Tamil Nadu Puratchi Thalaivi Dr. J Jayalalithaa Memorial Foundation Act, 2020

1. (1) This Act may be called the Tamil Nadu Puratchi Thalaivi Dr. J Jayalalithaa Memorial Foundation Act, 2020.
2. (2) It shall be deemed to have come into force on the 22nd day of May 2020.

In this Act, unless the context otherwise requires,—

1. (a) “Claims Commissioner” means the Claims Commissioner appointed under section 10;
2. (b) “Foundation” means the Puratchi Thalaivi Dr. J Jayalalithaa Memorial Foundation established under section 4;
3. (c) “Government” means the State Government;
4. (d) “prescribed” means prescribed by rules made under this Act;
5. (e) “property” means ‘Veda Nilayam’, the residence of former Chief Minister of Tamil Nadu Puratchi Thalaivi Dr. J Jayalalithaa (Late), situated at Poes Garden, Chennai, more particularly specified in Part-A of the Schedule and includes the movable properties like books, furniture, jewels and other items specified in Part-B of the Schedule;
6. (f) “Schedule” means the Schedule to this Act.

1. (1) The right, title and interest of any person, in relation to the movable properties specified in Part-B of the Schedule, shall by virtue of this Act, stand transferred to, and vest in, the Government.
2. (2) The Government may, by notification, transfer the immovable property specified in Part-A, acquired by the Government under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and the movable properties specified in Part-B of the Schedule, to the Foundation.
3. (3) The Government shall value the movable properties specified in Part-B of the Schedule and shall deposit the amount with the Claims Commissioner.

1. (1) The Government may, by notification, establish, for the purpose of this Act, a Foundation, to be called the Puratchi Thalaivi Dr. J Jayalalithaa Memorial Foundation.
2. (2) The Foundation shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued.
3. (3) The Foundation shall consist of the following members, namely:—
   • (a) Hon’ble Chief Minister - Chairperson;
   • (b) Hon’ble Deputy Chief Minister;
   • (c) Hon’ble Minister (Information and Publicity);
   • (d) Chief Secretary to Government;
   • (e) Secretary to Government, Finance Department;
   • (f) Secretary to Government, Tamil Development and Information Department;
   • (g) Chief Engineer (Buildings), Public Works Department;
   • (h) The Director of Museums;
     • (i) Six members to be nominated by the Government from amongst the members of the political party to which former Chief Minister Puratchi Thalaivi Dr. J Jayalalithaa
   • (Late) belonged in consultation with that party;
   • (j) The Director of Information and Public Relations—Member Secretary.
4. (4) The tenure of the nominated members shall be for a period of three years and they shall be eligible for re-nomination. (5)
   • (a) The Foundation shall,—
     • (i) take necessary steps to maintain the immovable property specified in Part-A of the Schedule in good condition, and shall also undertake repairs, wherever necessary;
     • (ii) take necessary steps for the maintenance, upkeep and safety of all the movable properties specified in Part-B of the Schedule;
     • (iii) take such precautionary measures as it deems fit to protect the property from theft, fire or other damages;
     • (iv) prepare an action plan for conversion of the property into a Memorial and send it to the Government for approval;
     • (v) take necessary action to convert the property into a Memorial, on transfer of the property to the Foundation under sub-section
5. (2) of section 3 and on approval of the action plan.
   • (b) The Foundation shall be entitled to receive donations and grants from any person including the Government, and shall also be entitled to raise funds in any manner as it deems fit.

The Chairperson and other members of the Foundation shall not be entitled to any salary and allowances:

Meetings

1. (1) The Foundation shall meet at least once in a year at such time as may be fixed by the Chairperson of the Foundation.
2. (2) All the decisions at any meeting of the Foundation shall be taken by a majority of the members present and voting:

Vacancies, etc., not to invalidate proceedings of the Foundation No act or proceeding of the Foundation shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof.

1. (1) The Government may appoint an officer not below the rank of Joint Secretary to Government as Secretary to the Foundation to exercise such powers and perform such duties under the Chairperson of the Foundation as may be prescribed or as may be delegated to him by the Chairperson.
2. (2) The term of the office and other conditions of service of the Secretary to the Foundation shall be such as may be prescribed.
3. (3) Subject to such control, restrictions and conditions as may be prescribed, the Foundation may appoint such other officers and employees as may be necessary for the efficient performance of its functions.

1. (1) For the purpose of managing the affairs of the Foundation, the Foundation may, by resolution passed at a meeting, appoint a Committee of Management, and entrust to it such powers, duties and functions, as may be specified in such resolution.
2. (2) The Foundation may, by resolution, appoint any person as a member of the Committee of Management, whether such person is a member of the Foundation or not, and may, from time to time, vary or rescind any resolution passed by it under this section.

1. (1) The Government shall, for the purpose of deciding the claim of any person over the movable properties specified in Part-B of the Schedule, by notification, appoint a Claims Commissioner.
2. (2) The Claims Commissioner may regulate his own procedure for receiving and deciding the claims.
3. (3) Any person having a claim over the said movable properties may make a claim to the Claims Commissioner within ninety days from the date of appointment under sub-section (1): Provided that if the Claims Commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of ninety days, he may entertain the claim within a further period of sixty days and not thereafter.

The Chairperson and members of the Foundation and the Claims Commissioner, Secretary and other officers and employees of the Foundation shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code.

No suit, prosecution or other legal proceedings under this Act shall lie against any public servant, in respect of anything which is done in good faith or intended to be done in the discharge of his official functions or in exercise of his powers.

1. (1) The Government may, by notifi cation, make rules to carry out the provisions of this Act.
2. (2) All rules made and notifi cations or orders issued under this Act shall be published in the Tamil Nadu Government Gazette and unless they are expressed to come into force on a particular day shall come into force on the day on which they are so published.
3. (3) Every rule made or notifi cation or order issued under this Act shall, as soon as possible, after it is made or issued, be placed on the Table of the Legislative Assembly, and if, before the expiry of the session in which it is so placed or the next session, the Assembly makes any modifi cation in any such rule or notifi cation or order, or the Assembly decides that the rule or notifi cation or order should not be made or issued, the rule or notifi cation or order shall, thereafter, have eff ect only in such modifi ed form or be of no eff ect, as the case may be, so, however, that any such modifi cation or annulment shall be without prejudice to the validity of anything previously done under that rule or notifi cation or order.

If any diffi culty arises in giving eff ect to the provisions of this Act, the Government may, by an order published in the Tamil Nadu Government Gazette, make such provisions not inconsistent with the provisions of this Act as appear to them to be necessary or expedient for removing such diffi culty:

Power to give directions The Government may, from time to time, give such directions as it may deem fi t for giving eff ect to the provisions of this Act.

1. (1) The Tamil Nadu Puratchi Thalaivi Dr. J Jayalalithaa Memorial Foundation Ordinance, 2020 is hereby repealed.
2. (2) Notwithstanding such repeal, anything done, any action taken or any direction given under the said Ordinance, shall be deemed to have been done, taken or given under this Act.