IV-2—Ex. (263)
©
[Regd. No. TN/CCN/467/2012-14.
GOVERNMENT OF TAMIL NADU
[R. Dis. No. 197/2009.
2025
[Price: Rs. 15.20 Paise.
TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 263]
CHENNAI, FRIDAY, JUNE 6, 2025
Vaikasi 23, Visuvaavasu, Thiruvalluvar Aandu-2056
Part IV—Section 2
Tamil Nadu Acts and Ordinances
[147]
CONTENTS
Pages.
ACTS:
No.36 of 2025—Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law
offenders, Drug offenders, Forest-offenders, Goondas, Immoral Traffic
Offenders, Sand-offenders, Sexual-offenders, Slum-grabbers and Video
Pirates (Amendment) Act, 2025.
..
..
..
..
148-151
No.37 of 2025—Tamil Nadu Fire and Rescue Service Act, 2025. ..
153-175
No.38 of 2025—Tamil Nadu Town and Country Planning (Amendment) Act, 2025.
177-180
No.39 of 2025—Tamil Nadu Shops and Establishments (Amendment) Act, 2025.
181-183
148
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
The following Act of the Tamil Nadu Legislative Assembly
received the assent of the Governor on the 6th June 2025 and
is hereby published for general information:—
ACT No. 36 OF 2025.
An Act further to amend the Tamil Nadu Prevention of
Dangerous Activities of Bootleggers, Cyber law offenders,
Drug offenders, Forest-offenders, Goondas, Immoral Traffic
Offenders, Sand-offenders, Sexual-offenders, Slum-grabbers
and Video Pirates Act, 1982.
Be it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Seventy-sixth Year of the Republic of India as
follows:—
Short title and
commencement.
1. (1) This Act may be called the Tamil Nadu Prevention of
Dangerous Activities of Bootleggers, Cyber law offenders, Drug
offenders, Forest-offenders, Goondas, Immoral Traffic Offenders,
Sand-offenders, Sexual-offenders, Slum-grabbers and Video Pirates
(Amendment) Act, 2025.
(2) It shall come into force on such date as the State
Government may, by notification, appoint.
Amendment of long
title.
2. In the long title to the Tamil Nadu Prevention of Dangerous
Activities of Bootleggers, Cyber law offenders, Drug offenders,
Forest-offenders, Goondas, Immoral Traffic Offenders, Sand-
offenders, Sexual-offenders, Slum-grabbers and Video Pirates Act,
1982 (hereinafter referred to as the principal Act), for the expression
"bootleggers, cyber law offenders, drug offenders", the expression
"bio-medical waste offenders, bootleggers, cyber law offenders, drug
offenders, economic offenders” shall be substituted.
Tamil Nadu
Act 14 of 1982.
Amendment of
preamble.
3. In the preamble to the principal Act,—
(1) in the first paragraph, for the expression "bootleggers,
cyber law offenders, drug offenders", the expression "bio-medical
waste offenders, bootleggers, cyber law offenders, drug offenders,
economic offenders” shall be substituted;
(2) in the second paragraph, for the expression "bootleggers,
cyber law offenders, drug offenders", the expression "bio-medical
waste offenders, bootleggers, cyber law offenders, drug offenders,
economic-offenders” shall be substituted.
Amendment of
section 1.
4. In section 1 of the principal Act, for sub-section (1), the
following sub-section shall be substituted, namely:—
"(1) This Act may be called the Tamil Nadu Preventive
Detention Act, 1982.".
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
5. In section 2 of the principal Act, —
(1) in clause (a),—
(a) sub-clauses (i) and (i-A) shall be re-numbered
as sub-clauses (i-A) and (i-B), respectively, and before sub-clause
(i-A) as so re-numbered, the following sub-clause shall be inserted,
namely: —
“(i) in the case of a bio-medical waste offender,
when he is engaged, or is making preparations for engaging in any of
his activities as a bio-medical waste offender, which affect adversely,
or are likely to affect adversely, the maintenance of public order;”;
(b) sub-clause (ii-A) shall be re-numbered as sub-clause
(ii-B) and before sub-clause (ii-B) as so re-numbered, the following
sub-clause shall be inserted, namely: —
“(ii-A) in the case of an economic offender, when
he is engaged, or is making preparations for engaging in any of his
activities as an economic offender, which affect adversely, or are
likely to affect adversely, the maintenance of public order;”;
(2) after clause (a), the following clause shall be inserted,
namely: —
“(aa) “bio-medical waste offender” means a person,
who disposes of or attempts to dispose of any bio-medical waste in
contravention of the Bio-Medical Waste Management Rules, 2016,
which is punishable under the Environment Protection Act,1986
(Central Act 29 of 1986);”;
(3) clause (ee) shall be re-lettered as clause (eee) and
before clause (eee) as so re-lettered, the following clause shall be
inserted, namely: —
“(ee) “economic offender” means a person, who
commits or attempts to commit or abets the commission of any
offence punishable under the Chit Funds Act, 1982 (Central Act 40
of 1982) or the Tamil Nadu Protection of Interests of Depositors (in
Financial Establishments) Act, 1997 (Tamil Nadu Act 44 of 1997) or
the Banning of Unregulated Deposit Schemes Act, 2019 (Central Act
21 of 2019);”;
(4) in clause (f), for the expression “punishable under section
153 or section 153-A under Chapter VIII or under Chapter XVI other
than sections 354, 376, 376-A, 376-B, 376-C, 376-D and 377 or
Chapter XVII or Chapter XXII of the Indian Penal Code (Central Act
XLV of 1860)”, the expression “punishable under sections 80, 87
to 97 under Chapter V or Chapter VI except section 113 or section
192 or section 196 under Chapter XI or under Chapter XVII or under
Chapter XIX except sections 356 and 357 of the Bharatiya Nyaya
Sanhita, 2023 (Central Act 45 of 2023)” shall be substituted;
Amendment of
section 2.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(5) for clause (g), the following clause shall be substituted,
namely: —
“(g) “immoral traffic offender” means a person who
commits or abets the commission of any offence punishable under
sections 98 and 99 of the Bharatiya Nyaya Sanhita, 2023 (Central
Act 45 of 2023) or punishable under the Immoral Traffic (Prevention)
Act, 1956 (Central Act 104 of 1956);”;
(6) in clause (ggg), for the expression “punishable under
sections 354, 376, 376-A, 376-B, 376-C, 376-D or 377 of the Indian
Penal Code (Central Act XLV of 1860)”, the expression “punishable
under sections 64 to 71 or sections 74 to 79 under Chapter V of the
Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023)” shall be
substituted.
Amendment of
section 3.
6. In section 3 of the principal Act, in sub-section (1), for the
expression “bootlegger, or cyber law offender or drug offender”, the
expression "bio-medical waste offender or bootlegger or cyber law
offender or drug offender or economic offender” shall be substituted.
Amendment of
section 4.
7. In section 4 of the principal Act, for the expression “the Code
of Criminal Procedure, 1973 (Central Act 2 of 1974)", the expression
“the Bharatiya Nagarik Suraksha Sanhita, 2023 (Central Act 46 of
2023)” shall be substituted.
Amendment of
section 7.
8. In section 7 of the principal Act,—
(1) for sub-section (1), the following sub-section shall be
substituted, namely:—
"(1) If the State Government have, or an officer
mentioned in sub-section (2) of section 3 has, reason to believe
that a person in respect of whom, a detention order has been made
has absconded, or is concealing himself so that the order cannot be
executed, then the provisions of sections 84 to 89 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (Central Act 46 of 2023) shall
apply in respect of such person and his property, subject to the
modifications mentioned in this sub-section and, irrespective of the
place where such person ordinarily resides, the detention order made
against him shall be deemed to be a warrant issued by a competent
Court. Where the detention order is made by the State Government,
an officer, not below the rank of District Magistrate or Commissioner
of Police authorised by the State Government in this behalf,
or where the detention order is made by an officer mentioned in
sub-section (2) of section 3, such officer, as the case may be, shall
irrespective of his ordinary jurisdiction, be deemed to be empowered
to exercise all the powers of the competent Court under sections
84, 85, 86, 87 and 88 of the said Sanhita for issuing a proclamation
for such person and for identification, attachment and sale of his
property situated in any part of the State and for taking any other
action under the said sections. An appeal from any order made by
any such officer rejecting an application for restoration of attached
property shall lie to the Court of Session, having jurisdiction
in the place where the said person ordinarily resides, as provided
in section 89 of the said Sanhita.”;
(2) in sub-section (2), in clause (c), for the expression “said
Code”, the expression “said Sanhita” shall be substituted.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
9. In section 17 of the principal Act,—
(1) In the marginal heading, for the expression “bootlegger,
cyber law offender, drug offender”, the expression “bio-medical waste
offender, bootlegger, cyber law offender, drug offender, economic
offender" shall be substituted;
(2) for the expression ”bootlegger, cyber law offender,
drug offender”, the expression “bio-medical waste offender,
bootlegger, cyber law offender, drug offender, economic offender"
shall be substituted.
Amendment of
section 17.
(By Order of the Governor)
S. GEORGE ALEXANDER,
Secretary to Government,
Law Department.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
153
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
The following Act of the Tamil Nadu Legislative Assembly
received the assent of the Governor on the 6th June 2025 and
is hereby published for general information:—
ACT No. 37 OF 2025.
An Act to repeal and re-enact the Tamil Nadu Fire Service
Act,1985.
Be 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 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, by notification, appoint.
Short title,
extent and
commencement.
2. In this Act, unless the context otherwise requires, ––
(a) “Appellate Authority” means an Appellate Authority notified
by the Government under section 54;
(b) “building” means the building as defined in clause (15) of
rule 2 of the Tamil Nadu Combined Development and Building Rules,
2019 and includes petrol, diesel or gas lines, installations or pumps;
(c) “Bye-law” means fire safety regulations or norms or
guidelines 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 Rules relating to fire prevention, or any relevant guidelines
by the 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;
Definitions.
Central Act 53 of
2005.
(e) “disaster” means a disaster as defined in clause (d) of section
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;
(g) “Fire and Rescue Services Officer” means an officer
appointed under sub-section (1) of section 9;
(h) “Fire and Rescue Services Station or Rescue Service
Station” means a building to house the fire-fighting and rescue
equipment,
appliances
and
staff
constituted,
organised
or
reorganised generally or specially by the Government to be a Fire
and Rescue Services Station or Rescue Service Station and other
field formations under section 8;
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(i) “fire prevention and life safety measures” mean such
measures as are necessary to ensure, individually or collectively, the
safety of life from fire, smoke, fumes and also from panic arising out
of these or similar causes and shall include provision of fire-fighting
equipment for the containment, control and fighting of fire and for
ensuring the safety of life and property in case of fire or any other
emergency as may be prescribed;
(j) “Fire Safety Audit Agency” means a person or company
empanelled by the Government under sub-section (1) of section 32;
(k) “Fire Safety Officer” means the person appointed as such
under section 33;
(l) “Government” means the State Government;
(m) “local body” means a local body as defined in clause (66)
of rule 2 of the Tamil Nadu Combined Development and Building
Rules, 2019;
(n) “National Building Code” means the book or books
containing fire prevention and life safety measures to be implemented
in the 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
(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;
155
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(t) “rescue” means an immediate action of fire and rescue
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.
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.
Establishment of
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.
Superintendence
and control of
the Tamil Nadu
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;
(3) The Government may, by notification in the Tamil Nadu
Government Gazette, review the pattern of the existing fire and
rescue services in the State and if deemed fit, may modify the same.
Constitution and
Classification of
Fire and Rescue
Services.
(4) Save as otherwise provided by or under this Act, every
person holding office, by whatever designation called, of the
Tamil Nadu Fire and Rescue Services on the date immediately before
the commencement of this Act, shall continue to hold office on the
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.
156
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Powers, duties and
functions of the
Director.
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
office of Director and shall, —
(i) liaise with the Government for the development of fire
and rescue services;
(ii) frame policies in relation to the development of fire and
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
Government with regard to the periodical review of fire equipment,
fire properties and manpower for effective implementation of fire and
rescue services;
(iv) take or cause to be taken such effective steps and
measures in cases of major fires, building collapse and other rescue
services;
(v) investigate or cause to be investigated the cause of fire,
and also seek the help of Government Forensic Science Laboratories
and advise the authorities for implementing fire precautionary
measures;
(vi) provide such number of officers and staff or employees
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;
(vii) implement the effective human resource development
policies in accordance with the assigned jobs at each level of fire
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
international forums with a view to update the standard of fire and
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
and other field
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.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(2) Every order issued under sub-section (1) shall define the
limits of the Fire and Rescue Services Stations, Rescue Service
Stations and other field formations to which it relates.
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.
(2) The Government shall, for the efficient functioning of the
Tamil Nadu Fire and Rescue Services, appoint such other officers and
staff as may be required and their qualifications and other conditions
of services shall be such as may be prescribed.
Appointment of
Fire and Rescue
Services Officer
and other
officers.
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.
Powers, duties
and functions of
Fire and Rescue
Services Officer.
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.
(2) The certificate referred to in sub-section (1) shall cease to
have effect when the member named therein ceases, for any reason,
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
certificate to the officer empowered to receive the same.
Issue of Certificate
to the members
of Fire and
Rescue
Services.
(3) The certificate of appointment shall become null and
void 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 no specific rules have been prescribed in any matter,
the Acts and 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.
Effect of
suspension.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Auxiliary Fire
and Rescue
Services.
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.
CHAPTER III.
FIRE AND RESCUE RESPONSE.
Response to calls.
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.
Personnel
and scale of
equipment.
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.
Operation
management.
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.
(2) The Director shall ensure that fire and rescue management
plans of the Fire and Rescue Services Stations, Rescue Service
Stations and other field formations are prepared in conformity with
the respective District Disaster Management Plans.
Powers of
members of the
Tamil Nadu Fire
and Rescue
Services on
occurrence of
fire or rescue
operation.
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 the fire or saving life or property;
(ii) close or cause to close any street or passage in or near a
place where fire is being fought or rescue work is in progress;
(iii) for the purpose of extinguishing fire and carrying out
rescue 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 the purpose of extinguishing fire:
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 regulate the water mains so as to provide water at a specified
pressure at the place where fire has broken out and utilise the water
of any 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 such fire and carrying out rescue operations in such
manner as may be prescribed;
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(v) exercise the same powers for dispersing an assembly
of persons likely to obstruct the fire-fighting or rescue operation
as if he is an officer-in-charge of a police station and as if such an
assembly were an unlawful assembly and shall be entitled to the
same immunities and protection available to such officer, in respect
of the exercise of such powers;
(vi) arrest any person who willfully obstructs and hinders
the fire and rescue services personnel in fire-fighting and rescue
operations and shall hand him over to a police officer or at the nearest
police 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
maintains personnel or equipment or both for fire-fighting purposes,
to secure, such personnel or equipment on such terms as may be
prescribed, for the purpose of dealing with fire occurring in any area;
and
(viii) take such measures as may appear to him to be
necessary for extinguishing the fire or for the protection of life or
property, or both.
CHAPTER IV.
WATER SUPPLY.
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.
Power to arrange
for water supply
during fire-
fighting.
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.
Duty to arrange
water supply.
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.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
CHAPTER V.
GENERAL MEASURES FOR FIRE PREVENTION AND LIFE
SAFETY MEASURES.
Preventive
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.
Fire prevention
and life safety
measures in the
pandals to be
self-regulatory.
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
own signature to the effect that he has taken all fire prevention and
fire safety measures therein as may be prescribed.
(3) It shall be lawful for the Director or the Fire and Rescue
Services Officer not below the rank of Station Officer to enter and
inspect the 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, if any, with a direction to rectify such
shortcomings, within a specified time. If the directions of the inspecting
officer are not complied with within the specified time, the same shall
be reported to the Executive 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
complied with the prescribed fire prevention and fire safety measures
in the pandal, shall be deemed to have committed an offence
punishable under this Act.
Removal of
encroachments
or objects or
goods likely to
cause a risk
of fire or any
obstruction to
fire fighting.
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
Officer considers such encroachments or objects or goods to be an
imminent cause of risk of fire or obstruction to firefighting, he may
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,
to do so, the Director or Fire and Rescue Officer as the case may
be, may remove the same and report the matter to the Executive
Magistrate of the taluk concerned.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(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
cause a risk of fire or obstruction to fire-fighting, may make an order
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
the said objects or goods specified therein will be sold if the same are
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.
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,
shall, prior to the occupation of the building, obtain a fire licence for
Category A buildings or a fire safety certificate for Category B buildings
or a self-certified fire safety protocol for Category C buildings and
shall renew the fire licence or fire safety certificate or self-certified
fire safety protocol, as the case may be, within the time as may be
prescribed.
Classification of
Buildings.
uilding, 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 of commencement of this Act for which a fire licence is required
under this Act, the application for fire licence shall be submitted within
the date of expiry of existing fire licence or one 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.
(3) On receipt of such application, the officer authorised in this
behalf by the Government by notification, shall inspect the building,
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.
Issue of fire
licence.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
27. (1) Any owner or occupier, as the case may be, of a
Category A b (4) Where the application is not processed within
the prescribed time under sub-section (3), it shall be escalated to
such higher officer authorised in this behalf by the Government
by notification and he 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 period as may be prescribed, subject to fulfilment of such terms
and conditions specified in the licence. The licence shall be displayed
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 Services Officer or the terms and conditions specified in the
licence, then, the officer authorised by the Government in this behalf
may after giving an opportunity of being heard, suspend or cancel the
licence.
(9) The owner or occupier, whose fire licence has been
cancelled, shall not occupy the building.
(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
before the Appellate Authority to be notified by the Government in this
behalf.
(11) The Appellate Authority shall dispose of the said appeal
within such time as may be prescribed.
Fire safety
certificate by the
fire safety audit
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 commencement of this Act for which fire safety certificate is
required under this Act, the application shall be submitted within one
hundred and eighty days from the date of commencement of this Act:
Provided further that if such building has a valid fire licence
under the Tamil Nadu Fire Service Act, 1985, the application shall
be submitted within the date of expiry of such fire licence or one
hundred and eighty days from the date of commencement of this Act,
whichever is later.
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Tamil Nadu Act 40
of 1985
(2) Every application under sub-section (1) shall be
accompanied by such fee and such documents as may be prescribed.
(3) On receipt of such application, the fire safety audit agency
shall make objective assessment of the fire safety arrangements in
the building and recommend measures to reduce the potential risks,
if any, and only after compliance of the recommendations, the fire
safety audit agency may issue fire safety certificate in such form as
may be prescribed.
(4) The certificate issued under this section shall be valid for
three years from the date on which it is granted.
(5) Every certificate shall be renewable for such period, in
such manner, and on payment of such fees, as may be prescribed.
(6) The owner or occupier, as the case may be, shall upload
the fire safety certificate issued by such agency in the online portal
referred to in section 27, within such time as may be prescribed and
also display the certificate in a prominent place of the premises in
such manner as may be prescribed.
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 date of commencement of this Act for which self-certified fire
safety 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
under sub-section (1), the self-certified fire safety protocol shall be
auto-generated in such form and manner, as may be prescribed.
(3) The owner or occupier, as the case may be, shall display
the self-certified fire safety protocol in a prominent place of the
premises.
(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.
Self-certified fire
safety protocol.
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 purpose of obtaining a temporary fire licence, make an application
in 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.
Temporary fire
licence.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(4) On receipt of such application, the officer authorised in
this behalf shall inspect the venue or site, process the application
and grant temporary fire licence or refuse to grant such temporary
fire licence for the reasons to be recorded within such period, in such
electronic form and manner as may be prescribed.
(5) The temporary fire licence granted under this section,
shall be valid for such period as may be specified in the licence,
subject to fulfilment of such terms and conditions specified in the
licence. The event organiser shall display the temporary fire licence
in a prominent 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
and conditions specified in the temporary fire licence, the officer may,
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 before the Appellate Authority to be notified by the
Government in this behalf.
(8) The Appellate Authority shall dispose of the said appeal
within such time as may be prescribed.
Owner or
occupier’s
liability to
provide fire
prevention
and life safety
measures.
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
fire fighting life safety installations as may be prescribed and shall
maintain the fire prevention and life safety measures in operational
condition, in such manner and in such specifications as may be
prescribed.
(3) The owner or occupier as the case may be, of a building
shall ensure that his building is equipped with fire safety systems to
prevent or extinguish fire in such manner as may be prescribed.
(4) No person shall tamper with, alter, remove or cause any
injury or damage to any fire prevention and life safety equipment
installed in any such building or part thereof or instigate any other
person to do so.
Empanelment of
fire safety audit
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.
(2) The Government may, by notification, call for application
for empanelment of the fire safety audit agency as and when required
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Central Act 45 of
2023.
. (3) Every application for issuance of a certificate of
empanelment of fire safety audit agency under sub-section (1) shall
be made in 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 grant the certificate of empanelment or refuse to grant such
certificate, for the reasons to be recorded, in such electronic form as
may be prescribed.
(5) No person or company shall be granted a certificate
under sub-section (4), unless they fulfil such qualifications and other
requirements, as may be prescribed.
(6) The certificate of empanelment granted under sub-section
(4) shall be valid for such period as may be prescribed.
(7) Where the Government has reason to believe that any
person or company to whom a certificate of empanelment has been
granted has contravened any of the provisions of this Act or of the
rules made thereunder or failed to comply with the conditions of the
certificate or he is unfit by reason of incompetency, misconduct or
fraud or any other reasons, the Government, after giving a reasonable
opportunity to show cause, by order, suspend or cancel the said
certificate for reasons to be recorded.
(8) If any empanelled fire safety audit agency issues such
certificate fraudulently, the agency shall be liable for fine up to one
lakh rupees and if there is an outbreak of fire in that building, causing
grievous hurt or loss of life and the cause of fire is attributable to
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.
(9) No person or company other than the fire safety audit
agency empanelled under this Act, shall carry out the work of
monitoring as may be prescribed or issue fire safety certificate or
perform such other related activities required to be carried out in any
place or building or part thereof.
Explanation.— For the purpose of this section, “company”
means any body corporate and includes a firm or other association of
individuals whether registered or not.
Appointment and
functions of Fire
Safety Officer.
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, —
(a) shall appoint a Fire Safety Officer, having such
qualifications as may be prescribed; and
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(b) send a compliance report of such appointment to the
Director in such electronic form as may be prescribed.
(2) The Fire Safety Officer so appointed under sub-section
(1) shall be issued an enrolment certificate by the Director in such
electronic form and in such manner as may be prescribed.
(3) In case of a vacancy of the Fire Safety Officer appointed
under sub-section (1), either on resignation or otherwise, the owner
or occupier, or an association of such owners or occupiers, as the
case may be, shall appoint a Fire Safety Officer within such time as
may be prescribed.
(4) In case of non-compliance of sub-section (1) or
sub-section (3), the Fire and Rescue Services Officer shall report the
same to the Director for taking necessary action and to take such
steps as may be prescribed.
(5) The Fire Safety Officer shall undergo training at the
Tamil Nadu Fire and Rescue Services - State Training Centre as
specified by the Government in this regard:
Provided that a person who has already undergone such
training at the National Fire Services College, Nagpur or at any other
equivalent institution notified by the Government shall not be required
to undergo such a training.
(6) The functions of the Fire Safety Officer shall be as may be
prescribed.
Power of
inspection.
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
Officer may enter into and inspect any such place or building or part
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.
(2) The Director or such Fire and Rescue Services Officer
shall 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).
(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.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(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
withdraw, and every reasonable facility shall be afforded to her for
withdrawing.
(5) The Director or such Fire and Rescue Services Officer
shall, 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
requirements with regard to the fire prevention and life safety
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
measures within such time as may be specified in the notice.
(6) Where the inspection is carried out by such Fire and
Rescue Services Officer under the preceding provisions of this
section, he shall give a report of any such inspection to the Director
or Fire and Rescue Services Officer concerned.
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
not complied with, the Director may direct any police officer having
jurisdiction in that area, to remove such persons from that building or
premises and such police officer shall comply with such directions.
(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.
Power to seal
buildings or
premises.
(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 fine which may extend to twenty-five thousand rupees, or with
both.
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(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 fine which may extend to twenty-five thousand rupees, or with
both.
Information on
outbreak of fire.
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.
CHAPTER VI.
OFFENCES AND PENALTIES.
Penalties for
violation
of certain
provisions.
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.
Penalty for
violation of duty.
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
(3) withdraws from the duties or resigns his office without
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
(5) accepts any other employment or office or engages
himself 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
months or with fine which may extend to an amount not exceeding
three months pay of such member, or with both.
Penalty in case of
non-appointment
of Fire Safety
Officer.
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.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(2) When the person responsible for appointment of Fire
Safety Officer is deemed to be in default, an amount not less than
ten rupees and not exceeding fifty rupees per square metre of area
owned or 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.
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.
Liability of
owner to pay
compensation.
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.
Failure to give
information.
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
failure to take
precautions.
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.
Penalty for willfully
obstructing the
fire-fighting
or rescue
operations.
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.
False report.
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.
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Offences by
companies.
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 any such person liable to any punishment if he proves that
the offence was committed without his knowledge or that he had
exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1),
where any offence under this Act has been committed by a company
and it is proved that the offence has been committed with the consent
or connivance of, or is attributable to any neglect on the part, of any
director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall also be deemed to
be guilty of that offence and shall be liable to be proceeded against
and punished accordingly.
Explanation. — For the purposes of this section, —
(a) “company” means a body corporate and includes a
firm or other association of individuals; and
(b) “Director” in relation to a firm, means a partner in the
firm.
Compounding of
offences.
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:
Provided that no offence shall be compoundable which is
committed by failure to comply with a notice, order or requisition
issued by, or on behalf of, the Government or of any of the officers
authorised under this Act until the same has been complied with so
far as the compliance is possible.
(2) Where an offence has been compounded under sub-
section (1), the offender, if in custody, shall be discharged and no
further proceedings shall be taken against him in respect of such
offence.
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.
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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 officers as may be required.
(2) The adjudicating officer may summon and enforce the
attendance of any person acquainted with the facts and circumstances
of the case to give evidence or to produce any document, which in the
opinion of the adjudicating officer, may be useful for, or relevant to, the
subject matter of the inquiry and if, on such inquiry, he is satisfied that
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
made under this Act, he may impose such penalty as he deems fit:
Provided that no such penalty shall be imposed without giving
the person concerned a reasonable opportunity of being heard.
Adjudicating
officer.
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.
Recovery.
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.
Protection of
action taken in
good faith.
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.
Cognizance of
offences.
53. The Court of a Judicial Magistrate shall try any offence
punishable under this Act.
Jurisdiction of
Court.
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
the expiry of the said period, if it is satisfied that the appellant was
prevented by sufficient cause from filing the appeal in time.
(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 direct that the order or notice or direction shall not take effect
until the appeal is disposed of.
Appeal
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Revision.
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.
(3) The Government or the authorised officer, as the case
may be, may suspend the said order or notice or direction pending
the exercise of their or his power under sub-section (1).
CHAPTER VIII.
LEVY OF FEE AND OTHER CHARGES.
Fee on deployment
of the
Tamil Nadu Fire
and Rescue
Services beyond
the limits of
the State and
Recovery of
dues.
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.
CHAPTER IX.
MISCELLANEOUS.
Reciprocal
fire-fighting
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.
Requisition of fire
fighting property.
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.
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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.
Employment on
other duties.
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.
Power to obtain
information.
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.
Aid and assistance
of Police.
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 field formations in existence at the commencement of this Act
shall be 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 the holder of the office to which he is deemed to be
appointed under sub-section (2) and shall be dealt with accordingly.
Provisions as to
existing Fire
Services and
Fire Service
Stations.
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.
Delegation of
powers.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(b) The Government shall also have the power to control
and revise the acts or proceedings of any authority or officer 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 specified in the order, be exercised and, performed also by any
officer of the Fire and Rescue Services specified in the order.
(b) The Director shall also have the power to control
and revise the acts or proceedings of any authority or officer so
empowered.
Act to have
overriding effect
and effect of
other laws.
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.
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
difficulties.
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.
(b) The notification issued under this Act shall, unless it is
expressed to come into force on a particular day, shall come into force
on the day on which they are so published.
(3) Every rule or notification made or the order made under
section 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 makes any modification in any such rule, notification
or order or the Assembly decides that the rule, notification or order
should not be made or issued rule, notification or order shall, thereafter
have effect, only in such modified form or be of no effect, as the case
may, be so however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that
rule, notification or order.
Power to make
rules.
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.
Power to give
directions.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Tamil Nadu Act 40
of 1985.
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.
Repeal and
savings.
(By Order of the Governor)
S. GEORGE ALEXANDER,
Secretary to Government,
Law Department.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
The following Act of the Tamil Nadu Legislative Assembly
received the assent of the Governor on the 6th June 2025 and
is hereby published for general information:—
ACT No. 38 OF 2025.
An Act further to amend the Tamil Nadu Town and Country
Planning Act, 1971.
Be 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
Government may, by notification, appoint.
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:—
“Provided that before issuing such notification under this
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:—
“(j) the Member-Secretary, Chennai Unified Metropolitan
Transport Authority, ex-officio.”.
Amendment of
section 9-A.
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, ex-officio;
(aa) six persons appointed by the Government of
whom—
(i)
three shall be officers of the Government;
(ii) one shall be a member of the State Legislature;
(iii) one shall represent trade and industry in the
Urban Planning Area; and
(iv) one shall be an officer not below the rank of
Additional Collector of the District within whose limits the majority of
the Urban Planning area lies, who shall be the Member-Secretary.”;
Amendment of
section 9-F.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(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:—
“(f) one expert in the field of urban planning, urban
transportation, finance or law to be nominated by the Government;
(g) one representative from an academic institution in
the field of urban planning to be nominated by the Government.”.
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
(iii) after clause (h), the following clauses shall be
added, namely:—
“(i) the duties and functions of the Commissioner
of Urban Development;
(j)
the manner of filing of appeal under
sub-section (3) of section 9-K.”;
(d) sub-section (3) shall be omitted.
Insertion of new
Chapter II-C.
6. After Chapter II-B of the principal Act, the following Chapter
shall be inserted, namely:—
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
“CHAPTER II-C.
Commissioner of Urban Development.
9-K. Commissioner of Urban Development.— (1) There shall
be a Commissioner of Urban Development as may be notified by the
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
Development Authority as may be notified by the Government.
(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.”.
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
online single window portal as may be notified by the Government in the
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.
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.”;
Amendment of
section 49.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(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.”.
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
contained in this Act, with effect from the date on which the Urban
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,—
(a) anything done or any appointment, notification,
order, scheme, bye-law or regulation made or issued, any Certificate
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;
Insertion of new
section 112-A.
(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.”.
(By Order of the Governor)
S. GEORGE ALEXANDER,
Secretary to Government,
Law Department.
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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
The following Act of the Tamil Nadu Legislative Assembly
received the assent of the Governor on the 6th June 2025 and
is hereby published for general information:—
ACT No. 39 OF 2025.
An Act Further to amend the Tamil Nadu Shops and
Establishments Act, 1947.
Be 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
Government may, by notification, appoint.
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,
for a first contravention, be liable for penalty which may extend to five
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
date on which the first contravention was committed.
(2) Any employer who fails to comply with section 41-A shall
be liable for penalty which may extend to fifty thousand rupees and
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
one lakh rupees in the aggregate. The adjudicating officer may direct
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.
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(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,
shall be liable for penalty which may extend to five thousand rupees.
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
the imposition of penalty be compounded by such officer as may be
authorised in this behalf by the Commissioner of Labour, 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.
46-A. Adjudicating officer.— (1) The State Government, for
the purposes of determining the penalties under this Act, may, by
notification, appoint an officer not below the rank of Joint Commissioner
of Labour, to be the adjudicating officer, to hold an inquiry and impose
penalty in such manner as may be prescribed:
Provided that the State Government may appoint as many
adjudicating officers as may be required.
(2) The adjudicating officer may summon and enforce the
attendance of any person acquainted with the facts and circumstances
of the case to give evidence or to produce any document, which in the
opinion of the adjudicating officer, may be useful for, or relevant to, the
subject matter of the inquiry and if, on such inquiry, he is satisfied that
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
impose such penalty as he deems fit:
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
by the adjudicating officer under section 46-A may prefer an appeal
within sixty days from the date of receipt of order in such manner as
may be prescribed, to the Appellate Authority, who shall be an officer
not below the rank of Additional Commissioner of Labour, appointed
by the Government, by notification.
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(2) An appeal may be admitted after the expiry of the period
of sixty days, if the appellant satisfies the Appellate Authority that he
had sufficient cause for not preferring the appeal within that period.
(3) The Appellate Authority may, after giving an opportunity
of hearing to the parties to the appeal, pass such order as he deems
fit.
(4) The Appellate Authority shall dispose of the appeal within
sixty days from the date of its filing.
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
expression “fine”, the expression “penalty” shall be substituted.
(By Order of the Governor)
S. GEORGE ALEXANDER,
Secretary to Government,
Law Department.
PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI
ON BEHALF OF THE GOVERNMENT OF TAMIL NADU