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© [Regd. No. TN/CCN/467/2012-14.
GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009.
2025 [Price: Rs. 6.40 Paise.
TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 190] CHENNAI, SATURDAY, APRIL 26, 2025
Chithirai 13, Visuvaavasu, Thiruvalluvar Aandu-2056
Part IV—Section 1
Tamil Nadu Bills
CONTENTS
PPaaggeess..
BBIILLLLSS::
No. 11 of 2025— The Tamil Nadu Money Lending Entities (Prevention of Coercive Actions)
Act, 2025.. .. .. .. .. .. .. .. .. .. .. 58-68
No. 12 of 2025— The This Act may be called the Tamil Nadu Prevention of Dangerous
Activities of Bootleggers, Cyber law offenders, Drug offenders, Forest-
offenders, Goondas, Immoral Traffic Offenders, Sand-offenders,
Sexual-offenders, Slum-grabbers and Video Pirates (Amendment) Act,
2025. .. .. .. .. .. .. .. .. .. .. .. 69-72
IV-1 Ex. (190) [57]58 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 26th April 2025 is published together with
Statement of Objects and Resasons for general information:-
L.A Bill No. 11 of 2025
A Bill to protect and relieve the economically weaker and
vulnerable groups and individuals, especially farmers, women
and women’s self-help groups from the undue hardship of
coercive means of recovery of any loans by money lending
entities like Micro Finance Institutions, Money Lending Agencies
and Money Lending Organisations operating in the State of
Tamil Nadu and for matters connected therewith and incidental
thereto.
Be it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Seventy-sixth Year of the Republic of India as
follows:—
CHAPTER I.
PRELIMINARY.
Short title, 1. (1) This Act may be called the Tamil Nadu Money Lending
extent and Entities (Prevention of Coercive Actions) Act, 2025.
commencement.
(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.
Application. 2. This Act shall apply to all money lending entities
functioning in the State of Tamil Nadu except Banks,
Non-Banking Financial Companies registered with the Reserve Bank
of India, Co-operative Banks and Co-operative societies:
Provided that the provisions of this Act relating to
‘coercive action’ against the borrower shall apply to the
aforesaid Banks, Non-Banking Financial Companies registered with
the Reserve Bank of India, Co-operative Banks and Co-operative
societies.
Definitions. 3. In this Act, unless the context otherwise requires, —
(a) “borrower” means an individual or group of individuals
or a Self Help Group or Joint Liability Group, who avail money in the
form of loan for any purpose, from any money lending entity under
an agreement either orally or in writing with terms and conditions that
the money shall be repaid within a certain period of time;
(b) “coercive actions” mean actions specified in section 20;
(c) “co-operative society” means a society registered or (Tamil Nadu Act
deemed to be registered under the Tamil Nadu Co-operative Societies 30 of 1983);
Act, 1983;
(d) “Government” means the State Government;
(e) “loan” means money advanced to the borrower by the
money lending entity at interest explicitly charged or otherwise;
(f) “Micro Finance Institution” means an entity that provides
micro loans to the borrowers, whose main or incidental activity is to
lend money or offer financial support of whatsoever nature to the
borrowers;TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 59
(g) “micro loan” means a loan given to a household having
annual household income up to three lakh rupees or such limit as the
Government may fix from time to time, by notification.
Explanation.— For the purpose of this clause, a household
shall mean an individual family unit, i.e., husband, wife and their
unmarried son and daughter.
(h) “money lending entity” includes any micro finance
institution or money lending agency or money lending organisation
or partnership firm or person or group of persons or digital lending
platform or any other entity involved in money lending activities by
whatever name it may be called, whose main or incidental activity is
to lend money and recover it.
Explanation.— For the purpose of this clause,—
Tamil Nadu Act (i) the term “money lending activity” does not
XXIII of 1943. include the business of Pawnbrokers regulated under the
Tamil Nadu Pawnbrokers Act, 1943;
(ii) the term “group of persons” does not include
community-based organisations like Self Help Groups, Panchayat
Level Federations, Block Level Federations, District Level Federations
and Area Level Federations;
(i) “prescribed” means prescribed by rules made under
this Act;
(j) “Registering Authority” means an authority appointed
under section 4;
(k) “State” means the State of Tamil Nadu.
CHAPTER II.
REGISTRATION OF MONEY LENDING ENTITIES
AND REGULATION THEREFOR.
PART I
REGISTRATION OF MONEY LENDING ENTITY.
4. (1) The Government may, by notification, appoint such Appointment of
number of officers to be the Registering Authority of money lending Registering
entities and define the areas of jurisdiction of such authority. Authority.
(2) The Registering Authority shall exercise such powers
and perform such duties as may be prescribed.
5. (1) No money lending entity functioning in the State on the Money lending
date of commencement of this Act or intending to start the business entities to obtain
of money lending after the commencement of this Act, shall grant any Certificate of
loan or recover any loan without obtaining a Certificate of Registration Registration.
under this Act:
Provided that, every money lending entity functioning in the State
as on the date of the commencement of this Act, shall, within ninety
days from the date of commencement of this Act, obtain a Certificate
of Registration from the Registering Authority under this Act.60 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(2) Every application for registration of money lending entity
shall be submitted through the online portal as may be notified by
the Government, in such electronic form, along with such documents
and fees as may be prescribed.
(3) On receipt of such application, the Registering Authority
shall verify the details furnished by the money lending entity and
grant or refuse to grant a Certificate of Registration through online
portal referred to in sub-section (2) in such electronic form and within
such time as may be prescribed:
Provided that no such application shall be rejected
without giving opportunity of being heard to the applicant and for
reasons to be recorded.
(4) If no decision is made on the application within the time
limit prescribed under sub-section (3) by the Registering Authority
concerned, the Certificate of Registration shall be auto-generated
and granted online in such form as may be prescribed.
(5) The certificate granted under sub-section (3) or (4)
shall be valid for a period of three years from the date on which it is
granted, subject to fulfillment of such terms and conditions specified
therein:
Provided that if any money lending entity intends to carry on its
business in any other district or region other than the district or region
where it has registered, it shall furnish the details of such registration
in such electronic form as may be prescribed to the Registering
Authority of the district or region concerned where it intends to carry
on its business.
Renewal of 6. (1) Every Certificate of Registration shall be renewed for a
Certificate of period of three years, in such manner and on payment of such fees
Registration. and fulfillment of such conditions, as may be prescribed.
(2) Every application for renewal of the Certificate of
Registration granted under this Act shall be made not less than sixty
days before the date of expiry of the period of such certificate:
Provided that the Registering Authority may entertain the
application for renewal after the expiry of the aforesaid period but
before the expiry of the period of the certificate, if it is satisfied that
the applicant was prevented by sufficient cause from applying for
renewal in time.
(3) On receipt of the application under sub-section (2),
the Registering Authority shall verify the details furnished by the
money lending entity and renew or refuse to renew the Certificate of
Registration in such electronic form as may be prescribed, before the
date of expiry of registration:
Provided that no such application shall be rejected without
giving opportunity of being heard to the applicant and for reasons to
be recorded.
(4) If no decision is made on the application within the time
limit prescribed under sub-section (3) by the Registering Authority
concerned, the renewal of Certificate of Registration shall be auto-
generated and granted online in such form as may be prescribed.TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 61
7. Every money lending entity shall have a registered office in Registered office.
this State.
8. (1) Every Registering Authority, while granting a Certificate Maintenance of
of Registration or renewal thereof, shall maintain a register of registers by
registered money lending entities in such electronic form and in such the Registering
manner as may be prescribed. Authority.
(2) On receipt of intimation from the money lending entity
as required under the proviso to sub-section (5) of section 5, the
Registering Authority shall make necessary entries in a separate
Register to be maintained to register the money lending entities
operating in the areas under its jurisdiction but registered in any other
district or region, in such electronic form and in such manner as may
be prescribed.
(3) The registers maintained under sub-sections (1) and (2)
shall be uploaded by the Registering Authority in the online portal
referred to in sub-section (2) of section 5 and shall be periodically
updated in such manner as may be prescribed. The details of list
of registered money lending entities and the list of money lending
entities operating in the areas within the jurisdiction of the Registering
Authority concerned should be made accessible to the general public.
PART II
REGULATIONS FOR MONEY LENDING ENTITY.
9. (1) The effective rate of interest charged by the money Transparency in
lending entity shall be prominently displayed in all its offices, its the business of
website, and in the prospectus or brochure or advertisement notices, money lending
as the case may be. entity.
(2) There shall be only four components in the pricing of
the loan, namely, the rate of interest, the processing charge, the
insurance premium and delayed penal payment.
(3) Every loan application form shall include necessary
information which may affect the interest of the borrower, so that
a meaningful comparison with the terms and conditions offered by
other money lending entities can be made and a proper decision can
be taken by the borrower. Such application form shall indicate the
documents required to be submitted with the application form.
(4) Every money lending entity shall deliver or cause
to be delivered, to the borrower within one day before the date on
which a loan is lent, a statement in the specified form showing in
clear and distinct terms, the principal amount, date of the loan and
of its maturity, the name and address of the money lending entity,
borrower, the effective rate of interest charged, the processing
charge, the insurance premium and delayed penal payment.
(5) There shall be a standard loan agreement.
(6) Money lending entity shall provide the borrower a loan
card containing the following particulars,—
(i) the effective rate of interest charged, the processing
charge, the insurance premium and delayed penal payment;
(ii) all the other terms and conditions attached to the
loan;
(iii) information which adequately identifies the
borrower; and62 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(iv) acknowledgements by the money lending entity of
all repayments including instalments received and the final discharge.
(7) No money lending entity shall receive any repayment of
loan from a borrower without giving him a duly signed receipt for the
repayment.
(8) Every money lending entity shall, on a demand in
writing by the borrower, supply a copy of any document relating to
a loan obtained by him, or if the borrower so requires, to any person
specified in that behalf in the demand.
(9) All communications with the borrower including the
entries in the loan card shall also be in Tamil.
Lending Norms. 10. The Government may, by notification, specify the lending
norms, collection and recovery practices.
Explanation.— For the purpose of this section, lending norms
does not include rate of interest.
Money lending 11. The extent of loan up to which the Money lending entity shall
entity not to not seek security from a borrower is such as may be prescribed.
seek security.
Explanation.— For the purpose of this section, “security” means
any form of collateral.
Books of 12. Every money lending entity shall keep and maintain a cash
Accounts to book, a ledger and such other books of account in such form and
be maintained such manner as may be prescribed.
by the money
lending entity.
Submission of 13. Every money lending entity shall upload an annual statement
accounts, for each financial year in such form and within such time as may be
returns, etc. prescribed, in the portal referred to in sub-section (2) of section 5.
PART III
POWERS OF REGISTERING AUTHORITY.
Power to cancel 14. (1) The Registering Authority may, at any time, either suo
or suspend motu or upon receipt of complaint from a borrower or any other person,
Registration. is of the opinion that the money lending entity has contravened any
of the provisions of this Act or the rules made thereunder, shall issue
a notice to the money lending entity to show cause as to why the
registration of the said entity shall not be cancelled.
(2) The Registering Authority on consideration of reply, if
any received therefor, and on satisfaction that the money lending
entity has violated the said provisions, may cancel the registration of
that money lending entity, after recording the reasons in writing for
such cancellation.
(3) Pending enquiry under sub-section (1), the Registering
Authority may, for sufficient reasons to be recorded, suspend the
registration of that money lending entity.
(4) The money lending entity whose Certificate of
Registration has been suspended or cancelled, shall not lend money.TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 63
(Central Act 46 of 15. (1) The Registering Authority or any officer authorised by Power to require
2023) it in writing in this behalf, without prejudice to the powers of Police production
authorities under Chapter VII and section 185 of the Bharatiya Nagarik of records or
Suraksha Sanhita, 2023, may, for verifying whether the business of documents and
the money lending entity is being carried on in accordance with the
power of entry,
provisions of this Act, enter the premises of any money lending entity
inspection and
or of any person who in his opinion, is carrying on the business of
seizure.
money lending and call upon to produce any record or document
relating to such business. Every such money lending entity or such
person shall allow such inspection and produce such records or
documents during such inspection, and as and when required.
(2) The Registering Authority or any officer authorised by
it, may, for the purposes of sub-section (1), search the premises and
seize any records, documents as may be necessary. The records or
documents so seized shall be retained only for such period as may
be necessary for the purposes of examination, prosecution or other
legal action.
(3) The Registering Authority or any officer authorised by it,
shall also have power to summon and examine any money lending
entity or any person connected with that entity, who in his opinion is
in a position to furnish relevant information.
PART IV
DISPUTE RESOLUTION.
. 16. (1) Any borrower may file a complaint regarding violation Complaints.
of any provisions of this Act by a money lending entity either to the
Registering Authority which registered the money lending entity or to
the Registering Authority under whose jurisdiction the money lending
entity operates, or to the jurisdictional police station.
(2) The Registering Authority shall inquire such complaint
by following the procedures specified in section 14 and pass such
order, as it may deem fit.
(3) If, after an inquiry, the Registering Authority finds that
there is a prima facie case involving criminal offence against the
money lending entity, the Registering Authority shall forward the
complaint to the jurisdictional police station.
(4) No police officer shall refuse to receive such complaint.
17. (1) For the protection of borrowers and for the settlement Appointment of
of disputes of civil nature between the borrower and the money Ombudsperson.
lending entity, in respect of loans granted by a money lending
entity, the Government may, by notification, appoint one or more
Ombudsperson as they deem fit. He can act as mediator between
the borrower and lender for settling the disputes.
(2) The powers and functions of ombudsperson shall be
such as may be prescribed:
Provided that nothing contained in this section shall bar
the jurisdiction of civil courts to hear and try the disputes.64 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
CHAPTER III.
OFFENCES AND PENALTIES.
Punishment 18. Any person who is connected with and responsible for
for carrying the day-to-day control, business and management of a money
on business lending entity which carries on the business of providing loans
without without obtaining Certificate of Registration under section 5 shall be
registration. punishable with imprisonment for a term which may extend to three
years and with fine which may extend to rupees one lakh.
Penalty for 19. The money lending entity which fails to upload the annual
contravention of statement within the time stipulated under section 13, shall be
section 13. punishable with fine which shall not be less than ten thousand
rupees, but which may extend to one lakh rupees.
Prevention 20. (1) No borrower or any of his family members shall be
of coercive subjected to coercive action by a money lending entity or its agents
actions. while recovering loan from the borrower.
(2) The following circumstances, if it occurs, or is present
in relation to or connected with the recovery of loan from a borrower
by a money lending entity or its agents may amount to coercive
action: —
(a) obstructing or using violence to or insulting or
intimidating the borrower or any of his family members; or
(b) persistently following the borrower or any of his
family members from place to place, or interfering with any property
owned or used by them, or depriving them of or hindering them in the
use of, any such property; or
(c) frequenting the house or other place where the
borrower resides or works, or carries on business, or happens to be,
with an intention of taking coercive action; or
(d) using the service of private or outsourced or
external agencies, to negotiate or urging the borrower to make
payment using coercive and undue influence; or
(e) seeking to take forcibly any document of the
borrower which entitles him to a benefit under any Government
programme, any other vital documents, articles or household
belongings.
Punishment for 21. Whoever, in contravention of section 20 of this Act, use any
contravention of coercive action for recovery of money against a borrower or any of
section 20. his family members, shall be punished, —
(i) where such contravention relates to clause (a) or (b)
or (c) of sub-section (2) of section 20, with imprisonment for a term
which may extend to three years or with fine which may extend to five
lakh rupees, or with both; and
(ii) where such contravention relates to clause (d) or (e)
of sub-section (2) of section 20, with imprisonment for a term which
may extend to five years or with fine which may extend to five lakh
rupees, or with both.TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 65
(Central Act 45 of 22. Where a borrower or any of his family members commits Abetment of
2023) suicide and if it is proved that immediately prior to such suicide, the suicide.
borrower or any of his family member was subjected to coercive
action by the money lending entity which has advanced the loan or
its agents, such money lending entity and its agents shall be deemed
to have abetted such suicide and so deemed to have committed an
offence under section 108 of the Bharatiya Nyaya Sanhita, 2023.
Explanation.─ For the purposes of sections 20, 21 and 22,
the term “family members” mean parents, spouse, and children of the
borrower.
23. Whoever contravenes any of the provisions of this Act or any Punishment for
rules made thereunder for which no penalty is separately provided contravention of
for in this Act, shall be punishable with fine which may extend to ten other provisions
thousand rupees. of the Act.
24. The offences punishable under this Act except sections 19 Cognizable and
and 23, shall be cognizable and non-bailable in nature. non-bailable
offence.
25. Whenever a money lending entity is convicted under the Suspension or
provisions of this Act, the Registering Authority which registered cancellation of
the money lending entity or the Registering Authority under whose Registration
jurisdiction the money lending entity operates, is empowered to on imposition
suspend or cancel or recommend to cancel the registration of such of punishment
money lending entity under the provisions of this Act. under this Act.
26. (1) Where an offence under this Act has been committed Offences by
by a company, every person who at the time the offence was companies.
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 provided in this Act if he
proves that the offence was committed without his knowledge or that
he 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 also be deemed to
be guilty of that offence and shall be liable to be proceeded against
and punished accordingly.
Explanation.— For the purposes of this section—
(a) “company” means a body corporate, and includes a
firm or other association of individuals; and
(b) “director” in relation to a firm means a partner in the
firm.66 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
CHAPTER IV.
MISCELLANEOUS.
Every officer to be 27. Every officer or person acting under the provisions of this (Central Act 45 of
public servant. Act shall be deemed to be a public servant within the meaning of 2023)
clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023
Operation of 28. The provisions of this Act shall be in addition to and not in
other laws not derogation of, any other law for the time being in force.
affected.
Power to give 29.The Government may, from time to time, give such directions
directions. not inconsistent with the provisions of the Act or the rules made
thereunder to the money lending entities, Registering Authority,
Ombudsperson, or any other persons employed in connection with
the implementation of this Act, as they may deem fit for giving effect
to the provisions of this Act.
Power to make 30. (1) The Government may make rules to carry out the
rules. provisions of this Act.
(2) (a) All rules made under this Act shall be published in the
Tamil Nadu Government Gazette and unless they are expressed to
come into force on a particular day, shall come into force on the day
on which they are so published.
(b) All notifications issued under this Act shall, unless
they are expressed to come into force on a particular day, come into
force on the day on which they are so published.
(3) Every rule made or notification or order issued under
section 31 of this Act shall, as soon as possible, after it is made
or issued, be placed on the table of the Legislative Assembly, and
if, before the expiry of the session in which it is so placed or the
next session, the Assembly makes any modification in any such
rule or notification or order, or the Assembly decides that the rule
or notification or order should not be made or issued, the rule or
notification or order shall thereafter have effect only in such modified
form or be of no effect, as the case may be, so, however, that any
such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule or notification or
order.
Power to remove 31. If any difficulty arises in giving effect to the provisions of this
difficulties. Act, the Government may, by an order published in the Tamil Nadu
Government Gazette, make such provisions not inconsistent with the
provisions of this Act which appear to it to be necessary or expedient
for the purposes of removing the difficulty:
Provided that no such order shall be made under this
section after the expiry of the period of two years from the date of
commencement of this Act.TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 67
STATEMENT OF OBJECTS AND REASONS.
Tamil Nadu is a pioneer State in protecting people from usurious interest on loans, by regulating the
business of money-lenders and pawnbrokers. The State has enacted the Tamil Nadu Pawn Brokers Act, 1943
(Tamil Nadu Act XXIII of 1943), the Tamil Nadu Money-Lenders Act, 1957 (Tamil Nadu Act XXVI of 1957) and
the Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003 (Tamil Nadu Act 38 of 2003). However,
recently economically weaker and vulnerable sections of the society especially farmers, women, self-help
groups, agricultural labourers, workmen, footpath vendors, dairy workers, construction workers, migrant
workers often fall prey to the attractive loans offered by the money lending entities including digital lending
platforms which led people to incur unsustainable debt. Further, the money lending entities are resorting
to unethical ways of recovering the debt from the borrowers who are already in financial distress, which
sometimes instigates the suffering borrowers to commit suicide, thereby ruining many families, which disturbs
social order.
2. Therefore, it is considered necessary to provide a statutory framework to protect the economically
weaker and vulnerable groups from the undue hardships of coercive means of recovery by the money lending
entities engaged in the business of providing loan to an individual or group of individuals or Self Help Groups
or Joint Liability Groups. Accordingly, the Government have decided to enact a legislation to protect the people
from the coercive actions of the money lending entities.
3. The Bill seeks to give effect to the above decision.
UDHAYANIDHI STALIN,
Deputy Chief Minister.68 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clauses 1(3), 4, 5, 6, 8, 10, 11, 12, 13, 17, 29 and 30 of the Bill authorize the Government to issue
notification or orders, or to make rules, as the case may be, for the purposes specified therein.
2. The powers delegated are normal and not of an exceptional character.
UDHAYANIDHI STALIN,
Deputy Chief Minister.
Secretariat,
Chennai, K. SRINIVASAN,
26th April 2025. Principal Secretary.TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 69
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 26th April 2025 is published together with Statement of
Objects and Resasons for general information:-
L.A Bill No. 12 of 2025
A Bill further to amend the Tamil Nadu Prevention of
Dangerous Activities of Bootleggers, Cyber law offenders,
Drug offenders, Forest-offenders, Goondas, Immoral Traffic
Offenders, Sand-offenders, Sexual-offenders, Slum-grabbers
and Video Pirates Act, 1982.
Be it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Seventy-sixth Year of the Republic of India as
follows:—
1. (1) This Act may be called the Tamil Nadu Prevention of Short title and
Dangerous Activities of Bootleggers, Cyber law offenders, Drug commencement.
offenders, Forest-offenders, Goondas, Immoral Traffic Offenders,
Sand-offenders, Sexual-offenders, Slum-grabbers and Video Pirates
(Amendment) Act, 2025.
(2) It shall come into force on such date as the State
Government may, by notification, appoint.
Tamil Nadu Act 14 of 2. In the long title to the Tamil Nadu Prevention of Dangerous Amendment of long
1982. Activities of Bootleggers, Cyber law offenders, Drug offenders, title.
Forest-offenders, Goondas, Immoral Traffic Offenders, Sand-
offenders, Sexual-offenders, Slum-grabbers and Video Pirates Act,
1982 (hereinafter referred to as the principal Act), for the expression
"bootleggers, cyber law offenders, drug offenders", the expression
"bio-medical waste offenders, bootleggers, cyber law offenders, drug
offenders, economic offenders” shall be substituted.
3. In the preamble to the principal Act,— Amendment of
preamble.
(1) in the first paragraph, for the expression "bootleggers,
cyber law offenders, drug offenders", the expression "bio-medical
waste offenders, bootleggers, cyber law offenders, drug offenders,
economic offenders” shall be substituted;
(2) in the second paragraph, for the expression "bootleggers,
cyber law offenders, drug offenders", the expression "bio-medical
waste offenders, bootleggers, cyber law offenders, drug offenders,
economic-offenders” shall be substituted.
4. In section 1 of the principal Act, for sub-section (1), the Amendment of
following sub-section shall be substituted, namely:— section 1.
"(1) This Act may be called the Tamil Nadu Preventive
Detention Act, 1982.".
5. In section 2 of the principal Act, — Amendment of
section 2.
(1) in clause (a),—
(a) sub-clauses (i) and (i-A) shall be re-numbered
as sub-clauses (i-A) and (i-B), respectively, and before sub-clause
(i-A) as so re-numbered, the following sub-clause shall be inserted,
namely: —70 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
“(i) in the case of a bio-medical waste offender,
when he is engaged, or is making preparations for engaging in any of
his activities as a bio-medical waste offender, which affect adversely,
or are likely to affect adversely, the maintenance of public order;”;
(b) sub-clause (ii-A) shall be re-numbered as sub-clause
(ii-B) and before sub-clause (ii-B) as so re-numbered, the following
sub-clause shall be inserted, namely: —
“(ii-A) in the case of an economic offender, when
he is engaged, or is making preparations for engaging in any of his
activities as an economic offender, which affect adversely, or are
likely to affect adversely, the maintenance of public order;”;
(2) after clause (a), the following clause shall be inserted,
namely: —
“(aa) “bio-medical waste offender” means a person,
who disposes of or attempts to dispose of any bio-medical waste in
contravention of the Bio-Medical Waste Management Rules, 2016,
which is punishable under the Environment Protection Act,1986
(Central Act 29 of 1986);”;
(3) clause (ee) shall be re-lettered as clause (eee) and
before clause (eee) as so re-lettered, the following clause shall be
inserted, namely: —
“(ee) “economic offender” means a person, who
commits or attempts to commit or abets the commission of any
offence punishable under the Chit Funds Act, 1982 (Central Act 40
of 1982) or the Tamil Nadu Protection of Interests of Depositors (in
Financial Establishments) Act, 1997 (Tamil Nadu Act 44 of 1997) or
the Banning of Unregulated Deposit Schemes Act, 2019 (Central Act
21 of 2019);”;
(4) in clause (f), for the expression “punishable under section
153 or section 153-A under Chapter VIII or under Chapter XVI other
than sections 354, 376, 376-A, 376-B, 376-C, 376-D and 377 or
Chapter XVII or Chapter XXII of the Indian Penal Code (Central Act
XLV of 1860)”, the expression “punishable under sections 80, 87
to 97 under Chapter V or Chapter VI except section 113 or section
192 or section 196 under Chapter XI or under Chapter XVII or under
Chapter XIX except sections 356 and 357 of the Bharatiya Nyaya
Sanhita, 2023 (Central Act 45 of 2023)” shall be substituted;
(5) for clause (g), the following clause shall be substituted,
namely: —
“(g) “immoral traffic offender” means a person who
commits or abets the commission of any offence punishable under
sections 98 and 99 of the Bharatiya Nyaya Sanhita, 2023 (Central
Act 45 of 2023) or punishable under the Immoral Traffic (Prevention)
Act, 1956 (Central Act 104 of 1956);”;
(6) in clause (ggg), for the expression “punishable under
sections 354, 376, 376-A, 376-B, 376-C, 376-D or 377 of the Indian
Penal Code (Central Act XLV of 1860)”, the expression “punishable
under sections 64 to 71 or sections 74 to 79 under Chapter V of the
Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023)” shall be
substituted.TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 71
6. In section 3 of the principal Act, in sub-section (1), for the Amendment of
expression “bootlegger, or cyber law offender or drug offender”, the section 3.
expression "bio-medical waste offender or bootlegger or cyber law
offender or drug offender or economic offender” shall be substituted.
7. In section 4 of the principal Act, for the expression “the Code Amendment of
of Criminal Procedure, 1973 (Central Act 2 of 1974)", the expression section 4.
“the Bharatiya Nagarik Suraksha Sanhita, 2023 (Central Act 46 of
2023)” shall be substituted.
8. In section 7 of the principal Act,— Amendment of
section 7.
(1) for sub-section (1), the following sub-section shall be
substituted, namely:—
"(1) If the State Government have, or an officer
mentioned in sub-section (2) of section 3 has, reason to believe
that a person in respect of whom, a detention order has been made
has absconded, or is concealing himself so that the order cannot be
executed, then the provisions of sections 84 to 89 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (Central Act 46 of 2023) shall
apply in respect of such person and his property, subject to the
modifications mentioned in this sub-section and, irrespective of the
place where such person ordinarily resides, the detention order made
against him shall be deemed to be a warrant issued by a competent
Court. Where the detention order is made by the State Government,
an officer, not below the rank of District Magistrate or Commissioner
of Police authorised by the State Government in this behalf,
or where the detention order is made by an officer mentioned in
sub-section (2) of section 3, such officer, as the case may be, shall
irrespective of his ordinary jurisdiction, be deemed to be empowered
to exercise all the powers of the competent Court under sections
84, 85, 86, 87 and 88 of the said Sanhita for issuing a proclamation
for such person and for identification, attachment and sale of his
property situated in any part of the State and for taking any other
action under the said sections. An appeal from any order made by
any such officer rejecting an application for restoration of attached
property shall lie to the Court of Session, having jurisdiction
in the place where the said person ordinarily resides, as provided
in section 89 of the said Sanhita.”;
(2) in sub-section (2), in clause (c), for the expression “said
Code”, the expression “said Sanhita” shall be substituted.
9. In section 17 of the principal Act,— Amendment of
section 17.
(1) In the marginal heading, for the expression “bootlegger,
cyber law offender, drug offender”, the expression “bio-medical waste
offender, bootlegger, cyber law offender, drug offender, economic
offender" shall be substituted;
(2) for the expression ”bootlegger, cyber law offender, drug
offender”, the expression “bio-medical waste offender, bootlegger,
cyber law offender, drug offender, economic offender" shall be
substituted.72 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
STATEMENT OF OBJECTS AND REASONS
The Hon'ble Chief Minister while moving the demand for police department on the floor of the Legislative
Assembly for the year 2024-2025, has announced that in order to control the activities of persons indulging
in economic offences, they will be detained under the Tamil Nadu Prevention of Dangerous Activities of
Bootleggers, Cyber Law Offenders, Drug-offenders, Forest-Offenders, Goondas, Immoral Traffic Offenders,
Sand-offenders, Sexual-offenders, Slum-Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982)
and the said Act will be amended suitably.
2. Further, the improper disposal of Bio-Medical Waste poses grave risks to public health and environment.
There are frequent complaints about the dumping of such wastes in our State from the neighboring States.
The Hon'ble Madurai Bench of Madras High Court in its Order dated 15.11.2023 in Crl.R.C (MD) No.957
of 2023 and Crl.M.P (MD) No.12436 of 2023, has observed that it is right time to book the violators of the
Bio-Medical Waste Management Rules, 2016 under the said Tamil Nadu Act 14 of 1982, by bringing suitable
amendment thereto.
3. Besides that, the Indian Penal Code, 1860 (Central Act XLV of 1860) and the Code of Criminal
Procedure, 1973 (Central Act 2 of 1974) were repealed and re-enacted as the Bharatiya Nyaya Sanhita,
2023 (Central Act 45 of 2023) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (Central Act 46 of 2023),
respectively. Hence, certain consequential amendments are required to be made in the said Tamil Nadu Act 14
of 1982.
4. Accordingly, the Government have decided to amend the Tamil Nadu Act 14 of 1982 suitably for the
said purposes.
5. The Bill seeks to give effect to the above decision.
V SENTHILBALAJI,
Minister for Electricity,
Prohibition and Excise.
Secretariat,
Chennai, K. SRINIVASAN,
26th April 2025. Principal Secretary.
PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI
ON BEHALF OF THE GOVERNMENT OF TAMIL NADU