LEGISLATIVE ASSEMBLY SECRETARIAT--Bills (English)

© GOVERNMENT OF TAMIL NADU 2025

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

[R. Dis. No. 197/2009.

[Price: Rs. 8.80 Paise.

No. 21] CHENNAI, FRIDAY, JANUARY 10, 2025 Margazhi 26, Kurothi, Thiruvalluvar Aandu-2055

Part IV—Section 1

Tamil Nadu Bills

CONTENTS

Pages.

BILLS:

No. 2 of 2025—The Criminal Laws (Tamil Nadu Amendment) Act, 2025. 4-14 No. 3 of 2025—The Tamil Nadu Prohibition of Harassment of Woman

15-20 (Amendment) Act, 2025.

No. 4 of 2025—The Tamil Nadu Panchayats (Amendment) Bill, 2025. 21-23 DTP—Ex-IV-1 (21)

[3]4 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

10th January, 2025 is published together with Statement of Objects and Reasons

for general information:—

L.A Bill No. 2 of 2025

A Bill to amend the Bharatiya Nyaya Sanhita, 2023 and the

Bharatiya Nagarik Suraksha Sanhita, 2023 in its application to

the State of Tamil Nadu.

Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Seventy-fifth Year of the Republic of India as follows:—

1. (1) This Act may be called the Criminal Laws

(Tamil Nadu Amendment) Act, 2025.

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

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

Government may, by notification, appoint.

PART – I.

Amendments to the Bharatiya Nyaya Sanhita, 2023.

Amendment of

Central Act 45 of 2. In section 64 of the Bharatiya Nyaya Sanhita, 2023

section 64.

2023. (hereinafter referred to as the Central Act 45 of 2023),—

(1) in sub-section (1), for the expression "shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine", the expression "shall be punished with rigorous imprisonment for a term which shall not be less than fourteen years, but which may extend to rigorous imprisonment for life, which shall mean rigorous imprisonment for the remainder of that person's natural life, and shall also be liable to fine" shall be substituted;

(2) in sub-section (2), for the expression "shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine", the expression "shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to rigorous imprisonment for life, which shall mean rigorous imprisonment for the remainder of that person's natural life, and shall also be liable to fine" shall be substituted.

Amendment of 3. In section 65 of the Central Act 45 of 2023,—

section 65.

(1) in sub-section (1), for the expression,"shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine", the expression "shall be punished with rigorous imprisonment for a term which shall not be less than twenty years but which may extend to rigorous imprisonment for life, which shall mean rigorous imprisonment for the remainder of that person's natural life, and shall also be liable to fine" shall be substituted;

(2) in sub-section (2), for the expression, "shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and with fine or with death", the expression "shall be punished with rigorous imprisonment for life, which shall mean rigorous imprisonment for the remainder of that person's natural life, and with fine or with death" shall be substituted.

Amendment of

section 66.

4. In section 66 of the Central Act 45 of 2023, for the expression "shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, or with death", the expression "shall be punished with rigorous imprisonment for life, which shall mean rigorous imprisonment for the remainder of that person's natural life, and with fine or with death" shall be substituted.

Amendment of 5. In section 70 of the Central Act 45 of 2023,—

section 70.

(1) in sub-section (1), for the expression "shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person's natural life, and with fine", the expression "shall be punished with rigorous imprisonment for life, which shall mean rigorous imprisonment for the remainder of that person's natural life, and with fine" shall be substituted;

(2) in sub-section (2), for the expression "shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and with fine, or with death", the expression "shall be punished with rigorous imprisonment for life, which shall mean rigorous imprisonment for the remainder of that person's natural life, and with fine or with death" shall be substituted.

Amendment of

section 71.

6. In section 71 of the Central Act 45 of 2023, for the expression, "shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person's natural life, or with death", the expression "shall be punished with death or rigorous imprisonment for life, which shall mean rigorous imprisonment for the remainder of that person's natural life and with fine" shall be substituted.

Amendment of

section 72.

7. In section 72 of the Central Act 45 of 2023, in sub-section (1), for the expression "shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine", the expression "shall be punished with imprisonment of either description for a term which shall not be less than three years, but which may extend to five years and shall also be liable to fine" shall be substituted.

Amendment of

section 74.

8. In section 74 of the Central Act 45 of 2023, for the expression "shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine", the expression "shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to five years, and shall also be liable to fine" shall be substituted.

Amendment of

section 75.

9. In section 75 of the Central Act 45 of 2023, in sub-section (2), for the expression "shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both", the expression "shall be punished with rigorous imprisonment for a term which may extend to five years and with fine" shall be substituted.

Amendment of

section 76.

10. In section 76 of the Central Act 45 of 2023, for the expression "shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine", the expression "shall be punished with imprisonment for a term which shall not be less than five years, but which may extend to imprisonment for ten years, and shall also be liable to fine" shall be substituted.

Amendment of

section 77.

11. In section 77 of the Central Act 45 of 2023, for the expression "shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine", the expression "shall be punished on first conviction with imprisonment of either description for a term which shall not be less than two years, but which may extend to five years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than five years, but which may extend to ten years, and shall also be liable to fine" shall be substituted.

Amendment of

section 78.

12. In section 78 of the Central Act 45 of 2023, in sub-section (2), for the expression "shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine", the expression "shall be punished on first conviction with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine" shall be substituted.

Amendment of 13. In section 124 of the Central Act 45 of 2023,—

section 124.

(1) in sub-section (1), for the expression "shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine", the expression "shall be punished with rigorous imprisonment for life which shall mean rigorous imprisonment for the remainder of that person's natural life, and with fine or with death" shall be substituted;

(2) in sub-section (2), for the expression "shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine", the expression "shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine" shall be substituted.

PART – II.

Amendments to the Bharatiya Nagarik Suraksha

Sanhita, 2023.

14. After section 128 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the Central Act 46 of 2023), the following section shall be inserted, namely:—

Insertion of section

128-A.

"128-A. Protection Order.— (1) The Executive Magistrate, may, on an application from the aggrieved person or otherwise, after obtaining report of the Investigation Officer concerned and after giving the accused an opportunity of being heard and on being prima facie satisfied that an offence punishable under section 64, section 65, section 66, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023), or sections 4, 6, 8, 10 or section 14 of the Protection of Children from Sexual Offences Act, 2012 (Central Act 32 of 2012) has been committed, pass a Protection Order prohibiting the accused from attempting to communicate with the aggrieved person in any form, whatsoever, including personal or oral or written or electronic or telephonic contact or through third parties.

(2) A breach of Protection Order by the accused shall be an offence under this Act and shall be punishable with imprisonment of either description for a term which may extend to three years and with fine which may extend to one lakh rupees.".

Amendment of

section 346.

15. In section 346 of the Central Act 46 of 2023, in the proviso to sub-section (1), after the expression "Bharatiya Nyaya Sanhita, 2023", the expression "or under sections 4, 6, 8, 10 or section 14 of the Protection of Children from Sexual Offences Act, 2012 (Central Act 32 of 2012)," shall be inserted.

Amendment of

section 415.

16. In section 415 of the Central Act 46 of 2023, in sub- section (4), after the expression "Bharatiya Nyaya Sanhita, 2023", the expression "or under sections 4, 6, 8, 10 or section 14 of the Protection of Children from Sexual Offences Act, 2012 (Central Act 32 of 2012)" shall be inserted.

Amendment of

17. In section 430 of the Central Act 46 of 2023, after sub-

section 430. section (4), the following sub-section shall be added, namely:—

"(5) Notwithstanding anything contained in this section, pending any appeal by a person convicted under section 64, section 65, section 66, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023) or under sections 4, 6, 8, 10 or section 14 of the Protection of Children from Sexual Offences Act, 2012 (Central Act 32 of 2012), the Appellate Court shall not order the suspension of execution of sentence other than the death sentence and of the order appealed against and shall not release the convicted person before the expiry of six months from the date of filing of appeal as provided for under sub-section (4) of section 415.".

Amendment of

section 480.

18. In section 480 of the Central Act 46 of 2023, in sub- section (1), after the fourth proviso, the following proviso shall be added, namely:—

"Provided also that no person shall, if the offence alleged to have been committed by him is punishable under section 64, section 65, section 66, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023) or under sections 4, 6, 8, 10 or section 14 of the Protection of Children from Sexual Offences Act, 2012 (Central Act 32 of 2012), be released on bail by the Court under this sub-section in cases where the Public Prosecutor opposes his release on bail unless 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.".

Amendment of

section 482.

19. In section 482 of the Central Act 46 of 2023, in sub-section (4), for the expression "section 65 and sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023", the expression "section 64, section 65, section 66, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023) or under sections 4, 6, 8, 10 or section 14 of the Protection of Children from Sexual Offences Act, 2012 (Central Act 32 of 2012)" shall be substituted.

Amendment of

20. In section 483 of the Central Act 46 of 2023,—

section 483.

(1) in sub-section (1),—

Central Act 46 of

2023. (a) in the second proviso, for the expression "section 65 or sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023", the expression "section 64, section 65, section 66, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023) or under sections 4, 6, 8, 10 or section 14 of the Protection of Children from Sexual Offences Act, 2012 (Central Act 32 of 2012)" shall be substituted;

(b) after the second proviso, the following proviso shall

be added, namely:—

"Provided also that no person accused of an offence punishable under section 64, section 65, section 66, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023) or under sections 4, 6, 8, 10 or section 14 of the Protection of Children from Sexual Offences Act, 2012 (Central Act 32 of 2012), be released on bail by the High Court or the Court of Session under this sub-section in cases where the Public Prosecutor opposes his release on bail unless the High Court or the Court of Session 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.".

(2) in sub-section (2), for the expression "section 65 or sub- section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023", the expression "section 64, section 65, section 66, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023) or under sections 4, 6, 8, 10 or section 14 of the Protection of Children from Sexual Offences Act, 2012 (Central Act 32 of 2012)" shall be substituted.

Amendment of

First Schedule.

21. In THE FIRST SCHEDULE to the Central Act 46 of 2023, under the heading "I.— OFFENCES UNDER THE BHARATIYA NYAYA SANHITA", for the entries relating to sections 64(1), 64(2), 65(1), 65(2), 66, 70(1), 70(2), 71, 72(1), 74, 75(2), 76, 77, 78(2), 124(1) and 124(2), the following entries shall respectively be substituted, namely:—

STATEMENT OF OBJECTS AND REASONS

The Government is fully committed to the protection, welfare and well being of women and children and therefore they have been accorded the highest priority by this State.

2. 41 percent of all working women in factories in India are employed in this State. Further, the State has a high female enrolment in both school and higher education. Pursuant to the State's unwavering commitment to ensure safety of its citizens, particularly women and children, and to ensure that heinous acts of rape and sexual offences against women and children are met with the full force of the law, it has become necessary to provide deterrent punishment for the perpetrators of atrocities against the women and children. Hence, the State Government firmly believes that enhancing the quantum of punishments for the offences committed against women and children in Bharatiya Nyaya Sanhita, 2023 and also amending certain provisions relating to bail in the Bharatiya Nagarik Suraksha Sanhita, 2023 by prescribing more stringent provisions for such offences will certainly deter such deplorable acts and ensure that the perpetrators face exemplary and severe consequences for their crimes.

3. To give effect to the above, the Government have decided to amend the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (Central Act 46 of 2023) suitably for the purpose.

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

M.K. STALIN, Chief Minister.

MEMORANDUM REGARDING DELEGATED LEGISLATION.

Clause 1(3) of the Bill authorises the Government to issue notification for the purpose specified therein.

2. The power delegated is normal and not of an exceptional character.

M.K. STALIN, Chief Minister.

Secretariat,

Chennai-600 009,

K. SRINIVASAN, 10th January 2025.

Principal Secretary.

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 Tamil Nadu on

10th January, 2025 is published together with Statement of Objects and Reasons

for general information:—

L.A Bill No. 3 of 2025

A Bill further to amend the Tamil Nadu Prohibition of

Harassment of Woman Act, 1998.

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 of

commencement.

Harassment of Woman (Amendment) Act, 2025.

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

may, by notification, appoint.

Tamil Nadu Act 44

Amendment of 2. In section 2 of the Tamil Nadu Prohibition of Harassment

of 1998.

section 2.

of Woman Act, 1998 (hereinafter referred to as the principal Act), —

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

namely: —

"(a) "harassment" means any indecent conduct, act or behaviour by a man, whether physical, verbal, non-verbal, digital, electronic or any other means, which causes or is likely to cause intimidation, fear, shame or embarrassment including threat or abusing or causing hurt or nuisance or assault or use of force.";

(2) in clause (c), for the expression "Indian Penal Code, 1860 (Central Act XLV of 1860)", the expression "Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (Central Act 46 of 2023)" shall be substituted.

Amendment of

section 4.

3. In section 4 of the principal Act, for the expression "shall be punished with imprisonment for a term which may extend to three years and with fine which shall not be less than ten thousand rupees", the expression "shall be punished on first conviction with imprisonment for a term which may extend to five years and with fine which shall not be less than one lakh rupees and be punished on a second or subsequent conviction, with imprisonment for a term which shall not be less than five years but which may extend to ten years and with fine which shall not be less than ten lakh rupees" shall be substituted.

Amendment of

4. In section 4-A of the principal Act,—

section 4-A.

(1) in sub-section (1), for the expression "section 294, 354 or 509 of the Indian Penal Code (Central Act XLV of 1860)", the expression "section 74, 75, 76, 77, 78, 79 or section 296 of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023)" shall be substituted;

(2) in sub-section (2),—

(a) in clause (i), for the expression "shall be punished with imprisonment of either description for a term which may extend to imprisonment for life and with fine which shall not be less than fifty thousand rupees", the expression "shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person's natural life and shall also be liable for fine which shall not be less than two lakh rupees or with death" shall be substituted;

(b) in clause (ii), for the expression "shall be punished with imprisonment of either description for a term which may extend to ten years and with fine which shall not be less than fifty thousand rupees", the expression "shall be punished with imprisonment of either description for a term which may extend to fifteen years and with fine which shall not be less than two lakh rupees" shall be substituted;

(c) in clause (iii), for the expression "shall be punished with imprisonment of either description for a term which may extend to ten years and with fine which shall not be less than twenty-five thousand rupees", the expression "shall be punished with imprisonment of either description for a term which may extend to fifteen years and with fine which shall not be less than one lakh rupees" shall be substituted.

Amendment of

5. In section 4-B of the principal Act,—

section 4-B.

(1) in sub-section (1), for the expression "section 294, 354 or 509 of the Indian Penal Code (Central Act XLV of 1860)" the expression "section 74, 75, 76, 77, 78, 79 or section 296 of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023)" shall be substituted;

(2) in sub-section (2), for the expression "shall be punished with imprisonment of either description for a term which may extend to ten years and with fine which shall not be less than fifty thousand rupees", the expression "shall be punished with imprisonment of either description for a term which may extend to fifteen years and with fine which shall not be less than two lakh rupees" shall be substituted.

Amendment of

section 4-C.

6. In section 4-C of the principal Act, for the expression "section 294, 354 or 509 of the Indian Penal Code (Central Act XLV of 1860)", the expression "section 74, 75, 76, 77, 78, 79 or section 296 of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023)" shall be substituted.

Amendment of 7. In section 5 of the principal Act,—

section 5.

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

substituted, namely:—

"(1) Any person who is in-charge of educational institution, hostel, temple or other places of worship, cinema theatre, hotel, restaurant, hospital, any home or hostel for care and protection of women and children by whatever name called, mall or any other precinct shall,—

(a) take steps including installation of Closed-Circuit Television Cameras, lights and such other measures as may be prescribed to prevent harassment of woman within the precinct;

(b) on a complaint made by an aggrieved person, give information to the police about the harassment of woman within twenty-four hours of the occurrence of the incident.";

(2) in sub-section (2), for the expression "two thousand

rupees", the expression "fifty thousand rupees" shall be substituted.

Amendment of

section 6.

8. In section 6 of the principal Act, in sub-section (2), for the expression "one thousand rupees", the expression "twenty-five thousand rupees" shall be substituted.

Amendment of

section 7.

9. In section 7 of the principal Act, in sub-section (1), for the expression "five thousand rupees", the expression "seventy-five thousand rupees" shall be substituted.

Insertion of 10. After section 7-A of the principal Act, the following sections

sections 7-B and shall be inserted, namely:—

7-C "7-B. Offences to be cognizable and non-bailable.— The offences punishable under sections 4, 4-A, 4-B and 7-C of this Act shall be cognizable and non-bailable.

7-C. Protection Order.—(1)The Executive Magistrate, may, on an application made by the aggrieved person or otherwise, after obtaining the report of the Investigation Officer concerned and after giving the accused an opportunity of being heard and on being prima facie satisfied that an offence punishable under section 4 of this Act or an offence punishable under section 74, 75, 76, 77, 78, 79 or section 296 of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023), has been committed, pass a Protection Order prohibiting the accused from attempting to communicate with the aggrieved person in any form, whatsoever, including personal or oral or written or electronic or telephonic contact or through third parties.

(2) A breach of Protection Order by the accused shall be an offence under this Act and shall be punishable with imprisonment of either description for a term which may extend to three years and with fine which may extend to one lakh rupees.".

STATEMENT OF OBJECTS AND REASONS

The Government of Tamil Nadu have created a safe environment for women in the State and it has led to empowerment of women. About 41 percent of women working in factories across India are employed in this State. Further, the State has a high female enrolment in both Schools and Colleges.

2. In order to prevent eve-teasing in public places, the Tamil Nadu Prohibition of Eve-teasing Act, 1998 (Tamil Nadu Act 44 of 1998) was enacted and later it was renamed as the Tamil Nadu Prohibition of Harassment of Woman Act, 1998. More than two decades have passed since the enactment of the said Act. Nowadays, harassment of woman through digital and electronic means is rampant. Hence, there is an urgent need to amend the said Act in order to bring different types of harassments inflicted to women including those through digital and electronic means also within the ambit of the said Act. There is also an urgent need to enhance the punishments for harassment of woman so that such deplorable acts will be curtailed and the perpetrators will face severe punishment for their crimes.

3. Therefore, to reinforce the security of the woman, it is proposed to enlarge the scope of the said Principal Act and to prescribe stringent penalties against the offenders who harass woman. Accordingly, the Government have decided to amend the said Tamil Nadu Act 44 of 1998 suitably for the aforesaid purpose.

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

M.K. STALIN, Chief Minister.

MEMORANDUM REGARDING DELEGATED LEGISLATION.

Clauses 1 (2) and 7 of the Bill authorise the Government to issue notification and rules for the purpose specified therein.

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

M.K. STALIN, Chief Minister.

Secretariat,

Chennai-600 009,

K. SRINIVASAN, 10th January 2025.

Principal Secretary.

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

10th January, 2025 is published together with Statement of Objects and Reasons

for general information:—

L.A Bill No. 4 of 2025

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: —

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

Short title and (Amendment) Act, 2025.

commencement.

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

6th day of January 2025.

Tamil Nadu Act 21

Substitution of of 1994.

section 261-A.

2. For section 261-A of the Tamil Nadu Panchayats Act, 1994 (hereinafter referred to as the principal Act), the following section shall be substituted, namely: —

"261-A. Appointment of Special Officers.— Notwithstanding anything contained in this Act, or in any other law for the time being in force, the Government may, by notification, appoint Special Officers to exercise the powers and discharge the functions of the village panchayats, the panchayat union councils or the district panchayats, as the case may be, until the day on which the first meeting of the said village panchayats, panchayat union councils or the district panchayats, as the case may be, is held after ordinary elections to the panchayats other than the panchayats in the districts of Kancheepuram, Chengalpattu, Villupuram, Kallakurichi, Vellore, Ranipet, Tirupathur, Tirunelveli and Tenkasi, after the date of commencement of the Tamil Nadu Panchayats (Amendment) Act, 2025, or upto the 5th day of July 2025, whichever is earlier.".

Validation. 3. Notwithstanding anything contained in the principal Act, the Special Officers appointed by the Government to exercise the powers and discharge the functions of the village panchayats, panchayat union councils or the district panchayats other than the panchayats in the districts of Kancheepuram, Chengalpattu, Villupuram, Kallakurichi, Vellore, Ranipet, Tirupathur, Tirunelveli and Tenkasi with effect on and from the 6th day of January 2025, shall be deemed to have been appointed as such Special Officers under section 261-A 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 and from the 6th day of January 2025 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.

Certain municipal councils have been constituted as municipal corporations by including certain adjoining village panchayats under clause (c) of sub-section (1) of section 3 of the Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999), with effect on and from the 12th August 2024. Consequent on the said inclusion of village panchayats in the municipal corporations, there is a decrease in the total number of village panchayats in the respective panchayat union councils and district panchayats. Consequently, the process of delimitation and reservation of wards of panchayats to Scheduled Castes / Scheduled Tribes / Women have to be done afresh. The above process should precede ordinary elections to those panchayats. Apart from this, proposals for expansion of many municipal corporations, municipal councils and town panchayats by including certain adjoining village panchayats in 28 districts are also under active consideration of the Government. Completion of the aforesaid reorganisation process, delimitation of wards and reservation of wards of panchayats will require more time.

2. The Hon'ble High Court of Madras in its order dated 21.12.2024 in W.P.No.39526 of 2024 and W.M.P.No.42808 of 2024 has disposed the said Writ Petition after recording the submission of the Additional Advocate General that without completion of delimitation and the process required for announcing reservations, the election for panchayats will not be notified.

3. In the meantime, the tenure of elected representatives of panchayats in 28 districts other than the panchayats in the districts of Kancheepuram, Chengalpattu, Villupuram, Kallakurichi, Vellore, Ranipet, Tirupathur, Tirunelveli and Tenkasi expired on the 5th January 2025. Ordinary election to the said panchayats in 28 districts could not be conducted before the 5th January 2025 since the process of delimitation/reservation of wards has not been completed.

4. The Government have, therefore, decided to amend the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) so as to enable the Government to appoint Special Officers for the panchayats in the said 28 districts to administer the aforesaid panchayats till ordinary elections to the said panchayats are held or till the 5th July 2025, whichever is earlier. However, in the meantime, in order to administer the day to day affairs of the panchayats in the said 28 districts from the 6th January 2025, the Government have appointed Special Officers to those panchayats. The Government have, therefore, decided to validate the aforesaid appointment of the said Special Officers and all actions taken by them.

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

I. PERIYASAMY,

Minister for Rural Development.

MEMORANDUM REGARDING DELEGATED LEGISLATION.

Clause 2 of the Bill authorises the Government to issue notification for the purpose specified therein.

2. The power delegated is normal and not of an exceptional character.

I. PERIYASAMY,

Minister for Rural Development.

Secretariat,

Chennai-600 009,

K. SRINIVASAN, 10th January 2025.

Principal Secretary.

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