[ 39]

TAMIL NADU

GOVERNMENT GAZETTE

PUBLISHED BY AUTHORITY

No. 16]

CHENNAI, WEDNESDAY, APRIL 18, 2018

Chithirai 5, Vilambi, Thiruvalluvar Aandu–2049

©

[Regd. No. TN/CCN/467/2012-14

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2018

[Price : Rs. 5.60 Paise.

Part III—Section 1(a)

General Statutory Rules, Notifi cations, Orders, Regulations, etc.,

issued by Secretariat Departments.

NOTIFICATIONS BY GOVERNMENT

CONTENTS

DTP—III-1(a)-(16)—1

Pages.

CO-OPERATION, FOOD AND CONSUMER PROTECTION DEPARTMENT

Amendment to Schedules III, IV and V of the Tamil Nadu Co-operative Societies Rules ..

40-50

40-50

HOME, PROHIBITION AND EXCISE DEPARTMENT

HOME, PROHIBITION AND EXCISE DEPARTMENT

Amendment to the Tamil Nadu Liquor (Supply by wholesale) Rules ..

..

..

..

Amendment to the Tamil Nadu Liquor (Supply by wholesale) Rules ..

..

..

..

50-51

50-51

LABOUR AND EMPLOYMENT DEPARTMENT

LABOUR AND EMPLOYMENT DEPARTMENT

Amendments to the Tamil Nadu Industrial Establishments (Conferment of Permanent Status

to Workmen Rules

..

..

..

..

..

..

..

..

..

..

51

51

40

TAMIL NADU GOVERNMENT GAZETTE

[Part III—Sec. 1(a)

NOTIFICATIONS BY GOVERNMENT

CO-OPERATION, FOOD AND CONSUMER PROTECTION DEPARTMENT

Amendment to Schedules III, IV and V of the Tamil Nadu Co-operative Societies Rules.

[G.O. Ms. No. 40, Co-operation, Food and Consumer Protection (CJ1), 22nd March 2018, ðƒ°Q 8, «ýM÷‹H,

F¼õœÀõ˜ ݇´-2049.]

No. SRO A-16/2018.—In exercise of the powers conferred by sub-sections (1) and (2) of Section 180 of the Tamil Nadu

Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983), the Governor of Tamil Nadu hereby makes the following

amendment to the Tamil Nadu Co-operative Societies Rules, 1988:-

AMENDMENT

In the said Rules, for Schedules III, IV and V, the following Schedules shall be substituted, namely:-

SCHEDULE - III

(see rules 104, 107, 108, 109, 110, 168, 169, 170 and 171)

Fees chargeable for application, arbitration petition, appeal, revision, review and processes thereto

Rate of

Fees

Rs.

P.

(1)

Fees for arbitration plaint under rule 107 -

(a)

Plaint relating to monetary dispute:

(i) When the amount or value of the subject matter in dispute is Rs. 1,000/- or less

(ii) When the amount or value of the subject matter in dispute is more than Rs. 1,000/-

but does not exceed Rs.10,000/-

(iii) When the amount or value of the subject matter in dispute is more than Rs.10,000/-

but does not exceed Rs.50,000/-

(iv) When the amount or value of the subject matter in dispute is more than Rs.50,000/-

but does not exceed Rs.1,00,000/-

(v) (a) When the amount or value of the matter in dispute is more than Rs.1,00,000/-

100

150

250

500

1000

00

00

00

00

00

(b) Plaint relating to possession of immovable property resumed by the society from a

member for breach of conditions of assignment or allotment

100

00

(c) Plaint relating to non-monetary dispute

2000

00

(2)

Fees for application for grant of certifi cate under section 150 -

(a)

Where the amount, for which the certifi cate is sought for, is Rs. 1,000/- or less

100

00

(b)

Where the amount, for which the certifi cate is sought for, is more than Rs. 1,000/-

but does not exceed Rs.10,000/-

150

00

(c)

Where the amount, for which the certifi cate is sought for, is more than Rs. 10,000/-

but does not exceed Rs.50,000/-

250

00

(d)

Where the amount, for which the certifi cate is sought for, is more than Rs. 50,000/-

but does not exceed Rs.1,00,000/-

500

00

(e)

Where the amount, for which the certifi cate is sought for, is more than Rs.1,00,000/-

1000

00

(3)

Fees for appeal under rules 168 and 169

1000

00

(4)

Fees for revision under rule 169 -

(a)

Non-monetary matters other than the matters relating to or in connection with the constitution of

a board including election thereto-

Revision to the Registrar or to the Government

1000

00

Apr. 18, 2018]

TAMIL NADU GOVERNMENT GAZETTE

41

Rate of

F e e s

Rs. P.

(b)

Matters relating to or in connection with the constitution of a board including election thereto :-

Revision to the Registrar or to the Government

4000

00

(5)

Fees for review under rule 170

1000

00

(6)

Fees for other petitions and applications -

(a)

Petition for a decision under Section 7

250

00

(b)

Application for registration of a society under sub-section (1) of Section 8 -

(i) Primary Society

(ii) Central Society

(iii) Apex Society

2000

4000

8000

00

00

00

(c)

Application for amendment to by-laws under sub-section (2) of Section 11

500

00

(d)

Application for removal of a member under sub-clause (ii) of clause (a)

of sub-section (2) of Section 21

100

00

(e)

Application for decision regarding disqualifi cation of a member under

sub-section (4) of Section 23

100

00

(f)

Application against refusal of services under sub-section (2) of Section 24

100

00

(g)

Application for decision regarding disqualifi cation of member of the board under

sub-section (6) of Section 34

100

00

(h)

Application for inquiry or inspection or investigation under sub-section (1) of Section 81 or 82

100

00

(i)

Application for surcharge action under sub-section (1) of Section 87

100

00

(j)

Application under rules 168, 169 and 170 for correction of clerical or arithmetical mistakes

100

00

(k)

Petitions or applications under the provisions of the Act, rules or the by-laws

not specifi cally provided for

100

00

(7)

General -

(a)

Application fee for permission to engage lawyers

50

00

(b)

Fee for Vakkalat

100

00

(c)

Application fee for adjournment

100

00

(d)

Application fee for interim relief or stay

150

00

(8)

Fees for issue and service process by the Registrar, the Tribunal or the Government -

(a)

When sent by Registered post for each defendant, respondent or witness

80

00

(b)

When served by an Offi cer of Court or Government-

(i)

On a defendant, respondent or witness.

200

00

(ii)

On every additional defendant, respondent, witness residing in the same place

where the society is located, if process be applied for at the same time.

40

00

(c)

When handed over to party for service on a witness or witnesses:

One half

of the fee

payable

u n d e r

clause (b)

(ii) above,

Provided that in cases where there are several minor defendants or respondents represented by a single guardian,

there shall be a single service upon such guardian and one fee shall be chargeable therefor.

42

TAMIL NADU GOVERNMENT GAZETTE

[Part III—Sec. 1(a)

SCHEDULE IV

(see rule 117)

Schedule of fees chargeable for the process of execution.

PART - I

Details of the

process

Fees Chargeable

Remarks or Note

(1)

(2)

Rs. P.

(3)

Application fees

100.00

(i) All execution petitions whatever be the prayer in them (including

prayer for delivery of possession of immovable property resumed

for breach of the conditions of assignment on allotment; or for

rateable distribution of the sale proceeds of other executions

petitions) should be charged the application fees.

(ii) A fresh application fee should not be charged in respect of an

execution petition which was returned for rectifi cation of defects

and re-presented within the date fi xed for the purpose. But when

an execution petition is re-presented after the date fi xed for it,

a fresh application fee should be collected, unless the delay in

re-presentation is excused.

(iii) Each decree should be treated as a separate case. If an application

for execution covers more than one decree, it should be treated as

so many execution petitions as the number of decrees mentioned

in it and the requisite fees collected for each.

(iv) When a decree holder requires the issue of any process other

than that fi rst prayed for at the time of application, it shall be

construed as a fresh application and application fees shall be

levied.

PART II

Details of the

process

Fees Chargeable

Remarks or Note

(1)

(2)

Rs. P.

(3)

Eviction from immovable

property resumed under

rule 115

80. 00

PART III

Details of the process

Fees Chargeable

Remarks or Note

(1)

(2)

Rs. P.

(3)

Action against movable--

(1) Service of Notice No.3 -

(a) If served on the

date of distraint

(b) If served before

hand

No fee

40. 00

(2) Service of Demand

No. 2 –

(a) For the issue of notice by

the Registrar against a

single judgment - debtor

80. 00

Apr. 18, 2018]

TAMIL NADU GOVERNMENT GAZETTE

43

Details of the process

(1)

Fees Chargeable

(2)

Rs. P.

Remarks or Note

(3)

(c) For the service of

Demand Notice No.2 on

each party (irrespective

of the fact whether he is

the fi rst or subsequent

judgment-debtor)

40.00

If the decree amount is paid or the execution petition is struck

off for any other reason, after the issue of Demand Notice

No.2 but before the Service thereof, a Service fee of Rs.40.00

should not be collected. If the judgment-debtor changes his

residence subsequent to the issue of Notice No.2 but before

the Sale Offi cer goes to the place of distraint it is the duty of

the decree-holder to report the change in good time to facilitate

the notices being corrected suitably by the Registrar. If this is

done, fresh notices need not be issued nor fees be collected

for the correction made. But where the decree-holder reports

the change to the Sale Offi cer only after the latter has, gone

to the place of distraint, fresh Notice No.2 should be issued

and fee charged again for the issue. This is in addition to the

attachment (adjournment fee of Rs. 40.00)

( 3 ) F o r

a t t a c h m e n t

of movables of each

judgment-debtor

40.00

If the Sale Offi cer goes prepared for the attachment but the

attachment has to be deferred to a future date at the instance

of the decree - holder or the judgment-debtor, an attachment

(adjournment) fee of Rs.40.00 should nevertheless be charged:

Provided that if the sale offi cer had gone to the Village for

attachment in more cases than one and found it diffi cult to effect

attachment in respect of any particular case and was forced to

have it adjourned for want of time, no adjournment fee need be

charged for such a case. In such execution petition, a specifi c

fi nding should be recorded by the sale offi cer with reasons for

such an adjournment. Attachment (adjournment) fee has to be

charged for each attachment that is adjourned at the instance

of any or all of the parties to the execution proceedings. The

fee has to be charged for as many attachments as were

proposed to be taken up on the date fi xed according to the

Notice No.3. In an execution in which Notice No.3 has been

served on the decree-holder signifying the proposal to attach

the properties of three judgment-debtors on a particular date,

the decree-holder applied for adjournment of the distraint on

the date fi xed after the Sale Offi cer has gone to the Village,

the attachment (adjournment) fee to be charged is Rs.120.00

and not Rs.40.00. If in the same case, the distraint is effected

in respect of one judgment-debtor and adjourned in respect

of the remaining two others, still the fee due is Rs.120.00 as

shown below:-

Attachment fee : Rs.40.00

Attachment (adjournment) fee:Rs.80.00

If the name of only one judgment-debtor is mentioned in Notice

No.3, only a single fee should be charged. Despite the issue

of Notice No.3 in which only the name of one judgment-debtor

is mentioned, it is open to the decree-holder to request the

Sale Offi cer to take action against the other judgment-debtors

if he thinks such a course is necessary. In such cases, an

attachment or visit fee for all the judgment-debtors should be

charged severally.

44

TAMIL NADU GOVERNMENT GAZETTE

[Part III—Sec. 1(a)

Details of the process

(1)

Fees Chargeable

(2)

Rs. P.

Remarks or Note

(3)

(4) Service of Sale

Notice (Notice No.5) –

(a) For the fi rst judgment-

debtor

(b) For every additional

judgment-debtor on

whom notice is served

on the sale date

40.00

30.00

This notice should be issued on the date of distraint only on the

judgment-debtor or judgment-debtors. The other parties who

have to be made aware of date of sale, namely the sureties

for the custody of the distrained articles and the decree-holder

should be bound over on the spot and no fee should be

charged for this. If any such party insists on having a copy

of the inventory and Sale Notice in Forms 4 and 5, the same

may be given to him free of cost.

(c) Service of sale of

adjournment notice where

sales have to be adjourned at

the instance of the judgment-

debtor or the decree-holder

or the surety for the custody

of the distrained articles and

notices have to be issued

fi xing a fresh date for the

sale, notice fees for the fi rst

party (judgment-debtor)

40.00

(d) Service of Notice fees

for every additional party

irrespective of the fact

whether he is the decree-

holder or the surety for the

custody of distrained articles

30.00

(i) The notice may be sent by post.

(ii) Where however, the decree- holder is himself the surety

for the custody of the articles, it is not necessary to serve

two notices on him.

(iii) Where parties are bound over for the adjourned sale date

while granting the adjournment, no fee.

(5) Sales –

(a) Charges for beat of drum

for publicity prior to sale

per day for cash sale (for

mofussil only)

100.00

In Chennai City, charges for beat of drum at the rate levied

by the City Civil Court, Chennai should be collected.

(b) Sale fee for the sale of

the properties of each

judgment-debtor

80.00

(i) Where the Sale Offi cer goes prepared for the sale but the

sale has to be adjourned at the instance of any of the parties,

the sale (adjournment) fee of Rs.80.00 should nevertheless

be charged.

(ii) If on such date all the parties are bound over to the adjourned

sale date, no separate notice fee should be charged. If however

fresh notice is issued and served afterwards, fees should be

charged as in 4 (c) above.

(c) Release fee for each party

40.00

If the articles have to be released by the sale offi cer on the date fi xed

for sale after he has gone to the place (of sale) both the sale fee of

Rs. 80.00 and the release fee of Rs. 40.00 should be charged.

Part IV

Details of the process

Rate

Remarks or Note

(1)

(2)

(3)

Rs. P.

Action against

immovables –

(1) Demand Notice No. 6

(a) For the service of notice

by the Registrar against

a single judgment -debtor

80. 00

Apr. 18, 2018]

TAMIL NADU GOVERNMENT GAZETTE

45

Details of the process

(1)

Fees Chargeable

(2)

Rs. P.

Remarks or Note

(3)

(b) For the simultaneous

service of notice to each

additional judgment-

debtor

40. 00

If the properties to be proceeded against do not belong to

the same judgment-debtor full fees should be charged for

each judgment-debtor. In cases in which the decree-holder

society asks for urgent attachment of immovable properties,

dispensing with the prior issue and service of Notice

No. 6, emergent rates (i.e. rates at one and a half times the

scheduled rates) should be charged for all cases upto the stage

of attachment, unless the Registrar directs otherwise.

(c) Fees for the service of

Notice No. 6 on each

judgment-debtor

40.00

If the decree amount is satisfi ed and or the execution petition

struck off for any other reason after the issue of Notice No.6

but before the service thereof, service fee of Rs. 40.00 should

not be charged. If after either the Sale Offi cer or his Offi ce

Assistant had gone to the Village for service of Notices Nos. 6

and 7, the decree-holder reports full satisfaction, there is no

need to serve Notice No. 6 or to effect attachment of immovable

properties. But the service fee of Rs. 40.00 or the attachment

fee of Rs. 80.00 as the case may be will have to be charged

to cover the expenses of the journey made by the Sale Offi cer

or Offi ce Assistant. The fee will not be chargeable only if the

decree-holder reports full satisfaction in good time, before the

journeys are undertaken by them.

(2) Notice No. 7 –

(a) For the service of notice

by the sale offi cer against

a single judgment-debtor

40.00

If the decree amount is paid up or the execution petition is

struck off for any other reason after the issue of Notice No.7,

but before the service thereof, the attachment fee of Rs.80.00

should not be charged.

(ii) Notice Nos. 6 and 7 should not be sent by post.

(iii) The issue of Notice No.7 is not necessary in the case of

mortgage awards.

(b)For the simultaneous

service of the notice

against every additional

judgment-debtor

(c) For the attachment of

immovable properties of

each judgment-debtor

(d) For the publication of the

attachment by beat of

drum for each day (for

mofussil only)

(In the case of the City of

Chennai, charges for beat

of drum shall be at the

rate levied by the City Civil

Court, Chennai).

40.00

80.00

100.00

(3) Notice No.8 –

(a) Issue of Notice

80.00

Whatever may be the number of Villages in which the properties

are situated or the number of notices issued only one fee viz.,

Rs. 80.00 should be charged for issue of Notice No. 8. Similarly,

only one publication fee of Rs.40.00 should be charged for the

affi xture of the proclamation on the Notice Board. Fee for beat

of drum should however, be collected in respect of each Village

where beat of drum was made.

46

TAMIL NADU GOVERNMENT GAZETTE

[Part III—Sec. 1(a)

Details of the process

(1)

Fees Chargeable

(2)

Rs. P.

Remarks or Note

(3)

(b) Proclamation of sales by

beat of drum for three

days (for mofussil only)

(In the case of the City of

Chennai, the rates shall

be as charged by the

City Civil Court, Chennai.)

(c) Publication fee (This shall

be charged as soon as

intimation from the Taluk

Office regarding Sale

Proclamation (No.8)

on the notice board is

received)

300.00

40.00

(4) Notice No. 9 –

(a) For the fi rst judgment-

debtor

(b)For each additional

party whether he is an

additional judgment -

debtor or a person with

interest in the properties.

40.00

30.00

(5) Sale fees for each

judgment-debtor whose

properties are sold

120.00

(i) When sales have to be adjourned at the instance of the

judgment-debtor, the decree-holder or any other interested

party and the parties are not bound over for the adjourned

sale date, fees for the reissue of notice Nos. 8 and 9 should

be charged afresh.

(ii) Where the Sale Offi cer has to adjourn the sale at the instance

of any one of the parties after going to the place of sale,

sale (adjournment) fee of Rs.120.00 should nevertheless

be charged.

(iii) Charges for beat of drum for publicity for two days prior to

and on the date of sale should be charged at the usual rate

of Rs. 100.00 per day in mofussil and in the Chennai City

at the rate levied by the City Civil Court, Chennai.

(6)Release fee for each

party whose properties

are released.

80.00

(i) If the release is ordered by the sale offi cer after going to

the place of sale at the instance of any one of the parties,

both sale fee of Rs.120.00 and the release fee of Rs. 80.00

should be charged.

(ii) When the attachment of property is raised as a result of

allowing petitions or objections to such attachment, an order

of release should be embodied to the order passed by the

Sale Offi cer on the objection petition presented under rule

135. No separate release order shall be issued or separate

release fees charged.

(7) Application to set aside

sale under rule 127 or

rule 128

100.00

Part V

Common to action against movables and immovables

Details of the process

Fees Chargeable

Rs. P.

Remarks or Note

(1)

(2)

(3)

(1) Objection fees for every

objection petition

80.00

Apr. 18, 2018]

TAMIL NADU GOVERNMENT GAZETTE

47

Details of the Process

Fees Chargeable

Rs. P.

Remarks or Note

(1)

(2)

(3)

(2)Emergent fees for each

process of emergent

execution proceeding, shall

be at one and a half times

the usual rate.

(This shall not apply to-)

(a) Poundage

(b) Application fees

(c) Charges for beat of drum

(d) Objection fees

Emergent rates should be charged for all the process issued in

an execution petition marked as emergent by the decree-holder

society and ordered to be treated as such by the Registrar,

except in respect of the process exempted from the levy as

stated above. Where a society requires emergent action for

a part of the proceedings only the stage upto which such

action is prayed for should be clearly stated in the execution

petition itself by the decree-holder society and accepted by the

Registrar. In the absence of the specifi c prayer for emergent

action by the decree-holder, and in the absence of the orders

of the Registrar directing emergent action, the Sale Offi cer

should charge ordinary fees only.

(3) Poundage

Twenty paise per rupee

of sale proceeds. (The

levy shall be for every

sale conducted and for

each lot)

(i) For purposes of calculating poundage, sale proceeds

involving fractions of a rupee should be rounded off to the

nearest rupee, omitting the amount less than fi fty paise and

treating sums of fi fty and above as a rupee, Provided that if

the sale proceeds of a particular lot be less than fi fty paise,

poundage due for one rupees should be charged for that lot.

(ii) Poundage should not however be collected if the sale

conducted is subsequently cancelled on account of some

irregularities or defects in the conduct of sale by the Sale

Offi cer.

(iii) The sale proceeds of each lot should be taken as a separate

unit for the purpose of levy of poundage

(iv) Poundage should be calculated on the sale price and not

on the decretal amount.

(4) Application for cancellation

of attachment and release of

property so attached under

sub-rule (18) of rule 121 or

under clause (p) of sub-rule (2)

of rule 126.

100.00

Part VI

Fees for attachment before judgment under rule 140

Details of the Process

Rate

Remarks or Note

(1)

(2)

Rs. P.

(3)

(1) Application fees

100.00

(2) Preliminary notice –

(a) For the service of the notice

by the Registrar against single

judgment – debtor

(b) For the simultaneous service

of the notice to each additional

judgment-debtor

(c) Fees for the service of the notice

on each judgment-debtor

80.00

40.00

40.00

48

TAMIL NADU GOVERNMENT GAZETTE

[Part III—Sec. 1(a)

Details of the Process

(1)

Fees

Chargeable

(2)

Rs. P.

Remarks or Note

(3)

(3) (a) For the service of the

attachment order against a

single judgment - debtor

(b) For the simultaneous service

of the attachment order

against every additional judgment-

debtor

80.00

40.00

(4) For the attachment of the separate

properties of each judgment –

debtor

80.00

If the sale offi cer goes prepared for the attachment but the

attachment has to be deferred to a future date at the instance

of the decree-holder or of the judgment-debtor, an attachment

(adjournment) fee of Rs.80.00 should nevertheless be

charged:

Provided that if the sale offi cer had gone to the Village for

attachment in more cases than one and found it diffi cult to

carry on attachment in respect of any particular case and was

forced to have it adjourned for want of time, no adjournment

fees need be charged in such a case. In each such execution

petition, a specifi c note should be recorded by the sale offi cer

setting out the reasons for such an adjournment. Attachment

(adjournment) fee has to be charged for each attachment

that is adjourned at the instance of any or all of the parties

to the execution proceedings. The fee has to be charged for

as many attachments as were proposed to be taken up on

the date fi xed according to Notice No. 3.

If in an execution petition in which Notice No. 3 has

been served on the decree-holder signifying the proposal

to attach the properties of three judgment-debtors on a

particular date, the decree-holder applied for adjournment

of the distraint on the date fi xed after the sale offi cer has

gone to the Village, the attachment (adjournment) fee

to be charged is Rs. 240.00 and not Rs. 80.00.

If in the same case, the distraint is effected in respect of one

judgment-debtor and adjournment in respect of two others,

still the fee due is Rs.240.00 as shown below:-

Attachment fees Rs.80.00.

Attachment (Adjournment) fees Rs.160.00.

If the name of only one judgment-debtor is mentioned in No.3

Notice, only single fee should be charged.

Despite the issue of No.3 Notice mentioning only the name of

one judgment-debtor, it is open to the decree-holder to request

the sale offi cer to take action against the other judgment-

debtors if he thinks such a course is necessary. In such

cases, attachments or visit fee for all the judgment-debtors

should be charged.

(5) Charges for beat of drum (where

the properties attached are

immovables)

In the City of

Chennai the rate

of beat of drum

for proclamation

shall be as levied

by the City Civil

Court, Chennai. In

Mofussil Rs.100.00

If the properties are proclaimed for sales and sold after the

passing of the award, the fee for such further processes

shall be the same as in the case of sales held in pursuance

of regular execution as prescribed in Parts III and IV above.

Apr. 18, 2018]

TAMIL NADU GOVERNMENT GAZETTE

49

Part VII

Fees for salary attachment

Details of the Process

Rate

Remarks or Note

(1)

(2)

Rs. P.

(3)

(1) Application fees

100.00

(2) Demand Notice prior to

attachment

40.00

(3) Attachment fees

80.00

(4) Release fee in cases where

attachment is raised before

the full satisfaction of the

decree at the instance of

any one of the parties

80.00

PART VIII

Execution Applications under Section 144 of the Tamil Nadu

Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983)

The rates specifi ed in this Schedule and the principles laid down for the application of such rates to the several

processes indicated shall apply to the processes issued in the applications under Section 144 of the Tamil Nadu

Co-operative Societies Act, 1983, also subject to the modifi cations that instead of attachment fee, a seizure fee of Rs. 80.00

should be charged when properties subject to a charge are seized.

PART IX

GENERAL

(1)

Where sales are adjourned for administrative reasons no fee should be charged for the fresh processes necessitated

thereby.

(2)

When the sale posted to a particular date could not be taken up on that date on account of the receipt of an

objection petition, no fee should be charged for issue of fresh notices.

(3)

Where, however, the objection petition is presented to the Sale Offi cer only on the date of sale and that too after

he has gone to the place of sale, a sum of Rs.120.00 should be collected from the objection petitioner at Rs.80.00

for the sale fee and Rs.40.00 for the objection fee. If on the date of visit to a place by the sale offi cer for enforcing

a process more than one person present claim or petition, each such petition should be charged with a fee of

Rs.120.00.

(4)

The fee for the proclamation by beat of drum for each day in the City of Chennai shall be at such rates as are

charged by the City Civil Court, Chennai.

(5)

Poundage due in respect of every sale (even of the same properties) should not be omitted to be collected.

(6)

To facilitate the checking of the adequacy, excess or defi cit in the fees charged at the time of closing the execution

petition, the sale offi cer should make a detailed note in the fi le regarding each process explaining the fees charged

in respect of such process.

(7)

A guardian representing a minor or minors should be treated as a single party for the purpose of charging fees. In

cases in which the same person is impleaded both as an individual party and also as guardian to other defendants

who are minors, a single fee should be levied.

(8)

Fees for all items of notice should be determined with reference to the number of persons to whom the notice is

issued while attachment fees are to be charged with reference to the items of property attached. Thus in case of

joint family property attached on the same date and at the same place, a single attachment fee should be charged

while the notice fee will be in proportion to the number of persons to whom the notices are issued.

(9)

When prohibitory orders are issued for attachment of the several kinds of properties coming under rules 122, 123,

124 and 125 of the Tamil Nadu Co-operative Societies Rules, 1988, a sum of Rs.40.00 should be charged for issue

of orders, and Rs.40.00 for service of such order on each party, irrespective of whether such party is the person

holding the asset or the judgment-debtor himself. Emergent rates should be charged if the prayer is for the urgent

issue of such order.

50

TAMIL NADU GOVERNMENT GAZETTE

[Part III—Sec. 1(a)

(10)

In the case of notice issued to legal representative of deceased judgment-debtor under sub-rule (1) of rule 118

of the Tamil Nadu Co-operative Societies Rules, 1988, a fee of Rs.80.00 for the fi rst party and Rs.40.00 for each

additional party shall be charged.

(11)

In execution petitions praying for rateables, no special fee need be charged for issue of orders regarding distribution

of sale proceeds.

(12)

Objection or claim petition whether preferred under rule 128 or 135 should be charged at the scheduled rates. But

petitions under rule 127 should not be treated as ‘objection petitions’.

(13)

Before issue of service of any notice or other process, every offi cer concerned should satisfy himself that the fee

due on it has already been realized.

(14)

When movable properties are sold in accordance with the provisions in clause (c) of sub-rule (5) of rule 115, fees at

the rate specifi ed in this Schedule shall be collected for every process subsequent to attachment.

SCHEDULE V

(see rule 173)

Fees for supplying of certifi ed copies as Public Document in the Offi ce of the Registrar

Details of the process

Fees Chargeable

Remarks or Note

(1)

(2)

Rs. P.

(3)

(1)

Application for the supply of copies of

document

50.00

(2)

Fees for copying -

(i)

For every 175 words or fraction thereof

(written or typed matters)

20.00

(ii) Where copies of documents are supplied in

printed forms

The cost of form fi xed by the Registrar

in consultation with the Controller of

Stationery and Printing, Chennai, plus

the fees calculated at the rate speci-

fi ed in item (i) in respect written or

typed matters.

KUMAR JAYANT,

Principal Secretary to Government.

HOME, PROHIBITION AND EXCISE DEPARTMENT

Amendment to the Tamil Nadu Liquor (Supply by Wholesale) Rules.

[G.O. Ms. No. 18, Home, Prohibition and Excise (VIII), 26th March 2018, ðƒ°Q 12, «ýM÷‹H,

F¼õœÀõ˜ ݇´-2049.]

No. SRO A-17/2018.— In exercise of the powers conferred by Section 54 of the Tamil Nadu Prohibition Act, 1937

(Tamil Nadu Act X of 1937), the Governor of Tamil Nadu hereby makes the following amendment to the Tamil Nadu Liquor

(Supply by Wholesale) Rules, 1983.

AMENDMENT

In the said Rules, in rule 19-A, after sub-rule (2), the followin proviso shall be inserted, namely:-

''Provided that notwithstanding anything contained in this sub-rule, on application received in this behalf from the

Corporation and with the written consent of the supplier, the Commissioner may permit the Corporation in writing to destroy

Apr. 18, 2018]

TAMIL NADU GOVERNMENT GAZETTE

51

such stock in the presence of any Offi cer of the Prohibition and Excise Department authorized by him in this behalf, subject

to the condition that there shall not be any loss of revenue to the Corporation or the Government. The Commissioner may

impose any appropriate condition while granting such pemission''.

NIRANJAN MARDI,

Additional Chief Secretary to Government.

LABOUR AND EMPLOYMENT DEPARTMENT

Amendments to the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen Rules.

[G.O. Ms. No. 40, Labour and Employment (G1), 26th March 2018, ðƒ°Q 12, «ýM÷‹H,

F¼õœÀõ˜ ݇´-2049.]

No. SRO A-18/2018.— In exercise of the powers conferred by Section 10 of the Tamil Nadu Industrial establishments

(Conferment of Permanent Status to Workmen) Act, 1981 (Tamil Nadu Act 46 of 1981), the Governor of Tamil Nadu hereby

makes the following amendments to the Tamil Nadu Industrial Establishments (conferment of Permanent Status to Workmen)

Rules, 1981.

2. The amendments hereby made shall be come into force with effect from the date of publication in the Notifi cation in

the Tamil Nadu Government Gazette.

AMENDMENT

In the said Rules, —

(1) In rule 6, for sub-rules (2) and (3), the following shall be substituted namely:—

''(2) Every employer shall compile an up-to-date list in Form 1 except Colum (9) thereof at the end of each year

and exhibit the list prominently at any part of the industrial estblishment for perusal of the list by the workmen during working

hours on any day.

(3) Every employer shall send a copy of the up-to-date list so complied under sub-rule (2) to the Inspector concerned

within a fortnight from the expiry of every year with a declaration that the list has been exhibited for the perusal of the workmen

of the industrial establishment as required under sub-section (2). He shall also send particulars for the year in Form 2 along

with the particulars in Form 1 as required under this sub-rule to the Inspector concerned. He shall obtain acknowledgement

for furnishing the particulars in Form 1 and Form 2 to the Inspector under this sub-rule either by registered post or otherwise:

Provided that no annual return in Form 2 need be sent by the employer of an industrial establishment, if a combined

annual return in Form No.22 as required in sub-rule (2) of rule 100 of the Tamil Nadu Factories Rules, 1950 is furnished.''

(2) In form 2,—

(a) For the heading. ''Half-Yearly return for the Half-year ending 30th June / 31st December 19'' the heading, ''ANNUAL

RETURN FOR THE YEAR ENDING 31st DECEMBER 20'', shall be substituted;

(b) In item Nos.(6) and (7), for the expression ''half-year ending 30th June / 31st December'', the expression ''year

ending 31st December'' shall, respectively, be substiuted;

(c) In item (8) for the expression ''1st July/1st January'', the expression ''1st January'' shall be substiuted;

MANGAT RAM SHARMA,

Principal Secretary to Government.

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

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU