Kerala Gazette No. 45 dated 17th November 2009.
PART I
Section i
GOVERNMENT OF KERALA
Law (Leg. Publication) Department
NOTIFICATION
No. 1795/Leg. Pbn. 3/2009/Law.
Dated, Thiruvananthapuram, 27th January, 2009.
The following Ordinance promulgated by the President of India and published
in the Gazette of India Extraordinary Part II, Section I, dated the 15th January 2009
is hereby re-published for general information.
By order of the Governor,
P. S. GOPINATHAN,
Law Secretary.
G. 123/2009/DTP. (Kannur).
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
[New Delhi, the 15th January, 2009/Pausa 25, 1930 (Saka)]
THE CENTRAL UNIVERSITIES ORDINANCE, 2009
(NO. 3 OF 2009)
Promulgated by the President in the Fifty-ninth Year of the Republic of India.
An Ordinance to establish and incorporate universities for teaching and
research in the various States and to provide for matters connected therewith or
incidental thereto.
WHEREAS a Bill to establish and incorporate universities for teaching and
research in the various States and to provide for matters connected therewith or
incidental thereto was introduced in the House of the People and referred to the
Department-related Parliamentary Standing Committee on Human Resource
Development which gave its report on the 17th day of December, 2008 but the
said Bill has not been passed;
AND WHEREAS Parliament is not in session and the President is satisfied that
circumstances exist which render it necessary for her to take immediate action to
give effect to the provisions of the said Bill with certain modifications;
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article
123 of the Constitution, the President is pleased to promulgate the following
Ordinance:—
1. Short title and commencement.—(1)
This Ordinance may be called the
Central Universities Ordinance, 2009.
(2)
It shall come into force at once.
2. Definitions.—In this Ordinance, and in all Statutes made hereunder, unless
the context otherwise requires,—
(a) “Academic Council” means the Academic Council of the University;
(b) “academic staff ” means such categories of staff as are designated as
academic staff by the Ordinances;
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(c) “Board of Studies” means the Board of Studies of a Department of
the University;
(d) “College” means a college maintained by the University;
(e) “Chancellor”, “Vice-Chancellor” and “Pro-Vice-Chancellor” mean,
respectively, the Chancellor, Vice-Chancellor and Pro-Vice-Chancellor of the
University;
(f) “Court” means the Court of the University;
(g) “Department” means a Department of Studies and includes a Centre
of Studies;
(h) “distance education system” means the system of imparting education
through any means of communication, such as broadcasting, telecasting, internet,
correspondence courses, seminars, contact programmes or the combination of any
two or more such means;
(i) “employee” means any person appointed by the University and
includes teachers and other staff of the University;
(j) “Executive Council” means the Executive Council of the University;
(k) “Hall” means a unit of residence or of corporate life for the students
of the University, or of a College or an Institution, maintained by the University;
(l) “Institution” means an academic institution, not being a College,
maintained by the University;
(m) “Principal” means the Head of a College or an Institution maintained
by the University and includes, where there is no Principal, the person for the
time being duly appointed to act as Principal, and in the absence of the Principal,
or the acting Principal, a Vice-Principal duly appointed as such;
(n) “Regulations” means the Regulations made by any authority of the
University under this Ordinance for the time being in force;
(o) “School” means a School of Studies of the University;
(p) “Statutes” and “Ordinances” mean, respectively, the Statutes and the
Ordinances of the University for the time being in force;
(q) “teachers of the Univesity” means Professors, Associate Professors,
Assistant Professors and such other persons as may be appointed for imparting
instruction or conducting research in the University or in any College or
Institution maintained by the University and are designated as teachers by the
Ordinances; and
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(r) “University” means a University established and incorporated as a
University under this Ordinance.
3.
Establishment of Universities.—(1) The Guru Ghasidas Vishwavidyalaya
in the State of Chhattisgarh and Doctor Harisingh Gour Vishwavidyalaya in the
State of Madhya Pradesh, established under the Madhya Pradesh
Vishwavidyalaya Adhiniyam, 1973, (Madhya Pradesh Act 22 of 1973) and Hemvati
Nandan Bahuguna Garhwal University in the State of Uttarakhand, established
under the Uttar Pradesh State Universities Act, 1973 (President’s Act 10 of 1973)
shall be established as bodies corporate under this Ordinance by the same names
of “Guru Ghasidas Vishwavidyalaya”, “Doctor Harisingh Gour Vishwavidyalaya”
and “Hemvati Nandan Bahuguna Garhwal University”, respectively.
(2) The headquarters of Guru Ghasidas Vishwavidyalaya, Doctor
Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal
University shall be at Bilaspur, Sagar and Srinagar, respectively.
(3) The jurisdiction of Guru Ghasidas Vishwavidyalaya, Doctor Harisingh
Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, shall
extend to the Bilaspur, Raigarh and Surguja districts of the State of Chhattisgarh,
the Sagar, Tikamgarh, Chhatarpur, Panna, Chhindwara and Damoh districts of the
State of Madhya Pradesh, and the Chamoli, Dehradun, Garhwal, Hardwar,
Rudraprayag, Tehri Garhwal and Uttarkashi districts of the State of Uttarakhand,
respectively.
(4) There shall be established, the Universities in the various States as
bodies corporate, by such names and territorial jurisdiction, as specified in the
First Schedule to this Ordinance.
(5) The headquarters of each of the Universities, referred to in sub-
section (4), shall be such as may be specified by the Central Government by
notification in the Official Gazette.
(6) The first Chancellor, the first Vice-Chancellor and the first members of
the Court, the Executive Council and the Academic Council of each University,
and all persons who may hereafter become such officers or members, so long as
they continue to hold such office or membership, are hereby constituted a body
corporate by the name of the University.
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(7) The University shall have perpetual succession and a common seal,
and shall sue and be sued by the said name.
4. Effect of establishment of Universities.—On and from the date of
commencement of this Ordinance,—
(a) any reference to Guru Ghasidas Vishwavidyalaya, Doctor Harisingh
Gour Vishwavidyalaya or Hemvati Nandan Bahuguna Garhwal University, in any
contract or other instrument shall be deemed as a reference to Guru Ghasidas
Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya, and Hemvati Nandan
Bahuguna Garhwal University, respectively, established under this Ordinance;
(b) all properties, movable and immovable, of or belonging to Guru
Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati
Nandan Bahuguna Garhwal University, shall vest in Guru Ghasidas
Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya or Hemvati Nandan
Bahuguna Garhwal University, as the case may be, established under this
Ordinance;
(c) all rights and liabilities of Guru Ghasidas Vishwavidyalaya, Doctor
Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal
University, shall be transferred to, and be the rights and liabilities of, Guru
Ghasidas Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati
Nandan Bahuguna Garhwal University, respectively, established under this
Ordinance;
(d) every person employed by Guru Ghasidas Vishwavidyalaya, Doctor
Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal
University, immediately before the commencement of this Ordinance shall hold
his office or service in Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour
Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, respectively,
established under this Ordinance by the same tenure, at the same remuneration
and upon the same terms and conditions and with the same rights and privileges
as to pension, leave, gratuity, provident fund and other matters as he would have
held the same if this Ordinance had not been promulgated, and shall continue to
do so unless and until his employment is terminated or until such tenure,
remuneration and terms and condtions are duly altered by the Statutes:
Provided that if the alteration so made is not acceptable to such employee,
his employment may be terminated by the University in accordance with the
terms of the contract with the employee or, if no provision is made therein in
this behalf, on payment to him by the University of compensation equivalent to
three months’ remuneration in case of permanent employees and one month’s
remuneration in the case of other employees:
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Provided further that every person employed before the commencement of
this Ordinance, pending the execution of a contract under section 33, shall be
deemed to have been appointed in accordance with the provisions of a contract
consistent with the provisions of this Ordinance and the Statutes:
Provided also that any reference, by whatever form of words, to the Vice-
Chancellor and Pro-Vice-Chancellor of Guru Ghasidas Vishwavidyalaya, Doctor
Harisingh Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal
University, in any law for the time being in force, or in any instrument or other
document, shall be construed as a reference to the Vice-Chancellor and the Pro-
Vice-Chancellor of Guru Ghasidas Vishwavidyalaya, Doctor Harisingh Gour
Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University, as the case
may be, established under this Ordinance;
(e) the Vice-Chancellors of Guru Ghasidas Vishwavidyalaya, Doctor
Harisingh Gour Vishwavidyalaya, appointed under the provisions of the Madhya
Pradesh Vishwavidyalaya Adhiniyam, 1973, (Madhya Pradesh Act 22 of 1973) and
the Vice-Chancellor of Hemvati Nandan Bahuguna Garhwal University, appointed
under the provisions of the Uttar Pradesh State Universities Act, 1973,
(President’s Act 10 of 1973) shall be deemed to have been appointed as the Vice-
Chancellors under this Ordinance, and shall hold office for a period of three
months or till such time the first Vice-Chancellor is appointed under section 44 of
the Ordinance, whichever is earlier; and
(f) all Colleges, Institutions, Schools or Faculties, and Departments
affiliated to, or admitted to the privileges of, or maintained by, Guru Ghasidas
Vishwavidyalaya, Doctor Harisingh Gour Vishwavidyalaya and Hemvati Nandan
Bahuguna Garhwal University shall stand affiliated to, or admitted to the
privileges of, or maintained by, Guru Ghasidas Vishwavidyalaya, Doctor Harisingh
Gour Vishwavidyalaya and Hemvati Nandan Bahuguna Garhwal University,
respectively, established under this Ordinance.
5. Objects of University.—The objects of the University shall be to
disseminate and advance knowledge by providing instructional and research
facilities in such branches of learning as it may deem fit; to make special
provisions for integrated courses in humanities, social sciences, science and
technology in its educational programmes; to take appropriate measures for
promoting innovations in teaching-learning process and inter-disciplinary studies
and research; to educate and train manpower for the development of the country;
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to establish linkages with industries for the promotion of science and technology;
and to pay special attention to the improvement of the social and economic
conditions and welfare of the people, their intellectual, academic and cultural
development.
6. Powers of University.—(1) The University shall have the following
powers, namely:—
(i) to provide for instructions in such branches of learning like natural
sciences, social sciences, humanities, engineering, technology and medicine as
the University may, from time to time, determine and to make provisions for
research and for the advancement and dissemination of knowledge;
(ii) to grant, subject to such conditions as the University may determine,
diplomas or certificates to, and confer degrees or other academic distinctions on,
persons, on the basis of examinations, evaluation or any other method of testing,
and to withdraw any such diplomas, certificates, degrees or other academic
distinctions for good and sufficient cause;
(iii) to organise and to undertake extramural studies, training and
extension services;
(iv) to confer honorary degrees or other distinctions in the manner
prescribed by the Statutes;
(v) to provide facilities through the distance education system to such
persons as it may determine;
(vi) to institute Principalships, Professorships, Associate Professorships,
Assistant Professorships and other teaching or academic positions, required by
the University and to appoint person to such Principalships, Professorships,
Associate Professorships, Assistant Professorships or other teaching or academic
positions;
(vii) to recognise an institution of higher learning for such purposes as
the University may determine and to withdraw such recognition;
(viii) to appoint persons working in any other University or academic
institution, including those located outside the country, as teachers of the
University for a specified period;
(ix) to create administrative, ministerial and other posts and to make
appointments thereto;
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(x) to co-operate or collaborate or associate with any other University or
authority or institution of higher learning, including those located outside the
country, in such manner and for such purposes as the University may determine;
(xi) to establish such centres and specialised laboratories or other units
for research and instruction as are, in the opinion of the University, necessary
for the furtherance of its objects;
(xii) to institute and award fellowships, scholarships, studentships, medals
and prizes;
(xiii) to establish and maintain Colleges, Institutions and Halls;
(xiv) to make provision for research and advisory services and for that
purpose to enter into such arrangements with other institutions, industrial or other
organisations, as the University may deem necessary;
(xv) to organise and conduct refresher courses, workshops, seminars and
other programmes for teachers, evaluators and other academic staff;
(xvi) to appoint on contract or otherwise visiting Professors, Emeritus
Professors, Consultants and such other persons who may contribute to the
advancement of the objects of the University;
(xvii) to confer autonomous status on a College or an Institution or a
Department, as the case may be, in accordance with the Statutes;
(xviii) to determine standards of admission to the University, which may
include examination, evaluation or any other method of testing;
(xix) to demand and receive payment of fees and other charges;
(xx) to supervise the residences of the students of the University and to
make arrangements for promoting their health and general welfare;
(xxi) to lay down conditions of service of all categories of employees,
including their code of conduct;
(xxii) to regulate and enforce discipline among the students and the
employees, and to take such disciplinary measures in this regard as may be
deemed by the University to be necessary;
(xxiii) to make arrangements for promoting the the health and general
welfare of the employees;
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(xxiv) to receive benefactions, donations and gifts and to acquire, hold
and manage, and to dispose of, with the previous approval of the Central
Government, any property, movable or immovable, including trust and endowment
properties, for the purposes of the University;
(xxv) to borrow, with the previous approval of the Central Government,
on the security of the property of the University, money for the purposes of the
University; and
(xxvi) to do all such other acts and things as may be necessary,
incidental or conducive to the attainment of all or any of its objects.
(2) In exercising its powers referred to in sub-section (1), it shall be the
endeavour of the University to maintain an all-India character and high standards
of teaching and research, and, the University shall, among other measures which
may be necessary for the said purpose, take, in particular, the following
measures, namely:–
(i) admission of students and recruitment of faculty shall be made on all-
India basis;
(ii) admissions of students shall be made on merit, either through
Common Entrance Tests conducted individually by the University or in
combination with other Universities, or on the basis of marks obtained in the
qualifying examination in such courses where the intake of students is small;
(iii) inter-University mobility of faculty, with portable pensions and
protection of seniority, shall be encouraged;
(iv) semester system, continuous evaluation and choice-based credit
system shall be introduced and the University shall enter into agreements with
other Universities and academic institutions for credit transfer and joint degree
programmes;
(v) innovative courses and programmes of studies shall be introduced
with a provision for periodic review and restructuring;
(vi) active participation of students shall be ensured in all academic
activities of the University, including evaluation of teachers;
(vii) accreditation shall be obtained from the National Assessment and
Accreditation Council or any other accrediting agency at the national level; and
(viii) e-governance shall be introduced with an effective management
information system.
G. 123/2009/DTP. (Kannur).
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7. University open to all castes creed race or class.—The University shall
be open to persons of either sex and of whatever caste, creed, race or class and
it shall not be lawful for the University to adopt or impose on any person, any
test whatsoever of religious belief or profession in order to entitle him to be
appointed as a teacher of the University or to hold any other office therein or to
be admitted as a student in the University or to graduate thereat or to enjoy or
exercise any privilege thereof:
Provided that nothing in this section shall be deemed to prevent the
University from making special provisions for the employment or admission of
women, persons with disabilities or of persons belonging to the weaker sections
of the society and, in particular, of the Scheduled Castes, the Scheduled Tribes
and the other socially and educationally backward classes of citizens:
Provided further that no such special provision shall be made on the
ground of domicile.
8. Visitor of University.—(1) The President of India shall be the Visitor of
the University.
(2) The Visitor may, from time to time, appoint one or more persons to
review the work and progress of the University, including Colleges and
Institutions maintained by it, and to submit a report thereon; and upon receipt of
that report, the Visitor may, after obtaining the views of the Executive Council
thereon through the Vice-Chancellor, take such action and issue such directions,
as he considers necessary, in respect of any of the matters dealt with in the
report and the University shall abide by such action and be bound to comply
with such directions.
(3) The Visitor shall have the right to cause an inspection to be made by
such person or persons, as he may direct, of the University, its buildings,
libraries, laboratories and equipment, and of any college or Institution maintained
by the University; and also of the examinations, teaching and other work
conducted or done by the University and to cause an inquiry to be made in like
manner in respect of any matter connected with the administration or finances of
the University, Colleges or Institutions.
(4) The Visitor shall, in every matter referred to in sub-section (3), give
notice of his intention to cause an inspection or inquiry to be made, to the
University, and the University shall have the right to make such representations
to the Visitor, as it may consider necessary.
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(5) After considering the representations, if any, made by the University,
the Visitor may cause to be made such inspection or inquiry as is referred to in
sub-section (3).
(6) Where any inspection or inquiry has been caused to be made by the
Visitor, the University shall be entitled to appoint a representative, who shall have
the right to be present and be heard at such inspection or inquiry.
(7) The Visitor may, if the inspection or inquiry is made in respect of the
University or any College or Institution maintained by it, address the Vice-
Chancellor with reference to the result of such inspection or inquiry together with
such views and advice with regard to the action to be taken thereon, as the
Visitor may be pleased to offer, and on receipt of address made by the Visitor, the
Vice-Chancellor shall communicate, to the Executive Council, the views of the
Visitor with such advice as the Visitor may offer upon the action to be taken
thereon.
(8) The Executive Council shall communicate through the Vice-Chancellor
to the Visitor such action, if any, as it proposes to take or has been taken upon
the result of such inspection or inquiry.
(9) Where, the Executive Council does not, within a reasonable time, take
action to the satisfaction of the Visitor, the Visitor may, after considering any
explanation furnished or representation made by the Executive Council, issue such
directions, as he may think fit, and the Executive Council shall comply with such
directions.
(10) Without prejudice to the foregoing provisions of this section, the
Visitor may, by order in writing, annual any proceeding of the University which is
not in conformity with this Ordinance, the Statutes or the Ordinances:
Provided that before making any such order, he shall call upon the
Registrar to show cause why such an order should not be made, and, if any
cause is shown within a reasonable time, he shall consider the same.
(11) The Visitor shall have such other powers as may be prescribed by
the Statutes.
9. Officers of University.—The following shall be the officers of the
University, namely:–
(1) the Chancellor;
(2) the Vice-Chancellor;
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(3) the Pro-Vice-Chancellor;
(4) the Deans of Schools;
(5) the Registrar;
(6) the Finance Officer;
(7) the Controller of Examinations;
(8) the Librarian; and
(9) such other officers as may be declared by the Statutes to be the
officers of the University.
10. Chancellor.—(1) The Chancellor shall be appointed by the Visitor in
such manner as may be prescribed by the Statutes.
(2) The Chancellor shall, by virtue of his office, be the head of the
University and shall, if present, preside at the Convocations of the University held
for conferring degrees and meetings of the Court.
11. Vice-Chancellor.—(1) The Vice-Chancellor shall be appointed by the
Visitor in such manner as may be prescribed by the Statutes.
(2) The Vice-Chancellor shall be the principal executive and academic
officer of the University and shall exercise general supervision and control over
the affairs of the University and give effect to the decisions of all the authorities
of the University.
(3) The Vice-Chancellor may, if he is of the opinion that immediate action
is necessary on any matter, exercise any power conferred on any authority of the
University by or under this Ordinance and shall report to such authority at its
next meeting the action taken by him on such matter:
Provided that if the authority concerned is of the opinion that such action
ought not to have been taken, it may refer the matter to the Visitor whose
decision thereon shall be final:
Provided further that any person in the service of the University who is
aggrieved by the action taken by the Vice-Chancellor under this sub-section
shall have the right to represent against such action to the Executive Council
within three months from the date on which decision on such action is
communicated to him and thereupon the Executive Council may confirm, modify
or reverse the action taken by the Vice-Chancellor.
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(4) The Vice-Chancellor, if he is of the opinion that any decision of any
authority of the University is beyond the powers of the authority conferred by
the provisions of this Ordinance, the Statutes or the Ordinances or that any
decision taken is not in the interest of the University, may ask the authority
concerned to review its decision within sixty days of such decision and if the
authority refuses to review the decision either in whole or in part or no decision
is taken by it within the said period of sixty days, the matter shall be referred to
the Visitor whose decision thereon shall be final.
(5) The Vice-Chancellor shall exercise such other powers and perform such
other duties as may be prescribed by the Statues or the Ordinances.
12. Pro Vice-Chancellors.—The Pro-Vice-Chancellor shall be appointed in
such manner and on such terms and conditions of service, and shall exercise
such powers and perform such duties, as may be prescribed by the Statutes.
13. Deans of Schools.—Every Dean of School shall be appointed in such
manner, and shall exercise such powers and perform such duties, as may be
prescribed by the Statutes.
14. Registrar.—(1) The Registrar shall be appointed in such manner, and on
such terms and conditions of service, as may be prescribed by the Statutes.
(2) The Registrar shall have the power to enter into agreements, sign
documents and authenticate records on behalf of the University, and shall
exercise such powers and perform such duties, as may be prescribed by the
Statutes.
15. Finance Officer.—The Finance Officer shall be appointed in such manner,
and shall exercise such powers and perform such duties, as may be prescribed
by the Statutes.
16. Controller of Examinations.—The Controller of Examinations shall be
appointed in such manner and shall exercise such powers and perform such
duties, as may be prescribed by the Statutes.
17. Librarian.—The Librarian shall be appointed in such manner and on
such terms and conditions of service, and shall exercise such powers and perform
such duties, as may be prescribed by the Statutes.
18. Other Officers.—The manner of appointment and powers and duties of
officers of the University shall be precribed by the Statutes.
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19. Authorities of University.—The following shall be the authorities of the
University, namely:–
(1) the Court;
(2) the Executive Council;
(3) the Academic Council;
(4) the Board of Studies;
(5) the Finance Committee; and
(6) such other authorities as may be declared by the Statutes to be the
authorities of the University.
20. The Court.—(1) The constitution of the Court and the term of office of
its members shall be prescribed by the Statutes:
Provided that such number of members, as may be prescribed by the
Statutes, shall be elected from among the teachers, employees and students of
the University.
(2) Subject to the provisions of this Ordinance, the Court shall have the
following powers and functions, namely:–
(a) to review, from time to time, the broad polices and programmes of the
University, and to suggest measures for the improvement and development of the
University;
(b) to consider and pass resolutions on the annual report and the annual
accounts of the University and the audit report on such accounts;
(c) to advise the Visitor in respect of any matter which may be referred to
it for advice; and
(d) to perform such other functions as may be prescribed by the
Statutes.
21. Executive Council.—(1) The Executive Council shall be the principal
executive body of the University.
(2) The constitution of the Executive Council, the term of office of its
members and its powers and functions shall be prescribed by the Statutes:
Provided that such number of members as may be prescribed by the
Statutes shall be from among the elected members of the Court.
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22. Academic Council.—(1) The Academic Council shall be the principal
academic body of the University and shall, subject to the provisions of this
Ordinance, the Statutes and the Ordinances, co-ordinate and exercise general
supervision over the academic policies of the University.
(2) The constitution of the Academic Council, the term of office of its
members and its powers and functions shall be prescribed by the Statutes:
Provided that such number of members as may be prescribed by the
Statutes shall be from among the elected members of the Court.
23. Boards of Studies.—The constitution, powers and functions of the Boards
of Studies shall be prescribed by the Statutes.
24. Finance Committee.—The constitution, powers and functions of the
Finance Committee shall be prescribed by the Statutes.
25. Other authorities of University.—The constitution, powers and functions
of other authorities, as may be declared by the Statutes to be the authorities of
the University, shall be prescribed by the Statutes.
26. Powers to make Statutes.—Subject to the provisions of this Ordinance,
the Statutes may provide for all or any of the following matters, namely:–
(a) the constitution, powers and functions of authorities and other bodies
of the University, as may be constituted from time to time;
(b) the appointment and continuance in office of the members of the
said authorities and bodies, the filling up of vacancies of members, and all other
matters relating to those authorities and other bodies for which it may be
necessary or desirable to provide;
(c) the appointment, powers and duties of the officers of the University
and their emoluments;
(d) the appointment of teachers, academic staff and other employees of
the University, their emoluments and conditions of service;
(e) the appointment of teachers and academic staff working in any other
University or organisation for a sepcific period for undertaking a joint project;
(f) the conditions of service of empoyees including provisions for
pension, insurance, provident fund, the manner of termination of service and
disciplinary action;
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(g) the principles governing the seniority of service of the employees of
the University;
(h) the procedure for arbitration in cases of dispute between employees
or students and the University;
(i) the procedure for appeal to the Executive Council by any employee or
student against the action of any officer or authority of the University;
(j) the conferment of autonomous status on a College or an Institution
or a Department;
(k) the establishment and abolition of Schools, Departments, Centres,
Halls, Colleges and Institutions;
(l) the conferment of honorary degrees;
(m) the withdrawal of degrees, diplomas, certificates and other academic
distinctions;
(n) the management of Colleges and Institutions established by the
University;
(o) the delegation of powers vested in the authorities or officers of the
University;
(p) the maintenance of discipline among the employees and students;
and
(q) all other matters which by this Ordinance are to be, or may be,
provided for by the Statues.
27. Statutes, how to be made.—(1) The first Statutes are those set out in
the Second Schedule to this Ordinance.
(2) The Executive Council may, from time to time, make new or additional
Statutes or may amend or repeal the Statutes referred to in sub-section (1):
Provided that the Executive Council shall not make, amend or repeal any
Statutes affecting the status, powers or constitution of any authority of the
University until such authority has been given an apportunity of expressing an
opinion in writing on the proposed changes, and any opinion so expressed shall
be considered by the Executive Council.
(3) Every new Statute or addition to the Statutes or any amendment or
repeal of a Statute shall require the assent of the Visitor who may assent thereto
or withhold assent or remit to the Executive Council for re-consideration.
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(4) A new Statute or a Statute amending or repealing an existing Statute
shall have no validity unless it has been assented to by the Visitor.
(5) Notwithstanding anything contained in the foregoing sub-sections, the
Visitor may make new or additional Statutes or amend or repeal the Statutes
referred to in sub-section (1) during the period of three years immediately after the
commencement of this Ordinance:
Provided that the Visitor may, on the expiry of the said period of three
years, make, within one year from the date of such expiry, such detailed Statutes
as he may consider necessary and such detailed Statutes shall be laid before
both Houses of Parliament.
(6) Notwithstanding anything contained in this section, the Visitor may
direct the University to make provisions in the Statutes in respect of any matter
specified by him and if the Executive Council is unable to implement such
direction within sixty days of its receipt, the Visitor may, after considering the
reasons, if any, communicated by the Executive Council for its inability to comply
with such direction, make or amend the Statutes suitably.
28. Power to make Ordinances.—(1) Subject to the provisions of this
Ordinance and the Statutes, the Ordinances may provide for all or any of the
following matters, namely:–
(a) the admission of students to the University and their enrolment
as such;
(b) the courses of study to be laid down for all degrees, diplomas and
certificates of the University;
(c) the medium of instruction and examination;
(d) the award of degrees, diplomas, certificates and other academic
distinctions, the qualifications for the same and the means to be taken relating to
the granting and obtaining of the same;
(e) the fees to be charged for courses of study in the University and for
admission to examinations, degrees and diplomas of the University;
(f) the conditions for award of fellowships, scholarships, studentships,
medals and prizes;
(g) the conduct of examinations, including the term of office and manner
of appointment and the duties of examining bodies, examiners and moderators;
G. 123/2009/DTP. (Kannur).
18
(h) the conditions of residence of the students of the University;
(i) the special arrangements, if any, which may be made for the residence
and teaching of women students and the prescribing of special courses of
studies for them;
(j) the establishment of Centres of Studies, Boards of Studies, Specialized
Laboratories and other Committees;
(k) the manner of co-operation and collaboration with other Universities,
institutions and other agencies including learned bodies or associations;
(l) the creation, composition and functions of any other body which is
considered necessary for improving the academic life of the University;
(m) the institution of fellowships, scholarships, studentships, medals and
prizes;
(n) the setting up of a machinery for redressal of grevances of
employees and students; and
(o) all other matters which by this Ordinance, or, the Statutes, are to be,
or, may be, provided for by the Ordinances.
(2) The first Ordinances shall be made by the Vice-Chancellor with the
previous approval of the Executive Council and the Ordinances so made may also
be amended, repealed or added to at any time by the Executive Council in the
manner prescribed by the Statutes:
Provided that in the case of Guru Ghasidas Vishwavidyalaya and Doctor
Harisingh Gour Vishwavidyalaya, and Hemavati Nandan Bahuguna Garhwal
University, till such time as the first Ordinances are not so made, in respect of
the matters that are to be provided for by the Ordinances under this Ordinance
and the Statutes, the relevant provisions of the Statutes and the Ordinances made
immediately before the commencement of this Ordinance under the provisions of
the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 (Madhya Pradesh Act 22
of 1973) and the Uttar Pradesh State Universities Act, 1973 (President’s Act 10 of
1973.), respectively, shall be applicable in so far as they are not inconsistent with
the provisions of this Ordinance and the Statutes.
29. Regulations.—The authorities of the University may make Regulations,
consistent with this Ordinance, the Statutes and the Ordinances, for the conduct
of their own business and that of the Committees, if any, appointed by them and
not provided for by this Ordinance, the Statutes or the Ordinances, in the manner
prescribed by the Statutes.
19
30. Annual report.—(1) The annual report of the University shall be prepared
under the direction of the Executive Council, which shall include, among other
matters, the steps taken by the University towards the fulfilment of its objects
and shall be submitted to the Court on or before such date as may be prescribed
by the Statutes and the Court shall consider the report in its annual meeting.
(2) The Court shall submit the annual report to the Visitor along with its
comments, if any.
(3) A copy of the annual report, as prepared under sub-section (1), shall
also be submitted to the Central Government, which shall, as soon as may be,
cause the same to be laid before both Houses of Parliament.
31. Annual accounts.—(1) The annual accounts and balance-sheet of the
University shall be prepared under the direction of the executive Council and
shall, once at least every year and at intervals of not more than fifteen months,
be audited by the Comptroller and Auditor-General of India or by such persons
as he may authorize in this behalf.
(2) A copy of the annual accounts together with the audit report thereon
shall be submitted to the Court and the Visitor along with the observations of the
Executive Council.
(3) Any observations made by the Visitor on the annual accounts shall be
brought to the notice of the Court and the observations of the Court, if any,
shall, after being considered by the Executive Council, be submitted to the Visitor.
(4) A copy of the annual accounts together with the audit report, as
submitted to the Visitor, shall also be submitted to the Central Government,
which shall, as soon as may be, cause the same to be laid before both Houses
of Parliament.
(5) The audited annual accounts after having been laid before both
Houses of Parliament shall be published in the Gazette of India.
32. Returns and information.—The University shall furnish to the Central
Government such returns or other information with respect to its property or
activities as the Central Government may, from time to time, require, within such
period as may be specified by the Central Government.
33. Conditions of service of employees.—(1) Every empoyee of the University
shall be appointed under a written contract, which shall be lodged with the
University and a copy of which shall be furnished to the employee concerned.
20
(2) Any dispute arising out of the contract between the University and
any employee shall, at the request of the employee, be referred to a Tribunal of
Arbitration consisting of one member appointed by the Executive Council, one
member nominated by the employee concerned and an umpire appointed by the
Visitor.
(3) The decision of the Tribunal shall be final and no suit shall lie in any
civil court in respect of the matters decided by the Tribunal:
Provided that nothing in this sub-section shall preclude the employee from
availing of the judicial remedies available under articles 32 and 226 of the
Constitution.
(4) Every request made by the employee under sub-section (2) shall be
deemed to be a submission to arbitration upon the terms of this section within
the meaning of the Arbitration and Conciliation Act, 1996 (26 of 1996).
(5) The procedure for regulating the work of the Tribunal shall be
prescribed by the Statutes.
34. Procedure of appeal and arbitration in disciplinary cases against
students.—(1) Any student or candidate for an examination whose name has been
removed from the rolls of the University by the orders or resolution of the Vice-
Chancellor, Discipline Committee or Examination Committee, as the case may be,
and who has been debarred from appearing at the examinations of the University
for more than one year, may, within ten days of the date of receipt of such
orders or copy of such resolution by him, appeal to the executive Council and
the Executive Council may confirm, modify or reverse the decision of the Vice-
Chancellor or the Committee, as the case may be.
(2) Any dispute arising out of any disciplinary action taken by the
University against a student shall, at the request of such student, be referred to
a Tribunal of Arbitration and the provisions of sub-sections (2), (3), (4) and (5)
of section 33 shall, as far as may be, apply to a reference made under this sub-
section.
35. Right to appeal.—Every employee or student of the University or of a
College or Institution maintained by the University shall, notwithstanding
anything contained in this Ordinance, have a right to appeal within such time as
may be prescribed by the Statutes, to the Executive Council against the decision
21
of any officer or authority of the University, or, the Principal or the management
of any College or an Institution, as the case may be, and thereupon the Executive
Council may confirm, modify or reverse the decision appealed against.
36. Provident and pension funds.—(1) The University shall constitute for the
benefit of its employees such provident or pension fund or provide such
insurance schemes as it may deem fit in such manner and subject to such
conditions as may be prescribed by the statutes.
(2) Where such provident fund or pension fund has been so constituted,
the Central Government may declare that the provisions of the Provident Funds
Act, 1925 (19 of 1925), shall apply to such fund, as if it were a Government
provident fund.
37. Disputes as to constitution of authorities and bodies.—If any question
arises as to whether any person has been duly elected or appointed as, or is
entitled to be, a member of any authority or other body of the University, the
matter shall be referred to the Visitor whose decision thereon shall be final.
38. Filling of casual vacancies.—All casual vacancies among the members
(other than ex-officio members) of any authority or other body of the University
shall be filled, as soon as may be, by the person or body who appoints, elects or
co-opts the member whose place has become vacant and the person appointed,
elected or co-opted to a casual vacancy shall be a member of such authority or
body for the residue of the term for which the person whose place he fills would
have been a member.
39. Proceedings of authorities or bodies not invalidated by vacancies.—No
act or proceedings of any authority or other body of the University shall be
invalid merely by reason of the existence of a vacancy or vacancies among its
members.
40. Protection of action taken in good faith.—No suit or other legal
proceedings shall lie against any officer or other employee of the University for
anything which is in good faith done or intended to be done in pursuance of
any of the provisions of this Ordinance, the Statutes or the Ordinances.
41. Mode of proof of University record.—Notwithstanding anything contained
in the Indian Evidence Act, 1872 (1 of 1872) or in any other law for the time being
in force, a copy of any receipt, application, notice, order, proceeding or resolution
of any authority or other body of the University, or any other document in
22
possession of the University, or any entry in any register duly maintained by the
University, if certifed by the Registrar, shall be received as Prima Facie evidence
of such receipt, application, notice, order, proceeding, resolution or document or
the existence of entry in the register and shall be admitted as evidence of the
matters and transactions therein where the original thereof would, if produced,
have been admissible in evidence.
42. Power to remove difficulties.—(1) If any difficulty arises in giving effect to
the provisions of this Ordinance, the Central Government may, by order published
in the Official Gazette, make such provisions, not inconsistent with the provisions
of this Ordinance, as appear to it to be necessary or expedient for removing the
difficulty:
Provided that no such order shall be made under this section after the
expiry of three years from the commencement of this Ordinance.
(2) Every order made under sub-section (1) shall be laid, as soon as may
be after it is made, before each House of Parliament, while it is in session, for a
total period of thirty days which may be comprised in one session or in two or
more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the order or both Houses agree that the order should
not be made, the order shall thereafter have effect only in such modified form or
be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done
under that order.
43. Statutes, Ordinances and Regulations to be published in the Official
Gazette and to be laid before Parliament.—(1) Every Statute, Ordinances or
Regulation made under this Ordinance, shall be published in the Official Gazette.
(2) Every Statute, Ordinances or Regulation made under this Ordinance,
shall be laid, as soon as may be after it is made, before each House of Parliament,
while it is in session, for a total period of thirty days which may be comprised in
one session or in two or more successive sessions, and if, before the expiry of
the session immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the Statute,
Ordinances or Regulation or both Houses agree that the Statute, Ordinances or
Regulation should not be made, the Statute, Ordinances or Regulation shall
thereafter have effect only in such modified form or be of no effect, as the case
23
may be; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that Statute,
Ordinances or Regulaltion.
(3) The power to make Statutes, Ordinances or Regulations shall include
the power to give retrospective effect, from a date not earlier than the date of
commencement of this Ordinance, to the Statute, Ordinances or Regulations or
any of them but no retrospective effect shall be given to any Statute, Ordinances
or Regulations so as to prejudicially affect the interests of any person to whom
such Statute, Ordinances or Regulations may be applicable.
44. Transitional provisions.—Notwithstanding anything contained in this
Ordinance and the Statutes,—
(a) the first Chancellor and the first Vice-Chancellor shall be appointed
by the Visitor in such manner and on such conditions as may be deemed fit and
each of the said officers shall hold office for such term, not exceeding five years,
as may be specified by the Visitor;
(b) the first Registrar and the first Finance Officer shall be appointed by
the Visitor and each of the said officers shall hold office for a term of three
years;
(c) the first Court and the first Executive Council shall consist of not
more than thirty-one members and eleven members, respectively, who shall be
nominated by the Central Government and shall hold office for a term of three
years; and
(d) the first Academic Council shall consist of not more than twenty-one
members, who shall be nominated by the Central Government and shall hold
office for a term of three years:
Provided that if any vacancy occurs in the above offices or authorities, the
same shall be filled by appointment by the Visitor or nomination by the Central
Government, as the case may be, and the person so appointed or nominated
shall hold office for so long as the officer or member in whose place he is
appointed or nominated would have held office, if such vacancy had not
occurred.
24
45. Amendment of Madhya Pradesh Act 22 of 1973.—(1) In the Madhya
Pradesh Vishwavidyalaya Adhiniyam, 1973, in the Second Schedule, the entries
relating to Guru Ghasidas Vishwavidyalaya and Doctor Harisingh Gour
Vishwavidyalaya shall be omitted.
(2) Notwithstanding such omission,—
(a) all appointments made, orders issued, degrees and other academic
distinctions conferred, diplomas and certificates awarded, privileges
granted, or other things done under the Madhya Pradesh
Vishwavidyalaya Adhiniyam, 1973 (Madya Pradesh Act 22 of 1973), shall
be deemed to have been respectively made, issued, conferred, awarded,
granted or done under the corresponding provisions of this Ordinance
and, except as otherwise provided by this Ordinance or the Statutes,
continue in force unless and until they are superseded by any order made
under this Ordinance or the Statutes; and
(b) all proceedings of Selection Committees for the appointment or
promotion of teachers that took place before the commencement of this
Ordinance and all actions of the Executive Council in respect of the
recommendations of such Selection Committees where no orders of
appointment on the basis thereof were passed before the commencement
of this Ordinance shall, notwithstanding that the procedure for selection
has been modified by this Ortdinance, be deemed to have been valid but
further proceeding in connection with such pending selections shall be
taken in accordance with the provisions of this Ordinance and be
continued from the stage where they stood immediately before such
commencement, except if the concerned authorities take, with the approval
of the Visitor, a decision to the contrary.
46. Amendment of President’s Act 10 of 1973.—(1) In the Uttar Pradesh State
Universities Act, 1973,—
(a) in sub-section (1) of section 4, the words, figures and brackets “and a
University of Garhwal which shall from April 25, 1989 be called the Hemvati
Nandan Bahuguna Garhwal University at Srinagar (District Garhwal)” shall
be omitted;
25
(b) in clause (d) of sub-section (1) of section 20, the words “the Hemvati
Nandan Bahuguna Garhwal University” shall be omitted;
(c) in sub-section (2) of section 52, for the words “the Universities of
Kumaun and Garhwal”, the words “the University of Kumaun” shall be
substituted;
(d) section 72-B shall be omitted;
(e) in the Schedule, Serial No. 8 and the entries relating thereto shall be
omitted.
(2) Notwithstanding the omission and substitution referred to in sub-
section (1),—
(a) all appointments made, orders issued, degrees and other academic
distinctions conferred, diplomas and certificates awarded, privileges
granted, or other things done under the Uttar Pradesh State Universities
Act, 1973 (President’s Act 10 of 1973), shall be deemed to have been
respectively made, issued, conferred, awarded, granted or done under the
corresponding provisions of this Ordinance and, except as otherwise
provided by this Ordinance or the Statutes, continue in force unless and
until they are superseded by any order made under this Ordinance or the
Statutes; and
(b) all proceedings of Selection Committees for the appointment or
promotion of teachers that took place before the commencement of this
Ordinance and all actions of the Executive Council in respect of the
recommendations of such Selection Committees where no orders of
appointment on the basis thereof were passed before the commencement
of this Ordinance shall, notwithstanding that the procedure for selection
has been modified by this Ordinance, be deemed to have been valid but
further proceeding in connection with such pending selections shall be
taken in accordance with the provisions of this Ordinance and be
continued from the stage where they stood immemdiately before such
commencement, except if the concerned authorities take, with the approval
of the Visitor, a decision to the contrary.
G. 123/2009/DTP. (Kannur).
26
THE FIRST SCHEDULE
[See Section 3 (4)]
Serial
Name of the State
Name of the University
Territorial jurisdiction
Number
1.
Bihar
Central University of Bihar
Whole of the State of Bihar
2.
Gujarat
Central University of Gujarat
Whole of the State of Gujarat
3.
Haryana
Central University of Haryana
Whole of the State of Haryana
4.
Himachal Pradesh
Central University of Himachal
Whole of the State of Himachal
Pradesh
Pradesh
5.
Jammu and Kashmir
Central University of Jammu
Whole of the State of Jammu
and Kashmir
and Kashmir
6.
Jharkhand
Central University of Jharkhand
Whole of the State of Jharkhand
7.
Karnataka
Central University of Karnataka
Whole of the State of Karnataka
8.
Kerala
Central University of Kerala
Whole of the State of Kerla
9.
Orissa
Central University of Orissa
Whole of the State of Orissa
10.
Punjab
Central University of Punjab
Whole of the State of Punjab
11.
Rajasthan
Central University of Rajasthan
Whole of the State of Rajasthan
12.
Tamil Nadu
Central University of Tamil Nadu
Whole of the State of Tamil Nadu
27
THE SECOND SCHEDULE
(See Section 27)
THE STATUTES OF THE UNIVERSITY
1. Chancellor.—(1)
The Chancellor shall be appointed by the Visitor from a
panel of not less than three persons recommended by the Executive Council from
amongst persons of eminence in the academic or public life of the country:
Provided that if the Visitor does not approve of any of the persons so
recommended, he may call for fresh recommendations from the Executive Council.
(2) The Chancellor shall hold office for a term of five years and shall not
be eligible for re-appointment:
Provided that notwithstanding the expiry of his term of office, the
Chancellor shall continue to hold office until his successor enters upon his office.
2. Vice-Chancellor.—(1)
The Vice-Chancellor shall be appointed by the
Visitor from out of a panel recommended by a Committee as constituted under
clause (2):
Provided that if the Visitor does not approve any of the persons included
in the panel, he may call for an extended fresh panel.
(2) The Committee referred to in clause (1) shall consist of five persons,
out of whom three shall be nominated by the Executive Council and two by the
Visitor, and one of the nominees of the Visitor shall be the convener of the
Committee:
Provided that none of the members of the Committee shall be an
employee of the University or a College or an Institution maintained by the
University or a member of any authority of the University.
(3) The Vice-Chancellor shall be a whole-time salaried officer of the
University.
(4) The Vice-Chancellor shall hold office for a term of five years from the
date on which he enters upon his office, or until he attains the age of seventy
years, whichever is earlier, and he shall not be eligible for re-appointment:
Provided that notwithstanding the expiry of the said period of five years,
he shall continue in office until his successor is appointed and enters upon his
office:
28
Provided further that the Visitor may direct any Vice-Chancellor after his
term has expired, to continue in office for such period, not exceeding a total
period of one year, as may be specified by him.
(5) Notwithstanding anything contained in clause (4), the Visitor may, at
any time after the Vice-Chancellor has entered upon his office, by order in
writing, remove the Vice-Chancellor from office on grounds of incapacity,
misconduct or violation of statutory provisions:
Provided that no such order shall be made by the Visitor unless the Vice-
Chancellor has been given a reasonable opportunity of showing cause against the
action proposed to be taken against him:
Provided further that the Visitor shall consult the Chancellor also before
making such order:
Provided also that the Visitor may, at any time before making such order,
place the Vice-Chancellor under suspension, pending enquiry.
(6) The emoluments and other conditions of service of the Vice-
Chancellor shall be as follows:—
(i) the Vice-Chancellor shall be paid a monthly salary and allowances,
other than house rent allowance, at the rates fixed by the Central Government
from time to time and he shall be entitled, without payment of rent, to use a
furnished residence throughout his term of office and no charge shall fall on the
Vice-Chancellor in respect of the maintenance of such residence.
(ii) the Vice-Chancellor shall be entitled to such terminal benefits and
allowances as may be fixed by the Central Government from time to time:
Provided that where an employee of the University, or a College or an
Institution maintained by the University, or of any other University or any
College or Institution maintained by or admitted to the privileges of, such other
University, is appointed as the Vice-Chancellor, he may be allowed to continue to
contribute to any provident fund of which he is a member and the University
shall contribute to the account of such person in that provident fund at the
same rate at which the person had been contributing immedately before his
appointment as the Vice-Chancellor:
29
Provided further that where such employee had been a member of any
pension scheme, the University shall make the necessary contribution to such
scheme.
(iii) The Vice-Chancellor shall be entitled to travelling allowance at such
rates as may be fixed by the Executive Council.
(iv) The Vice-Chancellor shall be entitled to leave on full pay at the rate of
thirty days in a calendar year and the leave shall be credited to his account in
advance in two half-yearly instalments of fifteen days each on the first day of
January and July every year:
Provided that if the Vice-Chancellor assumes or relinquishes charge of the
office of the Vice-Chancellor during the currency of a half year, the leave shall
be credited proportionately at the rate of two and-a-half days for each completed
month of service.
(v) In addition to the leave referred to in sub-clause (iv), the Vice-
Chancellor shall also be entitled to half-pay leave at the rate of twenty days for
each completed year of service, and half-pay leave may also be availed of as
commuted leave on full pay on medical certificate:
Provided that when such commuted leave is availed of, twice the amount
of half-pay leave shall be debited against half-pay leave due.
(7) If the office of the Vice-Chancellor becomes vacant due to death,
resignation or otherwise, or if he is unable to perform his duties due to ill-health
or any other cause, the Pro-Vice-Chancellor shall perform the duties of the Vice-
Chancellor:
Provided that if the Pro-Vice-Chancellor is not available, the seniormost
Professor shall perform the duties of the Vice-Chancellor until a new Vice-
Chancellor assumes office or the existing Vice-Chancellor resumes the duteis of
his office, as the case may be.
3. Powers and duties of Vice-Chancellor.—(1)
The Vice-Chancellor shall be
ex officio Chairman of the Executive Council, the Academic Council and the
Finance Committee and shall, in the absence of the Chancellor, preside at the
Convocations held for conferring degrees and at meetings of the Court.
(2) The Vice-Chancellor shall be entitled to be present at, and address,
any meeting of any authority or other body of the University, but shall not be
entitled to vote thereat unless he is a member of such authority or body.
(3) It shall be the duty of the Vice-Chancellor to see that this Ordinance,
the Statutes, the Ordinances and the Regulations are duly observed and he shall
have all the powers necessary to ensure such observance.
30
(4) The Vice-Chancellor shall have all the powers necessary for the proper
maintenance of discipline in the University and he may delegate any such powers
to such person or persons as he deems fit.
(5) The Vice-Chancellor shall have the power to convene or cause to be
convened the meetings of the Executive Council, the Academic Council and the
Finance Committee.
4. Pro-Vice-Chancellor.—(1)
The Pro-Vice-Chancellor shall be appointed by
the Executive Council on the recommendation of the Vice-Chancellor:
Provided that where the recommendation of the Vice-Chancellor is not
accepted by the Executive Council, the matter shall be referred to the Visitor who
may either appoint the person recommended by the Vice-Chancellor or ask the
Vice-Chancellor to recommend another person to the Executive Council:
Provided further that the Executive Council may, on the recommendation
of the Vice-Chancellor, appoint a Professor to discharge the duties of the Pro-
Vice-Chancellor in addition to his own duties as a Professor.
(2) The term of office of the Pro-Vice-Chancellor shall be such as may be
decided by the Executive Council but it shall not in any case exceed five years
or until the expiration of the term of office of the Vice-Chancellor, whichever is
earlier:
Provided that the Pro-Vice-Chancellor whose term of office has expired
shall be eligible for re-appointment:
Provided further that, in any case, the Pro-Vice-Chancellor shall retire on
attaining the age of seventy years:
Provided also that the Pro-Vice-Chancellor shall, while discharging the
duties of the Vice-Chancellor under clause (7) of Statute 2, continue in office
notwithstanding the expiration of his term of office as Pro-Vice-Chancellor, until
the Vice-Chancellor resumes office or a new Vice-Chancellor assumes office, as
the case may be.
(3) The emoluments and other terms and conditions of service of the Pro-
Vice-Chancellor shall be such as may be prescribed by the Ordinances.
(4) The Pro-Vice-Chancellor shall assist the Vice-Chancellor in respect of
such matters as may be specified by the Vice-Chancellor in this behalf, from time
to time, and shall also exercise such powers and perform such duties as may be
assigned or delegated to him by the Vice-Chancellor.
31
5. Deans of Schools.—(1)
Every Dean of School shall be appointed by the
Vice-Chancellor from amongst the Professors in the School by rotation in the
order of seniority for a period of three years:
Provided that in case there is only one Professor or no Professor in a
School, the Dean shall be appointed, for the time being, from amongst the
Professor, if any, and the Associate Professors in the School by rotation in the
order of seniority:
Provided further that a Dean on attaining the age of sixty-five years shall
cease to hold office as such.
(2) When the office of the Dean is vacant or when the Dean is, by
reason of illness, absence or any other cause, unable to perform duties of his
office, the duties of the office shall be performed by the seniormost Professor or
Associate Professor, as the case may be, in the School.
(3) The Dean shall be the Head of the School and shall be responsible
for the conduct and maintenance of the standards of teaching and research in
the School and shall have such other functions as may be prescribed by the
Ordinances.
(4) The Dean shall have the right to be present and to speak at any
meeting of the Boards of Studies or Committees of the School, as the case may
be, but shall not have the right to vote thereat unless he is a member thereof.
6. Registrar.—(1)
The Registrar shall be appointed by the Executive Council
on the recommendation of a Selection Committee constituted for the purpose and
shall be a whole-time salaried officer of the University.
(2) He shall be appointed for a term of five years and shall be eligible for
re-appointment.
(3) The emoluments and other terms and conditions of service of the
Registrar shall be such as may be prescribed by the Executive Council from time
to time:
Provided that the Registrar shall retire on attaining the age of sixty-two
years.
(4) When the office of the Registrar is vacant or when the Registrar is,
by reason of illness, absence or any other cause, unable to perform the duties
of his office, the duties of the office shall be performed by such person as the
Vice-Chancellor may appoint for the purpose.
32
(5) (a) The Registrar shall have power to take disciplinary action against
such of the employees, excluding teachers and other academic staff, as may be
specified in the order of the Executive Council and to suspend them pending
inquiry, to administer warnings to them or to impose on them the penalty of
censure or the withholding of increment:
Provided that no such penalty shall be imposed unless the person has been
given a reasonable opportunity of showing casue against the action proposed to
be taken in regard to him.
(b) An appeal shall lie to the Vice-Chancellor against any order of the
Registrar imposing any of the penalties specified in sub-clause (a).
(c) In a case where the inquiry discloses that a punishment beyond the
power of the Registrar is called for, the Registrar shall, upon the conclusion of
the inquiry, make a report to the Vice-Chancellor along with his
recommendations:
Provided that an appeal shall lie to the Executive Council against an order of
the Vice-Chancellor imposing any penalty.
(6) The Registrar shall be ex officio Secretary of the Executive Council and
the Academic Council, but shall not be deemed to be a member of either of these
authorities and he shall be ex officio Member-Secretary of the Court.
(7) It shall be the duty of the Registrar—
(a) to be the custodian of the records, the common seal and such other
property of the University as the Executive Council shall commit to his charge;
(b) to issue all notices convening meetings of the Court, the Executive
Council, the Academic Council and of any Committees appointed by those
authorities;
(c) to keep the minutes of all the meetings of the Court, the Executive
Council, the Academic Council and of any Committees appointed by those
authorities;
(d) to conduct the offical correspondence of the Court, the Executive
Council and the Academic Council;
(e) to supply to the Visitor, copies of the agenda of the meetings of the
authorities of the University as soon as they are issued and the minutes of such
meetings;
33
(f) to represent the University in suits or proceedings by or against the
University, sign powers of attorney and verify pleadings or depute his
representative for the purpose; and
(g) to perform such other duties as may be specified in the Statutes, the
Ordinances or the Regulations or as may be required from time to time by the
Executive Council or the Vice-Chancellor.
7. Finance Officer.—(1)
The Finance Officer shall be appointed by the
Executive Council on the recommendations of a Selection Committee constituted
for the purpose and he shall be a whole-time salaried officer of the University.
(2) The Finance Officer shall be appointed for a term of five years and
shall be eligible for re-appointment.
(3) The emoluments and other terms and conditions of service of the
Finance Officer shall be such as may be prescribed by the Executive Council from
time to time:
Provided that the Finance Officer shall retire on attaining the age of sixty-
two years.
(4) When the office of the Finance Officer is vacant or when the Finance
Officer is, by reason of illness, absence or any other cause, unable to perform the
duties of his office, the duties of the office shall be performed by such person as
the Vice-Chancellor may appoint for the purpose.
(5) The Finance Officer shall be ex officio Secretary of the Finance
Committee, but shall not be deemed to be a member of such Committee.
(6) The Finance Officer shall—
(a) exercise general supervision over the funds of the University and shall
advice it as regards its financial policy; and
(b) perform such other financial functions as may be assigned to him by
the Executive Council or as may be prescribed by the Statutes or the
Ordinances.
(7) Subject to the control of the Executive Council, the Finance Officer
shall—
(a) hold and manage the property and investments of the University
including trust and endowed property;
G. 123/2009/DTP. (Kannur).
34
(b) ensure that the limits fixed by the Executive Council for recurring and
non-recurring expenditure for a year are not exceeded and that all moneys are
expended on the purpose for which they are granted or allotted;
(c) be responsible for the preparation of annual accounts and the budget
of the University and for their presentation to the Executive Council;
(d) keep a constant watch on the state of the cash and bank balances and
on the state of investments;
(e) watch the progress of the collection of revenue and advise on the
methods of collection employed;
(f) ensure that the registers of buildings, land, furniture and equipment are
maintained up-to-date and that stock-checking is conducted, of equipment and
other consumable materials in all offices, Departments, Centres and Specialised
Laboratories;
(g) bring to the notice of the Vice-Chancellor unauthorised expenditure
and other financial irregularities and suggest disciplinary action against persons
at fault; and
(h) call for from any office, Department, Centre, Laboratory, College or
Institution maintained by the University any information or returns that he may
consider necessary for the performance of his duties.
(8) Any receipt given by the Finance Officer or the person or persons
duly authorised in this behalf by the Executive Council for any money payable to
the University shall be sufficient discharge for payment of such money.
8. Controller of Examinations.—(1)
The Controller of Examinations shall be
appointed by the Executive Council on the recommendations of a Selection
Committee constituted for the purpose and he shall be a whole-time salaried
officer of the University.
(2) The Controller of Examinations shall be appointed for a term of five
years and shall be eligible for re-appointment.
(3) The emoluments and other terms and conditions of service of the
Controller of Examinations shall be such as may be prescribed by the Executive
Council from time to time:
35
Provided that the Controller of Examinations shall retire on attaining the age
of sixty-two years.
(4) When the office of the Controller of Examinations is vacant or when
the Controller of Examinations is, by reason of illness, absence or any other cause,
unable to perform the duties of his office, the duties of the office shall be
performed by such person as the Vice-Chancellor may appoint for the purpose.
(5) The Controller of Examinations shall arrange for and superintend the
examinations of the University in the manner prescribed by the Ordinances.
9. Librarian.—(1)
The Librarian shall be appointed by the Executive
Council on the recommendations of the Selection Committee constituted for the
purpose and he shall be a whole-time salaried officer of the University.
(2) The Librarian shall exercise such powers and perform such duties as
may be assigned to him by the Executive Council.
10. Meetings of Court.—(1)
An annual meeting of the Court shall be held
on a date to be fixed by the Executive Council unless some other date has been
fixed by the Court in respect of any year.
(2) At an annual meeting of the Court, a report on the working of the
University during the previous year, together with a statement of the receipts and
expenditure, the balance sheet as audited, and the financial estimates for the next
year shall be presented.
(3) A copy of the statement of receipts and expenditure, the balance sheet
and the financial estimates referred to in clause (2) shall be sent to every member
of the Court at least seven days before the date of the annual meeting.
(4) Special meetings of the Court may be convened by the Executive
Council or the Vice-Chancellor or if there is no Vice-Chancellor, the Pro-Vice-
Chancellor or if there is no Pro-Vice-Chancellor, by the Registrar.
(5) Eleven members of the Court shall form a quorum for a meeting of the
Court.
11. Quorum for meeting of Executive Council.—Seven members of the
Executive Council shall form a quorum for a meeting of the Executive Council.
12. Powers and functions of Executive Council.—(1)
The Executive Council
shall have the power of management and administration of the revenues and
property of the University and the conduct of all administrative affairs of the
University not otherwise provided for.
36
(2) Subject to the provisions of this Ordinance, the Statutes and the
Ordinances, the Executive Council shall, in addition to all other powers vested in
it, have the following powers, namely:—
(i) to create teaching and other academic posts including Chairs, to
determine the number and emoluments of such posts and to define the duties
and conditions of service of Professors, Associate Professors, Assistant
Professors and other academic staff:
Provided that no action shall be taken by the Executive Council in respect
of the number and qualifications of teachers and other academic staff otherwise
than after consideration of the recommendations of the Academic Council;
(ii) to appoint such Professors, Associate Professors, Assistant Professors
and other academic staff including Chairs, as may be necessary, on the
recommendation of the Selection Committee constituted for the purpose and to
fill up temporary vacancies therein;
(iii) to promote inter-facial research by making joint appointments of
teaching staff in different Schools, Departments and Centres;
(iv) to create administrative, ministerial and other necessary posts and to
define their duties and conditions of their service and to make appointments
thereto in the manner prescribed by the Ordinances;
(v) to grant leave of absence to any officer of the University other than
the Chancellor and the Vice-Chancellor, and to make necessary arrangements for
the discharge of the functions of such officer during his absence;
(vi) to regulate and enforce discipline among employees in accordance
with the Statutes and the Ordinances;
(vii) to manage and regulate the finances, accounts, investments, property,
business and all other administrative affairs of the University and for that
purpose to appoint such agents as it may think fit;
(viii) to fix limits on the total recurring and the total non-recurring
expenditure for a year on the recommendation of the Finance Committee;
(ix) to invest any money belonging to the University, including any
unapplied income, in such stocks, funds, share or securities, from time to time, as
it may think fit or in the purchase of immovable property in India, with the like
powers of varying such investment from time to time;
37
(x) to transfer or accept transfers of any movable or immovable property
on behalf of the University;
(xi) to provide buildings, premises, furniture and apparatus and other means
needed for carrying on the work of the University;
(xii) to enter into, vary, carry out and cancel contracts on behalf of the
University;
(xiii) to entertain, adjudicate upon, and if thought fit, to redress any
grievances of the employees and students of the University who may, for any
reason, feel aggrieved;
(xiv) to appoint examiners and moderators and, if necessary, to remove
them, and to fix their fees, emoluments and travelling and other allowances, after
consulting the Academic Council;
(xv) to select a common seal for the University and provide for the use of
such seal;
(xvi) to make such special arrangements as may be necessary for the
residence of women students;
(xvii) to institute fellowships, scholarships, studentships, medals and
prizes;
(xviii) to provide for the appointment of Visiting Professors, Emeritus
Professors, Consultants and Scholars and determine the terms and conditions of
such appointments;
(xix) to enter into partnership with industry and non-governmental
agencies for the advancement of knowledge and establish a corpus of funds out
of the profits of such partnership; and
(xx) to exercise such other powers and perform such other duties as may
be conferred or imposed on it by this Ordinance or the Statutes.
13. Quorum of meeting of Academic Council.—Nine members of the Academic
Council shall form a quorum for a meeting of the Academic Council.
14. Powers and functions of Academic Council.—Subject to the provisions
of this Ordinance, the Statutes and the Ordinances, the Academic Council shall, in
addition to all other powers vested in it, have the following powers, namely:—
(a) to exercise general supervision over the academic policies of the
University and to give directions regarding methods of instruction, co-ordination
of teaching among the Colleges and the Institutions, evaluation of research and
improvement of academic standards;
38
(b) to bring about and promote inter-School co-ordination and to establish
or appoint such committees or boards as may be deemed necessary for the
purpose;
(c) to consider matters of general academic interest either on its own
initiative, or on a reference by a School or the Executive Council, and to take
appropriate action thereon; and
(d) to frame such Regulations and rules consistent with the Statutes and
the Ordinances regarding the academic functioning of the University, discipline,
residence, admissions, award of fellowships and studentships, fees, concessions,
corporate life and attendance.
15. Schools of Studies and Departments.—(1)
The University shall have
such Schools of Studies as may be specified in the Statutes.
(2) Every School shall have a School Board and the members of the first
School Board shall be nominated by the Executive Council for a period of three
years.
(3) The Composition, powers and functions of a School Board shall be
prescribed by the Ordinances.
(4) The conduct of the meetings of a School Board and the quorum
required for such meetings shall be prescribed by the Ordinances.
(5) (a) Every School shall consist of such Departments as may be assigned
to it by the Ordinances:
Provided that the Executive Council may, on the recommendation of the
Academic Council, establish Centres of Studies to which may be assigned such
teachers of the University as the Executive Council may consider necessary.
(b) Each Department shall consist of the following members, namely:—
(i) teachers of the Department;
(ii) persons conducting research in the Department;
(iii) Dean of the School;
(iv) Honorary Professors, if any, attached to the Department; and
(v) such other persons as may be members of the Department in
accordance with the provisions of the Ordinances.
39
16. Board of Studies.—(1)
Each Department shall have a Board of Studies.
(2) The constitution of the Board of Studies and the term of office of its
members shall be prescribed by the Ordinances.
(3) Subject to the overall control and supervision of the Academic
Council, the functions of a Board of Studies shall be to approve subjects for
research for various degrees and other requirements of research degrees and to
recommend to the concerned School Board in the manner prescribed by the
Ordinances—
(a) courses of studies and appointment of examiners for courses, but
excluding research degrees;
(b) appointment of supervisors for research; and
(c) measures for the improvement of the standard of teaching and
research:
Provided that the above functions of a Board of Studies shall, during
the period of three years immediately after the promulgation of this Ordinance, be
performed by the Department.
17. Finance Committee.—(1)
The Finance Committee shall consist of the
following members, namely:—
(i) the Vice-Chancellor;
(ii) the Pro-Vice-Chancellor;
(iii) one person to be nominated by the Court;
(iv) three persons to be nominated by the Executive Council, out of
whom at least one shall be a member of the Executive Council; and
(v) three persons to be nominated by the Visitor.
(2) Five members of the Finance Committee shall form a quorum for a
meeting of the Finance Committee.
(3) All the members of the Finance Committee, other than ex officio
members, shall hold office for a term of three years.
(4) A member of the Finance Committee shall have the right to record a
minute of dissent if he does not agree with any decision of the Finance
Committee.
(5) The Finance Committee shall meet at least thrice every year to examine
the accounts and to scrutinise proposals for expenditure.
40
(6) All proposals relating to creation of posts, and those items which
have not been included in the Budget, shall be examined by the Finance
Committee before they are considered by the Executive Council.
(7) The annual accounts and the financial estimates of the University
prepared by the Finance Officer shall be laid before the Finance Committee for
consideration and comments and thereafter submitted to the Executive Council for
approval.
(8) The Finance Committee shall recommend limits for the total recurring
expenditure and the total non-recurring expenditure for the year, based on the
income and resources of the University (which, in the case of productive works,
may include the proceeds of loans).
18. Selection Committees.—(1)
There shall be Selection Committees for
making recommendations to the Executive Council for appointment to the posts
of Professor, Associate Professor, Assistant Professor, Registrar, Finance Officer,
Controller of Examinations, Librarian and Principals of Colleges and Institutions
maintained by the University.
(2) The Selection Committee for appointment to the posts specified in
Column 1 of the Table below shall consist of the Vice-Chancellor, a nominee of
the Visitor and the persons specified in the corresponding entry in Column 2 of
the said Table:
TABLE
(1)
(2)
Professor
(i) The Dean of the School.
(ii) The Head of the Department, if he is a Professor.
(iii) Three persons not in the service of the
University, nominated by the Executive Council,
out of a panel of names recommended by the
Academic Council for their special knowledge of, or
interest in, the subject with which the Professor
will be concerned.
Associate Professor/
(i) The Head of the Department.
Assistant Professor
(ii) One Professor nominated by the Vice-Chancellor.
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(iii) Two persons not in the service of the
University, nominated by the Executive Council, out
of a panel of names recommended by the Academic
Council for their special knowledge of, or interest
in, the subject with which the Associate Professor
or Assistant Professor will be concerned.
Registrar/Finance Officer/
(i) Two members of the Executive Council
Controller of Examinations
nominated by it.
(ii) One person not in the service of the University
nominated by the Executive Council.
Librarian
(i) Two persons not in the service of the University
who have special knowledge of the subject of
the Library Science or Library Administration
nominated by the Executive Council.
(ii) One person not in the service of the University
nominated by the Executive Council.
Principal of College or
Three persons not in the service of the University
Institution maintained by
of whom two shall be nominated by the Executive
the University.
Council and one by the Academic Council for their
special knowledge of, or interest in, a subject in
which instruction is being provided by the College
or Institution.
Note 1.— Where the appointment is being made for an inter-disciplinary
project, the head of the project shall be deemed to be the Head of
the Department concerned.
Note 2.— The Professor to be nominated by the Vice-Chancellor shall be a
Professor concerned with the speciality for which the selection is
being made and the Vice-Chancellor shall consult the Head of the
Department and the Dean of School before nominating the
Professor.
(3) The Vice-Chancellor, or in his absence the Pro-Vice-Chancellor, shall
convene and preside at the meeting of the Selection Committee:
(1)
(2)
G. 123/2009/DTP. (Kannur).
42
Provided that the meeting of the Selection Committee shall be fixed after
prior consultation with, and subject to the convenience of Visitor’s nominee and
the experts nominated by the Executive Council:
Provided further that the proceedings of the Selection Committee shall not
be valid unless,—
(a) where the number of Visitor’s nominee and the persons nominated
by the Executive Council is four in all, at least three of them attend the
meeting; and
(b) where the number of Visitor’s nominee and the persons nominated
by the Executive Council is three in all, at least two of them attend the meeting.
(4) The procedure to be followed by the Selection Committee shall be laid
down in the Ordinances.
(5) If the Executive Council is unable to accept the recommendations
made by the Selection Committee, it shall record its reasons and submit the case
to the Visitor for final orders.
(6) Appointments to temporary posts shall be made in the manner
indicated below:—
(i) If the temporary vacancy is for duration longer than one academic
session, it shall be filled on the advice of the Selection Committee in accordance
with the procedure indicated in the foregoing clauses:
Provided that if the Vice-Chancellor is satisfied that in the interests of
work it is necessary to fill the vacancy, the appointment may be made on a purely
temporary basis on the advice of a local Selection Committee referred to in sub-
clause (ii) for a period not exceeding six months.
(ii) If the temporary vacancy is for a period less than a year, an
appointment to such vacancy shall be made on the recommendation of a local
Selection Committee consisting of the Dean of the School concerned, the Head
of the Department and a nominee of the Vice-Chancellor:
Provided that if the same person holds the offices of the Dean and the
Head of the Department, the Selection Committee may contain two nominees of
the Vice-Chancellor:
43
Provided further that in the case of sudden casual vacancies of teaching
posts caused by death or any other reason, the Dean may, in consultation with
the Head of the Department concerned, make a temporary appointment for a
month and report to the Vice-Chancellor and the Registrar about such
appointment.
(iii) No teacher appointed temporarily shall, if he is not recommended by a
regular Selection Committee for appoinment under the Statutes, be continued in
service on such temporary employment, unless he is subsequently selected by a
local Selection Committee or a regular Selection Committee, for a temporary or
permanent appointment, as the case may be.
19. Special mode of appointment.—(1)
Notwithstanding anything contained
in Statute 18, the Executive Council may invite a person of high academic
distinction and professional attainments to accept a post of Professor or
Associate Professor or any other equivalent academic post in the University on
such terms and conditions as it deems fit and on the person agreeing to do so
appoint him to the post:
Provided that the Executive Council may also create supernumerary posts
for a specified period for appointment of such persons:
Provided further that the number of supernumerary posts so created should
not exceed five per cent of the total posts in the University.
(2) The Executive Council may appoint a teacher or any other academic
staff working in any other University or organisation for undertaking a joint
project in accordance with the manner laid down in the Ordinances.
20. Appointment for fixed tenure.—The Executive Council may appoint a
person selected in accordance with the procedure laid down in Statute 18 for a
fixed tenure on such terms and conditions as it deems fit.
21. Committees.—(1)
An authority of the University may appoint as many
standing special Committees as it may deem fit, and may appoint to such
Committees persons who are not members of such authority.
(2) A Committee appointed under clause (1) may deal with any subject
delegated to it subject to subsequent confirmation by the authority appointing it.
44
22. Terms and conditions of service and code of conduct of teachers, etc.—
(1)
All the teachers and other academic staff of the University shall, in the
absence of any agreement to the contrary, be governed by the terms and
conditions of service and code of conduct as are specified in the Statutes, the
Ordinances and the Regulations.
(2) The emoluments of members of the academic staff shall be such as
may be prescribed by the Ordinances.
(3) Every teacher and member of the academic staff of the University
shall be appointed on a written contract, the form of which shall be prescribed by
the Ordinances.
(4) A copy of every contract referred to in clause (3) shall be deposited
with the Registrar.
23. Terms and conditions of service and code of conduct of other
employees.—(1)
All the employees of the University, other than the teachers
and other academic staff shall, in the absence of any contract to the contrary, be
governed by the terms and conditions of service and code of conduct as are
specified in the Statutes, the Ordinances and the Regulations.
(2) The manner of appointment and emoluments of employees, other than
the teachers and other academic staff, shall be such as may be prescribed by the
Ordinances.
24. Seniority list.—(1)
Whenever, in accordance with the Statutes, any
person is to hold an office or be a member of an authority of the University by
rotation according to seniority, such seniority shall be determined according to
the length of continuous service of such person in his grade and in accordance
with such other principles as the Executive Council may, from time to time,
prescribe.
(2) It shall be the duty of the Registrar to prepare and maintain in respect
of each class of persons to whom the provisions of these Statutes apply, a
complete and up-to-date seniority list in accordance with the provisions of
clause (1).
(3) If two or more persons have equal length of continuous service in a
particular grade or the relative seriority of any person or persons is otherwise in
doubt, the Registrar may, on his own motion and shall, at the request of any
such person, submit the matter to the Executive Council whose decision thereon
shall be final.
45
25. Removal of employees of University.—(1)
Where there is an allegation of
misconduct against a teacher, a member of the academic staff or other employee
of the University, the Vice-Chancellor, in the case of the teacher or a member of
the academic staff, and the authority competent to appoint (hereinafter referred to
as the appointing authority) in the case of other employee may, by order in
writing, place such teacher, member of the academic staff or other employee, as
the case may be, under suspension and shall forthwith report to the Executive
Council the circumstances in which the order was made:
Provided that the Executive Council may, if it is of the opinion, that the
circumstances of the case do not warrant the suspension of the teacher or a
member of the academic staff, revoke such order.
(2) Notwithstanding anything contained in the terms of the contract of
appointment or of any other terms and conditions of service of the employees,
the Executive Council in respect of teachers and other academic staff, and the
appointing authority in respect of other employees, shall have the power to
remove a teacher or a member of the academic staff or other employee, as the
case may be, on grounds of misconduct.
(3) Save as aforesaid, the Executive Council, or as the case may be, the
appointing authority, shall not be entitled to remove any teacher, member of the
academic staff or other employee except for a good cause and after giving three
months’ notice or on payment of three months’ salary in lieu thereof.
(4) No teacher, member of the academic staff or other employee shall be
removed under clause (2) or clause (3) unless he has been given a reasonable
opportunity of showing cause against the action proposed to be taken in regard
to him.
(5) The removal of a teacher, member of the academic staff or other
employee shall take effect from the date on which the order of removal is made:
Provided that where the teacher, member of the academic staff or other
employee is under suspension at the time of his removal, such removal shall take
effect from the date on which he was placed under suspension.
(6) Notwithstanding anything contained in the foregoing provisions of
this statute, a teacher, member of the academic staff or other employee may
resign—
(a) if he is a permanent employee, only after giving three months’
notice in writing to the Executive Council or the appointing authority, as the case
may be, or by paying three months’ salary in lieu thereof;
46
(b) if he is not a permanent employee, only after giving one month’s
notice in writing to the Executive Council or, as the case may be, the appointing
authority or by paying one month’s salary in lieu thereof:
Provided that such resignation shall take effect only on the date on
which the resignation is accepted by the Executive Council or the appointing
authority as the case may be.
26. Honorary degrees.—(1)
The Executive Council may, on the
recommendation of the Academic Council and by a resolution passed by a
majority of not less than two-thirds of the members present and voting, make
proposals to the Visitor for the conferment of honorary degrees:
Provided that in case of emergency, the Executive Council may, on its own
motion, make such proposals.
(2) The Executive Council may, by a resloution passed by a majority of
not less than two-thirds of the members present and voting, withdraw, with the
previous sanction of the Visitor, any honorary degree conferred by the University.
27. Withdrawal of degrees, etc.—The Executive Council may, by a resolution
passed by a majority of not less than two-thirds of the members present and
voting, withdraw a degree or academic distinction conferred on, or any
certificate or diploma granted to, any person by the University for good and
sufficient cause:
Provided that no such resolution shall be passed until a notice in writing has
been given to that person calling upon him to show cause within such time as
may be specified in the notice as to why such a resolution should not be
passed and until his objections, if any, and any evidence he may produce in
support of them, have been considered by the Executive Council.
28. Maintenance of discipline amongst students of University.—(1)
All
powers relating to the maintenance of discipline and disciplinary action in relation
to the students of the University shall vest in the Vice-Chancellor.
(2) There shall be a Proctor of the University to assist the Vice-Chancellor
in the exercise of the powers referred to in clause (1), who shall be appointed by
the Executive Council from amongst the Professors and Associate Professors in
the manner prescribed by the Ordinances.
(3) The Vice-Chancellor may delegate all or any of the powers referred to
in clause (1), as he deems proper, to the Proctor and to such other officers as he
may specify in this behalf.
47
(4) Without prejudice to the generality of his powers relating to the
maintenance of discipline and taking such action, as may seem to him
appropriate for the maintenance of discipline, the Vice-Chancellor may, in exercise
of such powers, by order, direct that any student or students be expelled or
rusticated, for a specified period, or be not admitted to a course or courses of
study in a College, Institution or Department or a School of the University for a
stated period, or be punished with fine for an amount to be specified in the
order or be debarred from taking an examination or examinations conducted by
the University, College, Institution or Department or a School for one or more
years, or that the results of the student or students concerned in the examination
or examinations in which he or they have appeared be withheld or cancelled.
(5) The Principals of Colleges, Institutions, Deans of Schools of Studies
and Heads of teaching Departments in the University shall have the authority to
exercise all such disciplinary powers over the students in their respective Colleges,
Institutions, Schools and teaching Departments in the University, as may be
necessary for the proper conduct of such Colleges, Institutions, Schools and
teaching Departments.
(6) Without prejudice to the powers of the Vice-Chancellor and the
Principals and other persons specified in clause (5), detailed rules of discipline
and proper conduct shall be made by the University and the Principals of
Colleges, Institutions, Deans of Schools of Studies and Heads of teaching
Departments in the University may also make such supplementary rules as they
deem necessary for the purposes stated therein.
(7) At the time of admission, every student shall be required to sign a
declaration to the effect that he submits himself to the disciplinary jurisdiction of
the Vice-Chancellor and other authorities of the University.
29. Convocations.—Convocations of the University for the Conferring of
degrees or for other purposes shall be held in such manner as may be prescribed
by the Ordinances.
30. Acting Chairman of meetings.—Where no provision is made for a
President or Chairman to preside over a meeting of any authority of the
University or any Committee of such authority or when the President or Chairman
so provided for is absent, the members present shall elect one from among
themselves to preside at such meeting.
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31. Resignation.—Any member, other than an ex officio member of the Court,
the Executive Council, the Academic Council or any other authority of the
University or any Committee of such authority may resign by letter addressed to
the Registrar and the resignation shall take effect as soon as such letter is
received by the Registrar.
32. Disqualification.—(1)
A person shall be disqualified for being chosen
as, and for being, a member of any of the authorities, or for being appointed as,
and for being, an officer, of the University if—
(i) he is of unsound mind; or
(ii) he is an undischarged insolvent; or
(iii) he has been convicted by a court of law of an offence involving
moral turpitude and sentenced in respect thereof to imprisonment for not less
than six months.
(2) If any question arises as to whether a person is or had been
subjected to any of the disqualifications mentioned in clause (1), the question
shall be referred to the Visitor and his decision shall be final and no suit or other
proceeding shall lie in any civil court against such decision.
33. Residence condition for membership and office.—Notwithstanding
anything contained in the Statutes, a person who is not ordinarily resident in
India shall not be eligible to be an officer of the University or a member of any
authority of the University.
34. Membership of authorities by virtue of membership of other bodies.—
Notwithstanding anything contained in the Statutes, a person who holds any post
in the University or is a member of any authority or body of the University in his
capacity as a member of a particular authority or body or as the holder of a
particular appointment shall hold such office or membership only for so long as
he continues to be a member of that particular authority or body or the holder of
that particular appointment, as the case may be.
35. Alumni Association.—(1)
There shall be an Alumni Association for the
University.
(2) The subscription for membership of the Alumni Association shall be
prescribed by the Ordinances.
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(3) No member of the Alumni Association shall be entitled to vote or
stand for election unless he has been a member of the Association for at least
one year prior to the date of election and is a degree holder of the University of
at least five years standing:
Provided that the condition relating to the completion of one year’s
membership shall not apply in the case of the first election.
36. Students’ Council.—(1)
There shall be constituted in the University, a
Students’ Council for every academic year, consisting of—
(i) the Dean of Students’ Welfare who shall be the Chairman of the
Students’ Council;
(ii) twenty students to be nominated by the Academic Council on the
basis of merit in studies, sports and extra-curricular activities; and
(iii) twenty students to be elected by the students as their
representatives:
Provided that any student of the University shall have the right to bring
up any matter concerning the University before the Students’ Council, if so
permitted by the Chairman, and he shall have the right to participate in the
discussions at any meeting when the matter is taken up for consideration.
(2) The functions of the Students’ Council shall be to make
suggestions to the appropriate authorities of the Univesity in regard to the
programmes of studies, students’ welfare and other matters of importance, in
regard to the working of the University in general and such suggestions shall be
made on the basis of consensus of opinion.
(3) The Students’ Council shall meet at least twice in every academic
year and the first meeting of the Council be held in the beginning of the
academic session.
37. Ordinances how to be made.—(1)
The first Ordinances made under sub-
section (2) of section 28 may be amended, repealed or added to at any time by
the Executive Council in the manner specified in the following sub-clauses.
(2) No Ordinances in respect of the matters enumerated in sub-section (1)
of section 28 of this Ordinance shall be made by the Executive Council unless a
draft of such Ordinances has been proposed by the Academic Council.
G. 123/2009/DTP. (Kannur).
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(3) The Executive Council shall not have power to amend any draft of
any Ordinances propsed by the Academic Council under clasue (2), but may
reject the proposal or return the draft to the Academic Council for re-
consideration, either in whole or in part, together with any amendment which the
Executive Council may suggest.
(4) Where the Executive Council has rejected or returned the draft of an
Ordinances proposed by the Academic Council, the Academic Council may
consider the question afresh and in case the original draft is reaffirmed by a
majority of not less than two-thirds of the members present and voting and more
than half the total number of members of the Academic Council, the draft may be
sent back to the Executive Council which shall either adopt it or refer it to the
Visitor whose decision shall be final.
(5) Every Ordinances made by the Executive Council shall come into
effect immediately.
(6) Every Ordinances made by the Executive Council shall be submitted to
the Visitor within two weeks from the date of its adoption.
(7) The Visitor shall have the power to direct the University to suspend
the operation of any Ordinance.
(8) The Visitor shall inform the Executive Council about his objection to
the Ordinances referred to in clause (7) and may, after receiving the comments of
the University, either withdraw the order suspending the Ordinances or disallow
the Ordinances, and his decision shall be final.
38. Regulations.—(1)
The authorities of the University may make
Regulations consistent with this Ordinance, the Statutes and the Ordinances for
the following matters, namely:—
(i) laying down the procedure to be observed at their meetings and the
number of members required to form a quorum;
(ii) providing for all matters which are required by this Ordinance, the
Statutes or the Ordinances to be prescribed by Regulations; and
(iii) providing for all other matters solely concerning such authorities or
committees appointed by them and not provided for by this Ordinance, the
Statutes or the Ordinances.
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(2) Every authority of the University shall make Regulations providing for
the giving of notice to the members of such authority of the dates of meeting
and of the business to be considered at meetings and for the keeping of a
record of the proceedings of meetings.
(3) The Executive Council may direct the amendment in such manner as it
may specify of any regulation made under the Statutes or the annulment of any
such Regulation.
39. Delegation of Powers.—Subject to the provisions of this Ordinance and
the Statutes, any officer or authority of the University may delegate his or its
powers to any other officer or authority or person under his or its respective
control and subject to the condition that overall responsibility for the exercise of
the powers so delegated shall continue to vest in the officer or authority
delegating such powers.
PRATIBHA DEVISINGH PATIL,
President.