The Pre-Degree Course (Abolition) Act, 1997

ACT 3 OF 1998
 THE PRE-DEGREE COURSE (ABOLITION) ACT, 1997* 
An Act to abolish Pre-Degree Course in the State of Kerala in a phased manner
commencing from the academic year 1997-98 and to provide for matters
incidental or ancillary thereto.
Preamble.—WHEREAS  the  University  Grants  Commission  has  been
continuously pressing the Government of Kerala to abolish Pre-Degree Course in
the Universities in the State; 
AND WHEREAS all the other State Governments in India have abolished Pre-
Degree Course by accepting 10+2 system of school education;
AND WHEREAS in accordance with the National Education Policy to improve
standards of Higher Education, the Government of Kerala consider if necessary to
abolish Pre-Degree Course in the Universities in Kerala in a phased manner with
effect from the academic year 1997-98 and to make alternative arrangements for
the establishment of more number of Higher Secondary Schools in the State of
Kerala; 
BE it enacted in the Forty-eighth Year of the Republic of India as follows:—
1. Short title and commencement .—(1) This Act may be called the Pre-degree
Course (Abolition) Act, 1997.
(2) Clauses (c) and (d) of sub-section (2) of section 3 shall come into
force at once and the remaining provisions of this Act shall be deemed to have
come into force on the 3rd day of June, 1997.
2. Definitions.—(1) In this Act, unless the context otherwise requires,—
(a) "academic year" means a period of twelve months commencing from
the first day of June and ending with the thirty first day of May of the
following year;
(b) "Committee" means Empowered Committee constituted by sub-section
(2) of section 3;
* Received the assent of the Governor  on the 7th day of January,1998 and published in the Kerala Gazette 
Extraordinary No.52 dated 9th January,1998.
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(c) "University laws" means 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) and the Kannur University Act, 1996 (22 of
1996) and the Statutes, Ordinances, Regulations, the rules and the byelaws made
under the said Acts;
(d) "State" means the State of Kerala.
(2) Words and expressions used but not defined in this Act and defined in
the University laws shall have the meanings respectively assigned to them in the
said laws.
3.  Pre-degree  Course  to  be  abolished .—(1)  Notwithstanding  anything
contained in the University laws, or in any agreement or contract, with effect on
and from the date of commencement of this Act, the Government reserve for
themselves the right, by order, published in the Gazette, to prohibit the conduct
of Pre-degree Course or such number of batches of the said course in an academic
year in such colleges as may be specified therein, and thereupon such course of
study or such number of batches of the said course of study shall not be
conducted in the colleges so specified and the University concerned shall not
grant affiliation to the said course in such colleges and disaffiliate the college
which violates the prohibition contained in the said order.
(2) No college shall be specified in the order, under sub-section (1) unless
it is recommended by an Empowered Committee consisting of—
(a) the Principal Secretary to Government, Higher Education Department
— Chairman; 
(b)  the  Vice-Chancellor  of  one  of  the  Universities  in  the  State
nominated by the Government—Member; 
(c) Secretary to Government, General Education Department—Member
(d) the Director of Collegiate Education—Member-Secretary;
(e) the Director of Public Instruction—Member; and 
(f) the Director of Higher Secondary Education—Member.
4. Meeting of the Committee. —(1) The Committee shall meet at such time
and place as may be determined by the Chairman.
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(2) Meetings of the Committee shall be presided over by the Chairman and
his  absence,  by  a  Member  chosen  by  the  Members  present,  from  among
themselves.
(3) The quorum for a meeting of the Committee shall be three.
(4) Decision of the Committee shall be taken by the majority of Members
present at a meeting and where the Members divide equally, the decision of the
Chairman shall prevail.
(5) Minutes of the meeting of the Committee shall be approved by the
Chairman and all proceedings, orders and other instruments of the Committee,
based on the minutes, shall be authenticated by the signature of the Member-
Secretary.
(6) The procedure to be followed in a meeting shall be such, as may be
determined by the Chairman.
5. Ban on appointment of staff etc .—Notwithstanding anything contained in
the University laws or in any agreement or contract, no appointment of non-
teaching staff in any University and no appointment of teaching and non-teaching
staff in any college shall be made for a period of three years from the date of
commencement of this Act:
Provided that, in the exigencies of service, such appointment may be made,
with the previous approval of the Committee.
6. Repeal and saving.—(1) The Pre-Degree Course (Abolition) Ordinance, 1997
(10 of 1997), 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. 

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