The Kerala University of Fisheries and Ocean Studies Act, 2010
Chapter XI STATUTES, ORDINANCES, REGULATIONS AND ORDERS
Chapter XI STATUTES, ORDINANCES, REGULATIONS AND ORDERS
66. Statutes
Statutes –
- (1) Subject to the provisions of this Act, the Governing Council shall have, in addition to all other powers vested in it, the power to make Statutes to provide for the administration and management of the affairs of the University.
- (2) Statutes may provide for all or any of the following matters, namely:- i) the powers and duties of the officers of the University ; ii) the constitution, powers and duties of the authorities of the University not specifically provided for in this Act; iii) the procedure for the election of members of the Senate, the Governing Council , the Academic Council and other authorities or bodies of the University and all such other matters, relating to these authorities or bodies, as may be necessary or desirable to provide; iv) conferment of honorary degrees and holding convocation; v) the establishment and maintenance of the University schools, departments, institutions, constituent colleges, institutions of higher learning, centres for research or specialized studies and hostels; vi) the principles governing the seniority and service conditions of the employees of the University. vii) the provision for disqualifying members of the authorities, bodies or committees of the University; viii) abolition of University schools, departments or institutions, constituent colleges and centres; ix) qualifications, recruitment, workload, code of conduct, terms of office, duties and conditions of service, including periodic assessment of teachers, officers and other employees of the University, the provision of pension, gratuity and provident fund, the manner of termination of their services, wherever applicable, as approved by the State Government ; x) application of funds of the University for furtherance of the objectives of the University; xi) conditions and procedure for the affiliation of colleges or for withdrawing the affiliation of colleges; xii) The norms for grant of autonomy to University schools, departments, colleges and recognized institutions, subject to the approval of the State Government; xiii) acceptance and management of trusts, bequests, donations, endowments and grants from individuals or organizations; xiv) provision of reservation of adequate number of posts of teachers, officers and other employees of the University, colleges, and schools for the members of the Scheduled Castes and Scheduled Tribes and Other Backward Classes in accordance with the Constitutional provisions and policy of the State Government ; xv) fixing of number of working days, number of actual days of instructions, holidays other than Sundays, vacation and terms in academic year; xvi) disciplinary action against teachers, officers and other employees of the University, affiliated colleges and recognised institutions; xvii) the taking over or transferring, in public interest, of the management of a college or institution by the University and the conditions for such taking over or transferring, subject to the approval of the State Government ; and xviii) any matter as may be prescribed by Statutes or which is necessary to give effect to the provisions of this Act.
Chapter XI STATUTES, ORDINANCES, REGULATIONS AND ORDERS
67. Procedure for making Statutes
Procedure for making Statutes
- (1) Notwithstanding anything contained in this Act, the Government shall make the first Statute of the University.
- (2) The Governing Council may, from time to time, make new or additional Statutes or may amend or repeal the Statutes referred to in sub-section (1).
- (3) The Statute may be made, amended or repealed by the Governing Council in the manner hereinafter provided,-
- (i) The Governing Council may take into consideration the draft of a Statute either moved by any member of the Council or on a proposal by the Vice Chancellor .
- (ii) The Vice Chancellor , if it thinks necessary may also obtain the opinion of any officer, authority or body of the University in regard to any draft Statute which is before it for consideration; Provided that, where any such draft Statute pertains to academic matters, the Governing Council shall obtain the opinion of the Academic Council before considering the same;
- (iii) The Governing Council shall not propose the draft of a Statute or of an amendment to a Statute affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion upon the proposal and any opinion so expressed shall be in writing and shall be considered by the Governing Council .
- (iv) Every Statute passed by the Governing Council shall be submitted to the Chancellor who may give or withhold his assent thereto, or send it back to the Governing Council for reconsideration;
- (v) No Statute passed by the Governing Council shall be valid or shall come into force until assented to, by the Chancellor.
Chapter XI STATUTES, ORDINANCES, REGULATIONS AND ORDERS
68. Ordinances
Ordinances – Subject to the conditions prescribed by or under this Act, the Governing Council may make Ordinances, to provide for all or any of the following matters, namely:-
- (i) the conditions under which students shall be admitted to courses of study for degree, diploma, certificate and other academic distinctions;
- (ii) the fees to be charged for enrolment of students for attending such courses in the University and that for admission to the examinations leading to degrees, diplomas, certificate and other academic distinctions, and for registration of graduates and any other type of fees to be charged;
- (iii) the conditions of residence, conduct and discipline of the students of the University, and action to be taken against them for breach of discipline or misconduct, including the following:- a) use of unfair means at an examination or abetment thereof; b) refusal to appear or give evidence in any authorized inquiry by an officer in charge of an examination or by any officer or authority of the University; or c) disorderly or otherwise objectionable conduct, whether within or outside the University;
- (iv) the conditions governing the appointment and duties of examiners;
- (v) the conduct of examinations and other tests and the manner in which the candidates may be assessed or examined by the examiners;
- (vi) the classification of teachers, staff strength in various departments, workload of teachers and other staff in the University Department, colleges and schools;
- (vii) the inspection of colleges, recognized institutions, and hostels;
- (viii) the mode of execution of contracts or agreements for, by or on behalf of the University;
- (ix) the rules to be observed and enforced by colleges and recognised institutions regarding transfer of students wherever necessary;
- (x) the duties and functions of students’ associations and other organizations in colleges;
- (xi) all other matters which, by or under this Act or Statutes, are to be or may be, provided by Ordinances; and
- (xii) generally, all matters for which provision is, in the opinion of the Governing Council , necessary for the exercise of the powers conferred or the performance of the duties imposed on any authority of the University under this Act or Statutes.
Chapter XI STATUTES, ORDINANCES, REGULATIONS AND ORDERS
69. Procedure for making Ordinances
Procedure for making Ordinances – The Governing Council may make, amend or repeal Ordinances in the manner hereinafter provided,-
i) No ordinances concerning the matters referred to in clauses
- (i) to
- (vi) of section 67 above, or any other matter connected with the maintenance of the standards of teaching and examinations within the University, shall be made by the Governing Council unless a draft thereof has been considered by the Academic Council . ii) The Governing Council shall not have the power to amend any draft proposed by the Academic Council under clause
- (i) above, but may return it to the Academic Council for reconsideration, in part or in whole, together with any amendments which the Governing Council may suggest. iii) All Ordinances made by the Governing Council shall have effect from such date as it may direct, but every Ordinance so made shall be submitted to the Chancellor within two weeks. The Chancellor shall have the power to direct the Governing Council , within four weeks of the receipt of the Ordinances, to suspend its operation and he shall, as soon as possible, inform the Governing Council of his objection to it.
Chapter XI STATUTES, ORDINANCES, REGULATIONS AND ORDERS
70. He may, after receiving the comments of the Governing Council either withdraw the order suspending the Ordinances or disallow the Ordinances and his decision shall be final.
Regulations Regulations –
- (1) Subject to provisions of this Act, the Statutes and Ordinances and the approval of the Governing Council , the Academic Council may make regulations in the manner prescribed by Statutes, providing for all or any of the following matters, namely:- i) the courses of studies and the conduct of examinations; ii) the admission of students to the various courses of study and to the examinations; iii) the qualification of teachers; iv) the appointment and prescription of duties of the Boards of Studies and examiners; v) recognition of examinations, degrees and diplomas of the Universities as equivalent to the examinations, degrees and diplomas of the University; and vi) All other matters which under the provisions of this Act, the Statutes and the Ordinances are to be made, or may be, prescribed by the Regulations.
- (2) All regulations made under this Act shall have effect from such date as the Academic Council may direct, but every Regulation so made shall be laid before the Governing Council during its next succeeding meeting.
Chapter XI STATUTES, ORDINANCES, REGULATIONS AND ORDERS
71. Orders
Orders –
- (1) The University Governing Council shall have power to issue orders not inconsistent with the provisions of this Act, Statutes, Ordinances and Regulations made thereunder for the guidance and working of Schools and Committees, Colleges and other bodies under the provisions of this Act or the Statutes, Ordinances and Regulations made thereunder and for regulating the procedure and conduct of business of any Authority of the University.
- (2) All such orders shall have effect from such date as the University Governing Council may direct.
- (3) The University Governing Council shall have power to cancel or modify any such order.
Chapter XI STATUTES, ORDINANCES, REGULATIONS AND ORDERS
72. Publication in the Gazette
Publication in the Gazette – All Statutes, Ordinances and Regulations made under this Act shall be published in the Gazette.
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