THE KERALA UNIVERSITY ACT, 1957

Act 14 of 1957

30th August 1957

An Act to provide for the reorganisation of the University of Travancore.

S.Preamble Preamble

WHEREAS it is necessary to reconstitute the University of Travancore into a teaching and federal University for the whole of the State of Kerala in order to enable it to provide for the conservation, promotion and development of Kerala art and culture and the Malayalam language and for the gradual change of the medium of instruction into Malayalam in all the educational institutions of the State and to provide greater facilities for post-graduate study and original research in all branches of learning by establishing centres of post-graduate study and original research in different parts of the State;

BE it enacted in the Eighth Year of the Republic of India as follows:—

S.1 Short title and commencement

(1) This Act may be called the Kerala University Act, 1957.

(2) It shall come into force on such date or dates as the Government may, by notification in the Gazette, appoint, and different dates may be appointed for different provisions of the Act.

S.2 Definitions

In this Act, unless the context otherwise requires,—

(a) "College" means a college maintained by, or affiliated to, the University;
(b) "Dean" means the President of a Faculty of the University;
(c) "Faculty" means a Faculty of the University;
(d) "Board of Studies" means a Board of Studies of the University;
(e) "Senate" means the Senate of the University;
(f) "Syndicate" means the Syndicate of the University;
(g) "State" means the State of Kerala;
(h) "Registered Graduates" mean graduates registered under the provisions of this Act and the Statutes and includes graduates deemed to be registered graduates.

Explanation.—The following persons shall be deemed to be registered graduates of the University:—

(i) all registered graduates of the Travancore University on the date of commencement of this Act; and
(ii) all registered graduates of the Madras University on the date o

S.3 The University

(1) The Chancellor, the Pro-Chancellor, the Vice-Chancellor and the members of the Senate and of the Syndicate, so long as they continue to hold such office or membership, as the case may be, shall constitute a body corporate with the name of the University of Kerala.

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

(3) Subject to the provisions of this Act, the University shall have power to take, purchase and hold any property, movable or immovable, which may become vested in it for the purpose of the University by purchase, testamentary disposition or otherwise, and to grant, demise, alienate or otherwise dispose of all or any of the properties belonging to the University and also to do all other acts incidental or appertaining to a body corporate.

S.4 Territorial limits

(1) The jurisdiction of the University shall extend to the whole of the State.

(2) No educational institution situate beyond the limits of the State shall, save with the sanction of the Chancellor, be affiliated to the University, and no educational institution within the State shall, save with the sanction of the Chancellor, seek or continue affiliation to any other University established by law.

S.5 Powers of the University

The University shall have the following powers, namely:—

(i) to provide for instruction 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;
(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;
(iv) to confer honorary degrees or other distinctions on approved persons in accordance with the conditions to be prescribed in the Statutes;
(v) to grant diplomas, certificates or other distinctions to persons who shall have pursued a

S.6 University open to all classes and creeds

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

Provided that the University may, subject to the previous sanction of the Government, maintain, affiliate or recognize any college or 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 and Scheduled Tribes, places for the purposes of admission as students in any college or institution maintained or controlled by the University.

(2) Disqualification for membership.—No person shall be qualified for election or nomination as a member of any of the authorities of the University or for continuing as a member if he—

(a) is belo

S.7 Officers of the University

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

(i) the Chancellor;
(ii) the Pro-Chancellor;
(iii) the Vice-Chancellor;
(iv) the Registrar; and
(v) such other officers as may be provided for by the Statutes.

S.8 The Chancellor

(1) The Governor of the State shall be the Chancellor of the University. He shall by virtue of his office be the head of the University and shall, when present, preside at meetings of the Senate and at any Convocation of the University.

(2) The Chancellor shall exercise such powers as may be conferred on him under the provisions of this Act or the Statutes.

S.9 The Pro-Chancellor

(1) The Minister administering the subject of Education in the State for the time being, 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 functions of the Chancellor.

S.10 The Vice-Chancellor

(1) The Vice-Chancellor shall be appointed by the Chancellor on the unanimous recommendation of a special committee consisting of three members, one elected by the Senate, one elected by the Syndicate and the third nominated by the Chancellor. In case the committee is unable to recommend a name unanimously, the Vice-Chancellor shall be appointed by the Chancellor from among a panel of three names submitted to him by the special committee.

(2) Notwithstanding anything contained in sub-section (1), for the appointment of the first Vice-Chancellor after the coming into force of this Act, it shall not be necessary to constitute a committee for submitting the panel of names and the Chancellor may appoint the first Vice-Chancellor who shall hold office for such period, as the Chancellor may consider expedient, not exceeding three years.

(3) The Vice-Chancellor shall hold office for a period of three years and shall receive such remuneration, as may be fixed in this behalf b

S.11 The Registrar

The Registrar shall be a whole-time paid officer of the University appointed by the Syndicate for such period and on such terms as may be prescribed by the Statutes. The Registrar shall exercise such powers and perform such duties as may be prescribed. Suits by or against the University shall be instituted by or against the Registrar.

S.12 Authorities of the University

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

(i) the Senate;
(ii) the Syndicate;
(iii) the Faculties; and
(iv) such other authorities as may be provided for in the Statutes.

S.13 The Senate

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

Class I—Ex Officio Members.

1. The Chancellor.
2. The Pro-Chancellor.
3. The Vice-Chancellor.
4. Heads of University Departments of study and research.
5. Chief Justice, Kerala.
6. Secretary to Government, Education Department.
7. Secretary to Government, Finance Department.
8. Director of Public Instruction.
9. Heads of recognised Research Institutions in the State (other than those maintained by the University).
10. Director of Technical Education.
11. Deans of Faculties.
12. Principals of Colleges in which instruction is given to a degree standard.
13. Members of the Syndicate who are not otherwise members of the Senate.

Class II—Elected Members.

(i) Sixteen members elected by the registered graduates from among themselves.
(ii) Six members elected from among

S.14 Reconstitution of the Senate

(1) The Senate shall be reconstituted every three years. Every member of the Senate other than ex officio and life members shall, subject to the provisions of this Act and the Statutes, hold office until the next reconstitution of the Senate:

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

Provided also that where an elected or nominated member of the Senate is appointed temporarily to any of the offices by virtue of which he is entitled to be a member of the Senate ex officio, he shall, by notice in writing signed by him and communicated to the Vice-Chancellor within seven days from the date of his taking charge of his appointment, choose whether he will continue to be a member of the Senate by virtue of his election or n

S.15 Powers of the Senate

(1) Subject to the provisions of this Act and the Statutes, the Senate shall have general superintendence over the affairs, concerns and properties of the University and shall exercise all the powers of the University not otherwise provided for.

(2) The Senate shall, subject to the provisions of this Act and the Statutes, have the following powers, namely:—

(i) to determine what degrees, diplomas and other academic distinctions shall be granted by the University;
(ii) to make, amend or repeal Statutes either of its own motion or on the motion of the Syndicate;
(iii) to cancel or modify any Ordinance passed by the Syndicate by a resolution passed by a majority of not less than two-thirds of the members present at the meeting at which the Ordinance is reported to the Senate by the Syndicate;
(iv) to review the annual report and the annual accounts of the University which shall be placed before it by the Syndicate and to consider and pass

S.16 Meeting of the Senate

(1) The Senate shall meet at least twice a year on dates to be fixed by the Vice-Chancellor. One of such meetings shall be called the annual meeting. The Senate may also meet at such other times as it may, from time to time, determine.

(2) One-fifth of the total number of members of the Senate shall be the quorum for a meeting of the Senate, provided that such quorum shall not be required for a Convocation of the University or a meeting of the Senate held for the purpose of conferring degrees, titles, diplomas or other distinctions.

(3) The Vice-Chancellor may, whenever he thinks fit and shall, upon a requisition in writing signed by not less than the number of members of the Senate forming the quorum under sub-section (2), convene a special meeting of the Senate. At a special meeting convened on requisition, no subject other than that shown in the requisition, shall be considered.

S.17 The Syndicate

The Syndicate shall consist of the following members, namely:—

Class I—Ex Officio Members

1. The Vice-Chancellor.
2. The Director of Public Instruction.
3. Secretary to Government, Education Department.

Class II—Other Members

(i) Four members elected from among themselves by the Principals of Colleges in which instruction is given to a degree standard of whom two shall be from private colleges and two from other colleges.
(ii) Five members elected from among themselves by the Senate of whom three shall be persons not connected with the profession of teaching: Provided that no employee of the University shall be eligible for election from the Senate to the Syndicate.
(iii) Two Deans elected by the Deans of Faculties from among themselves, one member elected by the Heads of Study in the University from among themselves; one member elected by the combined Faculties from among themselves (these shall not

S.18 Term of office of members of Syndicate

Members of the Syndicate, other than ex officio members, shall hold office for a period of three years from the date of their election, nomination or appointment:

Provided that no person elected, nominated or appointed 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 unless in the meanwhile he again becomes a member of that electorate.

S.19 Powers of the Syndicate

Subject to the provisions of this Act and the Statutes, the Executive Authority 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:—

(a) to affiliate institutions in accordance with the conditions prescribed in the Statutes;
(b) to make Ordinances and to amend or repeal the same;
(c) to propose Statutes for the consideration of the Senate;
(d) to hold, control and administer the properties and funds of the University;
(e) to direct the form, custody and use of the common seal of the University;
(f) to arrange for and direct the inspection of colleges, hostels and other institutions; and to constitute a Board of Inspection for that purpose;
(g) to prescribe the qualifications of teachers—
- (i) in the Colleges, and
- (ii) in th

S.20 Election of members to the Senate and the Syndicate

The election of members to the Senate and the Syndicate shall be conducted on the principle of proportional representation by means of the single transferable vote in accordance with the Statutes framed in this behalf.

S.21 Faculties

(1) The University shall have the following Faculties:—

(i) the Faculty of Arts.
(ii) the Faculty of Science.
(iii) the Faculty of Engineering.
(iv) the Faculty of Technology.
(v) the Faculty of Oriental Studies.
(vi) the Faculty of Fine Arts.
(vii) the Faculty of Commerce.
(viii) the Faculty of Medicine.
(ix) the Faculty of Ayurveda.
(x) the Faculty of Law.
(xi) the Faculty of Education.
(xii) the Faculty of Agriculture.
(xiii) the Faculty of Veterinary Science.
(xiv) such other Faculties as may be prescribed from time to time by the Statutes.

(2) The Faculties shall act in an advisory capacity to the Senate and the Syndicate in all academic matters, and shall perform such other functions as may be prescribed by the Statutes and the Ordinances.

(3) The faculty shall consist of the Chairman and two other members elected by the member

S.22 Boards of Studies

There shall be Boards of Studies attached to each department of study in the University. The constitution and powers of the Boards of Studies shall be prescribed in the Ordinances.

S.23 Institutions affiliated to the University

(1) All Colleges now established in the State shall stand affiliated to the University.

(2) The control of all institutions vested in the University at the commencement of this Act shall vest in the Government except the Research Institutions and other institutions as may be specified by the Government by notification in the Gazette.

(3) The Government may at any time transfer to the University any institution, subject to such terms and conditions as they may deem fit to impose as regards its future maintenance and control and the University may accept such transfer and thereafter it shall abide by such terms and conditions.

S.24 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 in so far as these are not provided for herein;
(b) the constitution, powers and duties of the authorities of the University in so far as these are not provided for herein;
(c) the procedure for election of members to the Syndicate, the Senate and other authorities of the University and all such other matters relating to these bodies, as may be necessary or desirable to provide;
(d) the degrees, diplomas, titles, certificates and other academic distinctions to be awarded by the University;
(e) the withdrawal or cancellation of degrees, diplomas, titles, certificates and other academic distinctions;
(f) the maintenance of a register of registered graduates;
(g) the holding of Convocation to confer degrees;
(h) the conferment of honorary

S.25 Procedure for making Statutes

(1) The Senate may take into consideration the draft of any Statute either of its own motion or as proposed by the Syndicate.

(2) Where, either of its own motion or as proposed by the Syndicate, a draft Statute has been placed before the Senate for its consideration, the Senate may pass the Statute with or without amendments, or reject it, or refer it to the Syndicate for resubmission together with any amendments that the Senate may suggest:

Provided that before any Statute is passed affecting the powers or duties of any officer, or the constitution, powers or duties of any authority of the University, the opinion of the officer or authority concerned and a report from the officer or authority concerned shall have been taken into consideration by the Senate.

(3) All Statutes passed by the Senate shall be submitted to the Chancellor and the Chancellor may sanction, disallow or remit the same for further consideration.

(4) No Statute, or amendment or repea

S.26 The Ordinances

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

(a) the courses of study and the conduct of examinations;
(b) the admission of students to the various courses of study and to the examinations;
(c) the levy of fees in colleges and other institutions maintained by the University;
(d) the residence and discipline of students;
(e) the qualifications of teachers;
(f) the appointment and the prescription of duties of Boards of Studies and Examiners;
(g) the scales of pay and the terms and conditions of service of employees of the University other than teachers of the University; and
(h) such other matters as may, in accordance with the provisions of this Act and the Statutes, be prescribed by Ordinances.

S.27 Procedure for making Ordinances

(1) All Ordinances made by the Syndicate shall have effect from such date as the Syndicate may direct; but every Ordinance so made shall be submitted, as soon as may be, to the Chancellor and the Senate, and shall be considered by the Senate at its next succeeding meeting. The Senate shall have power, by a resolution passed by a majority of not less than two-thirds of the members present at such meeting, to cancel or modify any such Ordinance.

(2) The Chancellor may direct that the operation of any Ordinance shall be suspended until such time as the Senate has had an opportunity of considering the same.

(3) The procedure to be followed in making, amending or repealing Ordinance in so far as these are not provided in this section shall be prescribed by the Statutes.

S.28 Rules and bye-laws

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

S.29 University Fund

(a) All grants made by the Government from time to time, and all sums paid or endowments made by private persons, or local authorities for the University, together with all fees received and rents and profits and other income derived from the properties and funds vested in the University, shall form a fund styled "the University Fund" which shall be at the disposal of the University to be employed for the purposes and in the manner mentioned in this Act and in the Statutes and the Ordinances.

(b) The University Fund shall be kept in the Government Treasury.

S.30 Grants

(1) The University shall receive as grants for its maintenance such sums as may be fixed by the Government each year.

(2) The Government may pay to the University such grants as may be decided upon by the Government for the purpose of expansion of its academic and research functions and for the purpose of assisting colleges affiliated to the University.

S.31 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 accounts when audited shall be published by the Syndicate in the Gazette, and copies thereof, together with copies of the audit report, be submitted to the Senate and the Government.

(3) The Syndicate shall also prepare three months before the close of the financial year the financial estimates for the ensuing year.

(4) The annual accounts and the financial estimates 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.

S.32 Annual report

The annual report of the University shall be prepared by the Syndicate and shall be submitted to the Senate on or before such date as may be prescribed by the Statutes and shall be considered by the Senate at its next annual meeting. The Senate may pass resolutions thereon and communicate the same to the Syndicate. The Syndicate shall inform the Senate of the action taken by it. A copy of the report with a copy of the resolutions thereon, if any, of the Senate shall be submitted to the Government for information.

S.33 Powers of Government

(1) The Government shall appoint auditors of the accounts of the University and the institutions under the management of the University. 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 and control of the University. The University shall bear the cost of the audit as fixed by the Government.

(2) After completing the audit for a year or for any shorter period or for any transaction or series of transactions, the auditors shall send a report to the University and a duplicate copy thereof to the Government. The auditors shall specify in the report all cases of irregular, illegal or improper expenditure or of failure to recover moneys or other property due to the University or of loss or waste of money or other property thereof caused by neglect or misconduct of the officers and authorities of the University. The Auditors shall also report on any other

S.34 Conditions of service

(1) Save as otherwise provided by or under this Act, every salaried officer and teacher of the University shall be appointed under a written contract. The contract shall be lodged with the Registrar and a copy thereof shall be furnished to the officer or teacher concerned.

(2) Any dispute arising out of a contract between any officer or teacher of the University and the University shall, on the request of the officer or teacher concerned be referred to a Board of Arbitration consisting of one member appointed by the Syndicate, one member nominated by the Government not below the rank of a District Judge (who will be the Chairman) and a nominee of the officer or teacher concerned.

(3) The award of the Board shall be final and no suit shall lie in any Civil Court in respect of the matter decided by the Board. Every such request shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Indian Arbitration Act, 1940, and the

S.35 Conditions of service of private teachers

The provisions in section 34 shall govern the appointment of teachers in private colleges subject to the proviso that a nominee of the management shall also be included in the Board, in lieu of the representative of the Syndicate.

S.36 Pension, Insurance and Provident Fund

The University shall make adequate provisions for the benefit of its officers, teachers and other servants under their control and the teachers and other servants employed in private colleges in matters of insurance and pension and provident fund or other benefits as it may deem fit in such manner as may be prescribed by the Statutes.

S.37 Miscellaneous

(1) No act or proceedings of the Senate, the Syndicate 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.

(2) The appointment of the Vice-Chancellor and the Registrar shall be notified in the Gazette.

(3) The Statutes, Ordinances, rules and bye-laws passed in accordance with the provisions of this Act shall be published in the Gazette.

(4) The Syndicate shall forward to the Government within one month of the date of the meetings copies of the proceedings of the Senate and the Syndicate.

(5) Any member of any authority or body of the University may resign his office by letter addressed to the Registrar.

(6) Any member of any authority or body of the University shall cease to be a member on his being convicted by a Court of law of an offence which involves moral delinquency.<

S.38 Dispute as to constitution of University authority or body

If any question arises regarding the interpretation of any provision of this Act, or of any Statute, Ordinance, Regulation or rule, 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 twenty-five members of the Senate so require. The Chancellor shall, after taking such advice as he deems necessary, decide the question and his decision shall be final.

S.39 Protection of acts and orders

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

S.40 Transitory provisions

(1) Notwithstanding anything contained in this Act, the colleges in the State affiliated to the University of Madras at the commencement of this Act may continue their affiliation with that University for such minimum period as may be required to enable students pursuing a course of study leading to any examination of the University of Madras to complete that course and to sit for the examination, and the University and the colleges shall provide for such students instructions in accordance with the curricula prescribed by the University of Madras.

(2) Notwithstanding anything contained in this Act, the South Travancore Hindu College, Nagercoil, affiliated to the University of Travancore shall be permitted to continue its affiliation with the University of Kerala until such time as it is affiliated to any other University.

(3) Notwithstanding anything contained in this Act, or the Statutes and Ordinances framed thereunder, any research student of the University of Tra

S.41 Removal of difficulties

If any difficulty arises as to the first constitution or reconstitution of any authority of the University after the commencement of this Act or otherwise in first giving effect to the provisions of this Act, the Government may by order do anything which appears to them necessary for the purpose of removing the difficulty.

S.42 Repeal

The Travancore University Act, 1113, is hereby repealed.