TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 406]

CHENNAI, THURSDAY, SEPTEMBER 9, 2021

Aavani 24, Pilava, Thiruvalluvar Aandu-2052

Part IV—Section 1

Tamil Nadu Bills

©

[Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2021

[Price: Rs. 9.60 Paise.

[217]

Ex-IV-1-406—E

No. 37 of 2021— The Tamil Nadu District Municipalities (Amendment) Act, 2021 ..

..

218-220

No. 38 of 2021—The Tamil Nadu Repealing (Second) Act, 2021 ..

..

..

..

221-226

No. 39 of 2021—The Tamil Nadu Dr. M.G.R. Medical University, Chennai

(Second Amendment) Act, 2021

..

..

..

..

227-228

No. 40 of 2021—The Tamil Nadu State Commission for the Scheduled Castes and

Scheduled Tribes Act, 2021.

..

..

..

.. 229-239

218

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

BILLS INTRODUCED IN THE LEGISLATIVE ASSEMBLY OF THE

STATE OF TAMIL NADU

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill

which was introduced in the Legislative Assembly of the State of Tamil Nadu

on 9th September, 2021 is published together with Statement of Objects and

Reasons for general information:—

L.A. Bill No. 37 of 2021

A Bill further to amend the Tamil Nadu District Municipalities

Act, 1920.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu

in the Seventy-second Year of the Republic of India as follows:—

1. (1) This Act may be called the Tamil Nadu District Municipalities

(Amendment) Act, 2021.

(2) It shall come into force at once.

2. In section 3 of the Tamil Nadu District Municipalities Act, 1920

(hereinafter referred to as the principal Act),—

(i) for clause (5), the following clause shall be substituted, namely:—

“(5) ‘Carriage’ means any wheeled vehicle with springs or other

appliances acting as springs and includes any kind of bicycle, tricycle,

rickshaw, palanquin and boat, but does not include any motor vehicle within

the meaning of the Motor Vehicles Act, 1988 (Central Act 59 of 1988).”;

(ii) in clause (8), for the expression “the Indian Companies Act, 1913

(Central Act VII of 1913)”, the expression “the Companies Act, 2013

(Central Act 18 of 2013)” shall be substituted.

3. In section 124-J of the principal Act, for the Explanation under

clause (c), the following Explanation shall be substituted, namely:—

“Explanation.— For the purpose of this clause, “person with disability”

shall have the same meaning assigned to it under clause (s) of section 2 of

the Rights of Persons with Disabilities Act, 2016 (Central Act 49 of 2016).”.

4. In section 250 of the principal Act,—

(i) in sub-section (4), in clause (a), for the expression “the Indian

Factories Act, 1911 (Central Act XII of 1911)”, the expression “the Factories

Act, 1948 (Central Act LXIII of 1948)” shall be substituted;

(ii) in sub-section (6), in the Explanation thereunder, for the expression

“the Factories Act, 1934 (Central Act XXV of 1934)”, the expression “the

Factories Act, 1948 (Central Act LXIII of 1948)” shall be substituted.

5. In section 306 of the principal Act, after clause (28), the following

clause shall be inserted, namely:—

“(28-A) for registration of boats and regulation of boating activities in

water bodies.”.

Short title and

commence-

ment.

Amendment of

section 3.

Amendment of

section 124-J.

Amendment of

section 250.

Amendment of

section 306.

Tamil Nadu Act V of

1920.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

219

6. Throughout the principal Act, for the expressions “the Indian

Motor

Vehicles

Act,

1914”,

“the

Indian

Electricity

Act,

1910

(Central Act IX of 1910)”, “the Land Acquisition Act, 1894 (Central

Act I of 1894)”, “the Cantonments Act, 1924 (Central Act II of

1924)”, “the Tamil Nadu Commercial Crops Markets Act, 1933

(Tamil Nadu Act XX of 1933)”, “the Indian Limitation Act, 1908 (Central

Act IX of 1908)” and “the Code of Criminal Procedure, 1898 (Central Act

V of 1898)”, wherever they occur, the expressions “the Motor Vehicles

Act, 1988 (Central Act 59 of 1988)”, “the Electricity Act, 2003 (Central

Act 36 of 2003)”, “the Right to Fair Compensation and Transparency in

Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act

30 of 2013)”, “the Cantonments Act, 2006 (Central Act 41 of 2006)”, “the

Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987

(Tamil Nadu Act 27 of 1989)”, “the Limitation Act, 1963 (Central Act 36 of

1963)” and “the Code of Criminal Procedure, 1973 (Central Act 2 of 1974)”

shall, respectively, be substituted.

Substitution of

certain

enactments.

220

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS.

The Government have proposed to regulate the boating activities in Kodaikanal lake, which is under the

control of Kodaikanal Municipality, for the purpose of ensuring the safety and security of the passengers and

boat operators by providing for registration of boats and issue of fi tness certifi cate for the boats to ply or sail

in the lake and also to protect the environmental conditions in one of the most prestigious and popular tourist

destination so that the visiting tourists can enjoy the beauty of nature around the lake and thereby revenue to

the Municipality may also be augmented.

2. There is no enabling provision in the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V

of 1920) for regulating the boating activities within the limits of a municipality and also to make by-laws by

the Council of Municipality for the said purpose. The Government have therefore, decided to amend the said

Tamil Nadu Act V of 1920 so as to achieve the objects in view. Further, certain enactments occurring in the said

Act have already been repealed and re-enacted. Hence, by taking this opportunity, those repealed enactments

have also been proposed to be substituted.

3. The Bill seeks to give eff ect to the above decisions.

K.N. NEHRU,

Minister for Municipal Administration.

Chennai,

K. SRINIVASAN,

9th September 2021.

Secretary.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

221

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill

which was introduced in the Legislative Assembly of the State of Tamil Nadu

on 9th September, 2021 is published together with Statement of Objects and

Reasons for general information:—

L.A. Bill No. 38 of 2021

A Bill to repeal certain enactments.

WHEREAS it is expedient that the enactments specifi ed in the Schedule

which are spent or have otherwise become obsolete, or have ceased to be

in force otherwise than by expressed specifi c repeal, should be expressly

and specifi cally repealed;

Bඍ it enacted by the Legislative Assembly of the State of Tamil Nadu in

the Seventy-second Year of the Republic of India as follows:—

1. This Act may be called the Tamil Nadu Repealing (Second) Act,

2021.

Short title.

2. The enactments specifi ed in the Schedule are hereby repealed.

Repeal of

certain

enactments.

3. The repeal by this Act of any enactment shall not aff ect any other

enactment in which the repealed enactment has been applied, incorporated

or referred to;

Savings.

and this Act shall not aff ect the validity, invalidity, eff ect or

consequences of anything already done or suff ered, or any right, title,

obligation or liability already acquired, accrued or incurred, or any remedy

or proceeding in respect thereof, or any release or discharge of or from

any debt, penalty, obligation, liability, claim or demand, or any indemnity

already granted, or the proof of any past act or thing;

nor shall this Act aff ect any principle or rule of law, or established

jurisdiction, form or course of pleading, practice or procedure, or existing

usage, custom, privilege, restriction, exemption, offi ce or appointment,

notwithstanding that the same respectively may have been in any manner

affi rmed or recognised or derived by, in or from any enactment hereby

repealed;

nor shall the repeal by this Act of any enactment revive or restore

any jurisdiction, offi ce, custom, liability, right, title, privilege, restriction,

exemption, usage, practice, procedure or other matter or thing not now

existing or in force.

222

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

THE SCHEDULE.

REPEALS.

(See section 2)

S.No.

Year

Number

Short Title

(1)

(2)

(3)

(4)

President’s Act

1.

1976

32

The Tamil Nadu Panchayats (Extension of Term of Offi ce) Act, 1976.

2.

1976

33

The Tamil Nadu Panchayat Union Councils (Extension of Term of Offi ce)

Act, 1976.

3.

1977

5

The Tamil Nadu Panchayat Union Councils (Appointment of Special

Offi cers) Act, 1977.

Tamil Nadu Acts

4.

1876

I

The Tamil Nadu Land Revenue Assessment Act, 1876.

5.

1886

IV

The Railway Protection Act, 1886.

6.

1888

I

The Tamil Nadu Local Authorities’ Loan Act, 1888.

7.

1904

II

The Tamil Nadu Impartible Estates Act, 1904.

8.

1914

VIII

The Tamil Nadu Decentralization Act, 1914.

9.

1930

IX

The Sevvalpatti Impartible Estate Act, 1930.

10.

1931

VI

The East and West Tanjore Sessions Divisions (Validation) Act, 1931.

11.

1933

IX

The Velliyakundam Impartible Estate Act, 1933.

12.

1935

VII

The Tamil Nadu Debtors’ Protection Act, 1934.

13.

1936

XI

The Tamil Nadu Debt Conciliation Act, 1936.

14.

1937

III

The Tamil Nadu Probation of Off enders Act, 1936.

15.

1938

XIV

The Prisons and Indian Lunacy (Tamil Nadu Amendment) Act, 1938.

16.

1947

XXIX

The Tamil Nadu Probation of Off enders (Amendment) Act, 1947.

17.

1947

XXXIV

The Opium and Dangerous Drugs (Tamil Nadu Amendment) Act, 1947.

18.

1948

V

The Tamil Nadu Lapsed Acts (Removal of Doubts) Act, 1948.

19.

1948

VII

The Tamil Nadu Re-enacting and Repealing (No.I) Act, 1948.

20.

1948

VIII

The Tamil Nadu Re-enacting (No.II) Act, 1948.

21.

1948

IX

The Tamil Nadu Re-enacting (No.III) Act, 1948.

22.

1949

X

The Tamil Nadu Re-enacting Act, 1949.

23.

1949

XXI

The Prisoners (Tamil Nadu Amendment) Act, 1949.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

223

S.No.

Year

Number

Short Title

(1)

(2)

(3)

(4)

24.

1949

XXIV

The Tamil Nadu Tenants and Ryots Protection Act, 1949.

25.

1949

XXXV

The Tamil Nadu Merged States (Laws) Act, 1949

26.

1950

III

The Tamil Nadu Re-enacting Act, 1950.

27.

1951

XXXII

The Opium (Tamil Nadu Amendment) Act, 1951.

28.

1953

VII

The Evacuee Interest (Separation) Tamil Nadu Supplementary Act, 1953.

29.

1953

XI

The Tamil Nadu Lignite (Acquisition of Land) Act, 1953.

30.

1957

XXI

The Tamil Nadu Registration of Veterinary Practitioners Act, 1957.

31.

1958

VIII

The Tamil Nadu Prohibition (Amendment) Act, 1958.

32.

1959

6

The Tamil Nadu Gramdan Villages (Repayment of Debts) Act, 1959.

33.

1959

8

The Tamil Nadu Public Health (Amendment) Act, 1959.

34.

1961

3

The Evacuee Interest (Separation) Tamil Nadu Supplementary Act, 1961.

35.

1961

9

The Tamil Nadu (Added Territory) Extension of Laws Act, 1961.

36.

1961

11

The Tamil Nadu Agricultural Income-tax (Extension to Added Territory) Act,

1961.

37.

1961

20

The Tamil Nadu Entertainments Tax (Amendment) Act, 1961.

38.

1961

28

The Tamil Nadu District Development Councils and Panchayats (Extension

to Added Territory) Act, 1961.

39.

1961

52

The Tamil Nadu Local Authorities Finance Act, 1961.

40.

1962

16

The Tamil Nadu Industrial Establishments (National and Festival Holidays)

Amendment Act, 1962.

41.

1966

23

The Tamil Nadu Private Educational Institutions (Regulation) Act, 1966.

42.

1967

4

The Tamil Nadu Prohibition (Amendment) Act, 1967.

43.

1968

16

The Tamil Nadu Cultivating Tenants (Special Provisions) Act, 1968.

44.

1968

20

The Tamil Nadu Proprietary Estates’ Village Service and Tamil Nadu

Hereditary Village Offi ces (Repeal) Act, 1968.

45.

1970

16

The Tamil Nadu Entertainments Tax and Local Authorities Finance

(Amendment) Act, 1970.

46.

1970

33

The Tamil Nadu Prohibition (Amendment) Act, 1970.

47.

1971

36

The Tamil Nadu Registration of Practitioners of Integrated Medicine

(Amendment) Act, 1971.

48.

1972

18

The Tamil Nadu (Transferred Territory) Extension of Laws Act, 1972.

224

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

S.No.

Year

Number

Short Title

(1)

(2)

(3)

(4)

49.

1972

21

The Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Act, 1972.

50.

1972

26

The Tamil Nadu Excise (Amendment) Act, 1972.

51.

1973

29

The Tamil Nadu Local Authorities Finance (Amendment) Act, 1973.

52.

1973

37

The Tamil Nadu Prohibition (Suspension of Operation) Amendment Act,

1973.

53.

1973

38

The Tamil Nadu Excise (Amendment) Act, 1973.

54.

1973

42

The Tamil Nadu Local Authorities Finance (Second Amendment) Act, 1973.

55.

1974

34

The Tamil Nadu Prohibition (Revival of Operation and Amendment) Act,

1974.

56.

1974

38

The Tamil Nadu Entertainments Tax and Local Authorities Finance

(Amendment) Act, 1974.

57.

1975

32

The Tamil Nadu Entertainments Tax and Local Authorities Finance

(Amendment) Act, 1975.

58.

1975

34

The Tamil Nadu Panchayats and Panchayat Union Councils (Extension of

Term of Offi ce) Act, 1975.

59.

1978

5

The Tamil Nadu Entertainments Tax and Local Authorities Finance

(Amendment) Act, 1978.

60.

1979

51

The Tamil Nadu Entertainments Tax and Local Authorities Finance

(Amendment) Act, 1979.

61.

1979

60

The Tamil Nadu Panchayats (Appointment of Special Offi cers) Act, 1979.

62.

1980

15

The Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Act, 1980.

63.

1980

16

The Tamil Nadu Cyclone and Flood Aff ected Areas Cultivating Tenants

Arrears of Rent (Relief) Act, 1980.

64.

1981

3

The Tamil Nadu Abolition of posts of part-time Village Offi cers Act, 1981.

65.

1982

27

The Tamil Nadu Panchayats (Validation of Local Cess Surcharge) Act,

1982.

66.

1983

26

The Tamil Nadu Cultivating Tenants (Protection from Eviction) Act, 1983.

67.

1984

25

The Tamil Nadu Entertainments Tax and Local Authorities Finance

(Amendment) Act, 1984.

68.

1984

29

The Tamil Nadu Cultivating Tenants (Special Provisions) Act, 1984.

69.

1984

32

The Tamil Nadu Flood Aff ected Areas Cultivating Tenants (Temporary

Relief) Act, 1984.

70.

1986

53

The Tamil Nadu Flood Aff ected Areas Cultivating Tenants (Temporary

Relief) Act, 1986.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

225

S.No.

Year

Number

Short Title

(1)

(2)

(3)

(4)

71.

1986

60

The Tamil Nadu Cyclone and Flood Aff ected Areas Cultivating Tenants

(Special Provisions) Act, 1986.

72.

1989

40

The Tamil Nadu Entertainments Tax and Local Authorities Finance

(Amendment) Act, 1989.

73.

1989

41

The Tamil Nadu Cultivating Tenants (Protection from Eviction) Act, 1989.

74.

1990

38

The Tamil Nadu Cultivating Tenants Arrears of Rent (Relief) Act, 1990.

75.

1993

35

The Tamil Nadu Registration of Veterinary Practitioners (Amendment) Act,

1993.

76.

1997

20

The Tamil Nadu Cultivating Tenants (Protection from Eviction) Act, 1997.

226

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS.

The State Law Commission, Tamil Nadu has recommended in its various Reports to repeal certain

enactments, as the said enactments have become obsolete and redundant. Further, the Government of India

has mandated all States to take up regulatory compliance burden reduction as a part of ease of doing business

initiative and to take up review of their statutes and reduce redundancy. The Government have considered the

said recommendations of the State Law Commission and the request of the Government of India and decided

to repeal the obsolete and redundant laws.

2. The Bill seeks to give eff ect to the above decision.

S. REGUPATHY,

Minister for Law.

Chennai,

K. SRINIVASAN,

9th September 2021.

Secretary.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

227

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill

which was introduced in the Legislative Assembly of the State of Tamil Nadu

on 9th September, 2021 is published together with Statement of Objects and

Reasons for general information:—

L.A. Bill No. 39 of 2021

A Bill further to amend the Tamil Nadu Dr.M.G.R. Medical University

Chennai, Act 1987.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in

the Seventy-second Year of the Republic of India as follows:—

1. (1) This Act may be called the Tamil Nadu Dr. M.G.R. Medical

University, Chennai (Second Amendment) Act, 2021.

Short title and

commence-

ment.

(2) It shall be deemed to have come into force on the 26th day of

February 2021.

Tamil Nadu Act

37 of 1987.

2. In section 67 of the Tamil Nadu Dr. M.G.R. Medical University,

Chennai, Act, 1987, (hereinafter referred to as the principal Act), after

sub-section (4), the following sub-section shall be inserted, namely:—

Amendment of

secƟ on 67.

Tamil Nadu Act

20 of 2013.

“(4A) Notwithstanding anything contained in this Act, the statutes,

ordinances and regulations continued in force under the Annamalai

University Act, 2013 or made under this Act, every person who immediately

before the 26th February 2021 was a student of the Annamalai University

or was eligible to appear for any of the examinations in medical science,

dentistry or nursing of the Annamalai University, shall be permitted to

complete his course of study in the Annamalai University and the Tamil

Nadu Dr. M.G.R. Medical University, Chennai shall make arrangements

for the instruction, teaching and training for such students for such

period and in such manner as may be determined by the Tamil Nadu

Dr. M.G.R. Medical University, Chennai in accordance with the course

of study in the Annamalai University, and such students shall, during

such period, be admitted to the examinations held or conducted by the

Annamalai University and the corresponding degree, diploma or other

academic distinctions of the Annamalai University shall be conferred upon

the qualifi ed students on the result of such examinations, by the Annamalai

University.”;

3. In the Schedule to the principal Act,—

Amendment of

Schedule.

(1) under the heading “I. Government Medical Colleges.— Under the

control of Director of Medical EducaƟ on”, aŌ er the entry “8.ChengalpaƩ u Medical

College, ChengalpaƩ u.”, the following entry shall be added, namely:—

“9. Rajah Muthiah Medical College and Hospital, Annamalai Nagar,

Chidambaram.”;

(2) under the heading “III. Government Dental College—,” for the entry

“Madras Dental College, Chennai.”, the following entries shall be subsƟ tuted,

namely:—

“1. Madras Dental College, Chennai.

2. Rajah Muthiah Dental College and Hospital, Annamalai Nagar,

Chidambaram.”;

(3) under the heading “V. Government College of Nursing—,” for the entry

“Madras Medical College, Chennai.”, the following entries shall be subsƟ tuted,

namely:—

“1. Madras Medical College, Chennai.

2. Rani Meyyammai College of Nursing, Annamalai Nagar, Chidambaram.”.

228

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

Rajah Muthiah Medical College and Hospital, Rajah Muthiah Dental College and Hospital and

Rani Meyyammai College of Nursing under the control of the Annamalai University were ordered to be handed

over to the Government in Health and Family Welfare Department and treated as Government Medical

Institutions vide G.O.(Ms.) No.16, Higher Education Department, dated 27-01-2021. The Annamalai University

Act, 2013 (Tamil Nadu Act 20 of 2013) and the Tamil Nadu Dr.M.G.R.Medical University, Chennai, Act.

1987 (Tamil Nadu Act 37 of 1987) have been amended for the said purpose vide the Annamalai University and

the Tamil Nadu Dr.M.G.R. Medical University, Chennai (Amendment) Act, 2021 (Tamil Nadu Act 7 of 2021).

2. Now, it has been decided that the students who were admitted in the said Medical Institutions upto

the academic year 2020-2021 and are now continuing as students in the said institutions may be conferred

degrees / diplomas of the Annamalai University, itself. The Government have, therefore, decided to amend

the Tamil Nadu Dr.M.G.R.Medical University, Chennai, Act, 1987 (Tamil Nadu Act 37 of 1987) suitably, for the

purpose.

3. The Bill seeks to give eff ect to the above decision.

Ma. SUBRAMANIAN,

Minister for Health & Family Welfare

Chennai,

K. SRINIVASAN,

9th September 2021.

Secretary.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

229

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill

which was introduced in the Legislative Assembly of the State of Tamil Nadu

on 9th September, 2021 is published together with Statement of Objects and

Reasons for general information:—

L.A. Bill No. 40 of 2021

A Bill to constitute a Commission for the Scheduled Castes and

Scheduled Tribes in the State of Tamil Nadu and to provide for

matters connected therewith or incidental thereto.

WHEREAS, it is expedient to constitute a Commission for the

Scheduled Castes and Scheduled Tribes and to provide for matters

connected therewith or incidental thereto;

Bඍ it enacted by the Legislative Assembly of the State of Tamil Nadu

in the Seventy-second Year of the Republic of India as follows:—

CHAPTER – I.

PRELIMINARY.

1. (1) This Act may be called the Tamil Nadu State Commission for the

Scheduled Castes and Scheduled Tribes Act, 2021.

Short title,

extent and

commence-

ment.

(2) It extends to the whole of the State of Tamil Nadu.

(3) It shall come into force on such date as the Government may,

by notifi cation, appoint.

Defi nitions.

2. In this Act, unless the context otherwise requires,—

(a) “Chairperson” means the Chairperson of the Commission

nominated under section 3;

(b) “civil rights” means any right accruing to a person by reason

of the abolition of untouchability by Article 17 of the Constitution of India;

(c) “Commission” means the Tamil Nadu State Commission for

the Scheduled Castes and Scheduled Tribes constituted under section 3;

(d) “Government” means the State Government;

(e) “Member” means a Member of the Commission and includes

the Chairperson, the Vice-Chairperson and the Member-Secretary;

(f) “prescribed” means prescribed by rules made under this Act;

(g) “Scheduled Castes and Scheduled Tribes” shall have the

meanings, respectively, assigned to them in clauses (24) and (25) of

Article 366 of the Constitution of India;

(h) “State” means the State of Tamil Nadu.

230

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

CHAPTER – II.

TAMIL NADU STATE COMMISSION FOR SCHEDULED CASTES AND

SCHEDULED TRIBES.

Constitution of

Commission.

3. (1) The Government shall, by notifi cation, constitute a body to be

known as the Tamil Nadu State Commission for the Scheduled Castes

and Scheduled Tribes to exercise the powers conferred on and to perform

the functions assigned to it under this Act.

(2) The Commission shall consist of,—

(i) the following Members to be nominated by the Government,

namely:—

(a) the Chairperson, who shall be a retired Judge of the

High Court belonging to any of the Scheduled Castes or Scheduled Tribes

and has special knowledge in matters relating to the Scheduled Castes

and Scheduled Tribes;

(b) the Vice-Chairperson, who shall be a prominent

person belonging to any of the Scheduled Castes or Scheduled Tribes,

who has worked for the welfare of the Scheduled Castes and Scheduled

Tribes;

(c) fi ve Members, of which three Members shall belong

to any of the Scheduled Castes, one shall belong to any of the Scheduled

Tribes and one shall be a prominent person having special knowledge in

matters relating to Scheduled Castes and Scheduled Tribes:

Provided that one of the members shall be a woman; and

(ii) a Member–Secretary, to be appointed by the Government

from amongst the offi cers of the Indian Administrative Service, not below

the rank of Additional Secretary to Government.

4. (1) Subject to the pleasure of the Government, the Chairperson,

the Vice-Chairperson and every Member of the Commission shall hold

offi ce for such period, not exceeding three years and shall be eligible for

re-nomination for a second term:

Term of offi ce

and conditions

of service of

Chairperson,

Vice-

Chairperson

and Members.

Provided that the Chairperson shall hold offi ce as such till the date

on which he attains the age of seventy years and the Vice-Chairperson

and the other Members shall hold offi ce as such till the date on which they

attain the age of sixty-fi ve years.

Provided further that if the Chairperson is by reason of absence or for

any other reason, unable to perform the duties of his offi ce, those duties

shall, until a Chairperson has been nominated under section 3 and entered

on the duties thereof or until the Chairperson has assumed his duties, as

the case may be, be performed by the Vice-Chairperson, or such other

Member, as directed by the Government:

Provided also that the successor so nominated shall hold offi ce only

for the remainder of the term of the Member in whose place he has been

nominated.

(2) The Chairperson, the Vice-Chairperson or a Member may, at

any time, by writing under his hand addressed to the Government, resign

from the offi ce of the Chairperson, the Vice-Chairperson or Member, as the

case may be, but shall continue in offi ce until his resignation is accepted

by the Government.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

231

(3) Notwithstanding anything contained in sub-section (1), the

Government shall remove a person from offi ce of the Chairperson, the

Vice-Chairperson or any Member, if that person,—

(a) becomes an undischarged insolvent; or

(b) has been convicted and sentenced to imprisonment

for an off ence which, in the opinion of the Government, involves moral

turpitude; or

(c) becomes of unsound mind and stands so declared by a

competent court; or

(d) refuses to act or becomes incapable of acting; or

(e) without obtaining leave of absence from the Commission,

absent for three consecutive meetings of the Commission; or

(f) has, in the opinion of the Government, so abused the

position of the Chairperson, the Vice-Chairperson or Member, as the case

may be, as to render that person’s continuance in offi ce detrimental to the

interest of the Scheduled Castes and Scheduled Tribes:

Provided that no member shall be removed from his offi ce

until that member has been given a reasonable opportunity of being heard.

(4) The honorarium and allowances payable to, and the other

terms and conditions of service of, the Chairperson, the Vice-Chairperson

and Members shall be such as may be prescribed.

5. (1) The Commission shall meet as and when necessary at least

once in three months, and shall meet at such time and place as the

Chairperson may think fi t.

Procedure to be

regulated by

Commission.

(2) The Commission shall regulate its own procedure.

(3) All orders and decisions of the Commission shall be

authenticated by the Member-Secretary or any other Offi cer of the

Commission duly authorised by the Member-Secretary in this behalf.

Vacancies,

etc. not to

invalidate

proceedings of

Commission.

6. No act or proceeding of the Commission shall be questioned or

shall be invalid on the ground merely of the existence of any vacancy

in, or defect in the constitution of, the Commission, or any defect in the

nomination of a person acting as the Chairperson or the Vice-Chairperson

or a member or any irregularity in the procedure of the Commission,

including in issuing of notice for holding of a meeting, not aff ecting the

merits of the matter.

Offi cers

and other

employees of

Commission.

7. (1) The Government shall provide the Commission with such

number of offi cers and employees as may be necessary for the effi cient

performance of the functions of the Commission under this Act.

(2) The salaries and allowances payable to, and the other terms

and conditions of service of, the offi cers and other employees of the

Commission shall be such as may be prescribed.

(3) The offi cers and employees referred to in sub-section (1)

shall be under the administrative control of the Chairperson.

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CHAPTER – III.

FUNCTIONS OF THE COMMISSION.

Functions of

Commission.

8. The functions of the Commission shall be as follows,—

(a) inquire, suo moto or on a petition presented to it by a victim or

by any person on his behalf, into complaint of,—

(i) violation of any rights provided in the Protection of Civil

Rights Act, 1955 and the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989 and the rules made thereunder or

abetment thereof;

Central Act 22 of

1955.

Central Act 33 of

1989.

(ii) negligence in the prevention of such violation, by a public

servant;

(b) inquire and recommend to the Government to initiate

disciplinary action in cases where the Commission is of the view that any

public servant has been grossly negligent or grossly indiff erent in the

discharge of his duties in regard to the protection of the interests of the

Scheduled Castes and Scheduled Tribes;

(c) evaluate the working of various safeguards and civil rights

accruing to a person as stipulated, in the Protection of Civil Rights Act,

1955 and the Scheduled Castes and the Scheduled Tribes (Prevention

of Atrocities) Act, 1989 or in any other law, regulation or order passed by

the Union and the State Governments and to investigate and monitor all

matters relating to the safeguards provided for the Scheduled Castes and

Scheduled Tribes under the Constitution or under any other law for the

time being in force;

Central Act 22 of

1955.

Central Act 33 of

1989.

(d) make recommendations with a view to ensure eff ective

implementation and enforcement of all safeguards under the Protection

of Civil Rights Act, 1955 and the Scheduled Castes and the Scheduled

Tribes (Prevention of Atrocities) Act, 1989 or any other law for the time

being in force;

Central Act 22 of

1955.

Central Act 33 of

1989.

(e) undertake a review of the implementation of the policies

pursued by the Union and the State Governments with respect to the

Scheduled Castes and Scheduled Tribes;

(f) inquire into specifi c complaints of deprivation of rights and

safeguards of the Scheduled Castes and Scheduled Tribes;

(g) spread literacy among various sections of the society

regarding the Protection of Civil Rights Act, 1955 and the Scheduled

Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and

to promote awareness of the safeguards available for the protection of

these rights through publications, media, seminars and other available

means;

Central Act 22 of

1955.

Central Act 33 of

1989.

(h) conduct studies, research and analysis on the question of

avoidance of discrimination against the Scheduled Castes and Scheduled

Tribes;

(i) suggest appropriate legal and welfare measures in respect

of the Scheduled Castes and Scheduled Tribes to be undertaken by the

Government;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

233

(j) monitor the working of laws in force concerning the Scheduled

Castes and Scheduled Tribes Women with a view to identify the areas

where the enforcement of laws is not eff ective or has not been streamlined

and recommend executive or legislative measures to be undertaken;

(k) encourage the eff orts of non-governmental organizations and

institutions working, in the fi eld of human rights or for the upliftment and

betterment of the Scheduled Castes and Scheduled Tribes;

(l) send periodical reports in such manner and at such intervals,

as may be prescribed, to the Government; and

(m) exercise such other functions as may be conferred or

enjoined upon it by this Act or the rules made thereunder:

Provided that if the National Commission for Scheduled

Castes established under Article 338 of the Constitution or the National

Commission for Scheduled Tribes established under Article 338-A of the

Constitution is seized of any matter, the Commission shall cease to have

jurisdiction on such matter and in case of confl icting recommendations,

the recommendation of the National Commission for Scheduled Castes or

the National Commission of Scheduled Tribes, as the case may be, shall

prevail over the recommendation of the Commission.

Central Act V of

1908.

9. The Commission shall, while discharging any of the functions

under section 8, have all the powers of a civil court trying a suit under the

Code of Civil Procedure, 1908 and, in particular, in respect of the following

matters, namely:—

Powers of

Commission.

(a) summoning and enforcing the attendance of any person and

examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affi davits;

(d) requisitioning any public record or copy thereof from any

court or offi ce;

(e) issuing commissions for the examination of witnesses and

documents; and

(f) any other matter which may be prescribed.

Government

to consult

Commission.

10. The Government may consult the Commission on major policy

matters aff ecting the Scheduled Castes and Scheduled Tribes.

CHAPTER – IV.

FINANCE, ACCOUNTS AND AUDIT.

Grants by the

Government.

11. (1) The Government shall, after due appropriation made by the

State Legislature by law in this behalf, pay to the Commission by way of

grants such sums of money as the Government may think fi t, for being

utilised for the purposes of this Act.

(2) The Commission may spend such sums out of the grants as

it thinks fi t for discharging its functions under this Act, and such sums shall

be treated as expenditure payable out of the grants referred to in sub-

section (1).

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(3) The honorarium and allowances payable to the Chairperson,

the Vice-Chairperson, Members and the administrative expenses,

including salaries and allowances payable to the Member-Secretary,

offi cers and other employees of the Commission, shall be paid out of the

grants referred to in sub-section (1).

Accounts and

audit.

12. (1) The accounts of the Commission shall be maintained in

such manner and in such form as may be prescribed. The Commission

shall prepare an annual statement of accounts in such form as may be

prescribed.

(2) The accounts of the Commission shall be audited annually by

such auditor as the Government may appoint in this behalf.

(3) The auditor appointed under sub-section (2) shall, for the

purposes of audit, have such rights, privileges and authority as may be

prescribed.

(4) The Member-Secretary shall cause the audit report to be

printed and forward a printed copy thereof, to each member and shall

place such report before the Commission for consideration at its next

meeting.

(5) The Commission shall take appropriate action forthwith to

remedy any defect or irregularity that may be pointed out in the audit

report.

(6) The accounts of the Commission as certifi ed by the auditor

together with the audit report along with the remarks of the Commission

thereon shall be forwarded to the Government and shall cause to be

published in such manner, as may be prescribed.

(7) The Government may, by order in writing, direct the

Commission to take such action as may be specifi ed in the order to

remedy, within such time as may be specifi ed therein, the defects, if any,

disclosed in the audit report, and the Commission shall comply with such

direction.

13. The Commission shall prepare in such form and at such time, for

each fi nancial year, as may be prescribed, its annual report, giving a full

account of its activities during the previous fi nancial year and forward a

copy thereof to the Government.

Annual report.

14. The Government shall cause the annual report together with a

memorandum of action taken on the recommendations contained therein

in so far as they relate to the Government and the audit report to be laid,

as soon as may be, after the reports are received, before the Legislative

Assembly.

Annual report

and audit

report to be

laid before the

Legislative

Assembly.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

235

CHAPTER – V.

MISCELLANEOUS.

Central Act XLV

of 1860.

15. The Chairperson, the Vice-Chairperson, Members, offi cers

and employees of the Commission, when acting or purporting to act in

pursuance of any of the provisions of this Act, or any rule or order or

direction made or issued under this Act, shall be deemed to be public

servants within the meaning of section 21 of the Indian Penal Code.

Chairperson,

Vice-

Chairperson,

Members,

Offi cers and

employees of

Commission

to be public

servants.

16. No suit, prosecution or other legal proceeding shall lie against

any Member of the Commission or any offi cer or other employee of

the Commission or any person acting under the direction either of the

Government or of the Commission, in respect of anything which is in good

faith done or intended to be done in pursuance of this Act or any rule,

order or direction made or issued thereunder.

Protection of

action taken in

good faith.

17. (1) The Government may make rules for carrying out all or any of

the purposes of this Act.

Power to make

rules.

(2) In particular, and without prejudice to the generality of the

foregoing power, such rules may provide for all or any of the following

matters, namely:—

(a) the honorarium and allowances payable to, and other

terms and conditions of service of, the Chairperson, the Vice-Chairperson

and Members under sub-section (4) of section 4 and the salaries and

allowances payable to, and other terms and conditions of service of, the

offi cers and other employees under sub-section (2) of section 7;

(b) the form and the manner in which the accounts and the

form in which the annual statement of accounts, shall be prepared under

sub-section (1) of section 12;

(c) the form in which, and the time at which the annual report

shall be prepared under section 13;

(d) in such manner and the intervals at which periodical

reports are to be sent by the Commission to the Government;

(e) any other matter which is required to be, or may be,

prescribed under this Act.

(3) (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 date on which

they are so published.

(b) All rules, notifi cations or orders issued under this Act

shall, unless they are expressed to come into force on a particular day,

shall come into force on the date on which they are so published.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(4) Every rule made or notifi cation or order 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 makes

any modifi cation in any such rule, notifi cation, or order, or the Legislative

Assembly decides that the rule, notifi cation, or order should not be made

or issued, the rule, notifi cation, or order shall, thereafter, have eff ect only

in such modifi ed form or be of no eff ect, as the case may be, so, however,

that any such modifi cation or annulment shall be without prejudice to the

validity of anything previously done under that rule, notifi cation or order.

Statements made

by persons to

Commission.

18. No statement made by a person in the course of giving evidence

before the Commission or any offi cer or agency or the person referred

to in section 9, shall subject him to, or be used against him, in any civil

or criminal proceeding except a prosecution for giving false evidence by

such statement:

Provided that the statement—

(a) is made in reply to a question which is required by the

Commission or such offi cer or agency or such person to answer, or

(b) is relevant to the subject matter under investigation.

Application of

other laws not

barred.

19. Save as otherwise provided in this Act, the provisions of this Act

shall be in addition to, and not in derogation of, any other law for the time

being in force.

Power to remove

diffi culties.

20. If any diffi culty arises in giving eff ect to the provisions of this Act, the

Government may, by an order, published in the Tamil Nadu Government

Gazette, make such provisions not inconsistent with the provisions of this

Act, as appear to them to be necessary or expedient for removing the

diffi culty:

Provided that no such order shall be made after the expiry of a period

of two years from the date of the commencement of this Act.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

237

STATEMENT OF OBJECTS AND REASONS.

To Safeguard the welfare of Scheduled Castes and Scheduled Tribes and to protect and develop their

economic and social well being, the Government have decided to constitute a commission, with such powers

and functions as may be necessary for the purpose.

The Bill seeks to give eff ect to the above decision

N. KAYALVIZHI SELVARAJ,

Minister for Adi Dravidar Welfare.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clauses 1(3),3(1),4(4),7(2),8(e),9(f),12(1)(3)(6) and (7),13, 17 and 20 of the Bill empower the Government

to issue notifi cations or to pass orders or to make rules, as the case may be, for the purposes specifi ed therein.

2. The powers delegated are normal and not of an exceptional character.

N. KAYALVIZHI SELVARAJ,

Minister for Adi Dravidar Welfare.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

239

FINANCIAL MEMORANDUM

The Tamil Nadu State Commission for Scheduled Castes and Scheduled Tribes Bill, 2021 which when

enacted and brought into operation would involve expenditure from the Consolidated Fund of State in the

implementation of the Act. It is however not possible at this stage to estimate with any degree of accuracy the

expenditure to be incurred as a result of the proposed legislation.

N. KAYALVIZHI SELVARAJ,

Minister for Adi Dravidar Welfare.

Chennai,

K. SRINIVASAN,

9th September 2021.

Secretary.

PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU