ACTS - No. 41 of 2018 and No. 42 of 2018

© GOVERNMENT OF TAMIL NADU 2018

[Regd. No. TN/CCN/467/2012-14.

[R. Dis. No. 197/2009.

[Price: Rs. 12.00 Paise.

No. 256] CHENNAI, TUESDAY, JULY 17, 2018 Aadi 1, Vilambi, Thiruvalluvar Aandu–2049

Part IV—Section 2

Tamil Nadu Acts and Ordinances

CONTENTS

Pages.

ACTS :

No. 41 of 2018—The Shiv Nadar University Act, 2018 .. .. ..

196-210 .. ..

No. 42 of 2018—The Sai University Act, 2018 .. .. .. ..

211-223 .. .. ..

256-Ex-IV-2—1

[195 ]196 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 16th July 2018 and is hereby published for general information:—

ACT No. 41 of 2018.

An Act to establish and incorporate in the State of Tamil Nadu a University

of unitary nature in private sector by SSN Trust to promote, conceptualise

and bring about a paradigm shift through development of outstanding

leadership, research, knowledge and ideas for education and allied

development sectors.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-ninth Year of the Republic of India as follows:—

1. (1) This Act may be called the Shiv Nadar University Act, 2018.

Short title and commence- ment.

(2) It shall come into force at once.

Defi nitions. 2. In this Act, unless the context otherwise requires,—

(a) "Academic Council" means the Academic Council of the University constituted under section 22;

(b) "Chancellor", "Vice-Chancellor" and "Pro-Vice-Chancellor" means, respectively, the Chancellor, the Vice-Chancellor and the Pro-Vice-Chancellor of the University;

(c) "Deans and Directors" means the Head of Department or an Institution, a Centre or a School, or the person appointed for the purpose to act as such in his absence;

(d) "Department" means a Department of Studies of the University and includes a Centre of Studies and Research;

(e) "Employee" means any person appointed by the University, and includes a teacher or any other member of the staff of the University;

(f) "Executive Council" means the Executive Council of the University constituted under section 21;

(g) "Faculty" means a Faculty of the University;

(h) "Governing Council" means the Governing Council constituted under section 20;

(i) "Government" means the State Government;

(j) "hostel" means a unit of residence for students of the University maintained or recognized by the University;

(k) "Institution" means a college or an institution established or maintained by or associated or constituent to the University in accordance with this Act and the Statutes;

(l) "Management Committee" means the committee constituted by the Trust for the purposes of this Act;

(m) "prescribed" means prescribed by Statutes and Ordinances;

(n) "Records and Publication" means the Records and Publication of the University;

(o) "Registrar" , "Controller of Examinations", "Finance Offi cer" means, respectively, the Registrar, the Controller of Examinations, the Finance Offi cer of the University;

(p) "Statutes" and "Ordinances" means respectively, the Statutes and the Ordinances of the University;

(q) "Student" means a student enrolled in the register of the University;

(r) "teachers of the University" means persons appointed by the University to give instruction on its behalf;

Central Act 2

(s) "Trust" means the SSN Trust registered under the Indian Trusts Act, of 1882. 1882;

(t) "University" means the Shiv Nadar University established under section 3.

Establish- 3. (1) There shall be established a University by the Trust by the name Shiv Nadar University, with its principal seat at Kalavakkam.

ment of the University.

(2) The University shall be a body corporate, shall have perpetual succession and a common seal and shall sue and be sued by the said name.

(3) The University shall be of the unitary type.

(4) The University may establish constituent colleges, regional centres, additional campuses and study centres at such places in the State as it deems fi t subject to the norms of University Grants Commission and other national accreditation bodies.

4. For the purposes of establishing the University under this Act, the Trust shall fulfi ll the following conditions, namely:—

(a) possess contiguous land of not less than one hundred acres earmarked for the University;

Conditions for the estab- lishment of the Univer- sity.

(b) construct on the land referred to in clause (a), buildings and establish infrastructure and install necessary equipments in offi ces and laboratories as per the standards laid down by the University Grants Commission and other statutory authorities;

(c) appoint teachers for the purposes of teaching as per the standards laid down by the University Grants Commission;

(d) such other conditions as may be required by the Government to be fulfi lled before the establishment of the University.

Commence- 5. (1) The University shall commence to exercise its function on such date as the Government may, by notifi cation, specify in this behalf.

ment of the University.

(2) The Government shall issue a notifi cation under sub-section (1) only after receipt of an affi davit along with documents from the Trust to the effect that all conditions referred to in section 4 have been fulfi lled and after the Government is satisfi ed in this behalf.

256-Ex-IV-2—1a198 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY Grants and Financial Assistance.

6. The University shall be a self-fi nancing University and shall neither make a demand nor shall be entitled to any maintenance, grant-in-aid or any other fi nancial assistance from the Government:

Provided that this shall not prohibit the University from applying for research projects or any other academic projects which may or may not entail fi nancial grant or fi nancial support from any other source.

Objects of the

University.

7. The objects of the University shall be to disseminate and advance knowledge and skill by providing instructional, research and extension of facilities in such branches of learning as it may deem fi t and the University shall endeavour to provide to students and teachers the necessary atmosphere and facilities for the promotion of,—

(a) innovations in education leading to restructuring of courses, new methods of teaching, training and learning including on-line learning, blended learning, continuing education and such other modes and integrated and wholesome development of personality;

(b) studies in various disciplines;

(c) inter-disciplinary studies;

(d) national integration, secularism, social equity and engineering of international understanding and ethics.

Powers of the

8. The University shall have the following powers, namely:—

University.

(a) to provide for instructions in such branches of learning as the University may, from time to time, determine and to make provisions for research and for the advancement and dissemination and application of knowledge and skills;

(b) to impart and promote the study of arts and science, engineering and technology, Management, Law, medical and allied sciences and any other professional courses through in campus, off-campus, and satellite centres or by distant educational programmes;

(c) to honour educational stalwarts and persons of academic eminence with the decoration of professor Emeritus;

(d) to grant, subject to such conditions as the University may determine, diplomas or certifi cates to, and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing on persons, and to withdraw any such diplomas, certifi cates, degrees or other academic distinctions for good and suffi cient cause;

(e) to confer honorary degrees or other distinctions in the manner prescribed;

(f) to provide education and training including correspondence and such other courses, to such persons who are not members of the University, as it may determine;

(g) to institute Directorships, Professorships, Associate Professorships, Readerships, Assistant Professorships, Lecturerships and other teaching or academic posts required by the University and to make appointments for the same;

(h) to create administrative, ministerial and other posts and to make appointments thereto;

(i) to appoint or engage persons of eminence working in any other University or Organisation permanently or for a specifi ed period;

(j) to co-operate, collaborate or associate with any other University or Authority or Institution in India and abroad in such manner and for such purpose as the University may determine;

(k) to establish and maintain schools, centres, specialised laboratories or other units for research and instructions as are in the opinion of the University, necessary for the furtherance of its objects;

(l) to institute and award fellowships, scholarships, studentships, medals and prizes;

(m) to establish and maintain and supervise residences, hostels within the University and promote the health and general welfare activities for students and staff;

(n) to make provisions for research and consultancy, and for that purpose to enter into such arrangements with other institutions or bodies as the University may deem necessary;

(o) to declare a centre, an institution, a department, or school, as the case may be, in accordance with the Statutes;

(p) to determine standards for admission into the University, which may include examination, evaluation or any other method of testing;

(q) to prescribe, demand and receive payment of fees and other charges;

(r) to make such arrangements in respect of the residence, discipline and teaching of women and other disadvantaged students as the University may deem fi t;

(s) to regulate and enforce discipline amongst the employees and students of the University and take such disciplinary measures in this regard as may deem necessary by the University;

(t) to make arrangements for promoting the health and general welfare of the employees of the University;

(u) to receive donations and to acquire, hold, manage and dispose through sale or lease or rent of any property, movable or immovable for the welfare of the University;

(v) to borrow, by way of hypothecation or mortgage against the property of the University with the approval of the Trust;

(w) to appoint either on contract or otherwise, visiting professors, emeritus professors, consultants, fellows, scholars, artists, course writers and such other persons who may contribute to the advancement of the objects of the University;

(x) to organise and to undertake extra-mural studies and extension service;

(y) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the University.

Admission

and Standards.

9. (1) The University shall, subject to the provisions of this Act and the relevant Statutes and Regulations of the University Grants Commission and other statutory authorities, as the case may be, be open to all persons.

(2) Nothing contained in sub-section (1) shall require the University,—

(a) to admit to any course of study any person who does not possess the prescribed academic qualifi cation or standard;

(b) to retain on the rolls of the University any student whose academic record is below the minimum standard required for the award of a degree or other academic distinction; or

(c) to admit any person or retain any student whose conduct is prejudicial to the interest of the University or the rights and privileges of other students and teachers.

(3) Subject to the provisions of sub-sections (1) and (2) and the standard admission process of the University as may be prescribed, the University shall reserve thirty-fi ve percentage of seats in each course of study for Resident students of Tamil Nadu.

(4) Admission of students to thirty-fi ve percentage of seats reserved for resident students of Tamil Nadu under sub-section (3) shall be made following the reservation as per law in force.

Explanation.— For the purpose of this section "Resident student of Tamil Nadu" means,—

(i) a student who or either of whose parents has resided in the State of Tamil Nadu for a period of not less than fi ve years preceding the qualifying examination; or

(ii) a student who has studied in any one of the educational institutions in the State of Tamil Nadu for a period of not less than fi ve years leading to the qualifying examination.

10. The following shall be the offi cers of the University, namely :—

Offi cers of the University.

(a) the Chancellor;

(b) the Vice-Chancellor;

(c) the Pro-Vice-Chancellor;

(d) the Registrar;

(e) the Deans and Directors;

(f) the Finance Offi cer;

(g) the Controller of Examinations; and

(h) such other persons as may be declared by the Statutes to be offi cers of the University.

The

11. (1) The Chancellor shall be appointed by the management committee of Chancellor. the Trust for a period of three years, as may be prescribed.

(2) The Chancellor shall, by virtue of his offi ce, be the Head of the University and shall constitute an interim Executive Council. The interim Executive Council so constituted shall cease to exist on the constitution of the Executive Council under section 21.

(3) The Chancellor may in writing under his hand addressed to the Management Committee of the Trust, resign his offi ce.

Vice-

12. (1) The Vice-Chancellor shall be appointed by the Chancellor in such Chancellor. manner as may be prescribed, for a period of three years.

(2) The Vice-Chancellor shall exercise such powers and perform such other functions as may be prescribed.

Pro-Vice- 13. (1) The Pro-Vice-Chancellor shall be appointed by the Executive Council

Chancellor.

in such manner as may be prescribed.

(2) The Pro-Vice-Chancellor shall exercise such powers and perform such other functions as may be prescribed.

Registrar.

14. (1) The Registrar shall be a whole-time salaried offi cer of the University. The terms of appointment and conditions of services shall be such as may be prescribed.

(2) The holder of the post of Registrar shall possess the qualifi cations prescribed by the University Grants Commission.

(3) The Registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University and shall exercise such other powers and perform such other functions as may be prescribed.

(4) The Registrar shall be the ex-offi cio Secretary of the Executive Council and the Academic Council.

15. Every Dean and every Director shall be appointed in such manner and Deans and Directors.

shall exercise such powers and perform such duties as may be prescribed.

16. (1) The Finance Offi cer shall be appointed in such manner and shall Finance Offi cer.

exercise such powers and perform such functions as may be prescribed.

(2) The Finance Offi cer shall be the ex-offi cio Secretary of the Finance Committee.

Controller of Examina- tions.

17. (1) The Controller of Examinations shall be a whole-time offi cer of the University appointed for such period and on such terms and conditions as may be prescribed.

(2) The Controller of Examinations shall exercise such powers and perform such duties as may be prescribed.

Other 18. The manner of appointment and powers and duties of the other offi cers

Offi cers.

of the University shall be such as may be prescribed.

19. The following shall be the authorities of the University,— Authorities

of the University.

(a) the Governing Council;

(b) the Executive Council;

(c) the Academic Council;

(d) the Finance Committee;

(e) the Planning Board;

(f) such other authorities as may be declared by the Statutes to be authorities of the University.

The 20. (1) The constitution of the Governing Council and the term of offi ce of its members shall be as may be prescribed.

Governing Council.

(2) Subject to the provisions of this Act, the Governing Council shall have the following powers and functions, namely:—

(a) to review from time to time, the broad policies and programmes of the University and suggest measures for the working, improvement and development of the University;

(b) to consider and pass resolutions on the Annual Report and Annual Accounts of the University and Audit Report of such accounts;

(c) to advise the Chancellor in respect of any matter which may be referred to it for advice; and

(d) to perform such other functions as may be prescribed.

The Executive

21. (1) The Executive Council shall be the chief executive body of the Council.

University.

(2) The Executive Council shall consist of not more than ten members of whom two members shall be, --

(a) The Secretary to Government in-charge of Higher Education Department, ex-offi cio;

(b) The Director of Collegiate Education, ex-offi cio.

(3) The powers and functions of the Executive Council, shall be such as may be prescribed.

The Academic

Council.

22. (1) The Academic Council shall be the principal academic body of the University and shall subject to the provisions of the Statutes, the Ordinances and the applicable regulations, co-ordinate and exercise general supervision over the academic policies of the University.

(2) The constitution of the Academic Council, the term of offi ce of its members and its powers and functions shall be such as may be prescribed.

23. (1) The Finance Committee shall be the principal fi nancial body of the The Finance Committee. University to take care of the fi nancial matters.

(2) The constitution of the Finance Committee, the term of offi ce of its members and its powers and functions shall be such as may be prescribed.

The Planning

Board.

24. (1) The Planning Board shall be the principal planning body of the University. The Planning Board shall ensure that the infrastructure and academic support system meets the norms of the applicable statutory authorities.

(2) The constitution of the Planning Board, the term of offi ce of its members and its powers and functions shall be such as may be prescribed.

Board of

25. The constitution, powers and functions of the Boards of Faculties, the Admission Committee, the Examination Committee and of such other authorities of the University which may be declared by the Statutes to be authorities of the University shall be such as may be prescribed.

Faculties, Admission Committee, Examination Committee and other Authorities of the Uni- versity.

26. (1) The Executive Council shall make the Statutes for carrying out the purposes of this Act, subject to the approval of the Management Committee.

Power to make Statutes.

(2) Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:—

(a) the constitution, powers and functions of the authorities of the University, as may be constituted from time to time;

(b) the appointment and continuance in offi ce of the members of the said authorities, fi lling up of vacancies of members and all other matters relating to those authorities for which it may be necessary to provide;

(c) the appointment, powers and duties of the offi cers of the University and their emoluments;

(d) the appointment of teachers of the University and other academic and administrative staff and their emoluments;

(e) the appointment of teachers and other academic and administrative staff working in the University or Institution for specifi c period for undertaking a joint project;

(f) the conditions of service of employees including provisions for retirement benefi ts, insurance and provident fund, the manner of termination of service and disciplinary actions;

(g) the principles governing seniority of service of employees;

(h) the procedure for settlement of disputes between employees or students and the University;

(i) the procedure for appeal to the Executive Council by any employee or students against the action of any offi cer or other authority of the University;

(j) the conferment of honorary degrees;

(k) the withdrawal of degree, diploma, certifi cate and other academic distinction;

(/) the institution of fellowships, scholarships, studentships, medals and prizes;

(m) the maintenance of discipline among the students;

(n) the establishment and abolition of Department, Centres and other institutions;

(o) the delegation of powers vested in the authorities or offi cers of the University; and

(p) all other matters, which may by this Act are to be or may be prescribed.

(3) The Executive Council shall not make, amend or repeal any Statute affecting the powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Executive Council.

Statutes, how 27. (1) The Executive Council may, from time to time, make statutes and

made.

amend or repeal the statutes in the manner hereinafter provided in this section.

(2) A statute or an amendment to, or repeal of, a statute passed by the Executive Council shall be submitted to the Management Committee who may assent thereto or withhold its assent. A statute or an amendment to, or repeal of, a statute passed by the Executive Council shall have no validity until it has been assented to by the Management Committee.

Power to

make Ordi- nances.

28. Subject to the provisions of this Act and the Statutes, the Ordinances shall be made by the Executive Council, subject to the approval of the Management Committee, which may provide for all or any of the following matters, namely:—

(a) the admission of students to the University and their enrolment as such;

(b) the courses of study to be laid down for all degrees, diplomas and certifi cates of the University;

(c) the medium of instruction and examination;

(d) the award of degree, diploma, certifi cate and other academic distinctions, the qualifi cation for the same and the matters to be taken relating to the granting and obtaining of the same;

(e) the fees to be charged for courses of study in the University and for admission to the examinations, degrees, diplomas and certifi cates of the University;

(f) the conditions for the award of fellowships, scholarships, studentships, medals and prizes;

(g) the conduct of examinations, including the term of offi ce and manner of appointment and the duties of examining bodies, examiners and moderators;

(h) the conditions of residence of the students of the University;

(i) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and prescribing of special courses of studies for them within the University;

(j) the appointment and emoluments of employees other than those for whom provision has been made in the Statutes;

(k) the establishment of Centre of Studies, Boards of Studies, Interdisciplinary Studies, Special Centres, Specialised Laboratories and other Committee;

(l) the manner of co-operation and collaboration with other Universities and authorities including learned bodies or association;

(m) the creation, composition and functions of any other body which is considered necessary for improving the academic mileage of the University;

(n) the remuneration to be paid to the examiners, moderators, invigilators and tabulators;

(o) such other terms and conditions of service of teachers and other academic staff as are not prescribed by the Statutes.

29. (1) In making Ordinances, the Executive Council shall consult the Ordinances, how made. Management Committee.

(2) All Ordinances made by the Executive Council shall have effect from such date as it may direct.

Annual

Report.

30. (1) The annual report of the University shall be prepared under the direction of the Executive Council and shall be submitted to the Governing Council on or after such date as may be prescribed and the Governing Council shall consider the report in its annual meeting.

(2) The Governing Council shall submit the annual report to the Chancellor along with its comments, if any.

Annual

Accounts.

31. (1) The annual accounts and balance sheet of the University shall be prepared under the directions of the Executive Council and shall, once at least every year and at intervals of not more than fi fteen months, be audited by an experienced and qualifi ed fi rm of Chartered Accountant of repute.

(2) A copy of the annual accounts, together with the audit report thereon, shall be submitted to the Governing Council and the Chancellor along with the observations of the Executive Council.

32. (1) Every employee of the University shall be appointed or engaged as per the provisions of the Statutes.

Conditions of service of employees.

(2) Any dispute arising between the University and any of the employees appointed substantively, shall be referred to the Vice-Chancellor who shall decide the dispute after affording an opportunity to the employee within three months from the date of its reference.

(3) The aggrieved employee may fi le an appeal against the decision of the Vice-Chancellor to the Chancellor. The decision of the Chancellor in such an appeal shall be fi nal.

(4) Any dispute in respect of any employee engaged temporarily or on ad-hoc or part-time or casual basis shall be heard and decided fi nally by the Head of the Department concerned.

33. (1) (a) No person shall be admitted to a course of study in the University for admission to the examinations for degrees, titles or diplomas of the University unless he,—

Admission to University Courses and Exami- nations.

(i) has passed the examination prescribed therefor; and

(ii) fulfi lls such other academic conditions as may be prescribed.

(b) Every candidate for a University examination shall, unless exempted from the provisions of this sub-section by a special order of the Executive Council made on the recommendation of the Academic Council, be enrolled as a member of the University. Any such exemption may be made subject to such conditions as the Executive Council may think fi t.

(2) No candidate shall be admitted to any University examination unless he is enrolled as a member of the University, and has satisfi ed the requirements as to the attendance required for the same or unless he is exempted from such requirements of enrolment or attendance or both by an order of the Executive Council passed on the recommendation of the Academic Council. Exemptions granted under this section shall be subject to such conditions as the Executive Council may think fi t.

(3) Any student or candidate for an examination, whose name has been removed from the rolls of the University by the orders or recommendation of the Academic Council or Controller of Examinations, as the case may be, and who has been debarred from appearing at the examinations for more than one year, may within ten days of the date of receipt of such order, appeal to the Vice-Chancellor to nullify the decision of the aforesaid authorities.

(4) Any decision taken by the Vice-Chancellor in this regard shall be fi nal.

Employees provident fund and pensions.

34. The University may constitute for the benefi t of its employees such pension or welfare schemes or provident fund or provide such insurance schemes as it may deem fi t in such manner and subject to such conditions as may be decided by the Executive Council.

Disputes

35. If any question arises as to whether any person has been duly nominated or appointed as or is entitled to be a member of any authority or other body of the University, the matter shall be referred to the Chancellor whose decision thereon shall be fi nal.

as to the constitution of Authorities and bodies.

Constitution of Committees.

36. Where any authority of the University is given power under this Act or the Statutes to constitute Committees, such Committees shall as otherwise provided, consist of the members of the authority concerned and of such other persons as the authority in each case may think fi t.

Filling up of the Vacancies.

37. All vacancies among the members of any authority or other body of the University shall be fi lled as soon as may be convenient by the person or body who appointed or nominated the members whose place has become vacant for the remaining term for which he has been appointed or nominated.

Proceedings

38. No act or proceeding of any authority or other body of the University shall be invalidated merely by reason of the existence of a vacancy or of any defect or irregularity in the nomination 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 that the authority or other body of the University, did not meet at such intervals as required under this Act.

of University authorities and bodies not to be invalidated by vacancies.

Removal from membership of Univer- sity.

39. (1) The Executive Council may, 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 members of the Executive Council and by a majority of not less than two-thirds of the members of the Executive Council present and voting at the meeting, if such person has been convicted by the Court for an offence which in the opinion of the Executive Council involves moral turpitude.

(2) The Executive Council 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 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 made under sub-section (1) or sub-section (2), as the case may be, shall as soon as may be after it is so made, be communicated to the person concerned in the manner prescribed.

Mode of proof of University records.

40. A copy of any receipt, application, notice, proceeding, resolution of any authority or Committee of the University or other documents in possession of the University, if certifi ed by the Registrar, shall be received as prima facie evidence of such receipt, applications, notice, order, proceeding or resolution, documents or the existence of entry in the register and shall be admitted as evidence of the matters and transaction therein where the original would, if produced have been admissible in evidence.

Permanent

41. (1) The Trust shall establish a permanent endowment fund of at least rupees fi fty crores.

Endowment Fund.

(2) The University shall have the power to invest the permanent endowment fund in such manner as may be prescribed.

(3) The University may transfer any amount from the general fund or the development fund to the permanent endowment fund.

(4) Any amount exceeding the minimum amount specified in sub-section (1) may be withdrawn from the permanent endowment fund by the University for the purposes of development of the University.

General 42. (1) The University shall establish a general fund to which the following

Fund.

amount shall be credited, namely:—

(a) all fees which may be charged by the University;

(b) all sums received from any other source;

(c) all contributions made by the Trust; and

(d) all contributions made in this behalf by any other person or body which are not prohibited by any law for the time being in force.

(2) The moneys credited to the general fund shall be applied to meet all the recurring expenditures of the University.

Development 43. (1) The University shall also establish a development fund to which the

Fund.

following moneys shall be credited, namely:—

(a) development fees, which may be charged from students;

(b) all sums received from other sources for the purpose of the development of the University;

(c) all contributions made by the Trust;

(d) all contributions made in this behalf by any other person or body which are not prohibited by any law for the time being in force; and

(e) all incomes received from the permanent endowment fund.

(2) The moneys credited to the development fund from time to time shall be utilised for the development of the University.

Maintenance of Fund.

44. The funds established under sections 41, 42 and 43 shall subject to general supervision and control of the Governing Council, be regulated and maintained in such manner as may be prescribed.

Power of 45. (1) It shall be the duty of the University or any authority or offi cer of the University to furnish such information or records relating to the administration or fi nance and other affairs of the University as the Government may call for.

Govern- ment to call for informa- tion and records.

(2) The Government, if it is of the view that there is a violation of the Act or the Statutes or Ordinances made thereunder, may issue such directions to the University under section 49 as it may deem necessary.

46. (1) If the University proposes its dissolution for any reason, it shall give at Dissolution of University.

least six months written notice to the Government.

(2) On receipt of notice referred to in sub-section (1), the Government shall make such arrangement for administration of the University from the date of dissolution of the University and until the last batch of students in regular courses of studies of the University complete their courses or studies in such manner as may be prescribed.

Expenditure

47. (1) The expenditure for administration of the University during the process of its dissolution under section 46 shall be met out from the permanent endowment fund, the general fund and the development fund.

of the University during dissolution.

(2) If the funds referred to in sub-section (1) are not suffi cient to meet the expenditure of the University, such expenditure may be met by disposing of the properties or assets of the University by the Government.

De-recognition of the Uni- versity by the Govern- ment.

48. (1) Where the Government receives a complaint with material and substantial allegation that the University is not functioning in accordance with the provisions of this Act, it shall require the University to show cause within such time, which shall not be less than two months referring a copy of the complaint as to why the University should not be derecognised.

(2) If, upon receipt of the reply of the University to the notice given under sub-section (1), the Government is satisfi ed that a prima facie case of mismanagement or violation of the provisions of this Act in the functioning of the University is made out, it shall order such enquiry as it deems necessary.

(3) For the purposes of an inquiry under sub-section (2), the Government shall by notifi cation, appoint an offi cer or authority as the enquiring authority to enquire into the allegations of violation of the provisions of this Act.

Central Act V

of 1908.

(4) Every inquiring authority appointed under sub-section (3) shall while performing its functions under this Act have all the powers of Civil Court under the Code of Civil Procedure, 1908 trying a suit and in particular in respect of the following matters, namely:—

(a) summoning and enforcing the attendance of any witness and examining him on oath;

(b) requiring the discovery and production of any document;

(c) requisitioning any public record or copy thereof from any offi ce;

(d) receiving evidence on affi davits;

(e) any other matter which may be prescribed.

(5) If, upon receipt of the inquiry report, the Government is satisfi ed that the University has violated any provisions of this Act, it shall direct the University to make necessary improvement and suggest for proper implementation of the provisions of this Act.

(6) If it is observed that the University is violating the Act continuously for three times, the Government may, by notifi cation, derecognise the University with prior approval of the University Grants Commission and other statutory authorities.

(7) During the process of derecognition under sub-section (6), the Government may utilise the permanent endowment fund, the general fund or the development fund for the purpose of the management of the affairs of the University. If the funds of the University are not suffi cient to meet the requisite expenditure of the University, the Government may dispose of the assets or the properties of the University to meet the said expenses.

49. The Government may issue such directions, from time to time, to the University on policy matters not inconsistent with the provisions of this Act as it may deem necessary. Such directions shall be complied with by the University.

Power of the Govern- ment to issue direc- tions on policy matters.

Status of 50. All assets and properties including permanent endowment fund, general fund, development fund or any other fund and also the liabilities of the University shall belong to the Trust in case of dissolution or derecognition of the University.

Assets, Liabilities on Dissolution or de- recognition.

Power to

remove diffi culties.

51. (1) If any diffi culty arises as to the constitution or reconstitution of any authority of the University or in giving effect to the provisions of this Act, the Government may, by notifi cation, make such provision, not inconsistent with the provisions of this Act, as may appear to them to be necessary or expedient for removing the diffi culty:

Provided that no such notifi cation shall be issued after the expiry of two years from the date of commencement of this Act.

(2) Every notifi cation issued under sub-section (1) or under any other provisions of this Act shall, as soon as possible after it is issued, be placed on the table of the Legislative Assembly, and if, before the expiry of the session in which it is so placed or the next session, the Assembly makes any modifi cation in any such notifi cation or the Assembly decides that the notifi cation should not be issued, the notifi cation shall thereafter have effect only in such modifi ed form or be of no effect, as the case may be, so, however, that any such modifi cation or annulment shall be without prejudice to the validity of anything previously done under that notifi cation.

(By Order of the Governor)

S.S. POOVALINGAM, Secretary to Government, Law Department.

The following Act of the Tamil Nadu Legislative Assembly received the assent of the

Governor on the 16th July 2018 and is hereby published for general information:-

ACT No. 42 of 2018.

An Act to establish and incorporate in the State of Tamil Nadu a University of

unitary nature in private sector by Sai Education, Medical, Research and

Charitable Trust to promote, conceptualise and bring about a paradigm shift

through development of outstanding leadership, research, knowledge and

ideas for education and allied development sectors.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-

ninth Year of the Republic of India as follows:—

1. (1) This Act may be called the Sai University Act, 2018. Short title and

commence-

ment.

(2) It shall come into force at once.

2. In this Act, unless the context otherwise requires,— Defi nitions.

(a) "Academic Council" means the Academic Council of the University

constituted under section 22;

(b) "Chancellor", "Vice-Chancellor" and "Pro-Vice-Chancellor" means,

respectively, the Chancellor, the Vice-Chancellor and the Pro-Vice-Chancellor of the

University;

(c) "Deans and Directors" means the Head of Department or an Institution,

a Centre or a School, or the person appointed for the purpose to act as such in his

absence;

(d) "Department" means a Department of Studies of the University and

includes a Centre of Studies and Research;

(e) "Employee" means any person appointed by the University, and includes

a teacher or any other member of the staff of the University;

(f) "Executive Council" means the Executive Council of the University

constituted under section 21;

(g) "Faculty" means a Faculty of the University;

(h) "Governing Council" means the Governing Council constituted under

section 20;

(i) "Government" means the State Government;

(j) "hostel" means a unit of residence for students of the University maintained

or recognized by the University;

(k) "Institution" means a college or an institution established or maintained

by or associated or constituent to the University in accordance with this Act and the

Statutes;

(l) "Management Committee" means the committee constituted by the Trust

for the purposes of this Act;

(m) "prescribed" means prescribed by Statutes and Ordinances;

(n) "Records and Publication" means the Records and Publication of the

University;

(o) "Registrar" , "Controller of Examinations", "Finance Offi cer" means,

respectively, the Registrar, the Controller of Examinations, the Finance Offi cer of the

University;

(p) "Statutes" and "Ordinances" means respectively, the Statutes and the

Ordinances of the University;

(q) "Student" means a student enrolled in the register of the University;

(r) "teachers of the University" means persons appointed by the University to

give instruction on its behalf;

(s) "Trust" means the Sai Education, Medical, Research and Charitable Trust Central Act 2 of registered under the Indian Trusts Act, 1882;

1882. (t) "University" means the Sai University established under section 3.

Establishment of

3. (1) There shall be established a University by the Trust by the name Sai

the University. University.

(2) The University shall be a body corporate, shall have perpetual succession

and a common seal and shall sue and be sued by the said name.

(3) The University shall be of the unitary type.

(4) The University may establish constituent colleges, regional centres,

additional campuses and study centres at such places in the State as it deems fi t subject

to the norms of University Grants Commission and other national accreditation bodies.

4. For the purposes of establishing the University under this Act, the Trust shall

Conditions for the

fulfi ll the following conditions, namely:—

establishment

of the

(a) possess contiguous land of not less than one hundred acres earmarked

University.

for the University;

(b) construct on the land referred to in clause (a), buildings and establish

infrastructure and install necessary equipments in offi ces and laboratories as per the

standards laid down by the University Grants Commission and other statutory authorities;

(c) appoint teachers for the purposes of teaching as per the standards laid

down by the University Grants Commission;

(d) such other conditions as may be required by the Government to be fulfi lled

before the establishment of the University.

5. (1) The University shall commence to exercise its function on such date as the

Commencement

Government may, by notifi cation, specify in this behalf.

of the

University.

(2) The Government shall issue a notifi cation under sub-section (1) only after

receipt of an affi davit along with documents from the Trust to the effect that all conditions

referred to in section 4 have been fulfi lled and after the Government is satisfi ed in this

behalf.

6. The University shall be a self-fi nancing University and shall neither make a

Grants and

demand nor shall be entitled to any maintenance, grant-in-aid or any other fi nancial

Financial

assistance from the Government:

Assistance.

Provided that this shall not prohibit the University from applying for research

projects or any other academic projects which may or may not entail fi nancial grant or

fi nancial support from any other source.

Objects of the

7. The objects of the University shall be to disseminate and advance education,

University.

knowledge and skill by providing instructional, research and extension of facilities in such

branches of learning as it may deem fi t and the University shall endeavour to provide to

students and teachers the necessary atmosphere and facilities for the promotion of,—

(a) innovations in education leading to restructuring of courses, new methods

of teaching, training and learning including on-line learning, blended learning, continuing

education and such other modes and integrated and wholesome development of

personality;

(b) studies in various disciplines;

(c) inter-disciplinary studies;

(d) national integration, secularism, social equity and engineering of

international understanding and ethics.

8. The University shall have the following powers, namely:— Powers of the

University.

(a) to provide for instructions in such branches of learning as the University

may, from time to time, determine and to make provisions for research and for the

advancement and dissemination and application of knowledge and skills;

(b) to impart and promote the study of arts and science, engineering and

technology, Management, Law, medical and allied sciences and any other professional

courses through in-campus, off-campus, and satellite centres or by distant educational

programmes;

(c) to honour educational stalwarts and persons of academic eminence with

the decoration of professor Emeritus;

(d) to grant, subject to such conditions as the University may determine,

diplomas or certifi cates to, and confer degrees or other academic distinctions on the

basis of examinations, evaluation or any other method of testing on persons, and to

withdraw any such diplomas, certifi cates, degrees or other academic distinctions for

good and suffi cient cause;

(e) to confer honorary degrees or other distinctions in the manner prescribed;

(f) to provide education and training including correspondence and such other

courses, to such persons who are not members of the University, as it may determine;

(g) to institute Directorships, Professorships, Associate Professorships,

Readerships, Assistant Professorships, Lecturerships and other teaching or academic

posts required by the University and to make appointments for the same;

(h) to create administrative, ministerial and other posts and to make

appointments thereto;

(i) to appoint or engage persons of eminence working in any other University

or Organisation permanently or for a specifi ed period;

(j) to co-operate, collaborate or associate with any other University or Authority

or Institution in India and abroad in such manner and for such purpose as the University

may determine;

(k) to establish and maintain schools, centres, specialised laboratories or other

units for research and instructions as are in the opinion of the University, necessary for

the furtherance of its objects;

(l) to institute and award fellowships, scholarships, studentships, medals and

prizes;

(m) to establish and maintain and supervise residences, hostels within the

University and promote the health and general welfare activities for students and staff;

(n) to make provisions for research and consultancy, and for that purpose to

enter into such arrangements with other institutions or bodies as the University may

deem necessary;

(o) to declare a centre, an institution, a department, or school, as the case

may be, in accordance with the Statutes;

(p) to determine standards for admission into the University, which may

include examination, evaluation or any other method of testing;

(q) to prescribe, demand and receive payment of fees and other charges;

(r) to make such arrangements in respect of the residence, discipline and

teaching of women and other disadvantaged students as the University may deem fi t;

(s) to regulate and enforce discipline amongst the employees and students

of the University and take such disciplinary measures in this regard as may deem

necessary by the University;

(t) to make arrangements for promoting the health and general welfare of the

employees of the University;

(u) to receive donations and to acquire, hold, manage and dispose through

sale or lease or rent of any property, movable or immovable for the welfare of the

University;

(v) to borrow without security or by way of hypothecation or mortgage against

the property of the University with the approval of the Trust;

(w) to appoint either on contract or otherwise, visiting professors, emeritus

professors, consultants, fellows, scholars, artists, course writers and such other persons

who may contribute to the advancement of the objects of the University;

(x) to organise and to undertake extra-mural studies and extension service;

(y) to do all such other acts and things as may be necessary, incidental or

conducive to the attainment of all or any of the objects of the University.

Admission and

9. (1) The University shall, subject to the provisions of this Act and the relevant

Standards.

Statutes and Regulations of the University Grants Commission and other statutory

authorities, as the case may be, be open to all persons.

(2) Nothing contained in sub-section (1) shall require the University,—

(a) to admit to any course of study any person who does not possess the

prescribed academic qualifi cation or standard;

(b) to retain on the rolls of the University any student whose academic

record is below the minimum standard required for the award of a degree or other

academic distinction;

(c) to admit any person or retain any student whose conduct is prejudicial

to the interest of the University or the rights and privileges of other students and teachers;

or

(d) to retain on rolls of the University any student who fails to remit

necessary fees as prescribed for the course.

(3) Subject to the provisions of sub-sections (1) and (2) and the standard

admission process of the University as may be prescribed, the University shall reserve

thirty-fi ve percentage of seats in each course of study for Resident students of

Tamil Nadu.

(4) Admission of students to thirty-fi ve percentage of seats reserved for

resident students of Tamil Nadu under sub-section (3) shall be made following the

reservation as per law in force.

Explanation.— For the purpose of this section "Resident student of

Tamil Nadu" means,—

(i) a student who or either of whose parents has resided in the State of

Tamil Nadu for a period of not less than fi ve years preceding the qualifying examination;

or

(ii) a student who has studied in any one of the educational institutions in

the State of Tamil Nadu for a period of not less than fi ve years leading to the qualifying

examination.

10. The following shall be the offi cers of the University, namely :— Offi cers of the

University.

(a) the Chancellor;

(b) the Vice-Chancellor;

(c) the Pro-Vice-Chancellor;

(d) the Registrar;

(e) the Deans and Directors;

(f) the Finance Offi cer;

(g) the Controller of Examinations; and

(h) such other persons as may be declared by the Statutes to be offi cers of the

University.

11. (1) The Chancellor shall be appointed by the management committee of the The Chancellor.

Trust for a period of three years, as may be prescribed.

(2) The Chancellor shall, by virtue of his offi ce, be the Head of the University

and shall constitute an interim Executive Council. The interim Executive Council so

constituted shall cease to exist on the constitution of the Executive Council under

section 21.

(3) The Chancellor may in writing under his hand addressed to the Management

Committee of the Trust, resign his offi ce.

12. (1) The Vice-Chancellor shall be appointed by the Chancellor in such manner Vice-Chancellor.

as may be prescribed, for a period of three years.

(2) The Vice-Chancellor shall exercise such powers and perform such other

functions as may be prescribed.

13. (1) The Pro-Vice-Chancellor shall be appointed by the Executive Council in Pro-Vice- such manner as may be prescribed.

Chancellor.

(2) The Pro-Vice-Chancellor shall exercise such powers and perform such

other functions as may be prescribed.

14. (1) The Registrar shall be a whole-time salaried offi cer of the University. The Registrar.

terms of appointment and conditions of services shall be such as may be prescribed.

(2) The holder of the post of Registrar shall possess the qualifi cations

prescribed by the University Grants Commission.

(3) The Registrar shall have the power to enter into agreements, sign

documents and authenticate records on behalf of the University and shall exercise such

other powers and perform such other functions as may be prescribed.

(4) The Registrar shall be the ex-offi cio Secretary of the Executive Council

and the Academic Council.

15. Every Dean and every Director shall be appointed in such manner and shall Deans and exercise such powers and perform such duties as may be prescribed.

Directors.

Finance Offi cer. 16. (1) The Finance Offi cer shall be appointed in such manner and shall exercise

such powers and perform such functions as may be prescribed.

(2) The Finance Offi cer shall be the ex-offi cio Secretary of the Finance

Committee.

Controller of

17. (1) The Controller of Examinations shall be a whole-time offi cer of the University

Examinations. appointed for such period and on such terms and conditions as may be prescribed.

(2) The Controller of Examinations shall exercise such powers and perform

such duties as may be prescribed.

Other Offi cers. 18. The manner of appointment and powers and duties of the other offi cers of the

University shall be such as may be prescribed.

Authorities of the

19. The following shall be the authorities of the University :—

University.

(a) the Governing Council;

(b) the Executive Council;

(c) the Academic Council;

(d) the Finance Committee;

(e) the Planning Board;

(f) such other authorities as may be declared by the Statutes to be authorities

of the University.

The Governing

20. (1) The constitution of the Governing Council and the term of offi ce of its

Council.

members shall be as may be prescribed.

(2) Subject to the provisions of this Act, the Governing Council shall have the

following powers and functions, namely:—

(a) to review from time to time, the broad policies and programmes of the

University and suggest measures for the working, improvement and development of the

University;

(b) to consider and pass resolutions on the Annual Report and Annual

Accounts of the University and Audit Report of such accounts;

(c) to advise the Chancellor in respect of any matter which may be

referred to it for advice; and

(d) to perform such other functions as may be prescribed.

The Executive

21. (1) The Executive Council shall be the chief executive body of the University.

Council.

(2) The Executive Council shall consist of not more than twelve members of

whom two members shall be : --

(a) The Secretary to Government in-charge of Higher Education

Department, ex-offi cio;

(b) The Director of Collegiate Education, ex-offi cio;

and the remaining members may be appointed in such manner as may

be prescribed.

(3) The powers and functions of the Executive Council, shall be such as may

be prescribed.

The Academic 22. (1) The Academic Council shall be the principal academic body of the University

Council.

and shall subject to the provisions of the Statutes, the Ordinances and the applicable

regulations, co-ordinate and exercise general supervision over the academic policies of

the University.

(2) The constitution of the Academic Council, the term of offi ce of its members

and its powers and functions shall be such as may be prescribed.

23. (1) The Finance Committee shall be the principal fi nancial body of the University The Finance to take care of the fi nancial matters.

Committee.

(2) The constitution of the Finance Committee, the term of offi ce of its

members and its powers and functions shall be such as may be prescribed.

The Planning 24. (1) The Planning Board shall be the principal planning body of the University.

Board.

The Planning Board shall ensure that the infrastructure and academic support system

meets the norms of the applicable statutory authorities.

(2) The constitution of the Planning Board, the term of offi ce of its members

and its powers and functions shall be such as may be prescribed.

Board of 25. The constitution, powers and functions of the Boards of Faculties, the Admission

Faculties, Committee, the Examination Committee and of such other authorities of the University

Admission which may be declared by the Statutes to be authorities of the University shall be such

Committee, as may be prescribed.

Examination

Committee

and other

Authorities of

the University.

26. (1) The Executive Council shall make the Statutes for carrying out the purposes Power to make of this Act, subject to the approval of the Management Committee.

Statutes.

(2) Subject to the provisions of this Act, the Statutes may provide for all or any

of the following matters, namely:—

(a) the constitution, powers and functions of the authorities of the

University, as may be constituted from time to time;

(b) the appointment and continuance in offi ce of the members of the said

authorities, fi lling up of vacancies of members and all other matters relating to those

authorities for which it may be necessary to provide;

(c) the appointment, powers and duties of the offi cers of the University

and their emoluments;

(d) the appointment of teachers of the University and other academic

and administrative staff and their emoluments;

(e) the appointment of teachers and other academic and administrative

staff working in the University or Institution for specifi c period for undertaking a joint

project;

(f) the conditions of service of employees including provisions for

retirement benefi ts, insurance and provident fund, the manner of termination of service

and disciplinary actions;

(g) the principles governing seniority of service of employees;

(h) the procedure for settlement of disputes between employees or

students and the University;

(i) the procedure for appeal to the Executive Council by any employee or

students against the action of any offi cer or other authority of the University;

(j) the conferment of honorary degrees;

(k) the withdrawal of degree, diploma, certifi cate and other academic

distinction;

(/) the institution of fellowships, scholarships, studentships, medals and

prizes;

(m) the maintenance of discipline among the students;

(n) the establishment and abolition of Department, Centres and other

institutions;

(o) the delegation of powers vested in the authorities or offi cers of the

University; and

(p) all other matters, which may by this Act are to be or may be prescribed.

(3) The Executive Council shall not make, amend or repeal any Statute

affecting the powers or constitution of any authority of the University until such authority

has been given an opportunity of expressing an opinion in writing on the proposed

changes, and any opinion so expressed shall be considered by the Executive Council.

Statutes, how

27. (1) The Executive Council may, from time to time, make statutes and amend or

made.

repeal the statutes in the manner hereinafter provided in this section.

(2) A statute or an amendment to, or repeal of, a statute passed by the

Executive Council shall be submitted to the Management Committee who may assent

thereto or withhold its assent. A statute or an amendment to, or repeal of, a statute

passed by the Executive Council shall have no validity until it has been assented to by

the Management Committee.

Power to make

28. Subject to the provisions of this Act and the Statutes, the Ordinances shall be

Ordinances. made by the Executive Council, subject to the approval of the Management Committee,

which may provide for all or any of the following matters, namely:—

(a) the admission of students to the University and their enrolment as such;

(b) the courses of study to be laid down for all degrees, diplomas and

certifi cates of the University;

(c) the medium of instruction and examination;

(d) the award of degree, diploma, certifi cate and other academic distinctions,

the qualifi cation for the same and the matters to be taken relating to the granting and

obtaining of the same;

(e) the fees to be charged for courses of study in the University and for

admission to the examinations, degrees, diplomas and certifi cates of the University;

(f) the conditions for the award of fellowships, scholarships, studentships,

medals and prizes;

(g) the conduct of examinations, including the term of offi ce and manner of

appointment and the duties of examining bodies, examiners and moderators;

(h) the conditions of residence of the students of the University;

(i) the special arrangements, if any, which may be made for the residence,

discipline and teaching of women students and prescribing of special courses of studies

for them within the University;

(j) the appointment and emoluments of employees other than those for whom

provision has been made in the Statutes;

(k) the establishment of Centre of Studies, Boards of Studies, Interdisciplinary

Studies, Special Centres, Specialised Laboratories and other Committee;

(l) the manner of co-operation and collaboration with other Universities and

authorities including learned bodies or association;

(m) the creation, composition and functions of any other body which is

considered necessary for improving the academic mileage of the University;

(n) the remuneration to be paid to the examiners, moderators, invigilators and

tabulators;

(o) such other terms and conditions of service of teachers and other academic

staff as are not prescribed by the Statutes.

29. (1) In making Ordinances, the Executive Council shall consult the Management Ordinances, how Committee.

made.

(2) All Ordinances made by the Executive Council shall have effect from such

date as it may direct.

Annual Report.

30. (1) The annual report of the University shall be prepared under the direction of

the Executive Council and shall be submitted to the Governing Council on or after such

date as may be prescribed and the Governing Council shall consider the report in its

annual meeting.

(2) The Governing Council shall submit the annual report to the Chancellor

along with its comments, if any.

Annual Accounts.

31. (1) The annual accounts and balance sheet of the University shall be prepared

under the directions of the Executive Council and shall, once at least every year and at

Central Act

intervals of not more than fi fteen months, be audited by an experienced and qualifi ed

XXXVIII of

fi rm of Chartered Accountant eligible for conducting audit as per the provisions of the

1949.

Chartered Accountant Act, 1949.

(2) A copy of the annual accounts, together with the audit report thereon, shall

be submitted to the Governing Council and the Chancellor along with the observations

of the Executive Council for their approval.

32. (1) Every employee of the University shall be appointed or engaged as per the Conditions of provisions of the Statutes.

service of

employees.

(2) Any dispute arising between the University and any of the employees

appointed substantively, shall be referred to the Vice-Chancellor who shall decide the

dispute after affording an opportunity to the employee within three months from the date

of its reference.

(3) The aggrieved employee may fi le an appeal against the decision of the

Vice-Chancellor to the Chancellor. The decision of the Chancellor in such an appeal

shall be fi nal.

(4) Any dispute in respect of any employee engaged temporarily or on ad-

hoc or part-time or casual basis shall be heard and decided fi nally by the Head of the

Department concerned.

Admission to 33. (1) (a) No person shall be admitted to a course of study in the University for

University admission to the examinations for degrees, titles or diplomas of the University unless

Courses and he,—

Examinations.

(i) has passed the examination prescribed therefor; and

(ii) fulfi lls such other academic conditions as may be prescribed.

(b) Every candidate for a University examination shall, unless exempted

from the provisions of this sub-section by a special order of the Executive Council

made on the recommendation of the Academic Council, be enrolled as a member of

the University. Any such exemption may be made subject to such conditions as the

Executive Council may think fi t.

(2) No candidate shall be admitted to any University examination unless he

is enrolled as a member of the University, and has satisfi ed the requirements as to the

attendance required for the same or unless he is exempted from such requirements of

enrolment or attendance or both by an order of the Executive Council passed on the

recommendation of the Academic Council. Exemptions granted under this section shall

be subject to such conditions as the Executive Council may think fi t.

(3) Any student or candidate for an examination, whose name has been

removed from the rolls of the University by the orders or recommendation of the

Academic Council or Controller of Examinations, as the case may be, and who has

been debarred from appearing at the examinations for more than one year, may within

ten days of the date of receipt of such order, appeal to the Vice-Chancellor to nullify the

decision of the aforesaid authorities.

(4) Any decision taken by the Vice-Chancellor in this regard shall be fi nal.

34. The University may constitute for the benefi t of its employees such pension or

Employees

welfare schemes or provident fund or provide such insurance schemes as it may deem

provident fund

fi t in such manner and subject to such conditions as may be decided by the Executive

and pensions.

Council.

35. If any question arises as to whether any person has been duly nominated

Disputes as to

or appointed as or is entitled to be a member of any authority or other body of the

the constitution

University, the matter shall be referred to the Chancellor whose decision thereon shall

of Authorities

be fi nal.

and bodies.

Constitution of

36. Where any authority of the University is given power under this Act or the

Committees. Statutes to constitute Committees, such Committees shall as otherwise provided,

consist of the members of the authority concerned and of such other persons as the

authority in each case may think fi t.

Filling up of the

37. All vacancies among the members of any authority or other body of the University

Vacancies.

shall be fi lled as soon as may be convenient by the person or body who appointed or

nominated the members whose place has become vacant for the remaining term for

which he has been appointed or nominated.

38. No act or proceeding of any authority or other body of the University shall be

Proceedings

invalidated merely by reason of the existence of a vacancy or of any defect or irregularity

of University

in the nomination of a member of any authority or other body of the University or of any

authorities and

defect or irregularity in such act or proceeding not affecting the merits of the case or

bodies not to

on the ground that the authority or other body of the University, did not meet at such

be invalidated

intervals as required under this Act.

by vacancies.

Removal from

39. (1) The Executive Council may, remove by an order in writing made in this

behalf, any person from membership of any authority of the University by a resolution

membership of

passed by a majority of the total members of the Executive Council and by a majority of

University.

not less than two-thirds of the members of the Executive Council present and voting at

the meeting, if such person has been convicted by the Court for an offence which in the

opinion of the Executive Council involves moral turpitude.

(2) The Executive Council 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 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 made under sub-section (1) or sub-section (2), as

the case may be, shall as soon as may be after it is so made, be communicated to the

person concerned in the manner prescribed.

Mode of proof 40. A copy of any receipt, application, notice, proceeding, resolution of any authority

of University or Committee of the University or other documents in possession of the University, if

records.

certifi ed by the Registrar, shall be received as prima facie evidence of such receipt,

applications, notice, order, proceeding or resolution, documents or the existence of

entry in the register and shall be admitted as evidence of the matters and transaction

therein where the original would, if produced have been admissible in evidence.

41. (1) The Trust shall establish a permanent endowment fund of at least rupees Permanent fi fty crores.

Endowment

Fund.

(2) The University shall have the power to invest the permanent endowment

fund in such manner as may be prescribed.

(3) The University may transfer any amount from the general fund or the

development fund to the permanent endowment fund.

(4) Any amount exceeding the minimum amount specifi ed in sub-section

(1) may be withdrawn from the permanent endowment fund by the University for the

purposes of development of the University.

42. (1) The University shall establish a general fund to which the following amount General Fund.

shall be credited, namely:—

(a) all fees which may be charged by the University;

(b) all sums received from any other source;

(c) all contributions made by the Trust; and

(d) all contributions made in this behalf by any other person or body

which are not prohibited by any law for the time being in force.

(2) The moneys credited to the general fund shall be applied to meet all the

recurring expenditures of the University.

43. (1) The University shall also establish a development fund to which the following Development moneys shall be credited, namely:—

Fund.

(a) development fees, which may be charged from students;

(b) all sums received from other sources for the purpose of the

development of the University;

(c) all contributions made by the Trust;

(d) all contributions made in this behalf by any other person or body

which are not prohibited by any law for the time being in force; and

(e) all incomes received from the permanent endowment fund.

(2) The moneys credited to the development fund from time to time shall be

utilised for the development of the University.

Maintenance of

44. The funds established under sections 41, 42 and 43 shall subject to general

Fund.

supervision and control of the Governing Council, be regulated and maintained in such

manner as may be prescribed.

45. (1) It shall be the duty of the University or any authority or offi cer of the University

Power of

to furnish such information or records relating to the administration or fi nance and other

Government

affairs of the University as the Government may call for.

to call for

information and

(2) The Government, if it is of the view that there is a violation of the Act or the

records.

Statutes or Ordinances made thereunder, may issue such directions to the University

under section 49 as it may deem necessary.

Dissolution of

46. (1) If the University proposes its dissolution for any reason, it shall give at least

University.

six months written notice to the Government.

(2) On receipt of notice referred to in sub-section (1), the Government shall

make such arrangement for administration of the University from the date of dissolution

of the University and until the last batch of students in regular courses of studies of the

University complete their courses or studies in such manner as may be prescribed.

47. (1) The expenditure for administration of the University during the process of its

Expenditure of

the University dissolution under section 46 shall be met out from the permanent endowment fund, the

general fund and the development fund.

during

dissolution.

(2) If the funds referred to in sub-section (1) are not suffi cient to meet

the expenditure of the University, such expenditure may be met by disposing of the

properties or assets of the University by the Government.

48. (1) Where the Government receives a complaint with material and substantial

Derecognition of

allegation that the University is not functioning in accordance with the provisions of this

the University

Act, it shall require the University to show cause within such time, which shall not be

by the

less than two months referring a copy of the complaint as to why the University should

Government.

not be derecognised.

(2) If, upon receipt of the reply of the University to the notice given under sub-

section (1), the Government is satisfi ed that a prima facie case of mismanagement or

violation of the provisions of this Act in the functioning of the University is made out, it

shall order such enquiry as it deems necessary.

(3) For the purposes of an inquiry under sub-section (2), the Government shall

by notifi cation, appoint an offi cer or authority as the enquiring authority to enquire into

the allegations of violation of the provisions of this Act.

(4) Every inquiring authority appointed under sub-section (3) shall while

performing its functions under this Act have all the powers of Civil Court under the Code

Central Act V of of Civil Procedure, 1908 trying a suit and in particular in respect of the following matters,

1908. namely:—

(a) summoning and enforcing the attendance of any witness and

examining him on oath;

(b) requiring the discovery and production of any document;

(c) requisitioning any public record or copy thereof from any offi ce;

(d) receiving evidence on affi davits;

(e) any other matter which may be prescribed.

(5) If, upon receipt of the inquiry report, the Government is satisfi ed that the

University has violated any provisions of this Act, it shall direct the University to make

necessary improvement and suggest for proper implementation of the provisions of this

Act.

(6) If it is observed that the University is violating the Act continuously for

three times, the Government may, by notifi cation, derecognise the University with prior

approval of the University Grants Commission and other statutory authorities.

(7) During the process of derecognition under sub-section (6), the Government

may utilise the permanent endowment fund, the general fund or the development fund

for the purpose of the management of the affairs of the University. If the funds of the

University are not suffi cient to meet the requisite expenditure of the University, the

Government may dispose of the assets or the properties of the University to meet the

said expenses.

Power of the 49. The Government may issue such directions, from time to time, to the University

Government to on policy matters not inconsistent with the provisions of this Act as it may deem

issue directions necessary. Such directions shall be complied with by the University.

on policy

matters.

Status of Assets, 50. All assets and properties including permanent endowment fund, general fund,

Liabilities on development fund or any other fund and also the liabilities of the University shall belong

Dissolution or to the Trust in case of dissolution or derecognition of the University.

derecognition.

51. (1) If any diffi culty arises as to the constitution or reconstitution of any authority Power to remove

diffi culties.

of the University or in giving effect to the provisions of this Act, the Government may, by

notifi cation, make such provision, not inconsistent with the provisions of this Act, as may

appear to them to be necessary or expedient for removing the diffi culty:

Provided that no such notifi cation shall be issued after the expiry of two years

from the date of commencement of this Act.

(2) Every notifi cation issued under sub-section (1) or under any other

provisions of this Act shall, as soon as possible after it is issued, be placed on the table of

the Legislative Assembly, and if, before the expiry of the session in which it is so placed

or the next session, the Assembly makes any modifi cation in any such notifi cation or

the Assembly decides that the notifi cation should not be issued, the notifi cation shall

thereafter have effect only in such modifi ed form or be of no effect, as the case may be,

so, however, that any such modifi cation or annulment shall be without prejudice to the

validity of anything previously done under that notifi cation.

(By Order of the Governor)

S.S. POOVALINGAM,

Secretary to Government,

Law Department.

PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU