Tamil Nadu Universities Laws (Amendment) Amendment Act, 2002*
| [Tamil Nadu Act No. 45 of 2002] | [15th November, 2002] |
An Act to amend the Tamil Nadu Universities Laws (Amendment) Act, 2002 and the Mother Teresa Women's University (Amendment) Act, 2002
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-third Year of the Republic of India as follows:-
* Received the assent of the Governor on the 15th November, 2002 and published in the Tamil Nadu Government Gazette, Extraordinary.
PART-I
PRELIMINARY
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Universities Laws (Amendment) Amendment Act, 2002.
(2) It shall be deemed to have come into force on the 16th day of October, 2002.
PART-II
AMENDMENTS TO THE TAMIL NADU UNIVERSITIES LAWS (AMENDMENT) ACT, 2002
2. Amendment of section 7.- In section 7 of the Tamil Nadu Universities Laws (Amendment) Act, 2002 (Tamil Nadu Act 35 of 1965) (hereinafter referred to as the 2002 Act), in Chapter VIII-A proposed to be inserted in the Madurai-Kamaraj University Act, 1965,-
(1) in the heading, the expression "Employees and Funds" shall be omitted;
(2) in section 40-A, for sub-section (2), the following sub-section shall be substituted, namely:-
"(2) On and from the notified date, the control and management of the constituent colleges shall stand transferred to the University. The Government may, at any time after the notified date, by order, transfer the properties of such constituent colleges to the University for its use, on such terms and conditions as may be specified in the order.".
(3) for sections 40-B and 40-C, the following section shall be substituted, namely:-
"40-B. Employees of constituent colleges to be employees of Government.-(1) Notwithstanding anything contained in section 40-A,-
(a) every person, who immediately before the notified date was serving in connection with the affairs of a constituent college, shall continue to be an employee of the Government and the rules and orders governing such employee immediately before the notified date in respect of the following matters shall continue to be applicable to him:-
(i) Disciplinary matters, estimate of vacancy, preparation of panel for promotion and promotion to different posts including posts of Joint Director of Collegiate Education and Director of Collegiate Education;
(ii) Pay, drawal of pay and allowances and pay drawing officers;
(iii) Age of retirement, terminal benefits including pension and General Provident Fund;
(iv) Financing, budgeting and enforcing financial discipline;
(b) rules and orders in force immediately before the notified date relating to the tuition fees, admission of students including communal reservation, schemes of scholarship to the students belonging to Backward Classes, Most Backward Classes, Scheduled Castes and Scheduled Tribes and higher education to women student shall continue to be applicable in respect of constituent colleges.
(2) Subject to the provisions of sub-section (1), the University may, with the prior approval of the Government, make statutes providing for administrative and academic control over the persons referred to in sub-section (1).".
3. Amendment of section 10.- In section 10 of the 2002 Act, in Chapter IX-A proposed to be inserted in the Bharathiar University Act, 1981 (Tamil Nadu Act 1 of 1982),-
(1) in the heading, the expression "Employees and Funds" shall be omitted;
(2) in section 46-A, for sub-section (2), the following sub-section shall be substituted, namely:-
"(2) On and from the notified date, the control and management of the constituent colleges shall stand transferred to the University. The Government may, at any time after the notified date, by order, transfer the properties of such constituent colleges to the University for its use, on such terms and conditions as may be specified in the order.".
(3) for sections 46-B and 46-C, the following section shall be substituted, namely:-
"46-B. Employees of constituent colleges to be employees of Government.- (1) Notwithstanding anything contained in section 46-A,-
(a) every person, who immediately before the notified date was serving in connection with the affairs of a constituent college, shall continue to be an employee of the Government and the rules and orders governing such employee immediately before the notified date in respect of the, following matters shall continue to be applicable to him:-
(i) Disciplinary matters, estimate of vacancy, preparation of panel for promotion and promotion to different posts including posts of Joint Director of Collegiate Education and Director of Collegiate Education;
(ii) Pay, drawal of pay and allowances and pay drawing officers;
(iii) Age of retirement, terminal benefits including pension and General Provident Fund;
(iv) Financing, budgeting and enforcing financial discipline;
(b) rules and orders in force immediately before the notified date relating to the tuition fees, admission of students including communal reservation, schemes of scholarship to the students belonging to Backward Classes, Most Backward Classes, Scheduled Castes and Scheduled Tribes and higher education to women students shall continue to be applicable in respect of constituent colleges.
(2) Subject to the provisions of sub-section (1), the University may, with the prior approval of the Government, make statutes providing for administrative and academic control over the persons referred to in sub-section (I).
4. Amendment of section 14.- In section 14 of the 2002 Act, in Chapter IX-A proposed to be inserted in the Bharathidasan University Act, 1981,-
(1) in the heading, the expression "Employees and Funds" shall be omitted;
(2) in section 46-A, for sub-section (2), the following sub-section shall be substituted, namely:-
"(2) On and from the notified date, the control and management of the constituent colleges shall stand transferred to the University. The Government may, at any time after the notified date, by order, transfer the properties of such constituent colleges to the University for its use, on such terms and conditions as may be specified in the order.".
(3) for sections 46-B and 46-C, the following section shall be substituted, namely:-
"46-B. Employees of constituent colleges to be employees of Government.- (1) Notwithstanding anything contained in section 46-A,-
(a) every person, who immediately before the notified date was serving in connection with the affairs of a constituent college, shall continue to be an employee of the Government and the rules and orders governing such employee immediately before the notified date in respect of the following matters shall continue to be applicable to him:-
(i) Disciplinary matters, estimate of vacancy, preparation of panel for promotion and promotion to different posts including posts of Joint Director of Collegiate Education and Director of Collegiate Education;
(ii) Pay, drawal of pay and allowances and pay drawing officers;
(iii) Age of retirement, terminal benefits including pension and General Provident Fund;
(iv) Financing, budgeting and enforcing financial discipline;
(b) rules and orders in force immediately before the notified date relating to the tuition fees, admission of students including communal reservation, schemes of scholarship to the students belonging to Backward Classes, Most Backward Classes, Scheduled Castes and Scheduled Tribes and higher education to women students shall continue to be applicable in respect of constituent colleges.
(2) Subject to the provisions of sub-section (1), the University may with the prior approval of the Government, make statutes providing for administrative and academic control over the persons referred to in sub-section (1).".
5. Amendment of section 31.- In section 31 of the 2002 Act, in Chapter X-A proposed to be inserted in the Alagappa University Act, 1985 (Tamil Nadu Act 23 of 1985),-
(1) in section 52-B, for sub-section (2), the following sub-section shall be substituted, namely.-
"(2) On and from the notified date, the control and management of the constituent colleges shall stand transferred to the University. The Government may, at any time after the notified date, by order, transfer the properties of such constituent colleges to the University for its use, on such terms and conditions as may be specified in the order.".
(2) in section 52-C,-
(a) for sub-section (1), the following sub-sections shall be substituted, namely:-
(1) Notwithstanding anything contained in section 52-A,-
(a) every person, who immediately before the notified date was serving in connection with the affairs of a constituent college, shall continue to be an employee of the Government and the rules and orders governing such employee immediately before the notified date in respect of the following matters shall continue to be applicable to him:-
(i) Disciplinary matters, estimate of vacancy, preparation of panel for promotion and promotion to different posts including posts of Joint Director of Collegiate Education and Director of Collegiate Education;
(ii) Pay, drawal of pay and allowances and pay drawing officers;
(iii) Age of retirement, terminal benefits including pension and General Provident Fund;
(iv) Financing, budgeting and enforcing financial discipline;
(b) rules and orders in force immediately before the notified date relating to the tuition fees, admission of students including communal reservation, schemes of scholarship to the students belonging to Backward Classes, Most Backward Classes, Scheduled Castes and Scheduled Tribes and higher education to women students shall continue to be applicable in respect of constituent colleges.
(1-A) Subject to the provisions of sub-section (1), the University may, with the prior approval of the Government, make statutes providing for administrative and academic control over the persons referred to in sub-section (1).".
(b) in sub-section (3),-
(i) for the expression "sub-sections (1) and (2)", the expression "sub-section (2)" shall be substituted;
(ii) for the expression "notified date or the date specified in the order under clause (a) of sub-section (2), as the case may be", the expression "date specified in the order under clause (a) of sub-section (2)" shall be substituted;
(c) in sub-section (4), for the expression "sub-sections (1) and (2)", the expression "sub-section (2)" shall be substituted;
(3) in section 52-D,-
(a) in sub-section (1), for the expression "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", the expression "The sums at the credit of the Provident Fund Accounts of the persons referred to in sub-section (2) of section 52-C" shall be substituted;
(b) in sub-section (2),-
(i) for the expression "Madurai-Kamaraj University or, of the Government", the expression "Madurai-Kamaraj University" shall be substituted;
(ii) for the expression "sub-sections (1) and (2) of section 52-C", the expression "sub-section (2) of section 52-C" shall be substituted.
6. Amendment of section 36.- In section 36 of the 2002 Act, in Chapter IX-A proposed to be inserted in the Manonmaniam Sundaranar University Act, 1990,-
(1) in the heading, the expression "Employees and Funds" shall be omitted:
(2) in section 46-A, for sub-section (2), the following sub-section shall be substituted, namely:-
"(2) On and from the notified date, the control and management of the constituent colleges shall stand transferred to the University. The Government may, at any time after the notified date by order, transfer the properties of such constituent colleges to the University for its use on such terms and conditions as may be specified in the order.".
(3) for sections 46-B and 46-C, the following section shall be substituted, namely:-
"46-B. Employees of constituent colleges to be employees of Government.- (1) Notwithstanding anything contained in section 46-A,-
(a) every person, who immediately before the notify date was serving in connection with the affairs of a constituent college, shall continue to be an employee of the Government and the rules and orders governing such employee immediately before the notified date in respect of the following matters shall continue to be applicable to him:-
(i) Disciplinary matters, estimate of vacancy, preparation of panel for promotion and promotion to different, posts including posts of Joint Director of Collegiate Education and Director of Collegiate Education;
(ii) Pay, drawal of pay and allowances and pay drawing officers;
(iii) Age of retirement, terminal benefits including pension and General Provident Fund;
(iv) Financing, budgeting and enforcing financial discipline:
(b) rules and orders in force immediately before the notified date relating to the tuition fees, admission of students including communal reservation, schemes of scholarship to the students belonging to Backward Classes, Most Backward Classes, Scheduled Castes and Scheduled Tribes and higher education to women students shall continue to be applicable in respect of constituent colleges.
(2) Subject to the provisions of sub-section (1), the University may, with the prior approval of the Government, make statutes providing for administrative and academic control over the persons referred to in sub-section (1).".
7. Amendment of section 39.- In section 39 of the 2002 Act, in Chapter IX-A proposed to be inserted in the Periyar University Act, 1997,-
(1) in the heading, the expression "Employees and Funds" shall be omitted;
(2) in section 47-A, for sub-section (2), the following sub-section shall he substituted, namely:-
"(2) On and from the notified date, the control and management of the constituent colleges shall stand transferred to the University. The Government may, at any time after the notified date, by order, transfer the properties of such constituent colleges to the University for its use, on such terms and conditions as may be specified in the order.".
(3) for sections 47-B and 47-C, the following section shall be substituted, namely:-
"47-B. Employees of constituent colleges to be employees of Government.- (1) Notwithstanding anything contained in section 47-A,-
(a) every person, who immediately before the notified date was serving in connection with the affairs of a constituent college, shall continue to be art employee of the Government and the rules and orders governing such employee immediately before the notified date in respect of the following matters shall continue to be applicable to him:-
(i) Disciplinary matters, estimate of vacancy, preparation of panel for promotion and promotion to different posts including posts of Joint Director of Collegiate Education and Director of Collegiate Education;
(ii) Pay, drawal of pay and allowances and pay drawing officers;
(iii) Age of retirement, terminal benefits including pension and General Provident Fund;
(iv) Financing, budgeting and enforcing financial discipline;
(b) rules and orders in force immediately before the notified date relating to the tuition fees, admission of students including communal reservation, schemes of scholarship to the students belonging to Backward Classes, Most Backward Classes, Scheduled Castes and Scheduled Tribes and higher education to women students shall continue to be applicable in respect of constituent colleges.
(2) Subject to the provisions of sub-section (1), the University may, with the prior approval of the Government, make statutes providing for administrative and academic control over the persons referred to in sub-section (1).".
PART-III
AMENDMENTS TO THE MOTHER TERESA WOMEN'S UNIVERSITY (AMENDMENT) ACT, 2002
8. Amendment of section 16.- In section 16 of the Mother Teresa Women's University (Amendment) Act, 2002, in Chapter VIII-A proposed to be inserted in the Mother Teresa Women's University Act, 1984,-
(1) in section 38-B, for sub-section (2), the following sub-section shall be substituted, namely:-
"(2) On and from the notified date, the control and management of the constituent colleges shall stand transferred to the University. The Government may, at any ??? after the notified date, by order, transfer the properties of such constituent colleges to the University for its use, on such terms and conditions as may be specified in the order.".
(2) in section 38-C -
(a) for sub-section (1), the following sub-sections shall be substituted, namely:-
"(1) Notwithstanding anything contained in section 38-B,-
(a) every person, who immediately before the notified date was serving in connection with the affairs of a constituent college, shall continue to be an employee of the Government and the rules and orders governing such employee immediately before the notified date in respect of the following matters shall continue to be applicable to him:-
(i) Disciplinary matters, estimate of vacancy, preparation of panel for promotion and promotion to different posts including posts of Joint Director of Collegiate Education and Director of Collegiate Education;
(ii) Pay, drawal of pay and allowances and pay drawing officers;
(iii) Age of retirement, terminal benefits including pension and General Provident Fund;
(iv) Financing, budgeting and enforcing financial discipline;
(b) rules and orders in force immediately before the notified relating to the tuition fees, admission of students including communal reservation schemes of scholarship to the students belonging to Backward Classes, Most Backward Classes, Scheduled Castes and Schedules Tribes and higher education to women students shall continue to be applicable in respect of constituent colleges.
(1-A) Subject to the provisions of sub-section (1), the University may, with the prior approval of the Government, make statutes providing for administrative and academic control over the persons referred to in sub-section (1).".
(b) in sub-section (3),-
(i) for the expression "sub-sections (1) and (2)", the expression "sub-section (2)" shall be substituted;
(ii) for the expression "notified date or the date specified in the order under clause (a) of sub-section (2), as the case may be", the expression "date specified in the order under clause (a) of sub-section (2)" shall be substituted;
(c) in sub-section (4), for the expression "sub-sections (1) and (2)", the expression "sub-section (2)" shall be substituted;
(3) in section 38-D,-
(a) in sub-section (1), for the expression "The sums at the credit of the Provident Fund Accounts of the persons referred to in sub-section (1) of section 38-C as on the notified date and or persons referred to in sub-section (2) of that section", the expression "The sums at the credit of the Provident Fund Accounts of the persons referred to in sub-section (2) of section 38-C" shall be substituted;
(b) in sub-section (2),-
(i) for the expression "Madurai-Kamaraj University or, of the Government", the expression "Madurai-Kamaraj University" shall be substituted;
(ii) for the expression "sub-sections (1) and (2) of section 38-C", the expression "sub-section (2) of section 38-C" shall be substituted.
9. Repeal and saving.- (1) The Tamil Nadu Universities Laws (Amendment) Amendment Ordinance, 2002 (Tamil Nadu Ordinance 10 of 2002) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the 2002 Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the 2002 Act, as amended by this Act.