MAHATMA GANDHI UNIVERSITY ACT 1985
An Act to establish and incorporate a University at Kottayam by the name Mahatma Gandhi University.
Whereas it is considered necessary to establish a new teaching and affiliating University in the State to provide for the urgent development of higher education in the areas comprised in the Kottayam, Ernakulam and Idukki revenue districts, the Kuttanad taluk of the Alleppey revenue district and the Kozhencherry, Mallappally, Thiruvalla and Ranni taluks of the Pathanamthitta revenue district of the State;
Be it enacted in the Thirty-sixth Year of the Republic of India as follows:-
(1) This Act may be called [the Mahatma Gandhi University Act] 1985.
(2) It shall be deemed to have come into force on the 2nd day of October, 1983.
In this Act, unless the context otherwise requires, -
(1). "Academic council" means the Academic Council of the University;
(2). "affiliated college" means 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 Senate;
(4). "Appellate Tribunal" means the Appellate Tribunal constituted under subsection (1) of section 69;
(5). "Board of Studies" means a Board of Studies of the University;
(6). "Chancellor" means the Chancellor of the University;
(7). "college" means an institution mai
(1) The Chancellor, [xxxxx] 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 corporated [by the name of the Mahatma Gandhi University].
(2). The headquarters of the University shall be at Kottayam.
(3). 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 Kottayam, Ernakulam and Idukki revenue districts, the Kuttanad taluk of the Alleppey revenue district and the Kozhencherry,Mallappally, Thiruvalla and Ranni taluks of the Pathanamthitta revenue 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.
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 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
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 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 Scheduled Castes or Scheduled Tribes, places for the purpose of admission as students in any college or institution maintained or controlled by the University.
(1) The Governor of Kerala shall, by virtue of his office be the Chancellor of the University.
(2) The Chancellor shall be the head of the University and shall, when present, preside [xxxx] at any convocation of the University.
(3). All the authorities of the University shall be subordinate to the Chancellor.
(4). 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.
(5). The Chancellor shall, when an emergency arises, have the right to suspend or dismiss any of the authorit
(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 Examination
(ivA) The Deans of Faculties;
(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 recommendation as hereinafter provided 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:
Provided that no person holding any office under the University shall be nominated as a member of the Committee.
(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 five 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, t
(1) The Chancellor may, if he considers it necessary, appoint a Pro-Vice Chancellor from among a panel of names submitted to him by the Vice-Chancellor
(2). No person who is more than [sixty] years of age shall be appointed as Pro-Chancellor.
(3). The Pro Vice Chancellor shall be a whole time salaried officer of the University.
(4). The appointment of the Pro-Vice-Chancellor shall be coterminus with that of the Vice-Chancellor.
(5). The salary and the other conditions of service of the Pro-Vice Chancellor shall be such as may be prescribed by the Statutes.
(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 Vice-Chancellor.
(1) the Syndicate shall appoint a person selected by the Government from among a panel containing the names of three persons furnished to the Government by a selection committee appointed by the Syndicate consisting of three members headed by the Vice-Chancellor, as the Registrar of the University for such period and on such terms as may be prescribed by the Statutes
(2). The Registrar shall be a whole time salaried officer of the University and 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 Syndicate shall appoint a person selected by the Government from among a panel containing the names of three persons furnished to the Government by a selection committee appointed by the Syndicate, consisting of three members headed by the Vice Chancellor, as Controller of Examinations of the University for such period and on such terms as may be prescribed by the Statutes.
(2). The Controller of Examinations shall be a whole time salaried officer of the University and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
(1) The Syndicate shall appoint a person selected by the Government from among a panel containing the names of three persons furnished to the Government by a section committee appointed by the Syndicate, consisting of three members headed by the Vice-Chancellor, as the Finance Officer of the University for such period and on such terms as may be prescribed by the Statutes
(2). The Finance Officer shall be a whole time salaried Officer of the University and 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 Board of Studies
(vi). the Students' council.
(vii). the Finance Committee;
(viii). the Planning Board; and
(ix). 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). [**************]
(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 an officer not below the rank of Joint Secretary to Government, General Education Department to be nominated by the Government.
(9). The Secretary to Government or an officer not below the rank of Joint Secretary to Government, Higher Education Department, to be nominated by the Government.
(9a) The Secretary to Government, Informa
(1) The Senate shall be reconstituted every four years.
(2). The term of office of any members 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 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 entitled to
Save as otherwise expressly provided in this Act, the Senate shall have the following powers, namely:-
(a). to review, from time to time, the broad policies and programmes of the University;
(b). to suggest measures for the improvement and development of the University;
(d). to consider and pass resolution on the annual report and the annual accounts of the University and the audit report on such accounts; and
(e). to advise the Chancellor in respect of any matter which may be referred to it for advice.
(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:
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(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 Department or an officer not below the rank of joint Secretary nominated by him.
(d) The Secretary to Government, Finance Department or an Officer not below the rank of Joint Secretary nominated by him.
(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) Not more than eight members nominated by the Government from the field of Higher Education of wh
(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 becomes a member of that body or the holder of that office:
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Provided further that a member other than 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
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 statutes and ordinances and to amend or repeal the same;
(iii). [xxxxx]
(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;
(vi). to arrange for and direct the inspection of colleges, hostels and other institutions and to constitute a Board of Inspection for that purpose;
(vii). to establis
(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 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 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 orde
(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 from each Board of Studies nominated by the Syndicate, who are teachers of the University and of the colleges or institutions by rotation
(c) not less than five and not more than ten members nominated by the Syndicate from among teachers, by rotation;
(d). two members, to be nominated by the Syndicate who are from outside the University on the basis of their expert knowledge.
(4
(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.
(1A) Notwithstanding anything contained in sub-section (1), where a University Department has not been started under a faculty, the Dean of such faculty shall be nominated by the Chancellor in consultation with the Vice Chancellor, from among the Heads of Departments are Professors of other Universities in the State or affiliated Government Colleges for professional courses, in the University area.";
(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 renomination.
(1) There shall be a Board of Studies attached to each Department of Study in the University;
(A) Each Board of Studies shall consist of --
(a). the Head of the Department as its Chairman;
(b). such number of members as may be prescribed by the Statutes, nominated by the Chancellor from among the teachers of the University and of the Colleges, by rotation
(c). such number of members as may be prescribed by the Statutes, nominated by the Chancellor from among persons who are experts in the field of education.
Provided however that post-graduate studies in each department may have separate Board of Studies.
(2) The [xxxxx] powers 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 three years from the date of their entering upon office.
(1) There shall be a Dean of students who shall be nominated by the Chancellor in consultation with the Vice Chancellor from among the students.
(2). The Dean of students shall hold office for a period of two years from the date of nomination and shall be eligible for renomination.
(3). The Dean of students shall have such functions as may be prescribed by the Statutes.
(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 Faculties nominated by the 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.
(h) The Dean of students.
Elected Members
(a). Fifteen members, not being members of the Senate or the Academic Cou
(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 centers, 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 comm
(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) three members elected by the members of the Syndicate from among themselves of whom two shall be Deans of Faculties.
(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 Department or an officer not below the rank of Joint Secretary nominated by him.
(1) There shall be a Planning Board which shall be the principal planning body of the University to advise 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). three heads of University departments to be nominated by the Vice-Chancellor;
(c). One expert to be nominated by the Chancellor;
(d). two members to be nominated by the University Grants Commission;
(e). the Secretary to Government, Higher Education Department or an Officer not below the rank of Joint Secretary to Government nominated by him;
(f). the member, State Planning Board in charge of Education;
(g). the Registra
The constitution, powers and duties of such other authorities as may be declared by the Statutes to be 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 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 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 question arises as to whether any person is disqualified under s
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 the Senate, [xxxxxx] 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;
(cc). the procedure for selection and method of appointment, conditions of service, powers and duties of teachers of the University and non-teaching staff.
(d). the award of degrees, diplomas, titles, certificates, and other academic distinctions by the University;
(e). the withdra
(1) The Syndicate 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 Syndicate shall obtain and consider the opinion of the Academic Council, where necessary on academic matter.
(2). The Academic Council may propose to the Syndicate the draft of any Statute for consideration and such draft shall be considered by the syndicate at is 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 shall be again
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 workload 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:
Provided that no special pay or allowance or extra remuneration of any description whatsoever including ex-gratia payment or other benefits having financial implication shall be granted to any officer, teacher or other employee of the University without the prior approval of the Government:
Provided further that no such prior approval of the Government
(1) All Ordinances made under this Act shall have effect from such date as the Syndicate may direct.
(2) The procedure to be followed in making, amending or repealing Ordinances shall be prescribed by the Statutes.
(3) Every Ordinance and amendment to an Ordinance including repeal of an Ordinance which involves expenditure shall be made only with the prior approval of the Government.
(4) No Ordinance or amendment to any Ordinance including repeal of an Ordinance which involves expenditure shall be valid or come into force unless assented by the Chancellor.
Subject to the provisions of this Act, Statutes and the Ordinances, the Academic Council may make Regulations providing for all or any of the following matters, namely:-
1. the courses of studies and the conduct of examinations;
2. the admission of students to the various courses of study and to the examinations;
3. the qualifications of teachers;
4. the appointment and prescription of duties of the Boards of Studies and Examiners;
5. recognition of examinations, degrees and diplomas of other Universities as equivalent to the examinations, degrees and diplomas of the University; and
6. all other matters which under the provisions of this Act, the Statutes and the Ordinances are to be, or may be, prescribed by 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 Regulation shall lapse or, as the case may be, the Regulation repealed shall revive after the next succeeding meeting of the Syndicate.
(1) The Syndicate shall have power to make rules, bye-laws and orders not inconsistent with the provisions of this Act, the Statutes, the Ordinance 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 meeting 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.
All Statutes, Ordinances and Regulations made under this Act shall be published in the Gazette.
The election of members to the Senate, and [xx] 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 election 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 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 members 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 and the resignation shall take effect on the date of receipt of the 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. [xxxxx]
(3). The Vice Chancellor may, on the recommendations 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 applies to be adjudicated or has been adjudicated an insolvent.
(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 Mahatma Gandhi University Fund and shall be employed for the purposes and in the manner laid down in this Act and in the Statutes, Ordinances, rules, bye-laws and orders made thereunder:
Provided that separate accounts may be maintained for specific purposes.
(2). All moneys in the Mahatma Gandhi University Fund shall be lodged in the Government Treasury or with the approv
(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.
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 date as may be prescribed by the Statutes and forward the same together with a memorandum conveying explanatory notes thereon to the Chancellor for consideration.
(2) The Chancellor shall consider the financial estimates and shall approve it either without alterations or with such alterations as he may deem fit.
The University shall not, -
(a). without the prior approval of the Government, -
(i). divert funds earmarked for a purpose for any other purpose; or
(ii) implement any scheme which involves any matching contribution from the State Government; or
(b). implement any scheme which imposes a recurring liability on the Government, after the assistance from the sponsoring authority ceases.
(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 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 subsection (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.
(1) The Government shall appoint auditors of 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 sent 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 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;
(dd) two persons nominated from permanent teachers by the University by rotation, of whom, one shall be from those having ten years of service or more and the other shall be from those having less than ten years of service;
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(h) not more than six persons nominated by the unitary management.
(2). The manager of the private college shall be the Chairman and the Principal shall be the Secretary
(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 provisions in that behalf contained in the Statutes;
(d). a person nominated by the Government;
(dd) two persons nominated from permanent teachers by the University, by rotation, of whom one shall be from those having ten years of service or more and the other shall be from those having less than ten years service;
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(h) not more than fifteen persons nominated by the corporate management.
(2) the manager of the private colleges shall be chairman
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 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 mana
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 not opposed to the fundamental principles of law; 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 notific
(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) Appointments 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-sections (1 A) and (2), shall be made by the educational agency by promotion from among the teachers of the
(1) Teachers of colleges shall posses such qualifications as may be prescribed by the Regulations.
(2). Notwithstanding anything contained in any law or in any judgement, 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 of the University of Kerala under the Kerala University Act, 1974 (17 of 1974), 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 orders was made, and accordingly all such decisions and orders shall be, and shall be deemed always to have been valid and in accordan
(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, 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 of
(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) Notwithstanding anything contained in this Act, the Statutes, Ordinances and Regulations made thereunder, -
(a) a person appointed as teacher in a private college in a temporary vacancy on or after the 14th day of March, 1974 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;
(1) The Educational Agency may at any time place a teacher of a Private College under suspension when any disciplinary proceedings 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 be
(1) Notwithstanding anything contained in this Act or in the Statutes, Ordinances or Regulations and subject to such rules as may be made by Government in this behalf, the Government or such officer not below the rank of Deputy Director of Collegiate Education, as may be authorized by the Government in this behalf, 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 authorized 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 authorized Officer, as the case may be, shall take disciplinary action against the teacher only if the manager fails to take
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.
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.
(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.
(1) Where an educational agency has colleges under the jurisdiction of the Mahatma Gandhi University and also under the jurisdiction of the Kerala University or 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 who have opted to work under the jurisdiction of the Mahatma Gandhi University or the Kerala University or the Calicut University is more than the number
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 Mahatma Gandhi 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, may be transferred to any college under the jurisdiction of the Mahatma Gandhi 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 edu
(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 a 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 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.
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 form 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 t
(1) The Government shall, in consultation with the University and the representative 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 private college who contravenes any of the provisions of the Code of Conduct shall be liable for disciplinary action which may involve the imposition of a major penalty.
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 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 University may, at 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, of the University, its buildings, laboratories, libraries, museums, workshops and equipments and of other institutions maintained, recognized or approved by, or affiliated to, the University, and also of the work conducted by the University and also cause an enquiry to be made in respect of any 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 o 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 or enquiry under sub-section (1).
(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 the 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 final 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 improvements in the affairs of the University; and
(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 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 such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
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In making appointments by direct recruitment to posts in any class or category under the University or to posts of non-teaching staff in the University, the University shall mutates mutandis observe the provisions of clauses (a), (b) and (c) of rule 14 and rules 15, 16, 17 and 17A of the Kerala State and Subordinate Service Rules, 1958, as amended from time to time.
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(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 by referred to the appellate Tribunal for decision, and thereupon, the provisions of sub-sections (7), (8), (9), (10), (11) and (12) of section 63 and the regulations made by the Tribunal under section 69 shall mutates mutandis apply to the decision of such dispute.
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 meetings.
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.
he 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.
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 done or purporting to be done in pursuance of this Act and the Statutes, Ordinances, Regulations, rules, bye-laws and orders made thereunder.
(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 of other employee of the University to do any work in connection with an examination conducted by the University which he 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 authorized 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 conducte
Any teacher of an affiliated college or a teacher of the University who -
(a). connives with, or assists, any candidate at an examination conducted by the University to do any malpractice at such examination; or
(b). 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.
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Notwithstanding anything to the contrary contained in section 10, the Chancellor shall appoint such person as he thinks fit to be the first Vice-Chancellor of the University for a period not exceeding three years.
Notwithstanding anything contained in section 12, 13 and 14, for a period of two years from the commencement of this Act, the Registrar, the Controller of Examinations and the Finance Officer shall be appointed by the Chancellor for the said period, 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 94.
Notwithstanding anything contained in this Act, the Chancellor shall have power to appoint such officers and servants of the University as may be necessary for ensuring the working of the University.
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.
(1) All colleges and other educational institutions within the areas to which the jurisdiction of the University extends, which immediately before the commencement of this Act where recognized by, or were affiliated to the University of Kerala 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 recognized by, or affiliated to, the Mahatma Gandhi University under this Act and the provisions of this Act shall apply accordingly.
(2). Any student of any college within the area referred to in sub-section (1) and affiliated to the University of Kerala immediately before the commencement of this Act shall be permitted to complete his course under the University of Kerala, and the
Mahatma Gandhi University shall provide for the instruction of such students in accordance with the course of study in the Uni
(1) Any person in the employment of the University of Kerala 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 Mahatma Gandhi University .
(2) As soon as may be after the date of the commencement of this Act, the Government may, after consulting the Vice-Chancellors of the University of Kerala and the Mahatma Gandhi University direct, by general or special order, that such of the employees of the University of Kerala as are specified in such order shall stand allotted to serve in connection with the affairs of the Mahatma Gandhi 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 Mahatma Gandhi University shall be given preference.
(4). With
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(1) The sums to the credit of the provident fund accounts of the persons referred to in sub-section (2) of section 96 as on the date specified in the order under that sub-section shall be transferred to the Gandhiji University, and the liability in respect of the said provident fund accounts shall be the liability of the Gandhiji University.
(2) There shall be paid to the Mahatma Gandhi University out of the accumulation in the superannuation fund and other like funds, if any, of the University of Kerala such amounts as have been credited to the superannuation fund and other like funds, if any, on behalf of the persons referred to in sub-section (2) of section 96. The amounts paid under sub-section (2) shall form part of the superannuation fund or other like funds, if any, that may be established by the Mahatma Gandhi University for the benefit of its employees.
A Committee consisting of the Vice-Chancellor of the University of Kerala, the Vice-Chancellor of the Mahatma Gandhi 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 Kerala to the Mahatma Gandhi 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.
(1) Subject to the provisions of this section, the Kerala University Act, 1974 (17 of 1974), shall, with effect from the date of the commencement of this Act cease to apply in respect of the areas to which the jurisdiction of the Mahatma Gandhi University extends.
(2). Notwithstanding anything contained in sub-section (1), all Statutes and Ordinances made under the Kerala University Act 1974 (17 of 1974) and in force on the date of the 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 and Ordinances to be made under this Act.
(3). All property, whether movable or immovable, including lands, buildings, equipments, books and library and all rights of whatever kind owned by or vested in or held in trust immediately before the date of the commencement of this
(1)Notwithstanding anything contained in this Act, the first Statutes and the first Ordinances of the University shall be made by Government in consultation with the University Grants Commission, within a period of one year from the date of commencement of the Mahatma Gandhi University (Amendment) Act, 1988.
(2). Every first Statute and every first Ordinance made under this section shall be laid as soon as 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 Statute or the first Ordinance as the case may be shall th
(1) If any difficulty arises as to the first constitution 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.
(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 order should not be issued, the order 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 annulmen
(1) The Gandhiji University Ordinance, 1984 (92 of 1984), is hereby repealed
(2) Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed to have been taken under the said Ordinance shall be deemed to have been done or taken under this Act.
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