The Tamil Nadu University Laws (Amendment and Repeal) Act, 2011

THE TAMIL NADU UNIVERSITY LAWS (AMENDMENT AND REPEAL) ACT, 2011 ACT NO.20 OF 2011

(1) This Act may be called the Tamil Nadu University Laws (Amendment and Repeal) Act, 2011. (2) It shall come into force on such date as the State Government may, by notification, appoint.

After section 1 of the Anna University Act, 1978 (hereinafter referred to as the principal Act), the following section shall be inserted, namely:— “1-A. Application of this Act.— This Act applies to— (a) all constituent colleges; (b) all colleges and institutions deemed to be affiliated to, or approved by, the University under this Act; (c) all colleges and institutions situated within the University area and affiliated to, or approved by, the University in accordance with the provisions of this Act or the statutes, ordinances and regulations made thereunder.”.

In section 2 of the principal Act,— (1) for clauses (a), (b), (c) and (d), the following clauses shall be substituted, namely:- “(a) “affiliated college” means any college or institution situate within the University area and affiliated to the University and providing courses of study in engineering, technology and allied sciences for admission to the examinations for degrees, diplomas and other academic distinctions of the University and includes a college deemed to be affiliated to the University under this Act and includes an autonomous college; (aa) “appointed day” means such date as the Government may, by notification, appoint under sub-section (2) of section 1; (ab) “approved college” means any college situate within the University area and approved by the University and providing courses of study for admission to the examinations for titles and diplomas of the University and includes a college deemed to be approved by the University under this Act; (ac) “autonomous college” means any college designated as an autonomous college by or under the statutes; (ad) “Chairman” means the head of the faculty; (ae) “college” means a college or institution established or maintained by or affiliated to the University and providing any course of study or training in engineering, technology and allied sciences for admission to the examination for degrees, diplomas and other academic distinctions of the University; (b) “constituent college” means every college and institution specified in Schedule I and includes a college established or maintained by the University for providing any course of study or training in engineering, technology and allied sciences for admission to the examination for degrees, diplomas or other academic distinctions; (c) “Dean” means the head of the constituent college; (d) “Director” means the head of research and development or the head of every centre of Advanced Study, as may be prescribed;”; (2) after clause (h), the following clause shall be inserted, namely:— “(ha) 'Principal' means the head of an affiliated college;”; (3) after clause (I), the following clause shall be added, namely:— “(m) “University area” means the whole of the State of Tamil Nadu excluding Annamalai Nagar as defined in clause (a) of section 2 of the Annamalai University Act, 1928 (Tamil Nadu Act I of 1929).”.

In section 3 of the principal Act, sub-sections (3) and (4) shall be omitted.

In section 5 of the principal Act, after clause (ab), the following clauses shall be added, namely:— “(ac) to affiliate colleges to the University under conditions prescribed and to withdraw such affiliation: Provided that no college shall be affiliated to the University unless the permission of the Government to establish such college has been obtained and the terms and conditions, if any, of such permission have been complied with; (ad) to approve institutions providing training for admission to the examinations for degrees, diplomas and other academic distinctions of the University under conditions prescribed and to withdraw such approval: Provided that no institution shall be approved by the University unless the permission of the Government to establish such institution has been obtained and the terms and conditions, if any, of such permission have been complied with; (ae) to designate any college as an autonomous college with the prior concurrence of the Government under conditions prescribed and to cancel such designation; (af) to conduct evaluation or inspection of the colleges at required interval and to take suitable action as prescribed to improve academic excellence of the colleges; (ag) to monitor academically and administratively the affiliated colleges in order to prescribe the control mechanism to achieve academic excellence; (ah) to establish and maintain such Regional offices as may be determined by the University, from time to time; (ai) to confer such powers and duties on Regional offices as may be decided by the University.”

After section 5 of the principal Act, the following section shall be inserted, namely:— “5-A. Colleges not to be affiliated to any other University.— No college within the University area shall be affiliated to any University other than the Anna University.”

In section 8 of the principal Act,— (1) for clause (5), the following clause shall be substituted, namely :— “(5) The Chairmen of Faculties;”; (2) in clause (7), the word “and” shall be omitted; (3) after clause (7), the following clause shall be inserted, namely:— “(7-A) The Controller of Examinations; and”.

In section 11 of the principal Act, for sub-sections (3), (4) and (4-A), the following subsections shall be substituted, namely:— “(3) The Vice-Chancellor shall 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 month's notice, resign his office: Provided further that a person appointed as Vice-Chancellor shall retire from office if, during the term of his office, he completes the age of sixty-five years. (4) 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 arrangements for exercising the powers and performing the duties of the Vice-Chancellor. (4-A) The Vice-Chancellor shall not be removed from his office except by an order of the Chancellor passed on the ground of willful 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 ordered by them under sub-section (4-B). (4-B) For the purposes of holding an inquiry under section (4-A), 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 report advise the Chancellor. The Chancellor shall Act in accordance with such advice, as far as may be, in any case within three months.”

In section 13 of the principal Act,— “(1) in the marginal heading, for the expression “Directors”, the expression “Chairmen” shall be substituted; (2) for the expression “Director”, the expression “Chairman of a Faculty” shall be substituted.”

After section 15 of the principal Act, the following section shall be inserted, namely:— “15-A. The Controller of Examinations.-(1) The Controller of Examinations shall be an academician in the field of engineering, technology and allied sciences and a whole time officer of the University appointed by the Syndicate on such terms and conditions as may be fixed by the Syndicate. (2) The Controller of Examinations 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 appointed as Controller of Examinations shall hold office on attaining the age of superannuation. (3) The Controller of Examinations shall exercise such powers and perform such functions and discharge such duties as may be prescribed in the statutes.”.

In section 17 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:— "(2) The Syndicate shall, in addition to the Vice-Chancellor, consist of the following members, namely:— Class I - Ex-officio Members. (a) The Secretary to Government, in-charge of Higher Education; (b) The Secretary to Government, in-charge of Industries; (c) The Secretary to Government, in-charge of Information Technology; (d) The Secretary to Government, in-charge of Law; and (e) The Director of Technical Education. Class II - Other Members (a) One member from among the Chairmen of the Faculties nominated by the Chancellor on the recommendation of the Vice-Chancellor; (b) One member from among the Professors and Head of the Departments of the Government engineering colleges, nominated by the Chancellor, on the recommendation of the Vice-Chancellor; (c) One member representing Industries, Public and Private Sectors nominated by the Government; (d) One member representing Research Institutions having special knowledge and practical experience in Industry and Commerce, nominated by the Government; (e) Two members from among the principals of the affiliated colleges nominated by the Government; (f) Two members from the management of the affiliated engineering colleges (aided and self-financing), nominated by the Government; and (g) One member elected by the Members of the Legislative Assembly of the State from among themselves."

In section 19 of the principal Act, in sub-section (2), for the expression “Dean”, the expression “Chairman” shall be substituted.

In section 29 of the principal Act,— (1) in clause (x), the following expression shall be added at the end, namely:— “and affiliated colleges or institutions;”; (2) after clause (xvi), the following clauses shall be inserted, namely:— “(xvi-a) the conditions of affiliation of colleges to the University; (xvi-b) the manner in which, and the conditions subject to which, a college may be designated as an autonomous college or the designation of such college may be cancelled and matters incidental to the administration of autonomous colleges including the constitution or reconstitution, powers and duties of Standing Committee on Academic Affairs, Staff Council, Boards of Studies and Boards of Examiners.”

In section 31 of the principal Act, in sub-section (1), for clause (i), the following clause shall be substituted, namely:— “(i) The admission of the students to the University and its constituent colleges and monitoring the admission of the students in the affiliated colleges;”

After Chapter VII of the principal Act, the following Chapter shall be inserted, namely:— CHAPTER VIII. REPEAL OF CERTAIN UNIVERSITY LAWS AND TRANSFER OF CERTAIN COLLEGES 33. (1) Repeal of University Laws.— The Anna University of Technology, Tiruchirappalli Act, 2006 (Tamil Nadu Act 41 of 2006), the Anna University of Technology, Coimbatore Act, 2006 (Tamil Nadu Act 42 of 2006), the Anna University of Technology, Tirunelveli Act, 2007 (Tamil Nadu Act 28 of 2007), the Anna University of Technology, Chennai Act, 2010 (Tamil Nadu Act 26 of 2010) and the Anna University of Technology, Madurai Act, 2010 (Tamil Nadu Act 27 of 2010) (hereinafter in this section referred to as the University Acts) are hereby repealed. (2) Such repeal shall not affect— (a) the previous operation of the University Acts in respect of the areas to which the provisions of this Act extend; (b) any penalty, forfeiture or punishment incurred in respect of any offence committed against the University Acts; (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 University Laws (Amendment and Repeal) Act, 2011 had not been passed. (3) All statutes, ordinances and regulations made under this Act and in force on the date of commencement of the Tamil Nadu University Laws (Amendment and Repeal) Act, 2011 (hereinafter in this Chapter referred to as the notified date), shall come into force in the University area. (4) Every person who immediately before the notified date was a student of a college or institution within the University area affiliated to, or approved or maintained by the Anna University of Technology, Tiruchirappalli, Anna University of Technology, Coimbatore, Anna University of Technology, Tirunelveli, Anna University of Technology, Chennai and Anna University of Technology, Madurai or was eligible to appear for any of the examinations in engineering, technology and allied sciences of the said Universities shall be permitted to complete his course of study in the Anna University and the Anna 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 Anna University in accordance with the course of study in the Anna University and such students shall, during such period, be admitted to the examinations held or conducted by the Anna University and the corresponding degree, diploma or other academic distinctions of the Anna University shall be conferred upon the qualified students on the result of such examinations, by the Anna University. (5) All colleges within the University area which immediately before the notified date,— (a) continue to be affiliated to, or recognised by the Anna University of Technology, Tiruchirappalli, Anna University of Technology, Coimbatore, Anna University of Technology, Tirunelveli, Anna University of Technology, Chennai and Anna University of Technology, Madurai, and (b) provide courses of study for admission to the examination for degrees, diplomas or other academic distinctions of the Anna University of Technology, Tiruchirappalli, Anna University of Technology, Coimbatore, Anna University of Technology, Tirunelveli, Anna University of Technology, Chennai and Anna University of Technology, Madurai, shall be deemed to be colleges affiliated to the Anna University under this Act and the provisions of this Act, shall, as far as may, apply accordingly. (6) All colleges within the University area which immediately before the notified date continue to be approved by the Anna University of Technology, Tiruchirappalli, Anna University of Technology, Coimbatore, Anna University of Technology, Tirunelveli, Anna University of Technology, Chennai and Anna University of Technology, Madurai and providing courses of study for admission to the examinations of the said Universities, for titles and diplomas, shall be deemed to be colleges approved by the Anna University under this Act, and the provisions of this Act shall, as far as may, apply accordingly. (7) All hostels within the University area which continue to be maintained or recognised by the Anna University of Technology, Tiruchirappalli, Anna University of Technology, Coimbatore, Anna University of Technology, Tirunelveli, Anna University of Technology, Chennai and Anna University of Technology, Madurai immediately before the notified date shall be deemed to be hostels maintained or recognised by the Anna University under this Act and the provisions of this Act shall, as far as may, apply accordingly. (8) On and from the notified date,— (a) all constituent colleges of the Anna University of Technology, Tiruchirapalli, Anna University of Technology, Coimbatore, Anna University of Technology, Tirunelveli, Anna University of Technology, Chennai and Anna University of Technology, Madurai, shall cease to be constituent colleges of the respective Universities and shall be transferred to, and maintained by, the Anna University as the constituent colleges of that University. (b) all properties, assets and liabilities of the Anna University of Technology, Tiruchirappalli, Anna University of Technology, Coimbatore, Anna University of Technology, Tirunelveli, Anna University of Technology, Chennai and Anna University of Technology, Madurai and of their constituent colleges shall stand transferred to, and vest in, the Anna University; (9) (a) Every person who, immediately before the notified date is serving in the Anna University of Technology, Tiruchirappalli, Anna University of Technology, Coimbatore, Anna University of Technology, Tirunelveli, Anna University of Technology, Chennai and Anna University of Technology, Madurai or in any of the constituent colleges of that Universities shall cease to be an employee of that Universities, or of the constituents colleges, as the case may be; (b) As soon as may be, after the notified date, the Government may, after consulting the Vice-Chancellors of the Universities in the State and such other authorities, as they deem fit, direct, by general or special order, that the employees referred to in clause (a), as specified in such order, shall stand allotted to serve in connection with the affairs of an University or an educational institution or a Government department, with effect on and from the date, as may be specified in such order. (10) Subject to the provisions of sub-section (2) but without prejudice to the provisions of sub-sections (3) to (9), anything done or any action taken before the notified date under any provisions of the University Acts in respect of any area 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 effect accordingly unless and until superseded by anything done or any action taken under the corresponding provisions of this Act. 34. Transfer of accumulations in provident fund and other like funds.— (1) The sums at the credit of the provident fund accounts of the persons referred to in clause (b) of sub-section (9) of section 33 as on the date specified in the order under clause (b) of sub-section (9) of section 33 shall be transferred to the University or the educational institution or the

If any difficulty arises in giving effect to the provisions of this Act, the Government may, by an order published in the Tamil Nadu Government Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to them to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of publication of this Act in the Tamil Nadu Government Gazette.

1. (2) Such repeal shall not affect—
   • (a) the previous operation of the University Acts in respect of the areas to which the provisions of this Act extend;
   • (b) any penalty, forfeiture or punishment incurred in respect of any offence committed against the University Acts;
   • (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 University Laws (Amendment and Repeal) Act, 2011 had not been passed.
2. (3) All statutes, ordinances and regulations made under this Act and in force on the date of commencement of the Tamil Nadu University Laws (Amendment and Repeal) Act, 2011 (hereinafter in this Chapter referred to as the notified date), shall come into force in the University area.
3. (4) Every person who immediately before the notified date was a student of a college or institution within the University area affiliated to, or approved or maintained by the Anna University of Technology, Tiruchirappalli, Anna University of Technology, Coimbatore, Anna University of Technology, Tirunelveli, Anna University of Technology, Chennai and Anna University of Technology, Madurai or was eligible to appear for any of the examinations in engineering, technology and allied sciences of the said Universities shall be permitted to complete his course of study in the Anna University and the Anna 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 Anna University in accordance with the course of study in the Anna University and such students shall, during such period, be admitted to the examinations held or conducted by the Anna University and the corresponding degree, diploma or other academic distinctions of the Anna University shall be conferred upon the qualified students on the result of such examinations, by the Anna University.
4. (5) All colleges within the University area which immediately before the notified date,—
   • (a) continue to be affiliated to, or recognised by the Anna University of Technology, Tiruchirappalli, Anna University of Technology, Coimbatore, Anna University of Technology, Tirunelveli, Anna University of Technology, Chennai and Anna University of Technology, Madurai, and
   • (b) provide courses of study for admission to the examination for degrees, diplomas or other academic distinctions of the Anna University of Technology, Tiruchirappalli, Anna University of Technology, Coimbatore, Anna University of Technology, Tirunelveli, Anna University of Technology, Chennai and Anna University of Technology, Madurai, shall be deemed to be colleges affiliated to the Anna University under this Act and the provisions of this Act, shall, as far as may, apply accordingly.
5. (6) All colleges within the University area which immediately before the notified date continue to be approved by the Anna University of Technology, Tiruchirappalli, Anna University of Technology, Coimbatore, Anna University of Technology, Tirunelveli, Anna University of Technology, Chennai and Anna University of Technology, Madurai and providing courses of study for admission to the examinations of the said Universities, for titles and diplomas, shall be deemed to be colleges approved by the Anna University under this Act, and the provisions of this Act shall, as far as may, apply accordingly.
6. (7) All hostels within the University area which continue to be maintained or recognised by the Anna University of Technology, Tiruchirappalli, Anna University of Technology, Coimbatore, Anna University of Technology, Tirunelveli, Anna University of Technology, Chennai and Anna University of Technology, Madurai immediately before the notified date shall be deemed to be hostels maintained or recognised by the Anna University under this Act and the provisions of this Act shall, as far as may, apply accordingly.
7. (8) On and from the notified date,(a) all constituent colleges of the Anna University of Technology, Tiruchirapalli, Anna University of Technology, Coimbatore, Anna University of Technology, Tirunelveli, Anna University of Technology, Chennai and Anna University of Technology, Madurai, shall cease to be constituent colleges of the respective Universities and shall be transferred to, and maintained by, the Anna University as the constituent colleges of that University.
   • (b) all properties, assets and liabilities of the Anna University of Technology, Tiruchirappalli, Anna University of Technology, Coimbatore, Anna University of Technology, Tirunelveli, Anna University of Technology, Chennai and Anna University of Technology, Madurai and of their constituent colleges shall stand transferred to, and vest in, the Anna University;
8. (9) (a) Every person who, immediately before the notified date is serving in the Anna University of Technology, Tiruchirappalli, Anna University of Technology, Coimbatore, Anna University of Technology, Tirunelveli, Anna University of Technology, Chennai and Anna University of Technology, Madurai or in any of the constituent colleges of that Universities shall cease to be an employee of that Universities, or of the constituents colleges, as the case may be;
   • (b) As soon as may be, after the notified date, the Government may, after consulting the Vice-Chancellors of the Universities in the State and such other authorities, as they deem fit, direct, by general or special order, that the employees referred to in clause (a), as specified in such order, shall stand allotted to serve in connection with the affairs of an University or an educational institution or a Government department, with effect on and from the date, as may be specified in such order.
9. (10) Subject to the provisions of sub-section (2) but without prejudice to the provisions of sub-sections (3) to (9), anything done or any action taken before the notified date under any provisions of the University Acts in respect of any area 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 effect accordingly unless and until superseded by anything done or any action taken under the corresponding provisions of this Act.

(1) The sums at the credit of the provident fund accounts of the persons referred to in clause (b) of sub-section (9) of section 33 as on the date specified in the order under clause (b) of sub-section (9) of section 33 shall be transferred to the University or the educational institution or the