Anna University (Amendment) Act, 2001*
| [Tamil Nadu Act No. 26 of 2001] | [31st December, 2001] |
An Act further to amend the Anna University Act, 1978
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-second Year of the Republic of India as follows:-
* Received the assent of the Governor on the 28th December, 2001 and published in the Tamil Nadu Government Gazette, Extraordinary, No. 865, dated December 31, 2001.
1. Short title and commencement.- (1) This Act may be called the Anna University (Amendment) Act, 2001.
(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 (Tamil Nadu Act 30 of 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 situate 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) clause (a) shall be renumbered as clause (aa) and before clause (aa) as so renumbered, the following clause shall be inserted, 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;"
(2) after clause (aa), the following clauses shall be inserted, namely:-
"(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 established 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;"
(3) for clauses (b), (c) and (d), the following clauses shall be substituted, namely:-
"(b) "constituent college" means every college and institution specified in Schedules I, I-A and I-B;
(c) "Dean" means the head of constituent college;
(d) "Director" means the head of research and development or the head of every centre of Advanced Study, as may be prescribed;"
(4) after clause (h), the following clause shall be inserted, namely:-
"(ha) "Principal" means the head of an affiliated college;"
(5) after clause (1), the following clause shall be added, namely:-
"(m) "University area" means the whole of the State of Tamil Nadu excluding the 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 sections 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 in withdraw such affiliation:
Provided that no college shall be affiliated to the University unless the permission of the Government to establish such college has been obtained and terms and conditions, if any, of such permission have been complied with:
(ad) to approve institutions providing 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 of ???.
(ag) to monitor academically and administratively the affiliated colleges in order to prescribe the control mechanism to achieve academic excellence".
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 other University.-No college within the University area shall be affiliated to any University other than the Anna University."
7. Amendment of section B.- 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 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.
9. Insertion of new section 15-A.- After section 15 of the principal Act the following section shall be inserted, namely:-
"15-A. The Controller of 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 three years and shall be eligible for re-appointment 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 exercise such powers and perform such functions and discharge such duties as may be prescribed in the statutes."
10. Amendment of section 17.- In section 17 of the principal Act,-
(1) 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.
(1) The Secretary to Government, in-charge of Higher Education;
(2) The Secretary to Government, in-charge of Industries;
(3) The Secretary to Government, in-charge of Information Technology;
(4) The Secretary to Government, in-charge of Law; and
(5) The Director of Technical Education.
Class II-Other Members.
(1) Two members from among the Deans nominated by the Chancellor on the recommendation of the Vice-Chancellor;
(2) One member from among the Chairmen of the Faculties nominated by the Chancellor on the recommendation of the Vice-Chancellor;
(3) Two members from among the Professors and Heads of the Departments of the constituent colleges, nominated by the Chancellor on the recommendation of the Vice-Chancellor;
(4) One member from the Directors of various centres of the University nominated by the Chancellor on the recommendation of the Vice-Chancellor;
(5) Four members representing public and private sectors, industries and research institutions having special knowledge and practical experience in industry and commerce, nominated by the Chancellor on the recommendation of the Vice-Chancellor;
(6) Two members elected by the Academic Council from among its members one from among the members belonging to the constituent colleges and one from among the members belonging to the affiliated colleges;
(7) Four members from among the senior Professors and Principals of the affiliated colleges nominated by the Chancellor on the recommendation of the Vice-Chancellor; and
(8) One member elected by the Members of the Legislative Assembly of the State from among themselves."
(2) in sub-section (3-A), in clause (i), for the expression "Secretary to Government, in-charge of Education or the Secretary to Government, in-charge of Health and Family Welfare", the expression "Secretary to Government, in-charge of Higher Education, or the Secretary to Government, in-charge of Industries, or the Secretary to Government, in-charge of Information Technology, or the Secretary to Government, in-charge of Law" shall be substituted.
11. Amendment of section 17-A.- In section 17-A of the principal Act, in sub-section (2), for clause (i), the following clause shall be substituted, namely:-
"(i) ex-officio members referred to in section 17(2), Class-I; and".
12. Amendment of section 19.- 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 29.- 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 the 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, its constituent colleges and to its affiliated colleges;".
15. Amendment of section 33.- In section 33 of the principal Act,-
(1) in sub-section (1),-
(a) for the expression "the college of Engineering, Guindy, Chennai", the expression "the College of Engineering, Guindy, Chennai, specified in Schedule I" shall be substituted;
(b) for the expression "Schedule I" in two places where it occurs, the expression "Schedule I-A" shall be substituted;
(2) in sub-section (2), for the expression "the College of Engineering, Guindy, Chennai and the institutions specified in Schedule 1", the expression "the College of Engineering, Guindy, Chennai specified in Schedule I and the institutions specified in Schedule I-A" shall be substituted.
16. Amendment of section 34.- In section 34 of the principal Act,-
(1) for the expression "the College of Engineering, Guindy, Chennai", in three places where it occurs, the expression "the College of Engineering, Guindy, Chennai specified in Schedule I" shall be substituted;
(2) for the expression "Schedule I", in two places where it occurs, the expression "Schedule 1-A" shall be substituted.
17. Amendment of section 36.- In section 36 of the principal Act,-
(1) for the expression "Schedule-1", the expression "Schedule 1-A" shall be substituted:
(2) For the expression "the College of Engineering, Guindy, Chennai", in two places where it occurs, the expression "the College of Engineering, Guindy, Chennai specified in Schedule 1" shall be substituted.
18. Insertion of new Chapter-VIII-A.- After Chapter-VIII of the principal Act, the following Chapter shall be inserted, namely:-
"CHAPTER-VIII-A
Transfer of Certain Other Colleges, Employees and Funds
38-A. Certain Acts not to apply.-(1) Subject to the provisions of sub-sections (2) to (6), the Chennai University Act, 1923 (Tamil Nadu Act VII of 1923), the Madurai-Kamaraj University Act, 1965 (Tamil Nadu Act 33 of 1965), the Bharathiar University Act, 1981 (Tamil Nadu Act 1 of 1982), the Bharathidasan University Act, 1990 (Tamil Nadu Act 2 of 1982), the Manonmaniam Sundaranar University Act, 1990 (Tamil Nadu Act 31 of 1990) and the Periyar University Act, 1997 (Tamil Nadu Act 45 of 1997) (hereafter in this section referred to as the University Acts) shall, with effect on and from the date of the commencement of the Anna University (Amendment) Act, 2001 (hereinafter referred to as the notified date), cease to apply in respect of every college and institution to which this Act applies.
(2) Such cessor shall not affect-
(a) the previous operation of the University Acts in respect of the colleges and institutions referred to in sub-section (1);
(b) any penalty, forfeiture or punishment incurred in respect of any offence committed against the University Acts; or
(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, forfeiture or punishment may be imposed as if the Anna University (Amendment) Act, 2001 had not been passed.
(3) Notwithstanding any thing contained in sub-section (1), all statutes, ordinances and regulations made under the University Acts and in force on the notified date shall, in so far as they are not inconsistent with the provisions of this Act, continue to be in force in respect of the colleges and institutions referred to in the said sub-section (1), until they are replaced by statutes, ordinances and regulations made under this Act.
(4) Notwithstanding anything contained in this Act, the statutes, ordinances and regulations continued in force under sub-section (3) or made under this Act, every person who immediately before the academic year 2001-2002 was a student of a college or institution within the University areas affiliated to, or approved or maintained by, the Chennai, Madurai-Kamaraj, Bharathiar, Bharathidasan Manonmaniam Sundaranar and Periyar Universities 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 respective Universities; and the Anna 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 Anna University, in accordance with the course of study, in the respective Universities, and such students shall, during such period, be admitted to the examinations held or conducted by the respective Universities and the corresponding degree, diploma or other academic distinctions of the Universities shall be conferred upon the qualified students on the result of such examinations, by the Universities concerned.
(5) All colleges within the University area which immediately before the notified date,-
(a) continue to be affiliated to, or recognised by the Chennai, Madurai-Kamaraj, Bharathiar, Bharathidasan, Manonmaniam Sundaranar and Periyar Universities; and
(b) provide courses of study for admission to the examination for degrees and diplomas of the Universities specified in clause (a).
shall be deemed to be colleges affiliated to the Anna University under this Act and the provisions of this Act shall as far as may be, apply accordingly.
(6) Subject to the provisions of sub-section (2) but without prejudice to the provisions of sub-sections (3) to (5), 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.
38-B. Transfer of certain colleges to University.-(1) Notwithstanding anything contained in the Chennai University Act, 1923 (Tamil Nadu Act VII of 1923), the Madurai-Kamaraj University Act, 1965 (Tamil Nadu Act 33 of 1965) the Bharathiar University Act, 1981 (Tamil Nadu Act 1 of 1982), the Manonmaniam Sundaranar University Act, 1990 (Tamil Nadu Act 31 of 1990) and the Periyar University Act, 1997 (Tamil Nadu Act 45 of 1997), or the statutes, regulations and orders made thereunder, on and from the notified date, the colleges specified in Schedule 1-B shall be transferred to and maintained by, the Anna University as the constituent colleges of that University.
(2) On and from the notified date, the control and management of the colleges Specified in sub-section (1) and all properties, assets and liabilities of the Government in relation thereto shall stand transferred to, and vest in, the University.
38-C. Transfer of certain employees.-(1) Every person, who immediately before the notified date, is serving in the colleges specified in Schedule 1-B shall, as from the said date, become in employee of the University and shall cease to be an employee of the Government.
(2)(a) As soon as may be, after the notified date, the Government may, after consulting the Vice-Chancellors of the Anna University and the University concerned, direct, by general or special order, that such of the employees of the University concerned as are specified in such order shall stand allotted to serve in connection with the affairs of the Anna University with effect on and from such date as may be specified in such order:
Provided that no such order shall be issued in respect of any such employee without his consent for such allotment.
(b) With effect on and from the date specified in the order under clause (a), the persons specified in such order shall become employees of the Anna University and shall cease to be employees of the University concerned.
(3) Every person referred to in sub-sections (1) and (2) shall hold office under the Anna University by the same tenure at the same remuneration and upon the same rights and privileges as to pension or gratuity, if any, and other matters as he would have held the same on the notified date or the date specified in the order under clause (a) of sub-section (2), as the case maybe, as if the Anna University (Amendment) Act, 2001 had not been passed.
(4) The liability to pay pension and gratuity to the persons referred to in sub-sections (1) and (2) shall be the liability of the Anna University.
38-D. 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 sub-section (1) of section 38-C as on the notified date and of the persons referred to in sub-section (2) of that section as on the date specified in the order under clause (a) of the said sub-section (2) shall be transferred to the Anna University and the liability in respect of the said provident fund accounts shall be rite liability of the Anna University.
(2) There shall be paid to the Anna University out of the accumulations in the superannuation fund and other like funds, if any of the Chennai, Madurai-Kamaraj, Bharathiar, Bharathidasan, Manonmaniam Sundaranar, or Periyar Universities or, as the case may be, of the Government, such amounts as have been credited to the superannuation fund or other like funds, if any, on behalf of the persons referred to in sub-sections (1) and (2) of section 38-C. The amounts so paid shall form pan of the superannuation fund or oilier like funds, if any, that may be established by the Anna University for the benefit of its employees.
38-E. Payment of certain moneys to the Anna University.-(1) The Chennai, Madurai-Kamaraj, Bharathiar, Bharathidasan, Manonmaniam Sundaranar or Periyar University, as the case may he, shall, out of its funds as on the notified dale, pay to the Anna University such amount as the Government may in consultation with the University concerned, specify.
(2) The amount payable under sub-section (1), shall be ???"
19. Amendment of section 43.- ??? shall be substituted.
20. Amendment of section 44.- In section 44 of the principal Act for the expression "the College of Engineering, Guindy, Chennai and the institutions specified in Schedule I", the expression "the College of Engineering, Guindy, Chennai specified in Schedule I and the institutions in Schedule I-A" shall be substituted.
21. Amendment of Schedule 1 and insertion or new Schedules.- (1) Schedule I to the principal Act shall be renumbered as Schedule I-A and in Schedule 1-A as so re-numbered, the expression "and 3(3)" shall be omitted.
(2) Before Schedule 1-A as so renumbered, the following Schedule shall be inserted, namely:-
"SCHEDULE-I
[See-section 2(b)]
1. The College of Engineering, Guindy, Chennai."
(3) After Schedule 1-A as so renumbered, the following Schedule shall be inserted, namely:-
"SCHEDULE I-B
[See-section 2(b)]
I. Thanthai Periyar College of Engineering, Vellore.
II. Alagappa College of Engineering and Technology, Karaikudi.
III. Government College of Technology, Coimbatore.
IV. Government College of Engineering, Tirunelveli.
V. Government College of Engineering, Salem.
VI. Government College of Engineering, Bargur."
22. Amendment of Schedule II.- In Schedule II to the principal Act,-
(1) in the statutes excluding statutes 2-A and 9, for the expressions "Deans" and "Dean" wherever they occur, the expressions "Chairmen" and "Chairman" shall, respectively, be substituted;
(2) after statute 2, the following statute shall be inserted, namely:-
"2-A. Deans of 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 re-appointment:
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, for clause (1), the following clause 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 Deans;
(c) The Chairmen of the Faculties;
(d) The Director of Library of the University;
(e) The Principals of all the Government Aided Engineering Colleges.
Class II-Other Members
(f) Fifteen members from among the Professors and Heads of the Departments of the University, nominated by the Chancellor on the recommendation of the Vice-Chancellor;
(g) Twenty-five members from among the Principals and Professors of the affiliated Colleges, nominated by the Chancellor on the recommendation of the Vice-Chancellor;
(h) Five educationalists having proficiency in matters relating to education, research and educational administration, general and technical, nominated by the Chancellor on the recommendation of the Vice-Chancellor;
(i) Six 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, organisations in the Stale, nominated by the Chancellor on the recommendation of the Vice-Chancellor;
(j) Five persons occupying senior positions from private industries and research organisations having proficiency in the matters relating to industries and research, nominated by the Chancellor on the recommendation of the Vice-Chancellor;
(k) Five persons occupying senior positions from public sector industries of the Central and State Departments in the State having proficiency in matters relating to industries and research, nominated by the Chancellor an the recommendation of the Vice-Chancellor;
(l) five persons from Professional Engineering Societies or institutions or bodies or associations, nominated by the Chancellor on the recommendation of the Vice-Chancellor;
(m) Five persons of eminence from Small Scale Industries or Enterpreneurship Development Board or Apprenticeship Board of both Central and State Governments, nominated by the Chancellor on the recommendation of the Vice-Chancellor;
(n) 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, Bangalore.
(ii) Indian Institute of Technology, Chennai.
(iii) Indian institute of Management, Bangalore.
(iv) Regional Engineering College, Tiruchirappalli.
(v) The Department of Engineering and Technology of the Annamalai University, Annamalai Nagar, Tamil Nadu; and
(o) Members of the Syndicate not included in any of the above items."
(4) in statute 13,-
(i) in clause (1), for the expression "Directors of constituent colleges and institutions maintained by the University", the expression "Director" shall be substituted;
(ii) in clause (2), in the Table, in column (1), for the entry "Director of constituent colleges", the entry "Director" shall be substituted.
23. Removal of doubts.- For the removal of doubts, it is hereby declared that members of the authorities of the Chennai, Madurai-Kamaraj, Bharathiar, Bharathidasan, Manonmaniam, Sundaranar or Periyar University elected or nominated or otherwise as such members under the Chennai University Act, 1923 (Tamil Nadu Act VII of 1923), the Madurai-Kamaraj University Act, 1965 (Tamil Nadu Act 33 of 1965) the Bharathiar University Act, 1981 (Tamil Nadu Act 1 of 1982), the Bharathidasan University Act, 1981 (Tamil Nadu Act 2 of 1982), the Manenmaniam Sundaranar University Act, 1990 (Tamil Nadu Act 31 of 1990) or the Periyar University Act, 1997 (Tamil Nadu Act 45 of 1997), as the case may be, from the colleges or institutions deemed to have been affiliated to the Anna University under sub-section (5) of section 38-A of the Anna University Act, 1978 (Tamil Nadu Act 30 of 1978) and holding office as such members, in any of the authorities of the University concerned immediately before the date of the commencement of the Anna University (Amendment) Act, 2001 shall continue to be such members till the term of office expires.