Chapter VIII PRIVATE COLLEGES AND AFFILIATION OF COLLEGES

Definitions .- In this Chapter,-

1. (a) “corporate management” means an education agency which manages more than one private college; and
2. (b) “unitary management” means an educational agency which manages one private college.

Governing body for private college under unitary management.-

1. (1) A unitary management shall constitute, in accordance with the provisions of the Statutes, a governing body consisting of the following members, namely:-
   • (a) the manager of the private college;
   • (b) the principal of the private college;
   • (c) a person nominated by the University in accordance with the provisions in that behalf contained in the Statutes;
   • (d) a person nominated by the Government
   • (e) two persons elected in accordance with such procedure as may be prescribed by the Statutes, by the permanent teachers of the private college from among themselves;
   • (f) the chairman of the College Union;
   • (g) a person elected in accordance with such procedure as may be prescribed by the Statutes, by the permanent members of the non-teaching staff of the private college from among themselves; and
   • (h) not more than six persons nominated by the unitary management.
2. (2) The manager of a private college under unitary management shall be the Chairman and the Principal shall be the Secretary of the Governing body for that private college.
3. (3) It shall be the duty of the Governing body to advise the unitary management in all matters relating to administration of the private college in accordance with the provisions of this Act and Ordinances, Statues Regulations, rules, bye-laws and orders made thereunder.
4. (4) The decisions of the Governing body shall be taken at meetings on the basis of simple majority of the members present and voting.

Managing council for private colleges under corporate management .-

1. (1) A corporate management shall constitute a managing council for all the private colleges under its management, consisting of the following members, namely:-
   • (a) the manager of the private colleges
   • (b) one principal, by rotation, in such manner as may be prescribed by the Statutes;
   • (c) a person nominated by the University in accordance with the provisions in that behalf contained in the Statutes;
   • (d) a person nominated by the Government;
   • (e) five persons elected in accordance with such procedure as may be prescribed by the statutes, by the permanent teachers of all the private colleges, from among themselves;
   • (f) a person elected by the Chairmen of the College Unions of all private colleges, from among themselves;
   • (g) one person elected in accordance with such procedure as may be prescribed by the Statutes, by the permanent members of the non-teaching staff of all the private colleges from among themselves; and
   • (h) not more than fifteen persons nominated by the corporate management.
2. (2) The manager of the private colleges shall be the Chairman of the managing council.
3. (3) It shall be the duty of the managing council to advise the corporate management in all matters relating to the administration of the private colleges in accordance with the provisions of this Act and the Statutes, Ordinances, Regulations, rules, bye-laws and orders made thereunder.
4. (4) The decisions of the managing council shall be taken at meetings on the basis of simple majority of the members present and voting.

Manager.-

1. (1) A unitary management or corporate management shall appoint a manager for the private college or for all the private colleges, as the case may be, under its management within the University area.
2. (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. (3) It shall be the duty of the manger to give effect to the decisions of the unitary management or the corporate management, as the case may be.
4. (4) The manager shall exercise such powers and discharge such duties as may be delegated to him by the unitary management or the corporate management, as the case may be.
5. (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 manager, within such time as may be specified by the Director of Collegiate Education in that behalf.
6. (6) Suits by or against a private college shall be instituted by or against the manager thereof.
7. (7) If the manager of a private college is guilty of mismanagement, malpractice, corruption, maladministration, gross negligence of duty or disobedience of instruction issued by the Government or the University or is convicted for an offence involving moral turpitude, the Vice-Chancellor may, after giving the manager a reasonable opportunity to show cause against the action propose to be taken against him and after due enquiry, declare him unfit to hold the office of manager and require the unitary management or the corporate management, as the case may be, to appoint a suitable person as manager.
8. (8) Failure on the part of the manager to furnish accounts to the director of Collegiate Education as required by sub-section
9. (5) within the specified date or within such further time as may be allowed by the Director of Collegiate Education shall be sufficient cause for taking steps for the withdrawal of the grant to the private college or private colleges, as the case may be.
10. (9) Failure on the part of the manager of the unitary management or the corporate management, as the case may be, to obey the instructions issued by the University or the Government in regard to matters relating to the administration of the private college or the continuance in office of person declared unfit under sub-section
11. (7) shall be deemed to be sufficient cause for the withdrawal of the aid, grant or affiliation of the private college or private colleges, as the case may be, by the University or the Government, as the case may be.

Acts or proceedings of governing body or managing council not to be invalidated.- No act or proceeding of a governing body or managing council shall be invalidated merely by reason of -

1. (a) any vacancy in, or any defect in the constitution of, the governing body or managing council; or
2. (b) any defect in the appointment of a person acting as a member of the governing body or managing council; or
3. (c) any irregularity in the procedure of the governing body or managing council not affecting the merits of the case.

Affiliation of colleges.-

1. (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. (2) The terms and conditions of affiliation of a college or of affiliation in new courses in an affiliated college and the procedure to be followed by the Syndicate in granting such affiliation, including the period within which the Syndicate shall consider an application under sub-section (1), shall be prescribed by the Statutes: Provided that the Chancellor may, by notification in the Gazette, for reasons to be specified in the notification, extended the period within which the Syndicate shall consider any application under sub-section (1), whether such period has already expired or not by such further period, not exceeding one year, as may be specified in the notification.
3. (3) Without prejudice to the generality of the provisions of sub-section (2), the Statutes may provide for the pattern of staff of private colleges, scales of pay and terms and conditions of service of members of such staff and admission and selection of students in private colleges from courses and examinations.

Appointment of teachers in private colleges.-

1. (1) Appointments to the posts eligible to received salary from the Government shall be made only against posts sanctioned by the Government or by such officers as may be authorised by the Government. (1A) Appointment to the lowest grade of teacher in each department of a private college shall be made by the educational agency by direct recruitment on the basis of merit.
2. (2) Appointments of principals of private colleges shall be made by the educational agency by promotion from among the teachers of the college or of all the colleges, as the case may be, or by direct recruitment.
3. (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. (4) Appointments to the posts, other than those referred to in sub-section (1A) and (2), shall be made by the educational agency by promotion from among the teachers of the private college or of all the private colleges as the case may be, on the basis of seniority-cum-fitness, or if none among them is fit for promotion, by direct recruitment.
5. (5) For making appointment under this section by direct recruitment, the post shall be advertised in such manner as may be prescribed by the Statutes.
6. (6) The educational agency shall not abolish a course of study in a private college without the prior approval of the University.
7. (7) Every appointment under this section shall be made by a written order of the manager in such form as may be prescribed by the Statutes communicated to the person to be appointed, with copy to the University.
8. (8) No appointment under this section shall be valid unless approved by the University.
9. (9) Any person aggrieved by any appointment under this section may appeal to the Appellate Tribunal.

Qualifications of teachers of private colleges .-

1. (1) Teachers of private colleges shall possess such qualifications as may be prescribed by the Regulations.
2. (2) Notwithstanding anything contained in any law or in any judgment, decree or order of any court or other authority, any decision or order exempting any teacher of a private college from possessing the prescribed qualifications or approving the appointment of any teacher of a private college who did not possess the prescribed qualifications or allowing any teacher of a private college who did not possess the prescribed qualifications to continue in service, made or deemed to have been made before the commencement of this Act shall be deemed to have been made by the authority competent to make such decision or order under this Act as if this Act had been in force at the time when such decision or order was made, and accordingly all such decisions and orders shall be, and shall be deemed always to have been, valid and in accordance with law.

Probation.-

1. (1) Teachers of private colleges shall be on probation for a period of one year within a period of two years: Provided that, in exceptional cases, for reasons to be recorded, the period of probation may be extended by a period not exceeding one year, subject to the prior approval of the Syndicate. Explanation.- Probation undergone by a teacher before the commencement of this Act shall be deemed to be probation for the purposes of this sub-section, provided such probation is within a period of two years immediately before such commencement.
2. (2) Notwithstanding anything contained in any contract or other document, any teacher of a private college working in a substantive vacancy at or after the commencement of this Act shall be deemed to be on probation for the purposes of sub-section (1)
3. (3) The educational agency may, at any time before the prescribed period of probation, terminate the probation of the probationer for want of vacancy and discharge him from service if he was appointed by direct recruitment or revert him to his original appointment if the appointment to the new post was by transfer or by promotion.
4. (4) Any probationer discharged or reverted under sub-section
5. (3) shall be given preference in the matter of future appointment to the same post.
6. (5) On satisfactory completion of probation, the educational agency shall confirm the teacher in the post and, if the vacancy is not a substantive vacancy, the teacher shall be allowed to continue in the post for the duration of the vacancy.
7. (6) If, on the expiry of the prescribed period of probation, the educational agency decides that the teacher is not suitable for continuance in the post to which he was appointed it shall discharge him from service or revert him to his original appointment, as the case may be, after giving him a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.
8. (7) Where the post held by the probationer is substantively vacant and before the expiry of one month from the prescribed period of probation he is not confirmed under sub-section
9. (5) or is not discharged or reverted under sub-section (6), he shall be deemed to have been confirmed in that post.
10. (8) A probationer who is discharged or reverted under sub-section
11. (6) or who is discharged or reverted before the prescribed period of probation otherwise than on the ground of want of vacancy shall be entitled to appeal against the order of discharge or reversion to the Appellate Tribunal, and the provision of section 66 shall mutatis mutandis apply to such appeals.

Conditions of service of teachers of private colleges .-

1. (1) Notwithstanding anything contained in any law or in any contract or other documents, the conditions of service of teachers of private colleges, whether appointed before or after the commencement of this Act, including conditions relating to pay, pension, provident fund, gratuity, insurance and age of retirement, shall be such as may be prescribed by the Statutes.
2. (2) Notwithstanding anything contained in this Act or the statutes, Ordinances and Regulations made thereunder,-
   • (a) a person appointed as teacher in a private college in a temporary vacancy and continuing as such shall be appointed as teacher in any permanent vacancy or any temporary vacancy of longer duration that may arise, after such appointment in the temporary vacancy, in the private college or, as the case may be, any of the private colleges under the management of the educational agency within the University area;
   • (b) a teacher relieved from a private college on or after the 14th day of March, 1974, due to the abolition of a course of study in that private college or the cessation of the period for which he was appointed or for any other reason, except disciplinary action against him, shall be given preference in the matter of future appointments 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;
   • (c) any dispute arising or pending between the management of a private college and the teacher of that college in respect of any matter coming under clause
   • (a) or clause(b) shall be decided in accordance with the provisions of this Act and the Statutes made thereunder. Explanation.- Where the number of claimants under clause
   • (a) or clause
   • (b) is more than the number of vacancies, the order of preference for appointment shall be in accordance with the date of first appointment of the claimants under the educational agency within the University area.

Disciplinary powers of educational agency over teachers of private colleges .-

1. (1) The educational agency may at any time place a teacher of a private college under suspension when any disciplinary proceeding is proposed to be taken against him or when such disciplinary proceedings are pending.
2. (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. (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. (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 allowed by the Vice-Chancellor.
5. (5) No disciplinary action shall be taken against a teacher without giving him a reasonable opportunity of showing cause against the action proposed to be taken against him.
6. (6) Any teacher aggrieved by an order imposing on him any of the following penalties, namely:-
   • (a) withholding of increment,
   • (b) recovery from pay of any pecuniary loss caused to the institution of the monetary value equivalent to the amount of increment ordered to be withheld;
   • (c) reduction to a lower rank in seniority list or to a lower grade or post;
   • (d) removal from service;
   • (e) compulsory retirement from service; or
   • (f) dismissal from service, may, within sixty days from the date on which a copy of such order is served on him, appeal to the Appellate Tribunal on any one or more of the following grounds, namely:-
     • (i) that there is want of good faith in passing the order,
     • (ii) that the order is intended to victimize the appellant;
     • (iii) that, in passing the order, the educational agency has been guilty of a basic error or violation of the principles of natural justice; or
     • (iv) that the order is not based on any material or is perverse; Provided that the Appellate Tribunal may admit an appeal presented after the expiration of the said period of sixty days if it is satisfied that the appellant had sufficient cause for not presenting the appeal within the said period.
7. (7) On receipt of an appeal under sub-section (6), the Appellate Tribunal may, after giving the parties an opportunity of being heard, and after such further inquiry as may be necessary, pass such order thereon as it may deem fit, including an order of reinstatement of the teacher concerned.
8. (8) Any order passed by the Appellate Tribunal under sub-section (7), may be executed through the Subordinate Judge's Court having jurisdiction over the area in which the private college is situated, as if it were a decree passed by that Court.
9. (9) Any person who objects to an order passed by the Appellate Tribunal under sub-section
10. (7) may, within sixty days from the date on which a copy of such order is served on him, prefer a petition accompanied by court fee stamps of the value of ten rupees, to the High Court on the ground that the Appellate Tribunal has either decided erroneously or failed to decide any question of law.
11. (10) The provisions of section 5 of the Limitation Act, 1963 (Central Act 36 of 1963), shall be applicable to any proceedings under sub-section (9).
12. (11) The High Court shall, after giving the parties an opportunity of being heard, pass such order on the petition, as it deems fit.
13. (12) Where the High Court passes any order under sub-section (11), the Appellate Tribunal shall amend the order passed by it in conformity with the order of the High Court.

Disciplinary powers of Government over teachers of private colleges.-

1. (1) Notwithstanding anything contained in this Act, or in the Statutes, Ordinances and Regulations and subject to such rules as may be made by the Government in this behalf, the Government or such officer of the Government, not below the rank of Director of Collegiate Education, as may be authorised by the Government in this behalf, (hereinafter referred to as the authorised officer), shall have power to take disciplinary proceedings against a teacher of a private college and to impose upon him all or any of the penalties specified by or under this Act: Provided that, before exercising the powers under this sub-section, the Government or the authorised officer, as the case may be, shall intimate the manager regarding the circumstances requiring disciplinary action against the teacher concerned and give the manager a reasonable opportunity of taking disciplinary action and the Government or the authorised officer, as the case may be, shall take disciplinary action against the teacher only if the manager fails to take appropriate disciplinary action.
2. (2) The Government or the authorised officer, as the case may be, may suspend a teacher of a private college when any disciplinary proceedings are proposed to be taken against him under this section or when such disciplinary proceedings are pending.

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

Membership of local authorities etc .-

1. (1) A teacher of a private college shall not be disqualified for continuing as such teacher merely on the ground that he has been elected or nominated as a member of a local authority or of the Legislative Assembly of the State or of Parliament. Explanation .-For the purposes of this section, “local authority” means a municipality constituted under the Kerala Municipalities Act, 1994 (20 of 1994) or a Panchayat constituted under the Kerala Panchayat Raj act, 1994 (13 of 1994).
2. (2) A teacher elected or nominated as a member of the Legislative Assembly of the State or of Parliament shall be entitled to treat the period of his membership of the Legislative Assembly or of Parliament as on leave without salary and allowances.
3. (3) A teacher referred to in sub-section
4. (2) shall also be entitled to count the period of his membership of the Legislative Assembly or of Parliament for the purposes of pension, seniority and increments.

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

1. (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.

Transfer of teachers to other Universities .-(1) Where an educational agency has colleges under the jurisdiction of the Kannur University and also under the jurisdiction of the Calicut University, the educational agency shall, within three months of the commencement of this Act or within such further period, not exceeding three months, as may be granted by the Government for sufficient reason, prepare a seniority list of the teachers of all such colleges.

1. (2) After the preparation of the list under sub-section (1), the educational agency shall give a right of option to the teachers as to the University under the jurisdiction of which they opt to remain, and the teacher shall be allotted to such University area in accordance with such option: Provided that where the number of teachers who have opted to work under the jurisdiction of the Kannur University or the Calicut University is more than the number required, allotment shall be made on the basis of seniority.
2. (3) Any teacher aggrieved by any entry in the list prepared under sub-section
3. (1) or by the allotment under sub-section
4. (2) may appeal to the Government within sixty days from the date of communication of the list or order of allotment to him and the decision of the Government thereon shall be final.
5. (4) Where a teacher is allotted to a University under this section, he shall not be transferred to a college affiliated to any other University.
6. (5) Nothing contained in this section shall apply in respect of principals of private colleges.

Constitution of appellate Tribunal .-(1) The Government shall constitute an Appellate Tribunal for the purposes of this Act.

1. (2) The Appellate Tribunal shall be a judicial officer not below the rank of District Judge nominated by the Chancellor, in consultation with the High Court.
2. (3) The term of office of the appellate Tribunal shall be three years from the date of its nomination.
3. (4) The Appellate Tribunal shall have power to make regulations, consistent with the provisions of this Act, with the previous sanction of the Government, for regulating its procedure and disposal of its business.
4. (5) The regulations so made shall be published in the Gazette.
5. (6) The remuneration and other conditions of service of the Appellate Tribunal shall be such as may be prescribed by rules made by the Government.

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

Colleges not complying with provisions of this Act etc .-

1. (1) If the Syndicate is satisfied that any private college has not complied with any provision contained in this Act or in the Statutes, Ordinances, Regulations, bye-laws, orders or rules, it may recommend to the Government for withholding or discontinuing aid or grant to that private college or it may disaffiliate that college from the University: Provided that, before disaffiliating a college, the educational agency and the governing body or managing council, as the case may be, shall be given an opportunity of being heard.
2. (2) If on a recommendation under sub-section (1), the Government are satisfied that any private college has not complied with any of the provisions of this Act or of the Statutes, Ordinances, Regulations, bye-laws, orders or rules, they may, by order. Direct that the college shall not be given any aid or grant from the Government: Provided that, before making any such order, the educational agency and the governing body or managing council, as the case may be, shall be given an opportunity of being heard.