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.

41

(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.

48

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.