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THE GANDHIJI UNIVERSITY AC'r, 1985
(Act 12 of 1985)
CONTENTS
Preamble. Sections.
1. Short title and commencement.
2. Definitions.
3. The University.
4. Territorial limits.
5. Powers of the University.
6. University open to all classes and creeds.
7. The Chancellor.
8. The Pro-Chancellor.
9. Officers of the University.
10. The Vice-Chancellor.
11. The Pro-Vice-Chancellor.
12. The Registrar.
13. The Controller of Examinations.
14. The Flinance Officer . .
15. Appointments to be notified.
16. Authorities of the University.
17. Senate ..
18. Reconstitution of the Senate.
19. Powers an.d functions of the Senate.
20. Meeting of the Senate.
21. The Syndi~ate.
22. Term of office of members of Syndicate.
23. Powers of Syndicate.
24. The Academic Council.
25. Powers and. duties of Academic Council.
26. Faculties.
27. Deans of faculties.
28. Boards of Studies.
29. Students' Council.
30. Powers and duties of Students' Council.
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31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
Finance Committee. Planning Board. Other authorities of University. Disqualifications for membership. The Statutes.
Procedure for making Statutes. Ordinances.
Procedure for making Ordinances. Regulations.
Procedure for making Regulations. Rules, bye-laws and orders. Publication in the Gazette. Election of members to the Senate, Syndicate and other bodies of the University.
Filling up of vacancies.
Resignation or removal of members of any authority or body.
University Fund.
Grants from Government.
Annual estimates of income and expenditure. Funds earmarked for a purpose not to be diverted without prior approval of Government.
Annual accounts.
Annual report.
Audit of accounts of the University.
Definitions.
Governing body for private college under unitary manage- ment.
Managing council for private colleges under corporate management.
Manager. _...
Acts or proceedings of governing body or managing council not to be invalidated.
Affiliation of colleges.
Appointment of teachers in private colleges. Qualifications of teachers.
Probation.
Conditions of service of teachers of Private Colleges. Disciplinary powers of Educational Agency over teachers of Private Colleges.
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64.
65.
66.
67.
68.
'69.
70.
71.
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
Disciplinary powers of Government over teachers of Private Colleges.
Past disputes relating to service conditions of teachers. Membership of Local Authorities etc.
Non-teaching staff of Private Colleges.
Transfer of teachers to other Universities. Constitution of Appellate Tribunal.
Bar of Junsdiction of civil courts.
Private Colleges to comply with provisions of chapter within' six months.
Colleges not complying with provisions of this Act. Code of Conduct for teachers of affiliated Colleges. c Power of Government to cause ipspection of University. Appointment of CommissiOn to inquire into the working of Universtty.
Directions by Government.
Power of Government to make rules.
Reservation of appointments.
Constitution of Selection Committees.
Conditions of Service.
Pension, Insurance and Provtdent Fund.
Proceedings of the Umvers1ty and bodies not to be invali- dated by vacancies.
Proceedings of the Senate, Syndicate and Academic Council. Dispute as to constitution of Umversity Authority or body. Report on affiliated colleges.
Protection of acts and orders.
87. Institutions affiliated to University:
88. Duty of teachers, etc., in connection with University examinations. ·
89. Punishment for irregularities by teachers at examinations.
90. Registered Graduates.
91. Appointment of first Vice-Chancellor.
92. Appointment of Registrar, Controller of E'xaminations and Fmance Officer durmg initial period of two years.
93. Appointment of the first University Staff.
94. Nomination of first University authorities. 21Sj686j:MC.
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95.
96.
97.
98.
99.
100.
101.
102.
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4-2 Colleges and other institutions within the jurisdiction of the University.
Transfer of service of certain employees from the University of Kerala to the Gandhiji Umversity.
Transfer of accumulation in provident fund and other like funds. . ~
Apportionment of funds and assets of the University of Kerala.
Act 17 of 197 4 not to apply.
First Statutes and Ordinances.
Removal of difficulties.
Repeal and saving.
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THE GANDHIJI UNIVERSITY ACT, 1985• (Act 12 of 1985)
An Act to establish and incarporate a University at Kottayam by the name Gandhiji University.
Preamble.-WHEREAS it is considered necessary to establish a new teaching and affiliating University in the State to prov1cte for the urgent development of h1gher education in the areas comprised in the Kottayam, Ernakulam and Idukki revenue d~istncts, the Kuttanad taluk of the Alleppey revenue district and the Kozhencherry, Mallappally, Th1ruvalla and Ranni taluks of the Pathanamthitta revenue district of the State;
BE it enacted in the Thirty-sixth Year of the Republic of India as follows:-
CHAPTER I
Prelim.inary
1. Short title and commencement-(!) This Act may be called the Gand.hiji Uni~ersity Act, 1985.
(2) It shall be deemed to have come into force on the 2nd day of October, 1983.
2. Definit~.-In this Act, unless the context otherwi!!le requires,-
(1) "Academic Council" means the Academic Council of the University;
(2) "affiliated college" means a college affiliated to the University in accordance with the provisions of this Act and the Statutes and in which instruction is provided in accordance with the provisions of the Statutes, Ordinances and Regulations;
(3) "annua~ meeting" means one of the ordinary meetings of the Senate held every year under sub-section (1) of section 20 and declared by the Statutes to be the annual meeting of the Senate;
(4) "Appellate Tribunal" means the Appellate Tribunal constituted under sub-section (1) of section 69;
• Rf;(:elved the assent of the Governor on the 17th day of April, 1988 and Published in the Kera.Ia Gazette, Extraordinary No. 323 dated tho 17th April, 1985.
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-- (t>) ''Board of Studies" means a Board of Studies of the University;
(6) "Chancellor" means the Chancellor of the University;
(7) "College" means an institution maintained by, or affiliated to the l.JJ'niversity, in which instruction is provided in acoordance with ~ the provisions of the Statutes, Ordinances and Regulations;
(8) ~'department" means a department designated as such by the Ordinances or Regulations with reference to a subject or group of subjects;
(9) ''educational agency" means any person or body of persons who or which establishes and maintains a private college or more than one private college;
(10) "faculty" means a faculty of the University;
(11) "Government college" means a college maintained by the Government and affiliated to the University; '(12) "hostel" means a unit of residence for the students of the University, or the colleges or institutions maintained by, or '""'!' affiliated to, the University in accordance with the provisions of thifl Act or the Statutes or Ordinances;
(13) "junior college" means a college imparting instructions in Pre-Degree courses only;
(14) "non-teaching staff" of the University or a College means the employees of the Umversity or that college, other than teachers;
(15) "prescribed'' means prescribed by the Statutes, Ordi- nances, Regulations, rules or ,bye-laws made under this Act;
(16) "principal" means the head of a college;
(17) "private college" means a college maintained by aP. educational agency other than the Government or the University and affiliated to the University;
(18) "Pro-Chancellor" means the Pro-Chancellor of the University;
(19) "professional college" means a college in which instruc- tion is given in any of the following subjects, namely:-
(i) Engineering and Technology;
(ii) Allopathic Medicine and Para Medical Courses;
(iii) Dental Medicine;
(iv) Ayurvedic Medicine;
(v) Homoeopathic Medicine;
(vi) Law; and
(vii) Education;·
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(20) "Pro-Vice-Chancellor" means the Pro-Vice-Chancellor of the University;
(21) "recognised institution" means an institution for research or special studies, other than an affihated college, recogni
">- sed as such by the University;
(22) ''registered graduates" means graduates registered under the provisw_ns of this Act and the Statutes and includes gra- duates deemed to be registered graduates; ·-
(23) ''Senate" means the Senate of the Uinversity; .
(24) "State" means the State of Kerala;
(25) "Statutes'', "Ordinances", "Regulations", "bye-laws"
and "rules" means respectively the ''Statutes", "Ordinances", '·Regu- lations", "bye-laws" and "rules" of the University;
(26) "student" means a part-time or full-time student receiv- ....,.~ ing instruction or carryin~ on research in any of the colleges or recognised mstitutions;
(27) "Students' Council" means the Students' Council of the University;
(28) "Syndicate" means the Syndicate of the Univer5ity;
(29) "teacher" means a principal, professor, associate pro- fessor, assistant professor, reader, lecturer, instructor, or such other person imparting instructwn or supervismg research in any uf the colleges or recognisE'd institutions and whose appointment has been approved by the University;
(30) "teacher of the University" means a person employed as teacher in any institution maintamed by the Univ.ers1ty;
(31) "University" means the Gandhiji tuted under this Act;
University consti-
(32) "University area" means the area to which the jurisdic- tion of the University extends under sub-section (1) of section 4;
(33) "Univeraity Fund'' means the Gandhiji University Fund established under sub-seocion (1) of section 46;
(34) ''Vice-Chancellor" means the Vice-Chancellor of the University.
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CHAPTER n The University
3. Tke University.-(l) The Chancellor, the Pro-Chancellor, the Vice-Chancellor, the Pro-Vice-Chancellor, if any, and the mem- bers of the Senate, the Syndicate and the Academic Council; for the time being, shall constitute a body corporate by the name of the Gandhiji University.
(2) The headquarters of the University shall be at Kott.ayam.
(3) The University shall have perpetual succession and a common seal, and shall sue and be sued by the saJd name.
4. Territorial limits.-(l) The jurisdiction of the University shall extend to the Kottayam, Ernakulam and Idukki revenu~::
districts, the Kuttanad taluk of the Alleppey revenue dic;trxct and the Kozencherry, Mallappally, Thiruvalla and Ranni taluks of the Pathanamthitta revenue district of the State.
(2) No educational institution situated beyond the terri- torial limits of the University shall, save with the sanction of the '?"!"' Chancellor and the Government, be affiliated to the University and no educational institution within the territorial limits of the Umversity shall, save with the sanction of the Chancellor and the Gov·ernment, seek or continue affiliation to any other Umversity established by law.
5. Powers of tke University.-Subject to the provisions of thh, Act, the University shall have the following powers, namely:-
(i) to provide for instruction and training in such branches of learning as the University may deem fit and to make provic;ion for research and for the advancement and dissemination of know- ledge;
(ii) to institute degrees, titles, diplomas and other academic distinctions;
(iii) to hold examinations and to confer degrees and other academic distinctions on persons who- .,.4.
(a) shall have pursued a prescribed course of study in a college under the University, unless exempted therefrom m the mmmer prescribed, and shall have passed the prescribed examina- tion; or
(b) shall have carried on research under prescribed con- ditions and which has been duly evaluate!~;
(iv) to confer honorary degrees or other distinctions on distinguished persons in accordance with the conditions to be prescribed in the Statutes;
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(v) to grant diplomas, certificates or other distinctions t~ persons who shall have pursued a prescnbed course of study under prescribed conditions;
(vi) to withdraw or cancel degrees, titles, diplomas, certi- ficates or other distinctions under conditions that may be pres- Cribed by the Statutes, after givmg the person affected a reasona- ble opportunity to present his case;
(vii) to maintam, supervise and control the residence and discipline of students of the Univers1ty, colleges and recognised inst1tutions and to make arrangements for promoting the1r health and general welfare;
(viii) to recognise hostels which are maintained by bodies other than the Umversity and to withdraw such recognition;
(ix) to exercise such control over the students as w1ll ensure their physical and moral well-being;
(x) to constitute a Board to entertain and If it thinks fit to adJudicate and to redress any grievances of lne students of colleges, who may for any reason be aggrieved otberw1se than by an act of any court;
(xi) to fix the fees payable to the University and to demand and receive such fees;
(xii) to fix and regulate, with the previous sanction of the Government, the fees payable in colleges and recogmsed institutiOns aflihated to the Umvers1ty;
(xiii) with the prevdous sanction of the Government, to regulate the emoluments and pattern and to prescnbe the duties and conditions of serv1ce of teachers and non-teachmg staff m pnvate colleges;
(xiv) to hold and manage endowments and bursaries and to institute and award fellowsh1ps, scholarships, studentships, medals and pnzes and to organiSe exh1bitions;
(xv) to institute and provide funds wherever necessary for the maintenance of-
(a) a Students' Advisory Bureau;
(b) an Employment Bureau;
(c) a Univers1ty Umon for Students;
(d) University Athletic Clubs;
(e) the National Cadet Corps;
(f) the National Service Corps;
(g) University Extension Boards; .
(h) Students' Cultural and Debating Societies;
(i) a Translation and Publication Bureau; and
(j) co-operative societies and other similar institutions for promoting the welfare of students and employees of the University; -
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(xvi) to Co-operate with other Universities or ally authorities or associations in such manner and for such purposes as the Uni- versity may determine;
(xvii) to do all such other acts and things, whether incidental to the powers aforesaid or not, as may "be requisite in order to further the objects of the University as a teachmg and examining =' body, aud to cultivate and promote arts, science and other branches of learning;
(xviii) to take and hold any property, movable or immovable, which may become vested in it for the purpose of the University by purchase, grant, testamentary disposition or otherwise and to grunt demise, alienate or otherwise dispose of all or any of the properties belonging to the University and also to do all other acts incidental or appertaining to a body corporate;
(xix) to direct, manage and control all immovable and movable properties transferred to the University by the Government;
(xx) to co-ordinate, supervise, r~gulate and control the con- duct of teaching and research work in the affiliated colleges and the institutions recognised by the University;
(xxi) to define the powers and duties of the officers of the University other than those provided m this Act;
(xxii) to provide for the inspection of affiliated colleges and to issue such directions as the University may deem fit;
(xxiii) to establish, maintain and manage colleges, institutes of research and other institutions of higher studies;
(xxiv) to affiliate to itself colleges in accordance with the pmvisions of this Act and the Statutes, Ordmances and Regulations and to withdraw affiliation of colleges;
(xxv) to'• institute professorships, readerships, lecturerships and any other teaching and research posts required by the University and to appoint persons to such professorships, readerships, lecturer- ships and other teaching and research posts;
(xxvi) to establish, maintain and manage hostels;
(xxvii) with the previous sanction of the Government as·,.._ regards the purpose and amount of loan and subject to such condi- tions as may be specified by the Government as to security and rate of interest, to borrow any sum of money from the Central Govern- ment, any other Government, or any other incorporated body; and (xxviii) generally to do such other acts for carrying out the purposes of this Act.
6. University open to all cla.
person :1hall, on grounds only of religion, race, caste, sex, descent, place of birth, residence, language, political opinion or any of them, be ineligible
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for, or discriminated against, in respect of any employment or office under the University or membership of any of the authorities or hodies of the University or admission to any degree or course of study m the University: ·
Provided that the Umvers1~.y may, in consultation wtth the _,. Government, affiliate any college or recognise any institullon, exclu- sively for women either for education, !instruction or residence, or reserve for women or members of socially and educationally back- ward classes or of Scheduled CMles or Scheduled Tn!Jes, places for the purpose of admissiOn as students m any college vr wstllu- tiOn maintamed or controlled by the University.
CHAPTER Ill
The ChanceJllor, Pro-Chancellor and Officers of the U!Iivcr~ity
7. The Chancellor -(1) The Governor of Kerala ~hall. by virtue of his office, be the Chancellor of the Umversity.
(2) The Chancellor shall be the head of the Umve-rsity and shall, when present, preside at meetings of the Senate, and at any convocation of the University.
(3) All the authorities of the Umversity shall be Rubordinate to the Chancellor.
(4) The Chancellor may, by order rn writmg, annu! any proceeding of any of the authorities of the Uruversity which is not m conformity With this Act, the Statutes, the Ordinances, the Regulations, the rules or the bye-laws:
Provided that, before making any such order, the Chancellor shatl call upon such authonty to show cause why such an ord<:r f.hould not be made and consider the cause, if any, shown hy such anthonty withm a reasonable time.
(5) The Chancellor shall, when an emergency anses, bav~ the right to suspend or dismiss any of the authorities of the Um- ver~ity and to take measures for the interim administration of the University.
(6) Every proposal for the conferment of an honor.1ry df'gree shall be subject to confirmation by the Chancel'or.
(7) An appeal shall he to the Chancellor agamst any order cf dismissal passed by the Syndicate or the VIce-Chancellor agamst any person in the service of the Umversity. ·
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(8) An appeal under sub-section (7) shall be filed within sixty days from the date of service of the order of d1smis:c.al on the ~~rson ccncerned.
(9) The Chancellor shall, before passing any order un an a1)peal under sub-sectwn (7) refer the matter for adviCe to a Tri- bunal appomted by rum for the purpose.
(10) The Chancellor shall have power to remove the VIce- Chan~ellor or the Pro-Vice-Chancellor from ·office by an order m wndng on charges of misappropriation or mismanagement of funds or :nistehavwur:
.Provi:2ed ~hat such charges are proved by an enquiry couducted by a person who is or has been a Judge of the High Court 8r the Supreme Court appointed by the Chancellor for the purpose:
Provided further that the Vice-Chancellor or the Pro-VIce- Ch?.!lcellor sl:al! ll(lt lJe removed under this sectiOn unless he haH be~ r: given a reaso:mble opportumty of showing cause agamst the !
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:.:.-~t!On proposed Lo be taken against htm. '--"'(
(11) The Chancellor shall have such other powers as may be eoP..ferred on h1m by this Act or the Statutes.
8. The Pro-ChanceUor.-(1) The Mimster for the t1me bemg fldmmist,..!rmg the subject of education fn the State shall be the l-'ro-Cha11cellor of the Univers1ty.
(2) In thP ~bscr:ce of the Chancellor or during his mabllitv to
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Chancellor shaJl exerc1se all the powers and perf0rm all the funct10ns of the Chancellor.
!) Offi~e-:-s of the Universtty -The following shall be the offi,·crs ')f the Umversity, namely:-
(i) the Vice-Chancellor; ( 11 J the Pro-Vice-Chancellor;
(iii) the Registrar; ... l IV) the Controller of Examinations;
(v) the Fmance Officer; and (vi} (;UCh other officers m the S{'rvice of the University, as may be declared by the Statutes to be officei·s of the Umverstty.
10. The V•ce-Chancellor.-(1) The Vice-Chancellor shall be appomted by the Chancellor on the recommendation as hcrdnafte1· providc:l of a C<;mmitt~e appomted by him for the purpose (heTc- maftcr referred to as the Co.t>lmittee) .
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(2) The Committee shall consist of three membrrs, one C'!ec~ed by the Senate, one nommated by the Chamnan of the tJmversity Grants Commis-;ion and thr third nominated by the Chancellor:
Provided that no person holdmg any office under the University shall be nominated as a member of the Committee.
(3) The Chancellor shall appoint one of the members of the Con1mittec to be its convener.
( 4.) The Committee shall make its recommendat_ior: within a period of three months of its appomtment.
(5) In case the Committee unanimously recommend~ the nan1e of only one person, the Chancellor shall appoint that person to be the VIce-Chancellor.
(6) In case the Commdttee IS unable to recommend a name unalli:llously, the VICe-Chancellor shall be appomted by the Chan- cellor from among a panel of three names submitted to him by the Committee within the period specified m sub-sectiOn (4).
(7) In case the Committee fa1ls to make a unanimous recom- nl( i1rl.ation as provided in sub-section (5) or to submit a r~anel as provided m ~ub-sect10n (6), t!1e VIce-Chancellor shall be appointed by the Chancellor from among a panel of three names submitted to him by a majority of the members of the Committee within the period specified m sub-section ( 4).
(8) Non-submission of a name under sub-section (7) by any 111craber of the Committee shall not mvalidate the appomtment of the Vice-Chancellor.
(9) No person who is more than sixty years of age shall be appmnted as Vice-Chancellor.
(10) The Vice-Chancellor shall hold office for a term af four years from the date on which he enters upon his office and shall be eligible for re-appointment:
Provided that a person shall not be appointed as VIce-Chancellor for more than two terms.
(11) The remuneration p8yable to, and the other conditions of service of the Vice-Chancellor shall be determined hv the Chancellor. ~
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(12) The Vice-Chancellor shall be the principal academic and executive officer of the University and all the Officers of the UPl'1ersity shall be under his administrative control.
(13) The Vice-Chancellor shall be the Chairman of the Senate, the Syndicate, the Academic Council, the Students' Council and the Fmancr Committee and shall be entitled to be present at and to uddre:>s any meeting of any authority of the Umversity, but shall not be entitled t<;> vote thereat unless he is a member of the authority concerned.
(14) in the event of equality of votes at any meeting of the Senate, the Syndicate or the Academic Council or of any other aui.h'Jrity, at which the VIce-Chancellor Is the Chairman, h<" shall have and exercise a castmg vote.
(15) It shali be the duty of the Vice-Chancellor to ensure · that the provisions of this Act, the Statutes, the Ordinances, the Regulations, the rules and the bye-laws are faithfully observed and carried out, and he shall have all powers necessary for this purpose.
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(16) The VIce-Chancellor shall have the right of visiting and inspecting colleges and other institutions maintained by, or affiliated to, the University. ·
(17) If at any time, except when the Syndicate or the Aca- demic Council is in session, the VIce-Chancellor is satisfied that an emergency has arisen requiring him to take immediate action involv- ing the exercise of any power vested in the Syndicate or the Aca- <'lemic Council by or under this Act, the Vice-Chancellor Ir.ay take such action as he deems fit and shall, at the next session of the Sy!ldicate or the Academic Council, as the case may be, report the action taken by him to that authority for such action as tt may consider necessary_
(18) Subject to the provisions of the Statutes and the Ordi- nances, the VIce-ChanceLlor shall have power to appoint, suspend, dismiss or otherwise pumsh any member of the establishment of the Umversity below the rank of Deputy Registrar:
Provided that he may delegate any of his powers under thJs sub-section to the Pro-Vice-Chancellor or the Registrar.
(19) The Vice-Chancellor shall have power to convene meet- ings of the Senate, the Syndicate, the Academic Council and any othet· authorities of the University.
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(20) Notwithstanding anything contained in this Act .or in the Statutes or Ordmances made or deemed to have betn made theteunder, the Vice-Chancellor may, if he is satisfied that the number of examiners in the panel of exa.miners approved by the Syndicate for the conduct of an examination us not sufficient for the conduct of that examinatiOn and that approval of another panel of exammers by the Syndicate will entail delay 111 the conduct of such examination, nominate such additwnal number of examiners as may be necessary for the conduct of such examination.
(21) Any person nominated by the VIce-Chance!lc.:r under sub-sectiOn (20) shall be deemed to be an examiner included in the panel approved by the Syndicate.
(22) It shall be the duty of the Vice-Chancellor to see that the proceedmgs of the U!llversity are carried on 111 accordance with the provisions of this Act, the Statutes, the Ordinances, the Regu- lations, the rules and the bye-laws and to report to the Chancellor every proceedmg which IS not in conformity with such provisions.
(23) The Vice-Chancellor shall exercise such other powers and perform such other functiOns as may be prescnbed by the Statutes.
(24) In the event of a temporary vacancy occurr111g in the office of the VJce-ChaQpellor, or where the Vice-Chancellor Is tem- pora.rily absent, the Pro-VIce-Chancellor shall exercise thE'_ pow us and perform the duties of the VICe-Chancellor.
(25) In the event of a permanrnt vacancy occurrm:_; m the offi~e of the Vice-Chancellor, the Chancellor shall mitiate action 'for the appointment of the VIce-Chancellor within one mon~h of the occurrence of the vacancy and pending such appomtment make necessary arrangements for exerctsing the powers and performing the duties of the Vice-Chancellor.
11. The Pro-Vice-Chancellor.-(1) The Chancellor may, if he considers \t necessary, appomt a Pro-VIce-Chancellor.
(2) No person who is more than fifty-six years of age shall · be appointed as Pro-VIce-Chancellor.
(3) The Pro-Vice-Chancellor shall be a whole-time salaried t•fficer of the Univ8rsity.
(4) The Pro-Vice-Chancellor shall hold office for a term of four years and shall be eldgible for re-appointment .
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(5) The salary and other conditions of service of the Pro- Vice-Chancellor shall be determmed by the Chancellor.
(6) Subject to the provisions of this Act and the Statutes, Ordinances and Regulations, the Chancellor may in con;;;ultation wi'~ h the Vice-Chancellor determine the powers and functions of the Pro-Vice-Chancellor.
12. The Registrar.-(l) The Syndicate shall appoint a person by ~he Government from among a panel containing the names of two persons furmshed hy the Syndicate to the Government, as Regis- trar of the Umversity for such period and on such terms as ma-y be prescribed by the Statutes.
o (2) Th2 Registrar shall be a whole time salaried officer of the University and shall exercise such powers and perform ;3._1ch duties as may be prescrrbed by the Statutes.
(3) Suits by or against the University shall be instituted by or against the Registrar.
13. The Controller of Examinations.-(l) The Syndicate shall appoint a person selected by the Government from a..'nong a panel containing the names of two persons furnished by the Syndicate to the Government, as Controller of Examinations 0f the University for such period and on such terms as may be prescnbed by the Statutes.
(2) The Controller of Examinations shall be a whole time salaried officer of the University and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
14. The Finance Officer.-(l) The Syndicate shall appoint a person seiected by the Government from among a panel containing the names of two persons furnished by the Syndicate to the Govern- ment, as Finance Officer of the University for such period and on such terms as may be prescribed by the Statutes.
(2) The Finance Officer shall be a whole time salaried officer of the llniversity and shall exercise such powers and perform such duties as may be prescribed by the Statutes
15. Appointments to be notified.-The appointments of the Vice-Chancellor, the Pro-Vice-Chancellor, the Registrar, the Colil troller of Examinations and the Finance Officer ~hall be notified in the Gazette.
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CHAPTER IV
Authorities of the University
16. Authorities of the University.-The followmg shall be authorities of the University, namely:-
(i) the Senate;
(ii) the Syndicate;
(iii) the Academic Council;
(iv) the Faculties; ( v) the Board of Studies;
(vi) the Students' Council;
(vii) the Finance Committee;
(viii) the Planning Board; and
(ix) such other boards or bodies of the Umversity as may be declared by the Statutes to be authorities of the University. ·
17. Senate.-The Senate shall consist of the following members, namely:-
Ex-officio Members
(1) The Chancellor.
(2) The Pro-Chancellor.
(3) The Vice-Cha:.ncellor. (4:) The Pro-Vice-Chancellor.
(5) The Finance Secretary to Government or an officer not below the rank of Joint Secretary nominated by him.
(6) The Director of Public Instruction.
(7) The Director of Collegiate Education.
(8) The Secretary to Government or an offic8r not belrnv the rank of Joint Secretary to Government. General Edt.cation Department to be nominated by the Government.
(9) The Secretary to Government or an o_fficer ~Jot below the rank of Joint Secretary to Government, Higher Education Department, to be nominated by the Government.
(10) The Director of Technical Education.
(11) The Director of Medical Education.
(12) The Chairman, State Advisory Board of Education .
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(13) Seven heads of University departments who are not otherwise members of the Senate, to be nominated in the order of seniority by the Chanceilor by rotation.
(14) Four Deans of the Faculties of the University who are not otherwise members of the Senate, to be nominated in the order of seniority by the Chancellor by rotation.
(15) The Chairman of the University Umon. Elected Members
(1) Eleven principals elected from among themselves of whom two shall be from among princip·-tls of Government Colleges, one from among principals of professional colleges and one from among principals of junior colleges 1(2) Twenty-five members, not being persons eligible to be
• elected under item (1), (4), (5), (6), (9), (10), (11) or·
(12) or under item (1), (4), (5), (6), (9), (10), (11) or
(12) under the heading "Elected Members" in section 17 of the Kerala University Act, 1974 or under item (1), (4), -~ {5), (6), (9), (10), (11) or (12) under the heading
"Elected Members" in section 17 of the Calicut University Act, 1975, elected by the registered graduates from among themselves, of whom one shall be a member nf a Scheduled Caste, one shall be a member of a Scheduled Tribe, one shall be the holder of a medical degree and (.'De shall be the holder of an engineering degree.
(3) Six members elected by the members of the Legislative Assembly of Kerala from among the members representing the electorate of the University area, of vrhom one shall be a member of a Scheduled Caste.
(4) Three members elected by the teachers of the Univen:;ity from among themselves.
(5) Three members elected by the teachers of Government colleges from among themselves.
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(6) Sixteen members elected by the teachers of private colleges from among themselves.
(7) Three members elected by the Mayors of Municipal Corporations, the Chairmen of municipalities and the presidents of panchayats within the University area from among themselves, of whom one shall be the Mayor of n Mtmicipal Corporation or the Chairman of a municipality •
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Two members elected by the registered Trade Unions in the University area designated by Statutes, from among their members.
(9) One member elected by the members of the non-teaching staff of the University from among themsehes. ' (10) Three members elected by the members of the non- teaching staff of the affiliated colleges from among themselves of whom one shall be a. member of the non-teaching staff of a Government College.
(11) Three members elected by the managers of the private colleges in the University area from among themselves.
(12) Fifteen members elected by the members of the General CoWlcil of the University Union from among full-time students, of whom one shall be a pos:-graduate student, one shall be a research scholar, one shall be the student of a professional college, five shall be lady students, one shall be a member of a Scheduled Caste and one shall be a member of a Scheduled Tribe.
Other Members
(1) Two headmasters of High Schools and two teachers of schools, situated within the University area, nominated by the Chancellor.
(2) Not more than eleven members nominated by the Chancellor representing (1) recognised research institutions; (ii) recognised cultural associations; (iii) chambers of commerce; (iv) industries; ( v) authors;
(vi) journalists; (vii) lawyers; (viii) sports ~md games;
(ix) linguistic minorities; (x) artists; and (xi) Anglo-Indians. ·
(3) Four students nominated by the Chancellor, one having outstanding academic ability in humanities, one having out~tanding ability in science, one havmg outstanding ability in sports and one having outstanding ability in fine arts.
18 Reconstitution of the Senate.-(1) The Senate shall be reconstituted every four years.
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(2) The term of office of any member referred to in items
(13) and (14) under the headmg "Ex-officw members" in section 1 ~ shall be two years from the date of his nomination .
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{3) Every member of the Senate, other than ex-officw members, shall, subJect to the provisions of this Act and the ~ Statute::!, hold office until the next reconstitution of the Senate:
Provided that no member nominated or .:lected in his capacity as a member of a particular body or as the holder of a particular office shall hol
Provided further that where an elected or nominated membEi of the Senate is appointed temporarily to any office, by virtue of which he is entitled to be a member of the Senate ex-officio, he shall by notice in writing signed by him and communicated to the Vice-
. Chancellor within seven days from the date of h1s taking charge of his appointment, choose whether he will continue to be a member ·Jf' of the Senate by virtue of his election or nomination or ·whether he will vacate office as such member and become a member ex-officio hy virtue of his appointment, and such choice shall be final:
Provided also that the term of office of a member referred tO' in item (12) under the heading "Elected Members'' in section 17 or of a member referred to in item (3) under the heading "Other Members'' in that section shall be one year from the date: of his election or nomination, as the case. may be.
Explanation.-For the removal of doubts it is hereby clarified that a member referred to in the preceding proviso shall not cease to be such member solely on the ground that h8 has ceased to be a student \vithin the period of one year specified in that proviso. ( 4) Notwithstanding anything contained in the first proviso to sub-Ecction (3), a principal elected under iiem (1), or a teacher of a Government college elected under item {5), or a te~wher of a private college elected under item (6), or a ·member of the non- teaching staff of an affiliated college elected :mder item (10), under the headjng "Elected Members" in section 17 shaH not cease to be a member of the Senate merely on the ground--
(a) that he has been institution within the State, limits of the University; or transferred to an
situated beyond the
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(b) that the college of which he is the principal or in which he is a teacher or a member of the non-teaehmg staff has been transferred to an~ther University; or
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(c) in the case of a teacher, that he has been promoted as
(5) Notwithstanding anything contained in this Act or in the Statutes, no person elected lUlder item (2) under the heading
"Elected members" in section 17 shall cease to be a member of the Senafe merely on the grolUld that he has ceased to be employed or normally resident within the territorial limits of the University.
(G) On failure of a member to make the choice under the second proviso to sub-section (3), he shfLll be deemed to have vacated his office as an elected or nominated member. (
(7) When a person ceases to be a member of the Senate, he shall cease to be a member. of any of the authorities of the1Jniversity of which he may happen to be a member by virtue of his membership of the Senate.
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. Provided that no Regulation shall be canl.!elled or amended by the Senate without giving the J\cadernic Council an opportunity to state its opinion on the proposld cancellation or amendment;
(d) to institute fellowships, scholarships, studentships, bursaries, medals and prizes and organise exhibitions :n accordance with the provisions of this Act and the Statutes, Ordinances and Regulations;
(e) to institute professorships, readerships, lecturerships and such other teaching or research posts as it may deem mcessary:
Provided that no professorship, readership. lecturership or other teaching or research post shall be instituted by the Senate without the previous approval of the Government if it involves expenditure in excess of the budgetary provision ;
(f) to establish and maintain such institutions as it • may from time to time deem necessary; C
(g) to prescribe with the previous concurrence of the Government the terms and conditions. of service of the employees of the University;
. (h) with the previous concurrence of the Government, to regulate the emoluments and prescribe the duties and conditions of service of teachers and non-teaching staff in private colleges;
(i) to review and take such action as it may deem fit on the annual report and the annual accounts of the University which shall be placed before it by the Syndicate and to consider and pass the budget according to the provisions of the Statutes;
(j) to cancel any degree, diploma, title or hllY other distinction granted to any person in accordance witij the provisions of the Statutes; ·
(k) to appoint comnrittees and to deiegate to them such functio~s of the Senate as it may deem fit;
(I) to make Statutes regulating the method of election to the authorities of the University, the procedure at the meetings of the Senate, the Syndicate and oth~ authorities af the University and the •luorum of members required for the transaction of business by the authorities of the University other than the Senate;
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(m) to recommend to the Government the recognition of any local area within the University area as a University centre;
(n) to co-operate with other Universities and other authorities in such manner and for such purpnses as it may determine; ,.
(o) to exercise such other powers and perform such other functions as may be assigned to 1t by this Act and the Statutes.
20. Meetings of the Senate.-(1) The Senate shall meet at least once in four months on dates to be fixed by the VIce-Chancellor and one cf such meetings shall be called the annual meeting.
(2) One-fifth of the total number of members of the Senate • shall be the quorum for a meeting of the Senate:
Provided that such quorum shall not be required for a ·~ Convocation of the University or a meeting of lhe Senate held for the purpose of conferring degrees, titles, diplomas or other dislinctions. (~) The Vice-Chancellor may, whenever he thinks fit and shall, within thirty days of the receipt of a requisition in writing signed by not less than one-fourth oi the total number of members of the Senate, convene a special meeting of the Senate. (4.) When a special meeting is convened on requisition, no subject other than that shown in the requisition shall be considered at the meeting.
21. The Syndicate.-The Syndicate shall be the chief executive body of the University and shall consist of the following members namelv·-~ .
Ex-officio Members
(a) The Vice-Chancellor.
(b) The Pro-Vice-Chancellor.
(c) The Secretary to Government, Higher Education Department or an officer not below the rank of Joint Secretary nominated by him.
(d) The Director of Collegiate Education.
(e) The Director of Public Instruction.
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(a) Thirteen members elected by the Senate from among themselves, of whom: (i) two shall be Principals of first grade colleges; (ii) four shall be teachers who are not prmcipal~, of whom one shall be a University teacher and one s_hall be a teacher of a .-... Government college, and (ill) one shall be a member of a Scheduled Caste or a Scheduled Tribe.
(b) One member elected by the Senate from among the members referred to-
(i) in item (16) under the heading "8x-officio Members";
(ii) in item (12) under the heading "Elected Members"; and
(iii) in item (3) under the heading "Other Members", in section l7.
22. Term of office of members of Syndicate.-(1). Members of JV'
the Syndicate, other than ex-officio members, shall hold office for a term of four years from the date of their clec1ion:
Provided that no person elected in his capacity as a member of a particular body or as th~ holder of a particular office shall be a member of the Syndicate for a longer period than three months after he has ceased to be such member or holder of such office · unless in the meanwhile he agam becomes a member of that electorate or the holder of that office:
Provided further that the member referred to in item (b) under the heading "Other Members" m section 21 shall hold office for a pe::riod of one year from the date of his election or till he ceases to be a member of the Senate, whichever is earlier:
Provided also that a member other than an ex-officio member shall, notwithstanding the expiration of his term, continue to hold offi<:!e until his successor is elected:
Provided also that no person other than an ex-officio member
"'b::tll be eligible to hold office for more than two terms in succession.
(2) Not.withstandmg anything contained m the first proviso to sub-section (1), a member of the Syndicate referred to in sub- item (i) of item (a) under the headmg "Other Members" in sec:tion 21 or referred to in sub-item (ii) of that' item who is a teacher of
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-; private college or a Government College, shall not cease to be ~uch member merely on the ground. that-
(a) he has been transferred to an educational inst1tut10n within the State, sttuated beyond the territorial llmits of the University; or
. (b) the college of which he IS the principal or in which he IS a teacher has been transferred to another University, or ·• (c) in the case of a teacher, he has been promoLecl as principal.
23. Powers of Syndwate.-Subject to the provisions of this Act and the Statutes, the executive po\-vers of the Umvers1ty Including the gene1·2.l supermtendence and control over the mstitu- tions of the Umverstty shall be vested m the Syndtcate and subject likewise the Syndicate shall have the following powers, namely:-
.,. (1) to affiliate institut10ns m accordance with the terms and condit10ns of such affiliatiOn prescribed m this Act aud the Statutes,
Senate;
(ii) to make Ordinances and to amend or repeal the s~me;
(iii) to propose Statutes for the consideratiOn of the
(iv) to hold, control and admmtster the properties and fLmds of the Umverstty;
(v) •to dtrect the form, custody and use of the ccmmon seal of the University;
(vi) to arrange for and direct the mspectwn of colieges, bostels and other mstitutwns and to ronstttutc a Board of Inspection for that purpose, •
(vti) to establish, mamtain and manage colleges 'and mstttutes of research and other institutiOns of higher learnn.g as Il may from ttme to time deem necessary;
(viti) to appomt teachers and other employees oi the Umvcrstty and prescribe their duties;
(ix) to create admmistrattve, mmistenal and other' necessary posts·
Provided that no post shall be created by the Syndtcate \ .. :ithout the pnor approval of the Government if creation of such post mvolves expenditure m excess of the budgetary provisiOn .
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Provided further that no admmistrat1ve or ministerial post of and above the rank of section officer shall be created by the Syndicate Without the prwr approval of the Government;
(x) to suspend, discharge, dismiss or otherwise take any disciplinary action against teachers and other employees of the University after g1vmg them reasonable opportunity to defend their position;
(xi) w1th the previous sanctiOn of the Government, to fix and regulate the fee payable by students m colleges affiliated to the Umversity;
(xli) to award fellowships, scholarships, studentships, bursaries, medals and pnzes;
(xili) to maintain, superv1se and control the residence and discipline of students;
(XIV) to consider the financial estimates of the University and submit them to the Senate in accordance with the provisions of the Statutes made in this behalf;
(xv) to conduct Umvers1ty examinatiOns and approve and ~- publish the results thereof;
(xvi) to appomt members to the Boards of Studies; (xvil) to approve panel of examiners and to fix their remuneration;
(xv1ii) to approve the appomtment of teachers in private colleges;
txix) to delegate any of its powers to the VICe-Chancellor or to a committee appointed from among its members; •.
(xx) to arrange for and direct the investigation mto the affairs of pr1vate colleges, to issue instructiOns for maintaining their effiCiency, for ensuring proper conditions of employment of members of their staff and payment of adequate salaries to them and in case of disregard of such.mstructions, to modify the conditions of affiliation or recognition or take such other steps as it deems proper ln that behalf;
, (xx1) to withhold' or cancel the result of any candidate at any Umversity examinatiOn;
(xxil) to accept endowments, bequests, donations and transfers of any movable and immovable properties to the Umversity on 1ts behalf, provided that all such endowments, bequests, dona- tions and transfer shall be reported to the Senate at 1ts next meeting;
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(xxili) to exercise the powers of the clause (xxvii) of section 5; University under
• ' ' (XXIV) to exercise such other powers and perforro such other duties as may be prescribed by this Act, the Statutes, the Ordmances, the rules, the bye-laws and the orders.
24. The Academw Council.-(1) The Academic Council shall be the academic body of the University.
(2) The Academic Council shall, subject to the provlsions of this .Act and the Statutes, control and regulate, and be responsible for the maintenance of standards, of instruction, education and exammations withiri the Umvers1ty, and shall exercise such other powers and perform such other duties as may be conferred or imposed upon 1t by the Statutes.
(3) The Academic Council shall consist of the following members, namely:-
(a) the VIce-Chancellor;
(b) the Pro-Vice-Chancellor;
(c) the Director of Public Instruction;
(d) the Director of Technical Education;
(e) the Director of Collegiate EducatiOn;
(f) the D1rector of Research and Stud1es;
(g) the Director of Physical Education ;
(h) the Director of Medical Education; ( 1) the Deans of Faculties;
(j) the Chairman and the General Secretary of the University Umon;
(k) all the Heads of University Departments of Study and Research who are not Deans of Faculties;
(I) all members of the Syndicate who are not otherwise members of .the Academic Council;
(m) five members (other than Deans of Faculties) of whom at least one shall be a Principal of a Government professional college, elected by the principals of professional colleges from among themselves;
(n) seven members (other than Deans of Facultles) ot whom at least one shall be a Principal of a Government college, elected by the principals of first grade colleges, other_ than ·colleges of oriental languages, from among themselves; ·
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(o) two members (other than Deans of Faculties) elected by the Prmcipals of Junior colleges from among themselves;
(p) one Principal of a college of onental languages, not bemg a Dean of faculty, nominated by the Chancellor. by rotation according to seniority;
(q) one member each of every subject of study (nol being "
a Dean of Faculty or head of a University Department or prmcipal) elected by the teachers of that subject from among themselves;
(r) 'one headmasler and one teacher of a secondary school in the Umversity area nominated by the Chancellor;
(s) one member representing each faculty, elected by the full-time post-graduate students, of the faculty from among themselves; •
_( t) seven external experts to be
Chancellor of whom two shall be experts in management or mdustrial technology;
nominated by the
commerce, business
( 4) Members of the Academic Council, other than the members specified m clauses (a) to (h) of sub-section (3), f.hall • hold office for a term of four years from the date of their appoint- ment• or nomination, as the case may be:
Provided that a per~on who has become a member of the Academic Council m the capacity of a student shall cease to hold office on h1s ~easing to be a student:
Provided further that a person who has become a member of the academic council in the capacity of a post graduate student shall cease to hold office on h1s ceasmg to be a post graduate student .
. 25 Powers and duties of Academic Council.-Subject to the provisions of this Act and the Statutes, the Academic Council shall have the followmg powers, duties and functiOns, namely.-
(i) to advise the Senate and the Syndicate on all academic matters;
( il) to make Regulations and to amend or repeal the same;
(iii) to prescribe the courses of studies m the institutions main tamed by, or affiliated to, the University; 25j686JMC. . . "'--·-..... •
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(iv) to prescribe the qualifications of teachers;
(a) m colleges; and .
(b) m the mst1tutwns mamtamed by.~the University;
(v) to prescribe the quahficatwns for admission of students to the various courses of studies and to the examinations and the conditions under which exemptions may be granted; •
(vi) to make P.rov1sion for the admission of ,students to the various courses of stu(iles on the basis of merit in order to maintain standards of education;
(vit) to make proposals for the instruction and training 1n such branches of learning as 1t may think fit; ·
(viii) to make proposals for research and ·advancement and dissemmatwn of knowledge;
" (ix) to make proposals for the mstitut10n of professorships, readerships, Iecturersh1ps and other teachmg and research posts required by the Umversity;
(x) to make proposals for· the mstitution of fellowships, travelling fellowships, scholarships, studentships, medals and p~izes;
(xi) to make proposals for determmihg what degrees, diplomas and other academic distinctiOns shall be granted by the
"Cniversity;
(xii) to decide what examinations of other Universiti~s may be accepted as equivalent to those of the University and to negotiate with other Umversitles for the recognition of the examinatiOns cf the University;
(xiii) to arrange for the co-ordmatwn of studies and teach- ing m affiliated colleges and recognised institutions;
• (xi\7) to exercise such other powers and perform such other duties as may be conferred or Imposed on it by this Act or the Statutes, Ordinances, R€gulations, Rules, or Bye-laws.
26. Faculttes.-(1) The Umversity may have such faculties as may be pres.cribed by the Statutes from time to time.
(2) Each faculty shall, subject to the control of the Academic Council, have charge of the teaching and the courses of study and research in such subjects as may be assigned to such faculty by the Ordinances or Regulations .
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(3) Ea~h Faculty shall consist of- ( a) the Chairman of the Boards of Studies comprised in the faculty;
(b) two members elected from each Board of'Stud1es; and
(c) not less than five and not more . than ten members nommated by the Syndicate of whom two shairbe external experts.
(4) Each faculty shall comprise such departments of teaching as may be prescribed by the Ordinances.
(5) Subject to the provisions of this Act' each faculty shall exercise such powers and perform such duties as may be prescribed by the Statutes.
(6) The members of faculties mentioned in sub-section (3) shall hold office for a period of three years from the date of the1r nomination or election, as the case may be.
27. Deans of faculties.- (1) There shall be a Dean of each faculty, who shall be nominated by the Chancellor in consultation with the Vice-Chancellor by rotation from among the Heads of University Departments or Professors.
(2) The Dean of each faculty shall be responsible for the due observance of the Statutes, Ordmances, Regulations and Bye-la\vs relating to that faculty.
(3) The Dean of a faculty shall hold office for a term of two years and shall be ehgible for renommation.
28. Boards of Studws.-(1) There shall be a Board of Studies attached to each Department of Study in the University:
Provided however that post-graduate studies m each department may have separate Board of Studies.
(2) The constitutiOn and powers of the Boards of StudiE'S ~hall be prescribed by the Statutes.
(3) Members of the Boards of Studies shall hold office for a period of three years from the date of their entering upon office. '
29 Students' Council.-(1) There shall be a Students' CouncH m the University.
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(2) The Students' Council shall consist of the following members, namely:-
Ex officio Members '
(a) The VIce-Chancellor who shall be the Chairman of the Council.
(b) The Chairman of the University Umon.
(c) The General Secretary of the University Umon.
(d) The Director, National Cadet Corps.
(e) The Officer-in-charge of the National Service Scheme m the Umversity.
(f) The Director of Physical EducatiOn.
(g) The Director of Youth Affairs who shall be. the Vice- Chairman of the Council. ·
Elected Members
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(a) Flfteen members, not being members of the Smate or the Academic Council, elected by the members of the General Council of the University Umon from among themselves, of whom fivf' shall be women and' two shall be members of a Scheduled Caste or a Scheduled Tribe.
(b) Three members elected from among the full-time students of the departments of the University in such manner as may be prfscribed. ·
tc) Two members, other than students, elected by the members of the Senate from among themselves.
(d) One member elected by the members of the Synd1cate from among themselves.
(e) One member elected by the members of the Academic Council from among themselves.
Other Members
Five students who have distmguished themselves m academic .field, sports or fine arts, nominated by the VIce-Chancellor after giving due consideration to the representation of special interests.
(3) A member nominated by the Vice-Chancellor in consulta-. tion with the Chairman of the University Union, from among the elected student members of the Council shall be the Secretary to the Council.
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(4) The members of the Students' Counc1l other than t;..c officio· members shall hold oJ;fice for a term of one year from the date of their election or nommation, as the case may be.
30. Powers and duties of Students' Council.-(1) Subje<'t to the provisions of this Act and the Statutes, the Students' Council ~ .. 8hall have the following powers, duties and functions, namely:-
(a) to make recommendatiOns to the Syndicate and to the Academic Council in matters affecting the academic work of the students, such as the structure of courses and pattern of instruction, the corporate life of the Umversity in so far as it concerns the students, and the co-curncular and extra-curricular activities in the Umversity;
(b) to make suggestiOns to the Syndicate and the Academic Council in respect of all rules relating to discipline or welfare of the students, sports, working of literary and other societies, manage- ment of hostels, student homes and non-resident student centres, extensiOn work, social work, students' health, National Service Scheme and National Cadet Corps and such other matters as may be specified in the Statutes.
(c) to communicate its views, observations and recommenda- tiGns to any authority of the University in respect of any matter which concerns the students:
Provided that if any question anses as to whether a matter does or does not concern the students, the question shall be decided by the Chairman of the Students' Council and his decision shall be final;
(d) to take such steps as are necessary for the general welfare of students;
(e) to exercise such other powers and perform such other duties as may be conferred or imposed on it by this Act or the :-::tatutes, Ordmances or RegulatiOns.
(2) The Vice-Chancellor shall cause to be laid before the SenatC' and the Students' Council m such manner as may be prescnbed by the Statutes, periodical reports detailing the recom- mendations and suggestions made by the Students' Council. the action taken thereon by the authorities to which such recommendatiOns and suggestiOns were made, and If no action was taken by the authontles to which such recommendations and sug- gestions were made, the reason thereof .
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31. Finance Committee.- (1) T~re shall be a Finance Com-' mittee to give advice to the University on any question affecting Its finances. '
(2) The Finance Committee shall cons1st of the followmg *" members, namely:~
(a) the Vice-Chancellor, who shall be the Chairman;
(b) the Pro-Vice-Chancellor, 1f any;
(c) one member elected by the members of the Senate from among themselves;
(d) three members elected by the members of the Syndicate of whom (i) two shall be Deans of Faculties; and (ii) one shall be from among the members of the Syndicate elected from the Senate; ·
(e)· one member elected by the members of the Academic Council from among themselves;
(f) the Finance Secretary to Government or an officer -....- not below the rank of Joint Secretary nominated by him;
.(g) the Secretacy to Government, Higher Education Department or an officer not below the rank of Joint Secretary nommated by him.
(3) The Fmance Officer shall be the Secretary of the Finance Committee.
( 4) The powers and functions of the Finanre Committee and its procedure in financial matters, including the delegation of its powers, shall be prescribed by the Statutes.
32. Planning Board.-(1) There shall be a Planning Board which shall be the pnncipal planning body -df the Umversity to advise the Syndicate and the academ1c counc1l on any matter which the board considers necessary for the fulfilment of the objectives of the University . .. ·-(2) The Planning Board shall consist of the following members, namely:-
(a) the Vice-Chancellor who shall be the Chairman,
(b) three heads of University departmentR to be nomi- nated by the Vice-Chancellor;
(c) One expert to be nommated by the Chancellor;
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(d) two members to be nominated by the University Grants Commisswn;
(e) the Secretary to Government, Higher Education Department or an Officer not below the rank of .Joint Secretary to Government nominated by him;
(f) the member, State Planning Board in charge of Education;
(g) the Regtstrar of the University;
(h) the Finance Officer of the Umversity who shall be the Secretary of the Board.
( 3) The members of the Planning Board mentioned in clauses (b) and (c) of sub-section (2) shall hold offie
(4.) The powers and functions of the Planning Board shall be prescribed by the Statutes.
33. Other authoritws of Universtty.-The constitution, powers and duties of such other authonties as may be declared by the .._,, Statute3 to be the authorities of the University shall be prescribed by the Statutes. . .
34. DtSqualtficatiofl.S for membership.-(!) No person shall be quahfied for election or nommat10n or appointment as a mer.1ber of any of the authonties of the University or for contmuing as such member, if he-
(a) Is below twenty-five years of age; or
. (b) IS of unsound mind or a deaf-mute, or
(c) is an undischarged msolvent; or
(d) has been convicted by a court of law of an ':>ffence mvolvmg moral delinquency; or . ,.
te) has been debarred by any Uruversity trom appearing m examinations, for malpractices m tonnectiOn with any exammation ·
Provided that clause (a) shall not apply to a person elected or nominated in the capacity of a student to any of the said authorities:
P~ovided further that the disqualification of a person under 'clause (e) shall cease on the expiry of the period for which he has been debarred.
· (2) If any question arises as to whether any person is disqualified under sub-section (1), the question shall be referred to the Chancellor and his decision thereon shall be final.
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CHAPTER V
Statutes, Ordlnances, Regulations, Rules and Bye--laM
35. The Statutes.-Subject to the provision:. of this Act, the Statutes may provide for all or any of the foll(lwmg matters, namely:-
• (aJ the powers and dut1es of the officers of the University, not specifically provided for in this Act, (b J the <'onstltutwn, powers and dutJ.es of the authorities '"It the University, not specifically prov1ded for in this Act;
(c) the procedure for election of members ot the Senate, the Syndicate, the Academic Council and other authonties of the lJuiverstty and all such other matters relating to these bodies, as may be r1ecessary or desirable to prov1de;
(d) the award of degrees, dtplomas, t1tles, cert1ficates, and l)ther academic distinctions by the University; -.,.- (e) the Withdrawal or CancellatiOn Of degree8, diplomas, titles, ce!'tificates and other academic distinctions;
(f) the maintenance of a register of registered graduates;
(g) the holdmg of convocatiOns to confer degrees;
(h) the cond1tions and procedure for aftihat wn of colleges,
(1) the conferment of honorary degrees;
(J) the maintenance of the accounts and the preparatiOn and passmg of the annual budget of the Umvers1ty; '
(k) all other matters wh1ch by this Act are to be, or may be, prescribed by Statutes.
36. Procedure for makmg Statutes- (1) The ~enate may of its own motion take into consideration the draft of a Statute:
Provided that, m any such case, before a Stat1.1te 1s passed, the Senate shall obtam and cons1der the opinion of the Syndicate.
(2) The Syndtcate may propose to ,the Senate the draft of any Statute for consideratiOn and such draft shall be considered hy the Senate at its next meetmg.
(~) The Senate may approve the draft ot a Statute pro- posed by the Syndicate and pass the Statute or may reject it or return 1t to the Syndicate for reconsideration, e1ther m whole or ~ part, together with amendments which the Senate may suggest. 25iG86jMC
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( 4) After any draft returned by the Senate under sub. section (3) has been further considered by the Syndicate, together wtth any amendment. suggested by the ·senate, 1t. shall be agam uresented to the Senate w1th the report of the Syndicate thereon, and the Senate may then deal with the draft in any manner it thinks fit.
(5) Where any Statute has been passed by the Senate, 1t Phall be submitted to the Chancellor who may refPr the Statute oack to the Senate for further consideration or assent thereto or w1thhold h1s assent:
Provided that a Statute or amendment to a Statute passed cy the Senate wh1ch mvolves expenditure from the Umversity f'und shall be submitted to the Government who shall forward the ~arne to the Chancellor w1th their v1ews thereon.
(6) No Statute passed by the Senate shall be valid or come mto force until assented to by the Chancellor.
(7) The Syndicate shall not propose the draft of a Statute or of an amendment to a Statute affecting the statu::., powers or -.,.· ... onstitution of any authonty of the Univers1ty until such authority has been given an opportunity of ~pressing an opinion upon the proposal; and any opmion so expressed shall be m writing and shall be considered by the Senate ..
(8) No Statute providmg for the conditions tor, or pro- cedure relating to, the affiliation of private colleges shall be passed by the Senate without the previOus approval of the Government.
37. Ordinanres.-SubJect to the proVIsiOns of this Act ~.ud the Statutes, the Syndicate shall have power to makE:: Ordinances 1Jrovidmg for all or any of the following matters, namely:-
(a) the levy of fees m colleges and other institutions, by tlle Umvers1ty;
tb) the residence and discipline of students,
(c) the workload and pattern of teaching sta1f m colleges; (dJ the fixatiOn of the scales of pay of various posts m the University and the terms and conditions of serviCe of officers of the University:
Provided that no special pay or allowance or extrn ·remuneration af any descriptiOn whatsoever includmg ex·gratia payment or other benefits having financial implication shall be granted to any officer, teacher or other employee of the University wdthout the prior approval of the Government·
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Prov1ded further that no such·prior approval of the Government shall he necessary for incurrmg any such expenditure of a non- recurring nature ::.ubJect to a maximum of ten thousand rupees m th€ aggregate in a financial year;
(e) all other matters which by this Act or the Statutes are to be, or may be, provided for by the OrdinancPs.
38. Procedure for maktng Ordtnances.-(1) All Ordmances made under this Act shall have effect from such date as the Syndicate may direct, but every. Ordmance so mad<: and the repeal of any Ordmance shall be laid before the. Senate during the next succeeding meeting.
(2) If any Ordinance or repeal of an Ordmance is not laid lJetore thE' Senate as required by sub-section (1), the Ordinance shall lapse or, as the case may be, the Ordmance repealed shall rev1ve, after the next succeedmg meetmg of the Senate.
(3) Subject to the provisions of sub-section.s (1) and (2), the procedure to be followed in making, amending or repealing Ordinances shall be prescnbed by the Statutes.
(4) Every Ordmance and amendment to an Ordmance includ- ing repeal ·of an Ordmance which involves expenc.liture shall be submitted to the Government who shall forward the same to the Chn.ncellor with their views.
(5) No Ordmance or amendment to any Ordinance mcluding repea.l of an· Ordinance which mvolves expenditure shall be vahd or co_h1C mto force unless assented to by the Chancellllr.
39 Regulatwns -SubJect to the proV1s1ons of this Act, Statutes and the Ordmances, the Academic Counc1l may make H0t,'l.tlations providmg for all or any of the following matters, namely:-
( a) the courses of studies and the conduct examinat10ns;
(b) the admission of students to the vanous courses of Rtudy and to the exammat10ns;
(c) the qualifications of teachers;
(d) the appointment and prescription of dutle!-\ of the Boards of Studies and Exammers;
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(e) recognition of examinations, degrees a.nd diplomas of other Universities as eqmvalent to the exa.rninationR. degrees and diplomas of the University; and
(f) all other matters which under the proviSIOns of this Act, the Statutes and the Ordinances are to te, or may be \... prescribed by Regulations.
40. P1'ocedu1·e for making Regulatwns.- ( 1) .All Regulations made under this Act, shall have effect from such date as the Academ1c Council may direct, but every Regulation so made shall be laid before the Senate during Its next succeeding meeting.
(2) If any RegulatiOn or repeal of a Regulat1on is not laid before the Senate as reqmred by sub-sectiOn (1) the Regulation shull lapse or as the case may be, the RegulatiOn 1 €pealed shall revive, after the next succeedir1g meeting of the Senate.
(3) Subject to the provisions of sub-sect10nr. ll) and (2) the procedure to be followed m making, amending or repealing R(>gulatwns shall be prescribed by the Statutes.
41. Rules, bye-laws and orde·rs.-(1) The Syndicate shall hav~ power to make rules, bye-laws and orders not mconsistent with the provisiOns of this Act, the Statutes, the Ordinances aml the RegulatiOns, for the guidance and workmg of Boards and Commit- tees and other bodies constituted ·under the .provisions of th1s Aet or the Statutes or the OrdmiUlces or the Regulations and for regulating the procedure and conduct of busme~s at meeting of :my authority of the University other than the Senate.
(2) All such rules, bye-laws and orders shell have eff<>ct from such date a.c;; the Syndicate may direct; but every such rule, bye-law or order shall be submitted to the Senate durmg its next succeeding meeting.
(3) The Sen~te shall have power to cancel or modify any such rule, bye-law or order.
42. Publicatton in the Gazette.-All Statutes, Ordmance;:; and Regalaticns made under this Act shall be published in the Gazette.
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CHAPTER VI
El.ection to 'the Senate, the Syndicate and the other bodies of the University, filling up of vacancies and ~igna.t:ion removal etc., of members of authorities and bodie.-,
43. Election of members to the Senate, Synd1eaic and other bodies of the Umverstty.-The election of member~ to the Senate, the Syndicate and other bodies of the Umversity shall be held in accordance with the system of proportional rerrcsentat10n by n1eans of the single transferable vote and in accordance with the pr0cedurc prescribed by the Statutes, and the votmg at such electiOn sh~ I I be by secret ballot.
44. Filling up of vacancies.-(!) All vacancies among the members (other than ex-officio members) of any authority or body of the University by reason of death, resrgnat10n or otherwise shall be filled withm a penod not exceedmg s1x months, IJy the person or authority who or which appomted, elected or nominated the member whose place has become vacant.
· (2) Any person appomted, elected or nommatf.d under sub· section (1} shall hold office as member so long only as the member in whose place he is appomted, elected or nominatl-'rl, as th~ case may be, would have been entitled to hold office If the vacancy had not OCCUlTed.
45. Restgnatwn or removal of members of a11y authontv '>T borly.-(1) Any member of any authonty or body of the University may resign his office by letter addressed to the Register and the resignation shall take effect on the date of receipt of the letter by the Registrar.
(2) The Senate may, on the recommendation of not less than two thirds of the number of members of the Syndicate, remove the name of any person convicted by a court of law nf any offence involving moral delinquency or pumshed by the University for
""" malpractice connected with any UmvPrsity e:~ammnlion from the register of registered graduates or remove any such person from membership of any authority or body o( the Umv"rsity and for the same reason may withdraw any degree or diploma conferred on or granted by the University .
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( 3) The Senate may also remove any pen-on from the membership of any authority or body of the Untversity :f he becomes of unsound mind or a deaf-mute or has applied to be adjudicated or has been adjudicated an msolvent .
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(4) If an elected member of any authont.y or body <>f the university fails to attend three consecutive meetings of that authority or body, he shall cease to pe a member of such authority or body and thereupon the Registrar shall mtimate him that he has ceased to be such member:
Provided that such authonty or body may, If satisfied that there was sufficient cause for the failure of the member to attend the meetings, restore him to Its membership.
CHAPTER VII
Finance
46. University Fund.-(1) All grants and loans received from th{.' State Government, the Government of India, the University Grants Commission and from any other source, all revenues of the University, all fees received, all incomes such as rent and profits der1ved from .properties and funds vested m the Umversity, all endowments and donatiOns received from any source whatsoevec, all other IDI5cellaneous receipts of the University and all deposits, remittances and serviCe funds, received m connection with the affairs of the Umversity shall form one consolidated fund styled "The Gandhiji Umversity Fund" and shall be employed for the purposes, and m the manner laid down in this Act and m the Statutes, Ordinances, rules, bye-laws and orders made thereunder:
Pronded that separate accounts may be mamtamed for specific purposes.
(2) All moneys m the GandhiJI University Fund shall be lodged lJl the Government Treasury or with the approval of the Government in the State Bank of India or Its subsidiaries upto such hmits as may be fixed by the Government.
• (3, The Umversity may mvest such part of th(' moneys in the
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secur1t1e::; or secunties guaranteed by the Government of India. ( :1) The custody of the GandhiJI Umverstty Fund,. the payment J)I moneys therein, the Withdrawal of moneys therefrom and all o1 her ancillary matters shall be regulated by the Statutes, Ordinances, rules and bye-laws made in that behalf.
47. Grants from Government.-(!) The Umver:;Hty shall receive as grantf: for 1ts mamtenance such sums, subJect to such condttions as may he fixed by the Government, from time to time. ·
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, (2) 'i'he Government may pay to the Umvers1ly such other grants, subject to such conditwns as they thinK fit, for specific purposes
48. Annual esttmates of income and expe11d1~ure.-(l) 'fhe :..: Syndicate shall prepare the financial estimates of the mcome and expenditure of the Umversity for the next ensu.ing year before such date as may be prescnbed by the Statutes and fm ward the same together With a memorandum conveymg explanatory notes thereon to the Senate for consideration.
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(2) The Senate shall consider the financial PSllmates at its annual meeting and shall approve It, either without &.lterationE or w1th such alterations as It may think fit.
49. Funds earmarked for a purpose not to be di lXrted without 11rinr approval of Government.-The University shall not,-
(a) without the prior approval ·of the Government,-
(I) divert funds earmarked for a purpose for any other purpose; or
(ii) implement any scheme which involvef3 any matching contribution from the State Government, or
(b) implement any scheme which imposes a recurring liability on the Government, after the assistance from the sponsoring authonty ceases.
50. Annual accounts.-(1) The annual a~counts of the University shall be prepared under the directions of the syndicate and shall be submitted to the Government for audit.
(2) The annual accounts together with the audit report thereon shall be published by the Syndicate and copies of such accounts and audit report shall be- placed before the Senate and ._ submitted to the G
(3) The annual accounts shall be considered by the Senate at its annual meetmg, and the Senate may pass resolutiOns with reference thereto and commumcate the same to the Syndicate which shall take action m accordance therewith.
51. Annual report.-(1) The annual report of the University shall be prepared under the direction of the Syndicate and shall be presented to the Senate for its review on or before such date- as may be prescribed by the Statutes.
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(2) The Senate may pass(resolutions on the annual report and communicate the resolutions to the Syndicate.
(3) The Syndicate shall inform the Senate of the action taken by it on tne resolutions passed by the Senale under sub sEction (2) \;.. and shall submit a copy of the annual report together with a copy of the resolutions, if any, of the Senate under sub-section (2) to the Governmeut.
( 4) The Government shall, as soon as the annual accounts and annual report are received, cause the same to be laid on the Table of the State Legislative Assembly.
52. Audit of accounts of the Umversity.-(1) The Government shall appoint auditors of the accounts of the Uruversity and the Institutions under the management of the University.
(2) The auditors shall maintain a continuous audit of the a.ccounts of the University and may, after givmg due intimation, conduct local audit of any institution under the management of the University. ....,..
(3) The University shall bear the cost of the audit as fixed bv the Government . . .
( 4) After completing the audit for a year or for any shorter period or for any transaction or series of transactions, the auditors shall send a report to the University and a duplicate copy thereof to the Government.
(5) The auditors shall specify in the report 1mder sub-section ( 4) all cases of irregular, illegal or improper expenditure or of. failure to recover moneys or other property due to the University or of any loss or waste of money or other property thereof caused by neglect or misconduct of the officers and authorities of the University.
(6) The auditors shall also report on any other matter relating to the accounts of the Univers1ty as may be required by the..4. Government.
(7) The University shall forthwith remedy any defect or irregularity pointed out by the Auditors and report the action taken to the Government.
(8) On consideration of a report of the auditors under this sEction the Government may, if they consider it necessary so to do, direct the University to comply with the provisions of sub-section (7) within such period as may be specified in ~he direction and the University shall comply with such direction .
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I CHAPTER Vlli Pri\'ate Co1Jeges and affiliation of Colleges 53-.. Defimtions -In thls~Chapter-
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(a) "corporate management" means an educational agency which manages more than one private college;
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(b) "umtary management" means an educat10nal agency which manages a private college.
51. Governmg body for private college under unitary manage· met!f.-(1) A u"nitary management shall const1tute m accordance with the provisions of the Statutes a governing body consisting of the following members, namely:-
{a) the manager of the private college;
(b) the prmc1pal of the private college;
"""( (c) a person nominated by the Umversity in accordance. w1th the pr~visions in that behalf contained in the Statutes;
(d) a person nominated by the Government;
(e) a person elected in accordance w1th such procedure as may be prescribed by the Statutes, by the permau~nt teachers of the private college from among themselves; -(f) the Chairman of the College Union;
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(g) a ·person elected in accordance w1th such procedure as may be prescribed by the Statutes, by the permanent members of the non·teaching staff of the pnvate college from among themselves; and
(h) not more than six per·.sons nominated by the umtary management.
{2) The manager of the private college shaU be the Chairman of the governmg body.
(3) It shall be the duty of the governmg body to adv1se the unitary management in all matters relating lo the administration of the private college, in accordance with the prov1sions of this Act and the Statutes, Ordinances, Regulatiol's, ruies, bye-laws and 01 ders made thereunder.
(4) The decisions of the governing body shall be taken at meetings on the basis of simple majority of the members present and voting.
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55. Managing council for pnvate colleges under corporate management.-(1) A corporate management shall constitute a managmg council for all the pnvate colleges under Its management, cone;isting of the following members, namely:-
(a) the manager of the private colleges;
(b) one principal by rotation in such manner as may be prescribed by the Statutes;
(c) a person nominated by the University in accordance with provisions in that behalf contained in the Statutes;
(d) a person nominated by the Goverument;
(e) two persons elected in accordance with such procedure as may be prescribed by the Statutes, by the permanent teachers of all the pnvate colleges, from among themselves;
(f) a person elected by the Chairmen of the College Unions of all the private colleges from among themselves;
(g) one person elected in accordance with ~uch procedure as """'. may be prescribed by the Statutes, by the permanent members of the non-teaching staff of all private colleges from among themselves; and
(h) not more than fifteen persons nommated by the corporate management.
(2) The manager of the private colleges shall be chairman of the managing council.
(3) It shall be the duty of tlle managing touncil to advise the corporate management in all matters relating to the adminis- tration of tlle private colleges, in accordance with the provisions of this Act and the Statutes, Ordinances, Regulations, rules, bye- laws and orders made thereunder.
(4) The decisions of the managing council shall be taken at meetings on the basis of simple majority of the members present and voting.
56. Manager.-(1) A unitary management or corporate management shall appoint a manager for the private coHege or for all the private colleges, as the case may be, under its management within the University area.
(2) The appointment or removal of the manager shall be intimated to the University by the unitary management or the
corporate management, as the case may be •
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(3) It shall be the duty of the manager to give effect to the
decisions of the unitary management or the corporate management, as the case may be.
( 4) The manager shall exercise such powers and discharge such duties as may be delegated to him by the unitary management
•. l or the corporate management, as the case may be.
(5) The manager shall furnish to the Director of Collegiate EduC'atl(ln audtted accounts of the grants gtven by the Government to tl1e private college or all the private colleges, as the case may be, of which he is the manager, within such time as may be specified by the Director of Collegiate Education in that behalf.
(6) Suits by or against a private college shall be instituted by or against the manager thereof.
(7} If the manager of a private college· is guilty uf mis- wanagement, malpractice, corruption' or maladministration, gross negligence of duty or disobedience of instructions issued by the Government or the University or is convicted for an offence involving moral turpitude, the Vke-Chancello:r; may, after givmg the m~nager
·""f· a reasonable opportunity to show cause against the action proposed to be taken against him and after due enquiry, declare him unfit to hold the office of manager and requrre the umlary management or the corporate management, as the case may be, to appoint a suttnble person as manager.
t8) Failure on the part of the manager to furnish accounts to the Director of Collegiate Education as required by sub-section (5) within the specified date or within such further time as may be allowed by the Director of Collegiate Education t>hall be sufficient cause for taking steps for the withdrawal of the grant to the private college or private colleges, as the case may be.
(9) Failure on the part of the manager of the management ..u obey the instructions issued by the Universily or the Government in regard to matters relating to the adminh;tration of the private college or the continuance in office of a person declared 1mfit under sub-section (7) shall be deemed to be sufficient cause for the with- drawal of tfie aid, grant or affiliation of the private college by the University or the Government, as the case may be.
57. Acts or proceedings of governtng body or managing cov:nctl nc.t to br invalulated.-N o act or proceeding of a governing body or managing council shall be inva1idated merely by reason of-
(a) any vacancy in, or any defect in the C(Jnst it.ulion of, the governing body or managing council not opposed to the fundamental principJE~ of law; or
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(b) any defect in the appointment of a person acting as a member of the governing body or managing council; or
(c) any irregularity in the procedure of lhe governing body or managing council not affecting the merits of the case.
58. Affilwtion of colleges.- (1) An applicatiOn for affiliation to the Univtrsity of any college or for affiliatiOn Lll new courses in any affiliated college shall be sent by the educatiO!lal agency to the Registrar within such time and in such manner <'S may be prescribed by t}1e Statutes.
(2) The terms and conditions of a1filiation of. a college or of affiliation in new courses ill an affiliated college and the procedure to be followed 'by the Syndicate in granting such affiliation, including the period within which the Syndicate shall consider an application under fiUb-section (1), shall be prescribed by lhe Statutes:
Provided that the Chancellor may, by notificatiOn in the Gazette, for reasons to be specified ill the notification, extend the period within which the Syndicate shall consider any .1pplication under sub- section (l), whether such period has already expired or not, by such -.,..· further periOd, not exceeding one year, as may be specified in such notification.
(3) Without prejudice to the generality of the provisions of ~ub-section (2), such Statutes may provide for the pattern of staff, ·,cales of pay and terms and conditiOns of service of members of the staff and admission and selection of students for courses and examinations.
59. Appatntment of t0achers in pnvate colleges.-(1) Appoh1tments to the lowest grade of teacher in each department of a private college shall be, made by the educationai agency by direct recruitment on the basis of merit.
(2) Appointments of principals shall be made, by the educational agency by promotiOn from among the teachers of the t;Ollege or of all the colleges, as the case. may be. or by direct recruit- ment.
(3) Where the appointment of principai is made by promotion, the edut>alional agency shall make the appointment on thE' basis of seniority-cum-fitness.
( 4) Appointments to the posts, other than those referred to in sub-sectiOns (1) and (2), shall be made by lhe educational agency by promotion from among the teachers of the college or of all the collegE's, as the case may be, on the basis of scmority·c,lm-fitnes!!, or, if none among them is fit for promotion, by J1rect recruitment .
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(5) For making appointment under this section by direct recruitment, the post shall be advertised m such maHner as may be prescribed by the Statutes.
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(6) Notwithstanding anything contamed in sub-sections (1) and ( 4), a teacher dJscharged from a pl'ivate college on or after the 14th day of March, 1974, due to abolition of a course of study in that colleg~ or for any other reason except dJsciphnary action agamst him shall be given preference in the matter of future appomtments in the private college or, as the case may be, any of the private colleges' under the management of the educational agency Within the University area.
(7) The educational agency shall not abolish a course of study m a private college without the pnor approval of the University.
(8) Every appomtment under this sectiOn shall be made by a \Vritten order of the manager m such form as may be prescrdbed by the Statutes, communicated to the person to be appomtcd, with copy to the Uruversity.
(9) Every appomtment w1der this sectlon shall be rcport,ed to the University for approval.
(10) Any person aggrieved by any appointment under this section may appeal to the Appdlate Tnbunal.
60. Qualtfications of teachers.-(1) Teachers of colleges shall possess such qualifications as may be prescribed by 1 he RegulatiOns.
(2) Notwithstanding anytlung contained m any law or m any Judgement, decree or order of any court or other authority, apy decision or order exemptmg any teacher from possessing the pres- cribed quahficatwns or approvmg the appomtment of any teacher who dtd not possess the prescribed qualifications or allowing any tf'acher who did not possess the prescnbed quahfication!3 to contmue m service, made by any authority or officer of the Umversity of Kerala under the Kerala University Act, 1974 (17 of 1974), before the commencement of this Act shall be deemed to have been made by the authority competent to make such decision or order under this Act as if this Act had been in force at the time when such decision .or order was made, and accordingly all such deciswns and orders shall be, and shall be deemcrl always to have reen, valid and m accordance With law. •
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61. Probation.-(1) Teachers of private colleges shall be on probation for a period of one year withm a period of two years:
• Provided that in exceptional cases, the period of probatwn may be extended by a period not exceedmg one year, subject to the prior approval of the Syndicate. '1...
Explanatwn.-Probation undergone by a teacher before the commencement of this Act shall be deemed to be probation for the purposes of this sub-sectiOn, provided such probation is within a period of two years Immediately before such commencement.
(2) Notwithstanding anythmg contamed in any contract or other document, any teacher workmg m a substantive vacancy at or after the commencement of this Act shall be deemed to be on }_Jrobation for the purposes of sub-section (1).
(3) The educatiOnal agency may, at any time before the prescribed pertod of probation, terminate the probation of the probationer for want of vacancy and dtscharge h1m from service if ~- he was appointed by direct recrUitment or revert him to his Original n.ppointment If the appomtment to the new post was by transfer or proll).otion.
( 4) Any probationer discharged
8CCtlon (3) shall be given preference
appointments to the same post.
or reverteu under sub-
in the matter of future
(5) On satisfactory completion of probation, the educational agency, shall confirm the teacher m the post and if the vacancy Is not a substantive vacancy, the teacher shall be allowed to continue m the post for the duratiOn of the vacancy. ·
(6) If, on the expiry of the prescnbed period of probatiOn, the educatwnal agency decides that the teacher is not suitable for continuance in the post in which he Is appomted, it shall discharge A. him l"Om service or revert lum to his ongmal appomtment, as the case may be, after giving him a reasonable opportumty of showing cause against the actiOn proposed to be taken m regard to him.
(7) Where the post held by the probationer 1s substantively vacant and before the expiry of one month from the prescribed period of probation he is not confirmed under sub-section (5) or IS not discharged or reverted under sub-section (6), he shall be deemed to have been confirmed m that post.
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(8) A probationer who is discharged or reverted under sub- ~ectwn (6) or who is discharged or reverted before the prescribed period of probation otherwise than on the ground of want of vacancy shall be entitled to appeal agamst the order of discharge or reversiOn to the Appellate Tribunal and the provisions of section 63 shall, mutatts mutandis a_pply to such appeals.
62. Conditions of service of teachers of Private Col"le[J(3s.- Notwithstanding anythmg contained in any law or in any contract or other document, the conditions of service of teachers t•f private colleges, whether appointed before or after the commence- ment of this Act including conditioi!s relating to pay, pension, provident fund, gratuity, insurance and age of retirement, shall be such as may be prescribed by the Statutes.
63. Dtsciplinary powers of Educatiortal Agency over teochers of Prwate Colleges.-(1) The Educational Agency may at any time place a teacher of a Private College under. suspension when any disciplinary proceedmgs IS proposed to be taken against him or when -""( such disciplinary proceedi!_lgs are pending.
(2) A teacher of a Private College who IS detained in custody whether on a cnmmal charge or otherwise for a period exceeding fourty-eight hours shall be deemed to have been suspended with effect from the date of detention by an order of the Educational Agency and shall remain under suspension until fmther orders.
(3) When a teacher of a private college 1s suspended for a period exceeding fifteen days, the matter together with the reasons tor the suspensiOn, shall be reported to the Vice-Chancellor.
(4) Any disciphnary proceedmgs against a teacher of a private college by the educational agency shall be completed within a period of three months or within such further period as may be allowed by the Vice-Chancellor.
). (5) No disciplinary action shall be taken against a teacher without givmg him a reasonable opportunity of showing cause agamst the actwn proposed to be taken against him.
(6) Any teacher aggrieved by an order imposing 011 him any of the following penalties, namely:-
{a) withholding of increment;
(b) recovery from pay of any pecuniary loss caused to the institution or the monetary value eqmvalent to the amou11t of increment ordered to be withheld;
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(c) reduction to a lower rank in the seniority list or to a lower grade or post; and
(d) 9ismissal from service, may, Withm s1xty days from the date on which a copy of such order is served on him, appeal to the Appellate Tnbunal on any one or more of the followmg grounds, namely·-
(i) that there 1s want of good faith in passmg the order,
(ii) that the order IS intended to victimise the appellant;
(iii) that in passmg the order, the educational agency has been gmlty of a basic error or vwlatwn of the principles of natural justice;
(iv) that the order is not based on any material or is perverse:
Provided that the Appellate Tribunal may admit an appeal presented after the expiration of the said period of sixty days if it is satl'.o.fied that the appellant had sufficient cause for not present- ing the appeal wtthin that period.
{7) On receipt of an appeal under sub-section ( 6), the Appellate Tribunal" may, after givmg the parties an opportumty of being heard, and after such further mquiry as may be nece~sary pass such order thereon as it may deem fit, including an order of reinstatement of the teacher concerned.
(8) Any order passed by the Appellate Tribunal under sub- section (7) may be executed through the Subordinate Judges Court having jurisdiction over the area m which the private college is situate as if It were a decree passed by that court. {9) Any person who objects to an order passed by the Appellate Trtbunal under sub-section (7) may, withm sixty days from t_he date on which a copy of such order 1s served on htm, "'- prefer a petition accompamed by court fee stamps of the value of ten rupees to the High Court on the ground that the Appellate Tribunal has e1ther dectded erroneously or failed to decide. any questiOn of law.
(10) The provisions of section 5 of the Limitatio"u Act, 1963 (Central Act 36 of 1963), shall be applicable to any proceedings under sub-section (9).
(11) The High Court .shall, after giving the parties an opportunity of being heard, pass such order on the petition, as it deems fit. '
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\2) Where the High Court passes any order under sub- section 11), the Appellate Tribunal shall amend the order passed by it in conformity with the order of the High Court.
64. DiJJcipl1:nary powers of Government over teache1 of Pnvate Colleges.-(1) Notwithstanding any thing contamed m this Act or in the Statutes, Ordmances or Regulations and subJect to such rules as may be made by Government in this behalf, the Government or such officer not below the rank of Deputy Director of Collegiate Education, as may be authorised by the Goverument in this behalf, shall have power to take disciplinary proce€dings against a teacher of a private college and to impose upon him all or any of the penalties specified by or under this Act:
Provided that before exercising the powers under this sub- t.ectwn, the Government or the authorised Officer, as the ease may be, shall intimate the manager regarding the circumstances requiring disriplinary actwn against the teacher concerned and give the manager a reasonable opportunity of taking disciplinary action and the Government or the authorised Officer, as the case may be, shall take diSCiplinary actwn against the teacher only if the manager falls to take appropriate disciplinary action.
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(2) The Government or the officer authorised under sub- section (1), as the case may be, may suspend a teacher of a private college when any disciplinary proceedings is proposed to be taken agamst him under that sub-section or when such disciplinary proreedmgs are pending .
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65. Past ·disputes relating to service conditions of teachers.- Notwithstandmg anything contained m any law for the time being in force, or in any contract or in any judgment, decree or order of any court or other authority any dispute between the manage- ment of a pnvate college and any teacher of that college relating to the conditions of service of such teacher pendmg at tht> com- mencement of this Act shall be decided under and in accordance with the provisions of this Act and the Statutes made thereunder.
66. Membership of Local Authorittes, etc.-A teacher of a private college shall not be disqualified for continuing as such teacher merely on the ground that he has been elected or nominated as a inember of a lo:::al authonty or of the Legislative Assembly of the State or of Parl.tiament.
67. Nan-teacMng staff of Prwate Colleges.-(1) The provisions of this Chapter shall, so far as may be, apply to the non-teaching staff of the pnvate colleges_.
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(2) Subject to the provisions of sub-section (1), the method of appomtment, pay and other conditions of service of the non- teaching staff of private colleges shall be such as may be prescribed by the Statutes.
68. Transfer of teachers to other Universities.-(!) Where an 'I... educational agency has colleges under the jurisdiction of the Gandhiji University and also under the jurisdiction of the Kerala university or the Cahcut University, the educational agency shall w1thm three months of the commencement of this Act or within such further period, not exceedmg three months, as may be granted by the Government for sufficient reason, prepare a seniority list of the teachers of all such colleges.
(2) Mter the preparati&n of the list under sub-section (1), the educational agency shall give a right of option to the teachers as to the University under the jurisdictiOn of whtch he opts to remain and the teachers shall be allotted to each University area in accordance with such option:
Provided th&t where the number of teachers who have opted to work under the jurisdiction of the Gandhiji University or the Kerala University or the Calicut University is more than the number required, allotment shall be made on the basis of seniority.
(3) Any teacher aggrieved by any entry in the list prepared under sub-section (1) or by the allotment under sub-c;ection (2) may appeal to the Government within sixty days from the date of communication of the list or order of allotment to him, and the decision of the Government thereon shall be final. ( 4) Where a teacher is allotted to a University area under this section he shall not be transferred to a college affiliated to any other University.
· (5) Nothing contained in this section shall apply in respect of prmcipals of private colleges.
69. Constitution of Appellate Tribunal.- (1) The Government shall constitute an Appellate Tribunal for the purposes of this Act.
(2) The Appellate Tribunal shall be a judicial offirer not below the rank of a District Judge nominated by the Chancellor in conc;ultation with the High Court. ·
(3) The term of office of the Appellate Tribunal shall be threo years f1Jom the date of its nomination. ..
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• (4:) The Appellate Tribunal shall have the power to make regulations consistent with the provisions of this. Act with the previous sanction of the Government for regulating 1ts procel.lure and disposal of its business.
(5) The regulations so made shall be published in the Gazette.
(6) The remuneration and other conditions of service of the Appellate Tribunal shall be such as may be prescribed by rules.
70. Bar of Jurisdiction of civil courts.-No civil court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or under this Act required to be settled, decided or dealt with or to be determined by any authority or person under this Act. ,.
71. Private cofleges to comply wtth provisions of Chapter u•1thin six months.-All private colleges extsting in the University area immediately before the commencement of this Act and affiliated to the University shall, within a period of six month~ from such commencement, comply with the provisions of this Chapter.
72. Colleges not complying with provisWns of this Act.-
(1) If the Syndicate is satisfied that any private college has not complied with any provision contained in this Act or in the Statutes, Ordinances, Regulations, bye-laws, orders or rules, it may recommend to the Government for withholding or discontinuing aid or grant or it may disaffiliate the college from the University:
Provided that before disaffiliating a college, the educational agency and the governing body or managing council, as the case may be, shall be given an opportunity of being heard.
(2) If, on a recommendation under sub-section (1), the Government are satisfied that any private college has not complied with any of the provisions of 1his Act or of the Statutes, Ordinances, Regulations, bye-laws, orders or rules, they may, by order, direct that the college shall not be given any aid or grant from the Government:
Provide.rl. that before making any such order, the educational agency and the governing body or managing council, as the case may be, shall be given an opportunity of being heard. '
73. Code of Conduct for teachers of ajJiJiated Colleg€.~.-(1) The Government shall, in consultation with the University and the representatives of the teachers, frame a Code of Conduct to be obsE-rved by the teachers of Government and private colleges .
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(2) Any teacher of a Government or private college whu contravenes any of the provisions of the Col., of Conduct shall be liable for disciplinary action which may involve the imposition of a major penalty.
74. Power of Government to cau.se inspection of Unwer~ity.-
(1) The Government shall havE:. the right to cause an inspection tu be made by such person or persons as they may direct, of ·the Uni- versity, its buildmgs, laboratories, libraries, museums, workshops and equipments and of any institution maintained, recognised or approved by, or a.fftliated to, the University, and also of the work conducted by the University, and to cause inquiry to be made iu respect )f any matter connected with the University.
(2) The Government shall, before taking any action undet sub-section (1), give notice to the Umversity of their intention to cause such inspection or inquiry to be made and the Umven:ity shall be entitled to be represented thereat.
(3) The Government shall communicate to the Syndicate th\:
result of any mspection or inquiry made under sub-section (1) and may, after ascertaining the opm10n of the Syndicate thereon, convey their views to the Senate and to the Syndicate.
(4) The Government may, after considermg the views of tht.. Senate and the Syndicate on the result of any inspection or inquiry under sub-section (1), advise the University upon the action to be taken in the matter.
(5) The syndicate shall report to the Government the actlo11, if an~, which is proposed to be taken, or has been taken, UlJOn the result of any mspection or inquiry under sub-section (1).
(6) A report tlm.der sub-section (5) shall be submitlt:d w1tu the opmion of the Senate thereon and withm such time as the Government may direct.
(7} Where the Senate or the Syndicate does not, withm a reasonable time, take any action referred to in sub-section (4) to the satisfaction of the Government, the Government may, after consider· ing any explanation furnished, or representation made, by the Senate or the Syndicate in the matter, issue such directions as they may think fit, and the Senate and the Syndicate shall comply with such directions within such time as may be specified in the dn·cctlons.
(8) The power of the Government to cause mspection under this section shall be m addition to and not 1n derogation of the power of the Government for inspection by or under any other provision of tlus Act, Statutes or Ordinances .
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75. Appointment .of Commission to inquire into the wol'king of Untverstty.-(l) The Government may at any time and shall, at the expiratiOn of ten years from the commencement of this Act and thereafter at the expiration of every ten years, by order published in the Gazette, constitute a Commission which shall consist of a Chairman and such other members not exceeding five as the Government may appoint, and such order shall define the procedure to be followed by the Commission.
• (2) The Commission constituted under sub-section (1) shall inquire into and report on-
"' (i) the working of the University during the period to which the inquiry relates;
(h) the financial position of the University including the financial position of Its colleges and departments;
(iii) any change to be made m the provisions of this Act or the Statutes, Ordinances, rules and bye-laws made thereunder with a VIew to bnnging about improvements in the affair.s of the University; and
(iv) such other matters as may be referred to it by the Government, and make such recommendatiOns to the Government as It thinks fit. ' , • ! t~:
(3) On receipt of the report and the recommendations of the CommissiOn under sub-section (2), the Government shall fot thwith refer such report and recommendations to the Senate for consideration and report.
( 4) Immediately after the Senate has considered the report s.nd recommendations of the CommissiOn and submitted Its report to the Government, the Government shall consider the report of the Senate .and pass such orders tliereon as they think fit and shall also cause the same to be published in the Gazette.
(5) The Senate shall be responsible for carrying into effect ;. any orders passed by the Government under sub-section (4) within six months.
76. Directiom by Government.-(!) The Government may after consultation with the Senate, give to the Senate directions of a general nature on matters which are not academic.
(2) In the exercise· of its powei,'s and performance of its functiOns under this Act, the Senate shall not depart from any directiOn given by the Government under sub-section (1) except with the prevwus permission of the Government .
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77. P(YIJ)er of Government to make ru~.-(1) The Govern- ment may, by notification in the Gazette, make rules not inconsistent with the provisions of this Act for the purpose of exercising the powers and discharging the duties conferred or imposed on the Government by this Act.'
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(2) Every rule made under this section shall be laid as soon as may be after It is made, before the Legislative Assembly whilE' it is in session for a total period of fourteen days which may be comprised in one session or in two successive session5, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modi- fication m the rule or decides that the rule should not be made, the rule 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 rule.
78. Reservation of appointm.ent&.-ln making appointments by direct recruitment to posts in any class or category under the University or to post of non-teaching staff in the University, the University shall mutatis mutandis observe the provisions of clauses (a), (b) and (c) of rule 14 and rules 15, 16, 17 and 17A of the Kerala State and Subordinate Service Rules, 1958, as amended from time to time.
79. Constitution of Selection Commtttees.-(1) The Chancellor shall, in consultation with the Syndicate, constitute from time to ,time, separate selection committees for the purpose of selection of candidates for direct recruitment to the posts of-
(i) Professors. (Ii) Readers, Lecturers and other posts not being posts of non-teaching staff. '
(ni) Non-teaching staff.
(2) The selection Committees shall consists of-
(a) in the case of the Selection Committee for selection of Professors,-
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(i) the .Vice-Chancellor,
(ii) a member of the Syndicate, nominated by the Chancellor,
(iii) two subject experts to be nominated by the Chancellot.
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(b) in the case of the Selection Committee for recruitment of Readers, Lecturers ~nd other teaching staff,-
(i) the Vice-Chancellor,
(ii) a member of the Synd1cate, nominated by the Chancellor,
(iil) head of the Department,
(iv) one expert to be nominated by the Chancellor. '
(c) in the case of the Selection Committee for recruitment of non-teaching staff,-
(i) Vice-Chancellor.
(ii) A member of the Syndicate, nominated by the Chancellor.
(iii) Registrar.
(3) No person shall be directly recruited to the teaching or non-teaching staff of the University except on the recommendation of the concerned Selection Committee constituted under sub- sectwn (1).
(4) The quorum for a meeting of a Selection Committee shall be three.
(5) The procedure to be followed by each Selection Committee for selection of candidates shall be prescribed by the Statutes.
(6) Where the oral test (interview) is proposed to be conduc- ted by the Selection Committee, the Committee shall invite the Head of the Department concerned to be present or to appoint a representa- tive to be present and the Head of Department or his representative so present, may take part in the deliberations of the Selection Com- mittee but shall, not be entitled to award marks:
Provided that the Selection Committee shall invite, where they consider 1t necessary, any person or persons with expert knowledge in particular subjects to be present at the interview to assist the Selection Comm1ttee but such person or persons shall not be entitled to award marks.
(7) It shall be the duty of the Heads of Departments or their representatives and persons with expert knowledge who are invited
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to be present at the interview, to be present at the appoinled time and co-operate with the Selection Committee in the conduct of the selection.
(8) Any person referred to in sub-section (7) being an employee of the Government ur a Umversity in the Slate who violates the provisiOns of that sub-section or misbehaves or acts in any manner so as to affect the fair conduct of a selectwn, shall be deemed to be guilty of misconduct and shall be hable for disciplinary action.
(9) The ranked lists prepared by the Selection Committees shall be published in the notice board of the University and also in the Gazette.
(10) A rank list published under sub-section (9) shall remain in force for a period of two years from the date of such publication and all vacancies arising during the period shall be filled up from the list so published.
(11) Communal rotation shall be followed category-wise treatmg all the departments as one unit.
(12) The Registrar shall maintain a register containing the list of appointment made mdicating the vacaJlcies filled up by open competition and by reservation to Scheduled Castes, Scheduled Tr1bes and Other Backward Classes, vacancies remaining to be filled up for want of qualified hands from Scheduled Castes, Scheduled Tribes and Other Backward Classes and vacancies carried forward for want of qualified hands under reservation quota for being filled up in future vacancies and such other details as may be specified in the Statutes.
(13) Where the Syndicate proposes to make an appointment otherwise than in accordance with t:Pe order of merit arrangt.d by the SelectiOn Committee, it shall record its reasons therefor m writing and submit them to the Chancellor who may approve the proposal or return It to the Syndicate for reconsideration.
(14) After reconsideration in pursuance of sub-sectwn (13), if the Syndicate desires to pursue its original proposal, it shall refer the matter again to the Chancellor for his decision and the decision of the Chancellor thereon shall be final.
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(15) The Chancellor shall have the power to give directiOn~ to
. the VIc~Chancf'llor to cancel appointments made not m accordance with the' provisions of this section: ·
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Provided that before givmg a direction under this sub-section · the Chancellor shall give to the person so appointed a reasonable opportumty to show cause why such directiOn should not be given and shall consider his explanations and objections, if any.
(16) If at any time it is disclosed that a person has secured appointment to any post under the University by making any false statement before the Se1lectwn Committee or dn any application submitted by him or by producing any false documents, his appoint- ment shall, without preJudice to any other action that any be taken against him, be cancelled by the VIce-Chancellor:
Provided that before. cancelling an appointment under this sub- section, the Vice-Chancellor shall give to the person so a~pointed, a reasonable opportumty to show cause why the appointment should not be cancelled and shall consider his explanations and objections, · if any.
80. Conditions of Service.-(1) Save as otherwise provided by or under this Act every salaried officer and teacher of the Uni- versity shall be appointed by a written order.
(2) The written order referred to in sub-section (1) shall be lodged with. the Registrar and a copy thereof shall be furnished to the officer or teacher concerned.
(3) Any dispute between any officer or teacher of the Univer- sity and the Uuiversity shall, on the request of the University or the officer or teacher concerned be referred to the Appellate Tribunal for decision, and thereupon, the provisions of sub-sections (7), (8), (9), (10), (11) and (12) of section 63 and the regulations made by the Tribunal under section 69 shall mutatis mutandis apply to the decision of such dispute.
81. Pension, Insurance and Provident Fund.-With the previous approval of the Government, the University shall make appropriate ;. previsions for the benefit of its officers, teachers and other servants under its control in matters of insurance, pension and provident fund and for such other benefits as it may deem fit in such manner as may be prescribed by the Ordinances.
82; Proceedings of the U'nliversity and bodies not to be invalidated by vacancies.-No act or proceeding of the Senate, the Syndicate, the Academic Council or other body constituted under this Act or the Statutes or the Ordinances shall be deemed to b~ invalid merely by reason of any vacancy in the body doing or passmg it, at
the time any such act or proceeding is done or passed. 215t686iMC.
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83. Proceedings of the Senate, Syndtcafe and Academic Cotmctl.-The Registrar shall forward to the Government within one month of the date of any meeting of the Senate or the ::)yndicate or the Academic Council copies of the proceedings of such rr.eetings.
84. D1spute as to constitutwn of University Authority
85. Report on affiliated colleges.-The Vice-Chancellor shall, at the end of every three years from the commencement of this Act submit a report to the Government on the conditions of affiliated colleges.
86. · Protection of acts and orders.-All acts and orders duly and m good faith done or passed by the Umversity or any of Its authorities, bodies or officers shall be final; and no suit shall be mstitutcd against, or damage claimed from, the University or 1ts authorities, bodies or officers for anything done or purporting to be done in pursuance of this Act and the Statutes, Ordinances, Regulations, rules, bye-laws and orders made thereunder.
87. Instituttons affiliated to University.-(l) All colleges existing in the Umversity area immediately before the commence- m{'nt of this Act shall stand affiliated to the University.
(2) The Government may, at any time, transfer to the Uni- versity any mstltution subject to such terms and cond1t.Ions as may be agreed upon between the Government and the University as regards 1ts future maintenance and control.
88. Duty of teachers, etc., in connectwn with Umversity examinat1ons.-(l) It shall be the duty of a teacher or a member of the non-teaching staff of an affiliated college or an offi<'er, t{'acher or other employee of the University to do any work in connection with an examination conducted by the University which he is required by the competent officer or authority of the University to do.
(2) If any teacher or member of the non-teaching staff of an affiliated college or any officer, teacher or other employee of the
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University refuses without sufficient cause to the satisfaction of,--
(a) m the case of a teacher or a member of the non-tP.aching staff of an affiliated college, an officer not below the rank of Deputy Du ector of Collegiate Education authorised by the Government in this behalf; and
(b) in the case of an officer, teacher or other empLoyee of the Umversity, the Vice-Chancellor,
to do any work in connection .with an examination conducted by the University when required to do so by the competent Office1' or autho- rity of lhe Umvers1ty, he shall, without prejudice to any other action thac may be taken against him, forfeit his pay and allowances for a perwd of two months commencing on the date of commencement of the examinatiOn.
Explanatwn.-Failure to comply w1th the requisition of the competent officer or authority of the University shall be deemed to be refusal for the purposes of this sub-section. ·
(3) An order of forfeiture under sub-sectiOn (2) shall be made,-
(a) in the case of a teacher or a member of the non-teach- ing staff of an affiliated college, by the officer authoriseu under clause (a) of the said sub-sectiOn; and
(b) in the case of an officer, teacher or other employee of the University, by the VIce-Chancellor.
(4) No order of forfeiture shall be made under sub-sectwn (3) without giving the person who may be affected thereby an oppurtumty of being heard.
(5) Any person aggrieved by an order referred to ~n sub-section
(1) may, within sixty days from the date on which a copy of such ord~r is served on him, appeal to the Appellate Tnbunal, and the Appellate Tnbunal may, after giving the parties an op)Jortumly of bemg heard and after such further inquiry as may be nc\!cssary, pas::; such order thereon as it deems fit.
S9. Punishment for 'rregu,laru~es by teac/tf'1'S at exammatinns.- Any teacher of an affiliated college or a teacher of the Urnvcrs1ty who--
(a) conniv~s with, or assists, any candidate at an examina- tion conducted by the University to do any malpractice at such exammat10n; or
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{b) delays the valuation and return of answer books of candidates at any such examination which have been given to him for valuation;
shall witht>ut prejudice to any other action that may be taken against him be Hable for disciplinary action.
90. Registered Graduat~.-All graduates of .the Ur:.iversity constituted under this Act and all graduates of any other University residing m the University area shall be entitled to be registered under the proviSions of this Act as graduates of the t;niversity constituted under this Act:
Provided that all registered graduates of the Kerala University constituted under the Kerala University Act, 1974 who are employed, or are residmg within the territorial jurisdictiOn of the Gandhiji University constituted under this Act shall be deemed to be registered graduates of the Gandhiji Uhiversity constitut~d under this Act.
91. Appointment of first Vice-Chancellor.-Notwith~tanding anything to the contrary contained m section 10, the Chancellor shall appoint such person as he thinks fit to be the first Vice-Chancellor of the University for a period not exceeding three years.
92. Appointment of RegtStrar, CcmtroUer of Examinations and Ftnance Offioer during tnitial period of two years.-Notwithstanding anything contained in sections 12, 13 and 14, for a perio
Provided that the power under this section shall not be exercised by the Chancellor after nommation of the Syndicate under section
94.
!'3. Appowtm.f;nt of the first Univ( r.nt11 BtujJ.-Notwithstand- anyt hing contained in this Act, the Chancellor shall have power to appoint such officers and servants of the Umversity as may be necessary for ensuring the working of the University.
94. Nomination of first University authoritics.-Notwithstand- ing anything contained in this Act, the first of all authorities of the University shall be nominated by the Chancellor for a per10d of two years from the date of nomination or till the constitution of those authorities in accordance with the provisions of this Act, whif•hever is carher.
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95. Colleges and other in.stitutwns within the juri.sdictwn of the University.-(l) All colleges and other educatiOnal institutions with- in the areas to which the JUrisdiction of the University extends, which Immediately before the commencement of this Act were recognis€d by or were affi.hated to, the University of Kerala as insti- tutions providing courses of study for admission to exammations of that Umversity for degrees, diplomas and other academic distinc- tions shall be deemed to be mstitutions recognised by, or affiliated to, the Gandhiji University under this Act and the prov1r:.ions of this Act shall apply accordingly.
(2) ·Any student of any college within the area referred to in sub-section (1) and affiliated to the University of Kerala immediately before the commencement of this Act shall be permitted to complete his course under the University of Kerala, and the Gandhiji University shall provide for the mstruction of such students m accr,rdance with the course of study in the University of Kerala and shall comply with such directions as may be given to 1t by the Umversity of Kcrala in respect of those students . ...,... 96. Transfer of service of certain emplayees from the Universtly of Kerala to the Gandhiji Urviversity.-(1) Any person in the employment of the University of Kerala may subject to such conditions and restnct10ns as may be specified by the Government in this behalf, opt to serve in connection with the affairs of the Gandhiji University. 1
(2) As soon as may be after the date of the commencement of this Act, the.Government may, after consulting the Vice-Chancellors of the Umversity of Kerala and the Gandhiji University direct, by general or special order, that such of the employees of the University of Kera!a as are specified in such ordE'r shall stand allotted to serve in connection with the affairs of the Gandhiji University with effect from such date as may be' specified ID such order.
(3) In makmg an order under sub-section (2), the per:-;ons who have opted under sub-sectiOn (1) to serve in connection with the affairs of the GandhiJI University shall be given preference. ( 4) With effect from the date specified in an order under sub- sectiOn (2) the persons specified m such order and allotted to serve in connection with the GandhiJi University shall become employees of the Gandhiji University and shall cease to be employ8es of th~ University of Kerala. ~
(5) Every person who becomes an employee of the Gandhiji University under sub-sectwn (4) shall, hold office under that Uni- verflity by the same tenure, at the same remuneration and upon
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the same terms and conditions and with the same rights and privi- leges as to pension, gratmty. if any, and other matters as he would have held the same on the date specified in the order under sub- sectwn (2), as 1f this Act had not been passed.
(6) The liabihty to pay pension and gratuity to the persons referred to in sub-section (2) shall be the hab1hty of the Gandhiji University.
97. Transfer of accumulation in provident fund and other like funds.-(1) The sums to the credit of the provident fund accounts of the persons referred to in sub-section (2) 'of sectwn 96 as on the date specified m the order under that sub-sectwn shall be transferred to the Gandhij1 Umvers1ty, and the hab1hty m respect of the said provident fund accounts shall be the habihty of the Gandhiji University.
(2) There shall be pa1d to the GandhiJi Umversity out of the accumulation in the superannuation fund and other like funds, if any, of the University of Kerala ~uch amounts as have been credited to the superannuation fund and other like funds, if any, on behalf of the persons referred to m sub-section (2) of section 96.
(3) The amounts paid under sub-section (2) shall form part of the superannuation fund or other like funds, if any, that may be established by the Gandhiji Univetsity for the benefit of its employees.
98. Apportwnment of funds and assets of the Umversity of Kcrala.-A Committee consisting of the VICe-Chancellor of the University of Kerala, the Vice-Chancellor of the Gandhij1 University and the Secretary to the Government of Kerala, Finance Department, l3hall examine the question of transfer of funds and assets, other than those referred to in sub-sectwn (3) of section 99 from the University of Kerala to the Gandhij1 Umversity and shall recommend to the Government the action to be taken in the matter, and the decision of the Government on such recommendation shall be final.
99. Act 17 of 1974 not to apply.-(1) Subject to the provisions of this section, the Kerala University Act, 1974 (17 of 1974), shall, with effect from the date of the commencement of this Act cease to apply in respect of the areas to which the jurisdiction of the Gandhij1 Umvers1ty extends.
(2) Notwithstandmg anythmg contained in sub-section (1), all Statutes and Ordinances made under the Kerala University Act,
1974 (17 of 1974) and in force on the date of the rommencement
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of this Act shall, in so far as they are not inconsistc.nt with the provisions of this Act continue to be m force in respect of the areas referred to in sub-section (1) until they are replaced by the Statutes and Ordmances to be made under this Act. -· (3) All property, whether movable or immovable, mcluding land;,, buildings, eqmpments, books and hbrary and all nghts of whatever kind owned by or vested in or held m trust immediately before tll_e date of the commencement of this Act by the University of Kerala at the Umversily Study Centres at Palai, Kottayam and Changanacherry as well as all liabilities legally subsistmg against the Umversity of Kerala at these centres shall stand transferred to and vest in the Gandhiji University. {4) Nothing m this section shall be held to prejudice or affect the application of sections 4 and 23 of the Interpretation and General Clauses Act, 1125 (VII of 1125).
100. First Statutes and Ordinances (1).-Notwithstanding any- thing contained in this Act the first Statutes and the first Ordinances of the University shall be made by the Government.
(2) Every first Statute and every first Ordinance made under this section shall be laid as soon as it Is made before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive ses~ions, and if before the expiry of the session m which it is so laid or the session immediately following, the Legislative Assembly makes any modification m the first Statute or the first Ordinance, as the case may be or decides that the first Statute or as the case rna} be, the first Ordinance ~ould not be made, the first Statute or the first Ordi- nanf'e as the case may be shall thereupon have effect only in such modified form or be of no effect, as the case may be; so 'however that no such modification or annulment shall be without prejudice to the • validity of anything previously done under the first Statute or the· first Ordinance.
101. Removal of difficulties.-(1) If any difficulty arises as to the first constitution or reconstitution of any authority of the University or otherwise in giving effect to the provisions of this Act the Government may by order do anything not inconsistent with the provisions of 'this• Act which appears to them necessary for the purpose of removing the difficulty.
(2) Every order issued under sub-section {1), shall be laid, as soon as may be after it is issued, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions. and if
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before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modi-