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KANNUR UNIVERSITY ACT, 1996

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Intro. (Act No. 22 of 1996)

An Act to establish and incorporate University of Kannur by the name Kannur University.

Preamble. - Whereas it is considered necessary to establish a teaching, residential and affiliating University in the State of Kerala to provide for the development of higher education in the Kasaragod and Kannur revenue districts and the Mananthavady taluk of the Wayanad district in the State which are lagging in the field of higher education;

Be it enacted in the Forty-seventh Year of the Republic of India as follows:-


S.1 Short title and commencement.

(1) This Act may be called the Kannur University Act, 1996.

(2) It shall be deemed to have come into force on the 9th day of November 1995.


S.2 Definitions.

In this Act, unless the context otherwise requires,-

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

(ii) "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;

(iii) "annual meeting" means one of the ordinary meetings of the Senate held every year under sub-section (1) of section 22 and declared by the Statutes to be the annual meeting of the Senate;

(iv) "Appellate Tribunal" means the Appellate Tribunal constituted under sub-section (1) of section 72;

(v) "Board of Studies" means a Board of Studies of the University;

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

(vii) "college" means an institut

S.3 The University.

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

(2) The headquarters of the University shall be at Kannur.

(3) The University shall have perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to enter into contracts and shall sue and be sued by the said name.

(4) The University shall establish, maintain, manage and develop campuses at Kannur, Kasaragod, Mananthavady, Payyannur, Thalassery, Kanhangad and such other places as are necessary for providing study and research facilities to promote advanced knowledge in Science and Technology and other relevant disciplines and the campus in the University headquarters at Kannur shall be the

S.4 Territorial limits.

(1) The jurisdiction of the University shall extend to the Kasaragod and Kannur revenue districts and the existing Mananthavady taluk of the Wayanad district of the State.

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


S.5 Powers of the University.

Subject to the provisions of this Act, the University shall have the following powers, namely:-

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

((ia) to confer academic autonomy to an affiliated college, department of an affiliated college or university department.)

(ii) to introduce semester and credit system of courses of study and examinations;

(iii) to institute degrees, titles, diplomas and other academic distinctions;

(iv) to hold examinations and to confer degrees and other academic distinctions on persons who-

(a) shall have pursued a prescribed course of study in a college under the University, unless exempted therefrom in the manner prescribed, and shall have passed the prescribed ex

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, re4sidence, 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 recognise any institution, exclusively for women either for education, instruction or residence, or reserve for women or members of socially and educationally backward classes or of the Scheduled Castes or the Scheduled Tribes, places, for the purpose of admission as students in any college or institution maintained or controlled by the University and for employment in the teaching and non-teaching posts in the University.

(2) In making appointments to the teaching and non

S.7 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 any convocation of the University.

(3) The chancellor may, by order in writing, annual any proceeding of any of the authorities of the University which is not in conformity with this Act and the Statutes, the Ordinances, the Regulations, the Rules or the bye-laws:

Provided that, before making any such order, the Chancellor shall call upon such authority to show cause why such an order should not be made and consider the cause, if any, shown by such authority within a reasonable time.

(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 exercise of the powers and the performance of the function

S.8 The Pro-Chancellor.

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

(2) 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;

(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.


S.10 The vice-Chancellor.

(1) The vice-chancellor shall be appointed by the Chancellor on the recommendation of a committee appointed by him for the purpose (hereinafter referred to as the committee).

(2) The committee shall consist of three members, one elected by the Senate, one nominated by the Chairman of the University Grants Commission and the third nominated by the chancellor.

(3) The Chancellor shall appoint one of the members of the committee to be its convener.

(4) The committee shall make its recommendation within a period of three months of its appointment or within such further period, not exceeding one month, as the Chancellor may specify in this behalf.

(5) In case the committee unanimously recommends the name of only one person, the Chancellor shall appoint that person to be the Vice-Chancellor.

(6) In the case the committee is unable to recommend a name unanimously, i

S.11 Powers and duties of the Vice-Chancellor.

(1) If at any time, except when the Syndicate or the Academic Council is in session, the Vice-Chancellor is satisfied that emergency has arisen requiring him to take immediate action involving the exercise of any power vested in the Syndicate or the Academic Council by or under this Act, the Vice-Chancellor may take such action as he deems fit and shall, at the next session of the Syndicate or the Academic Council, as the case may be, report the action taken by him to that authority for such action as it may consider necessary.

(2) The Vice-Chancellor shall exercise the powers and perform the duties and functions of all the authorities of the University also until they are nominated or duly constituted, as the case may be.

(3) Subject to the provisions of the Statutes and the Ordinance, the Vice-Chancellor shall have power to appoint, suspend, dismiss or otherwise punish any employee of the University below the rank of Depu

S.12 Vacancy in the office of Vice-chancellor.

(1) In the event of a temporary vacancy occurring in the office of the Vice-Chancellor, or where the Vice-Chancellor is absent, the Pro-Vice-chancellor shall exercise the powers and perform the duties of the Vice- Chancellor.

(2) In the event of a permanent vacancy occurring in the office of the Vice-chancellor, the Chancellor shall initiate action for the appointment of the Vice-chancellor, within one month of the occurrence of the vacancy and, pending such appointment, make necessary arrangements for exercising the powers and performing the duties of the Vice-Chancellor.


S.13 The Pro-Vice-Chancellor.

(1) The Pro-Vice-chancellor shall be appointed by the Chancellor in consultation with the Vice-chancellor.

(2) No person who is more than [sixty] years of age shall be appointed as Pro-Vice-chancellor.

(3) The Pro-Vice-chancellor shall be a whole-time salaried office of the University

(4) The Pro-Vice-chancellor shall hold office for a term of four years from the date on which he enters upon his office and shall be eligible for reappointment.

(5) The salary and other conditions of service of the Pro-Vice-chancellor shall be such as may 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.


S.14 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 and conditions 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.


S.15 The Controller of Examinations.

(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 and conditions as may be prescribed by this Statutes.

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


S.16 Finance Officer.

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

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


S.17 Appointments to be notified.

The appointments of the Vice-Chancellor, the Pro-Vice-chancellor, the Registrar, the Controller Examinations and the Finance Officer shall be notified by the University in the Gazette.


S.18 Authorities of the University.

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

(i) the Senate;

o the Syndicate;

o the Academic Council;

o the Faculties;

o the Board of Studies;

o the Student's Council;

o the Finance Committee;

o the Planning Board; and

o such other board or other bodies of the University as may be declared by the Statutes to be authorities of the University.


S.19 Senate.

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

Ex-Officio members

o the Chancellor

[(ii) **************]

o the Vice-Chancellor;

o the Pro-Vice-Chancellor;

o the Finance Secretary to Government or an officer of the Finance Department, not below the rank of Joint Secretary to Government nominated by the Government;

o the Director of Public Instruction;

o the Director of Collegiate Education;

o the Secretary to Government, General Education Department, or an officer of the General Education Department, not below the rank of Joint Secretary to Government, nominated by the Government;

o the Secretary to Government, Higher Education Department, or an officer of the Higher Education Department, not below the rank of Joint Secretary to Go

S.20 Reconstitution of Senate.

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

(2) The term of office of a member referred to in items (xii) and (xiii) under the heading " ex-officio members " in section 19 shall be two years from the date of his nomination.

(3) Every member of the Senate, other than ex-officio members, shall, subjects to the provisions of this Act and the Statutes, hold office until the next reconstitution of the Senate:

Provided that no members nominated or elected in his capacity as a member of a particular body or as the holder of a particular office shall hold office for a longer period than three months after he has ceased to be such member or holder of such office, unless in the meanwhile he again becomes a member of that body or the holder of that office:

Provided further that where any member, other than an ex-officio member of the Senate, is appointed temporarily to any office

S.21 Powers and functions of the Senate.

Save as otherwise expressly provided in this Act, the Senate shall have the following powers, namely:-

(a) to review, from time to time, the board policies and programmes of the University;

(b) to suggest measures for the improvement and development of the University;

(c) to consider and pass resolution on the annual report and the annual accounts of the University and the audit report on such accounts; and

(d) to advise the chancellor in respect of any matter which may be referred to it for advice.]


S.22 Meetings of Senate.

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

(2) Fifteen members of the Senate shall be the quorum for a meeting of the Senate:

Provided that such quorum shall not be required for a Convocation of the University or a meeting of the Senate held for the purpose of conferring degrees, titles, diplomas or other distinctions.

(3) The Vice-chancellor may, whenever he thinks fit and shall, within thirty days of the receipt of a requisition in writing signed by not less than one fourth of the total number of members of the Senate, convene a special meeting of the Senate.

(4) When a special meeting is convened on requisition, no subject other than that shown in the requisition shall be considered at the meeting.


S.23 The Syndicate.

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

Ex-officio members

(a) The Vice-Chancellor;

(b) The Pro-Vice-Chancellor

(c) The Secretary to Government, Higher Education Department or an officer not below the rank of a Joint Secretary, in Higher Education Department, nominated by him;

(d) The Secretary to Government, Finance Department or an officer not below the rank of a Joint Secretary, nominated by him;

(e) The Secretary to Government., Information Technology Department or an Officer not below the rank of a Joint Secretary, nominated by him;

(f) The Director of Collegiate Education.

Other members

[***]

(b) Three Deans of Faculties nominated by the Chancellor,by rotation;

S.24 Term of office of members of Syndicate.

(1) Members of the Syndicate, other than ex-officio members, shall hold office for a term of four years from the date of their nomination:

Provided that no person nominated in his capacity as a member 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 become a member of that body or the holder of that office:

Provided further that a member other than an ex-officio member shall notwithstanding the expiration of his term, continue to hold office until his successor is nominated:

Provided also that no person other than an ex-officio member shall be eligible to hold office for more than two terms in succession.

(2) Notwithstanding anything contained in the first proviso to sub-section (1), a member of the Syn

S.25 Powers of Syndicate.

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

(i) to affiliate institutions in accordance with the terms and conditions of such affiliation prescribed in this Act and the Statutes;

(ii) to make [Statues and Ordinances] and to amend or repeal same;

[(iii) ******************************]

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

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

(vi) to arrange for and direct the inspection of campuses, colleges hostels and other institutions and to constitute a Board of Inspection for that pur

S.26 The Academic Council.

(1) The Academic Council shall be the academic body of the University.

(2) The Academic council shall, subject to the provisions of this Act and the Statutes, control and regulate, and be responsible for the maintenance of standards of instruction, education and examinations within the University and shall exercise, such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes.

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

(a) the Vice-chancellor;

(b) the Pro-vice-chancellor;

o the Director of Public Instruction;

o the Director of Technical Education;

o the Director of Collegiate Education;

o the Director of Medical Education;

o the Director of Higher secondary Education;

o th

S.27 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 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 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 merit in order to mai

S.28 Faculties.

(1) The University may have such faculties as may be prescribed by the Statues, 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 the following members, namely:-

(a) the chairmen of the Boards of Studies comprised in the faculty;

(b) two members elected from each Board of Studies;

(c) not less than five and not more than ten members, nominated by the Syndicates from among teachers; and

(d) two members, nominated by the Syndicate, who are from outside the University, on the basis of their expert knowledge.

(4) Each faculty shall comprise of such departments of teaching as may be prescribed by t

S.29 Deans of faculties.

(1) There shall be a Dean of each faculty, who shall be nominated by the Chancellor in consultation with the Vice-Chancellor, by rotation, from among the heads of University departments or professors or from among persons of outstanding expertise.

(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 faculty shall hold office for a term of two years from the date of nomination and shall be eligible for renomination.


S.30 Boards of Studies.

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

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

(2) The constitution, power and functions of the Boards of Studies shall be prescribed by the Statutes.

(3) Members of the Boards of Studies shall hold office for a period of two years from the date of their entering upon office.


S.31 Student's 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

(a) a senior member from among the teachers nominated by 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 of the University;

(g) the Director of Youth Affairs of the University who shall be the Vice-Chairman of the Council;

Elected members

(a) seven members, not being members of the Senate or the Academic Council, elected

S.32 Powers and duties of Students' Council.

(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 students, such as the structure of courses and pattern of instruction, the corporate life of the University in so far as it concerns students and the co-curricular and extra-curricular activities in the University;

(b) to make suggestions to the Syndicate and the Academic Council in respect of all rules relating to discipline and welfare of students, sports, working of literary and other societies, management of hostels, students' homes and non-resident student centers, extension work, social work, student's health, National Service Scheme and National Cadet Corps and such other matters as may be specified in the Statutes;

(c) to communicate its v

S.33 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;

(b) the Pro-Vice-Chancellor;

(c) one member elected by the members of the Senate from among themselves;

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

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

(f) the Finance Secretary to Government or an officer of the Finance Department, not below the rank of Joint Secretary to Government, nominated by the Government; and

(g) the Secretary to Government, Higher Education Department or an officer of the Higher Education Department, not below the rank of

S.34 Planning Board.

(1) There shall be a Planning Board which shall be the Principal planning body of the University to advise the Senate, the Syndicate and the Academic Council on any matter which the Board considers necessary for the fulfillment of the objectives of the University.

(2) The Planning Board shall consist of the following members, namely:-

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

(b) the Pro-Vice-chancellor;

(c) three teachers one representing University teachers one representing government college teachers and one representing private college teachers, nominated by Syndicate;

(d) two experts in planning nominated by the Chancellor;

(e) one member nominated by the University Grants commission;

(f) the Secretary to Government, Higher Education Department;

(g) the member, state Planning Boa

S.35 Other Authorities of University.

The constitution powers and duties of boards and other bodies declared by the Statutes to be the authorities of the University shall be prescribed by the Statutes.

36. 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

(c) is an un-discharge insolvent; or

(d) has been convicted by a court of law for 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 nominate in the capacity of a student to any of the sa

S.37 The Statutes.

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

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

(b) the constitution, powers and duties of the authorities of the University, not specifically provided for in this Act;

(c) the procedure for election of members of Senate, [*****] Academic Council and other authorities of the University and such other matters relating to these bodies, as may be necessary or desirable to provide;

(d) the procedure for selection and methods of appointment, conditions of service, powers and duties of teachers and non-teaching staff of the University;

(e) the award of degrees, diplomas, titles, certificates and other academic distinctions by the University;

(f) the withdrawal or cancellation

S.38 Procedure for making Statutes.

(1) The [Syndicate] of its own motion take into consideration the draft of a Statute:

[Provided that, in any such case, before a Statute is passed the Syndicate shall obtain and consider the opinion of the Academic Council, where necessary, on academic matters.]

(2) The [Academic Council] may propose to [Syndicate] the draft of any Statute for consideration and such draft shall be considered by the Senate at its next meeting.

(3) The [Syndicate] may approve the draft of a Statute proposed by the [Academic Council] and pass the Statute or may reject it or return it to the [Academic Council] for reconsideration, either in whole or in part, together with amendments which the [Syndicate] may suggest.

(4) After any draft returned by the [Syndicate] under sub section (3) has been further considered by the [Academic Council] , together with any amendment suggested by the (Syndicate), it

S.39 Ordinances.

(1) 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 the various posts in the university and the terms and conditions of service of officers and employees of the University; and

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

(2) All Ordinances made under this Act shall have effect from such date as the Syndicate may direct.


S.40 Procedure for making Ordinances.

(1) The procedure to be followed in making, amending or repealing Ordinances shall be prescribed by the statutes.

(2) Every Ordinance or amendment to an Ordinance including repeal of an Ordinance which involves expenditure shall be made only with the prior approval of the Government:

Provided that no prior approval of the Government shall be necessary for incurring any such expenditure, if the expenditure involved is not more than ten thousand rupees in the aggregate in a financial year.

(3) No Ordinance or amendment to an Ordinance including repeal of an Ordinance which involves expenditure shall be valid or come into force unless assented to by the Chancellor.

[(4) *******************]

[(5) *******************]


S.41 Regulations.

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

(a) 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 Act and the Statutes and the Ordinances are to be, or may be, prescribed by Regulations.


S.42 Procedure for making Regulations.

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

Provided that no such Regulation or repeal of a Regulation which involves expenditure shall be made by the Academic Council without the prior approval of the Government.

(2) If any Regulation or repeal of a Regulation is not laid before the Syndicate as required by sub-section (1), the Regulations shall lapse, or , as the case may be, the Regulation repealed shall revive after the next succeeding meeting of the Syndicate.]


S.43 Rules, bye-laws and orders.

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

[Provided that such Rules, Bye-laws or Orders which involve expenditure shall be made only with the prior approval of the Government.]

(2) All such rules bye-laws and orders shall have effect from such date as the Syndicate may direct. [*****************************************]

[(3)*************************************************]


S.44 Publication in the Gazette.

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


S.45 Election of members to the Senate, [****] and other bodies of the University.

The election of members to the Senate 29. [****] and other bodies of the University shall be held in accordance with the systems of proportional representation by means of single transferable vote and in accordance with the procedure prescribed by the Statutes, and the voting at such election shall be by secret ballot.


S.46 Filling up of vacancies.

(1) All vacancies among the members [other than ex officio members] of any authority or body of the Universities by reason of death, resignation or otherwise shall be filled, within a period not exceeding six months, by the person or authority who or which appointed, elected or nominated the member whose place has become vacant.

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


S.47 Resignation or removal of members of authority or body.

(1) Any member of any authority or body of the University may resign his office, by letter addressed to the Registrar, and the resignation shall take effect on the date of receipt of such letter by the Registrar.

(2) The [Vice-Chancellor] may, on the recommendation of not 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 [***]

(3) [The Vice-chancellor may, on the recommendation of the Syndicate] also remove any person from the membership of any authority or body of the University if he becomes of unsound mind or a deaf-mute or has applied to be adjudicated or has been adjudicated an insolvent.

S.48 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 profit derived from the properties and funds vested in the University, all endowments and donations received from any source whatsoever, all other miscellaneous receipts of the University and all deposits, remittances, and service funds, received in connection with the affairs of the University shall form one consolidated fund styled "Kannur University Fund" and shall be employed for the purposes and in the manner laid down in this Act and the Statues, Ordinances, rules, bye-laws or orders made thereunder:

Provided that separate accounts shall be maintained for specific purposes.

(2) All monies in the Kannur University Fund shall be lodged in the Government Treasury or, with the approval of the Governm

S.49 Grants from Government.

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

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


S.50 Corpus Fund.

University may institute a Corpus Fund to meet the shortage of fund and the same may be utilised in the manner as specified by the Statutes.


S.51 Annual estimates of income and expenditure.

(1) The Syndicate shall prepare the financial estimates of the income and expenditure of the University for the ensuing year before such date as may be prescribed by the Statutes and forward the same together with a memorandum containing explanatory notes thereon to the 33 [Chancellor] for consideration.

[(2) the Chancellor shall consider the financial estimates and shall approve it either without alteration or with such alteration as he may deem fit].


S.52 Restriction on diversion of funds.

The University shall not -

(a) without the prior approval of the Government,

(i) divert funds earmarked for a purpose for any other purposes; or

(ii) implement any scheme which involves any matching contribution from the Government; or

(b) implement any scheme which imposes a recurring liability on the Government after the assistance from the sponsoring authority ceases.


S.53 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 and the Chancellor.

(3) The annual accounts shall be considered by the Senate at its annual meting and the Senate may pass resolutions with reference thereto and communicate the same to the Syndicate which shall take action in accordance therewith.


S.54 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 shall pass a resolution on the annul report and communicate the resolution to the Syndicate.

(3) The Syndicate shall inform the Senate of the action taken by it on the resolution passed by the Senate under sub-section (2) and shall submit a copy of the annul report together with a copy of the resolution of the Senate under sub-section (2) to the Government and the Chancellor.

(4) The government shall, as soon as the annual accounts and annual report are received, cause the same to be laid on the Table of the State Legislative Assembly.


S.55 Audit of accounts of the University.

The accounts of the University shall be audited in the manner provided in the Kerala Local Fund Audit Act, 1994 (14 of 1994)


S.56 Definitions.

In this Chapter,-

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

(b) "unitary management" means an educational agency which manages one private college.


S.57 Governing body for private college under unitary management.

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

(a) the manager of the private college;

(b) the principal of the private college;

(c) a person nominated by the University in accordance with the provisions in that behalf contained in the Statutes;

(d) a person nominated by the Government

(e) two persons elected in accordance with such procedure as may be prescribed by the Statutes, by the permanent teachers of the private college from among themselves;

(f) the chairman of the College Union;

(g) a person elected in accordance with such procedure as may be prescribed by the Statutes, by the permanent members of the non-teaching staff of the private college from among themselves; and

(h) not

S.58 Managing council for private colleges under corporate management. -

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

(a) the manager of the private colleges

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

(c) a person nominated by the University in accordance with the provisions in that behalf contained in the Statutes;

(d) a person nominated by the Government;

(e) five persons elected in accordance with such procedure as may be prescribed by the statutes, by the permanent teachers of all the private colleges, from among themselves;

(f) a person elected by the Chairmen of the College Unions of all private colleges, from among themselves;

(g) one person elected in accordance with such procedure as may be prescribed by the Statutes, by the

S.59 Manager.

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

(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 manger 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) The manager shall furnish to the Director of Collegiate Education audited accounts of the grants given by the Government to the private college or all the private colleges, as the case may be, of which he is the man

S.60 Acts or proceedings of governing body or managing council not to be invalidated.

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

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

(b) any defect in the appointment of a person acting as a member of the governing body or managing council; or

(c) any irregularity in the procedure of the governing body or managing council not affecting the merits of the case.


S.61 Affiliation of colleges.

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

(2) The terms and conditions of affiliation of a college or of affiliation in new courses in an affiliated college and the 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, extended the period within which the Syndicate shall consider any application under sub-section (1), whether such period has already expired or not by such further period, not exceeding one year, as may be specified in the notific

S.62 Appointment of teachers in private colleges.

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

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

(2) Appointments of principals of private colleges shall be made by the educational agency by promotion from among the teachers of the college or of all the colleges, as the case may be, or by direct recruitment.

(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 th

S.63 Qualifications of teachers of private colleges.

(1) Teachers of private 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 of a private college from possessing the prescribed qualifications or approving the appointment of any teacher of a private college who did not possess the prescribed qualifications or allowing any teacher of a private college who did not possess the prescribed qualifications to continue in service, made or deemed to have been made before the commencement of this Act shall be deemed to have been made by the authority competent to make such decision or order 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 la

S.64 Probation.

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

Provided that, in exceptional cases, for reasons to be recorded, the period of probation may be extended by a 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 of a private college working in a substantive vacancy at or after the commencement of this Act shall be deemed to be on probation for the purposes of sub-section (1)

(3) The educational agency may, at any time before the prescribed period of probation, termina

S.65 Conditions of service of teachers of private colleges.

(1) Notwithstanding anything contained in any law or in any contract or other documents, 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) Notwithstanding anything contained in this Act or the statutes, Ordinances and Regulations made thereunder,-

(a) a person appointed as teacher in a private college in a temporary vacancy and continuing as such shall be appointed as teacher in any permanent vacancy or any temporary vacancy of longer duration that may arise, after such appointment in the temporary vacancy, in the private college or, as the case may be, any of the private colleges under the management of the educational agency within the University area;

(b) a teacher rel

S.66 Disciplinary powers of educational agency over teachers of private colleges.

(1) The educational agency may at any time place a teacher of a private college under suspension when any disciplinary proceeding is proposed to be taken against him or when such disciplinary proceedings are pending.

(2) A teacher of a private college who is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty-eight hours, shall be deemed to have been suspended with effect from the date of detention by an order of the educational agency and shall remain under suspension until further orders.

(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 against a teacher of a private college by the educational agency shall be completed within a period of three months or within such further period as may b

S.67 Disciplinary powers of Government over teachers of private colleges.

(1) Notwithstanding anything contained in this Act, or in the Statutes, Ordinances and Regulations and subject to such rules as may be made by the Government in this behalf, the Government or such officer of the Government, not below the rank of Director of Collegiate Education, as may be authorised by the Government in this behalf, (hereinafter referred to as the authorised officer), shall have power to take disciplinary proceedings against a teacher of a private college and to impose upon him all or any of the penalties specified by or under this Act:

Provided that, before exercising the powers under this sub-section, the Government or the authorised officer, as the case may be, shall intimate the manager regarding the circumstances requiring disciplinary action against the teacher concerned and give the manager a reasonable opportunity of taking disciplinary action and the Government or the authorised officer, as the case may be, shall take d

S.68 Past disputes relating to service conditions of teachers. -

Notwithstanding anything contained in any law for the time being in force or in any contract or in any judgment, decree or order of any court or other authority, any dispute between the management of a private college and any teacher of that college relating to the conditions of service of such teacher pending at the commencement of this Act shall be decided under and in accordance with the provisions of this Act and the Statutes made thereunder.


S.69 Membership of local authorities etc.

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

Explanation. - For the purposes of this section, "local authority" means a municipality constituted under the Kerala Municipalities Act, 1994 (20 of 1994) or a Panchayat constituted under the Kerala Panchayat Raj act, 1994 (13 of 1994).

(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, sen

S.70 Non-teaching staff of private colleges.

(1) The provisions of this Chapter shall, so far as may be, apply to the non-teaching staff of the private colleges.

(2) Subject to the provisions of sub-section (1), the method of appointment, pay and other conditions of service of the non-teaching staff of private colleges shall be such as may be prescribed by the Statutes.


S.71 Transfer of teachers to other Universities.

(1) Where an educational agency has colleges under the jurisdiction of the Kannur 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 they opt to remain, and the teacher shall be allotted to such University area in accordance with such option:

Provided that where the number of teachers who have opted to work under the jurisdiction of the Kannur University or the Calicut University is more than the number required, allotment shall be made on the basis of seniority.

S.71(a) Inter University transfer of teacher by an educational agency. -

Notwithstanding anything to the contrary contained in any law for the time being in force, where an educational agency has colleges under the jurisdiction of the kannur University and also under the jurisdiction of another University in the State, a teacher appointed by such educational agency to a college within the jurisdiction of the another University,j may be transferred to any college under the jurisdiction of the kannur University, subject to the following conditions, namely: -

(i) transfer shall be made only on the written request of the teacher who has completed three years of service;

(ii) transfer shall be made only once during the entire period of service of a teacher;

(iii) transfer shall be made on the basis of the seniority of teachers;

(iv) teacher transferred under the provisions of this section shall become junior most in the colleges under the educational agency

S.72 Constitution of appellate Tribunal.

(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 power to make regulations, consistent with the provisions of this Act, with the previous sanction of the Government, for regulating its procedure and disposal of its business.

(5) The regulations so made shall be published in the Gazette.

(6) The remuneration and other conditions of service of the Appellate Tribunal shall be such as may be prescribed by rules made by the Government.


S.73 Private Colleges to comply with provisions of Chapter within six months.

All private colleges existing in the University area immediately before the commencement of this Act and stand affiliated to the University under section 89 shall, within a period of six months from such commencement, comply with the provisions of this Chapter.


S.74 Colleges not complying with provisions of this Act etc. -

(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 to that private college or it may disaffiliate that college from the University:

Provided that, before disaffiliating a college, the educational agency and the governing body or managing council, as the case may be, shall be given an opportunity of being heard.

(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 e

S.75 Code of conduct for teachers of affiliated colleges.

(1) Government shall, in consultation with the University and the representatives of the teachers, frame a code of conduct to be observed by the teachers of Government and private colleges.

(2) Any teacher of a Government or a private colleges who contravenes any of the provisions of the code of conduct shall be liable to disciplinary action which may involve the imposition of a major penalty.


S.76 Inspection.

(1) The University may, at such regular intervals as it deems necessary, and shall once in every five years, cause an inspection to be made by such person or machinery, as may be prescribed by the Statutes-

(a) of the University; its buildings, laboratories, libraries, museums, workshop and equipments and of other institutions maintained recognised or approved by, or affiliated to, the University;

(b) of the work conducted by the University; and

(c) in respect of any other matter connected with the University.

(2) A report of the inspection made under sub-section (1) shall be placed before the Syndicate for such action as may be necessary.

(3) The Syndicate shall report to the Government and the Chancellor the action, if any, which is proposed to be taken or has been taken upon the result of any inspection under sub-section (1).


S.77 Appointment of Commission to inquire into the working of 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.

(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 thereunder with a view to bringing about improvement in the affairs of the University; and

S.78 Power of Government to make rules.

(1) Government may, by notification in the Gazette, make rules not in consistent 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 makes any modification in the rule or decides that, the rule should not be made, the rule shall thereafter have effect only in such modified form, or be of no effect, as the case may be; so, however, that any modification or annulment shall be without prejudice to the validity of anything previously done under that rule.


S.79 Transfer of service of certain employees from the University of Calicut to the Kannur University.

(1) Any person in the employment of the University of Calicut may, subject to such conditions and restrictions as may be specified by the Government in this behalf, opt to serve in connection with the affairs of the Kannur University .

(2) As soon as may be after the date of commencement of this Act, the Government may, after consulting the Vice-Chancellors of the University of Calicut and the Kannur University, direct, by general or special order, that such of the employees of the University of Calicut who have opted under sub-section (1) as are specified in such order shall stand allotted to serve in connection with the affairs of the Kannur University with effect from such date as may be specified in such order,.

(3) In making an order under sub-section (2) the persons who have opted under subsection (1) to serve in connection with the affairs of the Kannur University shall be given preference.

(4)

S.80 Transfer of accumulation in provident fund and other like funds.

(1) The sums to the credit of the provident fund accounts of the employees referred to in sub-section (2) of section 79 as on the date specified in the order under that sub-section shall be transferred to the Kannur University, and the liability in respect of the said provident fund accounts shall be the liability of the Kannur University.

(2) There shall be paid to the Kannur University out of the accumulation in the superannuation fund and other like funds, if any, of the University of Calicut such amounts as have been credited to the superannuation fund and other like funds, if any, on behalf of the employees referred to in sub-section (2) of section 79.

(3) The amounts paid under sub-section (2) shall form part of superannuation fund or other like funds if any, that may be established by the Kannur University for the benefit of its employees.


S.81 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.

(3) Any dispute between any officer or teacher of the University and the University shall, on the request of the University or the officer or teacher concerned, be referred to the Appellate Tribunal for decision and thereupon the provisions of sub-section (7), (8), (9), (10), (11) and (12) of section 66 and the regulations made by the Tribunal under section 72 shall mutatis mutandis apply to the decision of such dispute.


S.82 Pension insurance and provident fund.

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


S.83 Proceedings of the University and bodies not to be invalidated by vacancies.

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


S.84 Proceedings of Senate, syndicate and Academic Council.

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


S.85 Decision of certain disputes by Chancellor.

If any question arises regarding the interpretation of any provision of this Act or of any Statuate, 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.


S.86 Report on affiliated colleges.

The Vice Chancellor shall, at the end of every three years from the commencement of this Act, submit a report to the Government on the conditions of affiliated colleges.


S.87 Protection of acts and orders.

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


S.88 Bar of jurisdiction of civil courts.

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


S.89 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 at such commencement.

(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.90 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 a examination conducted by the University which he is required by the competent authority 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-

o in the case of a teacher or a member of the non-teaching staff of an affiliated college, an officer not below the rank of Director of Collegiate Education authorised by the Government in this behalf; and

o 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 required

S.91 Punishment for irregularities by teachers at examinations.

(1) Any teacher of an affiliated college or a teacher of the University who-

o connives with or assists any candidate at an examination conducted by the University to do any malpractice at such examination; or

o delays the valuation and return of answer books of candidates at any such examination which have been given to him for valuation;

shall, without prejudice to any other action that may be taken against him, be liable for disciplinary action.

(2) The Syndicate shall have the power to suspend the approval of the appointment of the teacher, in all cases where action is contemplated as per sub-section (1).


S.92 .

(**************************)


S.93 Appointment of the first Vice-Chancellor.

Notwithstanding anything to the contrary contained in section 10, the Chancellor shall appoint such person as he think fit to be the first Vice-Chancellor of the University.


S.94 Appointment of Registrar, Controller of Examinations and Finance Officer during initial period of two years.

Notwithstanding anything contained in section 14, 15 and 16, the Registrar, the Controller of Examinations and the Finance Officer shall be appointed by the Chancellor for a period of two years from the commencement of this Act on a salary to be fixed by him and on such other conditions as he thinks fit:

Provided that the power under this section shall not be exercised by the Chancellor after nomination of the syndicate under section 95.


S.95 Nomination of first University authorities.

Notwithstanding anything contained in this Act, the first of all authorities of the University shall be nominated by the Chancellor for a period of forty-eight months from the date of nomination or till the constitution of those authorities in accordance with the provisions of this Act, whichever is earlier.


S.96 Colleges and other institutions within the jurisdiction of the University. -

(1) All colleges and other educational institutions within the areas to which the jurisdiction of the University constitute under this Act extends, which immediately before the commencement of this Act were recognised by or were affiliated to the University of Calicut as institutions providing courses of study for admission to examinations of that University for degrees, diplomas and other academic distinctions, shall be deemed to be institutions recognised by or, affiliated to, the Kannur University constituted under this Act, and the provisions of this Act shall apply accordingly.

(2) Any student of any college within the areas referred to in sub-section (1) and affiliated to the University of Calicut immediately before the commencement of this Act shall be permitted to complete his course under the University of Calicut, and the University constituted under this Act shall provide for the instruction of such students in accordance with the cou

S.96(a) Pre-degree course to continue to be affiliated to the Calicut University.

Notwithstanding anything contained in any other provisions of this Act or in the Calicut University Act, 1975 (5 of 1975), Pre-degree courses in the colleges within the areas referred to in sub-section (1) of section 96 shall continue to be affiliated to the Calicut University and the University constituted under this Act shall provide for instruction of students of such courses in accordance with the course of study in the Calicut Univesity and comply with such directions as may be given to it by the Calicut University in respect of that course of study.]


S.97 Special provisions in respect of un-aided colleges.

Notwithstanding anything contained in this Act or the Statues, 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 Convener of the Committee; and

(iii) the Director of the Collegiate Education.]


S.98 Appointment of funds and assets of the University of Calicut.

A Committee consisting of the Vice Chancellor of the University of Calicut, the Vice Chancellor of the Kannur University and the Secretary to the Government of Kerala, Finance Department, shall examine the question of transfer of funds and assets other than those referred to in sub-section (3) of section 99 from the University of Calicut to the Kannur University and shall recommend to the Government the action to be taken in the matter, and the decision of the Government on such recommendation shall be final.


S.99 Act 5 of 1975 not to apply.

(1) Subject to the provisions of this section, the Calicut University Act, 1975 (5 of 1975), shall, with effect from the date of commencement of this Act, cease to apply in respect of the areas to which the jurisdiction of the Kannur University extends.

(2) Notwithstanding anything contained in sub-section (1), all statutes, Ordinances and Regulations made under the Calicut University Act, 1975 (5 of 1975) and in force on the date of commencement of this Act shall, in so far as they are not inconsistent with the provisions of this Act, continue to be in force in respect of the areas referred to in subsection (1) until they are replaced by the Statutes, Ordinances, and Regulations made under this Act.

(3) All property whether movable or immovable, including lands, buildings, equipment, books and library and all rights of whatever kind owned by or vested in or held in trust immediately before the date of commencement of this

S.100 First Statutes and first Ordinances.

(1) Notwithstanding anything contained in this Act, the first Statutes and the first Ordinances of the University shall be made by the Government:

Provided that the powers under this sub-section shall not be exercised by the Government after the Senate constituted in accordance with the provisions of this Act comes into being.

(2) Every first Statute and every first Ordinance made under this section shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following the Legislative Assembly makes any modification in the first Statute or the first Ordinance, as the case may be, or decides that the first Statute or, as the case may be, the first Ordinance should not be made, the first S

S.101 Removal of difficulties.

(1) If any difficulty arises as to the first consistitution or reconstitution of any authority of the University or otherwise in giving effect to the provisions of this Act, the Government may, by order do anything not inconsistent with the provisions of this Act, which appears to them necessary for the purpose of removing the difficulty:

Provided that no order under this sub-section shall be issued by the Government after the expiry of a period of two years from the commencement of this Act.

(2) Every order issued under sub-section (1) shall be laid, as soon as may be after it is issued, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following the Legislative Assembly makes any modification in the order or decides that the

S.102 Special provision regarding construction of references to "Malabar University" ; "Malabar University Ordinance" and "Malabar University Fund". -

(1) References to the "Malabar" University" , the Malabar University Ordinance" or the "Malabar University Fund" in any Act or in any rule notification proceeding, order, regulation, byelaw or other instrument or document shall be construed as reference to the "Kannur University", the "Kannur University Act" and the "Kannur University Fund", respectively.

(2) Where immediately before the date of publication of this Act in the Gazette any legal proceedings are pending in which the "Malabar University" is a party, the "Kannur University" shall be deemed to be substituted for the "Malabar University" in those proceedings and such proceedings may be continued accordingly.


S.103 Repeal and saving.

(1) The Malabar University Ordinance, 1996 (7 of 1996), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.


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