80. Power to make Rules

(1) The Government may make rules to carry out the purposes of this Act.

 (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for -

 (a) all matters expressly required or allowed by this Act to be prescribed;

(b) determining the total turnover or turnover of a dealer for the purposes of this Act;

(c) the manner of determination of the amount payable to the dealer for the transfer of property in goods as goods or in some other form involved in the execution of a works contract;

(d) the assessment to tax under this Act of business which is discontinued or the ownership of which has changed;

(e) the assessment to tax under this Act of any Hindu undivided family, firm or other association of persons, where such family, firm or association is partitioned or dissolved;

(f) the assessment to tax under this Act of business owned by minors and other incapacitated persons or by persons residing outside the State;

 (g) the assessment of a business owned by any person whose estate or any portion of whose estate is under the control of the Court of Wards, the Administrator General, the Official Trustee, or any receiver or manager appointed by or under any order of a Court;

(h) the administration of the check-posts set up and barriers erected under this Act and the regulation of the work therein;

(i) compelling the submission of returns;

(j) the form in which and the particulars to be contained in any declaration to be given under this Act, the authority from whom, the conditions subject to which and the fees subject to payment of which any form of declaration prescribed under the Act may be obtained, the manner in which any such form may be used and any such declaration may be furnished;

(k) the duties and powers of the officers appointed for the purpose of enforcing the provisions of this Act;

(l) the term of office, and the conditions of service, of the members of the Appellate Tribunal;

(m) the circumstances in which and the extent to which fees paid in pursuance of section 58 may be refunded;

(n) the issue of bills or cash memoranda, the class or classes of dealers who should maintain counterfoils for the same and the particulars to be shown in and the manner of maintenance of such counterfoils and the time for which they should be preserved;

(o) the maintenance of purchase bills or accounts of purchases and sales by dealers and the time for which they should be preserved;

(p) the issue of delivery notes in respect of goods delivered or transferred to retail dealers in pursuance of sales effected to them, the form and manner of their issue and the time for which they should be preserved;

(q) generally regulating the procedure to be followed and the forms to be adopted in proceedings under this Act.

 (3) (a) In making a rule under sub-section (1) or sub-section (2), the Government may provide that a person guilty of a breach thereof shall be punishable with fine which may extend to rupees one thousand and, where the breach is a continuing one, with further fine which may extend to rupees fifty for every day after the first during which the breach continues.

 (b) No court inferior to that of a Judicial Magistrate shall inquire into or try any offence consisting of a breach of a rule.

(4) (a) All rules made under this Act shall be published in the Tamil Nadu Government Gazette and, unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published. ( b) All notifications issued under this Act, shall, unless they are expressed to come into force on a particular day, come into force on the day on which they are so published.

(5) Every rule made or notification issued under this Act, shall, as soon as possible, after it is made or issued, be placed on the table of the Legislative Assembly, and if, before the expiry of the session in which it is so placed or the next session, the Legislative Assembly agrees in making any modification in any such rule or notification, or Legislative Assembly agrees that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.