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Date: 2018-02-28 Category: Not Applicable State: Tamil Nadu Country: India

HOME, PROHIBITION AND EXCISE DEPARTMENT - Amendments to the Tamil Nadu Brewery Rules

Issued by Part III-Section 1a · Not Applicable

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Executive Summary & Key Takeaways

**Executive Summary** This document is the Tamil Nadu Government Gazette, Part III-Section 1(a), published on February 28, 2018. It contains notifications by the government, including draft amendments to the Tamil Nadu Motor Vehicles Rules, amendments to the Tamil Nadu Brewery Rules, the Tamil Nadu Factories Rules, and the Tamil Nadu State Information Commission (Appeal Procedure) Rules, 2012. Any objections or suggestions regarding the draft amendments to the Tamil Nadu Motor Vehicles Rules must be submitted within thirty days of the publication date. **Key Points / Main Content** * **Home Department - Draft Amendments to the Tamil Nadu Motor Vehicles Rules** * New definitions for "Sleeper Coach" and "Sleeper Coach-cum-Seater" are inserted. * FORM CCPA: "Type of the contract carriage" is added after serial number 3 and the entry relating thereto. The expression "Seating Capacity" changes to "Seating Capacity or Berth Capacity or both" in entries against serial numbers 7 and 8. * FORM PC: "Type of the Contract Carriage" is added after serial number 3 and the entry relating thereto. * **Home, Prohibition and Excise Department - Amendments to the Tamil Nadu Brewery Rules** * Rule 9(7): Replaces "for bottling and sealing of bottles and for storage of bottled beer" with "for bottling, sealing and for storage of beer." * Rule 29(i): Requires cans to be printed with a label containing specific information, including the manufacturer's name, brand of beer, place of manufacture, batch number, alcoholic percentage, a health slogan, and place of sale indication ("for sale in Tamil Nadu only," "Not for sale in Tamil Nadu," or "For Export only"). * Rule 29(ii): Requires the guaranteed fluid contents of each bottle, can, cask or keg shall be clearly indicated in bold letters on the label or printed on the cans. * Rule 29(iii): Requires bottles, cans, casks or kegs to be corked or sealed, capsuled and labelled and removed to the finished store room after being filled up. * Rule 32: Replaces "All stocks of beer or draught beer either in bottles or otherwise than in bottles including casks or kegs shall be removed from a brewery" with "All stocks of beer or draught beer either in bottles or otherwise than in bottles shall be removed from a brewery". * **Labour and Employment Department - Amendments to the Tamil Nadu Factories Rules** * Rule 3(2): Requires submission of Form No.1 through the online portal of Directorate of Industrial Safety and Health instead of in triplicate. * Rules 4, 6, 7, 11, and 56-B: Allow online payment through the online portal of Directorate of Industrial Safety and Health. * Rules 4(6A) and 7(3): "five consecutive calendar years" is replaced with "ten consecutive calendar years." * Rule 100: Requires managers to furnish returns to the Inspector through the online portal of Directorate of Industrial Safety and Health. * FORM No. 22: Updates the monthly salary limit for wage calculation based on the Payment of Wages Act, 1936, and adds clauses related to Inter-state Migrant Workmen. * **Personnel and Administrative Reforms Department - Amendment to the Tamil Nadu State Information Commission (Appeal Procedure) Rules, 2012** * Replaces sub-rule (2) of rule 7, mandating the appellant's personal presence at the appeal hearing under Section 19(3) of the Right to Information Act, unless they inform the Commission and submit additional material in advance. Also mandates the complainant to be present at the hearing of a complaint under Section 18 of the Act, unless the Commission allows otherwise. **Impact Analysis** * **Vehicle Manufacturers and Operators** **Impact:** Must adhere to new definitions and specifications for Sleeper Coaches and Sleeper Coach-cum-Seaters in vehicle design and operation. **Action Required:** Modify vehicle designs and operational procedures to comply with the new definitions and amendments to FORM CCPA and FORM PC. * **Brewery Owners and Operators** **Impact:** Changes to the Tamil Nadu Brewery Rules affecting bottling, labeling, and storage of beer, including mandatory labeling requirements and specific slogans. **Action Required:** Adjust bottling and labeling processes to meet the new requirements for can labels, including content, language, and slogans. Modify beer storage practices as necessary. * **Factory Managers** **Impact:** Shift towards online submissions for various forms and payments, changes in reporting procedures for factory-related information, and changes to the calculation of wage for migrant workmen. **Action Required:** Transition to online submission processes through the Directorate of Industrial Safety and Health portal for forms and payments. Implement new reporting clauses for Inter-state Migrant Workmen. * **Appellants and Complainants under the Right to Information Act** **Impact:** Changes regarding the requirement for personal presence at appeal hearings and potential allowance for dispensation by the Commission. **Action Required:** Be prepared to be present in person at appeal and complaint hearings, and notify the Commission if unable to attend. * **Government Officials** **Impact:** Must enforce and administer the updated rules and amendments. **Action Required:** Update internal processes and guidelines to reflect the new rules and amendments, and ensure effective enforcement.

Key Entities Referenced

Tamil Nadu Motor Vehicles Rules, 1989: Rules related to motor vehicles in Tamil Nadu being amended. Tamil Nadu Factories Rules, 1950: Rules related to factories in Tamil Nadu being amended. Tamil Nadu Brewery Rules, 1983: Rules related to breweries in Tamil Nadu being amended. Tamil Nadu State Information Commission (Appeal Procedure) Rules, 2012: Rules governing appeal procedures for the Tamil Nadu State Information Commission being amended. Home, Prohibition and Excise Department: Tamil Nadu department responsible for prohibition and excise, involved in amendments to Brewery Rules.
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© [Regd. No. TN/CCN/467/2012-14 GOVERNMENT Of TAMIL NADU [R. Dis. No. 197/2009. 2018 [Price : Rs. 2.40 Paise. TAMIL NADU GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY No. 9] cHENNAI, wEDNESDAY, fEBRUARY 28, 2018 Maasi 16, Hevilambi, Thiruvalluvar Aandu–2049 Part III—Section 1(a) General Statutory Rules, Notifications, Orders, Regulations, etc., issued by Secretariat Departments. NOTIfICATIONS by GOVERNMENT CONTENTS HOME DEPARTMENT Pages. Draft Amendments to the Tamil Nadu Motor Vehicles Rules .. 20 HOME, PROHIBITION AND ExcISE DEPARTMENT Amendments to the Tamil Nadu Brewery Rules .. .. .. 20-21 LABOUR AND EMPLOYMENT DEPARTMENT Amendments to the Tamil Nadu factories Rules .. .. .. 21-23 PERSONNEL AND ADMINISTRATIVE REfORMS DEPARTMENT Amendment to the Tamil Nadu State Information commission (Appeal Procedure) Rules, 2012 .. .. .. .. .. 23 DTP—III-1(a)-(9)—1 [ 19 ]20 TAMIL NADU GOVERNMENT GAzETTE [Part III—Sec. 1(a) NOTIfICATIONS by GOVERNMENT HOME DEPARTMENT Draft Amendments to the Tamil Nadu Motor Vehicles Rules [G.O. Ms. No. 112, Home (Tr.I), 14th February 2018.] No. SRO A-8/2018.—The following draft amendments to the Tamil Nadu Motor Vehicles Rules, 1989, which is proposed to be made in exercise of the powers conferred by Section 96 of the Motor Vehicles Act, 1988 (central Act 59 of 1988) is hereby published for the information of all persons likely to be affected thereby, as required under sub-section (1) of Section 212 of the said Act. 2. Notice is hereby given that the draft amendments will be taken into consideration on or after the expiry of thirty days from the date of publication of this Notification in the Tamil Nadu Government Gazette and that any objection or suggestion, which may be received from any person with respect thereto before the expiry of the aforesaid period will be considered by the Government of Tamil Nadu. 3. Objection or suggestion, if any, should be addressed in duplicate to the Additional chief Secretary to Government, Home, Prohibition and Excise Department, chennai-600 009. Draft amenDments In the said Rules, (1) in rule 3, after clause (z), the following clauses shall be inserted, namely:- "(za) "Sleeper Coach" means a contract carriage designed and constructed with berth for passengers to sleep while travelling; (zb) "Sleeper Coach-cum-Seater" means a contract carriage designed and constructed with berth for passengers to sleep while travelling and with seat;"'; (2) in fORM ccPA, (i) after serial number 3 and the entry relating thereto, the following serial Number and entry shall be inserted, namely:- "3-A. Type of the contract carriage:"; (ii) in the entries aginst serial numbers 7 and 8, for the expression "Seating capacity", the expression "Seating capacity or Berth capacity or both" shall be substituted; (3) in fORM Pc, after serial number 3 and the entry relating thereto, the following, serial number and entry shall be inserted, namely:- "3-A Type of the contract carriage;". NIRANjAN MARDI, Additional Chief Secretary to Government. HOME, PROHIBITION AND ExcISE DEPARTMENT Amendments to the Tamil Nadu brewery Rules. [G.O. Ms. No. 11, Home, Prohibition and Excise (III), 14th February 2018, ñ£C 2, «ýM÷‹H, F¼õœÀõ˜ ݇´-2049.] No. SRO A-9/2018.—In exercise of the powers conferred by Section 54 of the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act x of 1937), the Governor of Tamil Nadu hereby makes the following amendments to the Tamil Nadu Brewery Rules, 1983. amenDments In the said Rules,- (1) in rule 9, in sub-rule (7), for the expression "for bottling and sealing of bottles and for storage of bottled beer", occurring in two places, the expression "for bottling, sealing and for storage of beer" shall be substituted;feb. 28, 2018] TAMIL NADU GOVERNMENT GAzETTE 21 (2) in rule 29,- (i) after sub-rule (3), the following sub-rule shall be inserted, namely:- "(3A). Before the cans are filled with beer, they shall be printed with a label which shall contain the following particulars, namely:- (i) The name of the manufacturer; (ii) Brand of the beer; (iii) The place of manufacture; (iv) Batch number of the product and date of bottling; (v) The alcoholic percentage. (vi) The slogan as follows:- "Drinking liquor will ruin the family. Drinking liquor is injurious to health". "ñ¶ ´‚°, i†´‚°, àJ¼‚° «è´". (vii) Place of sale: The expression 'for sale in Tamil Nadu only' or 'Not for sale in Tamil Nadu', as the case may be, shall be printed on the front side of the cans depending on whether the stocks are intended for consumption within the State of Tamil Nadu or for export outside the State of Tamil Nadu and the expression "for Export only" shall be printed on the front side of the cans meant for export to foreign countries; and (viii) Such other matters, as may be specified by the Commissioner. Provided that the labels affixed in the bottles, cans, casks or kegs to be exported may contain slogans as per the requirement of the importing State or Union Territory or country which may differ from clause (vi) above."; (ii) for sub-rule (4), the following sub-rule shall be substituted, namely:- "(4) The guaranteed fluid contents of each bottle, can, cask or keg shall be clearly indicated in bold letters on the label or printed on the cans."; (iii) for sub-rule (7), excluding the proviso thereunder, the following sub-rule shall be substituted, namely:- "(7) Immediately after the bottles, cans, casks or kegs are filled up with beer, they shall be corked or sealed, capsuled and labelled and removed to the finished store room.": (3) in rule 32, for the expression, "All stocks of beer or draught beer either in bottles or otherwise than in bottles including casks or kegs shall be removed from a brewery", the expression "All stocks of beer or draught beer either in bottles or otherwise than in bottles shall be removed from a brewery" shall be substituted. NIRANjAN MARDI, Additional Chief Secretary to Government. LABOUR AND EMPLOYMENT DEPARTMENT Amendments to the Tamil Nadu factories Rules. [G.O. Ms. No. 15, Labour and Employment (M2), 31st January 2018, ¬î 18, «ýM÷‹H, F¼õœÀõ˜ ݇´-2049.] No. SRO A-10/2018.—In exercise of the powers conferred by Section 112 of the factories Act, 1948 (central Act LxIII of 1948), the Governer of Tamil Nadu hereby makes the following amendments to the Tamil Nadu factories Rules, 1950 the draft of the same having been previously published as required by Section 115 of the said Act. amenDments In the said Rules,- (1) in rule 3, in sub-rule (2), for the expression "in form No.1 in triplicate", the expression "in form No.1 through online portal of Directorate of Industrial Safety and Health" shall be substituted; DTP—III-1(a)-(9)—222 TAMIL NADU GOVERNMENT GAzETTE [Part III—Sec. 1(a) (2) in rule 4, - (a) in sub-rule (2), for the expression "in form No.2 in triplicate", the expression "in form No.2 through online portal of Directorate of Industrial Safety and Health" shall be substituted: (b) in sub-rule (3), after -the expression "Deputy chief, Inspector of factories of the region" the expression" or by online payment through online portal of Directorate of Industrial Safety and Health", be inserted; (c) in sub-rule (6A), for the expression "five consecutive calendar years", the expression "ten consecutive calendar years" shall be substituted; (3) in rule 6, in sub-rule (2), after the expression "Deputy chief Inspector of factories of the region", the expression "or by online payment through online portal of Directorate of Industrial, Safety and Health" shall be added; (4) in rule 7, - (a) in sub-rule (2), for the expression "in form No.2 in triplicate", the expression "in form No.2 through online portal of Directorate of Industrial Safety and Health" shall be substituted: (b) in the second proviso to sub-rule (3), for the expression "five consecutive calendar years", the expression "ten consecutive calendar years" shall be substituted; (5) in rule 11, in sub-rule (1), after the expression "Deputy chief Inspector of factories of the region:, the expression or by online payment through online portal of Directorate of Industrial Safety and Health:" shall be added; (6) in rule 56-B, - (a) in sub-rule (1), after the expression "Deputy chief Inspector of factories", the expression "through online portal of Directorate of Industrial Safety and Health" shall be added; (b) in sub-rule (3), after the expression "Deputy chief Inspector of factories", the expression "or by online payment through online portal of Directorate of Industrial Safety and Health shall be inserted; (7) in rule 100, for the expression "The Manager of every factory shall furnish to the Inspector, the following returns, namely:-;" the expression "The Manager of every factory shall furnish to the Inspector through online portal of Directorate of Industrial Safety and Health, the following returns, namely:-, shall be substituted; (8) in fORM No. 22,- (a) in clause 11, in sub-clauses (i) and (ii), for the expression "not more than Rs.18,000/- per month", the expression "not more than the monthly salary specified by the Central Government under sub-section (6) of Section 1 of the Payment of wages Act, 1936 (central Act IV of 1936)" shall respectively be substituted. (b) after clause 13, the following cIauses, shall be added, namely:- "14. Inter-state Migrant workmen: Name and address of contractors Period of contract Nature of work Maximum number of migrant workmen employed by each contractor Number of days worked Number of man-days workedfeb. 28, 2018] TAMIL NADU GOVERNMENT GAzETTE 23 15. conferment of Permanent Status to workmen: Total Number of workmen employed in the factory Number of non-permanent workmen who have completed 480 days of service during the calendar year ending 31 st December Number of workmen made permanent during the calendar year ending 31 st December Number of workmen yet to be made permanent as on 1st january Reasons for delay MANGAT RAM SHARMA, Principal Secretary to Government. PERSONNEL AND ADMINISTRATIVE REfORMS DEPARTMENT Amendment to the Tamil Nadu State Information Commission (Appeal Procedure) Rules, 2012. [G.O. Ms. No. 10, Personnel and Administrative Reforms (AR-III), 24th January 2018, ¬î 11, «ýM÷‹H, F¼õœÀõ˜ ݇´-2049.] No. SRO A-11/2018.—In exercise of the powers conferred by sub-section (1) and clause (e) of sub-section (2) of Section 27 of the Right to Information Act, 2005 (central Act 22 of 2005), the Governer of Tamil Nadu hereby makes the following amendment to the Tamil Nadu State Information commission (Appeal Procedure) Rules, 2012. 2. The amendment hereby made shall come into force on with effect from the data of issue of order. amenDment In the said Rules, in rule 7, for sub-rule (2), the following sub-rule shall be substituted, namely:- "2. (i) The appellant shall be present in person at the time of hearing of the appeal under sub-section (3) of Section 19 of the Act: Provided that if the appellant is unable to attend the hearing, he shall inform the commission accordingly and is at liberty to submit in advance any additional material or written argument to be taken into account at the time of the hearing. (ii) During the hearing of a complaint under Section 18 of the Act, the complainant shall be present in person: Provided that, the commission may at its discretion allow the presence of the complainant to be dispensed with, without prejudice to the powers vested in the commission under clause (a) of sub-section (3) of Section 18 of the Act". S. SwARNA, Secretary to Government. PRINTED AND PUBLISHED BY THE DIREcTOR Of STATIONERY AND PRINTING, cHENNAI ON BEHALf Of THE G OVERNMENT Of TAMIL NADU

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