Acts (English)

© GOVERNMENT OF TAMIL NADU 2024

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

[R. Dis. No. 197/2009.

[Price: Rs. 8.00 Paise.

No. 160] CHENNAI, FRIDAY, MAY 3, 2024 Chithirai 20, Kurothi, Thiruvalluvar Aandu-2055

Part IV—Section 2

Tamil Nadu Acts and Ordinances

CONTENTS Pages.

ACTS:

No. 13 of 2024.—The Indian Stamp (Tamil Nadu Amendment) Act, 2023. 62-66 No. 14 of 2024.—The Tamil Nadu Panchayats (Amendment) Act, 2024... .. 67-68 No. 15 of 2024.—The Tamil Nadu Puratchi Thalaivi Dr. J Jayalalithaa Memorial

Foundation (Repeal) Act, 2024.. ... .. 69-70 No. 16 of 2024.—The Tamil Nadu Panchayats (Second Amendment) Act, 2024. 71-72 No. 17 of 2024.—The Tamil Nadu Panchayats (Fourth Amendment) Act, 2024. 73-76 No. 18 of 2024.—The Tamil Nadu Panchayats (Fifth Amendment) Act, 2024. 77-78 No. 19 of 2024.—The Tamil Nadu Hindu Religious and Charitable Endowments

(Amendment) Act, 2024.

79 IV-2 Ex. (160)

[61]TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 62 The following Act of the Tamil Nadu Legislative Assembly received the assent of the President on the 04th March 2024 and is hereby published for general information:—

ACT No. 13 OF 2024

An Act further to amend the Indian Stamp Act, 1899

in its application to the State of Tamil Nadu.

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

the Seventy-Fourth Year of the Republic of India as follows:—

Short title,

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

extent and Amendment) Act, 2023.

commence-

ment.

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

(3) It shall come into force at once.

Amendment of

2. In Schedule I to the Indian Stamp Act, 1899,— Central Act II

of 1899.

Schedule I.

(1) in Article 3, for the words "One hundred rupees", the words

"One thousand rupees" shall be substituted;

(2) in Article 4, for the words "Twenty rupees", the words "Two

hundred rupees" shall be substituted;

(3) in Article 5, in clause (j), for the words "Twenty rupees", the words "Two hundred rupees" shall be substituted;

(4) for Article 10, the following Article shall be substituted,

namely:—

"10. ARTICLES OF ASSOCIATION

OF A COMPANY

Five hundred rupees on every ten lakh rupees of authorised capital or part thereof subject to a maximum of rupees five lakh.

Exemption.-

Articles of any association not formed for profit and registered

under the Companies Act, 2013 (Central Act 18 of 2013).";

(5) in Article 17,—

(a) after the words "if attested", the words "whether it

involves transfer of property or not" shall be inserted;

(b) for the words "Fifty rupees", the words "One thousand

rupees" shall be substituted;

(6) in Article 24,—

(a) in clause (i), for the words "Five rupees", the words

"One hundred rupees" shall be substituted;

(b) in clause (ii), for the words "Twenty rupees", the words

"One hundred rupees" shall be substituted;

(7) in Article 25, in clause (b), for the words "Twenty rupees",

the words "Five hundred rupees" shall be substituted;

(8) in Article 35, in clauses (a), (b) and (c), for the expression "or advance if any, payable", the expression "advance or security deposit, whether repayable or not" shall be substituted;

(9) for Article 39, the following Article shall be substituted,

namely:—

Two hundred rupees.

"39. MEMORANDUM OF

ASSOCIATION OF A COMPANY

Exemption.-

Memorandum of any association not formed for profit and registered

under the Companies Act, 2013 (Central Act 18 of 2013).";

(10) in Article 42, for the words "Ten rupees", the words

"Twenty rupees" shall be substituted;

(11) in Article 45,—

(a) in clause (b), for the words "amount of the value", the

words "amount of the market value" shall be substituted;

(b) in the Explanation, the following expression shall be added

at the end, namely:—

"and shall include the legal heirs of a deceased family member, if

any.";

(12) in Article 46,—

(a) in clause A, in sub-clause (b), for the words "Three hundred

rupees", the words "One thousand rupees" shall be substituted;

(b) in clause B, in the Explanation, the following expression

shall be added at the end, namely:—

"and shall include the legal heirs of a deceased family member, if

any.";

(13) in Article 48,—

(a) in clause (a), for the words "Five rupees", the words "Five

hundred rupees" shall be substituted;

(b) in clause (b), for the words "Fifteen rupees", the words

"Five hundred rupees" shall be substituted;

(c) in clause (c), for the words "One hundred rupees", the

words "One thousand rupees" shall be substituted;

(d) in clause (d), for the words "One hundred and seventy five

rupees", the words "One thousand rupees" shall be substituted;

(e) in clause (e), for the words "market value equal to the amount of the consideration", the words "market value of the immovable property" shall be substituted;

(f) for clause (f), the following clauses shall be substituted,

namely:—

One thousand rupees.

"(f) When given without consider- ation and authorising the attorney, who is a family member, to sell any immovable property.

One rupee for every one hundred rupees or part thereof of the market value of the immovable property.

(g) When given without consideration and authorising the attorney, who is not a family member, to sell any immovable property.

(h) in any other case. One thousand rupees for each

person authorised.".

(g) the existing Explanation shall be renumbered as Explanation-I, and after Explanation-I as so renumbered, the following Explanation shall be added, namely:—

"Explanation-II.— For the purpose of this Article, the word "family" shall have the same meaning as defined in the Explanation to Article 58.";

(14) in Article 54, in clause (b),—

(a) in sub-clause (i), for the words "Eighty rupees", the words "One thousand rupees" shall be substituted;

(b) in sub-clause (ii), for the words "Seventy rupees", the

words "One thousand rupees" shall be substituted;

(15) in Article 55, in the Explanation, the following expression shall

be added at the end, namely:—

"and shall include the legal heirs of a deceased family member, if any.";

(16) in Article 57, in clause (b), for the words "Eighty rupees", the

words "Five hundred rupees" shall be substituted;

(17) in Article 58, in clause (b), for the words "Eighty rupees", the

words "One thousand rupees" shall be substituted;

(18) in Article 61, in clause (b), for the words "Forty rupees", the

words "One thousand rupees" shall be substituted;

(19) in Article 62, for clause (e), the following clause shall be

substituted, namely:—

"(e) of any trust property from one trustee to another trustee or from a trustee to a beneficiary of the same trust.

One thousand rupees or such smaller amount as may be chargeable under clause (c) of this Article.";

(20) in Article 64,—

(i) in clause (a), for the words "One hundred and eighty

rupees", the words "One thousand rupees" shall `be substituted;

(ii) in clause (b), for the words "One hundred and twenty

rupees", the words "One thousand 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 06th April 2024 and is hereby published for general information:—

ACT No. 14 OF 2024.

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

commencement.

(Amendment) Act, 2024.

(2) It shall come into force at once.

Tamil Nadu Act 21

Amendment of of 1994.

section 171.

2. In section 171 of the Tamil Nadu Panchayats Act, 1994 (hereinafter referred to as the principal Act), in sub-section (1), for the expression "house-tax", the expression "property tax" shall be substituted.

Amendment of 3. In section 172 of the principal Act,—

section 172.

(1) in the marginal heading, for the expression "House-tax",

the expression "Property tax" shall be substituted;

(2) in sub-sections (1), (2), (3) and (5), for the expression

"house-tax", the expression "property tax" shall be substituted.

Amendment of 4. In section 177 of the principal Act,—

section 177.

(1) in the marginal heading, for the expression "land revenue staff", the expression "staff of the village panchayat or any other person authorised by the Government" shall be substituted;

(2) for the expression "the staff of the Land Revenue Department to prepare at quinquinnial intervals a House-tax Assessment Register", the expression "the staff of the village panchayat or any other person authorised by the Government to prepare at quinquinnial intervals a Property-tax Assessment Register" shall be substituted.

Amendment of

section 188.

5. In section 188 of the principal Act, in sub-section (1), in clause (a), for the expression "house-tax", the expression "property tax" shall be substituted.

Amendment of 6. In Schedule – I to the principal Act,—

Schedule – I. (i) in the proviso under Explanation-I, for the expression

"house tax", the expression "property tax" shall be substituted ;

(ii) in Explanation-II and the second proviso thereunder, for the expression "house tax", the expression "property tax" 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 6th April 2024 and is hereby published for general information:—

ACT No. 15 OF 2024.

An Act to repeal the Tamil Nadu Puratchi Thalaivi

Dr. J Jayalalithaa Memorial Foundation Act, 2020.

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.

1. This Act may be called the Tamil Nadu Puratchi Thalaivi

Dr. J Jayalalithaa Memorial Foundation (Repeal) Act, 2024.

Tamil Nadu

Repeal of 2. The Tamil Nadu Puratchi Thalaivi Dr.J Jayalalithaa Memorial

Act 32 of 2020.

Tamil Nadu Foundation Act, 2020 is hereby repealed.

Act 32 of 2020.

(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 09th April 2024 and is hereby published for general information:—

ACT No. 16 of 2024.

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

commence- (Second Amendment) Act, 2024.

ment.

(2) It shall come into force at once.

Tamil Nadu Act

Amendment of 21 of 1994.

section 111.

2. In section 111 of the Tamil Nadu Panchayats Act, 1994 (hereinafter referred to as the principal Act), after clause (j), the following clause shall be added, namely:—

"(k) the undertaking of suitable work or providing necessary service to the benefit of inhabitant or group of inhabitants, weaker sections, women and children and differently abled persons by providing them housing, nutrition, sanitation and family welfare measures supplementing Government schemes as may be framed by the Government, from time to time.".

Amendment of 3. In section 112 of the principal Act,—

section 112.

(1) in clause (n), the word "and" shall be omitted;

(2) after clause (n), as so amended, the following clause shall

be inserted, namely:—

"(nn) the undertaking of suitable work or providing necessary service to the benefit of inhabitant or group of inhabitants, weaker sections, women and children and differently abled persons by providing them housing, nutrition, sanitation and family welfare measures supplementing Government schemes as may be framed by the Government, from time to time; and".

(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 09th April 2024 and is hereby published for general information:—

ACT No. 17 of 2024.

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

commencement.

(Fourth Amendment) Act, 2024.

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

Government may, by notification, appoint.

Tamil Nadu Act 21

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

of 1994.

section 144-A.

following section shall be inserted, namely:—

"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;

(c) ensure that no person other than a licensee is 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).

(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;

(c) maintain a log book in the prescribed format for 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.

(c) The District Level Monitoring Committee consisting of 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.

(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 or other article is 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.

(c) Where the Assistant Director (Panchayats), after 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).".

(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 9th April 2024 and is hereby published for general information:—

ACT No. 18 of 2024.

An Act 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:—

1. (1) This Act may be called the Tamil Nadu Panchayats (Fifth Short title and Amendment) Act, 2024.

commencement.

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

may, by notification, appoint.

Insertion of new

section 110-A.

Tamil Nadu Act 21 of 1994.

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.".

Amendment of 3. In section 136 of the principal Act, for the expression "filth", the

section 136.

expression "filth, solid waste" 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 08th April 2024 and is hereby published for general information:—

ACT No. 19 OF 2024.

An Act 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:-

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

commencement.

and Charitable Endowments (Amendment) Act, 2024.

(2) It shall come into force at once.

Tamil Nadu

Amendment of Act 22 of

section 26.

1959.

2. 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 53.

3. 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 4. In section 66 of the principal Act, in sub-section (1), clause (j)

section 66.

shall be omitted.

(By order of the Governor)

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

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