L.A. Bills No.41 of 2021 to 46 of 2021 (English)

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© GOVERNMENT OF TAMIL NADU 2021

[Regd. No. TN/CCN/467/2012-14. [R. Dis. No. 197/2009. [Price: Rs. 8.80 Paise.

No. 413] CHENNAI, MONDAY, SEPTEMBER 13, 2021 Aavani 28, Pilava, Thiruvalluvar Aandu-2052

Part IV—Section 1

Tamil Nadu Bills

CONTENTS

Pages.

BILLS:

No. 41 of 2021--The Tamil Nadu Payment of Salaries (Amendment) Act, 2021.. 242-244 No. 42 of 2021--The Bharathiar University (Amendment) Act, 2021.. 245-246 No. 43 of 2021--The Tamil Nadu Admission to Undergraduate Medical Degree Courses Act, 2021. .. .. .. 247-252 No. 44 of 2021--The Tamil Nadu Religious and Charitable Endowments

(Amendment) Act, 2021. .. .. .. 253-254 No. 45 of 2021--The Tamil Nadu Religious and Charitable Endowments

(Second Amendment) Act, 2021. .. .. .. 255-256 No. 46 of 2021--The Tamil Nadu Appropriation (No. 2) Act, 2021. .. 257-262 Ex-IV-1-413—E

[241]242 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 13th September, 2021 is published together with Statement of Objects and

Reasons for general information:—

L.A. Bill No. 41 of 2021

A Bill further to amend the Tamil Nadu Payment of Salaries Act, 1951.

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 Payment of Salaries

(Amendment) Act, 2021.

Short title and commence- ment.

(2) Sub-sections (1) and (4) of Section 2 and Section 4 shall come into force at once and all the remaining sections shall be deemed to have come into force on the 1st day of April 2020.

2. In Section 12 of the Tamil Nadu Payment of Salaries Act, 1951 (hereinafter

Amendment of Section 12. referred to as the principal Act),—

Tamil Nadu Act XX of 1951.

(1) sub-section (2-A) shall be omitted.

(2) for sub-section (2-AA), the following sub-section shall be substituted,

namely: —

"(2-AA) Where any Member of the Legislative Assembly dies before the expiry of the term of his offi ce, his family shall be paid a lump-sum allowance of fi ve lakh rupees.".

(3) for sub-section (2-B) excluding the Explanation thereunder, the following

sub-section shall be substituted, namely: —

"(2-B) The lump-sum allowance payable under sub-section (2-A A) shall be paid

to the members of the family in equal shares.".

(4) in sub-section (4-A), after clause (a), the following proviso shall be added,

namely: —

"Provided that in case of air conditioned sleeper buses, the spouse or companion

of such member shall be provided seating facility only.".

Amendment of Section 12-B.

3. In Section 12-B of the principal Act, in sub-section (1), for the expression "twenty thousand rupees", the expression "twenty fi ve thousand rupees" shall be substituted.

4. In Section 12-C of the principal Act, after sub-section (1), the following

proviso shall be added, namely: —

Amendment of Section 12-C.

"Provided that in case of air conditioned sleeper buses, the spouse or companion

of such member shall be provided seating facility only.".

Validation. 5. Notwithstanding anything contained in the principal Act, all acts done or proceedings taken under the principal Act, for sanctioning of lump-sum allowance or pension during the period commencing on the 1st day of April 2020 and ending with the date of publication of this Act in the Tamil Nadu Government Gazette, shall be deemed to be validly done or taken in accordance with law as if the principal Act as amended by this Act, had been in force at all material times when such acts or proceedings were done or taken.

STATEMENT OF OBJECTS AND REASONS

On the 24th March 2020, the then Chief Minister made the following announcements on the fl oor of the Assembly,- (a) When any sitting member of the Legislative Assembly dies during the term of his offi ce, the lump sum allowance payable to his family will be enhanced from Rs. 2,00,000/- (Rupees Two lakhs only) to Rs. 5,00,000/- (Rupees Five lakhs only);

(b) Pension payable to former members of the Legislative Assembly and the Legislative Council will be enhanced from Rs. 20,000/- (Rupees Twenty thousand only) to Rs. 25,000/- (Rupees Twenty fi ve thousand only);

(c) The family pension payable to the legal heir of the deceased members of the Legislative Assembly and the Legislative Council will be enhanced from Rs.10,000/- (Rupees Ten thousand only) to Rs.12,500/- (Rupees Twelve thousand and fi ve hundred only);

(d) The above monetary benefi ts will be given with effect from the 1st April 2020;

(e) The sitting and former members of the Legislative Assembly and former members of the Legislative Council, while travelling along with his spouse or companion in any air conditioned bus by any Transport Corporation owned by the State Government, a sleeper facility shall be provided to such member and a seating facility shall be provided to the spouse or companion in that bus.

2. To give effect to the above announcements, the Government have decided to amend the Tamil Nadu Payment of Salaries Act, 1951 (Tamil Nadu Act XX of 1951) suitably.

3. The Bill seeks to give effect to the above decision.

M.K. STALIN, Chief Minister.

FINANCIAL MEMORANDUM

The Bill when enacted would involve expenditure from the consolidated fund of the State. 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.

M.K. STALIN, Chief Minister.

Chennai-600 009,

K. SRINIVASAN,

13th September 2021.

Secretary.

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 13th September, 2021 is published together with Statement of Objects and

Reasons for general information:—

L.A. Bill No. 42 of 2021

A Bill further to amend the Bharathiar University Act, 1981.

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:—

Short title and 1. (1) This Act may be called the Bharathiar University (Amendment)

commence- Act, 2021.

ment.

(2) It shall come into force at once.

Tamil Nadu

Amendment of Act 1 of 1982.

Section 24.

2. In Section 24 of the Bharathiar University Act, 1981, in clause (b), under the heading "Class II—Other Members.", after item (7), the following item shall be added,namely:—

"(8) Five members from among the Secretaries of the college committees of the affi liated private colleges (aided and self-fi nancing) nominated by the Government.".

STATEMENT OF OBJECTS AND REASON

Based on the orders of the Hon'ble High Court of Madras, dated 01.07.2019 in W.P.No.12478 of 2019 and W.M.P.No.12752 of 2019, the representation of Association of Self Financing Arts, Science and Management Colleges of Tamil Nadu to provide adequate representation in the Syndicate of the Bharathiar University was placed before the Syndicate. On careful consideration of the resolution of the Syndicate thereon dated 20.8.2019 and the proposal of the Registrar (i/c), Bharathiar University, the Government have decided to amend the Bharathiar University Act, 1981 (Tamil Nadu Act 1 of 1982) to include fi ve members from among the Secretaries of the college committees of the affi liated private colleges (aided and self-fi nancing) to be nominated by the Government. 2. The Bill seeks to give eff ect to the above decision.

D(cid:3482). K. PONMUDY, Minister for Higher Education.

Chennai-600 009,

K. SRINIVASAN,

13th September 2021.

Secretary.

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 13th September, 2021 is published together with Statement of Objects and

Reasons for general information:—

L.A. Bill No. 43 of 2021

A Bill to provide for admission to under graduate courses in Medicine, Dentistry, Indian Medicine and Homoeopathy on the basis of marks obtained in the qualifying examination.

WHEREAS the National Medical Commission Act, 2019 (Central Act 30 of

2019), the Dentists Act, 1948 (Central Act 16 of 1948), the Indian Medicine Central

Council (Minimum Standards of Education in Indian Medicine) Regulations, 1986

framed under the Indian Medicine Central Council Act, 1970 (Central Act 48 of

1970) and the Homoeopathy (Degree Course) Regulations, 1988 framed under

the Homoeopathy Central Council Act, 1973 (Central Act 59 of 1973) provide for

conduct of National Eligibility cum Entrance Test for admission to under graduate

courses in Medicine, Dentistry, Indian Medicine and Homoeopathy, respectively;

AND WHEREAS an High Level Committee was constituted under the

Chairmanship of Justice Thiru A.K. Rajan (retired Judge of the High Court of

Madras) to study whether the National Eligibility cum Entrance Test (NEET)

based admission process has adversely affected the social, economic and federal

polity and the students of rural and urban poor, those who studied in Tamil Medium

and in Government schools or any other section of students in the State, and if

so, to suggest the steps to be taken to remove the impediments and to protect the

rights of the State for advancing the principles of Social Justice and also to fulfi l

the mandate of the Constitution to provide equal and equitable access to health to

all sections of the people of Tamil Nadu;

AND WHEREAS the High Level Committee was also required to study

whether the NEET is an equitable method of selection of students and also to

consider the effect of mushrooming NEET coaching centres on the educational

system in the State;

AND WHEREAS the High Level Committee, on making a detailed study on

the subject, has concluded that if NEET continues for a few more years, the health

care system of Tamil Nadu will be very badly affected and there may not be enough

doctors for being posted at Primary Health Centres or Government Hospitals and

that the rural and urban poor may not be able to join the medical courses;

AND WHEREAS the High Level Committee has recommended that the State

Government may undertake immediate steps to eliminate NEET from being used

in admission to Medical Programmes at all levels by following the required legal

and / or legislative procedures;

AND WHEREAS, from the report of the High Level Committee, it becomes

apparent that NEET is not a fair or equitable method of admission since it favours

the rich and elite section of the society;

AND WHEREAS the standard of medical education is no way diluted or

affected merely by dispensing with the common entrance examination;

AND WHEREAS the State Government, after careful consideration of the

recommendation of the High Level Committee, with a view to ensure social justice,

have decided that admission to under graduate courses in Medicine, Dentistry,

Indian Medicine and Homoeopathy in the State shall be made only based on

the marks obtained in the qualifying examination, namely, the Higher Secondary

Examination (Plus Two);

B(cid:3469) it enacted by the Legislative Assembly of the State of Tamil Nadu in the

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

Short title and

1. (1) This Act may be called the Tamil Nadu Admission to Undergraduate

commence- Medical Degree Courses Act, 2021.

ment.

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

by notifi cation, appoint.

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

Defi nitions.

(a) "appropriate authority" means a University or an authority authorised

by the Government to select and allot students for admission to M.B.B.S., B.D.S.,

B.S.M.S., B.A.M.S., B.U.M.S. and B.H.M.S. courses;

(b) "educational institution" means any college or an institution, by

whatever name called, including minority institution, conducting M.B.B.S., B.D.S.,

B.S.M.S., B.A.M.S., B.U.M.S. and B.H.M.S. courses, approved or recognised by

the competent statutory body and affi liated to a University;

(c) "Government" means the State Government;

(d) "Government seats" mean,—

(i) all the seats in M.B.B.S., B.D.S., B.S.M.S., B.A.M.S., B.U.M.S.

and B.H.M.S. courses in Government Colleges, excluding the seats reserved for

'All India quota';

(ii) 65 per cent. of seats in M.B.B.S., B.D.S., B.S.M.S., B.A.M.S.,

B.U.M.S. and B.H.M.S. courses in non-minority educational institutions and

50 per cent. of seats in minority educational institutions or the seats as arrived at

in accordance with the consensus between such institutions and the Government;

(e) "Government schools" mean and includes Government schools,

Corporation schools, Municipal schools, Adi Dravidar and Tribal Welfare schools,

Kallar Reclamation schools, Forest Department schools and other schools

managed by Government departments;

(f) "minority educational institution" means the educational institution

recognized or declared as such by the Government, subject to such conditions as

may be prescribed;

(g) "private school" means a school which is not a Government school;

(h) "qualifying examination" means the examination conducted by the

Board of Higher Secondary Examination, Tamil Nadu, at the Higher Secondary

(Plus Two) level or any equivalent examination conducted by the Central Board of

Secondary Education or the Board of any other State or any other authority;

(i) "relevant subjects" mean the subjects as may be prescribed for

admission to M.B.B.S., B.D.S., B.S.M.S., B.A.M.S., B.U.M.S. and B.H.M.S.

courses;

(j) "State Board" means the Board of Higher Secondary Examination,

Tamil Nadu;

(k) "students studied in Government schools" mean children who have

studied from sixth standard to higher secondary course in a Government school.

Explanation.— For the purpose of this defi nition, children belonging

Central Act 35 of to weaker section and disadvantaged group who have studied upto eighth

2009.

standard in a Specifi ed category school or an unaided school, as per clause (c) of

sub-section (1) of section 12 of the Right of Children to Free and Compulsory

Education Act, 2009 and studied all remaining standards up to higher secondary

course in a Government school shall be deemed to be 'students studied in

Government schools';

(l) "University" means a University established or incorporated by an

Act of the State Legislature.

3. Notwithstanding anything contained in any other law or any rules, Admission to regulations, notifi cations or by-laws made thereunder, admission to every Government Government seat shall be made by the appropriate authority on the basis of the seat.

marks obtained by a student in the relevant subjects in the qualifying examination.

4. (1) The marks obtained by the students in the relevant subjects in Normalisation of the qualifying examination conducted by various Boards or Authority shall be marks.

equated with the marks obtained by the students in the same subjects in the

qualifying examination conducted by the State Board, by adopting the method of

normalisation.

Explanation.— Under the method of normalisation, the highest marks

obtained by the students of various Boards in each subject shall be equated to

the highest marks obtained by the students of the State Board in that subject and

the relative marks obtained by other students in that subject shall be determined

accordingly.

Illustration.— If the highest mark secured by the student of the

State Board in Physics is 100 and the highest mark secured by the student of any

other Board in the same subject is 96, both the highest marks will be considered to

be equal to 100. If a student of the other Board secures 80 marks in Physics when

the fi rst mark in Physics in the same Board is 96, the 80 marks will be considered

to be equal to 83.33 marks as arrived at below:—

100 X 80

----------- = 83.33%

96

(2) After normalisation of marks in the relevant subjects in the qualifying

examination conducted by different Boards, the qualifi ed students of different

Boards shall be merged into a common merit list.

(3) In cases where more than one student have got the same marks in

the common merit list, the inter-se merit among such students shall be determined

in such manner as may be prescribed by the rules made under this Act.

(4) The appropriate authority shall prepare the rank lists for admission

of students to the Government seats and allot students through centralised

counselling.

5. Admission to Government seats shall be made following the rule of Reservation to reservation as per the law in force.

apply.

6. Notwithstanding anything contained in any law for the time being in force Admission on and subject to section 5, seven and a half per cent of the Government seats shall preferential be set apart on preferential basis to students studied in Government schools.

basis.

Right to compete

7. Students studied in Government schools shall also be entitled to compete

for other seats for the Government seats, other than those set apart on preferential basis, along

not to be af- with the students who studied in private schools.

fected.

Filling up of pref-

8. Notwithstanding anything contained in section 6, where adequate number

erential seats. of students studied in Government schools are not available for admission to the

seats set apart on preferential basis, such unfi lled seats shall be fi lled up with the

students who studied in private schools.

Admission made

9. Notwithstanding anything contained in any other law for the time being in

in violation of force, any admission made in violation of the provisions of this Act or the rules

Act.

made thereunder shall be void.

Penalty. 10. (1) Whoever contravenes the provisions of this Act or the rules made

thereunder shall be punishable with fi ne which may extend to ten lakh rupees.

(2) The Government may, if they are satisfi ed that any educational

institution has violated any of the provisions of this Act, recommend to the

concerned University or statutory body for withdrawal of affi liation or recognition of

such institution or for any other course of action as they deem fi t.

Protection of

11. No suit, prosecution or other legal proceedings shall lie against the

action taken in appropriate authority, Government or its Offi cers for anything which is in good faith

good faith.

done or intended to be done under this Act or any rule or order made thereunder.

Power to give

12. The Government may, from time to time, issue such directions as it may

directions.

deem fi t for giving eff ect to the provisions of this Act.

Power to remove

13. If any diffi culty arises in giving effect to the provisions of this Act, the

diffi culties.

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 two years from

the date of commencement of this Act.

Power to make

14. (1) The Government may make rules for carrying out the purposes

rules.

of this Act.

(2) (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 notifi cations 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.

(3) 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 Assembly makes any modifi cation in any such

rule or notifi cation or order, or the Assembly decides that the rule or notifi cation or

order should not be made or issued, the rule or notifi cation or order shall thereafter

have effect only in such modifi ed form or be of no effect, 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 or notifi cation or order.

STATEMENT OF OBJECTS AND REASONS

On and from the academic year 2017-2018, admission to all medical education institutions throughout the country at the under graduate and post graduate level is based on the marks obtained in the uniform entrance examination i.e. National Eligibility-cum-Entrance Test (NEET). A detailed study, whether the National Eligibility-cum-Entrance Test (NEET) based admission process has adversely affected the Social, Economic and Federal Polity and the students of rural and urban poor, those who studied in Government Schools, those who studied in Tamil Medium or any other section of students in Tamil Nadu, was undertaken by a High Level Committee and the Committee in its fi nding has reported that the NEET has clearly undermined the diverse societal representation in MBBS and higher medical studies, favouring mainly the affordable and affl uent segment of the society while equally thwarting the dream of pursuing medical education by the underprivileged social groups. The analysis in multiples of dimensions related to Socio Economic and Other Demographic Status (SEODS) of those who have competed for medical education has proved this fact. In particular, the NEET has deserted the representation of the social and other demographic groups having low Socio Economic and Other Demographic Status (SEODS) in medical education. Those social groups which were mostly affected were the students of Tamil medium, having rural background of Government schools those having parental income less than 2.5 Lakhs per annum and the socially depressed and disadvantaged groups like Most Backward Classes, Scheduled Castes, and Scheduled Tribes. Therefore, the Committee concludes that the NEET is against these disadvantaged groups. The NEET does not seem to ensure merit or standard of the students being offered MBBS under its purview. The fi ndings indicate that the NEET has only enabled and empowered comparatively the low performing (in NEET scores and HSc scores) students to get admission to MBBS. Therefore, the question of NEET ensuring quality and merit of the students is to be ruled out. Comparatively, it has been observed that the HSc marks based on which admissions were offered during the pre-NEET period ensured entry of quality and meritorious students. The Committee has recommended, among others that the State Government may pass an Act, similar to that of the Tamil Nadu Admission in Professional Educational Institutions Act, 2006 (Tamil Nadu Act 3 of 2007) indicating the need for elimination of NEET at all levels of Medical Education and get the President's assent for the same. This will ensure social justice and protect all vulnerable student communities from being discriminated in admission to medical education programmes.

2. It is evident from the Commission's report that NEET is not an equitable method of admission. The experience of the past four years of NEET has shown that the exam has shattered the hopes and dreams of Tamil Nadu students aspiring for admissions to medical and dental courses, particularly, students from the socially and economically backward classes. The extra examination which students are compelled to face, other than the qualifying examination has caused huge fi nancial burden to the students from socially and economically backward classes. It festers inequality, as it favours the rich and more privileged class of society who are able to afford special coaching, apart from pursuing Class XII. It virtually barricades the underprivileged social groups from medical and dental education. This is against the very object of the equality clause enshrined in the Constitution, and it also infringes the right to education of the children from these underprivileged class of society. Further, these students from the affl uent class, after the under graduate course, do not serve in the rural areas. They often pursue post graduate course abroad. Thus, the number of serving doctors in the State is declining. It is also spurious to suggest that NEET improves the standard of medical education. The standard of medical education is maintained during the under graduate course by following the syllabus and curriculum prescribed by the National Medical Commission and exams conducted by the University before awarding the degree. Students who are not able to pass the university exams are not awarded degrees. Therefore, it is not during admission stage that the standard of medical education is maintained. Further, even before 2017, Tamil Nadu had one of the highest numbers of medical and dental educational institutions and the standard of medical and dental professional graduating from these institutions were of high mettle. Therefore, merely because admission is done on the basis of a qualifying examination, in this State, it would in no way lower the standard of education since the higher secondary syllabus is of a suffi cient standard. Furthermore, if the marks are adjusted through a normalisation method, it would provide a just, fair and equitable method of admission. Admissions to medical education courses are traceable to entry 25 of List III, Schedule VII of the Constitution of India. Therefore, the State is competent to regulate the same against the underprivileged social groups. The Government, after careful consideration of the recommendation of the High Level Committee, have decided to enact a law to dispense with the requirement of National Eligibility cum Entrance Test for admission to the undergraduate medical degree courses and to provide admission to the said courses on the basis of the marks obtained in the qualifying examination, through normalisation methods, in order to ensure social justice, uphold equality and equal opportunity, protect all vulnerable student communities from being discriminated, and bring them to the mainstream of medical and dental education, and in turn to ensure a robust public health care across the State particularly the rural areas.

3. The Bill seeks to give effect to the above decision.

MA. SUBRAMANIAN, Minister for Health & Family Welfare.

MEMORANDUM REGARDING DELEGATED LEGISLATION.

Clauses 1(2), 4(3), 12, 13 and 14 of the Bill authorise the Government to make rules or to issue notifi cations or orders, as the case may be, for the purposes specifi ed therein.

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

MA. SUBRAMANIAN, Minister for Health & Family Welfare.

Chennai-600 009,

K. SRINIVASAN,

13th September 2021.

Secretary.

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 13th September, 2021 is published together with Statement of Objects and

Reasons for general information:—

L.A. Bill No. 44 of 2021

Chennai-600 009,

K. SRINIVASAN,

13th September 2021.

Secretary.

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 13th September, 2021 is published together with Statement of Objects and

Reasons for general information:—

L.A. Bill No. 45 of 2021

STATEMENT OF OBJECTS AND REASONS

Chennai-600 009,

K. SRINIVASAN,

13th September 2021.

Secretary.

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 13th September, 2021 is published together with Statement of Objects and

Reasons for general information:—

L.A. Bill No. 46 of 2021

Chennai-600 009,

K. SRINIVASAN,

13th September 2021.

Secretary.

PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU