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Tamil Nadu Gaming Law Amendments 2021

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14 views17 pages

Tamil Nadu Gaming Law Amendments 2021

gaming act

Uploaded by

Nazeema
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

© [Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009.


2021 [Price: Rs. 7.20 Paise.

TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY PUBLISHED BY AUTHORITY

No. 63] CHENNAI, THURSDAY, FEBRUARY 4, 2021


Thai 22, Saarvari, Thiruvalluvar Aandu-2052

Part IV—Section 1

Tamil Nadu Bills

CONTENTS

Pages.

BILLS:

No. 1 of 2021—The Tamil Nadu Gaming and Police Laws (Amendment) Act, 2021 .. .. .. 2-6

No. 2 of 2021—The Tamil Nadu Co-operative Societies (Amendment) Act, 2021. .. .. 7-8

No. 3 of 2021—The Tamil Nadu Municipal Laws (Amendment) Act, 2021. .. .. .. .. 9-14

No. 4 of 2021—The Tamil Nadu Panchayats (Amendment) Act, 2021. .. .. .. .. 15-17

Ex-IV-1-63—1E [1]
2 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 State of Tamil Nadu on 4th February, 2021 is published together with Statement of Objects and
Reasons for general information:—

L.A. Bill No. 1 of 2021

A Bill further to amend the Tamil Nadu Gaming Act, 1930, the
Chennai City Police Act, 1888 and the Tamil Nadu District
Police Act, 1859.
B it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Seventy-second Year of the Republic of India as
follows:-
PART – I.
PRELIMINARY.
Short title and 1. (1) This Act may be called the Tamil Nadu Gaming and
commencement. Police Laws (Amendment) Act, 2021.
(2) (i) All sections except sections 2 and 8 shall be
deemed to have come into force on the 21st November 2020.
(ii) Sections 2 and 8 shall come into force at once.
PART – II.
Substitution of AMENDMENTS TO THE TAMIL NADU GAMING ACT, 1930. Tamil Nadu Act III of
sections 2 and 3. 2. In the Tamil Nadu Gaming Act, 1930 (hereinafter in this Part 1930.
referred to as the 1930 Act), for sections 2 and 3, the following
sections shall be substituted, namely:—
“2. Extent.— This Act extends to the whole of the State of
Tamil Nadu.
3. Definitions.— In this Act, unless there is anything repugnant
in the subject or context,—
(a) “common gaming-house” means any house, room,
tent, enclosure, vehicle, vessel, cyber cafe or any place whatsoever
in which instruments of gaming are kept or used for the profit or
gain of the person owning, occupying, using or keeping such house,
room, tent, enclosure, vehicle, vessel, cyber cafe or place, whether
free of cost or by way of charge for the use of instruments of gaming
or of the house, room, tent, enclosure, vehicle, vessel, cyber cafe or
the place; and includes any house, room, tent, enclosure, vehicle,
vessel, cyber cafe or place opened, kept or used or permitted to be
opened, kept or used for the purpose of gaming;
(b) “gaming” does not include a lottery, but includes any game
involving wagering or betting in person or in cyber space.

Explanation.— For the purposes of clause (b) and section 3-A,


wagering or betting shall be deemed to comprise the collection or
soliciting of bets, the receipt or distribution of winnings or prizes, in
money or otherwise, including through electronic transfer of funds,
in respect of any wager or bet, or any act which is intended to aid,
induce, solicit or facilitate wagering or betting or such collection,
soliciting, receipt, or distribution;
(c) “Government” means the State Government;
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 3
(d) “instruments of gaming” includes cards, dice, gaming table
or cloth, board, computers, computer system, computer network,
computer resource, any communication device or any other article
used or intended to be used as a subject or means of gaming, any
document or electronic record, used or intended to be used as a
register or record or evidence of any gaming, the proceeds of any
gaming, and any winnings or prizes in money or otherwise, including
through electronic transfer of funds, distributed or intended to be
distributed in respect of any gaming;
(e) the words ‘computer’, ‘communication device’, ‘computer
network’, ‘computer resource’, ‘computer system’, ‘cyber cafe’,
and ‘electronic record’ used in this Act shall have the respective
Central Act 21 of meanings assigned to them in the Information Technology Act,
2000.
2000.
3-A. Wagering or betting in cyber space.—
(1) No person shall wager or bet in cyberspace using
computers, computer system, computer network, computer
resource, any communication device or any other instrument of
gaming by playing Rummy, Poker or any other game or facilitate or
organize any such wager or bet in cyberspace.
(2) Whoever wagers or bets in cyberspace using
computers, computer system, computer network, computer
resource, any communication device or any other instrument of
gaming by playing Rummy, Poker or any other game or facilitates or
organizes any such wager or bet in cyberspace, shall be punished
with imprisonment which may extend to two years or with fine not
exceeding ten thousand rupees or with both.”.
3. In section 4 of the 1930 Act, in sub-section (1), in clauses Amendment of
(b), (c) and (d), after the expression “enclosure, vehicle, vessel”, section 4.
the expression “cyber cafe” shall be inserted.
4. In section 5 of the 1930 Act, in sub-section (1), for the Amendment of
expression “not inferior to a Judicial Magistrate of the second class section 5.
or any police officer not below the rank of Deputy Superintendent
of Police”, the expression “or any police officer not below the rank
of Deputy Superintendent of Police or Assistant Commissioner of
Police, as the case may be” shall be substituted.
5. In section 6 of the 1930 Act, after the expression “Any cards, Amendment of
dice, gaming table or cloth, board”, the expression “electronic section 6.
record, computers, computer system, computer network, computer
resource or any communication device” shall be inserted.
6. In section 8 of the 1930 Act, for the expressions “five hundred Amendment of
rupees” and “three months”, the expressions “ten thousand rupees” section 8.
and “two years” shall, respectively, be substituted.
7. In section 9 of the 1930 Act, for the expressions “two hundred Amendment of
rupees” and “one month”, the expressions “five thousand rupees” section 9.
and “six months” shall, respectively, be substituted.
8. For section 11 of the 1930 Act, the following section shall be Substitution of
substituted, namely: — section 11.
“11. Games of mere skill.— Notwithstanding anything
contained in this Act, sections 3A and sections 5 to 10 shall apply to
games of mere skill, if played for wager, bet, money or other stake.”.
9. In section 12 of the 1930 Act, for the expressions “one Amendment of
hundred rupees” and “three months”, the expressions “five thousand section 12.
rupees” and “six months” shall, respectively, be substituted.
10. After section 13-A of the 1930 Act, the following section Insertion of new
shall be inserted, namely:— section 13-B.
4 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
“13-B. Offences by companies.— (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 an 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
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 any 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.”.
PART – III.
AMENDMENTS TO THE CHENNAI CITY
POLICE ACT, 1888.
Tamil Nadu Act III of 11. In section 3 of the Chennai City Police Act, 1888 (hereinafter Amendment of
1888. in this Part referred to as the 1888 Act), the definitions of ‘conviction’, section 3.
‘imprisonment’, ‘common gaming house’, ‘gaming’ and ‘instruments
of gaming’ shall be omitted.
12. Sections 40-A, 42, 43, 44, 45, 46, 47, 48, 49, 49-A, 49-B, Omission of certain
50, 51 and 52 of the 1888 Act shall be omitted. sections.
Amendment of 13. In section 79 of the 1888 Act, for the expression “English,
section 79. Tamil, Telugu and Hindustani”, the expression “English and Tamil”
shall be substituted.
Insertion of new 14. After section 80 of the 1888 Act, the following section shall
section 80-A. be inserted, namely:—
“80-A. Offences by companies.— (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.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 5
(2) Notwithstanding anything contained in sub-section (1),
where an 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 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 any 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.”.
PART – IV.
AMENDMENT TO THE TAMIL NADU DISTRICT POLICE ACT,
1859.
15. In the Schedule to the Tamil Nadu District Police Act, 1859, Omission of certain
Central Act XXIV of the expressions “Definition of ‘imprisonment’, ‘gaming’, ‘Instruments expressions.
1859. of gaming’, ‘common gaming-house’ and ‘conviction’ in section 3”
and “48, 50,” shall be omitted.
Tamil Nadu 16. (1) The Tamil Nadu Gaming and Police Laws (Amendment) Repeal and Saving.
Ordinance 11 of Ordinance, 2020 is hereby repealed.
2020.
Tamil Nadu Act III of (2) Notwithstanding such repeal, anything done or any
1930. action taken under the Tamil Nadu Gaming Act, 1930, the Chennai
Tamil Nadu Act III of City Police Act, 1888 and the Tamil Nadu District Police Act, 1859,
1888. as amended by the said Ordinance, shall be deemed to have been
Central Act XXIV of
done or taken under the respective Acts, as amended by this Act.
1859.
6 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS.

Gaming by means of cards, dice etc. in the form of betting or wagering has been banned in the cities
of Chennai, Madurai, Coimbatore, Salem, Tiruchirapalli and Tirunelveli by the Chennai City Police Act, 1888
(Tamil Nadu Act III of 1888) read with Tamil Nadu Act 32 of 1987 and Tamil Nadu Act 51 of 1997 and in the rest
of the State by the Tamil Nadu Gaming Act, 1930 (Tamil Nadu Act III of 1930). Playing games like Rummy,
Poker etc, using computers or mobile phones, for money or other stakes, which are addictive in nature, had
developed manifold, in the recent times. As a result, innocent people got cheated and incidents of suicide
were reported. In order to prevent such incidents of suicide and protect innocent people from the evils of
online gaming, it was decided to ban wagering or betting in cyber space by suitably amending the relevant
enactments. Therefore, the Government decided to amend the Tamil Nadu Gaming Act, 1930 (Tamil Nadu Act
III of 1930) and to extend its application throughout the State and to make consequential amendments to the
Chennai City Police Act, 1888 (Tamil Nadu Act III of 1888) and the Tamil Nadu District Police Act, 1859 (Central
Act XXIV of 1859).

2. Accordingly, the Tamil Nadu Gaming and Police Laws (Amendment) Ordinance, 2020 (Tamil Nadu
Ordinance 11 of 2020) was promulgated by the Governor on the 20th November, 2020 and the same was
published in the Tamil Nadu Government Gazette Extraordinary, dated the 21st November, 2020.

3. The Bill seeks to replace the above said Ordinance with certain modifications.

EDAPPADI [Link],
Chief Minister .

Chennai-600 009, K. SRINIVASAN,


4th February 2021. Secretary.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 7
Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill which was introduced in the Legislative
Assembly of the State of Tamil Nadu on 4th February, 2021 is published together with Statement of Objects and
Reasons for general information:—

L.A. Bill No. 2 of 2021

A Bill further to amend the Tamil Nadu Co-operative Societies


Act, 1983.

BE it enacted by the Legislative Assembly of the State of


Tamil Nadu in the Seventy-second Year of the Republic of India as
follows: —

1. (1) This Act may be called the Tamil Nadu Co-operative Short title and
Societies (Amendment) Act, 2021. commencement.

(2) It shall come into force at once.

Tamil Nadu 2. In section 81 of the Tamil Nadu Co-operative Societies Act, Amendment of
Act 30 of 1983. 1983 (hereinafter referred to as the principal Act), in sub-section (4), section 81.

(i) for the expression “not exceeding three months”, the


expression “not exceeding one month” shall be substituted;

(ii) for the expression “shall not exceed six months”, the
expression “shall not exceed three months” shall be substituted.

3. In section 82 of the principal Act, in sub-section (4), — Amendment of


section 82.
(i) for the expression “not exceeding three months”, the
expression “not exceeding one month” shall be substituted;

(ii) for the expression “shall not exceed six months”, the
expression “shall not exceed three months” shall be substituted.

4. For the second proviso to sub-section (1) of section 87 of the Amendment of


principal Act, the following proviso shall be substituted, namely: — section 87.

“ Provided further that the action commenced under this


sub-section shall be completed within a period of three months from
the date of such commencement or such further period or periods
not exceeding one month at a time as the next higher authority may
permit but such extended periods shall not exceed three months in
the aggregate.”.

5. In section 90 of the principal Act, — Amendment of


section 90.
(1) in sub–section (1), in clause (d), after the expression “any
other registered society”, the expression “or between the society and
the liquidator of another registered society or between the liquidator
of the registered society and the liquidator of another registered
society” shall be inserted;

(2) in sub-section (9), in clause (a), in sub-clause (i), for the


expression “a special officer”, the expression “an administrator” shall
be substituted.
8 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS.

Sections 81 and 82 of the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983)
provide time limit of three months for completion of inquiry, inspection or investigation. The said sections also
provide for further extension of time limit of six months in the aggregate as may be permitted by the next higher
authority. Similarly, section 87 of the said Act provides time limit of six months for completion of the surcharge
action and further extension of time limit of six months in the aggregate as may be permitted by the next higher
authority. The Government considers that these time limits are too long and that in the interest of the societies,
the fraud or misappropriation occurring in co-operative societies should be unearthed expeditiously and the
recovery process of the loss sustained by the societies thereby, should be expedited.

2. Further, sub-section (1) of Section 90 of the said Tamil Nadu Act 30 of 1983, among others, provides
for referring a dispute between the society and any other registered society to the Registrar for decision.
The Government have now decided also to refer disputes between the society and liquidator of another
registered society or between the liquidator of two registered societies to the Registrar for decision, on the lines
of section 84 of the Multi-State Co-operative Societies Act, 2002 (Central Act 39 of 2002).

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

SELLUR K. RAJU,
Minister for Co-operation.

Chennai-600 009, K. SRINIVASAN,


4th February 2021. Secretary.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 9
Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill which was introduced in the Legislative
Assembly of the State of Tamil Nadu on 4th February, 2021 is published together with Statement of Objects and
Reasons for general information:—

L.A. Bill No. 3 of 2021

A Bill further to amend the laws relating to the Municipal


Corporations and Municipalities in the State of Tamil Nadu.

BE it enacted by the Legislative Assembly of the State of


Tamil Nadu in the Seventy-second Year of the Republic of India as
follows:—

PART – I.
PRELIMINARY.

1. (1) This Act may be called the Tamil Nadu Municipal Laws Short title and
(Amendment) Act, 2021. commencement.

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


30th day of December 2020.
PART – II.
AMENDMENT TO THE CHENNAI CITY MUNICIPAL
CORPORATION ACT, 1919.
Tamil Nadu 2. In section 414-B of the Chennai City Municipal Corporation Amendment of
Act IV of 1919. Act, 1919, for the expression “upto the 31st day of December section 414-B.
2020”, the expression “upto the 30th day of June 2021” shall be
substituted.
PART – III.

AMENDMENT TO THE TAMIL NADU DISTRICT


MUNICIPALITIES ACT, 1920.
Tamil Nadu 3. In section 375-B of the Tamil Nadu District Municipalities Act, Amendment of
Act V of 1920. 1920, for the expression “upto the 31st day of December 2020”, the section 375-B.
expression “upto the 30th day of June 2021” shall be substituted.
PART – IV.

AMENDMENT TO THE MADURAI CITY MUNICIPAL


CORPORATION ACT, 1971.
Tamil Nadu 4. In section 510-AAA of the Madurai City Municipal Corporation Amendment of
Act 15 of 1971. Act, 1971, for the expression “upto the 31st day of December section
2020”, the expression “upto the 30th day of June 2021” shall be 510-AAA.
substituted.
PART – V.

AMENDMENT TO THE COIMBATORE CITY MUNICIPAL


CORPORATION ACT, 1981.
Tamil Nadu 5. In section 511-AAA of the Coimbatore City Municipal Amendment of
Act 25 of 1981. Corporation Act, 1981, for the expression “upto the 31st day of section
December 2020”, the expression “upto the 30th day of June 2021” 511-AAA.
shall be substituted.
10 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
PART – VI.

AMENDMENT TO THE TIRUCHIRAPPALLI CITY MUNICIPAL


CORPORATION ACT, 1994.
Amendment of 6. In section 10-A of the Tiruchirappalli City Municipal Tamil Nadu
section 10-A. Corporation Act, 1994, for the expression “upto the 31st day of Act 27 of 1994.
December 2020”, the expression “upto the 30th day of June 2021”
shall be substituted.
PART – VII.

AMENDMENT TO THE TIRUNELVELI CITY MUNICIPAL


CORPORATION ACT, 1994.
Amendment of 7. In section 10-A of the Tirunelveli City Municipal Corporation Tamil Nadu
section 10-A. Act, 1994, for the expression “upto the 31st day of December Act 28 of 1994.
2020”, the expression “upto the 30th day of June 2021” shall be
substituted.
PART – VIII.

AMENDMENT TO THE SALEM CITY MUNICIPAL


CORPORATION ACT, 1994.
Amendment of 8. In section 10-A of the Salem City Municipal Corporation Act, Tamil Nadu
section 10-A. 1994, for the expression “upto the 31st day of December 2020”, the Act 29 of 1994.
expression “upto the 30th day of June 2021” shall be substituted.
PART – IX.

AMENDMENT TO THE TIRUPPUR CITY MUNICIPAL


CORPORATION ACT, 2008.
Amendment of 9. In section 9-A of the Tiruppur City Municipal Corporation Act, Tamil Nadu
section 9-A. 2008, for the expression “upto the 31st day of December 2020”, the Act 7 of 2008.
expression “upto the 30th day of June 2021” shall be substituted.
PART – X.

AMENDMENT TO THE ERODE CITY MUNICIPAL


CORPORATION ACT, 2008.
Amendment of 10. In section 9-A of the Erode City Municipal Corporation Act, Tamil Nadu
section 9-A. 2008, for the expression “upto the 31st day of December 2020”, the Act 8 of 2008.
expression “upto the 30th day of June 2021” shall be substituted.
PART – XI.

AMENDMENT TO THE VELLORE CITY MUNICIPAL


CORPORATION ACT, 2008.
Amendment of 11. In section 9-A of the Vellore City Municipal Corporation Act, Tamil Nadu
section 9-A. 2008, for the expression “upto the 31st day of December 2020”, the Act 26 of 2008.
expression “upto the 30th day of June 2021” shall be substituted.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 11
PART – XII.

AMENDMENT TO THE THOOTHUKUDI CITY MUNICIPAL


CORPORATION ACT, 2008.
Tamil Nadu 12. In section 9-A of the Thoothukudi City Municipal Corporation Amendment of
Act 27 of 2008. Act, 2008, for the expression “upto the 31st day of December section 9-A.
2020”, the expression “upto the 30th day of June 2021” shall be
substituted.

PART – XIII.

AMENDMENT TO THE THANJAVUR CITY MUNICIPAL


CORPORATION ACT, 2013.
Tamil Nadu 13. In section 9-A of the Thanjavur City Municipal Corporation Amendment of
Act 24 of 2013. Act, 2013, for the expression “upto the 31st day of December section 9-A.
2020”, the expression “upto the 30th day of June 2021” shall be
substituted.
PART – XIV.

AMENDMENT TO THE DINDIGUL CITY MUNICIPAL


CORPORATION ACT, 2013.
Tamil Nadu 14. In section 9-A of the Dindigul City Municipal Corporation Act, Amendment of
Act 25 of 2013. 2013, for the expression “upto the 31st day of December 2020”, the section 9-A.
expression “upto the 30th day of June 2021” shall be substituted.
PART – XV.

AMENDMENT TO THE HOSUR CITY MUNICIPAL


CORPORATION ACT, 2019.
Tamil Nadu 15. In section 10 of the Hosur City Municipal Corporation Act, Amendment of
Act 10 of 2019. 2019, in sub-section (4), for the expression “upto the 31st day of section 10.
December 2020”, the expression “upto the 30th day of June 2021”
shall be substituted.

PART – XVI.

AMENDMENT TO THE NAGERCOIL CITY MUNICIPAL


CORPORATION ACT, 2019.
Tamil Nadu 16. In section 10 of the Nagercoil City Municipal Corporation Amendment of
Act 11 of 2019. Act, 2019, in sub-section (4), for the expression “upto the 31st day section 10.
of December 2020”, the expression “upto the 30th day of June
2021” shall be substituted.

PART – XVII.

AMENDMENT TO THE AVADI CITY MUNICIPAL


CORPORATION ACT, 2019.
Tamil Nadu 17. In section 10 of the Avadi City Municipal Corporation Act, Amendment of
Act 24 of 2019. 2019, in sub-section (4), for the expression “upto the 31st day of section 10.
December 2020”, the expression “upto the 30th day of June 2021”
shall be substituted.
12 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Repeal and saving. 18. (1) the Tamil Nadu Municipal Laws (Fourth Amendment) Tamil Nadu
Ordinance, 2020 is hereby repealed. Ordinance
13 of 2020.

(2) Notwithstanding such repeal, anything done or any action Tamil Nadu
taken under the Chennai City Municipal Corporation Act, 1919, Act IV of 1919.
the Tamil Nadu District Municipalities Act, 1920, the Madurai City Tamil Nadu
Municipal Corporation Act, 1971, the Coimbatore City Municipal Act V of 1920.
Corporation Act, 1981, the Tiruchirappalli City Municipal Corporation Tamil Nadu
Act, 1994, the Tirunelveli City Municipal Corporation Act, 1994, Act 15 of 1971.
the Salem City Municipal Corporation Act, 1994, the Tiruppur Tamil Nadu
City Municipal Corporation Act, 2008, the Erode City Municipal Act 25 of 1981.
Corporation Act, 2008, the Vellore City Municipal Corporation Tamil Nadu
Act, 2008, the Thoothukudi City Municipal Corporation Act, 2008, Act 27 of 1994.
the Thanjavur City Municipal Corporation Act, 2013, the Dindigul
Tamil Nadu
City Municipal Corporation Act, 2013, the Hosur City Municipal
Act 28 of 1994.
Corporation Act, 2019, the Nagercoil City Municipal Corporation
Act, 2019 and the Avadi City Municipal Corporation Act, 2019, as Tamil Nadu
amended by the said Ordinance, shall be deemed to have been Act 29 of 1994.
done or taken under the respective Acts, as amended by this Act. Tamil Nadu
Act 7 of 2008.
Tamil Nadu
Act 8 of 2008.
Tamil Nadu
Act 26 of 2008.
Tamil Nadu
Act 27 of 2008.
Tamil Nadu
Act 24 of 2013.
Tamil Nadu
Act 25 of 2013.
Tamil Nadu
Act 10 of 2019.
Tamil Nadu
Act 11 of 2019.
Tamil Nadu
Act 24 of 2019.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 13

STATEMENT OF OBJECTS AND REASONS.


The Special Officers to the Town Panchayats, Municipalities and Municipal Corporations were appointed
in pursuance of the orders of the Hon’ble High Court of Madras in [Link].33984 of 2016, dated the
4th October 2016. The term of office of the said Special Officers of the Town Panchayats, Municipalities and
Municipal Corporations was extended from time to time and lastly upto the 31st December 2020.
2. Following the direction of the Hon’ble Supreme Court of India in I.A No.182868 of 2019 in Civil Appeal
Nos. 5467-5469 of 2017, dated the 6th December 2019 read with Writ Petition (Civil) No.1443 of 2019, dated
the 11th December 2019 relating to delimitation of territorial wards of Village Panchayats, Panchayat Unions
and District Panchayats in the nine newly reconstituted districts, namely, Kancheepuram, Chengalpattu,
Vellore, Thirupathur, Ranipet, Villupuram, Kallakurichi, Tirunelveli and Tenkasi, the Tamil Nadu Delimitation
Commission conducted series of meetings with the District Delimitation Authorities for finalisation of territorial
wards of the Town Panchayats, Municipalities and Municipal Corporations also, in the above said nine newly
reconstituted districts and submitted its recommendation thereon to the Government and the same are under
active consideration of the Government. Further, for conducting ordinary elections to Urban Local Bodies, the
Tamil Nadu State Election Commission has initiated swift actions, namely, preparation of Local Body Electoral
Rolls, identification of Polling Stations, revision of certain Booklets, training for handling Electronic Voting
Machines to officials and development of software for randomisation of polling official and Electronic Voting
Machines.
3. In the meantime, due to sudden outbreak of the pandemic disease, namely, COVID-19, high alert / lock
down was declared by the Central Government and the State Government and an order under section 144 of
the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) was issued. Consequent on the said measures,
only limited employees of the Government were permitted to work in the offices. Further, the machinery of
the Government and Urban Local Bodies were engaged in taking preventive, protective, relief and welfare
measures on a war footing, to mitigate the suffering of the people due to the outbreak of COVID-19. Certain
restrictions are still in force. Hence, the notification of delimitation of territorial wards of Town Panchayats,
Municipalities and Municipal Corporations in the said nine newly reconstituted districts and the preparatory
works for the conduct of ordinary elections could not be completed as per the planned schedule of activities.
4. Further, after notification of the delimitation of territorial wards of Town Panchayats, Municipalities
and Municipal Corporations, the reservation of seats for Scheduled Castes, Scheduled Tribes and Women
in the territorial wards of all the Urban Local Bodies in the nine newly reconstituted districts will have to be
notified. Only thereafter, the Tamil Nadu State Election Commission could be enabled to notify the schedule
for the conduct of ordinary elections to the Urban Local Bodies, after ensuring conducive atmosphere for the
consideration of the health and safety of the people/voters/candidates/election machineries and the security
personnel for effective participation in the electoral process without any risk. In view of the above, additional
time is required for the Tamil Nadu State Election Commission to complete the preparatory works for the
conduct of elections to the Urban Local Bodies. To that effect, the Hon’ble Supreme Court in its order, dated
the 4th December 2020 has allowed the Interlocutory Application No.114726/2020 seeking extension of six
months time to comply with the Court’s Order, dated 11.12.2019 passed in Writ Petition (C) No.1443 of 2019.
5. In the circumstances stated above, as the term of office of the Special Officers was due to expire
on the 31st December 2020, the Government decided to amend the laws relating to the Town Panchayats,
Municipalities and Municipal Corporations, so as to extend the term of office of the Special Officers for a further
period of six months upto the 30th June 2021 or until the first meeting of the council is held after the ordinary
elections to the Town Panchayats, Municipalities and Municipal Corporations, whichever is earlier. Accordingly,
the Tamil Nadu Municipal Laws (Fourth Amendment) Ordinance, 2020 (Tamil Nadu Ordinance 13 of 2020) was
promulgated by the Governor on the 29th December 2020 and the same was published in the Tamil Nadu
Government Gazette Extraordinary, dated the 30th December 2020.

6. The Bill seeks to replace the above said Ordinance.

[Link],
Minister for Municipal Administration and Rural Development,
Implementation of Special Programme.

Chennai-600 009, K. SRINIVASAN,


4th February 2021. Secretary.
14 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 15
Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill which was introduced in the Legislative
Assembly of the State of Tamil Nadu on 4th February, 2021 is published together with Statement of Objects and
Reasons for general information:—

L.A. Bill No. 4 of 2021

A Bill further to amend the Tamil Nadu Panchayats Act, 1994.

BE it enacted by the Legislative Assembly of the State of


Tamil Nadu in the Seventy-second Year of the Republic of India as
follows:—
1. (1) This Act may be called the Tamil Nadu Panchayats Short title and
(Amendment) Act, 2021. commencement.

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


30th day of December 2020.
Tamil Nadu Act 21 2. In section 261-A of the Tamil Nadu Panchayats Act, 1994, for Amendment of
of 1994. the expression “upto the 31st day of December 2020”, the expression section 261-A.
“upto the 30th day of June 2021” shall be substituted.
Tamil Nadu 3. (1) The Tamil Nadu Panchayats (Fourth Amendment) Repeal and saving.
Ordinance 12 of Ordinance, 2020 is hereby repealed.
2020.
Tamil Nadu Act 21 (2) Notwithstanding such repeal, anything done or any action
of 1994. taken under the Tamil Nadu Panchayats Act, 1994, as amended by
the said Ordinance, shall be deemed to have been done or taken
under the said Act, as amended by this Act.
16 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS.

The Special Officers to the Village Panchayats, Panchayat Unions and District Panchayats were
appointed in pursuance of the orders of the Hon’ble High Court of Madras in W.P. No.33984 of 2016, dated the
4th October 2016. The term of office of the said Special Officers of the three tier panchayats were extended,
from time to time, and lastly extended upto the 31st December 2020.

2. The Hon’ble Supreme Court of India in [Link].182868 of 2019 in Civil Appeal Nos.5467-5469 of 2017,
dated the 6th December 2019 read with W.P. (Civil) No.1443 of 2019, dated the 11th December 2019 has,
among other things, directed that the Respondent-authorities shall hold elections to all Panchayats at village,
intermediate and district levels, except those in the nine reconstituted districts, namely, Kancheepuram,
Chengalpattu, Vellore, Tirupathur, Ranipet, Villupuram, Kallakurichi, Tirunelveli and Tenkasi and also directed
to delimit the nine newly reconstituted districts in accordance with law and thereafter hold elections for their
panchayats at the village, intermediate and district levels within a period of three months. Accordingly, the
Tamil Nadu State Election Commission conducted ordinary elections for electing the ward members of
Village Panchayats, Panchayat Unions and District Panchayats and to the offices of the President of Village
Panchayats and the elected representatives have also assumed office on 06.01.2020 except for the above
said nine newly reconstituted districts.

3. Following the direction of the Hon’ble Supreme Court of India in I.A No.182868 of 2019 in Civil Appeal
Nos. 5467-5469 of 2017, dated the 6th December 2019 read with W.P (Civil) No. 1443 of 2019, dated the
11th December 2019, the Tamil Nadu Delimitation Commission has conducted series of meetings with the
District Delimitation Authorities for finalisation of territorial wards of the Rural Local Bodies in the nine newly
reconstituted districts and submitted its recommendation thereon to the Government and the same are under
active consideration of the Government. Further, for conducting ordinary elections to Rural Local Bodies in the
said nine districts, the Tamil Nadu State Election Commission has initiated swift actions, namely, preparation
of Local Body Electoral Rolls, identification of Polling Stations, revision of certain Booklets, training to officials
for conducting elections and development of software for randomisation of polling official.

4. In the meantime, due to sudden outbreak of pandemic disease, namely, COVID-19, high alert / lock
down was declared by the Central Government and the State Government and an order under section 144 of
the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) was issued. Consequent on the said measures,
only limited employees of the Government were permitted to work in the offices. Further, the machinery of the
Government were engaged in taking preventive, protective, relief and welfare measures on a war footing, to
mitigate the suffering of the people due to the outbreak of COVID-19. Certain restrictions are still in force and
extended upto the 31st December 2020. Hence, the notification of delimitation of territorial wards of three tier
panchayats in the said nine newly reconstituted districts and the preparatory works could not be completed as
per the planned schedule of activities.

5. Further, after notification of the delimitation of territorial wards of Village Panchayats, Panchayat Unions
and District Panchayats, the reservation of seats for Scheduled Castes, Scheduled Tribes and Women in the
territorial wards of all the three tiers of panchayats will have to be notified. Thereafter, the reservation of office
for Scheduled Castes, Scheduled Tribes and Women in all the three tier of Panchayats have also to be notified
by the Government. Only thereafter, the Tamil Nadu State Election Commission could be enabled to notify
the schedule for the conduct of ordinary elections to the Rural Local Bodies in the nine newly reconstituted
districts, as ordered by the Hon’ble Supreme Court after ensuring conducive atmosphere for the consideration
of the health and safety of the people / voters / candidates / election machineries and the security personnel for
effective participation in the electoral process without any risk. In view of the above, additional time is required
for the Tamil Nadu State Election Commission to complete the preparatory works for the conduct of elections
to the Rural Local Bodies. To that effect, the Hon’ble Supreme Court in its order dated the 4th December 2020
has allowed the Interlocutory Application No.114726 / 2020 seeking extension of six months time to comply
with the Court’s Order dated 11.12.2019 passed in Writ Petition (C) No.1443/2019.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 17
6. In the circumstances stated above, as the term of office of the Special Officers of Village Panchayats,
Panchayat Unions and District Panchayats in the districts of Kancheepuram, Chengalpattu, Vellore, Tirupathur,
Ranipet, Villupuram, Kallakurichi, Tirunelveli and Tenkasi was due to expire on the 31st December 2020, the
Government decided to amend section 261-A of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21
of 1994) so as to extend the term of office of the said Special Officers for a further period of six months upto
the 30th June 2021 or until the first meeting of the council is held after the ordinary elections to the Village
Panchayats, Panchayat Unions and District Panchayats, whichever is earlier.

7. Accordingly, the Tamil Nadu Panchayats (Fourth Amendment) Ordinance, 2020 (Tamil Nadu Ordinance
12 of 2020) was promulgated by the Governor on the 29th December 2020 and the same was published in the
Tamil Nadu Government Gazette Extraordinary, dated the 30th December 2020.

8. The Bill seeks to replace the said Ordinance.

S.P. VELUMANI,
Minister for Municipal Administration,
Rural Development and Implementation
of Special Programme.

Chennai-600 009, K. SRINIVASAN,


4th February 2021. Secretary.

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


ON BEHALF OF THE GOVERNMENT OF TAMIL NADU

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