256-Ex-IV-2—1

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

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

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2018

[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

[195 ]

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

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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:—

Short title and

commence-

ment.

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

(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;

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;

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197

256-Ex-IV-2—1a

(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

of 1882.

(s) “Trust” means the SSN Trust registered under the Indian Trusts Act,

1882;

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

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

Nadar University, with its principal seat at Kalavakkam.

Establish-

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;

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

Commence-

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.

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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;

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

international understanding and ethics.

Powers of the

University.

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

(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;

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;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

199

(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.

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.

Admission

and

Standards.

(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;

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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

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.

Ofﬁ cers of the

University.

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

(a) the Chancellor;

(b) the 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

Chancellor.

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

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-

Chancellor.

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

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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

201

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

in such manner as may be prescribed.

Pro-Vice-

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

prescribed.

Registrar.

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

Deans and

Directors.

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.

Finance

Ofﬁ cer.

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

Committee.

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.

Controller of

Examina-

tions.

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

perform such duties as may be prescribed.

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

of the University shall be such as may be prescribed.

Other

Ofﬁ cers.

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

Authorities

of the

University.

(a) the Governing Council;

(b) the Executive 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.

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

members shall be as may be prescribed.

The

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;

202

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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

Annual Accounts of the University and Audit Report of such accounts;

referred to it for advice; and

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

The Executive

Council.

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

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.

The Finance

Committee.

23. (1) The Finance Committee shall be the principal ﬁ nancial body of the

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

Faculties,

Admission

Committee,

Examination

Committee

and other

Authorities

of the Uni-

versity.

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.

Power to

make

Statutes.

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.

(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;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

203

(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;

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.

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

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

Statutes, how

made.

(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.

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:—

Power to

make Ordi-

nances.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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;

(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.

Ordinances,

how made.

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

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.

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205

(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.

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.

Employees

provident

fund and

pensions.

206

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Disputes

as to the

constitution

Authorities

and bodies.

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.

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

of University

authorities

and bodies

not to be

invalidated

vacancies.

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.

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

Endowment

Fund.

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

rupees ﬁ fty crores.

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

endowment fund in such manner as may be prescribed.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

207

(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.

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

amount shall be credited, namely:—

General

Fund.

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

(b) all sums received from any other source;

(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 moneys shall be credited, namely:—

Development

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;

(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.

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.

Maintenance

of Fund.

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.

Power of

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

least six months written notice to the Government.

Dissolution of

University.

(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.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Expenditure

of the

University

during

dissolution.

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.

(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.

(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:—

Central Act V

of 1908.

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

examining him on oath;

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

(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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

209

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.

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.

Status of

Assets,

Liabilities

Dissolution

de-

recognition.

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:

Power to

remove

difﬁ culties.

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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

211

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) 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;

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;

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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

registered under the Indian Trusts Act, 1882;

Central Act 2 of

1882.

(t) “University” means the Sai University established under section 3.

Establishment of

the University.

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

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.

Conditions for the

establishment

of the

University.

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;

(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;

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.

Commencement

of the

University.

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

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

(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.

Grants and

Financial

Assistance.

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.

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

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,—

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

213

(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;

(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;

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;

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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

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;

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

(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,—

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

215

(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;

(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;

(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

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

The Chancellor.

(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

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

Vice-Chancellor.

(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

such manner as may be prescribed.

Pro-Vice-

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

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

Registrar.

(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

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

Deans and

Directors.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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

Examinations.

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 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

University.

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

(a) the Governing Council;

(b) the Executive 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

Council.

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

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;

referred to it for advice; and

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

The Executive

Council.

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

(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.

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217

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.

The Academic

Council.

(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

to take care of the ﬁ nancial matters.

The Finance

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.

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.

The Planning

Board.

(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.

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.

Board of

Faculties,

Admission

Committee,

Examination

Committee

and other

Authorities of

the University.

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;

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;

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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

made.

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

Ordinances.

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;

(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;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

219

(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

Committee.

Ordinances, how

made.

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

date as it may direct.

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.

Annual Report.

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

along with its comments, if any.

Central Act

XXXVIII of

1949.

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 eligible for conducting audit as per the provisions of the

Chartered Accountant Act, 1949.

Annual Accounts.

(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

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

Examinations.

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(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 as to

the constitution

of Authorities

and bodies.

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.

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

of University

authorities and

bodies not to

be invalidated

by vacancies.

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.

Removal from

membership of

University.

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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

221

(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.

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.

Mode of proof

of University

records.

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

ﬁ fty crores.

Permanent

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

shall be credited, namely:—

General Fund.

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

(b) all sums received from any other source;

(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

moneys shall be credited, namely:—

Development

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;

(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.

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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

Government

to call for

information and

records.

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.

(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.

Dissolution of

University.

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

the University

during

dissolution.

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.

(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.

Derecognition of

the University

by the

Government.

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.

(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;

Central Act V of

1908.

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

(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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

223

(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

Government to

issue directions

on policy

matters.

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.

Status of Assets,

Liabilities on

Dissolution or

derecognition.

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:

Power to remove

difﬁ culties.

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