Tamil Nadu act 020 of 2011 : The Anna University Act 2011

ACT l{o .20'OF zll|_ TAMILI\ADU UT{IVER.SITY LAWS (A,VTENDMEI{T & REPEAL ) ACT

1

o GOVERNMENT OF TAMIL }{ADU

"911 [Regd. F.to. TN/CGN/467I2009-1'l^. [R. Bis. No. {97/2089.

[Price:^Rs. 5.80 Paise.

TA$fiIL NADU

GOVERNtrIENT

EXTRAORDINARY

G^ETTE

PUtsLI€HED BY AIjTHORITY No.367l

CHENNAI, MONDAY, SEPTEMBER 26, 2O"I'1 Purattasi 9, Thiruvalluvar Aandu-2042 Part lV-Section²

Tannil Nadu Acte-and Ordinances

CONTENTS

Pages. No. 20 of 201 1-Tarnil Nadu university Laws (Amendtnent and Repeal) A,ct -- 114-122

No. 21 of 2011-Tarnil Nadu Payrnent of Salaries (Arnendme*t) Act 123

No. 22 of 2O11-Chennai City Folice (€xtension to lhe Ghennai City Suburban Area) Repea{ Act -. 125

DTP lV-2^Ex. {367}-2

DTP lV-2^Ex. {$67F3

[113]

DTF fV-2 Ex. (367)-la

2

114

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 24th September 2011 and is hereby published for general information:-

ACT No. 20 oI 2011.

An Act fufther to amend the Ann*lJniversity Act, 1978 and to repeal certain University Laws.

WHEREAS the Perarignar lishedⁱⁿ

1978 comprising the College ersity of

Madras located in the Alagapp Institute

of Technology, Chrompet, Chennai by the Perarignar Anna University of Technology Act, 1978 (Tamil Nadu Act 30 of 1978). lts name was changed as Anna University in 1982 by amending the said Tamil Nadu Act 30 of 1978, by the Perarignar Anna University of Technology (Amendment and Special Provisions) Act, 1982 (Tamil Nadu Act 26 of 1982);

AND WFIEREAS the Anna University was converted into an affiliating type university^by amending the said Tamil Nadu Act 30 of 1978 suitably, by the Anna University (Amendment) Act, 2001 (Tamil Nadu Act 26 of 2001)with effectfrom the 31st December 2001. Consequent upon this, 237 Engineering Colleges, which were earlier afflliated to various Universitiesⁱⁿ the State, were affiliated to the Anna Universityl

AND WHEREAS in December 2006, after the Anna University became the affiliating type University, it was realized that managing the affairs of more than²⁴⁰engineering colleges across the State from Chennai was difficult. The Government subsequently established five more Technical Universities namely, the Anna University, Tiruchirappalli^by Tamil Nadu Act 41 of 2006 and the Anna University, Coimbatore by Tamil Nadu Act 42 of 2006, with effect from the 1st Febrgary 2007 and the Anna University, Tirunelveli^by Tamil Nadu Act 28 ot 20O7 with effect from the 17th July 2007, the Anna University^of Technology, Chennai by Tamil Nadu Act 26 of 2010 and the Anna University of Technology, Maduraiby Tamil Nadu Act 27 oI2010, with effect from the 19th JLrne 2010, in the State with clearly demarcated areas. Subsequently, the Anna University, Tiruchirappalli, the^Anna University, Coimbatore and the Anna University, Tirunelveli are renamed as the^Anna University of Technology, Tiruchirappalli, the Anna University of Technology, Coimbatore and the Anna University of Technology, Tirunelveli, respectively; AND WHEREAS, in the year2010, the Anna University, Chennai has been converted again into an unitary type University as it existed prior to 2002 with effect from the 19th June 2010;

AND WHEREAS, in the past four years of the functioning of the Universities of Technology, the following difficulties are experienced:-

(i) There is confusion due to the establishmbnt of several Universities in the^same name of Anna University of Technology;

(ii) As each University is following its own syllabus, there is,no uniformity in curricula and teaching the subjects to the students;

(iii) There is a lot of difference in examining the skills of the students, as^each University is fotlowing its own procedures regarding the assessment of skills of the students. The Common Board comprising the Vice-Chancellors formed to examine the above issues could not find suitable solutions;

(iv) Though separate Anna Universities of Technology have been established,^the fully qualifled professors remained in the Anna University (Unitary type). Due to this,^the skills of those professors are not accessible to the students of the other Anna Universities of Technology;

(v) There is apprehension in the minds of the students studying in the^Anna Universities of Technology that they may not get recognition in the job market and international education milieu on par with the student in the Anna University (Unitary type);

(vi) Except the Anna University of, Technology, Tiruchirappalli, the other^Anna Universities of Technology are not having full fledged infrastructure facilities;

116

- TAMIL NADU GOVERI.{MENT GAZETTE EXTRAORD|NARY¹¹⁵ Tamil Nadu

Act

30 of 1 978.

(vii) The financial viability of the Anna Universitbs o{ fechnoiogy is in questior as they do not have sufficient nurnber of oolleges affifiated to the.rn; AND WHEREAS, in order to remove ffre diffiouf,ties and confusiom, the Governrnent have decided to wind up the Anna Univers'ities of Technoiogy established uoder various Anna University of Technology Acts and to bring all the engirieering colleges in the State under the Anna University by converting the said university into an affiliating type university; . Be it enacted by the Legislative Assembly of the S'tate of Tarnil Nadu in the Sixg-second year of the Republic of India as foilows:-

1 . { 1) This Act may be called the Tanril Nadu l.lni'rersity Lews (Amendrnenl and Repeal) Act2011.

(2) lt shall corne into force on such date as the S{,ese govemnrent rnay, by notification, appoint.

2' After secdircn 1 of the Anna University Aet, {978 ff*ere.inafur referred to as the principaf Act), the following section shall be ins,erted, nal.nely:_

"1-A, ftplleation sf this Act.-This Ae{ appJies to_ {a)^all constituent colleges; r

(b) all colleges and institutions deenred to be affiliated to, or approved by, the University uader this Act;

ic) all colleges and institutjons $ifuated within the Lkriversity area and affiliated [o, or approved by, the University in acsordance wtrh the provisions of this Act or the statutes, ordinances and reEulations rnde lhereurder.".

3. In seciion 2 ot tle principal Act,-

(1) for clauses (a), (b), (c) ard td), tire foilowing dsuses st{att be substituted, namely:, and a

allied

distinetions of the University and indudes a dee{?pd to be affitiabd to the University under this Acd ard irdudes an autonornous ;

_ (aa) "appointed day' means suctl date as Sle Gprnernrnent nray, by notification, appoint under sub-seetion (2) of section 1;

(ab) "4proved college'means any coflega situate w,ithin the L/ni#rsig area and approved by the University and provi'cing co$,rses of shrdy firr admissbn to the examinations for titles and diplornas of the University and includes a oollege deerned lo be app*roved by ttre University under this Act;

(ac) "autonornous college" mea.n€ arly oollege designated as an aur.onornous college by or urder the statutes;

(ad) "Chairmano means the head of the faculty;

iae) 'cdlege" rneans a college^or jnsti{ution estsbiished er rnaintained by or affiliated to the Unir.ersi{y and pjoviding any ootrse of study or haining in engineering, technology and allied sciences for adrnission to the exarnination lor degrees, iipro1ni and other academic dis{inctions of the Unirersity;

{b) 'constituent college" means every coUege and institution specifiisd in Schedu{e I and incJtades a college established or ina4nhailed by the Univers*V t6r providinS any course of study or trainirg in engineer.ing, tecfrxdogy and altied scienu.e€ for adrnission to the exarnination for degrees, diplornas or ether acaderniic distinctions:

(c) 'Dean" r*eans the head of the oonstilq.rcnt colteg€;

(d) 'Directod means the tread of researcfi ard deve*aprnent or lhe head of everv centre of Advanced Study, as may be prescrtbed;";

(2) afler clause {h), the following clause sha$ be inserted, namery:_

"(fia) 'Principal' nreans tre head od an ahttiated eollege;'; Short ti{le^an$

com{nence-

ment.

lnserlion of

new seclion

1-4.

Amendrnenl of

section^2-

Amend

of ser

Amenc

of se

An

nse

n(

5-

Am(

of

116 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Amendment

of section^3.

Amendment

of section^5.

lnsertion of

new section

5-A.

Amendment

of sectlon^B.

Amendmenl of

section^1'1.

(3) after clause (l), the following clause shall be added, namely:-

,,(m) .University area" means the whole of the state of Tamil Nadu excluding Annamalai Nigar as defined in clause (a) of section 2 of the Annamalai University^Act, 1928 (Tarnil Nadu Act I of 1929).".

4. In section 3 of the principal Act, sub-sections (3) and (4) shall be omitted.

5. ln section 5 of the principal Act, after.clause (ab),^the following'clauses shall be added, namely:-

"(ac) to afflliate colleges to the University under conditions prescribed and to withdraw such affiliation:

provided that no college shall be affiliated to the University unless the permission of^the Government to establish iuch college has been obtained and the terms and conditions, if any, of such peffnission have been complied with;

(ad) to approve institutions providing training for admission to the examinations for degrees, diplornas and other academic distinctions of the University under conditions prescribed and to withdraw suoh approval:

Provided that no institution shall be approved by the University unless the permission of the Govemment to establish such institution has been obtained and the terms^and conditions, if any, of such permission have been complied with; (ae) to designate any college as an autonomous college with the prior concurrence of the Government under conditions prescribed and to canoel such designation; (af) to conduct evaluation or inspection of the coHeges at required interval and^to take suitable action as prescribed to improve academic excellence of the colleges; (ag) to monitor academically and administratively the affiliated colleges in order to orescribe the control mechanism to achieve academic excellence; (ah) to establish and maintain such Regional offices as may be determined by the University, from time to time;

(ai) to confer such powers and duties on Regional offices as may be decided by the University.".

6. After section 5 of the principat Act, the following section shall be inserted, namely:-

"S-A. Cotleges not to be affiliated to any other University.- No college within^the University area shall be affiliated to any University other than the Anna University"'.

7. In section B of the principal Act,- (1)for clause (5), the following clause shall be substituted, namely :-

'(5) The Chairmen of Faculties;";

(2) in clause (7), the word "and" shall be omitted;

(3) afier clause (7), the following clause shall be inserted, namely:-

'(7-A) The Controller of Examinations; and".

8. ln section 11 of the principal Act, for sub.sections (3), (a)^and (4-A), the following sub- sections shall be substituted, namely:-

"(3) The Vice-Chancellor shall hold office for a period of three years:

Provided that the Vice-Chancellor may, by writing under his hand addressed to the Chancellor and after giving two month's notice, resign his office:

Provided further that a person appointed as Vice4hancellor shall retire from office if, during the term of his office, he completes the age of sixty-five years.

(4) \Mren any temporary vacancy occurs in the office of the Vic+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

5

XTRAORDINARY 117

ffi,9:?'fl.,trHi:ilffn* anansernenrs br exercising rhe powers and per&enning rtu

9. fn secdion 13 of the princ{pel Ad,_

"*.u * !,lJ:ffi1**"t head'iDg, tur {he erpression "D$rec6er'", the erpressio* rctuimren. ,ub*tft"I3 "ftr

the express'ion "Director", fte dpr'ession "Gtiainn.an of a Faculty' shali be A,nrenl4fi6s1 sy

secd{on !8.

10' Afief sedricin 15 of ttre princfpal Ac[ ttE fo*tos,ing section strall be inserted, narnely:- Inserrion of new Eesllefi

15_A.

(2) The sflas be gigiLt r* esice for awipd of t*ree years and three )ears:

Fre

on atsainirE the in{ed'as contrc{ler of Exarninations shafi hold office

(3) The Conkolte.r of Exancination tundftrrre and discrrarge sucrr dr&" ;;'ili trffi:.?* perfornr suclr * ,]i:

* pri'ndpar Ac{, forsub+recfbn (2i. the foilewhg sr#-sec$on shati be -#.Yl*:5lf'*'" shan, in add&is* ro the Mesc,r'rarrce{ror, consi$r of rhe foilowins Class | - €x-sfffe*l Mermbeas.

{a) The Secretary to Governrnent in_cfiarge of fi{gher Edteation; {b} The Secretary to Governrnen{ in_charge of tndustr.ies;

(c) The Secretary io Governmen( in_charg€ of la.+forn*ation Technotqgy; (d] The Secretary tio Governrnent, jn_chargie of t-aw; ard {e) The Direc{or of Tecfrnical Educa{icn.

Class l{ - O$rcr ijlen*bers.

on tre elfte Fwultbs +srninabd by ehe Cimncelbr

frorn amorp tbe p,rofes of trhe Departunents of the colleges, nominated by sn the remrnfiEndation of * *JSff-

rnernber represensng tsdr.rctriee, Pubtic arv6 Fr,lvate sec:tsrs nomina$ed by and r represenlirg Reseerch trastituUone ,la.!6ng e in Nndustry eryd Comneere, nerninated by A,mendman{ of

E€atioo iI.

6

118

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Amendment of

section^29.

Amendment of

section 19.

Amendment of

section 31.

lnserlion of

new

Chapter Vlll

(e) Two members from among the principals of the affiliated colleges nominated by the Government:

(D Two members from the management of the affiliated engineering colleges (aided and self-financing), nominated by the Government; and

(g) One member elected by the Members of the Legislative Assembly of the State from among themselves.".

12. In section 19 of the principal Act, in sub-section (2), for the expre-ssion "Dean",^the expression f'Chairman" shall be substituted.

13. In section 29 of the principal Act,-

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

"and affiliated colleges or institutions;";

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

"(xvi-a) the conditions of affiliation of colleges to the University; (xvi-b) 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 matters incidental to the administration of autonomous colleges including^the constitution or reconstitution, powers and duties of Standing Committee on Academic Affairs, Staff Council, Boards of Studies and Boards of Examiners.".

14. In section 31 of the principal Act, in sub-section (1), for clause (i), the following clause shall be substituted, namely:-

"(i) The admission of the students to the University and its constituent colleges and monitoring the admission of the students in the affiliated colleges,".

15. After Chapter Vll of the principal Act, the following Chapter shall be inserted, namely:-

"CHAPTER VIII.

REPEAL OF CERTAIN UNIVERSITY LAWS AND TRANSFER^OF

CERTAIN COLLEGES.

33. (1) Repea I of lJnlversity Laws.-The Anna University of Technology, Tiruchirappalli Act, 2006 (Tamil Nadu Act 41 of 2006), the Anna University^of Technology, Coimbatore Act, 2006 (Tamil Nadu Act 42 of 2006), the Anna University of Technology, Tirunelveli Act, 2007 (Tamil Nadu Act 28 of 2007), the Anna University of Technology, Chennai Act,²⁰¹⁰ (Tamil Nadu Act 26 of 2010) and the Anna University of Technology, Madurai Act,²⁰¹⁰ (Tamil Nadu Act27 of 2010) (hereinafter in this section referred to as the University Acts)^are hereby repealed.

(2) Such repeal shall not affect:

(a) the previous operation of the University Acts in respect of the areas to which the provisions of this Act extend;

(b) any penalty, forfeiture or punishment incurred in respect of any offence committed against the University Acts;

(c) any investigation, legal proceedings or remedy in respect of such penalty, forfeiture or punishment, and any such investigation, legal proceedings or remedy may^be instituted, continued or enforced and any such penalty, forfeiture or punishment may^be imposed as if the Tamil Nadu University Laws (Amendment and Repeal) Act, 2011 had^not been passed.

(3) All statutes, ordinances and regulations made under this Act and in force on the date of commencement of the Tamil Nadu University Laws (Amendment and Repeal)^Act, 2011 (hereinafter in this Chapter re{erred to as the notified date), shall come into force in the University area.

(4) Every person who immediately before the notified date was a student of a college or institution within the University area affiliated to, or approved or maintained by the Anna

EXTRAORDINARY I tu degreq d acedemic the quali{i flre resuf{ {5} All crilNeses within the Llniversity areawhi*cltimrnediate,ly before the notjffed date,- Tiruchira

Tirunefu,e

ard

(8) On and from ttie rlotified datre,_ ges of ttut University,

oonsultirg date' ttre

they deei $tate arud s

efil,ptoyees

8

120 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Amendment of

Schedule l.

Amendment ol

Schedule ll.

as specified in such order, shall stand allotted to serye in connection with the affairs of an University or an educational institution or a Government department, with effect on and from the date, as may be specified in such order.

(10) Subject to the provisions of sub-section (2) but without prejudice to the provisions of sub-sections (3) to (9), anything done or any action taken before the notified date under any provisions of the University Acts in respect of any area to which the provisions of this Act apply shall be deemed to have been done or taken under the corresponding 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.

34. Transfer of accumulalions in provident fund and other like funds.-(1) The sums at the credit^of the provident fund accounts of the persons referred to in clause (b) of sub-section (9) of section 33 as on the date specifled in the order under clause (b) of sub-section (9) of section 33 shall be transferred to the University or the educational institution or the Government department, as the case may be, to which such person is allotted and the liability in respect of the said provident fund accounts shall be the liability of such University or the educational institution or the Government department.

(2) There shall be paid to the University or the educational institution or the Government department referred to in sub-section (1), out of the accumulations in the superannuation fund and other like funds, if any, of the Anna Universi$ of Technology, Tiruchirappalli, Anna University of Technology, Coimbatore, Anna University of Technology, Tirunelveli, Anna University of Technology, Chennai and Anna University bf Technology, Madurai, as the case may^be, such amounts as have been credited to the superannuation fund or other like funds, if any, on behalf of the persons referred to in clause (b) of sub-section (9) of section 33. The amounts so paid shall form part of the superannuation funds or other like funds, if any, of the University or the educational institution or the Government department, as the case may be, for^the benefit of its employees.'.

16. In Schedule I to the principal Act,-

(1) for the expression 'See sections 2(b) and 3(3)", the expression "See section 2(b)"

shall be substituted;

(2) item I shall be renumbered as item l-A and before item l-A as so renumbered, the following item shall be inserted, namely:-

"1. The College of Engineering, Guindy, Chennai.".

17. In Schedule ll to the principalAct,-

(1) in the statutes, for the expression 'Deans" and "Dean', wherever they occur, the expression 1Chairmenl and 'Chairman" shall be substituted;

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

"2-A. Deans of constituent colleges.-(1) Every Dean shall be appointed by the Vice-Chancellor from among the Professors in the University for a period of three years-and he shall be eligible for reappointment:

Provided that a Dean on attaining the age of superannuation shall cease to hold office as such.

(2) When the office of the Dean is vacant, or when the Dean is, by reason of illndss, absence or any other cause, unable to perform the duties of his office, the duties of his office shall be performed by such persons as the Vice-Chancellor may appoint for the purpose.

(3) The Dean shall have such powers and functions, as may be prescribed by the ordinance.".

(3) in statute 9,-

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

"(1) The Academic Council shall consist of the following members, namely:-

9

TAftdIL NADU GOVERI{f\# ENT GAZETTE EXTRAORDIT{ARY¹²¹

1

= Glass | - Ex-officlo ffeoqbers

(a) The Mce4hancelloq {b} The Chairrnen of the Faculties;

(c) The Dir.edor of Library of the Universig.;

(d) The Frincpals of all the Gorcnnnentard Alded Engineering Colleges; Glass ll - Other Mem&ers

{a) Eight mernbers lrom among ihe Profressors of the Univers,ity, norninated by the Chanceflsr on lhe recommendation of the Vie-Chanetloc

{b} Fifreen rRernbers frorn affioflg tlie ftinc*pak sf tt€ a{Sl,ided Colleges. ruvninated by the Ctrancelhr on the recornmendatisns of the Gsvenli'teflt; {c} Three educaiiranists havirq profaiency in rnat$ars rdatirq to educalion, researcfr and eduosi;ional administrailon, Eenerd arrd tedmical, lwrqrirra&ed by the Cf*anwllor on the ationi of {he Government;

(@ Three menfuers frorn an'wnE ttrc Clriet Engfrreers or @neral hlanagers from the Depa,rtrnents of the Slale Governmenl Railways, MilitaW Engineer,.ing Services, Defence, Fosi and Tetegraphs, Telephones and ofier altror*orRsrm orgare,izations in the State, nomineted by the Ghancellor on the reoorfirnendatiuns sf {he Governrnent;

(e) Three per$ons. from Private Indus.tl*es ard Reseerd'r organizations having proficiency in the mattiers relatfrrg to Indwtries ard Rwea+&, nsninated by tlre Chancet{or

. on the resmrrnendations of {he Govennnent {4 Three persroas frorn Fublic Sectsr ird*skb6 ef $rc Cestml arud Stete Governnrenb ln Slrc Siate l-uavtrqg ptpflc,ency in inatiers relatiryE to fu*dustrias atd f{eseerr}+, noffiinated by the Chanelbr on ffie reconunendatiors sf the @reff{sm€rd;

{g} Three persons fiom profeasional er*ginee*kq ss#ies or insti.tulions cr bodies or assoddions, nominaid by the Chancellor sn the s sf tt'te Government; {ft} Three pers@ns of sninence frorn snall scele #dr.$stries or Entrep.eneuship Belce&opment Esard gr Apprenticeship Boad of bo*h Gen$al and Slete Gsemolents, norninated by t4ae Ghanoellor on the recor,n ef ttre Gs{ieflerilerd;

{tl One person from atnong the bach.erc of eacft sf {he institrJtions given bdow, nsalinabd by &e Chanoellor on ifre of tte Vlre€hafioe$er;

i{ Indian Insfitute sf S€ience, Bengalrru;

{fr) lrdian lrsti'tute of Technology, Chermai;

(lli) Indian tnstitule of Management Bangaluru; and

{*v) Natkmal Institute of Te*nolryy. Tnud*reppelli:

W Mernbers of the Syrdicate not irpftded in any.o{ lhe abwe iterne:

Fnsvided that any Chairperson of a Eoard sf Strsdies nmg'be invited tro at{,erd a rnaeting if his special lmow{edge rnay be relevance to 1he i&enes for dbcussipn at ti'te nrednrg. t1-A) The Mce:Chancellor shall be ffie ex

(S) afrer dause (E), fte followirg c*aicse sba$l be a&*+d, n+nrely:--

10

ffi-1 rill 't,

t'

TAMIL I'JADU GOVERNMENT GAZETTE EXTRAORDINARY122 Certain

officers^and

members^o{

au{hori,ties of

Univeraities

to cease ts

hold offtce.

Vise-

Chance$lor to

ceB8e to hold

offi.ce.

Pov.rcr {o

tef{love

d$fficu|tl€s.

18. NotwithstandinE anytring contained in th ty of Technology' Tir Act, 2006, the r4nna University of Tectlnology, t, 2006' the Anna^U Technology, Ti{unelveli Act, 2007, the Anna 0niversity of^y- Chennai Act 201O and the .Anna

-Unitersity

of Technotogy, Madurai Act, 2010 {he this section refened to as the UniversitY Acts),-

Chanoellor.

Government

ch provisions

ne6€s6afy or

expedient for mnovlng the difficutry:,

P,rovidsd that no stacfi order alr.atl be rnade after tf.te a peiiod of two years fr.wn ttre date of publication of thi$ Act in the lannl liadu ent Gazells. Tamil Nadu^Act

41 of 2006

TaTnil Nadu Acl

42 of 2006.

Tarntl Nedu Ad

28 ot ?$47.

Tarnil Nadu^Act

26 of 2O'l0.

Tarnil Nadu^Aol

27 of 2010.

(By order of the Governor)

G. JAYACHANDRAN,

S.Bcretary to Govsrnment, Law Deparlrnent.

11