TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

©

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

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2025

[Price: Rs. 8.80 Paise.

DTP—Ex-IV-1 (21)

Part IV—Section 1

Tamil Nadu Bills

[3]

No. 21]

CHENNAI, FRIDAY, JANUARY 10,  2025

Margazhi 26, Kurothi, Thiruvalluvar Aandu-2055

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

(Amendment) Act, 2025.

15-20

No. 4 of 2025—The Tamil Nadu Panchayats (Amendment) Bill, 2025.

21-23

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

section 64.

2.

In section 64 of the Bharatiya Nyaya Sanhita, 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.

Central Act 45 of

2023.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 5

3.

In section 65 of the Central Act 45 of 2023,—

(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 65.

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

section 66.

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

(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;

Amendment of

section 70.

(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.

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 71.

6

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 7

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

(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.

Amendment of

section 124.

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:—

“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.”.

Insertion of section

128-A.

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 346.

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

section 415.

8

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Amendment of

section 430.

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

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

section 483.

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

(1) in sub-section (1),—

(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;

Central Act 46 of

2023.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 9

(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.

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:—

Amendment of

First Schedule.

10

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Section

Offence

Punishment

Cognizable

or Non-

cognizable.

Bailable

or Non-

bailable.

By what

Court

triable.

(1)

(2)

(3)

(4)

(5)

(6)

“64(1)

Rape.

Rigorous imprisonment for not 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 fine.

Cognizable.

Non-

bailable.

Court of

Session.

64(2)

Rape by a police officer or a public

servant or member of armed

forces or a person being on the

management or on the staff of a

jail, remand home or other place of

custody or women’s or children’s

institution or by a person on the

management or on the staff of a

hospital, and rape committed by

a person in a position of trust or

authority towards the person raped

or by a near relative of the person

raped.

Rigorous imprisonment for not 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 fine.

Cognizable.

Non-

bailable.

Court of

Session.

65 (1)

Persons committing offence of rape

on a woman under sixteen years of

age.

Rigorous imprisonment for not 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 fine.

Cognizable.

Non-

bailable.

Court of

Session.

65(2)

Persons committing offence of rape

on a woman under twelve years of

age.

Rigorous

imprisonment

for

life, which shall mean rigorous

imprisonment for the remainder of

that person’s natural life, and fine or

death.

Cognizable.

Non-

bailable.

Court of

Session.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 11

Section

Offence

Punishment

Cognizable

or Non-

cognizable.

Bailable

or Non-

bailable.

By what

Court

triable.

(1)

(2)

(3)

(4)

(5)

(6)

66

Person committing an offence of

rape and inflicting injury which

causes death or causes the woman

to be in a persistent vegetative

state.

Rigorous

imprisonment

for

life, which shall mean rigorous

imprisonment for the remainder of

that person’s natural life, and fine or

death

Cognizable.

Non-

bailable.

Court of

Session.

70(1)

Gang rape.

Rigorous

imprisonment

for

life, which shall mean rigorous

imprisonment for the remainder of

that person’s natural life, and fine.

Cognizable.

Non-

bailable.

Court of

Session.

70(2)

Gang rape on a woman under

eighteen years of age.

Rigorous

imprisonment

for

life, which shall mean rigorous

imprisonment for the remainder of

that person’s natural life, and fine or

death

Cognizable.

Non-

bailable.

Court of

Session.

71

Repeat offenders.

Death or rigorous imprisonment

for life, which shall mean rigorous

imprisonment for the remainder of

that person’s natural life, and fine

Cognizable.

Non-

bailable.

Court of

Session.

72(1)

Disclosure of identity of the victim of

certain offences, etc.

Imprisonment of either description

for not less than three years, but

which may extend to five years and

fine.

Cognizable.

Non-

bailable.

Court of

Session.

74

Assault or use of criminal force to

woman with intent to outrage her

modesty.

Imprisonment of either description

for not less than three years, but

which may extend to five years and

fine.

Cognizable

Non-

bailable.

Court of

Session.

75(2)

Sexual harassment and punishment

for sexual harassment specified in

clause (i) or clause (ii) or clause (iii)

of sub-section (1).

Rigorous imprisonment with five

years, and fine.

Cognizable.

Non-

bailable.

Court of

Session.

76

Assault or use of criminal force to

woman with intent to disrobe.

Imprisonment for not less than five

years, but which may extend to ten

years, and fine.

Cognizable.

Non-

bailable.

Court of

Session.

12

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Section

Offence

Punishment

Cognizable

or Non-

cognizable.

Bailable

or Non-

bailable.

By what

Court

triable.

(1)

(2)

(3)

(4)

(5)

(6)

77

Voyeurism.

Imprisonment of either description

for not less than two years, but

which may extend to five years, and

fine.

Cognizable.

Non-

bailable.

Court of

Session.

Second or subsequent conviction.

Imprisonment of either description

for not less than five years, but

which may extend to ten years, and

fine.

Cognizable.

Non-

bailable.

Court of

Session.

78(2)

Stalking.

Imprisonment upto five years, and

fine.

Cognizable.

Non-

bailable.

Court of

Session.

Second or subsequent conviction.

Imprisonment upto seven years,

and fine.

Cognizable.

Non-

bailable.

Court of

Session.

124(1)

Voluntarily causing grievous hurt by

use of acid, etc.

Rigorous imprisonment for life which

shall mean rigorous imprisonment

for the remainder of that person’s

natural life, and fine or death.

Cognizable.

Non-

bailable.

Court of

Session.

124(2)

Voluntarily throwing or attempting to

throw acid.

Imprisonment of either description

for not less than ten years but which

may extend to imprisonment for life,

and fine.

Cognizable.

Non-

bailable.

Court of

Session.”.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 13

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.

14

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 15

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: —

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

Harassment of Woman (Amendment) Act, 2025.

Short title and

commencement.

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

may, by notification, appoint.

Tamil Nadu Act 44

of 1998.

2.

In section 2 of the Tamil Nadu Prohibition of Harassment

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 2.

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.

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

16

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Amendment of

section 4-A.

4.

In section 4-A of the principal Act,—

(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

section 4-B.

5.

In section 4-B of the principal Act,—

(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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 17

7. In section 5 of the principal Act,—

(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 5.

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 6.

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.

Amendment of

section 7.

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

shall be inserted, namely:—

“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.

Insertion of

sections 7-B and

7-C

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.”.

18

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 19

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.

20

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 21

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

(Amendment) Act, 2025.

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

6th day of January 2025.

Short title and

commencement.

Tamil Nadu Act 21

of 1994.

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.”.

Substitution of

section 261-A.

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.

22

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 23

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.

PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU