Chapter IX MISCELLANEOUS

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 any thing purporting to be done in pursuance of this Act and the

Dispute as to constitutions of University’s Authority or Body.{1) If any dispute arises regarding the interpretation of any provision of this Act or any Statutes, Ordinances or as to whethera person has been duly appointed, or nominated or is entitled to be a member of any authority or body of the University, the matter may be referred to the Chancellor, and shall be so referred to him if notless than ten members of the Syndicate so require.

(2 The Chancellor shall after taking such advice as he deems necessary, decide the question and his decision thereon shall be final;

Bar ofjurisditction of Civil Courts.-No civil court shall have jurisdiction to settle decide ordeal with any question or to determine any matter which is, by or under this Act,

required to be settled, decided or dealt with orto be determined by any authority or person under this Act.

University.- (1) The Government shall have the right to cause an inspection to be made by such person or persons as they may direct of the University, its buildings, laboratories, libraries, museums, workshops and equipments and of any institutions maintained, recognised or approved by, the University and also of the work conducted by the Univeristy, and to cause enquiry to be made in respect of any matter connected with the University.

1. (2) The Government shall; before taking any action under sebsection (1) give notice to the University of their intention to cause such inspection or enquiry to be made and the University shall be entitied to be represented thereat.
2. (3) The Government shall communicate to the Syndicate the result of any inspection or inquiry made under sub-section
3. (1) and may, after ascertaining the opinion of the syndicate thereon, convey their views to the Vice-Chancellor and to the Syndicate.
4. (4) The Govenment may, after considering the views of the Vice-Chancellor and the Syndicate on the result of any inspection or inquiry under sub-section (1), advise the University upon the action to be taken in the matter.
5. (5) The Syndicate shall report to the Government the action, if any which is proposed to be taken, or has been taken upon the result ofany inspection or inquiry under sub-section(1)
6. (6) A report under sub-section (5) shall be submitted with the opinion of the Syndicate thereon and within such time as the Government may direct.
7. (7) Where the Syndicate does not, within a reasonable time, take any action referred to in sub-sectio (4) to the satisfaction of the Government, the Govenment may, after considering any explanation furnished by the Syndicate in the matter, issue such directions as they may think fit, and the

Appointment of Commission to enquire into the working of the University-(1) The Government may at any time and shall, on the expiry of ten years from the commencement of this Act and thereafter at the expiration of every ten years, by order published in the Gazette, constitute a Commission which shall consist of a Chairman and such other members not exceedcing five as the Government may appoint, and such order shall define the procedure to be followed by the Commission.

1. (2) The commission constituted under sub-section (1) shall inquire into and report on-
   • (i) The working of the University during the period to which the inquiry relates;
   • (ii) The financial position of the University;
   • (iii) Any change to be made in the provisions of this Act orthe Statutes Ordinance, Rules and Bye-laws made thereunder with a view to bringing about improvement inthe affairs of the University; and
   • (iv) such other matters as may be referred to it by the Government, and make such recommendations to the Government as it thinks fit.
2. (3) On receipt of the report and the recommendation of the Commission under sub-sectio (2), the Government shall forthwith refer such report and recommendations to the Syndicate for consideration and report.
3. (4) Immediately after the Syndicate has considered the report and recommendation of the Commission and submitted its report to the Government, the Government shall consider the report of the Syndicate and pass such orders thereon as they think fit and shall also cause the same to be published in the Gazette.

by or under this Act, every salaried officer and teacher of the University shall be appointed by a written order.

1. (2) The written order referred to in sub-section (1) shall be Idged with the Registrar and acopy thereof shall be furnished to the officer or teacher concerned.
2. (3) Any dispute between any officer (other than the Vice-Chancellor and the Pro-Vice-Chancellor) or teacher of the Unversity and the University shall, on the request of the University or the Officer or teacher concerned, be referred to the Appellate Tribunal for decision. 53, Pension, Insurance and Provident Fund.- With the previous approval of the Government, the University shall make appropirate 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 fil, in such manner as may be prescribed by the Ordinances.

Notwithstanding anything contained in this Act, the first Senate shall be nominated by the Government.

1. (1) any Officer or Authority of the University of Cochin exercising any power or performing any duty under the Cochin University Act, 1971, immediately before the commencement of this Act, shall for a period of three months from such commencement or unitl the corresponding officer or authority is appointed, nominated or constituted, as the case may be, in accordances with the persons of this Act or the Students or Ordinances made thereunder, whichever is earlier continue to exercise such powers or perofrm such duties, as the case may be, so far as such powers or duties, are not inconsistent with the provisions of this Act. (2) The Statutes, Ordinances, Regulations, Rules, Byelaws and Orders in force immediately before 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 until they are replaced by the Statues, Ordinances, Regulations, Rules, Bye-laws or Orders framed under this Act. (3) All properties, all rights of whatever kind, used, enjoyed or possessed by, and all interests of whatever kind owned by or vested in, or held in trust by or for the University of Cochin constituted under the Cochin University Act, 1971 and and all liabilities legally subsisting against the said University, shall pass to the Cochin University of Science and Technology constituted under this Act.

the University of Cochin exercising any power or performing any duty under the Cochin University Act, 1971, immediately before the commencement of this Act, shall for a period of three months from such commencement or unitl the corresponding officer or authority is appointed, nominated or constituted, as the case may be, in accordances with the persons of this Act or the Students or Ordinances made thereunder, whichever is earlier continue to exercise such

powers or perofrm such duties, as the case may be, so far as such powers or duties, are not inconsistent with the provisions of this Act.

1. (2) The Statutes, Ordinances, Regulations, Rules, Byelaws and Orders in force immediately before 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 until they are replaced by the Statues, Ordinances, Regulations, Rules, Bye-laws or Orders framed under this Act.
2. (3) All properties, all rights of whatever kind, used, enjoyed or possessed by, and all interests of whatever kind owned by or vested in, or held in trust by or for the University of Cochin constituted under the Cochin University Act, 1971 and and all liabilities legally subsisting against the said University, shall pass to the Cochin University of Science and Technology constituted under this Act.

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.

When the provisions of any other law relating to matters dealt within this Act, are inconsistent with the provisions of this Act the provision of such otherlaw shall, to the extent of such inconsistency, have no effect.

Science and Technology Ordinance, 1986 (48 of 1986), is hereby repealed.

1. (2) Notwithstanding such repeal, anything done or deemed to have beeen 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. English Translation Appendix ACT 5 OF 1989 THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY (AMENDMENT) ACT, 1989 (Received the assent of the Governor on the 31st day of January, 1989 and published as Act 5of 1989 in the Kerala Gazette Extraordinary No. 104 dated the 31st January, 1989) An Act to amend the Cochin University of Science and Technology Act, 1986. Preamble.- WHEREAS it is expedient to amend the cochin University, of Science and Technology Act, 1986, for the purposes hereinafter appearing. Be it enacted in the Thirty-ninth Year of the Republic of India as follows:- 1. Short title and commencement. -(1) This Act may be called the Cochin University of Science and Technology (Amendment) Act, 1989.
2. (2) It shall be deemed to have come into force on the 15th day of November. 1988. 2. Amendment of Section. 31-In section 31 of the Cochin University of Science and Technology Act, 1986 (31 of 1986) (hereinafter reffered to as the principal Act),-
   • (a) in sub-section (1), for the words “The Chancellor” the words “The Vice Chancellor” shall be substituted;
   • (b) for sub-section (2), the following sub-section shall be substituted, namely:-
3. (2) The Selection Commettee shall consist of-
   • (a) in the case of the Selection Committee for selection of Professors and Readers,- @i) The Vice-Chacellor, Ex-officio Chairman,
     • (ii) One member of the Syndicate nominated by the Vice-Chancellor,
     • (iii) Three subject experts not being inthe service of the University chosen by the Syndicate,
     • (iv) The Dean of the Faculty concerned;
   • (b) in the case of the Selection Committee for Selection of Lectureres and other teaching Staff;- [0] the Vice-Chancellor, Ex-officio Chairman,
     • (ii) one member of the Syndicate nominated by the Vice-Chancellor,
     • (iii) two subject exports not being in the service of the University chosen by the Syndicate,
     • (iv) the Head of the concerned Department of Professor in-charge; {c) in the case of the Selection Committee for selection of non-teaching staff,
     • (i) The Vice-Chancellor or Pro-Vice-Chancellor, Ex-officio Chairman
     • (i) Two members of the Syndicate nominated by the Vice-Chancellor, of whom shallbe a person belonging to the Scheduled Castes or Scheduled Tribes. The Registrar shall be the Secretary of the Committee 8. Repeal and Saving.- The Cochin University of Science and Technology (Amendment) Ordinance, 1988 (21 of 1988), us hereby repealed.
4. (2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinace shall be deemed to have been done or taken under the Principal Act as amended by this Act.

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GOVERNMENT OF KERALA Law (Legislation-Unification) Department NOTIFICATION 15™ October, 2007 No.19706/Leg.Uni.3/2007/Law Dated, Thiruvananthapuram 23™ Aswina 1929 In pursuance of clause (3) of Article 348 of the Constitution of India, the Governor is pleased to authorize the publication in the Gazette of the following translation in English language of the Cochin University of Science and Technology (Amendment) Act, 2007 (25 of 2007). By order of the Governor

Special Secretary (Law)

(Translation in English of “2007 - eal 0a] woOATI-MVOGE DE wim mudgeaiowoel (BOE) Gag” published under the authority of the Governor)

ACT 25 OF 2007 THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY (AMENDMENT) ACT, 2007 An Act further to amend the Cochin University of Science and Technology Act, 1986.

Preamble ~ WHEREAS, it is expedient further to amend the Cochin University of Science and Technology Act, 1986 for the purposes hereinafter appearing;

BE it enacted in the Fifty-eighth year of the Republic of India as follows:-

1. Short title and commencement.- (1) This Act may be called the Cochin University of Science and Technology (Amendment) Act, 2007.

1. (2) Clause (d) of sub-section (1) of section 2 of this Act shall be deemed to have come into force on the 5" day of February, 2007 and the ’ remaining provisions shall come into force at once. 3. Amendment of Section 17 — In the Cochin University of Science and Technology Act, 1986 (31 of 1986) (hereinafter referred to as the principal Act), in section 17, --
2. (1) in sub-section (1), --
   • (a) in item (iv) after the words, “The Secretary to Government, Higher Education Department’ the words, “or an officer not below the rank of the Joint Secretary, Higher Education Department nominated by him", shall be inserted;
   • (b) for item (v), the words, “(v) The Executive Vice-President, Kerala State Council for Science, Technology and Environment” shall be inserted; : (©) in item (viii) for the word, “five” the words, ‘six’ and after the words, “a member of Scheduled Caste or Scheduled Tribe’ the words, “one shall be a woman” shall be added respectively;
   • (d) after item (x), the following item shall be inserted, namely:-- “N “(xi) A person nominated by the Executive Council of the Kerala State Higher Education Council from among its members:
   • (e) after item (xi) inserted as per clause (d), the following items shall be inserted, namely:-
     • (xii) The Secretary to the Finance Department or an officer not below the rank of the Joint Secretary nominated by him;
     • (xiii) An expert from the field of Information Technology nominated by the Government;
     • (xiv) Chairperson, University Students Union or in the absence of the Chairperson, a post graduate/research student of the University nominated by the Government”.
3. (2) in sub-section (2); --
   • (a) for the letters and brackets “(ix), (x)" the letters and brackets “(ix), (x), (xii), (xiii)" shall be substituted;
   • (b) after the existing proviso, the following proviso shall be added, namely :- . “Provided further that the term of the Syndicate shall co- terminus with the term of the Senate” 3. Amendment of Section 19 — In the principal Act, in section 19, in the heading “other members”, after item (iv), the following item shall be inserted, namely:- “(v) a woman nominated by the Government” 4. Repeal and Saving — (1) Section 5 of the University laws (Amendment) Ordinance, 2007 (46 of 2007) is hereby repealed.
4. (2) Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed to have been taken under the principal Act as amended by the said ordinance, shall be deemed to have been done or taken under the principal Act as amended by the Act.