© [Regd. No. TN/CCN/467/2012-14.

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

2024 [Price: Rs. 3.20 Paise.

TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY PUBLISHED BY AUTHORITY

No. 227] CHENNAI, THURSDAY, JULY 11, 2024

Aani 27, Kurothi, Thiruvalluvar Aandu-2055

Part IV—Section 2
Tamil Nadu Acts and Ordinances

CONTENTS Pages.
ACTS:

No. 34 of 2024.—The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)

Amendment Act, 2024. .. .. .. .. .. 138
No. 35 of 2024.—The Tamil Nadu Prohibition (Amendment) Act, 2024. .. 139-144

IV-2—Ex. (227) [137]

138 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

The following Act of the Tamil Nadu Legislative Assembly received the
assent of the Governor on the 11th July 2024 and is hereby published
for general information:—
ACT No. 34 OF 2024.

An Act further to amend the Tamil Nadu Land Reforms (Fixation of

Ceiling on Land) Act, 1961.

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:—

Short title and 1. (1) This Act may be called the Tamil Nadu Land Reforms (Fixation
commencement. of Ceiling on Land) Amendment Act, 2024.

(2) It shall come into force at once.

Amendment to 2. In section 3 of the Tamil Nadu Land Reforms (Fixation of Ceiling Tamil Nadu Act
section 3(14). on Land) Act, 1961 (hereinafter referred to as ‘the principal Act’), in clause 58 of 1961.
(14),—

(1) in sub-clause (i), for the expression “minor sons and unmarried
daughters,”, the expression “minor children”, shall be substituted;

(2) in sub-clause (ii), for the expression “minor grandsons and

unmarried grand-daughters”, the expression “minor grand-children” shall
be substituted.

(By order of the Governor)

S. GEORGE ALEXANDER,
Secretary to Government,
Law Department.
 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 139

The following Act of the Tamil Nadu Legislative Assembly received the
assent of the Governor on the 11th July 2024 and is hereby published
for general information:—
ACT No. 35 OF 2024.
An Act further to amend the Tamil Nadu Prohibition Act, 1937.
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 (Amendment) Short title and
Act, 2024. commencement.
(2) It shall come into force on such date as the State Government
may, by notification, appoint.
Tamil Nadu Act X of 2. In section 3 of the Tamil Nadu Prohibition Act, 1937 (hereinafter Amendment of
1937. referred to as the principal Act), for clause (12), the following clause shall be section 3.
substituted, namely:—
“(12) “place” includes also a house, shed, enclosure, building,
shop, tent, booth, vehicle, cart and vessel;”.
3. In section 4 of the principal Act,─ Amendment of
section 4.
(1) in sub-section (1),—

(a) for clause (k), the following clause shall be substituted,

namely:—
“(k) being the owner of, or in-charge of, or having the management of,
or in control of, or in possession of, a place, allows any of the acts specified
in clauses (a) to (jj) upon such place;”.
(b) after clause (k), for the expression “shall be punished–” and
clauses (a) to (c) thereunder, the following expression and clauses shall be
substituted, namely:—
“shall be punished, in the case of offences—
(A) falling under clauses (aaa), (b), (f), (h) and (i), with
rigorous imprisonment for a term not less than three years, which may
extend to seven years and with fine which shall not be less than two lakh
rupees but which may extend to three lakh rupees;
(B) falling under clauses (aa) and (k), with rigorous
imprisonment for a term not less than two years, but which may extend to
five years and with fine which shall not be less than one lakh rupees but
which may extend to two lakh rupees;
(C) falling under other clauses, with imprisonment for a term
not less than one year, but which may extend to three years and with fine
which shall not be less than fifty thousand rupees but which may extend to
one lakh rupees:
Provided that notwithstanding anything contained in clause (A),
clause (B) and clause (C) above, offences relating to the transport, possession
and consumption of any liquor specified by the State Government under
sub-clause (i) of clause (j) which are manufactured and sold in accordance
with the provisions of this Act and the rules made thereunder, shall be
punished with imprisonment for a term which may extend to one year or
with fine which shall not be less than twenty five thousand rupees but which
may extend to fifty thousand rupees or with both:”
140 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(c) in the existing proviso, for the expression “Provided that”, the
expression “Provided further that” shall be substituted;
(2) in sub-section (1-A), for clauses (i) and (ii), the following clauses
shall be substituted, namely:─

“(i) if death has ensued due to its consumption, with rigorous

imprisonment for life and with fine which shall not be less than ten lakh
rupees; and

(ii) in any other case, with rigorous imprisonment for a term not less
than five years, but which may extend to ten years and with fine which shall
not be less than five lakh rupees but which may extend to ten lakh rupees.”.
Amendment of 4. In section 5 of the principal Act, for the expression “rigorous
section 5. imprisonment for a term which may extend to three years and with fine which
may extend to ten thousand rupees”, the expression “rigorous imprisonment
for a term not less than three years but which may extend to seven years
and with fine which shall not be less than two lakh rupees but which may
extend to three lakh rupees” shall be substituted.
Insertion of 5. After section 5 of the principal Act, the following section shall be
section 5-A. inserted, namely:—

“5-A. Sealing of unlicensed places used for consumption of

liquor.– (1) No person, being the owner of, or in-charge of, or having the
management of, or in control of, or in possession of, any place shall, without
obtaining a licence under this Act or the rules made thereunder, allow
consumption of liquor in that place.
(2) Where any place not licensed for consumption of liquor under
this Act or the rules made thereunder, is allowed to be used for consumption
of liquor, then, that place shall be sealed by the Prohibition Officer concerned
or by an officer not below the rank of Tahsildar, as may be authorised by the
District Collector concerned. The owner of, or the person in-charge of, or
having the management of, or in control of, or in possession of, such place
shall provide security for the place so sealed under this sub-section.

(3) After sealing a place under sub-section (2), the owner of, or
the person in-charge of, or having the management of, or in control of, or in
possession of, such place shall be given a notice in writing within forty eight
hours, informing him of the grounds on which the said place was sealed
and he shall also be given an opportunity of making a representation in
writing, to the officer who has sealed the place, within such time as may
be specified in that notice. Such representation shall be considered by the
officer concerned and a suitable order shall be passed thereon on merits
within a period of seven days.

(4) The place so sealed under sub-section (2) may continue to be

under seal for a period of not more than three months, as may be ordered.

(5) No person shall break the seal unless and until the order of
sealing is revoked under sub-section (3) or sub-section (6).

(6) Any person aggrieved by an order passed under sub-section (3)

may, within a period of thirty days from the date of receipt of a copy of such
order, make an appeal to the District Collector concerned, who shall, after
giving an opportunity of making a representation to the appellant, pass
suitable order on such appeal as he deems fit within a period of thirty days.”.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 141

6. In section 6 of the principal Act, for the expression “with imprisonment Amendment of
which may extend to six months or with fine which may extend to one section 6.
thousand rupees or with both”, the expression “with rigorous imprisonment
for a term not less than two years, but which may extend to five years and
with fine which shall not be less than one lakh rupees but which may extend
to two lakh rupees” shall be substituted.
7. For section 7 of the principal Act, the following section shall be Substitution of
substituted, namely:- section 7.
“7. Punishment for conspiracy.— When two or more persons
agree—
(i) to commit or cause to be committed any offence punishable
under clause (A), clause (B) and clause (C) of sub-section (1) of section 4
except the first proviso thereto, sub-section (1-A) of section 4 or section 5; or
(ii) to evade or nullify the provisions of this Act,
each of such person shall, notwithstanding that no act except the
agreement was done by any of the parties thereto in pursuance thereof, be
punished in the case of any offence under clause (i), be punished with the
punishment provided for the commission of such offence and in the case
of any offence under clause (ii), be punished with imprisonment for a term
not less than one year but which may extend to three years and with fine
which shall not be less than fifty thousand rupees but which may extend to
one lakh rupees.”.
8. In section 11 of the principal Act, for the expression “imprisonment Amendment of
which may extend to six months or with fine which may extend to five section 11.
hundred rupees or with both”, the expression “imprisonment for a term not
less than one year but which may extend to three years and with fine which
shall not be less than fifty thousand rupees but which may extend to one
lakh rupees” shall be substituted.
9. In section 13-A of the principal Act, in clause (1), for the expression Amendment of
“apparatus”, the expression “apparatus and other movable properties” shall section 13-A.
be substituted.
10. In section 14 of the principal Act,— Amendment of
section 14.
(1) in the proviso to sub-section (2), for the expression “cart or
other vehicle” occurring in two places, the expression “cart, vehicle or other
movable properties” shall be substituted;
(2) in sub-section (4), for the expression “cart or other vehicle”
occurring in five places, the expression “cart, vehicle or other movable
property” shall be substituted;
(3) after sub-section (5), the following sub-section shall be
inserted, namely:–
“(6) Where any property has been confiscated under
this section, such property shall vest with the Government free from all
encumbrances.”.
11. In section 14-A of the principal Act, including the marginal heading, Amendment of
for the expression “cart or other vehicle”, the expression “cart, vehicle or section 14-A.
other movable property” shall be substituted.
142 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Substitution of 11-A. For section 15-C of the principal Act, the following section shall
section 15-C be substituted, namely:-

“15-C. Offences to be non-bailable.-(1) The offences punishable

under this Act with rigorous imprisonment for a term which may extend to
three years and upwards shall be non-bailable and the provisions of the
Code of Criminal Procedure, 1973 (Central Act 2 of 1974), with respect to
non-bailable offences, shall apply to those offences:

Provided that notwithstanding anything contained in the Code of

Criminal Procedure 1973 (Central Act 2 of 1974), no person accused of an
offence punishable under section 4(1-A)(i) of this Act shall, if in custody, be
released on bail or on his own bond, unless—

(a) the Public Prosecutor has been given an opportunity to oppose

the application of such release; and

(b) where the Public Presecutor opposes the application, 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:

Provided further that nothing in section 438 of the Code shall apply
in relation to any case involving the arrest of any person on an accusation of
having committed an offence punishable under section 4(1-A)(i) of this Act.

(2) Nothing contained in sections 27,28,29, 32, 38 and 39 shall

be construed as enabling a person to be admitted to bail if the offence
alleged to have been committed by such person is one referred to in
sub-section (1 ).”.
Amendment of 12. In section 24-D of the principal Act, for the expression “offence under
section 24-D. clauses (aaa), (b), (f) and (h) of sub-section (1) and offence punishable under
sub-section (1-A) of section 4 and offences under section 6 and section
52-E by way of composition of such offence a sum of money not exceeding
ten thousand rupees but not less than one thousand rupees.”, the following
expression shall be substituted, namely:–
“offences punishable under clause (A), clause (B) and clause (C) of
sub-section (1) of section 4 except the first proviso thereto, sub-section (1-A)
of section 4, sections 5, 6, 7 and 52-E, by way of composition of such offence
an amount not exceeding twenty five thousand rupees, but not less than ten
thousand rupees.”.
Insertion of 13. After section 52-A of the principal Act, the following section shall
section 52-AA. be inserted, namely:—
“52-AA. Security for maintaining good behaviour from habitual
offenders.—(1) When an Executive Magistrate receives information that
within his local jurisdiction there is a person convicted under clause (A),
clause (B) and clause (C) of sub-section (1) of section 4, sub-section
(1-A) of section 4, section 5 and section 7 and he habitually commits or
attempts to commit, or abets the commission of offences punishable under
the aforesaid sections which involves a breach of peace, the Executive
Magistrate may, in the manner provided in sections 111 to 116 of the Code
of Criminal Procedure, 1973 (Central Act 2 of 1974), require such person
to show cause as to why he should not be ordered to execute a bond with
sureties, for the good behaviour for such period not exceeding three years,
as the Executive Magistrate thinks fit.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 143

(2) If, upon such inquiry, it is proved that for maintaining the good
behaviour, it is necessary that the person in respect of whom the inquiry is
made, should execute a bond, with sureties, the Executive Magistrate shall
make an order accordingly:

Provided that—

(a) no person shall be ordered to give security of a nature different

from, or of an amount larger than, or for a period longer than, that specified
in the show cause notice issued under sub-section (1);

(b) the amount of every bond shall be fixed with due regard to the
circumstances of the case and shall not be excessive;

(c) when the person in respect of whom the inquiry is made is a minor,
the bond shall be executed only by his sureties.

(3) The bond shall be in the format provided in Schedule II to this Act,
and the provisions of the Code of Criminal Procedure, 1973 (Central Act 2
of 1974) shall insofar as they are applicable, apply mutatis mutandis to all
matters connected with such bond as if it were a bond for maintaining good
behaviour ordered to be executed under section 117 of that Code.

(4) If any person ordered to give security under sub-section (2) does
not give such security on or before the stipulated date or if such person has,
in the opinion of the Executive Magistrate or his successor-in-office, has
committed breach of the bond, necessary action may be initiated against
such person in the manner as provided in section 122 of the said Code as if
the bond was executed under section 117 of the said Code.”.
14. In section 52-E of the principal Act, for sub-section (1), the following Amendment of
sub-section shall be substituted, namely:- section 52-E.

“(1) When any person having been—

(i) previously convicted at least twice for an offence punishable

under clause (A), clause (B) or clause (C) of sub-section (1) of section 4; or

(ii) previously convicted of an offence punishable under

sub-section (1-A) of section 4 or section 5 or section 7,

the Court may, either on its own motion at the time of passing the
sentence of imprisonment on such person or on an application made to it
within a period of two months from the date of conviction by the Prohibition
Officer or the Investigation Officer concerned by an order, also direct such
person to remove himself after the expiry of such sentence of imprisonment,
from the place in which he ordinarily resides or operates, to any other place
in any other district as the Court may specify in such order.
15. In the Schedule II to the principal Act,— Amendment of
Schedule II.
(1) for the expression “(See section 52-A)”, the expression “(See
sections 52-A and 52-AA)” shall be substituted;
144 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(2) for the expression “any offence under sections 4(1)(a), 4(1)
(aa), 4(1)(aaa), 4(1)(b), 4(1)(d), 4(1)(e), 4(1)(f), 4(1)(g), 4(1)(h), 4(1)(i) and
4(1)(jj)” occurring in two places, the expression “any offence punishable
under clause (A), clause (B), clause (C) of sub-section (1) of section (4),
sub-section (1-A) of section 4, section 5, section 7” shall be substituted.

(By order of the Governor)

S. GEORGE ALEXANDER,
Secretary to Government,
Law Department.

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

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU