The Kerala Self Financing College Teaching and Non- Teaching Employees (Appointment and Conditions of Service) Act, 2021

GOVERNMENT OF KERALA 
Law (Legislation-G) Department 
NOTIFICATION 
 
No. 3361/Leg. G2/2021/Law.                  Dated, Thiruvananthapuram,   14th November, 2021 
 29th Thulam, 1197 
 23rd Karthika, 1943. 
 
 
 
In pursuance of clause (3) of article 348 of the Constitution of India, the Governor of 
Kerala is pleased to authorize the publication in the Gazette of the following translation in 
English language of the Kerala Self Financing College Teaching and Non-Teaching Employees 
(Appointment and Conditions of Service) Act, 2021 (13 of 2021). 
 By order of the Governor, 
 V. HARI NAIR., 
 Law Secretary. 
  
11
 
This is a digitally signed Gazette.
Authenticity may be verified through https://compose.kerala.gov.in/
[Translation in English of “2021-ടേ കേരള സവാപ്രയ കോകളജ് അദ്ധയാപേ - 
അനദ്ധയാപേ ജീവനക്കാര്‍ (നിയമനവും കസവനവയവസ്ഥേളും) ആേ്റ്” published 
under the authority of the Governor.] 
ACT  13 OF 2021 
THE KERALA SELF FINANCING COLLEGE TEACHING AND NON-TEACHING 
EMPLOYEES  (APPOINTMENT AND CONDITIONS OF SERVICE) ACT, 2021 
An Act to provide for the  method of appointment and conditions of service of  teaching and 
non-teaching employees of self financing col leges affiliated to  various Universities 
established by State law and for matters connected therewith   and incidental thereto.       
Preamble.—WHEREAS, it is expedient to provide for the method of appointment and 
conditions of service of teaching and  non-teaching employees of self financing colleges 
affiliated to various Universities established by State law and for matters connected therewith 
and  incidental thereto; 
BE it enacted in the Seventy-second Year of the Republic of India as follows:— 
1. Short title and commencement.—(1) This Act may be called the Kerala Self Financing 
College Teaching and Non -Teaching Employees (Appointment and Conditions of Service)  
Act, 2021. 
  (2) It shall be deemed to have come into force on the 20th day of February, 2021. 
2. Definitions.—In this Act, unless the context otherwise requires,— 
 (a) “agreement” means an agreement entered into with the educational agency to be 
appointed as teaching or non-teaching employee in a self financing college; 
 (b) “educational agency” means a person or a body which establishes, controls or 
runs a self financing college and approved by the University in which such self financing 
college is affiliated to; 
 (c) “Government” means the Government of Kerala; 
 (d) “non-teaching employee” means a person appointed in a self financing college 
under an agreement with the educational agency and registered as non -teaching employee in 
the affiliated University; 
 (e) “notification” means a notification published in the Official Gazette; 
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 (f) “prescribed” means prescribed by rules made under this Act; 
 (g) “regulatory body” means the University Grants Commission, All India Council 
for Technical Education, National Council for Teacher Education,  Bar Council of India and 
Council of Architecture and it includes respective University also; 
 (h) “required post” means the teaching and non -teaching post determined by the 
regulatory body for various courses affiliated to the University in a self financing college; 
 (i) “self financing colleg e” means an educational institution established, controlled 
or run by an educational agency and conducting courses affiliated to the University and 
approved by the University but it does not include the Government College and private college 
entered into direct payment agreement with the Government; 
 (j) “State” means the State of Kerala; 
 (k) “student” means a person admitted to a course of study conducted by a self 
financing college and duly registered in the affiliated University; 
 (l) “teacher” means a person appointed in self financing college under an agreement 
with the educational agency and registered as teacher in the affiliated  University; 
 (m) “University” means the Kerala University, the Calicut University, the Mahatma 
Gandhi University, the Cochin University of Science and Technology, the Kannur University 
and the A.P.J. Abdul Kalam Technological University established under the provisions of the 
Kerala University Act, 1974 (17 of 1974), the Calicut University Act, 1975 (5 of 1975), the 
Mahatma Gandhi University Act, 1985 (12 of 1985), the Cochin University of Science and 
Technology Act, 1986 (31 of 1986), the Kannur University Act, 1996 (22 of 1996) and the 
A.P.J. Abdul Kalam Technological University Act, 2015 (17 of 2015) respectively. 
3. Appointment of teaching and non -teaching employees of self financing college .—(1) 
The educational agency shall invite application by notification in such manner as may be 
prescribed for the appointment to required  posts determined by the regulatory body for th e 
courses affiliated to the University in the self financing college. 
 (2) Any person to be appointed to the required posts under sub-section (1) shall have 
such qualifications as determined by the regulatory body: 
Provided that, on the date of commencemen t of this Act, where an  employee holding 
such post in a self financing college does not have any of the qualification determined by the 
regulatory body, shall obtain such qualification within such date as the Government may notify. 
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 (3) The educational agency shall after examining the application received under the 
provisions of sub-section (1), prepare a rank list by conducting interview of the applicants and 
appointment shall be made by an order in writing of an authority determined  by the educational 
agency for this purpose. 
4. Agreement with the educational agency and other conditions of service .—(1) Any 
person appointed to  required post in a self financing college, shall enter into an agreement with 
the educational agency regarding such post, scale o f pay, increment, grade, promotion, period 
of appointment, salary, allowance and overtime duty: 
Provided that, it shall not prevent the power of the educational agency to make provision 
for providing more benefits to the teaching or non - teaching employee  in a self financing 
college than that referred in such provisions regarding any matter provided in this Act. 
 (2)  Working days and working hours of teaching and non-teaching employees of self 
financing college shall be same as that is applicable to the t eaching and non -teaching 
employees of Government college or private college entered into direct payment agreement 
with the Government affiliated to the University: 
Provided that, under the provisions of the agreement referred in sub -section (1), the 
teaching and non-teaching employees shall perform overtime duty in urgent situations. 
 (3) The public holiday, casual leave and maternity leave eligible for the teaching and 
non-teaching employees of Government college or private college entered into direct payment 
agreement with the Government shall be applicable to the teaching and non -teaching 
employees of self financing college. 
 (4) The educational agency, shall take measures for making any person appointed to 
required post of a self financing college as a member to the Employees’ Provident Fund under 
the provisions of the  Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 
(Central Act 19 of 1952): 
Provided that, measures shall be taken to make any person appointed to the required post 
in self financing college prior to the date of commencement of this Act as member to the 
Employees’ Provident Fund within six months from the date of commencement of this Act. 
 (5) The educational agency shall take measures to make any person appointed to 
required post in a self financing college as member in the insurance scheme of an insurance 
company approved by the Central Government, within six months from the date of 
commencement of this Act. 
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 (6) The age limit for appointment to the required post in a self financing college and 
the age of retirement shall be as may be determined by the regulatory body from time to time. 
 (7) The educational agency shall be the disciplinary authority of any person 
appointed to the required post in a self financing college . The educational agency shall take 
disciplinary proceedings in such manner as may be prescribed. 
5.  Appeal.—Any person aggrieved by the disciplinary action of the educational agency 
under sub-section (7) of section 4, shall file appeal before the Univers ity in which such self 
financing college is affiliated to, in such manner as may be prescribed. The Vice-Chancellor of 
such University shall dispose of the appeal and any decision  thereon shall be final. 
6.  Maintenance of records and registers .—The educa tional agency shall maintain 
records and registers regarding details of teaching and non -teaching employees appointed to 
required posts in the self financing college. 
7.  Registration.—(1)  The educational agency shall register the details  of teaching and  
non-teaching employees, appointed to required posts in a self financing college, with the 
University in which such self financing college is affilliated to, within three months from the 
date of appointment. 
 (2)  The educational agency shall register the details of teaching and non -teaching 
employees appointed to required posts in self financing college prior to the date of 
commencement of this Act, with the University in which such self financing college is affiliated 
to, within three months from the date of commencement of this Act. 
 (3)  The procedures for registration under sub -sections (1) and (2) shall be as 
determined by the University. 
 (4)  The duties and responsibilities of the teaching and non -teaching employees 
registered with the University in which self financing college is affiliated to under sub-sections 
(1) and (2) shall be as determined by the University. The teaching and non-teaching employees 
shall function to achieve the objects of the University. The educational agency shall implement 
any decision of the University in this matter. 
8.  Various bodies to be constituted in the self financing college .—(1) The  educational 
agency shall, after duly informing the University, constitute the following bodies, as soon as 
possible, from the date of commencement of this Act, namely:— 
 (i) Internal Quality Assurance Cell; 
 (ii)  Parent-Teacher Association; 
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 (iii) Students Grievance Redressal Cell; 
 (iv) College Council; 
 (v) Internal Complaints Committee under the Sexual Harassment of Women at 
Workplace (Prevention, Prohibition and Redressal) Act,  2013 (Central Act 14 of 2013). 
 (2)  The constitution, powers, duties and responsibilites of the bodies except under 
item (v) of sub-section (1) shall be as determined by the regulatory body. 
9.  Act not in derogation to any other laws .—The provisions of this Act shall be in 
addition to and not in derogation to any other law for the time being in force. 
10.  Protection of acts done in good faith .—No suit or other legal proceedings shall lie 
against the Vice-Chancellor, any authority or officer of the University for anything which is 
done in good faith or intended to be done  under the provisions of this Act or rules or regulations 
made thereunder. 
11.  Bar of jurisdiction of Civil Court. —No Civil Court shall have jurisdiction to settle, 
deal with or decide such matters regarding complaint that may arise on matters referred in 
section 7 of this Act, until disposed by the Syndicate of the University in which the self 
financing college is affiliated to. 
 12.  Power to remove difficulties .—Where any difficulty arises in giving effect to the 
provisions of this Act, the Government may, by order published in the Gazette, do anything 
which it may consider necessary or deems fit and not inconsistent with the provis ions of this 
Act for the purpose of removing such difficulty: 
 Provided that, no such order under this section shall be issued after the  expiry of two 
years from the date of commencement of this Act. 
 13.  Power to make regulations .—The University in whic h self financing college is 
affiliated to, shall have the power to make regulations related to the functioning of a self 
financing college in accordance with the provisions of this Act. 
  14.  Power to make rules .—(1) The Government may, by notification, m ake rules to 
carry out the provisions of this Act. 
       (2)  Every rule made under this Act shall be laid, as soon as may be after it is made, 
before the Legislative Assembly while it is in session for a total period of fourteen days which 
may be comprised in one session or in two successive sessions, and if, before the expiry of the 
session, in which it is so laid, or the session immediately following, the Legislative Assembly 
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makes any modification in the rule or decides that the rule should not be made , the rule 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 rule. 
  15. Repeal and saving .—(1) The Kerala Self Financing College Teaching and  
Non-Teaching Employees (Appointment and Conditions of Service) Ordinance, 2021  
(95 of 2021) is hereby repealed. 
      (2) Notwithstanding such repeal, anything done or deemed to have been done or any 
action taken or deemed to have been taken under the said Ordinance, shall be deemed to have 
been done or taken under this Act. 
     
 
17
 
This is a digitally signed Gazette.
Authenticity may be verified through https://compose.kerala.gov.in/
____________________________________________________________________________________________________________________________
PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESSES
AT THE GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM, 2021

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