Kerala act 005 of 1975 : The Calicut University Act, 1975 (No.5 of 1975)

Date: 2 Apr 1975

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Department of Law

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THE CALICUT UNIVERSITY ACT, 1975

(Act 5 of 1975)

Preamble.

Sections

CONTENTS

CHAPTER I

Preliminary

1. Short title and commencement

2. Defimtwns.

CHAPTER II

The University

3. The University.

4 Territonal hm1ts

5 Powers of the Umversity

6 Umvers1ty open to all classes and creeds.

CHAPTER III

The Chancellor, Pro-Chancellor anit Officers of the University ·t. The Chancellor

8. The Pro-Chancellor.

9 Officers of the Umvers1ty I 0 The VIce-Chancellor.

11. Tihe Pro-VIce-Chancellor

12. The Registrar.

13 The Controller of Exammations H. The Finance Officer.

15. Appointments to be notified.

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CHAPTER IV

Authorities of the University

16. Authorities of the University.

17 Senate

18 Reconstitution of the Senate

19 Powers and functions of the Senate

20. Meetings of the Senate.

21. The Syndicate.

22. Term of office of members of Syndicate.

23 Powers of Syndicate.

24 The Academ1c Council

25. Powers and duties of Acndemic Counctl

26 Faculttes

27. Deans of faculttes

28 Boards of Studies

29. Students' Council

30. Powers and duties of Stttdents' Council

31. Fmance Committee

32 Other authontles of University

33. Disqualifications for Membership.

CHAPTEH V

Statutes, Ordinances, Regulations, Rules and Bye-laws.

34 The Statutes

35 Procedure for makmg Statutes

36 Ordmances

37 Procedure for makmg Ordinnnces

38. Regulations

39 Procedure for makmg Regulations.

40 Rules, Bye-laws and Orders.

41. PublicatiOn m the Gazette.

CHAPTER VI

Election to the Senate, the Syndicate and the other bodies ~· of the University, filling up of vacancies and resignation, removal, etc., of members of authorities and bodies 4,2. Election of members to the Senate, Syndicate and other bod1es of Unrvers1ty.

43 Fillmg up of vacancies

44 Resignatwn or removal of members of any authority or body.

CHAPTER VII

Finance

45 Unrvers1ty Fund.

46 Grant from Government.

47 Annual estimates of mcome and expenditure

48 Annual Accounts.

49 Annual report

50 Audit of accounts of the Unrvers1ty.

CHAPTER VIII

Private colleges and affiliation of colleges

51. Defimtwns

52 Governmg body for pnvate college under unitary management

53 Managmg council for pnvate colleges under corporate management.

54 Appomtment of manager ~)5. Acts or proceedmgs of governmg body or managmg council not to be mvahdated. ~~-:

56 AffiliatiOn of colleges

57 Appomtment of teachers m pnvate colleges

58 QualificatiOns of teachers.

59. Probation.

60. Conditions of service of teacher,; of private colleges.

61. Past disputes relatmg to c:;ervice conditions of teachers

62 Membership of local auth01 ities, etc

63 Non-teaching staff of pl'lvute colleges

64. Transfer of teachers to other Universtties.

65. Crmstitutwn of A}Jpellatc Tnbunal.

66 Bat of JUnsdtctwn of ctvil cou1ts.

67. Private colleges to comply with prov1s10ns of Chapter wtthin stx months

6B Colleges not complymg w1th provtsions of this Act.

CHAPTER IX

Miscellaneous

69 Powers of Government to cause inspection of University

70 Appomtment of Commtssion to mquire into the workmg of University.

71 Powers of Government to mak<' rules.

72 Cond1t10ns of servtce

73. Pens10n, insurance and provident fund

74. Proceedmgs of the Umversity nnd bodtes not to be invahdated by vacanc1es.

75. Proceedings of the Sennt£>, Syndtcate and AcademiC Council

76 Dispute as to constttutJon of Untverstty authonty or body '

77 Report on affihated colleges

78 Protection of acts and orclers.

79 Instltutwns affiliated to University (. 80. Registered graduates

81 Trans1tory provisions

82 F1rst Statutes and Ordmances.

83. Repeal and saving 3f24A--2

THE CALICUT UNIVERSITY ACT, 1975• (Act 5 of 1975)

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

P,reamble.-WHEREAS 1t 1s expedient to reorganise the Umvers1ty of Cahcut with a view to establishmg a teaching, res1dent1al and affiliating Umversity for the northern d1stricts of the State of Kerala ;

BE it enacted in the Twenty-sixth Year of the Republic of Ind1a as follows :-

CHAPTER I

Preliminary

1. Short title and commencement.-(1) This Act may be called the Calicut Umversity Act, 1975

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(2) Section 64 shall come into force on such date as the Y Government may, by notification in the Gazette, appoint, and tre other provisions of this Act shall be deemed to have come mto force on the 9th day of September, 1974.

2. Definitions.-In th1s Act, unless the context otherwsie requires,-

(!) "Academic Council" means the Academic Council of the Bmversity;

(2) "affiliated college" means a college affihated to the University m accordance w1th the p1'ov1sions of this Act and the Statutes and m which instruction 1s provided in accordance w1th the provisions of the Statutes, Ordinances and Regulations;

(3) "annual meeting" means one of the ordinary meetmgs of the Senate held every year under sub-sectwn (1) of section 20 and declared by the Statutes to be the annual meeting of the Senate;

(4) ''Appellate Tribunal" means the Appellate Tnbunal constituted under sub-section (1) of section 65; --------------------------

.. Received the assent of the Governor on the 2nd day of April, 1975 and published m the Gazette Extraordmary No.l69 dated 2nd April 1975.

(5) "Board of Stud1es" means a Board of Studies of the University ;

(6) "Chancellor" means the Chancellor of the Umvers1ty ;

(7) "college" means an mstitutwn mamtamed by, or affiliated to, the UmversJty, m which mstructwn is provided Ill accordance With the provisions of the Statutes, Ordmances and Regulatwns ,

(8) "department" means a department designated ns such by the Ordmances or RegulatiOns With reference to a subject or group of subjects,

(9) ''educatiOnal agency" means any person or hody of persons who or which establishes and maintams a private college or more than one pnvate college ,

(10) "faculty" means a faculty of the Umversity ;

(11) "Government college" means a college mamtained by the Government and affiliated to the Umversity ;

(12) "hostel" means a umt of res1dence for the students of the Umversity or the colleges or mstltutwns mamtamed by, or affiliated to, the Umversity m accordance with the provisiOns of this Act or the Statutes or Ordmances ,

(13) "non-teachmg staff" of the Umversity or a college means the employees of the Umvers1ty or thot college, other than teachers ,

(14) "prescribed" means prescnbed by th1s Act, or the Statutes, Ordmances, RegulatiOns, rules or bye-: nws made thereunder ,

(15) "prmcipal" means the head of a college,

(16) "pnvate college" means a college mamtnined by an educatiOnal agency other than the Government or the Umversity and affihated to the Umvers1ty,

(17 "Pro-Chancellor" means

University ;

(18) "Pro-VIce-Chancellor"

Chancellor of the University; the Pro-Chancellor of the means the Pro-Vice-

(19) "recogmsed msbtut10n" means un instttut10n for research or special studies, other than an affiliated college, recogmsed as such by the UniVersity ,

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(20) "registered graduates" means graduates registered under the provtswns of this Act and the Statutes and mcludes graduates deemed to be registered graduates;

(21) "Senate" means the Senate o± the Umversity;

(22) "State" means the State of Kerala,

(23) "Statutes", "Ordinances", "Regulatwns", "bye-laws"

and "rules" means respectively the "Statutes'', "Ordinance:-.",

"Regulahons", "bye-laws" and "rules" of the University,

(24) "student" means a part-tlme or full-hme student receivmg mstructwns or carrymg on research 111 any of the colleges or recogmsed mstltutwns ,

(25) "Students' Counctl" means the Students' Counctl of the University ,

(26) "Syndicate" means the Syndtcate of the Umversity;

(27) "teacher" means a prmctpal, professor, assoctate professor, asststant professor, reader, lE>cturer, mstructor, or such other person tmpartmg mstructwn or supervismg research m any of the colleges or recogmsed mstltutlons and whose appomt- ment has been approved by the Umverstty ;

(28) "teacher of the Umverstty" means a person employed Y ~ as teacher in any mstltutwn mamtamed by the Untverstty ;

(29) "Umverstty'' means the Universtty of Calicut consti- tuted under thts Act ;

(30) "Umverstty area" means the area to whtch the jurisdictwn of the Umverstty extends under sub-section {1) of section 4;

(31) "Universtty Fund'' means the Cahcut Umverstty Fund established under sub-sectwn (1) of sectwn 45,

(32) "Vtce-Chancellor" means the Vice-Chancellor of the Umverstty,

CHAPTER II

The University

3 The University.-(!) The Chancellor, the Pro-Chancellor the Vice-Chancellor, the Pro-Vice-Chancellor, tf any, and the members of the Senate, the Syndtcate and the Academtc Counctl, for the ttme bemg, shall constitute a body corporate by the name of the Umversity of Cahcut

(2) The Umvers1ty shall have perpetual successwn and a common seal, and shall sue and l>c sued by the sa1d name.

4. Territorial limits.-(1) The JUrlSdlcbon of the Umvers1ty shall extend to the revenue districts of Cannanore, Kozh1kode, Malappuram, Palghat and Tnchur of the State ;

(2) No educatwnal mstltution situated beyond the tern- tonal hmits of the Umvers1ty shull, snve w1th the sanction of the Chancellor and the Government, be affiliated to the Um- verslty and no educatwnal mstituttou Withm the terntonal hm1ts of the Umvers1ty shall, suvc w1th the sanctwn of the Chancellor and the Gotvernment, seek or contmue affillatwn to any other Umvers1ty establlshcd by luw

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

(I) to provide for mstructwn and trainmg m such branches of learmng as the Umvers1ty may deem fit, and to make prov1sion for research and for the advancement and d!s- semmatwn of knowledge;

(u) to mstttute degrees, titles, diplomas and other academic distmctwns ,

(m) to hold exammatwns and to confer degrees and bther academic distmctwns on persons who-

(a) shall have pursued a p1 escnbed course of study m a college under the Umversity, unless exempted therefrom m the manner prescnbed, and shall have passed the prescnbed exammation ; or

(b) shall have earned on 1 esearch under prescnbed cond1t10ns and wh1ch has been duly !!Valuated ; (Iv) to confer honorary degrees or other distinctiOns on d1stmguished persons m accordance w1th the conditions to be prescnbed m the Statutes,

(v) to grant diplomas, certlficntes or other distmctwns to persons who shall have pursued a prescnbed course of study under prescnbed cond1t1ons ;

(vi) to withdraw or cancel degrees, titles, dtplomas, certificates or other dtstinctwns under condttwns that may be prescribed by the Statutes, after gtvlng the person affected a reasonable opportunity to present his case ;

(vn) to supervtse and control the restdence and dtscipline of students of the Umverstty, colleges and recogmsed mstitu- tions and to make arrangements for promotmg thetr health and generai welfare ,

(vin) to recogmse hostels whtch are mamtamed by bodtes other than the Umverstty and to wtthdraw such recogmtwn, (tx) to exerctse such control over the students as wtll ensure thetr phystcal and moral well-bemg;

(x) to constitute a Board to entertam and lf tt thmks fit to adJudtcate and to redress any gnevances of the students of colleges, who may for any reason be aggneved otherwise than by an act of the court ;

(xt) to fix the fees payable to the Umverstty and to demand and recetve such fees ,

txti) to fix and regulate, w1th the prevtous sanction of the Go;vernment, the fees payable m colleges and recogmsed institutions affiliated to the Umvers1ty ,

(xm) with the prevwus sanctwn of the Government, to regulate the emoluments and pattern and to prescnbe the dut1es and condttwns of serv1ce of teachers and non-teachmg staff m pnvate colleges ;

(xtv) to hold and manage endowments and bursanes and to mshtute and award fellowships, scho:arshtps, studentsh1ps, medals and prtzes and to orgamse exhtbttwns ,

(xv) to mstltute and prov1de funds wherever necessary for the maintenance of-

(a) a Students' Advtsory Bureau ;

(b) an Employment Bureau,

(d) Umvers1ty Athletic Clubs,

(e) the Natwnal Cadet Corps,

(f) the National Servtce Corpc;,

(g) Umverstty Extenswn Boards,

(h) Students' Cultural and Debatmg Soctettes ;

(t) a TranslatiOn and Publlcatwn Bureau ; and

(J) co-operattve societies and other stmtlar mshtutwns for promotmg the welfare of students and employees of the Vmvers1ty ;

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(xvi) to co-operate wtth other Umversitles or any autho- ntles or assoctatwns m such manner nnd for such purposes as the Umversity may deterrrune;

(xvu) to do all such other nets ond things, whether m- ctdental to the powers aforesatd or not, as may be requistte in order to further the objects of the Universtty as a teachmg and examinmg body, and to cultivate nnd promote arts, sctence and other branches of learmng ,

(xvili) to take and hold any property, movable or un- movable, whtch may become vested m it for the purpose of the Universtty by purchase, grant, testamentary dispos1t10n or otherwise and to grant, dem1se, uhenntc or otherwise dispose of all or any of the properties belonging to the Umvers1ty and also to do all other acts mctdentnl or appertaming to a body corporate;

(x1x) to direct, manage and control all Immovable and movable properties transferred to 1he Umversity by the Government ;

(xx) to co-ordmate, supervise, regulate and control the conduct of teaching and research worlc m the affiliated colleges and the mstltutwns recogmsed by the Umversttj';

(xxi) to define the powers ond rlutles of the officers of the Umvers1ty other than the Vice-Chnncellor; (xxil) to provide for the inspection of affiliated colleges and to tssue such dtrectwns as the University may deem fit; (xxli1) to establish. mamtain and manage colleges, mstl- tutes of research and other mstitut10nR of htgher studies , (xx1v) to affiliate to Itself colleges in accordance wtth the proviSIOns of this Act and the Statutes, Ordmances and Regula- tions and to withdraw affihat10n of colleges;

(xxv) to mst1tute professorship!!, readerships, lecturer- ships and any other teachmg and resenrch posts required by the Umvers1ty and to appomt persons to such professorships, readerships, lecturerships and other tenching and research posts ; (xxv1) to establish, mamtain and manage hostels ;

(xxvit) With the prevwus 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 secunty and rate of mterest, to borrow any sum of money from the Central Government, any oth~r Government, the Umvers1ty Grants CommiSSion or any other mcorporated body , and (xxvui) generally to do such other acts as may be required to further the aims and purposes of this Act.

6. University open to all classes and creeds.-(1) No person shall, on grounds only of rehgwn, race, caste, sex, descent, place of birth, res1dence, language, poht1cal opmwn or any of them, be mehgible for, or discnmmated agamst, m respect ot any employment or office under the Umversity or membership of any of the authonties or bodies of the Umversity or admis- sion to any degree or course of study in the Umversity · Provided that the Umversity may, m consultatiOn With the Government, affiliate any college or recogmse any msbtutwn, exclusively for women, either for educatiOn, instructiOn or residence, or reserve for women or members of socially and educationally backward classes or of Scheduled Castes or Scheduled Tribes, places for the purpose of admisston as students m any college or mst1tutwn mamtamed or controlled by the Umversity.

(2) In makmg appomtments by direct recruitment to posts m any class or category m each department under the University or to posts of non-teachmg staff m the Umversity, the University shall mutatis mutandts observe the proviswns of clauses (a), (b) and (c) of rule 14 and rules 15, 16 anrl 17 of the Kerala State and Subordmate Services Rules, 1958, as amended from time to time.

CHAPTER III

The Chancellor, Pro-Chancellor and Officers of the University

7 The Chancellor.-(1) The Governor of Kerala shall, by virtue of his office, be the Chancellor of the Umversity

(2) The Chancellor shall be the head of the Umversity and shall, when present, preside at meetmgs of the Senate, and at any convocation of the Umversity.

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(3) The Chancellor may, by order in writmg, annul any proceedmg of any of the authonttes of the Uruversity whtcn Is not m conformtty w1th this Act, the Statlltcs, the Ordmances, ~~ the Regulatwns, the rules or the bye-laws:

Provtded that, before makmg any such order, the Chan- cellor shall call upon such authonty to show cause -why such an order should not be made and consider the cause, lf any, shown by such authonty wtthm a reasonable time

(4) The Chancellor shall, when un emergency arises, have the nght to suspend or dtsmtss any of the authontles ot the Umvers1ty and to take measures for the mtenm admtmstra- twn of the Umversity

(5) Every proposal ~or the confrr men\ of an honorary degree shall be subJect to confirmation by the Chancellor.

(6) An appeal shall lie to the Ch

(7) An appeal unde-r sub-sectwn (6) shull be filed wtth- Y 111 sixty days from the date of service of the order of dtsmissal , on the person concerned

(8) The Chancellor :::.h

{9) The Chancellor shall have powet to remove the Vtce-Chancellor or the Pro-Vtce-Chancellor from office by an order m wntmg on charges of m1sappropna1 ion or mismanage- ment of funds or misbehaviour

Provtded that such charges are proved by an enqutry conducted by a person who IS or has been a judge of the Htgh Court or the Supreme Court appomted by the Chancellor for the purpose .

Provided further that the VIce-Chancellor or the Pro- VIce-Chancellor shall not be removed under this sectwn unless he has been given a reasonable opportumty of showmg cause agamst the action proposed to be taken agmnst him

(10) 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 Mm1ster for the time being adnnmstenng the subJect of educatwn m the State shall be the Pro-Chancellor of the Umvers1ty.

(2) In the absence of the Chancellor or durmg h1s in- J- ablllty to act, the Pro-Chancellor shall exercise all the powers and perform all the functwns of the Chancellor.

9 Officers of the University.-The followmg shall be the officers of the Umvers1ty, namely.-

(i) the VIce-Chancellor ,

(u) the Pro-VIce-Chancellor,

(m) the Reg1strar , (Iv) the Controller of Examinatwns,

(v) the Fmance Officer; and

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

10 The Vice-Chancellor.-(1) The VIce-Chancellor shall be appomted by the Chancellor on the unammous recommenda- tion of a Comm1ttee appomted by h1m cons1stmg of three members, one elected by the Senate, one nommated by the Chmrman of the Umvers1ty Grants Comm1SS10n and the third nommated by the Chancellor. The Chancellor shall appomt one of the members of the Comm1ttef> to be its convener The Comm1ttee shall make 1ts recommendatwn w1thin a period of three months of 1ts appomtment.

(2) In case the Committee appomted under sub-section

(1) 1s unable to recommend a name unammously, the VIce- 'Chancellor shall be appomted by the Chancellor from among the panel of three names submttted to him by the ComiDlttee withm the penod speclfied m the precedmg sub-sectwn.

(3) In case the Committee fa1ls to make a unammous recommendatiOn as prov1ded m sub-section (1) or to subm1t a panel as prov1ded m sub-sectwn (2), each member of the Com- mittee may subm1t a panel of three names to the Chancellor, and the VIce-Chancellor shall be appomted from among the ./· persons mentioned m the panels

(4) Non-submi5SIOn of the panel under sub-sectwn (3) by any member of the Commtttee shall not mvahdate the ~ppointment of the VIce-Chancellor

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(5) No person who is more than sixty years of age shall be appomted as VIce-Chancellor

(6) The VIce-Chancellor shall hold office iur a term of four years from the date on which he enters upon his office and shall be eligible for reappomtment:

Provided that a person shall not be appomted as VIce- Chancellor for more than two terms.

(7) The VICe-Chancellor shall receive such remunera- tiOn as may be fixed in this behalf by the Chuncellor.

(8) The VIce-Chancellor shall be the prmcipal academic and executive officer of the University

(9) The VIce-Chancellor shall be the Chairman of the Senate, the Syndicate, the Academic Council, the Students' Council and the Fmance Comm1tt<•e and shall be entitled to be present at and to address nny meetmg of any authonty of the Umversity, but shall not be entitled to vote thereat unles1:. he is a member of the authority concerned

(10) In the event of equality of votes at any meetmg of the Senate, the Synd1cate or the Academ1c Counc~l or of any other authonty, at wh1ch the V1ce-Chuncellor IS the Chairman, he shall have and exercise a castmg vote.

(11) It shall be the duty of the Vice-Chancellor to ensure that the provisions of this Act, the Statutes, the Ordmances, the Regulations, the rules and the bye-laws are faithfully observed and earned out, and ho shall have all powers necessary for thiS purpose

(12) The VIce-Chancellor shall have the right of VlSltmg and inspectmg colleges and other insbtuttons main- tamed by, or affiliated to, the Umvers1ty.

(13) If at any time, except when the Syndicate or the Academ1c Council Is 1n sessiOn, the VIce-Chancellor 1s satisfied that an emergency has arisen requiring lnm to take immed1ate action mvolvmg the exercise of any power vested in the Syndi- cate or the Academ1c Counc1l by or under lh1s Act, the Vice- Chancellor may take such actton as he deems fit, and shall, at the next sess10n of the Synd1cate or the Academic Council,

as the case may be, report the action taken by him to that authonty for such actwn as It may consider necessary.

(14) SubJect to the provlSlons of the Statutes and the Ordmances, the VIce-Chancellor shall have power to appomt, susp€nd, d1sm1ss 01' otherwise pumsh any member of the esta- bhshment of the Umversity below the rank of Deputy Registrar. Provided that he may delegate any of h1s powers under this sub-sectwn to the Pro-VIce-Chancellor or the Reg1strar

(15) The VIce-Chancellor shall have power to convene meetmgs of the Senate, the Syndicate, the Academic Council and any other authontles of the Umvers1ty

(16) It shall be the duty of the VIce-Chancellor to see that the proceedmgs of the Umvers1ty are carried on in accm dance with the provis10ns of this Act, the Statutes, the Ordmances, the RegulatiOns, the rules, and the bye-laws and to report to the Chancellor every proceedmg which IS not m conformity w1th such proviSIOns

(17) The V1ce-Chancellor shall exercise such other ·"v' powers and perform such other functions as may be prescnbed by the Statutes.

(18) In the event of a temporary vacancy occurrmg m the office of the VIce-Chancellor, or where the VIce-Chancellor 1s temporanly absent, the Chancellor shall make necessary arrangements for exercising the powers and performing the duties of the V1ce-Chancellor.

(19) In the event of a permanent vacancy occurrmg in the office of the V1ce-Chancellor, the Chancellor shall imtiate actiOn for the appomtment of the VIce-Chancellor w1thm one month of the occurrence of the vacancy and pending such appomtment make necessary arrangements for exerc1smg the powers and performmg the duties of the VIce-Chancellor

11 The Pro-Vice-Chancellor -(1) The Chancellor may, _,_. if he considers 1t necessary, appomt a Pro-Vice-Chancellor m consultatwn w1th the VIce-Chancellor

- - - ·(2r No person who IS more than fifty-siX years of age shall be appomted as Pro-VIce-Chancellor.

(3) The Pro-VIce-Chancellor shall be a whole-time salaried officer of the Umversity.

(4) The Pro-VIce-Chancellor shall hold office for a term of four years and shall be ehg1 ble for re-appointment

(5) The salary and other conditions of service of the Pro-VIce-Chancellor shall be determmed by the Chancellor

(6) Subject to the prov!Slons of this Act, and the Statutes, Ord'mances and Regulations, the powers and functions of the Pro-Vice-Chancellor shall be determmed hy the Chan- rellor in consultatiOn with the Vice-ChancellOJ

12 The Registrar -(1) The Registrnr shnll be a whole- time salaned officer of the University and shall be appointed by the Syndicate for such perwd and on such terms as may be prescnbed by the Statutes

(2) The Registrar shall exercise such powers and per- form such duties as may be prescnbed by the Statutes

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

13 The Controller of Examinations -( 1) The Controller of Exammations shall be a whole-time salm Ifld officer of the Umvers1ty and shall be appointed by the Syndicate for such period and on such terms as may be prescribed by the Statutes

(2) The Controller of Exammations shnll exercise such powers and perform such duties as may be prescribed by the Statutes

14 The Finance Officer.-(1) The Fmnnce Officer shall be a whole-time salaried officer of the University and shall be appomted by the Syndicate for such penod and on such terms as may be prescnbed by the Statutes.

(2) The Finance Officer shall exerci~e such powers and -4.... perform such duties as may be prescribed by the Statutes

15. Appointments to be notified.-The appointments of the Vice-Chancellor, the Pro-Vice-Chancellor, the Registrar, the Controller of Examinations and the Finance Officer shall be m~~rfied in the Gazette

CHAPTER IV

Authorities of the University

16. Authorities of the University.-The followmg shall be the authontles of the Umvers1ty, namely .-

(I) the Senate ,

(ii) the Syndtcate ;

(iii) the Academic Council ;

(iv) the Faculties ;

(v) the Boards of Studies ;

(vi) the Students' Council ;

(vii) the Finance Comm1ttee , and

(viii) such other boards or bodies of may be declared by the Statutes to be Umversity.

the University as

authonties of the

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17 Senate.-The Senate shall consist of the following members, namely

Ex-Officio Members

(1) The Chancellor.

(2) The Pro-Chancellor.

(3) The VIce-Chancellor. ( 4) The Pro-Vice-Chancellor

(5) The Finance Secretary to Government or an officer not below the rank of Joint Secretary nominated by him.

(6) The Director of Public Instruction

(7) The Dtrector of Collt>gtate Education 4- I

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(8) The Secretary to Government, General Education )-

(9) The Secretary to Government, Higher Education

(10) The Director of Technical Education

(11) The Chatrman, State Advisory Board of Education

(12) The Mayor of Calicut.

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(13) Seven heads of University departments who are not otherwise members of the Senate, to be nominated in the order of seniority by the Chancellor by rotation.

(14) Four Deans o£ the Faculties of the University who are not otherwise members of the Senate, to be nommated in the order of seniority by the Chancellor by rotation.

(15) The Chairman of the University Union.

Elected Members

(1) Seven principals elected from omong themselves, of whom two shall be from among principals of Government colleges, one from among principals of professional colleges and one from among principals of junior colleges.

(2) Twenty members, not being il!achers, elected by the registered graduates from among themselves, of whom one shall be a member of a Scheduled Caste and one shall be a member of a Scheduled Tnbe.

(3) Six members elecled by the members of the Legi- slative Assembly of Kerala from among the members repre- senting the electorate of the University area, of whom one shall be a member of a Scheduled Cn<;te nnd one shall be u member of a Scheduled Tnbe

(4) Three members elected by the teachers of the Univer- sity from among themselves.

(5) Ftve members elected by the teachers of Govern- ment colleges from among themselves.

(6) Stxteen members elected by the teachers of private colleges from among themselves.

--4.. (7) One member elected by the members of the local authorities of each distr1ct in the University area from among themselves

(8) Two members elected by the registered trade unions in the Universtty area designated by Statutes, from among their members.

(9) One member elected by the members of the non- teaching staff of the Umversity from among themselves

(10) Three members elected by the members of the 1 non-teachmg staff of 1i1e affiliated colleges from among them- selves, of whom one shall be a member of the non-teachmg staff of a Government college.

( 11) Four mem hers elected by the managers of the pn- vate colleges m the Umvers1ty area from among themselves

(12) Ten members elected by the members of the General Council of the Umversity Umon from among full-t1me students, of whom one shall be a post-graduate student, one :hall be a research scholar, one shall be the student of a pro- fessiOnal college and one shall be a lady student Other Members

(1) Two headmasters of H1gh Schools and two teacher~ of schools, Situated withm the Umversity area, nommated by the Chancellor. y

(2) Not more than e1ght members nominated by the Chancellor representing (i) recogmsed research mstitutwns;

(u) recognised cultural assoc1atwns; (m) chambers of com- merce, (Iv) mdustries; (v) authors; (vi) 1ournahsts, (vn) law- yers; and (viu) sports

(3) Two members representmg linguistic mmontles in the Umversity area nommated by the Chancellor-one repre- senting Tam1l speakmg people and one representmg Kannada speakmg people

(4} Four students nommated by the Chancellor, one havmg outstanding academic ab1hty in humamties, one havmg ' outstandmg ability in sc1ence, one having outstanding ab1lity in sports and one havmg outstandmg ability m fine arts

18. Reconstitution of the Senate.-(1) The Senate shall be reconstituted every four years

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(2) The term of office of any member referred to m items (13) and (14) under the heading "Ex-Officio Members"

in section 17 shall be two years from the date of h1s nomination.

(3) Every member of the Senate, other than ex-officio members, shall, subJect to the provtswns 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 n particular office shall hold office for a longer penod than three months after he has ceased to be such member or holder of such office, unless m the meanwhile he agam becomes a mem- ber of that electorate :

Provided further that where an elected or nominated member of the Senate Is appomted temporarily to any office, by virtue of which he IS entitled to be a member of the Senate ex-officio, he shall, by notlce m w1 itrng stgned by h1m and commumcated to the VIce-Chancellor wtthm seven days from the date of h1.s takmg charge of h1s appointment, choose whether he will contmue to be a member of the Senate by virtue of his flection or nominatiOn 0r whether he w1ll vacate office of such member and become a member ex-officio by virtue of his appointment, and such choice shall he final :

Prov1ded also that the term of office of a member referred to in 1tem (12) under the headmg "Elected Members" m section 17 or of a member referred to m Item (4) under the heading

"Other Members'' m that sectiOn shnll be one year from the date of his election or nommat10n, as the case may be

(4) On fatlure of a member 1o make the chotce under the second provtso to sub-sectiOn (3), he shall be deemed to have vacated his office as an elected or nommated memhet

(5) When a person ceases to be a member of the Senate, he shall cease to be a member of any of the authonties of the Umversity of whtch he may happen to be a member by virtue of his membership of the Senate.

19 Powers and functions of the Senate.-The SPnate shall be the supreme authority of the Umverstty and shall have the power to review the actwn of the Syndicate and tl~e Academic Council save where the Syndicate or the Academtc Council has acted m accordance with the powers confer. ed upon it under this Act. the Statutes. the Ordmances or t hcr Regulatwns, and shall exercise all the powers of the UniversitJJ not otherwise provided fur by th1s Act or the St~tutes. 3/24A-3

Provided that if :my question arises as to whether the Syndicate or the Academic Council has acted in accordance With such powers as aforesaid or not, the question shall be decided by the Chancellor and his decision shall be final

(2) Save as otherwise expressly provided In this Act, the Senate shall have the followmg powers, namely·-

(a) to determme what degrees, diplomas and other academic distmctwns shall be granted by the Umversity;

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

(c) to cancel or amend by a maJonty of the total membership of the Senate and by a maJority of not less than two-thirds of the members present and votmg, any Ordmance passed by the Syndicate or any Regulation passed by the Aca- demic Council'

Provided that no Regulation shall be cancelled or amend- ed by the Senate without givmg the Academic Council an opportumty to state Its opinion on the proposed cancellatwn or amendment;

(d) to institute fellowships, scholarships, student- ships, bursaries, medals and pnzes and orgamse exhibitions in accordance with the proviSions of this Act and the Statutes, Ordmances and Regulations ;

(e) to institute professorships, readerships, lecturer- ships and such other teaching or research posts as It may deem necessary;

(f) to establish and maintam such institution as it may from time to time deem necessary ;

(g) to prescribe With the previous concurrence of the Government the terms and conditiOns of service of the em- ployees of the University ;

(h) With the previOus concurrence of the Govern- ment, to regulate the emoluments and prescnbe the duties and condi1IOns of service of teachers and non-teaching staff m pnv~te colleges;

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(i) to rev1ew and take such action as it may deem fit on the annual report and the annual accounts of the Univer- sity wh1ch shall be placed before it by the Synd1cate and to cons1der and pass the budget according to the prov1s1ons of the Statutes;

(j) to cancel any degree, diploma, title or any other distinction granted to any person m accordance w1th the provi- ·"IOns of the Statutes ;

(k) to appomt comm1ttees and to delegate to them such functiOns of the Senate as 1t may deem fit ;

(1) to make Statutes regulatmg the method of elec- tion to the authonties of the Umversity, the procedure at the meetmgs of the Senate. the Synd1cate and other authontie:-; or the Umvers1ty and the quorum of members reqmred for th<> transactiOn of busmess by the autho1 illes of the Umversity other than the Senate ;

(m) to recommend to the Government the reccg'lillon of any local area withm the Umversity area as a Umver~1ty centre;

(n) to co-operate with other Umvers1ties and other authorities in such m

(o) to exercise such other powers and perform such other functwns as may be assigned to It by this Act and tl'e Statutes.

20 Meetings of the Senate.-(1) The Senate shall meet at least once m four months on dates to be fixed by Lhe VlC'e- Chancellor and one of such meetmgs shnll be called the ann11al meetmg

(2) One-fifth of the total number of members of the Senate shall be the quorum for a meeting of the Senate Prov1ded that such quorum shall not be reqUired for .::; convocatiOn of the Umversity or a meeting of the Senatl' lwlcl for the purpose of confernng degrees, t1tles, diplomas or othe1 distmctions

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(3) The VIce-Chancellor may, whenever he thinks fit and shall, withm thirty days of the receipt of a requisition in wntmg signed by not less than one-fourth of the total number of members of the Senate, convene a special meeting of the f Senat,e.

(4) When a !>pecial meeting IS convened on requisitiOn, no subJect other than that shown m the requisition shall be considered at the meeting

21. The Syndicate -The Syndicate shall be the chief exe- cutive body of the University and shall consist of the following members, namely:-

Ex-Officio Members

(a) The VIce-Chancellor

(b) The Pro-VIce-Chancellor.

(d) The Director of Public Instruction f

(e) The Director of Collegiate Education Other Members

(a) Twelve members elected by the Senate from among themsf·lves, of whom (I) SIX shall be persons who are not teachers, (n) two shall be principals of first grade colleges, of whom on= shall be the principal of a Government college, and (ui) four shall be teachers who are not pnnc1pals, of whom one shall be a Umversity teacher and one shall be a teacher of a Government college.

(b) One member elected by the Senate from among the members referred to-

(i) m ttem (15) under the headmg "Ex-Officio Members"'; )-

(n) m Item (12) under the headmg "Elected Members", and

(ili) in item (4) under the headmg "Other Members" m section 17.

22. Term of office of members of Syndicate.-Mcmbers of the Syndicate, other than ex-officio members, shall hold office for a term of four years from the date of their election . Provided that no person elected m h1s capac1ty as a mem- ber of a part1cular body or as the holde1 of a particular office shall be a member of the Syndicote for a longer penod than three months after he has ceased to be such member or holder of such office unless m the meanwhile he agam becomes a member of that electorate or the holder of that office :

Provided further that the member referred to m 1tem (b) under the headmg "Other Members" in sectwn 21 shall hold office for a perwd of one year from the date of his electwn or till he ceases to be a member of the Senate, whichever 1s earller:

Provided also that on person other than an ex-ofticio member shall be eligible to hold office fur more than two terms m succession.

23. Powers of Syndicate.-Subject to the provisions of thts Act and the Statutes, the executive powers of the Umversity mcludmg the general supenntendence and control over the instltutwns of the University shall be vested in the Syndicate and subJect likewise the Synd1cate shall have the followmg powers, namely :-

(t) to affiliate mshtuhons m accordance wtth the term:> and cond1t10ns of such affihation prescribed m this Act and the Statutes ;

(11) to make Ordmances and to amend or repeal the same ; (1il) to propose Statutes for the consideration of the Senate;

(1v) to hold, control and admtmster the properties and funds of the Umvers1ty ;

(v) to direct the form, custody and use of the common seal of the University ;

(v1) to arrange for and dtrect the mspect10n of college5, hostels and other mshtutrons and to constitute a Doard oi Inspection for that purpose ;

(vii) lo establish, mamtam and manage colleges and institutes of research and other mstrtutwns of hrgher learmng as rt may from time to trme deem necessary, (vm) to appomt teachers and other employees of the Umversrty and prescnbe their duties,

(rx) to create admrmstratrve, mrmstenal and other neces- sary posts;

(x) to suspend, discharge, dismiss or otherwise take ary diSCiplinary act10n agamst teachers and other employees of the Umversity after givmg them reasonable opportumty to defend the1r posrt10n;

(xi) With the prevwus sanctiOn of the Government, to fix and regulate the fee payable by students m colleges affiliated to the Umversrty;

(xu) to award fellowships, scholarships, studentships, bursaries, medals and pnzes ,

(xiu) to exercise supervision and control over the residence and dJsc1plme of students,

(x1v) to consider the financial estimates of the Umvers1ty and subm1t them to the Senate in accordance w1th the provisions of the Statutes made m this behalf ,

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

(xvi) to appoint members to the Boards of Studies , (xvli) to approve panel of exammers and to fix their remuneration ;

(xviu) to approve the appointment of teachers in private colleges:

(xix) to delegate any of rts powers to the Vice-Chancellor or to a committee appomted from among its members,

(xx) to arrange for and direct the mvestigation into the affa1rs of pnvate colleges, to Issue instructiOns for mamtammg their efficiency, for ensurmg proper conditiOns of employment of members of their starr and payment of adequate salanes to them, and m case of disregard of such mstructwns to modrfy the cond!tiOns of affiliatiOn or recogmtwn or take such other steps cu, it deems proper in that behalf ;

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(xx1) to withhold or cancel the result of any candidate at any Umversity exammatwn,

(xxn) to accept endowments, bequests, donatwns and transfers of any movable and Immovable properties to the Umversity on Its behalf, provided that all such endowments, bequests, donatwns and transfers shall be reported to the Senate at Its next meetmg ;

(xxm) to exercise the powers of the Umversity under clause (xxvn) of section 5 ;

(xxiV) to exercise such other powers and perform such other duties as may be prescnbed by this Act, the Statutes, the Ordmances, the rules, the bye-laws and the orders.

24. The Academic Council.-(1) The Academic Council shall be the academic body of the Umversity.

(2) The Academic Council shall, subJect to the provi- sions of this Act and the StatutP.s, have the control and general regulatiOn, and be responsible for the mamtenance of standards, of mstructwn, educatiOn and exammatwns withm the Umver- Sity, and' shall exercise such other powers and perform such other duties as may be conferred or imposed upon It by the Statutes.

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

(a) the VIce-Chancellor;

(b) the Pro-VIce-Chancellor ;

(d) the Director of Technicnl EducatlOn;

(e) the Director of Collegiate Education;

(f) the Director of Research and Studies ;

(g) the Director of Physical Education ;

(h) the Deans of Faculties ;

(I) the General Secretary of the University Union;

(J) all the Heads of Umversity Departments of study and research, who are not Deans of Faculties;

(k) all members of the Syndicate who are not other- wise members of the Academic Council ;

(1) five members (other than Deans of Faculties) of whom at least one shall be the prmcipal of a. Government professwnal college, elected by the pnncipals of professwnal colleges from among themselves ;

(m) seven members (other than Deans of Facult1es) of whom at least one shall be the pnnc1pal of a Government College, elected by the prmcipals of first grade colleges, other than colleges of onental languages, from among themselves,

(n) two members (other than Deans of Faculties) elected by the prmcipals of JUmor colleges from among themselves ,

(u) the princ1pal of a college of onental languages, not bemg a Dean of Faculty, nommated by the Chancellor by rotation accordmg to semonty , ' (

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(p) one member each of every subject of study (not bemg a Dean of Faculty or head of a Umversity department or pnnclpal) elected by the teachers r·

,>f that subJect from among themselves;

(q) one headmaster and one teacher of secondary school m the Umversity area nommated by the Chancellor ;

(r) one member representmg each faculty, elected by the full-tlme post-graduate students of the faculty from among themselves;

(s) five external experts to be nommated by the Chancellor

1 4) Members of the Academic Council, other than the members specified m clauses (a) to (g) of sub-sectwn (3), shall hold office for a term of four years from the d'ate of the1r J-

appomtment 01 nommat10n, as the case may be :

Provided that a person who has become a member of the Academic Council m the capac1ty of a student shall cease to hold office on h1s ceasmg to be a student.

25. Powers and duties of Academic CounciL-Subject to the provisions of this Act and the Statutes the Academic Council shall have the followmg powers, duhes and functwns,

"-. namely ·- -t

(I) to advise the Senate and the Synd1cate on all academic matters,

(11) to make RegulatiOns and to amend or repeal the same;

(m) to prescnbe the courses of studtes m the mstttutions mamtamed by, or affiliated to the University , (Iv) to prescnbe the qualificatiOns of teachers-

(a) m colleges, and

(b) m the mstitutwns mamtamed by the Umversity,

(v) to prescnbe the qualificatwns for admiSSIOn of students to the vanous courses of studies and to the examina- tions and the conditiOns under which exemptiOns may be granted,

(v1) to make provtsion for the admiSSion of students to the vanous courses of studies on the ba!>IS of ment, m order to mamtam standards of educatiOn ,

(vu) to make proposals for the mc;tructwn and trammg m such branch~s of learmng as 1t may thmk fit; (vm) to make proposals for research and advancement and disseminatiOn of knowledge,

(ix) to make proposals for the institution of professor- ships, readerships, lecturersh1ps and other teachmg and research posts reqUired by the Umversity ;

(x) to make proposals for the mstitutwn of fellowships, travellmg fellowships, scholarships. studentships, medals and pnzes;

(xi) to make proposals for determmmg what degrees, diplomas and other academic d1stmctions shall be granted by the University;

(xu) to dectde what exammatwns of other Universities may be accepteJ as equivalent to those of the Umverstty and to negotiate w1th other Umversttles for the recogmtwn of the exammatwns of the Umverstty ,

(xm) to arrange for the co-ordmatwn of studtes and teachmg m affihated colleges and recogmsed mstttutwns; (xtv) to exerctse such other powers and perform such other duties as may be conferred or 1mposed on It by th1s Act or the Statutes, Ordmances, Regulations, rules or bye-laws.

26 Faculties.-(1) The Umver!:ttty may have such faculties as may be prescnbed by the Statutes from time to ttme

(2) Each faculty shall, subJeCt to the control of the Academic Counc1l, have charge of the teachmg and the courses of study and research m ~uch subJects as may be assigned to such faculty by the Ordmances or Regulatwns

(3) Each faculty shall consist of-

(a) the Cha1rmen of the Boards of Studies compnsed )-' m the faculty ,

(b) two members elected from each Board of Stud1es, and

(4) Each faculty shall compnse such departments of teachmg as may be prescnbed by the Ordmances

(5) SubJect to the provisions of this Act, each faculty shall exerc1se such powers and perform such duties as may be prescnbed by the Statutes.

(6) The members of faculties mentioned m sub-sectwn (3) shall hold office for a penod of three years from the date of their nommatwn or electwn, as the case may be 2:7. Deans of facuities.-(1) There shall be a Dean of each faculty, who shall be elected by the faculty m such manner and subJect to such conditiOns as may be prescnbed by the Statutes.

(2) The Dean of each faculty shall be responsible fol' the due observance of the Statutes, Ordmances, RegulutLOns and bye-laws relatmg to that faculty.

"· (3) The Dean of a faculty shall hold office for a term of two years and shall be ehg1ble for re-election.

28. Boards of Studies.-(1) There shall be a Board of Stud1es attached to each subJect of study m the Umversity :

Prov1ded however that post-graduate stud1es m each subJect may have separate Board of Stud1es.

(2) The const1tutwn and powers of the Boards of Studies shall be prescnbed by the Statutes.

(3) Members of Boards of stud1es shall hold office for a penod of three years from the date of the1r entenng into office.

29 Student~' Council.-(1) There shall be a Students' Counc1l m the Umvers1ty.

(2) The Students' Counc1l shall cons1st of the follow1ng members namely.-

Ex-Officio Members

(a) The V1ce-Chancellor who shall be the Chatrman of the Council

(b) The Chatrman of the U111vers1ty Unwn

(d) The Dtrector, Natwnal Cadet Corps.

(e) The officer-m-charge of the Natwnal Serv1ce Scheme m the Umvers1ty

(f) The D1rector of Phys1cal Eclucatwn

(g) The Dean of Youth Affa1rs who shall be tht> Vtce- Chatrman of the Counctl

Elected Mem hers

(a) Ten members, not bemg members of the Senate m· the Academ1c Counc1l, elected by the members of the General Counc1l of the Umverstty Umon from among themselve::., of whom two shall be women.

(b) Three members elected from among the full-time students of the departments of the Umversity m such manner as may be prescnbed

(d) One member elected by the members of the Syndicate from among themselves

(e) One member elected by the members of the Academ1c Counc1l from among themselves.

Other Members

FIVe students who have distmgmshed themselves m aca- demic field, sports or fine arts, nommated by the VIce-Chancellor after .givmg due consideratiOn to the representation of spec1al interests.

(3) A member nommated by the Vice-Chancellor in consultatiOn w1th the Chairman of the Umvers1ty Umon, from among the elected student members of the Counc1l shall be the Secretary to the Counctl.

(4) The members of the Students' Counctl other than ex-officiO members shall hold office for a term of one year from the date of thetr electton or nommatwn, as the case may be

30 PO\-..ers and duties of Students' Council.-(1) Subject to the provtstons of this Act and the Statutes, the Students' Counc1l shall have the follov.:.mg powers, duttes and functiOns, ~amely:-

(a) to make recommendatiOns to the Synd1cate and to the Academic Council m matters affecting the academtc work of the students, such as the structure of courses and pattern of mstruct10n, the corporate life of the Umverstty m so far as 1t concerns the students, and the co-curncular and extracurn- cular actlv1t1es m the Umvers1ty,

(b) to make suggestions to the Syndtcate and the Academtc Council m respect of all rules relatmg to disctplme or weltare of the students, sports, workmg of literary and

other societies, management of hostels, student homes and non~ resident student centres, extens1on work, social work, students' health, National Serv1ce Scheme and Natwnal Cadet Corps and such other matters as may be speclf1ed m the Statutes ;

(c) to commumcatP Its v1ews, observc:twns and 1 ecom- mendatwns to any authonty of the Umvers1ty in respect of nny matter wh1ch concerns the students

Provided that 1f any questwn anses as to whether a matter does or does not concern the students, the question shall be dec1ded by the Cha1rman of the Students' Council and h1s decision shall be final ;

(d) to take such steps as are necessary for the general welfare of students ;

(e) to exerc1se such other powers and perform such other dut1es as may be conferred or 1mposed on 1t by th1s Act or the Statutes, Ordinances or RegulatiOns.

(2) The VIce-Chancellor shall cause to be la1d before the Senate and the Stude:1ts' Counc1l in such manner as may be prescn bed by the Statutes, penodical reports detailing the recommendatwns and suggestwns made by the Students' Counc1l and the act10n taken thereon by the authontJes to which such recommendatwns and suggestiOns were made

31 Finance Committee.-(1) There shall be a Fmance Committee to give adv1ce to the Umvers1ty on any question affectmg 1ts finances

(2) The Fmance Comm1ttee shall cons1st of the follow- ing members, namely -

(a) the VICe-Chancellor who shall be the Chmrman ,

(b) the Pro-Vice-Chancellor, 1f any;

(d) one member e ected by the members of the Syndi- cate from among themselves ,

(e) one member elected by the members of the Academic Counc1l from among themselves ;

(f) the Finance Secretary to Government or an officer not below the rank of Jomt Secretary nommated by him;

(g) The Secretary to Government, Higher Education _j~ or an officer not below the rank of Jomt Secretary nominated · by him

(3) The Fmance Officei shall be the Secretary of the Fmance Committee

(4) The powers and functions of the Finance Committee and its procedure m financial matters, mcludmg the delegatwn of Its powers, shall be prescnbed by the Statutes.

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

33 Disqualifications for membership.-(1) No person shall be qualified for election or nommation or appomtment as a member of any of the authonties of the Umversity or for contmuing as such member, 1f he-

(a) IS below twenty-five of age, or

(b) IS of unsound mmd or a deaf-mute; or

(d) has been convicted by a court of law of an offence involving moral delinquency , or

(e) has been debarred by any Umversity from appear- ing in exammations, for malpractic~s m connection with any exammatwn

Provided that clause (a) shall not apply to a person elected or nommated m the capacity of a student to any of the said authorittes :

Provided further that the disqualification of a person ·f- under clause (e) shall cease on the expiry of the penod for which he has been debarred

(2) If any questiOn anses 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.

CHAPTER V

Statutes, Ordinances, Regu'Jations, Rules and Bye-laws

34. The Statutes.-SubJect to the provlSlons of th1s Act, the Statutes may provide for all or any of the following matters, namely .-

(a) the powers and duties of the officers of the UnivE>rsity, not specifically prov1ded for in th1s Act ,

(b) the constitution, powers and dut1es of the authorities of the University, not spec1fically provided for in th1s Act;

(c) the procedure for election of members of the SPnatP, the Syndicate, the Academic Council and other authonties of the University and all such other matters relatmg to thesl' bodies, as may be necessary or des1rable to provide ,

(d) award of degrees, d1plomas, titles. certificates and other academic distinctions by the Umversity ,

(e) the withdrawal or cancellation of degrees, diplomas,

"'( titles, certificates and other academ1c d1stinctwns ,

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

(g) the holding of convocations to confer degrees ;

(h) the cond1hons and procedure for affiliation of colleges;

(1) conferment of honorary degrees,

(j) the mamtenance of the accounts and the preparation and passing of the annual budget of the University ;

(k) all other matters wh1ch by th1s Act are to be, or may be, prescribed by Statutes

35 Procedure for making Statutes -(1) The Senate may of 1ts own mot10n take mto cons1derat10n the draft. of a Sta1 ute:

Provided that, m any such case, before a Statute is passed, the Senate shall obtain and con<>!der the opmwn of the Synd1cate

(2) The Syndicate may propose to the Senate the draft of any Statute for consideration and such draft shall be con- sidered by the Senate at its next meeting.

(3) The Senate may approve the draft of a Statute proposed by the Synd1cate and pass the Statute or may reject 1t or return it to the Synd1cate for recons1derat10n, either in whole or m part, together with amendments wh1ch the Senate may suggest.

(4) After any draft returned by the Senate under sub- section (3) has been further cons1dered by the Syndicate, together with any amendment suggested by the Senate, it shall be again presented to the Senate with the report of the Syndi- cate thereon, and the Senate may then deal with the draft m any manner it thinks fit

(5) Where any Statute has been passed by the Senate, it shall be submitted to the Chancellor who may refer the Statute back to the Senate for further consideration of assent thereto or withhold his assent

(6) No Statute passed by the Senate shall be valid or come into force until assented to by the Chancellor

(7) The Syndicate shall not propose the draft of a Statute or of an amendment to a Statute affecting the status, powers or constitution of any authonty of the Umversity until such authonty has been given an opportumty of expressing an opirnion upon the proposal . and any opmion so expressed shall be in writing and shall be considered by the Senate.

(8) No Statute providing for the conditions for, or pro- cedure relating to, the affiliation of private colleges shall be passed by the Senate without the previous approval of the Government.

36 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 followmg matters, namely:-

(a) th~ levy of fees m colleges and other mstitut1ons, by the University ,

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(b) the residence and d1sciphne of students; ·+-

(d) the fixation of the scales of pay of various posts m the University and the terms and conditions of service of officers of the University, and

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

37. Procedure for making Ordinances.-(!) All Ordinances made under th1s Act shall have effect from such date as the Syndicate may d1rect, but every Ordinance so made and the repeal of any Ordmance shall be la1d before the Senate durmg 1 ts next succeedmg meetmg

(2) If any Ordmance or repeal of an Ordmance is not la1d before the Senate as required by sub-sectwn (1 ), thP Ordmance shall lapse or, as the case may be, the Ordmance repealed shall rev1ve, after the next succeeding meetmg of the Senate

(3) Subject to the provisions of sub-sections (1) and (2), the procedure to be followed in making, amending or repealing Ordinances shall be prescr1bed by the Statutes

(4) No Ordinance mvolving expenditure shall be valici or come into force until assented to by the Chancellor

38 Regulations -Subject to the provisions of th1s Act, the Statutes and the Ordinances, the Academic Council may make Regulations providing for all or any of the following matters, namely -

(a) the courses of studies and the conduct of examina- ' tions ·

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

(d) the appointment and prescriptiOn of duties of the Boards of Studies and examiners,

(e) recogmtwn of exammatlons, degrees and diplomas of other Umversitles as equivalent to the examinations, degrel?S and diplomas of the Umversity , and

(f) all other matters which under the provisions of th; Act, the Statutes and the Ordinances are to be, or may bP, prescnbed by Regulations.

:~{24A-4

39 Procedure for making Regulations.-(!) All Regula- tions made under this Act shall have effect from such date as the Academic Council may direct, but every RegulatiOn so made shall be latd before the Senate durmg 1ts next succeedmg meetmg.

(2) Subject to the provisions of sub-section (1), the procedure to be followed in making, amending or repealing RegulatiOns shall be prescnbed by the Statutes.

40. Rules, bye-laws and orders.-(1) The Syndicate shall have power to make rules, bye-laws and orders not mconsistent with the provisions of this Act, the Statutes, the Ordinances and the RegulatiOns, for the guidance and workmg of Boards and Committees and other bodies constituted under the provi- sions of this Act or the Statutes or the Ordmances or the Regulations and for regulating the procedure and conduct of busmess at meetmgs of any authority of the University other than the same.

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

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

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

CHAPTER VI

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

42 Election of members to the Senate, Syndicate and other bodies of the University.-The election of members to the Senate, the Syndicate and other bodies of the Umversity shall be held in accordance with the system of proportional represen- tation by means of the single transferable vote and m accord- ance with the procedure prescribed by the Statutes, and the voting at such election shall be by secret ballot.

43. Filling up of vacancies.-(1) All vacancies among tht:

members (other than ex officw members) of any atuhority or body of the Umversity by reason of death, resignation or other- Wise shall be filled, as soon as may be, by the person or autho- rity who or wh1ch appomted, elected or nominated the member whose place has become vacant

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

44. Resignation or removal of members of any authority or body.-(1) Any member of any authonty or body of the Univers1ty may res1gn his office by letter addressed to the Registrar.

(2) The Senate may, on the recommendation of not less than two-thirds of the number of members of the Syndicntt>, remove the name of any person convtcted by a court of low of any offence involving moral delinquency or punished by the University for malpractice connected with any University exa- minahon from the register of registered graduates or remove any such person from membership of any authority or body of the University and for the same reason may withdraw any degree or diploma conferred or granted by the Umvers1ty

(3) The Senate may also remove any person from 1 he membership of any authority or body of the Univers1ty if lw becomes of unsound mind or a deaf-mute or has apphed to he adJUdicated or has been adjudicated an msolvent

(4) If an elected member of any authonty or body of the Univers1ty fails to attend three consecutive meettings of that authority or body, he shall cease to be a member of such authority or body and thereupon the Reg1strar shall mtimatc _.._ him that he has c~rased to be such member · Provided that such authority or body may, if satisfieci that there was suffic1ent cause for the fatlure of the member to attend the meetings, restore him to its membership. 3/24A-4a

...

CHAPTER VII

Finance

45. University Fund.-(1) All grants and loans rece1ved from the State Government, the Government of Ind1a, the Umvers1ty Grants Commission and from any other source, all revenues of the University, all fees received, all incomes such as rent and profits denved from propert1es and funds vested in the Umversity, all endowments and donations received from any source whatsoever, all other miscellaneous receipts of the Umversity and all depostts, remittances and service funds rece1ved m connection w1th the affairs of the Umversity shall form one consoltdated fund styled "The Calicut University Fund" and shall be employed for the purposes and in the manner laid down in thiS Act and m the Statutes, Ordmances, rules, bye-laws and orders made thereunder :

Provided that separate accounts may be maintained for specific purposes

(2) All moneys in the Calicut Umversity Fund shall be lodged in the Government Treasury or with the approval of the Government in the State Bank of Ind1a or its subsi- diaries up to such hm1ts as may be fixed by the Government.

(3) The University may mvest such part of the moneys m the Calicut Umvers1ty Fund, as Jt may deem fit, Govern- ment securities or secunties guaranteed by the Government of Ind1a.

(4) The custody of the Cahcut Umversity Fund, the payment of moneys therein, the withdrawal of moneys there- from and all other anc1llary matters shall be regulated by the Statutes, Ordmances, rules and bye-laws made in that behalf.

46. Grants from Government.-(!) The Univers1ty shall receive as grants for its mamtenance such sums subject to such cond1tions as may be ~xed by the Government from time to t1me

(2) The Government may pay to the University such other grants, subject to such conditwns as they think fit, for speCJfic purposes .

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)

-..J-

47. Annual estimates of income and expenditure.-(!) The Syndicate shall prepare the financ1al est1mates of the mcomH and expenditure of the Umvers1ty for the next ensuing yea, before such date as may be prescnbed by the Statutes, and forward the same together w1th a memorandum conveymg explanatory notes thereon to the Senate for consideratiOn.

(2) The Senate shall consider the financial estimates at Its annual meetmg and shall approve It, either Without altera- tions or with such alteratwns as 1t may thmk fit.

48 Annual Accounts.-(!) The annual accounts of the University shall be prepared under the directions of the Syn- dicate and shall be submitted to the Government for audit.

(2) The annual accounts together with the aud1t report thereon shall be published by the Syndicate and copies of such accounts and audit reports shall be placed before the Senate and submitted to the Government.

(3) The annual accounts shall be considered by th~ Senate at Its annual meetmg, and the Senate may pass resolu- tions with reference thereto and communicate the same to the Syndtcate which shall take action in accordance therewtth

49. Annual report.-(1) The annual report of the Umver- sity 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

(2) The Senate may pass resolutions on the annual rtport and commumcate the resolutwns to the Syndicate.

(3) The Syndicate shall mform the Senate of the actii'n taken by it on the resolutions passed by the Senate under sub- section (2) and shall submit a copy of the annual report tog~- ther with a copy of the resolutions, if any, of the Senate undf'r sub-section (2) to the Government.

(4) The Government shall, as soon as the annual accounts and annual report are rece1ved, cause the same to be l

50. Audit of accounts of the University.-(1) The Govern- ment shall appomt auditors of the accounts of the Umversity and the instltutwns under the management of the University

(2) The aud1tors shall maintain a continuous audtt ot the accounts of the Umverstty and may, after g1vmg due mti- matlon. conduct local aud1t of any m~t1tut10n under the manage- ment of the Universtty

(3) The Umverstty shall bear the cost of the aud1t as fixed by the Government.

(4) After completmg the aud1t for a year or for any shorter period or for any transaction or senes of transactwr·,s, the aud1tors shall send a report to the University and a dupli- cate copy thereof to the Government.

(5) The aud1tors shall specify m the report under sut- sectwn (4) all cases of Irregular, 11legal or 1mproper expendr- ture or of fa1lure to recover moneys or other property due to the Umvers1ty or of any loss or waste of money or other prv- perty thereof caused by neglect or misconduct of the office:s and authont1es of the University

(6) The audrtors shall also report on any other r.Jatt ~r relating to the accounts of the Univers1ty as may be reqmred by the Government.

(7) The Umvers1ty shall forthwtth remedy any ddect or trregulanty pomted out by the audttors and report the actLOn taken to the Government

CHAPTER VII I

Private colleges and affiliation of colleges

51. Definitions.-In th1s Chapter,-

(a) "corporate management" means c:gency which manages more than- one pnvate an educat,()nal

college,

(b) "umtary management" means an ed'ucatwnal agency wh1ch manages a private college

52 -Governing botfy for prJvate college under t.tmtar~ management -(1) An umtary management shall const,luk m accordance wtth the provtStons of the Statutes a governm5 body consisting of the folloVving members, namely-

(a) the pnnc1pal of the private college,

(b) the manager of the pnvate college; y

(d) a person nommated by the Government;

(e) a person elected m accordance wrth such proce- dure as may be prescnbed by the Statutes, by the permanent teachers of the prrvate college from among themselves;

(f) the Charrman of the college union,

(g) a person elected m accordance wrth such proce- dure as may be prescnbed by the Statutes, by the permanent members of the non-teachmg stafl. of the private college from cmong themselves; and

(h) not more than six persons nominated by the um- tary management.

(2) The managE.'r of the private college shall be the Chairman of the governing body.

(3) It shall be the duty of the governing body to advise the umtary managemer.t in all matters relating to the admmis· tratwn of the pnvate college, m accordance with the proviSions of this Act and the Statutes, Ordmances, RegulatiOns, rules, bye- laws and orders made thereunder.

(4) The decisions of the governing body shall be take1:

at meetmgs on the basrs of simple majority of the member~ present and voting.

53. Managing council for private colleges under corporate management.-(1) A corporate management shall constitute a r.'anagmg council for all the private colleges under Its manage- ment, consisting of the following members, namely:-

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

(b) the man~ger of the private colleges,

(d) a person nommated by the Government; ·.

(e) two persons elected in accordance w1th such pt o- aedure as may be prescnbed by the Statutes, by the permanent t·eachers of all the pn vate colleges, from among themselves,

(f) a person elected by the Chatrmen of the college umons of all the pnv8te colleges, from among themselves;

(g) one person elected m accordance with such !Jro- cedure as may be prescribed by the Statutes, by the permanent members of the non-teachmg staff of all the pnvate collebes, ~rom among themselves, and

(h) not more than fifteen persons nommated by the ·rorporate management

(2) The manager of the pnvate colleges shall be the Chairman of the mana~mg council

(3) It shall be the duty of the managmg council to advise the corporate m;..nagement m all matters relatmg to the adm1mstrat10n of the pnvate col\eges, m accordance With the provisiOns of this Act and the Statutes. Ordmances, RegulatiOns, rules, bye-laws and orders made thereunder.

(4) The decis10ns of the managmg council shall be taken at meetmgs on the basts of simple majonty of the memoers present and votmg

54. Appointment of manager.-(!) An umtary manage- ment or corporate management shall appomt a manager f01 the pnvate college or for all the private colleges, as the ca5r rnay be, under 1ts management Within the Umvers1ty area

(2) The appomtment or N"moval of the manager sl:all be mtlmated to the Umversity by the umtary management or the corporate management, as the case may be

(3) It shall be the duty of the manager to g1ve d'frct to the decisions of the umtary management or the corporate management, as the case may be

(4) The manager shall exercise such powers and dis- charge ~uch duttes as may be delegated to him by the umtary management or the corporate management, ac:; the case may be.

(5) Suits by or against a pnvate college shall be insti- tuted by or agamst the manager thereof.

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•

(6) If the manager of a private college is guilty of mismanagement, malpractice, corruptiOn or ma!admtmstra11on. gross negligence of duty or dtsobedtence of mstructwns iSsued by the Government or the Umverstty or 1s conv1cted for an offence mvolvmg moral turpitude, the Vtce-Chancellor may, after g1vmg the manager a reasonable opportumty to show cause agamst the achon proposed to be taken agamst him anu after due enquiry, declare him unfit to hold the office of manager and reqUire the umtary managemnet or the corporate' management, as the case may be, to appomt a sUitable per:,on as manager

(7) Fallure on the part of the manager or the manage- ment to obey the mstructwns issued by the Umversity or the Government m regard to matters relating to the admmis- tratwn of the pnvate college and the contmuance m office of a person declared unfit under sub-sectwn (6) shall be deemed to be suffictent cause for takmg steps for the withdrawal of the aid, grant or affiliat10n of the pnvate college

55 Acts or proceedmgs of gnvermng body or managing council not to be invalidated.-No act or proceedmg of a govermng body Oi managmg council shall be mva:tdated merely by reascn of-

(a) any vacancy m or any defect m the constltutwn of. the governmg body or managmg counctl , or

(b) any defect m the appomtment of a person actmg as a member of the governmg body or managing council; or

56 Affiliation of colleges.-(1) An apphcatwn for affiha tion to the Umversity of any college shall be sent by the educatwnal agency to the Registrar wtthm such time and 1r. such manner as may be prescnbed by the Statutes

(2) The terms and condit10ns of affil1atwn of a college and the procedure to be followed by the Syndtcate m grantmg such affihat10n shall be prescnbed by the Statutes

(3) Wtthout preJudtce to the genera:.t1y of the provtsions of sub-sect10n (2) such Statutes may provtde for the pattern of staff, scales of pay and terms and conditwns of service of

members of the staff and admisswn and selectwn of students for courses and exammatwns

57. Appointment of teachers in private co1leges.-

(1) Appomtments to the lowest grade of teacher m each depart- ment of a pnvate college shall be made by the educational agency by direct recrmtment on the basis of ment.

(2) Appomtments of principals shall be made by the educatwnal agency by promotion from among the teachers of the college or of all the colleges, as the case may be, or by d1rect recrUitment.

(3) Where the appomtment of prmcipal IS made by promotion, the educatwnal agency shall make the appomtment on the basis of senionty-cum-fitness

(4) Appomtments to the posts, other than those referred to in sub-sectwns (1) and (2), 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, on the basis of semonty-cum-fitness, or, If none among them Is fit for promotion, by direct recruitment

(5) For makmg appomtment under th1s section by direct recruitment the post shall be advertised in such manner as may be prescribed by the Statutes

(6) Notwtthstandmg anythmg contamed m sub-sections

(1) and (4), a teacher discharged from a pnvate college on or after the 14th day of March 1974, due to abolition of a course of study in that college or for any other reason except disci- plinary actlon agamst him shall be given preference in the matter of future appomtments m the pnvate college or, as the case may be, any of the private colleges under the management of the educational agency w1thm the University area.

(7) The educational agency shall not abolish a course of study in a pnvate college without the pnor approval of the Umversity

(8) Every appomtment under th1s section shall be made by a written order of the manager in such form as may be prescnbed by the Statutes, communicated to the person to be appomted. w1th copy to the University.

(9) Every appomtment under this section shall be reported to the Umvers1ty for approval. ~\ (10) Any person aggneved by any appomtment under this section may appeal to the Appellate Tnbunal

58 Qualifications of teachers.-(1) Teachers of colh:ges shall possess such qualificatiOns as may be prescnbed by the Regulations

(2) Notw1thstandmg anythmg contamed m any law or m any ]Urlgment. dEcree or ordt>r of any court or other authonty, any decision or order exemptmg any teacher from possessmg the prescnbed qualificatiOns or approvmg the appomtment of any teacher who did not possess the prescnbed quahficatwns or allowmg any teacher who did not possess the prescnbed qualifications to contmue m service, made by any auhonty or officer before the commencement of this Act, shall be deemed to have been made by the authonty competent to make such decisiOn or order under this Act ac; if this Act had been m force at the time when such decision or order was made. and accordmgly all such decisions and orders shall be, and shall be deemed always to have been, vahd and m accordance w1th law

59. Probation.-(!) Teachers of pnvate colleges shall he on probatiOn for a penod of one year w1thm a penod of two years:

Provided that in exceptional cases, the period of proba- tion may be extended by a penod not exceedmg one year, subJect to the pnor approval of the Syndicate Explanation.-Probation undergone by a teacher befOJ e the commencement of this Act shall be deemed to be probation for the purposes of this sub-section, provided such probation IS w1thm a penod of two years immediately before such commencement

(2) Notwithstanding anythmg contamed m any contract or other document, any teacher working in a substantivt> vacancy at or after the commencement of this Act shall be deemed to be on probation for the purposes of sub-section (1).

(3) The educational agency may. at any time before the prescnbed penod of probation, term.nate the probatiOn of the probatiOner for want of vacancy and discharge him from service If he was appomted by direct recrurtment or revert him to hrs onginal appomtment rf the appointment to the new post was by transfer or promotiOn.

(4) Any probationer discharged or reverted under sub- section (3) shall be grven preference m the matter of future apiDointments to the same post

(5) On satisfactory completiOn of probation, the educa- tiOnal agency shall confirm the teacher m the post and If the vacancy Is not a substantive vacancy, the teacher shall be allowed to contmue m the post for the duratiOn of the vacancy

(6) If, on the expiry of the prescnbed period of proba- tion, the educatiOnal agency decides that the teacher IS not suitable for contmuance in the post m which he IS appomted, It shall discharge hrm from servrce or revert him to his ongmal appointment, as the case may be, after grvmg him a reasonable opportumty of showmg cause agamst the actiOn proposed to be taken m regard to him

(7) Where the post held by the probationer IS substan- tively vacant and before the exprry of one month from the prescribed penod of probatiOn he rs not confirmed under sub- :>ection (5) or is not discharged or reverted under sub- section (6), he shall be deemed to have been confirmed m that post

(8) A probatiOner who is discharged or reverted under sub-section (6) or who is discharged or reverted before the prescnbed penod of probatiOn otherwise than on the grdund' of want of vacancy shall be entitled to appeal against the order of discharge or reversion to the Appellate Tnbunal and the provisions of section 60 shall. mutatzs mutandts, apply to such appeals.

60. Conditions of service of teachers of private colleges.- -J

(1) Notwithstanding anythmg contamed m any law, or m any contract or other document, the condrtrons of service oi teachers of pnvate colleges, whether appointed before or after the com- mencement of this Act, mcludmg conditions relatmg to pay. fJensron, provident fund, gratuity. insurance and age of retire- ment, shall be such as may be prescnbed by the Statutes.

(2) No teacher of a private college shall be kept under suspension by the educational agency except when disciplmary proceedmgs are initiated against him.

(3) When a teacher of a pr1vate college is suspended for a period exceeding fifteen days, the matter, together with the reasons for the suspenswn, shall be reported to the VIce- Chancellor

(4) Any disciplinary proceedings initiated under sub- section (2) shall be completed within a period of three months or withm such further penod as may be allowed by the Vice- Chancellor after hearmg the parties concerned

(5) Any person aggrieved by an order of the VIce- Chancellor under sub-sectwn (4) may, withm a penod of thirty days from the date of receipt of the order by him, appeal to the Appellate Tnbunal

(6) No disciplinary action shall be taken agamst a teacher without giving h1m a reasonable opportumty of show- ing cause against the action proposed to be taken against him

(7) Any teacher aggrieved by an order passed after the commencement of this Act m any disciplmary proceedmgs taken against him may, withm sixty days from the date on which a copy of such order is served on him or withm s1xty days after the Appellate Tribunal has been constituted under this Act, whichever period expires later, appeal to the Appellate Tnbunal, and the Appellate Tribunal may, after givmg the parties an opportumty of being heard and after such further inquiry as may be necessary, pass such order thereon as It may deem fit, includmg an order of remstatement of the teacher concerned Provided that the Appellate Tnbunal may admit an appeal presented after the expiration of the said period if it is satisfied that the appellant had sufficient cause for not presentmg the appeal within the said penod

(8) Any order passed by the Appellate Tnbunal under sub-sectwn (7) may be executed through the Subordmate Judge's Court having jurisdiction over the area in which lhe private college ~s situated as 1f It were a decree passed by that court. . ••

(9) Any person who objects to an order passed by the Appellate Tnbunal under sub-section (7) may, Within s1xty days from the date on which a copy of such order iS served ~ on him, prefer a pehtwn accompamed by court fee stamps of · r the value of ten rupees to the High Court on the ground that the Appellate Tnbunal has e1ther decided erroneously, or falleu to decide, any question of law

(10) The prov1s10ns of sectwn 5 of the LimitatiOn Act, 1 q53 (Central Act 36 of 1963), shall be applicable to any pro- ceedmgs under sub-sectwn (9).

(11) The High Court shall, after giving the parties an opportunity of bemg heard, pass such order on the petition, as It deems fit.

(12) Where the High Court passes any order under sub- sectwn (11), the Appellate Tnbunal shall amend the order passed by it m conformity With the order of the High Court

61. Past disputes relating to service conditions of teachers.-Notwithstandmg anything contamed many law for the time being m force, Or In any contract, or m any JUdgment, r decree or order of any court or other authority,-

(a) any dispute between the management of a private college and any teacher of that college relatmg to the condi- tions of service of such teacher pendmg at the commencement of this Act shall be decided under and m accordance With tJ,e provisiOns of this Act and the Statutes made thereunder,

(b) any dispute beween the management of a priva .. e college and any teacher of that college relatmg to the conditions of service of such teacher, which has ansen after the 1st day of August, 1967, and has been disposed of before the commeuce- ment of this Act shall, lf the management or the teacher applies to the Appellate Tribunal m that behalf within a period of thirty days from such commencement, be reopened and decided under and in accordance With the provisions of this Act and the Statutes made thereunder as if it had not been finally dis- posed of

62 Membership of local authorities, etc.-(1) A teacher of a private college shall not be disqualified for contmuing as such teacher merely on the ground that he has been elected

or nominated as a member of a local authority or of the Legts- latlve Assembly of the State or of Parliament

(2) A teacher elected or nommated as a member nf the Legtslative Assembly of the State or of Parliament shall be entitled to treat the penod of hu; membershtp of the Leg1slattv~ Assembly or of Parhament as on leave wtthout salary anr1 allowances.

(3) A teacher referred to in sub-sectwn (2) shall also be E-ntitled to count the period of his membership of the Legtsla- tive Assembly or of Parliament for the purposes of pension, semonty and increments.

63. Non-teaching staff of private colleges.-The proviSlons of this Chapter shall, so far as may be, apply to the non-teach- mg staff of the private colleges. Subject to thts, thetr method of appomtment, pay and other condttions of servtce shall be such as may be prescribed by the Statutes

64. Transfer of teachers to other Universities.-(!) Where an educational agency has colleges under the jurisdiction of the Cahcut Uruversity and also under the jurisdiction of the Kerala Umverstty, the educatwnal agency shall, wtthin 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 senionty list of the teachers of all such colleges

(2) After the preparation of the list under sub-section (1), the educatwnal agency shall g1ve a right of optwn to the teachers as to the Umverstty under the junsdiction of which he opts to remam and the teachers shall be allotted to each Uni- versity area m accordance with such option· Provtded that where the number of teachers who have opted to work under the junsdtctwn of the Cahcut University or the Kerala Universtty 1s more than the number requirecl, allotment shall be made on the basts of semority. ~ (3) Any teacher aggneved by any entry in the list pre- pared under sub-sechon (1) or by the allotment under sub- sectiOn (2) may appeal to the Government within sixty days from the date of communicatwn of the hst or order of a:lot- ment to him, and the decision of the Government thereon shall 'oe final.

(4) Where a teacher is allotted to a University area under this section, he shall not be transferred to a college affiliated to any other University.

(5) Nothmg contamed in this section shall apply m respect of pnncipals of pnvate colleges

65. Constitution of Appellate Tribunal-(!) The Govern- ment shall constitute an Appellate Tnbunal for the purposes of this Act

(2) The Appellate Tnbunal shall be a JUdicial officer not below the rank of a District Judge nominated by the Chancellor in consultatiOn with the Htgh Court

(3) The term of office of the Appellate Tnbunal shall be three years from the date of its nomination

(4) The Appellate Tribunal shall have the power to make regulations consistent With the provisions of this Ad With the previOUS sanction of the Government, for regulatmg Its procedure and disposal of Its busmess. The regulations so made shall be published in the Gazette

(5) The remuneratiOn and other conditions of service of the Appellate Tnbunal shall be such as may be prescnbed by rules.

6G Bar of jurisdiction of cavil courts.-No civil court shall have JUnsdictwn to settle, decide or deal w1th any question or to determine any matter which IS by or under this Act required to be settled, decided or dealt w1th or to be determined by any authonty or person under thiS Act.

67 Private colleges to comply with provisions of Chapter within six months.-All pnvate colleges existing m the Umver- stty area Immediately before the commencement of this Act and affi 1ated to the University shall, w1thm a penod of s1x months from such commencement, comply with the proviSions of this Chapter

68 Colleges not complying with provisions of this Act -

(1) H the Syndicate I<; satisfied that any pnvate college has not comphed wtth any provision contained m this Act or m the Statutes, Ordmances, Regulations, bye-laws, orders or rules, l

it may recommend to the Government for withholding or dis- - contmumg a1d or grant or it may disaffiliate the college from ~ the University :

Provided that before d1saffihatmg a college, the educa- tional agency and the governing body or managing council, as the case may be, shall be given an opportumty of being heard.

(2) If, on a recommendation under sub-section (1), the Government are satisfied that any private college has not com- plied with any of the provisiOns of this Act, or of the Statutes, Ordmances, Regulatwns, 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 makmg any such order, the ed'uca- twnal agency and the governing body or managing council, as the case may be, shall be g1ven an opportunity of being heard.

CHAPTER IX

Miscellaneous -~

, 1 69 Power of Government to cause inspection of Univer- sity.-(!) The Government shall have the right to cause an inspection to be made by such person or persons as they may direct, of the University, its buildmgs, laboratories, hbranes, museums, workshops and eqmpments and of any mshtutions mainained, recogmsed or approved by, or affiliated to, the University, and also of the work conducted by the University, and to cause inqu1ry to be made in respect of any matter con- nected with the .University

(2) The Government shall, before taking any action under sub-sectiOn (1), give notice to the University of their intention to cause such inspection or inqmry to be made and the Umvers1ty shall be entitled to be represented thereat

(3) The Government shall commumcate to the Syndicate the result of any mspectwn or inqmry made under sub-section

(1) and may, after ascertammg the opmion of the Syndicate thereon, convey their views to the Senate and to the Syndicate

(4) The Government may, atter considering the v1ews of the Senate and the Syndicate on the result of any mspectwn or inquiry under sub-section (1), advise the Umversity upon the actiOn to be taken m the matter.

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(5) The Syndicate shall report to the Government the action, If any, wh1ch 1s proposed to be taken, or has been taken, upon the result of any inspection or inquiry under sub- sectwn (1).

(6) A report under sub-section (5) shall be submitted with the opinion of the Senate thereon and w1thm such time as the Government may direct.

(7) Where the Senate or the Synd1cate does not, w1thin a reasonable time, take any action referred to m sub-sectwn

(4) to the saisfaction of the Government, the Government may, c:fter considering any explanation furmshed, or representation made, by the Senate or the Synd1cate in the matter, issue such directions as they may thmk fit, and the Senate and the Syndi- cate shall comply with such d1rections.

70. i\.ppointment of Commission to inquire into the work- ing of University.-(!) The Government may at any t1me and shall, at the exp1ration of ten years from the commencement of this Act and thereafter at the expiratwn of every ten years, by order published in the Gazette, constitute a Commission which shall cons1st 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 Co:n- misswn.

(2) The Commission constituted under sub-section (1) shall inqlllre mto and report on-

(1) the working of the Univers1ty during the period to which the inqmry relates,

(u) the financ1al pos1tion of the Umvers1ty mcluding the financ1al posit1on of its collE>ges and departments ,

(m) any change to be made m the provis1ons of th1s Act or the Statutes, Ordinances, rules and bye-laws made thereunder witn a v1ew to brmgmg about Improvements m the affairs of the University ; and

(1v) such other matters as may be referred to it by the Government,

tUld make such recommendatwns to the Government as it thmks fit

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(3) On receipt of the report and the recommendations of the Comm1sswn under sub-sectiOn (2), the Government shall forthw1th refer such report and recommendatiOns to the Senate for cons1deratw:1 and report.

( 4) Immed1ately after the Senate has considered the report and recommendations of the CommissiOn and subm1tted its report to the Government, the Government shall cons1der the report of the Senate and pass such orders thereon as they th10k fit and shall also caus~ the same to be pubhshed 10 the Gazette.

71. Power of Government to make rules.-(1) The Government may. by notification in the Gazette make rules not incons1stent w1th the prov1s10ns of th1s Act, for the purpose of exercis10g the powers and d1scharg10g the dut1es conferred or 1mposed on the Government by th1s Act.

(2) Every rule made under th1s sectiOn shall be laid, as soon as may be after 1t is made, before the Legislative Assembly wh1le it is in session for a total penod of fourteen days which may be compnsed 10 one sessiOn or 10 two successive sesswns. and if, before the exp1ry of the sess1on m wh1ch 1t is so laid or the sessiOn 1mmed1ately followmg, the Leg1slative Assembly agrees in makmg any mod1ficat10n m the rule or the Leg1s~atlve Assembly agrees that the rule should not be made, the rule shall thereafter have effect only m such mod1fied form or be no effect, as the case may be , so however that any such modification or annulment shall be w1thout prejud1ce to the valid1ty to anythmg previously done under that rule.

72. Conditions of service.-(1) Save as otherw1se provided' by or under th1s Act, every salaned officer and teacher of the Umvers1ty shall be appointed by a wntten order.

(2) The wntten order referred to in sub-section (1) shall be lodged w1th the Registrar rmd a copy thereof shall be furm- shed to the officer or teacher concerned'

(3) Any d1spute between any officer or teacher of the Umvers1ty and the UmvHs1ty shall, on the request of the Univers1ty or the officer or teacher concerned, be referred to 3/24A-5a

the Appe!late Tribun&l for decision, and th2reupon, the pro- visions of sectiOn 65 and the regulatiOns made by the Tribunal under the said sectiOn shall mutatis mutandis apply to the decisiOn of such d'Ispute

73 Pension, insurance and provident fund.-With the previow, approval of the Government, the Umversity shall make appropnate provisions for the benefit of Its officers, teachers and other servants under its control 1r.1 matters of msufance, pensiOn and provident fund and for such other bene- fits as it may deem fit, m such manner as may be prescnbed by the Ordmances.

74. 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 any other body con- stituted under this Act or the Statutes or the Ot dmances shall be deemed to be mvahd merely by reason of any vacancy m the body doing or passmg it, at the time any such act or procedmg is done or passed.

75. Proceedings (!{ the Senate, Syndicate and Academic Councii.-The Registrar shall forward to the Government w1thm one month of the date of any meeting of the Senate or the Syndicate or the Academic Council copies of the proceedmgs of such mef'tmg.

76 Dispute as to constitution of University authority or body.-If any questiOn arises regardmg the interpretatiOn of any provisiOn of this Act, or of any Statute, Ordmance, Regu- lation, rules, bye-law or order or as to whether a person has been duly elected or appomted as or 1s entitled to be, a member of any authonty or body of the Untversity, 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 takmg such advice as he deems necessary, decide the questwn and such decis!On shall be final.

77. Report on affiliated colleges.-The VIce-Chancellor shall, at the end of every four years from the commencement of this Act, submit a report to the Government on the conditwns of affihated colleges

78 Protection of acts and 01·ders.-All acts and orde1'S duly and m good f

79. Institutions affiliated to University.-(!) All. colleges ex1stmg m the Umve1s1ty area Immediately before the com- mencement of th1s Act, shall stand affihated to the Umverstty.

(2) The Government may, at any t1me, transfer to the Umverstty any mst1tut10n subJect to such terms and conditwns 3S may be agreed upon betw0en the Government and the Umverstty as regards Its future mamtenance ::~nd control.

80 Registered Graduates.-(!) All registered graduates of the Cahcut Umvers1ty cou::,tituted under the Cahcut Umver- Slty Act, 1968, shall be deemed to be registered graduates of the Umversity constituted under this Act

(2) All graduates of the Umvedsity constituted under this Act and all graduates of any other Umver~1ty res1dmg m the Umvers1ty area shall be e.1.titled to be registered under the prov1s10ns of th1s Act as graduates of the Umvers1ty constituted under this Act.

81 Transitory provisions.-(!) Any officer or authority of the Umversity of Cahcut exerc1smg any power or perform- mg any duty under the Cahcut Umversity Act, 1968, Imme- diately before the commencement of th1s Act, shall, for a period of mne months from such commencement or until the corres- pondmg officer or authonty 1s appomted, elected, nominated or constituted, as the case may be, in accordance with the provi- siOns of this Act or the Statutes or Oromances made thereunder, whichever IS later, contmue to exercise such power or perform such duty as the case may be, so far as such power or duty 1s not mconsistent with the provlsHms of th1s Act· Provided that the VIce-Chancellor and Pro-V1ce-Chancellor appomted under the Cahcut Umversity Act, 1968 dnd holdmg office unmediately before the commencement of this Act shall

be entJtled to hold office for the full term of his appomtment as lf this Act had not been passed.

(2) The Statutes, Ordmances. Regulatwns, rules, bye~ laws and orders m force Immediately before the commence- ment of this Act shall, m so far as they are not mconsistent With the proviswns of this Act, contmue to be 111 force until they are replaced by the Statutes, Ordinances, Regulations, rules, bye-laws or orders made under this Act

(3) All properties, all nghts of whatever kmd, used, enJoyed or possessed by and all mterests of whatever kmd owned' by or vested m or held m trust by or for"the Umversity of Cahcut constituted under the Cahcut Umversity Act, 1968 and all llabihties legally subs1stmg agamst the said Umversity, shall pass to the Umversity constituted under this Act.

82 First Statutes and Ordinances.-Notvnthstandmg any- thmg contamed m this Act, the first Statutes and the first Ordmances of the Umvers1ty shall be made by the Government.

83. Repeal and saving.-(1) The Cahcut Umv~rsity Ordmance, 1974 (15 of UJ74). J<; hereby repealed ,~

(2) Notw1thstandmg such repeal, anythmg don~ or deemed to have been done or any actiOn taken or deemed to have been taken under the sa1d Ordmance shall be deemed to have been done or taken under this Act.

Kerala act 005 of 1975 : The Calicut University Act, 1975 (No.5 of 1975)

SECTIONS