The Kerala University of Health Sciences Act 2010
Chapter VII PERMISSION, AFFILIATION AND RECOGNITION OF COLLEGES
Chapter VII PERMISSION, AFFILIATION AND RECOGNITION OF COLLEGES
50. Affiliation and recognition.
- (1) The University shall affiliate all the professional medical or other colleges or Institutions imparting education in Modern Medicine, Dental, Ayurveda, Homoeopathy, Siddha, Unani, Yoga, Naturopathy, Nursing, Pharmacy and other paramedical and allied subjects, owned by Government of Kerala or Government controlled societies, private aided and private unaided self-financing educational agencies, which, before the date of commencement of this Act remained affiliated to the different Universities (except Deemed Universities) in the State of Kerala. The affiliation of the above mentioned institutions to other Universities in the State (except Deemed Universities), shall stand transferred to the University on and from the date of commencement of this Act, subject to the conditions that the affiliation of these colleges or institutions in respect of the students admitted to the courses in health sciences and allied subjects shall continue till those batches of students complete their courses, the examinations of all such students shall be conducted by the Universities to which they were attached, degrees or diplomas or other distinctions shall be awarded by such Universities and admission to these colleges for the academic year 2009-2010 shall continue in such Universities. The admission to the course or courses to be started, in the above institutions, from the academic year 2010-2011 onwards and the examinations for the new batches of students admitted or to be admitted during 2010-2011, shall be conducted by the University and degrees or diplomas be awarded by the University. The professional Medical Colleges or teaching institutions under the Deemed Universities and the National Institutes established by Central Government shall not come under the jurisdiction of the University.
- (2) The Educational Agency applying for affiliation or recognition and whose college or institution has been granted affiliation or recognition, shall give and comply with the following undertaking:—
- (i) that the provisions of this Act, or any other Acts passed by the State Legislature related to Medical Education or Higher Education field in the State, rules made thereunder and Statutes, Ordinances, Regulations, Standing Orders and directions of the University shall be observed;
- (ii) that there shall be a separate Governing Body or Managing Council provided for an affiliated college or group of colleges, receiving aid from the Government or the University, as provided by Section 52; (iii)that the number of students admitted for courses of study shall not exceed the limits prescribed from time to time, by the University, the Government, Central or State Councils or authorities in the concerned discipline as the case maybe; (iv)that there shall be suitable and adequate physical facilities such as building, laboratories, libraries, equipments required for teaching and research, hostel and other infrastructure facilities as the case may be, prescribed by Statutes, Ordinances and Regulations;
- (v) that the financial resources of the college or institution shall be such as to make due provision for its continued maintenance and working; (vi)that the strength and qualifications of teaching and non-teaching staff of the affiliated colleges and the emoluments and the terms and conditions of service of the staff of affiliated colleges shall be such as may be prescribed by the University and which shall be sufficient to make due provision for courses of study, teaching or training or research, efficiently;
- (vii) that the services of all teaching and non-teaching employees and the facilities of the college to be affiliated shall be made available for conducting examinations and for promoting other activities of the University;
- (viii) that the directions and orders issued by the Chancellor, Vice-Chancellor and other officers of the University in exercise of the powers conferred on them under the provisions of this Act, Statutes, Ordinances and Regulations or any other Acts passed by the State Legislature in this regard, shall be complied with; (ix)that there shall be no transfer of the management or ownership of the college without previous sanction of the University;
- (x) that the college or institution shall not be closed without previous sanction of the University; (xi)that in the event of disaffiliation or de-recognition or closure of the college or institution, all the assets of the college or institution including building and equipment which have been constructed or created out of the amount paid as a grant-in-aid by the Government or the University Grants Commission shall vest in the Government.
Chapter VII PERMISSION, AFFILIATION AND RECOGNITION OF COLLEGES
51. Procedure for permission.
- (1) The University shall prepare a perspective plan for educational development for the location of institutions of higher learning in a manner ensuring equitable distribution of facilities for higher education in Medical and Allied Sciences having due regard, in particular, to the needs of unserved and underdeveloped areas within the jurisdiction of the University. Such plan shall be prepared by the Academic Council and got approved by the Governing Council and shall be placed before the Senate. It shall be updated every five years.
- (2) No application for opening a new college or institution of higher learning which is not in conformity with such plan, shall be considered by the University.
- (3) No students shall be admitted by the college or institution unless the first time affiliation has been granted by the University to the college or institution.
- (4) The rules and procedure for affiliation of a college to the University shall be as prescribed by the Statutes.
Chapter VII PERMISSION, AFFILIATION AND RECOGNITION OF COLLEGES
52. Governing Body of affiliated college.
- (1) There shall be a separate Governing Body for every affiliated college or institution, consisting of the members as may be prescribed by the Statutes. There shall be a Managing Council for a group of affiliated colleges under a corporate management, consisting of members as may be prescribed by the Statutes.
- (2) The powers and duties of the Governing Body or Managing Council shall be as provided in this Act or as may be prescribed by the Statutes.
Chapter VII PERMISSION, AFFILIATION AND RECOGNITION OF COLLEGES
53. Continuation of affiliation.
- (1) The affiliated college or recognised institution may apply for continuation of affiliation or recognition for the courses of study for which affiliation or recognition was granted ordinarily six months prior to the date of expiry of such affiliation or recognition. The University shall follow the procedure prescribed in Statutes, so far as applicable, for grant of continuation of affiliation.
- (2) The affiliated college or recognised institution may apply for affiliation or recognition for additional courses of study and the same shall be considered by the University following the procedures or rules prescribed in this regard in the Statutes.
- (3) An affiliated college with at least six years standing as an affiliated college may apply for permanent affiliation in the manner as may be prescribed in the Statutes and the University shall consider such applications in such manner as may be prescribed.
Chapter VII PERMISSION, AFFILIATION AND RECOGNITION OF COLLEGES
54. Granting of autonomous status.
- (1) A University department or institution, affiliated college or recognised institution may apply to the University for grant of autonomous status. The Governing Council on the recommendation of Academic Council may confer the autonomous status.
- (2) The autonomous department or institution or college or recognised institution, may constitute its authorities or bodies and exercise the powers and perform the functions and carry out the administrative, academic, financial and other activities of the University, as may be prescribed.
- (3) The autonomous department or institution or college or recognised institution may prescribe its own courses of study, evolve its own teaching methods and hold examinations and tests for students receiving instruction in it and award degrees or certificates of its own. Autonomous department or institution or college or recognised institution shall function with the objectives of promoting academic freedom and scholarship on the part of teachers and students which are essential to the fostering and development of an intellectual climate conducive to the pursuit of scholarship and excellence.
Chapter VII PERMISSION, AFFILIATION AND RECOGNITION OF COLLEGES
55. Submission of reports and inspection.
- (1) Every affiliated college and recognised institution shall furnish such reports, returns and other particulars as the University may require for enabling it to judge the academic standards and standards of academic administration of the college or recognised institution.
- (2) The Vice-Chancellor shall cause every University department, school, centre, affiliated college or recognised institution to be inspected, at least once in every three years, by one or more committees appointed by him in that behalf which shall consist of the following members, namely:—
- (i) a Dean or a Chairman of Board of studies nominated by the Vice-Chancellor— Chairperson; (ii)one expert, in medical education, not connected with the University, nominated by the Vice- Chancellor;
- (iii) one expert, to be nominated by the Governing Council: Provided that no member of such committee shall be connected with the management of college or the institution concerned.
- (3) The committee shall submit its report to the Vice-Chancellor for consideration and for further action as may be necessary.
Chapter VII PERMISSION, AFFILIATION AND RECOGNITION OF COLLEGES
56. Withdrawal of affiliation.
- (1) If an affiliated college or recognised institution fails to comply with the conditions of affiliation or recognition as provided in this Act or Statutes or fails to comply with the directions of the University or State Government or does not allow the local governing body or managing councils as provided in this Act or Statutes to function properly, or if it is conducting the college or recognised institution, in a manner prejudicial to the interest of the University or the standards laid down by the Ordinance or Statutes, the University can take action against such institutions under this Act including withdrawal of the affiliation granted to the college or institution, after giving notice to the Principal of the College or institution and the educational agencies running the college or institution, regarding the reasons for such withdrawal of affiliation and considering the reply given by the Principal of the college or educational agency.
- (2) The rules and procedure for withdrawal of affiliation shall be such as may be prescribed by the Statutes.
Chapter VII PERMISSION, AFFILIATION AND RECOGNITION OF COLLEGES
57. Closure of colleges etc.
- (1) No management of an affiliated college or recognised institution shall be allowed to close down the college or recognised institution without prior permission of the University and State Government.
- (2) The procedure to close down an affiliated college shall be such as may be prescribed by the Statutes.
Chapter VII PERMISSION, AFFILIATION AND RECOGNITION OF COLLEGES
58. Application of provisions of Kerala University Act, 1974.
Except as otherwise provided
in this Act, the provisions of sections 51 to 68 of the Kerala University Act, 1974 (Act 17 of 1974) in respect of affiliated private aided colleges shall apply in the case of private aided colleges affiliated to the University.
PDF: pending for this language.