IV-1 Ex. (194)
[ 73]
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. 41.60 Paise.
Part IV—Section 1
Tamil Nadu Bills
No. 194]
CHENNAI, MONDAY, APRIL 28, 2025
Chithirai 15, Visuvaavasu, Thiruvalluvar Aandu-2056
CONTENTS
Pages.
Pages.
BILLS:
BILLS:
No. 13 of 2025—The Tamil Nadu Fire and Rescue Services Act, 2025.
..
..
..
..
74-98
No. 14 of 2025—The Tamil Nadu Urban Local Bodies (Second Amendment) Act, 2025. ..
..
99-106
No. 15 of 2025—The Tamil Nadu Panchayats (Third Amendment) Act, 2025.
..
..
..
107-114
No. 16 of 2025—The Tamil Nadu Town and Country Planning (Amendment) Act, 2025. ..
..
115-120
No. 17 of 2025—The Tamil Nadu Goods and Services Tax (Amendment) Act, 2025.
..
..
121-126
No. 18 of 2025—The Registration (Tamil Nadu Amendment) Act, 2025.
..
..
..
..
127-128
No. 19 of 2025—The Kalaignar University Act, 2025.
..
..
..
..
..
..
..
129-172
No. 20 of 2025—The Tamil Nadu Shops and Establishments (Amendment) Act, 2025. ..
..
173-176
74
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 28th April 2025 is published together with
Statement of Objects and Resasons for general information:-
L.A. Bill No. 13 of 2025
A Bill to repeal and re-enact the Tamil Nadu Fire Service
Act,1985.
%ඍ it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Seventy-sixth Year of the Republic of India as
follows: —
CHAPTER I.
PRELIMINARY.
Short title,
extent and
commencement.
1. (1) This Act may be called the Tamil Nadu Fire and Rescue
Services 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 Government may,
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2. In this Act, unless the context otherwise requires, ––
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the Government under section 54;
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rule 2 of the Tamil Nadu Combined Development and Building Rules,
2019 and includes petrol, diesel or gas lines, installations or pumps;
F³%\HODZ´PHDQV¿UHVDIHW\UHJXODWLRQVRUQRUPVRUJXLGHOLQHV
made under the National Building Code of India, Model Building
Bye-laws, 2016 by the Government of India, Oil Industry Safety
Directorate guidelines, Petroleum Act and Rules, Explosive Act and
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Government or local authority as amended from time to time and the
rules as may be prescribed under section 31;
(d) “Director” means the Director of the Tamil Nadu Fire and
Rescue Services appointed under section 6;
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
75
Central Act 53 of
2005.
H³GLVDVWHU´PHDQVDGLVDVWHUDVGH¿QHGLQFODXVHGRIVHFWLRQ
2 of the Disaster Management Act, 2005;
(f) “erector” means a person or association of persons, whether
corporate or otherwise, who erects or makes a pandal or any structure
for occupation of people on a regular or temporary basis;
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under sub-section (1) of section 9;
(h) “Fire and Rescue Services Station or Rescue Service Station”
PHDQVDEXLOGLQJWRKRXVHWKH¿UH¿JKWLQJDQGUHVFXHHTXLSPHQW
DSSOLDQFHVDQGVWDႇFRQVWLWXWHGRUJDQLVHGRUUHRUJDQLVHGJHQHUDOO\
or specially by the Government to be a Fire and Rescue Services
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section 8;
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as are necessary to ensure, individually or collectively, the safety of
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RUVLPLODUFDXVHVDQGVKDOOLQFOXGHSURYLVLRQRI¿UH¿JKWLQJHTXLSPHQW
IRUWKHFRQWDLQPHQWFRQWURODQG¿JKWLQJRI¿UHDQGIRUHQVXULQJWKH
VDIHW\RIOLIHDQGSURSHUW\LQFDVHRI¿UHRUDQ\RWKHUHPHUJHQF\DV
may be prescribed;
(j) “Fire Safety Audit Agency” means a person or company
empanelled by the Government under sub-section (1) of section 32;
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under section 33;
(l) “Government” means the State Government;
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rule 2 of the Tamil Nadu Combined Development and Building Rules,
2019;
(n) “National Building Code” means the book or books containing
¿UH SUHYHQWLRQ DQG OLIH VDIHW\ PHDVXUHV WR EH LPSOHPHQWHG LQ WKH
buildings, places, premises, workshops, warehouses and industries,
published from time to time by the Bureau of Indian Standards;
(o) “occupancy” means the principal occupancy for which
a building or a part of the building is used or intended to be used
including subsidiary occupancies which are contingent upon it;
(p) “occupier” means, —
(i) any person who, for the time being, is paying or is liable
to pay, to the owner the rent or any portion of the rent of the land or
building in respect of which such rent is paid or is payable;
(ii) an owner in occupation of, or otherwise using his land
or building;
(iii) a rent-free tenant of any land or building;
(iv) a licensee in occupation of any land or building; and
76
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(v) any person who is liable to pay damages to the owner
for the use and occupation of any land or building;
(q) “owner” includes a person who, for the time being, is entitled
to receive the rent of any land or building, whether on his own account
or on behalf of another or on behalf of himself and others or as an
agent, trustee, guardian or receiver or any other person, or who would
so receive the rent or be entitled to receive it, if the land or building or
part thereof were let to a tenant;
(r) “pandal” means a temporary structure with a roof or walls
made of coconut leaves, palm leaves, straw, hay, any type of grass,
mat, canvas, cloth or other like material which is not adopted for
permanent or continuous occupancy;
(s) “prescribed” means prescribed by rules made under this Act;
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services in any serious situation or occurrence including disasters;
(u) “State” means the State of Tamil Nadu.
CHAPTER II.
ORGANISATION, SUPERINTENDENCE, CONTROL AND
MAINTENANCE OF THE FIRE AND RESCUE SERVICES.
Establishment of
Fire and Rescue
Services.
3. There shall be established and maintained by the Government,
a Fire and Rescue Service in the State to be called the Tamil Nadu
Fire and Rescue Services.
Superintendence
and control of
the Tamil Nadu
Fire and Rescue
Services.
4. The superintendence and control of the Tamil Nadu Fire
and Rescue Services shall vest in the Government and it shall be
administered by the Government in accordance with the provisions
of this Act and the rules made thereunder, through such officers as
the Government may, from time to time, appoint in this behalf.
Constitution and
&ODVVL¿FDWLRQRI
Fire and Rescue
Services.
5. (1) Subject to the provisions of this Act, the Tamil Nadu
Fire and Rescue Services shall consist of such number of posts in
various ranks and have such organisations and they shall have such
powers, functions and duties as the Government may, by general or
special order, determine.
(2) The Government may prescribe in the rules, —
(i) the posts included in the Tamil Nadu Fire and Rescue
Services; and
(ii) the terms and conditions of services of the members of
the Tamil Nadu Fire and Rescues Services and the matters connected
therewith;
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PD\
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Tamil Nadu Government Gazette, review the pattern of the existing
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the same.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
77
(4) Save as otherwise provided by or under this Act, every
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Tamil Nadu Fire and Rescue Services on the date immediately before
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same terms and conditions as were applicable to him immediately
before such date and shall exercise such powers and perform such
duties as before and in addition to those as are conferred on them by
or under this Act.
6. (1) The Government shall appoint an officer in the rank of
Director General of Police or Additional Director General of Police to
be the Director of Tamil Nadu Fire and Rescue Services.
(2) The Director shall be the head of the Tamil Nadu Fire and
Rescue Services.
(3) Subject to the control, directions and superintendence of the
Government, the Director shall exercise such powers and perform
such duties and functions as are conferred and imposed upon him by
this Act and the rules made thereunder.
Appointment of
Director of Fire
and Rescue
Services.
7. (1) The Director shall, subject to the superintendence and
control of the Government, direct and regulate all matters relating to
fire safety and prevention, fire-fighting equipment, machineries and
appliances, training, distribution of duties, study of laws, uniformity
of procedures, orders and modes of proceedings and all matters
of executive details or the fulfillment of duties and maintenance of
discipline of the officers and employees of the Tamil Nadu Fire and
Rescue Services in such manner as may be prescribed.
(2) Without prejudice to the provisions of sub-section (3) of
section 6, the Director shall function as head of the Department in the
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and rescue services;
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rescue services in the State and, on approval of such policies by the
Government, take steps to implement the same;
(iii) prepare and submit plans and proposals to the
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¿UHSURSHUWLHVDQGPDQSRZHUIRUHႇHFWLYHLPSOHPHQWDWLRQRI¿UHDQG
rescue services;
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PHDVXUHVLQFDVHVRIPDMRU¿UHVEXLOGLQJFROODSVHDQGRWKHUUHVFXH
services;
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and also seek the help of Government Forensic Science Laboratories
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measures;
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as may be necessary to assist any member of the Tamil Nadu Fire
and Rescue Services, while exercising his powers or discharging his
duties or functions under this Act or the rules made thereunder;
Powers, duties and
functions of the
Director.
78
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
YLLLPSOHPHQWWKHHႇHFWLYHKXPDQUHVRXUFHGHYHORSPHQW
SROLFLHV LQ DFFRUGDQFH ZLWK WKH DVVLJQHG MREV DW HDFK OHYHO RI ¿UH
and rescue service personnel and for that purpose, he may establish
advanced training centers with the approval of the Government;
(viii) represent the Government in national and
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rescue services in the State; and
(ix) exercise such other powers and perform such other
duties and functions as may be prescribed.
Setting up of Fire
and Rescue
Services
Station, Rescue
Service Station
DQGRWKHU¿HOG
formations.
8. (1) For the purpose of providing adequate number of officers
and staff for meeting the needs of fire and rescue services, having
regard to the population, potential fire hazards in certain industries,
large commercial and mercantile establishments and buildings and
fire and rescue service stations required to be provided for and
maintained, the Government may, for the purpose of securing fire
prevention and life safety measures in the State, by order, constitute,
organise or reorganise as many Fire and Rescue Services Stations,
Rescue Service Stations and other field formations, as they may
deem fit.
(YHU\RUGHULVVXHGXQGHUVXEVHFWLRQVKDOOGH¿QHWKHOLPLWV
of the Fire and Rescue Services Stations, Rescue Service Stations
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Appointment of
Fire and Rescue
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and other
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9. (1) The Government shall appoint a Fire and Rescue
Services Officer for each Fire and Rescue Services Station, Rescue
Service Station and other field formation, who shall be in-charge
of such station or field formation and he shall be responsible for
maintenance of communication system, water resources including
hydrants within the limits of such station or field formations and shall
be in-charge of operations of Fire and Rescue Services.
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7DPLO1DGX)LUHDQG5HVFXH6HUYLFHVDSSRLQWVXFKRWKHURႈFHUVDQG
VWDႇDVPD\EHUHTXLUHGDQGWKHLUTXDOL¿FDWLRQVDQGRWKHUFRQGLWLRQV
of services shall be such as may be prescribed.
Powers, duties
and functions of
Fire and Rescue
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10. Subject to the control, direction and superintendence of the
Director, the Fire and Rescue Services Officer shall exercise such
powers and perform such duties and functions as are conferred and
imposed upon him by this Act or the rules or orders made thereunder.
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to the members
of Fire and
Rescue
Services.
11. (1) Every person shall, on appointment to the Tamil Nadu
Fire and Rescue Services, receive a certificate, in such form as
may be prescribed, under the signature of the Director or an officer
authorised in this behalf by the Government and thereupon, such
person shall have the powers, functions and privileges of a member
of the Tamil Nadu Fire and Rescue Services.
7KHFHUWL¿FDWHUHIHUUHGWRLQVXEVHFWLRQVKDOOFHDVHWR
KDYHHႇHFWZKHQWKHPHPEHUQDPHGWKHUHLQFHDVHVIRUDQ\UHDVRQ
to be a member of the Tamil Nadu Fire and Rescue Services and
on his ceasing to be such member, he shall forthwith surrender the
FHUWL¿FDWHWRWKHRႈFHUHPSRZHUHGWRUHFHLYHWKHVDPH
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
79
7KH FHUWL¿FDWH RI DSSRLQWPHQW VKDOO EHFRPH QXOO DQG YRLG
when the person named therein ceases to be a member of the
Tamil Nadu Fire and Rescue Services and shall remain inoperative
during the period of his suspension.
(4) The member of the Tamil Nadu Fire and Rescue Services shall
be governed by the Special Rules for the Tamil Nadu Fire and Rescue
Services and Tamil Nadu Fire and Rescue Subordinate Services. If
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Rules as are applicable to the Government servants in relation to the
conditions of their services and all other allied matters shall apply.
12. (1) The powers, functions and privileges vested in any
member of the Tamil Nadu Fire and Rescue Services shall remain
suspended during the period of suspension.
(2) Such person shall continue to be subject to the control of
the same authorities to which he would have been, had he not been
placed under suspension.
(ႇHFWRI
suspension.
13. Whenever, it appears to the Government that it is necessary
to augment the Fire and Rescue Services, they may raise an auxiliary
service by enrolment of volunteers for such area and on such terms
and conditions as may be prescribed.
Auxiliary Fire
and Rescue
Services.
CHAPTER III.
FIRE AND RESCUE RESPONSE.
14. The Fire and Rescue Services personnel shall respond to all
calls related to fire and rescue and any other emergencies in such
manner as may be prescribed.
Response to calls.
15. The Director shall ensure deployment of Fire and Rescue
Services, resources, equipment and fire personnel at stand-by duties
during any fire response or any other rescue call in such manner as
may be prescribed.
Personnel
and scale of
equipment.
16. (1) The Director shall provide details of planning, organising
and deployment of the staff and ensure regular monitoring of the site
in such manner as may be prescribed.
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plans of the Fire and Rescue Services Stations, Rescue Service
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the respective District Disaster Management Plans.
Operation
management.
17. On the occasion of fire or rescue operation in any area,
any member of the Tamil Nadu Fire and Rescue Services,
who is in-charge of fire-fighting or rescue operation on the spot,
may —
(i) remove or cause to remove or order any other member of the
Tamil Nadu Fire and Rescue Services to remove any person who, by
his presence, interferes with or impedes the operation of extinguishing
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(ii) close or cause to close any street or passage in or near a
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Powers of
members of the
Tamil Nadu Fire
and Rescue
Services on
occurrence of
¿UHRUUHVFXH
operation.
80
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
LLLIRUWKHSXUSRVHRIH[WLQJXLVKLQJ¿UHDQGFDUU\LQJRXWUHVFXH
operation, break into or through or pull down, any premises for the
passage of hose or other appliances or cause them to be broken into
or through or pulled down, causing as little damage as possible for
WKHSXUSRVHRIH[WLQJXLVKLQJ¿UH
Provided that the owner or occupier, as the case may be, of
any such premises shall be paid reasonable compensation in such
manner as may be prescribed to the extent of the damage so caused;
(iv) require the Authority in charge of water supply in the area to
UHJXODWHWKHZDWHUPDLQVVRDVWRSURYLGHZDWHUDWDVSHFL¿HGSUHVVXUH
DWWKHSODFHZKHUH¿UHKDVEURNHQRXWDQGXWLOLVHWKHZDWHURIDQ\
stream, cistern, well or tank or of any available source of water, public
or private, for the purpose of extinguishing or limiting the spread of
VXFK¿UHDQGFDUU\LQJRXWUHVFXHRSHUDWLRQVLQVXFKPDQQHUDVPD\
be prescribed;
(v) exercise the same powers for dispersing an assembly of
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LVDQRႈFHULQFKDUJHRIDSROLFHVWDWLRQDQGDVLIVXFKDQDVVHPEO\
were an unlawful assembly and shall be entitled to the same
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exercise of such powers;
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DQGUHVFXHVHUYLFHVSHUVRQQHOLQ¿UH¿JKWLQJDQGUHVFXHRSHUDWLRQV
DQGVKDOOKDQGKLPRYHUWRDSROLFHRႈFHURUDWWKHQHDUHVWSROLFH
station without avoidable delay along with a brief note stating the
time, date and reason of arrest;
(vii) enter into agreement with any person who employs and
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to secure, such personnel or equipment on such terms as may be
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and
(viii) take such measures as may appear to him to be necessary
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both.
CHAPTER IV.
WATER SUPPLY.
Power to arrange
for water supply
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¿JKWLQJ
18. It shall be lawful for the Director or Fire and Rescue
Services Officer of the fire-fighting operations to draw water from
any source in the area which he considers necessary during fire-
fighting operations and on such occasions as may be required and
the authority or owner or occupier having control over such water
source shall supply water for that purpose at such rates as may be
prescribed.
Duty to arrange
water supply.
19. The Director or Fire and Rescue Services Officer shall take
all reasonable measures in such manner as may be prescribed to
ensure that an adequate supply of water will be available for use in
the event of fire.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
81
20. The Director or Fire and Rescue Services Officer may enter
into an agreement with any agency approved by the local body,
Tamil Nadu Water Supply and Drainage Board, Chennai Metropolitan
Water Supply and Sewerage Board or Tamil Nadu Water Resources
Department for meeting the demand of water supply and emergent
need of water as per the procedure and terms and conditions for the
payment to the third party in such manner as may be prescribed.
Power to enter into
agreement for
water supply.
21. No Authority in charge of water supply in any area shall
be liable to any claim for compensation for damage by reason of
any interruption of supply of water caused in compliance of the
requirement specified in clause (iv) of section 17.
No compensation
for interruption of
water supply.
22. No charge shall be levied or collected by any authority in
charge of water supply or local body for water utilised for the purpose
of fire-fighting operations by the Fire and Rescue Services.
Utilisation of water.
CHAPTER V.
GENERAL MEASURES FOR FIRE PREVENTION AND LIFE
SAFETY MEASURES.
23. The Government may, by notification, require the erector of
pandal or owner or occupier of any premises in any area or of any
class of premises used, which in their opinion, are likely to cause
a risk of fire, to take such precautions as may be specified in such
notification.
Preventive
measures.
24. (1) Notwithstanding anything contained in this Act, the
erectors of pandal shall be deemed to be self-regulators for taking
fire prevention and life safety measures as may be prescribed.
(2) The erector of pandal shall display at a prominent place in the
pandal, a declaration in such form as may be prescribed under his
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¿UHVDIHW\PHDVXUHVWKHUHLQDVPD\EHSUHVFULEHG
(3) It shall be lawful for the Director or the Fire and Rescue Services
2ႈFHUQRWEHORZWKHUDQNRI6WDWLRQ2ႈFHUWRHQWHUDQGLQVSHFWWKH
pandal with a view to verify the correctness of the declaration so made
by the erector under sub-section (2) and to point out the shortcomings,
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WLPH,IWKHGLUHFWLRQVRIWKHLQVSHFWLQJRႈFHUDUHQRWFRPSOLHGZLWK
ZLWKLQWKHVSHFL¿HGWLPHWKHVDPHVKDOOEHUHSRUWHGWRWKH([HFXWLYH
Magistrate of the Taluk, who in turn, shall seal the pandal, after giving
reasonable opportunity of being heard.
(4) Any erector of a pandal who falsely declares that he has
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LQ WKH SDQGDO VKDOO EH GHHPHG WR KDYH FRPPLWWHG DQ RႇHQFH
punishable under this Act.
Fire prevention
and life safety
measures in the
pandals to be
self-regulatory.
82
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Removal of
encroachments
or objects or
goods likely to
cause a risk
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obstruction to
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25. (1) Where a notification has been issued under section 23,
it shall be lawful for the Director or the Fire and Rescue Services
Officer to direct the removal of encroachments or goods likely to
cause a risk of fire or any obstruction to fire-fighting, to a place of
safety. On failure of the owner, occupier or erector, as the case may
be, to do so, the Director or the Fire and Rescue Services Officer
may, after giving the owner or occupier or erector, as the case may
be, a reasonable opportunity of making a representation, report the
matter to the Executive Magistrate of the Taluk, in whose territorial
jurisdiction the premises or building or pandal is situated:
Provided that where the Director or Fire and Rescue Services
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LPPLQHQWFDXVHRIULVNRI¿UHRUREVWUXFWLRQWR¿UH¿JKWLQJKHPD\
direct the owner or the occupier or erector of such premises or
building to remove the encroachment or objects or goods forthwith.
On the failure of the owner, occupier or erector, as the case may be,
WRGRVRWKH'LUHFWRURU)LUHDQG5HVFXH2ႈFHUDVWKHFDVHPD\
be, may remove the same and report the matter to the Executive
Magistrate of the taluk concerned.
(2) On receipt of a report under sub-section (1), the Executive
Magistrate of the Taluk after giving the owner or occupier or erector,
as the case may be, a reasonable opportunity of showing cause
against the removal of encroachment or objects or goods likely to
FDXVHDULVNRI¿UHRUREVWUXFWLRQWR¿UH¿JKWLQJPD\PDNHDQRUGHU
to seize, detain or remove such encroachments or objects or goods
in such manner as may be prescribed.
(3) The person charged with the execution of the order made
under sub-section (2) shall forthwith make an inventory of the objects
and goods which he seizes under such order, and shall, at the same
time, give a written notice in such form as may be prescribed in this
behalf, to the person in possession thereof at the time of seizure, that
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not claimed within the period stipulated in the said notice.
(4) On the failure of the person in whose possession the objects
or goods were, at the time of seizure, to claim the seized goods
pursuant to the notice given under sub-section (3), the Executive
Magistrate of the Taluk shall sell them by public auction.
&ODVVL¿FDWLRQRI
Buildings.
26. (1) For the purposes of this Act, every building in this State
shall be classified as Category A or Category B or Category C
buildings in such manner as may be prescribed.
(2) The owner or occupier of the building, as the case may be,
VKDOOSULRUWRWKHRFFXSDWLRQRIWKHEXLOGLQJREWDLQD¿UHOLFHQFHIRU
&DWHJRU\$EXLOGLQJVRUD¿UHVDIHW\FHUWL¿FDWHIRU&DWHJRU\%EXLOGLQJV
RU D VHOIFHUWL¿HG ¿UH VDIHW\ SURWRFRO IRU &DWHJRU\ & EXLOGLQJV DQG
VKDOOUHQHZWKH¿UHOLFHQFHRU¿UHVDIHW\FHUWL¿FDWHRUVHOIFHUWL¿HG
¿UHVDIHW\SURWRFRODVWKHFDVHPD\EHZLWKLQWKHWLPHDVPD\EH
prescribed.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
83
27. (1) Any owner or occupier, as the case may be, of a Category
A building, shall, for the purpose of obtaining a fire licence, make
an application 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:
Provided that in respect of any building in existence on the date
RIFRPPHQFHPHQWRIWKLV$FWIRUZKLFKD¿UHOLFHQFHLVUHTXLUHGXQGHU
WKLV$FWWKHDSSOLFDWLRQIRU¿UHOLFHQFHVKDOOEHVXEPLWWHGZLWKLQWKH
GDWHRIH[SLU\RIH[LVWLQJ¿UHOLFHQFHRURQHKXQGUHGDQGHLJKW\GD\V
from the date of commencement of this Act, whichever is later.
(2) Every application under sub-section (1) shall be accompanied
by such fee and such documents as may be prescribed.
2QUHFHLSWRIVXFKDSSOLFDWLRQWKHRႈFHUDXWKRULVHGLQWKLV
EHKDOIE\WKH*RYHUQPHQWE\QRWL¿FDWLRQVKDOOLQVSHFWWKHEXLOGLQJ
process the application and grant the licence or refuse to grant such
licence for the reasons to be recorded within such time and in such
electronic form and in such manner as may be prescribed.
(4) Where the application is not processed within the prescribed
WLPHXQGHUVXEVHFWLRQLWVKDOOEHHVFDODWHGWRVXFKKLJKHURႈFHU
DXWKRULVHGLQWKLVEHKDOIE\WKH*RYHUQPHQWE\QRWL¿FDWLRQDQGKH
shall process the application and grant the licence or refuse to grant
such licence for reasons to be recorded, within such time as may be
prescribed.
(5) If no decision is taken on the application within the prescribed
time under sub-section (4), the licence shall be deemed to have been
granted and it shall be auto-generated online.
(6) The licence granted under this section, shall be valid for a
SHULRGDVPD\EHSUHVFULEHGVXEMHFWWRIXO¿OPHQWRIVXFKWHUPVDQG
FRQGLWLRQV VSHFL¿HG LQ WKH OLFHQFH 7KH OLFHQFH VKDOO EH GLVSOD\HG
in a prominent place of the premises in such manner as may be
prescribed.
(7) Every licence shall be renewable for such period, in such
manner, and on payment of such fees, as may be prescribed.
(8) If the owner or occupier, as the case may be, fails to comply
with any of the directions issued by the Director or Fire and Rescue
6HUYLFHV2ႈFHURUWKHWHUPVDQGFRQGLWLRQVVSHFL¿HGLQWKHOLFHQFH
WKHQWKHRႈFHUDXWKRULVHGE\WKH*RYHUQPHQWLQWKLVEHKDOIPD\DIWHU
giving an opportunity of being heard, suspend or cancel the licence.
7KHRZQHURURFFXSLHUZKRVH¿UHOLFHQFHKDVEHHQFDQFHOOHG
shall not occupy the building.
,VVXHRI¿UH
licence.
(10) Any person aggrieved by an order issued under sub-sections
(3), (4) or (8) may prefer an appeal against such order, in such
electronic form and manner, within such time as may be prescribed
EHIRUHWKH$SSHOODWH$XWKRULW\WREHQRWL¿HGE\WKH*RYHUQPHQWLQWKLV
behalf.
(11) The Appellate Authority shall dispose of the said appeal
within such time as may be prescribed.
84
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Fire safety
FHUWL¿FDWHE\WKH
¿UHVDIHW\DXGLW
agencies.
28. (1) Any owner or occupier, as the case may be, of a Category
B building shall, for the purpose of obtaining a fire safety certificate,
make an application in such form and manner as may be prescribed
to any of the fire safety audit agencies:
Provided that in respect of any building in existence on the date of
FRPPHQFHPHQWRIWKLV$FWIRUZKLFK¿UHVDIHW\FHUWL¿FDWHLVUHTXLUHG
under this Act, the application shall be submitted within one hundred
and eighty days from the date of commencement of this Act:
3URYLGHG IXUWKHU WKDW LI VXFK EXLOGLQJ KDV D YDOLG ¿UH OLFHQFH
under the Tamil Nadu Fire Service Act, 1985, the application shall
EH VXEPLWWHG ZLWKLQ WKH GDWH RI H[SLU\ RI VXFK ¿UH OLFHQFH RU RQH
hundred and eighty days from the date of commencement of this Act,
whichever is later.
(2) Every application under sub-section (1) shall be accompanied
by such fee and such documents as may be prescribed.
2QUHFHLSWRIVXFKDSSOLFDWLRQWKH¿UHVDIHW\DXGLWDJHQF\
VKDOOPDNHREMHFWLYHDVVHVVPHQWRIWKH¿UHVDIHW\DUUDQJHPHQWVLQ
the building and recommend measures to reduce the potential risks,
LIDQ\DQGRQO\DIWHUFRPSOLDQFHRIWKHUHFRPPHQGDWLRQVWKH¿UH
VDIHW\DXGLWDJHQF\PD\LVVXH¿UHVDIHW\FHUWL¿FDWHLQVXFKIRUPDV
may be prescribed.
7KH FHUWL¿FDWH LVVXHG XQGHU WKLV VHFWLRQ VKDOO EH YDOLG IRU
three years from the date on which it is granted.
(YHU\FHUWL¿FDWHVKDOOEHUHQHZDEOHIRUVXFKSHULRGLQVXFK
manner, and on payment of such fees, as may be prescribed.
(6) The owner or occupier, as the case may be, shall upload
WKH¿UHVDIHW\FHUWL¿FDWHLVVXHGE\VXFKDJHQF\LQWKHRQOLQHSRUWDO
referred to in section 27, within such time as may be prescribed and
DOVRGLVSOD\WKHFHUWL¿FDWHLQDSURPLQHQWSODFHRIWKHSUHPLVHVLQ
such manner as may be prescribed.
Tamil Nadu Act 40
of 1985
6HOIFHUWL¿HG¿UH
safety protocol.
29. (1) Any owner or occupier, as the case may be, of a Category
C building, shall, for the purpose of obtaining self-certified fire safety
protocol, apply in such electronic form, in such manner along with
such documents, as may be prescribed, in the online portal referred
to in section 27:
Provided that in respect of any such building in existence on the
GDWHRIFRPPHQFHPHQWRIWKLV$FWIRUZKLFKVHOIFHUWL¿HG¿UHVDIHW\
protocol is required under this Act, they shall apply within one hundred
and eighty days from the date of commencement of this Act.
(2) Subject to the genuineness of the documents uploaded
XQGHUVXEVHFWLRQWKHVHOIFHUWL¿HG¿UHVDIHW\SURWRFROVKDOOEH
auto-generated in such form and manner, as may be prescribed.
(3) The owner or occupier, as the case may be, shall display the
VHOIFHUWL¿HG¿UHVDIHW\SURWRFROLQDSURPLQHQWSODFHRIWKHSUHPLVHV
(4) The owner or occupier, as the case may be, shall apply for
the said protocol once in every three years in such manner as may
be prescribed.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
85
30. (1) No events such as live shows, exhibition, carnivals or
festivals, wherein any inflammable or hazardous materials are used
or not, shall be conducted without a temporary fire licence.
(2) The event organiser of the entire venue or site shall, for the
SXUSRVHRIREWDLQLQJDWHPSRUDU\¿UHOLFHQFHPDNHDQDSSOLFDWLRQLQ
such electronic form as may be prescribed through the online portal
referred to in section 27.
(3) Every application under sub-section (1) shall be accompanied
by such fee and such documents as may be prescribed.
2QUHFHLSWRIVXFKDSSOLFDWLRQWKHRႈFHUDXWKRULVHGLQWKLV
behalf shall inspect the venue or site, process the application and
JUDQWWHPSRUDU\¿UHOLFHQFHRUUHIXVHWRJUDQWVXFKWHPSRUDU\¿UH
licence for the reasons to be recorded within such period, in such
electronic form and manner as may be prescribed.
7KHWHPSRUDU\¿UHOLFHQFHJUDQWHGXQGHUWKLVVHFWLRQVKDOO
EHYDOLGIRUVXFKSHULRGDVPD\EHVSHFL¿HGLQWKHOLFHQFHVXEMHFWWR
IXO¿OPHQWRIVXFKWHUPVDQGFRQGLWLRQVVSHFL¿HGLQWKHOLFHQFH7KH
HYHQWRUJDQLVHUVKDOOGLVSOD\WKHWHPSRUDU\¿UHOLFHQFHLQDSURPLQHQW
place of the venue or site in such manner as may be prescribed.
(6) If the event organiser fails to comply with any of the terms
DQGFRQGLWLRQVVSHFL¿HGLQWKHWHPSRUDU\¿UHOLFHQFHWKHRႈFHUPD\
after giving him an opportunity of being heard, suspend or cancel that
licence.
(7) Any person aggrieved by an order issued under sub-section
(4) or sub-section (6) may prefer an appeal against such order, in such
electronic form and manner, within such time as may be prescribed
EHIRUHWKH$SSHOODWH$XWKRULW\WREHQRWL¿HGE\WKH*RYHUQPHQWLQ
this behalf.
(8) The Appellate Authority shall dispose of the said appeal within
such time as may be prescribed.
7HPSRUDU\¿UH
licence.
31. (1) Without prejudice to the provisions of National Building
Code of India as amended from time to time, or any other law or
Bye-Law, or the fire safety measures specified in this Act or the
rules made thereunder, the owner or the occupier, who are either
individually or jointly responsible of a building as classified by this
Act, shall provide fire prevention and life safety measures therein.
(2) Such owner or occupier, as the case may be, shall provide
¿UH¿JKWLQJOLIHVDIHW\LQVWDOODWLRQVDVPD\EHSUHVFULEHGDQGVKDOO
PDLQWDLQWKH¿UHSUHYHQWLRQDQGOLIHVDIHW\PHDVXUHVLQRSHUDWLRQDO
FRQGLWLRQ LQ VXFK PDQQHU DQG LQ VXFK VSHFL¿FDWLRQV DV PD\ EH
prescribed.
(3) The owner or occupier as the case may be, of a building
VKDOOHQVXUHWKDWKLVEXLOGLQJLVHTXLSSHGZLWK¿UHVDIHW\V\VWHPVWR
SUHYHQWRUH[WLQJXLVK¿UHLQVXFKPDQQHUDVPD\EHSUHVFULEHG
(4) No person shall tamper with, alter, remove or cause any injury
RUGDPDJHWRDQ\¿UHSUHYHQWLRQDQGOLIHVDIHW\HTXLSPHQWLQVWDOOHG
in any such building or part thereof or instigate any other person to
do so.
Owner or
occupier’s
liability to
SURYLGH¿UH
prevention
and life safety
measures.
86
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Empanelment of
¿UHVDIHW\DXGLW
agency.
32. (1) No person or company, shall act as a fire safety audit
agency under this Act, without a certificate of empanelment granted
by the Government.
7KH*RYHUQPHQWPD\E\QRWL¿FDWLRQFDOOIRUDSSOLFDWLRQIRU
HPSDQHOPHQWRIWKH¿UHVDIHW\DXGLWDJHQF\DVDQGZKHQUHTXLUHG
(YHU\DSSOLFDWLRQIRULVVXDQFHRIDFHUWL¿FDWHRIHPSDQHOPHQW
RI ¿UH VDIHW\ DXGLW DJHQF\ XQGHU VXEVHFWLRQ VKDOO EH PDGH LQ
such electronic form through the online portal referred to in section
27 and shall be accompanied by such fee and such documents as
may be prescribed.
(4) On receipt of such application, the Government may either
JUDQWWKHFHUWL¿FDWHRIHPSDQHOPHQWRUUHIXVHWRJUDQWVXFKFHUWL¿FDWH
for the reasons to be recorded, in such electronic form as may be
prescribed.
1RSHUVRQRUFRPSDQ\VKDOOEHJUDQWHGDFHUWL¿FDWHXQGHU
VXEVHFWLRQ XQOHVV WKH\ IXO¿O VXFK TXDOL¿FDWLRQV DQG RWKHU
requirements, as may be prescribed.
7KHFHUWL¿FDWHRIHPSDQHOPHQWJUDQWHGXQGHUVXEVHFWLRQ
shall be valid for such period as may be prescribed.
(7) Where the Government has reason to believe that any person
RUFRPSDQ\WRZKRPDFHUWL¿FDWHRIHPSDQHOPHQWKDVEHHQJUDQWHG
has contravened any of the provisions of this Act or of the rules made
WKHUHXQGHURUIDLOHGWRFRPSO\ZLWKWKHFRQGLWLRQVRIWKHFHUWL¿FDWH
RUKHLVXQ¿WE\UHDVRQRILQFRPSHWHQF\PLVFRQGXFWRUIUDXGRUDQ\
other reasons, the Government, after giving a reasonable opportunity
WRVKRZFDXVHE\RUGHUVXVSHQGRUFDQFHOWKHVDLGFHUWL¿FDWHIRU
reasons to be recorded.
,I DQ\ HPSDQHOOHG ¿UH VDIHW\ DXGLW DJHQF\ LVVXHV VXFK
FHUWL¿FDWHIUDXGXOHQWO\WKHDJHQF\VKDOOEHOLDEOHIRU¿QHXSWRRQH
ODNKUXSHHVDQGLIWKHUHLVDQRXWEUHDNRI¿UHLQWKDWEXLOGLQJFDXVLQJ
JULHYRXV KXUW RU ORVV RI OLIH DQG WKH FDXVH RI ¿UH LV DWWULEXWDEOH WR
such fraudulent act, then the agency shall also be punished with
imprisonment for a term which may extend to one year.
Explanation. — For the purposes of this section, the term
‘grievous hurt’ shall have the same meaning as under section 116 of
the Bharatiya Nyaya Sanhita, 2023.
1RSHUVRQRUFRPSDQ\RWKHUWKDQWKH¿UHVDIHW\DXGLWDJHQF\
empanelled under this Act, shall carry out the work of monitoring as
PD\EHSUHVFULEHGRULVVXH¿UHVDIHW\FHUWL¿FDWHRUSHUIRUPVXFKRWKHU
related activities required to be carried out in any place or building or
part thereof.
Explanation.— For the purpose of this section, “company”
PHDQVDQ\ERG\FRUSRUDWHDQGLQFOXGHVD¿UPRURWKHUDVVRFLDWLRQRI
individuals whether registered or not.
Central Act 45 of
2023
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
87
33. (1) To ensure effective fire prevention and life safety
measures of the hazardous industry or factory, commercial or public
building or premises under substantive fire risk categories as may be
prescribed in this behalf, every owner or occupier, or an association
of such owners or occupiers, as the case may be, —
D VKDOO DSSRLQW D )LUH 6DIHW\ 2ႈFHU KDYLQJ VXFK
TXDOL¿FDWLRQVDVPD\EHSUHVFULEHGDQG
(b) send a compliance report of such appointment to the
Director in such electronic form as may be prescribed.
7KH )LUH 6DIHW\ 2ႈFHU VR DSSRLQWHG XQGHU VXEVHFWLRQ
VKDOOEHLVVXHGDQHQUROPHQWFHUWL¿FDWHE\WKH'LUHFWRULQVXFK
electronic form and in such manner as may be prescribed.
,Q FDVH RI D YDFDQF\ RI WKH )LUH 6DIHW\ 2ႈFHU DSSRLQWHG
under sub-section (1), either on resignation or otherwise, the owner
or occupier, or an association of such owners or occupiers, as the
FDVHPD\EHVKDOODSSRLQWD)LUH6DIHW\2ႈFHUZLWKLQVXFKWLPHDV
may be prescribed.
(4) In case of non-compliance of sub-section (1) or
VXEVHFWLRQWKH)LUHDQG5HVFXH6HUYLFHV2ႈFHUVKDOOUHSRUWWKH
same to the Director for taking necessary action and to take such
steps as may be prescribed.
7KH )LUH 6DIHW\ 2ႈFHU VKDOO XQGHUJR WUDLQLQJ DW WKH
Tamil Nadu Fire and Rescue Services - State Training Centre as
VSHFL¿HGE\WKH*RYHUQPHQWLQWKLVUHJDUG
Provided that a person who has already undergone such
training at the National Fire Services College, Nagpur or at any other
HTXLYDOHQWLQVWLWXWLRQQRWL¿HGE\WKH*RYHUQPHQWVKDOOQRWEHUHTXLUHG
to undergo such a training.
7KHIXQFWLRQVRIWKH)LUH6DIHW\2ႈFHUVKDOOEHDVPD\EH
prescribed.
Appointment and
functions of Fire
6DIHW\2ႈFHU
34. (1) The Director or Fire and Rescue Services Officer in the
rank of Assistant District Fire Officer and above, may after giving
twelve hours notice to the occupier, or if there is no occupier, to
the owner of any place or building or part thereof, enter into and
inspect such place or building or part thereof at any time between
sunrise and sunset where such inspection appears to be necessary
for ascertaining the adequacy of, or contravention of fire prevention
and life safety measures:
Provided that the Director or such Fire and Rescue Services
2ႈFHUPD\HQWHULQWRDQGLQVSHFWDQ\VXFKSODFHRUEXLOGLQJRUSDUW
thereof at any time, if work is going on at such place, building or part
thereof, or if it appears to him to be expedient and necessary to do so
in order to ensure safety of life and property.
7KH'LUHFWRURUVXFK)LUHDQG5HVFXH6HUYLFHV2ႈFHUVKDOO
be provided with all possible assistance by the owner or occupier, as
the case may be, of such place or building or part thereof for carrying
out the inspection under sub-section (1).
Power of
inspection.
88
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(3) The owner or occupier or any other person shall not obstruct
or cause any obstruction to the entry of a person empowered or
authorised under this section into or upon any land or building and
shall not manhandle or abuse them after such entry for inspection.
(4) When any such place or building or part thereof used as a
human dwelling is entered into under sub-section (1), due regard
shall be given to the social and religious sentiments of the occupiers;
and before entering any building or part of such building in the actual
occupancy of any woman, who, according to the custom does not
appear in public, notice shall be given to her that she is at liberty to
ZLWKGUDZDQGHYHU\UHDVRQDEOHIDFLOLW\VKDOOEHDႇRUGHGWRKHUIRU
withdrawing.
7KH'LUHFWRURUVXFK)LUHDQG5HVFXH6HUYLFHV2ႈFHUVKDOO
after completion of the inspection of the place or building or part
thereof under this section, record his views on —
(i) the deviations from or the contraventions of, the
UHTXLUHPHQWV ZLWK UHJDUG WR WKH ¿UH SUHYHQWLRQ DQG OLIH VDIHW\
measures; or
(ii) the inadequacy or non-compliance of such measures
provided or to be provided therein with reference to the height of the
building; or
(iii) the nature of activities carried on in such place or
building or part thereof;
and issue a notice to the owner or occupier, as the case may
be, of such building or part thereof directing him to undertake such
PHDVXUHVZLWKLQVXFKWLPHDVPD\EHVSHFL¿HGLQWKHQRWLFH
(6) Where the inspection is carried out by such Fire and Rescue
6HUYLFHV2ႈFHUXQGHUWKHSUHFHGLQJSURYLVLRQVRIWKLVVHFWLRQKH
shall give a report of any such inspection to the Director or Fire and
5HVFXH6HUYLFHV2ႈFHUFRQFHUQHG
Power to seal
buildings or
premises.
35. (1) Where, on receipt of a report from the Fire and Rescue
Services Officer under sub-section (6) of section 34, or suo-moto, it
appears to the Director that the condition of any building or premises
is dangerous to life or property, he shall, without prejudice to any
action taken under this Act, by order, require the owner or occupier of
such building or premises to remove themselves from such building
or premises forthwith.
(2) If an order made by the Director under sub-section (1) is
QRWFRPSOLHGZLWKWKH'LUHFWRUPD\GLUHFWDQ\SROLFHRႈFHUKDYLQJ
jurisdiction in that area, to remove such persons from that building or
SUHPLVHVDQGVXFKSROLFHRႈFHUVKDOOFRPSO\ZLWKVXFKGLUHFWLRQV
(3) After removal of the persons under sub-section (1) or
sub-section (2), as the case may be, the Director shall send a report
to the Additional District Magistrate of the district concerned. Based
on the said report, the Additional District Magistrate shall seal the
building or premises in such manner as may be prescribed.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
89
(4) No person shall remove such seal except under an order
made by the Additional District Magistrate.
(5) Any person, who removes such seal except under an order
made by the Additional District Magistrate, shall be punishable with
imprisonment for a term which may extend to three months, or with
¿QHZKLFKPD\H[WHQGWRWZHQW\¿YHWKRXVDQGUXSHHVRUZLWKERWK
36. Any person who is legally bound to give information regarding
an outbreak of fire shall communicate the same without any delay
to the nearest Fire and Rescue Services Station or Emergency
Response Support System, as notified by the Government.
Information on
RXWEUHDNRI¿UH
CHAPTER VI.
OFFENCES AND PENALTIES.
37. Whoever contravenes any provisions of sections 25, 27
and 28 shall, without prejudice to any other action taken against
him under this Act and the rules made thereunder, be punishable
with imprisonment for a term which may extend to three months
or with fine which may extend to fifty thousand rupees or with both
and where the offence is a continuing one with a further fine which
may extend to three thousand rupees for every day after the first
conviction.
Penalties for
violation
of certain
provisions.
38. Notwithstanding any action which may be taken under the
provisions of this Act, any member of the Fire and Rescue Services
who —
(1) is found to be guilty of any violation of duty or willful breach
of any provision of this Act or any rule or order made thereunder; or
(2) is found to be guilty of cowardice; or
ZLWKGUDZV IURP WKH GXWLHV RU UHVLJQV KLV RႈFH ZLWKRXW
permission or without having given previous notice of at least two
months; or
(4) being absent on leave, fails without reasonable cause to
report himself for duty on expiration of such leave; or
DFFHSWVDQ\RWKHUHPSOR\PHQWRURႈFHRUHQJDJHVKLPVHOI
in any business in contravention of the provisions of the Tamil Nadu
Government Servants Conduct Rules, 1973,
shall be punishable with imprisonment which may extend to three
PRQWKVRUZLWK¿QHZKLFKPD\H[WHQGWRDQDPRXQWQRWH[FHHGLQJ
three months pay of such member, or with both.
Penalty for
violation of duty.
39. (1) If any owner or occupier or an association of such owners
or occupiers of a building or premises fails to appoint Fire Safety
Officer under section 33 within thirty days of the receipt of a notice
given in this behalf by the Director or the Fire and Rescue Services
Officer, as the case may be, each one of them shall be deemed to
be in default jointly and severally.
Penalty in case of
non-appointment
of Fire Safety
2ႈFHU
90
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(2) When the person responsible for appointment of Fire Safety
2ႈFHULVGHHPHGWREHLQGHIDXOWDQDPRXQWQRWOHVVWKDQWHQUXSHHV
DQGQRWH[FHHGLQJ¿IW\UXSHHVSHUVTXDUHPHWUHRIDUHDRZQHGRU
occupied by him including the proportionate common areas in the
premises as determined by the Director, may be recovered from him
as of penalty for each month of default or part thereof.
(3) If he fails to pay such penalty, the amount due shall be
recovered as an arrear of land revenue or in such other manner as
may be prescribed.
Liability of
owner to pay
compensation.
40. (1) Any person whose property catches fire on account of his
own action or of his agent done deliberately or negligently shall be
liable to pay compensation to any other person suffering damage to
his property on account of any action taken under section 17.
(2) All claims under sub-section (1) shall be referred to the
Additional District Magistrate of the District, within thirty days from the
date on which the damage was caused.
(3) The Additional District Magistrate, shall, after giving the party
an opportunity of being heard, determine the amount of compensation
payable and pass an order stating the amount of compensation and
the person liable for payment of the same. The order passed under
this sub-section shall have the force of a decree of a Civil Court.
Failure to give
information.
41. Any person who is legally bound to give information
without adequate justification, fails to communicate information in
his possession regarding an outbreak of fire shall be punished with
simple imprisonment for a term which may extend to one month, or
with fine which may extend to five thousand rupees, or with both.
Penalty for
failure to take
precautions.
42. Whoever fails without reasonable cause to comply
with any of the requirements specified in the notification issued
under section 23 shall be liable for a penalty which may extend to
ten thousand rupees and where the contravention continuous after
imposition of penalty with a further penalty which may extend to one
thousand rupees for every day after the imposition of such penalty.
Penalty for willfully
obstructing the
¿UH¿JKWLQJ
or rescue
operations.
43. Any person who willfully obstructs or interferes with any
member of the Tamil Nadu Fire and Rescue Services, who is
engaged in fire-fighting or rescue operation shall be punishable with
imprisonment for a term which may extend to three months, or with
fine which may extend to ten thousand rupees, or with both.
False report.
44. Any person who knowingly gives or causes to be given a
false report of the outbreak of fire to any person authorised to receive
such report by means of a statement, message or otherwise shall
be punishable with imprisonment which may extend to three months
or with fine which may extend to ten thousand rupees, or with both.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
91
45. Whoever contravenes any other provision of this Act or of
any rule or notification made thereunder for which no punishment
is provided for, shall, without prejudice to any other action taken
against him under this Act and the rules made thereunder, liable
for a penalty which may extend to ten thousand rupees and where
the contravention continues after imposition of penalty with a further
penalty which may extend to one thousand rupees for every day
after the imposition of such penalty.
General provision
for penalty for
contraventions.
46. (1) Where an offence under this Act has been committed by a
company, every person who, at the time the offence was committed,
was in charge of, and was responsible to the company for the
conduct of the business of the company as well as the company,
shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render
DQ\VXFKSHUVRQOLDEOHWRDQ\SXQLVKPHQWLIKHSURYHVWKDWWKHRႇHQFH
was committed without his knowledge or that he had exercised all
GXHGLOLJHQFHWRSUHYHQWWKHFRPPLVVLRQRIVXFKRႇHQFH
(2) Notwithstanding anything contained in sub-section (1), where
DQ\RႇHQFHXQGHUWKLV$FWKDVEHHQFRPPLWWHGE\DFRPSDQ\DQG
LWLVSURYHGWKDWWKHRႇHQFHKDVEHHQFRPPLWWHGZLWKWKHFRQVHQW
or connivance of, or is attributable to any neglect on the part, of any
GLUHFWRU PDQDJHU VHFUHWDU\ RU RWKHU RႈFHU RI WKH FRPSDQ\ VXFK
GLUHFWRUPDQDJHUVHFUHWDU\RURWKHURႈFHUVKDOODOVREHGHHPHGWR
EHJXLOW\RIWKDWRႇHQFHDQGVKDOOEHOLDEOHWREHSURFHHGHGDJDLQVW
and punished accordingly.
Explanation. — For the purposes of this section, —
(a) “company” means a body corporate and includes a
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E³'LUHFWRU´LQUHODWLRQWRD¿UPPHDQVDSDUWQHULQWKH
¿UP
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companies.
47. (1) Any offence which is punishable under sections
35,37,41,43 and 44 may either before or after the institution
of prosecution, be compounded by such officers and for
such amount as the Government may, by notification, in the
Tamil Nadu Government Gazette, specify in this behalf:
3URYLGHG WKDW QR RႇHQFH VKDOO EH FRPSRXQGDEOH ZKLFK LV
committed by failure to comply with a notice, order or requisition
LVVXHGE\RURQEHKDOIRIWKH*RYHUQPHQWRURIDQ\RIWKHRႈFHUV
authorised under this Act until the same has been complied with so
far as the compliance is possible.
:KHUHDQRႇHQFHKDVEHHQFRPSRXQGHGXQGHUVXEVHFWLRQ
WKH RႇHQGHU LI LQ FXVWRG\ VKDOO EH GLVFKDUJHG DQG QR IXUWKHU
SURFHHGLQJVVKDOOEHWDNHQDJDLQVWKLPLQUHVSHFWRIVXFKRႇHQFH
Compounding of
RႇHQFHV
92
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Compounding of
contraventions.
48. (1) Any contravention under sections 42 and 45 or any
rules made under this Act may, either before or after the initiation
of adjudication proceeding but before the imposition of penalty be
compounded by such officer as may be authorised in this behalf
by the Government, on payment of such amount as that officer so
authorised, may specify:
Provided that such amount shall not, in any case, exceed the
maximum penalty which may be imposed under this Act for that
contravention so compounded.
(2) Where any contravention has been compounded under
sub-section (1), no other proceeding shall be initiated or continued
under this Act in respect of the contravention so compounded.
Adjudicating
RႈFHU
49. (1) The Government, for the purposes of determining the
penalties under this Act, may, by notification, appoint an officer not
below the rank of District Fire Officer, to be the adjudicating officer,
to hold an inquiry and impose penalty in such manner as may be
prescribed:
Provided that the Government may appoint as many adjudicating
RႈFHUVDVPD\EHUHTXLUHG
7KH DGMXGLFDWLQJ RႈFHU PD\ VXPPRQ DQG HQIRUFH WKH
attendance of any person acquainted with the facts and circumstances
of the case to give evidence or to produce any document, which in the
RSLQLRQRIWKHDGMXGLFDWLQJRႈFHUPD\EHXVHIXOIRURUUHOHYDQWWRWKH
VXEMHFWPDWWHURIWKHLQTXLU\DQGLIRQVXFKLQTXLU\KHLVVDWLV¿HGWKDW
the person concerned has failed to comply with any of the provisions
in the sections referred to in sub-section (1) of section 48 or any rules
PDGHXQGHUWKLV$FWKHPD\LPSRVHVXFKSHQDOW\DVKHGHHPV¿W
Provided that no such penalty shall be imposed without giving
the person concerned a reasonable opportunity of being heard.
Recovery.
50. If the penalty imposed under section 49 is not deposited
in such manner as may be prescribed, the amount due shall be
recovered as an arrear of land revenue or in such other manner as
may be prescribed.
Protection of
action taken in
good faith.
51. No suit, prosecution or other legal proceedings shall lie
against any person for anything which is done in good faith or
intended to be done in pursuance of this Act or any rule or order
made thereunder.
Cognizance of
RႇHQFHV
52. No court shall take cognizance of any offence punishable
under this Act or rules made thereunder, except on a complaint of,
or upon information received from the Director or any other officer
authorised by him in this behalf.
Jurisdiction of
Court.
53. The Court of a Judicial Magistrate shall try any offence
punishable under this Act.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
93
CHAPTER VII.
APPEAL.
54. (1) Any person aggrieved by any notice or order or direction
issued under the provisions of this Act, may prefer an appeal in
such electronic form as may be prescribed, against such notice or
order or direction to the Appellate Authority as may be notified by
the Government in this behalf within thirty days from the date on
which the notice or order or direction is communicated to him and
the Government may appoint as many Appellate Authorities as they
deem fit.
(2) The Appellate Authority, may entertain the appeal after
WKHH[SLU\RIWKHVDLGSHULRGLILWLVVDWLV¿HGWKDWWKHDSSHOODQWZDV
SUHYHQWHGE\VXႈFLHQWFDXVHIURP¿OLQJWKHDSSHDOLQWLPH
(3) The Appellate Authority, after giving a reasonable opportunity
of being heard to the appellant, shall decide the appeal within such
time as may be prescribed.
(4) Pending disposal of an appeal, the Appellate Authority may
GLUHFWWKDWWKHRUGHURUQRWLFHRUGLUHFWLRQVKDOOQRWWDNHHႇHFWXQWLOWKH
appeal is disposed of.
Appeal.
55. (1) The Government or any officer authorised by the
Government by notification in this behalf, may on their or his own
motion or on online application, call for and examine the records in
respect of any order or notice or direction issued under this Act and
pass such orders as they or he may think fit:
Provided that every online application to the Government or the
said authority for the exercise of the powers under this section shall
be preferred within ninety days from the date of order to which the
application relates was communicated to the applicant.
(2) No such order prejudicial to any person shall be made
unless he has been given a reasonable opportunity of making his
representation.
7KH*RYHUQPHQWRUWKHDXWKRULVHGRႈFHUDVWKHFDVHPD\
be, may suspend the said order or notice or direction pending the
exercise of their or his power under sub-section (1).
Revision.
CHAPTER VIII.
LEVY OF FEE AND OTHER CHARGES.
56. (1) Where the employees of the Tamil Nadu Fire and Rescue
Services are sent beyond the limits of this State, in order to extinguish
fire on the request of any State Government or local body or Fire
and Rescue Services authority, such requisitioning authority shall
be liable to pay such fee as may be prescribed by the Government,
from time to time, in this behalf.
(2) The fee referred to in sub-section (1) shall be payable by such
Government or local body or Fire and Rescue Services authority,
as the case may be, within one month of the service of a notice of
demand issued by the Director.
(3) If such authority fails to pay the amount payable under this
Act shall be recovered as an arrear of land revenue or in such other
manner as may be prescribed.
Fee on deployment
of the Tamil Nadu
Fire and Rescue
Services beyond
the limits of
the State and
Recovery of
dues.
94
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
CHAPTER IX.
MISCELLANEOUS.
Reciprocal
¿UH¿JKWLQJ
arrangements
with other Fire
and Rescue
Services.
57. The Director may, with the previous sanction of the
Government, enter into an agreement with any Fire and Rescue
Services or the Authority situated beyond the territorial limits of this
State which maintains such Fire and Rescue Services for providing
personnel or equipment or both, for fire-fighting purposes, on such
terms and conditions as may be provided by such agreement on
reciprocal basis in public interest.
5HTXLVLWLRQRI¿UH
¿JKWLQJSURSHUW\
58. Where the Director or Fire and Rescue Services Officer,
who is in-charge of Fire fighting and rescue operation requires fire-
fighting equipment and appliance or property of any other authority
or any institution or individual, he may, by order, requisition such
equipment or property for the purpose of extinguishing fire or any
other emergencies in any area and take possession thereof from the
said authority or any institution or individual, as the case may be.
Employment on
other duties.
59. It shall be lawful for the Government or any officer authorised
by them in this behalf, to employ the Tamil Nadu Fire and Rescue
Services in any rescue, salvage or other works for which it is suitable
by reason of their training, appliances and equipment.
Power to obtain
information.
60. The Director or members of the Tamil Nadu Fire and Rescue
Services, authorised by the Government by general or special order
in this behalf may, for the purpose of discharging his duties under
this Act, require the owner or occupier of any building or other
property as may be specified to supply information with respect to
the character of such building or other property as may be specified,
the available water supplies and means of access thereto or any
other material particulars, and such owner or occupier shall furnish
all the information in his possession.
Aid and assistance
of Police.
61. In any firefighting or rescue operation or any other duties
related to seizure, detention or removal of any goods involving risk of
fire, it shall be the duty of a Police of all ranks to assist and aid the
Director or such Fire and Rescue Services officer in the discharge
of their duties under this Act.
Provisions as to
existing Fire
Services and
Fire Service
Stations.
62. (1) The Tamil Nadu Fire Service in existence in this State
before the commencement of this Act shall be deemed to be the
Tamil Nadu Fire and Rescue Services established under section 3.
(2) The members of the Tamil Nadu Fire Service or Auxiliary
service in existence at the commencement of this Act shall be
deemed to have been appointed as members of the Tamil Nadu Fire
and Rescue Services under this Act.
(3) The Fire Service Stations, Rescue Service Stations and other
¿HOGIRUPDWLRQVLQH[LVWHQFHDWWKHFRPPHQFHPHQWRIWKLV$FWVKDOOEH
deemed to have been constituted as such under section 8.
(4) All proceedings pending before any member of the Tamil Nadu
Fire Service, immediately before the commencement of this Act shall
be deemed to be proceedings pending before him in his capacity as
WKHKROGHURIWKHRႈFHWRZKLFKKHLVGHHPHGWREHDSSRLQWHGXQGHU
sub-section (2) and shall be dealt with accordingly.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
95
Central Act 45 of
2023.
63. Every member of the Tamil Nadu Fire and Rescue Services,
acting under the provisions of this Act shall be deemed to be a
public servant within the meaning of clause (28) of section 2 of the
Bharatiya Nyaya Sanhita, 2023.
Members to be
public servants.
64. The Government may call for such returns, reports and
statements on any subject connected with fire prevention and
fire safety, rescue operation, the maintenance of order and the
performance of duties by the Director, Fire and Rescue Services
Officers, Operational employees, employees and Subordinate
Operational staff and the same shall be furnished immediately.
Calling of returns,
reports,
statements, etc.
65. (1)
(a) The Government may, by notification, in the
Tamil Nadu Government Gazette, authorise any authority or officer
to exercise any of the powers vested in them by or under this Act
except the power to remove difficulties under section 67 and power
to make rules under section 68 and may, in like manner, withdraw
such authorisation.
(b) The Government shall also have the power to
FRQWURODQGUHYLVHWKHDFWVRUSURFHHGLQJVRIDQ\DXWKRULW\RURႈFHU
so authorised.
(2) (a) The Director may, by order, direct that any power
conferred or any duty imposed on him by or under this Act shall, in
such circumstances and under such conditions, if any, as may be
VSHFL¿HGLQWKHRUGHUEHH[HUFLVHGDQGSHUIRUPHGDOVRE\DQ\RႈFHU
RIWKH)LUHDQG5HVFXH6HUYLFHVVSHFL¿HGLQWKHRUGHU
(b) The Director shall also have the power to control
DQG UHYLVH WKH DFWV RU SURFHHGLQJV RI DQ\ DXWKRULW\ RU RႈFHU VR
empowered.
Delegation of
powers.
66. The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any other law for the time
being in force, in so far as the provisions relating to fire prevention
and life safety are concerned.
Act to have
RYHUULGLQJHႇHFW
DQGHႇHFWRI
other laws.
67. If any difficulty arises in giving effect to any of the provisions
of this Act, the Government may, by an order published in the
Tamil Nadu Government Gazette, make such provisions not
inconsistent with the provisions of this Act, as may appear to them
to be necessary or expedient for the purpose of removing such
difficulty:
Provided that no such order shall be made after the expiry of two
years from the date of commencement of this Act.
Power to remove
GLႈFXOWLHV
96
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Power to make
rules.
68. (1) The Government may make rules to carry out the
purposes of this Act.
(2) (a) All rules made under this Act shall be published in the
Tamil Nadu Government Gazette and unless they are expressed to
come into force on a particular day, shall come into force on the day
on which they are so published.
E7KHQRWL¿FDWLRQLVVXHGXQGHUWKLV$FWVKDOOXQOHVVLWLV
expressed to come into force on a particular day, shall come into force
on the day on which they are so published.
(YHU\UXOHRUQRWL¿FDWLRQPDGHRUWKHRUGHUPDGHXQGHUVHFWLRQ
67 shall, as soon as possible, after it is made or issued, be placed on
the table of the Legislative Assembly, and if, before the expiry of the
session, in which it is so placed or the next session, the Assembly
PDNHVDQ\PRGL¿FDWLRQLQDQ\VXFKUXOHQRWL¿FDWLRQRURUGHURUWKH
$VVHPEO\GHFLGHVWKDWWKHUXOHQRWL¿FDWLRQRURUGHUVKRXOGQRWEH
PDGHRULVVXHGUXOHQRWL¿FDWLRQRURUGHUVKDOOWKHUHDIWHUKDYHHႇHFW
RQO\LQVXFKPRGL¿HGIRUPRUEHRIQRHႇHFWDVWKHFDVHPD\EHVR
KRZHYHUWKDWDQ\VXFKPRGL¿FDWLRQRUDQQXOPHQWVKDOOEHZLWKRXW
prejudice to the validity of anything previously done under that rule,
QRWL¿FDWLRQRURUGHU
Power to give
directions.
69. The Government may, from time to time issue such directions
to the Director, as they may deem fit for giving effect to the provisions
of this Act and it shall be the duty of the Director to comply with such
directions.
Repeal and
savings.
70. (1) The Tamil Nadu Fire Service Act, 1985 (Tamil Nadu Act
40 of 1985) is hereby repealed.
(2) Notwithstanding such repeal, any act or anything done or any
action taken under the said Act shall be deemed to have been done
or taken under this Act and may be continued and completed under
the corresponding provisions of this Act.
Tamil Nadu Act 40
of 1985.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
97
STATEMENT OF OBJECTS AND REASONS.
The Hon’ble Minister for Finance and Human Resources Management, while presenting the Revised
Budget for the year 2021-2022 in the Legislative Assembly on 13.08.2021 has announced that Fires
and various preventable accidents cause considerable human and economic loss and this Government’s
HPSKDVLVZLOOEHRQSUHYHQWLRQRI¿UHVWKURXJKPRUHWHFKQRORJ\EDVHG¿UHVDIHW\HQIRUFHPHQWPHDVXUHV
DQG WKH ORFDWLRQV RI WKH QHZ ¿UH VWDWLRQV ZLOO EH RQ WKH EDVLV RI VFLHQWL¿F PDSSLQJ H[HUFLVH WR UHGXFH
response time. The Minister also announced that the existing Tamil Nadu Fire Service Act, 1985 will
EH WKRURXJKO\ RYHUKDXOHG 7R JLYH HႇHFW WR WKH DERYH DQQRXQFHPHQW WKH *RYHUQPHQW KDYH GHFLGHG
to enact a new legislation for the said purpose, by repealing the Tamil Nadu Fire Service Act, 1985
(Tamil Nadu Act 40 of 1985).
7KH%LOOVHHNVWRJLYHHႇHFWWRWKHDERYHGHFLVLRQ
M.K.STALIN,
Chief Minister.
98
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clauses 1(3), 2(h), 5, 7, 8, 9(2), 10, 11, 13, 14, 15, 16(1), 17, 18, 19, 20, 23, 24, 25, 26, 27, 28, 29, 30,
31, 32, 33, 47, 48, 49(1), 50, 54, 55, 56(1), 60, 65, 67, 68 and 69 of the Bill authorise the Government to issue
QRWL¿FDWLRQVRUGHUVRUWRPDNHUXOHVDVWKHFDVHPD\EHIRUWKHSXUSRVHVVSHFL¿HGWKHUHLQ
2. The powers delegated are normal and not of an exceptional character.
M.K.STALIN,
Chief Minister.
Secretariat,
Chennai,
K. SRINIVASAN,
28th April 2025.
Principal Secretary.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
99
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 28th April 2025 is published together with
Statement of Objects and Resasons for general information:-
L.A Bill No. 14 of 2025
A Bill further to amend the Tamil Nadu Urban Local Bodies
Act, 1998.
%ඍ it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Seventy-sixth Year of the Republic of India as
follows:—
1. (1) This Act may be called the Tamil Nadu Urban Local
Bodies (Second Amendment) Act, 2025.
(2) (a) Sections 2, 3, 5, 7, 10 and 18 shall be deemed to
have come into force on the 13th day of April 2023.
(b) Sections 4,6 and sections 19 to 23 shall come into
force at once.
(c) All remaining sections shall come into force on
VXFKGDWHDVWKH6WDWH*RYHUQPHQWPD\E\QRWL¿FDWLRQDSSRLQW
Short title and
commencement.
Tamil Nadu Act 9
of 1999.
2. In section 4 of the Tamil Nadu Urban Local Bodies Act, 1998
(hereinafter referred to as the principal Act), in sub-section (1-A), in
clause (i), for the expression “the Municipal Corporation of Chennai”,
the expression “the Municipal Corporation of Greater Chennai” shall
be substituted.
Amendment of
section 4.
3. In section 70 of the principal Act,—
(1) to sub-section (1), the following proviso shall be added,
namely:—
“Provided that if there is reasonable cause for not placing the
EXGJHW HVWLPDWH ZLWKLQ WKH VSHFL¿HG SHULRG WKH *RYHUQPHQW PD\
authorise the Commissioner to place the budget estimate before the
council on or before the 20th day of February of that year.”;
(2) to sub-section (3), the following proviso shall be added,
namely:—
“Provided that if there is reasonable cause for not approving
WKHEXGJHWHVWLPDWHZLWKLQWKHVSHFL¿HGSHULRGWKH*RYHUQPHQWPD\
authorise the council to approve the budget estimate on or before the
end of March of that year.”.
Amendment of
section 70.
4. In section 84 of the principal Act, in sub-section (2), for
the expressions “a half-year” and “one per cent”, the expressions
³D¿QDQFLDO\HDU´DQG³KDOISHUFHQW´VKDOOUHVSHFWLYHO\EHVXEVWLWXWHG
Amendment of
section 84.
,Q VHFWLRQ RI WKH SULQFLSDO$FW LQ WKH ¿UVW SURYLVR WR
sub-section (3), for the expression “Chennai City Municipal
Corporation”, the expression “Greater Chennai Municipal Corporation”
shall be substituted.
Amendment of
section 100.
100
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Amendment of
section 102.
6. In section 102 of the principal Act, in sub-section (1), the
expression “not exceeding three years” shall be omitted.
Insertion of new
section 109-A.
7. After section 109 of the principal Act, the following section
shall be inserted, namely:—
“109-A. Registration and licensing of boating activities.—
No boating activity for entertainment shall be carried on in any water
body vested with any municipality without registering the boats
DQG REWDLQLQJ OLFHQFH LQ VXFK PDQQHU DV PD\ EH VSHFL¿HG LQ WKH
bye-laws.”.
Amendment of
section 114-A.
8. In section 114-A of the principal Act, in clause (c), for the
H[SUHVVLRQV³RQFRQYLFWLRQEHIRUHD-XGLFLDO0DJLVWUDWHWRD¿QH´DQG
³VXFK RႇHQFH´ WKH H[SUHVVLRQV ³IRU SHQDOW\´ DQG ³VXFK DFW´ VKDOO
respectively, be substituted.
Amendment of
section 117-Q.
9. In section 117-Q of the principal Act,—
(1) section 117-Q shall be re-numbered as sub-section (1)
of that section and in the proviso to sub-section (1) as so
re-numbered, for the expression “this section”, the expression
“this sub-section” shall be substituted;
(2) after sub-section (1) as so re-numbered, the following
sub-section shall be added, namely:—
“(2) Nothing contained in this Chapter or any rule or order
made thereunder shall apply to any hoarding, digital banner or placard
erected by the State Government, Central Government, municipality
or statutory body or undertaking under the control of State or Central
Government:
Provided that the exemption under this sub-section shall be
subject to such size and nature of the hoarding, digital banner or
placard, as may be prescribed.”.
Insertion of new
sections 126-A
and 126-B.
10. After section 126 of the principal Act, the following sections
shall be inserted, namely:—
“$9DULDWLRQ RU UHYRFDWLRQ RI OLVW RI SDUNV SOD\¿HOGV
and open spaces.— (1) The Government may, at any time, either
suo-motu or at the instance of the municipality concerned or of any
SHUVRQ LQWHUHVWHG YDU\ RU UHYRNH WKH OLVW RI SDUNV SOD\¿HOGV DQG
open spaces published under section 126.
(2) Before making any such variation or revocation, the
Government shall publish in the prescribed manner a draft of such
variation or revocation together with a notice specifying a date on
or after which such draft will be taken into consideration and shall
consider any objection or suggestion which may be received in
respect of such draft from the municipality or any person interested
EHIRUHWKHGDWHVRVSHFL¿HG
% 3URKLELWLRQ RI WKH XVH RI SDUNV SOD\¿HOGV DQG
open spaces in certain cases.—1RSDUNSOD\¿HOGRURSHQVSDFH
VSHFL¿HGLQWKHOLVWSXEOLVKHGXQGHUVHFWLRQVKDOOH[FHSWZLWKWKH
previous sanction of the Government, be used for any purpose other
than the purpose or purposes for which it was used on the date of the
coming into force of this Act.”.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
101
11. In section 178 of the principal Act, in sub-section (3), for the
expression “liable to be punished with the penalty ”, the expression
“liable for the penalty” shall be substituted.
Amendment of
section 178.
12. In section 179-F of the principal Act, for the expressions
³SXQLVKDEOHIRUWKH¿UVWRႇHQFHZLWK¿QH´DQG³VXEVHTXHQWRႇHQFH´
WKHH[SUHVVLRQV³OLDEOHIRUWKH¿UVWFRQWUDYHQWLRQZLWKSHQDOW\´DQG
“subsequent contravention” shall, respectively, be substituted.
Amendment of
section 179-F.
13. In section 179-G of the principal Act, in sub-section (2), for the
H[SUHVVLRQ³VHFRQGRႇHQFH´WKHH[SUHVVLRQ³VHFRQGFRQWUDYHQWLRQ´
shall be substituted.
Amendment of
section 179-G.
14. In section 179-H of the principal Act,—
LQ VXEVHFWLRQ IRU WKH H[SUHVVLRQV ³DQ RႇHQFH´
DQG ³VXFK RႇHQFH´ WKH H[SUHVVLRQV ³D FRQWUDYHQWLRQ´ DQG ³VXFK
contravention” shall, respectively, be substituted;
LQ VXEVHFWLRQ IRU WKH H[SUHVVLRQV ³DQ RႇHQFH´
DQG ³SURVHFXWLRQ LV LQVWLWXWHG IRU VXFK RႇHQFH´ WKH H[SUHVVLRQV
“a contravention” and “adjudication is initiated for such contravention”
shall, respectively, be substituted.
Amendment of
section 179-H.
15. For section 180 of the principal Act, the following section
shall be substituted, namely:—
“180. Penalties.— Save as otherwise provided in this Act,
any person who contravenes any of the provisions of this Act or
the rules, bye-laws or regulations made or any order or direction
issued thereunder, shall be liable for penalty which may extend to
WZHQW\¿YH WKRXVDQG UXSHHV DQG LQ WKH FDVH RI FRQWLQXLQJ
contravention with an additional penalty which may extend to one
thousand rupees for every day during which such contravention
FRQWLQXHVDIWHULPSRVLWLRQRIWKHSHQDOW\IRUWKH¿UVWFRQWUDYHQWLRQRU
FRPSRXQGLQJRIWKH¿UVWFRQWUDYHQWLRQ
Substitution of
section 180.
Insertion of new
sections 180-B,
180-C,180-D
and 180-E.
Provided that in the absence of special and adequate reason to
the contrary to be recorded in writing, the penalty under this section
VKDOOQRWEHOHVVWKDQ¿YHKXQGUHGUXSHHV
16. After section 180-A of the principal Act, the following sections
shall be inserted, namely:—
“180-B. Adjudication.— (1) The Director may, for the purpose of
determining the penalties under sections 114-A, 134, 178, 179-F and
DSSRLQWDQRႈFHUWREHWKHDGMXGLFDWLQJRႈFHUWRKROGDQLQTXLU\
for the contraventions therein and impose penalty, in such manner as
may be prescribed:
Provided that the Director may appoint as many adjudicating
RႈFHUVDVPD\EHUHTXLUHG
102
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
7KHDGMXGLFDWLQJRႈFHUPD\VXPPRQDQGHQIRUFHWKH
attendance of any person acquainted with the facts and circumstances
of the case to give evidence or to produce any document, which in
WKHRSLQLRQRIWKHDGMXGLFDWLQJRႈFHUPD\EHXVHIXOIRURUUHOHYDQW
to, the subject matter of the inquiry and if, on such inquiry, he is
VDWLV¿HGWKDWWKHSHUVRQFRQFHUQHGKDVIDLOHGWRFRPSO\ZLWKDQ\RI
the provisions referred to in sections 114-A, 134, 178, 179-F and 180,
KHPD\LPSRVHVXFKSHQDOW\DVKHGHHPV¿W
Provided that no such penalty shall be imposed without giving
the person concerned a reasonable opportunity of being heard.
180-C. Appeal.— (1) Any person who is aggrieved by an
RUGHU SDVVHG E\ WKH DGMXGLFDWLQJ RႈFHU XQGHU VHFWLRQ % PD\
SUHIHUDQDSSHDOWRWKHDSSHOODWHDXWKRULW\DVPD\EHQRWL¿HGE\WKH
Government, within sixty days from the date of receipt of order, in
such manner as may be prescribed:
Provided that an appeal may be admitted after the expiry of
WKHSHULRGRIVL[W\GD\VLIWKHDSSHOODWHDXWKRULW\LVVDWLV¿HGWKDWWKH
DSSHOODQWKDGVXႈFLHQWFDXVHIRUQRWSUHIHUULQJWKHDSSHDOZLWKLQWKDW
period.
(2) The appellate authority may, after giving the parties to
the appeal an opportunity of being heard, pass such order as he may
WKLQN¿W
(3) The appellate authority shall dispose of the appeal within
VL[W\GD\VIURPWKHGDWHRI¿OLQJRIDSSHDO
180-D. Compounding of contraventions.— (1) Any
contravention under sections 114-A, 134, 178, 179-F and 180 may,
either before or after the initiation of adjudication proceeding but
EHIRUHWKHLPSRVLWLRQRISHQDOW\EHFRPSRXQGHGE\VXFKRႈFHUDV
may be authorised in this behalf by the Director, on payment of such
DPRXQWDVWKDWRႈFHUVRDXWKRULVHGPD\VSHFLI\
Provided that such amount shall not, in any case, exceed the
maximum penalty which may be imposed under this Act for that
contravention so compounded.
(2) Where any contravention has been compounded under
sub-section (1), no other proceeding shall be initiated or continued
under this Act in respect of the contravention so compounded.
180-E. Recovery.— If the penalty imposed under section 180-B
or under section 180-C, as the case may be, is not deposited in such
manner as may be prescribed, the amount due shall be recovered as
an arrear of tax under section 116-A.”.
Insertion of new
section 188-A.
17. After section 188 of the principal Act, the following section
shall be inserted, namely:—
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
103
“188-A. Contravention by companies.— (1) Where a
contravention of any of the provisions of this Act or any rule,
bye-law or regulation made or any order or direction issued thereunder
has been committed by a company, the person who, at the time the
contravention was committed, was in charge of, and was responsible
to, the company for the conduct of the business of the company, as
well as the company, shall be deemed to have contravened and shall
EHOLDEOHIRUDSHQDOW\VSHFL¿HGXQGHUWKLV$FW
Provided that nothing contained in this sub-section shall render
any such person liable to any penalty provided in this Act, if he proves
that the contravention was committed without his knowledge or that
he had exercised all due diligence to prevent such contravention.
(2) Notwithstanding anything contained in sub-section (1),
where any contravention under this Act has been committed by a
company and it is proved that the contravention has been committed
with the consent or connivance of or is attributable to any neglect
RQ WKH SDUW RI DQ\ GLUHFWRU PDQDJHU VHFUHWDU\ RU RWKHU RႈFHU RI
WKHFRPSDQ\VXFKGLUHFWRUPDQDJHUVHFUHWDU\RURWKHURႈFHUVKDOO
also be deemed to have contravened and shall be liable for a penalty
VSHFL¿HGXQGHUWKLV$FW
Explanation.— For the purpose of this section,—
(a) a company means any body corporate and includes a trust, a
¿UPDVRFLHW\RURWKHUDVVRFLDWLRQRILQGLYLGXDOVDQG
(b) “director” in relation to—
L D¿UPPHDQVDSDUWQHULQWKH¿UP
(ii) a society, a trust or other association of individuals,
means the person who is entrusted under the rules of the society,
WUXVWRURWKHUDVVRFLDWLRQZLWKWKHPDQDJHPHQWRIWKHDႇDLUVRIWKH
society, trust or other association, as the case may be.”.
18. In section 198 of the principal Act, in sub-section (3), for
items A and B, the following items shall be substituted, namely:—
“A Group - Municipal Corporation of Greater Chennai;
B Group - Municipal Corporation other than Municipal
Corporation of Greater Chennai and Special
Grade Municipal Councils;”.
Amendment of
section 198.
Insertion of new
section 199-B.
19. After section 199-A of the principal Act, the following section
shall be inserted, namely:—
“199-B. Power to give directions.— The Government may,
from time to time, issue such directions to any municipality or any
PXQLFLSDODXWKRULW\XQGHUWKLV$FWDVWKH\PD\GHHP¿WIRUJLYLQJ
HႇHFWWRWKHSURYLVLRQVRIWKLV$FWDQGLWVKDOOEHWKHGXW\RIVXFK
municipality or municipal authority to comply with such directions.”.
104
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Construction
of reference
to Municipal
Corporation of
Chennai.
20. Reference to “Chennai City Municipal Corporation”, “Municipal
Corporation of Chennai” or “Chennai Municipal Corporation” in any
$FWRULQDQ\UXOHQRWL¿FDWLRQSURFHHGLQJRUGHUUHJXODWLRQE\HODZV
or other instruments made or issued under such Act or under the
principal Act shall be construed as reference to “Municipal Corporation
of Greater Chennai”.
Legal proceedings.
21. Where immediately before the date of commencement of the
principal Act, any legal proceedings are pending in which “Chennai
City Municipal Corporation”, “Municipal Corporation of Chennai” or
“Chennai Municipal Corporation” is a party, “Municipal Corporation
of Greater Chennai” shall be deemed to be substituted as a party in
those proceedings.
Validation of
Government
Order.
22. Notwithstanding anything contained in any judgment, decree
or order of any court or authority, the Government Order issued
in G.O.(Ms)No.152, Municipal Administration and Water Supply
Department, dated the 26th October 2015 shall not be deemed to be
invalid, and shall not be deemed ever to have been invalid, merely on
the ground that the said Government Order is not in accordance with
the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV
of 1919) or the principal Act and all acts, proceedings or things done
or actions taken under the above said Government Order till the date
of 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.
Validation
of certain
proceedings.
23. Notwithstanding anything contained in the principal Act or any
RWKHUODZRURUGHURUQRWL¿FDWLRQIRUWKHWLPHEHLQJLQIRUFHRULQDQ\
judgment, decree or order of any court or other authority, all acts done
or proceedings taken by the council or any authority for not placing
RUDSSURYLQJWKHEXGJHWZLWKLQWKHVSHFL¿HGWLPHRUUHJLVWUDWLRQDQG
OLFHQVLQJRIERDWLQJDFWLYLWLHVRUXVDJHRISDUNVSOD\¿HOGVRURSHQ
spaces other than the purpose for which they are earmarked, with the
sanction of the Government, during the period commencing on the
13th day of April 2023 and ending with the date of 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 principal Act, as amended by this Act,
had been in force at all material times when such acts or proceedings
were done or taken.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
105
STATEMENT OF OBJECTS AND REASONS.
The Government are taking various measures to facilitate ease of doing business. Based on
the representations received, it has been proposed to simplify the procedures for issue of trade
or business licence granted by the Urban Local Bodies under the Tamil Nadu Urban Local Bodies
Act, 1998 (Tamil Nadu Act 9 of 1999). Further, the Government have also proposed to reduce the interest rate
for the belated payment of property tax arrears. Also in furtherance of decriminalisation exercise, it is proposed
WR GHFULPLQDOLVH FHUWDLQ RWKHU PLQRU RႇHQFHV XQGHU WKH $FW E\ SURYLGLQJ DGMXGLFDWLRQ DQG FRPSRXQGLQJ
mechanisms for the purpose. The Government have, therefore decided to amend the Tamil Nadu Act 9 of
1999 suitably for the aforesaid objects.
7KH%LOOVHHNVWRJLYHHႇHFWWRWKHDERYHGHFLVLRQ
K.N.NEHRU,
Minister for Municipal Administration.
106
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
MEMORANDUM REGARDING DELEGATED LEGISLATION.
&ODXVHVFDQGRIWKH%LOODXWKRULVHWKH*RYHUQPHQWWRLVVXHQRWL¿FDWLRQRUWR
make rules or to issue orders and also authorise the council of municipal corporation, municipal council and
WRZQSDQFKD\DWWRPDNHE\HODZVDVWKHFDVHPD\EHIRUWKHSXUSRVHVVSHFL¿HGWKHUHLQ
2. The powers delegated are normal and not of an exceptional character.
K.N.NEHRU,
Minister for Municipal Administration.
Secretariat,
Chennai,
K. SRINIVASAN,
28th April 2025.
Principal Secretary.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
107
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 28th April 2025 is published
together with Statement of Objects and Resasons for general
information:-
L.A Bill No. 15 of 2025
A Bill further to amend the Tamil Nadu Panchayats Act, 1994.
%ඍ it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Seventy-sixth Year of the Republic of India as
follows:—
1.
(1) This Act may be called the Tamil Nadu Panchayats
(Third Amendment) Act, 2025.
(2) It shall come into force on such date as the State
*RYHUQPHQWPD\E\QRWL¿FDWLRQDSSRLQW
Short title and
commencement.
Tamil Nadu Act 21 of
1994.
2. Section 131-A of the Tamil Nadu Panchayats Act, 1994
(hereinafter referred to as the principal Act), shall be omitted.
Omission of
section 131-A.
3. After Chapter IX-A of the principal Act, the following
Chapter shall be inserted, namely:—
CHAPTER IX –B.
REGULATION OF HOARDINGS, DIGITAL BANNERS AND
PLACARDS.
-'H¿QLWLRQV.— In this Chapter,—
(a) “digital banner” means any screen of boards, at any
place, whether public or private used or intended to be used for
exhibiting any advertisement or any information in connection
with marriage, religious ceremony, birth or death anniversary or
meeting or conference of any political, religious or communal
organisation, promotion of business, designed and printed using
electronic printing technology;
(b) “hoarding” means any screen of boards or any other
structure other than digital banner and placard, at any place,
whether public or private used or intended to be used for
exhibiting advertisement, including the frame work or other
support, erected, wholly or in part upon or over any land, building,
wall or structure, or vehicle visible to public wholly or partly;
(c) “placard” means any screen of boards, the size of which
is not exceeding eight feet in height and four feet in breadth, at
any place, whether public or private, used or intended to be used
for exhibiting any advertisement or any information in connection
with marriage, religious ceremony, birth or death anniversary or
meeting or conference of any political, religious or communal
organisation, promotion of business, designed and printed using
electronic printing technology.
Insertion of new
Chapter IX-B.
108
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
198-K. Regulation of erection of hoardings.— (1) Every
person who intends to erect hoarding at any place in a panchayat
village shall register his name with the %ORFN'HYHORSPHQW2ႈFHU
(Village Panchayats) in such form with such fee, as may be
prescribed.
(2) For erection of any hoarding, the registered person
under sub-section (1) shall apply to the Block Development
2ႈFHU9LOODJH3DQFKD\DWVIRUDOLFHQFH
(3) Every application for licence under sub-section
VKDOO EH PDGH WR WKH %ORFN 'HYHORSPHQW 2ႈFHU 9LOODJH
Panchayats) in such form, containing such particulars, with such
application fee, as may be prescribed.
7KH%ORFN'HYHORSPHQW2ႈFHU9LOODJH3DQFKD\DWV
may, after local inspection and on payment of such licence fee
QRWH[FHHGLQJ¿IWHHQWKRXVDQGUXSHHV per square metre per year
as may be prescribed, grant a licence with such conditions as
may be prescribed.
7KH%ORFN'HYHORSPHQW2ႈFHU9LOODJH3DQFKD\DWV
may refuse to grant licence for reasons to be recorded in writing:
Provided that a licence shall not be refused unless
the applicant has been given an opportunity for making his
representation.
(6) Every licence granted under sub-section (4) shall
be valid for such period not exceeding three years and may be
renewed for a period not exceeding the period for which it was
granted.
(7) The fee paid under sub-sections (1), (3) and (4) shall
be credited to the account of Village Panchayat concerned, in
such manner as may be prescribed.
198-L. Regulation of erection of digital banners and
placards.— (1) No digital banner or placard for exhibiting any
advertisement or information shall be erected within the panchayat
village by any person without obtaining prior permission from the
Executive Authority concerned.
(2) Every application for permission under sub-section
VKDOOEHPDGHLQZULWLQJWRWKH([HFXWLYH$XWKRULW\¿IWHHQGD\V
prior to the date of erection of digital banner or placard in such
form, containing such particulars with such fee, not exceeding
one thousand rupees per placard or digital banner as may be
prescribed:
Provided that in case of political event, such application
shall be made at least three days prior to the date of erection of
digital banner or placard.
(3) The permission for erection of digital banner or
placard may be granted for such purpose and for such period,
not exceeding six days and subject to such conditions as may be
VSHFL¿HGE\WKH([HFXWLYH$XWKRULW\
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
109
(4) The Executive Authority may refuse to grant
permission for reasons to be recorded in writing.
(5) Every person who has erected the digital banner or
placard after obtaining the permission, shall, on expiry of such
permission, remove the same and dispose it, without causing
any hazard to health or environment, in such manner as may be
prescribed.
198-M. Power to suspend or cancel licence.— (1) Without
prejudice to any other penalty to which the licensee may be
OLDEOHXQGHUWKLV&KDSWHUWKH%ORFN'HYHORSPHQW2ႈFHU9LOODJH
Panchayats) may, at any time, by order in writing, cancel or
suspend the licence granted or renewed under section 198-K,
if—
(a) such licence has been obtained by fraud,
misrepresentation or suppression of material particulars; or
(b) the licensee has contravened any of the provisions of
this Chapter or the rules made thereunder or any of the condition,
subject to which the licence was granted.
(2)
Before
cancelling
a
licence
under
VXEVHFWLRQ WKH %ORFN 'HYHORSPHQW 2ႈFHU 9LOODJH
Panchayats) shall give the licensee, an opportunity of making his
representation.
198-N. Removal of unauthorised hoardings, digital
banners or placards.— Any hoarding erected without licence
or any digital banner or placard erected without permission, shall
EHFRQ¿VFDWHGDQGUHPRYHGE\WKH%ORFN'HYHORSPHQW2ႈFHU
(Village Panchayats) or the Executive Authority, as the case may
be, without giving any notice and recover the cost of removal
from the person who has erected the unauthorised hoarding,
digital banner or placard, as an arrear of land revenue.
198-O. Removal of hoardings, digital banners or placards
in certain other cases.— (1) Where any hoarding or digital
banner or placard is retained after the expiry of the licence or the
period of permission, as the case may be, or erected contrary to
the conditions of the licence or the permission, as the case may
EHWKH%ORFN'HYHORSPHQW2ႈFHU9LOODJH3DQFKD\DWVRUWKH
Executive Authority concerned, may, by notice in writing, require
the licensee or the permit holder to remove such hoarding or
digital banner or placard within such time as may be prescribed.
(2) Where the hoarding or digital banner or placard is
QRW UHPRYHG ZLWKLQ WKH WLPH VSHFL¿HG LQ WKH QRWLFH WKH %ORFN
'HYHORSPHQW 2ႈFHU 9LOODJH 3DQFKD\DWV RU WKH ([HFXWLYH
Authority, as the case may be, shall, without further notice,
remove the same and recover the cost of removal from the
person concerned as an arrear of land revenue.
110
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
198–P. Exemption.—(1) Nothing contained in this Chapter
shall apply to any hoarding, digital banner or placard on which is
exhibited any advertisement which relates to,—
(a) the trade or business carried on within the land or building
upon or over which such hoarding, digital banner or placard is
erected or to any sale or letting of such land or building or any
HႇHFWVWKHUHLQRUWRDQ\VDOHHQWHUWDLQPHQWRUPHHWLQJWREHKHOG
upon or in such land or building;
(b) the name of the land or building, upon or over which the
hoarding, digital banner or placard is erected or to the name of
the owner or occupier of such land or building:
Provided that the exemption under this sub-section shall be
subject to such size and nature of the hoarding, digital banner or
placard, as may be prescribed.
(2) Nothing contained in this Chapter shall apply to
any hoarding, digital banner or placard erected by the State
Government, Central Government, panchayat or statutory body
or undertaking under the control of State or Central Government:
Provided that the exemption under this sub-section shall be
subject to such size and nature of the hoarding, digital banner or
placard, as may be prescribed.
198–Q. Appeal.— (1) An appeal shall lie to such authority
DV PD\ EH QRWL¿HG E\ WKH *RYHUQPHQW IURP DQ RUGHU RI
refusal to grant or renew a licence, or cancelling or refusing
WR JUDQW SHUPLVVLRQ E\ WKH %ORFN 'HYHORSPHQW 2ႈFHU 9LOODJH
Panchayats) or the Executive Authority, as the case may be,
under this Chapter within thirty days from the date of receipt of
the order.
(2) The appeal shall be in such form and in such manner
and shall be accompanied with such fee, as may be prescribed.
(3) On receipt of such appeal, the appellate authority may,
after making such inquiry as may be necessary and giving a
reasonable opportunity to the appellant to be heard, pass such
RUGHUDVLWGHHPV¿W
198–R. Power to grant rights to advertise in properties
vested with the Panchayats.— (1) Subject to the provisions of
WKH7DPLO1DGX2SHQ3ODFHV3UHYHQWLRQRI'LV¿JXUHPHQW$FW
1959 (Tamil Nadu Act 2 of 1959) or any other law for the time being
LQIRUFHWKH%ORFN'HYHORSPHQW2ႈFHU9LOODJH3DQFKD\DWVRU
the Executive Authority concerned, may grant right to any person
or a class of persons or any institution or organisation to display
advertisement on properties belonging to, or vested with, the
panchayats on payment of such fee as may be prescribed.
(2) Any amount paid to the panchayat under
sub-section(1) shall be in addition to, and distinct from, the fees
to be paid under section 198-K or section 198-L, as the case may
be.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
111
(3) Notwithstanding anything contained in this section,
WKH %ORFN 'HYHORSPHQW 2ႈFHU 9LOODJH 3DQFKD\DWV RU WKH
Executive Authority concerned, may allow any person or a class
of persons or any institution or organisation that maintains a
public asset belonging to, or vested with, the panchayat at its
own cost, to display their own advertisement.
198–S. Prohibition of erection of certain hoardings,
digital banners or placards.— Notwithstanding anything
contained in this Act or in any other law for the time being in force
or in any judgment, decree or order of any court, tribunal or other
authority,—
D L ZKHUH DQ\ KRDUGLQJ RWKHU WKDQ WUDႈF VLJQ DQG
URDG VLJQ YLVLEOH WR WKH WUDႈF RQ WKH URDG LV KD]DUGRXV DQG
GLVWXUEDQFH WR WKH VDIH WUDႈF PRYHPHQW VR DV WR DGYHUVHO\
DႇHFWIUHHDQGVDIHÀRZRIWUDႈFDQGZKLFKLVLQH[LVWHQFHWKH
%ORFN'HYHORSPHQW2ႈFHU9LOODJH3DQFKD\DWVVKDOOE\QRWLFH
in writing, require the licensee or any person in possession of
such hoarding, to remove such hoarding within such time as may
EHVSHFL¿HGLQWKHQRWLFH
3URYLGHG WKDW VXFK WLPH VKDOO QRW EH OHVV WKDQ ¿IWHHQ
days from the date of issue of such notice.
(ii) where the hoarding referred to in sub-clause (i) is
QRW UHPRYHG ZLWKLQ WKH WLPH VSHFL¿HG LQ WKH QRWLFH WKH %ORFN
'HYHORSPHQW2ႈFHU9LOODJH3DQFKD\DWVVKDOOZLWKRXWIXUWKHU
notice, remove such hoarding and recover the cost of removal
from the person concerned as an arrear of land revenue.
E L ZKHUH WKH %ORFN 'HYHORSPHQW 2ႈFHU 9LOODJH
3DQFKD\DWV RU WKH ([HFXWLYH$XWKRULW\ FRQFHUQHG LV VDWLV¿HG
that the erection of any hoarding or the erection of digital banner
RUSODFDUGRWKHUWKDQWUDႈFVLJQDQGURDGVLJQYLVLEOHWRWKH
WUDႈFRQWKHURDGLVKD]DUGRXVDQGGLVWXUEDQFHWRWKHVDIHWUDႈF
PRYHPHQWVRDVWRDGYHUVHO\DႇHFWIUHHDQGVDIHÀRZRIWUDႈF
he shall not grant any licence or permission under section 198-K
or 198–L, as the case may be;
(ii) where any hoarding, or digital banner or placard is
HUHFWHGLQFRQWUDYHQWLRQRIVXEFODXVHLLWVKDOOEHFRQ¿VFDWHG
DQG UHPRYHG E\ WKH %ORFN 'HYHORSPHQW 2ႈFHU 9LOODJH
Panchayats) or the Executive Authority concerned without any
notice and recover the cost of removal from the person concerned
as an arrear of land revenue.
198–T. Penalty.— Whoever contravenes any of the
provisions of this Chapter or any rule or order made thereunder
or obstructs lawful exercise of any power conferred by or under
this Chapter shall be punished with imprisonment for a term
ZKLFKPD\H[WHQGWRWKUHH\HDUVRUZLWK¿QHZKLFKPD\H[WHQGWR
WZHQW\¿YHWKRXVDQGUXSHHVRUZLWKERWK
Provided that whoever erects any digital banner or placard
without the permission of the Executive Authority, shall be
punished with imprisonment for a term which may extend to one
\HDURUZLWK¿QHZKLFKPD\H[WHQGWR¿YHWKRXVDQGUXSHHVRU
with both.”.
112
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Amendment of
section 220.
4. In section 220 of the principal Act, the proviso to sub-
section (2) shall be omitted.
Insertion of new
section 256-A.
5. After section 256 of the principal Act, the following section
shall be inserted, namely:—
“256-A. Power to give directions.— The Government
may, from time to time, issue such directions to any panchayat or
DXWKRULW\XQGHUWKLV$FWDVWKH\PD\GHHP¿WIRUJLYLQJHႇHFWWR
the provisions of this Act and it shall be the duty of such panchayat
or authority to comply with such directions.”.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
113
STATEMENT OF OBJECTS AND REASONS
Section 172-B of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994) empowers
the Government to make rules for the manner of displaying advertisement and the manner of removal of
objectionable advertisement, but the said Act does not have any provision to regulate the erection of hoardings,
digital banners or placards in the rural local bodies.
2. The Government have, therefore, decided to amend the said Tamil Nadu Act 21 of 1994, so as
to regulate the erection of hoardings, digital banners or placards, in the rural local bodies, by inserting a new
chapter for the purpose.
7KH%LOOVHHNVWRJLYHHႇHFWWRWKHDERYHGHFLVLRQ
I. PERIYASAMY,
Minister for Rural Development.
114
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
MEMORANDUM REGARDING DELEGATED LEGISLATION
&ODXVHVDQGRIWKH%LOODXWKRULVHWKH*RYHUQPHQWWRLVVXHQRWL¿FDWLRQRURUGHUVRUWRPDNHUXOHV
IRUWKHSXUSRVHVVSHFL¿HGWKHUHLQ
2. The powers delegated are normal and not of an exceptional character.
I. PERIYASAMY,
Minister for Rural Development.
Secretariat,
Chennai,
K. SRINIVASAN,
28th April 2025.
Principal Secretary.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
115
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 28th April 2025 is published together with
Statement of Objects and Resasons for general information:-
L.A Bill No. 16 of 2025
A Bill further to amend the Tamil Nadu Town and Country
Planning Act, 1971.
%ඍ it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Seventy-sixth Year of the Republic of India as
follows:—
1. (1) This Act may be called the Tamil Nadu Town and Country
Planning (Amendment) Act, 2025.
(2) It shall come into force on such date as the State
*RYHUQPHQWPD\E\QRWL¿FDWLRQDSSRLQW
Short title and
commencement.
Tamil Nadu Act 35
of 1972.
2. In section 2 of the Tamil Nadu Town and Country Planning
Act, 1971 (hereinafter referred to as the principal Act), to clause (48),
the following proviso shall be added, namely:—
³3URYLGHG WKDW EHIRUH LVVXLQJ VXFK QRWL¿FDWLRQ XQGHU WKLV
clause, the Government shall give the inhabitants or local authority
or institution in such area, a reasonable opportunity for showing
cause against the proposal and shall consider their objections or
suggestions, if any.”.
Amendment of
section 2.
3. In
section
9-A
of
the
principal
Act,
in
sub-section (2), after clause (i), the following clause shall be added,
namely:—
³M WKH 0HPEHU6HFUHWDU\ &KHQQDL 8QL¿HG 0HWURSROLWDQ
Transport Authority, H[RFLR´
Amendment of
section 9-A.
116
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Amendment of
section 9-F.
4. In section 9-F of the principal Act, in sub-section (2),—
(1) for clause (a), the following clauses shall be
substituted, namely:—
“(a) the Collector of the District within whose limits the majority
of the Urban Planning Area lies, as the Chairman of the Authority,
H[RFLR
(aa) six persons appointed by the Government of whom—
L
WKUHHVKDOOEHRႈFHUVRIWKH*RYHUQPHQW
(ii) one shall be a member of the State Legislature;
(iii) one shall represent trade and industry in the
Urban Planning Area; and
LY RQHVKDOOEHDQRႈFHUQRWEHORZWKHUDQNRI
Additional Collector of the District within whose limits the majority of
the Urban Planning area lies, who shall be the Member-Secretary.”;
(2) for clause (c), the following clause shall be substituted,
namely:—
“(c) the Chief Planner of the Urban Development Authority or
where there is no Chief Planner, the Senior Planner;”;
(3) after clause (e), the following clauses shall be added,
namely:—
³I RQH H[SHUW LQ WKH ¿HOG RI XUEDQ SODQQLQJ XUEDQ
WUDQVSRUWDWLRQ¿QDQFHRUODZWREHQRPLQDWHGE\WKH*RYHUQPHQW
(g) one representative from an academic institution in
WKH¿HOGRIXUEDQSODQQLQJWREHQRPLQDWHGE\WKH*RYHUQPHQW´
Amendment of
section 9-I.
5. In section 9-I of the principal Act, after clause (21), the
following clause shall be added, namely:–
“(22)
in section 124,—
(a) for the marginal heading, the marginal heading
“Power to make rules in respect of Urban Development Authorities”
shall be substituted;
(b) for sub-section (1), the following sub-section shall
be substituted, namely:–
“(1) The Government may make rules, whether
prospectively or retrospectively, to carry out the purposes of this Act
in respect of Urban Development Authorities.”;
(c) in sub-section (2),—
(i)
for the expression “regulations”, the expression
“rules” shall be substituted;
(ii) for the expression “planning authority”, wherever it
occurs, the expression “Urban Development Authority” shall be
substituted; and
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
117
(iii) after clause (h), the following clauses shall be added,
namely:—
“(i) the duties and functions of the Commissioner of Urban
Development;
M
WKHPDQQHURI¿OLQJRIDSSHDOXQGHUVXEVHFWLRQRI
section 9-K.”;
(d) sub-section (3) shall be omitted.
6. After Chapter II-B of the principal Act, the following Chapter
shall be inserted, namely:—
"CHAPTER II-C.
Commissioner of Urban Development.
9-K. Commissioner of Urban Development.— (1) There shall
EHD&RPPLVVLRQHURI8UEDQ'HYHORSPHQWDVPD\EHQRWL¿HGE\WKH
Government and he shall perform such duties and responsibilities as
may be prescribed.
(2) The Commissioner of Urban Development shall be the
cadre controlling authority for the posts under the Urban Development
Authorities and shall make appointments, postings and transfers to
those posts in such manner as may be prescribed. He shall also make
postings and transfers in respect of such posts in the Metropolitan
'HYHORSPHQW$XWKRULW\DVPD\EHQRWL¿HGE\WKH*RYHUQPHQW
(3) Any person aggrieved by any decision or order of the
Commissioner of Urban Development, may appeal to the Government
within thirty days from the date of receipt of order or direction, in such
manner as may be prescribed.”.
Insertion of new
Chapter II-C.
7. In section 47-A of the principal Act, for sub-sections (1) and
(2), the following sub-sections shall be substituted, namely:—
“(1) Any person intending to carry out any development on
any land in an area other than planning area shall make an application
for permission to the local authority, in such electronic form through the
RQOLQHVLQJOHZLQGRZSRUWDODVPD\EHQRWL¿HGE\WKH*RYHUQPHQWLQWKH
Tamil Nadu Government Gazette along with such documents, as may
be prescribed.
(2) The local authority shall before according permission
under sub-section (1), shall obtain the prior concurrence of the
Director and shall also collect such fees at such rates as may be
prescribed, and such permission shall be accorded in such electronic
form as may be prescribed through the said online single window
portal:
Provided that in the case of wet lands, the prior concurrence of
the District Collector concerned is necessary.”.
Amendment of
section 47-A.
8.
In section 48 of the principal Act, for the expression “written
permission of the appropriate planning authority”, the expression
“permission of the appropriate planning authority granted in such
electronic form, as may be prescribed” shall be substituted.
Amendment of
section 48.
118
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Amendment of
section 49.
9. In section 49 of the principal Act, —
(1) in sub-section (1), for the expression “in writing to
the appropriate planning authority for permission in such form and
containing such particulars and accompanied by such documents
as may be prescribed”, the following expression shall be substituted,
namely:—
“for permission to the appropriate planning authority, in such
electronic form, through the online single window portal referred to
in section 47-A along with such documents and such fee, as may be
prescribed.”;
(2) for sub-section (3), the following sub-section shall be
substituted, namely:—
“(3) When the appropriate planning authority refuses to
grant permission to any person, it shall record the reasons for such
refusal, and communicate the same in such electronic form as may
be prescribed, through the online portal referred to in section 47-A.”.
Insertion of new
section 112-A.
10. After section 112 of the principal Act, the following section
shall be inserted, namely:—
“112-A. Consequences to ensue upon the establishment
of Urban Development Authority.— Notwithstanding anything
FRQWDLQHGLQWKLV$FWZLWKHႇHFWIURPWKHGDWHRQZKLFKWKH8UEDQ
Development Authority is established under the Act, the following
consequences shall ensue, namely:—
(i)
the Urban Development Authority shall be the Planning
Authority for the Urban Planning Area;
(ii) the Urban Development Authority shall exercise the
powers, perform the functions and discharge the duties under this
Act in the Urban Planning Area;
(iii) any local planning authority within the Urban Planning
Area shall stand dissolved and upon such dissolution,—
D DQ\WKLQJ GRQH RU DQ\ DSSRLQWPHQW QRWL¿FDWLRQ
RUGHUVFKHPHE\HODZRUUHJXODWLRQPDGHRULVVXHGDQ\&HUWL¿FDWH
or permission granted by the local planning authority shall be deemed
to have been done, made, issued or granted under the provisions of
this Act by the Urban Development Authority and continue to be in
force until it is superseded by anything done or any action taken by
the Urban Development Authority under the provisions of this Act;
(b) all obligations and liabilities incurred, all contracts
entered into, all matters and things engaged to be done by, with,
or for the local planning authority shall be deemed to have been
incurred, entered into, or engaged to be done by, with, or for the
Urban Development Authority;
(c) all properties movable and immovable and all
interests of whatsoever nature and kind therein vested in the local
planning authority, shall, with all rights of whatsoever description
used, enjoyed or possessed by the local planning authority, vest in
the Urban Development Authority;
(d) all suits, prosecutions and other legal proceedings
instituted or which might have been instituted by or against the local
planning authority may be continued or be instituted by or against the
Urban Development Authority.”.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
119
STATEMENT OF OBJECTS AND REASONS.
The Urban Development Authorities play a vital role in planning, implementing and coordinating
GHYHORSPHQWDFWLYLWLHVLQDVWUXFWXUHGPDQQHUWKHUHE\HႇHFWLYHO\PDQDJLQJKRXVLQJSUREOHPVLQIUDVWUXFWXUH
development and promoting healthier living environments for urban residents. In order to govern the
FRQGLWLRQVRIVHUYLFHRIRႈFHUVDQGVWDႇRIWKHVDLGDXWKRULW\WKH*RYHUQPHQWFRQVLGHUHGLWHVVHQWLDOWRKDYH
Commissioner of Urban Development as a cadre controlling authority.
2. For the Chennai Metropolitan Planning Area, the Chennai Metropolitan Development Authority is
SUHSDULQJDFRPSUHKHQVLYHGHYHORSPHQWVWUDWHJ\LHD0DVWHU3ODQDQGWKH&KHQQDL8QL¿HG0HWURSROLWDQ
Transport Authority (CUMTA) is preparing the comprehensive transport development strategy i.e. the
Comprehensive Mobility Plan. Integration of these two plans is essential to promote economic growth,
inclusivity and orderly development for the Chennai Metropolitan Planning Area. Therefore, it is imperative to
have a representative from CUMTA in CMDA as it will bring synergy of Urban Planning and Transport Planning.
7KH*RYHUQPHQWKDYHWKHUHIRUHGHFLGHGWRLQFOXGHWKH0HPEHU6HFUHWDU\&KHQQDL8QL¿HG0HWURSROLWDQ
7UDQVSRUW$XWKRULW\DVH[RႈFLRPHPEHURIWKH&KHQQDL0HWURSROLWDQ'HYHORSPHQW$XWKRULW\
3. Further, in order to promote transparency in the process of granting building plan permission,
OD\RXW DSSURYDO DQG ODQG XVH UHFODVVL¿FDWLRQ D VLQJOH ZLQGRZ SRUWDO KDV EHHQ GHYHORSHG ZKLFK
integrates various departments and authorities such as Rural Development and Panchayat Raj, Directorate
of Town and Country Planning, Chennai Metropolitan Development Authority, Greater Chennai City Municipal
Corporation, Commissionerate of Municipal Administration and Directorate of Town Panchayat and it was
implemented in a phased manner from 01.05.2022. Accordingly, the Government have decided to amend the
said Act suitably for the said purposes
7KH%LOOVHHNVWRJLYHHႇHFWWRWKHDERYHGHFLVLRQ
S. MUTHUSAMY,
Minister for Housing and
Prohibition & Excise.
120
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
MEMORANDUM REGARDING DELEGATED LEGISLATION
&ODXVHVDQGRIWKH%LOODXWKRULVHWKH*RYHUQPHQWWRPDNHUXOHVRULVVXHQRWL¿FDWLRQDV
WKHFDVHPD\EHIRUWKHSXUSRVHVVSHFL¿HGWKHUHLQ
2.The powers delegated are normal and not of an exceptional character.
S. MUTHUSAMY,
Minister for Housing and
Prohibition & Excise.
Secretariat,
Chennai,
K. SRINIVASAN,
28th April 2025.
Principal Secretary.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
121
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 28th April 2025 is published together with
Statement of Objects and Resasons for general information:-
L.A Bill No. 17 of 2025
A Bill further to amend the Tamil Nadu Goods and Services
Tax Act, 2017.
Bඍ it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Seventy-sixth Year of the Republic of India as
follows:—
1.
(1) This Act may be called the Tamil Nadu Goods and
Services Tax ( Amendment) Act, 2025.
(2) (i) Clause (i) of section 5 and section 14 shall be
deemed to have come into force on the 1st day of July 2017.
(ii) Clause (i) of section 2 and section 6 shall be deemed to
have come into force on the 1st day of April 2025.
(iii) All remaining sections shall come into force on such
GDWHDVWKH6WDWH*RYHUQPHQWPD\E\QRWL¿FDWLRQDSSRLQW
Short title and
commencement.
Tamil Nadu Act 19
of 2017.
2.
In the Tamil Nadu Goods and Services Tax Act, 2017
(hereinafter referred to as the principal Act), in section 2,––
(i)
in clause (61), after the expression “section 9”, the
expression “of this Act or under sub-section (3) or sub-section (4)
of section 5 of the Integrated Goods and Services Tax Act, 2017
(Central Act 13 of 2017)” shall be inserted;
(ii) in clause (69),–
(a) in sub-clause (c), after the expression “management
of a municipal”, the expression “fund” shall be inserted;
(b) after sub-clause (c), the following Explanation shall
be inserted, namely:––
Amendment of
section 2.
“Explanation.–– For the purposes of this sub-clause—
(a) “local fund” means any fund under the control or
management of an authority of a local self-government established
for discharging civic functions in relation to a Panchayat area and
vested by law with the powers to levy, collect and appropriate any
tax, duty, toll, cess or fee, by whatever name called;
(b) “municipal fund” means any fund under the control
or management of an authority of a local self-government established
for discharging civic functions in relation to a Metropolitan area or
Municipal area and vested by law with the powers to levy, collect and
appropriate any tax, duty, toll, cess or fee, by whatever name called;”;
(iii) after clause (116), the following clause shall be inserted,
namely:–
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XQLTXHLGHQWL¿FDWLRQPDUNLQJUHIHUUHGWRLQFODXVHERIVXEVHFWLRQ
(2) of section 148A and includes a digital stamp, digital mark or any
other similar marking, which is unique, secure and non-removable;”.
122
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Amendment of
section 12.
3.
In section 12 of the principal Act, sub-section (4) shall be
omitted.
Amendment of
section 13.
4.
In section 13 of principal Act, sub-section (4) shall be
omitted.
Amendment of
section 17.
5.
In section 17 of the principal Act, in sub-section (5),
in clause (d),––
(i)
for the expression “plant or machinery”, the expression
“plant and machinery” shall be substituted;
(ii) the Explanation shall be re-numbered as Explanation
1 thereof, and after Explanation 1 as so re-numbered, the following
Explanation shall be inserted, namely:––
“Explanation 2.–– For the purposes of clause (d), it is hereby
FODUL¿HG WKDW QRWZLWKVWDQGLQJ DQ\WKLQJ WR WKH FRQWUDU\ FRQWDLQHG
in any judgment, decree or order of any court, tribunal, or other
authority, any reference to “plant or machinery” shall be construed
and shall always be deemed to have been construed as a reference
to “plant and machinery”;”.
Amendment of
section 20.
6.
In section 20 of the principal Act, —
(i)
in sub-section (1), after the expression “section 9”, the
expression, “of this Act or under sub-section (3) or sub-section (4)
of section 5 of the Integrated Goods and Services Tax Act, 2017
(Central Act 13 of 2017)” shall be inserted;
(ii) in sub-section (2), after the expression “section 9”,
the expression “of this Act or under sub-section (3) or sub-section
(4) of section 5 of the Integrated Goods and Services Tax Act, 2017
(Central Act 13 of 2017)” shall be inserted.
7.
In section 34 of the principal Act, in sub-section (2), for the
proviso, the following proviso shall be substituted, namely:––
“Provided that no reduction in output tax liability of the
supplier shall be permitted, if the––
(i)
input tax credit as is attributable to such a credit note, if
availed, has not been reversed by the recipient, where such recipient
is a registered person; or
(ii) incidence of tax on such supply has been passed on to
any other person, in other cases.”.
Amendment of
section 34.
8.
In section 38 of the principal Act,–
(i)
in sub-section (1), for the expression “an auto-generated
statement”, the expression “a statement” shall be substituted;
(ii) in sub-section (2),–
(a) for the expression “auto-generated statement
under”, the expression “statement referred in” shall be substituted;
(b) in clause (a), the expression “and” shall be omitted;
(c) in clause (b), after the expression “by the recipient,”,
the expression “including” shall be inserted;
(d) after clause (b), the following clause shall be
inserted, namely:—
“(c) such other details as may be prescribed.”.
Amendment of
section 38.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
123
9.
In section 39 of the principal Act, in sub-section (1), for the
expression “and within such time”, the expression “within such time,
and subject to such conditions and restrictions” shall be substituted.
Amendment of
section 39.
10. In section 107 of the principal Act, in sub-section (6), for the
proviso, the following proviso shall be substituted, namely:––
“Provided that in case of any order demanding penalty
ZLWKRXWLQYROYLQJGHPDQGRIDQ\WD[QRDSSHDOVKDOOEH¿OHGDJDLQVW
such order unless a sum equal to ten per cent. of the said penalty has
been paid by the appellant.”.
Amendment of
section 107.
11. In section 112 of the principal Act, in sub-section (8), the
following proviso shall be inserted, namely:––
“Provided that in case of any order demanding penalty
ZLWKRXWLQYROYLQJGHPDQGRIDQ\WD[QRDSSHDOVKDOOEH¿OHGDJDLQVW
such order unless a sum equal to ten per cent. of the said penalty, in
addition to the amount payable under the proviso to sub-section (6)
of section 107 has been paid by the appellant.”.
Amendment of
section 112.
Insertion of new
section 122B.
12. After section 122A of the principal Act, the following section
shall be inserted, namely:—
“122B. Penalty for failure to comply with track and trace
mechanism.— Notwithstanding anything contained in this Act, where
any person referred to in clause (b) of sub-section (1) of section 148A
acts in contravention of the provisions of the said section, he shall,
in addition to any penalty under Chapter XV or the provisions of this
Chapter, be liable to pay a penalty equal to an amount of one lakh
rupees or ten per cent. of the tax payable on such goods, whichever
is higher.”.
Insertion of new
section 148A.
13. After section 148 of the principal Act, the following section
shall be inserted, namely:––
“148A. Track and trace mechanism for certain
goods.—
(1) The Government may, on the recommendations of
WKH&RXQFLOE\QRWL¿FDWLRQVSHFLI\²
(a) the goods;
(b) persons or class of persons who are in possession
or deal with such goods,
to which the provisions of this section shall apply.
(2) The Government may, in respect of the goods referred to
in clause (a) of sub-section (1),–
D SURYLGHDV\VWHPIRUHQDEOLQJDႈ[DWLRQRIXQLTXH
LGHQWL¿FDWLRQ PDUNLQJ DQG IRU HOHFWURQLF VWRUDJH DQG DFFHVV RI
information contained therein, through such persons, as may be
prescribed; and
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goods, including the information to be recorded therein.
124
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(3) The persons referred to in sub-section (1), shall,–
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XQLTXH LGHQWL¿FDWLRQ PDUNLQJ FRQWDLQLQJ VXFK LQIRUPDWLRQ DQG LQ
such manner;
(b) furnish such information and details within such
time and maintain such records or documents, in such form and
manner;
(c) furnish details of the machinery installed in the
place of business of manufacture of such goods, including the
LGHQWL¿FDWLRQFDSDFLW\GXUDWLRQRIRSHUDWLRQDQGVXFKRWKHUGHWDLOV
or information, within such time and in such form and manner;
(d) pay such amount in relation to the system referred
to in sub-section (2),
as may be prescribed.”.
14. In Schedule III of the principal Act,–
(i)
in paragraph 8, after clause (a), the following clause
shall be inserted, namely:—
“(aa) Supply of goods warehoused in a Special
Economic Zone or in a Free Trade Warehousing Zone to any person
EHIRUHFOHDUDQFHIRUH[SRUWVRUWRWKH'RPHVWLF7DULႇ$UHD´
(ii) in Explanation 2, after the expression “For the purposes
of”, the expression, “clause (a) of” shall be inserted;
(iii) after Explanation 2, the following Explanation shall be
inserted, namely:––
“Explanation 3.–– For the purposes of clause (aa)
of paragraph 8, the expressions “Special Economic Zone”, “Free
7UDGH:DUHKRXVLQJ=RQH´DQG³'RPHVWLF7DULႇ$UHD´VKDOOKDYHWKH
same meanings, respectively, as assigned to them in section 2 of the
Special Economic Zones Act, 2005(Central Act 28 of 2005).”.
Amendment of
Schedule III.
15. No refund shall be made of all such tax which has been
collected, but which would not have been so collected, had section
14 been in force at all material times.
No refund of tax
collected.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
125
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 55th meeting, among others, recommended amendments
to the Central Goods and Services Tax Act, 2017 (Central Act 12 of 2017) and to give
HႇHFW WR WKH VDLG UHFRPPHQGDWLRQV WKH &HQWUDO *RRGV DQG 6HUYLFHV 7D[ $FW KDV
been amended vide sections 121 to 134 of the Finance Act 2025 (Central Act 7 of 2025).
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.
7KH%LOOVHHNVWRJLYHHႇHFWWRWKHDERYHGHFLVLRQ
P.MOORTHY,
Minister for Commercial Taxes and
Registration.
126
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
MEMORANDUM REGARDING DELEGATED LEGISLATION
&ODXVHVLLLLLDQGRIWKH%LOODXWKRULVHWKH*RYHUQPHQWWRLVVXHQRWL¿FDWLRQRUWRPDNHUXOHV
IRUWKHSXUSRVHVVSHFL¿HGWKHUHLQ
2.
The powers delegated are normal and not of an exceptional character.
P.MOORTHY,
Minister for Commercial Taxes and
Registration.
Secretariat,
Chennai,
K. SRINIVASAN,
28th April 2025.
Principal Secretary.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
127
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 28th April 2025 is published together with
Statement of Objects and Resasons for general information:-
L.A Bill No. 18 of 2025
A Bill Further To Amend The Registration Act, 1908, In Its
Application To The State Of Tamil Nadu.
%ඍ it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Seventy-sixth Year of the Republic of India as
follows:—
1. (1) This Act may be called the Registration (Tamil Nadu
Amendment) Act, 2025.
Short title,
extent and
commencement.
(2) It extends to whole of the State of Tamil Nadu.
(3) It shall come in to force at once.
Central Act XVI of
1908
2. After section 34-B of the Registration Act, 1908, the following
section shall be inserted, namely:—
Insertion of new
Section 34-C.
“34-C. Production of Original documents.— Notwithstanding anything
FRQWDLQHGLQDQ\RWKHUODZIRUWKHWLPHEHLQJLQIRUFHWKHUHJLVWHULQJRႈFHU
before whom a document relating to immovable property is presented for
registration shall not register the same, unless the executant produces the
previous original document by which the right over the subject property was
DFTXLUHGE\KLPDORQJZLWKWKH(QFXPEUDQFH&HUWL¿FDWHSHUWDLQLQJWRWKH
subject property obtained within ten days before the date of presentation:
Provided that where an encumbrance as to subsisting mortgage, exists
RYHUWKHSURSHUW\WKHUHJLVWHULQJRႈFHUVKDOOQRWUHJLVWHUVXFKGRFXPHQW
XQOHVVD1R2EMHFWLRQ&HUWL¿FDWHLVREWDLQHGIURPWKHPRUWJDJHH
Provided further that where an agreement for sale has been executed in
respect of the subject property and it has not been performed, the registering
authority shall not register such document unless the period of limitation for
¿OLQJDVXLWIRUVSHFL¿FSHUIRUPDQFHRIWKHDERYHDJUHHPHQWKDVODSVHG
Provided also that where the subject property is ancestral one and the
SUHYLRXVRULJLQDOGRFXPHQWLVQRWDYDLODEOHWKHUHJLVWHULQJRႈFHUVKDOOQRW
register such document, unless the patta issued by the Revenue Department
in respect of that property is produced:
Provided also that if the previous original document is lost, the
UHJLVWHULQJ RႈFHU VKDOO QRW UHJLVWHU VXFK GRFXPHQW XQOHVV QRQWUDFHDEOH
&HUWL¿FDWH LVVXHG E\ WKH 3ROLFH GHSDUWPHQW DORQJ ZLWK WKH DGYHUWLVHPHQW
published in the local Newspaper giving the notice of loss of the previous
original document are produced:
Provided also that production of the previous original document shall
not be necessary for a document in which the Government or a statutory
ERG\LVWKHH[HFXWDQWRUIRUVXFKFODVVHVRIGRFXPHQWVDVPD\EHQRWL¿HG
by the State Government, from time to time.”
128
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
STATEMENT OF OBJECTS AND REASONS.
In order to safeguard public from the perils caused due to fraud, forgery and impersonation in the registration of
documents relating to immovable properties, rule 55-A has been inserted in the Tamil Nadu Registration Rules, 1949 by
invoking section 69 of the Registration Act, 1908 (Central Act XVI of 1908). The said rule 55-A mandates that the original
title deed or other records specified therein shall be produced at the time of registration of the documents relating to
immovable properties. The limited purpose of the said rule is to ascertain as to whether the person executing the document
possess a title over the immovable property to be registered and the said rule is made with an intent to avoid fraudulent
transactions.
2. However, the Supreme Court of India, in its Judgement, dated 07.04.2025 has held that the rule making power
under section 69 cannot be exercised to make a rule that is inconsistent with the provisions of the 1908 Act and accordingly,
the Supreme Court has declared rule 55-A (i) of the said Rules as ultra-vires to the said Central Act XVI of 1908.
3. In the said circumstances, in order to achieve the object behind the said rule 55-A by giving legal sanctity thereto and
thereby to protect the interests of the public, who may be affected by fraud, forgery and impersonation in the registration of
documents, the Government have decided to incorporate suitable provisions in the said Central Act XVI of 1908 by way of
a State amendment.
4.The Bill seeks to give effect to the above decision.
P. MOORTHY,
Minister for Commercial Taxes and Registration.
Secretariat,
Chennai,
K. SRINIVASAN,
28th April 2025.
Principal Secretary.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
129
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 28th April 2025 is published together with
Statement of Objects and Resasons for general information:-
L.A Bill No. 19 of 2025
A Bill to provide for the establishment and incorporation of a
University at Kumbakonam.
%ඍ it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Seventy-sixth year of the Republic of India as
follows:—
CHAPTER – I.
PRELIMINARY.
1. (1) This Act may be called the Kalaignar University Act,
2025.
Short title, extent,
application and
commencement.
(2) It extends to the area comprising the districts of Ariyalur,
Nagapattinam, Thanjavur and Tiruvarur in the State of Tamil Nadu.
(3) It applies to all colleges and institutions situate within the
8QLYHUVLW\ DUHD DQG PDLQWDLQHG E\ DႈOLDWHG WR RU DSSURYHG E\
the University in accordance with the provisions of this Act and the
statutes, ordinances and regulations made thereunder and also to all
FROOHJHVDQGLQVWLWXWLRQVGHHPHGWREHDႈOLDWHGWRRUDSSURYHGE\
the University under this Act.
(4) It shall come into force on such date as the Government may,
E\QRWL¿FDWLRQDSSRLQW
2. In this Act, unless the context otherwise requires,—
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8QLYHUVLW\DUHDDQGDႈOLDWHGWRWKH8QLYHUVLW\DQGSURYLGLQJFRXUVHVRI
study for admission to the examinations for degrees of the University
DQGLQFOXGHVDFROOHJHGHHPHGWREHDႈOLDWHGWRWKH8QLYHUVLW\XQGHU
this Act;
E³DSSRLQWHGGDWH´PHDQVWKHGDWHVSHFL¿HGLQWKHQRWL¿FDWLRQ
issued under sub-section (4) of section 1;
(c) “approved college” means any college situate within the
University area and approved by the University and providing courses
of study for admission to the examinations for titles and diplomas of
the University and includes a college deemed to be approved by the
University under this Act;
(d) “autonomous college” means any college designated as an
autonomous college by the statutes;
(e) “college” means any college or institution maintained or
DSSURYHGE\RUDႈOLDWHGWRWKH8QLYHUVLW\DQGSURYLGLQJFRXUVHVRI
study for admission to the examinations of the University;
(f) “Government” means the State Government;
130
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(g) “Government college” means every college and institution
VSHFL¿HGLQWKH6FKHGXOH
(h) “hostel” means a unit of residence for the students of the
University maintained or recognised by the University in accordance
with the provisions of this Act and includes a hostel deemed to be
recognised by the University under this Act;
(i) “post-graduate college” means a University college or an
DႈOLDWHGFROOHJHVLWXDWHZLWKLQWKH8QLYHUVLW\DUHDDQGSURYLGLQJSRVW
graduate courses of study leading upto the post-graduate degrees of
the University;
(j) “prescribed” means prescribed by the statutes, ordinances or
regulations;
(k) “Principal” means the head of a college;
(l) “Schedule” means the Schedule appended to this Act;
(m) “statutes”, “ordinances” and “regulations” means, respectively,
the statutes, ordinances and regulations of the University made or
continued in force under this Act;
(n) “teachers” means such Assistant Professors, Associate
Professors, Professors, Deans, Directors and other like persons
JLYLQJLQVWUXFWLRQLQ8QLYHUVLW\FROOHJHVRUODERUDWRULHVLQDႈOLDWHGRU
approved colleges, or in hostels, and librarians as may be declared
by the statutes to be teachers;
(o) “teachers of the University” means persons appointed by the
University to give instructions on its behalf;
(p) “University” means the Kalaignar University;
(q) “University area” means the area to which this Act extends
under sub-section (2) of section 1.
(r) “University centre” means any area within the University area
containing one or more departments or colleges competent to engage
in higher teaching and research work;
(s) “University college” means a college located within or outside
the University campus and established or maintained by the University
for providing courses of study qualifying students for admission to the
examination in accordance with the regulations;
(t) “University Grants Commission” means the commission
established under section 4 of the University Grants Commission Act,
1956;
Central Act 3 of
1956.
(u) “University laboratory” means a laboratory maintained by the
University whether instituted by it or not, and intended for the carrying
on and advancement of research work;
(v) “University Assistant Professor”, “University Associate
Professor” or “University Professor” means a Assistant Professor, or
Associate Professor or Professor, respectively, appointed or deemed
to be appointed as such by the University;
(w) “University library” means a library maintained by the
University, whether instituted by it or not.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
131
CHAPTER II.
THE UNIVERSITY.
3. (1) There shall be established a University by the name “the
Kalaignar University”.
The University.
(2) The University shall be a body corporate, shall have perpetual
succession and a common seal and shall sue and be sued by the said
name.
(3) The headquarters of the University shall be located within the
limits of the Kumbakonam City Municipal Corporation or in any place
ZLWKLQWKHUDGLXVRIWZHQW\¿YHNLORPHWHUVDURXQGWKRVHOLPLWV
4. The University shall have the following objects and powers,
namely:—
Objects and
powers of
University.
(1) to provide for instruction and training in such branches of
learning as it may determine;
(2) to provide for research and for the advancement and
dissemination of knowledge;
(3) to institute degrees, titles, diplomas and other academic
distinctions;
(4) to hold examinations and to confer degrees, titles, diplomas
and other academic distinctions on persons who—
(a) shall have pursued an approved course of study in a
8QLYHUVLW\FROOHJHRUODERUDWRU\RULQDQDႈOLDWHGRUDSSURYHGFROOHJH
unless exempted therefrom in the manner prescribed by the statutes
and shall have passed the prescribed examinations of the University;
or
(b) shall have carried on research under conditions
prescribed;
(5) to confer degrees, titles, diplomas and other academic
distinctions on persons who shall have pursued an approved course
of study in an autonomous college;
(6) to hold examinations and to confer degrees, titles, diplomas
and other academic distinctions on persons who shall have pursued
an approved course of study by correspondence, whether residing
within the University area or not and to provide such lectures and
instructions for persons not being residents within the University area
under conditions prescribed;
(7) to confer honorary degrees or other academic distinctions
under conditions prescribed;
(8) to institute, maintain and manage institutes of research,
University colleges and laboratories, libraries, museums and other
institutions necessary to carry out the objects of the University;
WRDႈOLDWHFROOHJHVWRWKH8QLYHUVLW\DVDႈOLDWHGSURIHVVLRQDO
or post graduate colleges under conditions prescribed and to withdraw
WKHDႈOLDWLRQV
132
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
3URYLGHGWKDWQRFROOHJHVKDOOEHDႈOLDWHGWRWKH8QLYHUVLW\XQOHVV
the permission of the Government to establish such college has been
obtained and the terms and conditions, if any, of such permission
have been complied with;
(10) to approve colleges providing courses of study for admission
to the examinations for titles and diplomas of the University under
conditions prescribed and to withdraw such approval:
Provided that no institution shall be approved by the University
unless the permission of the Government to establish such institution
has been obtained and the terms and conditions, if any, of such
permission have been complied with;
(11) to designate any college as an autonomous college with the
concurrence of the Government, in the manner and under conditions
prescribed and to cancel such designation;
(12)
to
institute
Assistant
Professorships,
Associate
Professorships, Professorships and any other teaching posts
required by the University and to appoint persons to such Assistant
Professorships, Associate Professorships, Professorships and other
teaching posts;
(13) to institute and award fellowships, travelling fellowships,
scholarships, studentships, bursaries, exhibitions, medals and prizes
in accordance with the statutes;
(14) to establish, maintain and manage hostels, to recognise
hostels not maintained by the University and to withdraw recognition
therefrom;
(15) to exercise such control over the students of the University
through the colleges, as will secure their health and well-being and
discipline;
(16) to hold and manage endowments and other properties and
funds of the University;
(17) to borrow money, with the approval of the Government, on
the security of the property of the University for the purposes of the
University;
WR¿[IHHVDQGWRGHPDQGDQGUHFHLYHVXFKIHHVDVPD\EH
prescribed;
(19) to make grants from the funds of the University for the
maintenance of the National Cadet Corps;
(20) to institute and maintain a University Extension Board;
(21) to institute and provide funds for the maintenance of,—
a publication bureau;
an employment bureau;
students’ unions;
University athletic clubs; and
other similar associations;
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
133
(22) to encourage co-operation among the colleges, laboratories
and institutes in the University area and co-operate with other
Universities and other authorities in such manner and for such
purposes as the University may determine;
(23) to conduct evaluation or inspection of the colleges at
required interval and to take suitable action as prescribed, to improve
academic excellence of the colleges;
WRPRQLWRUDFDGHPLFDOO\WKHDႈOLDWHGFROOHJHVDQGSUHVFULEH
the control mechanism to achieve academic excellence; and
(25) generally to do all such other acts and things as may be
necessary or desirable to further the objects of the University.
5. (1) No college within the University area shall be affiliated to
any University other than the Kalaignar University.
Colleges not to be
DႈOLDWHGWRDQ\
other University
and recognition
of institutions by
University.
1RLQVWLWXWLRQDႈOLDWHGWRRUDVVRFLDWHGZLWKRUPDLQWDLQHG
by any other University in the State of Tamil Nadu shall be recognised
by the University for any purpose except with the prior approval of the
Government and the University concerned.
6. (1) The University shall, subject to the provisions of this Act
and the statutes, be open to all persons.
Admission to
University.
(2) Nothing contained in sub-section (1) shall require the
University—
(a) to admit to any course of study any person who does not
SRVVHVVWKHSUHVFULEHGDFDGHPLFTXDOL¿FDWLRQRUVWDQGDUG
(b) to retain on the rolls of the University any student whose
academic record is below the minimum standard required for the
award of a degree, diploma or other academic distinction; or
(c) to admit any person or retain any student whose conduct
is prejudicial to the interests of the University or the rights and
privileges of other students and teachers.
7. (1) The Government shall have the right to cause an
inspection or inquiry to be made, by such person or persons as
it may direct, of the University, its buildings, laboratories, libraries,
museums, workshops and equipment and of any institution
maintained, recognised and other work conducted or done by the
University and to cause an inquiry to be made in respect of any
matter connected with the University.
Visitation.
(2) The Government shall in every case give notice to the
University of their intention to cause such inspection or inquiry to be
made and the University shall be entitled to be represented thereat.
(3) The Government shall communicate to the University their
views with reference to the results of such inspection or inquiry and
may, after ascertaining the opinion of the University thereon, advise
WKH8QLYHUVLW\XSRQWKHDFWLRQWREHWDNHQDQG¿[DWLPHOLPLWIRUWDNLQJ
such action.
134
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
7KH8QLYHUVLW\VKDOOZLWKLQWKHWLPHVR¿[HGUHSRUWWRWKH
Government the action, if any, which is proposed to be taken or has
been taken, upon the results of such inspection or inquiry or on the
advice tendered by the Government. Such report shall be submitted
within such time as the Government may direct.
(5) Where the University does not take action to the satisfaction
of the Government within a reasonable time, the Government may,
after considering any explanation furnished or representation made
E\ WKH 8QLYHUVLW\ LVVXH VXFK GLUHFWLRQV DV WKH\ PD\ WKLQN ¿W DQG
the University shall comply with such directions. In the event of the
University not complying with such directions within such time as may
EH¿[HGLQWKDWEHKDOIE\WKH*RYHUQPHQWWKH*RYHUQPHQWVKDOOKDYH
power to appoint any person or body to comply with such directions
and make such orders as may be necessary for the expenses thereof.
CHAPTER – III.
OFFICERS OF UNIVERSITY.
2ႈFHUVRI
University.
8. The University shall consist of the following officers, namely:—
(1) The Chancellor;
(2) The Pro-Chancellor;
(3) The Vice-Chancellor;
(4) The Registrar;
(5) The Dean;
7KH)LQDQFH2ႈFHU
(7) The Controller of Examinations; and
(8) Such other persons as may be declared by the statutes to be
RႈFHUVRIWKH8QLYHUVLW\
Chancellor.
9. (1) The Chief Minister of the State of Tamil Nadu shall be
the Chancellor of the University. He shall, by virtue of his office, be
the head of the University and shall, when present, preside at any
convocation of the University and confer degrees, titles, diplomas or
other academic distinctions upon persons entitled to receive them.
(2) Where power is conferred upon the Chancellor to nominate
persons to the authorities, the Chancellor shall, to the extent
necessary nominate persons to represent interests not otherwise
adequately represented.
(3) The Chancellor may, of his own motion or on application call
IRUDQGH[DPLQHWKHUHFRUGRIDQ\RႈFHURUDXWKRULW\RIWKH8QLYHUVLW\
in respect of any proceeding to satisfy himself as to the regularity
of such proceeding or the correctness, legality or propriety of any
decision taken or order passed therein and, if, in any case, it appears
WRWKH&KDQFHOORUWKDWDQ\VXFKGHFLVLRQRURUGHUVKRXOGEHPRGL¿HG
annulled, reversed or remitted for reconsideration, he may pass
orders accordingly:
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
135
Provided that every application to the Chancellor for the exercise
of the powers under this section shall be preferred within three months
from the date on which the proceedings, decision or order to which
the application relates was communicated to the applicant:
Provided further that no order prejudicial to any person shall be
passed unless such person has been given an opportunity of making
his representation.
(4) No honorary degree or other distinction shall be conferred
by the University upon any person without the prior approval of the
Chancellor.
(5) The Chancellor shall exercise such other powers and perform
such other duties as may be conferred on him by or under this Act.
10. (1) The Minister-in-charge of the portfolio of Higher Education
shall be the Pro-Chancellor of the University.
Pro-Chancellor.
(2) The Pro-Chancellor shall exercise such powers and perform
such duties as may be conferred on him by or under this Act.
(3) In the absence of the Chancellor or during the Chancellor’s
inability to act, the Pro-Chancellor shall exercise all the powers and
perform all the duties of the Chancellor.
11. (1) Every appointment of the Vice-Chancellor shall be made
by the Chancellor from out of a panel of three names recommended
by the Committee referred to in sub-section (2). Such panel shall not
contain the name of any member of the said Committee:
Vice-Chancellor.
Provided that if the Chancellor does not approve any of the
persons in the panel so recommended by the Committee, he may take
steps to constitute another Committee in accordance with sub-section
WRJLYHDIUHVKSDQHORIWKUHHGLႇHUHQWQDPHVDQGVKDOODSSRLQW
one of the persons named in the fresh panel as Vice-Chancellor.
(2) For the purpose of sub-section (1), the Committee shall
consist of—
(i) a nominee of the Chancellor, who shall be a retired
Judge of the Supreme Court or any High Court or an eminent
educationist;
(ii) a nominee of the Government, who shall be a retired
RUVHUYLQJRႈFHURIWKH*RYHUQPHQWQRWEHORZWKHUDQNRI3ULQFLSDO
Secretary to Government or an eminent educationist; and
(iii) a nominee of the Syndicate who shall be an eminent
educationist.
Explanation.— For the purpose of this sub-section, “eminent
educationist” means a person,—
(i) who is or has been a Vice-Chancellor of any University
established by the State Government or Central Government; or
(ii) who is a distinguished academician, with a minimum of
ten years of experience as Professor in a State or Central University
or in both taken together; or
(iii) who is or has been a Director or Head of any institute
of national importance:
136
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Provided that the person so nominated shall not be a member of
any of the authorities of the University or shall not be connected with
the University or a University college.
(3) A person recommended by the Committee for appointment as
Vice-Chancellor shall—
(i) be a distinguished academician with highest level of
competence, integrity, morals and institutional commitment;
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consultation with the Chancellor by an order published in the
Tamil Nadu Government Gazette.
(4) The process of nominating the members to the Committee
by the Chancellor, the Government and the Syndicate shall begin
six months before the probable date of occurrence of vacancy in the
RႈFH RI WKH 9LFH&KDQFHOORU DQG VKDOO EH FRPSOHWHG IRXU PRQWKV
EHIRUHWKHSUREDEOHGDWHRIRFFXUUHQFHRIYDFDQF\LQWKHRႈFHRIWKH
Vice-Chancellor.
(5) The process of preparing the panel of suitable persons for
appointment as Vice-Chancellor shall begin at least four months
EHIRUHWKHSUREDEOHGDWHRIRFFXUUHQFHRIWKHYDFDQF\LQWKHRႈFHRI
the Vice-Chancellor.
(6) The Committee shall submit its recommendation to the
Chancellor within four months from the date of its constitution. If the
Committee does not submit its recommendation to the Chancellor
within the said period, the Chancellor may grant further time to the
Committee to submit its recommendation or take steps to constitute
another Committee in accordance with sub-section (2).
7KH 9LFH&KDQFHOORU VKDOO KROG RႈFH IRU D SHULRG RI WKUHH
years and shall be eligible for re-appointment for a further period of
three years:
3URYLGHG WKDW QR SHUVRQ VKDOO KROG WKH RႈFH RI WKH
Vice-Chancellor for more than six years in the aggregate:
Provided further that the Chancellor may direct that a
9LFH&KDQFHOORUZKRVHWHUPRIRႈFHKDVH[SLUHGVKDOOFRQWLQXHLQ
RႈFHIRUVXFKSHULRGQRWH[FHHGLQJDWRWDOSHULRGRIRQH\HDUDV
PD\EHVSHFL¿HGLQWKHGLUHFWLRQ
Provided also that the Vice-Chancellor may, by writing under his
hand addressed to the Chancellor and after giving two months notice,
UHVLJQKLVRႈFH
Provided also that a person appointed as Vice-Chancellor shall
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thereof, he completes the age of seventy years.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
137
:KHQ DQ\ WHPSRUDU\ YDFDQF\ RFFXUV LQ WKH RႈFH
of the Vice-Chancellor or when the Vice-Chancellor is, by
reason of illness, absence or for any other reason, unable
WR H[HUFLVH WKH SRZHUV DQG SHUIRUP WKH GXWLHV RI KLV RႈFH
the senior most Professor of the University shall exercise
the powers and perform the duties of the Vice-Chancellor till the
Syndicate constitutes a “Convenor Committee” for exercising the
powers and performing the duties of the Vice-Chancellor:
Provided that the said Convenor committee shall consist of
WZR H[RႈFLR PHPEHUV RI WKH 6\QGLFDWH DQG RQH SURIHVVRU RI WKH
University.
7KH 9LFH&KDQFHOORU VKDOO EH D ZKROHWLPH RႈFHU RI WKH
University and his emoluments and other terms and conditions of
service shall be as follows:—
(a) There shall be paid to the Vice-Chancellor as such
VDODU\PD\EH¿[HGE\WKH*RYHUQPHQWIURPWLPHWRWLPHDQGKH
shall be entitled, without payment of rent, to the use of a furnished
UHVLGHQFHWKURXJKRXWKLVWHUPRIRႈFHDQGQRFKDUJHVKDOOIDOORQ
the Vice-Chancellor personally in respect of the maintenance of
such residence. The Vice-Chancellor shall be entitled to such other
perquisites as may be provided in the statutes.
(b) The Vice-Chancellor shall be entitled to such terminal
EHQH¿WVDQGDOORZDQFHVDVPD\EH¿[HGE\WKH6\QGLFDWHZLWKWKH
approval of the Chancellor, from time to time:
Provided that, where an employee of—
(i) the University; or
(ii) any other University or college or institution maintained
E\RUDႈOLDWHGWRWKDW8QLYHUVLW\LVDSSRLQWHGDV9LFH&KDQFHOORUKH
shall be allowed to continue to contribute to the Provident Fund to
which he is a subscriber and the contribution of the University shall
be limited to what he had been contributing immediately before his
appointment as Vice-Chancellor;
(c)
The Vice-Chancellor shall be entitled to travelling
DOORZDQFHVDWVXFKUDWHVDVPD\EH¿[HGE\WKH6\QGLFDWH
(d) The Vice-Chancellor shall be entitled to earned leave
on full pay at one eleventh of the periods spent by him on active
service;
(e) The Vice-Chancellor shall be entitled, on medical
grounds or otherwise, to leave without pay for a period not exceeding
WKUHHPRQWKVGXULQJWKHWHUPRIKLVRႈFH
3URYLGHGWKDWRQWKHGDWHRIH[SLU\RIWKHWHUPRIKLVRႈFHLIKH
had not availed of the earned leave before the date of expiry of the
WHUPRIKLVRႈFHVKDOOEHHQWLWOHGWRGUDZFDVKHTXLYDOHQWWROHDYH
VDODU\DIWHUUHOLQTXLVKPHQWRIKLVRႈFHLQUHVSHFWRIHDUQHGOHDYHDW
credit subject to a maximum of two hundred and forty days:
Provided further that such leave may be converted into leave
on full pay to the extent to which he is entitled to earned leave under
clause (d).
138
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
7KH9LFH&KDQFHOORUVKDOOQRWEHUHPRYHGIURPKLVRႈFH
except by an order of the Chancellor passed on the ground of wilful
omission or refusal to carry out the provisions of this Act or abuse of
the powers vested in him. In a case where it is proposed to remove
the Vice-Chancellor, the Chancellor shall order an inquiry by such a
person who is or has been,-
a Judge of the High Court; or
DQ RႈFHU RI WKH *RYHUQPHQW QRW EHORZ WKH UDQN RI &KLHI
Secretary to Government,
in which the Vice-Chancellor shall be given an opportunity to
make a representation. On consideration of the inquiry report, the
Vice-Chancellor shall be furnished with a copy of the inquiry report
and called upon to submit his further representation, if any thereon,
before making an order of removal.
Powers and
duties of Vice-
Chancellor.
12. (1) The Vice-Chancellor shall be the academic head and
principal executive officer of the University.
(2) The Vice-Chancellor shall, in the absence of the Chancellor
and Pro-Chancellor, preside at the convocation of the University and
confer degrees, titles, diplomas or other academic distinctions upon
persons entitled to receive them.
7KH9LFH&KDQFHOORUVKDOOH[HUFLVHFRQWURORYHUWKHDႇDLUVRI
the University and shall be responsible for the due maintenance of
discipline in the University.
(4) The Vice-Chancellor shall ensure the faithful observance of
the provisions of this Act and the statutes, ordinances and regulations.
7KH9LFH&KDQFHOORUVKDOOJLYHHႇHFWWRWKHGHFLVLRQRIWKH
Syndicate regarding the appointment, suspension and dismissal of
the teachers and other persons employed in the University.
(6) In any emergency, which in the opinion of the Vice-Chancellor
requires immediate action to be taken, he shall, by order, take such
action as he deems necessary and shall, at the earliest opportunity,
UHSRUWWKHDFWLRQWDNHQWRVXFKRႈFHURUDXWKRULW\RUERG\ZKRRU
which would have in the ordinary course dealt with the matter:
Provided that no such order shall be passed unless the person
OLNHO\ WR EH DႇHFWHG KDV EHHQ JLYHQ D UHDVRQDEOH RSSRUWXQLW\ RI
being heard.
(7) Any person aggrieved by any order of the Vice-Chancellor
under sub-section (6) may prefer an appeal to the Syndicate within
thirty days from the date on which such order is communicated to him
DQGWKH9LFH&KDQFHOORUVKDOOJLYHHႇHFWWRWKHRUGHUSDVVHGE\WKH
Syndicate on such appeal.
7KH 9LFH&KDQFHOORU VKDOO EH WKH H[RႈFLR &KDLUSHUVRQ RI
the Syndicate, Academic Council and the Finance Committee. The
Vice-Chancellor shall be entitled to be present at, and to address, any
meeting of any authority or other body of the University, but shall not
be entitled to vote thereat, unless he is a member of the authority or
body.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
139
(9) The Vice-Chancellor shall convene meetings of the Syndicate,
the Academic Council and the Finance Committee.
(10) The Vice-Chancellor shall be responsible for the co-ordination
and integration of teaching and research, extension education and
curriculum development.
(11) The Vice-Chancellor shall exercise such other powers and
perform such duties as may be prescribed by the statutes.
13. (1) The Registrar shall be a whole-time salaried officer of
the University appointed by the Syndicate. The qualifications and
the method of recruitment shall be such as may be prescribed. The
terms and conditions of service of the Registrar shall be as follows:—
Registrar.
(i) The holder of the post of Registrar shall be not lower in
rank than that of a University Professor.
LL 7KH 5HJLVWUDU VKDOO KROG RႈFH IRU D SHULRG RI WKUHH
years:
Provided that the Registrar shall retire on attaining the age of
VL[W\ \HDUV RU RQ WKH H[SLU\ RI WKH SHULRG VSHFL¿HG LQ WKLV FODXVH
whichever is earlier;
(iii) the emoluments and other terms and conditions of
service of the Registrar shall be such as may be prescribed;
LY ZKHQ WKH RႈFH RI WKH 5HJLVWUDU LV YDFDQW RU ZKHQ
the Registrar is, by reason of illness, absence or any other cause,
XQDEOHWRSHUIRUPWKHGXWLHVRIKLVRႈFHWKHGXWLHVRIWKHRႈFHRIWKH
Registrar shall be performed by such person as the Vice-Chancellor
may appoint for the purpose.
(2) (a) The Registrar shall have power to take disciplinary action
against such of the employees, excluding teachers of the University
DQGDFDGHPLFVWDႇDVPD\EHVSHFL¿HGLQWKHRUGHUVRIWKH6\QGLFDWH
to suspend them pending inquiry, to administer warnings to them or to
impose on them the penalty of censure or withholding of increments:
Provided that no such penalty shall be imposed unless the person
concerned has been given a reasonable opportunity of showing cause
against the action proposed to be taken in regard to him.
(b) An appeal shall lie to the Vice-Chancellor against
DQRUGHURIWKH5HJLVWUDULPSRVLQJDQ\RIWKHSHQDOWLHVVSHFL¿HGLQ
clause (a).
(c) In any case where the inquiry discloses that penalty
beyond the powers of the Registrar is called for, the Registrar shall,
upon conclusion of the inquiry, make a report to the Vice-Chancellor
along with his recommendations and the Vice-Chancellor shall pass
VXFKRUGHUDVKHGHHPV¿W
Provided that an appeal shall lie to the Syndicate against an
order of the Vice-Chancellor imposing any penalty.
(d) No appeal under clause (b) or clause (c) shall be
preferred after the expiry of sixty days from the date on which the
order appealed against was received by the appellant.
140
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
7KH5HJLVWUDUVKDOOEHWKHH[RႈFLR6HFUHWDU\WRWKH6\QGLFDWH
Academic Council, the Faculties and the Boards of Studies, but shall
not be deemed to be a member of any of these authorities.
(4) It shall be the duty of the Registrar,—
(a) to be the custodian of the records, the common seal
and such other property of the University as the Syndicate shall
commit to his charge;
(b) to issue all notices convening meetings of the
Syndicate, the Academic Council, the Faculties, the Boards of
Studies, the Boards of Examiners and of any committee appointed by
the authorities of the University;
(c) to keep the minutes of all the proceedings of the
meetings of the Syndicate, the Academic Council, the Faculties, the
Boards of Studies, the Boards of Examiners and of any Committee
appointed by the authorities of the University;
GWRFRQGXFWWKHRႈFLDOFRUUHVSRQGHQFHRIWKH6\QGLFDWH
(e) to supply to the Chancellor, copies of the agenda of
the meetings of the authorities of the University as soon as they are
issued and the minutes of the proceedings of such meetings; and
(f) to exercise such other powers and perform such other
GXWLHV DV PD\ EH VSHFL¿HG LQ WKH VWDWXWHV WKH RUGLQDQFHV RU WKH
regulations or as may be required, from time to time, by the Syndicate
or the Vice-Chancellor.
(5) In all suits and other legal proceedings by or against the
8QLYHUVLW\WKHSOHDGLQJVVKDOOEHVLJQHGDQGYHUL¿HGE\WKH5HJLVWUDU
and all processes in such suits and proceedings shall be issued to,
and served on, the Registrar.
Dean.
14. (1) The Dean shall be appointed by the Vice-Chancellor
from among the Professors in the Faculty for a period of three years
and he shall be eligible for reappointment:
Provided that a Dean, on attaining the age of sixty years, shall
FHDVHWRKROGRႈFHDVVXFK
Provided further that if at any time there is no Professor in a
Faculty, the Vice-Chancellor shall exercise the powers of the Dean
of the Faculty.
:KHQWKHRႈFHRIWKH'HDQLVYDFDQWRUZKHQWKH'HDQLVE\
reason of illness, absence or any other cause, unable to perform the
GXWLHVRIKLVRႈFHWKHGXWLHVRIKLVRႈFHVKDOOEHSHUIRUPHGE\VXFK
person as the Vice-Chancellor may appoint for the purpose.
(3) The Dean shall be the Head of the Faculty and shall be
responsible for the conduct and maintenance of the standards of
teaching and research in the Faculty. The Dean shall have such other
functions as may be prescribed by the ordinances.
(4) The Dean shall have the right to be present and to speak at
any meeting of the Board of Studies or Committees or the Faculty, as
the case may be, but shall not have the right to vote thereat unless he
is a member thereof.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
141
15. (1) The Finance Officer shall be a whole-time salaried officer
of the University, appointed by the Syndicate for such period as may
be specified by the Syndicate in this behalf.
)LQDQFH2ႈFHU
(YHU\DSSRLQWPHQWRIWKH)LQDQFH2ႈFHUVKDOOEHPDGHE\WKH
Syndicate on the recommendation of the Vice-Chancellor from out of
DSDQHORIWKUHHQDPHVRIRႈFHUVUHFRPPHQGHGE\WKH*RYHUQPHQW
(3) The emoluments and other terms and conditions of service
RI WKH )LQDQFH 2ႈFHU VKDOO EH VXFK DV PD\ EH SUHVFULEHG E\ WKH
ordinances.
7KH)LQDQFH2ႈFHUVKDOOUHWLUHRQDWWDLQLQJWKHDJHRIVL[W\
\HDUVRURQWKHH[SLU\RIWKHSHULRGVSHFL¿HGE\WKH6\QGLFDWHXQGHU
sub-section (1), whichever is earlier:
:KHQWKHRႈFHRIWKH)LQDQFH2ႈFHULVYDFDQWRUZKHQWKH
)LQDQFH2ႈFHULVE\UHDVRQRILOOQHVVDEVHQFHRUDQ\RWKHUFDXVH
XQDEOHWRSHUIRUPWKHGXWLHVRIKLVRႈFHWKHGXWLHVRIWKH)LQDQFH
2ႈFHU VKDOO EH SHUIRUPHG E\ VXFK SHUVRQ DV WKH 9LFH&KDQFHOORU
may appoint for the purpose.
7KH)LQDQFH2ႈFHUVKDOOEHWKHH[RႈFLR6HFUHWDU\WRWKH
Finance Committee but shall not be deemed to be a member of such
committee;
7KH)LQDQFH2ႈFHUVKDOO²
(a) exercise general supervision over the funds of the
8QLYHUVLW\ DQG VKDOO DGYLVH WKH 8QLYHUVLW\ DV UHJDUGV LWV ¿QDQFLDO
policy; and
(b) exercise such other powers and perform such other
¿QDQFLDOIXQFWLRQVDVPD\EHDVVLJQHGWRKLPE\WKH6\QGLFDWHRUDV
may be prescribed:
3URYLGHGWKDWWKH)LQDQFH2ႈFHUVKDOOQRWLQFXUDQ\H[SHQGLWXUH
or make any investment exceeding such amount as may be prescribed
without the previous approval of the Syndicate.
6XEMHFWWRWKHFRQWURORIWKH6\QGLFDWHWKH)LQDQFH2ႈFHU
shall,—
(a) hold and manage the property and investment of the
University including trust and endowed property;
E HQVXUH WKDW WKH OLPLWV ¿[HG E\ WKH 6\QGLFDWH IRU
recurring and non-recurring expenditure for a year are not exceeded
and that all moneys are expended on the purposes for which they are
granted or allotted;
(c) be responsible for the preparation of annual accounts,
¿QDQFLDO HVWLPDWHV DQG WKH EXGJHW RI WKH 8QLYHUVLW\ DQG IRU WKHLU
presentation to the Syndicate;
(d) keep a constant watch on the cash and bank balances
and of investments;
(e) watch the progress of the collection of revenue and
advise on the methods of collection employed;
142
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(f) ensure that the registers of buildings, lands, furniture
and equipment are maintained up-to-date, and that stock checking is
FRQGXFWHGRIHTXLSPHQWDQGRWKHUFRQVXPDEOHPDWHULDOVLQDOORႈFHV
special centres, specialised laboratories and colleges maintained by
the University;
(g) bring to the notice of the Vice-Chancellor any
XQDXWKRULVHGH[SHQGLWXUHRURWKHU¿QDQFLDOLUUHJXODULW\DQGVXJJHVW
appropriate action to be taken against persons at fault; and
KFDOOIURPDQ\RႈFHGHSDUWPHQWFHQWUHODERUDWRU\DQG
college maintained by the University, any information or returns that
he may consider necessary for the performance of his duties.
7KHUHFHLSWRIWKH)LQDQFH2ႈFHURURIWKHSHUVRQRUSHUVRQV
duly authorised in this behalf by the Syndicate for any money payable
WR WKH 8QLYHUVLW\ VKDOO EH VXႈFLHQW GLVFKDUJH IRU SD\PHQW RI VXFK
money.
Controller of
Examinations.
16. (1) The Controller of Examinations shall be an academician
and a whole-time officer of the University appointed by the Syndicate
for such period and on such terms and conditions as may be
prescribed.
(2) The Controller of Examinations shall exercise such powers
and perform such duties as may be prescribed.
Librarian.
17. (1) The Librarian shall be a whole time officer of the University
appointed by the Syndicate on the recommendation of the Selection
Committee constituted for the purpose, for such period and on such
terms and conditions as may be prescribed.
(2) The Librarian shall exercise such powers and perform such
duties as may be assigned to him by the Syndicate.
CHAPTER IV.
AUTHORITIES OF UNIVERSITY.
Authorities of
University.
18. The authorities of the University shall be the following,
namely:—
(1) the Syndicate;
(2) the Academic Council;
(3) the Finance Committee;
(4) the Planning Board;
(5) the Board of Studies;
(6) the Faculties; and
(7) such other authorities as may be declared by the statutes to
be authorities of the University.
'LVTXDOL¿FDWLRQIRU
membership.
19. (1) No person shall be qualified for nomination or election as
a member of any of the authorities of the University, if, on the date
of such nomination or election, he is,—
(a) of unsound mind; or
(b) an applicant to be adjudicated as an insolvent or an
undischarged insolvent; or
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
143
(c) sentenced by a criminal court to imprisonment for any
RႇHQFHLQYROYLQJPRUDOWXUSLWXGH
(2) In case of dispute or doubt as to whether a person is
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LWVGHFLVLRQVKDOOEH¿QDO
20. (1) Notwithstanding anything contained in sections 21 and
24, no person who has held office as a member for a total period of
six years in the Syndicate or the Academic Council or in both, of the
University shall be eligible for election or nomination to either of the
said two authorities:
'LVTXDOL¿FDWLRQ
for election or
nomination
to Syndicate
and Academic
Council in
certain cases.
Provided that for the purpose of computing the total period of six
years referred to in this sub-section, the period of three years during
ZKLFKDSHUVRQKHOGRႈFHLQRQHDXWKRULW\HLWKHUE\HOHFWLRQRUE\
QRPLQDWLRQDQGWKHSHULRGRIWKUHH\HDUVGXULQJZKLFKKHKHOGRႈFH
in another authority either by election or by nomination shall be taken
into account and accordingly such person shall not be eligible for
election or nomination either to Syndicate or the Academic Council:
Provided further that for the purpose of this sub-section, if a
SHUVRQZKRKDVKHOGRႈFHIRUDSHULRGRIQRWOHVVWKDQRQH\HDULQ
any one of the authorities referred to in this sub-section in a casual
YDFDQF\VKDOOEHGHHPHGWRKDYHKHOGRႈFHIRUDSHULRGRIWKUHH
years in that authority:
Provided
also
that
for
the
purpose
of
this
sub-section, if a person was elected or nominated to one authority
and such person becomes a member of another authority by virtue of
WKHPHPEHUVKLSLQWKH¿UVWPHQWLRQHGDXWKRULW\WKHSHULRGIRUZKLFK
KHKHOGRႈFHLQWKH¿UVWPHQWLRQHGDXWKRULW\DORQHVKDOOEHWDNHQLQWR
account.
(2) Nothing in sub-section (1) shall have application in respect
of—
LH[RႈFLRPHPEHUVUHIHUUHGWRLQVHFWLRQ
LLH[RႈFLRPHPEHUVUHIHUUHGWRLQVHFWLRQ
21. (1) The Chancellor shall, as soon as may be, after the
first Vice-Chancellor is appointed under section 53, constitute the
Syndicate.
Syndicate.
(2) The Syndicate shall, in addition to the Vice-Chancellor, consist
of the following members, namely:—
Class I – ([2FLR Members.
(a) The Secretary to Government in-charge of Higher
Education;
(b) The Secretary to Government in-charge of Finance;
(c) The Secretary to Government in-charge of Law;
(d) The Director of Collegiate Education.
144
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Class – II Other Members.
(a) Three eminent persons to be nominated by the
Chancellor on the recommendation of the Vice-Chancellor, who will
JXLGHWKH9LFH&KDQFHOORULQDGPLQLVWUDWLYHDFDGHPLFDQG¿QDQFLDO
matters including any issues connected with social justice and policies
of the State Government;
E7ZRPHPEHUVHOHFWHGE\WKH3ULQFLSDOVRIWKHDႈOLDWHG
colleges from among themselves in accordance with the system of
proportional representation by means of the single transferable vote;
F 7ZR PHPEHUV HOHFWHG E\ WKH WHDFKHUV RI DႈOLDWHG
colleges (other than Principals) from among themselves who are
members of the Academic Council, in accordance with the system of
proportional representation by means of the single transferable vote.
Explanation.— For the purpose of this item, “teachers” shall mean
those teachers elected to the Academic Council by the teachers of
WKHDႈOLDWHGFROOHJHVIURPDPRQJWKHPVHOYHV
(d) One Dean or Director nominated by the Chancellor on
the recommendation of the Vice-Chancellor;
(e) One University Professor nominated by the Chancellor
on the recommendation of the Vice-Chancellor;
(f) One University Associate Professor nominated by the
Vice-Chancellor by rotation according to seniority;
(g) One University Assistant Professor nominated by the
Vice-Chancellor by rotation according to seniority; and
(h) One member elected by the Tamil Nadu Legislative
Assembly from among its members.
7KH9LFH&KDQFHOORUVKDOOEHWKHH[RႈFLR&KDLUSHUVRQRIWKH
Syndicate.
(4) (a) In case the Secretary to Government in-charge of Higher
Education or the Secretary to Government in-charge of Finance
or Secretary to Government in-charge of Law, is unable to attend
the meetings of the Syndicate, for any reason, he may depute any
RႈFHU RI KLV GHSDUWPHQW QRW EHORZ WKH UDQN RI 'HSXW\ 6HFUHWDU\
WR*RYHUQPHQWWRDWWHQGWKHPHHWLQJV7KHRႈFHUVRGHSXWHGVKDOO
have the right to take part in the discussion of the meeting and shall
have the right to vote;
(b) In case the Director of Collegiate Education is unable
to attend the meetings of the Syndicate, for any reason, he may
GHSXWHDQ\RႈFHURIKLVGHSDUWPHQWQRWEHORZWKHUDQNRI'HSXW\
'LUHFWRUWRDWWHQGWKHPHHWLQJV7KHRႈFHUVRGHSXWHGVKDOOKDYH
the right to take part in the discussion of the meeting and shall have
the right to vote.
(5) (a) Save as otherwise provided, the members of the
6\QGLFDWHRWKHUWKDQWKHH[RႈFLRPHPEHUVVKDOOKROGRႈFHIRUD
period of three years and such members shall be eligible for election
or nomination for another period of three years;
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
145
(b) Where a member is elected or nominated to the
6\QGLFDWHLQDFDVXDOYDFDQF\WKHSHULRGRIRႈFHKHOGIRUQRWOHVV
than one year by any such member shall be construed as a full period
of three years:
Provided that a member of the Syndicate who is elected or
nominated in his capacity as a member of a particular electorate or
body, or the holder of a particular appointment, shall cease to be a
member of the Syndicate from the date on which he ceases to be, a
member of that electorate or body or the holder of that appointment,
as the case may be:
Provided further that where an elected or a nominated member
RIWKH6\QGLFDWHLVDSSRLQWHGWHPSRUDULO\WRDQ\RIWKHRႈFHE\YLUWXH
RIZKLFKKHLVHQWLWOHGWREHDPHPEHURIWKH6\QGLFDWHH[RႈFLRKH
shall, by notice in writing signed by him and communicated to the
Vice-Chancellor within seven days from the date of his taking charge
of his appointment, choose whether he will continue to be a member
of the Syndicate by virtue of his election or nomination or whether he
ZLOOYDFDWHRႈFHDVVXFKPHPEHUDQGEHFRPHDPHPEHUH[RႈFLR
by virtue of his appointment and the choice shall be conclusive. On
failure to make such a choice, he shall be deemed to have vacated
KLVRႈFHDVDQHOHFWHGRUDQRPLQDWHGPHPEHU
(6) When a person ceases to be a member of the Syndicate, he
shall cease to be a member of any of the authorities of the University
of which he may happen to be a member by virtue of his membership
of the Syndicate.
(7) The members of the Syndicate shall not be entitled to receive
any remuneration from the University except such daily allowance
and travelling allowance as may be prescribed:
Provided that nothing contained in this clause shall preclude any
member from drawing his normal emoluments to which he is entitled
E\YLUWXHRIWKHRႈFHKHKROGV
$ PHPEHU RI WKH 6\QGLFDWH RWKHU WKDQ H[RႈFLR PHPEHU
may tender resignation of his membership at any time before the
WHUPRIKLVRႈFHH[SLUHV6XFKUHVLJQDWLRQVKDOOEHFRQYH\HGWRWKH
Chancellor by a letter in writing by the member and the resignation
VKDOOWDNHHႇHFWIURPWKHGDWHRILWVDFFHSWDQFHE\WKH&KDQFHOORU
22. (1) The Syndicate shall have the following powers, namely:—
Powers of
Syndicate.
(a) to make statutes and amend or repeal the same;
(b) to make ordinances and amend or repeal the same;
(c) to co-operate with other Universities, other academic
authorities and colleges in such manner and for such purposes as it
may determine;
(d) to provide for instruction and training in such branches
RIOHDUQLQJDVLWPD\WKLQN¿W
(e) to provide for research, advancement and dissemination
of knowledge;
146
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(f) to institute Assistant Professorships, Associate
Professorships, Professorships and any other teaching posts required
by the University;
JWRSUHVFULEHWKHFRQGLWLRQVIRUDႈOLDWLQJFROOHJHVWRWKH
8QLYHUVLW\DႈOLDWHGFROOHJHVZLWKLQWKH8QLYHUVLW\DUHDDQGZLWKGUDZ
WKHDႈOLDWLRQ
(h) to prescribe the manner in which, and the conditions
subject to which, a college may be designated as an autonomous
college and such designation may be cancelled;
(i) to provide such lectures and instructions for students
of University colleges, colleges and approved colleges as the
Academic Council may determine and also to provide for lectures and
instructions to persons not being students of colleges and to grant
diplomas to them;
(j) to institute degrees, titles, diplomas and other academic
distinctions;
(k) to confer degrees, titles, diplomas and other academic
distinctions on persons who—
(i) shall have pursued an approved course of study in
8QLYHUVLW\FROOHJHRUODERUDWRU\RULQDQDႈOLDWHGRUDSSURYHGFROOHJH
or have been exempted therefrom in the manner prescribed and shall
have passed the prescribed examinations of the University;
(ii) shall have carried on research under conditions
prescribed;
(l) to confer honorary degrees of academic distinctions on
the recommendations of not less than two-thirds of the members of
the Syndicate;
(m) to establish and maintain hostels and manage hostels
instituted by the University;
(n)
to
institute
fellowships,
travelling
fellowships,
scholarships, studentships, bursaries, exhibitions, medals and prizes;
(o) to prescribe the fees to be charged, for the approval
DQGDႈOLDWLRQRIFROOHJHVIRUDGPLVVLRQWRWKHH[DPLQDWLRQVGHJUHHV
titles and diplomas of the University, for the registration of graduates,
for the renewal of such registration and for all or any of the purposes
VSHFL¿HGLQVHFWLRQ
SWRFRQVLGHUDQGWDNHVXFKDFWLRQDVLWPD\GHHP¿WRQ
WKHDQQXDOUHSRUWWKHDQQXDODFFRXQWVDQGWKH¿QDQFLDOHVWLPDWHV
(q) to institute a University Extension Board and to
maintain it;
(r) to institute publication bureau, students’ unions,
employment bureau and University athletic clubs and to maintain
them;
(s) to enter into any agreement with the Central or any
State Government or with a private management for assuming the
management of any institution and for taking over its properties and
liabilities or for any other purposes not repugnant to the provisions of
this Act;
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
147
(t) to make statutes regulating the method of election to the
authorities of the University and the procedure at the meeting of the
Academic Council, Syndicate and other authorities of the University
and the quorum of members required for the transaction of business
by the authorities of the University other than the Academic Council;
(u) to recommend to the Government the recognition of an
area within the University area as University Centre;
(v) to hold, control and administer the properties and funds
of the University;
(w) to direct the form, custody and use of the common
seal of the University;
(x) to regulate and determine all matters concerning the
University in accordance with this Act, the statutes, the ordinances
and the regulations;
(y) to administer all properties and funds placed at the
GLVSRVDORIWKH8QLYHUVLW\IRUVSHFL¿FSXUSRVHV
(z)
(i) to appoint the Assistant Professors, Associate
3URIHVVRUV3URIHVVRUVDQGWKHWHDFKHUVRIWKH8QLYHUVLW\¿[WKHLU
HPROXPHQWV LI DQ\ GH¿QH WKHLU GXWLHV DQG WKH FRQGLWLRQV RI WKHLU
VHUYLFHDQGSURYLGHIRU¿OOLQJXSRIWHPSRUDU\YDFDQFLHV
(ii) to appoint of administrative and other similar posts
DQG¿[WKHLUHPROXPHQWVLIDQ\GH¿QHWKHLUGXWLHVDQGWKHFRQGLWLRQV
RIWKHLUVHUYLFHDQGSURYLGHIRU¿OOLQJXSRIWHPSRUDU\YDFDQFLHV
(za) to suspend and dismiss the Assistant Professors,
Associate Professors, Professors and the teachers and other
employees of the University;
(zb) to accept on behalf of the University, endowments,
bequests, donations, grants and transfers of any movable or
immovable properties made to it:
Provided that all such endowments, bequests, donations, grants
and transfers shall be reported to the Academic Council at its next
meeting;
(zc) (i) to raise, on behalf of the University, loans from the
Central or any State Government or the public or any corporation
owned or controlled by the Central or any State Government;
(ii) to borrow money, with the approval of the Government
on the security of the property of the University for the purposes of the
University;
(zd) to recognise colleges as approved colleges;
(ze) to designate any college as an autonomous college
with the concurrence of the Government and to cancel such
designation;
(zf) to recognise hostels not maintained by the University
and to suspend or withdraw recognition of any hostel which is not
conducted in accordance with the ordinances and the conditions
imposed thereunder;
148
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(zg) to arrange for and direct the inspection of all University
FROOHJHVDႈOLDWHGDQGDSSURYHGFROOHJHVDQGKRVWHOV
]K WR SUHVFULEH WKH TXDOL¿FDWLRQ RI WHDFKHUV LQ WKH
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(zi)
to
award
fellowships,
travelling
fellowships,
scholarships, studentships, bursaries, exhibitions, medals and prizes
in accordance with the statutes;
(zj) to charge and collect such fees as may be prescribed;
(zk) to conduct the University examinations and approve
and publish the results thereof;
(zl) to make ordinances regarding the admission of
students of the University and to prescribe examinations to be
recognised as equivalent to University examinations;
(zm) to appoint members to the Boards of Studies;
(zn) to appoint examiners, after consideration of the
UHFRPPHQGDWLRQVRIWKH%RDUGVRI6WXGLHVDQG¿[WKHLUUHPXQHUDWLRQ
(zo) to supervise and control the residence and discipline
of the students of the University and make arrangements through the
colleges for securing their health and well-being;
(zp) to institute and manage University centers, University
colleges and laboratories, libraries, museums, institutes of research
and other institutions established or maintained by the University;
(zq) to regulate the working of the University Extension
Board;
(zr) to manage any publication bureau, students’ unions,
employment bureau and University athletic clubs instituted by the
University;
(zs) to review the instruction and teaching of the University;
(zt) to promote research within the University and to
require reports, from time to time, of such research;
(zu) to exercise such other powers and perform such
other duties as may be conferred or imposed on it by this Act or the
statutes, ordinances or regulations; and
(zv) to delegate any of its powers to the Vice-Chancellor,
to a committee from among its own members or to a committee
appointed in accordance with the statutes.
(2) The Syndicate may consult the Academic Council in respect
of any academic matter, where it considers such consultation is
necessary.
Meetings of
Syndicate.
23. (1) The Syndicate shall meet at least once in every two
months at such time and places and shall, subject to the provisions
of sub-sections (2) and (3), observe such rules of procedure in regard
to transaction of business at its meetings including the quorum at
meetings, as may be prescribed.
(2) The Vice-Chancellor, or in his absence, any member chosen
by the members present, shall preside at a meeting of the Syndicate.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
149
(3) All questions at any meeting of the Syndicate shall be
decided by a majority of the votes of the members present
and voting and in the case of an equality of votes, the
Vice-Chancellor or the member presiding, as the case may be, shall
have and exercise a second or casting vote.
(4) (a) The Syndicate may, for the purpose of consultation, invite
any person having special knowledge or practical experience in any
subject under consideration to attend any meeting. Such person may
speak in, and otherwise take part in, the proceedings of such meeting
but shall not be entitled to vote.
(b) The person so invited shall be entitled to such daily and
travelling allowances as are admissible to a member of the Syndicate.
24. (1) The Academic Council, shall consist of the following
members, namely:—
Academic Council.
Class – I ([2FLR
(a) The Vice-Chancellor;
(b) Deans of Faculties;
(c) University Librarian;
(d) University Physical Education Director;
Class – II Other Members.
(a) Five Principals of Government Colleges to be
nominated by the Chancellor by rotation on the recommendation of
the Vice-Chancellor;
(b) Fifteen members from among the Professors,
Heads of Departments and other teachers of the University,
nominated by the Chancellor on the recommendation of the
Vice-Chancellor;
F 1RW PRUH WKDQ WHQ 3ULQFLSDOV RI DႈOLDWHG FROOHJHV
elected from among themselves in accordance with the system of
proportional representation by means of the single transferable vote;
G1RWPRUHWKDQWHQWHDFKHUVRIDႈOLDWHGDQGDSSURYHG
FROOHJHV RWKHU WKDQ 3ULQFLSDOV RI DႈOLDWHG FROOHJHV HOHFWHG IURP
among themselves in accordance with the system of proportional
representation by means of the single transferable vote;
(e) Not more than ten Chairmen of Boards of Studies to be
nominated by rotation by the Vice-Chancellor;
(f) Five persons to be nominated by the Chancellor;
(g) Five persons to be nominated by the Pro-Chancellor;
(h) Two members of the Legislative Assembly to be elected
from among themselves;
(i) Two Secretaries of private colleges to be elected from
among themselves in accordance with the system of proportional
representation by means of the single transferable vote;
(j) Two local body members in the University area to be
nominated by the Pro-Chancellor;
150
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(k) Two headmasters of higher secondary schools in the
University area to be nominated by the Pro-Chancellor;
(l) Four members from private industries, research
organisations and public sector undertakings to be nominated by the
Chancellor on the recommendation of the Government;
(m) Four persons from professional societies or institutions
or bodies or associations to be nominated by the Chancellor on the
recommendation of the Government;
(n) Two alumni nominated by the Pro-Chancellor on the
recommendation of the Vice-Chancellor; and
(o) Members of the Syndicate who are not otherwise
members of the Academic Council:
Provided that in clauses (c), (d) and (e), the exact number to be
elected or nominated shall be as may be prescribed by the statutes:
Provided further that the nomination by the Chancellor may
take into consideration the requirements of social justice and areas
remaining unrepresented.
(2) (i) In case the Secretary to Government in-charge of Higher
Education or the Secretary to Government in-charge of Finance or
the Secretary to Government in-charge of Law who is a member of
Academic Council by virtue of item (o) under ‘Class II - Other Members’
in sub-section (1) is unable to attend the meetings of the Academic
&RXQFLOIRUDQ\UHDVRQKHPD\GHSXWHDQ\RႈFHURIKLVGHSDUWPHQW
not lower in rank than that of Deputy Secretary to Government to
attend the meetings;
(ii) In case the Director of Collegiate Education who is a
member of the Academic Council, by virtue of item (o) under ‘Class
II - Other Members’ in sub-section (1) is unable to attend the meetings
RIWKH$FDGHPLF&RXQFLOIRUDQ\UHDVRQKHPD\GHSXWHDQ\RႈFHU
of the department, not lower in rank than that of Deputy Director, to
attend the meetings.
(3) (a) Save as otherwise provided, elected and nominated
PHPEHURIWKH$FDGHPLF&RXQFLOVKDOOKROGRႈFHIRUDSHULRGRIWKUHH
years and such member shall be eligible for election or nomination for
not more than another period of three years.
(b) Where a member is elected or nominated to the
$FDGHPLF&RXQFLOWRDFDVXDOYDFDQF\WKHSHULRGRIRႈFHKHOGIRU
not less than one year by any such member shall be construed as a
full period of three years:
Provided that a member of the Academic Council who is elected
or nominated in his capacity as a member of a particular electorate
or body or the holder of a particular appointment, shall cease to
be a member of the Academic Council from the date on which he
ceases to be a member of that electorate or body or the holder of that
appointment, as the case may be:
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
151
Provided further that where an elected or a nominated member of the
$FDGHPLF&RXQFLOLVDSSRLQWHGWHPSRUDULO\WRDQ\RIWKHRႈFHVE\YLUWXH
RIZKLFKKHLVHQWLWOHGWREHDPHPEHUH[RႈFLRRIWKH$FDGHPLF&RXQFLO
he shall, by notice in writing signed by him and communicated to the
Vice-Chancellor within seven days from the date of his taking charge
of his appointment, choose whether he will continue to be member
of the Academic Council by virtue of his election or nomination or
ZKHWKHUKHZLOOYDFDWHRႈFHDVVXFKPHPEHUDQGEHFRPHDPHPEHU
H[RႈFLR E\ YLUWXH RI KLV DSSRLQWPHQW DQG WKH FKRLFH VKDOO EH
conclusive. On failure to make such a choice, he shall be deemed to
KDYHYDFDWHGKLVRႈFHDVDQHOHFWHGRUDQRPLQDWHGPHPEHU
(4) When a person ceases to be a member of the Academic
Council, he shall cease to be a member of any of the authorities of
the University of which he may happen to be a member by virtue of
his membership of the Academic Council.
(5) The members of the Academic Council shall not be entitled to
receive any remuneration from the University except such daily and
travelling allowances as may be prescribed:
Provided that nothing contained in this sub-section shall preclude
any member from drawing his normal emoluments to which he is
HQWLWOHGE\YLUWXHRIWKHRႈFHKHKROGV
$PHPEHURIWKH$FDGHPLF&RXQFLORWKHUWKDQDQH[RႈFLR
member, may tender resignation of his membership at any time before
WKHWHUPRIKLVRႈFHH[SLUHV6XFKUHVLJQDWLRQVKDOOEHFRQYH\HGWR
the Chancellor by a letter in writing by the member and the resignation
VKDOOWDNHHႇHFWIURPWKHGDWHRILWVDFFHSWDQFHE\WKH&KDQFHOORU
25. (1) The Academic Council shall be the principal academic
body of the University and shall, subject to the provisions of this
Act, and the statutes have the control and general regulations of
teaching and examination in the University and be responsible for
the maintenance of the standards thereon. In addition, it shall also
act as the body to review the broad policies and programmes of the
University.
Powers and
functions of
Academic
Council.
(2) The Academic Council shall have the following powers and
functions of the principal academic body of the University:—
(a) to exercise general control on teaching and other
educational programmes and maintain and promote the standards
thereof;
(b) to make regulations and amend or repeal the same;
(c) to make regulations—
(i) regarding the admission of students to the University
and the number of students to be admitted;
(ii) regarding the courses of study leading to degrees,
diplomas and other academic distinctions;
(iii) regarding the conduct of examinations and
maintenance and promotion of standards of education;
(iv) prescribing equivalence of degrees, diplomas and
FHUWL¿FDWHVRIRWKHU8QLYHUVLWLHV&ROOHJHV,QVWLWXWLRQVDQG%RDUGV
152
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(v) for the assessment, evaluation and grading of
students performance;
(d) to advise the Syndicate on all academic matters
including the control and management of libraries;
(e) to make recommendations to the Syndicate for the
institution of Assistant Professorship, Associate Professorship,
Professorship and other teaching posts including posts in research
and in regard to the duties and emoluments thereof;
(f) to formulate, modify or revise schemes for the
constitution or reconstitution of departments of teaching and research;
(g) to make recommendations to the Syndicate regarding
post-graduate teaching and research;
(h) to make recommendations to the Syndicate regarding
WKHTXDOL¿FDWLRQVWREHSUHVFULEHGIRUWHDFKHUV
(i) to make recommendations to the Syndicate for the
conferment of honorary degrees or other distinctions;
(j) to review and act upon the proposals of Boards of
Studies in formulating rules, regulations, syllabi and methods of
HYDOXDWLRQLQWURGXFWLRQRIQHZFRXUVHVDQGPRGL¿FDWLRQRIH[LVWLQJ
courses;
(k) to make recommendations to the Syndicate regarding
institution of fellowships and scholarships;
(l) to recommend to the Syndicate measures for promoting
collaboration between industries and Governmental employers on
the one hand and the University on the other;
(m) to delegate to the Vice-Chancellor or to any of the
committees of the Academic Council, any of its powers; and
(n) to assess and make recommendations laying down
standards of accommodation, equipment, apparatus, library,
maintenance and other physical facilities required for each faculty.
(3) Subject to the other provisions of this Act, the Academic
Council in its capacity as a reviewing body shall have the following
powers and functions, namely:—
(a) to review, from time to time, the broad policies and
programmes of the University and to suggest measures for the
improvement and development of the University;
(b) to advise the Chancellor in respect of any matter, which
may be referred to it for advise; and
(c) to exercise such other powers and perform such other
functions as may be prescribed by the statutes.
Meetings of
Academic
Council.
26. (1) The Academic Council shall meet at least twice every year
on dates to be fixed by the Vice-Chancellor. One of such meetings
shall be called the annual meeting. The Academic Council may also
meet at such other date as it may, from time to time, determine.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
153
(2) One third of the total strength of the members of the Academic
Council shall be the quorum required for a meeting of the Academic
Council:
Provided that such quorum shall not be required at convocation
of the University, or a meeting of the Academic Council held for the
purpose of conferring degrees, titles, diplomas or other academic
distinctions.
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XSRQ D UHTXLVLWLRQ LQ ZULWLQJ VLJQHG E\ QRW OHVV WKDQ ¿IW\ SHU FHQW
of the total members of the Academic Council, convene a special
meeting of the Academic Council.
27. (1) The Finance Committee shall consists of the following
members, namely:—
Finance
Committee.
(i) The Vice-Chancellor;
(ii) The Secretary to Government in-charge of Finance;
(iii) The Secretary to Government in-charge of Higher
Education;
(iv) Three members nominated by the Syndicate from
among its members of whom one shall be a Professor and one shall
be a person nominated to the Syndicate by the Chancellor.
(2) If for any reason, the Secretary to Government, in-charge
of Finance or the Secretary to Government, in-charge of Higher
Education is unable to attend the meetings of the Finance Committee,
KHPD\GHSXWHDQ\RႈFHURIKLVGHSDUWPHQWQRWEHORZWKHUDQNRI
'HSXW\6HFUHWDU\WR*RYHUQPHQWWRDWWHQGVXFKPHHWLQJ7KHRႈFHU
so deputed shall have the right to take part in the discussion of the
meeting and shall have the right to vote.
7KH 9LFH&KDQFHOORU VKDOO EH WKH H[RႈFLR &KDLUSHUVRQ
RIDQGWKH)LQDQFH2ႈFHUVKDOOEHWKHH[RႈFLR6HFUHWDU\WRWKH
Finance Committee.
(4) All the members of the Finance Committee, other than the ex-
RႈFLRPHPEHUVVKDOOKROGRႈFHIRUDSHULRGRIWKUHH\HDUV
(5) The Finance Committee shall meet at least twice a year to
examine the accounts and to scrutinise proposals for expenditure.
(6) The annual accounts of the University prepared by the Finance
2ႈFHUVKDOOEHODLGEHIRUHWKH)LQDQFH&RPPLWWHHIRUFRQVLGHUDWLRQ
and comments and thereafter submitted to the Syndicate for approval.
(7) The Finance Committee shall recommend limits for the total
recurring expenditure and the total non-recurring expenditure for the
year based on the income and resources of the University, which, in
the case of productive works, may include the proceeds of loans.
(8) The Finance Committee shall—
DUHYLHZWKH¿QDQFLDOSRVLWLRQRIWKH8QLYHUVLW\IURPWLPH
to time;
154
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(b) make recommendations to the Syndicate on every
proposal involving investment or expenditure for which no provision
KDVEHHQPDGHLQWKHDQQXDO¿QDQFLDOHVWLPDWHVRUZKLFKLQYROYHV
expenditure in excess of the amount provided for in the annual
¿QDQFLDOHVWLPDWHV
(c) prescribe the methods and procedure and forms for
maintaining the accounts of the University and colleges;
(d) make recommendations to the Syndicate on all matters
UHODWLQJWRWKH¿QDQFHVRIWKH8QLYHUVLW\DQG
(e) perform such other functions as may be prescribed.
7KH ¿QDQFLDO HVWLPDWHV RI WKH 8QLYHUVLW\ SUHSDUHG E\ WKH
)LQDQFH 2ႈFHU VKDOO EH ODLG EHIRUH WKH )LQDQFH &RPPLWWHH IRU
FRQVLGHUDWLRQ DQG FRPPHQWV 7KH VDLG HVWLPDWHV DV PRGL¿HG E\
the Finance Committee, shall then be laid before the Syndicate for
FRQVLGHUDWLRQ7KH6\QGLFDWHPD\DFFHSWWKHPRGL¿FDWLRQVPDGHE\
the Finance Committee.
Planning Board.
28. (1) There shall be constituted a Planning Board of the
University which shall advise generally on the planning and
development of the University and review the standard of education
and research in the University.
(2) The Planning Board shall consist of the following members,
namely:—
D WKH 9LFH&KDQFHOORU ZKR VKDOO EH WKH H[RႈFLR
Chairperson of the Board; and
(b) not more than eight persons of high academic standing.
(3)
The
members
of
the
Planning
Board
shall
be appointed by the Chancellor on the recommendations of the Vice-
&KDQFHOORU DQG VKDOO KROG RႈFH IRU VXFK SHULRG DV WKH &KDQFHOORU
may determine.
(4) The Planning Board shall, in addition to all other powers
vested in it by this Act, have the right to advise the Syndicate and the
Academic Council on any academic matter.
Boards of Studies.
29. There shall be Board of Studies attached to each department
of teaching. The constitution and powers of the Boards of Studies
shall be such as may be prescribed.
Constitution and
functions of
faculties.
30. (1) The University having regard to the objectives and its
functions, may constitute such faculties as may be prescribed by the
statutes.
(2) The constitution and functions of the faculties shall be such as
may be prescribed by the statutes.
(3) Each faculty shall comprise such departments of teaching as
may be prescribed in the statutes.
Constitution of
other authorities.
31. The constitution and powers of such other bodies as may
be declared by the statutes to be authorities of the University shall
be such as may be prescribed.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
155
CHAPTER-V.
STATUTES, ORDINANCES AND REGULATIONS.
32. Subject to the provisions of this Act, the statutes may provide
for all or any of the following matters, namely:—
Statutes.
(i) the holding of convocation to confer degrees;
(ii) the conferment of honorary degrees and academic
distinctions;
(iii) the constitution, powers and functions of the authorities
of the University;
LYWKHPDQQHURI¿OOLQJYDFDQFLHVDPRQJPHPEHUVRIWKH
authorities;
(v) the allowances to be paid to the members of the
authorities and committees thereof;
(vi) the procedure at meetings of the authorities including
the quorum for the transactions of business at such meetings;
(vii) the authentication of the orders or decisions of the
authorities;
(viii) the formation of departments of teaching at the
University and the University colleges;
L[ WKH WHUP RI RႈFH DQG PHWKRGV RI DSSRLQWPHQW DQG
FRQGLWLRQVRIVHUYLFHRIWKHRႈFHUVRIWKH8QLYHUVLW\RWKHUWKDQWKH
Chancellor and the Pro-Chancellor;
[ WKH TXDOL¿FDWLRQV RI WKH WHDFKHUV DQG RWKHU SHUVRQV
employed by the University;
[L WKH FODVVL¿FDWLRQ WKH PHWKRG RI DSSRLQWPHQW DQG
determination of the terms and conditions of service of teachers and
other persons employed by the University;
(xii) the institution of pension, gratuity, insurance or
SURYLGHQW IXQG IRU WKH EHQH¿W RI WKH RႈFHUV WHDFKHUV DQG RWKHU
persons employed by the University;
(xiii) the institution of fellowships, travelling fellowships,
scholarships, studentships, bursaries, exhibitions, medals and prizes
and the conditions of award thereof;
(xiv) the establishment and maintenance of halls, hostels
and laboratories;
(xv) the conditions for residence of students of the
University in the halls and hostels and the levy of fees and other
charges for such residence;
(xvi) the conditions of registration of graduates and the
maintenance of register thereof;
(xvii) the conditions of recognition of approved colleges
DQGRIDႈOLDWLRQWRWKH8QLYHUVLW\RIDႈOLDWHGFROOHJHV
156
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(xviii) the manner in which, and the conditions subject to
which, a college may be designated as an autonomous college or
the designation of such college may be cancelled and the matters
incidental to the administration of autonomous colleges including
the constitution or reconstitution, powers and duties of the Academic
&RXQFLO6WDႇ&RXQFLO%RDUGVRI6WXGLHVDQG%RDUGVRI([DPLQHUV
(xix) the delegation of powers vested in the authorities or
RႈFHUVRIWKH8QLYHUVLW\DQG
(xx) any other matter which is required to be or may be
prescribed by the statutes.
Statutes, how
made.
33. (1) The Syndicate may, from time to time, make statutes
and amend or repeal the statutes in the manner hereafter provided
in this section.
(2) The Academic Council may propose to the Syndicate, the
draft of any statute or of any amendment to or of repeal of, a statute
to be passed by the Syndicate and such draft shall be considered by
the Syndicate at its next meeting:
Provided that the Academic Council shall not propose the draft of
any statute or of any amendment to, or of repeal of, a statute relating
WRPDWWHUVRWKHUWKDQDFDGHPLFDႇDLUV
(3) The Syndicate may consider the draft proposed by the
Academic Council under sub-section (2) and may either pass the
draft or reject or return it with or without amendments to the Academic
Council for reconsideration.
(4) (a) Any member of the Syndicate may propose to the
Syndicate, the draft of a statute or of any amendment to, or of repeal
of, a statute and the Syndicate may either accept or reject the draft,
if it relates to a matter not falling within the purview of the Academic
Council.
(b) In case such draft relates to a matter within the purview
of the Academic Council, the Syndicate shall refer it for consideration
to the Academic Council, which may either report to the Syndicate
that it does not approve the draft or submit the draft to the Syndicate
in such form as the Academic Council may approve and the Syndicate
may either pass with or without amendment or reject the draft.
(5) A statute or an amendment to or repeal of, a statute passed by
the Syndicate shall be submitted to the Chancellor who may assent
thereto or withhold his assent. A statute or an amendment to or repeal
of, a statute passed by the Syndicate shall have no validity until it has
been assented to by the Chancellor.
Ordinances.
34. Subject to the provisions of this Act and the statutes, the
ordinances may provide for all or any of the following matters,
namely:—
(i) the admission of students to the University and its
DSSURYHG RU DႈOLDWHG FROOHJHV DQG WKH OHY\ RI IHHV LQ 8QLYHUVLW\
Colleges and laboratories;
(ii) the courses of study leading to all degrees, titles,
diplomas and other academic distinctions of the University;
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
157
(iii) the conditions of residence of students of the
University and the levy of fees for residence in hostels maintained by
the University;
(iv) the conditions of recognition of hostels not maintained
by the University;
(v) the conditions under which the students shall be
admitted to the courses of study leading to degrees, titles, diplomas
and other academic distinctions of the University;
(vi) the conduct of examinations of the University and the
conditions on which students shall be admitted to such examinations;
(vii) the manner in which exemption relating to the
admission of students to examinations may be given;
(viii) the conditions and mode of appointment and duties
of examining bodies and examiners;
(ix) the maintenance of discipline among the students of
the University;
(x) the fees to be charged for courses of study,
research, experiment and practical training and for admissions to
the examinations for degrees, titles, diplomas and other academic
distinctions of the University;
[LWKHTXDOL¿FDWLRQVDQGHPROXPHQWVRIWHDFKHUVRIWKH
University;
(xii) the conditions subject to which persons who may
KHUHDIWHUEHSHUPDQHQWO\HPSOR\HGRUPD\EHUHFRJQLVHGDVTXDOL¿HG
WRJLYHLQVWUXFWLRQLQDႈOLDWHGFROOHJHVDQGDSSURYHGFROOHJHV DQG
hostels; and
(xiii) any other matter which by this Act or the statutes is
required to be or may be prescribed by the ordinances.
35. (1) Save as otherwise provided in this section, ordinances
shall be made by the Academic Council.
Ordinances, how
made.
(2) All ordinances made by the Academic Council shall take
HႇHFWIURPVXFKGDWHDVPD\EH¿[HGE\WKH$FDGHPLF&RXQFLOEXW
every ordinance so made shall be submitted as soon as may be after
it is made to the Syndicate and shall be considered by the Syndicate
at its next meeting.
(3) The Syndicate shall have power by a resolution passed by a
majority of not less than two-thirds of the members present at such
meeting, to modify or cancel any such ordinance and such ordinance
VKDOOIURPWKHGDWHRIVXFKUHVROXWLRQKDYHHႇHFWLQVXFKPRGL¿HG
IRUPRUEHRIQRVXFKHႇHFWDVWKHFDVHPD\EH
36. (1) The Academic Council may make regulations consistent
with this Act, the statutes and the ordinances, to carry out the duties
assigned to it thereunder.
Regulations, how
made.
$OOVXFKUHJXODWLRQVVKDOOKDYHHႇHFWIURPVXFKGDWHDVWKH
Academic Council may direct, but such regulations so made shall be
submitted as soon as may be to the Syndicate for its consideration at
its next succeeding meeting.
158
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
CHAPTER-VI.
ADMISSION AND RESIDENCE OF STUDENTS.
Admission to
University
courses.
37. (1) No person shall be admitted to a course of study in the
University for admission to the examinations for degrees, titles or
diplomas of the University unless he—
(a) has passed the examination prescribed therefor; and
E IXO¿OOV VXFK RWKHU DFDGHPLF FRQGLWLRQV DV PD\ EH
prescribed by the University.
(2) Every candidate for a University examination shall, unless
exempted from the provisions of this sub-section by a special order
of the Syndicate made on the recommendation of the Academic
Council, be enrolled as a member of a University college or laboratory
RURIDFRQVWLWXHQWFROOHJHRUDQDႈOLDWHGFROOHJHRUDSSURYHGFROOHJH
Any such exemption may be made subject to such conditions as the
6\QGLFDWHPD\WKLQN¿W
(3) Students exempted from the provisions of sub-section (2) and
students admitted in accordance with the conditions prescribed, to
courses of study other than courses of study for a degree shall be
non-collegiate students of the University.
Admission to
University
examinations.
38. No candidate shall be admitted to any University examination
unless he is enrolled as a member of University college or laboratory
or of an affiliated college or approved college and has satisfied the
requirements as to the attendance required under the regulations
for the same or unless he is exempted from such requirements of
enrollment or attendance or both by an order of the Syndicate passed
on the recommendation of the Academic Council made under the
regulations prescribed. Exemptions granted under this section shall
be subject to such conditions as the Syndicate may think fit.
Attendance
qualifying for
University
examinations.
39. No attendance at instruction given in any college, other
than that established and maintained by, affiliated to, or approved
by, the University shall qualify for admission to any examination of
the University.
Residence and
hostels.
40. Every student of the University other than a non-collegiate
student shall be required to reside in a hostel or under such other
conditions as may be prescribed.
CHAPTER VII.
UNIVERSITY FUNDS.
General Fund.
41. The University shall have a General Fund to which shall be
credited—
(a) its income from fees, grants, donations and gifts, if any;
(b) any contribution or grant made by the Central
Government, any State Government, University Grants Commission
or like authority, any local authority or any corporation owned or
controlled by the Government; and
(c) endowments and other receipts.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
159
42. The University may have such funds as may be prescribed
by the statutes.
Other Funds.
43. The funds and all moneys of the University shall be managed
in such manner as may be prescribed.
Management of
Funds.
44. The annual report of the University shall be prepared by
the Syndicate and shall be submitted to the Academic Council on
or before such date as may be prescribed and shall be considered
by the Academic Council at its next annual meeting. The Academic
Council may pass resolutions thereon and communicate the same
to the Syndicate, which shall take action in accordance therewith.
The Syndicate shall inform the Academic Council of the action taken
by it. A copy of the annual report with a copy of the resolutions
thereon, if any, of the Academic Council shall be submitted to the
Government.
Annual report.
45. (1) The annual accounts of the University shall be submitted
to such examination and audit as the Government may direct and a
copy of the annual accounts and audit report shall be submitted to
the Government.
Annual accounts.
(2) The University shall settle objections raised in such audit and
carry out such instructions as may be issued by the Government on
the audit report.
(3) The accounts, when audited, shall be published by the
Syndicate in such manner as may be prescribed and copies thereof
shall be submitted to the Academic Council at its next meeting and to
the Government within three months of such publication.
(4) The Government shall cause the audited annual accounts
and annual report to be laid before the Legislative Assembly together
with their comments.
CHAPTER-VIII.
CONDITIONS OF SERVICE.
46. (1) The University shall institute for the benefit of its officers,
teachers and other persons employed by the University, such
pension, gratuity, insurance and provident fund as it may deem fit, in
such manner and subject to such conditions, as may be prescribed.
Pension, gratuity,
etc.
Central Act XIX of
1925.
(2) Where the University as so instituted a provident fund under
sub-section (1), the Government may declare that the provisions
of the Provident Funds Act, 1925 shall apply to such funds as if
the University were a local authority and the fund, a Government
Provident Fund.
(3) The University may, in consultation with the Finance
Committee, invest the provident fund amount in such manner as it
may determine.
160
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Recruitment and
Conditions of
service.
47. (1) The recruitment agency for the non-teaching posts in the
University shall be the Tamil Nadu Public Service Commission:
Provided that the posts in the University which are analogous
WRWKH*URXS'SRVWVLQWKH*RYHUQPHQW6HUYLFHVKDOOEH¿OOHGXSE\
outsourcing.
(2) Subject to the provisions of this Act, the appointment,
procedure for selection, pay and allowances and other conditions
of service of teachers and other persons employed in the University
shall be such as may be prescribed.
Selection
Committee.
48. (1) There shall be Selection Committee for making
recommendations to the Syndicate for appointment to the posts of
Assistant Professor, Associate Professor, Professor, Librarian and
other posts of teachers of the University.
(2) The Selection Committee for appointment to the posts
VSHFL¿HG LQ VXEVHFWLRQ VKDOO FRQVLVW RI WKH 9LFH&KDQFHOORU D
nominee of the Chancellor, a nominee of the Government and such
other persons as may be prescribed:
Provided that selection for such appointments by the Selection
Committee shall be made in accordance with the guidelines that may
be issued by the University Grants Commission or other agencies
concerned in relation to such appointment.
(3) The Vice-Chancellor shall preside at the meetings of a
Selection Committee.
(4) The meetings of a Selection Committee shall be convened by
the Vice-Chancellor.
(5) The procedure to be followed by a Selection Committee in
making recommendations shall be laid down in the ordinances.
(6) If the Syndicate is unable to accept the recommendations
made by a Selection Committee, it shall record its reasons and submit
WKHFDVHWRWKH&KDQFHOORUIRU¿QDORUGHUV
(7) Appointments to temporary posts for vacancies shall be made
in the manner indicated below:—
(i) If the temporary vacancy is for a duration longer than
RQHDFDGHPLFVHVVLRQLWVKDOOEH¿OOHGRQWKHDGYLFHRIWKH6HOHFWLRQ
Committee in accordance with the procedure indicated in the
foregoing provisions:
3URYLGHGWKDWLIWKH9LFH&KDQFHOORULVVDWLV¿HGWKDWLQWKHLQWHUHVW
RIZRUNLWLVQHFHVVDU\WR¿OOWKHYDFDQF\WKHDSSRLQWPHQWPD\EH
made on a temporary basis by a local Selection Committee referred
to in sub-clause (ii) for a period not exceeding six months;
(ii) If the temporary vacancy is for a period less than
a year, appointment to such vacancy shall be made on the
recommendation of a local Selection Committee consisting of the
Dean of the Faculty concerned, the Head of the Department and
a nominee of the Vice-Chancellor:
3URYLGHGWKDWLIWKHVDPHSHUVRQKROGVWKHRႈFHVRIWKH'HDQ
and the Head of the Department, the Selection Committee may
consist of two nominees of the Vice-Chancellor:
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
161
Provided further that in case of sudden casual vacancies in
teaching posts caused by death or any other reason, the Dean may,
in consultation with the Head of the Department concerned, make a
temporary appointment for a month and report to the Vice-Chancellor
and the Registrar about such appointment;
(iii) No teacher appointed temporarily shall, if he is not
recommended by a regular Selection Committee for appointment
under this Act, be continued in service on such temporary employment
unless he is subsequently selected by a local Selection Committee
or a regular Selection Committee, for temporary appointment or a
permanent appointment, as the case may be.
49. (1) Each Department of the University shall have a Head
who shall be a Professor or Director and whose duties and functions
and terms and conditions of appointment shall be as prescribed by
the ordinances:
Terms and
conditions of
service of Heads
of Departments.
Provided that if there are more than one Professor in any
Department, the Head of the Department shall be appointed in the
manner prescribed by the ordinances:
Provided further that in a department where there is no Professor,
an Associate Professor or Assistant Professor may be appointed
as the Head of the Department in the manner prescribed by the
ordinances.
(2) It shall be open to a Professor, an Associate Professor or
$VVLVWDQW3URIHVVRUWRGHFOLQHWKHRႇHURIDSSRLQWPHQWDVWKH+HDG
of a Department.
(3) A person appointed as the Head of a Department shall hold
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re-appointment.
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GXULQJKLVWHQXUHRIRႈFH
(5) The Head of a Department shall perform such functions as
may be prescribed by the ordinances.
50. All the authorities of the University shall have power to
constitute or reconstitute committees and to delegate to them such
of their powers as they deem fit. Such committees shall, save as
otherwise provided, consist of members of the authority concerned
and of such other persons, if any, as the authority in each case may
deem fit.
Constitution of
committees.
CHAPTER IX.
TRANSFER OF COLLEGES.
Tamil Nadu Act 2
of 1982.
51. (1) Notwithstanding anything contained in the Bharathidasan
University Act, 1981 (hereinafter referred to as the 1982 Act), the
statutes, ordinances, regulations and orders made thereunder, on
and from the appointed date, the colleges in the University area shall
be disaffiliated from the Bharathidasan University, established under
the 1982 Act to which they were affiliated on the date immediately
preceding the appointed date.
Transfer of certain
colleges to the
University.
162
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(2) The Government may, at any time after the appointed date,
transfer to the University any of their lands for its use on such terms
and conditions as they deem proper.
(3) The Government may, at any time after the appointed date,
transfer to the University the control and management of any of their
colleges and institutions situated within the University area on such
terms and conditions as they deem proper.
(4) Notwithstanding anything contained in any other law relating
to the establishment of a University in the State or the statutes,
ordinances, regulations and order made thereunder, on and
from the appointed date, the colleges or institutions referred to in
VXEVHFWLRQVKDOOEHGLVDႈOLDWHGIURPWKH8QLYHUVLW\WRZKLFKWKH\
ZHUHDႈOLDWHGRQWKHGDWHLPPHGLDWHO\SUHFHGLQJWKHDSSRLQWHGGDWH
DQGVKDOOEHDႈOLDWHGWRWKH8QLYHUVLW\
Transfer of service
of certain
employees of
Bharathidasan
University to the
University.
52. (1) Every person, who immediately before the appointed
date, was serving in connection with the affairs of the Bharathidasan
University, shall from the said date, cease to be an employee of
the Bharathidasan University and becomes an employee of the
University.
(2) (a) As soon as may be, after the appointed date, the
Government may, after consulting the Vice-Chancellor of the
Bharathidasan University and the University, direct by general or
special order that such of the employees of the Bharathidasan
8QLYHUVLW\DVDUHVSHFL¿HGLQVXFKRUGHUVKDOOVWDQGDOORWWHGWRVHUYH
LQFRQQHFWLRQZLWKWKHDႇDLUVRIWKH8QLYHUVLW\RQDQGIURPVXFKGDWH
DVPD\EHVSHFL¿HGLQVXFKRUGHU
Provided that no such direction shall be issued in respect of any
such person without his consent for such allotment.
E:LWKHႇHFWRQDQGIURPWKHGDWHVSHFL¿HGLQWKHRUGHU
XQGHUFODXVHDWKHSHUVRQVVSHFL¿HGLQVXFKRUGHUVKDOOEHFRPH
employees of the University and shall cease to be the employees of
the Bharathidasan University.
(3) Every person referred to in sub-section (1) or sub-section (2)
VKDOOKROGRႈFHXQGHUWKH8QLYHUVLW\E\WKHVDPHWHQXUHDWWKHVDPH
remuneration and upon the same terms and conditions and with the
same rights and privileges as to pension or gratuity, if any, and other
matters as he would have held the same on the appointed date or the
GDWHVSHFL¿HGLQWKHRUGHUXQGHUVXEVHFWLRQDVWKHFDVHPD\EH
as if this Act had not been passed.
(4) The liability to pay pension and gratuity to the persons referred
to in sub-sections (1) and (2) shall be the liability of the University.
CHAPTER X.
TRANSITORY PROVISIONS.
Appointment of
¿UVW
Vice-Chancellor.
53. Notwithstanding anything contained in sub-section (1) of
section 11, within three months from the date of publication of this
Act in the Tamil Nadu Government Gazette, the first Vice-Chancellor
shall be appointed by the Government on a salary to be fixed by
them for a period not exceeding three years and on such other
conditions as they deem fit:
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
163
3URYLGHG WKDW D SHUVRQ DSSRLQWHG DV WKH ¿UVW 9LFH&KDQFHOORU
VKDOOUHWLUHIURPRႈFHLIGXULQJWKHWHUPRIKLVRႈFHKHFRPSOHWHV
the age of seventy years.
54. Notwithstanding anything contained in sub-section (1) of
section 13, within three months from the date of publication of this
Act in the Tamil Nadu Government Gazette, the first Registrar shall
be appointed by the Government on a salary to be fixed by them
for a period not exceeding three years and on such conditions as
they think fit:
Appointment of
¿UVW5HJLVWUDU
3URYLGHGWKDWWKHSHUVRQDSSRLQWHGDVWKH¿UVW5HJLVWUDUVKDOO
UHWLUHIURPRႈFHLIGXULQJWKHWHUPRIKLVRႈFHKHFRPSOHWHVWKHDJH
of sixty years;
55. (1) It shall be the duty of the first Vice-Chancellor to make
arrangements for constituting the Syndicate and the Academic
Council and such other authorities of the University within six months
after the appointed date or such longer period, not exceeding one
year as the Government may, by notification, direct.
Transitory powers
RI¿UVW9LFH
Chancellor.
7KH ¿UVW 9LFH&KDQFHOORU VKDOO LQ FRQVXOWDWLRQ ZLWK WKH
Government, make such rules as may be necessary for the functioning
of the University.
(3) The authorities constituted under sub-section (1) shall
commence to exercise their functions on such date as the Government
PD\E\QRWL¿FDWLRQVSHFLI\LQWKLVEHKDOI
,WVKDOOEHWKHGXW\RIWKH¿UVW9LFH&KDQFHOORUWRGUDIWVXFK
statutes, ordinances and regulations as may be necessary and
submit them to the respective authorities competent to deal with them
for their disposal. Such statutes, ordinances and regulations, when
framed, shall be published in the Tamil Nadu Government Gazette.
(5) Notwithstanding anything contained in this Act and the
VWDWXWHVDQGXQWLOVXFKWLPHDQDXWKRULW\LVGXO\FRQVWLWXWHGWKH¿UVW
9LFH&KDQFHOORUPD\DSSRLQWDQ\RႈFHURUFRQVWLWXWHDQ\FRPPLWWHH
temporarily to exercise and perform any of the powers and duties of
such authority under this Act and the statutes.
CHAPTER XI.
MISCELLANEOUS.
56. All casual vacancies among the members other than
ex-officio members of any authority or other body of the University
shall be filled as soon as conveniently may be, by the person or
body, who or which, nominated or elected the member whose place
has become vacant and the person nominated or elected to a casual
vacancy shall be a member of such authority or body for the residue
of the term for which the person whose place he fills would have
been a member:
Filling of casual
vacancies.
3URYLGHGWKDWYDFDQFLHVDULVLQJE\HႉX[RIWLPHDPRQJHOHFWHG
PHPEHUVRIDQ\DXWKRULW\RURWKHUERG\RIWKH8QLYHUVLW\PD\EH¿OOHG
DWHOHFWLRQVZKLFKPD\EH¿[HGE\WKH9LFH&KDQFHOORUWRWDNHSODFH
on such days not earlier than two months from the date on which the
YDFDQFLHVDULVHDVKHWKLQNV¿W
164
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
3URYLGHG IXUWKHU WKDW QR FDVXDO YDFDQF\ VKDOO EH ¿OOHG LI VXFK
vacancy occurs within six months before the date of expiry of the term
of the members of any authority or other body of the University.
Proceedings
of University,
authority and
bodies not
invalidated by
vacancies.
57. No act or proceeding of any authority or other body of the
University shall be invalidated merely by reason of the existence
of any vacancy or of any defect or irregularity in the election or
appointment of a member of any authority or other body of the
University or of any defect or irregularity in such act or proceeding not
affecting the merits of the case or on the ground that the authority or
other body of the University did not meet at such interval as required
under this Act.
Removal from
membership of
University.
58. (1) The Syndicate may remove by an order in writing
made in this behalf any person from membership of any authority
of the University by a resolution passed by a majority of the total
membership of the Syndicate and by a majority of not less than
two-thirds of the members of the Syndicate present and voting at
the meeting, if such person has been convicted by a criminal court
for an offence which in the opinion of the Syndicate involves moral
turpitude or if he has been guilty of gross misconduct and for the
same reason, the Syndicate may withdraw any degree or diploma
conferred on or granted to that person by the University.
(2) The Syndicate may also by an order in writing made in this
behalf remove any person from the membership of any authority of
the University if he becomes of unsound mind or has applied to be
adjudicated or has been adjudicated, as an insolvent.
(3) No action under this section shall be taken against any person
unless he has been given a reasonable opportunity to show cause
against the action proposed to be taken.
(4) A copy of every order passed under sub-section (1) or
sub-section (2), as the case may be, shall, as soon as may be after
it is so passed, be communicated to the person concerned in the
manner prescribed by regulations.
Disputes as to
constitution
of University
authorities and
bodies.
59. If any question arises whether any person has been duly
elected or nominated as, or is entitled to be, a member of any authority
of the University or other body of the University, the question shall
be referred to the Chancellor whose decision thereon shall be final.
Power to obtain
information.
60. Notwithstanding anything contained in this Act, or in any
other law for the time being in force, the Government may, by order
in writing, call for any information from the University or any matter
relating to the affairs of the University and the University shall, if
such information is available with it, furnish the Government with
such information within a reasonable period:
Provided that in the case of information which the University
FRQVLGHUVFRQ¿GHQWLDOWKH8QLYHUVLW\PD\SODFHWKHVDPHEHIRUHWKH
Chancellor and Pro-Chancellor.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
165
61. (1) The sums at the credit of the Provident Fund accounts
of the persons referred to in sub-section (1) of section 52 as on the
appointed date and of the persons referred to in sub-section (2) of
section 52 as on the date specified in the order under clause (a) of
the said sub-section (2) shall be transferred to the University and
the liability in respect of the said provident fund accounts shall be
liability of the University.
Transfer of
accumulations
in provident fund
and other like
funds.
(2) There shall be paid to the University out of the
accumulations in the superannuation fund and other like funds, if any,
of the Bharathidasan University such amounts as have been credited
to the superannuation fund or other like funds, if any, on behalf of
the persons referred to in sub-sections (1) and (2) of section 52. The
amount so paid shall form part of superannuation fund or other like
IXQGVLIDQ\WKDWPD\EHHVWDEOLVKHGE\WKH8QLYHUVLW\IRUWKHEHQH¿W
of its employees.
62. (1) The Bharathidasan University shall, out of its funds as
on the appointed date, pay to the University such amount as the
Government may, in consultation with the Bharathidasan University,
specify.
Payment of certain
amounts by
Bharathidasan
University.
(2) The amount payable under sub-section (1) shall be in
addition to the amounts payable by the Bharathidasan University to
the University under section 52.
Tamil Nadu Act 2
of 1982 not to
apply.
63. (1) Subject to the provisions of sub-sections (2) to (8), the
1982 Act shall, with effect on and from the appointed date, cease
to apply in respect of the areas to which the provisions of this Act
extend.
6XFKFHVVRUVKDOOQRWDႇHFW²
(a) the previous operation of the 1982 Act in respect of the
areas to which the provisions of this Act extend; or
(b) any penalty, forfeiture or punishment incurred in
UHVSHFWRIDQ\RႇHQFHFRPPLWWHGDJDLQVWWKH$FWRU
(c) any investigation, legal proceeding or remedy in respect
of such penalty, forfeiture or punishment, and any such investigation,
legal proceeding or remedy may be instituted, continued or enforced
and any such penalty, forfeiture or punishment may be imposed as if
this Act had not been passed.
(3) Notwithstanding anything contained in sub-section (1), all
statutes, ordinances and regulations made under the 1982 Act and in
force on the appointed date, shall in so far as they are not inconsistent
with this Act, continue to be in force in the University area until they
are replaced by the statutes, ordinances and regulations to be made
under this Act.
166
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(4) Notwithstanding anything contained in this Act, the statutes,
ordinances and regulations continued in force under sub-section (3)
or made under this Act, every person who, immediately before the
appointed date, was a student of a college within the University area
DႈOLDWHGWRRUDSSURYHGE\WKH%KDUDWKLGDVDQ8QLYHUVLW\DQGRIWKH
Departments of the University or was eligible to appear for any of the
examinations of the Bharathidasan University shall be permitted to
complete his course of study in the Kalaignar University, and Kalaignar
University shall make arrangements for the instruction, teaching and
training for such students for such period and in such manner as may
be determined by the Kalaignar University in accordance with the
course of study in the Bharathidasan University and such students
shall, during such period, be admitted to the examinations held or
conducted by the Bharathidasan University and the corresponding
degree, diploma or other academic distinctions of the Bharathidasan
8QLYHUVLW\VKDOOEHFRQIHUUHGXSRQWKHTXDOL¿HGVWXGHQWVRQWKHUHVXOW
of such examinations, by the Bharathidasan University.
(5) All colleges within the University area which immediately
before the appointed date,—
D FRQWLQXH WR EH DႈOLDWHG WR RU UHFRJQLVHG E\ WKH
Bharathidasan University; and
(b) provide courses of study for admission to the
examination for degrees of the Bharathidasan University;
VKDOO EH GHHPHG WR WKH FROOHJHV DႈOLDWHG WR WKH .DODLJQDU
University under this Act and the provisions of this Act shall, as far as
may be, apply accordingly.
(6) All colleges within the University area which immediately
before the appointed date, continue to be recognised by the
Bharathidasan University as colleges providing courses of study for
admission to the examinations of that University, for degrees and
diplomas, shall be deemed to be colleges approved by the University
under this Act and the provisions of this Act shall, as far as may be,
apply accordingly.
(7) All hostels within the University area which immediately before
the appointed date, continue to be recognised by the Bharathidasan
University, shall be deemed to be hostels recognised by the Kalaignar
University under this Act and the provisions of this Act, shall as far as
may be, apply accordingly.
(8) Subject to the provisions of sub-section (2), but without
prejudice to the provisions of sub-sections (3) to (6), anything done
or any action taken before the appointed date under any provisions
of the 1982 Act in respect of any area to which the provisions of this
Act extend shall be deemed to have been done or taken under the
FRUUHVSRQGLQJSURYLVLRQVRIWKLV$FWDQGVKDOOFRQWLQXHWRKDYHHႇHFW
accordingly unless and until superseded by anything done or any
action taken under the corresponding provisions of this Act.
Registration of
graduates.
64. (1) On and from the appointed date, every person ordinarily
resident within the University area, who—
(a) has been for a period of not less than three years a
graduate of any University in the territory of India; or
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
167
(b) is a registered graduate of any University in the
territory of India, shall be entitled to have his name entered in the
UHJLVWHURIJUDGXDWHVPDLQWDLQHGXQGHUWKLV$FWIRUDSHULRGRI¿YH
years on payment of such fee and subject to such conditions as may
be prescribed by the statutes.
(2) All applications for registration under sub-section (1) shall be
sent to the Registrar together with the prescribed fee and such proof
RITXDOL¿FDWLRQVDVPD\EHSUHVFULEHGE\WKHVWDWXWHV
(3) The Registrar shall, on receipt of an application made under
VXEVHFWLRQDQGDIWHUPDNLQJVXFKHQTXLU\DVKHGHHPV¿WHQWHU
in the register of graduates the name of the applicant.
(4) Every person whose name has been entered in the register of
graduates under sub-section (3) shall be entitled to have such entry
UHQHZHGHYHU\¿YH\HDUVRQDSSOLFDWLRQPDGHLQWKDWEHKDOIWRWKH
Registrar within such time, in such manner and on payment of such
fee as may be prescribed by the statutes.
65. (1) The Syndicate may invite a person of high academic
distinction and professional attainments to accept a post of Professor
in the University on such terms and conditions as it deems fit, and
on the person agreeing to do so, appoint him to the post.
Special mode of
appointment.
(2) The Syndicate may appoint a teacher or any other member of
WKHDFDGHPLFVWDႇZRUNLQJLQDQ\RWKHU8QLYHUVLW\RURUJDQLVDWLRQIRU
undertaking a joint project in accordance with the manner laid down
in the ordinances.
Central Act 45 of
2023.
66. The Vice-Chancellor, the Registrar, the Finance Officer, the
Controller of Examinations and other employees of the University
shall be deemed, when acting or purporting to act in pursuance of
any of the provisions of this Act, to be public servants within the
meaning of clause (28) of section 2 of the Bharatiya Nyaya Sanhita,
2023.
Vice-Chancellor
and other
RႈFHUVHWF
to be public
servants.
67. The Syndicate shall, at the end of every three years from the
appointed date, submit a report to the Government on the condition
of the affiliated and approved colleges within the University area.
The Government shall take such action on it as they deem fit.
5HSRUWRQDႈOLDWHG
colleges.
68. (1) If any difficulty arises as to the first constitution or
re-constitution of any authority of the University after the appointed
date or otherwise in giving effect to the provisions of this Act,
the Government may, by notification, make such provision, not
inconsistent with the provisions of this Act, as may appear to them
to be necessary or expedient for removing the difficulty:
Power to remove
GLႈFXOWLHV
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of three years from the date of establishment of the University under
section 3.
168
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(YHU\QRWL¿FDWLRQLVVXHGXQGHUVXEVHFWLRQRUXQGHUDQ\
other provisions of this Act shall, as soon as possible after it is issued,
be placed on the table of the Legislative Assembly, and if, before the
expiry of the session in which it is so placed or the next session,
WKH $VVHPEO\ PDNHV DQ\ PRGL¿FDWLRQ LQ DQ\ VXFK QRWL¿FDWLRQ RU
WKH$VVHPEO\GHFLGHVWKDWWKHQRWL¿FDWLRQVKRXOGQRWEHLVVXHGWKH
QRWL¿FDWLRQ VKDOO WKHUHDIWHU KDYH HႇHFW RQO\ LQ VXFK PRGL¿HG IRUP
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PRGL¿FDWLRQRUDQQXOPHQWVKDOOEHZLWKRXWSUHMXGLFHWRWKHYDOLGLW\RI
DQ\WKLQJSUHYLRXVO\GRQHXQGHUWKDWQRWL¿FDWLRQ
Power of
Government to
issue directions.
69. The Government may, from time to time, issue such
directions to the University, as they may deem fit, for giving effect to
the provisions of this Act and it shall be the duty of the University, to
comply with such directions.
Removal of
doubts.
70. For the removal of doubts, it is hereby declared that
members of the authorities of the Bharathidasan University elected
or nominated or otherwise as such members under the 1982 Act,
from the colleges deemed to have been affiliated to the University
under sub-section (5) of section 63 of this Act and holding office
as such members in any of the authorities of the Bharathidasan
University immediately before the date of commencement of this
Act shall continue to be such members till the term of office expires.
Amendment of
section 1.
AMENDMENTS TO BHARATHIDASAN UNIVERSITY ACT,
1981.
71. In section 1 of the Bharathidasan University Act, 1981
(hereinafter called as the 1982 Act), for sub-section (2), the following
sub-section shall be substituted, namely:—
Tamil Nadu Act 2
of 1982.
“(2) It extends to the area comprising the districts of
Tiruchirappalli, Karur, Perambalur and Pudukottai in the State of
Tamil Nadu.”
Substitution of
Schedule.
72. For the Schedule to the 1982 Act, the following Schedule
shall be substituted, namely:—
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
169
“THE SCHEDULE.
[See section 2 (dd)]
Serial
Number.
(1)
Name of the Colleges.
(2)
1.
Thanthai Periyar Government Arts and Science College (Autonomous), Tiruchirappalli.
2.
Government Arts College, Tiruchirappalli.
3.
Arignar Anna Government Arts College, Musiri.
4.
Government Arts and Science College, Srirangam.
5.
Government Arts and Science College, Kumulur, Lalgudi.
6.
Government Arts and Science College, Manapparai.
7.
Government Arts College (Autonomous), Karur.
8.
Dr.Kalaignar Government Arts College, Kulithalai.
9.
Govternment Arts and Science College, Tharagampatti.
10.
Government Arts and Science College, Karur.
11.
Government Arts and Science College, Perambalur.
12.
Government Arts and Science College for Women, Veppur.
13.
Government Arts and Science College, Veppanthattai, Perambalur.
14.
Kalaignar Karunanidhi Government Arts College for Women (Autonomous), Pudukkottai.
15.
H.H. The Rajah’s College (Autonomous), Pudukkottai.
16.
Government Arts and Science College, Karambakudi, Pudukkottai District.
17.
Government Arts and Science College, Aranthangi.
18.
Government Arts and Science College, Alangudi, Pudukkottai.
19.
Government Arts and Science College, Thirumayam, Pudukkottai.”.
APPENDIX
THE SCHEDULE.
[See section 2 (g)]
Serial
Number.
(1)
Name of the Government Colleges.
(2)
1.
Government College for Women (Autonomous), Kumbakonam.
2.
Kunthavai Naacchiyaar Government Arts College for Women (Autonomous), Thanjavur.
3.
Rajah Serfoji Government College (Autonomous), Thanjavur.
4.
Government Arts College Autonomous), Kumbakonam.
5.
Government Arts and Science College, Peravurani.
170
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
6.
Government Arts and Science College for Women, Orathanadu.
7.
Government Arts and Science College, Thirukkattupalli.
8.
Government Arts and Science College, Vedaranyam.
9.
Government Arts and Science College, Nagapattinam.
10.
Government Arts College, Ariyalur.
11.
Government Arts and Science College, Jayankondam.
12.
M.R. Government Arts College, Mannargudi.
13.
Thiru. Vi. Ka. Government Arts College, Thiruvarur.
14.
Government Arts and Science College, Thiruthuraipoondi.
15.
Government Arts and Science College, Nannilam.
16.
Government Arts and Science College for Women, Koothanallur.
17.
Dr.Puratchi Thalaivar M.G.R Government Arts and Science College, Kudavasal.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
171
STATEMENT OF OBJECTS AND REASONS
7KH+RQ¶EOH&KLHI0LQLVWHUKDVPDGHDQDQQRXQFHPHQWRQRQWKHÀRRURIWKH7DPLO1DGX
Legislative Assembly that a New University in the name of “Kalaignar University” will be established at
Kumbakonam.
2.
In the State of Tamil Nadu, Bharathidasan University is the only State University, covering larger areas
of the State comprising of eight districts viz. Ariyalur, Karur, Nagapattinam, Perambalur, Pudukkottai, Thanjavur,
7KLUXFKLUDSDOOLDQG7KLUXYDUXUDQGWKH8QLYHUVLW\¿QGVGLႈFXOWWRFDWHUWKHQHHGVRIWKHVWXGHQWVHVSHFLDOO\LQ
WKHFRDVWDODUHDRIWKHGHOWDGLVWULFWV,QRUGHUWRIXO¿OOWKHHYHUJURZLQJGHPDQGVRI+LJKHU(GXFDWLRQIURP
GLYHUVHVHFWLRQVRIWKH6RFLHW\DQGDOVRWRIXO¿OOWKHDVSLUDWLRQVRIWKH\RXWKHVSHFLDOO\LQWKHGHOWDUHJLRQIURP
a disadvantaged background to enter Higher Education Institutions and also to increase the Gross Enrolment
Ratio in the said region, the establishment of Kalaignar University is essentially required. This University will
provide world-class facilities and dissemination of knowledge to the upliftment of the marginalized who live in
the four districts a viz. Ariyalur, Nagapattinam, Thanjavur and Thiruvarur.
7RJLYHHႇHFWWRWKHDERYHVDLGDQQRXQFHPHQWWKH*RYHUQPHQWKDYHGHFLGHGWRHVWDEOLVKDQHZ
University named as “Kalaignar University” at Kumbakonam by bifurcating the Bharathidasan University.
7KH%LOOVHHNVWRJLYHHႇHFWWRWKHDERYHGHFLVLRQ
DR. GOVI. CHEZHIAAN,
Minister for Higher Education.
172
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clauses 1(4), 4, 6(2), 11 (3), 12 (11), 13 (1), 14 (3), 15, 16, 17 (1), 21 (7), 22 (1), 23 (1), 24, 25 (2), 27(8), 29,
30, 31, 32, 34, 36, 37, 38, 40, 42, 43, 44, 45(3), 46(1), 47, 48, 49, 55, 58(4), 64, 67, and 68 of the Bill authorize
the Government, the Academic Council, the Syndicate and other authorities of the University to prescribe the
PDQQHUDQGPHWKRGRIJLYLQJHႇHFWWRFHUWDLQSURYLVLRQVRIWKHSURSRVHG$FWZKHQHQDFWHGDQGEURXJKWLQWR
RSHUDWLRQE\LVVXLQJVXLWDEOHRUGHUVQRWL¿FDWLRQVVWDWXWHVRUGLQDQFHVRUUHJXODWLRQVDVWKHFDVHPD\EH
2.
The powers delegated are normal and not of an exceptional character.
DR. GOVI. CHEZHIAAN,
Minister for Higher Education.
Secretariat,
Chennai,
K. SRINIVASAN,
28th April 2025.
Principal Secretary.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
173
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 28th April 2025 is published together with
Statement of Objects and Resasons for general information:-
L.A Bill No. 20 of 2025
A BILL FURTHER TO AMEND THE TAMIL NADU SHOPS AND
ESTABLISHMENTS ACT, 1947.
%ඍ it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Seventy-sixth Year of the Republic of India as
follows:—
1.
(1) This Act may be called the Tamil Nadu Shops and
Establishments (Amendment) Act, 2025.
(2) It shall come into force on such date as the State
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Short title and
commencement.
Tamil Nadu Act
XXXVI of 1947
2.
For Chapter IX of the Tamil Nadu Shops and Establishments
Act, 1947 (hereinafter referred to as the principal Act), the following
Chapter shall be substituted, namely:—
“CHAPTER IX
Penalties and Adjudicating Mechanism.
45. Penalties.– (1) Whoever contravenes any of the provisions of
sections 3, 7 to 11, 13 to 23, 25, 26, 29 to 41, 47, 47-A and 50-A shall,
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thousand rupees and for a second or subsequent contravention, be
liable for penalty which may extend to ten thousand rupees.
Substitution of
Chapter IX.
Explanation.— For the purpose of this sub-section, “second or
subsequent contravention” means the same or similar contravention
committed by an employer within a period of three years from the
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(2) Any employer who fails to comply with section 41-A shall
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where such failure is a continuing one, with a further penalty which
may extend to two hundred rupees for every day during which such
failure continues after the imposition of penalty or compounding of
contravention, as the case may be, and the penalty shall not exceed
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that the whole or any part of the penalty to be paid by the employer
shall be paid, by way of compensation, to the aggrieved employee.
(3) Any person,—
(a) who willfully obstructs,—
(i) an Inspector while he is exercising any power
conferred on him under this Act; or
(ii) any person lawfully assisting an Inspector in the
exercise of his powers; or
(b) who fails to comply with any lawful direction made by an
Inspector,
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174
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
46. Compounding of contraventions.– (1) Any contravention
under section 45 or of any rules made under this Act may, either
before or after the initiation of adjudication proceeding but before
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authorised in this behalf by the Commissioner of Labour, on payment
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Provided that such amount shall not, in any case, exceed the
maximum penalty which may be imposed under this Act for that
contravention so compounded.
(2) Where any contravention has been compounded under
sub-section (1), no other proceeding shall be initiated or continued
under this Act in respect of the contravention so compounded.
$ $GMXGLFDWLQJ RႈFHU² (1) The State Government, for
the purposes of determining the penalties under this Act, may, by
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penalty in such manner as may be prescribed:
Provided that the State Government may appoint as many
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attendance of any person acquainted with the facts and circumstances
of the case to give evidence or to produce any document, which in the
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the person concerned has failed to comply with any of the provisions
referred to in section 45 or any rules made under this Act, he may
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Provided that no such penalty shall be imposed without giving
the person concerned a reasonable opportunity of being heard.
46-B. Appeal.— (1) Whoever aggrieved by an order passed
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within sixty days from the date of receipt of order in such manner as
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not below the rank of Additional Commissioner of Labour, appointed
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(2) An appeal may be admitted after the expiry of the period
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(3) The Appellate Authority may, after giving an opportunity
of hearing to the parties to the appeal, pass such order as he deems
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(4) The Appellate Authority shall dispose of the appeal within
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46-C. Recovery.— If the penalty imposed under section 46-A
or under section 46-B, as the case may be, is not deposited in such
manner as may be prescribed, the amount due shall be recovered as
an arrear of land revenue.”.
Amendment of
section 49.
3. In section 49 of the principal Act, in sub-section (2), for the
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
175
STATEMENT OF OBJECTS AND REASONS.
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“Business Reforms Action Plan, 2024 (BRAP 2024)” and “Reducing Compliance Burden Plus 2024 initiative
5&%´,QWKH,PSOHPHQWDWLRQ*XLGHIRUWKH6WDWHV87VIRU5&%LGHQWL¿FDWLRQRIFRPSOLDQFHDQG
reduction has been made in respect of various labour legislations relating to Shops and Establishments. The
RCB 2024+ covers four fundamental pillars of compliance and reduction, which includes decriminalisation.
)XUWKHULQWKHVDLG5&%GHFULPLQDOLVDWLRQKDVEHHQFODUL¿HGDVUHGXFLQJWKHVHYHULW\RISXQLVKPHQWV
by removal of imprisonment, introduction of penalty mechanisms, proportionate or graded punishments,
establishing adjudication and appellate mechanisms.
+HQFHDVHQYLVDJHGLQWKHVDLG5&%LWLVHVVHQWLDOWRGHFULPLQDOLVHWKHRႇHQFHVXQGHUWKH
Tamil Nadu Shops and Establishments Act, 1947 (Tamil Nadu Act XXXVI of 1947) by replacing the punishments
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doing business. Accordingly, the Government have decided to amend the said Act suitably for the said purpose.
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C.V. GANESAN,
Minister for Labour Welfare and
Skill Development.
176
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
MEMORANDUM REGARDING DELEGATED LEGISLATION
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2. The powers delegated are normal and not of an exceptional character.
C.V. GANESAN,
Minister for Labour Welfare and
Skill Development.
PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI
ON BEHALF OF THE GOVERNMENT OF TAMIL NADU
Secretariat,
Chennai,
K. SRINIVASAN,
28th April 2025.
Principal Secretary.