Acts: No. 16 of 2021—The Tamil Nadu Clinical Establishments (Regulation) Amendment Act, 2021 and No. 17 of 2021—The Tamil Nadu State Commission for the SC & ST Act - 2021

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gOverNmeNt Of tamiL NadU

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

[R. Dis. No. 197/2009.

[Price: Rs. 4.00 Paise.

No. 433] cheNNai, wedNesday, september 22, 2021 purattasi 6, pilava, thiruvalluvar aandu–2052

Part IV—Section 2

Tamil Nadu Acts and Ordinances

CONTENTS

Pages.

acts:

No. 16 of 2021—the tamil Nadu clinical establishments (regulation)

amendment act, 2021. .. .. .. .. ..

102 No. 17 of 2021— the tamil Nadu state commission for the scheduled

castes and scheduled tribes act, 2021. .. .. .. 103-110 ex-iv-2—433--1

[101]Tamil nadu governmenT gazeTTe exTraordinary 102 the following act of the tamil Nadu Legislative assembly received the

assent of the governor on the 22nd september 2021 and is hereby

published for general information:—

ACT No. 16 OF 2021.

A Bill further to amend the Tamil Nadu Clinical Establishments

(Regulation) Act, 1997.

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 clinical

short title and commencement establishments (regulation) amendment act, 2021.

(2) it shall come into force at once.

tamil Nadu act amendment of

2. in section 2-d of the tamil Nadu clinical establishments (regulation)

4 of 1997.

section 2-d. act, 1997, in sub-section (2), after clause (a), the following clause shall be,

inserted, namely:-

"(aa) the deputy director of public health and preventive medicine in

the district;".

(by order of the governor)

c. gOpi ravikUmar, Secretary to Government (Legislation),

Law Department.

the following act of the tamil Nadu Legislative assembly received the assent

of the governor on the 22nd september 2021 and is hereby published for

general information:—

ACT No. 17 OF 2021.

An Act 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;

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:—

CHAPTER – I.

PRELIMINARY.

1. (1) this act may be called the tamil Nadu state commission for the short title, scheduled castes and scheduled tribes act, 2021.

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

notification, appoint.

2. in this act, unless the context otherwise requires,— Definitions.

(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.

CHAPTER – II.

TAMIL NADU STATE COMMISSION FOR SCHEDULED CASTES AND

SCHEDULED TRIBES.

constitution of 3. (1) The Government shall, by notification, constitute a body to be known

commission.

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) five 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 officers 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-

Term of office

and conditions Chairperson and every Member of the Commission shall hold office for such

of service of

period, not exceeding three years and shall be eligible for re-nomination for a

chairperson,

second term:

vice-

Provided that the Chairperson shall hold office as such till the date on which

chairperson

and members. he attains the age of seventy years and the vice-chairperson and the other

Members shall hold office as such till the date on which they attain the age of

sixty-five years:

provided further that if the chairperson is by reason of absence or for any

other reason, unable to perform the duties of his office, 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 office 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

office of the Chairperson, the Vice-Chairperson or Member, as the case may be,

but shall continue in office until his resignation is accepted by the Government.

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

Government shall remove a person from office 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

offence which, in the opinion of the Government, involves moral turpitude; orTamil nadu governmenT gazeTTe exTraordinary 105 (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 office detrimental to the interest of the

scheduled castes and scheduled tribes:

Provided that no Member shall be removed from his office 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.

procedure to be 5. (1) the commission shall meet as and when necessary at least once in

regulated by three months, and shall meet at such time and place as the Chairperson may think

commission. fit.

(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 Officer of the Commission duly authorised by

the member-secretary in this behalf.

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

vacancies,

invalid on the ground merely of the existence of any vacancy in, or defect in the

etc., not to

constitution of, the commission, or any defect in the nomination of a person acting

invalidate

as the chairperson or the vice-chairperson or a member or any irregularity in

proceedings of

the procedure of the commission, including in issuing of notice for holding of a

commission.

meeting, not affecting the merits of the matter.

7. (1) the government shall provide the commission with such number of

Officers

officers and employees as may be necessary for the efficient performance of the

and other

functions of the commission under this act.

employees of

commission.

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

conditions of service of, the officers and other employees of the Commission shall

be such as may be prescribed.

(3) The officers and employees referred to in sub-section (1) shall be

under the administrative control of the chairperson.

CHAPTER – III.

FUNCTIONS OF THE COMMISSION.

8. the functions of the commission shall be as follows,— functions of

commission.

(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,

central act 22 of

1955 and the scheduled castes and the scheduled tribes (prevention of atrocities)

1955.

act, 1989 and the rules made thereunder or abetment thereof;

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 indifferent 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 central act 22 of

1955. a person as stipulated, in the protection of civil rights act, 1955 and the scheduled

central act 33 of castes and the scheduled tribes (prevention of atrocities) act, 1989 or in any

1989. 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;

(d) make recommendations with a view to ensure effective implementation

central act 22 of and enforcement of all safeguards under the protection of civil rights act, 1955

1955. and the scheduled castes and the scheduled tribes (prevention of atrocities) act,

central act 33 of 1989 or any other law for the time being in force;

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 specific 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

central act 22 of protection of civil rights act, 1955 and the scheduled castes and the scheduled

1955. tribes (prevention of atrocities) act, 1989 and to promote awareness of the

central act 33 of safeguards available for the protection of these rights through publications, media,

1989. seminars and other available means;

(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;

(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 effective or has not been streamlined and recommend

executive or legislative measures to be undertaken;

(k) encourage the efforts of non-governmental organizations and

institutions working, in the field 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 conflicting 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.

9. the commission shall, while discharging any of the functions under powers of

commission.

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

central act v of

procedure, 1908 and, in particular, in respect of the following matters, namely:—

1908.

(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 affidavits;

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

office;

(e) issuing commissions for the examination of witnesses and

documents; and

(f) any other matter which may be prescribed.

10. the government may consult the commission on major policy matters government

to consult affecting the Scheduled Castes and Scheduled Tribes.

commission.

CHAPTER – IV.

FINANCE, ACCOUNTS AND AUDIT.

11. (1) the government shall, after due appropriation made by the state grants by the

government. Legislature by law in this behalf, pay to the commission by way of grants such

sums of money as the Government may think fit, for being utilised for the purposes

of this act.

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

fit 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).

(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, officers and other employees

of the commission, shall be paid out of the grants referred to in sub-section (1).

12. (1) the accounts of the commission shall be maintained in such manner accounts and

audit.

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 certified 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 specified in the order to remedy, within such time as

may be specified therein, the defects, if any, disclosed in the audit report, and the

commission shall comply with such direction.

annual report. 13. the commission shall prepare in such form and at such time, for each

financial year, as may be prescribed, its annual report, giving a full account of

its activities during the previous financial year and forward a copy thereof to the

government.

14. the government shall cause the annual report together with a

annual report

and audit

memorandum of action taken on the recommendations contained therein in so far

report to be

as they relate to the government and the audit report to be laid, as soon as may

laid before the

be, after the reports are received, before the Legislative assembly.

Legislative

assembly.

CHAPTER – V.

MISCELLANEOUS.

15. The Chairperson, the Vice-Chairperson, Members, officers and employees

chairperson,

vice-

of the commission, when acting or purporting to act in pursuance of any of the

chairperson,

provisions of this act, or any rule or order or direction made or issued under this

members,

act, shall be deemed to be public servants within the meaning of section 21 of the

Officers and

central act XLv indian penal code.

employees of

of 1860.

commission

to be public

servants.

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

protection of

action taken in Member of the Commission or any officer or other employee of the Commission

good faith.

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.

Power to make

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

rules.

purposes of this act.

(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 officers 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, notifications 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.

(4) Every rule made or notification 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 modification in

any such rule, notification, or order, or the Legislative Assembly decides that the

rule, notification, or order should not be made or issued, the rule, notification, or

order shall, thereafter, have effect only in such modified form or be of no effect,

as the case may be, so, however, that any such modification or annulment shall

be without prejudice to the validity of anything previously done under that rule,

notification or order.

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

by persons to the Commission or any officer or agency or the person referred to in section 9,

commission.

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 officer or agency or such person to answer, or

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

19. save as otherwise provided in this act, the provisions of this act shall be application of

other laws not in addition to, and not in derogation of, any other law for the time being in force.

barred.

power to remove

20. If any difficulty arises in giving effect to the provisions of this

difficulties.

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 difficulty:

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.

(by order of the governor)

c. gOpi ravikUmar, Secretary to Government (Legislation),

Law Department.

priNted aNd pUbLished by the cOmmissiONer Of statiONery aNd priNtiNg, cheNNai ON behaLf Of the gOverNmeNt Of tamiL NadU