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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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(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