Preamble .

PREAMBLE

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

Whereas it is expedient to reorganise the University of Kerala with a view to establishing a teaching, residential and affiliating University for the southern districts of the State of Kerala;

(1) This Act may be called the Kerala University Act, 1974.

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

Provided that different dates may be appointed for different provisions of this Act and any ref

S.2 Definitions

In this Act, unless the context otherwise requires,-

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

(2) "affiliated college" means a college affiliated to the University in accordance with the provisions of this Act and the Statutes and

S.3 The University

(1) The Chancellor, the Pro-Chancellor, the Vice-Chancellor, the Pro- Vice-Chancellor, if any, and the members of the Senate, the Syndicate and the Academic Council, for the time being, shall constitute a body corporate by the name of the University of Kerala.

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

S.4 Territorial limits

(1) The jurisdiction of the University shall extend to the Revenue Districts of Trivandrum, Quilon, Alleppey, Kottayam, Idukki and Ernakulam of the State.

(2) No educational institution situated beyond the territorial limits of the University shall, save with the sanction of the Chancellor and the Government, be affiliated to the University and no educational institution

S.5 Powers of the University

The University shall have the following powers, namely:-

(i) to provide for instruction and training in such branches of learning as the University may deem fit, and to make provision for research and for the advancement and dissemination of knowledge;

(ia) t

S.6 University open to all classes and creeds

(1) No person shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence, language, political opinion or any of them, be ineligible for or discriminated against, in respect of any employment or office under the University or membership of any of the authorities or bodies of the University or admission to any degree or course of study in the University:

(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 meetings of the Senate, and at any convocation of the University.

(3) The

S.8 The Pro-Chancellor

(1) The Minister for the time being administering the subject of education in the State shall be the Pro-Chancellor of the University.

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

S.9 Officers of the University

The following shall be the officers of the University, namely:-

(i) the Vice-Chancellor;

(ii) the Pro-Vice-Chancellor;

(iii) the Registrar;

S.10 The Vice-Chancellor

(1) The Vice-Chancellor shall be appointed by the Chancellor on the unanimous recommendation of a Committee appointed by him consisting of three members, one elected by the Senate, one nominated by the Chairman of the University Grants Commission and the third nominated by the Chancellor. The Chancellor shall appoint one of the members of the Committee to be its convener. The Committee shall make its recommendation within a period of three months of its appointment.

(1) The Chancellor may, if he considers it necessary, appoint a Pro-Vice-Chancellor [***]

(2) No person who is more than fifty-six years of age shall be appointed as Pro-Vice-Chancellor.

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

S.12 The Registrar

(1) The Registrar shall be a whole-time salaried officer of the University and shall be appointed by the Syndicate for such period and on such terms as may be prescribed by the Statutes.

(2) The Registrar shall exercise such powers and perform such duties as may be prescribed by the Statutes.

(1) The Controller of Examinations shall be a whole-time salaried officer of the University and shall be appointed by the Syndicate for such period and on such terms as may be prescribed by the Statutes.

(2) The Controller of Examinations shall exercise such powers and perform such duties as may be prescribed by the Statutes.

S.14 The Finance Officer

(1) The Finance Officer shall be a whole-time salaried officer of the University and shall be appointed by the Syndicate for such period and on such terms as may be prescribed by the Statutes.

(2) The Finance Officer shall exercise such powers and perform such duties as may be prescribed by the Statutes.

S.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 notified in the Gazette.

S.16 Authorities of the University

The following shall be authorities of the University, namely:-

(i) the Senate;

(ii) the Syndicate;

(iii) the Academic Council;

The Senate shall consist of the following members, namely:-

Ex-Officio Members

(1) The Chancellor.

(2) The Pr

S.18 Reconstitution of the Senate

(1) The Senate shall be reconstituted every four years.

(2) The term of office of any member referred to in items (13) and (14) under the heading "Ex-Officio Members" in section 17 shall be two years from the date of his nomination.

(3) Every member of the Sen

S.19 Powers and functions of the Senate

(1)The Senate shall be the supreme authority of the University and shall have the power to review the action of the Syndicate and the Academic Council save where the Syndicate or the Academic Council has acted in accordance with the powers conferred upon it under this Act, the Statutes, the Ordinances or the Regulations, and shall exercise all the powers of the University not otherwise provided for by this Act or the Statutes:

(1) The Senate shall meet at least once in four months on dates to be fixed by the Vice-Chancellor, and one of such meetings shall be called the annual meeting.

(2) One-fifth of the total number of members of the Senate shall be the quorum for a meeting of the Senate:

The Syndicate shall be the Chief Executive body of the University and shall consist of the following members, namely:-

Ex-officio Members

(a) The Vice-Chancellor.

(1) Members of the Syndicate other than ex-officio members, shall hold office for a term of four years [from the date of their election or nomination, as the case may be]

Provided that no person elected in his capacity as a member of a particular body or as the holder of a particular office shall be a member of the Syndicate for a longer period than three months after h

S.23 Powers of Syndicate

Subject to the provisions of this Act and the Statutes, the executive powers of the University including the general superintendence and control over the institutions of the University shall be vested in the Syndicate and subject likewise the Syndicate shall have the following powers, namely:-

(i) to affiliate institutions in accordance with the terms and conditions of

S.23(a) Special power of the Syndicate

Notwithstanding anything contained in this Act, the Syndicate shall exercise all the powers and perform all the functions of the Senate except the power of review under sub-section (1) of section 19 till the reconstitution of the Senate]

S.24 The Academic Council

The Academic Council shall be the academic body of the University.

(2) The Academic Council shall, subject to the provisions of this Act and the Statutes, have the control and general regulation , and be responsible for the maintenance of standards, of instruction, education and examinations within the University, and shall exercise such other powers and perform such oth

S.25 Powers and duties of Academic Council

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

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

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

(iii) to prescribe the courses of studies in the institu

S.26 Faculties

(1) The University may have such faculties as may be prescribed by the Statutes from time to time.

(2) Each faculty shall, subject to the control of the Academic Council have charge of the teaching and the courses of study and research in such subjects as may be assigned to such faculty by the Ordinances or Regulations.

(1) There shall be a Dean of each faculty , who shall be nominated by the Chancellor in consultation with the Vice-Chancellor.]

(2) The Dean of each faculty shall be responsible for the due observance of the Statutes, Ordinances, Regulations and bye-laws relating to that faculty.

(1) There shall be a Board of Studies attached to each department of study in the University:

Provided however that post-graduate studies in each department may have separate Board of Studies.

(2) The constitution and powers of the Boards of Studies shall be

S.29 Students' Council

(1) There shall be a Students' Council in the University.

(2) The Students' Council shall consist of the following members, namely:-

 Ex-officio Members

(1) Subject to the provisions of this Act and the Statutes, the Students' Council shall have the following powers, duties and functions, namely:-

(a) to make recommendations to the Syndicate and to the Academic Council in matters affecting the academic work of the students, such as the structure of courses and pattern of instruction, the corporate life of the University

S.31 Finance Committee

(1) There shall be a Finance Committee to give advice to the University on any question affecting its finances.

(2) The Finance Committee shall consist of the following members, namely:-

(a) the Vice-Chancellor who shall be the Chairman;

The constitution, powers and duties of such other authorities as may be declared by the Statutes to the authorities of the University, shall be prescribed by the Statutes.

S.33 Disqualifications for membership

(1) No person shall be qualified for election or nomination or appointment as a member of any of the authorities of the University or for continuing as such member, if he-

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

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

S.34 The Statutes

Subject to the provisions of this Act, the Statute may provide for all or any of the following matters, namely:-

(a) the powers and duties of the officers of the University , not specifically provided for in this Act;

(b) the constitution, powers and duties

S.35 Procedure for making Statutes

(1) The Senate may of its own motion take into consideration the draft of a Statute:

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

(2) The Syndica

S.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 following matters, namely:-

(a) the levy of fees in colleges and other institutions, by the University; .

(b) the residen

S.37 Procedure for making Ordinances

(1) All Ordinances made under this Act shall have effect from such date as the Syndicate may direct, but every Ordinance so made and the repeal of any Ordinance shall be laid before the Senate during its next succeeding meeting.

(2) If any Ordinance or repeal of an Ordinance is not laid before the Senate as required by sub-section (1), the Ordinance shall lapse or, as th

S.38 Regulations

Subject to the provisions of this 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 examinations;

(b) the admission of stu

S.39 Procedure for making Regulations

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

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

S.40 Rules, bye-laws and orders

(1) The Syndicate shall have power to make rules, bye-laws and orders not inconsistent with the provisions of the Act, the Statutes, the Ordinances and the Regulations, for the guidance and working of Boards and Committees and other bodies constituted under the provisions of this Act, or the Statutes or the Ordinances or the Regulations and for regulating the procedure and conduct of business at meetings of any authority of the University other than the Senate.

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

S.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 University shall be held in accordance with the system of proportional representation by means of the single transferable vote and in accordance with the procedure prescribed by the Statutes, and the voting at such elections shall be by secret ballot.

S.43 Filling up of vacancies

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

(2) Any person appointed, elected or nominated under sub-section (1) shall hold office as member so long only as

S.44 Resignation or removal of members of any authority or body

(1)Any member of any authority or body of the University may resign 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 Syndicate, remove the name of any person convicted by a court of law of any offence involving moral delinquency or punished by the University for malpract

S.45 University Fund

(1) All grants and loans received from the State Government, the Government of India, the University Grants Commission and from any other source, all revenues of the University , all fees received, all incomes such as rent and profits derived from properties and funds vested in the University , all endowments and donations received from any source whatsoever, all other miscellaneous receipts of the University and all deposits, remittances and service funds, received in connection w

S.46 Grants from Government

(1) The University shall receive as grants for its maintenance such sums subject to such conditions as may be fixed by the Government from time to time.

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

S.47 Annual estimates of income and expenditure

(1) The Syndicate shall prepare the financial estimates of the income and expenditure of the University for the next ensuing year before such dates as may be prescribed by the Statutes, and forward the same together with a memorandum conveying explanatory notes thereon to the Senate for consideration.

(2) The Senate shall consider the financial estimates at its annual meeting and shall approve it, either without al

S.48 Annual Accounts

1) The annual accounts of the University shall be prepared under the directions of the syndicate and shall be submitted to the Government for audit.

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

S.49 Annual Report

(1) The annual report of the University shall be prepared under the direction of the Syndicate and shall be presented to the Senate for its review on or before such date as may be prescribed by the Statutes.

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

(1) The Government shall appoint auditors to the accounts of the University and the institutions under the management of the University.

(2) The auditors shall maintain a continuous audit of the accounts of the University and may, after giving due intimation, conduct local audit of any institution under the management of the University.

In this Chapter, -

(a) "corporate management" means an educational agency which manages more than one private college;

(b) "unitary management" means an educational agency which manages a private college;

S.52 Governing body for private college under unitary management

(1) A unitary management shall constitute in accordance with the provisions of the Statutes a governing body consisting of the following members, namely:-

(a) The principal of the private college;

(b) the manager of the private college;

(1) A corporate management shall constitute a managing council for all the private colleges under its management, consisting of the following members, namely:-

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

(b) the manager

S.54 Appointment of Manager

(1) A unitary management or corporate management shall appoint a manager for the private college or for all the private colleges, as the case may be, under its management within the University area.

(2) The appointment or removal of the manager shall be intimated to the University by the unitary management or the corporate management, as the case may be.

No act or proceeding of a governing body or managing council shall be invalidated merely by reason of-

(a) any vacancy in, or any defect in the constitution of, the governing body or managing council; or

(b) any defect in the appointment of a person acting a

S.56 Affiliation of colleges

(1) An application for affiliation to the University of any college [or for affiliation in new courses in any affiliated college] shall be sent by the educational agency to the Registrar within such time and in such manner as may be prescribed by the Statutes.

(2) The terms and conditions of affiliation of a college or of affiliation in new courses in an affiliated colle

S.57 Appointment of teachers in private colleges

(1) Appointments to the posts eligible to receive salary from the Government shall be made only against posts sanctioned by the Government or by such officers as may be authorized by the Government.]

(1A)] Appointments to the lowest grade of teacher in each department of a private college shall be made by the educational agency by direct recruitment on the basis of merit

S.58 Qualifications of Teachers

(1) Teachers of colleges shall possess such qualifications as may be prescribed by the Regulations.

(2) Notwithstanding anything contained in any law or in any judgment, decree or order of any court or other authority, any decision or order exempting any teacher from possessing the prescribed qualifications or approving the appointment of any teacher who did not possess

S.59 Probation

(1) Teachers of private colleges shall be of probation for a period of one year within a period of two years:

Provided that in exceptional cases, the period of probation may be extended by a period not exceeding one year, subject to the prior approval of the Syndicate.

(1) Notwithstanding anything contained in any law or in any contract or other document, the conditions of service of teachers of private colleges, whether appointed before or after the commencement of this Act, including conditions relating to pay, pension, provident fund, gratuity, insurance and age of retirement, shall be such as may be prescribed by the Statutes.

(2)

S.61 Past disputes relating to service conditions of teachers

Notwithstanding anything contained in any law for the time being in force, or in any contract, or in any judgment, decree or order of any court or other authority,-

(a) any dispute between the management of a private college and any teacher of that college relating to the conditions of service of such teacher pending at the commencement of this Act shall be decided unde

S.62 Membership of local authorities etc.

(1) A teacher of a private college shall not be disqualified for continuing as such teacher merely on the ground that he has been elected or nominated as a member of a local authority or of the Legislative Assembly of the State or of Parliament.

(2) A teacher elected or nominated as a member of the Legislative Assembly of the State or of Parliament shall be entitled to t

S.63 Non-teaching staff of private colleges

The provisions of this Chapter shall, so far as may be, apply to the non-teaching staff of the private colleges. Subject to this, their method of appointment, pay and other conditions of service shall be such as may be prescribed by the Statutes.

S.64 Transfer of teachers to other Universities

(1) Where an educational agency has colleges under the jurisdiction of the Kerala University and also under the jurisdiction of the Calicut University, the educational agency shall within three months of the commencement of this Act or within such further period, not exceeding three months, as may be granted by the Government for sufficient reason, prepare a seniority list of the teachers of all such colleges.

(1) The Government shall constitute an Appellate Tribunal for the purposes of this Act.

(2) The Appellate Tribunal shall be a judicial officer not below the rank of District Judge nominated by the Chancellor in consultation with the High Court.

(3) The term of

S.66 Bar of jurisdiction of civil courts

No civil court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or under this Act required to be settled, decided or dealt with or to be determined by any authority or person under this Act.

S.67 Private colleges to comply with provisions of Chapter within six months

All private colleges existing in the University area immediately before the commencement of this Act and affiliated to the University shall, within a period of six months from such commencement, comply with the provisions of this Chapter.

S.68 Colleges not complying with provisions of this Act

(1) If the Syndicate is satisfied that any private college has not complied with any provision contained in this Act, or in the Statutes, Ordinances, Regulations, bye-laws, orders or rules, it may recommend to the Government for withholding or discontinuing aid or grant or it may disaffiliate the college from the University:

Provided that before disaffiliating a college

S.69 Special provisions in respect of un-aided colleges

Notwithstanding anything contained in this Act, or the Statutes, Ordinances, Regulations, rules, bye-laws or orders.-

(a) the scales of pay and other conditions of service of the teaching and non-teaching staff of un-aided colleges; and

(b) the admission and

S.70 Power of Government to cause inspection of University

(1) 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 buildings, laboratories, libraries, museums, workshops, and equipments and of any institutions maintained, recognized or approved by, or affiliated to, the University and also of the work conducted by the University, and to cause enquiry to be made in respect of any matter connected with the University.

(1) The Government may at any time and shall, at the expiration of ten years from the commencement of this Act and thereafter at the expiration of every ten years, by order published in the Gazette, constitute a Commission which shall consist of a chairman and such other members not exceeding five as the Government may appoint, and such order shall define the procedure to be followed by the Commission.

(1) The Government may, by notification in the Gazette , make rules not inconsistent with the provisions of this Act, for the purpose of exercising the powers and discharging the duties conferred or imposed on the Government by this Act.

(2) Every rule made under this section shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is i

S.73 Conditions of service

(1) Save as otherwise provided by or under this Act, every salaried officer and teacher of the University shall be appointed by a written order.

(2) The written order referred to in sub-section (1) shall be lodged with the Registrar and a copy thereof shall be furnished to the officer or teacher concerned.

With the previous approval of the Government, the University shall make appropriate provisions for the benefit of its officers, teachers and other servants under its control in matters of insurance, pension and provident fund and for such other benefits as it may deem fit, in such manner as may be prescribed by the Ordinances.

S.75 Proceedings of the University and bodies not to be invalidated by vacancies

No act or proceeding of the Senate, the Syndicate, the Academic Council or other body constituted under this Act or the Statutes or the Ordinances shall be deemed to be invalid merely by reason of any vacancy in the body doing or passing it, at the time any such act or proceeding is done or passed.

S.76 Proceedings of the Senate, Syndicate and Academic Council

The Registrar shall forward to the Government within one month of the date of any meeting of the Senate or the Syndicate or the Academic Council copies of the proceedings of such meeting.

S.77 Dispute as to the constitution of University authority or body

If any question arises regarding the interpretation of any provision of this Act, or of any Statute, Ordinance, Regulation, rule, bye-law or order or as to whether a person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the University, the matter may be referred to the Chancellor and shall be so referred to him if not less than twenty-five members of the Senate so require, and the Chancellor shall, after taking such advice as

S.78 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 conditions of affiliated colleges.

S.79 Protection of acts and orders

All acts and orders duly and in good faith done or passed by the University or any of its authorities, bodies or officers, shall be final; and no suit shall be instituted against, or damage claimed from, the University or its authorities, bodies or officers for anything purporting to be done in pursuance of this Act and the Statutes, Ordinances, Regulations, rules, bye-laws or orders made there under.

S.80 Institutions affiliated to University

(1) All Colleges existing in the University area immediately before the commencement of this Act shall stand affiliated to the University.

(2) The Government may, at any time, transfer to the University any institution subject to such terms and conditions as may be agreed upon between the Government and the University as regards its future maintenance and control.

S.80(a) Duty of teachers, etc., in connection with University Examinations

(1) It shall be the duty of a teacher or a member of the non-teaching staff of an affiliated college or an officer, teacher or other employee of the University to do any work in connection with an examination conducted by the University which is required by the competent officer or authority of the University to do.

(2) If any teacher or member of the non-teaching staff

S.81 .

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S.82 Transitory provisions

(1) Any officer or authority of the University of Kerala exercising any power or performing any duty under the Kerala University Act, 1969, immediately before the commencement of this Act, shall for a period of nine months from such commencement or until the corresponding officer or authority is appointed, elected, nominated or constituted, as the case may be, in accordance with the provisions of this Act or the Statutes or Ordinances made there under, whichever is later, continue

S.83 First Statutes and Ordinances

Notwithstanding anything contained in this Act, the first Statutes and the first Ordinances of the University shall be made by the Government.

S.84 Repeal

The Kerala University Act, 1969 (9 of 1969), is hereby repealed.