TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 384]

CHENNAI, TUESDAY, AUGUST 31, 2021

Aavani 15, Pilava, Thiruvalluvar Aandu-2052

Part IV—Section 1

Tamil Nadu Bills

[139]

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

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2021

[Price: Rs. 4.80 Paise.

Ex-IV-1-384—E

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.

(1) This Act may be called the Tamil Nadu Universities Laws

(Amendment and Repeal) Act, 2021.

Short title and

commencement.

(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

Act 20

of 2013.

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

to as ‘the 2013 Act’),—

Amendment of

section 1.

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(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

section 2.

3. In section 2 of the 2013 Act,—

(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

section 4.

4. In section 4 of the 2013 Act,—

(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:—

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

141

“(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;”.

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

namely:—

Insertion of new

section 4-A.

“4-A. College not to be aﬃ liated 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.’’.

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

shall be added at the end, namely:—

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

Amendment of

section 5.

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

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

(f) shall be omitted;

Amendment of

section 19.

(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;

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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

the

Vice-Chancellor by rotation according to seniority;

(g)

One

University Assistant

Professor

nominated

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

section 20.

8. In section 20 of the 2013 Act,—

(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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

143

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

namely:—

Substitution of

section 22.

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

the following persons, namely:-

Class – I Ex-Oﬃ cio Members.

(a) The Vice-Chancellor;

(b) Deans of Faculties;

(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;

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:

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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

eﬀ ect from the date of its acceptance by the Chancellor.”.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

145

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.

Amendment of

section 23.

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.

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

shall be inserted, namely:—

Amendment of

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;”.

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

be substituted, namely:—

Amendment of

section 31.

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

approved colleges and laboratories;”.

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.

Amendment of

section 36.

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

namely:—

Insertion of new

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 eﬀ ect 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 aﬀ ect,—

(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 oﬀ ence committed against the said Acts; or

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.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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 eﬀ ect accordingly unless and until superseded

by anything done or any action taken under the corresponding provisions of

this Act.

Addition of

Schedule.

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

added, namely:—

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

147

THE SCHEDULE.

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

Periyar Arts College, Cuddalore.

Governments Arts College, Chidambaram.

Thirukolanjiappar Government Arts College, Virudhachalam.

Aringar Anna Government Arts College, Villupuram.

Dharmapuram Gnanambigai Government Arts College for

Women, Mayiladuthurai.

Thiru A.Govindasamy Government Arts College, Thindivanam.

PART – III.

AMENDMENTS TO THE

BHARATHIDASAN UNIVERSITY ACT, 1981.

Tamil Nadu Act 2

of 1982.

17. In the Bharathidasan University Act, 1981,—

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

substituted, namely:—

“(2) It extends to the area comprising the districts of

Ariyalur,

Karur,

Nagappattinam,

Perambalur,

Pudukkottai,

Thanjavur,

Trichirappalli and Thiruvarur.”.

Amendment of

section 1.

(2) in the Schedule, the entry “9. Dharmapuram Gnanambigai

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

Amendment of

Schedule.

PART – IV.

REPEAL OF Dක. J JAYALALITHAA UNIVERSITY ACT, 2021.

Tamil Nadu Act 5

of 2021.

18. (1) The Dr. J Jayalalithaa University Act, 2021 is hereby repealed.

Repeal of

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.

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149

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 eﬀ ect 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