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Tamil nadu act 041 of 1998 : Tamil Nadu Universities Laws (Amendment) Act, 1997

Preamble

Tamil Nadu Universities Laws (Amendment) Act, 1997*

[Tamil Nadu Act No. 41 of 1998][9th December, 1998]

An Act further to amend the Tamil Nadu Universities Laws

Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-eighth Year of the Republic of India as follows:-

* Received the assent of the Governor on the 9th December, 1998 and published in the Tamil Nadu Government Gazette, Extraordinary.

Section 1. Short title and commencement

PART I

PRELIMINARY

1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Universities Laws (Amendment) Act, 1997.

(2) It shall come into force at once.

Section 2. Amendment of section 5-A

PART II

AMENDMENTS TO THE CHENNAI UNIVERSITY ACT, 1923

2. Amendment of section 5-A.- In section 5-A of the Chennai University Act, 1923 (Tamil Nadu Act VII of 1923) (hereinafter referred to as the 1923 Act), for the marginal heading and sub-section (1), the following shall be substituted, namely:-

"Restriction for election or nomination to Senate, Syndicate and Academic Council in certain cases.-(1) Notwithstanding anything contained in sections 14, 18 or 23, any person who has completed two terms of three years each, continuously in any one or two of the following authorities of the University, namely:-

(i) the Senate,

(ii) the Syndicate and

(iii) the Academic Council,

shall be eligible, after a period of three years has elapsed from the date of his ceasing to be such member, for election or nomination to any of the abovementioned authorities:

Provided that for the purpose of this sub-section, if a person was elected or nominated to one authority and such person became a member of another ??? by virtue of the membership in the first mentioned authority, the period for which he held office in the first mentioned authority alone shall be taken into account.".

Section 3. Amendment of section 14

3. Amendment of section 14.- In section 14 of the 1923 Act, for clause (b) excluding the provisos, the following shall be substituted, namely:-

"(b) Save as otherwise provided, elected and nominated members of the Senate shall hold office for a period of three years and such members shall be eligible for re-election or re-nomination:"

Section 4. Amendment of section 18

4. Amendment of section 18.- In section 18 of the 1923 Act, for clause (b) excluding the provisos, the following shall be substituted, namely:-

"(b) Save as otherwise provided, elected and nominated members of the Syndicate shall hold office for a period of three years and such members shall be eligible for re-election or re-nomination:".

Section 5. Amendment of section 23

5. Amendment of section 23.- In section 23 of the 1923 Act, for clause (b) excluding the provisos, the following shall be substituted, namely:-

"(b) Save as otherwise provided, elected and nominated members of the Academic Council shall hold office for a period of three years and such members shall be eligible for re-election or re-nomination:".

Section 6. Amendment of section 33

PART III

AMENDMENTS TO THE ANNAMALAI UNIVERSITY ACT, 1928

6. Amendment of section 33.- In section 33 of the Annamalai University Act, 1928 (Tamil Nadu Act 1 of 1929) (hereinafter referred to as the 1929 Act), for sub-section (1) including the proviso and the Explanation thereunder, the following sub-section shall be substituted, namely:-

"(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 members,-

(a) be eligible for re-election or re-nomination to the Senate, Academic Council or Syndicate; and

(b) in the case of any other authority or body hold office upto the date of its next reconstitution.".

Section 7. Substitution of section 33-A

7. Substitution of section 33-A.- For section 33-A of the 1929 Act, the following section shall be substituted, namely:-

"33-A. Restriction for election or nomination to Senate, Academic Council and Syndicate in certain cases.-(1) Notwithstanding anything contained in sections 15, 17, 21 or 33, any person who has completed two terms of three years each, continuously in any one or two of the following authorities of the University, namely:-

(i) the Senate,

(ii) the Academic Council, and

(iii) the Syndicate,

shall be eligible, after a period of three years has elapsed from the date of his ceasing to be such member, for election or nomination to any of the above mentioned authorities:

Provided that for the purpose of this sub-section, if a person was elected or nominated to one authority and such person became a member of another authority by virtue of the membership in the first mentioned authority, the period for which he held office in the first mentioned authority alone shall be taken into account

(2) Nothing in sub-section (1) shall have application in respect of-

(i) ex-officio members referred to in section 15, Class I, but not including members of the Syndicate who are not otherwise members of the Senate referred to in item (11);

(ii) ex-officio members referred to in section 17, Class 1, but not including members of the Syndicate who are not otherwise members of the Academic Council referred to in item (5); and

(iii) ex-officio members referred to in section 21, Class I.".

Section 8. Amendment of section 15

PART IV

AMENDMENTS TO THE MADURAI-KAMARAJ UNIVERSITY ACT, 1965

8. Amendment of section 15.- In section 15 of the Madurai-Kamaraj University Act, 1965 (Tamil Nadu Act 33 of 1965) (hereinafter referred to as the 1965 Act), for clause (b) excluding the provisos, the following shall be substituted, namely:-

"(b) Save as otherwise provided, elected and nominated members of the Senate shall hold office for a period of three years and such members shall he eligible for re-election or re-nomination".

Section 9. Amendment of section 19

9. Amendment of section 19.- In section 19 of the 1965 Act, for clause (b) excluding the provisos, the following shall be substituted, namely:-

"(b) Save as otherwise provided, elected and nominated members of the Syndicate shall hold office for a period of three years and such members shall be eligible for re-election or re-nomination:".

Section 10. Amendment of section 24

10. Amendment of section 24.- In section 24 of the 1965 Act, for clause (b) excluding the provisos, the following shall be substituted, namely:-

"(b) Save as otherwise provided, elected and nominated members of the Academic Council shall hold office for a period of three years and such members shall be eligible for re-election or re-nomination:".

Section 11. Amendment of section 24-A

11. Amendment of section 24-A.- In section 24-A of the 1965 Act, for the marginal heading and sub-section (1), the following shall be substituted, namely:-

"Restriction for election or nomination to Senate, Syndicate and Academic Council in certain cases.-(1) Notwithstanding anything contained in sections 15, 19 or 24, any person who has completed two terms of three years each, continuously in any one or two of the following authorities of the University, namely:-

(i) the Seriate,

(ii) the Syndicate, and

(iii) the Academic Council,

shall be eligible, after a period of three years has elapsed from the date of his ceasing to be such member, for election or nomination to any of the abovementioned authorities:

Provided that for the purpose of this sub-section, if a person was elected or nominated to one authority and such person became a member of another authority by virtue of the membership in the first mentioned authority, the period for which he held office in the first mentioned authority alone shall be taken into account."

Section 12. Amendment of section 17

PART V

AMENDMENTS TO THE ANNA UNIVERSITY ACT, 1978

12. Amendment of section 17.- In section 17 of the Anna University Act, 1978 (Tamil Nadu Act 30 of 1978) (hereinafter referred to as the 1978 Act), in sub-section (4),-

(1) for the expression beginning with the words "The term of office of the members" and ending with the words "another term of three years", the following shall be substituted, namely:-

"The term of office of the members of the Syndicate, other than the ex-officio members, shall be three years and such members shall be eligible for reelection or re-nomination;"

(2) the second proviso including the Explanation thereunder, shall be omitted.

Section 13. Amendment of section 17-A

13. Amendment of section 17-A.- In section 17-A of the 1978 Act, for the marginal heading and sub-section (1), the following shall be substituted, namely:-

"Restriction for election or nomination to Syndicate and Academic Council if certain cases.-(1) Notwithstanding anything contained in section 17 or section 18 or Statute 9 of Schedule II, any person who has completed two terms of three years each, continuously in any one or both of the following authorities of the University, namely:-

(i) the Syndicate, and

(ii) the Academic Council,

shall be eligible, after a period of three years has elapsed from the date of his ceasing to be such member, for election or nomination to any of the above mentioned authorities:

Provided that for the purpose of this sub-section if a person was elected or nominated to one authority and such person became a member of another authority by virtue of the membership in the first mentioned authority, the period for which he held office in the first mentioned authority alone shall be taken into account.".

Section 14. Amendment of section II

14. Amendment of section II.- In Schedule II to the 1978 Act, in Statute 9, for clause (3), the following clause shall be substituted, namely:-

"(3) The term of office of the members, other than ex-officio members, shall be three years and such members shall be eligible for re-nomination.".

Section 15. Amendment of section 7

PART VI

AMENDMENTS TO THE BHARATHIAR UNIVERSITY ACT, 1981

15. Amendment of section 7.- In section 7 of the Bharathiar University Act, 1981 (Tamil Nadu Act 1 of 1982) (hereinafter referred to as Tamil Nadu Act 1 of 1982), for the marginal heading and sub-section (1), the following shall be substituted, namely:-

"Restriction for election or nomination to Senate, Standing Committee on Academic Affairs and Syndicate in certain cases.-(1) Notwithstanding anything contained in sections 20, 23 or 24, any person who has completed two terms of three years each, continuously in any one or two of the following authorities of the University, namely:-

(i) the Senate,

(ii) the Standing Committee on Academic Affairs, and

(iii) the Syndicate,

shall be eligible, after a period of three years has elapsed from the date of his ceasing to be such member, for election or nomination to any of the above mentioned authorities:

Provided that for the purpose of this sub-section, if a person was elected or nominated to one authority and such person became a member of another authority by virtue of the membership in the first mentioned authority, the period for which he held office in the first mentioned authority alone shall be taken into account.".

Section 16. Amendment of section 20

16. Amendment of section 20.- In section 20 of Tamil Nadu Act 1 of 1982, for clause (b) excluding the provisos, the following shall be substituted, namely:-

"(b) Save as otherwise provided, elected and nominated numbers of the Senate shall hold office for a period of three years and such members shall be eligible for re-election or re-nomination:".

Section 17. Amendment of section 23

17. Amendment of section 23.- In section 23 of Tamil Nadu Act 1 of 1982, in sub-section (2), for clause (c) excluding the provisos, the following shall be substituted, namely:-

"(c) The Members of the Standing Committee on Academic Affairs, other than the ex-officio members, shall hold office for a period of three years and such members shall be eligible for re-election;".

Section 18. Amendment of section 24

18. Amendment of section 24.- In section 24 of Tamil Nadu Act 1 of 1982, for clause (c) excluding the provisos, the following shall be substituted, namely:-

"(c) Save as otherwise provided, the members of the Syndicate, other than the ex-officio members, shall hold office for a period of three years and such members shall be eligible for re-election or re-nomination;".

Section 19. Amendment of section 7

PART VII

AMENDMENTS TO THE BHARATHIDASAN UNIVERSITY ACT, 1981

19. Amendment of section 7.- In section 7 of the Bharathidasan University Act, 1981 (Tamil Nadu Act 2 of 1982) (hereinafter referred to as Tamil Nadu Act 2 of 1982), for the marginal heading and sub-section (1), the following shall be substituted, namely:-

"Restriction for election or nomination to Senate, Standing Committee on Academic Affairs and Syndicate in certain cases.-(1) Notwithstanding anything contained in section 20, 23 or 24, any person who has completed two terms of three years each, continuously in any one or two of the following authorities of the University, namely:-

(i) the Senate,

(ii) the Standing Committee on Academic Affairs, and

(iii) the Syndicate,

shall be eligible, after a period of three years has elapsed from the date of his ceasing to be such member, for election or nomination to any of the above mentioned authorities:

Provided that for the purpose of this sub-section, if a person was elected or nominated to one authority and such person became a member of another authority by virtue of the membership in the first mentioned authority, the period for which he held office in the first mentioned authority alone shall be taken into account.".

Section 20. Amendment of section 20

20. Amendment of section 20.- In section 20 of Tamil Nadu Act 2 of 1982, for clause (b) excluding the provisos, the following shall be substituted, namely:-

"(b) Save as otherwise provided, elected and nominated members of the Senate shall hold office for a period of three years and such members shall be eligible for re-election or re-nomination;".

Section 21. Amendment of section 23

21. Amendment of section 23.- In section 23 of Tamil Nadu Act 2 of 1982 in sub-section (2), for clause (c) excluding the provisos, the following shall be substituted, namely:-

"(c) The members of the Standing Committee on Academic Affairs, other than the ex-officio members, shall hold office for a period of three years and such members shall be eligible for re-election;"

Section 22. Amendment of section 24

22. Amendment of section 24.- In section 24 of Tamil Nadu Act 2 of 1982, for clause (e) excluding the section 24, provisos, the following shall be substituted, namely:-

"(e) Save as otherwise provided, the members of the Syndicate, other than the ex-officio members, shall hold office for a period of three year 5 and such members shall be eligible for re-election or re-nomination:".

Section 23. Amendment of section 7

PART VIII

AMENDMENTS TO THE MOTHER TERESA WOMEN's UNIVERSITY ACT, 1984

23. Amendment of section 7.- In section 7 of the Mother Teresa Women's University Act, 1984 (Tamil Nadu Act 15 of 1984) (hereinafter referred to as the 1984 Act), for the marginal heading and sub-section (1), the following shall be substituted, namely:-

"Restriction for nomination to Academic Committee and Executive Council in certain cases.-: (1) Notwithstanding anything contained in sections 20 or 23, any person who has completed two terms of three years each, continuously in any one or both of the following authorities of the University, namely:-

(i) the Academic Committee, and

(ii) the Executive Council,

shall be eligible, after a period of three years has elapsed from the date of his ceasing to be such member, for nomination to any of the above mentioned authorities:

Provided that for the purpose of this sub-section, if a person was nominated to one authority and such person became a member of another authority by virtue of the membership in the first mentioned authority, the period for which such person held office in the first mentioned authority alone shall be taken into account.".

Section 24. Amendment of section 20

24. Amendment of section 20.- In section 20 of the 1984 Act, for clause (c) excluding the provisos, the following shall be substituted, namely:-

"(c) Save as otherwise provided, nominated members of the Academic Committee shall hold office for a period of three years and such members shall be eligible for re-nomination:".

Section 25. Amendment of section 23

25. Amendment of section 23.- In section 23 of the 1984 Act, for clause (e) excluding the provisos, the following shall be substituted, namely:-

"(e) Save as otherwise provided, nominated members of the Executive Council shall hold office for a period of three years and such members shall be eligible for re-nomination;".

Section 26. Amendment of section 8

PART IX

AMENDMENTS TO THE ALAGAPPA UNIVERSITY ACT, 1985

26. Amendment of section 8.- In section 8 of the Alagappa University Act, 1985 (Tamil Nadu ???) (hereinafter referred to as the 1985 Act), for the marginal heading and sub-section (1), the following shall be substituted, namely:-

"Restriction for election to Senate Standing Committee on Academic Affairs and Syndicate in certain cases.- (1) Notwithstanding anything contained in section 21, 24 or 25, any person who has completed two terms of three years each, continuously, in any one or two of the following authorities of the University, namely:-

(i) the Senate,

(ii) the Standing Committee on Academic Affairs, and

(iii) the Syndicate,

shall be eligible, after a period of three years has elapsed from the date of his ceasing to be such member, for election or nomination to any of the above mentioned authorities:

Provided that for the purpose of this sub-section, if a person was elected or nominated to one authority and such person became a member of another authority by virtue of the membership in the first mentioned authority, the period for which he held office in the first mentioned authority alone shall be taken into account.".

Section 27. Amendment of section 21

27. Amendment of section 21.- In section 21 of the 1985 Act, for clause (c) excluding the provisos, the following shall be substituted, namely:-

"(c) Save as otherwise provided, elected and nominated members of the Senate shall hold office for a period of three years and such members shall be eligible for re-election or re-nomination;".

Section 28. Amendment of section 24

28. Amendment of section 24.- In section 24 of the 1985 Act, in sub-section (2), for clause (d), the following clause shall be substituted, namely:-

"(d) The members of the Standing Committee on Academic Affairs, other than the ex-officio members, shall hold office for a period of three years and such members shall be eligible for re-nomination:".

Section 29. Amendment of section 25

29. Amendment of section 25.- In section 25 of the 1985 Act, for clause (e) excluding the provisos, the following shall be substituted, namely:-

"(e) Save as otherwise provided, the members of the Syndicate, other than the life member and the ex-officio members shall hold office for a period of three years and such members shall be eligible for re-election or re-nomination."

Section 30. Amendment of section 6-A

PART X

AMENDMENTS TO THE MANONMANIAM SUNDARANAR UNIVERSITY ACT, 1990

30. Amendment of section 6-A.- In section 6-A of the Manonmaniam Sundaianar University Act, 1990 (Tamil Nadu Act 31 of 1990) (hereinafter referred to as the 1990 Act), for the marginal heading and sub-section (1), the following shall be substituted, namely:-

"Restriction for election or nomination to Senate, Stonding Committee on Academic Affairs and Syndicate in certain cases.- (1) Notwithstanding anything contained in section 19, 22 or 23, any person who has completed two terms of three years each, continuously in any one or two of the following authorities of the University, namely:-

(i) the Senate,

(ii) the Standing Committee on Academic Affairs, and

(iii) the Syndicate,

shall be eligible, after a period of three years has elapsed from the ??? of his ceasing to be such member, for election or nomination to any of the above mentioned authorities:

Provided that for the Purpose of this sub-section, if a person was elected or nominated to one authority and such person became a member of another authority by virtue of the membership in the first mentioned authority, the period for which he held office in the first mentioned authority alone shall be taken into account.".

Section 31. Amendment of section 19

31. Amendment of section 19.- In section 19 of the 1990 Act, for clause (b) excluding the provisos, the following shall be substituted, namely:-

"(b) Save as otherwise provided, elected and nominated members of the Senate shall hold office for a period of three years and such members shall be eligible for re-election or re-nomination:"

Section 32. Amendment of section 22

32. Amendment of section 22.- In section 22 of the 1990 Act, in sub-section (2), for clause (c) excluding the provisos, the following shall be substituted, namely:-

"(c) The members of the Standing Committee on Academic Affairs, other than the ex-officio members, shall hold office for a period of three years and such member shall be eligible for re-election."

Section 33. Amendment of section 23

33. Amendment of section 23.- In section 23 of the 1990 Act, for clause (e) excluding the provisos, the following shall be substituted, namely:-

"(e) Save as otherwise provided, the members of the Syndicate, other than the ex-officio members, shall hold office for a period of three years and such members shall be eligible for re-election or re-nomination:".