Statutory Notifications and Orders issued by Heads of Departments

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© GOVERNMENT OF TAMIL NADU 2021

[Regd. No. TN/CCN/467/2012-14. [R. Dis. No. 197/2009. [Price : Rs. 2.40 Paise.

No. 35] CHENNAI, WEDNESDAY, SEPTEMBER 1, 2021 Aavani 16, Pilava, Thiruvalluvar Aandu–2052

Part III—Section 2

Statutory Notifications and Orders issued by Heads of Departments.

NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC.

CONTENTS

Pages GREATER CHENNAI CORPORATION

REVENUE DEPARTMENT

Notifi cation for Assessment of Cell Phone Tower for Property Tax as per Chennai City Municipal Corporation Act, 1919. .. .. .. .. .. .. .. .. .. 88-90 DEPARTMENT OF PUBLIC HEALTH AND PREVENTIVE MEDICINE

Mandating use of Aadhaar Authentication by the benefi ciaries under the scheme of PICME 90-92 CHIEF ELECTRICAL INSPECTOR TO GOVERNMENT, CHENNAI.

The Tamil Nadu Information Technology (Electronic Services Delivery) Rules, 2016. 92

[87]

DTP—III-2 (35)88 TAMIL NADU GOVERNMENT GAZETTE [Part III—Sec. 2 NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC.,

GREATER CHENNAI CORPORATION

REVENUE DEPARTMENT

Notification for Assessment of Cell Phone Tower for Property Tax as per Chennai City Municipal Corporation Act, 1919.

(R.D.C.No.G1/15592/2007, dated 25.07.2021.)

No. SRO C-24/2021.

Under Section 99(1) of Chennai City Municipal Corporation Act, 1919, if the council by a resolution determines that property tax shall be levied, such tax shall be levied on all buildings and lands within the city save those exempted under this Act or any other law.

Under Section 100(1) of Chennai City Municipal Corporation Act, 1919, every building shall be assessed together with its site and other adjacent premises occupied as appurtenances thereto unless the owner of the building is a different person from the owner of such site or premises.

Under Section 100(2) of Chennai City Municipal Corporation Act, 1919, the annual value of lands and buildings shall be deemed to be the gross annual rent at which they may at the time of assessment reasonably be expected to let from month to month or from year to year less a deduction, in the case of buildings, of ten per cent of that portion of such annual rent, which is attributable to the buildings alone, a part from their sites and the adjacent lands occupied as an appurtenance thereto and the said deduction shall be in lieu of all allowance for repairs or on any other account whatever:

Under Section 3(4) (a) of Chennai City Municipal Corporation Act, 1919, "buildings" includes a house, out-house, stable, latrine, godown, shed, hut, wall (other than a boundary wall not exceeding eight feet in height) and any other structure whether of masonry bricks, mud, wood, metal or any other material whatsoever.

In Writ Petition Nos. 21040 to 21044 of 2010 and 10809 of 2012 (and) Writ Petition Nos. 27969 to 27972 of 2010 and 11213 to 11215, 16225 of 2011 Hon'ble High Court of Madras ordered dated 16.04.2021 that,

" (2) In respect of assessment of property tax, the respondent-Corporation has to follow the mandatory procedures as contemplated under the relevant provisions of the CCMC Act, 1919 and accordingly, redetermine the property tax in respect of the BTS Towers installed in the premises of the respective writ petitioners by affording opportunity to them and pass appropriate orders on merit and in accordance with law, within a period of four months from the date of receipt of a copy of this order, enabling the writ petitioners to settle their property tax;

(3) For making reassessment of property tax under the relevant provisions of the CCMC Act, 1919, the writ petitioners are directed to submit copies of the lease agreement, license and other relevant documents, to the respondent-Corporation, within a period of four weeks from the date of receipt of a copy of this order along with objections or representations, if any."

As per the above provisions in Chennai City Municipal Corporation Act, 1919 and orders of the Hon'ble High Court of Madras dated 16.04.2021 on Writ Petition Nos. 21040 to 21044 of 2010 and 10809 of 2012 (and) Writ Petition Nos. 27969 to 27972 of 2010 and 11213 to 11215, 16225 of 2011, the owners of the Land & Buildings who have erected Cell Phone Towers in their land and buildings are liable to pay property tax to Greater Chennai Corporation.

As per the above Order, the Special Offi cer – Council in its Resolution No.563/2021, dated 13.07.2021 has proposed to derive the Annual Value of Cell Phone Towers based on the monthly rental income received by the owner as 'Monthly Rental Value' to levy property tax for such towers.

The existing assessments are proposed to be revised from the date of commencement of assessment i.e. II/2009-10 and towers that were not assessed earlier, will be assessed as per Section 137-B of CCMC Act, 1919.

Under Section 98-A of Chennai City Municipal Corporation Act, 1919 the above notifi cation is published for submission of objections.

In case of any objections, it may be sent to the Principal Secretary/Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai-600 003, for consideration. The last date for submission of objection is one month from the date of publication of this Gazette Notifi cation.

Chennai-600 003, 24th August 2021.

GAGANDEEP SINGH BEDI, Principal Secretary/Commissioner, Greater Chennai Corporation.

, "if the council by a resolution determines that property tax shall be levied, such tax shall be levied on all buildings and lands within the city save those exempted under this Act or any other law." 100 (1) , "every building shall be assessed together with its site and other adjacent premises occupied as appurtenances thereto unless the owner of the building is a different person from the owner of such site or premises.

100 (2) , the annual value of lands and buildings shall be deemed to be the gross annual rent at which they may [at the time of assessment] reasonably be expected to let from month to month or from year to year [less a deduction, in the case of buildings, of ten per cent of that portion of such annual rent which is attributable to the buildings alone, a part from their sites and the adjacent lands occupied as an appurtenance thereto] and the said deduction shall be in lieu of all allowance for repairs or on any other account whatever:

(4) (a)ல், "buildings" includes a house, out-house, stable, latrine, godown, shed, hut, wall(other than a boundary wall not exceeding eight feet in height) and any other structure whether of masonry bricks, mud, wood, metal or any other material whatsoever.

W.P.Nos. 21040 to 21044 of 2010 and 10809 of

2012 (மற்றும்) W.P.Nos. 27969 to 27972 of 2010 and 11213 to 11215, 16225 of 2011

"(2) In respect of assessment of property tax, the respondent-Corporation has to follow the mandatory procedures as contemplated under the relevant provisions of the CCMC Act, 1919 and accordingly, redetermine the property tax in respect of the BTS Towers installed in the premises of the respective writ petitioners by affording opportunity to them and pass appropriate orders on merit and in accordance with law, within a period of four months from the date of receipt of a copy of this order, enabling the writ petitioners to settle their property tax;

(3) For making reassessment of property tax under the relevant provisions of the CCMC Act, 1919, the writ petitioners are directed to submit copies of the lease agreement, license and other relevant documents, to the respondent-Corporation, within a period of four weeks from the date of receipt of a copy of this order along with objections or representations, if any."

W.P.Nos. 21040 to 21044 of 2010 and 10809 of 2012 (மற்றும்) W.P.Nos. 27969 to 27972 of 2010 and 11213 to 11215, 16225 of 2011

DEPARTMENT OF PUBLIC HEALTH AND PREVENTIVE MEDICINE

Under Section 7 of the Aadhaar and other Laws (Amendment) Act, 2019) by the State Governments for the schemes funded out of Consolidated Fund of State. Permits the use of

Mandating use of Aadhaar authentication by the beneficiaries under the scheme of PICME as per the provisions of Section 7 of the Aadhaar (Permits the use of Aadhaar Number for establishing the identity of an individual for any purpose pursuant to any contract to this effect)

[G.O Ms. No.118, Health and Family Welfare (P2) Department, dated: 02-04-2018 &

G.O.Ms. No.130, Health and Family Welfare (L2) Department, dated: 13-04-2018]

(R.No. 22799/Imm/S5/2021, 2-06-2021.)

No. SRO C-25/2021.

R.No.22799/Imm/S5/2021 Whereas, the use of Aadhaar as an identity document for delivery of services or benefi ts or subsidies simplifi es the Government delivery processes, brings in transparency and effi ciency, and enables benefi ciaries to get their entitlements directly in a convenient and seamless manner by obviating the need to produce multiple document to prove one's identity;

And whereas, the Department of Public Health and Preventive Medicine [hereinafter referred to as the Department], is administering the Dr. Muthulakshmi Reddy Maternity Benefi t Scheme [hereinafter referred to as the Scheme] to, provide fi nancial assistance to the poor pregnant mother under Dr. Muthulakshmi Reddy Maternity Benefi t Scheme which is being implemented through the Director of Public Health and Preventive Medicine [hereinafter referred to as the implementing Agency];

And whereas, under the Scheme, the fi nancial assistance [hereinafter referred to as the benefi t] is given to the poor pregnant mothers [hereinafter referred to as the benefi ciaries], by the Implementing Agency as per the extant Scheme guidelines;

And whereas, the aforesaid Scheme involves recurring expenditure incurred from the Consolidated Fund of State of Tamil Nadu.

Now, therefore, in pursuance of section 7 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefi ts and Services) Act, 2016 (18 of 2016) (hereinafter referred to as the said Act), the Government of Tamil Nadu hereby notifi es the following, namely:-

1. (1) An individual eligible for receiving the benefi ts under the Scheme shall hereby be required to furnish proof of possession of the Aadhaar number or undergo Aadhaar authentication.

(2) Any individual desirous of availing benefi ts under the Scheme, who does not possess the Aadhaar number or, has not yet enrolled for Aadhaar, shall be required to make application for Aadhaar enrolment before registering for the Scheme provided that he is entitled to obtain Aadhaar as per section 3 of the said Act, and such individuals shall visit any Aadhaar enrolment centre (list available at the Unique Identifi cation Authority of India (UIDAI) website www.uidai.gov.in) to get enrolled for Aadhaar.

(3) As per regulation 12 of the Aadhaar (Enrolment and Update) Regulations, 2016, the Department through its Implementing Agency, is required to offer Aadhaar enrolment facilities for the benefi ciaries who are not yet enrolled for Aadhaar and in case there is no Aadhaar enrolment centre located in the respective Block or Taluka or Tehsil, the Department through its Implementing Agency shall provide Aadhaar enrolment facilities at convenient locations in coordination with the existing Registrars of UIDA or by becoming a UIDAI Registrar themselves:

Provided that till the time Aadhaar is assigned to the individual, benefi ts under the Scheme shall be given to such individual, subject to the production of the following documents, namely:-

(a) If he has enrolled, his Aadhaar Enrolment Identifi cation slip, and

(b) Anyone of the following documents, namely:-

(i) Bank or Post Offi ce Passbook with Photo; or

(ii) Permanent Account Number (PAN) card; or

(iii) Passport; or

(iv) Ration Card; or

(v) Voter Identity Card; or

(vi) MGNREGA Card; or

(vii) Kisan Photo Passbook; or

(viii) Driving License issued by the Licensing Authority under the Motor Vehicles Act, 1988 (59 of 1988); or (ix) Certifi cate of identity having photo of such person issued by a Gazetted Offi cer or a Tahsildar on an offi cial letter head; or

(x) Any other document as specifi ed by the Department:

Provided further that the above documents may be checked by an offi cer specifi cally designated by the Department for that purpose.

2. In order to provide benefi ts to the benefi ciaries under the Scheme conveniently, the Department through its Implementing Agency shall make all the required arrangement to ensure that wide publicity through the media shall be given to the benefi ciaries to make them aware of the said requirement.

3. In all cases, where Aadhaar authentication fails due to poor biometrics of the benefi ciaries or due to any other reason, the following remedial mechanisms shall be adopted, namely:-

(a) In case of poor fi ngerprint quality, Integrated Risk Information System scan or face authentication facility shall be adopted for authentication, thereby the Department through its Implementing Agency shall make provisions for Integrated Risk Information System scanners or face authentication along with fi nger-print authentication for delivery of benefi ts in seamless manner;

(b) In case the biometric authentication through fi ngerprints or Integrated. Risk Information System scan or face authentication is not successful, wherever feasible and admissible authentication by Aadhaar One Time Password or Time based One - Time Password with limited time validity, as the case may be, shall be offered.

(c) In all other cases where biometric or Aadhaar One Time Password or Time-based One-Time Password authentication is not possible, benefi ts under the Scheme may be given on the basis of physical Aadhaar letter whose authenticity can be verifi ed through the Quick Response code printed on the Aadhaar letter and the necessary arrangement of Quick Response code reader shall be provided at the convenient locations by the Department through its Implementing Agency.

4. In Addition to the above, in order to ensure that no bona fi de benefi ciary under the Scheme is deprived of his due benefi ts, the Department through its Implementing Agency shall follow the exception handing mechanism as outlined in the Offi ce Memorandum of DBT Mission, Cabinet Secretariat, Government of India, dated 19th December 2017.

5. This notifi cation shall come into effect from the date of its publication in the Offi cial Gazette.

Chennai-600 006, 24th August 2021.

T.S. SELVAVINAYAGAM, Director of Public Health and Preventive Medicine.

CHIEF ELECTRICAL INSPECTOR TO GOVERNMENT, CHENNAI.

THE TAMIL NADU INFORMATION TECHNOLOGY (ELECTRONIC SERVICES DELIVERY) RULES, 2016

(Letter No. 7720/CEIG/D1/2021, 12.7.2021)

No. SRO C-26/2021.

In exercise of the powers conferred by sub-rule [1] of rule 5 of the Tamil Nadu Information Technology [Electronic Service Delivery] Rules 2016, Chief Electrical Inspector to Government, Chennai - 32, hereby notifi es the public Services specifi ed in column [2] of the table below to be the services that can be delivered through electronic mode under the electronic service delivery system and the other relevant particulars as specifi ed in column [3] thereof.

Chennai-600 032,

T. ELAMBOORANAN, 26th August 2021.

Chief Electrical Inspector to Government. PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU