Legal expert explains...

A publication in the Gazatte of an Act or Rule or Regulation is a public notice on its existence.

Published: 22nd January 2019 01:58 AM  |   Last Updated: 22nd January 2019 05:30 AM   |  A+A-

Express News Service

CHENNAI: It is said that a new law or rule only comes to force when it is notified in “Gazette”. What does this mean, exactly? Is it a public document which anyone can access? If so, where can one see it?
—P V Vijaya Kumar

A publication in the Gazette of an Act or Rule or Regulation is a public notice on its existence. It will be acceptable as evidence without any further proof. You can buy the Gazette from the government press or you can also subscribe to the same. There is also a move to publish all the enactments and rules on the website and have it constantly updated.  As of now you will have to buy private publications or an updated version of an Act.

What is your opinion about framing a will which does not specify each and every asset and instead specifies that each of the heirs can share a particular percentage of the assets left by the person. I am a senior citizen aged 79 and would like to know the correct position.
—K Ravindranath

It is better to mention the list of all properties owned by the testator in his Will instead of saying in general terms that a certain percentage of properties will go to so and so.  This will avoid a lot of confusion while probating the Will or getting a succession certificate.

Our gated community has 80 flats, which have been occupied since 2013.  All of a sudden, TNEB loaded one of the common electric meters in our premises with `8 lakh as arrears, stating that the amount arises out of their audit for 2011-12. They have handed over a notice at our security gate but the notice is addressed to the builder. On meeting TNEB officials, we were told this amount is related to difference in tariffs between commercial connection and temporary construction connection. TNEB had given NOC in 2015 to CMDA when a completion certificate was issued. Instead of recovering money from the builder, TNEB has chosen to charge the hapless flat owners. We would like to know where we stand in the issue.
—Vijayaraghavan

TNEB arrears has to be paid only by the owner of the property. Even when a builder gets a connection either for a new supply or new service connection, he gets power of attorney from the owner as his agent.  If you dispute the quantum, you can file a writ petition in the High Court. Otherwise you will have to share the burden. The NOC granted in 2015 by TNEB will not help you.

Mail your legal queries to expertexplains@gmail.com

Justice K Chandru @expertexplains@gmail.com is a former  judge of the Madras High Court

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