L.A. Bill No. 25 of 2021 (Tamil)

© GOVERNMENT OF TAMIL NADU 2021

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

[R. Dis. No. 197/2009.

[Price: Rs. 4.80 Paise.

No. 384] CHENNAI, TUESDAY, AUGUST 31, 2021 Aavani 15, Pilava, Thiruvalluvar Aandu-2052

Part IV—Section 1

Tamil Nadu Bills

BILL 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 31st August, 2021 is published together with Statement of Objects and Reasons for general information:—

L.A. Bill No. 25 of 2021

A Bill further to amend the Annamalai University Act, 2013, Bharathidasan

University Act, 1981 and to repeal the Dr. J Jayalalithaa University Act,

2021.

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:—

PART – I.

PRELIMINARY.

Short title and 1. (1) This Act may be called the Tamil Nadu Universities Laws

commencement.

(Amendment and Repeal) Act, 2021.

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

may, by notifi cation, appoint.

PART – II.

AMENDMENTS TO THE ANNAMALAI UNIVERSITY

ACT, 2013.

Tamil Nadu

Amendment of 2. In section 1 of the Annamalai University Act, 2013 (hereinafter referred

to as 'the 2013 Act'),—

Act 20

section 1.

of 2013.

[139]

Ex-IV-1-384—E140 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (1) for the marginal heading, the following marginal heading shall be

substituted, namely:—

"Short title, extent, application and commencement.".

(2) for sub-section (2), the following sub-sections shall be substituted,

namely:—

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

Kallakurichi, Cuddalore and Mayiladuthurai.".

"(2-A) It applies to all colleges and institutions situated within the University area and affi liated to or approved by the University in accordance with the provisions of this Act or 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.".

Amendment of

3. In section 2 of the 2013 Act,—

section 2.

(1) clause (a) shall be relettered as clause (ad) and before clause

(ad) as so relettered, the following clauses shall be inserted, namely:—

"(a) "affi liated college" means a 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, diplomas or other academic

distinctions of the University and includes a college deemed to be affi liated to the

University under this Act and an autonomous college;

(aa) "approved college" means a college situate within the

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

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

includes a college deemed to be approved by the University under this Act;

(ab) "autonomous college" means any affi liated college

designated as an autonomous college by the Syndicate of the University;

(ac) "college" means a college or an institution established or

maintained or approved by or affi liated to the University and providing any course

of study or training for admission to the examinations for degrees, diplomas or

other academic distinctions of the University;";

(2) after clause (c), the following clause shall be inserted, namely:—

"(ca) "Government college" means every college specifi ed in the

Schedule;".

(3) after clause (f), the following clauses shall be inserted, namely:—

"(fa) "Principal" means the head of an affi liated college;

(fb) "Schedule" means the Schedule appended to this Act;".

(4) after clause (i), the following clause shall be inserted, namely:—

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

Villupuram, Cuddalore, Kallakurichi and Mayiladuthurai;".

Amendment of

4. In section 4 of the 2013 Act,—

section 4.

(1) in clause (4), in sub-clause (a), for the expression "University college or laboratory", the expression "University or an affi liated college or an approved college" shall be substituted;

(2) after clause (6), the following clauses shall be inserted, namely:—

"(6a) 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;

(6b) to approve colleges providing courses of study for admission

to the examinations for titles and diplomas of the University under conditions

prescribed and to withdraw such approval:

Provided that no college shall be approved by the University unless the

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

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

(6c) to designate or cancel any college as an autonomous college

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

prescribed;

(6d) to encourage co-operation among the colleges, institutions and

laboratories in the University area in such manner and for such purposes as the

University may determine;

(6e) 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;

(6f) to monitor academically the affi liated colleges and prescribe the

control mechanism to achieve academic excellence;".

Insertion of new 5. After section 4 of the 2013 Act, the following section shall be inserted,

namely:—

section 4-A.

"4-A. College not to be affiliated to any other University and recognition of institutions by University.— (1) No college within the University area shall be affi liated to any University other than the Annamalai University.

(2) No college or an institution affi liated to or associated with or maintained by any other University in this State shall be recognized by the University for any purpose except with the prior approval of the Government and the University concerned.''.

Amendment of 6. In section 5 of the 2013 Act, in sub-section (1), the following expression

shall be added at the end, namely:—

section 5.

"and of any college maintained or approved by or affi liated to the University.".

Amendment of 7. In section 19 of the 2013 Act, in sub-section (2),—

section 19.

(1) under the heading "Class I – Ex-offi cio Members", clauses (b) and

(f) shall be omitted;

(2) under the heading "Class II – Other Members", for the clauses (a)

to (f), the following clauses shall be substituted, namely:—

"(a) Two eminent persons to be nominated by the Chancellor on the recommendation of the Government, who will guide the Vice-Chancellor in administrative, academic and fi nancial matters including any issues connected with social justice and policies of the 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 the 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 clause, "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 by rotation according to seniority; and

(h) One member elected by the Legislative Assembly, from among its

members, representing any of the constituency in the University area.";

(3) in sub-section (4),—

(a) in clause (a), the expression "or the Secretary to Government in-

charge of Health and Family Welfare" shall be omitted;

(b) in clause (b), the expression "or Director of Medical Education"

shall be omitted.

Amendment of

8. In section 20 of the 2013 Act,—

section 20.

(1) after clause (f), the following clauses shall be inserted, namely:—

"(fa) to prescribe conditions for affi liating colleges within the

University area and withdraw the affi liation;

(fb) 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;

(fc) to provide such lectures and instructions for students of

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;

(fd) to recognise colleges as approved colleges;

(fe) to designate any college as an autonomous college with the

concurrence of the Government and to cancel such designation;

(ff) to arrange for and direct the inspection of all affi liated and

approved colleges and hostels;";

(2) in clause (i), in item (i), after the expression "University", the expression "or laboratory or an affi liated college or an approved college'' shall be inserted;

(3) in clause (m), after the expression "charged", the expression "for

approval and affi liation of colleges" shall be inserted;

(4) in clause (z), for the expression "of the University", the expression "in the University, affi liated colleges, approved colleges and hostels" shall be substituted.

Substitution of 9. For section 22 of the 2013 Act, the following section shall be substituted,

namely:—

section 22.

"22. Academic Council.— (1) The Academic Council shall consist of

the following persons, namely:-

Class – I Ex-Officio Members.

(a) The Vice-Chancellor;

(b) Deans of Faculties;

(c) University Librarian; and

(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 the 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 the affi liated colleges 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 its members, representing any of the constituency in the University area;

(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) Four members from private industries, research organizations

and public sector undertakings to be nominated by the Chancellor on

the recommendation of the Government;

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

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

Government;

(m) Two alumini nominated by the Pro-Chancellor on the

recommendation of the Vice-Chancellor; and

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

Academic Council:

Provided 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 the Academic Council by virtue of clause (n) under 'Class II - Other Members' in sub-section (1) is unable to attend a meeting 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 meeting;

(ii) In case the Director of Collegiate Education or the Director of Technical Education who is a member of the Academic Council, by virtue of clause (n) under 'Class II - Other Members' in sub-section (1) is unable to attend a meeting 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 meeting.

(3) (i) Save as otherwise provided, elected or 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.

(ii) 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.".

Amendment of

section 23.

10. In section 23 of the 2013 Act, in sub-section (2), in clause (c), in item (i), after the expression "University" the expression "and its affi liated colleges or approved colleges" shall be inserted.

11. In section 25 of the 2013 Act,— Amendment of

section 25.

(1) in sub-section (1), clause (d) shall be omitted;

(2) in sub-section (2), the expression "or the Secretary to Government,

in-charge of Health and Family Welfare" shall be omitted.

Amendment of 12. In section 29 of the 2013 Act, after clause (o), the following clauses

shall be inserted, namely:—

section 29.

"(oa) the conditions of recognition of approved colleges and of affi liation

to the University;

(ob) 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 and Boards of Studies;".

Amendment of 13. In section 31 of the 2013 Act, for clause (a), the following clause shall

be substituted, namely:—

section 31.

"(a) the admission of students to the University, affi liated colleges,

approved colleges and laboratories;".

Amendment of

section 36.

14. In section 36 of the 2013 Act, for the expression "member of a University", the expression "member of the University or an affi liated college or approved college" shall be substituted.

Insertion of new 15. After section 52 of the 2013 Act, the following section shall be inserted,

namely:—

section.

52-A. Certain Acts not to apply.— (1) Subject to the provisions of sub-sections (2) to (8), the Bharathidasan University Act, 1981 (Tamil Nadu Act 2 of 1982) and the Dr J Jayalalithaa University Act, 2021 (Tamil Nadu Act 5 of 2021) shall, with effect on and from the date of commencement of the Tamil Nadu Universities Laws (Amendment and Repeal) Act, 2021 (hereinafter referred to as "the 2021 Act"), cease to apply in respect of the areas to which the provisions of this Act extend.

(2) Such cessor shall not affect,—

(a) the previous operation of the Bharathidasan University Act, 1981 (Tamil Nadu Act 2 of 1982) and the Dr. J Jayalalithaa University Act, 2021 (Tamil Nadu Act 5 of 2021) (hereinafter referred to as "the said Acts") in respect of the areas referred to in sub-section (1);

(b) any penalty, forfeiture or punishment incurred in respect

of any offence committed against the said Acts; or

(c) any investigation, legal proceedings 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 such penalty, forfeiture or punishment may be imposed as if the 2021 Act had not been passed.

(3) Notwithstanding anything contained in sub-section (1), all statutes,

ordinances and regulations made under the said Acts and in force on the date of

commencement of the 2021 Act 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 to be 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 commencement of

the 2021 Act was a student of a college within the University area affi liated to,

or approved by, the Bharathidasan University or Dr. J Jayalalithaa University,

as the case may be, was eligible to appear for any of the examinations of the

Bharathidasan University or Thiruvalluvar University, respectively, shall be

permitted to complete his course of study in the Bharathidasan University or the

Thiruvalluvar University, as the case may be, and the Annamalai 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 Annamalai

University, in accordance with the course of study in the Bharathidasan University

or the Thiruvalluvar University, as the case may be, and such students shall,

during such period, be admitted to the examinations held or conducted by the

Bharathidasan University or the Thiruvalluvar University, as the case may be,

and the corresponding degree, diploma or other academic distinctions of the

Bharathidasan University or the Thiruvalluvar University, as the case may be,

shall be conferred upon the qualifi ed students on the result of such examinations,

by the Bharathidasan University or the Thiruvalluvar University, respectively.

(5) All colleges within the University area which immediately before

the commencement of the 2021 Act,—

(a) continue to be affi liated to, or recognized by, the Bharathidasan University and or the Thiruvalluvar University, as the case may be; and

(b) provide courses of study for admission to the examinations for degrees of the Bharathidasan University or the Thiruvalluvar University, as the case may be, shall be deemed to be colleges affi liated to the Annamalai 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 commencement of the 2021 Act, continue to be recognized by the

Bharathidasan University or the Thiruvalluvar University, as the case may be,

as colleges providing courses of study for admission to the examinations of

the said University, for titles and diplomas, shall be deemed to be colleges

approved by the Annamalai 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 continue to be recognized

by the Bharathidasan University or the Thiruvalluvar University, as the case may

be, immediately before the commencement of the 2021 Act shall be deemed

to be hostels recognized by the Annamalai 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 (7), anything done or any action taken before

the commencement of the 2021 Act under any provisions of the said Acts in

respect of any area to which the provisions of this Act extend shall be deemed to

have been done or any action 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.

Addition of

16. After section 58 of the 2013 Act, the following Schedule shall be

added, namely:—

Schedule.

THE SCHEDULE.

[See sections 2(ca) and 2(fb)]

1. Periyar Arts College, Cuddalore.

2. Governments Arts College, Chidambaram.

3. Thirukolanjiappar Government Arts College, Virudhachalam.

4. Aringar Anna Government Arts College, Villupuram.

5. Dharmapuram Gnanambigai Government Arts College for

Women, Mayiladuthurai.

6. Thiru A.Govindasamy Government Arts College, Thindivanam.

PART – III.

AMENDMENTS TO THE

BHARATHIDASAN UNIVERSITY ACT, 1981.

Tamil Nadu Act 2

17. In the Bharathidasan University Act, 1981,—

of 1982.

Amendment of (1) in section 1, for sub-section (2), the following sub-section shall be

substituted, namely:—

section 1.

"(2) It extends to the area comprising the districts of Ariyalur, Karur, Nagappattinam, Perambalur, Pudukkottai, Thanjavur, Trichirappalli and Thiruvarur.".

Amendment of (2) in the Schedule, the entry "9. Dharmapuram Gnanambigai

Government Arts College for Women, Mayiladuthurai" shall be omitted.

Schedule.

PART – IV.

REPEAL OF D(cid:3482). J JAYALALITHAA UNIVERSITY ACT, 2021.

Tamil Nadu Act 5 18. (1) The Dr. J Jayalalithaa University Act, 2021 is hereby repealed. Repeal of of 2021.

Dr. J Jayalalithaa

University Act,

2021. (2) The Vice-Chancellor of the Dr. J Jayalalithaa University holding offi ce as such immediately before the date of commencement of the 2021 Act shall, on and from the date of such commencement, cease to hold offi ce as such Vice-Chancellor.

STATEMENT OF OBJECTS AND REASONS.

The Government have decided to convert the Annamalai University from Unitary type to affi liating type, by affi liating the colleges situated in Villupuram, Cuddalore, Kallakurichi and Mayiladuthurai districts and accordingly to amend the Annamalai University Act, 2013 (Tamil Nadu Act 20 of 2013) and the Bharathidasan University Act, 1981(Tamil Nadu Act 2 of 1982) suitably and also to repeal the Dr.J Jayalalithaa University Act, 2021(Tamil Nadu Act 5 of 2021) for the said purpose.

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

DR. K. PONMUDY, Minister for Higher Education.

MEMORANDUM REGARDING DELEGATED LEGISLATION.

Clauses 1(2), 8, 9, 12 and 13, of the Bill authorise, the Government, the Syndicate and the Academic Council of the University to prescribe the manner and method of giving effect to certain provisions of the proposed Act, when enacted and brought into operation, by issuing suitable notifi cations, statutes, ordinances or directions, as the case may be.

2. The powers delegated are normal and not of an exceptional character.

DR. K. PONMUDY, Minister for Higher Education.

Chennai-600 009,

K. SRINIVASAN,

31st August 2021.

Secretary.

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