The Kerala University of Health Sciences Act 2010
Chapter V STATUTES, ORDINANCES, REGULATIONS AND BYE-LAWS
Chapter V STATUTES, ORDINANCES, REGULATIONS AND BYE-LAWS
40. 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 specialised 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 and the affiliated Colleges except those colleges or institutions maintained by the State or Central Government or a local authority, 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 or institutions, affiliated colleges and recognised institutions, subject to the approval of the State Government; (xiii)acceptance and management of trusts, bequests, donations, endowments and grants from individuals or organisations;
- (xiv) provision of reservation of adequate number of posts of teachers, officers and other employees of the University and affiliated colleges, 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, other than the private self-financing colleges not aided by the Government in any form, and the colleges or the institutions managed and maintained by the State Government or Central Government or Local Authorities; (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; (xviii) award of degrees diplomas, titles, certificates, and other academic distinctions by the University;
- (xix) the withdrawl or cancellation of degrees, diplomas, titles, certificates and other academic distinctions granted by the University; (xx)the maintenance of a register of registered graduates;
- (xxi) the maintenance of accounts and preparation and passing of the annual budget of the University;
- (xxii) constitution of Governing bodies for private colleges under unitary management and managing councils for private colleges under corporate management; (xxiii) any matter as may be prescribed by Statutes or which is necessary to give effect to the provisions of this Act.
Chapter V STATUTES, ORDINANCES, REGULATIONS AND BYE-LAWS
41. 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 Governing Council, 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)No Statute providing for the conditions for, or procedure relating to, the affiliation of private colleges shall be passed by the Governing Council without the previous approval of the Government.
- (v) 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; (vi)No Statute passed by the Governing Council shall be valid or shall come into force until assented to, by the Chancellor.
Chapter V STATUTES, ORDINANCES, REGULATIONS AND BYE-LAWS
42. 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 authorised 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 departments and affiliated colleges;
- (vii) the inspection of affiliated colleges, recognised 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 affiliated colleges and recognised institutions regarding transfer of students wherever necessary;
- (x) the duties and functions of students’ associations and other organisations 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 V STATUTES, ORDINANCES, REGULATIONS AND BYE-LAWS
43. 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 42 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. 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.
Chapter V STATUTES, ORDINANCES, REGULATIONS AND BYE-LAWS
44. 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 qualifications 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, 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 V STATUTES, ORDINANCES, REGULATIONS AND BYE-LAWS
45. Bye-laws and Orders.
- (1) Any authority or body may, subject to the previous approval of the Governing Council shall have the power to make bye-laws and orders not inconsistent with this Act, the Statutes, Ordinances and Regulations, for the guidance and working of the Boards and Committees and other bodies constituted under the provisions of this Act, the Statutes, the Ordinances and the Regulations and for regulating the procedure and conduct of business at the meetings of any authority of the University and providing for all matters solely concerning such authority or body.
- (2) Such bye-laws and orders shall be submitted to the Governing Council which may amend or annul them in such manner as it thinks proper, after ascertaining and considering the views of the authority or body making them.
Chapter V STATUTES, ORDINANCES, REGULATIONS AND BYE-LAWS
46. Publication in the Gazette.
All Statutes, Ordinances and Regulations made under this
Act shall be published by the University in the Gazette.
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