LexThe Tamil Nadu Protected Agricultural Zone Development Act, 2020
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The Tamil Nadu Protected Agricultural Zone Development Act, 2020
Act No. 11 of 2020
Keyword(s):
Agricultureal Land, District, Collector, Zone
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[37]Ex-IV-2—268-78—1
The following Act of the Tamil Nadu Legislative Assembly received the
assent of the Governor on the 21st February 2020 and is hereby
published for general information:—
ACT No. 11 OF 2020.
No. 78] chENNAI , FrIdAy , FEbruAry 21, 2020
Massi 9, Vikari, Thiruvalluvar Aandu–2051
TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY PubLIShEd by AuThOrITy
© [Regd. No. TN/CCN/467/2012-14.
GOVErNMENT OF TAMIL NAdu [R. Dis. No. 197/2009.
2020 [Price: Rs. 4.80 Paise.
Part IV—Section 2
Tamil Nadu Acts and Ordinances
An Act to protect the agricultural lands in the Cauvery Delta
Region of the State of Tamil Nadu.
Be it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Seventy-first Year of the Republic of India as
follows:—
1. (1) This Act may be called the Tamil Nadu Protected
Agricultural Zone development Act, 2020.
Short title and
commencement.
(2) It shall come into force at once.
2. In this Act, unless the context otherwise requires,— Definitions.
(a) “agriculture” means growing or cultivation of plants or
crops, production of agriculture, horticulture, apiculture, sericulture
or forest produce or any other such activity for the purpose of food,
fodder, fibre, bio-fuel and raw materials for agro-industries;
(b) “agricultural land” means all land that is used for the
purpose of agriculture;
(c) “Authority” means the Tamil Nadu Protected
Agricultural Zone Development Authority constituted under section 5;
(d) “District” means the revenue district;
Ex-IV-2—268-78—1a
Ex-IV-2—268-78—2
Ex-IV-2—268-78—2
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Tamil nadu governmenT gazeTTe exTraordinary
(e) “district collector” means the district collector or any
other officer authorised by the Government to perform the functions
of the District Collector;
(f) “Government” means the State Government;
(g) “prescribed” means prescribed by rules;
(h) “protected agricultural zone” means the area specified in
the First Schedule;
(i) “Schedule” means the Schedule appended to this Act;
(j) “State” means the State of Tamil Nadu.
develoment of
Agriculture.
3. The Government shall take necessary steps,—
(a) to use the available agricultural lands for sustainable
development of agriculture and ensure that the agricultural activities
are not unduly constrained by non-agricultural use or other
development;
(b) to develop the protected agricultural zone through
integrated farming and enhanced cultivation practices by promotion
of technologies to increase production and productivity of crops and
farms;
(c) to promote optimum usage of water including flood
management and other inputs in the field of agriculture;
(d) to promote agro-based and allied industries for
sustainable agricultural development; and
(e) to promote research and development including skill
building in the field of agriculture and allied sectors.
Prohibition. 4. (1) No person shall undertake any new project or new
activity specified in the Second Schedule in the protected agricultural
zone.
(2) Nothing contained in sub-section (1) shall,—
(a) affect the activities or projects in operation in the
protected agricultural zone before the date of coming into force of
this Act;
(b) affect infrastructure developments in the
protected agricultural zone such as harbour, pipelines, road,
tele communications, power, water supply and other utilities.
constitution of
Authority.
5. (1) There shall be an Authority, by the name, the Tamil Nadu
Protected Agricultural Zone develoment Authority, consisting of the
following members to carry out the purposes of this Act:—
(i) The Chief Minister – Chairperson;
(ii) The Deputy Chief Minister – Member;
(iii) The Minister for Finance – Member;
(iv) The Minister for Law – Member;
(v) The Minister for Agriculture – Member;
(vi) The Minister for Environment – Member;
(vii) The Minister for rural development and Local
Administration – Member;
(viii) The Minister for Industries – Member;
(ix) The Minister for Rural Industries – Member;
TAMIL NAdu GOVErNMENT GAZETTE ExTrAOrdINAry 39
(x) The Minister for Animal Husbandry – Member ;
(xi) The Minister for Fisheries – Member;
(xii) The chief Secretary to Government – Member,
Ex-officio;
(xiii) The Agricultural Production commissioner and
Secretary to Government, Agriculture department –
Member-Secretary, Ex-officio;
(xiv) The Secretary to Government, Finance department –
Member, Ex-officio;
(xv) The Secretary to Government, Animal husbandry,
dairying and Fisheries department – Member,
Ex-officio;
(xvi) The Secretary to Government, Industries
Department – Member, Ex-officio;
(xvii) The Secretary to Government, rural development
and Panchayat raj department – Member,
Ex-officio;
(xviii) The Secretary to Government, Environment and
Forest Department – Member, Ex-officio;
(xix)The Secretary to Government, housing and urban
Development Department – Member, Ex-officio;
(xx) The Secretary to Government, Public Works
Department – Member, Ex-officio;
(xxi) The Vice-chancellor, Tamil Nadu Agricultural
University – Member, Ex-officio;
(xxii) A Member of Parliament and two Members of
Legislative Assembly representing the protected
agricultural zone to be nominated by the
Government – Members;
(xxiii) Three representatives of farmers to be nominated
by the Government – Members;
(xxiv) One expert each in the field of Agricultural Science,
horticultural Science and Veterinary and Animal
Science to be nominated by the Government –
Members.
(2) The headquarters of the Authority shall be at chennai.
(3) The Authority shall be a body corporate having perpetual
succession and a common seal, and shall by the said name sue and
be sued.
6. (1) A nominated member shall hold office for a period of
three years from the date of his nomination and he is eligible for
re-nomination:
Provided that the Member of Parliament and the Members of
Legislative Assembly shall hold office for a period of one year or
till the expiry of his term of office, whichever is earlier and shall be
eligible for re-nomination.
(2) A nominated member may, by writing under his hand
addressed to the Government, resign his office, but he shall continue
to hold office until his resignation is accepted by the Government.
(3) When the office of a nominated member becomes
vacant by resignation, death, removal, disqualification or otherwise,
the Government shall nominate within two months a new member to
fill such vacancy.
Terms and
conditions of
appointment
of nominated
members of
Authority.
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Tamil nadu governmenT gazeTTe exTraordinary
(4) The Government may remove a nominated member
from his office, if he incurs any one of the disqualifications specified
below, namely:—
(a) becomes an un-discharged insolvent; or
(b) is convicted and sentenced to imprisonment for an
offence; or
(c) becomes of unsound mind and stands so declared
by a competent court.
(5) The nominated members shall be eligible to draw such
rate of sitting fee and travelling allowance, as may be prescribed.
Meetings of
Authority.
7. (1) The Authority shall meet, as often as may be necessary,
at such time and place and observe such rules of procedure as may
be decided by the chairperson:
Provided that the Authority shall meet at least twice in a
year.
(2) The chairperson shall preside over the meeting of the
Authority.
(3) In the absence of the chairperson, members present
shall elect one among themselves to preside over the meeting.
(4) The quorum for the meeting shall be fifty per cent of the
members of the Authority.
(5) Notice of the meetings of the Authority, the place and
procedure regarding transactions of business of the Authority shall
be such as may be decided by the chairperson.
Functions of
Authority.
8. The Authority shall perform the following functions, namely:–
(a) suggest measures for fostering the infrastructure for
food security;
(b) recommend policies for the protection and development
of agriculture and its allied activities;
(c) recommend schemes for irrigation and flood
management in the protected agricultural zone;
(d) take necessary steps to increase agricultural production
and productivity;
(e) facilitate the promotion of agro-based and allied
industries in the protected agricultural zone;
(f) suggest measures for preserving agricultural lands for
farming and allied activities for providing stability to the farming
economy;
(g) recommend steps for augmenting water resources
through efficient rain water harvesting methods, such as creation of
adequate water storage structures, creation of farm ponds in private
lands and check dams;
(h) suggest measures for efficient water use in agriculture
including micro irrigation especially in water intensive crops;
(i) recommend various measures for improving the soil
health, such as adoption of integrated farming system, green
manuring, soil test based fertilizer application, alternate cropping,
rice fallow pulses and integrated pest management practices;
(j) suggest measures for efficient use of solar energy for the
purpose of irrigation and value addition;
TAMIL NAdu GOVErNMENT GAZETTE ExTrAOrdINAry 41
(k) give recommendations on direct marketing of farm
products, such as farmers’ markets and outlets for Farmer Producer
Organizations, to increase the farm income;
(l) promote activities that supply inputs and process farm
produces relating to agriculture and allied sectors;
(m) explore various ways to promote the establishment of
Food Parks and Agro Processing clusters which generate additional
income to farmers of the protected agricultural zone;
(n) promote optimum usage of agricultural machinery in
the protected agricultural zone to enhance efficiency of farming
operations;
(o) initiate various studies, on factors contributing to
increase in agricultural production and productivity and on impact
of specific measures taken up by the Government in the protected
agricultural zone;
(p) recommend measures to provide adequate sustainable
employment opportunities to agricultural labourers;
(q) promote agro forestry and social forestry in the protected
agricultural zone;
(r) formulate development projects in the above areas and to
seek funds for such projects; and
(s) perform such other functions, as may be prescribed.
9. (1) There shall be a district Level committee, to assist the
Authority, consisting of the following members, namely:–
(a) district collector – chairperson,
Ex-officio;
(b) Joint director of Agriculture – convenor,
Ex-officio;
(c) Joint director of Animal husbandry– Member,
Ex-officio;
(d) deputy director of horticulture – Member,
Ex-officio;
(e) deputy director of Agricultural – Member,
Marketing and Agri-Business Ex-officio;
(f) deputy director of Fisheries – Member,
Ex-officio;
(g) District Forest Officer – Member,
Ex-officio;
(h) Executive Engineer (Agricultural – Member,
Engineering) Ex-officio;
(i) district Environmental Engineer – Member,
Ex-officio;
(j) Executive Engineer, Water – Member,
Resources Organisation Ex-officio;
(k) Superintending Engineer, – Member,
Tamil Nadu Generation and Ex-officio; and
distribution corporation Limited
(l) Two representatives of the farmers nominated by
the district collector.
constitution of
district Level
committee.
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Tamil nadu governmenT gazeTTe exTraordinary
(2) A nominated member shall hold office for a period of
three years from the date of his nomination and he is eligible for
re-nomination.
(3) A nominated member may, by writing under his hand
addressed to the District Collector, resign his office, but he shall
continue to hold office until his resignation is accepted by the District
collector.
(4) When the office of a nominated member becomes
vacant by resignation, death, removal, disqualification or otherwise,
the district collector shall nominate within two months a new member
to fill such vacancy.
(5) The district collector may remove a nominated member
from his office, if he incurs any one of the disqualifications specified
below, namely:—
(a) becomes an un-discharged insolvent; or
(b) is convicted and sentenced to imprisonment for an
offence; or
(c) becomes of unsound mind and stands so declared
by a competent court.
(6) The nominated members shall be eligible to draw such
rate of sitting fee and travelling allowance, as may be prescribed.
Functions of
district Level
comittee.
10. (1) The district Level committee shall carry out the
directions given by the Authority and shall assist the Authority in
discharging its functions in the district.
(2) The district Level committee may seek the opinion of
experts in the relevant fields, as deemed necessary, in the discharge
of its functions.
Fund of Authority. 11. (1) The Authority shall have a fund to be called the
Tamil Nadu Protected Agricultural Zone development Fund.
(2) All moneys paid by the Government from the
consolidated Fund of the State shall be credited to the fund.
(3) All moneys received by the Authority shall be deposited
in the State bank of India or in any other nationalised bank or
co-operative bank, as may be prescribed.
Expenditure. 12. The expenditure incurred by the Authority for meeting the
salaries and allowances, including contingencies of the employees
serving under the Authority shall be defrayed out of the fund.
Audit. 13. (1) The accounts of the Authority shall be maintained in
such form and in such manner as may be prescribed.
(2) The Authority shall prepare an annual statement of
accounts in such form and in such manner as may be prescribed.
(3) The accounts of the Authority shall be audited once in
a year by a person duly qualified to act as an auditor of a company
under the companies Act, 2013.
(4) The accounts of the Authority as certified by the auditor
together with audit report along with the remarks of the Authority
thereon shall be forwarded to the Government within such time, as
may be prescribed.
central Act 18 of
2013.
TAMIL NAdu GOVErNMENT GAZETTE ExTrAOrdINAry 43
(5) The Government may, by order, direct the Authority to
take such action as may be specified in the order to remedy, within
such time as may be specified therein, the defects, if any, disclosed
in the audit report, and the Authority shall comply with such direction.
14. (1) The Authority shall, as soon as may be, after the end of
each financial year, prepare and submit to the Government, before
such date and in such form, as may be prescribed, a report giving an
account of its activities during the previous year and the report shall
also give an account of the activities, if any, which are likely to be
undertaken by the Authority in the current financial year.
Annual report.
(2) The Government shall cause every such report to be laid
before the Legislative Assembly, as soon as may be, after its receipt
under sub-section (1).
15. No act or proceedings of the Authority or a district Level
committee shall be invalid by reason only of the existence of any
vacancy amongst its members or any defect in the constitution
thereof.
Proceedings of
Authority or
district Level
committee not
to be invalidated.
16. Any person who contravenes the provisions of section 4
shall be punishable with imprisonment for a term which may extend
to five years but shall not be less than six months and with fine
which may extend to rupees fifty lakhs, but shall not be less than
rupees ten lakhs and in the case of continuing contravention, with an
additional fine which may extend to rupees fifty thousand for every
day of such contravention.
Penalty.
17. (1) Where an offence under this Act has been committed by
a company, every person who, at the time the offence was committed,
was in charge of, and was responsible to, the company for the
conduct of the business of the company, as well as the company,
shall be deemed to be guilty of the contravention and shall be liable
to be proceeded against and punished accordingly:
Provided that nothing in this sub-section shall render any
such person liable to any punishment, if he proves that the offence
was committed without his knowledge or that he exercised all due
diligence to prevent commission of such offence.
(2) Notwithstanding anything contained in sub-section (1),
where an offence under this Act has been committed by a company,
and it is proved that the offence was committed with the consent or
connivance of, or is attributable to any neglect on the part of any
director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall also be deemed to
be guilty of that offence and shall be liable to be proceeded against
and punished accordingly.
Explanations.– For the purposes of this section—
(a) "company" means any body corporate and includes a
firm or other association of individuals; and
(b) "director" in relation to a firm, means a partner in the
firm.
Offences by
companies.
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Tamil nadu governmenT gazeTTe exTraordinary
Power of entry,
search and
seizure.
18. (1) Any officer of the Revenue department not below the
rank of Revenue Divisional Officer or any officer authorized by the
Government in this regard or any Police Officer not below the rank
of deputy Superintendent of Police, who has reason to believe that
any activity is being carried out in the protected agricultural zone,
in contravention of the provisions of the Act with a view to ensure
the compliance of the provisions of the Act, enter and search any
premises and seize any material, machinery, equipment etc.,
deemed to have been used for such activity and a report regarding
such seizure, whether prosecution has been initiated or not, shall be
given to the district Level committee having jurisdiction over that
area within forty eight hours of such seizure.
(2) All searches under the provisions of this Act shall be
made in accordance with the provisions of the code of criminal
Procedure, 1973.
central Act 2 of
1974.
Confiscation
of material,
machinery,
equipment.
19. (1) After obtaining a report under section 18 regarding
seizure, the District Level Committee may, if it thinks fit, order
confiscation of the objects seized.
(2) No order of confiscation under sub-section (1) shall be
made by the district Level committee, unless the owner thereof has
been given an opportunity of being heard.
(3) No order of confiscation under sub-section (1) shall be
invalid merely by reason of any defect or irregularity in the notice
given under sub-section (2), if the provisions have been substantially
complied with.
Overriding effect. 20. The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any State Law for the
time being in force.
Protection of action
taken in good
faith.
21. No suit, prosecution or other legal proceeding shall lie
against the Authority, district Level committee or its members or any
officer or other employee of the Authority or of the Government for
anything done or intended to be done in good faith under this Act.
Power to amend
Schedule.
22. (1) The Government may, by notification, add or omit any
area in the First Schedule and upon the issue of such notification, the
First Schedule shall be deemed to be amended accordingly.
(2) The Government may, on the recommendation of the
Authority, by notification, omit, or add any other project that
may adversely affect agricultural developments in the protected
agricultural zone in the Second Schedule, and upon the issue of such
notification, the Second Schedule shall be deemed to be amended
accordingly:
Provided that the Authority shall make such recommendation
based on the report of a technical committee, consisting of such
members, as may be prescribed.
Power to make
rules.
23. (1) The Government may make rules to carry out the
provisions of this Act.
(2) (a) All rules made under this Act shall be published in
the Tamil Nadu Government Gazette and unless they are expressed
to come into force on a particular day, shall come into force on the
day on which they are so published.
TAMIL NAdu GOVErNMENT GAZETTE ExTrAOrdINAry 45
(b) All notifications issued under this Act shall, unless they
are expressed to come into force on a particular day, shall come into
force on the day on which they are published.
(3) Every rule or order made or notification issued by the
Government under this Act shall, as soon as possible, after it is made
or issued, be placed on the Table of the Legislative Assembly, and
if, before the expiry of the session in which it is so placed or the next
session, the Assembly makes any modification in any such rule or
order or notification, or the Assembly decides that the rule or order
or notification should not be made or issued, the rule or order or
notification shall, thereafter, have effect only in such modified form
or be of no effect, as the case may be, so, however, that any such
modification or annulment shall be without prejudice to the validity
of anything previously done under that rule or order or notification.
24. If any difficulty arises in giving effect to any of the provisions
of this Act, the Government may, by an order published in the
Tamil Nadu Government Gazette, make such provisions not
inconsistent with the provisions of this Act, as may be necessary or
expedient for the purpose of removing the said difficulty:
Provided that no order under this section shall be made after
the expiry of two years from the date of commencement of this Act.
Power to remove
difficulties.
46
Tamil nadu governmenT gazeTTe exTraordinary
THE FIRST SCHEDULE.
[See sections 2(h) and 22(1)]
Area.
1. Thanjavur district.
2. Tiruvarur district.
3. Nagapattinam district.
4. Kattumannarkoil, Melbhuvanagiri, Keerapalayam, Parangipettai and Kumaratchi blocks of cuddalore
district.
5. Aranthangi, Avudaiyarkoil, Manamelkudi, Tiruvarangulam and Karambakudi blocks of Pudukkottai
district.
TAMIL NAdu GOVErNMENT GAZETTE ExTrAOrdINAry 47
THE SECOND SCHEDULE.
[See sections 4(1) and 22(2)]
Projects.
1. Zinc smelter.
2. Iron ore process plant, integrated steel plant and sponge iron plant.
3. copper smelter.
4. Aluminium smelter.
5. bone meal, processing of animal horn, hoofs and other body parts.
6. Tannery.
7. Exploration, drilling and extraction of oil and natural gas including coal-bed methane, shale gas and
other similar hydrocarbons.
8. Ship breaking Industry.
(by order of the Governor)
c. GOPI rAVIKuMAr,
Secretary to Government (FAC),
Law Department.PrINTEd ANd PubLIShEd by ThE dIrEcTOr OF STATIONEry ANd PrINTING , chENNAI
ON bEhALF OF ThE GOVErNMENT OF TAMIL NAdu