The Tamil Nadu Music and Fine Arts University Act, 2013
Chapter IX MISCELLANEOUS
Chapter IX MISCELLANEOUS
47. Filling of casual vacancy
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 conveniently may be, by the person or body who or which, nominated the member whose place has become vacant and the person nominated to a casual vacancy shall be a member of such authority or body for the remainder of the term for which the person whose place he fills would have been a member:
Chapter IX MISCELLANEOUS
48. Provided that no casual vacancy shall be filled, if such vacancy occurs within six months before the date of the expiry of the term of the member of any authority or other body of the University.
Proceedings of the University authorities and bodies 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 nomination or appointment of a member of any authority or other body of the University or of any defect or irregularity in such act or proceedings not affecting the merits of the case or on the ground only that the authority or other body of the University did not meet at such intervals as required under this Act.
Chapter IX MISCELLANEOUS
49. Removal from membership of the University
- (1) The Syndicate may remove by an order in writing made in this behalf any person from membership of any authority of the University by a resolution passed by a majority of the total membership of the Syndicate and by a majority of not less than two thirds of the members of the Syndicate present and voting at the meeting, if such person has been convicted by a criminal court for an offence which in the opinion of the Syndicate involves moral turpitude or if he has been guilty of gross misconduct and for the same reason, the Syndicate may withdraw any degree or diploma conferred on, or granted, to that person by the University.
- (2) The Syndicate may also by an order in writing made in this behalf remove any person from the membership of any authority of the University if he becomes of unsound mind or deaf-mute or has applied to be adjudicated or has been adjudicated an insolvent.
- (3) No action under this section shall be taken against any person unless he has been given a reasonable opportunity to show cause against the action proposed to be taken.
- (4) A copy of every order passed under sub-section
- (1) or sub- section (2), as the case may be, shall as soon as may be, after it is so passed, be communicated to the person concerned in the manner prescribed.
Chapter IX MISCELLANEOUS
50. Disputes as to the constitution of University authorities and bodies
If any question arises whether any person has been duly 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.
Chapter IX MISCELLANEOUS
51. Power to obtain information
Notwithstanding anything contained in this Act or in any other law for the time being in force, the Government may, by order in writing, call for any information from the University on any matter relating to the affairs of the University and the University shall, if such information is available with it, furnish to the Government with such information within a reasonable period:
Chapter IX MISCELLANEOUS
52. Provided that in the case of information which the University considers confidential, the University may place the same before the Chancellor and the Pro-Chancellor.
Appointment of first Vice-Chancellor Notwithstanding anything contained in section 11, within three months from the appointed date, 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 think fit:
Chapter IX MISCELLANEOUS
53. 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 seventy years.
Appointment of first Registrar Notwithstanding anything contained in sub-section
- (1) of section 13, within three months from the appointed date, 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 think fit.
Chapter IX MISCELLANEOUS
54. Transitory powers of the first Vice-Chancellor
- (1) It shall be the duty of the first Vice- Chancellor to make arrangements for constituting the Syndicate, the Academic Council and such other authorities of the University within six months after the appointed date or such longer period, not exceeding one year as the Government may, by notification, direct.
- (2) The First Vice-Chancellor shall, in consultation with the Government, make such rules as may be necessary for the functioning of the University.
- (3) The authorities constituted under sub-section
- (1) shall commence to exercise their functions on such date as the Government may, by notification, specify in this behalf.
- (4) It shall be the duty of the first Vice-Chancellor to draft such statutes, as may be necessary and submit them to the Syndicate for their approval. Such statutes when framed shall be published in the Tamil Nadu Government Gazette.
- (5) Notwithstanding anything contained in this Act and the statutes and until such time an authority is duly constituted, the first Vice-Chancellor may appoint any officer or constitute any committee temporarily to exercise and perform any of the powers and duties of such authority under this Act and the statutes.
Chapter IX MISCELLANEOUS
55. Certain Tamil Nadu Acts not to apply
- (1) Subject to the provisions of sub-sections
- (2) to (6), the Chennai University Act, 1923 and the Bharathidasan University Act, 1981 (hereafter in this section referred to as the University Acts) shall, with effect on and from the appointed date, cease to apply in respect of colleges specified in the Schedule.
- (2) Such cessor shall not affect –
- (a) the previous operation of the said University Acts in respect of the colleges referred to in sub-section (1);
- (b) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said University Acts; or
- (c) any investigation, legal proceedings or remedy in respect of such penalty, forfeiture or punishment and any such investigation, legal proceedings or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the Tamil Nadu Music and Fine Arts University Act, 2013 had not been passed.
- (3) Notwithstanding anything contained in sub-section (1), all statutes, ordinances and regulations made under the University Acts and in force on the appointed date shall, in so far as they are not inconsistent with the provisions of this Act, continue to be in force in respect of the colleges specified in the Schedule, until they are replaced by statutes and regulations made under this Act.
- (4) Notwithstanding anything contained in this Act, the statutes, ordinances and regulations continued in force under sub-section
- (3) or made under this Act, every person who immediately before the appointed date was a student of a college specified in the Schedule, affiliated to or approved by, the Chennai University, Bharathidasan University or was eligible to appear for any of the examinations of the Chennai University, Bharathidasan University shall be permitted to complete his course of study in the Tamil Nadu Music and Fine Arts University and the Tamil Nadu Music and Fine Arts University shall make arrangements for the instruction, teaching and training for such students for such period and in such manner as may be determined by the Tamil Nadu Music and Fine Arts University in accordance with the course of study in the Chennai University, Bharathidasan University and such students shall during such period be admitted to the examinations held or conducted by the Chennai University, Bharathidasan University and the corresponding degree, diploma or other academic distinctions of the Chennai University, Bharathidasan University shall be conferred upon the qualified students on the result of such examinations by the Chennai University and Bharathidasan University.
- (5) All colleges specified in the Schedule which immediately before the appointed date,-
- (a) continue to be affiliated to, or recognised by the Chennai University and Bharathidasan University; and
- (b) providing courses of study for admission to the examination for degrees and diplomas of the Chennai University and Bharathidasan University shall be deemed to be colleges affiliated to the Tamil Nadu Music and Fine Arts University under this Act and the provisions of this Act shall as far as may be applied accordingly.
- (6) Subject to the provisions of sub-section
- (2) but without prejudice to the provisions of sub-sections
- (3) to (5), anything done or any action taken before the appointed date under any provision of the said University Acts, in respect of any college specified in the Schedule to which the provisions of this Act apply shall be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to have an effect accordingly unless and until superseded by anything done or any action taken under the corresponding provisions of this Act.
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56. Special mode of appointment
- (1) The Syndicate may invite a person of high academic distinction and professional attainments to accept a post of a Professor in the University on such terms and conditions as it deems fit, and on the person agreeing to do so, appoint him to the post, subject to the approval by the Chancellor.
- (2) The Syndicate may appoint a teacher or any other member of the academic staff working in any other University or organisation for undertaking a joint project in accordance with the manner prescribed.
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57. Power to amend Schedule
The Government may, by notification, alter, amend or add to the Schedule or omit any college or institution specified in the Schedule or and upon the issue of such notification, the Schedule shall be deemed to be amended accordingly.
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58. Power to give direction
The Government may, from time to time, issue such directions to the University, as it may deem fit, for giving effect to the provisions of this Act and it shall be the duty of the University, to comply with such directions.
Chapter IX MISCELLANEOUS
59. Power to remove difficulties
- (1) If any difficulty arises as to the first constitution or reconstitution of any authority of the University after the appointed 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 that notification.
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