THE MADRAS UNIVERSITY ACT, 1923
(These words were substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the 14th January 1969)) [TAMIL NADU] ACT No. VII OF 1923 (For Statement of Objects and Reasons, See Part IV of the Fort St. George Gazette, dated the 17th October 1922, pages 110-111; for Report of Select Committee, see pages 1221-1243 of Volume X of the Madras Legislative Council Proceedings, dated the 14th November 1922, at pages 654-671; Proceedings, dated the 15th November 1922, at pages 695-734; Proceedings, dated the 16th November 1922, at pages 767-807 of Volume IX, ibid; ibid, dated the 22nd December 1922, at page 1179 of Volume X, ibid; ibid, dated the 30th January 1923, at pages 1396-1413; ibid, dated the 31st January 1923, at pages 1421-1479; ibid, dated the 1st February 1923, at pages 1503-1549; ibid, dated the 2nd February 1923, at pages 1586-1634; ibid, dated the 5th February 1923, at pages 1640-1719, ibid.
Nothing contained in this Act as amended by the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966) shall apply to colleges and institutions situate in the area comprising the revenue districts of Madurai, Ramanathapuram, Tirunelveli and Kanyakumari. Please see section 36 of Tamil Nadu Act 2 of 1966)
[THE MADRAS UNIVERSITY ACT, 1923]
(Received the assent of the Governor on the 28th February 1923 and that of the Governor-General on the 29th March 1923; the assent of the Governor-General was first published in the Fort St. George Gazette of the 1st May 1923.)
An Act to provide for the reorganization of the Madras University.
Preamble
WHEREAS it is expedient to reorganize the University of Madras with a view to establishing a (These words were substituted for the words “teaching and residential University” by section 2(a)(i) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [teaching and affiliating University] at Madras while enabling the University to continue to exercise due control over the quality of the teaching given by (These words were substituted for the words “colleges which are to constitute the University of Madras or are affiliated to it” by section 2(a)(i), ibid.) [colleges which are affiliated to or approved by the University of Madras];
AND WHEREAS it is desirable to foster the development of academic life and corporate unity as well in the colleges as in the University by so promoting cooperation among the colleges and between the University and the colleges as to utilize to the full the teaching resources available (These words were substituted for the words “within the limits of the University” by section 2(a)(ii) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [within the University];
AND WHEREAS it is desirable by the concentration and co-ordination of resources for higher teaching and research at suitable centres (The words “outside the limits of the University” were omitted by section 2(a)(iii), ibid.) [* *] to prepare for the institution of new Universities;
AND WHEREAS the previous sanction of the Governor-General has been obtained for the passing of this Act; it is hereby enacted as follows:—
CHAPTER I
PRELIMINARY
Short title and commencement
1. (1) This Act may be called the Madras University Act, 1923.
(Section 1 of this Act came into force on the 1st May 1923. Sections 2 to 10, 13, 41, 44, 46 to 51 and 55 were brought into force on the 21st May 1923 in Law (Education) Department Notification No.154, published at page 488 of Part I-B of the Fort St. George Gazette, dated the 15th May 1923. The remaining sections of this Act were brought into force on the 5th March 1924 in Law (Education) Department Notification No.68, published at page 200 of Part I-B of the Fort St. George Gazette, dated 4th March 1924) (2) This section shall come into force at once. The rest of this Act shall come into force on such date or dates as the (The words “Provincial Government” were substituted for the words “Local Government” by the Adaptation Order of 1937, read with the Adaptation (Amendment) Order of 1940 and the word “State” was substituted for “Provincial” by the Adaptation Order of 1950) [State Government] may, by notification, appoint and different dates may be appointed for different provisions of this Act.
Definitions
2. In this Act, unless there is anything repugnant in the subject or context—
(These clauses were substituted for the original clause (a) by section 3(i) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [(a) ‘Affiliated College’ means any college affiliated to the University and providing courses of study for admission to the examinations for degrees of the University and includes a college deemed to be affiliated to the University under the Madras University (Amendment) Act, 1966;
(aa) ‘Approved College’ means any college approved by the University and providing courses of study for admission to the examinations for titles and diplomas and the pre-University examination of the University and includes a college deemed to be approved by the University under the Madras University (Amendment) Act, 1966;
(aaa) ‘College’ means any college or any institution maintained or approved by or affiliated to the University and providing courses of study for admission to the examinations of the University;]
(These clauses were omitted by section 3(ii), ibid.) [(b) * * *]
(These clauses were omitted by section 3(ii), ibid.) [(c) * * *]
(These clauses were omitted by section 3(ii), ibid.) [(cc) * * *]
(d) ‘Hostel’ means a unit of residence for students of the University maintained or recognized by the University in accordance with the provisions of this Act.
(Original clause (e) was omitted and the present clause (e) was inserted by section 3(ii) and 3(iii) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [(e) ‘Post-graduate College’ means a University college or an affiliated college providing post-graduate courses of study leading up to the post-graduate degrees of the University;]
(This clause was omitted by section 3(ii), ibid.) (ee) * *]
(f) ‘Prescribed’ means prescribed by (These words were inserted by section 2 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [this Act or] Statutes, Ordinances or Regulations.
(This clause was substituted for clause (g) by section 3(iv) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [(g) ‘Principal’ means the head of a college;]
(This clause was added by section 2 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [(gg) ‘Professional College’ means a college in which are provided courses of study leading up to the professional degrees of the University;]
(This clause was substituted for clause (h) by section 3(v) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [(h) ‘Registered graduate’ means a graduate registered under this Act;]
(Original clause (i) was omitted by section 3(ii) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966) and the present clause (i) was inserted by section 3(vi), ibid.) [(i) ‘Statutes’, ‘Ordinances’ and ‘Regulations’ mean respectively the Statutes, Ordinances and Regulations of the University made under this Act;]
(This clause was substituted for clause (j) by section 3(vii) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [(j) ‘Teachers’ means such professors, assistant professors, readers, lecturers, librarians and other like persons as may be declared by the Statutes to be teachers;]
(k) ‘Teachers of the University’ means persons appointed by the University to give instruction on its behalf.
(l) ‘University’ means the University of Madras as reconstituted under this Act.
(Clauses (m), (n), (o), (p) and (q) were substituted for clauses (m), (n), (o) and (p) by section 3(viii), ibid.) [(m) ‘University Centre’ means any area within the (This expression was substituted for the expression “State of Madras” by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1960, which came into force on the 14th January 1969) [State of Tamil Nadu] except the area comprising the revenue districts of Madurai, Ramanathapuram, Tirunelveli and Kanyakumari recognised by the State Government on the recommendation of the University and containing one or more colleges competent to engage in higher teaching and research work and to promote University life in a manner calculated to prepare for the institution of a new University;
(n) ‘University College’ means a college or a college combined with a research institute maintained by the University (whether instituted by it or not) and providing courses of study leading up to the post-graduate and professional degrees;
(o) ‘University Laboratory’ means a laboratory maintained by the University (whether instituted by it or not) and intended for the carrying on and advancement of research work;
(p) ‘University Professor’, ‘University Reader’ or ‘University Lecturer’ means Professor, Reader or Lecturer respectively appointed as such by the University;
(q) ‘University Library’ means a library maintained by the University whether instituted by it or not.]
CHAPTER II
THE UNIVERSITY
The University
3. (1) The first Chancellor, Pro-Chancellor and Vice-Chancellor of the University and the first members of the Senate, the Syndicate, (This word was inserted by section 3 of the Madras university (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929) [and] the Academic Council, (The words “and the Council of Affiliated Colleges” were omitted by ibid.) [* *] and all persons who may hereafter become such officers or members so long as they continue to hold such office or membership are hereby constituted a body corporate by the name of the University of Madras.
(2) The University shall have perpetual succession and a common seal and shall sue and be sued by the name of the University of Madras.
Vacation of Fellowships
4. As from the date on which section 3 and this section are brought into operation the Chancellor shall cease to exercise his functions under any Act or Acts heretofore in force and the Vice-Chancellor and all Fellows and Honorary Fellows of the University of Madras as constituted and incorporated by any Act or Acts heretofore in force shall cease to be the Vice-chancellor, Fellows and Honorary Fellows of the University, respectively.
Power of the University
(This section was inserted by section 4 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [4-A. The University shall have the following powers, namely:—
(1) to provide for instruction and training in such branches of learning as it may think fit and to make provision for research and for the advancement and dissemination of knowledge;
(2) to establish, maintain and manage Institutes of Research;
(3) to make such provision as will enable (These words were substituted for the words “constituent affiliated and oriental colleges” by section 2(b) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [affiliated and approved colleges] to undertake specialization of studies and to organize common laboratories, libraries and other equipment for research work;
(4) to institute professorships, readerships, lecturerships and any other teaching posts required by the University and to appoint persons to such professorships, readership., lecturerships and other teaching posts;
(5) to institute degrees, titles, diplomas and other academic distinctions;
(6) to hold examinations and to confer degrees, titles, diplomas and other academic distinctions on persons who—
(a) shall have pursued an approved course of study (These words were inserted by section 3(i) of the Madras University (Amendment) Act, 1943 (Madras Act XXVII of 1943), re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting (No. II) Act, 1948 (Tamil Nadu Act VIII of 1948)) [in a University college or laboratory or] in (These words were substituted for the words “a constituent, affiliated or oriental college” by section 4(i) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [an affiliated or approved college] unless exempted therefrom in the manner prescribed by the Statutes and shall have passed the prescribed examinations of the University; or
(b) shall have carried on research under conditions prescribed;
(7) to confer honorary degrees or other distinctions under conditions prescribed;
(These clauses were substituted for clauses (8) and (9) by section 4(ii) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [(8) to institute, maintain and manage University colleges, laboratories, libraries, museums and other institutions necessary to carry out the objects of the University;
(9) to affiliate colleges to the University as affiliated, professional or post-graduate colleges under conditions prescribed and to withdraw affiliation from colleges;
(9-A) to approve colleges providing courses of study for admission to the examinations for titles and diplomas and the pre-University examination of the University under conditions prescribed and to withdraw such approval;]
(10) to recommend to the (The words “Provincial Government” were substituted for the words “Local Government” by the Adaptation Order of 1937, read with the Adaptation (Amendment) Order of 1940 and the word “State” was substituted for “Provincial” by the Adaptation Order of 1950) [State Government] the recognition of (These words were substitute for the words “any local areas” by section 4(iii) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [any area within the] (This expression was substituted for the expression “State of Madras” by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1960, which came into force on the 14th January 1969) [State of Tamil Nadu] except the area comprising the revenue districts of Madurai, Ramanathapuram, Tirunelveli and Kanyakumari] as a University centre;
(11) to establish, maintain and manage hostels, to recognize hostels not maintained by the University and to withdraw recognition therefrom;
(These clauses were substituted for clause (12) by section 4(iv) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [(12) to institute and award fellowships, travelling fellowships, scholarships, studentships, bursaries, exhibitions, medals and prizes;
(12-A) to hold and manage endowments and other properties and funds of the University and to raise loans required for the purposes of this Act;]
(13) to fix fees and to demand and receive such, fees as may be prescribed;
(14) to create and manage an affiliated college fund;
(15) to make grants from the funds of the University for the maintenance of a (This expression was substituted for the expression “University Training Corps” by section 3 of, and the Second Schedule to the Tamil Nadu Repealing and Amending Act, 1952 (Tamil Nadu Act XI of 1952)) [National Cadet Corps];
(16) to exercise such control over the students of the University through the colleges as will secure their health and well-being;
(This clause was inserted by section 4(v) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [(16-A) to institute and maintain a University Extension Board;]
(17) to institute and provide funds for the maintenance of—
(a) a Publication Bureau;
(b) an Employment Bureau;
(c) Students’ Unions;
(These items were substituted for items (d) and (e) by section 4(vi), ibid.) (d) University Athletic Clubs; and
(e) other similar Associations;]
(This clause was substituted for clause (18) by section 4(vii) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [(18) to encourage Co-operation among the colleges, laboratories and institutes in the University and co-operate with other Universities and other authorities in such manner and for such purposes as the University may determine; and]
(19) generally to do all such other acts and things as may be necessary or desirable to further the objects of the university.]
Disqualification for membership
(This section was substituted for the original section 5 by section 5, ibid.) [5. (1) No person shall be qualified for election as a member of any of the authorities of the University, if, on the date of nomination or election, he is—
(a) of unsound mind, a deaf-mute or suffering from leprosy;
(b) an applicant to be adjudicated insolvent or an undischarged insolvent;
(c) sentenced by a criminal court to imprisonment for any offence involving moral turpitude.
(2) In case of dispute or doubt, the Syndicate shall determine whether a person is disqualified under sub-section (1) and its decision shall be final.]
Attendance qualifying for University examinations
(This section was substituted for the original section by section 6 of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [6. No attendance at instruction given in (These words were substituted for the words “any institution” bys section 6(i) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [any college or institution] other than that conducted, (These words were substituted for the words “recognised or approved by the University” by section 6(ii), ibid.) [affiliated to or approved by the University] shall qualify for admission to any examination of the University.]
Visitation
(This section was substituted by the Adaptation Order of 1937, as amended by the Adaptation (Amendment) Order of 1940) [7. (1) The (This word was substituted for the word “Provincial” by the Adaptation Order of 1950) [State] Government shall have the right to cause an inspection to be made, by such person or persons as (These words were substituted for the words “it may direct” by section 3 of, and the Second Schedule to, the Tamil Nadu Repealing and Amending Act, 1951 (Tamil Nadu XIV of 1951)) [they my) direct], of the University, its buildings, laboratories, libraries, museums, workshops and equipment, and of any institutions maintained, recognized or approved by, or affiliated to, the University, and also of the teaching and other work conducted by the University, and to cause an inquiry to be made in respect of any matter connected with the University. The (This word was substituted for the word “Provincial” by the Adaptation Order of 1950) [State] Government shall in every case give notice to the University of (These words were substituted for the words “its intention” by the Adaptation Order of 1950) [their intention] to cause such inspection or inquiry to be made and the University shall be entitled to be represented thereat.
(2) The (This word was substituted for the word “Provincial” by the Adaptation Order of 1950) [State] Government shall communicate to the Senate and to the Syndicate (These words were substituted for the words “its views” by ibid.) [their views] with reference to the results of such inspection or inquiry and may, after ascertaining the opinion of the Senate and the Syndicate thereon, advise the University upon the action to be taken.
(3) The Syndicate shall report to the (This word was substituted for the word “Provincial” by the Adaptation Order of 1950) [State] Government the action, if any, which is proposed to be taken, or has Seen taken, upon the results of such inspection or inquiry. Such report shall be submitted with the opinion of the Senate thereon and within such time as the (This word was substituted for the word “Provincial” by the Adaptation Order of 1950) [State] Government may direct.
(4) Where the Senate or Syndicate does not within a reasonable time take action to the satisfaction of the (This word was substituted for the word “Provincial” by the Adaptation Order of 1950) [State] Government, the (This word was substituted for the word “Provincial” by the Adaptation Order of 1950) [State] Government may, after considering any explanation furnished or representation made by the Senate or the Syndicate, issue such directions as (These words were substituted for the words “it may think fit” by ibid.) [they may think fit], and the Senate and the Syndicate shall comply with such directions. (This sentence was added by section 7 of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [In the event of the Senate or the Syndicate or both got complying with such directions within such time as may be fixed in that behalf by the State Government, the State Government shall have the power to take such action as they think necessary for securing compliance with such directions.]]
Officers of the University
(This section was substituted for the original section by section 8 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [8. The following shall be the officers of the University:—
(1) The Chancellor;
(2) The Pro-Chancellor;
(3) The Vice-Chancellor;
(4) The Registrar; and
(5) Such other persons as may be declared by the Statutes to be officers of the University.]
The Chancellor
9. (1) (These words were substituted for the words “The Chancellor of the University shall be the Governor of Madras” by section 9, ibid.) [The (This expression was substituted for the expression “Governor of Madras” by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January 1969)) (Governor of Tamil Nadu) shall be the Chancellor of the University.] He shall by virtue of his office be the head of the University and the President of the Senate and shall, when present, preside at meetings of the Senate and at any convocation of the University.
(2) The Chancellor shall exercise such powers as may be conferred on him under the provisions of this Act.
(3) Where poker is conferred upon the Chancellor to nominate persons to authorities, the Chancellor shall, to the extent necessary, nominate persons to represent (This word was substituted for the words “communities or interests” by section 8 of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [interests] not otherwise adequately represented.
The Pro-Chancellor
10. (This sub-section was substituted for the original sub-section by section 10 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [(1) The Minister -administering the subject of education (These words were inserted by the Adaptation Order of 1937 and the word “State” was substituted for “Province” by the Adaptation Order of 1950) [in the (This expression was substituted for the expression “State of Madras” by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969) (State of Tamil Nadu)] for the time being shall be the Pro-Chancellor of the University.]
(2) In the absence of the Chancellor, or during the Chancellor’s inability to act, the Pro-Chancellor shall exercise all the functions of the Chancellor.
The Vice-Chancellor
(This section was substituted for section 11 by section 9 of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [11. (1) Every appointment of the Vice-Chancellor shall be made by the Chancellor from out of a panel of three names recommended by the Committee referred to in sub-section (2). Such panel shall not contain the name of any member of the said Committee.
(2) For the purpose of sub-section (1), the Committee shall consist of three persons of whom one shall be nominated by the Senate, one shall be nominated by the Syndicate and one shall be nominated by the Chancellor:
Provided that the person so nominated shall not be a member of any of the authorities of the University.
(3) The Vice-Chancellor shall hold office for a period of three years and shall be eligible for re-appointment for not more than two successive terms.
(4) When any temporary vacancy occurs in the office of the Vice-Chancellor or if the Vice-Chancellor is, by reason of absence or for any other reason, unable to exercise the powers and perform the duties of his office, the Syndicate shall, as soon as possible, make the requisite arrangements for exercising the powers and performing the duties of the Vice-Chancellor.
(5) The Vice-Chancellor shall be a wholetime officer of the University and shall be entitled to such emoluments, allowances and privileges as may be prescribed by the Statutes.]
Powers and duties of the Vice-Chancellor
12. (1) The Vice-Chancellor shall be the principal executive officer of the University and shall, in the absence of the Chancellor and Pro-Chancellor, preside at meetings of the Senate and at any convocation of the University. He shall be a member ex-officio and (These words were substituted for the words “Chairman of the Syndicate, and of the Academic Council” by section 10(i) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [Chairman of the Syndicate, the Academic Council and the Finance Committee] (The words “and of the Council of Affiliated Colleges” were omitted by section 12 of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [* * * *] and shall be entitled to be present at and to address (The word “at” was omitted by section 12, ibid.) [*] any meeting of any authority of the University but shall not be entitled to vote thereat unless he is a member of the authority concerned.
(2) It shall be the duty of the Vice-Chancellor to ensure that the provisions or this Act, the Statutes, Ordinances and Regulations are faithfully observed and carried out and he may exercise all powers necessary for this purpose.
(3) The Vice-Chancellor shall have power to convene meetings of the Senate, (These words were substituted for the words “Chairman of the Syndicate, and of the Academic Council” by section 10(i) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [the Syndicate, the Academic Council and the Finance Committee] (The words “and of the Council of Affiliated Colleges” were omitted by section 12 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [* * *].
(4) (a) In any emergency which in the opinion of the Vice-Chancellor requires that immediate action should be taken, he may take such action with the sanction of the Chancellor or Pro-Chancellor and shall as soon as may be thereafter report his action to the officer or authority who or which would have ordinarily dealt with the matter.
(b) When action taken by the Vice-Chancellor under this sub-section affects any person in the service of the University, such person shall be entitled to prefer an appeal to the Syndicate within thirty days from the date on which he has notice of such action.
(5) The Vice-Chancellor shall give effect to the orders of the Syndicate regarding the appointment, dismissal and suspension of the teachers of the University and its servants and shall exercise general control over the affairs of the University.
(6) The Vice-Chancellor shall exercise such other powers as may be prescribed.
The Registrar
(This section was added by section 13 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [12-A. (1) The Registrar shall be a wholetime paid officer of the University appointed by the Syndicate for such period and on such terms as may be prescribed by the Statutes.
(2) The Registrar shall exercise such powers and perform such duties as may be prescribed.
(This sub-section was inserted by section 11 of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [(3) In all suits and other legal proceedings by or against the University, the pleadings shall be signed and verified by the Registrar and all processes in such suits and proceedings shall be issued to, and served on, the Registrar.]]
Authorities of the University
13. The following shall be the authorities of the University:—
(1) The Senate,
(2) the Syndicate,
(3) the Academic Council,
(4) the Faculties,
(This item was inserted by section 12, ibid.) [(4-A) the Finance Committee,]
(5) the Boards of Studies, (This word was inserted by section 14 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [and]
(The clause “(6) the Council of Affiliated Colleges, and” was omitted by, ibid.) [* * *]
(The figure “(6)” was substituted for the figure “(7)” by ibid.) [(6)] such other (This word was substituted for the word “authorities” by ibid.) [bodies] as may be declared by the Statutes to be authorities of the University.
CHAPTER III
THE SENATE—POWERS AND DUTIES
The Senate
(This section was substituted for the original section by section 15 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [14. (This sub-section was substituted for sub-section (a) by section 13 of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) (a) The Senate shall consist of the following persons, namely:—
Ex-officio Members
(1) The Chancellor;
(2) The Pro-Chancellor;
(3) The Vice-Chancellor;
(4) The Secretary to Government in charge of Education;
(5) The (These expression were substituted for the expressions “Director of Higher Education, Madras”, “Director of Secondary Education, Madras” and “Director of Technical Education, Madras” respectively by paragraph 3 of, and the Schedule to, the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into fore on the 14th January 1969) [Director of Collegiate Education, Tamil Nadu];
(6) The (These expression were substituted for the expressions “Director of Higher Education, Madras”, “Director of Secondary Education, Madras” and “Director of Technical Education, Madras” respectively by paragraph 3 of, and the Schedule to, the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into fore on the 14th January 1969) [Director of School Education, Tamil Nadu];
(7) The (These expression were substituted for the expressions “Director of Higher Education, Madras”, “Director of Secondary Education, Madras” and “Director of Technical Education, Madras” respectively by paragraph 3 of, and the Schedule to, the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into fore on the 14th January 1969) [Director of Technical Education, Tamil Nadu];
(8) The Principals of affiliated colleges who have served as principals for not less than three years;
(9) Every whole-time University Professor in charge of a Department; and
(10) Members of the Syndicate who are not otherwise members of the Senate.
Life Members
(1) Such number of persons not exceeding five as may be nominated by the Chancellor to be life members on the ground that they have rendered eminent services to education;
(2) All persons who have made a donation of not less than Rs. 25,000 before the date of the commencement of the Madras University (Amendment) Act, 1966 to or for the general purposes of the University.
Other Members
(1) Twenty members elected by registered graduates from among themselves in accordance with the system of proportional representation by means of the single transferable vote;
(2) Ten members elected by the Academic Council from among its own body of whom not less than five shall be teachers of affiliated colleges;
(3) Six members elected by the Members of the Legislative Assembly of the (This expression was substituted for the expression “State of Madras” by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1960, which came into force on the 14th January 1969) [State of Tamil Nadu] from among themselves in accordance with the system of proportional representation by means of the single transferable vote;
(4) Three members elected by the Members of the Legislative Council of the (This expression was substituted for the expression “State of Madras” by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1960, which came into force on the 14th January 1969) [State of Tamil Nadu] from among themselves in accordance with the system of proportional representation by means of the single transferable vote;
(5) Three members elected by the principals of approved colleges from among themselves in accordance with the system of proportional representation by means of the single transferable vote;
(6) One member elected by the headmasters of high schools in each of the following revenue districts or groups of revenue districts, from among I themselves, namely:—
(a) Coimbatore and the Nilgiris;
(b) Salem and Dharmapuri;
(c) North Arcot;
(d) Chingleput and Madras;
(e) South Arcot;
(f) Thanjavur;
(g) Tiruchirappalli;
(7) One member elected by the councillors of the Municipal Corporation of Madras, from among themselves;
(8) One member elected by the chairmen of municipal councils and of panchayat union councils in each revenue district in the (This expression was substituted for the expression “State of Madras” by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1960, which came into force on the 14th January 1969) [State of Tamil Nadu], except the area comprising the revenue districts of Madurai, Ramanathapuram, Tirunelveli and Kanyakumari, from among such chairmen and the members of municipal councils, panchayat union councils and panchayats in such revenue district; and
(9) Fifteen members nominated by the Chancellor of whom not less than ten shall be nominated to secure the representation of the Scheduled Castes and Scheduled Tribes not otherwise adequately represented.]
(b) Save as otherwise provided, elected and nominated the members of the Senate shall hold office for a period of three years (The words “from the date of the election or nomination, as the case may be” were omitted by section 2 of the Madras University (Fifth Amendment) Act, 1942 (Madras Act XXXIII of 1942), re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting (No. II) Act, 1948 (Tamil Nadu Act VIII of 1948)) [* * *]:
Provided, however, that no member elected in his capacity as a member of a particular electorate shall hold office for a longer period than three months after he has ceased to be such member unless meanwhile he again becomes a member of that electorate:
Provided also that where an elected or nominated member of the Senate is appointed temporarily to any of the offices by virtue of which he is entitled to be a member of the Senate ex-officio, he shall, by notice in writing signed by him and communicated to the Vice-Chancellor within seven days from the date of his taking charge of his appointment, choose whether he will continue to be a member of the Senate by virtue of his election or nomination or whether he will vacate office as such member and become a member ex-officio by virtue of his appointment and the choice shall be conclusive. On failure to make such choice he shall be deemed to have vacated his office as an elected or nominated member.
(c) When a person ceases to be a member of the Senate he shall cease to be a member of any of the authorities of the University of which he may happen to be a member by virtue of his membership of the Senate.]
The Senate to be the supreme governing body
(This section was substituted for the original section by section 16 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [15. The Senate shall be the supreme governing body of the University and shall have power to review the action of the Syndicate and of the Academic Council save where the Syndicate and the Academic Council have acted in accordance with powers conferred on them under this Act, the Statutes, the Ordinances or the Regulations and shall exercise all the powers of the University not otherwise provided for and all powers requisite to give effect to the provisions of this Act:
Provided that if any question arises whether the Syndicate or the Academic Council has acted in accordance with such powers as aforesaid or not, the question shall be decided by a resolution passed by two-thirds of the number of members present and voting at the meeting of the Senate and the decision shall be final.]
Powers of the Senate
(This section was substituted for section 14 of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [16. (1) In particular and without prejudice to the generality of the powers conferred by section 5, the Senate shall have the following powers, namely:—
(1) to make Statutes and amend or repeal the same;
(2) to modify or cancel Ordinances and Regulations in the manner prescribed by this Act;
(3) to encourage co-operation among University colleges and laboratories, affiliated colleges and approved colleges;
(4) to provide for instruction and training in such branches of learning as it may think fit;
(5) to institute and maintain institutes of research, University colleges, University laboratories, libraries and museums;
(6) to prescribe in consultation with the Academic Council the conditions for approving colleges or institutions in which provision is made for courses of study for admission to the pre-University examination or for the preparation of students for titles or diplomas of the University and to withdraw such approval;
(7) to provide for research and advancement and dissemination of knowledge;
(8) to institute, after consultation with the Academic Council, professorships, readerships, lecturerships and any other teaching posts required by the University;
(9) to prescribe, after consultation with the Academic Council, the conditions for affiliating colleges to the University and to withdraw affiliation from colleges;
(10) to provide, after consultation with the Academic Council, such lectures and instructions for students of University colleges, affiliated colleges and approved colleges as the Senate may determine and also to provide for lectures and instructions to persons not being students of colleges and to grant diplomas to them;
(11) to provide for the inspection of all colleges and hostels;
(12) to institute degrees, titles, diplomas and other academic distinctions;
(13) to confer degrees, titles, diplomas and other academic distinctions on persons who—
(a) shall have pursued an approved course of study in a University college or laboratory or in an affiliated or approved or have been exempted therefrom in the manner prescribed and shall have pawed the prescribed examinations of the University;
(b) shall have carried on research under conditions prescribed;
(14) to confer honorary degrees or other distinctions on the recommendation of not less than two-thirds of the Syndicate;
(15) to establish and maintain hostels;
(16) to institute, after consultation with the Academic Council, fellowships, travelling fellowships, scholarships, studentships, bursaries, exhibitions, medals and prizes;
(17) to prescribe the fees to be charged for the approval and affiliation of colleges, for admission to the examinations, degrees and diplomas of the University, for the registration of graduates, for the renewal of such registration and for all or any of the purposes specified in section 4-A;
(18) to consider and take such action as it may deem fit on the annual report, the annual accounts and the financial estimates;
(19) to institute, after consultation with the Academic Council, a University Extension Board and to maintain it;
(20) to institute, after consultation with the Academic Council, a Publication Bureau, Students’ Unions, Employment Bureau and University Athletic Clubs and other similar Associations and to maintain them;
(21) to enter into any agreement with the Central or any State Government or with a private management for assuming the management of any institution and for taking over its properties and liabilities or for any other purposes not repugnant to the provisions of this Act;
(22) to make Statutes regulating the method of election to the authorities of the University and the procedure at the meeting of the Senate, the Syndicate and other authorities of the University and the quorum of members required for the transaction of business by the authorities of the University other than the Senate;
(23) to recommend to the State Government the recognition of any area within the (This expression was substituted for the expression “State of Madras” by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1960, which came into force on the 14th January 1969) [State of Tamil Nadu] except the area comprising the revenue districts of Madurai, Ramanathapuram, Tirunelveli and Kanyakumari as a University Centre;
(24) to co-operate with other Universities, other academic authorities and colleges in such manner and for such purposes as it may determine; and
(25) to delegate such of its powers as it may deem fit to any authority or authorities of the University constituted under this Act.]
Meetings of the Senate
17. (This sub-section was substituted for the original sub-section by section 18 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [(1) The Senate shall meet at least twice a year on dates to be fixed by the Vice-Chancellor. One of such meetings shall be called the annual meeting. The Senate may also meet at such other times as it may, from time to time, determine.]
(2) (These words were substituted for the words “Thirty-five members” by section 15 of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [Twenty-five] members of the Senate shall be the quorum for a meeting of the Senate:
(This proviso was added by section 2 of the Madras University (Amendment) Act, 1942 (Madras Act III of 1942), re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting (No. II) Act, 1948 (Tamil Nadu Act VIII of 1948)) [Provided that such quorum shall not be required at a convocation of the University or a meeting of the Senate, held for the purpose of conferring degrees, titles, diplomas or other academic distinctions.]
(3) The Vice-Chancellor may, whenever he thinks fit and shall, upon a requisition in writing signed by not less than 35 members of the Senate, convene a special meeting of the Senate.
CHAPTER IV
THE SYNDICATE
The Syndicate
(The paragraphs of section 18, except the last paragraph, were re-lettered as sub-section (a) of section 18 by section 19(1) of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [18. (This sub-section was substituted for sub-section (a) by section 16(1) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [(a) The Syndicate shall, in addition to the Vice-Chancellor, consist of the following persons, namely:—
Ex-officio Members
(1) The (These expression were substituted for the expressions “Director of Higher Education, Madras”, by paragraph 3 of, and the Schedule to, the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into fore on the 14th January 1969) [Director of Collegiate Education, Tamil Nadu]; and
(2) The (This expression was substituted for the expression “Director of Technical Education, Madras” by ibid.) [Director of Technical Education, Tamil Nadu].
Other Members.
(1) Six members elected by the Senate from among its members;
(2) Five members elected by the Academic Council from among its members of whom four shall be teachers of affiliated colleges and the remaining shall be a teacher of an approved college; and
(3) Three members nominated by the Chancellor.
Provided that no wholetime University Professor, University Reader, University Lecturer or wholetime teacher of the University shall be eligible for election or nomination as a member of the Syndicate.]
(Sub-sections (b) and (c) were substituted by section 19(2) of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929) for the last paragraph of the section which was in the following terms, namely:—“Members other than ex-officio members shall hold office for a period of three years, provided that a member nominated or elected in his capacity as a member of a particular body shall hold office so long only within that period, as he continues to be a member of that body”) (b) Save as otherwise provided, elected and nominated members of the Syndicate shall hold office for a period of three years (The words “from the date of the election or nomination, as the case may be”, were omitted by section 2 of the Madras University (Fifth Amendment) Act, 1942 (Madras Act XXXIII of 1942), re-enacted permanently by section 2 of, and the First Schedule to the Tamil Nadu Re-enacting (No. II) Act, 1948 (Tamil Nadu Act VIII of 1948)) [ ]:
Provided, however, that no member elected in his capacity as a member of a particular electorate shall hold office for a longer period than three months after he has ceased to be such member, unless meanwhile he again becomes a member of that electorate:
Provided also that where an elected or nominated member of the Syndicate is appointed temporarily to any of the offices by virtue of which he is entitled to be a member of the Syndicate ex-officio, he shall, by notice in writing signed by him and communicated to the Vice-Chancellor within seven days from the date of his taking charge of his appointment, choose whether he will continue to be a member of the Syndicate by virtue of his election or nomination or whether he will vacate office as such member and become a member ex-officio by virtue of his appointment and the choice shall be conclusive. On failure to make such choice, he shall be deemed to have vacated his office as an elected or nominated member:
Provided also that a member of the Syndicate shall cease to be a member if he subsequently becomes a whole-time University Professor, (These words were inserted by section 16(2) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [University Reader, University Lecturer] or whole-time teacher of the University.
(c) When a person ceases to be a member of the Syndicate, he shall cease to be a member of any of the authorities of the University of which he may happen to be a member by virtue of his membership of the Syndicate.]
Powers of the Syndicate
(This section was substituted for the original section 19 by section 20 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [19. The Syndicate shall have the following powers namely:—
(a) to make Ordinances and amend or repeal the same;
(b) to hold, control and administer the properties and funds of the University;
(c) to direct the form, custody and use of the common seal of the University;
(d) to regulate and determine all matters concerning the University in accordance with this Act, the Statutes, the Regulations and the Ordinances;
(e) to frame the financial estimates of the University and submit the same to the Senate;
(f) to administer all properties and funds placed at the disposal of the University for specific purposes;
(g) to appoint the University (These words were substituted for the words “Professors and Readers” by section 17(i) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [Professors, Readers and Lecturers] and the teachers and servants of the University, fix their emoluments, if any, define their duties and the conditions of their service; and provide for the filling up of temporary vacancies;
(h) to suspend and dismiss the University (These words were substituted for the words “Professors and Readers” by section 17(i) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [Professors, Readers and Lecturers], and the teachers and servants of the University;
(This clause was substituted for the original clause (i) by section 17(ii) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) (i) to accept on behalf of the University endowments, bequests, donations, grants and transfers of any movable and immovable properties made to it provided that all such endowments, bequests, donations, grants and transfers shall be reported to the Senate at its next meeting];
(Clauses (j), (jj), (jjj), (k) and (l) were substituted for original clauses (j), (k) and (l) by section 17(iii), ibid.) [(j) to raise on behalf of the University loans required for the purposes of this Act from the Central or any State Government or the University Grants Commission or any corporation owned or controlled by the Central or any State Government;
(jj) to affiliate colleges to the University and to recognise colleges as approved colleges;
(jjj) to recognise hostels not maintained by the University and to suspend or withdraw recognition of any hostel which not be conducted in accordance with the Ordinances and the conditions imposed thereunder;
(k) to arrange for and direct the inspection of all University colleges affiliated and approved colleges and hostels;
(l) to prescribe in consultation with the Academic Council, the qualification of teachers in University colleges, affiliated and approved colleges and hostels];
(m) to award fellowships, travelling fellowships, scholarships, studentships, bursaries, exhibitions, medals and prizes in accordance with the Statutes;
(n) to charge and collect such fees as may be prescribed;
(o) to conduct the University examination, and approve and publish the results thereof;
(p) to make Ordinances regarding the admission of students to the University or prescribing examinations to be recognized as equivalent to University examinations;
(q) to appoint members to the Boards of Studies;
(r) (i) to appoint examiners after consideration of the recommendations of the Boards of Studies; and
(ii) to fix their remuneration;
(s) to supervise and control the residence and discipline of the students of the University and make arrangements through the colleges for securing their health and well-being;
(This clause was substituted for clause (t) by section 17(iv) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [(t) to manage University Centres, University colleges and laboratories, libraries, museums, institutes of research and other institutions established or maintained by the University];
(u) to manage hostels instituted by the University;
(This clause was omitted by section 5(iii) of the Madras University (Amendment) Act, 1943 (Madras Act XXVII of 1943), re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting (No. II) Act, 1948 (Tamil Nadu Act VIII of 1948)) [(v)* * *];
(These clauses were substituted for the original clause (w) by section 17(v) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [(w) to regulate the working of the University Extension Board;
(ww) manage any lubrication Bureau, Students’ Unions, Employment Bureau and University Athletic Clubs arid other similar associations instituted University;
(www) to review the instruction and teaching of the University;
(wwww) to promote research within the University and to require reports from time to time of such research;
(x) to exercise such other powers and perform such other duties as may be conferred or imposed on it by this Act, or the Statutes, Ordinances or Regulations; and
(y) to delegate any of its powers to the Vice-Chancellor, to a Committee from among its own members or to a Committee appointed in accordance with the Statutes].
Annual report
20. The annual report of the University shall be prepared by the Syndicate and shall be submitted to the Senate on or before such date as may be prescribed by the Statutes and shall be considered by the Senate at its next annual meeting. The Senate may pass resolutions thereon and communicate the same to the Syndicate which shall take action in accordance therewith. The Syndicate shall inform the Senate of the action taken by it. A copy of the report with a copy of the resolutions thereon, if any, of the Senate shall be submitted to the (The words “Provincial Government” were substituted for the words “Local Government” by the Adaptation Order of 1937, read with the Adaptation (Amendment) Order of 1940 and the word “State” was substituted for “Provincial” by the Adaptation Order of 1950) [State Government] for information.
Annual accounts
(This section was substituted for the original section 21 by section 18 of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [21. (1) The annual accounts of the University shall be prepared by the Syndicate and shall be submitted to such examination and audit as the State Government may direct.
(2) The University shall settle objections raised in such audit and carry out such instructions as may be issued by the State Government on the audit report.
(3) The accounts when audited shall be published by the Syndicate in such manner as may be prescribed by the Ordinances and copies thereof shall be submitted to the Senate at its next meeting and to the State Government within three months of such publication.
(4) The Syndicate shall also prepare before such date as may be prescribed by the Statutes the financial estimates for the ensuing year.
(5) The financial estimates prepared by the Syndicate together with the remarks of the Finance Committee thereon and the annual accounts shall be placed before the Senate for approval at its annual meeting and the Senate may pass resolutions with reference thereto and communicate the same to the Syndicate which shall take action in accordance therewith].
CHAPTER V
(This heading was substituted for the head “THE ACADEMIC COUNCIL, THE FACULTIES, THE BOARDS OF STUDIES AND OTHER AUTHORITIES” by section 19 of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [THE ACADEMIC COUNCIL, THE FACULTIES, THE BOARDS OF STUDIES, THE FINANCE COMMITTEE AND OTHER AUTHORITIES]
The Academic Council
22. The Academic Council shall be the academic authority of the University and shall, subject to the provisions of this Act and the Statutes, have the control and general regulation of teaching and examination within the University and be responsible for the maintenance of the standards thereof and shall exercise such other powers and perform such other duties as may be prescribed.
(This marginal heading was substituted for the marginal heading “The Academic Council” by section 20(i) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [Constitution of the Academic Council]
(This section was substituted for the original section 23 by section 22 of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [23. (This sub-section was substituted for sub-section (a) by section 20(ii), ibid.) [(a) The Academic Council shall, in addition to the Vice-Chancellor, consist of the following persons, namely:—
Ex-officio Members
(1) The (These expression were substituted for the expressions “Director of Higher Education, Madras”, “Director of Secondary Education, Madras” and “Director of Technical Education, Madras” respectively by paragraph 3 of, and the Schedule to, the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into fore on the 14th January 1969) [Director of Collegiate Education, Tamil Nadu];
(2) The (These expression were substituted for the expressions “Director of Higher Education, Madras”, “Director of Secondary Education, Madras” and “Director of Technical Education, Madras” respectively by paragraph 3 of, and the Schedule to, the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into fore on the 14th January 1969) [Director of School Education, Tamil Nadu[;
(3) The (These expression were substituted for the expressions “Director of Higher Education, Madras”, “Director of Secondary Education, Madras” and “Director of Technical Education, Madras” respectively by paragraph 3 of, and the Schedule to, the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into fore on the 14th January 1969) [Director of Technical Education, Tamil Nadu];
(4) The Heads of University Departments of Study and Research;
(5) Members of the Syndicate who are not otherwise members of the Academic Council;
(6) The Librarian of the University Library;
(7) The principals of post-graduate colleges and professional colleges excluding training colleges;
(8) The principals of all other affiliated colleges excluding training colleges who have served as principals for not less than three years.
Other Members
(1) Five members elected by the Senate from among its members who are not engaged in teaching;
(2) Five members elected by the principals of affiliated training colleges, from among themselves;
(3) Five members elected by the teachers of affiliated training colleges including physical directors but excluding principals, tutors, demonstrators and physical instructors of such colleges, from among themselves;
(4) Three members elected by the teachers of approved colleges including principals and physical directors but excluding tutors, demonstrators and physical instructors of such colleges, from among themselves of whom two shall be from colleges providing courses of study for admission to the examinations for titles and diplomas of the University and the remaining shall be from colleges providing courses of study for admission to the pre-University examination of the University;
(5) One member from each post-graduate college who is not the principal of such college, elected by the teachers of the college, including physical directors but excluding the principal, tutors, demonstrators and physical instructors, from among themselves;
(6) One member from each professional college, not being an affiliated training college, who is not the principal of such college elected by the teachers of the college including physical directors but excluding the principal, tutors, demonstrators and physical instructors, from among themselves;
(7) One member from each affiliated college other than a post-graduate college or a professional college including an affiliated training college who is not the principal of such college elected by the teachers of the college including physical directors but excluding the principal, tutors, demonstrators and physical instructors, from among themselves;
(8) One member elected by headmasters of high schools in each of the following revenue districts or groups of revenue districts, from among themselves, namely:—
(a) Coimbatore and the Nilgiris.
(b) Salem and Dharmapuri.
(c) North Arcot.
(d) Chingleput and Madras.
(e) South Arcot.
(f) Thanjavur.
(g) Tiruchirappalli.
(9) Six members nominated by the Chancellor on the recommendation of the Vice-Chancellor to represent Tamil, Sanskrit, Hindi and other languages; and
(10) One member nominated by the Chancellor on the recommendation of the Vice-Chancellor to represent physical education].
(b) Save as otherwise provided, elected and nominated members of the Academic Council shall hold office for a period of three years (The words “from the date of the election or nomination, as the case may be” were omitted by section 2 of the Madras University (Fifth Amendment) Act, 1942 (Madras Act XXXIII of 1942), re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting (No. II) Act, 1948 (Tamil Nadu Act VIII of 1948)) [* * *]:
Provided however that no member elected in his capacity as a member of a particular electorate shall hold office for a longer period than three months after he has ceased to be such member unless meanwhile he again becomes a member of that electorate:
Provided also that where an elected or nominated member of the Academic Council is appointed temporarily to any of the offices by virtue of which he is entitled to be a member of the Academic Council ex-officio, he shall by notice in writing signed by him and communicated to the Vice-Chancellor within seven days from the date of his taking charge of his appointment, choose whether he will continue to be a member of the Academic Council by virtue of his election or nomination or whether he will vacate office as such member and become a member ex-officio by virtue of his appointment and the choice shall be conclusive. On failure to make such choice, he shall be deemed to have vacated his office as an elected or nominated member:
(This proviso was substituted for the third proviso by section 20(iii) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [Provided also that a member elected by the Senate from its own body who is not engaged in teaching shall cease to be a member of the Academic Council if he subsequently becomes engaged in teaching.]
(c) When a person ceases to be a member of the Academic Council he shall cease to be a member of any of the authorities of the University of which he may happen to be a member by virtue of his membership of the Academic Council.]
Powers of the Academic Council
(This section was substituted for the original section 24 by section 23 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [24. Subject to the provisions of this Act, the Academic Council shall have he following powers, namely:—
(a) to make regulations and amend or repeal the same;
(b) to advise the Senate and the Syndicate on all academic matters;
(c) to make proposals to the Senate and the Syndicate for the institution of professorships, readerships, lecturerships, or other teaching posts and in regard to the duties and emoluments thereof;
(d) to make regulations regarding the special courses of study or division of subjects in (These words were inserted by section 6(i) of the Madras University (Amendment) Act, 1943 (Madras Act XXVII of 1943), re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting (No. II) Act, 1948 (Tamil Nadu Act VIII of 1948)) [University colleges and laboratories and] (These words were substituted for the words “constituent, affiliated and oriental colleges” by section 2(b) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [affiliated and approved colleges];
(e) to make regulations for the encouragement of co-operation and reciprocity among (These words were inserted by section 6(ii) of the Madras University (Amendment) Act, 1943 (Madras Act XXVII of 1943), re-enacted permanently by section of, and the First Schedule to, the Tamil Nadu Re-enacting (No. II) Act, 1948 (Tamil Nadu Act VIII of 1948)) [University colleges and laboratories and] (these words were substituted for the words “constituent, affiliated and oriental colleges” by section 2(b) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [affiliated and approved colleges] with a view to promoting academic life;
(f) to make regulations regarding courses of study, examinations and the conditions on which students (These words were inserted by section 6(ii), ibid.) [of University colleges and laboratories and] of (These words were substituted for the words “constituent, affiliated and oriental colleges” by section 2(b) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [affiliated and approved colleges] shall be admitted to examinations of the University;
(g) to constitute Faculties in Arts, Science, Law, Medicine, Engineering, Technology, Teaching, Agriculture, (These words were substituted for the words “Commerce, Oriental Learning, Indian System of Medicine, Fine Arts” by section 21(i) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [Commerce, Indian and other languages, Indian System of Medicine, Veterinary Science, Fine Arts] and such other subjects as may be prescribed;
(h) to make proposals to the Syndicate for the framing of Ordinances for the management of University (These words were substituted by section 6(iv) of the Madras University (Amendment) Act, 1943 (Madras Act XXVII of 1943), re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting (No. II) Act, 1948 (Tamil Nadu Act VIII of 1948)) [colleges and] laboratories, libraries and institutes of research (The words “constituent colleges” were omitted by ibid.) [* * *] hostels instituted by the University and other institutions established by the University;
(i) to recommend to the Senate schemes for the constitution or reconstitution of departments of teaching;
(These clauses were substituted for original clause (j) by section 21(ii) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [(j) to advise the Syndicate on the promotion of research in the University;
(jj) to receive and to call for and to consider reports from the Syndicate reviewing the instruction and teaching of the University and the research work done in the University; and]
(k) to appoint a Standing Committee of which not less than one-third shall be members of the Academic Council who are Principals or teachers of affiliated colleges and to delegate to it such of its powers as it may deem fit.]
(This section was substituted for the original section 25 by section 24 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [25. (Section 25 was renumbered as sub-section (1) of that section by section 22(i) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [(1)] The University shall include Faculties of Arts, Science, Lam, Medicine, Engineering, (Those words were substituted for the words “Teaching, Agriculture, Commerce, Oriental Learning, fine Arts” by section 22(i) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [Technology, Teaching, Agriculture, Commerce, Indian and other languages, Indian System of Medicine, Veterinary Science, Fine Arts], and such other Faculties as may be prescribed by the Statutes. Each Faculty shall comprise such departments of teaching as may be prescribed by the Ordinances. The constitution and functions of the Faculties shall in other respects be prescribed by the Regulations; provided that not less than three-fourths of the total number of members of every Faculty shall be members of the Academic Council.]
(This sub-section was inserted by section 22(ii), ibid.) [(2) Notwithstanding anything contained in sub-section (1), the Academic Council may, on the recommendation of the Syndicate, appoint any teacher of the University as a member of a Faculty.]
The Boards of Studies
(This section was inserted by section 25 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [25-A. There shall be Boards of Studies attached to each department of teaching. The constitution and powers of the Boards of Studies shall be prescribed by the Ordinances.]
Finance Committee
(This section was inserted by section 23 of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [26. (1) The Finance Committee shall consist of the following five members, namely:—
(i) The Vice-Chancellor;
(ii) The Secretary to Government in charge of Education;
(iii) Three members nominated by the syndicate from among its members.
(2) If for any reason the officer referred to in clause (ii) of sub-section (1) is unable to attend any meeting of the Finance Committee, he may depute any officer of the Department to attend such meeting. The officer so deputed shall have the right to take part in the discussions of the Committee and shall have the right to vote.
(3) (i) The Syndicate shall, in the manner prescribed by the Ordinances, prepare the financial estimates of the University and place the same before the Finance Committee.
(ii) The Finance Committee shall then scrutinise the said estimates and may make such modifications therein as it considers necessary.
(iii) The said estimates, as modified by the Finance Committee, shall then be laid before the Syndicate for consideration. The Syndicate may accept the modifications made by the Finance Committee and place the estimates as so modified before the Senate for approval. If the Syndicate does not accept the modifications, it shall place before the Senate the estimates, the modifications made or the objections raised by the Finance Committee and the reasons for the non-acceptance. The Senate shall consider the estimates so laid before it and shall sanction the same either without modifications or with such modifications as it thinks fit:
Provided that the Senate shall not make any modifications in the estimates which have the effect of increasing the estimates of expenditure or reducing the estimates of income.]
(This section was omitted by section 26 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [27. * * *]
Constitution of other authorities
28. The constitution of such other (This word was substituted for the word “authorities” by section 27, ibid.) [bodies] as may be declared by the Statutes to be authorities of the University shall be provided for in the manner prescribed.
CHAPTER VI
STATUTES, ORDINANCES AND REGULATIONS
Statutes
29. Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:—
(a) the constitution, (These words were inserted by section 24(i) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [or reconstitution], powers and duties of the authorities of the University;
(b) the conditions of recommendation by the Senate of (These words were substituted for the words “local areas” and “University Centres” respectively by section 24(ii), ibid.) [any area within the (This expression was substituted for the expression “State of Madras” by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1960, which came into force on the 14th January 1969) [State of Tamil Nadu] except the area comprising the revenue districts of Madurai, Ramanathapuram, Tirunelveli and Kanyakumari] to be recognized by the Government as (These words were substituted for the words “local areas” and “University Centres” respectively by section 24(ii), ibid.) [University centre];
(This clause was substituted for clause (c) by section 24(iii) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [(c) the conditions of recognition of approved colleges and of affiliation to the University of affiliated colleges;]
(d) the institution and maintenance of (These words were substituted for the words “constituent colleges” by section 7 of the Madras University (Amendment) Act, 1943 (Madras Act XXVII of 1943), re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting (No. II) Act, 1948 (Tamil Nadu Act VIII of 1948)) [University colleges and Laboratories and hostels;
(Clauses (e) and (m) were omitted and clauses (f), (g), (h), (i), (j), (k), (l) and (n) were re-lettered as clauses (e), (f), (g), (h), (i), (j), (k) and (l) respectively and for clauses (e) and (h) as so re-lettered existing clauses (e) and (h) were substituted by section 28 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) (e) the powers, duties and conditions of service of the officers of the University other than the Chancellor and the Pro-Chancellor;]
(Clauses (e) and (m) were omitted and clauses (f), (g), (h), (i), (j), (k), (l) and (n) were re-lettered as clauses (e), (f), (g), (h), (i), (j), (k) and (l) respectively and for clauses (e) and (h) as so re-lettered existing clauses (e) and (h) were substituted by section 28 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [(f)] the holding of, convocations to confer degrees;
(Clauses (e) and (m) were omitted and clauses (f), (g), (h), (i), (j), (k), (l) and (n) were re-lettered as clauses (e), (f), (g), (h), (i), (j), (k) and (l) respectively and for clauses (e) and (h) as so re-lettered existing clauses (e) and (h) were substituted by section 28 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [(g)] the conferment of honorary degrees;
(Clauses (e) and (m) were omitted and clauses (f), (g), (h), (i), (j), (k), (l) and (n) were re-lettered as clauses (e), (f), (g), (h), (i), (j), (k) and (l) respectively and for clauses (e) and (h) as so re-lettered existing clauses (e) and (h) were substituted by section 28 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) (h) the administration of endowments and the institution and conditions of award of fellowships, travelling fellowships, scholarships, studentships, bursaries, exhibitions, medals and prizes;]
(Clauses (e) and (m) were omitted and clauses (f), (g), (h), (i), (j), (k), (l) and (n) were re-lettered as clauses (e), (f), (g), (h), (i), (j), (k) and (l) respectively and for clauses (e) and (h) as so re-lettered existing clauses (e) and (h) were substituted by section 28 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [(i)] the classification and the mode of appointment of the teachers of the University;
(Clauses (e) and (m) were omitted and clauses (f), (g), (h), (i), (j), (k), (l) and (n) were re-lettered as clauses (e), (f), (g), (h), (i), (j), (k) and (l) respectively and for clauses (e) and (h) as so re-lettered existing clauses (e) and (h) were substituted by section 28 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [(j)] the institution of pension, (This word was inserted by section 24(iv) (Clauses (e) and (m) were omitted and clauses (f), (g), (h), (i), (j), (k), (l) and (n) were re-lettered as clauses (e), (f), (g), (h), (i), (j), (k) and (l) respectively and for clauses (e) and (h) as so re-lettered existing clauses (e) and (h) were substituted by section 28 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [gratuity] or provident fund for the benefit of the teachers of the University or its servants;
(Clauses (e) and (m) were omitted and clauses (f), (g), (h), (i), (j), (k), (l) and (n) were re-lettered as clauses (e), (f), (g), (h), (i), (j), (k) and (l) respectively and for clauses (e) and (h) as so re-lettered existing clauses (e) and (h) were substituted by section 28 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [(k)] the maintenance of a register of registered graduates; (This word was inserted by section 28 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929) [and]
(Clauses (e) and (m) were omitted and clauses (f), (g), (h), (i), (j), (k), (l) and (n) were re-lettered as clauses (e), (f), (g), (h), (i), (j), (k) and (l) respectively and for clauses (e) and (h) as so re-lettered existing clauses (e) and (h) were substituted by section 28 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [(l)] all matters which by this Act may be prescribed by the Statutes.
Statutes, how made
30. (Sub-sections (1) and (2) were omitted and sub-sections (3) to (6) were re-numbered as sub-sections (1) to (4) respectively by section 29, ibid.) [(1)] The Senate may of its own motion take into consideration the draft of any Statute, provided that in any such case before a Statute is passed affecting the powers or duties of any officer or authority, the opinion of the Syndicate and a report from the person, or authority concerned shall have been taken into consideration by the Senate.
(Sub-sections (1) and (2) were omitted and sub-sections (3) to (6) were re-numbered as sub-sections (1) to (4) respectively by section 29 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act 2 of 1929)) [(2)] The Syndicate may propose to the Senate the draft of any Statute. Such draft may be considered by the Senate at its next succeeding meeting. The Senate may approve such draft and pass the Statute or may reject it or return it to the Syndicate for reconsideration either in whole or in part together with any amendments which the Senate may suggest. After any draft so returned has been further considered by the Syndicate together with any amendments suggested by the Senate, it shall be again presented to the Senate with the report of the Syndicate thereon and the Senate may then deal with the draft in any manner it thinks fit.
(Sub-sections (1) and (2) were omitted and sub-sections (3) to (6) were re-numbered as sub-sections (1) to (4) respectively by section 29 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act 2 of 1929)) [(3)] (These words were substituted for the words “Where any Statute has been passed by Senate or a draft of a Statute has been rejected by the Senate” by section 25(i) of the Madras University (Amendment) Act, 1966 (Tamil Nadu act 2 of 1966)) [Where any Statute has been passed by the Senate or a draft of a Statute recommended by the Syndicate has been rejected by that Senate] it shall be submitted to the Chancellor who may refer the Statute or draft back to the Senate for further consideration or in the case of a Statute passed by the Senate assent thereto or withheld his assent. A Statute passed by the Senate shall have no validity until it has been assented to by the Chancellor.
(Sub-sections (1) and (2) were omitted and sub-sections (3) to (6) were re-numbered as sub-sections (1) to (4) respectively by section 29 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act 2 of 1929)) [(4)] The Syndicate shall not propose the draft of any Statute or of any amendment to a Statute--
(a) affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion upon the proposal; any opinion so expressed shall be in writing and shall be considered by the Senate and shall be submitted to the Chancellor; or
(This clause was substituted for the original clause (b) by section 25(ii) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [(b) affecting the conditions of affiliation or approval of affiliated or approved colleges with the University or by the University, as the case may be, except after consultation with the Academic Council.]
Ordinances
31. Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely:—
(a) the admission of students to the University and the levy of fees in (These words were substituted for the words “colleges maintained by the University” by section 8 of the Madras University (Amendment) Act, 1943 (Madras Act XXVII of 1943), re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting (No. II) Act, 1948 (Tamil Nadu Act VIII of 1948)) [University colleges and laboratories];
(Clause (b) was omitted and clauses (c) to (j) were re-lettered as clauses (b) to (i) respectively by section 30 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [(b)] the conditions of residence of the students of the University and the levy of fees for residence in hostels maintained by the University;
(Clause (c) was substituted for the original clause (c) as re-lettered by ibid.) [(c) the conditions of recognition of hostels not maintained by the University;]
(Clause (b) was omitted and clauses (c) to (j) were re-lettered as clauses (b) to (i) respectively by section 30 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [(d)] (The word “number” was omitted by ibid.) [***] qualifications and emoluments of teachers of the University;
(Clause (b) was omitted and clauses (c) to (j) were re-lettered as clauses (b) to (i) respectively by section 30 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [(e)] the fees to be charged for courses of teaching given by teachers of the University, (This word was inserted by ibid.) [and] for tutorial and supplementary instruction given by the University (The words “for admission to the examinations, degrees and diplomas of the University and for the registration of graduates” were omitted by ibid.) [****];
(Clause (b) was omitted and clauses (c) to (j) were re-lettered as clauses (b) to (i) respectively by section 30 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [(f)] the conditions subject to which persons who may hereafter be permanently employed may be recognized as qualified to give instruction in (These words were substituted for the words “constituent, affiliated and oriental colleges” by section 2(b) of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [affiliated and approved colleges] and hostels;
(Clause (b) was omitted and clauses (c) to (j) were re-lettered as clauses (b) to (i) respectively by section 30 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [(g)] the appointment and duties of examiners;
(Clause (b) was omitted and clauses (c) to (j) were re-lettered as clauses (b) to (i) respectively by section 30 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [(h)] the conduct of examinations; and
(Clause (b) was omitted and clauses (c) to (j) were re-lettered as clauses (b) to (i) respectively by section 30 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [(i)] all matters which by this Act or by the Statutes may be provided for by the Ordinances.
Ordinances how made
32. (Sub-section (1) was substituted for the original sub-section by section 31 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [(1) In making Ordinances the Syndicate shall consult—
(i) the Boards of Studies when such Ordinances affect the appointment and duties of examiners, and
(ii) the Academic Council when they affect the conduct or standard of examinations, or the conditions of residence of students.]
(2) All Ordinances made by the Syndicate shall have effect from such date as it may direct, but every Ordinance so made shall be submitted as soon as may be to the Chancellor and the Senate and shall be considered by the Senate at its next succeeding meeting. The Senate shall have power by a resolution passed by a majority of not less than two-thirds of the members present at such meeting to cancel or modify any such Ordinance.
(3) The Chancellor may direct that the operation of any Ordinance shall be suspended until such time as the Senate has had an opportunity of considering the same.
Regulations how made
33. The Academic Council may make Regulations consistent with this Act and the Statutes to carry out the duties assigned to it thereunder.
All such Regulations shall have effect from such date as the Academic Council may direct; but every Regulation so made shall be submitted as soon as may be to the Senate who shall consider it at its next meeting. The Senate shall have power, by a resolution passed by a majority of not less than two-thirds of the members present at such meeting, to cancel or modify any such Regulation.
CHAPTER VII
ADMISSION AND RESIDENCE OF STUDENTS
Residences and hostels
34. Every student of the University (These words were inserted by section 26 of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [other than Residences the non-collegiate students] shall reside in a hostel or under such other conditions as may be prescribed.
Admission to University examinations
(Sections 35 and 36 were substituted for original sections 35 and 36 by section 27, ibid.) [35. No candidate shall be admitted to any University examination unless he is enrolled as a member of a University college or laboratory or of an affiliated or approved college and has satisfied the requirements as to the attendance required under the Regulations for the same or unless he is exempted from such requirement of enrolment or attendance or both by an order of the Syndicate passed on the recommendation of the Academic Council made under the Regulations prescribed. Exemptions granted under this section shall be subject to such condition as the Syndicate may think fit.
University shall cease to exercise any control over the recognition of such institutions and from the date of such notification the University shall cease to exercise such control.
CHAPTER VIII
GENERAL
Fillings of casual vacancies
(These sections were substituted for sections 38, 39 and 40 by section 28 of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [38. All casual vacancies among the members (other than ex-officio members) of any authority or other body of the University shall be filled as soon as conveniently may be, by the person or body who or which nominated or elected the member whose place has become vacant and the person nominated or elected to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills could have been a member:
Provided that vacancies arising by efflux of time among elected members of any authority or other body of the University may be filled at elections which may be fixed by the Vice-Chancellor to take place on such days not earlier than two months from the date on which the vacancies arise, as he thinks fit:
Provided further that no casual vacancy shall be filled if such vacancy occurs within six months before the date of the expiry of the term of the members of any authority or other body of the University.
Proceedings of the University authorities and bodies not invalidated by vacancies
39. No act or proceeding of any authority or other body of the University shall be invalidated merely by reason of the existence of any vacancy or of any defect or irregularity in the election or appointment of a member of any authority or other body of the University or of any defect or irregularity in such act or proceeding not affecting the merits of the case or on the ground only that the Senate did not meet twice in any year.
Removal from membership of the University
40. (1) The Senate may,—
(a) on the recommendation of not less than, two-thirds of the members of the Syndicate remove by an order in writing made in this behalf the name of any person from the register of graduates; or
(b) remove by an order in writing made in this behalf any person from membership of any authority of the University by a resolution passed by a majority of the total membership of the Senate and by a majority of not less than two-thirds of the members of the Senate present and voting at the meeting, if such person has been convicted by criminal court for an offence which in the opinion of the Senate involves moral turpitude or if he has been guilty of gross misconduct and for the same reason, may withdraw any degree or diploma conferred on, or granted to, that person by the University.
(2) The Senate may also by an order in writing made in this behalf remove any person from the membership of any authority of the University if he becomes of unsound mind or deaf-mute or suffers from leprosy or has applied to be adjudicated or has been adjudicated as an insolvent.
(3) No action under this section shall be taken against any person unless he has been given a reasonable opportunity to show cause against the action proposed to be taken.
(4) A copy of every order passed under sub-section (1) or sub-section (2), as the case may be,, shall, as soon as may be after it is so passed, be communicated to the person concerned in the manner prescribed by Regulations.]
Disputes as to constitution of University authority
41. If any question arises whether any person has been duly elected or nominated as or is entitled to be a member of (These words were substituted for the words “any authority of the University” by section 29 of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [any authority or other body of the University], the question shall be referred to the Chancellor whose decision thereon shall be final.
Constitution of committees
(This section was substituted for the original section 42 by section 35 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [42. All the authorities of the University shall have power to appoint committees and to delegate to them such of their powers as they deem fit; such committees shall, unless there be some special provision in this Act to the contrary, consist of such members of the authority concerned and of such other persons, if any, as the authority in each case may think fit.]
Conditions of service
43. (1) Save as otherwise provided, every salaried officer and teacher of the University shall be appointed under a written contract.
The contract shall be lodged with the Registrar of the University and a copy thereof shall be furnished to the officer or teacher concerned.
(2) Any member of the public services in India whom it is proposed to appoint to a post in the University shall, subject to the approval of such appointment by (These words were substituted for the words “the Government” by the Adaptation Order of 1937) [the Government concerned] have the option—
(i) of having his services lent to the university for a specific period and remaining liable to recall to Government service at the (This word was substituted for the word “discretion” by ibid.) [option] of (This word was substituted for the word “discretion” by ibid.) [the Government concerned] at the end of that period, or
(ii) of resigning Government service on entering the service of the University: Provided, however, that nothing in this section shall prohibit the employment of a member of the public services as a part-time servant of the University with the approval of (These words were substituted for the words “the Government” by the Adaptation Order of 1937) [the Government concerned].
CHAPTER IX
UNIVERSITY FUNDS
Funds of the University
(This section was substituted for the original section 44 by section 30 of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [44. The University shall have a fund to which shall be credited—
(1) its income from fees, endowments, grants, donations and gifts, if any; and
(2) any contribution by the Central Government, any State Government, the University Grants Commission or like authority, any local authority any other corporation owned or controlled by the Central or any State Government.]
Transfer of Government Institutions to the University
45. The (The words “Provincial Government” were substituted for the words “Local Government” by the Adaptation Order of 1937, read with the Adaptation (Amendment) Order of 1940 and the word “State” was substituted for “Provincial” by the Adaptation Order of 1950) [State Government] may at any time after the passing of this Act transfer to the University the control and management of any of (These words were substituted for the words “its institutions” by section 3 of, and the Second Schedule to, the Tamil Nadu Repealing and Amending Act, 1951 (Tamil Nadu Act XIV of 1951)) [their institutions] on such terms and conditions as (These words were substituted for the words “it may deem proper” by ibid.) [they may deem proper]. (The second sentence of section 45 was omitted by the Adaptation Order of 1937, as amended by the Adaptation (Amendment) Order of 1950) [* * *]
CHAPTER X
TRANSITORY PROVISIONS
Completion of course for students in colleges affiliated to the Madras University under previous Act
46. Notwithstanding anything contained in this Act or the Ordinances, any student of a college affiliated to the University of Madras established under Act XXVII of 1857, who was studying for any examination of the said University, shall be permitted to complete his course in preparation therefor and the University shall hold for such students examinations in accordance with the curricula of studies of that University for such period as may be prescribed.
Appointment of First Vice-Chancellor
47. Notwithstanding anything contained in sub-section (1) of section 11, within three months after the passing of this Act, the first Vice-Chancellor shall be appointed by the Chancellor on a salary to be fixed by him for a period not exceeding three years and on such other conditions as he thinks fit.
Transitory powers of the Vice-Chancellor
48. (1) It shall be the duty of the Vice-Chancellor to make arrangements for constituting the Senate, the Syndicate, the Academic Council and the Council of Affiliated Colleges within six months after the date of his appointment or such longer period not exceeding one year as the (The words “Provincial Government” were substituted for the words “Local Government” by the Adaptation Order of 1937, read with the Adaptation (Amendment) Order of 1940 and the word “State” was substituted for “Provincial” by the Adaptation Order of 1950) [State Government] may by notification direct.
(2) The Vice-Chancellor shall with the assistance of an advisory committee nominated by the Chancellor draw up any rules that may be necessary for regulating the method of election to those authorities subject to the provisions of the Act and the approval of the Chancellor.
(3) The authorities constituted under sub-section (1) shall commence to exercise their functions on such date or dates as the (The words “Provincial Government” were substituted for the words “Local Government” by the Adaptation Order of 1937, read with the Adaptation (Amendment) Order of 1940 and the word “State” was substituted for “Provincial” by the Adaptation Order of 1950) [State Government] may by notification direct.
(4) The Regulations of the University of Madras in force at the time of the coming into operation of sections 3 and 4 of this Act shall, so far as they may be applicable, continue to be in force until they are replaced by the Statutes, Ordinances and Regulations to be framed under this Act.
(4) It shall be the duty of the Vice-Chancellor to draft such Statutes, Ordinances and Regulations as may be necessary and submit them to the respective authorities competent to deal with them for their disposal. Such Statutes, Ordinances and Regulations when framed shall be published in the (These words were substituted as sub-section (1) of that section and after sub-section (1) as so renumbered, sub-section (2) was inserted by section 31 of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [Official Gazette].
First appointments of University staff
49. The Vice-Chancellor shall have power—
(1) to appoint such advisory committees as he may think fit, and
(2) to appoint such clerical and mental staff as may be necessary subject to the sanction of the Chancellor.
Removal by State Government of difficulties at the commencement of the Act
50. (Section 50 was renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, sub-section (2) was inserted by section 31 of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [(1)] If any difficulty arises as to the first constitution or reconstitution of any authority of the University after the commencement of this Act, or otherwise in first giving effect to the provisions of this Act, the (The words “Provincial Government” were substituted for the words “Local Government” by the Adaptation Order of 1937, read with the Adaptation (Amendment) Order of 1940 and the word “State” was substituted for “Provincial” by the Adaptation Order of 1950) [State Government], as occasion may require, may by order do anything, which appears to them necessary for the purpose of removing the difficulty.
(Section 50 was renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, sub-section (2) was inserted by section 31 of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [(2)] Every order issued under sub-section (1) shall, as soon as possible after it is issued, be placed on the table of both Houses of the Legislature and if, shall, as soon as possible after it is issued, be placed on before the expiry of the session in which it is so placed or the next session, both Houses agree in making any modification in any such order or both Houses agree that the order should not be issued, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.
CHAPTER XI
MISCELLANEOUS
Passing of property and rights to the University as reconstituted
51. All (This word was substituted for the word “Property” by section 37 of the Madras University (Amendment) Act, 1929 (Tamil Nadu Act XII of 1929)) [properties], all rights of whatever kind used, enjoyed, or possessed by, and all interests of whatever kind owned by, or vested in, or held in trust by, or for, the University of Madras as constituted under the Indian Universities Act, 1904, as well as all liabilities legally subsisting against the said University shall pass to the University as constituted under this of Act.
Provident Fund
52. Where a pension or provident fund has beer instituted by the Senate for the benefit of the officers, teachers or servants of the University, the (The words “Provincial Government” were substituted for the words “Local Government” by the Adaptation Order of 1937, read with the Adaptation (Amendment) Order of 1940 and the word “State” was substituted for “Provincial” by the Adaptation Order of 1950) [State Government] may declare that the provisions of the Provident Fund Act, 1897, shall apply to such fund as if the University were n local authority and the fund a Government Provident Fund.
Report on affiliated and approved colleges
(These sections were substituted for the original section 53 by section 32 of the Madras University (Amendment) Act, 1966 (Tamil Nadu Act 2 of 1966)) [53. The Senate shall, at the end of every five years from the date of the commencement of the Madras University (Amendment) Act, 1966, submit a report to the State Government on the condition of affiliated and approved colleges. The State Government shall lay the report on the table of both Houses of the Legislature and shall take such action on it as they deem fit.
Power to obtain information
54. Notwithstanding anything contained in this Act or any other law or the time being in force, the State Government may, by order in writing call for any information from the University on any matter relating to the affairs of the University and the University shall, if such information is available with it, furnish the State Government with such information within a reasonable period:
Provided that in the case of information which the University considers confidential, the University may inform the State Government that such information cannot be made available to the State Government and shall place the same before the Chancellor.
Registration of graduates
54.A. (I) Every person ordinarily resident in, the (This expression was substituted for the expression “State of Madras” by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1960, which came into force on the 14th January 1969) [State of Tamil Nadu] except the area comprising the revenue districts of Madurai, Ramanathapuram, Tirunelveli and Kanyakumari, who—
(i) has been for atleast three years a graduate of any University in the territory of India; or
(ii) is a registered graduate of any University in the territory of India,
shall be entitled to have his name entered in the register of graduates maintained under this Act for a period of five years on payment of such fee and subject to such conditions as may be prescribed by the Statutes.
(2) All applications for registration under sub-section (1) shall be sent to the Registrar together with the prescribed fee and such proof of qualifications as may be prescribed by the Statutes.
(3) The Registrar shall, on receipt of an application made under sub-section (2) and after making such enquiry as he deems fit, enter in the register of graduates the name of the applicant.
(4) Every person whose name has been entered in the register of graduates under sub-section (3) shall be entitled to have such entry renewed every five years on application made in that behalf to the Registrar within such time, in such manner and on payment of such fee as may be prescribed by the Statutes.]
Repeal of certain enactments
55. As from the date on which sections 3 and 4 are brought in to operation the enactments specified in Schedule II shall be repealed to the extent specified in the fourth column thereof.
[SCHEDULE I * * *]
SCHEDULE II
Enactments Repealed
(See section 55)
Year
|
Number
|
Short title
|
Extent of repeal
|
1857
|
XXVIII
|
The Madras University Act, 1857
|
So much as is unrepealed
|
1904
|
VIII
|
The Indian University Act, 1904
|
In sub-section (1) of section 6, the word “Madras”.
In sub-section (a) of section 12, the word “Madras”.
In the first schedule the heading “The University of Madras” and the entries under that heading.
|
(These word were substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the 14th January 1969) [TAMIL NADU] ACT NO. XII OF 1929 (For State of Objects and Reasons, see Fort St. George Gazette, dated the 18th October 1927—part IV, pages 117-118.)
 [THE MADRAS UNIVERSITY (AMENDMENT) ACT, 1929]
(Received the assent of the Governor-General on the 12th October 1929, was first published in the Fort St. George Gazette of the 29th October 1929.)
[An Act to amend the Madras University Act, 1923.
Preamble
WHEREAS it is expedient to amend the Madras University Act, 1923, for the purposes hereinafter appearing; It is hereby enacted as follows:—
Short title
1. This Act may be called the Madras University (Amendment) Act, 1929.
(Section 2 to 39 were replaced by section 2 of, and the first Schedule to the Tamil Nadu Repealing and Amending Act, 1951 (Tamil Nadu Act XIV of 1951) [2 to 39 * * *]
Existing Statutes, Ordinances and Regulations to continue in force till replaced
40. The Statutes, ordinances and Regulations in force at the time of commencement of this Act shall continue to been force until they are replaced by Statutes, Ordinances or Regulation framed under the said Act as amended by this Act.
Transitory provisions re-existing members of Senate, Syndicate and Academic Council
41. In their application to the members of the Senate, Syndicate and Academic Council in office at the commencement of this Act and the first reconstitution of these authorities in accordance therewith, the Provisions of the said Act and of this Act shall be read subject to the rules contained in the Schedule.
THE SCHEDULE
Transitory Provisions
1. The (The words “Provincial Government” were substituted for the words “Local Government” by the Adaptation Order of 1937, read with the Adaptation (Amendment) Order of 1940 and the word “State” was substituted for “Provincial” by the Adaptation Order of 1950) [State Government] shall fix a date, not later than the 31st day of March 1930, on which the term of office of members of the Senate, Syndicate and Academic Council holding office at the commencement of this Act shall expire.
2. Any vacancy in the office of member of the Senate, Syndicate or Academic Council which is in existence at the commencement of this Act or which occurs before the date fixed under rule 1 shall be filled up in the same manner as it would have been filled up if this Act had not been passed:
Provided that any person elected or appointed as member under this rule shall hold office only up to the date referred to in rule 1:
Provided however that the Syndicate may decide to have no election in the case of vacancies that may last for less than three months.
3. The Vice-Chancellor shall cause arrangements to be made for the election or appointment of member of the Senate, Syndicate and Academic Council so that the newly elected and appointed members may come into office on the date fixed under rule 1 for the expiry of the term of office of members holding office at the commencement of this Act.
4. No acts or proceedings of the Academic Council reconstituted under this Act shall be deemed to be invalid by reason only of non-compliance with the provisions of clause (2) of class II of sub-section (a) of section 23 of the said Act as amended by this Act.
5. If any difficulty arises as to the reconstitution of the Senate, Syndicate or Academic Council under this Act, the (The words “Provincial Government” were substituted for the words “Local Government” by the Adaptation Order of 1937, read with the Adaptation (Amendment) Order of 1940 and the word “State” was substituted for “Provincial” by the Adaptation Order of 1950) [State Government], as occasion may require, may, by order, do anything which appears to them necessary for the purpose of removing the difficulty.
(These word were substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969) [TAMIL NADU] ACT No. 111 OF 1942 (For Statement of Objects and Reasons, see Fort St. George Gazette, dated the 16th December 1941—Part IV-A, page 192)
[THE MADRAS UNIVERSITY (AMENDMENT) ACT, 1942]
(Received the assent of the Governor on the 18th February 1942; first published in the Fort St. George Gazette on the 3rd March 1942.)
An Act further to amend the Madras University Act, 1923.
WHEREAS doubts have arisen as to whether the quorum prescribed by sub-section (2) of section 17 of the Madras University Act, 1923, for meetings of the Senate should be present at convocations of the University and meetings of the Senate, held for the purpose of conferring degrees, titles, diplomas and other academic distinctions;
AND WHEREAS it is expedient to remove those doubts and also to validate the proceedings at all convocations and meetings held for the purpose aforesaid, at which the said quorum was not present;
(These words were substituted for the paragraph containing the enacting formula and the paragraph preceding that paragraph by section 5 of the Tamil Nadu Re-enacting (No. II) Act, 1948 (Tamil Nadu Act VIII of 1948)) [It is hereby enacted as follows:—]
Short title
1. This Act may be called the Madras University (Amendment) Act, 1942.
(Section 2 was repealed by Tamil Nadu Act XI of 1952) [2. ]
Validation of degrees, titles, etc., already conferred
3. No degree, title, diploma or other academic distinction conferred at any convocation of the University or meeting of the Senate, held before the commencement of this Act shall be deemed to be invalid merely on the ground that the quorum prescribed by sub-section (2) of section 17 of the said Act was not present at such convocation or meeting.
(These word were substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969) [TAMIL NADU] ACT No. 2 OF 1966 (For Statement of Objects and Reasons, see Fort St. George Gazette, Extraordinary, dated the 10th November 1965. Part IV—Section 3, pages 339-340)
THE MADRAS UNIVERSITY (AMENDMENT) ACT 1966
Received the assent of the Governor on the 20th February 1966, first published in the Fort St. George Gazette, on the 23rd February 1966 (Phalguna 4, 1887).]
An Act further to amend the Madras university Act, 1923.
BE it enacted by the Legislature of the (This expression was substituted for the expression “State of Madras” by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1960, which came into force on the 14th January 1969) [State of Tamil Nadu] in the Seventeenth Year of the Republic of India as follows:—
Short title and commencement
(1) This Act may be called the Madras University (Amendment) Act, 1966.
(2) It shall come into force oil such date as the State Government may, by notification, appoint.
2-32. [The amendments made by these sections have already been incorporated in the principal Act, namely, the Madras University Act, 1923 (Tamil Nadu Act VII of 923).]
Constituent and Oriental colleges to be deemed to be affiliated and approved colleges
33. (1) All colleges which, immediately before the date of the commencement of this Act,—
(a) continue to be recognised by the University of Madras Constituent colleges or as Oriental colleges;
(b) provide courses of study for admission to the examinations for degrees of the University of Madras,
shall be deemed to be colleges affiliated to the University of Madras under the principal Act as amended by this Act and the provisions of the principal Act as amended by this Act shall, as far as may be, apply accordingly.
(2) All colleges which immediately before the date of the commencement of this Act continue to be recognised by the University of Madras as—
(a) Oriental colleges providing courses of study for admission to the examinations of the University of Madras for titles and diplomas; and
(b) Colleges providing courses of study for admission to the Pre-University examination of the University of Madras,
Shall be deemed to be colleges approved by the University of Madras under the principal Act as amended by this Act and the provisions of the principal Act as amended by this Act shall, as far as may be, apply accordingly.
Continuance in office of members of the University of Madras
34. Notwithstanding any thing contained in the principal Act or in this Act, all persons holding office as members of the Senate, the Syndicate and the Academic Council on the date of the commencement of this Act shall continue to hold office up to such date as the State Government may, by notification, fix in this behalf, or where no such date is fixed, up to the date on which their term of office would have expired if this Act had not come into force.
Continuance in office of the Vice-Chancellor of the University of Madras
35. The vice-Chancellor of the University of Madras holding office on the date of the commencement of this Act shall be deemed to be the Vice-Chancellor appointed under the principal Act as amended by this Act and shall continue to hold office up to the date on which his term of office would have expired if this Act had not come into force.
Act not to apply to certain colleges and institutions
36. Nothing contained in the principal Act as amended by this Ad, shall apply to colleges and institutions situate in the area comprising the revenue districts of Madurai, Ramanathapuram, Tirunelveli and Kanyakumari.
TAMIL NADU ACT NO. 10 OF 1977 (For Statement of Object and Reasons, See Tamil Nadu Government Gazette, Extraordinary, dated the 25th August 1977, Part IV—Section 1, Page 51)
THE MADRAS UNIVERSITY (AMENDMENT) ACT, 1977
[Received the assent of the President on the 13th December 1977, first published in the Tamil Nadu Government Gazette Extraordinary on the 16th December 1977 (Margazhi 1, Pinkala (2008-Tiruvalluvar Andu)).]
An Act further to amend the Madras University Act, 1923.
BE it enacted by the Legislature of the State of Tamil Nadu in the Twenty-eighth Year of the Republic of India as follows:—
Short title and commencement
1. (1) This Act may he called the Madras University (Amendment) Act, 1977.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
Amendment of section 2, Tamil Nadu Act VII of 1923
2. In section 2 of the Madras University Act, 1923 (Tamil Nadu Act VII of 1923) (hereinafter referred to as the principal Act), clause (aaa) shall be re-lettered as clause (aaaa) and before clause (aaaa) as so re-lettered, the following clause shall be inserted, namely:—
“(aaa) ‘autonomous College’ means any College designated as an autonomous College by statutes;”.
Amendment of section 4-A, Tamil Nadu Act VII of 1923
3. In section 4-A of the principal Act,—
(1) after clause (6), the following clause shall be inserted, namely:—
“(6-A) to confer degrees, titles, diplomas and other distinctions on persons who shall have pursued an approved course of study in an autonomous College;”.
(2) after clause (9-A), the following clause shall be inserted, namely:—
“(9-B) to designate any College as an autonomous College with the concurrence of the State Government in the manner and under conditions prescribed and to such designation;”.
Amendment of section 16, Tamil Nadu Act VII of 1923
4. In section 16 of the principal Act, after clause (9), the following clause shall be inserted, namely:—
“(9-A) to prescribe in consultation with the Academic Council, the manner in which and the conditions subject to which a College may be designated as an autonomous College and such designation may be cancelled;”.
Amendment of section 19, Tamil Nadu Act VII of 1923
5. In section 19 of the principal Act, clause (jjj) shall be re-lettered as clause (jjjj) and before clause (jjjj) as so re-lettered, the following clause shall be inserted, namely:—
“(jjj) to designate any college as an autonomous College with the concurrence of the State Government and to cancel such designation;”.
Amendment of section 29, Tamil Nadu Act VII of 1923
6. In section 29 of the principal Act, after clause (c), the following clause shall be inserted, namely:—
“(cc) the manner in which and the conditions subject to which College may be designated as an autonomous College or the designation of such College may be cancelled and the matters incidental to the administration of autonomous College including the constitution or reconstitution, powers and duties of academic council, staff council, boards of studies and boards of examiners;”.
Amendment of section 30, Tamil Nadu Act VII of 1923
7. In section 30 of the principal Act, in sub-section, (4),—
(1) in clause (b), after the words “as the case may be”, the word “or” shall be added;
(2) after clause (b) as so amended, and before the words “except after consultation with the Academic Council”, the following clause shall be inserted, namely:—
“(c) affecting the conditions of designation of any College as an autonomous College;’.
TAMIL NADU ACT NO. 4 ON 1979 (For Statement of Objects and Reasons, See Tamil Nadu Government Gazette, Extraordinary, dated the 27th April 1979, Part IV—Section 1, Pages 300-301)
THE MADRAS UNIVERSITY AND MADURAI-KAMARAJ UNIVERSITY (AMENDMENT) ACT, 1979.
[Received the assent of the President on the 11th July 1979, first published in the Tamil Nadu Government Gazette Extraordinary on the 17th July 1979 (Adi 1, Chitharthi (2010-Tiruvalluvar Andu)).]
An Act further to amend the Madras University Act, 1923 and the Madurai-Kamaraj University Act, 1965.
BE it enacted by the Legislature of the State of Tamil Nadu in the Thirtieth Year of the Republic of India as follows:—
PART I
PRELIMINARY
Short title and commencement
1. (1) This Act may be called the Madras University and Madurai-Kamaraj University (Amendment) Act, (Amendment) Act, 1979.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
PART II
AMENDMENTS TO THE MADRAS UNIVERSITY ACT, 1923
Amendment of section 14, Tamil Nadu Act VII of 1923
2. In section 14 of the Madras University Act, 1923 (Tamil Nadu Act VII of 1923) (hereinafter referred to as the 1923 Act), in subsection (a), under the heading Ex-officio Members, after item (7), the following item shall be inserted, namely:—
“(7-A) The Director of Medical Education:”.
Amendment of section 18, Tamil Nadu Act VII of 1923
3. In section 18 of the 1923 Act, in sub-section (a) under the heading Ex-officio Members,—
(i) in item (1), the word “and” occurring at the end, shall be omitted;
(ii) in item (2), the word “and” shall be added at the end;
(iii) after item (2) as so amended, the following item shall be inserted, namely:—
“(3) The Director of Medical Education;”.
Amend of section 23, Tamil Nadu Act VII of 1923
4. In section 23 of the 1923 Act, in sub-section (a), under the heading Ex-officio Members, after item (3), the following item shall be inserted, namely:—
“(3-A) The Director of Medical Education;”.
PART III
AMENDMENT TO THE MADURAI-KAMARAJ UNIVERSITY ACT, 1965
5-7. [The amendments made by these sections have already been incorporated in the principal Act, namely, the Madurai-Kamaraj University Act, 1965 (Tamil Nadu Act 33 of 1965).]
TAMIL NADU ACT NO. 9 OF 1980 (For Statement of Objects and Reasons, see Tamil Nadu Government Gazette Extraordinary, dated the 7th November 1979, Part IV—Section 1, Page 501)
THE MADRAS UNIVERSITY AND MADURAI-KAMARAJ UNIVERSITY (SECOND AMENDMENT) ACT, 1979.
[Received the assent of the President on the 7th March 1980, first published in the Tamil Nadu Government Gazette Extraordinary, on the 13th March 1980 (Masi 30, Chitharthi-2011-Thiruvalluvar Aandu).]
An Act further to amend the Madras University Act, 1923 and the Madurai- Kamaraj University Act, 1965.
BE it enacted by the Legislature of the State of Tamil Nadu in the Thirtieth Year of the Republic of India as follows:—
PART I
PRELIMINARY
Short title and commencement
1. (1) This Act may be called the Madras University and Madurai-Kamaraj University (Second Amendment) Act, 1979.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
PART II
AMENDMENTS TO THE MADRAS UNIVERSITY ACT, 1923
Amendment of section 14, Tamil Nadu Act VII of 1923
2. In section 14 of the Madras University Act, 1923 (Tamil Nadu Act VII of 1923) (hereinafter referred to as the 1923 Act), in sub-section (a), under the heading “Ex-Officio Members”, item (4) shall be omitted.
3. In section 18 of the 1923 Act, in sub-section (a), under the heading “Ex-Officio Members”,—
(i) item (1) shall be renumbered is item (I-A);
(ii) before item (I-A) as so renumbered, the following item shall be inserted, namely:—
“(1) The Secretary to Government in-charge of Education;”.
Amendment of section 26, Tamil Nadu Act VII of 1923
4. In section 26 of the 1923 Act, in sub-section (1) for item (ii), the following item shall be substituted, namely:—
“(ii) The Secretary to Government in-charge Finance or any officer nominated by him;”.
PART III
AMENDMENTS TO THE MADURAI-KAMARAJ UNIVERSITY ACT, 1965
5-7. [The amendments made by these sections have already been incorporated in the principal Act, namely, the Madurai-Kamaraj University Act, 1965 (Tamil Nadu Act 33 of 1965).]
TAMIL NADU ACT NO. 11 OF 1982 (For Statement of Objects and Reasons, see Tamil Nadu Government Gazette Extraordinary dated the 11th February 1982, Part IV, Section 1, page 47)
THE MADRAS UNIVERSITY, ANNAMALAI UNIVERSITY AND (By virtue of section 5 of the Perarignar Anna University of Technology (Amendment and Special Provisions) Act, 1982 (Tamil Nadu Act 26 of 1982) any reference to “Perarignar Anna University of Technology Act” has been construed as “Anna University Act”) ANNA UNIVERSITY (AMENDMENT) ACT, 1962.
[Received the assent of the President on the 12th March 1982, first published in the Tamil Nadu Government Gazette Extraordinary on the 13th March 1982 (Masi 29, Thunmathi, Thiruvailuvar Aandu-2013).]
An Act further to amend the Madras University Act, 1923, the Annamalai University Act, 1928 and the University Act, 1928 and (By virtue of section 5 of the Perarignar Anna University of Technology (Amendment and Special Provisions) Act, 1982 (Tamil Nadu Act 26 of 1982) any reference to “Perarignar Anna University of Technology Act” has been construed as “Anna University Act”) Anna University Act, 1978.
BE it enacted by the Legislature of the State of Tamil Nadu in the Thirty-third Year of the Republic of India follows:—
PART I
Preliminary
Short title and commencement
1. (1) This Act my be called the Madras University, Annamalai University and (By virtue of section 5 of the Perarignar Anna University of Technology (Amendment and Special Provisions) Act, 1982 (Tamil Nadu Act 26 of 1982) any reference to “Perarignar Anna University of Technology Act” has been construed as “Anna University Act”) Anna University (Amendment) Act, 1982.
(2) This Act, except Part II, shall be deemed to have come into force on the 21st December 1981 and Par II shall be deemed to have come into force on the 1st December 1981.
PART II
Amendments to the Madras University Act, 1923
Insertion of new section 5-A in Tamil Nadu Act VII of 1923
2. After section 5 of the Madras University Act, 1923 (Tamil Nadu Act VII of 1923) (hereinafter referred to as the 1923 Act), the following section shall be inserted, namely:—
“5-A. Disqualification for election or nomination in certain cases.—(1) Notwithstanding any thing contained in sections 14, 18 or 23, no person who has held office as a member for a total period of fix years in any one or two of the following authorities, namely:—
(i) the Senate,
(ii) the Syndicate, and
(iii) the Academia Council,
shall be eligible for election or nomination to any of the said thee authorities.
Explanation I.—For the purpose of this sub-section the expression ‘period’ shall include the period held prior to the 1st December 1981.
Explanation II.-For the purpose of computing the total period of six years referred to in this sub-section, the period of three years during which a person held office in one authority either by election or by nomination and the period of three years during which he held office in another authority either by election or by nomination shall be taken into account and accordingly such person shall not be eligible for election or nomination to any one of the said three authorities:
Provided that for the purposes of this sub-section, a person who has held office in any one of the said three authorities in a casual vacancy shall be deemed to have held office for a’ period of three years in that authority:
Provided further that for the purposes of the sub-section, if a person was elected or nominated to one authority and such person became a member of another authority by virtue of the membership in the first mentioned authority, the period for which he held office in the first mentioned authority alone shall be taken into account.
(2) Nothing in sub-section (1) shall have application in respect of—
(i) ex-officio members referred to in section 14 (a), but not including members of the Syndicate who are not otherwise members of the Senate referred to in item (10),
(ii) ex-officio members referred to in section 18 (a),
(iii) ex-officio members referred to in section 23 (a), but not including members of the Syndicate who are not otherwise members of the Academic Council referred to in item (5).”.
3. In section 14 of the 1923 Act,—
Amendment of section 14, of Tamil Nadu Act VII of 1923
(1) in clause (a), the heading ‘Life Members’ and items (1) and (2) thereunder shall be omitted;
(2) in clause (b),—
(a) for the expression “for a period of three years the expression “for a, period of three years and such members shall be eligible for election or nomination for not mote than another period of three years” shall be substituted;
(b) for the first proviso, the following proviso shall be substituted, namely:—
“Provided that where a member is elected or nominated to the Senate to a casual vacancy, the period of office held by any such member shall be construed as a full period of three years for the purpose of this clause.”;
(c) the following Explanation shall be added at the end, namely:—
“Explanation.—For the purpose of this clause, the expression “period” shall include a the period held prior to the 1st December 1981.”
Amendment of section 18, of Tamil Nadu Act VII of 1923
4. In clause (b) of section 18 of the 1923 Act,—
(a) for the expression “for a period of three years”, the expression “for a period of three years and such members shall be eligible for election or nomination for not more than another period of three years” shall be substituted;
(b) for the first proviso, the following proviso shall be substituted, namely:—
“provided that where a member is elected or nominated to the Syndicate to a casual vacancy, the period of office by any such member shall be construed as a full period of three years for the purpose of this clause.”
(c) the following Explanation shall be added at the end, namely:—
“Explanation.—For the purpose of this clause, the expression “period” shall include the period held prior to the 1st December, 1981.”.
Amendment of section 23, Tamil Nadu Act VII of 1923
5. In clause (b) of section 23 of the 1923 Act,—
(a) for the expression “for a period of three years”, the expression “for a period of three years and such members shall be eligible for election or nomination for not more than another period of three years” shall be substituted;
(b) for the first proviso, the following proviso shall be substituted, namely:—
“Provided that where a member is elected or nominated to the Academic Council to a casual vacancy, the period of office held by any such member shall be construed as a full period of three years for the purpose of this clause;”;
(c) the following Explanation shall be added at the end, namely:—
“Explanation.—For the purpose of this clause, the expression “period” shall include the period held prior to the 1st December 1981.”.
PART III
Amendments to the Annamalai University Act, 1928
Amendment of section 15, Tamil Nadu Act I of 1929
6. In section 15 of the Annamalai University Act, 1928 (Tamil Nadu Act I of 1929) (hereinafter referred to as the 1929 Act), the heading “Class 11-Life Members and items (1) and (2) thereunder shall be omitted.
Amendment of section 3, Tamil Nadu Act I of 1929
7. In sub-section (1) of section 33 of the 1929 Act, for the words “shall except in the case of ex-officio or life members hold office up to the date of the next reconstitution”, the following shall be substituted, namely:—
“shall, except in the case of ex-officio member,.—
(a) be eligible for selection or nomination to the Senate, Academic Council or Syndicate for not more than another period of three years; and
(b) in the case of any other authority or body, hold office upto the date of its next reconstitution.
Provided that where a member is elected or nominated to a casual vacancy to the Senate, Academic Council or Syndicate the period of office held by any such member shall be construed as a full period of three years for the purpose of this sub-section.
Explanation.—For the purpose of this sub-section, the expression “period” shall include the period held prior to the 21st December 1981.”.
Insertion of new section 33-A in Tamil Nadu Act I of 1929
8. After section 33 of the 1929 Act, the following section shall be inserted, namely:—
“33-A. Disqualification for election or nomination in certain cases.—Notwithstanding anything contained in sections 15, 17, 21 or 33,—
(1) no person who had held office as a member for a total period of six years in any one or two of the following authorities, namely:—
(i) the Senate,
(ij) the Syndicate, and
(iii) the Academic Council,
shall be eligible for election or nomination to any of the said three authorities.
Explanation.—For the purpose of computing the total period of six years referred to in this clause, the period of three years during which a person held office in one authority either by election or by nomination and the period of three years during which he held office in another authority either by election or by nomination shall be taken into account and accordingly such person shall nor be eligible for election or nomination to any one of the said three authorities;
Provided that for the purposes of this clause, a person who has held office in any one of the said three authorities in a casual vacancy under section 33 (3) shall be deemed to have: held office for a period of three years in that authority:
Provided further that for the purposes of this clause, if a person was elected or nominated to one authority and such person became a member of another authority by virtue of the membership in the first mentioned authority, the period for which he held office in the first mentioned authority alone shall be taken into account;
(2) nothing in clause (1) shall have application in respect of—
(i) ex-officio members referred to in section 15 Class—I, but not including members of the Syndicate who are not otherwise members of the Senate referred to in item (11),
(ii) ex-officio members referred to in section 17 Class—I, bur not including members of the Syndicate who are not otherwise members of the Academic Council referred to in item (5); and
(iii) ex-officio members referred to in section 21 Class—I.
Explanation.—For the purpose of this section the expression ‘period’ shall include the period held prior to the 21st December 1981.”.
PART IV
Amendments to the Anna University Act, (By virtue of section 5 of the Perarignal Anna University of Technology (Amendment and Special Provisions) Act, 1982 (Tamil Nadu Act 26 of 1982) any reference to “Perarignar Anna University of Technology Act” has been constructed as “Anna University Act”) 1978.
9-11. [The amendments made by these sections have already been incorporated ill the principal Act, namely, the Anna University Act, (By virtue of section 5 of the Perarignal Anna University of Technology (Amendment and Special Provisions) Act, 1982 (Tamil Nadu Act 26 of 1982) any reference to “Perarignar Anna University of Technology Act” has been constructed as “Anna University Act”) 1978 (Tamil Nadu Act 30 of 1978).
PART V
Miscellaneous
Removal of doubts
12. For the removal of doubts, it is hereby de that notwithstanding anything contained in the 1923 Act, 1929 Act or the 1978 Act as amended by Act, every member of the Senate, Syndicate or Academic Council, as the case may be, elected or nominated,—
(i) in the case of the Madras University 1st December 1981, shall continue to be such member for the period for which he would have continued as such member but for the amendments made to the 1923 Act by Part II of this Act, and;
(ii) in the case of the Annamalai University and the Anna University (By virtue of section 5 of the Perarignar Anna University of Technology (Amendment and Special Provisions) Act, 1982 (Tamil Nadu Act 26 of 1982) any reference to “Perarignar Anna University of Technology Act” has been construed as “Anna University Act”) before the 21st December 1981 shall continue to be such member for the period for which be would have continued as such member but for the amendments made to the 1929 Act by Part III or the 1978 Act by Part IV of this Act:
Provided that nothing contained in this section shall be construed as enabling any member referred to therein to continue as a member of any of the authority in any of the said Universities of which he may happen to be a member by virtue of his membership of the Senate, Syndicate or Academic Council, as the case may be, after he ceases to be a member of the Senate, Syndicate or Academic Council, as the case may be.
Certain proceedings to hold elections to be void
13. (1) Every action taken and every proceeding commenced on or after the 1st December 1981 but before the 21st December 1981, to hold election to the Senate, Syndicate or Academic Council of the Madras University shall be deemed to be null and void and accordingly fresh action or proceeding shall hereafter be taken in accordance with the provisions of the 1923 Act as amended by this Act.
(2) For the removal of doubts, it is hereby declared that notwithstanding anything contained in the 1923 Act as amended by this Act, every member who ceases to be a member of the Senate, Syndicate or Academic Council by reason of the operation of sub-section (1) shall cease to be a member of—
(i) the Syndicate or the Academic Council, as the case may be, to which he was elected in his capacity as a member of the Senate; or
(ii) the Syndicate to which he was elected in his capacity as a member of the Academic Council and to which Council he was elected in his capacity as a member of the Senate, with effect on and from the date on which he ceases to be a member of the Senate or Academic Council by reason of sub-section (1).
Repeal and saving
14. (1) The Madras University, Annamalai University and Anna University By virtue of section 5 of the Perarignar Anna University of Technology (Amendment and Special Provisions) Act, 1982 (Tamil Nadu Act 26 of 1982) any reference to “Perarignar Anna University of Technology” has been construed as “Anna University” (Amendment) Ordinance, 1981 (Tamil Nadu Ordinance 18 of 1981) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the 1923 Act, the 1929 Act or the 1978 Act as amended by the said Ordinance shall be deemed to have been done or taken under the 1923 Act, the 1929 Act or the 1978 Act, as the case may be, as amended by this Act.
The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 12th December 1986 and is hereby published for general information:—
ACT No. 75 OF 1986
An Act further to amend the Tamil Nadu Universities Laws.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Thirty-seventh Year of the Republic of India as follows:—
PART I
Preliminary
Short title and commencement
1. (1) This Act may be called the Tamil Nadu Universities Laws (Amendment) Act, 1986.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
PART II
Amendment to the Madras University Act, 1923
Amendment of section 18, Tamil Nadu Act VII of 1923
2. In section 18 of the Madras University Act, 2923 (Tamil Nadu Act VII of 1923),—
(a) in clause (a), under the heading “Ex-officio Members”,—
(i) item (1-A) shall be renumbered as item (1-AAA);
(ii) before item (I-AAA), as so renumbered, the following items shall be inserted, namely:—
“(1-A) The Secretary to Government in-charge of Health and Family Welfare;
(1-AA) The Secretary to Government in-charge of Law;”;
(iii) in item (2), the word “and” occurring at the end shall be omitted;
(iv) in item (3), the word “and” shall be added at the end;
(v) after item (3), the following item shall be added, namely:—
“(4) The Director of Legal Studies.”;
(b) after clause (a), the following clause shall be inserted, namely:—
“(aa) In case the Secretary to Government in-charge of Education, or the Secretary to Government in-charge of Health and Family Welfare, or the Secretary to Government in-charge of Law, is unable to attend the meetings of the Syndicate for any reason, he may depute any officer of his department not lower in rank than that of Deputy Secretary to Government to attend the meetings.”.
PART III
Amendment to the Madurai-Kamaraj University Act, 1965
Amendment of section 19, Tamil Nadu Act 33 of 1965
3. In section 19 of the Madurai-Kamaraj University Act, 1965 (Tamil -Nadu Act 33 of 1965),—
(a) in clause. (a), under the heading “Class I-Ex-officio Members”,–
(i) item (I-A) shall be re-numbered as item (1-AAA);
(ii), before item (1-AAA), as so re-numbered, the following items shall, be inserted, namely:—
“(1-A) The Secretary to government in-charge of Health and Family Welfare;
(1-AA) The Secretary to Government in-charge of Law;”;
(iii) in item (2) the word “and” occurring at the end shall be omitted;
(iv) in item (3), the word “and” shall be added at the end;
(v) after item (3), the following item shall be added, namely:—
“(4) The Director of Legal Studies.”;
(b) after clause (a), the following clause shall be inserted, namely:—
“(aa) In case the Secretary to Government in-charge of Education, or the Secretary to Government in-charge of Health and Family Welfare, or the Secretary to Government in-charge of law, is unable to attend the meetings of the, Syndicate for any reason, he may depute any officer of his department not lower in rank khan that of Deputy Secretary to Government to attend the meetings.”.
PART IV
Amendment to the Bharathiar University Act, 1981
Amendment of section 24, Tamil Nadu act 1 of 1982
4. In section 24 of the Bharathiar University Act, 1981 (Tamil nadu Act 1 of 1982),—
(1) in clause (b), under the heading “Class 1-Ex-olficio Members”,—
(i) after item (1), the following items shall be inserted, namely:—
“(1-A) The Secretary to Government in-charge of Health and Family Welfare;
(1-AA) The Secretary to Government in-charge of Law”;
(ii) in item (3), the word “and” occurring at the end shall be omitted;
(iii) in item (4), the word “and” shall be added at the end;
(iv) after item (4), the following item shall be added, namely:—
“(5) The Director of Legal Studies”;
(2) in clause (d), for the words “the Secretary to Government, Education Department”, the words “the Secretary to Government in-charge of Education, or the Secretary to Government in-charge of Health and Family Welfare, or the Secretary to Government in-charge of Law” shall be substituted.
PART V
AMENDMENT TO THE BHARATHIDASAN UNIVERSITY ACT, 1981
Amendment of section 24, Tamil Nadu Act 2 of 1982
5. In section 24 of the Bharathidasan University Act, 1981 (Tamil Nadu Act 2 of 1982),—
(1) In clause (b), under the heading “Class I —Ex-Officio Members”;—
(i) after item (1), the following items shall be inserted, namely:—
“(1-A) The Secretary to Government in-charge of Health and Family Welfare;
(1-AA) The Secretary to Government in-charge of Law;”;
(ii) in item (4), the word “and’ occurring at the end shall be omitted;
(iii) in item (4), the word “and” shall be added at the end;
(iv) after item (4), the following item shall be added, namely:—
“(5) The Director of Legal Studies”;
(2) in clause (d), for the wards “the Secretary to Government, Education Department”, the words “the Secretary to Government in-charge of Education, or the Secretary to Government in-charge of Health and Family Welfare, or the Secretary to Government in-charge of Law” shall be substituted.
PART VI
Amendment to the Mother Teresa Women’s University Act, 1984
Amendment of section 23, Tamil Nadu Act 15 of 1984
6. In section 23 of the Mother Terasa Women’s University Act, 1984 (Tamil Nadu Act 15 of 1984),—
(1) in clause (b), under the beading “Class I—Ex-officio Members”,—
(i) in item (2) the word “and”
(ii) in item (3) the word “and” shall be added at the end;
(iii after item (3), the following item shall be added namely:—
“(4) The Secretary to Government in-charge of Health and Family Welfare.”;
(2) in clause (d), after the words ‘the Secretary to Government in-charge of Social Welfare’ the words “or the Secretary to Government in-charge of Health and Family Welfare” shall be inserted.
(By order of the Governor)
S. VADIVELU,
Commissioner and Secretary to Government,
Law Department.
PART IV – Section
Tamil Nadu Acts and Ordinances
The following Act of the Tamil Nadu Legislative Assembly received the assent of the President on the 11th September 1989 and is hereby published for general information:—
ACT NO.29 OF 1989
An Act further to amend the Tamil Nadu Universities Laws
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fortieth Year of the Republic of India as follows:—
PART I
Preliminary
Short title and commencement
1. (1) This act may be called the Tamil Nadu Universities Laws (Amendment) Act, 1989.
(2) It shall come into force at once.
PART II
Amendments to the Madras University Act, 1923
Omission of section 5-A
2. Section 5-A of the Madras University Act, 1923 (hereinafter referred to as the principal Act), shall be omitted.
Amendment of section 14
3. In section 14 of the principal act, in clause (b),—
(a) the expression “and such members shall be eligible for election or nomination for not more than another period of three years” shall be omitted;
(b) the first proviso shall be omitted;
Amendment of section 18
4. In section 18 of the principal Act, in clause (b),—
(a) the expression “and such members shall be eligible for election or nomination for not more than another period of three years” shall be omitted;
(b) the first proviso shall be omitted;
(c) the Explanation shall be omitted.
Amendment of section 23
5. In section 23 of the principal Act, in clause (b),—
(a) the expression “and such members shall be eligible for election or nomination for not more than another period of three years” shall be omitted;
(b) the first proviso shall be omitted;
(c) the Explanation shall be omitted.
PART III
Amendments to the Annamalai University Act, 1928
Amendment of section 35
6. In the Annamalai University Act, 1928 (hereinafter referred to as the principal Act), in sub-section (1) of section 33, for the portion beginning with the words “shall, except in the case, of ex-officio member” and ending with the expression “21st December 1981”, the following shall be substituted, namely:—
“shall except in the case of ex-officio members hold office upto the date of the next reconstitution”.
Omission of section 33-A
7. Section 33-A of the principal Act shall be omitted.
PART IV
Amendments to the Madurai-Kamaraj University Act, 1965
Amendment of section 15
8. In the Madurai-Kamaraj University Act, 1965 (hereinafter referred to as the principal Act), in section 15, in clause (b),—
(a) the expression “and such members shall be eligible for election or nomination for not more than another period of three years” shall be omitted;
(b) the first proviso shall be omitted;
(c) the Explanation shall be omitted;
Amendment of section 19
9. In section 19 of the principal Act, in clause (b),—
(a) the expression “and such members shall be eligible for election or nomination for not more than another period of three years” shall e omitted;
(b) the first proviso shall be omitted;
(c) the Explanation shall be omitted.
Amendment of section 24
10. In section 24 of the principal Act, in clause (b),—
(a) the expression “and such members shall be eligible for election or nomination for not more than another period of three years” shall be omitted;
(b) the first proviso shall be omitted;
(c) the Explanation shall be omitted.
Omission of section 24-A
11. Section 24-A of the principal Act shall be omitted.
PART V
Amendments to the Anna University Act, 1978
Amendment of section 17
12. In the Anna University Act, 1978 (hereinafter referred to as the principal Act), in section 17, in sub-section (4),—
(a) the expression “and such members shall be eligible for election or nomination for not more than another period of three years” shall be omitted;
(b) the second proviso and the Explanation thereunder shall be omitted.
Omission of section 17-A
13. Section 17-A of the principal Act shall be omitted.
Amendment of Schedule II
14. In the principal Act, in Schedule II, in Statue 9, in clause (3), the portion beginning with the expression “and such members” and ending with the expression “21st December 1981” shall be omitted.
PART VI
Amendments to the Bharathiar University Act, 1981
Omission of section 7
15. In the Bharathiar University Act, 1981 (hereinafter referred to as the principal Act), section 7 shall be omitted.
Amendment of section 20
16. In section 20 of the principal Act, in clause (b),—
(a) the expression “and such members shall be eligible for election or nomination for not more than another period of three years” shall be omitted;
(b) the first proviso shall be omitted;
Amendment of section 24
18. In section 24 of the principal Act, in clause (e),—
(a) the expression “and such members shall be eligible for election or nomination for not more than another period of three years” shall be omitted;
(b) the first proviso shall be omitted.
PART VII
Amendments to the Bharathidasan University Act, 1981
Omission of section 7
19. In the Bharathidasan University Act, 1981 (hereinafter referred to as the principal Act), section 7 shall be omitted.
Amendment of section 20
20. In section 20 of the principal Act, in clause (b),—
(a) the expression “and such members shall be eligible for election or nomination for not more than another period of three years” shall be omitted;
(b) the first proviso shall be omitted.
Amendment of section 23
21. In section 23 of the principal Act, in sub-section (2), in clause (c),—
(a) the expression “and such members shall be eligible for election or nomination for not more than another period of three years” shall be omitted;
(b) the first proviso shall be omitted.
Amendment of section 24
22. In section 24 of the principal Act, in clause (e),—
(a) the expression “and such members shall be eligible for election or nomination for not more than another period of three years” shall be omitted;
Omission of section 7
23. In the Tamil University Act, 1982 (hereinafter referred to as the principal Act), section 7 shall be omitted.
Amendment of section 18
24. In section 18 of the principal Act, in clause (c),—
(a) the expression “and such members shall be eligible for election or nomination for not more than another period of three years” shall be omitted;
(b) the first proviso shall be omitted.
Amendment of section 21
22. In section 21 of the principal Act, in clause (e),—
(a) the expression “and such members shall be eligible for election or nomination for not more than another period of three years” shall be omitted;
(b) the first proviso shall be omitted.
PART IX
Amendments to the Mother Teresa Women’s University Act, 1984
Omission of section 7
26. In the Mother Teresa Women’s University Act, 1984 (hereinafter referred to as the principal Act), section 7 shall be omitted.
Amendment of section 20
27. In section 20 of the principal Act, in clause (c),—
(a) the expression “and such members shall be eligible for election or nomination for not more than another period of three years” shall be omitted;
(b) the first proviso shall be omitted.
Amendment of section 23
28. In section 23 of the principal Act, in clause (e),—
(a) the expression “and such members shall be eligible for election or nomination for not more than another period of three years” shall be omitted;
(b) the first proviso shall be omitted.
PART X
Amendments to the Alagappa University Act, 1985
Omission of section 8
29. In the Alagappa University Act, 1985 (hereinafter referred to as the principal Act), section 8 shall be omitted.
Amendment of section 21
30. In section 21 of the principal Act, in clause (e),—
(a) the expression “and such members shall be eligible for election or nomination for not more than another period of three years” shall be omitted;
(b) the first proviso shall be omitted.
Amendment of section 24
31. In section 24 of the principal Act, in sub-section (2), in clause (d),—
(a) the expression “and such members shall be eligible for election or nomination for not more than another period of three years” shall be omitted;
(b) the first proviso shall be omitted.
Amendment of section 25
32. In section 25 of the principal Act, in clause (e),—
(a) the expression “and such members shall be eligible for election or nomination for not more than another period of three years” shall be omitted;
(b) the first proviso shall be omitted.
(By order of the Governor)
P. JEYASINGH PETER,
Secretary to Government, Law Department
PART IV-SECTION 2
Tamil Nadu Acts and Ordinances
The following Act of the Tamil Nadu Legislative Assembly received the assent of the President on the 17th September 1991 and is hereby published for general information:—
ACT NO.26 OF 1991
An Act further to amend the Tamil Nadu Universities Laws
BE it enacted by the Legislative Assembly of he State of Tamil Nadu in the Fort-second Year of the Republic of India as follows:—
Short title
1. This Act may be called the Tamil Nadu Universities Laws (Amendment) Act, 1991.
Amendment of Tamil Nadu Act VII of 1923
2. In section 14 of the Madras University Act, 1923 in the proviso to clause (b), for the words “Provided also that”, the following shall be substituted, namely:—
“Provided that a member of the Legislative Assembly of the State of Tamil Nadu shall cease to be a member of the Senate from the date on which he ceased to be a member of the Legislative Assembly of the State of Tamil Nadu:
Provided further that”.
Amendment of Tamil Nadu Act I of 1929
3. In section 33 of the Amendment University Act, 1928, to sub-section (4), the following proviso shall be added, namely:—
“Provided that a member of the Tamil Nadu Legislative Assembly shall cease to be a member of the Senate from the date on which he ceases to be a member of the Tamil Nadu Legislative Assembly.”.
Amendment of Tamil Nadu Act 33 of 1965
4. In section 15 of the Madurai-Kamaraj University Act, 1965, in the proviso to clause (b), for the words “Provided also that”, the following shall be substituted, namely:—
“Provided that a member of the Legislative Assembly of the State of Tamil Nadu shall cease to be a member of the Senate from the date on which he ceases to be a member of the Legislative Assembly of the Senate of Tamil Nadu:
Provided further that”.
Amendment of Tamil Nadu Act 1 of 1982
5. In section 20 of the Bharathiar University Act, 1981, in the proviso to clause (b), for the words “Provided further that”, the following shall be substituted, namely:—
“Provided that a member of the Tamil Nadu Legislative Assembly shall cease to be a member of the Senate from the date on which he ceases to be a member of the Tamil Nadu Legislative Assembly:
Provided further that”.
Amendment of Tamil Nadu Act 2 of 1982
6. In section 20 of the Bharathidasan University Act, 1981, in the proviso to clause (b), for the words “Provided further that”, the following shall be substituted, namely:—
“Provided that a member of the Tamil Nadu Legislative Assembly shall cease to be a member of the Senate from the date on which he ceases to be a member of the Tamil Nadu Legislative Assembly:
Provided further that”.
Amendment of Tamil Nadu Act 9 of 1982
7. In section 18 of the Tamil University Act, 1982, in the proviso to clause (c), for the words “Provided further that”, the following shall be substituted, namely:—
“Provided that a member of the Tamil Nadu Legislative Assembly shall cease to be a member of the Senate from the date on which he ceases to be a member of the Tamil Nadu Legislative Assembly:
Provided further that”.
Amendment of Tamil Nadu Act 23 of 1965
8. In section 21 of the Alagappa University Act, 1985, in the proviso to clause (b), for the words “Provided further that”, the following shall be substituted, namely:—
“Provided that a member of the Tamil Nadu Legislative Assembly shall cease to be a member of the Senate from the date on which he ceases to be a member of the Tamil Nadu Legislative Assembly:
Provided further that”.
Amendment of Tamil Nadu Act 31 of 1990
9. In section 19 of the Manonmaniam Sundaranar University Act, 1990, in the proviso to clause (b), for the words “Provided that”, the following shall be substituted, namely:—
“Provided that a member of the Tamil Nadu Legislative Assembly shall cease to be a member of the Senate from the date on which he ceases to be a member of the Tamil Nadu Legislative Assembly:
Provided further that”.
Removal of doubts
10. (1) For the removal of doubts, it is hereby declared that, notwithstanding anything contained in any law for the time being in force or in any judgment decree or order of any court, every person who had been elected to the Senate of the Madras University, the Annamalai University, the Madurai-Kamaraj University, the Bharathiar University, the Bharathidasan University, the Tamil University, the Alagappa University or the Manonmaniam Sundaranar University in his capacity as a member of the Legislative Assembly and who had ceased to be a member of the Legislative Assembly but holding office as a member of he Senate immediately before the date of the publication of this Act in the Tamil Nadu Government Gazette, shall cease to be a member of the Senate of the University concerned on the date of the publication of this Act in the Tamil Nadu Government Gazette.
(2) Every person who ceases to be a member of the Senate by reason of the operation of this Act shall cease to be a member of the Syndicate, Academic Council or any other authority of the University of which he may happen to be a member by virtue of his membership of the Senate.
(By order of the Governor)
P. JEYASINGH PETER,
Secretary to Government, Law Department.
PART IV – SECTION 2
Tamil Nadu Acts and Ordinances
The following Act of the Tamil Nadu Legislative Assembly received the assent of the President on the 21st February 1992 and is hereby published for general information:—
ACT NO.9 OF 1992
An Act further to amend the Tamil Nadu University Laws
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fort-second Year of the Republic of India as follows:—
PART I
PRELIMINARY
Short title and commencement
1. (1) This Act may be called the Tamil Nadu Universities Laws (Second Amendment) Act, 1991.
2. It shall come into force at once.
PART II
Amendments to the Madras University Act, 1923
Insertion of new section 5-A
2. After section 5 of the Madras University Act, 1923 (hereinafter referred to as the 1923 Act), the following section shall be inserted, namely:—
“5-A. Disqualification for election or nomination to Senate, Syndicate and Academic Council in certain cases.—(I) Notwithstanding anything contained in section 14, 18 or 23, no person who has held office as a member for a total period of six years in any one or two of the following authorities, namely:—
(i) the Senate,
(ii) the Syndicate, and
(iii) the Academic Council,
shall be eligible for election or nomination to any of the said three authorities.
Explanation I.—For the purpose of this sub-section, the expression “period” shall include the period held prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act, 191, in the Tamil Nadu Government Gazette.
Explanation II.—For the purpose of computing the total period of six years referred to in this sub-section, the period of three years during which a person held office in one authority either by election or by nomination and the period of three years during which he held office in another authority either by election or by nomination shall be taken into account and accordingly such person shall not be eligible for election or nomination to any one of the said three authorities:
Provided that for the purpose of this sub-section, a person who has held office in any one of the said three authorities in a casual vacancy for a period not less than one year shall be deemed to have held office for a period of three years in that authority:
Provided further that for the purpose of this sub-section, if a person was elected or nominated to one authority and such person became a member of another authority by virtue of the membership in the first mentioned authority, the period for which he held office in the first mentioned authority alone shall be taken into account.
(2) Nothing in sub-section (1) shall have application in respect of—
(i) ex-officio members referred to in section 14(a), but not including members of the Syndicate who are not otherwise members of the Senate referred to in Item (10),
(ii) ex-officio members referred to in section 18(a), and
(iii) ex-officio members referred to in section 23(a), but not including members of the Syndicate was are not otherwise members of the Academic Council referred to in item (5).”.
Amendment of section 14
3. In section 14 of the 1923 Act, in clause (b), for the expression “Save as otherwise provided, elected and nominated members of the Senate shall hold office for a period of three years”, the following shall be substituted, namely:—
“(i) Save as otherwise provided, elected and nominated members of the Senate shall hold office for a period of three years and such members shall be eligible for election or nomination for not more than another period of three years.
(ii) Where a member is elected or nominated to the Senate to a casual vacancy, the period of office held for not less than one year by any such member shall be construed as a full period of three years for the purpose of this clause.
Explanation.—For the purpose of this clause, the expression “period” shall include the period held prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazette.”.
Amendment of section 18
4. In section 18 of the 1923 Act, in clause (b), for the expression “Save as otherwise provided, elected and nominated members of the Senate shall hold office for a period of three years”, the following shall be substituted, namely:—
“(i) Save as otherwise provided, elected and nominated members of the Senate shall hold office for a period of three years and such members shall be eligible for election or nomination for not more than another period of three years.
(ii) Where a member is elected or nominated to the Senate to a casual vacancy, the period of office held for not less than one year by any such member shall be construed as a full period of three years for the purpose of this clause.
Explanation.—For the purpose of this clause, the expression “period” shall include the period held prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazette.”.
Amendment of section 23
5. In section 23 of the 1923 Act, in clause (b), for the expression “Save as otherwise provided, elected and nominated members of the Senate shall hold office for a period of three years”, the following shall be substituted, namely:—
“(i) Save as otherwise provided, elected and nominated members of the Senate shall hold office for a period of three years and such members shall be eligible for election or nomination for not more than another period of three years.
(ii) Where a member is elected or nominated to the Senate to a casual vacancy, the period of office held for not less than one year by any such member shall be construed as a full period of three years for the purpose of this clause.
Explanation.—For the purpose of this clause, the expression “period” shall include the period held prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazette.”.
Amendment of section 33
6. In section 334 of the Annamalai University Act, 1928 (hereinafter referred to as the 1929 Act), in sub-section (1), for the words “shall except in the case of ex-officio members hold office up to the date of the next reconstitution”, the following shall be substituted, namely:—
“shall, except in the case of ex-officio member,—
(a) be eligible for election or nomination to the Senate, Academic Council or Syndicate for not more than another period of three years; and
(b) in the case of any other authority or body, hold office upto the date of its next reconstitution:
Provided that where a member is elected or nominated to a casual vacancy to the Senate, Academic Council or Syndicate, the period of office held for not less than one year by any such member shall be construed as a full period of three years for the purpose of this sub-section.
Explanation.—For the purpose of this sub-section, the expression “period” shall include the period held prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazette.”.
Insertion of new section 33-A
7. After section 33 of the 1929 Act, the following section shall be inserted, namely:—
“33-A. Disqualification for election or nomination to Senate, Syndicate and Academic Council in certain cases.—Notwithstanding anything contained in section 15, 17, 21 or 33,—
(1) no person who has held office as a member for a total period of six years in any one or two of the following authorities, namely:—
(i) the Senate,
(ii) the Syndicate, and
(iii) the Academic Council,
shall be eligible for election or nomination to any of the said three authorities.
Explanation.—For the purpose of computing the total period of six years referred to in this clause, the period of three years during which a person held office in one authority either by election or by nomination and the period of three years during which he held office in another authority either by election or by nomination shall be taken into account and accordingly such person shall not be eligible for election or nomination to any one of the said three authorities:
Provided that for the purpose of this clause, a person who has held office for a period not less than one year in any one of the said three authorities in a casual vacancy under sub-section (30 of section 33 shall be deemed to have held office for a period of three years in that authority:
Provided further that for the purpose of this clause, if a person was elected or nominated to one authority and such person became a member of another authority by virtue of the membership in the first mentioned authority, the period for which he held office in the first mentioned authority alone shall be taken into account:
(2) nothing in clause (1) shall have application in respect of—
(i) ex-officio members referred to in section 15, Class I, but not including members of the Syndicate who are not otherwise members of the Senate referred to in item (11);
(ii) ex-officio members referred to in section 17, Class I, but not including members of the Syndicate who are not otherwise members of the Academic Council referred to in item (5);
(iii) ex-officio members referred to in section 21, Class I.
Explanation.—For the purpose of this section, the expression “period” shall include the period held prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazette.”.
PART IV
Amendments to the Madurai Kamaraj University Act, 1965
Amendment of section 15
8. In section 15 of the Madurai-Kamaraj University Act, 1965 (hereinafter referred to as the 1965 Act), in clause (b), for the expression “Save as otherwise provided, elected and nominated members of the Senate shall hold office for a period of three years”, the following shall be substituted, namely:—
“(i) Save as otherwise provided, elected and nominated members of the Senate shall hold office for a period of three years and such members shall be eligible for election or nomination for not more than another period of three years.
(ii) Where a member is elected or nominated to the Senate to a casual vacancy, the period of office held for not less than one year by any such member shall be construed as a full period of three years for the purpose of this clause.
Explanation.—For the purpose of this clause, the expression “period” shall include the period held prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazette.”.
Amendment of section 19
9. In section 19 of the 1965 Act, in clause (b), for the expression “Save as otherwise provided, elected and nominated members of the Senate shall hold office for a period of three years”, the following shall be substituted, namely:—
“(i) Save as otherwise provided, elected and nominated members of the Senate shall hold office for a period of three years and such members shall be eligible for election or nomination for not more than another period of three years.
(ii) Where a member is elected or nominated to the Senate to a casual vacancy, the period of office held for not less than one year by any such member shall be construed as a full period of three years for the purpose of this clause.
Explanation.—For the purpose of this clause, the expression “period” shall include the period held prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazette.”.
Amendment of section 24
10. In section 24 of the Act, in clause (b), for the expression “Save as otherwise provided, elected and nominated members of the Senate shall hold office for a period of three years”, the following shall be substituted, namely:—
“(i) Save as otherwise provided, elected and nominated members of the Senate shall hold office for a period of three years and such members shall be eligible for election or nomination for not more than another period of three years.
(ii) Where a member is elected or nominated to the Senate to a casual vacancy, the period of office held for not less than one year by any such member shall be construed as a full period of three years for the purpose of this clause.
Explanation.—For the purpose of this clause, the expression “period” shall include the period held prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazette.”.
Insertion of new section 24-A
11. After section 24 of the 1965 Act, the following section shall be inserted, namely:—
“24-A. Disqualification for election or nomination to Senate, Syndicate and Academic Council in certain cases.—(1) Notwithstanding anything contained in section 15, 19 or 24, no person who has held office as a member for a total period of six years any one or two of the following authorities, namely:—
(i) the Senate,
(ii) the Syndicate, and
(iii) the Academic Council,
shall be eligible for election or nomination to any of the said three authorities.
Explanation.—For the purpose of this sub-section, the expression “period” shall include the period held prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazette.
Explanation.—For the purpose of computing the total period of six years referred to in this sub-section, the period of three years during which a person held office in one authority either by election or by nomination and the period of three years during which he held office in another authority either by election or by nomination shall be taken into account and accordingly such person shall not be eligible for election or nomination in any one of the said three authorities:
Provided that for the purpose of this sub-section, a person who has held office for a period not less than one year in any one of the said three authorities in a casual vacancy shall be deemed to have held office for a period of three years in that authority:
Provided further that for the purpose of this sub-section, if a person was elected or nominated to one authority and such person became a member of another authority by virtue of the membership in the first mentioned authority, the period for which he held office in the first mentioned authority alone shall be taken into account.
(2) Notwithstanding in sub-section (1) shall have application in respect of,—
(i) ex-officio members referred to in section 15(a), Class I, but not including members of the Syndicate who are not otherwise members of the Senate referred to in item (10);
(ii) ex-officio members referred to in section 19(a), Class I; and
(iii) ex-officio members referred to in section 24(a), Class I, but not including members of the Syndicate who are not otherwise members of the Academic Council referred to in item (5).”.
Amendment of section 17
12. In section 17 of the Anna University Act, 1978 (hereinafter referred to as the 1978 Act), in sub-section (4),—
(1) for the expression “The term of office of the members of the Syndicate other than the ex-officio members shall be three years”, the following shall be substituted, namely:—
“The term of office of the members of the Syndicate, other than the ex-officio members, shall be three years and such members shall be eligible for election or nomination for not more than another term of three years.”;
(2) after the proviso, the following proviso and the Explanation shall be added, namely:—
“Provided further that where a member is elected or nominated to the Syndicate to a casual vacancy, the period of office held for not less than one year by such member shall be construed as a full term of three years for the purpose of this sub-section.
Explanation.—For the purpose of this sub-section, the expression “term” shall include the term held prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazette.”.
Insertion of new section 17-A
13. After section 17 of the 1978 Act, the following section shall be inserted, namely:—
“17-A. Disqualification for election or nomination to Syndicate and Academic Council in certain cases.—(1) Notwithstanding anything contained in section 17, 18 or Statute 9 of Schedule II, no person who has held office as a member for a total period of six years in any one or both of the following authorities, namely:—
(i) the Syndicate, and
(ii) the Academic Council,
shall be eligible for election or nomination to any of the said two authorities.
Explanation I.—For the purpose of this sub-section, the expression “period” shall include the period held prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazette.
Explanation II.—For the purpose of computing the total period of six years referred to in this sub-section, the period of three years during which a person held office in one authority either by election or by nomination and the period of three years during which he held office in another authority either by election or by nomination shall be taken into account and accordingly such person shall not be eligible for election or nomination in any one of the said three authorities:
Provided that for the purpose of this sub-section, a person who has held office for a period not less than one year in any one of the said three authorities in a casual vacancy shall be deemed to have held office for a period of three years in that authority:
Provided further that for the purpose of this sub-section, if a person was elected or nominated to one authority and such person became a member of another authority by virtue of the membership in the first mentioned authority, the period for which he held office in the first mentioned authority alone shall be taken into account.
(2) Notwithstanding in sub-section (1) shall have application in respect of,—
(i) ex-officio members referred to in section 17(2), clauses (a) to (d) and (g); and
(ii) ex-officio members referred to in clause (1) of Statute 9 of Schedule II.”.
Amendment of Schedule II
14. In Schedule II 1978 Act, in Statute 9, in clause (3), after the words “three years”, the following shall be added, namely:—
“and such members shall be eligible for nomination for not more than another term of three years:
Provided that where a member is nominated to the Academic Council to a casual vacancy, the period of office held for not less than one year by any such member shall be construed as a full term of three years for the purpose of this clause.
Explanation—For the purpose of this clause, the expression “term” shall include the term held prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazette.”.
PART VI
Amendments to the Bharathiar University Act, 1981
Insertion of new section 7
15. After section 6 of the Bharathiar University Act, 1981 (hereinafter referred to as Tamil Nadu Act 1 of 1982), the following section shall be inserted, namely:—
“7. Disqualification for election or nomination to Senate, Standing Committee on Academic Affairs and Syndicate in certain cases.—(1) Notwithstanding anything contained in section 20, 23 or 24, no person who has held office as a member for a total period of six years in any one or more of the following authorities of the University, namely:—
(i) the Senate,
(ii) the Standing Committee on Academic Affairs, and
(iii) the Syndicate,
shall be eligible for election or nomination to any of the said three authorities.
Explanation I.—For the purpose of this sub-section, the expression “period” shall include the period held prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazette.
Explanation II.—For the purpose of computing the total period of six years referred to in this sub-section, the period of three years during which a person held office in one authority either by election or by nomination and the period of three years during which he held office in another authority either by election or by nomination shall be taken into account and accordingly such person shall not be eligible for election or nomination in any one of the said three authorities:
Provided that for the purpose of this sub-section, a person who has held office for a period not less than one year in any one of the said three authorities in a casual vacancy shall be deemed to have held office for a period of three years in that authority:
Provided further that for the purpose of this sub-section, if a person was elected or nominated to one authority and such person became a member of another authority by virtue of the membership in the first mentioned authority, the period for which he held office in the first mentioned authority alone shall be taken into account.
(2) Notwithstanding in sub-section (1) shall have application in respect of,—
(i) ex-officio members referred to in section 20(a), Class I, but not including members of the Syndicate who are not otherwise members of the Senate referred to in item (13); and
(ii) ex-officio members referred to in section 23(2)(a), Class I; and section 24(b), Clause I.”.
Amendment of section 20
16. In section 20 of Tamil Nadu Act 1 of 1982, in clause (b), for the expression “Save as otherwise provided, elected and nominated members of the Senate shall hold office for a period of thee yeas”, the following shall be substituted, namely.
“(1) Save as otherwise provided, elected and nominated members of the Senate shall hold office for a period of three yews and such members shall be eligible for election or nomination for not more than another period of three years.
(ii) Where a member is elected or nominated to the Senate to a casual vacancy, the period of office held for not less than one year by any such member shall construed as a full period of, three years for the purpose of this clause.
Explanation.—For the purpose of this clause, the expression “period’ shall include the period held prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazette.”.
Amendment of section 23
17. In section 23 of Tamil Nadu Act 1 of 1982, in sub-section (2), in clause (c), for the expression “The members of the Standing Committee on Academic Affairs other than the ex-officio members, shall hold office for a period of three years”, the following shall be substituted, namely:—
“(i) The members of the Standing Committee on Academic Affairs, other than the ex-officio members, shall hold office for a period of three years and such members shall be eligible for election for not more than another period of three years.
(ii) Where a member is elected to the Standing Committee on Academic Affairs to a casual vacancy, the period of office held for not less than one year by any such member shall be construed as a full period of three years for the purpose of this clause.
Explanation.—For the purpose of this clause, the expression “period” shall include the period held prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazette.”.
Amendment of section 24
18. In section 24 of Tamil Nadu Act 1 of 1982, in clause (e), for the expression “Save as otherwise provided, the members of the Syndicate other than the ex officio members shall hold office for a period of three years”, the following shall be substituted, namely:—
“(i) Save as otherwise provided, the members of the Syndicate, other than the ex-officio members, shall hold office for a period of three years and such members shall be eligible for election or nomination for not more than another period of three years.
(ii) Where a member is elected or nominated to the syndicate to a casual vacancy, the period of office held for not less than one year by any such member shall be construed as a full period of three, years for the purpose of this clause.
Explanation.—For the purpose of this clause, the expression “period” shall include the period of office held by any person prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazette.”.
PART VII
Amendments to the Bharathidasan University Act, 1981
Insertion of new section 7
19. After section 6 of the Bharathidasan University Act, 1981 (hereinafter referred to as Tamil Nadu Act 2 of 1982), the following section shall be inserted, namely:—
“7. Disqualification for election or nomination to Senate, Standing Committee on Academic Affairs and Syndicate in certain cases.—(1) Notwithstanding anything contained in section 20, 23 or 24, no person who has held office as a member for a total period of six years in any one or more of the following authorities of the University, namely:—
(i) the Senate,
(ii) the Standing Committee on Academic Affairs, and
(iii) the Syndicate,
shall be eligible for election or, nomination to any of the said three authorities.
Explanation I.—For the purpose of this sub-section, the expression “period” shall include the period of office held by any person prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazette.
Explanation II.—For the purpose of computing the total period of six years referred to in this sub-section, the period of three years during which a person held office in one authority either by election or by nomination and the period of three years during which he held office in another authority either by election or by nomination shall be taken into account and accordingly such person shall dot be eligible for election or nomination to any one of the said three authorities:
Provided that for the purpose of this sub-section, a person who has held office for a period not less than one year in any one of the said three authorities in a casual vacancy shall be deemed to have held office for a period of three years in that authority:
Provided further that for the purpose bf this sub-section, if a person was elected or nominated to one authority and such person became a member of another authority by virtue of the membership in the first mentioned authority, the period for which he held office in the first mentioned authority alone shall be taken into account.
(2) Nothing in sub-section (1) shall have application in respect of—
(f) ex-officio members referred to in section 20 (a), Class I, but not including members of the Syndicate who are not otherwise members of the Senate referred to in item (13) ; and
(ii) ex-officio members referred to in section 23 (2) (a), Class I and section 24 (b), Class I.”.
Amendment of section 20
20. In section 20 of Tamil Nadu Act 2 of 1982, in clause (b), for the expression “Save as otherwise provided, elected and nominated members of the Senate shall hold office for a period of three years”, the following shall be substituted, namely:—
“(i) Save as otherwise provided, elected and nominated members of the Senate
shall old office for a period of three years and such members shall be eligible for election or nomination for not mere than another period of three years.
(ii) Where a member is elected or nominated to the Senate to a casual vacancy the period of office held for not less than one year by any such member construed as a full period of three years for the purpose of this clause.
Explanation.—For the purpose of this, clause, the expression “period” shall include the period held prior to the date of the publication of the Universities Laws (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazette.”.
Amendment of section 23
21. In section 23 of Tamil Nadu Act 2 of 1952, in sub-section (2), in clause (c), for the expression “The members of the Standing Committee on Academic Affairs, other than the ex-officio members, shall hold office for a period of three years”, the following shall be substituted, namely:—
“(i) The members of the Standing Committee on Academic Affairs, other than the ex-officio members, shall hold office for a period of three years and such members shall be eligible for election for not more than another period of three years.
(ii) Where a member is elected to the Standing Committee on Academic Affairs to a casual vacancy, the period of office held for not less than one year by any such member shall be construed as a full period of three years for the purpose of this clause.
Explanation.—For the purpose of this clause, the expression “period” shall include the period held prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act, 1981, in the Tamil Nadu Government Gazette.”.
Amendment of section 24
22. In section 24 of Tamil Nadu Act 2 of 1982, in clause (e), for the expression “Save as otherwise provided, the members of the Syndicate other than the ex-officio members shall hold office for a period of three years”, the following shall be substituted, namely:—
“(i) Save as otherwise provided, the members of the Syndicate, other than the ex-officio members, shall had office for a period of three years and such members shall be eligible for election or nomination for not more than another period of three years.
(ii) Where a member is elected or nominated to the Syndicate to a casual vacancy, the period of office held for not less than one year by any such member shall be construed as a full period of three years for the purpose of this clause.
Explanation.—For the purpose of this clause, the expression “period” shall include the period held prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazette.
PART VIII
Amendment to the Tamil University Act, 1982
Insertion of new section 7
23. After section 6 of the Tamil University Act, 1982 (hereinafter referred to Tamil Nadu Act 9 of 1982), the following section shall be inserted, namely:—
“7. Disqualification for election or nomination to Senate and Syndicate in certain cases.—(1) Notwithstanding anything contained In Section 18 or 21, no person who has held office as a member for a total period of six years in any one or both of the following authorities, namely:—
(i) the Senate, and
(ii) the Syndicate,
shall be eligible for election or nomination to any of the held two authorities.
Explanation I.—For the purpose of this sub-section, the expression “period” shall include the period of office held by any person prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazette.
Explanation II.—For the purpose of computing the total period of six years referred to in this sub-section, the period of three years during which a person held office in one authority either by election or by nomination and the period of three years during which he held office in another authority either by election or by nomination shall be taken into account and accordingly such person shall not be eligible for election or nomination to any one of the said two authorities:
Provided further that for the purpose of this sub-section, if a person was elected or nominated to one authority and such person became a member of another authority by virtue of the membership in the first mentioned authority, the period for which he held office in the first mentioned authority alone shall be taken into account.
(2) Nothing in sub-section (1) shall have application in respect of—
(i) ex-officio members referred to in section 18 (a), Class I, but not including members of the Syndicate who are not otherwise members of the Senate referred to In item (9); and
(ii) ex-officio members referred to in section 21 (b), Class I.”.
Amendment of section 18
24. In section 18 of Tamil Nadu Act 9 of 1982, in clause (c), for the expression “Save as otherwise provided, elected or nominated members of the Senate shall hold office for a period of three years”, the following shall be substituted, namely:—
“(i) Save as otherwise provided, elected and nominated members of the Senate shall hold office for a period of three years and such members shall be eligible for election or nomination for not more than another period of three years.
(ii) Where a member is elected or nominated to the Senate to a casual vacancy, the period of office held for not less than one year by any such member shall be construed as a full period of three years for the purpose of this clause.
Explanation.-For the purpose of this clause, the expression “period” shall include the period of office held by any person prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazette.”.
Amendment of section 21
25. In section 21 of Tamil Nadu Act 9 of 1982, in clause (e), for the expression “Save as otherwise provided, elected or nominated members of Syndicate shall hold office for a period of three years”, the following shall be substituted, namely:—
“(i) Save as otherwise provided elected and nominated members of the Syndicate shall bold office for a period of three years and such members shall be eligible for election or nomination for not more than another period of three years.
(ii) Where a member is elected or nominated to the Syndicate to a casual vacancy, the period of office held for not less than one year, by any such member shall be construed as a full period of three years for the purpose of this clause.
Explanation.—For the purpose of this clause, the expression “period” shall include the period of office held by any person prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act. 1991 in the Tamil Nadu Government Gazette.”.
Insertion of new section 7
26. After section 6 of the Tamil University Act, 1982 (hereinafter referred to as the 1984 Act), the following section shall be inserted, namely:—
“7. Disqualification for election or nomination to Senate and Syndicate in certain cases.—(1) Notwithstanding anything contained In Section 20 or 23, no person who has held office as a member for a total period of six years in any one or both of the following authorities, namely:—
(i) the Academic Committee, and
(ii) the Executive Council,
shall be eligible for election or nomination to any of the held two authorities.
Explanation I.—For the purpose of this sub-section, the expression “period” shall include the period of office held by any person prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazette.
Explanation II.—For the purpose of computing the total period of six years referred to in this sub-section, the period of three years during which a person held office in one authority either by election or by nomination and the period of three years during which he held office in another authority either by election or by nomination shall be taken into account and accordingly such person shall not be eligible for election or nomination to any one of the said two authorities:
Provided that for the purpose of this sub-section, a person who has held office for a period not less than one year in any one of the said three authorities in a casual vacancy shall be deemed to have held office for a period of three years in that authority:
Provided further that for the purpose of this sub-section, if a person was elected or nominated to one authority and such person became a member of another authority by virtue of the membership in the first mentioned authority, the period for which he held office in the first mentioned authority alone shall be taken into account.
(2) Nothing in sub-section (1) shall have application in respect of—
(i) ex-officio members referred to in section 20 (a), Class I, but not including members of the Syndicate who are not otherwise members of the Senate referred to In item (7); and
(ii) ex-officio members referred to in section 23 (b), Class I.”.
Amendment of section 20
27. In section 20 of the Act 1984, in clause (c), for the expression “Save as otherwise provided, elected or nominated members of Syndicate shall hold office for a period of three years”, the following shall be substituted, namely:—
“(i) Save as otherwise provided elected and nominated members of the Syndicate shall bold office for a period of three years and such members shall be eligible for election or nomination for not more than another period of three years.
(ii) Where a member is elected or nominated to the Syndicate to a casual vacancy, the period of office held for not less than one year, by any such member shall be construed as a full period of three years for the purpose of this clause.
Explanation.—For the purpose of this clause, the expression “period” shall include the period of office held by any person prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act. 1991 in the Tamil Nadu Government Gazette.”.
Amendment of section 23
28. In section 23 of the Act, in clause (e), for the expression “Save as otherwise provided, elected or nominated members of Syndicate shall hold office for a period of three years”, the following shall be substituted, namely:—
“(i) Save as otherwise provided elected and nominated members of the Syndicate shall bold office for a period of three years and such members shall be eligible for election or nomination for not more than another period of three years.
(ii) Where a member is elected or nominated to the Syndicate to a casual vacancy, the period of office held for not less than one year, by any such member shall be construed as a full period of three years for the purpose of this clause.
Explanation.—For the purpose of this clause, the expression “period” shall include the period of office held by any person prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act. 1991 in the Tamil Nadu Government Gazette.”.
PART X
Amendments to the Alagappa University Act, 1985
Insertion of new section 8
29. After section 7 of the Alagappa University Act, 1985 (hereinafter referred to as the 1985 Act), the following section shall be inserted, namely:—
“8. Disqualification for election or nomination to Senate, Standing Committee on Academic Affairs and Syndicate in certain cases.—(1) Notwithstanding anything contained In Section 21, 24 or 25, no person who has held office as a member for a total period of six years in any one or both of the following authorities, namely:—
(i) the Senate, and
(ii) the Standing committee on Academic Affairs, and
(iii) Syndicate,
shall be eligible for election or nomination to any of the held two authorities.
Explanation I.—For the purpose of this sub-section, the expression “period” shall include the period of office held by any person prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazette.
Explanation II.—For the purpose of computing the total period of six years referred to in this sub-section, the period of three years during which a person held office in one authority either by election or by nomination and the period of three years during which he held office in another authority either by election or by nomination shall be taken into account and accordingly such person shall not be eligible for election or nomination to any one of the said two authorities:
Provided further that for the purpose of this sub-section, if a person was elected or nominated to one authority and such person became a member of another authority by virtue of the membership in the first mentioned authority, the period for which he held office in the first mentioned authority alone shall be taken into account.
(2) Nothing in sub-section (1) shall have application in respect of—
(i) ex-officio members referred to in section 21(a), Class I, but not including members of the Syndicate who are not otherwise members of the Senate referred to In item (10); and
(ii) ex-officio members referred to in section 24 (2) (a), Class I and section 25 (b), Class II; and
(iii) the Life Member referred to in section 25 (b), Class I.
Amendment of section 21
30. In section 21 of the 1985 Act, in clause (c), for the expression “Save as otherwise provided, elected or nominated members of Syndicate shall hold office for a period of three years”, the following shall be substituted, namely:—
“(i) Save as otherwise provided elected and nominated members of the Syndicate shall bold office for a period of three years and such members shall be eligible for election or nomination for not more than another period of three years.
(ii) Where a member is elected or nominated to the Syndicate to a casual vacancy, the period of office held for not less than one year, by any such member shall be construed as a full period of three years for the purpose of this clause.
Explanation.—For the purpose of this clause, the expression “period” shall include the period of office held by any person prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act. 1991 in the Tamil Nadu Government Gazette.”.
Amendment of section 24
31. In section 24 of the 1985 Act, in sub-section (2), in clause (d), for the expression “The members of the Standing Committee on Academic Affairs, other than the ex-officio members, shall hold office for a period of three years”, the following shall be substituted, namely:—
“(i) The members of the Standing Committee on Academic Affairs, other than the ex-officio members, shall hold office for a period of three years and such members shall be eligible for nomination for not more than another period of three years.
(ii) Where a member is nominated to the Standing Committee on Academic Affairs to a casual vacancy, the period of office held for not less than one year by any such member shall be construed as a full period of three years for the purpose of this clause.
Explanation.—For the purpose of this clause, the expression “period” shall include the period of office held by any person prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act. 1991 in the Tamil Nadu Government Gazette.”.
Amendment of section 25
32. In section 25 of the 1985 Act, in clause (e), for the expression “Save as otherwise provided, the members of the Syndicate other than the life member and the ex-officio members, shall hold office for a period of three years”, the following shall be substituted, namely:—
“(i) Save as otherwise provided, the members the Syndicate, other than the life member and the ex-officio members, shall hold office for a period of three years and such members shall be eligible for election or nomination for not more than another period of three years.
(ii) Where a member is elected or nominated to the Syndicate to a casual vacancy, the period of office held for not less than one year, by any such member shall be construed as a full period of three years for the purpose of this clause.
Explanation.—For the purpose of this clause, the expression “period” shall include the period of office held by any person prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act. 1991 in the Tamil Nadu Government Gazette.”.
PART XI
Amendments to the Manonmaniam Sundaranar University Act, 1990
Insertion of new section 6-A
33. After section 6 of the Manonmaniam Sundaranar University Act, 1990 (hereinafter referred to as the 1990 Act), the following section shall be inserted, namely:—
“6-A. Disqualification for election or nomination to Senate, Standing Committee on Academic Affairs and Syndicate in certain cases.—(1) Notwithstanding anything contained in section 19, 22 or 23, no person who has held office as a member for a total period of six years in any one or more of the following authorities of the University, namely:—
(i) the Senate,
(ii) the Standing Committee on Academic Affairs, and
(iii) the Syndicate,
shall be eligible for election or nomination to any of the said three authorities.
Explanation I.—For the purpose of this sub-section, the expression “period” shall include the period of office held by any person prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazette.
Explanation II.—For the purpose of computing the total period of six years referred to in this sub-section, the period of three years during which a person held office in one authority either by election or by nomination and the period of three years during which he held office in another authority either by election or by nomination shall be taken into account and accordingly, such person shall not be eligible for election or nomination to any one of the said three authorities:
Provided that for the purpose of this sub-section, a person who has held office for a period not less than one year in any one of the said three authorities in a casual vacancy shall be deemed to have held office for a period of three years in that authority:
Provided further that for the purpose of this sub-section, if a person was elected or nominated to one authority and such person became a member of another authority by virtue of the membership in the first mentioned authority, the period for which he held office in the first mentioned authority alone shall be taken into account.
(2) Nothing in sub-section (1) shall have application in respect of—
(i) ex-officio members referred to in section 19(a), Class I, but not including members of the Syndicate who are not otherwise members of the Senate referred to in item (13); and
(ii) ex-officio members referred to in section 22(2)(a), Class I and section 23(b), Class I.”.
Amendment of section 19
34. In section 19 of the 1990 Act, in clause (b), for the expression “Save as otherwise provided, elected and nominated member of the Senate shall hold office for a period of three years”, the following shall be substituted, namely:—
“(i) Save as otherwise provided, elected and nominated members of the, Senate shall hold office for a period of three years and such members shall be eligible for election or nomination for not more than another period of three years.
(ii) Where a member is elected or nominated to the Senate to a casual vacancy, the period of office held for not less than one year by any such member shall be construed as a full period of three years for the purpose of this clause.
Explanation.-For the purpose of this clause, the expression “period” shall include the period of office held by any person prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazette.”.
Amendment of section 22
35. In section 22 of the 1990 Act, in sub-section (2), in clause (c), for the expression “The members of the Standing Committee on Academic Affairs, other than the ex-office members, shall hold office for a period of three years’, the following shall be substituted, namely:—
“(i) The members of the Standing Committee on Academic Affairs, other than the ex-officio members, shall hold office for a period of three years and such members shall be eligible fir election for not more than another period of three years.
(ii) Where a member is elected to the Standing Committee on Academic Affairs to a casual vacancy, the period of office held for not less than one year by any such member shall be construed as a full period of three years for the purpose of this clause.
Explanation.—For the purpose of this clause, the expression “period” shall include the period of office held by any person prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazette.”.
Amendment of section 23
36. In section 23 of the 1990 Act, in clause (e), for the expression “Save as otherwise provided, the members of the Syndicate, other than the ex-officio members, shall hold office for a period of three years” the following shall be substituted, namely:—
“(i) Save as otherwise provided, the members of the Syndicate, other than the ex-officio members, shall hold office for a period of three years and such members shall be eligible for election or nomination for not more than another period of three years.
(ii) Where a member is elected or nominated to the Syndicate to a casual vacancy, the period of office held for not less than one year by any such member shall be construed as a full period of three years for the purpose of this clause.
Explanation.—For the purpose of this clause, the expression “period” shall include the period of office held by any person prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazette.”.
PART XII
Special Provision
Term of office of certain members of authorities of Universities to expire
37. Notwithstanding anything contained in the 1923 Act, the 1929 Act, the 1965 Act, Tamil Nadu Act 1 of 1982, Tamil Nadu Act 2 of 1982, Tamil Nadu Act 9 of 1982, the 1984 Act or the 1985 Act, as amended by this Act, or in any other law for the time being in force or in any judgment, decree or order of a court, the term of office of every member (whether elected or nominated) of the Senate, the Syndicate, the Academic Council, the Standing Committee on Academic Affairs, the Academic Committee or the Executive Council, as the case may be, of the Madras University, the Annamalai University, the Madurai-Kamaraj University, the Anna University, the Bharathiar University, the Bharathidasan University, the Tamil University, the Mother Teresa Women’s University or the Alagappa University; as the case may be, who has held office as a member in any one or more of the aforesaid authorities of the University concerned for a total period of six years and holding office as such member immediately before the date of the publication of this Act in the Tamil Nadu Government Gazette, shall expire on the date of the publication of this Act in the Tamil Nadu Government Gazette, and every such member shall vacate his office on and from the date of such publication,
(By order of the Governor)
MD. ISMAIL,
Secretary to Government, Law Department.
PART IV-SECTION 2
Tamil Nadu Acts and Ordinances
The following Act of the Tamil Nadu Legislative Assembly received the assent of the President on the 5th January 1993 and id hereby published for general information:—
ACT No. 1 OF 1993
An Act further to amend the Madras University Act, 1923 and the Annamalai University Act, 1928.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-third Year of the Republic of India as follows:—
Short title and commencement
1. (1) This Act may be called the Madras University and the Annamalai University (Amendment) Act, 1992.
(2) It shall come into force at once.
Amendment of Tamil Nadu Act VII of 1923
2. In section 11 of the Madras University Act, 1923, to sub-section (1), the following proviso shall be added, namely:—
“Provide that if the Chancellor does not approve any of the persons in he panel so recommended by the committee, he may take steps to constitute another committee, in accordance with sub-section (2), to give a fresh panel of three different names and shall appoint one of the persons named in the fresh panel as the Vice-Chancellor.”.
Amendment of Tamil Nadu Act I of 1929
3. In section 12 of the Annamalai University Act, 1928, to sub-section (1), the following proviso shall be added, namely:—
“Provided that if the Chancellor does not approve any of the persons in the panel so recommended by the Founder, he may call for a fresh panel of three different names from the Founder and shall appoint one of the persons named in the fresh panel as the Vice-Chancellor.”.
(By order of the Governor)
M. MUNIRAMAN,
Secretary to Government in-charge, Law Department.
Part IV - Section 2
Tamil Nadu Acts and Ordinances
The following Act of the Tamil Nadu Legislative Assembly received the assent of the President on the 30th March 1993 and is hereby published for general information:—
ACT NO.9 OF 1993
An Act further to amend the Madras University Act, 1923 and the Annamalai University Act, 1928
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-third Year of the Republic of India as follows:—
PART I
PRELIMINARY
Short title
1. This Act may be called the Madras University and Annamalai University (Second Amendment) Act, 1992
PART II
AMENDMENTS TO THE MADRAS UNIVERSITY ACT, 1923
Amendment of section 14
2. In section 14 of the Madras University Act, 1923 (hereinafter referred to as the 1923 Act) for the first proviso to clause (b), the following proviso shall be substituted, namely:—
“Provided that a member of the Senate who is elected or nominated in his capacity as, a member of a particular electorate or body, or the holder of a particular appointment, shall cease to be a member of the Senate from the date on which he ceases to be a member of that electorate or body, or the holder of that appointment, as the case may be:”.
Amendment of section 18
3. In section 18 of the 1923 Act, in the proviso to clause (b), for the words “Provided also that where an elected or nominated member of the Syndicate”, the following proviso shall be substituted, namely:—
“Provided that a member of the Syndicate who is elected or nominated in his capacity as, a member of a particular electorate or body, or the holder of a particular appointment, shall cease to be a member of the Senate from the date on which he ceases to be a member of that electorate or body, or the holder of that appointment, as the case may be:
Provided further that where an elected or nominated member of the Syndicate”.
Amendment of section 23
4. In section 23 of the 1923 Act, in the proviso to clause (b), for the words “Provided also that where an elected or nominated member of the Academic Council”, the following proviso shall be substituted, namely:—
“Provided that a member of the Academic Council who is elected or nominated in his capacity as, a member of a particular electorate or body, or the holder of a particular appointment, shall cease to be a member of the Senate from the date on which he ceases to be a member of that electorate or body, or the holder of that appointment, as the case may be:
Provided further that where an elected or nominated member of the Academic Council”.
PART III
AMENDMENT TO THE ANNAMALAI UNIVERSITY ACT, 1928
Amendment of section 33
5. In section 33 of the Annamalai University Act, 1928, for sub-section (4) (including the proviso thereto), the following sub-section shall be substituted, namely:—
“(4) A member of the Senate, the Academic Council or the Syndicate who is elected or nominated in his capacity as a member of a particular electorate or body, or the holder of a particular appointment, shall cease to be a member of the Senate, the Academic Council or the Syndicate, from the date on which he ceases to be, a member of that electorate or body, or the holder of that appointment, as the case may be.”.
PART IV
Removal of doubts
6. For the removal of doubts, it is hereby declared that notwithstanding anything contained in any law for the time, being in force or in any, judgment, decree or order of any court, every person who had been elected or nominated to the Senate, the Syndicate or the Academic Council, of the Madras University or of the Annamalai University in his capacity as a member of a particular electorate or body, or the holder of a particular appointment, and who had ceased to be a member of that electorate or body, or the holder of that appointment, but holding office as a member in any of the aforesaid authorities of the University concerned immediately before the date of the publication of this Act in the Tamil Nadu Government Gazette, shall cease to be a member of that authority in the University concerned on the date of the publication of this Act in the Tamil Nadu Government Gazette.
(By order of the Governor)
M. MUNIRAMAN,
Secretary to Government, Law Department.
PART IV-SECTION 2
Tamil Nadu Act and Ordinances
The following Act of the Tamil Nadu Legislative Assembly received the assent of the President on the 19th January 1994 and is hereby published for general information:—
ACT NO.7 OF 1994
An Act further to amend the Madras University Act, 1923 and the Madurai-Kamaraj University Act, 1965
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-fourth Year of the Republic of India as follows:—
Short title and commencement
1. (1) This Act may be called the Madras University and the Madurai-Kamaraj University (Amendment) Act, 1993.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
Amendment of Tamil Nadu Act VII of 1923
2. In section 18 of the Madras University Act, 1923,—
(1) in clause (a), under the heading “Other Members”,—
(a) in item (2), the word “and” occurring at the end shall be omitted;
(b) for the proviso, the following shall be substituted, namely:—
“(4) Three University Professors from among the Heads of Departments of study and research, schools of excellence or centres of advanced studies, nominated by the Chancellor on the recommendation of the Vice-Chancellor by rotation among such departments, schools and centres;
(7) One University Lecturer nominated by the Vice-Chancellor, by rotation according to seniority.”;
(2) in clause (b), the proviso beginning with the words “Provided also that a member of the Syndicate shall cease to be a member” and ending with the words ‘wholetime teacher of the University” shall be omitted.
Amendment of Tamil Nadu Act 33 of 1965
3. In section 19 of the Madurai-Kamaraj University Act, 1965,—
(1) in clause (a), under the heading “Class II—Other Members”,—
(a) an item (2), the word “and” occurring at the end shall be omitted;
(b) for the proviso, the following shall be substituted, namely:—
“(4) Three University Professors form among the Heads of Departments of study and research, schools of excellence or centres of advanced studies, nominated by the Chancellor on the recommendation of the Vice-Chancellor, by rotation among such departments, schools and centres;
(5) One University Reader nominated by the Vice-Chancellor, by rotation according to seniority; and
(6) One University Reader nominated by the Vice-Chancellor, by rotation according to seniority.”;
(2) in clause (b), the proviso beginning with the words “Provided also that a member of the Syndicate shall cease to be a member” and ending with the words “wholetime teacher of the University” shall be omitted.
(By order of the Governor)
M. MUNIRAMAN,
Secretary to Government, Law Department.
The following Act of the Tamil Nadu Legislative Assembly received the assent of the President on the 9th December 1998 and is hereby published for general information:—
ACT No. 41 OF 1998
An Act further to amend the Tamil Nadu Universities Laws
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-eighth Year of the Republic of India as follows:—
PART I
PRELIMINARY
Short title and commencement
1. (1) This Act may be called the Tamil Nadu Universities Laws (Amendment) Act, 1997.
(2) It shall come into force at once.
PART II
AMENDMENTS TO THE CHENNAI UNIVERSITY ACT, 1923
Amendment of section 5-A
2. In section 5-A of the Chennai University Act, 1923 (hereinafter referred to as the 1923 Act), for the marginal heading and sub-section (1), the following shall be substituted, namely:—
“Restriction for election or nomination to Senate, Syndicate and Academic Council in certain cases.— (1) Notwithstanding anything contained in sections 14, 18 or 23, any person who has completed two terms of three years each, continuously in any one or two of the following authorities of the University, namely:—
(i) the Senate,
(ii) the Syndicate; and
(iii) the Academic Council,
shall be eligible, after a period of three years has elapsed from the date of his ceasing to be such member, for election or nomination to any of the abovementioned authorities:
Provided that for the purpose of this sub-section, if a person was elected or nominated to one authority and such person became a member of another, authority by virtue of the membership in the first mentioned authority, the period for which he held office in the first mentioned authority alone shall be taken into account.”.
Amendment of section 14
3. In section 14 of the 1923 Act, for clause (b) excluding the provisos, the following shall be substituted, namely:—
“(b) Save as otherwise provided, elected and nominated members of the Senate shall hold office for a period of three years and such members shall be eligible for re-election or re-nomination:”.
Amendment of section 18
4. In section 18 of the 1923 Act, for clause (b) excluding the provisos, the following shall be substituted, namely:—
“(b) Save as otherwise provided, elected and nominated members of the Syndicate shall hold office for a period of three years and such members shall be eligible for re-election or re-nomination:”.
Amendment of section 23
5. In section 23 of the 1923 Act, for clause (b) excluding the provisos, the following shall be substituted, namely:—
“(b) Save as otherwise provided, elected and nominated members of the Academic Council shall hold office for a period of three years and such members shall be eligible for re-election or re-nomination:”.
PART III
AMENDMENTS TO THE ANNAMALAI UNIVERSITY ACT, 1928
Amendment of section 33
6. In section 33 of the Annamalai University Act, 1928 (hereinafter referred to as the 1929 Act), for sub-section (1) including the proviso and the Explanation thereunder, the following sub-section shall be substituted, namely:—
“(1) Save as otherwise provided, the authorities and other bodies connected with the University shall be reconstituted every three years and a member of every such authority or body, shall, except in the case of ex-officio members,—
(a) be eligible for re-election or re-nomination to the Senate, Academic Council or Syndicate; and
(b) in the case of any other authority or body hold office upto the date of its next reconstitution.”.
Substitution of section 33-A
7. For section 33-A of the 1929 Act, the following section shall be substituted, namely:—
“33-A. Restriction for election or nomination to Senate, Academic Council and Syndicate in certain cases.—(1) Notwithstanding anything contained in sections 15, 17, 21 of 33, any person who has completed two terms of three years each, continuously in any one or two of the following authorities of the University, namely:—
(i) the Senate,
(ii) the Academic Council, and
(iii) the Syndicate,
shall be eligible, after a period of three years has elapsed from the date of his ceasing to be such member, for election or nomination to any of the abovementioned authorities:
provided that for the purpose of this sub-section, if a person was elected or nominated to one authority and such person became a member of another authority by virtue of the membership in the first mentioned authority, the period for which he held office in the first mentioned authority alone shall be taken into account.
(2) Nothing in sub-section (1) shall have application in respect of—
(i) ex-officio members referred to in section 15, Class I, but not including members of the Syndicate who are not otherwise members of the Senate referred to in item (11) ;
(ii) ex-officio members referred to in section 17, Class 1, but not including members of the Syndicate who are not otherwise members of the Academic Council referred to in item (5); and
(iii) ex-officio members referred to in section 21, Class I.
PART IV
AMENDMENTS TO THE MADURAI-KAMARAJ UNIVERSITY ACT, 1965
Amendment of section 15
8. In section 15 of the Madurai-Kamaraj University Act, 1965 (hereinafter referred to as the 1965 Act), for clause (b) excluding the provisos, the following shall be substituted, namely:—
“(b) Save as otherwise provided, elected and nominated members of the Senate shall hold office for a period of three years and such members shall be eligible for re-election or re-nomination.
Amendment of section 19
9. In section 19 of the 1965 Act, for clause (b) excluding the provisos, the following shall be substituted, namely:—
“(b) Save as otherwise provided, elected and nominated members of the Syndicate shall hold office for a period of three years and such members shall be eligible for re-election or re-nomination:”.
Amendment of section 24
10. In section 24 of the 1965 Act, for clause (b) excluding the provisos, the following shall be substituted, namely:—
“(b) Save as otherwise provided, elected and nominated members of the Academic Council shall hold office for a period of three years and such members shall be eligible for re-election or re-nomination:”.
Amendment of section 24-A
11. In section 24-A of the 1965 Act, for the marginal heading and sub-section (1), the following shall be substituted, namely:—
“Restriction for election or nomination to Senate, Syndicate and Academic Council in certain cases.-(1) Notwithstanding anything contained in sections 15, 19 or 24, any person who has completed two terms of three years each, continuously in any one or two or the following authorities of the University, namely:—
(i) the Senate;
(ii) the Syndicate, and
(iii) the Academic Council,
shall be eligible, after a period of three years has elapsed from the date of his ceasing to be such member, for election or nomination to any of the abovementioned authorities:
Provided that for the purpose of this sub-section, if a person was elected or nominated to one authority and such person became a member of another authority by virtue of the membership in the first mentioned authority, the period for which he held office in the first mentioned authority alone shall be taken into account.”.
PART V
AMENDMENTS TO THE ANNA UNIVERSITY ACT, 1978
Amendment of section 17
12. In section 17 of the Anna University Act, 1978 (hereinafter referred to as the 1978 Act), in sub-section (4),—
(1) for the expression beginning with the words “The term of office of the members” and ending with the words “another term of three years’, the following shall be substituted, namely:—
‘The term of office of the members of the Syndicate, other than the ex-officio members, shall be three years and such members shall be eligible for re-election or re-nomination;”.
(2) the second proviso including the Explanation thereunder, shall be omitted.
Amendment of section 17-A
13. In section 17-A of the 1978 Act, for the marginal heading and sub-section (1), the following shall be substituted, namely:—
“Restriction for election or nomination to Syndicate and Academic Council certain cases.--(l) Notwithstanding anything contained in section 1 7 or section 18 of Statute 9 of Schedule II, any person who has completed two terms of three years each, continuously in any one or both of the following authorities of the University, namely:—
(i) the Syndicate, and
(ii) the Academic Council,
shall be eligible, after a period of three years has elapsed from the date of his ceasing to be such member, for election or nomination to any of the above mentioned authorities:
Provided that for the purpose of this sub-section if a person was elected or nominated to one authority and such person became a member of another authority by virtue of the membership in the first mentioned authority, the period for which he held office in the first mentioned authority alone shall be taken into account.”.
Amendment of Schedule II
14. In Schedule II to the 1978 Act, in Statute 9, for clause (3), the following clause shall be substituted, namely:—
“(3) The term of office of the members, other than ex-officio members, shall be three years and such members shall be eligible for re-nomination.”.
PART VI
AMENDMENTS TO THE BHARATHIAR UNIVERSITY ACT, 1981
Amendment of section 7
15. In section 7 of the Bharathiar University Act, 1981 (hereinafter referred to as Tamil Nadu Act 1 of 1982), for the marginal heading and sub-section (1), the following shall be substituted, namely:—
“Restriction for election or nomination to Senate, Standing Committee on Academic Affairs and Syndicate in certain cases.-(1) Not withstanding anything contained in sections 20, 23 or 24, any person who has completed two terms of three pears each, continuously in any one or two of the following authorities of the University, namely:—
(i) the Senate,
(ii) the Standing Committee on Academic Affairs, and
(iii) the Syndicate,
shall be eligible, after a period of three years has elapsed from the date of his ceasing to be such member, for election or nomination to any of the above mentioned authorities:
Provided that for the purpose of this sub-section, if a person was elected or nominated to one authority and such person became a member of another authority by virtue of the membership in the first mentioned authority, the period for which he held office in the first mentioned authority alone shall be taken into account.”.
Amendment of section 20
16. In section 20 of Tamil Nadu Act 1 of 1982, for clause (h) excluding the provisos, the following shall be substituted, namely:—
“(b) Save as otherwise provided, elected and nominated members of the Senate shall hold office for a period of three years and such members shall be eligible for re-election or re-nomination:”.
Amendment of section 23
17. In section 23 of Tamil Nadu Act 1 of 1982, in sub-section (2), for clause (c) excluding the provisos, the following shall be substituted, namely:—
“(c) The Members of the Standing Committee on Academic Affairs, other than the ex-officio members, shall hold office for a period of three years and such members shall be eligible for re-election;”.
Amendment of section 24
18. In section 24 of Tamil Nadu Act 1 of 1982, for clause (c) excluding the provisos, the following shall be substituted, namely:—
“(c) Save as otherwise provided, the members of the Syndicate, other than the ex-officio members, shall hold office for a period of three years and such members shall be eligible for re-election or re-nomination;”.
PART VII
AMENDMENTS TO THE BHARATHIDASAN UNIVERSITY ACT, 1981
Amendment of section 7
19. In section 7 of the Bharathidasan University Act, 1981 (hereinafter referred to as Tamil Nadu Act 2 of 1982), for the marginal heading and sub-section (1), the following shall be substituted, namely:—
“Restriction for election or nomination to Senate, Standing Committee on Academic Affairs and Syndicate in certain cases.-(1) Notwithstanding anything contained in section 20, 23 or 24, any person who has completed two terms of three years each, continuously in any one or two of the following authorities of the University, namely:—
(i) the Senate,
(ii) the Standing Committee on Academic Affairs, and
(iii) the Syndicate,
shall be eligible, after a period of three years has elapsed from the date of his ceasing to be such member, for election or nomination to any of the above mentioned authorities:
Provided that for the purpose of this sub-section, if a person was elected or nominated to one authority and such person became a member of another authority by virtue of the membership in the first mentioned authority, the period for which he held office in the first mentioned authority alone shall be taken into account.”.
Amendment of section 20
20. In section 20 of Tamil Nadu Act 2 of 1982, for (clause (b) excluding the provisos, the following shall be substituted, namely:—
“(b) Save as otherwise provided, elected and nominated members of the Senate shall hold office for a period of three years and such members shall be eligible for re-election or re-nomination;”.
Amendment of section 23
21. In section 23 of Tamil Nadu Act 2 of 1982 in sub-section (A), for clause (c) excluding the provisos, the following shall be substituted, namely:—
“(c) The members of the Standing Committee on Academic Affairs, other than the ex-officio members, shall hold office for a period of three years and such members shall be eligible for re-election;
Amendment of section 24
22. In section 24 of Tamil Nadu Act 2 of 1982, for clause (e) excluding the provisos, the following shall be substituted, namely:—
“(c) Save as otherwise provided, the members of the Syndicate, other than the ex-officio members, shall hold office for a period of three years and such information shall be eligible for re-election or re-nomination:”.
PART VIII
AMENDMENTS TO THE MOTHER TERESA WOMEN’S UNIVERSITY ACT, 1984
Amendment of section 7
23. In section 7 of the Mother Teresa Women’s University Act, 1984 (hereinafter referred to as the 1984 Act), for the marginal heading and sub-section (1), the following shall be substituted, namely:—
“Restriction for to Academic Committee and Executive Council in certain cases.—(1) Notwithstanding anything contained in sections 20 or 23, any person who has completed two terms of three years each, continuously in any one or both of the following authorities of the University, namely:—
(i) the Academic Committee, and
(ii) the Executive Council,
shall be eligible, after a period of three years has elapsed from the date of his easing to be such member, for nomination to any of the above mentioned authorities:
provided that for the purpose of this sub-section, if a person was nominated to one authority and such person became a member of another authority by virtue of the membership in the first mentioned authority, the period for which such person held office in the first mentioned authority alone shall be taken into account.”.
Amendment of section 20
24. In section 20 of the 1984 Act, for clause (c) excluding the provisos, the following shall be substituted, namely:—
“(c) Save as otherwise provided, nominated members of the Academic Committee shall hold office for a period of three years and such members shall be eligible for re-nomination:”.
Amendment of section 23
25. In section 23 of the 1984 Act, for clause (e) excluding the provisos, the following shall be substituted, namely:—
“(e) Save as otherwise provided, nominated members of the Executive Council shall hold office for a period of three years and such members shall be eligible for re-nomination:”.
PART IX
AMENDMENTS TO THE ALAGAPPA UNIVERSITY ACT, 1985
Amendment of section 8
26. In section 8 of the Alagappa University Act, 1985 (hereinafter referred to as the 1985 Act), for the marginal heading and sub-section (1), the following shall be substituted, namely:—
“Restriction for election to Senate Standing Committee on Academic Affairs and Syndicate in certain cases.—(1) Notwithstanding anything contained in section 21, 24 or 25, any person who has completed two terms of three years each, continuously in any one or two of the following authorities of the University, namely:—
(i) the Senate,
(ii) the Standing Committee on Academic Affairs, and
(iii) the Syndicate,
shall be eligible, after a period of three years has elapsed from the date of his ceasing to be such member, for election or nomination to any of the above mentioned authorities:
Provided that for the purpose of this sub-section, if a person was elected or nominated to one authority and such person became a member of another authority by virtue of the membership in the first mentioned authority, the period far which he held office in the first mentioned authority alone shall be taken into account.”.
Amendment of section 21
27. In section 21 of the 1985 Act, for clause (c) excluding the provisos, the following shall be substituted, namely:—
“(c) Save as otherwise provided, elected and nominated members of the Senate shall hold office for a period of three years and such members shall be eligible for re-election or re-nomination;”.
Amendment of section 24
28. In section 24 of the 1985 Act, in sub-section (2), for clause (d), the following clause shall be substituted, namely:—
“(d) The members of the Standing Committee on Academic Affairs, other than the ex-officio members, shall hold office for a period of three years and such members shall be eligible for re-nomination:”.
Amendment of section 25
29. In section 25 of the 1985 Act, for clause (e) excluding the provisos, the following shall be substituted, namely:—
“(e) Save as otherwise provided, the members of the Syndicate, other than the life member and the ex-officio members shall hold office for a period of three years and such members shall be eligible for re-election or re-nomination.”.
PART X
AMENDMENTS TO THE MANONMANIAM SUNDARANAR UNIVERSITY ACT, 1990
Amendment of section 6-A
30. In section 6-A of the Manonmaniam Sundaranar University Act, 1990 (hereinafter referred to as the 1990 Act), for the marginal heading and sub-section (1), the following shall be substituted, namely:-
“Restriction for election or nomination to Senate, Standing Committee on Academic Affairs and Syndicate in certain cases.—(1) Notwithstanding anything contained in section 19, 22 or 23, any person who has completed two terms of three years each, continuously in any one or two of the following authorities of the University, namely:—
(i) the Senate,
(ii) the Standing Committee on Academic Affairs, and
(iii) the Syndicate,
shall be eligible, after a period of three years has elapsed from the date of his ceasing to be such member, for election or nomination to any of the above mentioned authorities:
Provided that for the Purpose of this sub-section, if a person was elected or nominated to one authority and such person became a member of another authority by virtue of the membership in the first mentioned authority, the period for which he held office in the first mentioned authority alone shall be taken into account.”.
Amendment of section 19
31. In section 19 of the 1990 Act, for clause (b) excluding the provisos, the following shall be substituted, namely:—
“(b) Save as otherwise provided, elected and nominated members of the Senate shall hold office for a period of three years and such members shall be eligible for re-election or re-nomination:”.
Amendment of section 22
32. In section 22 of the 1990 Act, in sub-section (2), fur clause (c) excluding the provisos, the following shall be substituted, namely:—
“(c) The members of the Standing Committee on Academic Affairs, other than the ex-officio members, shall hold office for a period of three years and such member shall be eligible for re-election:”.
Amendment of section 23
33. In section 23 of the 1990 Act, for clause (e) excluding the provisos, the following shall be substituted, namely:—
“(e) Save as otherwise provided, the members of the Syndicate, other than the ex-officio members, shall hold office for a period of three years and such members shall be eligible for re-election or re-nomination:”.
(By order of the Governor)
A.K. RAJAN,
Secretary to Government,
Law Department.
The following Act of the Tamil Nadu Legislative Assembly received the assent of the President on the 14th September 2002 and is hereby published for general information:—
ACT No. 35 OF 2002
An Act further to amend the Tamil Nadu Universities Laws.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-third Year of the Republic of India as follows:—
PART-I
PRELIMINARY
Short title and commencement
1. (1) This Act may be called the Tamil Nadu Universities Laws (Amendment) Act, 2002.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
PART – II
AMENDMENTS TO THE CHENNAI UNIVERSITY ACT, 1923
Amendment of section 2
2. In section 2 of the Chennai University Act, 1923 (hereafter in this Part referred to as the 1923 Act),-
(1) in clause (aaaa), the following expression shall be added at the end, namely:-
“and includes constituent colleges;”;
(2) after clause (aaaa), the following clause shall be inserted, namely:-
“(aaaaa) “constituent college” means any college or institution specified in Schedule-III;”.
Insertion of new Chapter IX-A
3. After Chapter IX of the 1923 Act, the following Chapter shall be inserted, namely:—
“CHAPTER IX-A
TRANSFER OF CERTAIN COLLEGES, EMPLOYEES AND FUNDS
45-A. Transfer of certain colleges to University.-(1) Notwithstanding anything contained in this Act or the statutes, regulations, ordinances and orders made thereunder, on and from the date of commencement of the Tamil Nadu Universities Laws (Amendment) Act, 2002 (hereafter in this Chapter referred to as the notified date), the colleges and institutions specified in Schedule III shall be transferred to, and maintained by, the Chennai University as the constituent colleges of that University.
(2) On and from the notified date, the control and management of the constituent colleges specified in sub-section (1) and all properties, assets and liabilities of the Government in relation thereto shall stand transferred to, and vest in, the Chennai University.
45-B. Transfer of certain employees.- (1) Every person, who immediately before the notified date, is serving in the college or institution specified in Schedule III shall, as from the said date, become an employee of the University and shall cease to be an employee of the Government.
(2) Every person referred to in sub-section (1) shall hold office under the Chennai University for the same tenure at the same remuneration and up In the same rights and privileges as to pension or gratuity, if any, and other matters as he would have held the same on the notified date as if the Tamil Nadu Universities Laws (Amendment) Act, 2002 had not been passed.
(3) The liability to pay pension and gratuity to the persons referred to in sub-section (1) shall be the liability of the Chennai University.
45-C. Transfer of accumulations in Provident Fund and other like Funds.- (1) The sums at the credit of the Provident Fund Accounts of the persons referred to in sub-section (1) of section 45-B as on the notified date shall be transferred to the Chennai University and the liability in respect of the said Provident Fund Accounts shall be the liability of the Chennai University.
(2) There shall be paid to the Chennai University out of the accumulations in the superannuation fund and other like funds, if any, of the Government, such amounts as have been credited to the superannuation fund or other like funds, if any, on behalf of the persons referred to in sub-section (1) of section 45-B. The amounts so paid shall form part of the superannuation fund or other like funds, if any, that may be established by the Chennai University for the benefit of its employees.”.
Addition of new Schedule III
4. After Schedule II of the 1923 Act, the following Schedule shall be added, namely:—
“SCHEDULE III
[See section 2 (aaaaa).]
Serial Number
|
Name of the college
|
1.
|
Presidency College (Autonomous), Chennai.
|
2.
|
Government Arts College for Men, Nandanam, Chennai.
|
3.
|
Dr. Ambedkar Government Arts College, Vyasarpadi, Chennai.
|
4.
|
Queen Mary’s College (Autonomous), Chennai.
|
5.
|
Bharathi Women’s College (Autonomous), Chennai.
|
6.
|
Quaid-e-Millet Government College for Women, Anna Salai, Chennai.
|
7.
|
Institute of Advanced Study in Education, Saidapet, Chennai.
|
8.
|
Lady Willingdon Institute of Advanced Studies in Education, Chennai.
|
9.
|
Rajeswari Vedhachalam Government Arts College, Chengalpattu.
|
10.
|
Loganatha Narayanasamy Government Arts College, Ponneri.
|
11.
|
Sri Subranlaniasamy Government Arts College, Tiruttani.”.
|
PART - III
AMENDMENTS TO THE MADURAI-KAMARAJ UNIVERSITY ACT, 1965
Amendment of section 1
5. In section 1 of the Madurai-Kamaraj University Act, 1963 (hereafter in this Part referred to as the 1965 Act), in sub-section (31, for the expression “It applies to all colleges and institutions”, the expression “It applies to all constituent colleges, and institutions” shall be substituted.
Amendment of section 2
6. In section 2 of the 1965 Act,
(1) in clause (c), the following expression shall be added at the end, namely:—
“and includes constituent colleges;”;
(2) after clause (c), the following clause shall be inserted, namely:—
“(cc) “constituent college” means Government Arts College, Melur and Sri Meenakshi Government Arts College for Women, Madurai;”.
Insertion of new Chapter VIII-A
7. After Chapter VIII of the 1965 Act, the following Chapter shall be inserted, namely:—
“CHAPTER VIII-A
TRANSFER OF CERTAIN COLLEGES, EMPLOYEES AND FUNDS
40-A. Transfer of certain colleges to University.--(l) Notwithstanding anything contained in this Act or the statutes, regulations, ordinances and orders made thereunder, on and from the date of commencement of the Tamil Nadu Universities Laws (Amendment) Act, 2002 (hereafter in this Chapter referred to as the notified date), the colleges specified in clause (cc) of section 2 shall be transferred to and maintained by the Madurai-Kamaraj University as the constituent colleges of that University.
(2) On and from the notified date, the control and management of the constituent colleges specified in sub-section (I) and all properties, assets and liabilities of the Government in relation thereto shall stand transferred to, and vest in, the Madurai-Kamaraj University.
40-B. Transfer of certain employees.-(1) Every person, who immediately before the notified date, is serving in the college specified in clause (cc) of section 2 shall, as from the said date, become an employee of the university and shall cease to be an employee of the Government.
(2) Every person referred to in sub-section (1) shall hold office under the Madurai-Kamaraj University for the same tenure at the same remuneration and upon the same rights and privileges as to pension or gratuity, if any, and other matters as he would have held the same on the notified date as of the Tamil Nadu Universities Laws (Amendment) Act, 2002 had not been passed.
(3) The liability to pay pension and gratuity to the persons referred to in sub-section (1) shall be the liability of the Madurai-Kamaraj University.
40-C. Transfer of accumulations in Provident Fund and other like Funds.—(1) The sums at the credit of the Provident Fund Accounts of the persons referred to in sub-section (1) of section 40.8 as on the notified date shall be transferred to the Madurai-Kamaraj University and the liability in respect of the said Provident Fund Accounts shall be the liability of the Madurai-Kamaraj University.
(2) There shall be paid to the Madurai-Kamaraj University out of the accumulations in the superannuation fund and other like funds, if any, of the Government, such amounts as have been credited to the superannuation fund or other like funds, if any, on behalf of the persons referred to in sub-section (1) of section 40-B. The amounts so paid shall form part of the superannuation fund or other like funds, if any, that may be established by the Madurai-Kamaraj University for the benefit of its employees.”.
PART-IV
AMENDMENTS TO THE BHARATHIAR UNIVERSITY ACT, 1981
Amendment of section 1
8. In section 1 of the Bharathiar University Act, 198 1 (hereafter in this Part referred to as Tamil Nadu Act 1 of 1982), in sub-section (3), for the expression “It applies to all colleges and institution”, the expression ‘It applies to all constituent colleges, colleges and institutions” shall be substituted.
Amendment of section 2
9. In section 2 of Tamil Nadu Act 1 of 1982,—
(1) in clause (d), the following expression shall be added at the end, namely:—
“and includes constituent colleges;”;
(2) after clause (d), the following clause shall be inserted, namely:—
“(dd) “constituent college” means any college specified in the Schedule;”.
Insertion of new Chapter IX-A
10. After Chapter IX of Tamil Nadu Act 1 of 1982, the following Chapter shall be inserted, namely:—
“CHAPTER IX-A
TRANSFER OF CERTAIN COLLEGES, EMPLOYEES AND FUNDS
46-A. Transfer of certain colleges to University.—(1) Notwithstanding anything contained in this Act or the statutes, regulations, ordinances and orders made thereunder, on and from the date of commencement of the Tamil Nadu Universities Laws (Amendment) Act, 2002 (hereafter in this Chapter referred to as the notified date), the colleges specified in the Schedule shall be transferred to and maintained by the Bharathiar University as the constituent colleges of that University.
(2) On and from the notified date, the control and management of the constituent colleges specified in sub-section (1) and all properties, assets and liabilities of the Government in relation thereto shall stand, transferred to, and vest in, the Bharathiar University.
46-B. Transfer of certain employees.-(1) Every person, who immediately before the notified date, is serving in the colleges specified in the Schedule shall, as from the said date, become an employee of the University and shall cease to be an employee of the Government.
(2) Every person referred to in sub-section (1) shall hold office under the Bharathiar University for the same tenure at the same remuneration and upon the same rights and privileges as to pension or gratuity, if any, and other matters as he would have held the same on the notified date as if the Tamil Nadu Universities Laws (Amendment) Act, 2002 had not been passed.
(3) The liability to pay pension and gratuity to the persons referred to in sub-section (1) shall be the liability of the Bharathiar University.
46-C. Transfer of accumulations in Provident Fund and other like Funds.-(1) The sums at the credit of the Provident Fund Accounts of the persons referred to in sub-section (1) of section 46-B as on the notified date shall be transferred to the Bharathiar University and the liability in respect of the said Provident Fund Accounts shall be the liability of the Bharathiar University.
(2) There shall be paid to the Bharathiar University out of the accumulations in the superannuation fund and other like funds, if any, of the Government, such amounts as have been credited to the superannuation fund or other like funds, if any, on behalf of the persons referred to in sub-section (1) of section 464. The amounts so paid shall form part of the superannuation fund or other like funds, if any, that may be established by the Bharathiar University for the benefit of its employees.”.
Addition of new Schedule
11. After section 65 of Tamil Nadu Act 1 of 1982, the following Schedule shall be added, namely:—
“THE SCHEDULE
[See section 2 (dd)]
Serial number
|
Name of the college.
|
1.
|
Government Arts College (Autonomous), Coimbatore.
|
2.
|
Government College of Education, Coimbatore.
|
3.
|
L.R. Govindarajulu Government Arts College for Women, Tiruppur.
|
4.
|
Chickanna Government Arts College, Tiluppur.
|
5.
|
Government Arts College, Udumalpet.
|
6.
|
Government Arts College, Udhagamandalam.”.
|
PART - V
AMENDMENTS OF THE BHARATHIDASAN UNIVERSITY ACT, 1981
Amendment of section 1
12. In section 1 of the Bharathidasan University Act, 1981 (hereafter in this Part referred to as Tamil Nadu Act 2 of 1982), in sub-section (3), for the expression “It applies to all colleges and institution”, the expression “It applies to all constituent colleges, colleges and institutions” shall be substituted.
Amendment of section 2
13. In section 2 of Tamil Nadu Act 2 of 1982,—
(1) in clause (d), the following expression shall be added at the end, namely:—
“and includes constituent colleges;”:
(2) after clause (d), the following clause shall be inserted, namely:—
“(dd) “constituent colleges” means any college specified in the schedule;”
Insertion of new Chapter IX-A
14. After Chapter IX of Tamil Nadu Act 2 of 1982, the following Chapter shall be inserted, namely:—
“CHAPTER IX-A
TRANSFER OF CERTAIN COLLEGES, EMPLOYEES AND FUNDS
46-A. Transfer of certain colleges to University.—(1) Notwithstanding anything contained in this Act or the statutes, regulations, ordinances and orders made thereunder, on and from the date of commencement of the Tamil Nadu Universities Laws (Amendment) Act, 2002 (hereafter in this Chapter referred to as the notified date), the colleges specified in the Schedule shall be transferred to, and maintained by, the Bharathidasan University as the constituent colleges of that University.
(2) On and from the notified date, the control and management of the constituent colleges specified in sub-section (1) and all properties, assets and liabilities of the Government in relation thereto shall stand transferred to, and vest in, the Bharathidasan University.
46-B. Transfer of certain employees.-(1) Every person, who immediately before the notified date, is serving in the college specified in the Schedule shall, as from the said date, become an employee of the University and shall cease to be an employee of the Government.
(2) Every person referred to in sub-section (1) shall hold office under the Bharathidasan University for the same tenure at the same remuneration and upon the same rights and privileges as to pension or gratuity, if any, and other matters as he would have held the same on the notified date as if the Tamil Nadu Universities Laws (Amendment) Act, 2002 had not been passed.
(3) The liability to pay pension and gratuity to the persons referred to in sub-section (1) shall be the liability of the Bharathidasan University.
46-C. Transfer of accumulations in provident Fund and other like Funds.-(I) The sums at the credit of the Provident Fund Accounts of the persons referred to in sub-section (1) of section 46-B as on the notified date shall be transferred to the Bharathidasan University and the liability in respect of the said Provident Fund Accounts shall be the liability of the Bharathidasan University.
(2) There shall be paid to the Bharathidasan University out of the accumulations in the superannuation fund and other like funds, if any, of the Government, such amounts as have been credited to the superannuation fund or other like funds, if any, on behalf of the persons referred to in sub-section (1) of section 46-B. The amounts so paid shall form part of the superannuation fund or other like funds, if any, that may be established by the Bharathidasan University for the benefit of its employees.”.
Addition of new Schedule
15. After section 65 of Tamil Nadu Act 2 of 1982, the following Schedule shall be added, namely:-
“THE SCHEDULE
[See section 2 (dd)]
Serial number
|
Name of the college.
|
1.
|
Periyar EVR College, Tiruchirappalli.
|
2.
|
Government Arts College, Tinrvarampur, Tiruchirappalli.
|
3.
|
Arignar Anna Government Arts college, Musiri.
|
4.
|
Raja Serfoji Government Arts College, Thanjavur.
|
5.
|
Kunthavai Nachiar Government Arts college for Women, Thanjavur.
|
6.
|
Government Arts College for Men, Kumbakonam.
|
7.
|
Government Arts College &r Women, Kumbakonam.
|
8.
|
Government College of Education, Orathanadu.
|
9.
|
Dharmapuram Gnanambigai Government Arts College for Women, Mayiladuthurai.
|
10.
|
Thiru. Vi.Ka. Government Arts College, Tiruvarur.
|
11.
|
Mannai Raja Gopala Swamy Government Arts College, Mannargudi.
|
12.
|
Government Arts College, Karur.
|
13.
|
Government Arts College, Ariyalur.
|
14.
|
The His Highness Rajah’s College, Pudukottai.
|
15.
|
Government Arts College for Women, Pudukottai.
|
16.
|
Government College of Education, Pudukottai.”.
|
PART - VI
AMENDMENTS TO THE ALAGAPPA UNIVERSITY ACT, 1985
Insertion of new section 1-A
16. After section 1 of the Alagappa University Act, 1985 (hereafter in this Part referred to as the 1985 Act), the following section shall be inserted, namely:—
“1-A. Application of this Act.—This Act applies to—
(a) all constituent colleges;
(b) all colleges deemed to be affiliated to, or approved by, the University under this Act;
(c) all colleges situate within the University area and affiliated to, or approved by, the University in accordance with the provisions of this Act or the statutes made thereunder.”.
Amendment of section 2
17. In section 2 of the 1985 Act,—
(1) for clauses (a) and (b), the following clauses shall be substituted, namely:—
“(a) “affiliated college” means any college or institution situate within the University area and affiliated to the University and providing courses of study for admission to the examination for degrees of the University and includes a college deemed to be affiliated to the University under this Act;
(ab) “approved college” means any college situate within the University area and approved by the University and providing courses of study for admission to the examinations for titles and diplomas of the University and includes a college deemed to be approved to the University under this Act;
(ac) “autonomous college” means any college designated as an autonomous college by statutes;
(ad) “college” means any college or institution, maintained or approved by, or affiliated to, the University and providing courses of study for admission to the examination of the University and includes a constituent college;
(b) “constituent college” means any college or institution specified in the Schedule I and II;”.
(2) after clause (h), the following clause shall be inserted, namely:—
“(ha) “registered graduate” means e graduate registered under this Act;”.
Amendment or section 3
18. In section 3 of the 1985 Act, for sub-sections (3) and (4), the following sub-sections shall be substituted, namely:—
“(3) The University shall be of the affiliating type.
(4) The jurisdiction of the University shall extend to the whole area comprising the districts of Sivaganga and Ramanathapuram in the State of Tamil Nadu.
(5) The headquarters of the University shall be located in the Alagappa Nagar in Sankarapuram Panchayat in Karaikudi Taluk.”.
Omission of section 4
19. Section 4 of the 1985 Act shall be omitted.
Amendment of section 5-A
20. In section 5-A of the 1985 Act,—
(1) In clause (2), in sub-clause (a), after the expression “laboratory”, the expression “or in an affiliated college or approved college” shall be inserted;”.
(2) After clause (2), the following clause shall be inserted, namely:—
“(2-a) to hold examinations and to confer degrees, titles, diplomas and other academic distinctions on persons who shall have pursued an approved course of study by correspondence, whether residing within the University area or not and to provide such lectures and instructions for persons not being residents within the University area under conditions prescribed;
(2-b) to affiliate colleges to the University under conditions prescribed and to withdraw such affiliation:
Provided that no college shall be affiliated to the University unless the permission of the Government to establish such college has been obtained and terms and conditions, if any, of such permission have been complied with;
(2-c) to approve colleges providing courses of study for admission to the examinations for titles and diplomas of the University under conditions prescribed and to withdraw such approval:
Provided that no college shall be approved by the University unless the permission of the Government to establish such college has been obtained and the terms and conditions, if any, of such permission have been complied with;
(2-d) to designate any college as an autonomous college with the prior concurrence of the Government under conditions prescribed and to cancel such designation;”.
Substitution of section 6
1. For section 6 of the 1985 Act, the following section shall be substituted, namely:—
“6. College not to be affiliated to any other University and recognition of institution by University.—
(1) No college within the University area shall be affiliated to any University other than the Alagappa University.
(2) No institution affiliated to, or associated with, or maintained by any other University in the State of Tamil Nadu shall be recognized by the University for any purpose except with the prior approval of the Government and the University concerned.”.
Amendment of section 9
22. In section 9 of the 1985 Act, in sub-section (1), for the expression beginning with the words “The Chancellor shall have the right”, and ending with the words “connected with the University”, the following expression shall be substituted, namely:—
“The Chancellor shall have the right to cause an inspection or inquiry to be made, by such person or persons as he may dire@, of the University, its buildings, laboratories, libraries, museums, workshops and equipment and of any college maintained or approved by, or affiliated to, the University and also of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in respect of any matter connected with the University.”.
Amendment of section 21
23. In section 2 1 of the 1985 Act, in clause (a),-
(1) under the heading “Class I - Ex-Officio Members”, for item (9), the following items shall be substituted, namely:-
“(9) Heads of University Departments of Study and Research;
(9-A) Principals of all colleges;
(9-B) The Librarian of the University Library;
(9-C) The Director of Physical Education of the University; and”;
(2) under the heading “Class II - Other Members”, after item (1), the following items shall be inserted, namely:-
“(1-A) One member elected by teachers of each college from among themselves;
(1-B) One member elected From among themselves by the Secretaries of the college committees of the private colleges, as defined in the Tamil Nadu Private Colleges (Regulation) Act. 1976 (President’s Act 19 of 1976) within the University area;
(1-C) One member elected by Headmasters of Higher Secondary Schools in each revenue district within the University area;
(I-D) One member elected by registered graduates in each revenue district within the University area from among themselves;
Amendment of section 24
24. In section 24 of the 1985 Act, in sub-section (2), in clause (a), under the heading “Class II - Other Members”, for the expression “Two members nominated by the Vice-Chancellor according to seniority from among the Readers in the University, the following shall be substituted, namely:-
“(1) Two members elected by Principals of colleges from among themselves in accordance with the system of proportional representation by means of the single transferable vote.
(2) Two members nominated by the Vice-Chancellor according to seniority from among the Readers in the University.”
Amendment of section 25
25. In section 25 of the 1985 Act,-
(1) in clause (b),-
(a) under the heading “Class 11—Ex-Officio Members”, matter item (2), the following item shall be inserted namely:-
“(2-A) The Secretary to Government in-charge of Law;”;
(b) under the heading “Class I Il-Other Members”, after item( I), the following items shall be inserted, namely:-
“(I-A)Two members elected by Principals of colleges from among themselves In accordance with the system of proportional representation by means of the single transferable vote;
(1-B) Two members elected by teachers of colleges, other than principals, from themselves who are members of the Senate, in accordance with the system of proportional represent on by means of the single transferable vote.
Explanation.-For the purpose of this item “teachers” shall mean those teachers elected to the Senate by the teachers of the colleges from among themselves.”.
(2) in clause (d), in sub-clause (i), for the expression “Health and Family Welfare” the expression “Health and Family Welfare, or the Secretary to Government in-charge of Law shall be-substituted.”
Amendment of section 26
26. In section 26 of the 1985 Act, in clause (a),-
(1) after sub-clause (5), the following sub-clauses shall be inserted, namely:-
“(5-A) to prescribe the conditions for approving colleges and to withdraw such approval;
(5-B) to prescribe the conditions for affiliating colleges to the University and to withdraw affiliation from colleges;
(5-C) to prescribe the manner in which, and the conditions subject to which, a college may be designated as an autonomous college and such designation may be cancelled;
(5-D) to affiliate or approve colleges within the University area and to recognize colleges as approved colleges;
(5-E) to designate any college as an autonomous college and to cancel such designation with the concurrence of the Government;”.
(2) in sub-clause (7), after the expression “University colleges”, the expression “or an affiliated college or approved college” shall be inserted;
(3) in sub-clause (9), after the expression “laboratory”, the expression “or an affiliated college or approved college” shall be inserted;
(4) in sub-clauses (28) and (29), for the expression “University colleges”, the expression “University colleges, affiliated colleges and approved colleges” shall be substituted;
(5) in sub-clause (37), for the expression “University colleges”, the expression “University colleges, affiliated colleges and approved colleges” shall be inserted.
Amendment of section 34
27. In section 34 of the 1985 Act, after clause (xv), the following clauses shall be inserted, namely:-
“(xv-a) the conditions of registration of graduates and the maintenance of register thereof;
(xv-b) the conditions of recognition of approved colleges and of affiliation to the University of affiliated colleges;
(xv-c) the manner in which, and the conditions subject to which, a college may be designated as an autonomous college or the designation of such college may be cancelled and the matters incidental to the administration of autonomous colleges including the constitution or reconstitution, powers and duties of Standing Committee on Academic Affairs, Staff council, Boards of Studies and Boards of Examiners;”.
Amendment of section 36
28. In section 36 of the 1985 Act,-
(1) in clause (i), after the expression “the University”, the expression “and its affiliated colleges or approved colleges” shall be substituted;
(2) in clause (xi), the word “and” at the end, shall be omitted;
(3) after clause (xi), the following clause shall be inserted, namely:-
(xi-a) the conditions subject to which persons who may hereafter, be permanently employed may be recognized as qualified to give instruction in affiliated colleges and approved colleges and hostels; and”.
Amendment of section 39
29. In section 39 of the 1985 Act, in sub-section (2), after the expression “university college”, the expression “or an affiliated college or approved college” shall be inserted.
Amendment of section 40
30. In section 40 of the 1985 Act, after the expression “University college”, the expression “or an affiliated college or approved college” shall be inserted.
Insertion of Chapter X-A
31. After Chapter X of the 1985 Act, the following Chapter shall be added, namely:-
“CHAPTER X-A
TRANSFER OF CERTAIN OTHER COLLEGES, EMPLOYEES AND FUNDS
52-A. Tamil Nadu Act 33 of 1965 not to apply.—(1) Subject to the provisions of sub-sections (2) to (6), the Madurai-Kamaraj University Act, 1965 (Tamil Nadu Act 33 of 1965) (hereafter in this section referred to as the University Act) shall, with effect on and from the date of the commencement of the Tamil Nadu Universities Laws (Amendment) Act, 2002 (hereafter in this Chapter referred to as the notified date), cease to apply in respect of every college to which this Act applies.
(2) Such cessor shall not affect—
(a) the previous operation of the University Act in respect of the colleges referred to in sub-section (1);
(b) any penalty, forfeiture or punishment incurred in respect of any offence committed against the University Act; or
(c) any investigation, legal proceedings or remedy in respect of such penalty, forfeiture or punishment and any such investigation, legal proceedings or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the Tamil Nadu Universities Laws (Amendment)Act, 2002 had not been passed.
(3) Notwithstanding anything contained in sub-section (1), all statutes, ordinances and regulations made under the University Act and in force on the notified date shall, in so far as they are not inconsistent with the provisions of this Act, continue to be in force in respect of the colleges and institutions referred to in the said sub-section (I), until they are replaced by statutes, ordinances and regulations made under this Act.
(4) Notwithstanding anything contained in this Act, the statutes, ordinances and regulations continued in force under sub-section (3) or made under this Act, every person who immediately before the notified date was a student of a college within the University areas affiliated to, or approved by, the Madurai-Kamaraj University was eligible to appear for any of the examinations of the Madurai-Kamaraj University shall be permitted to complete his course of study in the Alagappa University and the Alagappa University shall make arrangements for the instruction, teaching and training for such students for such period and in such manner as may be determined by the Alagappa University; in accordance with the course of study in the Madurai-Kamaraj University and such student shall during such period be admitted to the examinations held or conducted by the Madurai-Kamaraj University and the corresponding degree, diploma or other academic distinctions of the Madurai-Kamaraj University shall be conferred upon the qualified students on the result of such examinations by the Madurai-Kamaraj University.
(5) All colleges within the University area which immediately before the notified date,-
(a) continue to be affiliated to, or approved by or recognized by, the Madurai- Kamaraj University; and
(b) provide courses of study for admission to the examination for degrees and diplomas of the Madurai-Kamaraj University,
shall be deemed to be colleges affiliated to, or approved by the Alagappa University under this Act and the provisions of this Act shall, as far as may be, apply accordingly.
(6) Subject to the provisions of sub-section (2) but without prejudice to the provisions of sub-sections (3) to (S), anything done or any action taken before the notified date under any provisions of the University Act in respect of any area to which the provisions of this Act apply shall be deemed to have been done or taken under the corresponding provision of this Act shall continue to have effect accordingly unless and until superseded by anything done or any action taken under the corresponding a provisions of this Act.
52-B. Transfer of certain colleges to University.—(1) Notwithstanding anything contained k the Madurai-Kamaraj University Act, 1965 (Tamil Nadu Act 33 of 1965) of the statutes, regulations, ordinances and orders made thereunder, on and from the notified date, the colleges specified in the Schedule II shall be transferred to and maintained by the Alagappa University as the constituent colleges of that University.
(2) On and from the notified date, the control and management of the constituent colleges specified in sub-section (1) and all properties, assets and liabilities of the Government in relation thereto shall stand transferred to, and vest in, the Alagappa University.
52-C. Transfer of certain employees.—(1) Every person, who immediately before the notified date, is serving in the colleges specified in the Schedule II shall, as from the said date, become an employee of the University and shall cease to be an employee of the Government.
(2) (a) As soon as may be, after the notified date, the Government may, after consulting the Vice-Chancellors of the Alagappa University and the Madurai-Kamaraj University direct, by general or special order, that such of the employees of the Madurai-Kamaraj University as are specified in such order shall stand allotted to serve in connection with the affairs of the Alagappa University with effect on and from such date as may be specified in such order:
Provided that no such order shall be issued in respect of any such employee without his consent for such allotment.
(b) With effect on and from the date specified in the order under clause (a), the persons specified in such order shall become employees of the Alagappa University and shall cease to be employees of the Madurai-Kamaraj University.
(3) Every person referred to in sub-sections (1) and (2) shall hold office under the Alagappa University for the same tenure at the same remuneration and upon the same rights and privileges as to pension or gratuity, if any, and other matters as he would have held the same on the notified date or the date specified in the order under clause (a) of sub-section (2), as the case may be, as if the Tamil Nadu Universities Laws (Amendment) Act, 2002 had not been passed.
(4) The liability to pay pension and gratuity to the persons referred to in sub-sections (I) and (2) shall be the liability of the Alagappa University.
52-D. Transfer of accumulations in Provident Fund and other like Funds.—(1) The sums at the credit of the Provident Fund amounts of the persons referred to in sub-section (1) of section 52-C as on the notified date and of the persons referred to in subsection (2) of that section as on the date specified in the order under clause (a) of the said sub-section (2) shall be transferred to the Alagappa University and the liability in respect of the said Provident Fund Accounts shall be the liability of the Alagappa University.
(2) There shall be paid To the Alagappa University out of the accumulations in the superannuation fund and other like funds, if any, of the Madurai-Kamaraj University or, of the Government, such amounts as have been credited to the superannuation fund or other like funds, if any, on behalf of the person referred to in sub-sections (1) and (2) of section 52-C. The amounts so paid shall form part of the superannuation fund or other like funds, if any, that may be established by the Alagappa University for the benefit of its employees.
52-E. Payment of certain moneys to the Alagappa University.—(1) The Madurai-Kamaraj University shall out of its funds as on the notified date, pay to the Alagappa University such amount as the Government may, in consultation with the Madurai-Kamaraj University specify.
(2) The amount payable under sub-section (I) shall be in addition to the amounts transferred under section 52-D.”.
Insertion of new sections 58-A and 58-B
32. After section 58 of the 1914 Act, the following sections shall be inserted, namely:-
“58-A. Registration of graduates.—(1) On and after the date of the commencement of the Tamil Nadu Universities Laws (Amendment) Act, 2002, every person ordinarily resident within he University area, who—
(i) bas been for at least three years a graduate of any University in the territory or India; or
(ii) is a registered graduate of any University in the territory of India, shall be entitled to have his name entered in the register of graduates maintained under this Act for a period of five years on payment of such fee and subject to such conditions as may be prescribed by the statutes.
(2) All applications for registration under sub-section (1) shall be sent to the Registrar together with the prescribed fee ad such proof of qualifications as may be prescribed by the statutes.
(3) The Registrar shall, on receipt of an application made under sub-section (2) and after making such enquiry as he deems fit, enter in the register of graduates the name of the applicant.
(4) Every person whose name has been entered in the register of graduates under sub-section (3) shall be entitled to have such entry renewed every five years on application made in that behalf to the Registrar within such time, in such manner and on payment of such fee as may be prescribed by the statutes.
58-B. Report on colleges.—The Syndicate shall, at the end of every three years from the date of commencement of the Tamil Nadu Universities Laws (Amendment) Act, 2002, submit a report to the Government on the condition of constituent, affiliated and approved colleges within the University area. The Government shall take such action on it as they deem fit.”.
Substitution of Schedule
33. For the Schedule to the 1985 Act, the following Schedules shall be substituted, namely:—
“SCHEDULE-I
[See section 2 (b)]
Serial Number
|
Name of the college
|
1.
|
Dr. Alagappa Chettiar Teachers Training College, Karaikudi.
|
2.
|
The Alagappa College of physical Education, Karaikudi.
|
3.
|
The following Post-graduate departments in the Alagappa College, Karaikudi, namely:-
(i) Tamil
(ii) mathematics;
(iii) Physics; and
(iv) Commerce
|
SCHEDULE-II
[See section 2 (b)]
Serial Number
|
Name of the college
|
1.
|
Sethupathi Government Arts College, Ramanathapuram.
|
2.
|
Government Arts College for Women, Ramanathapuram.
|
3.
|
Government Arts College, Paramakudi.
|
4.
|
Raja Dorai Singam Government Arts College, Sivaganaga
|
5.
|
Government Arts College for Women, Sivaganga.
|
6.
|
V.S. Sivalingam Government Arts College, Pulankurichi.
|
7.
|
Alagappa Government Arts College, Karaikudi.”.
|
PART-VII
AMENDMENTS TO THE MANONMANIAM SUNDARANAR UNIVERSITY ACT, 1990
Amendment of section 1
34. In section 1 of the Manonmaniam Sundaranar University Act, 1990 (hereafter in this Part referred to as the 1990 Act), in sub-section (3), for the expression “It applies to all colleges and institution”, the expression “It applies to all constituent colleges, colleges and institutions” shall be substituted.
Amendment of section 2
35. In section 2 of 1990 Act,—
(1) in clause (d), the following expression shall be added at the end, namely:—
“and includes a constituent college;”;
(2) after clause (d), the following clause shall be inserted, namely:—
“(dd) constituent college” means Rani Anna Government Arts College for Women, Tirunelveli;”.
Insertion of new Chapter IX-A
36. After Chapter IX of the 1990 Act, the following Chapter shall be inserted, namely:—
“CHAPTER IX-A
TRANSFER OF COLLEGE, EMPLOYEES AND FUNDS
46-A. Transfer of college to University.-(1) Notwithstanding anything contained in this Act or the statutes, regulations, ordinance and orders made thereunder, on and from the date of commencement of the Tamil Nadu Universities Laws (Amendment) Act, 2002 (hereafter in this Chapter referred to as the notified date), the college specified in clause (dd) of section 2 shall be transferred to, and maintained by the Manonmaniam Sundaranar University as the constituent college of that University.
(2) On and from the notified date, the control and management of the constituent college specified in sub-section (I) and all properties, assets and liabilities of the Government in relation thereto shall stand transferred to, and vest in, the Manonmaniam Sundaranar University.
46-B. Transfer of employees.-(1) Every person, who immediately before the notified date, is serving in the college specified in clause (dd) of section 2 shall, as from the said date, become an employee of the University and shall cease to be an employee of the Government.
(2) Every person referred to in sub-section (1) shall hold office under the Manonmaniam Sundaranar University for the same tenure at the same remuneration and upon the same rights and privileges as to pension or gratuity, if any, and other matters as he would have held the same on the notified date as if the Tamil Nadu Universities Laws (Amendment) Act, 2002 had not been passed.
(3) The liability to pay pension and to the persons referred to in sub-section (1) shall be the liability of the Manonmaniam Sundaranar University.
46-C. Transfer of accumulations in Provident Fund and other like Funds.—(1) The sums at the credit of the Provident Fund Accounts of the persons referred to in sub-section (1) of section 46-B as on the notified date shall be transferred to the, Manonmaniam Sundaranar University and the liability in respect of the said Provident Fund Accounts shall be the liability of the Manonmaniam Sundaranar University.
(2) There shall be paid to the Manonmaniam Sundaranar University out of accumulations in the superannuation fund and other like funds, if any, of the Government, such amounts as have been credited to the superannuation f und or other like funds, if any, on behalf of the persons referred to in sub-section (1) of section 46-B. The amounts so paid shall form part of the superannuation fund or other like funds, if any, that may be accumulations in the superannuation fund or other like funds, if any, that may be established by the Manonmaniam Sundaranar University for the benefit of its employees.”.
PART-VIII
AMENDMENTS TO THE PERIYAR UNIVERSITY ACT, 1997
Amendment of section 1
37. In section 1 of the Periyar University Act, 1997 (hereafter in this Part referred to as the 1997 Act), in sub-section (3), for the expression “It applies to all colleges and institution”, the expression “It applies to all constituent colleges, colleges and institutions” shall be substituted.
Amendment of section 2
38. In section 2 of the 1997 Act,-
(1) in clause (d), the following expression shall be added at the end, namely:—
“and includes constituent, colleges;”;
(2) after clause (d), the following clause shall be inserted, namely:-
“(dd) “constituent college” means any college specified in the Schedule;”.
Insertion of new Chapter IX
39. After Chapter IX of the 1997 Act, the following Chapter shall be inserted, namely:-
“CHAPTER IX-A
TRANSFER OF CERTAIN COLLEGES, EMPLOYEES AND FUNDS
47-A. Transfer of certain colleges to University.—(1) Notwithstanding anything contained in this Act or the statutes, regulations, ordinances and orders made thereunder, on and from the date of commencement of the Tamil Nadu Universities Laws (Amendment) Act, 2002 (hereafter in this Chapter referred to as the notified date), the colleges specified in the Schedule shall be transferred to, and maintained by, the Periyar University as the constituent colleges of that University.
(2) On and from the notified date, the control and management of the constituent colleges specified in sub-section (1) and all properties, assets and liabilities of the Government in relation thereto shall stand transferred to and vest in, the Periyar University.
47-B. Transfer of certain employees.-(1) Every person, who immediately before the notified date, is serving in the college specified in the Schedule shall, as from the said date, become an employee of the University and shall cease to be an employee of the Government.
(2) Every person referred to in sub-section (1) shall hold office under the Periyar University for the same tenure at the same remuneration and upon the same rights and privileges as to pension or gratuity, if any, and other matters as he would have held the same on the notified date as if the Tamil Nadu Universities Laws (Amendment) Act, 2002 had not been passed.
(3) The liability to pay pension d gratuity to the persons referred to in sub-section (1) shall be the liability of the Periyar University.
47-C. Transfer of accumulations in Provident Fund and other like Funds.—(1) The sums at the credit of the Provident Fund Accounts of the persons referred to in sub-section (1) of section 43-B as on the notified date shall be transferred to the Periyar University and the liability in respect of the said Provident Fund Account shall be the liability of the Periyar University.
(2) There shall be paid to the Periyar University out of the accumulations in the superannuation fund and other like funds, if any, of the Government, such amounts as have been credited to the superannuation fund or other like funds, if any, on behalf of the persons referred to in sub-section (1) of section 47-B. The amounts so paid stall form part of the superannuation fund or other like funds, if any, that may be established by the Periyar University for the benefit of its employees.”.
Addition of new Schedule
40. After section 65 of the 1997 Act, the following Schedule shall be added, namely:-
“THE SCHEDULE
[See section 2 (dd)]
Serial Number
|
Name of the college
|
1.
|
Government Arts College for Men, Salem.
|
2.
|
Government Arts College for Women, Salem.
|
3.
|
Arignar Anna Government Arts College, Athur.
|
4.
|
Government Arts College for Men, Namakkal.
|
5.
|
Namakkal Kavingnar Ramalingam Government Arts College for Women, Namakkal.
|
6.
|
Thiruvalluvar Government Arts College, Rasipuram.
|
7.
|
Government College of Education, Kumarapalayam.
|
8.
|
Government Arts College, Dharmapuri.
|
9.
|
Government Arts College for Men, krishnagiri.
|
10.
|
Government Arts College for Women, Krishnagi.
|
11.
|
Government Arts and Science College for Women, Burgur.”
|
(By Order of the Governor)
A. KRISHNAMURTHY NAIR,
Secretary to Government,
Law Department.
PART IV-SECTION 2
Tamil Nadu Acts and Ordinances
The following Act of the Tamil Nadu Legislative Assembly received the assent of the President on the 2nd June 2003 and is hereby published for general information:—
ACT No. 24 OF 2003
An Act further to amend the Chennai University Act, 1923
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-third Year of the Republic of India as follows:-
Short title and commencement
1. (1) This Act may be called the Chennai University (Amendment) Act, 2002.
(2) It shall be deemed to have come into force on the 16th day of October 2002.
Amendment of Chapter IX-A
2. In Chapter IX-A of the Chennai University Act, 1923 (hereinafter referred to as the principal Act), in the heading, the expression “Employees and Funds” shall be omitted.
Amendment of section 45-A
3. In section 45-A of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:-
“(2) On and from the notified date, the control and management of the constituent colleges shall stand transferred to the University. The State Government may, at any time after the notified date, by order, transfer the properties of such constituent colleges to the University for its use, on such terms and conditions as may be specified id the order.”.
4. For sections 45-B and 45-C of the principal Act, the following section shall be substituted, namely:—
“45-B. Employees of constituent colleges to be employees of State Government.—(1) Notwithstanding anything contained in section 45-A,—
(a) every person, who immediately before the notified date was serving in connection with the affairs of a constituent college shall continue to be an employee of the State Government and the rules and orders governing such employee immediately before the notified date in respect of the following matters shall continue to be applicable to him:—
(i) Disciplinary matters, estimate of vacancy, preparation of panel for promotion and promotion to different posts including posts of Joint Director of Collegiate Education and Director of Collegiate Education:
(ii) Pay, drawal of pay and allowances and pay drawing officers;
(iii) Age of retirement, terminal benefits including pension and General Provident Fund;
(iv) Financing, budgeting and enforcing financial discipline;
(b) rules and orders in force immediately before the notified date relating to the tuition fees, admission of students including communal reservation, schemes of scholarship to the students belonging to Backward Classes, Most Backward Classes, Scheduled Castes and Scheduled Tribes and higher education to women students shall continue to be applicable in respect of constituent colleges.
(2) Subject to the provisions of sub-section (1), the University may, with the prior approval of the State Government, make statues providing for administrative and academic control over the persons referred to in sub-section (1).”.
5. Any action done or taken by any officer or authority of the Chennai University, in respect of the employees of the constituent colleges, under the principal Act as amended by the Tamil Nadu Universities Laws (Amendment) Act, 2002, during the period commencing on the 16th day of October 2002 ‘and ending with the date of publication of the Chennai University (Amendment) Act, 2002 in the Tamil Nadu Government Gazette shall, for all purposes, be deemed to be, and to have always been, validly done or taken by the appropriate authority in accordance with the rules and orders governing such employees immediately before the 16th day of October 2002, as if the principal Act had not been amended by the Tamil Nadu Universities Laws (Amendment) Act, 2002 and further action in such matters may be continued by such appropriate authority.
(By order of the Governor)
A. KRISHNANKUTTY NAIR,
Secretary to Government,
Law Department.
PART IV-SECTION 2
Tamil Nadu Acts and Ordinances
The following Act of the Tamil Nadu Legislative Assembly received the assent of the President on the 8th March 2008 and is hereby published for general information:—
ACT NO.12 OF 2008
An Act further to amend the Tamil Nadu Universities Laws
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-eighth Year of the Republic of India as follows:—
PART – I
PRELIMINARY
Short title and commencement
1. (1) This Act may be called the Tamil Nadu Universities Laws (Amendment) Act, 2007.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
PART – II
AMENDMENTS TO THE CHENNAI UNIVERSITY ACT, 1923
Amendment of section 2
2. In section 2 of the Chennai University Act, 1923 (hereinafter in this Part referred to as the 1923 Act), in clause (aaaa), the expression “and includes constituent colleges” shall be omitted.
Omission of Chapter IX-A
3. Chapter IX-A of the 1923 Act shall be omitted.
Insertion of new section 45-A
4. After section 45 of the 1923 Act, the following section shall be inserted, namely:—
“45-A. Transfer of constituent colleges from the University.—Notwithstanding anything contained in this Act or the statutes, regulations, ordinances and orders made thereunder, on and from the date of commencement of the Tamil Nadu Universities Laws (Amendment) Act, 2007, the colleges and institution specified in Schedule III shall cease to be constituent colleges of the University and the control and management of those colleges and institution shall stand transferred to the Government.”.
PART – III
AMENDMENTS TO THE MADURAI-KAMARAJ UNIVERSITY ACT, 1965
Amendment of section 1
5. In section 1 of the Madurai-Kamaraj University Act, 1965 (hereinafter in this Part referred to as the 1965 Act), in sub-section (3), the expression “constituent colleges” shall be omitted.
Amendment of section 2
6. In section 2 of the 1965 Act, in clause (c), the expression “and includes constituent colleges” shall be omitted.
Omission of Chapter VIII-A
7. Chapter VIII-A of the 1965 Act shall be omitted.
Insertion of section 40-A
8. After section 40 of the 1965 Act, the following section shall be inserted, namely:-
‘40-A. Transfer of constituent colleges from the University.-Notwithstanding anything contained in this Act or the statutes, regulations, ordinances and orders made thereunder, on arid from the date of commencement of the Tamil Nadu Universities Laws (Amendment) Act, 2007, the colleges specified in clause (cc) of section 2 shall cease to be constituent colleges of the University and the control and management of those colleges shall stand transferred to the Government.”.
PART-IV
AMENDMENTS TO THE BHARATHIAR UNIVERSITY ACT, 1981
Amendment of section 1
9. In section 1 of the Bharathiar University Act, 1981 (hereinafter in this Part referred to as Tamil Nadu Act 1 of 1982), in sub-section (3), the expression “constituent colleges” shall be omitted.
Amendment of section 2
10. In section 2 of Tamil Nadu Act 1 of 1982, in clause (d), the expression “and includes constituent colleges” shall be omitted.
Omission of Chapter IX-A
11. Chapter IX-A of Tamil Nadu Act 1 of 1982 shall be omitted.
Insertion of new section 46-A
12. After section 46 of Tamil Nadu Act 1 of 1982, the following section shall be inserted, namely:-
“46-A. Transfer of constituent colleges from the University.-Notwithstanding anything contained in this Act or the statutes, regulations, ordinances and orders made thereunder, on and from the date of commencement of the Tamil Nadu Universities Laws (Amendment) Act, 2007, the colleges specified in the Schedule shall cease to be constituent Colleges of the University and the control and management of those colleges shall stand transferred to the Government.”.
PART-V
AMENDMENTS TO THE BHARATHIDASAN UNIVERSITY ACT, 1981
Amendment of section 1
13. In section 1 of the Bharathidasan University Act, 1981 (hereafter in this Part referred to as Tamil Nadu Act 2 of 1982), in sub-section (3), the expression “constituent colleges” shall be omitted.
Amendment of section 2
14. In section 2 of Tamil Nadu Act 2 of 1982, in clause (d), the expression “and includes constituent colleges” shall be omitted.
Omission of Chapter IX-A
15. Chapter IX-A of Tami Nadu Act 2 of 1982 shall be omitted.
Insertion of new section 46-A
16. After section 46 of Tamil Nadu Act 2 of 1982, the following section shall be inserted, namely:-
“‘46-A. Transfer of constituent colleges from the University.-Notwithstanding anything contained in this Act or the statutes, regulations, ordinances and orders made thereunder, on and from the date of commencement of the Tamil Nadu Universities Laws (Amendment) Act, 2007, the colleges specified in the Schedule shall cease to be constituent colleges of the University and the control and management of those colleges shall stand transferred to the Government.”.
PART-VI
AMENDMENTS TO THE MOTHER TERESA WOMEN’S UNIVERSITY ACT 1984
Amendment of section 1-A
17. In section 1-A of the Mother Teresa Women’s University Act, 1984 (hereafter in this Part referred to as the 1984 Act), clause (a) shall be omitted.
Amendment of section 2
18. In section 2 of the 1984 Act, in clause (ad), the expression “and includes a constituent college” shall be omitted.
Omission of section 38-B
19. Section 38-8 of the 1984 Act shall be omitted.
Amendment of section 38-C
20. In section 38-C of the 1984 Act, sub-sections (1) and (I-A) shall be omitted.
Insertion of new section 38-F
21. After section 38-E of the 1984 Act, the following section shall be inserted, namely:-
“38-F. Transfer of constituent colleges from the University.-Notwithstanding anything contained in this Act or the statutes, regulations, ordinances and orders made thereunder, on and from the date of commencement of the Tamil Nadu Universities Laws (Amendment) Act, 2007, the colleges specified in clause (ae) of section 2 shall cease to be constituent colleges of the University and the control and management of those colleges shall stand transferred to the Government.”.
PART-VII
AMENDMENTS TO THE ALAGAPPA UNIVERSITY ACT, 1985
Amendment of section 1-A
22. In section 1-A of the Alagappa University Act, 1985 (hereafter in this Part referred to as the 1985 Act), clause (a) shall be omitted.
Amendment of section 2
23. In section 2 of the 1985 Act, in clause (ad), the expression and includes a constituent college” shall be omitted.
Omission of section 52-B
24. Section 52-8 of the 1985 Act shall be omitted.
Amendment of section 52-C
25. In section 52-C of the 1985 Act, sub-sections (1) and (I-A) shall be omitted.
Insertion of new section 52-F
26. After section 52-E of the 1985 Act, the following section shall be inserted, namely:-
“52-F. Transfer of constituent colleges from the University.-Notwithstanding anything contained in this Act or the statutes, regulations, ordinances and orders made thereunder, on and from the date of commencement of the Tamil Nadu Universities Laws (Amendment) Act, 2007, the colleges specified in Schedule II shall cease to be constituent colleges of the University and the control and management of those colleges shall stand transferred to the Government.”.
PART VIII
AMENDMENTS TO THE MANONMANIAM SUNDARANAR UNIVERSITY ACT, 1990
Amendment of section 1
27. In section 1 of the Manonmaniam Sundaranar University Act, 1990 (hereafter in this Part referred to as the 1990 Act), in sub-section (3), the expression “constituent colleges” shall be omitted.
Amendment of section 2
28. In section 2 of the 1990 Act, in clause (d), the expression “and includes a constituent college” shall he omitted.
Omission of Chapter IX-A
29. Chapter IX-A of the 1990 Act shall be omitted.
Insertion of new section 46-A
30. After section 46 of the 1990 Act, the following section shall be inserted, namely:-
“46-A. Transfer of constituent college from the University.-Notwithstanding anything contained in this Act or the statutes, regulations, ordinances and orders made thereunder, on and from the data of commencement of the Tamil Nadu Universities Laws (Amendment) Act, 2007, the college specified in clause (dd) of don 2 shall cease to be constituent college of the University and the control and management of that college shall stand transferred to the Government.”.
PART-IX
AMENDMENTS TO THE PERIYAR UNIVERSITY ACT, 1997
Amendment of section 1
31. In section 1 of the Periyar University Act, 1937 (hereinafter in this Part referred to as the 1997 Act), in sub-section (3), the expression “constituent colleges” shall be omitted.
Amendment of section 2
32. In section 2 of the 1997 Act, in clause (d), the expression “and includes constituent colleges” shall be omitted.
Omission of Chapter IX-A
33. Chapter IX-A of the 1997 Act shall be omitted.
Insertion of new section 47-A
34. After section 47 of the 1997 Act, the following section shall be inserted, namely:-
“47-A. Transfer of constituent colleges from the University.-Notwithstanding anything contained in this Act or the statutes, regulations, ordinances and orders made thereunder, on and from the date of commencement of the Tamil Nadu Universities Laws (Amendment) Act, 2007, the colleges specified in the Schedule shall cease to be constituent colleges of the University and the control and management of those colleges shall stand transferred to the Government.”.
PART-X
AMENDMENTS TO THE THIRUVALLUVAR UNIVERSITY ACT, 2002
Amendment of section 2
35. In section 1 of the Thiruvalluvar University Act, 2002 (hereafter in this Part referred to as the 2002 Act), in sub-section (3), the expression “constituent” shall be omitted.
Amendment of section 4
36. In section 4 of the 2002 Act, in clause (9), in sub-clause (a), the expression or in a constituent college” shall be omitted.
Amendment of section 20
37. In section 20 of the 2002 Act, in sub-section (1), in clause (g), for the expression “constituent colleges”, the expression “Government Colleges” shall be substituted.
Amendment of section 24
38. In section 24 of the 2002 Act, in item (a), in sub-item (35), the expression “constituent colleges” shall be omitted.
Amendment of section 37
39. In section 37 of the 2002 Act, in sub-section (3), the expression “or of a constituent college” shall be omitted.
Amendment of section 38
40. In section 38 of the 2002 Act, the expression “a constituent college or” shall be omitted.
Omission of sections 56 and 57
41. Sections 56 and 57 of the 2002 Act shall be omitted.
Insertion of new section 60-A
42. After section 60 of the 2002 Act, the following section shall be inserted, namely:-
“60-A. Transfer of constituent colleges from the University.-Notwithstanding anything contained in this Act or the statutes, regulations, ordinances and orders made thereunder, on and from the date of commencement of the Tamil Nadu Universities Laws (Amendment) Act, 2007, the colleges and institutions specified in the Schedule shall cease to be constituent colleges of the University and the control and management of those colleges and institutions shall stand transferred to the Government.”.
Amendment of Schedule
43. In the Schedule to the 2002 Act, for the expression “See sections 2(e), (I) and 56”, the expression “See sections 2(e) and 2 (1)” shall be substituted. |
