Thiruvalluvar University Act, 2002*
| [Tamil Nadu Act No. 32 of 2002] | [26th August, 2002] |
An Act to provide for the establishment and incorporation of a University at Vellore
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 20th August, 2002 and published in the Tamil Nadu Government Gazette, Extraordinary, No. ???, dated August 26, 2002.
Chapter-I - Preliminary
CHAPTER I
Preliminary
1. Short title, extent, application and commencement.- (1) This Act may be called the Thiruvalluvar University Act, 2002.
(2) It extends to the area comprising the districts of Vellore, Thiruvannamalai, Villupuram and Cuddalore in the State of Tamil Nadu.
(3) It applies to all constituent colleges and institutions situate within the University area and maintained by, affiliated to, or approved by, the University in accordance with the provisions of this Act or the statutes, ordinances and regulations made thereunder and also to all colleges and institutions deemed to be affiliated to, or approved by, the University under this Act.
(4) This section and sections 2, 3, 4, 5, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 45, 53, 54, 55 and 65 shall come into force at once and the rest of this Act shall come into force on such date as the Government may, by notification, appoint.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) "affiliated college" means any college situate within the University area and affiliated to the University and providing courses of study for admission to the examinations for degrees of the University and includes a college deemed to be affiliated to the University under this Act;
(b) "approved college" means any college situate within the University area and approved by the University and providing courses of study for admission to the examinations for titles and diplomas of the University and includes a college deemed to be approved by the University under this Act;
(c) "autonomous college" means any college designated as an autonomous college by statutes;
(d) "college" means any college or any institution maintained or approved by, or affiliated to, the University and providing courses of study for admission to the examinations of the University;
(e) "constituent college" means every college and institution specified in the Schedule;
(f) "Government" means the State Government;
(g) "hostel" means a unit of residence for the students of the University maintained or recognised by the University in accordance with the provisions of this Act and includes a hostel deemed to be recognised by the University under this Act;
(h) "notified date" means the date specified in the notification issued under sub-section (4) of section 1;
(i) "post-graduate college" means a University college or an affiliated college situate within the University area and providing post-graduate courses of study leading upto the post-graduate degrees of the University;
(j) "prescribed" means prescribed by this Act or the statutes, ordinances or regulations;
(k) "Principal" means the head of a college;
(l) "Schedule" means the Schedule appended to this Act;
(m) "statutes", "ordinances" and "regulations" means, respectively the statutes, ordinances and regulations of the University made or continued in force under this Act;
(n) "teachers" means such Lecturers, Readers, Assistant Professors, Professors and other persons giving instruction, in University colleges or laboratories, in affiliated or approved colleges, or in hostels, and librarians as may be declared by the statutes to be teachers;
(o) "teachers of the University" means persons appointed by the University to give instruction on its behalf.
(p) "University" means the Thiruvalluvar University;
(q) "University area" means the area to which this Act extends under sub-section (2) of section 1;
(r) "University centre" means any area within the University area containing one or more departments or colleges competent to engage in higher teaching and research work;
(s) "University college" means a college located within or outside the University campus and established or maintained by the University for providing courses of study qualifying students for admission to the examination in accordance with the regulation prescribed;
(t) "University Grants Commission" means the commission established under section 4 of the University Grants Commission Act, 1956 (Central Act 30 of 1956);
(u) "University laboratory" means laboratory maintained by the University whether instituted by it or not, and intended for the carrying on and advancement of research work;
(v) "University Lecturer", "University Reader" or "University Professor" means a Lecturer, Reader or Professor, respectively, appointed or deemed to be appointed as such by the University;
(w) "University library" means a library maintained by the University, whether instituted by it or not.
Chapter-II - The University
CHAPTER II
The University
3. The University.- (1) There shall be established a University by the name "the Thiruvalluvar University".
(2) The University shall be a body corporate, shall have perpetual succession and a common seal and shall sue and be sued by the said name.
(3) The headquarters of the University shall be located within the limits of the Vellore Municipality or in any place within the radius of twenty-five kilometres around those limits.
4. Objects and powers of University.- The University shall have the following objects and powers, namely:-
(1) to institute, maintain and manage institutes of research for Dalits Art and Literature;
(2) to institute, maintain and manage training colleges exclusively for the members belonging to Backward Classes, Most Backward Classes, Denotified Communities, Scheduled Castes and Scheduled Tribes, performing arts;
(3) to establish artists, village for the artists belonging to Backward Classes, Most Backward Classes. Denotified Communities, Scheduled Castes and Scheduled ??? near Cholamandalam or Padappai in Kancheepuram district;
(4) to set up an archive to collect and preserve periodicals, journals, books, authorised by Scholars belonging to Backward Classes, Most Backward Classes, Denotified Communities, Scheduled Castes and Scheduled Tribes;
(5) to set up a publication bureau/publishing wing to publish literary works authored by persons belonging to Backward Classes, Most Backward Classes, Denotified Communities, Scheduled Castes and Scheduled Tribes;
(6) to provide for instruction and training in such branches of learning as it may determine;
(7) to provide for research and for the advancement and dissemination of knowledge with a focus on the economic and social upliftment of oppressed classes including Scheduled Castes, Scheduled Tribes, Most Backward Classes, Denotified Communities and Backward Classes;
(8) to institute degrees, titles, diplomas and other academic distinctions;
(9) to hold examinations and to confer degrees, titles, diplomas and other academic distinctions on persons who-
(a) shall have pursued an approved course of study in a University college or laboratory or in a constituent college or in an affiliated or approved college, unless exempted therefrom in the manner prescribed by the statutes and shall have passed the prescribed examinations of the University; or
(b) shall have carried on research under conditions prescribed;
(10) to confer degrees, titles, diplomas and other academic distinctions on persons who shall have pursued an approved course of study in an autonomous college;
(11) 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;
(12) to confer honorary degrees or other academic distinctions under conditions prescribed;
(13) to institute, maintain and manage institutes of research. University colleges and laboratories, libraries, museums and other institutions necessary to carryout the objects of the University;
(14) to affiliate colleges to the University as affiliaied, professional or post graduate colleges under conditions prescribed and to withdraw affiliation, from colleges:
Provided that no college shall be affiliated to 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;
(15) 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 institution shall be approved by the University unless the permission of the Government to establish such institution has been obtained and the terms and conditions, if any, of such permission have been complied with;
(16) to designate any college as an autonomous college with the concurrence of the Government, in the manner and under conditions prescribed and to cancel such designation;
(17) to institute lecturerships, readerships, professorships and any other teaching posts required by the University and to appoint persons to such lecturerships, readerships, professorships and other teaching posts;
(18) to institute and award fellowships, travelling fellowship?, scholarships, studentships, bursaries, exhibitions, medals and prizes in accordance with the statutes;
(19) to establish, maintain and ??? hostels, to recognise hostels not maintained by the University and to withdraw recognition therefrom;
(20) to exercise such control over the students of the University through the colleges, as will secure their health and well-being and discipline;
(21) to hold and manage endowments and other properties and funds of the University;
(22) to borrow money, with approval of the Government, on the security of the property of the University for the purpose of the University;
(23) to fix fees and to demand and receive such fees as may be prescribed;
(24) to make grants from the funds of the University for the maintenance of National Cadet Corps;.
(25) to institute and maintain a University Extension Board;
(26) to institute and provide funds for the maintenance of,-
(a) a publication bureau;
(b) an employment bureau;
(c) student's unions;
(d) University athletic clubs; and
(e) other similar associations;
(27) to encourage co-operation among the colleges, laboratories and institutes in the University area and co-operate with other Universities ind other authorities in such manner and for such purposes as the University may determine;
(28) generally to do all such other acts and things as may be necessary or desirable to further the objects of the University.
5. Colleges not to be affiliated to any other University and recognition of institutions by University.- (1) No college within the University area shall be affiliated to any University other than the Thiruvalluvar University.
(2) No institution affiliated to, or associated with, or maintained by any other University in the State of Tamil Nadu shall be recognised by the University for any purpose except with the prior approval of the Government and the University concerned.
6. Disqualification for membership.- (1) No person shall be qualified for nomination or election as a member of any of the authorities of the University, if, on the date of such nomination or election, he is,-
(a) of unsound mind or a deaf-mute; or
(b) an applicant to be adjudicated as an insolvent or an undischarged insolvent; or
(c) sentenced by a criminal court to imprisonment for any offence involving moral turpitude.
(2) In case of dispute or doubt as to whether a person is disqualified under sub-section (1), the Syndicate shall determine and its decision shall be final.
7. Restriction for election or nomination to Academic Council and Syndicate in certain cases.- (1) Notwithstanding anything contained in section 20, or 23 any person who has completed two terms of three years each, continuously in Syndicate or 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.
(2) Nothing contained in sub-section (1) shall have application in respect of-
(i) Ex-officio members referred to in section 20(1), but not including members of the Syndicate who are not otherwise members of the Academic Council referred to in item (u) of section 20(1).
(ii) Ex-officio members referred to in section 23(b).
8. Visitation.- (1) The Government 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 institution maintained, recognised 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. The Government shall in every case give notice to the University of his intention to cause such inspection or inquiry to be made and the University shall be entitled to be represented thereat.
(2) The Government shall communicate to the Syndicate his views with reference to the results of such inspection or inquiry and may, after ascertaining the opinion of the Syndicate hereon, advise the University upon the action to be taken and fix a time limit for taking such action.
(3) The syndicate shall report to the Government the action, if any, which is proposed to be taken or has been taken, upon the results of such inspection or inquiry. Such report shall be submitted within such time as the Government may direct.
(4) Where the Syndicate does not take action to the satisfaction of the Government within a reasonable time, the Government may, after considering any explanation furnished or representation made by the Syndicate, issue such directions as he may think fit and the Syndicate shall comply with such directions. In the event of the Syndicate not complying with such directions within such time as may be fixed in that behalf by the Government, the Government shall have power to appoint any person or body to comply with such directions and make such orders as may be necessary for the expenses thereof.
9. Officers of University.- The University shall consist of the following officers, namely:-
(1) The Chancellor;
(2) The Pro-Chancellor;
(3) The Vice-Chancellor;
(4) The Registrar;
(5) The Finance Officer;
(6) The Controller of Examinations; and
(7) Such other persons as may be declared by the statutes to be officers of the University.
10. The Chancellor.- (1) The 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 any convocation of the University and confer degrees, titles, diplomas or other academic distinctions upon persons entitled to receive them.
(2) Where power is conferred upon the Chancellor to nominate persons to the authorities, the Chancellor shall, in consultation with the Vice-Chancellor and to the extent necessary nominate persons to represent interests not otherwise adequately represented.
(3) The Chancellor may of his own motion or on application call for and examine the record of any officer or authority of the University in respect of any proceedings to satisfy himself as to the regularity of such proceedings or the correctness, legality or propriety of any decision taken or order passed therein and, if, in any case, it appears to the Chancellor that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, he may pass orders accordingly:
Provided that every application to the Chancellor for the exercise of the powers under this section shall be preferred within three months from the date on which the proceedings, decision or order to which the application relates was communicated to the applicant:
Provided further that no order prejudicial to any person shall be passed unless such person has been given an opportunity of making his representation.
(4) No honorary degree or other distinction shall be conferred by the University upon any person without the prior approval of the Chancellor.
(5) The Chancellor shall exercise such other powers and perform such other duties as may be conferred on him by or under this Act.
11. The Pro-Chancellor.- (1) The Minister-in-charge of the portfolio of Education in the State of Tamil Nadu shall be the Pro-Chancellor of the University.
(2) The Pro-Chancellor shall exercise such powers and perform such duties as may be conferred on him by or under this Act.
12. The Vice-Chancellor.- (1) Every appointment of the Vice-Chancellor shall be made by the Chancellor from out of a panel of three names recommended by the Committee referred to in sub-section (2). Such panel shall not contain the name of any member of the said Committee:
Provided that if the Chancellor does not approve any of the persons in the panel so recommended by the Committee, he may take steps to constitute another Committee in accordance with sub-section (2), to give a fresh panel of three different names and shall appoint one of the persons named in the fresh panel as Vice-Chancellor.
(2) For the purpose of sub-section (1), the Committee shall consist of three persons of whom one shall be nominated by the Chancellor, one shall be nominated by the Government and one shall be nominated by the Syndicate:
Provided that the person so nominated shall not be a member of any of the authorities of the University.
(3) The Vice-Chancellor shall hold office for a period of three years and shall not be eligible for a second term in the same University:
Provided that the Vice-Chancellor may, by writing under his hand addressed to the Chancellor and after giving two months' notice, resign his office:
Provided also that a person appointed as Vice-Chancellor shall retire from office if, during the term of his office or any extension thereof, he completes the age of sixty-five years.
(4) When any temporary vacancy occurs in the office of the Vice-Chancellor or when the Vice-Chancellor is, by reason of illness, absence or for any other reason, unable to exercise the powers and perform the duties of his office, the senior most Professor of the University shall exercise the powers and perform the duties of the Vice-Chancellor till the Syndicate makes the requisite arrangements for exercising the powers and performing the duties of the Vice-Chancellor.
(5) The Vice-Chancellor shall be a whole-time officer of the University and his emoluments and other terms and conditions of service shall be as follows:-
(a) There shall be paid to the Vice-Chancellor a fixed salary of Twenty-five thousand rupees per mensem or such higher salary as may be fixed by the Government from time to time and he shall be entitled, without payment of rent, to the use of a furnished residence throughout his term of office and no charge shall fall on the Vice-Chancellor personally in respect of the maintenance of such residence. He may be entitled to such other perquisites as may be provided in the statutes.
(b) The Vice-Chancellor shall be entitled to such terminal benefits and allowances as may be fixed by the Syndicate with the approval of the Chancellor from time to time:
Provided that, where an employee of-
(i) the University; or
(ii) any other University or college or institution maintained by, or affiliated to that University, is appointed as Vice-Chancellor, he shall be allowed to continue to contribute to the Provident Fund to which he is a subscriber and the contribution of the University shall be limited to what he had been contributing immediately before his appointment as Vice-Chancellor;
(c) The Vice-Chancellor shall be entitled to travelling allowances at such rates as may be fixed by the Syndicate;
(d) The Vice-Chancellor shall be entitled to earned leave on full pay at one eleventh of the periods spent by him on active service:
Provided that when the earned leave applied for by the Vice-Chancellor, in sufficient time before that date of expiry of the term of his office, is refused by the Chancellor in the interest of the University and if he does not avail of the leave before of the date of expiry of the term of his office, he shall be entitled to draw cash equivalent to leave salary after relinquishment of his office in respect of earned leave at credit subject to a maximum of two hundred and forty days:
Provided that such leave may be converted into leave on full pay to the extent to which he is entitled to earned leave under clause (d).
13. Powers and duties of Vice-Chancellor.- (1) The Vice-Chancellor shall be the academic head and the principal executive officer of the University and shall, in the absence of the Chancellor and the Pro-Chancellor, preside at any convocation of the University and confer degrees, titles, diplomas or other academic distinctions upon persons entitled to receive them. He shall be a member Ex-officio and Chairman of the Syndicate, Academic Council and the Finance Committee and shall be entitled to be present at, and to address, any meeting of any authority of the University but shall not be entitled to vote thereat, unless he is a member of the authority concerned.
(2) It shall be the duty of the Vice-Chancellor to ensure that the provisions of this Act, statutes, ordinances, and regulations are observed and carried out and he may exercise all powers necessary for this purpose.
(3) The Vice-Chancellor shall have power to convene meetings of the Academic Council, the Syndicate and the Finance Committee.
(4)(a) The Vice-Chancellor shall have power to take action on any matter and shall by order take such action as he may deem necessary but shall, as soon as may be, thereafter report the action taken to the officer or authority or body who or which would have ordinarily dealt with the matter:
Provided that no such order shall be passed unless the person likely to be affected has been given a reasonable opportunity of being heard;
(b) When the action taken by the Vice-Chancellor under this sub-section affects any person in the service of the University, such person shall be entitled to prefer an appeal to the Syndicate within thirty days from the date on which he has notice of such action. The Vice-Chancellor shall give effect to the order passed by the Syndicate on such appeal.
(5) The Vice-Chancellor shall give effect to the orders of the Syndicate regarding the appointment, suspension and dismissal of the teachers and other employees of the University and any other decision of the Syndicate.
(6) The Vice-Chancellor shall exercise control over the affairs of the University and shall be responsible for the due maintenance of discipline in the University.
(7) The Vice-Chancellor shall be responsible for the co-ordination and integration of teaching and research, extension education and curriculum development.
(8) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescribed by statutes.
14. The Registrar.- (1) The Registrar shall be a whole-time salaried officer of the University appointed by the Syndicate on the recommendation of the Vice-Chancellor. The qualifications and the method of recruitment shall be such as may be prescribed. The terms and conditions of service of the Registrar shall be as follows:-
(i) the holder of the post of Registrar shall be not lower in rank than that of the University Professor.
(ii) the Registrar shall hold office for a period of three years:
Provided that the Registrar shall retire on attaining the age of sixty years in the case of academician and fifty-eight years in the case of non-academician or on the expiry of the period specified in this clause, whichever is earlier;
(iii) the emoluments and other terms and conditions of service of the Registrar shall be such as may be prescribed;
(iv) when the office of the Registrar is vacant or when the Registrar is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office of the Registrar shall be performed by such person as the Vice-Chancellor may appoint for the purpose.
(2)(a) The Registrar shall have power to take disciplinary action against such of the employees, excluding teachers of the University and academic staff, as may be specified in the orders of the Syndicate and to suspend them pending inquiry, to administer warnings to them or to impose on them the penalty of censure or withholding of increments:
Provided that no such penalty shall be imposed unless the person concerned has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.
(b) An appeal shall lie to the Vice-Chancellor against any order of the Registrar imposing any of the penalties ??? in clause (a)
(c) In any case where the inquiry discloses that penalty beyond the powers of the Registrar is called for, the Registrar shall, upon conclusion of the inquiry, make a report to the Vice-Chancellor along with his recommendations:
Provided that an appeal shall lie to the Syndicate against an order of the Vice-Chancellor imposing any penalty.
(d) No appeal under clause (b) or clause (c) shall be preferred after the expiry of sixty days from the date on which the order appealed against was received by the appellant.
(3) The Registrar shall be the Ex-officio Secretary to the Syndicate, Academic Council, the Faculties and the Boards of Studies, but shall not be deemed to be a member of any of these authorities.
(4) It shall be the duty of the Registrar:-
(a) to be the custodian of the records, the common seal and such other property of the University as the Syndicate shall commit to his charge;
(b) to issue all notices convening meetings of the Academic Council, the Syndicate, the Faculties, the Boards of Studies, the Boards of Examiners and of any Committee appointed by the authorities of the University;
(c) to keep the minutes of all the proceedings of the meetings of the Academic Council, the Syndicate, the Faculties, the Boards of Studies, the Boards of Examiners and of any Committee appointed by the authorities of the University;
(d) to conduct the official correspondence of the Syndicate;
(e) to supply to the Chancellor, copies of the agenda of the meetings of the authorities of the University as soon as they are issued and the minutes of the proceedings of such meetings; and
(f) to exercise such other powers and perform such other duties as may be specified in the statutes, the ordinances or the regulations or as may be required, from time to time, by the Syndicate or the Vice-Chancellor.
(5) In all suits and other legal proceedings by or against the University, the pleadings shall be signed and verified by the Registrar and all processes in such suits and proceedings shall be issued to and served on, the Registrar.
15. The Finance Officer.- (1) The Finance Officer shall be a whole-time salaried officer of the University appointed by the Syndicate for such period as may be specified by the Syndicate in this behalf.
(2) Every, appointment of the Finance Officer shall be made by the Syndicate from out of a panel of three names of officers not below the rank of Joint Director of Local Fund Accounts recommended by the Government.
(3) The emoluments and other terms and conditions of service of the Finance Officer shall be such as may be prescribed by the ordinances.
(4) The Finance Officer shall retire on attaining the age of fifty-eight years or on the expiry of the period specified by the Syndicate under sub-section (1), whichever is earlier:
Provided that the Finance Officer shall, notwithstanding his attaining the age of fifty-eight years, continue in office until his successor is appointed and enters upon his office or until the expiry of a period of one year, whichever is earlier.
(5) When the office of the Finance Officer is vacant or when the Finance Officer is, by reason of illness, absence or any other cause, unable to perform the duties of his-office, the duties of the Finance Officer shall be performed by such person as the Vice-Chancellor may appoint for the purpose.
(6) The Finance Officer shall be the Ex-officio non-member Secretary to the Finance Committee.
(7) The Finance Officer shall,-
(a) exercise general supervision over the funds of the University and shall advise the University as regards its financial policy; and
(b) exercise such other powers and perform such other financial functions as may be assigned to him by the Syndicate or as may be prescribed by the statutes or the ordinances:
Provided that the Finance Officer shall not incur any expenditure or make any investment exceeding such amount as may be prescribed without the previous approval of the Syndicate.
(8) Subject to the control of the Syndicate, the Finance Officer shall,-
(a) hold and manage the property and investment on the University including trust and endowed property;
(b) ensure that the limits fixed by the Syndicate for recurring and nonrecurring expenditure for a year are not exceeded and that all moneys are expended on the purposes for which they are granted or allotted;
(c) be responsible for the preparation of annual accounts, financial estimates and the budget of the University and for their presentation to the Syndicate;
(d) keep a constant watch on the cash and bank balances and of investments;
(e) watch the progress of the collection of revenue and advise on the methods of collection employed;
(f) ensure that the registers of buildings, lands, furniture and equipments are maintained up-to-date, and that stock checking is conducted, of equipments and other consumable materials in all offices, special centres, specialised laboratories and colleges maintained by the University;
(g) bring to the notice of the Vice-Chancellor any unauthorised expenditure or other financial irregularity and suggest appropriate action to be taken against persons at fault; and
(h) call from any office, centre, laboratory and college maintained by the University, any information or returns that he may consider necessary for the performance of his duties.
(9) The receipt of the Finance Officer or of the person or persons duly authorised in this behalf by the Syndicate for any money payable to the University shall be sufficient discharge for payment of such money.
16. The Controller of Examinations.- (1) The Controller of Examinations shall be a whole-time officer of the University appointed by the Syndicate for such period and on such terms and conditions as may be perscribed.
(2) The Controller of Examinations shall exercise such powers and perform such duties as may be prescribed.
17. The authorities of University.- The authorities of the University shall be the Academic Council, the Syndicate, the Faculties, the Board of Studies, the Finance Committee, the Planning Board and such other authorities as may be declared by the statutes to be authorities of the University.
18. The Planning Board.- (1) There shall be constituted a Planning Board of the University which shall advise generally on the planning and development of the University and keep under review the standard of education and research in the University.
(2) The Planning Board shall consist of the following members, namely:-
(i) the Vice-Chancellor, who shall be the Ex-officio Chairman of the Board; and
(ii) not more than eight persons of high academic standing.
(3) The members of the Planning Board shall be appointed by the Chancellor and shall hold office such period as he may determine.
(4) The Planning Board shall, in addition to all other powers vested in it by this Act, have the right to advise the Syndicate and the Academic Council on any academic matter.
19. Vice-Chancellor and other officers, etc. to be public servants.- The Vice-Chancellor, the Registrar, the Finance Officer, the Controller of Examinations and other employees of the University shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860).
Chapter-III - The Academic Council, Powers and Functions
CHAPTER III
The Academic Council, Powers and Functions
20. The Academic Council.- (1) The Academic Council shall consist of the following members namely:-
(a) The Chancellor;
(b) The Pro-Chancellor;
(c) The Vice-Chancellor;
(d) All Deans of Faculties;
(e) University Librarian;
(f) University Physical Education Director;
(g) Five Principals of Constituent Colleges to be nominated by the Chancellor by rotation on the recommendation of the Vice-Chancellor.
(h) Fifteen members from among the Professors, Heads of Departments and other teachers of the University, nominated by the Chancellor on the recommendation of the Vice-Chancellor.
(i) Not more than ten Principals of affiliated colleges elected from among themselves in accordance with the system of proportional representation by means of the single transferable vote;
(j) Not more than ten teachers of affiliated and approved colleges other than Principals of affiliated colleges elected from among themselves in accordance with the system of proportional representation by means of the single transferable vote.
(k) Not more than ten Chairman of Boards of Studies to be nominated by rotation by the Vice-Chancellor;
(l) Five persons to be nominated by the Chancellor;
(m) Five persons to be nominated by the Pro-Chancellor;
(n) Two members of the Legislative Assembly to be elected from among themselves;
(o) Two Secretaries of private colleges to be elected from among themselves in accordance with the system of proportional representation by means of the single transferable vote;
(p) Two local body members in the University are to be nominated by the Pro-Chancellor;
(q) Two headmasters of higher secondary schools in the university area to be nominated by the Pro-Chancellor;
(r) Four members from private industries, research organisations and public sector undertakings to be nominated by the Chancellor on the recommendation of the Vice-Chancellor;
(s) Four persons from professional societies or institutions or bodies or associations to be nominated by the Chancellor on the recommendation of the Vice-Chancellor; and
(t) Two Alumini nominated by the Pro-Chancellor on the recommendation of the Vice-Chancellor; and
(u) Members of the Syndicate who are not otherwise members of the Academic Council:
Provided that in clauses (i) and (j) and (k), the exact number to be elected or nominated shall be as may be prescribed by the statutes:
Provided further that the nomination by the Chancellor may take into consideration the requirements of social justice and areas remaining unrepresented:
Provided also that any Chairman of a Board of Studies may be invited to attend a meeting if his special knowledge may be of relevance to the items for discussion at the meeting.
(2)(a) Save as otherwise provided, elected and nominated member of the Academic Council shall hold office for a period of three years and such member shall be eligible for election or nomination for not more than another period of three years.
(b) Where a member is elected or nominated to the Academic Council to a casual vacancy, the period of office held for not less than one year by any such member shall be construed as a full period of three years:
Provided that a member of the Academic Council who is elected or nominated in his capacity as a member of a particular electorate or body or the holder of a particular appointment, shall cease to be a member of the Academic Council from the date on which he ceases to be a member of that electorate or body or the holder of that appointment, as the case may be:
Provided further that where an elected or a nominated member of the Academic Council is appointed temporarily to any of the offices by virtue of which he is entitled to be a member of the Academic Council ex-officio, he shall, by notice in writing singed by him and communicated to the Vice-Chancellor within seven days from the date of his taking charge of his appointment, choose whether he will continue to be member of the Academic Council by virtue of his election or nomination or whether he will vacate office as such member and become a member Ex-officio by virtue of his appointment and the choice shall be conclusive. On failure to make such a choice, he shall be deemed to have vacated his office as an elected or a nominated member.
(3) When a person ceases to be a member of the Academic Council he shall cease to be a member of any of the authorities of the University of which he may happen to be a member by virtue of his membership of the Academic Council.
(4) The members of the Academic Council shall not be entitled to receive any remuneration from the University except such daily and travelling allowances as may be prescribed:
Provided that nothing contained in this sub-section shall preclude any member from drawing his normal emoluments to which he is entitled by virtue of the office he holds.
(5) A member of the Academic Council, other than an Ex-officio member, may tender resignation of his membership at any time before the term of his office expires. Such resignation shall be conveyed to the Chancellor by a letter in writing by the member and the resignation shall take effect from the date of its acceptance by the Chancellor.
21. Powers and functions of the Academic Council.- (1) The Academic Council shall be the principal academic body of the University and shall subject to the provisions of the Act and the statutes have the control and general regulations of teaching and examination in the University and be responsible for the maintenance of the standards thereon. In addition it shall also act as the body to review the broad policies and programmes of the University.
(2) The Academic Council shall have the following powers and function as the principal academic body of the university,-
(a) to exercise general control on teaching and other educational programmes and maintain and promote the standards thereof;
(b) to make regulations and amend or repeal the same;
(c) to make regulations-
(i) regarding the admission of students to the University and the number of students to be admitted;
(ii) regarding the courses of study leading to degrees, diplomas and other academic distinctions;
(iii) regarding the conduct of examinations and maintenance and promotion of standards of education;
(iv) prescribing equivalence of examinations degrees, diplomas and certificates of other Universities, Colleges, Institutions and Boards;
(v) regarding industrial training where such training forms part of the requirements for the degree; diploma or other academic distinctions; and
(vi) for the assessment, evaluation and grading of students performance;
(d) to advise the Syndicate on all academic matters including the control and management of libraries;
(e) to make recommendations to the Syndicate for the institution of Professorship, Readership, Lecturership and other teaching posts including posts in research and in regard to the duties and emoluments thereof;
(f) to formulate, modify or revise schemes for the constitution or reconstitution of departments of teaching and research;
(g) to make recommendations to the Syndicate regarding post graduate teaching and research;
(h) to make recommendation to the Syndicate regarding the qualifications to be prescribed for teachers;
(i) to make recommendations to the Syndicate for the conferment of honorary degrees or other distinctions;
(j) to review and act upon the proposals of Boards, of Studies in formulating rules, regulations, syllabi and methods of evaluation, introduction of new courses and modification of existing courses;
(k) to make recommendations to the Syndicate regarding institution of fellowship and scholarships.
(l) to recommend to the Syndicate measures for promoting collaboration between industries and Governmental employers on the one hand and the University on the other;
(m) to delegate to the Vice-Chancellor or to any of the committees of the Academic Council, any of its powers; and
(n) to assess and make recommendations laying down, standards of; accommodation, equipment, apparatus, library, maintenance and other physical facilities required for each faculty;
(3) Subject to the other provisions of this Act, the Academic Council in its capacity as a reviewing body shall have the following powers and functions, namely:-
(a) to review, from time to time, the broad policies and programmes for the University and to suggest measures for the improvement and development of the University;
(b) to advise the Chancellor in respect of any matter which may be referred, to it for advice; and
(c) to exercise such other powers and perform such other fractions as and be prescribed by the statutes.
22. Meetings of the Academic Council.- (1) The Academic Council shall meet at least twice in every year on dates to be fixed by the Vice-Chancellor. One of such meeting shall the called the ??? meeting. The Academic Council may also meet at such other times as it may, from time to time, determine.
(2) One third of the total strength of the members of the Academic Council shall be the quorum required for at meeting of the Academic Council:
Provided that such ??? shall not be required at convocation of the University, or a meeting of the Academic Council held for the purpose of conferring degrees, titles, diplomas or other academic distinctions.
(3) The Vice-Chancellor may whenever he thinks fit, and shall upon a requisitions in writing signed by not less than fifty per cent of the total members of the Academic Council, convene a special meeting of the Academic Council.
Chapter-IV - The Syndicate
CHAPTER IV
The Syndicate
23. The Syndicate.- (a) The Chancellor shall, as soon as may be, after he first Vice-Chancellor is appointed under section 53, constitute the Syndicate.
(b) The Syndicate shall consist of the following members, namely:-
(1) The Vice-Chancellor;
(2) Three Government Officials of whom one shall be the Director of the subject concerned and the others shall be not below the cadre of Special Secretary to Government to be nominated by the Government.
(3) Three eminent persons to be nominated by the Chancellor on the recommendation of the Vice-Chancellor:
Provided that the members nominated under item (2) and (3) are such persons who will guide the Vice-Chancellor in administrative, academic and financial matters including any issues connected with social justice and policies of the State Government.
(4) Two members elected by the Principals of the affiliated colleges from among themselves in accordance with the system of proportional representation by means of the single transferable vote;
(5) Two members elected by the teachers of affiliated colleges (other than Principals) from among themselves who are members of the Academic Council, in accordance with the system of proportional representation by means of the single transferable vote.
Explanation.- For the purpose of this item "teachers" shall mean those teachers elected to the Academic Council by the teachers of the affiliated colleges from among themselves;
(6) One Dean or Director nominated by the Chancellor on the recommendation of the Vice-Chancellor;
(7) One University Professor nominated by the Chancellor on the recommendation of the Vice-Chancellor;
(8) One University Reader nominated by the Vice-Chancellor by rotation according to seniority; and
(9) One University Lecturer nominated by the Vice-Chancellor according to seniority.
(c) The Vice-Chancellor shall be the ex-officio Chairman of the Syndicate.
(d)(i) 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 election or nomination for not more than another period of three years.
(ii) Where a member is elected or nominated to the Syndicate in a casual vacancy, the period of office held for not less than one year by any such member shall be construed as a full period of three years.
(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 renomination:
Provided that a member of the Syndicate who is elected or nominated in his capacity as a member of a particular electorate or body, or the holder of a particular appointment, shall cease to be a member of the Syndicate from the date on which he ceases to be, a member of that electorate or body or the holder of that appointment, as the case may be:
Provided further that where an elected or a nominated member of the Syndicate is appointed temporarily to any of the offices by virtue of which he is entitled to be a member of the Syndicate ex-officio, he shall, by notice in writing signed by him and communicated to the Vice-Chancellor within seven days from the date of his taking charge of his appointment, choose whether he will continue to be a member of the Syndicate by virtue of his election or nomination or whether he will vacate office as such member and become a member ex-officio by virtue of his appointment and the choice shall be conclusive. On failure to make such a choice, he shall be deemed to have vacated his office as an elected or a nominated member.
(e) When a person ceases to be a member of the Syndicate, he shall cease to be a member of any of the authorities of the University of which he may happen to be a member by virtue of his membership of the Syndicate.
(f) The members of the Syndicate shall not be entitled to receive any remuneration from the University except such daily and traveling allowances as may be prescribed:
Provided that nothing contained in this clause shall preclude any member from drawing his normal emoluments to which he is entitled by virtue of the office he holds.
(g) A member of the Syndicate other than Ex-officio member, may tender resignation of his membership at any time before the term of his office expires. Such resignation shall be conveyed to the Chancellor by a letter in writing by the member and the resignation shall take effect from the date of its acceptance by the Chancellor.
24. Powers of Syndicate.- (a) The Syndicate shall have the following powers, namely:-
(1) to make statutes and amend or repeal the statutes;
(2) to make ordinances and amend or repeal the same;
(3) to co-operate with other Universities, other academic authorities and colleges in such manner and for such purposes as it may determine;
(4) to provide for instruction and training in such branches of learning as it may think fit;
(5) to prescribe the conditions for approving colleges or institutions in which provision is made for the preparation of students for titles or diplomas of the University and to withdraw such approval;
(6) to provide for research and advancement and dissemination of knowledge;
(7) to institute lecturerships, readerships, professorships and any other teaching posts required by the University
(8) to prescribe the conditions for affiliating colleges to the University and to withdraw affiliation from colleges;
(9) 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;
(10) to provide such lectures and instructions for students of University colleges, colleges and approved colleges as the Academic Council may determine and also to provide for lectures and instructions to persons not being students of colleges and to grant diplomas to them;
(11) to institute degrees, titles, diplomas and other academic distinctions;
(12) to confer degrees, titles, diplomas and other academic distinctions on persons who-
(a) shall have pursued an approved course of study in University college or laboratory or in an affiliated or approved college or have been exempted therefrom in the manner prescribed and shall have passed the prescribed examinations of the University.
(b) shall have carried on research under conditions prescribed;
(13) to confer honorary degrees of academic distinctions on the recommendations of not less than two-thirds of the members of the Syndicate;
(14) to establish and maintain hostels;
(15) to institute fellowships, traveling fellowships, scholarships, studentships, bursaries, exhibitions, medals and prizes;
(16) to prescribe the fees to be charged, for the approval and affiliation of colleges, for admission to the examinations, degrees, titles and diplomas of the University, for the registration of graduates, for the renewal of such registration and for any of the purposes specified in section 4;
(17) to consider and take such actions as it may deem fit on the annual report, the annual accounts and the financial estimates;
(18) to institute a University Extension Board and to maintain it;
(19) to institute publication bureau, students' unions, employment bureau and University athletic clubs and to maintain them;
(20) to cater into any agreement with the Central or any State Government or with a private management for assuming the management of any institution and for taking over its properties and liabilities or for any other purposes not repugnant to the provisions of this Act;
(21) to makes statutes regulating the method of election to the authorities of the University and the procedure at the meeting of the Academic Council, Syndicate and other authorities of the University and the quorum of members required for the transaction of business by the authorities of the University other than the Academic Council;
(22) to recommend to the Government the recognition of an area within the University area as University Centre;
(23) to hold, control and administer the properties and funds of the University;
(24) to direct the form, custody and use of the common seal of the University;
(25) to regulate and determine all matters concerning the University in accordance with this Act, the statutes, the ordinances and the regulations;
(26) to administer all properties and funds placed at the disposal of the University for specific purposes;
(27)(a) to appoint the University Lecturers, University Readers, University Professors and the teachers of the University, fix their emoluments, if any, define their duties and the conditions of their services and provide for filling up of temporary vacancies;
(b) to make ordinances specifying the mode of appointment of administrative and other similar posts and fix their emoluments, if any, define their duties and the conditions of their services and provide for filling up of temporary vacancies;
(28) to suspend and dismiss the University Lecturers. University Readers. ??? and the numbers and other ??? of the University.
(29) to accept on behalf of the University endow ??? bequests, donations grants and transfers of any movable and immovable properties made to it:
Provided that all such endowments, bequests, donations, grants and transfers shall be reported to the Academic Council at its next meeting;
(30)(i) to raise, on behalf of the University, loans from the Central or any State Government or the public or any corporation owned or controlled by the Central or any State Government.
(ii) to borrow money, with the approval of the Government on the security of the property of the University for the purposes of the University;
(31) to affiliate colleges within the University area to the University and to recognise colleges as approved colleges;
(32) to designate any college as an autonomous college with the concurrence of the Government and to cancel such designation;
(33) to recognise hostels not maintained by the University and to suspend or withdraw recognition of any hostel which is not conducted in accordance with the ordinances and the conditions imposed thereunder;
(34) to arrange for and direct the inspection of all University colleges, affiliated and approved colleges and hostels;
(35) to prescribe the qualification of teachers in University, constituent colleges, affiliated and approved colleges and hostels;
(36) to award fellowships, travelling fellowships, scholarships, studentships, bursaries, exhibitions, medals and prizes in accordance with the statutes;
(37) to charge and collect such fees as may be prescribed;
(38) to conduct the University examinations and approve and publish the results thereof;
(39) to make ordinances regarding the admission of students to the University or prescribing examinations to be recognised as equivalent to University examinations;
(40) to appoint members to the Boards of Studies;
(41)(i) to appoint examiners, after consideration of the recommendations of the Boards of Studies; and
(ii) to fix their remuneration;
(42) to supervise and control the residence and discipline of the students of the University and make arrangements through the colleges for securing their health and well-being;
(43) to institute and manage University Centers, University Colleges and laboratories, libraries, museums, institutes of research and other institutions established or maintained by the University;
(44) to manage hostels instituted by the University;
(45) to regulate the working of the University Extension Board;
(46) to manage any publication bureau, students' unions, employment bureau and University athletic clubs instituted by the University;
(47) to review the instruction and teaching of the University;
(48) to promote research within the University and to require reports, from time to time, of such research;
(49) to exercise such other powers and perform such other duties as may be conferred or imposed on it by this Act or the statutes, ordinances or regulations; and
(50) to delegate any of its powers to the Vice-Chancellor, to a Committee from among its own members or to a Committee appointed in accordance with the statutes;
(b) The Syndicate may consult the Academic Council in respect of any academic matter, where it considers such consultation is necessary.
25. Meetings of the Syndicate.- (1) The Syndicate shall meet at such time and places and shall, subject to the provisions of sub-sections (2) and (3), observe such rules of procedure in regard to transaction of business at its meetings including the quorum at meetings as may be prescribed:
Provided that the Syndicate shall meet at least once in every three months.
(2) The Vice-Chancellor, or in his absence any member chosen by the members present, shall preside at a meeting of the Syndicate.
(3) All questions at any meeting of the Syndicate shall be decided by a majority of the votes of the members present and voting and in the case of an equality of votes, the Vice-Chancellor or the member presiding, as the case may be, shall have and exercise a second or casting vote.
(4)(a) The Syndicate may, for the purpose of consultation, invite any person having special knowledge or practical experience in any subject under consideration to attend to any meeting. Such person may speak in, and otherwise take part in, the proceedings of such meeting but shall not be entitled to vote.
(b) The person so invited shall be entitled to such daily and the veiling allowances as are admissible to a member of the Syndicate.
26. Annual Report.- The annual report of the University shall be prepared by the Syndicate and shall be submitted to the Academic Council on or before such date as may be prescribed by the statutes and shall be considered by the Academic Council at its next annual meeting. The Academic Council may pass resolutions thereon and communicate the same to the Syndicate, which shall take action in accordance therewith. The Syndicate shall inform the Academic Council of the action taken by it. A copy of the report with a copy of the resolutions thereon, if any, of the Academic Council shall be submitted to the Government for information.
27. Annual Accounts.- (1) The annual accounts of the University shall be submitted to such examination and audit as the Government may direct and a copy of the annual accounts and audit report shall be submitted to the Government.
(2) The university shall settle objections raised in such audit and carry out such instructions as may be issued by the Government on the audit report.
(3) The accounts, when audited, shall be published by the Syndicate in such manner as may be prescribed by the ordinances and copies thereof shall be submitted to the Academic Council at its next meeting and the Government within three months of such publication.
(4) The Government shall cause the audited annual accounts and annual report to be laid before the Legislative Assembly together with their comments.
Chapter-V - The Faculties, the Boards of Studies, the Finance Committee and other Authorities
CHAPTER V
The Faculties, the Boards of Studies, the Finance Committee and other Authorities
28. Constitution and functions of faculties.- (1) The University having regard to the objectives and its functions, may constitute such faculties as may be prescribed by statutes.
(2) The constitution, and function of the faculties shall, in all other respects, be such as may be prescribed by the statutes.
(3) Each faculty shall comprise such, departments of teaching as may be prescribed in the statutes.
29. The Boards of Studies.- There shall be Boards of Studies attached to each department of teaching. The constitution and powers of the Boards of Studies shall be such as may be prescribed by the ordinances.
30. Constitution of other authorities.- The constitution and powers of such other bodies as may be declared by the statutes to be authorities of the University shall be such as may be prescribed.
31. Finance Committee.- (1) The Finance Committee shall consist of the following members, namely:-
(i) The Vice-Chancellor;
(ii) The Secretary to Government in-charge of Finance;
(iii) The Secretary to Government in-charge of Higher Education;
(iv) Three members nominated by the Syndicate from among its members of whom one shall be Professor and one shall be a person nominated to the Syndicate by the Chancellor.
(2) The Registrar shall be a special invitee to the meeting of the Finance Committee.
(3) The Vice-Chancellor shall be the Ex-officio Chairman of, and the Finance Officer shall be the Ex-officio Secretary to, the Finance Committee.
(4) All the members of the Finance Committee, other than the Ex-officio members, shall hold office for a period of three years.
(5) The Finance Committee shall meet at least twice in every year to examine the accounts and to scrutinise proposals for expenditure.
(6) The annual accounts of the University prepared by the Finance Officer shall be laid before the Finance Committee for consideration and comments and thereafter submitted to the Syndicate for approval.
(7) The Finance Committee shall recommend limits for the total recurring expenditure and the total non-recurring expenditure for the year based on the income and resources of the University which, in the case of productive works, may include the proceeds of loans.
(8) The Finance Committee shall-
(a) review the financial position of the University from time to time;
(b) make recommendations to the Syndicate on every proposal involving investment or expenditure for which no provision has been made in the annual financial estimates or which involves expenditure in excess of the amount provided for in the annual financial estimates;
(c) prescribe the methods ands procedure and forms for maintaining the accounts of the University and Colleges;
(d) make recommendations to the Syndicate on all matters relating to the finances of the University; and
(e) perform such other function as may be prescribed.
(9) The financial estimates of the University prepared by the Finance Officer shall be laid before the Finance Committee for consideration and comments. The said estimates, as modified by the Finance Committee, shall then be laid before the Syndicate for consideration. The Syndicate may accept the modification made by the Finance Committee.
Chapter-VI - Statutes, Ordinances and Regulations
CHAPTER VI
Statutes, Ordinances and Regulations
32. Statutes.- Subject to the provisions of this Act, the statutes may provide for all or any of the following matters, namely:-
(i) the holding of convocation to confer degrees;
(ii) the conferment of honorary degrees and academic distinctions;
(iii) the constitution, powers and functions of the authorities of the University;
(iv) the manner of filling vacancies among members of the authorities;
(v) the allowances to be paid to the members of the authorities and committees thereof;
(vi) the procedure at meetings of the authorities including the quorum for the transactions of business at such meetings;
(vii) the authentication of the orders of decisions of the authorities;
(viii) the formation of departments of teaching at the University and the University colleges;
(ix) the term of office and methods of appointment and conditions of service of the officers of the University other than the Chancellor and the Pro-Chancellor;
(x) the qualifications of the teachers and other persons employed by the University;
(xi) the classification, the method of appointment and determination of the terms and conditions of service of teachers and other persons employed by the University;
(xii) the institution of pension, gratuity, insurance or provident fund for the benefit of the officers, teachers and other persons employed by the University;
(xiii) the institution of fellowships, travelling fellowships, scholarships, studentships, bursaries, exhibitions, medals and prizes and the conditions of award thereof;
(xiv) the establishment and maintenance of halls, hostels and laboratories;
(xv) the conditions for residence of students of the University in the halls and hostels and the levy of fees and other charges for such residence;
(xvi) the conditions of registration of graduates and the maintenance of register thereof;
(xvii) the conditions of recognition of approved colleges and of affiliation to the University of affiliated colleges;
(xviii) 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 Academic Council. Staff Council, Boards of Studies and Boards of Examiners;
(xix) the delegation of powers vested in the authorities or officers of the University; and
(xx) any other matter which is required to be or may be prescribed by the statutes.
33. Statutes, how made.- (1) The Syndicate may, from time to time, make statutes and amend or repeal the statutes in the manner hereafter provided in this section.
(2) The Academic Council may propose to the Syndicate the draft of any statute or of any amendment to or of repeal of, a statute to be passed by the Syndicate and such draft shall be considered by the Syndicate at its next meeting:
Provided that the Academic Council shall not propose the draft of any statute or of any amendment to, or of repeal of, a statute relating to matters other than academic affairs.
(3) The Syndicate may consider the draft proposed by the Academic Council under sub-section (2) and may either pass the draft or reject or return it with or without amendments to the Academic Council for reconsideration.
(4)(a) Any member of the Syndicate may propose to the Syndicate the draft of a statute or of any amendment to, or of repeal of, a statute and the Syndicate may either accept or reject the draft, if it relates to a matter not falling within the purview of the Academic Council.
(b) In case such draft relates to a matter within the purview of the Academic Council, the Syndicate shall refer it for consideration to the Academic Council, which may either report to the Syndicate that it does not approve the draft or submit the draft to the Syndicate in such form as the Academic Council may approve and the Syndicate may either pass without amendment or reject the draft.
(5) A statute or an amendment to or repeal of, a statute passed by the Syndicate shall be submitted to the Chancellor who may assent thereto or withhold his assent. A statute or an amendment to or repeal of, a statute passed by the Syndicate shall have no validity until it has been assented to by the Chancellor.
34. Ordinances.- Subject to the provisions of this Act and the statutes, the ordinances may provide for all or any of the following matters, namely:-
(i) the admission of students to the University and its approved or affiliated colleges and the levy of fees in University colleges and laboratories;
(ii) the courses of study leading to all degrees, titles, diplomas and other academic distinctions of the University;
(iii) the conditions of residence of students of the University and the levy of fees for residence in hostels maintained by the University;
(iv) the conditions of recognition of hostels not maintained by the University;
(v) the conditions under which the students shall be admitted to the courses of study leading to degrees, titles, diplomas and other academic distinctions of the University;
(vi) the conduct of examinations of the University and the conditions on which students shall be admitted to examinations;
(vii) the manner in which exemption relating to the admission of students to examinations may be given;
(viii) the conditions and mode of appointment and duties of examining bodies and examiners;
(ix) the maintenance of discipline among the students of the University;
(x) the fees to be charged for courses of study, research, experiment and practical training and for admissions to the examinations for degrees, titles, diplomas and other academic distinction of the University;
(xi) the qualifications and emoluments of teachers of the University;
(xii) the conditions subject to which persons who may hereafter be permanently employed may be recognised as qualified to give instruction in constituent colleges, affiliated colleges and approved colleges and hostels; and
(xiii) any other matter which by this Act or the statutes is required to be or may be prescribed by the ordinances.
35. Ordinances, how made.- (1) Save as otherwise provided in this section, ordinances shall be made by the Academic Council.
(2) All ordinances made by the Academic Council shall have effect from such date as may be fixed by the Academic Council, but every ordinance so made shall be submitted as soon may be after it is made to the Syndicate and shall be considered by the Syndicate at its next meeting.
(3) The Syndicate shall have power by a resolution passed by a majority of not less than two-thirds of the members present at such meeting, to modify or cancel any such ordinance and such ordinance shall from the date of such resolution have effect in such modified from or be of no such effect as the case may be.
36. Regulations, how made.- (1) The Syndicate anti the Academic Council may make regulations consistent with the provisions of this Act, the statutes and the ordinances, for all or any of the matters, which by this Act and the statutes and ordinances are to be provided for by regulations and also for any other matter solely concerning such authorities.
(2) All such regulations shall have effect from such date as the Syndicate or the Academic Council, as the case may be, may appoint in that behalf.
(3) Each of the authorities referred to in sub-section (1) shall make regulations providing for the giving of notice to the members thereof of the date of meeting and of the business to be considered at the meeting and for the keeping of the proceedings of the meetings.
(4) The Syndicate may direct the amendment in such manner as it may specify, of any regulation made under this section or the annulment of any regulation made thereunder by itself or by the Academic Council.
Chapter-VII - Admission and Residence of Students
CHAPTER VII
Admission and Residence of Students
37. Admission to University courses.- (1) The University shall, subject to the provisions of this Act and the statutes, be open to all persons:
provided that special efforts shall be taken to encourage the oppressed classes, viz. Backward Communities, Most Backward Communities, Denotified Communities Scheduled, Castes and Scheduled Tribes.
(2) Nothing contained in sub-section (1) shall require the University-
(a) to admit to any course of study any person who does not possess the prescribed academic qualification or standard;
(b) to retain on the rolls of the University any student whose academic record is below the minimum standard required for the award of a degree, diploma or other academic distinction; or
(c) to admit any person or retain any student whose conduct is prejudicial to the interests of the University or the rights and privileges of other students and teachers.
(3) Every candidate for a University examination shall, unless exempted from the provisions of this sub-section by a special order of the Syndicate made on the recommendation of the Academic Council, be enrolled as a member of a University college or laboratory or of a constituent college or an affiliated college or approved college. Any such exemption may be made subject to such conditions as the Syndicate may think fit.
(4) Students exempted from the provisions of sub-section (2) and students admitted in accordance with the conditions prescribed, to courses of study other than courses of study for a degree shall be non-Collegiate students of the University.
38. Admission to University examinations.- No candidate shall be admitted to any University examination unless he is enrolled as a member of University college or laboratory or of a constituent college or an affiliated college or approved college and has satisfied the requirements as to the attendance required under the regulations for the same or unless he is exempted from such requirements of enrolment or attendance or both by an order of the Syndicate passed on the recommendation of the Academic Council made under the regulations prescribed. Exemptions granted under this section shall be subject to such conditions as the Syndicate may think fit.
39. Attendance qualifying for University examinations.- No attendance at instruction given in any college or institution, other than that established and maintained by, affiliated to, or approved by, the University shall qualify for admission to any examination of the University.
40. Residence and hostels.- Every student of the University other than a non-collegiate student shall be required to reside in a hostel or under such other conditions as may be prescribed.
Chapter-VIII - University Funds
CHAPTER VIII
University Funds
41. General Funds.- The University shall have a General Fund to which shall be credited-
(a) its income from fees, grants, donations and gifts, if any;
(b) any contribution or grant made by the Central Government, any State Government, the University Grants Commission or like authority, any local authority or any corporation owned or controlled by the Government; and
(c) endowments and other receipts.
Chapter-IX - Conditions of Service
CHAPTER IX
Conditions of Service
42. Pension, gratuity, etc.- (1) The University shall institute for the benefit of its officers, teacher and other persons employed by the University, such pension, gratuity insurance and provident fund as it may deem fit, in such manner and subject to such conditions, as may be prescribed.
(2) Where the University as so instituted a provident fund under sub-section (1), the Government may declare that the provisions of the Provident, Fund Act, 1925 (Central Act XIX of 1925) shall apply to such funds as if the University where a local authority and the fund a Government Provident Fund.
(3) The University may, in consultation with the Finance Committee, invest the provident fund amount in such manner as it may determine.
43. Conditions of service.- Subject to the provisions of this Act, the appointment, procedure for selection, pay and allowances and other conditions of service of officers, teachers and other persons employed in the University shall be such as may be prescribed.
Explanation.- For the purposes of this section, the word "officers" shall not include the Chancellor and the Pro-Chancellor.
44. Selection Committees.- (1) There shall be Selection Committees for making recommendations to the Syndicate for appointment to the posts of Professor, Assistant Professor, Reader, Lecturer and Librarian of Institutions maintained by the University.
(2) The Selection Committee for appointment to the posts specified in sub-section (1) shall consist of the Vice-Chancellor, a nominee of the Chancellor, a nominee of the Government and such other persons as may be prescribed:
Provided that selection of such appointment by the Selection Committee shall be made in accordance with the guidelines that may be issued by the University Grants Commission or other agencies concerned in relation to such appointment.
(3) The Vice-Chancellor shall preside at the meetings of a Selection Committee.
(4) The meetings of a Selection Committee shall be convened by the Vice-Chancellor.
(5) The procedure to be followed by a Selection Committee in making recommendations shall be laid down in the ordinances.
(6) If the Syndicate is unable to accept the recommendations made by a Selection Committee, it shall record its reasons and submit the case to the Chancellor for final orders.
(7) Appointments to temporary posts shall be made in the manner indicated below,-
(i) If the temporary vacancy is for a duration longer than one academic session, it shall be filled on the advice the Selection Committee in accordance with the procedure indicated in the foregoing provisions:
Provided that if the Vice-Chancellor is satisfied that in the interest of work it is necessary to fill the vacancy, the appointment may be made on a temporary basis by a local Selection Committee referred to in sub-clause (ii) for a period not exceeding six months;
(ii) If the temporary vacancy is for a period less than a year, appointment to such vacancy shall be made on the recommendation of a local Selection Committee consisting of the Dean of the Faculty concerned, the Head of the Department and a nominee of the Vice-Chancellor:
Provided that if the same person holds the offices of the Dean and the Head of the Department, the Selection Committee may consist of two nominees of the Vice-Chancellor:
Provided further that in case of casual vacancies in teaching posts caused by death or any other reason, the Dean may, in consultation with the Head of the Department concerned, make a temporary appointment for a month and report to the Vice-Chancellor and the Registrar about such appointment;
(iii) No teacher appointed temporarily shall, if he is not recommended by a regular Selection Committee for appointment under this Act, be continued in service on such temporary employment unless he is subsequently selected by a local Selection Committee or a regular Selection Committee, for a temporary or a permanent appointment, as the case may be.
45. Terms and conditions of service of Heads of Departments.- (1) Each Department of the University shall have a Head who shall be a Professor or Director and whose duties and functions and terms and conditions of appointment shall be prescribed by the ordinances:
Provided that if there is more than one Professor in any Department, the Head of the Department shall be appointed in the manner prescribed by the ordinances:
Provided further that in a department where there is no Professor, an Assistant Professor or a Reader may be appointed as Head of the Department in the manner prescribed by the ordinances.
(2) It shall be open to a Professor or an Assistant Professor or a Reader to decline the offer of appointment as Head of the Department.
(3) A person appointed as Head of the Department shall hold office as such for a period of three years and shall be eligible for re-appointment.
(4) A Head of the Department may resign his office at any time during his tenure of office.
(5) A Head of the Department shall perform such functions as may be prescribed by the ordinances.
46. Deans of Faculties.- (1) Every Dean of Faculties shall be appointed by the Vice-Chancellor from among the Professors in the Faculty for a period of three years and he shall be eligible for re-appointment:
Provided that a Dean on attaining the age of sixty years shall cease to hold office as such:
Provided further that, if at any time there is no Professor in a Faculty, the Vice-Chancellor shall exercise the powers of the Dean of the Faculty.
(2) When the office of the Dean is vacant or when the Dean is by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of his office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.
(3) The Dean shall be the Head of the Faculty and shall be responsible for the conduct and maintenance of the standards of teaching and research in the Faculty. The Dean shall have such other functions as may be prescribed by the ordinances.
(4) The Dean shall have the right to be present and to speak at any meeting of the Boards of Studies or Committees of the Faculty as the case may be, but shall not have the right to vote thereat unless he is a member thereof.
Chapter-X - Miscellaneous
CHAPTER X
Miscellaneous
47. Filling of casual vacancies.- All casual vacancies among the members (other than Ex-Officio members) of any authority or other body of the University shall be filled as soon as conveniently may be, by the person or body, who or which, nominated or elected the member whose place has become vacant and the person nominated or elected to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member:
Provided that vacancies arising by efflux of time among elected members, of any authority or other body of the University may be filled at lections which may be fixed by the Vice-Chancellor to take place on such days not earlier than two months from the date on which the vacancies arise, as he thinks fit:
Provided further that no casual vacancy shall be filled if such vacancy occurs within six months before the date of the expiry of the term of the members of any authority or other body of the University.
48. Proceedings of the University authority and bodies not invalidated by vacancies.- No act or proceeding of any authority or other body of the University shall be invalidated merely by reason of the existence of any vacancy or of any defect or irregularity in the election or appointment of a member of any authority or other body of the University or of any defect or irregularity in such act or proceeding not affecting the merits of the case or on the ground only that the Academic Council did not meet twice in any year.
49. Removal from membership of University.- (1) The Syndicate may remove by an order in writing made in this behalf any person from membership of any authority of the University by a resolution passed by a majority of the total membership of the Syndicate and by a majority of not less than two-thirds of the members of the Syndicate present and voting at the meeting, if such person has been convicted by a criminal court for an offence which in the opinion of the Syndicate involves moral turpitude or if he has been guilty of gross misconduct and for the same reason, the Syndicate may withdraw any degree or diploma conferred on or granted to that person by the University.
(2) The Syndicate may also by an order in writing made in this behalf remove any person from the membership of any authority of the University if he becomes of unsound mind or deaf-mute or has applied to be adjudicated or has been adjudicated, as an insolvent.
(3) No action under this section shall be taken against any person unless he has been given a reasonable opportunity to show cause against the action proposed to be taken.
(4) A copy of every order passed under sub-section (1) or sub-section (2) as the case may be, shall, as soon as may be after it is so passed, be communicated to the person concerned in the manner prescribed by regulations.
50. Disputes as to constitution of University authorities and bodies.- If any questions arises whether any person has been duly elected or nominated as, or is entitled to be, a member of any authority of the University or other body of the University, the question shall be referred to the Chancellor whose decision the on shall be final.
51. Constitution of committees.- All the authorities of the University shall have power to constitute or reconstitute committees and to delegate to them such of their powers as they deem fit. Such committees shall, save as otherwise provided, consist of members of the authority Concerned and of such other persons, if any, as the authority in each case may think fit.
52. Power to obtain information.- Notwithstanding anything contained in this Act, or in any other law for the time being in force, the Government may, by order in writing, call for any information from the University or any matter relating to the affairs of the University and the University shall, if such information, available with it, furnish the Government with, such information within a reasonable period:
Provided that in the case of information which the University considers confidential, the University may place the same before the Chancellor and Pro-Chancellor.
53. Appointment of first Vice-Chancellor.- Notwithstanding anything contained in sub-section (1) of section 12, within three months from the date of publication of this Act in the Tamil Nadu Government Gazette, the first Vice-Chancellor shall be appointed by the Government on a salary to be fixed by them for a period not exceeding three years and on such other conditions as they think fit:
Provided that a person appointed as first Vice-Chancellor shall retire from office if, during the term of his office, he completes the age of sixty-five years.
54. Appointment of first Registrar.- Notwithstanding anything contained in sub-section (1) of section 14, within three months from the date of publication of this Act in the Tamil Nadu Government Gazette, the first Registrar shall be appointed by the Government on a salary to be fixed by them for a period not exceeding three years and on such conditions as they think fit:
Provided that the person appointed as first Registrar shall retire from office if, during the term of his office, he completes the age of sixty years in case of Academicians and fifty-eight years in case of Non-Academician.
55. Transitory powers of first Vice-Chancellor.- (1) It shall be the duty of the Vice-Chancellor to make arrangements for constituting the Syndicate and the Academic Council and such other authorities of the University within six months after the notified date or such longer period, not exceeding one year as the Government may, by notification, direct.
(2) The first Vice-Chancellor shall, in consultation with the Government, make such rules as may be necessary for the functioning of the University.
(3) The authorities constituted under sub-section (1) shall commence to exercise their functions on such date as the Government may, by notification, specify in this behalf.
(4) It shall be the duty of the first Vice-Chancellor to draft such statutes, ordinances and regulations as may be necessary and submit them to the respective authorities competent to deal with them for their disposal. Such statutes, ordinances and regulations, when framed, shall be published in the Tamil Nadu Government Gazette.
(5) Notwithstanding anything contained in this Act and the statutes and until such time an authority is duly constituted, the first Vice-Chancellor may appoint any officer or constitute any committee temporarily to exercise and perform any of the powers and duties of such authority under this Act and the statutes.
56. Transfer of certain colleges to University.- (1) Notwithstanding anything contained in the Chennai University Act, 1923 (Central Act ??? of 1923) or the statutes, ordinances, regulations and orders made thereunder, on and from the notified date, the colleges specified in, the Schedule shall be transferred to, and maintained by, the Thiruvalluvar University as constituent colleges of the University.
(2) On and from the notified date, the control and management of the colleges specified in sub-section (1) and all properties, assets and liabilities of the Government in relation thereto shall stand transferred to and vest in the University.
57. Transfer of service of, employees of, constituent colleges to University.- (1) Every person, who immediately before the notified date, is serving in connection with the affairs of the college specified in the Schedule shall, from the said date, becomes an employee of the University and shall cease to be an employee of the Government:
Provided that the non teaching staff serving in the constituent colleges referred to in sub-section (1) shall be given option to be exercised.
(2) Every person referred to in sub-section (1) shall hold office under the University by the same tenure at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension or gratuity, if any, and other matters as he would have hold the same on the notified date as if this Act 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 University.
58. Transfer of service of certain employees of Chennai University to the University.- (1) Every person who, immediately before the notified date, is serving in connection with the affairs of the Chennai University in the University Centre at Vellore shall from the said date, becomes an employee of the Thiruvalluvar University and shall cease to be an employee of the Chennai University.
(2)(a) As soon as may be, after the notified date, the Government may after consulting the Vice-Chancellor of the Chennai University and the Thiruvalluvar University, direct by general or special order that such of the employees of the Chennai University as are specified in such order shall stand allotted to serve in connection with the affairs of the Thiruvalluvar University, with on and from such date as may be specified in such order:
Provided that no such direction shall be issued in respect of any such person without his consent for such allotment.
(b) With effect on and from the date specified in the order under clause (a), the persons specified in such order shall become employees of the Thiruvalluvar University and shall cease to be employees of the Chennai University.
(3) Every person referred to in sub-section (1) or sub-section (2) shall hold office under the Thiruvalluvar University by the same tenure, at the same remuneration and upon the same terms end conditions and with the same rights and privileges as to pension or gratuity, if any, and other matters as he would have held the same on the notified date or the date specified in the order under sub-section (2) as the case may be, as if this Act had not been passed.
(4) The liability to pay pension and gratuity to the persons referred to in sub-sections (1) and (2) shall be the liability of the Thiruvalluvar University.
59. Transfer of accumulations in provident fund and other like funds.- The sums at the credit of the provident fund accounts of the persons referred to in sub-section (1) of section 57 and of the persons referred to in sub-section (1) of section 58 as on the notified date and of the persons referred to in sub-section (2) of section 58 as on the date specified in the order under clause (a) of the said sub-section (2) shall be transferred to the Thiruvalluvar University and the liability in respect of the said provident fund accounts shall be the liability of the Thiruvalluvar University.
(2) There shall be paid to the Thiruvalluvar University out of the accumulations in the superannuation fund and other like funds, if any, of the Government and of the Chennai University 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 57 and sub-sections (1) and (2) of section 58. The amount so paid shall form part of superannuation fund or other like funds, if any, that may be established by the Thiruvalluvar University for the benefit of its employees.
60. Payment of certain amounts by Chennai University.- (1) The Chennai University shall, out of its funds as on the notified date, pay to the Thiruvalluvar University such amount as the Government may, in consultation with the Chennai University, specify.
(2) The amount payable under sub-section (1) shall be in addition to the amounts payable by the Chennai University to the Thiruvalluvar University under section 58.
61. Tamil Nadu Act VII of 1923 not to apply.- (1) Subject to the provisions of sub-sections (2) to (9), the Chennai University Act, 1923 (Central Act VII of 1923) shall, with effect on and from the notified date, cease to apply in respect of the areas to which the provisions of this Act extend.
(2) Such cessor shall not affect,-
(a) the previous operation of the Chennai University Act, 1923 in respect of the areas to which the provisions of the Act extend; or
(b) any penalty, forfeiture or ??? incurred in respect of any offence committed against the Chennai University Act, 1923; or
(c) any investigation, legal proceeding or remedy in respect of such penalty, forfeiture or punishment, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed.
(3) Notwithstanding anything contained in sub-section (1), all statutes, ordinances and regulations made under the Chennai University Act, 1923 and in force on the notified date, shall in so for as they are not inconsistent with this Act, continue to be in force in the University area until they are replaced by the 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 trade under this Act, every person who, immediately before the notified date, was a student of a college within the University area affiliated to, or approved by, the Chennai University and of the Departments of the University or was eligible for any of the examinations of the Chennai University shall be permitted to complete his course of study in the Thiruvalluvar University, and the Thiruvalluvar 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 Thiruvalluvar University in accordance with the course of study in the Chennai University and such students shall, during such period, be admitted to the examinations held or conducted by the Chennai University and the corresponding degree, diploma or other academic distinctions of the Chennai University shall be conferred upon the qualified students on the result of such examinations, by the Chennai University.
(5) All property, whether movable or immovable, including lands, buildings, equipments, books and library and all rights of whatsoever kind owned by or vested in, or held in trust by immediately before the notified date, the Chennai University at the University Centre at Vellore as well as all liabilities legally subsisting against that University at the centre shall stand transferred to and vest in, the Thiruvalluvar University.
(6) All colleges including oriental colleges, within the University area which immediately before the notified date,-
(a) continue to be affiliated to, or recognised by, the Chennai University;
(b) provide courses of study for admission to the examination for degrees of the Chennai University shall be deemed to be colleges affiliated to the Thiruvalluvar University under this Act and the provisions of this Act shall, as far as may be, apply accordingly.
(7) All colleges within the University and which immediately before the notified date, continue to be recognised by the Chennai University as oriental colleges providing courses of study for admission to the examinations of that University, for titles and diplomas, shall be deemed to be colleges approved by the Thiruvalluvar University under this Act and the provisions of this Act shall, as for as may be, apply accordingly.
(8) All hostels within the University area which immediately before the notified date, continue to be recognised by the Chennai University, shall be deemed to be hostels recognised by the Thiruvalluvar University under this Act and the provisions of this Act, shall, as far as may be, apply accordingly.
(9) Subject to the provisions of sub-section (2) but without prejudice to the provisions of sub-sections (3) to (7), anything done or any action taken before the notified date under any provisions of the Chennai University Act, 1923 (Central Act VII of 1923) in respect of any area to which the provisions of this Act extend shall be deemed to have been done or taken under the corresponding provisions, of this Act and shall continue to have effect accordingly unless and until superseded by anything done or any action taken under the corresponding provisions of this Act.
62. The Librarian.- (1) The Librarian shall be a whole time officer of the University appointed by the Syndicate on the recommendation of the Selection Committee constituted for the purpose, for such period and on such terms and conditions as may be prescribed.
(2) The Librarian shall exercise such powers and perform such duties as may be assigned to him by the Syndicate.
63. Special mode of appointment.- (1) The Syndicate may invite a person of high academic distinction and professional attainments to accept a post of professor in the University on such terms and conditions as it deems fit, and on the person agreeing to do so, appoint him to the post.
(2) The Syndicate may appoint a teacher or any other member of the academic staff working in any other University or organisation for undertaking a joint project in accordance with the manner laid down in the ordinances.
64. Report on affiliated colleges.- The Syndicate shall, at the end of every three years from the notified date, submit a report to the Government on the condition of affiliated and approved colleges within the University area. The Government shall take such action on it as they deem fit.
65. Power to Remove difficulties.- (1) If any difficulty arises as to the first constitution or re-constitution of any authority of the University after the notified date or otherwise in giving effect to the provisions of this Act, the Government may, by notification, make such provision, not inconsistent with the provisions of this Act, as may appear to them to be necessary or expedient for removing the difficulty:
Provided that no such notification shall be issued after the expiry of five years from the date of establishment of the University under section 3.
(2) Every notification issued under sub-section (1) or under any other provisions of this Act shall, as soon as possible after it is issued, be placed on the table of the Legislative Assembly, and if, before the expiry of the session in which it is so placed or the next session, the Assembly makes any modification in any such notification or the Assembly decides that the notification should not be issued, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.
THE SCHEDULE
See sections 2(e), (I) and 56
1. Periyar Arts College, Cuddalore.
2. Government Arts College, Chidambaram.
3. Thirukolanjiappar Government Arts College, Virudhachalam.
4. Government Arts College, Thiruvannamalai.
5. Aringar Anna Government Arts College, Cheyyar.
6. Muthurangam Government Arts College, Vellore.
7. Government Thirumagal Mills College, Gudiyatham.
8. Aringar Anna Government Arts College for Women, Walajapet.
9. Government College of Education, Katpadi.
10. Aringar Anna Government Arts College, Villupuram.
11. Thiru A. Govindasamy Government Arts College, Thindivanam.