Chapter IX Chapter IX

UN-AIDED COLLEGES

Miscellaneous

Special provisions in respect of un-aided colleges.- Notwithstanding anything contained in this Act, or the Statutes, 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 the Government;
   • (ii) the Secretary to Government, Higher Education Department (who shall be the convenor of the Committee); and
   • (iii) the Director of Collegiate Education.

Power of Government to cause inspection of University.-

1. (1) The Government shall have the right to cause an inspection to be made by such person or persons as they may direct, of the University, its buildings, laboratories, libraries, museums, workshops, and equipments and of any institutions maintained, recognized or approved by, or affiliated to, the University and also of the work conducted by the University, and to cause enquiry to be made in respect of any matter connected with the University.
2. (2) The Government shall, before taking any action under sub-section (1), give notice to the University of their intention to cause such inspection or inquiry to be made and the University shall be entitled to be represented thereat.
3. (3) The Government shall communicate to the Syndicate the result of any inspection or inquiry made under sub-section
4. (1) and may, after ascertaining the opinion of the Syndicate thereon, convey their views to the Senate and to the Syndicate.
5. (4) The Government may, after considering the views of the Senate and the Syndicate on the result of any inspection or inquiry under sub-section (1), advise the University upon the action to be taken in the matter.
6. (5) The Syndicate shall report to the Government the action, if any, which is proposed to be taken, or has been taken, upon the result of any inspection or inquiry under sub-section (1).
7. (6) A report under sub-section
8. (5) shall be submitted with the opinion of the Senate thereon and within such time as the Government may direct.
9. (7) Where the Senate or the Syndicate does not, within a reasonable time, take any action referred to in sub-section
10. (4) to the satisfaction of the Government, the Government may, after considering any explanation furnished, or representation made, by the Senate or the Syndicate in the matter, issue such directions as they may think fit, and the Senate and the Syndicate shall comply with such directions.

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 there under 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.
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 the 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.-(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 agrees in making any modification in the rule or the Legislative Assembly agrees 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.

Conditions of service.-

1. (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.
2. (2) The written order referred to in sub-section
3. (1) shall be lodged with the Registrar and a copy thereof shall be furnished to the officer or teacher concerned.
4. (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 section 65 and the regulations made by the Tribunal under the said section shall mutatis mutandis apply to the decision of such disputes.

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.

Proceedings 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 meeting.

Dispute as to the 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 four 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 purporting to be done in pursuance of this Act and the Statutes, Ordinances, Regulations, rules, bye-laws or orders made there under.

Institutions affiliated to University.- 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. (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 an examination conducted by the University which is required by the competent officer or authority of the University to do.
2. (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 authorised 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 purpose of this sub-section.
3. (3) An order of forfeiture under sub-section
4. (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 authorised under clause
   • (a) of the said sub-section; and
   • (b) in the case of an officer, teacher or other employee of the University, by the Vice-Chancellor.
5. (4) No order of forfeiture shall be made under sub-section
6. (3) without giving the person who may be affected thereby an opportunity of being heard.
7. (5) Any person aggrieved by an order referred to in sub-section
8. (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.

Transitory provisions.-

1. (1) Any officer or authority of the University of Kerala exercising any power or performing any duty under the Kerala University Act, 1969, immediately before the commencement of this Act, shall for a period of nine months from such commencement or until the corresponding officer or authority is appointed, elected, nominated or constituted, as the case may be, in accordance with the provisions of this Act or the Statutes or Ordinances made there under, whichever is later, continue to exercise such powers or perform such duties, as the case may be, so far as such powers or duties are not inconsistent with the provisions of this Act: Provided that the Vice-Chancellor appointed under the Kerala University Act, 1969 and holding office immediately before the commencement of this Act shall be entitled to hold office for the full term of his appointment as if this Act had not been passed.
2. (2) Notwithstanding anything contained in section 65, the Appellate Tribunal constituted under the Kerala University Act, 1969 and existing at the commencement of this Act shall, till the date on which the members thereof would have held office if this Act had not been passed, be deemed to have been constituted under this Act.
3. (3) The Statutes, Ordinances, Regulations, rules, bye-laws and orders in force immediately before the commencement of this Act shall, in so far as they are not inconsistent with the provisions of this Act, continue to be in force until they are replaced by the Statutes, Ordinances, Regulations, rules, bye-laws or orders framed under this Act.
4. (4) All properties, all rights of whatever kind, used, enjoyed or possessed by and all interests of whatever kind owned by or vested in or held in trust by or for the University of Kerala constituted under the Kerala University Act, 1969 and all liabilities legally subsisting against the said University, which have not passed on to the Calicut University on the basis of area-wise or purpose-wise division, shall pass to the University constituted under this Act.

First Statutes and Ordinances.- Notwithstanding anything contained in this Act, the first Statutes and the first Ordinances of the University shall be made by the Government.

Repeal.- The Kerala University Act, 1969 (9 of 1969), is hereby repealed.