Tamil
Nadu Dr. Ambedkar Law University Act, 1996[1]
[Tamil
Nadu Act 35 of 2017]
[6th
August, 1997]
An Act to provide for the
establishment and incorporation of a law University in the State of Tamil Nadu
for the advancement and promotion of learning and knowledge of law in the
educational pattern of the State
Be it enacted by the
Legislative Assembly of the State of Tamil Nadu in the Forty-seventh Year of
the Republic of India as follows.
Chapter
I PRELIMINARY
Section - 1. Short title, extent, application and commencement.
(1) This Act may be called
the Tamil Nadu Dr. Ambedkar Law University Act, 1996.
(2) It extends to the whole of
the State of Tamil Nadu.
(3) It applies to.
(a) every Law college specified
in the Schedule which are deemed to be affiliated to the University under this
Act;
(b) every other law college or
institute situate within the University area which may be affiliated, to or
approved by, the University in accordance with the provisions of this Act,
statutes, ordinance or regulations; and
(c) every college or
institution situate within the University area, which conducts any course of
study or imparts any training which may qualify for the award of any degree,
diploma or other academic distinction in law by the University.
(4) This Section and sections,
2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 21, 48, 49, 50, 52, 61,
63, 64, 65, 68, 69 and 71 shall come into force at once and the remaining
provisions of this Act shall come into force on such date[2] as
the Government may by notification appoint and different dates may be appointed
for different previous of this Act.
Section - 2. Definitions.
In this Act, unless the
context otherwise requires,
(a) “affiliated college” means
a college or institution situate within the University area and affiliated to
the University, a college deemed to be affiliated to the University and an
autonomous college;
(b) “autonomous college” means
any college disgraced as an autonomous college by or under the statutes;
(c) “Bar Council of India”
means the Bar Council of India constituted under the Advocates Act; 1961 (Act
25 of 1961)
(d) “Bar Council of Tamil Nadu”
means the Bar Council of Tamil Nadu constituted for the State of Tamil Nadu;
(e) “college” means a college
or institution established or maintained by or affiliated, to the University
and providing any course of study or training in law for admission to the
examination; for degrees, diplomas or other academic distictions of the
University;
(f) “date of commencement of
this Act” in relation to any provision of this Act means, the date of the
coming into force of that provision;
(g) “Faculty” means a Faculty
of the University;
(h) “Government” means the
State Government;
(i) “hostel” means a unit of
residence for the students, of the University maintained or recognised by the
University in accordance with the provisions of this Act; and includes a hostel
deemed to be recognised by the University under this Act;
(j) “prescribed” means
prescribed by this Act or the status or ordinances or regulations;
(k) “principal” means the head
of a college;
(l) “registered graduate” means
a graduate registered under this Act;
(m) “statutes”, “ordinances”
and “regulations” mean respectively, the statutes, ordinances and regulations
of the University made or continued in force under this Act;
(n) “teachers” means
Professors, Readers. Lecturers, whether full time or part-time Lecturers
(Senior Scale) Lecturers (Selection Grade) and other persons giving instruction
in University colleges or institutions in affiliated or approved colleges or in
hostels and libraries as may be declared by the statutes to be teachers;
(o) “teachers of the
University” means persons appointed by the University to give instruction on
its behalf;
(p) “University” means the
Tamil Nadu Dr. Ambedkar Law University;
(q) “University area” means the
area to which this Act extends under sub-section (2) of Section 1 excluding the
Annamalai Nagar as defined in clause (a) of Section 2 of the Annamalai
University Act, 1928 (Tamil Nadu Act 1 of 1929);
(r) “University collage” means
a college or a collage combined with research institute maintained by the
University, whether instituted by it, or not, providing courses of study
leading upto the post-graduate and professional degrees of the University;
(s) “University Grants
Commission” means the Commission established under Section 4 of the University
Grants Commission Act, 1956 (Act 3 of 1956);
(t) “University Lecturer”
“University Reader”, “University Professor” or “University Teacher” means
Lecturer, Reader, Professor or Teacher respectively appointed or deemed to be
appointed as such by the University;
(u) “University Library” means
a Library maintained by the University, whether instituted by it or not.
Chapter
II THE
UNIVERSITY
Section - 3. Established of University.
(1) For the advancement and
promotion of learning and knowledge of law, there shall be established a
University by the name “The Tamil Nadu Dr. Ambedkar Law University”.
(2) The University shall be a
body corporate having perpetual succession and a common seal and shall sue and
be sued by the said name.
(3) The Headquarters of the
University shall be located within the limit of the Madras Metropolitan
Planning Area as defined in clause (23-a) of Section 2 of the Tamil Nadu Town
and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1971).
Section - 4. Object of University.
The University shall have
the following objects, namely.
(a) to provide for the
advancement and dissemination of knowledge of law and their rule in the
development of better education;
(b) to promote the legal
education and wellbeing of the community generally;
(c) to develop in the student
and research scholar, a sense of responsibility to serve the society in the
field of law by developing skills in regard to advocacy, legal services,
legislation, law reforms and the like;
(d) to organise lecture,
seminars, symposia and conference;
(e) to promote legal knowledge
and to make law as efficient instruments of social development;
(f) to provide access to legal
education for large segments of the population, and in particular to the
disadvantaged-groups such as those living in remote and rural areas;
(g) to promote acquisition of
legal knowledge in rapidly developing and changing society and to continually
offer opportunities for upgrading knowledge, training and skills in the context
of innovation, research and discovery in all fields of human endeavours;
(h) to provide innovative
system of University level education, flexible and open, in regard to methods
and pace of learning, combination of course, age of entry, conduct of
examination and operation of the programmes with a view to promote learning and
encourage excellence in new fields of legal knowledge;
(i) to provide education and
training in the various fields of law in the State raising their quality and
improving their availability to the people;
(j) to provide suitable
post-graduate courses of study and promote research in the various fields of
law;
(k) to promote national
integration and the integrated development of the human personality through its
policies and programmers.
Section - 5. Powers and functions of University.
The University shall have
the power,
(i) to administer and manage
the University and such centres for research, for legal education or for
advancement of knowledge in law;
(ii) to provide for instructions
or training in such branches of learning pertaining to law, as the University
may deem fit;
(iii) to make provisions for
research or for the advancement or dissemination of knowledge in legal
education;
(iv) to organise and undertake
extension services;
(v) to affiliate colleges to
the University under conditions prescribed and to withdraw such affiliation;
Provided that no college
shall be affiliated to the University unless the permission of the Government
to establish such College has been obtained and the terms and conditions, if
any, of such permission has been complied with:
(vi) to institute degrees,
titles, diplomas and other academic distinctions;
(vii) to hold examinations and to
confer degrees, titles, diplomas and other academic distinctions on persons who
shall have pursued an approved course of study in the University, University
college or any college affiliated or deemed to be affiliated to the University
under this Act and shall have passed the prescribed examinations of the
University subject to such conditions as the University may determine;
(viii) to confer degrees, titles,
diplomas and other academic distinctions on persons who shall have pursued an
approved course of study in an autonomous college;
(ix) to center honorary degrees
or other distinctions under conditions prescribed;
(x) to fix fees to demand and
receive such fees as may be prescribed;
(xi) to establish, maintain and
manage hostels and to recognise places of residence for the student of the
University and to withdraw such recognition to any such place of residence;
(xii) to establish such special
centres, specialised study centres, school of excellence which may serve as a
lead agent for all other law colleges to emulate or other units for research
and instruction and for promotion of distance education centres as are, in the
opinion of the University, necessary for the furtherance of its objects;
(xiii) to supervise and control
the residence and to regulate the discipline of the students of the University
and to make arrangements for promoting their health;
(xiv) to make arrangements in
respect of the residence, discipline and teaching of women students;
(xv) to create academic,
technical, administrative ministerial and other posts and to make appointments
thereto;
(xvi) to provide, control and
maintain discipline among the students and to regulate and enforce discipline
among all categories of employees of the University and to lay down the
conditions of service of such employees including their code of conduct and to
take such disciplinary measures as may be deemed necessary;
(xvii) to institute lecturerships,
readerships, professorships and other teaching posts required by the University
and to appoint persons to such Lecturership, readerships, professorships and
other teaching posts;
(xviii) to institute and award
fellowships, travelling fellowships, scholarships, studentships, bursaries,
prizes and medals in accordance with the statutes;
(xix) to provide for printing,
reproduction and publication of research and other works all to organise
exhibitions.
(xx) to sponsor and undertake
research in all aspects of law, justice and social development;
(xxi) to co-operate with any
other organisations in the matter of education, training and research in law,
justice, social development, and allied subjects for such purposes as may be
agreed upon on such terms and conditions as the university may, from time to time,
determine;
(xxii) to co-operate with institutions of higher
learning in any part of the world having objects wholly or partially similar to
those of the University, by exchange of teachers and scholars and generally in
such manner as may be conductive to the common objects;
(xxiii) to regulate the expenditure
and to manage the accounts of the University;
(xxiv) to establish and maintain
within the University or elsewhere, such class rooms and study halls as the
University may consider necessary and adequately furnish the same and to
establish and maintain such libraries and reading rooms as may appear
convenient or necessary for the University;
(xxv) to receive giants,
subventions, subscriptions, donations and gifts for the purposes of the
University and consistent with the objects for which the University is
established:
(xxvi) to purchase, take on case
or accept as gifts or otherwise, any land or building or works which may be
necessary or convenient for the purpose of the University on such terms and
conditions as it may think fit and proper and to construct or later and
maintain any such building or work:
(xxvii) to sell, exchange, lease of
otherwise dispose to all or any portion of the properties of the University,
movable or immovable, on such terms as it may think fit and proper without
prejudice to the interest and activities of the University:
(xxviii) to draw and accept, to make
and endorse, to discount and negotiate, Government and other promissory notes,
bills of exchange cheque or other negotiable instruments:
(xxix) to execute conveyances,
transfers, reconveyances, mortgages, leases, licences and agreements in respect
of property, movable or immovable including Government securities belonging to
the University or to be acquired for the University;
(xxx) to appoint, in order to
execute an instrument or transact any business of the University, any person as
it may deem fit;
(xxxi) to give up and cease from
carrying on any classes or departments of the University:
(xxxii) to enter into any agreement
with the Central Government, State Governments, the University Grants
Commission or other Authorities for receiving grants:
(xxxiii) to accept giants of money, securities or
property of any kind on such terms as is may deem expedient:
(xxxiv) to raise and borrow money on bonds, mortgages,
promissory notes or other obligations or securities upon all or any of the
properties an asset of the University or without any securities and upon such
terms and conditions as it may deem fit and to pay out of the funds of the
University, all expenses incidental to the raising of money, and to repay and
redeem any money borrowed;
(xxxv) to invest the funds of the
University money entrusted to the University in or upon such securities and in
such manner as it may deem fit and from time to time transpose any investment;
(xxxvi) to make such regulations as may from time to
time, be considered necessary for regulating the affairs and the management of
the University and to after, modify and to rescind them;
(xxxvii)
to
constitute for the benefit of the academic, technical administrative and other
staff, in such manner and subject to such conditions as may be proscribed by
the regulations, such as pensions, insurance, provident fund and gratuity as it
may deem fit and to make such grants as it may deem fit for the benefit of any
employee of the University and to aid in the establishment and support of the
associations, institutions, funds, trusts and conveyances calculated to benefit
the staff and the students of the University;
(xxxviii)
to
delegate all or any of its powers and functions to any authority of the
University or any committee or any sub-committee or to any one or more members
of its body or its officers and,
(xxxix) to do all such other acts
and things as the University may consider necessary, conductive or incidental
to the attainment or enlargement of its objects, powers and functions or any
one of them,
Section - 6. College not to be affiliated to any other University and recognition of college by University.
(1) No Law college or
institution imparting legal education within the University area shall be
affiliated to any other University other than the Tamil Nadu Dr. Ambedkar Law
University.
(2) No Law college or
institution imparting legal education affiliated to, or associated with, or
maintained by, any other University, whether within the State of Tamil Nadu or
outside the State of Tamil Nadu, shall be recognised by the University for any
purpose except with the prior approval of the Government and the University
concerned.
Section - 7. Admission to University.
(1) The University shall,
subject to the provisions of this Act and the statutes, be open to all persons.
(2) Nothing contained in
sub-section (1) shall require the University.
(a) to admit to any course of
study any person who does not possess the prescribed academic qualification or
standard;
(b) to retain on the rolls of
the University any student whose academic record is below the minimum standard
required for the award of a degree, diploma or other academic distinction; or
(c) to admit any person or
retain any student whose conduct is prejudicial to the invests of the
University or the rights and privileges of other students and teachers.
(3) Subject to the provisions
of sub-section (2), the Government may, by order, direct that the University
shall reserve such percentage of seats therein for the students belonging to
the Scheduled Castes, the Scheduled Tribes, Most Backward Classes including
Denotified Communities and Backward Classes, as may be specified in such order
and where such direction has been given, the University shall make the
reservation accordingly.
Section - 8. Visitation.
(1) The Government shall have
the right to cause an inspection or inquiry, to be made, by such persons or
person, as they may direct, of the University, its buildings, museums,
workshops, and equipments and of any institution maintained, recognised or
approved by the University and also of the examination, teaching and other
works conducted or done by the University and to cause an inquiry to be made in
respect of any matter connected with the University. The Government shall in
every case give notice to the University of their intention to cause such
inspection or inquiry to be made and the University shall be entitled to be
represented thereat.
(2) The Government shall
communicate to the Syndicate their views with reference to the results of such
inspection or inquiry and may, after ascertaining the opinion of the Syndicate
thereon, advice the University upon the action to be taken and fix a time limit
for taking such action.
(3) The Syndicate shall report
to the Government through the Vice-Chancellor, the action, if any, which is
proposed to be taken or has been taken upon the result of such inspection or
inquiry. Such report shall be submitted within such time as the Government may
direct.
(4) Where the Syndicate does
not take action to the satisfaction of the Government within a reasonable time,
the Government may, after considering any explanation furnished or
representation made by the Syndicate, issue such directions as they may think
fit and the Syndicate shall comply with such directions. In the event of the
Syndicate not complying with such directions within such time as may be fixed
in that behalf by the Government, the Government shall have power to appoint
any person or body to comply with directions and make such orders as may be
necessary for the expenses thereof.
Chapter
III OFFICERS
OF THE UNIVERSITY
Section - 9. Officers of University.
The University shall
consist of the following officers, namely.
(1) the Chancellor;
(2) the Pro-Chancellor;
(3) the Vice-Chancellor;
(4) the Registrar;
(5) the Finance Officer;
(6) the Controller of
Examinations; and
(7) such other persons as may
be declared by statutes to be officers of the University.
Section - 10. Chancellor.
(1) The Governor of Tamil Nadu
shall be the Chancellor of the University. He shall, by virtue of his office,
be the head of the University and President of the Academic Senate and shall,
when present, preside at the meetings of the Academic Senate and at any
convocation of the University and confer degrees, titles, diplomas or other
academic distinctions upon persons entitled to receive them.
(2) Where power is conferred
upon the Chancellor to nominate persons to the authorities, the Chancellor
shall, in consultation with the Vice-Chancellor, and to the extent necessary,
nominate persons to represent the interests not otherwise adequately
represented.
(3) The Chancellor may, of his
own motion or on application, call for and examine the record of any officer or
authority of the University in respect of any proceeding to satisfy himself as
to the legality of such proceeding or the correctness, legality or propriety of
any decision taken or order passed therein, and if, in any case, it appears to
the Chancellor that any such proceeding, decision or order should be modified,
annulled, reversed or remitted for reconsideration, he may pass orders
accordingly:
Provided that every
application to the Chancellor for the exercise of the powers under this
sub-section shall be preferred within three months from the on which the
proceeding, decision or order to which the application relates was communicated
to the applicant:
Provided further that no
order prejudicial to any person shall be passed unless such person has been
given an opportunity of making his representation.
(4) The Chancellor shall
exercise such other powers and perform such other duties as may be conferred on
him by or under the provisions of this Act.
Section - 11. Pro-Chancellor.
(1) The Minister in-charge of
the portfolio of law in the State of Tamil Nadu shall be the Pro-Chancellor of
the University.
(2) In the absence of the
Chancellor or during the Chancellor's inability to act, the Pro-Chancellor
shall exercise all the powers and perform all the functions of the Chancellor.
(3) The Pro-Chancellor shall
exercise such other powers and perform such other functions as may be conferred
on him by or under this Act.
Section - 12. Vice-Chancellor.
(1) Every appointment of
Vice-Chancellor shall be made by the Chancellor from out of a panel of three
names recommended by the Committee referred to in sub-section (2) and such
panel shall not contain the name of any member of the said Committee:
Provided that if the
Chancellor does not approve any of the persons in the panel so recommended by
the Committee, he may take steps to constitute another Committee, in accordance
with sub-section (2) to give a fresh panel of three different names and shall
appoint one of the persons named in the fresh panel as Vice-Chancellor.
(2) [3][For the purpose of the
sub-section (1), the Committee shall consist of
(i) a nominee of the
Government, who shall be a retired judge of the Supreme Court or any High Court
or an eminent education;
(ii) a nominee of the Academic
Senate who shall be an eminent education; and
(iii) a nominee of the Syndicate
who shall be an eminent education.
Explanation. For the
purpose of this sub-section, “eminent educationist” means a person.
(i) who is or has been a
Vice-Chancellor of any Law University or National Law school established by the
stats Government or central Government; or
(ii) who is a distinguished
academician, with a minimum of ten years of ten years of experience as
professor in any Law University or National Law School or in both taken
together; or
(iii) who is or has been a
Director or Head of any Law university or National Law School;
Provided that the person so
nominated shall not be a member of any of the authorities of the university or
shall not be connected with the University or any college or any recognized
institution of the University.
(2-A) A
person recommended by the committee for appointment as Vice-Chancellor shall.
(i) be a distinguished
academician with highest level of competence, integrity, morals and
institutional commitment;
(ii) possess such educational
qualifications and experience as may be specified by the State Government in
consultation with the Chancellor by an order published in the Tamil Nadu
Government Gazette.
(2-B) The
process of nominating the members to the committee by the Government, the
Academic senate and the Syndicate shall begin six months before the probable
date occurrence of vacancy in the office of the Vice-Chancellor and Shall be
completed four months before the probable date of occurrence of vacancy in the
office of the Vice-Chancellor.
(2-C) The
process of preparing the panel of suitable persons for appointment as
Vice-Chancellor shall being at least four months before the probable date of of
occurrence of vacancy in the office of the Vice-Chancellor.
(2-D) The
Committee shall submit its recommendation to the Chancellor within four months
from the date of its constitution if the Committee does not submit its
recommendation to the Chancellor within the said period, the Chancellor may
grant further time to the committee to submit its recommendation or take steps
to constitute another Committee in accordance with sub-section (2).]
(3) The Vice-Chancellor shall
hold office for a period of three years and shall be eligible for
re-appointment for a further period of three years:
Provided that no person
shall hold the office of the Vice-Chancellor for more than six years in the
aggregate:
Provided further that.
(a) the Chancellor may direct
that a Vice-Chancellor whose term of office has expired, shall continue in
office for such period, not exceeding a total period of one year, as may be
specified in the direction;
(b) the Vice-Chancellor may, by
writing under his hand addressed to the Chancellor and after giving two months’
notice, resign his office:
Provided also that a person
appointed as Vice-Chancellor shall retire from office if, during the term of
his office or any extension thereof, he completes the age of [4][seventy
years].
(4) When any temporary vacancy
occurs in the office of the Vice-Chancellor or when the Vice-Chancellor is, by
reason of illness, absence or for any other reason, unable to exercise the
powers and perform the duties of his office, the senior most Professor of the
University shall exercise the powers and perform the duties of the
Vice-Chancellor till the Syndicate makes the requisite arrangements for
exercising the powers and performing the duties of the Vice-Chancellor.
(5) The Vice-Chancellor shall
be a whole-time officer of the University and his emoluments and other term and
conditions of service shall be as follows.
(a) There shall be paid to the
Vice-Chancellor a fixed salary of seven thousand six hundred rupees per mensem
or such higher salary as may be fixed by the Government from time to time and
he shall be entitled to such other perquisites as may be fixed by the statutes;
(b) The Vice-Chancellor shall
be entitled to such terminal benefits and allowances as may be fixed by the
Syndicate with the approval of the Chancellor from time to time:
Provided that, where an
employee of.
(i) the University or college
or institution maintained by or affiliated to, that University; or
(ii) any other University or
colleges or institutions maintained by or affiliated to that University, is
appointed as Vice-Chancellor, he shall be allowed to continue to contribute to
the Provident Fund to which he is a subscriber, and the contribution of the
University shall be limited to what he had been contributing immediate before
his appointment as Vice-Chancellor;
(c) The Vice-Chancellor shall
be entitled to travelling allowance at such rates as may be fixed by the
Syndicate;
(d) The Vice-Chancellor shall
be entitled to earned leave on full pay at one-eleventh of the periods spent by
him on active service:
Provided that when the
earned leave applied for by the Vice-Chancellor in sufficient time before the
date of expiry of the term of his office, is refused by the Chancellor in the
interests of the University and if he does not avail of the leave before the
date of expiry of the term of his office, he shall be entitled to draw cash
equivalent to leave salary after relinquishment of his office in respect of
earned leave at his credit subject to a maximum of two hundred and forty days;
(e) The Vice-Chancellor shall
be entitled on medical grounds or otherwise, to leave without pay for a period
not exceeding three months during the term of his office:
Provided that such leave
may be converted into leave on full pay to the extent to which he is entitled
to earned leave under clause (d).
Section - 13. Removal of Vice-Chancellor.
(1) If, in the opinion of the
Chancellor, the Vice-Chancellor wilfully omits or refuses to carry out the
provisions of this Act, or abuses the powers vested in him, or misbehaves or
mismanages or his conduct involves moral turpitude or if it otherwise appears
to the Chancellor that the continuance of the Vice-Chancellor in office is
detrimental to the interests of University, the Chancellor may, direct the
Pro-Chancellor to constitute a Committee consisting of not less than three
members to enquire into the matter and place the report of the Committee before
the Chancellor.
(2) The Chancellor shall, after
considering the report of the Committee, is satisfied that the continuance of
the Vice-Chancellor in office will be detrimental to the interests of the
University or if he is found guilty of all or any of the charges by order,
remove the Vice-Chancellor:
Provided that no order
shall be passed under this section unless a reasonable opportunity of being
heard is given to the Vice-Chancellor.
Section - 14. Powers and duties of Vice-Chancellor.
(1) The Vice-Chancellor shall
be the academic head and principal executive officer of the University.
(2) The Vice-Chancellor shall,
in the absence of the Chancellor and Pro-Chancellor, preside at the meetings of
the Academic Senate and at any convocation of the University and confer
decrees, titles, diplomas or other academic distinctions upon parsons entitled
to receive them.
(3) The Vice-Chancellor shall
exercise control over the affairs of the University and shall be responsible
for the due maintenance of discipline in the University.
(4) The Vice-Chancellor shall
ensure that faithful observance of the provisions of this Act, the statutes,
ordinances and regulations made thereunder and he may exercise all powers as
may be necessary for the purpose.
(5) The Vice-Chancellor shall
give effect to the orders of the Syndicate regarding the appointment,
suspension and dismissal of the teachers and other employees of the University
and any other decision of the Syndicate.
(6) In any emergency which in
the opinion of the Vice-Chancellor requires immediate action to be taken, he
shall, by order, take such action as he deems necessary and shall, at the
earliest opportunity report the action taken to such officer or authority or
body as would have, in the ordinary course, dealt with the matter:
Provided that no such order
shall be passed unless the person likely to be affected has been given a
reasonable opportunity of being heard.
(7) Any person aggrieved by any
order of the Vice-Chancellor under sub-section (6), may prefer an appeal to the
Syndicate within thirty days from the date on which such order is communicated
to him and the Vice-Chancellor shall give effect to the order passed by the
Syndicate on such appeal.
(8) The Vice-Chancellor shall
be the ex-officio Chairman of the Syndicate, the Planning Board and
the Finance Committee. The Vice-Chancellor shall be entitled to be present at,
and to address, any meeting of any authority or other body of the University,
but shall not be entitled to vote thereat unless he is a member of such
authority or body.
(9) The Vice-Chancellor shall
have power to convene meeting of the Syndicate, the Academic Senate, the
Planning Board and the Finance Committee.
(10) The Vice-Chancellor shall
be responsible for the co-ordination and integration of teaching and research,
extension education and curriculum development.
(11) The Vice-Chancellor shall
exercise such other powers and perform such other duties as may be prescribed
by the statutes.
Section - 15. Registrar.
(1) The Registrar shall be a whole-time
salaried officer of the University appointed by the Syndicate.
(2) The terms and conditions of
service of the Registrar shall be as follows.
(a) The holder of the post of
Registrar shall be an academician in the field of law not lower in rank than
that of the Principal of Law college, or the Professor of the University who
has put in a service in such capacity for a period of not less than three years
or an officer of the Government not lower in rank than that of the Deputy
Secretary to Government, Law Department.
(b) The Registrar shall hold
office for a period of three years and shall be eligible for re-appointment:
Provided that the Registrar
shall retire on attaining the age of fifty-eight years or on the expiry of the
period specified in this clause, whichever is earlier.
(c) The emoluments and other
terms and conditions of service of the Registrar shall be such as may be
prescribed.
(d) When the office of the
Registrar is vacant or when the Registrar is, by reason of illness, absence or
for any other cause, unable to perform the duties of his office, the duties of
the office of the Registrar shall be performed by such person as the
Vice-Chancellor may appoint for the purpose.
(3) (a) The Registrar shall
have power to take disciplinary action against such of the employees, excluding
teachers of the University and academic staff, as may be specified in the
orders of the Syndicate and to suspend them pending inquiry, to administer
warnings to them or to impose on them the penalty of censure or with holding of
increments:
Provided that no such
penalty shall be imposed unless the person concerned has been given a
reasonable opportunity of showing cause against the action proposed to be taken
against him.
(b) An appeal shall lie to
the Vice-Chancellor against any order of the Registrar imposing any of the
penalties specified in clause (a).
(c) In any case where the
inquiry disclose that the punishment beyond the powers of the Registrar is
called for, the Registrar shall, upon conclusion of the inquiry, make a report
to the Vice-Chancellor along with his recommendations and the Vice-Chancellor
shall pass such order as he deems fit:
Provided that an appeal
shall lie to the Syndicate against an order of the Vice-Chancellor imposing any
penalty.
(d) No appeal under clause
(b) or clause (c) shall be preferred after the expiry of sixty days from the
date on which the order appealed against was received by the appellant.
(4) Save as otherwise provided
in this Act, the Registrar shall be the ex-officio Secretary to the
Syndicate, the Academic Senate, the Faculties and the Boards of Studies, but
shall not be deemed to be a member of any of these authorities.
(5) It shall be the duty of the
Registrar,
(a) to be the custodian of the
records, the common seal and such other property of the University as the
Syndicate shall commit to his charge;
(b) to issue all notices
convening meetings of the Syndicate, the Academic Senate, the Faculties, the
Boards of Studies, the Boards of Examiners and of any Committee appointed by
the authorities of the University;
(c) to keep the minutes of all
the proceedings of the meeting of the Syndicate, the Academic Senate, the
Faculties, the Boards of Studies, the Boards of Examiners and of any Committee
appointed by the authorities of the University;
(d) to conduct the official
correspondence of the Syndicate;
(e) to supply to the
Chancellor, copies of the agenda of the meetings of the authorities of the
University as soon as they are issued and the minutes of the proceedings of
such meetings; and
(f) to exercise such other
powers and perform such other duties as may be specified in the statutes, the
ordinances or the regulations or as may be required, from time to time, by the
Syndicate or the Vice-Chancellor.
(6) 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.
Section - 16. Finance Officer.
(1) The Finance Officer shall
be a whole time Salaried Officer of the University appointed by the Syndicate
for such period as may be specified by the Syndicate in this behalf,
(2) Appointment of the Finance
Officer shall be made by the Syndicate from out of a panel of three names
recommended by the Government.
(3) The emoluments and other terms
and conditions of service of the Finance Officer shall be such as may be
prescribed by ordinances.
(4) The Finance Officer shall
retire on attaining the age of fifty-eight years or on the expiry of the period
specified by the Syndicate under Sub-section (1), whichever is earlier:
Provided that the Finance
Officer shall, notwithstanding his attaining the age of fifty-eight years,
continue in office until his successor is appointed and enters upon his office
or until the expiry of a period of one year, whichever is earlier.
(5) When the office of the
Finance Officer is vacant or when the Finance Officer is, by reason of illness,
absence or for any other cause, unable to perform the duties of his office, the
duties of the Finance Officer shall be performed by such person as the
Vice-Chancellor may appoint for the purpose.
(6) The Finance Officer shall
be the ex-officio Secretary to the Finance Committee, but shall not
be deemed to be a member of such Committee.
(7) The Finance Officer shall,
(a) exercise general supervision
over the funds of the University and shall advise the University as regards its
financial policy; and
(b) exercise such other powers
and perform such other financial functions as may assigned to him by the
Syndicate or as may be prescribed by the statuses or ordinances:
Provided that the Finance
Officer shall not incur any expenditure or make any investment exceeding such
amount as may be prescribed without the previous approval of the Syndicate.
(8) Subject to the control of
the Syndicate, the Finance Officer shall.
(a) hold and manage the
property and investments of the University including trust and endowment,
property;
(b) ensure that the limit fixed
by the Syndicate for recurring and non-recurring expenditure for a year are not
exceeded and that all moneys are expended on the purposes for which they are
granted or allotted;
(c) be responsible for the
preparation of annual accounts, financial estimate, and the budget of the
University and for their presentation to the Syndicate;
(d) keep a constant watch on
the cash and bank balance and of investments;
(e) watch the progress of the
collection of revenue and advice on the methods of collection employed;
(f) ensure that the registers
of buildings, lands, furniture and equipments are maintained upto date and that
stock checking is conducted of equipments and other consumable materials in all
offices, special centres and colleges maintained by the University;
(g) bring to the notice of the
Vice-Chancellor any unauthorised expenditure or other financial irregularity
and suggest appropriate action to be taken against persons at fault; and
(h) call from any office,
centre college maintained by the University, any information or returns that he
may consider necessary for the performance of his duties:
(9) The receipt of the Finance
Officer or the person or persons duly authorised in this behalf by the
Syndicate for any money payable to the University shall be a sufficient
discharge for payment of such money.
Section - 17. Controller of Examinations.
(1) The holder of the post of
Controller of Examinations shall be an academician in the field of law not
lower in rank than that of the lecturer (Selection Grade) of a college.
(2) The Controller of
Examinations shall be a whole-time officer of the University appointed by the Syndicate
for such period and on such terms and conditions as may be prescribed.
(3) The Controller of
Examinations shall exercise such powers and perform such duties as may be
proscribed.
Chapter
IV AUTHORITIES
OF THE UNIVERSITY
Section - 18. Authorities of the University.
The authorities of the
University shall be the Syndicate, the Academic Senate the Board of Studies the
Finance Committee, the Planning Board, the Faculties and such other authorities
as may be declared by the statutes to be the authorities of the University.
Section - 19. Disqualification for membership.
(1) No person shall be
qualified for nomination or election as a member of any of the authorities of
the University, if on the date of such nomination or election he is.
(a) of unsound mind or a deaf-mute,
or,
(b) an applicant to be
adjudicated as an insolvent or an undischarged insolvent; or
(c) sentenced by a criminal
court to imprisonment for any offence involving moral turpitude.
(2) In case of dispute or doubt
as to whether a person is disqualified under sub-section (1), the Syndicate
shall determine and its decision shall be final.
Section - 20. Disqualification or election or nomination to Syndicate and Academic Senate in certain cases.
(1) (a) Notwithstanding
anything; contained in Sections 22 and 29, no person who had held office as a
member for a total period of six years in any one or more of the following
authorities of the University, namely.
(i) the Syndicate, and
(ii) the Academic Senate, shall
be eligible for election or nomination to any of the said two authorities.
(b) Notwithstanding
anything contained in clause (a), no person who has held office as a member for
a total period of six years in any one or more of the following authorities of
any other University established under any law of the State Legislature.
(i) the Syndicate,
(ii) the Senate,
(iii) the standing Committee on
Academic Affairs,
(iv) the Governing Council,
(v) the Board of Management,
(vi) the Executive Council,
(vii) the Academic Committee.
(viii) the Academic Council, shall
be eligible for election or nomination to the Syndicate or the Academic Senate
of the University under this Act:
Provided that for the
purpose of computing the total period of six years referred to in this
sub-section, the period of three years during which a person held office in one
authority either by election or by nomination and the period of three years
during which he held office in another authority either by election or by
nomination shall be taken into account and accordingly, such person shall not
be eligible for election or nomination to any of the two authorities referred
to in clause (a):
Provided further that for
the purpose of this sub-section a person who has held office for a period of
not less than one year in any of the authorities referred to in clause (a) or
clause (b), in casual vacancy shall be deemed to have held office for a period
of three years in that authority:
Provided also that for the
purpose of this sub-section if a person was elected or nominated to one
authority and such person become 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 apply to.
(i) ex-officio members
referred to in Section 22; and
(ii) ex-officio members
referred to in Section 29 but not including members of the Syndicate who are
not otherwise members of the Academic Senate.
Section - 21. Vice-Chancellor and other officers etc., to be public servants.
The Vice-Chancellor, the
Registrar, the Finance Officer, the Controller of Examinations and other
employees of the University shall be deemed when acting or purporting to act in
pursuance of any of the provisions of this Act, to be public servants within
the meaning of Section 21 of the Indian Penal Code (Act 45 of 1860).
Section - 22. Syndicate.
(1) The Chancellor shall, as
soon as may be, after the first Vice-Chancellor is appointed under Section 63
constitute the Syndicate.
(2) The Syndicate shall, in
addition to the Vice-Chancellor, consist of the following members, namely.
Class
I—Ex-officio Members
(a)
The Secretary to Government in-charge of law;
(b)
The Secretary to Government in-charge of
Education;
(c)
The Director of Legal Studies; and
(d)
The Advocate General, Tamil Nadu.
Class
II—Other Members
(a) one serving or retired
Judge of High Court, Madras nominated by the Government in consultation with
the Chief Justice of High Court, Madras;
(b) One Teacher elected by the
Academic Senate from among its members who shall be a teacher of an affiliated college;
(c) One, University Reader
nominated by the Vice-Chancellor by rotation according to seniority;
(d) Two University Professors
from among the Heads of Departments of study and research school of excellence
or centres of advanced studies nominated by the Government on the
recommendation of the Vice-Chancellor by rotation according to seniority;
(e) One member nominated by the
Government to secure representation of the Scheduled Castes and the Scheduled
Tribes from among the members of the legal profession or from the members of
the law teaching faculty;
(f) One member nominated by the
Government to secure representation of the Most Backward Classes and the
Denotified Communities from among the members of the legal profession or from
the members of the law teaching faculty;
(g) Two Principals of
affiliated colleges nominated by the Vice-Chancellor;
(h) One member nominated by the
Bar Council of India;
(i) Chairman of the Bar Council
of Tamil Nadu;
(j) One member elected by the
Academic Senate from among its members; and
(k) One member nominated by the
Chancellor from among the members of the Academic Senate.
(3) The Vice-Chancellor shall
be the ex-officio Chairman of the Syndicate.
(4) (a) Save as otherwise
provided, the members of the Syndicate, other than
the ex-officio members, shall hold office for a period of three years
and such members shall be eligible for election or nomination for not more than
another period of three years.
(b) Where a member is
elected or nominated to the Syndicate in a casual vacancy the period of office
held for not less than one year by any such member shall be construed as a full
period of three years:
Provided, that a member of
the Syndicate who is elected or nominated in his capacity as a member of a
particular electorate of body, or the holder of a particular appointment shall
cease to be a member of the Syndicate from the date on which he ceases to be a
member of that electorate or body, or the hold or of that appointment, as the
case may be:
Provided further that where
an elected or nominated member of the Syndicate is appointed temporarily to any
of the office by virtue of which he is entitled to be a member of the
Syndicate, ex-officio, he shall by notice in writing signed by him and
communicated to the Vice-Chancellor within seven days from the date of his
taking charge of his appointment, choose whether he will continue to be a
member of the Syndicate by virtue of his election or nomination or whether he
will vacate office as such member and become a member ex-officio by
virtue of his appointment and the choice shall be conclusive. On failure to
make such a choice, he shall he deemed to have vacated his office as an elected
or a nominated member.
(5) 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.
Section - 23. Power of Syndicate.
Syndicate shall have the
power,
(1) to make statutes and amend
or repeal the same,
(2) to make ordinances and
amend or repeal the same;
(3) to hold, control and
administer the properties and funds of the University;
(4) to provide for instruction
and training in such branches of learning in various fields of law as it may
deem fit;
(5) to establish departments of
study in the University is such discipline of learning in various fields of law
as it may deem fit:
(6) to provide for research and
advancement and dissemination of knowledge in various fields of law;
(7) to institute lecturer ships,
readerships, professorships and any other teaching posts required by the
University;
(8) to prescribe, in
consultation with expert committees, to be appointed for the purpose, the
conditions for affiliating colleges to the University or approval of
institution by the University and to withdraw such affiliation or approval:
(9) to institute, degrees,
diplomas and other academic distinctions;
(10) to confer degrees, diplomas
and other academic distinctions on persons who.
(a) shall have pursued an
approved course of study or training in a college or in an approved
institution, unless exempted therefrom in the manner prescribed by the statutes
and shall have passed the examinations prescribed by the University; or
(b) shall have carried on
research under conditions prescribed by the statutes;
(11) to confer honorary degrees
or other honorary distinctions on the recommendation of not less than
two-thirds of the members of the Syndicate;
(12) to consider and take such
action as it may deem fit on the annual report, the annual accounts and the
financial estimates;
(13) to prescribe the
qualifications of teachers in the University departments and University
colleges and the affiliated colleges in the statutes;
(14) to appoint, on the
recommendation of the Selection Committee of Experts appointed for the purpose,
University Lecturers, Professors, Readers and teachers, fix their emoluments,
define, their duties and the conditions of their service and, provide for
filling up of temporary vacancies;
(15) to make statutes specifying
the mode of appointment of persons to administrative and other posts, provide,
for filling up of temporary vacancies and define their duties and their terms
and conditions of service;
(16) to take disciplinary
proceedings against the University Profession, Readers Lecturers, Teachers and
other employees of the University in the manner prescribed by the statutes and
to impose such penalties as may be specified in the statutes and to place them
under suspension pending enquiry;
(17) to cause an inspect on of
all collages, and other institutions affiliated or to be affiliated, to the
University and to take such action as may be deemed necessary;
(18) to prescribe, the manner to
which and the conditions subject to which, a college of institution may be
designated as an autonomous college or institution and to cancel such
designation;
(19) with the concurrence of the
Government, to designate any college as an autonomous college and to cancel
such designation;
(20) to recognise, on the report
of inspection commission any college or institution outside the University
area;
(21) to raise on behalf of the
University loam from the central or any State Government or any corporation
owned or controlled by the Central or any State Government or from the public;
(22) to borrow money for the
purposes of the University with the approval of the Government on the security
of the property of the University;
(23) to appoint examiners on the
recommendation of the Boards of Studies and to fix their remuneration;
(24) to charged collect such
fees and as may be prescribed by the statutes;
(25) to conduct the University
examination and approve and publish the Jesuits thereon;
(26) to appoint members to the
Boards of Studies;
(27) to make ordinances,
regarding the admission at students to the University or prescribing
examinations to be recognized as equivalent to University examinations;
(28) to establish and maintain
hostels;
(29) to recognise hostels not
maintained by the University ; and to suspend or withdraw recognition of any
hostel which is not conducted in accordance with the conditions subject to
which such hostel was recognised.
(30) to supervise the residence
of the students of the University and to make arrangements for securing their
health and well-being.
(31) to award fellowships,
travelling fellowships, studentships, medals and prizes in accordance with the
statutes;
(32) to manage any publication
bureau, employment bureau and University sports or athletic clubs instituted by
the University;
(33) to review the instruction
and teaching of the University;
(34) to promote research within
the University and to require reports from time to time of such research;
(35) to administer all
properties and funds placed at the disposal of the University for specific
purpose;
(36) to accept, on behalf of the
University, endowments, bequests, donations, grants and transfer of any movable
and immovable property of the Universal side to it: and
(37) to delegate any of its
powers to the Vice-Chancellor, to a committee from among its own members or to
a committee appointed in accordance with the statutes.
Section - 24. Meetings of Syndicate.
(1) the Syndicate shall meet at
least once in every two months at such times and places and shall, subject to
the provisions of sub-section (2) and (3), observe such rules of procedure in
regard to transaction of business at its meetings including the quoram at
meetings as may be prescribed by the statutes.
(2) The Vice-Chancellor or, in
his absence, any member chosen by the members present, shall preside at a
meeting of the Syndicate.
(3) All questions at any
meeting of the Syndicate shall be decided by a majority of the votes of the
members present and voting and, in the case of equality of votes the
Vice-Chancellor or the member presiding as the case may be, shall have and
exercise a second or casting vote.
(4) In case a Secretary to
Government who is an ex-officio member, is unable to attend the
meetings of the Syndicate for any reason, he may depute any officer of his
department not lower in rank than that of a Deputy Secretary to Government to
attend the meeting and the officer so deputed shall have the right to take part
in the proceedings of such meetings and shall have the right to vote.
(5) (a) The Syndicate may, for
the purpose of consultation invite any person having special knowledge or
practical experience in any subject under consideration to attend any meeting
such person may speak in and otherwise take part in the proceedings of such
meeting but shall not be entitled to vote.
(b) The person so invited
shall be entitled to such daily and travelling allowances as are admissible to
a member of the Syndicate.
Section - 25. Members not entitled to remuneration.
The members of the
Syndicate shall not be entitled to receive any remuneration from the University
except such travelling and daily allowance as may be prescribed by the
statutes;
Provided that nothing
contained in this section shall preclude any member from drawing his emolument
to which he is entitled by virtue of the office he holds.
Section - 26. Registration of members.
A member of the Syndicate
other than an ex-officio member may tender resignation of his membership at any
time before the expiry of the term of his office. Such resignation shall convey
to the Chancellor by a letter in writing by the member and the resignation
shall take effect from the date of its acceptance by the Chancellor.
Section - 27. Annual report.
(1) The annual report of the
University shall be prepared by the Syndicate and shall be placed before the
Academic Senate on or before such date as may be prescribed by the statues and
shall be considered by the Academic Senate at its next annual meeting. The
Academic Senate may pass resolution there on and communicate the same to the
Syndicate which shall take action in accordance therewith.
(2) The syndicate shall inform
the academic senate of the action taken by it on the, resolution passed by the
Academic Senate.
(3) A copy of the annual report
and copy of the resolution passed by the Academic Senate together with
information on the action taken under sub-section (2) shall be submitted to the
Government by the Syndicate [5][*
* *].
(4) [6][On receipt of a copy of
the annual report, the Government shall cause a copy of such report together
with their comments thereon to be laid before the Legislative Assembly.]
Section - 28. Annual accounts.
(1) The annual accounts of the
University shall be submitted by the Syndicate to such examination and audit as
the Government may direct and a copy of the annual accounts and audit report
shall be submitted to the Government.
(2) The Syndicate shall settle
objections raised in such audit and carryout such instructions as may be issued
by the Government on the audit report.
(3) The account when audited
shall be published by the Syndicate in such manner as may be prescribed by the
ordinances and copies thereof shall be submitted to the Academic Senate at its
meeting and to the Government within three months of such publication.
(4) [7][The Government shall cause
the annual accounts and the audit report to be laid before the Legislative
Assembly.]
THE
ACADEMIC SENATE
Section - 29. Academic Senate.
(1) The Academic Senate shall
consist of the following ex-officio and other member namely.
Class
I-Ex-Officio Members
(a) The Chancellor;
(b) The Pro-Chancellor;
(c) The Vice-Chancellor;
(d) The Advocate General, Tamil
Nadu;
(e) The public Prosecutor, High
Court, Madras;
(f) The principals of all Law
colleges, affiliated to the University,
(g) Heads of University
Department of Study and Research;
(h) The President of the Madras
High Court women Advocates Association
(i) The President of the
Advocates Association of Madras High Courts;
(j) The President of the Bar
Association of Madras High Court;
(k) The Librarian of the
University Library; and
(l) Members of the Syndicate
who are not otherwise members of the Academic Senate,
Class
II—Other Members
(a) One serving or retired
judge of High Court Madras, nominated by the Chief Justice of High Court,
Madras;
(b) Two members nominated by
the Government from among eminent Senior Advocates of whom one shall he a woman
Advocate;
(c) One member nominated by the
Government from among the members of the Tamil Nadu Legislative Assembly;
(d) Two members nominated by
the Bar Council of Tamil Nadu from among his members;
(e) On member each nominated by
the Chancellor representing.
(i) Chamber of Commerce;
(ii) Social Sciences; and
(iii) the Sciences; and
(f) One teacher from each
affiliated college elected by the teachers of affiliated colleges from among
themselves;
(g) [8][Two members nominated by
the Government from among the eattnent Advocates from the mofussil Bar
Associations.
(h) Two members nominated by
the Government from among the Presidents of the district Bar Associations by
rotation.]
(2) (a) Save as otherwise
provided, elected and nominated members of the Academic Senate shall hold
office for a period of three years and such members shall be eligible for
election or nomination for not more than another period of three years.
(b) Where a member is
elected or nominated to the Academic 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:
Provided that a member of
the Academic Senate who is elected or nominated in his capacity as, a member of
a particular electorate or body, or the holder of a particular appointment,
shall cease to be member of Academic Senate from the date on which he ceases to
be a member of that electorate or body, or the holder of that appointment, as
the case may be:
Provided further that where
an elected or a nominated member of the Academic Senate is appointed
temporarily to any of the offices by virtue of which he is entitled to be a
member of the Academic 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 Academic 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 a choice, he shall be deemed to have
vacated his office as an elected or a nominated member.
(3) When a person ceases to be
a member of the Academic Senate, 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 Senate.
(4) The members of the Academic
senate shall not be entitled to receive any remuneration from the University
except such daily travelling allowances as may be prescribed:
Provided that nothing
contained in this sub-section shall preclude any member from drawing his normal
emoluments to which he is entitled by virtue of the office he holds;
(5) A member of the Academic
Senate, other than an ex-officio member, may tender resignation of
his membership at any time before the term of his office expires such
resignation shall be conveyed to the Chancellor by a letter in writing by the
member, and the resignation shall take effect from the date of its acceptance
by the Chancellor.
Section - 30. Academic Senate to review the policies and programmes of the University.
Subject to the other
provisions of this Act, the Academic, Senate shall, have the following powers
and functions, namely.
(a) to review, from time to
time, the broad policies and programmes of the, University and to suggest
measures for the improvement and development of the University;
(b) to advice the Chancellor in
respect of any matter, which may be referred to it for advice; and
(c) to exercise such other
powers and perform such other functions as may be prescribed by the statutes.
Section - 31. Meetings of Academic Senate.
(1) The Academic Senate shall
meet at least twice in every year on dates to be fixed by the Vice-Chancellor.
One of such meetings shall be called the annual meeting. The Academic Senate
may also meet at such other times as it may, from time to time, determine;
(2) one third of the total
strength of the members of the Academic Senate shall be the quorum required for
a meeting of the Academic Senate:
Provided that such quorum
shall not be required at a convocation of the University or a meeting of the
Academic 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 fifty per cent of the total members of the Academic Senate, convene a
special meeting of the Academic Senate.
Section - 32. Finance Committee.
(1) The Finance Committee shall
consist of the following members, namely.
(a) the Vice-Chancellor;
(b) the Secretary to Government
in-charge of Finance;
(c) the Secretary to Government
in-charge of law; and
(d) three members nominated by
the Syndicate from among its members of whom one shall be a University
Professor and one shall be a person nominated to the Syndicate by the
Government,
(2) If for any reason, any
officer referred to in clause (b) or clause (c) of sub-section (1) is unable to
attend any meeting of the Finance Committee, he may depute any officer of his
department not lower in rank than that of a Deputy Secretary to Government to
attend such meeting. The officer so deputed shall have the right to take part
in the discussion of the Finance Committee and shall have the right to vote,
(3) The Vice-Chancellor shall
be the ex-officio Chairman and the Finance Officer shall be
the ex-officio Secretary to the Finance Committee.
(4) The members nominated to
the Finance Committee by the Syndicate under clause (d) of sub-section (i)
shall hold office for a period of three years,
(5) The annual accounts of the
University prepared by the Finance Officer shall be laid before the Finance
Committee for consideration and comments and thereafter submitted to Syndicate
for approval.
(6) The financial estimates of
the University prepared by the Finance Officer shall be laid before the Finance
Committee for consideration and comments. The said estimates as modified by
Finance Committee shall then be laid before the Syndicate for consideration.
The Syndicate may approve, finance estimates with such modifications as it deems
fit.
(7) The Finance Committee shall
recommend limits for the recurring expenditure and the total non-recurring
expenditure for the year based on the income and resources of the University
which in the case of productive works may include the proceeds of loans.
(8) The Finance Committee shall.
(a) meet atleast once in three
months to examine the accounts and to scrutinise proposals for expenditure;
(b) review the financial
position of the University from time to time;
(c) make recommendations to the
Syndicate on every proposal involving investment or expenditure for which no
provision has been made in the annual financial estimates or which involves
expenditure in excess of the amount provided for in the annual financial
estimates;
(d) prescribe the methods and
procedure and forms for maintaining the accounts of the University;
(e) make recommendation to the
Syndicate on all matters relating to the finances of the University; and
(f) perform such other
functions as may be prescribed by the statutes,
Section - 33. Planning Board.
(1) There shall be constituted
a Planning Board which shall advice generally on the planning and development
of the University and review the standard of education and research in the
University.
(2) The Planning Board shall
consist of the following member's, namely.
(a) The Vice-Chancellor who
shall be the ex-officio Chairman or the Planning Board, and
(b) not more than eight persons
of high academic standing nominated by the Syndicate.
(3) The planning Board shall,
in addition to all other person vested in it by this Act, have the right to
advise the Syndicate and the Academic Senate on any academic matter.
(4) The term of office of the
nominated members of the Planning Board shall be three years and they are
eligible for re-nomination after the expiry of their terms of office.
Section - 34. Board of Studies.
(1) There shall be a board of
studies attached to each department of teaching of research.
(2) The constitution and powers
of the board of Studies shall be such as may be prescribed.
Section - 35. Constitution of other authorities.
The Syndicate may
constitute such other authorities or the University as may be necessary in the
manner prescribed in the statutes.
Section - 36. Constitution of Committees and delegation of powers.
All the authorities of the
University shall have power to constitute or reconstitute committees and to
delegate to them such of their powers as they deemfit; such committees shall,
save as otherwise provided, consist of members of the authority concerned and
of such other persons if any, as the authority in each case may deem fit.
Section - 37. Constitution and functions of Faculties, Statutes.
(1) The University having
regard to the objectives and its functions, may constitute Faculties as may be
prescribed by statutes.
(2) The constitution and
functions of the Facilities shall, in all other respects, be such as may be
prescribed by statues.
(3) Each faculty shall comprise
such departments of Machine as may be prescribed in the statutes.
Chapter
V STATUTES
ORDINANCES AND REGULATIONS
Section - 38. Statutes.
Subject to the provisions,
of this Act, the statutes may provide for all or any of the following matters,
namely.
(1) the holding of convocation
to confer degrees, diplomas and other academic distinctions;
(2) the conferment of honorary
degrees and other distinctions;
(3) the constitution, powers
and functions of the authorities of the University;
(4) the manner of filling
vacancies among members of the authorities of the university;
(5) the allowances to be paid
to the members of the authorities of the University and committees thereto;
(6) the procedures at the
meetings of the authorities of the University including the quoram for the
transaction of business at such meetings;
(7) the authentication of the
orders of decisions of the authorities of the University;
(8) the formation of
departments of research at the University;
(9) the term of office and
methods of appointment and conditions of service of the officers of the
University other than the Chancellor and the Pro-Chancellor;
(10) the qualifications of the
teachers and other persons employed by the University and affiliated colleges
collects or institutions;
(11) the classification, the
method of appointment and determination of the terms and conditions of service
of service of the teachers and other persons employed by the University;
(12) the institution of pension,
gratituty, insurance or provident it no for the benefit of the Officers,
teachers and other persons employed by the University;
(13) the institution of
fellowships travelling fellowships, scholarships, studentships, bursaries,
exhibitions, medals and prizes and the conditions of award thereof;
(14) the conditions of
affiliation of colleges to the University;
(15) the manner in which and the
conditions subject to which a college may be designated as an autonomous
college and the conditions sublet to which such designation may be cancelled
and matters incidental to the administration of autonomous colleges including
the constitution or reconstitution, power and duties of Boards of Studies and
Board of Examiners;
(16) the establishment and
maintenance of halls and hostels;
(17) the conditions for
regulation of hostels other than those maintained by the University;
(18) the conditions for
residence of students of the University in the halls and the hostels and the
levy of fees and other charges for such residence;
(19) the conditions of
registration of graduates and the maintenance of register thereof;
(20) the delegation of powers
vested in the authorities of officers of the University; and
(21) any other matter which is
required to be or may be prescribed by the statutes.
Section - 39. Statutes how made.
(1) The syndicate may, from
time to time, makes statutes and amend or repeal the statues in the manner here
after provided in this section.
(2) The Academic Senate or the
Vice-Chancellor may propose to the Syndicate the draft of and statutes or of
any amendments to or of repeal of, a statute to be passes by the Syndicate and
such draft shall be considered by the Syndicate at its next meeting:
Provided that the
Vice-Chancellor shall not propose any amendment to any statute affecting the
statutes, powers and constitution of any authority of the University, until
such authority has been given an opportunity of expressing its opinion and the
opinion so expressed shall be considered by the Syndicate.
(3) The syndicate day consider
the draft proposed by the Academic Senate or the Vice-Chancellor under
sub-section (2), and may either pass the draft or reject or return it with or
without amendments to the Academic Senate or the Vice-Chancellor, as the case
may be, for reconsideration.
(4) (a) Any member of the
Syndicate may propose to the Syndicate the draft of a statute or any amendment
to, or of repeal of a statute and the Syndicate, may either accept or reject
the draft if it relates to matter not falling within the purview of the
Academic Senate.
(b) In case such draft
relates to a matter within the purview of the Academic Senate, the Syndicate
shall refer it for consideration to the Academic Senate, which may either
report to the Syndicate that it does not approve the draft or submit the draft
to the Syndicate in such form as the Academic Senate may approve and the
Syndicate may either pass with or without amendment or reject the draft.
(5) A statutes or an amendment
to, or repeal of a statute passed by the Syndicate shall be submitted to the
Chancellor who may assent thereto or withhold his assent. A statute or an
amendment to, or repeal of a statute passed by the Syndicate shall have no
validity until it has been assented to by the Chancellor.
Section - 40. Ordinances.
Subject to the provisions
of this Act and the states, the ordinances may provide for all or any of the
following matters, namely.
(a) the admission of the
students to the University and its affiliated colleges and the levy of fees for
admission to the University and colleges;
(b) the courses of study
leading to all degrees, diplomas and other academic distinctions of the
University;
(c) the conditions under which
the students shall be admitted to the courses of study leading to degrees,
diplomas and other academic distinctions of the University;
(d) the conduct of examination
of the University and the conditions subject to which students shall be
admitted to such examinations;
(e) the manner in which
exemption relating to the admission of students to examinations may be given;
(f) the conditions and mode of
appointment and duties of examining bodies and examiners;
(g) the maintenance of
discipline among the students of the University;
(h) the fees to be charged for
courses of study, research, experiment and practical training and for admission
to the examinations for degrees, diplomas and other academic distinctions of
the University; and
(i) any other matter which by
this Act or the statutes is required to be, or may be, prescribed by
ordinances.
Section - 41. Ordinances how made.
(1) In making ordinances, the
Syndicate shall consult.
(a) the Boards of Studies when
such ordinances affect the appointment and duties of examiners; and
(b) the Academic Senate 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 the Syndicate may direct aid
every ordinance so made shall be submitted, as soon as may be, to the
Chancellor and the Academic Senate and shall be considered by the Academic
Senate at its next succeeding meeting.
(3) The Chancellor may direct
that the operation of any ordinance shall be suspended until such time as the
Academic Senate as had an opportunity of considering the same.
Section - 42. Regulations.
(1) The Syndicate and the
Academic Senate may make regulations consistent with the provisions of the Act,
the statutes and the ordinances for all or any of the matters which by this Act
and the statutes and ordinances are to be provide for by regulations.
(2) All such regulations shall
have effect from such date as the Syndicate or the Academic Senate, as the case
may be, may appoint in that behalf.
Chapter
VI ADMISSION
AND RESIDENCE OF STUDENTS
Section - 43. Admission to University Courses.
(1) No person shall be admitted
to a course of study in the University for admission to the examination for
degrees, diplomas or other academic distinctions of the University unless he,
(a) has passed the examination
prescribed therefor; and
(b) fulfills such other
conditions as may be prescribed by the University.
(2) 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 Senate, be enrolled as a member of a University college or of an
affiliated college, as the case may be. Any such exemption may be made subject
to such conditions as the Syndicate may deem fit.
(3) Students exempted from the
provisions of sub-section (2) and students admitted in accordance with the
conditions prescribed to courses of study other than courses of study for a
degree shall be non-collegiate students of the University.
Section - 44. Selection and admission of candidates to colleges and institutions.
Notwithstanding anything
contained in Section 43 or in any other provisions of this Act,
(a) the Government shall be the
competent authority to select and admit candidates to a course of study or
training in the Government colleges and institutions and to a course of study
or training in private colleges including aided colleges and institutions to
which this Act applies in respect of seats under Government quota; and
(b) the Government may specify,
by general or special order, the policy, guidelines, method and procedure for
selection of candidates for admission to a course of study or training in
Government colleges and institutions and to a course of study or training in
private colleges including aided colleges and institutions to which this Act
applies, in respect of seats under Government quota.
Explanation. In this
section, the expression “seats under Government quota” means the seats reserved
in a course of study of training in private colleges or private institutions to
which this Act applies, to be filled in by the Government from among the
approved list of candidates selected for admission.
Section - 45. Admission to University Examinations.
No candidate shall be
admitted to any University examination unless he is enrolled as a member of a
University college 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 Senate made under the regulations prescribed. Exemptions granted under
this section shall be subject to such conditions as the Syndicate may deem fit.
Section - 46. Attendance qualifying for University Examinations.
No attendance at
instruction given in any college or institution, other than that conducted,
affiliated or approved by the University, shall qualify for admission to any
examination of the University.
Section - 47. Residence and Hostels.
Every student of the
University, other than a non-collegiate student, shall be required to reside in
a hostel or under such other conditions as may be prescribed.
Chapter
VII UNIVERSITY
FUNDS, ETC.
Section - 48. General Funds.
The University shall have a
General Fund to which shall be credited,
(a) its income from fees,
grants, donations and gifts, if any;
(b) any contribution or grant
made by the Central Government or any State Government or any local authority
or the University Grants Commission or any other similar body or any
corporation owned or controlled by the Central or any State Government;
(c) the endowments and other
receipts; and
(d) the money borrowed by it.
Section - 49. Other Funds.
The University may have
such other funds as may be prescribed by the statutes.
Section - 50. Management of Funds.
The funds and all moneys of
the University shall be managed in such manner as may be prescribed by the
statutes.
Chapter
VIII CONDITIONS
OF SERVICE
Section - 51. Pension, gratuity etc.
(1) The University shall
institute for the benefit of its officers, teachers, and other persons employed
by the University, such pension, gratuity, insurance and provident fund as it
may deem fit, in such manner and subject to such conditions as may be
prescribed.
(2) Where the University has so
instituted a provident fund under sub-section (1), the Government may declare
that the provisions of the Provident Fund Act, 1925 (Act 19 of 1925), shall
apply to such fund as if the University were a local authority and the fund a
Government Provident Fund.
(3) The University may, in
consultation with the Finance Committee, invest the provident fund in such
manner, as it may determine.
Section - 52. Conditions of service.
Subject to the provisions
of this Act, the appointment, procedure for selection, pay and allowances and
other conditions of service of officers, teachers and other persons employed in
the University shall be such as may be prescribed by the statutes:
Provided that in regard to
the appointments in the University, the rule of reservation as applicable to
the appointments in the services under the Government shall be followed.
Explanation. For the
purpose of this section, the word “officers” shall not include the Chancellor
and the Pro-Chancellor.
Section - 53. Selection Committee.
(1) There shall be a Selection
Committee for making recommendations to the Syndicate for appointment to the
posts of Professor, Assistant Professor, Reader, Lecturer and Librarian of
University colleges or institutions maintained by the University.
(2) The Selection Committee for
appointment to the posts specified in sub-section (1) shall consist of the
Vice-chancellor, a nominee of the Chancellor, a nominee of the Government and
such other persons as may be prescribed by the statutes:
Provided that the selection
for such appointment by the Selection Committee shall be made in accordance
with the guidelines that may be issued by the University Grants Commission or
other agencies concerned in relation to such appointment.
Section - 54. Terms and conditions of appointment of Heads of Departments.
(1) Each Department of the
University full have a Head who shall be a Professor and whose duties and
functions and terms and conditions of appointment shall be such as may be
prescribed by the ordinances:
Provided that if there is
more than one Professor in any Department, the Head of the Department shall be
appointed in the manner prescribed by the ordinances:
Provided further that in a department
where there is no Professor, an Assistant Professor or a Reader may be
appointed as Head of the Department in the manner prescribed by the ordinances.
(2) It shall be open to a
Professor or an Assistant Professor or a Reader to decline the officer of
appointment as Head of the Department.
(3) A person appointed as Head
of the Department shall hold office as such for a period of three-years and
shall be eligible for re-appointment.
(4) A Head of the Department
may resign his office at any time during his tenure of office.
(5) A Head of the Department
shall perform such functions as may be prescribed by the ordinances.
Section - 55. Deans of Faculties.
(1) Every Dean of Faculty shall
be appointed by the Vice-Chancellor from among the Professors in the Faculty
for a period of three years and he shall be eligible for re-appointment:
Provided that a Dean on
attaining the age of fifty-eight years shall cease to hold office as such:
Provided further that if at
anytime there is no Professor in a Faculty, the Vice-Chancellor shall exercise
the powers of the Dean of the Faculty.
(2) When the office of the Dean
is vacant or when the Dean is by reason of his illness absence, or any other
cause, unable to perform the duties of his office, the duties of his office
shall be performed by such person as the Vice-Chancellor may appoint for the
purpose.
(3) The Dean shall be the Head
of the Faculty and stall be responsible for the conduct and maintenance of the
standards of teaching and research in the Faculty. The Dean shall have such
other functions as may be prescribed by the ordinances.
(4) The Dean shall have the
right to be present and to speak at any meeting, of the Boards of Studies or
Committees or the Faculty, as the case may be, but shall not have the right to
vote there at unless he is a member thereof.
Chapter
IX MISCELLANEOUS
Section - 56. Filling of casual vacancies.
All casual vacancies among
the members (other than ex-officio members). Of any authority or
other body of the University shall be filled as soon as may be by the person or
body who or which nominated or elected the member whose place has become vacant
and the person nominated or elected to a casual vacancy shall be a member of
such authority or body for the residue of the term for which the person whose
place he fills would have been a member:
Provided that vacancies
arising by efflux of time among elected members of any authority or other body
of the University may be filled at ejections which may be fixed by the
Vice-Chancellor to take place on such day, not earlier than two months from the
date on which the vacancies arise, as he thinks fit:
Provided further that no
casual vacancy shall be filled if such vacancy occurs, within six months before
the date of the expiry of the term of the member of any authority or other body
of the University.
Section - 57. Proceedings of the University authorities and bodies not to be invalidated by vacancies.
No act or proceeding of any
authority or other body of the University shall be invalidated merely by reason
of the existence of any vacancy or of any defect or irregularity in the
election or appointment of a member of such authority or other body of the
University or of any defect or irregularity in such act or proceedings not
affecting the merits of the case or on the ground only that the authority or
other body of the University did not meet at such intervals as required under
this Act.
Section - 58. Removal from membership of the University.
(1) The Syndicate may,
(a) on the recommendation of
not less than two thirds of the members of the Syndicate, remove, by an older
in writing, made in this behalf, the name of any person from the register of
law 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 Syndicate and by a majority of not less than two-thirds of the members of
the Syndicate present and voting at the meeting, if such person has been
convicted by a criminal court for an offence which in the opinion of the
Syndicate involves moral turpitude or if he has been guilty of gross misconduct
and for these me reason, the Syndicate may withdraw any degree or diploma or
other academic distinction conferred on, or granted to, that person by the
University.
(2) The Syndicate may also by
an order in writing made in this behalf, remove any person from the membership
of any authority of the University if he becomes of unsound mind or deaf-mute
or has applied to be adjudicated, or has been adjudicated, as an insolvent.
(3) No action under this
section shall be taken against any person unless he has been given a reasonable
opportunity to show cause against the action proposed to be taken.
(4) A copy of every order
passed under sub-section (1) or sub-section (2), as the case may be, shall as
soon as may be, after it is so passed, be communicated, to the person concerned
in the manner prescribed by regulations.
Section - 59. Disputes as to election or nomination to University authorities and bodies.
If any question arises,
whether any person has been duly elected or nominated as, or is entitled to be,
a member of any authority of the University or other body of the University the
question shall be referred to the Chancellor whose decision thereon shall be
final.
Section - 60. Constitution of Committees.
All the authorities of the
University shall have power to constitute or reconstitute Committees and to
delegate to them such of their powers as they deem fit. Such Committees shall,
save as otherwise provided, consist of members of the authority concerned and
such other persons, if any, as the authority in each case may deem fit.
Section - 61. Power to obtain information.
Notwithstanding anything
contained in this Act, or in any other law for the time being in force the
Government may, by order in writing, call for any information from the
University on any matter relating to the affairs of the University and the
University shall, if such information is available with it, furnish to the
Government with such information within a reasonable period:
Provided that in the case
of information which the University considers confidential, the University may
place the same before the Chancellor for his decision.
Section - 62. Registration of graduates.
(1) On and from the date of
commencement of this Act, every person ordinarily resident within the
University area, who.
(i) has been for atleast three
years a law graduate of any University in the territory of India; or
(ii) is a registered law
graduate of any University in the territory of India shall be entitled to have
his name entered in the register of law 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 qualifications as may be prescribed by the
statutes.
(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 law graduates the name of the
applicant.
(4) Every person whose name has
been entered in the register of law 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.
Section - 63. Appointment of first Vice-Chancellor.
Notwithstanding anything
contained in sub-section (1) of Section 12, within three months from the date
of publication of this Act in the Tamil Nadu Government Gazette, the first
Vice-Chancellor shall be appointed by the Government on a salary to be fixed by
them for a period Not exceeding three years and on such other conditions as
they may deem fit:
Provided that a person
appointed as first Vice-Chancellor shall retire from office, if during the term
of his office, he completes the age of sixty-five years.
Section - 64. Appointment of first Registrar.
Notwithstanding anything
contained in sub-section (1) of Section 15 within three months from the date of
publication of this Act in the Tamil Nadu Government Gazette, the first
Registrar shall be appointed by the Government on a salary to be fixed by them
for a period not exceeding three years and on such other conditions as they may
deem fit:
Provided that the person
appointed as first Registrar shall retire from office, if, during the term of
his office, he completes the age of fifty eight years.
Section - 65. Transitory power of first Vice-Chancellor.
(1) It shall be the duty of the
first Vice-Chancellor to make arrangements for constituting the Syndicate, the
Academic Senate and such other authorities of the University within six months
from the date of his appointment or such longer period not exceeding One year
as the Government may, by notification, direct.
(2) The first Vice-Chancellor
shall, in consultation with the Government, make such rules as may be necessary
for the functioning of the University.
(3) The authorities constituted
under sub-section (1) shall commence to exercise their functions on such date
as the Government may, by notification, specify in this behalf.
(4) It shall be the duty of the
first Vice-Chancellor to craft such statutes, ordinances and regulations as may
be necessary and submit them to the respective authorities competant to deal
with them for their disposal. Such statutes, ordinances and regulations when
framed shall be published in the Tamil Nadu Government Gazette.
(5) Notwithstanding anything
contained in this Act and the statutes and until such time an authority is duly
constituted the first Vice-Chancellor may appoint any officer or constitute any
committee temporarily to exercise and perform any of the powers and duties of
such authority under this Act and the statutes.
Section - 66. Librarian.
(1) The Librarian shall be a whole-time
officer of the University appointed by the Syndicate on the recommendation of
the selection committee constituted for the purpose for such period and on such
terms and conditions as may be prescribed by the statutes.
(2) The Librarian shall exercise
such powers and perform such duties as may be assigned to him by the Syndicate.
Section - 67. Special mode it appointment.
(1) The Syndicate may invite a
person of high academic distinction and professional attainments it accept a
post of Professor in the University on such terms and conditions as it deems
fit, and on his acceptance, appoint him to the post.
(2) The Syndicate may appoint a
teacher or any other member of the academic staff working in any other
University or organisation for undertaking a joint project in accordance with
the manner prescribed in the ordinances.
Section - 68. Certain Acts not to apply in certain respects.
(1) Subject to the provisions
of sub-sections (2) to (7), the [9][Chennai
University Act], 1923 (Tamil Nadu Act 7 of 1923), the Madurai-Kamaraj
University Act, 1965 (Tamil Nadu Act 33 of 1965), the Bharathiar University
Act, 1981 (Tamil Nadu Act 1 of 1982) [10][the
Bharathidasan University Act, 1981 and the Manonmaniam Sundaranar University
Act, 1990 (Tamil Nadu Act 31 of 1990)] (hereinafter in this section referred to
as the “said University Acts”) shall with effect on and from the date of
commencement of this Act, cease to apply in respect of colleges and
institutions to which this Act applies.
(2) Such cessor shall not
affect,
(a) the previous operation of
the said University Acts in respect of the colleges and institutions referred
to in sub-section (1); or
(b) any penalty, forfeiture or
punishment incurred in respect of any offence committed against the said
University Acts; or
(c) any investigation, legal
proceedings or remedy in respect of such penalty, forfeiture or punishment aid
any such investigation, legal proceedings or remedy may be instituted,
continued, or enforced and any such penalty, forfeiture or punishment may be
imposed as if this Act had not been passed.
(3) Notwithstanding anything
contained in sub-section (1), all statutes, ordinances and regulations made
under the said University Acts and in force on the date of commencement of this
Act, shall, in so far as they are not inconsistent with the provisions of this
Act, continue to be in force in the University area until they are replaced by
the statutes, ordinances and regulations to be made under this Act.
(4) Notwithstanding anything
contained in this Act, the statutes, ordinances and regulations continued in
force under sub-section (3) or made under this Act, every person who
immediately before the date of commencement of this Act was a student of a
college or institution within the University area affiliated to or approved by
or maintained by the [11][University
of Chennai], Madurai-Kamaraj University, Bharathi University [12][Bharathidasan
University and Monomania Sundaram University] and of the Departments of the
said Universities or was eligible to appear for any of the examination in law
of the said Universities, shall be permitted to complete his course of study in
the respective Universities and the Tamil Nadu Dr. Ambedkar Law University
shall make arrangements for the instruction, teaching a id trailing for such
students, for such period and in such manner as may be determined by the Tamil
Nadu Dr. Ambedkar Law University in accordance with the course of study it the
respective Universities and such students shall, during such period, be
admitted to the examinations held or conducted by the respective Universities
and the corresponding degree, diploma or other academic distinctions of the
said Universities shall be conferred upon the qualified students on the result
of such examinations by the said Universities.
(5) All colleges specified in
the Schedule within the University area and which are affiliated to or this Act
and the provisions of the Act shall, as far as may be apply accordingly.
(6) (a) On and from the date of
the commencement of this Act, no University other than the Tamil Nadu Dr.
Ambedkar Law University shall open and affiliate any collage providing courses
of study in law either at the Under-Graduate level or post-Graduates level or
for issuing any other diploma or certificate in law.
(b) The Government may on
and from the date to be notified in this behalf and in consulting with the
Vice-Chancellor of the University of Madras, the Madurai-Kamaraj University, the
Bharathiar University or the Bharathidasan University, as the case may be, by
order, transfer any department functioning in any such University offering
courses of study in law at Post Graduate level to the Tamil Nadu Dr. Ambedkar
Law University.
(7) All law college hostels
within the University area which continue to be recognized by the said
Universities immediately before the date of commencement of this Act shall be
deemed to be hostels recognized by the Tamil Nadu Dr. Ambedkar Law University
under this Act and the provisions of this Act shall, as far as may be, apply
accordingly.
(8) Subject to the provisions
of sub-section (2), but without prejudice to the provisions of sub-sections (3)
to (7), anything done or any action taken before the date of commencement of
this Act under any provisions of the said University Acts in respect of any
area to which the provisions of this Act expend shall be deemed to have been
done or taken under corresponding provision of this Act and shall continue to
have effect accordingly unless and until superseded by anything done or any
action taken under the corresponding provision of this Act.
Section - 69. Deemed Affiliation of existing Law colleges and transfer of properties and employees.
(1) Notwithstanding anything
contained in the [13][Chennai
University Act] 1923, Madurai-Kamaraj University Act, 1965, the Bharathiar
University Act, 1981 [14][the
Manonmaniam Sundaranar University Act, 1990 (Tamil Nadu Act 31 of 1990)], the
Bharathidasan University Act, 1981 [the Manonmaniam Sundaranar University Act,
1990] or the statutes, ordinances, regulations and order made thereunder on
thefrom the date of commencement of this Act, the law colleges specified in the
Schedule shall be disaffiliated from the University , to which they were
affiliated on the date immediately proceeding the date of commencement of this
Act and shall be deemed to be affiliated to the Tamil Nadu Dr. Ambedkar Law
University on the date of commencement of this Act and the provisions of this
Act shall apply accordingly:
Provided that the deemed
affiliated status of the Central Law College, Salem, shall be subject to the
same terms and conditions under which it was affiliated to the [15][University
of Chennai].
(2) On and from the date to be
notified by the Government under clause (b) of sub-section (6) of Section 68,
all properties, whether movable or immovable, including lands, buildings,
equipments, books and library and all rights of whatsoever kind owned by or
vested in, or held in trust by the said Universities in relation to the said
department of the said Universities as well as liabilities, legally subsisting
against that University in relation to the said department immediately before
the said notified date, shall stand transferred to and vest in the Tamil Nadu
Dr. Ambedkar Law University.
(3) The Government may, at any
time after the date of commencement of this Act, transfer to the Tamil Nadu Dr.
Ambedkar Law University any of their lands for its use on such terms and
conditions as they deem proper.
(4) On and from the date; to be
notified by the Government under clause (b) of sub-section (6) of Section 63,
the Government may, after consulting the Vice-Chancellors of the [16][University
of Chennai], Madurai-Kamaraj University, Bharathiar University [17][Bharathidasan
University] and the Tamil Nadu Dr. Ambedkar Law University direct by general or
special order that such of the employees of the Department of the [18][University
of Chennai], Madurai-Kamaraj University, Bharathiar University [19][Bharathidasan
University] referred to in clause (b) of sub-section (6) of Section 68 as are
specified in such order, shall stand allotted to, serve in connection with the
affairs of the Tamil Nadu Dr. Ambedkar Law University with effect on and from
such date as may be specified in such order:
Provided that no such order
shall be issued in respect of any such employee with his consent for much
allotment.
(5) With effect on and from the
date specified in the order under sub-section (4), the persons specifies in
such order shall become employees of the Tamil Nadu Dr. Ambedkar Law University
and shall cease to be employees of the [20][Unversity
of Chennai], Madurai-Kamaraj University, [21][Bharathidasan
University and Manonmaniam Sundaranar University] ([22][Bharathidasan
University and Manonmaniam Sundaranar University]), as the case may be.
(6) Every person referred to in
sub-section (4) shall hold office in the Tamil Nadu Dr. Ambedkar Law University
by the same tenure, at the same remuneration and upon the same terms and
conditions and with the same rights and privileges as to pension or gratuity,
if any, and other matters as he would have held the same on the date notified
by the Government under clause (b) of sub-section (6) or Section 68 or the date
specified in the order under sub-section (4), as the case may be, as if this
Act had not been passed.
(7) The liability to pay
pension and gratuity to the persons referred to in sub-section 4 shall be the
liability of the Tamil Nadu Dr. Ambedkar Law University.
Section - 70. Transfer of accumulations in Provident Fund and other like funds.
(1) The sums of the Provider
Fund accounts of the persons referred to in sub-section (4) of Section 69 as on
date specified in the order under the said sub-section (4) shall be transferred
to the University and the liability in respect of said Provident Fund account
shall be the liability of the University.
(2) there shall be paid to the
Tamil Nadu Dr. Ambedkar Law University out of the accumulation fund and other
like funds, if any, of the ([23][University
of Chennai]) such amount as have been credited, to the superannuation fund or
other like funds, if any, on behalf of the persons referred to in sub-section 4
of section the amount so paid Section 69 the amount so paid shall form part of
the supperannuation fund or other like funds, if any, that may be established
by the Tamil Nadu Dr. Ambedkar Law University for the benefit of its employees.
Section - 71. Power to remove difficulties.
(1) If any difficulty arises as
to the first constitution or re-constitution of any authority of the University
after the date of commencement of this Act or otherwise in Living effect to the
provisions of this Act, the Government may, by notification, make such
provisions not inconsistent with the provisions of this Act as may appear to
them to be necessary or expedient for removing the difficulty:
Provided that no such
notification shall be issued after the expiry of five years from the date of
establishment of the University under Section 3.
(2) Every notification issued
under sub-section (1) or under any other provisions of this Act shall, as soon
as possible, after it is issued, be placed on the table of the Legislative
Assembly and if, before the expiry of the session in which it is so placed or
the next session, the Assembly makes any modification in any such notification
or the Assembly decides that the notification 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 any thing previously done under that notification.
THE
SCHEDULE
[See Sections
1(3), 68(5) and 69(1)]
Law colleges which are
deemed to be colleges Affiliated to the Tamil Nadu Dr. the Ambedkar Law
University.
Government Law Colleges
1.
Dr.
Ambedkar Government Law college, [24][Chennai].
2.
Madurai
Law College, Madurai
3.
Government
Law college, Tiruchirappalli.
4.
Government
Law college, Coimbatore.
5.
[25][5. Government Law College,
Tirumelveli.]
Private Law college,
Central Law college, Salem.
[1] Received the assent
of the Governor on the 6th August, 1997 and published in the Tamil Nadu
Government Gazette, Extraordinary.
[2] With effect from
17-3-1998 vide Noti. No. G.O.Ms. No. 15 Law Department, dated 17-3-1998.
[3] Subs. by Tamil Nadu
Act 35 of 2017, S. 2 (w.e.f. 26-7-2017). Prior to substitution it read as:
“(2)
For the purpose of sub-section (1), the Committee shall consist of three
persons of whom one shall be nominated by the Government, one shall be
nominated by the Academic Senate and one shall be nominated by the Syndicate:
Provided
that the person so nominated shall not be a member of any of the authorities of
the University.”
[4] Subs. for “sixty-five
years” by Tamil Nadu Act 49 of 2012, S. 2 (w.r.e.f. 31-7-2012).
[5] The words “for
information” omitted by Tamil Nadu Act 8 of 2001, S. 2(1) (w.e.f. the date to
be notified).
[6] Ins. by Tamil Nadu
Act 8 of 2001, S. 2(2) (w.e.f. the date to be notified).
[7] Ins. by Tamil Nadu Act
8 of 2001, S. 3 (w.e.f. the date to be notified).
[8] Ins. by Tamil Nadu
Act 17 of 1998, S. 2 (w.e.f. 16-6-1998).
[9] Subs. for “Madras
University Act” by Tamil Nadu Act 17 of 1998, S. 3(1)(a) (w.r.e.f. 8-8-1997).
[10] Subs. for “and the
Bharathidasan University Act, 1981” by Tamil Nadu Act 17 of 1998, S. 3(1)(b)
(w.r.e.f. 8-8-1997).
[11] Subs. for “University
of Madras” by Tamil Nadu Act 17 of 1998, S. 3(2)(a) (w.r.e.f. 8-8-1997).
[12] Subs. for “and
Bharathidasan University” by Tamil Nadu Act 17 of 1998, S. 3(2)(b) (w.r.e.f.
8-8-1997).
[13] Subs. for “Madras
University Act” by Tamil Nadu Act 17 of 1998, S. 4(1)(a) (w.r.e.f. 8-8-1997).
[14] Ins. by Tamil Nadu
Act 17 of 1998, S. 4(1)(b) (w.r.e.f. 8-8-1997).
[15] Subs. for “University
of Madras” by Tamil Nadu Act 17 of 1998, S. 4(1)(c) (w.r.e.f. 8-8-1997).
[16] Subs. for “University
of Madras” by Tamil Nadu Act 17 of 1998, S. 4(2)(a) (w.r.e.f. 8-8-1997).
[17] Subs. for “and
Bharathidasan University” by Tamil Nadu Act 17 of 1998, S. 4(2)(b) (w.r.e.f.
8-8-1997).
[18] Subs. for “University
of Madras” by Tamil Nadu Act 17 of 1998, S. 4(2)(a) (w.r.e.f. 8-8-1997).
[19] Subs. for “and
Bharathidasan University” by Tamil Nadu Act 17 of 1998, S. 4(2)(b) (w.r.e.f.
8-8-1997).
[20] Subs. for “University
of Madras” by Tamil Nadu Act 17 of 1998, S. 4(3)(a) (w.r.e.f. 8-8-1997).
[21] Subs. for
“Bharathidasan University” by Tamil Nadu Act 17 of 1998, S. 4(3)(b) (w.r.e.f.
8-8-1997).
[22] Subs. for
“Bharathidasan University” by Tamil Nadu Act 17 of 1998, S. 4(3)(b) (w.r.e.f.
8-8-1997).
[23] Subs. for “University
of Madras” by Tamil Nadu Act 17 of 1998, S. 5(a) (w.r.e.f. 8-8-1997).
[24] Subs. for “Madras” by
Tamil Nadu Act 17 of 1998, S. 6(a) (w.r.e.f. 8-8-1997).
[25] Ins. by Tamil Nadu
Act 17 of 1998, S. 6(b) (w.r.e.f. 8-8-1997).