Bills Introduced in the Legislative Assembly of the State of Tamil Nadu (ENGLISH)

© GOVERNMENT OF TAMIL NADU 2024

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

[R. Dis. No. 197/2009.

[Price: Rs.15.20 Paise.

No. 395] CHENNAI, MONDAY, DECEMBER 9, 2024 Karthigai 24, Kurothi, Thiruvalluvar Aandu-2055

Part IV—Section 1

Tamil Nadu Bills

CONTENTS

Pages.

BILLS:

No. 35 of 2024—The Tamil Nadu Public Buildings (Licensing) Amendment Act, 178-182 2024.

No. 36 of 2024—The Tamil Nadu Local Authorities Entertainments Tax Act (Amendment)

Act, 2024 .. .. .. .. .. .. 183-186 No. 37 of 2024—The Tamil Nadu Panchayats (Seventh Amendment) Act, 2024 .. 187-190 No. 38 of 2024—The Tamil Nadu Agricultural Produce Marketing (Regulation) Second

Amendment Act, 2024 .. .. .. .. .. 191-192 No. 39 of 2024—The Tamil Nadu Hostels and Homes for Women and Children 193-196 (Regulation) Amendment Act, 2024. .. .. .. ..

No. 40 of 2024—The Tamil Nadu Goods and Services Tax (Amendment) Act, 197-200 2024.

No. 41 of 2024—The Tamil Nadu Goods and Services Tax (Second Amendment) Act, 201-204 2024. .. .. .. ..

No. 42 of 2024—The Chennai University (Amendment) Act, 2024. .. .. 205-206 No. 43 of 2024—The Tamil Nadu Private Universities (Amendment) Act, 2024. .. 207-212 No. 44 of 2024—The Tamil Nadu Catering Establishments (Amendment) Act, 2024 .. 213-214 DTP—Ex-IV-1 (395

[177]178 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

Tamil Nadu on 9th December, 2024 is published together with Statement

of Objects and Reasons for general information:—

L.A Bill No. 35 of 2024

A Bill further to amend the Tamil Nadu Public Buildings

(Licensing) Act, 1965.

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 Public Buildings

Short title and

(Licensing) Amendment Act, 2024.

commencement.

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

Government may, by notification, appoint.

Tamil Nadu 2. In section 2 of the Tamil Nadu Public Buildings (Licensing)

Amendment of

Act 13 of 1965.

Act, 1965 (hereinafter referred to as the principal Act),—

section 2.

(1) for clause (2), the following clause shall be substituted,

namely:—

"(2) "competent authority" means the District Collector;";

(2) clause (4) shall be omitted;

(3) for clause (6), the following clause shall be substituted,

namely:—

"(6) "licence" means a licence granted or renewed under

this Act;".

3. For sections 3, 4 and 5 of the principal Act, the following

Substitution of

sections shall be substituted, namely:-

sections 3, 4

and 5.

"3. Public buildings to be licensed.— No building shall be used as a public building without a licence and except in accordance with the terms and conditions specified therein.

4. Grant of licence.— (1) Any owner, who intends to use any building as a public building, shall make an application for licence in such electronic form as may be prescribed, through the online portal as may be notified by the Government in the Tamil Nadu Government Gazette.

(2) Every application under sub-section (1) shall be accompanied by such fee as may be prescribed along with a Certificate of Structural Soundness of the building concerned issued by an engineer in such form as may be prescribed and such Certificate shall be validated in such manner as may be prescribed.

(3) Subject to the validation of the Certificate of Structural Soundness, the licence shall be auto generated and granted online in such form and in such manner as may be prescribed. The period specified in the Certificate of Structural Soundness shall be the period of validity of the licence, subject to the fulfillment of the terms and conditions relating to the maintenance of the structural soundness of the building and the precautions to be taken for the safety of the public as specified therein.

(4) Notwithstanding anything contained in sub-sections (1) to (3), any application for the grant of a licence or renewal of a licence or any appeal or revision against refusal to the grant or renewal of the licence, pending on the date of commencement of the Tamil Nadu Public Buildings (Licensing) Amendment Act, 2024, shall be disposed of in accordance with the provisions of this Act, as in force immediately before the commencement of the Tamil Nadu Public Buildings (Licensing) Amendment Act, 2024:

Provided that the owner of the building may withdraw such pending application for grant or renewal of licence or appeal or revision, as the case may be, in such manner as may be prescribed and may make a fresh application for licence through the online portal referred to in sub-section (1).

5. Inspection.— (1) The competent authority, in the event of doubt on the structural soundness of a public building, shall cause the inspection of such public building by a technical committee to be constituted by the competent authority in such manner as may be prescribed.

(2) After such inspection, the technical committee shall submit a report to the competent authority in such form, within such time and in such manner as may be prescribed.

(3) Based on the report of the technical committee, the competent authority may impose such other terms and conditions relating to the maintenance of the structural soundness of the building and the precautions to be taken for the safety of the public or pass such other orders as it may deem fit.".

4. Sections 6 and 7 of the principal Act shall be omitted. Omission of sections

6 and 7.

Amendment of 5. In section 9 of the principal Act, the second proviso to

section 9.

sub-section (1) shall be omitted.

Amendment of

section 10.

6. In section 10 of the principal Act, in sub-section (1), in clause (iv), after the expression, "the licence was granted", the expression, " based on the report of the technical committee referred to under section 5 or otherwise" shall be added.

Amendment of 7. In section 11 of the principal Act,—

section 11.

(1) for the marginal heading, the following marginal

heading shall be substituted, namely:—

"Appeal against order under section 10.—";

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

substituted, namely:—

"(1) Any person aggrieved by an order of the competent authority under section 10 may, within such time as may be prescribed, appeal to the Commissioner of Revenue Administration:

Provided that the appellate authority may, in its discretion, allow further time not exceeding one month for the filing of any such appeal, if it is satisfied that the appellant had sufficient cause for not filing the appeal in time.".

8. Section 12 of the principal Act shall be omitted. Omission of

section 12.

Amendment of

section 13.

9. In section 13 of the principal Act, for the expression "Board of Revenue", wherever it occurs, the expression "Government" shall be substituted.

Amendment of 10. In section 14 of the principal Act, the expression "mentioned

section 14.

in sub-section (1) of section 5" shall be omitted.

Amendment of

section 15.

11. In section 15 of the principal Act, in sub-section (4), for the expression "Board of Revenue", the expression "Government" shall be substituted.

Amendment of 12. In section 16 of the principal Act, after sub-section (2), the

section 16.

following sub-section shall be added, namely:—

"(3) If it is found that any engineer has issued a Certificate of Structural Soundness without proper inspection of the building or has knowingly given an incorrect certification about the structural soundness of a building based on inadequate or false data,—

(i) such engineer shall be liable to a penalty of not exceeding

two lakh rupees;

(ii) the registration of such engineer shall be cancelled immediately from the panel of Registered Engineers maintained by the competent authority in the district concerned; and

(iii) such engineer shall be debarred from taking up any works

under the Government or any local bodies:

Provided that no order under this sub-section shall be made

without giving an opportunity of being heard to such engineer.".

Amendment of

section 21.

13. In section 21 of the principal Act, for the expression "section 21 of the Indian Penal Code (Central Act XLV of 1860)", the expression "clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023)" shall be substituted.

Amendment of

section 25.

14. In section 25 of the principal Act, in sub-section (3), in clause (a), for the expression "Fort St.George Gazette", the expression "Tamil Nadu Government Gazette" shall be substituted.

STATEMENT OF OBJECTS AND REASONS.

The Government of Tamil Nadu is making all efforts to ensure transparency and accountability by promoting e-Governance and providing substantially enhanced access to Government Services through online mode. In order to enable online open access from anywhere and to ensure that "Any Time Any Place Services" are made available to the general public, processes are being simplified by reducing complexity. The Empowered Committee constituted for the purpose of promoting Simple Governance has recommended to amend the Tamil Nadu Public Buildings (Licensing) Act, 1965 (Tamil Nadu Act 13 of 1965) for simplifying the procedure for grant of licence to the public buildings.

2. The Government have accepted the said recommendations and accordingly decided to amend the said Tamil Nadu Act 13 of 1965 suitably for the said purpose.

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

K.N. NEHRU, Minister for Municipal Administration.

MEMORANDUM REGARDING DELEGATED LEGISLATION.

Clauses 1(2), 3 and 7 of the Bill authorise the Government to issue notification or make rules to carry out the purposes specified 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, 9th December 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 Tamil Nadu on

9th December, 2024 is published together with Statement of Objects and

Reasons for general information:—

L.A Bill No. 36 of 2024

A Bill further to amend the Tamil Nadu Local Authorities

Entertainments Tax Act, 2017.

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 Local Authorities

commencement.

Entertainments Tax (Amendment) Act, 2024.

(2) It shall come into force at once.

Tamil Nadu

Amendment of 2. In section 2 of the Tamil Nadu Local Authorities Entertainments

Act 20 of 2017.

section 2.

Tax Act, 2017 (hereinafter referred to as the principal Act),—

(a) in clause (8), after the expression "payment for admission",

the following expression shall be inserted, namely:—

"or concert, drama, show or any other event conducted in the premises of any institution or in any other place for which persons are required to make payment for admission by way of ticket or contribution or subscription or any other charges collected in any manner whatsoever.";

(b) for clause (10), the following clause shall be substituted,

namely:—

"(10) "institution" includes any educational institution or company, society, club or any other association of persons by whatever name called;";

(c) for clause (11), the following clause shall be substituted,

namely:—

"(11) "local authority" means a municipal corporation or a municipal council or a town panchayat constituted or deemed to have been constituted under the Tamil Nadu Urban Local Bodies Act,1998 (Tamil Nadu Act 9 of 1999) or a village panchayat constituted under the Tamil Nadu Panchayats Act,1994 (Tamil Nadu Act 21 of 1994), in whose jurisdiction the entertainment is provided;";

(d) in clause (16), after the expression "any person or body of persons conducting other tournaments", the expression "or any person or body of persons conducting any concert, drama, show or any other event", shall be inserted.

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

section 3.

(a) in sub-section (1), after the item (h), the following item

shall be added, namely:—

"(i) any concert, drama, show or any other event conducted

in the premises of any institution or in any other places.";

(b) in sub-section (2),—

(i) in clause (i), for the expression "Municipalities, Special Grade", occurring in two places, the expression "Municipal Councils, Special Grade" shall be substituted;

(ii) for the Explanations I and II, the following Explanation

shall be substituted, namely:—

"Explanation.— For the purposes of clause (i),—

(a) "Municipal Corporations" mean the Municipal Corporations constituted or deemed to have been constituted under the Tamil Nadu Urban Local Bodies Act,1998 (Tamil Nadu Act 9 of 1999);

(b) "Municipal Councils, Special Grade" mean the Municipal Councils constituted or deemed to have been constituted under the Tamil Nadu Urban Local Bodies Act,1998 (Tamil Nadu Act 9 of 1999) and classified as "Municipal Councils, Special Grade" under rule 3 of the Tamil Nadu Urban Local Bodies Rules, 2023.";

(c) in sub-section 5, for the items (a), (b) and (c), the following

items shall be substituted, namely:—

six thousand rupees per month.

"(a) within the limits of the Municipal Corporations constituted or deemed to have been constituted under the Tamil Nadu Urban Local Bodies Act,1998 (Tamil Nadu Act 9 of 1999).

three thousand rupees per month.

(b) within the limits of the Municipal Councils constituted or deemed to have been constituted under the Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999).

one thousand and five hundred rupees per month.";

(c) within the limits of the Town Panchayats constituted or deemed to have been constituted under the Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999).

(d) after sub-section (9), the following sub-section shall be

added, namely:—

"(10) The entertainments tax on any concert, drama, show or any other event conducted in the premises of any institution or in any other places shall be calculated at the rate of ten per cent on each payment for admission.".

Amendment of

section 23.

4. In section 23 of the principal Act, in sub-section (2), for the expression "Code of Criminal Procedure, 1973 (Central Act 2 of 1974)", the expression "Bharatiya Nagarik Suraksha Sanhita, 2023 (Central Act 46 of 2023)" shall be substituted.

Amendment of

section 29.

5. In section 29 of the principal Act, in clause (ii), for the expression "Municipalities", the expression "Municipal Councils" shall be substituted.

Amendment of

section 30.

6. In section 30 of the principal Act, for the expression "section 21 of the Indian Penal Code (Central Act XLV of 1860)", the expression "clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023)" shall be substituted.

STATEMENT OF OBJECTS AND REASONS.

The Tamil Nadu Local Authorities Entertainments Tax Act, 2017 (Tamil Nadu Act 20 of 2017) enables the local bodies to levy and collect tax on entertainments and amusements specified therein. However, there is no enabling provision for levy and collection of entertainments tax on concert, drama, show or any other event conducted by any institution, including an educational institution on payment for admission. The Government have therefore decided to make suitable provisions for levy and collection of entertainments tax for the aforementioned events also at the rate of ten percent on each payment for admission. Accordingly, the Government have decided to amend the said Tamil Nadu Act 20 of 2017, suitably for the purpose.

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

K.N. NEHRU, Minister for Municipal Administration.

Secretariat,

Chennai-600 009,

K. SRINIVASAN, 9th December 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

Tamil Nadu on 9th December, 2024 is published together with Statement

of Objects and Reasons for general information:—

L.A Bill No. 37 of 2024

A Bill 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.

(Seventh Amendment) Act, 2024.

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

Government may, by notification, appoint.

Tamil Nadu

Amendment of 2. In section 2 of the Tamil Nadu Panchayats Act, 1994

Act 21 of 1994.

section 2.

(hereinafter referred to as the principal Act),—

(i) in clause (2), for the expression "casual election" , the

expression " mid-term election" shall be substituted;

(ii) in clause (19), for the expression "ordinary election",

the expression "general election" shall be substituted.

Amendment of

section 9.

3. In section 9 of the principal Act, in sub-section (1), for the expression "ordinary election", the expression "general election" shall be substituted.

Amendment of 4. In section 13 of the principal Act,—

section 13.

(i) in sub-section (1),—

(a) for the expression "ordinary elections", the expression

"general elections" shall be substituted;

(b) for the expression "ordinary election", the

expression"general election"shall be substituted;

(ii) in sub-section (2), for the expression "ordinary elections",

the expression "general elections" shall be substituted.

Amendment of

section 18.

5. In section 18 of the principal Act, in sub-section (1), for the expression "ordinary election", the expression "general election" shall be substituted.

Amendment of 6. In section 22 of the principal Act, —

section 22.

(i) in sub-section (1),for the expression "an ordinary election",

the expression "a general election" shall be substituted;

(ii) in sub-section (2), —

(a) for the expression "an ordinary election", the expression

"a general election" shall be substituted;

(b) for the expression "ordinary election", the expression"

general election"shall be substituted.

Amendment of

7. In section 29 of the principal Act,—

section 29.

(i) in sub-section (1),for the expression "an ordinary election",

the expression "a general election" shall be substituted;

(ii) in sub-section (2), —

(a) for the expression "an ordinary election", the expression

"a general election" shall be substituted;

(b) for the expression "ordinary election", the expression

"general election" shall be substituted.

Amendment of

section 31.

8. In section 31 of the principal Act, in sub-section (1), for the expression "ordinary election", the expression "general election" shall be substituted.

Amendment of

9. In section 43 of the principal Act,—

section 43.

(1) in sub-section (1), in clause (b), for the expression "an ordinary or casual election", the expression "a general or mid-term election" shall be substituted;

(2) in sub-section (2), for the expression "ordinary elections",

the expression "general elections" shall be substituted;

(3) in sub-section (3), for the expression "an ordinary election",

the expression "a general election" shall be substituted;

(4) in sub-section (5), for the expression "ordinary election", the

expression "general election" shall be substituted.

Amendment of

section 261.

10. In section 261 of the principal Act, in sub-section (1), for the expression "ordinary elections", the expression "general elections" shall be substituted.

Amendment of

section 261-A.

11. In section 261-A of the principal Act, for the expression "ordinary elections", the expression "general elections" shall be substituted.

STATEMENT OF OBJECTS AND REASONS.

A comprehensive Act, namely, the Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999) was enacted by repealing the existing Acts governing the Municipal Corporations, Municipalities and Town Panchayats. In the said Act, the expressions "general election" and "mid-term election" have been used instead of "ordinary election" and "casual election". In order to ensure uniformity in the usage of terms relating to elections in both Rural and Urban Local Bodies and to avoid confusion amongst political parties, officials, the general public and other stakeholders, the Tamil Nadu State Election Commission has requested the Government to make necessary amendments to the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) by substituting the expressions "ordinary election" and "casual election" by the expressions "general election" and "mid-term election" on the lines of changes made in the Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999)

2. The Government have decided to accept the aforesaid proposal of the Tamil Nadu State Election Commission and accordingly decided to amend the said Tamil Nadu Act 21 of 1994 suitably.

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

I.PERIYASAMY, Minister for Rural Development.

Secretariat,

Chennai-600 009,

K. SRINIVASAN, 9th December 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 9th December, 2024 is published together with

Statement of Objects and Reasons for general information:—

L.A Bill No. 38 of 2024

A BILL FURTHER TO AMEND THE TAMIL NADU

AGRICULTURAL PRODUCE MARKETING (REGULATION)

ACT, 1987.

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 Agricultural

commencement.

Produce Marketing (Regulation) Second Amendment Act, 2024.

(2) It shall be deemed to have come into force on the

30th day of November 2024.

Tamil Nadu Act

Amendment of 27 of 1989.

section 33.

2. In section 33 of the Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987 (hereinafter referred to as the principal Act),in the proviso to sub-section (1), for the expression "thirteen years and six months", the expression "fourteen years and six months" shall be substituted.

Validation.

3. Notwithstanding anything contained in the principal Act, every person exercising the powers and discharging the functions of a Special Officer of the market committees, with effect on and from the 30th day of November 2024, shall be deemed to have been appointed as such Special Officers under sub-section (1) of section 33 of the principal Act, as amended by this Act, and anything done or any action taken by the said Special Officers during the period commencing on the 30th day of November 2024 and ending with the date of publication of this Act in the Tamil Nadu Government Gazette, shall be deemed to have been validly done or taken under the principal Act, as amended by this Act.

STATEMENT OF OBJECTS AND REASONS.

Sub-section (1) of section 33 of the Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987 (Tamil Nadu Act 27 of 1989) empowers the Government to appoint a Special Officer to manage the affairs of a market committee for a period not exceeding one year at a time and the said period may be extended by the Government from time to time subject to the condition that such order of extension shall not remain in force for more than three years in the aggregate. By virtue of the said provision, Special Officers were appointed to several market committees to manage its affairs. The maximum period for which such order of extension shall remain in force was enhanced from time to time beyond the said period of three years, by amending the proviso to sub-section (1) of section 33 of the said Act. Lastly the maximum period for which an order of extension shall remain in force was extended to thirteen years and six months by the Tamil Nadu Act 28 of 2024.

2. As some more time is required to nominate members to three of the market committees, namely, Tiruchirappalli, Cuddalore and Theni, there was a compelling necessity to extend the tenure of the Special Officers of the said three market committees for a further period of one year beyond the period of thirteen years and six months permissible under the proviso to sub-section (1) of section 33 of the said Act. 3. Accordingly, the Government have decided to amend the proviso to sub-section (1) of section 33 of the said Tamil Nadu Act 27 of 1989 to enhance the period specified therein to fourteen years and six months in order to extend the tenure of the Special Officers of the said three market committees for a further period of one year and validate the action of the Special Officers of the said three market committees beyond 29th November 2024.

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

M.R.K. PANNEERSELVAM, Minister for Agriculture-Farmers Welfare.

Secretariat,

Chennai-600 009,

K. SRINIVASAN, 9th December 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

Tamil Nadu on 9th December, 2024 is published together with Statement

of Objects and Reasons for general information:—

L.A Bill No. 39 of 2024

A BILL TO AMEND THE TAMIL NADU HOSTELS AND HOMES

FOR WOMEN AND CHILDREN (REGULATION) ACT, 2014.

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 Hostels and Homes for Short title and Women and Children (Regulation) Amendment Act, 2024.

commencement.

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

may, by notification, appoint.

Substitution of Tamil Nadu Act

2. For section 5 of the Tamil Nadu Hostels and Homes for Women

section 5.

18 of 2014.

and Children (Regulation) Act, 2014 (hereinafter referred to as the principal

Act), the following section shall be substituted, namely:—

"5. Grant of licence.— (1) Every person desiring to establish, maintain or conduct a hostel, lodging house or home for women and

children, shall make an application for licence in such electronic form

accompanied with such certificates, as may be prescribed, through

the online portal, as may be notified by the Government in the

Tamil Nadu Government Gazette.

(2) Every application under sub-section (1) shall be accompanied

by such fee not exceeding ten thousand rupees, as may be prescribed.

(3) Subject to the genuineness of certificates accompanied with

the application under sub-section (1), the licence shall be auto-generated

and granted online in such form and in such manner, as may be prescribed.

The licence shall be valid for a period of ten years from the date on which it

is granted, subject to such terms and conditions, as may be prescribed.

(4) Notwithstanding anything contained in sub-sections (1) to

(3), if any application for the grant or renewal of a licence or any request

for alteration of particulars specified in the licence, any review application

against cancellation of licence or appeal against refusal to grant or renewal

of a licence, or cancellation or suspension of a licence, as the case may

be, pending on the date of commencement of the Tamil Nadu Hostels and

Homes for Women and Children (Regulation) Amendment Act, 2024 shall

be disposed of, in accordance with the provisions of this Act, as in force

immediately before the commencement of the Tamil Nadu Hostels and

Homes for Women and Children (Regulation) Amendment Act, 2024:

Provided that such pending application, request, review or appeal, as

the case may be, may be withdrawn in such manner as may be prescribed

and a fresh application for licence or an application for alteration, as

the case may be, may be made through the online portal referred to in

sub-section (1).".

3. Section 6 of the principal Act shall be omitted. Omission of

section 6.

4. In section 7 of the principal Act, proviso to sub-section (1) shall be Amendment of omitted.

section 7.

Substitution of

5. For section 8 of the principal Act, the following section shall be

section 8.

substituted, namely:—

"8. Alteration of licence.— (1) Any licensee desiring to change the location of the hostel or lodging house or home for women and children,

or alter the purpose of any service, as specified in the licence granted under

sub-section (3) of section 5, shall make an application for fresh licence

under section 5.

(2) Any licensee who intends to change any other particulars

specified in the licence or increase the number of inmates to be admitted,

shall make an application for alteration of licence, in such electronic form

accompanied with such certificates, as may be prescribed, through the

online portal referred to in section 5 and it shall be accompanied by such

fee not exceeding two thousand rupees, as may be prescribed. Subject to

the genuineness of certificates accompanied, the licence with necessary

alterations shall be auto-generated and issued online in such manner.".

Amendment of

6. In section 10 of the principal Act, the expression "refusing to grant

section 10.

a licence or" shall be omitted.

Substitution of

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

section 11.

substituted, namely:—

"11. Surrender of licence.— The licensee may apply for the surrender of the licence granted under sub-section (3) of section 5, giving

six months notice in such electronic form, as may be prescribed, through

the online portal referred to in section 5, and on the expiration of the said

period, the licence shall, unless before that time the notice is withdrawn in

such form and in such manner, as may be prescribed, cease to have effect

and the hostel, lodging house or home for women and children shall cease

to function.".

Amendment of

8. In section 12 of the principal Act,—

section 12.

(1) for sub-section (3), the following sub-section shall be

substituted, namely:—

"(3) For the purpose of registration of a home for women and

children, the owner or manager of such home for women and children, shall

make an application for registration in such electronic form accompanied with

such certificates, as may be prescribed, through the online portal referred

to in section 5. Subject to the genuineness of certificates accompanied, a

certificate of registration shall be auto-generated and issued online in such

form and in such manner, as may be prescribed.".

(2) sub-section (4) shall be omitted.

STATEMENT OF OBJECTS AND REASONS.

During the Budget session for the year 2024-2025, the Hon'ble Minister for Social Welfare and Women Empowerment announced on the floor of the Legislative Assembly that the procedure for the registration and licensing of the working women hostels run by private persons will be simplified through Simple Governance initiative. The Empowered Committee constituted for the purpose of promoting Simple Governance, has recommended to amend the Tamil Nadu Hostels and Homes for Women and Children (Regulation) Act, 2014 (Tamil Nadu Act 18 of 2014) for simplifying and streamlining the procedure for grant of licence to the Hostels, Lodging Houses and Homes for Women and Children and orders to the said effect have been issued vide G.O.(Ms.) No.80, Social Welfare and Women Empowerment Department, dated 29.10.2024. In order to give effect to the said Government Order, it is considered necessary to amend the said Act.

2. Accordingly, the Government have decided to amend the said Tamil Nadu Act 18 of 2014 suitably for the said purpose.

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

P. GEETHA JEEVAN, Minister for Social Welfare and Women Empowerment.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clauses 1(2), 2, 5, 7 and 8 of the Bill authorises the Government to issue notifications or to make rules, as the case may be, for the purposes specified therein.

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

P. GEETHA JEEVAN, Minister for Social Welfare and Women Empowerment.

Secretariat,

Chennai-600 009,

K. SRINIVASAN, 9th December 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

Tamil Nadu on 9th December, 2024 is published together with Statement of

Objects and Reasons for general information:—

L.A Bill No. 40 of 2024

A Bill further to amend the Tamil Nadu Goods and

Services Tax Act, 2017.

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 Goods and

commencement.

Services Tax (Amendment) Act, 2024.

(2) It shall be deemed to have come into force on the 1st

day of November, 2024.

Tamil Nadu Act 19

Insertion of new 2. After section 128 of the Tamil Nadu Goods and Services Tax

of 2017.

section 128-A.

Act, 2017, the following section shall be inserted, namely:-

"128-A. Waiver of interest or penalty or both relating to demands raised under section 73, for certain tax periods.— (1) Notwithstanding anything to the contrary contained in this Act, where any amount of tax is payable by a person chargeable with tax in accordance with,––

(a) a notice issued under sub-section (1) of section 73 or a statement issued under sub-section (3) of section 73, and where no order under sub-section (9) of section 73 has been issued; or

(b) an order passed under sub-section (9) of section 73, and where no order under sub-section (11) of section 107 or sub-section (1) of section 108 has been passed; or

(c) an order passed under sub-section (11) of section 107 or sub-section (1) of section 108, and where no order under sub-section (1) of section 113 has been passed,

pertaining to the period from 1st July, 2017 to 31st March, 2020, or a part thereof, and the said person pays the full amount of tax payable as per the notice or statement or the order referred to in clause (a), clause (b) or clause (c), as the case may be, on or before the date, as may be notified by the Government on the recommendations of the Council, no interest under section 50 and penalty under this Act, shall be payable and all the proceedings in respect of the said notice or order or statement, as the case may be, shall be deemed to be concluded, subject to such conditions as may be prescribed:

Provided that where a notice has been issued under sub-section (1) of section 74, and an order is passed or required to be passed by the proper officer in pursuance of the direction of the Appellate Authority or Appellate Tribunal or a court in accordance with the provisions of sub-section (2) of section 75, the said notice or order shall be considered to be a notice or order, as the case may be, referred to in clause (a) or clause (b) of this sub-section:

Provided further that the conclusion of the proceedings under this sub-section, in cases where an application is filed under sub-section (3) of section 107 or under sub-section (3) of section 112 or an appeal is filed by an officer of State tax under sub-section (1) of section 117 or under sub-section (1) of section 118 or where any proceedings are initiated under sub-section (1) of section 108, against an order referred to in clause (b) or clause (c) or against the directions of the Appellate Authority or the Appellate Tribunal or the court referred to in the first proviso, shall be subject to the condition that the said person pays the additional amount of tax payable, if any, in accordance with the order of the Appellate Authority or the Appellate Tribunal or the court or the Revisional Authority, as the case may be, within three months from the date of the said order:

Provided also that where such interest and penalty has already

been paid, no refund of the same shall be available.

(2) Nothing contained in sub-section (1) shall be applicable in respect of any amount payable by the person on account of erroneous refund.

(3) Nothing contained in sub-section (1) shall be applicable in respect of cases where an appeal or writ petition filed by the said person is pending before Appellate Authority or Appellate Tribunal or a court, as the case may be, and has not been withdrawn by the said person on or before the date notified under sub-section (1).

(4) Notwithstanding anything contained in this Act, where any amount specified under sub-section (1) has been paid and the proceedings are deemed to be concluded under the said sub-section, no appeal under sub-section (1) of section 107 or sub-section (1) of section 112 shall lie against an order referred to in clause (b) or clause (c) of sub-section (1), as the case may be.".

STATEMENT OF OBJECTS AND REASONS.

The Tamil Nadu Goods and Services Tax Act, 2017 (Tamil Nadu Act 19 of 2017) provides for levy and collection of tax on intra-state supply of goods or services or both by the State Government. The Goods and Services Tax Council in its 54th meeting held on 09th September, 2024, among others, recommended for conditional waiver of interest and penalty in respect of demand notices issued under the Central Goods and Services Tax Act, 2017 (Central Act 12 of 2017) and State Goods and Services Tax Acts for the Financial Years 2017-2018, 2018-2019 and 2019-2020, except the demand notices in respect of erroneous refund and to implement the said recommendation with effect from the 1st November, 2024.

2. To give effect to the said recommendation, the Central Goods and Services Tax Act, 2017 has been amended – vide section 146 of Finance (No.2) Act, 2024 (Central Act 15 of 2024). To carry out corresponding amendment, the Government have decided to amend the Tamil Nadu Goods and Services Tax Act, 2017 (Tamil Nadu Act 19 of 2017) suitably.

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

P.MOORTHY,

Minister for Commercial Taxes and Registration.

MEMORANDUM REGARDING DELEGATED LEGISLATION.

Clauses 1(2) and 2 of the Bill authorise the Government to issue notifications or to make rules, as the case may be, for the purpose specified therein.

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

P. MOORTHY,

Minister for Commercial Taxes and Registration.

Secretariat,

Chennai-600 009,

K. SRINIVASAN, 9th December 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 Tamil Nadu on

9th December, 2024 is published together with Statement of Objects and

Reasons for general information:—

L.A Bill No. 41of 2024

A Bill further to amend the Tamil Nadu

Goods and Services Tax Act, 2017.

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 Goods and Services

commencement.

Tax (Second Amendment) Act, 2024.

(2) Sections 2 and 3 shall come into force on the 1st day of April 2025 and section 4 shall be deemed to have come into force on the 1st day of October 2024.

Tamil Nadu Act 19

Amendment of of 2017.

section 2.

2. In section 2 of the Tamil Nadu Goods and Services Tax Act, 2017 (hereinafter referred to as the principal Act), for clause (61), the following clause shall be substituted, namely:—

"(61) "Input Service Distributor" means an office of the supplier of goods or services or both which receives tax invoices towards the receipt of input services, including invoices in respect of services liable to tax under sub-section (3) or sub-section (4) of section 9, for or on behalf of distinct persons referred to in section 25, and liable to distribute the input tax credit in respect of such invoices in the manner provided in section 20;".

3. For section 20 of the principal Act, the following section shall Substitution of section 20.

be substituted, namely:—

"20. Manner of distribution of credit by Input Service Distributor.—(1) Any office of the supplier of goods or services or both which receives tax invoices towards the receipt of input services, including invoices in respect of services liable to tax under sub-section (3) or sub-section (4) of section 9, for or on behalf of distinct persons referred to in section 25, shall be required to be registered as Input Service Distributor under clause (viii) of section 24 and shall distribute the input tax credit in respect of such invoices.

(2) The Input Service Distributor shall distribute the credit of State tax or integrated tax charged on invoices received by him, including the credit of State tax or integrated tax in respect of services subject to levy of tax under sub-section (3) or sub-section (4) of section 9 paid by a distinct person registered in the same State as the said Input Service Distributor, in such manner, within such time and subject to such restrictions and conditions as may be prescribed.

(3) The credit of State tax shall be distributed as State tax or integrated tax and integrated tax as integrated tax or State tax, by way of issue of a document containing the amount of input tax credit, in such manner as may be prescribed.".

4. After section 122 of the principal Act, the following section Insertion of new section 122A.

shall be inserted, namely:—

"122A. Penalty for failure to register certain machines used in manufacture of goods as per special procedure.—(1) Notwithstanding anything contained in this Act, where any person, who is engaged in the manufacture of goods in respect of which any special procedure relating to registration of machines has been notified under section 148, acts in contravention of the said special procedure, he shall, in addition to any penalty that is paid or is payable by him under Chapter XV or any other provisions of this Chapter, be liable to pay a penalty equal to an amount of one lakh rupees for every machine not so registered.

(2) In addition to the penalty under sub-section (1), every machine not so registered shall be liable for seizure and confiscation:

Provided that such machine shall not be confiscated where,—

(a) the penalty so imposed is paid; and

(b) the registration of such machine is made in accordance with the special procedure within three days of the receipt of communication of the order of penalty.".

STATEMENT OF OBJECTION AND REASONS

The Tamil Nadu Goods and Services Tax Act, 2017 (Tamil Nadu Act 19 of 2017) provides for levy and collection of tax on intra-State supply of goods or services or both by the State Government. The Goods and Services Tax Council in its 50th and 52nd meetings, among others, recommended amendments to the Central Goods and Services Tax Act, 2017 (Central Act 12 of 2017) and to give effect to the said recommendations, the Central Goods and Services Tax Act, 2017 has been amended vide sections 11 to 13 of the Finance Act, 2024 (Central Act 8 of 2024). In tune with the said amendments, the Tamil Nadu Goods and Services Tax Act, 2017 (Tamil Nadu Act 19 of 2017) has to be amended suitably. Accordingly, the Government have decided to amend the said Tamil Nadu Act 19 of 2017.

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

P. MOORTHY,

Minister for Commercial Taxes and Registration.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 3 of the Bill authorize the Government to make rules, for the purposes specified therein.

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

P. MOORTHY,

Minister for Commercial Taxes and Registration.

Secretariat,

Chennai-600 009,

K. SRINIVASAN, 9th December 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

Tamil Nadu on 9th December, 2024 is published together with Statement

of Objects and Reasons for general information:—

L.A Bill No. 42 of 2024

A Bill further to amend the Chennai University Act, 1923.

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 Chennai University

commence- (Amendment) Act, 2024.

ment.

(2) It shall come into force at once.

Tamil Nadu Act VII

Amendment of of 1923.

section 5.

2. In section 5 of the Chennai University Act, 1923 (hereinafter referred to as the principal Act), in sub-section (1), for clause (a), the following clause shall be substituted, namely:—

"(a) of unsound mind;".

Amendment of 3. In section 40 of the principal Act, in sub-section (2), the

section 40.

expression "or deaf-mute or suffers from leprosy" shall be omitted.

STATEMENT OF OBJECTS AND REASONS.

The Ministry of Health and Family Welfare and the Ministry of Social Justice and Empowerment, Government of India and the Leprosy mission Trust of India, New Delhi have requested to eliminate the discrimination against the persons affected by leprosy by suitably amending the State Laws. Further, as per the provisions of the Rights of Persons with Disabilities Act, 2016 (Central Act 49 of 2016), it is the mandate of the Government to ensure removing of all sorts of discrimination against persons with disabilities and provide them with equal opportunity in all walks of life in the society. Hence, the Government have decided to amend sections 5 and 40 of the Chennai University Act, 1923 (Tamil Nadu Act VII of 1923) so as to eliminate the discrimination against any person who is deaf-mute or suffering from leprosy.

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

Dr. GOVI. CHEZHIAAN, Minister for Higher Education.

Secretariat,

Chennai-600 009,

K. SRINIVASAN, 9th December 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

Tamil Nadu on 9th December, 2024 is published together with Statement of

Objects and Reasons for general information:—

L.A Bill No. 43 of 2024

A Bill to Amend the Tamil Nadu Private Universities Act, 2019.

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 Private Universities

commencement.

(Amendment) Act, 2024.

(2)(a) All sections except section 5 shall come into force at once.

(b) Section 5 shall be deemed to have come into force, —

(i) with effect from the 20th day of January 2021, insofar as it

relates to entries against Serial Number 1 of the Schedule;

(ii) with effect from the 25th day of February 2021, insofar as it

relates to entries against Serial Number 2 of the Schedule;

(iii) with effect from the 26th day of February 2021,insofar as it

relates to entries against Serial Numbers 3, 4 and 5 of the Schedule;

(iv) with effect from the 27th day of May 2022, insofar as it relates

to entries against Serial Number 6 of the Schedule;

(v) with effect from the 26th day of July 2022, insofar as it relates

to entries against Serial Number 7 of the Schedule; and

(vi) with effect from the 15th day of March 2024, insofar as it

relates to entries against Serial Number 8 of the Schedule.

Tamil Nadu Act 14

Amendment of 2. In section 2 of the Tamil Nadu Private Universities Act, 2019

of 2019.

section 2.

(hereinafter referred to as the principal Act),—

(1) clause (r) shall be omitted;

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

namely:—

"(tt) "NMC" means the National Medical Commission constituted under the National Medical Commission Act, 2019 (Central Act 30 of 2019);";

(3) for clause (w), the following clause shall be substituted,

namely:—

"(w) "Private University" means a University established under

section 9;";

(4) in clause (y), for the expression "MCI", the expression "NMC"

shall be substituted.

Amendment of

3. In section 3 of the principal Act, for sub-section (1), the following

section 3.

sub-section shall be substituted, namely:—

"(1) The Government may permit the establishment of a Private University by any sponsoring body by way of an Act of State Legislature.".

Substitution of

4. For section 9 of the principal Act, the following section shall be

section 9.

substituted, namely: —

"9. Inclusion of Private University in the Schedule.—Upon satisfaction of the Government that the sponsoring body has fulfilled the conditions of Letter of Intent, the name of the Private University along with the details of its location and its sponsoring body shall be included in the Schedule by way of an Act of the State Legislature.".

Substitution of

5. For the Schedule to the principal Act, the following Schedule

Schedule.

shall be substituted, namely:—

"The Schedule.

(See section 9)

Validation. 6. Notwithstanding anything contained in any judgment,

decree or order of any Court or other authority, all acts,

proceedings or things done or taken in pursuance of Notification

No.II(2)/HE/53(a)/2021, published in Part II-Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 20th day of January 2021, Notification No.II(2)/HE/132(c)/2021, published in Part

II-Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 25th day of February 2021, Notification No.II(2)/HE/132(i) /2021, published in Part II-Section 2 of

the Tamil Nadu Government Gazette Extraordinary, dated the 26th day of February 2021, Notification No.II(2)/HE/132(j)/2021, published in Part II-Section 2 of the

Tamil Nadu Government Gazette Extraordinary, dated the 26th day of February 2021, Notification No.II(2)/HE/132(k)/2021, published in Part II-Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 26th day of February 2021, Notification No.II(2)/HE/411(f)/2022, published in Part II-Section 2 of

the Tamil Nadu Government Gazette Extraordinary, dated the 27th May 2022, Notification No.II(2)/HE/609(c)/2022, published in Part II-Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 26th day of July 2022 and Notification No.II(2)/HE/185(d)/2024, published in Part II-Section 2 of the

Tamil Nadu Government Gazette Extraordinary, dated the 15th day of March 2024, from the date of publication of the above said notifications till the date of the publication of this Act in the Tamil Nadu

Government Gazette, shall, for all purposes, be deemed to be, and

to have always been, validly done or taken in accordance with law

as if the Schedule as so substituted by section 5 had been in force

at all material times when such acts or proceedings were done or

taken.

STATEMENT OF OBJECTS AND REASONS.

The Tamil Nadu Private Universities Act, 2019 (Tamil Nadu Act 14 of 2019) enables the Government to permit the establishment of a Private University by any sponsoring body, by inclusion of the name of the University, its location and the details of the sponsoring body in the Schedule to the said Act. Section 9 of the said Act provides for amending the Schedule by the Government to include a private university, after satisfying that the sponsoring body has fulfilled the conditions of Letter of Intent. Accordingly, so far eight private universities have been included in the Schedule by amending it, by way of notifications.

2. The University Grants Commission has stated that as per section 2(f) of the University Grants Commission Act, 1956 (Central Act III of 1956), a university can either be established by the Act of the Parliament or by the Act of the State Legislature. It has also stated that the amendment to Schedule should be made by an Act of the State Legislature and not by issue of notification by the State Government. The University Grants Commission has, therefore, requested to get the aforesaid private universities to be established by including their names in the Schedule through an Act of the State Legislature.

3. In view of the above, it has been decided to amend the Tamil Nadu Private Universities Act, 2019 (Tamil Nadu Act 14 of 2019) suitably for inclusion of the said eight private universities in the Schedule to that Act and to suitably amend certain other provisions of the said Act in tune with the suggestions of the University Grants Commission.

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

Dr. GOVI. CHEZHIAAN, Minister for Higher Education Secretariat,

Chennai-600 009,

K. SRINIVASAN, 9th December 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

Tamil Nadu on 9th December, 2024 is published together with Statement of

Objects and Reasons for general information:—

L.A Bill No. 44 of 2024

A Bill further to amend the Tamil Nadu Catering

Establishments Act, 1958.

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 Catering

commencement.

Establishments (Amendment) Act, 2024.

(2) It shall come into force at once.

Amendment of Tamil Nadu Act

section 23.

XIII of 1958.

2. In section 23 of the Tamil Nadu Catering Establishments Act, 1958, for sub-section (1), the following sub-section shall be substituted, namely:—

"(1) (a) Any employer who contravenes any of the provisions of sections 3-A, 4, 5, 6, 11-A and 14-A shall, on conviction, be punishable, for the first offence, with fine which may extend to five thousand rupees and for the second or subsequent offence, with fine which may extend to ten thousand rupees;

(b) Any employer who contravenes any of the provisions of sections 7, 9, 10, 11 and 12 or fails to pay wages or compensation in accordance with any order of the appellate authority, passed under clause (b) of sub-section (2) of section 19 shall, on conviction, be punishable, for the first offence, with fine which may extend to five thousand rupees and for the second or subsequent offence, with fine which may extend to ten thousand rupees or with imprisonment which may extend to three months, or with both.".

STATEMENT OF OBJECTS AND REASONS

The Government of India have decriminalised minor offences under various laws enacted by the Parliament as a part of its effort to improve ease of doing business in the country and they have requested the State Governments to examine decriminalisation of minor offences under the State laws. The Tamil Nadu Catering Establishments Act, 1958 (Tamil Nadu Act XIII of 1958) provides for the regulation of conditions of work of the employees employed in catering establishments and sub-section (1) of section 23 of the said Act provides penalties for the offences specified therein.

2. The Government have, therefore, decided to remove the punishment of imprisonment and to provide for punishment of fine alone for contravention of minor offences specified in sections 3-A,4,5,6,11-A and 14-A of the said Act so as to facilitate the ease of doing of catering business by the employers of the catering establishments. Accordingly, the Government have decided to amend sub-section (1) of section 23 of the said Act suitably.

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

C. V. GANESAN, Minister for Labour Welfare

and Skill Development.

Secretariat,

Chennai-600 009,

K. SRINIVASAN, 9th December 2024.

Principal Secretary.

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