The Jawaharlal Nehru Architecure and Fine Arts University Act, 2008
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44. Transitional.
Completion of study, examination, etc., by students studying in colleges on the commencement of this Act Any student studying in any college, in any course for an examination of the Jawaharlal Nehru Technological University, to which the provisions of this Act apply shall be permitted to study such course, shall be examined in such manner and shall be awarded such degree, diploma or certificate, as may be prescribed by the statutes or Ordinances: Provided that every such student shall be given an option to be exercised, within such time as the Architecture and Fine Arts University may determine, to continue to be governed by the syllabi and curricula and the scheme for the conduct of examination and the conferment of degree, diploma or certificate, as the case may be, applicable to him under the Jawaharlal Nehru Technological University, Hyderabad, to which the college in which he is studying was affiliated immediately prior to come into force of this Act, and in case the said student exercises his option to continue to be so governed, the Architecture and Fine Arts University shall be bound to allow him to continue to study the course according to the syllabi and curricula and the said University shall be bound to conduct the examination and confer on him the degree, diploma or certificate, as the case may be, according to the scheme applicable to him under the said University.
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45. Option to Join services of the University and division of funds
- (1) Notwithstanding anything contained in this Act every teacher or other employee of the University shall, within a period of one month, or such other period beyond one month as may be specified by the Government by a notification, from the date of coming to force of the Act, exercise an option to join the service under the Jawaharlal Nehru Architecture and Fine Arts University or Jawaharlal Nehru Technological Universites, Hyderabad, Kakinada or Anantapur, failing which he/she shall be deemed to have opted to remain in the service of the University where he/she is serving on the date of commencement of this Act and shall, from the said date, be liable to be governed by the terms and conditions governing the University service, which shall not be less favourable than those applicable to such teachers or other employees prior to the said date. The options of all the teachers and other employees opting for joining any one of the Universities mentioned above shall be considered and they shall be transferred to the said University service on the basis of their relative seniority in the concerned category of service to which he/she belongs and subject to availability of vacancy in that University in the said category within a maximum period of five years from the date of commencement of this Act. It shall be competent for the Executive Council of such University to pass such orders as it deems fit in regard to the seniority, promotions and such other conditions of service of such transferred staff: Provided that the service rendered by such staff in the University, to which the college or institution belonged prior to such transfer, shall be counted for all purposes as service in the University to which he/she opts.
- (2) The divisible funds of the Jawaharlal Nehru Technological University, constituted under the Jawaharlal Nehru Technological University Act, 1972 shall be divided equitably among the Jawaharlal Nehru Architecture and Fine Arts University, Jawaharlal Nehru Technological University, Kakinada, Anantapur and Hyderabad as per agreement arrived at among the Universities: Provided that if no such agreement is reached within a period of six months from the date notified, the Government may, after giving an opportunity to the concerned Universities for making their representations in that behalf, determine the amounts payable to the respective Universities and the amounts so determined shall be final and binding on the Universities concerned.
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46. Non-applicability of the Act
- (1) Subject to the provisions of sub-sections
- (2) and (8), the Jawaharlal Nehru Technological University Act, 1972 which was repealed by the Jawaharlal Nehru Technological Universities Act, 2008 shall, with effect on and from the commencement of this Act cease to apply in respect of the colleges and institutions to which the provisions of this Act extend.
- (2) Such cessation shall not affect —
- (a) the previous operation of the said Act 1 of 1972 Act in respect of the colleges and institutions to which the provisions of this Act extend, or
- (b) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said Act, 1972 or
- (c) any investigation, legal proceeding 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 provisions of Jawaharlal Nehru Technological University Act, 1972 and in force on the appointed day, shall, in so far as they are not inconsistent with 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) all property, movable or immovable and all rights, interests whatever kind powers and privileges of the University shall be transferred to and vest in the Jawaharlal Nehru Architecture and Fine Arts University and shall be applied to the objects and purposes for which the University is constituted;
- (5) all benefactions accepted or received by the University immediately before the commencement of this Act shall be deemed to have been accepted or received by the University under this Act and all the conditions on which such benefactions were accepted or received shall be deemed to be valid under this Act, notwithstanding that such conditions are inconsistent with the provisions of this Act;
- (6) all debts, liabilities and obligations incurred before the commencement of this Act and lawfully subsisting against the University shall be discharged and satisfied by the concerned University;
- (7) all references in any enactments or other instruments issued under an enactment to the University constituted immediately before the commencement of this Act shall be construed as references to the Jawaharlal Nehru Architecture and Fine Arts University deemed to have been constituted under this Act;
- (8) the appointment of the officers (other than the Vice-Chancellor), teachers and employees of the University constituted immediately before the commencement of this Act and subsisting immediately before the commencement of this Act shall be deemed to have been made under and for the purpose of this Act, and such Officers, teachers and employees shall continue to hold office, subject to the conditions governing the terms of their office or employment;
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47. Repeal of Ordinance 12 of 2008
The Jawaharlal Nehru Architecture and Fine Arts University Ordinance, 2008 is hereby repealed.
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