Home India Part II-Section 1 ADI DRAVIDAR AND TRIBAL WELFARE DEPARTMENT - Tamil Nadu Sani...
Date: 2021-04-14 Category: Not Applicable State: Tamil Nadu Country: India

ADI DRAVIDAR AND TRIBAL WELFARE DEPARTMENT - Tamil Nadu Sanitary Workers Welfare Association Members Elected Government Order Issued

Issued by Part II-Section 1 · Not Applicable

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Executive Summary & Key Takeaways

**Executive Summary** The Tamil Nadu Government Gazette, published on April 12, 2017, contains notifications and orders from Secretariat Departments. Key amendments are made to the Tamil Nadu Kerosene (Regulation of Trade) Order, 1973. Additionally, modifications are made to notifications under the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act. **Key Points / Main Content** * **Amendments to Tamil Nadu Kerosene (Regulation of Trade) Order:** * Definition of "Commissioner" is updated to mean the Commissioner of Civil Supplies, Chennai. * References to "Joint Commissioner of Civil Supplies" are updated to include "Joint Commissioner of Civil Supplies, Additional Commissioner of Civil Supplies" in various clauses. * Marginal heading of clause 23 is amended to "Forfeiture of Security Deposit or Imposition of Fine or Suspension or Cancellation of Licence." * Sub-clause (1) of clause 23 is updated with detailed procedures for forfeiture of security deposits, imposition of fines, or suspension/cancellation of licenses for dealers contravening license conditions or statutory orders. * A table outlines specific penalties (fine amounts, security deposit forfeiture, and/or license suspension/cancellation) for various irregularities, including non-observance of government regulations, overcharging, and short delivery of products. * Licensees must remit fines or forfeited security deposits within 7 days unless the orders are stayed by an appellate authority. Failure to remit results in automatic adjustment from the security deposit and invalidation of the license. * Deadlines for appeal petitions have been introduced. * **Modifications to Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act:** * The entry "31 Bairasandiram" is removed from column (3) of the Schedule against "Salem" in Column (1) and against "Hosur" in column (2). * The entries "6 Elasandiram" and "27 Marasandiram" are removed from column (3) of the Schedule against "Salem" in column (1) and against the entry "Hosur" in column (2). **Impact Analysis** * **Kerosene Dealers/Licensees:** * **Impact:** Affected by new regulations concerning penalties for irregularities in the kerosene trade, including potential fines, security deposit forfeitures, and license suspensions or cancellations. * **Action Required:** Must comply with updated regulations, remit fines/forfeitures within specified timeframes, and adhere to penalties outlined for specific offenses to maintain valid licenses. * **Licensing Authorities (District Revenue Officer, Deputy Commissioner of Civil Supplies, Joint Commissioner of Civil Supplies, Additional Commissioner of Civil Supplies or Commissioner of Civil Supplies):** * **Impact:** Have updated procedures and powers regarding the imposition of penalties on kerosene dealers and are required to ensure dealers are informed of these processes. * **Action Required:** Implement updated procedures for enforcing regulations, assess penalties based on updated guidelines, and maintain accurate records of enforcement actions. * **Landowners/Affected Parties in Salem and Hosur regions:** * **Impact:** Affected by changes to land records in Salem and Hosur regions. * **Action Required:** Review records to check that they match the updated notification.

Key Entities Referenced

Tamil Nadu Kerosene (Regulation of Trade) Order, 1973: The primary subject of the notification is amendments to this order, concerning kerosene trade regulation in Tamil Nadu. Essential Commodities Act, 1955: Central Act providing powers under which the Tamil Nadu order is issued; Section 3 is specifically mentioned as conferring the relevant powers. Co-operation, Food and Consumer Protection Department: The Tamil Nadu government department responsible for issuing the amendments to the Kerosene (Regulation of Trade) Order. Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963: Tamil Nadu Act, which is responsible for modification to Notification under the Act. Chennai: Location specifically applicable in the context of Commissioner of Civil Supplies.
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© [Regd. No. TN/CCN/467/2012-14. GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009. 2017 [Price: Rs.1.60 Paise. TAMIL NADU GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY No. 15] CHENNAI, WEDNESDAY, APRIL 12, 2017 Panguni 30, Thunmugi, Thiruvalluvar Aandu–2048 Part II—Section 1 Notifications or Orders of specific character or of particular interest to the public issued by Secretariat Departments. NOTIFICATIONS BY GOVERNMENT CONTENTS CO-OPERATION, FOOD AND CONSUMER PROTECTION DEPARTMENT Pages. Amendments to the Tamil Nadu Kerosene (Regulation of Trade) Order .. 32-34 REVENUE DEPARTMENT Modification to Notification under the Tamil Nadu Inam Estates (Abolition and Conversion 26 into Ryotwari) Act. .. .. .. .. .. 34 DTP—II-1(15) [ 31 ]32 TAMIL NADU GOVERNMENT GAZETTE [Part II—Sec.1 NOTIFICATIONS BY GOVERNMENT CO-OPERATION, FOOD AND CONSUMER PROTECTION DEPARTMENT Amendments to the Tamil Nadu Kerosene (Regulation of Trade) Order. [G.O.Ms. No.43, Co-operation, Food and Consumer Protection (C2), 16th March 2017, ðƒ°Q 3, ¶¡ºA, F¼õœÀõ˜ ݇´-2048.] No.II(1)/CFCP/12/2017. In exercise of the powers conferred by Section 3 of the Essential Commodities Act, 1955 (Central Act 10 of 1955) read with the Government of India, Ministry of Mines and Fuel Order S.O.No.3524, dated the 13th November 1962, the Governor of Tamil Nadu hereby makes the following amendments to the Tamil Nadu Kerosene (Regulation of Trade) Order, 1973:- AMENDMENTS In the said Order,- (1) in clause 2, for sub-clause (f), the following sub-clause shall be substituted, namely:- “(f) ‘Commissioner’ means the Commissioner of Civil Supplies, Chennai”; (2) in clause 18, - (i) in sub-clauses (1) and (2), for the expression “Joint Commissioner of Civil Supplies”, the expression “Joint Commissioner of Civil Supplies, Additional Commissioner of Civil Supplies” shall be substituted; (ii) in sub-clause (3), after the expression “Collector”, the expression “Joint Commissioner of Civil Supplies, Additional Commissioner of Civil Supplies” shall be inserted; (3) in clause 19, in sub-clause (1), for the expression “Joint Commissioner of Civil Supplies”, the expression “Joint Commissioner of Civil Supplies, Additional Commissioner of Civil Supplies” shall be substituted; (4) in clause 20, in sub-clause (2), for the expression “Joint Commissioner of Civil Supplies”, the expression “Joint Commissioner of Civil Supplies, Additional Commissioner of Civil Supplies” shall be substituted; (5) in clause 21, for the expression “Joint Commissioner of Civil Supplies”, the expression “Joint Commissioner of Civil Supplies, Additional Commissioner of Civil Supplies” shall be substituted; (6) in clause 22, for the expression “Joint Commissioner of Civil Supplies”, the expression “Joint Commissioner of Civil Supplies, Additional Commissioner of Civil Supplies” shall be substituted; (7) in clause 23,- (i) for the marginal heading, the following marginal heading shall be substituted, namely:- “Forfeiture of Security Deposit or Imposition of Fine or Suspension or Cancellation of Licence”; (ii) for sub-clause (1), the following sub-clause shall be substituted, namely:- “(1) (a) Without prejudice to the provisions of clause 27, if the licensing authority, District Revenue Officer, Deputy Commissioner of Civil Supplies, Joint Commissioner of Civil Supplies or Additional Commissioner of Civil Supplies or Commissioner of Civil Supplies has reason to believe that any dealer has contravened any of the conditions of the licence or registration certificate or statutory order and that a forfeiture of the security deposit or imposition of fine or suspension or cancellation of licence is called for, he may, after giving the dealer a reasonable opportunity to defend his case in writing against the proposed action, by an order, forfeit the whole or any part of the security deposit remitted by him or suspend or cancel the licence issued to the dealer, for the offence with reference to the nature of the offence committed by the dealer as specified in the Table below and copy of such order in writing shall be communicated to the dealer concerned. Such punishment shall also be entered on the licence of the dealer and in the licence register being maintained by the licensing authorities immediately on passing of such order.Apr. 12, 2017] TAMIL NADU GOVERNMENT GAZETTE 33 THE TABLE Sl.No. Nature of irregularity Penal Action (1) (2) (3) 1st offence 2nd offence 3rd offence 1. Non-observance of Forfeiture of Forfeiture of entire Cancellation of Government regulations, Rs.5000/- from Security Deposit wholesale licence. operating guidelines and Security Deposit remitted by kerosene instructions on sale and remitted by kerosene wholesaler and distribution of Superior wholesaler and suspension of licence Kerosene Oil. suspension of licence for 30 days. for 15 days. 2. Over charging. Forfeiture of Forfeiture of entire Cancellation of Rs.5000/- from Security Deposit wholesale licence. Security Deposit remitted by kerosene remitted by kerosene wholesaler and wholesaler and suspension of licence suspension of licence for 30 days. for 15 days. 3. (a) Short delivery of products Sales and supplies should be suspended from dispensing till (Weight and Measurements re-calibration is carried out by Weight and Measurements Department seals intact). in the presence of the officer of the Oil Company and Civil Supplies Department. (b) Short Delivery of products Cancellation of (Weights and Measures seals wholesale licence --- --- tampered). (irrespective of delivery being short or correct or excess). (c) Totaliser seals found Cancellation of tampered with (Penal action as wholesale licence applicable for Weights and (irrespective of delivery --- --- Measures seals tampered). being short or correct or excess). 4. Unauthorised purchase or Cancellation of sale or exchange of Superior wholesale licence. Kerosene Oil or any product which could be used as a --- --- substitute for this product, including diversion of products in transit from oil terminal to wholesale point to Fair Price Shops whenever delivery is made by dealer. 5. Stock variation between Cancellation of physical stock and book stock wholesale licence. --- --- beyond permissible limits. (b) The licensee shall remit the fine amount or forfeiture of the Security Deposit as ordered by the Licensing Authority or District Revenue Officer or Deputy Commissioner of Civil Supplies or Joint Commissioner of Civil Supplies or Additional Commissioner Civil Supplies or Commissioner of Civil Supplies or Government within 7 days from the date of receipt of the orders unless or otherwise such orders are stayed by the appellate authority on petition from the wholesaler or retailer. If the dealer fails to remit the fine amount within the period specified above, such amount shall be adjusted from the Security Deposit remitted by the dealer and the licence shall automatically become invalid for falling short of Security Deposit.”;34 TAMIL NADU GOVERNMENT GAZETTE [Part II—Sec.1 (8) in clause 24,- (i) in sub-clause (1), for the expression “Joint Commissioner of Civil Supplies and Consumer Protection”, the expression “Joint Commissioner of Civil Supplies, Additional Commissioner of Civil Supplies” shall be substituted; (ii) in sub-clause (2), for the expression “Joint Commissioner of Civil Supplies”, the expression “Joint Commissioner of Civil Supplies, Additional Commissioner of Civil Supplies” shall be substituted; (9) in clause 25, for the expression “Commissioner”, the expression “Commissioner or Additional Commissioner of Civil Supplies” shall be substituted; (10) in clause 27, in sub-clause (1),- (a)after the expression “within their respective jurisdiction”, the expression “and such appeal petition shall be disposed of within 90 days from the date of its receipt” shall be added; (b)in the Tabular column,- (i) against the entry “(e) The Deputy Commissioner of Civil Supplies (City) and Collectors” in column (i), after the expression “The Commissioner of Civil Supplies” in column (ii) thereof, the expression “or Additional Commissioner of Civil Supplies” shall be inserted; (ii) in column (i), in entry (f), after the expression “Joint Commissioner of Civil Supplies”, the expression “or Additional Commissioner of Civil Supplies” shall be inserted. PRADEEP YADAV, Principal Secretary to Government. REVENUE DEPARTMENT Modification to Notification under the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act. [G.O.Ms. No.79, Revenue [SS.1(2)], 23rd March 2017.] No. II(1)/REV/13/2017. In exercise of the powers conferred by sub-section (5) of Section 1 of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963 (Tamil Nadu Act 26 of 1963), the Governor of Tamil Nadu hereby makes the following modification to the Revenue Department Notification II-1 No 1061 of 1965, published at pages 1 to 6 of Part II—Section 1 of the Fort St. George Gazette Extraordinary, dated the 15th March, 1965. MODIFICATION In the said Notification, in the Schedule, in column (3), against the entry “Salem” in Column (1) and against the entry “Hosur” in column (2), the entry “31 Bairasandiram” shall be omitted. [G.O.Ms. No.80, Revenue [SS.1(2)], 23rd March 2017.] No. II(1)/REV/14/2017.— In exercise of the powers conferred by sub-section (5) of Section 1 of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963 (Tamil Nadu Act 26/1963), the Governor of Tamil Nadu hereby makes the following modification to the Revenue Department Notification II-1 No. 1431 of 1965, published at pages 588 to 593 of Part II—Section 1 of the Fort St. George Gazette, dated the 31st March, 1965. MODIFICATION In the said Notification, in the Schedule, in column (3), against the entry “Salem” in column (1) and against the entry “Hosur” in column (2), the entries “6 Elasandiram “and” 27 Marasandiram" shall be omitted. CHANDRA MOHAN, B. Secretary to Government. PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU

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