TAMIL NADU

GOVERNMENT GAZETTE

PUBLISHED BY AUTHORITY

No. 40]

CHENNAI, WEDNESDAY, SEPTEMBER 30, 2020

Purattasi 14, Saarvari, Thiruvalluvar Aandu–2051

[93 ]

DTP—III-2 (40)

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

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2020

[Price : Rs. 6.40 Paise.

Part III—Section 2

Statutory Notiﬁ cations and Orders issued by

Heads of Departments.

NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC.

CONTENTS

Pages.

JUDICIAL NOTIFICATIONS

Rules Under Section 16 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act,

2017 .. ..

94-105

INDIAN RAILWAYS.

Energisation of Overhead Equipment with 25kv ac 50 Cycle single phase supply system for

target during 2020-21 in Southern Railway

105-106

ெபăநகர ெசன்ைன மாநகராட்சி

வăவாய் ýைற

ெசன்ைன மாநகராட்சி āனிசிபல் சட்டம்-1919க்கு, தமிழ்நாû சட்டங்கள் மற்Ąம் அவசர சட்டங்கள்

கீழ்,

சட்டத்

திăத்தம்

(Amendment)

ேமற்ெகாள்ளப்பட்û,

16-07-2018

ேததியிட்ட

தமிழ்நாû அரசிதழ்

தமிழ்நாû அரசிதழ் ெவளியீட்டில் கீழ்கண்டவாĄ ெவளியிடப்பட்ûள்ளý.

107-108

TAMIL NADU GOVERNMENT GAZETTE

[Part III—Sec. 2

NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC.

JUDICIAL NOTIFICATIONS

Rules Under Section 16 of The Admiralty (Jurisdiction And Settlement of

Maritime Claims) Act, 2017

The Rules For Regulating The Procedure and Practice in Cases Brought Before The High Court of Judicature At

Madras in The Exercise of Its Admiralty Jurisdiction Framed by The High Court

(R.O.C. No. 92141/2017/F1)

No.SRO C-17/2020.

R.1. In the construction of these rules the following terms shall (if not inconsistent with the context or subject-matter)

have the respective meanings hereinafter assigned to them, that is to say:

(i)

“The Court” shall mean the High Court of Judicature at Madras.

(ii)

“Judge” shall mean a Judge of the said Court.

(iii) “Registrar” shall mean the Registrar of the said Court, on its Original Side, or other oﬃ cer who may be

authorized to perform the duties of such Registrar.

(iv) “Registry”, shall mean the oﬃ ce of the Registrar.

(v) “[Nazir]” shall mean the [Nazir] or Deputy [Nazir] of Madras or other oﬃ cer who may be appointed to execute

the process of the said Court.

(vi) “Advocate” shall mean an Advocate entered in any roll under the provisions of the Advocates Act, 1961, or the

party himself, if conducting the suit in person.

(vii) “Suit” shall mean any suit, action, or other proceeding instituted in the said Court in its Admiralty Jurisdiction.

(viii) “Aﬃ davit” shall mean in addition to its ordinary meaning, include a statement in writing on solemn aﬃ rmation

wherever by law a person may make a solemn aﬃ rmation instead of an oath.

(ix) “Vessel” means a vessel as deﬁ ned under the Admiralty (Jurisdiction and Settlement of Maritime Claims)

Act, 2017.

(x) “Abandoned vessel” shall include:-

a. a vessel that does not have an identiﬁ able owner and is disposed on coastal waters in a wrecked / inoperative

/dismantled /derelict condition, with or without crew

b. a vessel that has been relinquished, left or given up by the lawful owner without intention to later resume

any right or interest in the vessel

a vessel(s) which has been ordered to be arrested by the Court and the owner of the said vessel has

failed to enter appearance within 12 days from the date of service of warrant as contemplated in the

Rules hereunder

d. a vessel for which an advocate has ﬁ led a vakalat but having entered appearance, has failed to ﬁ le pleadings

in the suit within 45 days from the date of service of the warrant

R.2. A suit shall be instituted by a plaint drawn up, subscribed and veriﬁ ed according to the provisions of the Code, save

that if the suit is in rem, the defendants may, subject to such variation as the circumstances may require, be described as

“the owners and parties interested in” the vessel or other property proceeded against instead of by name.

R.3. In suits in rem, a warrant for the arrest of property may be issued at the instance either of the plaintiﬀ or of the

defendant at any time after the suit has been instituted, but no warrant of arrest shall be issued until an aﬃ davit by the party

or his agent has been ﬁ led, and the following provisions complied with:

(A) The aﬃ davit shall state the name and description of the party at whose instance the warrant is to be issued,

the nature of the claim or counter-claim, the name and nature of the property to be arrested, and that the

claim or counter-claim has not been satisﬁ ed.

(B) In a suit of wages or of possession, the aﬃ davit shall state the national character of the vessel proceeded

against; and if against a foreign vessel, that notice of the institution of the suit has been given to the consul

of the State to which the vessel belongs, if there be one resident at Chennai, and a copy of the notice shall

be annexed to the aﬃ davit.

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TAMIL NADU GOVERNMENT GAZETTE

shall be produced for the inspection and perusal of the Registrar, and a copy of the bond, or of the

translation thereof, certiﬁ ed to be correct shall be annexed to the aﬃ davit.

(D) In a suit of distribution of salvage, the aﬃ davit shall state the amount of salvage money awarded or agreed

to be accepted, and the name and address and description of the party holding the same.

R. 4. The Court or Judge may in any case, if they or he thinks ﬁ t, allow the warrant to issue, although the aﬃ davit in

Rule 3 mentioned may not contain all the required particulars and in a suit of wages, the Court or Judge may also waive

the service of the notice, and in a suit of bottomry the production of the bond. The formats for Warrant & Warrant of arrest

shall be, in Form No. 2 & 3 appended to these Rules.

R.5. In suits in rem, no service or writ of warrant shall be required when the advocate of the defendant waives service

and undertakes in writing to appear and to give security or to pay money into Court in lieu of security.

R.6. An advocate not entering appearance or giving security or paying money into Court in lieu of security in a suit in

rem, in pursuance of his written undertaking so to do, the vessel shall be liable to attachment.

R.7. Every writ, warrant and process shall be served by the Nazir or his bailiﬀ . Every warrant shall be returned to the

Registry within six days from the date thereof.

R.8. Every writ, warrant and process shall also be served by e-mail by the Registrar upon appropriate orders of the

Judge to serve such writ, warrant and process by email and/or by fax, in addition to the service of summons/warrant/notice/

private notice under these Rules.

R.9. In suits in rem, service of summons or warrant against ship, is to be eﬀ ected by nailing or aﬃ xing the original writ

or warrant for a short time on the main mast or on the single mast or on any conspicuous part of the vessel and by taking

oﬀ the process leaving a true copy of it nailed or aﬃ xed in its place.

R.10- In suits in personam, the provisions of the Madras High Court Original Side Rules and/or Code of Civil Procedure,

1908 (as amended) and/or the (Commercial Courts, Commercial Courts Act, 2015 (as amended) shall apply in all proceedings

before the Court, insofar as they are not inconsistent with or contrary to these Rules.

R.11. In a suit in rem, any person not named in the writ may intervene and appear on ﬁ ling an aﬃ davit showing that

he is interested in the property under arrest or in the fund in the Registry.

R.12:

(a) The person intervening in the proceedings in terms of Rule 11 shall pay advalorem court fees for such intervention

(as per the provisions of the Tamil Nadu Court Fees and Suits Valuation Act, read with the Appendix of the

Madras High Court Fees Rules), as if the person is ﬁ ling a separate action against the property under arrest.

(b) Notwithstanding anything contained in Rule (a) above, the Court may on application by the person seeking to

intervene, exempt them from payment of court fees, for reasons to be recorded.

Provided that the Court may order that every intervener in the suit who obtains payment out of funds, shall be

liable for Court Fees.

R.13. After the expiration of twelve days from the return of a warrant, if no appearance shall have been entered in the

suit, the vessel shall be deemed to be abandoned and the advocate for the plaintiﬀ may cause the suit to be set down for

hearing.

R.14. Once the vessel is deemed to be abandoned or the vessel is subject to speedy and natural decay, the advocate

for the plaintiﬀ may be permitted to bring the vessel for sale, on such terms and conditions that the Court may deem ﬁ t and

appropriate.

R.15. If when the suit comes before the Court, the judge is satisﬁ ed that the plaintiﬀ ’s claim is well founded, he may

pronounce for the claim and may order the property to be sold with or without previous notice and the proceeds paid into

the Registry or make such order in the premises as he shall think just.

R.16. An advocate desiring to enter an appearance in any suit shall ﬁ le in the Registry a Vakalat, a copy of which shall

have been previously served on the adverse advocate.

R.17. The Vakalat shall contain the name of the advocate and an address for service at Chennai at which it shall

be suﬃ cient to leave all instruments and documents in the suit. The format for Vakalat for Appearance shall be in

Form No.5 appended to these Rules.

Notwithstanding anything contained in any other law/rules for the time being in force, such vakalat can be ﬁ led as a

copy. The vakalat shall be supported by a copy of an authorisation issued by the plaintiﬀ or the owner/master of the vessel.

TAMIL NADU GOVERNMENT GAZETTE

[Part III—Sec. 2

The advocate ﬁ ling such copy shall undertake to ﬁ le the original of such copy within a period of 7 days of ﬁ ling such a copy

or within such period as ordered by the Court.

R.18. Where security is to be given in the Registry, it shall be given according to these rules and practice of the

Court as to security in the case of an attachment before judgement in an ordinary civil suit, viz., Fixed Deposit, Demand

Draft, Title Deed or any other security as ordered by the Court.

R.19. Property arrested by warrant shall only be released under the authority of an instrument issued by the Registrar,

to be called a “Release”.

R.20. In suits where the defendant has not entered appearance, an Advocate at whose instance any property has been

arrested may obtain release thereof by ﬁ ling Memo to withdraw the warrant, duly supported by an aﬃ davit of the party. The

format for Release shall be in Form No.7 appended to these Rules.

R.21. An advocate may obtain the release of any property by paying into the Registry the sum in which the suit has

been instituted. The format for Release shall be in Form No.6 appended to these Rules.

R.22. In a suit of salvage the value of the property under arrest shall be agreed to or proved by aﬃ davit to the satisfaction

of a Judge before the property is released.

R.23. Where security shall have been given in the sum in which the suit has been instituted, or such sum shall have

been paid into the registry, and if the suit be one of salvage, the value of the property arrested shall have been proved to the

satisfaction of a Judge, an advocate shall be entitled to release of the same, unless there be a caveat against the release

thereof and the same shall be entered in the register maintained by the Registry of Admiralty Suits.

R.24. The release, when obtained, shall be left with a form(s) of release in the oﬃ ce of the Nazir by the advocate taking

out the same, who shall also at the same time pay all the costs, charges and expenses attending the care and custody of

the property while under arrest, and the Nazir shall thereupon release the property. The format for Release shall be in Form

Nos.6 or 7 appended to these Rules.

R.25. An advocate in a suit desiring to prevent the release of any property under arrest, shall ﬁ le in the Registry

a vakalat, and thereupon a Caveat against the release of the property shall be entered in the register of Admiralty suits.

The format for Release and Caveat against release shall be in Form No. 8 appended to these Rules.

R.26. A party delaying the release of any property by the entry of a Caveat shall be liable to be condemned in costs and

damages, unless he shall show to the satisfaction of the Court or a Judge, good and suﬃ cient reason for having so done.

R.27. The party desiring to prevent the arrest of any property may cause a Caveat against the issue of a warrant for

the arrest thereof to be entered in the Registry.

R.28. For this purpose he shall cause to be ﬁ led in the Registry a Caveat, signed by himself or by his advocate undertaking

to enter an appearance in any suit that may be instituted against the said property and to give security in such suit in a sum

not exceeding an amount to be stated in the notice, or to pay such sum into the Registry, and a Caveat against the issue of

a warrant for the arrest of the property shall thereupon be entered in the register of Admiralty suits. The formats for Caveat

Warrant shall be in Form Nos.9 &10 appended to these Rules.

R.29. Before issuing a warrant for the arrest of the property, the Registrar shall ascertain whether or not any Caveat

has been entered against the issue of a warrant for the arrest thereof.

R.30. An advocate instituting a suit against any property in respect of which a Caveat has been entered in the register

of Admiralty suits shall forthwith serve a copy of the plaint and supporting papers upon the party on whose behalf the

Caveat has been entered or upon his advocate.

R.31. Within three days from the service of a copy of the plaint and supporting papers, the party on whose behalf the

Caveat has been entered shall, if the sum in which the suit has been instituted does not exceed the amount for which he

has undertaken, give security in such sum or pay the same into the Registry, or if it exceeds that amount give security in

the sum in which the suit has been instituted or pay the same into the Registry.

R.32. After the expiration of twelve days from the service of a copy of the plaint, if the party on whose behalf the Caveat

has been entered shall not have given security in such sum, or paid the same into the Registry, the plaintiﬀ ’s advocate may

proceed with the suit by default and have it heard: Provided that the Court may, on good cause shown and on such terms

as to payment of costs as it may impose, extend the time for giving security or paying the money into the Registry.

R.33. If when the suit comes before the Court it is satisﬁ ed that the claim is well founded, it may pronounce for the

amount which appears to be due and may enforce the payment thereof by order and attachment against the party on whose

behalf the Caveat has been entered and by the arrest of the property if it then be or thereafter come within the jurisdiction

of the Court.

Sep. 30, 2020]

TAMIL NADU GOVERNMENT GAZETTE

R.34. The preceding rules shall not prevent an advocate from taking out a warrant for the arrest of any property,

notwithstanding the entry of Caveat in the Register of Admiralty suits, but the party at whose instance any property in respect

of which a Caveat is entered shall be arrested, shall be liable to be condemned in costs and damages, unless he shall show

to the satisfaction of the Court good and suﬃ cient reason for having so done.

R.35. Every sale, consequent to or under the decree/order of the Court, shall be made by the Registrar or any other

person by orders of Court for reasons to be recorded, in like manner as a sale of movable property in execution of a decree

in an ordinary civil suit.

R.36. Any person interested in the proceeds, may be heard before the taxing oﬃ cer on the taxation of the account of

expenses and an objection to the taxation shall be heard in the same manner as an objection to the taxation of a bill of costs.

R.37. All money paid into Court shall be paid to the Registrar General, High Court Madras.

R.38. Money paid into Court shall not be paid out of Court except in pursuance of an order of the Court or a Judge.

R.39. Security for latent demands shall not, unless the Judge shall otherwise order, be required on the payment of

money out of Court.

R.40. An advocate desiring to prevent the payment of money out of the Registry shall ﬁ le a notice and thereupon a

Caveat shall be entered in the Register of Admiralty suits.

R.41. Applications may be made either in Court or to a Judge.

R.42. Every form ﬁ led shall be either by the party or by his advocate.

R.43. If a form ﬁ led is not properly ﬁ lled up, the Registrar may refuse to receive the same or to act thereon.

R.44. A Caveat, whether against the issue of warrant, the release of property, or the payment of money out of the

Registry, shall not remain in force for more than three months from the day on which it is ﬁ led.

R.45. A Caveat may be withdrawn by the party on whose behalf it has been entered or by his advocate; but the form to

lead the withdrawal thereof shall, save by permission of the Registrar , be signed by the person who signed the vakalat to lead

the entry of the Caveat. The format to withdraw caveat in Admirality Suits shall be in Form No.11 appended to these Rules.

R.46. Application may be made to the Court to overrule any Caveat.

R.47. The fees of Court and the fees to be allowed to the advocate shall be those set out in the tables of fees sanctioned

for proceedings under the Original Civil Jurisdiction of the High Court or Commercial Division. The fees to be [paid into Court]

shall be those set forth in the schedule hereto.

R.48. The forms under these rules as prescribed shall be adopted and followed as nearly as the circumstances of each

case will allow.

R.49. Where no other provision is made by these rules, proceedings in suits brought in the Court in the exercise of its

Admiralty Jurisdiction shall be regulated by the Rules and Practice of the Court in suits brought in it in the exercise of its

Ordinary Original Civil Jurisdiction/ Commercial Division.

R.50. All costs incurred in proceedings conducted in terms of these Rules, shall be governed by the costs and

expenses schedule given in the Original Side Rules / Tamil Nadu Legal Practitioners Fee Rules as applicable to the

High Court / Commercial Courts, Commercial Court Act, 2015 (as amended).

R.51. All proceedings subject to the provisions of the Commercial Courts Act, shall be subject to mediation as provided

for in the Commercial Courts Act, and the Madras High Court Rules for Commercial Courts.

SPECIAL SUMMARY PROCEDURE

R.52. A party to any suit may have the same dealt with, heard and determined in accordance with the following special

rules upon ﬁ ling in the Registry a consent signed by the parties or their advocates duly authorized in that behalf in the form

given below.

R.53. After such consent has been ﬁ led, application may be made by any party to the Judge to appoint a day for the

hearing and to give directions.

R.54. There shall be no pleading beyond a statement of claim veriﬁ ed by aﬃ davit, but if there be a counter-claim notice

thereof shall be given in writing before such consent as aforesaid is signed.

R.55. Lists of documents shall be exchanged and mutual inspection of documents granted at or before a time appointed

by the Judge on the hearing of the application aforesaid.

TAMIL NADU GOVERNMENT GAZETTE

[Part III—Sec. 2

R.56. At the hearing of the application aforesaid, unless it shall suﬃ ciently appear from the statement of claim or

otherwise in writing, the plaintiﬀ shall specify the cause or causes of action in respect of which the suit is brought, and, if

practicable, the amount actually claimed, and the defendant shall specify the grounds of defence on which he relies and in

salvage claims, the plaintiﬀ and the defendant respectively shall at the same time, or within such time as the Judge shall

direct, state the value of their property and if required, by aﬃ davit. In the case of a counter-claim the cause or causes of

action and the claim therein and grounds of defence thereto shall be similarly stated.

R.57. The Judge shall be at liberty to receive, call for and act upon, such evidence documentary or otherwise, whether

legally admissible or not, as he may think ﬁ t.

R.58. If in any suit, the sum awarded, or for which judgment is given exceeds the sum, if any, tendered, the Judge may

nevertheless exercise his discretion as to how and by whom the costs shall be borne.

R.59. In other respects the ordinary rules in practice shall apply so far as may be necessary. Notwithstanding anything in

these special rules, the Judge may, if he thinks ﬁ t, make such orders as he might make under the ordinary rules and practice.

R.60. The foregoing rules shall apply to suits brought in the Court in the exercise of its Admiralty Jurisdiction in

supersession of all former rules.

High Court, Madras,

C. KUMARAPPAN,

14th September 2020.

Registrar General.

FORM OF CONSENT TO THE APPLICATION OF

SUMMARY PROCEDURE

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(As a Court of Admiralty)

Between

...

Plaintiﬀ .

and

...

Defendant.

We, the undersigned respectively hereby agree that this cause shall be dealt with, heard and determined according to

the Summary Procedure,

Dated this ................... day of ................. 20.....

...

Plaintiﬀ ’s Attorney.

...

Defendant’s Attorney.

Note.- As the abovementioned rules depart from the ordinary rules and practice it will be necessary for Advocates signing

this consent to obtain their client’s authority to do so.

TABLE OF FEES AND CHARGES

Rs.

For serving every writ of summons including Bailiﬀ ’s Charges for serving the

same and making aﬃ davit.

For every search of service of summons or other process

For Sr No. 1-17,

the Fee and Charges

will be applicable as per

Madras High Court

Original Side Rules/

Commercial Division as

amended from

time to time

For every ordinary return

Sep. 30, 2020]

TAMIL NADU GOVERNMENT GAZETTE

For every special return

For translation when necessary per folio.

For arresting a vessel or goods or person or on the execution of other

warrant including Bailiﬀ ’s charge for executing the same

For serving every notice and other judicial process not speciﬁ ed in this

schedule for each person served including Bailiﬀ ’s charge for serving same

On the execution of any decree, order, commission, or other instrument not

speciﬁ cally mentioned in this schedule

On attending, appointing and swearing appraisers

10.

On delivering up a ship or goods to a purchaser agreeably to the inventory -

11.

On attending the delivery of cargo or sale or removal of a ship of goods

per day.

12.

On retaining possession of a ship with or without cargo, or of a ships cargo,

without a ship, to include the cost of a ship-keeper, if required, per day.

13.

If the [Nazir] or any of his substitutes is required to go a greater distance

than ﬁ ve miles from his oﬃ ce to perform any of the above duties, he shall

be entitled to his reasonable expenses for travelling, board, and maintenance

in addition to the above fees.

14.

On the sale of any vessel or goods, sold pursuant to a decree or order of

the Court or on money realized in execution for every Rs.750 or fraction of

Rs.750 realized.

15.

For release of a vessel, goods or person from arrest

16.

For every certiﬁ cate of seizure

17.

For every other certiﬁ cate

FORM No. 1

FORMAT FOR SUMMONS IN ADMIRALTY SUITS IN REM (See Rule 9)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Admiralty Jurisdiction

CS No. …………………. of 20………..

Between

…Plaintiﬀ

and

…Defendant

To the owners and parties interested in the ship or Vessel ………….. at the ………….. port of ………...

Whereas (enter the name, description and address of the plaintiﬀ ) has instituted a suit in this Court against you (set

out concise statement as appearing in the plaint) you are hereby required to cause an appearing in the plaint) you are

hereby required to cause an appearance to be entered for you in Registry, i.e. the oﬃ ce of the Registrar of this Court on its

Original Side) within ……….. days from the service upon you of this summons, exclusive of the day of such service; and are

summoned to appear before this Court in person or by an advocate duly instructed to answer the Plaintiﬀ ’s claim on the day

the case is down for hearing, upon which date you must be prepared to produce all your witnesses and all documents in your

possession or power upon which you intend to rely in support of your case and you are hereby required to take notice that in

default of your causing an appearance to be so entered, the suit will be liable to be heard and determined in your absence.

The defendant is required by the Court to ﬁ le a Written Statement within ……….. days from the service upon of this

Writ of Summons.

Witness …………………., Chief Justice at Madras,……………..the day of in the year of Two Thousand and

………………………………….

REGISTRAR

100

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[Part III—Sec. 2

Note 1. - An appearance in person or through advocate is to be entered in the Registry, within the time limited.

In default thereof, the suit will be liable to the heard ex parte.

Note 2 - The written statement called for must be ﬁ led within the time limit, the defendant having ﬁ rst entered an

appearance. In default thereof the suit will be liable to be heard ex parte.

Note 3 - The writ must be returned to the High Court immediately after the service thereof, or, if not served and the

time for the return thereof shall not have been extended on the ……………………. day of ……………next.

Note 4 – Should you apprehend your witnesses will not attend of their own accord you can have subpoenas

from this Court to compel the attendance of any witness and the production of any document that you have a right to call

upon the witness to produce, on applying to the Court at any time before the trial, and on payment to them of the fees

and expenses prescribed by the Rules of the Court.

Note 5 – If you admit the demand you should pay the money into Court with the costs of the suit to avoid

sale of any property in respect of which the suit is brought for execution of the decree which may be against your person

or property, or both.

Form No. 2

FORMAT FOR WARRANT (See Rule 4)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Admiralty Jurisdiction

CS No. …………………. Of 20………..

Between

…Plaintiﬀ

And

…Defendant

I, …………………………………………, advocate for the (state whether plaintiﬀ or defendant), pray a warrant to arrest

(state name and nature of property).

Dated the ……………………..day of…………………………20………………

(To be signed by the advocate)

Form No. 3

WARRANT OF ARREST IN ADMIRALTY IN REM (See Rule 4)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ADMIRALTY JURISDICTION)

CS No. …………………. Of 20………..

Between

…Plaintiﬀ

And

…Defendant

The Nazir

You are hereby commanded to arrest the ship or vessel at the Port of _________ and to keep the same under safe

arrest, until you shall receive further orders from Court.

ASSISTANT REGISTRAR

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TAMIL NADU GOVERNMENT GAZETTE

101

Form No. 4

FORMAT FOR SERVICE BY THE NAZIR OF ANY INSTRUMENT

in rem, OTHER THAN A WARRANT (See Rule 9)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Admiralty Jurisdiction

CS No. …………………. of 20………..

Between

…Plaintiﬀ

and

…Defendant

I, ……………………………………………, advocate for the (state whether plaintiff or defendant), pray that the

(state nature of the instrument) left herewith be duly executed.

Dated the ……………………..day of…………………………20………………

(To be signed by the advocate)

Form No. 5

VAKALAT FOR APPEARANCE (See Rule 17)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

ADMIRALTY JURISDICTION

CS No. of 20

In Re Owners and Parties interested in the vessel

Now lying at the Port of ...

...Defendant Vessel

To.

The Registrar

Original Side

Madras High Court

ADMIRALTY VAKALAT

We, ______________, the Plaintiﬀ / Defendant / Intervenor / Caveator, do hereby appoint M/s __________

Advocate High Court, Madras, to act, appear and plead for us and on our behalf to conduct and prosecute

defend the same and all proceedings therein before and after decree. He is / they are also authorised to depute other

Counsel to act on his / their behalf and also in appeal under clause 15 of the letters patent and application

for review Judgment.

Dated at _____this _____ day of ____20.

Plaintiﬀ / Defendant / Intervenor / Caveator

Accepted by me:

Advocate M/s______.

Advocate for Plaintiﬀ / Defendant / Intervenor

Address for Service at

Phone Number

Email ID:

102

TAMIL NADU GOVERNMENT GAZETTE

[Part III—Sec. 2

Form No. 6

FORMAT FOR RELEASE (See Rules 21 and 25)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Admiralty Jurisdiction

CS No. …………………. of 20………..

Between

…Plaintiﬀ

and

…Defendant

I, ……………………………………………, advocate for the (state whether plaintiff or defendant) in a suit

(state the nature of the suit), commenced on behalf of ……………..against the (state name and nature of the property),

now under arrest by virtue of a warrant issued from the Registry, pray a release of the said…………………., (bail having

been given, or the suit having been withdrawn by me before an appearance was entered therein, etc., as the case may be),

and there being no caveat against the release thereof outstanding.

Dated the ……………………..day of…………………………20………………

(To be signed by the advocate)

Form No. 7

RELEASE (See Rules 20 and 24)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Admiralty Jurisdiction

CS No. …………………. of 20………..

The Nazir

Whereas in a suit of …………………………………. Commenced in our said High Court on behalf of …………… against

…………………, you were commanded to arrest the said………………………. and to keep the same under safe arrest

until you should receive further orders from Court. Now you are hereby commanded to release the said …………………..

from the arrest eﬀ ected by virtue of the warrant in the said suit, upon payment being made to you of all costs,

charges and expenses attending the care and custody of the property whilst under arrest in that suit.

Taken out by …………………………. on the ……………. Day of 20….. the …………… or vessel…………….. released

from arrest pursuant to his instrument of release.

ASSISTANT REGISTRAR

Form No. 8

FORMAT FOR CAVEAT AGAINST RELEASE(See Rule 25)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Admiralty Jurisdiction

CS No. …………………. of 20………..

Between

…Plaintiﬀ

and

…Defendant

I, ……………………………………………………., advocate for the plaintiﬀ in this action, pray a caveat against the release

of the (state the name and nature of the property).

Dated the …………………………………. day of …………………20…..

(To be signed by the advocate)

Sep. 30, 2020]

TAMIL NADU GOVERNMENT GAZETTE

103

Form No. 9

FORMAT FOR CAVEAT AGAINST ARREST (See Rules 28)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

ADMIRALTY JURISDICTION

CAVEAT (AGAINST ARREST) No. of 20

Name of the Caveator/Owner of the vessel/ Proposed Defendant

... Caveators

The Registrar

Original Side

Madras High Court

CAVEAT (Against Arrest)

We, Caveator ______________, having our oﬃ ce at ____________________________, hereby request that

a Caveat be entered in the Caveat Register, against arrest of the vessel MV ___________ and we hereby

undertake to enter appearance in the event of any action that may be commenced in the High Court of

Judicature at Madras against the vessel MV______, AND FURTHER UNDERTAKE that within 3 days after service

of Notice of Commencement of any action to give security for the Suit Claim(s), AND WE CONSENT THAT all

instruments, notices, pleadings and other documents in such action may be left at the oﬃ ce of our advocate

_________ having oﬃ ce at _______.

Dated at ______this _______ day of 20______

FOR CAVEATORS

Advocate for the Caveators,

[Authorized Signatory]

Form No. 10

FORMAT FOR CAVEAT WARRANT BY PLAINTIFF (See Rule 28)

IN THE HIGH COURT OF JUDCIATURE AT MADRAS

Admiralty Jurisdiction

CS No_____ of 20_____

Between

…Plaintiﬀ

and

…Defendant

I, (state name, address and description) hereby undertake within three days after I shall have been served with a

notice of any counter-claim herein in respect of which the defendant is entitled to arrest (state name and nature of property)

to give bail to answer such counter claim in a sum not exceeding (state amount for which the undertaking is given)

Rupees, or to pay such sum into the Registry.

Dated the ………………………………… day of …………………. 20……

(To be signed by the advocate)

104

TAMIL NADU GOVERNMENT GAZETTE

[Part III—Sec. 2

Form No. 11

FORMAT TO WITHDRAW CAVEAT (See Rule 45)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ADMIRALTY JURISDICTION)

CS No_____ of 20_____

Between

…Plaintiﬀ

and

…Defendants

I, __________________, advocate for the (state whether plaintiﬀ or defendant), pray that the caveat against (state tenor

of caveat) entered by me on the ___________ day of ________ 20___ on behalf of (state name) may be withdrawn.

Dated the ______ day of ______ 20_______.

(To be signed by the person by whom the Form

for the entry of the caveat was signed)

Form No. 12

BILL OF SALE-CUM-SALE CERTIFICATE

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Admiralty Jurisdiction )

C.S. No.......... of 20.....

Plaintiﬀ

Versus

The owners and party interested

in the Vessel “_____________”

Defendant

Application No. of 20....

C.S. No. of 20....

Applicant/Plaintiﬀ

Versus

The owners and party interested

in the Vessel “______________”

.. Respondent / Defendant

Whereas this Court by an Order dated _________ and made in Application No. _______of ___ in C.S. No. _____ of

_____ ordered sale of the Vessel “___________” lying under arrest at __________ Port in as is where is condition.

Whereas this Court by an Order dated _______ made in Application Nos. _______ and ____________ in C.S. No. ___

of_____ has accepted the bid of INR/US $ ________ (Indian Rupees / US Dollars______________________) submitted by

M/s.________________________________ to purchase the vessel in as is where is condition.

Whereas M/s._________________________________, the purchaser of the Vessel had remitted the entire sale consideration

of a sum of INR/US $_________ (Indian Rupees/ US Dollars________________________________) on _________which

was recorded by this Court by its Order dated _________.

Whereas this Court by an Order dated __________ made in the above application and suit conﬁ rmed the sale of the said

Vessel MV______________________________ in favour of M/s._____________________ and directed that Sale Certiﬁ cate

be issued to M/s __________ for the vessel MV________

Sep. 30, 2020]

TAMIL NADU GOVERNMENT GAZETTE

105

Therefore this is to certify that the Vessel ________________ having international call sign _______ ﬂ ying a _________

Flag registered in ____________ with a gross tonnage of ___________ and net tonnage of _______ is sold in as is where

is condition to M/s ______________________, a Company incorporated in________ , pursuant to the Order dated _______

of High Court of Judicature at Madras (Admiralty Jurisdiction), in Appln No____ of ____ in CS No _____ of ____.

The Sale is free of all liens, liabilities, charges, claims and other encumbrances. Pursuant to such order of sale

M/s._________________ are entitled to transfer the Ship or share thereof in the same manner and to same extent as if the

said M/s._________________ were the registered owner of the said Vessel.

It is further certiﬁ ed that M/s.______________________ is the purchaser of the said Vessel in as is where is condition,

including all tackles, engines, gears, plant, furniture, machinery, appurtenances, bunkers, paraphernalia etc., on board the

said Vessel.

This certiﬁ cate is issued pursuant to the directions of the HON’BLE HIGH COURT OF JUDICATURE AT MADRAS

(ADMIRALTY JURISDICTION) by its Order dated _____________ in the above Applications and suits.

Given under my hand and seal of this Court this the ___ day of _________20______

ASSISTANT REGISTRAR,

HIGH COURT, MADRAS.

High Court, Madras,

C. KUMARAPPAN,

14th September 2020.

Registrar General.

INDIAN RAILWAYS

RAILWAY ELECTRIFICATION

Energisation of Overhead Equipment with 25kv ac 50 cycle single phase supply system for target

during 2020-21 in Southern Railway

(No. ETR/252/RE/2449/EIG)

Proforma 10-01

PUBLIC NOTIFICATION

No. SRO C-18/2020.

Notice is hereby given to all users of Railway lines and premises situated on the completed section of the under noted

sections of the Southern Railway that the 25,000 Volt 50 Hz., ac. Overhead Traction wires will be energized on or after the

date speciﬁ ed against the sections. On and from the same date the Overhead Traction line shall be treated as 'LIVE' at all

times and no unauthorized person shall approach or work in the proximity of the said overhead lines.

Section

Date

Cuddalore Port Jn.-Vriddhachalam Jn.

10-09-2020

Nidamangalam Jn.- Mannargudi

10-09-2020

Vriddhachalam- Salem Jn

10-12-2020

Madurai Jn.- Manamadurai Jn.

10-12-2020

Manamadurai Jn.- Mandapam

10-03-2021

Virudunagar Jn.- Tiruchchirappalli Jn.

10-02-2021

Chennai-600 008,

S. THAMARAI SELVAN,

26th September 2020.

Chief Project Director

Railway Electriﬁ cation.

106

TAMIL NADU GOVERNMENT GAZETTE

[Part III—Sec. 2

Annexure-II

(No.ETR/252/RE/2449/EIG)

INTRODUCTION OF ac 25 kV TRACTION

Proforma 10-02

"WARNING TO ROAD USERS"

No. SRO C-19/2020.

It is Notiﬁ ed for information of the public that in connection with introduction of 25 kV ac electric traction on and from

the dates mentioned against the following sections of Southern Railway, height gauges have been erected at all the level

crossings with clear height between 4.76m and 4.78m, above road level with a view to prevent loads of excessive height from

coming into contact or dangerous proximity to "LIVE" Traction Wires (contact wire), which shall be at a height of minimum

5.5m above the rail level at level crossings.

Section

Date

Cuddalore Port Jn.-Vriddhachalam Jn.

10-09-2020

Nidamangalam Jn.- Mannargudi

10-09-2020

Vriddhachalam- Salem Jn

10-12-2020

Madurai Jn.- Manamadurai Jn.

10-12-2020

Manamadurai Jn.- Mandapam

10-03-2021

Virudunagar Jn.- Tiruchchirappalli Jn.

10-02-2021

Public are hereby, notiﬁ ed to observe the height speciﬁ ed above for the purpose of loading Vehicles and to see that

the loads carried in road vehicles do not infringe the height gauges under any circumstances.

The Dangers of a load of excessive height are as follows:-

(i) Danger to the height gauge and consequent obstruction of the Road as well as the Railway line.

(ii) Danger to the materials or equipments carried or the Vehicle itself.

(iii) Danger of ﬁ re and risk of life due to contact with or dangerous proximity to the conductor.

Chennai-600 008,

S. THAMARAI SELVAN,

26th September 2020.

Chief Project Director

Railway Electriﬁ cation.

Sep. 30, 2020]

TAMIL NADU GOVERNMENT GAZETTE

107

ெபăநகர ெசன்ைன மாநகராட்சி

வăவாய் ýைற

ெசன்ைன மாநகராட்சி āனிசிபல் சட்டம்-1919க்கு, தமிழ்நாû சட்டங்கள் மற்Ąம் அவசர சட்டங்கள் கீழ்,

சட்டத் திăத்தம் (Amendment) ேமற்ெகாள்ளப்பட்û, 16-07-2018 ேததியிட்ட

சட்டத் திăத்தம் (Amendment) ேமற்ெகாள்ளப்பட்û, 16-07-2018 ேததியிட்ட தமிழ்நாû அரசிதழ்

தமிழ்நாû அரசிதழ்

ெவளியீட்டில் கீழ்கண்டவாĄ ெவளியிடப்பட்ûள்ளý.

(வ.ý.ந.க.எண்.ஜி1/6918/2010)

2018 ஆம் ஆண்û சட்டம் எண். 37

No.SRO C-20/2020.

1919 ஆம் ஆண்û ெசன்ைன மாநகராட்சி சட்டத்ைத ேமąம் திăத்தம் ெசய்வதற்கானெதாă சட்டம்.

இந்திய குடியரசின் அĄபத்ý ஒன்பதாம் ஆண்டில் தமிழ்நாû மாநில சட்டமன்றப் ேபரைவயினால் பின்வăமாĄ

சட்டமியற்றப்பûவதாகுக:-

1. (1) இந்தச் சட்டம், 2018 ஆம் ஆண்û ெசன்ைன மாநகராட்சிச் (திăத்தச்) சட்டம் என்Ą அைழக்கப்ெபĄம்.

(2) இý, மாநில அரசு, அறிவிக்ைகயின் வாயிலாக குறிக்கக்கூடிய அத்தைகய ேததியன்Ą நைடāைறக்கு வăதல்

ேவண்ûம்.

2. (இதில், இதன் பின்Ā āதன்ைமச்சட்டம் எனக் குறிப்பிடப்பûவதான) 1919 ஆம் ஆண்û ெசன்ைன மாநகராட்சி

சட்டத்தின் IVஆம் இைணப்Āப்பட்டியலில், பகுதி VI இல், 29-C எÿம் விதிக்கு பின்னர், பின்வăம் விதிகள் ேசர்க்கப்பûதல்

ேவண்ûம். அதாவý :-

“29-D. ெசąத்தங்கĆக்கான உரிய ேததிக்குப்பின்னர், ெதாைக ஏேதÿம் ெசąத்தப்படாý இăந்தால், வரிவிதிப்Āக்குரியவர்,

ெசąத்த

ேவண்டிய

ெதாைகĂடன்

கூûதலாக,

இரண்û

விćக்காட்டிற்கு

மிைகயல்லாத

அத்தைகய

வீதத்தில்

வகுத்ýைரக்கப்படலாகிறவாĄ தனி வட்டி ெசąத்ýதல் ேவண்ûம்.

29-E. வரிவிதிப்Āக்குரியவரால் ெசய்யப்பட்ட ேமல்āைறயீட்டில் வரிவிதிப்Ā ேமல்āைறயீட்ûத் தீர்ப்பாயத்தால்

வழங்கப்பட்ட ஆைணகளின் விைளவாக மாநகராட்சிக்கு உரிய நிąைவத் ெதாைக இăக்கிறவிடத்ý, வரிவிதிப்Āக்குரியவரானவர்,

ஆைண பிறப்பிக்கப்பட்ட ேததியிலிăந்ý பதிைனந்ý நாட்கĆக்குள், ெசால்லப்பட்ட ெதாைகைய, ெசąத்த ேவண்டிய

ேததியிலிăந்ý, இரண்û விćக்காû தனி வட்டிĂடன் ெசąத்ýதல் ேவண்ûம்.

29-F. எந்த ஒă ெசாத்ýவரி ெசąத்ýபவăம் அைரயாண்û ெதாடக்கத் ேததியிலிăந்ý பதிைனந்ý நாட்கĆக்குள்

ெசாத்ýவரி ெசąத்ýகிறாேரா அவăக்கு, நிகர ெசாத்ýவரி ெசąத்ýம் ெதாைகக்கு ஐந்ý சதவீதம் அல்லý அதிகபட்சமாக

ஐந்தாயிரம் ĕபாய் ஊக்கத்ெதாைக வழங்கப்பûதல் ேவண்ûம்.”

3. āதன்ைமச் சட்டத்தின் V ஆம் இைணப்Āப் பட்டியலில், பகுதி II விதி, 14 இல் (h) எÿம் கூĄக்கு பின்னர்

மற்Ąம் வைரயைறக்கு āன்னர் பின்வăம் கூறானý, Āகுத்தப்பûதல் ேவண்ûம், அதாவý:-

“IVஆம் இைணப்Ā பட்டியலின் 29-F எÿம் விதியின்படி வரிவிதிப்Āக்குரியவăக்கு வழங்கப்பட

ேவண்டிய ஊக்கத்ெதாைக.”

ெசன்ைன

மாநகராட்சி

āனிசிபல்

சட்டம்-1919க்கு

ேமற்ெகாள்ளப்பட்ட

சட்ட

திăத்தத்தின்படி,

ஒவ்ெவாă அைரயாண்û ýவக்கத்தின் āதல் 15 தினங்கĆக்குள் ெசąத்தப்பட ேவண்டிய ெசாத்ýவரி ெதாைகயிைன

ெசąத்ýம் ெசாத்ý உரிைமயாளăக்கு, ெசąத்தப்பûம் நிகர ெசாத்ý வரியில் (கல்வி வரி, Đலகத் தீர்ைவ தவிர்த்ý)

ஊக்கத் ெதாைக ஐந்ý சதவீதம், அதிகபட்சமாக ĕ.5000/- வைர வழங்கப்பûம். ெசாத்ý உரிைமயாளரால் ெசąத்தப்பட

ேவண்டிய காலத்திற்குள் ெசąத்தப்படாமல் உள்ள ெதாைகக்கு (கல்வி வரி, Đலகத் தீர்ைவ தவிர்த்ý) இரண்û சதவீதம் தனி

வட்டி விதிக்கப்பûம். இந்த சட்ட திăத்தம் 01 அக்ேடாபர் 2019 āதல் நைடāைறக்கு ெகாண்û வரப்பûகிறý.

ெசன்ைன மாநகராட்சி āனிசிபல் சட்டம்-1919, பிரிĈ 98-Aன்படி, இந்த அறிவிப்பிைன ெவளியிட சிறப்Ā அதிகாரி –

மன்றத் தீர்மானம் எண்.666, நாள்.22-09-2020ன்படி அÿமதி அளித்ýள்ளý.

ெசன்ைன மாநகராட்சி āனிசிபல் சட்டம்-1919, 98-Aன்படி, இந்த அறிவிப்Ā ெவளியிடப்பûகிறý.

ேமற்குறிப்பிட்ட ெபாăள் ெதாடர்பாக ஆட்ேசபைணகள் ஏýமிăப்பின், அதைன குறிப்பிட்ட நாட்கĆக்குள், எćத்ý

ēலமாக ஆைணயர், ெபăநகர ெசன்ைன மாநகராட்சி, ரிப்பன் கட்டிடம், ெசன்ைன-600 003 என்ற āகவரிக்கு அÿப்பிடலாம்.

ெசன்ைன-600 003.

ேகா. பிரகாஷ்,

2020 ெசப்டம்பர் 26.

ஆைணயர்.

108

TAMIL NADU GOVERNMENT GAZETTE

[Part III—Sec. 2

CORPORATION OF CHENNAI

REVENUE DEPARTMENT.

NOTIFICATION

Tamil Nadu Government Gazette Extraordinary published the Tamil Nadu Acts and Ordinances dated

16-07-2018 for amendment to the Chennai City Municipal Corporation Act, 1919 as follows:

Act No.37 of 2018 – The Chennai City Municipal Corporation (Amendment) Act, 2018,

(R.D.C.No.G1/6918/2010)

ACT No. 37 of 2018.

An Act further to amend the Chennai City Municipal Corporation Act, 1919.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-ninth Year of the Republic of India

as follows:—

1. (1) This Act may be called the Chennai City Municipal Corporation (Amendment) Act, 2018

(2) It shall come into force on such date, as the State Government may, by notiﬁ cation, appoint.

2. In Schedule-IV to the Chennai City Municipal Corporation Act, 1919 (hereinafter referred to as the principal Act),

in Part VI, after rule 29-C, the following rules shall be added, namely:-

“29-D. If any amount remains unpaid after the due date for its payment, the assessee shall pay, in addition to the amount

due, interest at such rate not exceeding two per cent simple interest, as may be prescribed.

29-E. Where arrears amount are due to the Corporation consequent on the orders delivered by the

Taxation Appeal Tribunal in the appeal preferred by the assessee, the assessee shall pay the said amount

with two per cent simple interest from the due date of payment of the said amount, within ﬁ fteen days from the

date of delivery of the order.

29-F. Five per cent of the net property tax payable by an assessee, subject to a maximum of ﬁ ve thousand rupees

shall be granted as an incentive, who has paid the property tax within ﬁ fteen days from the date of commencement of the

half year.”.

3. In Schedule-V to the principal Act, in Part II, in rule 14, after clause (h) and before the proviso, the following

clause shall be inserted, namely:—

“(i) incentive payable to the assessee under rule 29-F of Schedule - IV”.

As per the above amendment to Chennai City Municipal Corporation Act, 1919, the assesses who pays

the net property tax(Property Tax less Education Tax & Library Cess) within ﬁ fteen days from the date of commencement

of half year shall be granted an incentive of five percent of the net payable tax upto maximum of Rs.5,000/-.

If any amount remains unpaid after the due date for its payment, two percent simple interest will be levied for the

unpaid amount of the net payable tax(unpaid Property Tax less Education Tax & Library Cess). This amendment comes into

force with eﬀ ect from 1st of October 2019.

The Special Oﬃ cer Council has approved vide Special Oﬃ cer – Council Resolution No.666/2020, dated 22-09-2020 to

publish the notiﬁ cation under Section 98-A of Chennai City Municipal Corporation Act, 1919.

This Notiﬁ cation is published as per Section 98-A of Chennai City Municipal Corporation Act, 1919.

Objections if any, in this regard may be informed within the stipulated period in writing to the Commissioner, Greater

Chennai Corporation, Ripon Buildings, Chennai 600 003.

Chennai-600 003,

G. PRAKASH,

26th September 2020.

Commissioner.

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

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU