tamil nadu legislative assembly

TAMIL NADU LEGISLATIVE ASSEMBLY

(EIGHTH ASSEMBLY)

FIFTH SESSION

(From 9th November 1987 to 18th November 1987)

RESUME OF BUSINESS

1987

Legislative Assembly Secretariat, Fort St. George, Madras -600 009.

PREFACE

This publication contains a brief resume of the Business transacted by the Tamil Nadu

Legislative Assembly during its Fifth Session of the Eighth Tamil Nadu Legislative

Assembly held from 9th November, 1987 to 18th November 1987.

Madras-600009, C.K. RAMASWAMY Dated: 9th December, 1987. Secretary

CONTENTS

Serial Number

(1)

Subject

(2)

Pages

(3) I. Summons

1

II. Duration of Meeting 1

III. Prorogation 1

IV. Sittings of the Assembly 1

V. Obituary References 2

VI. Condolence Resolution 4

VII. Panel of Chairmen 4

VIII. Questions 4

IX. Statement made by Ministers under Rule 110 of the Tamil Nadu Legislative Assembly Rules

4

X. Statement made by Ministers under Rule 111 of th e Tamil Nadu Legislative Assembly Rules.

4

XI. Calling Attention notices under Rule 55 of the Tamil Nadu Legislative Assembly Rules

5

XII. Financial Business 11

XIII. Legislative Business 11

XIV. Government Resolutions 14

XV. Government Motions 22

XVI. Motion for Leave of Absence of Member 24

XVII. Election to the Senate of University of Madras 24

XVIII. Presentation of Committee Reports 24

XIX. Annual Financial Statement for 1987-88 and Supplementary Financial Statement for 1986-87 of the Tamil Nadu Electricity Board

25

XX. Papers Laid on the Table of the House

25

1

TAMIL NADU LEGISLATIVE ASSEMBLY

EIGHTH ASSEMBLY - FIFTH SESSION -------

RESUME OF WORK TRANSACTED BY THE TAMIL NADU LEGISLATIVE ASSEMBLY FROM 9TH NOVEMBER 1987 TO 18TH NOVEMBER 1987.

---------

I. SUMMONS

Summons for the sittings of Fifth Session of the Eighth Tamil Nadu Legislative

Assembly were issued to the Members on the 20th October 1987 in S.O.Ms.No. 262, Legislative Assembly Secretariat, dated 20th November 1987.

II. DURATION OF THE MEETING

The Meeting of the Fifth Session of the Eighth Legislative Assembly commenced on the 9th November 1987 and the House was adjourned sine die on the 18th November 1987.

III. PROROGATION

The Fifth Session of the Eighth Legislative Assembly was prorogued with effect from 10-12-1987 vide S.O. Ms. No.306 Legislative Assembly Secretariat, dated 11-12-1987.

IV. SITTINGS OF THE ASSEMBLY

The Tamil Nadu Legislative Assembly met for 8 days during the period from 9th November 1987 to 18th November 1987 on the following dates:-

9th November 1987, 10th November 1987, 11th November 1987, 12th November 1987, 13th November 1987, 16th November 1987, 17th November 1987 and 18th November 1987.

The House also met in the evening on 17th November 1987.

In terms of hours it sat for 34 hours and 50 minutes.

2

V. OBITUARY REFERENCES

Obituary references were made in the Assembly on the demise of the following former Members on the dates noted

against each:-

Serial Number

(1)

Name

(2)

Constituency

(3)

Period in which served as member

(4)

Date of demise

(5)

Date on which reference was made in the House

(6)

1.

Thiru. A.Velladurai

Vasudevanallur, Tirunelveli District

1967-71 1971-76

11th May 1987

9th November 1987.

2. Thiru. D.Isari Velan Dr. Radhakrishna Nagar

1977-80 14th May 1987 9th November 1987.

3. Thiru. S.Anguchamy Thiruvadanai, Ramanathapuram District

1980-84 22nd May 1987 9th November 1987.

4. Thiru. R.Venkata Reddy Chitoor General Rural

1946-52 11th August 1987 9th November 1987.

5. Thiru. S.K. Samy Gounder

Gobichettypalayam General Rural

1946-52 3rd October 1987 9th November 1987.

3

Serial

Number

(1)

Name

(2)

Constituency

(3)

Period in which served as member

(4)

Date of demise

(5)

Date on which reference was made in the House

(6)

6.

Thiru. T.P. Alagamuthu

perambalur, Upplipuram. Tiruchirappalli District.

1962-67 1967-71 1971-76

5th October 1987

9th November 1987.

7. Thiru.S. Ganesan Sembanarkoil, Kuthalam, Poompuhar, Thanjavur District.

1967-71 1971-76 1977-80

10th October 1987 9th November 1987.

8. Thiru. S.Srinivasan Bodinaickanur, Madurai District.

1967-71 23rd October 1987 9th November 1987.

9. Thiru. M. Sundaram Rishivandiyam, South Arcot District.

1977-80 1980-84

29th October 1987 9th November 1987.

10. Thiru. A.P. Arasu Thiruvottiyur, Chengalpattu District.

1967-70 7th November 1987 9th November 1987.

The Members stood in silence for two minutes as a mark of respect to the deceased.

4

VI. CONDOLENCE RESOLUTION

On the demise of Thiru Charan Singh, former Prime Minister of India On the 9th November 1987, the Hon. Leader of the House (Minister for Finance)

moved the following Condolence Resolution namely:-

"Þ‰Fò ²î‰FóŠ «ð£K™ ðƒ°ªè£‡ì Íˆî º¶ªð¼‹ î¬ôõ˜èO™ å¼õ¼‹, Mõê£J ñŸÁ‹ HŸð´ˆîŠð†ì ñ‚èO¡ º¡«ùŸøˆFŸè£è Üòó£¶ ð£´ð†ìõ¼‹, Þ‰Fò£M¡ º¡ù£œ Hóîñ Ü¬ñ„ê¼ñ£ù F¼ êó¡ Cƒ Üõ˜èœ 29-5-1987 -Ý‹ ï£÷¡Á ñ¬ø‰î ¶òó„ ªêŒF «è†´ ÞŠ«ðó¬õ õ¼‰¶Aø¶,

Ü¡ù£K¡ °´‹ðˆFù¼‚° îù¶ Ý›‰î ÜÂî£ðˆ¬î»‹, Þóƒè¬ô»‹

ÞŠ«ðó¬õ ªîKM‚Aø¶".

The above resolution was adopted Nem.Con. and thereafter the House adjourned for the day as a mark of respect to the deceased.

VII. PANEL OF CHAIRMEN

On the 10th November 1987, Hon. Speaker announced the following Panel of

Chairmen for the Fifth Session of the Eighth Tamil Nadu Legislative Assembly:-

1. Thiru. M. Chinnaraj 2. Thiru. P.N. Ramachandran 3. Thiru. K. Kuppusamy 4. Thiru. Semmalai 5. Thiru. M. Sundardass

VIII. QUESTIONS

One hundred and seventy-four Starred Questions were answered on the floor of the

House. Answers to one thousand one hundred unstarred Questions were placed on the Table of the House.

IX. STATEMENT MADE BY MINISTER UNDER RULE 110 OF THE TAMIL NADU LEGISLATIVE ASSEMBLY RULES

On the 16th November 1987 Hon. Minister for Local Administration made a

statement in regard to the revision of Property Taxes in Municipalities in Tamil Nadu

X. STATEMENT MADE BY MINISTER UNDER RULE 111 OF THE TAMIL NADU LEGISLATIVE ASSEMBLY RULES

On the 10th November 1987 Hon. Thiru V.V. Swaminathan, Minister for Tourism,

Prohibition and Electricity made a statement correcting his reply given on the floor of the House on 3rd April 1987, during the discussion on the Demand No.2, State Excise Department.

5

XI. CALLING ATTENTION NOTICES UNDER RULE 55 OF THE TAMIL NADU LEGISLATIVE ASSEMBLY RULES

Twenty-Five statements were made on the Floor of the House by Hon. Ministers under Rule 55 of the Tamil Nadu Legislative Assembly

Rules on the following matters of urgent public importance. Serial

Number

(1)

Date on which the statement was made.

(2)

Name of the Members who called the attention of the

Minister (3)

Minister who made the statement.

(4)

Subject

(5)

1. 13th November 1987.

Thiruvalargal M. Manimaran P. Uthirapathy

Hon. Minister for Finance

The non-sanctioning of loans by the Co-operative Societies to the Agriculturists in Thanjavur District for direct sowing.

2. 13th November 1987. Hon. Thriu. V.P. Balasubramanian, Deputy Speaker Thiruvalargal- C.Palanimuthu E.V.K.S. Elangovan.

Hon. Minister for Local Administration

The difficulties experienced by the people due to procedure followed that the bulbs of street lights in the villages should be replaced only once in a year.

3. 13th November 1987. Thriu. Saidai S.Duraisamy Hon. Minister for Finance

The Illegal sale of Government lands at Velacheri area by the Village Administrative officer without the knowledge of the Government.

4.

13th November 1987.

Thiru J. Hemachandran


The strike by the laborers in the Rubber Estates of "Arasu Rubber Corporation" in Kanyakumari District.

6

Serial

Number

(1)


(2)


Minister (3)


(4)

Subject

(5) 5. 13th November 1987. Thiru R. Thamaraikani Hon. Minister for

Tourism, Prohibition and Electricity

The hazy and invisible pictures of the programmes shown on T.V. Telecast from the Kodaikannal Relay Station in Srivilliputhur area.

6. 13th November 1987. Thiru T.R. Venkataramanan Hon. Minister for Tourism, Prohibition and Electricity

Livestock affected in large-scale by Brucellosis disease in Thenkasi Taluk.

7. 13th November 1987. Thiru K. Sholairaj Hon. Minister for Public Works

Hardships experienced by the Agriculturists due to the formation of sand-dunes in Ponneyaru Dam in Vaiyampatti Union, Marungapuri Constituency .

8.

16th November 1987.

Thiruvalargal- K. Subbarayan M. Manimaran A. Natarajan T.R.Venkataraman K. Ramani G.Veeraiyan M. Sellamuthu A.S.A. Arumugam


The situation prevailing among the public due to the steep escalation of house tax in local bodies in Tamil Nadu.

7

Serial

Number

(1)


(2)


Minister (3)


(4)

Subject

(5) 9. 16th November 1987. Hon.Thiru. V.P.

Balasubramanian, Deputy Speaker

Hon. Minister for Health

The Constant fear among the public due to missing of new born babies in the District, Headquarters Hospital Dindigul.

10 16th November 1987. Thiru. K. Solairasu Hon. Minister for Adi-Dravidar Welfare

The non-availability of lands in villages for construction of Hospitals, Schools and hostels, due to encroachment of Natham Poramboke lands.

11. 16th November 1987. Thiru A. Thangarasu Hon. Minister for Public Works

The infestitation of Kattamani Plants in the Canal that supplies water to the Peruma Lake in Kurunchipadi Union resulting in the Canal, remaining unused.

12.

16th November 1987.

Thiru A.Chandrasekaran

Hon. Minister for Public Works

The situation arising out of the damage of the Wall protecting the flood waters, constructed on Vaigai River, at Sholavandan.

8

Serial

Number

(1)


(2)


Minister (3)


(4)

Subject

(5) 13. 17th November 1987. Thiruvalargal

M.Chinnarasu P.Uthirapathy


The hundreds of Agricultural labourers of Coimbatore District, particularly in Mettupalalayam Taluk though eligible under the scheme for distribution of Dhoties and Sarees to the agricultural labourers announced by the Hon'ble Chief Minister, have not been given the benefits

14. 17th November 1987 Thiruvalargal: Pon. Muthuramalingam, M. Marimuthu, P.K.M. Muthuramalingam, K. Ramani, G.Veeraiyan, M.Sellamuthu.


The strike undertaken by the labourers due to the non payment of salaries by the management of Mahalakshmi Mills, Madurai.

15. 17th November 1987 Thiru Saidai S.Duraisamy Hon. Minister for Industries and Agriculture

The plight of the people in low lying streets in Saidapet area, due to inadequate drainage system

16.

17th November 1987

Thiru A.S.A. Arumugam


Difficulties faced by the patients in Chengalpattu Medical College Hospital due to non availability of anaesthetists for the past two months.

9

Serial

Number

(1)


(2)


Minister (3)


(4)

Subject

(5) 17. 17th November 1987 Thiruvalargal:

Dr. N. Masilamani K. Subbrayan E.V.K.S Elangovan K. Venkatasalam M. Manimaran A. Natarasan K. Sholairaj P.Uthirapathy


Brain fever in Ariyalur Udayarpalayam and Perambalur Taluks affecting the Children.

18. 17th November 1987 Thriu. M. Meenakshi sundaram

Hon. Minister for Adi Dravidar Welfare

The plight of 300 workers sent as bonded labourers from Vedaranyam in Thanjavur District to Sirimur in Reva District. Madhya Pradesh resulting in the dealth of a persons due to starvation and the need to give relief to the remaining affected persons.

19.

18th November 1987

Thriu. S. Semmalai


Simplifying the existing procedure of adopting random checkup to estimate the compensation amount issued to the farmers through the Crop Insurance Scheme

20.

18th November 1987

Thriu. K. Venkatachalam


Conditions laid for purchase of essential commodities in the Fair-price shops in Tiruchirappalli District.

10

Serial

Number

(1)


(2)


Minister (3)


(4)

Subject

(5) 21. 18th November 1987 Thriu. V.Thangavelu Hon. Minister for Local

Administration The strike undertaken by 10,000 workers of the Tea Estates of India Limited, Valparai.

22 18th November 1987 Thriu. K. Subbarayan Hon. Minister for Local Administration

Closure of Thiruppur Dhanalakshmi A and B Mills from the month of May 1987.

23. 18th November 1987 Thriu. R.Thamaraikkani Hon. Minister for Industries and Agriculture

The quarry rights for Survey No.234/2 in Thiruneermalai, Chengalpattu District which was leased out to private parties by the Collector of Chengalpattu District instead of the Thiruneermalai Hindu Adi Dravida Industrial Co-operative Society.

24. 18th November 1987 Thriu. M.Sundaradas Hon. Minister for Transport

Lack of bus service from Kulithurai in Vilvankodu Taluk, Kanyakumari District

25.

18th November 1987

Thriu.Saidai. S.Duraisamy

Hon. Minister for Tourism, Prohibition and Electricity

The loss of revenue to the Hindu Religious and Charitable Endowments Department due to the leasing out of the temple land (No.167) of Arulmigu Byragi Matt, Madras at a leaser rate to private party.

Besides these, a list of calling attention notices along with statements numbering 1 to 46 were also laid on the Table of the House on the

last day of the Fifth Session i.e., on 18th November 1987.

11

XII. FINANCIAL BUSINESS

(1) The First Supplementary Statement of Expenditure for the year 1987-88 was presented to the Assembly by Hon. Dr.V.R. Neduncheziyan, Minister for Finance on the 12th November 1987. On the 16th November 1987, the House voted the demands for the Grants in full and grants were made.

The Appropriation Bill relating to the First Supplementary Statement of Expenditure for the year 1987-88 was introduced on 16th November 1987 and it was considered and passed on 18th November 1987.

(2) On the 16th November 1987, the Hon. Minister for Finance, presented to the Assembly the Demands for Grants for Excess Expenditure in the years 1981-82 and 1982-83. On the 17th November 1987, all Demands for Grants were put to vote and carried without discussion.

The Appropriation Bills relating to the Demands for Grants for Excess Expenditure was introduced on 17th November 1987 and it was considered and passed on the 18th November 1987.

XIII. LEGISLATIVE BUSINESS

During the period, 23 Bills were introduced and all the 23 Bills were considered and passed.

The details are as follows:- Serial

Number

(1)

Title of the Bill

(2)

Date of Introduction

(3)

Date of Consideration and passing

(4)

1. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Amendment Bill, 1987 (L.A.Bill No.40 of 1987)

10th November 1987.

12th November 1987.

2. The Tamil Nadu Medical University (Amendment) Bill, 1987 (L.A.Bill No.41 of 1987)

11th November 1987.

13th November 1987.

3. The Tamil Nadu Motor Vehicles (Special Provisions) Bill, 1987 (L.A.Bill No. 42 of 1987)

12th November 1987.

13th November 1987.

4. The Tamil Nadu State Housing Board (Amendment) Bill, 1987 (L.A.Bill No.43 of 1987)

14th November 1987.

17th November 1987.

12

Serial

Number

(1)

Title of the Bill

(2)


(3)


(4)

5. The Tamil Nadu Cinemas (Regulation) Third Amendment Bill, 1987 (L.A.Bill No.44 of 1987)

14th November 1987.

17th November 1987.

6. The Tamil Nadu Contingency Fund (Second Amendment) Bill, 1987 (L.A.Bill No. 45 of 1987)

13th November 1987.

17th November 1987.

7. The Tamil Nadu Agricultural Produce Markets and the Tamil Nadu Agricultural Produce Markets (Amendment and Special Provisions) (Amendment Bill,. 1987 (L.A.Bill No.46 of 1987)

13th November 1987.

18th November 1987.

8. The Tamil Nadu Payments of Salaries (Amendment) Bill, 1987 (L.A.Bill No.47 of 1987)

16th November 1987.

17th November 1987.

9. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Bill, 1987 (L.A.Bill No.48 of 1987)

16th November 1987.

17th November 1987.

10. The Pachaiyappa's Trust (Taking over of Management) Second Amendment Bill 1987 (L.A.Bill No.49 of 1987)

16th November 1987.

17th November 1987.

11. The Pachaiyappa's Trust and the Scheduled Public Trusts and Endowments (Taking over of Management) Third Amendment Bill, 1987 (L.A.Bill No. 50 of 1987)

16th November 1987.

17th November 1987.

12. The Tamil Nadu Advocates Welfare Fund Bill, 1987 (L.A.Bill No.51 of 1987)

16th November 1987.

17th November 1987.

13. The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers (Amendment) Bill, 1987 (L.A.Bill No.52 of 1987)

16th November 1987.

18th November 1987.

13

Serial

Number (1)

Title of the Bill

(2)


(3)


(4)

14. The Tamil Nadu Exhibition of Films on Television Screen through Video Cassette Recorders (Regulation) Amendment Bill, 1987 (L.A.Bill No.53 of 1987)

16th November 1987.

17th November 1987.

15. The Tamil Nadu General Sales Tax (Fifth Amendment) Bill, 1987 (L.A.Bill No.54 of 1987)

16th November 1987.

18th November 1987.

16. The Tamil Nadu Appropriation (No.3) Bill 1987 (L.A.Bill No.55 of 1987)

16th November 1987.

18th November 1987.

17. The Tamil Nadu Payment of Pension to Tamil Scholars and Miscellaneous Provisions (Amendment) Bill, 1987 (L.A.Bill No.56 of 1987)

17th November 1987.

18th November 1987.

18. The Tamil Nadu Debt Relief (Second Amendment) Bill, 1987 (L.A.Bill No.57 of 1987)

17th November 1987.

18th November 1987.

19. The Tamil Nadu Entertainments Tax (Third Amendment) Bill, 1987 (L.A.Bill No.58 of 1987)

17th November 1987.

18th November 1987.

20. The Tamil Nadu General Sales Tax (Fifth Amendment ) Bill, 1987 (L.A.Bill No.59 of 1987)

17th November 1987.

18th November 1987.

21. The Tamil Nadu General Sales Tax (Validation) Bill, 1987 (L.A.Bill No.60 of 1987)

17th November 1987.

18th November 1987.

22. The Tamil Nadu Appropriation (No.4) Bill. 1987 (L.A.Bill No.61 of 1987)

17th November 1987.

18th November 1987.

23. The Tamil Nadu Appropriation (No.5) Bill, 1987 (L.A.Bill No.62 of 1987)

17th November 1987.

18th November 1987.

14

XIV. GOVERNMENT RESOLUTIONS. (1) On the 18th November 1987, Hon. Thiru V.V. Swaminathan, Minister for Tourism, Prohibition and Electricity moved the following Resolution:-

"That the proposal of the State Government under sub-section (3) of section 65 of the Electricity (Supply) Act, 1948 (Central Act LIV of 1948), to fix the maximum amount, which the Tamil Nadu Electricity Board may, at any time, have on loan under sub-section (1) of the said section, as one thousand crores of rupees be approved".

The Resolution was put to vote of the House and adopted.

(2) On the 18th November 1987, Hon. Thiru R.M. Veerappan, Minister for Local Administration moved the following three Resolutions:-

Resolution in respect of the Madras City Municipal Corporation

(1) "That the following draft of certain amendments to be made by the Governor of Tamil Nadu under sub-section (3) of section 347 of the Madras City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), altering Part I-A, Part V and Part VI of Schedule IV to the said Act, be approved as required by Sub-section (5) of the said section 347.

Draft Amendments

In schedule IV to the Madras City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919)

(1) For the existing Part I-A, the following shall be substituted, namely:-

"PART I A.

Assessment of Property Tax

C.I. The Commissioner may, by giving publicity in the local newspapers and otherwise require the owner or the occupier of, any land or building, or a portion thereof to file a return within a period not exceeding one month from the date notified in this behalf by the commissioner, containing the following particulars with regard to each assessable item, namely:-

(i) the name of the division and the street in which it is situated and the door number;

(ii) description of the assessable item like number of storeys, plinth area in each storey and the extent of vacant land;

(iii) the name of the owner;

(iv) the name of the occupier;

15

(v) the year in which the assessable item was last assessed and the amount of annual value fixed by the Commissioner;

(vi) the amount of tax now being paid per half year;

(vii) whether the assessable item is used for residential or non residential purpose;

(viii) whether the assessable item is wholly rented or partly occupied by the owner

and partly rented; and

(ix) the amount received as rent or lease amount per year. 2. If any person fails to file a return within the notified time, the Commissioner may

authorise any person not below the rank of a Bill Collector to enter upon and make an inspection of the assessable item and prepare the return. 3. The Commissioner shall assess the property tax having regard to:-

(1) the annual value of the assessable item as on the 1st October 1978;

(2) the property tax payable by the owner or the occupier on the basis of the particulars filed in the return; and

(3) the property tax payable by the owner or the occupier with reference to the guidelines, if any, issued by the council.

4 (1) A property tax card which shall contain all the details relating to the assessable item and the amount of property tax payable shall be supplied to every owner or occupier who has filed the return under this rule and such card shall be sent to such owner or occupier by post.

(2) The Commissioner shall receive the property tax specified in the property tax card and make necessary entry in the said card and in the assessment book maintained by the Corporation.

(3) If any correction is to be made in the property tax card either in pursuance of any revision in the property tax or an order passed in appeal against the order of the Commissioner, such correction shall be made and attested by the Commissioner or any officer authorised by him in this behalf in the property tax card and in the assessment book.

(4) The property tax card shall be valid until the assessment is revised during a general revision or earlier, as the Government may direct in this behalf.

5. The Commissioner shall make arrangements for the verification of the particulars furnished in the return filed by the owner or occupier of every assessable item immediately after a general revision and before the next general revision.

6. Consequent on the verification made under rule 5, if any discrepancy is noticed in the particulars furnished in the return filed by the owner or occupier, the Commissioner may, after giving such owner or occupier a reasonable opportunity of being heard and after

16

considering the objection, if any, received from him, modify the assessment from the date on which the assessment was made and collect the arrears of tax".

(2) For the existing Part V, the following shall be substituted, namely;-

"PART V

Revision of Assessment

12.(1) There shall be one or more Taxation Appeal Tribunals (hereinafter referred to in this part as "the Tribunal") for hearing and disposing of an appeal preferred by any person who is not satisfied with the assessment order made by the Commissioner under this Act other than the orders relating to the transfer duty and the tax on timber.

(2) The Tribunal shall consist of a judicial officer not below the rank of a Sub-Judge.

(3) The terms and conditions of the Tribunal shall be such as may be determined by the Government.

(4 ) The salary and other allowances payable to the Tribunal shall be borne from the funds of the Corporation.

13 No person who fails to file the return within the notified time under rule 1-C in Part I-A, shall be entitled to appeal against any assessment order made by the Commissioner.

14. No appeal shall be entertained by the Tribunal unless the appellant deposits in the Corporation the existing tax and also fifty percent of the difference between the existing tax and the tax as assessed by the Commissioner in the revision.

15. An appeal against the decision of the Tribunal may be filed within thirty days from the date of the order to the Principal Judge, City Civil Court.

16. (1) Every appeal filed under this part shall be entered in a register maintained for this purpose by the Tribunal.

(2) The Tribunal shall give to person filing an appeal a written notice specifying the place, date and time of hearing the appeal.

(3) The Tribunal shall dispose of the appeal within five months from the date of filing

of the appeal.

(4) Any person preferring an appeal may either appear in person or through an authorised agent before the Tribunal.

(5) The gist of the order passed in an appeal shall be recorded in the register which shall be duly attested by the Tribunal and a copy of the order shall be duly attested by the Tribunal and a copy of the order shall be duly attested by the Tribunal and a copy of the order shall be supplied within ten days from the date of passing of the order to the appellant,"

(3) In Part VI, after rule 21, the following rule shall be inserted namely:-

17

"21-A . Notwithstanding anything contained in any rule in this part, it shall not be necessary for the Commissioner to serve any notice for the levy and collection of property tax under Section 98".

Resolution in respect of the Madurai City Municipal Corporation

(ii) "That the following draft of certain amendments to be made by the Governor of Tamil Nadu under sub-section (3) of section 431 of the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971), altering Part-II, Part-V and Part VI of Schedule II to the said Act, be approved as required by sub-section(5) of the said section 431".

DRAFT AMENDMENTS

In Schedule II to the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971)

(1) for the existing Part-II, the following shall be substituted, namely:-

"PART II Assessment of Property Tax

4(1) The Commissioner may, by giving publicity in the local newspapers and

otherwise require the owner or the occupier of, any land or building, or a portion thereof to file a return within a period not exceeding one month from the date notified in this behalf by the Commissioner, containing the following particulars with regard to each assessable item namely:-

(i) the name of the division and the street in which it is situated and the door number; (ii) Description of the assessable item like number of storeys, plinth area in each

storey and the extent of vacant land; (iii) the name of the owner;



(vi) the amount of tax now being paid per half year;

(vii) whether the assessable item is used for residential or non residential purpose;

(viii) whether the assessable item is wholly rented or partly occupied by the owner and party rented; and;

(ix) the amount received as rent or lease amount per year. 5. If any person fails to file a return within the notified time, the Commissioner may

authorise any person not below the rank of a Bill Collector to enter upon and made an inspection of the assessable item and prepare the return.

18

6. The Commissioner shall assess the property tax having regard to:-

(1) the annual value of the assessable item as on the last revision; (2) the property tax payable tax payable by the owner or the occupier on the basis of

the particulars filed in the return; and (3) the property tax payable by the owner or the occupier with reference to the

guidelines, if any, issued by the council. 7 (1) A property tax card which shall contain all the details relating to the assessable

item and the amount of property tax payable shall be supplied to every owner or occupier who has filed the return under this rule and such card shall be sent to such owner or occupier by post.


(3) If any correction is to be made in the property tax card either in pursuance of any revision in the property tax or an order passed in appeal against the order of the Commissioner, such correction shall be made and attested by the Commissioner or any Officer authorised by him in this behalf in the property tax card and in the assessment book.

(4) The property tax card shall be valid until the assessment is revised during a general revision or earlier, as the Government may, direct in this behalf. 8. The Commissioner shall make arrangements for the verification of the particulars furnished in the return filed by the owner or occupier of every assessable item immediately after a general revision and before the next general revision. 9. Consequent on the verification made under rule 8, if any discrepancy is noticed in the particulars furnished in return filed by the owner or occupier, the Commissioner may, after giving such owner or occupier a reasonable opportunity of being heard and after considering the objection, if any, received from him, modify the assessment from the date on which the assessment was made and collect the arrears of tax".

(2) For the existing Part V, the following shall be substituted namely:-

"PART V Revision of Assessment

20 (1) There shall be one or more Taxation Appeal Tribunals (hereinafter referred to

in this part as "the Tribunal" for hearing and disposing of an appeal preferred by any person who is not satisfied with the assessment order made by the Commissioner under this Act other than the orders relating to the transfer duty.

(2) The Tribunal shall consist of a Judicial Officer not below the rank of a Sub-Judge.

19


(4) The salary and other Allowances payable to the Tribunal shall be borne from the

funds of the Corporation.

21. No person who fails to file the return within the notified time under rule 4 in Part II shall be entitled to appeal against any assessment order made by the Commissioner.

22. No appeal shall be entertained by the Tribunal unless the appellant deposits in the Corporation the existing tax and also any fifty percent of the difference between the existing tax and the tax as assessed by the Commissioner in the revision.

23. An appeal against the decision of the Tribunal may be filed within thirty days from the date of the order to the District Judge.

24 (1) Every appeal filed under this part shall be entered in a register maintained for this purpose by the Tribunal.

(2) The Tribunal shall give to person filing an appeal a written notice specifying the place, date and time of hearing the appeal.

(3) The Tribunal shall dispose of the appeal within five months from the date of filling of the appeal. (4) Any person preferring an appeal may either appear in person or through an authorised agent before the Tribunal.

(5) The list of the order paused in an appeal shall be recorded in the register which shall be duly attested by the Tribunal and a copy of the order shall be supplied within ten days from the date of passing of the order to the appellant.

(3) In Part- VI after rule 29, the following rule shall be inserted, namely:-

"29-A. Notwithstanding anything contained in any rule in this part it shall not be necessary for the Commissioner to serve any notice for the levy and collection of property tax under section 115".

RESOLUTION IN RESPECT OF THE COIMBATORE CITY

MUNICIPAL CORPORATION

(iii) "That the following draft of certain amendments to be made by the Governor of Tamil Nadu under sub-section (3) of section 430 of the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981), altering Part-II, Part-V and Part-VI of Schedule II of the said Act, be approved as required by sub-section (5) of the said section 430:-

20

DRAFT AMENDMENTS

In Schedule II to the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981),

(1) for the existing Part II, the following shall be substituted, namely:-

PART II

4 (1) The Commissioner may, by giving publicity in the local newspapers and otherwise require the owner or the occupier of, any land or building, or a portion thereof to file a return within a period not exceeding one month from the date notified in this behalf by the Commissioner, containing the following particulars with regard to each assessable item, namely:-

(i) the name of the division and the street in which it is situated and the door number;

(ii) description of the assessable item like number of storeys, Pinth area in each storey and the extent of vacant land;

(iii) the name of the owner;



(vi) the amount of tax now being paid per half-year; (vii) whether the assessable item is used for residential or non-residential purpose; (viii) whether the assessable item is wholly rented or partly occupied by the owner and

partly rented; and

(ix) the amount received as rent of lease amount per year.

5. If any person fails to file a return within the notified time, the Commissioner may authorise any person not below the rank of a Bill Collector to enter upon and make an inspection of the assessable item and prepare the return.

6. The Commissioner shall assess the property tax having regard to,

(1) the annual value of the assessable item as on the 1st October 1978. (2) the property tax payable by the owner or the occupier on the basis of the

particulars filed in the return; and (3) the property tax payable by the owner or the occupier with reference to the

guidelines, if any, issued by the Council.

21

7 (1) A property tax card which shall contain all the details relating to the assessable item and the amount of property tax payable shall be supplied to every owner or occupier who has filed the return under this rule and such card shall be sent to such owner or occupier by post.


(3) If any correction is to be made in the property tax card either in pursuance of any revision in the property tax or an order passed in appeal against the order of the Commissioner, such correction shall be made and attested by the Commissioner or any officer authorised by him in this behalf in the property tax card and in the assessment book.

(4) The property tax card shall be valid until the assessment is revised during a general revision or earlier as the Government may direct in this behalf.

8. The Commissioner shall make arrangements for the verification of the particulars

furnished in the return filed by the owner or occupier of every assessable item immediately after a general revision and before the next general revision.

9. Consequent on the verification made under rule 8, if any discrepancy is noticed in the particulars furnished in the return filed by the owner or occupier, the Commissioner may, after giving such owner or occupier a reasonable opportunity of being heard and after considering the objection, if any, received from him, modify the assessment from the date on which the assessment was made and collect the arrears of tax".

(2) For the existing Part V, the following shall be substituted namely:-

PART V Revision of Assessment

20 (1) There shall be one or more Taxation Appeal Tribunals (hereinafter referred to

in this Part as "the Tribunal") for hearing and disposing of an appeal preferred by any person who is not satisfied with the assessment order made by the Commissioner under this Act other than the orders relating to the transfer duty.

(2) The Tribunal shall consist of a Judicial Officer not below the rank of a Sub-Judge.


(4) The salary and other allowances payable to the Tribunal shall be borne from the funds of the Corporation.

21. No person who fails to file the return within the notified time under rule 4 in Part II shall be entitled to appeal against any assessment order made by the Commissioner.

22

22. No appeal shall be entertained by the Tribunal unless the appellant deposits in the Corporation the existing tax and also fifty per cent of the difference between the existing tax and the tax as assessed by the Commissioner in the revision.

23. An appeal against the decision of the Tribunal may be filed within thirty days from the date of the order to the District Judge.

24.(1) Every appeal filed under this part shall be entered in a register maintained for this purpose to the Tribunal.

(2) The Tribunal shall give to person filing an appeal a written notice specifying the

place, date and time of hearing the appeal. (3) The Tribunal shall dispose of the appeal within five months from the date of filing

of the appeal. (4) Any person preferring an appeal may either appear in person or through an

authorised agent before the Tribunal. (5) The gist of the order passed in an appeal shall be recorded in the register which

shall be duly attested by the Tribunal and a copy of the order shall be supplied within ten days from the date of passing of the order to the appellant."

(3) In Part VI, after rule 29, the following rule shall be inserted, namely:- " 29-A. Notwithstanding anything contained in any rule in this Part it shall not be

necessary for the Commissioner to serve any notice for the levy and collection of property tax under section 117."

Dr. K.Sowrirajan, Thiruvalargal S.M.Ramachandran, K. Ramani and A.S.A.

Arumugam, took part in the discussion. Hon. Minister for Local Administration replied to the debate. The Resolutions were put to vote of the House and adopted.

XV. GOVERNMENT MOTIONS

(1) On the 12th November 1987, Hon. Leader of the House (Minister for Finance)

moved the following motion:- "That rule 33 of the Tamil Nadu Legislative Assembly Rules be suspended and the

House do resolve to transact Government Business." The motion was put to vote and carried. (2) On the 13th November 1987, Hon. Leader of the House (Minister for Finance)

moved the following motion:-

23

"That Rule 55(6) of the Tamil Nadu Legislative Assembly Rules which prescribes that not more than two matters shall be raised at the same sitting, be suspended to-day and also during this Session."

The motion was put to vote and carried. (3) On the 16th November 1987, Hon. Leader of the House (Minister for Finance)

moved the following motion:- "That Rule 189(3) of the Tamil Nadu Legislative Assembly Rules which prescribes

that all discussions in connection with the Demands for Supplementary Grants shall be terminated at 1.00 p.m. be suspended and be extended upto 2.00 p.m."


moved the following motion:- "That under Rule 30(3) of the Tamil Nadu Legislative Assembly Rules, in item

No.VII-Government Bills (Consideration) in to-day's Agenda, Serial No.7, The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second Amendment Bill, 1987 (L.A.Bill No.48 of 1987) be taken up for consideration after Serial No.2 in the same item i.e. the Tamil Nadu Contingency Fund (Second Amendment) Bill, 1987 (L.A. Bill No.45 of 1987)".

The motion was put to vote and carried. (5) On the 17th November 1987, Hon. Minister for Transport moved the following

motion:- "That under Rule 30(3) of the Tamil Nadu Legislative Assembly Rules, in item

No.VII. Government Bills (Consideration) in to-day's Agenda, Serial No.11. The Tamil Nadu Exhibition of Films on Television Screen through Video Cassette Recorders (Regulation) Amendment Bill, 1987 (L.A.Bill No.53 of 1987) be taken up for consideration after Serial No.6 in the same item i.e. the Tamil Nadu Cinemas (Regulation) Third Amendment Bill, 1987 (L.A. Bill No.44 of 1987)."

The motion was put to vote and carried. (6) On the 17th November 1987, Hon. Minister for Local Administration moved the

following motion:- "That Rule 32 of the Assembly Rules which lays down that the first hour of every

sitting of the Assembly be available for the asking and answering of questions be suspended to-morrow (18th November 1987) for transacting Government Business."


moved the following motion:-

24

"That under Rule 25(1) of the Tamil Nadu Legislative Assembly Rules the House be adjourned sine die".

The motion was put to vote and carried.

XVI. MOTION FOR LEAVE FOR ABSENCE OF MEMBER

On the 10th November 1987, Thiru C. Palanimuthu, moved the following motion:

"That under Rule 20(1) of the Tamil Nadu Legislative Assembly Rules leave of

absence from the sittings of the House be granted to Thiru. O. Subramanian, Leader of Opposition for the current session"

The motion was put to vote and carried.

XVII. ELECTION TO THE SENATE OF UNIVERSITY OF MADRAS.

On the 10th November 1987, Hon. Speaker announced the programme for election of

6 M.L.As to the Senate of University of Madras and on 18th November 1987, Hon. Speaker announced that the election of 6 M.L.As to the Senate of University of Madras will be held in the next session, since thirteen nomination papers have been filed against the six vacancies.

XVIII. PRESENTATION OF COMMITTEE REPORTS

Serial

Number (1)

Name of the report

(2)

Date of presentation

(3) 1. Fifty-fourth Report of the Committee on Public

Undertakings.

16th November 1987

2. Fifty-fifth Report of the Committee on Public Undertakings.

17th November 1987

3. Fifty-sixth Report of the Committee on Public Undertakings.

17th November 1987

4. Sixty-third Report of the Committee on Public Accounts

18th November 1987

5. Sixty-fourth Report of the Committee on Public Accounts.

18th November 1987

6. Fifty-seventh Report of the Committee on Public Undertakings.

18th November 1987

25

Serial

Number (1)

Name of the report

(2)

Date of presentation

(3) 7. Fifty-eighth Report of the Committee on Public

Undertakings.

18th November 1987

8. Fifth Report of the Committee on Government Assurances.

18th November 1987

9. Fourth Report of the Committee on Petitions.

18th November 1987

10. Fifth Report of the Committee on Petitions

18th November 1987

11. Fourth Report of the Committee on Papers Laid on the Table.

18th November 1987

XIX. ANNUAL FINANCIAL STATEMENT FOR 1987-88 AND SUPPLEMENTARY FINANCIAL STATEMENT FOR 1986-87 OF THE TAMIL NADU

ELECTRICITY BOARD

The Annual Financial Statement for 1987-88 and the Supplementary Financial Statement for 1986-87 of the Tamil Nadu Electricity Board was laid on the Table of the House on the 9th November 1987.

The discussion on the Annual Financial Statements for 1987-88 and the Supplementary Financial Statement for 1986-87 of the Tamil Nadu Electricity Board was initiated by Hon. Thiru V.V. Swaminathan, Minister for Tourism, Prohibition and Electricity on 10th November 1987 and the discussion took place for three days, viz., 10th November 1987, 11th November 1987 and 12th November 1987, Eighteen Members took part in the discussion.

Hon. Minister for Tourism, Prohibition and Electricity replied to the debate.

XX. PAPERS LAID ON THE TABLE OF THE HOUSE

During the period 159 papers were placed on the Table of the House. The details are

as follows:- A. Statutory Rules and Orders ---- 115

B. Reports, Notifications and Other Papers ---- 44

Total 159

*****

tamil nadu legislative assembly

Documents