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TAMILNADU SPINNING MILLS ASSOCIATION

“Energy Efficient Induction Motors-Three Phase Squirrel Cage (Quality


Control) Order 2017”. Therefore, the Electrical Managers should take sufficient notice on this Or
Relevant Circular:
CIRCULAR No.78/2017-18 Dated 03.10.2017
3.19 TO GET BACK THE BPSC AMOUNT PAID ON ARREARS OF E-TAX:
3.19.1 When the matter of levy of E-Tax was contested, many of the members of TASMA have not p
Electricity Ombudsman on 12.04.2016 and based on that, the TN
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Electricity Ombudsman has passed a detailed order on 20.12.2016. The
TANGEDCO has also issued working instructions towards the same before the TN Electricity Ombudsm
the BPSCs collected prior to 01.09.2004 and after 01.09.2004 on the E- Tax arrears, are eligible for r
same by adjustment.
Relevant Circular:
CIRCULAR No.107/2016-17 Dated 26.12.2016
3.20 LEVY OF EXCESS DEMAND CHARGES DUE TO LOAD SHEDDING
[13(f) BATCH MATTERS]
3.20.1 Even though, the members of TASMA have enough energy of their own , to consume during d
has circulated a draft reply and accordingly, all members covered by the
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13(f) Batch matter have filed the replies to CFC-Revenue. The matter was
also explained to CFC-Revenue directly by our Chief Advisor during the personal hearing. It seems th
further progresses can be updated from the Advocates concerned.
3.21 ADVANCE DECLARATION OF WIND ENERGY AND CONSEQUENT
PENALTIES
3.21.1 As per the orders existed at that point of time, during the year 2010, windmill captive consum
petitions before Supreme Court by contacting their Advocates.
3.22 COLLECTION OF T&D LOSSES ON BANKED WIND ENERGY UNITS
3.22.1 Due to a wrong illustration provided by the CFC-Revenue, in certain Circles, the BOAB Auditor
filed a Grievance Petition before the TN Electricity Ombudsman. Finally,
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the Electricity Ombudsman has provided his order on 20.12.2016 in A.P.
No. 34 of 2016 in favour of the claim of TASMA. Hence, any member facing any issue can close the A
Objections.
Relevant Circular:
CIRCULAR No.107/2016-17 Dated 26.12.2016
3.23 IMPLEMENTING AUTOMATED METER READING (AMR) IN ALL
WEGs-TANGEDCO ATTEMPTS POSTPONED:
3.23.1 TANGEDCO was very keen in implementing Automated Meter Reading (AMR) facility at all WE
End Circles.
Relevant Circulars:
CIRCULAR No.33/2018-19 Dated 28.06.2018 CIRCULAR No.36/2018-19 Dated 30.06.2018
3.24 TREATING OF WINDMILL INCOME UNDER SECTION 80-IA
3.24.1 Even though the Madras High Court has very clearly provided an order that incomes from win
subsequently and therefore, the incomes from windmills are fully entitled
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for exemption under IT provisions during the selected period of 10 years
within a span of 15 years. However, availing of this facility in case of used second hand windmills is n
3.25 RATES OF DEPRECIATION HAS COME DOWN FROM 80% TO 40%
ON WINDMILL INVESTMENTS
3.25.1 According to the Budgetary announcement made while presenting the Budget for 2016-17, th
Energy Projects, would be reduced to 40% with effect from 01.04.2017.
3.26 HARMONIC CONTROLS AT WEG LEVELS
3.26.1 According to the Comprehensive Wind Tariff Order issued by TNERC in Order No.3 of 2016 da
obligation of providing harmonic controls at their WEG levels.
Relevant Circular:
CIRCULAR No.15/2016-17 dated 27.04.2016
3.27 ATTEMPT OF TANGEDCO TO ALTER THE BANKING PERIOD FROM
FINANCEIAL YEAR TO CALENDAR YEAR FOR EXISTING WEGs AND WITHDRAW THE BANKIN
3.27.1 With a view to restrict the banking facility to all WEGs under Captive
Consumption arrangements, the TANGEDCO has moved a petition before the TNERC in M.P.No.24 of
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a. Modify the banking period from Financial Year to Calendar Year for
the existing WEGs and
b. To withdraw the banking facility for all future WEGs commissioned after 01.11.2016.
3.27.2 On this effort, TASMA immediately got impleaded in the matter before the
TNERC and accordingly, filed heavy objections even in taking forward the proposal in the admission s
existing WEGs.
3.28 HOW TO CLAIM THE ENCASHMENT FOR UNUTILIZED WIND
ENERGY UNITS AVAILABLE AT BANKING ACCOUNT AS ON 31 ST MARCH
3.28.1 Due to heavy back outs of WEGs experienced during the years 2013-14, 2014-15 and 2015-1
follow the below procedures.
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 They have to get the statement of unutilized banked units available at the account from the SE of th
 They have to make an invoice for the 75% of the values at applicable rate as provided below to the
* For windmills commissioned before 15.05.2006 and executed EWA, the tariff rate is Rs.2.75
* For windmills commissioned after 15.05.2006 and executed EWA, the tariff rate is Rs.2.90
* For windmills commissioned after 19.09.2008 and executed EWA, the tariff rate is Rs.3.39
* For windmills commissioned after 31.07.2012 and executed EWA, the tariff rate is Rs.3.51
* For windmills commissioned after 01.04.2016 and executed EWA, the tariff rate is Rs.4.16 without Accelerate
 They have to attach an advanced stamped receipt.
 The invoice along with statement and advanced stamped receipt can be sent by registered post with
 They have to wait for the payment.
3.28.2 However, members are informed that the matter of encashment of
unutilized banked energy outstanding at the accounts of the members for the years 2014-15, 2015-1
to adjust the amount receivable for the payment against future CC bills.
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Relevant Circulars:
CIRCULAR No.142/2017-18 dated 05.03.2018 CIRCULAR No.1/2018-19 dated 07.04.2018 CIRCULAR
3.29 TANGEDCO ORDERS THAT UTILITY CHANGE IS NO MORE POSSIBLE
FROM SALE TO BOARD TO CAPTIVE
3.29.1 By issuance of a Board Proceedings in No.266 dated 20.05.2017, the CMD TANGEDCO curtaile
proceedings were already challenged and stayed.
Relevant Circular:
CIRCULAR No.22/2017-18 dated 22.05.2017
3.30 WIND ENERGY ACCOUNTING PROCEDURES WERE ABRUBTLY
CHANGED AND MADURAI HIGH COURT ORDERED TO KEEP IN ABEYANCE ALL SUCH CH
3.30.1 By issuing a Circular Memo in CE/NCES/SE/EE/WPP/AEE2/ F. Banking instruction /D.903/17 d
energy adjustment and on that score alone, the due date for payment of
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CC bills for HT consumers were revised two times during the month of
May 2017. Considering the difficulties, one of the WEG Companies has filed the Writ Petition at Madu
challenged by TANGEDCO by filing any writ appeal.
Relevant Circular:
CIRCULAR No.25/2017-18 dated 25.05.2017
3.31 WIND ENERGY-GRIEVANCE HANDLING
3.31.1 The TANGEDCO HQ has constituted a Task Force and accordingly, TASMA, SIMA, IWPA and IW
sector with TANGEDCO for redressal of grievances from time to time.
3.31.2 Likewise, to address the local grievances of the wind energy developers at
Generation Circle Ends, the SEs of Tirunelveli and Udumalpet are organizing monthly meetings with t
then and there.
3.32 TNERC-WHETHER COULD LIST MATTERS FOR HEARING:
3.32.1 When a challenge was made against the functioning of State Commissions without a Judicial p
directions as how the Commission should be constituted. Accordingly, on a
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judgement delivered on 12.04.2018, the Hon'ble Supreme Court directed
that the Chairman of the State Commission need not be a judicial person. However, it reiterated that
clarification order.
Relevant Circulars:
CIRCULAR No.45/2018-19 dated 11.07.2018 CIRCULAR No.51/2018-19 dated 09.08.2018 CIRCULAR
3.33 GENERAL COMMENTS ON ELECTRICITY MATTERS
3.33.1 Hence, I could state that the subject of electricity, windmills and other related matters, were
to strive against such matters for a successful result in the days to come.
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4. ISSUES RELATING TO LABOUR MANAGEMENT
4.1 PREPARATION OF HEALTH AND SAFETY POLICY FOR EACH MILL
4.1.1 According to Rule 62-B of Tamilnadu Factories Rules 1950, every factory has to formulate a He
suitably after contacting TASMA.
4.2 ON THE MATTER OF IMPLEMENTATION OF MINIMUM WAGES ACT,
1948 AT TEXTILE MILLS
4.2.1 The Government of Tamilnadu has issued a confi rmed Notification by Order in GO (2D) No.61
did not arose among our member mills.
4.2.2 Then the Government has revised the basic wage for apprentices from
Rs.110 to Rs.126.50 with effect from 04.09.2013 by issuance of GO (2D) No. 44 dated 05.08.2013. T
VDA of Rs.204.10 (Total Rs.330.60) per day for 2017-18.
4.2.3 Now, the Government has again revised the Basic Wages from Rs. 126.50
to Rs.261.00 to the apprentices, by the GO (2D) No.43 dated 19.04.2018 of Labour and Employment
has to be paid with Rs.427.40 per day (Basic @ Rs.261.00 + VDA @
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Rs.166.40) in spite of the strong objections filed by TASMA in this regard
when the Government issued the Preliminary Notification.
4.2.4 The following is the Table showing the rates of minimum wages and VDA
payable to apprentices in Textile mills during the respective periods.
Minimum Rates of Wages for Apprentices in Textile Mills
Sl.No. Basic Pay VDA (Rs.) Total (Rs.) With effect from
(Rs.)
1 110.00 - 110.00 07.11.2008
2 110.00 44.85 155.85 01.04.2009
3 110.00 60.72 170.72 01.04.2010
4 110.00 74.06 184.06 01.04.2011
5 110.00 113.85 123.85 01.04.2012
6 110.00 113.85 223.85 01.04.2013
7 126.50 113.85 240.35 05.08.2013
8 126.50 157.30 283.80 01.04.2014
9 126.50 172.40 298.90 01.04.2015
10 126.50 195.80 322.30 01.04.2016
11 126.50 204.10 330.60 01.04.2017
12 126.50 212.70 339.20 01.04.2018
13 261.00 166.40 427.40 16.05.2018
4.2.5 In respect of other categories of workers other than apprentices, there
was no Minimum Rates of Wages fixed by the Government so far. Hence, members should pay not le
01.06.2017.
4.2.6 As the Textile Industry was notified in the Schedule I to the Minimum
Wages Act, there is an obligation to maintain wages register and to issue wages slips as per Rule 27
obtained, for which suitable draft letters have been provided to the
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members. But however, most of our members are still silent on this
subject.
4.2.7 To track the record, in respect of fixing minimum rates of wages for other
than apprentices, members are informed that the Government has appointed an Advisory Committee
Relevant Circulars:
CIRCULAR No.74/2017-18 Dated 28.09.2017 CIRCULAR No.18/2018-19 Dated 18.05.2018
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4.3 MAINTENANCE OF RECORDS IN ELECTRONIC FORMAT:
4.3.1 After the enactment of Information Technology Act, 2000, all the forms and registers mandate
all members.
Relevant Circular:
CIRCULAR No.231/2011 Dated 19.07.2011
4.4 ADDITIONAL OPTION TO MAKE PAYMENTS TO DISH BY ONLINE
AND FORMS ALSO BY ONLINE:
4.4.1 At present, all fees payable to be Directorate of Industrial Safety and Health (DISH) are being
28.02.2018.
Relevant Circular:
CIRCULAR No.139/2017-18 Dated 03.03.2018
4.5 GOVERNMENT PROPOSES TO UPWARDLY REVISE THE LICENSE
FEES
4.5.1 By issuance of a Draft Notification through G.O. Ms. No.126, Labour and Employment (M2) dat
objections and suggestions were called for, TASMA provided detailed
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objections over the irrationality of increasing the license fee and however,
the matter is still pending. For the renewal of license for the year 2018, members have paid the fee o
depending up on the date of coming in to force of the revised fee.
Relevant Circular:
CIRCULAR No.50/2017-18 Dated 11.08.2017
4.6 NEW INSPECTION SCHEME FOR THE OFFICERS OF DISH:
4.6.1 Even though, the Government of Tamilnadu on the reason of implementing the scheme of Ease
it is going to be implemented is a matter to be wait and seen.
Relevant Circular:
CIRCULAR No.123/2017-18 Dated 19.01.2018.
4.7 CHANGES IN PAYMENT BONUS ACT:
4.7.1 Due to the amendments issued under the Payment of Bonus Act 1965, the wage ceiling to mak
taken as Rs.7000. Earlier, this limit was up to Rs.3500.
4.7.2 As the amendment to the Payment of Bonus Act was brought effective
from 01.04.2014 onwards retrospectively and due to the retrospective
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effect of the amendment, various challenges have been made at various
High Courts and the matters are still pending with Interim orders of stay.
Relevant Circulars:
CIRCULAR No.65/2015-16 Dated 24.12.2015 CIRCULAR No.71/2015-16 Dated 11.01.2016
4.8 AMENDMENTS TO FACTORIES ACT:
4.8.1 When various amendments are proposed to Factories Act 1948 under its various provisions, ou
to be passed as an enactment.
4.8.2 While, amendments to Factories Act 1948 were in process, now the
Government of India has decided to amalgamate all the existing Central Labour Laws in to Four Comb
 Code on Industrial Relations
 Code on Wages
 Code on Social Security
 Code on Safety, Welfare and Working Conditions
Accordingly, on 10.08.2017, the Government of India has presented the
Bill on Code on Wages before the Lok Sabha and TASMA has provided Section Wise comments on the
Relevant Circular:
CIRCULAR No.59/2017-18 Dated 04.09.2017
4.9 OBLIGATION UNDER INTER-STATE MIGRANT WORKMEN ACT
4.9.1 Due to the scarcity of labour in Tamilnadu, almost all the industries are now sourcing and empl
also is prevalent in all other industries like Construction, Hotel Industry
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etc. When the Government attempted to enforce the Inter State Migrant
Workmen Act, on such occasions, TASMA clarified that only when such other State workers are emplo
or not.
Relevant Circular:
CIRCULAR No.52/2016-17 Dated 09.08.2016
4.10 STAMPING OF WEIGHTS AND MEASURES
4.10.1 All the weights and measures kept in a factory are liable to be stamped / verified once in a ye
the declaration as circulated.
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Relevant Circular:
CIRCULAR No.126/2014-15 Dated 08.09.2014
4.11 FORMATION OF INTERNAL COMPLAINTS COMMITTEE UNDER
PRVENTION OF SEXUAL HARASSMENT LAW AND ALSO AS PER THE RECENT AMENDMENT IN
4.11.1 The Government of India has introduced a law in order to prevent Sexual Harassment in work
Complaints Committee in the following manner:
 Presiding Officer who shall be a woman employed at a senior level at workplace from amongst the e
 Not less than two Members from amongst employees preferably committed to the cause of women
 one member from amongst non-governmental organizations or associations committed to the cause
 At least one-half of the total members so nominated shall be women.
 The Presiding Officer and every Member of the Internal Committee shall hold office for not exceed
nomination.
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4.11.2 From the above, it could be seen that member from NGO is not the only
option. Even, a woman lawyer or a woman with adequate knowledge in Labour Law and practices, ca
& Redressal) Act, 2013, Tamilnad u Government on its part has introduced Rule 84-B which also mak
Central Act.
Relevant Circulars:
CIRCULAR No.181/2013-14 Dated 13.12.2013 CIRCULAR No.11/2017-18 Dated 27.04.2017
4.12 RULE 84-B WAS INTRODUCED IN TAMILNADU FACTORIES RULES
TO REGULATE EMPLOYMENT OF FEMALES DURING NIGHT HOURS
4.12.1 Employment of females beyond 7.00 PM and before 6.00 AM was prohibited under normal con
10.00 PM could be regulated. Against these restrictions, various women employees have challenged t
against the operation of Section 66(1)(b). When the stay orders
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continued, on 08.12.2000, the Hon'ble High Court issued its final order
declaring Section 66(1)(b) as unconstitutional and accordingly, struck down the Section of Law. In th
employment of females during night hours.
4.12.2 As per the New Rule introduced as Rule 84-B, the managements
employing female workers during night hours have to comply with the following mandatory provision
“84 B. Guidelines for the employment of women in night
shifts.-
(1) It shall be the duty of the occupier of a factory, to take all steps to
prevent the commission of the acts of sexual harassment in the factory;
(2) The occupier of a factory shall maintain a complaint mechanism in the factory itself and to dispos
(3) The women workers shall be allowed to raise the issue of sexual harassment in the workers’ mee
(4) The occupier of a factory shall take all necessary steps to assist the women workers affected by s
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(5) The occupier of a factory shall provide proper lighting in and around
the factory;
(6) The occupier of a factory shall ensure that women workers employed in night shift shall not be le
(7) The occupier of a factory shall provide sufficient women security at the entry and exit points and
(8) The occupier of a factory shall provide separate dining facility and separate safe transportation fro
(9) The occupier of a factory shall provide necessary medical facilities and also make these facilities a
(10) The occupier of a factory shall ensure that wherever the factory provides boarding and lodging f
(11) The occupier of a factory shall ensure that there shall not be less than twelve consecutive hours
(12) The occupier of a factory shall appoint not less than two women workers per night shift who sha
(13) Whenever there is any untoward incident, the occupier of a factory shall send a report to the Ins
(14) The occupier of a factory shall exhibit these guidelines in a prominent place so that the women w
(15) Adequate toilet with water facility, shall be provided to the women workers, conveniently situate
(16) Creche facility wherever needed, shall be provided to the women workers for the care of their ch
As all the 16 conditions have come in to force from 26.04.2017 onwards,
members have to make efforts to comply with them at their earliest.
Inspection of the Officials of DISH would focus on the compliance of the above conditions at each mil
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Relevant Circular:
CIRCULAR No.11/2017-18 Dated 27.04.2017
4.12.3 TASMA has organized a Workshop with the participation of Director of
Industrial Safety and Health, Chennai along with other Senior Officials of the DISH on 23.12.2017 at
benefitted.
4.13 REGULATION OF WOMEN’s HOSTELS
4.13.1 The Government of Tamil nadu has enacted a new Act for regulation of hostels in the State na
Already a detailed presentation was provided to members for their
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understanding of the obligations under the new Hostel Law and a
Workshop was also conducted on 24.10.2016 and again conducted on 31.08.2018 under the coordina
Relevant Circulars:
CIRCULAR No.18/2015-16 Dated 01.06.2015 CIRCULAR No.77/2016-17 Dated 14.10.2016
4.14 DEMONETIZATION AND THE EFFECTS ON HR AREAS
4.14.1 The Government of India has surprisingly announced its demonetization scheme on 08.11.20
Relevant Circulars:
CIRCULAR No.88/2016-17 Dated 10.11.2016 CIRCULAR No.110/2016-17 Dated 30.12.2016
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4.15 TIME LIMITS FIXED FOR PERFORMANCE OF DISH
4.15.1 Due to the trends now changed in the concept of Doing Ease of Business, the DISH also intro
Relevant Circular:
CIRCULAR No.37/2017-18 Dated 17.06.2017
4.16 TAMILNADU IE (N&FH) ACT TO BE AMENDED TO MAKE
PROVISIONS TO ISSUE ORDERS TO DECLARE ANY DAY AS HOLIDAY DUE TO PUBLIC EM
4.16.1 The Government of Tamilnadu has issued a Draft Notification in the TN Government Gazette t
Government can declare any Special Holiday due to public emergency.
4.17 PAYMENT OF WAGES ACT 1936 IS EXTENDED TO EMPLOYEES
DRAWING SALARY OF Rs.21000/PM.
4.17.1 The Government of India by its Notification has amended the applicability of Payment of Wag
Relevant Circular:
CIRCULAR No.57/2017-18 Dated 31.08.2017
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4.18 EPF AND ESI ADMINISTRATION AREAS
4.18.1 The Administration under EPF and ESI was now fully made online and all matters relating to e
it with UAN of employees suitably.
4.18.2 The increase of wage ceiling from Rs.6500 to Rs.15000 for EPF coverage
and Rs.21000 for ESI coverage, was very much complied with all members smoothly. Likewise, the h
instead of 20th.
Relevant Circulars:
CIRCULAR No.78/2015-16 Dated 11.02.2016 CIRCULAR No.43/2017-18 Dated 03.07.2017
4.19 MATERNITY LEAVE INCREASED FROM 12 WEEKS TO 26 WEEKS BY
AMENDING THE MATERNITY BENEFIT ACT AND ESI ACT
4.19.1 Hither to, Maternity Leave was provided to female employees to the extent of 12 weeks. The
Relevant Circular:
CIRCULAR No.123/2016-17 Dated 27.01.2017
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4.20 CONFUSION PREVAILED IN THE GARMENT INDUSTRY FOR EXACT
RATES OF MINIMUM WAGES
4.20.1 Revision of Minimum Rates of Wages for the Tailoring Industry was another area of concern i
the difference between tailoring and garment manufactory.
4.20.2 Accordingly, on this rationale, the Government also has now understood
the difference between the operations carried on in a Tailoring Industry and the Hosiery Industry and
smoothly.
4.20.3 Similar issue is also pending in respect of Home Textiles Industry, where
the Home Textile Industries are wrongly following the rates of Minimum Wages notified for Tailoring I
finally in to the Schedule to the Minimum Wages Act 1948, then the
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Government would constitute an Advisory Committee and accordingly, on
the recommendations of the Advisory Committee, the Government may fix separate rates of minimum
Notification.
Relevant Circulars:
CIRCULAR No.130/2017-18 Dated 12.02.2018 CIRCULAR No.19/2018-19 Dated 18.05.2018
5 ON TUFS AREA
5.1 The Ministry of Textiles has notified the new Amended TUFS (ATUFS) for implementation from 13
TUFS and they are kept outside the purview of Amended TUFS.
5.2 Earlier, the Textile Ministry has suspended the TUFS for some time and
accordingly, the scheme was not in operation from 29.06.2010 to 27.04.2011. From 28.04.2011 onw
without waiting for any progress for considering their loans under TUFS.
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5.3 Likewise, the case of members whose loans were not properly placed by
the banks for claiming TUFS subsidy in time and accordingly, such delay condonation cases were also
sources and however, no final result is able to be achieved.
Relevant Circular:
CIRCULAR No.93/2017-18 dated 07.11.2017
6 ISSUE OF RUNNING LICENSE TO MILLS, BY LOCAL AUTHORITIES
6.1 After the amendment of the Tamilnadu Panchayat Act 1994, in the year 1999 by the Act 19 of 19
slab of the fees.
7 CENTRAL EXCISE AND SERVICE TAX ADMINISTRATION
7.1 Even though, on the introduction of GST Act 2017, the following tax laws were subsumed to max
reported.
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 Central Excise Act 1944 and Rules 2016
 Service Tax and Rules
 CST Act 1956
 TN VAT Act 2006
7.2 TASMA was brought under the network of service tax on the services
relating to CLUBS/ASSOCIATIONS. This matter was contested. However, under protest, TASMA has s
GST Law also, such an exemption Clause is available to exempt Trade
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Unions from payment of GST. TASMA being an Employers’ Registered
Trade Union, would continue to have the benefit of not demanding and paying the GST.
7.3 IMPORT DUTY ON COTTON IMPORTS
7.3.1 The import duty on the import of cotton has remained at 5% till 08.01.2002. But however, all o
stayed orders of Madras High Court.
Relevant Circular:
CIRCULAR No.289/2012-13 Dated 29.01.2013
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7.4 PAYMENT OF SERVICE TAX ON COMMISSION AMOUNT PAID TO
OVERSEAS AGENTS
7.4.1 When the Government of India initially introduced the levy of Service Tax on the commission a
have to wait for the result of the Supreme Court of India.
Relevant Circular:
CIRCULAR No.124/2014-15 Dated 02.09.2014
8 VAT MATTERS
8.1 On a clarification petition filed by one of the non-member spinning mill, a clarification was issued
started issuing Reassessment Notices and started raising demands for the
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past periods considering that the Hank Yarn made out of other than cotton
fiber is liable for VAT and no exemption is available. Against such Assessment Notices, few of the me
the disposal of the Writ Appeal.
8.2 After the introduction of GST Act 2017, with effect from 01.07.2017,
purchase of HSD to fuel the DG sets through Inter State Purchase Mode by issuing C Form is not mad
DG sets can get similar directions by filing individual Writ Petitions.
Relevant Circular:
CIRCULAR No.59/2018-19 Dated 11.09.2018
8.3 The Assessment Officers in few cases have issued notices for the default
of not filing returns under TN VAT Act 2006 even after coming in to force of GST Act 2017. TASMA ha
Commercial Taxes is also represented all the matter to dispense with the
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TAMILNADU SPINNING MILLS ASSOCIATION
system of filing returns while the details are already filed through returns
under GST Act 2017.
9 GST REGIME:
9.1 The GST Regime has come in to force from 01.07.2017 and lot of changes are happening every n
and there to set right things.
9.2 TASMA has also organized a special meeting of members on 18.11.2017
and the Assistant Commissioner of Customs, Tuticorin was invited to make a presentation on the pro
in the meeting.
9.3 On a representation made before the Regional Advisory Committee, to
clarify whether payment of GST while Transport of Cotton is exempted, the Regional Advisory Commi
be paid on the freight charges under GTA services.
Relevant Circular:
CIRCULAR No.99/2017-18 dated 13.11.2017
ANNUAL REPORT 2017-18 86
TAMILNADU SPINNING MILLS ASSOCIATION
10 CAB AND CYAB
10.1 TASMA is a participating member both in Cotton Advisory Board (CAB) as well as Cotton Yarn A
members was extended till a New Committee is constituted.
10.2 The Minimum Support Price (MSP) of cotton was revised for the year
2017-18 as Rs.4020 for Medium Staple (Staple length (mm) 24.5-25.5 and Micronaire value of 4.3-5
(mm) 29.5-30.5 and Micronaire value of 3.5-4.3) respectively.
10.3 The following Table would show the trend of MSP on cotton for last several
years.
Table
Variety
Long Staple Medium Staple
Year (Rs./Quintal) (Rs./Quintal)
1998-99 1650 1440
1999-00 1775 1575
2000-01 1825 1625
ANNUAL REPORT 2017-18 87
TAMILNADU SPINNING MILLS ASSOCIATION
2001-02 1875 1675
2002-03 1875 1675
2003-04 1925 1725
2004-05 1960 1760
2005-06 1980 1760
2006-07 1990 1770
2007-08 2030 1800
2008-09 3000 2500
2009-10 3000 2500
2010-11 3000 2500
2011-12 3300 2800
2012-13 3900 3600
2013-14 4000 3700
2014-15 4050 3750
2015-16 4100 3800
2016-17 4160 3860
2017-18 4320 4020
2018-19 5450 5150
Note:
Long Stable : 3.5-4.3 Micronaire value
Medium Stable : 4.3-5.1 Micronaire value
http://zeenews.india.com/economy/msp-for-all-kharif-crops-of-2018-19- season-increased-here-is-th
Relevant Circulars:
CIRCULAR No.21/2018-19 Dated 22.05.2018 CIRCULAR No.62/2018-19 Dated 14.09.2018
11 LEVY OF INFRASTRUCTURE AND BASIC AMENITIES CHARGES (FOR
NEW OR EXPANDED CONSTRUCTIONS)
11.1 The Government of Tamilnadu by issuance of GO Ms. No.191 dated 01.06.2007 of Housing and
Madras. Thereafter, the fee structure was slightly modified and separate
ANNUAL REPORT 2017-18 88
TAMILNADU SPINNING MILLS ASSOCIATION
proceedings have been issued by Director of Town and Country Planning
on 14.06.2010. However, the matter has been again contested before the High Court and the High C
such.
11.2 It shall be noted that the Government has issued a GO as per GO
(Ms.)No.85 dated 16.05.2017 and accordingly, fixed the maximum and minimum rates for such build
raised within the slab.
ANNUAL REPORT 2017-18 89
TAMILNADU SPINNING MILLS ASSOCIATION
12 FOOD SAFETY AND STANDARDS ACT (FSSA):
12.1 The Government of India has enacted the Food Safety and Standards Act 2006 and accordingly
by the FSSAI.
12.2 Normally, according to the provisions of the FSSA, any exemption is only
for a maximum period of 5 years and however, this period of 5 years was subsequently amended as
licensing accordingly to avoid any repercussions in this regard.
ANNUAL REPORT 2017-18 90
TAMILNADU SPINNING MILLS ASSOCIATION
13 HANK YARN OBLIGATION
13.1 At present mills, packing cotton yarn for weaving other than export and hosiery yarns, are oblig
converted in to fabrics with in-house facilities.
13.2 Even TASMA suggested an idea that instead of meeting out the HYO by
paying high level of premium, a fair cess can be imposed on the shortage of HYO and the cess so coll
suggestion.
13.3 After the coming in to force of GST Regime, the exemption provided to the
Hank Yarn is withdrawn with effect from 01.07.2017. Hence, many of the mills manufacturing Hank Y
on the proposal of TASMA.
13.4 Those who are making in-house activities for reeling of hank yarn, can
avail the exemption of HYO directly. Those who are making hank yarn by job work by using the outsi
ANNUAL REPORT 2017-18 91
TAMILNADU SPINNING MILLS ASSOCIATION
ROTC by making a joint application along with the outside jobber. In
respect of mills packing fabric by conversion with in-house facilities are exempted from HYO to the ex
any exemption under HYO Scheme.
13.5 Filing of Hank Yarn Returns both monthly (MSR-A) and annual (ASR) is
changed and is now obligated to file it only through online. Members are requested to switch over to
13.6 In case of any difficulty in filing the returns, members may write a mail to
the Textile Commissioner Office, Mumbai to esbtxc-mum@nic.in under copy to TASMA.
Relevant Circulars:
CIRCULAR No.72/2017-18 Dated 28.09.2017 CIRCULAR No.84/2017-18 Dated 11.10.2017
13.7 Those mills having composite operations should register their mills as
Composite Mill with the Textile Commissioner, Mumbai and should get a Certificate from the Office of
%20Composite%20Textile%20Mills%20Certificate.pdf
14 TCS ON WASTE COTTON SALES
14.1 TASMA is in the consistent opinion that as waste cotton would not fall under the definition of “W
hereafter defer to collect TCS on the values of sale of waste cotton.
ANNUAL REPORT 2017-18 92
TAMILNADU SPINNING MILLS ASSOCIATION
15 MARKETING COMMITTEE MODIFIES THE PROCEDURE FOR
LICENSE:
15.1 By issuance of G.O. (Ms) No.69 Agriculture (AM.3) Department dated 14.03.2018, the procedur
have to go by the new procedures.
Relevant Circular:
CIRCULAR No.22/2018-19 Dated 22.05.2018
16 COMPLIANCE OF RPO
16.1 As per the TNERC Regulation on RPO, any OA consumer who sources power from other than no
a Rajasthan matter.
ANNUAL REPORT 2017-18 93
TAMILNADU SPINNING MILLS ASSOCIATION
16.2 At this scenario, the TNERC has revised the RPO percentage as follows.
Even though in the Draft Notification it was notified that the revision would be applicable only to TAN
above writ petition.
Sl.N Minimum Quantum of Minimum quantum of solar
o total renewable purchase renewable purchase obligation
obligation in in percentage out of the total
percentage. renewable purchase obligation
Year (in terms of energy in mentioned in column (3). (in
kWh) terms of energy in kWh)

(1) (2) (3) (4)


1 2015- 9.50% 0.50%
16
2 2016- 11.50% 2.50%
17
3 2017- 14.00% 5.00%
18
Relevant Circular:
CIRCULAR No.125/2017-18 Dated 22.01.2018
16.3 RPO TRAJECTORY AS NOTIFIED BY THE MINISTRY OF POWER:
16.3.1 The Ministry of Power has notified the RPO Trajectory as follows for the below years as per its
ANNUAL REPORT 2017-18 94
TAMILNADU SPINNING MILLS ASSOCIATION
Long Term 2018-19 2019-20 2020-21 2021-22
RPO
Trajectory
Non Solar 10.25% 10.25% 10.25% 10.50%
Solar 6.75% 7.25% 8.75% 10.50%
Total 17.00% 17.50% 19.00% 21.00%
Relevant Circular:
CIRCULAR No.30/2018-19 Dated 15.06.2018
16.4 FLOOR PRICE OF RECs
16.4.1 The Floor Price of RECs were earlier maintained at Rs.1500 for Non Solar RECs and Rs.3500 f
Relevant Circulars:
CIRCULAR No.3/2018-19 Dated 13.04.2018 CIRCULAR No.8/2018-19 Dated 25.04.2018
ANNUAL REPORT 2017-18 95
TAMILNADU SPINNING MILLS ASSOCIATION
17 ROOF TOP SOLAR POWER PROJECTS
17.1 Even through TASMA has identified suppliers for setting up of Roof Top Solar Power Projects for
14 of 2018.
Relevant Circular:
CIRCULAR No.64/2018-19 Dated 15.09.2018
18 SCBTS / SAMARTH
18.1 Members may be aware that TASMA has successfully done the project of ISDS for TASMA memb
in the new Scheme.
19 COST AUDIT
19.1 As textile industry is now included in the cost audit obligation, members can take note of the s
suitably for compliance.
ANNUAL REPORT 2017-18 96
TAMILNADU SPINNING MILLS ASSOCIATION
20 GROUP WHATSAPP FACILITY ACTIVATED FOR MEMBERS AND
EXECUTIVES
20.1 TASMA has activated 4 WhatsApp Groups for the instant and effective communication between
contacting TASMA for getting the information instantly.
21 ANNUAL ACCOUNTS OF THE ASSOCIATION
21.1 The Treasurer of our Association has already placed the Annual Accounts
of our Association for the year 2017-18, which was already audited by our Association Auditor and wa
CONCLUSION
I have not fully listed out all the various issues handled by our Association
during this year for want of time. I have just hinted out certain key issues alone. Besides to these iss
administration. The Textile industry is continuously facing problems either one
ANNUAL REPORT 2017-18 97
ficient notice on this Order and comply with the same suitably.

rs of TASMA have not paid the E-Tax amount and thereafter , by a judgment of the Division Bench, they regula

TN Electricity Ombudsman passed the order through its Memo No. CFC/REV/FC/REV/DFC/AS.3/REV/D. No.302
rrears, are eligible for refund. On the strength of the TANGEDCO HQ Memo as well as the TNEO Order, membe

n , to consume during day time and in peak hour also, due to the forced load shedding enforced by TANGEDCO

nal hearing. It seems that the CFC-Revenue has filed a petition before TNERC. After a long gap, the matter is st

windmill captive consumers were required to declare the energy that could be brought by windmill sources, nee

rcles, the BOAB Auditors have started issuing Audit Slips to collect T&D losses while units were redrawn from b

ny issue can close the Audit Objections with the strength of the order of TNEO. Further to the same, it seems th
(AMR) facility at all WEGs with effect from 01.07.2018 onwards. However, due to the large volume of WEGs at

d 30.06.2018

r that incomes from windmills are to be exempted for the selected period of 10 years, not convinced with the ju

ond hand windmills is not possible.

Budget for 2016-17, the Finance Minister has informed that the Accelerated Depreciation of 80% made availab

Order No.3 of 2016 dated 31.03.2016 and also by the Current Order dated 13.04.2018 in Order on Generic Ta

HDRAW THE BANKING FACILITY FOR FUTURE WEGs

TNERC in M.P.No.24 of 2016 and has sought for orders to,

11.2016.

posal in the admission stage itself. Hence, the TANGEDCO was ordered to webhost the copy of petition for the c

4, 2014-15 and 2015-16, there was no enough surplus wind energy units available as unutilized at the closure

ccount from the SE of the Consumption Circle by making an application.


s provided below to the SE of the Generation Circle.
Rs.4.16 without Accelerated Depreciation and Rs.3.70 when AD is claimed.

by registered post with acknowledgement due to the SE of Generation Circle under copy to SE of Consumption

years 2014-15, 2015-16 and 2016-17 are kept pending by TANGEDCO on the reason that the WEG captive use

 07.04.2018 CIRCULAR No.29/2018-19 dated 15.06.2018

CMD TANGEDCO curtailed the historical practice of Utility Changes for the WEGs selling their energy from Sale t

EYANCE ALL SUCH CHANGES


instruction /D.903/17 dated 30/31.03.2017, the CE NCES has introduced a New Wind Energy Accounting Syste

e Writ Petition at Madurai High Court [WP (MD) No.9320 of 2017] and got an order keeping in abeyance of the

MA, SIMA, IWPA and IWTMA are participating as members in the Task Force and are sitting to discuss about th

monthly meetings with the wind energy developers on 2 nd and 3rd Tuesdays respectively , at their jurisdiction, as

ions without a Judicial person as Chairman of the State Commissions, in a Batch of Transfer Petitions/Civil App
wever, it reiterated that any one of the members of the Commission should be a judicial person. Accordingly, w

 09.08.2018 CIRCULAR No.63/2018-19 dated 14.09.2018 CIRCULAR No.64/2018-19 dated 15.09.2018

related matters, were the strongest areas on which our Association was very much concerned during the entir

y has to formulate a Health and Safety Policy of its own and should make a report on the same to DISH. Most o

Order in GO (2D) No.61 dated 07.11.2008 of L&E Department by fixing the Minimum Wage for apprentices at R

44 dated 05.08.2013. The VDA payable was also revised from 01.04.2017 and hence, any management engag

abour and Employment Department and accordingly, each Apprentice


mbers should pay not less than the National Floor Level Minimum Wages which is at present fixed at Rs.176 pe

es slips as per Rule 27 (1) and 27(2) of the Minimum Wages (Tamilnadu) Rules 1953. To avoid this, an applica

an Advisory Committee to advise the Government in the matter of fixation of minimum rates of wages for othe

d 18.05.2018

and registers mandated to be maintained under any law, could be maintained in Electronic Format and accordi

ealth (DISH) are being collected by way of Treasury Receipts and Demand Drafts. Now the Government of Tam

d Employment (M2) dated 24.07.2017, the Government has notified its intention to revise the license fees upw

bers have paid the fee only at the existing rates. In case of the Government revising the fee, necessary differen

ing the scheme of Ease of Doing Business, has introduced a New Inspection Scheme, through the GO (Ms) No.
the wage ceiling to make an employee eligible to receive bonus, was increased from Rs.10000 to Rs.21000. Lik

d 11.01.2016

s various provisions, our Association has made detailed comments over the proposed amendments and after co

ur Laws in to Four Combined Codes as follows, to implement the recommendations of the Second Labour Comm

Wise comments on the New Code on Wages.

now sourcing and employing labour from other States particularly from Bihar, Orissa etc. This practice is seen

State workers are employed through any agent or contractor, the Act is liable to be enforced. When the employ

d / verified once in a year by the Stamping Inspector attached with the Labour Department of GoTN. The oblig

CENT AMENDMENT INTRODUCED TO TAMILNADU FACTORIES RULES UNDER RULE 84-B


ual Harassment in workplaces and accordingly, Sexual Harassment of Women at Workplace (Prevention, Prohib
ace from amongst the employees: (In case, a senior level woman employee is not available, the Presiding Offic
to the cause of women or who have had experience in social work or have legal knowledge;
committed to the cause of women or a person familiar with the issues relating to sexual harassment:

old office for not exceeding 3 years, from the date of their

r Law and practices, can be considered for nomination at such place. Including the enforcing agencies, most of
le 84-B which also makes it obligatory to form such Internal Committees and the Director of Industrial Safety a

ed 27.04.2017

ibited under normal conditions as per Section 66 (1)(b) of the Factories Act 1948. However, with the special pe
oyees have challenged the said provision before the Hon'ble High Court of Judicature at Madras and accord

he Section of Law. In the judgement delivered in the Batch matter, the Hon'ble Judge Mr.E.Padmanabhan has a

ng mandatory provisions.

tory itself and to dispose of the complaints in time bound manner with strict confidentiality, by constituting a co
ent in the workers’ meeting;
n workers affected by sexual harassment;

ght shift shall not be less than ten and not less than two third of the total strength of workers and one third of
try and exit points and sufficient work sheds for the women workers be employed in night shift;
e safe transportation from the factory premises to the nearest point of their residence to the women workers in
o make these facilities available at any time of urgency in case of injury or incidental acts of harassment, by pr
boarding and lodging for women workers, the same shall be kept exclusively for women and it should be unde
elve consecutive hours of rest between the last shift and the night shift whenever a woman worker is changed
per night shift who shall go round and work as Special Welfare Assistants;
send a report to the Inspector and Police Station concerned as well;
ace so that the women workers can be aware of their rights;
rs, conveniently situated and easily accessible containing all basic amenities and safety measures to the worke
s for the care of their children with care taker with all essential amenities”.

e conditions at each mills employing females during night shifts.

DISH on 23.12.2017 at Dindigul to highlight the importance of Rule 84-B and several member mills have partic

f hostels in the State namely, Tamil Nadu Hostels an d Homes for Women and Children (Regulation) Act 2014 a

2018 under the coordination of District Social Welfare Officer, Dindigul and few other NGOs like Peace Trust and

d 14.10.2016

on scheme on 08.11.2016 and accordingly, then existed Currency notes of Rs.1000 and Rs.500 denominations

ed 30.12.2016

ess, the DISH also introduced performance oriented due dates for approval of plans and grant / renewal of licen

AY DUE TO PUBLIC EMERGENCY.


N Government Gazette to seek enabling powers to declare any day as Public Holiday due to any Public Emergen

lity of Payment of Wages Act 1936 to employees drawing wages up to Rs.21000/PM. Earlier, its applicability w
all matters relating to enrollment, claim, payments etc., need to be administered only online. Regarding the EP

moothly. Likewise, the historical grace period of 5 days granted for remittance of EPF subscription up to 20 th of t

d 03.07.2017

xtent of 12 weeks. The Government of India by amending both ESI Act 1948 and Maternity Benefit Act 1961, in

nother area of concern in respect of few members of TASMA who were also having garment manufacturing acti

he Hosiery Industry and has now amended the GO issued for Hosiery Industry made applicable even for Knitwe

s notified for Tailoring Industries. On an effort taken in this regard, now the Government has announced its int

parate rates of minimum wages for the employees of the Home Textile Industry by following the due process o

ed 18.05.2018

mplementation from 13.01.2016 to 31.03.2022 on 13.01.2016 and accordingly, revised norms have been notif

. From 28.04.2011 onwards, the new Restructured TUFS has come in to force. Such of the loans sanctioned du

onation cases were also represented regularly as Committed Liability cases. Based on the representations, few
999 by the Act 19 of 1999, the powers to grant or renew license have been transferred from Panchayat Union

were subsumed to maximum extent, for the purpose of information, certain events happened in the Central Ex

r protest, TASMA has started paying the service tax from its reserves and also started collecting service tax fro

the GST.

2002. But however, all of a sudden, by a Notification No.2/2002 dated 08.01.2002, the Ministry of Finance, has

ax on the commission amount paid to overseas agents, TASMA challenged the matter on many grounds. Accord

clarification was issued by the Authority for Clarification and Advance Ruling that hank yarn made out of other

Notices, few of the member mills of TASMA have filed writ petitions and finally all the writ petitions have been

uing C Form is not made possible as the window to download C Form is always found closed in the TN CT Depa
ST Act 2017. TASMA has obtained detailed opinion and assisted such members in providing replies to such

s are happening every now and then in the matter of administration of GST including the rates of GST and on o

presentation on the procedures of getting refunds of GST paid on exports and accordingly, various members go

egional Advisory Committee has clarified that cotton being an agricultural produce, while transported, would be

s well as Cotton Yarn Advisory Board (CYAB) and is continuing to contribute to the objectives of the Boards. No

cronaire value of 4.3-5.1) and as Rs.4320 for Long Staple (Staple length (mm) 29.5-30.5 and Micronaire value
son-increased-here-is-the-complete-list-2122216.html

d 14.09.2018

6.2007 of Housing and Urban Development [UD4(2)] Department, has introduced a levy called Infrastructure D

h Court and the High Court has dismissed the Batch of Writ Petitions on 30.06.2011. Against this dismissal, few

um rates for such buildings and however, the actual fee payable would be assessed by the Government within

t 2006 and accordingly, the officials of the State Government from Health Department were notified as Authori

sequently amended as 8 years by a Notification issued in GSR No. 57(E) dated 13.01.2017 and based on the sa

hosiery yarns, are obligated to fulfill 40% of their production by hank yarn. In a market driven economy, TASM

HYO and the cess so collected can be utilized for the purpose of development of Hand Loom Weavers and Indus
s manufacturing Hank Yarn have now switched over to Cone Yarn due to the lesser acceptance in the market. T

work by using the outside infrastructure, should get the permission of

pted from HYO to the extent of fabric packed directly. However, when outside fabric conversion is made, such q

ested to switch over to the online system immediately if not done already.

o TASMA.

d 11.10.2017

icate from the Office of the Textile Commissioner in this regard. Therefore, Composite Mills of TASMA can apply

nder the definition of “Waste or scrap” as defined under Section 206–C of Income Tax Act 1961, obligating colle

.03.2018, the procedures to obtain license from Marketing Committee were modified and accordingly, new pro

wer from other than non-renewable sources and TANGEDCO, shall comply with 9% RPO and accordingly, this o

applicable only to TANGEDCO, on the final Notification, it was made applicable to all. Hence, a clarification was
e below years as per its communication No.23/03/2016-R&R dated 14.06.2018. However, in order to implemen

lar RECs and Rs.3500 for Solar RECs. However, the CERC has reduced the prices commonly as Rs.1000/REC w

5.04.2018

Solar Power Projects for TASMA members, due to the Regulatory issues, the TANGEDCO is not providing any cle

ISDS for TASMA members and made the benefits extended to all the participating mills. On the closure of the

s can take note of the same and can comply with the cost audit provisions
ommunication between members and TASMA. For members, the group is in the name and style of “TASMA PER

sociation Auditor and was already circulated to all our members.

ne. Besides to these issues, so many individual issues faced by several mills, have been fully handled by TASM
sion Bench, they regulated the payments during the year 2006. Accordingly, all the members of TASMA who en

C/AS.3/REV/D. No.302/16 dated 23.11.2016. Hence,


he TNEO Order, members who have paid BPSC on E-Tax arrears for the period prior to or after 01.09.2004 can

enforced by TANGEDCO for several hours on each day and also during peak hours, they are not able to consum

ng gap, the matter is starting to get listed and

y windmill sources, need to declare in advance and accordingly quota was provided based on such advance de

ts were redrawn from banking accounts. Even though in all Circles, T&D losses have already been collected on

o the same, it seems that the CFC-Revenue is in the process of issuing instructions shortly to close all su
rge volume of WEGs at Tirunelveli Generation Circle, the project was not able to take off in time as planned an

ot convinced with the judgment, the IT Department has gone for appeal by filing SLPs and Civil Appeals at Sup

n of 80% made available hither to WEGs and Solar

in Order on Generic Tariff for Wind Power and Related Issues in Order No. 6 of 2018, windmills are also obliga

opy of petition for the comments of all stakeholders. On webhosting the matter, TASMA filed heavy objections

nutilized at the closure of the respective Financial Years, as the total generation itself was low to the extent of
y to SE of Consumption Circle.

hat the WEG captive users have not undergone the verification of CGP status. In such cases, few members have

heir energy from Sale to Board to change it for Captive Consumption. As there was no common cause of action

nergy Accounting System and attempted to change the Wind Energy Accounting, which was being followed hith

ping in abeyance of the Circular of the CE NCES and directing the CE NCES to approach TNERC on this matter.

ting to discuss about the grievances relating to wind energy

at their jurisdiction, as per the directions provided by the CE NCES in Memo No. CE/NCES/EE/WPP/AEE3/ F. G

sfer Petitions/Civil Appeal No. 14697 of 2015, the Hon'ble Supreme Court of India has delivered a lengthy judg
person. Accordingly, when the TNERC was found with no judicial person either as Chairman or as Member of th

ted 15.09.2018

cerned during the entire year, as done during in all these years. Few of the matters were successfully handled

e same to DISH. Most of the mills have filed this policy with the Director of Industrial Safety and Health / Chief

ge for apprentices at Rs. 110 per day with applicable VDA. First time, VDA was notified at Rs. 44.85 per day fro

ny management engaging apprentices at their mills, is under obligation to pay minimum basic wage at Rs. 126
ent fixed at Rs.176 per day with effect from

o avoid this, an application needs to be filed under Rule 27-A before the Director of Industrial Safety and Healt

rates of wages for other categories, first in GO (Ms) No.73 dated 22.04.2010 without the Chief Advisor of TASM

onic Format and accordingly, the enforcing authorities have to accept the same in lieu of the manual format. In

he Government of Tamilnadu has issued a GO providing option to make payments through online also, in addit

se the license fees upwardly almost doubling it. When

fee, necessary difference of fee has to be paid

rough the GO (Ms) No.134 dated 03.08.2017 of Labour and Employment (M2) Department, the Director of Ind
10000 to Rs.21000. Likewise, in the case of employee whose wage exceeds Rs.7000 per month, the bonus pay

mendments and after considering the same, the Factories (Amendment) Bill 2014 is placed before the Parliamen

e Second Labour Commission.

c. This practice is seen not only in the Textile Industry but

rced. When the employer employs the other State workers directly in their rolls without the involvement of

ent of GoTN. The obligation of Stamping Compliance will be verified by the Officials of the State Labour Depart

lace (Prevention, Prohibition & Redressal) Act, 2013 was enacted. Subsequently the Rules were also framed an
able, the Presiding Officer shall be nominated from other offices or administrative units of the workplace.)

l harassment:

rcing agencies, most of the stakeholders are of the wrong notion that NGO alone should represent such Interna
or of Industrial Safety and Health has clarified that appointment of member from NGO is only optional and not

ver, with the special permission of the Government, employment of females between the hours of 7.00 PM and
at Madras and accordingly, obtained stay orders

r.E.Padmanabhan has also directed the Central and State Governments to bring new legislations based on the j

ity, by constituting a complaint committee which shall consist of such members, headed by a woman familiar w

orkers and one third of the Supervisors / Shift In-charge / Foremen shall be women; as well;

o the women workers in night shift;


s of harassment, by providing necessary telephone connections;
n and it should be under the control of women wardens or supervisors;
man worker is changed from day shift to night shift and from night shift to day shift;
measures to the workers;

ember mills have participated in the Workshop and got

(Regulation) Act 2014 and the Rules have also been notified on 21.02.2015. Accordingly, 6 months’ time was a

Os like Peace Trust and SAVE .

Rs.500 denominations were declared as invalid and ordered to be exchanged. In continuation of the scheme, t

grant / renewal of licenses and other obligations performed by the DISH. Accordingly, now the plan approvals

to any Public Emergency by introducing LA Bill No. 26 of 2017 in the TN State Assembly on 13.07.2017 and n

rlier, its applicability was limited only to employees drawing wages up to Rs.14000/PM. However, it will not hav
nline. Regarding the EPF, obtaining of UAN is very much required and members would have already complied w

bscription up to 20 th of the month, was withdrawn and the due date was made on 15 th without any grace period

nity Benefit Act 1961, increased the leave period from 12 weeks to 26 weeks.

ent manufacturing activities in addition to spinning. But historically, the rates announced / revised for the emp

plicable even for Knitwear Industry also whether it is for export or for domestic vide GO (2D) No.11 Labour and

t has announced its intention to include the Home Textile Industry separately to the Schedul e to the Minimum

wing the due process of law in due course. As of now, the Home Textile Industry is not covered under the Minim

norms have been notified by dropping the scheme of subsidy for reimbursement of interest. Now, only capital

he loans sanctioned during the suspended period (Black-out period) of TUFS was continuously represented for

e representations, few of our member mills falling under delay condonation cases, were able to get included th
from Panchayat Union Commissioners to the respective Village Panchayats. This procedure is not being implem

pened in the Central Excise, Service Tax Regime s are

ollecting service tax from members from 01.04.2010 onwards. In this connection, for the earlier periods, TASM

Ministry of Finance, has increased this import duty from 5% to 10% with effect from 09.01.2002 (Now the duty

n many grounds. Accordingly, an interim stay order was issued by Madras High Court in WP No. 3000 of 2006 o

yarn made out of other than cotton yarns would be liable for payment of VAT. Based on the same, the Assessin

rit petitions have been dismissed by a Common Order dated 13.12.2017 by the Hon'ble High Court of Judicatu

osed in the TN CT Department Portal. However, few individual industries have challenged the same by filing ind
iding replies to such notices. The Commissioner of

e rates of GST and on other such areas. Members are being updated with all changes then and there by mails a

y, various members got benefitted by participation

transported, would be exempted from the payment of GST and therefore, while transporting cotton, no GST n

ctives of the Boards. Nowadays, no activities are happening in CYAB and even the CAB is divided in to a Consul

.5 and Micronaire value of 3.5-4.3) respectively. For the year 2018-19, the Minimum Support Price (MSP) of co
y called Infrastructure Development and Basic Amenities Charges on new construction/additional construction o

ainst this dismissal, few of our members have filed writ appeals before the Division Bench and accordingly, the

the Government within the slab of the maximum / minimum rates through an assessment order issued in this r

were notified as Authorities to enforce the FSSA. Along with other Associations, TASMA moved an exemption to

17 and based on the same, TASMA was expecting that the exemption would be continued even beyond 04.08.

driven economy, TASMA considers that such an obligation is against the total policy of liberalization. Hence, TA

om Weavers and Industry. However, this is not found acted even though all Textile Associations welc
ptance in the market. Therefore, even by paying a high premium rate, transfer of HYO is not able to be achiev

version is made, such quantum is not entitled for

Mills of TASMA can apply for the Certification by filing the details through the link provided below http://txcind

ct 1961, obligating collection of TCS on the sale of waste cotton is not possible. The ITAT as well as the High Co

d accordingly, new procedures are introduced to get license from Marketing Committees. To deal with waste co

and accordingly, this obligation can be off-set by buying of suitable RECs. Since power cut / R&C measures we

ence, a clarification was filed before TNERC for seeking Erratum to the Notification and no clarification was prov
r, in order to implement the same, a Notification from TNERC is required for the State of Tamilnadu.

only as Rs.1000/REC whether it is Solar or Non Solar. This was challenged by IWPA at APTEL, New Delhi and a

is not providing any clearance to such projects in the recent days. It has also filed a clarification petition before

s. On the closure of the ISDS, now the Government of India is bringing out a new Scheme called SCBTS (SAMA
nd style of “TASMA PERFORMERS”. It has two groups and so far 466 members have enrolled with this group. Fo

fully handled by TASMA, to the entire satisfaction of the mills concerned. With these few words, I express my
members of TASMA who enjoyed stay orders, have repaid the E-Tax arrears in 12 installments as granted to T

to or after 01.09.2004 can claim back the

hey are not able to consume their own available energy. However, such a situation has resulted in to levy of ex

based on such advance declarations. When the windmill captive consumers failed to inject the so proposed en

already been collected on the net of wind energy exported, due to the wrong illustration, such audit slips were

ns shortly to close all such Audit


e off in time as planned and scheduled. However, TASMA feels that it would take off very shortly before the en

Ps and Civil Appeals at Supreme Court. A Batch of SLPs came for hearing on 05.09.2016 were all dismissed. Ac

8, windmills are also obligated for harmonic controls. Since, windmills are generators, there is no exemption av

SMA filed heavy objections quoting various legal provisions and factual matrix as how banking was not detrime

elf was low to the extent of more than 40-60%. However, the evacuation of wind energy was found increased t
h cases, few members have filed individual WPs and accordingly, based on the Court orders, the pending amou

no common cause of action available to TASMA to challenge this proceedings, one of our members challenged

hich was being followed hither to historically in an aggregate manner of combining all WEGs and ordered to do

ach TNERC on this matter. Because of it, the WEG owners are again permitted to follow the system they have b

E/NCES/EE/WPP/AEE3/ F. Grievance/D. 2021/17 dated 06.09.2017. Hence, members are advised to avail this o

has delivered a lengthy judgement providing


hairman or as Member of the Commission, the Government of Tamilnadu / TANGEDCO objected the listing of h

were successfully handled and few of the matters are still pending before the High Court/TNERC/APTEL/Supre

al Safety and Health / Chief Inspector of Factories and accordingly, complied with the provisions of law, based o

ied at Rs. 44.85 per day from 01.04.2009 onwards. As none of the member mills of TASMA are engaging appre

mum basic wage at Rs. 126.50 +


Industrial Safety and Health / Chief Inspector of Factories and accordingly, necessary exemption needs to be

ut the Chief Advisor of TASMA as Member in the Committee. Thereafter, by an amendment issued in GO (Ms) N

u of the manual format. In this connection, TASMA has obtained suitable clarification from Director of Industri

hrough online also, in addition to payments by Treasury Receipt and Demand Drafts. Likewise, filing of Forms,

rtment, the Director of Industrial Safety and Health has to come forward to adopt the New Inspection Scheme
0 per month, the bonus payable to such employee shall be calculated as if his wage is pecked at Rs.7000. It me

placed before the Parliament and is still pending

without the involvement of any agent or contractor, then such worker will become a regular worker only and th

of the State Labour Department. By a clarification issued by the Director of Legal Metrology, the weights and m

Rules were also framed and came for enforcement from 09.12.2013 onwards. According to the obligation mad
nits of the workplace.)

ould represent such Internal Compliant Committee which is a wrong understanding of the law. The authority fo
GO is only optional and not mandatory. This clarification goes in consistence with the provisions of the

en the hours of 7.00 PM and

w legislations based on the judgement for ensuring safety and security of women at workplaces during night ho

aded by a woman familiar with the issues of sexual harassment and not less than half of its members should be
ingly, 6 months’ time was allowed to comply with the provisions and TASMA has advised all the members havin

ntinuation of the scheme, the Government also wanted all payments to be made only through electronic mode.

ly, now the plan approvals and grant and renewal of licenses have to be completed within Thirty Days of receip

mbly on 13.07.2017 and notified the same in the Gazette on 13.07.2017. Subsequently the amendment was c

PM. However, it will not have any impact on EPF and ESI matters. This will have obligations on wages register
uld have already complied with the requirement. Further, now seeding of Aadhar details with UAN is made man

5 th without any grace period by withdrawing the historical concession. Likewise, the grace period of 5 days allow

unced / revised for the employees of tailoring industry have been innocently followed for the employees of the

GO (2D) No.11 Labour and Employment (J1) Department dated 06.02.2018 and a long pending issue was sort

e Schedul e to the Minimum Wages Act 1948 and accordingly, notified the GO (2D) No.43 Labour and Employm

not covered under the Minimum Wages Act 1948 until the Schedule notified comes in to effect by a confirmed

interest. Now, only capital subsidy is available and the scheme of interest subsidy is dispensed with. For the st

ntinuously represented for inclusion for eligibility under TUFS by TASMA and other Associations. This problem w

were able to get included their loans under TUFS. The Textile Ministry has permitted the online registration of d
cedure is not being implemented in many areas. Hence, member mills have to apply and obtain / renew licens

or the earlier periods, TASMA has received a show cause notice and is contesting the issue suitably. Since, TAS

09.01.2002 (Now the duty is fully withdrawn). Hence, our Association has filed a writ petition seeking an orde

t in WP No. 3000 of 2006 on 03.02.2006 and accordingly, the payments were deferred. The matter came for fi

d on the same, the Assessing Authorities have

n'ble High Court of Judicature at Madras. Against this order, one of our member mills has filed a Writ Appeal be

enged the same by filing individual writ petitions and accordingly, directions are being issued to allow to downlo
s then and there by mails and WhatsApp messages and the Notifications are being communicated to them with

nsporting cotton, no GST needs to

AB is divided in to a Consultative Committee and CAB and therefore, the importance and inputs of stakeholders

m Support Price (MSP) of cotton was revised as Rs.5150 for Medium Staple (Staple length (mm) 24.5-25.5 and
on/additional construction of factory buildings at the rate of Rs. 150 per Square meter. On a petition filed by so

Bench and accordingly, the Division Bench has ordered to pay 50% of the amount and granted stay orders for

sment order issued in this regard. If any person fails to make the payment within thirty days, an interest of 15

MA moved an exemption to comply with the provision with the Government of India and accordingly, the Gover

tinued even beyond 04.08.2016 also and however, no official information is provided. Therefore, as of now, the

y of liberalization. Hence, TASMA was consistently representing this matter with the Authorities for total abolitio

Textile Associations welcomed this


YO is not able to be achieved as there is no sufficient quantum of excess HYO available as was available earlier

ovided below http://txcindia.gov.in/html/Modified%20Guidelines%20for%20issue%20of

ITAT as well as the High Court have confirmed the opinion and accordingly, members while selling waste cotton

ttees. To deal with waste cotton, such licenses are required and therefore, members dealing with waste cotton

wer cut / R&C measures were strongly enforced from 01.11.2008 to 04.06.2015 (except from 01.06.2014 to 22

nd no clarification was provided by TNERC. Therefore, TASMA has filed a writ petition before the Hon'ble High C
ate of Tamilnadu.

at APTEL, New Delhi and a stay order was provided by the Hon'ble Supreme Court, as the APTEL was reluctant

a clarification petition before the TNERC and on that score, the CE NCES is not providing any approvals for the R

cheme called SCBTS (SAMARTH) Scheme for Capacity Building for Textile Sector. Accordingly, TASMA was offici
enrolled with this group. For the Executives of members, TASMA is operating two groups in the name and style

e few words, I express my sincere thanks, for having assembled into a great gathering here today. With your w
nstallments as granted to TASMA members by the communication No. CFC/Gl/FC/Rev/AO/Rev/D.No.826-3/200

has resulted in to levy of excess demand charges to certain consumers, while they calculated the equivalent de

o inject the so proposed energy / advance declared energy, TANGEDCO was levying penalty for such failures to

ation, such audit slips were issued. When the representation to CFC-Revenue was not considered, TASMA has
f very shortly before the end of this financial year. On implementing AMR facility to all WEGs, long waiting to g

2016 were all dismissed. Accordingly, the other Civil Appeals filed on the same grounds were also dismis

s, there is no exemption available under the relevant CEA Regulation. Hence, all windmills have to keep the ha

w banking was not detrimental to TANGEDCO. Accordingly, the TNERC has passed an order on 13.03.2018 in M

ergy was found increased to fair levels during the years 2016-17 and 2017-18 and therefore, many of the mem
t orders, the pending amounts were allowed for adjustment against their future CC bills. In respect of 100% ow

of our members challenged the same before the Madurai High Court and got a stay order on the operation of th

ll WEGs and ordered to do it by EWA Wise / WF HTSC No. Wise. This has created strong confusions in Wind

low the system they have been following historically. This order of the Hon'ble High Court was not anyway

s are advised to avail this opportunity and can attempt to redress their local grievances
CO objected the listing of hearings by TNERC when some matters were listed for hearing on 06.07.2018 throug

Court/TNERC/APTEL/Supreme Court for suitable disposal. The status of pending matters could be seen in Ann

e provisions of law, based on the draft policy as provided by our Association. As several new members have jo

TASMA are engaging apprentices at their mills, consequent on the implementation of power cut and restriction
ry exemption needs to be

dment issued in GO (Ms) No. 18 dated 24.01.2011, the Chief Advisor of TASMA was included in the Committee

n from Director of Industri al Safety and Health / Chief Inspector of Factories and communicated it to

s. Likewise, filing of Forms, Returns etc., have also be provided with an option to file through online. This has b

he New Inspection Scheme yet. The features of the scheme was beneficial to every industry and however, whe
is pecked at Rs.7000. It means that when the wage of an employee goes even beyond Rs.7000 and however,

regular worker only and the Act is not enforceable in such cases. However, the officials of DISH based on an op

etrology, the weights and measures exclusively used for internal purposes, which enjoy no commercial implica

rding to the obligation made under the Rules, each management employing female workers has to form an Inte
of the law. The authority for enforcement as who should verify the compliance of the Act / Rules, has not yet b
e provisions of the

workplaces during night hours. Accordingly, after several years, during 2017, Rule 84-B was introduced by the

alf of its members should be women besides a non- governmental organization’s representation;
vised all the members having the hostels to apply for license with the District Collector concerned by making an

y through electronic mode. As a part of the scheme, even the payment of wages to workers was ordered to be

within Thirty Days of receipt of application with the officials of DISH.

ently the amendment was confirmed and the Act was renamed as TNIE (National, Festival and Special Holidays)

igations on wages register and wages slips only.


tails with UAN is made mandatory. Now, facilities are extended through Help Centers to alter and modify the de

grace period of 5 days allowed for payment of ESI contributions was also withdrawn and for ESI contributions a

d for the employees of the hosiery manufactory also with no relevance. Only by a wrong interpretation and by

ong pending issue was sorted out

No.43 Labour and Employment (J1) Department dated 19.04.2018 calling for objections and suggestions to inc

n to effect by a confirmed

s dispensed with. For the stand alone spinning mills, there is no scheme available in the Amended

Associations. This problem was existing in respect of 77 member mills. However, the Government is not found i

the online registration of details in such cases. The Ministry of Textiles has appointed an Agency to deal with th
y and obtain / renew license only from the village panchayat to run the mills which is due during every Februar

e issue suitably. Since, TASMA was registered as a Trade Union of Employers also under the Indian Trade Union

rit petition seeking an order to quash the Notification. Accordingly, the Court has stayed the operations of the

red. The matter came for final disposal on 19.08.2014 and accordingly, the First Division Bench of Madras High

s has filed a Writ Appeal before the Division Bench of Madras High Court and on payment of 1/3 rd of the deman

ng issued to allow to download C Form in such cases where Inter State Purchase of HSD is intended. Hence, tho
communicated to them with comments then and there. However, still there are certain areas which need to be

e and inputs of stakeholders are not keenly taken consideration. Government of India is also not keen in condu

ength (mm) 24.5-25.5 and Micronaire value of 4.3-5.1) and as Rs.5450 for Long Staple (Staple length
er. On a petition filed by some Associations, the matter went up to the Supreme Court and the Supreme Court

nd granted stay orders for the balance of 50%. When the matter was decided finally on 13.08.2013, the Divisi

irty days, an interest of 15% will be added to the demand. Even after 90 days, if the demand is not found paid

and accordingly, the Government was periodically exempting the enforcement of the FSSA 2006 as far as the

d. Therefore, as of now, the FSSA is applicable to all factories wherein food stuffs are handled and accordingly,

Authorities for total abolition of HYO or at least to reduce the percentage. However, on political reasons and on
able as was available earlier. Due to this difficulty, TASMA represented the Textile Commissioner to extend the

rs while selling waste cotton may

s dealing with waste cotton

cept from 01.06.2014 to 22.09.2014), most of our members have opted for sourcing private power, either und

on before the Hon'ble High Court of Judicature at Madras (WP No.4913 of 2017) and the matter needs to be fin
as the APTEL was reluctant in providing any interim stay. However, on a subsequent development, the Suprem

ding any approvals for the Roof Top Solar Projects. Hence, unless the matter gets challen ged before the Hon'b

cordingly, TASMA was officially invited for presentation to present the scheme before the Ministry of Textiles on
oups in the name and style of “TASMA EXECUTIVES” and so far 503 Executives were included in the group. All

ng here today. With your whole-hearted participation, I feel that we will achieve more and more in the days to
ev/AO/Rev/D.No.826-3/2006 dated 09.10.2006 of the Chief Financial Controller–Revenue of TANGEDCO. For th

calculated the equivalent demand. This matter has been heavily contested as 13(f) Batch matter before High C

penalty for such failures to supply the declared energy. Finally, the matter was settled at APTEL that the quo

ot considered, TASMA has


all WEGs, long waiting to get generation statements, would not be there and CC bills will be served in time due

grounds were also dismissed

ndmills have to keep the harmonic levels within the notified limits. However, TASMA has made a sample study

n order on 13.03.2018 in MP No. 24 of 2016 and has disposed the petition of the TANGEDCO and accordingly,

herefore, many of the members were able to accrue heavy unutilized banked units as on 31.03.2017/31.03.20
bills. In respect of 100% owned windmills, even though the TANGEDCO has issued instructions to make the en

order on the operation of the proceedings on 04.08.2017 in WP (MD) No.14580 of 2017. However, the Miscellan

rong confusions in Wind

Court was not anyway


aring on 06.07.2018 through the Ld. Additional Advocate General. Based on the objections, all the hearings we

tters could be seen in Annexure VIII to this report. I hope that the Association would continue

eral new members have joined with TASMA now, they are requested to comply with this obligation

of power cut and restrictions, the question of payment of Minimum Wages to apprentices
s included in the Committee and however, the Committee was not able to submit the report within the time lim

ommunicated it to

e through online. This has been coming in to effect through GO Ms.No.15 dated 31.01.2018 of Labour and Em

industry and however, when


ond Rs.7000 and however, below Rs.21000, for the purpose of calculation of bonus, his wage needs to be

ials of DISH based on an opinion obtained from a Government Pleader are pressing for taking out a registration

njoy no commercial implications, were exempted from Stamping obligations and accordingly, TASMA has advise

workers has to form an Internal


e Act / Rules, has not yet been notified properly. Hence, TASMA is advising members to form a Committee as p

84-B was introduced by the Government of Tamilnadu to the Tamilnadu Factories Rules 1950, exclusively to de

resentation;
or concerned by making an application in Form No. I, with a Demand Draft for Rs.3000. As a precondition, the

workers was ordered to be made only by crediting the wages in bank accounts. However, quoting the provisio

stival and Special Holidays) Act 1958 by TN Government Gazette No.261 dated 07.08.2017 and now the
s to alter and modify the details in the Aadhar and therefore, members can use such facilities to alter the detai

and for ESI contributions also the due date was revised as 15 th of succeeding month

rong interpretation and by mistake of facts, the hosiery industries were following the minimum wages fixed for

tions and suggestions to include the Home Textile Industry under the Schedule to the Minimum Wages Act 194

the Amended

Government is not found inclined to include the cases of loans sanctioned during the black-out periods. Hence

ed an Agency to deal with this matter and the Agency is collecting the data from various
s due during every February. Therefore, the licenses are not to be obtained from the Panchayat Union Councils

nder the Indian Trade Unions Act, 1926, TASMA is availing the exemption for service tax and accordingly, no se

ayed the operations of the new notification and our members have cleared the imported cotton only by paying

ision Bench of Madras High Court decided the matter in our favour. Payment of service tax up to 18.04.2006 w

ment of 1/3 rd of the demand, the Assessment Notices have been stayed. Quoting the provision under Section 2

HSD is intended. Hence, those members having difficulties in getting C Forms to supply to the Oil Companies to
ain areas which need to be further represented on matters like getting refunds on exports, getting inclusion of

a is also not keen in conducting the CAB meetings once in a quarter as it was originally designed. The last mee

aple (Staple length


urt and the Supreme Court of India has remanded back the matter to High Court,

y on 13.08.2013, the Division Bench however, upheld the system of the law to make levy. The quantum of levy

e demand is not found paid, then the Government would levy 18% interest over the demand. Therefore, any m

e FSSA 2006 as far as the licensing provisions are concerned. The last exemption was granted during August 2

e handled and accordingly, members are advised to take registration and licenses from the State FSSA Author

on political reasons and on the reasons of vested interested groups, such proposals are not considered. Now,
ommissioner to extend the HYO or reduce the percentage considering the new environment of GST Regime. Ho

g private power, either under third party purchase schemes through IEX etc,. or through group captive method

the matter needs to be finally ordered by the Division Bench, as it is a challenge on Notification. The following
t development, the Supreme Court again modified the order to the extent that the REC prices would however b

hallen ged before the Hon'ble High Court for a direction, taking forward the Roof Top Solar Projects would be di

e the Ministry of Textiles on 13.09.2018 and is expected to get sanctioned to implement the scheme with the w
e included in the group. All-important communications are being spared through WhatsApp then and there. As

ore and more in the days to come, in all the areas of our mills’
venue of TANGEDCO. For the alleged delayed payment of E-Tax arrears, the TANGEDCO has collected BPSC at

Batch matter before High Court first and thereafter the matter was remanded back to TNERC. On an interim ord

ttled at APTEL that the quota once provided cannot be altered, even when the wind energy captive consumer fa
s will be served in time due to the linking of this facility even with Consumption

has made a sample study with few of the WEGs and found that the harmonic levels are fully under control. He

ANGEDCO and accordingly, no orders have been passed. However, the banking facility was removed to new WE

as on 31.03.2017/31.03.2018. They have to be encashed at 75% rate of the Preferential Tariff rate fixed for th
nstructions to make the encashment to happen based on such Court orders, after verifying the captive norms,

017. However, the Miscellaneous Petition for seeking the Utility Change, is still pending without acting up on it
ections, all the hearings were deferred by TNERC. However, again when TNERC listed some matters for hearing

ould continue

this obligation
e report within the time limit prescribed. Then the tenure of the Committee has expired. Again by GO. (Ms) No.

1.2018 of Labour and Employment Department with effect from


his wage needs to be

for taking out a registration certificate under the Act and accordingly, when TASMA thought of filing a writ peti

ordingly, TASMA has advised its members to send a declaration to the authorities listing out such weights and
s to form a Committee as per the above standards and can keep the proceedings recorded by way of a minute

les 1950, exclusively to deal with the employment of females during night hours. The Government of Tamilnad
000. As a precondition, the license granted by Tahsildar under the Public Buildings Act along with other approv

wever, quoting the provision that was existing in the Payment of Wages Act 1936 over the way the payment of

08.2017 and now the


h facilities to alter the details in the Aadhar and accordingly, they can seed

e minimum wages fixed for tailoring industry for no reason at all. However, on a clarity, TASMA attempted to fi

e Minimum Wages Act 1948. Once, the Home Textile Industry is brought

he black-out periods. Hence, such of the mills got their loans sanctioned during the black-out periods, can close
e Panchayat Union Councils. However, the approval of plans and other formalities need to be processed throug

e tax and accordingly, no service tax is being collected from the members from 01.04.2011 onwards. When the

rted cotton only by paying 5% import duty during those occasion. This matter was finally decided in our favour

vice tax up to 18.04.2006 was totally set aside. Hence, members of TASMA are not liable to pay service tax on

he provision under Section 23 Read with Rule 8(7) of the TN VAT Act 2006 and Rules 2006, now the remaining

ply to the Oil Companies to procure HSD through Inter State Mode to fuel the
xports, getting inclusion of tax paid on closing stock held as on 30.06.2017, refund of accumulated introvert du

ally designed. The last meeting was conducted on 16.06.2018 and this was the second meeting for 2017-18. N
e levy. The quantum of levy has however been remanded back to Single Judge for a decision. There were two o

e demand. Therefore, any member making any new construction or expanding the existing construction should

as granted during August 2016 and it was valid up to 04.08.2016 by a Memorandum issued on 30.05.2016. Ho

rom the State FSSA Authorities without fail. However, it is seen that even though there was no exemption avai

s are not considered. Now, the Hosiery yarn, PSF/VSF yarn and the yarn packed for export, are exempted from
onment of GST Regime. However, the Textile Comm issioner has not anyway replied

ough group captive methods. On all such purchases, when the power is purchased and consumed from non-ren

Notification. The following are the rates fixed by TNERC and challenged before the Division Bench of Madras H
REC prices would however be paid at old rates of Rs.1500 and Rs.3500 for Non Solar and Solar RECs respective

p Solar Projects would be difficult even when the projects are funded by the suppliers by making the entire cap

ment the scheme with the willing managements to the extent of 3000 employees at the first phase. As done du
hatsApp then and there. As usual, mails are being sent regularly. Due to the volume of WhatsApp and mail mes
DCO has collected BPSC at 18% rate. On a judgment of the Madurai High Court and Division Bench, the Court

o TNERC. On an interim order issued by TNERC on 17.09.2014, the TNERC has suggested a new formula and a

energy captive consumer fails to inject the advance declared energy for any reason. Accordingly, the judgment
are fully under control. Hence, members need not scare about the new

ty was removed to new WEGs with effect from 01.04.2018 by a separate order passed by TNERC on 13.04.201

ential Tariff rate fixed for the appropriate periods, by considering the date of commissioning of the WEGs. Towa
erifying the captive norms, it seems only few of the members were able to receive the amounts. Those membe

ing without acting up on it and the matter is getting further proceeded at the High Court by filing a petition for
d some matters for hearing on 14.08.2018, Advocate of TASMA objected the listing of hearings on the same gr
red. Again by GO. (Ms) No.72 dated 04.02.2013, with our Chief Advisor, a new Committee was constituted for
thought of filing a writ petition to challenge this approach of DISH, no member is providing the mandate to TA

sting out such weights and measures exclusively used for internal purposes to avail the exemption granted. Thi
corded by way of a minute note for showing to anyone who demands whenever inspecting the mills. In additio

he Government of Tamilnadu accordingly has issued G.O. Ms. No. 61, Labour and Employment (M2), 3 rd April 2
Act along with other approvals given by Fire Department, Pollution Clearance, Stability Certificate issued by Cha

ver the way the payment of wages has to be made, TASMA represented the matter through Textile Commission
rity, TASMA attempted to file few cases for its members before the Hon'ble Madras High Court and has received

black-out periods, can close the matter as such,


eed to be processed through the Panchayat Unions only. The fee towards payment of running license, is based

4.2011 onwards. When the matter was heard by CESTAT on 02.07.2013, it ordered for a pre-deposit of Rs.15,

inally decided in our favour and accordingly, a detailed judgment was delivered on 29.01.2013 and the Notifica

iable to pay service tax on commission amount paid to overseas agents for the period up to 18.04.2006. Since

s 2006, now the remaining mills are filing replies to Assessment Notices along with Form Q and seeking to defe
of accumulated introvert duty and so on and so forth. Hence, TASMA is making all efforts to address the grieva

ond meeting for 2017-18. Normally, cotton year is being monitored between October – September. The CAB m
decision. There were two orders passed by the Division Bench on 13.08.2013 and therefore, the Authority to l

xisting construction should pay the charges according to the rates demanded by the authorities and can regula

m issued on 30.05.2016. However, there was no further extension of exemption provided after 04.08.2016. No

ere was no exemption available as of now, the enforcement of FSSA is in slow phase and however, members c

export, are exempted from HYO besides to yarn


and consumed from non-renewable sources, such power is obligated for RPO and therefore, members have to o

Division Bench of Madras High Court by TASMA through the


r and Solar RECs respectively and however, the prices collected in excess of Rs.1000, should be deposited till th

s by making the entire capex invested by the suppliers. However, the TNERC has taken up this matter for hear

the first phase. As done during the ISDS, this scheme will be also implemented to the fullest satisfaction of all
of WhatsApp and mail messages, sending of Circulars through hard copies, is being restricted and reduced and
d Division Bench, the Court has ordered that the system of levying BPSC on the arrears of E-Tax is not valid an

gested a new formula and accordingly, to calculate the demand charges instead of “30 days x 24 hours” to “30

. Accordingly, the judgment has come on 29.05.2014 and therefore, the members are relieved off from the bur
ed by TNERC on 13.04.2018 in Order No. 6 of 2018 without altering either the banking period or the bank

ssioning of the WEGs. Towards the same, they have to


he amounts. Those members still waiting for payment either can remind the SE of the Generation Circle for ma

Court by filing a petition for direction. Any member requiring to get Utility Change from Sale to Board to Captiv
of hearings on the same grounds. However, on a Clarification Petition, the Hon'ble Supreme Court allowed the
mmittee was constituted for this purpose. Afterwards, the Committee met several times and discussed the issue
roviding the mandate to TASMA to go for such a writ. Hence, it is left to the discretions of the members concern

the exemption granted. This position was confirmed by the Controller of Weights and Measures also. But it is fo
pecting the mills. In addition to the obligation under Sexual Harassment of Women at Workplace (Prevention, P

mployment (M2), 3 rd April 2017 and notified it in TN Government Gazette No.17 dated 26.04.2017. Even thoug
ty Certificate issued by Chartered Engineer etc., need to be sent. TASMA considering the stringent provisions a

hrough Textile Commissioner, Mumbai, who organ ized a meeting to review the effects of demonetization in Te
High Court and has received a beneficial order to protect the interest of mills having hosiery garment operation
of running license, is based on quantum of Horse Power installed and accordingly, they have to refer to the con

for a pre-deposit of Rs.15,00,000.00 and accordingly stayed the entire proceedings. However, for the demand

29.01.2013 and the Notification increasing the import duty on cotton from 5% to 10% was totally quashed. The

od up to 18.04.2006. Since, on similar matters, some appeals are pending before the Supreme Court of India,

Form Q and seeking to defer the matter till


fforts to address the grievances of members then

r – September. The CAB meeting held on 13.07.2016 has decided to conduct the CAB meetings once in two mo
herefore, the Authority to levy is accepted by Court. However, the quantum of fee fixed needs to be analyzed

authorities and can regulate the payment within the stipulated time to avoid interest. For the industrial buildin

vided after 04.08.2016. Now, the FSSA is applicable to all factories as far as there operations at canteens, host

e and however, members can get the registration /


erefore, members have to off-set it by RECs. Few Court cases are pending on the reason that whether RPO is e
0, should be deposited till the disposal of the matter by Supreme Court of India and thereafter the matter was

ken up this matter for hearing on 18.09.2018 in MP No.

he fullest satisfaction of all members participating


restricted and reduced and hence, members are advised to follow the WhatsApp messages and mails for insta
ars of E-Tax is not valid and therefore, a proposition was made that such a practice is null and void. Based on

30 days x 24 hours” to “30 days x power on hours”. While this gets worked out, most of the consumers may no

re relieved off from the burden of paying excess demand charges particularly during the months of April / May
nking period or the banking provisions for the
he Generation Circle for making payment or they can also file such writ petitions and can seek a direction

om Sale to Board to Captive Use, has to file a writ petition only for seeking a direction as the TANGEDC
Supreme Court allowed the TNERC to list the matters for hearing by an order issued on 10.09.2018 and howev
mes and discussed the issues. It has also made visits to certain mills in several Districts. While things moved so
ons of the members concerned whether to obtain a RC

d Measures also. But it is found that many members are not aware of this position and they are not filing
at Workplace (Prevention, Prohibition

ed 26.04.2017. Even though without striking down Section 66 (1)(b) from the Factories Act 1948, whether Rul
g the stringent provisions and also certain ambiguities, has represented the matter with the Government of Ta

ects of demonetization in Textile Industry. Immediately, the Government of India promulgated a Presidential Or
hosiery garment operations clearly explaining
ey have to refer to the concerned District Gazette then and there issued by the District Collector to know the

. However, for the demands on every subsequent year, TASMA was receiving show cause notices and on filing

% was totally quashed. The copy of the order was circulated to members connected with the case. The Custom

e Supreme Court of India, the Division Bench ordered the interim orders to continue till the disposal of the ma
AB meetings once in two months. But however, the time schedules have not been followed. The Consultative Co
ixed needs to be analyzed and verified by the Single Judge. Those who are liable to pay the above charge can

st. For the industrial buildings, the maximum rate is Rs.300/Square Meter and the minimum rate is Rs.75/Squa

perations at canteens, hostel messes, and other areas wherein food or food stuffs are stored / served. Since ca
ason that whether RPO is enforceable while R&C measures are in force. Based on the judgment to be delivered
thereafter the matter was remanded back to APTEL for reconsideration. On reconsideration, the APTEL howeve
essages and mails for instant information and follow up without waiting for the hard copies of the Circulars. Th
is null and void. Based on the above High Court decisions, TASMA has filed a Grievance Petition before the TN

st of the consumers may not be required to pay any excess demand charges or such charges may come down

g the months of April / May 2010. However, on this matter, it seems that the TANGEDCO has gone for an appea
d can seek a direction

direction as the TANGEDCO


on 10.09.2018 and however, reiterated that the next vacancy of a Member has to be filled up only with a judi
cts. While things moved so, the HMS Union has challenged the matter and an interim order was obtained to sta
and they are not filing
ories Act 1948, whether Rule 84-B could be introduced and could be enforceable, remains still as a challenge, t
with the Government of Tamilnadu and requested the Government to exempt the hostels run by spinning mills

omulgated a Presidential Ordinance to make the option to pay wages through bank accounts and therefore, iss
rict Collector to know the

cause notices and on filing replies, TASMA is ordered to pay the pre-deposit. In the meanwhile, various High C

d with the case. The Customs Department has thereafter filed Writ Appeal against the said order at the Division

e till the disposal of the matter finally by Supreme Court on the service tax payment demands arising after 18.0
llowed. The Consultative Committee of CAB has to be reconstituted and however, the tenure of the Committee
pay the above charge can take note of the position. However, these matters are not listed before the Single Ju

minimum rate is Rs.75/Square Meter and accordingly, depending up on the various aspects of the development

re stored / served. Since canteens are already covered under Factories Act 1948, TASMA attempted to seek ex
e judgment to be delivered, the matter will be regulated. But however, such a ground is not valid once the R&
deration, the APTEL however reconfirmed the same price of Rs.1000/REC whether it is Solar or Non Solar. As su
copies of the Circulars. Those members and their Executives who have not still become members in WhatsApp
ance Petition before the TN Electricity Ombudsman and accordingly, during the hearing, the CFC–Revenue has

h charges may come down heavily for them. Accordingly, they will be relieved off from the burden of paying he

EDCO has gone for an appeal by filing SLP before Supreme Court and the individual members who are covere
be filled up only with a judicial person. Accordingly, there is no hurdle for the TNERC to list matters for hearing
m order was obtained to stall the functions of the Committee. Hence, the Committee has neither made any visi
mains still as a challenge, this is a welcoming step in Tamilnadu to regularize the
ostels run by spinning mills from the provisions of the new law. It seems that the Government might pass an o

accounts and therefore, issued suitable amendment to Payment of Wages Act also. However, still the facility of
meanwhile, various High Courts have already declared that the service of Association to its members cannot fa

e said order at the Division Bench and however, no stay was granted. The grounds of appeal filed by the Custo

demands arising after 18.04.2006. They also need not to pay the service tax by making use of the Interim Or
e tenure of the Committee
t listed before the Single Judge till today even after 5 years and the status is continuing as

aspects of the developments and infrastructure to be provided, the demand will be

ASMA attempted to seek exemption in the matter of extension of FSSA 2006 for the industrial canteens during
nd is not valid once the R&C is lifted from 05.06.2015 onwards. Members can therefore take note of the positio
is Solar or Non Solar. As such, when members are buying RECs, it should be at a price of Rs.1000 both for So
ome members in WhatsApp groups can update their WhatsApp numbers by
ing, the CFC–Revenue has admitted to repay the BPSC amount collected on arrears of E-Tax , if any from 01.0

om the burden of paying heavy excess demand charges. However, CFC-Revenue is not accepting the above arr

members who are covered by the SLP, are required to file counter
C to list matters for hearing at present. The TNERC has started listing the matters and the list of hearings for 18
e has neither made any visits nor had any meetings after the order of the High Court on 30.04.2013. In the me
overnment might pass an order suitably and however, considering the stringent punishment provisions, membe

However, still the facility of paying the wages either through cash or through cheque or by crediting at the ban
n to its members cannot fall under the Service Tax net, on the mutuality concept and accordingly, set aside th

of appeal filed by the Customs Department have been received at TASMA. Certain members who were individu

aking use of the Interim Order, till the Supreme Court decides the matter in due course. This may be taken not
industrial canteens during the beginning of 2016 and however it was not accepted
ore take note of the position suitably. On a challenge made before the Supreme Court on the maintainability o
rice of Rs.1000 both for Solar and Non Solar. The IWPA has again filed a Civil Appeal against the Order of the A
of E-Tax , if any from 01.09.2004 onwards. Accordingly, he also advised all SEs / DFCs to refund the amount.

not accepting the above arrangement as ordered by TNERC and has issued notices to all consumers concerned
nd the list of hearings for 18.09.2018 was notified after the
t on 30.04.2013. In the meanwhile, the tenure of this Committee has also got expired on 04.08.2013 on comp
ishment provisions, members are advised to comply with the application formalities suitably. In case of male h

e or by crediting at the bank accounts are continuing as they were not any way altered by the provisions under
nd accordingly, set aside the whole provision as such. Based on the same, on filing an appeal on the matter, th

members who were individually parties to the said dispute were also served with notice and accordingly, TASMA

urse. This may be taken note of by members paying commissions to overseas agents. However, since such ST p
urt on the maintainability of RPO Regulations, the Hon'ble Supreme Court has delivered a lengthy judgment up
l against the Order of the APTEL in Civil Appeal No.4801/2018 and however, there was no modification in the s
FCs to refund the amount. In respect of BPSC amount collected for the period prior to 01.09.2004, the TANGED

o all consumers concerned for personal hearing. TASMA


ed on 04.08.2013 on completion of the 6 months’ period and accordingly, now the Committee needs to be reco
suitably. In case of male hostels accommodating males above the age group of 18 years, such hostels are not

red by the provisions under Payment of Wages Act 1936. This has become a set back to the spinning mills whic
an appeal on the matter, the Commissioner (Appeals) has held and set aside the order that TASMA being an As

ce and accordingly, TASMA is monitoring the case at the Division Bench suitably to restore the decision of the

s. However, since such ST paid on overseas agency services, is now neutralized by the Export of Service Rules,
ered a lengthy judgment upholding the RPO Regulations in
was no modification in the status of REC prices and therefore, the prices fixed by the APTEL through its order d
to 01.09.2004, the TANGEDCO has filed a SLP at Supreme Court against the order of Madurai Division Bench a
Committee needs to be reconstituted again. The Orders of the Government reconstituting the Committee are ex
years, such hostels are not required to go for license. Only hostels accommodating women at any age and mal

k to the spinning mills which largely employ other State workers for their operations and however, they have s
er that TASMA being an Association is not subject to payment of service tax on the mutuality clause and also b

restore the decision of the single Judge. Therefore, members who have paid any deposit with Customs Departm

the Export of Service Rules, botheration is now over. On coming in to force of GST Act 2017, this matter got re
e APTEL through its order dated 14.05.2018 (ie) @ Rs.1000/REC whether Solar or Non Solar would continue as
of Madurai Division Bench and the matter was not however admitted and the SLP filed by TANGEDCO was dism
uting the Committee are expected, only after the disposal of the writ petition filed by HMS Union and therefore
women at any age and males below 18 years need to be licensed. Under this law, any person not completed 18

s and however, they have started recovering from the effects of demonetization.
mutuality clause and also being a Trade Union. This is a new development that the Departmental Appeal itself

posit with Customs Department by way of BG etc., can claim back the same quoting the un -

Act 2017, this matter got regularized suitably and completely. However, for the old periods, we
on Solar would continue as such for the RECs issued on or after 01.04.2017.
ed by TANGEDCO was dismissed. Hence, TASMA has sent a representation to refund the BPSC amount collected
y HMS Union and therefore, there is no activity now found on the matter. Hence members are advised to pay n
ny person not completed 18 years is a child and however, this definition would apply only to the Regulation o
Departmental Appeal itself was decided in favour of TASMA. This was appealed by the Department and howeve

the un -

periods, we
the BPSC amount collected from members of TASMA for the period prior to 01.09.2004 also. When TANGEDCO
embers are advised to pay not less than Rs.176 per day (with effect from 01.06.2017) as per the rate presently
y only to the Regulation of hostels and not on employment for work.
he Department and however, no hearing was fixed so far. Apart from the order of the Commissioner (Appeals),
2004 also. When TANGEDCO not found considered the representation of TASMA, TASMA has filed a Grievance P
7) as per the rate presently available under National Floor Level Minimum Wages (NFLMW), when they employ
he Commissioner (Appeals), even the Commissioner of Central Excise and Service Tax , has held that TASMA is
SMA has filed a Grievance Petition before TN
FLMW), when they employ any person other than apprentices at their mills.
ax , has held that TASMA is not obligated for payment of service tax for demand raised for subsequent periods
sed for subsequent periods also. In the new

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