Act 17 of 1974
THE KERALA UNIVERSITY ACT, 1974[1]
An Act to provide for the reorganisation of the University of Kerala
Preamble.-Whereas it is expedient to reorganise the University of Kerala with a view to establishing a teaching, residential and affiliating University for the southern districts of the State of Kerala;
BE it enacted in the Twenty-fifth Year of the Republic of India as follows:-
CHAPTER I
Preliminary
1. Short title and commencement.- (1) This Act may be called the Kerala University Act, 1974.
(2) It shall come into force on such date as the Government may by notification in the Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
2. Definitions.- In this Act, unless the context otherwise requires,-
(1) "Academic Council" means the Academic Council of the University;
(2) "affiliated college" means a college affiliated to the University in accordance with the provisions of this Act and the Statutes and in which instruction is provided in accordance with the provisions of the Statutes, Ordinances and Regulations;
(3) " annual meeting" means one of the ordinary meetings of the Senate held every year under sub-section (1) of section 20 and declared by the Statutes to be the annual meeting of the Senate;
(4) "Appellate Tribunal" means the Appellate Tribunal constituted under sub-section (1) of section 65;
(5) "Board of Studies" means a Board of Studies of the University;
(6) "Chancellor" means the Chancellor of the University;
(7) "college" means an institution maintained by, or affiliated to the University in which instruction is provided in accordance with the provisions of the Statutes, Ordinances and Regulations;
(8) "department” means a department designated as such by the Ordinances or Regulations with reference to a subject or group of subjects;
(9) "educational agency" means any person or body of persons who or which establishes and maintains a private college or more than one private college;
(10) "faculty" means a faculty of the University;
(11) "Government college" means a college maintained by the Government and affiliated to the University;
(12) "hostel" means a unit of residence for the students of the University or the colleges or institutions maintained by, or affiliated to, the University in accordance with the provisions of this Act, or the Statutes or Ordinances;
(13) "non-teaching staff" of the University or a college means the employees of the University or that college, other than teachers;
(14) "prescribed" means prescribed by this Act, or the Statutes, Ordinances, Regulations, rules or bye-laws made thereunder;
(15) "principal" means the head of a college;
(16) " private college" means a college maintained by an educational agency other than the Government or the University and affiliated to the University;
(17) "Pro-Chancellor" means the Pro-Chancellor of the University;
(18) "Pro-Vice-Chancellor" means the Pro-Vice-Chancellor of the University;
(19) "recognized institution" means an institution for research or special studies, other than an affiliated college, recognized as such by the University;
[2][*****]
(21) "Senate" means the Senate of the University;
(22) "State" means the State of Kerala;
(23) " Statutes", "Ordinances", "Regulations", "bye-laws" and "rules" means respectively the " Statutes", "Ordinances", "Regulations", "bye-laws" and "rules" of the University;
(24) "student" means a part-time or full-time student receiving instruction or carrying on research in any of the colleges or recognized institutions;
(25) "Students' Council" means the Students' Council of the University;
(26) "Syndicate" means the Syndicate of the University;
(27) "teacher" means a principal, professor, associate professor, assistant professor, reader, lecturer, instructor or such other person imparting instruction or supervising research in any of the colleges or recognized institutions and whose appointment has been approved by the University;
(28) "teacher of the University" means a person employed as teacher in any institution maintained by the University;
[(28A)"un-aided college" means a private college which is not entitled to any financial assistance from the Government or the University;][3]
(29)"University" means the University of Kerala constituted under this Act;
(30)"University area" means the area to which the jurisdiction of the University extends under sub-section (1) of section 4;
(31) "University Fund" means the Kerala University Fund established under sub-section (1) of section 45;
(32) "Vice-Chancellor" means the Vice-Chancellor of the University.
CHAPTER II
3. The University.- (1) The Chancellor, the Pro-Chancellor, the Vice-Chancellor, the Pro- Vice-Chancellor, if any, and the members of the Senate, the Syndicate and the Academic Council, for the time being, shall constitute a body corporate by the name of the University of Kerala.
(2) The University shall have perpetual succession and a common seal, and shall sue and be sued by the said name.
4. Territorial limits.- (1) The jurisdiction of the University shall extend to the Revenue Districts of Trivandrum, Quilon, Alleppey, Kottayam, Idukki and Ernakulam of the State.
(2) No educational institution situated beyond the territorial limits of the University shall, save with the sanction of the Chancellor and the Government, be affiliated to the University and no educational institution within the territorial limits of the University shall, save with the sanction of the Chancellor and the Government, seek or continue affiliation to any other University established by law.
5. Powers of the University- The University shall have the following powers, namely:-
(i) to provide for instruction and training in such branches of learning as the University may deem fit, and to make provision for research and for the advancement and dissemination of knowledge;
[4][(ia) to confer academic autonomy to an affiliated college/department of an affiliated college or university department.]
(ii) to institute degrees, titles, diplomas and other academic distinctions;
(iii) to hold examinations and to confer degrees and other academic distinctions on persons who-
(a) shall have pursued a prescribed course of study in a college under the University, unless exempted therefrom in the manner prescribed, and shall have passed the prescribed examination; or
(b) shall have carried on research under prescribed conditions and which has been duly evaluated;
(iv) to confer honorary degrees or other distinctions on distinguished persons in accordance with the conditions to be prescribed in the Statutes;
(v) to grant diplomas, certificates or other distinctions to persons who shall have pursued a prescribed course of study under prescribed conditions;
(vi) to withdraw or cancel degrees, titles, diplomas, certificates of other distinctions under conditions that may be prescribed by the Statutes, after giving the person affected a reasonable opportunity to present his case;
(vii) to supervise and control the residence and discipline of students of the university, colleges and recognized institutions and to make arrangements for promoting their health and general welfare;
(viii) to recognize hostels which are maintained by bodies other than the university and to withdraw such recognition;
(ix) to exercise such control over the students as will ensure their physical and moral well-being;
(x) to constitute a Board to entertain and if it thinks fit to adjudicate and to redress any grievances of the students of colleges, who may for any reason be aggrieved otherwise than by an Act of the Court;
[5][(xa) to fix the minimum infrastructural facilities that shall be provided in an un-aided college;
(xb) to fix the qualification of teachers and non-teaching staff of an un-aided college.]
(xi) to fix the fees payable to the University and to demand and receive such fees;
(xii) to fix and regulate, with the previous sanction of the Government, the fees payable in colleges and recognized institutions affiliated to the University;
(xiii) with the previous sanction of the Government, to regulate the emoluments and pattern and to prescribe the duties and conditions of service of teachers and non-teaching staff in private colleges;
(xiv) to hold and manage endowments and bursaries and to institute and award, fellowships, scholarships, studentships, medals and prizes and to organize exhibitions;
(xv) to institute and provide funds wherever necessary for the maintenance of-
(a) a Students' Advisory Bureau; (b) an Employment Bureau; (c) a University union for students; (d) University Athletic Clubs; (e) the National Cadet Corps; (f) the National Service Corps; (g) University Extension Boards; (h) Students' Cultural and Debating Societies; (i) a Translation and Publication Bureau; and (j) co-operative societies and other similar institutions for promoting the Welfare of students and employees of the University;
(xvi) to co-operate with other Universities or any authorities or associations in such manner and for such purposes as the University may determine;
(xvii) to do all such other acts and things, whether incidental to the powers aforesaid or not, as may be requisite in order to further the objects of the University as a teaching and examining body, and to cultivate and promote arts, science and other branches of learning;
(xviii) to take and hold any property, movable or immovable, which may become vested in it for the purpose of the University by purchase, grant, testamentary disposition or otherwise and to grant, demise, alienate or otherwise dispose of all or any of the properties belonging to the University and also to do all other acts incidental or appertaining to a body corporate;
(xix) to direct, manage and control all immovable and movable properties transferred to the University by the Government;
(xx) to co-ordinate, supervise, regulate and control the conduct of teaching and research work in the affiliated colleges and the institution recognized by the University;
(xxi) to define the powers and duties of the officers of the University other than the Vice-Chancellor;
(xxii) to provide for the inspection of affiliated colleges and to issue such directions as the University may deem fit;
(xxiii) to establish, maintain and manage colleges, institutes of research and other institutions of higher studies;
(xxiv) to affiliate to itself colleges in accordance with the provisions of this Act, and the Statutes, Ordinances and Regulations and to withdraw affiliations of colleges;
(xxv) to institute professorships, readerships, lecturerships and any other teaching and research posts required by the University and to appoint persons to such professorships, readerships, lecturerships and other teaching and research posts;
(xxvi) to establish, maintain and manage hostels;
(xxvii) with the previous sanction of the Government as regards the purpose and amount of loan and subject to such conditions as may be specified by the Government. as to security and rate of interest, to borrow any sum of money from the Central Government, any other Government, the University Grants Commission or any other incorporated body ; and
(xxviii) generally to do such other acts as may be required to further the aims and purposes of this Act.
6. University open to all classes and creeds.- (1) No person shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence, language, political opinion or any of them, be ineligible for or discriminated against, in respect of any employment or office under the University or membership of any of the authorities or bodies of the University or admission to any degree or course of study in the University:
Provided that the University may, in consultation with the Government affiliate any college or recognize any institution, exclusively for women either for education, instruction or residence, or reserve for women or members of socially and educationally backward classes or of Scheduled Caste or Scheduled Tribes, places for the purpose of admission as students in any college or institution maintained or controlled by the University.
(2) In making appointments by direct recruitment to posts in any class or category in each department under the University, or to posts of non-teaching staff in the University, the University shall mutatis mutandis observe the provisions of clauses (a), (b), and (c) of rule 14 and rules 15 to 16 and 17 of the Kerala State and Subordinate Service Rules, 1958, as amended from time to time.
CHAPTER III
The Chancellor, Pro-Chancellor and Officers of the University
7. The Chancellor.-(1) The Governor of Kerala shall, by virtue of his office, be the Chancellor of the University.
(2) The Chancellor shall be the head of the University and shall, when present, preside at meetings of the Senate, and at any convocation of the University.
(3) The Chancellor may, by order in writing, annul any proceeding of any of the authorities of the University which is not in conformity with this Act, the Statutes, the Ordinances, the Regulations, the rules or the bye-laws.
Provided that, before making any such order, the Chancellor shall call upon such authority to show cause why such an order should not be made and consider the cause., if any, shown by such authority within a reasonable time.
(4) The Chancellor shall, when an emergency arises, have the right to suspend or dismiss any of the authorities of the University and to take measures for the interim administration of the University.
(5) Every proposal for the conferment of an honorary degree shall be subject to confirmation by the Chancellor.
(6) An appeal shall lie to the Chancellor against any order of dismissal passed by the Syndicate or the Vice-Chancellor against any person in the service of the University.
(7) An appeal under sub-section (6 ) shall be filed within sixty days from the date of service of the order of dismissal on the person concerned.
(8) The Chancellor shall before passing any order on an appeal under sub-section (6), refer the matter for advice to a Tribunal appointed by him for the purpose.
(9) The Chancellor shall have power to remove the Vice-Chancellor or the Pro- Vice-Chancellor from office by an order in writing on charges of misappropriation or mismanagement of funds or misbehavior:
Provided that such charges are proved by an enquiry conducted by a person who is or has been a Judge of the High Court or the Supreme Court appointed by the Chancellor for the purpose:
Provided further that the Vice-Chancellor or the Pro-Vice-Chancellor shall not be removed under this section unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken against him.
(10) The Chancellor shall have such other powers as may be conferred on him by this Act or the Statutes.
8. The Pro-Chancellor.-(1) The Minister for the time being administering the subject of education in the State shall be the Pro-Chancellor of the University.
(2) In the absence of the Chancellor or during his inability to act, the Pro-Chancellor shall exercise all the powers and perform all the functions of the Chancellor.
9. Officers of the University.- The following shall be the officers of the University, namely:-
(i) the Vice-Chancellor; (ii) the Pro-Vice-Chancellor; (iii) the Registrar; (iv) the Controller of Examinations; (v) the Finance Officer; and (vi) such other officers in the service of the University, as may be declared by the Statutes to be officers of the University.
10. The Vice-Chancellor.- (1) The Vice-Chancellor shall be appointed by the Chancellor on the unanimous recommendation of a Committee appointed by him consisting of three members, one elected by the Senate, one nominated by the Chairman of the University Grants Commission and the third nominated by the Chancellor. The Chancellor shall appoint one of the members of the Committee to be its convener. The Committee shall make its recommendation within a period of three months of its appointment.
(2) In case the Committee appointed under sub-section (1) is unable to recommend a name unanimously, the Vice-Chancellor shall be appointed by the Chancellor from among the panel of three names submitted to him by the Committee within the period specified in the preceding sub-section.
(3) In case the Committee fails to make a unanimous recommendation as provided in sub-section (1) or to submit a panel as provided in sub-section (2), each member of the Committee may submit a panel of three names to the Chancellor and the Vice-Chancellor shall be appointed from among the persons mentioned in the panels.
(4) Non-submission of the panel under sub-section (3) by any member of the Committee shall not invalidate the appointment of the Vice-Chancellor.
(5) No person who is more than sixty years of age shall be appointed as Vice-Chancellor.
(6) The Vice-Chancellor shall hold office for a term of four years from the date on which he enters upon his office and shall be eligible for reappointment :
Provided that a person shall not be appointed as Vice-Chancellor for more than two terms.
[6][(7) The remuneration payable to, and the other conditions of service of, the Vice-Chancellor shall be determined by the Chancellor.]
(8) The Vice-Chancellor shall be the principal academic and executive officer of the University.
(9) The Vice-Chancellor shall be the Chairman of the Senate, the Syndicate, the Academic Council, the Students' Council and the Finance Committee and shall be entitled to be present at and to address any meeting of any authority of the University, but shall not be entitled to vote thereat unless he is a member of the authority concerned.
(10) In the event of equality of votes at any meeting of the Senate, the Syndicate or the Academic Council or of any other authority, at which the Vice-Chancellor is the Chairman, he shall have and exercise a casting vote.
(11) It shall be the duty of the Vice-Chancellor to ensure that the provisions of this Act, the Statutes, the Ordinances, the Regulations, the rules and the bye-laws are faithfully observed and carried out, and he shall have all powers necessary for this purpose.
(12) The Vice-Chancellor shall have the right of visiting and inspecting colleges and other institutions maintained by, or affiliated to, the University.
(13) If at any time except when the Syndicate or the Academic Council is in session, the Vice-Chancellor is satisfied that an emergency has arisen requiring him to take immediate action involving the exercise of any power vested in the Syndicate or the Academic Council by or under this Act the Vice-Chancellor may take such action as he deems fit, and shall, at the next session of the Syndicate or the Academic Council, as the case may be, report the action taken by him to that authority for such action as it may consider necessary.
(14) Subject to the provisions of the Statutes and the Ordinances, the Vice-Chancellor shall have power to appoint, suspend, dismiss or otherwise punish any member of the establishment of the University below the rank of Deputy Registrar:
Provided that he may delegate any of his powers under this sub-section to the Pro-Vice-Chancellor or the Registrar.
(15) The Vice Chancellor shall have power to convene meetings of the Senate, the Syndicate, the Academic Council and any other authorities of the University.
[7][(15A) Notwithstanding anything contained in this Act or in the Statutes or Ordinances made or deemed to have been made there under, the Vice-Chancellor may, if he is satisfied that the number of examiners in the panel of examiners approved by the Syndicate for the conduct of an examination is not sufficient for the conduct of the examination and that approval of another panel of examiners by the Syndicate will entail delay in the conduct of such examination, nominate such additional number of examiners as may be necessary for the conduct of such examination.
(15B) Any person nominated by the Vice-Chancellor under sub-section (15A) shall be deemed to be an examiner included in the panel approved by the Syndicate.]
(16) It shall be the duty of the Vice-Chancellor to see that the proceedings of the University are carried on in accordance with the provisions of this Act, the Statutes, the Ordinances, the Regulations, the rules and the bye-laws and to report to the Chancellor every proceeding which is not in conformity with such provisions.
(17) The Vice-Chancellor shall exercise such other powers and perform such other functions as may be prescribed by the Statutes.
(18) In the event of a temporary vacancy occurring in the office of the Vice-Chancellor, or where the Vice-Chancellor is temporarily absent, the Chancellor shall make necessary arrangements for exercising the powers and performing the duties of the Vice-Chancellor.
(19) In the event of a permanent vacancy occurring in the office of the Vice-Chancellor, the Chancellor shall initiate action for the appointment of the Vice-Chancellor within one month of the occurrence of the vacancy and pending such appointment make necessary arrangements for exercising the powers and performing the duties of the Vice-Chancellor.
11. The Pro-Vice-Chancellor.- (1) The Chancellor may, if he considers it necessary, appoint a Pro-Vice-Chancellor [8][***]
(2) No person who is more than fifty-six years of age shall be appointed as Pro-Vice-Chancellor.
(3) The Pro-Vice-Chancellor shall be a whole-time salaried officer of the University.
(4) The Pro-Vice-Chancellor shall hold office for a term of four years and shall be eligible for re-appointment.
(5) The salary and other conditions of service of the Pro-Vice-Chancellor shall be determined by the Chancellor.
(6) Subject to the provisions of this Act and the Statutes, Ordinances and Regulations, the powers and functions of the Pro-Vice-Chancellor shall be determined by the Chancellor in consultation with the Vice-Chancellor.
12. The Registrar.- (1) The Registrar shall be a whole-time salaried officer of the University and shall be appointed by the Syndicate for such period and on such terms as may be prescribed by the Statutes.
(2) The Registrar shall exercise such powers and perform such duties as may be prescribed by the Statutes.
(3) Suits by or against the University shall be instituted by or against the Registrar.
13. The Controller of Examinations.- (1) The Controller of Examinations shall be a whole-time salaried officer of the University and shall be appointed by the Syndicate for such period and on such terms as may be prescribed by the Statutes.
(2) The Controller of Examinations shall exercise such powers and perform such duties as may be prescribed by the Statutes.
14. The Finance Officer.-(1) The Finance Officer shall be a whole-time salaried officer of the University and shall be appointed by the Syndicate for such period and on such terms as may be prescribed by the Statutes.
(2) The Finance Officer shall exercise such powers and perform such duties as may be prescribed by the Statutes.
15. Appointments to be notified.- The appointments of the Vice-Chancellor, the Pro-Vice-Chancellor, the Registrar, the Controller of Examinations and the Finance Officer shall be notified in the Gazette.
CHAPTER IV
Authorities of the University
16. Authorities of the University.- The following shall be authorities of the University, namely:-
(i) the Senate; (ii) the Syndicate; (iii) the Academic Council; (iv) the Faculties; (v) the Boards of Studies; (vi) the Students' Council; (vii)the Finance Committee; and (viii) such other Boards or Bodies of the University as may be declared by the Statutes to be authorities of the University.
17. Senate.- The Senate shall consist of the following members, namely:-
Ex-Officio Members
(1) The Chancellor. (2) The Pro-Chancellor. (3) The Vice-Chancellor. (4) The Pro-Vice-Chancellor . (5) The Finance Secretary to Government or an officer not below the rank of Joint Secretary nominated by him. (6) The Director of Public Instruction. (7) The Director of Collegiate Education. [9][(8) The Secretary to Government or the Additional Secretary to Government, General Education Department, to be nominated by the Government.
(9) The Secretary to Government or the Additional Secretary to Government, Higher Education Department, to be nominated by the Government.]
[10][(9a) The Secretary to Government, Information Technology Department or an officer of the Information Technology Department not below the rank of Joint Secretary, nominated by him.]
(10) The Director of Technical Education.
(11) The Chairman, State Advisory Board of Education.
(12) The Mayor of Trivandrum.
(13) Seven Heads of University departments who are not otherwise members of the Senate, to be nominated in the order of seniority by the Chancellor by rotation.
(14) Four Deans of the Faculties of the University who are not otherwise members of the Senate, to be nominated in the order of seniority by the Chancellor by rotation.
(15) The Chairman of the University Union.
Elected Members
(1) Seven Principals elected from among themselves, of whom two shall be from among Principals of Government Colleges, one from among Principals of professional colleges and one from among Principals of junior colleges.
[11][**********]
(3) Six members elected by the members of the Legislative Assembly of Kerala from among the members representing electorate of the University area, of whom one shall be a member of a Scheduled Caste.
(4) Three members elected by the Teachers of the University from among themselves.
(5) Five members elected by the Teachers of Government Colleges from among themselves.
(6) Sixteen members elected by the Teachers of Private Colleges from among themselves.
(7) One member elected by the members of the local authorities of each District in the University area from among themselves.
(8) Two members elected by the registered Trade Unions in the University area designated by Statutes, from among their members.
(9) One member elected by the members of the non-teaching staff of the University from among themselves.
(10) Three members elected by the members of the non-teaching staff of the affiliated colleges from among themselves, of whom one shall be a member of the non-teaching staff of a Government College.
(11) Four members elected by the managers of the private colleges in the University area from among themselves.
(12) Ten members elected by the members of the General Council of the University Union from among full-time students, of whom one shall be a post graduate student, one shall be a research scholar, one shall be the student of a professional college and one shall be a lady student.
Life members
Persons who were life members of the Senate of the Kerala University immediately before the commencement of this Act shall be deemed to be life members of the Senate under this Act.
Other Members
(1) Two headmasters of High Schools and two Teachers of Schools, situated within the University area, nominated by the Chancellor.
(2) Not more than nine members nominated by the Chancellor representing (i) recognized research institutions; (ii) recognized cultural associations; (iii) chambers of commerce; (iv) industries; (v) authors; (vi) journalists; (vii) lawyers; (viii) sports; and (ix) linguistic minorities.
(3) Four students nominated by the Chancellor, one having outstanding academic ability in humanities, one having outstanding ability in science, one having outstanding ability in sports and one having outstanding ability in fine arts.
[(4) Not more than four experts nominated by the Government from the fields of Information Technology and Bio-technology.][12]
18. Reconstitution of the Senate .- (1) The Senate shall be reconstituted every four years.
(2) The term of office of any member referred to in items (13) and (14) under the heading "Ex-Officio Members" in section 17 shall be two years from the date of his nomination.
(3) Every member of the Senate, other than ex-officio and life-members, shall subject to the provisions of this Act and the Statutes, hold office until the next reconstitution of the Senate.
Provided that no member nominated or elected in his capacity as a member of a particular Body or as the holder of a particular office shall hold office for a longer period than three months after he has ceased to be such member or holder of such office, unless in the meanwhile he again becomes a member of that electorate:
Provided further that where an elected or nominated member of the Senate is appointed temporarily to any office, by virtue of which he is entitled to be a member of the Senate ex-officio, he shall, by notice in writing signed by him and communicated to the Vice-Chancellor within seven days from the date of his taking charge of his appointment, choose whether he will continue to be a member of the Senate by virtue of his election or nomination or whether he will vacate office as such member and become a member ex-officio by virtue of his appointment, and such choice shall be final:
Provided also that the term of office of a member referred to in item (1) under the heading "Elected Members" in section 17 or a member referred to in item (3) under the heading "Other Members" in that section shall be one year from the date of his election or nomination, as the case may be.
[13][(3A) Notwithstanding anything contained in the first proviso to sub-section (3); a principal elected under item (1), or a teacher of a Government college elected under item (5), or a teacher of a private college elected under item (6), or a member of the non-teaching staff of an affiliated college elected under item (10), under the heading "Elected Members" in section 17 shall not cease to be a member of the Senate merely on the ground-
(a) that he has been transferred to an educational institution within the State, situated beyond the territorial limits of the University ; or
(b) that the college of which he is the principal or in which he is a teacher or a member of the non-teaching staff has been transferred to another University; or
(c) in the case of a teacher, that he has been promoted as principal.]
[14][(3B) Notwithstanding anything contained in this Act or in the Statutes, no person elected under item (2) under the heading "Elected Members" in section 17 shall cease to be a member of the Senate merely on the ground that he has ceased to be employed or normally resident within the territorial limits of the University.]
(4) On failure of a member to make the choice under the second proviso to sub-section (3), he shall be deemed to have vacated his office as an elected or nominated member.
(5) When a person ceases to be a member of the Senate, he shall cease to be a member of any of the authorities of the University of which he may happen to be a member by virtue of his membership of the Senate.
19. Powers and functions of the Senate.- (1)The Senate shall be the supreme authority of the University and shall have the power to review the action of the Syndicate and the Academic Council save where the Syndicate or the Academic Council has acted in accordance with the powers conferred upon it under this Act, the Statutes, the Ordinances or the Regulations, and shall exercise all the powers of the University not otherwise provided for by this Act or the Statutes:
Provided that if any question arises as to whether the Syndicate or the Academic Council has acted in accordance with such powers as aforesaid or not, the question shall be decided by the Chancellor and his decision shall be final.
(2) Save as otherwise expressly provided in this Act, the Senate shall have the following powers, namely:-
(a) to determine what degrees, diplomas and other academic distinctions shall be granted by the University;
(b) to make, amend or repeal Statutes either of its own motion or on the motion of the Syndicate;
(c) to cancel or amend by a majority of the total membership of the Senate and by a majority of not less than two-thirds of the members present and voting, any Ordinance passed by the Syndicate or any Regulation passed by the Academic Council:
Provided that no Regulation shall be cancelled or amended by the Senate without giving the Academic Council an opportunity to state its opinion on the proposed cancellation or amendment;
(d) to institute fellowships, scholarships, studentships, bursaries, medals and prizes and organize exhibitions in accordance with the provisions of this Act and the Statutes, Ordinances and Regulations;
(e) to institute professorships, readerships, lecturerships, and such other teaching or research posts as it may deem necessary;
(f) to establish and maintain such institutions, as it may from time to time deem necessary;
(g) to prescribe with the previous concurrence of the Government the terms and conditions of service of the employees of the University;
(h) with the previous concurrence of the Government, to regulate the emoluments and prescribe the duties and conditions of service of teachers and non-teaching staff in private colleges;
(i) to review and take such action as it may deem fit on the annual report and the annual accounts of the University which shall be placed before it by the Syndicate and to consider and pass the budget according to the provisions of the Statutes;
(j) to cancel any degree, diploma, title or any other distinction granted to any person in accordance with the provisions of the Statutes;
(k) to appoint Committees and to delegate to them such functions of the Senate as it may deem fit;
(l) to make Statutes regulating the method of election to the authorities of the University, the procedure at the meetings of the Senate, the Syndicate and other authorities of the University and the quorum of members required for the transaction of business by the authorities of the University other than the Senate;
(m) to recommend to the Government the recognition of any local area within the University area as a University Centre;
(n) to co-operate with other Universities and other authorities in such manner and for such purposes as it may determine;
(o) to exercise such other powers and perform such other functions as may be assigned to it by this Act and the Statutes.
20. Meeting of the Senate. - (1) The Senate shall meet at least once in four months on dates to be fixed by the Vice-Chancellor, and one of such meetings shall be called the annual meeting.
(2) One-fifth of the total number of members of the Senate shall be the quorum for a meeting of the Senate:
Provided that such quorum shall not be required for a Convocation of the University or a meeting of the Senate held for the purpose of conferring degrees, titles, diplomas or other distinctions.
(3) The Vice-Chancellor may, whenever he thinks fit and shall, within thirty days of the receipt of a requisition in writing signed by not less than one-fourth of the total number of members of the Senate, convene a special meeting of the Senate.
(4) When a special meeting is convened on requisition, no subject other than that shown in the requisition shall be considered at the meeting.
21. The Syndicate.-The Syndicate shall be the Chief Executive body of the University and shall consist of the following members, namely:-
Ex-officio Members
(a) The Vice-Chancellor. (b) The Pro-Vice-Chancellor (c) The Secretary to Government, Higher Education or an officer not below the rank of a Joint Secretary nominated by him. (d) The Director of Public Instruction. [15][(e) The Director of Collegiate Education.] [16][(f) The Secretary to Government, Information Technology Department or an officer of the Information Technology Department not below the rank of a Joint Secretary, nominated by him.]
Other Members
(a) [17][Thirteen members] elected by the Senate from among themselves, of whom (i) [18][seven shall be persons who are not teachers, of whom one shall be a person belonging to a Scheduled Caste or a Scheduled Tribe.] (ii) two shall be Principals of first grade colleges, of whom one shall be the principal of a Government College, and (iii) four shall be teachers who are not Principals, of whom one shall be a University teacher and one shall be a teacher of a Government College.
(b) One member elected by the Senate from among the members referred to -
(i) in item (15) under the heading "Ex-officio Members"; (ii) in item (12) under the heading "Elected Members"; and (iii) in item (3) under the heading "Other Members"; in section 17.
[19][(c) The members referred to in item (4) under the heading "Other Members" in section 17, nominated by Government]
22. Term of office of members of Syndicate.- [20](1) Members of the Syndicate other than ex-officio members, shall hold office for a term of four years [from the date of their election or nomination, as the case may be][21]
Provided that no person elected in his capacity as a member of a particular body or as the holder of a particular office shall be a member of the Syndicate for a longer period than three months after he has ceased to be such member or holder of such office unless in the meanwhile he again becomes a member of that electorate or the holder of that office:
Provided further that the member referred to in item (b) under the heading "Other Members" in section 21 shall hold office for a period of one year from the date of his election or till he ceases to be a member of the Senate, whichever is earlier:
[22][Provided also that the term of the Syndicate shall be co-terminus with the term of the Senate.]
Provided also that no person other than an ex-officio member shall be eligible to hold office for more than two terms in succession.
[23][(2) Notwithstanding anything contained in the first proviso to sub-section (1), a member of the Syndicate referred to in sub-item (ii) of item (a) under the heading "Other Members" in section 21, or referred to in sub-item (iii) of that item who is a teacher of a private college or a Government college, shall not cease to be such member merely on the ground that-
(a) he has been transferred to an educational institution within the State, situated beyond the territorial limits of the University; or
(b) the college of which he is the principal or in which he is a teacher or a member of the non-teaching staff has been transferred to another University; or
(c) in the case of a teacher, he has been promoted as principal.]
23. Powers of Syndicate.- Subject to the provisions of this Act and the Statutes, the executive powers of the University including the general superintendence and control over the institutions of the University shall be vested in the Syndicate and subject likewise the Syndicate shall have the following powers, namely:-
(i) to affiliate institutions in accordance with the terms and conditions of such affiliation prescribed in this Act and the Statutes;
(ii) to make Ordinances and to amend or repeal the same;
(iii) to propose Statutes for the consideration of the Senate;
(iv) to hold, control and administer the properties and funds of the University;
(v) to direct the form, custody and use of the common seal of the University;
(vi) to arrange for and direct the inspection of colleges, hostels and other institutions and to constitute a Board of Inspection for that purpose;
(vii) to establish, maintain and manage colleges and institutes of research and other institutions of higher learning as it may from time to time deem necessary;
(viii) to appoint teachers and other employees of the University and prescribe their duties;
(ix) to create administrative, ministerial and other necessary posts;
(x) to suspend, discharge, dismiss or otherwise take any disciplinary action against teachers and other employees of the University after giving them reasonable opportunity to defend their position;
(xi) with the previous sanction of the Government, to fix and regulate the fee payable by students in colleges affiliated to the University;
(xii) to award fellowships, scholarships, studentships, bursaries, medals and prizes;
(xiii) to exercise supervision and control over the residence and discipline of students;
(xiv) to consider to financial estimates of the University and submit them to the Senate in accordance with the provisions of the Statutes made in this behalf;
(xv) to conduct University Examinations and approve and publish the results thereof; (xvi) to appoint members to the Boards of Studies;
(xvii) to approve panel of examiners and to fix their remuneration;
(xviii) to approve the appointment of teachers in private colleges;
(xix) to delegate any of its powers to the Vice-Chancellor or to a committee appointed from among its members;
(xx) to arrange for and direct the investigation into the affairs of private colleges, to issue instructions for maintaining their efficiency, for ensuring proper conditions of employment of members of their staff and payment of adequate salaries to them, and in case of disregard of such instructions to modify the conditions of affiliation or recognition or take such other steps as it deems proper in that behalf;
(xxi) to withhold or cancel the result of any candidate at any University examination;
(xxii) to accept endowments, bequests, donations and transfers of any movable and immovable properties to the University on its behalf, provided that all such endowments, bequests, donations and transfer shall be reported to the Senate at its next meetings;
(xxiii) to exercise the powers of the University under clause (xxvii) of section 5;
(xxiv) to exercise such other powers and perform such other duties as may be prescribed by this Act, the Statutes, the Ordinances , the Rules, the bye-laws and the orders.
[23A. Special power of the Syndicate.- Notwithstanding anything contained in this Act, the Syndicate shall exercise all the powers and perform all the functions of the Senate except the power of review under sub-section (1) of section 19 till the reconstitution of the Senate][24]
24. The Academic Council.- The Academic Council shall be the academic body of the University.
(2) The Academic Council shall, subject to the provisions of this Act and the Statutes, have the control and general regulation , and be responsible for the maintenance of standards, of instruction, education and examinations within the University, and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes.
(3) The Academic Council shall consist of the following members, namely:-
(a) the Vice-Chancellor; (b) the Pro-Vice-Chancellor; (c) the Director of Public Instruction; (d) the Director of Technical Education; (e) the Director of Collegiate Education; (f) the Director of Research and Studies; (g) the Director of Physical Education; (h) the Deans of Faculties; (i) the General Secretary of the University Union; (j) all the Heads of University Departments of study and research, who are not Deans of Faculties; (k) all members of the Syndicate who are not otherwise members of the Academic Council; (l) five members (other than Deans of Faculties) of whom at least one shall be a principal of a Government professional college, elected by the principals of professional colleges from among themselves; (m) seven members (other than Deans of Faculties) of whom at least one shall be a principal of a Government college, elected by the principals of first grade colleges, other than colleges of oriental languages, from among themselves; (n) two members (other than Deans of Faculties) elected by the principals of junior colleges from among themselves; (o) one principal of a college of oriental languages, not being a Dean of Faculty, nominated by the Chancellor by rotation according to seniority; (p) one member each of every subject of study ( not being a Dean of Faculty or head of a University department or principal) elected by the teachers of that subject from among themselves; (q) one headmaster and one teacher of secondary school in the University area nominated by the Chancellor; (r) one member representing each faculty, elected by the full-time post graduate students of the faculty from among themselves; (s) five external experts to be nominated by the Chancellor.
(4) Members of the Academic Council, other than the members specified in clauses (a) to (g) of sub-section (3) shall hold office for a term of four years from the date of their appointment or nomination, as the case may be:
Provided that a person who has become a member of the Academic Council in the capacity of a student shall cease to hold office on his ceasing to be a student.
25. Powers and duties of Academic Council.- Subject to the provisions of this Act and the Statutes, the Academic Council shall have the following powers, duties and functions, namely:-
(i) to advise the Senate and the Syndicate on all academic matters; (ii) to make Regulations and to amend or repeal the same; (iii) to prescribe the courses of studies in the institutions maintained by, or affiliated to, the University; (iv) to prescribe the qualifications of teachers- (a) in colleges; and (b) in the institutions maintained by the University;
(v) to prescribe the qualifications for the admission of students to the various courses of studies and to the examinations and the conditions under which exemptions may be granted; (vi) to make provision for the admission of students to the various courses of studies on the basis of merit, in order to maintain standards of education; (vii) to make proposals for the instruction and training in such branches of learning as it may think fit; (viii) to make proposals for research and advancement and dissemination of knowledge; (ix) to make proposals for the institution of professorships, readerships, lecturerships and other teaching and research posts required by the University; (x) to make proposals for the institution of fellowships, traveling fellowships, scholarships, studentships, medals and prizes; (xi) to make proposals for determining what degrees, diplomas and other academic distinctions shall be granted by the University; (xii) to decide what examinations of other Universities may be accepted as equivalent to those of the University and to negotiate with other Universities for the recognition of the examinations of the University; (xiii) to arrange for the co-ordination of studies and teaching in affiliated colleges and recognized institutions; (xiv) to exercise such other powers and perform such other duties as may be conferred or imposed on it by this Act or the Statutes, Ordinances, Regulations, Rules or bye-laws.
26. Faculties.-(1) The University may have such faculties as may be prescribed by the Statutes from time to time.
(2) Each faculty shall, subject to the control of the Academic Council have charge of the teaching and the courses of study and research in such subjects as may be assigned to such faculty by the Ordinances or Regulations.
(3) Each faculty shall consist of:
(a) the Chairman of the Boards of Studies comprised in the faculty; (b) two members elected from each Board of Studies; and (c) not less than five and more than ten members nominated by the Syndicate;
(4) Each faculty shall comprise such departments of teaching as may be prescribed by the Ordinances.
(5) Subject to the provisions of this Act, each faculty shall exercise such powers and perform such duties as may be prescribed by the Statutes.
(6) The members of faculties mentioned in sub-clause (3) shall hold office for a period of three years from their date of nomination or election as the case may be.
27. Deans of faculties.-[25][(1) There shall be a Dean of each faculty , who shall be nominated by the Chancellor in consultation with the Vice-Chancellor.]
(2) The Dean of each faculty shall be responsible for the due observance of the Statutes, Ordinances, Regulations and bye-laws relating to that faculty.
(3) The Dean of a faculty shall hold office for a term of two years and shall be eligible for [re-nomination.][26]
28. Boards of Studies.-(1) There shall be a Board of Studies attached to each department of study in the University:
Provided however that post-graduate studies in each department may have separate Board of Studies.
(2) The constitution and powers of the Boards of Studies shall be prescribed by the Statutes.
(3) Members of Boards of Studies shall hold office for a period of three years from the date of their entering into office.
29. Students' Council.- (1) There shall be a Students' Council in the University.
(2) The Students' Council shall consist of the following members, namely:-
Ex-officio Members
(a) The Vice-Chancellor who shall be the Chairman of the Council. (b) The Chairman of the University Union. (c) The General Secretary of the University Union. (d) The Director, National Cadet Corps. (e) The Officer-in-charge of the National Service Scheme in the University. (f) The Director of Physical Education. (g) The Director of Youth Affairs who shall be the Vice-Chairman of the Council.
Elected Members
(a) Ten members, not being members of the Senate or the Academic Council, elected by the members of the General Council of the University Union from among themselves, of whom two shall be women.
(b) Three members elected from among the full time students of the departments of the University in such manner as may be prescribed.
(c) Two members, other than students, elected by the members of the Senate from among themselves.
(d) One member elected by the members of the Syndicate from among themselves.
(e) One member elected by the members of the Academic Council from among themselves.
Other Members
Five students who have distinguished themselves in academic field sports or fine arts, nominated by the Vice-Chancellor after giving due consideration to the representation of special interest.
(3) A member nominated by the Vice-Chancellor in consultation with the Chairman of the University Union from among the elected Student members of the Council shall be the Secretary to the Council.
(4) The members of the Students' Council other than ex-officio members shall hold office for a term of one year from the date of their election or nomination, as the case may be.
30. Powers and duties of Students' Council.- (1) Subject to the provisions of this Act and the Statutes, the Students' Council shall have the following powers, duties and functions, namely:-
(a) to make recommendations to the Syndicate and to the Academic Council in matters affecting the academic work of the students, such as the structure of courses and pattern of instruction, the corporate life of the University in so far as it concerns the students, and the co-curricular and extra-curricular activities in the University;
(b) to make suggestions to the Syndicate and the Academic Council in respect of all rules relating to discipline or welfare of the students, sports, working of literary and other societies, management of hostels, student homes and non-resident student centres, extension work, social work, students' health, National Service Scheme and National Cadet Corps and such other matters as may be specified in the Statutes;
(c) to communicate its views, observations and recommendations to any authority of the University in respect of any matter which concerns the students:
Provided that if any question arises as to whether a matter does or does not concern the students, the question shall be decided by the Chairman of the Students' Council and his decision shall be final;
(d) to take such steps as are necessary for the general welfare of students;
(e) to exercise such other powers and perform such other duties as may be conferred or imposed on it by this Act or the Statutes, Ordinances or Regulations.
(2) The Vice-Chancellor shall cause to be laid before the Senate and the Students' Council in such manner as may be prescribed by the Statutes, periodical reports detailing the recommendations and suggestions made by the Students' Council and the action taken thereon by the authorities to which such recommendations and suggestions were made.
31. Finance Committee.- (1) There shall be a Finance Committee to give advice to the University on any question affecting its finances.
(2) The Finance Committee shall consist of the following members, namely:-
(a) the Vice-Chancellor who shall be the Chairman; (b) the Pro-Vice-Chancellor, if any; (c) one member elected by the members of the Senate from among themselves; (d) one member elected by the members of the Syndicate from among themselves; (e) one member elected by the members of the Academic Council from among themselves; (f) the Finance Secretary to Government or an officer not below the rank of Joint Secretary nominated by him; (g) the Secretary to government, Higher Education or an officer not below the rank of Joint Secretary nominated by him. (3) The Finance Officer shall be the Secretary of the Finance Committee.
(4) The powers and functions of the Finance Committee and its procedure in financial matters, including the delegation of its powers, shall be prescribed by the Statutes.
32. Other authorities of University.- The constitution, powers and duties of such other authorities as may be declared by the Statutes to the authorities of the University, shall be prescribed by the Statutes.
33. Disqualifications for membership.- (1) No person shall be qualified for election or nomination or appointment as a member of any of the authorities of the University or for continuing as such member, if he-
(a) is below twenty-five years of age; or (b) is of unsound mind or a deaf-mute; or (c) is an undischarged insolvent; or (d) has been convicted by a court of law of an offence involving moral delinquency; or (e) has been debarred by any University from appearing in examinations, for malpractices in connection with any examination:
Provided that clause (a) shall not apply to a person elected or nominated in the capacity of a student to any of the said authorities:
Provided further that the disqualification of a person under clause (e) shall cease on the expiry of the period for which he has been debarred.
(2) If any question arises as to whether any person is disqualified under sub-section (1), the question shall be referred to the Chancellor and his decision thereon shall be final.
CHAPTER V
Statutes, Ordinances, Regulations, Rules and Bye-laws
34. The Statutes.- Subject to the provisions of this Act, the Statute may provide for all or any of the following matters, namely:-
(a) the powers and duties of the officers of the University , not specifically provided for in this Act;
(b) the constitution, powers and duties of the authorities of the University, not specifically provided for in this Act;
(c) the procedure for election of members of the Senate, the Syndicate, the Academic Council and other authorities of the University and all such other matters relating to these bodies, as may be necessary or desirable to provide;
(d) award of degrees, diplomas, titles, certificates and other academic distinctions by the University;
(e) the withdrawal or cancellation of degrees, diplomas, titles, certificates and other academic distinctions;
(f) the maintenance of a register of registered graduates;
(g) the holding of convocations to confer degrees;
(h) the conditions and procedure for affiliation of colleges;
(i) conferment of honorary degrees;
(j) the maintenance of the accounts and the preparation and passing of the annual budget of the University;
(k) all other matters which by this Act are to be, or may be, prescribed by Statutes.
35. Procedure for making Statutes.- (1) The Senate may of its own motion take into consideration the draft of a Statute:
Provided that, in any such case, before a Statute is passed, the Senate shall obtain and consider the opinion of the Syndicate.
(2) The Syndicate may propose to the Senate the draft of any Statute for consideration and such draft shall be considered by the Senate at its next meeting.
(3) The Senate may approve the draft of a Statute proposed by the Syndicate and pass the Statute or may reject it or return it to the Syndicate for reconsideration, either in whole or in Part together with amendments which the senate may suggest.
(4) After any draft returned by the Senate under sub-section (3) has been further considered by the Syndicate, together with any amendment suggested by the Senate, it shall be again presented to the Senate with the report of the Syndicate thereon, and the Senate may then deal with the draft in any manner it thinks fit.
(5) Where any Statutes has been passed by the Senate, it shall be submitted to the Chancellor who may refer the Statute back to the Senate for further consideration or assent thereto or withhold his assent.
(6) No Statute passed by the Senate shall be valid or come into force until assented to by the Chancellor.
(7) The Syndicate 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 Senate.
(8) No Statute providing for the conditions for, or procedure relating to, the affiliation of private colleges shall be passed by the Senate without the previous approval of the Government.
36. Ordinances.- Subject to the provisions of this Act and the Statutes the Syndicate shall have power to make Ordinances providing for all or any of the following matters, namely:-
(a) the levy of fees in colleges and other institutions, by the University; . (b) the residence and discipline of students; (c) the work load and pattern of teaching staff in colleges; (d) the fixation of the scales of pay of various posts in the University and the terms and conditions of service of officers of the University; and (e) all other matters which by this Act or the Statutes are to be, or may be, provided for by the Ordinances.
37. Procedure for making Ordinances.- (1) All Ordinances made under this Act shall have effect from such date as the Syndicate may direct, but every Ordinance so made and the repeal of any Ordinance shall be laid before the Senate during its next succeeding meeting.
(2) If any Ordinance or repeal of an Ordinance is not laid before the Senate as required by sub-section (1), the Ordinance shall lapse or, as the case may be, the Ordinance repealed shall revive, after the next succeeding meeting of the Senate.
(3) Subject to the provisions of sub-sections (1) and (2), the procedure to be followed in making, amending or repealing Ordinances shall be prescribed by the Statutes.
(4) No Ordinance involving expenditure shall be valid or come into force until assented to by the Chancellor.
38. Regulations.- Subject to the provisions of this Act, the Statutes and the Ordinances, the Academic Council may make Regulations providing for all or any of the following matters, namely:- (a) the courses of studies and the conduct of examinations; (b) the admission of students to the various courses of study and to the examinations; (c) the qualifications of teachers; (d) the appointment and prescription of duties of the Boards of Studies and examiners; (e) recognition of examinations, degrees and diplomas of other Universities as equivalent to the examinations, degrees and diplomas of the University; and (f) all other matters which under the provisions of this Acts, the Statutes and the Ordinances are to be, or may be, prescribed by Regulations.
39. Procedure for making Regulations.- (1) 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 Senate during its next succeeding meeting.
(2) Subject to the provisions of sub-section (1), the procedure to be followed in making, amending or repealing Regulations shall be prescribed by the Statutes.
40. Rules, bye-laws and orders.- (1) The Syndicate shall have power to make rules, bye-laws and orders not inconsistent with the provisions of the Act, the Statutes, the Ordinances and the Regulations, for the guidance and working of Boards and Committees and other bodies constituted under the provisions of this Act, or the Statutes or the Ordinances or the Regulations and for regulating the procedure and conduct of business at meetings of any authority of the University other than the Senate.
(2) All such rules, bye-laws and orders shall have effect from such date as the Syndicate may direct; but every such rule, bye-law or order shall be submitted to the Senate during its next succeeding meeting.
(3) The Senate shall have power to cancel or modify any such rule, bye-law or order.
41. Publication in the Gazette.- All Statutes, Ordinances and Regulations made under this Act shall be published in the Gazette.
CHAPTER VI
Election to the Senate, the Syndicate and the other bodies of the University, filling up of vacancies and resignation, removal, etc., of Members of Authorities and Bodies
42.Election of members to the Senate, Syndicate and other bodies of the University.- The election of members to the Senate, the Syndicate and other bodies of the University shall be held in accordance with the system of proportional representation by means of the single transferable vote and in accordance with the procedure prescribed by the Statutes, and the voting at such elections shall be by secret ballot.
43. Filling up of vacancies.-(1) All vacancies among the members (other than ex-officio members) of any authority or body of the University by reason of death, resignation or otherwise shall be filled, as soon as may be, by the person or authority who or which appointed, elected or nominated the member whose place has become vacant.
(2) Any person appointed, elected or nominated under sub-section (1) shall hold office as member so long only as the member in whose place he is appointed, elected or nominated as the case may be, would have been entitled to hold office if the vacancy had not occurred.
44. Resignation or removal of members of any authority or body.- (1)Any member of any authority or body of the University may resign his office by letter addressed to the Registrar.
(2) The Senate may, on the recommendation of not less than two thirds of the number of members of the Syndicate, remove the name of any person convicted by a court of law of any offence involving moral delinquency or punished by the University for malpractice connected with any University examination from the register of registered graduates or remove any such person from membership of any authority or body of the University and for the same reason may withdraw any degree or diploma conferred on or granted by the University.
(3) The Senate may also remove any person from the membership of any authority or body of the University if he becomes of unsound mind or a deaf-mute or has applied to be adjudicated or has been adjudicated an insolvent.
(4) If an elected member of any authority or body of the University fails to attend three consecuti |