MOTHER TERESA WOMEN'S UNIVERSITY, KODAIKANAL

ACT Mother Teresa Women’s University KODAIKANAL. MOTHER TERESA WOMEN’S UNIVERSITY KODAIKANAL I. TAMILNADU ACT NO.15 OF 1984 (An Act to provide for the establishment Pages: 1-73 and incorporation of Women’s University in Tamil Nadu) II. TAMILNADU ACT NO.20 OF 2002 (An act further to amend the Mother Pages: 74-96 Teresa Women’s University Act,1984) III. AMENDMENTS TO THE MOTHER TERESA WOMEN’S UNIVERSITY (AMENDMENT) ACT 2002 Pages: 97 - 101 (Amendment of Section 16 : Tamil Nadu Act 30 of 2002) GOVERNMENT OF TAMIL NADU 1984 [Printed under the authority of the Governor of Tamil Nadu by the Director of Stationery and Printing, Madras] ------------ GOVERNMENT OF TAMIL NADU LAW DEPARTMENT ------------- TAMIL NADU ACT NO. 15 OF 1984 Received the assent of the Governor on the 20th March 1984, first published in the Tamil Nadu Government Gazette Extraordinary on the 21st March 1984. THE MOTHER TERESA WOMEN’S UNIVERSITY ACT, 1984 ARRANGEMENTS OF SECTIONS. CHAPTER I PRELIMINARY Sections: 1. Short title and commencement 2. Definitions i CHAPTER II THE UNIVERSITY 3. Establishment of a University. 4. The object and powers of the University. 5. Admission to the University. 6. Disqualification for membership. 7. Disqualification for nomination to the Academic Committee and Executive Council in certain cases. 8. Visitation. 9. Officers of the University. 10. The Chancellor. 11. The Pro-Chancellor. 12. The Vice-Chancellor 13. Powers and duties of the Vice-Chancellor. 14. The Registrar. 15. The Finance Officer. 16. Authorities of the University. 17. The Planning Board. 18. Vice-Chancellor and other officers, etc., to be public servants. 19. Woman only to be appointed as officer, etc. ii CHAPTER III THE EXECUTIVE COMMITTEE 20. The Academic Committee. 21. Academic Committee to review the broad policies and programmes of the University. 22. Meetings of the Academic Committee. CHAPTER IV THE EXECUTIVE COUNCIL 23. The Executive Council. 24. Powers of the Executive Council. 25. Meetings of the Executive Council. 26. Annual Report. 27. Annual Accounts. CHAPTER V THE FACULTIES, THE DEPARTMENTS OF STUDIES, THE FINANCE COMMITTEE AND OTHER AUTHORITIES. 28. Constitution and functions of Faculties. 29. The Department of Studies. 30. Constitution of other authorities. 31. Finance Committee. iii CHAPTER VI STATUTES 32. Statutes. 33. Statutes, how made. CHAPTER VII UNIVERSITY FUNDS 34. General Funds. CHAPTER VIII CONDITIONS OF SERVICE 35. Pension, gratuity etc. 36. Conditions of Service 37. Terms and conditions of service of Heads of Departments. 38. Terms and conditions of service of Deans of Faculties. iv CHAPTER IX MISCELLANEOUS 39. Filling of casual vacancies. 40. Proceedings of the University authorities and bodies not invalidated by vacancies. 41. Removal from membership of the University. 42. Disputes as to constitution of University authorities and bodies. 43. Constitution of Committees. 44. Power to obtain information. 45. Appointment of the first Vice-Chancellor. 46. Appointment of the first Registrar. 47. Transitory powers of the first Vice-Chancellor. 48. The Librarian. 49. Special mode of appointment. 50. Power to amend the Schedule. 51. Power to remove difficulties. 52. Repeal and saving. THE SCHEDULE v TAMIL NADU ACT NO. 15 OF 1984 An Act to provide for the establishment and incorporation of Women’s University in Tamil Nadu. WHEREAS it is expedient that a University should be established exclusively for women for furthering the advancement of learning and prosecution of research in studies on Women’s Welfare and for purpose of providing consultancy and monitory services for Welfare schemes relating to women; AND WHEREAS it is desirable to establish a Women’s University of unitary type to develop research facilities in the studies relating to women in general, and in particular, studies relating to rural or destitute women and to institute degrees, titles, diploma and other academic distinctions for women and to do all such acts and things incidental to the objects referred to above; AND WHEREAS a decision has been taken to name the University as “The Mother Teresa Women’s University”; BE it enacted by the Legislature of the State of Tamil Nadu in the Thirty – fifth Year of the Republic of India as follows:- 1 CHAPTER I PRELIMINARY 1. Short title and commencement – (1) This Act may be called the Mother Teresa Women’s University Act, 1984. (2) This section and sections 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 37, 45, 46, 47, 50 and 51 shall be deemed to have come into force on the 30th January 1984, and the rest of this Act shall come into force on such date as the Government may, be notification, appoint. 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 student of the University maintained or recognized by the University in accordance with the provisions of this Act and includes a hostel recognized 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; 2 (d) “prescribed’ means prescribed by this Act or the statutes; (e) “statutes” means the statutes of the University mad under this Act; (f) “teachers” means Senior Fellows, Readers, Lecturers and other like persons as may be declared by the statutes to be teachers; (g) “University” means the Mother Teresa Women’s University established under section 3; (h) “University Grants Commission” means the Commission established under section 4 of the University Grants Commission Act, 1956 (i) “University library” means a library maintained by the University, whether instituted by it or not. ******* 3 CHAPTER II THE UNIVERSITY 3. Establishment of a University:- (1) For furthering the advancement of learning and prosecution of research in studies on Women’s Welfare and for purpose of providing consultancy and monitory service for any Welfare Scheme for women, there shall be established a University by the name “The Mother Teresa Women’s 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) No institution affiliated to, or associated with or maintained by any other University in the State, shall be recognized by the University for any purpose except with the prior approval of the Government and the concerned University. (5) The headquarters of the University shall be located within the limits of the Kodaikanal Panchayat Union. 4 4. The objects and powers of the University:- (1) The University shall have the following objects and powers, namely:- (1) to monitor women’s education at all levels in the State; (2) to offer consultancy services for the development of women’s education in the State; (3) to develop research facilities in the studies, relating to women in general and in particular, studies relating rural or destitute women; (4) to institute degrees, titles, diploma and other academic distinctions for women; (5) to confer degrees, titles, diploma and other academic distinctions on women who shall have carried out research in the University or in any other centre or institution recognized by the University under conditions prescribed. (6) To confer honorary degrees or other academic distinctions in the prescribed manner and under conditions prescribed; 5 (7) To supervise and control hostels and to regulate and enforce discipline among the students of the University and to make arrangements for promoting their health and general welfare; (8) To prescribe conditions under which the sward of any degree, title, diploma and other academic distinctions to women may be withheld; (9) to co-operate with any other University, authority or association or any public or private body having in view, the promotion of purpose and objects similar o those of the University for such purposes as may be agreed upon on such terms and conditions, as may, from time to time, be prescribed; (10) to establish and maintain University libraries, research stations and publication bureau; (11) to institute research posts and to appoint women to such posts; (12) to institute and award fellowship, including travelling fellowships, scholarships, medals and prizes in the manner prescribed; (13) to establish, maintain or recognize hostels, for students of the University and residential 6 accommodation for the staff of the University and to withdraw any such recognition; (14) to fix fees and to demand and receive such fees as may be prescribed; (15) to hold and manage endowments and other properties and funds of the University; (16) to borrow money with the approval of the Government on the security of the property of the University for the purposes of the University; (17) to organize advanced studies and research programmes by women; (18) to entire into agreement with other bodies or persons for the purpose of promoting the objectives of the University including the assuming of the management of any institution under them and the taking over of its rights and liabilities; and (19) to do all such acts and things, whether incidental to the objects and powers aforesaid, or not as may be necessary or desirable to further the objects of the University. 7 5. Admission to the University:- (1) The University shall, subject to the provisions of this Act and the statutes, be open to women only. (2) Nothing contained in sub-section (1) shall require the University (a) to admit to any course of study any woman 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 woman or retain any student whose conduct is prejudicial to the interests of the University or the rights and privileges of other students and teachers. 6. Disqualification for membership:- (1) No person shall be qualified for nomination as a member of any of the authorities of the University if, on the date of such nomination, she is - 8 (a) of unsound mind or deaf-mute or suffering from leprosy, (or) (b) an applicant to be adjudicated as an insolvent as an insolvent or an or undischarged insolvent, (or) (c) Sentenced by a criminal court to imprisonment for any offence involving moral turpitude. (2) In case of dispute or doubt the Executive Council shall determine whether a person is disqualified under sub-section (1) and its decision shall be final. 7. Disqualification for nomination to the Academic Committee and Executive Council in certain cases:- (1) Notwithstanding anything contained in section 20 or 23, no person who has held office as a member for a total period of six years in any one or both of the following authorities, namely:- (i) the Academic Committee ; and (ii) the Executive Council, shall be eligible for nomination to any of the said two authorities. Explanation:- For the purpose of computing the total period of six years referred to this sub-section, the period of three years during which a person held office in one authority and the period of three years during which such person held office in 9 another authority shall be taken into account and accordingly, such person shall not be eligible, for nomination to anyone of the said two authorities: Provided that for the purpose of this sub-section a person who had held office in any one 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 purposes of this sub-section if a person is nominated to one authority and such person becomes a member of another authority by virtue of the membership in the first mentioned authority, the period for which such person has held office in the first mentioned authority alone shall be taken into account. (2) Nothing in sub-section (1) shall have application in respect on – (i) Ex-officio members referred to in section 20 (a) – Class I, but not including members of the Executive Council who are not otherwise members of the Academic Committee referred to in item (7) thereof, and (ii) Ex-officio members referred to in section 23(b) – Class I 10 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, museum and equipment and of any institutions maintained or recognized 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 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 Executive Council his views with reference to the results of such inspection or inquiry and may after ascertaining the opinion of the Executive Council thereon advise the University upon the action to be taken and fix a time limit for taking such action. (3) The Executive Council 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 Executive Council does not take action to the satisfaction of the Chancellor, within the time limit as 11 may be fixed under sub-section (2) the Chancellor may, after considering any explanation furnished or representation made by the Executive Council, issue such directions as he may think fit and the Executive Council shall comply with such directions. In the event of the Executive Council, not complying with such directions within such time as may be fixed in that behalf by the Chancellor, the Chancellor shall have power to appoint any person or body to comply with such direction and make such orders as may be necessary for the expenses thereof. 9. Officers of the University:- (1) The University shall consist of the following officers, namely:- 1) The Chancellor; 2) The Pro-Chancellor; 3) The Vice-Chancellor; 4) The Registrar; 5) The Finance Officer; and 6) Such other persons as may be declared by the statutes to be officers of the University. 10. Officers of the University:- (1) The Governor of Tamil Nadu shall be the Chancellor of the University. He shall, by virtue of 12 his office, be the head of the University and shall when present, preside at any convocation of the University and confer degrees, titles, diploma or other academic distinctions upon person entitled to received them. (2) Where power is conferred upon the Chancellor to nominate persons to the authorities, the Chancellor shall, to the extent necessary, nominate women to represent interests no 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 proceedings or the correctness. Legality or propriety of any decision taken or order passed therein ; and it, in any case it appears to the Chancellor, that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, he may pass orders accordingly : Provided that every application to the Chancellor for the exercise of the powers under this section shall be preferred with three months from the date on which the proceeding, decision or order to which the application relates was communicated to the applicant: 13 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 by or under this Act. 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) In the absence of the Chancellor, or during the Chancellor’s inability to act, the Pro-Chancellor shall exercise all the powers and perform such other duties as may be conferred on him by or under this Act. 12. The Vice-Chancellor:- (1) Every appointment of the Vice- Chancellor shall be made by the Chancellor from out if 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. (2) For the purpose of sub-section (1), the Committee shall consist of three persons of whom 14 i) one shall be a serving principal of a Women’s College, who has put in not less than five years of service as principal either in a Government College or in a Private College, nominated by the Government; ii) one shall be an eminent women educationist nominated by the Academic Committee; and iii) one shall be an eminent women educationist nominated by the Executive Council: Provided that the woman so nominated to the Committee shall not be a member of any of the authorities of the University. (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, when term of office has expired, shall continue in office for 15 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 her hand addressed to the Chancellor and after giving two months notice resign her office: Provided that a woman appointed as Vice-Chancellor shall retire from office, if, during the term of her office or any extension thereof, she 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 absence of for any other reason, unable to exercise the powers and perform the duties of her office, the senior most Senior Fellow of the University shall exercise the powers and perform the duties of the Vice- Chancellor till the Executive Council makes the regular arrangements for exercising the powers and performing the duties of the Vice-Chancellor. (5) The Vice-Chancellor shall be a whole-time officer of the University and her emoluments and other terms and conditions of service shall be as follows: 16 (i) There shall be paid to the Vice-Chancellor a salary of three thousand rupees per mensem and she shall be entitled without payment of rent to the use of a furnished residence through out her 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 Executive Council 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 affiliated to that University is appointed as Vice-Chancellor, she shall be allowed to continue to contribute to the Provident Fund to which she is a subscriber, and the contribution of the University shall be limited to what she had been contributing immediately before her appointment as Vice-Chancellor; 17 (iii) The Vice-Chancellor shall be entitled to travelling allowances at such rates as may be fixed by the Executive Council; (iv) The Vice-Chancellor shall be entitled to earned leave on full pay at one-eleventh of the period spend by her 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 her office is refused by the Vice-Chancellor in the interest of the University and if she does not avail herself of the leave before the date of expiry of the term of her office, she shall be entitled to draw cash equivalent to leave salary, after relinquishment of her 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 period not exceeding three months during the term of her office: Provided that such leave may be converted into leave on full pay to the extent to which she is entitled to earned leave under clause (iv). 18 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. She shall be a member, ex-officio, and Chairman of the Academic Committee, the Executive 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 she 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 and the statutes are observed and carried out and she may exercise all powers necessary for this purpose. (3) The Vice-Chancellor shall have power to convene meetings of the Academic Committee, the Executive Council and Finance Committee. (4) (a) The Vice-Chancellor shall have power to take action on any matter and shall by order take such action as she 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;’ 19 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 against any person in the service of the University, such person shall be entitled to prefer an appeal to the Executive Council within thirty days from the date on which she has noticed of such action. The Vice- Chancellor shall give effect to the order passed by the Executive Council on such appeal. (5) The Vice-Chancellor shall give effect to the orders of the Executive Council 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. 14. The Registrar:- (1) The Registrar shall be a whole-time salaried officer of the University appointed by the Executive Council for such period as may be specified by the Executive 20 Council and the terms and conditions of service of the Registrar shall be such as are specified in the first statutes. (2) The Registrar shall exercise such powers and perform such duties as may be prescribed. (3) In all suits and other legal proceedings by or against the University, the pleadings shall be signed and verified by the Registrar and all process in such suits and proceedings shall be issued to, and served on, the Registrar. 15. The Finance Officer:- The Finance Officer shall be a whole- time salaried officer of the University appointed by the Government for such period as may be specified by the Government in this behalf and, the terms and conditions of service of the Finance Officer shall be such as are specified in the first statutes. 16. Authorities of the University:- The authorities of the University shall be the Academic Committee, the Executive Council, the Planning Board, the Departments of Studies, the Finance Committee and such other authorities as may be declared by the statutes to be authorities of the University. 21 17. The Planning Board:- (1) There shall be constituted a Planning Board of the University which shall advise generally on the Planning and Development of the University and keep under review the standard of education and research in the University. (2) The Constitution of the Planning Board and the manner of appointment of its members shall be such as are specified in the first statutes. 18. 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 of any of the provisions of this Act to be public servants with the meaning of section 21 of the Indian Penal Code (Central Act XLV of 1860). 19. Woman only to be appointed as officer, etc:- No person, other than a woman, shall be appointment as an officer of the University or to any posts in the University, a qualified person other than a woman, may be appointed as such officer or to such post, as the case may be. 22 CHAPTER III THE ACADEMIC COMMITTEE 20. The Academic Committee:- (a) The Academic Committee shall consist of the following persons, namely:- 1. The Chancellor ; 2. The Pro-Chancellor ; 3. The Vice-Chancellor ; 4. The Secretary to Government in-charge of Education ; 5. The Secretary to Government in-charge of Finance ; 6. The Secretary Go Government in-charge of Social Welfare; and 7. Members of the Executive Council who are not otherwise members of the Academic Committee. Class II – Other Members (1) The Vice-Chancellor of Shreemathi Nathibai Damodar Thackersey Women’s University, Bombay; (2) Ten women members of the teaching staff to be nominated by the Vice-Chancellor on the basis of 23 representation to the various departments and according to seniority, by rotation, as may be prescribed in the statutes ; (3) Ten women members to be nominated by the Chancellor from among distinguished educationists in the Sate of Tamil Nadu or in other States on the basis of recommendation of the Executive Council ; (4) Five eminent women to be nominated by the Government (5) (a) Four women members to be nominated by the Chancellor from among the members of the Voluntary Women’s Organisations as may be prescribed in the Statutes. (b) In case the Secretary to Government in-charge of Education, or Finance, or Social Welfare is unable to attend the meeting of the Academic Committee for any reason, he may depute any officer of his department not lower in rank than that of a Deputy Secretary to Government to attend the meeting. (c) Save as otherwise provided, nominated members of the Academic Committee shall hold officer for a period of three years and such members shall be 24 eligible for nomination for not more than another period of three years: Provided that where a member is nominated to the Academic Committee to a casual vacancy, the period of office held by any such member shall be construed as a full period of three years for the purpose of this clause ; Provided further that where a nominated member of the Academic Committee is appointed temporarily to any o the offices by virtue of which she is entitled to be a member of the Academic Committee, ex-officio, she shall, by notice in writing signed by her and communicated to the Vice- Chancellor within seven days from the date of her taking charge of her appointment, choose whether she will continue to be a member of the Academic Committee by virtue of her nomination or whether she will vacate office as such member and become a member ex-officio by virtue of her appointment and the choice shall be conclusive. On failure to make such choice, she shall be deemed to have vacated her officer as a nominated member. 25 (d) When a person ceases to be a member of the Academic Committee, she shall cease to be a member of any of the authorities of the University of which she may happen to be a member by virtue of her membership of the Academic Committee. 21. Academic Committee to review the broad policies and Programmes of the University:- Subject to the other provisions of this Act, the Academic Committee shall have the following powers and functions, namely:- (a) To assist the Vice-Chancellor and the Executive Council on Academic Programmes of the University and to suggest measures for the improvement and development of the University; (b) To advice the Chancellor in respect of any matter which may be referred to it for advice; and (c) To exercise such other powers and perform such other functions as may be prescribed by the statutes. 22. Meetings of the Academic Committee:- (1) The Academic Committee shall meet at least twice in every year on dates to be fixed by the Vice-Chancellor. One of such meeting shall be called the annual meeting. 26 The Academic Committee may also meet at such other times, as it may from time to time determine. (2) One-third of the total strength of the members of the Academic Committee shall be the quorum required for a meeting of the Academic Committee ; Provided that such quorum shall not be required at a convocation of the University or a meeting of the academic Committee held for the purpose of conferring degrees, titles, diploma or other academic distinctions. (3) The Vice-Chancellor may whenever she thinks fit shall upon a requisition in writing signed by not less than fifty percent of the total members of the Academic Committee convene a special meeting of the Academic Committee. ******* 27 CHAPTER IV THE EXECUTIVE COUNCIL 23. The Executive Council:- (a) The Chancellor shall, as soon as may be after the first Vice-Chancellor is appointed under section 45, constitute the Executive Council. (b) The Executive Council shall, in addition to the Vice-Chancellor, consist of the following members, namely:- Class I - Ex-officio Members. (1) The Secretary to Government in-charge of Education; (2) The Secretary to Government in-charge of Finance; and (3) The Secretary to Government in-charge of Social Welfare. Class II – Other Members (1) Three members nominated by the Vice-Chancellor on a rotation basis, from among the senior research staff in the order of the seniority; 28 (2) Five women members from among eminent educationists nominated by the Pro-Chancellor ; and (3) One woman member belonging to Scheduled Castes or Scheduled Tribes nominated by the Pro-Chancellor. (c) The Vive-Chancellor shall be the ex-officio Chairman of the Executive Council. (d) In case the Secretary to Government in-charge of Education, or the Secretary to Government in-charge of Social Welfare in unable to attend the meetings of the Executive Council for any reason, he may depute any officer of his department not lower in rank than that of a Deputy Secretary to Government to attend the meetings. (e) Save as otherwise provided, nominated members of the Executive Council shall hold office for a period of three years and such members shall be eligible for nomination for not more than another period of three years : Provided that where a member is nominated to the Executive Council to a casual vacancy the period of office held by any such member shall be construed as a full period of three years for the purpose of this clause: 29 Provided further that where a nominated member of the Executive Council is appointed temporarily to any of the office by virtue of which she is entitled to be a member of the Executive Council, ex-officio, she shall, by notice in writing signed by her and communicated to the Vice-Chancellor within seven days from the date of her taking charge of her appointment, choose whether she will continue to be member of the Executive Council by virtue of her nomination or whether she will vacate office as such member and become a member ex-officio by virtue of her appointment and the choice shall be conclusive. On failure to make such choice, she shall be deemed to have vacated her office as nominated member. (f) When a person ceases to be a member of the Executive council, she shall cease to be a member of any of the authorities of the University of which she may happen to be a member by virtue of her membership of the Executive Council. (g) The members of the Executive Council shall not be entitled to receive any remuneration form the university except such daily and travelling allowances as may be prescribed : 30 Provided that, nothing contained in this clause shall preclude any member from drawing her normal emoluments to which she is entitled by virtue of the office she holds. (h) A member of the Executive Council, other than ex- officio member, may tender resignation for her membership at any time before the term of her office expires. Such resignation shall be conveyed to the Chancellor by a letter in writing by the member, and the resignation shall take effect from the date of its acceptance by the chancellor. 24. Powers of the Executive Council:- The Executive Council shall have the following powers, namely:- (1) to make statutes and amend or repeal the statutes except the first statutes ; (2) to co—operate with other Universities, other academic authorities and colleges in such manner and for such purpose as it may determine ; (3) to provide for research and advancement and dissemination of knowledge ; (4) to institute Senior Fellowship, Fellowships, Research Assistants and any other teaching posts required by the University ; 31 (5) to institute degrees, titles, diploma and other academic distinctions ; (6) to confer degrees, titles, diploma and other academic distinctions on persons who shall have carried on research under conditions prescribed ; (7) to confer honorary degrees or other distinction on the recommendation of not less than two-thirds of the members of the Executive Council ; (8) to establish and maintain halls and hostels; (9) to institute fellowship, travelling fellowships, scholarships studentships, bursaries, exhibitions, medals and prizes and to award the same in accordance with the statutes ; (10) to consider and takes such action as it may deem fit on the annual report, the annual accounts and the financial estimates ; (11) to institute a publication bureau and to maintain it ; (12) to enter into any agreement with the Central or any State Government or with a private management for assuming the management of any institution and for taking over its properties and liabilities or for any other purposes not repugnant to the provisions of this Act ; 32 (13) to make statutes regulating the procedure at the meeting of the Academic Committee and Executive Council and other authorities of the University and the quorum of members required for the transaction of business by the authorities of the University other than the Academic Committee ; (14) to hold, control and administer the properties and funds of the University ; (15) to direct the form, custody and use of the common seal of the University ; (16) to regulate and determine all matters concerning the University in accordance with this Act and the statutes ; (17) to administer all properties and all funds placed at the disposal of the University for specific purposes ; (18) (a) to appoint the University Senior Fellows, University Fellows and Research Assistants and the teachers of the University, fix their emoluments, if any, define their duties and the conditions of their service and provide for filling up of temporary vacancies ; 33 (b) to make statutes specifying the mode of appointment of administrative and other similar posts and fix their emoluments, if any, define their duties and the conditions of their services and provide for filling up of temporary vacancies ; (19) to suspend and dismiss the University Senior Fellows, University Fellows and Research Assistants and the teachers and other employees of the University ; (20) to accept, on behalf, of the University, endowments, bequests, donations, grants and transfers of any movable and immovable properties made to it ; Provided that all such endowments, bequests donations, grants and transfers shall be reported to the Academic Committee and its new meeting. (21) (a) to raise, on behalf of the University, loans from the Central or any State Government or the University Grants Commission or the Public or any Corporation owned or controlled by the central or any State Government ; (b) to borrow money with the approval of the Government on the security of the property of the University for the purposes of the University ; 34 (22) to recognize hostels not maintained by the University and to suspend or withdraw recognition of any hostel which is not conducted in accordance with the statutes and the conditions imposed there under ; (23) to arrange for, and direct, the inspection hostels; (24) to prescribe the qualifications to teachers ; (25) to charged and collect such fees as may be prescribed; (26) to make statutes regarding the admission of students to the University ; (27) to appoint members to the Department of Studies ; (28) (a) to appoint examiners, after consideration of recommendations of the Departments of Studies; and (b) to fix their remuneration ; (29) to supervise and control the residence and discipline of the students of the University and make arrangements for securing their health and well being; (30) to institute and manage Libraries, Documentation Centres, Museums, Institutes of research and other institutions established or maintained by the University ; 35 (31) to manage hostels instituted by the University ; (32) to manage any publication bureau instituted by the University ; (33) to promote research within the University and to require reports, from time to time, of such research ; (34) to exercise such other powers and perform such other duties as may be conferred or imposed on it by this Act or the Statutes ; (35) to delegate any of its powers to the Vice-Chancellor to a committee from among its own members or to a Committee appointed in accordance with the statutes. 25. Meetings of the Executive Council:- (1) The Executive Council shall meet at such times and places and shall subject to the provisions of sub-sections (2) and (3) observe such rules of procedure in regard to transaction of business at its meetings including the quorum at meetings as may be prescribed; Provided that the Executive Council shall meet at least once in every three months. (2) The Vice-Chancellor or in her absence any member chosen by the members present, shall preside at a meeting of the Executive Council. 36 (3) All questions at any meeting of the Executive Council shall be decided by a majority of the votes of the members present and voting and it the case of an equality of votes, the Vice-Chancellor or the member presiding, as the case may be, shall have and exercise a second or casting vote. (4) (a) The Executive Council may, for the purpose of consultation, invite any person having special knowledge or practical experience in any subject under consideration to attend to any meeting. Such person may speak in, and otherwise take part in the proceedings of meeting but shall not be entitled to vote ; (b) The person so invited shall be entitled to such daily and travelling allowances as are admissible to a member of the Executive Council. 26. Annual Report:- The annual report of the University shall be prepared by the Executive Council and shall be prepared by the Executive Council and shall be submitted to the Academic Committee on or before such date as may be prescribed by the statutes and shall be considered by the Academic Committee at its 37 next annual meeting. The Academic Committee may pass resolutions thereon and communicate the same to the Executive Council which shall take action on accordance therewith. The Executive Council shall inform the Academic Committee of the action taken by it. A copy of the report with a copy of the resolutions thereon, if any, of the Academic Committee shall be submitted to the Government for information. 27. Annual Accounts:- (1) The annual accounts of the University shall be submitted to such examination and audit as the Government may direct. (2) The University shall settle objections raised in such audit and carry out such instructions as may be issued by the Government on the audit report. (3) The accounts when audited shall be published by the Executive Council in such manner as may be prescribed by the statutes and copies thereof shall be submitted to the Academic Committee at its next meeting and to the Government within three months of such publication. ****** 38 CHAPTER V THE FACULTIES, THE DEPARTMENTS OF STUDIES, THE FINANCE COMMITTEE AND OTHER AUTHORITIES 28. Constitution and functions of Faculties:- (1) The University shall include such Faculties as may be prescribed by the statutes. (2) The constitution and functions of the Faculties shall, in all other respects, be such as may be prescribed. (3) Each Faculty shall comprise such departments of teaching as may be prescribed in the statutes. 29. The Departments of Studies:- There shall be Departments of Studies attached to each Department of Teaching. The constitution and powers of the Department of Studies shall be such may be prescribed by the statutes. 30. Constitution of other authorities:- The constitution of such other bodies as may be declared by the statutes to be authorities of the University shall be provided for in the matter prescribed. 39 31. Finance Committee:- (1) The Finance Committee shall consist of the following members, namely:- (a) The Vice-Chancellor (b) The Secretary to Government in-charge of Finance; (c) The Secretary to Government in-charge of Education; and (d) The members nominated by the Executive Council from among its members whom one shall be a Senior Fellow and one shall be a person nominated to the Executive Council by the Chancellor. (2) If for any reason the officer referred to in clause (b) or clause (c) of sub-section (1) is unable to attend any meeting of the Finance Committee, he may depute any officer of his Department no lower in rank than of a Deputy Secretary to Government to attend such meeting. The officer so deputed shall have the right to take part in the discussion of the Committee and shall have the right to vote. (3) The Vice-Chancellor shall be the ex-officio Chairman and the Finance Officer shall be the ex-officio Secretary of the Finance Committee. 40 (4) All members of the Finance Committee, other than ex-officio members, shall hold office for a period of three years. (5) The Finance Committee shall meet at least twice in every year to examine the accounts and to scrutinize proposals for expenditure. (6) The annual accounts of the University prepared by the Finance Officer shall be laid before the Finance Committee for consideration and comments and thereafter submitted to the Executive Council for approval. (7) The finance Committee shall recommend limit for the total recurring expenditure and the total non- recurring expenditure or the year base on the income and resources of the University, which in the case of productive works may include the proceeds of loans. (8) The Finance Committee shall – (a) review the financial position of the University from time to time; (b) make recommendations to the Executive Council on every proposal involving investment or expenditure for which no provision has been made 41 in the annual financial estimates or which involves expenditure in excess if the amount provided for in the annual financial estimates ; (c) prescribe the methods and procedure and forms maintaining the accounts of the University; (d) make recommendation to the Executive Council on all matters relating to the finances of the University; and (e) perform such other functions as may be prescribed. (9) The financial estimates of the University prepared the Finance Officer shall be laid before the Finance Committee for consideration and comments. The said estimates as modified by the Finance Committee shall then be laid before the Executive council for consideration. The Executive Council may accept the modifications made by the Finance Committee. ******* 42 CHAPTER VI STATUTES 32. Statutes:- Subject to the provisions of this Act, the statutes may provide for all or any of the following matters, namely:- (i) the holding of convocation to confer degrees; (ii) the conferment of honorary degrees and academic distinctions; (iii) the constitution, powers and functions of the authorities of the University; (iv) the matter of filling vacancies among members of the authorities; (v) the allowances to be paid to the members of the authorities and committees thereof (vi) the procedure at meeting of the authorities including the quorum for the transactions of business at such meetings; (vii) the authentication of the orders or decision of the authorities; (viii) the formation of departments of research at the University; 43 (ix) the term of office and methods of appointment and conditions of service of the officers of the University other than the Chancellor and the Pro- Chancellor; (x) the qualifications of the teachers and other persons employed by the University; (xi) the classification, the method of appointment and determination of the terms and conditions of service of teachers and other persons employed by the University; (xii) the institution of pension, gratuity, insurance or provident fund for the benefits of the officers teachers and other persons employed by the University; (xiii) the institution of fellowships, travelling fellowships scholarship, studentship, bursaries, exhibitions, medals and prizes and the conditions of award thereof; (xiv) the establishment and maintenance of halls and hostels; (xv) the conditions of residence of students of the University in the halls and hostels maintained by the University and the levy of fees and other charges for such residence; 44 (xvi) the delegation of powers vested in the authorities or officers of the University ; (xvii) the admission of the students to the University; (xviii) the conditions of recognition of hostels not maintained by the University; (xix) The conditions and mode of appointment and duties of examining bodies and examiners; (xx) The maintenance of discipline among the students of the University; (xxi) The fees to be charged for research; and (xxii) any other matter which is required to be or may be prescribed by the statutes. 33. Statutes, how made:- (1) The first statutes shall be those as set out in the Schedule. (2) The Executive Council may, from time to time, make statutes and amend or repeal the statutes except the first statute, in the manner hereinafter provided in this section. 45 (3) Any member of the Executive Council may propose to the Executive Council the draft of a statute and the Executive Council may either accept or reject the draft. (4) A statute passed by the Executive Council shall be submitted to the Chancellor who may assent thereto or withhold his assent. A statute passed by the Executive Council shall no validity until it has been assented to by the Chancellor. ******* 46 CHAPTER VII UNIVERSITY FUNDS 34. General Funds:- The University shall have a General Fund to which shall be credited:- (a) Its income from fees, grants, donations and gifts, if any; (b) any contribution or grant made by the Central Government, any State Government, University, University Grants Commission or like authority, any local authority or any corporation owned or controlled by the Government; and (c) endowment and other receipts. ******* 47 CHAPTER VIII CONDITIONS OF SERVICE 35. Pension, Gratuity, etc:- (1) The University shall institute for the benefits of its officers, teachers and other persons employed by the University, such pension gratuity, insurance and provident fund as it may deem fit, in such manner and subject to such conditions, as may be prescribed. (2) Where the University has so instituted Provident Fund under sub-section (1) the Government may declare that the provisions of the Provident Funds Act,1925 (Central Act XIX of 1925), shall apply to such fund as if the University were a local authority and the fund a Government Provident Fund. (3) The University may, in consultation with the Finance Committee, invest the Provident Fund amount in such manner, as it may determine. 36. Conditions of service:- Subject to the Provisions of this Act, the appointment, procedure for selection, pay and allowances and other conditions of service of officers, teachers and other persons employed in the University shall be such as may be prescribed. 48 Explanation:- For the purposes of this section, the word “offices”shall not include the Chancellor and the Pro-Chancellor. 37. Terms and conditions of service of Heads of Departments:- (1) Each Department of the University shall have a Head who shall be Senior Fellow and whose duties and functions and terms and conditions of appointment shall be such as may be prescribed: Provided that if there is more than one Senior Fellow in any Department, the Head of the Department shall be appointed in the manner prescribed: Provided further that in a Department where there is no Senior Fellow, a Fellow or a Reader may be appointed as Head of the Department in the manner prescribed. (2) It shall be open to s Senior Fellow or Fellow or Reader to decline the offer of appointment as Head of the Department. (3) A person appointed as Head of the Department shall hold office as such for a period of three years and shall be eligible for reappointment. 49 (4) A head of the Department may resign her office at any time during her tenure of office. (5) A Head of the Department shall perform such functions as may be prescribed. 38. Terms and conditions of service of Deans of Faculties:- Every Dean of Faculties shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed in the statutes. ******* 50 CHAPTER IX MISCELLANEOUS 39. Filling of Casual Vacancies:- 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 such authority or body for the residue of the term for which the person whose place she fills would have been a member: Provided that the vacancies arising by efflux of time among nominated members of any authority or other body of the University may be filled by nomination than two months from the date on which the vacancies arise, as she thinks fit: Provided further 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. 51 40. Proceedings of the University authorities and bodies not invalidated by vacancies:- No act or proceedings 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 preceding not affecting the merits of the case or on the ground only that the Academic Committee did not meet twice in any year. 41. Removal from membership of the University:- (1) The Executive Council 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 Executive Council and by a majority of not less than two- thirds of the members of the Executive Council 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 Executive Council involves moral turpitude or if he has been guilty of gross misconduct and for the same reason, the Executive Council may withdraw any degree or diploma conferred on or granted to that person by the University. 52 (2) The Executive Council may also by an order in writing made in his behalf remove any person from the membership of any authority of the University of he becomes of unsound mind or deaf mute or suffers from leprosy or has applied to be adjudicated or has been adjudicated as 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 (a) or sub- section (2) as the case may be, shall as may be after it is so prescribed. 42. Disputes as to 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. 43. Constitution of Committees:- All the authorities of the University shall have power to constitute or reconstitute committees and to delegate to them such of their powers as they deem fit. Such committees shall, dame as otherwise provided, consist of members of the authority concerned and of such other persons, if any, as the authority in each case may think fit. 53 44. Power to obtain information:- Notwithstanding anything contained in this Act or 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, further the government with such information within a reasonable period: Provide that in the case of information which the University considers confidential, the University may place the same before the Pro-Chancellor. 45. Appointment of the first Vice-Chancellor:- Notwithstanding anything contained in sub- section (1) of sectin12, within three months from the 30th January 1984, 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. Provided that a person appointed as first Vice- Chancellor shall retire from office, if, during the tern of her office, she completes the age of sixty five years. 54 46. Appointment of the first Registrar:- Notwithstanding anything contained in sub- section (1) of section 14, within three months from the 30th January 1984 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: Provided that the person appointed as first Registrar shall retire from office, if, during the term of her office, she completes the age of fifty-eight years. 47. Transitory powers of the first Vice-Chancellor:- (1) It shall be the duty of the first Vice-Chancellor to make arrangements for constituting the Academic Committee, the Executive council and such other authorities of the University within six months after the notified date or such longer period not exceeding one year after the expiry of the said period of six months, as the Government may, by notification, direct. (2) The first Vice-Chancellor shall, in consultations 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. 55 (4) It shall be the duty of the first Vice-Chancellor to draft such statutes as may be necessary and submit them to the Executive Council for their disposal, 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. Any officer so appointed or any Committee so constituted in lieu of any other authority shall cease to hold office or function, as the case may be, immediately after such authority is duly constituted. 48. The Librarian:- (1) The Librarian shall be a whole-time officer of the University appointed by the Executive council in the recommendation of the Selection Committee constituted for the purpose, for such period and on such terms and conditions as may be prescribed. (2) The Librarian shall exercise such powers and perform such duties as may be assigned to her by the Executive Council. 56 49. Special mode of appointment:- (1) The Executive Council may invite a person of high academic distinction and professional attainment to accept a post of Senior Fellow in the University on such terms and conditions as it deems fit and on the person agreeing to do so, appoint her to the post. (2) The executive Council may appoint a teacher or any other member of the Academic Staff working in any other University or organization for undertaking a joint project in accordance with the manner prescribed. 50. Power to amend the Schedule:- The Government may, by notification, alter, mend or add any statute to the Schedule and, upon the issue of such notification, the Schedule shall be deemed to be amended accordingly. 51. Power to remove difficulties:- (1) If any difficulty arises as to the first constitution or reconstitution of any authority of the university after the notified 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: 57 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 both Houses agree in making any modification in any such notification or both Houses agree 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. 52. Repeal and Saving:- (1) The Tamil Nadu women’s University Ordinance, 1984 (Tamil Nadu Ordinance 5 of 1984) is herby repealed. (2) Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be deemed to have been done to taken under this Act. ******* 58 THE SCHEDULE [See section 33 (1)] THE FIRST STATUES OF THE UNIVERISITY 1. Terms and conditions of service of the Registrar:- (1) The holder of the post of Registrar shall be an academician not lower in rank than that of a University Professor. (2) The emoluments and other terms and conditions of service of the Registrar shall be such as may be prescribed: Provided that the Registrar shall retire on attaining the age of fifty-eight years or on the expiry of the period specified by the executive council under sub-section (1) of section 14, whichever is earlier. (3) 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 her office, the duties of the office of the Registrar shall be performed by such person as the Vice-Chancellor may appoint for the purpose. (4) (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 59 Executive Council and to suspend them pending inquiry, to administer warnings to them or to impose on them the penalty of censure or withholding of increments: Providing 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 her recommendation: Provided that an appeal shall lie to the executive council 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. 60 (5) The Registrar shall be ex-officio Secretary of the Academic Committee, the Executive Council, the Faculties and the Departments of Studies, but shall not be deemed to be a member of any of these authorities. (6) 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 Executive Council shall commit to her charge; (b) to issue all notices convening meetings of the Academic Committee, the Executive Council, the Faculties, the Departments of Studies and of any Committee appointed by the authorities of the University: (c) to keep the minutes of all the proceedings of the meetings of the Academic Committee, the Executive Council, the Faculties, the Departments of Studies and of any Committee appointed by the authorities of the University; (d) to conduct the official correspondence of the Executive Council; 61 (e) to supply 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 as may be required, from time to time, by the Executive council or the Vice-Chancellor. 2. Terms and conditions of service of the Finance Officer:- (1) 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 Government under section 15, whichever is earlier: Provided that the Finance Officer shall, notwithstanding her attaining the age of fifty-eight years, continue in office until her successor is appointed and enters upon her office or until the expiry of a period of one year, whichever is earlier. (2) 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 her office, the duties of the 62 Finance Officer shall be performed by such person as the Vice-Chancellor may appoint for the purpose. (3) 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. (4) The Finance Officer shall, (a) exercise general supervision over the funds of the University and shall advice the University as regards its financial policy: and (b) exercise such other powers and perform such other financial functions as may be assigned to her by the Executive Council 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 Executive Council. (5) Subject to the control of the Executive Council, the Finance Officer shall 63 (a) hold and manage the property and investments of the University including trust and endowed property; (b) ensure that the limits fixed by the executive Council for recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purpose 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 Executive Council; (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; 64 (g) bring to the notice of the vice-Chancellor any unauthorized 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 she may consider necessary for the performance of her duties. (6) The receipt of the Finance Officer or of the person or persons duly authorized in this behalf by the Executive Council for any money payable to the University shall to sufficient discharge for payment of such money. 3. The Planning Board:- (1) The Planning Board shall consist of the following members, namely:- (i) the Vice-Chancellor, who shall be the, chairman of the board; and (ii) not more than eight persons of high academic standing. (2) The members of the Planning Board shall be appointed by the chancellor and shall hold office for such period as he may determine. 65 (3) The Planning Board shall, in addition to all other power vested in it by this Act, have the right to advise the Executive Council. 4. Departments:- The following Departments shall be the Departments of the University, namely:- 1. Better Living or Human Ecology, 2. Education, 3. Development, 4. Society, 5. Law and Legal issues, 6. Appropriate Technology and Science, 7. Fine Arts and Music including Folk Arts, 8. Research Methodology and Documentation, 9.Status of Women and Advanced Economics and 10. Needs of widows and disadvantaged women. 5. Deans of Faculties:- (1) Every Dean shall be appointed by the Vice-Chancellor from among the Senior Research staff in the Faculty for a period of three years and she shall be eligible for reappointment: Provided that a Dean on attaining the age of fifty eight years shall cease to hold office as such: Provided further that if at any time there is no Senior Research staff 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 by reason of illness, absence or any other cause, unable to perform the duties of her office, the duties of her office shall be performed by such person as the Vice-Chancellor may appoint for the purpose. 66 (3) The Dean shall be the 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 the Departments of Studies or Committees of the faculty, as the case may be, but shall not have the right to vote thereat unless she is a member thereof. 6. Selection Committee:- (1) There shall be Selection Committees form asking recommendations to the Executive Council for appointment to the post of Senior Research Staff, Research Staff, Joint Research member and Librarian of institutions maintained by the University. (2) The Selection Committee for appointment to the posts specified in column (1) of the Table below shall consist of the Vice-Chancellor, a nominee of the Government and the persons specified in the corresponding entry in column (2) of the said Table and in the case of appointment of a Senior Research Staff, Research Staff of Joint Research member in a department where there is no Head of the Department shall also consist of a person nominated by the Executive Council from among its members: 67 THE TABLE (1) (2) Senior Research staff or (i) The Head of the Research staff Department concerned if she is a Senior Research staff. (ii) A Dean or a Senior Research staff to be nominated by the Vice-Chancellor (iii) Three persons, not in the service of the University, nominated by the Executive Council for their special knowledge of, or interest the subject with which the Senior Research Staff, Research Staff, or Joint Research member will be concerned. Joint Research Member (i) The Head of the Department concerned. 68 (ii) One Senior Research Staff to be nominated by the Vice-Chancellor. (iii) Two persons not in the service of the University, nominated by the Executive Council for their special knowledge of, or interest in, the subject with which the Joint Research member will be concerned. Librarian (i) Two persons, not in the service of the University, who have special knowledge of the subject of Library Science or Library Administration to be nominated by the Executive Council. (ii) One person, not in the service of the University nominated by the Executive Council. 69 Explanation I:- Where the appointments are being made for an inter-disciplinary project, the Head of the Project shall be deemed to be Head of the Department concerned. Explanation II:- The Senior Research staff to be nominated shall be the Senior Research staff concerned with the Speciality for which the selection is being made and that the vice-Chancellor shall consult the Head of the Department and the dean of Faculty before nominating the senior Research staff. Explanation III:- At least three out of four or two out of three members, as the case may be, concerned with the speciality referred to under column (2) shall be present at the Selection Committee meeting. (3) The Vice-Chancellor shall preside at the meetings of a Selection Committee. 70 (4) The meetings of a Selection Committee shall be convened by the Vice-Chancellor. (6) The procedure to be followed by a Selection Committee in making recommendations shall be such as may be prescribed. (6) If the Executive Council is unable to accept the recommendation made by a Selection Committee, it shall record its reasons and submit the case to the Chancellor for final orders. (7) Appointments to temporary posts shall be made in the manner indicated below:- i) If the temporary vacancy is for a duration longer than one academic session, it shall be filled on the advice of the Selection Committee in accordance with the procedure indicated in the foregoing provisions: Provided that if the Vice- Chancellor is satisfied that in the interest of work it is necessary to fill the vacancy, the appointment may be made on a temporary basis by a local Selection 71 Committee referred to in sub-clause (ii) for a period not exceeding six months. (iii) If the temporary vacancy is for a period less than a year, an appointment to such vacancy shall be made on the recommendation of a local selection Committee consisting of the Dean of the faculty concerned, the Head of the department and a nominee of the Vice-Chancellor: Provided that if the same person holds the office of the dean and the ahead of the Department the Selection Committee may consist of two nominees of the Vice-Chancellor: Provided further that in case of sudden casual vacancies in teaching posts caused by death or any other reason, the dean may, in consultation with the Head of the department concerned, make a temporary appointment for a month and report to the Vice-Chancellor and the Registrar about such appointment. 72 (iii) No teacher appointed temporarily shall, if she is not recommended by a regular Selection Committee for appointment under these statues be continued in service on such temporary employment unless she is subsequently selected by a local Selection Committee or a regular Selection Committee for a temporary or permanent appointment, as the case may be. (By order of the Governor) S.VADIVELU, Commissioner and Secretary to Government, Law Department. 73 II. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY June 4, 2002 The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 1st June 2002 and is hereby published for general information:- ACT No.30 OF 2002 An Act further to amend the Mother Teresa Women’s University Act, 1984. Be it enacted by the Legislative Assembly of the State of Tami Nadu in the Fifty –Third Year of the Republic of India as follows:- Short title and commencement 1. (1) The Act may be called the Mother Teresa Women’s University (Amendment) Act, 2002. (2) It shall come into force on such date as the State Government may, by notification, appoint. Amendment of preamble 2. In the preamble to the Mother Teresa Women’s University Act, 1984 (hereinafter referred to as the principal Act), in the second paragraph, for the expression “unitary type”, the expression “affiliating type” shall be substituted. 74 Insertion of new section 1 – A 3. After section 1 of 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 deemed to be affiliated to the University under this Act; (c) all colleges situate within the University area and affiliated to, or approved by, the University in accordance with the provisions of this Act of the statutes made there under.” Amendment of section 2 4. In section 2 of the principal Act, – (1) for clause (a), the following clauses shall be substituted, namely:- (a) “affiliated college” means any college situate within the University area and affiliated to the University and providing courses of study for admission to the examinations for degrees of the University and 75 includes a college deemed to be affiliated to the University under this Act; (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; (ac) “autonomous college” means any college designated as an autonomous college by statutes; (ad) “college” means any college imparting education exclusively for women, maintained or approved by, or affiliated to, the University and providing courses of study for admission to the examinations of the University and includes a constituent college; (ae) “constituent college” means the Government Arts College for Women, Nilakkottai and M.V. Muthiah Government Arts College for Women, Dindigul; (af) “Government” means the State Government;” 76 (2) after clause (d), the following clauses shall be inserted, namely:- “(da) “Principal” means the head of a college; (db) “registered graduate” means a graduate registered under this Act.” (3) after clause (g), the following clause shall be inserted, namely:- (gg) “University area” means the area comprising the revenue district of Dindigul and Theni;” Amendment of section 3 5. In section 3 of the principal Act, sub-section (3) shall be omitted. Amendment of section 4 6. In section 4 of the principal Act, for clause (5), the following clauses shall be substituted, namely:- (5) to confer degrees, titles, diplomas and other academic distinction on women who shall have pursued an approved course of study in an autonomous college; 77 (5-a) to hold examinations and to confer degrees, titles, diplomas and other academic distinctions on women who – (i) shall have pursued an approved course of study in a University college in an affiliated or approved college, unless exempted there from in the manner prescribed by the statutes and shall have passed the prescribed examinations of the University; or (ii) shall have carried on research under conditions prescribed; (5-b) to hold examinations and to confer degrees, titles, diplomas and other academic distinctions on women who shall have pursued an approved course of study by correspondence, whether residing within the University area or not and to provide such lectures and instructions for women not being residents within the University area under conditions prescribed; (5-c) to affiliate colleges to the University under conditions prescribed and to withdraw such affiliation: Provide that no college shall be affiliated to the University unless the permission of the Government to establish such college has been obtained and terms and conditions, if any, of such permission have been complied with; 78 (5-d) to approve colleges providing courses of study for admission to the examinations for titles and diplomas of the University under conditions prescribed and to withdraw such approval: Provided that no college shall be approved by 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 (5-e) to designate any college as a autonomous college with the prior concurrence of the Government under conditions prescribed and to cancel such designation;” Substitution of section 5 7. For section 5 of the principal Act, the following section shall be inserted, namely:- “5. College not to be affiliated to any other University – No college within the University area shall be affiliated to any University other than the Mother Teresa Women’s University.” 79 Amendment of section 8 8. In section 8 of the principal Act, in sub-section (1), for the expression beginning with the words “The Chancellor shall have the right” and ending with the words “connected with the University”, the following expression shall be substituted, namely:- “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 building, libraries, museums, workshops and equipment and of any college maintained or approved by, or affiliated to the University and also of the examinations, 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”. Amendment of Section 9 9. In section 9 of the principal Act, in sub-section (1) – (1) In item (5), the word “and” shall be omitted; (2) After item (5), the following item shall be inserted, namely:- (3) “(5-A) The Controller of Examination; and”, Insertion of new section 15–A 10. After section 15 of the Principal Act, the following section shall be inserted, namely:- 80 “15-A. The Controller of Examinations – (1) The Controller of Examinations shall be a whole-time officer of the University appointed by the Executive Council for such period and on such terms and conditions as may be prescribed. (2) The Controller of Examinations shall exercise such powers and perform such duties as may be prescribed.” Amendment of section 20 11. In section 20 of the principal Act, in clause (a), - (1) under the heading “Class I-Ex-Officio Members”, (a) in item 6, the word “and” shall be omitted; (b) after item 6, the following items shall be inserted, namely:- “(6-A) The Director of Collegiate Education; (6-B) The Director of School Education in-charge of Higher Secondary Education; (6-C) Heads of University Departments of Study and Research; (6-D) Principals of all affiliated colleges; (6-E) The Librarian of the University Library; 81 (6-F) The Director of Physical Education of the University; and”; (2) under the heading “Class II – Other Members”. After item (4), the following items shall be inserted, namely:- (4-A) One woman member elected by teachers of each affiliated colleges from among themselves; (4-B) One woman member elected from among themselves by the Secretaries of the College committees of the private colleges, as defined in the Tamil Nadu Private College (Regulation) Act, 1976 (President’s Act 19 of 1976) within the University area; (4-C) One woman member elected by Headmistress of Higher Secondary Schools for Girls in each revenue district within the University area from among themselves; (4-E) One woman member elected by the Members of the Tamil Nadu Legislative Assembly from among themselves;” 82 Amendment of section 23 12. In section 23 of the Principal Act – (1) In clause (b) – (a) under the heading “Class I-Ex-Officio Members”, (i) in item (3), the word “and” shall be omitted (ii) after item (4), the following items shall be added, namely:- (5) The Secretary to Government in-charge of Law; and (6) The Director of Collegiate Education”. (b) under the heading “Class II – Other Members”, after item (3), the following item shall be added, namely:- (4) One woman member elected by principals of affiliated colleges from amount themselves in accordance with the system of proportional representation by means of the single transferable vote; (5) One woman member elected by teachers of affiliated colleges, other than principals, from among themselves who are members of the academic committee, in accordance with the system of proportional representation by means of the singly transferable vote. 83 Explanation – For the purpose of this item “teachers” shall mean those teachers elected to the academic Committee teachers of the affiliated colleges from among themselves”. (2) in clause (d), for the expression “Health and Family Welfare”, or the Secretary to Government in-charge of Law” shall be substituted. Amendment of Section 24 13. In section 24 of the principal Act, after clause (3), the following clauses shall be inserted, namely:- “(3-A) to prescribed the conditions for approving colleges in which provision is made for the preparation of students for titles of diplomas of the University and to withdraw such approval; (3-B) to prescribe the conditions for affiliating colleges to the University and to withdraw affiliation from colleges; (3-C) to prescribe the manner in which, and the conditions subject to which, a college may be designated as an autonomous college and such designation may be cancelled. 84 (3-D) to provide such lectures and instructions for students of constituent colleges, affiliated colleges and approved colleges as the Academic Committee may determine and also to provide for lectures and instructions to persons not being students of colleges and to grant diplomas to them; (3-E) to prescribe the fees to be charged for the approval and affiliation of colleges, for admission to the examinations, degrees, titles and diplomas of the University for the registration graduates for the renewal of such registration; (3-F) to affiliate colleges within the University area to the University and to recognize colleges as approved colleges; (3-G) to designate any college as an autonomous college with the concurrence of the Government and to cancel such designation;” Amendment of Section 32 14. In section 32 of the principal Act, after clause (xv), the following clauses shall be inserted, namely:- “(xv-a) the conditions of registration of graduates and the maintenance of register thereof: (xv-b) the conditions of recognition of approved colleges and affiliation to the University of affiliated colleges; (xv-c) the manner in which, and the conditions subject to which, a college may be designated as an autonomous 85 (xv-c) 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 the matters incidental to the administration of autonomous colleges including the constitution or reconstitution, powers and duties of Academic Committee, Staff Council, Boards of Studies and Boards of Examiners;”. Insertion of new Chapter VI – A 15. After Chapter VI of the principal Act, the following Chapter shall be inserted namely:- CHAPTER VI – A ADMISSION AND RESIDENCE OF STUDENTS 33-A. Admission to University Courses (1) The University shall be open to women only. (2) No woman shall be admitted to a course of study in the University for admission to the examinations for degrees, titles or diplomas of the University unless she (i) has passed the examination prescribed therefore: and (ii) fulfils such other conditions as may be prescribed by the University. 86 (3) Every candidate for a University examination shall, unless exempted from the provisions of this sub-section by a special order of the Executive Council made or the recommendation of the Academic Committee, be enrolled as a member of a constituent college or of an affiliated or approved college. Any such exemption may be made subject to such conditions as the Executive Council may think fit. (4) Students exempted from the provision of sub-section (2) and students admitted, in accordance with the conditions prescribed, to courses of study other than courses of study for a degree shall be non-collegiate students of the University. 33-B. Admission to University Examinations. No candidate shall be admitted to any University examination unless she is enrolled as member of constituent college or of an affiliated or approved college and has satisfied the requirements as to the attendance required under the regulations for the same or unless she is exempted from such requirements of enrollment or attendance or both by an order of the Executive Council passed on the recommendation of the Academic Committee made under the regulations prescribed. Exemption granted under this section shall be subject to such conditions as the Executive Council may think fit. 33-C. Attendance qualifying for University Examinations. No attendance at instruction given in any college other 87 than that maintained, affiliated or approved by the University, shall qualify for admission to any examination of the University. 33-D. Residences and Hostels. “Every student of the University other than a non- collegiate student shall be required to reside in a hostel or under such other conditions as may be prescribed”. Insertion of new Chapter VIII – A CHAPTER VIII – A. Transfer of certain colleges, employees and funds 38-A. Tamil Nadu Act 33 of 1965 not to apply: (1) Subject to the provision of sub-sections (2) to (6), the Madurai Kamaraj University Act, 1965 (Tamil Nadu Act 33 of 1965) (hereafter in this section referred to as the University Act) shall, with effect on and from the date of commencement of the Mother Teresa Women’s University. (Amendment) Act 2002 (hereafter in this Chapter referred to as the notified date), cease to apply in respect of every college to which this Act applies. 88 (2) Such cessor shall not affect – (a) The previous operation of the University Act 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 University Act; 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 Mother Teresa Women’s University (Amendment) Act. 2002 had not been passed. (3) Notwithstanding anything contained in sub- section (1), all statutes, ordinances and regulations made under the University Act and in force on the notified 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 referred to in sub-section (1), until they are replaced by statutes ordinances 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 woman who immediately before the notified date was a 89 student of a college within the University areas affiliated to or approved by the Madurai – Kamaraj University was eligible to appear for any of the examinations of the Madurai – Kamaraj University shall be permitted to complete her course of study in the Mother Teresa Women’s University and the Mother Teresa Women’s 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 Mother Teresa Women’s University, in accordance with the course of study in the Madurai - Kamaraj University and such student shall during such period be admitted to the examinations held or conducted by the Madurai – Kamaraj University and the corresponding degree, diploma or other academic distinctions of the Madurai - Kamaraj University shall be conferred upon the qualified students on the result of such examinations by the Madurai – Kamaraj University. (5) All colleges within the University area which immediately before the notified date,- (a) Continue to be affiliated to, or recognized by the Madurai – Kamaraj University; and (b) Provide course of study for admission to the examination for degrees and diplomas of the Madurai – Kamaraj University, Shall be deemed to be colleges affiliated to the Mother Teresa Women’s University under this Act and the provisions of this Act shall as far as may be, apply accordingly. 90 (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 notified date under any provisions of the University Act 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 provision 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. 38 – B Transfer of certain Colleges to University (1) Notwithstanding anything contained in the Madurai – Kamaraj University Act, 1965 Tamil Nadu Act 33 of 1965) or the statutes, regulations and orders made there under, on and from the notified date, the colleges specified in clause (a) of section 2 of this act shall be transferred to and maintained by the Mother Teresa Women’s University as the constituent colleges of that University. (2) On and from the notified date, the control and management of the colleges specified in sub-section (1) and all properties, assets and liabilities of the Government in relation thereto shall stand transferred, and vest in, the University. 91 38 – C. Transfer of certain Employees - (1) Every person, who immediately before the notified date, is serving in the colleges specified in clause (ae) of section 2 of this Act shall, as from the said date, become an employee of the University and shall cease to be an employee of the Government. (2) (a) As soon as may be, after the notified date, the Government may, after consulting the Vice-Chancellors of the Mother Teresa Women’s University and the Madurai – Kamaraj University as are specified in such order shall stand allotted to serve in connection with the affairs of the Mother Teresa Women’s University with effect on and 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) With effect on and from the date specified in the order under clause (a), the persons specified in such order shall become employees of the Mother Teresa Women’s University and shall cease to be employees of the Madurai – Kamaraj University. 92 (3) Every person referred to in sub-sections (1) and (2) shall hold office under the Mother Teresa Women’s University for the same tenure at the same remuneration and upon the same rights and privileges as to pension or gratuity, if any, and other matters as he would have held the same on the notified date or the date specified in the order under clause (a) of sub-section (2), as the case may be, as if the Mother Teresa Women’s University (Amendment) Act. 2002 had not been passed. (4) The liability to pay pension and gratuity to the persons referred to in sub-sections (1) and (2) shall be the liability of the Mother Teresa Women’s University. 38 – D. 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 sub-section (1) of section 38-C as on the notified date and of the persons referred to in sub-section (2) of that section as on the date specified in the order under clause (a) of the said sub- section (2) shall be transferred to the Mother Teresa Women’s University and the liability in respect of the said Provident Fund Accounts shall be the liability of the Mother Teresa Women’s University. 93 (2) There shall be paid to the Mother Teresa Women’s University out of the accumulations in the Superannuation Fund and other like funds, if any, of the Madurai – Kamaraj University or, of the Government, such amounts as have been credited to the Superannuation Fund or other like Funds, if any, on behalf of the persons referred to in sub- sections (1) and (2) of section 38-C. The amounts so paid shall form part of the Superannuation Fund or other like Funds, if any, that may be established by the Mother Teresa Women’s University for the benefit of its employees. 38–E. Payment of certain moneys to the Mother Teresa Women’s University - (1) The Madurai – Kamaraj University shall out of its funds as on the notified date, pay to the Mother Teresa Women’s University such amount as the Government may, it consultation with the Madurai – Kamaraj University specify. (2) The amount payable under sub-section (1) shall be in addition to the amounts transferred under section 38-D.” Insertion of new sections 44-A and 44-B 17. After section 44 of the principal Act, the following section shall be inserted. Namely:- 94 “44-A. Registration of women graduates – (1) On and after the date of commencement of the Mother Teresa Women’s University (Amendment) Act, 2002, every woman ordinary resident within the University area, who – (i) has been for at least three years a graduate of any University in the territory of India; or (ii) is a registered graduate of any University in the territory of India shall be entitled to have her name entered in the register of graduates maintained under this Act for a period of five year on payment of such fee and subject to such conditions as may be prescribed by the statutes. (2) All applications for registration under sub-section (1) shall be sent to the Registrar together with the prescribed fee and such proof of qualifications as may be prescribed by the statutes. (3) The Registrar shall, on receipt of an application made under sub-section (2) and after making such enquiry as the Registrar deems fit, enter in the register of graduates the name of the applicant. 95 (4) Every woman whose name has been entered in the register of graduates under sub-section (3) shall be entitled to have such entry renewed every five years on application made in that behalf to the Registrar within such time, in such manner and on payment of such fee as may be prescribed by the statutes. 44 – B. Report on colleges – The Executive Council shall, at the end of the every three years from the date of commencement of the Mother Teresa Women’s University (Amendment) Act, 2002, submit a report to the Government on the condition of constituent, affiliated and approved colleges within the University area. The Government shall take such action on it as they deem fit.” (By order of the Governor) A. KRISHNANKUTTY NAIR, Secretary to Government, Law Department. 96 III. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY – OCTOBER 16 – 2002 The following Ordinance which was promulgated by the Governor on the 13th October 2002 is hereby published for general information. AMENDMENTS TO THE MOTHER TERESA WOMEN’S UNIVERSITY (AMENDMENT ) ACT – 2002 Amendment of Section 16: Tamilnadu Act 30 of 2002 8. In section 16 of the Mother Teresa Women’s University (Amendment) Act, 2002, in Chapter VIII – A proposed to be inserted in the Mother Teresa Women’s University Act 1984. 9. (1) in section 38-B, for sub-section (2), the following sub-section shall be substituted, namely:- (2) On and from the notified date, the control and management of the constituent colleges shall stand transferred to the University. The Government may, at any time after the notified date, by order, transfer the properties of such constituent colleges to the University for its use, on such terms and conditions as may be specified in the order”; 97 (2) in section 38 –C, (a) for sub – section (1), the following sub-section shall be substituted, namely:- “(1) Notwithstanding anything contained in section 38-B, (a) every person, who immediately before the notified date was serving in connection with the affairs of a constituent college shall continue to be an employee of the Government and the rules and orders governing such employee immediately before the notified date in respect of the following matters shall continue to be applicable to him:- (i) Disciplinary matters, estimate of vacancy, preparation of panel for promotion and promotion to different posts including posts of Joint Director of Collegiate Education and Director of Collegiate Education; (ii) Pay, drawal of pay and allowances and pay drawing officers; (iii) Age of retirement, terminal benefits including pension and General Provident Fund; (iv) Financing, budgeting and enforcing financial discipline; 98 (b) rules and orders in force immediately before the notified date relating to the tuition fees, admission of students including communal reservation, schemes of scholarship to the students belonging to Backward Classes, Most Backward Classes, Scheduled Castes and Schedules Tribes and higher education to women students shall continue to be applicable in respect of constituent colleges. (1-A) Subject to the provisions of sub-section (1) the University may, with the prior approval of the Government, make statutes providing for administrative and academic control over the persons referred to in sib-section (1)”; (b) in sub-section (3) - (i) for the expression “Sub-sections (1) and (2)”, the expression “sub-section (2)” shall be substituted; (ii) for the expression “notified date or the date specified in the order under clause (a) of sub- section (2), as the case may be”, the expression “date specified in the order under clause (a) of sub-section (2)” shall be substituted; 99 (c) in sub – section (4), for the expression “sub- sections (1) and (2)”, the expression “sub-section (2)” shall be substituted; (3) in section 38 – D, (a) in sub-section (1), the expression “of the persons referred to in sub-section (1) of section 38 – C as on the notified date and” shall be omitted; (b) in sub – section (2), - (v) for the expression “Madurai - Kamaraj University or, of the Government”, the expression “Madurai – Kamaraj University” shall be substituted; (vi) for the expression “sub-sections (1) and (2) of section 38-C”, the expression “sub-section (2) of section 38-C” shall be substituted. 13th October 2002 P.S. RAMAMOHAN RAO, Governor of Tamil Nadu 100 EXPLANATORY STATEMENT Sections 56 and 57 of the Thiruvalluvar University Act, 2002 (Tamil Nadu Act of 2002) inter –alia provide for converting the Government Colleges as the constituent colleges of the Thiruvalluvar University and to transfer the employees of the Government Colleges to the said University. Representations are received from various quarters to retain status of employees transferred to the Thiruvalluvar University as Government Servants and to continue to apply the rules and orders governing the service conditions in respect of such employees. The Government after considering the representations have decided to amend the said Tamil Nadu Act 32 of 2002, suitably for the said purpose. 2. The Ordinance seeks to give effect to the above decision. (By order of the Governor) A. KRISHNANKUTTY NAIR, Secretary to Government, Law Department. 101