[ 103 ]

TAMIL NADU

GOVERNMENT GAZETTE

PUBLISHED BY AUTHORITY

No. 28]

CHENNAI, WEDNESDAY, JULY 11, 2018

Aani 27, Vilambi, Thiruvalluvar Aandu–2049

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

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2018

[Price : Rs.1.60 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)-(28)

Pages.

HEALTH AND FAMILY WELFARE DEPARTMENT

Tamil Nadu Food Safety Appellate Tribunal Rules, 2018.. .. .. .. .. ..

104-106

LABOUR AND EMPLOYMENT DEPARTMENT mendments to the

Tamil Nadu Agricultural Produce Marketing (Regulation) Rules

Amendment to the Tamil Nadu Factories Rules. .. .. .. .. ..

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TAMIL NADU GOVERNMENT GAZETTE

[Part III-Sec.1(a)

NOTIFICATIONS BY GOVERNMENT

HEALTH AND FAMILY WELFARE DEPARTMENT

Tamil Nadu Food Safety Appellate Tribunal Rules, 2018.

[G.O. Ms. No. 226, Health and Family Welfare (M1), 11th June 2018,

¬õè£C 28, M÷‹H, F¼õœÀõ˜ Ý‡´-2049.]

No. SRO A-38/2018.—

In exercise of the powers conferred by Section 94 read with sub-section (2) of Section 70 of the Food Safety and

Standards Act, 2006 (Central Act No.34 of 2006), the Governor of Tamil Nadu hereby makes the following Rules:-

RULES.

1. Short title.- These rules may be called the Tamil Nadu Food Safety Appellate Tribunal Rules, 2018.

2. Deﬁ nitions.- In these rules, unless the context otherwise requires,-

(a) "Advocate" means a person who is entitled to practice the profession of law under the Advocates Act, 1961

(Central Act No.25 of 1961).

(b) "Appellate Tribunal" means the Food Safety Appellate Tribunal constituted under section 70 of the Act.

of the Act.

(d) "Registrar" means the Registrar of the Appellate Tribunal and includes an ofﬁ cer of such Appellate Tribunal who

is authorized by the Presiding Ofﬁ cer to function as Registrar.

(e) "Registry" means the registry of the Appellate Tribunal.

3. Area of jurisdiction.- The area of jurisdiction of the Appellate Tribunal is the whole of the State of Tamil Nadu.

4. Sitting hours of the Appellate Tribunal.- The Sitting hours of the Appellate Tribunal shall ordinarily be from 11 a.m.

to 1.30 p.m. and from 2.30 p.m. to 5 p.m. subject to any order issued by the Presiding Ofﬁ cer.

5. Working hours of the Appellate Tribunal.- (1) The ofﬁ ce of the Appellate Tribunal shall remain open on all working

days on which the State Government Ofﬁ ces remain open and the working hours of the ofﬁ ce of the Appellate Tribunal shall

be as applicable to working hours of the State Government in which the Appellate Tribunal is located.

(2). The ﬁ ling counter of the Registry shall remain open on all working days from 11 a.m. to 4.30 p.m.

6. Language of the Appellate Tribunal.- (1) The proceedings of the Appellate Tribunal shall be conducted in English.

(2) No document ﬁ led in the proceedings before the Appellate Tribunal in any language other than English, shall

be accepted by the Appellate Tribunal unless the same is accompanied by a true copy of the translation thereof in English.

7. Ofﬁ cial seal of the Appellate Tribunal.- (1) The ofﬁ cial seal of the Appellate Tribunal shall be such, as the Presiding

Ofﬁ cer may from time to time specify.

(2). The ofﬁ cial seal of the Appellate Tribunal shall be kept in the custody of the Registrar.

(3). Subject to any general or special direction given by the Presiding Ofﬁ cer, the ofﬁ cial seal of the Appellate

Tribunal shall not be afﬁ xed to any order, summons or other process, save under the authority in writing from the Registrar.

(4). The ofﬁ cial seal of the Appellate Tribunal shall not be afﬁ xed to any certiﬁ ed copy issued by the Appellate

Tribunal, save under the authority in writing of the Registrar.

8. Format of order or direction.- Every direction, order, summons, warrant or other mandatory process shall be issued in

the name of the Presiding Ofﬁ cer and shall be signed by the Registrar or any other ofﬁ cer speciﬁ cally authorized in that behalf

by the Presiding Ofﬁ cer, with the day, month and year of signing and shall be sealed with the seal of the Appellate Tribunal.

9. Carry forward of cause list and adjournment of cases on account of non- sitting of the Appellate Tribunal.- If

by reason of declaration of holiday or for any other unforeseen reason, the Appellate Tribunal does not function for the day,

the Daily Cause List for that day shall, unless otherwise directed, be treated as the Daily Cause List for the next working

day, in addition to the cases already posted for that day.

10. Record of Proceedings.- Case diaries, in each appeal, shall be kept by the clerk-in-charge in such Form as may

be speciﬁ ed by the Presiding Ofﬁ cer and shall be written legibly. The diary in the main ﬁ le shall contain a concise history of

the appeal or petition or application and the substance of the order passed thereon.

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11. Order sheet.- (1). Order sheet shall be maintained in every proceeding and shall contain all orders passed by the

Appellate Tribunal from time to time.

(2). Order sheet shall also contain the reference number of the appeal or petition or application, date of order and

all incidental details including short cause title thereof.

12. Calling of cases in the Appellate Tribunal.- Subject to any direction that may be given by the Presiding Ofﬁ cer,

the clerk-in-charge shall call the cases listed in the cause list in the serial order.

13. Issue of Notice.- (1). Where notice of an appeal or petition or application is issued by the Appellate Tribunal, copies

of the same, the Afﬁ davit in support thereof and the copy of other documents ﬁ led therewith, if any, shall be served alongwith

the notice on the other side.

(2). The aforesaid copies shall show the date of presentation of the appeal or petition or application and the name

of the advocate of such party, with his full address for service and the interim order, if any, made thereon.

(3). The Appellate Tribunal may order for issuing notice in appropriate cases and also permit the party concerned

for service of the said notice on the other side by private service and in such case, deliver the notice to such party and it

is for such party to ﬁ le afﬁ davit of service with proof.

14. Summons.- Whenever summon or notice is ordered by private service, the appellant or applicant or petitioner as the

case may be, unless already served on the other side in advance, shall arrange to serve the copy of appeal or application

or petition by registered post or courier service and ﬁ le afﬁ davit of service with its proof of acknowledgment before the date

ﬁ xed for hearing.

15. Issue of fresh Notice.- If any notice could not be served in person or if sent by registered post or speed post is

returned unserved, that fact and the reason thereof shall be notiﬁ ed immediately on the notice board of the Registry. The

appellant or applicant or petitioner shall within seven days from date of such notiﬁ cation take steps to serve the notice afresh.

16. Consequence of failure to take steps for issue of fresh Notice.- Where after a summon has been issued to the

other side and returned unserved and the appellant or applicant or petitioner, as the case may be, fails to take necessary

steps within the period speciﬁ ed in rule 15, the Registrar shall post the case before the Appellate Tribunal for further directions

or for dismissal for non-prosecution.

17. Default of appearance of respondent and consequences.- Where the respondent, despite effective service of

Summons or notice on him does not appear before the date ﬁ xed for hearing, the Appellate Tribunal may proceed to hear

the appeal or application or petition ex-parte and pass ﬁ nal orders on merits.

18. Filing of objections by respondent.- (1). The respondent, if so directed by the Appellate Tribunal, shall ﬁ le objections

or counter within the time allowed by the Appellate Tribunal. The objections shall be veriﬁ ed as an appeal or petition and

wherever new facts are sought to be introduced for the ﬁ rst time, leave of the Appellate Tribunal shall be obtained.

(2). The respondent, if permitted to ﬁ le objections or counter in any proceeding shall also ﬁ le three copies thereof

after serving copies of the same on the appellant or applicant or the petitioner or their Advocate on record or the authorized

representative, as the case may be.

19. Inspection of records.- (1 )The parties to any proceedings before the Appellate Tribunal or their Advocate or the

authorized representative may be allowed to inspect the records of such proceedings by making an application in that behalf

to the Registrar on payment of a fee of Rs.100/- (Rupees one hundred only) per inspection in the form of demand draft

drawn in favour of "The Registrar, Tamil Nadu Food Safety Appellate Tribunal" and payable at the place where the Appellate

Tribunal is located.

(2). Every application for inspection of record along with the fee, shall be presented at the ﬁ ling counter of the

Registry between 10.30 a.m. and 3 p.m. on any working day and three days before the date on which the inspection is

sought, unless otherwise permitted by the Registrar.

20. Grant of inspection.- On receipt of an application under rule 19, the Registry shall submit the same with its remarks

before the Registrar, who shall, on consideration of the same, pass appropriate orders.

21. Mode of inspection.- (1). On grant of permission for inspection of the records, the Registry shall arrange to procure

the records of the case and allow inspection of such records on the date and time ﬁ xed by the Registrar in the immediate

presence of an ofﬁ cer authorised in that behalf.

(2). The person inspecting the records shall not in any manner cause dislocation, mutilation, tampering or damage

to the records in the course of inspection.

(3). The person inspecting the records shall not make any marking on any record or paper so inspected and taking

notes, if any, of the documents or records inspected may be done only in pencil.

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[Part III-Sec.1(a)

(4). The Ofﬁ cer of the Registry supervising the inspection may at any time prohibit further inspection, if in his opinion,

any of the records are likely to be damaged in the process of inspection or the person inspecting the records has violated

or attempted to violate the provisions of these rules and shall immediately make a report about the matter to the Registrar

and seek further orders from the Registrar.

22. Maintenance of Register of Inspection.- The Registry shall maintain a Register for the purpose of inspection of

documents or records and shall obtain therein the signature of the person making such inspection on the Register as well

as on the application on the conclusion of inspection.

23. Application for production of documents and form of summons.- (1) Except as otherwise provided hereunder,

discovery or production and return of documents shall be regulated by the provisions of Civil Procedure Code, 1908 (Central

Act No.5 of 1908).

(2). An application for summons to produce documents shall set out the documents production of which is sought;

the relevancy of the documents and in case where the production of a certiﬁ ed copy would serve the purpose, whether

application was made to the proper/ofﬁ cer and the result thereof.

24. Suo motu summoning of documents.- Notwithstanding anything contained in these rules, the Appellate Tribunal,

may, Suo motu, issue summons for production of public document or other documents in the custody of a Public Ofﬁ cer

J. RADHAKRISHNAN,

Principal Secretary to Government.

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

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU