[ 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