(1) The Tamil Nadu women’s University Ordinance, 1984 (Tamil Nadu Ordinance 5 of 1984) is herby repealed.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.
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(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;
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(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-todate, and that stock checking is conducted, of equipments and other consumable materials in all offices and other places maintained by the University;
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(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.
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(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.
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(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.
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(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.
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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.
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(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.
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(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.
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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.
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(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 noncollegiate 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.
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(2) Such cessor shall not affect –
(a) The previous operation of the University Act in respect of the Colleges referred to in subsection (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 subsection (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.
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(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.
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(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 subsection (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.
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(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 subsections (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.
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(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”;
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(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;
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(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 subsection (2), as the case may be”, the expression “date specified in the order under clause (a) of sub-section (2)” shall be substituted;
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(c) in sub – section (4), for the expression “subsections (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.
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