Chapter VIII TRANSFER OF COLLEGES, EMPLOYEES AND FUNDS

33. (1) Notwithstanding anything contained in the Madras University Act, 1923 (Tamil Nadu Act VII of 1923) relating to the establishment of the University of Madras or the statutes, ordinances, regulations and orders made thereunder, on and from the appointed day, the College of Engineering, Guindy, Madras and the institutions specified in Schedule I shall be disaffiliated from the University of Madras to which they were affiliated on the date immediately preceding such day. The institutions specified in Schedule I shall form constituent colleges of the University and the provisions of this Act shall apply accordingly.

1. (2) On and from the appointed day, the control and management of the College of Engineering, Guindy, Madras and the institutions specified in Schedule I, all properties, assets and liabilities of the Government, the University of Madras and the Governing Council of Madras Institute of Technology in relation thereto shall stand transferred to and vest in the University.
2. (3) The Government may, at any time after the appointed day, transfer to the University any of their lands for its use on such terms and conditions as they deem proper.
3. (4) The Government may, at any time after the appointed day, transfer to the University the control and management of any of their colleges and institutions situated within the jurisdiction of the University on such terms and conditions as they deem proper.
4. (5) Notwithstanding anything contained in any other law relating to the establishment of a University in the State or the statutes, ordinances, regulations and orders made thereunder, on and from the date to be notified by the Government, the colleges or institutions referred to in sub-section (4) shall be disaffiliated from the University to which they were affiliated on the date immediately preceding the notified date and shall be transferred to, and maintained by, the University as its constituent colleges or institutions and the provisions of this Act shall apply accordingly.

34. (1) Notwithstanding anything contained in this Act, the statutes, ordinances or regulations, every student of the College of Engineering, Guindy, Madras and of every institution specified in Schedule I who immediately before the appointed day was studying in that College of Engineering, Guindy, Madras or institution or was eligible for any examination held or conducted by the University of Madras or the Madras Institute of Technology as the case may be, shall be permitted to complete his course of study or be admitted to the examination of the University and the University shall make arrangements -

1. (a) for the instruction, teaching, training and holding examination for such students for such period and in such manner as may be determined by the first Vice-Chancellor in accordance with the course of study in the University of Madras or the Madras Institute of Technology, as the case may be ; and
2. (b) for the conferment of the corresponding degree, diploma or other academic distinctions of the University upon the qualified student on the result of such examination. [(2) Notwithstanding anything contained in sub-section (1) or any other provisions of this Act, every person who, immediately before the appointed day, was a student of-
   • (i) the College of Engineering, Guindy, Madras or of any of the institutions specified in item (I) of Schedule I ; or
   • (ii) the M.E. or M.Sc., (Applied Mathematics) Courses of the Madras Institute of Technology, shall be admitted to the examinations held or conducted by the University of Madras and the corresponding degree, diploma or other academic distinctions of the University of Madras shall be conferred upon the qualified students on the result of such examination, by the University of Madras.].

35. The compensation payable by the University to the University of Madras in respect of the properties, assets and rights belonging to the University of Madras and vested in the University under sub-section (2) of section 33 shall be such, as may be agreed upon between the University and the University of Madras: Provided that where no such agreement is reached within the period of three years from the appointed day, the Government may, after giving an opportunity to the University of Madras and the University for making their representations in that behalf, determine the compensation payable to the University of Madras and the compensation so determined shall be final and binding on the University of Madras and the University.

1. (1) Every person who, immediately before the appointed day, is serving in, (a) the Madras Institute of Technology, Chromepet, Madras; and
   • (b) the Departments of the University of Madras specified in item I of Schedule I shall, as from the said date, become an employee of the l[Anna University] and shall cease to be an employee of the Madras Institute of Technology or the University of Madras, as the case may be.
2. (2) (a) As soon as may be, after the appointed day, the Government may, after consulting the Vice-Chancellor, direct by general or special order that, (i) such of the employees of the Government who immediately before the appointed day were serving in the College of Engineering, Guindy, Madras; and
   • (ii) such of the employees of the Government in the department of Technical Education, who immediately before the appointed day, were liable on orders of transfer issued by the competent authority under the rules then existing for such transfers to serve in the College of Engineering, Guindy, Madras, as are specified in such order shall stand allotted to serve in connection with the affairs of the l[Anna University] with effect from such date as may be specified in such order: Provided that no such order shall be issued in respect of any such employee without his consent for such allotment.
   • (b) An order may be issued under clause (a) of this sub-section so as to have retrospective effect on and from a date not earlier than the 4th September 1978.
   • (c) With effect from the date specified in the order under clause (a) of this sub-section, the persons specified in such order shall become employees of the l[Anna University] and shall cease to be employees of the Government.
3. (3) Every person referred to in sub-section (1) or sub-section (2), shall hold office under the l[Anna University] by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges, as to pension or gratuity, if any, and other matters as he would have held the same on the appointed day or the date specified in the order under sub-section (2), as the case may be, as if this Act had not been passed.
4. (4) (a) Where the l[Anna University] is satisfied that, for the purpose of securing uniformity in the terms and conditions of service applicable to officers, teachers and other persons employed in the said University, it is necessary so to do or that, in the interest of the said University, a revision of the terms and conditions of service applicable to officers, teachers or other persons employed in the said University is called for, the l[Anna University] may, notwithstanding anything contained in sub-section (3), or in any other law for the time being in force, or in any agreement or contract for the time being in force alter the terms and conditions of service to such extent and in such manner as it may think fit: Provided that the remuneration and other terms and conditions of service of any such officer, teacher or other person employed in the l[Anna University] shall not be varied by the said University to his disadvantage.
   • (b) If any alteration of the terms and conditions of service made under clause (a) of this sub-section is not acceptable to any officer, teacher or other person employed in the l[Anna University] the said University may, unless otherwise the contract of service of such officer, teacher or other person employed in the University provides for a shorter notice of termination, terminate his employment by giving him compensation equivalent to three months' remuneration.
   • (c) The compensation payable to any officer, teacher or person employed in the l[Anna University], under clause (b) of this sub-section shall be in addition to, and shall not affect any pension, gratuity, provident fund or insurance or any other benefit to which the officer, teacher or other person employed in the said University is entitled under his contract of service.]

The sums at the credit of the provident fund accounts of l[the employees referred to in sub-sections (1) and (2) of section 36 as on the dates of their becoming employees of the University] shall be transferred to the University and the liability in respect of the said provident fund, pension, gratuity and family benefit accounts of such employees shall be the liability of the University.

1. (1) The University of Madras shall, out of its funds as on the appointed day, pay to the University such amount as the Government may, in consultation with the University of Madras, specify.
2. (2) The amount payable under sub-section (1) shall be in addition to the amounts transferred under section 37.