KERALA UNIVERSITY ACT, 1974
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;
BE it enacted in the Twenty-fifth Year of the Republic of India as follows:-
(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 reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
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 in which instruction is provided in accordance with the provisions of the Statutes, Ordinances and Regulations;
(3) " annual meeting" means one of the ordinary meetings of the Senate held every year under sub-section (1) of section 20 and declared by the Statutes to be the annual meeting of the Senate;
(4) "Appellate Tribunal" means the Appellate Tribunal constituted under sub-section (1) of section 65;
(5) "Board of Studies" means a Board of Studies of the University;
(6) "Chancellor" means the Chancellor of the University;
(7) "college" means an institu
(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.
(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 within the territorial limits of the University shall, save with the sanction of the Chancellor and the Government, seek or continue affiliation to any other University established by law.
The University shall have the following powers, namely:-
(i) to provide for instruction and training in such branches of learning as the University may deem fit, and to make provision for research and for the advancement and dissemination of knowledge;
(ia) to confer academic autonomy to an affiliated college/department of an affiliated college or university department.]
(ii) to institute degrees, titles, diplomas and other academic distinctions;
(iii) to hold examinations and to confer degrees and other academic distinctions on persons who-
(a) shall have pursued a prescribed course of study in a college under the University, unless exempted therefrom in the manner prescribed, and shall have passed the prescribed examination; or
(b) shall have carried on research under prescribed conditions and which has been duly evaluated;
(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:
Provided that the University may, in consultation with the Government affiliate any college or recognize any institution, exclusively for women either for education, instruction or residence, or reserve for women or members of socially and educationally backward classes or of Scheduled Caste or Scheduled Tribes, places for the purpose of admission as students in any college or institution maintained or controlled by the University.
(2) In making appointments by direct recruitment to posts in any class or category in each department under the U
(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 Chancellor may, by order in writing, annul any proceeding of any of the authorities of the University which is not in conformity with this Act, the Statutes, the Ordinances, the Regulations, the rules or the bye-laws.
Provided that, before making any such order, the Chancellor shall call upon such authority to show cause why such an order should not be made and consider the cause., if any, shown by such authority within a reasonable time.
(4) The Chancellor shall, when an emergency arises, have the right to suspend or dismiss any of the authorities of the University and to take measures for the interim administration of
(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.
The following shall be the officers of the University, namely:-
(i) the Vice-Chancellor;
(ii) the Pro-Vice-Chancellor;
(iii) the Registrar;
(iv) the Controller of Examinations;
(v) the Finance Officer; and
(vi) such other officers in the service of the University, as may be declared by the Statutes to be officers of the University.
(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.
(2) In case the Committee appointed under sub-section (1) is unable to recommend a name unanimously, the Vice-Chancellor shall be appointed by the Chancellor from among the panel of three names submitted to him by the Committee within the period specified in the preceding sub-section.
(3) In case the Committee fails to make a unanimous recommendation as provided in sub-section (1) or to submit a panel as provided in sub-section (2), each member of the Committe
(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 University.
(4) The Pro-Vice-Chancellor shall hold office for a term of four years and shall be eligible for re-appointment.
(5) The salary and other conditions of service of the Pro-Vice-Chancellor shall be determined by the Chancellor.
(6) Subject to the provisions of this Act and the Statutes, Ordinances and Regulations, the powers and functions of the Pro-Vice-Chancellor shall be determined by the Chancellor in consultation with the Vice-Chancellor.
(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.
(3) Suits by or against the University shall be instituted by or against the Registrar.
(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.
(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.
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.
The following shall be authorities of the University, namely:-
(i) the Senate;
(ii) the Syndicate;
(iii) the Academic Council;
(iv) the Faculties;
(v) the Boards of Studies;
(vi) the Students' Council;
(vii) the Finance Committee; and
(viii) such other Boards or Bodies of the University as may be declared by the Statutes to be authorities of the University.
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 Director of Collegiate Education.
(8) The Secretary to Government or the Additional Secretary to Government, General Education Department, to be nominated by the Government.
(9) The Secretary to Government or the Additional Secretary to Government, Higher Education Department, to be nominated by the Government.]
(9a) The Secretary to Government, Information Technology Department or an offi
(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 Senate, other than ex-officio and life-members, shall subject to the provisions of this Act and the Statutes, hold office until the next reconstitution of the Senate.
Provided that no member nominated or elected in his capacity as a member of a particular Body or as the holder of a particular office shall hold office for a longer period than three months after he has ceased to be such member or holder of such office, unless in the meanwhile he again becomes a member of that electorate:
Provided further that where an elected or nominated member of the Senate is appointed temporarily to any office, by virtue of which he is e
(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:
Provided that if any 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 following powers, namely:-
(a) to determine what degrees, diplomas and other academic distinctions shall be granted by the University;
(b) to mak
(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:
Provided that such quorum shall not be required for a Convocation of the University or a meeting of the Senate held for the purpose of conferring degrees, titles, diplomas or other distinctions.
(3) The Vice-Chancellor may, whenever he thinks fit and shall, within thirty days of the receipt of a requisition in writing signed by not less than one-fourth of the total number of members of the Senate, convene a special meeting of the Senate.
(4) When a special meeting is convened on requisition, no subject other than that shown in the requisition shall be considered at the meeting.
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.
(b) The Pro-Vice-Chancellor
(c) The Secretary to Government, Higher Education or an officer not below the rank of a Joint Secretary nominated by him.
(d) The Director of Public Instruction.
(e) The Director of Collegiate Education.]
(f) The Secretary to Government, Information Technology Department or an officer of the Information Technology Department not below the rank of a Joint Secretary, nominated by him.]
Other Members
(a) [Thirteen members] elected by the Senate from among themselves, of whom
(i) seven shall be persons who are not teachers, of whom one shall be a person bel
(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 he has ceased to be such member or holder of such office unless in the meanwhile he again becomes a member of that electorate or the holder of that office:
Provided further that the member referred to in item (b) under the heading "Other Members" in section 21 shall hold office for a period of one year from the date of his election or till he ceases to be a member of the Senate, whichever is earlier:
Provided also that the term of the Syndicate shall be co-terminus with the term of the Senate.]
Provided also
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 such affiliation prescribed in this Act and the Statutes;
(ii) to make Ordinances and to amend or repeal the same;
(iii) to propose Statutes for the consideration of the Senate;
(iv) to hold, control and administer the properties and funds of the University;
(v) to direct the form, custody and use of the common seal of the University;
(vi) to arrange for and direct the inspection of colleges, hostels and other institutions and to constitute a Board of Inspectio
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]
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 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;
(c) the Director of Public Instruction;
(d) the Director of Technical Education;
(e) the Director of Collegiate Education;
(f) the Director of Research and Studies;
(g) the Director of Physical Education;
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 institutions maintained by, or affiliated to, the University;
(iv) to prescribe the qualifications of teachers-
(a) in colleges; and
(b) in the institutions maintained by the University;
(v) to prescribe the qualifications for the admission of students to the various courses of studies and to the examinations and the conditions under which exemptions may be granted;
(vi) to make provision for the admission of students to the various courses of studies on the basis of m
(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.
(3) Each faculty shall consist of:
(a) the Chairman of the Boards of Studies comprised in the faculty;
(b) two members elected from each Board of Studies; and
(c) not less than five and more than ten members nominated by the Syndicate;
(4) Each faculty shall comprise such departments of teaching as may be prescribed by the Ordinances.
(5) Subject to the provisions of this Act, each faculty shall exercise such powers and perform such duties as may be prescribed by the Statutes.
(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.
(3) The Dean of a faculty shall hold office for a term of two years and shall be eligible for [re-nomination.]
(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 prescribed by the Statutes.
(3) Members of Boards of Studies shall hold office for a period of three years from the date of their entering into office.
(1) There shall be a Students' Council in the University.
(2) The Students' Council shall consist of the following members, namely:-
Ex-officio Members
(a) The Vice-Chancellor who shall be the Chairman of the Council.
(b) The Chairman of the University Union.
(c) The General Secretary of the University Union.
(d) The Director, National Cadet Corps.
(e) The Officer-in-charge of the National Service Scheme in the University.
(f) The Director of Physical Education.
(g) The Director of Youth Affairs who shall be the Vice-Chairman of the Council.
Elected Members
(a) Ten members, not being members of the Senate or the Academic Council, elected by the members of the General Council of the University Union from among themselve
(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 in so far as it concerns the students, and the co-curricular and extra-curricular activities in the University;
(b) to make suggestions to the Syndicate and the Academic Council in respect of all rules relating to discipline or welfare of the students, sports, working of literary and other societies, management of hostels, student homes and non-resident student centres, extension work, social work, students' health, National Service Scheme and National Cadet Corps and such other matters as may be specified in the Statutes;
(c) to com
(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;
(b) the Pro-Vice-Chancellor, if any;
(c) one member elected by the members of the Senate from among themselves;
(d) one member elected by the members of the Syndicate from among themselves;
(e) one member elected by the members of the Academic Council from among themselves;
(f) the Finance Secretary to Government or an officer not below the rank of Joint Secretary nominated by him;
(g) the Secretary to government, Higher Education or an officer not below the rank of Joint Secretary nominated by him.
(3) The Finance Officer shall b
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.
(1) No person shall be qualified for election or nomination or appointment as a member of any of the authorities of the University or for continuing as such member, if he-
(a) is below twenty-five years of age; or
(b) is of unsound mind or a deaf-mute; or
(c) is an undischarged insolvent; or
(d) has been convicted by a court of law of an offence involving moral delinquency; or
(e) has been debarred by any University from appearing in examinations, for malpractices in connection with any examination:
Provided that clause (a) shall not apply to a person elected or nominated in the capacity of a student to any of the said authorities:
Provided further that the disqualification of a person under clause (e) shall cease on the expiry of the period for which he has been debarred.
(2) If any
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 of the authorities of the University, not specifically provided for in this Act;
(c) the procedure for election of members of the Senate, the Syndicate, the Academic Council and other authorities of the University and all such other matters relating to these bodies, as may be necessary or desirable to provide;
(d) award of degrees, diplomas, titles, certificates and other academic distinctions by the University;
(e) the withdrawal or cancellation of degrees, diplomas, titles, certificates and other academic distinctions;
(f) the maintenance of a register of registered graduates;
(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 Syndicate may propose to the Senate the draft of any Statute for consideration and such draft shall be considered by the Senate at its next meeting.
(3) The Senate may approve the draft of a Statute proposed by the Syndicate and pass the Statute or may reject it or return it to the Syndicate for reconsideration, either in whole or in Part together with amendments which the senate may suggest.
(4) After any draft returned by the Senate under sub-section (3) has been further considered by the Syndicate, together with any amendment suggested by the Senate, it shall be again presented to the Senate with the report of the Syndicate thereon, and the Senate may then
Subject to the provisions of this Act and the Statutes the Syndicate shall have power to make Ordinances providing for all or any of the following matters, namely:-
(a) the levy of fees in colleges and other institutions, by the University; .
(b) the residence and discipline of students;
(c) the work load and pattern of teaching staff in colleges;
(d) the fixation of the scales of pay of various posts in 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.
(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 the case may be, the Ordinance repealed shall revive, after the next succeeding meeting 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 prescribed by the Statutes.
(4) No Ordinance involving expenditure shall be valid or come into force until assented to by the Chancellor.
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 students to the various courses of study and to the examinations;
(c) the qualifications of teachers;
(d) the appointment and prescription of duties of the Boards of Studies and examiners;
(e) recognition of examinations, degrees and diplomas of other Universities as equivalent to the examinations, degrees and diplomas of the University; and
(f) all other matters which under the provisions of this Acts, the Statutes and the Ordinances are to be, or may be, prescribed by 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.
(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.
(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.
All Statutes, Ordinances and Regulations made under this Act shall be published in the Gazette.
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.
(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 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.
(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 malpractice connected with any University examination 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 on or granted by the University.
(3) The Senate may also remove any person from the membership of any authority or body of the University if he becomes of unsound mind or a deaf-mute or has applied to be adjudicated or has been adjudicated an insolvent.
(4) If an elected member of any authority o
(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 with the affairs of the University shall form one consolidated fund styled "The Kerala University Fund" and shall be employed for the purposes and in the manner laid down in this Act and the Statutes, Ordinances, rules, bye-laws and orders made there under:
Provided that separate accounts may be maintained for specific purposes.
(2) All moneys in the Kerala University Fund shall be lodged in the Government Treasury or with the approval of the Go
(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.
(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 alterations or with such alterations as it may think fit.
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.
(3) The annual accounts shall be considered by the Senate at its annual meeting, and the Senate may pass resolutions with reference thereto and communicate the same to the Syndicate which shall take action in accordance therewith.
(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.
(3) The Syndicate shall inform the Senate of the action taken by it on the resolutions passed by the Senate under sub-section (2) and shall submit a copy of the annual report together with a copy of the resolutions, if any, of the Senate under sub-section (2) to the Government.
(4) The Government shall, as soon as the annual accounts and annual report are received, cause the same to be laid on the table of the State Legislative Assembly.
(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.
(3) The University shall bear the cost of the audit as fixed by the Government.
(4) After completing the audit for a year or for any shorter period or for any transaction or series of transactions, the auditors shall send a report to the University and a duplicate copy thereof to the Government.
(5) The auditors shall specify in the report under sub-section (4) all cases of irregular, illegal or improper expenditure or of failure to recover moneys or other property due to the University or of any loss or waste of money or other property thereof
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;
(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;
(c) a person nominated by the University in accordance with the provisions in that behalf contained in the Statutes;
(d) a person nominated by the Government;
(e) a person elected in accordance with such procedure as may be prescribed by the Statutes, by the permanent teachers of the private college from among themselves;
(f) the chairman of the College Union;
(g) a person elected in accordance with such procedure as may be prescribed by the Statutes, by the permanent members of the non-teaching staff of the private college from among themselves; and
(h)
(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 of the private colleges;
(c) a person nominated by the University in accordance with the provisions in that behalf contained in the Statutes;
(d) a person nominated by the Government;
(e) two persons elected in accordance with such procedure as may be prescribed by the Statutes, by the permanent teachers of all the private colleges; from among themselves;
(f) a person elected by the Chairman of the College Unions of all the private colleges, from among themselves;
(g) one person elected in accordance with such procedure as may be prescribed by the Statute
(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.
(3) It shall be the duty of the manager to give effect to the decisions of the unitary management or the corporate management, as the case may be.
(4) The manager shall exercise such powers and discharge such duties as may be delegated to him by the unitary management or the corporate management, as the case may be.
(5) Suits by or against a private college shall be instituted by or against the manager thereof.
(6) If the Manager of a private college is guilty of mismanagement, malpractice, corruption or
No act or proceeding of a governing body or managing council shall be invalidated merely by reason of-
(a) any vacancy in, or any defect in the constitution of, the governing body or managing council; or
(b) any defect in the appointment of a person acting as a member of the governing body or managing council; or
(c) any irregularity in the procedure of the governing body or managing council not affecting the merits of the case.
(1) An application for affiliation to the University of any college [or for affiliation in new courses in any affiliated college] shall be sent by the educational agency to the Registrar within such time and in such manner as may be prescribed by the Statutes.
(2) The terms and conditions of affiliation of a college or of affiliation in new courses in an affiliated college and the procedure to be followed by the Syndicate in granting such affiliation, including the period within which the Syndicate shall consider an application under sub-section (1), shall be prescribed by the Statutes:
Provided that the Chancellor may, by notification in the Gazette, for reasons to be specified in the notification, extend the period within which the Syndicate shall consider any application under sub-section (1), whether such period has already expired or not, by such further period, not exceeding one year, as may be specified in such no
(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.
(2) Appointment of principals shall be made by the educational agency by promotion from among the teachers of the college or of all the colleges, as the case may be, or by direct recruitment.
(3) Where the appointment of principal is made by promotion, the educational agency shall make the appointment on the basis of seniority-cum-fitness.
(4) Appointments to the posts, other than those referred to in [sub-section (1A)] and (2), shall be made by the educational agency by promotion from among the teachers of t
(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 the prescribed qualifications or allowing any teacher who did not possess the prescribed qualifications to continue in service, made by any authority or officer before the commencement of this Act shall be deemed to have been made by the authority competent to make such decision or order under this Act as if this Act had been in force at the time when such decision or order was made and accordingly all such decisions and orders shall be, and shall be deemed always to have been, valid and in accordance with law.
(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.
Explanation.- Probation undergone by a teacher before the commencement of this Act shall be deemed to be probation for the purposes of this sub-section, provided such probation is within a period of two years immediately before such commencement.
(2) Notwithstanding anything contained in any contract or other document, any teacher working in a substantive vacancy at or after the commencement of this Act shall be deemed to be on probation for the purposes of sub-section (1).
(3) The educational agency may, at any time before the prescribed period of probation, terminate the probation of the probationer for want
(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) No teacher of a private college shall be kept under suspension by the educational agency except when disciplinary proceedings are initiated against him.
(3) When a teacher of a private college is suspended for a period exceeding fifteen days, the matter, together with the reasons for the suspension, shall be reported to the Vice-Chancellor.
(4) Any disciplinary proceedings initiated under sub-section (2) shall be completed within a period of three months or within such further period as may be allowed by the Vice-Chancellor after hea
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 under and in accordance with the provisions of this Act and the Statutes made thereunder;
(b) any dispute between the management of a private college and any teacher of that college relating to the conditions of service of such teacher, which has arisen after the Ist day of August, 1967, and has been disposed of before the commencement of this Act shall, if the management or the teacher applies to the Appellate Tribunal in that behalf within a period of thirty days from such commencement, be reopened and decided under and in accordance with the provisions of th
(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 treat the period of his membership of the Legislative Assembly or of Parliament as on leave without salary and allowances.
(3) A teacher referred to in sub-section (2) shall also be entitled to count the period of his membership of the Legislative Assembly or of Parliament for the purposes of pension, seniority and increments.
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.
(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.
(2) After the preparation of the list under sub-section (1), the educational agency shall give a right of option to the teachers as to the University under the jurisdiction of which he opts to remain and the teachers shall be allotted to each University area in accordance with such option:
Provided that where the number of teachers of who have opted to work under the jurisdiction of the Kerala University or the Calicut University is more than the number required, allotment shall be made on the basis of seniority.
(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 office of the Appellate Tribunal 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 the Act with the previous sanction of the Government for regulating its procedure and disposal of its business. The regulations so made shall be published in the Gazette.
(5) The remuneration and other conditions of service of the Appellate Tribunal shall be such as may be prescribed by rules.
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.
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.
(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, the educational agency and the governing body or managing council, as the case may be, shall be given an opportunity of being heard.
(2) If, on a recommendation under sub-section (1), the Government are satisfied that any private college has not complied with any of the provisions of this Act, or of the Statutes, Ordinances, Regulations, bye-laws, orders or rules, they may, by order, direct that the college shall not be given any aid or grant from the Government:
Provided that before making any such order, the educational agency a
Notwithstanding anything contained in this Act, or the Statutes, Ordinances, Regulations, rules, bye-laws or orders.-
(a) the scales of pay and other conditions of service of the teaching and non-teaching staff of un-aided colleges; and
(b) the admission and selection of and the fees payable by students in such colleges, shall be determined from time to time, by the Government on the basis of the recommendations of a Committee constituted by the Government consisting of -
(i) one of the Vice-Chancellors of the Universities in the State, nominated by the Government;
(ii) the Secretary to Government, Higher Education Department (who shall be the convenor of the Committee); and
(iii) the Director of Collegiate Education.]
(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.
(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 inquiry to be made and the University shall be entitled to be represented thereat.
(3) The Government shall communicate to the Syndicate the result of any inspection or inquiry made under sub-section (1) and may, after ascertaining the opinion of the Syndicate thereon, convey their views to the Senate and to the Syndicate.
(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.
(2) The Commission constituted under sub-section (1) shall inquire into and report on-
(i) the working of the University during the period to which the inquiry relates;
(ii) the financial position of the University including the financial position of its colleges and departments;
(iii) any change to be made in the provisions of this Act or the Statutes, Ordinances, rules and bye-laws made there under with a view to bringing about improvements in the affairs of the University;
(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 in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly agrees in making any modification in the rule or the Legislative Assembly agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done u
(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.
(3) Any dispute between any officer or teacher of the University and the University shall, on the request of the University or the officer or teacher concerned, be referred to the Appellate Tribunal for decision, and thereupon, the provisions of section 65 and the regulations made by the Tribunal under the said section shall mutatis mutandis apply to the decision of such disputes.
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.
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.
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.
If any question arises regarding the interpretation of any provision of this Act, or of any Statute, Ordinance, Regulation, rule, bye-law or order or as to whether a person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the University, the matter may be referred to the Chancellor and shall be so referred to him if not less than twenty-five members of the Senate so require, and the Chancellor shall, after taking such advice as he deems necessary, decide the question and such decision shall be final.
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.
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.
(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.
(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 of an affiliated college or any officer, teacher or other employee of the University refuses, without sufficient cause to the satisfaction of,-
(a) in the case of a teacher or a member of the non-teaching staff of an affiliated college, an officer not below the rank of Deputy Director of Collegiate Education authorised by the Government in this behalf; and
(b) in the case of an officer, teacher or other employee of the University, the Vice-Chancellor, to do any work in connection with an examination conducted by the University, when
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(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 to exercise such powers or perform such duties , as the case may be, so far as such powers or duties are not inconsistent with the provisions of this Act:
Provided that the Vice-Chancellor appointed under the Kerala University Act, 1969 and holding office immediately before the commencement of this Act shall be entitled to hold office for the full term of his appointment as if this Act had not been passed.
(2) Notwithstanding anything contained
Notwithstanding anything contained in this Act, the first Statutes and the first Ordinances of the University shall be made by the Government.
The Kerala University Act, 1969 (9 of 1969), is hereby repealed.
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