Tamil Nadu act 007 of 1923 : The MADRAS UNIVERSITY ACT, 1923

Department
  • Department of Higher Education Department, Government of Tamil Nadu
Enforcement Date

1923-05-01T00:00:00.000Z

THE MADRAS UNIVERSITY ACT, 1923 19

CHAPTER I

PRELIMINARY

Short title and 1.(1) This Act may be called Madras oer Universi

commencement. the Madras University Act, 1923. A mn.

(2) This Section shall come into force at once. The 1923 as

. . Amendedby rest of this Act shall come into force on such date or ayadras Act dates as the Local Government may, by notification, x7 of 1929, appoint, and different dates may be appointed for and as different provisions of this Act. further

amended by

Definiti 2. In this Act, unless there is (Adaptation n mi . . . .

efmitions. —_ anything repugnant in the subject of Indian or context- Laws)

Orders,

'(a) 'Affiliated College' means any college affiliated 1937 and to the University and providing courses of study for 1940 and as admission to the examinations for degrees of the /""#er iversity and includes acollege deemed tobe affiliated @"°"4e Unive ity and udes a colleg the Madras to the University under the Madras University 4ct2of

(Amendment) Act, 1966; 1966

'(aa) 'Approved College' means any college Act 2 of

approved by the University and providing courses of 1966.

study for admission to the examinations for titles and

diplomas and the Pre-University examination of the

University and includes a college deemed to be approved

by the University under the Madras University

(Amendment) Act, 1966;

a The word 'Central' was substituted for the word Local by the

Government. of India(Adaptation of Indian Laws) Order 1937 In this

place and all other places where the word 'Local' occurred. The word

Local was substituted for the word 'Central' by the Government of

India(Adaptation of Indian Laws) Order, 1940 in this place and all other places where the word 'Central' was substituted in 1937.

1

20 THE MADRAS UNIVERSITY ACT, 1923

Act 10 of

1977

Act XII of 1929 Act 2 of 1966 Act Xilof

1929

Act 2 of 1966 ™ (aaa) 'autonomous College' means any college designated as an autonomous college by Statues:"

*(aaaa) '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;

*(b), [c],[cc] omitted.

(d) 'Hostel' means, a unit of residence for students of the University maintained or recognized by the University in accordance with the provisions of this Act. 3(e) 'Post-Graduate College' means a University college or an affiliated college providing post-graduate courses of study leading up-to-the post-graduate degrees of the University.

*(ee) Omitted.

3(f) 'Prescribed' means, prescribed by [this Act, or] Statutes, Ordinance or Regulations.

(g) 'Principal' means, the head of a *[College] 5[(gg) 'Professional College' means, a college in which provided courses of study leading up-to-the professional degrees of the University). ] S[(h) 'Registered Graduate' means, a graduate registered under this Act.]

1. This Clause was inserted by Tamil Nadu Act 10 of 1977.

2. Substituted for the original by the Madras University Amendment Act 1966 (Madras Act 2 of 1966.)

* Omitted by Madras Act 2 of 1966.

These words were added by Section 2 (Madras Act XII of 1929) These words were substituted by Madras Act 2 of 1966 This Clause was added by Section 2 (Madras Act XII of 1929) This Clause was substituted by Madras Act 2 of 1966. D m

sb

Ww

2

THE MADRAS UNIVERSITY ACT, 1923 21

'[@i) 'Statutes', 'Ordinances' and 'Regulations' mean respectively the Statutes, Ordinances and Regulations of the University made under this Act.] *[(Gj) 'Teachers' means, such professors, assistant professors, readers, lecturers, librarians and other like persons as may be declared by the Statutes to be teachers.]

(k) 'Teachers of the University' means, persons appointed by the University to give instructions on its behalf.

(1) 'University ' means, the University of Madras as reconstituted under this Act.

3[(m) 'University Centre' means any area within the State of Madras except the area comprising the revenue districts of Madurai, Ramanathapuram, Tirunelveli and Kanyakumari recognised by the State Government on the recommendation of the University and containing one or more colleges competent to engage in higher teaching and research work and to promote University life in a manner calculated to prepare for the institution of a new University. ]

'[(n) 'University College' means a college or a college combined with a research institute maintained by the University (whether instituted by it or not) and providing courses of study leading up to the post-graduate and professional degrees; |

5[(0) 'University Laboratory' means, a laboratory maintained by the University, (whether instituted by it or not) and intended for carrying on and advancement of research work; ]

1 & 2 These Clauses were substituted by the Madras University Amendment Act 1966 (Madras Act 2 of 1966.)

3,4 & 5 These Clauses were substituted by the Madras University Amendment Act 1966 (Madras Act 2 of 1966.)

Act 2

of 1966

Act 2

of 1966

3

22 THE MADRAS UNIVERSITY ACT, 1923

'T(p) 'University Professor' , "University Reader' or Act 2 of 1966 "University Lecturer' means Professor, Reader or Lecturer respectively appointed as such by the University;]

2I(q) 'University Library' means a library

maintained by the University whether instituted by it or not.]

1 & 2 These Clauses were substituted by the Madras University Amendment Act 1966 (Madras Act 2 of 1966.)

4

THE MADRAS UNIVERSITY ACT, 1923 23

CHAPTER II

THE UNIVERSITY

3.(1) The first Chancellor, Pro-Chancellor and Vice- Chancellor of the University and

the first members of the Senate,

the Syndicate, [and] the

Academic Council, '[**] and all persons who may hereafter become such officers or members so long as they continue to hold such office or membership are hereby constituted a body corporate by the name of the University of Madras.

The University

(2) The University shall have perpetual succession and a common seal and shall sue and be sued by the name of the University of Madras.

4. As from the date on which Section 3 and this section are brought into operation the Chancellor shall cease to

exercise his functions under any

Act or Acts heretofore in force, and the Vice-Chancellor and all Fellows and Honorary Fellows of the University of Madras as constituted and incorporated by any Act or Acts heretofore in force shall cease to be the Vice- Chancellor, Fellows and Honorary Fellows of the University respectively.

Vacation of

Fellowship.

*(4-A. The University shall have the following powers, namely:-

(1) to provide for instruction and training in such branches of learning as it may think fit and Act VII of

1923 and

Act XII of

1929

Act VI of

1929

Act XI of

1929,

1 The words "and the Council of Affiliated Colleges" were omitted by Section 3 of the Madras University (Amendment) Act. 1929 (Madras Act XII of

1929)

2 This section was inserted by Section 4 ibid.

5

24 THE MADRAS UNIVERSITY ACT, 1923

Act XII of

1929.

As amended by Act XXVI of 1943 and as further amended by Act 2 of

1966.

Act 10 of

1977

to make provisions for research and for the advancement and dissemination of knowledge; Powers of the

University

(2) to establish, maintain and manage Institutes of Research;

(3) to make such provision as will enable '[affiliated and approved Colleges] to undertake specialisation of studies and to organize common laboratories, libraries and other equipment for research work;

(4) to institute professorships, readerships, lecturerships and any other teaching post required by the University and to appoint persons to such professorships, Associate Professorships, readerships, lecturerships and other teaching posts;

(5) to institute degrees, titles, diplomas and other academic distinctions;

(6) 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 '[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;

2(6-A) to confer degrees, titles, diplomas and other academic distinctions on persons who shall have pursued an approved course of study in an autonomous college;

1 Words substituted by the Madras University Amendment Act 1966 (Madras Act 2 of 1966)

2 This Clause was inserted by Tamil Nadu Act 10 of 1977.

6

THE MADRAS UNIVERSITY ACT, 1923 25

(7) to confer honorary degrees or other distinction under conditions prescribed;

1[(8) to institute, maintain and manage University colleges, laboratories, libraries, museums and other institutions necessary to carry out the object of the University;]

2[(9) to affiliate colleges to the University as affiliated professional or post-graduate colleges under conditions prescribed and to withdraw affiliation from colleges. |

3[(9-A) to approve colleges providing courses of study for admission to the examinations for titles and diplomas and the Pre-University examination of the University under conditions prescribed and to withdraw such approval;]

4(9-B) to designate any college as an autonomous college with the concurrence of the State Government in the manner and under conditions prescribed and to cancel such designation;

5(10) to recommend to the Local Government the recognition of °(any area within the State of Tamil Nadu except the area comprising the revenue Districts of Madurai, Ramanathapuram, Tirunelveli and Kanyakumari] Thanjavur as a University Centre];

(11) to establish, maintain and manage hostels, to recognize hostels not maintained by the University and to withdraw recognition therefrom;

1 & 2 Clause substituted for the original by the Madras University Amendment Act 1966 (Madras Act 2 of 1966.)

3 & 5 Clauses substituted by the Madras University Amendment Act 1966 (Madras Act 2 of 1966)

4 This Clause was substituted by Tamil Nadu Act 10 of 1977.

6 Substituted for original by the Madras University Amendment Act 1966 .

Act 10

of 1977

Act 2 of

1966

Act XH of

1929.

7

26 THE MADRAS UNIVERSITY ACT, 1923

Act 2 of

1966

Act 2 of

1966

Act 2 of

1966

Act 2 of

1966

'[(12) to institute and award fellowships, travelling fellowships, scholarships, studentships, bursaries, exhibitions, medals and prizes.]

*[(12-A) to hold and manage endowments and other properties and funds of the University and to raise loans required for the purposes of this Act;]

(13) to fix fees and to demand and receive such fees as may be prescribed;

(14) to create and manage an affiliated college fund;

(15) to make grants from the funds of the University for the maintenance of a University Training Corps;

(16) to exercise such control over the students of the University through the colleges as will secure their health and well-being;

3[(16-A) to institute and maintain a University Extension Board;]

(17) to institute and provide funds for the maintenance of-

(a) A Publication Bureau;

(b) An Employment Bureau;

(c) Students' Unions; '((d) University Athletic Clubs: and

(e) Other similar associations. | 5[(18) to encourage co-operation among the colleges, laboratories and Institutes in the University 1 & 2 Substituted for original by the Madras University Amendment Act 1966.

3 New Clause inserted by the Madras University Amendment Act

1966.

4 Words Substituted by the Madras University Amendment Act

1966.

5 Substituted for original by the Madras University Amendment Act 1966.

8

THE MADRAS UNIVERSITY ACT, 1923 27

and co-operate with other Universities and other authorities in such manner and for such purposes as the University may determine]; and

(19) generally to do all such other acts and things as may be necessary or desirable to further the objects of the University.

115. (1) No person shall be qualified for election as a member of any of the

authorities of the University, if, on the date of nomination or election, he is -

Disqualification

for membership

(a) of unsound mind, a deaf-mute or suffering from leprosy;

(b) an applicant to be adjudicated insolvent or an undischarged. insolvent;

(c) sentenced by a criminal court to imprisonment for any offence involving moral turpitude.

(2) In case of dispute of doubt, the Syndicate shall determine whether a person is disqualified under sub- section and its decision shall be final.] *[5-A. Restriction for election or nomination to Senate, Syndicate and Academic Council in certain cases

[1] notwithstanding anything contained in Sections 14, 18 or 23, any person who has completed two terms of three years each, continuously in any one or two of the following authorities of the University namely:-**

(i) the Senate

(ii) the Syndicate and

1 Substituted for original by the Madras University Amendment Act 1966.

* This Clause was inserted by the Tamil Nadu Universities Law (Amendment Act, 1997 (Act No.41 of 1998)

Act 2 of

1966

THE MADRAS UNIVERSITY ACT, 1923

Act XII of

1929 and

Act 2 of

1966

(iii) the Academic Council Shall be eligible, after a period of three years has elapsed from the date of his ceasing to be such member, for election or nomination to any of the above mentioned authorities.

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

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

(i) ex-officio members referred to in Section 14(a), but not including members of the Syndicate who are not otherwise members of the Senate referred to in item (10),

(ii) ex-officio members referred to in Section 18(a), and

(iii) ex-officio members referred to in Section 23(a), but not including members of the Syndicate who are not otherwise members of the Academic Council referred to in item (5)."

'T6. No attendance at instruction given in any (college or institution) other than

Attendance that conducted, *(affiliated to or qua ifying or approved by the University) shall University . .

. qualify for admission to any examinations

examinations of the University.]

1 This Section was substituted for the original by Section 6 of the Madras University (Amendment) Act, 1929 (Madras Act XII of

1929)

2 & 3 Words substituted by the Madras Act 2 of 1966.

10

THE MADRAS UNIVERSITY ACT, 1923 29

'6-A. Colleges in the University area not to be affiliated to any other University and recognition of institutions by the University;-

(1) No college within the University area shall be affiliated to any University established by or under any law in force other than the University of Madras.

(2) No Institution affiliated to, or associated with, or maintained by, any other University established by or under any law in force shall be recognised by the University for any purpose except with the prior approval of the Government and the concerned University.

(3) Notwithstanding anything contained in any other law for the time being in force, any affiliation or recognition granted by any other University established by, or under any law in force to any institution within the University area, prior to the date of publication of the Madras University and Madurai-Kamaraj University (Amendment) Ordinance, 1983 in the Tamil Nadu Government Gazette, shall be deemed to be withdraw on and from the said date.

Explanation:- For the purpose of this Section,

"University area" means the area comprising the districts of Madras, Chengalpattu, North Arcot, South Arcot, Salem and Dharmapuri in the State of Tamil Nadu.]

7. (1) The Provincial Government shall have the right to cause an inspection to be Visitation. made by such person or persons as it may direct, of the

University, its buildings, laboratories, libraries, museums, workshops and equipment and of any institutions maintained, recognised or approved by or affiliated to the University and also of the teaching and

1 This Clause was inserted by Tamil Nadu Act 46 of 1983. Act 46 of

1983

Act VI 1923 and Act XII of 1929, as further

amended by theG.O.I. (Adaptationof Indian

LansyOrdas 187 and1940.

11

30 THE MADRAS UNIVERSITY ACT, 1923

Act 2 of

1966

other work conducted by the University and to cause an inquiry to be made in respect of any matter connected with the University. The Provincial Government shall in every case give notice to the University of its intention to cause such inspection or inquiry to be made and the University shall be entitled to be represented thereat.

(2) The Provincial Government shall communicate to the Senate and to the Syndicate its views with reference to the results of such Inspection or inquiry and may, after ascertaining the opinion of the Senate and the Syndicate thereon advise the University upon the action to be taken.

(3) The Syndicate shall report to the Provincial 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 with the opinion of the Senate thereon and within such time as the Provincial Government may direct.

(4) Where the Senate or the Syndicate does not within a reasonable time take action to the satisfaction of the Provincial Government, the Provincial Government may, after considering any explanation furnished or representation made by the Senate or the Syndicate, issue such directions as it may think fit and the Senate and the Syndicate shall comply with such directions. '(In the event of the Senate or the Syndicate or both not Complying with such directions within such time as may fixed in that behalf by the State Government, the State Government shall have the power to take such action as they think necessary for securing compliance with such directions.)

1. Inserted by Madras Act 2 of 1966.

12

THE MADRAS UNIVERSITY ACT, 1923 31

Officers of the 1[8. The following shall be the Act XII of University officers of the University:- 1929.

(1) The Chancellor;

(2) The Pro-Chancellor;

(3) The Vice-Chancellor;

(4) The Registrar; and

(5) Such other persons as may be declared by the Statues to be officers of the University. ] Act VI of

9. (1) 2[The Governor of Tamil Nadu shall be the 1923 and Chancellor of the University.] He Act XII of The Chancellor Shall by virtue of his office be the 1929, as head of the University and 'ter

. . amended by President of the Senate and shall, when present, preside 4, ¢Q1 at the meetings of the Senate and at any Convocation of (4daptation the University. of Indian

Laws)

(2) The Chancellor shall exercise such powers as_ Qrders, may be conferred on him under the provisions of this 1937 and

(3) Where power is conferred upon the Chancellor 4ct 2 of to nominate persons to authorities, the Chancellor shall, 966 to the extent necessary, nominate persons to represent 3(interest) not otherwise adequately represented.

10. "[(1) The Minister administering the subject Act 2 of of education in the Province of Madras 1966 The Pro-

Chancellor for the time being shall be the Pro- Chancellor of the University. ]

1. This Section was substituted for the original by Section 8 of the Madras University (Amendment) Act, 1929 (Madras Act XII of

1929).

2 & 4.This sub-section was substituted for the original by Section 10 of the Madras University (Amendment) Act, 1929 (Madras Act XII of 1929),

3. Words substituted for original by the Madras University Amendment Act 1966 (Madras Act 2 of 1966).

13

32 THE MADRAS UNIVERSITY ACT, 1923

Act 2 of

1966

(2) In the absence of the Chancellor, or during the Chancellor's inability to act, the Pro-Chancellor, shall exercise all the functions of the Chancellor. '[11. (1) Every appointment of the Vice-Chancellor shall be made by the Chancellor

The Vice- from out ofa panel of three names Chancellor 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 comumnittee, 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 the 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 Senate, one shall be nominated by the Syndicate and one shall be nominated by the Chancellor:

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 be eligible for re- appointment for not more than two successive terms.

(4) When any temporary vacancy occurs in the office of the Vice-Chancellor or if the Vice-Chancellor

1. This section substituted by the Madras University Amendment Act 1966 (Madras Act 2 of 1966)

2. Inserted by the Madras University (Amendment Act of 1992 (Act No. 1 of 1993)

14

THE MADRAS UNIVERSITY ACT, 1923 33

is, by reason of absence or for any other reason, unable to exercise the powers and perform the duties of his office, the syndicate shall, as soon as possible, make 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 shall be entitled to such emoluments, allowances and privileges as may be prescribed by the Statues.

12. (1) The Vice-Chancellor shall be the principal executive officer of the University and shall in the absence of the

Chancellor and Pro- Chancellor,

preside at meetings of the

Senate and at any Convocation of the University. He shall bea member ex-officio and \(Chairman of the Syndicate, the 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, the Statues, Ordinances and Regulations are faithfully observed and carried out and he may exercise all powers necessary for this purpose.

Powers and

duties of the

Vice-Chancellor.

(3) The Vice-Chancellor shall have power to convene Meetings of the senate, the Syndicate, *[the Academic Council and the Finance Committee. ]

(4) (a) In any emergency which in the opinion of the Vice-Chancellor requires that immediate action 1 & 2 Words substituted by the Madras University Amendment Act 1966 (Madras Act 2 of 1966).

Act VI of

1923 and

Act XII of

1929 and

Act 2

of 1966.

Act 2 of

1966.

Act X of

1942

THE MADRAS UNIVERSITY ACT, 1923

Act XI of

1929

Act 2 of

1966

should be taken, he may take such action with the sanction of the Chancellor or the Pro-Chancellor and shall as soon as may be thereafter report his action to the officer or authority who or which would have ordinarily dealt with the matter.

(b) When 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.

(5) The Vice-Chancellor shall give effect to the orders of the Syndicate regarding the appointment, dismissal and Suspension of the teachers of the University and its servants and shall exercise general control over the affairs of the University.

(6) The Vice-Chancellor shall exercise such other powers as may be prescribed.

1[12-A. (1) The Registrar shall be a whole-time paid officer of the University appointed

The Registrar. by the Syndicate for such period and on such terms as may be

prescribed by Statutes

(2) The Registrar shall exercise such powers and perform such duties as may be prescribed.

(3) 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. |

1 This Section was added by Section 13 of the Madras University (Amendment) Act, 1929 (Madras Act XII of 1929).

2 New Clause inserted by Madras Act 2 of 1966.

16

THE MADRAS UNIVERSITY ACT, 1923 35

Authorities of 13. The following shall be the University. authorities of the University: Act VII of 1923 and

(1) The Senate, Act XII of 1929 and

(2) The Syndicate, Act 2 of

. : 1966

(3) The Academic Council,

(4) The Faculties, *(4-A) The Finance Committee,

(5) The Boards of Studies, '(and) 2(e*)

3[(6) such other "(bodies) as may be declared by the Statues to be authorities of the University. ] * Inserted by the Madras University Amendment Act 1966. This word was inserted by Section 14 Act XII of 1929. The Clause "(6) the Council of the Affiliated Colleges, and" was omitted by Section 14 ibid.

3. The figure '(6)' was substituted for the '(7)' by Section 14 ibid.

4 This word was substituted for the word "authorities' by Section 14 ibid.

N

o e

17

36 THE MADRAS UNIVERSITY ACT, 1923

CHAPTER Il

The Senate — Powers and Duties 1[14.?[a] [The Senate shall consists of

(1)

(2)

(3)

14)

(5)

(6)

(7)

"[(7-A)

(8)

(9)

(10)

the following persons, namely; -] Ex-officio Members.

The Chancellor;

The Pro-Chancellor;

The Vice-Chancellor;

Omitted.]

The Director of Collegiate Education, Madras; The Director of Secondary Education, Madras. The Director of Technical Education, Madras; The Director of Medical Education;] The Principals of affiliated colleges who have served as principals for not less than three years; Every whole-time University Professor in charge of a Department; and

Members of the Syndicate who are not otherwise members of the Senate.

Life Members

5[(1) & (2) Omitted.]

Other Members

(1) Twenty members elected by registered graduates from among themselves in accordance with the system of proportional representation by means of the single transferable vote;

1 & 2 This Section was substituted for the original by Section 15 of Madras Act XII of 1929 and amended by Madras Act 2 of 1966.

eA

Rw

This was omitted by Tamil Nadu Act 9 of 1980.

This Clause was substituted by Tamil Nadu Act 42 of 1979.

This was omitted by Tamil Nadu Act 11 of 1982.

Now termed as "Chennai."

18

THE MADRAS UNIVERSITY ACT, 1923 37

(2) Ten members elected by the Academic Council from among its own body of whom not less than five shall be teachers of affiliated colleges;

(3) Six members elected by the Members of the Legislative Assembly of the State of Madras from among themselves in accordance with the system of proportional representation by means of the single transferable vote;

(4) Three members elected by the Members of the Legislative Council of the State of Madras from among themselves in accordance with the system of proportional representation by means of the single transferable vote;

(5) Three members elected by the principals of approval colleges from among themselves in accordance with the system of proportional representation by means of the single transferable vote;

(6) One member elected by the headmasters of high schools in each of the following revenue districts, or groups of revenue districts, from among themselves, namely:-

(a) Coimbatore and the Nilgiris;

(b) Salem and Dharmapuri;

(c) North Arcot;

(d) Chingleput and Madras;

(e) South Arcot;

(f) Thanjavur;

(g) Tiruchirapalli;

(7) One member elected by the Councillors of the Municipal Corporation of Madras from among themselves;

19

38 THE MADRAS UNIVERSITY ACT, 1923

(8) One member elected by the chairman of municipal Councils and of Panchayat Union Councils in each revenue district in the State of Madras, except the area comprising the revenue districts of Madurai, Ramanathapuram, Tirunelveli and Kanyakumari, from among such Chairman and the Members of Municipal Councils, Panchayat Union Councils and Panchayat in such revenue districts; and

(9) Fifteen members nominated by the Chancellor of whom not less than ten shall be nominated to secure the representation of the Scheduled Castes and Scheduled Tribes not otherwise adequately represented.

* ek Ok K

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

(ii) Where a member is elected or nominated to the Senate 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 for the purpose of this Clause.

Explanation : For the purpose of this Clause, the expression

"period" shall include the period held prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazettee".

Provided that a member of the Legislative Assembly of the State of Tamil Nadu shall cease to be a member of the Senate from the date on which he ceases to be a member of the Legislative Assembly of the State of Tamil Nadu.

* Items 10 to 14(a) are omitted under "Other Members" (Vide Page 24 of the University Calendar Vol.1, 1964-65).

** — This Clause was inserted by the Tamil Nadu Universities Law (Amendment) Act, 1997 (Act No 41 of 1998)

20

THE MADRAS UNIVERSITY ACT, 1923 39

Provided further that where an elected or nominated member of the Senate is appointed temporarily to any of the office by virtue of which he is entitled to be a member of the Senate 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 Senate 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 choice, he shall be deemed to have vacated his office as an elected or nominated member.

Explanation: For the removal of doubts, it is hereby declared for the time being in force or in any judgement, decree or order of any court, every person who has been elected to the Senate of the Madras University, in his capacity as a member of the Legislative Assembly and who had ceased to be a member of the Legislative Assembly but holding office as a member of the Senate immediately (before the date of the publication of this Act in the Tamil Nadu Government Gazettee, shall cease to be a member of the Senate of the University on the date of the publication of this Act in the Tamil Nadu Government Gazette.) Every person who ceases to be a member of the Senate by reason of the operation of this Act shall cease to be a member of the Syndicate, Academic Council or any other authority of the University of which he may happen to be a member by virtue of his membership of the Senate.

On failure to make such choice, he shall be deemed to have vacated his office as an elected or nominated member.

(c) When a person ceases to be a member of the Senate he shall cease to be a member of any of the authorities of the University of which he may happen to be member by virtue of his membership of the Senate.

21

40 THE MADRAS UNIVERSITY ACT, 1923

Act XI of

1929

Act 2 of

1966

1T15. The Senate shall be supreme governing body of the University and shall have

The Senate to be . .

power to review the action of the

the Supreme Syndicate and of the Academic Governing body yn

Council save where the Syndicate

and the Academic Council have acted in accordance with powers conferred on them under this Act, the statutes, the Ordinances or the Regulations and shall exercise all the powers of the University not otherwise provided for and all powers requisite to give effect to the provisions of this Act;

Provided that if any question arises whether the Syndicate or the Academic Council has acted in accordance with such powers as aforesaid or not, the question shall be decided by a resolution passed by two- thirds of the number of the members present and voting at a meeting of the Senate and the decision shall be final. | 2[16. In particular and

without prejudice to the generality

of the powers

Powers of the

Senate.

(1) to make Statues and amend or repeal the same;

(2) to modify or cancel Ordinances and Regulations in the manner prescribed by this Act;

(3) to encourage co-operation among University colleges and laboratories, affiliated colleges and approved colleges;

(4) to provide for instruction and training in such branches of learning as it may think fit;

1. This Section was substituted for the original by Section 16 of the Madras University (Amendment) Act, 1929 (Madras Act XII of

1929)

2. This Section was substituted for the original by the Madras University Amendment Act, 1966 (Madras Act 2 of 1966)

22

THE MADRAS UNIVERSITY ACT, 1923 41

(5) to institute and maintain institutes of research, University colleges, University laboratories, libraries and museums;

(6) to prescribe in consultation with the Academic Council the conditions for approving colleges or institutions in which provision is made for courses of study for admission to the Pre-University examination or for the preparation of students for Titles or diplomas of the University and to withdraw such approval;

(7) to provide for research and advancement and dissemination of knowledge;

(8) to Institute, after consultation with the Academic council, professorships, readerships, lecturerships, and any other teaching posts required by the University;

(9) to prescribe after consultation with the Academic Council, the conditions for affiliating colleges to the University and to withdraw affiliation from colleges; 1[(9-A) to prescribe in consultation with the Academic Council, 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, after consultation with the Academic Council, such lectures and instructions for students of University Colleges, affiliated colleges and approved colleges as the Senate 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 provide for the inspection of all colleges and hostels;

1. This Clause was inserted by Tamil Nadu Act 10 of 1977 Act 10 of

1977

42 THE MADRAS UNIVERSITY ACT, 1923

(12) to institute, degrees, titles, diplomas and other academicdistinctions;

(13) to confer degrees, titles, diplomas and other academic distinctions on persons who-

(a) shall have pursued an approved courses of study in a 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; or

(b) shall have carried on research under conditions prescribed;

(14) to confer honorary degrees or other distinctions on the recommendations of not less than two-thirds of the members of the Syndicate;

(15) to establish and maintain hostels;

(16) to institute, after consultation with the Academic Council, fellowships, travelling fellowships, scholarships, studentships, bursaries, exhibitions, medals and prizes;

(17) to prescribe the fees to be charged for the approval and affiliation of colleges, for admission to the examination, degrees and diplomas of the University, for the registration of graduates, for the renewal of such registration and for all or any of the purposes specified in Section 4-A;

(18) to consider and take such action as it may deem fit on the annual report, the annual accounts and the financial estimates;

(19) to institute, after consultation with the Academic Council, a University Extension Board and to maintain it;

(20) to institute, after consultation with the Academic Council, a Publication Bureau, Students Unions, Employment Bureau and University Athletic Clubs and other similar Associations and to maintain them;

24

THE MADRAS UNIVERSITY ACT, 1923 43

(21) to enter 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;

(22) to make Statutes regulating the method of election to the authorities of the University and the procedure at the meeting of the senate, the 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 Senate;

(23) to recommend to the State Government the recognition of any area within the State of Madras except the area comprising the revenue districts of Madurai, Ramanathapuram, Tirunelveli, and Kanyakumari, as a University Centre;

(24) to co-operate with other Universities, other academic authorities and colleges in such manner and for such purposes as it may determine; and

(25) to delegate such of its powers as it may deem fit to any authority or authorities of the University constituted under this Act.

17. 1(1) The Senate shall meet at least twice a year on dates to be fixed by the Vice-

Chancellor one of such meetings

shall be called the annual meeting.

The Senate may also meet at

such other times as it may, from time to time, determine. Meetings of

the Senate.

(2) ?[Twenty-Five] members of the Senate shall be the quorum for a meeting of the Senate.

1. This sub-section was substituted for the original by Section 18 of the Madras University [Amendment] Act, 1929 [Madras Act XII of 1929.]

2. Words substituted by the Madras Act 2 of 1966 Act VII of

1923 and

Act XII of

1929.

25

44 THE MADRAS UNIVERSITY ACT, 1923

'Provided that such quorum shall not be required at a Convocation of the University or a meeting of the Senate, 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 requisition in writing signed by not less than 35 members of the Senate, convene a special meeting of the Senate.

1. This proviso was added by the Madras University (Amendment) Acct III of 1942.

26

THE MADRAS UNIVERSITY ACT, 1923 45

Act VI of

1923 and

Act XII of

1929 and

Act 2 of

1966

CHAPTER IV

THE SYNDICATE

18. (a) The Syndicate shall, in addition to the Vice-Chancellor, consist of the

The Syndicate. following persons, namely:-

Ex-officio Members

21) The Secretary to the Government in- charge of Education.

4(1-A) The Secretary to the Government in-charge of Health and Family Welfare-

5(1-AA) The Secretary to the Government in-charge of Law

(1-(AAA) The Director of Higher Education, Madras

(2) The Director of Technical Education, Madras 3(3) The Director of Medical Education and §(4) The Director of Legal Studies 7(aa) In case the Secretary to Government in-charge of (Higher) Education, or the Secretary to the Government in-charge of Health and Family Welfare or the Secretary to Government in-charge of Law is unable to attend the meetings of the Syndicate for any reason, he may depute any officer of his Department

1 Sub-section substituted by the Madras Act 2 of 1966.

2 This clause was added by the Tamil Nadu Act 9 of 1980.

3 This sub-section was added by the Tamil Nadu Act 42 of 1979 4 to 7 This clause was added by the Tamil Nadu Act 75 of 1986 6 & 7 Tamil Nadu Universities Laws (Amendment Act), 1986 (Tamil Nadu Act, 75 of 1986)

27

46 THE MADRAS UNIVERSITY ACT, 1923

not lower in rank than that of Deputy Secretary to Government to attend the meetings.

Other Members

(1) Six members elected by the Senate from among its members.

(2) Five members elected by the Academic Council from among its members of whom four shall be teachers of affiliated colleges and the remaining shall be a teacher of an approved college;

(3) Three members nominated by the Chancellor;

(4) Three University professors from among the Heads of Departments of study and research, schools of excellence or centres of advanced studies, nominated by the Chancellor on the recommen- dation of the Vice-Chancellor, by rotation among such Departments, Schools and Centres.

(5) One University Reader nominated by the Vice-Chancellor by rotation according to seniority, and

(6) One University lecturer nominated by the Vice-Chancellor by rotation according to seniority.

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

(ii) Where a member is elected or nominated to the Syndicate 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 for the purpose of this clause.

Explanation : For the purpose of this Clause, the expression

"period shall include the period held prior to the date of the 1, This Clause was substituted by the Tamil Nadu Act 19 of 1982

2. This Clause was inserted by Tamil Nadu Act VI of 1923 (Act No.7 of 1954)

3. This Clause was subscribed by the Tamil Nadu universities laws(Amendment) Act 1991 (Act 9 of 1992)

* This Clause was inserted by the Tamil Nadu Universities Law (Amendment) Act, 1997 (Act No.41 of 1997)

28

THE MADRAS UNIVERSITY ACT, 1923 47

publication of the Tamil Nadu Universities Law (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazette".

Provided also that where an elected or 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-offcio by virtue of his appointment and the choice shall be conclusive. On failure to make such choice, he shall be deemed to have vacated his office as an elected or nomi- nated member ;

'[Provided also that a member of the Syndicate shall cease to be a member if he subsequently becomes a whole-time University Professor, [University Reader, University Lecturer or whole-time teacher of the Uni- versity].

(c) 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.

Powers of the *[19. The Syndicate shall Syndicate. have the following powers,

namely ;-

1 This clause was omitted.

2 This section was substituted for the original by Section 20 of the Madras University Amendment Act, 1929, (Madras Act XII of 1929)- Vide also Amendment Act, 1943 (No XXVII of 1943)-Sec.5, Act 2 of

1966.

Act XI of

1929

48 THE MADRAS UNIVERSITY ACT, 1923

Act XII of

1929

Amended by Act 2 of 1966.

(a) to make Ordinances and amend or repeal the same ;

(b) to hold, control and administer the properties and funds of the University ;

(c) to direct the form, custody and use of the common seal of the University ;

(d) to regulate and determine all matters concerning the University in accordance with this Act, the Statutes, the Regulations and the Ordinances ;

(e) to frame the financial estimates of the University and submit the same to the Senate ;

(f) to administer all properties and funds placed at the disposal of the University for specific purposes ;

(g) to appoint the University Professors and Readers '[and Lecturers] and the Teachers and servants of the University, fix their emoluments, if any, define their duties and the conditions of their service; and pro- vide for the filling up of temporary vacancies ;

(h) to suspend and dismiss the University Professors, Readers *and Lecturers, and the Teachers and servants of the University.

3[(i) to accept on behalf of the University endowments, bequests, donations, grants and transfers or any movable and immovable properties made to it provided that all such endowments, bequests, donations, grants and transfers shall be reported to the Senate at its next meeting :]

Words inserted by the Madras Act 2 of 1966. Words inserted by the Madras University Amendment Act, 1966 (Madras Act 2 of 1966.)

3 Substituted by the Madras University Amendment Act, 1966.

N

e

30

THE MADRAS UNIVERSITY ACT, 1923 49

TG) to raise on behalf of the University, loans required for the purposes of this Act from the Central or any State Government or the University Grants Commission or any corporation owned or controlled by the Central or any State Government ;] *[(jj) to affiliate colleges to the University and to recognize Colleges as approved colleges ;] 3[(jij) to designate any college as an autonomous college with the concurrence of the State Government and to cancel Such designation; ]

'[Gijj) to recognise hostels not maintained by the University and to suspend or withdraw recognition of any hostel which may not be conducted in accordance with Ordinances and the conditions imposed thereun- der ;]

5[(k) to arrange for and direct the inspection of all University colleges, affiliated and approved colleges and hostels;]

§[(1) to prescribe in consultation with the Academic Council, the qualifications of teachers in University colleges affiliated and approved colleges and hostels;]

(m) to award fellowships, travelling fellowships, scholarships, studentships, bursaries, exhibitions, medals and prizes in accordance with Statutes;

(n) to charge and collect such fees as may be prescribed ;

(o) to conduct the University examinations and approve and publish the results thereof ; 1&2 Substituted by the Madras University Amendment Act, 1966.

3 This clause was substituted by Tamil Nadu Act 10 of 1977.

4 Substituted by the Madras University Amendment Act, 1966. 5&6 substituted by the Madras University Amendment Act, 1966 Act 2 of

1966.

31

50 THE MADRAS UNIVERSITY ACT, 1923

Act XII of

1929

Act 2 of

1966.

Act 2 of

1966.

(p) to make Ordinances regarding the admission of students to University or prescribing examinations to be recognised as equivalent to University examinations ;

(q) to appoint members to the Boards of Studies;

(1) (i) to appoint examiners after consideration of the recommendations of the Boards of Studies ; and

(ii) to fix their remuneration ;

(s) 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;

'[(t) to manage University Centres, University col- leges and laboratories, libraries, museums, institute of research and other institutions established or maintained by the University;]

(u) to manage hostels instituted by the University;

(v) [Omitted.] 2[(w) to regulate the working of the University Extension Board;

(ww) to manage any publication Bureau, Students Unions, Employments Bureau and University Athletic Clubs and other similar associations instituted by the University ;

(www) to review the instruction and teaching of the University ;

(wwww) to promote research within the

University and to require reports from time to time of such research ;]

1 & 2 Vide Amendment Act of 1966.

32

THE MADRAS UNIVERSITY ACT, 1923 51

(x) 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

(y) 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 Statues.

20. The annual report of the University shall be prepared by the Syndicate and

Annual Report shall be submitted to the Senate on or before such dates as may

be prescribed by the Statute and shall be considered by the Senate at its next annual meeting. The Senate may pass resolutions thereon and communicate the same to the Syndicate, which shall take action in accordance therewith. The Syndicate shall inform the Senate of the action taken by it. A copy of the report with the copy of the resolutions thereon, if any, of the Senate shall be submitted to the Local Government for information. 1[21.(1) The annual accounts of the University shall be prepared by the

Syndicate and _ shall be

submitted to such examination

and audit as the State Government may direct. Annual

Accounts

(2) The University shall settle objections raised in such audit and carry out such instructions as may be issued by the State 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

1 Vide Madras Act 2 of 1966. Act VI of

1923 as

Amended

by the

GOL

(Adapta- tion

of Indian Laws)

Order 1937 and

1940

Madras Act 2 of

1966.

33

52 THE MADRAS UNIVERSITY ACT, 1923

to the Senate at its next meeting and to the State Government within three Months of such publications.

(4) The Syndicate shall also prepare before such date as may be prescribed by the Statutes the Financial estimates for the ensuing year.

(5) The Financial estimates prepared by the Syndicate with the remarks of the Finance Committee thereon and the Annual accounts shall be placed before the Senate for approval at its annual meeting and the Senate may pass resolutions with reference thereto and communicate the same to the Syndicate which shall take action in accordance therewith.]

34

THE MADRAS UNIVERSITY ACT, 1923 53

CHAPTER V

1[THE ACADEMIC CounciL, THE FACULTIES,

THE BOARDS OF STUDIES, THE FINANCE COMMITTEE

AND OTHER AUTHORITIES. ]

22. The Academic Council shall be the Academic 44 yyy of authority of the University and 1923 and The Academic shall subject to the provisions Act XII of Council of this Act and the Statutes, have /929. the control and general regulation

of teaching and examination within the University and be responsible for the maintenance of the standards thereof and shall exercise such other powers and perform such other duties as may be prescribed. 23 ?(a) The Academic Council shall, in addition to ice- i Act XIT [Constitution of revi' Chancellor, consist of the ' eo a a the Academic ollowing persons, namely- dct 2 of

Council 1966.

Ex-Officio Members

(1) The Director of Higher Education, Madras;

(2) The Director of Secondary Education, Madras; tet t

(3) The Director of Technical Education, Madras; ofl 966.

"[(3-A) The Director of Medical Education.]

(4) The Heads of University Departments of Study and Research.

(5) Members of the Syndicate, who are not otherwise members of the Academic Council ;

1 Substitution of the heading by the Madras University Amendment Act 1966.

2 Sub Section for Original by the Madras Act 2 of 1966.

3 Substitution of the marginal heading by the Madras University Amendment Act 1966.

4 This Clause was added by the Tamil Nadu Act 42 of 1979.

35

54 THE MADRAS UNIVERSITY ACT, 1923

(6) The Librarian of the University Library;

(7) The Principals of Post-graduates colleges and professional colleges excluding training colleges;

(8) The Principals of all other affiliated colleges excluding training colleges who have served as Principals for not less than three years.

Other Members

(1) Five members elected by the Senate from among its members who are not engaged in teaching;

(2) Five members elected by the Principals of affiliated training colleges, from among themselves;

(3) Five members elected by the teachers of affiliated training colleges including physical directors but excluding principals, tutors, demonstrators and physical instructors of such colleges, from among themselves;

(4) Three members elected by the teachers of approved colleges including Principals and Physical Directors but excluding tutors, Demonstrators and Physical Instructors of such colleges from among themselves of whom two shall be from colleges providing courses of study for admission to the examinations for titles and diplomas of the University and the remaining shall be from colleges providing courses of study for admission to the *Pre-University examination of the University.

(5) One member from each post-graduate college who is not Principal of such college, elected by the teachers of the college, including physical directors but excluding the principal, tutors, demonstrators and physical instructors, from among themselves.

(6) One member from each professional college, not being an affiliated training college, who is not the principal of such college by the teachers of the college including physical directors but excluding * It is now known as Higher Secondary Examination of the State Board.

36

THE MADRAS UNIVERSITY ACT, 1923 55

the Principal, Tutors, Demonstrators and Physical Instructors, from among themselves;

(7) One member from each affiliated college other than a post- graduate college or a professional college including an affiliated training college who is not the principal of such college elected by the teachers of the college including physical directors but excluding the Principal, Tutors, Demonstrators and Physical Instructors, from among themselves;

8) One member elected by headmasters of high schools in each of the following revenue districts or groups of revenue districts, from among themselves namely;

(a) Coimbatore and the Nilgiris

(b) Salem and Dharmapuri

(c) North Arcot

(d) Chingleput and Madras

(e) South Arcot

(f) Thanjavur

(g) Tiruchirappalli

(9) Six members nominated by the Chancellor on the recommendation of the Vice-Chancellor to represent Tamil, Sanskrit, Hindi and other languages ; and

(10) One member nominated by the Chancellor on the recommendation of the Vice-Chancellor to represent physical education:

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

1. This clause was substituted by Tamil Nadu Act 9 of 1992 * This clause was inserted by the Tamil Nadu Universities Law (Amendment) Act, 1997 (Act No. 41 of 1998)

37

56 THE MADRAS UNIVERSITY ACT, 1923

Act 2 of

1966

Act 2 of

1966

(ii) 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 for the purpose of this Clause.

Explanation : For the purpose of this Clause, the expression "period" shall include the period held prior to the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act, 1991, in the Tamil Nadu Government Gazette.

Provided also that where an elected or 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 be 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 Academic Council by virtue ofhis 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 choice, he shall be deemed to have vacated his office as an elected or nominated member. [Provided also that a member elected by the Senate from its own body who is not engaged in teaching shall cease to be a member of the Academic Council if he subsequently becomes engaged in teaching. |

(c) When a person cease to be 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.

1 Proviso substituted for Original by Madras University Amendment Act 1966 (Madras Act 2 of 1966).

38

THE MADRAS UNIVERSITY ACT, 1923 57

1[24. Subject to the provisions of this Act, the Academic Council shall have the

Powers of the .

following powers, namely:-

Academic Council

(a) to make Regulations and amend or repeal the same ;

(b) to advice the Senate and Syndicate on all academic matters ;

(c) to make proposals to the Senate and the Syndicate for theinstitution of professorships, Readerships, lectureships, or other teaching posts and in regard to the duties and emoluments thereof ; *[(d) to make Regulations regarding the special courses of study or division of subjects in University colleges and laboratories and °[affiliated and approved colleges. |

2(e) to make Regulations for the encouragement of co-operation and reciprocity among University colleges and laboratories and [affiliated and approved colleges] with a view to promoting academic life ; 2(f) to make Regulations regarding courses of study, examinations and the conditions on which students of University colleges and laboratories and of [affiliated and approved colleges] shall be admitted to examinations of the University ;

(g) to constitute Faculties in Arts, Science, Law, Medicine Engineering, Technology, Teaching, Agriculture, Commerce, *Indian and other Languages, Indian System of Medicine Veterinary Science, Fine Arts and such other subjects as may be prescribed ;

1 This section was substituted for the Original by Section 23 of the Madras University (Amendment) Act, 1929 (Madras Act XII of

1929).

2 Vide Amendment Act. 1943 (Madras Act No. XXVII_ of 1943).

3 Substituted by the Madras University Amendment Act 1966. As amended

by Act

XXVII of

1943 & Act

2 of 1966

58 THE MADRAS UNIVERSITY ACT, 1923

As amended

by Act

XXVII of

1943

Act 2 of

1966

Act XII of 1929 and Act 2 of

1966

'(h) to make proposals to the Syndicate for the framing Ordinances for the management of University colleges and laboratories, libraries and institutes of research, hostels instituted by the University and other institutions established by the University.

(i) to recommend to the Senate schemes for the Constitution or reconstitution of departments of teaching ;

7[(j) to advice the Syndicate on the promotion of research in the University] ;

3[jj) to receive and to call for and to consider reports from the Syndicate reviewing the instruction and teaching of the University and the research work done in the University :] and

*(k) to appoint a Standing Committee of which not less than one-third shall be members of the Academic Council who are principals or teachers of affiliated colleges and to delegate to it such of its powers as it may deem fit.]

4[25 (1) [The University shall include Faculties of Arts, Science, Law, Medicine, Engineering, **(Technology, Teaching, Agriculture, Commerce, Indian and other languages,

Indian System of Medicine,

Veterinary Science and Fine Arts) and such other Faculties as may beprescribed by the Statutes. Each Faculty shall comprise such departments of teaching as The faculties

1 Vide Amendment Act 1943 Act No. XXVII of 1943. 2 & 3 Substituted for original by the Madras University Amendment Act 1966,

* Subsequently amended vide Regulation 2 of Chapter XVI pending Act amendment.

4 This Section was substituted for the original by Section 24 of the University (Amendment) Act, 1929 (Madras Act XII of 1929.) ** Words substituted by the Madras University Amendment Act 1966.

40

THE MADRAS UNIVERSITY ACT, 1923 59

may be prescribed by the Ordinances. The constitution and functions of the Faculties shall in all other respects be prescribed by the Regulations; provided that not less than three-fourths of the total number of members of every Faculty shall be members of the Academic Council.]

***7(2) Notwithstanding anything contained in sub-section (1), the Academic Council may, on the recommendation of the Syndicate, appoint any teacher of the University as a member of Faculty. 1[25-A. There shall be Boards of Studies attached to each department of teaching.

The constitution and power of the

Boards of Studies shall be

prescribed by the Ordinances. ]

The Boards of

Studies

[26.[(1) The Finance Committee shall consist of the following five members,

namely:

Finance

Committee

(i) The Vice-Chancellor :

3[(ii) The Secretary to Government in-charge of Finance or any officer nominated by him.]

(iii) Three members nominated by the Syndicate from among its members.

(2) If for any reason the officer referred to in Clause

(ii) of sub-section (i) is unable to attend any meeting of the Finance Committee, he may depute any officer of the department to attend such meeting. The officer so *** Inserted by the Madras University Act 2 of 1966.

1 This Section was inserted by section 15 of the Madras University (Amendment) Act, 1929 (Madras Act XII of 1929)

2 New section inserted by the Madras University Act 2 of 1966

3. This Clause was substituted by the Tamil Nadu Act 9 of 1980. Act 2 of

1966

Act XII of

1929

Act 2 of

1966

60 THE MADRAS UNIVERSITY ACT, 1923

Act VII of

1923.

Act XII of

1929.

deputed shall have the right to take part in the discussions of the Committee and shall have the right to vote. (3)(i) The Syndicate shall, in the manner prescribed by the Ordinances, prepare the Financial Estimates of the University and place the same before the Finance Committee.

(ii) The Finance Committee shall then scrutinize the said Estimates and may make such modifications therein as it considers necessary.

(iii) 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 and place the estimates as so modified before the Senate for approval. If the Syndicate does not accept the modifications, it shall place before the Senate the estimates, the modifications made or the objections raised by the Finance Committee and the reason for the non- acceptance. The Senate shall consider the estimates so laid before it and shall sanction the same either without modifications or with such modifications as it thinks fit. Provided that the Senate shall not make any modifications in the estimates which have the effect of increasing the estimates of expenditure or reducing the estimates of income.

27. [Omitted]

28. The constitution of such other 7[bodies] as may be declared by the Statutes to be

Constitution of authorities of the University shall other bodies be provided for in the manner prescribed.

1. This Section was omitted by Section 26 of the Madras University (Amendment) Act, 1929 (Madras Act XII of 1929.)

2. This was substituted for the word "Authorities" by section 27, ibid.

42

THE MADRAS UNIVERSITY ACT, 1923 61

CHAPTER VI

STATUTES, ORDINANCES AND REGULATIONS

29. Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:-

(a) the constitution, '[or reconstitution] powers and duties of the authorities of the University;

(b) the conditions of recommendation by the Senate of *[any area within the State of Madras except the area comprising the revenue districts of Madurai, Ramanathapuram, Tirunelveli and Kanyakumari] to be recognized by the Government as '[University centre]; [(c) the conditions of recognition of approved colleges ; and of affiliation to the University of affiliated Colleges 5]

[(cc) 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 college including the constitution or reconstitution, powers and duties of academic council, staff councils, board of studies and boards of examiners. ]

(d) the institution and maintenance of University college and laboratories and hostels; a & b Words inserted by the Madras Act 2 of 1966.

1. This Clause was substituted for the original by the Madras University Amendment Act 1956.

2. This Clause was substituted by the Tamil Nadu Act 10 of 1977. Act VI of

1923

Act XII of 1929 and Act 2 of

1966.

Act 10 of

1977

As amended by Act

XXVII of

1943

62 THE MADRAS UNIVERSITY ACT, 1923

Act 2 of

1966.

Act VII of 1923 and Act XH of

1929.

1T(e)] the powers, duties and conditions of service of the officers of the University other than the Chancellor and the Pro-Chancellor ;

'[(f)] the holding of convocations to confer degrees; 1[(g)] the conferment of honorary degrees ; '[(h)] the administration of endowments and the institutions and conditions of award of fellowships, travelling fellowships, scholarships, studentships, bursaries exhibitions, medals and prizes ; 1[(i)] the classification and the mode of appointment of the teachers of the University;

2[(j)] the institution of pension, '[gratuity] or provident fund for benefit of the teachers of the University or its servants;

'T(k)] the maintenance of a register of registered graduates ?[and]

1[(i)] all matters which by this Act may be prescribed by Statutes.

30. *[(1) The Senate may of its own motion take into consideration the draft of any Statutes how Statute; provided, that in any made. such case before a Statute is passed affecting the powers or duties of any officer or authority, the opinion of the Syndicate and a report 1 &2 Clauses (e) and (m) were omitted and Clause (f), (g), (h), (i), G), (kK), (D, and (n) were relettered as (e), (f), (g), (b), @, G), ), and (1) respectively by section 28 of the Madras University (Amendment) Act, 1929 (Madras Act XII of 1929) and for Clauses

(e) and (h) as so relettered other clauses were substituted by Section 28, ibid.

3 This word was inserted by Section 28, ibid.

4 Sub-sections (1) and (2) were omitted and Sub-section (3) to (6) were renumbered (1) to (4) respectively by Section 29 ibid.

"Words inserted by the Madras Act 2 of 1966.

44

THE MADRAS UNIVERSITY ACT, 1923 63

from the person or authority concerned shall have been taken into consideration by the Senate. 1[(2)] The Syndicate may propose to the Senate the draft of any Statute. Such draft may be considered by the Senate at its next succeeding meeting. The Senate may approve such draft and pass the Statute or may reject it or return it to the Syndicate for reconsideration either in whole or in part, together with any amendments which the Senate may suggest. After any draft so returned has been further considered by the Syndicate, together with any amendments suggested by the Senate, it shall be again presented to the Senate with the report of the Syndicate thereon, and the Senate may then deal with the draft in any manner it thinks fit.

1[(3)] Where any Statute has been passed by the Senate or a draft of a Statute? recommended by the Syndicate has been rejected by the Senate it shall be submitted to the Chancellor who may refer the Statute or draft back to the Senate for further consideration or in the case of a Statute passed by the Senate assent thereto or withhold his assent. A Statute passed by the Senate shall have no validity until it has been assented to by the Chancellor.

1[(4)] The Syndicate shall not purpose the draft of any Statute or of amendment to a Statute-

(a) affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion upon the proposal ; any opinion so expressed shall be in

1 Sub-sections (1) and (2) were omitted and Sub-sections (3) to (6) were renumbered as (1) to (4) respectively by Section 29 of the Madras University (Amendment) Act. 1929 (Madras Act XII of

1929.)

2 Words inserted by the Madras University Amendment Act 1966.

45

THE MADRAS UNIVERSITY ACT, 1923

Madras

Act 2 of

1966

Act VII of 1923 and Act XH

of 1943 As amended by Act 1943 writing and shall be considered by the Senate and shall be submitted to the Chancellor ; or

'[(b)] affecting the conditions of affiliation or approval of affiliated or approved colleges with the University or by the University, as the case may be, [or] except after consultation with the Academic Council.] 3(c) affecting the conditions of designation of any college as an autonomous college.

31. Subject to the provisions of this Act and the Statutes, the Ordinances may

provide for all or any of the

following matters, namely:-

Ordinance

(a) the admission of students to the University and the levy of fees in University Colleges and laboratories* 4[(b)] the conditions of residence of the students of the University and the levy of fees for residence in hostels maintained by the university ;

4[(c)] the conditions of recognition of hostels not maintained by the university.

'[(d)] the *[**] qualifications and emoluments of teachers of the University ;

1. Substituted for the original by the Madras University Amendment Act, 1966

This Clause was inserted by the Tamil Nadu Act 10 of 1977. This clause was substituted by the Tamil Nadu Act 10 of 1977. Vide Amendment Act. Act XXVII of 1943, Section 8 (p.52)

4. Clause (b) was omitted and clauses (c) to (j) were relettered as

(b) to (Gi) respectively by Section 30 Madras Act XII of 1929.

5. The word "Member" was omitted by section ibid.

46

THE MADRAS UNIVERSITY ACT, 1923 65

'T(e)] the fees to be charged for courses of teaching given by teachers of the University ?[and] for tutorial and supplementary instruction given by the University 3 [ * ]

'[(f)] the conditions subject to which persons who may hereafter be permanently employed may be recognized as qualified to give instructions in '[affiliated and approved] colleges and hostels;

1[(g)] the appointment and duties of examiners ; '[(h)] the conduct of examinations ; and

'[G)] all matters which by this Act or by the Statutesmay be provided for by the Ordinances.

32. 5[(1)] In making Ordinances the Syndicate shall consult-

Ordinances

how made.

(i) the Boards of Studies when such Ordinances affect the appointment and duties of examiners; and

(ii) the Academic Council when they affect the conduct or standard of examinations, or the conditions of residence of students.

(2) All Ordinances made by the Syndicate shall have effect from such date as it may direct, but every Ordinance so made shall be submitted as soon as may be to the Chancellor and the Senate and shall be

1 Clause (b) was omitted and clauses (c) to (j) were relettered as

(b) to (i) respectively by Section 30 Madras Act XII of 1929.

2 This words were inserted by Madrs University Amendment Act 1967.

3 The words "for Admission to the examination degrees and diplomas of the University nd for the registration of graduates", were omitted by section 30 ibid.

4 Substituted by the Madras University Amendment Act 1966.

5 Sub-section (1) was substituted for the original by Section 31 ibid. Act VI of

1923 and

Act XII of

1929

66 THE MADRAS UNIVERSITY ACT, 1923

Act VII of

1923.

considered by the Senate at its next succeeding meeting. The Senate have power by a resolution passed by majority of not less than two-thirds of the members present at such meeting to cancel or modify any such Ordinance.

(3) The Chancellor may direct that the operation of any Ordinance shall be suspended until such time as the Senate has had an opportunity of considering the same.

33. The Academic Council may make Regulations consistent with this Act and the Statutes to carry out the duties assigned to it thereunder.

Regulations

how made

All such Regulations shall have effect from such date as theAcademic Council may direct; but every Regulations so made shallbe submitted as soon as may be to the Senate who shall considerit at its meeting. The Senate shall have power, by a resolution passed by a majority of not less than two thirds of the members present at such meeting, to cancel or modify any such Regulation.

48

THE MADRAS UNIVERSITY ACT, 1923 67

CHAPTER VI

ADMISSION AND RESIDENCE OF STUDENTS

34. Every student of the University '[otherthan Act VI of the non-collegiate student] shall

reside in a hostel or under such

conditions as may be prescribed.

Residences

and Hostels

1135. No candidate shall be

Admission to admitted to any University

University examination unless he is enrolled examinations as a member of a University college or laboratory or of an

affiliated 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.]

(36. (1) No person shall be

Admission to admitted to the pre - University University Course or other entrance courses Courses. of study in the University unless he-

(i) has passed the Matriculation examination; or

(ii) holds the Secondary School-Leaving Certificate and has been declared eligible by the

1 Substituted for the original by Madras Act II 1966

2 Substituted for the original Section by the Madras University Amendment Act 1966 (Madras II of 1966.)

1923

Act If of

1966

68 THE MADRAS UNIVERSITY ACT, 1923

Syndicate under conditions prescribed by the University authorities concemed or such course or courses of study ; or

(iii) has passed an examination of any University or authority recognised by the Syndicate as equivalent to the examinations specified in clause (i) or clause (ii) and

(iv) fulfills such other conditions as may be prescribed by the Syndicate.

(2) No person shall be admitted to a course of study in the University for Admission to the examination for degrees of the University in Arts and Science unless he-

(i) has passed the *pre-University examination of the University or

(ii) has passed an examination of any other University or authority recognised by the Syndicate as equivalent to the examination referred to in clause (i) and

Gii) fulfills such other conditions as may be prescribed by the Syndicate.

(3) No person shall be admitted to a course of study in the University for admission to the examination for a professional degree of the University unless he-

(i) has passed the relevant examination prescribed therefore by the Syndicate;

(ii) has obtained such minimum percentage of marks in such subjects in the relevant examination as may be prescribed by the Syndicate ; and

(iii) fulfills such other conditions as may be prescribed by the Syndicate.

* Now Higher Secondary Examination (+2) Conducted by the Directorate, Government Examinations.

50

THE MADRAS UNIVERSITY ACT, 1923 69

(4) No person shall be admitted to any course study for admission to the examinations for titles, diplomas or certificates of the University unless he-

(i) has passed the entrance test prescribed thereof by the Syndicate ; and

(ii) fulfills such other conditions as may be prescribed by the Syndicate.

(5) 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 an affiliated or approved college. Any such exemption may be made subject to such conditions as the Syndicate may think fit.

(6) Students exempted from the provisions of sub section (5) 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. |

37. Notwithstanding anything contained in Section 36, at any time after the passing

Control of of this Act if the Local government entrance : : mon is satisfied that other adequate examination to arrangements have been made for the University. the supervision and control of institutions preparing candidates for the entrance examination to the University, the Local Government may by notification direct that the University shall cease to exercise any control over the recognition of such institutions and from the date of such notification the University shall cease to exercise such control. Act VIT

of 1923

asAmended

by the GOL.

(Adaptation

of Indian

Laws)

Orders,

1937 and

1940

70 THE MADRAS UNIVERSITY ACT, 1923

CHAPTER VIII

GENERAL

Act I of 1138. All casual vacancies among the member 1966 (other than ex-officio members) of Filling of casual any authority or other body of the vacancies. University shall be filled as soon as conveniently may be, by the person or body who or which nominated or elected a member whose place has become vacant and the person nominated or elected to acasual vacancy shall be 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 elections 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 think 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. 2(39. No act or proceedings of any authority or other Proceedings of the body of the University shall be University authorities validated merely by reason of and bodies not the existence of any vacancy or invalidated by of any defect or irregularity in vacancies. the election or appointment of a member of any authority or

1. Substituted of a new Section for the original by the Madras University (Amendment) Act 1966.

2. Substituted ofnew Section by the Madras University (Amendment) Act 1966.

52

THE MADRAS UNIVERSITY ACT, 1923 71

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 Senate did not meet twice in any year. ] 1[40.(1) The Senate may. —

(a) on the recommendation of not less than Removal from two thirds of the members of the Syndicate membership of remove by an order in writing made in this behalf the University the name of any person from the register of graduates; or

(b) 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 Senate and by a majority of not less than two thirds of the members of the Senate 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 Senate involves moral turpitude or if he has been guilty of gross misconduct and for the same reason, may withdraw any degree or diploma conferred on, or granted to that person by the University.

(2) The Senate 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 suffers from leprosy 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. |

1. Substituted of new Section by the Madras University (Amendment) Act 1966.

53

72 THE MADRAS UNIVERSITY ACT, 1923

Act VI of

1923

Act H of

1966

Act XII of

1929

Act VI of 1923 as amended by the GOL. (Adaptation of Indian Laws)

Order.

1937.

41. Ifany question arise whether any person has Disputes as to been duly elected or nominated as constitution of or is entitled to be a member of any University any authority '[or other body] of authority. the University, the question shall be referred to the Chancellor

whose decision thereon shall be final.

42. *[All the authorities of the University shall have power to appoint committees

and to delegate to them such of

their powers as they deem fit ;

such committees shall, unless there be some special provision in the Act to the contrary, consist of such members of the authority concerned and of such other persons, if any, as the authority in each case may think fit.]

Constitution of

Committee

43. (1) Save as otherwise provided every salaried officer and teacher of the

University shall be appointed

under a written contract.

Conditions of

Service.

The contract shall be lodged with the Register of the University and a copy thereof shall be furnished to the officer or teacher concerned.

(2) Any member of the public services in India whom it is proposed to appointment to a post in the University shall, subject to the approval of such appointment by the ?Government concerned have the option-

1 Words inserted by the Madras University Amendment Act 1966 (Madras Act II of 1966.)

2 This Section was substituted for the original by Section 35 of the Madras University (Amendment) Act, 1929 (Madras Act XII of 1929.)

3 Vide Amendment to Section 43 of the Act by the Government of India (Adaptation of Indian Laws) Order, 1937.

54

THE MADRAS UNIVERSITY ACT, 1923 73

(i) of having his services lent to the University for a specific period and remaining liable to recall to Government service at the option of the government at the end of that period, or

(ii) of resigning Government service on entering the service of the University ; provided, however, that nothing in this Section shall prohibit the employment of a member of the public services as a _part- time servant of the University with the approval of the Government.

55

74

Act IT of 1966. Act VI of 1923 as amended by the

(Adaptation of Indian Laws)

Orders, 1937 and 1940.

THE MADRAS UNIVERSITY ACT, 1923

CHAPTER IX

UNIVERSITY FUNDS

1[44. The University shall have a fund to Which F shall be credited-

unds of the

University.

(1) its income from fees. Endowments, grants donations and gifts, if any; and

(2) any contributions by the Central Government, any State Government, the University Grants Commission or like authority, and local authority or any other corporation owned or controlled by the Central or any State Government. ]

45. The Local Government at any time after the passing of this Act transfer to the Transfer of University the control and Government management of any of its Institution to institutions on such terms and University conditions, as it may deem proper.*

1 Substitution of new Section by Madras University Amendment Act 1966 (Madras Act II of 1966).

The following sentence was omitted by the Government of India (Adaptation of Indian Laws) Order, 1937:-

"In the case of such transfer, the Local Government shall make a contribution annually of a sum equivalent to the average annual net expenditure from Provincial Funds on the institution during the three years immediately preceding the year of transfer."

*

THE MADRAS UNIVERSITY ACT, 1923 75

CHAPTER X

TRANSITORY PROVISIONS

46. Notwithstanding anything contained in this 4ct yi of

. Act or the Ordinances, any 923. Completion of student of a college affiliated to Course for students . .

in colleges affiliated the University of Madras, t S established under Act XXVII of o the Madras h dvine fi

University under 1857, who was studying for any the previous Act. examination of the said University, shall be permitted to

complete his course in preparation therefor and the University shall hold for such students examinations in accordance with the curricula of studies of the University for such period, as may be prescribed.

47. Notwithstanding anything containedin sub 44 yy of Appoi f section (1) of Section 11 within 923.

i. ae ° three months after the passing of rst ae this Act, the first vice-Chancellor Chancellor. .

shall be appointed by the

Chancellor on a salary to be fixed by him for a period not exceeding three years and on such other conditions, as he thinks fit.

48. (1) It shall be the duty of the Vice-Chancellor Act VII of

. to make arrangements for /923 Transitory constituting the Senate, the amended powers of the . . .. bythe

. Syndicate, the Academic Council Vice-Chancellor. - . : GOI. a and the *Council of Affiliated (Adaptation Colleges within six months after the date of his of Indian appointment or such longer period not exceeding one Laws) year as the Local Government may by notification direct. der M0 937 an

* Abolished under the provision of the Amendment Act of 1929.

57

76 THE MADRAS UNIVERSITY ACT, 1923

Act Vi of

1923 as

amended by

the G.O.L.

(Adaptation

of Indian

Laws)

Orders 1937

and 1940.

Act VII of

1923.

(2) The Vice-Chancellor shall with by assistance of an Advisory Committee nominated by the Chancellor draw up any rules that may be necessary for regulating the method of election to these authorities subject to the provisions of the Act and the approval of the Chancellor.

(3) The authorities constituted under sub-section (1) shall commence to exercise their functions on such date or dates as the Local Government may by notification direct.

(4) The Regulations of the University of Madras in force at the time of the coming into operation of Sections 3 and 4 of this Act shall, so far as they may be applicable, continue to be in force until they are replaced by the Statutes, Ordinances and Regulations to be framed under this Act.

(5) It shall be the duty of the Vice-Chancellor to draft such Statutes, Ordinances and Regulations as may be necessary and submit them to respective authorities competent to deal with them for their disposal. Such Statutes, Ordinances and Regulations when framed shall be published in the Fort St. George Gazette. First appointment 49. The Vice-Chancellor shall of University have power

Staff

(1) to appoint such advisory committees as he may think fit, and

(2) to appoint such clerical and menial staff as may be necessary subject to the sanction of the Chancellor.

58

THE MADRAS UNIVERSITY ACT, 1923 77

50. (1) If any difficulty arises as to the first Act Vilof constitution or reconstitution of /973

Removal by Local any authority of the University amended by Government of > the GOL.

difficulties at the after the commencement of this (Adaptation commencement Act, or otherwise in first giving of Indian of the Act. effect to the provisions of this Laws) Act, the Local Government,as Orders.

occasion may require, may by order do anything which tot and appears to them necessary for the purpose of removing the difficulty.

\(2) Every order issued under sub-section (1) shall 4c¢ 11 of as soon as possible after it is issued, placed on the table 1966 of both Houses of the Legislature and if, before the expiry of the session in which it is so placed or the next session, both Houses agree in making any modification in any such order or both Houses agree that the order should not be issued, the order 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 order. |

1. Inserted by the Madras University Amendment Act 1966 (Madras Act ILof 1966.)

59

78 THE MADRAS UNIVERSITY ACT, 1923

Act VII of

1923

Act VII of 1923 as amended by the GOI. (Adaptation of Indian Laws)

Orders.

1937 and

1940

Act If of

1966.

CHAPTER XI

MISCELLANEOUS

51. All [properties], all rights of whatever kind used, enjoyed or possessed by, and Passing of property all interests of whatever kind and rights to the ' :

*oret owned by, or vested in, or held in University as b for th , oy of reconstituted. trust by, or for the University

o

Madras as constituted under the

Indian Universities Act, 1904 as well as all liabilities legally subsisting against the said University shall pass to theUniversity as constituted under this Act.

52. Where a pension or provident fund has been instituted by the Senate for the Provident Fund benefit of the officers, teachers or servants of the University, the

Local Government may declare that the provisions of the Provident Fund Act, 1897, shall apply to such fund as if the University were a local authority and the fund a Government Provident Fund.

?[53. The Senate shall, at the end of every five years from the date of commencement

R t I

affiliated and of the Madras University

approved (Amendment) Act, 1966 submit

a

colleges. report to the State Government on the condition of affiliated and

approved colleges. The State Government shall lay the report on the table of both Houses of the Legislature and shall take such action on it as they deem fit.]

1. This word was substituted for the word "property" by Section 37 of the Madras University (Amendment) Act, 1929 (Madras Act XII of

1929.)

2. substituted for original by the Madras University Amendment, Act

1966.

60

THE MADRAS UNIVERSITY ACT, 1923 79

1154. Notwithstanding anything contained in this Act or any other law for the time being

Power to Obtain in force, the State Government information may by order in writing call for any information from the University on

any matter relating to the affairs of the University and the University shall if such information is available with it, furnish the State Government with such information within a reasonable period;

Provided that in the case of information which the University considers confidential, the University may inform the State Government that such information cannot be made available to the State Government and shall place the same before the Chancellor. ] 2[54-A. (1) Every person ordinarily resident in the State of Madras except the area

comprising the revenue districts of

Madurai, Ramanathapuram,

Tirunelveli and Kanyakumari, who

Registration of

graduates.

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

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

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

1 & 2 substituted for original by the Madras University Amendment, Act 1966.

Act Il of

1966

Act IT of

1966

80 THE MADRAS UNIVERSITY ACT, 1923

Act VIT

of 1923

Act XI of

1929

Act XTI of

1929

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

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

55. As from the date on which Sections 3 and 4 are brought into operation the

enactments specified in Schedule II shall be repealed to the extent specified in the fourth column thereof. '[56.The Statutes, Ordinances and Regulations in force, at the time of

Repeal of certain

enactment.

Existing Statutes

Ordinances and commencement of this Act shall Regulations to continue to be in force until they Continue in force are replaced by Statutes, till replaced. Ordinances or Regulations framed under the said Act as

amended by this Act.]

2(57. In their application to the members of the Transitory Senate, Syndicate and Academic provision re- Council in office at the existing members of COmmencement of this Act and Senate, Syndicate the first reconstitution of these and Academic authorities in accordance Council. therewith, the provisions of the said Act and of this Act shall be

read subject to the rules contained in the schedule. 1 & 2 Sections of the Madras University (Amendment) Act 1929. (Nos. 40 and 41), which have not been incorporated in the Madras University Act. 1927.

62

THE MADRAS UNIVERSITY ACT, 1923 81

Additional Provisions in the Madras University (Amendment) Act, 1966

Constituent and .

Oriental Colleges Section 33 — (1) All colleges tobe deemed tobe Which, immediately before the affiliated and date of commencement of this Act approved colleges

(a) continue to be recognized by the University of Madras as__ constituent colleges or as oriental colleges; and

(b) provide courses of study for admission to the Examination for degrees of the University of Madras.

shall be deemed to be colleges affiliated to the University of Madras under the Principal Act as amended by this Act and the provisions of the Principal Act as amended by this Act shall, as far as may be, apply accordingly.

(2) All colleges which immediately before the date of the commencement of this Act continue to be recognised by the University of Madras as-

(a) Oriental colleges providing courses of study for admission to the examinations of the University of Madras for titles and diplomas ; and

(b) Colleges providing courses of study for admission to the Pre-University examination of the University of Madras.

shall be deemed to be colleges approved by the University of Madras Under the Principal Act as amended by this Act and the provisions of the Principal Act as amended by this Act shall, as far as may be, apply accordingly. Sec. 33

Madras

Act I of

1966

82 THE MADRAS UNIVERSITY ACT, 1923

Sec. 34

Act II of

1966

Sec. 35 Act IT of

1966

Sec. 36 Act II of

1966

Section 34 :- Notwithstanding anything contained in the Principal Act or in this Act, office of members all persons holding office as oe Members of the Senate, the

of the University of . h .

Madras. Syndicate and the Academic Council on the date of the

commencement of this Act shall continue to hold office up to such date as the State Government may, by notification, fix in this behalf, or where no such date is fixed, upto the date on which their term of office would have expired if this Act had not come into force. Continuance in

Section 35:- The Vice-Chancellor of the

Continuance in the University of Madras holding office of the Vice. Office on the date of the Chancellor of the | COmmencement of this Act shall be University of deemed to be the Vice- Chancellor Madras appointed under the Principal Act

as amended by this Act and shall

continue to hold office upto the date on which his term of office would have expired if this Act had not come into force.

Section 36 :- Nothing contained in the Principal Act as amended by this Act shall

Act not to apply to eee

certain colleges and apply to colleges and institutions Institutions situated in the Area comprising the revenue districts of Madurai,

Ramanathapuram, Tirunelveli and Kanyakumari.

64