Chapter IX Chapter IX

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

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

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

1. (a) of the University; its buildings, laboratories, libraries, museums, workshop and equipments and of other institutions maintained recognised or approved by, or affiliated to, the University;
2. (b) of the work conducted by the University; and
3. (c) in respect of any other matter connected with the University.

1. (2) A report of the inspection made under sub-section
2. (1) shall be placed before the Syndicate for such action as may be necessary.
3. (3) The Syndicate shall report to the Government and the Chancellor the action, if any, which is proposed to be taken or has been taken upon the result of any inspection under sub-section (1).

Appointment of Commission to inquire into the working of University .-

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 a Chairman and such other members, not exceeding five, as the Government may appoint and such order shall define the procedure to be followed by the Commission.
2. (2) The Commission constituted under sub-section
3. (1) shall inquire into and report on-
   • (i) the working of the University during the period to which the inquiry relates,
   • (ii) the financial position of the University including the financial position of its colleges and departments;
   • (iii) any change to be made in the provisions of this Act or the Statutes, Ordinances, rules and bye-laws made thereunder with a view to bringing about improvement in the affairs of the University; and
   • (iv) such other matters as may be referred to it by the Government, and make such recommendations to the Government as it thinks fit.
4. (3) On receipt of the report and the recommendations of the Commission under sub-section (2), the Government shall forthwith refer such report and recommendations to the Senate for consideration and report.
5. (4) Immediately after the Senate has considered the report and recommendations of the Commission and submitted its report to the Government, the Government shall consider the report of the Senate and pass such orders thereon as they think fit and shall also cause the same to be published in the Gazette.
6. (5) The Senate shall be responsible for carrying into effect any orders passed by the Government under sub-section
7. (4) within six months from the date of receipt of such orders

Power of Government to make rules .-

1. (1) Government may, by notification in the Gazette, make rules not in consistent with the provisions of this Act for the purpose of exercising the powers and discharging the duties conferred or imposed on the Government by this Act.
2. (2) Every rule made under this section shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that, the rule should not be made, the rule shall thereafter have effect only in such modified form, or be of no effect, as the case may be; so, however, that any modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

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

1. (1) Any person in the employment of the University of Calicut may, subject to such conditions and restrictions as may be specified by the Government in this behalf, opt to serve in connection with the affairs of the Kannur University .
2. (2) As soon as may be after the date of commencement of this Act, the Government may, after consulting the Vice-Chancellors of the University of Calicut and the Kannur University, direct, by general or special order, that such of the employees of the University of Calicut who have opted under sub-section
3. (1) as are specified in such order shall stand allotted to serve in connection with the affairs of the Kannur University with effect from such date as may be specified in such order,.
4. (3) In making an order under sub-section
5. (2) the persons who have opted under sub-section
6. (1) to serve in connection with the affairs of the Kannur University shall be given preference.
7. (4) With effect from the date specified in an order under sub-section (2), the persons specified in such order and allotted to serve in connection with Kannur University shall become employees of the Kannur University and shall cease to be employees of the University of Calicut .
8. (5) Every person who becomes an employee of the Kannur University under sub-section
9. (4) shall hold office under that University by the same tenure, at the same remuneration and upon the same terms and condition and with the same rights and privileges as to pension, gratuity, if any, and other matters as he would have held the same on the date specified in the order under sub-section (2), as if this Act had not been passed.
   • • The liability to pay pension and gratuity to the employees referred to in sub-section
10. (2) shall be the liability of the Kannur University .

Transfer of accumulation in provident fund and other like funds. -(1) The sums to the credit of the provident fund accounts of the employees referred to in sub-section

1. (2) of section 79 as on the date specified in the order under that sub-section shall be transferred to the Kannur University, and the liability in respect of the said provident fund accounts shall be the liability of the Kannur University.
2. (2) There shall be paid to the Kannur University out of the accumulation in the superannuation fund and other like funds, if any, of the University of Calicut such amounts as have been credited to the superannuation fund and other like funds, if any, on behalf of the employees referred to in sub-section
3. (2) of section 79.
4. (3) The amounts paid under sub-section
5. (2) shall form part of superannuation fund or other like funds if any, that may be established by the Kannur University for the benefit of its employees.

Conditions of service .-(1) Save as otherwise provided by or under this Act every salaried officer and teacher of the University shall be appointed by a written order.

1. (2) The written order referred to in sub-section
2. (1) shall be lodged with the Registrar and a copy thereof shall be furnished to the officer or teacher concerned.
3. (3) Any dispute between any officer or teacher of the University and the University shall, on the request of the University or the officer or teacher concerned, be referred to the Appellate Tribunal for decision and thereupon the provisions of sub-section (7), (8), (9), (10),
4. (11) and
5. (12) of section 66 and the regulations made by the Tribunal under section 72 shall mutatis mutandis apply to the decision of such dispute.

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

Proceedings of the University and bodies not to be invalidated by vacancies .-No act or proceeding of the Senate, the syndicate, the Academic Council of other body constituted under this Act or the Statutes or the Ordinance shall be deemed to be invalid merely by reason of any vacancy in the body doing or passing it, at the time such act or proceeding is done or passed.

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

Decision of certain disputes by Chancellor .-If any question arises regarding the interpretation of any provision of this Act or of any Statuate, Ordinance, Regulation, rule, bye-law or order or as to whether a person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the University, the matter may be referred to the chancellor and shall be so referred to him if not less than twenty-five members of the Senate so require, and the Chancellor shall, after taking such advice as he deems necessary, decide the question, and such decision shall be final.

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

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

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

Institutions affiliated to University.-( 1) All colleges existing in the University area immediately before the commencement of this Act shall stand affiliated to the University at such commencement.

1. (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.

Duty of Teachers etc., in connection With University Examinations.-( 1) It shall be the duty of a teacher or a member of the non-teaching staff of an affiliated college or an officer, teacher or other employee of the University to do any work in connection with a examination conducted by the University which he is required by the competent authority or authority of the University to do.

1. (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-
   • • in the case of a teacher or a member of the non-teaching staff of an affiliated college, an officer not below the rank of Director of Collegiate Education authorised by the Government in this behalf; and
   • • in the case of an officer, teacher or other employee of the University, the Vice-Chancellor,to do any work in connection with an examination conducted by the University when required to do by the competent officer or authority of the University, he shall, without prejudice to any other action that may be taken against him, forfeit his pay and allowances for the days on which he refused to do the work. Explanation .-Failure to comply with the requisition of the competent officer or authority of the University shall be deemed to be refusal for the purposes of this sub-section.
2. (3) An order of forfeiture under sub-section
3. (2) shall be made,-
   • • in the case of a teacher or a member of the non-teaching staff of an affiliated college, by the officer authorised under clause
   • (a) of the said sub-section; and
     • • in the case of an officer, teacher or other employee of the University, by the Vice-Chancellor.
4. (4) No order of forfeiture shall be made under sub-section
5. (3) without giving the person who may be affected thereby an opportunity of being heard.
6. (5) Any person aggrieved by an order referred to in sub-section
7. (4) may, within sixty days from the date on which a copy of such order is served on him, appeal to the appellate Tribunal, and the appellate Tribunal may after giving the parties on opportunity of being heard and after such further inquiry as may be necessary, pass such order thereon as it deems fit.

Punishment for irregularities by teachers at examinations .-(1) Any teacher of an affiliated college or a teacher of the University who-

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

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

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

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

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

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

1. (2) Any student of any college within the areas referred to in sub-section
2. (1) and affiliated to the University of Calicut immediately before the commencement of this Act shall be permitted to complete his course under the University of Calicut, and the University constituted under this Act shall provide for the instruction of such students in accordance with the course of study in the University of Calicut and shall comply with such direction as may be given to it by the University of Calicut in respect of those students.

[96A]. Pre-degree course to continue to be affiliated to the Calicut University.- Notwithstanding anything contained in any other provisions of this Act or in the Calicut University Act. 1975 (5 of 1975), Pre-degree courses in the colleges within the areas referred to in sub-section

1. (1) of section 96 shall continue to be affiliated to the Calicut University and the University constituted under this Act shall provide for instruction of students of such courses in accordance with the course of study in the Calicut Univesity and comply with such directions as may be given to it by the Calicut University in respect of that course of study.]

[97. .-Notwithstanding anything contained in this Act or the Statues, Ordinances, Regulations Rules, Bye-laws or Orders,- Special provisions in respect of un-aided colleges

• • the scales of pay and other conditions of service of the teaching and non-teaching staff of un-aided colleges; and
• • 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-
• • one of the Vice-Chancellors of the Universities in the State nominated by the Government;
• • the Secretary to Government, Higher Education Department who shall be the Convener of the Committee; and
• • the Director of the Collegiate Education.]

Appointment of funds and assets of the University of Calicut.- A Committee consisting of the Vice Chancellor of the University of Calicut, the Vice Chancellor of the Kannur University and the Secretary to the Government of Kerala, Finance Department, shall examine the question of transfer of funds and assets other than those referred to in sub-section

1. (3) of section 99 from the University of Calicut to the Kannur University and shall recommend to the Government the action to be taken in the matter, and the decision of the Government on such recommendation shall be final.

Act 5 of 1975 not to apply.-

1. (1) Subject to the provisions of this section, the Calicut University Act, 1975 (5 of 1975), shall, with effect from the date of commencement of this Act, cease to apply in respect of the areas to which the jurisdiction of the Kannur University extends.
2. (2) Notwithstanding anything contained in sub-section (1), all statutes, Ordinances and Regulations made under the Calicut University Act, 1975 (5 of 1975) and in force on the date of commencement of this Act shall, in so far as they are not inconsistent with the provisions of this Act, continue to be in force in respect of the areas referred to in sub-section
3. (1) until they are replaced by the Statutes, Ordinances, and Regulations made under this Act.
4. (3) All property whether movable or immovable, including lands, buildings, equipment, books and library and all rights of whatever kind owned by or vested in or held in trust immediately before the date of commencement of this Act by the University of Calicut in the territorial jurisdiction of the Kannur University as well as all liabilities legally subsisting against the University of Calicut in respect of these properties shall stand transferred to and vest in the Kannur University.
5. (4) Nothing in this section shall be held to prejudice or affect the application of sections 4 and 23 of the Interpretation and General clauses Act, 1125 (VII of 1125).

First Statutes and first Ordinances .-(1) Notwithstanding anything contained in this Act, the first Statutes and the first Ordinances of the University shall be made by the Government: Provided that the powers under this sub-section shall not be exercised by the Government after the Senate constituted in accordance with the provisions of this Act comes into being.

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

Removal of difficulties .-(1) If any difficulty arises as to the first consistitution or reconstitution of any authority of the University or otherwise in giving effect to the provisions of this Act, the Government may, by order do anything not inconsistent with the provisions of this Act, which appears to them necessary for the purpose of removing the difficulty: Provided that no order under this sub-section shall be issued by the Government after the expiry of a period of two years from the commencement of this Act.

1. (2) Every order issued under sub-section
2. (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 modifications or annulment shall be without prejudice to the validity of anything previously done under that order.

Special provision regarding construction of references to “Malabar University” ; “Malabar University Ordinance” and “Malabar University Fund”.-( 1) References to the “Malabar” University”, the Malabar University Ordinance” or the “Malabar University Fund” in any Act or in any rule notification proceeding, order, regulation, bye-law or other instrument or document shall be construed as reference to the “Kannur University”, the “Kannur University Act” and the “Kannur University Fund”, respectively.

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

Repeal and saving.-

1. (1) The Malabar University Ordinance, 1996 (7 of 1996), is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.