ACTS (English)

© GOVERNMENT OF TAMIL NADU 2024

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

[R. Dis. No. 197/2009.

[Price: Rs. 6.40 Paise.

No. 86] CHENNAI, MONDAY, MARCH 4, 2024 Maasi 21, Sobakiruthu, Thiruvalluvar Aandu-2055

Part IV—Section 2

Tamil Nadu Acts and Ordinances

CONTENTS Pages.

ACTS:

No. 5 of 2024.— The Tamil Nadu Transparency in Tenders (Amendment) Act, 2024. .. 22 No. 6 of 2024.— The Tamil Nadu Contingency Fund (Amendment) Act, 2024. .. .. 23-24 No. 7 of 2024.— The Chennai Unifi ed Metropolitan Transport Authority

(Amendment) Act, 2024. .. .. .. 25-32 No. 8 of 2024.— The Tamil Nadu Universities Laws (Amendment) Act, 2024. .. .. 33-34 No. 9 of 2024.— The Tamil Nadu Panchayats (Sixth Amendment) Act, 2024. .. .. 35-36

[21]

IV-2 Ex. (86)22 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 1st March 2024 and is hereby published for general information:—

ACT No. 5 OF 2024.

An Act further to amend the Tamil Nadu Transparency

In Tenders Act, 1998.

B(cid:3469) it enacted by the Legislative Assembly of the State of Tamil Nadu in

the Seventy-fi fth Year of the Republic of India as follows:—

Short title and

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

commencement. (Amendment) Act, 2024.

(2) It shall come into force at once.

Amendment of

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

section 16.

43 of 1998.

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

"(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 notifi ed 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 Offi cer or the head of the procuring entity and a technical representative of the procuring entity;".

(By order of the Governor)

S. GEORGE ALEXANDER, Secretary to Government, Law Department.

The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 1st March 2024 and is hereby published for general information:—

ACT No. 6 OF 2024.

An Act further to amend the Tamil Nadu

Contingency Fund Act, 1954.

B(cid:3469) it enacted by the Legislative Assembly of the State of Tamil Nadu in the Seventy-fi fth Year of the Republic of India as follows:—

Short title and 1. (1) This Act may be called the Tamil Nadu Contingency

commencement.

Fund (Amendment) Act, 2024.

(2) It shall come into force at once.

Tamil Nadu

Amendment of Act II of 1954.

section 2.

2. In sub-section (1) of section 2 of the Tamil Nadu Contingency Fund Act, 1954, for the words "one hundred and fi fty crores of rupees" the words "fi ve hundred crores of rupees" shall be substituted.

(By order of the Governor)

S. GEORGE ALEXANDER, Secretary to Government, Law Department.

The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 1st March 2024 and is hereby published for general information:—

ACT No. 7 OF 2024.

An Act further to amend the Chennai Unified

Metropolitan Transport Authority Act, 2010.

B(cid:3469) it enacted by the Legislative Assembly of the State of Tamil Nadu in the Seventy-fi fth Year of the Republic of India as follows:—

Short title and 1. (1) This Act may be called the Chennai Unifi ed Metropolitan

commencement.

Transport Authority (Amendment) Act, 2024.

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

may, by notifi cation, appoint.

Amendment Tamil Nadu

2. In section 2 of the Chennai Unifi ed Metropolitan Transport

of section 2.

Act 44 of 2010.

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

(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 effi cient urban transport and mobility of people and goods in the notifi ed planning area;";

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

namely: —

"(ba) "notifi ed planning area" means the Chennai Metropolitan Planning Area as notifi ed under the Tamil Nadu Town and Country Planning Act, 1971;";

Tamil Nadu Act 35 of 1972.

(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 notifi ed planning area, for a period of fi ve 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 notifi ed 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 specifi ed in the Schedule.".

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

Amendment of section 3.

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.".

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

Substitution of section 4.

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-offi cio;

(b) the Minister in-charge of Chennai Unifi ed Metropolitan Transport Authority, who shall be the Vice-Chairperson, ex-offi cio;

(c) the Minister in-charge of Transport, who shall be

the Co-Vice Chairperson, ex-offi cio;

(d) the Mayor, Greater Chennai Corporation, ex-offi cio;

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

(f) the Vice-Chairperson of the Chennai Metropolitan

Development Authority, ex-offi cio;

(g) the Secretary to Government in charge of Transport

department, ex-offi cio;

(h) the Secretary to Government in charge of Finance

department, ex-offi cio;

(i) the Secretary to Government in charge of Housing

and Urban Development department, ex-offi cio;

(j) the Secretary to Government in charge of Highways

department, ex-offi cio;

(k) the Secretary to Government in charge of Home

department, ex-offi cio;

(l) the Secretary to Government in charge of Municipal

Administration and Water Supply department, ex-offi cio;

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

Development and Special Initiatives department, ex-offi cio;

(n) the Secretary to Government in charge of Revenue

and Disaster Management department, ex-offi cio;

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

ex-offi cio; and

(p) the Member-Secretary of the Authority, to be appointed by the Government, from among the offi cers of the Indian Administrative Service or the Central Civil Services Group 'A'.

(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" Amendment of section 5.

shall be omitted.

6. In section 6 of the principal Act,—

Amendment of section 6.

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

(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 Substitution of section 7.

be substituted, namely:—

"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 unfi t to hold offi ce 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 offi ce.".

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 Amendment of section 9.

following sub-section shall be substituted,namely:-

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

Chief Executive Offi cer 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

Substitution of section 10.

shall be substituted, namely:—

"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 notifi ed 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;

(c) approve comprehensive mobility plan, transport investment programmes, annual budgets and other plans and sub-plans required for sustainable urban transport and monitor and audit their compliance;

(d) facilitate the fi nancing of transport investment programmes in the notifi ed 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 offi cers 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-offi cio;

(b) the Secretary to Government in charge of Finance

department, ex-offi cio;

(c) the Secretary to Government in charge of Housing and

Urban Development department, ex-offi cio;

(d) the Secretary to Government in charge of Highways

and Minor Ports department, ex-offi cio;

(e) the Member-Secretary, Chennai Metropolitan

Development Authority, ex-offi cio;

(f) the Transport Commissioner, ex-offi cio;

(g) the Commissioner, Greater Chennai Corporation,

ex-offi cio;

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

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

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

ex-offi cio;

(k) the Managing Director, Metropolitan Transport

Corporation, ex-offi cio;

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

(m) the General Manager, Regional Offi ce, Chennai,

National Highway Authority of India, ex-offi cio; and

(n) the Member-Secretary, Chennai Unifi ed Metropolitan

Transport Authority, ex-offi cio;

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

have the following powers and functions, namely:-

(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;

(c) oversee, coordinate, promote and monitor the implementation of various traffi c and transportation measures including promoting the cause of public passenger transport systems and regulate their operations, besides implementation of certain traffi c and transportation measures of special nature in the notifi ed planning area;

(d) update the comprehensive mobility plan periodically in tune with the changes in the traffi c and transportation situation in the notifi ed 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 notifi ed planning area and ensure that no steps are initiated by any agency or local body that impedes the overall effi ciency 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 effi ciency 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 notifi ed 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.".

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

Substitution of section 11.

be substituted, namely:—

"11. Exemption from compliance.—The Government may, in public interest, subject to such condition as they deem fi t, by general or special order exempt any agency involved in planning, operating or managing transportation system in the notifi ed planning area, from the compliance of any of the decision of the Authority.".

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

Substitution of section 12.

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 defi ciency 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 fi eld of transportation, structural engineering, fi nance, environment, urban planning or public administration, or persons of eminence or high repute as deemed fi t, 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.".

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

Substitution of section 14.

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 offi cer of the Authority, subject to such conditions, as may be specifi ed 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.

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

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 fi nancial 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.

(4) All expenditure incurred by the authority under or for the purposes of this Act, including fi nancing 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 Substitution of section 19.

be substituted, namely:—

"19. Annual Report.— (1) The Authority shall, as soon as may be, after the end of each fi nancial 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 fi nancial year.

(2) The Government shall cause every such report to be laid before the Legislative Assembly, as soon as may be, after its receipt.".

Amendment of section 20.

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:—

"(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 fi nal 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.".

T(cid:3472)(cid:3469) S(cid:3467)(cid:3472)(cid:3469)(cid:3468)(cid:3485)(cid:3476)(cid:3469)

(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.

(11) Any other mode irrespective of its fuel or propulsion type including private vehicles which meet the requirements of Mass Transportation.

(12) Para Transit.-This includes systems provided by operators within the notifi ed planning area available to person on hire basis for individual and multiple trips, such as:-

(a) Auto rickshaws/Shared auto rickshaws/E-rickshaws;

(b) Taxi Cabs, Hire a Cab or Shared Taxi;

(c) Minibus/Vans;

(d) Any transport vehicle operated under an aggregator;

(e) Any other mode irrespective of its fuel and propulsion system, which meet the requirements of Para transit.

(13) Bicycle, cycle rickshaw and any other green mode of transport that do not consume fuel propulsion or cause pollution.

(14) Urban Freight.- The movement of freight vehicles whose primary purpose is to carry goods/freight into, out of and within the notifi ed planning area.

(By order of the Governor)

S. GEORGE ALEXANDER, Secretary to Government, Law Department.

The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 1st March 2024 and is hereby published for general information:—

ACT No. 8 OF 2024.

An Act further to amend the Tamil Nadu Universities Laws.

B(cid:3469) it enacted by the Legislative Assembly of the State of Tamil Nadu in the Seventy-fi fth Year of the Republic of India as follows:—

PART-I.

PRELIMINARY.

Short title and 1. (1) This Act may be called the Tamil Nadu Universities

commencement.

Laws (Amendment) Act, 2024.

(2) It shall come into force at once.

PART-II.

AMENDMENT TO THE BHARATHIAR UNIVERSITY ACT, 1981.

Tamil Nadu Act 1 of

Amendment of 1982.

section 14.

2. In section 14 of the Bharathiar University Act, 1981, in sub-section (1), in the proviso to clause (ii), for the expression "fi fty-eight years", the expression "sixty years" shall be substituted.

PART-III.

AMENDMENT TO THE BHARATHIDASAN UNIVERSITY

ACT, 1981.

Tamil Nadu Act 2 of

Amendment of 1982.

section 14.

3. In section 14 of the Bharathidasan University Act, 1981, in sub-section (1), in the proviso to clause (ii), for the expression "fi fty-eight years", the expression "sixty years" shall be substituted.

PART – IV.

AMENDMENT TO THE ALAGAPPA UNIVERSITY ACT, 1985.

Tamil Nadu Act 23 of

Amendment of 1985.

section 15.

4. In section 15 of the Alagappa University Act, 1985, in the second proviso to sub-section (3), for the expression "fi fty-eight years", the expression "sixty years" shall be substituted.

PART – V.

AMENDMENT TO THE MANONMANIAM SUNDARANAR

UNIVERSITY ACT, 1990.

Amendment of

Tamil Nadu Act 31 of section 13.

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 "fi fty-eight years", the expression "sixty years" shall be substituted.

PART – VI.

AMENDMENT TO THE PERIYAR UNIVERSITY ACT, 1997.

Amendment of

Tamil Nadu Act 45 of section 14.

1997. 6. In section 14 of the Periyar University Act, 1997, in sub-section (1), in the proviso to clause (ii), for the expression "fi fty- eight years", the expression "sixty years" shall be substituted.

PART – VII.

AMENDMENT TO THE TAMIL NADU OPEN UNIVERSITY

ACT, 2002.

Amendment of

Tamil Nadu Act 27 of section 13.

2002. 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 specifi ed in this clause, whichever is earlier;".

PART – VIII.

AMENDMENT TO THE THIRUVALLUVAR UNIVERSITY

ACT, 2002.

Amendment of

Tamil Nadu Act 32 of section 14.

2002. 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 specifi ed in this clause, whichever is earlier;".

PART – IX.

AMENDMENT TO THE TAMIL NADU TEACHERS EDUCATION

UNIVERSITY ACT, 2008.

Amendment of

Tamil Nadu Act 33 of section 12.

2008. 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 specifi ed in this clause, whichever is earlier;".

(By order of the Governor)

S. GEORGE ALEXANDER, Secretary to Government, Law Department.

The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 1st March 2024 and is hereby published for general information:—

ACT No. 9 OF 2024.

An Act further to amend the Tamil Nadu

Panchayats Act, 1994.

B(cid:3469) it enacted by the Legislative Assembly of the State of Tamil Nadu in the Seventy-fi fth year of the Republic of India as follows:—

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

commencement.

(Sixth Amendment) Act, 2024.

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

Government may, by notifi cation, appoint.

Tamil Nadu Act 21

Substitution of of 1994.

section 159.

2. For section 159 of the Tamil Nadu Panchayats Act, 1994 (hereinafter referred to as the principal Act), the following section shall be substituted, namely:-

"159. Grant of trade licence.— (1) No person shall carry on any category of trade or business, as may be notifi ed by the Government, from time to time, in any place, whether public or private, within the panchayat village limit without a trade licence granted by the executive authority subject to such terms and conditions as may be prescribed and such trade licence may be renewed in the manner as may be prescribed:

Provided that no trade licence is necessary in respect of any place in the occupation or under the control of the Government or the Central Government or of a market committee established or deemed to be established under the Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987 (Tamil Nadu Act 27 of 1989).

(2) Every application for the trade licence shall be made to the executive authority in such form and in such manner and accompanied by such fee, as may be prescribed.

(3) On receipt of such application, the executive authority

shall, if the application is in order, grant trade licence:

Provided that no application for grant of trade licence shall be

refused without giving a reasonable opportunity of being heard:

Provided further that if the application for trade licence is not disposed of within a period of thirty days from the date of its receipt, the trade licence applied therein shall be deemed to have been granted on expiry of the said period.

Amendment of

Section 160.

3. In section 160 of the principal Act, for the expression "panchayat union council", the expression "Inspector" shall be substituted.

Amendment of

4. In section 161 of the principal Act,—

Section 161.

(1) sub-section (2) shall be omitted;

(2) in sub-section (4), for the expression "panchayat union

council", the expression "Inspector" shall be substituted.

Amendment of

Schedule II.

5. In Schedule II to the principal Act, for the entry in column (3), against section 159 in column (1) thereof, the following entry shall be substituted, namely:—

"Carrying on any trade or business without trade licence.".

Amendment of

Schedule III.

6. In Schedule III to the principal Act, for the entry in column (3), against section 159 in column (1) thereof, the following entry shall be substituted, namely:—

"Carrying on any trade or business without trade licence.".

(By order of the Governor)

S. GEORGE ALEXANDER, Secretary to Government, Law Department.

PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU