Bills (English)

© GOVERNMENT OF TAMIL NADU 2024

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

[R. Dis. No. 197/2009.

[Price: Rs. 11.20 Paise.

No. 211] CHENNAI, FRIDAY, JUNE 28, 2024 Aani 14, Kurothi, Thiruvalluvar Aandu-2055

Part IV—Section 1

Tamil Nadu Bills

CONTENTS

Pages.Pages. BILLS:BILLS:

120-124 No. 22 of 2024—The Chennai Metropolitan Water Supply and Sewerage (Amendment) Act, 2024. .. .. .. .. .. .. ..

No. 23 of 2024—The Tamil Nadu Urban Local Bodies (Amendment) Act, 2024.. .. 125-126 No. 24 of 2024—The Tamil Nadu Urban Local Bodies (Second Amendment) Act, 2024. 127-138 No. 25 of 2024—The Tamil Nadu Transparency in Tenders (Second Amendment)

Act, 2024.

139-140 No. 26 of 2024—The Tamil Nadu Repealing Act, 2024. .. .. .. .. 141-146

[119]

DTP—Ex-IV-1 (211)120 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

BILLS INTRODUCED IN THE LEGISLATIVE ASSEMBLY

OF THE STATE OF TAMIL NADU

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

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

28th June, 2024 is published together with Statement of Objects and Reasons

for general information:—

L.A Bill No. 22 of 2024

A Bill further to amend the Chennai Metropolitan Water Supply and

Sewerage Act, 1978.

BE 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 Metropolitan Water Supply and

commencement. Sewerage (Amendment) Act, 2024.

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

by notifi cation, appoint.

Tamil Nadu Act Amendment of

2. In section 56 of the Chennai Metropolitan Water Supply and Sewerage

28 of 1978.

section 56.

Act, 1978, (hereinafter referred to as the principal Act), —

(1) for sub-section (1), the following sub-section shall be substituted,

namely: -

"(1) Where there is a sewer of the Board within thirty metres from

the nearest point of any premises or a private street, the owner or occupier of

such premises or the owner of such private street shall apply to the authorised

authority to provide a sewer connection for the discharge of the sewage of

such premises or the private street into the sewer of the Board. On receipt of

such application, the authorised authority shall provide a sewer connection to

such premises or private street subject to the conditions that the owner or the

occupier of such premises or private street shall bear the expenses incurred by

the Board in providing such sewer connection and that they shall comply with

such conditions and requirements as may be prescribed. No owner or occupier

of such premises or private street within thirty metres from the nearest point of

the sewer of the Board, shall continue or resort to any other means of sewage

disposal such as septic tank, cess-pool or sewage disposal vehicles." ;

(2) in sub-section (2), for the expression "the authorised authority may—",

the expression "the authorised authority shall—" shall be substituted.

Substitution of

3. For section 77 of the principal Act, the following section shall be

section 77.

substituted, namely:—

"77.Offences and penalties.— (1) Whoever contravenes provisions

of sub-section (5) of section 42, sub-section (2) of section 46, sub-sections (1)

and (2) of section 48, clause (c) of sub-section (1) of section 49, sub-section

(1) of section 50, sub-section (2) of section 51, sub-sections (1) and (2) of

section 52, sub-section (1) of section 53, section 54, sub-sections (1), (3) and (4)

of section 56,clause (b) of sub-section (1) of section 58, sub-section (1)

of section 59, sub-section (1) of section 60, sub-sections (1) and (2)

of section 61, sub-section (1) of section 62 and section 69 of this Act or of

any regulation or other instrument made thereunder shall be punishable with

imprisonment for a term which may extend to six months or with fi ne which may

extend upto ten thousand rupees or with both and in the case of a continuing

contravention, with additional fi ne which may extend to fi ve hundred rupees

for every day during which such contravention continues after conviction for

the fi rst such contravention.

(2) Whoever contravenes provisions of section 7, sub-sections (2), (4) and

(6) of section 45, sub-section (1) of section 46, sub-section (2) of section 47

and sub-section (1) of section 68 of this Act or of any regulation or other

instrument made thereunder shall be liable to a penalty of not exceeding fi ve

thousand rupees for the fi rst offence and ten thousand rupees for second or any

subsequent offence.".

Insertion of new 4. After section 77 of the principal Act as so substituted, the following

sections 77-A sections shall be inserted, namely: —

and 77-B.

"77-A. Adjudication of penalties. — The Executive Engineer having

jurisdiction over the area shall adjudicate and impose the penalties under sub-

section (2) of section 77, in such manner as may be prescribed.

77-B. Appeal.— (1) Any person aggrieved by an order passed under

section 77-A may prefer an appeal to the Managing Director within thirty days

from the date of receipt of the order.

(2) The Managing Director may admit the appeal after the expiry of the

period of thirty days, if he is satisfi ed that the appellant had suffi cient cause for

not preferring the appeal within that period.

(3) The Managing Director shall, after giving the parties to the appeal

an opportunity of being heard, dispose the appeal within sixty days from the date

of fi ling.".

STATEMENT OF OBJECTS AND REASONS.

The Guidance Tamil Nadu has recommended that minor offences under the Chennai Metropolitan Water Supply and Sewerage Act, 1978 (Tamil Nadu Act 28 of 1978) may be examined for de-criminalisation and the Government have decided to accept the said recommendation.

2. Further, it has been decided to make mandatory to get sewer connection by the owner or occupier of any premises or a private street where there is a sewer of the Board within thirty metres from the nearest point of any premises or private street.

3. Accordingly, the Government, have decided to amend the said Tamil Nadu Act 28 of 1978, suitably for the above said purposes.

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

K.N.NEHRU

Minister for Municipal Administration.

MEMORANDUM REGARDING DELEGATED LEGISLATION.

Clauses 1 (2), 2 (1) and 4 of the Bill authorise the Government to issue notifi cation or to make regulation, as the case may be, for the purposes specifi ed therein.

2. The powers delegated are normal and not of an exceptional character.

K.N.NEHRU

Minister for Municipal Administration.

Secretariat,

Chennai-600 009,

K. SRINIVASAN, 28th June 2024.

Principal Secretary.

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

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

on 28th June, 2024 is published together with Statement of Objects and

Reasons for general information:—

L.A Bill No. 23 of 2024

A Bill further to amend the Tamil Nadu Urban Local Bodies

Act, 1998.

BE 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:—

1. (1) This Act may be called the Tamil Nadu Urban Local Bodies Short title and (Amendment) Act, 2024.

commencement.

(2) It shall be deemed to have come into force on the 15th day of

March 2024.

Tamil Nadu Act 9

2. In section 3 of the Tamil Nadu Urban Local Bodies Act, 1998,— Amendment of of 1999.

section 3.

(1) in sub-section (1), in clause (c), for the expressions "three

lakhs" and "thirty crores of rupees", the expressions "two lakhs" and "twenty

crores of rupees" shall, respectively, be substituted;

(2) after sub-section (1), the following sub-section shall be

inserted, namely:—

"(1-A) Notwithstanding anything contained in sub-section (1), the

Governor may, by notifi cation, having regard to the percentage of employment

in non-agricultural activities, the economic, historic or touristic importance or

such other factors as he deems fi t, declare his intention to constitute any local

area as a town panchayat, a municipal council or a municipal corporation, as

the case may be.".

(3) in sub-section (2), in clause (b), after the expression "under

sub-section (1)", the expression "or under sub-section (1-A)" shall be inserted.

STATEMENT OF OBJECTS AND REASONS.

As per clause (c) of sub-section (1) of section 3 of the Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999), any local area where the population is estimated at not less than three lakhs and the annual income of not less than thirty crores of rupees, apart from having such other factors specifi ed therein, may be constituted as a municipal corporation. However, in view of the historical importance and pilgrimage attraction of the local areas comprising Karaikkudi, Tiruvannamalai, Pudukottai and Namakkal municipal councils whose population is less than three lakhs, the intention to constitute the said municipal councils as the municipal corporations have been declared under clause (c) of sub-section (1) of section (3) of the said Tamil Nadu Act 9 of 1999 vide Notifi cation issued in the Tamil Nadu Government Gazette, dated the 15th March 2024.

2. Subseque3.ntly, it has been brought to the notice of the Government that in many of the district headquarters, historical important towns and pilgrimage towns having less than the prescribed population and income limit, there is a continuous vertical growth because of robust urbanisation and there is a need for better infrastructure facility including advance disposal facility for solid and liquid waste, necessitating to declare such local area as a town panchayat, municipal council or a municipal corporation, as the case may be. But, the population and income criteria specifi ed in sub-section (1) of section 3 of the Tamil Nadu Act 9 of 1999 for declaring such local area as a town panchayat, municipal council or a municipal corporation remain as a hindrance to declare such area as a town panchayat, municipal council or a municipal corporation, as the case may be. Hence, it is considered to make a suitable provision for declaring such local area as a town panchayat, municipal council or a municipal corporation, as the case may be, by the Government, irrespective of the population and income criteria specifi ed therein.

3. The Government have, therefore, decided to amend the Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999) suitably for the purposes.

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

K.N. NEHRU, Minister for Municipal Administration.

Secretariat,

Chennai-600 009,

K. SRINIVASAN, 28th June 2024.

Principal Secretary.

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

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

on 28th June, 2024 is published together with Statement of Objects and

Reasons for general information:—

L.A Bill No. 24 of 2024

A Bill further to amend the Tamil Nadu Urban Local Bodies

Act, 1998.

BE 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:—

1. (1) This Act may be called the Tamil Nadu Urban Local Bodies Short title and (Second Amendment) Act, 2024.

commencement.

(2) (a) Sub-section (1) of section 36 shall be deemed to have come

into force on the 13th day of April 2023.

(b) All other sections shall come into force on such date as the State

Government may, by notifi cation, appoint.

Amendment of Tamil Nadu Act

2. In section 2 of the Tamil Nadu Urban Local Bodies Act, 1998

section 2.

9 of 1999.

(hereinafter referred to as the principal Act),—

(1) in clause (10), for the expression "municipality", the expression

"municipal council" shall be substituted;

(2) in clause (45), for the expression "municipality", the expression

"municipal council" shall be substituted;

(3) in clause (46), for the expression "municipality", the expression

"municipal council" shall be substituted;

(4) in clause (48), for the expression "municipality", the expression

"municipal council" shall be substituted.

3. In section 3 of the principal Act, in sub-section (2), clause (h) shall Amendment of be omitted.

section 3.

4. After section 3 of the principal Act, the following section shall be Insertion of section inserted, namely:—

3-A.

"3-A.Transitional provisions on the constitution or extension of

the area of the municipality.— (1) When the municipality is constituted

or extended, all property, all rights of whatever kind, used, enjoyed or

possessed by, and all interests of whatever kind owned by, or vested in, or

held in trust by or for the municipality or the panchayat constituted under

the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994), of which

local area is included as well as all liabilities legally subsisting against such

municipality or panchayat, as the case may be, on and from the date of

the notifi cation, by which such constitution or extension of the municipality

is declared, shall, subject to such directions as the Government may, by

general or special order, give in this behalf, vest with the municipality

constituted or to which such areas have been included.

(2) All arrears of taxes or other payments by way of composition for a

tax, or due for expenses or compensation or otherwise, except such arrears

or payments in respect of water supply and sewerage services, in respect

of the Chennai Metropolitan Area, due to such municipality or panchayat,

as the case may be, on the date of such notifi cation, shall be recovered as

if they had accrued to the municipality constituted or to which such areas

have been included and shall be recovered as if such arrears or payments

had become due under the provisions of this Act.

(3) All taxes, fees and duties, which immediately before the date of

such notifi cation, were being levied by such municipality or panchayat, as

the case may be, shall be deemed to have been levied by the municipality

constituted or to which such local areas have been included, under the

provisions of this Act and shall continue to be in force accordingly until such

taxes, fees and duties are revised, cancelled or superseded by, anything

done or any action taken under this Act.

(4) All proceedings taken by, or against, such panchayat or authority or

any person under the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21

of 1994), shall be continued by, or against, the municipality or authority or

person as if such proceedings had been commenced under the provisions

of this Act.

(5) Any action taken under the Tamil Nadu Panchayats Act, 1994

(Tamil Nadu Act 21 of 1994) by any authority before the date of such

notifi cation, shall be deemed to have been taken by the authority competent

to take such action under this Act, as if this Act had then been in force.

(6) Notwithstanding anything contained in this Act, every offi cer or

employee who, immediately before the date of such notifi cation, was in

the service of such municipality or panchayat, as the case may be, shall,

on and from the date of such notifi cation, be deemed to be an offi cer or

employee of the municipality constituted or to which such local areas have

been included:

Provided that—

(a) the terms and conditions applicable to such offi cer or employee

consequent on his absorption in the service of the municipality constituted

or to which such local areas have been included shall not be less favourable

than those applicable to such offi cer or employee immediately before the

date of such notifi cation, as regards pay and allowances, leave, pension,

gratuity, provident fund and age of superannuation; and

(b) the service rendered by such offi cer or employee under such

panchayat, upto the date of such notifi cation, shall be deemed to be the

service under the municipality constituted or to which such local areas have

been included and he shall be entitled to count that service for the purpose

of increments, leave, pension, provident fund and gratuity:

Provided further that such offi cer or employee serving in such

panchayat, shall be given an option to be exercised within such time and

in such manner as may be prescribed either to be absorbed in the service

of the municipality to which such local areas have been included or to

be transferred to the service referred to in sections 104 and 105 of the

Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) or to be

retrenched from the service of such panchayat, and on such retrenchment,

he shall be eligible for such benefi ts as may be prescribed.

Amendment of 5. In section 32 of the principal Act, after sub-section (1), the following

section 32.

sub-section shall be inserted, namely:—

"(1-A) In the case of a person who ceased to be a Chairperson

or councillor under sub-section (1), the matter shall be reported by

the Commissioner to the council and the Tamil Nadu State Election

Commission.".

6. In section 44 of the principal Act, in sub-section (6), the expression Amendment of "or Taxation Appeals Tribunal, as the case may be" shall be omitted.

section 44.

Amendment of 7. In section 78 of the principal Act, for sub-sections (2), (3) and (4),

section 78.

the following sub-sections shall be substituted, namely:—

"(2) (a) No sale, gift or exchange of any land or any other immovable

property belonging to the municipality shall be made by the council:

Provided that where any municipal land or any other immovable

property is required by the Central or State Government or any Central or

State Public Sector Undertaking for any public purpose, the council may

permit the sale, gift or exchange of such land or building.

(b) No such sale, gift or exchange of land or any other immovable

property belonging to the municipality shall be made without the sanction

of the Government.

(c) Such sale, gift or exchange of immovable property under this sub-

section shall be made at such rate as may be specifi ed by the Government.

(3) The council may grant licence, lease or rent out the land or buildings

belonging to it for use and occupation for a period not exceeding,—

(i) three years to the general public for non-commercial purpose;

(ii) nine years to the Central or State Government Departments, Public

Sector Undertakings or statutory bodies owned or controlled by the Central

or State Government;

(iii) twelve years, in the case of commercial shopping complexes:

Provided that no such licence, lease or rent out shall be granted for a

period exceeding three years at a time;

(iv) twenty years, in the case of agricultural land for agricultural

purpose:

Provided that the Government may, in special and extraordinary

circumstances, allow the council to sanction long lease beyond the period

prescribed in this sub-section for the following bonafi de public purposes,

namely:—

(i) Educational purpose;

(ii) Medical purpose;

(iii) Charitable purpose;

(iv) Social welfare activities;

(v) Minority welfare activities.

(4) After the completion of the period prescribed in sub-section (3), no

extension or renewal of lease, licence or rent out shall be permitted and

any application for the same shall be considered afresh in accordance with

the provisions of this Act.

(5) (a) Licence fee, lease rent or rent shall be paid,—

(i) for the fi rst year, at the time of handing over of land or building; and

(ii) for every subsequent year, before the 28th day of February of the

previous year:

Provided that for renting of shops in shopping complexes or public

markets, the collection of rent shall be made every month;

(b) A penal interest at the rate of twelve per cent simple interest

shall be levied for licence fee, lease rent or rent that is not paid within the

prescribed date when it is due.

(c) The licence fee, lease rent or rent shall be enhanced every year by

fi ve per cent during the duration of the licence or lease.

Amendment of

8. In section 82 of the principal Act, after sub-section (2), the following

section 82.

sub-section shall be inserted, namely:—

"(2-A) Any such return fi led under clauses (b) and (c) of

sub-section (2) shall be accompanied by such fee as may be prescribed for

such reassessment of property tax.".

Amendment of

9. In section 83 of the principal Act, in sub-section (2), in the proviso,

section 83.

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

"(a) in the case of any building of a class not ordinarily let, the gross

annual value shall be calculated as per the basic zonal value or basic street

rate, as may be prescribed and in case, in the opinion of the Commissioner,

the gross annual value cannot be estimated based on such basic zonal

value or basic street rate, as the case may be, the annual value of the

premises shall be deemed to be six per cent of the total estimated value

of the land and estimated present cost of construction of the building, after

deducting a reasonable amount towards depreciation which shall in no

case be less than ten per cent of such cost.".

Amendment of

10. In section 84 of the principal Act,—

section 84.

(1) in sub-section (1), for the expression "thirty days", the expression

"one month" shall be substituted;

(2) after sub-section (3), the following sub-section shall be inserted,

namely:—

"(4) Nothing contained in this section shall apply to the properties

owned by the Central or State Governments, public sector undertakings

or statutory bodies owned or controlled by the Central and State

Governments.".

Substitution of

11. For section 97 of the principal Act, the following section shall be

section 97.

substituted, namely:—

"97. Power to assess escaped assessment.—Notwithstanding

anything to the contrary contained in this Act or the rules made thereunder,

if for any reason any person liable to pay any of the taxes or fees leviable

under this Chapter has escaped assessment in any half-year or year or

has been assessed in any half-year or year at a rate lower than the rate

at which he is assessable, or in the case of property tax has not been

duly assessed in any half-year or year consequent on the building or land

concerned having escaped proper assessment, the Commissioner may,

at any time, serve on such person a notice assessing him to the tax or feeTAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 131 due and demanding payment thereof within fi fteen days from the date of

such service of notice and the provisions of this Act and the rules made

thereunder shall, so far as may be, apply as if the assessment was made

in the half-year or year to which tax or fee relates:

Provided that no arrears of tax or fee shall be collected for more than

last six years.".

Amendment of 12. In section 116 of the principal Act,—

section 116.

(i) the expression "tax" shall be omitted;

(ii) for the expression "an arrear of land revenue", the expression "an

arrear of a tax under section 116-A" shall be substituted.

Amendment of 13. In section 117-B of the principal Act,—

section 117-B.

(1) in sub-section (2), in the proviso, for the expression "employee",

the expression "person" shall be substituted;

(2) in sub-section (4), for the expression "Cantonments Act, 1924

(Central Act II of 1924)", the expression "Cantonments Act, 2006 (Central

Act 41 of 2006)" shall be substituted.

Substitution of 14. For section 117-G of the principal Act, the following section shall

section 117-G.

be substituted, namely:—

"117-G. Appeal.— (1) Any person or employer aggrieved by any order

or decision of the Commissioner in relation to the payment of tax (including

penalty, fee and interest) may, within such time as may be prescribed,

appeal to the Taxation Appeals Committee.

(2) The decision of the Taxation Appeals Committee shall be fi nal and

shall not be questioned in any court of law:

Provided that no such decision shall be made except after giving the

person affected a reasonable opportunity of being heard.".

Amendment of 15. In section 117-L of the principal Act, for sub-sections (1) and (2),

section 117-L.

the following sub-sections shall be substituted, namely:—

"(1) Every person who intends to erect hoarding at any place shall

register his name with the municipality in such Form with such fee, as may

be prescribed.

(2) Any registered person under sub-section (1) may apply to the

Commissioner for a licence for erection of any hoarding.

(2-A) Every application for licence under sub-section (2) shall be

made to the Commissioner in such form, containing such particulars, with

such application fee, as may be prescribed.".

Amendment of 16. In section 117-M of the principal Act, to sub-section (2), the

section 117-M.

following proviso shall be added, namely:—

"Provided that in case of political event, such application shall be

made at least three days prior to the date of erection of digital banner or

placard.".

Amendment of 17. In section 117-O of the principal Act, for the expression "as an

section 117-O.

arrear of land revenue", the expression "as an arrear of tax under section

116-A" shall be substituted.

Amendment of

18. In section 117-P of the principal Act, in sub-section (2), for the

section 117-P.

expression "as an arrear of land revenue", the expression "as an arrear of

tax under section 116-A" shall be substituted.

Substitution of

19. For section 117-S of the principal Act, the following section shall

section 117-S.

be substituted, namely:–

"117-S. Power to grant rights to advertise and to build or maintain

public asset in properties vested with the municipality.— (1) Subject to

the provisions of the Tamil Nadu Open Places (Prevention of Disfi gurement)

Act, 1959 (Tamil Nadu Act 2 of 1959) or any other law for the time being

in force, the Commissioner may grant right to any person or a class of

persons or any institution or organisation,—

(a) to display advertisement on contract; or

(b) to build or maintain a public asset by public private partnership basis,

by inviting tenders under the provisions of the Tamil Nadu Transparency in

Tenders Act, 1998 (Tamil Nadu Act 43 of 1998).

(2) Any amount paid to the municipality under sub-section (1) shall be

in addition to, and distinct from, the licence fee to be paid under section

117-L or section 117-M, as the case may be.

(3) Notwithstanding anything contained in this section, the council may

allow any person or a class of persons or any institution or organisation that

maintains a public asset belonging to, or vested with, the municipality at its

own cost, to display their own advertisement.".

Amendment of

20. In section 117-T of the principal Act, for the expression "as an

section 117-T.

arrear of land revenue" occurring in two places, the expression "as an

arrear of tax under section 116-A" shall be substituted.

Amendment of

21. In section 118 of the principal Act, in sub-section (5), the expression

section 118.

"after obtaining orders from the Director" shall be added at the end.

Amendment of

22. In section 119 of the principal Act, in the marginal heading, for

section 119.

the expression "erection of", the expression "construction of" shall be

substituted.

Amendment of

23. In section 120 of the principal Act,—

section 120.

(1) in sub-section (2), for the expression "the Commissioner",

the expression "the Member Secretary of the Chennai Metropolitan

Development Authority in the case of the Chennai Metropolitan Planning

Area and the Director of Town and Country Planning in the case of other

areas", shall be substituted;

(2) in sub-section (6), for the expression "the Commissioner"

occurring in two places, the expression "the Member Secretary of the

Chennai Metropolitan Development Authority in the case of the Chennai

Metropolitan Planning Area and the Director of Town and Country Planning

in the case of other areas", shall be substituted.

Amendment of

24. In section 122 of the principal Act, for the expression "the Tamil

section 122.

Nadu Slum Clearance Board", the expression "the Tamil Nadu Urban

Habitat Development Board", shall be substituted.

25. In section 128 of the principal Act,—

Amendment of

section 128.

(1) in sub-section (1),—

(a) in clause (a), for the expression "street or public place or the

land", the expression "street, public place, water body, tank, other water

resources or any land" shall be substituted;

(b) in clause (b),—

(i) for the expression "street or public place or the land", the expression

"street, public place, water body, tank, other water resources or any land"

shall be substituted;

(ii) for the expression "seven days", the expression "fi fteen days" shall

be substituted;

(2) in sub-section (2), for the expression "any public street or any land",

the expression "any public street, water body, tank, other water resources

or any land" shall be substituted.

Amendment of 26. In section 133 of the principal Act, for sub-sections (8), (9), (10)

section 133.

and (11), the following sub-sections shall be substituted, namely:—

"(8) Where no permission has been granted and where the application

has not been returned for rectifying the defects for furnishing any other

particulars, the applicant may fi le a copy of the building application together

with the details to the Member Secretary of the Chennai Metropolitan

Development Authority in the case of the Chennai Metropolitan Planning

Area or the Director of Town and Country Planning in other areas, as the

case may be, within one month from the date of expiry of the time limit for

grant of permission referred to in sub-section (6).

(9) On receipt of an application, the Member Secretary of the Chennai

Metropolitan Development Authority or the Director of Town and Country

Planning, as the case may be, shall, after verifying the correctness of

the particulars furnished in the application and satisfying himself that the

proposed building construction is in accordance with the provisions of this

Act and the rules made thereunder, grant permission or refuse to grant

permission for reasons to be recorded in writing within thirty days from the

date of receipt of the application.

(10) Any person objecting to an order passed by the Commissioner

under sub-section (6) or the Member Secretary of the Chennai Metropolitan

Development Authority or the Director of Town and Country Planning, as the

case may be, under sub-section (9) may, within a period of forty-fi ve days

from the date of receipt of the order prefer an appeal to the Government

in such form and shall be accompanied by such fee as may be prescribed:

Provided that the Government may, admit an appeal preferred after

the expiration of such period, if they are satisfi ed that the petitioner had

suffi cient cause for not preferring the appeal in time.

Explanation.— For the purpose of this sub-section and sub-section

(11), "Government" means the Government in Housing and Urban

Development Department.

(11) The Government may, after considering the grounds of appeal,

either confi rm or set aside, cancel or in any way modify the order of

the Commissioner or Member Secretary of the Chennai Metropolitan

Development Authority or the Director of Town and Country Planning, as

the case may be:

Provided that no order prejudicial to the appellant shall be passed

without giving him an opportunity of being heard.".

Amendment of

27. In section 135 of the principal Act, after sub-section (6), the

section 135.

following sub-section shall be added, namely:—

"(7) If in any case where no action has been taken in pursuance of

any notice issued by the Commissioner under sub-section (1) directing the

person to regulate the construction, re-construction or modifi cation of any

building in accordance with the rules and within the time limit referred to

in the said sub-section, the Commissioner may lock and seal the building

or remove or demolish unauthorised construction. The cost of expenditure

incurred by the municipality towards such removal or demolition shall be

recovered from the person concerned as an arrear of tax under section

116-A.".

Amendment of

28. In section 137 of the principal Act, for the expression "as an arrear

section 137.

of land revenue", the expression "as an arrear of tax under section 116-A"

shall be substituted.

Amendment of

29. In section 145 of the principal Act, in sub-section (2) for the

section 145.

expression "as an arrear of land revenue", the expression "as an arrear of

tax under section 116-A" shall be substituted.

Amendment of

30. In section 155 of the principal Act, in sub-section (3), in the

section 155.

proviso, for the expression "shall not continue any other system of disposal

already in existence in that building", the expression "shall not continue or

resort to any other means of sewage disposal such as septic tank, cess-

pool or sewage disposal vehicles" shall be substituted.

Amendment of

31. In section 161-A of the principal Act, in sub-section (3), for the

section 161-A.

expression "as an arrear of land revenue", the expression "as an arrear of

tax under section 116-A" shall be substituted.

Amendment of

32. In section 170 of the principal Act, in sub-section (2), for the

section 170.

expression "as an arrear of land revenue", the expression "as an arrear of

tax under section 116-A" shall be substituted.

Amendment of

33. In section 173 of the principal Act, in sub-section (1), in clause

section 173.

(b), for the expression "the Judicial Magistrate", the expression "the

Commissioner or Judicial Magistrate" shall be substituted.

Amendment of

34. In section 175 of the principal Act, in sub-section (11), for the

section 175.

expression "as an arrear of land revenue", the expression "as an arrear of

tax under section 116-A" shall be substituted.

Amendment of

35. In section 194 of the principal Act, in sub-section (1), for clause (a),

section 194.

the following clauses shall be substituted, namely:—

"(a) by sending the said document to such person by electronic means

as may be prescribed; or

(aa) by giving or tendering the said document to such person; or"

Amendment of

36. In section 198 of the principal Act,—

section 198.

(1) in sub-section (1), for the expression "may make rules", the

expression "may make rules prospectively or retrospectively" shall be

substituted;

(2) in sub-section (3),—

(a) for the expression "Special Grade Municipalities", the expression

"Special Grade Municipal Councils" shall be substituted;

(b) for the expression "Selection Grade and First Grade Municipalities",

the expression "Selection Grade and First Grade Municipal Councils" shall

be substituted;

(c) for the expression "Second Grade Municipalities", the expression

"Second Grade Municipal Councils" shall be substituted.

Insertion of 37. After section 199 of the principal Act, the following section shall be

section 199-A.

inserted, namely: —

"199-A. Application of the Tamil Nadu Act II of 1888.— The

provisions of the Tamil Nadu Places of Public Resort Act, 1888 (Tamil Nadu

Act II of 1888) shall apply to the municipalities.".

Amendment of 38. In section 200 of the principal Act,—

section 200.

(1) in sub-section (1), clause (h) shall be omitted.

(2) in sub-section (3), in clause (e), for the expression "municipalities"

occurring in two places, the expression "municipal councils" shall be

substituted.

STATEMENT OF OBJECTS AND REASONS.

The operation of the Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999) was suspended in the year 2000. The said Tamil Nadu Act 9 of 1999 has been revived and updated by the Tamil Nadu Urban Local Bodies (Amendment) Act, 2022 (Tamil Nadu Act 35 of 2022) incorporating certain provisions in consonance with the provisions available in the erstwhile laws governing the Municipal Corporations and Municipalities. The said Tamil Nadu Act 9 of 1999 along with the Rules made thereunder have been brought into force on the 13th April 2023.

2. During the implementation of the said Tamil Nadu Act 9 of 1999, it is found that it is imperative to provide certain new provisions to the said Tamil Nadu Act 9 of 1999 so as to implement the said Act effectively. Accordingly, the Government have decided to amend the said Tamil Nadu Act 9 of 1999 suitably for the said purpose.

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

K.N. NEHRU,

Minister for Municipal Administration.

MEMORANDUM REGARDING DELEGATED LEGISLATION.

Clauses 1(2)(b),4, 7, 8, 9, 14, 15, 26, 35 and 36(1) of the Bill authorise the Government to issue notifi cations or orders or to make rules, as the case may be, to carry out the purposes specifi ed therein.

2. The powers delegated are normal and not of an exceptional character.

K.N. NEHRU,

Minister for Municipal Administration.

Secretariat,

Chennai-600 009,

K. SRINIVASAN, 28th June 2024.

Principal Secretary.

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

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

on 28th June, 2024 is published together with Statement of Objects and

Reasons for general information:—

L.A Bill No. 25 of 2024

A Bill 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:—

1. (1) This Act may be called the Tamil Nadu Transparency in Short title and Tenders (Second Amendment) Act, 2024.

commencement.

(2) It shall come into force at once.

Tamil Nadu Act 43 of

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

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

section 16.

"(j) of consultancy and fi nancial services from the Tamil Nadu Urban

Infrastructure Financial Services Limited with the prior approval of the

Government:

Provided that a committee, consisting of the Secretary to Government

of the Department concerned, the Secretary to Government, Finance

Department and the Managing Director of the Tamil Nadu Urban

Infrastructure Financial Services Limited, shall determine the fee for the

services to be procured;".

STATEMENT OF OBJECTS AND REASONS.

Clause (j) of Section 16 of the Tamil Nadu Transparency in Tenders Act, 1998 (Tamil Nadu Act 43 of 1998) inter-alia provides that the provisions of sections 9 and 10 shall not apply to procurement of consultancy and fi nancial services from the Tamil Nadu Water Investment Company Limited or the Tamil Nadu Infrastructure Fund Management Corporation Limited or the Tamil Nadu Urban Infrastructure Financial Services Limited, with the prior approval of the Government. Since, the Tamil Nadu Water Investment Company Limited and the Tamil Nadu Infrastructure Fund Management Corporation Limited are now developed, they may be allowed to compete in the open market. Accordingly, it has been decided to omit the abovesaid two entities from the purview of the said clause (j) of section 16, by amending the Tamil Nadu Transparency in Tenders Act, 1998 (Tamil Nadu Act 43 of 1998) suitably.

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

THANGAM THENARASU,

Minister for Finance and

Human Resources Management.

Secretariat,

Chennai-600 009,

K. SRINIVASAN, 28th June 2024.

Principal Secretary.

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

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

28th June, 2024 is published together with Statement of Objects and Reasons

for general information:—

L.A Bill No. 26 of 2024

A Bill to Repeal certain Enactments.

WHEREAS it is expedient that the enactments specifi ed in the

Schedule which are spent or have otherwise become obsolete, or have

ceased to be in force otherwise than by expressed specifi c repeal, should

be expressly and specifi cally repealed;

B(cid:3469) 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 Repealing Act, 2024. Short title.

2. The enactments specifi ed in the Schedule are hereby repealed. Repeal of certain

enactments.

Savings.

3. The repeal by this Act of any enactment shall not affect any other

enactment in which the repealed enactment has been applied, incorporated

or referred to;

and this Act shall not affect the validity, invalidity, effect or consequences

of anything already done or suffered, or any right, title, obligation or liability

already acquired, accrued or incurred, or any remedy or proceeding in

respect thereof, or any release or discharge of or from any debt, penalty,

obligation, liability, claim or demand, or any indemnity already granted, or

the proof of any past act or thing;

nor shall this Act affect any principle or rule of law, or established

jurisdiction, form or course of pleading, practice or procedure, or existing

usage, custom, privilege, restriction, exemption, offi ce or appointment,

notwithstanding that the same respectively may have been in any manner

affi rmed or recognised or derived by, in or from any enactment hereby

repealed;

nor shall the repeal by this Act of any enactment revive or restore

any jurisdiction, offi ce, custom, liability, right, title, privilege, restriction,

exemption, usage, practice, procedure or other matter or thing not now

existing or in force.

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

REPEALS.

(See Section 2)

S.No. Year Number Short Title

(1) (2) (3)

(4)

President's Act

1. 1976 40 The Tamil Nadu General Sales Tax (Amendment) Act, 1976.

Tamil Nadu Acts

2. 1941 XVIII The Tamil Nadu Proprietary Estates' Village Service and Hereditary

Village-offices (Amendment) Act, 1941.

3. 1943 XXI The Tamil Nadu Proprietary Estates' Village Service and Hereditary

Village-offices (Amendment) Act, 1943.

4. 1951 VII The Tamil Nadu Estates Land (Reduction of Rent) Amendment Act, 1951.

5 1953 XIV The Tamil Nadu Tenants and Ryots Protection (Amendment) Act, 1953.

6. 1954 XXVIII The Tamil Nadu Estates Land (Reduction of Rent) Amendment Act, 1954.

7. 1954 XXXI The Tamil Nadu Tenants and Ryots Protection (Amendment) Act, 1954.

8. 1955 XXVII The Tamil Nadu Tenants and Ryots Protection (Amendment) Act, 1955.

9. 1956 XI The Pudukkottai (Settlement of Inams) Amendment Act, 1956.

10. 1956 XXXVI The Pudukkottai (Settlement of Inams) Second Amendment Act, 1956.

11. 1957 VIII The Tamil Nadu Tenants and Ryots Protection (Amendment) Act, 1957.

12. 1959 13 The Tamil Nadu Tenants and Ryots Protection (Amendment) Act, 1959.

13. 1961 15 The Tamil Nadu Estates Land (Reduction of Rent) Amendment Act, 1961.

14. 1961 16 The Tamil Nadu Inams (Assessment) Amendment Act, 1961.

15. 1961 30 The Tamil Nadu Tenants and Ryots Protection (Amendment) Act, 1961.

16. 1961 35 The Tamil Nadu Estates (Supplementary) Amendment Act, 1961.

17. 1963 17 The Tamil Nadu Tenants and Ryots Protection (Amendment) Act, 1963 18. 1963 19 The Tamil Nadu Estates Land (Reduction of Rent) Amendment Act, 1963.

19. 1964 26 The Tamil Nadu Lease-holds (Abolition and Conversion into Ryotwari)

Amendment Act, 1964.

20. 1964 34 The Tamil Nadu Electricity Duty (Amendment) Act, 1964.

21. 1964 35 The Tamil Nadu Electricity (Taxation on Consumption) Amendment Act, 1964.

22. 1967 13 The Tamil Nadu (Transferred Territory) Jenmikaram Payment Abolition

(Amendment) Act, 1967.

23. 1967 14 The Tamil Nadu Inams (Supplementary) Amendment Act, 1967.

24. 1968 8 The Tamil Nadu Inams (Supplementary) Amendment Act, 1968.

25. 1968 15 The Tamil Nadu Inams (Assessment) (Amendment) Act, 1968.

26. 1973 19 The Tamil Nadu Urban Land Tax (Amendment) Act, 1972.

S.No. Year Number Short Title

(1) (2) (3)

(4)

27. 1975 3 The Tamil Nadu Entertainments Tax (Amendment) Act, 1974.

28. 1975 5 The Tamil Nadu General Sales Tax (Fourth Amendment) Act, 1974.

29. 1975 15 The Tamil Nadu General Sales Tax (Amendment) Act, 1975.

30. 1975 41 The Tamil Nadu General Sales Tax (Second Amendment) Act, 1975.

31. 1975 44 The Tamil Nadu General Sales Tax (Third Amendment) Act, 1975.

32. 1975 49 The Tamil Nadu Urban Land Tax (Amendment) Act, 1975.

33. 1977 7 The Tamil Nadu General Sales Tax (Amendment) Act, 1977.

34. 1978 21 The Tamil Nadu Sales of Motor Spirit Taxation (Amendment) Act, 1978.

35. 1978 22 The Tamil Nadu General Sales Tax (Amendment) Act, 1978.

36. 1978 39 The Tamil Nadu General Sales Tax (Second Amendment) Act, 1978.

37. 1979 14 The Tamil Nadu Urban Land (Ceiling and Regulation) Amendment Act, 1979.

38. 1979 31 The Tamil Nadu Entertainments Tax (Amendment) Act, 1979.

39. 1979 33 The Tamil Nadu General Sales Tax (Amendment) Act, 1979.

40. 1979 47 The Tamil Nadu General Sales Tax (Second Amendment) Act, 1979.

41. 1980 28 The Tamil Nadu General Sales Tax (Amendment) Act, 1980.

42. 1980 29 The Tamil Nadu General Sales Tax (Second Amendment) Act, 1980.

43. 1981 20 The Tamil Nadu Entertainments Tax (Amendment) Act, 1981

44. 1981 33 The Tamil Nadu Sales Tax (Surcharge) Amendment Act, 1981.

45. 1981 34 The Tamil Nadu General Sales Tax (Amendment) Act, 1981.

46. 1981 62 The Tamil Nadu Urban Land (Ceiling and Regulation) Amendment Act, 1981.

47. 1981 63 The Tamil Nadu Urban Land (Ceiling and Regulation) Second Amendment

Act, 1981.

48. 1982 4 The Tamil Nadu General Sales Tax (Amendment) Act, 1982.

49. 1982 22 The Tamil Nadu General Sales Tax (Second Amendment) Act, 1982.

50. 1982 23 The Tamil Nadu General Sales Tax (Third Amendment) Act, 1982.

51. 1982 25 The Tamil Nadu Entertainments Tax (Amendment) Act, 1982

52. 1982 43 The Tamil Nadu Entertainments Tax (Second Amendment) Act, 1982 53. 1982 46 The Tamil Nadu General Sales Tax (Fourth Amendment) Act, 1982.

54. 1983 1 The Tamil Nadu Entertainments Tax (Amendment) Act, 1983.

55. 1983 19 The Tamil Nadu Entertainments Tax (Second Amendment) Act, 1983 56. 1983 20 The Tamil Nadu Entertainments Tax (Third Amendment) Act, 1983 57. 1983 21 The Tamil Nadu General Sales Tax (Amendment) Act, 1983.

58. 1983 29 The Tamil Nadu Urban Land (Ceiling and Regulation) Amendment Act, 1982.

S.No. Year Number Short Title

(1) (2) (3)

(4)

59. 1983 34 The Tamil Nadu Entertainments Tax (Fourth Amendment) Act, 1983 60. 1983 39 The Tamil Nadu General Sales Tax (Second Amendment) Act, 1983.

61. 1984 6 The Tamil Nadu Urban Land (Ceiling and Regulation) Amendment

(Amendment) Act, 1983.

62. 1984 14 The Tamil Nadu General Sales Tax (Amendment) Act, 1984.

63. 1984 35 The Tamil Nadu Urban Land (Ceiling and Regulation) Amendment and

Validation Act, 1984.

64. 1986 58 The Tamil Nadu General Sales Tax (Seventh Amendment) Act, 1986.

65. 1986 76 The Tamil Nadu General Sales Tax (Eighth Amendment) Act, 1986.

66. 1986 77 The Tamil Nadu General Sales Tax (Ninth Amendment) Act, 1986.

67. 1986 78 The Tamil Nadu General Sales Tax (Tenth Amendment) Act, 1986.

68. 1986 79 The Tamil Nadu General Sales Tax (Eleventh Amendment) Act, 1986.

69. 1987 17 The Tamil Nadu General Sales Tax (Amendment) Act, 1987.

70. 1987 18 The Tamil Nadu Entertainments Tax (Amendment) Act, 1987.

71. 1987 19 The Tamil Nadu Entertainments Tax (Second Amendment) Act, 1987.

72. 1987 20 The Tamil Nadu General Sales Tax (Second Amendment) Act, 1987.

73. 1987 31 The Tamil Nadu General Sales Tax (Third Amendment) Act, 1987.

74. 1987 51 The Tamil Nadu General Sales Tax (Fifth Amendment) Act, 1987.

75. 1987 52 The Tamil Nadu General Sales Tax (Sixth Amendment) Act, 1987.

76. 1987 53 The Tamil Nadu General Sales Tax (Validation) Act, 1987.

77. 1987 54 The Tamil Nadu Entertainments Tax (Third Amendment) Act, 1987 78. 1989 17 The Tamil Nadu General Sales Tax (Amendment) Act, 1989.

79. 1989 18 The Tamil Nadu General Sales Tax (Second Amendment) Act, 1989.

80. 1989 19 The Tamil Nadu General Sales Tax (Third Amendment) Act, 1989.

81. 1989 20 The Tamil Nadu Sales Tax (Surcharge) Amendment Act, 1989.

82. 1989 22 The Tamil Nadu Entertainments Tax (Amendment) Act, 1989.

83. 1989 26 The Tamil Nadu Urban Land (Ceiling and Regulation) Amendment Act, 1989.

84. 1989 28 The Tamil Nadu General Sales Tax (Fourth Amendment) Act, 1987.

85. 1989 39 The Tamil Nadu Sales Tax (Surcharge) Second Amendment Act, 1989.

86. 1990 22 The Tamil Nadu Sales Tax (Surcharge) Amendment Act, 1990.

87. 1990 23 The Tamil Nadu General Sales Tax (Second Amendment) Act, 1990.

88. 1990 29 The Tamil Nadu General Sales Tax (Amendment) Act, 1990.

89. 1990 30 The Tamil Nadu General Sales Tax (Third Amendment) Act, 1990.

90. 1991 2 The Tamil Nadu Entertainments Tax (Second Amendment) Act, 1991TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 145

S.No. Year Number Short Title

(1) (2) (3)

(4)

91. 1991 4 The Tamil Nadu General Sales Tax (Second Amendment) Act, 1991.

92. 1991 10 The Tamil Nadu General Sales Tax (Amendment) Act, 1991.

93. 1991 11 The Tamil Nadu Entertainments Tax (Amendment) Act, 1991

94. 1991 24 The Tamil Nadu Entertainments Tax (Third Amendment) Act, 1991 95. 1991 34 The Tamil Nadu General Sales Tax (Third Amendment) Act, 1991.

96. 1991 35 The Tamil Nadu General Sales Tax (Fourth Amendment) Act, 1991.

97. 1991 36 The Tamil Nadu Sales Tax (Surcharge) Amendment Act, 1991.

98. 1991 45 The Tamil Nadu Tax on Entry of Motor Vehicles into Local Areas (Amendment)

Act, 1991

99. 1994 43 The Tamil Nadu Electricity (Taxation on Consumption) Amendment Act, 1994.

100. 1994 48 The Tamil Nadu Urban Land (Ceiling and Regulation) Amendment Act, 1994.

101. 1995 23 The Chennai City Police (Amendment) Act, 1995.

102. 1995 42 The Tamil Nadu District Police (Amendment) Act, 1995.

103. 1995 44 The Tamil Nadu Labour Welfare Fund (Amendment) Act, 1995.

104. 1996 35 The Chennai Metropolitan Water Supply and Sewerage (Amendment) Act,

1996.

105. 1996 40 The Tamil Nadu Urban Land (Ceiling and Regulation) Amendment Act, 1996.

106. 1997 29 The Chennai Metropolitan Area Groundwater (Regulation) Amendment

Act, 1997.

107. 1997 56 The Chennai Metropolitan Water Supply and Sewerage (Amendment) Act,

1997.

108. 1997 58 The Chennai Metropolitan Water Supply and Sewerage (Second Amendment)

Act, 1997.

109. 1999 1 The Chennai City Police (Amendment) Act, 1999.

110. 2000 43 The Tamil Nadu Catering Establishments (Amendment) Act, 2000.

111. 2013 4 The Tamil Nadu Co-operative Societies (Amendment) Act, 2013.

STATEMENT OF OBJECTS AND REASONS.

The State Law Commission, Tamil Nadu has recommended in its various Reports to repeal various enactments, as they have become obsolete and redundant. The Government considered the said recommendations of the State Law Commission in consultation with respective administrative departments and have decided to repeal the obsolete and redundant laws specifi ed in the schedule to the Bill.

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

S. REGUPATHY,

Minister for Law.

Secretariat,

Chennai-600 009,

K. SRINIVASAN, 28th June 2024.

Principal Secretary.

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