TAMIL NADU GOVERNMENT GAZETTE

Transcription

1 [Regd. No. TN/CCN/117/ [Price: Rs Paise. GOVERNMENT OF TAMIL NADU TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY No. 364] CHENNAI, TUESDAY, DECEMBER 2, 2008 Karthigai 17, Thiruvalluvar Aandu 2039 Part IV Section 2 Acts and Ordinances ACTS : CONTENTS Pages. No. 47 of 2008 Payment of Salaries (Second Amendment) Act No. 48 of 2008 Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act.... No. 49 of 2008 Value Added Tax (Second Amendment) Act No. 50 of 2008 Value Added Tax (Third Amendment) Act No. 51 of 2008 Backward Class Christians and Backward Class Muslims (Reservation of Seats in Educational Institutions including Private Educational Institutions and of appointments or posts in the services under the State) Amendment Act No. 52 of 2008 Co-operative Societies (Appointment of Special Officers) Second Amendment Act No. 53 of 2008 Appropriation (No.3) Act No. 54 of 2008 Chennai City Police (Extension to the Chennai City Suburban Area) Act,.... No. 55 of 2008 Municipal Corporations Laws (Amendment) Act No. 56 of 2008 Laws (Special Provisions) Act No. 57 of 2008 Municipal Laws (Seventh Amendment) Act No. 58 of 2008 Panchayats (Eighth Amendment) Act No. 59 of 2008 Panchayats (Ninth Amendment) Act No. 60 of 2008 Sales Tax (Settlement of Arrears) Act No. 61 of 2008 Town and Country Planning (Amendment) Act No. 62 of 2008 Co-operative Societies (Third Amendment) Act DTP IV-2 Ex. (364) [ 221 ]

2 222 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY The following Act of the Legislative Assembly received the assent of the Governor on the 28th November 2008 and is hereby published for general information: ACT No. 47 OF An Act further to amend the Payment of Salaries Act, BE it enacted by the Legislative Assembly of the State of in the Fifty-ninth Year of the Republic of India as follows: Short title and commencement. section 3. section 4. section 6-A. 1. (1) This Act may be called the Payment of Salaries (Second Amendment) Act, (2) It shall be deemed to have come into force on the 1 st day of April In section 3 of the Payment of Salaries Act, 1951 (hereinafter referred to as the principal Act), (2) in sub-section (2), for the expression eight thousand rupees per mensem, the expression ten thousand rupees per mensem shall be substituted; (3) in sub-section (3), (a) in clause (a), for the expression three thousand rupees per mensem, the expression four thousand rupees per mensem shall be substituted; (b) in clause (b), for the expression four thousand rupees per mensem, the expression five thousand rupees per mensem shall be substituted. 3. In section 4 of the principal Act, (2) in sub-section (2), for the expression seven thousand rupees per mensem, (3) in sub-section (3), for the expression eight thousand rupees per mensem, the expression ten thousand rupees per mensem shall be substituted; (4) in sub-section (4), (1) in clause (a), (a) in sub-clause (i), for the expression three thousand rupees per mensem, the expression four thousand rupees per mensem shall be substituted; (b) in sub-clause (ii), for the expression four thousand rupees per mensem, the expression five thousand rupees per mensem shall be substituted; (2) in clause (b), (a) in sub-clause (i), for the expression two thousand and five hundred rupees per mensem, the expression three thousand and five hundred rupees per mensem shall be substituted; (b) in sub-clause (ii), for the expression four thousand rupees per mensem, the expression five thousand rupees per mensem shall be substituted. 4. In section 6-A of the principal Act, (2) in sub-section (2), for the expression seven thousand rupees per mensem, Act XX of 1951.

3 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 223 (3) in sub-section (3), for the expression eight thousand rupees per mensem, the expression ten thousand rupees per mensem shall be substituted; (4) in sub-section (4), (a) in clause (i), for the expression two thousand and five hundred rupees per mensem, the expression three thousand and five hundred rupees per mensem shall be substituted; (b) in clause (ii), for the expression four thousand rupees per mensem, the expression five thousand rupees per mensem shall be substituted. 5. In section 12 of the principal Act, (1) in sub-section (1), in clause (a), for the expression two thousand rupees per mensem, the expression three thousand rupees per mensem shall be substituted; section 12. (2) in sub-section (1-A), for the expression six thousand rupees per mensem, the expression seven thousand rupees per mensem shall be substituted; (3) in sub-section (1-AA), for the expression a constituency allowance of four thousand rupees per mensem and a postal allowance of one thousand and five hundred rupees per mensem, the expression a constituency allowance of five thousand rupees per mensem and a postal allowance of two thousand and five hundred rupees per mensem shall be substituted; (4) in sub-section (4-B), for the expression four thousand rupees per mensem, the expression five thousand rupees per mensem shall be substituted. 6. In section 12-B of the principal Act, section 12-B. (2) in sub-section (2-C), for the expression three thousand and five hundred rupees per mensem, the expression four thousand rupees per mensem shall be substituted; (3) in sub-section (2-CC), for the expression three thousand and five hundred rupees per mensem, the expression four thousand rupees per mensem shall be substituted. (By order of the Governor) S. DHEENADHAYALAN, Secretary to Government, Law Department.

4 224 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

5 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 225 The following Act of the Legislative Assembly received the assent of the Governor on the 28th November 2008 and is hereby published for general information: ACT No. 48 OF An Act to prohibit violence against medicare service persons and damage or loss to property of medicare service institutions and for matters connected therewith and incidental thereto. WHEREAS, acts of violence causing injury or danger to life of medicare service persons and damage or loss to the property of medicare service institutions are on the increase in the State creating unrest among medicare service persons resulting in total hindrance of such services in the State; AND WHEREAS, it has become necessary to punish the persons committing violence by making the offence as cognizable and non-bailable and to provide for compensation, for damage or loss caused to the property of medicare service institutions, to be determined by court; BE it enacted by the Legislative Assembly of the State of in the Fifty-ninth Year of the Republic of India as follows: 1. (1) This Act may be called the Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act, Short title and commencement. (2) It shall be deemed to have come into force on the 18th day of July In this Act, unless the context otherwise requires, (1) medicare service institution means any institution providing medicare to people which is under the control of the State or the Central Government or local bodies including any private hospital having facilities for treatment of the sick and used for their reception or stay; any private maternity home where women are usually received and accommodated for the purpose of confinement and ante-natal and post-natal care in connection with child birth or anything connected therewith; and any private nursing home used or intended to be used for the reception and accommodation of persons suffering any sickness, injury or infirmity whether of body or mind, and providing of treatment for nursing or both of them and includes a maternity home or convalescent home; Definitions. (2) medicare service person in relation to a medicare service institution shall include, (a) registered medical practitioners (including a person having provisional registration); (b) registered nurses; (c) medical students; (d) nursing students; (e) para medical workers; employed and working in such medicare service institutions; (3) property means any property, movable or immovable or medical equipment or medical machinery owned by or in possession of, or under the control of, any medicare service person or medicare service institution; (4) violence means activities of causing, any harm, injury or endangering the life or intimidation, obstruction or hindrance to any medicare service person while discharging his duty in the medicare service institution or causing damage or loss to the property. 3. Any person either by himself or as a member or as a leader of a group of persons or organization, commits or attempts to commit or abets or incites the commission of any act of violence shall be punished with imprisonment for a term which shall not be less than three years but which may extend to ten years and with fine. Punishment for committing violence.

6 226 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY Cognizance of offence. Liability to pay compensation for the damage or loss caused to the property. Bar of certain proceedings. Operation of other laws not affected. 4. Any offence committed under section 3, shall be cognizable and non bailable. 5. (1) In addition to the punishment specified in section 3, the person shall be liable to pay compensation for the damage or loss caused to the property, as determined by the court. (2) If the person has not paid the compensation under sub-section (1), the said sum shall be recovered under the provisions of the Revenue Recovery Act, 1864 as if it were an arrear of land revenue. 6. No claim for compensation for the damage or loss caused to the property shall be made by the medicare service person or medicare service institution, before any authority, under the Property (Prevention of Damage and Loss) Act, Save as otherwise provided in this Act, the provisions of this Act shall be in addition to and not in derogation of, any other law for the time being in force. Act II of Act 59 of Repeal and saving. 8. (1) The Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Ordinance, 2008 is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act. Ordinance 3 of (By order of the Governor) S. DHEENADHAYALAN, Secretary to Government, Law Department.