LAW DEPARTMENT

POLICY NOTE
DEMAND No. 33

LAW
2017-2018

C.Ve. SHANMUGAM
MINISTER FOR LAW, COURTS AND PRISONS

©
GOVERNMENT OF TAMIL NADU
2017
 LAW DEPARTMENT

POLICY NOTE
Demand No.33

LAW
2017-2018

C.Ve.SHANMUGAM,
Minister for Law, Courts and Prisons.

©
Government of Tamil Nadu
2017
 DEMAND No.33

LAW DEPARTMENT

POLICY NOTE
2017-2018
 DEMAND No.33

LAW DEPARTMENT

POLICY NOTE 2017-2018

Page
Sl.No. Subject in Brief No.

1. Introduction 1-5

2. Legal Studies 5-11

3. The Tamil Nadu Dr.Ambedkar 11-15

Law University

4. The Tamil Nadu National Law 15-18

School

5. Notaries 18

6. Official Language (Legislative) 18-20

Wing

7. State Law Commission 21-24

 POLICY NOTE FOR THE YEAR 2017-2018
DEMAND No.33
LAW DEPARTMENT

Introduction

Two fold objectives of law to serve is, firstly,

to provide a peaceful, stable and an orderly life
in the society. Secondly, to persuade social
change by changing itself according to the needs
of the changing society. Thus, law is an
important agency of social control and an
instrument of social change. Law regulates the
behaviour of people in the society and makes
the people conscious about their duties and
obligations. Law also serves many other
purposes necessary for a thriving society,
including the promotion of common good, moral
habituation, punishment of wrong doers and
resolution of disputes. Rule of law is the bedrock
of our democracy.
 The Legislature of the State is enacting laws
on the subject-matters specified in the State List
and Concurrent List under the Seventh Schedule
to the Constitution and in the case of the
subject-matters falling under the Concurrent
List, the law enacted by the Legislature becomes
an Act after it is assented to by the President.
The enactments made by the Legislature reflects
the major policy of the elected Government
which is the Law directly made by the
Legislature and the minute details involving
technical details and procedures for
implementation of the Scheme of the Act are
delegated to the executive authorities which is
called subordinate legislation made by the
subordinate authorities. Though this subordinate
legislation is drafted by the subordinate
authorities, it is being scrutinised by the Law
Department. The Committee on Delegated
Legislation is also scrutinising all the Rules and
Notifications issued under the provisions of the

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Act made by the Legislature to ensure that the
subordinate authorities do not exceed the
powers delegated to them by the Legislature
while making subordinate legislation.

Whenever legislation is decided upon to

implement the policy decision of the
Government, the Law Department, puts them
into legal shape in the form of draft Bill in
co-ordination with the administrative
departments concerned.

On passage of the Bill by the Legislative

Assembly, Law department pursues further
action till it is published as an Act after assented
to by the Governor or the President, as the case
may be. Where there is an 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 the Law department which
prepares the draft Ordinance for the purpose

3
and pursues further action till Ordinance is
promulgated and published.

Further, one of the main functions of Law

Department is to offer legal advise to all
departments of the Secretariat including the
Tamil Nadu Legislative Assembly Secretariat.

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.
Apart from this, all deeds wherein the
Government is a party are scrutinized and
settled by the Law Department.

Law Department also deals with the following

subjects:-

 Legal Studies

 Tamil Nadu Dr. Ambedkar Law University

 Tamil Nadu National Law School

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  Notaries

 Official Language (Legislative) Wing

 State Law Commission

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. After the creation of the Department,
there has been improvement in the standard of
Legal Education in the State and 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
Tiruchirappalli and Coimbatore were opened
during the academic year 1979-80. During the
academic year 1996-97, a Law College was

5
started in Tirunelveli. In December 2006, the
Law College at Chengalpattu, run by the
Tamil Nadu Dr. Ambedkar Law University was
declared as a Government Law college. Yet
another Government Law College was started at
Vellore from the academic year 2008-2009. Thus
there are seven Government Law Colleges in the
State at present.

Recently orders have been issued to start

three Government Law Colleges, one each in
the Districts of Villupuram, Dharmapuri and
Ramanathapuram with an intake of 80 students
in 3 year Law Course and 80 students in 5 year
Law Course from the academic year 2017-2018.
10 Teaching posts and 18 Non-teaching posts
have also been sanctioned to each of the said
three new Law Colleges. Further, a sum of
Rs.6.81 Crore has also been sanctioned to the
said three Government Law Colleges towards

6
recurring and non-recurring expenditure at the
rate of Rs.2.27 Crore for each college.

Based on the recommendations of the Justice

Thiru P.Shanmugam Commission of Inquiry, the
Government have sanctioned a sum of
Rs.117.31 Crore for the construction of two
Government Law Colleges, one at Pudupakkam
Village, Tiruporur Taluk, Kancheepuram District
and another at Pattarai Perumpudur Village,
Tiruvallur Taluk, Tiruvallur District, so as to shift
the Dr.Ambedkar Government Law College,
Chennai from its present location.

The total sanctioned student strength

in all the Government Law Colleges in the
academic year 2016-17 is 9366. The College
wise sanctioned strength are furnished
hereunder:-

7
 Total
Sl.
Name of the College sanctioned
No.
strength
1. Dr. Ambedkar Government
Law College, Chennai-104.
(Three years and five years 2328
Under Graduate Law
Degree and Post-Graduate
Law Degree)
2. Government Law College,
Madurai.
(Three years and five years 1438
Under Graduate Law
Degree and Post-Graduate
Law Degree)
3. Government Law College,
Tiruchirappalli.
(Three years and five years 1440
Under Graduate Law
Degree and Post-Graduate
Law Degree)
4. Government Law College,
Coimbatore.
(Three years and five years 1440
Under Graduate Law
Degree and Post-Graduate
Law Degree)

8
 5. Government Law College,
Tirunelveli.
(Three years and five years 1440
Under Graduate Law
Degree and Post-Graduate
Law Degree)
6. Government Law College,
Chengalpattu.
(Three years and five years 1040
Under Graduate Law
Degree)
7. Government Law College,
Vellore.
240
(Three years Under
Graduate Law Degree)

All the Government Law Colleges are

functioning in their own buildings. Separate
hostel facilities are available for both men and
women students of the Government Law
Colleges at Chennai, Madurai, Coimbatore,
Tirunelveli and Chengalpattu. Hostel facilities are
available for the women students of the

9
Government Law College at Tiruchirappalli.
Necessary action is being taken to construct
hostel for the men students of the said
Government Law College.

A sum of Rs.5,25,000/- is being sanctioned

by the Government of Tamil Nadu every year for
7 students in Dr.Ambedkar Government Law
College, Chennai at the rate of Rs.75,000/- per
Student who are selected to participate in the
International Moot Court Competition held in
Hongkong and Vienna during the months of
March and April.

Students pursuing Three year Law Course

and Five year Law Course in Tamil Medium in
the Dr. Ambedkar Government Law College,
Chennai and the Government Law College,
Madurai are being paid a stipend of Rs.400/- per
annum.

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 Book Bank Scheme is being implemented in
the Government Law Colleges at Chennai,
Madurai, Tiruchirappalli, Coimbatore and
Tirunelveli.

The Tamil Nadu Dr. Ambedkar Law University

In order to provide quality legal education to

enable the students to find a firm footing in
today’s competitive world, the Tamil Nadu
Dr.Ambedkar Law University was established
through a State enactment. It is one of the
premier institutions in the State of Tamil Nadu
committed to the above cause. This University
is the only one of its kind in the whole of South
Asia as it is the only Law University to have
Colleges affiliated to it under its canopy. This
uniqueness of the said University helps in
disseminating the same standards of Legal
Education throughout the State of Tamil Nadu.

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 The Tamil Nadu Dr.Ambedkar Law University
is now functioning at Perungudi-Kottivakkam
Village, near Taramani Railway Station, in
the new campus built at a total cost of
Rs.61.74 Crore in 15 acre land allotted by the
Government of Tamil Nadu. The Government of
Tamil Nadu have also allotted additional 10
acres of land for its developmental activities.

The Tamil Nadu Dr.Ambedkar Law University

started its academic activities from the academic
year 2002-2003 through the School of
Excellence in Law. The School of Excellence
in Law offers 3 year LL.B (Honours), 5 year
integrated B.A.,LL.B(Honours), B.Com.,LL.B
(Honours), B.B.A.,LL.B(Honours) and B.C.A.,LL.B
(Honours) degree courses. In view of the
introduction of the new courses and the increase
in the number of seats in the existing courses,
the total number of seats in Under Graduate Law
courses has been increased from 320 to 780 in

12
the School of Excellence in Law from the
academic year 2015-2016. The University also
offers Post-Graduate degree courses and
Research Activities. Various Post Graduate
Diploma and Certificate Courses are also offered
under the Department of Distance Education.

The University being a pioneer in all aspects

has awarded Ph.D. Degree for 63 scholars of the
School of Excellence in Law. This University has
taken lead in offering 61 candidates for Ph.D
Research Programme in the academic year
2016-2017. Now, 189 candidates are pursuing
Ph.D. Degree in this University.

To train newly recruited teachers of law and

interdisciplinary courses, there is no quality
training centre in the Southern India at present.
Participation of Orientation and Refresher
Courses are necessary for career advancement.
A proposal for establishing an ‘Academic Staff
College’ by the Tamil Nadu Dr.Ambedkar Law

13
University has been submitted for the
consideration of the University Grants
Commission, New Delhi.

The Tamil Nadu Dr. Ambedkar Law University

has established a Legal Literacy Mission Cell with
proper infrastructure which serves to
disseminate legal knowledge to a large mass of
general public. The Government of Tamil Nadu
have sanctioned a sum of Rs.30 Lakhs in this
regard. The Government of Tamil Nadu have
sanctioned a sum of Rs.10 Lakhs for the
establishment of Forensic Lab in the University
to cater the needs of students pursuing Criminal
Law and Research.

The Tamil Nadu Dr.Ambedkar Law University

has entered into Memorandum of Understanding
with National and International Universities /
Institutions, so as to extend its academic
activities by co-operating with other Institutions
of higher learning in the field of education,

14
training and research in law, justice, social
development and allied subjects, exchange of
teachers and scholars.

The Tamil Nadu National Law School

The Tamil Nadu National Law School was
established in the year 2012 through a State
enactment to provide legal education par
excellence in the State of Tamil Nadu. The main
object of the Tamil Nadu National Law School is
to disseminate learning and knowledge of law,
legal processes, advocacy and skill in judicial
administration, keeping pace with the changing
global scenario.
The Tamil Nadu National Law School has
been established at a cost of Rs. 79.22 Crore in
a twenty five acre campus at Navalur Kuttapattu
Village in Srirangam taluk, Tiruchirappalli
district. Further, an additional sum of
Rs.7.17 Crore was sanctioned in the financial
year 2015-2016 for providing of furniture, sports

15
facility and other infrastructure for the Law
School.

The Law School offers five year B.A.,LL.B

(Honours) and B.Com.,LL.B (Honours) degree
courses, with an intake of 55 students each.
Students are admitted to the said courses
through Common Law Admission Test. The
details of the students admitted to the said
courses for the academic year 2016-2017 are as
follows:-
No. of
S.No. Course Students
admitted
Resident of
26
Tamil Nadu
B.A.,LL.B All India
1. 28
(Honours) Basis
NRI 01
Total 55
Resident of
25
Tamil Nadu
B.Com.,LL.B All India
2. 29
(Honours) Basis
NRI 01
Total 55

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The seats earmarked for the Resident Students
of Tamil Nadu are filled by following the
Tamil Nadu State Reservation Policy.

A sum of Rs.1,52,410/- has been reimbursed

by the Government of Tamil Nadu to two
students of the Tamil Nadu National Law school,
Tiruchirappalli at the rate of Rs.76,205/- each
towards expenditure for their participation in the
International Moot Court competition held at
Hongkong during the month of March 2016.

The Tamil Nadu National Law School has

entered into Memorandum of Understanding
with the following Universities / National
Institutions:-

 National Law University, New Delhi

 National Law School of India University,
Bengaluru

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  Institute of Company Secretaries of
India, New Delhi.

Notaries

For the purposes of noting and certifying the

general transactions relating to negotiable
instruments and for all recognized notarial
purposes, Notaries are appointed under the
Notaries Act, 1952 (Central Act 53 of 1952).
The number of Notaries appointed by the
Government and in practice in the State as on
25.01.2017 are 1460.

Official Language (Legislative) Wing

The State Official Language (Legislative)

Commission was constituted in the year 1965 so
as 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

18
any other work which may be entrusted to the
Commission by the Government from time to
time.

The State Official Language (Legislative)

Commission was departmentalized in the year
1992 as a Wing of the Law Department viz.
Official Language (Legislative) Wing headed by
an Additional Secretary to Government,
Law Department. The work of Tamil Cell,
another wing of Law Department is to translate
the Legislative Assembly Bills, Acts and
Ordinances into Tamil. Considering that the
nature of work done by both the Official
Language (Legislative) Wing and Tamil Cell of
Law Department is similar in nature and with a
view to have greater efficiency and better
turnout of translation work and to have
effective control over the translation staff
attached to the said Official Language
(Legislative) Wing, orders have been issued

19
merging the Tamil Cell of this department with
the Official Language (Legislative) Wing of this
department and the Official Language
(Legislative) Wing has been re-structured
accordingly. This wing functions under the
overall control and supervision of the Secretary
to Government, Law Department. Central Acts
and the State Acts including the Legislative
Assembly Bills, Acts and Ordinances are
translated into Tamil by this Wing. 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. The Government of India has
informed that the State Government shall bear
the cost of reprinting and republication of the
Central Acts, as the sale proceeds are retained
by the State Government.

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State Law Commission

The State Law Commission, Tamil Nadu was

reconstituted on 27.01.2014 with Hon’ble Justice
Thiru. N. Dhinakar, retired Chief Justice of the
Jharkhand High Court as the Chairman,
two Full-time Members, two Part-time Members
and one Full-time Member-Secretary. Hon’ble
Justice Thiru. N. Dhinakar, assumed office as
Chairman on 10.02.2014. The tenure of the
Commission was for a period of three years from
the date of assumption of office of the
Chairman. Accordingly, the tenure of the
Commission has ended on 09.02.2017.

The functions of the Law Commission are to

examine each and every law that was enacted
during the British regime and the 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 accordingly, to the

21
Government. The Law Commission shall examine
whether the said laws are in consonance with
the various decisions of the Supreme Court and
the High Court and to advise the Government on
the changes that should be made in those laws.
The Law Commission shall also:–

(a) suggest suitable modifications or

amendments to plug loopholes in
the existing laws;

(b) suggest suitable social, economic

legislative measures;

(c) suggest ways and means for the

inter-State Relations and Centre-
State Relations;

(d) make suggestions and

recommendations for better and
expeditious procedures on the
judicial administrative reforms; and

(e) suggest modifications or

amendments not only to State
Laws but also to Central Laws
having application to this State.

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 The reconstituted State Law Commission has
submitted three Reports to the Government. The
First Report (as Eighth Report) was submitted on
04.09.2014, wherein the Commission has
recommended to amend certain provisions of the
Code of Criminal Procedure and Code of Civil
Procedure in their application to the State of
Tamil Nadu and to amend the proposed
Tamil Nadu Stamp Act, 2013.

The Second and Third Reports (as Ninth and

Tenth Reports) were submitted on 01.09.2016.
In its Second Report, the Commission has
recommended to amend certain sections of the
Tamil Nadu Borstal Schools Act, 1925 and to
bring in a new legislation, namely the Madras
High Court (Jurisdictional Limits) Extension Act.

In its Third Report, the Commission has

recommended to repeal the Chennai City
Tenants Protection Act, 1921 (Tamil Nadu Act III
of 1922) and to amend certain provisions of the

23
Tamil Nadu Buildings (Lease and Rent Control)
Act, 1960 (Tamil Nadu Act 18 of 1960) and also
to amend certain provisions of the Code of
Criminal Procedure, Code of Civil Procedure and
Industrial Disputes Act, 1947 in their application
to the State of Tamil Nadu.

The recommendations of the State Law

Commission are under the consideration of the
administrative departments concerned of the
Secretariat.

The Government have reconstituted the

State Law Commission on 15-06-2017
under the Chairmanship of Hon'ble Justice
Thiru Chockalingam Nagappan, retired Judge of
the Supreme Court of India. The tenure of the
State Law Commission shall be for a period of
three years from the date of assumption of
charge by the Chairman.
C.Ve.SHANMUGAM,
Minister for Law, Courts and Prisons.

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