Tamil Nadu act 025 of 1999 : Tamil Nadu Advocates' Clerks Welfare Fund Act, 1999

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Act 25 of 1999

Keyword(s):

Advocate, Advocates Association, Advocates Clerk, Advocates Clerks, Bar Association, Bar Council, Cessation of Employment, Dependant, Fund, Member of the Fund, Retirement, Stamp, Vakalat

Amendment appended: 21 of 2013

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The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 17th June 1999 and is hereby published for general info ,...ation ;- ACT No. 25 OF 1999.

An Act to pruvide for th? Corstitutio~ o f a Weljare Fund for the bmejt of Advocates, Clerks in zAe State of Tamil Nadu andfor nzatters connected therewith or incidental thereto.

BE it enacted by the Lsgislative Assembly of the State of Tamil Nadu in the fiftieth Year of the Repilblic of India as follows :--

1. (1) This Act may be called the Tamil Nadu Advocates' Clerks Welfare Short ti* a d Fund Act, 1999. cornme-

(2) It shall come into force on such date as tbe State Government may, by^I notificat~on. appoint. I

2. Jn this Act, un1e;s the context otherwise req-~ires,- Deflnitios

(a) "Afvosate" mzans a pzrson whose name has been entered in the roll ~ c t 25 of advocates prepwed and maintained by the Bar Council under section 17 ofthe Advocates Act, 1961, and who is a membtr of a B3r Association or an Advocates Association;

(b) "Advocates' Association" means an association of advocates recognixxi Welfare Fund Act, 1987;

(c) "Advocates' Clerk" means a clerk amployzd by an Advocate and recog- n i d by such authority and in such manner as may be prescribed and who is a member of an Advoc.~tes' Clerk Association;

(d) "Advocates' Clerks Association" means an association of Advocat~~s' alerks recognised and registered under section 13:

(e) "Bar Associ.~tion" means an association of advocates recognised

9 1987. and registered by the Bar Council under section 13 of the Tamil Nadu Advocates' Wolfare Fund Act, 1987; -

(f) "Blr C3~n:il" m:ans the Bar Council of Tamil Nadu constituted under se;tion 3 of thz Advocates Act, 1961;

(g) '4C:ssation of Employment" means removal of the name of an Advocates' clzrk fr3.n ths S:nte r ~ l l mnintainzd by the Committee on account of his retirement;

(h) "23 mmitte? means the Tamil Nad u Advocates' Clerks Welfare Fund aammittee constituted under section 4 ;

(A -Group) XP 2 EY (491)-3

2

' b & - 138 . --- ---I_ - . ..__-- -

(i) " Dependant '' means any of the folloviing felatiues of a &ceased nkxnber

of the fui i~di hamely :-

(i) a widow, a lninor Iekiti&dte son, an ufi-.-ljharried legitimate daughter or a widowed mother ; ancl

lii) i son who has attained the age of eighteen years oy a marriled da~~ghter who is wholly dependant on the earnings of the member at the tlme of h ~ s death and is infirm ;

fJ) (' Fund " means the Tarnil Nadu Advocates' Clerks welfare Fund con- stituted under section 3 ;

(k) '' Government '' means the State Government :

(1) "Member of the Fund" means an Advocates' Clerk admitted to the bene- fits of the fund and contlhuing to be a member thereof undar,tM prov~sions of the Act ;

fn2) "Nolification " means a notification pvhli~hed in the Tamil Ara& Government Gazette, and the word " Notified " shall be construed accordingly ; Advocates

Clerks Welfare

Bund. . '

In) "Retirementy' means stoppage of employment ,as an Aclvocates' Clerk for reasons othei'than joining service or for carrying on any other gainful occupation, communicated to, and recorded in the manner prescribf.d ;

lo) "Stan~p" means the Tarnil Nadu Advocates' Clerks Welfare Fund Stamp. and distributed under sf ction 12 ;

lp) " Vakalat " means a Vnk?latnLur,,n, niemoraniJ.r;n~ of appearance or any other document by wllicl~ an Advccate or zny other focal practitioner is empowered to appear and plead ~ e f o r e any court, tribunal or authority.

3. (1) The Government shall, by notiscation, constitute a fi,nd to bz calkd the Tanlil Nadu Adv0ca.e~' Clerks Welfare Fund.

(2) There shall be credited to the Func'.,-

(a) all amounts collected by way of sale of stamps under section 12 ;

(b) any valuniary doci.tionor con t~ ibu t ion~~ade to the Fi~nd by the Bas Counci?, any Bar Associ~.titin, any other Associdion or Inslit~tic.n, al:y Adcoca:?

or acy other person ;

fc) any s:rm barrow~d under seaion 10 ; (4 ail sum reccived from- the Life Insurance Corrc;:ction: cl' Il-c':~, ,lL i.3

the death of a meni5erIof :he Fucd under a Group 1n:nrar.ce Pc1:'cy; fe) n::y prcfii or dividend rectivcd from the Life Tccurrcce Corpolt !;ck:,

. f T n d i ~ p-ct C!'FG!IC~CS of G^~cu~Jn:ur~rcc of 11:c c cn f^clsof tke r^{u~d :}

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- . - ~ ~ l j d t NAnU GOVERNMENT GAZETTE EXT-RAORDINARV 159 - - - "... ,rC I ..,. s. .-. ---*->..-. .

I I I t (

' (f) any inte~est or dividend or other return on any investment made 6,f an& ,., ,. .

part of the Fund; and - , :^{fr>' I .:,1 ;}

' $ 1 I , ,

(S) all sums collected under section 15.

#I

4. (1) The Government may, by notification, establish with effect on and Establishn~ent from such date as may be specified therein, a Comnlittee to be called ,the Tamil of Welfare , Nadu Advocates' Clerks Welfare Fund Committte,

' I , \ Fund Commt-

tee;

(2) The Committee shall be a body corporzte havilig perpetual succession

and Xumrndn seal with power to acq~zire , hold ahd dispose of property-.and shall,

by the said aaine, sue and tie sued. ' , .

. (3) The Committee shall consist of,- (;)) the Chairman of the Bar Council ; \

(b) the Sscretary to Government in-charge of Law;

(c) the S:cretary.to Government in-charge of Home;

E (d) the. Szcretary to Government in-charge of Finance; I (e) the Registrar of High Co~u-t, Madras ;

[ I

( f ) three members to be nominated from among the Advocates' Clerks by .: , such authority and in such manner as may be prescribed of whom one sliall be nbnli- .,, 1,. ,, I nated by the Comzr,ittee as the Treasurer of the Fund; ( 1 - 4 i , "' b

, I 1 1 , &) a Sccrc~;lry 10 1)c ilppointtd 1>y I 111. ('J,;I~I 11 ; I, 1 I, ; ( I III I r WIIII J 1 1 ~ 1 1

(I I t

regulations a9 m a y h: rrc::[Jr I~y1l1cI lonrrnir~cc 111 ro,pc:c.r I , ! ~lrc I cc rrrrlrrrurrr nrrrl rerjrr= dltions ( 9 1 norvicu oJ huclr !ir;crc;li~ry, f l u 1.11i1ll Ijc: 11,11tl OIII 0 1 I I I ( I'III tl I Provided thst the Secretary appoillted under this clause shall not Laver the

1 : rigl;t to vote ijt thc mecti~lgs of the Committee.

, . , , ,

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(d) The Chairman of Bar Council shall b: thc cs -ozco Cliairman of the

Co mmitree.

( 5 ) Thc ~~~~~~~~~y to Govcnln~cnt ;[I-chargo of Lnw, tllc S ~ c r c t a r ~ td Government in-chagz of Tiainc, tlze Sxretary to Go\?crnment in-charge of Finance and tli:: Rzgistrar ot Hi,$ Ca~:t, ?dsdras slzdi b: the c.r-o,:'icio in~embcrs of the Corn- mittec. -

(0) Tn c ~ s o tllc S:crct:~ry t~ C;c~\rcrnn:rn! in-cll.rr[:c of L,I\V o r t l ~ c S,ciLtnry to

G O V C ~ I I I I I ~ : ~ I ~ i ll- lt:~r !r: of' I IOIIIC or tllc S C C ~ L ~ ; ~ ~ Y !O <30vc1 i r l . $ 1 in-cllargC Of - I Finance, is unable to a:tend the mcerings of the Con:r,i:tcc jnr ally rcnson, he may depute any ofiicer of !lis D:part~-lent nct ]o\lier in rznk t52:: thzt of Deputy

Sscretary to Government to attend the meetings.

(7) In casa t33 Rqistrar of t?iz High Court, :l:sdr?s is unsble to attend the

rn-ctings of the co:nmittce for any reason, he lnay depute any cfficer not bolow the the rank of Deputy Regiutrar to attelld the ineeiii~gs.

(8) A marnbx np!ninafs:! 11~der clause (0 of s.~L.-section (3) shall hold ofrice for a tcym of three yecrs or ur.til he ceases to b . '1 i!ic~nb-r of Ac!vocat~s' clerks ~ssocla$i:~c? whichcvcr is ca-lit-r,

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1.60 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY ---- __-- -- .-- -

~isqudifl- 5. (1) A memb:r nominated under clause (f) of subsection (3) of section 4

cation and shall be -disqualified to be a member of the Committee, and ceases to be such r e m o d of member, if he,-

nominated mtmbess of

the Cam- mittee. , becomes of unsound mind ; or

1

(b) is adjudged as insolvent ; or (=) is absent without leave of the committee for more than three consecu- tive meetings of the Committee :

. Provided that the membzr ceasing to hold office under this clzuse may be restored by the Committee, if such menlber makes an application for the condonation of the absence ; or

tn) i s a clcfcrultcr to thc Fund .din case he is a member of the Fund) or has committed breach of trust ; or

(e) is ccnvicted by a criminzl C?UI t for an offence involving moral turpitude, unless such conviction has bzcn set asrde.

(2) The c~;.~rnment may remove any memb:r who is or has bxome disquali- fied ur. :?r sub-section (I), from the membwship of the Committee :

Provided that no order removing any member shall b': passed unless the mem- ber has bsen given an oppartunity of b:ing heard.

Resignation by 6. (1) Any memb:r norninat~d under clau!e (^f) of sub-section (3) of section 4

nominated mem-4 may resign his oEce by giving three mmths notlce in writing to the Chairman of the

ber of the a m - Committee and on such resignation bzing accepted by the said Chalrman, he shall

mittee and filling bs deemed to have vacated his office. u p of casual

vacancies.

(2) Any casual vacancy in the office of a member referred to in su b-section (1) shall ba filled up, as soonas may be, and a member so nominatedtosuch vacancy shall

hold ofice for the residue oi the term of his predecessor.

Act Committee 7. No act done or proceeding taken under this Act or the rules made thereunder

not .I33 invali-r by ths Committee shall b: invalidated merely by reason of,- dated by defect,

etc., (a) any vacancy or defect in the constitution of the Clommittce ; or

(b) any defect rr irregularityintheelectionof any pxson as a member thereof;

or

(c) any defect or irregularity in such act or proceeding not affecting the merits of the case.

Vastin8 and 8. The Fund shall vest in and be held and applied by the Committee subject applicat~on to the provisions, and fo: the purposes, of this Act.

of Fund.

Functions of 9. (1) It shall be the function of the Committee to administer the Fund. the Committee.

(2) In the administration of the Fund, the Committee shall, subject to the

provisions of this Act and the rules made thereunder,--

(a) hold the amounts and assets belonging to the Fund ;

(b) receive applications for admission or re-admission to the Fund, acd dispose of such applications within ninety days from the date of receint t h e r ~ f ;

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TAMIL NADU GOVERNMENT GAZETTE ,EXTRAORDINARY i61 -

(c) receive applications from tF.e members of the gund, their nominees or legal representative as the case may be, for payment out of the Fund, conduct such enquiry as it deems necessary, for the disposal of such applications, and dispose of the applications within five months from the date of receipt thereof; . .

(d) record in the minutes book of the Conllnittee its decisions on thc

applications ;

(e) pwy lo the applicants amounts at the ~.alcs pcciflcd in thc Schcd~lle; (/) maintain such accounts and books and send sucl periodicals and annual reports to the Bar Council, as may be prescribed;

(g) communicate to the applicants under certificate of posting tlie decisions of the Committee in respect of applications for admission or re-admission to the Fund or claims to the beneBt of the Fund :

(h) do such other acts as are, or may be, required to be done under this Act add the rules made thcrcunder.

10.(1) The Committee,may, with the prior ap roval of the Bkr Council, P borrow, from time to time, any sum required for carry ng out the purposes of this Act.

(2) ,.The Committee qhall deposit,& moneys and racipts for&'inf part of

twal Act 2 the Fund m any Scheduled Bank as defined in the Resetve Bank of India kt, 1934 11934. or invest the same in loans to any corporation o^mdor controlled by the Cantral Govarhmeht of tho State Government ar in laans floated by the Central Qovement or the State Government or in any other manner as the Bar Council may, from time to time, direct with the prior approval of the Government.

Borrowing anc

investment o l Funds.

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(3) All aniouits due and payiblb bnder this Act and all sipenditure rckhting to the management and admiilistration of the fund shall be paid out of thelFuhd:

(4) The accounts of the Committee shall be audited annually by a Chartered Accatintafit appointed by the Committee.

(5) The accourits, as certified by the auditor together with the audit report ther6oa,shall be forwarded to the Bar Council by tbe Committee and the Bar Council

may issue such directions as it deems fit to the Commit~ec in respect thmof.

I

(6) The Conunittee shall comply with the directions issned by thk Bar Cauncil under sub-section ( 5 ) ~

11 The Secretary of the Committee . . shall,-

(a) be the Chief Executive authority of the Committee and responsible far carrying out its decisions;

(b) represent the Committee in all suits and proceedings for and against the Committee^;

(c) authenticate by his signature a11 decisions and instructions of the Committee^;

(d) operate the bank accounts of the Committee jointly with the Treasurer ;

(e ) convene meetings of the Committee and prepare its miiktes ;

(f) atteid the meetings of the Coni~nittee with all the necessary records and information ;⁵

.! '. IP) ma~fitain such forms, registws and other recoid8.a~ may b prescribed, from time to time, and do all correspbndence relhtihg to the ~^{omittet, ; t}

(h) prepait an annual stgtement of business. transaction by Committee during each financial year ; and -I,.

Powers and

duties of

secretary. - . I > . . . . , ... r ' ,

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: . : . . ..

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Tamil Nadu

Advocates' Clerks

welfare Fund Stamp. Rwgd t ion and Regi.s- tration of Advocates'

dlerks

Association. Duties of Ad vooatcs'

cltrks

Associations.

TAMIL NADU GOVERNMENT GAZE'ITE EXTRAORDINAkY - . "- - --C -

12. (1) There shall be printed or cause to be printed by the Bar Councll in Such form and in such manner as may be prescribed by rules, starzy inscribed as

" the Tamil Nadu Advocates ' Clerks welfare Fund ", each of the value of two

rupees.

(2) Evey vakalat or Memorandum of appearance filed before any Court, authority or trlbunal shall be aftlxed with a stamp as sptcified in subsection (1)

in addition to the court fee stamps, if any, and stamp to be affixed under any other Act and no vakdat or M:emorandum of appearance shall be valid unless l t IS

so stamped ;

, . ,

Provided that this sub-section shall not apply to any vakalar or Memorandum of appearance flled on behalf of the Central or State Government. * , a .

' (3) "The' person or authority receiving vakalar with such stamp shall, forth- with effect cancellation of the stamp by punching out the same.

. 1 .

(4) The custody of the stamps printed under this section shall be with the Bar Council and, the supply and sale of stamps shall be in such manner as may be prescri.@d. ,

I 4

13. (1) (a) All associations of Advocates* Clerks functionipg in. any court beadquarters may, before a date to be notifled by the Committee la t b s behalf, . .( . . ' I . 1

. . ,. i ..s : ,

. : .. ,, . ' (b) ' *any such association of Advocates' Clerks constituted after the commencement of this Act may,

apply t,o t p Committee in such form and in such manner as may k prescrikdi forfecognition and registration as an Advocrdes' Clerks Association under tliiS Act.

. .

(2)' &ery application far recognition and registration shall be accompanied by the rules or by-laws of the association, names and adrtsses of the office bearers : of. the, a ~ ~ t h n , a d .an upto d,@e list of the membtrr: of the association with .name, ,adress,,age and the ordinary place of employment of such m a @ .

, 1 , 1 4 1 . 1 1 ,

(3) The Committee may, arter such enquiry as it deems necessary recognise

s the A~bciation as an Advocates' Clerk A zociation and issue a certificate of recognition aad registrdion in such form as may be prescribed.

(4) The decisi~ In of the Cornmitee iegarding t he recognition and registration of an Associatioll shall be final.

I I " . I . '

14. (1 Every Advocates' Clerks Association shall, on or 1 before the 15th April

I of ,eYFY year, intimate to the Committee a list of its members as on the 31st

March of that year.

1

(2) F v ~ ~ Y ~dvocates' Clerks Association shall iniimate to the Committee of,-

" (a) any change of the office bearers of the Advocates' Clerks Associa- tion within fifteen day? from such change ; . .

(b) ,. any change in number of members including admission and re- admission wlth~n thirty days of such change ;

: . ; . . : .! (c) ,the death or retirement of any of its members within thirty days

from the :of occurrence thereof ; and

. . l . l l l , . (d) Such other matter as may be required by thr: Committee frc,n- tinln

to time.

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TAMIL NAuU GOVERNMEN I: GAZETTE EmRAORDINAKY 163 e'* -"-- ----- - -

15. (1) Every Advocat?s Clerk in the State may apply to the Committee, ~ e m b d h i b in such form and in such manner as may b: prescribed for admission as a member of the Fund. .of the Fund.

(2) On receipt of an application under sub-section (I), the Committee shall . a

.make such enquiry zs it deems 6t and either admit the applicant to the Fcnd or for^{, -} reasons to be recorded in writing reject the application:^{I. I}

. - . Provided that no order rejecting an application shall be passed unless the applicant has been given an opportunity of being heard.

(3) Every applicant shall pay an application fee of rupee? fifty along with

(4) Every applicant shall pay to the Fund an admission fee of rupees fifty

. at the tlme of admission or re-admission. ?

i (5) Every person admitted as a member of the Fund shall pay a membership . s^{. .} 'fee of rupees one thousand. It is payable in tw6 equal half yearly instalments. 4 6) Ever member of the Fund shall, at the time of admission make a nomnatlon co 4 erring on one or mots dependant^ the right to receive the amount *from the Fund in the event of his death.

('?l If more than one person is nominated, the amount or share payable - to each nominee shall be specified in the nomidation.

(8) A member of the Fund may at any time ca~wel a nomination by sending < a notice in writing to tbe Committee along with a fresh nomination.

(9) Whefe on receipt of a complaint a r otherwife, the Committee has reason i to believe that any Advocates9 Clerk secured admission as a member of the f i n d -by miS-representation, fraud s r undue influence, it :hall be competent for the

.Committee to remove the name of such Advocates' Clerk from the membership of - the Fund :

f ; P!ovided that no order under this sub-xction shall be pssed rnless the rper~onlrkely to be adversely affected has been given an opportunity of being heard. i .

k

I 16. (1) A member of the Fund shall, on cessation of employment, be entitled t -to receive from and out of the Fund a0 amount at the rate specified in the Schedule. ;

, . ', .,

Payment frbm

the Faad on

oearation of employdent.

! (2) In the event of death of a member, a consolidated amount of rupees i

I . fifty thpusand be paid to the nominee or, where there is no nominee to his dependants.

(3) ' A member of the Fund may withdraw his membership at any time after - - five years of his admission as a member of the Fund and on such withdrawal he shall be entitled to receive the amount from and out of the Fund an amount at the rate

specified in the Schedule. Such perscn shall be eligible for readmission to the .^I

-Fund as a new member subject to such conditions as may be prescribed : , , -. . , I ,

Provided that a member suffering from permanent disablement may withdraw^I

his membership within five years of his admission to the Fund.

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(4) For calculating the period of completed years of employment for the : t purpose of payment under this Act, every four years of employment under an Advocate if any, before the admission of a member to the Fund shall be computed

. as one year of employment and added dn to the number of years of c,..~loyment after such admission.

( 5 ) An application for payment from the Fund shall be made to the Committee - i n such form as may be pres@bed. , I .,, 1 i

..I4 ! :,

(6) An applicatibn received under sub-section 5 , shall be disposed off by '; : I^;,:

vthe Committee after such enquiry as it deems necessary. ; ..: . J '

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1.64 , TAMIL NADU G0VERNMEiiT GAZB'ITE BXTBAeRDINARY - -- - Restriction on

alienation, ,

attaohment etc.,

of interest of

member in the

Fund.

Group Life

Insurance for

members and

other benefits.

17. (1) The interest or the rigl.t of a member of the Fund or his nominee or. legal heirs to receive an) amount from the Fund, shall not bc assigned, alienated or charg@ and shall not bc liable to attachmrnt under any decree or order of any. court, tribunal or other authority.

(2) No creditor shall be c'ntitled to proceed against the Fund or the interest. therein of any member of the Fund or his nominee or legal heirs.

Exp1tination.--For the purpose of this section, "creditor" includes the State, or an oflicial assigrae or ofCcial receiver appointed under the law relating tor insolvency for the time b2ing in force.

18. The Committee may, for the Welfare of the members of the Fund,-

(a) takc from the Life 1 n s u r a k Corporation of India, policies of Group. Insurance on the life of thc members of the Fund; and

I

(b) provide for medial and educational facilities, and such other benefits,. as may be prescribed, for the members of the Fund anc! their dependhnts.

. ,

Meetings of the 19. (1) The Comnlittee shall meet atleast once in three months or more often>

Committee. if found necessary to transact its business.

(2) Five membzrs of the Comniittec shall form the quorum for a meeting.. ' of the'committee.

(3 The Chairman or ill his absence, a member elected by the Members> present at L;.: metihg shall ?reside over a me~ting of the Committee. I

(4) ~ n ~ m a i t e r coming u p beforr a meeting of the Committee ahdl be dcddedl

by a majority of the members present and voting at the me+ting and, in the case of any equality of votes, the Chairman or the member presiding over the mecting shall have and exercise a casting vote. I

Travelling and , 20. The nominated rnembys of the Committee sbzll be eligible to get sucbl

daily allowance travelling allowance and daily allowance as may be prcscribed. , to mernbcrs

, of Committee. I

2

. . Review. 21. The Committee may, suo-niorlr at any time or on an application from any,

interested person witilin ninety dajs of any order passed by it, review any such order :

Provided that t l ~ c Committee shall not pass any orda adtrerselg W t i n g any. 1 person unless such person has been given an opportunity of malring his represen- tation.

i Protection of 22. (1) No suit. prosectttioh or other legaI pfc,ceeding shall lie a^enstany action taken in person or anything which is in. good faith done or intended to be done ih Wsuance #good faith. of this Act or any rule made thereunder. * ?, (2) No suit' or other legal proceeding shall lie against the C64inittee or the

Bar Council for any damage caused or likely to be cziut&d. by anythi8g wliich is In.

, good faith done .or intended to be done in pursuance of thiu Act or any rule made' i i thereunder.

f , !Bar of jurisdic- 23. NO Civil Court shdl have jurisdiction to settle, d'hdc or deal *th any

tion of Civil ' question or determine any matter qhich is by or under this Act reciuifed to be Courts. settled, decided or dealt or determined by the Cornmitt&.

Power to s&L 24. The Conunittee shkll, fbr the*pwposes of Any enquify under this Act, have mon witnesses the same powers as are vested in a Civil Cow while tty?ng a suit under the Code

and take I !

. . of Civil Prodedure, 1908 in respect of the following matters, ncnmcly *-

evidence. ^{a. .. .}'

I 1 - 6 . . . _ . *' ,

fa) enforcing the attendance of any person or examining him on oath ; --- __ --I _ _ -

(b)fi Cbe---dhvery- and production .of documents - - ; - .

- l r r - - - - - - -- --- --___ . ,

124 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY