Law Department

Policy Note 2005-2006

Demand No. 32

 

I. INTRODUCTION

Law preserves the dignity of the human. Law made by the representatives should uphold the fundamental rights and forbid legal injury to citizens. In democracy citizens must admit that the law made by their representatives is truly their law. Law which is nothing but justice rendered to men by the voice of the Government has to be administered fairly, equally and effectively for the benefit of the entire community. Law department of this Government frames various enactments keeping the above principles in mind and implements 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 to advise all departments of Secretariat including Tamil Nadu Legislative Assembly Secretariat. Law Department offers legal advice on the issues referred to it.

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. Further, a Law College was started in Tirunelveli. Thus, there are five Government Law Colleges in the State of Tamil Nadu at present.

The total sanctioned strength in the Law Colleges in the academic year 2004-05 is furnished hereunder.

Name of the College                                 Total sanctioned strength

1. Dr. Ambedkar Govt. Law College, Chennai               1320
    (Under graduate and post-graduate)

2. Government Law College, Madurai                           1471
   (Under graduate and post-graduate)

3. Government Law College, Thiruchirappalli                 1236
   (Under graduate and post-graduate)

4. Government Law College, Coimbatore                      1104
   (Under graduate and post-graduate)

5. Government Law College, Thirunelveli                      1104
   (Under graduate)

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 the men students in Coimbatore Government Law College and 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 were taken to publish law books in Tamil. Manuscript copies for all the subjects have been prepared by the faculty of Government Law Colleges. They have been scrutinized, printed and 20 books are now ready for publication. Further, 12 more books will be shortly published.

This year also financial assistance to the extent of Rs.4.50 lakhs has been given to six students of Dr. Ambedkar Government Law College, Chennai 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 1820 Notaries in this State as on 1.1.2005.

STATE LAW COMMISSION:

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 thereunder into Tamil and any other work which may be entrusted to the Commission by the Government from time to time. 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 over all 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 four years, 107 Central Acts and 51 Tamil Nadu Acts i.e. totally 158 Acts have been translated into Tamil and are printed in book form. Further, 32 Central Acts and 90 State Acts translated into Tamil by the Lecturers of Government Law Colleges are under scrutiny of this department and the work in respect of 46 Acts have been completed and they are in the stage of printing.

TAMIL NADU 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 Law University.

The Tamil Nadu Dr. Ambedkar Law University has established the School of Excellence in Law in the academic year 2002-2003 and the University Law College at Chengalpattu in the academic year 2003-2004.

Taking into consideration the impact of globalization on Legal Education, the Tamil Nadu Dr. Ambedkar Law Unviersity is introducing two new Post Graduate Courses from the academic year 2005-2006.

1. International Law.
2. Intellectual Property Rights.

The University has established "Legal Aid Cell" in all affiliated Law Colleges and is providing financial assistance for organizing its activities in order to provide practical training to the students. On 19.11.04 the Hon'ble Mr. Justice B.Subhashen Reddy, the then Chief Justice, High Court, Madras, inaugurated the 'Legal aid clinic' at the University.

DETAILED LIST OF PART II SCHEMES FOR THE YEAR 2005-2006.

(Rupees in Lakhs)

Ultimate Cost

Cost in 2005-2006

Sl

No

Description of the Schemes

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

Special repairs to the buildings and classrooms of the Dr. Ambedkar Govt. Law College, Chennai

0.00

20.00

20.00

0.00

20.00

0.00

20.0

2

Construction of Library building for the Dr. Ambedkar Govt. Law College, Chennai.

0.00

100.00

100.00

0.00

40.00

0.00

40.00

3

Purchase of books for the Libraries of Govt. Law Colleges in Tamil Nadu

0.00

10.00

10.00

10.00

0.00

0.00

10.00

4

Construction of hostel for Women students of the Govt. Law College at Tirunelveli 

0.00

118.45

118.45

0.00

47.38

0.00

47.38

5

Laying of playground for the Govt. Law College, Madurai.

0.00

2.00

2.00

0.00

2.00

0.00

2.00

6

Provision of furni- ture to the School of Excellence in the Tamil Nadu Dr. Ambedkar Law University.

0.00

1.00

1.00

1.00

0.00

0.00

1.00

7

Provision of furniture to the University Law College at Chengalpattu 

0.00

1.00

1.00

1.00

0.00

0.00

1.00

8

Provision of books for the Dr. Ambedkar Law University Library

0.00

2.00

2.00

2.00

0.00

0.00

2.00

9

Provision of books for PG dept. and Research Scholars of Tamil Nadu Dr. Ambedkar Law University

0.00

3.00

3.00

3.00

0.00

0.00

3.00

10

Provision of books for the University Law College Library at Chengalpattu 

0.00

1.00

1.00

1.00

0.00

0.00

1.00

11

Conduct of Seminar, Workshops / Symposiums for the benefit of faculty members and students of Tamil Nadu Dr. Ambedkar Law University

0.00

1.00

1.00

1.00

0.00

0.00

1.00

GRAND TOTAL (As approved by SFC)

0.00

259.45

259.45

19.00

109.38

0.00

128.38

 

D.Jayakumar,
Minister for Law and Information Technology
.