© [Regd. No. TN/CCN/467/2012-14.
GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009.
2018 [Price: Rs. 4.80 Paise.
TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY PUBLISHED BY AUTHORITY
No. 227] CHENNAI, WEDNESDAY, JUNE 27, 2018
Aani 13, Vilambi, Thiruvalluvar Aandu-2049
Part IV—Section 1
Tamil Nadu Bills
CONTENTS
Pages.
L.A. Bills:
No. 25 of 2018 The Chennai City Municipal Corporation (Amendment) Act, 2018. 118-120
No. 26 of 2018 The Tamil Nadu Agricultural Produce Marketing (Regulation)
Amendment Act, 2018 .. .. .. 121-122
No. 27 of 2018 The Tamil Nadu Shops and Establishments (Amendment) Act, 2018 .. .. 123-127
[117]
227-Ex-IV-1
118 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
BILLS INTRODUCED IN THE LEGISLATIVE ASSEMBLY OF THE
STATE OF TAMIL NADU
Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill
which was introduced in the Legislative Assembly of the State of Tamil Nadu on
27th June, 2018 is published together with Statement of Objects and Reasons for
general information:—
L.A. Bill No. 25 of 2018
A Bill further to amend the Chennai City Municipal Corporation Act, 1919.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-ninth
Year of the Republic of India as follows:—
Short title and 1. (1) This Act may be called the Chennai City Municipal Corporation (Amendment)
commence
Act, 2018.
ment.
(2) It shall come into force on such date, as the State Government may, by
notification, appoint.
Amendment of Tamil Nadu
Schedule-IV. Act IV of 1919.
2. In Schedule-IV to the Chennai City Municipal Corporation Act, 1919 (hereinafter
referred to as the principal Act), in Part VI, after rule 29-C, the following rules shall be added,
namely:—
“29-D. If any amount remains unpaid after the due date for its payment, the assessee
shall pay, in addition to the amount due, interest at such rate not exceeding two per cent
simple interest, as may be prescribed.
29-E. Where arrears amount are due to the corporation consequent on the orders
delivered by the Taxation Appeal Tribunal in the appeal preferred by the assessee, the
assessee shall pay the said amount with two per cent simple interest from the due date of
payment of the said amount, within fifteen days from the date of delivery of the order.
29-F. Five per cent of the net property tax payable by an assessee, subject to a
maximum of five thousand rupees shall be granted as an incentive, who has paid the property
Amendment of tax within fifteen days from the date of commencement of the half-year.”.
Schedule-V.
3. In Schedule-V to the principal Act, in Part II, in rule 14, after clause (h) and before the
proviso, the following clause shall be inserted, namely:—
“(i) incentive payable to the assessee under rule 29-F of Schedule-IV.”.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 119
STATEMENT OF OBJECTS AND REASONS
At present, there is no provision in the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), to grant
incentives to the assessee who has paid the property tax within the period specified for its payments and for levying interest on
the assessee who has not paid the said tax on the due date. The Fourth State Finance Commission has made recommendations
to the Government to examine the need to give incentives to the prompt payers of property tax and to levy interest for delayed
payment of the said tax, the Government, after careful examination of the recommendations, have decided to accept the said
recommendations. Accordingly, the Government have decided to amend the said Tamil Nadu Act IV of 1919 suitably for the said
purpose.
2. The Bill seeks to give effect to the above decision.
S.P. VELUMANI,
Minister for Municipal Administration and
Rural Development, Implementation of Special Programme.
K. SRINIVASAN,
Secretary.
120 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 121
Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill
which was introduced in the Legislative Assembly of the State of Tamil Nadu on
27th June, 2018 is published together with Statement of Objects and Reasons for
general information:—
L.A. Bill No. 26 of 2018
A Bill further to amend the Tamil Nadu Agricultural Produce Marketing
(Regulation) Act,1987.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the
Sixty-ninth Year of the Republic of India as follows:-
1. (1) This Act may be called the Tamil Nadu Agricultural Produce Marketing Short title and
(Regulation) Amendment Act, 2018. commence
ment.
(2) It shall be deemed to have come into force on the 31st day of
May 2018.
Tamil Nadu Act 2. In section 33 of the Tamil Nadu Agricultural Produce Marketing (Regulation) Amendment of
27 of 1989 Act, 1987 (hereinafter referred to as the principal Act), in the proviso to sub-section (1), Section 33.
for the expression “seven years”, the expression “seven years and six months” shall be
substituted.
3. Notwithstanding anything contained in the principal Act, every person Validation.
exercising the powers and discharging the functions of a Special Officer of the market
committees, with effect on and from the 31st day of May 2018, shall be deemed to
have been appointed as such Special Officer of the said market committees under
sub-section (1) of section 33 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 the 31st day of May 2018 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.
122 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
STATEMENT OF OBJECTS AND REASONS.
Sub-section (1) of section 33 of the Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987 (Tamil Nadu Act
27 of 1989) empowers the Government to appoint a Special Officer to manage the affairs of the market committee pending
constitution of a new market committee for a period not exceeding three years in the aggregate. By virtue of the said provision,
Special Officers were appointed to 23 market committees to manage the affairs of the said market committees and their term
was lastly extended by virtue of Tamil Nadu Act 25 of 2017 up to seven years. As the tenure of the Special Officers was due
to expire on 30-05-2018 and as it will take some more time to nominate members to the Market Committees, it is necessary to
extend the tenure of the said Special Officers for a further period of six months beyond 30-05-2018 or till the reconstitution of
the market committees, whichever is earlier. The Government have therefore, decided to amend the said Tamil Nadu Act 27 of
1989 for the aforesaid purpose.
2. The Bill seeks to give effect to the above decision.
R. DORAIKANNU,
Minister for Agriculture.
K. SRINIVASAN,
Secretary.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 123
Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill
which was introduced in the Legislative Assembly of the State of Tamil Nadu on
27th June, 2018 is published together with Statement of Objects and Reasons for
general information:—
L.A. Bill No. 27 of 2018
A Bill further to amend the Tamil Nadu Shops and Establishments Act, 1947.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the
Sixty-ninth Year of the Republic of India as follows:—
1. (1) This Act may be called the Tamil Nadu Shops and Establishments Short title and
(Amendment) Act, 2018. commencement.
(2) It shall come into force on such date as the State Government may, by
notification, appoint.
Tamil Nadu Act 2. In section 2 of the Tamil Nadu Shops and Establishments Act, 1947 Amendment of
XXXVI of 1947. (hereinafter referred to as the principal Act), after clause (17), the following clause Section 2.
shall be inserted, namely:—
“(17-a) “time” means the Indian Standard Time which is five and a half hours
ahead of Greenwich Mean Time;”.
3. For section 3 of the principal Act, the following sections shall be substituted, Substitution of
namely:— section 3.
“3. Registration of shops and establishments.— (1) On and from the date
of commencement of the Tamil Nadu Shops and Establishments (Amendment) Act,
2018, employer of every establishment employing ten or more workers shall, within
a period of six months from the date of commencement of his business, apply for
registration and obtain a registration certificate.
(2) Every application for registration under sub-section (1) shall be in
such form and in such manner as may be prescribed.
(3) The inspector on receipt of an application under sub-section (2),
register the establishment and issue a registration certificate to the employer in
such form as may be prescribed.
(4) The inspector shall maintain the Register of establishments and, the
registration certificate issued by the inspector shall be prominently displayed in the
establishment by the employer.
(5) (a) The registration certificate shall be valid for a period of five
years and shall be renewable once in five years on payment of such fees as may
be prescribed and the provisions of sub-sections (2) and (3) shall apply for the
renewal of registration certificate;
(b) Every employer shall apply for renewal of his registration
certificate before thirty days from the date of expiry of the period of validity of the
registration certificate.
(6) If registration or renewal of a registration certificate is not issued within
a period of thirty days from the date of receipt of application by the inspector, the
registration certificate shall be deemed to have been granted or renewed, as the
case may be, under this Act.
124 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(7) The employer shall give intimation to the inspector, of any change in any
of the particulars furnished in the application form submitted under sub-section
(2), within a period of thirty days of such change. The inspector shall on receipt of
such intimation shall amend the registration certificate or issue a fresh registration
certificate.
(8) The employer shall, within a period of thirty days of the closure of the
establishment, give intimation of such closure to the inspector and on receipt of
such intimation, he shall cancel the registration certificate:
Provided that where the inspector is satisfied otherwise than on receipt of such
intimation, that the establishment has been closed, he shall cancel such registration
certificate.
(9) Notwithstanding anything contained in sub-section (1) employer of every
existing establishment employing ten or more workers on the date of commencement
of the Tamil Nadu Shops and Establishments (Amendment) Act, 2018 shall intimate
the details of the establishment along with a self declaration in such form as may
be prescribed to the inspector, within a period of six months from the date of
commencement of the Tamil Nadu Shops and Establishments (Amendment) Act,
2018. The inspector shall after recording the intimation furnished by the employer
in the register, issue a registration certificate.
3-A. Intimation of shops and establishments employing less than ten
workers.— (1) Employer of every establishment employing less than ten workers
shall, within a period of six months from the date of commencement of the
Tamil Nadu Shops and Establishments (Amendment) Act, 2018 or within a period of
six months from the date of commencement of his business, give intimation of his
business in such form and in such manner as may be prescribed, to the inspector.
The inspector shall record the particulars furnished by the employer in such register
as may be prescribed:
Provided that, if at any point of time, the numbers of workers engaged in
the establishment become ten or more, then all the provisions of this Act shall
apply to such establishment and the employer of such establishment shall apply for
registration and obtain a registration certificate as per the provisions of section 3.
(2) The employer of an establishment employing less than ten workers
shall, within a period of thirty days of the closure of the establishment give intimation
of such closure to the inspector. The inspector, on receiving the information shall
remove the entry of such establishment from the register maintained by him.”.
Amendment of 4. In section 9 of the principal Act, in the proviso to sub-section (1), for the
section 9. expressions “ten hours” and “fifty-four hours”, the expressions “ten and a half hours”
and “fifty-seven hours” shall, respectively, be substituted.
Amendment of 5. In section 14 of the principal Act, in the proviso to sub-section (1), for the
section 14. expressions “ten hours” and “fifty-four hours”, the expressions “ten and a half hours”
and “fifty-seven hours” shall, respectively, be substituted.
Amendment of 6. In section 45 of the principal Act, for the expression “sections 7 to 11, 13 to
section 45. 23, 25, 26, 29 to 41 and 47”, the expression “sections 3, 3-A, 7 to 11, 13 to 23, 25,
26, 29 to 41 and 47” shall be substituted.
Insertion of new 7. After section 47 of the principal Act, the following section shall be inserted,
section 47-A. namely:—
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 125
“47-A. Annual Return.— Every employer of an establishment shall
furnish an annual return, in such form and manner to such authority as may be
prescribed.”.
8. In section 49 of the principal Act, in sub-section (2), for the expression Amendment of
“which may extend to fifty rupees”, the expression “which may extend to two section 49.
thousand rupees” shall be substituted.
9. After section 50 of the principal Act, the following section shall be inserted, Insertion of new
namely:— section 50-A.
“50-A. Prohibition of discrimination against women employee.— No
woman employee shall be discriminated in matters of recruitment, training,
transfers, promotions or wages.”.
126 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
STATEMENT OF OBJECT AND REASONS
The Tamil Nadu Shops and Establishments Act, 1947 (Tamil Nadu Act XXXVI of 1947) provides for working hours regulation,
weekly rest, opening and closing hours of shops etc. But there is no provision for the registration of shops and establishments
under the Tamil Nadu Act XXXVI of 1947.
2. The Government of India has suggested Model Shops and Establishment (Regulation of Employment and Conditions of
Service) Bill, 2016, a suggestive piece of legislation that provides for freedom to operate 365 days in a year; freedom to prescribe
opening and closing time of establishment; women can be permitted during night shift if the provision of shelter, rest room,
adequate protection of their dignity and transportation etc., exists; no discrimination against women in the matter of recruitment,
training, transfer or promotions; online Registration through a simplified procedure; Safety and Welfare measures etc., and has
requested the State Government to modify the State Shops and Establishments Act either by adopting the said Model Bill as it is,
or by modifying its provisions as per the requirement of the State.
Accordingly, after considering the present scenario and advent to technological development, it is felt necessary that the
Tamil Nadu Act XXXVI of 1947 needs certain amendments for introduction of registration and renewal of shops and establishments,
prohibition of discrimination against women employee etc.
3. The Bill seeks to give effect to the above decision.
Dr. NILOFER KAFEEL,
Minister for Labour.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 127
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clauses 1(2) and the new section 3, 3-A and 47-A proposed to be inserted by clauses 3 and 7, of the Bill authorize the
Government to isssue notification 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.
Dr. NILOFER KAFEEL,
Minister for Labour.
K. SRINIVASAN,
Secretary.
PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI
ON BEHALF OF THE GOVERNMENT OF TAMIL NADU
