LexThe Tamil Nadu University Laws (Amendment and Repeal) Act, 2011
Tamil Nadu · state statute
Open in Lexace · Ask the AI about this actTHE TAMIL NADU UNIVERSITY LAWS (AMENDMENT AND REPEAL) ACT, 2011 ACT NO.20 OF 2011 ARRANGEMENT OF SECTIONS Sections 1. Short title and commencement. 2. Insertion of new section 1-A 3. Amendment of section 2. 4. Amendment of section 3. 5. Amendment of section 5. 6. Insertion of new section 5-A. 7. Amendment of section 8. 8. Amendment of section 11. 9. Amendment of section 13. 10. Insertion of new section 15-A. 11. Amendment of section 17. 12. Amendment of section 29. 13. Amendment of section 19. 14. Amendment of section 31. 15. Insertion of new Chapter VIII. 16. Amendment of Schedule I. 17. Amendment of Schedule II. 18. Certain officers and members of authorities of Universities to cease to hold office. 19. Vice-Chancellor to cease to hold office. 20. Power to remove difficulties. THE TAMIL NADU UNIVERSITY LAWS (AMENDMENT AND REPEAL) ACT, 2011 ACT NO.20 OF 2011 [24th September 2011] An Act further t o am end the Anna University A ct, 1978 and to repeal certain University Laws. Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty -second Year of the Republic of India as follows:— 1. Short title and commencement. - (1) This Act may be called the Tamil Nadu University Laws (Amendment and Repeal) Act, 2011. (2) It shall come into force on such date as the State Government may, by notification, appoint. 2. Insertion of new section 1 -A.- After section 1 of the Anna University Act, 1978 (hereinafter referred to as the principal Act), the following section shall be inserted, namely:— “1-A. Application of this Act.— This Act applies to— (a) all constituent colleges; (b) all colleges and institutions deemed to be affiliated to, or approved by, the University under this Act; (c) all colleges and institutions situated within the University area and affiliated to, or approved by, the University in accordance with the provisions of this Act or the statutes, ordinances and regulations made thereunder.”. 3. Amendment of section 2.- In section 2 of the principal Act,— (1) for clauses (a), (b), (c) and (d), the following clauses shall be substituted, namely:- “(a) “affiliated college” means any college or institution situate within the University area and affiliated to the University and providing courses of study in engineering, technology and allied sciences for admission to the examinations for degrees, diplomas and other academic distinctions of the University and includes a college deemed to be affiliated to the University under this Act and includes an autonomous college; (aa) “appointed day” m eans such date as the Government may, by notification, appoint under sub-section (2) of section 1; (ab) “approved college” means any 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; (ac) “autonomous college” means any college designated as an autonomous college by or under the statutes; (ad) “Chairman” means the head of the faculty; (ae) “college” means a college or institution establishe d or maintained by or affiliated to the University and providing any course of study or training in engineering, technology and allied sciences for admission to the examination for degrees, diplomas and other academic distinctions of the University; (b) “constituent college” means every college and institution specified in Schedule I and includes a college established or maintained by the University for providing any course of study or training in engineering, technology and allied sciences for admission to the examination for degrees, diplomas or other academic distinctions; (c) “Dean” means the head of the constituent college; (d) “Director” means the head of research and development or the head of every centre of Advanced Study, as may be prescribed;”; (2) after clause (h), the following clause shall be inserted, namely:— “(ha) 'Principal' means the head of an affiliated college;”; (3) after clause (I), the following clause shall be added, namely:— “(m) “University area” means the whole of th e State of Tamil Nadu excluding Annamalai Nagar as defined in clause (a) of section 2 of the Annamalai University Act, 1928 (Tamil Nadu Act I of 1929).”. 4.Amendment of section 3. - In section 3 of the principal Act, sub -sections (3) and (4) shall be omitted. 5. Amendment of section 5. - In section 5 of the principal Act, after clause (ab), the following clauses shall be added, namely:— “(ac) to affiliate colleges to the University under conditions prescribed and to withdraw such affiliation: Provide d that no college shall be affiliated 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; (ad) to approve institutions pro viding training for admission to the examinations for degrees, diplomas and other academic distinctions of the University under conditions prescribed and to withdraw such approval: Provided that no institution shall be approved by the University unless the permission of the Government to establish such institution has been obtained and the terms and conditions, if any, of such permission have been complied with; (ae) to designate any college as an autonomous college with the prior concurrence of the Government under conditions prescribed and to cancel such designation; (af) 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; (ag) to monitor ac ademically and administratively the affiliated colleges in order to prescribe the control mechanism to achieve academic excellence; (ah) to establish and maintain such Regional offices as may be determined by the University, from time to time; (ai) to confer such powers and duties on Regional offices as may be decided by the University.” 6.Insertion of new section 5 -A.- After section 5 of the principal Act, the following section shall be inserted, namely:— “5-A. Colleges not to be affiliated to any o ther University. — No college within the University area shall be affiliated to any University other than the Anna University.” 7. Amendment of section 8.- In section 8 of the principal Act,— (1) for clause (5), the following clause shall be substituted, namely :— “(5) The Chairmen of Faculties;”; (2) in clause (7), the word “and” shall be omitted; (3) after clause (7), the following clause shall be inserted, namely:— “(7-A) The Controller of Examinations; and”. 8. Amendment of section 11.- In section 11 of the principal Act, for sub -sections (3), (4) and (4 -A), the following subsections shall be substituted, namely:— “(3) The Vice-Chancellor shall hold office for a period of three years: Provided that the Vice -Chancellor may, by writing under his hand addressed to the Chancellor and after giving two month's notice, resign his office: Provided further that a person appointed as Vice -Chancellor shall retire from office if, during the term of his office, he completes the age of sixty-five years. (4) When any temporary vacancy occurs in the office of the Vice -Chancellor or when the Vice -Chancellor is, by reason of illness, absence or for any other reason unable to exercise the powers and perform the duties of his office, the senior most Professor of the University shall exercise the pow ers and perform the duties of the V ice -C h a n ce llo r till the Syndicate makes the requisite arrangements for exercising the powers and performing the duties of the Vice-Chancellor. (4-A) The Vice-Chancellor shall not be removed from his office except by an order of the Chancellor passed on the ground of willful omission or refusal to carry out the provisions of this Act or for abuse of the powers vested in him and on the advice tendered by the Government on consideration of the report of an inquiry ordered by them under sub -section (4-B). (4-B) For the purposes of holding an inquiry under section (4 -A), the Government shall appoint a person who is or has been a judge of the High Court or who is or ha s been an officer of the Government not below the rank of Chief Secretary to Government. The inquiry authority shall hold the inquiry after giving an opportunity to make representation by the Vice-chancellor and shall submit a report to the Government on t he action to be taken including penalty, if any, to be imposed, and the Government shall on consideration of the report advise the Chancellor. The Chancellor shall Act in accordance with such advice, as far as may be, in any case within three months.” 9.Amendment of section 13.- In section 13 of the principal Act,— “(1) in the marginal heading, for the expression “Directors”, the expression “Chairmen” shall be substituted; (2) for the expression “Director”, the expression “Chairman of a Faculty” shall be substituted.” 10. Insertion of new section 15 -A.- After section 15 of the principal Act, the following section shall be inserted, namely:— “15-A. The Controller o f Examinations. -(1) The Controller of Examinations shall be an academician in the field of engineering, technology and allied sciences and a whole time officer of the University appointed by the Syndicate on such terms and conditions as may be fixed by the Syndicate. (2) The Controller of Examinations shall hold office for a period of thre e years and shall be eligible for reappointment for a further period of three years: Provided that no person appointed as Controller of Examinations shall hold office on attaining the age of superannuation. (3) The Controller of Examinations shall exerci se such powers and perform such functions and discharge such duties as may be prescribed in the statutes.”. 11. Amendment of section 17. - In section 17 of the principal Act, for sub -section (2), the following sub-section shall be substituted, namely: — "(2) The Syndicate shall, in addition to the Vice-Chancellor, consist of the following members, namely:— Class I - Ex-officio Members. (a) The Secretary to Government, in-charge of Higher Education; (b) The Secretary to Government, in-charge of Industries; (c) The Secretary to Government, in-charge of Information Technology; (d) The Secretary to Government, in-charge of Law; and (e) The Director of Technical Education. Class II - Other Members (a) One member from among the Chairmen of the Faculties nominated by the Chancellor on the recommendation of the Vice-Chancellor; (b) One member from among the Professors and Head of the Departments of the Government engineering colleges, nominated by the Chancellor, on the recommendation of the Vice-Chancellor; (c) One member representing Industries, Public and Private Sectors nominated by the Government; (d) One member representing Research Institutions having special knowledge and practical experience in Industry and Commerce, nominated by the Government; (e) Two members from among the principals of the affiliated colleges nominated by the Government; (f) Two members from the management of the affiliated engineering colleges (aided and self-financing), nominated by the Government; and (g) One member elected by the Members of the Legislative Assembly of the State from among themselves.” 12. Amendment of section 29.- In section 19 of the principal Act, in sub-section (2), for the expression “Dean”, the expression “Chairman” shall be substituted. 13. Amendment of section 19.- In section 29 of the principal Act,— (1) in clause (x), the following expression shall be added at the end, namely:— “and affiliated colleges or institutions;”; (2) after clause (xvi), the following clauses shall be inserted, namely:— “(xvi-a) the conditions of affiliation of colleges to the University; (xvi-b) 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 matters incidental to the administration of autonomous colleges including the constitution or reconstitution, powers and duties of Standing Committee on Academic Affairs, Staff Council, Boards of Studies and Boards of Examiners.” 14. Amendment of section 31.- In section 31 of the principal Act, in sub-section (1), for clause (i), the following clause shall be substituted, namely:— “(i) The admission of the students to the University and its constituent colleges and monitoring the admission of the students in the affiliated colleges;” 15. Insertion of new Chapter VIII.- After Chapter VII of the principal Act, the following Chapter shall be inserted, namely:— CHAPTER VIII. REPEAL OF CERTAIN UNIVERSITY LAWS AND TRANSFER OF CERTAIN COLLEGES 33. (1) Repeal of University Law s.— The Anna University of Technology, Tiruchirappalli Act, 2006 (Tamil Nadu Act 41 of 2006), the Anna University of Technology, Coimbatore Act, 2006 (Tamil Nadu Act 42 of 2006), the Anna University of Technology, Tirunelveli Act, 2007 (Tamil Nadu Act 28 of 2 007), the Anna University of Technology, Chennai Act, 2010 (Tamil Nadu Act 26 of 2010) and the Anna University of Technology, Madurai Act, 2010 (Tamil Nadu Act 27 of 2010) (hereinafter in this section referred to as the University Acts) are hereby repealed. (2) Such repeal shall not affect— (a) the previous operation of the University Acts in respect of the areas to which the provisions of this Act extend; (b) any penalty, forfeiture or punishment incurred in respect of any offence committed against the University Acts; (c) any investigation, legal proceedings or remedy in respect of such penalty, forfeiture or punishment, and any such investigation, legal proceedings or remedy may be instituted, continued or enforced and any such penalty, forfeit ure or punishment may be imposed as if the Tamil Nadu University Laws (Amendment and Repeal) Act, 2011 had not been passed. (3) All statutes, ordinances and regulations made under this Act and in force on the date of commencement of the Tamil Nadu Univers ity Laws (Amendment and Repeal) Act, 2011 (hereinafter in this Chapter referred to as the notified date), shall come into force in the University area. (4) Every person who immediately before the notified date was a student of a college or institution wi thin the University area affiliated to, or approved or maintained by the Anna University of Technology, Tiruchirappalli, Anna University of Technology, Coimbatore, Anna University of Technology, Tirunelveli, Anna University of Technology, Chennai and Anna University of Technology, Madurai or was eligible to appear for any of the examinations in engineering, technology and allied sciences of the said Universities shall be permitted to complete his course of study in the Anna University and the Anna Universit y 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 Anna University in accordance with the course of study in the Anna University and such students shall, dur ing such period, be admitted to the examinations held or conducted by the Anna University and the corresponding degree, diploma or other academic distinctions of the Anna University shall be conferred upon the qualified students on the result of such examinations, by the Anna University. (5) All colleges within the University area which immediately before the notified date,— (a) continue to be affiliated to, or recognised by the Anna University of Technology, Tiruchirappalli, Anna University of Technolo gy, Coimbatore, Anna University of Technology, Tirunelveli, Anna University of Technology, Chennai and Anna University of Technology, Madurai, and (b) provide courses of study for admission to the examination for degrees, diplomas or other academic disti nctions of the Anna University of Technology, Tiruchirappalli, Anna University of Technology, Coimbatore, Anna University of Technology, Tirunelveli, Anna University of Technology, Chennai and Anna University of Technology, Madurai, shall be deemed to be c olleges affiliated to the Anna University under this Act and the provisions of this Act, shall, as far as may, apply accordingly. (6) All colleges within the University area which immediately before the notified date continue to be approved by the Anna Un iversity of Technology, Tiruchirappalli, Anna University of Technology, Coimbatore, Anna University of Technology, Tirunelveli, Anna University of Technology, Chennai and Anna University of Technology, Madurai and providing courses of study for admission t o the examinations of the said Universities, for titles and diplomas, shall be deemed to be colleges approved by the Anna University under this Act, and the provisions of this Act shall, as far as may, apply accordingly. (7) All hostels within the Univers ity area which continue to be maintained or recognised by the Anna University of Technology, Tiruchirappalli, Anna University of Technology, Coimbatore, Anna University of Technology, Tirunelveli, Anna University of Technology, Chennai and Anna University of Technology, Madurai immediately before the notified date shall be deemed to be hostels maintained or recognised by the Anna University under this Act and the provisions of this Act shall, as far as may, apply accordingly. (8) On and from the notified date,— (a) all constituent colleges of the Anna University of Technology, Tiruchirapalli, Anna University of Technology, Coimbatore, Anna University of Technology, Tirunelveli, Anna University of Technology, Chennai and Anna University of Technology, Madurai, shall cease to be constituent colleges of the respective Universities and shall be transferred to, and maintained by, the Anna University as the constituent colleges of that University. (b) all properties, assets and liabilities of the Anna Univers ity of Technology, Tiruchirappalli, Anna University of Technology, Coimbatore, Anna University of Technology, Tirunelveli, Anna University of Technology, Chennai and Anna University of Technology, Madurai and of their constituent colleges shall stand trans ferred to, and vest in, the Anna University; (9) (a) Every person who, immediately before the notified date is serving in the Anna University of Technology, Tiruchirappalli, Anna University of Technology, Coimbatore, Anna University of Technology, Tirune lveli, Anna University of Technology, Chennai and Anna University of Technology, Madurai or in any of the constituent colleges of that Universities shall cease to be an employee of that Universities, or of the constituents colleges, as the case may be; (b) As soon as may be, after the notified date, the Government may, after consulting the Vice-Chancellors of the Universities in the State and such other authorities, as they deem fit, direct, by general or special order, that the employees referred to in clause (a), as specified in such order, shall stand allotted to serve in connection with the affairs of an University or an educational institution or a Government department, with effect on and from the date, as may be specified in such order. (10) Subje ct to the provisions of sub -section (2) but without prejudice to the provisions of sub -sections (3) to (9), anything done or any action taken before the notified date under any provisions of the University Acts in respect of any area to which the provisions of this Act apply shall be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to have effect accordingly unless and until superseded by anything done or any action taken under the corresponding provisions of this Act. 34. Transfer of accumulations in provident fund and other like funds. — (1) The sums at the credit of the provident fund accounts of the persons referred to in clause (b) of sub - section (9) of section 33 as on the date specified in the order under clause (b) of sub-section (9) of section 33 shall be transferred to the University or the educational institution or the Government department, as the case may be, to which such person is allotted and the liability in respect of the said provident fund accounts sha ll be the liability of such University or the educational institution or the Government department. (2) There shall be paid to the University or the educational institution or the Government department referred to in sub -section (1), out of the accumulati ons in the superannuation fund and other like funds, if any, of the Anna University of Technology, Tiruchirappalli, Anna University of Technology, Coimbatore, Anna University of Technology, Tirunelveli, Anna University of Technology, Chennai and Anna Unive rsity of Technology, Madurai, as the case may be, such amounts as have been credited to the superannuation fund or other like funds, if any, on behalf of the persons referred to in clause (b) of sub - section (9) of section 33. The amounts so paid shall form part of the superannuation funds or other like funds, if any, of the University or the educational institution or the Government department, as the case may be, for the benefit of its employees.” 16.Amendm ent of Schedule I.- In Schedule I to the principal Act,— (1) for the expression “See sections 2(b) and 3(3)”, the expression “See section 2(b)” shall be substituted; (2) item I shall be renumbered as item I-A and before item I-A as so renumbered, the following item shall be inserted, namely:— “I. The College of Engineering, Guindy, Chennai.”. 17. Amendment of Schedule II.- In Schedule II to the principal Act,— (1) in the statutes, for the expression “Deans” and “Dean”, wherever they occur, the expression “Chairmen” and “Chairman” shall be substituted; (2) after statute 2, the following statute shall be inserted, namely:— “2-A. Deans o f constituent colleges. — (1) Every Dean shall be appointed by the Vice-Chancellor from among the Professors in the University for a period of three years and he shall be eligible for reappointment: Provided that a Dean on attaining the age of superannuation shall cease to hold office as such. (2) When the office of the Dean is vacant, or when the Dean is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of his office shall be performed by such persons as the Vice-Chancellor may appoint for the purpose. (3) The Dean shall have such powers and functions, as may be prescribed by the ordinance.” (3) in statute 9,— (a) for clause (1), the following clauses shall be substituted, namely:— “(1) The Academic Council shall consist of the following members, namely: Class I - Ex-officio Members (a) The Vice-Chancellor; (b ) The Chairmen of the Faculties; (c) The Director of Library of the University; (d) The Principals of all the Government and Government Aided Engineering Colleges Class II - Other Members (a) Eight members from among the Professors of the University, nominated by the Chancellor on the recommendation of the Vice-Chancellor; (b ) Fifteen members from among the Principals of the affiliated Colleges, nominated by the Chancellor on the recommendations of the Government; (c) Three educationists having proficiency in matters relating to education, research and educational administration, general and technical, nominated by the Chancellor on the recommendations of the Government; (d) Three members from among the Chief Engineers or General Managers from the Departments of the State Government, Railways, Military Engineering Services, Defence, Post and Telegraphs, Telephones and other autonomous organizations in the State, nominated by the Chancellor on the recommendations of the Government; (e) Three persons from Private Industries and Research organizations having proficiency in the matters relating to Industries and Research, nominated by the Chancellor on the recommendations of the Government; (f) Three persons from Public Sector industries of the Central and State Governments in the State having proficiency in matters relating to Industries and Research, nominated by the Chancellor on the recommendations of the Government; (g ) Three persons from professional engineering societies or institutions or bodies or associations, nominated by the Chancellor on the recommendations of the Government; (h) Three persons of eminence from small scale industries or Entrepreneurship Development Board or Ap prenticeship Board of both Central and State Governments, nominated by the Chancellor on the recommendations of the Government; (i) One person from among the teachers of each of the institutions given below, nominated by the Chancellor on the recommendation of the Vice-Chancellor; (i) Indian Institute of Science, Bangaluru; (ii) Indian Institute of Technology, Chennai; (iii) Indian Institute of Management, Bangaluru; and (iv) National Institute of Technology, Tiruchirappalli; (j) Members of the Syndicate not included in any of the above items: Provided that any Chairperson of a Board of Studies may be invited to attend a meeting if his special knowledge may be relevance to the items for discussion at the meeting. (1-A) The Vice -Chancellor shall be the ex -officio Chairman of, and the Registrar shall be the ex-officio Secretary to, the Academic Council.”; (b) after clause (6), the following clause shall be added, namely:— “(7) The Chancellor may, after giving a reasonable opportunity of b eing heard, remove any member of the Academic Council other than an ex -officio member from office, if such member is, in the opinion of the Chancellor, incapable of acting as a member or has abused his position as a member, so as to render his continuance as such member detrimental to the interests of the University.” 18. Certain officers and members of authorities of Universities to cease to hold office.- Notwithstanding anything contained in the Anna University of Technology, Tiruchirappalli Act, 2006 (Tamil Nadu Act 41 of 2006) , the Anna University of Technology, Coimbatore Act, 2006 (Tamil Nadu Act 42 of 2006) , the Anna University of Technology, Tirunelveli Act, 2007 (Tamil Nadu Act 28 of 2007) , the Anna University of Technology, Chennai Act, 2010 (Tamil Nadu Act 26 of 2010) and the Anna University of Technology, Madurai Act, 2010 (Tamil Nadu Act 27 of 2010) (hereinafter in this section referred to as the University Acts),— (a) the Vice -Chancellors, the Registrars, the Finance Officers, Directors, the Controllers of Examinations and other Faculty appointed under the University Acts and holding office as such immediately before the date of commencement of the Tamil Nadu University Laws (Amendment and Repeal) Act, 2011 shall, on and from the date of such commencement, cease to hold office as such Vice -Chancellors, Registrars, Finance Officers, Directors, Controllers of Examinations and Faculty shall be reverted back to the post which they held immediately before their appointment as Vice -Chancellors, Registrars, Finance Officers, Directors, Controllers of Examinations or Faculty as the case may be, if they are otherwise qualified to hold that post; (b) every member of the Authorities of the Anna University of Technology, Tiruchirappalli, Anna University of Technology, Coimbatore, Anna University of Technology, Tirunelveli, Anna University of Technology, Chennai and Anna University of Technology, Madurai, whether elected or nominated or otherwise as such member under the University Acts, and holding office as such member immediately before the date of commencement of the Tamil Nadu University Laws (Amendment and Repeal) Act, 2011 shall, on and from the date of such commencement, cease to be such member of the Authorities. 19. Vice -Chancellor to cease to hold office.- Notwithstanding anything contained in the principal Act, as amended by this Act, the Vice -Chancellor of the Anna University, holding office as such immediately before the date of commencement of the Tamil Nadu University Laws (Amendment and Repeal) Act, 2011 shall, on and from the date of such commencement, cease to hold office as such ViceChancellor. 20. Power to remove difficulties. - If any difficulty arises in giving effect to the provisions of this Act, the Government may, by an order published in the Tamil Nadu Government Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to them to be necessary or expedient for removing the difficulty: Provided that no such order shall be made afte r the expiry of a period of two years from the date of publication of this Act in the Tamil Nadu Government Gazette.