The Cochin University Act, 1971
Kerala · state statute
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THE COCHIN UNIVERSITY ACT, 1971
(Act 30 of 1971)
CONTENTS
Preamble.
Sections
CHAPTER I
Preliminary
1. Short title and commencement.
2 Definitions,
CHAPTER II
The University
3. The University
4 Territorial Limits.
5. Powers of the University.
6. University open ito all classes and creeds.
‘ CHAPTER III
The Chanceljor, Pro-Chancellor and officers
of the University
7. The Chancellor.
8. The Pro-Chancellor.
9. Officers of the University
10 The Vice-Chancellor
11, The Pro-Vice-Chancellor.
12 The Registrar.
13. Appointments to be notified
CHAPTER IV
Authorities of the University
14. Authorities of the University.
15. Senate.
tA
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Sections
16.
17.
18.
19,
20.
21.
22.
23.
24.
25.
26.
27,
28.
29,
30
ol.
32.
33
34.
35
36.
37.
38.
39,
40,
41,
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Reconstitution of the Senate.
Powers and Functions of the Senate.
Meetings of the Senate.
The Syndicate.
Term of office of members of the Syndicate.
Powers of the Syndicate.
The Board of Graduate and Undergraduate Studies.
The Academic Council.
Powers and duties of the Academic Council.
Faculties.
Deans of Faculties.
Board of Studies.
Finance Committee.
Boards of Appointments.
CHAPTER V
Statutes, Ordinances, Regulations and Rules
The Statutes,
Procedure for making Statutes.
Ordinances.
Procedure for making Ordinances of the University.
Regulations.
Rules,
CHAPTER VI
Finance and Accounts
The University Fund.
Power to Borrow.
Annual Accounts.
Annual Financial Estimates
Audit of accounts of the University.
Annual Report.
Sections
42.
43.
44.
45.
46.
47.
48.
49,
50.
51,
52.
53
04.
59.
56.
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CHAPTER VII
Vacancies in the Authorities and Elections
Vacating of office.
Filling up of casual vacancies.
Disputes regarding membership.
CHAPTER VIII
Officers and Servants of the University
Conditions of Service.
Contracts.
Pension, Insurance and Provident Fund
CHAPTER IX
Constituent Colleges
Admission as Constituent Colleges,
CHAPTER X
Enrolment for Degrees
Eligibility for admission of Students
Residence of Students.
Honorary Degrees.
Withdrawal of Degree or Diploma.
CHAPTER XI
Miscellaneous
Protection of acts and proceedings of the Senate. the
Syndicate. Academic Council, etc.
Dispute regarding interpretation of this Act and the
Statutes, Ordinances, Regulations and Rules made
thereunder or regarding the constitution of any
authority or body.
Protection of Acts and Orders
Appointment of the first University Staff and nomina-
tion of the first University authorities.
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Sections
57. Admission of affiliated Colleges to the University.
58. Transfer of certain institutions and the services of
persons connected with such institutions to the
University oi Cochin.
59. Transitory Provisions.
60 Transfer of Government Colleges to the University.
61 Apportionment of funds and assets of the University
of Kerala.
62 Continuance of Statutes, Ordinances, etc
63. Constitution of a University Appellate Tribunal
64. Disciplinary proceedings
65 Appeal to Appellate Tribunal.
66 Powers of the Government to cause inspection of the
University.
67 Removal of difficulties
68. Inconsistency with other laws.
69. Repeal and Saving
THE COCHIN UNIVERSITY ACT, 1971 *
(Act 30 of 1971)
An Act to establish and incorporate a University at Cochin
Preamble—WHEREAS it is expedient to establish a
University of a federal type at Cochin for the development of
higher education with particular emphasis on post-graduate
studies and research in applied science, technology, industry
and commerce ;
BE it enacted in the Twenty-second Year of the Republic
of India as follows :—
CHAPTER I
Preliminary
1. Short title and commencement.—({1) This Act may be
called the Cochin University Act, 1971.
*Published in the Gazette Extra ordinary No, 367, datea “4th
August, 1971. ates
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(2) It shall come into force at once.
2 Definitions—In this Act, unless the context otherwise
requires,—
(1) “Academie Council” means the Academic Council of
the University ,
(2) “annual meeting’ means one of the ordinary
meetings of the Senate held every year under sub-section (1)
of section 18 and deciared by the Statutes to be the annual
meeting of the Senate,
(3) ‘Board of Studies’’ means a Board of Studies of the
University ;
(4) “Chancellor” means the Chancellor of the
University ;
(5) “Constituent College’ means a college admitted to
the University as a constituent college under sub-section (1) of
section 48 of the Act, and in which instruction is provided in
accordance with the provisions of this Act and the Statutes,
Ordinances, and the Regulations made thereunder from time
to time.
(6) ‘Department’ means a department designated as
such by the Ordinances or Regulations with reference to a
subject or group of subjects;
(7) “Educational Agency” means any person or body of
persons who or which establishes and maintains a college or
colleges ,
(8) “Faculty” means a Faculty of the University ;
(9) ‘Hostel’’ means a unit of residence for the students
of the University, the constituent colleges or the recognised
institutions ,
(10) “Prescribed means prescribed by this Act or the
Statutes, Ordinances, Regulations or Rules made thereunder ,
(11) “Principal” means the head of a college;
(12) “Private College’ means a college maintained by
an educational agency other than the Government or the
University ;
(13) ‘“Pro-Chancelior”’ means the Pro-Chancellor of
the University ;
(14) ‘‘Pro-Vice-Chancellor’ means the Pro-Vice-
Chancellor of the University ;
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(15) “Recognised Institution” means an institution other
than a constituent college, for research and or special] studies,
recognised as such by the University in accordance with the
provisions of this Act and the Statutes, and Ordinances ;
(15) “Recognised Institution” means an institution other
than the provisions of this Act and Statutes and includes
graduates deemed to be registered graduates under this Act
Explanation.—All registered graduates of any other Uni-
versity in the State who on the date of commencement of
this Act are employed in or are resident within the territorial
limits of the University of Cochin may apply to the University
of Cochin to get their names registered as registered graduates
of the University of Cochin Upon such registration being
granted, they shall cease to be registered graduates of the other
University and shall be deemed to be registered graduates of
the University of Cochin
(17) “Senate means” the Senate of the University ;
(18) “State” means the State of Kerala,
(19) “Statutes”, “Ordinances”, “Regulations”, and “Rules”
mean respectively the ‘Statutes’, Ordinances”, “Regulations”,
and “Rules” of the University ;
(20) “Student” means a part-time or full-time student
receiving instruction or carrying on research in any of the
institutions of the University or the constituent colleges or
recognised institutions ;
(21) “Syndicate” means the Syndicate of the University ;
(22) “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 constituent colleges or recognised institutions
and whose appointment has been approved by the University ;
(23) “Teachers of the University” mean _ persons
employed as teachers in institutions maintained by the
University ;
(24) “University” means the University of Cochin con-
stituted under this Act;
(25) “University area” means the area to which this
Act extends: a
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(26) “University Appellate Tribunal” means the Uni-
versity appellate tribunal constituted under section 63 of this
Act ,
(27) “University Fund’ means the Cochin University
Fund established under sub-section (1) of section 36;
(28) “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 Cochin
(2) The University shall have perpetual succession and
a common seal, and shall sue and be sued by the said name
4 Territorial Limits—Notwithstanding anything con-
tained in any other law for the time being in force, on the
coming into force of this Act;
(1) The territorial jurisdiction of the University shall
extend to the area comprised for the time being within the
jurisdiction of—
(a) The Corporation of Cochin.
(b) The Municipality of Alwaye.
(c) The Municipality of Parur
(d) The Panchayats of—
(1) Maradu, (ii) Cheranellur, (iii) Mulavukad, (iv)
Elamkunnapuzha, (v) Thrikkakara, (vi)
Kalamassery, (vii) Eloor, (vili) Kadungallur,
(1x) Keezhmadu, (x) Choornikara, (xi) Edathala,
(xii) Vadavukode-Puthencruz, (xii) Tripuni-
thura, (xiv) Thiruvankulam, (xv) Alengad, (xvi)
Kottuvally, (xvii) Ezmkara.
(2) Subject to the provisions in sub-section (1) of section
57 of this Act, the jurisdiction of the University of Kerala
over the territorial limits of the University of Cochin shall
cease ; : “a
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(3) No educational institution situated beyond the
territorial limits of the University, shall, save with the sanc-
tion of the Chancellor and the Government, be under the
administrative control of the University.
5. Powers of the University.—The University shall have
the following powers, namely :—
(1) to establish and maintain institutes for higher
technological research, studies 1n applied science and business
management ;
(2) 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 ;
(3) to institute degrees, titles, diplomas and_ other
academic distinctions ;
(4) to hold examinations and to confer degrees and
other academic distinctions on persons who—
(a) shall have pursued a prescribed course of study
in an institution under the University, unless exempted there-
from in the manner prescribed, and shall have passed the
prescribed examination; or
(b) shall have under prescribed conditions carried on
research which has been duly evaluated;
(5) to confer honorary degrees or other distinctions on
distinguished persons 1n accordance with the conditions to be
prescribed on the Statutes ;
(6) to grant diplomas, certificates or other distinctions
to persons who shall have pursued a prescribed course of study
under prescribed conditions;
(7) 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 ;
(8) to supervise and control the residence and discipline
of students of the University, constituent colleges and
recognised institutions and to make arrangements for promo-
ting their heaith and general welfare ;
(9) t¥s recognise hostels which are maintained by bodies
other than the University and to withdraw such recognition ;
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(10) to exercise such control over the students as will
ensure their physical and normal well-being;
(11) to constitute a Board to entertain and if it thinks
fit to adjudicate and to redress any grievances of the students
of colleges who may for any reason be aggrieved otherwise
than by an act of the Court;
(12) to fix the fees payable to the University and to
demand and receive such fees;
(13) to fix and regulate with the prior sanction of the
Government the fees payable in constituent colleges ;
(14) as far as may be, to regulate by Statutes and
Ordinances the conditions of service of teachers and other
employees in constituent colleges and recognised institutions ;
(15) to hold and manage endowments and bursaries and
to institute and award fellowships, scholarships, studentships,
medals and prizes and to organize exhibitions;
(16) to institute and provide funds wherever necessary
for the maintenance of—
(a) a Students’ Advisory Bureau ;
(b) an Employment Bureau ;
(c) University Union for Students ;
(d) University Athletic Clubs,
(e) the National Cadet Corps;
(f) the National Service Corps ;
(g) University Extension Boards ;
(h) Students’ Cultural and Debating Societies ;
(1) a Translation and Publication Bureau;
{}) Co-operative Societies and other institutions for
promoting the welfare of students and employees'of the
University ;
(k) a University Library.
(17) to co-operate with other Universities or authori-
lies or associallons in such manner and for such purposes as
the University may determine;
(18) 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 object of the University asa teaching
and examining body, and to cultivate and promote arts,-science,
technology and other branches of learning ;
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(19) to take and hold any property, movable or im-
movable, 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 ;
(20) to direct, manage and control all immovable and
movable properties transferred to the University by the
Government ;
_(21) to co-ordinate, supervise, regulate and control the
conduct of teaching and research work in the constituent
colleges and the recognised institutions as far as possible;
(22) to define the powers and duties of the Officers of
the University other than the Vice-Chancellor;
(23) to provide for the inspection of constituent colleges
and recognised institutions and issue directions to the students
working in them;
(24) to admit educational institutions as constituent
colleges and to withdraw such privileges in accordance with
the provisions of the Statutes, Ordinances and Regulations ;
(25) to institute professorships, readerships, lecturei-
ships 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 ; '
(26) to establish, maintain and manage hostels; and
(27) in general 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 Un-
versity or admission to any degree or course of study in the
University.
(2) In making appointments to posts in any service, class
or category under the University, the University shall mutatis
mutandis, observe the provisions of clauses (a), (b) and (c) of
rule 14 and the provisions of rules, 15, 16 and 17 of the Kerala
State and Subordinate Service Rules as amended from time
to tume.
CHAPTER Iii
THE CHANCELLOR, PRO-CHANCELLOR AND OFFICERS
OF THE UNIVERSITY
7. The Chancellor.—(1) The Governor of Kerala shall, by
virtue of his office, be the Chancellor of the University,
(2) The Chancellor shall be the Head of the University
and shall, when present, preside at the meetings of the
Senate and any convocation of the University.
(3) The Chancellor may, by order in writing, annul
any proceedings of any of the authorities of the University
(not being a matter in which an appeal may lie to the
Tribunal) and which is not in conformity with this Act and
the Statutes, the Ordinances, the Regulations, the Rules or
any other law for the time being 1n force:
Provided that, before making any such order, the
Chancellor shall call upon such authority to show cause why
such an order should not be made and consider the cause, if
any, shown by such authority within a reasonable time.
(4) The Chancellor shall have the right to suspend or
dismiss any of the authorities of the University and to take
measures for the interim administration of the University.
Provided that before taking any such action the
Chancellor shall give an opportunity to such authority to show
cause why such an action should not be taken.
(5) Every proposal for the conferment of an honorary
degree shall be subject to confirmation by the Chancellor.
(6) The Chancellor shall have power to remove the
Vice-Chancellor from office by an order in writing on charges
of mismanagement of funds or misconduct or for any other
gvod and sufficient reasons.
Provided that such charges are proved by an enquiry
conducted by a person who 1s or has been a Judge of the High
Court or the Supreme Court and appointed by the Chancellor
for the purpose.
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Provided further that the 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.
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 :—
(1) The Vice-Chancellor ;
(u) The Pro-Vice-Chancellor ;
(ui) The Registrar; and
(iv) Such other Officers in the service of the University
as may be declared by the Statutes to be Officers of the
University.
10. The Vice-Chancellor.—(1) The Vice-Chancellor shall
be appointed by the Chancellor on the unanimous recom-
mendation of a Committee appointed by him consisting of
three members, one elected by the Senate, one elected by
the Syndicate and the third nominated by the Government.
The Committee shall make 1ts recommendation within a
period of three months of its appointment.
(2) In case the Committee appointed under sub-section
(1) is unable to recommend a name unanimously, the Vice-
Chancellor shall be appointed by the Chancellor from among
the panel of three names submitted to him by the Committee
within the period specified in the preceding sub-section.
(3) If the Committee fails 1o make a unanimous recom-
mendation or submit a panel of names as aforesaid, another
Committee consisting of three new members, one elected by
the Senate, one elected by the Syndicate and the third
nominated by the Government shall within three months of
its constitution make a unanimous recommendation or submit
a panel of three names to the Chancellor who shall there-
upon appoint a Vice-Chancellor accordingly :
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