The Kerala University of Health Sciences Act 2010
Chapter X GRIEVANCE REDRESSAL MECHANISM
Education201095 sections12 chapters
Chapter X GRIEVANCE REDRESSAL MECHANISM
70. Grievances Committee.
Statutory text
- (1) There shall be a Grievances Committee in the University to deal with the grievances of teachers and other employees of the University, constituent colleges and institutions managed by the University, to hear and settle grievances as far as practicable within a reasonable period of not more than six months, and the committee shall make a report to the Governing Council.
- (2) It shall be lawful for the Grievances Committee to entertain and consider grievances or complaints and report to the Governing Council for taking such action as it deems fit and the decisions of the Governing Council on such report shall be final.
- (3) The Grievances Committee shall consist of the following members, namely: —
- (i) the Pro-Vice-Chancellor .. Chairperson;
- (ii) two members of the Senate elected by the members of the Senate from among themselves .. Members;
- (iii) three members of Governing Council elected by the members of the Governing Council from among themselves .. Members;
- (iv) the Registrar .. Member Secretary.
- (4) The Registrar shall not have a right to vote.
Chapter X GRIEVANCE REDRESSAL MECHANISM
71. Board of Adjudication.
Statutory text
- (1) There shall be a Board of Adjudication for hearing the grievances and complaints of the students on academic matters concerning the examination, evaluation, results and other related matters referred to it by any authority of the University.
- (2) The Board shall consist of the following members:
- (i) Pro-Vice-Chancellor .. Chairman;
- (ii) Dean Students’ Affairs .. Member; (iii)three Members of the Governing Council nominated by the Vice-Chancellor .. Members.
- (iv) one representative to be selected from among the members of the General Council of the University Student’s Union-Member. His term shall be for one year from the date of appointment.
- (3) The procedure for receiving complaints and settlement thereof shall be as may be prescribed by the Statutes.
Chapter X GRIEVANCE REDRESSAL MECHANISM
72. University Appellate Tribunal.
Statutory text
- (1) The Government shall constitute an Appellate Tribunal for the purposes of this Act.
- (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.
- (3) The term of office of the Appellate Tribunal shall be three years from the date of its nomination.
- (4) The Appellate Tribunal shall have the power to make regulations consistent with the provisions of this Ordinance with the previous sanction of the Government for regulating its procedure and disposal of its business. The regulations so made shall be published in the Gazette.
- (5) The remuneration and other conditions of service of the Appellate Tribunal shall be such as may be prescribed by the Statutes.
Chapter X GRIEVANCE REDRESSAL MECHANISM
73. Bar of Jurisdiction of Civil Courts.
Statutory text
No Civil Court shall have jurisdiction to settle,
decide or deal with any question or to determine any matter which is by or under this Act required to be settled, decided or dealt with or to be determined by any authority or person under this Act.
Chapter X GRIEVANCE REDRESSAL MECHANISM
74. Admission to privileges of other Universities.
Statutory text
- (1) No college in the State of Kerala imparting education in Health and Allied Sciences shall, save with the consent of the University and the sanction of Government, be associated in any way with or seek admission to, any privileges of any other University in India or abroad, except Deemed Universities permitted to operate in the State by the Government and the University Grants Commission and Institutions established by the Government of India or Autonomous Centres or Institutions under the Central Government.
- (2) Any such privilege enjoyed by any Medical College or Institution of Health and Allied Sciences situated in the State before the date of commencement of this Act shall be deemed to be withdrawn with effect from such date of commencement of the Act or such date as may be notified by the Government.
- (3) On and from the date of commencement of this Act or other date as may be notified by the Government, all colleges and autonomous institutions of Health and Allied Sciences previously admitted to the privileges of, or affiliated to the Universities specified in the Schedule appended to this Act, shall be deemed to be admitted to the privileges of, or affiliated to, the Kerala University of Health Sciences established under section 3 of this Act.
Chapter X GRIEVANCE REDRESSAL MECHANISM
75. University open to all castes and creeds.
Statutory text
- (1) No citizen of India shall be excluded from any office of the University or from membership of any of its authorities, bodies or committees, or from appointment to any post, or from admission to any degree, diploma, certificate or other academic distinction or course of study on the ground only of sex, race, creed, class, caste, place of birth, religious belief or profession or political or other opinion: Provided that, the University may maintain, accredit or recognise any college or give affiliation to any college or institution in which admission is given exclusively for women or reserved for women.
- (2) The University shall adopt Government policy and orders or directions issued from time to time, in regard to the reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes for appointment to different posts of teachers and non-teaching staff for the purpose of admission of students in the affiliated or constituent colleges, University departments, University institutions or recognised institutions, except in the cases which have been specifically exempted.
- (3) The University shall adopt the general policy of Government in regard to the welfare of various categories of weaker sections of the society and minorities as directed by the Government, from time to time.
- (4) In making appointments by direct recruitment to posts in any class or category in each Department under the University or the post of non-teaching staff in the University, the University shall mutatis mutandis observe the provisions of clauses (a), (b) and (c) of the rules 14 to 17 of the Kerala State and Subordinate Service Rules, 1958.
Chapter X GRIEVANCE REDRESSAL MECHANISM
76. Transfer of Government Colleges to University.
Statutory text
- (1) The Government may at any time, by notification in the Gazette, transfer any Government College of Health and Allied Sciences to the University and from the date of such transfer the said college shall be a constituent College of the University.
- (2) When any Government College is transferred to the University under sub-section (1) with effect from the date on which such transfer takes place, the following consequences shall ensue, namely:—
- (i) all the assets including the properties and liabilities pertaining to the said college shall stand transferred to and vested in the University; (ii)all members of the teaching staff or other employees of the said college who immediately before the date of such transfer were serving in or were attached to, that college shall stand transferred to the appropriate cadre or category of posts in the University on the same conditions of service as were applicable to them before such transfer and unless and until such conditions are altered with the consent of such persons: Provided that no such member of the teaching staff or other employee of the said college shall be transferred unless he has been given an opportunity to exercise option for accepting transfer in accordance with the norms decided with the prior approval of Government.
Chapter X GRIEVANCE REDRESSAL MECHANISM
77. Control of Government.
Statutory text
- (1) Without prior approval of the Government, University shall not,—
- (i) create any new posts of teachers, officers or other employees; (ii)revise pay, allowances, post retirement benefits and other benefits of its teachers, officers and other employees; (iii)grant any special pay, allowance or other extra remuneration of any description whatsoever including ex-gratia payment or other benefits having financial implications, to any of its teachers, officers or other employees; (iv)divert any earmarked funds received for any purpose other than that for which it was received;
- (v) incur expenditure on any developmental work from the funds received from the Government or University Grants Commission or any person or body for the purposes other than the purposes for which the funds are received; (vi)take any decision regarding affiliated colleges resulting in increased financial liability, direct or indirect, for the Government;
- (2) The University shall be competent to incur expenditure without prior approval of the Government from the funds received from:—
- (i) various funding agencies without any share or contribution from the Government; (ii)fees for academic programmes started on self-supporting basis; (iii)contributions received from the individuals, industries, institutions, organisations or any person whosoever, to further the objectives of the University; (iv)contributions or fees for academic or other services offered by the University;
- (v) development fund, if any, established by the University for the purposes of,—
- (a) creation of posts in various categories for specific period;
- (b) granting pay, allowances and other benefits to the posts created through its own funds, provided those posts are not held by such persons, who are holding the posts for which Government contribution is received;
- (c) starting any academic programme on self-supporting basis;
- (d) incurring expenditure on any development work: Provided that there shall not be any financial liability, direct or indirect, immediate or future to the Government for incurring such expenditure.
- (3) In case of failure of the University to exercise powers or perform duties as specified in this Act and Statutes to be framed or where the University has not exercised such powers or performed such duties adequately or where there has been a failure to comply with any order issued by Government, the Government may, on making such enquiry as it may deem fit, issue a directive to the University for proper exercise of such powers or performance of such duties or comply with the order and it shall be the duty of the University to comply with such direction.
- (4) The Comptroller and Auditor General and the Government shall carry out audit of the accounts of the University or a constituent college, school or centre or institution under the University regularly at such intervals as provided in the relevant Acts and as the Government may deem fit.
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