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Law Department
Policy Note - 2003 – 2004
Demand No. 32
1. INTRODUCTION
Law is to render justice to society. Law Department of this Government is framing various enactments to implement policies of the Government aimed at welfare of the society.
One of the main roles of Law Department is advisory in nature. Law Department offers legal advice on the issues referred to it by all the departments of Secretariat including Legislative Assembly Secretariat.
Wherever Legislation is necessary to implement the policy decision of the Government, the Law Department, puts them into legal shape in the form of draft Bill with coordination between the concerned administrative departments.
On passage of the Bill by the Legislative Assembly, Law department pursues further action till it is published as Act after assent by the Governor or the President, as the case may be. Where there is urgent need to make law when the Legislative Assembly is not in session and is prorogued, Ordinance is promulgated under Article 213 of the Constitution. It is Law department which prepares the draft Ordinances for the purpose and pursues further action till the publication of the Ordinance promulgated.
The statutory rules, notifications and orders and the deeds wherein the State Government is a party are scrutinized with reference to the relevant legal provisions and settled by the Law department.
In all litigations wherein the State Government is a party, the draft affidavits, draft counter affidavits, reply affidavits, etc. are scrutinized and settled by the Law Department.
Law Department is also dealing with the following subjects:-
(1) Appointment and Removal of Notaries
(2) State Official Language (Legislative) Wing
(3) State Law Commission
(4) Legal Studies
(5) Tamil Nadu Dr. Ambedkar Law University
(6) Re-Publication and Reprinting of Acts.
APPOINTMENT AND REMOVAL OF NOTARIES:
For the purpose of attesting the negotiable instruments and for all recognized notarial purposes, notaries are appointed under the Notaries Act, 1952. Wherever there is need for appointment of Notaries, the District Judges concerned make recommendations to the Government in Law Department for appointment of Advocates having sufficient standing in the Bar as Notaries. The Law Department, after considering the recommendation of the District Judge appoints the Advocate as Notary and issues Certificate of Practice with the sign and seal of the Secretary to Government, Law Department. Whenever misconduct of the Notaries are brought to the notice of the Government, immediate action is taken by Law Department for the removal of their names from the Notaries list after due enquiry. There are 1779 Notaries in this State as on 31.03.2003.
STATE OFFICIAL LANGUAGE (LEGISLATIVE) WING:
State Official Language (Legislative) Commission was originally constituted in the year 1965 to finalise and publish the glossary of legal terms, to undertake translation of Central and State Acts, Ordinances and the Rules and Notifications made thereunder into Tamil and any other work which may be entrusted to the Commission by the Government from time to time. The said Commission was last reconstituted in the year 1989.
2. The State Official Language (Legislative) Commission has been departmentalised in the year 1992 as a Wing of the Law Department headed by an Additional Secretary to Government, Law Department under the overall control and supervision of the Secretary to Government, Law Department. The Official Language (Legislative) Wing is translating the Central Acts and the State Acts into Tamil.
3. As the Government is keen in expediting the translation of the Acts, both Central and State, it has been decided that the work of translation of these Acts into Tamil may be entrusted to the Law College Teachers also, in addition to their normal work. Adequate additional remuneration will be paid to the Law College Teachers for undertaking the translation work. The translated version of the Law College teachers will be scrutinized and finalised by a Committee consisting of the Additional Secretary to Government, Law Department and experienced Officers of the Official Language (Legislative) Wing. The expenditure for translation and printing of Central Acts is reimbursed by the Government of India. Out of 103 Tamil translation of the Central Acts which have been sent to the Government Central Press for printing of diglot Edition (Tamil-English), 60 Acts have been completed and received from the Government Central Press. The Government have taken necessary action to bring out 43 remaining Tamil translation of the Central Acts in the book form. The expenditure for translation and printing of State Acts is incurred by the State Government.
STATE LAW COMMISSION:
The State Law Commission consists of-
(1) Chairman
(2) Two full Time Members
(3) Two Part Time Members
(4) One Full Time Member-Secretary
The functions of the State Law Commission are to examine each and every law that was enacted during the British regime and laws that were enacted subsequently and give its opinion whether they are suitable or not to the present day situation and also to suggest modifications or amendments to those Laws, to the Government.
The State Law Commission further examines whether the State Laws are in consonance with the various decisions of the Supreme Court and the High Courts and recommends changes that should be made in those laws.
The State Law Commission shall also -
(1) suggest suitable modifications or amendments to the existing laws;
(2) suggest suitable social and economic legislative measures;
(3) suggest ways and means for the inter-state relations and Centre-State relations;
(4) make suggestions and recommendations for better and expeditious procedures, in relation to judicial and administrative reforms; and
(5) suggest modifications not only to State Laws but also to Central Laws having application to this State.
The State Law Commission has so far submitted Seven Reports on the subjects specified below:-
(1) |
"Unrepealed Tamil Nadu Regulations" enacted during the British Regime. |
(2) |
Central Laws having local application in Tamil Nadu. |
(3) |
"Rendering of Justice to the Villagers" in terms of the Tamil Nadu Village Courts Act, 1884. |
(4) |
Tamil Nadu Court-fees and Suits Valuation Act, 1955. |
(5) |
Tamil Nadu General Clauses Act, 1867 and 1891. |
(6) |
Tamil Nadu Prohibition of Eve-teasing Act, 1998. |
(7) |
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. |
LEGAL STUDIES:
With a view to improve the standard of legal education, the Department of Legal Studies was created in 1953 in the State.
At present, the Government Law Colleges are functioning at Chennai, Madurai, Tiruchirappalli, Coimbatore and Tirunelveli. These Colleges are now affiliated to the Tamil Nadu Dr. Ambedkar Law University. The Government have raised the standard of the Dr. Ambedkar Government Law College, Chennai to the level of the National Law School of India, Bangalore. The B.A.B.L. (Hons.) Course has been commenced from the Academic Year 2002-2003 and classes are conducted for the same.
Consequent on the raising of the standard of Dr. Ambedkar Government Law College, Chennai, the Government have sanctioned additional seats for 5 year and 3 year Law Courses in other Law Colleges with a view to ensure that the total intake for the above courses are not affected.
The Total Number of seats in the various Law Courses in the Government Law Colleges are as follows:-
B.L. Degree Course |
3 Year |
5 Year |
Total |
Government Law College, Tiruchirappalli |
200 |
160 |
360 |
Government Law College, Coimbatore |
200 |
160 |
360 |
Government Law College, Tirunelveli. |
200 |
160 |
360 |
TOTAL |
600 |
480 |
1080 |
Total Number of Students studying in five Government Law Colleges (3 Years, 5 Years and Post Graduates)
Chennai |
1806 |
Madurai |
1428 |
Tiruchirappalli |
936 |
Coimbatore |
936 |
Tirunelveli |
680 |
Total |
5792 |
Total Number of Applications received for 3 year Law Course and 5 year Law Course for 1432 seats in the academic year 2002-2003 : 21,188
Financial assistance is given to the students studying in various Government Law Colleges to enable them to participate in moot court competitions. Book Bank Scheme is available in the Law Colleges at Chennai, Madurai and Tiruchirappalli for the benefit of students.
Computer Education has been introduced in all Government Law Colleges.
Free Legal Aid Clinics are functioning in Government Law Colleges to help the poor and downtrodden people who are in need of Legal Aid.
All the Government Law Colleges are functioning in their own buildings. Hostels for women students are available in Dr. Ambedkar Government Law College, Chennai, Government Law College, Madurai and Government Law College, Coimbatore.
The Government have sanctioned a sum of Rs.71.75 Lakhs for the construction of women's hostel at Tiruchirappalli Law College and the construction has been completed. This hostel can accommodate 70 girl students and it will function shortly.
TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY:
Five Government Law Colleges functioning in Chennai, Madurai, Tiruchirappalli, Coimbatore and Tirunelveli and one private Law college at Salem are affiliated to the Tamil Nadu Dr. Ambedkar Law University.
The Tamil Nadu Dr. Ambedkar Law University will be introducing two new full time Post Graduate Courses from the academic year 2003-2004.
(1) Business Law
(2) Constitution and Legal Order
The following Distance Education Programmes will be offered by the Tamil Nadu Dr. Ambedkar Law University from the academic year 2003-2004:
(i) The Post Graduate Diploma Course in General Insurance
(ii) Post Graduate Diploma Course in Intellectual Property Rights
(iii) Post Graduate Diploma Course in Labour Laws
(iv) B.A.L. (Bachelor of Administrative Laws) Degree Course
With a view to update the knowledge of the teaching faculty members and to improve their teaching skills, the University is organising Seminars, Symposia and Workshops periodically.
Republication and Reprinting of Acts:
All Central Acts, Bills and Ordinances are republished in the Tamil Nadu Government Gazette by the Law Department for information of general public. Tamil Nadu Acts with uptodate amendments are reprinted in book form by this department to meet the requirements of the administrative departments and for sale to general public.
Detailed List of Part-II Schemes for the year 2003-2004
|
|
Ultimate Cost |
Cost in 2003-2004 |
|
|
Recurring Expenditure |
Non Recurring Expenditure |
Total |
Expenditure on Revenue Account |
Expenditure on Capital Account |
Expenditure on Loan Account |
Total |
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
|
|
|
|
|
|
|
|
|
1. |
Computerisation of Law Department |
0.00 |
5.00 |
5.00 |
5.00 |
0.00 |
0.00 |
5.00 |
|
|
|
|
|
|
|
|
|
2. |
Purchase of latest Law Books, unreported Case Laws, etc. for Law Department Library. |
0.00 |
1.50 |
1.50 |
1.50 |
0.00 |
0.00 |
1.50* |
3. |
Purchase of software, giving training to officers, etc. |
0.00 |
5.00 |
5.00 |
5.00 |
0.00 |
0.00 |
5.00 |
4. |
Establishing Computer Lab in Dr. Ambedkar Law College, Chennai. |
0.00 |
7.50 |
7.50 |
7.50 |
0.00 |
0.00 |
7.50 |
5. |
Purchase of Library Books for all Government Law Colleges |
0.00 |
5.00 |
5.00 |
5.00 |
0.00 |
0.00 |
5.00 |
6. |
Construction of Residential Quarters for the Deputy Warden of the Hostel in the Government Law College, Coimbatore. |
0.00 |
8.00 |
8.00 |
0.00 |
8.00 |
0.00 |
8.00 |
7. |
Construction of Residential Quarters for the Deputy Warden of the Hostel in the Government Law College, Trichirappalli. |
0.00 |
8.00 |
8.00 |
0.00 |
8.00 |
0.00 |
8.00 |
8. |
Creation of Legal Awareness among the general public. |
0.00 |
1.00 |
1.00 |
1.00 |
0.00 |
0.00 |
1.00 |
9. |
Construction of building for Law University. |
0.00 |
55.00 |
55.00 |
0.00 |
55.00 |
0.00 |
55.00 |
10. |
Purchase of Books for Law University. |
0.00 |
5.00 |
5.00 |
5.00 |
0.00 |
0.00 |
5.00 |
|
TOTAL: |
0.00 |
101.00 |
101.00 |
30.00 |
71.00 |
0.00 |
101.00 |
|
Total - As approved by Standing Finance Committee |
0.00 |
101.50 |
101.50 |
30.50 |
71.00 |
0.00 |
101.50 |
* Approved with a total amount of Rs.2.00 lakhs by the Standing Finance Committee.
D.Jayakumar.
Minister for Law & Information Technology.
[Policy Notes]
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