ANNAMALAI UNIVERSITY ACT, 1928 THE ANNAMALAI UNIVERSITY ACT, 1928 [Act No. 01 of 1929][1] [1st January 1929] An Act to establish and incorporate a Teaching and Residential
University at Annamalainagar. WHEREAS it is desirable to
establish a Teaching and Residential University for the encouragement of higher
education and research in the Tamil districts of the Presidency of Madras; AND WHEREAS the Hon'ble
Diwan Bahadur Sir S.R.M. Annamalai Chettiyar has established and is maintaining
Colleges at and near Chidambaram in which higher instruction is imparted in
English, Tamil and Sanskrit studies; AND WHEREAS the said Sir
Annamalai Chettiyar has agreed with the Local Government to hand over the said
institutions together with all the properties attached thereto and further to
give a sum of twenty lakhs of rupees for the purposes of establishing and
maintaining at Annamalainagar a Teaching and Residential University wherein he
and his heirs shall be entitled to certain powers and privileges; It is hereby enacted as
follows:-- (1) This Act
may be called The Annamalai University Act, 1928.
Preamble - THE ANNAMALAI UNIVERSITY ACT, 1928PREAMBLE
Section 2 - Definitions
In this Act, unless there
is anything repugnant in the subject or context:--
(a)
'Annamalainagar' means the area described in the Schedule;
(b)
'Convocation' means any meeting of the University for the
conferring of degrees, diplomas or other distinctions;
(c)
'Founder' means the Hon'ble Diwan Bahadur Sir S.R.M. Annamalai
Chettiyar, and after him his son, Mr. M.A. Muthiah Chettiyar, and for all time
after the lives of the said two persons, in respect of every vacancy, any adult
male member chosen by the Chancellor from among the members of the said Sir
Annamalai Chettiyar's family consisting of his other sons and his descendants
tracing their descent through miles, and if no such member exists or if one
such exists and he does not consent to act as Founder, or if no such member is
competent in the opinion of the Chancellor to act as Founder, then and until
such a competent member comes into existence and is willing to act, or one who
was not competent becomes competent, an adult male member of the said family
chosen by the Chancellor from among the said Sir Annamalai Chettiyar's
descendants tracing their descent from him through a female or females:
Provided that in any case
of a person who traces his descent from the said Sir Annamalai Chettiyar
through a female or females, such person shall hold office only till a member
of the said Sir Annamalai Chettiyar's family claiming through males is chosen
by the Chancellor.
For the purpose of this definition
(i) any person adopted into the said family and his descendants shall be deemed
to be members of the family, and (ii) no one born in the said family but
adopted out of it shall be deemed to be a member thereof except Ramanathan
Chettiyar, son of the said Sir Annamalai Chettiyar, but given in adoption to
his brother Diwan Bahadur Ramaswami Chettiyar, deceased and those tracing
descent from the said Ramanathan Chettiyar.
(d) 'Hostel'
means a place of residence for students of the University maintained or
recognized by it in accordance with the provisions of this Act;
(e) 'Prescribed'
means prescribed by this Act or the statutes or the regulations framed
thereunder;
(f) 'Teachers'
means Professors, Readers, Lecturers Tutors and such other persons as give
instruction to or take part in the training of, the students of the University
in the prescribed manner; and
(g)
'University' means the Annamalai University at Annamalainagar
constituted under this Act.
Section 3 - Purposes and powers of the University
The purposes and powers of
the University shall be the following namely:--
(a)
to provide?
(i)
for instruction in such branches of learning as the University may
think fit including professional studies and technology and
(ii)
for research and the advancement and dissemination of knowledge;
(b)
to grant and confer degrees and other academic distinctions to and
on persons who shall have?
(i)
pursued a course of study in the University and shall have passed
the examinations of the University in the manner prescribed or
(ii)
carried on research under conditions prescribed;
(c) to
supervise and control the residence and discipline of the students of the
University;
(d) to
establish and maintain hostels, and under prescribed conditions, to recognize
hostels not so established or maintained, and to withdraw such recognition;
(e) to create
such posts as are required for the University and appoint persons thereto;
(f) to
provide, in the manner prescribed, lectures and instruction for persons who are
not pursuing a course of study in the University, and to grant diplomas to
them;
(g) to confer
honorary or ad eundem degrees or other distinctions in the manner prescribed;
(h) to
institute and award fellowships, including travelling fellowships,
scholarships, medals and prizes in the manner prescribed;
(i) to demand
and receive such fees and other charges as may be prescribed;
(j) to
co-operate with other Universities and authorities for promoting the purposes
of this Act;
(k) to enter
into agreements with other bodies or persons for the purpose of promoting the
purposes of this Act including the assuming of the management of any
institution under them and the taking over of its properties and liabilities;
and
(l)
to do such other acts and things, whether incidental to the
purposes and powers aforesaid or not but not inconsistent therewith, as may be
requisite to further the purposes and objects of this Act,
Section 4 - Territorial jurisdiction of University
Save as otherwise provided
in this Act, the territorial jurisdiction of the University shall not extend
beyond a radius of ten miles from its Convocation Hall which shall be situated in
Annamalainagar. Notwithstanding any provision in any other law for the time
being in force, no educational institution beyond that limit shall form part of
or be recognized by or admitted to the privileges of the University and no such
institution within that limit shall similarly form part of or be recognized by
or seek admission to any privileges of any other University in corporated by
law in [5] [ ] India and any such recognition
granted by any such other University to any such institution within that limit
prior to the commencement of this Act shall be deemed to be withdrawn on the
commencement of this Act.
Provided that, if the [6][State
Government] so order, nothing in this section shall apply to any institution
established or maintained by the University for imparting instruction in
agriculture or other technological studies.
Section 5 - University open to all classes and creeds
No person shall be excluded
from membership of any of the authorities of the University, or from admission
to any degree or course of study, on the sole ground of sex, race, creed,
class, caste or political belief, and it shall not be lawful for the University
to adopt or impose, on any person, any test whatsoever relating to religious or
political belief or profession, in order to entitle him to be admitted thereto
as a student or to hold any office or appointment therein or to, graduate
thereat or to enjoy or exercise any privilege thereof except where in respect
of any particular benefaction accepted by the University such test is made a
condition thereof.
Section 6 - Admission to the University
The University may hold
examinations for regulating admission thereto or may with the previous sanction
of the [7] [State Government]
recognize examinations of other Universities or bodies as suitable for the
purpose; but it shall not maintain classes for the purpose of preparing
students for such admission.
Section 7 - Residence of students
Every person pursuing a
course of studies for any examination except the entrance examination and for
any degree or diploma, of the University except those referred to in clauses
(f) and (g) of section 3 shall reside in a hostel or lodgings maintained or
recognized by the University.
Section 8 - Officers of the University
The following shall be the
officers of the University namely:--
(1)
The Chancellor,
(2)
The Founder,
(3)
The Pro-Chancellor,
(4)
The Vice-Chancellor,
(5)
The Registrar,
(6)
The Deans of Faculties, and
(7)
Such other persons as may be declared by the Statutes to be
officers of the University.
Section 9 - The Chancellor: His powers
(1)
The [8]
[Governor of Madras]shall be the Chancellor of the University. He shall by
virtue of his office be the head of the University and shall, when present,
preside at meetings of the Senate and at Convocations.
(2)
The Chancellor shall exercise such powers as may be conferred on
him under the provisions of this Act.
(3)
The Chancellor shall be entitled to delegate all or any of his
functions to the Pro-Chancellor.
Section 10 - The Pro-Chancellor: His powers
(1)
The Founder shall be the Pro-Chancellor of the University.
(2)
The Pro-Chancellor shall in the absence of the Chancellor preside
at meetings of the Senate and at Convocations and shall also exercise such,
other powers as may be conferred on him under the provisions of this Act.
(3)
If for any reason the office of the Pro-Chancellor is vacant, the
functions of the said office shall be carried on by the Chancellor or by any
person authorized by him to do 80.
Section 11 - The Founder: His powers
(1)
The Founder shall hold office for life unless otherwise expressly
provided for in this Act.
(2)
The Founder may require the Vice-Chancellor to furnish him with
information and all papers or copies thereof relating to any matter concerning
the University. The Founder may also request further consideration of the
matter by the authorities or officers concerned or place his views thereon
before the Chancellor for his consideration, or may do both.
(3)
The Founder shall also exercise such other privileges as are
conferred on him under the provisions of this Act.
Section 12 - The Vice-Chancellor
(1)
The Vice-Chancellor shall be appointed by the Chancellor from a
panel of three persons recommended by the Founder. He shall, in the absence of
special orders by the Chancellor prescribing a shorter period hold office for a
term of three years from the date of the notification of his appointment in
the [9]
[Official Gazette].
(2)
The Vice-Chancellor may either be an honorary officer or be paid
such salary as may be prescribed.
(3)
When any vacancy occurs in the office of Vice-Chancellor, the
Syndicate shall, as soon as possible, appoint one of its own members to
exercise the powers and perform the duties of the Vice-Chancellor during the
continuance of the vacancy.
Section 13 - Powers and duties of the Vice-Chancellor
(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 Convocations. He shall ox-officio be a
member and the Chairman of the Academic Council and of the Syndicate.
(2)
The Vice-Chancellor shall in the manner prescribed convene
meetings of the Senate, the Academic Council and the Syndicate.
(3)
In any emergency which in the opinion of the Vice-Chancellor
requires that immediate action should be taken, he may take such action and shall
immediately thereafter report his action to the authority or officer which or
who would have ordinarily dealt with the matter and such authority or officer
may confirm, alter or quash such action.
(4)
The Vice-Chancellor shall have the power to appoint the clerical
staff and other servants of the University.
(5)
The Vice-Chancellor shall exercise such other powers as may be
prescribed.
Section 14 - Authorities of the University
The following shall be the
authorities of the University, namely:--
(1)
The Senate,
(2)
The Academic Council,
(3) The
Faculties,
(4) The
Boards of Studies,
(5)
The Syndicate,
[10] [(6) The
Finance Committee (for the period fixed under this Act)],
(7) The
Board of Selection,
(8) ??Such other bodies as may be declared by the
Statutes to be authorities of the University.
Section 15 - Constitution of the Senate
The Senate shall consist of
the following persons, namely:--
CLASS I--EX-OFFICIO MEMBERS.
(1)
The Chancellor,
(2)
The Pro-Chancellor,
(3)
The Vice-Chancellor,
(4)
The Director of public Instruction, Madras,
(5)
The Chairman of the Chidambaram Municipal Council,
(6)
The President of the District Board, South Arcot,
(7)
Heads of departments of studies in the University,
[11] [(8) The
Vice-Chancellor of the Madras University],
(9) ??The Collector of South Arcot,
(10) The
Advocate-General, Madras,
(11)
Members of the Syndicate who are not otherwise members of the Senate,
[12] [ ]
CLASS II--LIFE MEMBERS.
(1)
Ex-Vice-Chancellors of the University,
(2)
All persons who make a donation of not less than twenty-five
thousand rupees to and for all or any of the purposes of the University, and
agree to such terms as the Syndicate may impose for the management of the said
amount.
In case the donor is a
corporate body or a firm or a joint family or an association, the individual
who shall be entitled
CLASS III--OTHER MEMBERS.
(1) Twelve
members elected from among themselves by graduates of the University registered
in the manner prescribed, according to the principle of proportional
representation by means of the single transferable vote.
[13][ .]
(2)
Four members elected by the Academic Council from among its
members according to the principle of proportional representation by means of
the single transferable vote,
(3)
[14][Two]
members elected by the Madras Legislative Council from among its, members
according to the principle of proportional representation by means of the
single transferable vote [15][and
three members elected by the Madras Legislative Assembly from among its members
according to the same principle],
(4) Such
number of members not exceeding six, as the Chancellor may fix, to be elected
by the donors of sums of not loss than ten thousand rupees each to and for all
or any of the purposes of the University and agree to such terms as the
Syndicate may impose for the management of the said amounts,
(5) Eight
members nominated by the Chancellor at least three of whom shall be representatives
of depressed, backward or minority classes not otherwise adequately
represented,
(6)
Four members nominated by the Founder,
Provided that, if the
office of the Founder is vacant on the date on which the nomination is to be
made, and there is no likelihood in the opinion of the Chancellor of the
vacancy being filled up within six months from that date, the Chancellor shall
nominate the said four members,
(7) One
member elected by the members of the District Board, South Arcot district, from
among themselves,
(8) One
member elected by the Municipal Councillors of the South Arcot district other
than the Municipal Councillors of Chidambaram from among themselves,
(9) One
member elected by the Municipal Councillors of Chidambaram from among
themselves,
(10) One member
elected by the members of the Sri Nandanar Kalvi Khazhagam, Chidambaram, from
among themselves,
(11) One
member elected by the general body of the Muhammadan Educational Association of
Southern India, from among its members,
(12) One
member elected from among themselves by those engaged in teaching in any
manner, on the staff of the Sanskrit College, Tiruvadi, the Rameswaram Sanskrit
Patasala, Madura and the Sri Minakshi Sanskrit College, Chidambaram,
(13) One
member elected from among themselves by the members of the Madura Tamil Sangam,
(14) One
member elected from, among themselves by the members of the Tanjore Karanthai
Tamil Sangam and the teaching staff of the Sri Minakshi Tamil College,
Chidambaram,
(15) One
member elected by the Southern India Chamber of Commerce and one by the Madras
Chamber of Commerce,
(16)
One member elected by the Madras Landholders' Association.
Section 16 - Powers and duties of the Senate
The Senate shall be the
supreme governing body of the University and shall have the following powers, namely;--
(1)
to make statutes and amend or repeal the same,
(2)
to consider and pass resolutions on the annual reports and the
annual accounts which resolutions shall be communicated to the Syndicate who
shall take action in accordance therewith,
(3)
to consider and pass resolutions on the annual financial estimates
which resolutions shall, after the period of tenure of the Finance Committee,
be communicated to the Syndicate who shall take action in accordance therewith,
(4)
to exercise such other powers and perform such other duties as may
be conferred or imposed upon it by this Act or the statutes, and
(5)
to do all acts and things necessary to give effect to the
provisions of this Act.
Section 17 - Constitution of the Academic Council
The Academic Council shall
consist of the following persons, namely:--
CLASS I--EX-OFFICIO MEMBERS.
(1)
The Vice-Chancellor,
(2)
The Director of Public Instruction, Madras,
(3)
The Professors and Readers of the University,
(4)
The Chairmen of the Boards of Studies,
(5)
The Members of the Syndicate who are not otherwise members of the
Academic Council.
CLASS II--OTHER MEMBERS.
(1)
Ten members, of whom not less than five shall be teachers other
than Professors and Readers, elected by such teachers,
(2)
Five members elected by the Senate from among its members,
provided that no one who is already a member of the Academic Council shall be
eligible for election under this item.
Section 18 - Powers and duties of the Academic Council
The Academic Council shall
have the control and regulation of residence, teaching and examinations in the
University and the maintenance of the standards thereof, shall have the
following powers and shall perform the following duties, namely:--
(a)
to make proposals to the Syndicate for the institution of
professorships, readerships, lectureships or other teaching posts,
(b)
to make regulations for purposes hereinafter specified,
(c)
to make recommendations to the Syndicate for the recognition of
teachers qualified to give instruction in hostels not maintained by the University,
(d)
to formulate, modify or revise, subject to the control of the
Senate, schemes for the constitution or reconstitution of faculties and
departments of studies, and
(e)
to do such other things and perform such other duties as may be
prescribed by the statutes.
Section 19 - The Faculties
(1)
The University shall include Faculties of Arts, Science,
Technology and Oriental Studies and such other Faculties as may be prescribed
and each such Faculty shall be constituted in the manner prescribed.
(2)
Each Faculty shall have a Dean. He shall be elected by the Faculty
from among the heads of departments of the Faculty and shall be responsible for
the due observance of the statutes and regulations relating to the Faculty. He
shall hold office for such period and subject to such conditions as may be
prescribed by the statutes.
(3)
Each Faculty shall comprise such departments of study as may be
prescribed by the regulations and shall, subject to the control of the Academic
Council, have charge of the teaching, courses of study and research work in
such departments. The head of every department of study shall be the Professor
of that department, or if there is no Professor, the Reader. If there is more
than one Professor or more than one Reader in a department, as the case may be,
the Vice-Chancellor shall appoint such Professor or Reader as he thinks fit to
be the head of the department. The head of the department shall be responsible
to the Dean for the organization of the teaching in that department.
Section 20 - Boards of Studies
The number, constitution
and duties of the Boards of Studies shall be such as may be prescribed.
Section 21 - Constitution of the Syndicate
The Syndicate shall consist
of the following persons, namely:--
CLASS I--EX-OFFICIO MEMBERS.
(1)
The Vice-Chancellor,
(2)
The Director of Public Instruction, Madras,
(3)
The Deans of Faculties.
CLASS II--OTHER MEMBERS.
(1)
Three members elected by the Senate from among its members,
(2)
One member elected by the Academic Council from among its members,
(3)
Two members nominated by the Chancellor,
(4)
Two members nominated by the Founder, provided that, if the office
of the Founder is vacant on the date on which the nomination is to be made and
there is in the opinion of the Chancellor no likelihood of the vacancy being
filled up within one month from that date the Chancellor shall nominate the
said two members.
Section 22 - Powers and duties of the Syndicate
The Syndicate shall have
the following powers and perform the following duties, namely:--
(a)
to control and administer the property and the funds of the
University,
(b)
to direct the form, custody and use of the common seal of the
University,
(c)
to suspend or dismiss the Registrar, the teachers, the clerical
staff and other servants of the University for sufficient cause and to define
their duties and the conditions of their service,
(d)
to accept on behalf of the University bequests donations and
transfers of any movable or immovable properties or the management thereof,
(e)
to arrange for the holding of and publish the results of the
University examinations and in the prescribed manner to appoint examiners and
cancel their appointment,
(f)
to regulate and determine all matters concerning the University in
accordance with this Act and the statutes and regulations,
(g)
to institute, subject to the control of the Senate, and abolish or
suspend on the advice of the Academic Council, professorships and other
teaching posts,
(h)
to refer any matter to the Academic Council, a Faculty or a Board
of Studies for consideration and report,
(i)
to draft such statutes and regulations as may from time to time be
necessary and to submit them to the Senate And the Academic Council
respectively for consideration,
(j)
to dispense, subject to statutes made in this behalf, with a
strict compliance with the regulations of the University in special cases,
(k)
to make standing orders in such manner and on such matters as may
be prescribed, and
(l)
to do such other things and perform such other duties as may be
prescribed.
Section 23 - Constitution of the Finance Committee
[16] [The
Finance Committee shall consist of the following persons, namely:--
(1)
The Secretary to the Government of Madras in charge of Finance,
(2)
The Founder, and, in case the office is vacant, any person
nominated by the Chancellor to do the duties of the Founder under this section,
during the continuance of the vacancy,
(3)
The Vice-Chancellor,
(4)
One member elected by the Senate from among its members, provided
that no one who is already a member of the Syndicate shall be eligible for
election under this clause.]
Section 24 - Powers and duties of the Finance Committee
[17] [(1) The
Syndicate shall, in the manner prescribed, frame the financial estimates of the
University and place the same before the Finance Committee.
(2) The
Finance Committee shall then scrutinize the said estimate and shall be entitled
to make such modifications therein as it considers necessary.
(3) The
said estimates as modified by the Finance Committee shall then be placed before
the Senate which may assent or refuse its assent to the same or may omit or
alter any of the items therein.
(4) (i)
(a) All modifications made by the Senate in the said estimates which have not
the effect of increasing the income, [18][and]
(b) [19][
] all proposals, involving any expenditure, originated by the Senate apart from
such estimates, shall be placed before the Finance Committee for its
consideration.
(ii) All points of
difference between the said Committee and the Senate in respect of the matters
specified in clause (i) shall be placed before the Chancellor and his decision
thereon shall be final.]
Section 25 - The Board of Selection-- Its powers
(1)
The Board of Selection shall consist of the following persons,
namely:--
(a)
One member nominated by the Chancellor,
(b)
The Founder and, in case the office is vacant, any person
nominated by the Chancellor to do the duty of the Founder under this section
during the continuance of the vacancy,
(c)
The Vice-Chancellor,
(d)
One member elected by the Syndicate from among its members, and
(e)
One member elected by the Senate from among its members.
(2)
The Board of Selection shall have the power to appoint the
Teachers and the Registrar of the University.
Section 26 - Annual Accounts
(1)
The annual accounts of the University shall be prepared by the
Syndicate in the manner prescribed and shall be submitted to such examination
and audit as the [20][State
Government] may direct.
(2)
The accounts when so examined and audited shall be published by
the Syndicate in the [21][Official
Gazette] and copies there of shall, together with copies of the report of such
examination and audit, be submitted to the Senate, the Finance Committee and
the [22][State Government].
Section 27 - The University
The Chancellor,
Pro-Chancellor and Vice-Chancellor of the University and the members of the
Senate, the Academic Council and the Syndicate shall constitute a body
corporate by the name of the Annamalai University of Annamalainagar and shall
have perpetual succession and a common seal and shall sue and be sued by that
name.
Section 28 - Visitation
[23] [ (1)
The [24][State] Government shall
have the Visitation right to cause an inspection or inquiry to be made in
respect of any matter, institution or property connected with the University by
such person or persons as [25][they
may appoint] in that behalf.
The [26][State]
Government shall in every case give notice to the University of [27][their
intention] to cause such inspection or inquiry to be made and the University
shall be entitled to be represented thereat.
(2) ??The [28][State]
Government shall communicate to the Senate and to the Syndicate [29][their
views] with reference to the results of such inspection or inquiry and shall,
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 [30][State]
Government the action, if any, which is proposed to be taken, or has been
taken, upon the results of inspection or inquiry.
Such report shall be
accompanied by the opinion of the Senate thereon and shall be submitted within
such time as the [31][State]
Government may direct.
(4) ??Where the Senate or Syndicate do not within a
reasonable time take action to the satisfaction of the [32][State]
Government, the [33][State]
Government may after considering any explanation furnished or representation
made by the Senate or the Syndicate issue such directions as [34][they
may think fit] and the Senate and the Syndicate shall comply with those
directions.
In the event of the Senate
or the Syndicate not complying with those directions within such time as may be
fixed in that behalf by the [35][State]
Government, the [36][State]
Government shall have power to appoint some person or body to carry them out
and make such orders as to the expenses thereof as [37][they
deem fit] to make.
Section 29 - Statutes
Subject to the provisions
of this Act, the statutes may provide for all or any of the following,
namely:--
(a)
the constitution, powers and duties of the authorities of the
University;
(b)
the establishment and maintenance of hostels by the University;
(c)
the conditions of recognition of hostels not maintained by the
University;
(d)
the powers of the officers of the University and in the case of
officers other than the Chancellor and Pro-Chancellor their duties;
(e)
the conditions of service of the Vice-Chancellor and the
Registrar;
(f)
the holding of convocations to confer degrees; (g) the conferment
of honorary and ad eundem degrees and other distinctions;
(g)
the conferment of honorary and ad eundem degrees and other
distinctions;
(h)
the institution and award of fellowships, including travelling
fellowships, scholarships, medals and prize;
(i)
the classification, emoluments and mode of appointment of the
teachers of the University;
(j)
the institution of a provident fund for the benefit of the
officers of the University (other than the Chancellor, the Founder, the
Pro-Chancellor and the Vice-Chancellor), its teachers, clerical staff and
servants;
(k)
the maintenance of a register of registered graduates;
(l)
all matters which under this Act may be prescribed by the
statutes; and
(m)
all other matters and things save those in respect of which
regulations can be made, which are within the purposes of this Act whether
incidental to those specified above or not.
Section 30 - Statutes how made
(1)
The Senate may take into consideration the draft of any statute
either of its own motion or on the submission thereof by the Syndicate.
(2)
If the proposed statute would affect any officer or authority of
the University?
(a)
where the Senate acts on its own motion the opinion of the
Syndicate and of the officer or authority affected shall be taken into
consideration by the Senate before the statute is passed; and
(b)
where the Senate acts on the submission of a draft thereto by the
Syndicate, the Senate shall not proceed to consider the draftunless the
Syndicate has given an opportunity to the officer or authority affected to
express his or its opinion thereon and places such opinion, if any, before the
Senate for its consideration.
(3) When any
statute has been passed by the Senate or a draft proposed by the Syndicate has
been rejected, the statute or the draft, as the case may be shall be submitted
to the Chancellor together with the opinions, if any, referred to in
sub-section (2) and the Chancellor may refer the statute or draft back to the
Senate for further consideration,
(4)
A statute passed by the Senate shall have no validity until it has
been assented to by the Chancellor.
Section 31 - Regulations
Subject to the provisions
of this Act and the statutes, the regulations may provide for all or any of the
following matters, namely:--
(a)
the admission of students to and the levy of fees therefore by the
University;
(b)
the conditions under which any person may be admitted to the
examinations, degrees and diplomas of the University;
(c)
the conditions of residence of the persons referred to in section
7 and the levy of fees for residence and tutorial instruction in hostels
maintained by the University;
(d)
the number and qualifications of professors, readers, lecturers
and other teachers in the University;
(e)
the fees to be charged for courses of teaching given by teachers
of the University, for tutorial and supplementary instruction given by the
University, for admission to the examinations, degrees and diplomas of the
University and for the registration of graduates;
(f)
the conditions subject to which persons may be recognized as
qualified to give instruction in colleges, hostels and lodgings not maintained
by the University;
(g)
the appointment and duties of examiners and their emoluments;
(h)
the conduct of examinations;
(i)
all other matters which by this Act or by the statutes may be
provided by the regulations; and
(j)
all matters incidental to those specified in clauses (a) to (i).
Section 32 - Regulations how made
Regulations may be made by
the Academic Council on its own motion or on the submission of a draft to it by
the Syndicate, provided that in the former case before a regulation is passed
the opinion of the Syndicate thereon shall be obtained and taken into
consideration by the Academic Council.
All regulations shall have
effect from such date as the Academic Council may appoint in that behalf; but
every regulation so made shall be submitted as soon as may be to the Senate who
shall consider it at its next meeting or at any other meeting to which it may
adjourn the consideration thereof. The Senate shall have power, by 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
Section 33 - Period of office
(1) ??Save as otherwise provided, the authorities
and other bodies connected with the University shall be reconstituted every three
years and a member of every such authority or body shall except in the case of
ex-officio or life members hold office [38]
[. . . . ] up to the date of the next reconstitution.
[39] [(2)
Vacancies among elected members of any such authority or body occurring by
efflux of time on the date of the reconstitution thereof, may be filled at
elections which may be fixed by the Vice-Chancellor to take place on such days
as he thinks fit, not being earlier than two months from the date aforesaid.]
[40] [(3)] Any [41][vacancy
in the membership of any such authority or body occurring before the
reconstitution thereof] shall be filled up as soon as conveniently may be by
the person or body who [42][nominated]
or elected the member whose place has become vacant and the person so [43]
[nominated] or elected shall be a member of such authority or body only for the
residue of the term for which the person whose place he has filled would have
been a member.
[44] [(4)]
Any person nominated or elected in his capacity as a member of a particular
body or the holder of a particular appointment shall if he ceases to be a
member of that body or the holder of that appointment as the case may be, for a
period of more than three months or if he goes on leave for a period of not
less than six months cease to be a member of the authority or the body of the
University concerned.
Section 34 - Validity of Proceedings of the University bodies
No act or proceeding of any
authority or other body of the University shall be deemed to be invalid by reason
only of some defect in the constitution of the University or of the said
authority or body, or of the existence of any vacancy in the said authority or
body, or of the invalidity of any election connected therewith, or of the
disqualification of any member thereof at the time of or subsequent to his
election or nomination thereto.
Section 35 - Disqualification for membership
No person shall be
qualified for election or nomination as a member of any of the authorities of
the University or of any body connected therewith, or for appointment as an
officer thereof, if at the time of election, nomination or appointment, he
(a)
is of unsound mind, deaf-mute or a leper, or
(b)
is an uncertificated bankrupt or undischarged insolvent, or
(c)
has been convicted by a court of law of an offence involving moral
delinquency, In case
of dispute or doubt, the Chancellor shall determine whether a person is
disqualified under this section and his decision shall be final.
Section 36 - Removal from membership of the University
(1)
The Senate may remove any person from membership of any of the
authorities of the University or of any body connected therewith or from any of
the offices specified in items (5), (6) and (7) of section 8?
(a)
if he has been convicted by a court of law of what in the opinion
of the Senate is an offence involving moral delinquency,
(b)
if he becomes of unsound mind or a deaf-mute or a leper, or
(c)
if he applies to be adjudicated or is adjudicated a bankrupt or
insolvent.
(2) The
Senate may for the reason specified in clause (a) of sub-section (1) withdraw
any degree or diploma or any other distinction conferred or granted by the
University.
(3)
The Senate shall not-take any action under clause (a) of
sub-section (1) or under sub-section (2) except on the recommendation of not
less than two-thirds of the members of the Syndicate.
Section 37 - Disputes as to election, nomination Or membership of University authority or body
If any dispute arises
whether any person has been duly elected or nominated as or is entitled to be a
member of any authority or body of the University, the question shall be
referred to the Chancellor whose decision thereon shall be final.
Section 38 - Constitution of committees
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 may include persons who are
not members of the authority concerned.
Provided that the number of
persons so included in any committee shall not exceed one-fifth of the total
number of that committee.
Section 39 - Provident Fund
Where any provident fund
has been instituted, by the University for the benefit of its officers,
teachers, clerical staff or servants, the 1[State Government] may declare that
the provisions of the Provident Funds Act, 1925 (Central Act XIX of 1925),
shall apply to such fund as if it were a Government Provident Fund.
Section 40 - Transfer of the colleges and of their properties to the University
On the commencement of this
Act, the institutions known as the Sri Minakshi College, the Sri Minakshi Tamil
College and the Sri Minakshi Sanskrit College situated at Chidambaram and being
maintained by Diwan Bahadur Sir S.R.M. Annamalai Chettiyar shall cease to exist
as separate entities and shall become part of the University and all rights,
powers and privileges of the said institutions and all property movable and
immovable thereof shall vest in the University and shall be applied to the
objects and purposes for which the University is incorporated.
Section 41 - Permanent Endowment Fund
(i)
The University shall have a fund called the Permanent Endowment
Fund which it shall invest and keep invested in securities issued or guaranteed
by the [45] [Central Government] or
by [46] [State Government] [47]
[....].
(ii)
The said Permanent Endowment Fund shall consist of?
(a)
the sum of twenty lakhs of rupees given by the Founder, the
Honourable Diwan Bahadur Sir S.R.M. Annamalai Chettiyar;
(b)
the sum of twenty-seven lakhs of rupees given to it by the [48][State
Government]; and
(c)
any contributions to this fund made by the [49]
[State Government], the [50]
[Central Government], any local or other public body, the Founder or others.
Section 42 - General Fund
The University shall also
have a fund called the General Fund which shall consist of--
(a)
fees and income from endowments including the Permanent Endowment
Fund; and
(b)
any contributions made to this fund by the [51]
[State Government], the [52]
[Central Government], any local or other public body, the Founder or others.
Section 43 - Contribution by Government to the University
The [53]
[State Government]--
(1)
shall contribute to the general fund annually a sum of one and a
half lakhs of rupees, and
(2)
subject to such, conditions as may be agreed upon between them and
the University,
(a)
shall give for the buildings and equipment of the University a sum
of seven and a half lakhs of rupees, and
(b)
may contribute, from time to time, such further sums as they deem
fit to contribute to the said fund or towards such buildings or equipment.
Section 44 - Completion of Madras University courses
Notwithstanding anything
contained in this Act or the regulations any student of the University who was
pursuing a course of study for any examination of the University of Madras
shall be permitted to complete that course and the University shall hold or
arrange with the University of Madras for holding for such students
examinations in accordance with the curricula of studios of that University for
such period as may be prescribed and notwithstanding anything contained in the
Madras University Act, 1923 (Madras Act VII of 1923), or the Statutes,
Ordinances and Regulations thereunder, such students may be admitted to the
appropriate examinations of that University.
Section 45 - Transitory provisions
(1)
At any time after the passing of this Act the Vice-Chancellor may
with the previous approval of the Chancellor, take such action consistent as
far as may be with the provisions of this Act and the statutes as he may think
necessary for the purpose of bringing the University into being, and for that
purpose may exercise any power which by this Act or the statutes is to be
conferred on any officer or authority of the University.
(2)
At any time after the passing of this Act and until such time as
the authorities of the University shall have been duly constituted, the
Registrar and the teachers of the University shall be appointed by the
Chancellor after considering the recommendations of a committee consisting of
the Pro-Chancellor, the Vice-Chancellor, and such other person or persons if
any, as the Chancellor thinks fit to associate with them.
(3)
Any appointment made under sub-section (2) shall be for such
period and on such conditions as the appointing authority thinks fit: provided
that no such appointment shall be made until financial provision has been made
therefore.
(4)
The first statutes and regulations shall be made by a committee
consisting of the Vice-Chancellor as Chairman, and two or more persons
nominated thereto by the Chancellor and shall come into force after being approved
by the Chancellor, on such date or dates as the Chancellor may appoint in that
behalf.
(5)
The salary, if any, of the first Vice-Chancellor shall be fixed by
the Chancellor.
Section 46 - Removal of difficulties at the commencement of the Act
The Chancellor shall have
power to take any action necessary to remove any difficulty that may arise in
first giving effect to the provisions of this Act.
Section 47 - Duration of certain sections of the Act
[54] [This
section, item (6) of section 14, and sections 23 and 24 shall cease to be part
of this Act on the termination of ten years from the date on which section 23
comes into force.]
Schedule - SCHEDULE
The whole of the Revenue
village of Tiruvakkulam and portion of the Revenue village of C. Kottangudi and
Resurvey No. 102 of the Revenue village of Usuppur in the Chidambaram taluk in
the South Arcot district, bounded on the north by the Natarajapuram road
commencing from the South Indian Railway level crossing situated just to the
east of the Chidambaram Municipal toll-gate on the east and south by the
Uppanar and on the west by the South Indian Railway line and lands belonging to
the South Indian Railway Company, Limited; and Resurvey Nos. 65 to 68 and 105
to 144 of the above mentioned Revenue village of Usuppur.
[1] For
Statement of Objects and Reasons, see Fort St. George Gazette, dated 28th
August 1928--Part IV, pp. 49-51.
[2] Section 1
of this Act came into force on the 1st January 1929. Sections 2, 3, 5, 8 to 14,
16, 18, 19, 20, 22, 24, 27, 28, 29, 31, 34, 35, 37, 41, 42, 45, 46 and the
Schedule were brought into force on the 1st January 1929, and section 43 on the
1st April 1929 in Law (Education) Department Notification No. 13, published at
page 2 of Part I-B of the Fort St. George Gazette, dated the 1st January 1929.
The remaining provisions of the Act were brought into force on the 15th May
1929 in Education Department Notification No. 125, published at page 258 of
Part I-B of the Fort St. George Gazette dated the 7th May 1929.
[3]
The words
"Provincial Government" were substituted for the words "Local
Government" by the Adaptation Order of 1937 and the word "State"
was substituted for "Provincial" by the Adaptation Order of 1950.
[4] These
words were substituted for the words "Fort St. George Gazette" by the
Adaptation Order of 1937.
[5]
The word
"British" was omitted by the Adaptation (Amendment) Order of 1950.
[6]
The words
"Provincial Government" were substituted for the words "Local
Government" by the Adaptation Order of 1937 and the word "State"
was substituted for "Provincial" by the Adaptation order of 1950.
[7] These
words were substituted by the Adaptation Order of 1950 for the words
"Provincial Government" as substituted for the words
"Governor-General in Council" by the Adaptation Order of 1937.
[8] These
words were substituted for the words "Government of Fort St. George"
by the Adaptation Order of 1937.
[9] These
words were substituted for the words "Fort St. George Gazette" by the
Adaptation Order of 1937.
[10] This item
has ceased to be part of this Act, as ten years have elapsed from 15th May
1929, the date on which section 23 came into force--vide Notification No. 125
of the Education Department at page 258 of Part I-B of the Fort St. George
Gazette, dated 7th May 1929.
[11] These
words were substituted for the words "The Vice-Chancellor of the Madras
and Andhra Universities," by the Madras Adaptation of Laws Order, 1954.
[12] The
figures, brackets and words "(12) The Diwan of Pudukkottai" were
omitted by the Adaptation (Amendment) Order of 1950 to this life membership
shall be determined in the manner prescribed.
[13] The
proviso to clause (I) was omitted by the Adaptation (Amendment) Order of 1950.
[14] This
word was substituted for the word "Five" by the Adaptation Order of
1937.
[15] These
words were inserted by ibid.
[16] Sections
23 and 24 have ceased to be part of this Act, as ten years have elapsed from
15th May 1929, the date on which section 23 came into force--Vide Notification
No. 125 of the Education Department at page 258 of Part I-B of the Fort St.
George Gazette, dated 7th May 1929,
[17] Sections
23 and 24 have ceased to be part of this Act, as ten years have elapsed from
15th May 1929, the date on which section 23 came into force--Vide Notification
No. 125 of the Education Department at page 258 of Part I-B of the Fort St.
George Gazette, dated 7th May 1929,
[18] This
word was inserted by section 3 of, and the Second Schedule to the Madras
Repealing and Amending Act, 1951 (Madras Act XIV of 1951).
[19] The
word "and" was omitted by ibid.
[20] The
words "Provincial Government" were substituted for the words
"Local Government" by the Adaptation Order of 1937 and the word
"State" was substituted for "Provincial" by the Adaptation
Order of 1950.
[21] These
words were substituted for the words "Fort St George Gazette" by the
Adaptation Order of 1937.
[22] The
words "Provincial Government" were substituted for the words
"Local Government" by the Adaptation Order of 1937 and the word
"State" was substituted for "Provincial" by the Adaptation
Order of 1950.
[23] This
section was substituted for original section 28 by the Adaptation Order of
1937.
[24] This
word was substituted for the word "Provincial" by the Adaptation
Order of 1950.
[25] These
words were substituted for the words "it may appoint" by section 3 of,
and the Second Schedule to, the Madras Repealing and Amending Act, 1951 (Madras
Act XIV of 1951).
[26] This
word was substituted for the word "Provincial" by the Adaptation
Order of 1950.
[27] These
words were substituted for the words "its intention" by ibid.
[28] This
word was substituted for the word "Provincial" by the Adaptation
Order of 1950.
[29] These
words were substituted for the words "its views" by ibid.
[30] This
word was substituted for the word "Provincial" by the Adaptation
Order of 1950.
[31] This
word was substituted for the word "Provincial" by the Adaptation
Order of 1950.
[32] This
word was substituted for the word "Provincial" by the Adaptation
Order of 1950.
[33] This
word was substituted for the word "Provincial" by the Adaptation
Order of 1950.
[34] These
words were substituted for the words "it may think fit" by ibid.
[35] This
word was substituted for the word "Provincial" by the Adaptation
Order of 1950.
[36] This
word was substituted for the word "Provincial" by the Adaptation
Order of 1950.
[37] These
words were substituted for the words "he deems fit" by ibid.
[38] The
words "as member thereof from the date of his election or nomination
thereto" were omitted by section 2 of the Annamalai University (Amendment)
Act, 1943 (Madras Act X of 1943), re-enacted permanently by section 2 of, and
the First Schedule to, the Madras Re-enacting and Repealing (No. I) Act, 1948
(Madras Act VII of 1948).
[39] Original
sub-sections (2) and (3) were renumbered as sub-sections (3) and (4)
respectively and a new sub-section (2) was inserted by ibid.
[40] Original
sub-sections (2) and (3) were renumbered as sub-sections (3) and (4)
respectively and a new sub-section (2) was inserted by ibid.
[41] These
words were substituted for the words "vacancy in the said membership
occurring before the said reconstitution" by ibid.
[42] This
word was substituted for the word "appointed" by ibid.
[43] This
word was substituted for the word "appointed" by ibid.
[44] Original
sub-sections (2) and (3) were renumbered as sub-sections (3) and (4)
respectively and a new sub-section (2) was inserted by ibid.
[45] These
words were substituted for the words "Government of India" by the
Adaptation Order of 1937.
[46] The words
"Provincial Government" were substituted for the words "Local
Government" by the Adaptation Order of 1937 and the word "State"
was substituted for "Provincial" by the Adaptation Order of 1950.
[47] The words
"in British India" were omitted by the Adaptation (Amendment) Order
of 1950.
[48] The words
"Provincial Government" were substituted for the words "Local
Government" by the Adaptation Order of 1937 and the word "State"
was substituted for "Provincial" by the Adaptation Order of 1950.
[49] The words
"Provincial Government" were substituted for the words "Local
Government" by the Adaptation Order of 1937 and the word "State"
was substituted for "Provincial" by the Adaptation Order of 1950.
[50] These
words were substituted for the words "Government of India" by the
Adaptation Order of 1937.
[51] The words
"Provincial Government" were substituted for the words "Local
Government" by the Adaptation Order of 1937 and the word "State"
was substituted for "Provincial" by the Adaptation Order of 1950.
[52] These
words were substituted for the words "Government of India" by the
Adaptation Order of 1937.
[53] The words
"Provincial Government" were substituted for the words "Local
Government" by the Adaptation Order of 1937 and the word "State"
was substituted for "Provincial" by the Adaptation Order of 1950.
[54] Section
47, item, (6) of section 14 and sections 23 and 24 have ceased to be part of
this Act, as ten years have elapsed from 15th May 1929, the date on which
section 23 came into force--vide Notification No. 125 of the Education
Department at page 258 of part I-B of the Fort St. George Gazette, dated 7th May
1929.