The M.K. Stalin-led DMK Government in the first budget session of the Tamil Nadu Assembly which ended on September 13, passed several important legislations - over 20 Bills - pertaining to welfare of labour, students, farmers and Scheduled Castes (SC), Scheduled Tribes (ST), besides the historic Bill to permanently exempt Tamil Nadu from NEET.

On the last day of the session when most of the other Bills were taken up for consideration and voting, one of the most significant legislations passed was the ‘The Tamil Nadu State Commission for the Scheduled Castes/Scheduled Tribes (SC/ ST) Act, 2021’, which could be a model legislation for other states as well.

“To safeguard the welfare of Scheduled Castes and Scheduled Tribes and to protect and develop their economic and social well-being, the Government have decided to constitute a Commission which such powers and functions as may be necessary for the purpose,” the statement of objects and reasons appended to the Bill introduced by the state Minister for Adi Dravidar Welfare, Ms. N. Kayalvizhi Selvaraj said. The decision to set up the Commission was earlier announced by the Tamil Nadu Chief Minister, M.K. Stalin.

The Commission, among others, shall have all the powers of a Civil Court trying a suit under the Code of Civil Procedure, 1908. It can enquire suo moto or on a petition, or by any person on his behalf, into complaints of violation of any rights provided in the ‘Protection of Civil Rights Act’, 1955, and SC/ST (Prevention of Atrocities) Act, 1989. The Government may consult the Commission on all major policy matters affecting the SC/ST.

PRO-FARMERS STEP

In another significant measure, ‘The Tamil Nadu Agricultural Produce and Livestock Contract Farming and Services (Promotion and Facilitation) Act, 2019’, passed by the previous AIADMK regime but not yet brought into force, was repealed by the passage in the House of ‘The Tamil Nadu Agricultural Produce and Livestock Contract Farming and Services (Promotion and Facilitation)

Repeal Act, 2021’.

The ‘Repeal Act’, which stands in the name of the state Minister for Agriculture and Farmers Welfare, M.R.K. Panneerselvam, nullifies the earlier legislation to give a special footing solely to ‘Contract Farming’, wherein the farmer and purchaser mutually agree upon the price, quantity, quality and time, as part of the marketing of agricultural produce.

The statement of object and reasons appended to the ‘Repeal Act’, pointed out that the ‘Tamil Nadu Agriculture Produce Marketing (Regulation) Act, 1987 (TN Act 27 of 1989)’, had itself provided for “regulation of buying and selling of agricultural produce in this State.” The agriculture marketing system now provides a better price discovery to the farmers.

“It is therefore considered that it would be appropriate to make the said Tamil Nadu Act 27 of 1989 more robust, by providing regulation of buying and selling of agricultural produce under any mode of marketing, instead of bringing in an enactment for each mode of the marketing system,” the Bill stated in its statement of objects and reasons. Hence, the Government decided to repeal the 2019 Act, it added. With repeal of the latter, primacy given to contract farming goes, giving farmers more flexibility in marketing their produce.

SHOT IN THE ARM FOR GOVT. SCHOOL STUDENTS

Another legislation, moved by the Minister for Higher Education, Dr K. Ponmudi, “The Tamil Nadu Admission to Undergraduate professional Courses on Preferential Basis to Students of Government Schools Act, 2021”, is yet another piece of ‘affirmative action’ by the DMK government enacted into law in the interests of social justice.

To bring ‘real equality’ between the students who studied in government schools and in private schools, this law provides setting apart a certain percentage of seats (7.50 per cent internal reservation) to students who studied from sixth to 12th standard in State Government Schools, in UG admissions to Engineering, Agriculture, Veterinary, Fisheries, Law and other professional degree courses offered by Universities and private colleges, based on recommendations of the Justice D. Murugesan-headed Commission.

In fact, when Chief Minister, M.K. Stalin handed over admission letters under the scheme on September 20 in Chennai, following the counselling for admissions to Engineering courses this year at the Anna University, he said the State Government will bear the tuition and hostel fees for all such government school students selected for admission on the basis of the 7.50 per cent internal quota for government school students.

PRO-LABOUR MOVES

The Assembly, among others, also adopted two pro-Labour legislations during the last budget session: one to enhance the contributions to the ‘Labour Welfare Fund’ and another to make all shops and establishments to provide ‘seating arrangements’ for all their employees to avoid ‘on their toes’ situation throughout the working hours.

Both the Bills stood in the name of C.V. Ganesan, Minister for Labour Welfare and Skill Development. Another Bill to “dispense with the provision for renewal of registration” for shops, was also passed. Initial registration for shops and establishments will have to be henceforth given in a day, as per the Bill, based on suggestion of the Union government.

‘The Tamil Nadu Acquisition of Land for Industrial Purposes Amendment Act, 2021’, ‘Registration (Tamil Nadu Second Amendment Act), 2021’, a Bill to amend the HR & CE Act to make temple land
As more than 20 Bills were passed by the Tamil Nadu Assembly in the recent session, the pro-Labour laws attracted wider attention, notably the one that requires Shops and Commercial Establishments to provide seating arrangements for their employees.
encroachments a cognizable offence, and two bills amending the ‘The Tamil Nadu Government Servants (Conditions of Service) Act’, were among the other legislations adopted by the Assembly in the budget session.

SOCIAL JUSTICE MONITORING COMMITTEE

In another significant development, coinciding with the centenary of the issuance of the ‘first Communal G.O.’ on September 16, 1921, by the then Justice Party Government in erstwhile Madras Presidency, which laid the foundation for the reservation scheme to promote social justice, Tamil Nadu Chief Minister, M.K. Stalin announced the constitution of a ‘Monitoring Committee’, which will monitor whether the ‘rule of reservation’ guaranteed by Law, is being properly implemented in education, employment and promotions. The Committee will also recommend actions to be taken by the state government to rectify lapses in the implementation of the reservation policy.