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Mahatma Gandhi University Act, 1985

The document discusses the establishment of the Mahatma Gandhi University through an Act of the Kerala State Legislature. It outlines the territorial jurisdiction of the University, which extends across several districts in Kerala. It also defines various terms related to the University and outlines the powers of the University, which include providing instruction in teaching, organizing research, and conferring degrees among others.

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0% found this document useful (0 votes)
69 views95 pages

Mahatma Gandhi University Act, 1985

The document discusses the establishment of the Mahatma Gandhi University through an Act of the Kerala State Legislature. It outlines the territorial jurisdiction of the University, which extends across several districts in Kerala. It also defines various terms related to the University and outlines the powers of the University, which include providing instruction in teaching, organizing research, and conferring degrees among others.

Uploaded by

Gens George
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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FOR OFFICE USE ONLY

A C T |2 OF 1 9 8 5

THE MAHATMA GANDHI UNIVERSITY ACT, 1985


( Incorporating Amendment Acts up to
Act 13 of 1938)

P rin ted and Issued by

Mahatma Gandhi University


PREFACE

The Mahatma Gandhi University Act 1985 was originally


enaact<ed as Act 12 of 1985. Several amendments have been
madde to it since then. A ready reference of the latest position
of tthie provisions in the Act has become difficult as the
ameencdments are scattered in separate Amendment Acts. To
overtrcrame this difficulty, a modest attem pt is made to in-
corppo rate all such amendments in this compilation. Amendment
A ctis .are also given as annexure at the end.

27 — '9 - 1988 Pfof. K. Madhavan Pillai


Privvaidharsini Hills R e g is t r a r
Athhir.ampuzha

Piibi-c.ReWions Section
M aTiatma G a n d h i U n iv e rsiiy
A th ira m p iiz a a . K oU avam
Government of Kerala Reg. No. KL/TV (N) /12
1985

EMBLEM

KERALA GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
17th April 1985
Vol. XXX] Trivandrum, Wednesday, ------------------------------- [No. 323
27th Chaithra 1907

GOVERNMENT OF KERALA
Law (Leglslation-C) Department
NOTIFICATION

No. 3431/Leg. Cl/85/Law. Dated, Trivandrum, 17lh April, 19851


27th Chaithra, 1907.
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 17th day of April, 1985.
By order of the Governor,
P. P. MATHAI,
Special Secretary {Law).

PRINTED AND PUBLISHED B Y TH E S. G. P. AT THE


GOVERNMENT PRESS, TR IVANDR U M , 1985-
33/1562/MC.
ACT It OF 1985
THE MAHATMA GANDHI UNIVERSITY ACT, 1985 ♦

[kti Ho. ^ ^ «& miwM ^ ^ m m, 13 «f \m i

An Act to establish and ineorporaie. a UnimrsUg at Kottayam by


the name Mahatma Gandhi University.
Preamble.-- WHEREA.S it is considered necessary to
establish a n«w teaching and affiliating University in the State
t o ' pfdvide Tor the urgent developnient ol higher education in
the areas comprised in the Kottayam, Ernakulam and Idtukki
fevetiue districts, the Kuttanad taluk of the Alleppey revenue
district and the Kozhencherry, Mallappally, Thiruvalla and
Rani taluks of the Pathanam thitta revenue district of the
State;
BE it enacted in the Thirty-sixth Year of the Repmblic
of India as follows:-

CHAPTER I
PRELIMINARY

1. Short title and commencement.- (l) This Act may be


called [the Mahatma Gandhi University Act, 1985].
(2) It shall be deemed to have come into force on
2nd day of October, 1983.
2. Definitions.- In this Act, unless the context otherwise
requires,-
* The expression “ Gandiji U niversity" is substituted by the expre*!8ion
“ Mahatma Oandhi University” in all the sections wherever it occurs
in this act and also in the long title to the Act vide Gandhiji Univer­
sity (Amedment and special provisions) Act. 1988, Act 11 of 1988.
(1) “Academic Council” means the Academic Council of
the University;
(2) “affiliated college” means a college affiliated to the
University in accordance with the provisions of this Act and
the Statutes and in which instruction is provided in accor­
dance with the provisions of the Statutes, Ordinances and
Regulations;
(3) “annual meeting” meains one of the ordinary meet­
ings 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; '
(4) ’'Appellate Tribunal” means the Appellate Tribunal
constituted under sub-section (1) of section 69;
(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 Ordinances or Regulations with reference to a
subject or group 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) “junior college” means a college imparting instruct­
ions in Pre-degree courses only;
6
- (14) ‘^non-teaching staff^^ of the University or a college,
means the employees of the University or that College, other
than teachers;
(15) ' ‘prescribed’^ means prescribed by the Statutes,
Ordinances, Regulations, rules or bye-laws made under this Act;
(16) '‘principal” means the head of a college;
(17) ^‘private college” means a college maintained by
an educational agency other jthan the Government or the
University and affiliated to the University;
(18) [ X X X I
^ (19) ‘^professional college’’ means* a college in which
instruction is given in any of the following subjects, namely:-
, . , , (i) JEngipeejing-and Tec,hnx)lqgy4 , ; , , , , ,
(ii) Allopathic Medicine and Para Medical Courses;
(iii) Dental Medicine;
(iv) Ayurvedic Medicine;
(v) Homoeopathic Medicine;
(vi) Law; and
(vii) Education;
(20) “Pro-Vice-Chancellor” means the Pro-Vice-Chan­
cellor of tlie University;
(21) “recognised institution” means an institution for
research or special studies, other than an affiliated college>
recognised as such by the University;
(22) “registered graduates” means graduates registered
under the provisions of this Act and the Statutes and includes
graduates deemed to be registered graduates;
(23) “Senate” means the Senate of the University;
(24) “State” means the State of Kerala;
(25) “Statutes” , ' ‘Ordinances” , ‘‘Regulations”, “bye-
laws” and “rules” means respectively the “Statutes”, “Ordinan­
ces” , “Regulations”, “bye-laws’’ and ‘’rules” of the University;
<(26) “Student” means a part-tim e or full-time student
receiving instruction or carrying on research in any of the
colleges or recognised institutions;
(27) "Students’ Council” means the students’ Council
the University:
(28) ^'Syndicate” means the Syndicate of the University;
(29) ‘Headier” 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;
(30) 'teacher of the University*’ means a person employed
as teacher in any institution maintained by the University;
(31) "University’' means the Mahatma Gandhi University
Constituted under this Act;
(32) ''University area” means the area to which the
jurisdiction of the University extends under sub-section
(1) of section 4;
(33) ^'University Fund*’ means Mahatma Gandhi Univer­
sity Fiind established under sub-section (1) of section 46;
(34) "Vice-Chancellor” riieans the Vice-Chancellor of the
University.

CHAPTER II
THE UNIVERSITY
3. The University.- (1) The Chancellor, [ x x x ] 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 Mahatma Gandhi University.
(2) The headquarters of the University shall be at
Kottayam.
(3) 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 Kottayam, Ernakulam and Idukki revenue
districts, the Kuttand taluk of the Alleppey revenue district
and the Kozhencherry, Mallappally, Thiruvalla and Ranni
taluks of the Pathanam thitta revenue district of the State.
8
(2) No educational institution situated beyond t
territorial limits of the University shall, save with the sanction
of the Chacellor and the Government, be affiliated to the
University and no educational institution within the terriotrial
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.- Subject to the provisions of
this Act, the University shall have the fo^owing powers,
namelv:^
(i). to provide foC; instruqtion ^€^«ing in such
branches of learning as the l)[jiiversity may deem jBt and to
make provision for research and for the advancement aji4
dissemination’o f ' knowledge; ' ; ' ' / ' ' .........................
(ii) to institute degrees, titles, diploma? and other
academic disti^nctions;
(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
(b) shall have carried on research under prescribed
conditions and which has been duly evaluated; v
(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 th at may be
prescribed by the Statutes, after giving the person affected a
reasonable opportunity to present his case;
(vii) to maintain, 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 genferal 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 adjudieate and to redress any grievances of the students
of colleges, who may for any reason be aggrieved otherwise
than by an act of any court;
(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
regu,late 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 whereever necessary
for the maintenance o f-
(a) a students^ Advisory Bureau;
(b) an Employment Bureau;
(c) a 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;
(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;
(xvi) to co-operate with other Universities or any
authorities or associations in such manner and for such
purposes as the University may determine;
10
(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, testam entary 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
nrovabl'e 'properties' tfailsf^rrfed' to 'thfe 'UAiv'er^ity b y ' 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 those provided in this Act;
(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, lecturer­
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;
(xxvi) to establish, maintain and manage hostels;
(xxvii) with the previous sanction of the Government as
regards 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 tiie
Central Government, any other Government, or any other
incorporated body; and
11
(xxviii) generally to do such other acts for carrying out
the purposes of this Act.
6. University open to all classes and creeds.- 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 amy employment or office under the University or member­
ship of any of the authorities or bodies of the University or
admission to any degree or course of study in the University:
Provided that the University may, in consultation with
the Government, affiliate any college or recognise any institu­
tion, 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.

CHAPTER III
THE CHANCELLOR, [ x x x ] AND UFFICERSOF 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 [x x x] at any convocation
of the University
(3) All the authorities of the University shall be
subordinate to the Chancellor
(4) The Chancellor may, by order in writing, annual
any proceeding of any of the authorities of the University
which is not in conformity with this Act, the Statutes, the
Ordinances, 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.
12
(5) The Chancellor shall, when an emergency arises,
have the right to suspend or dismiss any of the authorities of
the University and to take measures for the interim adminis­
tration of the University.
(6) Every proposal for the conferment of an honorary
degree shall be subject to confirmation by tJie Chancellor*
(7) An appeal shall lie to the Chancellor against any
order of dismissal passed by the Syndicate or the Vice-
Ghancellor against any person in the service of the University.
(8) An appeal und«r sub-rsection (7) shall be^fikd within
sixty days from the dale of. sfrvicje of the ar4<^r pf dismisssdi
on the, person concerned.
(9) The Chancellor shall, before passing any order on
an' appeal under sub-section (7) refer thd matteaf fdr kdHce tb
a Tribunal appointed by him for the purpose.
(10) 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 mismanage­
ment 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.
(11) The Chancellor shall have suchother powers as
may be conferred on him by this Act or the Statutes.
8. [ X X X ]

9. Officers of the Uniuersify.- 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;
[ (iv A) the Deans of Faculties];
(v) the Finance OiRcer and
13
(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) The Vice-Chancellor shall
Jbe appointed by the Chancellor on the recommendation as
hereinafter provided of a Committee appointed by him for the
purpose (here in after referred to as the Committee),
(2) The Committee shall consist 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:
Provided that no person holding any office under the
University shall be nominated as a member of the Committee.
(3) The Chancellor shall appoint one of the members
of the Committee to be its convener.
(4) The Committee shall make its recommendation
within [a period of five months of its appointment or within
such period not exceeding one month, as tlie Chancellor may
specify in this behalf] +
(5) In case the Committee unanimously recommends
the name of only oneperson, the Chancellor shall appoint
that person to be the Vice-Chancellor.
(6) In case the Committee is unable to recommend a
name unanimously, the Vice-Chancellor shall be appointed by
the Chancellor from among a panel of three names submitted to
him by the Committee within the perit)ds [specified in or under
sub-section (4) ] +
(7) In case the Committee fails to make a unanimous
recommendation as provided in sub-section (5) or to submit a
panel as provided in sub-seCtion (6), the Vice-Chancellor shall
be appointed by the Chancellor from among a panel of three
names submitted to him by a majority of the members of the
Committee within the period, [specified in or under sub-section
(4)] +
(8) Non-submission of a name under sub-section (7) by
any member of the Committee shall not invalidate the appoint­
ment of the Vice-Chancellor.
(9) [No person shall hold office of the Vice-Chancellor
beyond the age of sixty-five years]
+ Amended Vide The Gandhiji University (Amendment) Aet, 1987 (Act
13 of 1987)
14
(10) The Vice-Chancellor shall {subject to sub-section
(9)j hold office for a term of four years from the date on
which he enters upon his office and shall be eligible for re­
appointment:
Provided that a person shall not be appointed as Vice-
Chancellor for more than two terms.
(11) [The remuneration payable to, and the other
conditions of service of the Vice-Chancellor shall be such as
may be prescribed by the Statutes. ]
(12) The Vice-Chancellor shall be the principal academic
and executive officer of the University and all the Officers of
the University shall be under his administrative control.
' ' " (13)' The Vice-Chancdlo’r shrill be'the Chkir'm£(n bf the
Senate, the Syndicate, the Academic Council, [x x x ] and the
Finance Committee and shall be entitled to be present at and
to address any meeting of any authority of the University,
but shall not be entitled to vote there at unless he is a member
of the authority concerned.
(14) 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.
(15) It shall be the duty of the Vice-Chancellor to
ensure that the provisions of this Act, the Statutes, the
Ordinances, the Regulations, the rules and the bye-laws are
faithfully observed and carried out, and he shall have all
powers necessary for this purpose.
(16) The Vice-Chancellor shall have the right of visiting
and inspecting colleges and other institutions maintained by,
or affiliated to, the University.
(17) 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 Syn­
dicate 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,
15
as the case may be, report the action taken by him to that
authority for such action as it may consider necessary [and
that authority may, after considering the action taken by the
Vice-Chancellor is of the view that such action shall not have
been taken by him, refer the m atter to the Chancellor whose
decision there on shall be final.]
(18) 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 esta­
blishment 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.
(19) The Vice-Chancellor shall have power to convene
meetings of the Senate, the Syndicate, the Academic Council
and any other authorities of the University.
(20) 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.
(2!) Any person nominated by the Vice-Chancellor
under sub-section (20) shall be deemed to be an examiner
included in the panel approved by the Syndicate.
(22) It shall be the duty of the Vice-Chancellor to see
that the proceedings of the University are carried on in
accordance with the 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.
(23) The Vice-Chancellor shall exercise such other
powers and perform such other functions as may be prescribed
by the Statutes.
16

(24) In the event of a temporary vacancy occurring in


the office of the Vice-Chancellor, or where the Vi^e^Chancellor
is temporarily absent, the Pro-Vice-Chancellor shall ej^ercise
the powers and perform the duties of the Vice-Chancellor (and
in the event of temporary vacancies occuring in the oflTices
of the Vice-Chancellor and the Pro-Vice-Chancellor or where
the Vice-Chancellor and Pro-Vice-Chancellor are tem porarily
absent, the senior most Professor in the University shall
exercise the powers and perform the duties of the Vicer-
Chancellor.]
(25) In the event of a permanent vacancy occuring In
the office of the Vice-Chancellor, the Chancellor shall initiate
action for the appointment of the Vice-Chancellor within one
month, of the, opcurrenqe ,of the ,va/3ajjcy and pending ,sujch
^pointm ent make necessary arrangements for exercising the
powers and performing the duties of the Vice-Chancellor.
11. The Pro-Vice-Chancellor.- (1) The Chancellor may,
if he considers it necessary, appoint a Pro-Vice-Chancellor
[from among a panel of names submitted to him by the 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 appointment of the Pro-Vice-Chancellor shall
be co-terminus with that of the Vice-Chancellor.]
(5) [The salary and other conditions of service of the
Pro-Vice-Chancellor shall be such as may be prescribed by the
Statutes.]
(6) [Subject to the provisions of this Act and the
Statutes, Ordinances and Regulations, the powers and functions
of the Pro-Vice-Chancellor shall be determined by the Vice-
Chancellor.]
12, The Registrar.- (1) [The Syndicate shall appoint a
person selected by the Government from among a panel con­
taining the names of three persons furnished to the Government
by a selection committee appointed by the Syndicate, consisting
of three members headed by the Vice-Chancellor, as the
17
Registrar of the University for such period and on such terms
as may be prescribed by the Statutes.]
(2) The Registrar shall be a whole time salaried officer
of the University and shall exercise such powers and perform
such duties as may be prescribed by the Statutes.
(3) Suits by or ngainst the University shall be institu­
ted by or against the Registrar.
13.. The Controller of ExnminaHons.- (1) [The Syndicate
shall appoint a person selected by the Government from among
a panel containing the names of three persons furnished to
the Government by a selection committee appointed by the
Syndicate, consisting of three members headed by the Vice-
Chancellor, as Controller of Examinations of the University
for such period and on such terms as may be prescribed by
the Statutes.]
(2) The Controller of Examinations shall be a whole
time salaried officer of the University and shall exercise such
powers and perform such duties as may be prescribed by the
Statutes.
14. The Finance Officer.- (1) [The Syndicate shall appoint
a person selected by the Government from among a panel
containing the names of three persons furnished to the
Government by a selection committee appointed by the
Syndicate, consisting of three members headed by the Vice-
Chancellor, as the Finance Officer of the University for such
period and on such terms as may be prescribed by the
Statutes.]
(2) The Finance Officer shall be a whole time salaried
officer of the University and shall exercise sucli powers and
perform such duties as may be prescribed by the Statutes.
15. Apoointments to be notifip.d - 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.
18

CHAPTER IV
AUTHORITIES OF THE UNIVERSITY

16. Authorities of the University.- The following shall be


authorities of the University, namely
(i) the Senate;
(ii) the Syndicate;
(iii) the Academic Council;
(iv) the Faculties;
(v) the Board of Studies;
(vi) the Students* Council;
(vii) the jPinance Committee;
(viii) the planning Board; and
(ix) 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) [ X X X]
(3) The Vice-Chancellor.
(4) The 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.
By Act 13 of 1988, The Gandhiji University [Dissolution of the Senate
and the Syndicate] A.ct, 1988, th i Senite Stand dissolvei on 22nd day
of April 1988 and which should be reconstituted within one year from
the commencement of this Act. The powers of the Senate are conferred
to the V. C. Subject to certain limitations till reconstituted.
19
(8) The Secretary to Government or an officer not
below the rank of Joint Secretary to Government,
General Education Department to be nominated by
the Government.
(9) The Secretary to Government or an officer not
below ttie, rank o! Joint Secretary to Government,
Higher Education Department, to be nominated by
the Government.
(10) The Director of Technical Education.
(11) The Director of Medical Education.
(12) The Chairman, State Advisory Board of Education.
(13) Seven heads of 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 Chan­
cellor by rotation.
(15) The Chairman of the University Union.
Elected Members
(1) Eleven 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) Twenty-five members, not being persons eligible to
be elected under item (1), (4), (5), (6), (9), (10), (11) or (12)
or under item (1), (4), (5), (6), (9), (10), (11) or(12) under
the heading ^'Elected Members” in section 17 ofthe Kerala
University Act, 1974 or under item(l), (4), (5), (6), (9), (10),
(11) or (12) under the heading “Elected Members” in section 17
of the Calicut University Act, 1975, elected by the registered
graduates from among themselves, of whom one shall be a
member of a Scheduled Caste, one shall be a member of a
Scheduled Tribe, one shall be the holder of a medical degree
and one shall be the holder of an engineering degree^
20
(3) 5ix members elected by the members of the Legisl­
ative Assembly of Kerala from among the members represent­
ing the electorate of the University area, of whom one shall
be a member of a Scheduled Caste.
(4) Three members elected by the teachers of the
University from among themselves.
(5) Three members elected by the teachers of Govern­
ment colleges from among themselves.
(6) Sixteen members elected by the teachers of private
Colleges from among themselves.
(7) Three members elected by the Mayors of Municipal
Corporations, the Chairmen of municipalities and the presi­
dents of panchayats within the University area from among
themselves, oi whom one shall be the'M ayor b f ' a' Municipal
Corporation or the Chairman of a municipality.
(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 University from among themselves.
(10) Three members elected by 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) Three members elected by the managers of the
private colleges in the University area from among themselves.
(12) Fifteen members elected by the members of the
General Council of the University Union from among full-time
students, of whom one shall be a post-graduate student, one shall
be a research scholar, one shall be the student of professional
college, five shall be lady students, one shall be a member of a
Scheduled Caste and one shall be a member of a Scheduled Tribe.
Other Members

(1) Two headmasters of High Schools and two teachers


schools, situated within the University area, nominated by the
Chancellor.
21
(2) Not more than eleven members nominated by the
Chancellor representing (i) recognised research institutions;
(ii) recognised cultural associations; (iii) chambers of commerce;
(iv) industries; (v) authors; (vi) journalists; (vii) lawyers; (viii)
sports and games; (ix) linguistic minorities; (x) artists; and (xi)
Anglo-Indians.
(3) 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.
IS. Reconstilution 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 provision 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:
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 refe­
rred to in item (12) under the heading “Elected Members” in
section 17 or of a member referred to in item (3) under the
heading “^Other Members” in that section shall be one year
22
from the date of his election or nomination, as the case may
be.
Explanation.- For the removal of doubts it is hereby
clarified that a member referred to in the preceding proviso
shall not cease to be such member solely on the ground that
he has ceased to be a student within the period of one year
specified in that proviso.
(4) Notwithstanding anything contained in the first
proviso to sub-section (3), a principal elected under item (1),
or a teacher of a Goverment 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 l7 shall not cease to be a member of the Senate
merely on the ground- ........................................ , , ,
(a) that he has been transferred to an educational
institution within the State, situated beyond the territorial
limits of the University; or
(b) That the college of whiph 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, that he has been pro­
moted as principal.
(5) Notwithstanding anything contained in this Act or
in the Statutes, no person elected under item 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.
(6) On failure of a member to make the choice under
the second proviso to sub-section (3), he shall be deemed to
have vacated his office as an elected or nominated member.
(7) When a person ceases to be a member 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.- save as otherwise
expressly provided in this Act, the Senate shall have the
following powers, namely:-
(a) to review, from to time, the broad policie
programmes of the University;
23
(b) to suggest measures for the improvement aiid
development of the University;
(c) to consider and pass resolution on the annual
report and the annual accounts of the University and the
audit report on such accounts; and
(d) to advise the Chancellor in respect of any m atter
'Which may be referred to it ior advice.^
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.
Proviso [ X X X ]
(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) When a 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-Offlcio Members

(a) The Vice-Chancellor.


(b) The Pro-Vice-Chancellor.
(c) The Secretary to Government, Higher Education
Department or an officer not below the rank of Joint Secretary
nominated by him.
(d) [The Secretary to Government, Finance
Department or an Officer not below the rank of Joint Secretary
nominated by him.]
By Act of 13 1988 (The Gandhiji University Dissolution of the senate
and the syndicate) Act, 1988 the ‘SNndicaie stand dis'^oived on 22nd day
of April 19; 8 and whi h sh 'uJd be reconstituted within one year from
th ’ commencement of this Act. The powers of the syndicate arc
conferred to the Vice-Chancellor subject to condition prescribed by lh«
Govt till reconstituted.
24
(e) [The Director of Collegiate Education.!
Other Members
(a) [Two eminent Educationists or Scientists
nominated by the Government.]
(b) [Three Deans of Faculties nominated by the
Chancellor, by rotation.l
(c) [Two principals of colleges afTiliated to the
University nominated by the Government.)
(d) [Three teachers of colleges nominated by the
Government, of whom one shall be a member of a Scheduled
Caste or a Scheduled Tribe.]
' '22. Term of office' of membersof Syndieate.- (I) Members
of the Syndicate, other than ex-of!icio members, shall hold
office for a term of four years from the date of their [nomination]:
Provided that ho person [nominated] in his capacity as
a member of a particular body or as the holder of a particular
office shall be a member of the Syndicate 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 [body] or the holder of that offiice:
Proviso [x X x]
[Provided further] that a member other than an
ex-officio member shall, notwithstanding the expiration of his
term, continue to hold office until his successor is [nominated:]
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 firs
proviso to sub-section (1), a member of the Syndicate referred
to in item (c) or in item (d) under the heading "other members’*
in section 21 shall not cease to be such member merely
on the ground that-]
(a) he has been transferred to ah educa
institution within the State, situated beyond the territorial
limits of the University; or
25
(b) the college of which he is the principal or in
which he is a teacher has been transferred to another University;
or
(c) in the case of a teacher, he has been promoted
as Principal.
23. Power!^ of Syndicate.- Subject to the provisions of 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 [Statutes and] Ordinances and to amend
or repeal the same;
(iii) [ X X X J
(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:
Provided that no post shall be created by the Syndicate
without the prior approval of the Government if creation of
such post involves expenditure in excess of the budgetary
provision;
Proviso [ X X X]
(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;
26
(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 institute and award.fellowships, scholarships,
studentships, bursaries, medals and prizes and to organise
exhibitions;]
(xiii) to maintain, supervise and control the resid­
ence 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;
(xviii) to approve the appointment of teachers in
private colleges;
(xix) to delegate any of its powers to the Vice-
Chancellor or 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 recogni­
tion 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;
(xxii) 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 transfer shall be reported to the
Senate at its next meeting;
(xxiii) to exercise the powers of the University under
clause (xxvii) of section 5;
27
(xxiv) [to determine what degrees, diplomas and other
academic distinctions shall be granted by the University;
(xxv) to cancel or amend by a majority of the total
membership of the Syndicate and by a majority of not less than
two-thirds of the members present and voting, any Regulation
passed by the Academic Council:
Provided that no Regulation shall be cancelled or
amended by the Syndicate without giving the Academic Council
an opportunity to state its opinion on the proposed cancellation
, or amendment;
(xxvi) to institute professorships, readerships, lectur­
erships and such other teaching or research posts as it may
deem necessary;
Provided that no professorship, readership, lecturership
or other teaching or research post shall be instituted by the
Syndicate without the previous approval of the Government if
it involves expenditure in excess of the budgetary provision;
(xxvii) to prescribe with the previous concurrence of
the Government the terms and conditions of service of the
employees of the University;
(xxviii) to regulate, with the previous concurrence of
the Government the emoluments and prescribe the duties and
conditions of service of teachers and non-teaching staff of
private colleges;
(xxix) to prepare the budget according to the provis­
ions of the Statutes;
(xxx) to cancel any degree, diploma, title or any other
distinction granted to any person, in accordance with the
provisions of the Statutes;
(xxxi) to appoint committees and to delegate to them
such functions as it may deem fit;
(xxxii) to make Statutes regulating the method of
election to the authorities of the University, the procedure of
the meetings of the Senate, the Syndicate and other authorities
of the University and the quorum of members required for the
28
transaction of business by the authorities of the University other
than the Senate;
(xxxiii) to recommend to the Government the recog­
nition of any local area within the University area as a
University centre;
(xxxiv) to co-operate with other Universities and
other authorities in such manner and for such purposes as it
may determine;
(xxxv) 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.
' '24. 'The 'A(fad6mic Colineil.- (1) Thie Academic Council
shall be the academic body of the University.
(2) The Academic Council shall, subject to the provisions
of this Act and the Statutes, control and regulate, and be
responsible for the maintenance of standards, of instruction,
education and examinations within the University, and shall
exercise such other powers and perform such other duties as
may be conferred or imposed upon it by the Statutes.
(3) The Academic Council shall consist of the following
members, namely:-
(a) the Vice-Chancellor;
(b) the Pro-Vice-Chancellor;
(c) the Director of Public Instruction;
(d) the Director of Technical Education;
(e) the Director of Collegiate Education;
(f) the Director of Research and Studies;
(g) the Director of Physical Education;
(h) the Director of Medical Education;
(i) the Deans of Faculties;
(j) [XXX]
(k) all the Heads of University Departments of Study
and Research who are not Deans of Faculties;
(1) all members of the Syndicate who are not oth
wise members of the Academic Council;
2d
(m) five members (other than Deans of Faculties) of
whom at least one shall be a Principal of a Government pro­
fessional college, [nominated by the Government from the
principals of professional colleges, by rotation according to
seniority;]
(n) seven members (other than Deans of Faculties) of
whom at least one shall be a Principal of a Government college,
[nominated by the Government from the principals of first
grade colleges other than colleges of oriental languages by rota­
tion according to seniority;]
(o) [two members (other than Deans of Faculties)
nominated by the Government from the Principals of junior
colleges, by rotation according to seniority;]
(p) one Principal of a college of oriental languages,
not being a Dean of Faculty, nominated by the [Government]
by rotation according to seniority;
(q) [One member each of every subject of study (not
being a Dean of Faculty or head of University Department or
Principal) nominated by the Government by rotation according
to seniority:]
(r) one headmaster and one teacher of a Secondary
school in the University area nominated by the [Government;:]
(s) one member representing each Faculty, elected by
the full time post-graduate students, of the faculty from
among themselves;
(t) seven external experts to be nominated by the
[Government] of whom two shall be experts in commerce,
business management or industrial technology.
(4) Members of the Academic Council, other than the
members specified in clauses (a) to (h) of sub-section (3), shall
hold office for a term of four years from the date of their
appointment or nomination, as the case may be:
Provided that a person who has become a member of
the Academic Council in the capacity of a student shall cease to
hold office on his ceasing to be a student:
30
Provided further that a person who has become a member
of the academic council in the capacity of a post graduate
student shall cease to hold office on his ceasing to be a post
graduate student.
25. Powers and duties of Academic Council.- Subject to the
provisions of this Act and the Statutes, the Academic Council
shall have the following powers, duties and functions, namely:-
(i) to advise the Senate and the Syndicate on all
academic matters:
(ii) to make Regulations and to amend or repeal the
same;
(iii) to prescribe the courses of studies in the insti­
tutions maintained by^ or affiliated to, |;h^ IJniyer^ity; < , -
(iv) to prescribe the qualifications of teachers;
(a) in colleges; and
(b) in the institutions maintained by the University;
(v) to prescribe the qualifications for admission of
students to the various courses of studies and to the examina­
tions and the conditions under which exemptions may be
granted;
(vi) to make provision for the admission of students
to the various courses of studies on the basis of m erit in order
to maintain standards of education;
(vii) to make proposals for the instruction and train­
ing in such branches of learning as it may think fit;
(viii) to make proposals for research and advancement
and dissemination of knowledge;
(ix) to make proposals for the institution of professor
ships, readerships, lecturerships and other teaching and research
liosts required by the University;
(x) to make proposals for the institution of fellow­
ships, travelling fellowships, scholarships, studentships, medals
and prizes;
(xi) to make proposals for determining what degrees,
diplomas and other academic distinctions shall be granted by
the University:
31
(xii) to decide what examinations of other Universities
may be accepted as equivalent to those of the University and
to negotiate with other Universities for the recognition of the
examinations of the University;
(xiii) to arrange for the co-ordination of studies and
teaching in affiliated colleges and recognised institutions;
(xiv) to exercise such other powers and perform such
other duties as may be conferred or imposed on it by this Act
or the Statutes, Ordinances, Regulations, rules or bye-laws.
26. Faculties.— (1) The University may have such facul­
ties as may be prescribed by the Statutes from time to time.
(2) Each faculty shall, subject to the control of the
Academic Council, have charge of the teaching and the courses
of study and research in such subjects as may be assigned to
such faculty by the Ordinances of Regulations.
(3) Each Faculty shall consist of —
(a) the Chairman of the Boards of Studies comprised in
the faculty;
(b) [two members from each Board of Studies nominated
by the Syndicate, who are teachers of the University and of the
colleges or institutions by rotation;
(c) not less than five and not more than ten members
nominated by the Syndicate from among teachers, by rotation;
(d) two members, to be nominated by the Syndicate
who are from outside the University on the basis of their
expert knowledge.]
(4) Each faculty shall comprise siich departments of
teaching as may be prescribed by the Ordinances.
(5) Subject to the provisions of this Act each faculty
shall exercise such powers and perform such duties as may be
prescribed by the Statutes.
(6) The members of faculties mentioned in sub-section
(3) shall hold office for a period of three years from the date
of their nomination. [ x x x ]
27. Deans of FaruUies.— (1) There shall be a Dean of
each faculty, who shall be nominated by the Chancellor in
32
consultation with the Vice-Chancellor by rotation from among
the Heads of University Departments or Professors.
j (2) The Dean of each faculty shall be responsible for
the due observance of the Statutes, Ordinances, Regulations
and Bye-laws relating to that faculty.
(3) The Dean of a faculty shall hold office for
term of two years and shall be eligible for renomination.
28. Boards of Studies.— (1) There shall be a Board of
Studies attached to each Department of Study in the University:
Provided however that post-graduate studies in each
department may have separate Board of Studies.
[(lA) Each Board of Studies shall consist of —
(a) the Head of the Department as its Chairman;
(b) such number of members as may be prescribed
by the Statutes, nominated by the Chancellor from among the
teachers of the University and of the Colleges, by rotation;
(c) such number of members as may be prescribed
by the Statutes, nominated by the Chancellor from among
persons who are experts in the field of education;]
(2) The [ X X X ] Powers of the Boards of Studies shall
be prescribed by the Statutes.
(3) Members of the Boards of Studies shall hold office
for a period of three years from the date of their entering
upon office.
[28A.. Dean of the students.— (1) There shall be a Dean
of Students who shall be nominated by the Chancellor fn
consultation with the Vice-Chancellor from among the students.
(2) The Dean of students shall hold office for a period
of two years from the date of nomination and shall be eligible
for renomination.
(3) The Dean of students shall have such functions as
may be prescribed by the Statutes]
29. Students* Council,— (1) There shall be a Students’
Council in the University.
33
(2) The Students’ Council shall consist of the following
members namely:-
Ex Officio Members
(a) [A Senior member from among the Faculties
nominated by the Chancellor who shall be the Chairman of
the Council,]
(b) The Chairman of the University Union.
(c) The General Secretary of the University Union.
(d) The Director, National Cadet Corps.
(e) The Officer-in-Charge of the National Service
Scheme in the University.
(f) The Director of Physical Education.
(g) The Director of Youth Affairs who shall be the
Vice-Chairman of Council.
(h) [The Dean of students].
Elected Members
(a) Fifteen members, not being members of the Senate
^or the Academic Council, elected by the members of the
General Council of the University Union from among them­
selves, of whom five shall be women and two shall be members
of a Scheduled Caste or a Scheduled Tribe.
(b) Three members elected from among the full-tinie
students of the departments of the University in such manner
as may be prescribed.
(c) Two members, other than students, elected by the
members of the Senate from among themselves.
(d) One member elected by the members of the Syndicate
from among themselves.
(e) One member elected by the members of the Academic
Council from among themselves.
Other Members
Five students whn have distinguished themselves in
academic field, sports or fine arts, nominated by the Vice-
Chancellor afteir giving due consideration to the representation
of special interests.
34
(3) A member nominated by the Vice-Chancellor in
consultation with the Chairman of the University Union, from
among the elected student members of the Council shall be
the Secretary to the Council.
(4) The members of the Students* Council other than
ex-ofFicio members shall hold office for a term oi one year irom
the date of their election or nomination, as the case may be.
30. Powers and duties of Sludenls' Council.— (1) Subje
to the provisions of this Act and the Statutes, the Students'
Council shall have the following powers, duties and functions,
namely;—
, (a) to maHe recommendations to, the Syndicate and to
the Academic Council in m atters affecting the academic work
of the students, suqh as the structure of courses and pattern
of instruction, the corporate life of the University in so far as
it concerns the students, and the co-curricular and extra-curri­
cular activities in the University;
(b) to make suggestions to the Syndicate and the
Academic Council in respect of all rules relating to discipline
or welfare of the students, sports, working of literary and
other societies, management of hostels, student homes and non­
resident student centres, extension work, social work, students'
health. National Service Scheme and National Cadet Corps and
such other matters as may be specified in the Statutes;
(c) to communicate its views, observations and recom­
mendations to any authority of the University in respect of
any m atter which concerns the students:
Provided that if any question arises as to whether a
m atter does of does not concern the students, the question
shall be decided by the Chairman of the Students’ Council and
his decision shall be final;
(d) to take such steps as are necessary for the general
welfare of students;
(e) to exercise such other powers and perform such other
duties as may be conferred or imposed on it by this Act or
the Statutes, Ordinances or Regulations.
35
(2) [ The Chairman of the Students" Council shall cause
to be laid before the Syndicate ] and the Students" Council in
such manner as may be prescribed by the Statutes, periodical
reports detailing the recommendations and suggestions made
by the Students’ Council, the action taken thereon by the
authorities to 'wUkh Yeeommendations and suggestions
were made, and if no action was tak'^n by the authorities to
which such recommendations and suggestions were made, the
reason thereof.
31. Finance Commiliee.— (1) There shall be a Finance
Committee to give advice to the University on any question
affecting its finances.
(2) The finance Committee shall consist of the following
members, namely:-
(a) the Vice-Chancellor, who shall be the Chairman;
(b) the Pro-Vice-Chancellor, if any;
(c) one member elected by the members of the Senate
from among themselves;
(d) [three members elected by the members of the
Syndicate from among themselves of whom two
sliall be Deans of Faculties];
(e) one member elected by the members of the Aca­
demic Council from among themselves;
(f) the Finance Secretary to Government or on officer
not below the rank of Joint Secretary nominated
by him;
(g) the Secretary to Government, Higher Education
Department or an officer not below the rank of
Joint Secretary nominated by him,
(3) The Finance officer shall be the Secretary of the
Finance committee,
(4) The powers and functions of the Finance Committee
and its procedure in financial matters, including the delegation
of its powers, shall be prescribed by the Statutes.
32. Planning Board - (1) There shall be a Planning Board
which shall be the principal planning body of the University
to advise the Syndicate and the academic council on any
36
matter which the board considers necessary for the fulfilment
of the objectives of the University.
(2) The Planning Board shall consist of the following
members, namely
(a) the Vice-Chancellor who shall be the Chairman;
(b) three heads ol Umversity depattm ents to be
nominated by the Vice-Chancellor;
(c) One expert to be nominated by the Chancellory
(d) two members to be nominated by the University
Grants Commission;
(e) the Secretary to Government^ Higher Education
Department or an Officer not below the rank of
Joint Secretai*y to Government nominated by him;
(f) the member. State Planning Board in charge of
Education;
(g) the Registrar of the University;
(h) the Finance Officer of the University who shall be
the Secretary of the Board.
(3) The members of the Planning Board mentioned in
clauses (b) and (c) of sub section (2) shall hold office for a
period of four years from the date of their nomination.
(4) The powers and functions of the Planning Board
shall be prescribed by the Statutes.
33. Other Authorities of University.- The constitution,
powers and duties of such other authorities as may be declared
by the Statutes to be the authorities of the University shall
be prescribed by the Statutes.
34. Disqualifications for membership.- (1) No person shall
be qualified for election or nomination or appointment as a
member of any of the authorities of the University or for
continuing as such member, if he-
(a) is below twenty five years of age; or
(b) is of unsound mind or a deaf-mute; or
(c) is an undischarged insolvent; or
(d) has been convicted by a court of law of an
offence involving moral delinquency; or
37
(e) has been debarred by any University from
appearing in examinations, for malpractices in
connection with any examination:
Provided that clause (a) shall not apply to a person
elected or nominated in the capacity of a student to any of
said authorities:
Provided further tliat the disqualification of a person
under clause (e) shall cease on the expiry of the period for
which he has been debarred.
(2) If any question arises as to whether any person is
disqualified under sub. section (1), the question shall be re­
ferred to the Chancellor and his decision thereon shall be final.

CHAPTER V
STATUTES, ORDINANCES, REGULATIONS,
RULES AND BYE-LAWS

35. The Statutes.- Subject to the provisions of this Act,


the Statutes may provide for all or any of the following
matters, namely:-
(a) the powers and duties of the officers of the Univer­
sity, not specifically provided for in this Act;
(b) the constitution, powers and duties of the authori­
ties of the University, not specifically provided for in this
Act;
(c) the procedure for election of members of the Senate,
[ X X X ] the Academic Council and other authorities of the
University and all such other matters relating to these bodies,,
as may be necessary or desirable to provide;
“ (cc) [the procedure for selection and method ©f
appointment, conditions of service, powers and duties of
teachers of the University and non-teaching staff” ];
(d) the award of degrees, diplomas, titles, certificates,
and other academic distinctions by the University;
38
(e) the withdrawal or cancellation of degrees, diplomas
titles, certificates and other academic distinctions;
(f) the maintenance of the register of registered gra­
duates;
(g) the holding of convocations to confer degrees;
(h) the conditions and procedure for affiliation of
colleges;
(i) the conferment of honorary degrees;
(j) the maintenance of the accounts and the pre­
paration and passing of the annual budget of the University:
(k) [the procedure for disciplinary action against
the employees and the manner of term ination of service of
such employees;]
(1) [the procedure for arbitration in case of d
between employees or students of the University:]
(m) [the procedure for appeal to the Syndicate by
any employee or student against the action of any officer or
authority of the University;]
(n) [the constitution of grievance committee for
the employees and students and the terms of references to be
made to it by them;]
(o) [the principles governing seniority of servi
employees;]
(p) [the participation of the students and research
scholars in the affairs of the University;]
(q) [the establishment and abolition of Faculties,
Department, hostel etc;]
(r) [the delegation of powers vested in the various
authorities and officers of the University;]
(s) [the creation, composition and functions of any
other body which is considered necessary for improving the
academic life of the University;]
(t) [all other matters which by this Act are to
be or may be, prescribed by Statutes.]
36. Procedure for making Statutes.- (1) [The Syndicate]
may of its own motion take into consideration the draft of
a Statute:
39
[Provided that, in any such case, before a Statute is
passed, the Syndicate shall obtain and consider the opinion
of the Academic Council]
(2) [The Academic Council] may propose to the [Syndi­
cate] the draft of any Statute for consideration and such draft
shall be considered by the [Syndicate] at the next meeting.
(3) The iSyndicate] may approve the draft oi a Stalxile
proposed by the [Academic Council] and pass the Statute or
may reject it or return it to the [A.cademic Council] for re­
consideration, either in whole or in part, together with amend­
ments which the [syndicate] may suggest.
(4) After any draft returned by the [Syndicate] under
sub-section (3) has been further considered by the [Academic
Council] together with any amendment suggested by . the
[Syndicate], it shall be again presented to the [Syndicate] with
the report of the [Academic Council] thereon, and the-[Syndi­
cate] may then deal with the draft in any manner it thinks
fit.
(5) Where any Statute has been passed by the jSyndi-
cate], it shall be submitted to the Chancellor who may refer
the Statute back to the [Syndicate] for further consideration
or assent thereto or withhold his assent:
Provided that a Statute or amendment to a Statute
passed by the [Syndicate] which involves expenditure from the
University Fund shall be submitted to the Government who
shall forward the same to the Chancellor with their views
thereon.
(6) No Statute passed by the [Syndicate] shall be valid
or come into force until assented to by the Chancellor.
(7) The [Academic Council] shall not propose the draft
of a Statute or of an amendment to a Statute affecting the
status, powers or constitution of any authority of the Uni­
versity until such authority has been given an opportunity of
expressing an opinion upon the proposal; and any opinion so
expressed shall be in writing and shall be considered by the
Syndicate.
40
(8) No Statute providing for the conditions for,
procedure relating to, the affiliation of private colleges shall
be passed by the [Syndicate] without the previous approval
of the Government.
37. Ordinance.- Subject to the provisions of this Act
and the Statutes, the Syndicate shall have power to make
Ordinances providing for aU or any of th e foUowing m atters,
namely:-
(a) the levy of fees in colleges and other institu­
tions, by the University;
(b) the residence and discipline of students;
(c) the workload and pattern of teaching staff in
colleges;
(d) the fixation of th e' scales o f pay of' vark>us
posts in the University and the terms and con d ition s of
service of officers of the University:
Provided that no special pay or allowance or extra
remuneration of any description whatsover including ex-gratia
payment or other benefits having financial implication shall
be granted to any officer, teacher or other employee of the
University without the prior approval of the Government:
Provided further that no such prior approval of the
Government shall be necessary for incurring any such expen­
diture of a non recurring nature subject to a maximum of ten
thousand rupees in the aggregate in a financial year;
(e) all ofher matters which by this Act or the
Statutes are to be, or may be, provided for by the Ordinances.
38. Procedure for making Ordinances.— (1) All Ordina­
nces made under this Act shall have effect from such date as
the Syndicate may direct, [x x x]
(2) [ X X X ]
(3) The procedure to be followed in making, amend­
ing or repealing Ordinances shall be prescribed by the Statutes.
(4) Every Ordinance and amendment to an Ordinance
including repeal of an Ordinance which involves expenditure
shall be [made only with the prior approval of the Govern­
ment.]
41
(5) No Ordinance cor amendment to any Ordinance in­
cluding repeal of an Ordinance which involves expenditure
shall be valid or come into force unless assented to by the
Chancellor,
39. Regulation - Subject to the provisions of this Act,
Statutes and the Ordinances, the Academic Council many make
Regulations providlug iox all Qr any of the following matters,
namely:-
(a) the courses of studies and the conduct of
examinations;
(b) the admission of students to the various
courses of study and to the examinations;
(c) the qualifications of teachers;
(d) the appointment and prescription of duties of
the Boards of Studies and Examiners;
(e) recognition of examinations, degrees and diplo­
mas of other Universities as equivalent to the examinations,
degrees and diplomas of the University; and
(f) all other matters which under the provisions of
this Act, the Statutes and the Ordinances are to be, or may
be, prescribed by Regulations.
40. [Procedure for making Regulations.— (1) All Regu­
lations under this Act, shall have effect from such date as the
Academic Council may direct but every Regulation so made
shall be laid before the Syndicate during its next succeeding
meeting:
Provided that no such Regulation or repeal of a Regu­
lation which involves expenditure shall be made by the Aca­
demic Council without the. prior approval of the Government.
(2) If any Regulation or repeal of a Regulation is not
laid before the Syndicate as required by sub-section (1) the
Regulation shall lapse or, as the case may be, the Regulation
repealed shall revive after the next succeeding meeting of the
Syndicate].
41. Rules, bge-laws and orders- (1) The Syndicate shall
have power to make rules, bye-laws and orders not inconsi­
stent with the provisions of this Act, the Statutes, the Ordi­
nances anci the Regulations, for the guidance and working of
42
Boards and Committees and other bodies constituted under the
provisions of this Act or the Statutes or the Ordinances or the
Regulations and for regulating the procedure and conduct of
business at meeting of any authority of the University other
than the Senate:
Provided that such rules, bye-laws or orders, which
involve expenditure, shall be made only with the prior appro­
val of the Government.
(2) All such rules, bye-laws and orders shall have
effect from such date as the Syndicate may direct, [x x x l
(3) [X X X]
42. Publication in the Gazette.- All Statutes, Ordinances
and Regulations made under this Act shall be published in
the Gazette.

CHAPTER VI
ELECTION TO THE SENATE [ x x x ] AND
THE OTHER BODIES OF UNIVERSITY, FILLJNG UP OF
VACANCIES AND RESIGNATION, REMOVAL ETC.,
OF MEMBERS OF AUTHORITIES AND BODIES

43. Election of members to the Senate, [ x x x ] and other


bodies of the University.- The election of members to the Senate,
[ x X x] and other bodies of the University shall be held in
accordance with the system of proportional representation by
means of the single transferable vote and in accordance with
the procedure prescribed by the Statutes, and the voting at
such election shall be by secret ballot.
44. Filling up of vacancies.- (1) All vacancies among
the members (other than ex officio members) of any authority
or body of the University by reason of death, resignation or
otherwise shall be filled within a period not exceeding six
months, by the person or authority who or which appointed,
elected or nominated the member whose place has become
vacant.
43
(2) Any person appointed, elected or nominated under
sub-section (1) shall hold office as member so long only as
the member in whose place he is appointed, elected or nomi­
nated, as the case may be, would have been entitled to hold
office if the vacancy had not occurred.
45. Resignation or removal of members of any authority or
body.- (1) kVi^ membw of aay authority or body of the
University may resign his office by letter addressed to the
Registrar and the resignation shall take effect on the date of
receipt of the letter by the Registrar.
(2) The [Vice-Chancellor] may, on the re'commendation
of not less than two thirds of the number of members of the
Syndicate, remove the name of any person convicted by a
court of law of any offence involving moral delinquency or
punished by the University for malpractice connected with
any University examination from the register of registered
graduates or remove any such person from membership of any
authority or body of the University. [ x x x ]
(3) [The Vice-Chancellor may, on the recommendations
of the Syndicate] also remove any person from the member­
ship of any authority or body of the University if he becomes
of unsound mind or a deaf-mute or has applied to be adjudi­
cated or has been adjudicated an insolvent.
(4) If an elected member of any authority or body of
the University fails to attened three consecutive meetings of
that authority or body, he shall cease to be a member of such
authority or body and thereupon the Registrar shall intimate
him that he has ceased to be such member:
Provided that such authority or body may, if satisfied
that there was sufficient cause for the failure of the member
to attend the meetings, restore him to its membership.

CHAPTER VII
FINANCE

46. University Fund,- (1) All grants and loans received


from the State Government, tha Government of India, the
44
University Grants Commission and from any other source, all
revenues of theUniversity, all fees received, all incomes such
as rent and profits derived from properties and funds vested
in the University, all endowments and donations received from
any source whatsoever, all other miscellaneous receipts of the
University and all deposits, remittances and service funds,
teceived in connection with the afSairs o! the University shall
form one consolidated fund styled [“The Mahatma Gandhi
University Fund”] and shall be employed for the purposes,
and in the manner laid down in this Act and in the Statutes,
Ordinances, rUles, bye-laws and orders made thereunder:
Provided that separate accounts may be maintained
for specific purposes.
- - (2) -All moneys in [the Mahatma Gandhi University Fujid]
shall be lodged in the Government Treasury or with the
approval of the Government in the State Bank of India or its
subsidiaries upto such limits as may be fixed by the Govern^
ment.
(3) The University may invest such part of the moneys
in [the Mahatma Gandhi University Fund,] as it may deem fit^
in Government securities or securities guaranteed by the Gov­
ernment of India.
(4) The custody of [the Mahatma Gandhi University
Fund], the payment of moneys therein, the withdrawal of
moneys therefrom and all other ancillary matters shall be
regulated by the Statutes, Ordinances, rules and bye-laws
made in that behalf.
47. Grants from Government.- (1) The University shall
^^eceive as grants for its maintenance such sums, subject to
such conditions as may be fixed by the Government, from time
to time.
(2) The Government may pay to the University su
other grants, subject to such conditions as they think fit, for
specific purposes.
48. Annual estimates of income and expenditure.- (1) The
Syndicate shall prepare the financial estimates of the income
and expenditure of the University for the next ensuing year
before such date as may be prescribed by the Statutes and
45
forward the same together with a memorandum conveying
explanatory notes thereon to the Chancellor for consideration.
(2) The Chancellor shall consider the financial estimates
and shall approve it, either without alterations or with such
alterations as he may deem fit.]
49. Funds earmarked for a purpose not to be diverted with­
out prior approval of Government.- The University shall not,-
(a) without the prior approval of the Government,-
(i) divert funds earinarked for a purpose for any
other purpose; or
(ii) impliment any scheme which involves any
matching contribution from the State Govern­
ment; or
(b) implement any scheme which imposes a recurring
liability on the Government, after the assistance from the
sponsoring authority Qeases.
50. Annual accounts.- (1) The annual accounts of the
University shall be prepared under the directions of the Syn­
dicate and shall be submitted to the Government for audit.
(2) The annual accounts together with the audit report
there on shall be published by the Syndicate and copies of
such accounts and audit report shall be placed before the
Senate and submitted to the Government [and the Chancellor.]
(3) The annual accounts shall be considered by the
Senate at its annual meeting, and the Senate may pass resolu­
tions with reference thereto and communicate the same to the
Syndicate which shall take action in accordance therewith.
51. Annual report.- (I) The annual report of the Uni­
versity shall be prepared under the direction of the Syndicate
and shall be presented to the Senate for its review on or
before such date as may be prescribed by the Statutes.
(2) The Senate may pass resolutions on the annual
report and communicate the resolutions to the Syndicate.
(0 The Syndicate shall inform the Senate of the action
taken by it on the resolution passed by the Senate under sub­
section (2) and shall submit a copy of the annual report
46
together with a copy of the resolution, if any, of the Senate
under sub-section (2) to the Government [and the Chancellor.]
(4) The Government shall, as soon as the annual accou
and annual report are received, cause the same to be laid on
the Table of the State Legislative Assembly.
52. Audit of accounts of the University.- (1) The Govern
ment shall appoint auditors of the accounts of the University
and the institutions under the management of the University.
(2) The auditors shall maintain a continuous audit of
the accounts of the University and may, after giving due
intimation, conduct local .audit of any institution under the
management of the University.
(3) The University shall bear the cost of the audit as
fixed by the Government.
(4) After completing the audit for a year or for any
shorter period or for any transaction or series of transactions,
the auditors shall send a report to the University and a dup­
licate copy thereof to the Government.
(5) The auditors shall specify in the report under sub­
section (4) all cases of irregular, illegal or improper expenditure
or of failure to recover moneys or other property due to the
University or of any loss or waste of money or other property
thereof caused by neglect or misconduct of the officers and
authorities of the University.
(6) The auditors shall also report on any other m atter
relating to the accounts of the University as may be required
by the Government.
(7) The University shall forth with remedy any defect or
irregularity pointed out by the Auditors and report the action
taken to the Government.
(8) On consideration of a report of the auditors under
this section the Government may, if they consider it necessary
so to do, direct the University to comply with the provisions
of sub-section (7) within such period as may be specified in
the direction and the University shall comply with such
direction.
47
CHAPTER VIII
PRIVATE COLLEGES AND AFFILIATION OF COLLEGES

53. Definitions.- In this Chapter -


(a) “Gorporatfe nvaftagtmenV" means an educational
agency which manages more than one private college;
(b) “Unitary management^’ means an educational
agency which manages a private college.
54." Governing body fur private college under unitary
management.- (1) A unitary management shall constitute in
accordance with the provisions of the Statutes a governing
body consisting of the following members, namely:-
a) the manager of the private college;
b) the principal of the private college;
c) a person nominated by the University in accor­
dance with the provisions in that behalf contained in the
Statutes;
(d) a person nominated by the Government;
[(dd) Two persons nominated from permanent teachers
by the University % rotation of whom, one shall be from
those having ten years of Service or more and the other shall
be from those having less than ten years of Service;] (e.) [ x x x ]
(f) [ X X X ] (g) [ X X X ]
(h) not more than six persons nominated by the
unitary management.
(2) The manager of the private college shall be
the Chairman [and the Principal shall be the Secretary of the
governing body.]
(3) It shall be the duty of the governing body to advise
the unitary management in all m atters relating to the admini­
stration of the private college, in accordance with the provisions
of this Act and the Statutes, Ordinance, Regulations, rules,
bye-laws and orders made thereunder.
(4) The decisions of the governing body shall be taken
at meetings on the basis of simple majority of the members
present and voting.
55. Managing council for private colleges under corporate
management.- ( 1) A corporate management shall constitute a
48
managing council for all the private colleges under its mange-
ment, consisting of the following members, namely;-
(a) the manager of the private colleges;
(b) One principal by rotation in such manner as may
be prescribed by the Statutes;
(c) a person nominated by the University in accor­
dance with provisions in that behalf contained in the statutes;
(d) a person nominated by the Government;
{(dd) Two persons nominated from Permanent teachers
by the University,by rotation, of whom one shall be from
, thosje Jiaying ten years of Service or more and the other shall
be from those having less than ten years of Service;] (e) [ x x x ]
(f) [ X X X ] ( g) [ X X X ]
(h) not more than fifteen persons nominated by th
corporate management.
(2) The manager of the private colleges shall be
chairman of the managing council.
(3) It shall be the duty of the managing council to
advise the corporate management in all matters relating to
the administration of the private colleges, in accordance with
the provisions of this Act and the Statutes, Ordinances, Regu­
lations, rules, bye-laws and orders made thereunder.
(4) The decisions of the Managing council shall be
taken at meetings on the basis of simple majority of the
members present and voting.
56. Manager .- (1) A unitary management or corporate
management shall appoint a manager for the private college
or for all the private colleges, as the case may be, under its
management within the University area.
(2) The appointment or removal of the manager shall
be intimated to the University by the unitary management or
the corporate management, as the case may be.
(3) It shall be the duty of the manager to give effect
to the decisions of the unitary management or the corporate
management, as the case may be.
49
(4) The manager shall exercise such powers and
discharge such duties as may be delegated to him by the
unitary management or the corporate management, as the case
may be.
(5) The manager shall furnish to the Director of
Collegiate Education audited accounts of the grants given by
the Government to the private college or all the private
colleges, as the case may be, of which he is the manager,
within such time as may be specified by the Director of
Collegiate Education in that behalf.
(6) Suits by or against a private college shall be insti­
tuted by or against the manager thereof.
(7) If the manager of a private college is guilty of
mismanagement, malpractice, corruption or maladministration,
gross negligence of duty or disobedience of instructions issued
by the Government or the University or is convicted for an
offense involving moral turpitude, the Vice-Chancellor may
after giving the manager a reasonable opportunity to show
cause against the action proposed to be taken against him and
after due enquiry declare him unfit to hold the office of
manager and require the unitary management or the corporate
management, as the case may be, to appoint a suitable person
as manager.
(8) Failure on the part of the manager to furnish
accounts to the Director of Collegiate Education as required
by sub-section (5) within the specified date or within such
further time as may be allowed by the Director of Collegiate
Education shall be sufficient cause for taking steps for the
withdrawal of the grant to the private college or private
colleges, as the case may be.
(9) Failure on the part of the manager or the manage­
ment to obey the instructions issued by the University or the
Government in regard to matters relating to the administraticfn
of the private college or the continuance in office of a person
declared unfit under sub-soction (7) shall be deemed to be
sufficient cause for the withdrawal of the aid, grant or
affiliation of the private college by the University or the
Government, as the case may be.
50
57. Acts or proceedings of governing body or managing
council not to be in v a lid a te d No act or proceeding of a
governing body or managing council shall be invalidated merely
by reason of -
(a) any vacancy in, or any defect in the constitution
of, the governing body or managing council aot opposed to
the fundamental principles of law; or
(b) any defect in the appointment of a person acting
as a member of the governing body or managing council; or
(c) any irregularity in the procedure of the governing
body or managing council not affecting the merits of the case.
58. Affiliation of colleges.- (1) An application for affili­
ation to the'Univer&ity of a«y college op fo^r affiliation in new
courses in any affiliated college shall be sent by the educational
agency to the Registrar within such time and in such manner
as may be prescribed by the Statutes.
(2) The terms and conditions of affiliation of a college
o r of affiliation in new courses in an affiliated college and the
procedure to be followed by the Syndicate in granting such a
affiliation, including the period within which the Syndicate
shall consider an application under sub-section ( 1) shall be
prescribed by the Statutes:
Provided that the Chancellor may, by notification in the
Gazette, for reasons to be specified in the notification, extend
the period within which the Syndicate shall consider any
application under sub section (1), whether such period has
already expired or not, by such further period, not exceeding
one year, as may be specified in such notification.
(3) W ithout prejudice to the generality of the provis­
ions of sub-section (2), such Statutes may provide for the
pattern of staff scales of pay and terms and conditions of
service of members of the staff and admission and selection
of students for courses and examinations.
59. [Appointment of teachers in private C o l l e g e s (1)
Appointments to the lowest grade of teacher in each depart­
ment of a private college shall be made by the educational
agency by direct recruitment on the basis of merit.
51
(2) Appointments of principals shall be made by the
educational agency by promotion from among the teachers of
the college or of all the colleges, as the case may be, or by
direct recruitment.
(3) Where the appointment of principal is made by
promotion, the educational agency shall make the appointment
on the basis of seniority-cum'-fil ness.
(4) Appointments to the posts, Qther than those
referred to in sub sections (1) and (2), shall be made by the
educational agency by promotion from among the teachers of
college or of all the colleges, as the case may be, on the basis
of seniority-cum-fitness, or, if none among them is fit for
promotion, by direct recruitment.
(5) For making appointment under this section by
direct recruitment, the post shall be advertised in such manner
a^ may be prescribed by the Statutes.
(6) The educational agency shall not abolish a course
of study in a private college without the prior approval of
the University,
(7) Every appointment under section shall be made by
a written order of the Manager in such from as may be
prescribed by Statutes, communicated to the person to be
appointed, with copy to the University.
(8 ) Every appointment under this section shall be
reported to the Uuiversity for approval.
(9) Any person aggrieved by any appointment under
this section may appeal to the Appellate Tribunal.]
60. Qvalificalion of teachers.- (1) Teachers of colleges shall
possess such qualifications as may be prescribed by the
Regulations.
(2 ) Notwithstanding anything contained in any law or
in any judgement, decree or order of -any court or other
authority any derision or order exempting any teacher from
possessing the prescribed qualifications or apnroving the appoint­
ment of any teacher who did not possess the prescribed
qualifications or allowing any teacher who did not possess the
prescribed qualifications to continue in service, made by any
52
authority or officer of the University of Kerala under the
Kerala University Act, 1974 (17 of 1974), before the commence­
ment of this Act shall be deemed to have been made by the
authority competent to make such decision or order under this
Act as if this Act had been in force at the time when such
decision or order was made, and accordingly all such decisions
and orders shall be, and shall be deemed always to have been,
valid and in accordance with law.
61. Probation.- (1) Teachers of private colleges shall be
on probation for a period of one year within a period of
two years:
Provided that in exceptional cases, the period of
probation may be extended by a jieriod riot' exceeding bne
year, subject to the prior approval of the syndicate.
Explanation.- Probation undergone by a teacher before
the commencement of this Act shall be deemed to be probation
for the purposes of this sub-section, provided such probation
is within a period of two years immediately before such
commencement.
(2) Notwithstanding anything contained in any con­
tract or other document, any teacher working in a substantive
vacancy at or after the commencement of this Act shall be
deemed to be on probation for the purpose of sub-section ( 1).
(3) The educational agency may, at any time before
the prescribed period of probation, terminate the probation
of the probationer for want vacancy and discharge him from
service if he was appointed by direct recruitm ent or revert
him to his original appointment if the appointment to the new
post was by transfer or promotion.
4) Any probationer discharged or reverted under sub
section (3) shall be given preference in the m atter of future
appointment to the same post.
(5) On Satisfactory completion of probation, the edcu
ional agency, shall confirm the teacher in the post and if the
vacancy is not a substantive vacancy the teacher shall be
allowed to continue in the post for the duration of the
vacancy.
53
(6) If, on the expiry of the prescribed period of probat­
ion, the educational agency decides that the teacher is not
suitable for continuance in the post in which he is appointed,
it shall discharge him from service or revert him to his origiiial
appointment, as the case may be, after giving him a reason­
able opportunity of showing cause against the action proposed
to he taken iu regard to him..
(7) Where the post heldby the probationer is sub­
stantively vacant and before the expiry of one month from
the prescribed period of probation he is not confirmed under
sub-section (5) or is not discharged or reverted under sub-section
(6) he shall be deemed to have been confirmed in that post.
(8) A probationer who is discharged or reverted under
sub section (6) or who is discharged or reverted before the
prescribed period of probation otherwise than on the ground
of want of vacancy shall be entitled to appeal against the
order of discharge or reversion to the Appellate Tribunal and
the provisions of section 63 shall, mutatis mutandis apply
to such appeals.
62. Conditions of service of teachers of Private Cofleges.-
( 1) Notwithstanding anything contained in any law or in any
contract or other document, the conditions of service of
tcachers of private colleges, whether appointed before or after
the commencement of this Act including conditions relating
to pay, pension, provident fund, gratuity, insurance and age
of retirement, shall be such as may be prescribed by the Statutes.
(2) [Notwithstanding anything contained in the Act,
the Statutes, Ordinances and Regulations made there under, -
(a) a person appointed as teacher in a private College
in a temporary vacancy and continuing as such shall be appo­
inted as teacher in any permanent vacancy that may arise, after
such appointment in the temporary vacancy, in the private
College or, as the case may be, any of the private Colleges
under the management of the educational agency within the
University area;
(b) a teacher relieved from a private College on or
after the 14th day of March, 1974 due to the abolition of a course
of study in that private College or the cessation of the period
54
for which he was appointed or for any other reason except
disciplinary action against him shall be given preference in
the m atter of future appointments in the private Colleges or,
as the case may be, any of the private Colleges under the
management of the educational agency with in the University
area,]
63. Dhciplinarg powers of Educational Agency over teachers
of Private Colleges.- (I) The Educational Agency may at any
time place a teacher of a Private College under suspension
when any disciplinary proceedings is proposed to be taken
against him or when such disciplinary proceedings are pending.
(2) A teacher of a Private College who is detained in
custody whether on a criminal Charge or otherwise for a period
tJxceeding foiIrt5^-e'ight hour's shall be deemed to have been
suspended with effect from the date of detention by an order
of the Educational Agency and shall remain under suspension
until further orders.
(3) When a teacher of a private College is suspended
for a period exceeding fifteen days, the m atter together with
the reasons for the suspension, shall be reported to the
Vice-Chancellor.
(4) Any disciplinary proceedings against a teacher of a
private college by the educational agency shall be completed
within a period of three months or within such further period
as may be allowed by the Vice-Chancellor.
(5) No disciplinary action shall be taken against a
teacher without giving him a reasonable opportunity of showing
cause against the action proposed to be taken against him.
(6) Any teacher aggrieved by an order imposing on him
any of the following penalties, namely:-
(a) withholding of increment;
(b) recovery from pay of any pecuniary loss caused
to the institution or the monetary value equivalent to the
amount of increment ordered to be with held;
(c)reduction to a lower rank in the seniority list or to
a lower grade or post; and
[(cc) removal from service
55
(ccc) compulsory retirement from service]
(d) dismissal from service,
may, within sixty days from the date on which a copy of such
order is served on him, appeal to the Appellate Tribunal on
any one or more of the following grounds, namely:-
(i) that there is want of good faith in passing the
order;
(ii) that the order is intended to victimise the appel­
lant;
(iii) that in passing the order, the educational agency
has been guilty of a basic error or violation of the principles
of natural justice;
(iv) that the order is not based on any material or
is perverse:
Provided that the Appellate Tribunal may admit an
appeal presented after the expiration of the said period of
sixty days if it is satisfied that the appellant had sufficient
cause for not presenting the appeal within that period.
(7) On receipt of an appeal under sub-section (6) the
Appellate Tribunal may, after giving the parties an opport­
unity of being heard, and after such further inquiry as maybe
necessary pass such order thereon as it may deem fit, including
an order of reinstatement of the teacher concerned.
(8 ) Any order passed by the Appellate Tribunal under
Sub-section (7) may be executed through the Subordinate
Judges Court having Jurisdiction over the area in which the
private college is situate as if it were a decree passed by
that court.
(9) Any person who objects to an order passed by the
Appellate Tribunal under sub-section (7) may, within sixty
days from the date on which a copy of such order is served on
him, prefer a petition accompanied by court fee stamps of the
value of ten rupees to the High Court on the ground that the
Appellate Tribunal has either decided erroneously or failed to
decide, any question of law.
(10) The provisions of section 5 of the Limitation Act,
1963 (Central Act 36 of 1963), shall be applicable to any
proceedings under sub-section (9).
56
(11) The High Court shall, after giving the parties a
opportunity of being heard, pass such order on the petition,
as it deems fit.
(12) Where the High Court passes any order under sub­
section (11), the Appellate Tribunal shall amend the order
passed by it in conformity with the order of the High Court.
64. Disciplinary Powers of Government over teachers of
Private Colleges.- (1) Notwithstanding anything contained in
this Act or in the Statutes, Ordinances or Regulations and
subject to such rules as may be made by Government in this
behalf, the Government or such officer not below the rank of
Deputy Director of Collegiate Education, as may be authorised
by the Governrnent in this behalf, shall have power to take
disciplinary proceedings against a teacher of a private college
and to impose upon him all or any of the penalties specified
by our under this Act:
Provided, that before exercising the powers under this
sub-section, the Government or the authorised Officer, as the
case may be, shall intimate the* manager regarding the circum­
stances reqiring disciplinary action against the teacher con­
cerned and give the manager a reasonable opportunity of
taking disciplinary action and the Government or the authorised
Officer, as the case may be, shall take disciplinary action
against the teacher only if the manager fails to take appro­
priate disciplinary action.
(2) The Government or the officer authorised und
sub-section ( 1), as the case may be, may suspend a teacher of
a private college when any disciplinary proceeding is proposed
to be taken against him under that sub-section or when such
disciplinary proceedings are pending.
65. Past disputes relating to service conditions of teachers.-
Notwithstanding anything contained in any law for the time
being in force, or in any contract or in any judgment, decree
or order of any court or other authority any dispute between
the management of a private college and any teacher of that
college relating to the conditions of service of such teacher
pending at the commencement of this Act shall be decided
57
under and in accordance with the provisions of this Act and
the Statutes made thereunder.
66 . Membership of Local Authorities, etc. - A teacher of a
private college shall not be disqualified for continuing as such
teacher merely on the ground that he has been elected or
nominated as a member of a local authority or of the Legi­
slative Assembly of the State or of Parliament.
67. Non-teaching staff of Private Colleges.- (1) The
provisions of this Chapter shall, so far as may be, apply to
the non-teaching staff of the private colleges.
(2) Subject to the provisions of sub-section ( 1), the
method of appointment, pay and other conditions of service
of the non-teaching stall of private colleges shall be such as
may be prescribed by the Statutes.
68. Transfer of teachers to other Universities.- (1) Where
an educational agency has colleges under the jurisdiction of
the Mahatma Gandhi University and also u n d e r the jurisdiction
of the Kerala University or the Calicut University, the edu­
cational agency shall within three months of the commencement
of this Act or within such further period, n o t exceeding thre«
months, as may be granted by the Government for sufficient
reason, prepare a seniority list of the teachers of all such
colleges.
(2) After the preparation of the list under sub-section
( 1), the educational agency shall give a right of option to
the teachers as to the University under the jurisdiction of
which he opts to remain and the teachers shall be allotted to
each University area in accordance with such option:
Provided that where the number of teachers who have
opted to work under the jurisdiction of the Mahatma Gandhi
University or the Kerala University or the Calicut University
is more than the number required, allotment shall be made on
the basis of seniority.
(3) Any teacher aggrieved by any entry in the list
prepared under sub-section ( 1) or by the allotment under
the sub-section (2) may appeal to the Government within sixty
days from the date of communication of the list or order of
58
allotment to him, and the decision of the Government there­
on shall be final.
(4) Where a teacher is allotted to a University area
under this section he shall not be transferred to a college
affiliated to any other University.
(5) Nothing contained in this section shaW apply in
respect of principals of private colleges.
69. Constitution of Appellate Tribunal.- (1) The Govern­
ment shall constitute an Appellate Tribunal for the purposes
of this Act.
(2) The Appellate Tribunal shall be a judicial officer not
below the rank of a District Judge, nominated, by tjie .Chancellor
in consultation with the High Court.
(3) The term of office ofthe Appellate Tribunal shall
be three years from the date of its nomination.
(4) The Appellate Tribunalshall have the power to
make regulations consistent with the provisions of this Act
with the previous sanction of the Government for regulating
its procedure and disposal of its business.
(5) The regulations so made shall be published in the
Gazette.
(6) The remuneration and other conditions of
service of the Appellate Tribunal shall be such as may be
prescribed by rules.
70. Bar of Jurisdiction of civil courts:- No civil court shall
have jurisdiction to settle, decide or deal with any question
or to determine any m atter which is by or under this Act
required to be settled, decided or dealt with or to be deter­
mined by any authority or person under this Act.
71. Private colleges to compli] with provisions of Chapter within
six months:- All private colleges existing in the University
area immediately before the commencement of this Act and
affiliated to the University shall, within a period of six months
from such commencement, comply with the provisions of this
Chapter.
69
72. colleges not complying with provisions this A c t- .
(1) If the syndicate is satisfied that any private colleges has
not complied with any provision contained in this Act or in
the Statutes, Ordinances, Regulations, bye-laws orders or rules,
it may recommend to the Government for withholding discon­
tinuing aid or grant or it may disaffiiliate the college from the
University;
Provided that before disaffiliating a college, the educat­
ional agency and the governing body or managing council,
as the case may be, shall be given an opportunity of being
heard.
(2 ) If, on a recommendation under sub-section ( 1), the
Government are satisfied that any private college has
not complied with any of the provisions of this Act or of the
statutes. Ordinances, Regulations, bye-laws, orders or rules,
they may, by order, direct that the college shall not be given
any aid or grant from the Government:
Provided that before making any such order, the edu­
cational agency and the Governing body or managing council,
as the case may be, shall be given an opportunity of being
heard.
73. Code of conduct for teachers of affiliated colleges.- (1) The
Government shall, in consultation with the university and
the representatives of the teachers, frame a Code of Conduct
to be observed by the teachers of Government and Private
Colleges.
(2) Any teacher of a Government or Private College
who contravenes any of the Provisions of the Code of Conduct
shall be liable for disciplinary action v/hich may involve the
imposition of a major penally.
[74. Inspection- (1) The University may, at regular
intervals as it deems necessary, and shall once in every five
years, cause an inspection to be made such person or machinery,
as may be prescribed by the Statutes, of the University, its
buildings, laboratories, libraries, museums, workshops and
equipments and of other institutions maintained, recognised
or approved by, or affiliated to, the University, and also of
60
the work conducted the University and also cause an
enquiry to be made in respect of any m atter connected with
the University.
(2) A report of the inspection made under sub-section
(1) shall be placed before the Syndicate for such action as
may be necessary.
(3) The Syndicate shall report to the Government and
the Chancellor the action, if any, which is proposed to be
taken or has been taken upon the result of any inspection or
enquiry under sub-section ( 1) . ]
75. Appointment of Commission to inquire into the working
of Uriiversity- (1) The Government may at any time and shall,
at the expiration of ten years from the commencement' of
this Act and thereafter at the expiration of every ten years,
by order published in the Gazette, constitute a Commission
which shall consist of a Chairman, and such other members
not exceeding five as the Government may appoint and such
order shall define the procedure to be followed by the Com­
mission.
(2) The Commission constituted under sub-section (l)
shall inquire into and report on-
(i) the working of the University during the period
to which the inquiry relates;
(ii) the financial position of the University including
the financial position of its colleges and departments;
(iii) any change to be made in the provisions of this
Act or the Statutes, Ordinances, rules and bye-laws made
thereunder with a view to bringing about improvements in the
affairs of the University; and
(iv) such other matters as may be referred to it by
the Government, and make such recommendations to the
Government as it thinks fit.
(3) On receipt of the report and the recommendations
of the Commission under sub-section (2), the Government shall
forthwith refer such report and recommendations to the
[Syndicate] for consideration and report.
t>l
(4) Immediately after the [Syndicate] has considered
the report and recommendations of the Commission and sub­
mitted its report to the Government, the Government shall
consider the report of the [Syndicate] and pass such orders
thereon as they think fit and shall also cause the same to be
published in the Gazette.
(5) [The Syndicate] shall be responsible for carrying
into effect any orders passed by the Government under sub­
section (4) within six months.
76. [ X X X ]
77. Power of Government to make rules.- (1) Thei Govern­
ment may, by notification in the Gazette, make rules not
inconsistent with the provisions of this Act for the purpose
of exercising the powers and discharging the duties conferred
or imposed on the Government by this Act.
(2) Every rule made under this section 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 make any modification in the rule or
decides that the rule should not be made, the rule shall there­
after 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 any­
thing previously done under that rule.
78. Reservation of appointments.- In making appointments
by direct recruitment to posts in any class or category under
the University or to posts of non-teaching staff in the Uni­
versity, the University shall mutatis mutandis observe the
provisions of clauses (a), (b) and (c) of rule 14 ‘and rules 15,
16, 17 and 17A of the Kerala State and Subordinate Service
Rules, 1958, as amended from time to time.
79. [X X X]

80. Conditions of Service.- (1) Save as otherwise provid­


ed by or under this Act every salaried officer and other tea­
cher of the University shall be appointed by a w ritten order.
62
(2) The written order referred to in sub-section (1)
shall be lodged with the Registrar and a copy thereof shall be
furnished to the officer or teacher concerned.
(3) Any dispute between any officer or teacher of the
University and the University shall, on the request of the
University or the officer or teacher concerned be referred to
the Appellate Tribunal for decision, and thereupon, the pro­
visions of sub-sections (7), (8 ), (9), (10), (11) and (12) of
section 63 and the regulations made by the Tribunal under
section 69 shall m utatis mutandis apply to the decision of
such dispute.
81. Pension, Insurance and Provident Fund.- W ith the
previous, approval of the Grovernmcnt,, the, Unjve;-sijty, shall
make appropriate provisions for the benefit of its officers,
teachers and other servants under its control in matters of
insurance, pension and provident fund and for such other
benefits as it may deem fit in such manner as may be presc­
ribed by the Ordinances.
' 82. Proceedings of the University and bodies not to be inva­
lidated bg vacancies:- No act or proceedings of the Senate, the
Syndicate, the Academic Council or other body constituted
under this Act or th^e Statutes or the Ordinances shall be
deemed to be invalid merely by the reason of any vacancy in
the body doing or passing it, at the time any such act or
proceeding is done or passed.
83. Proceedings of the Senate, Syndicate and Academic
Council- The Registrar shall forward to the Government
within one month of the date of any meeting of the Senate
or the Syndicate or the Academic Council copies of the pro­
ceedings of such meetings.
84. Dispute as to constitution of University Authority or
body- If any question arises regarding the interpretation of
any provision of this Act, or of any Statute, Ordinance,
Regulation, rule, bye-law or order or as to whether a 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 may be referred to the Chancellor and shall be so
referred to him if not less than twenty five members of the
63
Senate so require, and the Chancellor shall, after taking such
advice as he deems necessary decide the question and such
decision shall be final.
85. Report on n0iate.d Colleges.- The Vice-Chancellor
shall, at the end of every three years from the commencement
of this A.ct submit a report to t\\e Govenvment on the condi­
tions of affiliated colleges.
86. Protection of acts and orders.- All acts and orders
duly and in good faith done or passed by the University or
any of its authorities, bodies or officers shall be final; and no
suit shall be instituted ajgainst, or damage claimed from the
University or its authorities, bodies or officers for anything
done or purporting to be done in pursuance of this Act and
the Statutes, Ordinances, Regulations, rules, bye-laws and
orders made thereunder.
87. Institutions affiliated to University.- (1) All colleges
existing in the University area immediately before the comm­
encement of this Acts shall stand affiliated to the University.
(2) The Government may, at any time, transfer to the
University any institution subject to such terms and condi­
tions as may be agreed upon between the Government and
the University as regards its future maintenance and control.
88. Duty o f teachers, etc., in connection with University
examinations.- (1) It shall be the duty of a teacher or a
member of the non-teaching staff of an affiliated college or an
officer, teacher or other employee of the University to do any
work in connection with an examination conducted by the
University which he is required by the competent officer or
authority of the University to do.
(2) If any teacher or member of the non-teaching staff
of an affiliated college or a|iy officer, teacher or other emplo­
yee of the University ref us without sufficient cause to the
satisfaction of,-
(a) in the case of a teacher or a member of the non­
teaching staff of an affiliate>d college, an officer not below the
rank of Deputy Director of C>llegiate Education authorised
by the Governm<ent in this behalf; and
64
(b) in the case of an officer, teacher or other emplo­
yee of the University, the Vice-Chancellor,
to do any work in connection with an examination conducted
by the University when required to do so by the competent
Officer or authority of the University, he shall, without pre­
judice to any other action th at may be taken against him,
forfeit his pay and allowances for a period of two months,
commencing .on the date of commencement of the examination.
Explanation.- Failure to comply with the requisition of
the competent officer or authority of the University shall be
deemed to be refusal for the purposes of this sub-section.
(3) An order of forfeiture under sub-section (2) shall
be made,-
(a) in the case of a teacher or a member of the non­
teaching staff of an affiliated college, by the officer authorised
under clause (a) of the said sub-section; and
(b) in the case of an officer, teacher or other employee
of the University, by the Vice-Chancellor.
(4) No order of forfeiture shall be made under sub­
section (3) without giving the person who may be affected
t h an opportunity of being heard.
e r e b y

(5) Any person aggrieved by an order referred to in


sub-section (4) may, within sixty days from the date on
which a copy of such order is served on him, appeal to the
Appellate Tribunal, and the Appellate Tribunal may, after
giving the parties an oppertunity of being heard and after
such further inquiry as may be necessary, pass such order
thereon as it deems fit.
89. Punishment for inigularities bg teachers at examinations-
Any teacher of an affiliated college or a teacher of the Uni­
versity who-
(a) connives with, or assists, any candidate at an exa­
mination conducted by the University to do any malpractice
at such examination; or
(b) delays the valuation and return of answer books
of candidates at any such examination which have been given
to him for valuation;
65
shall without prejudice to any other aetion that may be taken
against him be liable for disciplinary action.
90. Registered Graduat&^s.- All graduates of the University
constituted under this Act and all graduates of any otheir
University residing in the University area shall be entitled
to be registered under tha provisions of this Act a§ graduates
of the University constitfiited under this Act: ,
Provided that all registered graduates of t^e Kerala
University constituted under the Kerala University Act, 1974
who are employed, or are residing, within the t^ ritq ria l jurash
diction of (the Mahatma Gandhi University] constituted under
this Act shall be deemed to be registered graduates af the
[Mahatma Gandhi University] constituted under this Act.
91. AppoiMrmnl of first Vice-Chancellor.- Notwithstanding
anything to the contrary contained in section 10, the Chan­
cellor shali appoint such person as he thinks fit to be the
"First Vice-Chancellor of the University for a period not ex­
ceeding three years.
92* .Appointment of Registrar, ConiroUer of and
Firimce Officer during initial period of two years.‘- Notwith­
standing anything contaieed in sections 12, 13 and 14, fo ra
period of two years from the commencement of this Act, the
Registrar, the Controller of E:saminations and the Finance
Offlcer shall be appointed by the Chancellor for the said period,
On a salary to be fixed by him and on such other conditions
as he thinks fit:
Provided that the power under this section shall not
be excercised by the Chancellor after nomination of Syndicate
under section 94.
93. Appointment of the first Universiig Staff.- fiotviithstand-
ing anything containted in this Act> the Chan^dlldr shall halve
power to appoint such officers and servants of tJli IJhiv^^tsity as
may be necessary for ensuring the working of the University,
94; Nomination of first Universitiff authorUies.- Notwith­
standing anything contained in this Act, the first of all autho­
rities of the University shall be nominated by the Chancellor
m
P^nojdrol {forty eighty from the date of npininatr
ion or till the consti|^M tn authorities in accordance
with the. provisions of this Act, whichever is earlier.
95. Colleges and other institutions within the jurisdiction of
Ihe "Uniuerptu- (1) AIJ cq,lieges arid[ other educational institu-
tfoiis within the areas to which the jurisdiction of the Uni­
versity ektenis, which immediately before the comraencement
of this Act were recognised by or were affilikted to, the University
Merala as institutions providing courses of study for ad-
niisfiiori t<i ex^rAinations of th it University for degree, diplomas
other aca<}emic disi^inction shall be deemed to be institut­
ions refcognised by, or affiliated to, [the Mahatma Gandhi Uni­
versity] under this Act and the provisions of this Act shall
apply aceordihgly.
(2); Any student of any college within the area referred
subTsection (1) and affiliated to the University of Kierala
immediately before the commencement of this act shall be
permitted to complete his course under the University of
Kerala, and the [Mahatma Gandhi University] shall provide for
the instruction of such students in accordance with the course
of study in the University of Kerala and shall comply with
su«h directions as may be given to it by the University of
Kerala in respect of those students.
96. Transfer of service of certain emploijees from the Univer­
sity o f Kerala to [the Mnhatmn Gandhi University].- (1) Any person
in the employment of the University of Kerala may subject to
such conditions and restrictions as may be specified by the
Government in this behalf, opt to serve in connection with
the afliairs of the [Mahatma Gandhi University.]
(2) As soon as may be after the date of the commence
ment of this Act, the Government may, after consulting the
Vice-Chancellors of the University of Kerala and [the Mahatma
Gandhi; University] direct, by general or special order, that
such of, the employees of the University of Kerala as are

*' The <3andiji university (Second Amendment) Act, 1986, Act 23 of 1986.
67
specified in such order shall stand allotted to serve in connec­
tion with the affairs of [the Mahatma Gandhi University] with
effect from such date as may be specified in such order.
(3) In making an order under sub-section (2), the per­
sons who have opted under sub-section ( 1) to serve in connec"
tion with the affairs of [the Mahatma Gandhi University] ;shall
given preiersncfe.
(4) With effect from the date specified in an ordejr
under sub-section (2) the persons specified in such order and
allotted to serve in connection with [the Mahatma Gandhi
University] shall become employees of [the Mahatma: Gandhi
University] and shall cease to be employees, of the Univer-
bf Kerala.
(5) Every person who becomes an employee of the
[Mahatma Gandhi University] under sub-section (4) shall, hold
office under that University by the same tenure, at the skme
remuneration and upon the same terms and conditions and
with the same rights and privileges as to pension, gratuity, if
any, and other matters as he would have held the same on
the date specified in the order under sub-section (2), as, if this
Act had not been passed.
(6) The liability to pay pension and gratuity to the
persons referred to in sub-section (2) shall be the liability of
the. [Mahatma Gandhi University.]
97. Transfer of accumulation in provident fund and other
like funds - (1) The sums to the credit of the Provident fund
accounts of the persons referred to in sub-section (2) of section
d6 as on the date specified in the order under that sub-section
shall be transferred to [the Mahatma Gandhi University,] and
the liability in respect of the said provident fund accounts
shall be the liability of the [Mahatma Gandhi University.]
(2) There shall be paid to the Mahatma Gandhi Unive­
rsity out of the accumulation in the superannuation fund and
other like funds, if any, of the University of Kerala such
amounts as have been credited to the superannuation fund and
other like funds, if any, on behalf of the persons referred to
in sub-section (2) of section 96.
68
(3) The an^unt^ paid under sub-seotion (2) shall fo
part of the superannuation fund or other iike,funds, if 'any, lli^t
may he established by [the Mahatma Gandhi University] for the
benefit of its employees, ,
9^, Apporlipnment of funds and assets of ttjLe Ufimrsiiy of
ICeraia.- A cpmTnittcc wnsisting of the tiw
University oiE Ketal^, the Vice-Cbai^cellor of Mahatraa
Gandhi UniversityJ ^ d the Secretary to the Government of
Department shall thq jfuestion of
transfer , o | fu ii^ and;assets, dther than *hosie;rrefcjcri|i* t© in sub­
jection: (3) of section 99 from the Uaiy^rwty of Keralja to [th^
Mahatma Gandhi University] and>shall recommend* to t|ie
O i^ 0irom ^t,tlve action tp ;be, t^ e n in the m;atter,,aiid tfie
deeisioB the Government on such recommendation shgU
te final.
99.‘ Ad 17 of 1974 not lo apply- (1) Subject to the
provisions of this section, the Kerala University Act, 1974
(17 of 1974), i^hall, with effect from the date of the commence­
ment of this Act cease to apply in respect of the areas to
which the jurisdiction of fthe Mahatma Gandhi University]
Extends.
( 2) Notwithstanding anything contained in sub-section
(1), all Statutes and Ordinances made under the Kerala
University Act, 1974 (17 of 1974) and in force on the date 6f
the commencettient of this Act shall, in so far as they are not
inconsistent with the provisions of this Act continue to be in
force in respect of the areas referred to in sub-section ( 1)
iintii they are replaced by the Statutes and Ordinances to be
made under this Act.
(3) AH property, whether movable or immovable,
including lands, buildings, equipments, books and library and
all rights of whatever kind owned by or vested in or held in
trust immediately before the date of the commencement of
this Act by the University of Kerala at the University Study
Centres at Paiai, Kottayam and Ghanganacherry as well a*
all liabilities legally subsisting against the Universily of
Kerala at these centres sliall stand transferred to and vest m
the MiSdiatina (jrandlii Universi%. ^
,69
(4) Nothing in this section shall be held to prejudice
or affect the application of sciction 4 and 23 of the Interpretation
and General clauses Act, 1125 (VII of 1125).
100. First Slalufes an^ Ordinances.- [(1) Notwithstanding
anything contained in this Aet, the first Statutes and the
first Ordinauces af tUe yinAversity shall .be made by the
Gov^ernment in consultatic>n with the University Grants
Commission, within a perio'd of one year from the date of
commencement of the Mahatma Gandhi University (Amendment)
Act 1988.]
(2) Every first Statutes and every first Ordinance, made
under this section shall be laid as soon as 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 iu 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 makes any modification in
the first Statute or the first Ordinance, as the case may be,
or decides that the first Statute or as the case may be, the
first Ordinance should not be made, the first Statute or the
first Ordinance as the case may be shall there upon have effect
only in such modified form or be of no effect, as the case may
be; so however that no such modification or annulment shall
be without prejudice to the validity of anything previously
done under the first Statute or the first Ordinance.
W l. Renwoal of difficmlties- (1) If any difficulty arises
as to the first constitution or reconstitution of any authority
of the University or otherwise in giving effect to the provisions
of this Act the Government may by order do anything not
inconsistent with the provisions of this Act which appears to
them necessary for the purpose of removing the difficulty.
(2 ) Every order issued under sub-section (1) shall be
laid, as soon as may be after it is issued, 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 succ­
essive sessions, and if before the expiry of the session in
which it is so laid or the session immediately following, the
Legislative Assembly makes any modification in the order or
70
decides that the order should not be issued, 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 modifica-
tioni or annulment shall be without prejudice ; to the validity
of anything previously done under that order.
|02. and saoing^- {\) Gandhiji University Ordi-
nahce, 1984 (92 of 1984) 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 desemed to
have been done or taken undcir this Act.
CXFLANAHUNS

1. Portions marked as [x x x] denote the omissiqns made


by the Mahatma Gandhi University (Amendment) Act^
1988- Act 12 of 1988.
2 . Portions given in brackets [ J and not mentioned in the
foot-notes,:if any, else where are amendments / substitu­
tions / additions made by the Mahatma Gandhi University
Amendment Act, 1988 - Act 12 of 1^88;
AlWEXURE 1
ACT 23 OF 1986
THE 6AN0HIJ1 UNIVERSITY (SECOND AMENDMENT)

ACTi f»se
An Ant fmlkat la amend the GandHji University Aet, 1985.
PI‘effm$£e.-WHEREA'S it is expedient further to amend the
GandMJ^ U iii^ sity Act, |9&5, far Jthe purpose hereinafter
appearing;
BE it en«tcted in the Thirty-seventh Year of the Republic
of In^ld' as .................... .......................................................
1. Short title and commemement- (1) . This Act may be
called 6 |khdhiji University (Second Amendment) Act, 1986.
(2) It shall be deemed to have come into force on the
13th day of June, 1986.
2. Amm^ment of section 9 4 .-In section 94 of the Gandhiji
University Act, 1985 (12 of 1985) (hereinafter referred to as the
principal Act), for the words “ two years”, the words '‘forty
eight months” shall be substituted.
3. Repml and saving.- (1) The Gandhiji University (Second
Amendment) Ordinance, 1986 (47 of 1986), is hereby repealed.
(2) Notwithstanding such repeal, anything done or
deemed to have been done or any action taken or deemed to
have been tsken under the principal Act as ame^nded by the
said Ordinance shall be deemed to have been done or taken
under the principal Act as amended by this Act.
73
ANNrExim i:'ii-:
ACT 13 OF 1987
THE GANDHIJI UNIVERSITY (AMENDMENT) ACT, 1987
An A d further to amend the Gandhiji University Act, 1985 and
An Ad for certain matters inpim tal there to^
Pr^amWe.-WHEREAS it is expedient further to amend the
Gandhiji tlniversity Act, 1985, for the purposes' hereiflafter
appearing;
!^E it enacted in the Thirty-eighth Year of the Republic
of India as follows:-
1. ahort title and commencement- (1) This Act may t>e
called the Gandhiji University (Airiendment) Act, 1987.
(2) It shall be deemed to have come into force on the
1st day of June, 1987.
2. Amendment of section 10.- In section 10 of the Gandhiji
University Act, 1985 (12 of 1985) (hereinafter referred to as the
principal Act),-
(a) in sub-section (4), for the words, *‘sl period of three
months of its appointment” the words “a period of five months
of its. appointment or within such further period, not exceed­
ing one month, as the Chanicellor may specify in this behalf”
shall be substituted;
(b) in sub-section (6 ), for the words, brackets and'
figure “ specified in sub-section (4)’", the words, brackets and
figure ^'specified in or under sub-section 4” shall be substi­
tuted;
(c) in sub-section (7) for the wards, brackets and figure
“^specified in sub-section (4),” the words brackets and figure
“specified in or under sub-section (4)’\ shall be substituted.
3. Revival of the committee and validation.- Notwithstanding
anything contained in the principal Act, or in any other law
for the time being in force, the term of office of the members
of the committee appointed by the Chancellor under section
10 of the principal Act by notification No. GS3-5895/86
dated the 3rd March, 1987 which expired on the 2nd day of
June, 1987, shall with effect from the date of publication
of this Act in the Gazette revive and accordingly anything
done or to be done or any action taken or to be
tElken by the Chancellor or the said committee or any
other person or authority ih the purported exercise o f, the
powers and functions conferred by or under the principal Act
shall not be deemed to be invalid or ever to have been invalid
Merely on the ground that the term of office of the members
of the committee aforesaid had expired on the said date.
74
r tn
ACT II OF i m
THE GANDHIJI UNIVERSITY (AMENDMENT AND SPECIAL
PROVISION^ ACT/ 1988

An Act fanner to amend Ihe ^anAhtji Vnwersiiy A d, 1985.


Preamble.— WHEREAS it is expedient further to ,^ e n d
the Gandhiji University Act, 1985, for the purposes hereinafter
ajppearing;
Be it enacted in the Thirty-ninth ’Year of the Republic
(tf India, as. follotws:- : , , ; , , , v , , V , .
1 Short title and commencement.-r- (1) This Act may be
called the Gandhiji University (Amendment and Special Proyi"
sions) Act, 1988.
( 2) Section 9 shall be deemed to have come into for
on the 15th day of October, 1985 and the remaining provisions
shall be deemed to have come into force on the 28th day .of
January, 1988.
2. Amendment of long title.- In the long title to the
Gandhiji University Act, 1985 (12 of 1985) (hereinafter , referred
to as the principal Act), for the expression “ Gandhiji Univer-
sity^\ the expression “Mahatma Gandhi University” shall be
substituted.
3. Amendment of section 1.- In sub-section (1) of section 1
of the principal Act, for the expression “the Gandhiji Univer­
sity Act” the expression “the Mahatma Gandhi University
Act’* shall be substituted.
4- Amendment of section 2 .- In clause (31) of section; 2
of the principal Act, for the expression “ Gandhiji Ubiversity^’
tpie expression “M ahatoa Gandhi University-’: shail be subr
^it^ted. .v ^

5. Ainendmenl of section 3.- fIn sub-section (1) of section


3 of the principal Act, for the words “ by the nartie of the
Gandhiji University” the words “by the name of the. Mahatma
Gandhi University” shall be substituted.
75
6 . Subsfitution of the expression ^''Mahatma Gandhi Univer­
sity’* for the expression “Gatndttiji Unwersity” in A d 12 of 1985.-
Throughout the principal Act, except in the long title, sub­
section (1) of section 1, clause (31) of section 2 and sub-sec"
tion ( 1) of section 3, for the expression '^Gandhiji University^
wherever it occiirSj ttie e^'pressioa '‘Mahatma Gandhi Unwei-
sity^’ shall be substituted.
7; Construcfion of references^ to *‘Gmdhiji University” “Gan-
dhiji University Act-* and “Gandhiji University Fund”:- (1) Ref<-
erences to “Gandhiji University” and “ Gandhiji University
Act” in: any Act or in any rule, notification, proceeding, order,
regulation, bye-law or other instrument made .or issued under
su<;h Act or ,in any rule or order made or continued in force
under the principal Act, shall be construed as references to
"Mahatma Gandhi University” and “Mahatma Gandhi Univer­
sity Act” respectively.
(2) Any reference to “Gandhiji University Fund” in
the’principal Act or in any rule or order made or continued
in jforce under the principal Act, shall be construed as refer­
ence to ''Mahatma Gandhi University Fund'’. '
8 . Legal proceedings- Where immediately before the com­
mencement of this Act any legal proceedings are pending to
which the "Gandhiji University” is a party, the "Mahatma
Gandhi University” shall be deemed to be substituted for the
•"Gandhiji University” in those proceedings.
9. Omission of section 96A - Section 96A of the principal
Act shall be omitted.
10. Repeal and saving:- (1) The Gandhiji University
(Amendment and Special Provisions) Ordinance, 19S8 (5 of
1988); is hereby repealed.
(2) Notwithstanding such.repeal, anything done or any
acition taken under the principal Act as amended by the said
OMiMnce shall be deemed to have been done 6f taken under
the principal Act as amended by this Act.
76
ANlsn^XUBE IV
ACT n PF
THE MAHATMA GANDtfi U!4WE(^SITV (AMEKOM^f^T)
Aer,
An Act further to amer^ the Mahf^rim Vianihi Vnifftrti&y
Ac/, 1985.
PreamU&.'~ WHEREAS it is expedient forther to
$m#nd tlie Mabatma Gawidlij Uniyetsity 'Act, !#$(,. for the
p»rpose& hereinafter appearittgj
BE it enacted in the ThiTty-ninth Year af the l^epublic
of India as folbw s;- ,
1. Short title and commencement.- ( l| This 4®t may be
called the Mahatma Gandhi University (Amendment) Act, 1988.
(2) It shall be deemed to have come into force on th
17th day of February, 1988.
2. Amendment of section 2 .- In section 2 of the Mahatma
Gandhi University Act, 1985 (12 •of 1985) (here in after
referred to as the principal Act), clause 18 shall be omitted.
3. Amendment of section 3 .- In sub-section (1) of section
3 of the principal Act. the words / ‘the Pro-Chancellor'^ shall
be omitted.
4. Amendment of the Beading in Chapterr I I I .v In
Heading under Chapter III of the principal Act, the words
“ HRO-^CHANCELLOR” shall be omitted.
5. Amendment of section 7 In section 7 of the principal
Act, in sub-section (2), the words “at meetings of the Senate,
and"’ shall be omitted*
6. Omission of section 8 .- Section 8 of the principal. Act
shall be omitted.
7* Amendment o f section Q In section 9 of thie principal
Act, after item (iv), the following item shall be / inserted,
nam ely:-
^‘(ivA) the Deans of Faculties;"’
8. Amendment of sedion 1 0 In section 10 of the princi-^
pal Act,-
•77
(a) for sub-section (9), the following sub-sectibn shall
be substituted, namely
“(9) No person shall hold office of the Vice-Chancellor
beyond the age of sixty-five years"";
(b) insub-section (10), after the words “The Vice-
Chancellor shair", the words, figure and brackets "subject to
sub-section (9)” shall be inserted;
. (c) for sub-section ( 11), the following sub^-s^tion
shall be substituted, Mmely:-
**(11) the remuneration payable to, and the other con­
ditions of service of the Vice-GIiancellor shall be such as may
be prescribed by tile Statutes/";
(d) in sub-section (13), the words *Hhe Students"
CpuncU"" shall be omitted;
(e) in sub-section (17), the following words shall be
inserted at the end, namely
“arid that authority may, after considering the action
t€^en by the Vice-Chaneellor is of the view th?it such action
shall not have been taken by him, refer the m atter to the
Chancellor whose decision there on shall be final."";
(f) in sub-section (24), the following words shall be
inserted at the end, namely:-
“and in the event of temporary vacancies occurring in
the offices of the Vice-Chancellor and the Pro^Vice-Chancellor
(31* #hete the Vice-Chancellor and the Pro-Vice-Chancellpr are
temporarily absent, the senior most Professor in the University
ShaU exercise the powers and perform the duties of the Vice-
Chancellor.""
9. Amendment of section 11.- In section 11 of the pdrici|»al
(a) in sub-section ( 1), after the words “a Pro-^Vlce-
Chancellor"", -the words “from among a panel of names
submitted to him by the Vice-Chancellor"", shall be inserted;
(b) for sub-sections <4), (5) and (6), the following sub­
sections shall be substituted, namely;*'
“(4) The appointment of the Pro-Vice-Chancellor shall
be co-terminus with that of the Vice-;Ghancenor.
78
(5) The salary and the other conditions of service of
the Pro-Vice-Chancellor shall be such as may ^)e prescribed
by the Statutes.
(6) Subject to the provisions of this Act and the
Statutes, Ordinances and Regulations the powers and functions
of the Pro-V|ce-Chancellor shall be determined by the Vice--
ChanceUor/^
10. Amendment of section 12.- In section 12 of the prin­
cipal Act, for sub-^section (1), the following sub-section shall
be substituted, namely:-
^*(1) The Syndicate shall appoint a person selected by
the Government from among a panel containing the nameis of
three persons furnished to the Government by a selection
committfee appointed by the Syndicate,' cansistang of three
members headed by the Vice-Chancellor, as the Registrar of
the University for such period and on siich terms as may be
prescribed by the Statutes.*’
11. Amendment of section 13.- In section 13 of the
principal Act, for sub-section (1), the following sub-section
shall be substituted, namely:-
“(1) The Syndicate shall appoint a person selected by
the Government from among a panel containing the names of
three persons furnished to the Government by a selection
committee appointed by the Syndicate, consisting of three
members headed by the Vice-Chancellor, as Controller of Exa­
minations of the University for such period and on such terms
as may be prescribed by the Statutes.^*
12. Amendment of section 14.- In section 14 of the prin*
cipal Act, for sub-section (1), following sub-section shall be
substituted, namely:-
^‘(1) The syndicate shall appoint a person selected'by
the Government from among a panel containing the names of
three persons furnished to the Government by a selection
cotnmittee appointed by the Syndicate, consisting of three
members headed by the Vice-Chancellor, as the Finance Officer
of the University for such period and on such terms as. may
be prescribed by the Statutes.*’
13* Amendment of section 17.- In section 17 of the prin­
cipal Act, under the heading ^‘Ex-officio Members’^ item (2)
shall be omitted.
14. Substitution of new section for section 1 9 For section
19 of the principal Act, the following section shall be substi­
tuted, namely
^'19. Powers and functions of the Senate Save as other­
wise expressly provided in this Act, the Senate shall "have the
following powers, namely
(a) to review, from time to time, the broad policies
and programmes of the University;
(b) to suggest measures for the improvement and
development of the University;
(c) to consider and pass resolution on the annual
report and the annual accounts of the University
and the audit report on such accounts; and
(d) to advise the Chancellor in respect of any m atter
which may be referred to it for advice.”
15. Amendment of sedion 2 0 .-In sub-section (2) section 20,
the proviso shall be omitted.
16. Amendment of section 21.- In section 21 of the principal
Act-
(a) under the heading ‘^Ex-nfficio Members” , for items
(d) and (e) the following items shall be substituted, namely:-
''(d) The Secretary to Government, Finance Department
or an Officer not below the rank of Joint Secretary nominated
by him.
(e) The Director of Collegiate Education.”;
(b) for the items under the heading '‘Other Members” ,
the following items shall be substituted, namely:-
**(a) Two eminent Educationists or Scientists nominated
by the Government.
(b) Three Deans of Faculties nominated by the Chancellor,
by rotation.
(c) Two prineipak of colleges affiliated to tUfe University
nominated by tile Government.
(d) Three teachers of colleges nomini^l^dl by the
Goverifttttent, of whom onfe shall be a member k Scheduled
C^ste or fl'Scheduled Tiribe”.
17. Amendment of section 22.- In section 22 of thie principal
Act^- ■ - > , ,
(a) i in s«b^seetioto.
(i) for the word “election*', this ^ord **iri6ittittslrtiOn*’
shall: be ^ubatitutid; ^
(ii) in the first proviso, foi”’ tTSe 'Wor^is "^^elected** and
‘"electorate’’ ttie words “nomiMted^ and ‘*body'* shall respect­
ively be stfbstitute^i{ ' ' ' ' ^ ^ , ‘¥ . , , ,
(iii) the second proviso shall be omitted;
(iv) in the third )[>roViso ior the words “Provided
also” and for the word “ eiected” the words “provided
further” and the word “nominated"" shall respectively be sub­
stituted;
(b) in sub-section (2), for the opening paragraph the
following shall be substituted, nainely:-
“Notwithstanding anything contained in the first proviso
to sub-section (1), a member of the Syndicate referred to in
item (c) or in item (d) under the heading “Other Members"'
in section 21 shall not cease to be such member merely on the
ground th a t-’".
18. Amendmenl o f section 23.- lii section 23 of the principal
Act,- '
(a) in clause (ii), for the word “ Oi‘dinanc|s"", the words
‘‘Statutes and Ordinances’" ihaH be substituted;
(b) clause (iii) shall be omitted;
’ (bb) in clause (ix), the second proviso shall be omitted;
(c) for clause (xii), the following clause shall be substi­
tuted, namely:-
“xii) t'j institute and award fellowships, scholarships,
studentships, bursaries, medals and prizes and to organise
exhibitions;’";
81
(d) for clause (xxiv), the following clauses shall be
substituted, namely:-
“(xxiv) to deteimine what degrees, diplomas and
other academic distinctions; shall be granted by the University;
(xxv) to cancel oir amend by a majority of the total
membeYs\v\p by a TOajoiity oi not \ess
than two-thirds of the members presentand voting, any
Regulation passed by the Academic Council:
Provided that no Begulation shall be cancelled or
amended by the Syndicate without giving the Academic Council
an opportunity to state its opinion on the proposed cancell­
ation or amendment;
(xxvi) to institute professorships, readerships, lecturer­
ships and such other teaching or research posts as it may deem
necessary-
Provided that no professorship, readership, lecturership
or other teaching or research post shall be instituted by the
Syndicate without the previous approval of the Government
if it involves expenditure in excess of the budgetary provision;
(xxvii) to prescribe with the previous concurrence of
the Government the terms and conditions of service of the
employees of the University;
(xxviii) to regulate, with the previous concurrence
of the Government the em'oluments and prescribe the duties
and conditions of service of teachers and non-teaching staff
of private colleges;
(xxix) to prepare the budget according to the provisions
of the Statutes;
(xxx) to cancel any diegree, diploma, title or any other,
distinction granted to any person, in accordance with the
provisions of the Statutes;
(xxxi) to appoint committees and to delegate to them
such functions as it may deem fit;
(xxxii) to make Statutes regulating the method of election
to the authorities of the University, the procedure of the
meetings of the Senate, th*e Syndicate and other authorities of
as
the University and the quorum of members required for the
transaction of business by the authorities of the University
other than the Senate;
(xxxiii) to recommend to the Government the recognition
of any local area within the University area as a University
centre;
(xxxiv) to co-operate with other Universities and other
authorities in such manner and for such purposes as it may
determine;
(xxxv) 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^’.
19. Amehdifieiit of sedioii 2 4 .-In'sufb-Section (3)' of section
24 of the principal Act,-
(a) item (j) shall be omitted,
(b) in item, (m) for the words “elected by the principals
of professional colleges from among themselves^^ the words
^‘nominated by the Government from the principals of
professional colleges, by rotation according to seniority"’ shall
be substituted;
(c) in item (n), for the words'Vlected by the principals
of first grade colleges, other than colleges of oriental languages,
f r o m among themselves” the words “ nominated by the Govern­
ment from the principals of first grade colleges other than
colleges of oriental languages, by rotation according to seniori­
ty ” shall be substituted;
(d) for item (o), the following item shall be substituted,
namely:—
“(o) two members (other than Deans of Faculties)
nominated by the Government from the principals of junior
colleges, by rotation according to seniority;’" ;
(e) in item (p) for the word ‘'Chancellor” the word
“ Government” shall be substituted;
(i) in item (q) the following item shall be substitute
namely:-
(q) one member each of every subject of study (not
being a Dean of Faculty or head of University Department dr
m
Principal) nominated by the. Government by rotation according
to seniority;
(g) in item (r) for the word ‘‘Chancellor” the word
■'Government” shall be substituted;
(h) in item (t) for the word “ Chancellor” the word
“OoveTnment shaW Silhstilvit'ed.
20. Amendment of section 2&.— In sub-section (3) of section
26 of the principal Act,—
(a) for items (b) and* (c), the following items shall be
substituted, namely:—
“(b) two members firom each Board of Studies nomina­
ted by the Syndicate, who are teachers of the University and
of the colleges or institutions by rotation;
(c) not less than five and not more than ten members
nominated by the Syndicate from among teachers, by rotation;
(d) two members, to be nominated by the Syndicate who
are from outside the Univtersity on the basis of their expert
knowledge/’;
(b) in sub-section (6 ) the words ‘‘or election, as the
case-may be” shall be omit ted.
21. Amendment of section 28.— In section 28 of the
principal Act,—
(a) after sub-section ( 1), the following sub-section shall
be inserted, namely:-
"'(lA) Each Board of Studies shall consist of—
(a) the Head of the Department as its Chairman;
(b) such number of members as may be prescribed by
the Statutes, nominated Iby the Chancellor from among the
teachers of the University and of the Colleges, by rotation;
(c) such number of members as may be prescribed by
the Statutes, nominated by the Chancellor from among persons
who are experts in the field of education.^’;
(b) in sub-section (2 ), the words “constitution and”
shall be omitted.
22. Insertion of new section 28A.- After section 28 of the
p r in c ip a l A.<ct, the following; section shall be inserted, namely:-
84
‘"28A. Dean of students.- (1) There shall be a Dean of
students who shall be nominated by the Chancellor in consulta­
tion with the Vice-Chancellor from among the students.
(2) The Dean of students shall hold office for a period
of two years from the date of nomination and shall be eligible
for renomination.,
(3) The Dean of students shall have such functions as
may be prescribed by the Statutes."’
23. Amendment of section 29.- In sub-section (2) of sec­
tion 29, under the heading ‘'Ex-Officio Members’V
(a) for item (a), the following item shall be substi­
tuted, lianlely:- < - < ^ ^ .
‘'(a) A senior member from among the Faculties
nominated by the Chancellor who shall be the
Chairman of the Council.”;
(b) after item (g), the following item shall be added,
namely
(h) The, Dean of students.”;
24. Amendment of seel ion 3 0 - In section 30 of the prin­
cipal Act, in sub-section (2), for the words ‘‘The Vice-Chan­
cellor shall cause to be laid before the Senate”, the words
‘^'The Chairman of the Students’ Council shall cause to be laid
before the Syndicate” shall be substituted.
25. Amendment of section 31.- In sub-section (2) of section
31 of the principal Act, for item (d), the following item shall
be substituted, namely
‘"(d) three members elected by the members of the
Syndicate from among themselves of whom two shall be Deans
of Faculties” .
26. Amendment of section 35.- In section 35 of the prin­
cipal Act,-
(a) in clause (c), the words "the Syndicate” shall be
omitted;
85
(b) after clause (c), the following clause shall be in­
serted, namely:-
“ (cc) the procedure for selection and method of ap­
pointment, conditions of service, powers and duties of tea­
chers of the University and non-teaching staff.”;
(c) for clause (R). tl\e fQllQwing clauses shall be sub­
stituted, namely:-
“(k) the procedure for disciplinary action against the
employees and the manner of termination of service of such
employees;
/I) the procedure for arbitration in case of dispute
between employees or students of the University;
(m) the procedure for appeal to the Syndicate by any
employee or student against the action of any officer or iauth-
ority of the University;
(n) the constitution of grievance committee for the
employees and students and the terms of references to be
made to it by them;
(o) the principles governing seniority of service o^
employees;
(p). the participation of the students and research
scholars in the affairs of the University;
(q) the establishment and abolition of Faculties,
Department, hostel etc;.
(r) the delegation of powers vested in the various
authorities and officers of the University;
(s) the creation, composition and functions of any
other body which is considered necessary for improving the
academic life of the University;
(t) all other matters which by this Act are to be
or may be, prescribed by Statutes.” .
27. Amendment of section 36.- In section 36 of the prin­
cipal Act,-
(a) in sub-section ( 1),-
(i) for the word "Senate” the word "'Syndicate” shall
be substituted;
86
(ii) for the proviso, the following proviso shall be
substituted, namely:-
^‘Provided that, in any such case, before a Statute is
passed, the Syndicate shall obtain and consider the opinion of
the Academic Council, where necessary on academic matters” .
(d) in sub-sections (2) to (8 ), for the words “ Sena
and "‘Syndicate” wherever they occur, the words ‘‘Syndicate’’
and “ Academic Council” shall respectively be substituted.
28. Amendment of section 38.- In section 38 of the prin­
cipal Act,-
(a) in sub-section (1), the words “ but every Ordinance
so made and the repeal of any Ordinance shall be
laid before, the .Senate during the, n,ext ^ucceed-
" ing meeting” shall be omitted;
(b) sub-section (2 X shall be omitted;
(c) for sub-section (3), the following sub-section shall
be substituted, namely:-
(3) “The procedure to be followed in making, amend
or repealing Ordinances shall be prescribed by the Statutes.’"
(d) in sub-section (4), for the words “submitted to
the Government who shall forward the same to the Chancellor
with their views”, the words “made only with the prior
approval of the Government” shall be substituted.
29. Subslilution of new section for section 40.- For section
40 of the principal Act, the following section shall be substituted>
namely:-
“40. Procedure for making Regulations.- (1) All Regulat­
ions under this Act, shall have effect from such date as the
Academic Council may direct but every Regulation so made
shall be laid before the Syndicate during its next succeeding
meeting:
Provided that no such Regulation or repeal of a Regu­
lation which involves expenditure shall be made by the
Academic Council without the prior approval of the Government.
(2) If any Regulation or repeal of a Regulation is
laid before the Syndicate as required by sub-section ( 1) the
87
Regulation shall lapse or, as the case may be, the Regulation
repealed shall revive after the next succeeding meeting of the
Syndicate” .
30. Amendment of seclio>n 4J - I n section 41 of the principal
A ct,-
(a) to sub-section ( 1), the following proviso shall be
added, namely
'^Provided that such rules, bye-laws or orders, which
involve expenditure, shall h^e made only with the prior approval
of the Government”;
(b) in sub-section (2), the words / ‘but every such rule,
bye-law or order shall be submitted to the Senate during its
next succeeding meeting” shall be omitted;
(c) sub-section (S) shall be omitted.
31: Amendment of Ihe Heading in chapter V I.- In the Heading
under Chapter VI of the principal Act, the words “THE
SYNDICATE” shall be omitted.
32. Amendment of sedion 43,- In section 43 of the principaj
Act, the word “Syndicate” and the words “the Syndicate” shall
be omitted.
33. Amendment of section 45.- In section 45 of the principal
Act,- -V
(a) in sub-section (2 )-
(i) for the word “ Senate”, the word “Vice-Chancellor”
shall be substituted;-
(ii) the words “and for the same reason may withdraw
any degree or diploma conferred on or granted by
the University” shall be omitted;
(b) in sub-section (3), for the words “The Senate, may”
the words ”The Vice-Chan'cellor may, on the recommendations
of the Svndicate” shall be substituted.
34. Amendment of section 48.- In section 48 of the
principal Act,-
(a) in sub-section (l), for the word "Senate” , the word
“Chancellor” shall be substituted;
(b) for sub-section (2), the following sub-section shall
be substituted namely:-
88
^'(2) The Chancellor shall consider the.financial estimates
and shall approve it either without alterations or with such
alterations as he may deem fit”,
35. Awendmeni of section 50.- In sub-section (2) of section
50 of the principal Act, the words ‘'and the Chancellor” shall
be added a t the end.
36. Amendment of section 51.- In sub-section (3) of section
51 of the principal Act, the words “ and the Chancellor'* shall
be added at the end.
37. Amendment of section 54.- In section 54 of the principal
A ct,-(a) in sub-section (I),-
(i) after item (d), the following item shall be inserted,
namely,:-
''(dd) two persons nominated from permanent teachers
by the University by rotation, of whom, one shall be from
those having ten years of service or more and the other shall
be from those having less than ten years of service;” ;
(ii) items (c), (f) and (g) shall be omitted;
(b) in sub-section (2), after the word ^'Chairman,” the
words “and the Principal shall be the Secretary” shall be
inserted.
38. Amendmei)i of section 55.- In section 55 of the principal
Act in sub-section (1 \—
(a) after item (d), the following item shall be inserted,
namely:-
''(dd) two persons nominated from permanent teachers
by the University, by rotation, of whom one shall be from
those having ten years of service or more and the other shall
be from those having less than ten years of service;” ;
(b) items (e), (f) and (g) shall be omitted.
39. Insertion of section 59.- In the principal Act, after
section 58, the following section shall be inserted, namely:-
"59. Appointment of teachers in private Colleges.- (1)
Appointments to the lowest grade of teacher in each depart­
ment of a private college shall be made by the educational
agency by direct recruitment on the basis of merit.
89
(2) Appointments of principals shall be made by the
educational agency by promotion from among the teachers of
the college or of all the colleges, as the case may be, or by
direct recruitment.
(3) Where the appointment of principal is made by
promotion, the educational agency shall make the appointment
on the basis of seniority-cum-fitness.
(4) Appointments to the posts,, other than those referred
to in sub-sections (1) and (2), shall be made by the educational
agency by promotion from among the teachers of the college
or of all the colleges, as the case may be, on the basis of
seniority-cum-fitness, or, if none among them is fit for pro­
motion, by direct recruitment.
(5) For making appointment under this section by direct
recruitment, the post shall be advertised in such manner as
may be prescribed by the Statutes.
(6) The educational agency shall not abolish a course of
study in a private college without the prior approval of the
University.
(7) Every appointment under this section shall be made
by a written order of the Manager in such form as may be
prescribed by Statutes, communicated to the person to be
appointed, with copy to the University.
(8) Every appointment under this section shall be repor­
ted to the University for approval.
(9) Any person aggrieved by any appointment under
this section may appeal to the Appellate Tribunal.”
40. Amendment of sealion &2- Section 62 of the principal
Act shall be renumbered as sub-section (1) of that section and
after sub-section (1) as Sio renumbered, the following sub­
section shall be inserted, niamely:-
‘^(2) Notwithstanding anything contained in this Act,
the Statutes, Ordinances and Regulations made thereunder,-
(a) a person appointed as teacher in a private college
in a temporary vacancy and continuing as such shall be
appointed as teacher in an^^ permanent vacancy that may arise»
90
after such appointment in the temporary vacancyi in the
private college or, as the case may be, any of the private
colleges under the management of the educational agency within
the University area;
(b) a teacher relieved from a private college on o
after the 14th day of March, 1974 due t6 the abolition of a
course of study in that private college or the cessation of the
period for which he was appointed or for any other reason
except disciplinary action against him shall be given preference
in the m atter of future appointments in the private college or,
as the case may be, any of the private colleges under the
management of the educational agency within the University
area.”
40A. Amendment o f se c tio n ^ ,- Ifa the pHnbipTarAc't, In
section 63, after clause (c) of sub-section (6), the following
clauses shall be inserted, namely;-
**(cc) removal from service;
(ccc) compulsory retirem ent from service.”
41. Substitution of new section for section 74.- For section
74 of the principal Act, the following section shall be
substituted, namely.-
"74 Inspection- (l) The University may, at regular
intervals as it deems necessary, and shall once in every five
years, cause an inspection to be made by such person of
machinery, as may be prescribed by the Statutes, of the Uni­
versity, its buildings, laboratories, libraries, museums, workshops
and equipments and of other institutions maintained, recognised
or approved by, or affiliated to, the University, and also of
the work conducted by the ‘University and also cause an
enquiry to be made in respect of any m atter connected with
the University.
(2) A report of the inspection made under sub-section
(1) shall be placed before the Syndicate for such action as may
be necessary.
(3) The Syndicate shall report to the Government and
the Chancellor the action, if any, which is proposed to be
taken or has been taken upon the result of any inspection or
enquiry_under sub-section (1).” .
91
42. Amendment of section 75.- In section 75 of the Prin­
cipal Act, for the word “Senate”, wherever it occurs, the
word “Syndicate” shall be substituted.
43. Omission of section 76.- Section 76 of the principal
Act shall be omitted.
44. Omission of section 79.- Section 79 of the principal
Act shall be omitted.
45. Amendment of section 100.- In section 100 of the
principal Act, for sub-section (1), the following sub-section
shall be substituted, namely:-
/ ‘(l) Notwithstanding anything contained in this Act, the
first statutes and the first Ordinances of the University shall
be made by Government in consultation with the University
Grants Commission, within a period of one year from the
date of commencement of the Mahatma Gandhi University
(Amendment) Act, 1988.”
46. Repeat and saving.- (1) The Mahatma Gandhi University
(Amendment) Ordinance, 1988 (9 of 1988) and the Mahatma
Gandhi University (Second Amendment) Ordinance, 1988(11 of
1988), are hereby repealed.
(2) Notwithstanding such repeal, anything done or any,
action taken under the principal Act as amended by the said
Ordinances shall be deemed to have been done or taken under
the principal Act as amended by this Act,
92
ANNEXURE V

1988.oai 13-00 (o®<a>°oo°


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ruoaj)o (aj<a»on>o or>loQJOiflsrBOcSaonB:--
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(BT^<a>‘'oo" OfvjA ojoqqjoo.
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“ cnooruolsl cro^Aejooooej” rt^cm(0>1n0“ 1985—6>ej
cnocruDlsI (T\j^<d>ejoaooej (BT^(e»‘'oa“ (1985-s>ej 12) ((ij«6i>oa)o (@xjTa>
(Dl<e®6>«y§ coocrtulsl mj^<ft.ejoc«>oej ft0(m(5iba5Oc9>cn!);
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cnocruolel oroAty<a>aiot/6oejC(y5>= ocrucnoo" ag)onoo mjloftaDloaoDo'’
(tl^'two oroouDajoAcrw;
93
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3. 6)crucT)OQo cnj1o®ruu1<s«0«)aQo ajn fo l^ o jlsrai.— 1985—6>ej
cnocruj1«1 (Tv^<d.aio(/aoej (an^a.“oo loi (19d5-j>ej 12), ot(j)^fin6>cTn
(gTDSeOBlOtDlfJBCmoeja, (3T^<<0 >“OO“ CaOg8 CUOCS2)1 , gD<3 (Bl^«0 >*'OOl6)abO
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S)£j (1985-s)ej 12), l9-o» l(oa oj^ainruci
ftoJOCPlSQa (Qj<fl>0(7>o cro1c^cu3Tc<0«)oal6)a&o cnsajsT ojcnrrufoloc/aoa)!
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<BTg><0»“oo‘' ^ o 6njejj^«jT0)l(oi aj OBorD anTocyaj) ! CQ;0)(ab oob OLK^naiamnloDgglKA
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aj^ajcniQ«a>oo<eaaDnyfm®ocQ)T eDcrocnoqo oru1oS(\ju1o«aooQo njcnrcruttoejsl
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oruD«a>oo cn&iy Jejwdsam 5>1(o5 f»^'( to®, ejo ©fflcurtMD^eoBOo gsrsDooJorai,
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