THE UNIVERSITY LAWS (THIRD AMENDMENT) BILL, 2014 · THE UNIVERSITY LAWS (THIRD AMENDMENT) BILL, ......

Thirteenth Kerala Legislative Assembly

Bill No. 292

©Kerala Legislature Secretariat

2014

KERALA NIYAMASABHA PRINTING PRESS.

THE UNIVERSITY LAWS (THIRD AMENDMENT)BILL, 2014


Bill No. 292

650/2014.



Bill No. 292


ABILL

further to amend the Kerala University Act, 1974, the Calicut University Act, 1975,the Mahatma Gandhi University Act, 1985 and the Kannur UniversityAct, 1996.

Preamble.—WHEREAS, it is expedient further to amend the Kerala UniversityAct, 1974, the Calicut University Act, 1975, the Mahatma Gandhi UniversityAct, 1985 and the Kannur University Act, 1996 for the purposes hereinafterappearing ;

BE it enacted in the Sixty-fifth Year of the Republic of India as follows:—

1. Short title and commencement.—(1) This Act may be called theUniversity Laws (Third Amendment) Act, 2014.

(2) It shall be deemed to have come into force on the 30th day ofNovember, 2013.

2. Amendment of Act 17 of 1974.—In the Kerala University Act, 1974(17 of 1974),—

(a) in section 2,—

(i) clause (1) shall be renumbered as clause (lA) of that section andbefore clause (lA) as so renumbered, the following clause shall be inserted,namely:—

“(1) “academic autonomy” means a privilege of a college orUniversity to conduct academic programmes, develop syllabus for the respectivesubjects, devise teaching, learning and evaluation methods, conduct examinationsleading to the award of a degree, diploma, certificate and such other titles anddistinctions by the University and publication of results in accordance with theprovisions of this Act and the Statutes, Ordinances, Regulations, bye-laws and therules made thereunder;”;

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(ii) after clause (1A) as so renumbered, the following clause shall beinserted, namely:—

“(1B) “Academic Council of an Autonomous College” means theAcademic Council of an Autonomous College consisting of the members asprovided under section 69E;”;

(iii) after clause (4), the following clauses shall be inserted, namely:—

“(4A) “Autonomy Approval Committee” means the AutonomyApproval Committee constituted under section 69A ;

(4B) “Autonomous College” means a college to which the status ofautonomy is granted by the University Grants Commission with the concurrence ofthe State Government, in accordance with the provisions of Chapter VIIIB of thisAct and the Statutes, Ordinances, Regulations, bye-laws and rules madethereunder;”;

(iv) after clause (5), the following clause shall be inserted, namely:—

“(5A) “Board of Studies of an Autonomous College” means theBoard of Studies of an Autonomous College constituted under section 69G;”;

(v) after clause (10), the following clause shall be inserted, namely:—

“(l0A) “Governing Council” means the Governing Council of anAutonomous College;”;

(vi) in clause (23), the words “and includes the Regulations of anAutonomous College and the rules made by the Government” shall be added at theend;

(vii) after clause (31), the following clause shall be inserted, namely:—

“(31A) “University Grants Commission” means the UniversityGrants Commission established under section 4 of the University GrantsCommission Act, 1956 (Central Act 3 of 1956);”;

(b) in section 5,—

(i) for clause (ia), the following clauses shall be substituted, namely:—

“(ia) to confer academic autonomy to a University department;

(ib) to confer academic autonomy to an affiliated college ordepartment of an affiliated college as provided for under Chapter VIIIB of thisAct;”

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(c) after Chapter VIII A, the following Chapter shall be inserted,namely:—

“CHAPTER VIII B

AUTONOMOUS COLLEGES

69A. Autonomy Approval Committee.—(1) There shall be an AutonomyApproval Committee in Government consisting of the following members,namely:—

(a) the Minister-in-charge of the Higher Education Department, whoshall be the Chairman;

(b) the Vice-Chairman of the Kerala State Higher Education Council;

(c) the Secretary to Government, Finance Department;

(d) the Vice-Chancellors of the University of Kerala, the Universityof Calicut, the Mahatma Gandhi University and the Kannur University;

(e) one representative of the Kerala State Higher Education Councilnominated by the Government;

(f) the Law Secretary, Government of Kerala; and

(g) the Secretary to Government, Higher Education Department.

(2) The Vice-Chairman of the Kerala State Higher Education Councilshall be the Vice-Chairman of the Autonomy Approval Committee and shall chairthe meeting of the Committee in the absence of the Chairman.

(3) The Secretary to Government, Higher Education Department shall bethe Member Secretary of the Autonomy Approval Committee.

(4) Notwithstanding anything contained in this Act, the University shallcomply with the directions issued by the Autonomy Approval Committee in so faras it relate to the grant of academic autonomy.

(5) All directions of the Autonomy Approval Committee shall be issuedin the form of Orders, Circulars or Letters of the Committee.

(6) The Government may, by notification in the Gazette, delegate any orall of the powers and functions of the Autonomy Approval Committee to theUniversity to be exercised by the Senate, Syndicate or Academic Council, as thecase may be, or to the Kerala State Higher Education Council:

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Provided that the Government may, at any time, by notification in theGazette, withdraw such delegation granted.

69B. Powers and functions of the Autonomy Approval Committee.—TheAutonomy Approval Committee shall have the following powers and functions,namely:—

(i) to invite applications from the eligible colleges categorised as suchunder section 69M to apply for academic autonomy;

(ii) to prescribe criteria and conditions for admission of students andmatters connected therewith, in conformity with and in addition to the criteria forautonomous colleges prescribed by the University Grants Commission, forpreserving high standards of quality of higher education;

(iii) to direct the University to forward the application of a collegerecommended by the Autonomy Approval Committee to the University GrantsCommission for approval;

(iv) to enquire into any complaint or petition regarding the violation ofthe terms and conditions under which autonomy has been granted to a college;

(v) to consider the report of the Syndicate or the Academic Council onany matter pertaining to the breach or misuse of the standards set for autonomy bya college ;

(vi) to rescind or alter the terms and conditions of academic autonomygranted to any college and to report the same to the University GrantsCommission:

Provided that no such decision shall be taken without giving the Principal, inthe case of a Government College for which autonomy has been granted and to therepresentative of the Manager of the College, in the case of Autonomous Collegesthat is not a Government College, an opportunity of being heard;

(vii) to direct the University to implement the order rescinding or alteringthe terms and conditions of academic autonomy granted to an AutonomousCollege;

(viii) to hear appeals of the Autonomous Colleges;

(ix) to inspect or cause to inspect the records and the premises of anyAutonomous College or any college that has applied for grant of academicautonomy for ascertaining any fact, or for any other purpose, relevant under thisChapter.

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69C. Date of effect of grant of academic autonomy.—An affiliated collegeauthorised under this Chapter to apply for academic autonomy to the UniversityGrants Commission shall be deemed to be an Autonomous College of theUniversity from the date on which it is granted autonomy by the UniversityGrants Commission.

69D. Authorities of an Autonomous College.—(1) The following shall be theauthorities of an Autonomous College, namely:—

(i) The Academic Council of an Autonomous College;

(ii) The Board of Studies of an Autonomous College;

(iii) The Governing Council.

(2) Notwithstanding anything contained in this Act or the Statutes,Ordinances or Regulations made under this Act, all matters including theinvitations, processing and approval of application for grant of autonomy theconstitution of the authorities in an Autonomous College and their powers and thepowers of the University over an Autonomous College shall be dealt with inaccordance with the provisions of this Chapter.

(3) If there is any dispute whether any provision in any existing Statute,Regulation and Ordinances of the University is inconsistent with or has the effectof overriding or contradicting any provision in this Chapter, the decision ofGovernment shall be final.

69E. Academic Council of an Autonomous College.—(1) There shall be anAcademic Council for every Autonomous College.

(2) The Academic Council of an Autonomous College shall consist of thefollowing members, namely:—

(a) The Principal, who shall be the Chairman of the Academic Councilof the Autonomous College;

(b) All Heads of Departments in the college;

(c) Four teachers of the college representing different departments, notbelow the rank of an Associate Professor, to be nominated by the Director ofCollegiate Education in the case of Government Colleges and the Manager in thecase of a college other than a Government College;

(d) Not less than four experts from outside the college representing theareas such as Industry, Commerce, Law, Education, Medicine, Engineering,Administration, Finance etc., to be nominated by the Governing Council of theAutonomous College;

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(e) Three nominees of the University who are academic experts notbelow the rank of an Associate Professor;

(f) One member from among the teachers of the college, nominated bythe Principal, who shall be the Member Secretary of the Academic Council of theAutonomous College.

(3) A member of the Academic Council of an Autonomous College shallhold office for a period of two years or when he is, at the time of nomination, ateacher of the college, till his date of retirement, whichever is later, and shall beeligible for renomination.

(4) The Principal of the Autonomous College shall convene a meeting ofthe Academic Council of the Autonomous College at least once in a year.

69F. Powers and functions of the Academic Council of an AutonomousCollege.—Notwithstanding anything contained in this Act, the Academic Councilof an Autonomous College shall have the following powers and functions,namely:—

(i) to scrutinize the proposals of Boards of Studies of an AutonomousCollege, with regard to the courses of study, academic regulations, curricula,syllabi and modifications thereof, instructional and evaluation arrangements,methods, procedures relevant thereto and to approve the same with or withoutmodifications:

Provided that if the Academic Council of an Autonomous College differs onany proposal submitted by any Board of Studies of the Autonomous College, itmay either reject the proposal giving reasons for the same or return the same tothe Board of Studies of the Autonomous College with its remarks, forreconsideration:

Provided further that if the proposal is returned and the Board of studiesre-submits the proposal to the Academic Council of the college with or withoutthe proposed modifications, the Academic Council shall approve the proposal;

(ii) to make academic regulations regarding the admission of studentsto different programmes of study in the college subject to the criteria andconditions prescribed by the Autonomy Approval Committee;

(iii) to make regulations for the conduct of examinations and initiatemeasures for improving quality of teaching, student evaluation and studentadvisory programmes in the college;

(iv) to make and approve proposals for research and advancement anddissemination of knowledge;

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(v) to recommend to the Governing Council, any proposal forinstitution of new programmes of study;

(vi) to recommend to the Governing Council, regarding the institutionof scholarships, studentships, fellowships, prizes and medals and to makeregulations for the award of the same;

(vii) to advise the Governing Council on the suggestions made by itwith respect to academic affairs; and

(viii) to perform such other academic functions as may be assignedto it by the Governing Council.

69G. Board of Studies of an Autonomous College.—(1) Every AutonomousCollege shall constitute a Board of Studies of its own for each subject of study orgroup of subjects in which the college conduct courses or intends to conductcourses:

Provided that the Governing Council of the Autonomous College shall, forthis purpose, decide the subjects to be brought under a Board of Studies of theAutonomous College and the number of such Boards of Studies to be constituted.

(2) The Board of Studies of an Autonomous College shall consist of thefollowing members, namely:—

(a) Head of the Department not below the rank of an AssociateProfessor, if he has a Ph.D., on the basis of seniority from among the Heads ofDepartments whose subjects are covered by that Board of Studies, who shall be theChairman of the Board:

Provided that in the absence of such a Head of Department, a teacher notbelow the rank of an Associate Professor with Ph.D. in a subject covered by thatBoard of Studies, nominated by the Government in the case of GovernmentColleges and the Principal in the case of other colleges, shall be the Chairman ofthe Board:

Provided further that the Government or the Principal, as the case may be,shall, while nominating teachers, give prime consideration to the quality ofacademic work including research and publications of such teachers.

(b) not more than six teachers with Ph.D., nominated by the Principalin consultation with the Head of the Departments offering subjects covered by thatBoard of Studies, from different areas of specialisation, as identified by thePrincipal, in subjects covered by that Board of Studies:

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Provided that the Principal shall, while nominating teachers, give primeconsideration to the quality of academic work including research and publicationsof such teachers;

(c) two experts in the subject from outside the college to be nominatedby the Academic Council of the Autonomous College;

(d) one expert to be nominated by the Vice-Chancellor from a panel ofsix experts recommended by the Principal;

(e) one representative each from industry, corporate sector or alliedarea relating to placement;

(f) one meritorious alumnus who has completed a Post GraduateProgramme of the University, to be nominated by the Principal;

(g) the Chairman of the Board of Studies of the Autonomous Collegemay, with the approval of the Principal of the college, co-opt, from time to time,as special invites to the meetings of the Board of Studies of the AutonomousCollege, for the purpose of academic consultation, from the following categories,namely:—

(i) experts from outside the college whenever special courses ofstudies are to be designed;

(ii) other teachers of the college.

(3) The term of the members nominated to the Board of Studies of anAutonomous College shall be two years.

(4) The Principal of the college shall draw up the schedule for meetingof the Board of Studies of the Autonomous College for different departments.

(5) The meeting may be held as and when necessary, but at least onesuch meeting shall be held in a year.

(6) One-third of the members of the Board of Studies of anAutonomous College shall constitute the quorum.

(7) In the temporary absence of the Chairman, the teacher next inseniority shall act as the Chairman and convene the meeting on the request of thePrincipal.

(8) Where it is necessary to deal with any academic matter that affectsmore than one Boards, the Principal may convene a joint meeting of two or moreBoard of Studies of the Autonomous College, as he deems necessary, and suchmeeting shall be presided over by a Chairman elected in such joint meeting.

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69H. Powers and functions of Board of Studies of an AutonomousCollege.—Notwithstanding anything contained in this Act, a Board of Studies ofan Autonomous College shall have the following powers and functions, namely:—

(i) to prepare curriculum for various academic programmes keeping inview the objectives of the college, interest of the stake holders and nationalrequirement, with the approval of the Academic Council of the AutonomousCollege:

Provided that the Board of Studies of the Autonomous College shall ensurethat the proposal for the academic programme conforms substantially to theduration, number of credits, evaluation and grading system prescribed, if any, bythe University for that academic programme:

Provided further that the Board of Studies of the Autonomous College shallensure that the proposal will not have the effect of lowering the academicstandards prescribed by the University;

(ii) to recommend books wherein the prescribed subjects are suitablydealt with, for the reference of teachers and students and also to recommend textbooks as and when required;

(iii) to suggest methodologies for innovative teaching and evaluationtechniques;

(iv) to suggest panel of names to the Academic Council of theAutonomous College for appointment of examiners; and

(v) to co-ordinate research, teaching, extension and other academicactivities in the department or college.

691. Constitution of the Governing Council.—(1) The Government shallconstitute a Governing Council for each Government Autonomous College for thepurposes of this Act, to function as the executive body of the college.

(2) The Governing Council of a Government Autonomous College shallconsist of the following members, namely:—

(a) an eminent person of repute having significant experience inacademic related matters, who shall be the Chairman:

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Provided that in the absence of the Chairman in any meeting, theGovernment may nominate an officer mentioned in item (b) to be the Chairmanof the Governing Council in that meeting ;

(b) an officer not below the rank of a Deputy Director of CollegiateEducation or a Joint Secretary to Government in the Higher EducationDepartment ;

(c) three teachers with Ph.D. from different departments of the college,to be nominated by the Director of Collegiate Education, on rotation, for a periodof two years on the basis of their seniority ; .

(d) one nominee of the University, not below the rank of a Professor,to be nominated by the Vice-Chancellor ;

(e) one nominee of the University Grants Commission;

(f) Principal of the college, who shall be the ex-officio Secretary to theGoverning Council .

(3) The Managing Council of an Autonomous College other than aGovernment College shall constitute a Governing Council for each AutonomousCollege under its management, for the purposes of this Act, to function as theexecutive body of the college.

(4) The Governing Council of an Autonomous College that is not aGovernment college shall consist of the following members, namely:—

(a) one nominee of the Manager, who shall be a senior and eminentperson of repute having sufficient experience in academic related matters, whoshall be the Chairman of the Governing Council ;

(b) three senior teachers of that college from different departments notbelow the rank of an Associate Professor, to be nominated on rotation, by theManager ;

(c) one nominee of the University not below the rank of a Professor,to be nominated by the Vice-Chancellor ;

(d) one nominee of the University Grants Commission ;

(e) one nominee of the Kerala State Higher Education Council, to benominated by the Government ;

(f) Principal of the college, who shall be the ex-officio Secretary to theGoverning Council.

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69J. Tenure of office of the Governing Council.—The term of office of thenominated members of the Governing Council shall be for a period of two yearsand shall be eligible for re-nomination for another term of two years:

Provided that the same person shall not be eligible for nomination beyond aperiod of four years.

69K. Meetings of the Governing Council.—(1) The Governing Councilshall meet at least three times a year.

(2) The interval between successive meetings shall in no case exceedfour months.

(3) Emergency meetings of the Governing Council can be convened witha notice of at least seven days, either on a written request of one-third of themembers or on a direction from the Autonomy Approval Committee.

(4) One-third of the members who have been nominated at any point oftime shall constitute the quorum for the meeting.

69 L. Powers and functions of the Governing Council.—Subject to theprovisions laid down by the by-laws, if any, of the respective AutonomousCollege and the rules laid down by the State Government and the University, theGoveming Council shall have the following powers, namely:—

(i) to approve and submit to the University, the institution of newprogrammes of study leading to the award of degrees and diplomas ;

(ii) to conduct examinations for each course and publish the results ;

(iii) to recommend and forward the results of examinations to theUniversity for the award of degree or diploma, as the case may be ;

(iv) to approve the issue of marklists to the students ;

(v) to fix the fees and other charges payable by the students of theAutonomous College with the concurrence of Government :

Provided that in the case of aided courses or courses restructured from theaided courses, the fees shall be as determined by the Government ;

(vi) to institute scholarships, fellowships, studentships, medals andcertificates on the recommendations of the Academic Council of the AutonomousCollege ;

(vii) to make regulations for sports, extra-curricular activities, propermaintenance and functioning of the playgrounds and hostels ;

(viii) to exercise such other powers and perform such other functionsand to constitute such Committees as it may deem necessary for the properdevelopment of the Autonomous College and to fulfil the objectives of autonomy.

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69M. Procedure for granting autonomy.—(1) The Autonomy ApprovalCommittee shall, every year, invite applications from the eligible collegescategorised as such under sub-section (2) for recommending the granting ofautonomy.

(2) The Autonomy Approval Committee shall specify the categories ofcolleges as eligible colleges for recommending for the granting of autonomy,which may be Govemment College, Unaided College and Private College otherthan Unaided College and such categories from which applications are invited, thecriteria for eligibility for granting autonomy, the foms in which the applicationhas to be submitted. The documents necessary with the application and otherinformation as are deemed necessary by the Autonomy Approval Committee shallalso be specified :

Provided that no such criterion shall have the effect of lowering thestandards prescribed by the University Grants Commission for the grant of thestatus of autonomy. .

(3) The Autonomy Approval Committee shall scrutinise the applicationsreceived from the eligible colleges and accept those from the colleges satisfyingthe criteria prescribed by the Autonomy Approval Committee.

(4) The Autonomy Approval Committee may constitute a committee eitherfrom among itself with experts in the field of higher education or a committee ofexperts as it deems fit, to in spect the facilities in the college and verify recordsof the college relevant to the grant of autonomy.

(5) The Committee constituted under sub-section (4) shall have the powerto enter into the college premises and its building and the college shall be boundto facilitate such inspection and furnish all information and records pertinent tothe enquiry, to the Committee.

(6) The Committee constituted by the Autonomy Approval Committeeunder this section may give instructions to the Principal of the college to rectifythe defects in meeting the criteria of eligibility prescribed by the AutonomyApproval Committee.

(7) Where the Autonomy Approval Committee is satisfied itself that acollege that has submitted application meets the criteria prescribed for grant ofautonomy, it shall forward its recommendation for the grant of autonomy to thecollege, to the Vice-Chancellor.

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(8) On receipt of a recommendation under sub-section (7), theVice-Chancellor shall cause the application for grant of autonomy to be forwardedto the University Grants Commission, with the seal of the officer of theUniversity, as prescribed by the Commission, within fifteen working days from thedate of receipt of the intimation by the Vice-Chancellor.

69N. Conduct of examinations.—(1) The Government, in the case ofGovernment Autonomous College and the Manager in the case of AutonomousColleges which are not Government Colleges, shall appoint a person not below therank of an Associate Professor, with experience of not less than two years as theHead of a Department offering Post Graduate Course of study in a GovernmentCollege or a college other than an Unaided College, as the Controller ofExaminations for the Autonomous College:

Provided that such a person shall not have been disqualified or punished forany breach of conduct or failure to perform any duty assigned in connection withthe conduct of examinations by the University or any other Universities in theState.

(2) All examinations leading to the award of degree or diploma issued bythe University shall be conducted under the supervision of the Controller ofExaminations.

(3) The Academic Council of an Autonomous College shall frame aManual of Examinations for the conduct of examinations in the AutonomousCollege within three months from the grant of autonomy or six months before theconduct of the first set of examinations, whichever is earlier ;

(4) The Manual of Examinations shall be based on the following matters,namely:—

(a) the functions of conducting examinations and its supervision,evaluation of examinations and publication of results, shall be specifically assignedto persons designated for the purpose and their roles shall also be specified ;

(b) the independence of framing of questions, valuation and monitoringprocesses shall be maintained;

(c) there shall be adequate safeguards to ensure the integrity of theexamination processes; and

(d) there shall be adequate penalties of such nature and subject to suchmaximum penalty as may be prescribed by the Government, that may be providedfor any individual responsible for the conduct of examinations in case of anybreach of the provisions of the Manual of Examinations :

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Provided that in framing the Manual of Examinations, an AutonomousCollege shall ensure that the safeguards in the Examination Manual of theUniversity itself are, to the extent possible, incorporated in the Manual ofExaminations for the conduct of examinations of the Autonomous College :

Provided further that the Manual of Examinations shall be submitted by anAutonomous College to the University for its remarks and modifications forimproving the quality of the process of examinations and upon receiving suchremarks, lncorporate them in the Manual of Examinations to the extent possibleand inform the University of the reasons for not being able to comply with any ofthe suggestions.

(5) On approval of the issue of the marklists by the Governing Council,the mark list shall be issued under the names and seal of the Principal of theAutonomous College and the Controller of Examinations of the AutonomousCollege, in a format consistent with that prescribed by the University.

690. Award of Degrees.—(1) The University shall award degrees, diplomas,titles, certificates and other academic distinctions to the students evaluated andrecommended by an Autonomous College after levying a reasonable fee as may beprescribed by the University for the same:

Provided that such degree, diploma, title or certificates shall be in a commonformat prescribed by the University :

Provided further that the name of an Autonomous College shall bementioned in the certificate conferring the degree, diploma, title, certificate andother academic distinctions, if such college requests for the same.

(2) The University shall issue the degree, diploma, title or certificateswithin fourty five working days of the receipt of recommendations from anAutonomous College.

69P. Powers of University over:—Autonomous Colleges.—(l) Subject to theprovisions of this Chapter and the provisions of the Statutes, Ordinances,Regulations, bye-laws and rules made thereunder, the University shall have allother powers over the Autonomous Colleges as are applicable to any affiliatedcollege of the University under this Act and the Statutes, Ordinances and theRegulations made thereunder.

(2) Where the Governing Council of an Autonomous College has approvedand recommended any academic programme to the University, the Vice-Chancellorshall cause the proposal to be placed before the relevant Board of Studies of theUniversity:

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Provided that where there is no Board of Studies with respect to theacademic programme proposed, the University shall constitute a Board of Studiesor an Expert Committee for the purpose :

Provided further that the Expert Committee so appointed shall have adequatenumber of members to facilitate a fair and objective assessment of the AcademicProgramme submitted to the University.

(3) The Board of Studies or the Expert Committee, as the case may be,shall, within thirty working days from the date of receipt of the proposal, considerit for the Academic Programme referred to in sub-section (2) and approve, rejector return the same, with remarks, to the Vice-Chancellor:

Provided that such rejection shall be on the ground that the proposal receivedfrom the Governing Council of an Autonomous College does not conform to theduration, number of credits, evaluation and grading system for that AcademicProgramme already prescribed by the University or where the Board of Studies orExpert Committee feels, for reasons to be recorded in writing, that the proposal ofthe Governing Council of an Autonomous College will have the effect of loweringacademic standards :

Provided further that where the Autonomous College which submitted theproposal has not been informed of the decision within thirty working days fromthe date of submission of the proposal to the University, the proposal shall bedeemed to have been approved by the University.

(4) Where the Board of Studies or Expert Committee returns the proposalto the Vice-Chancellor with remarks pointing out the defects for transmitting thesame to the Governing Council of an Autonomous College, the Governing Councilmay re-submit the proposal to the University with its remarks within thirtyworking days of receipt of such remarks.

(5) The Board of Studies shall, thereafter, within a period of thirtyworking days, either approve or reject the proposal and the Vice-Chancellor shallintimate the same to the Governing Council of the College :

Provided that wbere the Autonomous College re-submitting the proposal hasnot been informed of the decision within thirty working days from the date ofre-submission of the proposal to the University, the proposal shall be deemed tohave been approved by the University.

(6) A copy of all such approvals or rejections shall be sent to theAutonomy Approval Committee.

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(7) All such decisions to approve or reject the proposal shall be reported tothe Academic Council of the Autonomous College :

Provided that the Academic Council of the Autonomous College may, if itdiffers with the decision, address the Chancellor for a review of the same.

(8) The Governing Council of an Autonomous College can appeal to theAutonomy Approval Committee against any order of rejection and the decisionthereon of the Autonomy Approval Committee shall be final :

Provided that where the Autonomy Approval Committee deems it fit, it mayappoint a panel of experts to advise the Autonomy Approval Committee inarriving at a decision on the appeal so preferred.

(9) The Syndicate of the University shall have powers to inspect to verifywhether a college that has been granted autonomy by the University GrantsCommission violates the conditions specified for the grant of such autonomy.

(10) For the purpose of sub-section (9), the Syndicate may constitute aCommittee either from among itself with experts in the field or a committee ofexperts as it deems fit, to inspect the facilities in the college, verify records of thecollege relevant to the purpose of the above inspection:

Provided that such experts shall be nominated by the Vice-Chancellor :

Provided further that such enquiry shall extend only to complaints orinformation in writing regarding the violation of the conditions of autonomy, pooracademic and administrative practices that lower quality of higher education orunethical practices in the matter of admissions, levying fees and conduct ofexaminations, adopted by the college for which autonomous status was granted.

(11) The Committee constituted under sub-section (10) shall not finaliseany report without giving the representative of the college that has been grantedautonomy, a fair and reasonable opportunity of being heard.

(12) The Syndicate shall, after consideration of the report of the saidCommittee recommend to the Autonomy Approval Committee through theVice-Chancellor, the suspension or revocation of the autonomy granted to it.

(13) If any complaint or information in writing is received in Governmentwith respect to an Autonomous College, the Government may, after dueconsideration of the contents of the complaint and the importance of the same,refer it to the Autonomy Approval Committee :

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Provided that such reference shall extend only to complaints or informationreceived in writing, with respect to violation of the conditions of autonomy, pooracademic and administrative practices that lower quality of higher education orunethical practices in the matter of admissions, levying fees and conduct ofexaminations, adopted by the college for which autonomous status has beengranted.

(14) On receipt of any report of the University containing itsrecommendations under sub-section (12) or on receipt of any reference fromGovernment under sub-section (13), the Autonomy Approval Committee shallconsider the report or reference, as the case may be :

Provided that the Autonomy Approval Committee may conduct an enquiryfor which it can constitute a committee either from among itself or from amongthe field of experts as it deems fit.

(15) The Committee constituted under sub-section (14) shall have powersto inspect the facilities in the college and to verify records of the college relevantto the purpose of such enquiry.

(16) All Autonomous Colleges shall furnish records and provideinformation sought by the Committee for the purpose of such enquiry:

Provided that no such enquiry shall be completed without giving thePrincipal of the Autonomous College a fair and reasonable opportunity of beingheard.

(17) Each Autonomous College shall submit a Manual of Examinations tothe University within six months before the date of the first set of examinationsthat it proposes to conduct in the college and the University shall offer its remarkson the Manual within sixty working days of such submission. The remarks of theUniversity shall be offered with the object of improving the safeguards in theconduct of the examinations and for ensuring the integrity of the examinationsconducted by an Autonomous College. The Autonomous College shall, as far aspossible, incorporate all the necessary modifications consistent with the remarks ofthe University, in the Manual and where it is unable to do so, shall intimate theUniversity in writing the reasons for its inability to do so.

69Q. Power of University to amend Statutes, Ordinances, Regulations etc.— (l) TheUniversity shall have power to amend its Statutes, Ordinances, Regulations, bylaws and rules to give effect to the provisions of this Chapter:

Provided that the grant of autonomy to colleges eligible under the provisionsof this Chapter and the Statutes, Ordinances and Regulations made thereunder shallnot be withheld on account of the pendency of such amendments.

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(2) In order to avoid difficulties in the case of an Autonomous College orcollege applying for the grant of autonomy, the Government shall have power tomake rules for the removal of such difficulties that may arise in theimplementation of the provisions of this Chapter in addition to the other powersof the Government to make rules under any other Chapter of this Act and suchrules shall be binding on the University and the Autonomous College or collegeapplymg for autonomy.

(3) Notwithstanding anything contained in this Act, the Academic Councilof an Autonomous College and the Governing Council may make regulations forthe purposes mentioned in this Chapter with the’ approval of the University:

Provided that the procedure for making Regulations, prescribed m section 39shall not be applicable for making such Regulations.

69R. Communications with Autonomous Colleges.—All correspondencebetween the Academic Council or Board of Studies of the University or theAutonomy Approval Committee with an Autonomous College or a collegeapplying for autonomy under this Chapter, shall be made with the Principal ofsuch college.

69S. Vacancies in the Committees, Councils or Boards under this Chapternot to invalidate any action.—No decision of the Autonomy Approval Committeeor of any Academic Council of an Autonomous College, Board of Studies of anAutonomous College or the Governing Council under this Chapter shall berendered invalid on account of a vacancy in such Committee, Councils or Boardnot having been filled up.

3. Amendment of Act 5 of 1975.—In the Calicut University Act, 1975(5 of 1975),—


(i) clause (1) shall be renumbered as clause (IA) of that section andbefore clause (1A) as so renumbered, the following clause shall be inserted,namely :—

“(1) “academic autonomy” means a privilege of a college orUniversity to conduct academic programmes, develop syllabus for the respectivesubjects, devise teaching, learning and evaluation methods, conduct examinationsleading to the award of a degree, diploma, certificate and such other titles anddistinctions by the University and publication of results in accordance with theprovisions of this Act and the Statutes, Ordinances, Regulations, bye-laws and therules made there under;”;

19

(ii) after clause (IA), as so renumbered, the following clause shall beinserted, namely:—

“(1B) “Academic Council of an Autonomous College” means theAcademic Council of an Autonomous College consisting of the members asprovided under section 68F;”;

(iii) after clause (4), the following clauses shall be inserted, namely:—

“(4A) “Autonomy Approval Committee” means the AutonomyApproval Committee constituted under section 68B;”;

(4B) “Autonomous College” means a college to which the status ofautonomy is granted by the University Grants Commission with the concurrenceof the State Government, in accordance with the provisions of Chapter VIII B ofthis Act and the Statutes, Ordinances, Regulations, by-elaws and rules madethereunder;”; ,


“(5A) “Board of Studies of an Autonomous College” means theBoard of Studies of an Autonomous College, constituted under section 68H;”;

(v) after clause (10), the following clauses shall be inserted, namely :—

“(10A) “Governing Council” means the Governing Council of anAutonomous College;”;

(vi) in clause (23), the words “and includes the Regulations of anAutonomous College and the rules made by the Government” shall be added atthe end;


“(31A) “University Grants Commission” means the University GrantsCommission established under section 4 of the University Grants CommissionAct, 1956 (Central Act 3 of 1956);”;


(i) for clause (ia), the following clauses shall be substituted,namely:—


“(ib) to confer academic autonomy to an affiliated college ordepartment of an affiliated college as provided for under Chapter VIII B of thisAct;”;

20

(c) after Chapter VIII A, the following Chapter shall be inserted,namely:—

“CHAPTER VIII B

AUTONOMOUS COLLEGES

68B. Autonomy Approval Committee.—(1) There shall be an AutonomyApproval Committee in Government consisting of the following members,namely:—

(a) the Minister-in-charge of the Higher Education Department, whoshall be the Chairman ;

(b) the Vice-Chairman of the Kerala State Higher Education Council ;

(c) the Secretary to Government, Finance Department ;

(d) the Vice-Chancellors of the University of Kerala, the University ofCalicut, the Mahatma Gandhi University and the Kannur University ;

(e) one representative of the Kerala State Higher Education Councilnominated by the Government ;

(f) the Law Secretary, Government of Kerala ; and




(4) Notwithstanding anything contained in this Act, the University shallcomply with the directions issued by the Autonomy Approval Committee insofar as it relates to the grant of academic autonomy.

(5) All directions of the Autonomy Approval Committee shall be issuedin the form of Orders, Circulars or Letters of the Committee.

(6) The Government may, by notification in the Gazette, delegate any orall of the powers and functions of the Autonomy Approval Committee to theUniversity to be exercised by the Senate, Syndicate or Academic Council, as thecase may be, or to the Kerala State Higher Education Council:


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68C. Powers and functions of the Autonomy Approval Committee.—TheAutonomy Approval Committee shall have the following powers and functions,namely:—

(i) to invite applications from the eligible colleges categorised as suchunder section 68N to apply for academic autonomy ;

(ii) to prescribe criteria and conditions for admission of students andmatters connected therewith, in conformity with and in addition to the criteria forautonomous colleges prescribed by the University Grants Commission, forpreserving high standards of quality of higher education ;

(iii) to direct the University to forward the application of a collegerecommended by the Autonomy Approval Committee to the University GrantsCommission for approval ;

(iv) to enquire into any complaint or petition regarding the violationof the terms and conditions under which autonomy has been granted to acollege ;

(v) to consider the report of the Syndicate or the Academic Councilon any matter pertaining to the breach or misuse of the standards set forautonomy by a college;

(vi) to rescind or alter the terms and conditions of academicautonomy granted to any college and to report the same to the UniversityGrants Commission:

Provided that no such decision shall be taken without giving thePrincipal, in the case of a Government College for which autonomy has beengranted and to the representative of the Manager of the College, in the case ofAutonomous Colleges that is not a Government College, an opportunity of beingheard.

(vii) to direct the University to implement the order rescinding oraltering the terms and conditions of academic autonomy granted to anAutonomous College ;

(viii) to hear appeals of the Autonomous Colleges ;

(ix) to inspect or cause to inspect the records and the premises ofany Autonomous College or any college that has applied for grant of academicautonomy for ascertaining any fact, or for any other purpose, relevant under thisChapter.

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68D. Date of effect of grant of academic autonomy.—An affiliated collegeauthorised under this Chapter to apply for academic autonomy to the UniversityGrants Commission shall be deemed to be an Autonomous College of theUniversity from the date on which it is granted autonomy by the UniversityGrants Commission.

68E. Authorities of an Autonomous College.—(1) The following shall bethe authorities of an Autonomous College, namely:—


(ii) The Board of Studies of an Autonomous College ;


(2) Notwithstanding anything contained in this Act or the Statutes,Ordinances or Regulations made under this Act, all matters including theinvitations, processing and approval of application for grant of autonomy, theconstitution of the authorities in an Autonomous College and their powers andthe powers of the University over an Autonomous College shall be dealt with inaccordance with the provisions of this Chapter.

(3) If there is any dispute whether any provision in any existingStatute, Regulation and Ordinances of the University is inconsistent with or hasthe effect of overriding or contradicting any provision in this Chapter, thedecision of the Government shall be final.

68F. Academic Council of an Autonomous College.—(1) There shall bean Academic Council for every Autonomous College.

(2) The Academic Council of an Autonomous College shall consist ofthe following members, namely:—


(b) All Heads of Departments in the College;

(c) Four teachers of the college representing different departments,not below the rank of an Associate Professor, to be nominated by the Directorof Collegiate Education in the case of Government Colleges and the Manager inthe case of a college other than a Government College;

(d) Not less than for experts from outside the college representingthe areas such as Industry, Commerce, Law, Education, Medicine, Engineering,Administration, Finance etc., to be nominated by the Governing Council of theAutonomous College;

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(f) One member from among the teachers of the college, nominatedby the Principal, who shall be the Member Secretary of the Academic Council ofthe Autonomous College.

(3) A member of the Academic Council of an Autonomous College shallhold office for a period of two years or when he is at the time of nomination, ateacher of the college, till his date of retirement, whichever is later, and shall beeligible for renomination.


68G. Powers and functions of the Academic Council of an AutonomousCollege.—Notwithstanding anything contained in this Act, the Academic Councilof an Autonomous College shall have the following powers and functions,namely:—

(i) to scrutinize the proposals of Boards of Studies of an AutonomousCollege, with regard to the courses of study, academic regulations, curricula,syllabi and modifications thereof, instructional and evaluation arrangements,methods, procedures relevant thereto and to approve the same with or withoutmodifications :

Provided that if the Academic Council of an Autonomous College differson any proposal submitted by any Board of Studies of the AutonomousCollege, it may either reject the proposal giving reasons for the same or returnthe same to the Board of Studies of the Autonomous College with its remarks,for reconsideration :

Provided further that if the proposal is returned and the Board of studiesre-submits the proposal to the Academic Council of the college with or withoutthe proposed modifications, the Academic Council shall approve the proposal ;

(ii) to make academic regulations regarding the admission of studentsto different programmes of study in the college subject to the criteria andconditions prescribed by the Autonomy Approval Committee ;

(iii) to make regulations for the conduct of examinations and initiatemeasures for improving quality of teaching, student evaluation and studentadvisory programmes in the college ;

(iv) to make and approve proposals for research and advancementand dissemination of knowledge ;

24

(v) to recommend to the Governing Council, any proposal forinstitution of new programmes of study ;

(vi) to recommend to the Governing Council, regarding the institutionof scholarships, studentships, fellowships, prizes and medals and to makeregulations for the award of the same ;

(vii) to advise the Governing Council on the suggestions made by itwith respect to academic affairs and ;

(viii) to perform such other academic functions as may be assigned toit by the Governing Council.

68H. Board of Studies of an Autonomous College.—(1) EveryAutonomous College shall constitute a Board of Studies of its own for eachsubject of study or group of subjects in which the college conduct courses orintends to conduct courses:

Provided that the Governing Council of the Autonomous College shall, forthis purpose, decide the subjects to be brought under a Board of Studies of theAutonomous College and the number of such Boards of Studies to beconstituted.


(a) Head of the Department not below the rank of an AssociateProfessor, if he has a Ph.D, on the basis of seniority from among the Heads ofDepartments whose subjects are covered by that Board of Studies, who shall bethe Chairman of the Board:

Provided that in the absence of such a Head of Department, a teacher notbelow the rank of an Associate Professor with Ph.D in a subject covered by thatBoard of Studies, nominated by the Government in the case of GovernmentColleges and the Principal in the case of other colleges, shall be the Chairman ofthe Board:


(b) not more than six teachers with Ph.D nominated by the Principal inconsultation with the Head of the Departments offering subjects covered by thatBoard of Studies, from different areas of specialisation, as identified by thePrincipal, in subjects covered by that Board of Studies :

25

Provided that the Principal shall, while nominating teachers, give primeconsideration to the quality of academic work including research andpublications of such teachers ;

(c) two experts in the subject from outside the college to benominated by the Academic Council of the Autonomous College ;

(d) one expert to be nominated by the Vice-Chancellor from a panel ofsix experts recommended by the Principal ;


(f) one meritorious alumnus who has completed a PostgraduateProgramme of the University, to be nominated by the Principal ;

(g) the Chairman of the Board of Studies of the Autonomous Collegemay, with the approval of the Principal of the college, co-opt, from time to time,as special invites to the meetings of the Board of Studies of the AutonomousCollege, for the purpose of academic consultation, from the following categories,namely:—

(i) experts from outside the college whenever special courses ofstudies are to be designed ;




(5) The meeting may be held as and when necessary, but at least onesuch meeting shall be held in a year.

(6) One-third of the members of the Board of Studies shall constitutethe quorum.

(7) In the temporary absence of the Chairman, the teacher next inseniority, shall act as the Chairman and convene the meeting, on the request ofthe Principal.


650/2014

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68I. Powers and functions of Board of Studies of an AutonomousCollege.—Notwithstanding anything contained in this Act, a Board of Studies ofan Autonomous College shall have the following powers and functions,namely:—


Provided that the Board of Studies of the Autonomous College shallensure that the proposal for the academic programme conforms substantially tothe duration, number of credits, evaluation and grading system prescribed, ifany, by the University for that academic programme:

Provided further that the Board of Studies of the Autonomous Collegeshall ensure that the proposal will not have the effect of lowering the academicstandards prescribed by the University;

(ii) to recommend books wherein the prescribed subjects are suitablydealt with, for the reference of teachers and students and also to recommendtext books as and when required;




68J. Constitution of the Governing Council.—(1) The Government shallconstitute a Governing Council for each Government Autonomous College for thepurposes of this Act, to function as the executive body of the college.

(2) The Governing Council of a Government Autonomous College, shallconsist of the following members, namely:—


Provided that in the absence of the Chairman in any meeting, theGovernment may nominate an officer mentioned in item (b) to be the Chairman ofthe Governing Council in that meeting ;

27

(b) an officer Collegiate Education or a not below the rank of aDeputy Director of Joint Secretary to Government in the Higher EducationDepartment ;

(c) three teachers with Ph.D. from different departments of thecollege, to be nominated by the Director of Collegiate Education, on rotation, fora period of two years on the basis of their seniority ;

(d) one nominee of the University, not below the rank of a Professor,to be nominated by the Vice-Chancellor ;

(e) one nominee of the University Grants Commission ;

(f) Principal of the College, who shall be the ex-officio Secretary tothe Governing Council.

(3) The Managing Council of an Autonomous College, other than aGovernment College, shall constitute a Governing Council for each AutonomousCollege under its management, for the purposes of this Act, to function as theexecutive body of the College.

(4) The Governing Council of an Autonomous College that is not aGovernment College shall consist of the following members, namely:—

(a) one nominee of the Manager, who shall be a senior and eminentperson of repute having sufficient experience in academic related matters, whoshall be the Chairman of the Governing Council ;

(b) three senior teachers of that college from different departmentsnot below the rank of an Associate Professor, to be nominated on rotation, bythe Manager ;

(c) one nominee of the University not below the rank of a Professor,to be nominated by the Vice-Chancellor ;

(d) one nominee of the University Grants Commission ;

(e) one nominee of the Kerala State Higher Education Council, to benominated by the Government :

28(f) Principal of the college, who shall be the ex-officio Secretary to

the Governing Council.

68K. Tenure of office of the Governing Council.—The term of office of thenominated members of the Governing Council shall be for a period of two yearsand shall be eligible for re-nomination for another term of two years:

Provided that the same person shall not be eligible for nominationbeyond a period of four years.

68L. Meetings of the Governing Council.—(1) The Governing Council shallmeet at least three times a year.


(3) Emergency meetings of the Governing Council may be convenedwith a notice of at least seven days, either on a written request of one-third ofthe members or on a direction from the Autonomy Approval Committee.

(4) One-third of the members who have been nominated at any pointof time shall constitute the quorum for the meeting.

68M. Powers and functions of the Governing Council.—Subject to theprovisions laid down by the bye-laws, if any, of the respective AutonomousCol1ege and the rules made by the State Government and the University, theGoverning Council shall have the following powers, namely:—

(i) to approve and submit to the University, the institution of newprogrammes of study leading to the award of degrees and diplomas;

(ii) to conduct examinations for each course and publish the results;

(iii) to recommend and forward the results of examinations, to theUniversity for the award of degree or diploma, as the case may be;

(iv) to approve the issue of marklists to the students;

(v) to fix the fees and other charges payable by the students of theAutonomous College with the concurrence of the Government:

Provided that in the case of aided courses or courses restructured fromthe aided courses, the fees shall be as determined by the Government;

(vi) to institute scholarships, fellowships, studentships, medals andcertificates on the recommendations of the Academic Council of the AutonomousCollege;

(vii) to make regulations for sports, extra-curricular activities, propermaintenance and functioning of the playgrounds and hostels;

29(viii) to exercise such other powers and perform such other functions

and to constitute such Committees as it may deem necessary for the properdevelopment of the Autonomous College and to fulfil the objectives ofautonomy.

68N. Procedure for granting autonomy.—(1) The Autonomy ApprovalCommittee shall, every year, invite applications from the eligible collegescategorised as such under sub-section (2) for recommending the granting ofautonomy.

(2) The Autonomy Approval Committee shall specify the categories ofcolleges as eligible colleges for recommending for the granting of autonomy,which may be Government College, Unaided College and Private College otherthan Unaided College and such categories from which applications are invited,the criteria for eligibility for granting autonomy, the forms in which theapplication has to be submitted. The documents necessary with the applicationand other information as are deemed necessary by the Autonomy ApprovalCommittee shall also be specified:

Provided that no such criterion shall have the effect of lowering thestandards prescribed by the University Grants Commission for the grant of thestatus of autonomy.

(3) The Autonomy Approval Committee shall scrutinise theapplications received from the eligible colleges and accept those from thecolleges satisfying the criteria prescribed by the Autonomy Approval Committee.

(4) The Autonomy Approval Committee may constitute a committeeeither from among itself with experts in the field of higher education or acommittee of experts as it deems fit, to inspect the facilities in the college andverify records of the college relevant to the grant of autonomy.

(5) The Committee constituted under sub-section (4) shall have thepower to enter into the college premises and its building and the college shall bebound to facilitate such inspection and furnish all information and recordspertinent to the enquiry, to the Committee.



30(8) On receipt of a recommendation under sub-section (7), the

Vice-Chancellor shall cause the application for grant of autonomy to beforwarded to the University Grants Commission, with the seal of the officer ofthe University, as prescribed by the Commission, within fifteen working daysfrom the date of receipt of the intimation by the Vice-Chancellor.

680. Conduct of examinations.—(1) The Government in the case ofGovernment Autonomous College and the Manager in the case of AutonomousColleges which are not Government Colleges, shall appoint a person not belowthe rank of an Associate Professor, with experience of not less than two yearsas the Head of a Department offering Post Graduate Course of study in aGovernment College or a college other than an Unaided college, as the Controllerof Examinations for the Autonomous College:

Provided that such a person shall not have been disqualified orpunished for any breach of conduct or failure to perform any duty assigned inconnection with the conduct of examinations by the University or any otherUniversities in the State.

(2) All examinations leading to the award of degree or diploma issuedby the University shall be conducted under the supervision of the Controller ofExaminations.

(3) The Academic Council of an Autonomous College shall frame aManual of Examinations for the conduct of examinations in the AutonomousCollege within three months from the grant of autonomy or six months beforethe conduct of the first set of examinations, whichever is earlier.

(4) The Manual of Examinations shall be based on the followingmatters, namely:—

(a) the functions of conducting Examinations and its supervision,evaluation of examinations and publication of results, shall be specificallyassigned to persons designated for the purpose and their roles shall also bespecified;

(b) the independence of framing of questions, valuation andmonitoring processes shall be maintained;


(d) there shall be adequate penalties of such nature and subject tosuch maximum penalty as may be prescribed by the Government, that may be

31provided for any individual responsible for the conduct of examinations in caseof any breach of the provisions of the Manual of Examinations:

Provided that in framing the Manual of Examinations, an AutonomousCollege shall ensure that the safeguards in the Examination Manual of theUniversity itself are to the extent possible, incorporated in the Manual ofExaminations for the conduct of examinations of the Autonomous College:

Provided further that the Manual of Examinations shall be submitted byan Autonomous College to the University for its remarks and modifications forimproving the quality of the process of examinations and upon receiving suchremarks, incorporate them in the Manual of Examinations to the extent possibleand inform the University of the reasons for not being able to comply with anyof the suggestions.

(5) On approval of the issue of the marklists by the GoverningCouncil, the marklist shall be issued under the names and seal of the Principal ofthe Autonomous College and the Controller of Examinations of the AutonomousCollege, in a format consistent with that prescribed by the University.

68P. Award of Degrees.—(1) The University shall award degrees, diplomas,titles, certificates and other academic distinctions to the students evaluated andrecommended by an Autonomous College after levying a reasonable fee as may beprescribed by the University for the same:

Provided that such degree, diploma, title or certificates shall be in acommon format prescribed by the University:


(2) The University shall issue the degree, diploma, title or certificateswithin forty-five working days of the receipt of recommendations from anAutonomous College.

68Q. Powers of University over Autonomous Colleges.—(1) Subject to theprovisions of this Chapter and the provisions of the Statutes, Ordinances,Regulations, bye-laws and rules made thereunder, the University shall have allother powers over the Autonomous Colleges as are applicable to any affiliatedcollege of the University under this Act and the Statutes, Ordinances and theRegulations made thereunder.

32(2) Where the Governing Council of an Autonomous College

has approved and recommended any academic programme to the University,the Vice-Chancellor shall cause the proposal to be placed before the relevantBoard of Studies of the University:

Provided that where there is no Board of Studies with respect to theacademic programme proposed, the University shall constitute a Board ofStudies or an Expert Committee for the purpose:

Provided further that the Expert Committee so appointed shall haveadequate number of members to facilitate a fair and objective assessment of theAcademic Programme submitted to the University.

(3) The Board of Studies or the Expert Committee, as the case may be,shall, within thirty working days from the date of receipt of the proposal,consider it for the Academic Programme referred to in sub-section (2) andapprove, reject or return the same, with remarks, to the Vice-Chancellor:

Provided that such rejection shall be on the ground that the proposalreceived from the Governing Council of an Autonomous College does notconform to the duration, number of credits, evaluation and grading system forthat Academic Programme already prescribed by the University or where theBoard of Studies or Expert Committee feels, for reasons to be recorded inwriting, that the proposal of the Governing Council of an Autonomous Collegewill have the effect of lowering academic standards:

Provided further that where the Autonomous College which submittedthe proposal has not been informed of the decision within thirty working daysfrom the date of submission of the proposal to the University, the proposal shallbe deemed to have been approved by the University.

(4) Where the Board of Studies or Expert Committee returns theproposal to the Vice-Chancellor with remarks pointing out the defects fortransmitting the same to the Governing Council of an Autonomous College, theGoverning Council may re-submit the proposal to the University with its remarkswithin thirty working days of receipt of such remarks.

(5) The Board of Studies shall, thereafter, within a period of thirtyworking days, either approve or reject the proposal and the Vice-Chancellor shallintimate the same to the Governing Council of the college:

Provided that where the Autonomous College resubmitting the proposalhas not been informed of the decision within thirty working days from the dateof re-submission of the proposal to the University, the proposal shall be deemedto have been approved by the University.

33(6) A copy of all such approvals or rejections shall be sent to the

Autonomy Approval Committee.

(7) All such decisions to approve or reject the proposal shall bereported to the Academic Council of the Autonomous College:

Provided that the Academic Council of the Autonomous College may, ifit differs with the decision, address the Chancellor for a review of the same.

(8) The Governing Council of an Autonomous College may appeal tothe Autonomy Approval Committee against any order of rejection and thedecision thereon of the Autonomy Approval Committee shall be final:

Provided that where the Autonomy Approval Committee deems it fit, itmay appoint a panel of experts to advise the Autonomy Approval Committee inarriving at a decision on the appeal so preferred.

(9) The Syndicate of the University shall have powers to inspect toverify whether a college that has been granted autonomy by the UniversityGrants Commission violates the conditions specified for the grant of suchautonomy.


Provided that such experts shall be nominated by the Vice-Chancellor:

Provided further that such enquiry shall extend only to complaints orinformation in writing regarding the violation of the conditions of autonomy,poor academic and administrative practices that lower quality of higher educationor unethical practices in the matter of admissions, levying fees and conduct ofexaminations, adopted by the college for which autonomous status was granted.

(11) The Committee constituted under sub-section (10) shall notfinalise any report without giving the representative of the college that has beengranted autonomy, a fair and reasonable opportunity of being heard.

(12) The Syndicate shall, after consideration of the report of the saidCommittee, recommend to the Autonomy Approval Committee through theVice-Chancellor, the suspension or revocation of the autonomy granted to it.

(13) If any complaint or information in writing is received inGovernment with respect to an Autonomous College, the Government may, afterdue consideration of the contents of the complaint and the importance of thesame, refer it to the Autonomy Approval Committee:

34Provided that such reference shall extend only to complaints or

information received in writing, with respect to violation of the conditions ofautonomy, poor academic and administrative practices that lower quality ofhigher education or unethical practices in the matter of admissions, levying feesand conduct of examinations, adopted by the college for which autonomousstatus has been granted.


Provided that the Autonomy Approval Committee may conduct anenquiry for which it may constitute a committee either from among itself or fromamong the field of experts as it deems fit.

(15) The Committee constituted under sub-section (14) shall havepowers to inspect the facilities in the college and to verify records of thecollege relevant to the purpose of such enquiry.



(17) Each Autonomous College shall submit a Manual of Examinationsto the University within six months before the date of the first set ofexaminations that it proposes to conduct in the college and the University shalloffer its remarks on the Manual within sixty working days of such submission.The remarks of the University shall be offered with the object of improving thesafeguards in the conduct of the examinations and for ensuring the integrity ofthe examinations conducted by an Autonomous College. The AutonomousCollege shall, as far as possible, incorporate all the necessary modificationsconsistent with the remarks of the University, in the Manual and where it isunable to do so, shall intimate the University in writing the reasons for itsinability to do so.

68R. Power of University to amend Statutes, Ordinances,Regulations etc.—(1) The University shall have power to amend its Statutes,Ordinances, Regulations, bye-laws and rules to give effect to the provisions ofthis Chapter:

35Provided that the grant of autonomy to Colleges eligible under the

provisions of this Chapter and the Statutes, Ordinances and Regulations madethereunder shall not be withheld on account of the pendency of suchamendments.

(2) In order to avoid difficulties in the case of an Autonomous Collegeor college applying for the grant of autonomy, the Government shall have powerto make rules for the removal of such difficulties that may arise in theimplementation of the provisions of this Chapter in addition to the other powersof the Government to make rules under any other Chapter of this Act and suchrules shall be binding on the University and the Autonomous College or collegeapplying for autonomy.

(3) Notwithstanding anything contained in this Act, the AcademicCouncil of an Autonomous College and the Governing Council may makeRegulations for the purposes mentioned in this Chapter with the approval of theUniversity:

Provided that the procedure for making Regulations, prescribed insection 39 shall not be applicable for making such Regulations.

68S. Communications with Autonomous Colleges.—All correspondencebetween the Academic Council or Board of Studies of the University or theAutonomy Approval Committee with an Autonomous College or a collegeapplying for autonomy under this Chapter, shall be made with the Principal ofsuch college.

68T. Vacancies in the Committees, Councils or Boards under this Chapternot to invalidate any action.—No decision of the Autonomy ApprovalCommittee or of any Academic Council of an Autonomous College, Board ofStudies of an Autonomous College or the Governing Council under this Chaptershall be rendered invalid on account of a vacancy in such Committee, Councilsor Board not having been filled up.

4. Amendment of Act 12 of 1985.—In the Mahatma Gandhi University Act,1985 (12 of 1985),—


(i) clause (1) shall be renumbered as clause (1A) of that section andbefore clause (1A) as so renumbered, the following clause shall be inserted,namely:—

“(1) “academic autonomy” means a privilege of a college orUniversity to conduct academic programmes, develop syllabus for the respective

36subjects, devise teaching, learning and evaluation methods, conduct examinationsleading to the award of a degree, diploma, certificate and such other titles anddistinctions by the University and publication of results in accordance with theprovisions of this Act and the Statutes, Ordinances, Regulations, bye-laws andthe rules made thereunder;”;

(ii) after clause (1A) as so renumbered, the following clause shall beinserted, namely:—

“(1B) “Academic Council of an Autonomous College” means theAcademic Council of an Autonomous College consisting of the members asprovided under section 107;”;

(iii) after clause (4), the following clauses shall be inserted,namely:—

“(4A) “Autonomy Approval Committee” means the AutonomyApproval Committee constituted under section 103;

(4B) “Autonomous College” means a college to which the statusof autonomy is granted by the University Grants Commission with theconcurrence of the State Government, in accordance with the provisions ofChapter IX of this Act and the Statutes, Ordinances, Regulations, bye-laws andrules made thereunder;”;


“(5A) “Board of Studies of an Autonomous College” means theBoard of Studies of an Autonomous College constituted under section 109;”;

(v) after clause (10), the following clauses shall be inserted, namely:—

“(l0A) “Governing Council” means the Governing Council of anAutonomous College;”;

(vi) in clause (25), the words “and includes the Regulations of anAutonomous College and the rules made by the Government” shail be added atthe end;


“(33A) “University Grants Commission” means the UniversityGrants Commission established under section 4 of the University GrantsCommission Act, 1956 (Central Act 3 of 1956);”;

37


(i) for clause (ia), the following clauses shall be substituted,namely:-


(ib) to confer academic autonomy to an affiliated college ordepartment of an affiliated college as provided for under Chapter IX of this Act;”;

(c) after Chapter VIII, the following Chapter shall be inserted,namely:—

“CHAPTER IX

AUTONOMOUS COLLEGES

103. Autonomy Approval Committee.— (1) There shall be an AutonomyApproval Committee in Government consisting of the following members,namely:—

(a) the Minister-in-charge of the Higher Education Department, whoshall be the Chairman;



(d) the Vice-Chancellors of the University of Kerala, the University ofCalicut, the Mahatma Gandhi University and the Kerala, the Kannur University






38

(4) Notwithstanding anything contained in this Act, the Universityshall comply with the directions issued by the Autonomy Approval Committee inso far as it relates to the grant of academic autonomy.

(5) All directions of the Autonomy Approval Committee shall beissued in the form of Orders, Circulars or Letters of the Committee.

(6) The Government may, by notification in the Gazette, delegate anyor all of the powers and functions of the Autonomy Approval Committee to theUniversity to be exercised by the Senate, Syndicate or Academic Council, as thecase may be, or to the Kerala State Higher Education Council:


104. Powers and functions of the Autonomy Approval Committee.— TheAutonomy Approval Committee shall have the following powers and functions,namely:—

(i) to invite applications from the eligible colleges categorised assuch under section 115 to apply for academic autonomy;

(ii) to prescribe criteria and conditions for admission of students andmatters connected therewith, in conformity with and in addition to the criteria forautonomous colleges prescribed by the University Grants Commission, forpreserving high standards of quality of higher education;


(iv) to enquire into any complaint or petition regarding the violationof the terms and conditions under which autonomy has been granted to a college;

(v) to consider the report of the Syndicate or the Academic Councilon any matter pertaining to the breach or misuse of the standards set forautonomy by a college; .


39

Provided that no such decision shall be taken with out giving the Principal,in the case of a Government College for which autonomy has been granted andto the representative of the Manager of the college, in the case of AutonomousColleges that is not a Government College, an opportunity of being heard.

(vii) to direct the University to implement the order rescinding oraltering the terms and conditions of academic autonomy granted to anautonomous college;


(ix) to inspect or cause to inspect the records and the premises of anyAutonomous College or any college that has applied for grant of academicautonomy for ascertaining any fact, or for any other purpose, relevant under thisChapter.

105. Date of effect of grant of academic autonomy.— An affiliated collegeauthorised under this Chapter to apply for academic autonomy to the UniversityGrants Commission shall be deemed to be an Autonomous College of theUniversity from the date on which it is granted autonomy by the UniversityGrants Commission.

106. Authorities of an Autonomus College.- (1) The following shall be theauthorities of an Autonomous College, namely:—


(ii) The Board of Studies of an Autonomous college;


(2) Notwithstanding anything contained in this Act, or the Statutes,Ordinances or Regulations made under this Act, all matters including theinvitations, processing and approval of application for grant of autonomy, theconstitution of the authorities in an Autonomous College and their powers and thepowers of the University over an Autonomous College shall be dealt with inaccordance with the provisions of this Chapter.

(3) If there is any dispute whether any provision in any existing Statute,Regulation and Ordinances of the University is inconsistent with or has the effectof overriding or contradicting any provision in this Chapter, the decision ofGovernment shall be final.

40

107. Academic Council of an Autonomous College.— (1) There shall be anAcademic Council for every Autonomous College.





(d) Not less than four experts from outside the college representingthe areas such as Industry, Commerce, Law, Education, Medicine, Engineering,Administration, Finance etc., to be nominated by the Governing Council of theAutonomous College;


(f) One member from among the teachers of the college, nominated bythe Principal, who shall be the Member Secretary of the Academic Council of theAutonomous College.

(3) A member of the Academic Council of an Autonomous College shallhold office for a period of two years or when he is, at the time of nomination, ateacher of the college, till his date of retirement, whichever is later, and shall beeligible for renomination.

(4) The Principal of the Autonomous College shall convene a meeting ofthe Academic Council of the Autonomous College atleast once in a year.

108. Powers and functions of the Academic Council of an AutonomousCollege.— Notwithstanding anything contained in this Act, the Academic Councilof an Autonomous College shall have the following powers and functions,namely:—


41

Provided that if the Academic Council of an Autonomous College differs onany proposal submitted by any Board of Studies of the Autonomous College, itmay either reject the proposal giving reasons for the same or return the same tothe Board of Studies of the Autonomous College with its remarks, forreconsideration:

Provided further that if the proposal is returned and the Board of Studiesre-submits the proposal to the Academic Council of the college with or withoutthe proposed modifications, the Academic Council shall approve the proposal;

(ii) to make academic regulations regarding the admission of studentsto different programmes of study in the college subject to the criteria andconditions prescribed by the Autonomy Approval Committee;


(iv) to make and approve proposals for research and advancement,and dissemination of knowledge;

(v) to recommend to the Governing Council, any proposal forinstitution of new programmes of study;

(vi) to recommend to the Governing Council, regarding the institutionof scholarships, studentships, fellowships, prizes and medals and to makeregulations for the award of the same;

(vii) to advise the Governing, Council on the suggestions made by itwith respect to academic affairs; and

(viii) to perform such other academic functions as may be assigned toit by the Governing Council.

109. Board of Studies of an Autonomous College.— (1) Every AutonomousCollege shall constitute a Board of Studies of its own for each subject of studyor group of subjects in which the college conduct courses or intends to conductcourses:

Provided that the Governing Council of the Autonomous College shall, forthis purpose, decide the subjects to be brought under a Board of Studies of theAutonomous College and the number of such Boards of Studies to be constituted.


42



Provided further that the Government or the Principal, as the case may be,shall, while nominating teachers give prime consideration to the quality ofacademic work including research and publications of such teachers.

(b) not more than six teachers with Ph.D, nominated by the Principalin consultation with the Head of the Departments offering subjects covered bythat Board of Studies, from different areas of specialisation, as identified by thePrincipal, in subjects covered by that Board of Studies:

Provided that the Principal shall, while nominating teachers, give primeconsideration to the quality of academic work including research and publicationsof such teachers;

(c) two experts in the subject from outside the college to benominated by the Academic Council of the Autonomous College;

(d) one expert to be nominated by the Vice-Chancellor from a panelof six experts recommended by the Principal;


(f) one meritorious alumnus who has completed a Post GraduateProgramme of the University, to be nominated by the Principal;

(g) the Chairman of the Board of Studies of the Autonomous Collegemay, with the approval of the Principal of the college, co-opt, from time to time,as special invitees to the meetings of the Board of Studies of the AutonomousCollege, for the purpose of academic consultation from the following categories,namely:—

(i) experts from outside the college whenever special courses ofstudies are to be designed;


43



(5) The meeting may be held as and when necessary, but atleast onesuch meeting shall be held in a year.

(6) One-third of the members of the Board of Studies shall constitute thequorum.

(7) In the temporary absence of the Chairman, the teacher next inseniority shall act as the Chairman and convene the meeting on the request of thePrincipal.


110. Powers and functions of Board of Studies of an AutonomousCollege.— Notwithstanding anything contained in this Act, a Board of Studies ofan Autonomous College shall have the following powers and functions, namely:—


Provided that the Board of Studies of the Autonomous College shall ensurethat the proposal for the academic programme conforms substantially to theduration, number of credits, evaluation and grading system prescribed, if any, bythe University for that academic programme:

Provided further that the Board of Studies of the Autonomous College shallensure that the proposal will not have the effect of lowering the academicstandards prescribed by the University;

(ii) to recommend books wherein the prescribed subjects are suitablydealt with, for the reference of teachers and students and also to recommend textbooks as and when required;


44



111. Constitution of the Governing Council.— (1) The Government shallconstitute a Governing Council for each Government Autonomous College for thepurposes of this Act, to function as the executive body of the college.

(2) The Governing Council of a Government Autonomous College shallconsist of the following members, namely:—

(a) an eminent person or repute having significant experience inacademic related matters, who shall be the Chairman:

Provided that in the absence of the Chairman in any meeting, theGovernment may nominate an officer mentioned in item (b) to be the Chairmanof the Governing Council in that meeting;

(b) an officer not below the rank of a Deputy Director of CollegiateEducation or a Joint Secretary to Government in the Higher EducationDepartment;

(c) three teachers with Ph.D from different departments of the college,to be nominated by the Director of Collegiate Education, on rotation, for a periodof two years on the basis of their seniority;

(d) one nominee of the University, not below the rank of a Professor,to be nominated by the Vice-Chancellor;


(f) Principal of the College, who shall be the ex-officio Secretary tothe Governing Council.



(a) one nominee of the Manager, who shall be a senior and eminentperson of repute having sufficient experience in academic related matters, whoshall be the Chairman of the Governing Council;

45

(b) three senior teachers of that college from different departments notbelow the rank of an Associate Professor, to be nominated on rotation, by theManager;

(c) one nominee of the University not below the rank of a Professor,to be nominated by the Vice-Chancellor;

(d) one nominee of the University Grants Commission;

(e) one nominee of the Kerala State Higher Education Council, to benominated by the Government;

(f) Principal of the college, who shall be the ex-officio Secretary tothe Governing Council.

112. Tenure of office of the Governing Council.— The term of office of thenominated members of the Governing Council shall be for a period of two yearsand shall be eligible for re-nomination for another term of two years:

Provided that the same person shall not be eligible for nomination beyond aperiod of four years.

113. Meetings of the Governing Council.— (1) The Governing Council shallmeet atleast three times a year.


(3) Emergency meetings of the Governing Council may be convened witha notice of at least seven days, either on a written request of one-third of themembers or on a direction from the Autonomy Approval Committee.


114. Powers and functions of the Governing Council.- Subject to theprovisions laid down by the bye-laws, if any, of the respective AutonomousCollege and the rules made by the State Government and the University, theGoverning Council shall have the following powers, namely:—



(iii) to recommend, and forward the results of examinations, to theUniversity for the award of degree or diploma, as the case may be;

46(iv) to approve the issue of marklists to the students;

(v) to fix the fees and other charges payable by the students of theAutonomous College with the concurrence of Government:

Provided that in the case of aided courses or courses restructured from theaided courses, the fees shall be as determined by the Government;


(vii) to make regulations for sports, extra-curricular activities, propermaintenance and functioning of the playgrounds and hostels:

(viii) to exercise such other powers and perform such other functionsand to constitute such Committees as it deem necessary for the properdevelopment of the Autonomous College and to fulfil the objectives of autonomy.

115. Procedure for granting autonomy.—(l) The Autonomy ApprovalCommittee shall, every year, invite applications from the eligible collegescategorised as such under sub-section (2) for recommending the granting ofautonomy.

(2) The Autonomy Approval Committee shall specify the categories ofcolleges as eligible colleges for recommending for the granting of autonomy,which may be Govemment College, Unaided College and Private College otherthan Unaided College and such categories from which applications are invited, thecriteria for eligibility for granting autonomy, the forms in which the applicationhas to be submitted. The documents necessary with the application and otherinformation as are deemed necessary by the Autonomy Approval Committee shallalso be specified:



47(4) The Autonomy Approval Committee may constitute a committee

either from among itself with experts in the field of higher education or acommittee of experts as it deems fit, to inspect the facilities in the college andverify records of the college relevant to the grant of autonomy.

(5) The Committee constituted under sub-section (4) shall have the powerto enter into the college premises and its building and the college shall be boundto facilitate such inspection and furnish all information and records pertinent tothe enquiry, to the Committee.



(8) On receipt of a recommendation under sub-section (7), theVice-Chancellor shall cause the application for grant of autonomy to be forwardedto the University Grants Commission, with the seal of the officer of theUniversity, as prescribed by the Commission, within fifteen working days from thedate of receipt of the intimation by the Vice-Chancellor.

116. Conduct of examinatior.—(I) The Government in the case ofGovernment Autonomous College and the Manager in the case of AutonomousColleges which are not Government Colleges shall appoint a person not below therank of an Associate Professor, with experience of not less than two years as theHead of a Department offering PostGraduate Course of study in a GovernmentCollege or a college other than an Unaided college, as the Controller ofExaminations for the Autonomous College:

Provided that such a person shall not have been disqualified or punished forany breach of conduct or failure to perform any duty assigned in connection withthe conduct of examinations by the University or any other Universities in theState

(2) All examinations leading to the award of degree or diploma issued bythe University shall be conducted under the supervision of the Controller ofExaminations.

48(3) The Academic Council of an Autonomous College shall frame a

Manual of Examinations for the conduct of examinations in the AutonomousCollege within three months from the grant of autonomy or six months before theconduct of the first set of examinations, whichever is earlier;


(a) the functions of conducting examinations and its supervision,evaluation of examinations and publication of results shall be specifically assignedto persons designated for the purpose and their roles shall also be specified;

(b) the independence of framing of questions, valuation and monitoringprocesses shall be maintained;


(d) there shall be adequate penalties of such nature and subject to suchmaximum penalty as may be prescribed by the Government, that may be providedfor any individual responsible for the conduct of examinations in case of anybreach of the provisions of the Manual of Examinations:

Provided that in framing the ManuaI of Examinations, an AutonomousCollege shall ensure that the safeguards in the Examination Manual of theUniversity itself are to the extent possible, incorporated in the Manual ofExaminations for the conduct of examinations of the Autonomous College:

Provided Further that the Manual of Examinations shall be submitted by anAutonomous College to the University for its remarks and modifications forimproving the quality of the process of examinations and upon receiving suchremarks, incorporate them in the Manual of Examinations to the extent possibleand inform the University of the reasons for not being able to comply with any ofthe suggestions.

(5) On approval of the issue of the marklists by the Governing Council,the marklist shall be issued under the names and seal of the Principal of theAutonomous College and the Controller of Examinations of the AutonomousCollege, in a format consistent with that prescribed by the University.

49117. Award of Degrees.—(1) The University shall award degrees, diplomas,

titles, certificates and other academic distinctions to the students evaluated andrecommended by an Autonomous College after levying a reasonable fee as may beprescribed by the University for the same:

Provided that such degree, diploma, title or certificates shall be in a commonformat prescribed by the University:


(2) The University shall issue the degree, diploma, title or certificateswithin fourty five working days of the receipt of recommendations from anAutonomous College.

118. Powers of University over Autonomous Colleges.—(1) Subject to theprovisions of this Chapter and the provisions of the Statutes, Ordinances,Regulations, bye-laws and rules made thereunder, the University shall have allother powers over the Autonomous Colleges as are applicable to any affiliatedcollege of the University under this Act and the Statutes, Ordinances and theRegulations made thereunder.

(2) Where the Governing Council of an Autonomous Collegehas approved and recommended any academic programme to the University,the Vice-Chancellor shall cause the proposal to be placed before the relevant Boardof Studies of the University:

Provided that where there is no Board of Studies with respect to theacademic programme proposed, the University shall constitute a Board of Studiesor an Expert Committee for the purpose:

Provided further that the Expert Committee so appointed shall have adequatenumber of members to facilitate a fair and objective assessment of the AcademicProgramme submitted to the University.

(3) The Board of Studies or the Expert Committee, as the case may be,shall, within thirty working days from the date of receipt of the proposal, considerit for the Academic Programme referred to in sub-section (2) and approve, rejector return the same, with remarks, to the Vice-Chancellor:

50Provided that such rejection shall be on the ground that the proposal received

from the Governing Council of an Autonomous College does not conform to theduration, number of credits, evaluation and grading system for that AcademicProgramme already prescribed by the University or where the Board of Studies orExpert Committee feels, for reasons to be recorded in writing, that the proposal ofthe Governing Council of an Autonomous College will have the effect of loweringacademic standards:

Provided further that where the Autonomous College which submitted theproposal has not been informed of the decision within thirty working days fromthe date of submission of the proposal to the University, the proposal shall bedeemed to have been approved by the University.

(4) Where the Board of Studies or Expert Committee returns the proposalto the Vice-Chancellor with remarks pointing out the defects for transmitting thesame to the Governing Council of an Autonomous College, the Governing Councilmay resubmit the proposal to the University with its remarks within thirtyworking days of receipt of such remarks.

(5) The Board of Studies shall, thereafter, within a period of thirtyworking days, either approve or reject the proposal and the Vice-Chancellor shallintimate the same to the Governing Council of the College:

Provided that where the Autonomous College resubmitting the proposal hasnot been informed of the decision within thirty working days from the date ofresubmission of the proposal to the University, the proposal shall be deemed tohave been approved by the University.


(7) All such decisions to approve or reject the proposal shall be reportedto the Academic Council of the Autonomous College:

Provided that the Academic Council of the Autonomous College may, if itdiffers with the decision, address the Chancellor for a review of the same.

(8) The Governing Council of an Autonomous College may appeal to theAutonomy Approval Committee against any order of rejection and the decisionthereon of the Autonomy Approval Committee shall be final:

51Provided that where the Autonomy Approval Committee deems it fit, it may

appoint a panel of experts to advise the Autonomy Approval Committee inarriving at a decision on the appeal so preferred.

(9) The Syndicate of the University shall have powers to inspect to verifywhether a college that has been granted autonomy by the University GrantsCommission violates the conditions specified for the grant of such autonomy.



Provided further that such enquiry shall extend only to complaints orinformation in writing regarding the violation of the conditions of autonomy, pooracademic and administrative practices that lower quality of higher education orunethical practices in the matter of admissions, levying fees and conduct ofexaminations, adopted by the college for which autonomous status was granted.


(12) The Syndicate shall, after consideration of the report of the saidCommittee, recommend to the Autonomy Approval Committee throughthe Vice-Chancellor, the suspension or revocation of the autonomy granted to it.

(13) If any complaint or information in writing is received inGovernment with respect to an Autonomous College, the Government may, afterdue consideration of the contents of the complaint and the importance of the same,refer it to the Autonomy Approval Committee:

Provided that such reference shall extend only to complaints or informationreceived in writing, with respect to violation of the conditions of autonomy, pooracademic and administrative practices that lower quality of higher education orunethical practices in the matter of admissions, levying fees and conduct ofexaminations, adopted by the college for which autonomous status has beengranted.

52(14) On receipt of any report of the University containing its

recommendations under sub-section (12) or on receipt of any reference fromGovernment under sub-section (13), the Autonomy Approval Committee shallconsider the report or reference, as the case may be :

Provided that the Autonomy Approval Committee may conduct an enquiryfor which it can constitute a committee either from among itself or from amongthe field of experts as it deems fit.

(15) The Committee constituted under sub-section (14) shall have powersto inspect the facilities in the college and to verify records of the college relevantto the purpose of such enquiry.



(17) Each Autonomous College shall submit a Manual of Examinations tothe University within six months before the date of the first set of examinationsthat it proposes to conduct in the college and the University shall offer its remarkson the Manual within sixty working days of such submission. The remarks of theUniversity shall be offered with the object of improving the safeguards in theconduct of the examinations and for ensuring the integrity of the examinationsconducted by an Autonomous College. The Autonomous College shall, as far aspossible, incorporate all the necessary modifications consistent with the remarks ofthe University, in the Manual and where it is unable to do so, shall intimate theUniversity in writing the reasons for its inability to do so.

119. Power of University to amend Statutes, Ordinances, Regulations etc.— (1)The University shall have power to amend its Statutes, Ordinances, Regulations,bye-laws and rules to give effect to the provisions of this Chapter:

Provided that the grant of autonomy to colleges eligible under the provisionsof this Chapter and the Statutes, Ordinances and Regulations made thereunder shallnot be withheld on account of the pendency of such amendments.

53(2) In order to avoid difficulties in the case of an Autonomous College or

college applying for the grant of autonomy, the Government shall have power tomake rules for the removal of such difficulties that may arise in theimplementation of the provisions of this Chapter in addition to the other powersof the Government to make rules under any other Chapter of this Act and suchrules shall be binding on the University and the Autonomous College or collegeapplying for autonomy.

(3) Notwithstanding anything contained in this Act, the Academic Councilof an Autonomous College and the Governing Council may make Regulations forthe purposes mentioned in this Chapter with the approval of the University:

Provided that the procedure for making Regulations, prescribed in section 40shall not be applicable for making such Regulations.

120. Communications with Autonomous Colleges.—All correspondencebetween the Academic Council or Board of Studies of the University or theAutonomy Approval Committee with an Autonomous College or a collegeapplying for autonomy under this Chapter, shall be made with the Principal ofsuch College.

121. Vacancies in the Committees, Councils or Boards under this Chapter notto invalidate any action.—No decision of the Autonomy Approval Committee orof any Academic Council of an Autonomous College, Board of Studies of anAutonomous College or the Governing Council under this Chapter shall berendered invalid on account of a vacancy in such Committee, Councils or Boardnot having been filled up.

5. Amendment of Act 22 of 1996.—In the Kannur University Act, 1996(22 of 1996),—


(i) clause (i) shall be renumbered as clause (iA) of that section andbefore clause (iA) as so renumbered, the following clause shall be inserted,namely:—

“(i) “academic autonomy” means a privilege of a college orUniversity to conduct academic programmes, develop syllabus for the respectivesubjects, devise teaching, learning and evaluation methods, conduct examinationsleading to the award of a degree, diploma, certiticate and such other titles anddistinctions by the University and publication of results in accordance with theprovisions of this Act and the Statutes, Ordinances, Regulations, bye-laws and therules made thereunder;”;

54(ii) after clause (iA) as so renumbered, the following clause shall be

inserted, namely:—

“(iB) “Academic Council of an Autonomous College” means theAcademic Council of an Autonomous College consisting of the members asprovided under section 74E;”;

(iii) after clause (iv), the following clauses shall be inserted,namely:—

“(ivA) “Autonomy Approval Committee” means the AutonomyApproval Committee constituted under section 74A ;

(ivB) “Autonomous College” means a college to which the statusof autonomy is granted by the University Grants Commission with the concurrenceof the State Government, in accordance with the provisions of Chapter VIllA ofthis Act and the Statutes, Ordinances, Regulations, bye-laws and rules madethereunder;”;

(iv) after clause (v), the following clause shall be inserted,namely:—

“(vA) “Board of Studies of an Autonomous College” means theBoard of Studies of an Autonomous College, constituted under section 74G;’’;

(v) after clause (x), the following; clause shall be inserted, namely:—

“(xA) “Governing Council” means the Governing Council of anAutonomous College;’’;

(vi) in clause (xxiv), the words “and includes the Regulations of anAutonomous College and the rules made by the Government” shall be added at theend;

(vii) after clause (xxxii), the following clause shall be inserted,namely:—

“(xxxiiA)“University Grants Commission” means the UniversityGrants Commission established under section 4 of the University GrantsCommission Act, 1956 (Central Act 3 of 1956);”;

55


(i) for clause (ia), the following clauses shall be substituted,namely:—


(ib) to confer academic autonomy to an affiliated college ordepartment of an affiliated college as provided for under Chapter VIII A of thisAct.;”

(c) after Chapter VIII, the following Chapter shall be inserted,namely:—

“CHAPTER VIII A

AUTONOMOUS COLLEGES

74A. Autonomy Approval Committee.—(1) There shall be an AutonomyApproval Committee in Government consisting of the following members,namely:—

(a) the Minister-in-charge of the Higher Education Department, who shallbe the Chairman;



(d) the Vice-Chancellers of the University of Kerala, the University ofCalicut, the Mahatma Gandhi University and the Kannur University;




(2) The Vice-Chairman of the Kerala State Higher Education Council shallbe the Vice-Chairman of the Autonomy Approval Committee and shall chair themeeting of the Committee in the absence of the Chairman.

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(4) Notwithstanding anything contained in this Act, the University shallcomply with the directions issued by the Autonomy Approval Committee inso far as it relates to the grant of academic autonomy.

(5) All directions of the Autonomy Approval Committee shall be issued inthe form of Orders, Circulars or Letters of the Committee.

(6) The Government may, by notification in the Gazette, delegate any or allof the powers and functions of the Autonomy Approval Committee to theUniversity to be exercised by the Senate, Syndicate or Academic Council, as thecase may be, or to the Kerala State Higher Education Council:

Provided that the Government may, at any time, by notitication in theGazette, withdraw such delegation granted.

74B. Powers and functions of the Autonomy Approval Committee.—TheAutonomy Approval Committee shall have the following powers and functions,namely:—

(i) to invite applications from the eligible colleges categorised as suchunder section 74M to apply for academic autonomy;

(ii) to prescribe criteria and conditions for admission of students andmatters connected therewith, in conformity with and in addition to the criteria forautonomous colleges, prescribed by the University Grants Commission, forpreserving high standards of quality of higher education;


(iv) to enquire into any complaint or petition regarding the violation ofthe terms and conditions under which autonomy has been granted to a college;

(v) to consider the report of the Syndicate or the Academic Council onany matter pertaining to the breach or misuse of the standards set for autonomyby a college;


57

Provided that no such decision shall be taken without giving thePrincipal, in the case of a Government College for which autonomy has beengranted and to the representative of the Manager of the college, in the case ofan Autonomous College that is not a Government College an opportunity ofbeing heard.

(vii) to direct the University to implement the order rescinding or alteringthe terms and condition of academic autonomy granted to an autonomouscollege;


(ix) to inspect or cause to inspect the records and the premises of anyAutonomous College or any College that has applied for grant of academicautonomy for ascertaining any fact, or for any other purpose, relevant under thisChapter.

74C. Date of effect of grant of academic autonomy.—An affiliated collegeauthorised under this Chapter to apply for academic autonomy to the UniversityGrants Commission shall be deemed to be an Autonomous College of theUniversity from the date on which it is granted autonomy by the UniversityGrants Commission.

74D. Authorities of an Autonomous College.—(1) The following shall bethe authorities of an Autonomous College, namely:—


(ii) The Board of Studies of an Autonomous College;


(2) Notwithstanding anything contained in this Act, or the Statutes,Ordinances or Regulations made under this Act, all matters including theinvitations, processing and approval of application for grant of autonomy, theconstitution of the authorities in an Autonomous College and their powers andthe powers of the University over an Autonomous College shall be dealt with inaccordance with the provisions of this Chapter.

(3) If there is any dispute whether any provision in any existing Statute,Regulation and Ordinances of the University is inconsistent with or has theeffect of overriding or contradicting any provision in this Chapter, the decisionof the Government shall be final.

74E. Academic Council of an Autonomous College.—(1) There shall be anAcademic Council for every Autonomous College.

58


(a) The Principal, who shall be the Chairman of the Academic Council ofthe Autonomous College;



(d) Not less than four experts from outside the college representing theareas such as Industry, Commerce, Law, Education, Medicine, Engineering,Administration, Finance etc., to be nominated by the Governing Council of theAutonomous College;


(f) One member from among the teachers of the college, nominated bythe Principal, who shall be the Member Secretary of the Academic Council ofthe Autonomous College.

(3) A member of the Academic Council of an Autonomous College shallhold office for a period of two years or when he is, at the time of nomination, ateacher of the college, till his date of retirement, whichever is later, and shall beeligible for re-nomination.


74F. Powers and functions of the Academic Council of an AutonomousCollege.—Notwithstanding anything contained in this Act, the AcademicCouncil of an Autonomous College shall have the following powers andfunctions, namely:—


Provided that if the Academic Council of an Autonomous College differson any proposal submittecl by any Board of Studies of the Autonomous College,

59

it may either reject the proposal giving reasons for the same or return the sameto the Board of Studies of the Autonomous College with its remarks, forreconsideration:

Provided further that if the proposal is returned and the Board of Studiesre-submits the proposal to the Academic Council of the college with or withoutthe proposed modifications, the Academic Council shall approve the proposal;

(ii) to make academic regulations regarding the admission of students todifferent programmes of study in the college subject to the criteria andconditions prescribed by the Autonomy Approval Committee;


(iv) to make and approve proposals for research and advancement anddissemination of knowledge;

(v) to recommend to the Governing Council, any proposal for institutionof new programmes of study;

(vi) to recommend to the Governing Council, regarding the institution ofscholarships, studentships, fellowships, prizes and medals and to makeregulations for the award of the same;

(vii) to advise the Governing Council on the suggestions made by itwith respect to academic affairs; and

(viii) to perform such other academic functions as may be assigned to itby the Governing Council.

74G. Board of Studies of an Autonomous College.—(1) Every AutonomousCollege shall constitute a Board of Studies of its own for each subject of studyor group of subjects in which the college conduct courses or intends toconduct courses:

Provided that the Governing Council of the Autonomous College shall, forthis purpose, decide the subjects to be brought under a Board of Studies of theAutonomous College and the number of such Boards of Studies to beconstituted.

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(b) not more than six teachers with Ph.D, nominated by the Principal inconsultation with the Head of the Departments offering subjects covered by thatBoard of Studies, from different areas of specialisation, as identified by thePrincipal, in subjects covered by that Board of Studies:

Provided that the Principal shall, while nominating teachers, give primeconsideration to the quality of academic work including research andpublications of such teachers;

(c) two experts in the subject from outside the college to be nominatedby the Academic Council of the Autonomous College;

(d) one expert to be nominated by the Vice-Chancellor from a panel ofsix experts recommended by the Principal;

(e) one representative each from industry, corporate sector or allied arearelating to placement;

(f) one meritorious alumnus who has completed a PostgraduateProgramme of the University, to be nominated by the Principal;

(g) the Chairman of the Board of Studies of the Autonomous Collegemay, with the approval of the Principal of the College, co-opt, from time to time,as special invitees to the meetings of the Board of Studies of the AutonomousCollege, for the purpose of academic consultation from the following categories,namely:—

(i) experts from outside the college whenever special courses of studiesare to be designed;

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(4) The Principal of the college shall draw up the schedule for meeting ofthe Board of Studies of the Autonomous College for different departments.

(5) The meeting may be held as and when necessary, but at least one suchmeeting shall be held in a year.

(6) One-third of the members of the Board of Studies shall constitute thequorum.

(7) In the temporary absence of the Chairman, the teacher next in seniority,shall act as the Chairman and convene the meeting, on the request of thePrincipal.


74H. Powers and functions of Board of Studies of an AutonomousCollege.—Notwithstanding anything contained in this Act, a Board of Studiesof an Autonomous College shall have the following powers and functions,namely:—


Provided that the Board of Studies of the Autonomous College shallensure that the proposal for the academic programme conforms substantially tothe duration, number of credits, evaluation and grading system prescribed, ifany, by the University for that academic programme:

Provided further that the Board of Studies of the Autonomous Collegeshall ensure that the proposal will not have the effect of lowering the academicstandards prescribed by the University;

(ii) to recommend books wherein the prescribed subjects are suitablydealt with, for the reference of teachers and students and also to recommendtext books as and when required;

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74I. Constitution of the Governing Council.—(I) The Government shallconstitute a Governing Council for each Government Autonomous College tor thepurposes of this Act, to function as the executive body of the college.

(2) The Governing Council of a Government Autonomous College, shallconsist of the following members, namely:—


Provided that in the absence of the Chairman in any meeting, theGovernment may nominate an officer mentioned in item (b) to be the Chairman ofthe Governing Council in that meeting;

(b) an officer not below the rank of a Deputy Director of CollegiateEducation or a Joint Secretary to Government in the Higher EducationDepartment;

(c) three teachers with Ph.D from different departments of the college,to be nominated by the Director of Collegiate Education, on rotation, for aperiod of two years on the basis of their seniority;

(d) one nominee of the University, not below the rank of a Professor, tobe nominated by the Vice-Chancellor;


(f) Principal of the College, who shall be the ex-officio Secretary to theGoverning Council.


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(a) one nominee of the Manager, who shall be a senior and eminentperson of repute having sufficient experience in academic related matters, whoshall be the Chairman of the Governing Council;

(b) three senior teachers of that college from different departments notbelow the rank of an Associate Professor, to be nominated on rotation, by theManager;

(c) one nominee of the University not below the rank of a Professor, tobe nominated by the Vice-Chancellor;

(d) one nominee of the University Grants Commission;

(e) one nominee of the Kerala State Higher Education Council, to benominated by the Government;

(f) Principal of the college, who shall be the Ex-officio Secretary to theGoverning Council.

74J. Tenure of office of the Governing Council.—The term of office of thenominated members of the Governing Council shall be for a period of two yearsand shall be eligible for re-nomination for another term of two years:

Provided that the same person shall not be eligible for nomination beyonda period of four years.

74K. Meetings of the Governing Council.—(1) The Governing Council shallmeet at least three times a year.

(2) The interval between successive meetings shall in no case exceed fourmonths.

(3) Emergency meetings of the Governing Council may be convened with anotice of at least seven days, either on a written request of one-third of themembers or on a direction from the Autonomy Approval Committee.


74L. Powers and functions of the Governing Council.—Subject to theprovisions laid down by the bye-laws, if any, of the respective AutonomousCollege and the rules made by the State Government and the University, theGoverning Council shall have the following powers, namely:—


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(iii) to recommend, and forward the results of examinations, to theUniversity for the award of degree or diploma, as the case may be;

(iv) to approve the issue of marklists to the students;

(v) to fix the fees and other charges payable by the students of theAutonomous College with the concurrence of Government:

Provided that in the case of aided courses or courses restructured tromthe aided courses, the fees shall be as determined by the Government;


(vii) to make regulations for sports, extra-curricular activities, propermaintenance and functioning of the playgrounds and hostels;

(viii) to exercise such other powers and perform such other functionsand to constitute such Committees as it deem necessary and for the properdevelopment of the Autonomous College and to fulfil the objectives ofautonomy.

74M. Procedure for granting autonomy.—(1) The Autonomy ApprovalCommittee shall, every year, invite applications from the eligible collegescategorised as such under sub-section (2) for recommending the granting ofautonomy.

(2) The Autonomy Approval Committee shall specify the categories ofcolleges as eligible colleges for recommending for the granting of autonomy,which may be Government College, Unaided College and Private College otherthan Unaided College and such categories from which applications are invited,the criteria for eligibility for granting autonomy, the forms in which theapplication has to be submitted. The documents necessary with the applicationand other information as are deemed necessary by the Autonomy ApprovalCommittee shall also be specified:

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(4) The Autonomy Approval Committee may constitute a committeeeither from among itself with experts in the field of higher education or acommittee of experts as it deems fit, to inspect the facilities in the college andverify records of the college relevant to the grant of autonomy.

(5) The Committee constituted under sub-section (4) shall have thepower to enter into the college premises and its building and the College shallbe bound to facilitate such inspection and furnish all information and recordspertinent to the enquiry, to the Committee.



(8) On receipt of a recommendation under sub-section (7), theVice-Chancellor shall cause the application for grant of autonomy to beforwarded to the University Grants Commission, with the seal of the officer ofthe University, as prescribed by the Commission, within fifteen working daysfrom the date of receipt of the intimation by the Vice-Chancellor.

74N. Conduct of examinations.—(1) The Government, in the case ofGovernment Autonomous College and the Manager in the case of AutonomousColleges which are not Government Colleges shall appoint a person not belowthe rank of an Associate Professor, with experience of not less than two yearsas the Head of a Department offering Post Graduate Course of study in aGovernment College or a college other than an Unaided College, as theController of Examinations for the Autonomous College:

Provided that such a person shall not have been disqualified orpunished for any breach of conduct or failure to perform any duty assigned inconnection with the conduct of examinations by the University or any otherUniversities in the State.

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(2) All examinations leading to the award of degree or diploma issuedby the University shall be conducted under the supervision of the Controller ofExaminations.

(3) The Academic Council of an Autonomous College shall frame aManual of Examinations for the conduct of examinations in the AutonomousCollege within three months from the grant of autonomy or six months beforethe conduct of the first set of examinations, whichever is earlier.


(a) the functions of conducting examinations and its supervision,evaluation of examinations and publication of results, shall be specificallyassigned to persons designated for the purpose and their roles shall also bespecified;

(b) the independence of framing of questions, valuation andmonitoring processes shall be maintained;


(d) there shall be adequate penalties of such nature and subject tosuch maximum penalty as may be prescribed by the Government, that may beprovided for any individual responsible for the conduct of examinations in caseof any breach of the provisions of the Manual of Examinations:

Provided that in framing the Manual of Examinations, an AutonomousCollege shall ensure that the safeguards in the Examination Manual of theUniversity itself are to the extent possible, incorporated in the Manual ofExaminations for the conduct of examinations of the Autonomous College:

Provided further that the Manual of Examinations shall be submitted byan Autonomous College to the University for its remarks and modifications forimproving the quality of the process of examinations and upon receiving suchremarks, incorporate them in the Manual of Examinations to the extent possibleand inform the University of the reasons for not being able to comply with anyof the suggestions.

(5) On approval of the issue of the marklists by the Governing Council,the marklist shall be issued under the names and seal of the Principal of theAutonomous College and the Controller of Examinations of the AutonomousCollege, in a format consistent with that prescribed by the University.

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74O. Award of Degrees.—(1) The University shall award degrees, diplomas,titles, certificates and other academic distinctions to the students evaluated andrecommended by an Autonomous College after levying a reasonable fee as maybe prescribed by the University for the same:

Provided that such degree, diploma, title or certificates shall be in acommon format prescribed by the University:

Provided further that the name of an Autonomous College shall bementioned in the certificate conferring degree, diploma, title, certificate and otheracademic distinctions, if such college requests for the same.

(2) The University shall issue the degree, diploma, title or certificateswithin forty-five working days of the receipt of recommendations from anAutonomous College.

74P. Powers of University over Autonomous Colleges.—(1) Subject to theprovisions of this Chapter and the provisions of the Statutes, Ordinances,Regulations, bye-laws and rules made thereunder, the University shall have allother powers over the Autonomous Colleges as are applicable to any affiliatedcollege of the University under this Act and the Statutes, Ordinances and theRegulations made thereunder.

(2) Where the Governing Council of an Autonomous College hasapproved and recommended any academic programme to the University, theVice-Chancellor shall cause the proposal to be placed before the relevant Boardof Studies of the University:

Provided that where there is no Board of Studies with respect to theacademic programme proposed, the University shall constitute a Board ofStudies or an Expert Committee for the purpose:

Provided further that the Expert Committee so appointed shall haveadequate number of members to facilitate a fair and objective assessment of theAcademic Programme submitted to the University.

(3) The Board of Studies or the Expert Committee, as the case may be,shall, within thirty working days from the date of receipt of the proposal,consider it for the Academic Programme referred to in sub-section (2) andapprove, reject or return the same, with remarks, to the Vice-Chancellor:

Provided that such rejection shall be on the ground that the proposalreceived from the Governing Council of an Autonomous College does notconform to the duration, number of credits, evaluation and grading system forthat Academic Programme already prescribed by the University or where the

68

Board of Studies or Expert Committee feels, for reasons to be recorded inwriting, that the proposal of the Governing Council of an Autonomous Collegewill have the effect of lowering academic standards:

Provided further that where the Autonomous College which submittedthe proposal has not been informed of the decision within thirty working daysfrom the date of submission of the proposal to the University, the proposal shallbe deemed to have been approved by the University.

(4) Where the Board of Studies or Expert Committee returns theproposal to the Vice-Chancellor with remarks pointing out the defects fortransmitting the same to the Governing Council of an Autonomous College, theGoverning Council may re-submit the proposal to the University with its remarkswithin thirty working days of receipt of such remarks.

(5) The Board of Studies shall thereafter, within a period of thirtyworking days, either approve or reject the proposal and the Vice-Chancellor shallintimate the same to the Governing Council of the College:

Provided that where the Autonomous College re-submitting the proposalhas not been informed of the decision within thirty working days from the dateof re-submission of the proposal to the University, the proposal shall be deemedto have been approved by the University.


(7) All such decisions to approve or reject the proposal shall bereported to the Academic Council of the Autonomous College:

Provided that the Academic Council of the Autonomous College may, ifit differs with the decision, address the Chancellor for a review of the same.

(8) The Governing Council of an Autonomous College may appeal to theAutonomy Approval Committee against any order of rejection and the decisionthereon of the Autonomy Approval Committee shall be final:

Provided that where the Autonomy Approval Committee deems it fit, itmay appoint a panel of experts to advise the Autonomy Approval Committee inarriving at a decision on the appeal so preferred.

(9) The Syndicate of the University shall have powers to inspect toverify whether a college that has been granted autonomy by the UniversityGrants Commission violates the conditions specified for the grant of suchautonomy.

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Provided further that such enquiry shall extend only to complaints orinformation in writing regarding the violation of the conditions of autonomy,poor academic and administrative practices that lower quality of higher educationor unethical practices in the matter of admissions, levying fees and conduct ofexaminations, adopted by the college for which autonomous status was granted.


(12) The Syndicate shall, after consideration of the report of the saidCommittee recommend to the Autonomy Approval Committee through theVice-Chancellor, the suspension or revocation of the autonomy granted to it.

(13) If any complaint or information in writing is received in Governmentwith respect to an Autonomous College, the Government may, after dueconsideration of the content of the complaint and the importance of the same,refer it to the Autonomy Approval Committee:

Provided that such reference shall extend only to complaints orinformation received in writing, with respect to violation of the conditions ofautonomy, poor academic and administrative practices that lower quality ofhigher education or unethical practices in the matter of admissions, levying feesand conduct of examinations, adopted by the college for which autonomousstatus has been granted.


Provided that the Autonomy Approval Committee may conduct anenquiry for which it can constitute a committee either from among itself or fromamong the field of experts as it deems fit.

(15) The Committee constituted under sub-section (14) shall have powersto inspect the facilities in the college and to verify records of the collegerelevant to the purpose of such enquiry.

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(16) All Autonomous Colleges shall furnish records and provide informationsought by the Committee for the purpose of such enquiry:


(17) Each Autonomous College shall submit a Manual of Examinations tothe University within six months before the date of the first set of examinationsthat it proposes to conduct in the college and the University shall offer itsremarks on the Manual within sixty working days of such submission. Theremarks of the University shall be offered with the object of improving thesafeguards in the conduct of the examinations and for ensuring the integrity ofthe examinations conducted by an Autonomous College. The AutonomousCollege shall, as far as possible, incorporate all the necessary modificationsconsistent with the remarks of the University, in the Manual and where it isunable to do so, shall intimate the University in writing the reasons for itsinability to do so.

74Q. Power of University to amend Statutes, Ordinances, Regulationsetc.—(1) The University shall have power to amend its Statutes, Ordinances,Regulations, bye-laws and rules to give effect to the provisions of this Chapter:

Provided that the grant of autonomy to colleges eligible under theprovisions of this Chapter and the Statutes, Ordinances and Regulations madethereunder shall not be withheld on account of the pendency of suchamendments.

(2) In order to avoid difficulties in the case of an Autonomous Collegeor college applying for the grant of autonomy, the Government shall have powerto make rules for the removal of such difficulties that may arise in theimplementation of the provisions of this Chapter in addition to the other powersof the Government to make rules under any other Chapter of this Act and suchrules shall be binding on the University and the Autonomous College or collegeapplying for autonomy.

(3) Notwithstanding anything contained in this Act, the AcademicCouncil of an Autonomous College and the Governing Council may makeRegulations for the purposes mentioned in this Chapter with the approval of theUniversity:

Provided that the procedure for making Regulations, prescribed insection 42 shall not be applicable for making such Regulations.

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74R. Communications with Autonomous Colleges.—All correspondencebetween the Academic Council or Board of Studies of the University or theAutonomy Approval Committee with an Autonomous College or a collegeapplying for autonomy under this Chapter shall be made with the Principal ofsuch College.

74S. Vacancies in the Committees, Councils or Boards under this Chapternot to invalidate any action.—No decision of the Autonomy ApprovalCommittee or of any Academic Council of an Autonomous College, Board ofStudies of an Autonomous College or the Governing Council under this Chaptershall be rendered invalid on account of a vacancy in such Committee, Councilsor Board not having been filled up.

6. Repeal and saving.—(1) The University Laws (Third Amendment)Ordinance, 2014 (4 of 2014) is hereby repealed.

(2) Notwithstanding such repeal, anything done or deemed to have beendone or any action taken or deemed to have been taken under the KeralaUniversity Act, 1974, the Calicut University Act, 1975, the Mahatma GandhiUniversity Act, 1985 and the Kannur University Act, 1996 as amended by thesaid Ordinance shall be deemed to have been done or taken under the said Actsrespectively, as amended by this Act.

STATEMENT OF OBJECTS AND REASONS

As part of an effort to seek fresh strategies for innovation andexperimentation in the entire range of higher education activities at theinstitutional level, the University Grants Commission in the year 2007 hadevolved a set of guidelines for Autonomous Colleges and encouraged Statesand Universities to give autonomy to at least ten per cent (10%) of its collegesduring the XIth plan period. Among other things, the guidelines provides thatthe University Grants Commission would invite proposals from eligible collegesseeking autonomous status once in an academic year in September-October. Anannouncement was made in the Budget Speech for 2013-2014 that theGovernment would promote those Arts and Science Colleges which haveachieved high standards in imparting quality education to get autonomy from theUniversity Grants Commission.

2. The Kerala State Higher Education Council had appointed a Committeeheaded by Prof. N. R. Madhava Menon, eminent legal educator and the founderDirector of the National Law School of India University, Bangalore to study andsubmit a report on various aspects in granting autonomous status to the collegesin the State. As per G.O. (Ms.) No.130/2013/H.Edn. dated l0th May, 2013,

72

the Government have, based on the recommendation of Prof. N. R. MadhavaMenon Committee on Autonomy, approved in principle the proposal to grantautonomy to Government and Aided colleges in the State. The Government havedecided that only academic autonomy shall be conferred and the eligibleGovernment and aided colleges would be selected for being granted autonomy inthe year 2014-2015 itself, so that the selected colleges can apply for autonomyto the University Grants Commission and the academic courses in colleges thatare granted autonomy can commence in the academic year 2014-2015. As perG.O. (Ms.) No. 618/2013/H.Edn. dated 13th September, 2013, the Government haddecided to invite applications from eligible Government and Aided collegesseeking autonomous status for submission to the Autonomy ApprovalCommittee constituted under G.O. (Ms.) No. 130/2013/H.Edn. dated l0th May,2013 and also decided to initiate steps for making amendments in the KeralaUniversity Act, 1974, the Calicut University Act, 1975, the Mahatma GandhiUniversity Act, 1985 and the Kannur University Act, 1996 for introduction of anew Chapter on Autonomous Colleges.

3. As the Legislative Assembly of the State of Kerala was not in sessionand the above proposals had to be given effect to immediately, the UniversityLaws (Third Amendment) Ordinance, 2013 was promulgated by the Governor ofKerala on the 30th day of November, 2013 and the same was published asOrdinance No. 56 of 2013 in the Kerala Gazette Extraordinary No. 3355 datedthe 30th November, 2013.

4. A Bill to replace the said Ordinance by an Act of the State Legislaturecould not be introduced in, and passed by, the Kerala Legislative Assemblyduring its session which commenced on the 3rd day of January, 2014 and endedon the 6th day of February, 2014.

5. As the provisions of the said Ordinance had to be kept alive and theState Legislative Assembly was not in session, the University Laws (ThirdAmendment) Ordinance, 2014 was promulgated by the Governor of Kerala on the10th day of February, 2014 and the same was published as Ordinance No. 4 of2014 in the Kerala Gazette Extraordinary No. 464 dated 11th day of February,2014.

6. The Bill seeks to replace Ordinance No. 4 of 2014 by an Act of the StateLegislature.

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FINANCIAL MEMORANDUM

Clauses 2(c), 3(c), 4(c) and 5(c) of the Bill provides to insert separateChapter in the Kerala University Act, 1974, the Calicut University Act, 1975, theMahatma Gandhi University Act, 1985 and the Kannur University Act, 1996respectively. The new sections proposed to be inserted in the said Chapters asclause (d) of sub-section (2) of section 69E, clause (d) of sub-section (2) ofsection 69F, clause (d) of sub-section (2) of section 107 and clause (d) ofsub-section (2) of section 74 of the said Acts respectively provide that theAcademic Council of an Autonomous College shall nominate not less than fourmembers from outside the college. Therefore, in the case of Government andAided colleges there will be expenditure from the Consolidated Fund of theState.

2. Clause (ix) of section 69B, clause (ix) of section 68C, clause (ix) ofsection 104, clause (ix) of section 74B, proposed to be inserted in the said Acts,respectively, provides for inspection of the colleges which applies for autonomy.

3. Clause (c) of sub-section (2) of section 69G, clause (c) of sub-section (2)of section 68H, clause (c) of sub-section (2) of section 109 and clause (c) ofsub-section (2) of section 74G, proposed to be inserted in the said Acts,respectively, provides for nomination of two experts in the Board of Studies ofan Autonomous College.

4. The above provisions of the Bill proposed to be inserted in the saidActs involve expenditure from the Consolidated Fund of the State. There may bevariations in the amounts to be spent for the said purposes depending upon theinspection of colleges and nomination of expert members to the bodiesconcerned of the Autonomous Colleges. Therefore, the exact expenditure thatmay be incurred for the said purposes cannot be estimated accurately at thisstage.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Sub-section (6) of section 69A of Chapter VIIIB proposed to be inserted inthe Kerala University Act, 1974 (17 of 1974) by sub-clause (c) of clause 2 of theBill, sub-section (6) of section 68B of Chapter VIIIB proposed to be inserted inthe Calicut University Act, 1975 (5 of 1975) by sub-clause (c) of clause 3 of theBill, sub-section (6) of section 103 of Chapter IX proposed to be inserted in theMahatma Gandhi University Act, 1985 (12 of 1985) by sub-clause (c) of clause 4of the Bill and sub-section (6) of section 74A of Chapter VIIIA proposed to beinserted in the Kannur University Act, 1996 (22 of 1996) by sub-clause (c) ofclause 5 of the Bill, seek to empower the Government to delegate, by notification

74

in the Gazette, any or all of the powers and functions of the Autonomy ApprovalCommittee to the Universities concerned to be exercised by the Senate,Syndicate or Academic Council, as the case may be, or to the Kerala StateHigher Education Council and also to withdraw such delegation granted.

2. Clauses (ii) and (iii) of section 69F of Chapter VIIIB proposed to beinserted in the Kerala University Act, 1974 (17 of 1974) by sub-clause (c) ofclause 2 of the Bill, clauses (ii) and (iii) of section 68G of Chapter VIIIBproposed to be inserted in the Calicut University Act, 1975 (5 of 1975) bysub-clause (c) of clause 3 of the Bill, clauses (ii) and (iii) of section 108 ofChapter IX proposed to be inserted in the Mahatma Gandhi University Act, 1985(12 of 1985) by sub-clause (c) of clause 4 of the Bill and clauses (ii) and (iii) ofsection 74F of Chapter VIIIA proposed to be inserted in the Kannur UniversityAct, 1996 (22 of 1996) by sub-clause (c) of clause 5 of the Bill seek to empowerthe Academic Council of an Autonomous College to make regulations regardingthe admission of students and for the conduct of examinations and initiatemeasures for improving quality of teaching, student evaluation etc.

3. Clause (vii) of section 69L of Chapter VIIIB proposed to be inserted inthe Kerala University Act, 1974 (17 of 1974) by sub-clause (c) of clause 2 of theBill, clause (vii) of section 68M of Chapter VIIIB proposed to be inserted in theCalicut University Act, 1975 (5 of 1975) by sub-clause (c) of clause 3 of the Bill,clause (vii) of section 112 of Chapter IX proposed to be inserted in theMahatma Gandhi University Act, 1985 (12 of 1985) by sub-clause (c) of clause 4of the Bill and clause (vii) section 74L of Chapter VIIIA proposed to be insertedin the Kannur University Act, 1996 (22 of 1996) by sub-clause (c) of clause 5 ofthe Bill seek to empower the Governing Council to make regulations for sports,extra curricular activities, proper maintenance and functioning of theplay grounds and hostels.

4. Sub-section (1) of section 69Q of Chapter VIIIB proposed to be insertedin the Kerala University Act, 1974 (17 of 1974) by sub-clause (c) of clause 2 ofthe Bill, sub-section (1) of section 68R of Chapter VIIIB proposed to be insertedin the Calicut University Act, 1975 (5 of 1975) by sub-clause (c) of clause 3 ofthe Bill, sub-section (1) of section 119 of Chapter IX proposed to be inserted inthe Mahatma Gandhi University Act, 1985 (12 of 1985) by sub-clause (c) ofclause 4 of the Bill and sub-section (1) of section 74Q of Chapter VIIIAproposed to be inserted in the Kannur University Act, 1996 (22 of 1996) bysub-clause (c) of clause 5 of the Bill, seek to empower the Universities concernedto amend its Statutes, Ordinances, Regulations, Bye-laws and Rules to giveeffect to the provisions in the Chapters mentioned above.

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5. Sub-section (2) of section 69Q of Chapter VIII B proposed to beinserted in the Kerala University Act, 1974 (17 of 1974) by sub-clause (c) ofclause 2 of the Bill, sub-section (2) of section 68R of Chapter VIIIB proposed tobe inserted in the Calicut University Act, 1975 (5 of 1975) by sub-clause (c) ofclause 3 of the Bill, sub-section (2) of section 119 of Chapter IX proposed to beinserted in the Mahatma Gandhi University Act, 1985 (12 of 1985) by sub-clause (c)of clause 4 of the Bill and sub-section (2) of section 74Q of Chapter VIIIAproposed to be inserted in the Kannur University Act, 1996 (22 of 1996) bysub-clause (c) of clause 5 of the Bill, seek to empower the Government to makerules for the removal of such difficulties that may arise in the implementation ofthe provisions in the Chapters mentioned above in addition to the other powersof the Government to make rules under any other Chapter of the Acts concerned.

6. Sub-section (3) of section 69Q of Chapter VIIIB proposed to be insertedin the Kerala University Act, 1974 (17 of 1974) by sub-clause (c) of clause 2 ofthe Bill, sub-section (3) of section 68R of Chapter VIIIB proposed to be insertedin the Calicut University Act, 1975 (5 of 1975) by sub-clause (c) of clause 3 ofthe Bill, sub-section (3) of section 119 of Chapter IX proposed to be inserted inthe Mahatma Gandhi University Act, 1985 (12 of 1985) by sub-clause (c) ofclause 4 of the Bill and sub-section (3) of section 74Q of Chapter VIIIAproposed to be inserted in the Kannur University Act, 1996 (22 of 1996) bysub-clause (c) of clause 5 of the Bill, seek to empower the Academic Council andGoverning Council of an Autonomous College to make regulations for thepurposes mentioned in the said Chapters with the approval of the University.

7. The matters in respect of which Rules, Statutes, Ordinances orRegulations may be made or notifications that may be issued, are matters ofprocedure and are of routine or administrative in nature. Moreover, the Rules,Statutes, Ordinances and Regulations are subject to scrutiny by the LegislativeAssembly. The delegation of legislative power is, therefore, of a normalcharacter.

P. K. ABDU RABB.

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EXTRACT OF THE RELEVANT PORTIONS FROMTHE KERALA UNIVERSITY ACT, 1974

(17 OF 1974)

** ** **

2. Definitions.—In this Act, unless the context otherwise requires,—

(1) “Academic Council” means the Academic Council of the University ;

(2) ** ** **

** ** **

(4) “Appellate Tribunal” means the Appellate Tribunal constitutedunder sub-section (1) of section 65.

(5) “Board of Studies” means a Board of Studies of the University ;

** ** **

(10) “faculty” means a faculty of the University.

** ** **

(23) “Statutes”, “Ordinances”, “Regulations”, “bye-laws” and “rules”means respectively the “Statutes”, “Ordinances”, “Regulations”, “bye-laws” and“rules” of the University ;

** ** **

(31) “University Fund” means the Kerala University Fund establishedunder sub-section (1) of section 45 ;

** ** **

** ** **

5. Powers of the University.— ** **

** ** **

(ia) to confer academic autonomy to an affiliated college/departmentof an affiliated college or university department.

** ** **

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CHAPTER VIII A

UNAIDED COLLEGES

69. Special provisions in respect of unaided colleges.— ** **

** ** **

** ** **

(iii) the Director of Collegiate Education. * * **

** ** **

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EXTRACT OF THE RELEVANT PORTIONS FROMTHE CALICUT UNIVERSITY ACT, 1975

(5 OF 1975)

** ** **



(2) ** ** **

** ** **



** ** **


** ** **

(23) “Statutes”, “Ordinances”, “Regulations”, “bye-laws” and “rules”means respectively the “Statutes”, “Ordinances”, “Regulations”, “bye-laws” and“rules” of the University;

** ** **

(31) “University Fund” means the Calicut University Fund establishedunder sub-section (1) of section 45 ;

** ** **

** ** **


** ** **

(ia) to confer academic autonomy to an affiliated college, departmentof an affiliated college or university department.

** ** **

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CHAPTER VIII A

UNAIDED COLLEGES

68A. Special provisions in respect of unaided colleges.— ** **

** ** **

** ** **

(iii) the Director of Collegiate Education. * * **

** ** **

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EXTRACT OF THE RELEVANT PORTIONS FROMTHE MAHATMA GANDHI UNIVERSITY ACT, 1985

(12 OF 1985)

** ** **



(2) ** ** **

** ** **



** ** **


** ** **

(25) “Statutes”, “Ordinances”, “Regulations”, “bye-laws”, and “rules”means respectively the “Statutes”, “Ordinances”, “Regulations”, “bye-laws” and“rules” of the University ;

** ** **

(33) “University Fund” means the Mahatma Gandhi University Fundestablished under sub-section (1) of section 46 ;

** ** **

** ** **


** ** **

(ia) to confer academic autonomy to an affiliated college/departmentof an affiliated college or university department.

** ** **650/2014

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CHAPTER VIII

PRIVATE COLLEGES AND AFFILIATION OF COLLEGES

53. Definitions.—In this Chapter,—

** ** **

** ** **

** ** **

102. Repeal and saving.—(1) ** **

(2) Notwithstanding such repeal, anything done or deemed to have beendone or any action taken or deemed to have been taken under the saidOrdinance shall be deemed to have been done or taken under this Act.

** ** **

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EXTRACT OF THE RELEVANT PORTIONS FROMTHE KANNUR UNIVERSITY ACT, 1996

(22 OF 1996)

** ** **


(i) “Academic Council” means the Academic Council of theUniversity ;

(ii) ** ** **

** ** **

(iv) “Appellate Tribunal” means the Appellate Tribunal constitutedunder sub-section (1) of section 72.

(v) “Board of Studies” means a Board of Studies of the University ;

** ** **

(x) “faculty” means a faculty of the University.

** ** **

(xxiv) “Statutes”, “Ordinances”, “Regulations”, “bye-laws” and “rules”means respectively the “Statutes”, “Ordinances”, “Regulations”, “bye-laws” and“rules” of the University ;

** ** **

(xxxii) “University Fund” means the Kannur University Fundestablished under sub-section (1) of section 48 ;

** ** **

** ** **


** ** **

(ia) to confer academic autonomy to an affiliated college, departmentof an affiliated college or university department.

** ** **

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CHAPTER VIII

PRIVATE COLLEGES AND AFFILIATION OF COLLEGES

56. Definitions.—In this Chapter,—

** ** **

** ** **

** ** **

74. Colleges not complying with provisions of this Act etc.—(1) ** **

** ** **

** ** **

(2) ** ** **

** ** **

Provided that, before making any such order, the educational agency andthe governing body or managing council, as the case may be, shall be given anopportunity of being heard.

** ** **

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