TAMIL NADU DR. M.G.R. MEDICAL UNIVERSITY (CHENNAI) ACT, 1987

Preamble - TAMIL NADU DR. M.G.R. MEDICAL UNIVERSITY (CHENNAI) ACT, 1987

THE TAMIL NADU DR. M.G.R. MEDICAL UNIVERSITY (CHENNAI) ACT, 1987

[Act No. 37 of 1987]

PREAMBLE

An Act to provide for establishment and incorporation of a Medical University in the State of Tamil Nadu.

BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Thirty-eight Year of the Republic of India as follows:--

 

Section 1 - Short title, extent, application and commencement

[1] (1) This Act may be called the Tamil Nadu Dr. M.G.R. Medical University [2][Chennai] Act, 1987.

(2) ???It extends to the whole of the State of Tamil Nadu.

(3) ???It applies to--

(a)      every college and institution specified in the Schedule;

 

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

 

(c)      every other college or institution situated within the University area and which may be affiliated to, or approved by, the University in accordance with the provisions of this Act, statutes and ordinances and regulations made there under; and

 

(d)      every college and institution situate within the University area, which conducts any course of study or imparts any course of training which may qualify for the award of any degree, diploma or other academic distinctions by the University in any system of medicine.

(4) ??This section and sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 31, 34, 46, 47, 48, 49, 57, 60, 61, 65, 66, 67 and 68 shall come into force at once and the rest of this Act shall come into force on such date as the Government may, by notification, appoint.

 

Section 2 - Definitions

In this Act, unless the context otherwise requires,--

(a)      "affiliated college" means any college or institution, situate within the University area and affiliated to the University and providing courses of study in medical science for admission to the examinations for degree, diplomas and other academic distinctions of the University and includes a college deemed to be affiliated to the University under this Act and includes an autonomous college;

 

(b)      "approved institution" means any hospital, centre or other institution situated in the University area which?

 

(i)       is approved by the University; and

 

(ii)      provides training for admission to the examinations for degrees, diplomas and other academic distinctions of the University;

 

(c)      "autonomous college" means any college designated as an autonomous college by or under the statutes;

 

(d)      "college" means any college or any institution maintained by, or affiliated to the University and providing courses of study or training in medical science for admission to the examinations for degrees, diplomas and other academic distinctions of the University;

(e)      "Dental Council of India" means, the Dental Council of India constituted under section 3 of the Dentists Act, 1948 (Central Act 16 of 1948);

 

(f)       "Government" means the State Government;

 

(g)      "hostel" means a unit of residence for the students maintained or recognised by the University in accordance with the provisions of this Act;

 

(h)     "institution" means any hospital, centre or other institution providing training for admission to the examinations for degree, diplomas and other academic distinctions of the University;

 

(i)       "Medical Council of India" means the Medical Council of India constituted under section 3 of the Indian Medical Council Act, 1956 (Central Act 102 of 1956);

 

(j)       "notified date" means the date specified in the notification issued under sub-section (4) of section 1;

 

(k)      "Nursing Council of India" means the Nursing Council of India constituted under section 3 of the Indian Nursing Council Act, 1947 (Central Act 48 of 1947);

 

(l)       "Pharmacy Council of India" means the Pharmacy Council of India constituted under section 3 of the Pharmacy Act, 1948 (Central Act 8 of 1948);

 

(m)    "prescribed" means prescribed by this Act or the statutes, ordinances or regulations;

 

(n)     "Principal" or "Dean" means the head of a college, or college and hospital;

 

(o)      "statutes", "ordinances" and "regulations" mean, respectively, the statutes, ordinances and regulations of the University made or continued in force under this Act;

(p)      "teachers" mean such Lecturers, Readers, Assistant Professors, Associate Professors, Professors and other persons giving instruction in the University including the University Laboratories, in affiliated colleges or approved institutions and Librarian as may be declared by the statutes to be teachers;

[3] (q) "University" means the Tamil Nadu Dr. M.G.R. Medical University, [4] [Chennai];

(r) ??"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 I of 1929);

(s) ???"University college" means a college maintained by the University, whether instituted by it or not, and which provides courses of study or training, leading to a degree, diploma or other academic distinctions of the University;

(t) ???"University Grants Commission" means the Commission established under section 4 of the University Grants Commission Act, 1956 (Central Act 3 of 1956);

(u) ??"University Laboratory" means a laboratory maintained by the University, whether instituted by it or not, which is intended to carry on research work;

(v) ??"University Lecturer", "University Reader" "University Professor" or "University Teacher" means Lecturer, Reader, Professor or Teacher, respectively, appointed by the University;

(w)? "University Library" means a library maintained by the University, whether instituted by it or not.

Section 3 - The University

(1)     There shall be a University [5][by the name the Tamil Nadu Dr. M.G.R. Medical University, [6](Chennai)].

 

(2)     The University shall be a body corporate, shall have perpetual succession and a common seal and shall sue and be sued by the said name.

 

(3)     The headquarters of the University shall be located within the limits of the [7] [Chennai] 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 1972).

 

Section 4 - Objects of the University

The University shall have the following objects, namely:--

(1)     to provide for instruction and training in such branches of learning as it may determine in the field of medical science;

 

(2)     to provide for research and for the advancement and dissemination of knowledge in the field of medical science;

 

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

 

(4)     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;

 

(5)     to institute and award fellowships, scholarships, studentships, bursaries, exhibitions, medals and prizes in accordance with the statutes;

 

(6)     to institute research posts and to appoint persons to such posts;

 

(7)     to organise advanced studies and research programmes from time to time;

 

(8)     to organise continuing medical education programmes;

 

(9)     to develop research faculties; and

 

(10)   to encourage co-operation among the colleges, University laboratories, hospitals and institutions in the University area and to co-ordinate with other Universities and other authorities in such manner and for such purposes as the University may determine.

 

Section 5 - Powers of University

The University shall have the following powers, namely:--

(1)     to hold examinations and to confer degrees, diplomas and other academic distinctions on any person who?

 

(a)      shall have pursued an approved course of study or training in a college or University laboratory or 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;

 

(2)     to confer degrees, diplomas and other academic distinctions on persons who shall have pursued an approved course of study, training or research in an autonomous college;

(3)     to confer honorary degrees or other honorary academic distinctions under conditions prescribed;

 

(4)     to establish, maintain and manage institutes of research, University colleges, departments, laboratories, hospitals, libraries, museums and other institutions necessary to carry out the objects of the University;

 

(5)     to affiliate colleges to the University as affiliated colleges, within the University area under conditions prescribed and to withdraw such affiliation:

[8] [Provided that no college shall be affiliated to the University unless the permission of the Government to establish such college has been obtained and the terms and conditions, if any, of such permission have been complied with;]

(6)     to take over any Government college or institution with the approval of the Government;

 

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

[9] [Provided that no institution shall be approved by the University unless the permission of the Government to establish such institution has been obtained and the terms and conditions, if any, of such permission have been complied with;]

(8)     to designate any college as an autonomous college, with the prior concurrence of the Government under conditions prescribed and to cancel such designation;

 

(9)     to establish, maintain and manage hostels, to recognise hostels not maintained by the University under conditions prescribed and to withdraw such recognition thereof;

 

(10)   to exercise such control over the students of the University through the colleges and institutions, as well secure their health and well-being and discipline;

 

(11)   to hold and manage endowments and other properties and funds of the University;

 

(12)   to borrow for the purposes of the University money with the approval of the Government on the security of the property of the University;

 

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

 

(14)   to make grants from the funds of the University for the maintenance of National Cadet Corps, National Service Scheme or other similar organisations; and

 

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

Section 6 - Colleges situate within the University area not to be affiliated to any other University and recognition of institutions by University

(1)     No college or institution within the University area shall be affiliated to any other University other than the Tamil Nadu Dr. M.G.R. Medical University, [10][Chennai].

 

(2)     No institution 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 recognized by the University for any purpose except with the prior approval of the Government and the University concerned.

 

Section 7 - Officers of University

The University shall consist of the following officers, namely:--

(1)     The Chancellor;

 

(2)     The Pro-Chancellor;

 

(3)     The Vice-Chancellor;

 

(4)     The Registrar;

 

(5)     The Finance Officer;

 

(6)     The Controller of Examinations; and

 

(7)     Such other persons as may be declared by the statutes to be officers of the University.

 

Section 8 - The Chancellor

[11] (1) The Governor of Tamil Nadu shall be the Chancellor of the University. He shall, by virtue of his office, be the head of the University and shall, when present, preside at any convocation of the University and confer degrees, 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 of the University, the Chancellor shall nominate persons to the extent necessary to represent interest not otherwise adequately represented.

(3) ??The Chancellor may, on his own motion or on application, call for and examine the record of any officer or authority of the University in respect of any proceedings to satisfy himself as to the regularity of such proceedings or the correctness, legality or propriety of any decision taken or order passed therein; and if, in any case, it appears to the Chancellor that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, he may pass orders accordingly:

Provided that every application to the Chancellor for the exercise of the powers under this sub-section shall be preferred within three months from the date on which the proceedings, decision, or order to which the application relates, was communicated to the applicant:

Provided further that no order prejudicial to any person shall be passed unless such person has been given a reasonable opportunity of making his representation.

(4) ??The Chancellor shall exercise such other powers and perform such other functions as may be conferred on him by or under this Act.

Section 9 - The Pro-Chancellor

(1)     The Minister in-charge of the portfolio of Health 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 10 - The Vice-Chancellor

(1)     Every appointment of the Vice-Chancellor shall be made by the Chancellor from out of a panel of three names recommended by the Committee referred to in sub-section (2). Such panel shall not contain the name of any member of the said committee:

[12][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 the Vice- Chancellor.]

[13] [(2) For the purpose of sub-section (1), the Committee shall consist of--

(i)       a nominee of the Government, who shall be a retired or serving officer of the State Government not below the rank of Principal Secretary to Government or an eminent educationist;

 

(ii)      a nominee of the Senate who shall be an eminent educationist; and

 

(iii)     a nominee of the Governing Council who shall be an eminent educationist.

Explanation For the purpose of this sub-section, "eminent educationist" means a person in the field of medical science,--

(i)       who is or has been a Vice-Chancellor of any Medical University established by the State Government or Central Government; or

 

(ii)      who is a distinguished academician, with a minimum of ten years of experience as Professor or Dean in any Medical College or in any Medical University established by any State Government or Central Government or in both taken together; or

 

(iii)     who is or has been a Director or Head of any Medical Institution of National importance:

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 Senate and the Governing Council shall begin six months before the probable date of 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 begin at least four months before the probable date of occurrence of the 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 yeas:

Provided that no person shall hold the office of Vice-Chancellor for more than six years in the aggregate or after attaining the age of [14][seventy years].

(4) ??Notwithstanding anything contained in sub-section (3), where the Chancellor is of the opinion, that a Vice-Chancellor could not be appointed immediately after the expiry of the term of office of the outgoing Vice-Chancellor, he may direct the outgoing Vice-Chancellor to continue in office for such period, not exceeding a total period of one year, as may be specified in the direction.

(5) ??The Vice-Chancellor may, by writing under his hand addressed to the Chancellor and after giving two months notice, resign his office.

(6) ??When any temporary vacancy occurs in the office of the Vice-Chancellor or if the Vice-Chancellor is, by reason of absence or for any other reason, unable to exercise the powers and perform the functions of his office, the senior most Professor of the University shall exercise the powers and perform the functions of the Vice-Chancellor till the Governing Council makes the requisite arrangements for exercising the powers and performing the functions of the Vice-Chancellor.

 

Section 11 - Terms and conditions of service of Vice-Chancellor

(1)     The Vice-Chancellor shall be a whole time officer of the University and his terms and conditions of service shall be as specified in the following sub-sections.

 

(2)     The Vice-Chancellor shall be paid?

 

(i)       a salary of Rs. 5,000 (Rupee five thousand only) per mensem or such higher salary as may be fixed by the Government, from time to time; and

 

(ii)      such other perquisites as may be fixed by the statutes.

 

(3)     The Vice-Chancellor shall be entitled to such terminal benefit and allowances as may be fixed by the Governing Council with the approval of the Chancellor, from time to time:

Provided that, where an employee of,--

(a)      the University; or

 

(b)      any other University or college or institution maintained by, or affiliated to, that University, is appointed as Vice-Chancellor, he shall be allowed to continue to contribute to the Provident Fund to which he is a subscriber, and the contribution of the University shall be limited to what he had been contributing immediately before his appointment as Vice-Chancellor.

 

(4)     The Vice-Chancellor shall be entitled to travelling allowances at such rates as may be fixed by the Governing Council.

 

(5)     The Vice-Chancellor shall be entitled to earned leave on full pay at one-eleventh of the period spent by him on duty.

 

(6)     The Vice-Chancellor shall, on the expiry of the term of his office, or upon relinquishment of his office, be entitled to draw cash equivalent of leave salary in respect of the earned leave at his credit subject to a maximum of one hundred and eighty days.

 

(7)     The Vice-Chancellor shall be entitled, on medical grounds, to leave with pay for a period not exceeding three months during his term of office.

 

Section 12 - Powers and functions of Vice-Chancellor

(1)     The Vice-Chancellor shall be the academic head and the principal executive officer of the University and shall, in the absence of the Chancellor and Pro-Chancellor, preside at any convocation of the University and confer degrees, diplomas or other academic distinctions upon persons entitled to receive them. He shall be a member ex-officio and Chairman of the Senate, the Governing Council, the Standing Academic Board, the Finance Committee and the Planning Board and shall be entitled to be present at, and to address, any meeting of any authority of the University, but shall not be entitled to vote thereat, unless he is a member of the authority concerned.

 

(2)     It shall be the duty of the Vice-Chancellor to ensure that the provisions of this Act, the statutes, ordinances and regulations [15][except section 35-A] are observed and carried out and he may exercise all powers necessary for this purpose.

 

(3)     The Vice-Chancellor shall have power to convene meetings of the Senate, the Governing Council, the Standing Academic Board and the Finance Committee.

 

(4)     The Vice-Chancellor shall have power to take action on any matter concerning the affairs of the University and may take such action as he may deem necessary, but shall, as soon as may be, thereafter report the action taken to the officer or authority or body who or which would have ordinary 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.

(5)     When action taken by the Vice-Chancellor under sub-section (4) affects any person in the service of the University, such person shall be entitled to prefer an appeal to the Governing Council within thirty days from the date on which he has notice of such action. The Vice-Chancellor shall give effect to the order passed by the Governing Council on such appeal.

 

(6)     The Vice-Chancellor shall have power to give effect to the decisions of the Governing Council.

 

(7)     The Vice-Chancellor shall have power to exercise control over the affairs of the University and shall be responsible for the due maintenance of discipline in the University.

 

(8)     The Vice-Chancellor shall be responsible for the co-ordination and integration of teaching and research, extension, education and curriculum development.

 

(9)     The Vice-Chancellor shall exercise such other powers and perform such other functions as may be prescribed by the statutes.

 

Section 13 - The Registrar

[16] (1) The Registrar shall be a whole time salaried officer of the University, appointed by the Governing Council on such terms and conditions as may be fixed by the Governing Council.

(2)? ?The Registrar shall be--

(a)      an academician in the field of medical science not lower in rank than that of a Professor of five years standing; or

 

(b)      an officer of the Government not lower in rank than that of Deputy Secretary to Government.

(3) ??The Registrar 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 appointed as Registrar shall hold office on attaining the age of fifty-eight years.

(4) ??The Registrar shall be the ex-officio secretary of the Senate, the Governing Council, the Standing Academic Board and the Faculties, but shall not be deemed to be a member of any of these authorities.

(5) ??When the office of the Registrar is vacant, or when the Registrar, by reason of illness, absence, or any other reason is, unable to perform the functions and discharge the duties of his office, the functions and the duties of the office of the Registrar shall be performed and discharged by such persons as the Vice-Chancellor may appoint for the purpose.

(6) ??It shall be the duty of the Registrar,--

(a)      to manage the property and investments of the University including trust and endowed property in accordance with the decision of the Finance Committee and the Governing Council;

 

(b)      to be the custodian of the records, the common seal and such other properties of the University as the Governing Council shall commit to his charge; and

 

(c)      to issue all notices convening meetings of the Senate, the Governing Council, the Standing Academic Board, the Faculties, the Board of Studies, the Boards of Examiners and of any Committee appointed by the authorities of the University.

(7) ??The Registrar shall exercise such other powers and perform such other functions and discharge such other duties as may be prescribed by the Governing Council.

(8) ??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 14 - The Finance Officer

(1)     The Finance Officer shall be a whole time salaried officer of the University, appointed by the Governing Council from out of a panel of three names recommended by the Government. He shall hold office for a period of three years subject to such terms and conditions as may be specified by the Governing Council.

 

(2)     The emoluments and other terms and conditions of service of the Finance Officer shall be such as may be prescribed by the Governing Council.

 

(3)     The Finance Officer shall retire on attaining the age of fifty-eight years.

 

(4)     When the office of the Finance Officer is vacant or when the Finance Officer is by reason of illness or absence or any other cause, unable to perform the functions and discharge the duties of his office, the functions and duties of the office of the Finance Officer shall be discharged by such person as the Vice-Chancellor may appoint for the purpose.

 

(5)     The Finance Officer shall be the ex-officio Secretary of the Finance Committee, but shall not be deemed to be a member of such Committee.

 

Section 15 - Powers, functions and duties of Finance Officer

(1)     The Finance Officer shall,--

 

(a)      exercise general supervision over the funds of the University and shall advice the University as regards its financial policy; and

 

(b)      exercise such other powers and perform such other financial functions, as may be assigned to him by the Governing Council, or as may be prescribed by the statutes or ordinances:

Provided that the Finance Officer shall not incur any expenditure or make any investment exceeding such amount as may be prescribed by the statutes or ordinances except with the previous approval of the Governing Council.

(2)     Subject to the control of the Governing Council, the Finance Officer shall,--

 

(a)      ensure that the limits fixed by the Governing Council for recurring and non-recurring expenditure for a year are not exceeded and that all moneys expended for the purposes for which they are granted or allotted;

 

(b)      be responsible for the preparation of annual accounts, financial estimates and the budget of the University and for their presentation to the Finance Committee and the Governing Council;

 

(c)      keep a constant watch on the cash and bank balances and of investments;

 

(d)      watch the progress of the collection of revenue and advice on the methods of collection employed;

 

(e)      ensure that the registers of buildings, land, furniture and equipment are maintained up-to-date, and that stock checking is conducted in respect of equipment and other consumable materials in all offices, centres, laboratories and colleges maintained by the University;

 

(f)       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

 

(g)      call from any office, centre, laboratory and college maintained by the University, any information or returns as he may consider necessary for the performances of his functions and discharge of his duties.

 

Section 16 - The Controller of Examinations

(1)     The Controller of Examinations shall be an academician in the field of medical science and a whole time officer of the University appointed by the Governing Council on such terms and conditions as may be fixed by the Governing Council.

 

(2)     The Controller of Examinations shall hold office for a period of three years and shall be eligible for reappointment for a further period of three years:

Provided that no person appointed as Controller of Examinations shall hold office on attaining the age of fifty-eight years.

(3)     The Controller of Examinations shall exercise such powers and perform such functions and discharge such duties as may be prescribed in the statutes.

 

Section 17 - Authorities of University

The authorities of the University shall be,--

(1)     The Senate;

 

(2)     The Governing Council;

 

(3)     The Finance Committee;

 

(4)     The Standing Academic Board;

 

(6)     The Faculties;

 

(7)     The Board of Studies;

 

(8)     The Planning Board; and

 

(9)     Such other authorities as may be declared by the statutes to be authorities of the University.

Section 18 - The Senate

(1)     The Senate shall consist of ex-officio and other members.

 

(2)     The ex-officio members of the Senate shall be,--

 

(a)      the Chancellor;

 

(b)      the Pro-Chancellor;

 

(c)      the Vice-Chancellor;

 

(d)      the Director of Medical Education;

 

(e)      the Director of Medical Services and Family Welfare;

 

(f)       the Director of Public Health and Preventive Medicine;

 

(g)      the Director of Indian Medicine and Homeopathy;

 

(h)     Heads of University Departments of Study and Research;

 

(i)       Heads of Principals of all Medical Colleges;

 

(j)       Deans or Principals of Colleges of Indian System of Medicine and Homeopathy;

 

(k)      Principals of Post-Graduate Dental Colleges;

 

(l)       Principals of Post-Graduate Colleges of Nursing;

 

(m)    Deans or Principals of Post-Graduate Colleges of Pharmacy;

 

(n)     the President of the Tamil Nadu State Medical Council;

 

(o)      the President of the Tamil Nadu Homeopathy Council;

 

(p)      the President of the Tamil Nadu Board of Indian Medicine;

 

(q)      members of the Governing Council who are not otherwise members of the Senate; and

 

(r)      the Librarian of the University Library.

Explanation:- In case the Secretary to Government, in-charge of Health and Family Welfare, or the Secretary to Government, in-charge of Finance, or the Secretary to Government, in-charge of Education, or the Secretary to Government, in-charge of Law, who is a member of the Senate by virtue of clause (q), is unable to attend any meeting of the Senate for any reason, he may depute any officer of his department, not lower in rank than that of Deputy Secretary to Government, to attend such meeting. The officer so deputed shall have the right to take part in the discussions of the meeting and shall have the right to vote.

(3)     The other members of the Senate shall be,--

 

(a)      one Professor elected by the teachers of each affiliated medical college from among themselves;

 

(b)      one Professor elected by teachers of all affiliated Dental Colleges from among themselves;

 

(c)      one Professor elected by teachers of all affiliated colleges of Nursing from among themselves;

 

(d)      one Professor elected by teachers of all affiliated colleges of Pharmacy from among themselves;

 

(e)      two members elected by the members of the Tamil Nadu Legislative Assembly from among themselves;

 

(f)       one member nominated by the President of the Indian Council of Medical Research;

 

(g)      one member nominated by the Director-General of Indian Council of Medical Research;

 

(h)     one member each nominated by the Chancellor representing,--

(i) ???Chambers of Commerce;

(ii)      Industries including engineering and technology;

 

(iii)     Other Sciences; and

 

(iv)    Law; and

 

(i)       one member each to be nominated by the Pro-Chancellor to secure the representation of,--

 

(A)     the Scheduled Castes and the Scheduled Tribes; and

 

(B)     Sports.

 

Section 19 - Senate to review broad policies and programmes of the University

Subject to the other provisions of this Act, the 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 advise the Chancellor in respect of any matter which may be referred by him for advice;

 

(c)      to exercise such other powers and perform such other functions as may prescribed by the statutes.

 

Section 20 - Meetings of Senate

(1)     The Senate shall meet at least twice in every year on the dates to be fixed by the Vice-Chancellor. One of such meetings shall be called the annual meeting.

 

(2)     One-third of the total strength of the members of the Senate shall be the quorum required for a meeting of the Senate:

Provided that such quorum shall not be required at a convocation of the University.

(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 Senate, convene a special meeting of the Senate.

 

Section 21 - The Governing Council

(1)     The Chancellor shall, as soon as may be, after the first Vice-Chancellor is appointed under section 47, constitute the Governing Council.

 

(2)     The Governing Council shall, in addition to the Vice-Chancellor, consist of the ex-officio and other members.

 

(3)     The ex-officio members of the Governing Council shall be,--

 

(a)      the Secretary to Government, in-charge of Health and Family Welfare;

 

(b)      the Secretary to Government, in-charge of Finance;

 

(c)      the Secretary to Government, in-charge of Education;

 

(d)      the Secretary to Government, in-charge of Law;

 

(e)      the Director of Medical Education;

 

(f)       the Director of Medical Services and Family Welfare; and

 

(g)      the Director of Indian Medicine and Homeopathy. 

Explanation:-In case any ex-officio members of the Governing Council referred to in clause (a), (b), (c) or (d), is unable to attend any meeting of the Governing Council for any reason, he may depute any officer of his department not lower in rank than that of Deputy Secretary to Government to attend such meeting. The officer so deputed shall have the right to take part in the discussion of the committee and shall have the right to vote.

(4)     The other members of the Governing Council shall be,--

 

(a)      two members elected by the Senate from among its members;

 

(b)      two members elected by the Dean or Principals of affiliated colleges providing courses of study and training in medical science from among themselves;

 

(c)      one member elected by the University Professors from among themselves; and

 

(d)      one expert in Medical Education, nominated by the Chancellor on the recommendation of the Vice-Chancellor.

 

Section 22 - Powers of Governing Council

The Governing Council shall have the following powers, namely:--

(1)     to make statutes and amend or repeal the statutes;

 

(2)     to make ordinances and amend or repeal the same;

 

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

 

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

 

(5)     to institute departments of study in the University in such discipline of learning in medical science as it may deem fit;

 

(6)     to provide for research and advancement and dissemination of knowledge in medical science;

 

(7)     to institute lecturerships, 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 institutions by the University and to join 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 University laboratory or an approved institution unless exempted there, from 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 academic distinctions on the recommendation of not less than two-thirds of its members;

 

(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 colleges of the University 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 services and provided 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 Professors, 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 inspection of all colleges, hospitals and other institutions affiliated or to be affiliated, to the University and to take such action as may be deemed necessary;

 

(18)   to prescribe, in consultation with the Standing Academic Board, the manner in which and the conditions subject to which, a college or 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, loans from the Central or any State Government, or any corporation owned or controlled by the Central or any State Government or 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 Board of Studies and to fix their remuneration;

 

(24)   to charge and collect such fees as may be prescribed by the statutes;

 

(25)   to conduct the University examinations and approve and publish the results thereon;

 

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

 

(27)   to make ordinances, regarding the admission of students to the University, or prescribing examinations to be recognised 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 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 purposes; and

 

(36)   to accept, on behalf of the University endowments, bequests, donations, grants and transfers of any movable and immovable property of the University made to it.

 

Section 23 - Meeting of Governing Council

(1)     The Governing Council shall meet at such times and places and shall, subject to the provisions of sub-sections (2) and (3), observe such rules of procedure at its meetings including the quorum at meetings, as may be prescribed by the statutes.

 

(2)     The Vice-Chancellor or, in his absence, any member chosen by the member present, shall preside at a meeting of the Governing Council.

 

(3)     All questions at any meeting of the Governing Council 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)     (a) The Governing Council 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 Governing Council.

 

Section 24 - Members not entitled to remuneration

The members of the Governing Council shall not be entitled to receive any remuneration from the University except such travelling and daily allowances as may be prescribed by the statutes:

Provided that nothing contained in this section shall preclude any member from drawing his emoluments to which he is entitled by virtue of the office he holds.

Section 25 - Resignation of members

A member of the Governing Council, other than ex-officio members, may tender resignation of his membership at any time before the expiry of the term of his office. 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 26 - Governing Council to prepare annual report

(1)     The annual report of the University shall be prepared by the Governing Council and shall be placed before the Senate on or before such date as may be prescribed by the statutes and shall be considered by the Senate at its next annual meeting. The Senate may pass resolution thereon and communicate the same to the Governing Council.

 

(2)     The Governing Council shall inform at a subsequent meeting of the Senate the action taken by it on the resolution passed by the Senate.

 

(3)     A copy of the annual report and a copy of the resolution passed by the Senate together with information on the action taken under sub-section (2) shall be submitted to the Government by the Governing Council for information.

Section 27 - Governing Council to submit annual accounts

(1)     The annual accounts of the University shall be submitted by the Governing Council to such examination and audit as the Government may direct.

 

(2)     The Governing Council shall settle objections raised in such audit and carry out such instructions as may be issued by the Government on the audit report, as prescribed in the statues.

 

(3)     The accounts when audited shall be published by the Governing Council in such manner as may be prescribed by the ordinance and copies thereof shall be submitted to the Senate at its next meeting, and to the Government within three months of such publication.

 

Section 28 - The 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 Health and Family Welfare; and

 

(d)      three members nominated by the Governing Council from among its members.

 

(2)     If, for any reasons, the member 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 concerned not lower in rank than that of Deputy Secretary to Government to attend such meeting. The officer so deputed shall have the right to take part in the discussions 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 of the Finance Committee.

 

(4)     The members nominated by the Governing Council under clause (d) of sub-section (1), 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 the Governing Council for approval.

 

(6)     The annual financial estimates of the University prepared by the Finance Officer shall be laid before the Finance Committee for consideration and comments. The said estimates, as modified by the Finance Committee, shall, then, be laid before the Governing Council for consideration. The Governing Council may approve the financial estimates with such modification as it deems fit

 

(7)     The Finance Committee shall?

 

(a)      meet at least once in three months to examine the accounts and to scrutinize proposal for expenditure;

 

(b)      review the financial position of the University, from time to time;

 

(c)      make recommendation to the Governing Council 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 and Colleges;

 

(e)      make recommendation to the Governing Council on all matters relating to the finances of the University; and

 

(f)       perform such other functions as may be prescribed by the statutes.

 

Section 29 - The Standing Academic Board

(1)     There shall be a Standing Academic Board of the University which shall, subject to the provisions of this Act, the statutes and the ordinances, coordinate and exercise general supervision over the academic affairs of the University.

Decision of the Chancellor is criteria whether a Vice-Chancellor can be regarded as a member of any faculty enumerated in section 17. [1997 (2) LW 103 (SN) : 1997 WLR 511]

(2)     The Standing Academic Board shall consist of the following ex-officio members, namely:--

 

(a)      the Vice-Chancellor;

 

(b)      the Director of Medical Education;

 

(c)      the Director of Medical Services and Family Welfare;

 

(d)      the Director of Public Health and Preventive Medicine;

 

(e)      the Director of Indian Medicine and Homeopathy;

 

(f)       the Presidents of the Faculties of the University; and

 

(g)      the Chairman of the Boards of Studies of the University.

 

(3)     Subject to the provisions of this Act, the statutes, the ordinances, the Standing Academic Board shall have the following powers, namely:--

 

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

 

(b)      to advise the Governing Council on the promotion of research in the University; and

 

(c)      to suggest measures for revisions and innovations in academic and research programmes.

 

(4)     The Standing Academic Board shall ordinarily meet twice in a year. The Board may, however, meet on other occasions as may be decided by the Governing Council.

 

(5)     One-third of the total strength of the members of the Standing Academic Board shall be the quorum required for a meeting of the Standing Academic Board.

 

(6)     The Vice-Chancellor shall preside at all meetings of the Standing Academic Board. If the Vice-Chancellor cannot be present at a meeting of the Standing Academic Board due to any reason, the members present may elect a chairman from among themselves.

 

Section 30 - Faculties

[17](1) The University shall consist of the following Faculties, namely:--

(a)      Faculty of Basic Medical Sciences;

 

(b)      Faculty of Medicine and Medical Specialities;

 

(c)      Faculty of Surgery and Surgical Specialities;

 

(d)      Faculty of Paediatrics and Paediatric Specialities;

 

(e)      Faculty of Obstetrics and Gynaecology and related Specialities;

 

(f)       Faculty of Community Health, Social Sciences and History of Medicine;

 

(g)      Faculty of Dentistry;

 

(h)     Faculty of Pharmacy;

 

(i)       Faculty of Nursing; and

 

(j)       such other Faculty as may be prescribed by the statutes.

(2) ??The constitution and functions of the Faculties shall, in all other respects, be such as may be prescribed by the regulations.

(3) ??Notwithstanding anything contained in sub-section (2), the Standing Academic Board may, on the recommendation of the Governing Council, appoint any teacher of the University as a member of a Faculty.

 

Section 31 - The Planning Board

(1)     There shall be constituted a Planning Board which shall advise generally on the planning and development of the University and review, from time to time, the standards of education and research in the University.

 

(2)     The Planning Board shall consist of the following members, namely:--

 

(a)      The Vice-Chancellor, who shall be the Chairman of the Planning Board; and

 

(b)      Not more than eight persons of high academic standing nominated by the Governing Council.

 

(3)     The Planning Board shall, in addition to all other powers vested in it by this Act, have the right to advise the Governing Council and the Standing Academic Board 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 term of office.

 

Section 32 - The Board of Studies

(1)     There shall be Boards of Studies attached to each of department of study or research.

 

(2)     The constitution and powers of the Boards of Studies shall be such as may be prescribed by the statutes.

 

Section 33 - Constitution of other authorities

The Governing Council may constitute such other authorities of the University as may be necessary in the manner prescribed in the statutes.

Section 34 - 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 received from 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; and

 

(c)      endowments and other receipts.

 

Section 35 - Admission to University course

(1)     No person shall be admitted to a course of study or training in a college or University laboratory or an approved institute to appear for any examination held by the University for conferring any degree, diploma or other academic distinction unless he,--

 

(a)      has passed the qualifying examination prescribed therefor by the University; and

 

(b)      fulfils such other condition as may be prescribed by the regulations.

 

(2)     The Governing Council may, on the recommendation of the Standing Academic Board, exempt from the provisions of sub-section (1) any candidate who has undergone an equivalent course of study or training in any college or institution outside the University area.

 

(3)     The question whether such candidate has undergone the equivalent course of study or training shall be decided by the Standing Academic Board with reference to the syllabus, the course contents and the period of study or training.

Section 35A - Selection and admission of candidates to Government colleges or institutions

[18] [Notwithstanding anything contained in section 35 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 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 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 or 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 36 - Admitted to University examination

(1)     No candidate shall be admitted to any University examination unless,--

 

(a)      he is enrolled as a member of a University college, University laboratory, affiliated college or approved institution; and

 

(b)      he has satisfied the requirement as to the attendance prescribed by the regulations.

 

(2)     The Governing Council may, on the recommendation of the Standing Academic Board, grant exemption to any candidate from the provisions of sub-section (1) subject to such conditions, as it may deem fit.

 

Section 37 - Appointment of officers, heads of departments, etc

The University may appoint such number of officers, heads of departments, professors, readers, lecturers, teachers, librarians and such other employees as may be necessary for the purpose of carrying out the provisions of this Act in such manner as may be prescribed by statutes.

 

Section 38 - Conditions of service

Subject to the provisions of this Act, the appointment, procedure for selections, 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 statutes.

Explanation.--For the purpose of this section, the word "Officers" shall not include the Chancellor and the Pro-Chancellor.

 

Section 39 - Pension and 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 by statutes.

 

(2)     Where the University has so instituted a provident fund under sub-section (1), the Government may declare that the provisions of the Provident Funds Act, 1925 (Central 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 amount in such manner, as it may determine.

 

Section 40 - Terms and conditions of service of Heads of Department

(1)     Each department of the University shall have a Head who shall be a Professor or Director and whose functions and duties and terms and conditions of appointment shall be such as may be prescribed by statutes:

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 statutes:

Provided further that in a department where there is no Professor, an Assistant Professor or a Reader may be appointed as a Head of the department in the manner prescribed by the statutes.

(2)     It shall be open to a Professor or Assistant Professor or Reader to decline the offer of appointment as Head of the department.

 

(3)     A person appointed as Head of the department shall hold office as such for a period of three years and shall be eligible for re-appointment.

 

(4)     A Head of the department may resign his office at any time during his tenure of office.

 

(5)     A Head of the department shall perform such functions and discharge such duties as may be prescribed by statutes.

 

Section 41 - Terms and conditions of service of Co-ordinator of University departments and Dean of students

(1)     There shall be a Co-ordinator of University departments who will act as a liaison officer between the Vice-Chancellor and the Heads of departments of the University. He shall perform such functions and discharge such duties as may be prescribed by statutes.

 

(2)     There shall be a Dean of students in the University who shall be in-charge of the welfare of, and the discipline among, the students. He shall exercise such powers and perform such functions and discharge such duties as may be prescribed by statutes.

 

Section 42 - Statute

(1)     The Governing Council may, from time to time, make statutes and amend or repeal the same.

 

(2)     Subject to the provisions of this Act, the statutes may provide for,--

 

(a)      the holding of convocation to confer degrees and academic distinctions;

 

(b)      the conferment of honorary degrees and honorary academic distinctions;

 

(c)      the constitution, powers and functions of the authorities of the University;

 

(d)      the manner of filling vacancies among members of the authorities of the University;

 

(e)      the allowances to be paid to the members of the authorities of the University and committees thereof;

 

(f)       the procedure at meetings of the authorities including the quorum for the transaction of business at such meetings;

 

(g)      the authentication of the orders of decisions of the authorities of the University;

 

(h)     the formation of departments of research at the University;

 

(i)       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;

 

(j)       the qualifications of the teachers and other persons employed by the University and affiliated colleges or institutions;

 

(k)      the classification, the method of appointment and determination of the terms and conditions of service of teachers and other persons employed by the University;

 

(l)       the institution of pension, gratuity, insurance or provident fund for the benefit of the officers, teachers and other persons employed of the University;

 

(m)    the institution of Fellowships, Travelling Fellowships, scholarships, studentships, bursaries, exhibitions, medals and prizes and the conditions of award thereof;

 

(n)     the conditions of affiliation of colleges to the University;

 

(o)      the manner in which, and the conditions subject to which, a college may be designated as an autonomous college and the conditions subject to which, such designation may be cancelled and matters incidental to the administration of autonomous colleges including the constitution, or reconstitution, powers and duties of the committee on academic affairs in the college, Boards of Studies and Boards of Examiners;

 

(p)      the establishment and maintenance of halls, hostels and laboratories;

 

(q)      the conditions for recognition of hostels other than those maintained by the University;

 

(r)      the conditions for residence of students of the University in the halls and hostels and the levy of fees and other charges for such residence;

 

(s)      the delegation of powers vested in the authorities or officers of the University; and

 

(t)       any other matter which is required to be or may be prescribed by the statutes.

 

(3)     A statute passed by the Governing Council shall be submitted to the Chancellor who may assent thereto or withhold his assent. A statute passed by the Governing Council shall have no validity until it has been assented to by the Chancellor.

 

Section 43 - Ordinances

(1)     The Governing Council may, from time to time, make ordinances and amend or repeal the same.

 

(2)     Subject to the provisions of this Act and the statutes, the ordinances may provide for,--

 

(a)      the admission of the students to the University and to its affiliated colleges and the levy of fees for admission to the University colleges and University laboratories;

 

(b)      the course 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 examinations of the University and the conditions subject to which student shall be admitted to such examinations;

 

(e)      the manner in which exemption relating to the admission of students to examination 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 expressly required or allowed by this Act or the statutes.

 

(3)     In making the ordinances, the Governing Council shall consult,--

 

(a)      the Boards of Studies in matters relating to the appointment and duties of examiners; and

 

(b)      the Standing Academic Board in matters relating to the conduct or standard of examination.

(4)     All ordinances made by the Governing Council shall have effect from date as the Governing Council may specify and every ordinance so made shall be submitted, as soon as may be, to the Chancellor and the Senate for information.

The present appeal directs that the earlier decision in the matter has become final and binding and should be complied with and followed. [1993 (III) 1 LW 40 (SN)].

Section 44 - Regulations

(1)     The Standing Academic Board may make regulations consistent with this Act, the statues and the ordinances, to carry out the duties assigned to it there under.

 

(2)     All such regulations shall have effect from such date as the Standing Academic Board may specify and every regulation so made shall be placed before the Governing Council for information.

 

Section 45 - Term of office of members of Senate and Governing Council

(1)     Every elected and nominated member of the Senate and Governing Council, shall hold office for a period of three years and such member shall be eligible for election or nomination for another period of three years:

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

(2)     Any person who has completed two terms of three years each, continuously in any one of the authorities referred to in subsection (1) shall be eligible after a period of three years has elapsed from the date of his ceasing to be such member for election or nomination for a further period of three years.

Explanation.-- For the purpose of this section, a person who has held office for a period not less than one year in any one of the authorities mentioned in sub-section (1) in a casual vacancy, shall be deemed to have held office for a term of three years in that authority.

(3)     Where an elected or a nominated member of any of the authorities is appointed temporarily to any of the office by virtue of which he is entitled to be an ex-officio member of any other authority, he shall, by notice in writing signed by him and communicated to the Vice-Chancellor within seven days from the date of taking charge of his appointment, choose whether he will continue to be a member of the authority to which he was elected or nominated by virtue of his election or nomination or whether he will vacate office as such member and become a member ex-officio of any other authority 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 nominated member.

 

(4)     Where a person is a member of any other authority and by virtue of such membership, he is a member of any other authority or authorities and if for any reason, he ceases to be a member of the first mentioned authority, he shall also cease to be a member of other authority or authorities.

 

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

 

(i)       ex-officio members referred to in sub-section (2) of section 18, but not including members of the Governing Council who are not otherwise members of the Senate referred to in clause (q); and

 

(ii)      ex-officio members referred to in sub-section (3) of section 21.

 

Section 46 - 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,--

 

(a)      is of unsound mind or a deaf-mute; or

 

(b)      is an applicant to be adjudicated as an insolvent, or an undischarged insolvent; or

 

(c)      is sentenced by a criminal Court to imprisonment for any offence involving moral turpitude; or

 

(d)      has completed sixty-five years of age.

 

(2)     In case of dispute or doubt, the Governing Council shall determine whether a person is disqualified under sub-section (1) and its decision shall be final.

 

Section 47 - Appointment of the first Vice-Chancellor

Notwithstanding anything contained in sub-section (1) of section 10 within [20][one year] from the date of the 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 48 - Appointment of the first Registrar

Notwithstanding anything contained in sub-section (1) of section 13, within [21][one year] from the date of the 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.

Section 49 - Transitory power of the Vice-Chancellor

(1)     It shall be the duty of the Vice-Chancellor to make arrangements for constituting the Senate, the Governing Council and the Standing Academic Board and such other authorities of the University within 2 years from the notified date.

 

(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 perform their functions with effect from such date as the Government may, by notification, specify in this behalf.

 

(4)     It shall be the duty of the first Vice-Chancellor to draft such statutes, ordinances and regulations as may be necessary and submit them to the respective authorities competent to deal with them for their disposal. Such statutes, ordinances, and regulations when framed shall be published in the Tamil Nadu Government Gazette.

 

(5)     Notwithstanding anything contained in this Act and the statutes and until such time an authority is duly constituted, the first Vice-Chancellor may appoint any officer or constitute any committee temporarily to exercise, perform and discharge any of the powers, functions and duties of such authority under this Act and the statutes.

 

Section 50 - Section 50

Where any vacancy among the elected members of any authority filling up of regular vacancies or other body of the University arises by efflux of time, such vacancy shall be filled by way of election which may be fixed by the Vice-Chancellor:

Provided that such election shall not be held earlier than two months from the date of which the vacancy arises.

 

Section 51 - Filling up 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 no casual vacancy shall be filled, if such vacancy occur within six months before the date of the expiry of the term of the member of any authority or the body of the University.

 

Section 52 - Proceeding of University authority or body not invalidated by vacancies

No act or proceeding of any authority or other body of the University shall be invalidated merely by reason of the existence of any vacancy or of any defect or irregularity in the election or appointment of a member of any authority or other body of the University or of any defect or irregularity in such act or proceeding not affecting the merits of the case or on other ground only that the Senate did not meet twice in any year.

 

Section 53 - Removal from membership and withdrawal of degree, diploma or other academic distinction of University

(1)     The Governing Council may,--

 

(a)      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 Governing Council and by a majority of not less than two-thirds of the members of the Governing Council 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 Governing Council involves moral turpitude or if he has been guilty of gross misconduct; and

 

(b)      for the same reason, withdraw any degree, diploma and other academic distinctions conferred on, or granted to, that person by the University.

 

(2)     The Governing Council 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 has applied to be adjudicated or has been adjudicated as an insolvent.

 

(3)     No action under the 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 subsection (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 the regulations.

 

Section 54 - Dispute as to election or nomination

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 55 - Authorities to constitute committees and to delegate 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 deem fit. Such committees shall, save as otherwise provided, consist of members of the authority concerned and of such other person, if any, as the authority may deem fit.

 

Section 56 - Power to obtain information

Notwithstanding anything contained in this Act, or any other law for the time being in force, the Government may, by order in writing, call for any information from the University or any matter relating to the affairs of the University and the University shall, if such information is available with it, furnished the Government with such information within a reasonable period:

Provided that in the case of information which the University considers confidential, the Vice-Chancellor of the University may place the same before the Chancellor for his decision.

 

Section 57 - Transfer of certain employees of the University of Chennai to the Tamil Nadu Dr. M.G.R. Medical University, Chennai

(1)     (a) As soon as may be, after the notified date, the Government may after, consulting the Vice-Chancellor of the University of [22][Chennai] and [23] [the Tamil Nadu Dr. M.G.R. Medical University, [24](Chennai)] direct, by general or special order, that such of the employees of the University of [25][Chennai], as are serving in the Post-Graduate institute of Basic Medical Sciences, Taramani, Chennai, shall stand allotted to serve in connection with the affairs of [26][the Tamil Nadu Dr. M.G.R. Medical University, [27](Chennai)], with effect on and from such date as may be specified in such order:

Provided that no such direction shall be issued in respect of any person without his consent for such allotment.

(b) With effect on and from the date specified in the order under clause (a), the persons specified in such order shall become employees of [28][the Tamil Nadu Dr. M.G.R. Medical University, [29] (Chennai)] and shall cease to be employees of the University of [30][Chennai].

(2)     Every person referred to in sub-section (1) shall hold office under [31][the Tamil Nadu Dr. M.G.R. Medical University, [32](Chennai)], upon such tenure, remuneration, terms and conditions and rights and privileges as to pension or gratuity, if any, and other matters which shall not be less favourable than those to which he would have been entitled to on the date specified in the order under clause (a) of sub-section (1), as if this Act had not been passed.

 

(3)     The liability to pay pension and gratuity to the persons referred in sub-section (1) shall be the liability of [33][the Tamil Nadu Dr. M.G.R. Medical University, [34](Chennai)].

 

Section 58 - Transfer of accumulations in Provident Fund and other like funds

(1)     The sums at the credit of the Provident Fund accounts of the persons referred to in sub-section (1) of section 57 as on the date of their becoming employees of [35][the Tamil Nadu Dr. M.G.R. Medical University, [36](Chennai)] shall be transferred to [37][the Tamil Nadu Dr. M.G.R. Medical University, [38](Chennai)] and the liability in respect of the said Provident Fund accounts shall be the liability of [39][the Tamil Nadu Dr. M.G.R. Medical University, [40](Chennai)].

 

(2)     There shall be paid to [41][the Tamil Nadu Dr. M.G.R. Medical University, [42] (Chennai)] out of the accumulations in the superannuation fund and other like funds, if any, of the University of Chennai such amounts as have been credited to the superannuation fund or other like funds, if any, on behalf of the persons referred to in sub-section (1) of section 57. The amount so paid shall form part of the superannuation fund or other like funds, if any, that may be established by [43][the Tamil Nadu Dr. M.G.R. Medical University, [44](Chennai)] for the benefit of its employees.

 

Section 59 - Payment of certain amount by the University of Chennai

(1)     The University of Chennai shall, out of its funds as on the notified date, pay to [45][the Tamil Nadu Dr. M.G.R. Medical University, [46](Chennai)], such, amount as the Government may, in consultation with the University of Chennai, specify.

 

(2)     The amount payable under sub-section (1) shall be in addition to the amounts payable by the University of [47][Chennai] to [48][the Tamil Nadu Dr. M.G.R. Medical University, [49](Chennai)], under section 57.

 

Section 60 - Visitation

(1)     The Government shall have the right to cause an inspection or inquiry to be made, by such person or persons, as they may direct, of the University, its buildings, laboratories, libraries, museums, workshops and equipments, and of any institution maintained, recognised or approved by, or affiliated to, the University and also of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in respect of any matter connected with the University. The Government shall, in every case, give notice to the University of 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 Governing Council their views with reference to the result of such inspection or inquiry and may, after ascertaining the opinion of the Governing Council thereon, advise the University upon the action to be taken and fix a time limit for taking such action.

 

(3)     The Governing Council shall report to the Government the action taken on the basis of the result of such inspection or inquiry. Such report shall be submitted within such time as the Government may direct.

 

 

(4)     Where the Governing Council 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 Governing Council, issue such directions as they may think fit and the Governing Council shall not comply with such directions. In the event of the Governing Council complying with such directions within such time as may be fixed in that behalf by the Government, the Government shall have power to appoint any person or body to comply with such directions and make such orders as may be necessary for the expenses thereof.

 

Section 61 - Librarian

(1)     The Librarian shall be a whole-time officer of the University appointed by the Governing Council on the recommendation of the Selection Committee constituted for the purpose, for such period and such terms and conditions as may be prescribed.

 

(2)     The Librarian shall exercise such powers and perform such duties as may be assigned to him by the Governing Council.

 

Section 62 - Special mode of appointment

(1)     The Governing Council may invite a person of high academic distinction and professional attainments to accept a post of Professor in the University on such terms and conditions as it deems fit, and on his acceptance appoint him to the post.

 

(2)     The Governing Council 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 the manner laid down in the ordinances.

 

Section 63 - Report on affiliated colleges

The Governing Council shall, at the end of every five years from the notified date, submit a report to the Government on the condition of affiliated colleges and approved institutions within the University area. The Government shall take such action on the report as they deem fit.

 

Section 64 - Selection Committee

(1)     There shall be a Selection Committee for making recommendations to the Governing Council for appointment to the posts of Professor, Assistant Professor, Reader, Lecturer and Librarian of institutions maintained by the University.

 

(2)     The Selection Committee for appointment to the posts referred to in sub-section (1) shall consist of the Vice-Chancellor, the Chairman of the Board of Studies concerned and persons not less than two but not exceeding four, who are experts in the subject in which the appointment is to be made, nominated by the Governing Council:

Provided that at least two experts shall be present at the Selection Committee meeting:

Provided further that, in the case of selection for appointment of Readers and Lecturers, one of the experts shall be the University Professor and Head of the Department in the subject, if there is one.

 

Section 65 - Vice-Chancellor and other officers, etc. to be public servants

The Vice-Chancellor, the Registrar, the Finance Officer, the Controller of Examinations and other employees of the University shall be deemed when acting or purporting to act in pursuance of any of the provisions of this Act to be public servants within the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860).

 

Section 66 - Power to amend Schedule

The Government may, by notification, amend the Schedule to include in it any college, institution or centre to, or to exclude therefrom any college, institution or centre from, and on the publication of such notification, such college, institution or centre shall be deemed to be included in, or as the case may be, omitted from the Schedule.

 

Section 67 - Certain Acts not to apply

(1)     Subject to the provisions of sub-sections (2) to (7), the [50][Chennai] University Act, 1923 (Tamil Nadu Act VII 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) and the Bharathidasan University Act, 1981 (Tamil Nadu Act 2 of 1982) (hereafter in this section referred to as the said Acts) shall, with effect on and from the notified date, cease to apply in respect of every college and institution to which this Act applies.

 

(2)     Such cessor shall not affect?

 

(a)      the previous operation of the said Act in respect of the colleges and institutions referred to in sub-section (1);

 

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

 

(c)      any investigation, legal proceedings, or remedy in respect of such penalty, forfeiture or punishment and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed.

 

(3)     Notwithstanding anything contained in sub-section (1), all statutes, ordinances and regulations made under the said Act and in force on the notified date shall, in so far as they are not inconsistent with this Act, continue to be in force in respect of the colleges and institutions referred to in the said sub-section (1), 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 subsection (3) or made under this Act, every person who immediately before the notified date was a student of a college within the University area affiliated to, or approved or maintained by, the [51][Chennai], Madurai-Kamaraj, Bharathiar and Bharathidasan Universities, or was eligible to appear for any of the examinations in medical science of the said Universities, shall be permitted to complete his course of study in the respective Universities and [52][the Tamil Nadu Dr. M.G.R. Medical University, [53](Chennai)] shall make arrangements for the instruction, teaching and training for such students for such period and in such manner as may be determined by [54][the Tamil Nadu Dr. M.G.R. Medical University, [55] (Chennai)] in accordance with the course of study, in 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 Universities shall be conferred upon the qualified students on the result of such examinations, by the Universities concerned.

 

(5)     All property, whether movable or immovable, including lands, buildings, equipments, books and library and all rights whatsoever kind owned by or vested in or held in trust, immediately before the notified date, by the University Chennai at the University campus at Taramani, [56](Chennai) as well as liabilities legally subsisting against that University at that campus shall stand transferred to, and vest in [57][the Tamil Nadu Dr. M.G.R. Medical University, [58](Chennai)].

 

(6)     All Medical, Dental, Nursing and Pharmacy colleges within the University area which immediately before the notified date,--

 

(a)      continue to be affiliated to, or recognised by, the [59][Chennai], Madurai, Kamaraj, Bharathiar and Bharathidasan Universities; and

 

(b)      provide courses of study for admission to the examination for degrees and diplomas of the Universities specified in clause (a), shall be deemed to be colleges affiliated to 1[the Tamil Nadu Dr. M.G.R. Medical University, [60](Chennai)] under this Act and the provisions of this Act shall, as far as may be, apply accordingly.

 

(7)     Subject to the provisions of sub-section (2), but without prejudice to the provisions of sub-sections (3) to (6), anything done or any action taken before the notified date under any provisions of the said Acts in respect of any area to which the provisions of this Act apply shall be deemed to have been done or taken under the corresponding 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 provisions in this Act.

 

Section 68 - Power to remove difficulties

(1)     If any difficulty arises as to the first constitution or reconstitution of any authority of the University after the notified date or otherwise in giving effect to the provisions of this Act, the Government may, by notification, make such provision, not inconsistent with the provisions of this Act, as may appear to them to be necessary or expedient, for removing the difficulty:

Provided that no such notification shall be issued after the expiry of five years from the date of establishment of the University under section 3.

(2)     Every notification issued under sub-section (1) or under any other provisions of this Act shall, as soon as possible after it is issued, be placed on the table of the Legislative Assembly and if, before the expiry of the session in which it is so placed or the next session, the Assembly makes any modification in any such notification or the Assembly decides that the notification should not be issued, the notification shall, thereafter, have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under the notification.

 

Schedule - SCHEDULE

SCHEDULE

[See sections 1(3) (a) and section 66]

List of institutions.

I.         Government Medical Colleges--Under the control of Director of Medical Education?

 

1.        Chennai Medical College, [61][Chennai]-3.

 

2.        Stanley Medical College, [62][Chennai-1].

 

3.        Kilpauk Medical College, [63][Chennai-10].

 

4.        Madurai Medical College, Madurai.

 

5.        Thanjavur Medical College, Thanjavur.

 

6.        Coimbatore Medical College, Coimbatore.

 

7.        Tirunelveli Medical College, Tirunelveli.

 

8.        Chengalpattu Medical College, Chengalpattu.

Private Medical College

1.        Christian Medical College, Vellore.

 

2.        Sri Ramachandra Medical College and Research Institute, Chennai.

 

3.        P. S. G. Institute of Medical Sciences, Coimbatore.

 

II.       Government Medical Colleges under the control of Director of Indian Medicine

 

1.        Government Sidha Medical College, Palayamkottai, Tirunelveli.

 

2.        Government Sidha Medical College, Palani.

 

3.        Government Homeopathy Medical College, Tirumangalan, Madurai district.

 

4.        Government Unani Medical College, [64][Chennai].

Private Medical College

1.        Venkataraman Ayurvedha College, [65][Chennai].

 

2.        Ayurvedha College, Coimbatore.

 

III.     Government Dental College

Chennai Dental College, [66][Chennai].

IV.      Government Pharmacy Colleges (B. Pharm)

 

1.        Chennai Medical College, [67][Chennai].

 

2.        Madurai Medical College, Madurai. Private Pharmacy Colleges (B. Pharm)

 

1.        C.L. Baid Metha College of Pharmacy, Thorapakkam, [68][Chennai].

 

2.        J.S.S. College of Pharmacy, Rockland, Ootacamund-1.

 

3.        K.M. College of Pharmacy, Melur Road, Uthangudi, Madurai.

 

V.        Government College of Nursing

Chennai Medical College, [69][Chennai].

Private College of Nursing

Christian Medical College, Vellore.

VI.      Government College of Physiotherapy

 

1.        Institute of Rehabilitation Medicine, K.K. Nagar, [70][Chennai].

 

2.        College of Physiotherapy at the Campus of Government Rajaji Tuberculosis Hospital, Tiruchirapalli.

 

VII.    Private Institutions conducting Post-Graduate Degree and Diploma Courses

 

1.        Cancer Institute, Adyar, [71] [Chennai].

 

2.        Sankara Nethralaya Medical Research Foundation, College Road, [72] [Chennai]-6.

 

3.        St. Joseph Hospital, Tiruchirapalli.

 

4.        Aravind Eye Hospital, Madurai.

 

5.        [Excluded by Notification No. II(2)/48/589/97 : 903 D No.

59/HFW/MCA, dated 17-12-1996.]

 

6.        Gandhigram Rural Institute of Health and Family Planning.

 

7.        Christian Community Health Centre, Ambilikkai.