Chapter VIII PRIVATE COLLEGES AND AFFILIATION OF COLLEGES

Definitions.—In this ‘Chapter--

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

[119][(dd) two persons nominated from permanent teachers by the University by rotation, of whom, one shall be from those having ten years of service or more and the other shall be from those having less than ten years of service;]

[120][xxxxxxxxx]

1. (h) not more than six persons nominated by the unitary management.

1. (2) . The manager of the private college shall be the Chairman [121] [and the Principal shall be the Secretary] of the governing body.
2. (3) . It shall be the duty of the governing body to advise the university management in all matters relating to the administration of the private college, in accordance with the provisions of this Act and the Statutes, Ordinances, Regulations, rules, bye-laws and orders made thereunder.

Managing council for private colleges under corporate management

Managing council for private colleges under corporate management.-(1) A corporate management shall constitute a managing council for all the private colleges under its management consisting of the following members, namely:-

1. (a) . the manager of the private colleges;
2. (b) . one principal by rotation in such manner as may be prescribed by the Statutes;
3. (c) . a person nominated by the University in accordance with provisions in that behalf contained in the Statutes;
4. (d) . a person nominated by the Government;

[122][(dd) two persons nominated from permanent teachers by the University, by rotation, of whom one shall be from those having ten years of service or more and the other shall be from those having less than ten years service;]

[123][xxxxxxxx]

1. (h) not more than fifteen persons nominated by the corporate management.

1. (2) the manager of the private colleges shall be chairman of the managing council.
2. (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.
3. (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.—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.

1. (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.
2. (3) . It shall be the duty of the manager to give effect to the decisions of the unitary management or the corporate management, as the case may be.
3. (4) . The manager shall exercise such powers and discharge such duties as may delegated to him by the unitary management or the corporate management, as the case may be.
4. (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.
5. (6) . Suits by or against a private college shall be instituted by or against the manager thereof.
6. (7) . If the manager of a private college is guilty of mismanagement, malpractice, corruption or maladministration, gross negligence of duty or disobedience of instructions 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 proposed 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.
7. (8) . Failure on the part of the manager to furnish accounts to the Director of Collegiate Education as required by sub-section
8. (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.
9. (9) Failure on the part of the manager or the management 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 the person declared unfit under sub-section
10. (7) shall be deemed to be sufficient cause for the withdrawal of the aid, grant or affiliation of the private college 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 not opposed to the fundamental principles of law; 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) 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.

1. (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
2. (1) shall be prescribed by the Statutes: Provided that the Chancellor may, by notification in the Gazette, for reasons to be specified in the notification, extend the period within which the Syndicate shall consider any application under sub-section (1), whether such period has already expired or not, by such further period, not exceeding one year, as may be specified in such notification. [124][

Provided further that where an application for affiliation in a new course in an affiliated college could not be considered by the Syndicate within the time prescribed by the Statutes on the ground that the application was not sent by the Educational Agency in time and that the period could not also be extended under the preceding proviso; the Chancellor may, in public interest, by notification in the Gazette, direct that the Syndicate shall consider the application within such period as may be specified in the notification not exceeding one year from the date of commencement of the University Laws (Amendment) Act, 1989.]

1. (3) . Without prejudice to the generality of the provisions of sub-section (2), such Statutes may provide for the pattern of staff; scales of pay and terms and conditions of service of members of the staff and admission and selection of students for courses and examinations.

[125][ Appointment of teachers in private Colleges.— [126] [ “(1) Appointments to the posts eligible to receive salary from the Government shall be made only against posts sanctioned by the Government or by such officers as may be authorized by the Government.”] [127][“(1 A) Appointments to the lowest grade of teacher in each department of a private college shall be made by the educational agency by direct recruitment on the basis of merit.] (2) Appointments of principals shall be made by the educational agency by promotion from among the teachers of the college or of all the colleges, as the case may be, or by direct recruitment. (3) . Where the appointment of principal is made by promotion, the educational agency shall make the appointment on the basis of seniority cum-fitness. (4) . Appointments to the posts, other than those referred to in [128][sub-sections (1 A)] and (2), 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, on the basis of seniority-cum-fitness, or if none among them is fit for promotion, by direct recruitment. (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) . The educational agency shall not abolish a course of study in a private college without the prior approval of the University. (7) . Every appointment under this section shall be made by a written order of the Manager in such form as may be prescribed by Statutes communicated to the person to be appointed, with copy to the University. (8) . Every appointment under this section shall be reported to the University for approval. (9) .

Qualifications of teachers Qualifications of teachers.

1. (1) Teachers of colleges shall posses such qualifications as may be prescribed by the Regulations.
2. (2) . Notwithstanding anything contained in any law or in any judgement, decree or order of any court or other authority, any decision or order exempting any teacher from possessing the prescribed qualifications or approving the appointment of any teacher who did not possess the prescribed qualifications or allowing any teacher who did not possess the prescribed qualifications to continue in service, made by any authority or officer of the University of Kerala under the Kerala University Act, 1974 (17 of 1974), before the commencement of this Act shall be deemed to have been made by the authority competent to make such decision or order under this Act as if this Act had been in force at the time when such decision or orders was made, and accordingly all such decisions and orders shall be, and shall be deemed always to have been valid and in 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, 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 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 this original appointment if the appointment to the new post was by transfer or promotion.
4. (4) . Any probationer discharged or reverted under sub-section
5. (3) shall be given preference in the matter of future appointments 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 in which he is 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 provisions of section 63 shall, mutantis mutandis apply to such appeals.

Conditions of service of teachers of Private Colleges.

[129][(1)] Notwithstanding anything contained in any law or in any contract or other document, the conditions of service of teachers of private colleges, whether appointed before or after the commencement of this Act including conditions relating to pay, pension, provident fund, gratuity, insurance and age of retirement, shall be such as may be prescribed by the Statutes.]

[130][(2) Notwithstanding anything contained in this Act, the Statutes, Ordinances and Regulations made thereunder,--]

[131][(a) a person appointed as teacher in a private college in a temporary vacancy on or after the 14th day of March, 1974 and continuing as such, shall be appointed as teacher in any permanent vacancy or any temporary vacancy of longer duration that may arise, after such appointment in the temporary vacancy, in the private college or, as the case may be, any of the private colleges under the management of the educational agency within the University area;]

1. (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]. [132] [(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
2. (a) of (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
3. (a) or clause
4. (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 proceedings 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 fourty-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 or the monetary value equivalent to the amount of increment order to be withheld;
   • (c) . reduction to a lower rank in the seniority list or to a lower grade or post; and

[133][(cc) removal from service;]

[134][ccc) compulsory retirement from service.]

1. (d) . 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:-
2. (j) . 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 or a basic error or violation of the principles of natural justice;
   • (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 that period.

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. Any order passed by the Appellate Tribunal under sub section

1. (7) may be executed through the Subordinate Judges Court having jurisdiction over the area in which the private college is situate as if it were a decree passed by that court. 9. Any person who objects to an order passed by the Appellate Tribunal under sub-section
2. (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. 10. The provision of section 5 of the Limitation Act, 1963 (Central Act 36 of 1973), shall be applicable to any proceedings under sub-section (9). 11. The High Court shall, after giving the parties an opportunity of being heard, pass such orders on the petition, as it deems fit. 12.

Disciplinary powers of Government over teachers of Private Colleges Disciplinary powers of Government over teachers of Private Colleges.

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

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 [135][Mahatma Gandhi University] and also under the jurisdiction of the Kerala University or the Calicut University, the educational agency shall within three months of the commencement of this Act or within such further period, not exceeding three months, as may be granted by the Government for sufficient reason, prepare a seniority list of the teachers of all such colleges.

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 he opts to remain and the teachers shall be allotted to each University area in accordance with such option: Provided that where, the number of teachers who have opted to work under the jurisdiction of the [Mahatma Gandhi University] or the Kerala University or the Calicut University is more than the number 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 area under this section he shall not be transferred to a college affiliated to any other University.

Constitution of Appellate Tribunal Constitution of Appellate Tribunal.-

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

Bar of jurisdiction of civil courts 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.

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 affiliated to the University shall, within a period of six months form such commencement, comply with the provisions of this Chapter.

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 or it may disaffiliate the college from the University: Provided that before disaffiliating a college, the educational agency and the governing body or managing council, as the case may be, shall be given an opportunity of being heard.
2. (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:

Code of Conduct for teachers of affiliated Colleges

Code of Conduct for teachers of affiliated Colleges.—(1) The Government shall, in consultation with the University and the representative of the teachers, frame a Code of Conduct to be observed by the teachers of Government and private colleges.

Special provisions in respect of un-aided colleges

[136][“73A. Special provisions in respect of un-aided colleges.-Notwithstanding anything contained in this Act or the Statues, Ordinances, Regulations, rules, bye-laws or orders,--

1. (a) . the scales of pay and other conditions of service of the teaching and non-teaching staff of un-aided colleges; and
2. (b) . the admission and selection of, and the fees payable by, students in such colleges, shall be determined, from time to time, by the Government on the basis of the recommendations of a Committee constituted by the Government consisting of—
   • (i) one of the Vice-Chancellors of the Universities in the State, nominated by Government;
   • (ii) . the Secretary to Government, Higher Education Department (who shall be the convenor of the Committee); and
   • (iii) the Director of Collegiate Education”.]

[137] [Inspection.-(1) The University may, at regular intervals as it deems necessary, and shall once in every five years, cause an inspection to be made by such person or machinery, as may be prescribed by the Statutes, of the University, its buildings, laboratories, libraries, museums, workshops and equipments and of other institutions maintained, recognized or approved by, or affiliated to, the University, and also of the work conducted by the University and also cause an enquiry to be made in respect of any matter connected with the University.

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.

Appointment of Commission to inquire into the working of University

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

1. (2) . The Commission constituted under sub-section
2. (1) shall inquire into and report on—
   • (i) the working of the University during the period to which the inquiry relates;
   • (ii) the final position of the University including the financial position of its colleges and departments;
   • (iii) . any change to be made in the provisions of this Act or the Statutes, Ordinances, Rules and Bye-laws made thereunder with a view to bringing about improvements in the affairs of the University; and
   • (iv) . such other matters as may be referred to it by the Government, and make such recommendations to the Government as it thinks fit.
3. (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 [138][Syndicate] for consideration and report.
4. (4) . Immediately after the [139] [Syndicate] 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.

Power of Government to make rules Power of Government to make rules.—(1) The Government may, by notification in the Gazette, make rules not inconsistent with the provisions of this Act for the purpose of exercising the powers and discharging the duties conferred or imposed on the Government by this Act.

1. (2) . Every rule made under this section shall be laid as soon as may be after it is made, before the Legislative assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Reservation of appointments.-In making appointments by direct recruitment to posts in any class or category under the University or to posts of non-teaching staff in the University, the University shall mutates mutandis observe the provisions of clauses (a),

1. (b) and
2. (c) of rule 14 and rules 15, 16, 17 and 17A of the Kerala State and Subordinate Service Rules, 1958, as amended from time to time.

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 by referred to the appellate Tribunal for decision, and thereupon, the provisions of sub-sections (7), (8), (9), (10),
4. (11) and
5. (12) of section 63 and the regulations made by the Tribunal under section 69 shall mutates mutandis apply to the decision of such dispute.

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

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

Proceeding of the 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.

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, 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 be final; and no suit shall be instituted against, or damage claimed from, the University or its authorities, bodies or officers for anything done or purporting to be done in pursuance of this Act and the Statutes, Ordinances, Regulations, rules, bye-laws and orders made thereunder.

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.

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 of other employee of the University to do any work in connection with an examination conducted by the University which he is required by the competent officer or authority of the University to do.

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,-
   • (a) . in the case of a teacher or a member of the non-teaching staff of an affiliated college, an officer not below the rank of Deputy Director of Collegiate Education authorized by the Government in this behalf; and
   • (b) . in the case of an officer, teacher or other employee of the University, the Vice-Chancellor. to do any work in connection with an examination conducted by the University when required to do so 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 a period of two months commencing on the date of commencement of the examination. 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. 3. An order of forfeiture under sub-section
2. (2) shall be made,--
   • (a) . in the case of a teacher or a member of the non-teaching staff of an affiliated college, by the officer authorized under clause
   • (a) of said sub-section; and
   • (b) . in the case of an officer, teacher or other employee of the University, by the Vice-Chancellor. 4. No order of forfeiture shall be made under sub-section
3. (3) without giving the person who may be affected thereby an opportunity of being heard. 5. Any person aggrieved by an order referred to in sub-section
4. (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 an 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.—Any teacher of an affiliated college or a teacher of the University who--

1. (a) . connives with, or assists, any candidate at an examination conducted by the University to do any malpractice at such examination; or
2. (b) . delays the valuation and return of answer books of candidates at any such examination which have been given to him for valuation; shall without prejudice to any other action that may be taken against him be liable for disciplinary action.

[143][xxxxxxxxxx]

Appointment of first Vice-Chancellor.—Notwithstanding anything to the contrary contained in section 10, the Chancellor shall appoint such person as he thinks fit to be the first Vice-Chancellor of the University for a period not exceeding three years.

Appointment of Registrar, Controller of Examinations and Finance Officer during initial period of two years.—Notwithstanding anything contained in section 12, 13 and 14, for a period of two years from the commencement of this Act, the Registrar, the Controller of Examinations and the Finance Officer shall be appointed by the Chancellor for the said period, on a salary to be fixed by him and on such other conditions as he thinks fit:

Appointment of the first University Staff Appointment of the first University Staff.—Notwithstanding anything contained in this Act, the Chancellor shall have power to appoint such officers and servants of the University as may be necessary for ensuring the working of the University.

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 [144][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. (1) All colleges and other educational institutions within the areas to which the jurisdiction of the University extends, which immediately before the commencement of this Act where recognized by, or were affiliated to the University of Kerala as institutions providing courses of study for admission to examinations of that University for degrees, diplomas and other academic distinctions shall be deemed to be institutions recognized by, or affiliated to, the [Mahatma Gandhi University] under this Act and the provisions of this Act shall apply accordingly.
2. (2) . Any student of any college within the area referred to in sub-section
3. (1) and affiliated to the University of Kerala immediately before the commencement of this Act shall be permitted to complete his course under the University of Kerala, and the [145][Mahatma Gandhi University] shall provide for the instruction of such students in accordance with the course of study in the University of Kerala and shall comply with such directions as may be given to it by the University of Kerala in respect of those students.

Transfer of service of certain employees from the University of Kerala to the [146][Mahatma Gandhi University] .-

1. (1) Any person in the employment of the University of Kerala may subject to such conditions and restrictions as may be specified by the Government in this behalf, opt to serve in connection with the affairs of the [147][Mahatma Gandhi University] .
2. (2) As soon as may be after the date of the commencement of this Act, the Government may, after consulting the Vice-Chancellors of the University of Kerala and the [148][Mahatma Gandhi University] direct, by general or special order, that such of the employees of the University of Kerala as are specified in such order shall stand allotted to serve in connection with the affairs of the [149][Mahatma Gandhi University] with effect from such date as may be specified in such order.
3. (3) . In making an order under sub-section (2), the persons who have opted under sub-section
4. (1) to serve in connection with the affairs of the [150] [Mahatma Gandhi University] shall be given preference.
5. (4) . With effect from the date specified in an order under sub section
6. (2) the persons specified in such order and allotted to serve in connection with [151][Mahatma Gandhi University] shall become employees of the [152][Mahatma Gandhi University] and shall cease to be employees of the University of Kerala.
7. (5) . Every person who becomes an employee of the [Mahatma Gandhi University] under sub-section
8. (4) shall, hold office under that University by the same tenure, at the same remuneration and upon the same terms and conditions 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.

[ILLEGIBLE] [153][96A xxxxxxxxxxx]

Transfer of accumulation in provident fund and other like funds.-

1. (1) The sums to the credit of the provident fund accounts of the persons referred to in sub-section
2. (2) of section 96 as on the date specified in the order under that sub-section shall be transferred to the Gandhiji University, and the liability in respect of the said provident fund accounts shall be the liability of the Gandhiji University.
3. (2) There shall be paid to the [Mahatma Gandhi University] out of the accumulation in the superannuation fund and other like funds, if any, of the University of Kerala such amounts as have been credited to the superannuation fund and other like funds, if any, on behalf of the persons referred to in sub-section
4. (2) of section 96. The amounts paid under sub-section
5. (2) shall form part of the superannuation fund or other like funds, if any, that may be established by the [154][Mahatma Gandhi University] for the benefit of its employees.

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

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

Act 17 of 1974 not to apply.—

1. (1) Subject to the provisions of this section, the Kerala University Act, 1974 (17 of 1974), shall, with effect from the date of the commencement of this Act cease to apply in respect of the areas to which the jurisdiction of the Mahatma Gandhi University extends.
2. (2) Notwithstanding anything contained in sub-section (1), all Statutes and Ordinances made under the Kerala University Act 1974 (17 of 1974) and in force on the date of the commencement of this Act shall, in so far as they are not inconsistent with the provisions of this Act continue to be in force in respect of the areas referred to in sub-section
3. (1) until they are replaced by the Statutes and Ordinances to be made under this Act.
4. (3) All property, whether movable or immovable, including lands, buildings, equipments, books and library and all rights of whatever kind owned by or vested in or held in trust immediately before the date of the commencement of this Act by the University of Kerala at the University Study Centres at Palai, Kottayam and Changanacherry as well as all liabilities legally subsisting against the University of Kerala at these centers shall stand transferred to and vest in the Mahatma Gandhi 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 Ordinances.—

1. (1) Notwithstanding anything contained in this Act, the first Statutes and the first Ordinances of the University shall be made by Government in consultation with the University Grants Commission, within a period of one year from the date of commencement of the Mahatma Gandhi University (Amendment) Act, 1988.
2. (2) Every first Statute and every first Ordinance made under this section shall be laid as soon as it is made before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the first Statute or the first Ordinance, as the case may be or decides that the first Statute or as the case may be; the first Ordinance should not be made, the First Statute or the first Ordinance as the case may be shall there upon have effect only in such modified form or be of no effect, as the case may be; so however that no such modification or annulment shall be without prejudice to the validity of anything previously done under the first Statute or the first Ordinance.

Removal of difficulties.—

1. (1) If any difficulty arises as to the first constitution or reconstitution of any authority of the University or otherwise in giving effect to the provisions of this Act the Government may by order do anything not inconsistent with the provisions of this Act which appears to them necessary for the purpose of removing the difficulty.
2. (2) Every order issued under sub-section
3. (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 no such modification or annulment shall be without prejudice to the validity of anything previously done under that order.

Repeal and saving.—

1. (1) The Gandhiji University Ordinance, 1984 (92 of 1984), is hereby repealed
2. (2) Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed to have been taken under the said Ordinance shall be deemed to have been done or taken under this Act.