The MADRAS UNIVERSITY ACT, 1923
Tamil Nadu · state statute
Open in Lexace · Ask the AI about this actTHE MADRAS UNIVERSITY ACT, 1923 19 CHAPTER I PRELIMINARY Short title and 1.(1) This Act may be called Madras oer Universi commencement. the Madras University Act, 1923. A mn. (2) This Section shall come into force at once. The 1923 as . . Amendedby rest of this Act shall come into force on such date or ayadras Act dates as the Local Government may, by notification, x7 of 1929, appoint, and different dates may be appointed for and as different provisions of this Act. further amended by Definiti 2. In this Act, unless there is (Adaptation n mi . . . . efmitions. —_ anything repugnant in the subject of Indian or context- Laws) Orders, ‘(a) ‘Affiliated College’ means any college affiliated 1937 and to the University and providing courses of study for 1940 and as admission to the examinations for degrees of the /“”#er iversity and includes acollege deemed tobe affiliated @”°"4e University and inc udes a colleg the Madras to the University under the Madras University 4ct2of (Amendment) Act, 1966; 1966 ‘(aa) ‘Approved College’ means any college Act 2 of approved by the University and providing courses of 1966. study for admission to the examinations for titles and diplomas and the Pre-University examination of the University and includes a college deemed to be approved by the University under the Madras University (Amendment) Act, 1966; a The word ‘Central’ was substituted for the word Local by the Government. of India(Adaptation of Indian Laws) Order 1937 In this place and all other places where the word ‘Local’ occurred. The word Local was substituted for the word ‘Central’ by the Government of India(Adaptation of Indian Laws) Order, 1940 in this place and all other places where the word ‘Central’ was substituted in 1937. 20 THE MADRAS UNIVERSITY ACT, 1923 Act 10 of 1977 Act XII of 1929 Act 2 of 1966 Act Xilof 1929 Act 2 of 1966 ™ (aaa) ‘autonomous College’ means any college designated as an autonomous college by Statues:” *(aaaa) ‘College’ means any college or any institution maintained or approved by or affiliated to the University and providing courses of study for admission to the examinations of the University; *(b), [c],[cc] omitted. (d) ‘Hostel’ means, a unit of residence for students of the University maintained or recognized by the University in accordance with the provisions of this Act. 3(e) ‘Post-Graduate College’ means a University college or an affiliated college providing post-graduate courses of study leading up-to-the post-graduate degrees of the University. *(ee) Omitted. 3(f) ‘Prescribed’ means, prescribed by [this Act, or] Statutes, Ordinance or Regulations. (g) ‘Principal’ means, the head of a *[College] 5[(gg) ‘Professional College’ means, a college in which provided courses of study leading up-to-the professional degrees of the University). ] S[(h) ‘Registered Graduate’ means, a graduate registered under this Act.] 1. This Clause was inserted by Tamil Nadu Act 10 of 1977. 2. Substituted for the original by the Madras University Amendment Act 1966 (Madras Act 2 of 1966.) * Omitted by Madras Act 2 of 1966. These words were added by Section 2 (Madras Act XII of 1929) These words were substituted by Madras Act 2 of 1966 This Clause was added by Section 2 (Madras Act XII of 1929) This Clause was substituted by Madras Act 2 of 1966. Dm sb Ww THE MADRAS UNIVERSITY ACT, 1923 21 '[@i) ‘Statutes’, ‘Ordinances’ and ‘Regulations’ mean respectively the Statutes, Ordinances and Regulations of the University made under this Act.] *[(Gj) ‘Teachers’ means, such professors, assistant professors, readers, lecturers, librarians and other like persons as may be declared by the Statutes to be teachers.] (k) ‘Teachers of the University’ means, persons appointed by the University to give instructions on its behalf. (1) ‘University ‘ means, the University of Madras as reconstituted under this Act. 3[(m) ‘University Centre’ means any area within the State of Madras except the area comprising the revenue districts of Madurai, Ramanathapuram, Tirunelveli and Kanyakumari recognised by the State Government on the recommendation of the University and containing one or more colleges competent to engage in higher teaching and research work and to promote University life in a manner calculated to prepare for the institution of a new University. ] ‘[(n) ‘University College’ means a college or a college combined with a research institute maintained by the University (whether instituted by it or not) and providing courses of study leading up to the post-graduate and professional degrees; | 5[(0) ‘University Laboratory’ means, a laboratory maintained by the University, (whether instituted by it or not) and intended for carrying on and advancement of research work; ] 1 & 2 These Clauses were substituted by the Madras University Amendment Act 1966 (Madras Act 2 of 1966.) 3,4 & 5 These Clauses were substituted by the Madras University Amendment Act 1966 (Madras Act 2 of 1966.) Act 2 of 1966 Act 2 of 1966 22 THE MADRAS UNIVERSITY ACT, 1923 'T(p) ‘University Professor’ , “University Reader’ or Act 2 of 1966 “University Lecturer’ means Professor, Reader or Lecturer respectively appointed as such by the University;] 2I(q) ‘University Library’ means a library maintained by the University whether instituted by it or not.] 1 & 2 These Clauses were substituted by the Madras University Amendment Act 1966 (Madras Act 2 of 1966.) THE MADRAS UNIVERSITY ACT, 1923 23 CHAPTER II THE UNIVERSITY 3.(1) The first Chancellor, Pro-Chancellor and Vice- Chancellor of the University and the first members of the Senate, the Syndicate, [and] the Academic Council, '[**] and all persons who may hereafter become such officers or members so long as they continue to hold such office or membership are hereby constituted a body corporate by the name of the University of Madras. The University (2) The University shall have perpetual succession and a common seal and shall sue and be sued by the name of the University of Madras. 4. As from the date on which Section 3 and this section are brought into operation the Chancellor shall cease to exercise his functions under any Act or Acts heretofore in force, and the Vice-Chancellor and all Fellows and Honorary Fellows of the University of Madras as constituted and incorporated by any Act or Acts heretofore in force shall cease to be the Vice- Chancellor, Fellows and Honorary Fellows of the University respectively. Vacation of Fellowship. *(4-A. The University shall have the following powers, namely:- (1) to provide for instruction and training in such branches of learning as it may think fit and Act VII of 1923 and Act XII of 1929 Act VI of 1929 Act XI of 1929, 1 The words “and the Council of Affiliated Colleges” were omitted by Section 3 of the Madras University (Amendment) Act. 1929 (Madras Act XII of 1929) 2 This section was inserted by Section 4 ibid. 24 THE MADRAS UNIVERSITY ACT, 1923 Act XII of 1929. As amended by Act XXVI of 1943 and as further amended by Act 2 of 1966. Act 10 of 1977 to make provisions for research and for the advancement and dissemination of knowledge; Powers of the University (2) to establish, maintain and manage Institutes of Research; (3) to make such provision as will enable '[affiliated and approved Colleges] to undertake specialisation of studies and to organize common laboratories, libraries and other equipment for research work; (4) to institute professorships, readerships, lecturerships and any other teaching post required by the University and to appoint persons to such professorships, Associate Professorships, readerships, lecturerships and other teaching posts; (5) to institute degrees, titles, diplomas and other academic distinctions; (6) 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 affiliated or approved College] unless exempted therefrom in the manner prescribed by the Statutes and shall have passed the prescribed examinations of the University; or (b) shall have carried on research under conditions prescribed; 2(6-A) to confer degrees, titles, diplomas and other academic distinctions on persons who shall have pursued an approved course of study in an autonomous college; 1 Words substituted by the Madras University Amendment Act 1966 (Madras Act 2 of 1966) 2 This Clause was inserted by Tamil Nadu Act 10 of 1977. THE MADRAS UNIVERSITY ACT, 1923 25 (7) to confer honorary degrees or other distinction under conditions prescribed; 1[(8) to institute, maintain and manage University colleges, laboratories, libraries, museums and other institutions necessary to carry out the object of the University;] 2[(9) to affiliate colleges to the University as affiliated professional or post-graduate colleges under conditions prescribed and to withdraw affiliation from colleges. | 3[(9-A) to approve colleges providing courses of study for admission to the examinations for titles and diplomas and the Pre-University examination of the University under conditions prescribed and to withdraw such approval;] 4(9-B) to designate any college as an autonomous college with the concurrence of the State Government in the manner and under conditions prescribed and to cancel such designation; 5(10) to recommend to the Local Government the recognition of °(any area within the State of Tamil Nadu except the area comprising the revenue Districts of Madurai, Ramanathapuram, Tirunelveli and Kanyakumari] Thanjavur as a University Centre]; (11) to establish, maintain and manage hostels, to recognize hostels not maintained by the University and to withdraw recognition therefrom; 1 & 2 Clause substituted for the original by the Madras University Amendment Act 1966 (Madras Act 2 of 1966.) 3 & 5 Clauses substituted by the Madras University Amendment Act 1966 (Madras Act 2 of 1966) 4 This Clause was substituted by Tamil Nadu Act 10 of 1977. 6 Substituted for original by the Madras University Amendment Act 1966 . Act 10 of 1977 Act 2 of 1966 Act XH of 1929. 26 THE MADRAS UNIVERSITY ACT, 1923 Act 2 of 1966 Act 2 of 1966 Act 2 of 1966 Act 2 of 1966 '[(12) to institute and award fellowships, travelling fellowships, scholarships, studentships, bursaries, exhibitions, medals and prizes.] *[(12-A) to hold and manage endowments and other properties and funds of the University and to raise loans required for the purposes of this Act;] (13) to fix fees and to demand and receive such fees as may be prescribed; (14) to create and manage an affiliated college fund; (15) to make grants from the funds of the University for the maintenance of a University Training Corps; (16) to exercise such control over the students of the University through the colleges as will secure their health and well-being; 3[(16-A) to institute and maintain a University Extension Board;] (17) 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. | 5[(18) to encourage co-operation among the colleges, laboratories and Institutes in the University 1 & 2 Substituted for original by the Madras University Amendment Act 1966. 3 New Clause inserted by the Madras University Amendment Act 1966. 4 Words Substituted by the Madras University Amendment Act 1966. 5 Substituted for original by the Madras University Amendment Act 1966. THE MADRAS UNIVERSITY ACT, 1923 27 and co-operate with other Universities and other authorities in such manner and for such purposes as the University may determine]; and (19) generally to do all such other acts and things as may be necessary or desirable to further the objects of the University. 115. (1) No person shall be qualified for election as a member of any of the authorities of the University, if, on the date of nomination or election, he is - Disqualification for membership (a) of unsound mind, a deaf-mute or suffering from leprosy; (b) an applicant to be adjudicated insolvent or an undischarged. insolvent; (c) sentenced by a criminal court to imprisonment for any offence involving moral turpitude. (2) In case of dispute of doubt, the Syndicate shall determine whether a person is disqualified under sub- section and its decision shall be final.] *[5-A. Restriction for election or nomination to Senate, Syndicate and Academic Council in certain cases [1] notwithstanding anything contained in Sections 14, 18 or 23, any person who has completed two terms of three years each, continuously in any one or two of the following authorities of the University namely:-** (i) the Senate (ii) the Syndicate and 1 Substituted for original by the Madras University Amendment Act 1966. * This Clause was inserted by the Tamil Nadu Universities Law (Amendment Act, 1997 (Act No.41 of 1998) Act 2 of 1966 THE MADRAS UNIVERSITY ACT, 1923 Act XII of 1929 and Act 2 of 1966 (iii) the Academic Council Shall be eligible, after a period of three years has elapsed from the date of his ceasing to be such member, for election or nomination to any of the above mentioned authorities. Provided that for the purpose of this Sub-section, if a person was elected or nominated to one authority and such person became a member of another authority by virtue of the membership in the first mentioned authority, the period for which he held office in the first mentioned authority alone shall be taken into account. (2) Nothing in sub-section (1) shall have application in respect of- (i) ex-officio members referred to in Section 14(a), but not including members of the Syndicate who are not otherwise members of the Senate referred to in item (10), (ii) ex-officio members referred to in Section 18(a), and (iii) ex-officio members referred to in Section 23(a), but not including members of the Syndicate who are not otherwise members of the Academic Council referred to in item (5).” 'T6. No attendance at instruction given in any (college or institution) other than Attendance that conducted, *(affiliated to or qua ifying or approved by the University) shall University . . . qualify for admission to any examinations examinations of the University.] 1 This Section was substituted for the original by Section 6 of the Madras University (Amendment) Act, 1929 (Madras Act XII of 1929) 2 & 3 Words substituted by the Madras Act 2 of 1966. THE MADRAS UNIVERSITY ACT, 1923 29 '6-A. Colleges in the University area not to be affiliated to any other University and recognition of institutions by the University;- (1) No college within the University area shall be affiliated to any University established by or under any law in force other than the University of Madras. (2) No Institution affiliated to, or associated with, or maintained by, any other University established by or under any law in force shall be recognised by the University for any purpose except with the prior approval of the Government and the concerned University. (3) Notwithstanding anything contained in any other law for the time being in force, any affiliation or recognition granted by any other University established by, or under any law in force to any institution within the University area, prior to the date of publication of the Madras University and Madurai-Kamaraj University (Amendment) Ordinance, 1983 in the Tamil Nadu Government Gazette, shall be deemed to be withdraw on and from the said date. Explanation:- For the purpose of this Section, “University area” means the area comprising the districts of Madras, Chengalpattu, North Arcot, South Arcot, Salem and Dharmapuri in the State of Tamil Nadu.] 7. (1) The Provincial Government shall have the right to cause an inspection to be Visitation. made by such person or persons as it may direct, of the University, its buildings, laboratories, libraries, museums, workshops and equipment and of any institutions maintained, recognised or approved by or affiliated to the University and also of the teaching and 1 This Clause was inserted by Tamil Nadu Act 46 of 1983. Act 46 of 1983 Act VI 1923 and Act XII of 1929, as further amended by theG.O.I. (Adaptationof Indian LansyOrdas 187 and1940. 30 THE MADRAS UNIVERSITY ACT, 1923 Act 2 of 1966 other work conducted by the University and to cause an inquiry to be made in respect of any matter connected with the University. The Provincial 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. (2) The Provincial Government shall communicate to the Senate and to the Syndicate its views with reference to the results of such Inspection or inquiry and may, after ascertaining the opinion of the Senate and the Syndicate thereon advise the University upon the action to be taken. (3) The Syndicate shall report to the Provincial Government the action, if any, which is proposed to be taken or has been taken upon the results of such inspection or inquiry. Such report shall be submitted with the opinion of the Senate thereon and within such time as the Provincial Government may direct. (4) Where the Senate or the Syndicate does not within a reasonable time take action to the satisfaction of the Provincial Government, the Provincial Government may, after considering any explanation furnished or representation made by the Senate or the Syndicate, issue such directions as it may think fit and the Senate and the Syndicate shall comply with such directions. ‘(In the event of the Senate or the Syndicate or both not Complying with such directions within such time as may fixed in that behalf by the State Government, the State Government shall have the power to take such action as they think necessary for securing compliance with such directions.) 1. Inserted by Madras Act 2 of 1966. THE MADRAS UNIVERSITY ACT, 1923 31 Officers of the 1[8. The following shall be the Act XII of University officers of the University:- 1929. (1) The Chancellor; (2) The Pro-Chancellor; (3) The Vice-Chancellor; (4) The Registrar; and (5) Such other persons as may be declared by the Statues to be officers of the University. ] Act VI of 9. (1) 2[The Governor of Tamil Nadu shall be the 1923 and Chancellor of the University.] He Act XII of The Chancellor Shall by virtue of his office be the 1929, as head of the University and ‘ter . . amended by President of the Senate and shall, when present, preside 4, ¢Q1 at the meetings of the Senate and at any Convocation of (4daptation the University. of Indian Laws) (2) The Chancellor shall exercise such powers as_ Qrders, may be conferred on him under the provisions of this 1937 and (3) Where power is conferred upon the Chancellor 4ct 2 of to nominate persons to authorities, the Chancellor shall, 966 to the extent necessary, nominate persons to represent 3(interest) not otherwise adequately represented. 10. “[(1) The Minister administering the subject Act 2 of of education in the Province of Madras 1966 The Pro- Chancellor for the time being shall be the Pro- Chancellor of the University. ] 1. This Section was substituted for the original by Section 8 of the Madras University (Amendment) Act, 1929 (Madras Act XII of 1929). 2 & 4.This sub-section was substituted for the original by Section 10 of the Madras University (Amendment) Act, 1929 (Madras Act XII of 1929), 3. Words substituted for original by the Madras University Amendment Act 1966 (Madras Act 2 of 1966). 32 THE MADRAS UNIVERSITY ACT, 1923 Act 2 of 1966 (2) In the absence of the Chancellor, or during the Chancellor’s inability to act, the Pro-Chancellor, shall exercise all the functions of the Chancellor. ‘[11. (1) Every appointment of the Vice-Chancellor shall be made by the Chancellor The Vice- from out ofa panel of three names Chancellor 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 comumnittee, 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 the Vice- Chancellor” (2) For the purpose of sub-section (1), the Committee shall consist of three persons of whom one shall be nominated by the Senate, one shall be nominated by the Syndicate and one shall be nominated by the Chancellor: Provided that the person so nominated shall not be a member of any of the authorities of the University. (3) The Vice-Chancellor shall hold office for a period of three years and shall be eligible for re- appointment for not more than two successive terms. (4) When any temporary vacancy occurs in the office of the Vice-Chancellor or if the Vice-Chancellor 1. This section substituted by the Madras University Amendment Act 1966 (Madras Act 2 of 1966) 2. Inserted by the Madras University (Amendment Act of 1992 (Act No. 1 of 1993) THE MADRAS UNIVERSITY ACT, 1923 33 is, by reason of absence or for any other reason, unable to exercise the powers and perform the duties of his office, the syndicate shall, as soon as possible, make the requisite arrangements for exercising the powers and performing the duties of the Vice-Chancellor. (5) The Vice-Chancellor shall be a whole time officer of the University and shall be entitled to such emoluments, allowances and privileges as may be prescribed by the Statues. 12. (1) The Vice-Chancellor shall be the principal executive officer of the University and shall in the absence of the Chancellor and Pro- Chancellor, preside at meetings of the Senate and at any Convocation of the University. He shall bea member ex-officio and \(Chairman of the Syndicate, the Academic Council and the Finance Committee) and shall be entitled to be present at and to address any meeting of any authority of the University but shall not be entitled to vote thereat unless he is a Member of the authority concerned. (2) It shall be the duty of the Vice-Chancellor to ensure that the provisions of this Act, the Statues, Ordinances and Regulations are faithfully observed and carried out and he may exercise all powers necessary for this purpose. Powers and duties of the Vice-Chancellor. (3) The Vice-Chancellor shall have power to convene Meetings of the senate, the Syndicate, *[the Academic Council and the Finance Committee. ] (4) (a) In any emergency which in the opinion of the Vice-Chancellor requires that immediate action 1 & 2 Words substituted by the Madras University Amendment Act 1966 (Madras Act 2 of 1966). Act VI of 1923 and Act XII of 1929 and Act 2 of 1966. Act 2 of 1966. Act X of 1942 THE MADRAS UNIVERSITY ACT, 1923 Act XI of 1929 Act 2 of 1966 should be taken, he may take such action with the sanction of the Chancellor or the Pro-Chancellor and shall as soon as may be thereafter report his action to the officer or authority who or which would have ordinarily dealt with the matter. (b) When action taken by the Vice-Chancellor under this Sub-section affects any person in the service of the University, such person shall be entitled to prefer an appeal to the Syndicate within thirty days from the date on which he has notice of such action. (5) The Vice-Chancellor shall give effect to the orders of the Syndicate regarding the appointment, dismissal and Suspension of the teachers of the University and its servants and shall exercise general control over the affairs of the University. (6) The Vice-Chancellor shall exercise such other powers as may be prescribed. 1[12-A. (1) The Registrar shall be a whole-time paid officer of the University appointed The Registrar. by the Syndicate for such period and on such terms as may be prescribed by Statutes (2) The Registrar shall exercise such powers and perform such duties as may be prescribed. (3) In all suits and other legal proceedings by or against the University, the pleadings shall be signed and verified by the Registrar and all processes in such suits and proceedings shall be issued to, and served on, the Registrar. | 1 This Section was added by Section 13 of the Madras University (Amendment) Act, 1929 (Madras Act XII of 1929). 2 New Clause inserted by Madras Act 2 of 1966. THE MADRAS UNIVERSITY ACT, 1923 35 Authorities of 13. The following shall be the University. authorities of the University: Act VII of 1923 and (1) The Senate, Act XII of 1929 and (2) The Syndicate, Act 2 of . : 1966 (3) The Academic Council, (4) The Faculties, *(4-A) The Finance Committee, (5) The Boards of Studies, '(and) 2(e*) 3[(6) such other “(bodies) as may be declared by the Statues to be authorities of the University. ] * Inserted by the Madras University Amendment Act 1966. This word was inserted by Section 14 Act XII of 1929. The Clause “(6) the Council of the Affiliated Colleges, and” was omitted by Section 14 ibid. 3. The figure ‘(6)’ was substituted for the ‘(7)’ by Section 14 ibid. 4 This word was substituted for the word “authorities’ by Section 14 ibid. Noe 36 THE MADRAS UNIVERSITY ACT, 1923 CHAPTER Il The Senate — Powers and Duties 1[14.?[a] [The Senate shall consists of (1) (2) (3) 14) (5) (6) (7) “[(7-A) (8) (9) (10) the following persons, namely; -] Ex-officio Members. The Chancellor; The Pro-Chancellor; The Vice-Chancellor; Omitted.] The Director of Collegiate Education, Madras; The Director of Secondary Education, Madras. The Director of Technical Education, Madras; The Director of Medical Education;] The Principals of affiliated colleges who have served as principals for not less than three years; Every whole-time University Professor in charge of a Department; and Members of the Syndicate who are not otherwise members of the Senate. Life Members 5[(1) & (2) Omitted.] Other Members (1) Twenty members elected by registered graduates from among themselves in accordance with the system of proportional representation by means of the single transferable vote; 1 & 2 This Section was substituted for the original by Section 15 of Madras Act XII of 1929 and amended by Madras Act 2 of 1966. eA Rw This was omitted by Tamil Nadu Act 9 of 1980. This Clause was substituted by Tamil Nadu Act 42 of 1979. This was omitted by Tamil Nadu Act 11 of 1982. Now termed as “Chennai.” THE MADRAS UNIVERSITY ACT, 1923 37 (2) Ten members elected by the Academic Council from among its own body of whom not less than five shall be teachers of affiliated colleges; (3) Six members elected by the Members of the Legislative Assembly of the State of Madras from among themselves in accordance with the system of proportional representation by means of the single transferable vote; (4) Three members elected by the Members of the Legislative Council of the State of Madras from among themselves in accordance with the system of proportional representation by means of the single transferable vote; (5) Three members elected by the principals of approval colleges from among themselves in accordance with the system of proportional representation by means of the single transferable vote; (6) One member elected by the headmasters of high schools in each of the following revenue districts, or groups of revenue districts, from among themselves, namely:- (a) Coimbatore and the Nilgiris; (b) Salem and Dharmapuri; (c) North Arcot; (d) Chingleput and Madras; (e) South Arcot; (f) Thanjavur; (g) Tiruchirapalli; (7) One member elected by the Councillors of the Municipal Corporation of Madras from among themselves; 38 THE MADRAS UNIVERSITY ACT, 1923 (8) One member elected by the chairman of municipal Councils and of Panchayat Union Councils in each revenue district in the State of Madras, except the area comprising the revenue districts of Madurai, Ramanathapuram, Tirunelveli and Kanyakumari, from among such Chairman and the Members of Municipal Councils, Panchayat Union Councils and Panchayat in such revenue districts; and (9) Fifteen members nominated by the Chancellor of whom not less than ten shall be nominated to secure the representation of the Scheduled Castes and Scheduled Tribes not otherwise adequately represented. * ek Ok K 14(b) (i) Save as otherwise provided, elected and nominated members of the Senate shall hold office for a period of three years and such members shall be eligible for re-election or re-nomination. (ii) Where a member is elected or nominated to the Senate to a casual vacancy, the period of office held for not less than one year by any such member shall be construed as a full period of three years for the purpose of this Clause. Explanation : For the purpose of this Clause, the expression “period” shall include the period held prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazettee”. Provided that a member of the Legislative Assembly of the State of Tamil Nadu shall cease to be a member of the Senate from the date on which he ceases to be a member of the Legislative Assembly of the State of Tamil Nadu. * Items 10 to 14(a) are omitted under “Other Members” (Vide Page 24 of the University Calendar Vol.1, 1964-65). ** — This Clause was inserted by the Tamil Nadu Universities Law (Amendment) Act, 1997 (Act No 41 of 1998) THE MADRAS UNIVERSITY ACT, 1923 39 Provided further that where an elected or nominated member of the Senate is appointed temporarily to any of the office by virtue of which he is entitled to be a member of the Senate ex-officio, 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 Senate by virtue of his election or nomination or whether he will vacate office as such member and become a member ex-officio by virtue of his appointment and the choice shall be conclusive. On failure to make such choice, he shall be deemed to have vacated his office as an elected or nominated member. Explanation: For the removal of doubts, it is hereby declared for the time being in force or in any judgement, decree or order of any court, every person who has been elected to the Senate of the Madras University, in his capacity as a member of the Legislative Assembly and who had ceased to be a member of the Legislative Assembly but holding office as a member of the Senate immediately (before the date of the publication of this Act in the Tamil Nadu Government Gazettee, shall cease to be a member of the Senate of the University on the date of the publication of this Act in the Tamil Nadu Government Gazette.) Every person who ceases to be a member of the Senate by reason of the operation of this Act shall cease to be a member of the Syndicate, Academic Council or any other authority of the University of which he may happen to be a member by virtue of his membership of the Senate. On failure to make such choice, he shall be deemed to have vacated his office as an elected or nominated member. (c) When a person ceases to be a member of the Senate he shall cease to be a member of any of the authorities of the University of which he may happen to be member by virtue of his membership of the Senate. 40 THE MADRAS UNIVERSITY ACT, 1923 Act XI of 1929 Act 2 of 1966 1T15. The Senate shall be supreme governing body of the University and shall have The Senate to be . . power to review the action of the the Supreme Syndicate and of the Academic Governing body yn Council save where the Syndicate and the Academic Council have acted in accordance with powers conferred on them under this Act, the statutes, the Ordinances or the Regulations and shall exercise all the powers of the University not otherwise provided for and all powers requisite to give effect to the provisions of this Act; Provided that if any question arises whether the Syndicate or the Academic Council has acted in accordance with such powers as aforesaid or not, the question shall be decided by a resolution passed by two- thirds of the number of the members present and voting at a meeting of the Senate and the decision shall be final. | 2[16. In particular and without prejudice to the generality of the powers Powers of the Senate. (1) to make Statues and amend or repeal the same; (2) to modify or cancel Ordinances and Regulations in the manner prescribed by this Act; (3) to encourage co-operation among University colleges and laboratories, affiliated colleges and approved colleges; (4) to provide for instruction and training in such branches of learning as it may think fit; 1. This Section was substituted for the original by Section 16 of the Madras University (Amendment) Act, 1929 (Madras Act XII of 1929) 2. This Section was substituted for the original by the Madras University Amendment Act, 1966 (Madras Act 2 of 1966) THE MADRAS UNIVERSITY ACT, 1923 41 (5) to institute and maintain institutes of research, University colleges, University laboratories, libraries and museums; (6) to prescribe in consultation with the Academic Council the conditions for approving colleges or institutions in which provision is made for courses of study for admission to the Pre-University examination or for the preparation of students for Titles or diplomas of the University and to withdraw such approval; (7) to provide for research and advancement and dissemination of knowledge; (8) to Institute, after consultation with the Academic council, professorships, readerships, lecturerships, and any other teaching posts required by the University; (9) to prescribe after consultation with the Academic Council, the conditions for affiliating colleges to the University and to withdraw affiliation from colleges; 1[(9-A) to prescribe in consultation with the Academic Council, 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;] (10) to provide, after consultation with the Academic Council, such lectures and instructions for students of University Colleges, affiliated colleges and approved colleges as the Senate may determine and also to provide for lectures and instructions to persons not being students of colleges and to grant diplomas to them; (11) to provide for the inspection of all colleges and hostels; 1. This Clause was inserted by Tamil Nadu Act 10 of 1977 Act 10 of 1977 42 THE MADRAS UNIVERSITY ACT, 1923 (12) to institute, degrees, titles, diplomas and other academicdistinctions; (13) to confer degrees, titles, diplomas and other academic distinctions on persons who- (a) shall have pursued an approved courses of study in a University college or laboratory or in an affiliated or approved College or have been exempted therefrom in the manner prescribed and shall have passed the prescribed examinations of the University; or (b) shall have carried on research under conditions prescribed; (14) to confer honorary degrees or other distinctions on the recommendations of not less than two-thirds of the members of the Syndicate; (15) to establish and maintain hostels; (16) to institute, after consultation with the Academic Council, fellowships, travelling fellowships, scholarships, studentships, bursaries, exhibitions, medals and prizes; (17) to prescribe the fees to be charged for the approval and affiliation of colleges, for admission to the examination, degrees and diplomas of the University, for the registration of graduates, for the renewal of such registration and for all or any of the purposes specified in Section 4-A; (18) to consider and take such action as it may deem fit on the annual report, the annual accounts and the financial estimates; (19) to institute, after consultation with the Academic Council, a University Extension Board and to maintain it; (20) to institute, after consultation with the Academic Council, a Publication Bureau, Students Unions, Employment Bureau and University Athletic Clubs and other similar Associations and to maintain them; THE MADRAS UNIVERSITY ACT, 1923 43 (21) 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; (22) to make Statutes regulating the method of election to the authorities of the University and the procedure at the meeting of the senate, the 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 Senate; (23) to recommend to the State Government the recognition of any area within the State of Madras except the area comprising the revenue districts of Madurai, Ramanathapuram, Tirunelveli, and Kanyakumari, as a University Centre; (24) to co-operate with other Universities, other academic authorities and colleges in such manner and for such purposes as it may determine; and (25) to delegate such of its powers as it may deem fit to any authority or authorities of the University constituted under this Act. 17. 1(1) The Senate shall meet at least twice a year on dates to be fixed by the Vice- Chancellor one of such meetings shall be called the annual meeting. The Senate may also meet at such other times as it may, from time to time, determine. Meetings of the Senate. (2) ?[Twenty-Five] members of the Senate shall be the quorum for a meeting of the Senate. 1. This sub-section was substituted for the original by Section 18 of the Madras University [Amendment] Act, 1929 [Madras Act XII of 1929.] 2. Words substituted by the Madras Act 2 of 1966 Act VII of 1923 and Act XII of 1929. 44 THE MADRAS UNIVERSITY ACT, 1923 ‘Provided that such quorum shall not be required at a Convocation of the University or a meeting of the Senate, held for the purpose of conferring degrees, titles, diplomas or other academic distinctions. (3) The Vice-Chancellor may, whenever he thinks fit, and shall, upon a requisition in writing signed by not less than 35 members of the Senate, convene a special meeting of the Senate. 1. This proviso was added by the Madras University (Amendment) Acct III of 1942. THE MADRAS UNIVERSITY ACT, 1923 45 Act VI of 1923 and Act XII of 1929 and Act 2 of 1966 CHAPTER IV THE SYNDICATE 18. (a) The Syndicate shall, in addition to the Vice-Chancellor, consist of the The Syndicate. following persons, namely:- Ex-officio Members 21) The Secretary to the Government in- charge of Education. 4(1-A) The Secretary to the Government in-charge of Health and Family Welfare- 5(1-AA) The Secretary to the Government in-charge of Law (1-(AAA) The Director of Higher Education, Madras (2) The Director of Technical Education, Madras 3(3) The Director of Medical Education and §(4) The Director of Legal Studies 7(aa) In case the Secretary to Government in-charge of (Higher) Education, or the Secretary to the Government in-charge of Health and Family Welfare 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 officer of his Department 1 Sub-section substituted by the Madras Act 2 of 1966. 2 This clause was added by the Tamil Nadu Act 9 of 1980. 3 This sub-section was added by the Tamil Nadu Act 42 of 1979 4 to 7 This clause was added by the Tamil Nadu Act 75 of 1986 6 & 7 Tamil Nadu Universities Laws (Amendment Act), 1986 (Tamil Nadu Act, 75 of 1986) 46 THE MADRAS UNIVERSITY ACT, 1923 not lower in rank than that of Deputy Secretary to Government to attend the meetings. Other Members (1) Six members elected by the Senate from among its members. (2) Five members elected by the Academic Council from among its members of whom four shall be teachers of affiliated colleges and the remaining shall be a teacher of an approved college; (3) Three members nominated by the Chancellor; (4) Three University professors from among the Heads of Departments of study and research, schools of excellence or centres of advanced studies, nominated by the Chancellor on the recommen- dation of the Vice-Chancellor, by rotation among such Departments, Schools and Centres. (5) One University Reader nominated by the Vice-Chancellor by rotation according to seniority, and (6) One University lecturer nominated by the Vice-Chancellor by rotation according to seniority. *[b](i) Save as otherwise provided, elected and nominated mem- bers of the Syndicate shall hold office for a period of three years and such members shall be eligible for re-election or re-nomination. (ii) Where a member is elected or nominated to the Syndicate to a casual vacancy, the period of office held for not less than one year by any such member shall be construed as a full period of three years for the purpose of this clause. Explanation : For the purpose of this Clause, the expression “period shall include the period held prior to the date of the 1, This Clause was substituted by the Tamil Nadu Act 19 of 1982 2. This Clause was inserted by Tamil Nadu Act VI of 1923 (Act No.7 of 1954) 3. This Clause was subscribed by the Tamil Nadu universities laws(Amendment) Act 1991 (Act 9 of 1992) * This Clause was inserted by the Tamil Nadu Universities Law (Amendment) Act, 1997 (Act No.41 of 1997) THE MADRAS UNIVERSITY ACT, 1923 47 publication of the Tamil Nadu Universities Law (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazette”. Provided also that where an elected or nominated member of the Syndicate is appointed temporarily to any of the offices by virtue of which he is entitled to be a member of the Syndicate ex-officio, 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 office as such member and become a member ex-offcio by virtue of his appointment and the choice shall be conclusive. On failure to make such choice, he shall be deemed to have vacated his office as an elected or nomi- nated member ; '[Provided also that a member of the Syndicate shall cease to be a member if he subsequently becomes a whole-time University Professor, [University Reader, University Lecturer or whole-time teacher of the Uni- versity]. (c) 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. Powers of the *[19. The Syndicate shall Syndicate. have the following powers, namely ;- 1 This clause was omitted. 2 This section was substituted for the original by Section 20 of the Madras University Amendment Act, 1929, (Madras Act XII of 1929)- Vide also Amendment Act, 1943 (No XXVII of 1943)-Sec.5, Act 2 of 1966. Act XI of 1929 48 THE MADRAS UNIVERSITY ACT, 1923 Act XII of 1929 Amended by Act 2 of 1966. (a) to make Ordinances and amend or repeal the same ; (b) to hold, control and administer the properties and funds of the University ; (c) to direct the form, custody and use of the common seal of the University ; (d) to regulate and determine all matters concerning the University in accordance with this Act, the Statutes, the Regulations and the Ordinances ; (e) to frame the financial estimates of the University and submit the same to the Senate ; (f) to administer all properties and funds placed at the disposal of the University for specific purposes ; (g) to appoint the University Professors and Readers '[and Lecturers] and the Teachers and servants of the University, fix their emoluments, if any, define their duties and the conditions of their service; an
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