TAMIL NADU SCRAP MERCHANTS AND DEALERS IN SECOND-HAND PROPERTY AND OWNERS OF AUTOMOBILE WORKSHOPS AND TINKER SHOPS (REGULATION, CONTROL AND LICENSING) RULES, 1987 TAMIL NADU SCRAP MERCHANTS AND DEALERS IN SECOND-HAND PROPERTY AND OWNERS OF AUTOMOBILE WORKSHOPS AND TINKER SHOPS (REGULATION, CONTROL AND LICENSING) RULES, 1987 In exercise of the powers conferred by section 16 of the Tamil Nadu Scrap Merchants and Dealers in Second-hand Property and Owners of Automobile Workshops and Tinker Shop (Regulation, Control and Licensing) Act, 1985 (Tamil Nadu Act 1 of 1986), the Governor of Tamil Nadu hereby makes the following rules:-- These rules may be called the Tamil Nadu Scrap Merchants and Dealers in Second-hand Property and Owners of Automobile Workshops and Tinker Shops (Regulation, Control and Licensing) Rules, 1987. In these rules, unless the context otherwise requires,-- (a) "Act" means the Tamil Nadu Scrap Merchants and Dealers in Second-hand Property and Owners of Automobile Workshops and Tinker Shops Regulation, Control and Licensing Act, 1985 (Tamil Nadu Act 1 of 1986); (b) "appellate authority" means in the case of the City of
1[Chennai] the Government in the Home Department and in the
case of districts, the Deputy Inspector-General of Police of the range concerned in which the district falls; (c) "Form" means a Form appended to these rules; (d) "licensing authority" means, in the case of the City of
1[Chennai], the Commissioner of Police and in the case of districts, the Superintendent of Police of the district concerned. Every applicant for the grant of a licence for the purpose of carrying on or continuing to carry on the business as a scrap merchant or a dealer in secondhand property or an owner of an automobile workshop or a tinker shop in any area shall apply in Form No. 1 in triplicate to the licensing authority. On receipt of every application, the licensing authority shall register it serially in a register maintained by it for the purpose. While granting licence, the licensing authority shall have regard to the following matters, namely:-- (i) The objection, if any, raised by the local authority or other person in the locality; (ii) Whether the applicant is a major; (iii) If the applicant is a partnership firm, whether it is a registered one under the Indian Partnership Act, 1932 (Central Act IX of 1932) and, if so, whether a copy of the certificate of registration has been produced; (iv) If the applicant is a company, whether it is registered under the Companies Act, 1956 (Central Act I of
1956)2 and, if so, whether a copy of the certificate of registration has been produced; (v) If the firm is a partnership one, whether the name of the managing partner, or if it is a company, the name of the Managing Director, or if it is a sole proprietorship concern, the name of the proprietor has been furnished; (vi) The licensing authority shall, as soon as may be, after the receipt of the application consult the health officer concerned and the traffic police as regards the suitability of the place where the business is to be established. The licensing authority shall grant a licence in Form No. 2 on payment of the fee. 3Every licence granted may also be renewed by the licensing authority in Form No. 2 of an application in Form No. 1 on payment of the fee.] (1) Every person intending to establish any place of business of scrap merchant or for dealing in second-hand property or any automobile workshop or a tinker shop shall, before establishing such place, make an application in writing to the licensing authority in Form No. 3 for permission. (2) The application shall be accompanied by a plan of the place of business showing, among others, the distance between the place of business and the nearest residential locality. (3) The place of business shall not be in any land vested with the Government or with any local authority. The licensing authority shall grant permission in Form No. 4 on payment of the fee. (1) Every scrap merchant or a dealer in second-hand property and the owner of an automobile workshop or a tinker shop shall maintain the following books, namely:-- (1) Purchase Book Register; (2) Sale Book Register; (3) Register of workers; and (4) Register of Employment in Form Numbers 5 to 8, respectively. (2) The accounts and books shall be maintained in Tamil or English or Telugu or Malayalam or Kannada. (1) Any person aggrieved by an order of the licensing authority under section 4, section 5 and sub-section (3) of section 9 of the Act may, within the period of thirty days from the date of receipt of the order of licencing authority setting forth the facts clearly, explaining each of the points in separate paragraph
providing the prayer at the end, appeal to the authority specified in clause (b) of rule 2 on payment of the fee. (2) The appellate authority, on receipt of such an appeal, shall, after calling for the records of the case and after due examination, make such order as it deems fit. The
Sub-Inspector of Police having jurisdiction shall be the authority competent to make a complaint in writing of any offence other than an offence punishable under section 10 of the Act. The fee leviable in respect
of grant of licence, renewal and permission and in respect of appeal under the Act shall be at the rates specified in the Schedule hereto. The fee shall be paid in the form of a crossed bank draft drawn on a nationalised bank in favour of the licensing authority or the appellate authority, as the case may be.
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