Bare Act
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1. Short title and commencement
(1) This Act may be called the Tamil University Act, 1982, (2) This section and sections 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 17, 35, 43, 44, 45 and 49 shall be deemed to have come into force on the 15th gay of September 1981 and the rest of this Act shall come into force on such date as the Government may, by notification, appoint.
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2. Definitions
In this Act, unless the context-otherwise requires, -- (a) "Government" means the State Government; (b) "hostel" means a unit of residence for the students of the University maintained or recognised by the University in accordance with the provisions of this Act and includes a hostel recognised as such by the University under this Act; (c) "notified date" means the date specified in the notification issued under sub-section (2) of section 1; (d) "prescribed" means prescribed by this Act. or the statutes: (e) "statutes" means the statutes of the University made under this Act; (f) "teachers" means Professors, Readers, Lecturers and other like persons as may be declared by the statutes to be teachers; (g) "University" means the Tamil University established under section 3.; (h) "University Grants Commission" means the Commission established under section 4 of the University Grants Commission Act, 1956 (Central Act 3 of 1956); (i) "University library" means a library maintained by the University, whether instituted by it or not.
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3. Establishment of the University
(1) For furthering the advancement of learning and prosecution of research in Tamil there shall be established a University by the name "The Tamil University" (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 University shall be of the unitary type. (4) The University may establish or recognise institutions or centres in Tamil Nadu or in other States or in other Countries for the purpose of furthering the objects of the University, with the prior approval of the Government concerned and the University concerned. (5) The headquarters of the University shall be located within the limits of the Thanjavur Municipality or in any place within a radius of twenty-five kilometers around those limits.
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4. The objects of the University
The University shall have the following objects, namely:- (1) to function as a high-level research centre in Tamil language and literature; (2) to impart training to those residing within and beyond India who desire to study Tamil Language and literature (3) to facilitate and regulate advanced study and research in fields like Art, Culture, Music, Stage plays, Painting, Sculpture, Architecture, Literature, Grammar, Linguistics, History, Religion, Philosophy, Geography, Soil Sciences, Astronomy, Navigation and Shipping, Astrology, Siddha Medicine, Engineering Sciences and Handicrafts that have developed on the basis of the Tamil language and literature; (4) to translate books in other languages into Tamil according to the needs in consonance with the objectives of the University and also to translate books in Tamil into other languages; (5) to preserve and publish palm-leaf manuscripts and rare ancient books; (6) to search for and compile epigraphs relating to Tamil language and literature, Tamil Culture and History of the Tamils and publish them with its findings based on research; (7) to compile. and publish Tamil words,. expressions, colloquial terms, words peculiar to Industries and Agriculture, which are used by the Tamils in Tamil Nadu and .in other parts of India and in other countries where the Tamils live; (8) to provide for research in Tamil language and literature in the ancient times with an eye on future scientific developments; (9) to provide for research and determine the procedures regarding development of Tamil language and literature embodying in itself all the educational fields existing in the developing world and evolving suitable approach therefore; (10) to institute studies in Tamil language and literature in relation to other Indian Cultures; and (11) to organise advanced studies and research programmes, based on a deep understanding of the trends in Tamil language and literature.
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5. Admission to the University
(1) The University shall, subject to the provisions of this Act and the statutes, be open to all persons irrespective of their religion, race, caste, sex, place of birth or any of them. (2) Nothing contained in sub-section (1) shall require the University, -- (a) to admit to any course of study any person who does not possess the prescribed academic qualification or standard; (b) to retain on the rolls of the University any student whose academic record is below the minimum standard required for the award of a degree, title, diploma or other academic distinction; or (c) to admit any person or retain any student whose conduct is prejudicial to the interests of the University or the rights and privileges of other students and teachers.
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6. Disqualification for membership
(1) No person shall be qualified for election or nomination as a member of any of the authorities of the University if, on the date of such election or nomination, he is -- (a) of unsound mind, deaf-mute or suffering from leprosy, or (b) an applicant to be adjudicated as insolvent or an undercharged insolvent, or (c) sentenced by a criminal court to imprisonment for any offence involving moral turpitude. (2) In case of dispute or doubt as to whether a person is disqualified under sub-section (1), the Syndicate .shall refer such case to the Chancellor whose decision shall be final.
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7. Disqualification for election or nomination to Senate and Syndicate in certain cases
(1) Notwithstanding anything contained in section 18 or 21 no person who has held office as a member for a total period of six years in anyone or both of the following authorities namely:- (1) No person shall be qualified for election or nomination as a member of any of the authorities of the University if he has been convicted by a court of law of any offence involving moral turpitude or if he is a deaf-mute or if he has been adjudged as an insolvent.
(2) No person shall be eligible for election or nomination to any of the said two authorities: (i) the Senate, and (ii) the Syndicate
shall be eligible for election or nomination to any of the said two authorities.
Explanation I - For the purpose of this sub-section, the expression "period" shall include the period of office held by any person prior to. the date of the publication of the Tamil Nadu Universities Laws (Second Amendment) Act 1991, in the Tamil Nadu Government Gazette.
Explanation II -For the purpose of computing the total period of six years referred to in this sub-section, the period of three years during which a person held office in one authority either by election or by nomination and the period of three years during which he held office in another authority either by election or by nomination shall be taken into account and accordingly such person shall not be eligible for election or nomination to anyone of the said two authorities: Provided that for the purpose of this sub-section, a person who has held office for a period not less than one year in anyone of the said two authorities in-a casual vacancy shall be deemed to have held office for a period of three years in that authority. Provided further that for the purpose of this sub section, if a person was elected or nominated to one authority and such person became a member of another authority by virtue of the membership in the first mentioned authority, the period for which he held office in the first mentioned authority alone shall be taken into account.
(2) Nothing in sub-section (1) shall have application in respect of -- (i) ex-officio members referred to in section 18(a), Class I but not including members of the Syndicate who are not otherwise members of the Senate referred to in item (9): and (ii) ex-officio members referred to in section 21 (b), Class I.
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8. Visitation
(1) The Chancellor shall have the right to cause an inspection or inquiry to be made, by such person or persons as he may direct of the University, its buildings, University libraries, museums and equipments, and of any institutions maintained or recognised by the University and also of the research, 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 Chancellor shall in every case give notice to the University of his intention to cause such inspection or inquiry to be made and the University shall be entitled to be represented thereat.
(2) The Chancellor shall communicate to the Syndicate his views with reference to the results of such inspection or inquiry and may after ascertaining the opinion of the Syndicate thereon. Advice the University upon the action to be taken and fix a time limit for taking such action.
(3) The Syndicate shall report to the Chancellor the action, If any, which IS proposed to be taken. or has been taken upon the results of such inspection or inquiry. Such report shall be submitted within such time as the Chancellor may direct.
(4) Where the Syndicate does not take action to the satisfaction of the Chancellor, within the time limit as may be fixed under sub-section (2), the Chancellor after considering any explanation furnished representation made by the Syndicate, issue such direction as he may think fit and the Syndicate shall comply with such directions. In the event of the Syndicate not complying with such directions within such time as may be fixed in that behalf by the Chancellor, have power to appoint any person or body to comply with such directions and make such orders as may be necessary for the thereof.
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9. Officers of the University
1) The Chancellor 2) The Pro Chancellor 3) The Vice Chancellor 4) The Dean of the Faculties 5) The Registrar 6) The Finance Officer. and 7) Such the persons as may be declared by the statutes to be officers of the University
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10. The Chancellor
(1) The Governor of Tamil Nadu shall be the Chancellor of the University. He shall, by virtue of his office, be the bead of the University and shall, when present, preside at any convocation of the University and confer degrees, titles, 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 of his own motion or on application call for and examine the record of any officer or authority of the University in respect of any proceeding to satisfy himself as to the regularity of such proceeding 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 for the reason that such decision or order is not in conformity with the provisions of this Act or the statutes, he may pass order 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, directions or order to which application relate 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 Chanceellor shall exercise such other powers and perform such other duties as may be conferred on him by or under this Act
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11. The Pro-Chancellor
(1) The Minister in charge of the portfolio of Education in the State of Tamil Nadu shall be the Pro-Chancellor of the University.
(2) Omitted.
(3) The Pro-Chancellor shall exercises such powers and perform such duties as may be conferred on him by or under this Act
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12. The Vice Chancellor
(1)(a) 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.
(1)(b) 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.
(2) For the purpose of sub-section (1), the Committee shall consist of five persons of whom one shall be nominated by the Chancellor, one shall be nominated by the Government, one shall be nominated by the Senate and two shall be nominated by the Syndicate: Provided that, -- (a) the person so nominated shall not be a member of any of the authorities of the University;- (b) the person so nominated by the Chancellor shall convene the meetings of the Committee.
(3) The Vice-Chancellor 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 shall hold office of the Vice- Chancellor for more than six years in the aggregate: Provided further that,-- (a) the Chancellor may direct that a Vice-Chancellor, whose term of office has expired, shall continue in office for such period, not exceeding a total period of one year, as may be specified in the direction; (b) the Vice-Chancellor may, by writing under his hand addressed to the Chancellor and after giving two months notice, resign his office: Provided also 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.
(4) When any temporary vacancy occurs in the office of the Vice-Chancellor or when the Vice-Chancellor is, by reason of 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, with the approval of the Chancellor, makes the requisite arrangements for exercising the powers and performing the duties of the Vice-Chancellor.
(5) The Vice-Chancellor shall be whole-time officer of the University and his emoluments and other terms and conditions of service shall be as follows:-. (I) There shall be paid to the Vice-Chancellor a salary of three thousand rupees per mensem 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. (ii) 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, - (a) the University; or (b) any other University or college or institution maintained by, or appointed 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; (iii) The Vice-Chancellor shall be entitled to travelling allowances at such rates as may be fixed by the Syndicate; (iv) The Vice-Chancellor shall be entitled to earned leave on full pay at one-eleventh of the period 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 himself 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 relinguishment of his office in respect of earned leave at his credit subject to a maximum of one hundred and eighty days, (v) The Vice-Chancellor shall be entitled on medical grounds or otherwise, to leave without pay for a ~nod 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(iv).
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13. Powers and duties of the 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, titles, diploma or other academic distinctions upon persons entitled to receive them. He shall be a member, ex-officio and Chairman of the Senate, the Syndicate 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 provision of this Act, and the statutes 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 Syndicate 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 shall be entitled to prefer an appeal to the Syndicate 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 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. (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.
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14. The Registrar
(1) The Registrar shall be a whole time salaried officer of the University appointed by the Syndicate and the terms and conditions of service of the Registrar shall be as follows:- (a) The holder of the post of Registrar shall be an academician not lower in rank that that of Professor of a college affiliated to any University; (b) The Registrar shall hold office for a period of three years: Provided that the Registrar shall retire on attaining the age of fifty-eight years 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 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 in regard to 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 punishment 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 recommendation: Provided that no 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 Secretary of the Senate, the Syndicate, 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 notice convening meetings of the Senate, the Syndicate, the Faculties, the Board of Studies and of any Committee appointed by the authorities of the University; (c) to keep the minutes of all the proceedings of the meeting of the Senate, Syndicate, 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 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 as may be required, from time to time, by the Syndicate or the Vice-Chancellor. (5) 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.
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15. The Finance Officer
(1) The Finance Officer shall be a whole-time salaried officer of the University appointed by the Syndicate for such period as may be specified by the Syndicate in this behalf. (2) Every appointment of the Finance Officer shall be made by the Syndicate from out of a panel of three names recommended by the Government. (3) The emoluments and other terms and conditions of service of the Finance Officer shall be such as may be prescribed. The Finance Officer shall retire on attaining the age of fifty-eight years or on the expiry of the period specified by the Syndicate under sub-section (1) whichever is earlier: Provided that the Finance Officer shall, notwithstanding his attaining the age of fifty-eight years, continue in office until his successor is appointed and enters upon his office or until the expiry of a period of one year, whichever is earlier. (4) When the office of the Finance Officer is vacant or when the Finance Officer is by reason of illness, absence or 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 of 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 investments of the University including trust and endowed property; (b) ensure that the limits 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 estimate and the budget of the University and for their presentation to the Syndicate; (d) to keep a constant watch on the cash and bank balances 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, land, furniture and equipment are maintained up-to-date, and that stock-checking is conducted of equipments and other consumable materials in all offices and other places 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 persons at fault; and (h) call from any office or other place 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 sufficient discharge for payment of such money.
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16. Authorities of the University
The authorities of the University shall be the Senate, the Syndicate, the Faculties, the Finance Committee, the Planning Board, the Boards of Studies and such other authorities as may be declared by the statutes to be authorities of the University.
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17. Vice-Chancellor and other officers, etc., to be public servants
The Vice-Chancellor, the Registrar, the Finance Officer 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 XLV of 1860).
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