Tamil nadu act 001 of 1929 : Annamalai University Act, 1928

Preamble

Annamalai University Act, 1928*

1[Tamil Nadu Act No. 1 of 1929]2[1st January, 1929]

An Act to establish and incorporate a Teaching and Residential University at Annamalainagar.

Whereas it is desirable to establish a Teaching and Residential University for the encouragement of higher education and research in the Tamil districts of the 3[State of Tamil Nadu];

And Whereas the Hon'ble Diwan Bahadur Sir S.R.M. Annamalai Chettiyar has established and is maintaining Colleges at and near Chidambaram in which higher instruction is imparted in English, Tamil and Sanskrit studies;

And Whereas the said Sir Annamalai Chettiyar has agreed with the Local Government to hand over the said institutions together with all the properties attached thereto and further to give a sum of twenty lakhs of rupees for the purposes of establishing and maintaining at Annamalainagar a Teaching and Residential University wherein he and his heirs shall be entitled to certain powers and privileges;

It is hereby enacted as follows:-

1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the 14th January, 1969.

2 For Statement of Objects and Reasons, see Fort. St. George Gazette, dated the 28th August, 1928 - Part IV, pp. 49-51.

3 This expression was substituted for the expression "Presidency of Madras" by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January, 1969.

* Received the assent of the Governor on the 3rd November, 1928, and that of the Governor-General on the 11th December, 1928; the assent of the Governor-General was first published in the Fort St. George Gazette of the 1st January, 1929

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Annamalai University Act, 1928.

*(2) This section shall come into force at once. The rest of this Act shall come into force on such date or dates as the 1[State Government] may, by notification in the 2[Official Gazette], appoint; and different dates may be so appointed for different provisions of this Act.

* Section 1 of this Act came into force on the 1st January, 1929. Sections 2, 3, 5, 8 to 14, 16, 18, 19, 20, 22, 24, 27, 28, 29, 31, 34, 35, 37, 41, 42, 45, 46 and the Schedule were brought into force on the 1st January, 1929, and section 43 on the 1st April, 1929 in Law (Education) Department Notification No. 13, published at page 2 of Part I-B of the Fort St. George Gazette, dated the 1st January, 1929. The remaining provisions of the Act were brought into force on the 15th May, 1929 in Education Department Notification No. 125, published, 4 at page 238 of Part I-B of the Fort St. George Gazette, dated the 7th 1929.

1 The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.

2 These words were substituted for the words "Fort St. George Gazelle" by the Adaptation Order of 1937.

Section 2. Definitions

2. Definitions.- In this Act, unless there is anything repugnant in the subject or context:-

(a) ‘Annamalainagar’ means the area described in the Schedule;

(b) ‘Convocation’ means any meeting of the University for the conferring of degrees, diplomas or other distinctions;

(c) ‘Founder’ means the Hon'ble Diwan Bahadur Sir S.R.M. Annamalai Chettiyar, and after him his son, Mr. M.A. Muthiah Chettiyar, and for all time after the lives of the said two persons, in respect of every vacancy, any adult male member chosen by the Chancellor from among the members of the said Sir Annamalai Chettiyar's family consisting of his other sons and his descendants tracing their descent through males, and if no such member exists or if one such exists and he does not consent to act as Founder, or if no such member is competent in the opinion of the Chancellor to act as Founder, then and until such a competent member comes into existence and is willing to act, or one who was not competent, becomes competent, an adult male member of the said family chosen by the Chancellor from among the said Sir Annamalai Chettiyar's descendants tracing their descent from him through a female or females:

Provided that in any case of a person who traces his descent from the said Sir Annamalai Chettiyar through a female or females, such person shall hold office only till a member of the said Sir Annamalai Chettiyar's family claiming through males is chosen by the Chancellor.

For the purpose of this definition (i) any person adopted into the said family and his descendants shall be deemed to be members of the family, and (ii) no one born in the said family but adopted out of it shall be deemed to be a member thereof except Ramanathan Chettiyar, son of the said Sir Annamalai Chettiyar, but given in adoption to his brother Diwan Bahadur Ramaswami Chettiar, deceased and those tracing descent from the said Ramanathan Chettiyar.

(d) ‘Hostel’ means a place of residence for students of the University maintained or recognized by it in accordance with the provisions of this Act;

(e) ‘Prescribed’ means prescribed by this Act or the statutes or the regulations framed thereunder;

(f) ‘Teachers’ means Professors, Readers, Lecturers, Tutors and such other persons as give instruction to or take part in the training of, the students of the University in the prescribed manner; and

(g) ‘University’ means the Annamalai University at Annamalainagar constituted under this Act.

Section 3. Purposes and powers of the University

3. Purposes and powers of the University.- The purposes and powers of the University shall be the following, namely:-

(a) to provide-

(i) for instruction in such branches of learning as the University may think fit including professional studies and technology; and

(ii) for research and the advancement and dissemination of knowledge;

(b) to grant and confer degrees and other academic distinctions to and on persons who shall have-

(i) pursued a course of study in the University and shall have passed the examinations of the University in the manner prescribed or

(ii) carried on research under conditions prescribed;

(c) to supervise and control the residence and discipline of the students of the University;

(d) to establish and maintain hostels, and under prescribed conditions, to recognize hostels not so established or maintained, and to withdraw such recognition;

(e) to create such posts as are required for the University and appoint persons thereto;

(f) to provide, in the manner prescribed, lectures and instruction for persons who are not pursuing a course of study in the University, and to grant diplomas to them;

(g) to confer honorary or ad eundem degrees or other distinctions in the manner prescribed;

(h) to institute and award fellowships, including travelling fellowships, scholarships, medals and prizes in the manner prescribed;

(i) to demand and receive such fees and other charges as may be prescribed;

(j) to co-operate with other Universities and authorities for promoting the purposes of this Act;

(k) to enter into agreements with other bodies or persons for the purpose of promoting the purposes of this Act including the assuming of the management of any institution under them and the taking over of its properties and liabilities; and

(l) to do such other acts and things, whether incidental to the purposes and powers aforesaid or not but not inconsistent therewith, as may be requisite to further the purposes and objects of this Act.

Section 4. Territorial jurisdiction of the University

4. Territorial jurisdiction of the University.- Save as otherwise provided in this Act, the territorial jurisdiction of the University shall not extend beyond a radius of ten miles from its Convocation H?ll which shall be situated in Annamalainaga. Notwithstanding any provision in any other law, for the time being in force, no educational institution beyond that limit shall form part of or be recognized by or admitted to the privileges of the University and no such institution within that limit shall similarly form part or be recognized by or seek admission to any privileges of any other University incorporated by law in 1[] India and any such recognition granted by any such other University to any such institution within that limit prior to the commencement of this Act shall be deemed to be withdrawn on the commencement of this Act:

Provided that, it the 2[State Government] so order, nothing in this section shall apply to any institution established or maintained by the University for imparting instruction in agriculture or other technological studies.

1 The word "British" was omitted by the Adaptation (Amendment) Order of 1950.

2 The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.

Section 5. University open to all classes and creeds

5. University open to all classes and creeds.- No person shall be excluded from membership of any of the authorities of the University, or from admission to any degree or course of study, on the sale round of sex, race, creed, class, caste or political belief, and it shall not be lawful for the University to adopt or impose, on any person, any test whatsoever relating to religious or political belief or profession, in older to entitle him to be admitted thereto as a student or to hold any office or appointment therein or to ??? thereat or to enjoy or exercise any or village thereof except where in respect of any particular benefication accepted by the University such test is made a condition thereof.

Section 6. Admission to the University

6. Admission to the University.- The University may hold examinations for regulating admission thereto or may with the previous sanction of the 1[State Government] recognize examinations of other Universities or bodies as suitable for the purpose; but it shall not maintain classes for the purpose of preparing students for such admission.

1 These words were substituted by the Adaptation Order of 1950 for the words "Provincial Government" as substituted for the words "Governor-General in Council" by the Adaptation Order of 1937.

Section 7. Residence of students

7. Residence of students.- Every person pursuing a course of studies for any examination except the entrance examination and for any degree or diploma of the University except those referred to in clauses (f) and (g) of section 3 shall reside in a hostel or lodgings maintained or recognized by the University.

Section 8. Officers of the University

8. Officers of the University.- The following shall be the officers of the University, namely:-

(1) The Chancellor,

(2) The Founder,

(3) The Pro-Chancellor,

(4) The Vice-Chancellor,

(5) The Registrar,

(6) The Deans of Faculties, and

(7) Such other persons as may be declared by the Statutes to be officers of the University.

Section 9. The Chancellor: His powers

9. The Chancellor: His powers.- (1) The 2[Governor of Tamil Nadu] shall be the Chancellor of the University. He shall by virtue of his office be the head of the University and shall, when present, preside at meetings of the Senate and at Convocations.

(2) The Chancellor shall exercise such powers as may be conferred on him under the provisions of this Act.

(3) The Chancellor shall be entitled to delegate all or any of his functions to the Pro-Chancellor.

2 This expression was substituted for the expression "Governor of Madras" by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January, 1969.

Section 10. The Pro-Chancellor: His powers

10. The Pro-Chancellor: His powers.- (1) The Founder shall be the Pro-Chancellor of the University.

(2) The Pro-Chancellor shall in the absence of the Chancellor preside at meetings of the Senate and at Convocations and shall also exercise such other powers as may be conferred on him under the provisions of this Act.

(3) If for any reason the office of the Pro-Chancellor is vacant, the functions of the said office shall be carried on by the Chancellor or by any person authorized by him to do so.

Section 11. The Founder: His powers

11. The Founder: His powers.- (1) The Founder shall hold office for life unless otherwise expressly provided for in this Act.

(2) The Founder may require the Vice-Chancellor to furnish him with information and all papers or copies thereof relating to any matter concerning the University. The Founder may also request further consideration of the matter by the authorities or officers concerned or place his views thereon before the Chancellor for his consideration, or may do both.

(3) The Founder shall also exercise such other privileges as are conferred on him under the provisions of this Act.

Section 12. The Vice-Chancellor

12. The Vice-Chancellor.- (1) The Vice-Chancellor shall be appointed by the Chancellor from a panel of three persons recommended by the Founder. He shall, in the absence of special orders by the Chancellor prescribing a shorter period, hold office for a term of three years from the date of the notification of his appointment in the 1[Official Gazette].

(2) The Vice-Chancellor may either be an honorary officer or be paid such salary as may be prescribed.

(3) When any vacancy occurs in the office of Vice-Chancellor, the Syndicate shall, as soon as possible, appoint one of its own members to exercise the powers and perform the duties of the Vice-Chancellor during the continuance of the vacancy.

1 These wolds were substituted for the words "Fort St. George Gazette" by the Adaptation Order of 1917.

Section 13. Powers and duties of the Vice-Chancellor

13. Powers and duties of the Vice-Chancellor.- (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 Convocations. He shall ex-officio be a member and the Chairman of the Academic Council and of the Syndicate.

(2) The Vice-Chancellor shall in the manner prescribed convene meetings of the Senate, the Academic Council and the Syndicate.

(3) In any emergency which in the opinion of the Vice-Chancellor requires that immediate action should be taken, he may take such action and shall immediately thereafter report his action to the authority or officer which or who would have ordinarily dealt with the matter and such authority or officer may confirm, alter or quash such action.

(4) The Vice-Chancellor shall have the power to appoint the clerical staff and other servants of the University.

(5) The Vice-Chancellor shall exercise such other powers as may be prescribed.

Section 14. Authorities of the University

14. Authorities of the University.- The following shall be the authorities of the University, namely:-

(1) The Senate,

(2) The Academic Council,

(3) The Faculties,

(4) The Boards of Studies,

(5) The Syndicate,

1[(6) The Finance Committee (for the period fixed under this Act)],

(7) The Board of Selection,

(8) Such other bodies as may be declared by the Statutes to be authorities of the University.

1 This item has ceased be part of this Act, as ten years have elapsed from the 15th May, 1929, the date on which section 23 came into force - vide Notification No. 125 of the Education Department at page 258 of Part I-B of the Fort St. George Gazette, dated the 7th May, 1929.

Section 15. Constitution of the Senate

15. Constitution of the Senate.- The Senate shall consist of the following persons, namely:-

Class I - Ex-Officio Members

(1) The Chancellor,

(2) The Pro-Chancellor,

(3) The Vice-Chancellor,

(4) The 2[Director of Collegiate Education, Tamil Nadu],

(5) The Chairman of the Chidambaram Municipal Council,

(6) The President of the District Board*, South Arcot,

(7) Heads of departments of studies in the University,

(8) 3[The Vice-Chancellor of the Madras University],

(9) The Collector of South Arcot,

(10) The 1[Advocate-General, Tamil Nadu],

(11) Members of the Syndicate who are not otherwise members of the Senate,

2[].

Class II - Life Members

(1) Ex-Vice-Chancellors of the University,

(2) All persons who make a donation of not less than twenty-five thousand rupees to and for all or any of the purposes of the University, and agree to such terms as the Syndicate may impose for the management of the said amount.

In case the donor is a corporate body or a firm or a joint family or an association, the individual who shall be entitled to this life membership shall be determined in the manner prescribed.

Class III - Other Members

(1) Twelve members elected from among themselves by graduates of the University registered in the manner prescribed, according to the principle of proportional representation by means of the single transferable vote.

3[].

(2) Four members elected by the Academic Council from among its members according to the principle of proportional representation by means of the single transferable vote.

(3) 1[Two] members elected by the 2[Tamil Nadu Legislative Council] from among its members according to the principle of proportional representation by means of the single transferable vote 3[and three members elected by the 4(Tamil Nadu Legislative Assembly) from among its members according to the same principle],

(4) Such number of members not exceeding six, as the Chancellor may fix, to be elected by the donors of sums of not less than ten thousand rupees each to and for all or any of the purposes of the University and agree to such terms as the Syndicate may impose for the management of the said amounts,

(5) Eight members nominated by the Chancellor at least three of whom shall be representatives of depressed, backward or minority classes not otherwise adequately represented,

(6) Four members nominated by the Founder

Provided that, if the office of the Founder is vacant on the date on which the nomination is to be made, and there is no likelihood in the opinion of the Chancellor of the vacancy being filed up within six months from that date, the Chancellor shall nominate the said four members,

(7) One member elected by the members of the District Board*, South Arcot district, from among themselves,

(8) One member elected by the Municipal Councillors of the South Arcot district other than the Municipal Councillors of Chidambaram from among themselves,

(9) One member elected by the Municipal Councillors of Chidambaram from among themselves,

(10) One member elected by the members of the Sri Nandanar Kalvi Khazhagam, Chidambaram, from among themselves,

(11) One member elected by the general body of the Muhammadan Educational Association of Southern India, from among its members,

(12) One member elected from among themselves by those engaged in teaching in any manner, on the staff of the Sanskrit College, Tiruvadi, the Rames waram Sanskrit Patasala, Madura and the Sri Minakshi Sanskrit College, Chidambaram,

(13) One member elected from among themselves by the members of the Madura Tamil Sangam,

(14) One member elected from among themselves by the members of the Tanjore Karanthai Tamil Sangam and the teaching staff of the Sri Minakshi Tamil College, Chidambaram,

(15) One member elected by the Southern India Chamber of Commerce and one by the Madras Chamber of Commerce,

(16) One member elected by the Madras Landholders' Association.

2 This expression was substituted for the expression "Director of Public Instruction, Madras" by paragraph 4 of, and the Schedule to the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January, 1969.

* The District Boards were abolished with effect on and from the date of formation of Panchayat Union Councils under the Tamil Nadu Panchayats Act, 1958, (Tamil Nadu Act XXXV of 1958). Pleas see section 13(i) of the said Act.

3 These words were substituted for the words "The Vice-Chancellor of the Madras and Andhra Universities" by the Madras Adaptation of Laws Order, 1954.

1 The expression was substituted for the expression "Advocate-General, Madras" by paragraph 4 of, and the Schedule to, the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January, 1969.

2 The figures, brackets and words "(12) The Diwan of Pudukkottai" were omitted by the Adaptation (Amendment) Order of 1950.

3 The proviso to clause (1) was omitted by the Adaptation (Amendment) Order of 1950.

1 This word was substituted for the word "Five" by the Adaptation Order of 1937.

2 This expression was substituted for the expression "Madras Legislative Council" by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January, 1969.

3 These words were inserted by the Adaptation Order of 1937.

4 This expression was substituted for the expression "Madras Legislative Assembly" by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January, 1969.

* The District Boards were abolished with effect on and from the date of formation of Panchayat Union Councils under the Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958). ??? see section 13(i) of the said Act.

Section 16. Powers and duties of the Senate

16. Powers and duties of the Senate.- The Senate shall be the supreme governing body of the University and shall have the following powers, namely:-

(1) to make statutes and amend or repeal the same.

(2) to consider and pass resolutions on the annual reports and the annual accounts which resolution shall be communicated to the Syndicate who shall take action in accordance therewith,

(3) to consider and pass resolutions on the annual financial estimates which resolutions shall, after the period of tenure of the Finance Committee, be communicated to the Syndicate who shall take action in accordance therewith,

(4) to exercise such other powers and perform-such other duties as may be conferred or imposed upon it by this Act or the statutes, and

(5) to do all acts and things necessary to give effect to the provisions of this Act.

Section 17. Constitution of the Academic Council

17. Constitution of the Academic Council.- The Academic Council shall consist of the following persons, namely:-

Class I - Ex-Officio Members

(1) The Vice-Chancellor,

(2) The 1[Director of Collegiate Education, Tamil Nadu],

(3) The Professors and Readers of the University,

(4) The Chairmen of the Boards of Studies,

(5) The Members of the Syndicate who are not otherwise members of the Academic Council.

Class II - Other Members

(1) Ten members, of whom not less than five shall be teachers other than Professors and Readers, elected by such teachers,

(2) Five members elected by the Senate from among its members, provided that no one who is already a member of the Academic Council shall be eligible for election under this item.

1 This expression was substituted for the expression "Director of Public Instruction, Madras" by paragraph 4 of, and the Schedule to, the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January, 1969.

Section 18. Powers and duties of the Academic Council

18. Powers and duties of the Academic Council.- The Academic Council shall have the control and regulation of residence, teaching and examinations in the University and the maintenance of the standards thereof, shall have the following powers and shall perform the following duties, namely:-

(a) to make proposals to the Syndicate for the institution of professorships, readerships, lecturerships or other teaching posts,

(b) to make regulations for purposes hereinafter specified,

(c) to make recommendations to the Syndicate for the recognition of teachers qualified to give instruction in hostels not maintained by the University,

(d) to formulate, modify or revise, subject to the control of the Senate, schemes for the constitution or reconstitution of faculties and departments of studies, and

(e) to do such other things and perform such other duties as may be prescribed by the statutes.

Section 19. The Faculties

19. The Faculties.- (1) The University shall include Faculties of Arts, Science, Technology and Oriental Studies and such other Faculties as may be prescribed and each such Faculty shall be constituted in the manner prescribed.

(2) Each Faculty shall have a Dean. He shall be elected by the Faculty from among the heads of departments of the Faculty and shall be responsible for the due observance of the statutes and regulations relating to the Faculty. He shall hold office for such period and subject to such conditions as may be prescribed by the statutes.

(3) Each Faculty shall comprise such departments of study as may be prescribed by the regulations and shall, subject to the control of the Academic Council, have charge of the teaching, courses of study and research work in such departments. The head of every the Professor of that department or if there is no. Professor, the Reader. If there is more their one Professor or more than one Reader in a department, as the case may be, the Vice-Chancellor shall appoint such Professor or Reader as he thinks fit to be the head of the department. The head of the department shall be responsible to the Dean for the organization of the teaching in that department.

Section 20. Boards of Studies

20. Boards of Studies.- The number, constitution and duties of the Boards of Studies shall be such as may be prescribed.

Section 21. Constitution of the Syndicate

21. Constitution of the Syndicate.- The Syndicate shall consist of the following persons, namely:-

Class I - Ex-Officio Members

(1) The Vice-Chancellor,

(2) The 1[Director of Collegiate Education, Tamil Nadu],

(3) The Deans of Faculties.

Class II - Other Members

(1) Three members elected by the Senate from among its members,

(2) One member elected by the Academic Council from among its members,

(3) Two members nominated by the Chancellor,

(4) Two members nominated by, the Founder, provided that, if the office of the Founder is vacant on the date on which the nomination is to be made and there is in the opinion of the Chancellor no likelihood of the vacancy being filled up within one month from that date the Chancellor shall nominate the said two members.

1 This expression was substituted for the expression "Director of Public Instruction, Madras" by paragraph 4 of had the Schedule to, the Tamil Nadu Adaptation of Laws Older, which was deemed to have come into force on the 14th January, 1969.

Section 22. Powers and duties of the Syndicate

22. Powers and duties of the Syndicate.- The Syndicate shall have the following power and perform the folio wing duties, namely:-

(a) to control and administer the property and the funds of the University,

(b) to direct the form, custody and use of the common seal of the University,

(c) to suspend or dismiss the Registrar, the teachers, the clerical staff and other servants of the University for sufficient cause and to define their duties and the conditions of their service,

(d) to accept on behalf of the University bequests, donations and transfers of any movable or immovable properties or the management thereof,

(e) to arrange for the holding of and publish the results of the University examinations and in the prescribed manner to appoint examiners and cancel their appointment,

(f) to regulate and determine all matters concerning the University in accordance with this Act and the statutes and regulations,

(g) to institute, subject to the control of the Senate, and abolish or suspend on the advice of the Academic Council, professorships and other teaching posts,

(h) to refer any matter to the Academic Council, a Faculty or a Board of Studies for consideration and report,

(i) to draft such statutes and regulations as may from time to time be necessary and to submit them to the Senate and the Academic Council respectively for consideration,

(j) to dispense, subject to statutes made in this behalf, with a strict compliance with the regulations of the University in special cases,

(k) to make standing orders in such manner and on such matters as may be prescribed, and

(l) to do such other things and perform such Other duties as may be prescribed.

Section 23. Constitution of the Finance Committee

1[23. Constitution of the Finance Committee.- The Finance Committee shall consist of the following persons, namely:-

(1) The Secretary to the 2[State Government] in charge of Finance,

(2) The Founder, and, in case the office is vacant, any person nominated by the Chancellor to do the duties of the Founder under this section, during the continuance of the vacancy,

(3) The Vice-Chancellor,

(4) One member elected by the Senate from among its members, provided that no one who is already a member of the Syndicate shall be eligible for election under this clause.]

1 Sections 23 and 24 have ceased to be part of this Act, as ten years have elapsed from the 15th May, 1929, the date on which section 23 came into force - Vide Notification No. 125 of the Education Department at page 258 of Part I-B of the Fort St. George Gazette, dated the 7th May, 1929.

2 This expression was substituted for the expression "Government of Madras" by the Tamil Nadu Adaptations Laws Order, 1970 which was deemed to have come into force on the 14th January, 1969.

Section 24. Powers and duties of the Finance Committee

1[24. Powers and duties of the Finance Committee.- (1) The Syndicate shall, in the manner prescribed, frame the financial estimates of the University and place the same before the Finance Committee.

(2) The Finance Committee shall then scrutinize the said estimate and shall be entitled to make such modifications therein as it considers necessary.

(3) The said estimates as modified by the Finance Committee shall then be placed before the Senate which may assent or refuse its assent to the same or may omit or alter any of the items therein.

(4)(i)(a) All modifications made by the Senate in the said estimates which have not the effect of increasing the income, 3[and]

(b) 1[] all proposals, involving any expenditure, originated by the Senate apart from such estimates, shall be placed before the Finance Committee for its consideration.

(ii) All points of difference between the said Committee and the Senate in respect of the matters specified in clause (i) shall be placed before the Chancellor and his decision thereon shall be final.]

1 Sections 23 and 24 have ceased to be part of this Act, as ten years have elapsed from the 15th May, 1929, the date on which section 23 came into force - Vide Notification No. 125 of the Education Department at page 258 of Part I-B of the Fort St. George Gazette, dated the 7th May, 1929.

3 This words was inserted by section 3 of, and the Second Schedule to the Tamil Nadu Repealing and Amending Act, 1951 (Tamil Nadu Act XIV of 1951).

1 The word "and" was omitted by section 3 of and the Second Schedule to, the Tamil Nadu Repealing and Amending Act, 1951 (Tamil Nadu Act XIV of 1951).

Section 25. The Board of Selection - Its powers

25. The Board of Selection - Its powers.- (1) The Board of Selection shall consist of the following persons, namely:-

(a) One member nominated by the Chancellor,

(b) The Founder and in case the office is vacant, any person nominated by the Chancellor to do the duty of the Founder under this section during the continuance of the vacancy,

(c) The Vice-Chancellor,

(d) One member elected by the Syndicate from among its members, and

(e) One member elected by the Senate from among its members.

(2) The Board of Selection shall have the power to appoint the Teachers and the Registrar of the University.

Section 26. Annual accounts

26. Annual accounts.- (1) The annual accounts of the University shall be prepared by the Syndicate in the manner prescribed and shall be submitted to such examination and audit as the 2[State Government] may direct.

(2) The accounts when so examined and audited shall be published by the Syndicate in the 3[Official Gazette] and copies thereof shall, together with copies of the report of such examination and audit, be submitted to the Senate, the Finance Committee and the 2[State Government].

2 The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.

3 These words were substituted for the words "Fort St. George Gazette" by the Adaptation Order of 1937.

Section 27. The University

27. The University.- The Chancellor, Pro-Chancellor and Vice-Chancellor of the University and the members of me Senate, the Academic Council and the Syndicate shall constitute a body corporate by the name of the Annamalai University of Annamalainagar and shall have perpetual succession and a common seal and shall sue and be sued by that name.

Section 28. Visitation

1[28. Visitation.- (1) The 2[State] Government shall have the Visitation right to cause an inspection or inquiry to be made in respect of any matter, institution or property connected with the University by such person or persons as 3[they may appoint] in that behalf.

The 2[State] Government shall in every case give notice to the University of 4[their intention] to cause such inspection or inquiry to be made and the University shall be entitled to be represented thereat.

(2) The 2[State] Government shall communicate to the Senate and to the Syndicate 5[their views] with reference to the results of such inspection or inquiry and shall, 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 2[State] Government the action, if any, which is proposed to be taken, or has been taken, upon the results of inspection or inquiry.

Such report shall be accompanied by the opinion of the Senate thereon and shall be submitted within such time as the 2[State] Government may direct.

(4) Where the Senate or Syndicate do not within a reasonable time take action to the satisfaction of the 2[State] Government, the 2[State] Government may after considering any explanation furnished or representation made by the Senate or the Syndicate issue such directions as 1[they may think fit] and the Senate and the Syndicate shall comply with those directions.

In the event of the Senate or the Syndicate not complying with those directions within such time as may be fixed in that behalf by the 2[State] Government, the 2[State] Government shall have power to appoint some person or body to carry them out and make such orders as to the expenses thereof as 3[they deem fit] to make.]

1 This section was substituted for original section 28 by the Adaptation Order of 1937.

2 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.

3 These words were substituted for the words "it may appoint" by section 3 of, and the Second Schedule to, the Tamil Nadu Repealing and Amending Act, 1951 (Tamil Nadu Act XIV of 1961).

4 These words were substituted for the words "its intention" by ibid.

5 Thaw words were substituted for the words "its views" by ibid.

1 These words were substituted for the words "it may think fit" by section 3 of, and the Second Schedule to, the Tamil Nadu Repealing and Amending Act, 1951 (Tamil Nadu Act XIV of 1951).

2 This word was substituted for the word "Provincial" by the Adaptation Order of 1950.

3 These words were substituted for the words "he deem" section 3 of, sad the Second Schedule to, the Tamil Nadu Repealing and Amending Act, 1951 (Tamil Nadu Act XIV of 1951).

Section 29. Statutes

29. Statutes.- Subject to the provisions of this Act, the statutes may provide for all or any of the following, namely:-

(a) the constitution, powers and duties of the authorities of the University;.

(b) the establishment and maintenance of hostels by the University;

(c) the conditions of recognition of hostels not maintained by the University;

(d) the powers of the officers of the University and in the case of officers other than the Chancellor and Pro-Chancellor their duties;

(e) the conditions of service of the Vice-Chancellor and the Registrar;

(f) the holding of convocations to confer degrees;

(g) the conferment of honorary and ad eundem degrees and other distinctions;

(h) the institution and award of fellowships, including travelling fellowships, scholarships, medals and prizes;

(i) the classification, emoluments and mode of appointment of the teachers of the University;

(j) the institution of a provident fund for the benefit of the officers of the University (other than the Chancellor, the Founder, the Pro-Chancellor and the Vice-Chancellor), its teachers, clerical staff and servants;

(k) the maintenance of a register of registered graduates;

(l) all matters which under this Act may be prescribed by the statutes; and

(m) all other matters and things save those in respect of which regulations can be made, which are within the purposes of this Act whether incidental to those specified above or not.

Section 30. Statutes how trade

30. Statutes how trade.- (1) The Senate may take into consideration the draft of any statute either of its own motion or on the submission thereof by the Syndicate.

(2) If the proposed statute would affect any officer or authority of the University-

(a) where the Senate acts on its own motion the opinion of the Syndicate and of the officer or authority affected shall be taken into consideration by the Senate before the statute is passed; and

(b) where the Senate acts on the submission of a draft thereto by the Syndicate, the Senate shall not proceed to consider the draft unless the Syndicate has given an opportunity to the officer or authority affected to express his or its opinion thereon and places such opinion, if any, before the Senate for its consideration.

(3) When any statute has been passed by the Senate or a draft proposed by the Syndicate has been rejected, the statute or the draft, as the case may be, shall be submitted to the Chancellor together with the opinions, if any, referred to in sub-section (2) and the Chancellor may refer the statute or draft back to the Senate for further consideration.

(4) A statute passed by the Senate share haver no validity until it has been assented to by the Chancellor.

Section 31. Regulations

31. Regulations.- Subject to the provisions of this Act and the statutes, the regulations may provide for all or any of the following matters, namely:-

(a) the admission of students to and the levy of fees therefor by the University;

(b) the conditions under which any person may be admitted to the examinations, degrees and diplomas of the University;

(c) the conditions of residence of the persons referred to in section 7 and the levy of fees for residence and tutorial instruction in hostels maintained by the University;

(d) the number and qualifications of professors, readers, lecturers and other teachers in the University;

(e) the fees to be charged for courses of teaching given by teachers of the University, for tutorial and supplementary instruction given by the University, for admission to the examinations, degrees and diplomas of the University and for the registration of graduates;

(f) the conditions subject to which persons may be recognized as qualified to give instruction in colleges, hostels and lodgings not maintained by the University;

(g) the appointment and duties of examiners and their emoluments;

(h) the conduct of examinations;

(i) all other matters which by this Act or by the statutes may be provided by the regulations; and

(j) all matters incidental to those specified in clauses (a) to (i).

Section 32. Regulations how made

32. Regulations how made.- Regulations may be made by the Academic Council on its own motion or on the submission of a draft to it by the, Syndicate, provided that in the former case before a regulation is passed the opinion of the Syndicate thereon shall be obtained and taken into consideration by the Academic Council.

All regulations shall have effect from such date as the Academic Council may appoint in that behalf; but every regulation so made shall be submitted as soon as may be to the Senate who shall consider it at its next meeting or at any other meeting to which it may adjourn the consideration thereof. The Senate shall have power, by resolution passed by a majority of not less than two-thirds of the members, present of such meeting, to cancel or modify any such regulation.

Section 33. Period of office

33. Period of office.- (1) Save as otherwise provided, the authorities and other bodies connected with the University shall be reconstituted every three years and a member of every such authority or body shall except in the case of ex-officio or life members hold office 1[……..] up to the date of the next reconstitution.

2[(2) Vacancies among elected members of any such authority or body occurring by efflux of time on the date of the reconstitution thereof, may be filled at elections which may be fixed by the Vice-Chancellor to take place on such days as he thinks fit, not being earlier than two months from the date aforesaid.]

2[(3)] Any 3[vacancy in the membership of any such authority or body occurring before the reconstitution thereof] shall be filled up as soon as conveniently may be by the person or body who 4[nominated] or elected the member whose place has become vacant and the person so 4[nominated] or elected shall be a member of such authority or body only for the residue of the term for which the person whose place he has filled would have been a member.

1[(4)] Any person nominated or elected in his capacity as a member of a particular body or the holder of a particular appointment shall if he ceases to be a member of that body or the holder of that appointment as the case may be, for a period of more than three months or if he goes on leave for a period of not less than six months cease to be a member of the authority or the body of the University concerned.

1 The words "as member thereof from the date of his election or nomination thereto" were omitted by section 2 of the Annamalai University (Amendment) Act, 1943 (Madras Act X of 1943), re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No. I) Act, 1949 (Tamil Nadu Act VII of 1948).

2 Original sub-section (2) and (3) were re-numbered at sub-sections (3) and (4) respectively and a new sub-section (2) was inserted by ibid.

3 These words were substituted for the word "vacancy in the said membership occurring before the said reconstitution" by ibid.

4 This word was substituted for the word "appointed" by ibid.

1 Original sub-sections (2) and (3) were re-numbered a sub-sections (3) and (4) respectively and a new sub-section (2) was inserted by section 2 of the Annamalai University (Amendment) Act, 1943 (Madras Act X of 1943), re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting and Repealing (No. I) Act, 1948 (Tamil Nadu Act VII of 1948).

Section 34. Validity of proceedings of the University bodies

34. Validity of proceedings of the University bodies.- No act or proceeding of any authority or other body of the University shall be deemed to be invalid by reason only of some defect in the constitution of the University or of the said authority or body, or of the existence of any vacancy in the said authority or body, or of the invalidity of any election connected therewith, or of the disqualification of any member thereof at the time of or subsequent to his election or nomination thereto.

Section 35. Disqualification for membership

35. Disqualification for membership.- No person shall be qualified for election or nomination as a member of any of the authorities of the University or of any body connected therewith, or for appointment as an officer thereof, if at the time of election, nomination or appointment, he

(a) is of unsound mind, deaf-mute or a leper, or

(b) is an un-certificated bankrupt or undischarged insolvent, or

(c) has been convicted by a court of law of an offence involving moral delinquency.

In case of dispute or doubt, the Chancellor shall determine whether a person is disqualified under this section and his decision shall be final.

Section 36. Removal from membership of the University

36. Removal from membership of the University.- (1) The Senate may remove any person from membership of any of the authorities of the University or of any body connected therewith or from any of the offices specified interns (5), (6) and (7) of section 8-

(a) if he has been convicted by a court of law of what in the opinion of the Senate is an offence involving moral delinquency,

(b) if he becomes of unsound mind or a deaf-mute or a leper, or

(c) if he applies to be adjudicated or is adjudicated a bankrupt or insolvent.

(2) The Senate may for the reason specified in clause (a) of sub-section (1) withdraw any degree or diploma or any other distinction conferred or granted by the University.

(3) The Senate shall not take any action under clause (a) of sub-section (1) or under sub-section (2) except on the recommendation of not less than two-thirds of the members of the Syndicate.

Section 37. Disputes as to election, nomination or membership of University authority or body

37. Disputes as to election, nomination or membership of University authority or body.- If any dispute arises whether any person has been duly elected or nominated as or is entitled to be a member of any authority or body of the University, the question shall be referred to the Chancellor whose decision thereon shall be final.

Section 38. Constitution of committees

38. Constitution of committees.- All the authorities of the University shall have power to appoint committees and to delegate to them such of their powers as they deem fit; such committees may include persons who are not members of the authority concerned:

Provided that the number of persons so included in any committee shall not exceed one fifth of the total number of that committee.

Section 39. Provident Fund

39. Provident Fund.- Where any provident fund has been instituted by the University for the benefit of its officers, teachers, clerical staff or servants, the 1[State Government] may declare that the provisions of the Provident Funds Act, 1925 (Central Act XIX of 1925), shall apply to such fund as if it were a Government Provident Fund.

1 The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.

Section 40. Transfer of the colleges and of their properties to the University

40. Transfer of the colleges and of their properties to the University.- On the commencement of this Act, the institutions known as the Sri Minakshi College, the Sri Minakshi Tamil College and the Sri Minakshi Sanskrit College situated at Chidambaram and being maintained by Diwan Bahadur Sir S.R.M. Annamalai Chettiyar shall cease to exist as separate entities and shall become part of the University and all rights, powers and privileges of the said institutions and all property movable and immovable thereof shall vest in the University and shall be applied to the objects and purposes for which the University is incorporated.

Section 41. Permanent Endowment Fund

41. Permanent Endowment Fund.- (i) The University shall have a fund called the Permanent Endowment Fund which it shall invest and keep invested in securities issued or guaranteed by the 2[Central Government] or by 1[State Governments] 3[…].

(ii) The said Permanent Endowment Fund shall consist of-

(a) the sum of twenty lakhs of rupees given by the Founder, the Honourable Diwan Bahadur Sir S.R.M. Annamalai Chettiyar;

(b) the sum of twenty-seven lakhs of rupees given to it by the 1[State Government]; and

(c) any contributions to this fund made by the 1[State Government], the 2[Central Government], any local or other public body, the Founder or others.

2 These word were substituted for the words "Government of India" by the Adaptation Order of 1937.

1 The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation Order of 1937 and the word "State" was substituted for "Provincial" by the Adaptation Order of 1950.

3 The words "in British India" were omitted by the Adaptation (Amendment) Order of 1950.

Section 42. General Fund

42. General Fund.- The University shall also have a fund called the General Fund which shall consist of-

(a) fees and income from endowments including the Permanent Endowment Fund; and

(b) any contributions made to this fund by the 1[State Government], the 2[Central Government], any local or other public body, the Founder or others.

1 The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation order of 1937 and the word "State" as substituted for "Provincial by the Adaptation Order of 1950".

2 These words were substituted for the words "Government of India" by the Adaptation Order of 1937.

Section 43. Contribution by Government to the University

43. Contribution by Government to the University.- The 1[State Government]-

(1) shall contribute to the general fund annually a sum of one and a half lakhs of rupees, and

(2) subject to such conditions as may be agreed upon between them and the University,

(a) shall give for the buildings and equipment of the University a sum of seven and a half lakhs of rupees, and

(b) may contribute, from time to time, such further sums as they deem fit to contribute to the said fund or towards such buildings or equipment.

1 The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation order of 1937 and the word "State" as substituted for "Provincial by the Adaptation Order of 1950".

Section 44. Completion of Madras University courses

44. Completion of Madras University courses.- Notwithstanding anything contained in this Act or the regulations any student of the University who was pursuing a course of study for any examination of the University of Madras shall be permitted to complete that course and the University shall hold or arrange with the University of Madras for holding for such students examinations in accordance with the curricula of studies of that University for such period as may be prescribed and notwithstanding anything contained in the Madras University Act, 1923 (3(Tamil Nadu) Act VII of 1923), or the Statutes, Ordinances and Regulations thereunder, such students may be admitted to the appropriate examinations of that University.

3 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969), which came into force on the 14th January, 1969.

Section 45. Transitory provisions

45. Transitory provisions.- (1) At any time after the passing of this Act the Vice-Chancellor may with the previous approval of the Chancellor, take such action consistent as far as may be with the provisions of this Act and the statutes as he may think necessary for the purpose of bringing the University into being, and for that purpose may exercise any power which by this Act or the statutes is to be conferred on any officer or authority of the University.

(2) At any time after the passing of this Act and until such time as the authorities of the University shall have been duly constituted, the Registrar and the teachers of the University shall be appointed by the Chancellor after considering the recommendations of a committee consisting of the Pro-Chancellor, the Vice-Chancellor, and each of other person or persons if any, as the Chancellor thinks fit to associate with them.

(3) Any appointment made under sub-section (2) shall be for such period and on such conditions as the appointing authority thinks fit: provided that no such appointment shall be made until financial provision has been made therefor.

(4) The first statutes and regulations shall be made by a committee consisting of the Vice-Chancellor as Chairman, and two or more persons nominated thereto by the Chancellor and shall come into force after being approved by the Chancellor, on such date or dates as the Chancellor may appoint in that behalf.

(5) The salary, if any, of the first Vice-Chancellor shall be fixed by the Chancellor.

Section 46. Removal of difficulties at the commencement of the Act

46. Removal of difficulties at the commencement of the Act.- The Chancellor shall have power to take any action necessary to remove any difficulty that may arise in first giving effect to the provisions of this Act.

Section 47. Duration of certain sections of the Act

1[47. Duration of certain sections of the Act.- This section, item (6) of section 14, and sections 23 and 24 shall cease to be part of this Act on the termination of ten years from the date on which section 23 comes into force.]

1 Section 47, item (6) of section 14 and sections 23 and 24 have ceased to be part of this Act, as ten years have elapsed from the 15th May, 1929, the date on which section 23 came into force - vide Notification No. 125 of the Education Department a page 658 of part I-B of the Fort St. George Gazette dated the 7th May, 1929.

Schedule

Schedule

SCHEDULE

The whole of the Revenue village of Tiruvakkulam and portion of the Revenue village of C. Kottangudi and Resurvey No. 102 of Revenue village of Usuppur in the Chidambaram taluk in the South Arcot district, bounded on the north by the Natarajapuram road commencing from the South Indian Railway level crossing situated lust to the east of the Chidambaram Municipal toll-gate on the east and south by the Uppanar and on the west by the South Indian Railway* line and lands belonging to the South Indian Railway Company Limited*; and Resurvey Nos. 65 to 68 and 105 to 144 of the above mentioned Revenue village of Vsuppur.

* Now the Southern Railway.