Tamil nadu act 035 of 2002 : Tamil Nadu Universities Laws (Amendment) Act, 2002

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, 2002.

(2) It shall come into force on such date as the State Government may, by notification, appoint.

Section 2. Amendment of section 2

PART-II

Amendments to the Chennai University Act, 1923

2. Amendment of section 2.- In section 2 of the Chennai University Act, 1923 (Tamil Nadu ??? of 1923) (hereafter in this Part referred to as the 1923 Act),-

(1) in clause (aaaa), the following expression shall be added at the end, namely:-

"and includes constituent colleges;";

(2) after clause (aaaa), the following clause shall be inserted, namely:-

"(aaaaa) "constituent college" means any college or institution specified in Schedule-III;".

Section 3. Insertion of new Chapter IX-A

3. Insertion of new Chapter IX-A.- After Chapter IX of the 1923 Act, the following Chapter shall be inserted, namely:-

"CHAPTER IX-A

Transfer of certain colleges, Employees and funds

45-A. Transfer of certain colleges to University.- (1) Notwithstanding anything contained in this Act or the statutes, regulations, ordinances and orders made thereunder, on and from the date of commencement of the Tamil Nadu Universities Laws (Amendment) Act, 2002 (hereafter in this Chapter referred to as the notified date), the colleges and institutions specified in Schedule 111 shall be transferred to, and maintained by, the Chennai University as the constituent colleges of that University.

(2) On and from the notified date, the control and management of the constituent 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 Chennai University.

45-B. Transfer of certain employees.- (1) Every person, who immediately before the notified date, is serving in the college or institution specified in Schedule III shall, as from the said date, become an employee of the University and shall cease to be an employee of the Government.

(2) Every person referred to in sub-section (1) shall hold office under the Chennai University for the same tenure at the same remuneration and up in 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 as if the Tamil Nadu Universities Laws (Amendment) Act, 2002 had not been passed.

(3) The liability to pay pension and gratuity to the persons referred to in sub-section (1) shall be the liability of the Chennai University.

45-C. 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 45-B as on the notified date shall be transferred to the Chennai University and the liability in respect of the said Provident Fund Accounts shall be the liability of the Chennai University.

(2) There shall be paid to the Chennai University out of the accumulations in the superannuation fund and other like funds, if any, 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-section (1) of section 45-B. The amounts so paid shall form part of the superannuation fund or other like funds, if any, that may be established by the Chennai University for the benefit of its employees.".

Section 4. Addition of new Schedule III

4. Addition of new Schedule III.- After Schedule II of the 1923 Act, the following Schedule shall be added, namely:-

"SCHEDULE III

See-section 2(aaaaa)

Section 5. Amendment of section 1

5. Amendment of section 1.- In section 1 of the Madurai-Kamaraj University Act, 1965 (hereafter in this Part referred to as the 1965 Act), in sub-section (3), for the expression "It applies to all colleges and institutions", the expression "It applies to all constituent colleges, colleges and institutions" shall be substituted.

Section 6. Amendment of section 2

6. Amendment of section 2.- In section 2 of the 1965 Act,

(1) in clause (c), the following expression shall be added at the end, namely:-

"and includes constituent colleges;";

(2) after clause (c), the following clause shall be inserted, namely:-

"(cc) "constituent college" means Government Arts College, Melur and Sri Meenakshi Government Arts College for Women, Madurai;".

Section 7. Insertion of new Chapter VIII-A

7. Insertion of new Chapter VIII-A.- After Chapter VIII of the 1965 Act, the following Chapter shall be inserted, namely:-

"CHAPTER VIII-A

Transfer of certain Colleges, Employees and Funds

40-A. Transfer of certain colleges to University.- (1) Notwithstanding anything contained in this Act or the statutes, regulations, ordinances and orders made thereunder, on and from the date of commencement of the Tamil Nadu Universities Laws (Amendment) Act, 2002 (hereafter in this Chapter referred to as the notified date), the colleges specified in clause (cc) of section 2 shall be transferred to and maintained by the Madurai-Kamaraj University as the constituent colleges of that University.

(2) On and from the notified date, the control and management of the constituent 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 Madurai-Kamaraj University.

40-B. Transfer of certain employees-(1) Every person, who immediately before the notified date, is serving in the college specified in clause (cc) of section 2 shall, as from the said date, become an employee of the University and shall cease to be an employee of the Government.

(2) Every person referred to in sub-section (1) shall hold office under the Madurai-Kamaraj University for 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 as if the Tamil Nadu Universities Laws (Amendment) Act, 2002 had not been passed.

(3) The liability to pay pension and gratuity to the persons referred to in sub-section (1) shall be the liability of the Madurai-Kamaraj University.

40-C. 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 40B as on the notified date shall be transferred to the Madurai-Kamaraj University and the liability in respect of the said Provident Fund Accounts shall be the liability of the Madurai-Kamaraj University.

(2) There shall be paid to the Madurai-Kamaraj University out of the accumulations in the superannuation fund and other like funds, if any, 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-section (1) of section 40-B. The amounts so paid shall form part of the superannuation fund or other like funds, if any, that may be established by the Madurai-Kamaraj University for the benefit of its employees.".

Section 8. Amendment of section 1

PART-IV

Amendments to the Bharathiar University Act, 1981

8. Amendment of section 1.- In section 1 of the Bharathiar University Act, 1981 (Nadu Act 1 of 1982) (hereafter in this Part referred to as Tamil Nadu Act 1 of 1982), in sub-section (3), for the expression "It applies to all colleges and institution", the expression "It applies to all constituent colleges, colleges and institutions" shall be substituted.

Section 9. Amendment of section 2

9. Amendment of section 2.- In section 2 of Tamil Nadu Act 1 of 1982,-

(1) in clause (d), the following expression shall be added at the end, namely:-

"and includes constituent colleges;";

(2) after clause (d), the following clause shall be inserted, namely:-

"(dd) "constituent college" means any college specified in the Schedule;".

Section 10. Insertion of new Chapter IX-A

10. Insertion of new Chapter IX-A.- After Chapter IX of Tamil Nadu Act 1 of 1982, the following Chapter shall be inserted, namely:-

"CHAPTER IX-A

Transfer of Certain Colleges, Employees and Funds

46-A. Transfer of certain colleges to University.- (1) Notwithstanding anything contained in this Act or the statutes, regulations, ordinances and orders made thereunder, on and from the date of commencement of the Tamil Nadu Universities Laws (Amendment) Act, 2002 (hereafter in this Chapter referred to as the notified date), the colleges specified in the Schedule shall be transferred to and maintained by the Bharathiar University as the constituent colleges of that University.

(2) On and from the notified date, the control and management of the constituent 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 Bharathiar University.

46-B. Transfer of certain employees.- (1) Every person, who immediately before the notified date, is serving in the colleges specified in the Schedule shall, as from the said date, become an employee of the University and shall cease to be an employee of the Government.

(2) Every person referred to in sub-section (1) shall hold office under the Bharathiar University for 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 as if the Tamil Nadu Universities Laws (Amendment) Act, 2002 had not been passed.

(3) The liability to pay pension and gratuity to the persons referred to in sub-section (1) shall be the liability of the Bharathiar University.

46-C. 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 46-B as on the notified date shall be transferred to the Bharathiar University and the liability in respect of the said Provident Fund Accounts shall be the liability of the Bharathiar University.

(2) There shall be paid to the Bharathiar University out of the accumulations in the superannuation fund and other like funds, if any, 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-section (1) of section 46-B. The amounts so paid shall form part of the superannuation fund or other like funds, if any, that may be established by the Bharathiar University for the benefit of its employees.

Section 11. Addition of new Schedule

11. Addition of new Schedule.- After section 65 of Tamil Nadu Act 1 of 1982, the following Schedule shall be added, namely:-

"THE SCHEDULE

See section 2(dd)

Section 12. Amendment of section 1

PART-V

Amendments to the Bharathidasan University Act, 1981

12. Amendment of section 1.- In section 1 of the Bharathidasan University Act, 1981 (Tamil Nadu 2 of 1982) (hereafter in this Part referred to as Tamil Nadu Act 2 of 1982), in sub-section (3), for the expression "It applies to all colleges and institution", the expression "It applies to all constituent colleges, colleges and institutions" shall be substituted.

Section 13. Amendment of section 2

13. Amendment of section 2.- In section 2 of Tamil Nadu Act 2 of 1982,-

(1) in clause (d), the following expression shall be added at the end, namely:-

"and includes constituent colleges;";

(2) after clause (d), the following clause shall be inserted, namely:-

"(dd) "constituent colleges" means any college specified in the schedule;".

Section 14. Insertion of new Chapter IX-A

14. Insertion of new Chapter IX-A.- After Chapter IX of Tamil Nadu Act 2 of 1982, the following Chapter shall be inserted, namely:-

"CHAPTER IX-A

Transfer of certain colleges, employees and Funds

46-A. Transfer of certain colleges to University.- (1) Notwithstanding anything contained in this Act or the statutes, regulations, ordinances and orders made thereunder, on and from the date of commencement of the Tamil Nadu Universities Laws (Amendment) Act, 2002 (hereafter in this Chapter referred to as the notified date), the colleges specified in the Schedule shall be transferred to, and maintained by, the Bharathidasan University as the constituent colleges of that University.

(2) On and from the notified date, the control and management of the constituent 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 Bharathidasan University.

46-B. Transfer of certain employees.- (1) Every person, who immediately before the notified date, is serving in the college specified in the Schedule shall, as from the said date, become an employee of the University and shall cease to be an employee of the Government.

(2) Every person referred to in sub-section (1) shall hold office under the Bharathidasan University for 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 as if the Tamil Nadu Universities Laws (Amendment) Act, 2002 had not been passed.

(3) The liability to pay pension and gratuity to the persons referred to in sub-section (1) shall be the liability of the Bharathidasan University.

46-C. 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 46-B as on the notified date shall be transferred to the Bharathidasan University and the liability in respect of the said Provident Fund Accounts shall be the liability of the Bharathidasan University.

(2) There shall be paid to the Bharathidasan University out of the accumulations in the superannuation fund and other like funds, if any, 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-section (1) of section 46-B. The amounts so paid shall form part of the superannuation fund or other like funds, if any, that may be established by the Bharathidasan University for the benefit of its employees.

Section 15. Addition of new Schedule

15. Addition of new Schedule.- After section 65 of Tamil Nadu Act 2 of 1982, the following Schedule shall be added, namely:-

"THE SCHEDULE

See section 2(dd)

Section 16. Insertion of new section 1-A

PART-VI

Amendments to the Alagappa University Act, 1985

16. Insertion of new section 1-A.- After section 1 of the Alagappa University Act, 1985 (Tamil Nadu 23 of 1985) (hereafter in this Part referred to as the 1985 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 deemed to be affiliated to, or approved by, the University under this Act;

(c) all colleges situate within the University area and affiliated to, or approved by, the University in accordance with the provisions of this Act or the statutes made thereunder.

Section 17. Amendment of section 2

17. Amendment of section 2.- In section 2 of the 1985 Act,-

(1) for clauses (a) and (b), the following clauses shall be substituted, namely:-

"(a) "affiliated college" means any college or institution situate within the University area and affiliated to the University and providing courses of study for admission to the examination for degrees of the University and includes a college deemed to be affiliated to the University under this Act;

(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 to the University under this Act;

(ac) "autonomous college" means any college designated as an autonomous college by statutes;

(ad) "college" means any college or institution, maintained or approved by, or affiliated to, the University and providing courses of study for admission to the examination of the University and includes a constituent college;

(b) "constituent college" means any college or institution specified in the Schedule 1 and 11;"..

(2) after clause (h), the following clause shall be inserted, namely:-

"(ba) "registered graduate" means a graduate registered under this Act;".

Section 18. Amendment of section 3

18. Amendment of section 3.- In section 3 of the 1985 Act, for sub-sections (3) and (4), the following sub-sections shall be substituted, namely:-

"(3) The University shall be of the affiliating type.

(4) The jurisdiction of the University shall extend to the whole area comprising the districts of Sivaganga and Ramanathapuram in the State of Tamil Nadu.

(5) The headquarters of the University shall be located in the Alagappa Nagar in Sankarapuram Panchayat in Karaikudi Taluk.

Section 19. Omission of section 4

19. Omission of section 4.- Section 4 of the 1985 Act shall be omitted.

Section 20. Amendment of section 5-A

20. Amendment of section 5-A.- In section 5-A of the 1985 Act,-

(1) In clause (2), in sub-clause (a), after the expression "laboratory", the expression "or in an affiliated college or approved college" shall be inserted;".

(2) After clause (2), the following clause shall be inserted, namely:-

"(2-a) to hold examinations and to confer degrees, titles, diplomas and other academic distinctions on persons who shall have pursued an approved course of study by correspondence, whether residing within the University area or not and to provide such lectures and instructions for persons not being residents within the University area under conditions prescribed;

(2-b) to affiliate colleges to the University under conditions prescribed and to 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;

(2-c) to approve colleges providing courses of study for admission to the examinations for titles and diplomas of the University under conditions prescribed and to withdraw such approval:

Provided that no college shall be approved by the University unless the permission of the Government to establish such college has been obtained and the terms and conditions, if any, of such permission have been complied with;

(2-d) to designate any college as an autonomous college with the prior concurrence of the Government under conditions prescribed and to cancel such designation.

Section 21. Substitution of section 6

21. Substitution of section 6.- For section 6 of the 1985 Act, the following section shall be substituted, namely:-

"6. College not to be ??? any other University and recognition of institution by University,-

(1) No college within the University area shall be affiliated to any University other than the Alagappa University.

(2) No institution affiliated to, or associated with, or maintained by any other University in the State of Tamil Nadu shall be recognized by the University for any purpose except with the prior approval of the Government and the University concerned.

Section 22. Amendment of section 9

22. Amendment of section 9.- In section 9 of the 1985 Act, in sub-section (1), for the expression beginning with the words "The Chancellor shall have the right", and ending with the words "connected with the University", the following expression shall be substituted, namely:-

"The Chancellor shall have the right to cause an inspection or inquiry to be made, by such person or persons as he may direct, of the University, its buildings, laboratories, libraries, museums, workshops and equipment and of any college maintained or approved by, or affiliated to, the University and also of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in respect of any matter connected with the University.".

Section 23. Amendment of section 21

23. Amendment of section 21.- In section 21 of the 1985 Act, in clause (a),-

(1) under the heading "Class I-Ex-Officio Members", for item (9), the following items shall be substituted, namely:-

"(9) Heads of University Departments of Study and Research;

(9-A) Principals of all colleges;

(9-B) The Librarian of the University Libraiy;

(9-C) The Director of Physical Education of the University;

and";

(2) under the heading "Class II-Other Members", after item (1), the following items shall be inserted, namely:-

"(1-A) One member elected by teachers of each college from among themselves;

(1-B) One member elected from among themselves by the Secretaries of the college committees of the private colleges, as defined in the Tamil Nadu Private Colleges (Regulation) Act, 1976 (President's Act 19 of 1976) within the University area;

(1-C) One member elected by Headmasters of Higher Secondary Schools in each revenue district within the University area;

(1-D) One member elected by registered graduates in each revenue district within the University area from among themselves;

Section 24. Amendment of section 24

24. Amendment of section 24.- In section 24 of the 1985 Act, in sub-section (2), in clause (a), under the heading "Class II-Other Members", for the expression "Two members nominated by the Vice-Chancellor according to seniority from among the Readers in the University", the following shall be substituted, namely:-

"(1) Two members elected by Principals of colleges from among themselves in accordance with the system of proportional representation by means of the single transferable vote.

(2) Two members nominated by the Vice-Chancellor according to seniority from among the Readers in the University."

Section 25. Amendment of section 25

25. Amendment of section 25.- In section 25 of the 1985 Act,-

(1) in clause (b),-

(a) under the heading "Class II-Ex-Officio Members", after item (2), the following item shall be inserted, namely:-

"(2-A) The Secretary to Government in-charge of Law;";

(b) under the heading "Class III-Other Members", after item (1), the following items shall be inserted, namely:-

"(1-A) Two members elected by Principals of colleges from among themselves in accordance with the system of proportional representation by means of the single transferable vote;

(1-B) Two members elected by teachers of colleges, other than principals, from among themselves who are members of the Senate, in accordance with the system of proportional represent at on by means of the single transferable vote.

Explanation.- For the purpose of this item "teachers" shall mean those teachers elected to the Senate by the teachers of the colleges from among themselves.".

(2) in clause (d), in sub-clause (i), for the expression "Health and Family Welfare" the expression "Health and Family Welfare, or the Secretary to Government in-charge of Law shall be substituted."

Section 26. Amendment of section 26

26. Amendment of section 26.- In section 26 of the 1985 Act, in clause (a),-

(1) after sub-clause (5), the following sub-clauses shall be inserted, namely:-

"(5-A) to prescribe the conditions for approving colleges and to withdraw such approval;

(5-B) to prescribe the conditions for affiliating colleges to the University and to withdraw affiliation from colleges;

(5-C) to prescribe the manner in which, and the conditions subject to which, a college may be designated as an autonomous college and such designation may be cancelled;

(5-D) to affiliate or approve colleges within the University area and to recognize colleges as approved colleges;"

(5-E) to designate any college as an autonomous college and to cancel such designation with the concurrence of the Government;".

(2) in sub-clause (7), after the expression "University colleges", the expression "or an affiliated collage or approved collage" shall be inserted;

(3) in sub-clause (9), after the expression "laboratory", the expression "or an affiliated college or approved college" shall be inserted;

(4) in sub-clauses (28) and (29), for the expression "University colleges", the expression "University colleges, affiliated colleges and approved colleges" shall be substituted;

(5) in sub-clause (37), for the expression "University colleges", the expression "University colleges, affiliated colleges and approved colleges" shall be inserted.

Section 27. Amendment of section 34

27. Amendment of section 34.- In section 34 of the 1985 Act, after clause (xv), the following clauses shall be inserted, namely:-

"(xv-a) the conditions of registration of graduates and the maintenance of register thereof;

(xv-b) the conditions of recognition of approved colleges and of affiliation to the University of affiliated colleges;

(xv-c) 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;".

Section 28. Amendment of section 36

28. Amendment of section 36.- In section 36 of the 1985 Act,-

(1) in clause (i), after the expression "the University", the expression "and its affiliated colleges or approved colleges" shall be substituted;

(2) in clause (xi), the, word, "and" at the end, shall be omitted;

(3) after clause (xi), the following clause shall be inserted, namely:-

(xi-a) the conditions subject to which persons who may hereafter be permanently employed may be recognized as qualified to give instruction in affiliated colleges and approved colleges and hostels; and"

Section 29. Amendment of section 39

29. Amendment of section 39.- In section 39 of the 1985 Act, in sub-section (2), after the expression "University college", the expression "or an affiliated college or approved college" shall be inserted.

Section 30. Amendment of section 40

30. Amendment of section 40.- In section 40 of the 1985 Act, after the expression "University college", the expression "or an affiliated college or approved college" shall be inserted.

Section 31. Insertion of new Chapter X-A

31. Insertion of new Chapter X-A.- After Chapter X of the 1985 Act, the following Chapter shall be added, namely:-

"Chapter X-A

Transfer of Certain Other Colleges, Employees And Funds

52-A. Tamil Nadu Act 33 of 1965 not to apply.- (1) Subject to the provisions of sub-sections (2) to (6), the Madurai-Kamaraj University Act, 1965 (Tamil Nadu Act 33 of 1965) (hereafter in this section referred to as the University Act) shall, with effect in and from the date of the commencement of the Tamil Nadu Universities Laws (Amendment) Act, 2002 (hereafter in this Chapter referred to as the notified date), cease to apply in respect of every college to which this Act applies.

(2) Such cessor shall not affect-

(a) the previous operation of the University Act in respect of the colleges referred to in sub-section (1);

(b) any penalty, forfeiture or punishment incurred in respect of any offence committed against the University Act; 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 Tamil Nadu Universities Laws (Amendment) Act, 2002 had not been passed.

(3) Notwithstanding anything contained in sub-section (1), all statutes, ordinances and regulations made under the University Act 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 notified date was a student of a college within the University areas affiliated to, or approved by, the Madurai-Kamaraj University was eligible to appear for any of the examinations of the Madurai-Kamaraj University shall be permitted to complete his course of study in the Alagappa University and the Alagappa 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 Alagappa University, in accordance with the course of study in the Madurai-Kamaraj University and such student shall during such period be admitted to the examinations held or conducted by the Madurai-kamaraj University and the corresponding degree, diploma or other academic distinctions of the Madurai-Kamaraj University shall be conferred upon the qualified students on the result of such examinations by the Madurai-Kamaraj University.

(5) All colleges within the University area which immediately before the notified date,-

(a) continue to be affiliated to, or approved by or recognized by, the Madurai-Kamaraj University; and

(b) provide courses of study for admission to the examination for degrees and diplomas of the Madurai-Kamaraj University,

shall be deemed to be colleges affiliated to, or approved by the Alagappa 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 Act 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 provision of this Act and shall ??? to have effect accordingly unless and until superseded by anything done or any action taken under the corresponding provisions of this Act.

52-B. Transfer of certain colleges to University.- (1) Notwithstanding anything contained in the Madurai-Kamaraj University Act, 1965 (Tamil Nadu Act 33 of 1965) of the statutes, regulations, ordinances and orders made thereunder, on and from the notified date, the colleges specified in the Schedule 11 shall be transferred to and maintained by the Alagappa University as the constituent colleges of that University.

(2) On and from the notified date, the control and management of the constituent 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 Alagappa University.

52-C. Transfer of certain employees.- (1) Every person, who immediately before the notified date, is serving in the colleges specified in the Schedule II shall, as from the said date, become an 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 Alagappa University and the Madurai-Kamaraj University direct, by general or special order, that such of the employees of the Madurai-Kamaraj University as are specified in such order shall stand allotted to serve in connection with the affairs of the Alagappa 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 ??? 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 Alagappa University and shall cease to be employees of the Madurai-Kamaraj University.

(3) Every person referred to in sub-sections (1) and (2) shall nold office under the Alagappa University for the same tenure at the same remuneration and upon the same rights and privileges rs 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 may be, as if the Tamil Nadu Universities Laws (Amendment) Act, 2002 had not been passed.

(4) The liability to pay pension and gratuity to the persons referred ta in sub-sections (1) and (2) shall be the liability of the Alagappa University.

52-D. Transfer of accumulations in Provident Fund and other like Funds.- (1) The sums at the credit of the Provident Fund amounts of the persons referred to in sub-section (1) of section 52-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 Alagappa University and the liability in respect of the said Provident Fund Accounts shall be the liability of the Alagappa University.

(2) There shall be paid to the Alagappa University out of the accumulations in the superannuation fund and other like funds, if any, of the Madurai-Kamaraj University or, 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 52-C. The amounts so paid shall form part of the superannuation fund or other like funds, if any, that may be established by the Alagappa University for the benefit of its employees.

52-E. Payment of certain moneys to the Alagappa University.- (1) The Madurai-Kamaraj University shall out of its funds as on the notified date, pay to the Alagappa University such amount as the Government may, in consultation with the Madurai-Kamaraj University specify.

(2) The amount payable under sub-section (1) shall be in addition to the amounts transferred under section 52-D.".

Section 32. Insertion of new section 58-A and 58-B

32. Insertion of new section 58-A and 58-B.- After section 58 of the 1985 Act, the following sections shall be inserted, namely:-

"58-A. Registration of ???.- (1) On and after the date of the commencement of the Tamil Nadu Universities Laws (Amendment) Act, 2002, every person ordinarily resident within the University area, who-

(i) has been for at least three years a graduate of any University in the territory of India; or

(ii) is a registered graduate of any University in the territory of India, shall be entitled to have his name entered in the register of graduates maintained under this Act for a period of five years on payment of such fee and subject to such conditions as may be prescribed by the statutes.

(2) All applications for registration under sub-section (1) shall be sent to the Registrar together with the prescribed fee and such proof of qualifications as may be prescribed by the statutes.

(3) The Registrar shall, on receipt of an application made under sub-section (2) and after making such enquiry as he deems fit, enter in the register of graduates the name of the applicant.

(4) Every person whose name has been entered in the register of graduates under sub-section (3) shall be entitled to have such entry renewed every five years on application made in that behalf to the Registrar within such time, in such manner and on payment of such fee as may be prescribed by the statutes.

58-B. Report or colleges.- The Syndicate shall, at the end of every three years from the date of commencement of the Tamil Nadu Universities Laws (Amendment) Act, 2002, submit a report to the Government on the condition of constituent, affiliated and approved colleges within the University area. The Government shall take such action on it as they deem fit.".

Section 33. Substitution of Schedule

33. Substitution of Schedule.- For the Schedule to the 1985 Act, the following Schedules shall be substituted, namely:-

"SCHEDULE-I

See section 2(b)

SCHEDULE-II

See section 2(b)

Section 34. Amendment of section 1

PART-VII

Amendments to the Manonmaniam Sundaranar University Act, 1990

34. Amendment of section 1.- In section 1 of the Manonmaniam Sundaranar University Act, 1990 (Tamil Nadu 31 of 1990) (hereafter in this Part referred to as the 1990 Act), in sub-section (3), for the expression "It applies to all colleges and institution", the expression "It applies to all constituent colleges, colleges and institutions" shall be substituted.

Section 35. Amendment of section 2

35. Amendment of section 2.- In section 2 of 1990 Act,-

(1) in clause (d), the following expression shall be added at the end, namely:-

"and includes a constituent college;";

(2) after clause (d), the following clause shall be inserted, namely:-

"(dd) constituent college" means Rani Anna Government Arts College for Women, Tirunelveli;".

Section 36. Insertion of new Chapter IX-A

36. Insertion of new Chapter IX-A.- After Chapter IX of the 1990 Act, the following Chapter shall be inserted, namely:-

"CHAPTER IX-A

Transfer on College, Employees and Funds

46-A. Transfer of college to University.- (1) Notwithstanding anything contained in this Act or the statutes, regulations, ordinance and orders made thereunder, on and from the date of commencement of the Tamil Nadu Universities Laws (Amendment) Act, 2002 (hereafter in this Chapter referred to as the notified date), the college specified in clause (dd) of section 2 shall be transferred to, and maintained by the Manonmaniam Sundaranar University as the constituent college of that University.

(2) On and from the notified date, the control and management of the constituent college 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 Manonmaniam Sundaranar University.

46-B. Transfer of employees.- (1) Every person, who immediately before the notified date, is serving in the college specified in clause (dd) of section 2 as from the said date, become an employee of the University and shall cease to be an employee of the Government.

(2) Every person referred to in sub-section (1) shall hold office under the Manonmaniam Sundaranar University for 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 of would have held the same on the notified date as if the Tamil Nadu Universities Laws (Amendment) Act, 2002 had not been passed.

(3) The liability to pay pension and gratuity to the persons referred to in sub-section (1) shall be the liability of the Manonmaniam Sundaranar University.

46-C. 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 46-B as on the notified date shall be transferred to the Manonmaniam Sundaranar University and the liability in respect of the said Provident Fund Accounts shall be the liability of the Manonmaniam Sundaranar University.

(2) There shall be paid to the Manonmaniam Sundaranar University but of accumulations in the superannuation fund and other like funds, if any, 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-section (1) of section 46-B. The amounts so paid shall form part of the superannuation fund or other like funds, if any, that may be established by the Manonmaniam Sundaranar University for the benefit of its employees.".

Section 37. Amendment of section 1

PART-VIII

Amendments to the Periyar University Act, 1997

37. Amendment of section 1.- In section 1 of the Periyar University Act, 1997 (Tamil Nadu Act 45 of 1997) (hereafter in this Part deferred to as the 1997 Act), in sub-section (3) for the expression "It applies to all colleges and institution", the expression "It applies to all constituent colleges, colleges and institutions" shall be substituted.

Section 38. Amendment of section 2

38. Amendment of section 2.- In section 2 of the 1997 Act,-

(1) in clause (d), the following expression shall be added at the end, namely:-

"and includes constituent colleges;";

(2) after clause (d), the following cause shall be inserted namely:-

"(dd) "constituent college" means any college specific in the Schedule;".

Section 39. Insertion of new Chapter IX

39. Insertion of new Chapter IX.- After Chapter IX of the 1997 Act; the following Chapter shall be inserted, namely:-

"CHAPTER IX-A

Transfer of certain colleges, Employees and Funds

47-A. Transfer of certain colleges to University.- (1) Notwithstanding anything contained in this Act or the statutes, regulations, ordinances and orders made thereunder, on and from the date of commencement of the Tamil Nadu Universities Laws (Amendment) Act, 2002 (hereafter in this Chapter referred to as the notified date), the colleges specified in the Schedule shall be transferred to, and maintained by, the Periyar University as the constituent colleges of that University.

(2) On and from the notified date, the control and management of the constituent 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 Periyar University.

47-B. ???.- before ??? notified date, is serving in the ??? in the Schedule shall, as from the said date, become an employee of the University and shall cease to be an employee of the Government.

(2) Every person referred to in sub-section (1) shall hold office under the Periyar University for 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 as if tic Tamil Nadu Universities Laws (Amendment) Act, 2002 had not been passed.

(3) The liability to pay pension and gratuity to the persons referred to in sub-section (1) shall be the liability of the Periyar University.

47-C. Transfer of accumulations in Provident Fund and other like Funds.- (1) The sums at the credit of the Provide at Fund Accounts of the persons referred to in sub-section (1) of section 47-B as on the notified date shall be transferred to the Periyar University and the liability in respect of the said Provident Fund Accounts shall be the liability of the Periyar University.

(2) There shall be paid to the Periyar University out of the accumulations in the superannuation fund and other like funds, if any, 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-section (1) of section 47-B. The amounts so paid shall form part of the superannuation fund or other like funds, if any, that may be established by the Periyar University for the benefit of its employees.".

Section 40. Addition of new Schedule

40. Addition of new Schedule.- After section 65 of the 1997 Act, the following Schedule shall be added, namely:-

"THE SCHEDULE

See section 2(dd)