Chapter XII MISCELLANEOUS

Transfer of certain colleges and institutions to the University –

1. (1) Notwithstanding anything contained in the Kerala Agriculture University Act, 1971 (Act 33 of 1971), the Statutes, Ordinances, Regulations or Orders made thereunder, Colleges of Fisheries of Kerala Agriculture University shall, as from such date as the Government may by notification in the Gazette specify, be disaffiliated from the Kerala Agriculture University and shall be maintained by the Kerala University of Fisheries and Ocean Studies, as constituent units.
2. (2) The control and management of the institutions specified in sub-section
3. (1) shall, as from the date notified under that sub-section, be transferred to the University and all properties and assets and liabilities and obligations of the Government in relation thereto shall stand transferred to vest in, or devolve upon, the University.
4. (3) The control and management of all research and educational institutions of the Departments of Fisheries and Ocean Studies in the State shall, as from such date or dates as the Government may by order specify, be transferred to the University, and thereupon all the properties and assets and liabilities and obligations of the Government in relation to such institutions shall stand transferred to, vest in, or devolve upon, the University.
5. (4) Every person employed in any of the institutions specified in sub-section
6. (1) or in any of the institutions referred to in sub-section
7. (3) immediately before the date specified in the notification under sub-section
8. (1) or the date specified in the order under sub-section
9. (3) in relation to that institution, as the case may be, shall, as from that date, become an employee of the University: Provided that the Government may within a period of six months from the date specified in the notification under sub-section
10. (1) or in the order under sub-section
11. (3) with the concurrence of the University, -
    • (a) direct that any person who has so become an employee of the University shall cease to be an employee of the University and shall become an employee of the Government , if in the opinion of the Government the continuance of such person as an employee of the University has the effect of depriving any other person who has superior claim and who is willing to be appointed in the employment of the University; or
    • (b) transfer to the University any employee of the Government who on the date specified in the notification under sub-section
12. (1) or in the order under sub-section (3), as the case may be, is eligible to become an employee of the University and who has superior claim than any other person who has become an employee of the University on that date: Provided further that, if in the opinion of the University, any person employed in any of the institution referred to in sub-section
13. (3) immediately before the date specified in the order under that sub-section in relation to that institution or any person transferred to the University under the preceding provision, is not suitable, the University may move the Government within a period of two years from the date specified in the said order or the date of transfer of the person to the University, as the case may be, to take back such person to the service of the Government , and thereupon the Government shall take back such person to the service of the Government .
14. (5) If any person employed in any of the colleges specified in sub-section
15. (1) does not possess the qualification prescribed for the corresponding post in the University, a post of the same cadre as he was holding immediately before the date specified in the notification under the said sub-section shall be created in the University for accommodating such person.
16. (6) Subject to the provisions of sub-sections
17. (4) and (5), the remuneration and conditions of service of any person referred to in sub-section
18. (4) shall not be less favourable than those to which that person was entitled immediately before he became an employee of the University.
19. (7) Notwithstanding the transfer of a person to the University under sub-section (4), any proceedings initiated by the Government against such person before the date of such transfer may be continued by the Government as if such person has not become an employee of the University, and the University shall be bound to give effect to the decision taken by the Government in such proceedings.

Protection of acts done in good faith – No suit or other legal proceedings shall be instituted against or maintained or damages claimed from the University or its officers, authorities or bodies for anything done or orders passed, or purporting to have been done or passed in good faith and in pursuance of the provisions of this Act and the Statutes, Ordinances and Regulations made thereunder.

Transitory provisions Notwithstanding anything contained in this Act or the Statutes, Ordinances or Regulations made thereunder any student of any college specified in sub-section

1. (1) of section 72 who is studying for any examination of the Kerala Agricultural University shall be permitted to complete his course and preparation thereof, and the University established under this Act shall make arrangements for holding for such students, examination in accordance with the curricula of studies of the Kerala Agriculture University until he completes the said course of studies.

Nominations of first set of Authorities –

1. (1) Notwithstanding anyting contained in any other provisions of this Act, the first set of all the Authorities of the University shall be nominated by the Chancellor as soon as may be after the publication of this Act in the Gazette.
2. (2) A member of any Authority nominated under sub-section
3. (1) shall hold office for a period of three years from the date of such nomination or till the members of the corresponding authority are elected or nominated, as the case may be, under the provisions of this Act, whichever is earlier.

Delegation of powers – The University Governing Council may delegate to any Officer or Authority of the University any of the powers conferred on it by this Act or by the Statutes, to be exercised subject to such restrictions and conditions as may be prescribed.

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.

Powers of Government to make Rules –

1. (1) The Government may, by notification in the Gazette, make rules, not inconsistent with the provisons 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 modifications in the rule or decides that the rule should not be made, the rules 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.

Removal of difficulties –

1. (1) If any difficulty arises in giving effect to the provisions of this Act, Government may, by order published in the Gazette, do anything not inconsistent with the provisions of this Act, which appears to them to be necessary or expedient for removing the difficulty; Provided that no order shall be made under this section after the expiration of three years from the date on which this Act comes into force.
2. (2) No order made under sub-section
3. (1) shall be questioned in any Court of law on the ground that no difficulty as is referred to in the said sub-section existed or was required to be removed.
4. (3) Every order published under this section shall, as soon as may be after its publication, be laid 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 modifications in the order or decides that the order should not be made, 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 modification or annulment shall be without prejudice to the validity of anything previously done under that order.

Repeal and Saving –

1. (1) The Kerala University of Fisheries and Ocean Studies Ordinance, 2010 (56 of 2010), 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.