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Policy Note 2004-2005 Demand No. 32
I. INTRODUCTION Law is for humanity. Law reigns supreme in democracy. Law made by the representatives of the people should reflect the mind of the people and also their will. The Law has to be administered fairly, equally and effectively for the benefit of the entire community. Law is nothing but justice rendered to men by the voice of the Government. Law department of this Government frames various enactments keeping the above principles in mind and implement the policies of the Government, which are aimed at the welfare of the society. 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 in coordination with the administrative departments concerned. 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. Further, 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. Apart from this, 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) Legal Studies (2) Appointment and Removal of Notaries (3) State Law Commission (4) State Official Language (Legislative) Wing (5) Tamil Nadu Dr. Ambedkar Law University LEGAL STUDIES The Department of Legal Studies was established in the year 1953 with the object of improving the standard of Legal Education in the State of Tamil Nadu. After the creation of the Department, there has been an all-round improvement in the standard of Legal education in the State. The department continues to strive for further improvement. The Dr. Ambedkar Government Law College, Chennai was started in the year 1891. In the year 1974 another Law College was opened at Madurai and two more Law Colleges one each at Thiruchirappalli and Coimbatore, were opened during the academic year 1979-80. And one more Law College is functioning at Thirunelveli. Thus, there are five Government Law Colleges in the State of Tamil Nadu at present The total sanctioned strength in the Law Colleges in a academic year 2004-05 is furnished hereunder.
All the Government Law Colleges are functioning in their own buildings. Separate hostel facilities are available for both men and women students in Government Law Colleges in Chennai and Madurai. Further hostel facilities are available for men students in Coimbatore Government Law College and also hostel facilities are available for women students in Thiruchirappalli Government Law College. In order to enable the students to study Law in Tamil, necessary steps have been taken to publish all the text books in Tamil. Manuscript copies for all the subjects have been prepared and the Tamil Nadu Dr. Ambedkar Law University is arranging the printing and publishing of the books. Financial assistance to the extent of Rs.4.50 lakhs has been given to six students of Dr. Ambedkar Government Law College to participate in Moot Court Competitions in Vienna and Hong kong. 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. There are 1824 Notaries in this State as on 31.3.2004. During the past three years period 680 Advocates have been appointed as Notaries. 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 also 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 also examines whether the State Laws are in consonance with the various decisions of the Supreme Court and the High Courts and recommends wherever necessary, 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 fields; and (5) suggest modifications not only to State Laws but also to Central Laws having application to this State. The State Law Commission has 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. STATE OFFICIAL LANGUAGE (LEGISLATIVE) WING State Official Language (Legislative) Commission was 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 there under into Tamil and any other work which may be entrusted to the Commission by the Government from time to time. 2. The State Official Language (Legislative) Commission was departmentalised in the year 1992 as a Wing of the Law Department viz Official Language (Legislative) Wing. It is headed by an Additional Secretary to Government, Law Department. This wing functions under the overall control and supervision of the Secretary to Government, Law Department. A number of Central Acts and the State Acts have been translated into Tamil by this wing. However to expedite the translation of the Acts, both Central and State, into Tamil, the Government have entrusted the translation work to the Law College Teachers also in addition to their normal work. The translation made by Law College teachers are being finalised by Committees consisting of experienced Section Officers of the Official Language (Legislative) Wing under the supervision of the Additional Secretary to Government, Law Department. The expenditure for translation and printing of Central Acts is reimbursed by the Government of India. The expenditure for translation and printing of State Acts is incurred by the State Government. During the past three years period 92 Central Acts and 45 Tamil Nadu Acts i.e. totally 137 Acts have been translated into Tamil and are printed in book form. TAMILNADU DR. AMBEDKAR LAW UNIVERSITY Five Government Law Colleges functioning at Chennai, Madurai, Thiruchirappalli, 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 has established the School of Excellence in Law in the academic year 2002-2003 and its Constituent College viz. the University Law College at Chengalpattu in the academic year 2003-2004. The Tamil Nadu Dr.Ambedkar Law University has also proposed to establish more Law Colleges in the State taking into consideration all relevant factors. The Tamil Nadu Dr. Ambedkar Law University has introduced two full time Post Graduate Courses in the following specialization: 1) Business Law 2) Constitution and Legal Order. The University also offers the Post Graduate Diploma Course in General Insurance Law and Practice in collaboration with the United India Insurance Company Limited as Distance Education Programme. Students passing this course will be enlisted as agents by the United India Insurance Company Limited. Taking into consideration the impact of Globalization on Legal Education, and the need for introducing new specialisations, the Tamil Nadu Dr. Ambedkar Law University has proposed to introduce two new full time Post Graduate Courses for (1) Intellectual Property Rights and (2) International Law, in the year 2005. DETAILED LIST OF PART II SCHEMES FOR THE YEAR 2004-2005 (Rupees in lakhs)
D.Jayakumar,
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