IV-2 Ex. (97)

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

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2024

[Price: Rs. 9.60 Paise.

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 97]

CHENNAI, THURSDAY, MARCH 7, 2024

Maasi 24, Sobakiruthu, Thiruvalluvar Aandu-2055

Part IV—Section 2

Tamil Nadu Acts and Ordinances

[37]

CONTENTS

Pages.

ACTS:

No. 10 of 2024.— The Tamil Nadu Universities Laws (Second Amendment) Act,

2022.

38-44

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

45-46

No. 12 of 2024.—Tamil Nadu State Highways Authority Act, 2024.

... ..

47-59

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

The following Act of the Tamil Nadu Legislative Assembly

received the assent of the President on the 18th February 2024 and

is hereby published for general information:—

ACT No. 10 OF 2024.

A Act further to amend the Tamil Nadu Universities Laws.

Be it enacted by the Legislative Assembly of the State of

Tamil Nadu in the Seventy third Year of the Republic of India as

follows:—

PART-I.

PRELIMINARY.

Short title and

commencement.

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

(Second Amendment) Act, 2022.

(2) It shall come into force at once.

PART-II.

AMENDMENTS TO THE MADURAI-KAMARAJ UNIVERSITY

ACT, 1965.

Amendment of

section 10.

2. In section 10 of the Madurai – Kamaraj University Act, 1965

(hereafter in this Part referred to as the 1965 Act), in sub-section (1),

for the expression “Education”, the expression “Higher Education”

shall be substituted.

Tamil Nadu Act

33 of 1965.

Amendment of

section 19.

3. In section 19 of the 1965 Act,—

(1) in clause (a), under the heading “Class I—Ex-Officio

Members.”,—

(i) in item (1), for the expression “Education;”, the

expression “Higher Education;” shall be substituted;

(ii) item (1-AAA), shall be renumbered as item (1-AAAA),

and before item (1-AAAA) as so renumbered, the following item shall

be inserted, namely:—

“(1-AAA) The Secretary to Government in-charge of Finance;”;

(2) in clause (aa),—

(i) for the expression “Education”, the expression

“Higher Education” shall be substituted;

(ii) after the expression “the Secretary to Government

in-charge of Law”, the expression “or the Secretary to Government

in-charge of Finance” shall be inserted.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

PART-III.

AMENDMENT TO THE ANNA UNIVERSITY

ACT, 1978.

Tamil Nadu Act

30 of 1978.

4. In section 17 of the Anna University Act, 1978,—

Amendment of

section 17.

(1) in sub-section (2), under the heading “Class I–Ex-Officio

Members.”, after item (d), the following item shall be inserted, namely:—

“(dd) The Secretary to Government, in-charge of Finance;”;

(2) in sub-section (4), in clause (i), after the expression “the

Secretary to Government, in-charge of Law”, the expression “or the

Secretary to Government in-charge of Finance” shall be inserted.

PART-IV.

AMENDMENTS TO THE BHARATHIAR UNIVERSITY ACT, 1981.

Tamil Nadu Act

1 of 1982.

5. In section 11 of the Bharathiar University Act, 1981 (hereafter

in this Part referred to as Tamil Nadu Act 1 of 1982), in sub-section

(1), for the expression “Education” the expression “Higher Education”

shall be substituted.

Amendment of

section 11.

6. In section 24 of Tamil Nadu Act 1 of 1982,—

Amendment of

section 24.

(1) in clause (b), under the heading “Class I—Ex-Officio

Members.”,—

(i) in item (1), for the expression “Education;”, the

expression “Higher Education;” shall be substituted;

(ii) after item (1-AA), the following item shall be inserted,

namely:—

“(1-AAA) The Secretary to Government in-charge of

Finance;”;

(2) in clause (d),—

(i) for the expression “Education”, the expression

“Higher Education” shall be substituted;

(ii) after the expression “the Secretary to Government

in-charge of Law”, the expression “or the Secretary to Government

in-charge of Finance” shall be inserted.

7. In section 32 of Tamil Nadu Act 1 of 1982, in sub-section

(1), in item (iii), for the expression “Education;”, the expression

“Higher Education;” shall be substituted.

Amendment of

section 32.

PART-V.

AMENDMENTS TO THE BHARATHIDASAN UNIVERSITY

ACT, 1981.

Tamil Nadu Act

2 of 1982.

8. In section 11 of the Bharathidasan University Act, 1981(hereafter

in this Part referred to as Tamil Nadu Act 2 of 1982), in sub-section

(1), for the expression “Education”, the expression “Higher Education”

shall be substituted.

Amendment of

section 11.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Amendment of

section 24.

9. In section 24 of Tamil Nadu Act 2 of 1982, —

(1) in clause (b), under the heading “Class I—Ex-officio

Members.”,—

(i) in item (1), for the expression “Education;”, the

expression “Higher Education;” shall be substituted;

(ii) after item (1-AA), the following item shall be inserted,

namely:—

“(1-AAA) The Secretary to Government in-charge of

Finance;”;

(2) in clause (d),—

(i) for the expression “Education”, the expression

“Higher Education” shall be substituted;

(ii) after the expression “the Secretary to Government

in-charge of Law”, the expression “or the Secretary to Government

in-charge of Finance” shall be inserted.

Amendment of

section 32.

10. In section 32 of Tamil Nadu Act 2 of 1982, in sub-section (1),

in item (iii), for the expression “Education;”, the expression “Higher

Education;” shall be substituted.

PART-VI.

AMENDMENTS TO THE MOTHER TERESA WOMEN’S

UNIVERSITY ACT, 1984.

Amendment of

section 11.

11. In section 11 of the Mother Teresa Women’s University Act,

1984 (hereafter in this Part referred to as the 1984 Act), in sub-section

(1), for the expression “Education”, the expression “Higher Education”

shall be substituted.

Tamil Nadu Act

15 of 1984.

Amendment of

section 20.

12. In section 20 of the 1984 Act, —

(1) in clause (a), under the heading “Class I—Ex-officio

Members”, in item (4), for the expression “Education;”, the expression

“Higher Education;” shall be substituted;

(2) in clause (b), for the expression, “Education” the

expression, “Higher Education” shall be substituted.

Amendment of

section 23.

13. In section 23 of the 1984 Act, —

(1) in clause (b), under the heading “Class I—Ex-officio

Members.”, in item (1), for the expression “Education;”, the expression

“Higher Education;” shall be substituted;

(2) in clause (d), for the expression “Education”, the

expression “Higher Education” shall be substituted.

Amendment of

section 31.

14. In section 31 of the 1984 Act, in sub-section (1), in item (c), for

the expression “Education;”, the expression “Higher Education;” shall

be substituted.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

PART-VII.

AMENDMENTS TO THE ALAGAPPA UNIVERSITY

ACT, 1985.

Tamil Nadu Act

23 of 1985.

15. In section 12 of the Alagappa University Act, 1985 (hereafter

in this Part referred to as the 1985 Act), in sub-section (1), for the

expression “Education”, the expression “Higher Education” shall be

substituted.

Amendment of

section 12.

16. In section 21 of the 1985 Act,—

Amendment of

section 21.

(1) in clause (a), under the heading “Class I—Ex-officio

Members.”, in item (4), for the expression “Education;”, the expression

“Higher Education;” shall be substituted;

(2) in clause (b), in sub-clause (i), for the expression

“Education”, the expression “Higher Education” shall be substituted.

17. In section 25 of the 1985 Act,—

Amendment of

section 25.

(1) in clause (b), under the heading “Class II — Ex-officio

Members”,—

(i) in item (1), for the expression “Education;”, the

expression “Higher Education;” shall be substituted;

(ii) after item (2-A), the following item shall be inserted,

namely:—

“(2-AA) The Secretary to Government in-charge of

Finance;”;

(2) in clause (d),in sub-clause (i),—

(i) for the expression “Education”, the expression

“Higher Education” shall be substituted;

(ii) after the expression “the Secretary to Government

in-charge of Law”, the expression “or the Secretary to Government

in-charge of Finance” shall be inserted.

18. In section 33 of the 1985 Act, in sub-section (1), in item (iii), for

the expression “Education;” the expression “Higher Education;” shall

be substituted.

Amendment of

section 33.

PART-VIII.

AMENDMENTS TO THE MANONMANIAM SUNDARANAR

UNIVERSITY ACT, 1990.

Tamil Nadu Act

31 of 1990.

19. In section 10 of the Manonmaniam Sundaranar University Act,

1990 (hereafter in this Part referred to as the 1990 Act), in sub-section

(1), for the expression “Education”, the expression “Higher Education”

shall be substituted.

Amendment of

section 10.

20. In section 23 of the 1990 Act,—

Amendment of

section 23.

(1) in clause (b), under the heading “Class I—Ex-officio

Members.”,—

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(i) in item (1), for the expression “Education;”, the

expression “Higher Education;” shall be substituted;

(ii) after item (3), the following item shall be inserted,

namely:—

“(3-A) The Secretary to Government in-charge of

Finance;”;

(2) in clause (d),—

(i) for the expression “Education”, the expression

“Higher Education” shall be substituted;

(ii) after the expression “the Secretary to Government

in-charge of Law”, the expression “or the Secretary to Government

in-charge of Finance” shall be inserted.

Amendment of

section 31.

21. In section 31 of the 1990 Act, in sub-section (1), in item (iii), for

the expression “Education;” the expression “Higher Education;” shall

be substituted.

PART-IX.

AMENDMENTS TO THE PERIYAR UNIVERSITY ACT, 1997.

Amendment of

section 11.

22. In section 11 of the Periyar University Act, 1997 (hereafter

in this Part referred to as the 1997 Act), in sub-section (1), for the

expression “Education”, the expression “Higher Education” shall be

substituted.

Tamil Nadu Act

45 of 1997.

Amendment of

section 24.

23. In section 24 of the 1997 Act,—

(1) in clause (b), under the heading “Class I—Ex-officio

Members.”, after item (3), the following item shall be inserted, namely:—

“(3-A) The Secretary to Government in-charge of

Finance;”;

(2) in clause (d), after the expression “the Secretary to

Government, in-charge of Law”, the expression “or the Secretary to

Government, in-charge of Finance” shall be inserted.

PART-X.

AMENDMENTS TO THE TAMIL NADU OPEN UNIVERSITY

ACT, 2002.

Amendment of

section 9.

24. In section 9 of the Tamil Nadu Open University Act, 2002

(hereafter in this Part referred to as Tamil Nadu Act 27 of 2002), in

sub-section (1), for the expression “Education”, the expression

“Higher Education” shall be substituted.

Tamil Nadu Act

27 of 2002.

Amendment of

section 20.

25. In section 20 of Tamil Nadu Act 27 of 2002,—

(1)

sub-section

(2),

under

the

heading

“Class I—Ex-officio members.”, after item (a), the following item shall

be inserted, namely:—

“(aa) The Secretary to Government in-charge of Finance;”;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(2) after sub-section (2), the following sub-section shall be

inserted, namely:—

“(2-A) In case the Secretary to Government in-charge of

Finance, is unable to attend the meetings of the Syndicate, for any

reason, he may depute any officer of his department, not below the

rank of Deputy Secretary to Government to attend the meetings. The

officer so deputed shall have the right to take part in the discussions of

the meeting and shall have the right to vote.”.

PART–XI.

AMENDMENTS TO THE THIRUVALLUVAR UNIVERSITY

ACT, 2002.

Tamil Nadu Act 32

of 2002.

26. In section 11 of the Thiruvalluvar University Act, 2002 (hereafter

in this Part referred to as Tamil Nadu Act 32 of 2002), in sub-section

(1), for the expression “Education”, the expression “Higher Education”

shall be substituted.

Amendment of

section 11.

27. In section 23 of Tamil Nadu Act 32 of 2002,—

Amendment of

section 23.

(1) in clause (b), after item (1), the following item shall be

inserted, namely:—

“(1-A) The Secretary to Government in-charge of

Finance;”;

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

namely:—

“(cc) In case the Secretary to Government in-charge of

Finance, is unable to attend the meetings of the Syndicate, for any

reason, he may depute any officer of his department, not below the

rank of Deputy Secretary to Government to attend the meetings. The

officer so deputed shall have the right to take part in the discussions of

the meeting and shall have the right to vote.”.

PART–XII.

AMENDMENT TO THE ANNAMALAI UNIVERSITY ACT, 2013.

Tamil Nadu Act

20 of 2013.

28. In section 19 of the Annamalai University Act, 2013,—

Amendment of

section 19.

(1)

sub-section

(2),

under

the

heading

“Class I–Ex-officio Members.”, after item (c), the following item shall be

inserted, namely:—

“(cc) The Secretary to Government, in-charge of

Finance;”;

(2) in sub-section (4), in clause (a), after the expression “the

Secretary to Government in-charge of Law”, the expression “or the

Secretary to Government in-charge of Finance” shall be inserted.

(By order of the Governor)

S. GEORGE ALEXANDER,

Secretary to Government,

Law Department.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

The following Act of the Tamil Nadu Legislative Assembly

received the assent of the Governor on the 7th March 2024 and

is hereby published for general information:—

ACT No. 11 OF 2024.

An Act 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”.

(By order of the Governor)

S. GEORGE ALEXANDER,

Secretary to Government,

Law Department.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

The following Act of the Tamil Nadu Legislative Assembly

received the assent of the Governor on the 7th March 2024 and

is hereby published for general information:—

ACT No. 12 OF 2024.

An Act 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.

Authority;

(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;

Tamil Nadu Act 34

of 2002

(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;

(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 GOVERNMENT GAZETTE EXTRAORDINARY

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

(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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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;

(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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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

the Authority may, —

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

(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

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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,—

(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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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.

Budget.

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.

Investment of

funds.

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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Protection of

action taken in

good faith.

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.

Power of the

Authority to

undertake

certain works.

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

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 of an 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

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

powers and functions in accordance with the provisions of this Act in

relation to such highway.

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

Power of the

Government to

supersede the

Authority.

(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

public

interest

so,

the

Government

may,

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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Power of the

Government to

issue directions.

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

make rules.

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

of the purposes of this Act.

(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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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;

(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;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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;

(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.”.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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.

(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