acquire, hold and dispose of properties, both

movable and immovable and enter into contract, and shall by the

said name sue and be sued.”.

Substitution of

section 4.

4. For section 4 of the principal Act, the following section shall

be substituted, namely: —

“4. Composition of the Authority.- (1) The Authority shall

consist of the following members, namely:-

(a) the Chief Minister, who shall be the Chairperson,

ex-officio;

(b) the Minister in-charge of Chennai Unified

Metropolitan Transport Authority, who shall be the Vice-Chairperson,

ex-officio;

the Co-Vice Chairperson, ex-officio;

(d)

the

Mayor,

Greater

Chennai

Corporation,

ex-officio;

(e) the Chief Secretary to Government, ex-officio;

(f) the Vice-Chairperson of the Chennai Metropolitan

Development Authority, ex-officio;

(g) the Secretary to Government in charge of Transport

department, ex-officio;

(h) the Secretary to Government in charge of Finance

department, ex-officio;

(i) the Secretary to Government in charge of Housing

and Urban Development department, ex-officio;

(j) the Secretary to Government in charge of Highways

department, ex-officio;

(k) the Secretary to Government in charge of Home

department, ex-officio;

(l) the Secretary to Government in charge of Municipal

Administration and Water Supply department, ex-officio;

(m) the Secretary to Government in charge of Planning,

Development and Special Initiatives department, ex-officio;

(n) the Secretary to Government in charge of Revenue

and Disaster Management department, ex-officio;

(o) the General Manager, Southern Railway, Chennai,

ex-officio; and

(p) the Member-Secretary of the Authority, to be

appointed by the Government, from among the officers of the Indian

Administrative Service or the Central Civil Services Group ‘A‘.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 57

(2) The Authority may nominate not more than three

additional members in accordance with such procedure, terms and

conditions as may be prescribed.

(3) When the Chairperson of the Authority is unable

to discharge the functions owing to his absence, one of the

Vice-Chairpersons, senior in rank, shall discharge the functions

of the Chairperson until the Chairperson assumes charge of his

functions.”.

5. In section 5 of the principal Act, the expression “or co-opted”

shall be omitted.

Amendment of

Section 5.

6. In section 6 of the principal Act,—

(1) the proviso to sub-section (1) shall be omitted;

Amendment of

section 6.

(2) in sub-section (2), for the expression “the Government”

occurring in two places, the expression “the Authority” shall be

substituted.

7. For section 7 of the principal Act, the following section shall

be substituted, namely:—

Substitution of

section 7.

“7. Removal from Membership of the Authority.— If,

at any point of time, it appears to the Authority that a member

nominated has conducted himself in a manner unfit to hold office

or has been guilty of misconduct or neglect, which in the opinion

of the Authority renders his removal from the membership of the

Authority as expedient, the Authority may, after giving such member,

a reasonable opportunity to show cause, by an order, remove such

member from the office.”.

8. Section 8 of the Principal Act shall be omitted.

Omission of

Section 8

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

following sub-section shall be substituted,namely:-

Amendment of

section 9.

“(1) The Member-Secretary of the Authority shall be the

Chief Executive Officer of the Authority.”;

(2) in sub-section (2), after the expression “considers

necessary”, the expression “in such manner as may be prescribed”

shall be inserted.

10. For section 10 of the principal Act, the following sections

shall be substituted, namely:—

Substitution of

section 10.

“10. Powers and Functions of the Authority.-- The

Authority shall, for the purposes of this Act, have the following

powers and functions, namely:-

(a) formulate policy, and frame regulations, directions

and guidelines for urban transport in the notified planning area;

(b) act as a co-ordinating authority in the areas of

transport of passengers and goods and integration of land-use and

transport planning;

investment programmes, annual budgets and other plans and

sub-plans required for sustainable urban transport and monitor and

audit their compliance;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(d) facilitate the financing of transport investment

programmes in the notified planning area, either from out of the

urban transport fund or by borrowing funds with the consent of the

Government;

(e) supervise and exercise control over the actions

and proceedings of the Executive Committee and other officers and

employees of the Authority;

(f) approve the fare structure recommended by

the Executive Committee for public passenger transport modes,

para-transit modes and for parking on street as well as off street and

other such fares, charges and fees, as the Authority may decide;

(g) make recommendations to the Union Government

in regard to the Railways, National Highways, Sea Port and Airport

wherever necessary, for improving the transport system; and

(h) perform such other functions as may be entrusted

to it by the Government from time to time.

10A. Executive Committee.— (1) There shall be an Executive

Committee comprising of the following members, namely:—

(a) The Chief Secretary to Government, who shall be the

Chairperson, ex-officio;

(b) the Secretary to Government in charge of Finance

department, ex-officio;

Urban development Department, ex-officio;

(d) the Secretary to Government in charge of Highways

and Minor Ports department, ex-officio;

(e)

the

Member-Secretary,

Chennai

Metropolitan

Development Authority, ex-officio;

(f) the Transport Commissioner, ex-officio;

(g) the Commissioner, Greater Chennai Corporation,

ex-officio;

(h) the Director of Municipal Administration, ex-officio;

(i) the Commissioner of Police, Greater Chennai, ex-officio;

(j) the Managing Director, Chennai Metro Rail Limited,

ex-officio;

(k)

the

Managing

Director,

Metropolitan Transport

Corporation, ex-officio;

(l) the General Manager, Southern Railways, ex-officio;

(m) the General Manager, Regional Office, Chennai,

National Highway Authority of India, ex-officio; and

(n) the Member-Secretary, Chennai Unified Metropolitan

Transport Authority, ex-officio;

(2) The Executive Committee shall, for the purposes of this Act,

have the following powers and functions, namely:-

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 59

(a) prepare a comprehensive mobility plan, transport

investment programmes, other plans and sub-plans addressing

the planning and development of all public passenger transport

modes and related infrastructure and recommend to the Authority

for implementation of the same through the transport agencies

concerned;

(b) prepare annual budgets with the concurrence of the

Authority and recommend the same to the Government to apportion

funds accordingly to the agencies concerned for implementation of

the comprehensive mobility plan;

implementation of various traffic and transportation measures

including promoting the cause of public passenger transport systems

and regulate their operations, besides implementation of certain

traffic and transportation measures of special nature in the notified

planning area;

(d) update the comprehensive mobility plan periodically in

tune with the changes in the traffic and transportation situation in the

notified planning area;

(e) monitor, co-ordinate and evaluate the implementation of

the comprehensive mobility plan;

(f) take decisions on matters that would impinge on the

mobility in the notified planning area and ensure that no steps

are initiated by any agency or local body that impedes the overall

efficiency of the comprehensive mobility plan;

(g) regulate route plan for the public passenger transport

modes and para-transit modes based on periodical review of routes;

(h) recommend fare structure for public passenger transport

modes and para-transit modes based on periodical assessment;

(i) manage a road safety cell;

(j) secure compliance of inter-agency requests and resolve

differences that come up between such agencies;

(k) form sub-committees and nominate members for

sub-committees;

(l) commission studies and research needed to improve the

performance or efficiency of the public passenger transport modes

and para-transit modes and maintain a data base;

(m) engage experts, whose assistance or advice is

considered necessary for the purposes of carrying out the provisions

of this Act;

(n) regulate measures to integrate and consolidate

any other action plan of the line agencies which fall outside the

comprehensive mobility plan relating to public passenger transport

modes and related infrastructure in the notified planning area and

facilitate implementation of the same.

(3) The Executive Committee shall meet at such times and

places and observe such procedure in regard to the transaction of

business at its meetings as may be prescribed.”.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Substitution of

section 11.

11. For section 11 of the principal Act, the following section shall

be substituted, namely:—

“11. Exemption from compliance.—The Government

may, in public interest, subject to such condition as they deem fit,

by general or special order exempt any agency involved in planning,

operating or managing transportation system in the notified planning

area, from the compliance of any of the decision of the Authority.”.

Substitution of

section 12.

12. For section 12 of the principal Act, the following section shall

be substituted, namely:—

“12. Meetings of the Authority.— (1) The Authority shall

meet, as often as may be necessary, and observe such rules of

procedure as may be prescribed in the regulations:

Provided that the Authority shall meet at least once in a year.

(2) No act or proceeding of the Authority shall be invalid

merely on the ground of the existence of any vacancy, or deficiency

in the quorum or any defect in the constitution or conduct of meetings

of the Authority.

(3) The Authority may invite such number of persons

having expertise in the field of transportation, structural engineering,

finance, environment, urban planning or public administration, or

persons of eminence or high repute as deemed fit, to attend any of

the meetings of the Authority as special invitees. The special invitees

shall take part in the discussion but shall not have the right to vote.”.

Substitution of

section 14.

13. For section 14 of the principal Act, the following section shall

be substituted, namely:—

“14. Delegation.—The Authority or the Executive Committee

may, by general or special order, delegate to any of its member or

to any officer of the Authority, subject to such conditions, as may

be specified in the order, any of its powers and functions, as the

Authority or the Executive Committee may deem necessary.”.

Amendment of

section 15.

14. In section 15 of the principal Act, for the expression “The

Authority shall be entitled to appoint”, the expression “The Authority

may appoint” shall be substituted.

Substitution of

section 17.

15. For section 17 of the principal Act, the following section

shall be substituted, namely:—

“17. Urban Transport Fund.— (1) The Authority shall have its

own Fund called the ‘Urban Transport Fund’.

(2) The Government may pay to the Authority in each

financial year sums as may be considered necessary for the

functioning of the Authority and may also from time to time, notify

any other source of money for the Fund.

(3) All sums which may, from time to time, be paid to it by

the Government and all the receipts of the Authority shall be credited

to such Fund.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 61

(4) All expenditure incurred by the authority under or for

the purposes of this Act, including financing of transport investment

programmes, shall be defrayed from out of the said Fund and any

surplus remaining, after such expenditure has been met, shall be

invested in such manner as may be prescribed.”.

16. For section 19 of the principal Act, the following section shall

be substituted, namely:—

Substitution of

section 19.

“19. Annual Report.— (1) The Authority shall, as soon as

may be, after the end of each financial year, prepare and submit

to the Government, before such date and in such form as may

be prescribed, a report giving an account of its activities during

the previous year and the report shall also give an account of the

activities, if any, which are likely to be undertaken by the Authority in

the next financial year.

(2) The Government shall cause every such report to be

laid before the Legislative Assembly, as soon as may be, after its

receipt.”.

17. Section 20 of the principal Act, shall be renumbered as

sub-section (1) of that section, and after sub-section (1) as so

renumbered, the following sub-section shall be added, namely:—

Amendment of

section 20.

“(2) In the event of any dispute between the Authority and

any other authority, local body, body corporate, department or any

agency of the Government, the matter shall be resolved by the

Government and the decision of the Government shall be final and

binding on the parties involved in such dispute:

Provided that the Government shall not pass an order in

relation to any dispute without affording the parties concerned an

opportunity of being heard.”.

The Schedule

(see section 2 (cd))

Modes and Means of Transportation

(1) Buses

(2) Tramways

(3) Metro Railway

(4) Electric Trolley Bus

(5) Cable Car

(6) Bus Rapid Transit System

(7) Light Rail Transit

(8) Inter-city Railways/SubUrban Rail

(9) Boats

(10) Water Metro

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 65

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

21st February, 2024 is published together with Statement of Objects and

Reasons for general information:—

L.A Bill No. 14 of 2024

A BILL FURTHER TO AMEND THE TAMIL NADU

UNIVERSITIES LAWS.

Be it enacted by the Legislative Assembly of the State of

Tamil Nadu in the Seventy-fifth Year of the Republic of India as

follows:—

PART-I.

PRELIMINARY.

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

Laws (Amendment) Act, 2024.

Short title and

commencement.

(2) It shall come into force at once.

PART-II.

AMENDMENT TO THE BHARATHIAR UNIVERSITY ACT, 1981.

Tamil Nadu Act 1 of

1982.

2. In section 14 of the Bharathiar University Act, 1981, in sub-

section (1), in the proviso to clause (ii), for the expression “fifty-eight

years”, the expression “sixty years” shall be substituted.

Amendment of

section 14.

PART-III.

AMENDMENT TO THE BHARATHIDASAN UNIVERSITY

ACT, 1981.

Tamil Nadu Act 2 of

1982.

3. In section 14 of the Bharathidasan University Act, 1981, in

sub-section (1), in the proviso to clause (ii), for the expression “fifty-

eight years”, the expression “sixty years” shall be substituted.

Amendment of

section 14.

PART – IV.

AMENDMENT TO THE ALAGAPPA UNIVERSITY ACT, 1985.

Tamil Nadu Act 23 of

1985.

4. In section 15 of the Alagappa University Act, 1985, in the

second proviso to sub-section (3), for the expression “fifty-eight

years”, the expression “sixty years” shall be substituted.

Amendment of

section 15.

PART – V.

AMENDMENT TO THE MANONMANIAM SUNDARANAR

UNIVERSITY ACT, 1990.

Tamil Nadu Act 31 of

1990.

5. In section 13 of the Manonmaniam Sundaranar University

Act, 1990, in sub-section (1), in the proviso to clause (ii), for the

expression “fifty-eight years”, the expression “sixty years” shall be

substituted.

Amendment of

section 13.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

PART – VI.

AMENDMENT TO THE PERIYAR UNIVERSITY ACT, 1997.

Amendment of

section 14.

6. In section 14 of the Periyar University Act, 1997, in

sub-section (1), in the proviso to clause (ii), for the expression

“fifty-eight years”, the expression “sixty years” shall be substituted.

Tamil Nadu Act 45 of

1997.

PART – VII.

AMENDMENT TO THE TAMIL NADU OPEN UNIVERSITY

ACT, 2002.

Amendment of

section 13.

7. In section 13 of the Tamil Nadu Open University Act, 2002,

in sub-section (1), for the proviso to clause (b), the following proviso

shall be substituted, namely : –

“Provided that the Registrar shall retire on attaining the age of

sixty years or on the expiry of the period specified in this clause,

whichever is earlier;”.

Tamil Nadu Act 27 of

2002.

PART – VIII.

AMENDMENT TO THE THIRUVALLUVAR UNIVERSITY

ACT, 2002.

Amendment of

section 14.

8. In section 14 of the Thiruvalluvar University Act, 2002, in

sub-section (1), for the proviso to clause (ii), the following proviso

shall be substituted, namely : –

“Provided that the Registrar shall retire on attaining the age of

sixty years or on the expiry of the period specified in this clause,

whichever is earlier;”.

Tamil Nadu Act 32 of

2002.

PART – IX.

AMENDMENT TO THE TAMIL NADU TEACHERS EDUCATION

UNIVERSITY ACT, 2008.

Amendment of

section 12.

9. In section 12 of the Tamil Nadu Teachers Education University

Act, 2008, in sub-section (1), for the proviso to clause (b), the following

proviso shall be substituted, namely : –

“Provided that the Registrar shall retire on attaining the age of

sixty years or on the expiry of the period specified in this clause,

whichever is earlier;”.

Tamil Nadu Act 33 of

2008.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 67

STATEMENT OF OBJECTS AND REASONS.

The Government have enhanced the age of superannuation of Government servants and teachers

from fifty eight years to sixty years. On the same analogy, the Government have decided to enhance the

retirement age of Registrars of the Universities in the State from fifty eight years to sixty years. Hence, the

Government have decided to amend the Universities Laws, namely:-

(i)

The Bharathiar University Act, 1981 (Tamil Nadu Act 1 of 1982);

(ii)

The Bharathidasan University Act, 1981 (Tamil Nadu Act 2 of 1982);

(iii)

The Alagappa University Act, 1985 (Tamil Nadu Act 23 of 1985);

(iv)

The Manonmaniam Sundaranar University Act, 1990 (Tamil Nadu Act 31 of 1990);

(v)

The Periyar University Act, 1997 (Tamil Nadu Act 45 of 1997);

(vi)

The Tamil Nadu Open University Act, 2002 (Tamil Nadu Act 27 of 2002);

(vii) The Thiruvalluvar University Act, 2002 (Tamil Nadu Act 32 of 2002); and

(viii) The Tamil Nadu Teachers Education University Act, 2008 (Tamil Nadu Act 33 of 2008);

The Bill seeks to give effect to the above decision.

R.S. RAJAKANNAPPAN,

Minister for Backward Classes Welfare.

Secretariat,

Chennai-600 009,

K. SRINIVASAN,

21st February 2024.

Principal Secretary.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 69

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

21st February, 2024 is published together with Statement of Objects and Reasons

for general information:—

L.A Bill No. 15 of 2024

A BILL TO REPLACE THE TAMIL NADU MEDICAL REGISTRATION

ACT, 1914 AND TO CONSTITUTE THE TAMIL NADU STATE

MEDICAL COUNCIL AND FOR MATTERS CONNECTED

THEREWITH OR INCIDENTAL THERETO.

BE it enacted by the Legislative Assembly of the State of

Tamil Nadu in the Seventy-fifth Year of the Republic of India as follows:—

CHAPTER-I

PRELIMINARY

1. (1) This Act may be called the Tamil Nadu State Medical Council

Act, 2024.

Short title,

extent

and

commence-

ment.

(2) It extends to the whole of the State of Tamil Nadu.

(3) It shall come into force on such date as the State Government

may, by notification, appoint.

2. (1) In this Act, unless the context otherwise requires, —

Definitions.

(a) “Chairperson” means the Chairperson of the Executive

Committee;

(b) “Executive Committee” means the Executive Committee of

the State Council;

established under sub-section (1) of section 28;

(d) “Government” means the State Government;

(e) “licence” means a licence to practice medicine granted

under sub-section (1) of section 18;

(f) "member" means a member of the State Council;

(g) "notification" means a notification published in the

Tamil Nadu Government Gazette;

(h) "prescribed" means prescribed by rules made under this

Act;

(i) “President” means the President of the State Council;

(j) “registered medical practitioner” means a practitioner of

medicine enrolled under this Act but does not include a person

who has been granted provisional registration under section 19;

(k) “Registrar” means the Registrar of the State Council

appointed under section 13;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(l) “Regulations” means the regulations made by the State

Council under this Act;

(m) “Rules” means rules made under this Act;

(n) “State” means the State of Tamil Nadu;

(o) “State Council" means the Tamil Nadu State Medical

Council constituted under section 3;

(p) “State Register” means the register maintained under

section 16;

(q) “Vice-Chairperson” means the Vice-Chairperson of the

Executive Committee; and

(r) “Vice-President” means the Vice-President of the State

Council.

(2) All other words and expressions used herein but not defined, and

defined in the National Medical Commission Act, 2019 or the regulations

made there under, shall have the meanings, respectively, assigned to them

in that Act or those regulations.

Central Act

30 of 2019.

CHAPTER-II

THE TAMIL NADU STATE MEDICAL COUNCIL

Constitution

and

composition

of the State

Council.

3. (1) The Government may, by notification, constitute a State Council

to be called the Tamil Nadu State Medical Council.

(2) The State Council shall consist of the following members, namely:—

(a) the Registrar of the Tamil Nadu Dr.M.G.R. Medical University,

Chennai – ex-officio;

(b) the Director of Medical

Education

and

Research,

Chennai – ex-officio;

(d) the Director of Public Health and Preventive Medicine,

Chennai – ex-officio;

(e) two members from among the Deans of the Government

Medical Colleges in the State and one member from among the Deans

of the private Medical Colleges in the State, to be nominated by the

Government;

(f) nine members to be elected by the registered medical

practitioners from amongst themselves, out of which at least three shall be

women; and

(g) four members to be nominated by the Government from

amongst the registered medical practitioners having not less than fifteen

years of experience in the field of medicine, out of which at least one shall

be a woman.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 71

(3) The State Council shall be a body corporate having perpetual

succession and a common seal, with power to acquire, hold and dispose

of property and to contract, and it may by the said name sue and be sued.

4. (1) The election of members under clause (f) of sub-section (2) of

section 3 shall be held in such manner as may be prescribed.

Election of

members,

Vice-

President

and

President.

(2) At the first meeting of the State Council after its constitution,

the members referred to in sub-section (2) of section 3 shall elect a

President and a Vice-President, from amongst the members elected or

nominated under clauses (f) and (g) of sub-section (2) of section 3, in such

manner as may be prescribed.

(3) In case of any dispute regarding the election or nomination

of a member or the election of the President or the Vice-President, such

dispute shall be referred to the Government, and the decision of the

Government shall be final.

5. (1) The term of office of the elected and nominated members of

the State Council, under clauses (f) and (g) of sub-section (2) of section 3

shall be five years from the date of their election or nomination and they are

eligible for re-election or re-nomination, as the case may be.

(2) The term of office of the members nominated under clause

(e) of sub-section (2) of section 3 shall be two years from the date of their

nomination and they are eligible for re-nomination:

Provided that a member nominated under this sub-section shall cease

to be a member from the date on which he ceases to be a Dean.

(3) The term of office of the President and the Vice-President shall

be two years and they are eligible for re-election:

Provided that the President or the Vice-President shall cease to hold

his office from the date on which he ceases to be a member.

Term of office.

6. (1) Any member or the Vice-President may, at any time, resign his

office by giving a notice in writing addressed to the President and it shall

take effect from the date on which such notice is received by the President.

Resignation.

(2) The President may, at any time, resign his office by giving

a notice of thirty days in writing addressed to the State Council and the

resignation shall take effect from the date on which it is accepted by the

State Council or on the expiry of thirty days from the date of receipt of

notice whichever is earlier.

7. (1) Any casual vacancy caused by death, disqualification,

resignation or otherwise of any elected or nominated member, including

the President and the Vice-President, shall be filled up in accordance with

clauses (e), (f) and (g) of sub-section (2) of section 3 and sub-sections

(1) and (2) of section 4.

(2) The member so elected or nominated to fill up a casual vacancy

shall hold office for the remainder of the term of the member in whose place

he is elected or nominated.

Filling up

of casual

vacancies.

Disqualification

to be a

member.

8. No person shall be eligible for being nominated or elected as a

member, if, —

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(a) he is an un-discharged insolvent;

(b) he has been convicted of an offence involving moral turpitude;

mind; or

(d) his licence has been cancelled or suspended under section

20.

Deemed

vacation of

membership.

9. (1) An elected or a nominated member shall be deemed to have

vacated his office, —

(a) on his absence from three consecutive meetings of the State

Council;

(b) on his absence from India for a period exceeding six consecutive

months;

(d) on being disqualified for election or nomination under clauses

(a) to (c) of section 8.

(2) On occurrence of any vacancy under sub-section (1) or

otherwise, the Registrar shall forthwith report the same to the Government.

Powers of the

State Council.

10. The State Council shall have the powers to—

(a) specify the fee payable for the grant or renewal of licence,

transfer of a licence, registration of additional qualifications and any other

services rendered by it;

(b) investigate and inquire into complaints of professional and

ethical misconduct or medical negligence against the registered medical

practitioners;

practitioners and to impose on them penalties for proven misconduct or

negligence in accordance with the regulations made by the National

Medical Commission;

(d) suspend or cancel the licence of the registered medical

practitioners;

(e) investigate and inquire into the complaints of medical

practice by unqualified or unregistered medical practitioners in the State

and to take suo-moto action to curb such practices by making criminal

complaint to prosecute such persons;

(f) form committees to carry out any of its functions; and

(g) exercise such other powers, as may be conferred upon it

by the Government, from time to time.

11. The State Council shall perform the following functions, namely: —

(a) registration of practitioners of medicine in the State;

(b) issuing licence to the registered medical practitioners and

its renewal;

other States or Union territories;

Functions of

the State

Council.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 73

(d) maintenance of the State Register of registered medical

practitioners;

(e) registration of additional medical qualifications;

Central Act

30 of 2019.

(f) regulating professional conduct and promoting medical

ethics among the registered medical practitioners in accordance with the

regulations made under the National Medical Commission Act, 2019;

(g) promoting continuing medical education or continuing

professional development programmes for the registered medical

practitioners in the State and ensuring that they participate in such

programmes and update their professional competency and knowledge;

(h) providing guidance and advice to the registered medical

practitioners on professional and ethical conduct relating to medical

practice;

(i) ensuring that no unqualified person or un-registered

medical practitioner practices medicine in the State;

(j) collaboration with other medical bodies, institutions or

organizations to promote health and general well-being of the public at

large; and

(k) performance of such other functions as the Government may

entrust, from time to time.

Executive

Committee.

12. (1) There shall be an Executive Committee of the State Council,

consisting of five members of the State Council including the Chairperson

and the Vice-Chairperson.

(2) The President and Vice-President of the State Council shall be

the Chairperson and the Vice- Chairperson of the Executive Committee.

(3) The other members of the Executive Committee shall be

elected by the members elected or nominated under clauses (f) and (g) of

sub-section (2) of section 3 from amongst themselves in such manner as

may be prescribed.

(4) (a) Every member of the Executive Committee shall hold his

office for a period of two years from the date of election or re-election or till

he ceases to be a member of the State Council, whichever is earlier.

(b) If any casual vacancy arises in the office of the member

of the Executive Committee, such vacancy shall be filled up immediately in

the manner as provided in sub-section (3) and the person so elected to fill

up a casual vacancy shall hold his office for the remainder of the term of the

member in whose place he was elected.

(5) The State Council may delegate any of its powers and functions

to the Executive Committee, except the power to make regulations, subject

to such conditions as it may deem fit.

(6) No business shall be transacted at a meeting of the Executive

Committee unless at least three members of the Executive Committee are

present.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(7) Any matter taken up for consideration at a meeting of the

Executive Committee shall be decided by the majority of members present

and voting. In the event of equality of votes, the Chairperson or in his

absence the Vice-Chairperson or any other member of the Executive

Committee presiding over the meeting shall have and exercise a casting

vote.

Registrar.

13. (1) The State Council shall, with the previous approval of the

Government, appoint a Registrar, who shall act as the Secretary to the

State Council.

(2) The Registrar shall hold office for a period of three years and

shall be eligible for re-appointment for a further period of three years:

Provided that no person appointed as the Registrar shall hold office on

attaining the age of sixty years.

(3) The qualifications, salary, allowances and other conditions of

service of the Registrar shall be such as may be prescribed.

(4) If any temporary vacancy in the office of the Registrar arises

due to leave or any other reason, the State Council may, with the previous

approval of the Government, authorise another person to act as the

Registrar:

Provided that, when the period of such temporary vacancy does

not exceed thirty days, the Executive Committee itself may make such

authorisation and forthwith report it to the Government.

Powers and

duties of

Registrar.

14. The Registrar shall—

(a) maintain the State Register in such form and manner as may

be prescribed;

(b) arrange and be present at every meeting of the State Council

and prepare minutes of that meeting;

the State Council and the Executive Committee, including custody and

maintenance of its documents and records;

(d) maintain the accounts of the State Council in such form and

manner as may be prescribed;

(e) manage the properties of the State Council;

(f) have supervisory control over the officers and employees of the

State Council;

(g) take necessary steps to fill up the vacancies in the State

Council and the Executive Committee;

(h) conduct the correspondences on behalf of the State Council,

including issue of notices under the rules and regulations;

(i) liaise with the Health Universities, Medical Colleges or

Institutions and other Government departments and agencies;

(j) represent the State Council in meetings with the Government,

other organizations and the public; and

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 75

(k) perform such other duties as may be assigned to him by the

President, from time to time.

15. (1) The State Council may appoint such number of officers

and employees as may be specified in the regulations for the efficient

performance of its functions.

Officers and

employees

of the

State Council.

(2) The recruitment, conditions of service, pay and allowances,

discipline and conduct of the officers and employees of the State Council

shall be such as may be specified in the regulations.

CHAPTER - III

REGISTRATION OF MEDICAL PRACTITIONERS

16. The State Council shall maintain a State Register containing the

names of the registered medical practitioners in the State in such form as

may be prescribed.

State Register.

Central Act 30

of 2019

17. (1) Any person who possesses a medical qualification recognised

under the National Medical Commission Act, 2019 and intends to establish

medical practice in the State or to work as a medical professional in any

medical institution or establishment in the State, is eligible to be enrolled in

the State Register as a registered medical practitioner under this Act.

Eligibility for

registration.

(2) No person shall be eligible for registration under this Act, if, —

(a) he is an un-discharged insolvent;

(b) he is of unsound mind and so declared by a competent

Court; or

State or the Union territory has been cancelled or suspended for violation

of professional and ethical conduct; or

(d) he has been convicted of an offence involving moral

turpitude.

18. (1) Every person, who is eligible to be enrolled as a medical

practitioner under section 17, may apply to the State Council for registration

along with such fee as may be specified in the regulations and the State

Council, on being satisfied that he is eligible for registration, shall enter his

name in the State Register and grant him a licence to practice medicine

in the State within thirty days from the date of receipt of the application.

The licence shall be valid for a period of five years.

Registration.

(2) Every registered medical practitioner, who intends to register

any additional medical qualification shall apply to the State Council in the

prescribed form together with the original certificate of such additional

qualification along with such fee as may be specified in the regulations. The

State Council shall, if satisfied, make necessary entries relating to such

additional medical qualification in the State Register.

(3) Every registered medical practitioner shall, for the renewal

of the licence, apply to the State Council, along with such fee as may

be specified in the regulations, before three months of expiration of the

licence. The State Council shall, after ensuring that the registered medical

practitioner has participated in professional meetings as part of continuing

medical education programmes for at least thirty hours, renew the licence

for a period of five years and make necessary entries relating to such

renewal in the State Register:

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Provided that if no application for renewal of licence is received before

expiration of the validity of licence, the name of the medical practitioner in

the State Register shall be marked as inactive and the said person shall not

be entitled to practice medicine after the expiration of the validity of licence.

(4) If a medical practitioner who is registered with the Medical

Council of any other State or a Union territory intends to transfer such

registration to this State, such medical practitioner shall apply to the State

Council in such manner as may be specified in the regulations with a no

objection certificate. The State Council may register the name of such

applicant in the State Register on payment of such fee as may be specified

in the regulations.

Provisional

registration.

19. (1) A person who has passed the qualifying examination of

any University or medical institution in India for the grant of a

recognised medical qualification and a person who obtains a foreign

medical qualification and qualifies to register under the regulations made

by the National Medical Commission shall apply for provisional registration

to the State Council in such form and manner along with such fee as may

be specified in the regulations.

(2) On receipt of the application under sub-section (1), the

State Council may provisionally register the name of the applicant in the

State Register so as to enable him to undergo Compulsory Rotating Medical

Internship in hospitals or medical institutions in the State.

Suspension or

cancellation

of licence.

20. (1) If a registered medical practitioner becomes disqualified under

sub-section (2) of section 17 or violates any of the regulations relating to the

professional and ethical conduct in medical practice, the State Council may

suspend his licence. Thereafter, upon conduct of inquiry, and after giving

a reasonable opportunity of being heard, the State Council may cancel his

licence and remove his name from the State Register for the reasons to be

recorded in writing.

(2) The State Council reserves the right to cancel the licence of

a registered medical practitioner, at any time after giving an opportunity

of being heard, if it is found that he has obtained the licence by making

false representation or has concealed any material fact or document, which

attracts disqualification for his registration in the State Register.

(3) A medical practitioner whose licence has been cancelled under

sub-section (2) shall forthwith surrender his licence to the State Council.

(4) A registered medical practitioner may also apply for cancellation

of his licence, in the form specified in the regulations, enclosing his

licence, to the State Council for any of the following reasons, namely: –

(a) retirement from medical practice;

(b) intention to pursue interests or career other than medical

practice; or

medical practice:

Provided that, no such application shall be entertained by the State

Council, if any disciplinary proceeding is pending or contemplated against

the registered medical practitioner.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 77

(5) Every cancellation of licence by the State Council under this

section shall be published in the Tamil Nadu Government Gazette by the

Registrar and the name of such medical practitioner shall be removed from

the State Register.

(6) If a medical practitioner, whose licence has been

cancelled under sub-section (4) intends to practice again, he may

get himself re-registered with the State Council and obtain a fresh

licence, if he is otherwise eligible for registration and grant of

licence. In that case, the provisions contained in section 18 shall mutatis

mutandis apply.

Central Act

30 of 2019

21. (1) Every registered medical practitioner shall be bound by the

professional and ethical conduct as may be specified in the regulations

made under the National Medical Commission Act, 2019, from time to time.

(2) The State Council may impose one or more of the following

penalties against any registered medical practitioner for violation of

professional and ethical conduct referred to in sub-section (1), as it may

deem fit, namely: —

Professional

and Ethical

Conduct.

(a) censure;

(b) fine;

or counselling;

(d) undertaking community service or any other form of social

service;

(e) compliance with any restriction or condition in regard to

medical practice;

(f) suspension of licence; or

(g) cancellation of licence and removal of name from the

State Register.

Provided that, no such order shall be made unless the registered medical

practitioner is given an opportunity of making a written representation

against the proposed penalty.

22. Any person aggrieved by an order of the State Council under

sections 18 to 21 may, within thirty days from the date of receipt of the

order, prefer an appeal to the Ethics and Medical Registration Board.

Appeal.

23. Any person aggrieved by an order of the Ethics and Medical

Registration Board in an appeal preferred under section 22 may,

within sixty days from the date of receipt of the order, prefer a

second appeal to the National Medical Commission.

Second appeal.

Publication

of list of

Registered

Medical

Practitioners.

24. The Registrar shall annually cause to be printed and published,

in such form and manner as may be prescribed, a list of names of all

the medical practitioners registered under this Act. The list shall also be

published in the official website of the State Council.

Procedure to be

followed.

25. The State Council, while exercising the powers and discharging

the functions under this Chapter shall follow the regulations made under

the National Medical Commission Act, 2019.

Central Act

30 of 2019

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

CHAPTER IV

MEETINGS OF THE STATE COUNCIL

Meetings of the

State Council.

26. (1) The State Council shall meet at least once in three months on

such date, time and place, as the President may determine.

(2) The meetings of the State Council shall be convened and

conducted in such manner as may be specified in the regulations.

(3) The President shall preside over the meetings of the State

Council. If the President is absent, the Vice-President, and in the absence

of both, a member elected by the members present at the meeting, shall

preside over the meeting.

(4) Any matter taken up for consideration in a meeting of the State

Council shall be decided by a majority of the members present and voting

and in the case of equality of votes, the person presiding over that meeting

shall have and exercise a casting vote.

(5) Ten members shall form the quorum for a meeting of the State

Council.

(6) The President, Vice-President and the members shall be

entitled to such sitting fees and allowances for attending the meetings of

the State Council, as may be specified in the regulations.

Vacancies, etc.,

not to

invalidate

proceedings

of the State

Council.

27. No act or proceeding of the State Council shall be invalid merely

by reason of, —

(a) any vacancy in, or any defect in the constitution of the State

Council; or

(b) any defect in the election or nomination of the President, the

Vice-President or any other member; or

not affecting the merits of the case.

CHAPTER-V

FINANCE, ACCOUNTS AND AUDIT

Funds of the

State Council.

28. (1) The State Council shall have its own fund, namely, the

Tamil Nadu State Medical Council Fund, which shall be administered by it.

(2) The following shall be credited to the Fund, namely: —

(a) all fees, charges and fine amount received by the State

Council;

(b) any grant or donation received by the State Council from

the Government or any other person; and

or other sources.

(3) The Fund shall be utilised to meet the expenses of the State

Council, including payment of salaries and allowances to the Registrar,

its officers and employees, sitting fees and allowances to its members,

procurement of equipments and vehicles and other administrative

expenses.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 79

29. (1) The accounts of the State Council shall be maintained in such

form and manner as may be prescribed. The State Council shall prepare

an annual statement of accounts in such form and manner as may be

prescribed.

Accounts and

Audit.

(2) The accounts of the State Council shall be audited annually by

an auditor appointed by the Government.

CHAPTER-VI

MISCELLANEOUS

Central Act

XLV of 1860.

30. The President, the Vice-President, the members, the Registrar

and officers and employees of the State Council shall, when acting or

purporting to act in pursuance of the provisions of this Act shall be deemed

to be public servants within the meaning of section 21 of the Indian

Penal Code.

President,

Vice-President,

etc., to be

public servants.

31. No suit, prosecution or other legal proceeding shall lie

against the State Council, the President, the Vice-President, other

members, the Registrar or officers and employees of the State

Council for anything done in good faith or intended to be done under this

Act or rules or regulations.

Protection of

action taken

in good faith.

32. (1) If, at any time, it appears to the Government that the State

Council has failed to exercise or has exceeded or abused any of the powers

or functions conferred on it by or under this Act, and if in the opinion of

the Government such failure, excess or abuse is of a serious nature, the

Government may direct the State Council to rectify or refrain from such

default, excess, or abuse, within such time as may be specified. If the State

Council fails to comply with any of such directions, the Government may

supersede the State Council and appoint an officer of the Government, not

below the rank of a Dean of a medical college, to discharge the powers and

functions of the State Council for a period not exceeding six months.

Control of

Government

over the

State Council.

(2) The Government shall, thereafter, take necessary steps to

reconstitute the State Council in accordance with the provisions of this Act

before the expiry of the said period of six months.

33. If any difficulty arises in giving effect to any of the provisions of

this Act, the Government may, by notification, make such provision, not

inconsistent with the provisions of this Act, as it may appear to them to be

necessary or expedient for removing that difficulty:

Power to

remove

difficulties.

Provided that no such notification shall be issued after the expiry of

two years from the date of commencement of this Act.

34. (1) The Government may, by notification, make rules to carry out

all or any of the purposes of this Act.

Power to make

rules.

(2) All rules or regulations made and notifications or orders issued

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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(3) Every rule made or notification 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 Assembly makes any modification in any

such rule, notification or the Assembly decides that the rule, notification

should not be made or issued, the rule or notification 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.

Power to make

regulations.

35. (1) The State Council may, with the previous approval of the

Government, make regulations not inconsistent with the provisions of this

Act and the rules.

(2) In particular and without prejudice to the generality of

the foregoing power, such regulations may provide for all or any of the

following matters, namely: —

(a) convening and holding of meetings of the State Council

and of the Executive Committee;

(b) the manner of conduct of business in the meetings;

(d) maintenance of accounts and preparation of balance

sheets of the State Council;

(e) manner of recruitment, conditions of service, pay and

allowances, discipline and conduct, of officers and employees of the State

Council;

(f) fee to be collected for registration, licence, renewal of

licence and transfer of licence and registration of additional qualifications;

(g) procedure for carrying out the functions of the State

Council; and

(h) any other matter which is to be or may be provided in the

regulations.

. Repeal and

saving.

36. (1) The Tamil Nadu Medical Registration Act, 1914 is hereby

repealed.

Tamil Nadu

Act IV of 1914

(2) Notwithstanding such repeal, the repeal shall not, —

(a) affect anything done or any action taken under the Act so

repealed, before the commencement of this Act;

(b) affect any right, privilege, obligation or liability acquired,

accrued or incurred under the Act so repealed;

in respect of any offence committed against the Act so repealed; or

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 85

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following

Bill which was introduced in the Legislative Assembly of the Tamil Nadu on

21st February, 2024 is published together with Statement of Objects and

Reasons for general information:—

L.A Bill No. 16 of 2024

A Bill further to amend the Tamil Nadu Hindu Religious

and Charitable Endowments Act, 1959.

BE it enacted by the Legislative Assembly of the State of

Tamil Nadu in the Seventy-fifth Year of the Republic of India as

follows:-

1. (1) This Act may be called the Tamil Nadu Hindu Religious

and Charitable Endowments (Amendment) Act, 2024.

(2) It shall come into force at once.

Short title and

Commencement

Tamil Nadu

Act 22 of

1959.

In section 26 of the Tamil Nadu Hindu Religious and

Charitable Endowments Act, 1959, (hereinafter referred to as the

principal Act), in sub-section (1), in clause (e), the expression “or

is suffering from leprosy or any other loathsome disease” shall be

omitted.

Amendment of

section 26.

In section 53 of the principal Act, in sub-section (2), in clause

(f), the expression “or is suffering from leprosy or other loathsome

disease” shall be omitted.

Amendment of

section 53.

In section 66 of the principal Act, in sub-section (1), clause

(j) shall be omitted.

Amendment of

section 66.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

The Hon’ble Supreme Court of India in its order dated.05.07.2018 in Writ Petition (Civil) No.767/2014 has

observed that people suffering from leprosy must be treated with equality and directed the State Governments

to apprise about the steps taken with regard to the repeal of the provisions where leprosy has been treated as

a stigmatic disability.

2. Under clause (e) of sub-section (1) of section 26 of the Tamil Nadu Hindu Religious and Charitable

Endowments Act,1959 (Tamil Nadu Act 22 of 1959), a person shall be disqualified for being appointed as and

for being a Trustee of any religious institution if he is suffering from leprosy. Under clause (f) of sub-section

(2) of section 53 of the said Act, the appropriate authority may suspend, remove or dismiss any trustee of a

religious institution if he is suffering from leprosy. Further, clause (j) of sub-section (1) of section 66 of the said

Act provides for establishment and maintenance of asylums exclusively for persons suffering from leprosy.

3. The Government have therefore decided to amend clause (e) of sub-section (1) of section 26 and

clause (f) of sub-section (2) of section 53 and also to omit clause (j) of sub-section (1) of section 66 of the said

Act so as to eliminate the stigmatic disability and discrimination against the persons suffering from leprosy.

4. The Bill seeks to give effect to the above decision.

P. K. SEKARBABU,

Minister for Hindu Religious and Charitable

Endowments Department.

Secretariat,

Chennai-600 009,

K. SRINIVASAN,

21st February 2024.

Principal Secretary.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 87

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following

Bill which was introduced in the Legislative Assembly of the Tamil Nadu on

21st February, 2024 is published together with Statement of Objects and

Reasons for general information:—

L.A Bill No. 17 of 2024

A Bill to put in place an institutional mechanism for the

preparation, approval, implementation and monitoring of the

Development Action Plan for the Scheduled Castes and the

Scheduled Tribes and to earmark funds for the development of

the Scheduled Castes and the Schedules Tribes not less than

the proportion to their population in the State of Tamil Nadu

and for matters connected therewith or incidental thereto.

Be it enacted by the Legislative Assembly of the State of

Tamil Nadu in the Seventy-fifth Year of the Republic of India as

follows:—

CHAPTER – I

PRELIMINARY

(1) This Act may be called the Tamil Nadu Development

Action Plan for the Scheduled Castes and the Scheduled Tribes Act,

2024.

Short title,

extent and

commencement.

(2) It extends to the whole of the State of Tamil Nadu.

(3) It shall come into force on such date as the

State Government may, by notification, appoint.

In this Act, unless the context otherwise requires,—

Definition.

(a) “Development Action Plan” means the Development

Action Plan for the Scheduled Castes and the Scheduled Tribes

approved by the State Council;

(b) "Empowered Committee" means the Committee

constituted under section 5;

salary, salary grants-in-aid, pension, administrative establishment,

capital expenditure, principal repayment, interest payment and any

other expenditure of administrative nature as may be notified by the

Government and it includes the amounts that could not be spent due

to non-release or short release of funds by the Union Government for

Central Sector Schemes and Centrally Sponsored Schemes;

(d) "gaps in development" means the shortfall in

such development indices, as may be prescribed, pertaining to the

Scheduled Castes and the Scheduled Tribes in comparison to the

State average;

(e) "General Schemes" means schemes included in

the Statement of Welfare Expenditure which benefit all the social

groups in the State including the Scheduled Castes and the Scheduled

Tribes;

(f) "Scheduled Castes” and “Scheduled Tribes" shall

have the same meaning assigned to them, in clauses (24) and (25),

respectively, of Article 366 of the Constitution of India;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(g) "Special Schemes" means schemes included in

the Statement of Welfare Expenditure which exclusively benefit the

Scheduled Castes and the Scheduled Tribes in the State;

(h) "State" means the State of Tamil Nadu;

(i)

"State Council" means the Tamil Nadu State Council

for the Development of the Scheduled Castes and the Scheduled

Tribes constituted under section 3;

(j)

“Statement of welfare expenditure” means the

statement published by the Government which contains the sector

wise abstract of the welfare expenditure and the budgetary allocations

for various welfare schemes;

(k) "total welfare expenditure outlay of the State"

means overall sum of the budgetary allocation made for the schemes

listed in the Statement of welfare expenditure.

CHAPTER-II

INSTITUTIONAL ARRANGEMENT

Constitution of the

State Council.

(1) The Government shall, by notification, constitute

a Council to be known as the Tamil Nadu State Council for the

Development of the Scheduled Castes and the Scheduled Tribes

to exercise the powers conferred on, and to perform the functions

assigned to, it under this Act.

(2) The State Council shall consist of the following members,

namely:—

(a) the Chief Minister, who shall be the Chairperson,

ex-officio;

(b) the Minister in-charge of the Adi Dravidar and Tribal

Welfare, ex-officio;

(d) the Minister in-charge of Forests, ex-officio;

(e) five members to be nominated by the Government

from among the members of the Legislative Assembly and the

members of the Parliament, belonging to the Scheduled Castes or

the Scheduled Tribes, ex-officio;

(f) the Chief Secretary to Government, ex-officio;

(g) the Secretary to Government in-charge of Finance,

ex-officio;

(h) the Secretary to Government in-charge of Planning,

Development and Special Initiatives, ex-officio;

(i) the

Secretary

Government

in-charge

Environment, Climate Change and Forests, ex-officio;

(j) the

Secretary

Government

in-charge

Adi Dravidar and Tribal Welfare, who shall be the Member-Secretary,

ex-officio; and

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 89

(k) one member to be nominated by the Government

from among the persons working for the welfare of the Scheduled

Castes and the Scheduled Tribes in the State.

(3) The members nominated under clause (e) of

sub-section (2) shall hold office till they cease to be a member of the

Legislative Assembly or the Parliament, as the case may be.

(4) The member nominated under clause (k) of sub-section

(2) shall hold office for a period of one year.

(5) The Government may, at any time, cancel any of the

nominations made under clause (e) or clause (k) of sub-section (2)

and make fresh nominations under the said clauses.

(6) The nominated members shall be eligible for such

allowances as may be prescribed.

(7) The State Council shall meet at least once in a year.

The State Council shall perform the following functions,

namely:—

Functions of the

State Council.

(a) advise the Government on policy matters relating to

the Development Action Plan;

(b) suggest measures for planning and implementation

of the Schemes for the development of the Scheduled Castes and the

Scheduled Tribes ;

the Empowered Committee;

(d) give directions to the Empowered Committee in

planning, implementation and monitoring of the Development Action

Plan;

(e) perform such other functions as may be prescribed.

(1) There shall be an Empowered Committee of the

State Council consisting of the following members, namely:—

Constitution of

the Empowered

Committee.

(a) the Minister in-charge of Adi Dravidar and Tribal

Welfare, who shall be the Chairperson, ex-officio;

(b) the Chief Secretary to Government, ex-officio;

Secretary

Government

in-charge

Adi Dravidar and Tribal Welfare, ex-officio;

(d) the Secretary to Government in-charge of Finance,

ex-officio;

(e) the Secretary to Government in-charge of Planning,

Development and Special Initiatives, ex-officio;

(f) the

Secretary

Government

in-charge

Environment, Climate Change and Forests, ex-officio;

(g) the Director, Adi Dravidar Welfare Department,

ex-officio, who shall be the convener; and

(h) the Director, Tribal Welfare Department, ex-officio,

who shall be the co-convener.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(2) The Secretary to Government of the respective

departments for which funds are earmarked or proposed to be

earmarked in the Development Action Plan, shall be the special

invitees for the meetings of the Empowered Committee.

(3) The Empowered Committee shall meet at least thrice in

a year.

Functions of the

Empowered

Committee.

The Empowered Committee shall perform the following

functions, namely:—

(a) formulate and design suitable schemes for the

development of the Scheduled Castes and the Scheduled Tribes;

(b) monitor and review the implementation of the

schemes for the development of the Scheduled Castes and the

Scheduled Tribes by the respective departments;

place it before the State Council for its approval;

(d) evaluate the outcome and impact of the ongoing

schemes of the respective departments for the development of the

Scheduled Castes and the Scheduled Tribes and appraise it to the

State Council;

(e) finalize the quantum of the unspent funds earmarked

under this Act for the development of the Scheduled Castes and the

Scheduled Tribes to various departments in a financial year, which

shall be carried forward to the financial year next to the immediately

succeeding financial year;

(f) perform such other functions, as may be prescribed.

Nodal Department

and its functions.

(1) The Adi Dravidar and Tribal Welfare Department shall

be the nodal department for the formulation and implementation of

the Development Action Plan.

(2) The nodal department shall,–

(a) prepare the draft Development Action Plan and

place it before the Empowered Committee for its consideration and

approval;

(b) monitor the implementation of the schemes for the

development of the Scheduled Castes and the Scheduled Tribes;

planning, allocation and utilization of the funds earmarked under this

Act for the development of the Scheduled Castes and the Scheduled

Tribes;

(d) undertake research, survey and statistical studies,

in such manner as may be prescribed, to track the progress of the

implementation of the Schemes for the development of the Scheduled

Castes and the Scheduled Tribes;

(e) create a web portal for the dissemination of such

information for the development of the Scheduled Castes and the

Scheduled Tribes in such manner, as may be prescribed; and

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 91

(f) undertake periodical impact analysis of the

implementation of the Development Action Plan based on the gaps in

development.

(1) There shall be a District Monitoring Committee in each

district, which shall be responsible for the implementation of the

Development Action Plan in the district.

District Monitoring

Committee and

its functions.

(2) The District Monitoring Committee shall consist of the

following members, namely:—

(a) the District Collector, who shall be the Chairman,

ex-officio;

(b) not more than five Members of the State Legislative

Assembly or of the Parliament, preferably those belonging to the

Scheduled Castes or the Scheduled Tribes, whose constituency lies

wholly or partly in that District, to be nominated by the Government,

ex-officio;

Agency, ex-officio;

(d) the District Revenue Officer, ex-officio;

(e) the District Forest Officer, ex-officio;

(f) the Joint Director, Agriculture, ex-officio;

(g) the District Adi Dravidar and Tribal Welfare Officer,

ex-officio, who shall be the Convener; and

(h) the Project Director of the district, where the

Integrated Tribal Development Programme is implemented, ex-officio,

who shall be the co-convener.

(3) The District level officers of the respective departments,

for which funds are earmarked or proposed to be earmarked in the

Development Action Plan, for the development of the Scheduled

Castes and the Scheduled Tribes, shall be the special invitees for the

meetings of the District Monitoring Committee.

(4) The members nominated under clause (b) of

sub-section (2) shall hold office till they cease to be a member of the

Legislative Assembly or the Parliament, as the case may be.

(5) The Government may, at any time, cancel any of the

nominations made under clause (b) of sub-section (2) and make fresh

nominations under the said clause;

(6) The nominated members shall be eligible for such

allowances as may be prescribed.

(7) The District Monitoring Committee shall review the

implementation of the Development Action Plan in the District once in

three months and submit a progress report to the nodal department.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

CHAPTER-III

PREPARATION OF DEVELOPMENT

ACTION PLAN AND

EARMARKING OF FUNDS.

Preparation of

Development

Action Plan.

(1) The nodal department shall evaluate the gaps in

development of the Scheduled Castes and the Scheduled Tribes

in consultation with the departments concerned and then prepare a

draft Development Action Plan in such manner as may be prescribed

and place it before the Empowered Committee for its consideration

and approval before the beginning of each financial year.

(2) The Empowered Committee shall evaluate the draft

Development Action Plan and place it before the State Council for its

approval with or without modifications, as it may deem fit.

(3) The State Council shall examine the draft Development

Action Plan and approve it subject to the modifications as it may deem

fit.

Earmarking of

Funds for the

Development of

the Scheduled

Castes and

the Scheduled

Tribes.

10. (1) The Government shall, in every financial year, earmark

funds for the development of the Scheduled Castes and the

Scheduled Tribes from the total welfare expenditure outlay of the

State, in such manner as may be prescribed, which shall be not less

than the proportion of the population of the Scheduled Castes and the

Scheduled Tribes in the State.

(2) The unspent funds earmarked in a financial year to

a department under sub-section (1) for the development of the

Scheduled Castes and the Scheduled Tribes, if any, except the

exempted expenditure, shall be carried forward to the financial year

next to the immediately succeeding financial year and it shall not be

carried forward beyond that year.

(3) Out of the funds so carried forward, two-thirds shall be

allocated to the same Department and the remaining one-third to

the nodal department under a separate head of account and such

carried forward funds shall be utilized by the respective departments

in accordance with the guidelines issued by the Government, from

time to time.

(4) The funds for the development of the Scheduled Castes

and the Scheduled Tribes under sub-section (1) shall be earmarked in

each financial year in accordance with the annual financial statement

of the Government.

Expenditures to

be included in

the Earmarked

Funds.

11. While earmarking the funds for the development of the

Scheduled Castes and the Scheduled Tribes under section 10, the

following expenditures may be included therein, namely:—

(a) in respect of the Special Schemes exclusively

benefitting the Scheduled Castes and the Scheduled Tribes, hundred

percent of the expenditure allocated for such schemes;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 93

(b) in respect of General Schemes, a portion of the

expenditure allocated to such schemes in proportion to the population

of the Scheduled Castes and the Scheduled Tribes in the State or

to the number of beneficiaries of such schemes belonging to the

Scheduled Castes and the Scheduled Tribes, as the case may be,

whichever is higher; and

infrastructure works, a portion of the scheme cost as it may deem fit.

12. Each department shall measure the gaps in the development

of the Scheduled Castes and the Scheduled Tribes in the State in the

prescribed manner and prioritize their developmental needs through

a consultative process and may propose schemes to the Empowered

Committee through the nodal department.

Proposal of

Schemes.

13. The Empowered Committee shall evaluate the Schemes,

if any, proposed by the nodal department and ensure that those

Schemes are in conformity with this Act.

Appraisal of

proposed

Schemes.

CHAPTER-IV

MISCELLANEOUS

14. (1) The Government shall ensure transparency and

accountability at all levels in the implementation of the schemes for

the development of the Scheduled Castes and the Scheduled Tribes.

Transparency and

Accountability.

(2) The Government shall publish the documents along

with relevant statistical data on the status of the implementation of

Development Action Plan, in the Web Portal created under this Act

and in any other web portal or public domain, as may be notified by

the Government.

15. The nodal department shall place before the Legislative

Assembly, an annual report in respect of each financial year on the

impact and outcome of the implementation of the Development Action

Plan containing the department wise achievements and the status of

the unspent funds earmarked during that financial year.

Annual Report.

16. If any difficulty arises in giving effect to the provisions 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 appear to them to be necessary or expedient

for the removal of the difficulty:

Provided that no such order shall be made after the expiration

of a period of two years from the date of commencement of this Act.

Power to remove

difficulties.

17. (1) The Government may, by notification, make rules for

carrying out all or any of the provisions of this Act.

Power to make

rules.

(2) In particular and without prejudice to the generality

of the foregoing power, such rules may provide for all or any of the

following matters, namely:-

(a) the development indices for the measurement of

gaps in development and the manner of such measurement ;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(b) allowances payable to the nominated members of

the State Council and the District Monitoring Committee;

Empowered Committee;

(d) the manner of undertaking research, survey and

statistical studies by the nodal department to track the progress of the

implementation of the schemes for the development of the Scheduled

Castes and the Scheduled Tribes;

(e) kinds of information which have to be disseminated

through the web portal and the manner of such dissemination;

(f) manner of preparation of the Development Action

Plan;

(g) manner of earmarking of the funds under

section 10 for the development of the Scheduled Castes and the

Scheduled Tribes; and

(h) any other matter which is required to be, or may be,

prescribed under this Act.

(3) (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, come into

force on the day on which they are so published.

(4) 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 Assembly

makes any modification in any such rule or notification or order, or

the Assembly decides that the rule or notification or order should not

be made or issued, such 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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 99

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 2023.

1. This Act may be called the Tamil Nadu Appropriation Act, 2024.

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 2023, a further

sum not exceeding Thirty Thousand Three Hundred Fifty-Five Crores Thirty-One Lakhs

Seventy-One Thousand rupees, being moneys required to meet-

the supplementary grants made by the Tamil Nadu Legislative Assembly for that year,

as set forth in column (3) of the Scheduleand

Short title.

Supple me n t a r y

appropriation

out

of the Consolidated

Fund of the State

for the services and

purposes

the

financial

year

which commenced

on the 1st day of

April 2023.

the supplementary expenditure charged on the Consolidated Fund of the State for that

year, as set forth in column (4) of the Schedule.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Seventy-fifth Year of the

Republic of India as follows:-

(a)

(b)

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 21st February, 2024 is published together with Statement

of Objects and Reasons for general information:—

L.A Bill No. 18 of 2024

100

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

THE SCHEDULE.

(See section 2).

Demand

Number

Services and Purposes

Sums not exceeding

Voted by the

Legislative

Assembly

Total

(1)

(2)

(3)

(4)

(5)



Charged on the

Consolidated

Fund of the State

STATE LEGISLATURE

6,000

Revenue

Capital

Loan

...

...

1,35,88,000

...

1,35,82,000

001

GOVERNOR AND COUNCIL OF MINISTERS

8,20,03,000

Revenue

Capital

Loan

...

...

10,34,67,000

...

2,14,64,000

002

ADMINISTRATION OF JUSTICE

308,01,16,000

Revenue

Capital

Loan

...

...

361,97,88,000

...

53,96,72,000

003

ADI-DRAVIDAR AND TRIBAL WELFARE

DEPARTMENT

13,000

Revenue

Capital

Loan

30,09,000

315,97,45,000

...

10,68,64,000

315,97,45,000

30,09,000

10,68,51,000

004

AGRICULTURE AND FARMER'S WELFARE

DEPARTMENT

1,09,000

Revenue

Capital

Loan

91,54,17,000

117,24,34,000

...

5,91,000

117,24,34,000

91,54,17,000

4,82,000

005

ANIMAL HUSBANDRY (Animal Husbandry,

Dairying, Fisheries and Fishermen Welfare Department)

53,000

Revenue

Capital

Loan

53,73,000

4,000

...

13,06,000

4,000

53,73,000

12,53,000

006

FISHERIES AND FISHERMEN WELFARE (Animal

Husbandry, Dairying, Fisheries and Fishermen Welfare

Department)

46,40,78,000

Revenue

Capital

Loan

...

...

46,40,78,000

...

...

007

DAIRY DEVELOPMENT (Animal Husbandry,

Dairying, Fisheries and Fishermen Welfare Department)

27,12,33,000

Revenue

Capital

Loan

150,00,00,000

33,00,02,000

...

27,12,33,000

33,00,02,000

150,00,00,000

...

008

BACKWARD CLASSES, MOST BACKWARD

CLASSES AND MINORITIES WELFARE

DEPARTMENT

268,42,52,000

Revenue

Capital

Loan

9,99,000

4,000

...

268,42,52,000

4,000

9,99,000

...

009

COMMERCIAL TAXES (Commercial Taxes and

Registration Department)

79,19,22,000

Revenue

Capital

Loan

60,00,000

...

...

79,19,22,000

...

60,00,000

...

010

STAMPS AND REGISTRATION (Commercial Taxes

and Registration Department)

27,28,48,000

Revenue

Capital

Loan

...

...

27,35,12,000

...

6,64,000

011

CO-OPERATION (Co-operation, Food and Consumer

Protection Department)

1,078,99,49,000

Revenue

Capital

Loan

42,43,000

...

...

1,078,99,49,000

...

42,43,000

...

012

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 101

Demand

Number

Services and Purposes

Sums not exceeding

Voted by the

Legislative

Assembly

Total

(1)

(2)

(3)

(4)

(5)



Charged on the

Consolidated

Fund of the State

FOOD AND CONSUMER PROTECTION

(Co-operation, Food and Consumer Protection

Department)

463,49,80,000

Revenue

Capital

Loan

...

1,000

...

463,49,80,000

1,000

...

...

013

ENERGY DEPARTMENT

15,695,73,78,000

Revenue

Capital

Loan

1,000

58,46,45,000

...

15,695,73,78,000

58,46,45,000

1,000

...

014

ENVIRONMENT AND CLIMATE CHANGE

(Environment, Climate Change and Forests

Department)

3,000

Revenue

Capital

Loan

2,97,65,000

...

...

3,000

...

2,97,65,000

...

015

FINANCE DEPARTMENT

41,72,57,000

Revenue

Capital

Loan

2,000

1,000

...

41,75,07,000

1,000

2,000

2,50,000

016

HANDLOOMS AND TEXTILES (Handlooms,

Handicrafts, Textiles and Khadi Department)

289,71,39,000

Revenue

Capital

Loan

36,99,000

111,50,00,000

...

289,71,39,000

111,50,00,000

36,99,000

...

017

KHADI, VILLAGE INDUSTRIES AND

HANDICRAFTS (Handlooms, Handicrafts, Textiles

and Khadi Department)

5,49,33,000

Revenue

Capital

Loan

...

...

5,49,33,000

...

...

018

HEALTH AND FAMILY WELFARE DEPARTMENT

578,78,75,000

Revenue

Capital

Loan

96,31,000

87,17,23,000

...

578,93,51,000

87,17,23,000

96,31,000

14,76,000

019

HIGHER EDUCATION DEPARTMENT

69,33,47,000

Revenue

Capital

Loan

...

4,000

...

69,33,47,000

4,000

...

...

020

HIGHWAYS AND MINOR PORTS DEPARTMENT

41,22,23,000

Revenue

Capital

Loan

10,00,000

28,000 253,14,04,000

...

41,31,70,000

253,14,32,000

10,00,000

9,47,000

021

POLICE (Home, Prohibition and Excise Department)

274,32,44,000

Revenue

Capital

Loan

1,000

...

274,32,44,000

1,000

...

022

FIRE AND RESCUE SERVICES (Home, Prohibition

and Excise Department)

21,43,15,000

Revenue

Capital

Loan

...

1,000

...

21,70,91,000

1,000

...

27,76,000

023

PRISONS AND CORRECTIONAL SERVICES

(Home, Prohibition and Excise Department)

53,95,12,000

Revenue

Capital

Loan

...

7,10,22,000

...

53,95,12,000

7,10,22,000

...

...

024

MOTOR VEHICLES ACTS-ADMINISTRATION

(Home, Prohibition and Excise Department)

11,44,11,000

Revenue

Capital

Loan

...

...

11,44,11,000

...

...

025

102

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Demand

Number

Services and Purposes

Sums not exceeding

Voted by the

Legislative

Assembly

Total

(1)

(2)

(3)

(4)

(5)



Charged on the

Consolidated

Fund of the State

HOUSING AND URBAN DEVELOPMENT

DEPARTMENT

13,000

Revenue

Capital

Loan

3,000

1,399,99,97,000

...

13,000

1,399,99,97,000

3,000

...

026

INDUSTRIES, INVESTMENT PROMOTION AND

COMMERCE DEPARTMENT

14,000

Revenue

Capital

Loan

1,000

154,59,72,000

...

14,000

154,59,72,000

1,000

...

027

INFORMATION AND PUBLICITY (Tamil

Development and Information Department)

22,26,98,000

Revenue

Capital

Loan

...

6,05,000

...

22,28,95,000

6,05,000

...

1,97,000

028

TOURISM - ART AND CULTURE (Tourism, Culture

and Religious Endowments Department)

2,09,04,000

Revenue

Capital

Loan

43,68,000

6,000

...

2,09,04,000

6,000

43,68,000

...

029

STATIONERY AND PRINTING (Tamil Development

and Information Department)

6,000

Revenue

Capital

Loan

...

13,91,52,000

...

6,000

13,91,52,000

...

...

030

INFORMATION TECHNOLOGY AND DIGITAL

SERVICES DEPARTMENT

17,80,83,000

Revenue

Capital

Loan

...

...

17,80,83,000

...

...

031

LABOUR WELFARE AND SKILL DEVELOPMENT

DEPARTMENT

135,61,16,000

Revenue

Capital

Loan

1,50,00,000

2,000

...

135,61,16,000

2,000

1,50,00,000

...

032

LAW DEPARTMENT

9,47,26,000

Revenue

Capital

Loan

25,00,000

...

...

9,47,26,000

...

25,00,000

...

033

MUNICIPAL ADMINISTRATION AND WATER

SUPPLY DEPARTMENT

18,000

Revenue

Capital

Loan

2,000

9,000

...

18,000

9,000

2,000

...

034

HUMAN RESOURCES MANAGEMENT

DEPARTMENT

5,13,21,000

Revenue

Capital

Loan

...

1,42,59,000

...

5,13,26,000

1,42,59,000

...

5,000

035

PLANNING, DEVELOPMENT AND SPECIAL

INITIATIVES DEPARTMENT

6,000

Revenue

Capital

Loan

1,30,30,000

50,43,74,000

...

15,03,000

50,43,74,000

1,30,30,000

14,97,000

036

PUBLIC DEPARTMENT

46,40,02,000

Revenue

Capital

Loan

12,00,00,000

1,000

...

46,40,02,000

1,000

12,00,00,000

...

038

BUILDINGS (Public Works Department)

29,54,78,000

Revenue

Capital

Loan

...

14,000

...

29,80,83,000

14,000

...

26,05,000

039

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 103

Demand

Number

Services and Purposes

Sums not exceeding

Voted by the

Legislative

Assembly

Total

(1)

(2)

(3)

(4)

(5)



Charged on the

Consolidated

Fund of the State

WATER RESOURCES DEPARTMENT

198,93,17,000

Revenue

Capital

Loan

...

50,000 43,75,23,000

...

198,98,17,000

43,75,73,000

...

5,00,000

040

REVENUE AND DISASTER MANAGEMENT

DEPARTMENT

374,26,90,000

Revenue

Capital

Loan

45,00,000

... 38,90,16,000

...

374,36,15,000

38,90,16,000

45,00,000

9,25,000

041

RURAL DEVELOPMENT AND PANCHAYAT RAJ

DEPARTMENT

587,64,68,000

Revenue

Capital

Loan

76,00,000

802,33,66,000

...

587,64,68,000

802,33,66,000

76,00,000

...

042

SCHOOL EDUCATION DEPARTMENT

913,82,05,000

Revenue

Capital

Loan

...

3,000

...

913,82,05,000

3,000

...

...

043

MICRO, SMALL AND MEDIUM ENTERPRISES

DEPARTMENT

76,29,00,000

Revenue

Capital

Loan

1,000

...

...

76,29,00,000

...

1,000

...

044

SOCIAL WELFARE AND WOMEN

EMPOWERMENT DEPARTMENT

1,05,000

Revenue

Capital

Loan

...

6,000

...

1,05,000

6,000

...

...

045

TAMIL DEVELOPMENT (Tamil Development and

Information Department)

9,68,58,000

Revenue

Capital

Loan

62,89,000

...

...

9,68,58,000

...

62,89,000

...

046

HINDU RELIGIOUS AND CHARITABLE

ENDOWMENTS (Tourism, Culture and Religious

Endowments Department)

42,57,25,000

Revenue

Capital

Loan

...

3,64,99,000

...

42,57,25,000

3,64,99,000

...

...

047

TRANSPORT DEPARTMENT

159,12,24,000

Revenue

Capital

Loan

8,000

...

...

159,12,24,000

...

8,000

...

048

YOUTH WELFARE AND SPORTS DEVELOPMENT

DEPARTMENT

228,15,62,000

Revenue

Capital

Loan

...

1,99,98,000

...

228,15,62,000

1,99,98,000

...

...

049

PENSION AND OTHER RETIREMENT BENEFITS

26,000

Revenue

Capital

Loan

...

...

31,54,99,000

...

31,54,73,000

050

RELIEF ON ACCOUNT OF NATURAL

CALAMITIES

3,183,47,01,000

Revenue

Capital

Loan

...

...

3,183,51,80,000

...

4,79,000

051

DEPARTMENT FOR THE WELFARE OF

DIFFERENTLY ABLED PERSONS

20,000

Revenue

Capital

Loan

...

5,29,42,000

...

20,000

5,29,42,000

...

...

052

104

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Demand

Number

Services and Purposes

Sums not exceeding

Voted by the

Legislative

Assembly

Total

(1)

(2)

(3)

(4)

(5)



Charged on the

Consolidated

Fund of the State

DEPARTMENT OF SPECIAL PROGRAMME

IMPLEMENTATION

1,056,17,80,000

Revenue

Capital

Loan

...

...

1,056,17,80,000

...

...

053

FORESTS (Environment, Climate Change and Forests

Department)

36,000

Revenue

Capital

Loan

...

17,000

...

15,41,000

17,000

...

15,05,000

054

DEBT CHARGES

...

Revenue

Capital

Loan

...

...

89,000

...

89,000

PUBLIC DEBT-REPAYMENT

...

Revenue

Capital

Loan

...

...

6,000

...

6,000

...

Revenue

26,488,82,01,000 101,26,92,000

26,590,08,93,000

Capital

3,164,18,87,000 335,79,43,000

3,499,98,30,000

Loan

265,24,42,000

6,000

265,24,48,000

Grand Total

29,918,25,30,000 437,06,41,000

30,355,31,71,000

Total

Secretariat,

Chennai-600 009,

K. SRINIVASAN,

21st February 2024.

Principal Secretary.

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

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU

Minister for Finance and

Human Resources Management.

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 supplementary expenditure charged on the said Fund of the State for that year.

(a)

(b)

the supplementary grants made by the Tamil Nadu Legislative Assembly for the financial year

which commenced on the 1st day of April 2023and

STATEMENT OF OBJECTS AND REASONS