Tamil Nadu act 003 of 2019 : The Tamil Nadu Goods and Services Tax Amendment Act( TN Act 3 of 2019)

Department
  • Department of Commercial Taxes and Registration Department, Government of Tamil Nadu

No. 17] CHENNAI, MONDAY, JANUARY 14, 2019 Margazhi 30, Vilambi, Thiruvalluvar Aandu-2049

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY PUBLISHED BY AUTHORITY

© [Regd. No. TN/CCN/467/2012-14.

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

2019 [Price: Rs. 11.20 Paise. Part IV—Section 2

Tamil Nadu Acts and Ordinances

CONTENTS

[ 1 ] 17-Ex-IV-2—1 Pages.

Acts:—

No. 1 of 2019—Tamil Nadu Payment of Salaries (Amendment) Act, 2019 .. .. 2 No. 2 of 2019— Tamil Nadu Agricultural Produce Marketing (Regulation) Amendment Act, 2019.

3-4 No. 3 of 2019— Tamil Nadu Goods and Services Tax (Amendment) Act, 2019. .. ..

5-12 No. 4 of 2019— Tamil Nadu Value Added Tax (Amendment) Act, 2019. .. .. 13-14 No. 5 of 2019—Tamil Nadu Panchayats (Amendment) Act, 2019. 15-16 No. 6 of 2019—Tamil Nadu Municipal Laws (Amendment) Act, 2019. .. .. .. 17-20 No. 7 of 2019—Tamil Nadu Appropriation Act, 2019 .. .. .. .. 21-27

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2 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 14th January 2019 and is hereby published for general information:—

ACT No. 1 OF 2019. An Act further to amend the Tamil Nadu Payment of Salaries Act, 1951.

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 Payment of Salaries (Amendment) Act, 2019. Short title and commence-

ment.

(2) It shall be deemed to have come into force on the 13th day of August 2018. Tamil Nadu

Act XX of 1951.

2. After section 12-C of the Tamil Nadu Payment of Salaries Act, 1951, the following section shall be inserted, namely:-- Insertion of new

section 12-D.

"12-D. Railway fare for former Members.—Every person, who had been a Member of the Legislative Assembly or the Legislative Council, shall be eligible for railway fare for his journey in two-tier air-conditioned class from his usual place of residence to Chennai for participating in the Independence day and Republic day Celebrations and for his return journey, subject to such conditions as may be prescribed:

Provided that railway fare under this section shall not be paid to any former Member of the Legislative Assembly or the Legislative Council, who is in receipt of free railway pass issued by the Central Government or by any other authority for having been a Member of Parliament.".

Tamil Nadu

Ordinance 1 of

2018.

3. (1) The Tamil Nadu Payment of Salaries (Second Amendment) Ordinance, 2018 is hereby repealed.

Repeal and

savings.

Tamil Nadu

Act XX of

1951.

(2) Notwithstanding such repeal, anything done or any action taken under the Tamil Nadu Payment of Salaries Act, 1951, as amended by the said Ordinance, shall be deemed to have been done or taken under the said Act, as amended by this Act. (By order of the Governor)

S.S. POOVALINGAM,

Secretary to Government, Law Department.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 3

The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 14th January 2019 and is hereby published for general information:—

ACT No. 2 OF 2019. An Act further to amend the Tamil Nadu Agricultural Produce Marketing (Regulation) Act,1987.

B 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 (Regulation) Amendment Act, 2019.

Short title and

commen-

cement.

(2) It shall be deemed to have come into force on the 30th day of November 2018. Tamil Nadu Act

27 of 1989.

2. In section 33 of the Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987, in the proviso to sub-section (1), for the expression "seven years and six months", the expression "eight years and six months" shall be substituted.

Amendment of

section 33.

Tamil Nadu

Ordinance

3 of 2018.

3. (1) The Tamil Nadu Agricultural Produce Marketing (Regulation) Second Amendment Ordinance, 2018 is hereby repealed.

Repeal and

Saving.

Tamil Nadu Act

27 of 1989.

(2) Notwithstanding such repeal, anything done or any action taken under the Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987, as amended by the said Ordinance, shall be deemed to have been done or taken under the said Act, as amended by this Act.

(By order of the Governor)

S.S. POOVALINGAM,

Secretary to Government, Law Department.

17-Ex-IV-2—1a

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4 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 5

The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 14th January 2019 and is hereby published for general information:—

ACT No. 3 OF 2019. An Act to amend the Tamil Nadu Goods and Services Tax Act, 2017.

B 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 Goods and Services Tax (Amendment) Act, 2019.

Short title and

commence-

ment.

(2) (i) Sections 3 and 30 shall be deemed to have come into force on the 1st day of July 2017;

(ii) Other sections of this Act shall come into force on such date as the State Government may, by notifi cation in the Offi cial Gazette, appoint:

Provided that diff erent dates may be appointed for diff erent provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

Tamil Nadu Act

19 of 2017.

2. In section 2 of the Tamil Nadu Goods and Services Tax Act, 2017 (hereinafter referred to as the principal Act),—

Amendment of

section 2.

(1) in clause (4), for the expression "the Appellate Authority and the Appellate Tribunal", the expression "the Appellate Authority, the Appellate Tribunal and the Authority referred to in sub-section (2) of section 171" shall be substituted;

(2) in clause (16), for the expression "Central Board of Excise and Customs", the expression "Central Board of Indirect Taxes and Customs" shall be substituted;

(3) in clause (17), for sub-clause (h), the following sub-clause shall be substituted, namely:—

"(h) activities of a race club including by way of totalisator or a license to book maker or activities of a licensed book maker in such club; and";

(4) clause (18) including the Explanation thereunder shall be omitted;

(5) in clause (35), for the expression "clause (c)", the expression "clause (b)" shall be substituted;

(6) in clause (69), in sub-clause (f), after the expression "Article 371", the expression

"and Article 371J" shall be inserted;

(7) in clause (102), the following Explanation shall be added, namely:—

"Explanation.— For the removal of doubts, it is hereby clarifi ed that the expression

"services" includes facilitating or arranging transactions in securities.".

3. In section 7 of the principal Act,—

Amendment of section 7.

(1) in sub-section (1),—

(a) in clause (b), after the expression "or furtherance of business;", the expression "and" shall be added;

(b) in clause (c), the expression "and" occurring after the expression "without a consideration;", shall be omitted;

(c) clause (d) shall be omitted;

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6 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(2) after sub-section (1), the following sub-section shall be inserted, namely:—

"(1A) Where certain activities or transactions, constitute a supply in accordance with the provisions of sub-section (1), they shall be treated either as supply of goods or supply of services as referred to in Schedule II.";

(3) in sub-section (3), for the expression, "sub-sections (1) and (2)", the expression

"sub-sections (1), (1A) and (2)" shall be substituted. Amendment of

section 9.

4. In section 9 of the principal Act, for sub-section (4), the following sub-section shall be substituted, namely:—

"(4) The Government may, on the recommendations of the Council, by notifi cation, specify a class of registered persons who shall, in respect of supply of specifi ed categories of goods or services or both received from an unregistered supplier, pay the tax on reverse charge basis as the recipient of such supply of goods or services or both, and all the provisions of this Act shall apply to such recipient as if he is the person liable for paying the tax in relation to such supply of goods or services or both.".

Amendment of

section 10.

5. In section 10 of the principal Act,—

(1) in sub-section (1),—

(a) for the expression "in lieu of the tax payable by him, an amount calculated at such rate", the expression "in lieu of the tax payable by him under sub-section (1) of section 9, an amount of tax calculated at such rate" shall be substituted;

(b) in the proviso, for the expression "one crore rupees, as may be recommended by the Council.", the expression "one crore and fi fty lakh rupees as may be recommended by the Council:" shall be substituted;

(c) after the proviso, the following proviso shall be added, namely:—

"Provided further that a person who opts to pay tax under clause (a) or clause (b) or clause (c) may supply services (other than those referred to in clause (b) of paragraph 6 of Schedule II), of value not exceeding ten per cent of turnover in the State in the preceding fi nancial year or fi ve lakh rupees, whichever is higher.";

(2) in sub-section (2), for clause (a), the following clause shall be substituted, namely:—

"(a) save as provided in sub-section (1), he is not engaged in the supply of services;".

Amendment of

section 12.

6. In section 12 of the principal Act, in sub-section (2), in clause (a), the expression

"sub-section (1) of " shall be omitted. Amendment of

section 13.

7. In section 13 of the principal Act, in sub-section (2), the expression "sub-section (2) of" in two places where it occurs, shall be omitted.

Amendment of

section 16.

8. In section 16 of the principal Act, in sub-section (2),—

(1) in clause (b), for the Explanation, the following Explanation shall be substituted, namely:—

"Explanation.— For the purposes of this clause, it shall be deemed that the registered person has received the goods or, as the case may be, services—

(i) where the goods are delivered by the supplier to a recipient or any other person on the direction of such registered person, whether acting as an agent or otherwise, before or during movement of goods, either by way of transfer of documents of title to goods or otherwise;

(ii) where the services are provided by the supplier to any person on the direction of and on account of such registered person.";

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 7

(2) in clause (c), for the expression "section 41", the expression "section 41 or section 43A" shall be substituted.

9. In section 17 of the principal Act,—

(1) in sub-section (3), the following Explanation shall be added, namely:— Amendment of

section 17.

"Explanation.—For the purposes of this sub-section, the expression "value of exempt supply'' shall not include the value of activities or transactions specifi ed in Schedule III, except those specifi ed in paragraph 5 of the said Schedule.";

(2) in sub-section (5), for clauses (a) and (b), the following clauses shall be substituted, namely:—

"(a) motor vehicles for transportation of persons having approved seating capacity of not more than thirteen persons (including the driver), except when they are used for making the following taxable supplies, namely:—

(A) further supply of such motor vehicles; or

(B) transportation of passengers; or

(C) imparting training on driving such motor vehicles; (aa) vessels and aircraft except when they are used—

(i) for making the following taxable supplies, namely:—

(A) further supply of such vessels or aircraft; or

(B) transportation of passengers; or

(C) imparting training on navigating such vessels; or

(D) imparting training on fl ying such aircraft;

(ii) for transportation of goods; (ab) services of general insurance, servicing, repair and maintenance in so far as they relate to motor vehicles, vessels or aircraft referred to in clause (a) or clause (aa):

Provided that the input tax credit in respect of such services shall be available—

(i) where the motor vehicles, vessels or aircraft referred to in clause (a) or clause (aa) are used for the purposes specifi ed therein;

(ii) where received by a taxable person engaged—

(I) in the manufacture of such motor vehicles, vessels or aircraft; or

(II) in the supply of general insurance services in respect of such motor vehicles, vessels or aircraft insured by him;

(b) the following supply of goods or services or both—

(i) food and beverages, outdoor catering, beauty treatment, health services, cosmetic and plastic surgery, leasing, renting or hiring of motor vehicles, vessels or aircraft referred to in clause (a) or clause (aa) except when used for the purposes specifi ed therein, life insurance and health insurance:

Provided that the input tax credit in respect of such goods or services or both shall be available where an inward supply of such goods or services or both is used by a registered person for making an outward taxable supply of the same category of goods or services or both or as an element of a taxable composite or mixed supply;

(ii) membership of a club, health and fi tness centre; and

(iii) travel benefi ts extended to employees on vacation such as leave or home travel concession:

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8 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Provided that the input tax credit in respect of such goods or services or both shall be available, where it is obligatory for an employer to provide the same to its employees under any law for the time being in force.".

Amendment of

section 20.

10. In section 20 of the principal Act, in the Explanation, in clause (c), for the expression

"under entry 84", the expression "under entries 84 and 92A" shall be substituted. Amendment of

section 22.

11. In section 22 of the principal Act,—

(1) in sub-section (1), after the proviso, the following proviso shall be added, namely:—

"Provided further that where such person makes taxable supplies of goods or services or both from a special category State in respect of which the Central Government has enhanced the aggregate turnover referred to in the fi rst proviso, he shall be liable to be registered if his aggregate turnover in a fi nancial year exceeds the amount equivalent to such enhanced turnover.";

(2) in the Explanation, in clause (iii), the following shall be added at the end, namely:—

"except the State of Jammu and Kashmir and the States of Arunachal Pradesh, Assam, Himachal Pradesh, Meghalaya, Sikkim and Uttarakhand.".

Amendment of

section 24.

12. In section 24 of the principal Act, for clause (x), the following clause shall be substituted, namely:—

"(x) every electronic commerce operator who is required to collect tax at source under section 52;".

Amendment of

section 25.

13. In section 25 of the principal Act,—

(1) in sub-section (1), after the proviso and before the Explanation, the following proviso shall be inserted, namely:—

"Provided further that a person having a unit, as defi ned in the Special Economic Zones Act, 2005 (Central Act 28 of 2005), in a Special Economic Zone or being a Special Economic Zone developer shall have to apply for a separate registration, as distinct from his place of business located outside the Special Economic Zone in the same State.";

(2) in sub-section (2), for the proviso, the following proviso shall be substituted, namely:—

"Provided that a person having multiple places of business in the State may be granted a separate registration for each such place of business, subject to such conditions as may be prescribed.".

Amendment of

section 29.

14. In section 29 of the principal Act,—

(1) in the marginal heading, after the expression "Cancellation", the expression "or suspension" shall be inserted;

(2) in sub-section (1), after clause (c), the following proviso shall be added, namely:—

"Provided that during pendency of the proceedings relating to cancellation of registration fi led by the registered person, the registration may be suspended for such period and in such manner as may be prescribed.";

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 9

(3) in sub-section (2), after the proviso, the following proviso shall be added, namely:—

"Provided further that during pendency of the proceedings relating to cancellation of registration, the proper offi cer may suspend the registration for such period and in such manner as may be prescribed.".

15. In section 34 of the principal Act,—

Amendment of section 34.

(1) in sub-section (1),—

(i) for the expression "Where a tax invoice has", the expression "Where one or more tax invoices have" shall be substituted;

(ii) for the expression "a credit note", the expression "one or more credit notes for supplies made in a fi nancial year" shall be substituted;

(2) in sub-section (3),—

(i) for the expression "Where a tax invoice has", the expression "Where one or more tax invoices have" shall be substituted;

(ii) for the expression "a debit note", the expression "one or more debit notes for supplies made in a fi nancial year" shall be substituted.

16. In section 35 of the principal Act, in sub-section (5), the following proviso shall be added, namely:—

Amendment of

section 35.

"Provided that nothing contained in this sub-section shall apply to any department of the Central Government or a State Government or a local authority, whose books of account are subject to audit by the Comptroller and Auditor-General of India or an auditor appointed for auditing the accounts of local authorities under any law for the time being in force.".

17. In section 39 of the principal Act,—

Amendment of section 39.

(1) in sub-section (1),—

(a) for the expression "in such form and manner as may be prescribed", the expression "in such form, manner and within such time as may be prescribed" shall be substituted;

(b) the expression "on or before the twentieth day of the month succeeding such calendar month or part thereof" shall be omitted;

(c) the following proviso shall be added, namely:—

"Provided that the Government may, on the recommendations of the Council, notify certain classes of registered persons who shall furnish return for every quarter or part thereof, subject to such conditions and safeguards as may be specifi ed therein.";

(2) in sub-section (7), the following proviso shall be added, namely:—

"Provided that the Government may, on the recommendations of the Council, notify certain classes of registered persons who shall pay to the Government the tax due or part thereof as per the return on or before the last date on which he is required to furnish such return, subject to such conditions and safeguards as may be specifi ed therein.";

(3) in sub-section (9),—

(a) for the expression "in the return to be furnished for the month or quarter during which such omission or incorrect particulars are noticed", the expression "in such form and manner as may be prescribed" shall be substituted;

17-Ex-IV-2—2

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10 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(b) in the proviso, for the expression "the end of the fi nancial year", the expression "the end of the fi nancial year to which such details pertain" shall be substituted. Insertion of new

section 43A.

18. After section 43 of the principal Act, the following section shall be inserted, namely:—

"43A. Procedure for furnishing return and availing input tax credit.— (1) Notwithstanding anything contained in sub-section (2) of section 16, section 37 or section 38, every registered person shall in the returns furnished under sub-section (1) of section 39 verify, validate, modify or delete the details of supplies furnished by the suppliers.

(2) Notwithstanding anything contained in section 41, section 42 or section 43, the procedure for availing of input tax credit by the recipient and verifi cation thereof shall be such as may be prescribed.

(3) The procedure for furnishing the details of outward supplies by the supplier on the common portal, for the purposes of availing input tax credit by the recipient shall be such as may be prescribed.

(4) The procedure for availing input tax credit in respect of outward supplies not furnished under sub-section (3) shall be such as may be prescribed and such procedure may include the maximum amount of the input tax credit which can be so availed, not exceeding twenty per cent of the input tax credit available, on the basis of details furnished by the suppliers under the said sub-section.

(5) The amount of tax specifi ed in the outward supplies for which the details have been furnished by the supplier under sub-section (3) shall be deemed to be the tax payable by him under the provisions of the Act.

(6) The supplier and the recipient of a supply shall be jointly and severally liable to pay tax or to pay the input tax credit availed, as the case may be, in relation to outward supplies for which the details have been furnished under sub-section (3) or sub-section (4) but return thereof has not been furnished.

(7) For the purposes of sub-section (6), the recovery shall be made in such manner as may be prescribed and such procedure may provide for non-recovery of an amount of tax or input tax credit wrongly availed not exceeding one thousand rupees.

(8) The procedure, safeguards and threshold of the tax amount in relation to outward supplies, the details of which can be furnished under sub-section (3) by a registered person,—

(a) within six months of taking registration;

(b) who has defaulted in payment of tax and where such default has continued for more than two months from the due date of payment of such defaulted amount, shall be such as may be prescribed.".

Amendment of

section 48.

19. In section 48 of the principal Act, in sub-section (2), after the expression "section 45", the expression "and to perform such other functions" shall be inserted. Amendment of

section 49.

20. In section 49 of the principal Act,—

(1) in sub-section (2), for the expression "section 41", the expression "section 41 or section 43A" shall be substituted;

(2) in sub-section (5),—

(a) in clause (c), the following proviso shall be added, namely:—

"Provided that the input tax credit on account of State tax shall be utilised towards payment of integrated tax only where the balance of the input tax credit on account of central tax is not available for payment of integrated tax.";

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 11

(b) in clause (d), the following proviso shall be added, namely:—

"Provided that the input tax credit on account of Union territory tax shall be utilised towards payment of integrated tax only where the balance of the input tax credit on account of central tax is not available for payment of integrated tax.".

21. After section 49 of the principal Act, the following sections shall be inserted, namely:—

Insertion of new

sections 49A

and 49B.

"49A. Utilisation of input tax credit subject to certain conditions.— Notwithstanding anything contained in section 49, the input tax credit on account of State tax shall be utilised towards payment of integrated tax or State tax, as the case may be, only after the input tax credit available on account of integrated tax has fi rst been utilised fully towards such payment.

49B. Order of utilisation of the input tax credit.— Notwithstanding anything contained in this Chapter and subject to the provisions of clause (e) and clause (f) of sub- section (5) of section 49, the Government may, on the recommendations of the Council, prescribe the order and manner of utilisation of the input tax credit on account of integrated tax, Central tax, State tax or Union territory tax, as the case may be, towards payment of any such tax.".

22. In section 52 of the principal Act, in sub-section (9), for the expression "section 37", the expression "section 37 or section 39" shall be substituted.

Amendment of

section 52.

23. In section 54 of the principal Act,—

(1) in sub-section (8), in clause (a),— Amendment of

section 54.

(a) for the expression "on zero-rated supplies", the expression "on export" shall be substituted;

(b) for the expression "such zero-rated supplies", the expression "such exports"

shall be substituted;

(2) in the Explanation, in clause (2),—

(a) in sub-clause (c), in item (i), after the expression "foreign exchange", the expression "or in Indian rupees wherever permitted by the Reserve Bank of India" shall be inserted;

(b) for sub-clause (e), the following sub-clause shall be substituted, namely:—

"(e) in the case of refund of unutilised input tax credit under clause (ii) of the fi rst proviso to sub-section (3), the due date for furnishing of return under section 39 for the period in which such claim for refund arises;".

24. In section 79 of the principal Act, after sub-section (4), the following Explanation shall be added, namely:—

Amendment of

section 79.

"Explanation.—For the purposes of this section, the word person shall include

"distinct persons" as referred to in sub-section (4) or, as the case may be, sub-section (5) of section 25.".

25. In section 107 of the principal Act, in sub-section (6), in clause (b), after the expression "arising from the said order,", the expression "subject to a maximum of twenty- fi ve crore rupees," shall be inserted.

Amendment of

section 107.

26. In section 112 of the principal Act, in sub-section (8), in clause (b), after the expression "arising from the said order," the expression "subject to a maximum of fi fty crore rupees," shall be inserted.

Amendment of

section 112.

27. In section 129 of the principal Act, in sub-section (6), including the proviso, for the expression "seven days", in two places where it occurs, the expression "fourteen days" shall be substituted.

Amendment of

section 129.

17-Ex-IV-2—2a

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12 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Amendment of

section 143.

28. In section 143 of the principal Act, in sub-section (1), in clause (b), after the proviso, the following proviso shall be added, namely:—

"Provided further that the period of one year and three years may, on suffi cient cause being shown, be extended by the Commissioner for a further period not exceeding one year and two years, respectively.".

Amendment of

Schedule I.

29. In Schedule I of the principal Act, in paragraph 4, for the expression "taxable person", the expression "person" shall be substituted.

Amendment of

Schedule II.

30. In Schedule II of the principal Act, in the heading, after the expression "ACTIVITIES", the expression "OR TRANSACTIONS" shall be inserted.

Amendment of

Schedule III.

31. In Schedule III of the principal Act,—

(1) after paragraph 6, the following paragraphs shall be inserted, namely:—

"7. Supply of goods from a place outside India to another place outside India without such goods entering into India.

8. (a) Supply of warehoused goods to any person before clearance for home consumption;

(b) Supply of goods by the consignee to any other person, by endorsement of documents of title to the goods, after the goods have been dispatched from the port of origin located outside India but before clearance for home consumption.";

(2) The existing Explanation shall be numbered as Explanation 1 and after Explanation 1 as so numbered, the following Explanation shall be added, namely:—

"Explanation 2.— For the purposes of paragraph 8, the expression "warehoused goods" shall have the same meaning as assigned to it in the Customs Act, 1962 (Central Act 52 of 1962).".

Repeal and

saving.

32. (1) The Tamil Nadu Goods and Services Tax (Amendment) Ordinance, 2018 is hereby repealed.

Tamil Nadu

Ordinance 2 of

2018.

(2) Notwithstanding such repeal, anything done or any action taken under the Tamil Nadu Goods and Services Tax Act, 2017, as amended by the said Ordinance, shall be deemed to have been done or taken under the said Act, as amended by this Act. Tamil Nadu Act

19 of 2017.

(By order of the Governor)

S.S. POOVALINGAM,

Secretary to Government, Law Department.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 13

The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 14th January 2019 and is hereby published for general information:—

ACT No. 4 OF 2019. An Act further to amend the Tamil Nadu Value Added Tax Act, 2006.

B 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 Value Added Tax (Amendment) Act, 2019.

Short title and commence-

ment.

(2) It shall be deemed to have come into force on the 30th day of July, 2018. Tamil Nadu Act

32 of 2006.

2. In the Second Schedule to the Tamil Nadu Value Added Tax Act, 2006,—

(1) for Serial No.3 and the entries relating thereto in columns (2), (3) and (4), the following shall, respectively, be substituted:-

Amendment

of Second

Schedule.

"3. Foreign liquors, that is to say, wines, spirits, and beers, imported into India from foreign countries and dealt with under the Customs Tariff Act, 1975 (Central Act 51 of 1975) or under any other law for the time being in force relating to the duties of customs on goods imported into India.

At the point

of fi rst sale

in the State.

58 per cent.

At the

second point

of sale in the

State.

14.5 per cent.".

(2) after the Explanation I, the following Explanation shall be inserted, namely:—

"Explanation IA.—For the purpose of levy of tax on the goods specifi ed against Serial No.3, at the second point of sale in the State, the total turnover of that goods shall be taken into account.".

(By order of the Governor)

S.S. POOVALINGAM,

Secretary to Government, Law Department.

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14 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 15

The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 14th January 2019 and is hereby published for general information:—

ACT No. 5 OF 2019. An Act further to amend the Tamil Nadu Panchayats Act, 1994.

B 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 Panchayats (Amendment) Act, 2019.

Short title and

commence-

ment.

(2) It shall be deemed to have come into force on the 31stday of December 2018.

Tamil Nadu Act

21 of 1994.

2. In section 261-A of the Tamil Nadu Panchayats Act, 1994, for the expression "upto the 31st day of December 2018", the expression "upto the 30th day of June 2019" shall be substituted.

Amendment of

section 261-A.

Tamil Nadu

Ordinance 4

of 2018.

3. (1) The Tamil Nadu Panchayats (Third Amendment) Ordinance, 2018 is hereby repealed.

Repeal and

saving.

Tamil Nadu Act

21 of 1994.

(2) Notwithstanding such repeal, anything done or any action taken under the Tamil Nadu Panchayats Act, 1994, as amended by the said Ordinance, shall be deemed to have been done or taken under the said Act, as amended by this Act.

(By order of the Governor)

S.S. POOVALINGAM,

Secretary to Government, Law Department.

15

16 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

16

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 17

The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 14th January 2019 and is hereby published for general information:—

ACT No. 6 OF 2019. An Act further to amend the laws relating to the Municipal Corporations and Municipalities in the State of Tamil Nadu.

B it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-ninth Year of the Republic of India as follows:—

PART - I.

PRELIMINARY.

1. (1) This Act may be called the Tamil Nadu Municipal Laws (Amendment) Act, 2019.

(2) It shall be deemed to have come into force on the 31st day of December 2018. Short title and

commence-

ment.

PART - II.

AMENDMENT TO THE CHENNAI CITY MUNICIPAL CORPORATION ACT, 1919.

Tamil Nadu Act IV of

1919.

2. In section 414-B of the Chennai City Municipal Corporation Act, 1919, for the expression "upto the 31st day of December 2018", the expression "upto the 30th day of June 2019" shall be substituted.

Amendment of

section

414-B.

PART - III.

AMENDMENT TO THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920.

Tamil Nadu Act V of

1920.

3. In section 375-B of the Tamil Nadu District Municipalities Act, 1920, for the expression "upto the 31stday of December 2018", the expression "upto the 30th day of June 2019" shall be substituted.

Amendment

of section

375-B.

PART - IV.

AMENDMENT TO THE MADURAI CITY MUNICIPAL CORPORATION ACT, 1971.

Tamil Nadu Act 15 of

1971.

4. In section 510-AAA of the Madurai City Municipal Corporation Act, 1971, for the expression "upto the 31stday of December 2018", the expression "upto the 30th day of June 2019" shall be substituted.

Amendment of

section 510-

AAA.

PART - V.

AMENDMENT TO THE COIMBATORE CITY MUNICIPAL CORPORATION ACT, 1981.

Tamil Nadu Act 25 of

1981.

5. In section 511-AAA of the Coimbatore City Municipal Corporation Act, 1981, for the expression "upto the 31stday of December 2018", the expression "upto the 30th day of June 2019" shall be substituted.

Amendment of

section 511-

AAA.

PART - VI.

AMENDMENT TO THE TIRUCHIRAPPALLI CITY MUNICIPAL CORPORATION

ACT, 1994.

Tamil Nadu Act 27 of

1994.

6. In section 10-A of the Tiruchirappalli City Municipal Corporation Act, 1994, for the expression "upto the 31stday of December 2018", the expression "upto the 30th day of June 2019" shall be substituted.

Amendment

of section

10-A.

17-Ex-IV-2—3

17

18 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

PART - VII.

AMENDMENT TO THE TIRUNELVELI CITY MUNICIPAL CORPORATION ACT, 1994.

Amendment of section 10-A.

7. In section 10-A of the Tirunelveli City Municipal Corporation Act, 1994, for the expression "upto the 31st day of December 2018", the expression "upto the 30th day of June 2019" shall be substituted.

Tamil Nadu Act

28 of 1994.

PART - VIII.

AMENDMENT TO THE SALEM CITY MUNICIPAL CORPORATION ACT, 1994.

Amendment of section 10-A.

8. In section 10-A of the Salem City Municipal Corporation Act, 1994, for the expression

"upto the 31st day of December 2018", the expression "upto the 30th day of June 2019"

shall be substituted.

Tamil Nadu Act

29 of 1994.

PART - IX.

AMENDMENT TO THE TIRUPPUR CITY MUNICIPAL

CORPORATION ACT, 2008.

Amendment of section 9-A.

9. In section 9-A of the Tiruppur City Municipal Corporation Act, 2008, for the expression "upto the 31st day of December 2018", the expression "upto the 30th day of June 2019" shall be substituted.

Tamil Nadu Act

7 of 2008.

PART - X.

AMENDMENT TO THE ERODE CITY MUNICIPAL

CORPORATION ACT, 2008.

Amendment of section 9-A.

10. In section 9-A of the Erode City Municipal Corporation Act, 2008, for the expression

"upto the 31st day of December 2018", the expression "upto the 30th day of June 2019"

shall be substituted.

Tamil Nadu Act

8 of 2008.

PART - XI.

AMENDMENT TO THE VELLORE CITY MUNICIPAL CORPORATION ACT, 2008.

Amendment of section 9-A.

11. In section 9-A of the Vellore City Municipal Corporation Act, 2008, for the expression "upto the 31st day of December 2018", the expression "upto the 30th day of June 2019" shall be substituted.

Tamil Nadu

Act 26 of

2008.

PART - XII.

AMENDMENT TO THE THOOTHUKUDI CITY MUNICIPAL CORPORATION ACT, 2008.

Amendment of section 9-A.

12. In section 9-A of the Thoothukudi City Municipal Corporation Act, 2008, for the expression "upto the 31st day of December 2018", the expression "upto the 30th day of June 2019" shall be substituted.

Tamil Nadu

Act 27 of

2008.

PART - XIII.

AMENDMENT TO THE THANJAVUR CITY MUNICIPAL CORPORATION ACT, 2013.

Amendment of section 9-A.

13. In section 9-A of the Thanjavur City Municipal Corporation Act, 2013, for the expression "upto the 31st day of December 2018", the expression "upto the 30th day of June 2019" shall be substituted.

Tamil Nadu

Act 24 of

2013.

PART - XIV.

AMENDMENT TO THE DINDIGUL CITY MUNICIPAL CORPORATION ACT, 2013.

Amendment of section 9-A.

14. In section 9-A of the Dindigul City Municipal Corporation Act, 2013, for the expression "upto the 31stday of December 2018", the expression "upto the 30th day of June 2019" shall be substituted.

Tamil Nadu

Act 25 of

2013.

18

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 19

Tamil Nadu

Ordinance

5 of 2018.

15. (1) The Tamil Nadu Municipal Laws (Sixth Amendment) Ordinance, 2018 is hereby repealed.

Repeal and

saving.

Tamil Nadu

Act IV of

1919.

Tamil Nadu Act V of

1920.

Tamil Nadu Act 15 of

1971.

Tamil Nadu Act 25 of

1981.

Tamil Nadu Act 27 of

1994.

Tamil Nadu Act 28 of

1994.

Tamil Nadu Act 29 of

1994

Tamil Nadu Act 7 of

2008.

Tamil Nadu Act 8 of

2008.

Tamil Nadu Act 26 of

2008.

Tamil Nadu Act 27 of

2008.

Tamil Nadu Act 24 of

2013.

Tamil Nadu Act 25 of

2013.

(2) Notwithstanding such repeal, anything done or any action taken under the Chennai City Municipal Corporation Act, 1919, the Tamil Nadu District Municipalities Act, 1920, the Madurai City Municipal Corporation Act, 1971, the Coimbatore City Municipal Corporation Act, 1981, the Tiruchirappalli City Municipal Corporation Act, 1994, the Tirunelveli City Municipal Corporation Act, 1994, the Salem City Municipal Corporation Act, 1994, the Tiruppur City Municipal Corporation Act, 2008, the Erode City Municipal Corporation Act, 2008, the Vellore City Municipal Corporation Act, 2008, the Thoothukudi City Municipal Corporation Act, 2008, the Thanjavur City Municipal Corporation Act, 2013 and the Dindigul City Municipal Corporation Act, 2013, as amended by the said Ordinance, shall be deemed to have been done or taken under the respective Acts, as amended by this Act.

(By order of the Governor)

S.S. POOVALINGAM,

Secretary to Government, Law Department.

17-Ex-IV-2—3a

19

20 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

20

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 21

Supplementary

appropriation out

of the

Consolidated

Fund of the State

for the services

and purposes of

the financial year

which

commenced on the

1st day of April

2018.

Short title. the supplementary expenditure (b) the supplementary grants made by the Tamil Nadu Legislative Assembly for that year, as set forth in column (3) of the Schedule; and (a)

2. The State Government may appropriate out of the Consolidated Fund of the State for the services and purposes of the financial year which commenced on the 1st day of April 2018, a further sum not exceeding Six thousand four hundred and thirty one crore seventeen lakh two thousand rupees, being moneys required to meet--

1. This Act may be called the Tamil Nadu Appropriation Act, 2019. 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:-

on the Consolidated Fund of the Statecharged

for that year, as set forth in column (4) of the Schedule.

The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 14th January 2019 and is hereby published for general information:—

ACT No. 7 OF 2019. An Act to Provide for the appropriation of certain further moneys out of the Consolidated Fund of the State for the services and purposes of the fi nancial year which commenced on the 1st day of April 2018.

21

22 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Demand

Number

Services and Purposes

Sums not exceeding

(4)

Voted by the Legislative Assembly

Total Charged on the Consolidated Fund of the State

(5)(3)(2)(1)

THE SCHEDULE.

(See section 2).

STATE LEGISLATURE ... 5,000

......

......

Revenue Capital Loan

1

5,000

...

...

GOVERNOR AND COUNCIL OF MINISTERS 1,000...

......

......

Revenue Capital Loan

2

1,000

...

...

ADMINISTRATION OF JUSTICE 14,47,71,000 80,24,000

......

......

Revenue Capital Loan

3

15,27,95,000

...

...

ADI-DRAVIDAR AND TRIBAL WELFARE DEPARTMENT ... 8,32,53,000

... 2,000

......

Revenue Capital Loan

4

8,32,53,000

2,000

...

AGRICULTURE DEPARTMENT ... 24,49,80,000

... 5,000

......

Revenue Capital Loan

5

24,49,80,000

5,000

...

ANIMAL HUSBANDRY (Animal Husbandry, Dairying and Fisheries Department)

... 1,00,14,000

......

......

Revenue Capital Loan

6

1,00,14,000

...

...

FISHERIES (Animal Husbandry, Dairying and Fisheries Department)

... 1,63,96,000

... 5,000

......

Revenue Capital Loan

7

1,63,96,000

5,000

...

BACKWARD CLASSES, MOST BACKWARD CLASSES

AND MINORITIES WELFARE DEPARTMENT

... 3,00,21,000

......

......

Revenue Capital Loan

9

3,00,21,000

...

...

COMMERCIAL TAXES (Commercial Taxes and Registration Department)

... 10,24,04,000

......

......

Revenue Capital Loan

10

10,24,04,000

...

...

STAMPS AND REGISTRATION (Commercial Taxes and Registration Department)

... 18,66,04,000

......

......

Revenue Capital Loan

11

18,66,04,000

...

...

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 23

Demand

Number

Services and Purposes

Sums not exceeding

(4)

Voted by the Legislative Assembly

Total Charged on the Consolidated Fund of the State

(5)(3)(2)(1)

CO-OPERATION (Co-operation, Food and Consumer Protection Department)

... 7,16,40,000

... 255,62,10,000

......

Revenue Capital Loan

12

7,16,40,000

255,62,10,000

...

FOOD AND CONSUMER PROTECTION (Co-operation, Food and Consumer Protection Department)

... 21,85,13,000

... 29,87,00,000

......

Revenue Capital Loan

13

21,85,13,000

29,87,00,000

...

ENERGY DEPARTMENT ... 6,00,00,000

......

......

Revenue Capital Loan

14

6,00,00,000

...

...

ENVIRONMENT (Environment and Forests Department) ... 3,000

......

......

Revenue Capital Loan

15

3,000

...

...

FINANCE DEPARTMENT ... 38,51,22,000

... 5,78,72,000

... 12,50,000

Revenue

Capital

Loan

16

38,51,22,000

5,78,72,000

12,50,000

HANDLOOMS AND TEXTILES (Handlooms, Handicrafts, Textiles and Khadi Department)

... 4,000

......

......

Revenue Capital Loan

17

4,000

...

...

KHADI, VILLAGE INDUSTRIES AND HANDICRAFTS

(Handlooms, Handicrafts, Textiles and Khadi Department)

... 20,05,000

......

......

Revenue Capital Loan

18

20,05,000

...

...

HEALTH AND FAMILY WELFARE DEPARTMENT ... 27,69,90,000

... 1,50,00,000

......

Revenue Capital Loan

19

27,69,90,000

1,50,00,000

...

HIGHER EDUCATION DEPARTMENT ... 45,41,000

... 4,000

... 35,11,26,000

Revenue

Capital

Loan

20

45,41,000

4,000

35,11,26,000

HIGHWAYS AND MINOR PORTS DEPARTMENT 13,81,000 10,000

75,81,50,000 4,18,27,000

... 63,00,000

Revenue

Capital

Loan

21

13,91,000

79,99,77,000

63,00,000

24 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Demand

Number

Services and Purposes

Sums not exceeding

(4)

Voted by the Legislative Assembly

Total Charged on the Consolidated Fund of the State

(5)(3)(2)(1)

POLICE (Home, Prohibition and Excise Department) ... 11,12,18,000

... 3,000

......

Revenue Capital Loan

22

11,12,18,000

3,000

...

FIRE AND RESCUE SERVICES (Home, Prohibition and Excise Department)

... 9,000

... 1,000

......

Revenue Capital Loan

23

9,000

1,000

...

PRISONS (Home, Prohibition and Excise Department) ... 68,57,000

......

......

Revenue Capital Loan

24

68,57,000

...

...

MOTOR VEHICLES ACTS-ADMINISTRATION (Home, Prohibition and Excise Department)

... 3,000

......

......

Revenue Capital Loan

25

3,000

...

...

HOUSING AND URBAN DEVELOPMENT DEPARTMENT ... 4,000

... 2,000

......

Revenue Capital Loan

26

4,000

2,000

...

INDUSTRIES DEPARTMENT 10,68,54,000 7,46,85,000

......

... 299,62,43,000

Revenue

Capital

Loan

27

18,15,39,000

...

299,62,43,000

INFORMATION AND PUBLICITY (Tamil Development and Information Department)

... 8,71,94,000

......

......

Revenue Capital Loan

28

8,71,94,000

...

...

TOURISM - ART AND CULTURE (Tourism, Culture and Religious Endowments Department)

... 34,000

... 2,000

......

Revenue Capital Loan

29

34,000

2,000

...

STATIONERY AND PRINTING (Tamil Development and Information Department)

... 8,000

... 8,05,28,000

......

Revenue Capital Loan

30

8,000

8,05,28,000

...

INFORMATION TECHNOLOGY DEPARTMENT ... 1,00,04,000

......

......

Revenue Capital Loan

31

1,00,04,000

...

...

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 25

Demand

Number

Services and Purposes

Sums not exceeding

(4)

Voted by the Legislative Assembly

Total Charged on the Consolidated Fund of the State

(5)(3)(2)(1)

LABOUR AND EMPLOYMENT DEPARTMENT 9,25,00,000 21,50,28,000

... 4,000

......

Revenue Capital Loan

32

30,75,28,000

4,000

...

LAW DEPARTMENT ... 11,87,03,000

......

......

Revenue Capital Loan

33

11,87,03,000

...

...

MUNICIPAL ADMINISTRATION AND WATER SUPPLY

DEPARTMENT

... 5,16,91,000

......

......

Revenue Capital Loan

34

5,16,91,000

...

...

PERSONNEL AND ADMINISTRATIVE REFORMS

DEPARTMENT

32,97,000 2,17,26,000

... 5,04,00,000

......

Revenue Capital Loan

35

2,50,23,000

5,04,00,000

...

PLANNING, DEVELOPMENT AND SPECIAL INITIATIVES

DEPARTMENT

... 3,62,61,000

......

......

Revenue Capital Loan

36

3,62,61,000

...

...

PROHIBITION AND EXCISE (Home, Prohibition and Excise Department)

... 1,000

......

......

Revenue Capital Loan

37

1,000

...

...

PUBLIC DEPARTMENT ... 6,64,10,000

......

......

Revenue Capital Loan

38

6,64,10,000

...

...

BUILDINGS (Public Works Department) ... 2,50,04,000

... 17,000

......

Revenue Capital Loan

39

2,50,04,000

17,000

...

IRRIGATION (Public Works Department) 11,03,62,000 30,06,000

57,74,80,000 3,78,60,000

......

Revenue Capital Loan

40

11,33,68,000

61,53,40,000

...

REVENUE AND DISASTER MANAGEMENT

DEPARTMENT

... 28,93,000

5,63,45,000...

......

Revenue Capital Loan

41

28,93,000

5,63,45,000

...

26 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

RURAL DEVELOPMENT AND PANCHAYAT RAJ

DEPARTMENT

... 10,000

... 1,000

......

Revenue Capital Loan

42

10,000

1,000

...

SCHOOL EDUCATION DEPARTMENT ... 9,69,48,000

... 1,000

......

Revenue Capital Loan

43

9,69,48,000

1,000

...

MICRO, SMALL AND MEDIUM ENTERPRISES

DEPARTMENT

... 4,24,60,000

......

......

Revenue Capital Loan

44

4,24,60,000

...

...

SOCIAL WELFARE AND NUTRITIOUS MEAL

PROGRAMME DEPARTMENT

... 16,42,84,000

... 14,17,12,000

......

Revenue Capital Loan

45

16,42,84,000

14,17,12,000

...

TAMIL DEVELOPMENT (Tamil Development and Information Department)

... 5,08,09,000

......

......

Revenue Capital Loan

46

5,08,09,000

...

...

HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS

(Tourism, Culture and Religious Endowments Department)

......

... 308,70,00,000

......

Revenue Capital Loan

47 ...

308,70,00,000

...

TRANSPORT DEPARTMENT ... 198,66,03,000

... 79,27,27,000

... 720,36,31,000

Revenue

Capital

Loan

48

198,66,03,000

79,27,27,000

720,36,31,000

YOUTH WELFARE AND SPORTS DEVELOPMENT

DEPARTMENT

... 2,00,04,000

... 1,00,00,000

......

Revenue Capital Loan

49

2,00,04,000

1,00,00,000

...

PENSION AND OTHER RETIREMENT BENEFITS 1,000 149,54,44,000

......

......

Revenue Capital Loan

50

149,54,45,000

...

...

RELIEF ON ACCOUNT OF NATURAL CALAMITIES ... 3,470,94,16,000

......

......

Revenue Capital Loan

51

3,470,94,16,000

...

...

Demand Number Services and Purposes Sums not exceeding

(4)

Voted by the Legislative Assembly

Total Charged on the Consolidated Fund of the State

(5)(3)(2)(1)

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 27

DEPARTMENT FOR THE WELFARE OF DIFFERENTLY

ABLED PERSONS

... 45,26,000

......

......

Revenue Capital Loan

52

45,26,000

...

...

FORESTS (Environment and Forests Department) ... 45,20,000

... 14,000

... 39,95,00,000

Revenue

Capital

Loan

54

45,20,000

14,000

39,95,00,000

DEBT CHARGES 305,57,21,000...

......

......

Revenue Capital Loan

305,57,21,000

...

...

PUBLIC DEBT - REPAYMENT ......

......

17,06,00,000...

Revenue

Capital

Loan

...

...

17,06,00,000

4,462,11,80,000 4,110,62,92,000

856,18,72,000

1,112,86,50,000

Revenue

Capital

Loan

Total

Grand Total 6,431,17,02,000

716,98,97,000

1,095,80,50,000

5,923,42,39,000

351,48,88,000

139,19,75,000

17,06,00,000

507,74,63,000

Demand

Number

Services and Purposes Sums not exceeding

(4)

Voted by the Legislative Assembly

Total Charged on the Consolidated Fund of the State

(5)(3)(2)(1)

(By order of the Governor)

S.S. POOVALINGAM,

Secretary to Government, Law Department.

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

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU