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Tamil Nadu Cottage Industries, Construction and Establishment (Restrictions,Limitations and Conditions) Rules, 1960

Tamil Nadu Cottage Industries, Construction and Establishment (Restrictions,Limitations and Conditions) Rules, 1960

TAMIL NADU COPY WRITERS LICENCE RULES, 1971

TAMIL NADU COPY WRITERS LICENCE RULES, 1971

PREAMBLE

In exercise of the powers conferred by sub-section (4) of section 52 and sub-section (2) of section 89-A of the Registration Act, 1908 (Central Act XVI of 1908), the Governor of Tamil Nadu hereby makes the following rules:--

1. Short title, extent and commencement.--

(a) These rules may be called the Tamil Nadu Copy Writers Licence Rules, 1971.

(b) They shall apply to the whole of the State of Tamil Nadu including Kanyakumari District and Shencottah Taluk of Tirunelveli District.

(c) They shall come into force on 2-4-1971.

2. Definitions.--

In these rules, unless the context otherwise requires,--

(a) "Form" means a form appended to these rules;

(b) "Copy writer" means a person who has obtained a licence under these rules;

(c) "Licence" means a Copy Writer's Licence granted under these rules:

(d) "Inspector General" means the Inspector General of Registration, Tamil Nadu;

1[(e) "Registrar" means the District Registrar of the Registration District].

3. Licensing of copy writers.--

For enabling neat, legible and correct copies of documents being presented under the Indian Registration (Filing of True Copies) Rules 1967, the State Government may make provisions for licensing individuals to write copies of documents.

4. Copies of documents to be prepared by licensed persons copy.--

No copy of document required to be presented under the Indian Registration (Filing of True Copies) Rules, 1987, shall be accepted by the Registering Officer unless it is prepared by a copy writer (licensed under these rules):

Provided that nothing in this rule shall apply to a copy which is printed or lithographed:

Provided further that Unlicensed copy writers may be permitted to write copies of documents till the copy writers licensed under time rules are appointed:

2[Provided also that in respect of a will sought to be presented at the residence of a person, the copy required to be presented under the Indian Registration (Filing of True Copies) Rules 1987, may be prepared by the same scribe who prepared the will in case of non-availability of a copy writer (licensed under these rules) at the place where the will was executed:]

3[Provided also that copies of documents prepared by unlicensed persons may be accepted in sub-registry office located in any hilly track, if no licensed copy writer is the resident of such area:]

4[Provided also that unlicensed copy writers may be permitted to write copies of documents to be presented at the newly opened Registration Office within the respective jurisdiction till fresh licences are issued to the persons practising in the said office.]

Note.-- "The copy writer himself with effect from 1.10.1994" shall copy the "Stamp Vendor's endorsements in the document". [Vide G.O. Ms. No. 286, CT & RE, dated 8.9.1994 - IGR No. 51447/C1/94, dated 14.4.1994]

55. Licensing Authority.--

The Inspector-General of Registration or the Additional Inspector-General Registration as may be authorised by him in this behalf in respect of State licence and the Registrar in respect of district and sub-district licence shall be the competent authority to grant the licences. The licence shall be in Form B. Every licence shall indicate the Registration Office to which the licence is attached.

6. Eligibility for licence.--

No persons shall be eligible for a licence unless he has passed the test prescribed in rule 8 6[or passed the Typewriting examination both in Tamil and English with Higher Grade in any one.]

77. Age.--

(1) No person shall be eligible to apply for Copywriters Licence Test unless he has completed eighteen (18) years of age on the date of calling for application.

(2) Other educational qualification for admission to test.--

No person shall be eligible to apply for the test prescribed in rule 8 unless he has passed the tenth standard or its equivalent examination.

8[Omitted]

8. Test.--

(a) The inspector General shall conduct as often as he considers necessary" a test of two hours duration for licensing individuals as copy writers. The test shall be held at the headquarters of every registration district after calling for application for admission to the test at least a month in advance by means of notices published on the notice boards of all the registration offices. The applications for admission to the test shall be in the form prescribed by the Inspector General. This test shall be for good handwriting, accuracy in transcription and the mode of preparation of copies. The fee for admission to the test shall be 9[Rs. 25/-] for each candidate:

10[Provided that a retired officer of the Registration Department of Tamil Nadu having good handwriting shall not be required to appear for the test, but shall be eligible to obtain a licence on payment of fee of rupees twenty-five.]

9. Fees for licence.--

A licence may subject to the provisions of these rules, be granted to a candidate who has passed the test prescribed in rule 8 without the payment of any further fee.

10. Validity of licence.--

(a) Each licence shall be valid only for the registration office or registration district or the State mentioned therein.

(b) A copy writer desiring to be attached to more than one registration office shall obtain a separate licence in respect of each such office. He shall, in that case, pay a fee of Rs. 6/- for each such licence except for one, to which he is eligible under rule 9.

(c) A copy writer desiring to obtain a district licence shall pay a fee of Rs. 50/-.

(d) A copy writer desiring to obtain a State licence shall pay a fee of Rs. 100/-.

11. Period of licence.--

The licence granted shall be valid upto 31st December of the year in which it is issued.

12. Procedure for applying for licence.--

Every application for a licence shall be submitted through the Sub-Registrar to whose office the applicant desires to be attached. Application for district licence shall be s'ubmitted through the Sub-Registrar in whose sub-district the licensee reside.

13. Disqualification.--

A licence shall not be granted to a person--

(a) if he is a minor;

(b) if he has been declared by a competent Court to be of unsound mind;

(c) if he is an undischarged insolvent or, being discharged insolvent, has not obtained from the Court which adjudged Mm as insolvent, a certificate that his insolvency was caused by misfortune without any misconduct on his part;

(d) if he has been convicted by a Criminal Court for an offence involving moral turpitude:

11[Provided that a convict may be granted a licence if a period of five years has elapsed since his release;]

(e) if he is a deaf-mute;

(f) if he is a person suffering from leprosy or any other form of venereal diseases;

(g) if his licence has, at any time, been cancelled.

12[(h) if he is in employment, part-time or full time, either in Government service or Government undertakings or local bodies or private firms or company or Organisation or receiving any income from any other sources.]

14. Renewal of licence.--

(1)     (a) The Registrars shall be the competent authorities to renew the licences in their respective Registration districts for a period not exceeding one year at a time.

The Inspector General or Additional Inspector General of Registration shall be the competent authority to renew the State licences for a period not exceeding one year at a time.

(b) Every copy writer desiring to renew his licence may apply to the Registrar concerned for such renewal in Form 'C' paying a fee of Rs. 5/- if the licence pertains to one sub-district; a fee of Rs. 25/- if the licence pertains to one registration district and the Registrar may renew the licences for a period of one year with effect from the date of expiry of the period upto which the licence has been previously granted or renewed.

(c) Every copy writer desiring to renew his State licences may apply to the 13[Inspector General or Additional Inspector General of Registration] in Form 'C' paying a fee of Rs. 50/- and the Inspector General may renew the licence for a period of one year with effect from the date of expiry of the period upto which the licence has been previously granted or renewed.

(2) An application for renewal shall be made at least thirty days before the date on which the licence is due to expire. Application received after the said period shall be refused. The Registrar or the 13[Inspector General or Additional Inspector General], as the case may be may, for reasons to be recorded in writing, and communicated to the applicant, refuse to renew the licence.

(3) Where an application for the renewal of a licence is refused or deemed to have been refused, the fee paid by the applicant shall be refunded to him.

(4) The Registrar or 13[the Inspector General or Additional Inspector General] as the case may be, may condone any delay of not more than 15 days in presenting an application referred to in sub-rule (2) if he is satisfied that the applicant has sufficient cause for not presenting it on or before the due date.

14[(5) If the Inspector General of Registration or the Additional Inspector General of Registration in the case of State licence or the Registrar in the ease of other licences, is satisfied that a licence is defaced, lost, destroyed or otherwise rendered useless, he may, on payment of a fee of rupees ten, issue a duplicate licence.]

15. Attestation by copy writer.--

A copy writer shall write copy of a document to be presented to a registering officer, shall affix his signature at the end of the copy prepared by him with the words "copy prepared by" prefixed thereto and shall also note the number and date of his licence next to his signature.

16. Fees for writing copies.--

15[(1) A copy writer shall not charge fees for writing copies at rates exceeding Rs. 1.50 (Rupees one and paise fifty only) per page of the registration copy form copied or Rs. 2/- (Rupees two only) per page in the registration copy form typewritten subject to a minimum of Rs. 4/- (Rupees four) per document.]

(2) The copy writer shall issue receipts for fees charged by him 16[in Form G].

16-A. Maintenance of account.--

(1) Every, copy writer shall maintain daily account in Form F.

(2) The copy writer shall produce his account book and receipts to the Sub-Registrar or the District Registrar, as the case may be, under whose jurisdiction the Registration Office to which he is attached is situated, whenever called upon to do so.

17. List of copy writers and scale of fees to be exhibited on notice boards.--

A copy writer may use the compound of the registration office to which he is attached for his work. A list of licensed copy writers attached to the Registration Office shall be put upon the notice board of each office. The prescribed scale of fees to be charged by copy writers shall also be exhibited in the notice board of each office.

18. Suspension and cancellation of licence.--

The Registrar shall have the power to suspend the licence of a copy writer in his district for a period not exceeding a month at a time for misconduct or unsatisfactory work. An appeal shall lie to the Inspector General against an order.

The Inspector General shall have the power to suspend for any length of time, or cancel the licence of a copy writer for misconduct or unsatisfactory work, after giving him an opportunity to show cause against the action proposed to be taken against him. The Inspector General shall also cancel a licence if the licensee is dead or incapacitated. An appeal shall lie to the Government within sixty days against the orders of the Inspector General cancelling the licences.

17[19. Registers of licences and renewals.--

The Licensing Authority shall maintain a register in "Form D" showing particulars of licences issued by it and a register in "Form E" showing particulars of renewals.]

20

20. (i) The licensed copy writer who hired the machine from the department shall be responsible for the proper maintenance, care and upkeep of the machine.

(ii) Damages to the typewriter caused by natural wear and tear shall be repaired or replaced by the department. The following items shall be deemed to be caused by natural wear and tear:--

(a) Rubber parts such as feed rolls, cylinder shell, etc.;

(b) Nuts and screws of various parts;

(c) Springs and links such as type bar, links, etc.;

(d) Bacolite parts such as space bar, thumb wheels, etc.; and

(e) Type faces.

(iii) Cost of damages to the machine other than those mentioned in item (ii) above shall be recovered from the licensed copy writers, who is responsible for the damage.

(iv) Each licenced copy writer who wants to hire a typewriter shall deposit with the Government a security of Rs. 50/- in advance and ensure that this amount is kept undiminished at ail times. Whenever a licensed copywriter desires to withdraw his deposit, he should submit an application to that effect to the District Registrar, who, after satisfying himself that there are no dues to the Government from the typewriter, may sanction the refund.

(v) Whenever any damages for which costs are to be recovered from the licensed copy writers occur, the Registering Officers should report the same to the District Registrar, The District Registrar should contact the company which supplied the machine and get the monetary equivalent of the damage and ask him in writing to pay the cost.

(vi) The Sub-Registrar or the Senior Sub-Registrar where there are more than one Sub-Registrar in an office shall decide in the first instance which copy writer is responsible for the damage and ask him in writing to pay the cost.

(vii) If the copy writer is dissatisfied with the Sub-Registrar's order, he may appeal to the District Registrar within 10 days from the date of receipt of the Sub-Registrar's orders. The District Registrar shall hold an enquiry into the matter and give his decision fixing the default on the appellant or any other copy writer, as the case may be, from whom the cost has to be recovered. The decision of the District Registrar shall be final.

(viii) The copy writer held responsible for the damage by the Sub-Registrar or the District Registrar, as the case may be, shall pay the cost of the damage within a period of 10 days from the date on which the final decision is communicated to him, failing which it will be recovered from his security deposit. If the cost of damage is more than the deposit amount, such excess amount shall be recovered from the copy writer.