The Tamil Nadu Music and Fine Arts University Act, 2013
Chapter III OFFICERS OF UNIVERSITY
Chapter III OFFICERS OF UNIVERSITY
8. Insertion of new section
Insertion of new section 55-A. 8. After section 55 of the Tamil Nadu Private Colleges (Regulation) Act, 1976 (hereinafter in this Part referred to as President’s Act 19 of 1976), the following section shall be inserted, namely:— President’s Act 19 of 1976. “55-A. Application of the Act to Music, Fine Arts and Performing Arts Colleges.—The Government may, by notification, direct that any of the provisions of this Act and the rules made thereunder shall apply to the Music, Fine Arts and Performing Arts Colleges to such extent and subject to such modifications and restrictions as may be specified in the notification.”.
Chapter III OFFICERS OF UNIVERSITY
9. Chancellor
- (1) The Chief Minister of the State of Tamil Nadu shall be the Chancellor of the University. He / She shall by virtue of his / her office be the head of the University and shall, when present, preside at any convocation of the University and confer degrees, diploma or other academic distinctions upon persons entitled to receive them.
- (2) Where power is conferred upon the Chancellor to nominate persons to the authorities, the Chancellor shall, to the extent necessary, nominate persons to represent interests not otherwise adequately represented.
- (3) The Chancellor may, on his / her 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 / herself 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 orders shall be modified, annulled, revised or remitted for reconsideration, he / she may pass orders accordingly: Provided that every application to the Chancellor for the exercise of the powers under this 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 an opportunity of making his representation.
- (4) The Chancellor shall exercise such other powers and perform such other duties as may be conferred on him / her by or under this Act.
Chapter III OFFICERS OF UNIVERSITY
10. Pro-Chancellor
- (1) The Minister in-charge of portfolio of Culture in the State of Tamil Nadu shall be the Pro-Chancellor of the University.
- (2) The Pro-Chancellor shall exercise such powers and perform such duties as may be conferred on him by or under this Act.
Chapter III OFFICERS OF UNIVERSITY
11. Vice-Chancellor
-1 11.
- (1) The Vice-Chancellor shall be a whole-time officer of the University.
- (2) The Government shall constitute a Search Committee consisting of three persons of whom one shall be nominated by the Chancellor, one by the Syndicate and one by the Government. The nominee of the Government shall function as the Chairman of the Committee. The Secretary to Government, in-charge of Culture or his nominee not below the rank of the Deputy Secretary to Government shall be the Convener of the Search Committee.
- (3) No person connected with the affairs of the Government, the University or any college or institution affiliated to the University shall be nominated as the member of the Search Committee.
- (4) The Search Committee shall submit to the Government a panel of three persons who are eminent academicians in the field of music, fine arts and performing arts. The Government shall forward the panel to the Chancellor who shall, keeping in view, merit, equity and social justice and with the concurrence of the Government, appoint one person from the panel as the Vice-Chancellor: Provided that the Chancellor may, with the concurrence of the Government, call for a second panel if he/she considers it necessary, and the Search Committee shall submit a second panel of three different names and shall appoint one of the persons in the second panel as Vice-Chancellor.
- (5) No person shall be appointed or hold office of the Vice-Chancellor if he has attained the age of seventy years.
- (6) The Vice-Chancellor shall, subject to the pleasure of the Chancellor and the provisions of sub-section (5), hold office for a period of three years: Provided that the Vice-Chancellor may, by writing under his hand addressed to the Chancellor and after giving two months notice, resign his office: Provided further that a person appointed as Vice-Chancellor shall retire from office if, during the term of his office or any extension thereof, he completes the age of seventy years.
- (7) When any temporary vacancy occurs in the office of the Vice-Chancellor or when the Vice-Chancellor is, by reason of illness, absence or for any other reason, unable to exercise the powers and perform the duties of his office, the senior most Professor of the University shall exercise the powers and perform the duties of the Vice-Chancellor till the Syndicate makes the requisite arrangement for exercising the powers and performing the duties of the Vice-Chancellor.
- (8) The Vice-Chancellor shall not be removed from his office except by an order of the Chancellor passed on the ground of wilful omission or refusal to carry out the provisions of this Act or for abuse of the powers vested in him and on the advice tendered by the Government on consideration of the report of an inquiry under sub-section (9).
- (9) For the purpose of holding an inquiry under sub-section (8), the Government shall appoint a person who is or has been a Judge of the High Court or who is or has been an Officer of the Government not below the rank of Chief Secretary to Government. The inquiry authority shall hold the inquiry after giving an opportunity to make representation by the Vice-Chancellor and shall submit a report to the Government on the action to be taken including penalty, if any, to be imposed, and the Government shall on consideration of the representation, advise the Chancellor. The Chancellor shall act in accordance with such advice, as far as may be, in any case, within three months.
- (10) The emoluments and other conditions of service of the Vice-Chancellor shall be as follows:—
- (a) There shall be paid to the Vice-Chancellor such salary as may be fixed by the Government, from time to time, and he shall be entitled without payment of rent to the use of a furnished residence throughout his term of office and no charge shall fall on the Vice-Chancellor personally in respect of the maintenance of such residence. He may be entitled to such other perquisites as may be provided in the statutes.
- (b) The Vice-Chancellor shall be entitled to such terminal benefits and allowances as may be fixed by the Syndicate, with the approval of the Chancellor, from time to time: Provided that, where an employee of,—
- (i) the University; or
- (ii) 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.
- (c) The Vice-Chancellor shall be entitled to travelling allowances at such rates as may be fixed by the Syndicate.
- (d) The Vice-Chancellor shall be entitled to earned leave on full pay at one-eleventh of the periods spent by him on active service: Provided that when the earned leave applied for by the Vice-Chancellor, in sufficient time before the date of expiry of the term of his office, is refused by the Chancellor in the interest of the University and if he does not avail of the leave before the date of expiry of the term of his office, he shall be entitled to draw cash equivalent to leave salary after relinquishment of his office in respect of earned leave at his credit, subject to a maximum of two hundred and forty days.
- (e) The Vice-Chancellor shall be entitled, on medical grounds or otherwise, to leave without pay for a period of not exceeding three months during the term of his office: Provided that such leave may be converted into leave on full pay to the extent to which he is entitled to earned leave under clause (d).
- (11) If a Professor of the University or of an other University in the State is appointed as Vice-Chancellor, his terms and conditions of service as Professor shall not be revised to his disadvantage during his tenure as Vice-Chancellor and he shall retain his lien in his post.
Chapter III OFFICERS OF UNIVERSITY
12. Powers and duties 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, diploma or other academic distinctions upon persons entitled to receive them. He shall be a member ex-officio and Chairperson of the Syndicate, the Academic Council and the Finance Committee and shall be entitled to be present at and to address any meeting of any authority of the University but shall not be entitled to vote thereat unless he is a member of the authority concerned.
- (2) It shall be the duty of the Vice-Chancellor to ensure that the provisions of this Act, statutes and regulations are observed and carried out and he may exercise all powers necessary for this purpose.
- (3) The Vice-Chancellor shall have power to convene meeting of the Syndicate, the Academic Council and the Finance Committee. (4)
- (a) The Vice-Chancellor shall have power to take action on any matter and shall by order, 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 ordinarily 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;
- (b) When action taken by the Vice-Chancellor under this sub-section affects any person in the service of the University, such person may prefer an appeal to the Syndicate within thirty days from the date on which the order is communicated to him and the Vice-Chancellor shall give effect to the order passed by the Syndicate on such appeal.
- (5) The Vice-Chancellor shall give effect to the orders of the Syndicate regarding the appointment, suspension and dismissal of the teachers and other employees of the University and any other decision of the Syndicate.
- (6) The Vice-Chancellor shall exercise control over the affairs of the University and shall be responsible for the due maintenance of discipline in the University.
- (7) The Vice-Chancellor shall exercise such other powers and perform such other duties, as may be prescribed.
Chapter III OFFICERS OF UNIVERSITY
13. Registrar
- (1) The Registrar shall be a whole-time salaried officer of the University appointed by the Syndicate on the recommendation of the Vice-Chancellor. The qualifications and the method of recruitment shall be such as may be prescribed. The terms and conditions of service of the Registrar shall be as follows:—
- (a) The holder of the post of Registrar shall be a person of eminence in music, fine arts or performing arts, not lower in rank than that of a Professor of the University or an officer of the Government not lower in rank than that of the Deputy Secretary to Government;
- (b) The Registrar shall hold office for a period of three years: Provided that the Registrar shall retire on attaining the age of sixty years in the case of a Professor of the University or an other University in the State and fifty-eight years in the case of a Government Servant or on the expiry of the period specified in this clause, whichever is earlier;
- (c) The emoluments and other terms and conditions of service of the Registrar shall be such as may be prescribed;
- (d) When the office of the Registrar is vacant or when the Registrar is, by reason of illness, absence or for any other cause, unable to perform the duties of his office, the duties of the office of the Registrar shall be performed by such person as the Vice-Chancellor may appoint for the purpose. (2)
- (a) The Registrar shall have power to take disciplinary action against such of the employees, excluding teachers of the University and academic staff, as may be specified in the orders of the Syndicate and to suspend them pending inquiry, to administer warnings to them or to impose on them the penalty of censure or withholding of increments: Provided that no such penalty shall be imposed unless the person concerned has been given a reasonable opportunity of showing cause against the action proposed to be taken against him;
- (b) An appeal shall lie to the Vice-Chancellor against any order of the Registrar imposing any of the penalties specified in clause (a);
- (c) In any case where the inquiry discloses that penalty beyond the powers of the Registrar is called for, the Registrar shall, upon conclusion of the inquiry, make a report to the Vice-Chancellor along with his recommendations: Provided that an appeal shall lie to the Syndicate against an order of the Vice-Chancellor imposing any penalty;
- (d) No appeal under clause
- (b) or clause
- (c) shall be preferred after the expiry of sixty days from the date on which the order appealed against was received by the appellant.
- (3) The Registrar shall be the ex-officio Member-Secretary to the Syndicate, the Academic Council, the Faculties and the Boards of Studies, but shall not be deemed to be a member of any of these authorities.
- (4) It shall be the duty of the Registrar,-
- (a) to be the custodian of the records, the common seal and such other property of the University, as the Syndicate shall commit to his charge;
- (b) to issue all notices convening meetings of the Syndicate, the Academic Council, the Faculties, the Boards of Studies and of any Committee appointed by the authorities of the University;
- (c) to keep the minutes of all proceedings of the meetings of the Syndicate, the Academic Council, the Faculties, the Boards of Studies and of any Committee appointed by the authorities of the University;
- (d) to conduct the official correspondence of the Syndicate;
- (e) to supply to the Chancellor copies of the agenda of the meetings of the authorities of the University as soon as they are issued and the minutes of the proceedings of such meetings; and
- (f) to exercise such other powers and perform such other duties as may be specified in the statutes, or the regulations or as may be required, from time to time, by the Syndicate or the Vice-Chancellor.
Chapter III OFFICERS OF UNIVERSITY
14. Finance Officer
- (1) The Finance Officer shall be a whole-time salaried officer of the University appointed by the Syndicate from out of a panel of three names recommended by the Government. The qualification and the method of recruitment shall be such as may be prescribed.
- (2) The Finance Officer shall hold office for a period of three years subject to such terms and conditions as may be specified by the Syndicate: Provided that a person appointed as Finance Officer shall retire from office, if during the term of his office, he completes the age of fifty-eight years.
- (3) The emoluments and other terms and conditions of service of the Finance Officer shall be such as may be prescribed.
- (4) When the office of the Finance Officer is vacant or when the Finance Officer, is by reason of illness, absence or for any other cause unable to perform the duties of his office, the duties of the Finance Officer shall be performed by such person as the Vice-Chancellor may appoint for the purpose.
- (5) The Finance Officer shall be the ex-officio Secretary to the Finance Committee, but shall not be deemed to be a member of such Committee.
- (6) The Finance Officer shall,-
- (a) exercise general supervision over the funds of the University and shall advise the University as regards its financial policy; and
- (b) exercise such other powers and perform such other financial functions, as may be assigned to him by the Syndicate or as may be prescribed: Provided that the Finance Officer shall not incur any expenditure or make any investment exceeding such amount as may be prescribed without the previous approval of the Syndicate.
- (7) Subject to the control of the Syndicate, the Finance Officer shall,-
- (a) hold and manage the property and investment on the University including trust and endowment property;
- (b) ensure that the limit fixed by the Syndicate for recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purposes for which they are granted or allotted;
- (c) be responsible for the preparation of annual accounts, financial estimates and the budget of the University and for their presentation to the Syndicate;
- (d) keep a constant watch on the cash and bank balance and of investments;
- (e) watch the progress of the collection of revenue and advise on the methods of collection employed;
- (f) ensure that the registers of buildings, lands, furniture and equipments are maintained upto date and that stock checking is conducted, of equipments and other consumable materials in all offices, special centres maintained by the University;
- (g) bring to the notice of the Vice-Chancellor any unauthorised expenditure or other financial irregularity and suggest appropriate action to be taken against person at fault; and
- (h) call from any office and centre, maintained by the University, any information or returns that he may consider necessary for the performance of his duties.
- (8) The receipt of the Finance Officer or of the person or persons duly authorised in this behalf by the Syndicate for any money payable to the University shall be a sufficient discharge for payment of such money.
Chapter III OFFICERS OF UNIVERSITY
15. Controller of Examinations
- (a) The Controller of Examinations shall be an academician in the field of Art and Culture with a degree of Bachelor of Music or Fine Arts or Performing Arts and a whole time salaried officer of the University appointed by the Syndicate on the recommendation of the Vice-Chancellor for such period and on such terms and conditions as may be prescribed.
- (b) The Controller of Examinations shall exercise such powers and perform such duties as may be prescribed.
Chapter III OFFICERS OF UNIVERSITY
16. Dean of Faculties
- (1) Every Dean shall be appointed by the Vice-Chancellor from among the Professors in the Faculty for a period of three years and he shall be eligible for reappointment: Provided that a Dean on attaining the age of sixty years shall cease to hold office as such: Provided further that if at any time there is no Professor in a Faculty, the Vice-Chancellor shall exercise the powers of the Dean of the Faculty.
- (2) When the office of the Dean is vacant or when the Dean is by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of his office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.
- (3) The Dean shall be Head of the Faculty and shall be responsible for the conduct and maintenance of the standards of research in the Faculty. The Dean shall have such other functions as may be prescribed.
- (4) The Dean shall have the right to be present and to speak at any meeting of any Board of Studies or Committee or the Faculty, as the case may be, but shall not have the right to vote thereat unless he is a member thereof.
Chapter III OFFICERS OF UNIVERSITY
17. 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.
PDF: pending for this language.