Chapter 5 STATUTES AND REGULATIONS

Statutes.—Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:—

1. (i) constitution, powers and functions of the authorities and other bodies of the University, as may be found necessary to be constituted from time to time;
2. (ii) election and continuance in office of the members of the authorities and other bodies and all other matters relating thereto which the University may deem necessary or desirable to provide;
3. (iii) manner of appointment of officers of the University, their terms and conditions of service, powers, duties and emoluments;
4. (iv) creation of posts in different cadre of teachers, academic staff and other employees, manner of their appointment, determination of their terms and conditions of service, salary structure including allowances and other connected matters;
5. (v) creation of scholarships, assistantships, campus jobs, other opportunities of similar nature for students, fixing their value along with roles, responsibilities, terms and conditions;
6. (vi) manner of appointment of teachers and other academic staff working in any other Universities or national level institutions to the University for a specified period, their terms and conditions of service and emoluments;
7. (vii) constitution of the pension fund and provident fund and the establishment of an insurance scheme for the benefit of the employees of the University;
8. (viii) the procedure for preferring appeal by officers, teachers, employees, other academic staff or students of the University;
9. (ix) conferment of honorary degrees;
10. (x) institution of medals, prizes and other incentives;
11. (xi) maintenance of discipline among the employees of the University;
12. (xii) establishment of chairs, schools of studies, departments, centres and allied institutions;
13. (xiii) matters relating to the delegation of powers vested in the authorities or the officers of the University; and
14. (xiv) any other matters as prescribed by the Statutes or which is necessary to give effect to the provisions of this Act.

Procedure for making Statutes.—(1) The first Statute shall be made by the Government, with the prior approval of the Chancellor, immediately after the commencement of this Act.

1. (2) The Board of Governors may, from time to time, make new or additional Statutes or may amend or repeal the Statutes referred to in sub-section (1): Provided that the Board of Governors shall not make, amend or repeal any Statutes affecting the status, power and constitution of any authority of the University until such authority has been given a reasonable opportunity of expressing its opinion in writing on the proposed change.
2. (3) Every new Statute or addition to the Statute or any amendment or repeal thereof shall require the approval of the Chancellor, who may assent or remit it to the Board of Governors for reconsideration in the light of the observations, if any made by him.
3. (4) A new Statute or a Statute amending or repealing an existing Statute shall not be valid unless it has received the assent of the Chancellor.

Regulations.—(1) Subject to the provisions of this Act and the Statutes, Regulations may be provided for all or any of the following matters, namely:—

1. (i) admission of the students, the courses of study and the fee thereof, the qualification pertaining to the award of degrees, diplomas, certificates and other academic distinctions, the conditions for the grant of fellowships and awards and the like;
2. (ii) conduct of examination, appointment of examiners and others and their terms and conditions;
3. (iii) conditions regarding the residence of students and their general discipline;
4. (iv) procedure for the settlement of dispute between the employees and the University or between the students and the University;
5. (v) maintenance of discipline among the students of the University;
6. (vi) regulations of the conduct and duties of the teachers, employees, other academic staff and students of the University;
7. (vii) the categories of misconduct for which action may be taken under this Act or the Statutes or the Regulations; and
8. (viii) any other matter which, by or under the provisions of this Act or the Statutes, is to be or may be provided for by the Regulations.

1. (2) The first Regulation shall be made by the Vice-Chancellor with the approval of the Government or Board of Governors and the Regulation so made may be amended, repealed or added to, at any time by the Board of Governors in such manner as may be prescribed.

Annual Report.—(1) The annual report of the University shall be prepared under the direction of the Vice-Chancellor and shall include among other matters, the steps taken by the University towards the fulfillment of its objectives in accordance with the overall directions and general policies set by the General Council.

1. (2) The annual report so prepared shall, after the approval of the Board of Governors, be submitted to the Chancellor by such date as may be prescribed.

Funds of the University.—

1. (1) There shall be a fund for the University to be called the University Fund, which shall include,—
   • (i) any contribution or grant provided by the Central or State Government;
   • (ii) any contribution or grant provided by the University Grants Commission;
   • (iii) any contribution or grant provided by the Industrial establishments, corporates or business houses;
   • (iv) any bequests, donations, endowments or other grants provided by private individuals and other Trusts, public or private;
   • (v) income received by the University from fee and charges; and
   • (vi) amounts received from any other source.
2. (2) The amount in the Fund shall be kept in a scheduled bank or banks as decided by the Board of Governors.
3. (3) The Funds may be utilized for such purpose of the University and in such manner as may be prescribed by regulations.

Annual Accounts.—

1. (1) The annual accounts and the balance sheet of the University shall be prepared under the direction of the Vice-Chancellor and approved by the Board of Governors and shall, at least once in every year and at intervals of not more than fifteen months, be audited by the Comptroller and Auditor General of India or such person or persons as he may authorize in this behalf.
2. (2) A copy of the annual accounts together with the audit report shall be submitted to the Chancellor along with the observations, if any, of the Board of Governors.
3. (3) Any observation made by the Chancellor on the annual accounts shall be brought to the notice of the Board of Governors.
4. (4) A copy of the annual accounts together with the audit report, as submitted to the Chancellor, shall also be submitted to the Government, which shall after necessary approval be laid before the Legislative Assembly of the State of Kerala.

University Appellate Tribunal.—

1. (1) The Government shall constitute an Appellate Tribunal or notify any other existing tribunal so notified, 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 of Kerala.
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 with the prior permission of the Government for regulating its procedure and transaction of its business. The regulations so made shall be published in the Official Gazette.
5. (5) The remuneration and other conditions of service of the Appellate Tribunal shall be such as may be prescribed by the Statutes.

Provident Fund and Pension Funds.— The University shall constitute for the benefit of its employees such provident fund or pension fund or establishment of such other schemes as it may deem fit in such manner and subject to such conditions, as may be prescribed.

Chancellor to decide disputes.— If any question arises regarding the interpretation of any provisions of this Act or of any Statutes or Regulations as to whether any person who has been duly appointed or nominated is entitled to be a member of any authority or body of the University, the matter may be referred, on petition by any person or body directly affected, or suo motu by the Vice-Chancellor to the Chancellor, who shall after taking such advice as deemed necessary, decide the question in consultation with the Government and such decision shall be final.

Filling up of casual vacancies.— All casual vacancies among the members of any authority or other body of the University shall be filled, as soon as may be convenient, by the person or body who appoints or elects the members, whose place has become vacant and any person appointed or elected to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills, would have been a member.

Proceedings of the authorities or bodies of the University not invalidated by vacancies.—

Protection of action taken in good faith Protection of action taken in good faith.— No suit or other legal proceedings shall lie in any court against the University or against any authority, officer or employee of the University or against any person or body of persons acting under the order or direction of any authority or officer or other employee of the University for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act, the Statutes or the Regulations.

Mode of proof of University records.— A copy of any receipt, application, notice, other proceedings and resolution of any authority or committee of the University or other documents in the possession of the University or any entry in any register duly maintained by the University, if certified by the Registrar shall, notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872) or in any other law for the time being in force, be admitted as evidence of the matters and transactions specified therein, where the original thereof would, if produced, have been admissible in evidence.

Power to remove difficulties.— If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, published in the official Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:

Statutes and Regulations to be published in the official Gazette and to be laid before the Legislature Statutes and Regulations to be published in the official Gazette and to be laid before the Legislature.—

1. (1) Every Statutes and Regulations made under this Act, shall be published in the Official Gazette.
2. (2) Every Statutes and Regulations made under this Act 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 amendment in the Statutes or Regulations or decides that Statutes or Regulations should not be made, the Statutes or Regulations shall, thereafter, have effect only in such form as amended or be of no effect, as the case may be; so, however, that any such amendment or annulment shall be without prejudice to the validity of anything previously done under that Statutes or Regulations.

Repeal and saving.—

1. (1) The Kerala University of Digital Sciences, Innovation and Technology Ordinance, 2021 (113 of 2021) 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.