Kerala act 009 of 1969 : The Kerala University Act, 1969 (No.9 of 1969)

THE KERALA UNIVERSITY ACT, 1969

(Act 9 of 1969)

Preamble. Sections

CONTENTS

CHAPTER I

Preliminary

1. Short title and commencement.

2. Definitions.

3. The,University.

CHAPTER II

The University

4. Territorial limits.

5. Powers ofthe University.

6. University open to all classes and creeds.

CHAPTER III

The Chancellor, Pro-Chancellor and Officers of the Univenity

7. The Chancellor.

8. The Pro-Chancellor.

9. Officers of the U nivf'r ~ity. 1 0. The Vice-Chancellor.

II. The Pro-Vice Chancellor,

12. The Registrar.

13. Appointments to be notified.

CHAPTER IV

Authorities of the University

14. Authorities of the University.

15. Senate.

16. Reconstitution of Senate. 17, Powers and functions of Senate,

18. Meetings of the Senate.

19. The Syndicate.

20. Term of office of members of Syndicate. 3f20-3

21. Powers of Syndicate.

22. The Academic Council.

23. Powers and duties of Academic Council.

24. Faculties.

25. Deam of faculties.

26. Board of studies.

27. Fmance Committee.

28. Other authontJes of University.

29. DisquaiJfications for membership.

CHAPTER V

Statutes, Ordinances, Regulations, Rules and Bye-laws

30. The Statutes.

31. Procedui e for making Statutes.

32. Ordinances.

33. Procedure for making Ordinances.

34. Regulations.

35. Procedure for making Regulations.

36. Rules, bye-laws and orders.

37. Publication in the gazette.

CHAPTER VI

Election to the Senate, the Syndicate and the other bodies of the University, filling up of vacancies and resignation, removal, etc., of members of authorities and bodies

38. Election of members to the Senate, Syndicate and other bodies of the University.

39. Filhng up of vacancies.

40. Resignation or removal of members of any authonty or body.

41. University fund.

CHAPTER VII

Finance

42. Grants from Government.

43. Annual estimates of income and expenditure.

44. Annual accounts.

45. Annual report.

46. Audit of accounts of the Univcr~ity. '

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CHAPTER VIII

Private Colleges

47. Definition.

48. Governing body for private college not under corporate management.

49. Managing council for p11vate colleges-under co1 porate mana· gement. ·

50. Appointment of Mana!:\er.

51. Acts or proceedings of governing body or managing counctl not to be mvalidated.

52. Affiliation of colleges.

53. Appointment of teachers in plivate colleges.

54. Qualifications of teachers.

55. ProbatiOn.

56. Conditions of servic~ of teachers of private colleges.

57. Past disputes relating to service condition of teachers.

58. Mcmbc1 ship of Legislative Assembly, etc., not to disqualify teachers.

59. Non-teaching staff of private collf"ges.

60. Transitory provision. GI. College~ not complying with p1·ovisions of this Act.

CHAPTER IX

Miscellaneous

62. Power of Government to cause inspection of the University.

63. Power to regulate the management of private colleges.

64. Appointment of commissiOn to inquire into the working of University.

65. Power of Government to make rules.

66. Register of recognised teache1s.

67. Conditions of service.

68. PensiOn, insurance and provident fund.

69. Proceedings of the U mversity and bodies not to be invalidated by vacanc1es.

70. Proceedings of the Senate, Svndicate and Academk Council.

71. Disputes as to const1tution of Umversity authority or body.

72. Repm t on affihated colleges.

73. Protection of acts and 01 ders. 3/20-3a

74. Institutions affiliated to University.

75. Transitory provisions

76. First Statutes and Ordinances.

77. Removal of difficulties.

78. Repeal. THE KERALA UNIVERSITY ACT, 1969 ** (Act 9 of 1969)

An Act to provide for the reorganisation of the University of Kerala

Preamble.-WHEREAS it is expedient to reorganise the Univer- sity of Kerala with a view to establishing a teaching, residential, and affiliating University for the southern districts of the State of Kerala; BE it enacted in the Nineteenth Year of the Republic oflndia as follows:-

CHAPTER I

Preliminary -"'(

I. Short title and commencement.- (I) This Act may be called the Kerala University Act, 1969.

(2) It shall come into force on such date as the Government may, by notification in the Gazette, appoint:

Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a I eference to the coming into force of that provlSlon.

2. Definitions.-In this Act, unless the c0ntext otherwise requires,-

( I) " Academic Council " means the Academic Council of the University;

(2) " affiliated college " means a college affiliated to the U niveTSity in accordar.ce 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) "annual meeting" means one of the ordinary meetings of the Senate held every year under sub-section (I) of section 18 and decla1ed by the Statutes to be the annual meeting of the Senate;

(4) " Board of Studies" means a Board of Studies of the Uni· venity ;

•• Pubhshed m the Gazette Extraordmary No. 53, dated 28th February, 1969.

(5) " Chancellor "means the Chancellor of the University ;

(6) "College" means an inst1tution maintained by, or affiliated to, the U ruversity, in which instructiOn is prov1ded m accordance with the provisions of the Statutes, 01 dinances and Regulations ;

(7) " DeparLment " means a department designated as such by the Ordinances or Regulations with reference to a subject or group of subjects ;

(8) " educational agency "means any person or body of persons who or which establishes and mamtains a pt ivate college ;

(9) " Faculty" means a Faculty of the University ; (10; "hostel" means a unitofres1dence for the students of the U1uvcrsity, or the colleges or institutions maintained by, or affiliated to, the Umvers1ty in accordance with the provisions of th1s Act or the Statutes or Ordmances ;

(II) " prescribed " means prescribed by this Act, or the Statutes Ordinances, Regulations, rules or bye-laws made thereunde1 ;

(12) "Principal" means the head of a College; ( 13) " pnvate college" means a college maintc1ined by an agency other than the Government or the Univers1ty and affiliated to the Umvers1ty;

( 14) " Pro-Chancellor " means the Pro-Chancellor of the University ;

( 15) " Pro· Vice-Chancellor " means the Pro-Vice-Chancellor of the University ;

( 16) " recognised institution " means an institution for research or special studies, other than an affiliated college, recognised as such by the Unive1sity ;

(17) " recognised teacher " means a teacher in an affiliated institution and whose approved by the University ;

person employed as a

appointment has been

( 18) " registered graduates " means graduates registered under the proviswns of this Act and the Statutes and includes graduates deemed to be registered graduates ;

(19) "Senate" means the Senateofthe University;

(20) " State " means the State of Kerala ;

(21) " Statutes ", " Ordinances "," Regulations ", "by c-Ia ws "

and " rules " mean respectively the " Statute", "Ordmances", "Regu- lations"," byc•laws" and" rules" of the Umvcrsity;

(22) " student " means a part-time or full-time student receiving instruction or carrying on research in any of the colleges or recognised institutions ;

(23) " Syndicate" means the Synd1cate Qf the Unive1sity ;

(24) " teacher " means a P1 incipal, Professor, Assistant Professor, Reader, Lecturer, Instructor or ~uch other person 1m parting instruction or supervismg research in any of the colleges or rccogn tsed mst1· tutwns and whose appointment has been approved by the University ; ~~

(25) " teachers of the University " means persons employed as teachers in mstJtutwns main tamed by the University ;

(26) " University " means the Unive1sity of Kerala constituted under this Act ;

(27) "University area" means the area to wluch this Act extends ander sub-sect10n ( 1) of sect1on 4;

(28) "Umversity Fund" means the Kerala University Fund established under sub-sectwn ( 1) of sect1on 41;

(29) "Vice-Chancellor" means the Vice-Chancellor of the University.

CHAP'lER II

The University

3. The University.-(!) The Chancellor, the Pro-Chancellor, tl1c VICe-Chancellor, the Pro- Vice-Chancellor, if any, and the members 'f

of the Senate, the Syndicate and the Academic Council, for the time bemg, !.hall constitute a body corp01ate by the name of the University of Kerala.

(2) The University shall have perpetual succession and a common seal, and shall sue and be sued by the said name.

4. Territoriallimits.-(1) The jurisdiction of the University shall extend to the revenue d1stncts of Trivandr urn, Quilon, Alleppey, Kottayam and E1 nah.ulam of the State.

(2) No educa1lonal in~titution situakd beyond the territonal l1mits of the University shall, save with the sanctiOn of the Chancellor and the Government, be affiliated to the University and no educational inst1tut10n withm the terntorral limits of the Umversity shall, save with the sanctwn of the Chancellor and the Government, seek or continue affihation to any other University established by Jaw.

5. Powers of the University.-The Umversity shall have the following powers, namely:-

(i) to prov1de for instructJOn and training in such branches of ~ learning as the Univers1ty may deem fit, and to make provision fo1· research and for the advancement and disscmmation of knowledge;

(u) to institute degrees, titles, diplomas and other aoademic distmctions;

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(iii) to hold examinations and to confer degrees and other academic distinctions on persons who-

(a) shall have pursued a prescribed course of study in a college under the University, unless exempted therefrom in the manner prescribed, and shall have passed the prescribed examination; or

(b) shall have carried on research under prescnbed conditions and which ha~ been duly evaluated;

(iv) to confer honorary degrees or other distinctions on distin- guished persons in accordance with the conditwns to be p1eSc1ibed m the Statutes;

(v) to g1ant diplomas, certificates or other distinction!> to persons who shall have pursued a prescribed course of study under prc:.c11bed concl1tions,

(v1) to withdraw or cancel degrees, titles, diplomas, certificates 01 other distinctions under conditions that may be prescribed by the ~tatutes, after giving the person affected a reasonable opportunity to pre~ent his case;

(vii) to supei vise and cont10l the Iesidcnce and discipline of students of the University, colleges and 1 ecognised mstitutwns and to make arrangements for promotmg their health and gencial welfaic; (vw) to recognise hostels which a1e maintained by bodies other than the University and to withdiaW such recognition,

(ix) to exercise such cont10l over the students as will cnsute their physical and moral well-bemg,

(x) to constitute a Board to entci tain and if it thinks fit to adjudicate and to redress any gnevances of the students of colleges who may for any reason be aggrieved otherwise than by an act of the Court; ·

(xi) to fix the fees payable to the University and to demand and receive such fees; '

(xii) to fix and regulate, with the prior sanction of the Govern• ment, the fees payable in private colleges ailihated to the Umversity;

(xiii) to regulate the emoluments and prescribe the duties and conditions of service of teachers and other employees in private colleges;

(x1v) to hold and manage endowments and bursanes and to institute and award fellowships, scholarships, studentships, medals, and prizes and to organise exhibitions;

(xv) to institute and provide funds whe1·ever nec~ssa1 y for the maintenance of-

(a) a Students' Advis01y Bureau;

(b) an Employment Bureau;

(d) University Athletic Clubs;

(e) the National Cadet Corps;

(f) the National Service C01ps;

(g) University Extension Board~;

(h) Students' Cultural and Debating Societies;

(i) a Translation and PublicatiOn Bureau; and

(j) co-operative societies and other simila1 institutions for promoting the wclfa1e of students and employees of the University;

(xvi) to co·ope1ate with other Universities or any authorities or assoc1a.t10ns m such manner and for such purposes as the University may determine;

(xvii) to do all such other acts and things, whether incidental to the powers aforesaid or not, as may be requmte m order to further the objects of the Umver~ity as a teaching and examming body, and 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 othe1 wise and to grant, 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 c01porate;

(xix) to direct, manage and control all immovable and movable properties transferred to the University by the Government;

(xx) to co-ordinate, supervise, regulate and control the conduct of teaching and research w01 k in the affiliated colleges and the institu- tions 1ecognised by the University;

(xxi) to define the powers and duties of the officers of the University other than the Vice-Chancellor;

(xxii) to provide for the inspection of the affiliated colleges and issue such d1rect1ons as the Umversity may deem fit; (ll.xiii) to establish, maintain and manage colleges, institutes of research and other institutiOns of higher studie:~;

(xxiv) to affiliate to itself colleges in accordance with the pro- visions of this Act and the Statutes, Ordinances and Regulations and to withdraw affiliation from rolleges;

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(xxv) to institute professorships, reader~hips, lecturersl11ps and any other teachmg and research post~ reqUired by the Umvenity and to appoint persons to mch professorships, readerships, lecturerships and other teachmg and research posts;

(xxvi) to establish, mamtain and manage hostels, and

(xxvii) generally to do such other acts as may be required to f UI ther the aims and pUI poses of this Act.

6. University open to all classes and creeds.-No petson shall, on grounds only of religwn, race, caste, sex, descent, place of birth, residence, language, political opuuon or any of them, be inehgtble fm, or discriminated agamst, in respec..t of any employment or office under the University or membeiship of any of the authorities or bodies of the University or admi~sion to any degree or course of ~tudy in the University:

Provided that the Umversity may, in consultation with the Govern• ment, affiliate or recognise any college or mstttution exclu5ivcly for women, either for education, instructiOn or residence, or reserve for women or members of socially and educationally Backward Classes of of Scheduled Castes or Scheduled Tribes, places for the purpose of admissiOn as students in any college or institutiOn main tamed or controlled by the University:

Provided further that the rules for the reservation of appoint- ments and posts under the Government, m favour of the Scheduled Castes, the Scheduled Tribes and Other Backward Classes of citizens, shall, so far as may be, apply in the case of appomtments to the Umversity.

CHAPTI.:R III

The Chancellor, Pro-Chancellor and Officers of the University

7. The Chancellor.-(!) The Governor of Kerala shall, by virtue of his office, be the Chancellor of the University.

(2) The Chancellor shall be the Head of the University and shall, when present, preside at meetings of the Senate, and at any convocation of the University.

(3) The Chancellor may, by order in writing, annul any proceedmg of any of the authorities of the University which 1s not in 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 shall call upon such authonty to show cause why such an o1der should not be made and consider the cause, if any, shown by such authority within a reasonable time.

t 4) The Chancellor shall, when an emergency arises, have the right to suspend or dismiss any of the authonties of the University and to take measures for the Intenm administration ofthe Umversity.

(5) Every proposal for the conferment of an honorary degree shall be subject to confirmatiOn by the Chancellor.

(6) An appeal shall lie to the Chancellor against any order of drsmissal pas>cd by the Syndrcate or the Vice-Chancellor against any person rn the serv1ce of the U mversity. /

(7) An appeal under sub•section (6) shall be filed within srxty days of the order of dismrssal.

(8) The Chancellor shall, before passing any order on an appeal under sub·sectwn (6), refer the matter for advice to a Tribunal appomted by him for the purpose.

(9) The Chancellor shall have powet· to remove the Vice· Chancellor from office by an order m writing on charges of m1sappro· priatwn or mismanagement of funds or misbehaviour:

Provided that such chat ges are proved by an enquiry conducted by a person who r~ or has been a Judge of the High Court or the Supreme Court appomted by the Chancellor for the purpose:

Prov1ded further that the Vice-Chancellor shall not be removed undei thts l>ection unless he has been given a reasonable opportunity of showing cause agarnst the actron proposed to be taken agarnst hrm. ( 10) The Chancellor shall have such other powers as may be confe1 red on him by th1s Act, or the Statutes.

8. The Pro-Chancellor.-(1) The Mm1stcr for the time being administering the subject of education in the State shall be the Pro· Chancellor of the Un1versity.

(2) In the absence of the Chancel101 or during his inabiiJty to act, the Pro-Chancellor shall exercrse all the powers and pe1 form all the functions of the Chancellor.

9. Offi-cers of the University.-The following shall be the officers of the University, namely.-

(i) the Vice-Chancellor;

(ii) the Pro-VIce-Chancellor; (i1i) the Registrar; and

(iv) such other officers in the service of the University, as may be declared by the Statutes to be officers of the University.

1 U. The Vice-Chancellor-( 1) The V JCc•Ch:incellor s!1all be appomted by the Chancellor from among a panel of three names recom- mended by the comm1ttcc appomted by hun conSIStmg of three mem• bcrs, one elected by the Senate, one elected by the Synd1cate and the th1rd nominated by the Government.

(2) The committee in making the 1ecommendation of a panel of three names shall not mclude m the panel any person who has comple· ted the age of s1xty-five.

(3) The V1ce-Chancellor shall hold office f01 a te1m of four years from the date on wh1ch he enters upon Ins olfice and shall be chgJble fo,· reappointment:

Prov1ded that a person shall not be appomteJ as V1ce-Chancellor for more than two terms.

(4) The Vice-Cha,lccllor shall rece1ve such remuneration as may be fixed m th1s behalf by the Chancellor.

(5) Notwithstanding anything contained in sub-scctwn (3), the Chancellor may allow the Vice-Chancellor to contmue 111 office alter the exp1ry of his term until lu~ successor 1s appotntcd and enters upon Ius office or for a period of s1x months hom the date of such exp1ry, wluch ever penod exp1res earlie1.

(6) The Vice-Chancellor shall be the principal academic and e"ecut1ve officer of the UniVelslty

(7) The VIce-Chancellor shall be the Chairman of the Senates the Syndicate and the Academic Council, and shall be entitled to be present at and to address any meetmg of any autho11ty of the U nivcr· ~1ty, but shall not be entitled to vote thereat unless he 1s a member of the authouty concerned.

(8) lt shall Le the duty of the V Icc-Chancellor to ensure that the proviSions of th1s Act, the Statutes, the Ordmances and the Regulations are faithfully observed and earned out, and he shall have all powers necessary for th1s purpose.

(9) The VIce-Chancellor shall have the right of visitmg and ins- pecting colleges and other mst1tut10ns maintained by, 01 affiliated to the Univers1ty.

(10) Hat any time, except when the Syndicate is in session, the Vice-Chancellor IS ~ausfied that an emergency has ansen tequ1ring !urn to take immediate action involving the exercise of any power vested in the Syndicate by or under this Act, the Vice-Chancellor may take such action as he deems tit, and shall, as ~oon as may be the1 eafter, report the action taken by h1m to the Syndicate.

(I l) Subject to the provis1om. of the Statutes and the Ordinances the Vice-Chancellor ~hall have power to appomt, suspend, d1smiss or otherwise pumsh any member of the establishment of the University below the rank of Assistant Regtstrar.

(12) The Vice-Chancellor shall have power to convene meetings of the Senate, the Syndicate, the Academic Council and any other authonties of the Univers1ty.

( 13) It shall be the duty of the Vice-Chancellor to sec that the proceedmgs of the University ate cat ried on m accordance With the provisions of tim Act, the Statutes, the Ordinances, the Regulations, the Rules and the bye-laws and to report to the Chancellor every pro• ceeding which 1S not m conformity w1th ~uch prov1sions.

(14) The Vice-Chancellor ~hall exetctse such other power~ and perform such other functiOns a~ may be prescnbed by the Statutes. ( 15) Notwithstanding anything contained in sub-section (I) it shall not be necessary to constttute a Committee f.:-r submttting the panel of names for the appomtment of first Vice-Chancellor after the commencement of tim Act, and the first Vice-Chancellor shall be !

appointed by Government fot one year. i

II. The Pro-Vice-Chancellor.-( I) The Chancellor may, if he considers 1t necessary for the more efficient functioning of the Umversity appoint a Pro-Vice-Chancellor.

(2) The Pte-Vice-Chancellor shall be a whole-time salaried officer of the U nivers1ty.

(3) The Pro-Vice-Chancellor shall hold office for a term of four years and l>hall be eligtble for re-appointment.

(4) The salary and other conditions of service of the Pro-V icc Chancellor shall be prescnbed by the Statutes.

(5) The Pre-Vice-Chancellor shall assist the Vice-Chancellor in respect of such matters as may be specified by the Vice-Chancellor in this behalf and he shall also exercise such powers and p~rform such duties as may be delegated to him by the V1ce-Chancellor.

12. The Registrar.--(!) The Registrar shall be a whole-time sala- ried officer of the Umverstty and shall be appointed by the Syndicate for such period and on such terms as may be prescribed by the Statutes,

(2) The Registrar shall exercise such powers and perform such duties as may be prescnbed by the Statute~.

(3) Suits by or against the University shall be instituted by or against the Registrar.

(4) Subject to the provis:ons of the Statutes and the Ordinances, the Registrar shall have power to appomt, suspLnd, dismiss or otherwise punish any member of the establishment of the University office whose pay or maximum pay does not exceed two hundred and fifty rupees per mensem, provided that the employee so pumshed shall have a right of appeal to the Vice-Chancellor, within sixty days of the order of punishment.

13. Appointment to be notified.-The appointments of the Vice-Chancellor, the Pre· Vice-Chancellor and the Registrar shall be notified in the Gazette.

CHAPTER IV

Authorities of the University

14. Authorities of the University.--The following shall be the authorities of the U mvcr~ity, namely:-

(i) the Senate;

(ii) the Syndicate; (i1i) the Academic Council;

(iv) the Faculties;

(v) the Boards of Studies;

(vi) the Finance Committee; and

(vii) such other boards or bodies of the University as may be declared by the Statute<~ to be auth01 ities of the U mversity.

15. Senate.-The Senate shall consist of the following members ll.amely:-

Ciass l-Ex-Officio Members:

( 1) The Chancellor

(2) The Pro-Chancellor.

(3) The Vice-Chancellor.

(4) The Pro-VIce-Chancellor.

(5) Five Officers nominated by the Government.

(6) The Chairman, State A:ivisory Board of Education.

(7) Two Principals of Professional Colleges by rotation in such manner l!S may be prescribed by the Statutes.

Class 11--Elected Members:

( 1) Twenty members elected by registered graduates from among themselves.

(2) Twelve members elected by the memiJers of the Academic Council from amon~ themselves, of whom not less than two members shall be Deans of Faculties and not less than two membets shall be Umversity heads of departments not bemg Deans of Faculties.

(3) Six members elected by the members of the Legislative A~sembly ofKerala from among the members representing the electorate of the University are~, of whom one shall be a member of any Scheduled Caste or any Scheduled Tnbe.

(4) Thirty members, of whom not less than two members shall be teachet s of the U nivemty, elected from among themselves by the teachmg staff other than pnncipals of all the colleges affiliated to the Umverstty and the teachers of the University.

(5) Ftve memhers elected by the Principals of Arts and Science Colleges in which 1n~t1 uct10n is g1ven to a degree standard from among themselves.

(6) One memher elected by the members of the local authorities of each d1stnrt m the Umvetsity a1ea from among themselve<;.

(7) Two mem:ers elected by the registered ttade unions in the Univers1ty area de~ignated by Statutes from among their members.

(8) One member elected by the employees other than teachers ofthe Umverstty from among themselves.

(9) One member elected by the non-tea clung staff of the affiliated colle~es, from among themselves.

(10) Four mrmbers elected by the Managets of Private Colleges in the University a1ea from among themselves. (I I) rl h1 ee mt"rn bers elected by the students of the colleges from among themselves tn such manner as may be prescribed.

Class III--Life Members:

Pe1 son~ who were l1fe members of the Senate of the Kerala Umvcrstty nrmed1ately before the commencement of this Act shall be deemed to be hfe members of the Senate under this Act.

Class IV-Other Members:

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(l) Two headmasters of Hi~h Schools and two teachers of Secondary Schools s1tuated w1thin the University area, nominated by the Chancellor. ~

(2) Not more than ei15ht members nominated by the Chancellor representmg (1) Iecogn1sed tesearch institutions, (i1) recognised cultural as~octatwns, (1i1) chambers of commerce; (iv) industries; (v) authors;

(vi) JOurnahsts and (vii) lawyers.

16. Reconstitution of the Senate.--(!) The Senate shall be reconstituted every four years.

(2) Every member of the Senate, other than ex-officio and life members, shall, subject to the provisions of this Act and the Statutes, hold office until the next reconstitutiOn of the Senate:

Provided that no member nominated or elected in his capacity as a member of a particular body or as the holder of a particular office shall hold ofllce for a longer penod than three months after he has ceased to be such member or holder of such office, unless m the mean· while he again becomes a member of that electorate:

Provided further that where an elected or nominated member of the Senate is appointed temporarily to any office, by virtue ofwluch he i<> entitled to be a member of the Senate exofficio, he shall, by notice m writing signed by him and communicated to the Vice-Chancellor within seven days f10m the date of Ius taking charge of his appomtment, choose whether he will continue to be member ofthe Senate by virtue of his election or nomination, or whether he wdl vacate office as such member and become a member exofficio by virtue of his appointment, and such choice shall be final.

(3) On failure of a member to make the choice under the second proviso to sub-section (2), he shall be deemed to have vacated h1s office as an elected or nominated member.

( 4) When a person ceases to be a member of the Senate, he shall cease to be a member of any of the authorities of the University of which he may happen to be a member by virtue of his membership of the Senate.

17. Powers and functions of Senate.-( I) The Senate shall be the supreme authority of the University and shall have the power to review the action of the Syndicate and the Academic Counc1l save where the Syndicate cr the AcadetT.!C Council has acted in accordance with the powers confencd upon 1t under th1s Act, the Statutes, Ordmances or Regulations, and shall exetcise all the powers of the Umverstty not otherwise provided for by this Act or the Statutes:

Provided that if any question anses as to whether the Synd1cate or the Academ1c Council has acted 111 accordance with such powers as aforesaid or not, the question shall be decided by the Chancellor and his decision shall be final.

(2) Save as otherwise expressly provided in this Act, the Senate shall have the following powers, namely:-

(a) to determine what degrees, diplomas and other academic dtstinctions shall be granted by the Univer,1ty;

(b) to make, amend or repeal Statutes either of its own motion or on the motion of the Syndicate;

(d) to institute fellowships, scholarships, studentshtps, bursaries medals and pnzes and organise cxhtbttions in accordance w1th the provisions of this Act and the Statutes, Ordinances and Regula• tions;

(e) to institute professorships, readerships, lecturerships and such other teaching or research posts as it may deem necessary;

(f) to establish and maintain such institutions as it may from time to time deem necessary;

(g) to prescribe the terms and conditions of service of the employees of the University;

(h) to regulate emoluments and prescribe the duties and conditions of service of teachers and other employees in private colleges; ( 1) to review and take ~uch action as it may deem fit on the annual report and the annual accounts of the University which shall be placed before 1t 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 any other distinc• tion granted to any person in accordance with the provisions of the Statutes,

(k) to appoint committees and to delegate to them such functions of the Senate as 1t may deem fit;

(I) to make Statutes regulating the method of election to the authorities of the l! niversity, the procedure at the meetings of the Senate, the Synd tcate and other authorities of the University and the quorum of members required for the transaction of business by the authorities or the U n tverstty other than the Senate;

(m) to recommend to the Government the recognition of any local area withm the Umversity area as a University Centre;

(n) to co-operate with other Universities and other authorities in such manner and for such purposes as it may dete1 mine;

(o) to exercise such other powers and perform such other functions as may be asstgned to it by tillS Act and the Statutes. ~

18. Meeting of the Senate.-( 1) The Senate sh'lll meet at least once in four months on dates to be fixed by the Vtce·Chancellor and one of such mect1ngs shall be called the annual meeting.

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(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 Convoca- tion of the University or a meeting of the Senate held for the purpose of conferring degrees, tJtle~, diplomas or other distinctions.

(3) The Vice-Chancellor may, whenever, he thinks fit and shall, upon a reqUisition in wnting signed by not less than one-fourth of the total number of mc,nuers 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 meetmg.

19. The Syndicate.-The Syndicate shall be the chief executive body ofthe University and shall consist of the followmg members, namely:-

Class l-Ex officio members:

(a) The Vtce-Chancellor

(b) The Pro-Vice-Chancellor

Twelve members elected by the members of the Senate from among themselves, of whom not less than three members shall be from among the members elected to the Senate by the Academic Council and not less than five members shall be persons who are not teachers.

20. Term of office of members of Syndicate.-Members of the Syndicate, other than ex officio members, shall hold office for a tet m of four year~ from the date of their electiOn:

Provided that no per~on elected in his capacity as a member of a particular body or as the holder of a particular office shall be a member of the Syndtcate for a longer period than three months after he has ceased to be such member or holder of such office unless in the mean- while he agam becomes a member of that electorate or the holder of that office:

Provided further that no person other than an ex officio member shall be cligtble to hold office for more than two terms in succession.

Explanation.-For the purposes of the foregoing proviso, "term' shall include a term of office as member of the Syndicate constituted under the Kerala Univemty Act, 1957, notwithstanding that ~uch term was less than or greater than four years.

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21. Powers of Syndicate.-Subject to the provisions of this Act and the Statutes, the executive powers of the University including the general superintendence and control over the institutions of the Umver- Slty shall be vested in the Syndicate and ~ubject hkew1se the Syndicate shall have the following powers, namely:-

(t) to affiliate institutions in accordance with the terms and conditions of such affiliation prescnbed in this Act and the Statutes;

(ii) to make Ordinances and to amend or repeal the same;

(iii) to propose Statutes for the consideratiOn of the Senate;

(iv) to hold, control and administer the propert1es and funds of the University;

(v) to direct the form, cu&tody and use of the common seal of the Umversity;

(vi) to arrange for and direct the inspection of colleges, hostel~ and other institutions and to constitute a Board of InspectiOn for that purpose;

(vii) to establish, maintain and manage colleges and institutes of research and other institutions of higher learning as •t may from ume to time deem necessary;

(viu) to appoint teachers and other employees of the University and prescnbe their duties;

(ix) to create administrative, ministerial and other necessary posts,

(x) to suspend, discharge, di~miss or otherwise take any discipli· nary act10n against teachers and other employees of the Unive1 s1ty after giving them reasonable opportunity to defend their posiuon; (xt) to fix and regulate thf' fee payable by students in col!eges affih:tted to the Ul1lversity;

(xi1) to award fellowships, scholarslups, studentships, bursaries, medals and prizes;

(xiu) to exercise supervision and control over the residence and discipline of students ;

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(x1v) to consider the financial C5timates of the Umversity and submit them to the Senate in accordance with the provistom of the Statutes made in this behalf; ~

(xv) to conduct University examinat10ns and approve and publish the results thereof;

(xvi) to appomt members to the Boards of Studies;

(xvii) to approve panel of examiners and to fix their remune- rations;

(xviii) to delegate any of ItS powers to the Vice-Chancellot· or to a committee appointed from among its members ;

(xix) to arrange for and direct the investigation into the affairs of private colleges, to issue instructions for maintaining their efficiency, for ensurmg proper conditions of employment of members of their staff and payment of adequate salaries to them, and in case of disregard of such instructiOns, to modify the conditiOns of affiliatiOn or recognition or take such other steps as 1t deems proper In. that behalf,

(xx) to withhold or cancel the result of any candidate at any University examination;

(xxi) to accept endowments, bequests, donations and transfers of any movable and immovable properties to the U mversity on its behalf, provided that all such endowments, bequests, donations and transfers shall be reported to the Senate at its next meeting,

(xxii) to take over and manage temporarily the affairs of a private college or colleges on appointment by Government to perform such funct1ons, in accordance with the provisions of this Act and Rules;

(xxiii) to exercise such other powers and perform such other duties as may be prescribed by this Act, the Statutes and the Ordinances.

22. The Acadelllic Council.-( I) The Academic Council shall be the academ1c body of the University.

(2) The Academic Council shall, subject to the provisions of this Act and the Statutes, have the control and general regulation, and be resp0ns1ble for the maintenance of standards of instruction, educa- tiOn and examinations withm the Univer,ity, and shall exerc1se such other powers and perform such other duties as may be conferred or imposed up.)n it by the Statutes.

(3) The Academic Council shall consist of the following members, namely:-

(a) the Vice-Chancellor;

(b) the Pro• VIce-Chancellor;

(d) the Director of Technical Education,

(e) the Director of Collegiate Education;

(f) the Deans of Faculties,

(g) tC"n heads of University departments of study and research, who are not Deans of Faculties, by rotation according to ~eniority, 3f20-4a

(h) five members (other than Deans of Faculties) elected by the principals of professional colleges from among themselves ;

(i) seven members (other than Deans of Faculties) elected by the principals of first grade colleges from among themselves ;

(j) two members (other than Deans of Faculties) elected by the principals of junior colleges from among themselves ;

(k) one member, not being the Dean of a Faculty, elected by the principals of the colleges of oriental languages from among themselves ,

(1) one member each for every subject of study (not being a Dean of Faculty or head of department or prmcipal) elected by the teachers of that subject from among themselves :

Provided that a member so elected shall be a teacher having not less than ten years' teaching experience ;

(m) three members (not being teachers) elected by the mem- bers of the Senate from among themselves.

(n) one headmaster and one teacher of secondary schoolm the University area nominated by the Chancellor. '

(4) Members of the Academic Council, other than the members Y specified in clauses (a) to (g) of sub-section (3), shall hold office for a term of four years from the date of their appomtment or nomination as the case may be.

23. Powers and duties of Academic Council.-Subject to the prov1sions of this Act and the Statutes, the Academic Council shall have the following powers, duties and functions, namely :-

(i) to advise the Senate and the Syndicate on all academic matters ;

(ii) to make Regulations and to amend or repeal the same; (tit) to prescnbe the courses of studies !11 the institutiOns mam- tained by, or affiltatcd to, the University,

(1v) to prescribe the qualifications of teachers-

(a) in colleges ; and

(b) in the institutions maintained by the University;

(v) to prescribe the qualifications for admission of students to the various course of studies and to the examinations and the conditions under which exemptions may be granted ;

(vi) to make proposals for the instruction and training in such branches of learning as it may think fit; I I

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(vii) to make proposals for research and advancement and disseminatiOn of knowledge ;

(vi1i) to make proposals for the institution of Professorships, Readerships, Lecturerslups and other teaching and research posts required by the University;

(ix) to make proposals for the institution offellowships, ttavel. lmg fellowships, scholarships, studcntships, medals and prizes ;

(x) to make proposals for determinmg what degrees, dtplomas and other academic distinctions shall be granted by the Universtty ;

(xi) to dectde what examinations of other Universities may be accepted as equivalent to those of t!1e Umversity and to negotiate w1th other Universities for the recognition of the exammations of the University ;

(xii) to arrange for the co-ordination of ::.tudies and teaching m affiliated colleges and recognised institutions ; (xii1) to constitute a Council of Students' Affatrs conststmg of such number of teachers and students as may be prescribed by the Statutes to advise the Academic Council on matters relatmg to the welfare of the students ;

(xtv) to exercise ~uch other powers and perform such other duties as may be conferred or imposed on it by this Act or the Statutes, Ordinances, Regulations, Rules or Bye-laws.

24. Faculties.-(!) (a) The Umversity may have such faculties as may be prescnbed by the Statutes from tune to time ;

(b) Each Faculty shall, subject to the cont10l of the Acauemic Council, have charge of the teachin~ and the courses of study and research 111 such subjects as may be assigned to such Faculty by the Ordinances or Regulations.

(2) Each Faculty shall consist of not more than such number of members as may be prescribed by the Statutes. ( 3) Subject to the provisions of sub-section (2), each Faculty shall consist of-

( a) such number of members of the Senate as are teachers and as may be assigned to each Faculty by the Academic Council having regard to the qualifications of such teacher-members ;

(b) such number of members of the Senate as are not teachers, not exceedmg one-fourh of the total number of members of each Faculty, as may be assigned by the Senate in the manner prescnbed by the Statutes; and

(c) such number of member~ nominated as experts by the Academic Council in such manner as may be prescnbed by the Statutes, f10m amongst persons who are not members of the Senate :

Provided that no person shall be a member of more than two Faculties.

(4) Each Faculty ~hall compnse such departments of teaching as may be pre~cribed by the Ordinances.

(5) SubjeCt to the provisions of thts Act, each Faculty shall exercise such powers and petform such dutte~ as may be prescribed by the Statutes.

25. Deans ofFaculties.-(1) There shall be a Dean of each Faculty, who shall be elected by the Faculty in such manner and subject to such conditions as may be pre~cribed uy the Statuter..

(2) The Dean of each Faculty shall be respomtble for the due ob~et vance of the Statute~, Ordinances, Regulations and Bye-laws relating to that Faculty.

(3) The Dean of Faculty shall hold office for a term of 'fout years.

(4) Subject to the provisions of this Act, each Faculty shall exercise such powers and perf01 m such duttes as may be prescribed by the Statutes.

26. Boards of Studies.-( l) There shall be a Board of Studies attached to each department of study in the University.

(2) The constitution and powers of the Boards of Studtes shall be preset ibed by the Statutes.

27. Finance Committee.-(!) There shall be a Finance Com- mittee with the Vice-Chancellor as the Chairman to gtve advice to the Untversity on any question affecting tts finances.

(2) Thete shall be a Financial Officer who shall be the Secretary of the Fmance Committee and shall exerctse such powers and perform such duttes as may be prescribed by the Statutes.

(3) The constitution, powers and functions of the Finance Committee and its procedure m financtal matters, including the delega- tion of tis powers, shall be prescribed by the Statutes.

28. Other authorities ofUniversity.-The constitution, powers and duties of such other authorities as may be declared by the Statutes to be the authonties of the University, shall be prescnbed by the Statutes.

29. Disqualifications for membership.-(!) No person shall be qualified fer election or nomination or appointment as a member of any of the authorities of the University or for continuing as such member, if he-

(a) is below twenty-five years of age; or

(b) is of unsound mind or a deaf-mute; or

(d) has been convtcted by a court of law of an offence involving moral delmquency :

Provided that clause (a) sh::tll not apply to J. student elected to the Senate under section 15.

(2) If any question arises whethe1 any perso11 is disqualified under sub-scctwn (I), the question shall be referred to the Chancellor and his decis10n thet eon shall be final.

CHAPTER V

Statutes, Ordinances, Regulations, Rules and Bye-laws

30. The Statutes.-Subject to the provision~ of th1s Act, the Statutes may provide for all or any of the following matters, namely:-

( a) the appointment, powers and duties of the Controller of Exami11ations for the conduct of University Exammations;

(b) the powers and duties of the officers of the University, not ~pecifically prov1ded for in this Act;

(d) the procedure for election of members of the Senate, the Syndicate, the Academic Council and other authonties of the Univer· sity and all such other matters relating to these bodies, as may be necessary or desirable to provide;

(e) award of degrees, dtplomas, titles, certificates and other academic distinctJons by the U mversity;

(f) the withdrawal or cancellation of degrees, diplomas, titles, certificates and oth< r academic distinctwns;

(g) the maintenance of a register of registered graduates;

(h) the maintenance of a register ofrecogmsed teachers;

(i) the holding of convocations to confer degrees; ( J) the conditions and procedure for affiliation of colleges;

(k) conferment of honorary degrees;

(!) the maintenance of the accounts and the pt cparation and passing of the annual budget of the Un1vers1ty,

(m) all other matters which by this Act are to be or may be prescribed by Statutes.

31. Procedure for making St.atutes.-(1) The Senate may of its own motion take mto consideration the draft of a Statute:

Provided that in any such case, before a Statute is passed the Senate shall obtain and consider the opmion of the Syndicate.

(2) The Synd1cate may propose to the Scnatf the draft of any Statute and such draft shall be considered by the Senate at its next succeeding meeting.

(3) The Senate may approve the draft of a Statute proposed by the Syndicate and pass the Statute or may reject it or retut n 1t to the Syndicate for reconsideration either in whole or 111 part, together w1th amendments which the Senate rna)' suggest.

(4) After any draft returned by the Senate under sub-section(3) has been further considered by the Syndicate, together with any amendments suggested by the Senate, it shall be again pre.ented to the Senate with 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, it shall be submitted to the Chancellor who may refer the Statute back to the Senate for further consideration 01 asseJ?t thereto or w1thhold his assent.

(6) No Statute pa~sed by the Senate shall be valid or come into 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 status, powers or constitution of any authority of the University untd such authority has been given an opportumty of expressing an opinion upon the proposal; and any opinion so expressed shall be in writing and shall be considered by the Senate.

32. Ordinances.-Subject to the provisions of thi! Act and the Statutes, the Synd1catc shall have power to make Ordinances providing for all 01 any of the following matters, namely:

(a) the levy of fee~ in colleges and other institutions, by the University;

(b) the residence and discipline of students;

(d) the fixation of the scales of pay of various posts in the University and the terms and cond1tions of serv1ce of officers of the University; and

(e) all other matte1s which by this Act or the Statutes are to be or may be provided for by the Ordinances.

33. Procedure for making Ordinances.-(!) All Ordinance~ made under this Act shall have effect from such date as the Syndicate may direct, but every Ordinance so made and the repeal of any Ordi- nance shall be laid before the Senate during its next succeeding meeting.

(2) If any Ordinance or repeal of an Ordmance is not laid uefore the Senate as required by sub-sectiOn (I), the Ordmancc shall lapse or, as the case may be, the Ordinance repealed shall rev1ve, after the next succeeding meetmg of the Senate.

(3) No Ordinance involving expenditure shall be valid or come into force until assented to by the Chancellor. ( 4) Subject to the provisions of sub-sections (I) and (3), the procedure to be followed in making amend•ng or repealing Ordinances ~hall be prescnbed by the Statutes.

34. Regulations.-Subject to the prov1sions of this Act, the Sta- tutes and the Ordinances, the Academic Council may make Regulations prov1dmg for all or any of the following matters, namely:-

(a) the courses of stud1es and the conduct of examinations;

(b) the admission of students to the various courses of study and to the examinations,

(d) the appointment and prescription of duties of the Board of Studies and Examiners;

(e) recognition of examinations, degrees and diplomas of other Universities as equivalent to the examinations, degrees and diplomas of the University; and

( f) all otl~er matters which under the provisions of this Act, the Statutes and Ordm'l.nces are to be or may be prescnbed by Regulations.

35. Procedure for making Regulations.-(!) All Regulations made under this Act shall have effect from such date as the Academic Council may direct, but every Regulation so made shall be laid before the Senate during its next succeeding meeting.

(2) Subject to the prOVISions of sue-section ( 1)' the procedure to be followed in making, amending or repealing Regulations shall be prescribed by the Statutes.

I 36. Rules, bye·la ws and orders. - (I) The Syndicate shall have power to make rule~, byf-laws and orders not inconsistent wtth the pro- VISions of this Act, the St~ tutes, the Ordinances and the Regulations, for the guidance and workmg of Boards and Committees and other bodies c0nstituted under the provisions of this Act or the Statutes or the Ordinances or the Reguldtions and for regulating the procedure and conduct of business at meetings of any authority of the Umversity other than the Senate.

(2) All such rules, bye-laws and orders shall have effect from such date as the Syndicate may direct; but every such rule, by~-law or order shall be submitted to the Senate during its next succeedmg meetting.

(3) The Senate shall have power to cancel or modify any such rule, bye-law or order.

37. Publication in the Gazette.-All Statutes, Ordinances and Regulations made under this Act shall be published in the Gazette.

CHAPTER VI

Election to the Senate, the Syndicate and the other bodies of the University, filling up of vacancies and resignation, removal, etc., of Members of Authorities and Bodies y

38. Election of members to the Senate, Syndicate and other bodies of the University.-(!) The election of members to the Senate, the Syndtcate and other bodtcs of the Untversity shall be held in accor· dance With the system of proportional 1 epresentation by means of the single transferable vote and m accordance With the procedure prescnbed by the Statutes and the voung at such election shall be by secret ballot.

(2) Where, in an election to any authority of the University, a person has more than one vote in ~tfferent capacities, he shall be entitled only to one vote at such electiOn.

39. Filling up of vacancies.-(!) All vacancies among the members (other than Exofficio members) of any authority or body of the University by reason of death, resignation or otherwise shall be filled, as soon as may be, by the person or authonty who or which appointed, elected, or nominated the member whose place has become vacant.

(2) Any person appointed, elected or nominated under sub-section (1) shall hold office as member so long only as the member in whose place he is appointed, elected or nominated as the case may be, would have been entitled to hold office if the vacancy had not ~ occurred. ,

40. Resignation or removal of members of any authority or body.-(!) Any memt.er of any authonty or body of the Universtty may resign his office by letter addressed to the Registrar.

(2) The Senate may, on the recommendation of not less than two third, of the number of members of the Synd1c ltc, remov<' the name of any persJn convicted by a Court of Law of any offence invol- ving moral delinquency from the register of graduates or remove any ~uch person from membership of any auth011ty or body of the Umvers1ty and for the same reason may Withdraw any degree or d1ploma conferred on or granted by the University.

(3) The Senate may also remove any person from the membenhip of any authority or body of the Univers1ty if he becomes of unsound mind or a deaf-mute or has applied to l.Je adjud1cated or has been adjudicated an insolvent.

CHAPTER VII

Finance

41. University Fund.-( I) All grants and loans received from the State Government, the Government of India, the Umversity Grants Commission and from any other source, all revenues of the University, all fees received, all incomes such as rent and profits derived from pro- perties and funds vested in the UnivefSlty, all endowment and donations received from any source whatsoever, all other miscellaneous rece1pts of the University and all deposits, remittances and serv1ce funds, received in connection with the affairs of the University shall form one consolidated fund styled "The Kerala Univers1ty Fund" and ~hall be employed for the purposes and in the manner laid down m thiS Act and m the Statutes, Ordmances, Rules and Bye-laws mide thereunder :

Provided that separate accounts may be maintained for specific purposes.

(2) All moneys in the Kerala University Fund shall be lodged in the Government Treasury or With the approval of the Government in the State Bank of India or ItS subsidiaries up to such limit~ as may be fixed by the Government.

(3) The University may invest such part of the moneys in the Kerala University Fund, as it may deen fit, in Government securities Or securities guaranteed by the Government of India.

(4) The custody of the Kerala University Fund, the payment of moneys therein, the Withdrawal of money therefrom and all other ancillary matters shall be regulated by the Statutes, Ordmances, Rules and Bye-laws made in that behalf.

42. Grants from Government.-(!) The University shall 1 eceive as grants for its maintenance such sums subject to s·Jch conditiOns, as may be fixed by the Government from time to time.

(2) The Government may p1y to the University such other grants, subject to such conditions, as they thmk fit for spec1fic purposes.

43. Annual estimates of income and expenditure.-( I) The Syndicate shall prepare the financial estimates of the mcome and expenditure of the Univers1ty for the next cnsumg year before such date as may be prescribed by the Statutes, and forward the same together with a memorandum conveymg explanatory notes thereon to the Senate for cons1derat10n.

(2) The Senate shall cons1der the financial estimates at its annual meetmg and shall approve it, either Without alteratiOns or ·..vith such alterations as 1t may th111k fit.

44. Annual accounts.-(!) The annual accounts of the Univel· sity shall be pre pat ed under the directiOns of th~ Syndtcate 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 in the Gazette, and cop1es of such accounts and audit report shall be placed before the Senate and sub- mitted to the Government.

(3) The annual accounts shall be considered by the Senate at its annual meeting, and the Senate may pass resolutions with reference thereto and communicate the same to the Synd1cate which shall take actwn in accordance therewith.

45. Annual report.-(!) The annual report of the University shall be prepared under the directiQn of the Syndicate and shall be sub· mitted to the Senate on or before such date as may be prescribed by the Statutes, and shall be considered by the Senate at its next meeting.

(2) The Senate may pass resolutions on the annual 1eport and communicate the resolutions to the Syndicate.

(3) The Syndicate shall inform the Senate of the action taken by it on the resolutions passed by the Senate under sub-section (2) and shall submit a copy of the annual report together w1th a copy of the resolutions, if any, of the Senate under su b·section (2), to the Govern- ment.

(4) The Government shall, as soon as the annual accounts and annual report arc 1eceived, cause the same to be laid on the table of the State Legislative Assembly.

46. Audit of accounts of the University.-( l) The Govern- ment shall appoint aud1tors of the accounts of the Umversity and the institut10n under the management of the University. '

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(2) The auditors shall maintain a continuous audit of the acco. unts of the Un:verstty and may, after gtving due intimation, conduct local audtt of any institutton under the mangement and control of the Umversity.

(3) The University shall bear the cost of the audtt as fixed by the Government.

(4) After completing the aud1t for a year or for any shorter p~t iod or for any transact wn or series of transactiOns, the auditors shall ~end a report to the Univers1ty and a duplicate copy thereof to the Government.

(5) The auditors shall spectfy in the report under sub-section (4) all cases of irregular, lllegal or improper expenditure or of failure to recover moneys or other property due to the Universtty or of any loss or waste of money or other pro petty thereof caused by neglect or mis• conduct of the officers and authonttes of the U mverslty.

(6) The audttors shall also report on any other matter relating to the accounts of the Universtty as may be required IJy the Govern- ment.

(7) The University shall forthw1th remedy any defect or irre- gularity pointed out by the auditors and report the actiOn taken to the Government.

CHAPTER VIII

Private Colleges 4 7. Definition.-ln thts Chapter, "corporate management"

means a person or body of persons who or which manages more than one private college.

48. Governing body for private college not under corporate management.-( I) The educational agency of a p11Vate college, other than a pnvate college under a corporate management, shall constitute m accordance wtth the provJsiom of the Statute~ a governmg body consisting ot the followmg membct s, namely:-

(a) the prmc1pal of the pnvate college;

(b) the manager of the private college;

(d) a person nommated by the Government;

(e) a person elected in a.:cordance with such procedure as may be prescnbcd by the statutes from among themselves by the permanent teachers of the private college; and

(f) not more than six persons nominated by the educational agency.

(2) The governing body shall be a body corporate having per• petual succes~ion and a common seal.

(3) The manager of the private college shall be the chairman of the governing body.

(4) A member of the governing body shall hold office for a period of four years from the date of 1ts constitutiOn.

(5) It shall be the duty of the gove·ning body to administer the private college m accordance w1th the provisions of this Act and the Statutes, Ordmances, Regulations, Rules, Bye-laws and Orders made thereunder.

(6) The powers and functions of the governing body, the removal of members thereof and the procedure to be followed by it, including the delegation 0f its powers, shall be prescribed by the Statutes.

(7) Notwithstanding ar.ything contained in sub-section (6), decisiOns of the governing body shall be taken at meetings on the basis of simple majority of the members rrcsent and voting.

49. Managing council for pdvate colleges under corporate management.-(!) A corp01ate rroanagement shall constitute a managmg council for all the pnvate colleges under its management, consistmg of the following members, namely:-

( a) one prmcipal by rotation in such manner as may be prescribed by the Statutes;

(b) the manager of the pnvate colleges;

(d) a person nominated by the Government;

(e) tv.o persons elected in accordance With such procedure as may be prescr,bcd by the Stat,ltes from among themselves by the per- manent teachers of all the pnvate colleges; and

(f) not mme than fifteen persons nommated by the educa· tiona I a~ency.

(2) The managing council shall be a body corporate having perpetual succession and a common seal.

(3) The mana~er of the private colleges shall be the chairman of the managmg council.

(4) A memb<'r of the managing council shall hold office for a perioa of four ycat s from the date of 1ts constitution.

(5) It shall be the duty of the managing council to admimster all the private colleges under the c01porate management in accordance with the provisions of thiS Act and the Statutes, Ordinances Regula- tions, Bye-laws and Orders made thereunder.

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(6) The powers and functions of the managing council, the removal of members thereof and the procedure to be followed by it, includmg the delegatiOn of 1ts powers, shall be prescribed by the Statutes.

(7) Notwithstanding anything contained in sub-section (6), decisions of the managing council shall be taken at meetings on the basis of simple majority of the members pt esent and voting.

50. Appointmentofmanager.-(1) The educational agency shall appomt a manager for the private college or for all the pnvate colleges, as the case may be, under its management with111 the University area.

(2) The appointment or removal of the manager shall be inti- mated to the University by the educatiOnal agency.

(3) It shall be the duty of the manager to give effect to the decisions of the governing body or managmg council, as the case may be.

( 4) The manager shall exercise such powers and discharge such other duties as may be delegated to him by the educational agency and the governing body or managing council, as the case may be.

(5) Suits by or against a private college shall be instituted by or agamst the manager thereof.

51. Acts or proceedings of governing body or managing council not to be invalidated.-No act or proceedmg of a governmg body or mana,sing council shall be invalidated merely by reason of- ( a) any vacancy in, or any defect m the constitution of, the governing body or managing council; or

(b) any defect in the appointment of a person acting as a member of the governing body or managmg council; or

52. Affiliation of col1eges -(I) An applicatiOn for affiliatiOn to the University uf any college shall be sent by the educatiOnal agency of that college to the Registrar withm such t1me and in such manner as may be prescnbed by the Statutes.

(2) The terms and conditior.s of affiliation of a college and the procedure to be followed by the Syndicate in granting such affiliation shall be prescribed by the Statutes.

(3) Without prejudice to the generality of the provisions of sub- section (2), such 5tatutes may provide for the pattern of staff, scales of pay and' terms and conditiOns of service of members of the staff and admission and selection of students for courses and examinations.

53. Appointment of teachers in private colleges.-( I) Posts of principals of pnvate colleges shall be selectiOn posts.

(2) Appointment to the post of principal in a private college shall be made by the governing body or managing council,as the cac;e may ~

be, from among teachers of the college or of all the colleges, as the case y may be, or, if there IS no suitable person m such college or colleges, l from other persons.

(3) An appointment under sub-section (2) shall be made having regard to senionty and meru and shall be su¹)ject to the approval of the Syndicate.

(4) Appointments to the lowest grade of teacher in each depart- ment of a private college shall he made by the governmg body or managing council, as the case may be, by direct recruitment on the basis of merit.

(5) All appointments under sub-section (4) shall be reported to the Umversity for recogmtwn.

(6) Before making any appointment under sub-section (4), the post shall be advertised in such manner as may be prescnbed by the Statutes.

(7) Appomtments to the posts other than those referred to in sub-sections (I) and (4) shall be made by the governing body or mana- gmg council, as the case may be, by promotion from among the teachers of the college or of all the colleges, as the case may be, on the basis of 1fl ; senionty-cum-fitnes,, or, if there is no person possessing the qualifica- I tions prescribed for the post, by direct recruitment. I

(8) Notwithstanding anything contained in sub-sections (4) and

1 (7), a teacher d1schat ged from a private college due to abolition of a I course of study Ill the pnvate college shall be given preference m the matter of appointment 1fthe course is re-started 111 that pnvate college 1 within a pet iod of three years : 1 Provided that a course of study shall not be abolished without the prior approval of the llmversity. (9) Any tcachct aggrieved bv an appointment under sub-sec- tion (7) mav, wttlun sixty days ftom the date of the appomtment, appeal to the Syndicate, and the dect~ion of the Syndicate theie0n s~.al1 be final (10) Every appointment under th1s section shall be made by a wlitten order of the manager m such form as may be prescribed by the Statutes, cOJrmunicatcd to the person to be appomted with copy to the University. 54. Qualifications of teachers.-Teachers of private colleges shall possess c;uch qualifications as may be presc1 ibed by the RegulatiOns. 55. Probation -(I) Teachers of pt ivate colleges shall be on probatiOn for a pcnod of one year 11 ithin a penod of two years :

Provided that in excepthnal cases the period of probation may be e'

Explanation.-Probation undergone by a teachet bef01 e the commencement of thl'., Act shall be deemed to be probatwn for the put p JSes of th1~ sub-section, pt ovtded such pt obatwn is withm a period of two yca~s immediately bef01e such commencement.

(2) The govet ning body or managing council, as the case may be, may, at any ttmc befot c the prescnbecl period of probation, term mate the probatiOn of the pt oba tioner for want of vacancy and discharge lum from set vtce if he was appointed by dtrect recruitment or revert htm to hts Otiginal appomtment tf the appointment to the new post was hy transfer on pt omotwn.

(3) Any pt ol>atwnet discharged or revet ted under sub-sectton (2) ~hall he given pt eference m the matter of future appointments to the same post.

(4) On satisfactory completion of probation, the governing body, 01 managing council, as the case may be, shall confirm the teacher 111 the post tf the post is substantively vacant, and if the po~t IS not substantively vac:mt or tf the appointment is for a specific pet iod, the teacher shall be allowed to continue f01 the remaining period of IllS appointment.

(3) If, on the expiry of the prescnbcd pctJod of p10bation, the govf't nmg body or managmg council, as the case may be, decides that the teache1 1S not suttablc fot contmuance m the post m whtch he 1s appointed It shall d1scharge him from serv1ce or tevert h1m to Ius on~tllal app-)mtment, as the Cdse may be, after gtvmg lnm a teasonable oppOt• tunity of showmg cause agamst the act1on p10pcsed to be taken in1c~atd tohim.

(6) Where the po~t held by the probatl011CI is ~ubstantively vacant .md befme the expny of one month fnm thf! ptesctibcd prt!Od of probatiOn h~ 1~ nat cJnfirmed U11dcr sulJ-section (4) or ts not dtschar:5cd or re\'et ted undc1 sub-section (5), he shall be deemed tJ have been confirmed 111 that post.

(7) A probatiOner who is discharged 01 revet ted undet sub- ~ection (5) shall be entttled to appeal agawst tlte order of d1schatge 01 t evet sion to the VIce-Chancellor withi•1 a penod of s1xty days from the date on winch he receives a copy of the orde1, and the 01det of the VIrc-Chancellor on surh appeal shall be final.

SG. Conditions of service of teachers of private colleges.-

( I) The conditions of s~t vtcc of teachet s of pnvate rolleges, mcludlll({ co mitt tons rc Ia tmg to pay. penswn, provtdent fund, gratu tty, msurance and age of 1 ettre ment shall he such a~ may be pre'iCtJbed by the Statutes, 3 '00 . i ~ • )

(2) No teacher of a private college shall be dismissed, removedt or reduced in rank by the govcrnmg body or managing council W ¹

thou the previous sanct10n of the VIce-Chancellor or placed under suspensiOn by the governmg body or managing councd for a contmuous period exceeding fifteen days without such previous sanctiOn.

(3) No disc1phnary action shall be taken against a teacher with- out g1vmg him a reasonable opportumty of showmg came against the actiOn j)roposed to be taken agaimt h1m.

(4) A teacher against whom disciplinary action is taken shall have a right of appeal to the Synd1cate, cll1d the Syndicate shall have power to mde1 reinstatement of the teacher in ca~rs of wrongful removal or dism1ssal and to mder such other Iemedial measures as 1t deems fit, and the governing body or managmg council, as the case may be, shall comply With the orde1.

57. Past disputes t'elating to service condition of teachers.-

Notwithstanding anvthmg contamcd in any law fm the time being in force or in any contract or m any judgment, decree or order of any court or other authority-

( a) any dispute between the rr.anagement of a private college and any teacher of that college 1 elating to the conditions of service of such teacher pendmg at the commencement of tim Act shall be dec1ded under the provisions of th1s Act and the Statutes rr.ade thereunder,

(b) any di Membership of Legislative Assembly, etc., not to disqualify teachers.-A teacher of a puvate collrge shall not be dzs- quahfied for contmuing as ~uch teacher merely on the grounc! that he has been elected a~ a member of the Legislative As~embly of the State or of Parhan:ent or of a local authority:

Provided that a teacher who is a member of the Legislat1ve Assembly of the State or of Parl1ament shall be on leave dmmg the penod in wh1ch the Legislattve Arscmbly or Parlzament, as the case may be, is in session.

59. Non-teaching staff of private colleges.-The proVISIOn~ or this Chapter shall,

60. Transitory provision.-Ail pnvate colleges exi5tmg in the University area immedtately before the commencement of thts Act and ~ affiliated to the Universlly shall, wtthm a penod of srx months from the commencement of thts Act, comply wtth the proviSions of this Chapter.

61. Colleges not complying with provisions of this Act.-

( I) If the Syndtrate ts sati<;fied that any ptivate college has not romplted wtth any provJslOn contamed m tlus Act, tt may recommend to the Government for wtthholdmg or dtscontmmng ardor grant or it may di,affihate the college from the U nivet stty:

Provided that befme disaffihating a college, the educatiOnal agency and the govet ning body or managmg council, as the case may be, shall be given an opportuntty of bcmg heard.

(2) If the Government are sattsfied that any private college has not complied wtth any of the pr ovis10ns of this Chapter, they may, by order, direct that the college shall not be given any aid or grant from the Govert1ment.

Provided that before making any such order, the educational agency and the governing body or managing council, as the ca~e may be, shall be given an opp01 tunity of being heard.

CHAPTER IX

Miscellaneous

62. Power of Government to cause inspection of the Uni- versity.-( I) The Government shall have the right to cause an inspectton to be made by <;uch person or persons as they may dm~ct, of the U mverstty, Its buddm~s, laboratones, libt anes, museums, work· shops and equtpments, and of any m~tttutions maintained, recogmsed or appnved by, or affiliated to, the lJmversJty, and also cf the work conducted by the Umvetstty, and to cau~e mqutry to be made m respect of any matt<'r connected with the U111vcrsity.

(2) The Government shall, before tah.mg any actwn under sub- sectton (I), ~tve not tee to the Umverstty of thetr mtension to cause such in<;pectton or inquuy to be made dnd the Umverstty shall be entttled to be represented thereat.

(3) The Government shall commumcate to the Syndtcate the result of any inspcctron or mqtury made under sub-section ( J) and may, alter asr.ertammg the opiniOn of the Syndicate thereon, convey their vtews to the Senate and to the Syndicate. ( 4) The Covet nment may, after constdcnng the VIews of the Scnatt· and th<' Synd1catc on the result of any impectwn or inquiry unc' er su b-scct10n (I) advtSl' the U nive1 sity upon the act Jon to be taken in the matter.

(5) The Syndicate shall report to the Government the action, if any, which is proposed to be taken, or has been taken, upon the result of any mspection or inqUiry under sub-section (I).

(6) A report under sub-section (5) shall he submitted With the opinion of the Senate thereon and withm such time as the Government may direct.

(7) Where the Senate or the Syndicate does not, Within a reason• able time, take any action rcfetred to in sub-section (4) to the satisfaction of the Government, the Government may, after considei mg any expla- natiOn furnished or representatiOn made by the Senate or the Syndicate m the matter, issue such dm·ctions as they may thmk fit, and the Senate and the Syndicate <>hall comply With such directions.

63. Power to regulate the management of private colleges.-( I) Whenever Government arc satisfied on receipt of a rep01 t fmm the University or upon othci mformation that J. grave situation has arisen m which the workmg of a pnvate college cannot be carried on f01 all or any of the followmg reasons, namely:-

(a) default m the payment of the salary of the member' of the staff of the college for a pe11od of not less than tht ee months ;

(b) vv ilful closing down of the college fat a period of not less than one month except m the case of the clo<>ure of the college during a vacatiOn;

(e) persistent default or 1 efusal to carry out all or any of the duties Imposed on any of the authonties of the college by this Act or the Statutes or Ordmances or Regulations or Rules or Bye-laws or lawful 01deJs passed the1eunder;

and that in the intct est of the private college it 1s necessary so to do, the Government may, after givmg the govern!ng body or manag1ng council, as the case may be, the manager appomted under sub-sectiOn

(I) of sectiOn 50 and the educatiOnal agency, 1f any, of the college a reasonable oppOitumty of showmg cause agamst the proposed action and afte1 considenng the C,lU~e, 1fany, shown, by order, appomt the UmveiSity to manage the aflairS of such private college t~mporarily for a pe110d not excerding two years:

Prov1ded that in cases who~e actwn IS taken under this sul::-sectwn otherwise than on a report from the U mvers1ty, it shall be consulted before takmg <>uch action.

(2) On appointment uf the Umvel'Ity to manage the affairs of a pnvate college under sub-section (I), It shall, subJect to the provisions of sub-section (3)~have all the powers and funct1ons of the governmg body or the managing council, as the CclSe may be, under tim ,\ct and the Statutes.

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(3) The Univer~ity sl1dll submit a monthly report of the decisions taken by 1t m connection with the management of the private college ~ to the governmg body or managing council, as the case may be. ( 1) If the governing body or managing council, as the case may be, disapproves any decb1on taken by the Umvers1ty 111 connection with the management of the plivate college the matter shall be n:feired by the governing body or managmg council, as the case may l~e to the Government, Withw one month of the date of receipt of the 1 epor t under sul:-~ectwn (3) who shall thereupon pass such order thel(_0n as they thmk fit and cornmumcate the same to the governmg body or md.naglllg council and also to the Umversity.

( 5) On receipt of an order of the Government unde1 suiNection (4), the UnJve1~1ty shall mod1fy its decisions in comond.nce \\Jth such 01 der.

(G) l'he manager appomted under sub-section (I) of section 50 sh,t\1 be bound to g1ve effect to the decisiOns of the Untversity and 1f at any tirr:e, It appears to the Unive1~1ty that the manager u not carrying out 1ls deciSions, 1t may, for reasons to be recorded in \\'riting and after giving the manage1 an opportunity of bemg heard, by order remove !urn f10m office c1nd appomt another person to be the manager ~ after consulung the educational agency.

( 7) !'he manager who IS removed from office under sub-section (6) may, Withnt d. pcnod of tlurty days from th~ date ofrece1pt by him of the 01 de1 under that sub-sectwn, appeal to the Government and the decisiOn of the Government thereon shall be fina!.

(8) The governing body or managing council, a~ the case may be, may, at any time, apply to the Government for tcrmmatwn of the appmntment of the Umvers1ty under sub-section (I) and if the Govern- ment eire satisfied that the circumstances no longet 1 eqUire the contmu- ance of d.ppointment of the U m versity to manage the affairs of the pnvate college, they may, by ordct termmate such appomtment.

(9) '1 he governmg body or managing council, as the case may be, c1nd tl1e educational agency, 1f any, of the private college shall be liable to pay to the University all expenses mcurred by the Umverstty out of Unrverstty funds for the management of the affairs of such pnvate college under thts section.

(I O) Any amount pd.yable to the Untvetsity under sub-section (9) shall be a fit ~t charge on the as~ct> of the pnvate college. l1: (II) 'J he U mversity shall mctrntam the accounts for the income and cxpcm!Iture of the pnvate college for the period durmg wh1ch 1ts affatrs have been managed by the Umversity under thts section and ~hall be !Jal;le to pay over annually to the govermng body or the managmg counctl, as the case may be, of the pnvate college, the balance, tf any, after meetmg all the expen~es out of the income.

(12) l'he educational agency, if any, and the governing- body 01 the managmg counct!, as the case may be, of the pnvatc college ~hall have acces~ to the accounts ma111ta111ed by the Umvcrstty Ill respect of the pnvate college under sub.;ectton (II).

64. Appointment of Commission to inquire in to the working of University.-( I) The Govnnment may at any ttme and shall, at the expirat1on of ten years from the commencement of th1s Act and thereafter at the exptration of every ten years, by order published m the Gazette, constttute a Commt;swn wh1ch shall consist of a chairman and such other members not exeeeumg five a~ the Go"et nment may appomt, and such order shall define the procedure to be followed by the CommissiOn.

(2) The Commission const!luted under o;ub-section (I) ~hall inquire mto and report on-

(t) the workmg of the Utuvu~tty dUting the period to which the inquiry 1 dates,

(i1) the financtal posttton of the Umverstty includmg the financial position of its colleges and departments , (iu) any changes to be made m the piOvisJOns ol the Act or the Statutes, Ordinances, Ruks and bye-laws made thereundet with a vtcw to br ingmg about ImpiOvements 111 the affatrs of the Umver>tty; and

(iv) such other matters as may be referred to it by the Govern- ment and make such rccomm'cndatwns to the Government as it thmks fit.

(3) On receipt of the rt:port and the recommendatiOns of ~he Comm1ssion under sub-section (2) the Government shall fot thwith refer such report and recommendatiOns to the Sen1tc for constdetatwn and report.

( 4) Immediately after the Senate has considered the 1 eport and recommendations of the CommiSSIOn and submttted Its report to the Government, the Government shall constder the report of the Senate and pass such orders thereon as they tlunk fit and shall also cau;e the same to be published 111 the Gazette.

65. Power of Government to make rules.-(!) The Govern· mcnt may, by not1ficatton m the Gazette, make rules not mconsistcnt wtth the provtswns of thts Act, for the purpose of exereismg the powers and d1schargmg the duties conferred or unposed on the Government by tim Act.

(2) Every rule made under this sectiOn sh<11l be la1d as soon as may be after it is made, before the Lcgtslattve A~sembly w'hile it is in sesswn for a total penod of fourteen days wh1ch may be comprised in one session or m two successive sessiOns, and 1f, before the <"xpiry of the session in wh1ch It IS so la1d or the session Immediately following, the

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l.egi~lative Assembly agrees in making any iaodificat1on in the rule or the Legislative Assembly agrees 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 mocld1catwn or annulment shall be Without preJUdiCe to the validity of anythmg previously done under that rule.

66. Register of recognised teachers.- (I) The Syndicate shall maintain a register of recogmsed teachers of the U niver3tty m such form as may be picscnbed by the Statute~.

(2) The Syndicate shall have power to sw,pend or remove from the regi~ter of recognised teachcis the name of a teachei for ieasons to be rec01 ded m wnting :

Provided that the name of a teacher shall not be suspended or removed w1thout gtvmg hun a reasonable oppoi tumty of bemg heard.

(3) A teache1 whose name is suspended or removed from the reg1~ter of recogmsed teachets shall not be ehgtblc for appomtment or contmuance as a teacher 111 any of the mstitut10ns affiliated to the U 111 verstty.

( 4) An appeal shall lie to the Chancellor agamst the decision of the Syud1cate under sub-section (2).

( 5) The regtster of recognised teachers shall be mamtained in such manner as may be p1escnbed by the Statutes.

67. Conditions of service-( I) Save as otherw1se prov1ded by or under th1s Act, every salaued officer and teacher of the Untveisity ~hall be appointed under a wntten contract.

(2) The wt !lten contract refei red to in sub-section (I) shall be lodged with the Regtstrar and a copy thereof shall be furn1shed to the officer or teacher concerned.

(3) Any dispute ansmg out of a contract between any officer ot· teacher of the Umverstty and the Umverstty shall, on the 1equest of the office• or teacher concerned, be teferred to a Board of Arbitration con- ststmg of one member appointed by the Synd1cate, one membet nommated by the Government not below the rank of a District Judge and a nornmee of the officer or teacher concerned.

(4) The menber nominated by the Government shall be the chatrman of the Board of Arblttatwn.

(3) The award of the Board shall be final and no SUit shall hem any civil court m respect of the matter dec1ded by the Board.

(6) 1 he provisions of the Arbttration Act, 1940 (Central Act 10 ol 194U), shall apply to any arbttrat1on under thts sectwn.

68. Pension, insurance and provident fund.-1 he Umversity ~hall make app10pnate prov!Slons for the benefit of Its officc1 s, teachers .1nd other servants under their controlm matters of msutance, penston

and plOV!dcnt fund anJ fm ~ueh othc1 benefits as 1t 111ay deem fit, in such m may be presCJ 1bed by the Ordmd.nccs.

6q. Proceedings of the University and bodie~ not to be invalidated by vacancies.-l\o act or proceedmg of the Scn,ltc, the Syndicate, the AcademiC Councd or other body constituted under this Act or the Statutes or the Ordmances shall be deemed to be inval1d me1 ely by reason of any vacancy 111 the body domg or pas~ing it, at the ome any such act or proceedmg IS done 01 passed.

70. Proceedings of the Senate, Syndicate and Academic Council.-'! he Reg1stra1 shall forward to the Gcvernment wllhm one month of the date of any meetmg of the Senate or the Synd1cate or the Academic Councd cop1cs of the proceedmgs of such meetwg.

71. Dispute as to constitution of University authority or body.-If any question a11se~ regardmg the mterp1etat1on of any pro- VISion of tlus Act, 01 of any Statute, Ordmance, Rule or Bye-law or as to whethe1 a pe1son has been duly elected or appomtcd, or IS entitled to be, a member of any authonty or othei body of the Umversity, the matter may be referred to the Chancellor and shall be so referred to him If not le~s than tv.enty-five members of the Senate so reqUire ; and the Chancellor shall, after takm~ such adviCe as he deems neces- sary, dec1de the questiOn and such decisiOn shall be final.

72. Report on affiliated colleges.-The VIce-Chancellor shall at the end of every four years f10m the commencen.ent of ttus Act, sub- mit a report to the Government on the conditions of affihated college~.

73. Protection of acts and orders.-All acts and ordeis cluly and m good faith done or passed by the Umvcr~Ity or any of ItS authm 1ttes, bodies or officers shall be lmal , aut.l no suit shall be mst1· tuted against, ordamagecloimed from, the Un1versityor ttsauthontHs, bodies or officers for anythmg purportmg to be done m pursuance of this Act and the Statutes, Ordmances, Regulatwm, Rules and Hye-laws made thereunder.

74. Institutions affiliated to University.- (I) All colleges ex1stmg Ill t;Je Umversity area 1mmedtately bef01 e the commencement of this Act shall stand affiliated to the U mversity.

(2) The Government may, at any time, transfer to the Univer- Sity any m~titutJOn subject to such terms and conditiOns as may be agreed upon between the Government and the UnJveislty as 1cgards it~ future maintenance and control.

75. Transitory provisions.-(!) Any officer or authonty of the University ofKerala exerc1smg any powe1 s or performing any cJ ut1es under the Kerala Univemty Act, 1957 (14 of 1957), tmmediately before the commencement of th1s Act shall, for a penod of one year from such \

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commencement or until the correspond1ng officer or authm ity i~ appomted, elected, nommated or cons•1tuted, as the ca~e may be, 111 acco1dance w1th t'.e proviSions of th1s Act or t~e Statutes 01 Orr:IJ- nances made thereunder, whichever is earlier, contm ue to e>..ei c1sc such po,,e,s or perform such dut1es, as the case may be, so far as such powers or dut1es are not Inconsistent w1th the prov1sions of th1s Act.

12) The Statutes, Ordmances, Rules and Bye-laws in force imn ediately before the commencement of this Act ~hall, in so far as the\ are not mcons1stent w1th the proviSions of th1s <\ct, contmue to be m force until they are replaced by the :;tatutes, Oidm.tnces, Rules 01 Bye-laws framed unde1 this Act.

(3) All properties, all nghb of whateve1 kmd, used, enjoyed or pmsessed by and all mterests of whatever kmd owned by or vest<.d 1n or held in trust by 01 for the University of Ke1ala constituted under the Ke1ala Umve;-sJty Act, 1957 (14 of 1957) and all lJabJIIt,es legally subsisting agamst the sa1d Umvers1ty and have uot pa~sed on to the Calicnt U mve1 s1ty on the ba~1s of area-w1~e 01 purposc-wJse d !ViSIOn ~hall pass to the Un1versity constituted under th1s Act.

(4) All persons who are registe1ed graduates of the Umverslty of Ke1ala constituted unde1 the Kerala Unive1s1ty Act, 1957 (14 of

1 957), and do not become registered graduates of the Umver~ity of Calicut m accordance with the provisiOn therefor in the Calicut Un1- vers1ty Act, 1968 shall be deemed to be reg1ste1 ed gr au ua tes of the Un1versity constituted under this Act. 76. First Statutes and Ordinances.-Notl\ ithstanding anv- thing contamed m th1s Act the first Statutc:s and the first Ordmanc~s of the Umvers1ty sh,dl be made by the Government. 77. Removal of difficulties.-! I any d1fficulty a11ses as to the first constitution or reconstitUtion of any authonty of 1hc Umverslly alter the commencement of this 1\ct, 01 othe1 w1se m first givmg effect to the povJsiOns ofthi~ Act, the Government may, by mder, do anythmg "h1ch appears to them necessa1 y fm the purpose of 1 emoving the difficulty. 78. Repeal.-The Kerala University Act, 195 7 (I+ of 195 7), is hereby repealed.