The calicut University Act ,1975
Kerala · state statute
Open in Lexace · Ask the AI about this act14 The Calicut University Act, 1975 GOVERNMENT OF KERALA LAW DEPARTMENT NOTIFICATION * No. 2455/F1/75/Law Dated, Trivandrum, 2™ April 1975/ 12" Chaithra, 1897. The following Act of the Kerala State Legislature is hereby published for general information. The Bill as passed by the Legislative Assembly received the assent of the Governor on the 2™ day of April, 1975. By order of the Governor, M.SEKHARAN, Law Secretary ( * Published as Extraordinary Gazette No.160 dated 02.04.1975) ACT 5 OF 1975 THE CALICUT UNIVERSITY ACT, 1975 An Act to provide for the reorganization of the University of Calicut. Preamble: WHEREAS it is expedient to reorganize the University of Calicut with a view to establish a teaching, residential and affiliating University for the northern districts of the State of Kerala; BE it enacted in the Twenty-sixth year of the Republic of India as follows:- CHAPTER I Preliminary 1. Short title and commencement: (1) This Act may be called the Calicut University Act, 1975. (2) Section 64 shall come into force on such date as the Government may, by notification in the Gazette,appoint, and the other provisions of this Act shall be deemed to have come into force on the 9" day of September, 1974. 2. Definitions: In this Act, unless the context otherwise requires, - (1) “Academic Council” means the Academic Council of the University; (2) “affiliated college” means a college affiliated to the University in accordance with the provisionsof this Act and the Statutes and in which instruction is provided in accordance with the provisions of the Statutes, Ordinances and Regulations; (3) “annual meeting” means one of the ordinary meeting of the Senate held every year under sub-section (1 )of section 20 and declared by the Statutes to be the annual meeting of the Senate Act 15 (4) “Appellate Tribunal’means the Appellate Tribunal constituted under sub-section(1)of section ’ (5) “Board of Studies” means a Board of Studies of the University; (6) “Chancellor” means the Chancellor of the University; (7) “college” means an institution maintained by, or affiliated to, the University, in which instruction is provided in accordance with the provisions of the Statutes, Ordinances and Regulations; (8) “department” means a department designated as such by the Ordinance or Regulations with reference to a subject or group of subjects; (9) “educational agency” means any person or body of persons who or which establishes and maintains a private college or more than one private college; (10) “faculty” means a faculty of the University; (11) “government college” means a college maintained by the Government and affiliated to the University; (12) “hostel” means a unit of residence for the students of the University or the colleges or institutions maintained by or affiliated to, the University in accordance with the provisions of this Act or the Statutes or Ordinances; (13) “non-teaching staff’ of the University or a college means the employees of the University or that college, other than teachers; (14) “prescribed’ means prescribed by this Act, or the Statutes, Ordinances, Regulations, rules or bye-laws made thereunder; (15) “principal” means the head of a college; (16) “private college” means a college maintained by an educational agency other than the Government or the University an affiliated to the University*; “but shall not include a college which is administered and managed by a society registered under the Societies Registration Act, 1860 (Central Act 21 of 1860) and which is a joint and co-operative enterprise of the Central Government and the Government of Kerala;”. (* Inserted by Act 14 of 1977) (17) “Pro-Chancellor” means the Pro-Chancellor of the University; (18) “Pro-Vice-Chancellor’ means the Pro- Vice-Chancellor of the University. (19) “recognised institution” means an institution for research or special studies, other than an affiliated college, recognised as such by the University; (20) xx xx x (Omitted by Act 2 of 2005) (21) “Senate” means the Senate of the University; (22) “State” means the State of Kerala; (23) “Statutes”, “Ordinance”, “Regulations”, “bye-laws” and “rules” means respectively the “Statutes”’, “Ordinance”, “Regulations”, “bye-laws” and “rules” of the University. (24) “Student” means a part-time or full-time student receiving instruction or carrying on research in any of the colleges or recognised institutions; (25) “Students’Council” means the Students’ Council of the University; (26) “Syndicate” means the Syndicate of the University; 16 The Calicut University Act, 1975 (27) “teacher” means a principal, professor, associate professor, assistant professor, reader, lecturer, instructor, or such other person imparting instruction or supervising research in any of the colleges or recognised institutions and whose appointment has been approved by the University; (28) “teacher of the University” means a person employed as teacher in any institution maintained by the University; (28A) “un-aided college” means a private college not entitled to any financial assistance from the Government or the University; * (* Inserted by Act 9 of 1995) (29) “University” means the University of Calicut constituted under this Act; (30) “University area” means the area to which the jurisdiction of the University extends under sub-section (1) of section 4; (31) “University Fund” means the Calicut University Fund established under sub-section (1) of section 45 (32) “Vice-Chancellor” means the Vice-Chancellor of the University. CHAPTER II The University 3. The University: (1) The Chancellor, the Pro-Chancellor, the Vice-Chancellor, the Pro- Vice-Chancellor if any, and the members of the Senate, the Syndicate and the Academic Council, for the time being, shall constitute a body corporate by the name of the University of Calicut. (2) The University shall have perpetual succession and a common seal, and shall sue and be sued by the said name. 4. Territorial limits: (1) The jurisdiction of the University shall extend to the revenue districts of Cannannore, Kozhikode, Malappuram, Palghat and Trichur of the State; (2) Noeducational institution situated beyond the territorial limits of the University shall, save with the sanction of the Chancellor and the government, be affiliated to the University and no educational institution within the territorial limits of the University shall, save with the sanction of the Chancellor and the Government, seek or continue affiliation to any other University established by law. 5. Powers of the University: The University shall have the following powers, namely: (i) to provide for instruction and training in such branches of learning as the University may deem fit, and to make provision for research and for the advancement and dissemination of knowledge; (ia) toconfer academic autonomy to an affiliated college, department of an affiliated college or University department; * ( */nserted by Act 2 of 2005) (ii) to institute degrees, titles, diplomas and other academic distinctions; (iii) to hold examinations and to confer degrees and other academic distinctions on persons who- (a)shall have pursued a prescribed course of study in a college under the University, unless exempted therefrom in the manner prescribed, and shall have passed the prescribed examination; or Act 17 (b) shall have carried on research under prescribed condition and which has been duly evaluated; (iv) to confer honorary degrees or other distinctions on distinguished persons in accordance with the conditions to be prescribed in the Statutes; (v) to grant diplomas, certificates or other distinctions to persons who shall have pursued a prescribed course of study under prescribed conditions; (vi) to withdraw or cancel degrees, titles, diplomas, certificates or other distinctions under conditions that may be prescribed by the Statutes, after giving the person affected a reasonable opportunity to present his case; (vii) to supervise and control the residence and discipline of students of the University, colleges and recognised institutions and to make arrangements for promoting their health and general welfare; (viii) to recognise hostels which are maintained by bodies other than the University and to withdraw such recognition; (ix) to exercise such control over the students as will ensure their physical and moral well-being; (x) to constitute a Board to entertain and if it thinks fit to adjudicate and to redress any grievances of the students of colleges, who may for any reason by aggrieved otherwise than by an act of the court; (xa) to fix the minimum infrastructural facilities that shall be provided in an un-aided college; * (xb) to fix the qualification of teachers and non-teaching staff of an aided college; * ( * Inserted by Act 2 Of 2005) (xi) to fix the fees payable to the University and to demand and receive such fees; (xii) to fix and regulate, with the previous sanction of the Government, the fees payable in colleges and recognised institutions affiliated to the University; (xiii) with the previous sanction of the Government, to regulate the emoluments and pattern and to prescribe the duties and conditions of service of teachers and non-teaching staff in private colleges; (xiv) to hold and manage endowments and bursaries and to institute and award fellowships, scholarships, studentships, medals and prizes and to organise exhibitions; (xv) to institute and provide funds wherever necessary for the maintenance of — (a) AStudents’ Advisory Bureau; (b) Anemployment Bureau; (c) A University Union for Students; (d) University Athletic Clubs; (e) The National Cadet Crops; (f) The National Service Crops; (g) University extension Boards; (h) Students’ Cultural and Debating Societies; (i) A Translation and Publication Bureau; and (j) Co-operative societies and other similar institutions for promoting the welfare of students and employees of the University; 18 The Calicut University Act, 1975 (xvi) to co-operate with other Universities or any authorities or associations in such manner and for such purposes as the University may determine; (xvii)to do all such other acts and things whether incidental to the powers aforesaid or not, as may be requisite in order to further the objects of the University as a teaching and examining body, and to cultivate and promote arts, science and other branches of learning; (xviii)to take and hold any property, movable or immovable, which may become vested in it for the purpose of the University by purchase, grant, testamentary disposition or otherwise and to grant, demise, alienate or otherwise dispose of all or any of the properties belonging to the University and also to do all other acts incidental or appertaining to a body corporate; (xix)to direct, manage and control all immovable and movable properties transferred to the University by the Government; (xx) to co-ordinate, supervise, regulate and control the conduct of teaching and research work in the affiliated colleges and the institutions recognised by the University; (xxi)to define the powers and duties of the officers of the University other than the ViceChancellor; (xxii)to provide for the inspection of affiliated colleges and to issue such directions as the University may deem fit; (xxiii)to establish, maintain and manage colleges, institutes of research and other institutions of higher studies; (xxiv)to affiliate to itself colleges in accordance with the provisions of this Act and the Statutes, Ordinances and Regulations and to withdraw affiliation of colleges; (xxv)to institute professorships, readerships, lecturerships and any other teaching and research posts required by the University and to appoint persons to such professorships, readerships, lecturerships, and other teaching and research posts; (xxvi)to establish, maintain and manage hostels; (xxvii)with the previous sanction of the government as regard the purpose and amount of loan and subject to such conditions as may be specified by the Government as to security and rate of interest, to borrow any sum of money from the Central Government, any other Government, the University Grants Commission or any other incorporated body; and (xxviii)generally to do such other acts as may be required to further the aims and purposes of this Act. 6. University open to all classes and creeds: (1) No person shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence, language, political opinion or any of them, be ineligible for, or discriminated against, in respect of any employment or office under the University or membership of any of the authorities or bodies of the University or admission to any degree or course of study in University; Provided that the University may, in consultation with the Government, affiliate any college or recognise any institution, exclusively for women, either for education, instruction or residence, or reserve for women or members of socially and educationally backward classes or of Scheduled Castes or Scheduled Tribes, places for the purpose of admission as students in any college or institution maintained or controlled by the University. Act 19 (2) In making appointments by direct recruitment to posts in any class or category in each department under the University or to posts of non-teaching staff in the University, the University shall mutatis mutandis observe the provisions of clauses (a), (b) and (c) of rule 14 and rules 15, 16 and 17 of the Kerala State and Subordinate Services Rules, 1958, as amended from time to time. CHAPTER III The Chancellor, Pro-Chancellor and Officers of the University 7. The Chancellor: (1) The Governor of Kerala shall, by virtue his office, be the Chancellor of the University (2) The Chancellor shall be the head of the University and shall, when present, preside at meetings of the Senate, and at any convocation of the University. (3) The Chancellor may, by order in writing, annul any proceeding of any of the authorities of the University which is not in conformity with this Act, the Statutes, the Ordinance, the Regulations, the rules or the bye-laws; Provided that, before making any such order, the Chancellor shall call upon such authority to show cause why such an order should not be made and consider the cause, if any, shown by such authority within a reasonable time. (4) [The Chancellor may, if he deems it necessary in the public interest or in the interest of the proper functioning of the University, suspend, dismiss or dissolve any authority of the University and- (a) In the case of suspension, take measures for the interim administration of the University (b)In the case of dismissal or dissolution, constitute such authority by nomination for the interim administration of the University, till such authority is reconstituted in accordance with the provisions of this Act. Provided that the nominated authority shall not in any case continue in office for a period exceeding one year].* ( * Inserted by Act 2 of 1998) (5) Every proposal for the conferment of an honorary degree shall be subject to confirmation by the Chancellor. (6) Anappeal shall lie to the Chancellor against any order of dismissal passed by the syndicate or the Vice-Chancellor against any person in the service of the University. (7) Anappeal under sub section (6) shall be filed within sixty days from the date of service of the order of dismissal on the person concerned. (8) The Chancellor shall, before passing any order on an appeal under sub section (6), refer the matter for advice to a Tribunal appointed by him for the purpose. (9) The Chancellor shall have power to remove the Vice-Chancellor or the Pro- Vice-Chancellor from office by an order in writing on charges of misappropriation or mismanagement of funds or misbehaviour: Provided that such charges are proved by an enquiry conducted by a person who is or has been a judge of the High Court or the Supreme Court appointed by the Chancellor for the purpose. Provided further that the Vice-Chancellor or the Pro- Vice-Chancellor shall not be removed under this section unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken against him. 20 The Calicut University Act, 1975 (10) The Chancellor shall have such other powers as may be conferred on him by this Act or the Statutes. 8. The Pro-Chancellor: (1) The Minister for the time being administering the subject of education in the State shall be the Pro-Chancellor of the University. (2) In the absence of the Chancellor or during his inability to act, the Pro-Chancellor shall exercise all the powers and perform all the functions of the Chancellor. 9. Officers of the University: the following shall be the officers of the University, namely: (i) the Vice-Chancellor; (ii) the Pro-Vice Chancellor; (iii) the Registrar; (iv) the Controller of Examinations; (v) the Finance Officer; and (vi) such other officers in the service of the University, as may be declared by the Statutes to be officers of the University. 10. The Vice-Chancellor: (1) TheVice-Chancellor shall be appointed by the Chancellor on the unanimous recommendation of the committee appointed by him consisting of three members, one elected by the Senate, one nominated by the chairman of the University Grants commission and the third nominated by the chancellor. The Chancellor shall appoint one of the members of the Committee to be its convener. The Committee shall make its recommendation within a period of three months of its appointment (or within such further period, not exceeding one month, as the Chancellor may specify on this behalf)* (*Act 21 of 1979, came into force on 03-7-1979) (2) Incase the Committee appointed under sub section (1) is unable to recommend a name unanimously, the Vice-Chancellor shall be appointed by the Chancellor from among the panel of three names submitted to him by the Committee within the period specified in (or under the said subsection )* (*Act 21 of 1979, came into force on 03-7-79) (3) Incase the Committee fails to make a unanimous recommendation as provided in sub section (1) or to submit a panel as provided in sub section (2), each member of the Committee may submit a panel of three names to the Chancellor, and the Vice-Chancellor shall be appointed from among the persons mentioned in the panels. (4) Non Submission of the panel under subsection (3) by any member of the Committee shall not invalidate the appointment of the Vice-Chancellor. (5) No person who is more than sixty years of age shall be appointed as vice-Chancellor (6) The Vice-Chancellor shall hold office for a term of four years from the date on which he enters upon his office and shall be eligible for reappointment: Provided that a person shall not be appointed as Vice-Chancellor for more than two terms. (7) The remuneration payable to, and the other conditions of service of the Vice-Chancellor shall be determined by the Chancellor* (*Act 19 of 1979). (8) The Vice-Chancellor shall be the principal academic and executive officer of the University (9) The Vice-Chancellor shall be the Chairman of the Senate, the Syndicate, the Academic Council, the Students’ Council and the Finance committee and shall be entitled to be Act 21 present at and to address any meeting of any authority of the University, but shall not be entitled to vote thereat unless he is a member of the authority concerned. (10) In the event of equality of votes at any meeting of the Senate, the Syndicate or the Academic Council or of any other authority, at which the Vice-Chancellor is the Chairman, he shall have and exercise a casting vote. (11) It shall be the duty of the Vice-Chancellor to ensure that the provisions of this Act, the Statutes, the Ordinance, the Regulations, the rules and the bye-laws are faithfully observed and carried out, and he shall have all powers necessary for this purpose. (12)The Vice-Chancellor shall have the right of visiting and inspecting colleges and other institutions maintained by, or affiliated to, the University. (13) If at any time, except when the Syndicate or the Academic Council is in session, the Vice- Chancellor is satisfied that an emergency has arisen requiring him to take immediate action involving the exercise of any power vested in the Syndicate or the Academic Council by or under this Act, the Vice-Chancellor may take such action as he deems fit, and shall, at the next session of the Syndicate or the Academic council, as the case may be, report the action taken by him to that authority for such action as it may consider necessary. (14) Subject to the provisions of the Statutes and the Ordinances, the Vice-Chancellor shall have power to appoint, suspend, dismiss or otherwise punish any member of the establishment of the University below the rank of Deputy Registrar: Provided that he may delegate any of his powers under this sub section to the Pro-Vice- Chancellor or the Registrar. (15) The vice-Chancellor shall have power to convene meetings of the Senate, the Syndicate, the Academic Council and any other authorities of the University. [(15A)Notwithstanding anything contained in this Act or in the Statutes or Ordinances made or deemed to have been made thereunder, the Vice-Chancellor may, if he is satisfied that the number of examiners in the panel of examiners approved by the Syndicate for the conduct of an examination is not sufficient for the conduct of that examination and that approval of another panel of examiners by the Syndicate will entail delay in the conduct of such examination, nominate such additional number of examiners as may be necessary for the conduct of such examination. (15B)Any person nominated by the Vice-Chancellor under sub-section (15A) shall be deemed to be an examiner included in the panel approved by the Syndicate].* (*Inserted by Act 23 of 1978) (16) It shall be the duty of the Vice-Chancellor to see that the proceedings of the University are carried on in accordance with provisions of this Act, the Statutes, the Ordinances, the Regulations, the rules and the bye-laws and to report to the Chancellor every proceeding which is not in conformity with such provisions (17) The Vice-chancellor shall exercise such other powers and perform such other functions as may be prescribed by the Statutes. (18) In the event of a temporary vacancy occurring in the office of the Vice-Chancellor is temporarily absent, the Chancellor shall make necessary arrangements for exercising the powers and performing the duties of the Vice-Chancellor. (19) In the event of the permanent vacancy occurring in the office of the Vice-Chancellor the Chancellor shall initiate action for the appointment of the Vice-Chancellor within one month of the occurrence of the vacancy and pending such appointment make necessary arrangements for exercising the powers and performing the duties of the Vice-Chancellor. 22 The Calicut University Act, 1975 11. The Pro-Vice-Chancellor: * (1) The Chancellor may, if he considers it necessary, appoint a Pro- Vice-Chancellor. (2 No person who is more than fifty-six years of age shall be appointed as Pro-Vice- Chancellor. (3) The Pro-Vice-Chancellor shall be a whole-time salaried officer of the University. (4) The Pro-Vice-Chancellor shall hold office for a term of four years and shall be eligible for re-appointment. (5) The salary and other conditions of service of the Pro-vice-Chancellor shall be determined by the Chancellor. (6) Subject to the provisions of this Act, and the Statutes, Ordinance and Regulations, the powers and functions of the Pro-Vice-Chancellor shall be determined by the Chancellor in consultation with the Vice-Chancellor. (* Amended by Act 24 of 1986) 12. The Registrar: (1) The Registrar shall be a whole-time salaried officer of the University and shall be appointed by the Syndicate for such period and on such terms as may be prescribed by the Statutes. (2) The Registrar shall exercise such powers and perform such duties as may be prescribed by the Statutes. (3) Suits by or against the University shall be instituted by or against the Registrar. 13. The Controller of Examinations : (1) The Controller of Examinations shall be a whole-time-salaried officer of the University and shall be appointed by the Syndicate for such period and on such terms as may be prescribed by the Statutes. (2) The Controller of Examinations shall exercise such powers and perform such duties as may be prescribed by the Statutes. 14. The Finance Officer: (1) The Finance Officer shall be a whole-time-salaried officer of the University and shall be appointed by the syndicate for such period and on such terms as may be prescribed by the Statutes. (2) The Finance Officer shall exercise such powers and perform duties as may be prescribed by the Statutes. 15. Appointments to be notified: the appointments of the Vice-Chancellor, the Pro- Vice-Chancellor, the Registrar, the Controller of Examinations and the Finance Officer shall be notified in the Gazette. CHAPTER IV Authorities of the University 16. Authorities of the University: The following shall be the authorities of the University, namely:- (i) the Senate; (ii) the Syndicate; (iii) the Academic Council; (iv) the Faculties; Act 23 (v) the Boards of Studies; (vi) the Students’ Council; (vii) the Finance Committee; and (viii) such other boards or bodies of the University as may be declared by the Statutes to be authorities of the University. 17. Senate: The Senate shall consist of the following members, namely:- Ex-Officio, Members (1) The Chancellor (2) The Pro-Chancellor (3) The Vice-Chancellor (4) Pro-Vice-Chancellor (5) The Finance Secretary to Government or an officer not below the rank of Joint Secretary nominated by him. (6) The Director of Public Instruction (7) The Director of Collegiate Education (8) The Secretary to Government or Additional Secretary to Government General Education to be nominated by the Government*. (* Inserted by Act 19 of 1979) (9) The Secretary to Government or Additional Secretary to Government Higher Education to be nominated by the Government*. (* Inserted by Act 19 of 1979) (9A)The Secretary to Government, Information Technology Department or an officer of the InformationTechnology Department below the rank of Joint Secretary, nominated by him.* ( * Inserted by Act 9 of 2001) (10) The Director of Technical Education (11) The Chairman, State Advisory Board of Education. (12) The Mayor of Calicut (13) Seven heads of the University departments who are not otherwise members of the Senate, to be nominated in the order of seniority by the chancellor by rotation. (14) Four Deans of the Faculties of the University who are not otherwise members of the Senate, to be nominated in the order of seniority by the Chancellor by rotation (15) The Chairman of the University Union. Elected Members (1) Seven principals elected from among themselves, of whom two shall be from among principals of Government Colleges, one from among principals of professional colleges and one from among principals of junior colleges. (2) xxxx (Omitted by Act 2 of 2005) (3) Six members elected by the members of the Legislative Assembly of Kerala from among the members representing the electorate of the University area, of whom one shall be a member of a Scheduled Caste, and one shall be a member of a Scheduled Tribe. 24 The Calicut University Act, 1975 (4) Three members elected by the teachers of the University from among themselves. (5) Five members elected by the teachers of Government Colleges from among themselves. (6) Sixteen members elected by the teachers of private colleges from among themselves. (7) One member elected by the members of the local authorities of each district in the University area from among themselves. (8) Two members elected by the registered trade unions in the University area designated by Statutes, from among their members. (9) One member elected by the members of the non-teaching staff of the University from among themselves. (10) Three members elected by the members of the non-teaching staff of the affiliated colleges from among themselves, of whom one shall be a member of the non-teaching staff of a Government College. (11) Four members elected by the manager of private colleges in the University area from among themselves. (12) Ten members elected by the members of the General Council of the University Union from among full-time students, of whom one shall be post-graduate student, one shall be research scholar, one shall be the student of a professional college and one shall be a lady student. Other Members (1) Twoheadmasters of High Schools and two teachers of schools, situated within the University area, nominated by the Chancellor. (2) Not more than eight members nominated by the chancellor representing (1) recognised research institutions; (ii) recognised cultural associations; (111) chambers of commerce; (iv) industries; (v) authors; (vi) journalist; (vii) lawyers; and (viii) sports. (3) Two members representing linguistic minorities in the University area nominated by the Chancellor-one representing Tamil speaking people and one representing Kannada speaking people. (4) Four students nominated by the Chancellor, one having outstanding academic ability in humanities, one having outstanding ability in science, one having outstanding ability in sports and one having outstanding ability in fine arts. (5) Not more that four experts nominated by the Government from the fields of Information Technology and Biotechnology.* ( * Inserted by Act 9 of 2001) 18. Reconstitution of the Senate: (1) The Senate shall be reconstituted every four years. (2) The term of office of any member referred to in items (13) and (14) under the heading “Ex- Officio Members” in section 17 shall be two years from the date of his nomination. (3) Every member of the Senate, other than ex-officio members shall, subject to the provisions of this Act and the Statutes, hold office until the next reconstitution of the Senate. Provided that no member nominated or elected in his capacity as a member of a particular body or as the holder of a particular office shall hold office for a longer period than three months after he has ceased to be such member or holder of such office, unless in the meanwhile he again becomes a member of that electorate. Act 25 Provided further that where an elected or nominated member of the Senate is appointed temporarily to any office, by virtue of which he is entitled to be a member of the Senate ex- officio, he shall, by notice in writing signed by him and communicated to the Vice-Chancellor within seven days from the date of his taking charge of his appointment, choose whether he will continue to be a member of the Senate by virtue of his election or nomination or whether he will vacate office as such member and become a member ex-officio by virtue of his appointment, and such choice shall be final: Provided also that the term of office of a member referred to in item (12) under the heading “Elected Members” in section 17 or of amember referred to in item (4) under the heading “Other Members” in that section shall be one year from the date of his election or nomination, as the case may be. (3A) Notwithstanding anything contained in the first proviso to sub-section (3), a principal elected under item (1), ora teacher of aGovernment college elected under item(5) or a teacher of a private college elected under item (6), or a member of the non teaching staff of an affiliated college elected under item (10) under the heading “Elected Members” in section 17 shall not cease to be a member of the Senate merely on the ground that- (a) he has been transferred to an educational institution within the State, situated beyond the territorial limits of the University; or (b) the college of which he is the principal or in which he is a teacher or a member of the non- teaching staff has been transferred to another University; or (c) in the case of a teacher, he has been promoted as principal* (* Substituted by Act 2 of 1976) (3B).Notwithstanding anything contained in this Act or in the Statutes no person elected under item (2) under the heading “Elected Members” in Section 17 shall cease to be a member of the Senate merely on the ground that he has ceased to be employed or normally resident within the territorial limits of the University*. ( * Inserted by Act 23 of 1979) (4) On failure of amember to make the choice under the second proviso to subsection (3), he shall be deemed to have vacated his office as an elected or nominated member. (5) When a person ceases to be amember of the Senate, he shall cease to be a member of any of the authorities of the University of which he may happen to be a member by virtue of his membership of the Senate. 19. Powers and functions of the Senate: (1) The Senate shall be the supreme authority of the University and shall have the power to review the action of the Syndicate and the Academic Council save where the Syndicate or the Academic Council has acted in accordance with the powers conferred upon it under this Act, the Statutes, the Ordinances or the Regulations, and shall exercise all the powers of the University not otherwise provided for by this Act or the Statutes: Provided that if any question arises as to whether the Syndicate or the Academic Council has acted in accordance with such powers as aforesaid or not, the question shall be decided by the Chancellor and his decision shall be final. (2) Save as otherwise expressly provided in this Act, the Senate shall have the following powers, namely:- (a) to determine what degrees, diplomas and other academic distinctions shall be granted by the University; 26 The Calicut University Act, 1975 (b) tomake, amend or repeal Statutes either of its own motion or on the motion of the Syndicate; (c) tocancel or amend by a majority of the total membership of the Senate and by a majority of not less than two-thirds of the members present and voting, any Ordinance passed by the Syndicate or any Regulation passed by the Academic Council; Provided that no Regulation shall be cancelled or amended by the Senate without giving the Academic Council an opportunity to state its opinion on the proposed cancellation or amendment; (d) to institute fellowships, scholarships, studentships, bursaries, medals and prizes and organise exhibitions in accordance with the provisions of this Act and the Statutes, Ordinance and Regulations; (e) to institute professorships, readerships, lectureships and such other teaching or research posts as it may deem necessary; (f) to establish and maintain such institutions as it may from time to time deem necessary; (g) to prescribe with the previous concurrence of the Government the terms and conditions of service of the employees of the University. (h) with the previous concurrence of the Government, to regulate the emoluments and prescribe the duties and conditions of service of teachers and non-teaching staff in private colleges; (i) to review and take such action as it may deem fit on the annual report and the annual accounts of the University which shall be placed before it by the Syndicate and to consider and pass the budget according to the provisions of the Statutes; (j) to cancel any degree, diploma, title or any other distinction granted to any person in accordance with the provisions of the Statutes; (k) to appoint committees and to delegate to them such functions of the Senate as it may deem fit; (1) to make Statutes regulating the method of election to the authorities of the University, the procedure at the meetings of the Senate, the Syndicate and other authorities of the University and the quorum of members required for the transaction of business by the authorities of the University other than the Senate; (m) to recommend to the Government the recognition of any local area within the University area as a University centre; (n) to co-operate with other Universities and other authorities in such manner and for such purposes as it may determine; (0) to exercise such other powers and perform such other functions as may be assigned to it by this Act and the Statutes. 20. Meetings of the Senate: (1) The Senate shall meet at least once in four months on dates to be fixed by the Vice- Chancellor, and one of such meetings shall be called the annual meeting (2) One-fifth of the total number of members of the Senate shall be the quorum for a meeting of the Senate; Provided that such quorum shall not be required for a convocation of the University ora meeting of the Senate held for the purpose of conferring degrees, titles, diplomas or other distinctions. Act 27 (3) The Vice-Chancellor may, whenever he thinks fit and shall, within thirty days of the receipt of a requisition in writing signed by not less than one-fourth of the total number of members of the Senate, convene a special meeting of the Senate. (4) whena special meeting is convened on requisition no subject other than that shown in the requisition shall be considered at the meeting. 21. The Syndicate: The Syndicate shall be the chief executive body of the University and shall consist of the following members, namely:- Ex-officio Members (a) The Vice-Chancellor. (b) The Pro- Vice-Chancellor. (c) The Secretary to Government, Higher Education or an officer not below the rank of a Joint Secretary nominated by him. (d) The Director of Public Instruction (e) The Director of Collegiate Education (f) The Secretary to Government, Information Technology Department an officer of the Information Technology Department not below the rank of Joint Secretary, nominated by him.* ( * Inserted by Act 9 of 2001) Other Members (a) [Thirteen members elected by the Senate from among themselves of whom; (i) seven shall be persons who are not teachers, of whom one shall bea person belonging toa Scheduled Caste or a Scheduled Tribe]* (ii) two shall be principals of first grade colleges, of whom one shall be the principal of a Government college, and (iii) four shall be teachers who are not principals, of whom one shall be a University teacher and one shall be a teacher of a Government College. (*Amendment Act 16 of 1990, came into force on 26.4.1990, Gazette dated 23.6.1990) (b) One member elected by the Senate from among the members referred to - (i) in item (15) under the heading “Ex-Officio Members’, (11) in item (12) under the heading “Elected Members’; and (111) in item (4) under the heading “Other Members”, in section 17. (c) The members referred to in item (5) under the heading “Other Members” in section 17, nominated by the Government.* ( * Inserted by Act 9 of 2001) (d) The member nominated by the Executive Council of the Kerala State Higher Education Council from among its members. * ( * Inserted by Act 24 of 2007) 22 Term of office of members of Syndicate: (1) Members of the Syndicate, other than ex-officio members, shall hold office for a term of four years from the date of their election or nomination, as the case may be * (* Amended by Act 9 of 2001) 28 The Calicut University Act, 1975 Provided that no person elected in his capacity as member of a particular body or as the holder of a particular office shall be a member of the Syndicate fora longer period than three months after he has ceased to be such member or holder of such office unless in the meanwhile he again becomes a member of that electorate or the holder of that office. Provided further that the member referred to in item (b) under the heading “Other Members” in section 21 shall hold office for a period of one year from the date of his election or till he ceases to be a member of the Senate, whichever is earlier: Provided also that the term of the Syndicate shall be co-terminus with the term of the Senate.* (* Substituted by Act 2 of 2005) Provided also that no person other than an ex-officio member shall be eligible to hold office for more than two terms in succession. (2) Notwithstanding anything contained in the first proviso to sub-section (1) a member of Syndicate referred to in sub-item (ii) of Item (a) under the heading “Other Members” in section 21, or referred to in sub-item (iii) of that item who is a teacher of a private college or a Government College, shall not cease to be such member merely on the ground that- (a) He has been transferred to an educational institution within the state, situated beyond the territorial limits of the University; or (b) The college of which he is the principal or in which he is a teacher or a member of the non- teaching staff has been transferred to another University; or (c) In the case of a teacher, he has been promoted as principal* (*Act 23 of 1977, came into force on 01-02-1976) 23. Powers of Syndicate: Subject to the provisions of the this Act and the Statutes, the executive powers of the University including the general superintendence and control over the institutions of the University shall be vested in the Syndicate and subject likewise the Syndicate shall have the following powers; namely:- (i) to affiliate institutions in accordance with the terms and conditions of such affiliation prescribed in this Act and the Statutes: (ii) to make Ordinance and to amend or repeal the same; (iii) to propose Statutes for the consideration of the Senate; (iv) to hold, control and administer the properties and funds of the University; (v) to direct the form, custody and use of the common seal of the University; (vi) to arrange for and direct the inspection of colleges, hostels and other institutions and to constitute a Board of Inspection for that purpose. (vii) to establish, maintain and manage colleges and institutes of research and other institutions of higher learning as it may from time to time deem necessary; (viii) to appoint teachers and other employees of the University and prescribe their duties; (ix) to create administrative, ministerial and other necessary posts; (x) to suspend discharge, dismiss or otherwise take any disciplinary action against teachers and other employees of the University after giving them reasonable opportunity to defend their position; Act 29 (xi) with the previous sanction of the Government, to fix and regulate the fee payable by students in colleges affiliated to the University; (xii) to award fellowships, scholarships, studentships, bursaries, medals and prizes; (xiii) to exercise supervision and control over the residence and discipline of students; (xiv) to consider the financial estimates of the University and submit them to the Senate in accordance with the provisions of the Statutes made in this behalf; (xv) to conduct University examinations and approve and publish the results thereof; (xvi) to appoint members to the Boards of Studies; (xvii) to approve panel of examiners and to fix their remuneration; (xvili)to approve the appointment of teachers in private colleges; (xix) to delegate any of its powers to the Vice-Chancellor to a committee appointed from among its members; (xx) to arrange for and direct the investigation into the affairs of private colleges, to issue instructions for maintaining their efficiency, for ensuring proper conditions of employment of members of their staff and payment of adequate salaries to them, and in case of disregard of such instructions to modify the conditions of affiliation or recognition or take such other steps as it deems proper in that behalf; (xxi) to withhold or cancel the result of any candidate at any University examination; (xxi1) to accept endowments, bequests, donations and transfers of any movable and immovable properties to the University on its behalf, provided that all such endowments, bequests, donations and transfers shall be reported to the Senate at its next meeting; (xxiii) to exercise the powers of the University under clause (xxvii) of section 5. (xxiv) to exercise such other powers and perform such other duties as may be prescribed by this Act, the Statutes, the Ordinances, the rules, the bye-laws and the orders. 23A. Special power of the Syndicate: Notwithstanding anything contained in this Act, the Syndicate shall exercise all the powers and perform all the functions of the Senate except the power of review under sub section (1) of Section 19 till the reconstitution of the Senate.* ( * Inserted by Act 2 of
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