Notifications or Orders of interest to a section of the public issued by Secretariat Departments

©

GOVERNMENT OF TAMIL NADU 2019

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

[R. Dis. No. 197/2009.

[Price: Rs. 1.60 Paise.

No. 44] CHENNAI, WEDNESDAY, OCTOBER 30, 2019 Aippasi 13, Vikari, Thiruvalluvar Aandu–2050

Part II—Section 2

Notifications or Orders of interest to a section of the public

issued by Secretariat Departments.

NOTIFICATIONS BY GOVERNMENT

CONTENTS

Pages.

Pages

Tamil Nadu Civil Courts Act—Constitution of a FINANCE DEPARTMENT

separate District Munsif Court, Mettupalayam

by bifurcating the existing District Munsif-cum- Tamil Nadu Transparency in Tenders Act—

Judicial Magistrate Court, Mettupalayam in Notifi cation .. .. .. .. 832

Coimbatore District .. .. .. .. 834 HOME DEPARTMENT

LABOUR AND EMPLOYMENT DEPARTMENT Code of Criminal Procedure—

Employee's State Insurance Act.—

Exemption to the Thanjavur West Sarvodaya

Sangh, Thanjavur for certain period etc. .. .. 832-834

Minimum Wages Act.—Fixing of working hours for Sales Promotion Employees. .. .. 834 Designating the Court of Metropolitan Magistrate and Courts of Judicial Magistrates in the State of Tamil Nadu as the Special Courts, and also appoints the concerned Metropolitan Magistrate and Judicial Magistrates as the Magistrate of the respective Special Court, to try all the Magisterial cases involving elected Members of Parliament and Members of Legislative Assembly of Tamil Nadu.

Amendments to Notifi cation .. .. 832

[831]

D.T.P.—II-2 (44)—1832 TAMIL NADU GOVERNMENT GAZETTE [Part II—Sec. 2

NOTIFICATIONS BY GOVERNMENT

FINANCE DEPARTMENT

HOME DEPARTMENT

Notification under the Tamil Nadu Transparency in

Tenders Act

[G.O.Ms. No.318, Finance (Salaries), 11th October 2019,

Purattasi 24, Vikari,Thiruvalluvar Aandu-2050.]

Designating the Court of Metropolitan Magistrate and

Courts of Judicial Magistrates in the State of Tamil Nadu

as the Special Courts and also appoints the concerned

Metropolitan Magistrate and Judicial Magistrates as

the Magistrate of the respective Special Court, to try

all the Magisterial cases involving elected Members of

Parliament and Members of Legislative Assembly of

Tamil Nadu under the code of Criminal Procedure.

Amendments to Notification

No.II(2)/FIN/844/2019.—WHEREAS, the Managing Director, Tamil Nadu Civil Supplies Corporation has requested the Food Corporation of India to issue boiled rice at the rate of Open Market Sales Scheme to meet out the additional requirement.

AND WHEREAS, the Food Corporation of India has informed that boiled rice is not available with Food Corporation of India in abundance and will not be possible to offer boiled rice under Open Market Sales Scheme.

AND WHEREAS, The Managing Director, Tamil Nadu Civil Supplies Corporation has requested Andhra Pradesh, Telangana, Punjab, Chhattisgarh State Civil Supplies Corporations and National Agricultural Co-operative Marketing Federation of India Limited to send a proposal on the possibility of supply of boiled rice at the rate of Open Market Sales Scheme.

AND WHEREAS, in response to request of Managing Director, Tamil Nadu Civil Supplies Corporation, the Telangana State Civil Supplies Corporation Limited have agreed to supply boiled rice to the State of Tamil Nadu.

AND WHEREAS, the situation, to overcome the shortage, purchase of boiled rice is essential for the smooth functioning of Public Distribution System in the State and the Managing Director, Tamil Nadu Civil Supplies Corporation has requested for granting exemption from the provisions of Sections 9 and 10 of the Tamil Nadu Transparency in Tenders Act, 1998 (Tamil Nadu Act 43 of 1998) for the procurement of boiled rice from the Telangana State Civil Supplies Corporation Limited.

[G.O.Ms. No.535, Home (Courts-II) 11th October 2019, புரட்டாசி 24, விகாரி, திருவள்ளுவர் ஆண்டு&2050.] No.II(2)/HO/845/2019.—In exercise of the powers conferred by the proviso to sub-section (1) of Section 16 and sub-section (1) of Section 11 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), the Governor of Tamil Nadu, in consultation with the High Court, Madras hereby makes the following amendments to the Home Department Notifi cation No.II(2)/HO/363/2019, Published at pages 473-474 of Part II-Section 2 of the Tamil Nadu Government Gazette, dated the 29th May 2019:-

A(cid:3477)(cid:3469)(cid:3478)(cid:3468)(cid:3477)(cid:3469)(cid:3478)(cid:3484)(cid:3483).

In the said Notifi cation,-

(i) the expressions " Court of Metropolitan Magistrate and " and "Metropolitan Magistrate and" wherever they occur shall be omitted;

(ii) in the tabular column, Sl.No.1 and the entries relating thereto shall be omitted.

NIRANJAN MARDI, Additional Chief Secretary to Government. LABOUR AND EMPLOYMENT DEPARTMENT Notifications under the Employee's State Insurance Act.

Exemption to the Thanjavur West Sarvodaya Sangh,

Thanjavur for certain period under the Act.

NOW, THEREFORE, in pursuance of the orders issued in G.O.(Ms).No.91, Co-operation, Food and Consumer Protection Department, dated 06-07-2018 and under clause (a) of Section 16 of the Tamil Nadu Transparency in Tenders Act, 1998 (Tamil Nadu Act 43 of 1998), the Governor of Tamil Nadu hereby declares the above said situation as an emergency and exempts from the provisions of Sections 9 and 10 of the said Act for the procurement of 3.00 lakh Metric Tonnes of boiled rice from Telangana State Civil Supplies Corporation Limited for continuous uninterrupted supply of boiled rice under Public Distribution System in the State of Tamil Nadu by the Tamil Nadu Civil Supplies Corporation.

S. KRISHNAN, Principal Secretary to Government. [G.O.(D).No.545, Labour and Employment (L1), 9th October 2019, புரட்டாசி 22, விகாரி, திருவள்ளுவர்

ஆண்டு&2050.]

No.II(2)/LE/846/2019.—In exercise of the powers conferred by Section 87 read with Section 91-A of the Employees' State Insurance Act, 1948 (Central Act XXXIV of 1948), the Governor of Tamil Nadu hereby exempts the Thanjavur West Sarvodaya Sangh, Thanjavur, from the operation of the said Act for the period of one year from 11-10-2019 to 10-10-2020.

(1) The above exemption is subject to the following conditions, namely:-

(a) The aforesaid Sangh wherein the employees are employed shall maintain a Register showing the names and designations of the exempted employees.

Exemption Granted to the Tamil Nadu Fisheries

Development Corporation Limited Chennai for certain

period under the Act.

(b) Notwithstanding the exemption, the employees shall continue to receive such benefi ts under the said Act to which they might have become entitled to on the basis of the contributions paid prior to the date from which exemption granted by this Notifi cation operates.

(c) The contribution for the exempted period, if already paid shall not be refunded.

(2) The employer of the said Sangh shall submit in respect of the period during which that Sangh was subject to the operation of the said Act (hereinafter referred to as "the said period") returns in such form and containing such Particulars as were due from it in respect of the said period under the Employees State Insurance (General) Regulations, 1950.

(3) Any Social Security Offi cer appointed by the Corporation under sub-section (1) of Section 45 of the said Act, or other offi cial authorised in this behalf shall, for the purpose of,-

(i) verifying the particulars contained in any return submitted under sub-section (1) of Section 44 of the said Act for the said period: or

(ii) ascertaining whether registers and records were maintained as required by the Employees State Insurance (General) Regulations, 1950 for the said period; or (iii) ascertaining whether the employees continue to be entitled to the benefi ts provided by the employer in cash and in kind, being benefi ts in consideration of which exemption is being granted under this Notifi cation; or (iv) ascertaining whether any of the provisions of the said Act had been complied with during the period when such provisions were in force in relation to the said workshops and stores be empowered to,-

(a) require the principal or immediate employer to furnish to him such information as he may consider necessary; or

(b) enter any Sangh, offi ce or other premises occupied by such principal or immediate employer at any reasonable time and require any person found in charge thereof to produce to such Social Security Offi cer or other offi cial and allow him to examine such documents, books and other documents relating to the employment of persons and payment of wages or to furnish to him such information as he may consider necessary; or

(c) examine the principal or immediate employer, his agent or servant, or any persons found in such sangh offi ce or other premises, or any person when the said Social Security Offi cer or other offi cial has reasonable cause to believe to have been an employee; or (d) make copies of or take extracts from any register, account book or other document maintained in such sangh offi ce or other premises.

[G.O.(D) No.557, Labour and Employment (L1), 10th October 2019, புரட்டாசி 23, விகாரி, திருவள்ளுவர்

ஆண்டு&2050.]

No.II(2)/LE/847/2019.—In exercise of the powers conferred by Section 87 read with Section 91-A of the Employees' State Insurance Act, 1948 (Central Act XXXIV of 1948), the Governor of Tamil Nadu hereby exempts the Tamil Nadu Fisheries Development Corporation Limited, Chennai from the operation of the said Act for the period of one year from 19-07-2019 to 18-07-2020.

(1) The above exemption is subject to the following conditions, namely:-

(a) The aforesaid Management wherein the employees are employed shall maintain a Register showing the names and designations of the exempted employees.

(b) Not withstanding the exemption, the employees shall continue to receive such benefi ts under the said Act to which they might have become entitled to on the basis of the contributions paid prior to the date from which exemption granted by this Notifi cation operates.

(c) The contribution for the exempted period, if already paid shall not be refunded.

(2) The employer of the said shall submit in respect of the period during which that Management was subject to the operation of the said Act (hereinafter referred to as "the said period") returns, in such form and containing such particulars as were due from it in respect of the said period under the Employees State Insurance (General) Regulations, 1950.

(3) Any Social Security Offi cer appointed by the Corporation under sub-section (1) of Section 45 of the said Act, or other offi cial authorised in this behalf shall, for the purpose of,-

(i) verifying the particulars contained in any return submitted under sub-section (1) of Section 44 of the said Act for the said period; or

(ii) ascertaining whether registers and records were maintained as required by the Employees State Insurance (General) Regulations, 1950 for the said period; or (iii) ascertaining whether the employees continue to be entitled to the benefi ts provided by the employer in cash and in kind, being benefi ts in consideration of which exemption is being granted under this Notifi cation; or (iv) ascertaining whether any of the provisions of the said Act had been complied with during the period when such provisions were in force in relation to the said workshops and stores be empowered to,-

(a) require the principal or immediate employer to furnish to him such information as he may consider necessary; or834 TAMIL NADU GOVERNMENT GAZETTE [Part II—Sec. 2

Late Notifi cation:-

NOTIFICATIONS BY GOVERNMENT _______

HOME DEPARTMENT

Constitution of a separate District Munsif Court,

(b) enter any Management, offi ce or other premises occupied by such principal or immediate employer at any reasonable time and require any person found in charge thereof to produce to such Social Security Offi cer or other offi cial and allow him to examine such documents, books and other documents relating to the employment of persons and payment of wages or to furnish to him such information as he may consider necessary; or

Mettupalayam by bifurcating the existing District

Munsif-cum-Judicial Magistrate Court, Mettupalayam

in Coimbatore District under the Tamil Nadu Civil

Courts Act.

(c) examine the principal or immediate employer, his agent or servant, or any person found in such Management offi ce or other premises, or any person when the said Social Security Offi cer or other official has reasonable cause to believe to have been an employee; or (d) make copies of or take extracts from any register, account book or other document maintained in such Management offi ce or other premises.

[G.O.Ms. No.563, Home (Cts-III), 23rd October 2019, ஐப்பசி 6, விகாரி, திருவள்ளுவர் ஆண்டு&2050.] No.II(2)/HO/849/2019.—In exercise of the powers conferred by the second paragraph of Section 4 of the Tamil Nadu Civil Courts Act, 1873 (Central Act III of 1873), the Governor of Tamil Nadu, after consultation with the Fixing of working hours for Sales Promotion Employees under the Minimum Wages Act.

[G.O.Ms. No.183, Labour and Employment (H1), 9th October 2019, புரட்டாசி 22, விகாரி, திருவள்ளுவர்

ஆண்டு&2050.]

No.II(2)/LE/848/2019.—In exercise of the powers conferred by clause (a) sub-section (1) of the Section 13 of the Minimum Wages Act, 1948 (Central Act 11 of 1948) read with sub-section (3) of Section 6 of the Sales Promotion Employees (Conditions of Service) Act, 1976 (Central Act 11 of 1976), the Governor of Tamil Nadu hereby fi xes the number of hours of work for sales promotion employees as eight (8) hours in a day, as mentioned below:-

High Court, Madras hereby fi xes the number of District Munsifs to be appointed for the District Munsif's Court at Mettupalayam in Coimbatore District as ONE with effect from the date on which the District Munsif assumes charge of that Court.

NOTIFICATION-II

[G.O.Ms. No.563, Home (Cts-III), 23rd October 2019, ஐப்பசி 6, விகாரி, திருவள்ளுவர் ஆண்டு&2050.]

Note:-

(i) The Number of hours of work of sales promotion employees shall not exceed 54 (fi fty four) hours in aggregate in a week, including over time.

(ii) Sales Promotion Employees are entitled to overtime wages as double the normal wages.

Md. NASIMUDDIN, Principal Secretary to Government. Court at Mettupalayam with effect from the date on which the District Munsif assumes charge of the District Munsif's Court at Mettupalayam.

NIRANJAN MARDI, Additional Chief Secretary to Government. PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU