Acts (English)

© GOVERNMENT OF TAMIL NADU 2024

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

[R. Dis. No. 197/2009.

[Price: Rs. 3.20 Paise.

No. 227] CHENNAI, THURSDAY, JULY 11, 2024 Aani 27, Kurothi, Thiruvalluvar Aandu-2055

Part IV—Section 2

Tamil Nadu Acts and Ordinances

Pages.

CONTENTS

ACTS:

No. 34 of 2024.—The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)

Amendment Act, 2024. .. .. .. .. .. 138 No. 35 of 2024.—The Tamil Nadu Prohibition (Amendment) Act, 2024.

.. 139-144 IV-2—Ex. (227)

[137]TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 138 The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 11th July 2024 and is hereby published for general information:—

ACT No. 34 OF 2024.

An Act further to amend the Tamil Nadu Land Reforms (Fixation of

Ceiling on Land) Act, 1961.

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 Land Reforms (Fixation

commencement. of Ceiling on Land) Amendment Act, 2024.

(2) It shall come into force at once.

Amendment to section 3(14).

Tamil Nadu Act 58 of 1961.

2. In section 3 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (hereinafter referred to as 'the principal Act'), in clause (14),—

(1) in sub-clause (i), for the expression "minor sons and unmarried

daughters,", the expression "minor children", shall be substituted;

(2) in sub-clause (ii), for the expression "minor grandsons and unmarried grand-daughters", the expression "minor grand-children" 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 11th July 2024 and is hereby published for general information:—

ACT No. 35 OF 2024.

An Act further to amend the Tamil Nadu Prohibition Act, 1937.

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 Prohibition (Amendment)

Act, 2024.

commencement.

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

may, by notification, appoint.

Tamil Nadu Act X of

Amendment of 1937.

2. In section 3 of the Tamil Nadu Prohibition Act, 1937 (hereinafter referred to as the principal Act), for clause (12), the following clause shall be section 3.

substituted, namely:—

"(12) "place" includes also a house, shed, enclosure, building,

shop, tent, booth, vehicle, cart and vessel;".

Amendment of 3. In section 4 of the principal Act,─

section 4.

(1) in sub-section (1),—

(a) for clause (k), the following clause shall be substituted,

namely:—

"(k) being the owner of, or in-charge of, or having the management of,

or in control of, or in possession of, a place, allows any of the acts specified

in clauses (a) to (jj) upon such place;".

(b) after clause (k), for the expression "shall be punished–" and

clauses (a) to (c) thereunder, the following expression and clauses shall be

substituted, namely:—

"shall be punished, in the case of offences—

(A) falling under clauses (aaa), (b), (f), (h) and (i), with

rigorous imprisonment for a term not less than three years, which may

extend to seven years and with fine which shall not be less than two lakh

rupees but which may extend to three lakh rupees;

(B) falling under clauses (aa) and (k), with rigorous

imprisonment for a term not less than two years, but which may extend to

five years and with fine which shall not be less than one lakh rupees but

which may extend to two lakh rupees;

(C) falling under other clauses, with imprisonment for a term

not less than one year, but which may extend to three years and with fine

which shall not be less than fifty thousand rupees but which may extend to

one lakh rupees:

Provided that notwithstanding anything contained in clause (A),

clause (B) and clause (C) above, offences relating to the transport, possession

and consumption of any liquor specified by the State Government under

sub-clause (i) of clause (j) which are manufactured and sold in accordance

with the provisions of this Act and the rules made thereunder, shall be

punished with imprisonment for a term which may extend to one year or

with fine which shall not be less than twenty five thousand rupees but which

may extend to fifty thousand rupees or with both:"TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 140 (c) in the existing proviso, for the expression "Provided that", the

expression "Provided further that" shall be substituted;

(2) in sub-section (1-A), for clauses (i) and (ii), the following clauses

shall be substituted, namely:─

"(i) if death has ensued due to its consumption, with rigorous

imprisonment for life and with fine which shall not be less than ten lakh

rupees; and

(ii) in any other case, with rigorous imprisonment for a term not less

than five years, but which may extend to ten years and with fine which shall

not be less than five lakh rupees but which may extend to ten lakh rupees.".

Amendment of

section 5.

4. In section 5 of the principal Act, for the expression "rigorous imprisonment for a term which may extend to three years and with fine which

may extend to ten thousand rupees", the expression "rigorous imprisonment

for a term not less than three years but which may extend to seven years

and with fine which shall not be less than two lakh rupees but which may

extend to three lakh rupees" shall be substituted.

Insertion of

5. After section 5 of the principal Act, the following section shall be

section 5-A.

inserted, namely:—

"5-A. Sealing of unlicensed places used for consumption of liquor.– (1) No person, being the owner of, or in-charge of, or having the management of, or in control of, or in possession of, any place shall, without

obtaining a licence under this Act or the rules made thereunder, allow

consumption of liquor in that place.

(2) Where any place not licensed for consumption of liquor under

this Act or the rules made thereunder, is allowed to be used for consumption

of liquor, then, that place shall be sealed by the Prohibition Officer concerned

or by an officer not below the rank of Tahsildar, as may be authorised by the

District Collector concerned. The owner of, or the person in-charge of, or

having the management of, or in control of, or in possession of, such place

shall provide security for the place so sealed under this sub-section.

(3) After sealing a place under sub-section (2), the owner of, or

the person in-charge of, or having the management of, or in control of, or in

possession of, such place shall be given a notice in writing within forty eight

hours, informing him of the grounds on which the said place was sealed

and he shall also be given an opportunity of making a representation in

writing, to the officer who has sealed the place, within such time as may

be specified in that notice. Such representation shall be considered by the

officer concerned and a suitable order shall be passed thereon on merits

within a period of seven days.

(4) The place so sealed under sub-section (2) may continue to be

under seal for a period of not more than three months, as may be ordered.

(5) No person shall break the seal unless and until the order of

sealing is revoked under sub-section (3) or sub-section (6).

(6) Any person aggrieved by an order passed under sub-section (3)

may, within a period of thirty days from the date of receipt of a copy of such

order, make an appeal to the District Collector concerned, who shall, after

giving an opportunity of making a representation to the appellant, pass

suitable order on such appeal as he deems fit within a period of thirty days.".

Amendment of 6. In section 6 of the principal Act, for the expression "with imprisonment which may extend to six months or with fine which may extend to one section 6.

thousand rupees or with both", the expression "with rigorous imprisonment

for a term not less than two years, but which may extend to five years and

with fine which shall not be less than one lakh rupees but which may extend

to two lakh rupees" shall be substituted.

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

substituted, namely:-

section 7.

"7. Punishment for conspiracy.— When two or more persons

agree—

(i) to commit or cause to be committed any offence punishable

under clause (A), clause (B) and clause (C) of sub-section (1) of section 4

except the first proviso thereto, sub-section (1-A) of section 4 or section 5; or

(ii) to evade or nullify the provisions of this Act,

each of such person shall, notwithstanding that no act except the

agreement was done by any of the parties thereto in pursuance thereof, be

punished in the case of any offence under clause (i), be punished with the

punishment provided for the commission of such offence and in the case

of any offence under clause (ii), be punished with imprisonment for a term

not less than one year but which may extend to three years and with fine

which shall not be less than fifty thousand rupees but which may extend to

one lakh rupees.".

Amendment of 8. In section 11 of the principal Act, for the expression "imprisonment which may extend to six months or with fine which may extend to five section 11.

hundred rupees or with both", the expression "imprisonment for a term not

less than one year but which may extend to three years and with fine which

shall not be less than fifty thousand rupees but which may extend to one

lakh rupees" shall be substituted.

Amendment of 9. In section 13-A of the principal Act, in clause (1), for the expression "apparatus", the expression "apparatus and other movable properties" shall section 13-A.

be substituted.

Amendment of 10. In section 14 of the principal Act,—

section 14.

(1) in the proviso to sub-section (2), for the expression "cart or

other vehicle" occurring in two places, the expression "cart, vehicle or other

movable properties" shall be substituted;

(2) in sub-section (4), for the expression "cart or other vehicle"

occurring in five places, the expression "cart, vehicle or other movable

property" shall be substituted;

(3) after sub-section (5), the following sub-section shall be

inserted, namely:–

"(6) Where any property has been confiscated under

this section, such property shall vest with the Government free from all

encumbrances.".

Amendment of 11. In section 14-A of the principal Act, including the marginal heading, for the expression "cart or other vehicle", the expression "cart, vehicle or section 14-A.

other movable property" shall be substituted.

Substitution of

11-A. For section 15-C of the principal Act, the following section shall

section 15-C

be substituted, namely:-

"15-C. Offences to be non-bailable.-(1) The offences punishable

under this Act with rigorous imprisonment for a term which may extend to

three years and upwards shall be non-bailable and the provisions of the

Code of Criminal Procedure, 1973 (Central Act 2 of 1974), with respect to

non-bailable offences, shall apply to those offences:

Provided that notwithstanding anything contained in the Code of

Criminal Procedure 1973 (Central Act 2 of 1974), no person accused of an

offence punishable under section 4(1-A)(i) of this Act shall, if in custody, be

released on bail or on his own bond, unless—

(a) the Public Prosecutor has been given an opportunity to oppose

the application of such release; and

(b) where the Public Presecutor opposes the application, the

Court is satisfied that there are reasonable grounds for believing that he is

not guilty of such offence and that he is not likely to commit any offence while

on bail:

Provided further that nothing in section 438 of the Code shall apply

in relation to any case involving the arrest of any person on an accusation of

having committed an offence punishable under section 4(1-A)(i) of this Act.

(2) Nothing contained in sections 27,28,29, 32, 38 and 39 shall

be construed as enabling a person to be admitted to bail if the offence

alleged to have been committed by such person is one referred to in

sub-section (1 ).".

Amendment of

section 24-D.

12. In section 24-D of the principal Act, for the expression "offence under clauses (aaa), (b), (f) and (h) of sub-section (1) and offence punishable under

sub-section (1-A) of section 4 and offences under section 6 and section

52-E by way of composition of such offence a sum of money not exceeding

ten thousand rupees but not less than one thousand rupees.", the following

expression shall be substituted, namely:–

"offences punishable under clause (A), clause (B) and clause (C) of

sub-section (1) of section 4 except the first proviso thereto, sub-section (1-A)

of section 4, sections 5, 6, 7 and 52-E, by way of composition of such offence

an amount not exceeding twenty five thousand rupees, but not less than ten

thousand rupees.".

Insertion of

13. After section 52-A of the principal Act, the following section shall

section 52-AA. be inserted, namely:—

"52-AA. Security for maintaining good behaviour from habitual offenders.—(1) When an Executive Magistrate receives information that within his local jurisdiction there is a person convicted under clause (A),

clause (B) and clause (C) of sub-section (1) of section 4, sub-section

(1-A) of section 4, section 5 and section 7 and he habitually commits or

attempts to commit, or abets the commission of offences punishable under

the aforesaid sections which involves a breach of peace, the Executive

Magistrate may, in the manner provided in sections 111 to 116 of the Code

of Criminal Procedure, 1973 (Central Act 2 of 1974), require such person

to show cause as to why he should not be ordered to execute a bond with

sureties, for the good behaviour for such period not exceeding three years,

as the Executive Magistrate thinks fit.

(2) If, upon such inquiry, it is proved that for maintaining the good

behaviour, it is necessary that the person in respect of whom the inquiry is

made, should execute a bond, with sureties, the Executive Magistrate shall

make an order accordingly:

Provided that—

(a) no person shall be ordered to give security of a nature different

from, or of an amount larger than, or for a period longer than, that specified

in the show cause notice issued under sub-section (1);

(b) the amount of every bond shall be fixed with due regard to the

circumstances of the case and shall not be excessive;

(c) when the person in respect of whom the inquiry is made is a minor,

the bond shall be executed only by his sureties.

(3) The bond shall be in the format provided in Schedule II to this Act,

and the provisions of the Code of Criminal Procedure, 1973 (Central Act 2

of 1974) shall insofar as they are applicable, apply mutatis mutandis to all

matters connected with such bond as if it were a bond for maintaining good

behaviour ordered to be executed under section 117 of that Code.

(4) If any person ordered to give security under sub-section (2) does

not give such security on or before the stipulated date or if such person has,

in the opinion of the Executive Magistrate or his successor-in-office, has

committed breach of the bond, necessary action may be initiated against

such person in the manner as provided in section 122 of the said Code as if

the bond was executed under section 117 of the said Code.".

Amendment of 14. In section 52-E of the principal Act, for sub-section (1), the following

sub-section shall be substituted, namely:-

section 52-E.

"(1) When any person having been—

(i) previously convicted at least twice for an offence punishable

under clause (A), clause (B) or clause (C) of sub-section (1) of section 4; or

(ii) previously convicted of an offence punishable under

sub-section (1-A) of section 4 or section 5 or section 7,

the Court may, either on its own motion at the time of passing the

sentence of imprisonment on such person or on an application made to it

within a period of two months from the date of conviction by the Prohibition

Officer or the Investigation Officer concerned by an order, also direct such

person to remove himself after the expiry of such sentence of imprisonment,

from the place in which he ordinarily resides or operates, to any other place

in any other district as the Court may specify in such order.

Amendment of 15. In the Schedule II to the principal Act,—

Schedule II.

(1) for the expression "(See section 52-A)", the expression "(See

sections 52-A and 52-AA)" shall be substituted;

(2) for the expression "any offence under sections 4(1)(a), 4(1)

(aa), 4(1)(aaa), 4(1)(b), 4(1)(d), 4(1)(e), 4(1)(f), 4(1)(g), 4(1)(h), 4(1)(i) and

4(1)(jj)" occurring in two places, the expression "any offence punishable

under clause (A), clause (B), clause (C) of sub-section (1) of section (4),

sub-section (1-A) of section 4, section 5, section 7" 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