Act (English)

© [Regd. No. TN/CCN/467/2012-14. GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009. 2025 [Price: Rs. 5.60 Paise. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY No. 258] CHENNAI, WEDNESDAY, JUNE 4, 2025 Vaikasi 21, Visuvaavasu, Thiruvalluvar Aandu-2056 Part IV—Section 2 Tamil Nadu Acts and Ordinances CONTENTS Pages. ACTS: No. 32 of 2025—The Tamil Nadu Urban Local Bodies (Second Amendment) Act, 2025. .. .. 120-126 No. 33 of 2025—The Tamil Nadu Panchayats (Third Amendment) Act, 2025. .. .. .. 127-132 [119] IV-2—Ex. (258)120 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 4th June 2025 and is hereby published for general information:— ACT No. 32 OF 2025. An Act further to amend the Tamil Nadu Urban Local Bodies Act, 1998. 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 1. (1) This Act may be called the Tamil Nadu Urban Local . commencement Bodies (Second Amendment) Act, 2025. (2) (a) Sections 2, 3, 5, 7, 10 and 18 shall be deemed to have come into force on the 13th day of April 2023. (b) Sections 4,6 and sections 19 to 23 shall come into force at once. (c) All remaining sections shall come into force on such date as the State Government may, by notification, appoint. Amendment of 2. In section 4 of the Tamil Nadu Urban Local Bodies Act, 1998 Tamil Nadu Act 9 section 4. (hereinafter referred to as the principal Act), in sub-section (1-A), in of 1999. clause (i), for the expression “the Municipal Corporation of Chennai”, the expression “the Municipal Corporation of Greater Chennai” shall be substituted. Amendment of 3. In section 70 of the principal Act,— section 70. (1) to sub-section (1), the following proviso shall be added, namely:— “Provided that if there is reasonable cause for not placing the budget estimate within the specified period, the Government may authorise the Commissioner to place the budget estimate before the council on or before the 20th day of February of that year.”; (2) to sub-section (3), the following proviso shall be added, namely:— “Provided that if there is reasonable cause for not approving the budget estimate within the specified period, the Government may authorise the council to approve the budget estimate on or before the end of March of that year.”. Amendment of 4. In section 84 of the principal Act, in sub-section (2), for section 84. the expressions “a half-year” and “one per cent”, the expressions “a financial year” and “half per cent” shall, respectively, be substituted. Amendment of 5. In section 100 of the principal Act, in the first proviso to section 100. sub-section (3), for the expression “Chennai City Municipal Corporation”, the expression “Greater Chennai Municipal Corporation” shall be substituted.TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 121 6. In section 102 of the principal Act, in sub-section (1), the Amendment of expression “not exceeding three years” shall be omitted. section 102. 7. After section 109 of the principal Act, the following section Insertion of new shall be inserted, namely:— section 109-A. “109-A. Registration and licensing of boating activities.— No boating activity for entertainment shall be carried on in any water body vested with any municipality without registering the boats and obtaining licence in such manner as may be specified in the bye-laws.”. 8. In section 114-A of the principal Act, in clause (c), for the Amendment of expressions “on conviction before a Judicial Magistrate to a fine” and section 114-A. “such offence”, the expressions “for penalty” and “such act” shall, respectively, be substituted. 9. In section 117-Q of the principal Act,— Amendment of section 117-Q. (1) section 117-Q shall be re-numbered as sub-section (1) of that section and in the proviso to sub-section (1) as so re-numbered, for the expression “this section”, the expression “this sub-section” shall be substituted; (2) after sub-section (1) as so re-numbered, the following sub-section shall be added, namely:— “(2) Nothing contained in this Chapter or any rule or order made thereunder shall apply to any hoarding, digital banner or placard erected by the State Government, Central Government, municipality or statutory body or undertaking under the control of State or Central Government: Provided that the exemption under this sub-section shall be subject to such size and nature of the hoarding, digital banner or placard, as may be prescribed.”. 10. After section 126 of the principal Act, the following sections Insertion of new shall be inserted, namely:— sections 126-A and 126-B. “126-A.Variation or revocation of list of parks, play-fields and open spaces.— (1) The Government may, at any time, either suo-motu or at the instance of the municipality concerned or of any person interested, vary or revoke the list of parks, play-fields and open spaces published under section 126. (2) Before making any such variation or revocation, the Government shall publish in the prescribed manner a draft of such variation or revocation together with a notice specifying a date on or after which such draft will be taken into consideration and shall consider any objection or suggestion which may be received in respect of such draft from the municipality or any person interested before the date so specified. 126-B. Prohibition of the use of parks, play-fields and open spaces in certain cases.— No park, play-field or open space specified in the list published under section 126 shall, except with the previous sanction of the Government, be used for any purpose other than the purpose or purposes for which it was used on the date of the coming into force of this Act.”.122 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY Amendment of 11. In section 178 of the principal Act, in sub-section (3), for the section 178. expression “liable to be punished with the penalty ”, the expression “liable for the penalty” shall be substituted. Amendment of 12. In section 179-F of the principal Act, for the expressions section 179-F. “punishable for the first offence with fine” and “subsequent offence”, the expressions “liable for the first contravention with penalty” and “subsequent contravention” shall, respectively, be substituted. Amendment of 13. In section 179-G of the principal Act, in sub-section (2), for the section 179-G. expression “second offence”, the expression “second contravention” shall be substituted. Amendment of 14. In section 179-H of the principal Act,— section 179-H. (1) in sub-section (1), for the expressions “an offence” and “such offence”, the expressions “a contravention” and “such contravention” shall, respectively, be substituted; (2) in sub-section (2), for the expressions “an offence” and “prosecution is instituted for such offence”, the expressions “a contravention” and “adjudication is initiated for such contravention” shall, respectively, be substituted. Substitution of 15. For section 180 of the principal Act, the following section section 180. shall be substituted, namely:— “180. Penalties.— Save as otherwise provided in this Act, any person who contravenes any of the provisions of this Act or the rules, bye-laws or regulations made or any order or direction issued thereunder, shall be liable for penalty which may extend to twenty-five thousand rupees and in the case of continuing contravention with an additional penalty which may extend to one thousand rupees for every day during which such contravention continues after imposition of the penalty for the first contravention or compounding of the first contravention: Provided that in the absence of special and adequate reason to the contrary to be recorded in writing, the penalty under this section shall not be less than five hundred rupees. Insertion of new 16. After section 180-A of the principal Act, the following sections sections 180-B, shall be inserted, namely:— 180-C,180-D “180-B. Adjudication.— (1) The Director may, for the purpose of and 180-E. determining the penalties under sections 114-A, 134, 178, 179-F and 180, appoint an officer to be the adjudicating officer to hold an inquiry for the contraventions therein and impose penalty, in such manner as may be prescribed: Provided that the Director may appoint as many adjudicating officers as may be required.TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 123 (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 sections 114-A, 134, 178, 179-F and 180, 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. 180-C. Appeal.— (1) Any person who is aggrieved by an order passed by the adjudicating officer under section 180-B may prefer an appeal to the appellate authority as may be notified by the Government, within sixty days from the date of receipt of order, in such manner as may be prescribed: Provided that an appeal may be admitted after the expiry of the period of sixty days if the appellate authority is satisfied that the appellant had sufficient cause for not preferring the appeal within that period. (2) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such order as he may think fit. (3) The appellate authority shall dispose of the appeal within sixty days from the date of filing of appeal. 180-D. Compounding of contraventions.— (1) Any contravention under sections 114-A, 134, 178, 179-F and 180 may, either before or after the initiation of adjudication proceeding but before the imposition of penalty, be compounded by such officer as may be authorised in this behalf by the Director, 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. 180-E. Recovery.— If the penalty imposed under section 180-B or under section 180-C, as the case may be, is not deposited in such manner as may be prescribed, the amount due shall be recovered as an arrear of tax under section 116-A.”. 17. After section 188 of the principal Act, the following section Insertion of new shall be inserted, namely:— section 188-A.124 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY “188-A. Contravention by companies.— (1) Where a contravention of any of the provisions of this Act or any rule, bye-law or regulation made or any order or direction issued thereunder has been committed by a company, the person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to have contravened and shall be liable for a penalty specified under this Act: Provided that nothing contained in this sub-section shall render any such person liable to any penalty provided in this Act, if he proves that the contravention was committed without his knowledge or that he had exercised all due diligence to prevent such contravention. (2) Notwithstanding anything contained in sub-section (1), where any contravention under this Act has been committed by a company and it is proved that the contravention has been committed with the consent or connivance of or is attributable to any neglect 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 have contravened and shall be liable for a penalty specified under this Act. Explanation.— For the purpose of this section,— (a) a company means any body corporate and includes a trust, a firm, a society or other association of individuals, and (b) “director” in relation to— (i) a firm means a partner in the firm; (ii) a society, a trust or other association of individuals, means the person who is entrusted under the rules of the society, trust or other association, with the management of the affairs of the society, trust or other association, as the case may be.”. Amendment of 18. In section 198 of the principal Act, in sub-section (3), for section 198. items A and B, the following items shall be substituted, namely:— “A Group - Municipal Corporation of Greater Chennai; B Group - Municipal Corporation other than Municipal Corporation of Greater Chennai and Special Grade Municipal Councils;”. Insertion of new 19. After section 199-A of the principal Act, the following section section 199-B. shall be inserted, namely:— “199-B. Power to give directions.— The Government may, from time to time, issue such directions to any municipality or any municipal authority under this Act, as they may deem fit, for giving effect to the provisions of this Act and it shall be the duty of such municipality or municipal authority to comply with such directions.”.TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 125 20. Reference to “Chennai City Municipal Corporation”, “Municipal Construction Corporation of Chennai” or “Chennai Municipal Corporation” in any of reference Act or in any rule, notification, proceeding, order, regulation, bye-laws to Municipal or other instruments made or issued under such Act or under the Corporation of principal Act shall be construed as reference to “Municipal Corporation Chennai. of Greater Chennai”. 21. Where immediately before the date of commencement of the Legal proceedings. principal Act, any legal proceedings are pending in which “Chennai City Municipal Corporation”, “Municipal Corporation of Chennai” or “Chennai Municipal Corporation” is a party, “Municipal Corporation of Greater Chennai” shall be deemed to be substituted as a party in those proceedings. 22. Notwithstanding anything contained in any judgment, decree Validation of or order of any court or authority, the Government Order issued Government in G.O.(Ms)No.152, Municipal Administration and Water Supply Order. Department, dated the 26th October 2015 shall not be deemed to be invalid, and shall not be deemed ever to have been invalid, merely on the ground that the said Government Order is not in accordance with the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919) or the principal Act and all acts, proceedings or things done or actions taken under the above said Government Order till the date of publication of this Act in the Tamil Nadu Government Gazette shall, for all purposes, be deemed to be, and to have always been, validly done or taken in accordance with law. 23. Notwithstanding anything contained in the principal Act or any Validation other law or order or notification for the time being in force or in any of certain judgment, decree or order of any court or other authority, all acts done proceedings. or proceedings taken by the council or any authority for not placing or approving the budget within the specified time or registration and licensing of boating activities or usage of parks, play-fields or open spaces other than the purpose for which they are earmarked, with the sanction of the Government, during the period commencing on the 13th day of April 2023 and ending with the date of publication of this Act in the Tamil Nadu Government Gazette, shall, for all purposes, be deemed to be, and to have always been, validly done or taken in accordance with law, as if the principal Act, as amended by this Act, had been in force at all material times when such acts or proceedings were done or taken. (By order of the Governor) S. GEORGE ALEXANDER, Secretary to Government, Law Department.126 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARYTAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 127 The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 4th June 2025 and is hereby published for general information:— ACT No. 33 OF 2025. An Act 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-sixth Year of the Republic of India as follows:— 1. (1) This Act may be called the Tamil Nadu Panchayats Short title and (Third Amendment) Act, 2025. commencement. (2) It shall come into force on such date as the State Government may, by notification, appoint. Tamil Nadu Act 21 of 2. Section 131-A of the Tamil Nadu Panchayats Act, 1994 Omission of 1994. (hereinafter referred to as the principal Act), shall be omitted. section 131-A. 3. After Chapter IX-A of the principal Act, the following Insertion of new Chapter shall be inserted, namely:— Chapter IX-B. “CHAPTER IX –B. REGULATION OF HOARDINGS, DIGITAL BANNERS AND PLACARDS. 198-J. Definitions.— In this Chapter,— (a) “digital banner” means any screen of boards, at any place, whether public or private used or intended to be used for exhibiting any advertisement or any information in connection with marriage, religious ceremony, birth or death anniversary or meeting or conference of any political, religious or communal organisation, promotion of business, designed and printed using electronic printing technology; (b) “hoarding” means any screen of boards or any other structure other than digital banner and placard, at any place, whether public or private used or intended to be used for exhibiting advertisement, including the frame work or other support, erected, wholly or in part upon or over any land, building, wall or structure, or vehicle visible to public wholly or partly; (c) “placard” means any screen of boards, the size of which is not exceeding eight feet in height and four feet in breadth, at any place, whether public or private, used or intended to be used for exhibiting any advertisement or any information in connection with marriage, religious ceremony, birth or death anniversary or meeting or conference of any political, religious or communal organisation, promotion of business, designed and printed using electronic printing technology.128 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 198-K. Regulation of erection of hoardings.— (1) Every person who intends to erect hoarding at any place in a panchayat village shall register his name with the Block Development Officer (Village Panchayats) in such form with such fee, as may be prescribed. (2) For erection of any hoarding, the registered person under sub-section (1) shall apply to the Block Development Officer (Village Panchayats) for a licence. (3) Every application for licence under sub-section (2) shall be made to the Block Development Officer (Village Panchayats) in such form, containing such particulars, with such application fee, as may be prescribed. (4) The Block Development Officer (Village Panchayats) may, after local inspection and on payment of such licence fee not exceeding fifteen thousand rupees per square metre per year as may be prescribed, grant a licence with such conditions as may be prescribed. (5) The Block Development Officer (Village Panchayats) may refuse to grant licence for reasons to be recorded in writing: Provided that a licence shall not be refused unless the applicant has been given an opportunity for making his representation. (6) Every licence granted under sub-section (4) shall be valid for such period not exceeding three years and may be renewed for a period not exceeding the period for which it was granted. (7) The fee paid under sub-sections (1), (3) and (4) shall be credited to the account of Village Panchayat concerned, in such manner as may be prescribed. 198-L. Regulation of erection of digital banners and placards.— (1) No digital banner or placard for exhibiting any advertisement or information shall be erected within the panchayat village by any person without obtaining prior permission from the Executive Authority concerned. (2) Every application for permission under sub-section (1) shall be made in writing, to the Executive Authority fifteen days prior to the date of erection of digital banner or placard in such form, containing such particulars with such fee, not exceeding one thousand rupees per placard or digital banner as may be prescribed: Provided that in case of political event, such application shall be made at least three days prior to the date of erection of digital banner or placard. (3) The permission for erection of digital banner or placard may be granted for such purpose and for such period, not exceeding six days and subject to such conditions as may be specified by the Executive Authority.TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 129 (4) The Executive Authority may refuse to grant permission for reasons to be recorded in writing. (5) Every person who has erected the digital banner or placard after obtaining the permission, shall, on expiry of such permission, remove the same and dispose it, without causing any hazard to health or environment, in such manner as may be prescribed. 198-M. Power to suspend or cancel licence.— (1) Without prejudice to any other penalty to which the licensee may be liable under this Chapter, the Block Development Officer (Village Panchayats) may, at any time, by order in writing, cancel or suspend the licence granted or renewed under section 198-K, if— (a) such licence has been obtained by fraud, misrepresentation or suppression of material particulars; or (b) the licensee has contravened any of the provisions of this Chapter or the rules made thereunder or any of the condition, subject to which the licence was granted. (2) Before cancelling a licence under sub-section (1), the Block Development Officer (Village Panchayats) shall give the licensee, an opportunity of making his representation. 198-N. Removal of unauthorised hoardings, digital banners or placards.— Any hoarding erected without licence or any digital banner or placard erected without permission, shall be confiscated and removed by the Block Development Officer (Village Panchayats) or the Executive Authority, as the case may be, without giving any notice and recover the cost of removal from the person who has erected the unauthorised hoarding, digital banner or placard, as an arrear of land revenue. 198-O. Removal of hoardings, digital banners or placards in certain other cases.— (1) Where any hoarding or digital banner or placard is retained after the expiry of the licence or the period of permission, as the case may be, or erected contrary to the conditions of the licence or the permission, as the case may be, the Block Development Officer (Village Panchayats) or the Executive Authority concerned, may, by notice in writing, require the licensee or the permit holder to remove such hoarding or digital banner or placard within such time as may be prescribed. (2) Where the hoarding or digital banner or placard is not removed within the time specified in the notice, the Block Development Officer (Village Panchayats) or the Executive Authority, as the case may be, shall, without further notice, remove the same and recover the cost of removal from the person concerned as an arrear of land revenue.130 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 198–P. Exemption.—(1) Nothing contained in this Chapter shall apply to any hoarding, digital banner or placard on which is exhibited any advertisement which relates to,— (a) the trade or business carried on within the land or building upon or over which such hoarding, digital banner or placard is erected or to any sale or letting of such land or building or any effects therein or to any sale, entertainment or meeting to be held upon or in such land or building; (b) the name of the land or building, upon or over which the hoarding, digital banner or placard is erected or to the name of the owner or occupier of such land or building: Provided that the exemption under this sub-section shall be subject to such size and nature of the hoarding, digital banner or placard, as may be prescribed. (2) Nothing contained in this Chapter shall apply to any hoarding, digital banner or placard erected by the State Government, Central Government, panchayat or statutory body or undertaking under the control of State or Central Government: Provided that the exemption under this sub-section shall be subject to such size and nature of the hoarding, digital banner or placard, as may be prescribed. 198–Q. Appeal.— (1) An appeal shall lie to such authority as may be notified by the Government, from an order of refusal to grant or renew a licence, or cancelling or refusing to grant permission by the Block Development Officer (Village Panchayats) or the Executive Authority, as the case may be, under this Chapter within thirty days from the date of receipt of the order. (2) The appeal shall be in such form and in such manner and shall be accompanied with such fee, as may be prescribed. (3) On receipt of such appeal, the appellate authority may, after making such inquiry as may be necessary and giving a reasonable opportunity to the appellant to be heard, pass such order as it deems fit. 198–R. Power to grant rights to advertise in properties vested with the Panchayats.— (1) Subject to the provisions of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 (Tamil Nadu Act 2 of 1959) or any other law for the time being in force, the Block Development Officer (Village Panchayats) or the Executive Authority concerned, may grant right to any person or a class of persons or any institution or organisation to display advertisement on properties belonging to, or vested with, the panchayats on payment of such fee as may be prescribed. (2) Any amount paid to the panchayat under sub-section (1) shall be in addition to, and distinct from, the fees to be paid under section 198-K or section 198-L, as the case may be.TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 131 (3) Notwithstanding anything contained in this section, the Block Development Officer (Village Panchayats) or the Executive Authority concerned, may allow any person or a class of persons or any institution or organisation that maintains a public asset belonging to, or vested with, the panchayat at its own cost, to display their own advertisement. 198–S. Prohibition of erection of certain hoardings, digital banners or placards.— Notwithstanding anything contained in this Act or in any other law for the time being in force or in any judgment, decree or order of any court, tribunal or other authority,— (a) (i) where any hoarding (other than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbance to the safe traffic movement, so as to adversely affect free and safe flow of traffic and which is in existence, the Block Development Officer (Village Panchayats) shall by notice in writing, require the licensee or any person in possession of such hoarding, to remove such hoarding within such time as may be specified in the notice: Provided that such time shall not be less than fifteen days from the date of issue of such notice. (ii) where the hoarding referred to in sub-clause (i) is not removed within the time specified in the notice, the Block Development Officer (Village Panchayats) shall, without further notice, remove such hoarding and recover the cost of removal from the person concerned as an arrear of land revenue. (b) (i) where the Block Development Officer (Village Panchayats) or the Executive Authority concerned is satisfied that the erection of any hoarding or the erection of digital banner or placard (other than traffic sign and road sign) visible to the traffic on the road is hazardous and disturbance to the safe traffic movement so as to adversely affect free and safe flow of traffic, he shall not grant any licence or permission under section 198-K or 198–L, as the case may be; (ii) where any hoarding, or digital banner or placard is erected in contravention of sub-clause (i), it shall be confiscated and removed by the Block Development Officer (Village Panchayats) or the Executive Authority concerned without any notice and recover the cost of removal from the person concerned as an arrear of land revenue. 198–T. Penalty.— Whoever contravenes any of the provisions of this Chapter or any rule or order made thereunder or obstructs lawful exercise of any power conferred by or under this Chapter shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to twenty five thousand rupees or with both: Provided that whoever erects any digital banner or placard without the permission of the Executive Authority, shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to five thousand rupees or with both.”.132 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY Amendment of 4. In section 220 of the principal Act, the proviso to sub- section 220. section (2) shall be omitted. Insertion of new 5. After section 256 of the principal Act, the following section section 256-A. shall be inserted, namely:— “256-A. Power to give directions.— The Government may, from time to time, issue such directions to any panchayat or authority under this Act, as they may deem fit, for giving effect to the provisions of this Act and it shall be the duty of such panchayat or authority to comply with such directions.”. (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