Kerala act 024 of 2013 : The Thunchath Ezhuthachan Malayala University Act 2013

[Translation in English of the "2013- ലല തഞതത എഴതചൻ മലയയള സർവകലയശയല

" ആകത published under the authority of the Governor.]

ACT No. 24 OF 2013

THE THUNCHATH EZHUTHACHAN MALAYALA

UNIVERSITY ACT, 2013^*

AN

ACT

to establish and incorporate a University for the promotion of study and research of Malayalam language and literature and Kerala culture.

Preamble.—WHEREAS, it is expedient to establish and incorporate a University for the promotion of study and research of Malayalam language and literature and Kerala culture;

BE it enacted in the Sixty-fourth Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

1. Short title and commencement.—(1) This Act may be called the Thunchath Ezhuthachan Malayala University Act, 2013.

(2) It shall be deemed to have come into force on the 1st day of November,

2012.

2. Definitions.— In this Act, unless the context otherwise requires,—

(a) "Academic Council" means the Academic Council of the University constituted under section 16;

(b) "Authority" means any authority of the University specified in section 8;

(c) " Board of Studies" means Board of studies of the University;

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

(e) "Dean" means the Dean of a Faculty of the University;

(f) "Executive Committee" means the Executive Committee of the University; * Received the assent of the Governor on the 25^thday of April, 2013 and published in the Kerala Gazette Extraordinary No. 1176 dated 26^thApril, 2013.

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(g) "Faculty" means the Faculty of the University;

(h) "Faculty Advisory Committee" means Advisory Committee for each Faculty;

(i) "General Council" means the General Council of the University;

(j) " Government" means the Government of Kerala;

(k) "Officer" means an officer of the University specified under Chapter V of this Act or any other person designated as an officer by the Statutes;

(l) "prescribed" means prescribed by Statutes, Ordinances and Regulations made under this Act;

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

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

(o) "Registrar" means the Registrar of the University;

(p) "Research Council" means the Research Council of the University;

(q) "School" means a School in the University established under this Act;

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

(s) "Statutes", "Ordinances", "Regulations" means respectively the Statutes, Ordinances and Regulations of the University made under this Act;

(t) "Student" means a person enrolled in the University for taking a course for a degree, diploma or other academic distinction duly instituted;

(u) "Teacher" means a person appointed or recognized by the University for the purpose of imparting instructions or conducting and guiding research or any other project or programme, and includes any other person who may be declared by Statutes to be a teacher;

(v) "University" means the Thunchath Ezhuthachan Malayala University established and incorporated under section 3 of this Act;

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

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CHAPTER II

THE UNIVERSITY

3. University.—(1) There shall be established a University by the name 'The Thunchath Ezhuthachan Malayala University', which shall consist of a Chancellor, Pro-Chancellor, a Vice-Chancellor, a General Council, an Executive Committee, an Academic Council, a Research Council, Faculty Advisory Committees, Boards of Studies and other authorities and officers as provided in this Act.

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

(3) The University shall be competent to acquire and hold properties both movable and immovable, to lease, sell or otherwise transfer any movable or immovable property which may have vested in or have been acquired by it for the purpose of the University, and to receive grants or loans from the State or Central Governments or from any legally constituted body corporate, organizations or funds or individuals and to contract and to undertake all other things necessary for the purposes of this Act.

(4) In all suits and other legal proceedings by or against the University, the pleadings shall be signed verified by the Registrar and all the processes in such suits and proceedings shall be issued to and served on the Registrar.

(5) The headquarters of the University shall be at Tirur in Malappuram District.

4. Territorial Limits.—(1) The territorial limits of the University shall extend to the whole of India.

(2)The University may establish Centres under one School or several Schools or faculties, take up research projects or other academic programmes for a limited period outside Kerala or outside India as may be required for pursuing its objectives.

(3)All Schools, research, projects, along with the other institutions coming under the jurisdiction and authority of the University shall form constituent units of the University under the full management and control of the officers and Authorities of the University and no college or any other institution shall be recognized as an affiliated unit.

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5. Objects of the University.—The following shall be the objects of the University, namely:-

(a) to formulate and implement various programmes in such way as to make proud about mother tongue and to encourage studies among malayalies;

(b) imparting education at the post graduate level on different areas of Malayalam literature, science, humanities,¹[social science and science and technology] through Malayalam medium, Malayalam language and linguistics, comparative literature, Malayalam criticism, antique, ancient record, evolution of South Indian language scripts, history of scripts, tribal language study, regional language study, the study in the categories of Poem, Short Story, Novel, Study of Kerala Renaissance History, Science, Science and Technology and Social Sciences, Epigraphy, Archaeology and Museology, and Translation into and from Malayalam;

(c) imparting education on the various manifestations of Kerala's culture particularly in the areas of folklore and written and unwritten cultural heritage, performing arts, traditional architecture, folk tales, classical and contemporary music, theatre, art of engraving, study of folklore and martial arts; (d)offering courses of study on Kerala's heritage, traditional knowledge systems, cultural anthropology and media studies with modern technical knowledge;

(e) undertaking research programmes of specific area within the overall context of Kerala's culture, heritage, language and literature, for making Malayalam script more adaptable to computer technology and to equip Malayalam to express advanced knowledge in science and technology;

(f) to publish in Malayalam the literary composition regarding the culture, heritage and language of Kerala;

(g) taking up projects for collection, documentation, preservation and inventorisation of cultural expressions of Kerala including valuable manuscripts, using modern technology.

6. Admission to the University.—(1) Subject to the provisions of this Act and the Statutes, admission to various courses of the University shall be open to all persons who are eligible to study, as decided by the Academic Council of the

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University:

Provided that nothing in this section shall be deemed to require the University to admit to any course of study any person who does not meet the prescribed academic qualifications for admission or to retain on the rolls of the University any person whose academic records are below the minimum standards required for the award of a degree or diploma or certificate or whose personal conduct is prejudicial to the rights and privileges of other students and staff of University or to admit to any course of study larger number of students other than determined by the Academic Council.

(2) Subject to the provisions of sub-section (1), seats shall be reserved for the reservation categories in accordance with the reservation policy existing in the State, from time to time.

(3) Nothing contained in sub-section (1) and (2) shall apply to the persons from other countries who came to study and to conduct research regarding the heritage or¹[Malayalam language] in compliance with the conditions of Government of India.

7. Powers and functions of the University.—The University shall have the following powers and functions, namely:-

(i) to provide instruction in Malayalam language, literature, translation, comparative literature, folk, classical, ritualistic arts of Kerala and tribal culture, Kerala's traditional knowledge systems, folk tales, folklore studies, martial art studies, cultural studies, media studies with modern technical knowledge and allied branches as the University may deem fit;

(ii) to take up research in the areas of Malayalam language and linguistics, Malayalam literature, Malayalam diction comparative literature, other forms of cultural expressions particular to Kerala, contemporary cultural issues;

(iii) to do necessary activities to protect and popularize the correct [pronunciation]²of words and purity of Malayalam language;

(iv) to take steps to protect the dialectal difference of³[Malayalam language] which was used and being used in various regions of Kerala and to

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make the subject related to the same as part of the curriculum;

(v) to undertake research for making Malayalam script compatible with computer technology and to enrich Malayalam language for expressing new ideas in science and technology;

(vi) to institute degrees, diplomas, post graduate degrees and research degrees and other¹[academic distinctions, to provide] opportunity to conduct graduate and post graduate degree courses in modern subjects on science and technology, social science, humanities and vocational subjects in Malayalam medium and to provide opportunity to submit research thesis including Ph.D. in any subjects written in Malayalam and to confer degrees by evaluating them;

(vii) to institute courses of study and hold examinations and award degrees, diplomas and other academic distinctions on persons who have successfully completed the course of study in all respects;

(viii) to confer honorary degrees and other distinctions as may be prescribed;

(ix) to co-operate with other Universities and other institutions within the State, within the country or any other country for the furtherance of the objects of the University;

(x) to establish Schools of study in areas such as Malayalam language studies, Malayalam literature, comparative literature, translation, performing arts, inscription arts and vasthu vidya, cultural studies, media studies with modern technical knowledge,²[Malayalam film studies], traditional knowledge systems, philosophy etc. and in any other areas of interest and concern to the University under the established Faculties;

(xi) to publish books, which can promote the language, culture and history of language in Kerala;

(xii) to arrange study and research activities necessary for making available resourceful books in Malayalam at graduate and postgraduate levels;

(xiii) to establish and maintain a University library relevant to the course of study and research of the University;

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(xiv) to establish and maintain a cultural museum;

(xv) to create posts for teaching and research and other academic activities with the prior approval of the Government and to appoint persons with prescribed qualification to such posts;

(xvi) to create administrative posts as approved by the Government and to appoint persons with prescribed qualifications to such posts;

(xvii) to institute and award fellowships, scholarships and prizes in accordance with the Statutes;

(xviii) to institute Chairs in the name of past eminent personalities who had made great contributions to Malayalam language, literature and art;

(xix) to institute Endowments for conducting specialized lectures, studies and projects;

(xx) to appoint Emeritus Professors as may be prescribed and to invite reputed writers and artists within the country and outside India, without reference to their academic qualifications, as Writer/Artist/Scholar in residence;

(xxi) to fix, demand and receive such fees and other charges as may be prescribed;

(xxii) to provide and maintain residential accommodation to the students, staff, teachers and officers of the University;

(xxiii) to supervise and control the conduct and discipline of the students of the University and to take the required steps to facilitate their health and welfare, and;

(xxiv) to do all such acts, whether in connection to the powers and functions mentioned above or not, as may be necessary, for achieving the aims and objectives of the University.

CHAPTER III

AUTHORITIES OF THE UNIVERSITY

8. Authorities of the University.—The following shall be the Authorities of the University:-

(i) The General Council;

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(ii) The Executive Committee;

(iii) The Academic Council;

(iv) The Research Council;

(v) The Faculty Advisory Committees;

(vi) The Faculties;

(vii) The Boards of Studies;

(viii) such other institutions, as may be specified by the Statutes to be Authorities of the University.

9. The General Council.—The General Council shall consist of the following members, namely:-

(a) Ex-Officio members

(i) The Chancellor;

(ii) The Pro-Chancellor;

(iii) The Vice-Chancellor;

(iv) The Pro-Vice-Chancellor;

(v) Secretary to Government in charge of the Higher Education Department;

(vi) Secretary to Government in charge of the Finance Department;

(vii) Secretary to Government in charge of the Cultural Affairs Department;

(viii) Member of Parliament, representing the area where the University Head quarters is situated;

(ix) Member of the Legislative Assembly, representing the area where the University Headquarters is situated;

(x) Vice Chancellor, Kerala Kalamandalam;

(xi) President, Kerala Sahithya Academy;

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(xii) Chairman, Kerala Sangeeta Nataka Academy;

(xiii) Chairman, Kerala Lalitha Kala Academy;

(xiv) Chairman, Kerala Folklore Academy;

(xv) Director, Bhasha Institute;

(xvi) Director, Malayalam Mission;

(xvii) Director, Centre For Kerala Heritage Studies;

(xviii) Director, Vastu Vidya Gurukulam;

(xix) Chairman of the Advisory Committee, Faculty of Language Studies;

(xx) Chairman of the Advisory Committee, Faculty of Literature;

(xxi) Chairman of the Advisory Committee, Faculty of Arts;

(xxii) Chairman of the Advisory Committee, Faculty of Heritage Studies;

(xxiii) Chairman of the Advisory Committee, Faculty of Traditional Knowledge Systems;

(xxiv) Dean, Faculty of Language Studies;

(xxv) Dean, Faculty of Literature;

(xxvi) Dean, Faculty of Arts;

(xxvii) Dean, Faculty of Heritage Studies; (xxviii)Dean, Faculty of Traditional Knowledge Systems;

(xxix) Chairman, Chalachithra Academy;

(xxx) Vice Chairmen of Research Councils;

(b) Nominated members

(i) One member each nominated by the Government from Kerala Kala Mandalam, Kerala Sahithya Academy, Kerala Sangeetha Nadaka Academy, Kerala Lalitha Kala Academy, Kerala Folklore Academy, Malayalam Mission, Centre for

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Kerala Heritage Studies, Vasthuvidya Gurukulam of which atleast one shall be a 1 [woman] and one shall be from Scheduled Caste or Scheduled Tribe;

(ii) Two Public men having interest in literary and cultural activities to be nominated by the Government.

(iii) One person representing the printing media and one person representing the audio visual media, to be nominated by the Government.

(c) Elected Members

(i) Two persons elected by the students from among themselves;

(ii) Two Persons elected by the Research Scholars from among themselves;

(iii) Two persons elected by the Directors of the Schools of the University from among themselves;

(iv) Two teachers elected by the full time teachers of the University from among themselves;

(v) Two persons elected by the non-teaching staff of the University from among themselves;

10. Tenure of the General Council.—(1) The tenure of the General Council shall be three years.

(2) Every member of the General Council other than an ex-officio member shall, subject to the provisions of this Act and the Statutes, hold office until reconstitution of the General Council:

Provided that no member nominated or elected in his capacity as a member of a particular body or as the holder of a particular office shall serve as a member of the General Council once he ceases to hold that office, except for a period of thirty days thereafter.

(3) When a person ceases to be a member of the General Council, he shall cease to be a member of any of the authorities of the University of which he may happen to be a member by virtue of the membership in the General Council.

11. Powers and Functions of the General Council.—(1) The General Council

1. vide errata no. 23146/Leg.G2/2012/Law. dated 27^thJune, 2013 published in the Kerala Gazette Extraordinary No. 1844 dated 27^thJune, 2013.

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shall be the supreme authority of the University and shall have the power to review the action of the Executive Committee and the Academic Council if any action of these Authorities has not been in accordance with the provisions of this Act, Statutes, Ordinance or Regulations:

Provided that if any question arises as to whether the Executive Committee or the Academic Council has acted in accordance with the powers vested in them or not, the question shall be referred to the Chancellor and his decision shall be final.

(2) Same as otherwise expressly provided in this Act, the General Council shall have the following powers, namely:-

(a) to lay down the broad approach and policies for achieving the objects of the University and to guide the University to achieve high intellectual and academic standards in its programmes of study and research;

(b) to decide what diplomas, degrees, post graduate degrees, research and other academic distinctions shall be granted by the University;

(c) to make, amend or repeal Statutes either on its own motion or on the motion of the Executive Committee;

(d) to cancel or amend any order passed by the Executive Committee or any Regulation passed by the Academic Council;

(e) to institute fellowships, Scholarships, medals, prizes and other instruments for recognizing and encouraging academic excellence in accordance with the provisions of this Act, Statutes, Ordinances and Regulations;

(f) to institute the positions of Professors, Readers and Assistant Professors and such other teaching or research posts as the General Council may deem necessary;

(g) to establish positions of Visitor, Emeritus Professor, Visiting Professor, Writer in Residence, Artist in Residence, Scholar in Residence, Gurus from time to time as deemed necessary;

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

(i) to regulate emoluments and prescribe the duties and conditions of service of teachers;

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(j) to review and take such action as it may deem fit on the annual report and annual accounts of the University which shall be placed before the General Council by the Executive Committee in the meeting during the first quarter of the succeeding financial year;

(k) to approve with or without modification the annual budget of the University for the next financial year which shall be presented before the General Council in the meeting to be convened in the last quarter of the current financial year;

(l) to cancel or withdraw any degree, diploma or title or any other distinction granted to any person for specific reasons to be recorded;

(m) to make Statutes regulating the method of election to the Authorities of the University, the procedure at the meetings of the General Council, the Executive Committee and other Authorities of the University and the quorum of the members required for transaction of business in any of the Authorities of the University;

(n) to co-operate and collaborate with other Universities and Institutions within India or anywhere in the world in accordance with the relevant laws and procedures, provided such collaboration is explicitly for furthering the academic and intellectual interests of the University;

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

12. Meetings of the General Council.—(1) The General Council shall meet at least once in four months on the dates to be fixed by the Vice Chancellor and the annual report and accounts of the preceding year shall be placed in the first meeting in a financial year and the budget for the coming year shall be placed for approval in the last meeting in financial year.

(2) One third of the total members shall be the quorum of the meeting of the General Council:

Provided that such quorum shall not be required for convocation or a meeting convened to confer degrees, titles or other distinctions.

(3) The Vice-Chancellor may, at any time he thinks fit, convene a special

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meeting of the¹[General Council], for a specific purpose. Upon a requisition signed by at least ten members of the General Council convene a special meeting of the General Council for a specific purpose and no subject other than the purpose for which the special meeting has been convened shall be considered in the meeting.

(4) In the absence of the Chancellor and the Pro-Chancellor, the Vice- Chancellor shall chair the meetings of the General Council.

13. The Executive Committee.—The Executive Committee shall be the chief executive body of the University and shall consist of the following members, namely:—

(a) Ex-officio members

(i) The Vice-Chancellor;

(ii) The Pro-Vice-Chancellor;

(iii) Secretary to Government in charge of the Higher Education Department;

(iv) Secretary to Government in charge of the Finance Department;

(v) Secretary to Government in charge of the Cultural Affairs Department;

(vi) Two Chairmen of the Faculty Advisory Committee to be nominated by the Vice-Chancellor for a period of one year;

(vii) One Vice-Chairman of the Research Council to be nominated by the Vice-Chancellor for a period of one Year;

(b) Elected members

(i) One member elected by the elected members of the General Council from among the Directors of Schools in the General Council;

(ii) One member elected by the elected members of the General Council from among the teachers in the General Council;

(iii) One member elected by the elected members of the General Council from among the students in the General Council;

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(c) Nominated members Three eminent writers, artists and scholars who are members in the General Council nominated by the Chancellor.

14. Term of office of the Executive Committee.—(1) An elected member of the Executive Committee shall hold office for one year from the date from which he is elected.

(2) A member nominated to the Executive Committee by the Vice- Chancellor shall hold office for one year from the date of nomination.

(3) A member nominated to the Executive Committee by the Chancellor shall hold office for one year from the date of nomination.

(4) The term of the Executive Committee shall be co-terminus with the term of the General Council.

(5) No person other than the Ex-officio members shall be eligible to hold the office as member of the Executive Committee for more than two terms in succession.

(6) The Quorum of the meeting of the Executive Committee shall be nine members.

15. Powers of the Executive Committee.—(1) Subject to the provisions of this Act and the Statutes, the executive powers of the University including the general superintendence and control over the institutions and activities of the University shall be vested in the Executive Committee.

(2) Subject to the provisions of this Act and Statutes, Ordinances and Regulations the Executive Committee shall have the following powers, namely.—

(a) to take decisions on any administrative and academic matter within the provisions of this Act, Statutes, Ordinances and Regulations;

(b) to hold, control and administer the properties and funds of the University;

(c) to make Ordinance and to amend or repeal the same;

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

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(e) to arrange for and direct the inspection of any institution or programme or project under the University;

(f) to establish, maintain and manage schools and research projects and other institutions and activities required for achieving the objects of the University;

(g) to appoint teachers and other employees of the University and prescribe their duties;

(h) to create academic, administrative, specialised and managerial posts and engage people on a permanent basis or for a specified period;

(i) to order inquiry into any irregularity brought to its notice and to suspend, discharge, dismiss or take disciplinary action against the teachers and staff of the University after giving them reasonable opportunity to defend themselves;

(j) to award fellowships, scholarships and other incentives and recognition to students and research scholars;

(k) to supervise and ensure proper accommodation to students and teaching and non-teaching staff of the University;

(l) to prepare the annual budget of the University for the next financial year and present it before the General Council in the last quarter of the current financial year to exercise such measures as necessary to balance the income and expenditure as contemplated in the budget;

(m)to cause the audit of the annual accounts of the University and finalise the audited accounts and financial statements and to present it before the General Council in the quarter of the succeeding financial year;

(n) to conduct University examinations and approve and publish results;

(o) to appoint members of the Boards of Studies;

(p) to approve panel of examiners and decide on their remuneration and other conditions;

(q) to delegate any of its powers to the Vice-Chancellor;

(r) to appoint committees from among its members for purposes to be specified and delegate any of its powers to such committees;

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(s) to withhold or cancel the results of any examination or the results of any candidate if the situation warrants such action;

(t) to accept endowments, donations and transfers of any movable or immovable properties to the University on its behalf, for the furtherance of the objects of the University and to report the same to the General Council in its next meeting;

(u) to exercise such other powers and perform such other duties as may be prescribed by Statutes, Ordinances and Regulations.

16. The Academic Council.—(1) The Academic Council shall consist of the following members, namely:-

(a) The Vice-Chancellor;

(b) Deans of the faculties;

(c) Vice Chairmen of the Research Council;

(d) Director of Student's Welfare;

(e) University Librarian;

(f) Curator of the University Museum;

(g) Directors of Schools;

(h) The Registrar;

(i) three Scholars of eminence to be nominated by the Chancellor.

(2) The Academic Council may co-opt as members not more than ten experts and practitioners of various art forms. Such persons shall be those representing various Art forms as far as possible. One member from among them shall be from Scheduled Caste or Scheduled Tribe and one shall be a woman.

(3) One-third of the number of the members of Academic Council shall be the quorum of its meeting.

17. Powers, Functions and Duties of the Academic Council.—(1) The Academic Council shall, subject to the provisions of this Act and the Statutes, have the control and general regulation of the academic matters of the University and be responsible for maintaining high standards of study and research, and

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examination in the University and shall exercise such powers and perform such functions conferred upon it by the Statutes or as may be necessary to achieve standards of academic excellence.

(2) Subject to the provisions of this Act and the Statutes, the Academic Council shall have the following powers, duties and functions, namely:—

(a) to advise the General Council and the Executive Committee on all academic matters;

(b) to make regulations and to amend or repeal the same;

(c) to prescribe the courses of study in the Schools and Centres of the University;

(d) to approve the topics of research and research projects as recommended by the Research Council;

(e) to recommend the qualification to be prescribed for the teachers of the University;

(f) to prescribe the qualifications for admission to students to various courses of study;

(g) to prescribe the eligibility of students to appear for the examinations and to grant exemptions for valid reasons to be recorded;

(h) to approve the curriculum for the various courses of study on the recommendation of the respective Boards of Studies and after giving due consideration for the advice rendered by the respective Faculty;

(i) to approve the details of academic activities envisaged under a Chair instituted in the University;

(j) to recommend the approval of degrees, diplomas and other academic distinctions granted by the University;

(k) to formulate, review, modify or revise schemes for the constitution or reconstitution of departments of teaching and research based on the advice of the Faculty Advisory Committees;

(l) to make recommendations on the curriculum and the manner of curriculum transaction for the various courses of study in the University;

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(m) to exercise such other powers and perform such other functions as may be conferred or imposed by this Act, Statutes, Ordinances and the Regulations.

18. Research Council.—(1) The University shall have a Research Council which shall be responsible for deciding on the research programmes and policy of the University under the various disciplines and shall consider and approve with or without modifications the research proposals leading to the award of Ph.D or applied Research Projects in order to make them meaningful.

(2) Apart from considering and approving the research proposals presented before it, the Research Council may also suggest and advice to take up research on specific areas.

19. Constitution of the Research Council.—(1) Vice-Chancellor shall be the Chairman of the Research Council, which may have the following members, namely:—

(a) Deans of Faculties;

(b) Directors of Schools;

(c) Six distinguished Professors one each from the field of literature, fine arts, folklore, music, traditional knowledge systems and media to be nominated by the chancellor.

(2) There shall be three Vice - Chairmen for the Research Council in three broad areas of literature and culture to be nominated by the Chancellor from among the members nominated.

20. Faculty Advisory Committees.—(1) Every faculty of the University shall have a Faculty Advisory Committee with not exceeding ten members and one of them shall be designated as Chairman. The Dean of the Faculty concerned shall be the Convener of the Advisory Committee.

(2) The Faculty Advisory Committee shall consist of outstanding scholars, performers, artists and writers of undisputed authority and eminence. The members of the Committee with its Chairman shall be constituted by the chancellor based on the recommendation of the Vice -Chancellor. In making these recommendations the Vice - Chancellor shall be guided more by the eminence and authority of the persons than their academic qualifications.

21. Powers and Duties of the Faculty Advisory Committees.—(1) The

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Faculty Advisory Committee shall advise and guide in making the courses offered in the respective Faculties more comprehensive, contemporary and relevant. The suggestions, recommendations and advice of the Faculty Advisory committees shall be placed in the Boards of Studies and Academic Council or any other body as may be necessary.

(2) The Faculty Advisory Committee may suggest to invite any distinguished performer, artist, scholar or writer or any other person whom the committee considers as useful as Visiting Faculty, Guru or writer/artist/ scholar in Residence or Professor Emeritus, for the benefit of the students with approval of the Vice - Chancellor.

(3) Chairman and four members shall constitute the quorum for the meeting of the Faculty Advisory Committee and shall be open to the Chairman of the Faculty Advisory Committee to invite any expert to one or more meetings of the Committee as deemed necessary.

22. The Faculties.—(1) The University shall have the following Faculties, namely:—

(i) Faculty of Malayalam Language Studies;

(ii) Faculty of Literature;

(iii) Faculty of Arts;

(iv) Faculty of Heritage Studies;

(v) Faculty of Traditional Knowledge Systems; and

(vi) Such other Faculties as may be prescribed.

(2) Each Faculty shall set up Schools in such areas of study as may be prescribed and each School shall have a Director to manage the affairs of the School.

(3) Every school shall offer the courses of study as may be prescribed.

(4) The Dean shall be the Chairman of the Faculty under him and he shall be responsible for the study and research programmes in the Schools in the Faculty. The Dean shall be responsible for the conduct of the academic and administrative matters pertaining to the students and teachers of the Schools under each Faculty, including conduct of teaching , research and examination.

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(5) In carrying out the academic work and research programme in his Faculty, the Dean shall be guided by the Faculty Advisory Committee and the Research Council.

23. Board of Studies.— (1) There shall be a Board of studies for every school under a Faculty, which shall frame the detailed curriculum for every course of study offered.

(2) Every Board of Studies shall be constituted by the Executive Committee on the advice of the Academic Council.

(3) Every Board of studies may ordinarily have eight members and a Chairman may be selected by the members from among themselves.

(4) The Director of the School concerned shall be the Secretary of the Board of Studies and he shall keep the record of the deliberations and present its recommendations to the Dean, who may cause it to be presented before the Academic Council.

(5) The term of a Board of studies shall be two years and can be extended, if deemed expedient, by six months with the approval of the Executive Committee.

24. Filling up of Vacancies and Removal of member.—(1) No vacancy in the authorities of the University shall be kept vacant for more than three months.

(2) A member in any of the authority of the University if convicted in a criminal proceedings or punished for moral turpitude or corruption by a competent court or authority may be removed by the General Council after giving him an opportunity of being heard.

25. Saving of Validity.—(1) No act or proceedings of any authority or body of the University shall be invalid merely by reason of any defect in the constitution of such authority or body or the existence of any vacancy or by reason of any person whose tenure is questionable has participated in the proceedings.

(2) Any dispute about the legality of nomination of a member to any authority or body shall be referred to the Chancellor, whose decision shall be final.

(3) Save as otherwise provided in this Act, all acts done and order issued in good faith by the University or any authority or body of the University shall be final and no suit shall be instituted against or damage claimed for anything done or

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purported to be done in pursuance of this Act, the Statutes, Ordinances and Regulations of the University.

(4) No, suit, prosecution or other proceedings shall lie against any Officer or other employee of the University, except the vice - Chancellor for any act done or purported to be done under this Act, or the Statutes, Ordinances or the Regulations, without the prior sanction of the General Council. No suit or prosecution or any other inquiry against the Vice -Chancellor shall be initiated except with the prior permission of the Chancellor.

(5) No officer or other employee of the University shall be liable for any civil or criminal proceedings if the act has been done in good faith and in the natural course of executing the duties or the discharge of functions enjoined by this Act.

CHAPTER IV

THE CHANCELLOR AND PRO-CHANCELLOR

26. The Chancellor.—(1) The Governor of Kerala shall, by virtue of his office, be the Chancellor of the University.

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

(3) Every proposal to confer an honorary degree shall be subject to confirmation by the Chancellor.

(4) The Chancellor shall exercise such other powers and perform such other functions as may be conferred or imposed on him by this Act or the Statutes.

27. The Pro- Chancellor.—(1) The Minister in charge of Education of the State shall, by virtue of his office, be the Pro-Chancellor of the University.

(2) In the absence of the Chancellor or during his inability to act, the Pro- Chancellor shall exercise all the powers and perform all the functions of the Chancellor.

(3)The Pro- Chancellor shall also exercise such other powers and perform such other functions of the Chancellor as the Chancellor may by order in writing delegate to the Pro- Chancellor and such delegation may subject to such restrictions as may be specified in such order.

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CHAPTER V

OFFICERS OF THE UNIVERSITY

28. Officers of the University.—The following shall be the officers of the University, namely:—

(i) the Vice - Chancellor;

(ii) the Pro- Vice -Chancellor;

(iii) the Registrar;

(iv) the Controller of Examinations;

(v) the Finance Officer;

(vi) the Deans of Faculties;

(vii) the Directors of Schools;

(viii) the University Librarian;

(ix) the Curator of the University Museum;

(x) any other person declared by the Statutes to be the officer of the University.

29. The Vice-Chancellor.—(1) The Vice-Chancellor shall be a full- time officer of the University.

(2) The Vice-Chancellor shall be appointed by the Chancellor on the advice of a Search Committee consisting of a nominee of the Chancellor, a representative of the Government and a representative of the UGC. The nominee of the Chancellor shall be the Chairman of the Search Committee. Provided that if the advice rendered by the Search Committee is not unanimous, the Chancellor may accept the opinion of the majority of its members.

(3) The Search Committee may establish its own procedure for securing the names of eligible candidates for consideration from individuals and bodies as it considers appropriate.

(4) Notwithstanding anything contained in sub-section (2), the first Vice- chancellor, after commencement of his Act shall be appointed by the Chancellor

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for a period not exceeding five years on such terms and conditions as the chancellor may determine.

(5) The Vice - Chancellor shall hold office for a term of 5 years and shall be eligible for re -appointment for one more term:

Provided that a Vice - Chancellor appointed under this section shall cease to hold office on his completing the age of sixty five years.

(6) The emoluments, perquisites and other service conditions of the Vice - Chancellor shall be such as may be prescribed.

(7) The Vice-Chancellor may resign his office by conveying in writing to the Chancellor.

(8) The resignation of the Vice-Chancellor shall take effect from the date of the Chancellor accepting it and relieving him from the duties.

(9) In the event of a temporary or permanent vacancy occurring in the office of the Vice - Chancellor, the Chancellor shall make necessary interim arrangements till the vacancy is duly filled in accordance with the provisions of sub- section (2) and such interim arrangement shall not ordinarily continue for more than three months.

30. Powers and duties of the Vice-Chancellor.—(1) The Vice-Chancellor shall be the principal executive and academic officer of the University and ex- officio Chairman of the Executive Committee and the Academic Council and shall, in the absence of the Chancellor and Pro- chancellor, preside at the meetings of the General Council and at the convocation of the University and confer degrees on persons entitled to receive them.

(2) The Vice-Chancellor shall exercise general control over the affairs of the University and shall be responsible for the proper management and administration of the University.

(3) The Vice - Chancellor shall convene meetings of the General Council, the Executive Committee and the Academic Council.

(4) The Vice-Chancellor shall ensure faithful observance of the provisions of this Act, the Statutes, Ordinances and Regulations and may exercise such powers as may be necessary for this purpose.

(5) The Vice - Chancellor shall be responsible for the presentation of the

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budget estimates and the annual accounts to the Executive Committee and the General Council.

(6) The Vice- Chancellor may take any action in an emergency which in his opinion calls for immediate action and shall in such cases, report the action so taken in the next meeting of the Executive Committee.

(7) Any person aggrieved by any order of the Vice- Chancellor may appeal to the Executive Committee.

(8) The Vice - Chancellor shall give effect to the decisions of the General Council and the Executive Committee.

(9) The Vice- Chancellor shall be responsible for the proper co-ordination of the various departments of the University.

(10) Subject to the provisions of this Act and Statutes the Vice- Chancellor shall with the approval of the Executive Committee appoint the teachers and other employees of the University.

(11) Subject to ratification by the Executive Committee, the Vice- Chancellor shall have the power to suspend the teachers and other employees of the University and to take disciplinary action against them.

(12) The Vice Chancellor shall exercise supervision and control over the discipline among students.

(13) The Vice- Chancellor shall take up activities that are meant to ensure the well-being and welfare of the teachers, staff and students of the University.

(14) The Vice Chancellor shall exercise such other powers as may be prescribed for carrying out the purposes of this Act.

31. Pro-Vice-Chancellor.—(1) The Chancellor shall appoint a Pro- Vice Chancellor for the University.

(2) The Persons so appointed shall not be above the age of fifty six years.

(3) The term of appointment of the Pro-Vice- Chancellor shall be five years from the date on which he enters his office and shall be a whole time officer of the University.

(4) The salary and other conditions of service of the Pro- Vice - Chancellor shall be as prescribed by the statutes.

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(5) Subject to the provisions the Act, Statutes, Ordinances and Regulations, the powers and functions of the Pro-Vice-Chancellor shall be determined by the Chancellor, in consultation with the Vice-Chancellor.

32. The Registrar.—(1) The Registrar shall be a full time officer of the University and shall be appointed in such manner in accordance with the Statutes.

(2) The Registrar shall be responsible for the due custody of the common seal of the University.

(3) The Registrar shall be the ex-officio Secretary to the General council and the Executive Committee and the Academic Council and shall be responsible for the proper recording of their proceedings and for placing before such authorities all such matters as may be necessary for the transaction of their business.

(4) The Registrar shall receive applications for admission to the various courses of the University and shall keep permanent record of all courses, curricula and other information as may be deemed necessary by the Academic Council.

(5) The Registrar shall perform such other duties as may be prescribed or which may be assigned by the Executive Committee or the Vice-Chancellor. 1 [(6) The Registrar shall be appointed for a period of four years from the date on which he enters upon his office or till he completes the age of fifty-six years, whichever is earlier and he shall be entitled for the emoluments and other service conditions as may be prescribed.

(7) The person appointed as Registrar shall be eligible for reappointment for one more period subject to the provisions in sub-section (6).]

33. Controller of Examinations.—(1) The Controller of Examinations shall be a full time officer of the University and shall be appointed by the Vice -Chancellor with the approval of the Executive Committee in accordance with the Statutes.

(2) The controller of Examinations shall be responsible for the timely conduct and publication of results and the timely award of mark sheets and degree certificates.

(3) It shall be the duty of the Controller of Examinations to maintain the

1 Substituted by Act 15 of 2019.

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secrecy of the question papers, identify the external evaluators and such other matters of confidential nature related to the conduct of examinations.

(4) The Controller of Examinations shall be responsible for maintaining the record of examination and other assessments made with regard to the students and research scholars and shall pass on such information to the concerned Deans of Faculties.

1 [(5)The Controller of Examinations shall be appointed for a period of four years from the date on which he enters upon his office or till he completes the age of fifty-six years, whichever is earlier and he shall be entitled for the emoluments and other service conditions as may be prescribed.

(6) The person appointed as Controller of Examinations shall be eligible for re-appointment for one more period subject to the provisions in sub-section

(5).]

34. The Finance Officer.—²[(1) The Finance Officer shall be a full time officer of the University and shall be appointed for a period of four years from the date on which he enters upon his office or till he completes the age of fifty-six years, whichever is earlier and on such terms and conditions as may be prescribed. (1A) The person appointed as Finance Officer shall be eligible for re- appointment for one more period subject to the provisions in sub-section (1).]

(2) The Finance Officer shall manage the funds and investments of the University and shall advice on matters of financial policy.

(3) The Finance Officer shall be responsible to the Vice-Chancellor in the preparation of the annual budget, statement of accounts and other financial reports as may be called for from time to time.

(4) The Finance Officer shall cause the timely audit of the University accounts in the manner prescribed.

(5) The Finance Officer shall be responsible to the Vice-Chancellor in ensuring that no expenditure other than those authorized in the budget is incurred by the University and shall disallow such expenditure not authorized by the budget.

(6) The finance officer shall be responsible for the revision of the budget

1 Substituted by Act 15 of 2019.

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when such revision is required, provided that the budget shall not be revised more than two times in a financial year.

35. The Deans of Faculties.—(1) Every Faculty shall be headed by a Dean who shall have the academic qualifications, service conditions and tenure as may be prescribed.

(2) The Deans shall be the academic and administrative head of the Faculties and may discharge such duties and responsibilities as may be prescribed and as may be assigned by the Vice Chancellor.

(3) The Deans shall report to the Vice-Chancellor on all academic and administrative matters.

(4) The Deans shall be the ex-officio convener of the Faculty Advisory Committees and shall place before the Advisory Committees all matters on which the advice and guidance of the committee is required. It shall be the responsibility of the Deans to keep the Chairman of the Faculty Advisory Committee informed of all major activities and developments in the schools under a Faculty.

(5) Except in the matter of conducting the examinations, the Deans shall be responsible for the proper academic activities of the various academic programmes and research under a Faculty and shall enjoy such financial powers as may be prescribed.

(6) The Deans shall maintain a comprehensive record of the academic performance of every student and research scholar of the University along with all pertinent information.

36. The Directors of Schools.—(1) A Director shall be appointed by the Vice -Chancellor with the approval of the Executive Committee as may be prescribed in the Statutes.

(2) A Director shall be the administrative head of a school and shall be responsible for the proper conduct of the academic affairs of the School. Directors shall have the powers as may be prescribed or specially assigned by the concerned Dean.

(3) A Director shall report to the Dean of the Faculty on a regular basis about the progress of the academic affairs of the school.

(4) A Director shall provide all information as may be required to apprise the Faculty Advisory Committees and other authority of the University.

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37. The University Librarian.—(1) The University Librarian shall be appointed by the Vice - Chancellor with the approval of the Executive Committee in accordance with the Statutes and shall be responsible for the purchase, cataloguing, issue and receipt and maintenance of books and journals and other information materials in other formats for the library.

(2) The University Librarian shall help the Deans and Directors in acquiring books and other manuscripts and information on other storage media and avail facilities for information networking.

(3) The University Librarian shall be responsible in the acquisition of the most pertinent books and journals and in maintaining the technological and intellectual standards of the University Library.

(4) Curator of the University Museum.—(1) The Curator of the University Museum shall possess the qualifications as may be prescribed and shall be appointed by the Vice - Chancellor with the approval of the Executive Committee in the manner prescribed by Statutes.

(5) The Curator of the Museum shall be responsible for continuously acquiring and updating the Museum with relevant artefacts and exhibits.

(6) The Curator shall be responsible in acquiring, preserving and properly exhibiting manuscripts of writers and old manuscripts in different materials.

(7) The Curator shall assist the Deans and Directors in acquiring any exhibit of a particular academic and historical value.

CHAPTER VI

APPOINTMENT OF TEACHERS, OFFICERS AND STAFF

39. Appointment of teachers, officers and staff.— (1) Subject to the provisions of this Act and the Statutes, the staff of the University shall be appointed by the Vice- Chancellor with the approval of the Executive Committee.

(2) Save as otherwise provided for in this Act and the Statutes,-

(a) every officer and teacher of the University shall be appointed under a written contract;

(b) the contract shall be lodged with the Vice - Chancellor and a copy thereof shall be furnished to the officer or teacher concerned;

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(c) the contract shall not be inconsistent with the provisions of this Act, Statutes and Ordinances for the time being in force in relation to conditions of service.

(3) The procedure for selection of non-teaching staff of the University shall be through Public Service Commission and unless otherwise provided for in this Act, be such as may be prescribed.

(4) The normal retirement age of the Deans of Faculties, the Director of Schools and Registrar shall be sixty years.

(5) The normal retirement age of teachers, officers of the University other than the Vice Chancellor and Pro-Vice-Chancellor and those specified in sub- section (4) shall be fifty six years.

¹[40. Reservation of appointments.— In making appointments to the teaching and non-teaching posts, the University shall, mutatis mutandis, observe the provisions of clauses (a), (b) and (c) of rule 14 and the provisions of rules 15,16,17 and 17A of the Kerala State and Subordinate Services Rules,1958, as amended from time to time, and communal rotation shall be followed category- wise treating all the departments as one unit.]

CHAPTER VII

FUNDS AND ACCOUNTS

41. University funds and grants.— (1) The University shall have a General Fund to which shall be credited, namely:—

(a) its income from fees, endowments and grants, if any;

(b) contributions or grants which may be made by the Government to fund on such conditions as may be imposed by the Government; and

(c) all other receipts.

(2) The University shall form a fund called the Foundation Fund from contributions and grants made by the Central Government and the Government of Kerala for being credited to that fund and such other sums from the University which may be credited to the said fund.

(3)The monies in the Foundation Fund shall be invested in the securities

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mentioned or referred to in clauses (a) to (d) of section 20 of the Indian Trusts Act 1882 (Central Act 2 of 1882)

(4)The University shall furnish such statements, account reports and other particulars as the Government may require relating to any grant made by the Government and shall take such action and furnish such statements, accounts, reports and other particulars relating to the utilization of any grant within such time and in such manner as the Government may direct.

(5) It shall be competent for the University in furtherance of its objectives to accept grants from the Government of Kerala or any other State Government or donations under such conditions as may be agreed upon between the University and the granter or donor.

(6)The University may have such other funds as may be prescribed. (7)The General Fund, the Foundation Fund and other funds of the University shall be managed according to the provisions laid down in the Statutes. (8)The Government shall every year make non lapsable lump sum grants to the University, namely:—

(a) a grant not less than the estimated net expenditure of pay and allowances of the staff, contingencies, supplies and services of the University;

(b) a grant to meet such additional items of expenditure, recurring and non-recurring as the Government may deem necessary for the proper functioning of the University.

42. Pension, Provident Fund, etc.— The University shall constitute for the benefit of the officers, teachers and other employees of the University such pension , insurance and provident funds as it may deem fit and subject to such conditions as may be prescribed by the statutes:

Provided that the University shall have power in consultation with the Finance Committee constituted under¹[section 43] to invest the provident fund amount in such manner as it may determine.

43. Finance Committee.—(1) There shall be a Finance Committee for the University consisting of the Vice-Chancellor, the Finance Secretary to Government or an officer not below the rank of a Joint Secretary nominated by

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him, Finance Officer of the University and two members of the Executive Committee, of whom one from among its official members and the other from among its ex-officio members as decided by the Executive Committee.

(2) The Finance Committee shall have the following powers, namely:—

(a) to examine the annual accounts of the University and to advise the Executive Committee thereon;

(b) to examine the annual budget estimates of the University and to advise the Executive Committee thereon;

(c) to review the financial position of the University from time to time,

(d) to make recommendations to the Executive Committee on all matters relating to the finance of the University.

(e) to make recommendations to the Executive Committee on all proposals involving expenditure for which no provision has been made in the budget or which involve expenditure in excess of the amount provided in the budget.

44. Accounts & Audit.—(1) The annual accounts of the University shall be prepared by the Finance Officer under the direction of the Vice - Chancellor and all monies accruing to or received by the University from whatever source and all amounts disbursed and paid by the University shall be entered in the accounts.

(2) The accounts of the University shall be audited by the Director of Local Fund Audit:

Provided that the Comptroller and Auditor General shall be competent to audit the accounts of the University in respect of the grants disbursed by the Government and utilised by the University.

(3) The accounts when audited shall be printed and copies thereof together with the audit report shall be presented by the Vice - Chancellor to the General Council, the Executive Committee and the Chancellor.

(4) The Executive Committee shall submit a copy of the accounts and the audit report to the Government along with a statement of the action taken by the University on the audit report, and the Government shall cause the same to be laid before the Legislative Assembly.