BILLS - No. 5 of 2021 - No. 5 of 2021 (English)

© GOVERNMENT OF TAMIL NADU 2021

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

[R. Dis. No. 197/2009.

[Price: Rs. 17.60 Paise.

No. 68] CHENNAI, FRIDAY, FEBRUARY 5, 2021 Thai 23, Saarvari, Thiruvalluvar Aandu-2052

Part IV—Section 1

Tamil Nadu Bills

CONTENTS

Pages.

BILLS:

No. 5 of 2021—The Indian Penal Code (Tamil Nadu Amendment) Act, 2021 .. .. .. 20-22 No. 6 of 2021— The Dr J Jayalalithaa University Act, 2021 .. .. .. .. .. .. 23-58 No. 7 of 2021— The Tamil Nadu Dr. M.G.R. Medical University, Chennai (Amendment) Act, 2021. .. 59-60 No. 8 of 2021— The Tamil Nadu Goods and Services Tax (Amendment) Act, 2021 .. .. .. 61-62

[19]

Ex-IV-1-68—1E20 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

BILLS INTRODUCED IN THE LEGISLATIVE ASSEMBLY OF THE

STATE OF TAMIL NADU

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill which was introduced in the Legislative Assembly of the State of Tamil Nadu on 5th February, 2021 is published together with Statement of Objects and Reasons for general information:—

L.A. Bill No. 5 of 2021

A Bill further to amend the Indian Penal Code, 1860 in its

application to the State of Tamil Nadu.

B(cid:3469) it enacted by the Legislative Assembly of the State of Tamil Nadu in the Seventy-second Year of the Republic of India as follows:—

Short title, extent and 1. (1) This Act may be called the Indian Penal Code

commencement. (Tamil Nadu Amendment) Act, 2021.

(2) It extends to the whole of the State of Tamil Nadu.

(3) It shall come into force on such date as the State

Government may, by notifi cation, appoint.

Amendment of

Central Act XLV of section 304-B.

1860. 2. In section 304-B of the Indian Penal Code (hereinafter referred to as the principal Act), in sub-section (2), for the expression "seven years", the expression "ten years" shall be substituted.

Amendment of

section 354-B.

3. In section 354-B of the principal Act, for the expressions "three years" and "seven years", the expressions "fi ve years" and "ten years" shall, respectively, be substituted.

Amendment of

section 354-D.

4. In section 354-D of the principal Act, in sub-section (2), for the expression "fi ve years", the expression "seven years" shall be substituted.

Amendment of

section 372.

5. In section 372 of the principal Act, for the expression "which may extend to ten years,", the expression "which shall not be less than seven years, but which may extend to imprisonment for life" shall be substituted.

Amendment of

section 373.

6. In section 373 of the principal Act, for the expression "which may extend to ten years,", the expression "which shall not be less than seven years, but which may extend to imprisonment for life" shall be substituted.

STATEMENT OF OBJECTS AND REASONS

The Hon'ble Chief Minister made an announcement on the 16th September 2020 under rule 110 of the Tamil Nadu Legislative Assembly Rules that, in order to enhance the punishment for offences committed against women and children, action would be taken to amend the provisions contained in sections 304-B, 354-B, 354-D, 372 and 373 of the Indian Penal Code, in its application to the State of Tamil Nadu. To give effect to the said announcement, the Government have decided to amend the Indian Penal Code (Central Act XLV of 1860) suitably for the purpose.

2. The Bill seeks to give effect to the above decision.

C.Ve. SHANMUGAM, Minister for Law, Courts and Prisons.

Chennai-600 009, 5th February 2021.

K. SRINIVASAN, Secretary.

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill which was introduced in the Legislative Assembly of the State of Tamil Nadu on 5th February, 2021 is published together with Statement of Objects and Reasons for general information:—

L.A. Bill No. 6 of 2021

DR. J. JAYALALITHAA UNIVERSITY BILL, 2021.

Arrangement of clauses.

CHAPTER I.

PRELIMINARY.

1. Short title, extent, application and commencement.

2. Defi nitions.

CHAPTER II.

THE UNIVERSITY.

3. The University.

4. Objects and powers of University.

5. Colleges not to be affi liated to any other University and recognition of institutions by University.

6. Admission to University.

7. Visitation.

CHAPTER III.

OFFICERS OF UNIVERSITY.

8. Offi cers of University.

9. Chancellor.

10. Pro-Chancellor.

11. Vice-Chancellor.

12. Powers and duties of Vice-Chancellor.

13. Registrar.

14. Dean.

15. Finance Offi cer.

16. Controller of Examinations.

17. Librarian.

CHAPTER IV.

AUTHORITIES OF UNIVERSITY.

18. Authorities of University.

19. Disqualifi cation for membership.

20. Disqualifi cation for election or nomination to Academic Council and Syndicate in certain cases.

21. Syndicate.

22. Powers of Syndicate.

23. Meetings of Syndicate.

24. Academic Council.

25. Powers and functions of Academic Council.

26. Meetings of Academic Council.

27. Finance Committee.

28. Planning Board.

29. Boards of Studies.

30. Constitution and functions of faculties.

31. Constitution of other authorities.

CHAPTER V.

STATUTES, ORDINANCES AND REGULATIONS.

32. Statutes.

33. Statutes, how made.

34. Ordinances.

35. Ordinances, how made.

36. Regulations, how made.

CHAPTER VI.

ADMISSION AND RESIDENCE OF STUDENTS.

37. Admission to University courses.

38. Admission to University examinations.

39. Attendance qualifying for University examinations.

40. Residence and hostels.

CHAPTER VII.

UNIVERSITY FUNDS.

41. General Fund.

42. Other Funds.

43. Management of Funds.

44. Annual report.

45. Annual accounts.

CHAPTER VIII.

CONDITIONS OF SERVICE.

46. Pension, gratuity, etc.

47. Conditions of service.

48. Selection Committees.

49. Terms and conditions of service of Heads of Departments.

50. Constitution of committees.

CHAPTER IX.

TRANSFER OF COLLEGES.

51. Transfer of certain colleges to the University.

52. Transfer of service of certain employees of Thiruvalluvar University to the University.

CHAPTER X.

TRANSITORY PROVISIONS.

53. Appointment of fi rst Vice-Chancellor.

54. Appointment of fi rst Registrar.

55. Transitory powers of fi rst Vice-Chancellor.

CHAPTER XI.

MISCELLANEOUS.

56. Filling of casual vacancies.

57. Proceedings of the University, authority and bodies not invalidated by vacancies.

58. Removal from membership of University.

59. Disputes as to constitution of University authorities and bodies.

60. Power to obtain information.

61. Transfer of accumulations in provident fund and other like funds.

62. Payment of certain amounts by Thiruvalluvar University.

63. Tamil Nadu Act 32 of 2002 not to apply.

64. Registration of graduates.

65. Special mode of appointment.

66. Report on affi liated colleges.

67. Power to remove diffi culties.

68. Power of Government to issue directions.

69. Removal of doubts.

70. Amendment to 2002 Act.

"THE SCHEDULE.

A Bill to provide for the establishment and incorporation of a University

at Villupuram.

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

Seventy-second Year of the Republic of India as follows:—

CHAPTER – I.

PRELIMINARY.

1. (1) This Act may be called the Dr J Jayalalithaa University Act, 2021. Short title, extent,

application and

commence-

ment.

(2) It extends to the area comprising the districts of Villupuram and

Kallakurichi and the district of Cuddalore except the areas specifi ed under sub-

section (2) of section 1 of the Annamalai University Act, 2013 (Tamil Nadu Act 20

of 2013) in the State of Tamil Nadu.

(3) It applies to all colleges and institutions situate within the

University area and maintained by, affi liated to, or approved by, the University

in accordance with the provisions of this Act and the statutes, ordinances and

regulations made thereunder and also to all colleges and institutions deemed to

be affi liated to, or approved by, the University under this Act.

(4) It shall come into force on such date as the Government may, by

notifi cation, appoint.

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

(a) "affi liated college" means any college or institution situate within

the University area and affi liated to the University and providing courses of study

for admission to the examinations for degrees of the University and includes a

college or institution deemed to be affi liated to the University under this Act and an

autonomous college;

(b) "appointed date" means the date specifi ed in the notifi cation issued

under sub-section (4) of section 1;

(c) "approved college" means any college or institution situate within the

University area and approved by the University and providing courses of study

for admission to the examinations for titles and diplomas of the University and

includes a college or institution deemed to be approved by the University under

this Act;

(d) "autonomous college" means any affi liated college designated as an

autonomous college by the statutes;

(e) "college" means any college or institution maintained or approved

by, or affi liated to, the University and providing courses of study for admission

to the examinations for degrees, diplomas or other academic distinctions of the

University;

(f) "Government college" means every college and institution specifi ed

in the Schedule;

(g) "Government" means the State Government;

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

maintained or recognised by the University in accordance with the provisions

of this Act and includes a hostel deemed to be recognised by the University

under this Act;

(i) "post-graduate college" means a University college or an affi liated

college situate within the University area and providing post-graduate courses of

study leading upto the post-graduate degrees of the University;

(j) "prescribed" means prescribed by the statutes, ordinances or

regulations;

(k) "Principal" means the head of a college;

(l) "Schedule" means the Schedule appended to this Act;

(m) "statutes" "ordinances" and "regulations" means, respectively the

statutes, ordinances and regulations of the University made or continued in force

under this Act;

(n) "teachers" means such Assistant Professors, Associate Professors,

Professors and other persons giving instruction, in University colleges or

laboratories, in affi liated or approved colleges, or in hostels, and librarians as may

be declared by the statutes to be teachers;

(o) "teachers of the University" means persons appointed by the

University to give instruction on its behalf;

(p) "University" means the Dr J Jayalalithaa University;

(q) "University area" means the area comprising the districts of

Villupuram, Cuddalore and Kallakurichi in the State of Tamil Nadu;

(r) "University centre" means any area within the University area

containing one or more departments or colleges competent to engage in higher

teaching and research work;

(s) "University college" means a college located within or outside the

University campus and established or maintained by the University for providing

courses of study qualifying students for admission to the examination in accordance

with the regulations;

(t) "UGC" means the commission established under section 4 of the Central Act 30 of University Grants Commission Act, 1956;

1956. (u) "University laboratory" means laboratory maintained by the University

whether instituted by it or not, and intended for the carrying on and advancement

of research work;

(v) "University Assistant Professor", "University Associate Professor"

or University Professor" means a Assistant Professor, or Associate Professor

or Professor respectively, appointed or deemed to be appointed as such by

the University in the University departments, University colleges and University

centres;

(w) "University library" means a library maintained by the University,

whether instituted by it or not.

CHAPTER II.

THE UNIVERSITY.

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

Dr J Jayalalithaa University.

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

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

(3) The headquarters of the University shall be located within the limits

of the Villupuram Municipality or in any place within the radius of twenty-fi ve

kilometers around those limits.

4. The University shall have the following objects and powers, namely:—

Objects and

powers of

(1) to provide for instruction and training in such branches of learning as

University.

it may determine;

(2) to provide for research and for the advancement and dissemination

of knowledge;

(3) to institute degrees, titles, diplomas and other academic distinctions;

(4) to hold examinations and to confer degrees, titles, diplomas and

other academic distinctions on persons who—

(a) shall have pursued an approved course of study in a University

college or laboratory or in an affi liated or approved college, unless exempted

therefrom in the manner prescribed by the statues and shall have passed the

prescribed examinations of the University; or

(b) shall have carried on research under conditions prescribed;

(5) to confer degrees, titles, diplomas and other academic distinctions on

persons who shall have pursued an approved course of study in an autonomous

college;

(6) to hold examinations and to confer degrees, titles, diplomas and

other academic distinctions on persons who shall have pursued an approved

course of study by correspondence, whether residing within the University area or

not and to provide such lectures and instructions for persons not being residents

within the University area under conditions prescribed;

(7) to confer honorary degrees or other academic distinctions under

conditions prescribed;

(8) to institute, maintain and manage institutes of research, University

colleges and laboratories, libraries, museums and other institutions necessary to

carryout the objects of the University;

(9) to affi liate colleges to the University under conditions prescribed and

to withdraw the affi liations:

Provided that no college shall be affi liated to the University unless the

permission of the Government to establish such college has been obtained and

the terms and conditions, if any, of such permission have been complied with;

(10) to approve colleges providing courses of study for admission to the

examinations for titles and diplomas of the University under conditions prescribed

and to withdraw such approval:

Provided that no institution shall be approved by the University unless

the permission of the Government to establish such institution has been obtained

and the terms and conditions, if any, of such permission have been complied with;

(11) to designate or cancel any college as an autonomous college

with the concurrence of the Government, in the manner and under conditions

prescribed;

(12) to institute Assistant Professorships, Associate Professorships,

Professorships and any other teaching posts required by the University and to

appoint persons to such Assistant Professorships, Associate Professorships,

Professorships and other teaching posts;

(13) to institute and award fellowships, travelling fellowships, scholarships,

studentships, bursaries, exhibitions, medals and prizes in accordance with the

statutes;

(14) to establish, maintain and manage hostels, to recognise hostels not

maintained by the University and to withdraw recognition therefrom;

(15) to exercise such control over the students of the University through the

colleges, as will secure their health and well-being and discipline;

(16) to hold and manage endowments and other properties and funds of the

University;

(17) to borrow money, with approval of the Government, on the security of the

property of the University for the purposes of the University;

(18) to fi x fees and to demand and receive such fees as may be prescribed;

(19) to make grants from the funds of the University for the maintenance of

the National Cadet Corps;

(20) to institute and maintain a University Extension Board;

(21) to institute and provide funds for the maintenance of,—

(a) a publication bureau;

(b) an employment bureau;

(c) students' unions;

(d) University athletic clubs; and

(e) other similar associations;

(22) to encourage co-operation among the colleges, institutions and

laboratories in the University area and co-operate with other Universities and

other authorities in such manner and for such purposes as the University may

determine;

(23) to conduct evaluation or inspection of the colleges at required interval

and to take suitable action as prescribed, to improve academic excellence of

the colleges;

(24) to monitor academically the affi liated colleges and prescribe the control

mechanism to achieve academic excellence; and

(25) generally to do all such other acts and things as may be necessary or

desirable to further the objects of the University.

5. (1) No college within the University area shall be affi liated to any University

Colleges not to

other than the Dr J Jayalalithaa University.

be affi liated

to any other

University and

recognition of

institutions by

University.

(2) No college or institution affi liated to, or associated with, or maintained

by any other University in the State of Tamil Nadu shall be recognised by the

University for any purpose except with the prior approval of the Government and

the University concerned.

Admission to

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

University.

statutes, 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, diploma or

other academic distinction; or

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

the interests of the University or the rights and privileges of other students and

teachers.

Visitation. 7. (1) The Government shall have the right to cause an inspection or inquiry

to be made, by such person or persons as it may direct, of the University, its

buildings, laboratories, libraries, museums, workshops and equipment and of

any institution maintained, recognised and other work conducted or done by the

University and to cause an inquiry to be made in respect of any matter connected

with the University.

(2) The Government shall in every case give notice to the University of its

intention to cause such inspection or inquiry to be made and the University shall

be entitled to be represented thereat.

(3) The Government shall communicate to the University its views with

reference to the results of such inspection or inquiry and may, after ascertaining

the opinion of the University thereon, advise the University upon the action to be

taken and fi x a time limit for taking such action.

(4) The University shall, within the time so fi xed, report to the Government the

action, if any, which is proposed to be taken or has been taken, upon the results

of such inspection or inquiry or on the advice tendered by the Government. Such

report shall be submitted within such time as the Government may direct.

(5) Where the University does not take action to the satisfaction of the

Government within a reasonable time, the Government may, after considering

any explanation furnished or representation made by the University, issue such

directions as it may think fi t and the University shall comply with such directions. In

the event of the University not complying with such directions within such time as

may be fi xed in that behalf by the Government, the Government shall have power

to appoint any person or body to comply with such directions and make such

orders as may be necessary for the expenses thereof.

CHAPTER – III.

OFFICERS OF UNIVERSITY.

8. The University shall consist of the following offi cers, namely:— Offi cers of

University.

(1) The Chancellor;

(2) The Pro-Chancellor;

(3) The Vice-Chancellor;

(4) The Registrar;

(5) The Dean;

(6) The Finance Offi cer;

(7) The Controller of Examinations;

(8) The Librarian; and

(9) Such other persons as may be declared by the statutes to be offi cers of

the University.

Chancellor.

9. (1) The Governor of Tamil Nadu shall be the Chancellor of the University.

He shall, by virtue of his offi ce, be the head of the University and shall, when

present, preside at any convocation of the University and confer degrees, titles,

diplomas or other academic distinctions upon persons entitled to receive them.

(2) Where power is conferred upon the Chancellor to nominate

persons to the authorities, the Chancellor shall, in consultation with the

Vice-Chancellor and to the extent necessary nominate persons to represent

interests not otherwise adequately represented.

(3) The Chancellor may, of his own motion or on application call for and

examine the record of any offi cer or authority of the University in respect of

any proceeding to satisfy himself as to the regularity of such proceeding or the

correctness, legality or propriety of any decision taken or order passed therein

and, if, in any case, it appears to the Chancellor that any such decision or order

should be modifi ed, annulled, reversed or remitted for reconsideration, he may

pass orders accordingly:

Provided that every application to the Chancellor for the exercise of the

powers under this section shall be preferred within three months from the date

on which the proceedings, decision or order to which the application relates was

communicated to the applicant:

Provided further that no order prejudicial to any person shall be passed

unless such person has been given an opportunity of making his representation.

(4) No honorary degree or other distinction shall be conferred by the University

upon any person without the prior approval of the Chancellor.

(5) The Chancellor shall exercise such other powers and perform such other

duties as may be conferred on him by or under this Act.

Pro-Chancellor. 10. (1) The Minister-in-charge of the portfolio of Higher Education shall be

the Pro-Chancellor of the University.

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

duties as may be conferred on him by or under this Act.

(3) In the absence of the Chancellor or during the Chancellor's inability

to act, the Pro-Chancellor shall exercise all the powers and perform all the duties

of the Chancellor.

Vice-Chancellor. 11. (1) Every appointment of the Vice-Chancellor shall be made by the

Chancellor from out of a panel of three names recommended by the Committee

referred to in sub-section (2). Such panel shall not contain the name of any

member of the said Committee:

Provided that if the Chancellor does not approve any of the persons in

the panel so recommended by the Committee, he may take steps to constitute

another Committee in accordance with sub-section (2), to give a fresh panel of

three different names and shall appoint one of the persons named in the fresh

panel as Vice-Chancellor.

(2) For the purpose of sub-section (1), the Committee shall consist of—

(i) a nominee of the Chancellor, who shall be a retired Judge of the Supreme

Court or any High Court or an eminent educationist;

(ii) a nominee of the Government, who shall be a retired or serving offi cer of

the Government not below the rank of Principal Secretary to Government or an

eminent educationist; and

(iii) a nominee of the Syndicate who shall be an eminent educationist.

Explanation.—For the purpose of this sub-section, "eminent educationist"

means a person,—

(i) who is or has been a Vice-Chancellor of any University established by the

State Government or Central Government; or

(ii) who is a distinguished academician, with a minimum of ten years of

experience as Professor in a State or Central University or in both taken

together; or

(iii) who is or has been a Director or Head of any institute of national

importance:

Provided that the person so nominated shall not be a member of any of

the authorities of the University or shall not be connected with the University

or a University college.

(3) A person recommended by the Committee for appointment as

Vice-Chancellor shall—

(i) be a distinguished academician with highest level of competence, integrity,

morals and institutional commitment;

(ii) possess such educational qualifi cations and experience as may be

specifi ed by the Government in consultation with the Chancellor by an order

published in the Tamil Nadu Government Gazette.

(4) The process of nominating the members to the Committee by the

Chancellor, the Government and the Syndicate shall begin six months

before the probable date of occurrence of vacancy in the offi ce of

the Vice-Chancellor and shall be completed four months before the

probable date of occurrence of vacancy in the offi ce of the

Vice - Chancellor.

(5) The process of preparing the panel of suitable persons for

appointment as Vice-Chancellor shall begin at least four months before

the probable date of occurrence of the vacancy in the offi ce of the

Vice-Chancellor.

(6) The Committee shall submit its recommendation to the Chancellor

within four months from the date of its constitution. If the Committee does

not submit its recommendation to the Chancellor within the said period,

the Chancellor may grant further time to the Committee to submit its

recommendation or take steps to constitute another Committee in accordance

with sub-section (2).

(7) The Vice-Chancellor shall hold offi ce for a period of three years and shall

be eligible for re-appointment for a further period of three years:

Provided that the Vice-Chancellor may, by writing under his hand addressed

to the Chancellor and after giving two months' notice, resign his offi ce:

Provided further that a person appointed as Vice-Chancellor shall retire from

offi ce if, during the term of his offi ce or any extension thereof, he completes the

age of seventy years.

(8) When any temporary vacancy occurs in the offi ce of the

Vice-Chancellor or when the Vice-Chancellor is, by reason of illness, absence

or for any other reason, unable to exercise the powers and perform the

duties of his offi ce, the senior most Professor of the University shall exercise

the powers and perform the duties of the Vice-Chancellor till the Syndicate makes

the requisite arrangements for exercising the powers and performing the duties of

the Vice-Chancellor.

(9) The Vice-Chancellor shall be a whole-time offi cer of the University and

his emoluments and other terms and conditions of service shall be as follows:—

(a) There shall be paid to the Vice-Chancellor a fi xed salary of two lakh and

ten thousand rupees per mensem or such higher salary as may be fi xed by the

Government, from time to time, and he shall be entitled, without payment of rent,

to the use of a furnished residence throughout his term of offi ce and no charge

shall fall on the Vice-Chancellor personally in respect of the maintenance of such

residence. The Vice-Chancellor may be entitled to such other perquisites as may

be provided in the statutes.

(b) The Vice-Chancellor shall be entitled to such terminal benefi ts and

allowances as may be fi xed by the Syndicate with the approval of the Chancellor,

from time to time:

Provided that, where an employee of—

(i) the University; or

(ii) any other University or college or institution maintained by, or affi liated to

that University, is appointed as Vice-Chancellor, he shall be allowed to continue to

contribute to the Provident Fund to which he is a subscriber and the contribution

of the University shall be limited to what he had been contributing immediately

before his appointment as Vice-Chancellor;

(c) The Vice-Chancellor shall be entitled to travelling allowances at such

rates as may be fi xed by the Syndicate;

(d) The Vice-Chancellor shall be entitled to earned leave on full pay at one

eleventh of the periods spent by him on active service;

(e) The Vice-Chancellor shall be entitled, on medical grounds or otherwise,

to leave without pay for a period not exceeding three months during the term of

his offi ce:

Provided that on the date of expiry of the term of his offi ce, if he had not

availed of the earned leave before the date of expiry of the term of this offi ce,

shall be entitled to draw cash equivalent to leave salary after relinquishment of his

offi ce in respect of earned leave at credit subject to a maximum of two hundred

and forty days:

Provided further that such leave may be converted into leave on full pay to

the extent to which he is entitled to earned leave under clause (d).

12. (1) The Vice-Chancellor shall be the academic head and principal

Powers and

duties of

executive offi cer of the University.

Vice-

Chancellor.

(2) The Vice-Chancellor shall, in the absence of the Chancellor and Pro-

Chancellor, preside at the convocation of the University and confer degrees,

titles, diplomas or other academic distinctions upon persons entitled to

receive them.

(3) The Vice-Chancellor shall exercise control over the aff airs of the University

and shall be responsible for the due maintenance of discipline in the

University.

(4) The Vice-Chancellor shall ensure the faithful observance of the

provisions of this Act and the statutes, ordinances and regulations.

(5) The Vice-Chancellor shall give effect to the decision of the Syndicate

regarding the appointment, suspension and dismissal of the teachers and

other persons employed in the University.

(6) In any emergency, which in the opinion of the Vice-Chancellor

requires immediate action to be taken, he shall, by order, take such action as he

deems necessary and shall, at the earliest opportunity, report the action taken to

such offi cer or authority or body as would have in the ordinary course dealt

with the matter:

Provided that no such order shall be passed unless the person likely

to be affected, has been given a reasonable opportunity of being heard.

(7) Any person aggrieved by any order of the Vice-Chancellor under

sub-section (6) may prefer an appeal to the Syndicate within thirty days from the

date on which such order is communicated to him and the Vice-Chancellor

shall give effect to the order passed by the Syndicate on such appeal.

(8) The Vice-Chancellor shall be the ex-offi cio Chairman of the Syndicate,

Academic Council and the Finance Committee. The Vice-Chancellor shall be

entitled to be present at, and to address, any meeting of any authority or other

body of the University, but shall not be entitled to vote thereat, unless he is a

member of the authority or body.

(9) The Vice-Chancellor shall convene meetings of the Syndicate, the

Academic Council and the Finance Committee.

(10) The Vice-Chancellor shall be responsible for the co-ordination and

integration of teaching and research, extension education and curriculum

development.

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

such duties as may be prescribed by the statutes.

Registrar. 13. (1) The Registrar shall be a whole-time salaried offi cer of the

University appointed by the Syndicate on the recommendation of the

Vice-Chancellor. The qualifi cations and the method of recruitment shall be such

as may be prescribed. The terms and conditions of service of the Registrar shall

be as follows:—

(i) The holder of the post of Registrar shall be not lower in rank than that of

a University Professor.

(ii) The Registrar shall hold offi ce for a period of three years:

Provided that the Registrar shall retire on attaining the age of sixty years in

the case of an academician and fi fty-nine years in the case of a non-academician

or on the expiry of the period specifi ed in this clause, whichever is earlier;

(iii) the emoluments and other terms and conditions of service of the

Registrar shall be such as may be prescribed;

(iv) when the offi ce of the Registrar is vacant or when the Registrar is, by

reason of illness, absence or any other cause, unable to perform the duties of his

offi ce, the duties of the offi ce of the Registrar shall be performed by such person

as the Vice-Chancellor may appoint for the purpose.

(2) (a) The Registrar shall have power to take disciplinary action against

such of the employees, excluding teachers of the University and academic staff,

to suspend them pending inquiry, to administer warnings to them or to impose on

them the penalty of censure or withholding of increments:

Provided that no such penalty shall be imposed unless the person concerned

has been given a reasonable opportunity of showing cause against the action

proposed to be taken against him.

(b) An appeal shall lie to the Vice-Chancellor against an order of the Registrar

imposing any of the penalties specifi ed in clause (a).

(c) In any case where the inquiry discloses that penalty beyond the powers

of the Registrar is called for, the Registrar shall, upon conclusion of the inquiry,

make a report to the Vice-Chancellor along with his recommendations:

Provided that an appeal shall lie to the Syndicate against an order of the Vice-

Chancellor imposing any penalty.

(d) No appeal under clause (b) or clause (c) shall be preferred after the

expiry of sixty days from the date of receipt of the order appealed against.

(3) The Registrar shall be the ex-offi cio Secretary to the Syndicate, Academic

Council, the Faculties and the Boards of Studies, but shall not be deemed to be a

member of any of these authorities.

(4) It shall be the duty of the Registrar,—

(a) to be the custodian of the records, the common seal and such other

property of the University as the Syndicate shall commit to his charge;

(b) to issue all notices convening meetings of the Academic Council, the

Syndicate, the Faculties, the Boards of Studies, the Boards of Examiners and of

any committee appointed by the authorities of the University;

(c) to keep the minutes of all the proceedings of the meetings of the Academic

Council, the Syndicate, the Faculties, the Boards of Studies, the Boards of

Examiners and of any Committee appointed by the authorities of the University;

(d) to conduct the offi cial correspondence of the Syndicate;

(e) to supply to the Chancellor, copies of the agenda of the meetings of the

authorities of the University as soon as they are issued and the minutes of the

proceedings of such meetings; and

(f) to exercise such other powers and perform such other duties as may be

specifi ed in the statutes, the ordinances or the regulations or as may be required,

from time to time, by the Syndicate or the Vice-Chancellor.

(5) In all suits and other legal proceedings by or against the University, the

pleadings shall be signed and verifi ed by the Registrar and all processes in such

suits and proceedings shall be issued to, and served on, the Registrar.

Dean.

14. (1) The Dean shall be appointed by the Vice-Chancellor from among the

Professors in the Faculty for a period of three years and he shall be eligible for

reappointment:

Provided that a Dean, on attaining the age of sixty years, shall cease

to hold offi ce as such:

Provided further that if at any time there is no Professor in a Faculty, the

Vice-Chancellor shall exercise the powers of the Dean of the Faculty.

(2) When the offi ce of the Dean is vacant or when the Dean is, by

reason of illness, absence or any other cause, unable to perform the duties of

his offi ce, the duties of his offi ce shall be performed by such person as the Vice-

Chancellor may appoint for the purpose.

(3) The Dean shall be the Head of the Faculty and shall be

responsible for the conduct and maintenance of the standards of teaching and

research in the Faculty. The Dean shall have such other functions as may be

prescribed by the ordinances.

(4) The Dean shall have the right to be present and to speak at any

meeting of the Board of Studies or Committees or the Faculty, as the case may be,

but shall not have the right to vote thereat unless he is a member thereof.

15. (1) The Finance Offi cer shall be a whole-time salaried offi cer of the

Finance Offi cer.

University, appointed by the Syndicate for such period as may be specifi ed by the

Syndicate in this behalf.

(2) Every appointment of the Finance Offi cer shall be made by the Syndicate

on the recommendation of the Vice-Chancellor from out of a panel of three names

of offi cers forwarded by the Government.

(3) The emoluments and other terms and conditions of service of the Finance

Offi cer shall be such as may be prescribed by the ordinances.

(4) The Finance Offi cer shall retire on attaining the age of fi fty-nine

years or on the expiry of the period specifi ed by the Syndicate under

sub-section (1), whichever is earlier:

(5) When the offi ce of the Finance Offi cer is vacant or when the Finance

Offi cer is, by reason of illness, absence or any other cause, unable to perform the

duties of his offi ce, the duties of the Finance Offi cer shall be performed by such

person as the Vice-Chancellor may appoint for the purpose.

(6) The Finance Offi cer shall be the ex-offi cio Secretary to the Finance

Committee.

(7) The Finance Offi cer shall,—

(a) exercise general supervision over the funds of the University and shall

advise the University as regards its fi nancial policy; and

(b) exercise such other powers and perform such other fi nancial functions as

may be assigned to him by the Syndicate or as may be prescribed:

Provided that the Finance Offi cer shall not incur any expenditure or make any

investment exceeding such amount as may be prescribed without the previous

approval of the Syndicate.

(8) Subject to the control of the Syndicate, the Finance Offi cer shall,—

(a) hold and manage the property and investment on the University including

trust and endowed property;

(b) ensure that the limits fi xed by the Syndicate for recurring and

non-recurring expenditure for a year are not exceeded and that all moneys are

expended on the purposes for which they are granted or allotted;

(c) be responsible for the preparation of annual accounts, fi nancial estimates

and the budget of the University and for their presentation to the Syndicate;

(d) keep a constant watch on the cash and bank balances and of investments;

(e) watch the progress of the collection of revenue and advise on the methods

of collection employed;

(f) ensure that the registers of buildings, lands, furniture and equipments

are maintained up-to-date, and that stock checking is conducted, of equipments

and other consumable materials in all offi ces, special centres and specialised

laboratories;

(g) bring to the notice of the Vice-Chancellor any unauthorised expenditure

or other fi nancial irregularity and suggest appropriate action to be taken against

persons at fault; and

(h) call from any offi ce, centre, laboratory and college maintained by the

University, any information or returns that he may consider necessary for the

performance of his duties.

(9) The receipt of the Finance Offi cer or of the person or persons duly

authorised in this behalf by the Syndicate for any money payable to the University

shall be suffi cient discharge for payment of such money.

Controller of 16. (1) The Controller of Examinations shall be a whole-time offi cer of the

University appointed by the Syndicate for such period and on such terms and Examinations.

conditions as may be prescribed.

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

such duties as may be prescribed.

Librarian.

17. (1) The Librarian shall be a whole time offi cer of the University appointed

by the Syndicate on the recommendation of the Selection Committee constituted

for the purpose, for such period and on such terms and conditions as may be

prescribed.

(2) The Librarian shall exercise such powers and perform such duties as

may be assigned to him by the Syndicate.

CHAPTER IV.

AUTHORITIES OF UNIVERSITY.

18. The authorities of the University shall be the following, namely:— Authorities of

University.

(1) the Syndicate;

(2) the Academic Council;

(3) the Finance Committee;

(4) the Planning Board;

(5) the Board of Studies;

(6) the Faculties; and

(7) such other authorities as may be declared by the statutes to be authorities

of the University.

Disqualifi cation 19. (1) No person shall be qualifi ed for nomination or election as a member

for of any of the authorities of the University, if, on the date of such nomination or

membership.

election, he is,—

(a) of unsound mind; or

(b) an applicant to be adjudicated as an insolvent or an undischarged

insolvent; or

(c) sentenced by a criminal court to imprisonment for any offence involving

moral turpitude.

(2) In case of dispute or doubt as to whether a person is disqualifi ed under

sub-section (1), the Syndicate shall determine and its decision shall be fi nal.

20. Notwithstanding anything contained in section 21 and 24, no person

who has held offi ce as a member for a total period of six years in the Syndicate or

the Academic Council or in both, of the University shall be eligible for election or

nomination to either of the said two authorities:

Disqualifi cation for election or nomination to Academic Council and Syndicate in certain cases.

Provided that for the purpose of computing the total period of six years

referred to in this sub-section, the period of three years during which a person

held offi ce in one authority either by election or by nomination and the period of

three years during which he held offi ce in another authority either by election or by

nomination shall be taken into account and accordingly such person shall not be

eligible for election or nomination either to Syndicate or the Academic Council:

Provided further that for the purpose of this sub-section, if a person who has

held offi ce for a period of not less than one year in any one of the authorities

referred to in this sub-section in a casual vacancy shall be deemed to have held

offi ce for a period of three years in that authority:

Provided also that for the purpose of this sub-section, if a person was elected

or nominated to one authority and such person becomes a member of another

authority by virtue of the membership in the fi rst mentioned authority, the period

for which he held offi ce in the fi rst mentioned authority alone shall be taken into

account.

(2) Nothing in sub-section (1) shall have application in respect of—

(i) ex-offi cio members referred to in section 21;

(ii) ex-offi cio members referred to in section 24.

21. (1) The Chancellor shall, as soon as may be, after the fi rst Syndicate.

Vice-Chancellor is appointed under section 53, constitute the Syndicate.

(2) The Syndicate shall, in addition to the Vice-Chancellor, consist of the

following members, namely:—

Class I – Ex-Officio Members.

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

(b) The Secretary to Government in-charge of Law;

(c) The Director of Collegiate Education;

Class – II Other Members.

(a) Three eminent persons to be nominated by the Chancellor on the

recommendation of the Vice-Chancellor, who will guide the Vice-Chancellor in

administrative, academic and fi nancial matters including any issues connected

with social justice and policies of the State Government.

(b) Two members elected by the Principals of the affi liated colleges from

among themselves in accordance with the system of proportional representation

by means of the single transferable vote;

(c) Two members elected by the teachers of affi liated colleges (other than

Principals) from among themselves who are members of the Academic Council, in

accordance with the system of proportional representation by means of the single

transferable vote.

Explanation.—For the purpose of this item, "teachers" shall mean those

teachers elected to the Academic Council by the teachers of the affi liated colleges

from among themselves;

(d) One Dean or Director nominated by the Chancellor on the recommendation

of the Vice-Chancellor;

(e) One University Professor nominated by the Chancellor on the

recommendation of the Vice-Chancellor;

(f) One University Associate Professor nominated by the

Vice-Chancellor by rotation according to seniority;

(g) One University Assistant Professor nominated by the

Vice-Chancellor according to seniority; and

(h) One member elected by the Tamil Nadu Legislative Assembly from among

its members.

(3) The Vice-Chancellor shall be the ex-offi cio Chairman of the Syndicate.

(4) (a) In case the Secretary to Government in-charge of Higher

Education or the Secretary to Government in-charge of Law, is unable

to attend the meetings of the Syndicate, for any reason, he may depute

any offi cer of his department, not below the rank of Deputy Secretary to

Government to attend the meetings. The offi cer so deputed shall have the

right to take part in the discussion of the meeting and shall have the right

to vote;

(b) In case the Director of Collegiate Education is unable to attend

the meetings of the Syndicate, for any reason, he may depute any offi cer of his

department, not below the rank of Deputy Director, to attend the meetings. The

offi cer so deputed shall have the right to take part in the discussion of the

meeting and shall have the right to vote.

(5) (a) Save as otherwise provided, the members of the Syndicate, other

than the ex-offi cio members, shall hold offi ce for a period of three years and such

members shall be eligible for election or nomination for another period of three

years;

(b) Where a member is elected or nominated to the Syndicate in a casual

vacancy, the period of offi ce held for not less than one year by any such member

shall be construed as a full period of three years:

Provided that a member of the Syndicate who is elected or nominated in

his capacity as a member of a particular electorate or body, or the holder of a

particular appointment, shall cease to be a member of the Syndicate from the date

on which he ceases to be, a member of that electorate or body or the holder of that

appointment, as the case may be:

Provided further that where an elected or a nominated member of the

Syndicate is appointed temporarily to any of the offi ces by virtue of which he is

entitled to be a member of the Syndicate ex-offi cio, he shall, by notice in writing

signed by him and communicated to the Vice-Chancellor within seven days from

the date of his taking charge of his appointment, choose whether he will continue

to be a member of the Syndicate by virtue of his election or nomination or whether

he will vacate offi ce as such member and become a member ex-offi cio by virtue

of his appointment and the choice shall be conclusive. On failure to make such a

choice, he shall be deemed to have vacated his offi ce as an elected or a nominated

member.

(6) When a person ceases to be a member of the Syndicate, he shall cease

to be a member of any of the authorities of the University of which he may happen

to be a member by virtue of his membership of the Syndicate.

(7) The members of the Syndicate shall not be entitled to receive any

remuneration from the University except such sitting fee and travelling allowance

as may be prescribed:

Provided that nothing contained in this clause shall preclude any member

from drawing his normal emoluments to which he is entitled by virtue of the offi ce

he holds.

(8) A member of the Syndicate other than ex-offi cio member, may tender

resignation of his membership at any time before the term of his offi ce expires.

Such resignation shall be conveyed to the Chancellor by a letter in writing by the

member and the resignation shall take effect from the date of its acceptance by

the Chancellor.

Powers of

22. (1) The Syndicate shall have the following powers, namely:—

Syndicate.

(a) to make statutes and amend or repeal the same;

(b) to make ordinances and amend or repeal the same;

(c) to co-operate with other Universities, other academic authorities and

colleges in such manner and for such purposes as it may determine;

(d) to provide for instruction and training in such branches of learning as it

may think fi t;

(e) to provide for research, advancement and dissemination of knowledge;

(f) to institute Assistant Professorships, Associate Professorships,

Professorships and any other teaching posts required by the University;

(g) to prescribe the conditions for affi liating colleges to the University, affi liate

colleges within the University area and withdraw the affi liation;

(h) to prescribe the manner in which, and the conditions subject to which, a

college may be designated as an autonomous college and such designation may

be cancelled;

(i) to provide such lectures and instructions for students of University colleges,

colleges and approved colleges as the Academic Council may determine and also

to provide for lectures and instructions to persons not being students of colleges

and to grant diplomas to them;

(j) to institute degrees, titles, diplomas and other academic distinctions;

(k) to confer degrees, titles, diplomas and other academic distinctions on

persons who—

(i) shall have pursued an approved course of study in a University college or

laboratory or in an affi liated or approved college or have been exempted therefrom

in the manner prescribed and shall have passed the prescribed examinations of

the University;

(ii) shall have carried on research under conditions prescribed;

(l) to confer honorary degrees of academic distinctions on the recommendations

of not less than two-thirds of the members of the Syndicate;

(m) to establish and maintain hostels and manage hostels instituted by the

University;

(n) to institute fellowships, travelling fellowships, scholarships, studentships,

bursaries, exhibitions, medals and prizes;

(o) to prescribe the fees to be charged, for the approval and affi liation of

colleges, for admission to the examinations, degrees, titles and diplomas of the

University, for the registration of graduates, for the renewal of such registration

and for any of the purposes specifi ed in section 4;

(p) to consider and take such action as it may deem fi t on the annual report,

the annual accounts and the fi nancial estimates;

(q) to institute a University Extension Board and to maintain it;

(r) to institute publication bureau, students' unions, employment bureau and

University athletic clubs and to maintain them;

(s) to enter into any agreement with the Central or any State Government or

with a private management for assuming the management of any institution and

for taking over its properties and liabilities or for any other purposes not repugnant

to the provisions of this Act;

(t) to make statutes regulating the method of election to the authorities of the

University and the procedure at the meeting of the Academic Council, Syndicate

and other authorities of the University and the quorum of members required

for the transaction of business by the authorities of the University other than the

Academic Council;

(u) to recommend to the Government the recognition of an area within the

University area as University Centre;

(v) to hold, control and administer the properties and funds of the University;

(w) to direct the form, custody and use of the common seal of the University;

(x) to regulate and determine all matters concerning the University in

accordance with this Act, the statutes, the ordinances and the regulations;

(y) to administer all properties and funds placed at the disposal of the

University for specifi c purposes;

(z) (i) to appoint the Assistant Professors, Associate Professors, Professors

and the teachers of the University, fi x their emoluments, if any, defi ne their duties

and the conditions of their service and provide for fi lling up of temporary vacancies;

(ii) to prescribe the mode of appointment of administrative and other

similar posts and fi x their emoluments, if any, defi ne their duties and the conditions

of their service and provide for fi lling up of temporary vacancies;

(aa) to suspend and dismiss the Assistant Professors, Associate Professors,

Professors and the teachers and other employees of the University;

(ab) to accept on behalf of the University, endowments, bequests, donations,

grants and transfers of any movable or immovable properties made to it:

Provided that all such endowments, bequests, donations, grants and transfers

shall be reported to the Academic Council at its next meeting;

(ac) (i) to raise, on behalf of the University, loans from the Central or any

State Government or the public or any corporation owned or controlled by the

Central or any State Government;

(ii) to borrow money, with the approval of the Government on the security of

the property of the University for the purposes of the University;

(ad) to recognise colleges as approved colleges;

(ae) to designate any college as an autonomous college with the concurrence

of the Government and to cancel such designation;

(af) to recognise hostels not maintained by the University and to suspend or

withdraw recognition of any hostel which is not conducted in accordance with the

ordinances and the conditions imposed thereunder;

(ag) to arrange for and direct the inspection of all University colleges, affi liated

and approved colleges and hostels;

(ah) to prescribe the qualifi cation of teachers in the University, affi liated and

approved colleges and hostels;

(ai) to award fellowships, travelling fellowships, scholarships, studentships,

bursaries, exhibitions, medals and prizes in accordance with the statutes;

(aj) to charge and collect such fees as may be prescribed;

(ak) to conduct the University examinations and approve and publish the

results thereof;

(al) to make ordinances regarding the admission of students of the University

and to prescribe examinations to be recognised as equivalent to University

examinations;

(am) to appoint members to the Boards of Studies;

(an) to appoint examiners, after consideration of the recommendations of the

Boards of Studies and fi x their remuneration;

(ao) to supervise and control the residence and discipline of the students

of the University and make arrangements through the colleges for securing their

health and well-being;

(ap) to institute and manage University centers, University colleges and

laboratories, libraries, museums, institutes of research and other institutions

established or maintained by the University;

(aq) to regulate the working of the University Extension Board;

(ar) to manage any publication bureau, students' unions, employment bureau

and University athletic clubs instituted by the University;

(as) to review the instruction and teaching of the University;

(at) to promote research within the University and to require reports, from

time to time, of such research;

(au) to exercise such other powers and perform such other duties as may be

conferred or imposed on it by this Act or the statutes, ordinances or regulations;

and

(av) to delegate any of its powers to the Vice-Chancellor, to a committee

from among its own members or to a committee appointed in accordance with the

statutes.

(2) The Syndicate may consult the Academic Council in respect of any

academic matter, where it considers such consultation is necessary.

Meetings of

23. (1) The Syndicate shall meet at least once in every two months at such

Syndicate.

time and places and shall, subject to the provisions of sub-sections (2) and (3),

observe such rules of procedure in regard to transaction of business at its meetings

including the quorum at meetings, as may be prescribed.

(2) The Vice-Chancellor, or in his absence, any member chosen by the

members present, shall preside at a meeting of the Syndicate.

(3) All questions at any meeting of the Syndicate shall be decided by a

majority of the votes of the members present and voting and in the case of an

equality of votes, the Vice-Chancellor or the member presiding, as the case may

be, shall have and exercise a second or casting vote.

(4) (a) The Syndicate may, for the purpose of consultation, invite any

person having special knowledge or practical experience in any subject under

consideration to attend to any meeting. Such person may speak in, and otherwise

take part in, the proceedings of such meeting but shall not be entitled to vote.

(b) The person so invited shall be entitled to such daily and travelling

allowances as are admissible to a member of the Syndicate.

Academic

24. (1) The Academic Council, shall consist of the following members,

Council.

namely:—

Class – I Ex-Officio.

(a) The Vice-Chancellor;

(b) Deans of Faculties;

(c) University Librarian;

(d) University Physical Education Director;

Class – II Other Members.

(a) Five Principals of Government Colleges to be nominated by the Chancellor

by rotation on the recommendation of the Vice-Chancellor;

(b) Fifteen members from among the Professors, Heads of Departments

and other teachers of the University, nominated by the Chancellor on the

recommendation of the Vice-Chancellor;

(c) Not more than ten Principals of affi liated colleges elected from among

themselves in accordance with the system of proportional representation by

means of the single transferable vote;

(d) Not more than ten teachers of affi liated and approved colleges other than

Principals of affi liated colleges elected from among themselves in accordance with

the system of proportional representation by means of the single transferable vote;

(e) Not more than ten Chairmen of Boards of Studies to be nominated by

rotation by the Vice-Chancellor;

(f) Five persons to be nominated by the Chancellor;

(g) Five persons to be nominated by the Pro-Chancellor;

(h) Two members of the Legislative Assembly to be elected from among

themselves;

(i) Two Secretaries of private colleges to be elected from among themselves

in accordance with the system of proportional representation by means of the

single transferable vote;

(j) Two local body members in the University area to be nominated by the

Pro-Chancellor;

(k) Two headmasters of higher secondary schools in the University area to be

nominated by the Pro-Chancellor;

(l) Four members from private industries, research organisations and public

sector undertakings to be nominated by the Chancellor on the recommendation of

the Government;

(m) Four persons from professional societies or institutions or bodies or

associations to be nominated by the Chancellor on the recommendation of the

Government;

(n) Two alumini nominated by the Pro-Chancellor on the recommendation of

the Vice-Chancellor; and

(o) Members of the Syndicate who are not otherwise members of the

Academic Council:

Provided that in clauses (c), (d) and (e), the exact number to be elected or

nominated shall be as may be prescribed by the statutes:

Provided further that the nomination by the Chancellor may take into

consideration the requirements of social justice and areas remaining unrepresented.

(2) (i) In case the Secretary to Government, in-charge of Higher Education

or the Secretary to Government, in-charge of Law, who is a member of Academic

Council by virtue of item (o) under 'Class II - Other Members' in sub-section (1)

is unable to attend the meetings of the Academic Council for any reason, he

may depute any offi cer of his department, not lower in rank than that of Deputy

Secretary to Government to attend the meetings;

(ii) In case the Director of Collegiate Education who is a member of the

Academic Council, by virtue of item (o) under 'Class II - Other Members' in sub-

section (1) is unable to attend the meetings of the Academic Council for any

reason, he may depute any offi cer of the department, not lower in rank than that of

Deputy Director, to attend the meetings.

(3) (a) Save as otherwise provided, elected and nominated member of the

Academic Council shall hold offi ce for a period of three years and such member

shall be eligible for election or nomination for another period of three years.

(b) Where a member is elected or nominated to the Academic Council to a

casual vacancy, the period of offi ce held for not less than one year by any such

member shall be construed as a full period of three years:

Provided that a member of the Academic Council who is elected or nominated

in his capacity as a member of a particular electorate or body or the holder of a

particular appointment, shall cease to be a member of the Academic Council from

the date on which he ceases to be a member of that electorate or body or the

holder of that appointment, as the case may be:

Provided further that where an elected or a nominated member of the

Academic Council is appointed temporarily to any of the offi ces by virtue

of which he is entitled to be a member ex-offi cio of the Academic Council,

he shall, by notice in writing signed by him and communicated to the

Vice-Chancellor within seven days from the date of his taking charge of his

appointment, choose whether he will continue to be member of the Academic

Council by virtue of his election or nomination or whether he will vacate offi ce as

such member and become a member ex-offi cio by virtue of his appointment and

the choice shall be conclusive. On failure to make such a choice, he shall be

deemed to have vacated his offi ce as an elected or a nominated member.

(4) When a person ceases to be a member of the Academic Council, he shall

cease to be a member of any of the authorities of the University of which he may

happen to be a member by virtue of his membership of the Academic Council.

(5) The members of the Academic Council shall not be entitled to receive any

remuneration from the University except such daily and travelling allowances as

may be prescribed:

Provided that nothing contained in this sub-section shall preclude any

member from drawing his normal emoluments to which he is entitled by virtue of

the offi ce he holds.

(6) A member of the Academic Council, other than an ex-offi cio member, may

tender resignation of his membership at any time before the term of his offi ce

expires. Such resignation shall be conveyed to the Chancellor by a letter in writing

by the member and the resignation shall take effect from the date of its acceptance

by the Chancellor.

Powers and 25. (1) The Academic Council shall be the principal academic body of the

functions of University and shall, subject to the provisions of this Act, and the statutes have the

Academic control and general regulations of teaching and examination in the University and

Council.

be responsible for the maintenance of the standards thereon. In addition, it also

act as the body to review the broad policies and programmes of the University.

(2) The Academic Council shall have the following powers and functions of

the principal academic body of the University:—

(a) to exercise general control on teaching and other educational programmes

and maintain and promote the standards thereof;

(b) to make regulations and amend or repeal the same;

(c) to make regulations—

(i) regarding the admission of students to the University and the number of

students to be admitted;

(ii) regarding the courses of study leading to degrees, diplomas and other

academic distinctions;

(iii) regarding the conduct of examinations and maintenance and promotion

of standards of education;

(iv) prescribing equivalence of degrees, diplomas and certifi cates of other

Universities, Colleges, Institutions and Boards;

(v) for the assessment, evaluation and grading of students performance;

(d) to advise the Syndicate on all academic matters including the control and

management of libraries;

(e) to make recommendations to the Syndicate for the institution of

Assistant Professorship, Associate Professorship, Professorship and other

teaching posts including posts in research and in regard to the duties and

emoluments thereof;

(f) to formulate, modify or revise schemes for the constitution or

reconstitution of departments of teaching and research;

(g) to make recommendations to the Syndicate regarding

post-graduate teaching and research;

(h) to make recommendations to the Syndicate regarding the qualifi cations

to be prescribed for teachers;

(i) to make recommendations to the Syndicate for the conferment of

honorary degrees or other distinctions;

(j) to review and act upon the proposals of Boards of Studies in formulating

rules, regulations, syllabi and methods of evaluation, introduction of new courses

and modifi cation of existing courses;

(k) to make recommendations to the Syndicate regarding institution of

fellowship and scholarships;

(l) to recommend to the Syndicate measures for promoting collaboration

between industries and Governmental employers on the one hand and the

University on the other;

(m) to delegate to the Vice-Chancellor or to any of the committees of the

Academic Council, any of its powers; and

(n) to assess and make recommendations laying down standards of

accommodation, equipment, apparatus, library, maintenance and other physical

facilities required for each faculty.

(3) Subject to the other provisions of this Act, the Academic Council in its

capacity as a reviewing body shall have the following powers and functions,

namely:—

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

University and to suggest measures for the improvement and development of the

University;

(b) to advise the Chancellor in respect of any matter, which may be referred

to it for advise; and

(c) to exercise such other powers and perform such other functions as may

be prescribed by the statutes.

Meetings of 26. (1) The Academic Council shall meet at least twice every year on dates

Academic to be fi xed by the Vice-Chancellor. One of such meeting shall be called the annual

Council. meeting. The Academic Council may also meet at such other times as it may,

from time to time, determine.

(2) One third of the total strength of the members of the Academic Council

shall be the quorum required for a meeting of the Academic Council:

Provided that such quorum shall not be required at convocation of the

University, or a meeting of the Academic Council held for the purpose of conferring

degrees, titles, diplomas or other academic distinctions.

(3) The Vice-Chancellor may whenever he thinks fi t, and shall upon a

requisition in writing signed by not less than fi fty per cent of the total members of

the Academic Council, convene a special meeting of the Academic Council.

Finance

27. (1) The Finance Committee shall consists of the following members,

Committee. namely:—

(i) The Vice-Chancellor;

(ii) The Secretary to Government in-charge of Finance;

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

(iv) Three members nominated by the Syndicate from among its members

of whom one shall be a Professor and one shall be a person nominated to the

Syndicate by the Chancellor.

(2) If for any reason, the Secretary to Government, in-charge of Finance

or the Secretary to Government, in-charge of Higher Education is unable to

attend the meetings of the Finance Committee, he may depute any offi cer of his

department not below the rank of Deputy Secretary to Government. The offi cer so

deputed shall have the right to take part in the discussion of the meeting and shall

have the right to vote.

(3) The Vice-Chancellor shall be the ex-offi cio Chairman of, and the Finance

Offi cer shall be the ex-offi cio Secretary to, the Finance Committee.

(4) All the members of the Finance Committee, other than the ex-offi cio

members, shall hold offi ce for a period of three years.

(5) The Finance Committee shall meet at least twice every year to examine

the accounts and to scrutinise proposals for expenditure.

(6) The annual accounts of the University prepared by the Finance Offi cer

shall be laid before the Finance Committee for consideration and comments and

thereafter submitted to the Syndicate for approval.

(7) The Finance Committee shall recommend limits for the total recurring

expenditure and the total non-recurring expenditure for the year based on the

income and resources of the University which, in the case of productive works,

may include the proceeds of loans.

(8) The Finance Committee shall—

(a) review the fi nancial position of the University, from time to time;

(b) make recommendations to the Syndicate on every proposal involving

investment or expenditure for which no provision has been made in the annual

fi nancial estimates or which involves expenditure in excess of the amount provided

for in the annual fi nancial estimates;

(c) prescribe the methods and procedure and forms for maintaining the

accounts of the University and colleges;

(d) make recommendations to the Syndicate on all matters relating to the

fi nances of the University; and

(e) perform such other functions as may be prescribed.

(9) The fi nancial estimates of the University prepared by the Finance Offi cer

shall be laid before the Finance Committee for consideration and comments. The

said estimates, as modifi ed by the Finance Committee, shall then be laid before

the Syndicate for consideration. The Syndicate may accept the modifi cation made

by the Finance Committee.

28. (1) There shall be constituted a Planning Board of the University which

Planning Board.

shall advise generally on the planning and development of the University and

review the standard of education and research in the University.

(2) The Planning Board shall consist of the following members, namely:—

(a) the Vice-Chancellor, who shall be the ex-offi cio Chairperson of the Board;

and

(b) not more than eight persons of high academic standing.

(3) The members of the Planning Board shall be appointed by the Chancellor

on the recommendations of the Vice-Chancellor and shall hold offi ce for such

period as the Chancellor may determine.

(4) The Planning Board shall, in addition to all other powers vested in it by

this Act, have the right to advise the Syndicate and the Academic Council on any

academic matter.

Boards of 29. There shall be Boards of Studies attached to each department of teaching.

Studies.

The constitution and powers of the Boards of Studies shall be such as may be

prescribed.

30. (1) The University having regard to the objectives and its functions, may Constitution and constitute such faculties as may be prescribed by the statutes.

functions of

faculties.

(2) The constitution and functions of the faculties shall be such as may be

prescribed by the statutes.

(3) Each faculty shall comprise such departments of teaching as may be

prescribed in the statutes.

31. The constitution and powers of such other bodies as may be declared by Constitution the statutes to be authorities of the University shall be such as may be prescribed. of other

authorities.

CHAPTER-V.

STATUTES, ORDINANCES AND REGULATIONS.

32. Subject to the provisions of this Act, the statutes may provide for all or any Statutes.

of the following matters, namely:—

(i) the holding of convocation to confer degrees;

(ii) the conferment of honorary degrees and academic distinctions;

(iii) the constitution, powers and functions of the authorities of the University;

(iv) the manner of fi lling vacancies among members of the authorities;

(v) the allowances to be paid to the members of the authorities and committees

thereof;

(vi) the procedure at meetings of the authorities including the quorum for the

transactions of business at such meetings;

(vii) the authentication of the orders or decisions of the authorities;

(viii) the formation of departments of teaching at the University and the

University colleges;

(ix) the term of offi ce and methods of appointment and conditions of service

of the offi cers of the University other than the Chancellor and the Pro-Chancellor;

(x) the qualifi cations of the teachers and other persons employed by the

University;

(xi) the classifi cation, the method of appointment and determination of the

terms and conditions of service of teachers and other persons employed by the

University;

(xii) the institution of pension, gratuity, insurance or provident fund for the

benefi t of the offi cers, teachers and other persons employed by the University;

(xiii) the institution of fellowships, travelling fellowships, scholarships,

studentships, bursaries, exhibitions, medals and prizes and the conditions of

award thereof;

(xiv) the establishment and maintenance of halls, hostels and laboratories;

(xv) the conditions for residence of students of the University in the halls and

hostels and the levy of fees and other charges for such residence;

(xvi) the conditions of registration of graduates and the maintenance of

register thereof;

(xvii) the conditions of recognition of approved colleges and of affi liation to

the University of colleges;

(xviii) the manner in which, and the conditions subject to which, a college

may be designated as an autonomous college or the designation of such college

may be cancelled and the matters incidental to the administration of autonomous

colleges including the constitution or reconstitution, powers and duties of the

Academic Council, Staff Council, Boards of Studies and Boards of Examiners;

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

University; and

(xx) any other matter which is required to be or may be prescribed by the

statutes.

Statutes, how

33. (1) The Syndicate may, from time to time, make statutes and amend

made.

or repeal the statutes in the manner hereafter provided in this section.

(2) The Academic Council may propose to the Syndicate, the draft of any

statute or of any amendment to or of repeal of, a statute to be passed by the

Syndicate and such draft shall be considered by the Syndicate at its next meeting:

Provided that the Academic Council shall not propose the draft of any

statute or of any amendment to, or of repeal of, a statute relating to matters other

than academic affairs.

(3) The Syndicate may consider the draft proposed by the Academic Council

under sub-section (2) and may either pass the draft or reject or return it with or

without amendments to the Academic Council for reconsideration.

(4) (a) Any member of the Syndicate may propose to the Syndicate, the draft

of a statute or of any amendment to, or of repeal of, a statute and the Syndicate

may either accept or reject the draft, if it relates to a matter not falling within the

purview of the Academic Council.

(b) In case such draft relates to a matter within the purview of the Academic

Council, the Syndicate shall refer it for consideration to the Academic Council,

which may either report to the Syndicate that it does not approve the draft or submit

the draft to the Syndicate in such form as the Academic Council may approve and

the Syndicate may either pass without amendment or reject the draft.

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

Syndicate shall be submitted to the Chancellor who may assent thereto or withhold

his assent. A statute or an amendment to or repeal of, a statute passed by the

Syndicate shall have no validity until it has been assented to by the Chancellor.

Ordinances. 34. Subject to the provisions of this Act and the statutes, the ordinances may

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

(i) the admission of students to the University and its approved and affi liated

colleges and laboratories;

(ii) the courses of study leading to all degrees, titles, diplomas and other

academic distinctions of the University;

(iii) the conditions of residence of students of the University and the levy of

fees for residence in hostels maintained by the University;

(iv) the conditions of recognition of hostels not maintained by the University;

(v) the conditions under which the students shall be admitted to the courses

of study leading to degrees, titles, diplomas and other academic distinctions of the

University;

(vi) the conduct of examinations of the University and the conditions on which

students shall be admitted to such examinations;

(vii) the manner in which exemption relating to the admission of students to

examinations may be given;

(viii) the conditions and mode of appointment and duties of examining bodies

and examiners;

(ix) the maintenance of discipline among the students of the University;

(x) the fees to be charged for courses of study, research, experiment and

practical training and for admissions to the examinations for degrees, titles,

diplomas and other academic distinctions of the University;

(xi) the qualifi cations and emoluments of teachers of the University;

(xii) the conditions subject to which persons who may hereafter be

permanently employed or may be recognised as qualifi ed to give instruction in

affi liated colleges and approved colleges and hostels; and

(xiii) any other matter which by this Act or the statutes is required to be or may

be prescribed by the ordinances.

35. (1) Save as otherwise provided in this section, ordinances shall be made Ordinances, how by the Academic Council.

made.

(2) All ordinances made by the Academic Council shall take eff ect from such

date as may be fi xed by the Academic Council, but every ordinance so made shall

be submitted as soon as may be after it is made to the Syndicate and shall be

considered by the Syndicate at its next meeting.

(3) The Syndicate shall have power by a resolution passed by a majority

of not less than two-thirds of the members present at such meeting, to modify

or cancel any such ordinance and such ordinance shall from the date of such

resolution have effect in such modifi ed form or be of no such effect, as the case

may be.

36. (1) The Academic Council may make regulations consistent with this Act, Regulations, how the statutes and the ordinances, to carry out the duties assigned to it thereunder. made.

(2) All such regulations shall have effect from such date as the Academic

Council may direct, but such regulations so made shall be submitted as soon as

may be to the Syndicate for its consideration at its next meeting.

CHAPTER-VI.

ADMISSION AND RESIDENCE OF STUDENTS.

Admission to 37. (1) 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 University

courses.

unless he—

(a) has passed the examination prescribed therefor; and

(b) fulfi lls such other academic conditions as may be prescribed by

the University.

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

from the provisions of this sub-section by a special order of the Syndicate made

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

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

Syndicate may think fi t.

(3) Students exempted from the provisions of sub-section (2) and students

admitted in accordance with the conditions prescribed, to courses of study

other than courses of study for a degree shall be non-collegiate students of the

University.

38. No candidate shall be admitted to any University examination unless he is

Admission to

enrolled as a member of University college or laboratory or of an affi liated college

University

examinations. or approved college and has satisfi ed the requirements as to the attendance

required under the regulations for the same or unless he is exempted from such

requirements of enrollment or attendance or both by an order of the Syndicate

passed on the recommendation of the Academic Council made under the

regulations prescribed. Exemptions granted under this section shall be subject to

such conditions as the Syndicate may think fi t.

39. No attendance at instruction given in any college, other than that

Attendance

established and maintained by, affi liated to, or approved by, the University shall

qualifying for

qualify for admission to any examination of the University.

University

examinations.

Residence and

40. Every student of the University other than a non-collegiate student shall be

hostels.

required to reside in a hostel or under such other conditions as may be prescribed.

CHAPTER VII.

UNIVERSITY FUNDS.

General Fund. 41. The University shall have a General Fund to which shall be credited—

(a) its income from fees, grants, donations and gifts, if any;

(b) any contribution or grant made by the Central Government, any State

Government, University Grants Commission or like authority, any local authority or

any corporation owned or controlled by the Government; and

(c) endowments and other receipts.

Other Funds. 42. The University may have such funds as may be prescribed by the statutes.

Management of

43. The funds and all moneys of the University shall be managed in such

Funds.

manner as may be prescribed.

Annual

44. The annual report of the University shall be prepared by the Syndicate

Report.

and shall be submitted to the Academic Council on or before such date as may

be prescribed and shall be considered by the Academic Council at its next annual

meeting. The Academic Council may pass resolutions thereon and communicate

the same to the Syndicate, which shall take action in accordance therewith. The

Syndicate shall inform the Academic Council of the action taken by it. A copy of

the annual report with a copy of the resolutions thereon, if any, of the Academic

Council shall be submitted to the Government for information.

Annual

45. (1) The annual accounts of the University shall be submitted to such

accounts.

examination and audit as the Government may direct and a copy of the annual

accounts and audit report shall be submitted to the Government.

(2) The University shall settle objections raised in such audit and carry out

such instructions as may be issued by the Government on the audit report.

(3) The accounts, when audited, shall be published by the Syndicate in

such manner as may be prescribed and copies thereof shall be submitted to the

Academic Council at its next meeting and to the Government within three months

of such publication.

(4) The Government shall cause the audited annual accounts and annual

report to be laid before the Legislative Assembly together with their comments.

CHAPTER-VIII.

CONDITIONS OF SERVICE.

Pension, gratuity,

46. (1) The University shall institute for the benefi t of its offi cers, teachers and

etc.

other persons employed by the University, such pension, gratuity, insurance and

provident fund as it may deem fi t, in such manner and subject to such conditions,

as may be prescribed.

Central Act XIX

(2) Where the University as so instituted a provident fund under

of 1925.

sub-section (1), the Government may declare that the provisions of the Provident

Funds Act, 1925 shall apply to such funds as if the University where a local

authority and the fund a Government Provident Fund.

(3) The University may, in consultation with the Finance Committee, invest

the provident fund amount in such manner as it may determine.

Conditions of 47. Subject to the provisions of this Act, the appointment, procedure for

service.

selection, pay and allowances and other conditions of service of offi cers, teachers

and other persons employed in the University shall be such as may be prescribed.

Explanation.— For the purpose of this section, the word "offi cers" shall not

include the Chancellor and the Pro-Chancellor.

Selection 48. (1) There shall be Selection Committees for making recommendations

Committees.

to the Syndicate for appointment to the posts of Assistant Professor, Associate

Professor, Professor, Librarian and other posts of teachers of the University.

(2) The Selection Committee for appointment to the posts specifi ed in sub-

section (1) shall consist of the Vice-Chancellor, a nominee of the Chancellor, a

nominee of the Government and such other persons as may be prescribed:

Provided that selection of such appointments by the Selection Committee

shall be made in accordance with the guidelines that may be issued by the UGC

or other agencies concerned in relation to such appointment.

(3) The Vice-Chancellor shall preside at the meetings of a Selection

Committee.

(4) The meetings of a Selection Committee shall be convened by the Vice-

Chancellor.

(5) The procedure to be followed by a Selection Committee in making

recommendations shall be laid down in the ordinances.

(6) If the Syndicate is unable to accept the recommendations made by a

Selection Committee, it shall record its reasons and submit the case to the

Chancellor for fi nal orders.

(7) Appointments to temporary posts shall be made in the manner indicated

below:—

(i) If the temporary vacancy is for a duration longer than one academic

session, it shall be fi lled on the advice of the Selection Committee in accordance

with the procedure indicated in the foregoing provisions:

Provided that if the Vice-Chancellor is satisfi ed that in the interest of work

it is necessary to fi ll the vacancy, the appointment may be made on a temporary

basis by a local Selection Committee referred to in sub-clause (ii) for a period not

exceeding six months;

(ii) If the temporary vacancy is for a period less than a year, appointment

to such vacancy shall be made on the recommendation of a local Selection

Committee consisting of the Dean of the Faculty concerned, the Head of the

Department and a nominee of the Vice-Chancellor:

Provided that if the same person holds the offi ces of the Dean and the Head

of the Department, the Selection Committee shall consist of two nominees of the

Vice-Chancellor:

Provided further that in case of sudden casual vacancies in teaching posts

caused by death or any other reason, the Dean may, in consultation with the Head

of the Department concerned, make a temporary appointment for a month and

report to the Vice-Chancellor and the Registrar about such appointment;

(iii) No teacher appointed temporarily shall, if he is not recommended by

a regular Selection Committee for appointment under this Act, be continued in

service on such temporary employment unless he is subsequently selected by a

local Selection Committee or a regular Selection Committee, for a temporary or a

permanent appointment, as the case may be.

49. (1) Each Department of the University shall have a Head who shall be a

Terms and

Professor or Director and whose duties and functions and terms and conditions of

conditions

appointment shall be as prescribed by the ordinances:

of service

of Heads of

Departments.

Provided that if there are more than one Professor in any Department, the

Head of the Department shall be appointed in the manner prescribed by the

ordinances:

Provided further that in a department where there is no Professor, an

Associate Professor or Assistant Professor may be appointed as the Head of the

Department in the manner prescribed by the ordinances.

(2) It shall be open to a Professor, an Associate Professor or Assistant

Professor to decline the offer of appointment as the Head of a Department.

(3) A person appointed as the Head of a Department shall hold offi ce as such

for a period of three years and shall be eligible for re-appointment.

(4) The Head of a Department may resign his offi ce at any time during his

tenure of offi ce.

(5) The Head of a Department shall perform such functions as may be

prescribed by the ordinances.

Constitution of

50. All the authorities of the University shall have power to constitute or

committees. reconstitute committees and to delegate to them such of their powers as they

deem fi t. Such committees shall, save as otherwise provided, consist of members

of the authority concerned and of such other persons, if any, as the authority in

each case may deem fi t.

CHAPTER IX.

TRANSFER OF COLLEGES.

Tamil Nadu Act 51. (1) Notwithstanding anything contained in the Thiruvalluvar University Act,

32 of 2002.

2002 (hereinafter referred to as the 2002 Act), the statutes, ordinances, regulations

Transfer of certain colleges to the

and orders made thereunder, on and from the appointed date, the colleges in the

University.

University area shall be disaffi liated from the Thiruvalluvar University, established

under the 2002 Act to which they were affi liated on the date immediately preceding

the appointed date.

(2) The Government may, at any time after the appointed date, transfer to

the University any of their lands for its use on such terms and conditions as they

deem proper.

(3) The Government may, at any time after the appointed date, transfer to the

University the control and management of any of their colleges and institutions

situated within the University area on such terms and conditions as they deem

proper.

(4) Notwithstanding anything contained in any other law relating to the

establishment of a University in the State or the statutes, ordinances, regulations

and order made thereunder, on and from the appointed date, the colleges or

institutions referred to in sub-section (3) shall be disaffi liated from the University to

which they were affi liated on the date, immediately preceding the appointed date

and shall be affi liated to the University.

Transfer of 52. (1) Every person, who immediately before the appointed date, was serving

service in connection with the affairs of the Thiruvalluvar University in the University

Centre at Villupuram, shall from the said date, ceases to be an employee of the of certain

employees of Thiruvalluvar University and becomes an employee of the University.

Thiruvalluvar

University to

the University.

(2) (a) As soon as may be, after the appointed date, the Government may,

after consulting the Vice-Chancellor of the Thiruvalluvar University and the

University, direct by general or special order that such of the employees of the

Thiruvalluvar University as are specifi ed in such order shall stand allotted to serve

in connection with the affairs of the University, on and from such date as may be

specifi ed in such order:

Provided that no such direction shall be issued in respect of any such person

without his consent for such allotment.

(b) With effect on and from the date specifi ed in the order under clause (a),

the persons specifi ed in such order shall become employees of the University and

shall cease to be the employees of the Thiruvalluvar University.

(3) Every person referred to in sub-section (1) or sub-section (2) shall hold

offi ce under the University by the same tenure, at the same remuneration and

upon the same terms and conditions and with the same rights and privileges as to

pension or gratuity, if any, and other matters as he would have held the same on

the appointed date or the date specifi ed in the order under sub-section (2), as the

case may be, as if this Act had not been passed.

(4) The liability to pay pension and gratuity to the persons referred to in sub-

sections (1) and (2) shall be the liability of the University.

CHAPTER X.

TRANSITORY PROVISIONS.

53. Notwithstanding anything contained in sub-section (1) of section 11, within

Appointment of

three months from the date of publication of this Act in the Tamil Nadu Government

fi rst Vice-

Gazette, the fi rst Vice-Chancellor shall be appointed by the Government on a

Chancellor.

salary to be fi xed by them for a period not exceeding three years and on such

other conditions as they deem fi t:

Provided that a person appointed as the fi rst Vice-Chancellor shall retire from

offi ce if, during the term of his offi ce, he completes the age of seventy years.

Appointment of

54. Notwithstanding anything contained in sub-section (1) of section 13,

fi rst Registrar. within three months from the date of publication of this Act in the Tamil Nadu

Government Gazette, the fi rst Registrar shall be appointed by the Government on

a salary to be fi xed by them for a period not exceeding three years and on such

conditions as they think fi t:

Provided that the person appointed as the fi rst Registrar shall retire from

offi ce if, during the term of his offi ce, he completes the age of sixty years in case of

a University Professor and fi fty nine years in case of a Professor of a Government

college.

55. (1) It shall be the duty of the fi rst Vice-Chancellor to make arrangements

Transitory

for constituting the Syndicate and the Academic Council and such other authorities

powers of

of the University within six months after the appointed date or such longer period,

fi rst Vice-

not exceeding one year as the Government may, by notifi cation, direct.

Chancellor.

(2) The fi rst Vice-Chancellor shall, in consultation with the Government,

make such rules as may be necessary for the functioning of the University.

(3) The authorities constituted under sub-section (1) shall commence to

exercise their functions on such date as the Government may, by notifi cation,

specify in this behalf.

(4) It shall be the duty of the fi rst Vice-Chancellor to draft such statutes,

ordinances and regulations as may be necessary and submit them to the

respective authorities competent to deal with them for their disposal. Such

statutes, ordinances and regulations, when framed, shall be published in the

Tamil Nadu Government Gazette.

(5) Notwithstanding anything contained in this Act and the statutes and until

such time an authority is duly constituted, the fi rst Vice-Chancellor may appoint

any offi cer or constitute any committee temporarily to exercise and perform any of

the powers and duties of such authority under this Act and the statutes.

CHAPTER XI.

MISCELLANEOUS.

Filling of casual

56. All casual vacancies among the members (other than ex-offi cio members)

vacancies.

of any authority or other body of the University shall be fi lled as soon as conveniently

may be, by the person or body, who or which, nominated or elected the member

whose place has become vacant and the person nominated or elected to a casual

vacancy shall be a member of such authority or body for the residue of the term for

which the person whose place he fi lls would have been a member:

Provided that vacancies arising by effl ux of time among elected members of

any authority or other body of the University may be fi lled at elections which may

be fi xed by the Vice-Chancellor to take place on such days not earlier than two

months from the date on which the vacancies arise, as he thinks fi t:

Provided further that no casual vacancy shall be fi lled if such vacancy occurs

within six months before the date of expiry of the term of the members of any

authority or other body of the University.

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

Proceedings

be invalidated merely by reason of the existence of any vacancy or of any defect

of University,

or irregularity in the election or appointment of a member of any authority or other

authority and

body of the University or of any defect or irregularity in such act or proceeding not

bodies not

affecting the merits of the case or on the ground that the authority or other body of

invalidated by

the University did not meet at such interval as required under this Act.

vacancies.

58. (1) The Syndicate may remove by an order in writing made in this behalf

Removal from

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

membership of

passed by a majority of the total membership of the Syndicate and by a majority

University.

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

the meeting, if such person has been convicted by a criminal court for an offence

which in the opinion of the Syndicate involves moral turpitude or if he has been

guilty of gross misconduct and for the same reason, the Syndicate may withdraw

any degree or diploma conferred on or granted to that person by the University.

(2) The Syndicate 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 applied to be adjudicated or has been adjudicated, as an

insolvent.

(3) No action under this section shall be taken against any person unless

he has been given a reasonable opportunity to show cause against the action

proposed to be taken.

(4) A copy of every order passed under sub-section (1) or sub-section (2), as

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

to the person concerned in the manner prescribed by regulations.

Disputes as to 59. If any question arises whether any person has been duly elected or

constitution nominated as, or is entitled to be, a member of any authority of the University or

other body of the University, the question shall be referred to the Chancellor whose of University

authorities and decision thereon shall be fi nal.

bodies.

60. Notwithstanding anything contained in this Act, or in any other law for the Power to obtain information.

time being in force, the Government may, by order in writing, call for any information

from the University or any matter relating to the affairs of the University and the

University shall, if such information is available with it, furnish the Government with

such information within a reasonable period:

Provided that in the case of information which the University considers

confi dential, the University may place the same before the Chancellor and Pro-

Chancellor.

Transfer of 61. (1) The sums at the credit of the Provident Fund accounts of the persons

referred to in sub-section (1) of section 52 as on the appointed date and of the

persons referred to in sub-section (2) of section 52 as on the date specifi ed in

the order under clause (a) of the said sub-section (2) shall be transferred to the

accumulations in provident fund and other like funds.

University and the liability in respect of the said provident fund accounts shall be

liability of the University.

(2) There shall be paid to the University out of the accumulations in

the superannuation fund and other like funds, if any, of the Thiruvalluvar

University such amounts as have been credited to the superannuation

fund or other like funds, if any, on behalf of the persons referred to in

sub-sections (1) and (2) of section 52. The amount so paid shall form part of

superannuation fund or other like funds, if any, that may be established by the

University for the benefi t of its employees.

Payment of 62. (1) The Thiruvalluvar University shall, out of its funds as on the appointed

certain date, pay to the University such amount as the Government may, in consultation

amounts by with the Thiruvalluvar University, specify.

Thiruvalluvar

University.

(2) The amount payable under sub-section (1) shall be in addition to the

amounts payable by the Thiruvalluvar University to the University under section

52.

63. (1) Subject to the provisions of sub-sections (2) to (8), the 2002 Act shall,

Tamil Nadu Act

with effect on and from the appointed date, cease to apply in respect to the areas

32 of 2002 not

to which the provisions of this Act extend.

to apply.

(2) Such cessor shall not affect,—

(a) the previous operation of the 2002 Act in respect of the areas to which the

provisions of this Act extend; or

(b) any penalty, forfeiture or punishment incurred in respect of any offence

committed against the 2002 Act; or

(c) any investigation, legal proceeding or remedy in respect of such penalty,

forfeiture or punishment, and any such investigation, legal proceeding or remedy

may be instituted, continued or enforced and any such penalty, forfeiture or

punishment may be imposed as if this Act had not been passed.

(3) Notwithstanding anything contained in sub-section (1), all statutes,

ordinances and regulations made under the 2002 Act and in force on the appointed

date, shall in so far as they are not inconsistent with this Act, continue to be in

force in the University area until they are replaced by the statutes, ordinances and

regulations made under this Act.

(4) Notwithstanding anything contained in this Act, the statutes, ordinances

and regulations continued in force under sub-section (3) or made under this Act,

every person who, immediately before the appointed date, was a student of a

college within the University area affi liated to, or approved by, the Thiruvalluvar

University and of the Departments of the University or was eligible for any of the

examinations of the Thiruvalluvar University shall be permitted to complete his

course of study in the Thiruvalluvar University, and this University shall make

arrangements for the instruction, teaching and training for such students for such

period and in such manner as may be determined by the Thiruvalluvar University

in accordance with the course of study in the Thiruvalluvar University and such

students shall, during such period, be admitted to the examinations held or

conducted by the Thiruvalluvar University and the corresponding degree, diploma

or other academic distinctions of the Thiruvalluvar University shall be conferred

upon the qualifi ed students on the result of such examinations, by the Thiruvalluvar

University.

(5) All colleges within the University area which immediately before the

appointed date,—

(a) continue to be affi liated to, or recognised by, the Thiruvalluvar

University; and

(b) provide courses of study for admission to the examination for degrees

of the Thiruvalluvar University;

shall be deemed to the colleges affi liated to the University under this Act and

the provisions of this Act shall, as far as may be, apply accordingly.

(6) All colleges within the University area which immediately before the

appointed date, continue to be recognised by the Thiruvalluvar University as

colleges providing courses of study for admission to the examinations of that

University, for degrees and diplomas, shall be deemed to the colleges approved

by the University under this Act and the provisions of this Act shall, as far as may

be, apply accordingly.

(7) All hostels within the University area which immediately before the

appointed date, continue to be recognised by the Thiruvalluvar University, shall

be deemed to be hostels recognised by the University under this Act and the

provisions of this Act, shall as far as may be, apply accordingly.

(8) Subject to the provisions of sub-section (2), but without prejudice to the

provisions of sub-sections (3) to (6), anything done or any action taken before

the appointed date under any provisions of the 2002 Act in respect of any area

to which the provisions of this Act extend shall be deemed to have been done or

taken under the corresponding provisions of this Act and shall continue to have

effect accordingly unless and until superseded by anything done or any action

taken under the corresponding provisions of this Act.

Registration of

64. (1) On and from the appointed date, every person ordinarily resident

graduates.

within the University area, who—

(a) has been for a period of not less than three years a graduate of any

University in the territory of India; or

(b) is a registered graduate of any University in the territory of India,

shall be entitled to have his name entered in the register of graduates maintained

under this Act, for a period of fi ve years on payment of such fee and subject to

such conditions as may be prescribed by the statutes.

(2) All applications for registration under sub-section (1) shall be sent to the

Registrar together with the prescribed fee and such proof of qualifi cations as may

be prescribed by the statutes.

(3) The Registrar shall, on receipt of an application made under sub-section

(2) and after making such enquiry as he deems fi t, enter in the register of graduates

the name of the applicant.

(4) Every person whose name has been entered in the register of graduates

under sub-section (3) shall be entitled to have such entry renewed every fi ve

years on application made in that behalf to the Registrar within such time, in such

manner and on payment of such fee as may be prescribed by the statutes.

65. (1) The Syndicate may invite a person of high academic distinction and Special mode of appointment.

professional attainments to accept a post of Professor in the University on such

terms and conditions as it deems fi t, and on the person agreeing to do so, appoint

him to the post.

(2) The Syndicate may appoint a teacher or any other member of the

academic staff working in any other University or organisation for undertaking a

joint project in accordance with the manner laid down in the ordinances.

66. The Syndicate shall, at the end of every three years from the

appointed date, submit a report to the Government on the condition of the affi liated

Report on affi liated colleges.

and approved colleges within the University area. The Government shall take such

action on it as they deem fi t.

Power to remove 67. (1) If any diffi culty arises as to the fi rst constitution or re-constitution of

diffi culties.

any authority of the University after the appointed date or otherwise 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 three

years from the date of establishment of the University under section 3.

(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.

Power of 68. The Government may, from time to time, issue such directions to the

Government University, as they may deem fi t, for giving effect to the provisions of this Act and it

to issue shall be the duty of the University, to comply with such directions.

directions.

69. For the removal of doubts, it is hereby declared that members of the Removal of authorities of the Thiruvalluvar University elected or nominated or otherwise as such doubts.

members under the 2002 Act, from the colleges deemed to have been affi liated to

the University under sub-section (5) of section 63 of this Act and holding offi ce as

such members in any of the authorities of the Thiruvalluvar University immediately

before the date of commencement of this Act shall continue to be such members

till the term of offi ce expires.

Amendment to

70. (1) In section 1 of the 2002 Act, for sub-section (2), the following

2002 Act.

sub-section shall be substituted, namely:—

"(2) It extends to the area comprising the districts of Vellore, Tirupattur,

Ranipet and Thiruvannamalai in the State of Tamil Nadu."

(2) For the Schedule to the 2002 Act, the following Schedule shall be

substituted, namely:—

"THE SCHEDULE.

[See sections 2(e) and 60-A.]

1. Government Arts College, Thiruvannamalai.

2. Aringar Anna Government Arts College, Cheyyar.

3. Muthurangam Government Arts College, Vellore.

4. Government Thirumagal Mills College, Gudiyatham.

5. Aringar Anna Government Arts College for Women, Walajapet.".

THE SCHEDULE.

[See sections 2(f) and 2 (l).]

1. Periyar Arts College, Cuddalore.

2. Government Arts College, Chidambaram.

3. Thirukolanjiappar Government Arts College, Virudhachalam.

4. Aringar Anna Government Arts College, Villupuram.

5. Thiru A.Govindasamy Government Arts College, Thindivanam.

STATEMENT OF OBJECTS AND REASONS

The Hon'ble Chief Minister has made an announcement on the 16th September 2020 on the fl oor of the Assembly under rule 110 of the Tamil Nadu Legislative Assembly Rules that based on the request of the Hon'ble Minister (Law, Courts and Prisons) and the people of Villupuram, Thiruvalluvar University would be bifurcated and a new University at Villlupuram would be established and the new University would start functioning from this academic year itself.

2. To give effect to the above said announcement, the Government have decided to establish a new University named as Dr J Jayalalithaa University at Villupuram, by bifurcating the Thiruvalluvar University.

3. The Bill seeks to give effect to the above decision.

K.P. ANBALAGAN, Minister for Higher Education and Agriculture Chennai-600 009, 5th February 2021.

K. SRINIVASAN, Secretary.

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill which was introduced in the Legislative Assembly of the State of Tamil Nadu on 5th February, 2021 is published together with Statement of Objects and Reasons for general information:—

L.A. Bill No. 7 of 2021

A Bill further to amend the Annamalai University Act, 2013 and

the Tamil Nadu Dr. M.G.R. Medical University Chennai, Act, 1987.

B(cid:3469) it enacted by the Legislative Assembly of the State of Tamil Nadu in

the Seventy-second Year of the Republic of India as follows:—

PART – I.

PRELIMINARY.

Short title and 1. (1) This Act may be called the Annamalai University and the

commencement.

Tamil Nadu Dr. M.G.R. Medical University, Chennai (Amendment) Act,

2021.

(2) It shall come into force at once.

PART – II.

AMENDMENTS TO THE ANNAMALAI UNIVERSITY ACT, 2013.

Amendment of Tamil Nadu Act 20 of

2. In section 1 of the Annamalai University Act, 2013 (hereinafter in

section 1.

2013.

this Part referred to as the 2013 Act), in sub-section (2), for the expression

"Cuddalore District", the expression "Cuddalore district excluding the area

of 113.21 acres, wherein the Rajah Muthiah Medical College and Hospital,

Rajah Muthiah Dental College and Hospital and Rani Meyyammai College

of Nursing are situated" shall be substituted.

3. In section 35 of the 2013 Act, in sub-section (2), the expression Amendment of "medicine, dental" shall be omitted.

section 35.

PART – III.

AMENDMENT TO THE TAMIL NADU DR. M.G.R. MEDICAL

UNIVERSITY CHENNAI, ACT, 1987.

Amendment of Tamil Nadu Act 37 of

4. In section 2 of the Tamil Nadu Dr.M.G.R. Medical University

1987.

section 2.

Chennai, Act, 1987, in clause (r), the expression "excluding the Annamalai

Nagar as defi ned in clause (a) of section 2 of the Annamalai University Act,

1928 (Tamil Nadu Act I of 1929)" shall be omitted.

STATEMENT OF OBJECTS AND REASONS

Based on the announcement made by the Hon'ble Deputy Chief Minister in his budget speech 2020 – 2021 orders were issued in G.O.(Ms) No.16, Higher Education (H1) Department, dated 27.01.2021 for handing over the Rajah Muthiah Medical College and Hospital, Rajah Muthiah Dental College and Hospital and Rani Meyyammai College of Nursing attached to Annamalai University to the Government in Health and Family Welfare Department, for treating them as Government Institutions.

2. To give effect to the said order, the Government have decided to amend the Annamalai University Act, 2013 (Tamil Nadu Act 20 of 2013) and the Tamil Nadu Dr.M.G.R. Medical University Chennai, Act, 1987 (Tamil Nadu Act 37 of 1987).

3. The Bill seeks to give effect to the above decision.

K.P. ANBALAGAN, Minister for Higher Education and Agriculture.

Chennai-600 009, 5th February 2021.

K. SRINIVASAN, Secretary.

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following Bill which was introduced in the Legislative Assembly of the State of Tamil Nadu on 5th February, 2021 is published together with Statement of Objects and Reasons for general information:—

L.A. Bill No. 8 of 2021

A Bill further to amend the Tamil Nadu Goods and Services Tax Act,

2017.

B(cid:3469) it enacted by the Legislative Assembly of the State of Tamil Nadu

in the Seventy-second Year of the Republic of India as follows:—

1. (1) This Act may be called the Tamil Nadu Goods and Services

Short title and Tax (Amendment) Act, 2021.

commencement.

(2) It shall come into force at once.

Tamil Nadu Act 19

2. In section 173 of the Tamil Nadu Goods and Services Tax Act, 2017, Amendment of of 2017.

after clause (v), the following clause shall be added, namely:—

section 173.

Tamil Nadu Act XX

"(vi) section 14 of the Tamil Nadu Sugar Factories Control Act,

of 1949.

1949 shall be omitted.".

STATEMENT OF OBJECTS AND REASONS.

Consequent on the coming into force of the Constitution (One Hundred and First Amendment) Act, 2016, the Government enacted the Tamil Nadu Goods and Services Tax Act, 2017 (Tamil Nadu Act 19 of 2017), with effect from 01.07.2017, which subsumed the value added tax, luxury tax, entertainment tax, betting tax, advertisement tax, tax on entry of motor vehicles within the local areas and cess. Hence, the provision relating to levy of cess on sugarcane under section 14 of the Tamil Nadu Sugar Factories Control Act, 1949 (Tamil Nadu Act XX of 1949) has to be repealed. Accordingly, the Government have decided to amend section 173 of the said Tamil Nadu Act 19 of 2017 suitably for the abovesaid purpose.

2. The Bill seeks to give effect to the above decision.

K.C.VEERAMANI, Minister for Commercial Taxes.

Chennai-600 009, 5th February 2021.

K. SRINIVASAN, Secretary.

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