ACT 22 OF 1996
THE KANNUR UNIVERSITY ACT 1996
KANNUR UNIVERSITY
ACT 22 OF 1996
THE KANNUR UNIVERSITY ACT 1996
KANNUR UNIVERSITY
Kannur University Act 1996
K annur University Act I 996
THE KANNUR UNIVERSITY ACT, 1996
CONTENTS
Preamble 9
Sections :
C HAPTER l
Preliminary
1. Short title and commencement 11
2. Definitions 11
C h a p te r II
The University
3 The University 16
4. Territorial limits 16
5 Powers of the University 17
6 University open to all classes and creeds. 21
C h a p t er Ill
The Chancellor, the Pro- Chancellor and Officers of the
University
7. The Chancellor 23
The Pro-Chancellor 25
. Officers of the University 25
10. The Vice-Chancellor 25
11. Powers and duties of the Vice - Chancellor 27
12. Vacancy in the office of Vice-Chancellor 30
13. The Pro-Vice-Chancellor 30
14. The Registrar 31
15. The Controller of Examinations 31
3
K annur University Act I 996
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
Finance officer
Appointments to be notified
Ch a p te r IV
Authorities of the University
Authorities of the University
Senate
Reconstitution of Senate
Powers and functions of Senate
Meetings of Senate
The Syndicate
Term of office of members of Syndicate
Powers of Syndicate
The Academic Council
Powers and duties of Academic Council
Faculties
Deans of faculties
Boards of Studies
Students’ Council
Powers and duties of Students’ council
Finance Committee
Planning Board
Other Authorities of University
Disqualifications for membership
32
32
33
33
38
40
4o
41
43
44
49
52
53
54
55
55
57
58
59
60
60
K annur University Act I 996
C h a p te r V
Statutes, Ordinances, Regulations, Rules and Bye-Laws
37. The Statutes 62
38. Procedure for making Statutes 64
39. Ordinances 65
40. Procedure for making Ordinances 66
41. Regulations 66
42. Procedure for making Regulations 67
43. Rules, bye-laws and orders 67
44. Publication in the Gazette 68
Ch a p te r VI
Election to the Senate, the Syndicate and other Bodies of the
University, filling up of vacancies and Resignation, Removal,
etc. of members of Authorities and Bodies
45. Election of members to the senate, the Syndicate
and other bodies of the University. 69
46. Filling up of vacancies 69
47. Resignation or removal of members of authority or body. 70
Ch a p te r VII
Finance
48. University Fund 72
49. Grants from Government 73
50. Corpus Fund 73
51. Annual estimates of income and expenditure 73
52. Restriction on diversion of funds 73
K annur University Act I 996
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
Annual accounts
Annual reports
Audit of accounts of the University.
C h a p t er VIII
Private Colleges and Affiliation of Colleges
Definitions
Governing body for private college under
unitary management.
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 of private colleges
Probation
Conditions of services of teachers of private colleges
Disciplinary powers of educational agency over
teachers of private colleges.
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
6
74
74
75
76
76
77
78
80
80
81
83
83
85
86
89
90
90
91
91
94
Kannur UniversityAct I996
73. Private colleges to comply with provisions of Chapter
within six months 94
74. Colleges not complying with provisions of this Act, etc. 95
C h a p te r IX
Miscellaneous
75. Code of conduct for teachers of affiliated colleges 96
76. Inspections 96
77. Appointment of commission to inquire into the
working of University 97
78. Power of Government to make rules 98
79. Transfer of service of certain employees from the
University of Calicut to the Kannur University. 99
80. Transfer of accumulation in provident fund and
other like funds 100
81. Conditions of service 100
82. Pensions, Insurance and Provident fund 101
83. Proceedings of the University and Bodies not to be
invalidated by vacancies. 101
84. Proceedings of the Senate, Syndicate and
Academic Council 101
85. Decisions of certain disputes by Chancellor 102
86. Report on affiliated colleges. 102
87. Protection of Acts and orders 102
88. Bar of Jurisdiction of Civil Court 102
89. Institutions affiliated to University. 103
90. Duty of teachers in connection with
University examinations 103
Kannur UniversityAct I996
91. Punishment for irregularities by teachers
at examinations 104
92. (*)
(*) Omitted by the University Laws (Amendment)
Act, 2005 (Act 2 of 2005) 105
93. Appointment of the first Vice-Chancellor 105
94. Appointment of Registrar, Controller of
Examinations and Finance Officer during initial
period of 2 year. 105
95. Nomination of first University Authorities
96. Colleges and other institutions within thejurisdiction
of the University. 106
97. Special provisions in respect of un-aided colleges. 107
98. Apportionment of funds and assets of the University
of Calicut. 107
99. Act 5 of 1975 not to apply. 108
100. First Statutes and first Ordinances. 109
101. Removal of difficulties. 110
102. Special provision regarding construction of
references to “Malabar University”, “Malabar University
Ordinance” and Malabar University fund. 110
103. Repeal and Saving. 111
— Kannur UniversityAct 1996
ACT 22 OF 1996
THE KANNUR UNIVERSITY ACT, 1996
An Act to establish and incorporate a University at
Kannur by the name Kannur University.
Preamble - WHEREAS - It is considered necessary to
establish a teaching, residential and afliliating University
in the state of Kerala to provide for the development of
higher education in the Kasargode and Kannur revenue
Districts and the Manandavady taluk of the Wayanad
district in the state which are lagging in the field of higher
education.
BE it enacted in the forty seventh year of the Republic of
India as ACT 22 OF 1996
Kannur University Act 1996
10
K annur University Act I 996
C hapter 1
PRELIMINARY
1. Short title and commencement — (1) This Act may be called
the Kannur University Act; 1996.
(2) It shall be deemed to have come into force on the 9111 day of
November 1995.
2. Definitions - In this Act unless the context otherwise requires
0)
(ii)
(iii)
(W)
(V)
(vi)
(vii)
“Academic Council” Means the Academic Council of
the University.
“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 Statute, Ordinance
and Regulations:
“Annual Meeting” Means one of the ordinary meetings
of the Senate held every year under sub-section (1) of
section 22 and declared by the Statutes to be the annual
meeting of the Senate;
“Appellate Tribunal” Means the Appellate Tribunal
constituted under sub-section (1) of section 72;
“Board of Studies” means of a Board of Studies of the
University;
“Chancellor” means the Chancellor of the University;
“College” means an institution maintained by; or
affiliated to the University in which instruction is given
in accordance with the provisions of the Statutes;
Ordinances and Regulations;
11
Kannur University Act I 996
(viii)
(iX)
(X)
(xi)
(xii)
(xiii)
(xiv)
(XV)
(xvi)
(xvii)
(XViii)
“Department” means a department designated as such
by the Ordinances or Regulations with reference to a
subject or group of subjects;
“Educational Agency” means any person or body of
persons who or which establishes and maintains a private
college or more than one private college;
“Faculty” means a faculty of the University;
“Government College” means a college maintained by
the Government and affiliated to the University;
“Hostel” means a unit of residence for the students of
the University or the colleges;
“Non-teaching staff’ of the University or a College
means the employees of the University or that college;
as the case may be other than teachers;
“Prescribed” means prescribed by the Statutes,
Ordinances; Regulations; rules or bye-laws made under
this Act;
“Principal” means the head of a college;
“Private college” means college maintained by an
educational agency other than the Government or the
University and affiliated to the University;
“Pro-Chancellor” means the Pro-Chancellor of the
University;
“Professional College” means a college in which
instruction is given only in any one or more of the
following subjects; namely;-
(a) engineering and technology;
12
Kannur UniversityAct 1996
(b) public administration;
(c) allopathic medicine and paramedical subjects;
(d) dental medicine;
(e) ayurvedic medicine;
(f) homoeopathic medicine;
(g) 12W;
(h) educational studies;
(i) imaging technology;
(j) fashion technology and beauty culture;
(k) biotechnology;
(1) hotel management;
(m) management studies;
(11) forest and wood technology;
(0) opto electronics;
(p) industrial fisheries;
(q) textile technology;
(r) Visual arts;
(s) music;
(t) pharmacological studies;
(u) ceramic technology;
(V) environment studies;
(W) computer science;
(X) marine technology; and
13
Kannur University Act I 996
(y) any other subject to promote advanced knowledge in
modern science and Technology which the University
may deem fit to include in its educational programme.
(xix) “Pro-Vlce-Chancellor” means the Pro-Vice-Chancellor
of the University.
(XX) “recognized institution” means an institution for
research or special studies, other than an affiliated
college, recognized as such by the University;
(xxi (*)
(*)0mitted by The University Laws (Amendment)
Act,2005 (Act 2 of 2005)- Deemed to have come into
force on 06/01/2005.
(xxii) “Senate” means the Senate of the University;
(xxiii) “State” means the State of Kerala,
(XXiv) “Statutes, Ordinance, Regulations, by Laws and Rules”
means respectively, the Statutes, Ordinance, Regulations
by Laws and Rules of the University.
(XXV) “Student” means a part time or full time student
receiving instruction or carrying on research in any of
the University departments, colleges or recognized
institutions,
(xxvi) “Students Council” means the students council of the
University,
(xxvii) “Syndicate” means the syndicate of the University,
(xxviii)“Teacher” means a principal, professor, associate
professor, assistant professor, reader, lecturer, instructor
or such other person imparting instruction or supervising
research in any of the colleges or recognized institutions
14
K annur University Act I 996
and Whose appointment has been approved by the
University;
(XXiX) “Teacher of the University” means a person employed
as teacher in any institution maintained by the
University;
(xxix A) *“Un-aided college” means a private college which is
not entitled to any financial assistance from the
Government or the University.
*Inserted by The Kannur University (Amendment) ACT
2001(Act 14 of 2001)
Deemed to have come into force on 28/08/2001.
(XXX) “University” means the Kannur University Constituted
under this Act;
(XXXi) “University area” means the area to which the
jurisdiction of the University extends under sub -section
(1) of section 4;
(xxxii) “University Fund” means the Kannur University Fund
established under sub-section (1) of section 48;
(xxxiii)“V1ce- Chancellor” means the Vice- Chancellor of the
University.
15
Kannur UniversityAct 1996
Chapter II
THE UNIVERSITY
3. The University :-
(l) The Chancellor, the Pro-Chancellor, the Vlce Chancellor,
the Pro-Vlce-Chancellor and the members of the Senate,
the Syndicate and the Academic Council, for the time being,
shall constitute a body corporate by the name the “Kannur
University”.
(2) The headquarters of the University shall be at Kannur.
(3) The University shall have perpetual succession and a
common seal, with power to acquire, hold and dispose of
property, both movable and immovable, and to enter into
contracts and shall sue and be sued by the said name.
(4) The University shall establish, maintain, manage and
develop campuses at Kannur, Kasaragod, Mananthavady,
Payyannur, Thalassery, Kanhangad and such other places
as are necessary for providing study and research facilities
to promote advanced knowledge in Science and Technology
and other relevant disciplines and the campus in the
University headquarters at Kannur shall be the main
campus.
4. Territorial limits:-
(1) The jurisdiction of the University shall extend to the
Kasaragode and Kannur revenue districts and the existing
Mananthavady taluk of the Wayanad district of the State.
(2) No educational institution situated beyond the territorial
limits of the University shall, save with the sanction of the
Chancellor and the Government, be affiliated to the
16
Kannur UniversityAct 1996
University, and no educational institution within the
territorial limits of the University shall, save with the
sanction of the Chancellor and the Government, seek or
continue affiliation to any other University established by
law.
5. Powers of the University.°- Subject to the provisions of this
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
provision for research and for the advancement and
dissemination of knowledge,
*(ia) to confer academic autonomy to an affiliated college,
department of an affiliated college or University
department,
* Inserted by the University Laws (Amendment) Act, 2005
(Act 2 0f2005)-
Deemed to have come into force on 06/01/2005
(ii) to introduce semester and credit system of courses of study
and examinations,
(iii) to institute degrees, titles, diplomas and other academic
distinctions
(iv) 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 there
from in the manner prescribed, and shall have passed
the prescribed examination, or
17
Kannur University Act I 996
(V)
(vi)
(vii)
(b) shall have carried on research under prescribed
conditions and which has been duly evaluated;
to confer honorary degrees or other distinctions on
distinguished persons in accordance with the conditions
to be prescribed in the Statutes;
to grant diplomas, certificates or other distinctions to
persons who shall have pursued a prescribed course of
study under prescribed conditions;
to withdraw or cancel degrees; titles; diplomas; certificates
or other distinctions under conditions that may be
prescribed by the Statutes; after giving the person affected
a reasonable opportunity to present his case;
(viii) to maintain; supervise and control the residence and
GK)
(X)
(xi)
discipline of students of the University; campuses; colleges
and recognized institutions and to make arrangements for
promoting their health and general welfare;
to recognize hostels which are maintained by bodies other
than the University and to withdraw such recognition;
to exercise such control over the students as will ensure
their physical and moral well-being;
to constitute a Board to entertain; to adjudicate upon and
to redress any grievances of the students of colleges, who
may; for any reason be aggrieved; otherwise than by an
act of any court;
*(Xi a) to fix the minimum infrastructural facilities that shall be
provided in an un-aided college;
>“(xi b) to fiX the qualification of teachers and non-teaching staff
of an un-aided college;
18
K annur University Act I 996
*Inserted by the University Laws (Amendment) Act, 2005
(Act 2 0f2005)
Deemed to have come into force on 06/01/2005
(xii) to fix the fees payable to the University and to demand
and receive such fees,
(xiii) to fix and regulate, with the previous sanction of the
Government, the fees payable in colleges and recognized
institutions affiliated to the University;
(xiv) with the previous sanction of the Government, to regulate
the emoluments and to prescribe the duties and conditions
of service of teachers and non-teaching staff in private
colleges,
(xv) to hold and manage endowments and bursaries and to
institute and award fellowships, scholarships,
studentships, medals and prizes and to organize
exhibitions,
(xvi) to institute and provide fimds wherever necessary for the
maintenance of-
(a) a Students’ Advisory Bureau,
(b) an Employment Bureau,
(c) a University Union for students,
(d) University Athletic Clubs,
(e) the National Cadet Corps;
(f) the National Service Scheme,
(g) University Extension Board,
(h) Students’ Cultural and Debating Societies;
(i) a Translation and Publication Bureau,
19
Kannur University Act I 996
(j) Co-operative societies and other similar institutions
(xvii)
for promoting the welfare of students and employees
of the University;
to co-operate with other Universities or any authorities
or associations in such manner and for such purposes as
the University may determine;
(xviii) to take and hold any property, movable or immovable,
(xix)
(XX)
(xxi)
(xxii)
which may become vested in it for the purpose of the
University by purchase, grant, testamentary disposition
or otherwise 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 corporate,
to direct, manage and control all immovable and movable
properties transferred to the University by the
Government:
to co-ordinate, supervise, regulate and control the
conduct of teaching and research work in the affiliated
colleges and the institutions recognized by the
University,
to define the powers and duties of the officers of the
University other than the Vice-Chancellor,
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 campuses, colleges,
institutes of research and other institutions of higher
studies,
20
Kannur University Act 1996
THE KANNUR UNIVERSITY ACT, 1996
CONTENTS
Preamble 9
Sections :
C HAPTER |
Preliminary
. Short title and commencement 11
2. — Definitions 11
Chapter ll
The University
3. The University 16
4, Territorial limits 16
5. Powers of the University 17
6. University open to all classes and creeds. 21
Chapter Il
The Chancellor, the Pro- Chancellor and Officers of the
University
The Chancellor 23
The Pro-Chancellor 25
. Officers of the University 25
10. The Vice-Chancellor 25
11. Powers and duties of the Vice - Chancellor 27
12. Vacancy in the office of Vice-Chancellor 30
13. The Pro-Vice-Chancellor 30
14. The Registrar 31
15. The Controller of Examinations 31
3
Kannur University Act 1996
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34,
35.
36.
Finance officer
Appointments to be notified
Chapter IV
Authorities of the University
Authorities of the University
Senate
Reconstitution of Senate
Powers and functions of Senate
Meetings of Senate
The Syndicate
Term of office of members of Syndicate
Powers of Syndicate
The Academic Council
Powers and duties of Academic Council
Faculties
Deans of faculties
Boards of Studies
Students’ Council
Powers and duties of Students’ council
Finance Committee
Planning Board
Other Authorities of University
Disqualifications for membership
33
33
38
40
40
A
43
4A
49
52
53
54
55
55
57
58
59
60
60
Kannur University Act 1996
Chapter V
Statutes, Ordinances, Regulations, Rules and Bye-Laws
37. The Statutes 62
38. Procedure for making Statutes 64
39. Ordinances 65
40. Procedure for making Ordinances 66
41. Regulations 66
42. Procedure for making Regulations 67
43. Rules, bye-laws and orders 67
44. Publication in the Gazette 68
Chapter VI
Election to the Senate, the Syndicate and other Bodies of the
University, filling up of vacancies and Resignation, Removal,
etc. of members of Authorities and Bodies
45. Election of members to the senate, the Syndicate
and other bodies of the University. 69
46. Filling up of vacancies 69
47. Resignation or removal of members of authority or body. 70
Chapter VIl
Finance
48. University Fund 72
49. Grants from Government 73
50. Corpus Fund 73
51. Annual estimates of income and expenditure 73
52. Restriction on diversion of funds 73
Kannur University Act 1996
53.
54.
99.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
Annual accounts
Annual reports
Audit of accounts of the University.
Chapter VIll
Private Colleges and Affiliation of Colleges
Definitions
Governing body for private college under
unitary management.
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 of private colleges
Probation
Conditions of services of teachers of private colleges
Disciplinary powers of educational agency over
teachers of private colleges.
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
74
74
75
6
73.
74.
79.
76.
17.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
89.
90.
within six months
Colleges not complying with provisions of this Act, etc.
Chapterlx
Miscellaneous
Code of conduct for teachers of affiliated colleges
Inspections
Appointment of commission to inquire into the
working of University
Power of Government to make rules
Transfer of service of certain employees from the
University of Calicut to the Kannur University.
Transfer of accumulation in provident fund and
other like funds
Conditions of service
Pensions, Insurance and Provident fund
Proceedings of the University and Bodies not to be
invalidated by vacancies.
Proceedings of the Senate, Syndicate and
Academic Council
Decisions of certain disputes by Chancellor
Report on affiliated colleges.
Protection of Acts and orders
Bar of Jurisdiction of Civil Court
Institutions affiliated to University.
Duty of teachers in connection with
University examinations
Kannur University Act 1996
Private colleges to comply with provisions of Chapter
Kannur University Act 1996
91.
92.
93.
94.
95.
96.
97.
98.
99.
100.
101.
102.
103.
Punishment for irregularities by teachers
at examinations
(*)
(*) Omitted by the University Laws (Amendment)
Act, 2005 (Act 2 of 2005)
Appointment of the first Vice-Chancellor
Appointment of Registrar, Controller of
Examinations and Finance Officer during initial
period of 2 year.
Nomination of first University Authorities
Colleges and other institutions within the jurisdiction
of the University.
Special provisions in respect of un-aided colleges.
Apportionment of funds and assets of the University
of Calicut.
Act 5 of 1975 not to apply.
First Statutes and first Ordinances.
Removal of difficulties.
Special provision regarding construction of
references to “Malabar University”, “Malabar University
Ordinance” and Malabar University fund.
Repeal and Saving.
Kannur University Act 1996
Chapter 1
PRELIMINARY
1. Short title and commencement — (1) This Act may be called
the Kannur University Act, 1996.
(2) It shall be deemed to have come into force on the 9" day of
November 1995.
2. Definitions - In this Act unless the context otherwise requires
(i)
(it)
(111)
(iv)
(v)
(vi)
(vii)
“Academic Council” Means the Academic Council of
the University.
“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 Statute, Ordinance
and Regulations:
“Annual Meeting” Means one of the ordinary meetings
of the Senate held every year under sub-section (1) of
section 22 and declared by the Statutes to be the annual
meeting of the Senate;
“Appellate Tribunal” Means the Appellate Tribunal
constituted under sub-section (1) of section 72;
“Board of Studies” means of a Board of Studies of the
University;
“Chancellor” means the Chancellor of the University;
“College” means an institution maintained by, or
affiliated to the University in which instruction is given
in accordance with the provisions of the Statutes,
Ordinances and Regulations;
11
Kannur University Act 1996
(viii)
(ix)
(x)
(xi)
(xii)
(xiii)
(xiv)
(xv)
(xvi)
(xvil)
(xviii)
“Department” means a department designated as such
by the Ordinances or Regulations with reference to a
subject or group of subjects;
“Educational Agency” means any person or body of
persons who or which establishes and maintains a private
college or more than one private college;
“Faculty” means a faculty of the University;
“Government College” means a college maintained by
the Government and affiliated to the University;
“Hostel” means a unit of residence for the students of
the University or the colleges;
“Non-teaching staff’ of the University or a College
means the employees of the University or that college,
as the case may be other than teachers;
“Prescribed” means prescribed by the Statutes,
Ordinances, Regulations, rules or bye-laws made under
this Act;
“Principal” means the head of a college;
“Private college” means college maintained by an
educational agency other than the Government or the
University and affiliated to the University;
“Pro-Chancellor” means the Pro-Chancellor of the
University;
“Professional College” means a college in which
instruction is given only in any one or more of the
following subjects, namely;-
(a) engineering and technology;
12
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(1)
(m)
(0)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
Kannur University Act 1996
public administration;
allopathic medicine and paramedical subjects;
dental medicine;
ayurvedic medicine;
homoeopathic medicine;
law;
educational studies;
imaging technology;
fashion technology and beauty culture;
biotechnology;
hotel management;
management studies;
forest and wood technology;
opto electronics;
industrial fisheries;
textile technology;
visual arts;
music;
pharmacological studies;
ceramic technology;
environment studies;
computer science;
marine technology; and
13
Kannur University Act 1996
(y) any other subject to promote advanced knowledge in
modern science and Technology which the University
may deem fit to include in its educational programme.
(xix) “Pro-Vice-Chancellor” means the Pro- Vice-Chancellor
of the University.
(xx) “recognized institution” means an institution for
research or special studies, other than an affiliated
college, recognized as such by the University;
(xxi (*)
(*)Omitted by The University Laws (Amendment)
Act,2005 (Act 2 of 2005)- Deemed to have come into
force on 06/01/2005.
(xxii) “Senate” means the Senate of the University;
(xxil) “State” means the State of Kerala;
(xxiv) “Statutes, Ordinance, Regulations, by Laws and Rules”
means respectively, the Statutes, Ordinance, Regulations
by Laws and Rules of the University.
(xxv) “Student” means a part time or full time student
receiving instruction or carrying on research in any of
the University departments, colleges or recognized
institutions;
(xxvi) “Students Council” means the students council of the
University;
(xxvii) “Syndicate” means the syndicate of the University;
(xxvili)“Teacher” means a principal, professor, associate
professor, assistant professor, reader, lecturer, instructor
or such other person imparting instruction or supervising
research in any of the colleges or recognized institutions
14
Kannur University Act 1996
and whose appointment has been approved by the
University;
(xxix) “Teacher of the University” means a person employed
as teacher in any institution maintained by the
University;
(xxix A) *“Un-aided college” means a private college which is
not entitled to any financial assistance from the
Government or the University.
*Inserted by The Kannur University (Amendment) ACT
2001(Act 14 of 2001)
Deemed to have come into force on 28/08/2001.
(xxx) “University” means the Kannur University Constituted
under this Act;
(xxxi) “University area” means the area to which the
jurisdiction of the University extends under sub -section
(1) of section 4;
(xxxii) “University Fund” means the Kannur University Fund
established under sub-section (1) of section 48;
(xxxiii)“Vice- Chancellor” means the Vice- Chancellor of the
University.
15
Kannur University Act 1996
Chapter II
THE UNIVERSITY
3. The University :-
(1) The Chancellor, the Pro-Chancellor, the Vice Chancellor,
the Pro-Vice-Chancellor and the members of the Senate,
the Syndicate and the Academic Council, for the time being,
shall constitute a body corporate by the name the “Kannur
University”.
(2) The headquarters of the University shall be at Kannur.
(3) The University shall have perpetual succession and a
common seal, with power to acquire, hold and dispose of
property, both movable and immovable, and to enter into
contracts and shall sue and be sued by the said name.
(4) The University shall establish, maintain, manage and
develop campuses at Kannur, Kasaragod, Mananthavady,
Payyannur, Thalassery, Kanhangad and such other places
as are necessary for providing study and research facilities
to promote advanced knowledge in Science and Technology
and other relevant disciplines and the campus in the
University headquarters at Kannur shall be the main
campus.
4. Territorial limits:-
(1) The jurisdiction of the University shall extend to the
Kasaragode and Kannur revenue districts and the existing
Mananthavady taluk of the Wayanad district of the State.
(2) No educational institution situated beyond the territorial
limits of the University shall, save with the sanction of the
Chancellor and the Government, be affiliated to the
16
Kannur University Act 1996
University, and no educational institution within the
territorial limits of the University shall, save with the
sanction of the Chancellor and the Government, seek or
continue affiliation to any other University established by
law.
5. Powers of the University:- Subject to the provisions of this
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
provision for research and for the advancement and
dissemination of knowledge;
*(1.a) to confer academic autonomy to an affiliated college,
department of an affiliated college or University
department;
* Inserted by the University Laws (Amendment) Act, 2005
(Act 2 of 2005)-
Deemed to have come into force on 06/01/2005
(11) to introduce semester and credit system of courses of study
and examinations;
(iii) to institute degrees, titles, diplomas and other academic
distinctions
(iv) 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 there
from in the manner prescribed, and shall have passed
the prescribed examination; or
17
Kannur University Act 1996
(v)
(vi)
(vii)
(b) shall have carried on research under prescribed
conditions and which has been duly evaluated;
to confer honorary degrees or other distinctions on
distinguished persons in accordance with the conditions
to be prescribed in the Statutes;
to grant diplomas, certificates or other distinctions to
persons who shall have pursued a prescribed course of
study under prescribed conditions;
to withdraw or cancel degrees, titles, diplomas, certificates
or other distinctions under conditions that may be
prescribed by the Statutes, after giving the person affected
a reasonable opportunity to present his case;
(viii) to maintain, supervise and control the residence and
(ix)
(x)
(xi)
discipline of students of the University, campuses, colleges
and recognized institutions and to make arrangements for
promoting their health and general welfare;
to recognize hostels which are maintained by bodies other
than the University and to withdraw such recognition;
to exercise such control over the students as will ensure
their physical and moral well-being;
to constitute a Board to entertain, to adjudicate upon and
to redress any grievances of the students of colleges, who
may, for any reason be aggrieved, otherwise than by an
act of any court;
*(x1 a) to fix the minimum infrastructural facilities that shall be
provided in an un-aided college;
*(x1 b) to fix the qualification of teachers and non-teaching staff
of an un-aided college;
18
(xii)
Kannur University Act 1996
* Inserted by the University Laws (Amendment) Act, 2005
(Act 2 of 2005)
Deemed to have come into force on 06/01/2005
to fix the fees payable to the University and to demand
and receive such fees;
(xiii) to fix and regulate, with the previous sanction of the
(xiv)
(xv)
(xvi)
Government, the fees payable in colleges and recognized
institutions affiliated to the University;
with the previous sanction of the Government, to regulate
the emoluments and to prescribe the duties and conditions
of service of teachers and non-teaching staff in private
colleges;
to hold and manage endowments and bursaries and to
institute and award fellowships, scholarships,
studentships, medals and prizes and to organize
exhibitions;
to institute and provide funds wherever necessary for the
maintenance of-
(a) a Students’ Advisory Bureau;
(b) an Employment Bureau;
(c) a University Union for students;
(d) University Athletic Clubs;
(e) the National Cadet Corps;
(f) the National Service Scheme;
(g) University Extension Board;
(h) Students’ Cultural and Debating Societies;
(i) a Translation and Publication Bureau;
19
Kannur University Act 1996
(j) Co-operative societies and other similar institutions
(xvil)
for promoting the welfare of students and employees
of the University;
to co-operate with other Universities or any authorities
or associations in such manner and for such purposes as
the University may determine;
(xviii) to take and hold any property, movable or immovable,
(xix)
(xx)
(xxi)
(xxil)
which may become vested in it for the purpose of the
University by purchase, grant, testamentary disposition
or otherwise 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 corporate;
to direct, manage and control all immovable and movable
properties transferred to the University by the
Government:
to co-ordinate, supervise, regulate and control the
conduct of teaching and research work in the affiliated
colleges and the institutions recognized by the
University;
to define the powers and duties of the officers of the
University other than the Vice-Chancellor;
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 campuses, colleges,
institutes of research and other institutions of higher
studies;
20
Kannur University Act 1996
(xxiv) to affiliate to itself colleges in accordance with the
provisions of this Act and the Statutes, Ordinances and
Regulations and to suspend or withdraw affiliation of
colleges;
(xxv) to institute professorships, readerships, lectureships and
any other teaching and research posts required by the
University and to appoint persons to such professorships,
readerships, lectureships 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
conditions as may be specified by the Government as to
security and rate of interest, to borrow any sum of money
from the Central Government or any State Government
or any incorporated body;
(xxvili) to provide instruction through correspondence courses
and distance education programmes;
(xxix) to declare a campus, college or department as an
autonomous campus, college or department, respectively;
and
(xxx) 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 teaching
and examining body and to cultivate and promote arts,
science and other branches of learning.
6. University open to all classes and creeds-
(1) No person shall, on grounds only of religion, race, caste,
sex, descent, place of birth, residence, language, political
Kannur UniversityAct I996
(XXiv) to affiliate to itself colleges in accordance with the
provisions of this Act and the Statutes, Ordinances and
Regulations and to suspend or Withdraw affiliation of
colleges;
(XXV) to institute professorships; readerships; lectureships and
any other teaching and research posts required by the
University and to appoint persons to such professorships;
readerships; lectureships 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
conditions as may be specified by the Government as to
security and rate of interest; to borrow any sum of money
from the Central Government or any State Government
or any incorporated body;
(xxviii) to provide instruction through correspondence courses
and distance education programmes;
(XXiX) to declare a campus; college or department as an
autonomous campus; college or department; respectively;
and
(XXX) 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 teaching
and examining body and to cultivate and promote arts;
science and other branches of learning.
6. University open to all classes and creeds-
(1) No person shall; on grounds only of religion; race; caste;
sex; descent; place of birth; residence; language; political
21
Kannur University Act I 996
(2)
opinion or any of them, be ineligible for, or discriminated
against, in respect of any employment or office under the
University or membership of any of the authorities or bodies
of the University or admission to any degree or course of
study in the University:
Provided that the University may, in consultation with the
Government affiliate any college or recognize any
institution, exclusively for women either for education,
instruction or residence, or reserve for women or members
of socially and educationally backward classes or of the
Scheduled Castes or the Scheduled Tribes, places, for the
purpose of admission as students in any college or
institution maintained or controlled by the University and
for employment in the teaching and non-teaching posts in
the University.
In making appointments to the teaching and non-teaching
posts, the University shall, mutatis-mutandis, observe the
provisions of clauses of (a), (b) and (c) of rule 14 and the
provisions of rules 15, l6, l7 and 17A of the Kerala State
and Subordinate Services Rules, 1958, as amended from
time to time, and communal rotation shall be followed
category-wise treating all the departments as one unit.
22
Kannur UniversityAct 1996
Chapter | | |
THE CHANCELLOR, THE PRO-CHANCELLOR AND
OFFICERS OF THE UNIVERSITY
7. The chancellor :-
(1)
(2)
(3)
(4)
(5)
The Governor of Kerala shall, by virtue of his office, be
the chancellor of the University.
The Chancellor shall be the head of the University and
shall when present, preside at any convocation of the
University.
The Chancellor may, by order in writing, annul any
proceeding of any of the authorities of the University
which is not in conformity with this Act and 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 authority to show cause
why such an order should not be made and consider the
cause, if any, shown by such authority within a reasonable
time.
The Chancellor shall, when an emergency arises, have
the right to suspend or dismiss any of the authorities of
the University and to take measures for the exercise of
the powers and the performance of the functions of such
authority till the suspension is revoked, or, as the case
may be, a new authority is constituted:
Provided that an order suspending or dismissing any
authority shall specify the reasons for taking such action.
Every proposal for the conferment of an honorary degree
shall be subject to confirmation by the Chancellor.
23
Kannur University Act I 996
(6)
(7)
(8)
(9)
(10)
An appeal shall lie to the Chancellor against any order of
dismissal passed by the Syndicate or the Vlce-Chancellor.
An appeal under sub-section (6) shall be filed within sixty
days from the date of service of the order of dismissal on
the person concerned.
The Chancellor may, before passing any order on an appeal
under sub-section (6), refer the matter for advice to a
Tribunal appointed by him for the purpose.
The Chancellor shall have power to remove the Vice-
Chancellor or the Pro-Vlce-Chancellor from office by an
order in writing on charges of misappropriation or
mismanagement of funds or misbehavior:
Provided that an order of removal under this sub-section
shall not be passed unless the charges are proved by an
enquiry conducted by a person who is or has been a Judge
of the High Court or the Supreme Court appointed by the
Chancellor for the purpose:
Provided further that the Vice-Chancellor or the Pro-Vlce-
Chancellor shall not be removed under this sub-section
unless he has been given a reasonable opportunity of
showing cause and of being heard against the action
proposed to be taken against him.
The Chancellor shall have power to appoint such officers
and employees of the University as may be necessary for
ensuring the initial functioning of the University:
Provided that the power under this sub-section shall not
be exercised by the Chancellor after nomination of the
Syndicate under section 95.
24
K annur University Act I 996
(11) The Chancellor shall have such other powers as may be
conferred on him by this Act or the Statutes.
8. The Pro-Chancellor-
(l) The Minister for the time being administering the subject
of higher education in the State shall be the Pro-Chancellor
of the University.
(2) In the absence of the Chancellor or during his inability to
act, the Pro-Chancellor shall exercise all the powers and
perform all the functions of the Chancellor.
9. Officers of the University-
The following shall be the officers of the University, namely:-
(i) the Vice-Chancellor,
(ii) the Pro-Vice-Chancellor,
(iii) the Registrar;
(iv) the Controller of Examinations;
(v) the Finance Officer; and
(vi) such other officers in the service of the University as may
be declared by the Statutes to be officers of the University.
10. The Vice-Chancellor
(l) The Vice-Chancellor shall be appointed by the Chancellor
on the recommendation of a committee appointed by him
for the purpose (hereinafter referred to as the committee).
(2) The committee shall consist of three members, one elected
by the Senate, one nominated by the Chairman of the
University Grants Commission and the third nominated
by the Chancellor.
25
Kannur University Act I 996
(3)
(4)
(5)
(6)
(7)
(8)
(9)
The Chancellor shall appoint one of the members of the
committee to be its convenor.
The committee shall make its recommendation within a
period of three months of its appointment or within such
further period, not exceeding one month, as the Chancellor
may specify in this behalf.
In case the committee unanimously recommends the name
of only one person, the Chancellor shall, appoint that
person to be the V1ce-Chancellor.
In case the committee is unable to recommend a name
unanimously, it may submit a panel of three names to the
Chancellor within the period specified in or under sub-
section (4) and the Chancellor shall appoint one of the
persons in the panel to be the V1ce-Chancellor.
In case the committee fails to make a unanimous
recommendation as provided in sub-section (5) or to
submit a panel as provided in sub-section (6), each member
of the committee may submit a panel of three names to
the Chancellor and the V1ce-chancellor shall be appointed
from among the persons mentioned in the panels.
Non-submission of a panel under sub-section (7) by any
member of the committee shall not invalidate the appointed
as Vice-Chancellor.
No Person who is more than sixty years of age shall be
appointed as Vice-Chancellor
(10) The vice-Chancellor shall, hold office for a term of four
years from the date on which he enters upon his office and
shall be eligible for re-appointment:
26
(11)
(12)
(13)
(14)
K annur University Act I 996
Provided that a person shall not be appointed as Vice-
Chancellor for more than two terms.
The remuneration payable to, and the other conditions of
service of, the Vlce-Chancellor shall be such as may be
determined by the Chancellor in accordance with the
guidelines issued by the University Grants Commission
in this regard, from time to time.
The Vice-Chancellor shall be the principal academic and
executive officer of the University.
The Vice-Chancellor shall be the Chairman of the Senate,
the Syndicate, the Academic Council and the Finance
Committee and shall be entitled to be present at and to
address any meeting of any authority of the University,
but shall not be entitled to vote thereat unless he is a
member of the authority concerned.
In the event of equality of votes at any meeting of the
Senate, the Syndicate or the Academic Council or of any
other authority, at which the Vice-Chancellor is the
Chairman, he shall have and exercise a casting vote.
11. Powers and duties of the Vice-Chancellor:-
(1)
If at any time, except when the Syndicate or the Academic
Council is in session, the Vlce-Chancellor is satisfied that
emergency has arisen requiring him to take immediate
action involving the exercise of any power vested in the
Syndicate or the Academic Council by or under this Act,
the Vlce-Chancellor may take such action as he deems fit
and shall, at the next session of the Syndicate or the
Academic Council, as the case may be, report the action
27
Kannur University Act I 996
(2)
(3)
(4)
(5)
taken by him to that authority for such action as it may
consider necessary.
The Vice-Chancellor shall exercise the powers and
perform the duties and fiinctions of all the authorities of
the University also until they are nominated or duly
constituted as the case may be.
Subject to the provisions of the Statutes and the
Ordinances the Vice-Chancellor shall have power to
appoint, suspend, dismiss or otherwise punish any
employee of the University below the rank of Deputy
Registrar:
Provided that the Vlce-Chancellor may delegate any of
his powers under this sub-section to the Pro-Vice-
Chancellor or the Registrar.
Notwithstanding anything contained in sub-section (3),
the Vice-Chancellor shall have power to appoint such
officers and employees of the University on a casual basis
for a maximum period of 179 days, for ensuring the initial
functioning of the University:
Provided that a person appointed under this sub-section
shall not have any claim for appointment on a regular
basis:
Provided further that the power under this sub-section
shall not be exercised by the Vice-Chancellor after
nomination of the Syndicate under section 95,
The Vice-Chancellor shall have the power to convene
meetings of the Senate, the Syndicate, the Academic
Council and any other authorities of the University.
28
(6)
(7)
(8)
(9)
(10)
(11)
Kannur UniversityAct I996
Notwithstanding anything contained in this Act or in the
Statutes or Ordinances made or deemed to have been made
thereunder, the Vice-Chancellor may, if he is satisfied that
the number of examiners in the panel of examiners
approved by the Syndicate for the conduct of an
examination is not sufficient for the conduct of that
examination and that approval of another panel of
examiners by the Syndicate will entail delay in the conduct
of such examination, nominate such additional number
of examiners as may be necessary for the conduct of such
examination.
Any person nominated by the Vlce-Chancellor under sub-
section (6) shall be deemed to be an examiner included in
the panel approved by the Syndicate.
the Vlce-Chancellor shall have the right of visiting and
inspecting colleges and other institutions maintained by,
or affiliated to, the University.
It shall be the duty of the Vlce-Chancellor to ensure that
the provisions of this Act and the Statutes, the Ordinances,
the Regulations, the rules and the bye-laws are faithfully
observed and carried out, and be shall have all powers
necessary for this purpose.
It shall be the duty of the Vice-Chancellor to carry on the
administration of the University in an efficient manner,
by adopting modern techniques of management and by
using computers and other sophisticated equipment.
It shall be the duty of the Vlce-chancellor to see that the
proceedings of the University are carried on in accordance
with the provisions of this Act and the Statutes, the
29
Kannur University Act I 996
Ordinances, the Regulations, the rules and the bye-laws
and to report to the Chancellor every proceedings which
is not in conformity with such provisions.
(12) The Vice-Chancellor shall exercise such other powers and
perform such other functions as may be prescribed by the
Statutes.
12. Vacancy in the office of Vice-Chancellor-
(1) In the event of a temporary vacancy occurring in the office
of the Vlce-Chancellor. or where the Vice-Chancellor is
absent, the Pro-Vlce-Chancellor shall exercise the powers
and perform the duties of the Vlce-Chancellor.
(2) In the event of a permanent vacancy occurring in the office
of the Vice-Chancellor, the Chancellor shall initiate action
for the appointment of the Vlce-Chancellor, within one
month of the occurrence of the vacancy and, pending such
appointment, may make necessary arrangements for
exercising the powers and performing the duties of the Vlce-
Chancellor.
13. The Pro-Vice-Chancellor—
(l) The Pro-Vice-Chancellor shall be appointed by the
Chancellor in consultation with the Vlce-Chancellor.
(2) No person who is more than* sixty years of age shall be
appointed as Pro- Vlce-Chancellor.
* Substituted by The University Laws (Amendment)
Act, 2012(Act 12 0f2012)
Deemed to have come into force on 08/12/2009.
(3) The Pro-Vlce-Chancellor shall be a whole-time salaried
officer of the University.
30
(4)
(5)
(6)
14.
(1)
(2)
(3)
Kannur UniversityAct I996
The Pro-Vlce-Chancellor shall hold office for a term of
four years from the date on which he enters upon his office
and shall be eligible for reappointment.
The salary and other condition of service of the Pro-Vlce-
Chancellor shall be such as may be determined by the
Chancellor.
Subject to the provisions of this Act and the Statutes,
Ordinances and Regulations, the powers and functions of
the Pro-Vice-Chancellor shall be determined by the
Chancellor in consultation with the Vlce-Chancellor.
The Registrar-
The Registrar shall be a whole time salaried officer of the
University and shall be appointed by the Syndicate for such
period and on such terms and conditions as may be
prescribed by the Statutes.
The Registrar shall exercise such powers and perform such
duties as may be prescribed by the Statutes.
Suits by or against the University shall be instituted by or
against the Registrar.
15. The Controller 0fExaminati0ns—
(1)
(2)
The Controller of Examinations shall be a whole time
salaried officer of the University and shall be appointed by
the Syndicate for such period and on such terms and
conditions as may be prescribed by the Statutes.
The Controller of Examinations shall exercise such powers
and perform such duties as may be prescribed by the
Statutes.
31
Kannur UniversityAct I996
16. Finance Officer-
(1) The Finance Officer shall be a whole time salaried officer
of the University and shall be appointed by the Syndicate
for such period and on such terms and conditions as may
be prescribed by the Statutes.
(2) The Finance Officer shall exercise such powers and perform
such duties as prescribed by the Statutes.
17. Appointments to be notified-
The appointments of the Vice-Chancellor, the Pro-Vice-
Chancellor, the Registrar, the Controller of Examinations and
the Finance Officer shall be notified by the University in the
Gazette.
32
K annur University Act I 996
C hapter IV
AUTHORITIES OF THE UNIVERSITY
18. Authorities of the University— The following shall be the
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 board or other bodies of the University as
may be declared by the Statutes to be authorities of the
University.
19. Senate- The Senate shall consist of the following members;
namely:-
Ex-officio members
(i) the Chancellor;
(ii) (*)
( *) Omitted by the Kannur University (Amendment)
Act 2001 (Act 14 of 2001)
Come into force on 12/12/2001
(iii) the Vice-Chancellor;
(iv) the Pro-Vice-Chancellor;
33
Kannur University Act I 996
(V) the Finance Secretary to Government, or an Officer of
the Finance Department, not below the rank of Joint
Secretary to Government, nominated by the Government:
(vi) the Director of Public Instruction,
(vii) the Director of Collegiate Education,
(viii) the Secretary to Government, General Education
Department, or an officer of the General Education
Department, not below the rank of Joint Secretary to
Government, nominated by the Government,
(ix) the Secretary to Government, Higher Education
Department, or an officer of the Higher Education
Department, not below the rank of Joint Secretary to
Government, nominated by the Government:
(ix a)* The Secretary to Government, Information Technology
Department or an officer of the Information Technology
Department not below the rank of a Joint Secretary,
nominated by him.
* Inserted by the Kannur University (Amendment) Act 2001
.(Act 14 0f2001)
Come into force on 12/12/2001.
(X) the Director of Technical Education, Government of
Kerala,
(xi) the Director of Medical Education, Government of Kerala,
(Xii) two heads of University departments who are not
otherwise members of the Senate, nominated by the
Chancellor, by rotation,
34
Kannur University Act I 996
(xiii) two Deans of the faculties of the University who are not
otherwise members of the Senate, nominated by the
Chancellor, by rotation;
(xiv) the Chairman of the University Union.
(xv)* The Chairman, State Advisory Board of Education.
*Inserted by The Kannur University (Amendment)
Act 2001(Act 14 of 2001)
Come into force on 12/12/2001.
(xvi) *members of the Syndicate who are not members of the
Senate,
( >“Inserted by The University Laws(Amendment) Act
2012(Act 12 0f2012)
Deemed to have come into force on 01/12/2011
Elected members
(i) four members elected from among Principals, of whom,
one shall be a principal of a Government college for Arts
and Science, one shall be a principal of a private College
for Arts and Science and one shall be a Principal of a
Professional college,
(it) (*)
( >“)Omittea’ by the University Laws (Amendment)
Act 2005 (Ath of 2005).
(iii) four members elected by the members of the Legislative
Assembly of Kerala from among themselves, of whom
one shall be a member of a Scheduled Caste or a Scheduled
Tribe and one shall be a woman:
35
Kannur University Act I 996
(W)
(V)
(vi)
(vii)
(X)
(xi)
two members elected by the teachers of the University
from among themselves;
three members elected by the teachers of Government
colleges from among themselves;
ten members elected by the teachers of private colleges
from among themselves of whom three shall be women;
president of a District Panchayat elected by the members
of the District Panchayats; President of a Block Panchayat;
elected by the Presidents of the Block Panchayats; three
Presidents of Grama Panchayats elected by the Presidents
of the Grama Panchayats and Chairman of a Muncipality
elected by the Chairmen of the Muncipalities; within the
University area;
' one member elected by the members of the non-teaching
staff of the University; from among themselves;
two members elected by 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 and the other shall be a member of
the non-teaching staff of a private college;
one member elected by the managers of the private
colleges in the University area from among themselves:
ten members elected by the members of the General
Council of the University Union from among full-time
students; of whom one shall be a post-graduate student;
one shall be a research scholar; one shall be a student of a
professional college; two shall be lady students; and one
shall be a member of a Scheduled Caste or a Scheduled
Tribe;
36
K annur University Act I 996
(Xii) Two members elected by the registered trade unions within
the jurisdiction of the University;
(xiii) One member elected by the members of the State Library
Council from among themselves.
Other members
(i) one member from among the headmasters of High Schools
and one member from among the teachers of schools,
situated Within the University area; nominated by the
Chancellor;
(ii) not more than ten members nominated by the Chancellor
representing (a) recognized research institutions; (b)
Chambers of commerce and industries: (c) authors; (d)
journalists; (e) lawyers; (f) sports and games; (g) linguistic
minorities; (h) medical profession; (i) engineering and
technology;
(iii) four members from among students nominated by the
Chancellor; one having outstanding academic ability in
humanities; one having outstanding academic ability in
Science; one having outstanding ability in Sports; and one
having outstanding ability in fine arts of whom; one shall
be a student of a campus or a University department and
another shall be a student of an affiliated college.
(iV) (*) ,( **)
( *)1nserted byT he Kannur University (Amendment)
Act,2001(Act 14 0f2001)
Come into force on 12/12/2001.
(** ) Omitted by The University Laws (Amendment) Act,
2012 (Act 12 0f2012)
Deemed to have come into force on 01/12/2011..
37
Kannur University Act I 996
20. Reconstitution of Senate -
(1)
(2)
(3)
The Senate shall be reconstituted every four years.
The term of office of a member referred to in items (xii)
and (xiii) under the heading “ex-officio members” in section
19 shall be two years from the date of his nomination.
Every member of the Senate, other than ex-off1ci0
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 0r elected in his
capacity as a member of a particular body or as the holder
of a particular office shall hold office 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 again
becomes a member of that body or the holder of that office:
Provided fiirther that where any member, other than an ex-
officio member 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 V1ce-Chancellor within
seven days from the date of his taking charge of his
appointment, chose whether he will continue to be a
member of the Senate otherwise than as an ex-officio
member or whether he will vacate office as such member
and become a member ex-officio by virtue of his
appointment, and such choice shall be final:
Provided also that the term of office of a member referred
to in item (xi) under the heading “ Elected members” in
section 19 and of a member referred to in item (iii) under
38
(4)
(5)
Kannur UniversityAct 1996
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 he has ceased to be a student within the period of one
year specified in that proviso.
Notwithstanding anything contained in the first proviso to
sub section (3), a principal elected under item (i), or a teacher
of a Government college elected under item (v), or a teacher
of a private college elected under item (vi), or a member of
the non-teaching staff of an affiliated college elected under
item (ix), under the heading “Elected members” in section
19, shall not cease to be a member of the Senate merely on
the ground -
(a) that he has been transferred to an educational
institution within the State, situated beyond the
territorial limits of the University, or
(b) that the college of which he is the principal or in which
he is a teacher or a member of the non-teaching staff
has been transferred to another University, or
(c) in the case of a teacher, that he has been promoted as
a principal
Notwithstanding anything contained in this Act, or in this
Attitudes, no person elected under item (i) under the
heading “Elected members” in section 19, shall cease to
be a member of the Senate merely on the ground that he
39
Kannur University Act I 996
has ceased to be employed or normally resident within the
territorial limits of the University.
(6) On failure of a member to make the choice under the second
proviso to sub-section (3), he shall be deemed to have
chosen to become a member, eX-offlcio.
(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 the
University of which he may be a member by virtue of this
membership in the Senate.
*21. Powers and functions of the Senate - Save as otherwise
expressly provided in this Act, the Senate shall have the
following powers, namely:-
*(a) to review, from time to time, the broad policies and
programmes of the University,
>“(b) to suggest measures for the improvement and development
of the University,
*(c) to consider and pass resolution on the annual report and
the annual accounts of the University and the audit report
on such accounts, and
>“(01) to advise the Chancellor in respect of any matter which
may be referred to it for advice.
* Substituted by The Kannur University( Amendment) Act
2001(Act 14 0f2001).
Come into force on 12/12/2001
22. Meetings of Senate -
(l) The Senate shall meet at least once in four months on dates
to be fixed by the Vice-Chancellor and one of such meeting
shall be called the annual meeting.
40
Kannur University Act 1996
(2)
opinion or any of them, be ineligible for, or discriminated
against, in respect of any employment or office under the
University or membership of any of the authorities or bodies
of the University or admission to any degree or course of
study in the University:
Provided that the University may, in consultation with the
Government affiliate any college or recognize any
institution, exclusively for women either for education,
instruction or residence, or reserve for women or members
of socially and educationally backward classes or of the
Scheduled Castes or the Scheduled Tribes, places, for the
purpose of admission as students in any college or
institution maintained or controlled by the University and
for employment in the teaching and non-teaching posts in
the University.
In making appointments to the teaching and non-teaching
posts, the University shall, mutatis-mutandis, observe the
provisions of clauses of (a), (b) and (c) of rule 14 and the
provisions of rules 15, 16, 17 and 17A of the Kerala State
and Subordinate Services Rules, 1958, as amended from
time to time, and communal rotation shall be followed
category-wise treating all the departments as one unit.
22
Kannur University Act 1996
Chapter III
THE CHANCELLOR, THE PRO-CHANCELLOR AND
OFFICERS OF THE UNIVERSITY
7. The chancellor :-
(1)
(2)
(3)
(4)
(5)
The Governor of Kerala shall, by virtue of his office, be
the chancellor of the University.
The Chancellor shall be the head of the University and
shall when present, preside at any convocation of the
University.
The Chancellor may, by order in writing, annul any
proceeding of any of the authorities of the University
which is not in conformity with this Act and 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 authority to show cause
why such an order should not be made and consider the
cause, if any, shown by such authority within a reasonable
time.
The Chancellor shall, when an emergency arises, have
the right to suspend or dismiss any of the authorities of
the University and to take measures for the exercise of
the powers and the performance of the functions of such
authority till the suspension is revoked, or, as the case
may be, a new authority is constituted:
Provided that an order suspending or dismissing any
authority shall specify the reasons for taking such action.
Every proposal for the conferment of an honorary degree
shall be subject to confirmation by the Chancellor.
23
Kannur University Act 1996
(6)
(7)
(8)
(9)
(10)
An appeal shall lie to the Chancellor against any order of
dismissal passed by the Syndicate or the Vice-Chancellor.
An appeal under sub-section (6) shall be filed within sixty
days from the date of service of the order of dismissal on
the person concerned.
The Chancellor may, before passing any order on an appeal
under sub-section (6), refer the matter for advice to a
Tribunal appointed by him for the purpose.
The Chancellor shall have power to remove the Vice-
Chancellor or the Pro-Vice-Chancellor from office by an
order in writing on charges of misappropriation or
mismanagement of funds or misbehavior:
Provided that an order of removal under this sub-section
shall not be passed unless the charges are proved by an
enquiry conducted by a person who is or has been a Judge
of the High Court or the Supreme Court appointed by the
Chancellor for the purpose:
Provided further that the Vice-Chancellor or the Pro-Vice-
Chancellor shall not be removed under this sub-section
unless he has been given a reasonable opportunity of
showing cause and of being heard against the action
proposed to be taken against him.
The Chancellor shall have power to appoint such officers
and employees of the University as may be necessary for
ensuring the initial functioning of the University:
Provided that the power under this sub-section shall not
be exercised by the Chancellor after nomination of the
Syndicate under section 95.
24
Kannur University Act 1996
(11) The Chancellor shall have such other powers as may be
conferred on him by this Act or the Statutes.
8. The Pro-Chancellor-
(1) The Minister for the time being administering the subject
of higher education in the State shall be the Pro-Chancellor
of the University.
(2) Inthe absence of the Chancellor or during his inability to
act, the Pro-Chancellor shall exercise all the powers and
perform all the functions of the Chancellor.
9. Officers of the University-
The following shall be the officers of the University, namely:-
(i) the Vice-Chancellor;
(ii) the Pro-Vice-Chancellor;
(ii) the Registrar;
(iv) the Controller of Examinations;
(v) the Finance Officer; and
(vi) such other officers in the service of the University as may
be declared by the Statutes to be officers of the University.
10. The Vice-Chancellor
(1) The Vice-Chancellor shall be appointed by the Chancellor
on the recommendation of a committee appointed by him
for the purpose (hereinafter referred to as the committee).
(2) The committee shall consist of three members, one elected
by the Senate, one nominated by the Chairman of the
University Grants Commission and the third nominated
by the Chancellor.
25
Kannur University Act 1996
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
The Chancellor shall appoint one of the members of the
committee to be its convenor.
The committee shall make its recommendation within a
period of three months of its appointment or within such
further period, not exceeding one month, as the Chancellor
may specify in this behalf.
In case the committee unanimously recommends the name
of only one person, the Chancellor shall; appoint that
person to be the Vice-Chancellor.
In case the committee is unable to recommend a name
unanimously, it may submit a panel of three names to the
Chancellor within the period specified in or under sub-
section (4) and the Chancellor shall appoint one of the
persons in the panel to be the Vice-Chancellor.
In case the committee fails to make a unanimous
recommendation as provided in sub-section (5) or to
submit a panel as provided in sub-section (6), each member
of the committee may submit a panel of three names to
the Chancellor and the Vice-chancellor shall be appointed
from among the persons mentioned in the panels.
Non-submission of a panel under sub-section (7) by any
member of the committee shall not invalidate the appointed
as Vice-Chancellor.
No Person who is more than sixty years of age shall be
appointed as Vice-Chancellor
The vice-Chancellor shall, hold office for a term of four
years from the date on which he enters upon his office and
shall be eligible for re-appointment:
26
(11)
(12)
(13)
(14)
Kannur University Act 1996
Provided that a person shall not be appointed as Vice-
Chancellor for more than two terms.
The remuneration payable to, and the other conditions of
service of, the Vice-Chancellor shall be such as may be
determined by the Chancellor in accordance with the
guidelines issued by the University Grants Commission
in this regard, from time to time.
The Vice-Chancellor shall be the principal academic and
executive officer of the University.
The Vice-Chancellor shall be the Chairman of the Senate,
the Syndicate, the Academic Council and the Finance
Committee and shall be entitled to be present at and to
address any meeting of any authority of the University,
but shall not be entitled to vote thereat unless he is a
member of the authority concerned.
In the event of equality of votes at any meeting of the
Senate, the Syndicate or the Academic Council or of any
other authority, at which the Vice-Chancellor is the
Chairman, he shall have and exercise a casting vote.
11. Powers and duties of the Vice-Chancellor:-
(1) If at any time, except when the Syndicate or the Academic
Council is in session, the Vice-Chancellor is satisfied that
emergency has arisen requiring him to take immediate
action involving the exercise of any power vested in the
Syndicate or the Academic Council by or under this Act,
the Vice-Chancellor may take such action as he deems fit
and shall, at the next session of the Syndicate or the
Academic Council, as the case may be, report the action
27
Kannur University Act 1996
(2)
(3)
(4)
(5)
taken by him to that authority for such action as it may
consider necessary.
The Vice-Chancellor shall exercise the powers and
perform the duties and functions of all the authorities of
the University also until they are nominated or duly
constituted as the case may be.
Subject to the provisions of the Statutes and the
Ordinances the Vice-Chancellor shall have power to
appoint, suspend, dismiss or otherwise punish any
employee of the University below the rank of Deputy
Registrar:
Provided that the Vice-Chancellor may delegate any of
his powers under this sub-section to the Pro-Vice-
Chancellor or the Registrar.
Notwithstanding anything contained in sub-section (3),
the Vice-Chancellor shall have power to appoint such
officers and employees of the University on a casual basis
for a maximum period of 179 days, for ensuring the initial
functioning of the University:
Provided that a person appointed under this sub-section
shall not have any claim for appointment on a regular
basis:
Provided further that the power under this sub-section
shall not be exercised by the Vice-Chancellor after
nomination of the Syndicate under section 95,
The Vice-Chancellor shall have the power to convene
meetings of the Senate, the Syndicate, the Academic
Council and any other authorities of the University.
28
(6)
(7)
(8)
(9)
(10)
(11)
Kannur University Act 1996
Notwithstanding anything contained in this Act or in the
Statutes or Ordinances made or deemed to have been made
thereunder, the Vice-Chancellor may, if he is satisfied that
the number of examiners in the panel of examiners
approved by the Syndicate for the conduct of an
examination is not sufficient for the conduct of that
examination and that approval of another panel of
examiners by the Syndicate will entail delay in the conduct
of such examination, nominate such additional number
of examiners as may be necessary for the conduct of such
examination.
Any person nominated by the Vice-Chancellor under sub-
section (6) shall be deemed to be an examiner included in
the panel approved by the Syndicate.
the Vice-Chancellor shall have the right of visiting and
inspecting colleges and other institutions maintained by,
or affiliated to, the University.
It shall be the duty of the Vice-Chancellor to ensure that
the provisions of this Act and the Statutes, the Ordinances,
the Regulations, the rules and the bye-laws are faithfully
observed and carried out, and be shall have all powers
necessary for this purpose.
It shall be the duty of the Vice-Chancellor to carry on the
administration of the University in an efficient manner,
by adopting modern techniques of management and by
using computers and other sophisticated equipment.
It shall be the duty of the Vice-chancellor to see that the
proceedings of the University are carried on in accordance
with the provisions of this Act and the Statutes, the
29
Kannur University Act 1996
Ordinances, the Regulations, the rules and the bye-laws
and to report to the Chancellor every proceedings which
is not in conformity with such provisions.
(12) The Vice-Chancellor shall exercise such other powers and
perform such other functions as may be prescribed by the
Statutes.
12. Vacancy in the office of Vice-Chancellor-
(1) Inthe event of a temporary vacancy occurring in the office
of the Vice-Chancellor. or where the Vice-Chancellor is
absent, the Pro- Vice-Chancellor shall exercise the powers
and perform the duties of the Vice-Chancellor.
(2) Inthe event of a permanent vacancy occurring in the office
of the Vice-Chancellor, the Chancellor shall initiate action
for the appointment of the Vice-Chancellor, within one
month of the occurrence of the vacancy and, pending such
appointment, may make necessary arrangements for
exercising the powers and performing the duties of the Vice-
Chancellor.
13. The Pro-Vice-Chancellor-
(1) The Pro-Vice-Chancellor shall be appointed by the
Chancellor in consultation with the Vice-Chancellor.
(2) No person who is more than* sixty years of age shall be
appointed as Pro- Vice-Chancellor.
* Substituted by The University Laws (Amendment)
Act, 2012( Act 12 of 2012)
Deemed to have come into force on 08/12/2009.
(3) The Pro-Vice-Chancellor shall be a whole-time salaried
officer of the University.
30
(4)
(5)
(6)
14.
(1)
(2)
(3)
Kannur University Act 1996
The Pro-Vice-Chancellor shall hold office for a term of
four years from the date on which he enters upon his office
and shall be eligible for reappointment.
The salary and other condition of service of the Pro-Vice-
Chancellor shall be such as may be determined by the
Chancellor.
Subject to the provisions of this Act and the Statutes,
Ordinances and Regulations, the powers and functions of
the Pro-Vice-Chancellor shall be determined by the
Chancellor in consultation with the Vice-Chancellor.
The Registrar-
The Registrar shall be a whole time salaried officer of the
University and shall be appointed by the Syndicate for such
period and on such terms and conditions as may be
prescribed by the Statutes.
The Registrar shall exercise such powers and perform such
duties as may be prescribed by the Statutes.
Suits by or against the University shall be instituted by or
against the Registrar.
15. The Controller of Examinations-
(1)
(2)
The Controller of Examinations shall be a whole time
salaried officer of the University and shall be appointed by
the Syndicate for such period and on such terms and
conditions as may be prescribed by the Statutes.
The Controller of Examinations shall exercise such powers
and perform such duties as may be prescribed by the
Statutes.
31
Kannur University Act 1996
Chapter IV
AUTHORITIES OF THE UNIVERSITY
18. Authorities of the University- The following shall be the
authorities of the University, namely:-
(i) the Senate;
(ii) the Syndicate;
(111) the Academic Council;
(iv) the Faculties;
(v) the Board of Studies;
(vi) the Students’ Council;
(vii) the Finance Committee;
(vii) the Planning Board; and
(ix) such other board or other bodies of the University as
may be declared by the Statutes to be authorities of the
University.
19. Senate- The Senate shall consist of the following members,
namely:-
Ex-officio members
(i) the Chancellor;
(ii) (*)
( *) Omitted by the Kannur University (Amendment)
Act 2001 (Act 14 of 2001)
Come into force on 12/12/2001
(ii) the Vice-Chancellor;
(iv) the Pro-Vice-Chancellor;
33
Kannur University Act 1996
(v)
(vi)
(vii)
the Finance Secretary to Government, or an Officer of
the Finance Department, not below the rank of Joint
Secretary to Government, nominated by the Government:
the Director of Public Instruction;
the Director of Collegiate Education;
(vill) the Secretary to Government, General Education
(ix)
Department, or an officer of the General Education
Department, not below the rank of Joint Secretary to
Government, nominated by the Government;
the Secretary to Government, Higher Education
Department, or an officer of the Higher Education
Department, not below the rank of Joint Secretary to
Government, nominated by the Government:
(ix a)* The Secretary to Government, Information Technology
Department or an officer of the Information Technology
Department not below the rank of a Joint Secretary,
nominated by him.
* Inserted by the Kannur University (Amendment) Act 2001
(Act 14 of 2001)
Come into force on 12/12/2001.
(x)
(xi)
(xii)
the Director of Technical Education, Government of
Kerala;
the Director of Medical Education, Government of Kerala;
two heads of University departments who are not
otherwise members of the Senate, nominated by the
Chancellor, by rotation;
34
Kannur University Act 1996
(xiii) two Deans of the faculties of the University who are not
otherwise members of the Senate, nominated by the
Chancellor, by rotation;
(xiv) the Chairman of the University Union.
(xv)* The Chairman, State Advisory Board of Education.
“Inserted by The Kannur University (Amendment)
Act 2001(Act 14 of 2001)
Come into force on 12/12/2001.
(xvi) *members of the Syndicate who are not members of the
Senate;
( *Inserted by The University Laws(Amendment) Act
2012(Act 12 of 2012)
Deemed to have come into force on 01/12/2011
Elected members
(i) | four members elected from among Principals, of whom,
one shall be a principal of a Government college for Arts
and Science, one shall be a principal of a private College
for Arts and Science and one shall be a Principal of a
Professional college;
(ii) (*)
( *)Omitted by the University Laws (Amendment)
Act 2005 (Act 2 of 2005).
(1ii) four members elected by the members of the Legislative
Assembly of Kerala from among themselves, of whom
one shall be a member ofa Scheduled Caste or a Scheduled
Tribe and one shall be a woman:
35
Kannur University Act 1996
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(xi)
two members elected by the teachers of the University
from among themselves;
three members elected by the teachers of Government
colleges from among themselves;
ten members elected by the teachers of private colleges
from among themselves of whom three shall be women;
president of a District Panchayat elected by the members
of the District Panchayats, President ofa Block Panchayat,
elected by the Presidents of the Block Panchayats, three
Presidents of Grama Panchayats elected by the Presidents
of the Grama Panchayats and Chairman of a Muncipality
elected by the Chairmen of the Muncipalities, within the
University area;
one member elected by the members of the non-teaching
staff of the University, from among themselves;
two members elected by 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 and the other shall be a member of
the non-teaching staff of a private college;
one member elected by the managers of the private
colleges in the University area from among themselves:
ten members elected by the members of the General
Council of the University Union from among full-time
students, of whom one shall be a post-graduate student,
one shall be a research scholar, one shall be a student of a
professional college, two shall be lady students, and one
shall be a member of a Scheduled Caste or a Scheduled
Tribe;
36
Kannur University Act 1996
(xi) Two members elected by the registered trade unions within
the jurisdiction of the University;
(xiii) One member elected by the members of the State Library
(i)
(it)
(iii)
Council from among themselves.
Other members
one member from among the headmasters of High Schools
and one member from among the teachers of schools,
situated within the University area, nominated by the
Chancellor;
not more than ten members nominated by the Chancellor
representing (a) recognized research institutions; (b)
Chambers of commerce and industries: (c) authors; (d)
journalists; (e) lawyers; (f) sports and games; (g) linguistic
minorities; (h) medical profession; (1) engineering and
technology;
four members from among students nominated by the
Chancellor, one having outstanding academic ability in
humanities, one having outstanding academic ability in
Science, one having outstanding ability in Sports, and one
having outstanding ability in fine arts of whom, one shall
be a student of a campus or a University department and
another shall be a student of an affiliated college.
(iv) (*).C**)
( *)Inserted byThe Kannur University (Amendment)
Act, 2001( Act 14 of 2001)
Come into force on 12/12/2001.
(** ) Omitted by The University Laws (Amendment) Act,
2012 (Act 12 of 2012)
Deemed to have come into force on 01/12/2011..
37
Kannur University Act 1996
20. Reconstitution of Senate -
(1)
(2)
(3)
The Senate shall be reconstituted every four years.
The term of office of a member referred to in items (xii)
and (xiii) under the heading “ex-officio members” in section
19 shall be two years from the date of his nomination.
Every member of the Senate, other than ex-officio
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 office 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 again
becomes a member of that body or the holder of that office:
Provided further that where any member, other than an ex-
officio member 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 his taking charge of his
appointment, chose whether he will continue to be a
member of the Senate otherwise than as an ex-officio
member or whether he will vacate office as such member
and become a member ex-officio by virtue of his
appointment, and such choice shall be final:
Provided also that the term of office of a member referred
to in item (xi) under the heading “ Elected members” in
section 19 and of a member referred to in item (iit) under
38
(4)
(5)
Kannur University Act 1996
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 he has ceased to be a student within the period of one
year specified in that proviso.
Notwithstanding anything contained in the first proviso to
subsection (3), a principal elected under item (1), or a teacher
of a Government college elected under item (v), or a teacher
of a private college elected under item (vi), or a member of
the non-teaching staff of an affiliated college elected under
item (ix), under the heading “Elected members” in section
19, shall not cease to be a member of the Senate merely on
the ground -
(a) that he has been transferred to an educational
institution within the State, situated beyond the
territorial limits of the University; or
(b) that the college of which he is the principal or in which
he is a teacher or a member of the non-teaching staff
has been transferred to another University, or
(c) in the case of a teacher, that he has been promoted as
a principal
Notwithstanding anything contained in this Act, or in this
Attitudes, no person elected under item (i) under the
heading “Elected members” in section 19, shall cease to
be a member of the Senate merely on the ground that he
39
Kannur University Act 1996
(6)
(7)
*21.
has ceased to be employed or normally resident within the
territorial limits of the University.
On failure of a member to make the choice under the second
proviso to sub-section (3), he shall be deemed to have
chosen to become a member, ex-officio.
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 be a member by virtue of this
membership in the Senate.
Powers and functions of the Senate - Save as otherwise
expressly provided in this Act, the Senate shall have the
following powers, namely:-
*(a)
*(b)
*(c)
*(d)
to review, from time to time, the broad policies and
programmes of the University;
to suggest measures for the improvement and development
of the University;
to consider and pass resolution on the annual report and
the annual accounts of the University and the audit report
on such accounts; and
to advise the Chancellor in respect of any matter which
may be referred to it for advice.
* Substituted by The Kannur University( Amendment) Act
2001( Act 14 of 2001).
Come into force on 12/12/2001
22. Meetings of Senate -
(1) The Senate shall meet at least once in four months on dates
to be fixed by the Vice-Chancellor and one of such meeting
shall be called the annual meeting.
40
(2)
(3)
(4)
Kannur University Act 1996
Fifteen 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 the Senate
held for the purpose of conferring degrees, titles, diplomas
or other distinctions.
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 of the total number of
members of the Senate, convene a special meeting of the
Senate.
When a special meeting is convened on requisition, no
subject other than that shown in the requisition shall be
considered at the meeting.
23. The Syndicate - The Syndicate shall be the chief executive
body of the University and shall consist of the following
members, namely:-
*(a)
*(b)
Ex-Officio members
The Vice Chancellor
The Pro- Vice Chancellor
*(c) The Secretary to Government, Higher Education
*(d)
Department or an Officer not below the rank of a Joint
Secretary in the Higher Education Department, nominated
by him;
The Secretary to Government, Finance Department or an
officer not below the rank of a Joint Secretary, nominated
by him.
41
K annur University Act I 996
(2) Fifteen 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 the Senate
held for the purpose of conferring degrees, titles, diplomas
or other distinctions.
(3) 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 of 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.
23. The Syndicate - The Syndicate shall be the chief executive
body of the University and shall consist of the following
members, namely:-
Ex-Officio members
*(a) The Vlce Chancellor
>*(b) The Pro- Vice Chancellor
*(c) The Secretary to Government, Higher Education
Department or an Officer not below the rank of a Joint
Secretary in the Higher Education Department, nominated
by him,
*(d) The Secretary to Government, Finance Department or an
officer not below the rank of a Joint Secretary, nominated
by him
41
Kannur University Act I 996
*(6)
*(fl
*(b)
*(C)
*(d)
*(e)
The Secretary to Government, Information Technology
Department or an Officer not below the rank of a Joint
Secretary, nominated by him,
The Director of Collegiate Education.
*a, b, c, & d Substituted and e & f inserted by The Kannur
University (Amendment) Act 2001.( Act 14 of 2001 ).
Come into force on 12/12/2001.
Other members
(*) Omitted.
(* ) Substituted by the kannur
University(Amendment)A CT, 200 1 (Act 14 of 2001),&
(*) Omitted by The University Laws
(Amendment)ACT,2012(Act 12 0f2012)
Deemed to have come into force on 01/12/2011
Three Deans of Faculties nominated by the Chancellor,
by rotation;
Two Principals of Colleges affiliated to the University,
nominated by the Government,
>“Substituted by the Kannur University (Amendment)
Act,2001(Act 14 0f2001)
Come into force on 12/12/2001
Three teachers nominated by the Government of whom
one shall be from the University Department and two from
the affiliated colleges of whom one shall be a member of
a Scheduled Castes / Scheduled Tribes,
not more than siX experts nominated by the Government,
from the field of Higher Education of whom one shall be
a woman.
42
K annur University Act I 996
* Provided that the members of the Syndicate nominated
by the Chancellor or the Government under the heading
“Other Members” shall hold their office during the
pleasure of the Chancellor, or the Government, as the case
may be.
* Inserted by the Kannur University Laws (Amendment)
Act 2012 (Act 12 0f2012)
Deemed to have come into force on 01/12/2011
*(f) the member nominated by the Executive Council of the
Kerala State Higher Education Council from among its
members.
*1nserted by The University Laws (Amendment)
Act 2007(N0.24 0f2007)
Deemed to have come into force on 05/02/2007.
*(g) one member elected by the Senate from among the
members in item (xi) under the heading ‘Elected members’
in section 19.
* Inserted by The University Laws (Amendment) Act 2012
(Act 12 of 2012).
Deemed to have come into force on 08/12/2009.
24. Term of office of members of Syndicate-
*(1) Members of the Syndicate, other than eX-ofiicio members,
shall hold office for a term of four years from the date of
their nomination.
* Provided that no person nominated in his capacity as a
member of a particular body or as the 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
43
Kannur University Act I 996
*(2)
*(a)
*(b)
*(C)
member or holder of such office unless in the meanwhile
he again becomes a member of that body or the holder of
that office,
*Provided further that a member other than an ex-officio
member shall, notwithstanding the expiration of his term,
continue to hold office until his successor is nominated:
>“Provided also that no person other than an ex-officio
member shall be eligible to hold office for more than two
terms in succession.
Notwithstanding anything contained in the first proviso
to sub-section (1) a member of the Syndicate referred to
in item (c) or in item ((1) under the heading “other
members” in section 23 shall not cease to be such member
merely on the ground that,-
he has been transferred to an educational institution within
the State, situated beyond the territorial limits of the
University; or
the college of which he is the Principal or in which he is
a teacher has been transferred to another University; or
in the case of a teacher, he has been promoted as Principal.
*( Substituted by Kannur University (Amendment)
Act 2001 (Act 14 0f2001).
Come into force on 12/12/2001
25. Powers 0fSyndicate— 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 University, shall be vested in the Syndicate
and subject likewise the Syndicate shall have the following
powers, namely:-
44
(i)
(ii)
(iii) (*)
(W)
(V)
(vi)
K annur University Act I 996
to affiliate institutions in accordance with the terms and
conditions of such affiliation prescribed in this Act and
the Statutes;
to make *Statutes and Ordinances and to amend or
repeal the same
*substituted by The Kannur University (Amendment)
Act 2001 (Act 14 0f2001)
Come into force on 12/12/2001
(*)0mitted by Kannur University (Amendment)
Act 2001(Act 14 0f2001)
Come into force on 12/12/2001
to hold; control and administer the properties and funds
of the University;
to direct the form; custody and use of the common seal
of the University;
to arrange for and direct the inspection of campuses;
colleges; hostels and other institutions and to constitute
a Board of Inspection for that purpose;
to establish; maintain and manage colleges and institutes
of research and other institutions of higher learning as
it may from time to time; deem necessary;
to appoint teachers and other employees of the
University and prescribe their duties;
to create administrative; ministerial and other necessary
post;
45
Kannur University Act I 996
(X)
(xi)
(xii)
(xiii)
(xiv)
(XV)
(xvi)
(xvii)
(xviii)
(xix)
Provided that no post shall be created by the Syndicate
without the prior approval of the Government, if creation
of such post involves expenditure in excess of the
budgetary provisions;
to suspend, discharge, dismiss or otherwise take any
disciplinary action against teachers and other employees
of the University after giving them reasonable
opportunity to defend their position.
with the previous sanction of the Government, to fix
and regulate the fee payable by students in colleges
affiliated to the University,
to award fellowships, scholarships, studentships,
bursaries, medals and prizes,
to exercise supervision and control over the residence
and discipline of students,
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,
to conduct University Examinations and approve and
publish the results thereof,
to appoint members to the Boards of Studies,
to approve panel of examiners and to fix their
remuneration,
to approve the appointment of teachers in private
colleges;
to delegate any of its powers to the Vlce-Chancellor or
to a committee appointed from among its members,
46
Kannur UniversityAct 1996
(xx) to arrange for and direct the investigation in the affairs
of private 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 instructions, to modify the conditions of affiliation
or recognition or take such other steps as it deems proper
in that behalf,
(xxi) to withhold or cancel the result of any candidate at any
University examination,
(xxii) to accept endowments, bequests, donations and transfers
of any movable and immovable properties to the
University on its behalf, provided that all such
endowments, bequests, donations and transfers shall be
reported to the Senate at its next meeting,
(xxiii) to exercise the powers of the University under clause
(xxvii) of section 5,( * )
>"Omitted by the Kannur University (Amendment)
Act 2001 (Act 14 0f2001)
Come into force on 12/12/2001
>k(xxiv) to determine what degrees, diplomas and other academic
distinction shall be granted by the University,
Substituted by Kannur University (Amendment)
Act 2001 (Act 14 0f2001)
Come into force on 12/12/2001
*(xxv) to cancel or amend by a majority of the total membership
of the Syndicate and by a majority of not less than two-
47
Kannur University Act I 996
thirds of the members present and voting, any Regulation
passed by the Academic Council:
Provided that no Regulation shall be cancelled or
amended by the Syndicate Without giving the Academic
Council a reasonable opportunity to state its opinion on
the proposed cancellation or amendment;
* (xxvi) to institute professorships, readerships, lectureships and
such other teaching or research posts as it may deem
necessary:
Provided that no professorships, readership s,
lectureships or other teaching or research post shall be
instituted by the Syndicate Without the previous approval
of the Government if it involves expenditure in excess
of the budgetary provision.
*(XXVll) to prescribe, with the previous concurrence of the
Government, the terms and conditions of service of the
employees of the University,
*(xxviii) to regulate, with the previous concurrence of the
Government, the emoluments and prescribe the duties
and conditions of service of teachers and non teaching
staff of private colleges:
*(XXlX) to prepare the budget according to the provisions of the
Statute:
*(XXX) to cancel any degree, diploma title or any other
distinction granted to any person, in accordance with
the provisions of the Statute,
*(Xxxi)to appoint committees and to delegate to them such
functions as it may deem fit:
48
Kannur UniversityAct I996
>k(xxxii)to make Statutes regulating the method of election to
the authorities of the University, the procedure of the
meetings of the Senate, the Syndicate and other
authorities of the University and the quorum of members
required for the transaction of business by the authorities
of the University other than the Senate.
*(xxxiii) to recommend to the Government the recognition of
any local area within the University area as a University
centre:
*(xxxiv) to co-operate with other Universities and other
authorities in such manner and for such purpose as it
may determine; and
*(xxxv) to exercise such other powers and perform such other
duties as may be prescribed by this Act, the Statute, the
Ordinance, the Rules, the Bye-laws and the Orders.
Inserted (clause xxv t0 xxxv ) by Kannur University
(amendment) Act, 200].(Act 14 0f2001). Come into
force on 12/12/2001
26. The Academic Council -
(l) The Academic Council shall be the academic body of the
University.
(2) The Academic Council shall, subject to the provisions of
this Act and the Statutes, control and regulate, and be
responsible for the maintenance of standards of instruction,
education and examinations within the University and shall
exercise such other powers and perform such other duties
as may be conferred or imposed upon it by the Statutes.
49
Kannur University Act I 996
(3) The Academic Council shall consist of the following
members, namely;-
(a)
(b)
(i)
(j)
(k)
(1)
(In)
(H)
the Vlce-Chancellor ;
the Pro-Vice-Chancellor;
the Director of Public Instruction;
the Director of Technical Education;
the Director of Collegiate Education;
the Director of Medical Education;
the Director of Higher Secondary Education;
the Director of Vocational Higher Secondary
Education;
the Director; State Council of Educational Research
and Training;
the Deans Faculties;
all the heads of University Departments of Study and
Research who are not Deans of Faculties;
all members of the Syndicate who are not otherwise
members of the Academic Council;
three members (other than Deans of Faculties) of
whom at least one shall be the principal of a
Government professional college; elected by the
principals of professional colleges; from among
themselves;
seven members (other than Deans of Faculties) of
whom at least one shall be the principal of a
Government college; elected by the principals of first
50
(4)
(0)
(p)
(q)
(r)
(S)
K annur University Act I 996
grade colleges, other than colleges of oriental
languages, from among themselves;
one member (other than a Dean of a Faculty) elected
by the principals of college of oriental languages, from
among themselves,
one member each of every subject of study, not being
a Dean of Faculty or head of a University department
or principal, elected by the teachers of that subject,
from among themselves,
one member from among the headmasters and one
member from among the teachers of the secondary
schools in the University area nominated by the
Chancellor,
one member representing each faculty, elected by the
full-time post-graduate students of the faculty, from
among themselves, and
seven members from external experts nominated by
the Chancellor of whom two shall be experts in
commerce, business management or industrial
technology.
Members of the Academic Council, other than the members
specified in clauses (a) to (i) of sub-section (3), shall hold
office for a term of four years from the date of constitution
of the Council:
Provided 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 his ceasing to be a
post-graduate student.
51
Kannur University Act I 996
27. Power and duties of Academic Council -
Subject to the provision of this Act and the Statutes, the
Academic Council shall have the following powers, duties and
functions, namely:-
(i)
(ii)
(iii)
(M
(a)
(b)
(V)
(vi)
(vii)
to advise the Senate and the Syndicate on all academic
matters,
to make Regulations and to amend or repeal the same.
to prescribe the courses of studies in the institutions
maintained by, or affiliated to, the University,
to prescribe the qualifications of teachers
in colleges, and
in the institutions maintained by the University,
to prescribe the qualifications for admission of students
to the various courses of studies and to the examinations
and the conditions under which exemptions may be
granted,
to make provision for the admission of students to the
various courses of studies on the basis of merit in order to
maintain standards of education,
to make proposals for the instruction and training in such
branches of learning as it may think fit,
(viii) to make proposals for research and advancement and
GK)
dissemination of knowledge,
to make proposals for the institution of Professorships,
Readerships, Lectureships and other teaching and research
posts required by the University,
52
(X)
(xi)
(xii)
Kannur UniversityAct 1996
to make proposals for the institution of fellowships,
travelling fellowships, scholarships, studentships medals
and prizes,
to make proposals for determining what degrees, diplomas
and other academic distinctions shall be granted by the
University,
to decide what examinations of other Universities may
be accepted as equivalent to those of the University and
to negotiate with other Universities for the recognition of
the examinations of the University,
(xiii) to arrange for the co-ordination of studies and teaching in
affiliated colleges and recognized institutions, and
(xiv) to exercise such other powers and perform such other
duties and functions as may be conferred or imposed on
it by this Act and the Statutes, Ordinances, Regulations,
rules and bye-laws.
28. Faculties-
(1)
(2)
(3)
(a)
(b)
The University may have such faculties as may be
prescribed by the Statutes, from time to time.
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,
Each faculty shall consist of the following members,
namely:-
the chairman of the Boards of Studies comprised in the
faculty;
two members elected from each Board of Studies,
53
Kannur University Act I 996
(C)
(d)
(4)
(5)
(6)
not less than five and not more than ten members,
nominated by the Syndicate from among teachers; and
two members nominated by the Syndicate, who are from
outside the University, on the basis of their expert
knowledge.
Each faculty shall comprise of such departments of teaching
as may be prescribed by the Ordinances.
Subject to the provisions of this Act, faculty shall exercise
such powers and perform such duties as may be prescribed
by the Statutes.
The members of faculties mentioned in clauses (b), (c) and
(d) of sub-section (3) shall hold office for a period of four
years from the date of their election or nomination, as the
case may be.
29. Deans of faculties-
(1)
(2)
(3)
There shall be a Dean of each faculty, who shall be
nominated by the Chancellor in consultation with the
Vlce-Chancellor, by rotation, from among the heads of
University departments or professors or from among
persons of outstanding expertise.
The Dean of each faculty shall be responsible for the due
observance of the Statutes, Ordinances, Regulations and
bye- laws relating to that faculty.
The Dean of a faculty shall hold office for a term of two
years from the date of nomination and shall be eligible for
re- nomination.
54
K annur University Act I 996
30. Boards of Studies -
(1)
(2)
(3)
There shall be a Board of Studies attached to each
department of study in the University:
Provided that post-graduate studies in each department may
have separate Board of Studies.
The constitution, powers and functions of the Boards of
Studies shall be prescribed by the Statutes.
Members of the Boards of Studies shall hold office for a
period of two years from the date of their entering upon
office.
31. Students’ Council-
(1)
(2)
(a)
(b)
(C)
(d)
(e)
(f)
(g)
There shall be a Students’ Council in the University.
The Students’ Council shall consist of the following
members, namely:-
ex-officio members
a senior member from among the teachers nominated by
the Vlce-Chancellor; who shall be the Chairman of the
Council;
the Chairman of the University Union;
the General Secretary of the University Union;
the Director; National Cadet Corps;
the officer-in-charge of the National Service Scheme in
the University;
the Director of Physical Education of the University;
the Director of Youth Affairs of the University who shall
be the Vice-Chairman of the Council;
55
Kannur University Act I 996
Elected members
(a)
(b)
(C)
(d)
(6)
seven members, not being members of the Senate or the
Academic Council, elected by the members of the General
Council of the University Union from among themselves,
of whom two shall be women and one shall be a member
of a Scheduled Caste or a Scheduled Tribe.
two members elected from among the full-time students
of the campuses or departments of the University in such
manner as may be prescribed by Statutes,
two members, other than students, elected by the members
of the Senate from among themselves,
one member elected by the members of the Syndicate from
among themselves, and
one member elected by the members of the Academic
Council from among themselves,
Other members
Five students who have distinguished themselves in academic
field, sports or fine arts, nominated by the Vlce-Chancellor after
giving due consideration to the representation of special
interests.
(3)
A member nominated by the Vice-Chancellor, in
consultation with the Chairman of the University Union,
from among the elected student members of the Council,
shall be the Secretary to the Council.
56
(4)
K annur University Act I 996
The members of the Students’ Council, other than eX-ofiicio
members, shall hold office for a term of one year from the
date of their nomination or election, as the case may be.
32. Powers and duties of Students’ Council
(1)
(a)
(b)
(C)
Subject to the provisions of this Act and the Statutes, the
Students Council shall have the following powers, duties
and functions, namely:-
to make recommendations to the Syndicate and to the
Academic Council in matters affecting the academic work
of students, such as the structure of courses and pattern of
instruction, the corporate life of the University in so far as
it concerns students and the co-curricular and extra-
curricular activities in the University.
to make suggestions to the Syndicate and the academic
Council in respect of all rules relating to discipline and
welfare of students, sports, working of literary and other
societies, management of hostels, students’ homes and non-
resident student centers, extension work, social work,
student’s health, National Service Scheme and National
Cadet Corps and such other matters as may be specified in
the Statutes,
to communicate its views, observations and
recommendations to any authority of the University in
respect of any matter which concerns the students:
Provided that if any question arises 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,
57
Kannur University Act I 996
(d)
(e)
to take such steps as are necessary for the general welfare
of students; and
to exercise such other powers and perform such other duties
and functions as may be conferred or imposed on it by this
Act or the Statutes, Ordinances or Regulations.
(2) The Chairman of the Students’ Council shall cause to be
laid before the Syndicate and the Students’ Council, in such
manner as may be prescribed by the Statutes, periodical
reports detailing the recommendations 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
authorities to which such recommendations and suggestions
were made, the reason thereof
33. Finance Committee
(1) There shall be a Finance Committee to give advice to the
(2)
University on any question affecting finances.
The Finance Committee shall consist of the following
members, namely:-
(a) the Vice-Chancellor, who shall be the Chairman,
(b) the Pro-Vlce-Chancellor,
(c) one member elected by the members of the Senate
from among themselves,
(d) one member elected by the members of the Syndicate
from among themselves,
(e) one member elected by the members of Academic
Council from among themselves,
58
(3)
(4)
Kannur UniversityAct 1996
(f) the Finance Secretary to government or an officer of
the Finance Department, not below the rank of Joint
secretary to Government, nominated by the
Government; and
(g) the Secretary to Government, Higher Education
Department or an officer of the Higher Education
Department, not below the rank of Joint Secretary to
Government, nominated by the Government.
The Finance Officer of the University shall be the Secretary
of the Finance Committee.
The powers and functions of the Finance Committee and
its procedure in financial matters, including the delegation
of its powers, shall be prescribed by the Statutes.
34. Planning Board
(1)
(2)
There shall be a Planning Board which shall be the principal
planning body of the University to advise the Senate, the
Syndicate and the Academic Council on any matter which
the Board considers necessary for the fulfillment of the
objectives of the University.
The Planning Board shall consist of the following members,
namely: -
(a) the Vlce-Chancellor, who shall be the Chairman,
(b) the Pro-Vlce-Chancellor,
(c) three teachers, one representing University teachers,
one representing government college teachers and one
representing private college teachers, nominated by
Syndicate.
(d) two experts in planning nominated by the Chancellor,
59
Kannur University Act I 996
(3)
(4)
(e) one member nominated by the University Grants
Commission;
(f) the Secretary to Government, Higher Education
Department;
(g) the member, State Planning Board, in charge of
Education,
(h) the Registrar of the University, and
(i) the Finance Officer of the University, who shall be
the Secretary of the Board.
The members referred to in clauses (c) and (d) of sub-
section (2) shall hold ofiice for a period of four years from
the date of their nomination.
The powers and functions of the Planning Board shall be
prescribed by the Statutes.
35. Other Authorities of University :-
(1)
The constitution, powers and duties of boards and other
bodies declared by the Statutes to be the authorities of the
University shall be prescribed by the Statutes.
36. Disqualification for membership.-
(1)
No person shall be qualified for 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
(c) is an un discharged insolvent, or
(d) has been convicted by a court of law for an offence
involving moral delinquency,
60
Kannur University Act 1996
*(e)
*f
(a)
*(b)
*(c)
*(d)
*(e)
The Secretary to Government, Information Technology
Department or an Officer not below the rank of a Joint
Secretary, nominated by him;
The Director of Collegiate Education.
*a, b,c, & d Substituted and e & f inserted by The Kannur
University (Amendment) Act 2001.( Act 14 of 2001).
Come into force on 12/12/2001.
Other members
(*) Omitted.
(* ) Substituted by the kannur
University(Amendment)ACT, 2001(Act 14 of 2001), &
(*) Omitted by The University Laws
(Amendment)ACT, 2012( Act 12 of 2012)
Deemed to have come into force on 01/12/2011
Three Deans of Faculties nominated by the Chancellor,
by rotation;
Two Principals of Colleges affiliated to the University,
nominated by the Government;
*Substituted by the Kannur University (Amendment)
Act,2001( Act 14 of 2001)
Come into force on 12/12/2001
Three teachers nominated by the Government of whom
one shall be from the University Department and two from
the affiliated colleges of whom one shall be a member of
a Scheduled Castes / Scheduled Tribes;
not more than six experts nominated by the Government,
from the field of Higher Education of whom one shall be
a woman.
42
*(f)
*(g)
Kannur University Act 1996
* Provided that the members of the Syndicate nominated
by the Chancellor or the Government under the heading
“Other Members” shall hold their office during the
pleasure of the Chancellor, or the Government, as the case
may be.
* Inserted by the Kannur University Laws (Amendment)
Act 2012 (Act 12 of 2012)
Deemed to have come into force on 01/12/2011
the member nominated by the Executive Council of the
Kerala State Higher Education Council from among its
members.
*Inserted by The University Laws (Amendment)
Act 2007(No.24 of 2007)
Deemed to have come into force on 05/02/2007.
one member elected by the Senate from among the
members in item (xi) under the heading ‘Elected members’
in section 19.
* Inserted by The University Laws (Amendment) Act 2012
(Act 12 of 2012).
Deemed to have come into force on 08/12/2009.
24. Term of office of members of Syndicate-
*(1) Members of the Syndicate, other than ex-officio members,
shall hold office for a term of four years from the date of
their nomination.
* Provided that no person nominated in his capacity as a
member ofa particular body or as the holder, ofa particular
office shall be a member of the Syndicate for a longer
period than three months after he has ceased to be such
43
Kannur University Act 1996
*(2)
*(a)
*(b)
*(c)
member or holder of such office unless in the meanwhile
he again becomes a member of that body or the holder of
that office;
*Provided further that a member other than an ex-officio
member shall, notwithstanding the expiration of his term,
continue to hold office until his successor is nominated:
*Provided also that no person other than an ex-officio
member shall be eligible to hold office for more than two
terms in succession.
Notwithstanding anything contained in the first proviso
to sub-section (1) a member of the Syndicate referred to
in item (c) or in item (d) under the heading “other
members” in section 23 shall not cease to be such member
merely on the ground that,-
he has been transferred to an educational institution within
the State, situated beyond the territorial limits of the
University; or
the college of which he is the Principal or in which he is
a teacher has been transferred to another University; or
in the case of a teacher, he has been promoted as Principal.
*( Substituted by Kannur University (Amendment)
Act 2001 (Act 14 of 2001).
Come into force on 12/12/2001
25. 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 University, shall be vested in the Syndicate
and subject likewise the Syndicate shall have the following
powers, namely:-
44
Kannur University Act 1996
(i) to affiliate institutions in accordance with the terms and
conditions of such affiliation prescribed in this Act and
the Statutes;
(11) to make “Statutes and Ordinances and to amend or
repeal the same
*substituted by The Kannur University (Amendment)
Act 2001 (Act 14 of 2001)
Come into force on 12/12/2001
(iit) (*)
(*)Omitted by Kannur University (Amendment)
Act 2001(Act 14 of 2001)
Come into force on 12/12/2001
(iv) — to hold, control and administer the properties and funds
of the University;
(v) to direct the form, custody and use of the common seal
of the University;
(vi) to arrange for and direct the inspection of campuses,
colleges, hostels 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
it may from time to time, deem necessary;
(vili) to appoint teachers and other employees of the
University and prescribe their duties;
(x) to create administrative, ministerial and other necessary
post;
45
Kannur University Act 1996
(x)
(xi)
(xii)
(xiii)
(xiv)
(xv)
(xvi)
(xvil)
(xviii)
(xix)
Provided that no post shall be created by the Syndicate
without the prior approval of the Government, if creation
of such post involves expenditure in excess of the
budgetary provisions;
to suspend, discharge, dismiss or otherwise take any
disciplinary action against teachers and other employees
of the University after giving them reasonable
opportunity to defend their position.
with the previous sanction of the Government, to fix
and regulate the fee payable by students in colleges
affiliated to the University;
to award fellowships, scholarships, studentships,
bursaries, medals and prizes;
to exercise supervision and control over the residence
and discipline of students;
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;
to conduct University Examinations and approve and
publish the results thereof:
to appoint members to the Boards of Studies;
to approve panel of examiners and to fix their
remuneration;
to approve the appointment of teachers in private
colleges;
to delegate any of its powers to the Vice-Chancellor or
to a committee appointed from among its members;
46
(xx)
(xxi)
(xxil)
(xxiii)
Kannur University Act 1996
to arrange for and direct the investigation in the affairs
of private 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 instructions, to modify the conditions of affiliation
or recognition or take such other steps as it deems proper
in that behalf:
to withhold or cancel the result of any candidate at any
University examination;
to accept endowments, bequests, donations and transfers
of any movable and immovable properties to the
University on its behalf, provided that all such
endowments, bequests, donations and transfers shall be
reported to the Senate at its next meeting;
to exercise the powers of the University under clause
(xxvil) of section 5;( * )
*Omitted by the Kannur University (Amendment)
Act 2001 (Act 14 of 2001)
Come into force on 12/12/2001
*(xxiv) to determine what degrees, diplomas and other academic
distinction shall be granted by the University;
Substituted by Kannur University (Amendment)
Act 2001 (Act 14 of 2001)
Come into force on 12/12/2001
*(xxv) to cancel or amend by a majority of the total membership
of the Syndicate and by a majority of not less than two-
47
Kannur University Act 1996
thirds of the members present and voting, any Regulation
passed by the Academic Council:
Provided that no Regulation shall be cancelled or
amended by the Syndicate without giving the Academic
Council a reasonable opportunity to state its opinion on
the proposed cancellation or amendment;
*(xxvi)to institute professorships, readerships, lectureships and
such other teaching or research posts as it may deem
necessary:
Provided that no professorships, readerships,
lectureships or other teaching or research post shall be
instituted by the Syndicate without the previous approval
of the Government if it involves expenditure in excess
of the budgetary provision.
*(xxvii) to prescribe, with the previous concurrence of the
Government, the terms and conditions of service of the
employees of the University;
*(xxvili) to regulate, with the previous concurrence of the
Government, the emoluments and prescribe the duties
and conditions of service of teachers and non teaching
staff of private colleges:
*(xxix) to prepare the budget according to the provisions of the
Statute:
*(xxx) to cancel any degree, diploma title or any other
distinction granted to any person, in accordance with
the provisions of the Statute;
*(xxxi)to appoint committees and to delegate to them such
functions as it may deem fit:
48
Kannur University Act 1996
*(xxxil)to make Statutes regulating the method of election to
the authorities of the University, the procedure of the
meetings of the Senate, the Syndicate and other
authorities of the University and the quorum of members
required for the transaction of business by the authorities
of the University other than the Senate.
*(xxxili) to recommend to the Government the recognition of
any local area within the University area as a University
centre:
*(xxxiv) to co-operate with other Universities and other
authorities in such manner and for such purpose as it
may determine; and
*(xxxv) to exercise such other powers and perform such other
duties as may be prescribed by this Act, the Statute, the
Ordinance, the Rules; the Bye-laws and the Orders.
Inserted (clause xxv to xxxv ) by Kannur University
(amendment) Act, 2001.(Act 14 of 2001). Come into
force on 12/12/2001
26. The Academic Council -
(1) The Academic Council shall be the academic body of the
University.
(2) The Academic Council shall, subject to the provisions of
this Act and the Statutes, control and regulate, and be
responsible for the maintenance of standards of instruction,
education and examinations within the University and shall
exercise such other powers and perform such other duties
as may be conferred or imposed upon it by the Statutes.
49
Kannur University Act 1996
(3) The Academic Council shall consist of the following
members, namely;-
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(1)
(m)
(n)
the Vice-Chancellor ;
the Pro-Vice-Chancellor;
the Director of Public Instruction;
the Director of Technical Education;
the Director of Collegiate Education;
the Director of Medical Education;
the Director of Higher Secondary Education;
the Director of Vocational Higher Secondary
Education;
the Director, State Council of Educational Research
and Training;
the Deans Faculties;
all the heads of University Departments of Study and
Research who are not Deans of Faculties;
all members of the Syndicate who are not otherwise
members of the Academic Council;
three members (other than Deans of Faculties) of
whom at least one shall be the principal of a
Government professional college, elected by the
principals of professional colleges, from among
themselves;
seven members (other than Deans of Faculties) of
whom at least one shall be the principal of a
Government college, elected by the principals of first
50
(4)
(0)
(p)
(q)
(1)
(s)
Kannur University Act 1996
grade colleges, other than colleges of oriental
languages, from among themselves;
one member (other than a Dean of a Faculty) elected
by the principals of college of oriental languages, from
among themselves;
one member each of every subject of study, not being
a Dean of Faculty or head of a University department
or principal, elected by the teachers of that subject,
from among themselves;
one member from among the headmasters and one
member from among the teachers of the secondary
schools in the University area nominated by the
Chancellor;
one member representing each faculty, elected by the
full-time post-graduate students of the faculty, from
among themselves; and
seven members from external experts nominated by
the Chancellor of whom two shall be experts in
commerce, business management or industrial
technology.
Members of the Academic Council, other than the members
specified in clauses (a) to (i) of sub-section (3), shall hold
office for a term of four years from the date of constitution
of the Council:
Provided that a person who has become a member of the
Academic Council in the capacity ofa post-graduate student
shall cease to hold office on his ceasing to be a
post-graduate student.
51
Kannur University Act 1996
27. Power and duties of Academic Council -
Subject to the provision of this Act and the Statutes, the
Academic Council shall have the following powers, duties and
functions, namely:-
(i)
(ii)
(iii)
(iv)
(a)
(b)
(v)
(vi)
(vii)
to advise the Senate and the Syndicate on all academic
matters;
to make Regulations and to amend or repeal the same.
to prescribe the courses of studies in the institutions
maintained by, or affiliated to, the University;
to prescribe the qualifications of teachers
in colleges; and
in the institutions maintained by the University;
to prescribe the qualifications for admission of students
to the various courses of studies and to the examinations
and the conditions under which exemptions may be
granted;
to make provision for the admission of students to the
various courses of studies on the basis of merit in order to
maintain standards of education;
to make proposals for the instruction and training in such
branches of learning as it may think fit;
(viii) to make proposals for research and advancement and
(ix)
dissemination of knowledge;
to make proposals for the institution of Professorships,
Readerships, Lectureships and other teaching and research
posts required by the University;
52
(x)
(xi)
(xii)
Kannur University Act 1996
to make proposals for the institution of fellowships,
travelling fellowships, scholarships, studentships medals
and prizes;
to make proposals for determining what degrees, diplomas
and other academic distinctions shall be granted by the
University;
to decide what examinations of other Universities may
be accepted as equivalent to those of the University and
to negotiate with other Universities for the recognition of
the examinations of the University;
(xiil) to arrange for the co-ordination of studies and teaching in
affiliated colleges and recognized institutions, and
(xiv) to exercise such other powers and perform such other
duties and functions as may be conferred or imposed on
it by this Act and the Statutes, Ordinances, Regulations,
rules and bye-laws.
28. Faculties-
(1)
(2)
(3)
(a)
(b)
The University may have such faculties as may be
prescribed by the Statutes, from time to time.
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,
Each faculty shall consist of the following members,
namely:-
the chairman of the Boards of Studies comprised in the
faculty;
two members elected from each Board of Studies;
53
Kannur University Act 1996
(c)
(d)
(4)
(5)
(6)
29.
(1)
(2)
(3)
not less than five and not more than ten members,
nominated by the Syndicate from among teachers; and
two members nominated by the Syndicate, who are from
outside the University, on the basis of their expert
knowledge.
Each faculty shall comprise of such departments of teaching
as may be prescribed by the Ordinances.
Subject to the provisions of this Act, faculty shall exercise
such powers and perform such duties as may be prescribed
by the Statutes.
The members of faculties mentioned in clauses (b), (c) and
(d) of sub-section (3) shall hold office for a period of four
years from the date of their election or nomination, as the
case may be.
Deans of faculties-
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 or from among
persons of outstanding expertise.
The Dean of each faculty shall be responsible for the due
observance of the Statutes, Ordinances, Regulations and
bye- laws relating to that faculty.
The Dean of a faculty shall hold office for a term of two
years from the date of nomination and shall be eligible for
re- nomination.
54
Kannur University Act 1996
30. Boards of Studies -
(1)
(2)
(3)
There shall be a Board of Studies attached to each
department of study in the University:
Provided that post-graduate studies in each department may
have separate Board of Studies.
The constitution, powers and functions of the Boards of
Studies shall be prescribed by the Statutes.
Members of the Boards of Studies shall hold office for a
period of two years from the date of their entering upon
office.
31. Students’ Council-
(1)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
There shall be a Students’ Council in the University.
The Students’ Council shall consist of the following
members, namely:-
ex-officio members
a senior member from among the teachers nominated by
the Vice-Chancellor, who shall be the Chairman of the
Council;
the Chairman of the University Union;
the General Secretary of the University Union;
the Director, National Cadet Corps;
the officer-in-charge of the National Service Scheme in
the University;
the Director of Physical Education of the University;
the Director of Youth Affairs of the University who shall
be the Vice-Chairman of the Council;
55
Kannur University Act 1996
Elected members
(a)
(b)
(c)
(d)
(e)
seven members, not being members of the Senate or the
Academic Council, elected by the members of the General
Council of the University Union from among themselves,
of whom two shall be women and one shall be a member
of a Scheduled Caste or a Scheduled Tribe.
two members elected from among the full-time students
of the campuses or departments of the University in such
manner as may be prescribed by Statutes;
two members, other than students, elected by the members
of the Senate from among themselves;
one member elected by the members of the Syndicate from
among themselves; and
one member elected by the members of the Academic
Council from among themselves;
Other members
Five students who have distinguished themselves in 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
consultation with the Chairman of the University Union,
from among the elected student members of the Council,
shall be the Secretary to the Council.
56
(4)
Kannur University Act 1996
The members of the Students’ Council, other than ex-officio
members, shall hold office for a term of one year from the
date of their nomination or election, as the case may be.
32. Powers and duties of Students’ Council
(1)
(a)
(b)
(c)
Subject to the provisions of this Act and the Statutes, the
Students: Council shall have the following powers, duties
and functions, namely:-
to make recommendations to the Syndicate and to the
Academic Council in matters affecting the academic work
of students, such as the structure of courses and pattern of
instruction, the corporate life of the University in so far as
it concerns students and the co-curricular and extra-
curricular activities in the University.
to make suggestions to the Syndicate and the academic
Council in respect of all rules relating to discipline and
welfare of students, sports, working of literary and other
societies, management of hostels, students’ homes and non-
resident student centers, extension work, social work,
student’s health, National Service Scheme and National
Cadet Corps and such other matters as may be specified in
the Statutes;
to communicate its views, observations and
recommendations to any authority of the University in
respect of any matter which concerns the students:
Provided that if any question arises 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;
57
Kannur University Act 1996
(d) to take such steps as are necessary for the general welfare
(e)
of students; and
to exercise such other powers and perform such other duties
and functions as may be conferred or imposed on it by this
Act or the Statutes, Ordinances or Regulations.
(2) The Chairman of the Students’ Council shall cause to be
laid before the Syndicate and the Students’ Council, in such
manner as may be prescribed by the Statutes, periodical
reports detailing the recommendations 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
authorities to which such recommendations and suggestions
were made, the reason thereof.
33. Finance Committee
(1) There shall be a Finance Committee to give advice to the
(2)
University on any question affecting finances.
The Finance Committee shall consist of the following
members, namely:-
(a) the Vice-Chancellor, who shall be the Chairman;
(b) the Pro-Vice-Chancellor;
(c) one member elected by the members of the Senate
from among themselves;
(d) one member elected by the members of the Syndicate
from among themselves;
(e) one member elected by the members of Academic
Council from among themselves;
58
Kannur University Act 1996
(f) the Finance Secretary to government or an officer of
the Finance Department, not below the rank of Joint
secretary to Government, nominated by the
Government; and
(g) the Secretary to Government, Higher Education
Department or an officer of the Higher Education
Department, not below the rank of Joint Secretary to
Government, nominated by the Government.
(3) The Finance Officer of the University shall be the Secretary
of the Finance Committee.
(4) The powers and functions of the Finance Committee and
its procedure in financial matters, including the delegation
of its powers, shall be prescribed by the Statutes.
34. Planning Board
(1) There shall be a Planning Board which shall be the principal
planning body of the University to advise the Senate, the
Syndicate and the Academic Council on any matter which
the Board considers necessary for the fulfillment 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) the Pro-Vice-Chancellor;
(c) three teachers, one representing University teachers,
one representing government college teachers and one
representing private college teachers, nominated by
Syndicate.
(d) two experts in planning nominated by the Chancellor;
59
Kannur University Act 1996
(3)
(4)
(e) one member nominated by the University Grants
Commission;
(f) the Secretary to Government, Higher Education
Department;
(g) the member, State Planning Board, in charge of
Education;
(h) the Registrar of the University; and
(i) the Finance Officer of the University, who shall be
the Secretary of the Board.
The members referred to in clauses (c) and (d) of sub-
section (2) shall hold office for a period of four years from
the date of their nomination.
The powers and functions of the Planning Board shall be
prescribed by the Statutes.
35. Other Authorities of University :-
(1) The constitution, powers and duties of boards and other
bodies declared by the Statutes to be the authorities of the
University shall be prescribed by the Statutes.
36. Disqualification for membership.-
(1) No person shall be qualified for 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
(c) is an un discharged insolvent; or
(d) has been convicted by a court of law for an offence
involving moral delinquency;
60
(2)
Kannur University Act 1996
(e) has been debarred by any University from appearing
in examinations, for malpractices in connection with
any examination:
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:
Provided further that the disqualification of a person under
clause (e) shall cease on the expiry of the period for which
he has been debarred.
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.
61
(2)
K annur University Act I 996
(e) has been debarred by any University from appearing
in examinations, for malpractices in connection with
any examination:
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:
Provided fiirther that the disqualification of a person under
clause (e) shall cease on the expiry of the period for which
he has been debarred.
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.
61
Kannur UniversityAct 1996
Chapter V
STATUTES, ORDINANCES, REGULATIONS,
RULES AND BYE-LAWS
37. The Statutes.°- Subject to the provisions of this Act, the
Statutes may provide for all or any of the following matters,
namely:-
(a) the powers and duties of the officers of the University, not
specifically provided for in this Act,
(b) the constitution, powers and duties of the authorities of
the University, not specifically provided for in this Act,
(c) the procedure for election of members of Senate,( * ),
Academic Council and Other Authorities of the University
and such other matters relating to these bodies, as may be
necessary or desirable to provide;
( *) Omitted by the Kannur University (Amendment)
Act 2001 (Act 14 of 2001).
Come into force on 12/12/2001
(d) the procedure for selection and method of appointment,
conditions of service, powers and duties of teachers and
non-teaching staff of the University,
(e) the award of degrees, diplomas, titles, certificates and other
academic distinctions by the University,
(f) the withdrawal or cancellation of degrees, diplomas, titles,
certificates and other academic distinctions,
(g) the registration of graduates and the maintenance of the
register of registered graduates,
(h) the holding of convocations of confer degrees,
62
(i)
(j)
(k)
(1)
(p)
(q)
(r)
(S)
Kannur UniversityAct 1996
the conditions and procedure of affiliation of colleges;
the conferment of honorary degrees;
the maintenance of the accounts and the preparation and
passing of the annual budget of the University;
the procedure for disciplinary action against the employees
of the University and the manner of termination of service
of such employees;
the procedure for arbitration in case of disputes between
the University and its employees or between the University
and the students of the University;
the procedure for appeal the Syndicate by any employee or
student against the action of any officer or authority of the
University;
the constitution of grievance committee for the employees
and students and the terms of references to be made to it
by them;
the principles governing seniority of service of employees
of the University;
the participation of Students and Research scholars in the
affairs of the University.
the establishment and abolition of faculties; departments;
hostels;
the delegation of powers vested in the various authorities
and officers of the University;
the creation; composition and functions of any other body
which is considered necessary for improving the academic
life of the University;
63
Kannur University Act I 996
(U)
all other matters which by this Act are to be, or may be,
prescribed by Statutes.
38. Procedure for making Statutes:-
(1)
(2)
(3)
(4)
(5)
(6)
The *Syndicate may of its own motion take into
consideration the draft of a Statute:
>l‘Provided that in any such case, before a Statute is passed
the Syndicate shall obtain and consider the opinion of the
Academic Council, where necessary on academic matters.
*The Academic Council may propose to *the Syndicate
the draft of any Statute for consideration and such draft
shall be considered by *the Syndicate at its next meeting.
*The Syndicate may approve the draft of a Statute proposed
by the *the Academic Council and then pass the Statute or
may reject or return it to *the Academic Council for
reconsideration, either in whole or in part, together with
amendments which >“the Syndicate may suggest.
After any draft returned by *the Syndicate under sub-section
(3), has been further considered by *the Academic Council,
together with any amendment suggested by *the Syndicate,
it shall be again presented to, with the report of >“the
Academic Council thereon, and >“the Syndicate may then
deal with the draft in any manner it thinks fit.
Where any Statute has been passed by >"the Syndicate, it
shall be submitted to the Chancellor who may refer the
Statute back to *the Syndicate for further consideration or
assent thereto or withhold his assent.
No Statute passed by >“the Syndicate shall be valid or come
into force until assented to by the Chancellor.
64
(7)
(8)
39.
(1)
Kannur UniversityAct I996
>"the Academic Council 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
until such authority has been given an opportunity of
expressing an opinion upon the proposal; and any opinion
so expressed shall be in writing and shall be considered by
the *Syndicate.
No Statute providing for the conditions for or procedure
relating to, the affiliation of private colleges shall be passed
by >"the Syndicate without the previous approval of the
Government.
* Substituted by The Kannur University (Amendment)
Act 2001(Aet 14 0f2001)
Come into force on 12/12/2001
Ordinances.-
Subject to the provisions of this Act and the Statutes, the
Syndicate shall have power to make Ordinances providing
for all or any of the following matters, namely:-
(a) the levy of fees in colleges and other institutions by the
University,
(b) the residence and discipline of students,
(c) the work load and pattern of teaching staff in colleges,
(d) the fixation of the scale of pay of the various posts in
the University and the terms and conditions of service
of officers and employees of the University, and
(e) all other matters which by this Act or the Statutes are
to be, or may be, provided for by Ordinances.
65
Kannur University Act I 996
(2)
All Ordinances made under this Act shall have effect from
such date as the Syndicate may direct.
40. Procedure making Ordinance:-
(1)
(2)
(3)
(4)
(5)
The procedure to be followed in making, amending or
repealing Ordinances shall be prescribed by the Statutes.
Every Ordinance or amendment to an Ordinance including
repeal of an Ordinance which involves expenditure shall
be made only with the prior approval of the Government:
Provided that no prior approval of the Government shall
be necessary for incurring any such expenditure, if the
expenditure involved is not more than ten thousand rupees
in the aggregate in financial year.
No Ordinance or amendment to an Ordinance including
repeal of an Ordinance which involves expenditure shall
be valid or come in to force unless assented to by the
Chancellor.
(*)~
(**
( *), ( **) Omitted by the Kannur University
(Amendment) Act 2001 (Act 14 of 2001).
Come into force on 12/12/2001
41. Regulations - Subject to the provisions of this Act and the
Statutes and the Ordinances, the Academic Council may make
regulations providing for all or any of the following matters,
namely:-
(a)
(b)
the course of studies and the conduct of examinations;
the admission of students to the various courses of study
and to the examinations,
66
Kannur UniversityAct 1996
(c) the qualifications of teachers;
(d) the appointment and prescription of duties of the Boards
of Studies and examiners;
(e) recognition of examinations; degrees and diplomas of other
Universities as equivalent to the examinations, degree and
diplomas of the University; and
(f) all other matters which under the provisions of this Act
and the Statues and the Ordinances are to be; or may be;
prescribed by Regulations.
42. Procedure for making Regulations :-
*(1) All regulations 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 Syndicate
during its next succeeding meeting:
Provided that no such Regulation or repeal of a Regulation
which involves expenditure shall be made by the Academic
Council without the prior approval of the Government.
*(2) If any Regulation or repeal of a Regulation is not laid before
the Syndicate as required by sub-section (1) the Regulation
shall lapse; or as the case may be; the Regulation repealed
shall revive after the next succeeding meeting of the
Syndicate
*Substituted by Kannur University (Amendment)
Act 2001 (Act 14 of 2001).
Come into force on 12/12/2001
43. Rules, bye-laws and orders :-
(l) the Syndicate shall have power to make rules; bye-laws
and orders not inconsistent with the provisions of this Act
67
Kannur University Act I 996
and the Statutes, the Ordinances and the Regulations, for
the guidance and the working of boards, committees and
other bodies constituted under the provisions of this Act or
the Statutes or the Ordinances or the Regulations and for
regulating the procedure and conduct of business at
meetings of any authority of the University, other than the
Senate.
>“Provided that such Rules, Bye-laws or Orders which
involve expenditure shall be made only with the prior
approval of the Government.
* Inserted by the Kannur University (Amendment)
Act 2001 (Act 14 0f2001)
Come into force on 12/12/2001
(2) All such rules, bye-laws and orders shall have effect from
such date as the Syndicate may direct. (*)
(3) ( ** )
( *) ,( **) Omitted by The Kannur University (Amendment)
ACT2001(Act 14 of 2001).
Come into force on 12/12/2001
44. Publication in the Gazette:- All Statutes, Ordinances and
Regulations made under this Act shall be published by the
University in the Gazette.
68
Kannur UniversityAct 1996
Chapter VI
ELECTION TO THE SENATE, (*) AND OTHER
BODIES OF THE UNIVERSITY, FILLING UP OF
VACANCIES AND RESIGNATION. REMOVAL, ETC.,
OF MEMBERS OF AUTHORITIES AND BODIES
( *)0mitted by Kannur University (Amendment) Act 2001
(Act 14 of 2001).
Come into force on 12/12/2001
45. Election of members to the Senate,( * ) and other bodies
of the University-The. election of members to the Senate, ( * )
and other bodies of the University shall be held in accordance
with the system of proportional representation by means of single
transferable vote and in accordance with the procedure
prescribed by the Statutes, and the voting at such election shall
be by secret ballot.
( *) Omitted by Kannur University (Amendment) Act 2001
(Act 14 of2001)
Come into force on 12/12/2001
46. Filling up of vacancies.-
(1) All vacancies among the members (other than eX-ofiicio
members) of any authority or body of the University by
reason of death, resignation or otherwise shall be filled,
within a period not exceeding six months, by the person or
authority 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
69
Kannur University Act I 996
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.
47. Resignation or removal of members of authority or body.-
(1) Any member of any authority or body of the University
may resign his office, by letter addressed to the Registrar,
and the resignation shall take effect on the date of receipt
of such letter by the Registrar.
(2) >"T he Vice-Chancellor 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 of any offence involving moral delinquency
or punished by the University for malpractice connected
with any University examination from the register of
registered graduates or remove any such person from
membership of any authority of body of the University.
(**)
* Substituted by The Kannur University (Amendment)
Act 2001(Act 14 0f2001.
(**)0mitted by The Kannur University (Amendment)
Act 2001 (Act 14 0f2001).
Come into force on 12/12/2001
(3) The Vice-Chancellor may, on the recommendation of the
Syndicate * also remove any person from the membership
of any authority or body of the University if he becomes of
unsound mind or a deaf-mute or has applied to be
adjudicated or has been adjudicated an insolvent.
70
K annur University Act I 996
*(Substituted by Kannur University (Amendment)
Act 2001 (Act 14 0f2001)
Come into force on 12/12/2001
(4) If an elected member of any authority or body of the
University fails to attend three consecutive meetings of that
authority or body, he shall cease to be a member of such
authority or body, and thereupon the Registrar shall intimate
him that he has ceased to be such member:
Provided that such authority 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.
71
Kannur University Act I 996
48.
(1)
(2)
(3)
(4)
ChamerVH
FINANCE
University Fund.
All grants and loans received from the 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 profit derived from the properties and fimds vested in
the University, all endowments and donations received from
any source whatsoever, all other miscellaneous receipts of
the University and all deposits, remittances, and service
funds, received in connection with the affairs of the
University shall form one consolidated fund styled “Kannur
University Fund” and shall be employed for the purposes
and in the manner laid down in this Act and the Statues,
Ordinances, rules, by-laws or orders made thereunder:
Provided that separate accounts shall be maintained for
specific purposes.
All monies in the Kannur 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 limits as may be fixed by the Government.
The University may invest such part of the monies in the
Kannur University Fund as it may deem fit, in the
Government securities or securities guaranteed by the
Government of India.
The custody of the Kannur University Fund, the payment
of monies therein, the withdrawal of monies therefrom and
72
K annur University Act I 996
all other ancillary matters shall be regulated by the Statutes,
Ordinances, rules or bye-laws made in that behalf.
49. Grants from Government.-
(1) The University shall receive as grants for its maintenance
such sums, subject to such conditions, as may be fixed by
the Government, from time to time.
(2) The Government may pay to the University such other
grants subject to such terms and conditions as they think
fit, for specific purposes.
50. Corpus Fund- University may institute a Corpus Fund to
meet the shortage of find and the same may be utilized in the
manner as specified by the Statutes.
51. Annual estimate of income and expenditure: -
(l) The Syndicate shall prepare the financial estimate of the
income and expenditure of the University for the ensuing
year before such date as may be prescribed by the Statutes
and forward the same together with a memorandum
containing explanatory note thereon to *the Chancellor for
consideration.
*(2) The Chancellor shall consider the financial estimates and
shall approve it either without alteration or with such
alteration as he may deem fit.
*Substl'tuted by The Kannur University (Amendment)
Act 2001 (Act 14 0f2001).
Come into force on 12/12/2001
52. Restriction on diversions of funds- the University shall
not-
(a) Without the prior approval of the Government,
73
Kannur University Act I 996
(i)
divert funds earmarked for a purpose for any other purposes;
or
(ii) implement any scheme which involves any matching
(b)
contribution from the government; or
implement any scheme which imposes a recurring liability
on the Government after the assistance from the sponsoring
authority ceases.
53. Annual accounts:-
(1)
(2)
(3)
The annual accounts of the University shall be prepared
under the directions of the Syndicate and shall be submitted
to the Government for audit.
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 Government and the Chancellor.
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
Syndicate which shall take action in accordance therewith.
54. Annual report :-
(1)
(2)
(3)
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.
The Senate shall pass a resolution on the annual report and
communicate the resolution to the Syndicate.
The Syndicate shall inform the Senate of the action taken
by it on the resolution passed by the Senate under sub-
74
K annur University Act I 996
section (2) and shall submit a copy of the annual report
together with a copy of the resolution of the Senate under
sub-section (2) to the Government and the Chancellor.
(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.
55. Audit of accounts of the University- The accounts of the
University shall be audited in the manner provided in the Kerala
Local Fund Audit Act, 1994 (14 of 1994) .
75
Kannur UniversityAct 1996
Chapter VI ||
PRIVATE COLLEGES AND
AFFILIATION OF COLLEGES
56. Definitions.— In this Chapter,-
(a) “corporate management” means an educational agency which
manages more than one private college; and
(b) “unitary management” means an educational agency which
manages one private college.
57. Governing body for private college under unitary
management.-
(1) A unitary management shall constitute, in 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 principal of the private college,
(c) a person nominated by the University in accordance
with the provisions in that behalf contained in the
Statutes,
(d) a person nominated by the Government,
(e) two persons elected in accordance with such procedure
as may be prescribed by the Statutes, by the permanent
teachers of the private college from among themselves,
(f) the chairman of the College Union,
(g) a person elected in accordance with such procedure
as may be prescribed by the Statutes, by the permanent
76
(2)
(3)
(4)
K annur University Act I 996
members of the non-teaching staff of the private
college from among themselves; and
(h) not more than six persons nominated by the unitary
management.
The manager of a private college under unitary management
shall be the Chairman and the Principal shall be Secretary
of the Governing body for that private college.
It shall be the duty of the Governing body to advise the
unitary management in all matters relating to administration
of the private college in accordance with the provisions of
its Act and Ordinances, Statutes, Regulations, rules, buy-
laws and orders made thereunder.
The decisions of the Governing body shall be taken at
meetings on the basis of simple majority of the members
present and voting.
58. Managing council for private college under corporate
(1)
management.-
A corporate management shall constitute a managing
council for all the private colleges under its management,
consisting 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 the provisions in that behalf contained in the
Statutes,
(d) a person nominated by the Government,
77
Kannur University Act I 996
(2)
(3)
(4)
(e) five persons elected in accordance with such procedure
as may be prescribed by the Statutes, by the permanent
teachers of all the private colleges, from among
themselves;
(f) a person elected by the Chairman of the College
Unions of all the private colleges, from among
themselves,
(g) one person elected in accordance with such procedure
as may be prescribed by the Statutes, by the permanent
members of the non-teaching staff of all the private
colleges from among themselves, and
(h) not more than fifteen persons nominated by the
corporate management.
The manager of the private colleges shall be the Chairman
of the managing council.
It shall be the duty of the managing council to advise the
corporate management in all matters relating to the
administration of the private colleges in accordance with
the provisions of this Act and the Statutes, Ordinances,
Regulations, rules, bye-laws and orders made thereunder.
The decisions of the managing council shall be taken at
meetings on the basis of simple majority of the members
present and voting.
59. Manager.-
(1)
A unitary management or corporate management shall
appoint a manager for the private college or for all the
private colleges, as the case may be, under its management
within the University area.
78
(2)
(3)
(4)
(5)
(6)
(7)
K annur University Act I 996
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.
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.
The manager shall exercise such powers and discharge such
duties as may be delegated to him by the unitary
management or the corporate management, as the case may
be.
The manager shall furnish to the Director of Collegiate
Education audited accounts of the grants given by the
Government to the 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.
Suits by or against a private college shall be instituted by
or against the manager thereof.
If the manager of a private college is guilty of
mismanagement, malpractice, corruption, maladminis-
tration, 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 Vice-Chancellor may, after giving the manager a
reasonable opportunity to show cause against the action
propose to be taken against him and after due enquiry,
declare him unfit to hold the office of manager and require
the unitary management or the corporate management, as
the case may be, to appoint a suitable person as manager.
79
Kannur University Act I 996
(8) Failure on the part of the manager to fiirnish 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 shall 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 unitary
management or the corporate management, as the case may
be.
60. Acts or proceedings of governing both or managing
council not to be invalidated. - No act or proceeding of a
governing body or managing council shall be invalidated merely
by reason of-
(a) any vacancy in, or any defect in 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 managing council; or
(c) any irregularity in the procedure of the governing body or
managing council, not affecting the merits of the case.
61. Affiliation of colleges.-
(1) An application for affiliation to the University of any
college or for affiliation in new courses in any affiliated
college shall be sent by the educational agency to the
Registrar within such time and in such manner as may be
prescribed by the Statutes.
(2) The terms and conditions of affiliation of a college or of
affiliation in new courses in an affiliated college and the
80
Kannur University Act 1996
37.
Chapter V
STATUTES, ORDINANCES, REGULATIONS,
RULES AND BYE-LAWS
The Statutes:- Subject to the provisions of this Act, the
Statutes may provide for all or any of the following matters,
namely:-
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
the powers and duties of the officers of the University, not
specifically provided for in this Act;
the constitution, powers and duties of the authorities of
the University, not specifically provided for in this Act;
the procedure for election of members of Senate,( * ),
Academic Council and Other Authorities of the University
and such other matters relating to these bodies, as may be
necessary or desirable to provide;
( *) Omitted by the Kannur University (Amendment)
Act 2001 (Act 14 of 2001).
Come into force on 12/12/2001
the procedure for selection and method of appointment,
conditions of service, powers and duties of teachers and
non-teaching staff of the University;
the award of degrees, diplomas, titles, certificates and other
academic distinctions by the University;
the withdrawal or cancellation of degrees, diplomas, titles,
certificates and other academic distinctions;
the registration of graduates and the maintenance of the
register of registered graduates;
the holding of convocations of confer degrees;
62
(i)
(j)
(k)
(1)
(n)
(0)
(p)
(q)
(1)
(s)
(t)
Kannur University Act 1996
the conditions and procedure of affiliation of colleges;
the conferment of honorary degrees;
the maintenance of the accounts and the preparation and
passing of the annual budget of the University;
the procedure for disciplinary action against the employees
of the University and the manner of termination of service
of such employees;
the procedure for arbitration in case of disputes between
the University and its employees or between the University
and the students of the University;
the procedure for appeal the Syndicate by any employee or
student against the action of any officer or authority of the
University;
the constitution of grievance committee for the employees
and students and the terms of references to be made to it
by them;
the principles governing seniority of service of employees
of the University;
the participation of Students and Research scholars in the
affairs of the University.
the establishment and abolition of faculties, departments,
hostels;
the delegation of powers vested in the various authorities
and officers of the University;
the creation, composition and functions of any other body
which is considered necessary for improving the academic
life of the University;
63
Kannur University Act 1996
(u)
all other matters which by this Act are to be, or may be,
prescribed by Statutes.
38. Procedure for making Statutes:-
(1)
(2)
(3)
(4)
(5)
(6)
The *Syndicate may of its own motion take into
consideration the draft of a Statute:
*Provided that in any such case, before a Statute is passed
the Syndicate shall obtain and consider the opinion of the
Academic Council, where necessary on academic matters.
*The Academic Council may propose to *the Syndicate
the draft of any Statute for consideration and such draft
shall be considered by *the Syndicate at its next meeting.
*The Syndicate may approve the draft of'a Statute proposed
by the *the Academic Council and then pass the Statute or
may reject or return it to *the Academic Council for
reconsideration, either in whole or in part, together with
amendments which *the Syndicate may suggest.
After any draft returned by *the Syndicate under sub-section
(3), has been further considered by *the Academic Council,
together with any amendment suggested by *the Syndicate,
it shall be again presented to, with the report of *the
Academic Council thereon, and *the Syndicate may then
deal with the draft in any manner it thinks fit.
Where any Statute has been passed by *the Syndicate, it
shall be submitted to the Chancellor who may refer the
Statute back to *the Syndicate for further consideration or
assent thereto or withhold his assent.
No Statute passed by *the Syndicate shall be valid or come
into force until assented to by the Chancellor.
64
(7)
(8)
39.
(1)
Kannur University Act 1996
*the Academic Council shall not propose the draft of a
Statute or ofan amendment to a Statute affecting the status,
powers or constitution of any authority of the University
until such authority has been given an opportunity of
expressing an opinion upon the proposal; and any opinion
so expressed shall be in writing and shall be considered by
the *Syndicate.
No Statute providing for the conditions for or procedure
relating to, the affiliation of private colleges shall be passed
by *the Syndicate without the previous approval of the
Government.
* Substituted by The Kannur University (Amendment)
Act 2001(Act 14 of 2001)
Come into force on 12/12/2001
Ordinances.-
Subject to the provisions of this Act and the Statutes, the
Syndicate shall have power to make Ordinances providing
for all or any of the following matters, namely:-
(a) the levy of fees in colleges and other institutions by the
University;
(b) the residence and discipline of students;
(c) the work load and pattern of teaching staff in colleges;
(d) the fixation of the scale of pay of the various posts in
the University and the terms and conditions of service
of officers and employees of the University; and
(e) all other matters which by this Act or the Statutes are
to be, or may be, provided for by Ordinances.
65
Kannur University Act 1996
(2)
All Ordinances made under this Act shall have effect from
such date as the Syndicate may direct.
40. Procedure making Ordinance:-
(1)
(2)
(3)
(4)
(5)
The procedure to be followed in making, amending or
repealing Ordinances shall be prescribed by the Statutes.
Every Ordinance or amendment to an Ordinance including
repeal of an Ordinance which involves expenditure shall
be made only with the prior approval of the Government:
Provided that no prior approval of the Government shall
be necessary for incurring any such expenditure, if the
expenditure involved is not more than ten thousand rupees
in the aggregate in financial year.
No Ordinance or amendment to an Ordinance including
repeal of an Ordinance which involves expenditure shall
be valid or come in to force unless assented to by the
Chancellor.
(*).
(**)
(*), (**) Omitted by the Kannur University
(Amendment) Act 2001 (Act 14 of 2001).
Come into force on 12/12/2001
41. Regulations - Subject to the provisions of this Act and the
Statutes and the Ordinances, the Academic Council may make
regulations providing for all or any of the following matters,
namely:-
(a)
(b)
the course of studies and the conduct of examinations;
the admission of students to the various courses of study
and to the examinations;
66
(c)
(d)
(e)
(f)
42.
Kannur University Act 1996
the qualifications of teachers;
the appointment and prescription of duties of the Boards
of Studies and examiners;
recognition of examinations, degrees and diplomas of other
Universities as equivalent to the examinations, degree and
diplomas of the University; and
all other matters which under the provisions of this Act
and the Statues and the Ordinances are to be, or may be,
prescribed by Regulations.
Procedure for making Regulations :-
*(1) All regulations 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 Syndicate
during its next succeeding meeting:
Provided that no such Regulation or repeal of a Regulation
which involves expenditure shall be made by the Academic
Council without the prior approval of the Government.
*(2) Ifany Regulation or repeal of a Regulation is not laid before
the Syndicate as required by sub-section (1) the Regulation
shall lapse, or as the case may be, the Regulation repealed
shall revive after the next succeeding meeting of the
Syndicate.
*Substituted by Kannur University (Amendment)
Act 2001 (Act 14 of 2001).
Come into force on 12/12/2001
43. Rules, bye-laws and orders :-
(1) the Syndicate shall have power to make rules, bye-laws
and orders not inconsistent with the provisions of this Act
67
Kannur University Act 1996
(2)
(3)
and the Statutes, the Ordinances and the Regulations, for
the guidance and the working of boards, committees and
other bodies constituted under the provisions of this Act or
the Statutes or the Ordinances or the Regulations and for
regulating the procedure and conduct of business at
meetings of any authority of the University, other than the
Senate.
*Provided that such Rules, Bye-laws or Orders which
involve expenditure shall be made only with the prior
approval of the Government.
* Inserted by the Kannur University (Amendment)
Act 2001 (Act 14 of 2001)
Come into force on 12/12/2001
All such rules, bye-laws and orders shall have effect from
such date as the Syndicate may direct. (*)
(**)
(*),(**) Omitted by The Kannur University (Amendment)
ACT 2001(Act 14 of 2001).
Come into force on 12/12/2001
44. Publication in the Gazette:- All Statutes, Ordinances and
Regulations made under this Act shall be published by the
University in the Gazette.
68
Kannur University Act 1996
Chapter VI
ELECTION TO THE SENATE, (*) AND OTHER
BODIES OF THE UNIVERSITY, FILLING UP OF
VACANCIES AND RESIGNATION. REMOVAL, ETC.,
OF MEMBERS OF AUTHORITIES AND BODIES
( *)Omitted by Kannur University (Amendment) Act 2001
(Act 14 of 2001).
Come into force on 12/12/2001
45. Election of members to the Senate,(* ) and other bodies
of the University.-The. election of members to the Senate, (* )
and other bodies of the University shall be held in accordance
with the system of proportional representation by means of single
transferable vote and in accordance with the procedure
prescribed by the Statutes, and the voting at such election shall
be by secret ballot.
( *) Omitted by Kannur University (Amendment) Act 2001
(Act 14 of 2001)
Come into force on 12/12/2001
46. Filling up of vacancies.-
(1) All vacancies among the members (other than ex-officio
members) of any authority or body of the University by
reason of death, resignation or otherwise shall be filled,
within a period not exceeding six months, by the person or
authority 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
69
Kannur University Act 1996
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.
47. Resignation or removal of members of authority or body.-
(1) Any member of any authority or body of the University
may resign his office, by letter addressed to the Registrar,
and the resignation shall take effect on the date of receipt
of such letter by the Registrar.
(2) *The Vice-Chancellor may, on the recommendation of not
(3)
less than two thirds of the number of members of the
Syndicate, remove the name of any person convicted by a
court of law of any offence involving moral delinquency
or punished by the University for malpractice connected
with any University examination from the register of
registered graduates or remove any such person from
membership of any authority of body of the University.
(**)
* Substituted by The Kannur University (Amendment)
Act 2001 (Act 14 of 2001.
(**)Omitted by The Kannur University (Amendment)
Act 2001 (Act 14 of 2001).
Come into force on 12/12/2001
The Vice-Chancellor may, on the recommendation of the
Syndicate * also remove any person from the membership
of any authority or body of the University if he becomes of
unsound mind or a deaf-mute or has applied to be
adjudicated or has been adjudicated an insolvent.
70
Kannur University Act 1996
48.
(1)
(2)
(3)
(4)
Chapter VII
FINANCE
University Fund.
All grants and loans received from the 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 profit derived from the properties and funds vested in
the University, all endowments and donations received from
any source whatsoever, all other miscellaneous receipts of
the University and all deposits, remittances, and service
funds, received in connection with the affairs of the
University shall form one consolidated fund styled “Kannur
University Fund” and shall be employed for the purposes
and in the manner laid down in this Act and the Statues,
Ordinances, rules, by-laws or orders made thereunder:
Provided that separate accounts shall be maintained for
specific purposes.
All monies in the Kannur 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 limits as may be fixed by the Government.
The University may invest such part of the monies in the
Kannur University Fund as it may deem fit, in the
Government securities or securities guaranteed by the
Government of India.
The custody of the Kannur University Fund, the payment
of monies therein, the withdrawal of monies therefrom and
72
Kannur University Act 1996
all other ancillary matters shall be regulated by the Statutes,
Ordinances, rules or bye-laws made in that behalf:
49. Grants from Government.-
(1) The University shall receive as grants for its maintenance
such sums, subject to such conditions, as may be fixed by
the Government, from time to time.
(2) The Government may pay to the University such other
grants subject to such terms and conditions as they think
fit, for specific purposes.
50. Corpus Fund.- University may institute a Corpus Fund to
meet the shortage of fund and the same may be utilized in the
manner as specified by the Statutes.
51. Annual estimate of income and expenditure: -
(1) The Syndicate shall prepare the financial estimate of the
income and expenditure of the University for the ensuing
year before such date as may be prescribed by the Statutes
and forward the same together with a memorandum
containing explanatory note thereon to *the Chancellor for
consideration.
*(2) The Chancellor shall consider the financial estimates and
shall approve it either without alteration or with such
alteration as he may deem fit.
*Substituted by The Kannur University (Amendment)
Act 2001 (Act 14 of 2001).
Come into force on 12/12/2001
52. Restriction on diversions of funds- the University shall
not-
(a) without the prior approval of the Government,
73
Kannur University Act 1996
(i)
(it)
(b)
divert funds earmarked for a purpose for any other purposes;
or
implement any scheme which involves any matching
contribution from the government; or
implement any scheme which imposes a recurring liability
on the Government after the assistance from the sponsoring
authority ceases.
53. Annual accounts:-
(1)
(2)
(3)
The annual accounts of the University shall be prepared
under the directions of the Syndicate and shall be submitted
to the Government for audit.
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 Government and the Chancellor.
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
Syndicate which shall take action in accordance therewith.
54, Annual report :-
(1)
(2)
(3)
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.
The Senate shall pass a resolution on the annual report and
communicate the resolution to the Syndicate.
The Syndicate shall inform the Senate of the action taken
by it on the resolution passed by the Senate under sub-
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Kannur University Act 1996
Chapter VIII
PRIVATE COLLEGES AND
AFFILIATION OF COLLEGES
56. Definitions.- In this Chapter,-
(a) “corporate management” means an educational agency which
manages more than one private college; and
(b) “unitary management” means an educational agency which
manages one private college.
57. Governing body for private college under unitary
management.-
(1) A unitary management shall constitute, in accordance with
the provisions of the Statutes, a governing body consisting
of the following members, namely:-
(a)
(b)
(c)
(d)
(e)
(f)
(g)
the manager of the private college;
the principal of the private college;
a person nominated by the University in accordance
with the provisions in that behalf contained in the
Statutes;
a person nominated by the Government,
two persons elected in accordance with such procedure
as may be prescribed by the Statutes, by the permanent
teachers of the private college from among themselves;
the chairman of the College Union;
a person elected in accordance with such procedure
as may be prescribed by the Statutes, by the permanent
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(3)
(4)
Kannur University Act 1996
members of the non-teaching staff of the private
college from among themselves; and
(h) not more than six persons nominated by the unitary
management.
The manager of a private college under unitary management
shall be the Chairman and the Principal shall be Secretary
of the Governing body for that private college.
It shall be the duty of the Governing body to advise the
unitary management in all matters relating to administration
of the private college in accordance with the provisions of
its Act and Ordinances, Statutes, Regulations, rules, buy-
laws and orders made thereunder.
The decisions of the Governing body shall be taken at
meetings on the basis of simple majority of the members
present and voting.
58. Managing council for private college under corporate
(1)
management.-
A corporate management shall constitute a managing
council for all the private colleges under its management,
consisting 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 the provisions in that behalf contained in the
Statutes;
(d) a person nominated by the Government;
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Kannur University Act 1996
(2)
(3)
(4)
(e) five persons elected in accordance with such procedure
as may be prescribed by the Statutes, by the permanent
teachers of all the private colleges, from among
themselves;
(f) a person elected by the Chairman of the College
Unions of all the private colleges, from among
themselves;
(g) one person elected in accordance with such procedure
as may be prescribed by the Statutes, by the permanent
members of the non-teaching staff of all the private
colleges from among themselves; and
(h) not more than fifteen persons nominated by the
corporate management.
The manager of the private colleges shall be the Chairman
of the managing council.
It shall be the duty of the managing council to advise the
corporate management in all matters relating to the
administration of the private colleges in accordance with
the provisions of this Act and the Statutes, Ordinances,
Regulations, rules, bye-laws and orders made thereunder.
The decisions of the managing council shall be taken at
meetings on the basis of simple majority of the members
present and voting.
59. Manager.-
(1) A unitary management or corporate management shall
appoint a manager for the private college or for all the
private colleges, as the case may be, under its management
within the University area.
78
(2)
(3)
(4)
(5)
(6)
(7)
Kannur University Act 1996
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.
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.
The manager shall exercise such powers and discharge such
duties as may be delegated to him by the unitary
management or the corporate management, as the case may
be.
The manager shall furnish to the Director of Collegiate
Education audited accounts of the grants given by the
Government to the 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.
Suits by or against a private college shall be instituted by
or against the manager thereof.
If the manager of a private college is guilty of
mismanagement, malpractice, corruption, maladminis-
tration, 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 Vice-Chancellor may, after giving the manager a
reasonable opportunity to show cause against the action
propose to be taken against him and after due enquiry,
declare him unfit to hold the office of manager and require
the unitary management or the corporate management, as
the case may be, to appoint a suitable person as manager.
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Kannur University Act 1996
(8)
(9)
60.
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 shall be sufficient cause for taking steps for the
withdrawal of the grant to the private college or private
colleges, as the case may be.
Failure on the part of the manager of the unitary
management or the corporate management, as the case may
be.
Acts or proceedings of governing both or managing
council not to be invalidated. - No act or proceeding of a
governing body or managing council shall be invalidated merely
by reason of-
(a)
(b)
(c)
any vacancy in, or any defect in the constitution of, the
governing body or managing council; or
any defect in the appointment of a person acting as a
member of the governing body or managing council; or
any irregularity in the procedure of the governing body or
managing council, not affecting the merits of the case.
61. Affiliation of colleges.-
(1)
(2)
An application for affiliation to the University of any
college or for affiliation in new courses in any affiliated
college shall be sent by the educational agency to the
Registrar within such time and in such manner as may be
prescribed by the Statutes.
The terms and conditions of affiliation of a college or of
affiliation in new courses in an affiliated college and the
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(3)
Kannur University Act 1996
procedure to be followed by the Syndicate in granting such
affiliation, including the period within which the Syndicate
shall consider an application under sub-section (1), shall
be prescribed by the Statutes:
Provided that the Chancellor may, by notification in the
Gazette, for reasons to be specified in the notification,
extent the period within which the Syndicate shall consider
any application under sub-section (1), whether such period
has already expired or not, by such further period, not
exceeding one year, as may be specified in the notification.
Without prejudice to the generality of the provisions of
sub-section (2), the Statutes may provide for the pattern of
staff of private colleges, scales of pay and terms and
conditions of service of members of such staff and
admission and selection of students in private colleges for
courses and examinations.
62. Appointment of teachers in private colleges.-
*(1) Appointments to the posts eligible to receive salary from
the Government shall be made only against posts sanctioned
by the Government or by such officers as may be authorized
by the Government.
* Inserted by The University Laws (Amendment) ACT, 2005
(Act 2 of 2005)
Deemed to have come into force on 06/01/2005
*(1A) Appointment to the lowest grade of teacher in each
department of a private college shall be made by the
educational agency by direct recruitment on the basis of
merit.
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Kannur UniversityAct I996
procedure to be followed by the Syndicate in granting such
affiliation, including the period within which the Syndicate
shall consider an application under sub-section (1), shall
be prescribed by the Statutes:
Provided that the Chancellor may, by notification in the
Gazette, for reasons to be specified in the notification,
extent the period within which the Syndicate shall consider
any application under sub-section (1), whether such period
has already expired or not, by such further period, not
exceeding one year, as may be specified in the notification.
Without prejudice to the generality of the provisions of
sub-section (2), the Statutes may provide for the pattern of
staff of private colleges, scales of pay and terms and
conditions of service of members of such staff and
admission and selection of students in private colleges for
courses and examinations.
62. Appointment of teachers in private colleges.-
>“(1) Appointments to the posts eligible to receive salary from
the Government shall be made only against posts sanctioned
by the Government or by such officers as may be authorized
by the Government.
* Inserted by The University Laws (Amendment) AC T, 2005
(Act 2 of 2005 )
Deemed to have come into force on 06/01/2005
*(lA) Appointment to the lowest grade of teacher in each
department of a private college shall be made by the
educational agency by direct recruitment on the basis of
merit
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Kannur University Act I 996
(2)
(3)
(4)
(5)
(6)
(7)
* Substituted by The University Laws (Amendment)
Act,2005 (Act 2 0f2005)
Deemed to have come into force on 06/01/2005
Appointments of principals of private colleges shall be
made by the educational agency by promotion from among
the teachers of the college or of all the colleges, as the case
may be, or by direct recruitment.
Where the appointment of principal is made by promotion,
the educational agency shall make the appointment on the
basis of seniority-cum-fitness.
Appointment to the posts, other than those referred to in
*sub-section (1A) and (2), shall be made by the educational
agency by promotion from among the teachers of the private
college or of all the private colleges, as the case may be,
on the basis of seniority-cum-fitness, or, if none among
them is fit for promotion, by direct recruitment.
*Substituted by the University Laws (Amendment)
Act 2005 {/1th 0f2005)
Deemed to have come into force on 06/01/2005
For making appointment under this section by direct
recruitment, the post shall be advertised in such manner as
may be prescribed by the Statutes.
The educational agency shall not abolish a course of study
in a private college Without the prior approval of the
University.
Every appointment under this section shall be made by a
written order of the manager in such form as may be
82
(8)
(9)
63.
(1)
(2)
K annur University Act I 996
prescribed by the Statutes, communicated to the person to
be appointed, with copy to the University.
No appointment under this section shall be valid unless
approved by the University.
Any person aggrieved by any appointment under this
section may appeal to the Appellate Tribunal.
Qualifications of teachers of private colleges. —
Teachers of private colleges shall possess such
qualifications as may be prescribed by the Regulations.
Notwithstanding anything contained in any law or in any
judgment, decree or order of any court or other authority,
any decision or order exempting any teacher of a private
college from possessing the prescribed qualifications or
approving the appointment of any teacher of a private
college who did not possess the prescribed qualification
or allowing any teacher of a private college who did not
possess the prescribed qualifications to continue in service,
made or deemed to have been made before the
commencement of this Act shall be deemed to have been
made by the authority competent to make such decision or
order was made, and accordingly all such decisions and
orders shall be and shall be deemed always to have been,
valid and in accordance with law.
64. Probation -
(1)
Teachers of private colleges shall be on probation for a
period of one year within a period of two years:
Provided that, in exceptional cases, for reasons to be
recorded, the period of probation may be extended by a
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Kannur University Act I 996
(2)
(3)
(4)
(5)
(6)
period not exceeding one year, subject to the prior approval
of the Syndicate.
Explanation - 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.
Notwithstanding anything contained in any contract or other
document, any teacher of a private college working in a
substantive vacancy at or after the commencement of this
Act shall be deemed to be on probation for the purposes of
sub-section (1).
The educational agency may, at any time before the
prescribed period of probation, terminate the probation of
the probationer for want of vacancy and discharge him from
service if he was appointed by direct recruitment or revert
him to his original appointment if the appointment to the
new post was by transfer or by promotion.
Any probationer discharged or reverted under sub-section
(3) shall be given preference in the matter of future
appointment to the same post.
On satisfactory completion of probation, the educational
agency shall confirm the teacher in the post and, if the
vacancy is not a substantive vacancy, the teacher shall be
allowed to continue in the post for the duration of the
vacancy.
If, on the expiry of the prescribed period of probation, the
educational agency decides that the teacher is not suitable
for continuance in the post to which he was appointed, it
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(8)
Kannur UniversityAct 1996
shall discharge him from service or revert him to his original
appointment, as the case may be, after giving him a
reasonable opportunity of showing cause against the action
proposed to be taken in regard to him.
Where the post held by the probationer is 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 in
that post.
A probationer who is discharged or reverted under sub-
section (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 against the
order of discharge or reversion to the Appellate Tribunal,
and the provision of section 66 shall mutatis-mutandis apply
to such appeals.
65. Conditions of service of teachers of private colleges -
(1)
(2)
Notwithstanding anything contained in any law or in any
contract or other document, the conditions of service of
teachers of private colleges, whether appointed before or
after the commencement of this Act, including conditions
relating to pay, pension, provident fiind, gratuity, insurance
and age of retirement, shall be such as may be prescribed
by the Statutes.
Notwithstanding anything contained in this Act or the
Statutes, Ordinances and Regulations made thereunder,-
(a) a person appointed as teacher in a private college in a
temporary vacancy and continuing as such shall be
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Kannur University Act I 996
(b)
(C)
appointed as teacher in any permanent vacancy or any
temporary vacancy of longer duration that may arise,
after such appointment in the temporary vacancy, 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:
a teacher relieved from a private colleges on or after
the 14th day of March, 1974, due to the abolition of a
course of study in that private college or the cessation
of the period for which he was appointed or for any
other reason, except disciplinary action against him,
shall be given preference in the matter of future
appointments 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,
any dispute arising or pending between the
management of a private college and the teacher of
that college in respect of any matter coming under
clause (a) or clause (b) shall be decided in accordance
with the provisions of this Act and the Statutes made
thereunder.
Explanation- Where the number of claimants under clause
(a) or clause (b) is more than the number of vacancies, the
order of preference for appointment shall be in accordance
with the date of first appointment of the claimants under
the educational agency within the University area.
66. Disciplinary powers of educational agency over teachers
of private colleges.—
(1) The educational agency may at any time place a teacher
of a private college under suspension when any
86
(2)
(3)
(4)
(5)
(6)
K annur University Act I 996
disciplinary proceeding is proposed to be taken against
him or when such disciplinary proceedings are pending.
Ateacher of a private college who is detained in custody,
whether on a criminal charge or otherwise, for a period
exceeding forty-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 further orders.
When a teacher of a private college is suspended for a
period exceeding fifteen days, the matter, together with
the reasons for the suspension, shall be reported to the
Vlce-Chancellor.
Any disciplinary proceedings 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.
No disciplinary action shall be taken against a teacher
without giving him a reasonable opportunity of showing
cause against the action proposed to be taken against him.
Any teacher aggrieved by an order imposing on him any
of the following penalties, namely:-
(a) withholding of increment,
(b) recovery from pay of any pecuniary loss caused to the
institution of the monetary value equivalent to the
amount of increment ordered to be withheld,
(c) reduction to a lower rank in seniority list or to a lower
grade or post,
(d) removal from service,
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Kannur University Act I 996
(7)
(8)
(e) compulsory retirement from service; or
(f) dismissal from service, may, within sixty days from
the date on which a copy of such order is served on
him, appeal to the Appellate Tribunal on any one or
more of the following grounds, namely,
(i) that there is want of good faith in passing the
order,
(ii) that the order is intended to victimize the
appellant,
(iii) that, in passing the order, the educational agency
has been guilty of a basic error or violation of
the principles of natural justice, or
(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 satisfied that the appellant had sufficient cause
for not presenting the appeal within the said period.
On receipt of an appeal under sub-section (6), the
Appellate Tribunal may, after giving the parties an
opportunity of being heard, and after such further inquiry
as may be necessary, pass such order thereon as it may
deem fit, including an order of reinstatement of the teacher
concerned.
Any order passed by the Appellate Tribunal under sub-
section (7) may be executed through the Subordinate
Judge’s Court having jurisdiction over the area in which
88
(9)
(10)
(11)
(12)
K annur University Act I 996
the private college is situated, as if it were a decree passed
by that Court.
Any person who objects to an order passed by the
Appellate Tribunal under sub-section ( 7 ) may, within
sixty days from the date on which a copy of such order is
served on him, prefer a petition accompanied by court
fee stamps of the value of ten rupees, to the High Court
on the ground that the Appellate Tribunal has either
decided erroneously or failed to decide any question of
law.
The provisions of section 5 of the Limitation Act, 1963
(Central Act 36 of 1963), shall be applicable to any
proceedings under sub-section (9).
The High Court shall, after giving the parties an
opportunity of being heard, pass such order on the petition,
as it deems fit.
Where the High Court passes any order under sub-section
(1 l), the Appellate Tribunal shall amend the order passed
by it in conformity with the order of the High Court.
67. Disciplinary powers of Government over teachers of
(1)
private colleges-
Notwithstanding anything contained in this Act or in the
Statutes, Ordinances and regulations and subject to such
rules as may be made by the Government in this behalf,
the Government or such officer of the Government, not
below the rank of Director, Collegiate Education, as may
be authorized by the Government in this behalf, (hereinafter
referred to as the authorized officer), shall have power to
take disciplinary proceedings against a teacher of a private
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Kannur University Act I 996
(2)
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-
section, the Government or the authorized officer, as the
case may be shall intimate the manager regarding the
circumstances requiring disciplinary action against the
teacher concerned and give the manager a reasonable
opportunity of taking disciplinary action and the
Government or the authorized officer, as the case may be,
shall take disciplinary action against the teacher only if the
manager fails to take appropriate disciplinary action.
The Government or the authorized officer, as the case may
be, may suspend a teacher of a private college when any
disciplinary proceedings are proposed to be taken against
him under this section when such disciplinary proceedings
are pending.
68. Past disputes relating to service conditions of teachers-
Notwithstanding anything contained in 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
management of a private college and any teacher of that college
relating to the conditions of service of such teacher pending at
the commencement of this Act shall be decided under and in
accordance with the provisions of this Act and the Statutes made
thereunder.
69. Membership of local authorities etc-
(1)
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 member of a local
90
(2)
(3)
70.
(1)
(2)
71.
(1)
K annur University Act I 996
authority or of the Legislative Assembly of the State or of
Parliament.
Explanation - For the purposes of this section, “local
authority” means a municipality constituted under the
Kerala Municipalities Act, 1994 (20 of 1994) or a Panchayat
constituted under the Kerala Panchayat Raj Act. 1994 (13
of 1994).
A teacher elected or nominated as a member of the
Legislative Assembly of the State or of Parliament shall be
entitled to treat the period of his membership of the
Legislative Assembly or of Parliament as on leave Without
salary and allowances.
A teacher referred to in sub-section (2) shall also be entitled
to count the period of this membership of the Legislative
Assembly or of Parliament for the purposes of pension,
seniority and increments.
Non-teaching staff of private colleges-
The provisions of this Chapter shall, so far as may be, apply
to the non-teaching staff of the private colleges.
Subject to the provisions of sub-section (1), the method of
appointment, pay and other conditions of service of the
non-teaching staff of private colleges shall be such as may
be prescribed by the Statutes.
Transfer of teacher to other Universities -
Where an educational agency has colleges under the
jurisdiction of the Kannur University and also under the
Jurisdiction of the Calicut University, the educational
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Kannur University Act I 996
(2)
(3)
(4)
(5)
agency shall, within three months of the commencement
of this Act or within such further period, not exceeding
three months, as may be granted by the Government for
sufficient reason, prepare a seniority list of the teachers of
all such colleges.
After the preparation 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 which
they opt to remain, and the teacher shall be allotted to such
University area in accordance with such option:
Provided that where the number of teachers who have opted
to work under the jurisdiction of the Kannur University or
the Calicut University is more than the number required,
allotment shall be made on the basis of seniority.
Any teacher aggrieved by any entry in the list prepared
under sub-section (1) or by the allotment under sub-section
(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.
Where a teacher is allotted to a University under this
Section, he shall not be transferred to a college affiliated
to any other University.
Nothing contained in this section shall apply in respect of
principals of private colleges.
(*) 71 A. Inter University transfer of teacher by an
educational agency:-
(1)
Notwithstanding anything to the contrary contained in any
law for the time being in force, where an educational agency
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Kannur UniversityAct 1996
has colleges under the jurisdiction of the Kannur University
and also under the jurisdiction of another University in the
State, a teacher appointed by such educational agency to a
college within the jurisdiction of another University, may
be transferred to any college under the jurisdiction of
Kannur University, subject to the following condition,
namely:-
(i) transfer shall be made only on the written request of
the teachers who has completed three years of service;
(ii) transfer shall be made only once during the entire
period of service of a teacher;
(iii) transfer shall be made on the basis of the seniority of
teachers;
(iv) teacher transferred under the provisions of this section
shall become junior most in the colleges under the
educational agency in the University irrespective of
his service in the University from which he was
transferred;
(v) transfer is to be made as and when vacancy arises in
any of the colleges under the educational agency in
the University provided no home college option by
any teacher against the said vacancy is pending; and
(vi) teacher who is transferred under the provisions of this
section shall be eligible for home college option and
shall be treated as teachers of the University with all
benefits that are enjoyed by the existing teachers;
provided that the services rendered by such teacher
outside the University shall not be considered as
outside service while exercising home college option.
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Kannur University Act I 996
72.
(1)
(2)
(3)
(4)
(5)
(6)
73.
Explanation:- For the purpose of this section “home college
option” means the option made by a teacher regarding his
home college in the University under the provisions of the
Statutes made under this Act.
( *)Inserted by The University Laws (Amendment) Act,
2012(Act 12 0f2012)
Deemed to have come into force on 08/12/2009.
Constitution of Appellate Tribunal -
The Government shall constitute an Appellate Tribunal for
the purposes of this Act.
The Appellate Tribunal shall be a judicial officer not below
the rank of District Judge nominated by the Chancellor, in
consultation with the High Court.
The term of office of the Appellate Tribunal shall be three
years from the date of its nomination.
The Appellate Tribunal shall have power to make
regulations, consistent with the provisions of this Act, with
the previous sanction of the Government, for regulating
its procedure and disposal of its business.
The regulations so made shall be published in the Gazette.
The remuneration and other conditions of service of the
Appellate Tribunal shall be such as may be prescribed by
rules made by the Government.
Private colleges to comply with provisions of Chapter
within six months - All private colleges existing in the
University area immediately before the commencement of this
Act and stand affiliated to the University under section 89 shall,
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K annur University Act I 996
within a period of six months from such commencement, comply
with the provisions of this Chapter.
74. Colleges not complying with provisions of this Act etc.
(1)
(2)
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 to that private
college or it may disaffiliate that college from the
University:
Provided that, before disafiiliating 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.
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 this 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:
Provided 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.
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Kannur University Act I 996
Chapter IX
MISCELLANEOUS
75. Code of conduct for teachers of affiliated colleges-
(1)
(2)
Government shall, in consultation with the University and
the representatives of the teachers, frame a code of conduct
to be observed by the teachers of Government and private
colleges.
Any teacher of a Government or a private college who
contravenes any of the provisions of the code of conduct
shall be liable for disciplinary action which may involve
the imposition of a major penalty.
76. Inspection-
(1)
(2)
(3)
The University may, at such regular intervals as it deems
necessary, and shall once in every five years, cause an
inspection to be made by such person or machinery as may
be prescribed by the Statutes -
(a) of the University, its buildings, laboratories, libraries,
museums, workshops and equipments and of other
institutions maintained, recognized or approved by,
or affiliated to the University,
(b) of the work conducted by the University: and
(c) in respect of any other matter connected with the
University.
A report of the inspection made under sub-section (1) shall
be placed before the syndicate for such action as may be
necessary.
The Syndicate shall report to the Government and the
Chancellor the action, if any, which is proposed to be taken
96
77.
(1)
(2)
(3)
K annur University Act I 996
or has been taken upon the result of any inspection under
sub-section (1).
Appointment of Commission to inquire into the working
of University -
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.
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,
(ii) the financial position of the University including the
financial position of its colleges and departments,
(iii) any change to be made in the provisions of this Act or
the Statutes, Ordinances, rules and bye-laws made
thereunder with a view to bringing about improvement
in the affairs 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.
On receipt of the report and the recommendation of the
Commission under sub-section (2), the Government shall
97
Kannur University Act I 996
(4)
(5)
forthwith refer such report and recommendation to the
Senate for cosideration and report.
Immediately after the Senate has considered the report and
recommendations of the Commission and submitted its
report to the Government, the Government shall consider
the report of the Senate and pass such orders thereon as
they think fit and shall also cause the same to be published
in the Gazette.
The Senate shall be responsible for carrying into effect any
orders passed by the Government under sub-section (4)
within six months from the date of receipt of such orders.
78. Power of Government to make rules.-
(1)
(2)
The Government 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.
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
sessions, and if ,before the expiry of the session in which
it is so laid or the session immediately following, the
Legislative Assembly makes any modification in 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
modification or annulment shall be without prejudice to
the validity of anything previously done under that rule.
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K annur University Act I 996
79. Transfer of service of certain employees from the
(1)
(2)
(3)
(4)
(5)
University of Calicut to the Kannur University:-
Any person in the employment of the University of Calicut
may, subject to such conditions and restrictions as may be
specified by the Government in this behalf, opt to serve in
connection with the affairs of the Kannur University.
As soon as may be after the date of commencement of this
Act, the Government may, after consulting the Vice-
Chancellors of the University of Calicut and the Kannur
University, direct, by general or special order, that such of
the employees of the University of Calicut who have opted
under sub-section (1) as are specified in such order shall
stand allotted to serve in connection with the affairs of the
Kannur University with effect from such date as may be
specified in such order.
In making an order under sub-section (2), the persons who
have opted under sub-section (1) to serve in connection
with the affairs of the Kannur University shall be given
preference.
With effect from the date specified in an order under sub-
section (2), the persons specified in such order and allotted
to serve in connection with Kannur University shall become
employees of the Kannur University and shall cease to be
employees of the University of Calicut.
Every person who becomes an employee of the Kannur
University under sub-section (4) shall hold office under
that University by the same tenure, at the same
remuneration and upon the same terms and conditions and
with the same rights and privileges as to pension, gratuity,
if any, and other matters as he would have held the same
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Kannur University Act I 996
on the date specified in the order under sub-section (2) as
if this Act had not been passed.
(6) The liability to pay pension and gratuity to the employees
referred to in sub-section (2) shall be the liability of the
Kannur University.
80. Transfer of accumulation in provident fund and other
like funds.-
(1) The sums to the credit of the provident fiind accounts of
the employees referred to in sub-section (2) of section 79
as on the date specified in the order under that sub-section
shall be transferred to the Kannur University, and the
liability in respect of the said provident fund accounts shall
be the liability of the Kannur University.
(2) These shall be paid to the Kannur University out of the
accumulation in the superannuation fund and other like
funds, if any, of the University of Calicut such amounts as
have been credited to the superannuation fund and other
like funds, if any, on behalf of the employees referred to in
sub-section (2) of section 79
(3) The amounts paid under sub-section (2) shall form part of
superannuation fund or other like funds, if any, that may
be established by the Kannur University for the benefit of
its employees
81. Conditions 0fservice.-
(1) Save as otherwise provided by or under this Act every
salaried officer and teacher of the University shall be
appointed by a written order.
100
Kannur University Act 1996
(2)
(3)
(4)
(5)
(6)
(7)
* Substituted by The University Laws (Amendment)
Act,2005 (Act 2 of 2005)
Deemed to have come into force on 06/01/2005
Appointments of principals of private colleges shall be
made by the educational agency by promotion from among
the teachers of the college or of all the colleges, as the case
may be, or by direct recruitment.
Where the appointment of principal is made by promotion,
the educational agency shall make the appointment on the
basis of seniority-cum-fitness.
Appointment to the posts, other than those referred to in
*sub-section (1A) and (2), shall be made by the educational
agency by promotion from among the teachers of the private
college or of all the private colleges, as the case may be,
on the basis of seniority-cum-fitness, or, if none among
them is fit for promotion, by direct recruitment.
*Substituted by the University Laws (Amendment)
Act 2005 (Act 2 of 2005)
Deemed to have come into force on 06/01/2005
For making appointment under this section by direct
recruitment, the post shall be advertised in such manner as
may be prescribed by the Statutes.
The educational agency shall not abolish a course of study
in a private college without the prior approval of the
University.
Every appointment under this section shall be made by a
written order of the manager in such form as may be
82
(8)
(9)
63.
(1)
(2)
Kannur University Act 1996
prescribed by the Statutes, communicated to the person to
be appointed, with copy to the University.
No appointment under this section shall be valid unless
approved by the University.
Any person aggrieved by any appointment under this
section may appeal to the Appellate Tribunal.
Qualifications of teachers of private colleges. —
Teachers of private colleges shall possess such
qualifications as may be prescribed by the Regulations.
Notwithstanding anything contained in any law or in any
judgment, decree or order of any court or other authority,
any decision or order exempting any teacher of a private
college from possessing the prescribed qualifications or
approving the appointment of any teacher of a private
college who did not possess the prescribed qualification
or allowing any teacher of a private college who did not
possess the prescribed qualifications to continue in service,
made or deemed to have been made before the
commencement of this Act shall be deemed to have been
made by the authority competent to make such decision or
order was made, and accordingly all such decisions and
orders shall be and shall be deemed always to have been,
valid and in accordance with law.
64. Probation -
(1) Teachers of private colleges shall be on probation for a
period of one year within a period of two years:
Provided that, in exceptional cases, for reasons to be
recorded, the period of probation may be extended by a
83
Kannur University Act 1996
(2)
(3)
(4)
(5)
(6)
period not exceeding one year, subject to the prior approval
of the Syndicate.
Explanation - 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.
Notwithstanding anything contained in any contract or other
document, any teacher of a private college working in a
substantive vacancy at or after the commencement of this
Act shall be deemed to be on probation for the purposes of
sub-section (1).
The educational agency may, at any time before the
prescribed period of probation, terminate the probation of
the probationer for want of vacancy and discharge him from
service if he was appointed by direct recruitment or revert
him to his original appointment if the appointment to the
new post was by transfer or by promotion.
Any probationer discharged or reverted under sub-section
(3) shall be given preference in the matter of future
appointment to the same post.
On satisfactory completion of probation, the educational
agency shall confirm the teacher in the post and, if the
vacancy is not a substantive vacancy, the teacher shall be
allowed to continue in the post for the duration of the
vacancy.
If, on the expiry of the prescribed period of probation, the
educational agency decides that the teacher is not suitable
for continuance in the post to which he was appointed, it
84
(7)
(8)
Kannur University Act 1996
shall discharge him from service or revert him to his original
appointment, as the case may be, after giving him a
reasonable opportunity of showing cause against the action
proposed to be taken in regard to him.
Where the post held by the probationer is 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 in
that post.
A probationer who is discharged or reverted under sub-
section (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 against the
order of discharge or reversion to the Appellate Tribunal,
and the provision of section 66 shall mutatis-mutandis apply
to such appeals.
65. Conditions of service of teachers of private colleges -
(1)
(2)
Notwithstanding anything contained in any law or in any
contract or other document, the conditions of service of
teachers of private colleges, whether appointed before or
after the commencement of this Act, including conditions
relating to pay, pension, provident fund, gratuity, insurance
and age of retirement, shall be such as may be prescribed
by the Statutes.
Notwithstanding anything contained in this Act or the
Statutes, Ordinances and Regulations made thereunder,-
(a) aperson appointed as teacher in a private college in a
temporary vacancy and continuing as such shall be
85
Kannur University Act 1996
(b)
(c)
appointed as teacher in any permanent vacancy or any
temporary vacancy of longer duration that may arise,
after such appointment in the temporary vacancy, 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:
a teacher relieved from a private colleges on or after
the 14th day of March, 1974, due to the abolition of a
course of study in that private college or the cessation
of the period for which he was appointed or for any
other reason, except disciplinary action against him,
shall be given preference in the matter of future
appointments 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;
any dispute arising or pending between the
management of a private college and the teacher of
that college in respect of any matter coming under
clause (a) or clause (b) shall be decided in accordance
with the provisions of this Act and the Statutes made
thereunder.
Explanation- Where the number of claimants under clause
(a) or clause (b) is more than the number of vacancies, the
order of preference for appointment shall be in accordance
with the date of first appointment of the claimants under
the educational agency within the University area.
66. Disciplinary powers of educational agency over teachers
of private colleges.—
(1) The educational agency may at any time place a teacher
of a private college under suspension when any
86
(2)
(3)
(4)
(5)
(6)
Kannur University Act 1996
disciplinary proceeding is proposed to be taken against
him or when such disciplinary proceedings are pending.
A teacher of a private college who is detained in custody,
whether on a criminal charge or otherwise, for a period
exceeding forty-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 further orders.
When a teacher of a private college is suspended for a
period exceeding fifteen days, the matter, together with
the reasons for the suspension, shall be reported to the
Vice-Chancellor.
Any disciplinary proceedings 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.
No disciplinary action shall be taken against a teacher
without giving him a reasonable opportunity of showing
cause against the action proposed to be taken against him.
Any teacher aggrieved by an order imposing on him any
of the following penalties, namely:-
(a) withholding of increment;
(b) recovery from pay of any pecuniary loss caused to the
institution of the monetary value equivalent to the
amount of increment ordered to be withheld;
(c) reduction to a lower rank in seniority list or to a lower
grade or post;
(d) removal from service;
87
Kannur University Act 1996
(7)
(8)
(e) compulsory retirement from service; or
(f) dismissal from service, may, within sixty days from
the date on which a copy of such order is served on
him, appeal to the Appellate Tribunal on any one or
more of the following grounds, namely;
(i) that there is want of good faith in passing the
order;
(ii) that the order is intended to victimize the
appellant;
(ii) that, in passing the order, the educational agency
has been guilty of a basic error or violation of
the principles of natural justice; or
(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 satisfied that the appellant had sufficient cause
for not presenting the appeal within the said period.
On receipt of an appeal under sub-section (6), the
Appellate Tribunal may, after giving the parties an
opportunity of being heard, and after such further inquiry
as may be necessary, pass such order thereon as it may
deem fit, including an order of reinstatement of the teacher
concerned.
Any order passed by the Appellate Tribunal under sub-
section (7) may be executed through the Subordinate
Judge’s Court having jurisdiction over the area in which
88
(9)
(10)
(11)
(12)
Kannur University Act 1996
the private college is situated, as if it were a decree passed
by that Court.
Any person who objects to an order passed by the
Appellate Tribunal under sub-section ( 7 ) may, within
sixty days from the date on which a copy of such order is
served on him, prefer a petition accompanied by court
fee stamps of the value of ten rupees, to the High Court
on the ground that the Appellate Tribunal has either
decided erroneously or failed to decide any question of
law.
The provisions of section 5 of the Limitation Act, 1963
(Central Act 36 of 1963), shall be applicable to any
proceedings under sub-section (9).
The High Court shall, after giving the parties an
opportunity of being heard, pass such order on the petition,
as it deems fit.
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.
67. Disciplinary powers of Government over teachers of
(1)
private colleges-
Notwithstanding anything contained in this Act or in the
Statutes, Ordinances and regulations and subject to such
rules as may be made by the Government in this behalf,
the Government or such officer of the Government, not
below the rank of Director, Collegiate Education, as may
be authorized by the Government in this behalf, (hereinafter
referred to as the authorized officer), shall have power to
take disciplinary proceedings against a teacher of a private
89
Kannur University Act 1996
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-
section, the Government or the authorized officer, as the
case may be shall intimate the manager regarding the
circumstances requiring disciplinary action against the
teacher concerned and give the manager a reasonable
opportunity of taking disciplinary action and the
Government or the authorized officer, as the case may be,
shall take disciplinary action against the teacher only if the
manager fails to take appropriate disciplinary action.
(2) The Government or the authorized officer, as the case may
be, may suspend a teacher of a private college when any
disciplinary proceedings are proposed to be taken against
him under this section when such disciplinary proceedings
are pending.
68. Past disputes relating to service conditions of teachers-
Notwithstanding anything contained in 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
management of a private college and any teacher of that college
relating to the conditions of service of such teacher pending at
the commencement of this Act shall be decided under and in
accordance with the provisions of this Act and the Statutes made
thereunder.
69. Membership of local authorities etc-
(1) 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 member of a local
90
(2)
(3)
70.
(1)
(2)
71.
(1)
Kannur University Act 1996
authority or of the Legislative Assembly of the State or of
Parliament.
Explanation - For the purposes of this section, “local
authority” means a municipality constituted under the
Kerala Municipalities Act, 1994 (20 of 1994) or a Panchayat
constituted under the Kerala Panchayat Raj Act. 1994 (13
of 1994).
A teacher elected or nominated as a member of the
Legislative Assembly of the State or of Parliament shall be
entitled to treat the period of his membership of the
Legislative Assembly or of Parliament as on leave without
salary and allowances.
A teacher referred to in sub-section (2) shall also be entitled
to count the period of this membership of the Legislative
Assembly or of Parliament for the purposes of pension,
seniority and increments.
Non-teaching staff of private colleges-
The provisions of this Chapter shall, so far as may be, apply
to the non-teaching staff of the private colleges.
Subject to the provisions of sub-section (1), the method of
appointment, pay and other conditions of service of the
non-teaching staff of private colleges shall be such as may
be prescribed by the Statutes.
Transfer of teacher to other Universities -
Where an educational agency has colleges under the
jurisdiction of the Kannur University and also under the
Jurisdiction of the Calicut University, the educational
91
Kannur University Act 1996
(2)
(3)
(4)
(5)
agency shall, within three months of the commencement
of this Act or within such further period, not exceeding
three months, as may be granted by the Government for
sufficient reason, prepare a seniority list of the teachers of
all such colleges.
After the preparation 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 which
they opt to remain, and the teacher shall be allotted to such
University area in accordance with such option:
Provided that where the number of teachers who have opted
to work under the jurisdiction of the Kannur University or
the Calicut University is more than the number required,
allotment shall be made on the basis of seniority.
Any teacher aggrieved by any entry in the list prepared
under sub-section (1) or by the allotment under sub-section
(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.
Where a teacher is allotted to a University under this
Section, he shall not be transferred to a college affiliated
to any other University.
Nothing contained in this section shall apply in respect of
principals of private colleges.
(*) 71 A. Inter University transfer of teacher by an
educational agency:-
(1) Notwithstanding anything to the contrary contained in any
law for the time being in force, where an educational agency
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Kannur University Act 1996
has colleges under the jurisdiction of the Kannur University
and also under the jurisdiction of another University in the
State, a teacher appointed by such educational agency to a
college within the jurisdiction of another University, may
be transferred to any college under the jurisdiction of
Kannur University, subject to the following condition,
namely:-
(i) transfer shall be made only on the written request of
the teachers who has completed three years of service;
(ii) transfer shall be made only once during the entire
period of service of a teacher;
(ii) transfer shall be made on the basis of the seniority of
teachers;
(iv) teacher transferred under the provisions of this section
shall become junior most in the colleges under the
educational agency in the University irrespective of
his service in the University from which he was
transferred;
(v) transfer is to be made as and when vacancy arises in
any of the colleges under the educational agency in
the University provided no home college option by
any teacher against the said vacancy is pending; and
(vi) teacher who 1s transferred under the provisions of this
section shall be eligible for home college option and
shall be treated as teachers of the University with all
benefits that are enjoyed by the existing teachers,
provided that the services rendered by such teacher
outside the University shall not be considered as
outside service while exercising home college option.
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Kannur University Act 1996
72.
(1)
(2)
(3)
(4)
(5)
(6)
73.
Explanation:- For the purpose of this section “home college
option” means the option made by a teacher regarding his
home college in the University under the provisions of the
Statutes made under this Act.
( *)Inserted by The University Laws (Amendment) Act ,
2012(Act 12 of 2012)
Deemed to have come into force on 08/12/2009.
Constitution of Appellate Tribunal -
The Government shall constitute an Appellate Tribunal for
the purposes of this Act.
The Appellate Tribunal shall be a judicial officer not below
the rank of District Judge nominated by the Chancellor, in
consultation with the High Court.
The term of office of the Appellate Tribunal shall be three
years from the date of its nomination.
The Appellate Tribunal shall have power to make
regulations, consistent with the provisions of this Act, with
the previous sanction of the Government, for regulating
its procedure and disposal of its business.
The regulations so made shall be published in the Gazette.
The remuneration and other conditions of service of the
Appellate Tribunal shall be such as may be prescribed by
rules made by the Government.
Private colleges to comply with provisions of Chapter
within six months - All private colleges existing in the
University area immediately before the commencement of this
Act and stand affiliated to the University under section 89 shall,
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Kannur University Act 1996
within a period of six months from such commencement, comply
with the provisions of this Chapter.
74. Colleges not complying with provisions of this Act etc.
(1)
(2)
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 to that private
college or it may disaffiliate that 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.
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 this 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:
Provided 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.
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Kannur University Act 1996
Chapter IX
MISCELLANEOUS
75. Code of conduct for teachers of affiliated colleges-
(1)
(2)
Government shall, in consultation with the University and
the representatives of the teachers, frame a code of conduct
to be observed by the teachers of Government and private
colleges.
Any teacher of a Government or a private college who
contravenes any of the provisions of the code of conduct
shall be liable for disciplinary action which may involve
the imposition of a major penalty.
76. Inspection-
(1)
(2)
(3)
The University may, at such regular intervals as it deems
necessary, and shall once in every five years, cause an
inspection to be made by such person or machinery as may
be prescribed by the Statutes -
(a) ofthe University, its buildings, laboratories, libraries,
museums, workshops and equipments and of other
institutions maintained, recognized or approved by,
or affiliated to the University;
(b) ofthe work conducted by the University: and
(c) in respect of any other matter connected with the
University.
A report of the inspection made under sub-section (1) shall
be placed before the syndicate for such action as may be
necessary.
The Syndicate shall report to the Government and the
Chancellor the action, if any, which is proposed to be taken
96
77.
(1)
(2)
(3)
Kannur University Act 1996
or has been taken upon the result of any inspection under
sub-section (1).
Appointment of Commission to inquire into the working
of University -
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.
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;
(1i) the financial position of the University including the
financial position of its colleges and departments;
(1ii) any change to be made in the provisions of this Act or
the Statutes, Ordinances, rules and bye-laws made
thereunder with a view to bringing about improvement
in the affairs 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.
On receipt of the report and the recommendation of the
Commission under sub-section (2), the Government shall
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Kannur University Act 1996
(4)
(5)
78.
(1)
(2)
forthwith refer such report and recommendation to the
Senate for cosideration and report.
Immediately after the Senate has considered the report and
recommendations of the Commission and submitted its
report to the Government, the Government shall consider
the report of the Senate and pass such orders thereon as
they think fit and shall also cause the same to be published
in the Gazette.
The Senate shall be responsible for carrying into effect any
orders passed by the Government under sub-section (4)
within six months from the date of receipt of such orders.
Power of Government to make rules.-
The Government 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.
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
sessions, and if ,before the expiry of the session in which
it is so laid or the session immediately following, the
Legislative Assembly makes any modification in 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
modification or annulment shall be without prejudice to
the validity of anything previously done under that rule.
98
79.
(1)
(2)
(3)
(4)
(5)
Kannur University Act 1996
Transfer of service of certain employees from the
University of Calicut to the Kannur University:-
Any person in the employment of the University of Calicut
may, subject to such conditions and restrictions as may be
specified by the Government in this behalf, opt to serve in
connection with the affairs of the Kannur University.
As soon as may be after the date of commencement of this
Act, the Government may, after consulting the Vice-
Chancellors of the University of Calicut and the Kannur
University, direct, by general or special order, that such of
the employees of the University of Calicut who have opted
under sub-section (1) as are specified in such order shall
stand allotted to serve in connection with the affairs of the
Kannur University with effect from such date as may be
specified in such order.
In making an order under sub-section (2), the persons who
have opted under sub-section (1) to serve in connection
with the affairs of the Kannur University shall be given
preference.
With effect from the date specified in an order under sub-
section (2), the persons specified in such order and allotted
to serve in connection with Kannur University shall become
employees of the Kannur University and shall cease to be
employees of the University of Calicut.
Every person who becomes an employee of the Kannur
University under sub-section (4) shall hold office under
that University by the same tenure, at the same
remuneration and upon the same terms and conditions and
with the same rights and privileges as to pension, gratuity,
if any, and other matters as he would have held the same
99
Kannur University Act 1996
(6)
80.
(1)
(2)
(3)
81.
(1)
on the date specified in the order under sub-section (2) as
if this Act had not been passed.
The liability to pay pension and gratuity to the employees
referred to in sub-section (2) shall be the liability of the
Kannur University.
Transfer of accumulation in provident fund and other
like funds.-
The sums to the credit of the provident fund accounts of
the employees referred to in sub-section (2) of section 79
as on the date specified in the order under that sub-section
shall be transferred to the Kannur University, and the
liability in respect of the said provident fund accounts shall
be the liability of the Kannur University.
These shall be paid to the Kannur University out of the
accumulation in the superannuation fund and other like
funds, if any, of the University of Calicut such amounts as
have been credited to the superannuation fund and other
like funds, if any, on behalf of the employees referred to in
sub-section (2) of section 79
The amounts paid under sub-section (2) shall form part of
superannuation fund or other like funds, if any, that may
be established by the Kannur University for the benefit of
its employees
Conditions of service.-
Save as otherwise provided by or under this Act every
salaried officer and teacher of the University shall be
appointed by a written order.
100
Kannur University Act 1996
(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 University
and the University 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 66 and the regulations made by the Tribunal under
section 72 shall mutatis-mutandis apply to the decision of
such dispute.
82. Pension, insurance and provident fund.-
The University shall, with the previous approval of the
Government, make appropriate provisions for the benefit of its
officers, teachers and other servants under its control in matters
of insurance, pension, provident fund and for such other benefits
as it may deem fit, in such manner as may be prescribed by the
Ordinance.
83. Proceedings of the University 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 be invalid merely by reason
of any vacancy in the body doing or passing it, at the time such
act or proceeding is done or passed.
84. Proceedings of Senate, Syndicate and Academic Council.
The Registrar shall forward to the Government within one month
of the date of any meeting of the Senate or the Syndicate or the
Academic Council copies of the proceedings of such meetings.
101
Kannar UniversityAct 1996
(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 University
and the University 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), (l l) and (12)
of section 66 and the regulations made by the Tribunal under
section 72 shall mutatis-mutandis apply to the decision of
such dispute.
82. Pension, insurance and provident fund-
The University shall, with the previous approval of the
Government, make appropriate provisions for the benefit of its
officers, teachers and other servants under its control in matters
of insurance, pension, provident fund and for such other benefits
as it may deem fit, in such manner as may be prescribed by the
Ordinance.
83. Proceedings of the University 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 be invalid merely by reason
of any vacancy in the body doing or passing it, at the time such
act or proceeding is done or passed.
84. Proceedings of Senate, Syndicate and Academic Council.
The Registrar shall forward to the Government within one month
of the date of any meeting of the Senate or the Syndicate or the
Academic Council copies of the proceedings of such meetings.
101
Kannur UniversityAct I996
85. Decision of certain disputes by Chancellor.-
If any question arises regarding the interpretation of any
provision of this Act or of any Statute, Ordinance, Regulation,
rule, bye-law or order or as to Whether a person has been duly
elected or appointed as, or is entitled to be, a member of any
authority or other body of the University, the matter may be
referred to the Chancellor and shall be so referred to him if not
less than twenty-five members of the Senate so require, and the
Chancellor shall, after taking such advice as he deems necessary,
decide the question, and such decision shall be final.
86. Report on affiliated colleges.
The Vlce-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.
87. Protection of acts and orders.-
All acts and orders duly and in good faith done or passed by the
University or any of its authorities, bodies or officers shall,
subject to the provisions of this Act be final, and no suit shall
be instituted against, or damage claimed from, the University
or its authorities, bodies or officers for anything in good faith
done or purporting to be done in pursuance of this Act and the
Statutes, Ordinances. Regulations, rules, bye-law or orders made
thereunder.
88. 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.
102
K annur University Act I 996
89. Institutions affiliated to University.-
(1)
(2)
90.
(1)
(2)
All colleges existing in the University area immediately
before the commencement of this Act shall stand affiliated
to the University at such commencement.
The Government may, at any time, transfer to the University
any institution, subject to such terms and conditions as may
be agreed upon between the Government and the University
as regards its future maintenance and control.
Duty of teachers, etc., in connection with University
examinations. -
It shall be the duty of a teacher or a member of the non-
teaching staff of an affiliated college or an officer, teacher
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 authority
or authority of the University to do.
If any teacher or member of the non-teaching staff of an
affiliated college or any officer, teacher or other employee
of the University refuses, without sufficient cause to the
satisfaction of-
(a) in the case of a teacher or a member of the non-teaching
staff of an affiliated college, an officer not below the
rank of Director of Collegiate Education authorized
by the Government in this behalf, and
(b) in the case of an officer, teacher or other employee of
the University, the Vlce-Chancellor, to do any work
in connection with an examination conducted by the
University when required to do by the competent
officer or authority of the University, he shall, without
103
Kannur University Act I 996
(3)
(4)
(5)
prejudice to any other action that may be taken against
him, forfeit his pay and allowances for the days on
which he refiised to do the work.
Explanations.- Failure to comply with the requisition of
the competent officer or authority of the University shall
be deemed to be refusal for the purposes of this sub-section.
An order of forfeiture under sub-section (2) shall be made,-
(a) in the case of a teacher or a member of the non teaching
staff of an affiliated college, by the officer authorized
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 Vlce-Chancellor.
No order of forfeiture shall be made under sub-section (3)
without giving the person who may be affected thereby an
opportunity of being heard.
Any person aggrieved by an order referred to in sub-section
(4) may, within sixty days from the date on which a copy
of such order is served on him, appeal to the Appellate
Tribunal, and the Appellate Tribunal may after giving the
parties an opportunity of being heard and after such further
inquiry as may be necessary, pass such order thereon as it
deems for.
91. Punishment for irregularities by teacher at examinations-
(1)
Any teacher of an affiliated college or a teacher of the
University who-
(a) connives with or assists any candidate at an
examination conducted by the University to do any
malpractice at such examination, or
104
Kannur UniversityAct 1996
(b) delays the valuation and return of answer books of
candidate at any such examination which have been
given to him for valuation, shall, without prejudice to
any other action that may be taken against him, be
liable for disciplinary action.
(2) The Syndicate shall have the power to suspend the approval
of the appointment of the teacher, in all cases where action
is contemplated as per sub-section (1).
92.(*)
( * ) Omitted by The University Laws (Amendment) ACT,
2005(Act 2 0f2005).
Deemed to have come into force on 06/01/2005
93. Appointment of the first Vice-Chancellor.-
Notwithstanding anything to the contrary contained in section
10, the Chancellor shall appoint such person as he thinks fit to
be the first Vice-Chancellor of the University.
94. Appointment of Registrar, Controller of Examinations
and Finance Officer during initial period of two years-
Notwithstanding anything contained in sections 14, 15 and 16,
the Registrar, the Controller of Examinations and the Finance
Officer shall be appointed by the Chancellor for a period of two
years from the commencement of this Act on a salary to be
fixed by him and on such other conditions as he thinks fit:
Provided that the power under this section shall not be exercised
by the Chancellor after nomination of the Syndicate under
section 95
105
Kannur University Act I 996
95. Nomination of first University authorities -
Notwithstanding anything contained in this Act, the first of all
authorities of the University shall be nominated by the
Chancellor for a period of forty eight months from the date of
nomination or till the constitution of those authorities in
accordance with the provisions of this Act, whichever is earlier.
96. Colleges and other institutions within the jurisdiction
(1)
(2)
of the University.-
All colleges and other educational institutions within the
areas to which the jurisdiction of the University constituted
under this Act extends, which immediately before the
commencement of this Act were recognized by or were
affiliated to the University of Calicut as institutions
providing courses of study for admission to examinations
of that University for degrees, diplomas and other academic
distinctions, shall be deemed to be institutions recognized
by, or affiliated to, the Kannur University constituted under
this Act, and the provisions of this Act shall apply
accordingly.
Any student of any college within the areas referred to in
sub-section (1) and affiliated to the University of Calicut
immediately before the commencement of this Act shall
be permitted to complete his course under the University
of Calicut, and the university constituted under this Act
shall provide for the instruction of such students in
accordance with the course of study in the University of
Calicut and shall comply with such direction as may be
106
Kannur UniversityAct 1996
given to it by the University of Calicut in respect of those
students.
*97. Special provisions in respect of un-aided colleges-
Notwithstanding anything contained in this Act or the Statutes,
Ordinances, Regulations, Rules, Bye-laws or Orders-
(a) the scales of pay and other conditions of service of the
teaching and non-teaching staff of un-aided colleges, and
(b) the admission and selection of, and the fees payable by,
students in such colleges, shall be determined, from time
to time, by the Government on the basis of the
recommendations of a Committee constituted by the
Government consisting of -
(i) One of the Vlce-chancellors of the Universities in the
State, nominated by the Government
(ii) the Secretary to Government, Higher Education
Department Who shall be the convener of the
committee, and
(iii) the Director of the collegiate Education.
*(Substttuted by Kannur University (Amendment)
Act 2001 (Act 14 0f2001)
Deemed to have come into force on 28/08/2001
98. Apportionment of funds and assets of the University of
Calicut. -
A Committee consisting of the Vice-Chancellor of the University
of Calicut, the Vice-Chancellor of the Kannur University and
the Secretary to the Government of Kerala, Finance Department,
shall examine the question of transfer of funds and assets other
than those referred to in sub-section (3) of section 99 from the
107
Kannur University Act I 996
University of Calicut to the Kannur University 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 5 of 1975 not to apply.-
(1)
(2)
(3)
Subject to the provisions of this section, the Calicut
University Act, 1975 (5 of 1975), shall, with efi‘ect from
the date of commencement of this Act, cease to apply in
respect of the areas to which the jurisdiction of the Kannur
University extends.
Notwithstanding anything contained in sub-section (1), all
Statutes, Ordinances and Regulations made under the
Calicut University Act, 1975 (5 of 197 5) and in force on
the date of commencement of this Act shall, in so far as
they are not inconsistent with the provisions of this Act,
continue to be in force in respect of the areas referred to in
sub-section (1), until they are replaced by the Statutes,
Ordinances and Regulations made under this Act.
All property, whether movable or immovable, including
lands, buildings, equipment, books and library and all rights
of whatever kind owned by or vested on or held in trust
immediately before the date of commencement of this Act
by the University of Calicut in the territorial jurisdiction
of the Kannur University as well as all liabilities legally
subsisting against the University of Calicut in respect of
these properties shall stand transferred to and vest in the
Kannur University.
108
(4)
K annur University Act I 996
Nothing in this section shall be held to prejudice or affect
the application of sections 4 and 23 of the Interpretation
and General Clauses Act, 1 125 (VII of 1125).
100. First Statutes and first Ordinances. -
(1)
(2)
Notwithstanding anything contained in this Act, the first
Statutes and the first Ordinances of the University shall be
made by the Government.
Provided that the powers under this sub-section shall not
be exercised by the Government after the Senate constituted
in accordance with the provisions of this Act come into
being.
Every first Statute and every first Ordinance 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 sessions, and if, before
the expiry of the session in which it is so laid or the session
immediately following the Legislative Assembly makes any
modification in the first Statute or the first Ordinance, as
the case may be, or decides that the first Statute or, as the
case may be, the first Ordinance should not be made, the
first Statute, or the first Ordinance, 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 any
such modification or annulment shall be without prejudice
to the validity of anything previously done under the first
Statute or the first Ordinance, as the case may be.
109
Kannur UniversityAct I996
101. Removal of difficulties .°
(1) If any difficulty arises as to the first constitution or
(2)
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:
Provided that no order under this sub-section shall be issued
by the Government after the expiry of a period of two years
from the commencement of this Act.
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, before the expiry of the session
in which it is so laid or the session immediately following,
the Legislative Assembly makes any modification in the
order or decides that the order should not be issued, the
order 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 order.
102. Special provision regarding construction of references
(1)
t0 “Malabar University”, “Malabar University
Ordinance”, and “Malabar University Fund”.-
References to the “Malabar University”, the “Malabar
University Ordinance” or the “Malabar University Fund”
in any Act or in any rule, notification, proceeding, order.
regulation, bye-law or other instrument or document shall
110
Kannur UniversityAct 1996
be construed as references to the “Kannur University”, the
“Kannur University Act” and the “Kannur University
Fund”, respectively.
(2) Where immediately before the date of publication of this
Act in the Gazette any legal proceedings are pending in
which the “Malabar University” is a party, the “Kannur
University” shall be deemed to be substituted for the
“Malabar University” in those proceedings and proceedings
may be continued accordingly.
103. Repeal and saving. -
(l) The Malabar University Ordinance, 1996 ( 7 of 1996), is
hereby repealed.
(2) Notwithstanding such repeal, anything done or any action
taken under the said Ordinance be deemed to have been
done or taken under this Act.
****************
111
Kannur University Act 1996
112
Kannur University Act 1996
85. Decision of certain disputes by Chancellor.-
If any question arises regarding the interpretation of any
provision of this Act or of any Statute, Ordinance, Regulation,
rule, bye-law or order or as to whether a person has been duly
elected or appointed as, or is entitled to be, a member of any
authority or other body of the University, the matter may be
referred to the Chancellor and shall be so referred to him if not
less than twenty-five members of the Senate so require, and the
Chancellor shall, after taking such advice as he deems necessary,
decide the question, and such decision shall be final.
86. 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.
87. Protection of acts and orders.-
All acts and orders duly and in good faith done or passed by the
University or any of its authorities, bodies or officers shall,
subject to the provisions of this Act be final, and no suit shall
be instituted against, or damage claimed from, the University
or its authorities, bodies or officers for anything in good faith
done or purporting to be done in pursuance of this Act and the
Statutes, Ordinances. Regulations, rules, bye-law or orders made
thereunder.
88. 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.
102
Kannur University Act 1996
89. Institutions affiliated to University.-
(1)
(2)
90.
(1)
(2)
All colleges existing in the University area immediately
before the commencement of this Act shall stand affiliated
to the University at such commencement.
The Government may, at any time, transfer to the University
any institution, subject to such terms and conditions as may
be agreed upon between the Government and the University
as regards its future maintenance and control.
Duty of teachers, etc., in connection with University
examinations. -
It shall be the duty of a teacher or a member of the non-
teaching staff of an affiliated college or an officer, teacher
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 authority
or authority of the University to do.
If any teacher or member of the non-teaching staff of an
affiliated college or any officer, teacher or other employee
of the University refuses, without sufficient cause to the
satisfaction of-
(a) inthe case of a teacher or a member of the non-teaching
staff of an affiliated college, an officer not below the
rank of Director of Collegiate Education authorized
by the Government in this behalf; and
(b) inthe case of an officer, teacher or other employee of
the University, the Vice-Chancellor, to do any work
in connection with an examination conducted by the
University when required to do by the competent
officer or authority of the University, he shall, without
103
Kannur University Act 1996
(3)
(4)
(5)
prejudice to any other action that may be taken against
him, forfeit his pay and allowances for the days on
which he refused to do the work.
Explanations.- Failure to comply with the requisition of
the competent officer or authority of the University shall
be deemed to be refusal for the purposes of this sub-section.
An order of forfeiture under sub-section (2) shall be made,-
(a) inthe case ofa teacher or a member of the non teaching
staff of an affiliated college, by the officer authorized
under clause (a) of the said sub-section; and
(b) inthe case of an officer, teacher or other employee of
the University, by the Vice-Chancellor.
No order of forfeiture shall be made under sub-section (3)
without giving the person who may be affected thereby an
opportunity of being heard.
Any person aggrieved by an order referred to in sub-section
(4) may, within sixty days from the date on which a copy
of such order is served on him, appeal to the Appellate
Tribunal, and the Appellate Tribunal may after giving the
parties an opportunity of being heard and after such further
inquiry as may be necessary, pass such order thereon as it
deems for.
91. Punishment for irregularities by teacher at examinations-
(1) Any teacher of an affiliated college or a teacher of the
University who-
(a) connives with or assists any candidate at an
examination conducted by the University to do any
malpractice at such examination; or
104
Kannur University Act 1996
(b) delays the valuation and return of answer books of
candidate at any such examination which have been
given to him for valuation, shall, without prejudice to
any other action that may be taken against him, be
liable for disciplinary action.
(2) The Syndicate shall have the power to suspend the approval
of the appointment of the teacher, in all cases where action
is contemplated as per sub-section (1).
92. (*)
(*) Omitted by The University Laws (Amendment) ACT ,
2005(Act 2 of 2005).
Deemed to have come into force on 06/01/2005
93. Appointment of the first Vice-Chancellor. -
Notwithstanding anything to the contrary contained in section
10, the Chancellor shall appoint such person as he thinks fit to
be the first Vice-Chancellor of the University.
94. Appointment of Registrar, Controller of Examinations
and Finance Officer during initial period of two years-
Notwithstanding anything contained in sections 14, 15 and 16,
the Registrar, the Controller of Examinations and the Finance
Officer shall be appointed by the Chancellor for a period of two
years from the commencement of this Act on a salary to be
fixed by him and on such other conditions as he thinks fit:
Provided that the power under this section shall not be exercised
by the Chancellor after nomination of the Syndicate under
section 95
105
Kannur University Act 1996
95. Nomination of first University authorities -
Notwithstanding anything contained in this Act, the first of all
authorities of the University shall be nominated by the
Chancellor for a period of forty eight months from the date of
nomination or till the constitution of those authorities in
accordance with the provisions of this Act, whichever is earlier.
96. Colleges and other institutions within the jurisdiction
(1)
(2)
of the University.-
All colleges and other educational institutions within the
areas to which the jurisdiction of the University constituted
under this Act extends, which immediately before the
commencement of this Act were recognized by or were
affiliated to the University of Calicut as institutions
providing courses of study for admission to examinations
of that University for degrees, diplomas and other academic
distinctions, shall be deemed to be institutions recognized
by, or affiliated to, the Kannur University constituted under
this Act, and the provisions of this Act shall apply
accordingly.
Any student of any college within the areas referred to in
sub-section (1) and affiliated to the University of Calicut
immediately before the commencement of this Act shall
be permitted to complete his course under the University
of Calicut, and the university constituted under this Act
shall provide for the instruction of such students in
accordance with the course of study in the University of
Calicut and shall comply with such direction as may be
106
Kannur University Act 1996
given to it by the University of Calicut in respect of those
students.
*97, Special provisions in respect of un-aided colleges-
Notwithstanding anything contained in this Act or the Statutes,
Ordinances, Regulations, Rules, Bye-laws or Orders-
(a)
(b)
the scales of pay and other conditions of service of the
teaching and non-teaching staff of un-aided colleges; and
the admission and selection of, and the fees payable by,
students in such colleges, shall be determined, from time
to time, by the Government on the basis of the
recommendations of a Committee constituted by the
Government consisting of -
(i) One of the Vice-chancellors of the Universities in the
State, nominated by the Government
(ii) the Secretary to Government, Higher Education
Department who shall be the convener of the
committee, and
(111) the Director of the collegiate Education.
*(Substituted by Kannur University (Amendment)
Act 2001 ( Act 14 of 2001)
Deemed to have come into force on 28/08/2001
98. Apportionment of funds and assets of the University of
Calicut. -
A Committee consisting of the Vice-Chancellor of the University
of Calicut, the Vice-Chancellor of the Kannur University and
the Secretary to the Government of Kerala, Finance Department,
shall examine the question of transfer of funds and assets other
than those referred to in sub-section (3) of section 99 from the
107
Kannur University Act 1996
University of Calicut to the Kannur University 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 5 of 1975 not to apply.-
(1)
(2)
(3)
Subject to the provisions of this section, the Calicut
University Act, 1975 (5 of 1975), shall, with effect from
the date of commencement of this Act, cease to apply in
respect of the areas to which the jurisdiction of the Kannur
University extends.
Notwithstanding anything contained in sub-section (1), all
Statutes, Ordinances and Regulations made under the
Calicut University Act, 1975 (5 of 1975) and in force on
the date of commencement of this Act shall, in so far as
they are not inconsistent with the provisions of this Act,
continue to be in force in respect of the areas referred to in
sub-section (1), until they are replaced by the Statutes,
Ordinances and Regulations made under this Act.
All property, whether movable or immovable, including
lands, buildings, equipment, books and library and all rights
of whatever kind owned by or vested on or held in trust
immediately before the date of commencement of this Act
by the University of Calicut in the territorial jurisdiction
of the Kannur University as well as all liabilities legally
subsisting against the University of Calicut in respect of
these properties shall stand transferred to and vest in the
Kannur University.
108
(4)
100.
(1)
(2)
Kannur University Act 1996
Nothing in 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).
First Statutes and first Ordinances. -
Notwithstanding anything contained in this Act, the first
Statutes and the first Ordinances of the University shall be
made by the Government.
Provided that the powers under this sub-section shall not
be exercised by the Government after the Senate constituted
in accordance with the provisions of this Act come into
being.
Every first Statute and every first Ordinance 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 sessions, and if, before
the expiry of the session in which it is so laid or the session
immediately following the Legislative Assembly makes any
modification in the first Statute or the first Ordinance, as
the case may be, or decides that the first Statute or, as the
case may be, the first Ordinance should not be made, the
first Statute, or the first Ordinance, 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 any
such modification or annulment shall be without prejudice
to the validity of anything previously done under the first
Statute or the first Ordinance, as the case may be.
109
Kannur University Act 1996
101. Removal of difficulties :
(1) If any difficulty arises as to the first constitution or
(2)
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:
Provided that no order under this sub-section shall be issued
by the Government after the expiry of a period of two years
from the commencement of this Act.
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, before the expiry of the session
in which it is so laid or the session immediately following,
the Legislative Assembly makes any modification in the
order or decides that the order should not be issued, the
order 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 order.
102. Special provision regarding construction of references
(1)
to “Malabar University”, “Malabar University
Ordinance”, and “Malabar University Fund”.-
References to the “Malabar University”, the “Malabar
University Ordinance” or the “Malabar University Fund”
in any Act or in any rule, notification, proceeding, order.
regulation, bye-law or other instrument or document shall
110
(2)
103.
(1)
(2)
Kannur University Act 1996
be construed as references to the “Kannur University”, the
“Kannur University Act” and the “Kannur University
Fund”, respectively.
Where immediately before the date of publication of this
Act in the Gazette any legal proceedings are pending in
which the “Malabar University” is a party, the “Kannur
University” shall be deemed to be substituted for the
“Malabar University” in those proceedings and proceedings
may be continued accordingly.
Repeal and saving. -
The Malabar University Ordinance, 1996 ( 7 of 1996), is
hereby repealed.
Notwithstanding such repeal, anything done or any action
taken under the said Ordinance be deemed to have been
done or taken under this Act.
3 2g 2K 24s 2k 2 2 os 2k 2 2 2 2 2K oe ok
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