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© [Regd. No. TN/CCN/467/2012-14.
GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009.
2025 [Price: Rs. 8.80 Paise.
TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 21] CHENNAI, FRIDAY, JANUARY 10, 2025
Margazhi 26, Kurothi, Thiruvalluvar Aandu-2055
Part IV—Section 1
Tamil Nadu Bills
CONTENTS
Pages.
BILLS:
No. 2 of 2025—The Criminal Laws (Tamil Nadu Amendment) Act, 2025. 4-14
No. 3 of 2025—The Tamil Nadu Prohibition of Harassment of Woman
(Amendment) Act, 2025. 15-20
No. 4 of 2025—The Tamil Nadu Panchayats (Amendment) Bill, 2025. 21-23
DTP—Ex-IV-1 (21) [3]4 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
BILLS INTRODUCED IN THE LEGISLATIVE ASSEMBLY
OF THE STATE OF TAMIL NADU
Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following
Bill which was introduced in the Legislative Assembly of the Tamil Nadu on
10th January, 2025 is published together with Statement of Objects and Reasons
for general information:—
L.A Bill No. 2 of 2025
A Bill to amend the Bharatiya Nyaya Sanhita, 2023 and the
Bharatiya Nagarik Suraksha Sanhita, 2023 in its application to
the State of Tamil Nadu.
Be it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Seventy-fifth Year of the Republic of India as
follows:—
1. (1) This Act may be called the Criminal Laws
(Tamil Nadu Amendment) Act, 2025.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall come into force on such date as the State
Government may, by notification, appoint.
PART – I.
Amendments to the Bharatiya Nyaya Sanhita, 2023.
Amendment of 2. In section 64 of the Bharatiya Nyaya Sanhita, 2023 Central Act 45 of
section 64. (hereinafter referred to as the Central Act 45 of 2023),— 2023.
(1) in sub-section (1), for the expression “shall be punished
with rigorous imprisonment of either description for a term which shall
not be less than ten years, but which may extend to imprisonment for
life, and shall also be liable to fine”, the expression “shall be punished
with rigorous imprisonment for a term which shall not be less than
fourteen years, but which may extend to rigorous imprisonment
for life, which shall mean rigorous imprisonment for the remainder
of that person’s natural life, and shall also be liable to fine” shall be
substituted;
(2) in sub-section (2), for the expression “shall be
punished with rigorous imprisonment for a term which shall not be
less than ten years, but which may extend to imprisonment for life,
which shall mean imprisonment for the remainder of that person’s
natural life, and shall also be liable to fine”, the expression “shall be
punished with rigorous imprisonment for a term which shall not be less
than twenty years, but which may extend to rigorous imprisonment
for life, which shall mean rigorous imprisonment for the remainder
of that person’s natural life, and shall also be liable to fine” shall be
substituted.TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 5
3. In section 65 of the Central Act 45 of 2023,— Amendment of
section 65.
(1) in sub-section (1), for the expression,“shall be punished
with rigorous imprisonment for a term which shall not be less than
twenty years, but which may extend to imprisonment for life, which
shall mean imprisonment for the remainder of that person’s natural life,
and shall also be liable to fine”, the expression “shall be punished with
rigorous imprisonment for a term which shall not be less than twenty
years but which may extend to rigorous imprisonment for life, which
shall mean rigorous imprisonment for the remainder of that person’s
natural life, and shall also be liable to fine” shall be substituted;
(2) in sub-section (2), for the expression, “shall be punished
with rigorous imprisonment for a term which shall not be less than
twenty years, but which may extend to imprisonment for life, which
shall mean imprisonment for the remainder of that person’s natural
life, and with fine or with death”, the expression “shall be punished
with rigorous imprisonment for life, which shall mean rigorous
imprisonment for the remainder of that person’s natural life, and with
fine or with death” shall be substituted.
4. In section 66 of the Central Act 45 of 2023, for the expression Amendment of
“shall be punished with rigorous imprisonment for a term which shall section 66.
not be less than twenty years, but which may extend to imprisonment
for life, which shall mean imprisonment for the remainder of that
person’s natural life, or with death”, the expression “shall be punished
with rigorous imprisonment for life, which shall mean rigorous
imprisonment for the remainder of that person’s natural life, and with
fine or with death” shall be substituted.
5. In section 70 of the Central Act 45 of 2023,— Amendment of
section 70.
(1) in sub-section (1), for the expression “shall be punished
with rigorous imprisonment for a term which shall not be less than
twenty years, but which may extend to imprisonment for life which
shall mean imprisonment for the remainder of that person’s natural
life, and with fine”, the expression “shall be punished with rigorous
imprisonment for life, which shall mean rigorous imprisonment for
the remainder of that person’s natural life, and with fine” shall be
substituted;
(2) in sub-section (2), for the expression “shall be punished
with imprisonment for life, which shall mean imprisonment for the
remainder of that person’s natural life, and with fine, or with death”,
the expression “shall be punished with rigorous imprisonment for life,
which shall mean rigorous imprisonment for the remainder of that
person’s natural life, and with fine or with death” shall be substituted.
6. In section 71 of the Central Act 45 of 2023, for the Amendment of
expression, “shall be punished with imprisonment for life which shall section 71.
mean imprisonment for the remainder of that person’s natural life, or
with death”, the expression “shall be punished with death or rigorous
imprisonment for life, which shall mean rigorous imprisonment for
the remainder of that person’s natural life and with fine” shall be
substituted.6 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Amendment of 7. In section 72 of the Central Act 45 of 2023, in sub-section
section 72. (1), for the expression “shall be punished with imprisonment of either
description for a term which may extend to two years and shall also be
liable to fine”, the expression “shall be punished with imprisonment of
either description for a term which shall not be less than three years,
but which may extend to five years and shall also be liable to fine”
shall be substituted.
Amendment of 8. In section 74 of the Central Act 45 of 2023, for the expression
section 74. “shall be punished with imprisonment of either description for a
term which shall not be less than one year but which may extend
to five years, and shall also be liable to fine”, the expression “shall
be punished with imprisonment of either description for a term which
shall not be less than three years but which may extend to five years,
and shall also be liable to fine” shall be substituted.
Amendment of 9. In section 75 of the Central Act 45 of 2023, in sub-section (2),
section 75. for the expression “shall be punished with rigorous imprisonment for a
term which may extend to three years, or with fine, or with both”, the
expression “shall be punished with rigorous imprisonment for a term
which may extend to five years and with fine” shall be substituted.
Amendment of 10. In section 76 of the Central Act 45 of 2023, for the expression
section 76. “shall be punished with imprisonment of either description for a term
which shall not be less than three years but which may extend to
seven years, and shall also be liable to fine”, the expression “shall be
punished with imprisonment for a term which shall not be less than
five years, but which may extend to imprisonment for ten years, and
shall also be liable to fine” shall be substituted.
Amendment of 11. In section 77 of the Central Act 45 of 2023, for the expression
section 77. “shall be punished on first conviction with imprisonment of either
description for a term which shall not be less than one year, but which
may extend to three years, and shall also be liable to fine, and be
punished on a second or subsequent conviction, with imprisonment
of either description for a term which shall not be less than three
years, but which may extend to seven years, and shall also be liable
to fine”, the expression “shall be punished on first conviction with
imprisonment of either description for a term which shall not be less
than two years, but which may extend to five years, and shall also be
liable to fine, and be punished on a second or subsequent conviction,
with imprisonment of either description for a term which shall not be
less than five years, but which may extend to ten years, and shall also
be liable to fine” shall be substituted.
Amendment of 12. In section 78 of the Central Act 45 of 2023, in sub-section
section 78. (2), for the expression “shall be punished on first conviction with
imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine; and be punished on a second
or subsequent conviction, with imprisonment of either description
for a term which may extend to five years, and shall also be liable
to fine”, the expression “shall be punished on first conviction with
imprisonment of either description for a term which may extend to five
years, and shall also be liable to fine; and be punished on a second
or subsequent conviction, with imprisonment of either description for
a term which may extend to seven years, and shall also be liable to
fine” shall be substituted.TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 7
13. In section 124 of the Central Act 45 of 2023,— Amendment of
section 124.
(1) in sub-section (1), for the expression “shall be punished
with imprisonment of either description for a term which shall not
be less than ten years but which may extend to imprisonment for
life, and with fine”, the expression “shall be punished with rigorous
imprisonment for life which shall mean rigorous imprisonment for the
remainder of that person’s natural life, and with fine or with death”
shall be substituted;
(2) in sub-section (2), for the expression “shall be punished
with imprisonment of either description for a term which shall not
be less than five years but which may extend to seven years, and
shall also be liable to fine”, the expression “shall be punished with
imprisonment of either description for a term which shall not be less
than ten years but which may extend to imprisonment for life, and
shall also be liable to fine” shall be substituted.
PART – II.
Amendments to the Bharatiya Nagarik Suraksha
Sanhita, 2023.
14. After section 128 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as the Central Act 46 of 2023),
the following section shall be inserted, namely:—
“128-A. Protection Order.— (1) The Executive Magistrate, may, Insertion of section
on an application from the aggrieved person or otherwise, after 128-A.
obtaining report of the Investigation Officer concerned and after
giving the accused an opportunity of being heard and on being prima
facie satisfied that an offence punishable under section 64, section
65, section 66, section 68, section 70 or section 71 of the Bharatiya
Nyaya Sanhita, 2023 (Central Act 45 of 2023), or sections 4, 6, 8,
10 or section 14 of the Protection of Children from Sexual Offences
Act, 2012 (Central Act 32 of 2012) has been committed, pass
a Protection Order prohibiting the accused from attempting to
communicate with the aggrieved person in any form, whatsoever,
including personal or oral or written or electronic or telephonic contact
or through third parties.
(2) A breach of Protection Order by the accused shall be an
offence under this Act and shall be punishable with imprisonment of
either description for a term which may extend to three years and with
fine which may extend to one lakh rupees.”.
15. In section 346 of the Central Act 46 of 2023, in the proviso Amendment of
to sub-section (1), after the expression “Bharatiya Nyaya Sanhita, section 346.
2023”, the expression “or under sections 4, 6, 8, 10 or section 14 of
the Protection of Children from Sexual Offences Act, 2012 (Central
Act 32 of 2012),” shall be inserted.
16. In section 415 of the Central Act 46 of 2023, in sub- Amendment of
section (4), after the expression “Bharatiya Nyaya Sanhita, 2023”, section 415.
the expression “or under sections 4, 6, 8, 10 or section 14 of the
Protection of Children from Sexual Offences Act, 2012 (Central Act 32
of 2012)” shall be inserted.8 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Amendment of 17. In section 430 of the Central Act 46 of 2023, after sub-
section 430. section (4), the following sub-section shall be added, namely:—
“(5) Notwithstanding anything contained in this section,
pending any appeal by a person convicted under section 64, section
65, section 66, section 68, section 70 or section 71 of the Bharatiya
Nyaya Sanhita, 2023 (Central Act 45 of 2023) or under sections 4, 6,
8, 10 or section 14 of the Protection of Children from Sexual Offences
Act, 2012 (Central Act 32 of 2012), the Appellate Court shall not
order the suspension of execution of sentence other than the death
sentence and of the order appealed against and shall not release
the convicted person before the expiry of six months from the date of
filing of appeal as provided for under sub-section (4) of section 415.”.
Amendment of 18. In section 480 of the Central Act 46 of 2023, in sub-
section 480. section (1), after the fourth proviso, the following proviso shall be
added, namely:—
“Provided also that no person shall, if the offence alleged
to have been committed by him is punishable under section 64,
section 65, section 66, section 68, section 70 or section 71 of the
Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023) or under
sections 4, 6, 8, 10 or section 14 of the Protection of Children from
Sexual Offences Act, 2012 (Central Act 32 of 2012), be released on
bail by the Court under this sub-section in cases where the Public
Prosecutor opposes his release on bail unless the Court is satisfied
that there are reasonable grounds for believing that he is not guilty of
such offence and that he is not likely to commit any offence while on
bail.”.
Amendment of 19. In section 482 of the Central Act 46 of 2023, in sub-section
section 482. (4), for the expression “section 65 and sub-section (2) of section 70
of the Bharatiya Nyaya Sanhita, 2023”, the expression “section 64,
section 65, section 66, section 68, section 70 or section 71 of the
Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023) or under
sections 4, 6, 8, 10 or section 14 of the Protection of Children
from Sexual Offences Act, 2012 (Central Act 32 of 2012)” shall be
substituted.
Amendment of 20. In section 483 of the Central Act 46 of 2023,—
section 483.
(1) in sub-section (1),—
(a) in the second proviso, for the expression Central Act 46 of
“section 65 or sub-section (2) of section 70 of the Bharatiya Nyaya 2023.
Sanhita, 2023”, the expression “section 64, section 65, section 66,
section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita,
2023 (Central Act 45 of 2023) or under sections 4, 6, 8, 10 or section
14 of the Protection of Children from Sexual Offences Act, 2012
(Central Act 32 of 2012)” shall be substituted;TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 9
(b) after the second proviso, the following proviso shall
be added, namely:—
“Provided also that no person accused of an offence punishable
under section 64, section 65, section 66, section 68, section 70 or
section 71 of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45
of 2023) or under sections 4, 6, 8, 10 or section 14 of the Protection
of Children from Sexual Offences Act, 2012 (Central Act 32 of 2012),
be released on bail by the High Court or the Court of Session under
this sub-section in cases where the Public Prosecutor opposes his
release on bail unless the High Court or the Court of Session is
satisfied that there are reasonable grounds for believing that he is not
guilty of such offence and that he is not likely to commit any offence
while on bail.”.
(2) in sub-section (2), for the expression “section 65 or sub-
section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023”, the
expression “section 64, section 65, section 66, section 68, section 70
or section 71 of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45
of 2023) or under sections 4, 6, 8, 10 or section 14 of the Protection
of Children from Sexual Offences Act, 2012 (Central Act 32 of 2012)”
shall be substituted.
21. In THE FIRST SCHEDULE to the Central Act 46 of 2023, Amendment of
under the heading “I.— OFFENCES UNDER THE BHARATIYA First Schedule.
NYAYA SANHITA”, for the entries relating to sections 64(1), 64(2),
65(1), 65(2), 66, 70(1), 70(2), 71, 72(1), 74, 75(2), 76, 77, 78(2), 124(1)
and 124(2), the following entries shall respectively be substituted,
namely:—10 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Cognizable Bailable By what
Section Offence Punishment or Non- or Non- Court
cognizable. bailable. triable.
(1) (2) (3) (4) (5) (6)
“64(1) Rape. Rigorous imprisonment for not less Cognizable. Non- Court of
than fourteen years but which may bailable. Session.
extend to rigorous imprisonment
for life which shall mean rigorous
imprisonment for the remainder of
that person’s natural life, and fine.
64(2) Rape by a police officer or a public Rigorous imprisonment for not less Cognizable. Non- Court of
servant or member of armed than twenty years but which may bailable. Session.
forces or a person being on the extend to rigorous imprisonment
management or on the staff of a for life which shall mean rigorous
jail, remand home or other place of imprisonment for the remainder of
custody or women’s or children’s that person’s natural life, and fine.
institution or by a person on the
management or on the staff of a
hospital, and rape committed by
a person in a position of trust or
authority towards the person raped
or by a near relative of the person
raped.
65 (1) Persons committing offence of rape Rigorous imprisonment for not less Cognizable. Non- Court of
on a woman under sixteen years of than twenty years but which may bailable. Session.
age. extend to rigorous imprisonment
for life, which shall mean rigorous
imprisonment for the remainder of
that person’s natural life, and fine.
65(2) Persons committing offence of rape Rigorous imprisonment for Cognizable. Non- Court of
on a woman under twelve years of life, which shall mean rigorous bailable. Session.
age. imprisonment for the remainder of
that person’s natural life, and fine or
death.TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 11
Cognizable Bailable By what
Section Offence Punishment or Non- or Non- Court
cognizable. bailable. triable.
(1) (2) (3) (4) (5) (6)
66 Person committing an offence of Rigorous imprisonment for Cognizable. Non- Court of
rape and inflicting injury which life, which shall mean rigorous bailable. Session.
causes death or causes the woman imprisonment for the remainder of
to be in a persistent vegetative that person’s natural life, and fine or
state. death
70(1) Gang rape. Rigorous imprisonment for Cognizable. Non- Court of
life, which shall mean rigorous bailable. Session.
imprisonment for the remainder of
that person’s natural life, and fine.
70(2) Gang rape on a woman under Rigorous imprisonment for Cognizable. Non- Court of
eighteen years of age. life, which shall mean rigorous bailable. Session.
imprisonment for the remainder of
that person’s natural life, and fine or
death
71 Repeat offenders. Death or rigorous imprisonment Cognizable. Non- Court of
for life, which shall mean rigorous bailable. Session.
imprisonment for the remainder of
that person’s natural life, and fine
72(1) Disclosure of identity of the victim of Imprisonment of either description Cognizable. Non- Court of
certain offences, etc. for not less than three years, but bailable. Session.
which may extend to five years and
fine.
74 Assault or use of criminal force to Imprisonment of either description Cognizable Non- Court of
woman with intent to outrage her for not less than three years, but bailable. Session.
modesty. which may extend to five years and
fine.
75(2) Sexual harassment and punishment Rigorous imprisonment with five Cognizable. Non- Court of
for sexual harassment specified in years, and fine. bailable. Session.
clause (i) or clause (ii) or clause (iii)
of sub-section (1).
76 Assault or use of criminal force to Imprisonment for not less than five Cognizable. Non- Court of
woman with intent to disrobe. years, but which may extend to ten bailable. Session.
years, and fine.12 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Cognizable Bailable By what
Section Offence Punishment or Non- or Non- Court
cognizable. bailable. triable.
(1) (2) (3) (4) (5) (6)
77 Voyeurism. Imprisonment of either description Cognizable. Non- Court of
for not less than two years, but bailable. Session.
which may extend to five years, and
fine.
Second or subsequent conviction. Imprisonment of either description Cognizable. Non- Court of
for not less than five years, but bailable. Session.
which may extend to ten years, and
fine.
78(2) Stalking. Imprisonment upto five years, and Cognizable. Non- Court of
fine. bailable. Session.
Second or subsequent conviction. Imprisonment upto seven years, Cognizable. Non- Court of
and fine. bailable. Session.
124(1) Voluntarily causing grievous hurt by Rigorous imprisonment for life which Cognizable. Non- Court of
use of acid, etc. shall mean rigorous imprisonment bailable. Session.
for the remainder of that person’s
natural life, and fine or death.
124(2) Voluntarily throwing or attempting to Imprisonment of either description Cognizable. Non- Court of
throw acid. for not less than ten years but which bailable. Session.”.
may extend to imprisonment for life,
and fine.TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 13
STATEMENT OF OBJECTS AND REASONS
The Government is fully committed to the protection, welfare and well being of women and children and
therefore they have been accorded the highest priority by this State.
2. 41 percent of all working women in factories in India are employed in this State. Further, the State has
a high female enrolment in both school and higher education. Pursuant to the State’s unwavering commitment
to ensure safety of its citizens, particularly women and children, and to ensure that heinous acts of rape and
sexual offences against women and children are met with the full force of the law, it has become necessary
to provide deterrent punishment for the perpetrators of atrocities against the women and children. Hence, the
State Government firmly believes that enhancing the quantum of punishments for the offences committed
against women and children in Bharatiya Nyaya Sanhita, 2023 and also amending certain provisions relating
to bail in the Bharatiya Nagarik Suraksha Sanhita, 2023 by prescribing more stringent provisions for such
offences will certainly deter such deplorable acts and ensure that the perpetrators face exemplary and severe
consequences for their crimes.
3. To give effect to the above, the Government have decided to amend the Bharatiya Nyaya Sanhita, 2023
(Central Act 45 of 2023) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (Central Act 46 of 2023) suitably
for the purpose.
4. The Bill seeks to give effect to the above decision.
M.K. STALIN,
Chief Minister.14 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
MEMORANDUM REGARDING DELEGATED LEGISLATION.
Clause 1(3) of the Bill authorises the Government to issue notification for the purpose
specified therein.
2. The power delegated is normal and not of an exceptional character.
M.K. STALIN,
Chief Minister.
Secretariat,
Chennai-600 009, K. SRINIVASAN,
10th January 2025. Principal Secretary.TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 15
BILLS INTRODUCED IN THE LEGISLATIVE ASSEMBLY
OF THE STATE OF TAMIL NADU
Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the
following Bill which was introduced in the Legislative Assembly of Tamil Nadu on
10th January, 2025 is published together with Statement of Objects and Reasons
for general information:—
L.A Bill No. 3 of 2025
A Bill further to amend the Tamil Nadu Prohibition of
Harassment of Woman Act, 1998.
Be it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Seventy-fifth Year of the Republic of India as
follows: —
1. (1) This Act may be called the Tamil Nadu Prohibition of Short title and
Harassment of Woman (Amendment) Act, 2025. commencement.
(2) It shall come into force on such date as the Government
may, by notification, appoint.
Tamil Nadu Act 44 2. In section 2 of the Tamil Nadu Prohibition of Harassment Amendment of
of 1998. of Woman Act, 1998 (hereinafter referred to as the principal Act), — section 2.
(1) for clause (a), the following clause shall be substituted,
namely: —
“(a) “harassment” means any indecent conduct, act or
behaviour by a man, whether physical, verbal, non-verbal, digital,
electronic or any other means, which causes or is likely to cause
intimidation, fear, shame or embarrassment including threat or
abusing or causing hurt or nuisance or assault or use of force.”;
(2) in clause (c), for the expression “Indian Penal Code,
1860 (Central Act XLV of 1860)”, the expression “Bharatiya Nyaya
Sanhita, 2023 (Central Act 45 of 2023) and the Bharatiya Nagarik
Suraksha Sanhita, 2023 (Central Act 46 of 2023)” shall be substituted.
Amendment of 3. In section 4 of the principal Act, for the expression “shall
section 4. be punished with imprisonment for a term which may extend to
three years and with fine which shall not be less than ten thousand
rupees”, the expression “shall be punished on first conviction with
imprisonment for a term which may extend to five years and with fine
which shall not be less than one lakh rupees and be punished on a
second or subsequent conviction, with imprisonment for a term which
shall not be less than five years but which may extend to ten years
and with fine which shall not be less than ten lakh rupees” shall be
substituted.16 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Amendment of 4. In section 4-A of the principal Act,—
section 4-A.
(1) in sub-section (1), for the expression “section 294,
354 or 509 of the Indian Penal Code (Central Act XLV of 1860)”,
the expression “section 74, 75, 76, 77, 78, 79 or section 296 of the
Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023)” shall be
substituted;
(2) in sub-section (2),—
(a) in clause (i), for the expression “shall be punished
with imprisonment of either description for a term which may
extend to imprisonment for life and with fine which shall not be
less than fifty thousand rupees”, the expression “shall be punished
with imprisonment for life which shall mean imprisonment for the
remainder of that person’s natural life and shall also be liable for fine
which shall not be less than two lakh rupees or with death” shall be
substituted;
(b) in clause (ii), for the expression “shall be punished
with imprisonment of either description for a term which may extend
to ten years and with fine which shall not be less than fifty thousand
rupees”, the expression “shall be punished with imprisonment of either
description for a term which may extend to fifteen years and with fine
which shall not be less than two lakh rupees” shall be substituted;
(c) in clause (iii), for the expression “shall be punished
with imprisonment of either description for a term which may extend to
ten years and with fine which shall not be less than twenty-five thousand
rupees”, the expression “shall be punished with imprisonment of either
description for a term which may extend to fifteen years and with fine
which shall not be less than one lakh rupees” shall be substituted.
Amendment of 5. In section 4-B of the principal Act,—
section 4-B.
(1) in sub-section (1), for the expression “section 294,
354 or 509 of the Indian Penal Code (Central Act XLV of 1860)”
the expression “section 74, 75, 76, 77, 78, 79 or section 296 of the
Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023)” shall be
substituted;
(2) in sub-section (2), for the expression “shall be punished
with imprisonment of either description for a term which may extend
to ten years and with fine which shall not be less than fifty thousand
rupees”, the expression “shall be punished with imprisonment of either
description for a term which may extend to fifteen years and with fine
which shall not be less than two lakh rupees” shall be substituted.
Amendment of 6. In section 4-C of the principal Act, for the expression “section
section 4-C. 294, 354 or 509 of the Indian Penal Code (Central Act XLV of 1860)”,
the expression “section 74, 75, 76, 77, 78, 79 or section 296 of the
Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023)” shall be
substituted.TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 17
7. In section 5 of the principal Act,— Amendment of
section 5.
(1) for sub-section (1), the following sub-section shall be
substituted, namely:—
“(1) Any person who is in-charge of educational institution, hostel,
temple or other places of worship, cinema theatre, hotel, restaurant,
hospital, any home or hostel for care and protection of women and
children by whatever name called, mall or any other precinct shall,—
(a) take steps including installation of Closed-Circuit
Television Cameras, lights and such other measures as may be
prescribed to prevent harassment of woman within the precinct;
(b) on a complaint made by an aggrieved person, give
information to the police about the harassment of woman within
twenty-four hours of the occurrence of the incident.”;
(2) in sub-section (2), for the expression “two thousand
rupees”, the expression “fifty thousand rupees” shall be substituted.
8. In section 6 of the principal Act, in sub-section (2), for the Amendment of
expression “one thousand rupees”, the expression “twenty-five section 6.
thousand rupees” shall be substituted.
9. In section 7 of the principal Act, in sub-section (1), for the Amendment of
expression “five thousand rupees”, the expression “seventy-five section 7.
thousand rupees” shall be substituted.
10. After section 7-A of the principal Act, the following sections Insertion of
shall be inserted, namely:— sections 7-B and
7-C
“7-B. Offences to be cognizable and non-bailable.— The
offences punishable under sections 4, 4-A, 4-B and 7-C of this Act
shall be cognizable and non-bailable.
7-C. Protection Order.—(1)The Executive Magistrate, may,
on an application made by the aggrieved person or otherwise, after
obtaining the report of the Investigation Officer concerned and after
giving the accused an opportunity of being heard and on being prima
facie satisfied that an offence punishable under section 4 of this Act or
an offence punishable under section 74, 75, 76, 77, 78, 79 or section
296 of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023),
has been committed, pass a Protection Order prohibiting the accused
from attempting to communicate with the aggrieved person in any
form, whatsoever, including personal or oral or written or electronic or
telephonic contact or through third parties.
(2) A breach of Protection Order by the accused shall be an
offence under this Act and shall be punishable with imprisonment of
either description for a term which may extend to three years and with
fine which may extend to one lakh rupees.”.18 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
STATEMENT OF OBJECTS AND REASONS
The Government of Tamil Nadu have created a safe environment for women in the State and it has led to
empowerment of women. About 41 percent of women working in factories across India are employed in this
State. Further, the State has a high female enrolment in both Schools and Colleges.
2. In order to prevent eve-teasing in public places, the Tamil Nadu Prohibition of Eve-teasing Act, 1998
(Tamil Nadu Act 44 of 1998) was enacted and later it was renamed as the Tamil Nadu Prohibition of Harassment
of Woman Act, 1998. More than two decades have passed since the enactment of the said Act. Nowadays,
harassment of woman through digital and electronic means is rampant. Hence, there is an urgent need to
amend the said Act in order to bring different types of harassments inflicted to women including those through
digital and electronic means also within the ambit of the said Act. There is also an urgent need to enhance the
punishments for harassment of woman so that such deplorable acts will be curtailed and the perpetrators will
face severe punishment for their crimes.
3. Therefore, to reinforce the security of the woman, it is proposed to enlarge the scope of the said
Principal Act and to prescribe stringent penalties against the offenders who harass woman. Accordingly, the
Government have decided to amend the said Tamil Nadu Act 44 of 1998 suitably for the aforesaid purpose.
4. The Bill seeks to give effect to the above decision.
M.K. STALIN,
Chief Minister.TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 19
MEMORANDUM REGARDING DELEGATED LEGISLATION.
Clauses 1 (2) and 7 of the Bill authorise the Government to issue notification and rules for the
purpose specified therein.
2. The powers delegated are normal and not of an exceptional character.
M.K. STALIN,
Chief Minister.
Secretariat,
Chennai-600 009, K. SRINIVASAN,
10th January 2025. Principal Secretary.20 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARYTAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 21
BILLS INTRODUCED IN THE LEGISLATIVE ASSEMBLY
OF THE STATE OF TAMIL NADU
Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following
Bill which was introduced in the Legislative Assembly of the Tamil Nadu on
10th January, 2025 is published together with Statement of Objects and Reasons
for general information:—
L.A Bill No. 4 of 2025
A BILL FURTHER TO AMEND THE TAMIL NADU PANCHAYATS
ACT, 1994.
Be it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Seventy-fifth Year of the Republic of India as
follows: —
1. (1) This Act may be called the Tamil Nadu Panchayats
Short title and
(Amendment) Act, 2025.
commencement.
(2) It shall be deemed to have come into force on the
6th day of January 2025.
2. For section 261-A of the Tamil Nadu Panchayats Act, 1994
Tamil Nadu Act 21 Substitution of
(hereinafter referred to as the principal Act), the following section
of 1994. section 261-A.
shall be substituted, namely: —
“261-A. Appointment of Special Officers.— Notwithstanding
anything contained in this Act, or in any other law for the time being
in force, the Government may, by notification, appoint Special
Officers to exercise the powers and discharge the functions of the
village panchayats, the panchayat union councils or the district
panchayats, as the case may be, until the day on which the first
meeting of the said village panchayats, panchayat union councils or
the district panchayats, as the case may be, is held after ordinary
elections to the panchayats other than the panchayats in the
districts of Kancheepuram, Chengalpattu, Villupuram, Kallakurichi,
Vellore, Ranipet, Tirupathur, Tirunelveli and Tenkasi, after the date
of commencement of the Tamil Nadu Panchayats (Amendment)
Act, 2025, or upto the 5th day of July 2025, whichever is earlier.”.
3. Notwithstanding anything contained in the principal Act,
Validation.
the Special Officers appointed by the Government to exercise the
powers and discharge the functions of the village panchayats,
panchayat union councils or the district panchayats other than
the panchayats in the districts of Kancheepuram, Chengalpattu,
Villupuram, Kallakurichi, Vellore, Ranipet, Tirupathur, Tirunelveli
and Tenkasi with effect on and from the 6th day of January 2025,
shall be deemed to have been appointed as such Special Officers
under section 261-A of the principal Act, as amended by this Act,
and anything done or any action taken by the said Special Officers
during the period commencing on and from the 6th day of January
2025 and ending with the date of publication of this Act in the
Tamil Nadu Government Gazette, shall be deemed to have been
validly done or taken under the principal Act, as amended by this
Act.22 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
STATEMENT OF OBJECTS AND REASONS.
Certain municipal councils have been constituted as municipal corporations by including certain adjoining
village panchayats under clause (c) of sub-section (1) of section 3 of the Tamil Nadu Urban Local Bodies
Act, 1998 (Tamil Nadu Act 9 of 1999), with effect on and from the 12th August 2024. Consequent on the said
inclusion of village panchayats in the municipal corporations, there is a decrease in the total number of village
panchayats in the respective panchayat union councils and district panchayats. Consequently, the process
of delimitation and reservation of wards of panchayats to Scheduled Castes / Scheduled Tribes / Women
have to be done afresh. The above process should precede ordinary elections to those panchayats. Apart
from this, proposals for expansion of many municipal corporations, municipal councils and town panchayats
by including certain adjoining village panchayats in 28 districts are also under active consideration of the
Government. Completion of the aforesaid reorganisation process, delimitation of wards and reservation of
wards of panchayats will require more time.
2. The Hon’ble High Court of Madras in its order dated 21.12.2024 in W.P.No.39526 of 2024 and
W.M.P.No.42808 of 2024 has disposed the said Writ Petition after recording the submission of the Additional
Advocate General that without completion of delimitation and the process required for announcing reservations,
the election for panchayats will not be notified.
3. In the meantime, the tenure of elected representatives of panchayats in 28 districts other than the
panchayats in the districts of Kancheepuram, Chengalpattu, Villupuram, Kallakurichi, Vellore, Ranipet,
Tirupathur, Tirunelveli and Tenkasi expired on the 5th January 2025. Ordinary election to the said panchayats
in 28 districts could not be conducted before the 5th January 2025 since the process of delimitation/reservation
of wards has not been completed.
4. The Government have, therefore, decided to amend the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu
Act 21 of 1994) so as to enable the Government to appoint Special Officers for the panchayats in the said 28
districts to administer the aforesaid panchayats till ordinary elections to the said panchayats are held or till the
5th July 2025, whichever is earlier. However, in the meantime, in order to administer the day to day affairs of
the panchayats in the said 28 districts from the 6th January 2025, the Government have appointed Special
Officers to those panchayats. The Government have, therefore, decided to validate the aforesaid appointment
of the said Special Officers and all actions taken by them.
5. The Bill seeks to give effect to the above decision.
I. PERIYASAMY,
Minister for Rural Development.TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 23
MEMORANDUM REGARDING DELEGATED LEGISLATION.
Clause 2 of the Bill authorises the Government to issue notification for the purpose specified therein.
2. The power delegated is normal and not of an exceptional character.
I. PERIYASAMY,
Minister for Rural Development.
Secretariat,
Chennai-600 009, K. SRINIVASAN,
10th January 2025. Principal Secretary.
PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI
ON BEHALF OF THE GOVERNMENT OF TAMIL NADU