THE SREE SANKARACHARYA UNIVERSITY OF SANSKRIT ACT, 1994 [1]

(ACT 5 OF 1994)

An Act to establish and incorporate a University of Kalady in Alwa taluk in Ernakulam District by the name Sree Sankaracharya University of Sanskrit.

Preamble.─WHEREAS, it is considered necessary to establish and incorporate a University in the name of the illustrious Indian Philosopher and Saint Jagadguru Sree Adi Sankaracharya in his place of birth for the promotion and development of the study of the Sanskrit, Indology, Indian Philosophy and Indian languages.

BE it enacted in the Forty-fifth year of the Republic of India as follows: ─

CHAPTER I

PRELIMINARY

1. Short title and commencement.─(1) This Act may be called the Sree Sankaracharya University of Sanskrit Act, 1994.

(2). It shall be deemed to have come into force on the 25th day of November, 1993.

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

(a) "Academic Council" means the Academic Council of the University constituted under section 16;

(b) "Academic department" means a department of studies functioning under a head of department, which forms a faculty, or a constituent unit of a faculty, of the University;

(c) "authority" means any authority of the University specified in section 11;

(d) "Board of Studies" means a Board of Studies of the University;

(e) "Chancellor" means the Chancellor of the University;

(f) "Chief Counsellor" means the Chief Counsellor of the University referred to in section 10;

(g) "Dean" means the head of a faculty of the University;

(h) "employee" means any person in the wholetime employment of the University and includes teachers and other staff of the University;

(i) "faculty" means a faculty of the University consisting of one or more Academic departments;

(j) "Government" means the Government of Kerala;

(k) "Officer" means an officer of the University specified in section 23 or any person designated as an officer by the Statutes;

(l) "prescribed" means prescribed by this Act or by the Statutes, Ordinances or Regulations made thereunder;

(m) "Principal Dean of Studies" means the Principal Dean of Studies of the university;

(n) "Pro-Chancellor" means the Pro-Chancellor of the University;

{(na) "recognised institution" means the Kerala Kalamandalam at Cheruthuruthy in Thrissur District, a society registered under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 (12 of 1955);} [2]

(o) "Registrar" means the Registrar of the University;

(p) "State" means the State of Kerala;

(q) "Statutes", "Ordinances" and "Regulations" means respectively the Statutes, the Ordinances and the Regulations of the University;

(r) "student" means a person duly admitted as a full-time or a part-time student in any of the Academic departments or the institutions of the University in accordance with the Regulations to undergo a course of study or research, leading to a degree, diploma or certificate of the University;

(s) "Syndicate" means the Syndicate of the University;

(t) "teacher" means a Professor, Reader or such other person appointed or recognised by the University for the purpose of imparting instruction or conducting and guiding research in the University and includes any other person who may be declared by the Statues to be a teacher;

(u) "University" means the Sree Sankaracharya University of Sanskrit established and incorporated under this Act;

(v) "University Grants Commission" means the University Grants Commission established under the University Grants Commission Act, 1956 (Central Act 3 of 1956);

(w) "Vice-Chancellor" means the Vice-Chancellor of the University.

CHAPTER II

THE UNIVERSITY

3. The University.─ (1) The Chancellor, the Pro-Chancellor, the Vice-Chancellor, the Principal Dean of Studies and the members of the Syndicate and Academic Council, for the time being, shall constitute a body corporate by the name of "Sree Sankaracharya University of Sanskrit".

(2) The University shall have perpetual succession and a common seal, and shall sue and be sued by the said name.

(3) The head quarters of the University shall be at Kalady, the birth place of Sree Adi Sankaracharya, in Ernakulam District.

4. Territorial jurisdiction.─(1) The territorial jurisdiction of the University shall extend to the whole of Kerala.

(2) The University may assume responsibility for the establishment and development of appropriate institutions for the study of Sanskrit, Indology, Indian philosophy and Indian Languages in different parts of the State.

5. Objects of the University.─The following shall be the objects of the University, namely:─

(a) imparting intensive, extensive and higher education in various branches of Sanskrit learning as well as in Indology, Indian Philosophy and Indian Languages;

(b) providing facilities for the advanced study of various Indian Languages laying emphasis on their longstanding association and relationship with Sanskrit and their inter-relationship with each other;

(c) promoting research in Sanskrit, Indology, Indian Philosophy and Indian languages;

(d) taking measures for the preservation of our cultural heritage enshrined in Sanskrit language and in our ancient art and literature;

(e) publication of books in Sanskrit, as well as books written in other languages dealing with Sanskrit classics, Sanskrit authors and relating to Sanskrit Language and literature in general;

(f) taking measures to collect, preserve and publish ancient manuscripts;

(g) providing facilities to promote and encourage Fine Arts such as Music, Drama and Painting according to the Indian traditions;

(h) making provision for imparting education in other subjects-including foreign languages and literature, arts, humanities and social sciences-along with Sanskrit for the purpose of offering fully rounded and composite courses of study which are useful and attractive to the young generations;

(i) providing facilities for the study and research in the cultural diversities of Kerala;

(j) establishing for the use of Sanskrit Scholars and the students a computerised data base of published works and on going research work in and on Sanskrit language and literature, Indology and Indian Philosophy from all over the world;

(k) making provision to get translated Vedas, Puranas and Upanishat into Malayalam Language.

6. Admission to the University. ─ (1) The University shall, subject to the provisions of this Act, and Statutes, be open to all persons:

Provided that nothing in this section shall be deemed to require the University to admit to any course of study any person who does not meet the prescribed academic standards for admission or to retain on the rolls of the University any person whose academic records are below the minimum standards required for the award of a degree or diploma or certificate, or whose personal conduct is found to be prejudicial to the rights and privileges of other students and staff, or to admit to any course of study a larger number of students than that can be normally accommodated by the University on the basis of principles enunciated by the Academic Council.

(2) Subject to the provisions of sub-section (1), the Government may direct that the University shall reserve seats in specific courses offered by the University for Scheduled Castes, Scheduled Tribes and members of socially and educationally backward classes as well as candidates from other States and Union Territories of Indian and from outside India:

Provided that no such person shall be entitled to be admitted to the University unless he or she meets the minimum standards laid down by the University for admission with the usual relaxation available to the Scheduled Caste and Scheduled Tribe candidates.

7. Powers and functions of the University:─ The University shall have the following powers and functions, namely:─

(i) to provide for instruction in Sanskrit, Indology, Indian Philosophy and Indian languages as well as in such other appropriate allied subjects as the University may deem fit;

(ii) to make provision for research in Sanskrit, Indology, Indian Philosophy and Indian languages;

(iii) to provide for instruction and research in traditional Fine Arts of India;

(iv) to institute courses of study and to hold examinations or persons who have undergone such courses of study;

{(iv a) to prescribe degree courses in fine arts such as music, drama and painting according to the Indian traditions, to be conducted in the recognised institution and to hold examinations of persons who have undergone such courses of study;}[3]

(v) to institute degrees, diplomas, titles, certificates and other academic distinctions;

(vi) to confer degrees, diplomas, titles, certificates and other academic distinctions on persons who shall have─

(a) pursued a prescribed course of study in any academic department or institution under the University and passed the prescribed examinations ; or

(b) carried out such research as has been prescribed by the University;

{(via) to confer degrees on persons who shall have pursued a prescribed course of study in the recognised institution and passed the examinations;} [4]

(vii) to confer such honorary degrees or other distinctions as may be prescribed by the Statutes on persons who have made notable contributions to Sanskrit literature. Sanskrit education, Indology, Indian Philosophy, Indian languages, fine arts, humanities or social sciences of cultural contact between India and foreign countries;

(viii) to withdraw or cancel degrees, diplomas, titles, certificates or other academic distinctions conferred by the University for good and sufficient cause as may be prescribed by the Statutes;

(ix) to organise conferences, debates, discussions, seminars, symposia, workshops and other such programmes in furtherance of the objects of the University;

(x) to conduct competition in different branches of Sanskrit studies and the teachings of Sree Adi Sankara and award prizes and certificates to winners;

(xi) to co-operate or collaborate or associate with other Universities, academic organisations and institutions of higher learning in such manner and for such purposes, as the University may deem fit so as to promote the objects of the University;

(xii) to establish and maintain academic institutions under the management of the University, to promote education in Sanskrit, Indology, Indian Philosophy and Indian languages;

(xiii) to make provisions for the residence and other educational facilities for girl students;

(xiv) to maintain archives, libraries, information centers, data bank, museums and such other institutions which are useful for the furtherance of the objects of the University;

(xv) to collect, conserve and publish ancient manuscripts and to conserve materials of archaeological values and importance;

(xvi) to acquire to take by purchase, grant, testamentary disposition or otherwise, and to hold, manage or control any property movable or immovable and to grant, demise, alienate or otherwise dispose of any such property, for the purposes of the University;

(xvii) to accept donations or grants or gifts, or to borrow money from the Central Government or any State Government or from any individual, association or body corporate with the prior approval of Government for the purposes of the University;

(xviii) to define the powers, duties and responsibilities of the authorities, officers and other employees of the University other than those prescribed in this Act;

(xix) to regulate and enforce discipline among the employees and students of the University and take such disciplinary measures in this regard as may be deemed by the University to be necessary;

(xx) to create posts for teaching, research and other allied academic activities with the prior approval of Government and to appoint persons to such posts;

{(xxa) to co-ordinate, supervise, regulate and control the conduct of teaching in the prescribed courses in the recognised institution;} [5]

{(xxb) to prescribe the qualifications of teachers for the prescribed courses in the recognised institution;} [6]

(xxi) to create administrative and other posts with the prior approval of Government and to appoint persons to such posts;

(xxii) to institute, hold and manage endowments and bursaries for the promotion of Sanskrit and to give financial and other assistance to deserving institutions or individuals engaged in the dissemination of Sanskrit learning and to institute and award fellowships, scholarships and prizes in accordance with the Statutes for the promotion and propagation of Sanskrit;

(xxiii) to publish books, periodicals, pamphlets and monographs in furtherance of the objects of the University;

(xxiv) to give financial and other assistance to institutions or individuals for the publication of books which are conducive to the furtherance of the objects of the University;

(xxv) to establish and maintain residential accommodation for the students and employees of the University;

(xxvi) to supervise and control the residence, conduct and discipline of the students of the University and to make arrangements for promoting their health, recreation and welfare;

(xxvii) to fix, demand and receive such fees and other charges as may be prescribed by the Statutes;

(xxviii) to appoint persons working in any other University or organisation or institution of higher learning as teachers of the University for a specified period;

(xxix) generally to do all such other acts and things, whether incidental to the powers and functions aforesaid or not, as may be necessary for the furtherance of the objects of the University.

CHAPTER III

THE CHANCELLOR, PRO-CHANCELLOR AND CHIEF COUNSELLOR

8. The Chancellor.─(1) The Governor of Kerala shall, by virtue of his office, be the Chancellor of the University.

(2) The Chancellor shall be the head of the University and if present, preside at the meetings of the Academic Council and at any convocation of the University.

(3) All authorities of the University shall be subordinate to the Chancellor.

(4) Every proposal to confer an honorary degree or other distinction shall be subject to confirmation by the Chancellor.

(5) The Chancellor shall exercise such other powers and perform such other functions as may be conferred on or entrusted to him by this Act or the Statutes.

(6) The Chancellor may, by order in writing, annual any proceedings or any of the authorities of the University which is not in conformity with this Act or the Statutes:

Provided that before making any such order the Chancellor shall call upon such authority to show cause why such an order should not be made and consider cause if any, shown by such authority within a reasonable time.<![endif]>

(7) The Chancellor shall have power to remove the Vice Chancellor from office by an order in writing on charges of mismanagement of funds or misconduct or for any other good and sufficient reasons:

Provided that such charges are proved by an enquiry conducted by a Judge of the High Court or Supreme Court:

Provided further that the Vice-Chancellor shall not be removed under this sub-section unless he has been given a reasonable opportunity of showing cause against action proposed to be taken against him.

9. The Pro-Chancellor.─(1) The Minister in charge of Higher Education in the State shall, by virtue of his office, be the Pro Chancellor of the University.

(2) In the absence of the Chancellor or during his inability to act, the Pro-Chancellor shall exercise all the powers and perform all the functions of the Chancellor.

(3) The Pro-Chancellor shall also exercise such other powers and perform such other functions of the Chancellor as the Chancellor may by order in writing delegate to the Pro-Chancellor and such delegation may be subject to such restrictions and conditions as may be specified in such order.

10. The Chief Counsellor.─ (1) An eminent Sanskrit Scholar having international reputation shall be nominated by the Government as the Chief Counsellor of the University.

(2) The Chief Counsellor shall be the honorary chief advisor of the University.

(3) The Chief Counsellor shall have the right to visit the University or any institution established or maintained by the University at any time after giving prior intimation to the Vice-Chancellor.

CHAPTER IV

AUTHORITIES OF THE UNIVERSITY

11. Authorities of the University.─ The following shall be the authorities of the University, namely:─

(i) the Syndicate;

(ii) the Academic Council;

(iii) the Faculties;

(iv) the Boards of Studies;

(v) the Finance Committee; and

(vi) such other bodies as may be specified by the Statutes to be authorities of the University.

12. The Syndicate.─ The Syndicate shall be the chief executive body of the University and shall consist of the following members, namely:─

Ex officio Members

(i) the Vice-Chancellor;

(ii) the secretary to Government in charge of the Higher Education Department;

(iii) the Principal Dean of Studies; and

(iv) the Deans of Faculties.

Elected Member

One member elected by the members of the Kerala Legislative Assembly from among themselves for a period of four years:

Provided that such member shall not hold office for a longer period than three months after he has ceased to be a member of the Legislative Assembly, unless in the meanwhile he again becomes a member of the Legislative Assembly.

Nominated Members

Four eminent scholars representing Sanskrit, Indology, Indian Philosophy and any of the Indian languages nominated for a period of four years by the Chancellor at a time:

Provided that no person shall be nominated for more than two terms in succession.

13. Constitution of Syndicate.─ The Syndicate shall be constituted by the Chancellor and shall be reconstituted every four years.

14. Powers and functions of the Syndicate.─ (1) Subject to the provisions of this Act and Statutes, the executive powers of the University shall be vested in the syndicate; and the Syndicate shall have the control, management and administration of the properties and funds of the University.

(2) Subject to the provisions of this Act and the Statutes, the Syndicate shall have the following powers, namely:─

(a) to make Statutes in accordance with the provisions of this Act and submit for the assent of the Chancellor;

(b) to propose Regulations for the consideration and approval of the Academic Council;

(c) to make Ordinances and to amend or repeal the same;

(d) to determine the degrees, diplomas, certificates and other academic distinctions to be granted by the University;

(e) to institute and to award fellowships, scholarships, medals and prizes;

(f) to establish, maintain and manage such institutions as are deemed necessary for the furtherance of the objects of the University;

(g) to create such faculties and academic departments as are necessary under the University from time to time;

(h) to create teaching and non-teaching posts in the University with the prior approval to the Government;<![endif]>

{(ha) to arrange for the inspection of the recognised institution;} [7]

(i) to exercise disciplinary powers over the teachers and other employees of the University;

(j) to appoint teachers and other employees of the University, to prescribe their duties and to fix their terms and conditions of services in accordance with the provisions of the statutes, to entertain, adjudicate upon and if thought fit, to redress any grievances of officers of the University, the teaching staff, other employees of the University and the students whom may for any reason feel aggrieved ;

(k) to prepare and approve the annual budget of the University;

(l) to review the annual accounts and the annual report of the University and to take such action thereon as it deems fit;

(m) to conduct examinations and to approve and publish the results thereof;

(n) to fix the fees, remuneration, the travelling allowance and other allowances to be paid to the examiners, paper-setters and other staff engaged in examination work;

(o) to accept on behalf of the University any bequest, donation or transfers of any movable or immovable property to the University;

(p) to provide buildings, premises, furniture, equipments and other requisites for carrying on the work of the University and to that end, enter into, vary, carry out and cancel contracts on behalf of the University;

(q) to direct the form, custody and use of the common seal of the University;

(r) to arrange for and direct the inspection of hostels and other institutions of the University;

(s) to fix and regulate the fee payable by the students;

(t) to exercise supervision and control over the residence and discipline of students;

(u) to withhold or cancel for sufficient reasons the result of any candidate at any examination or to withdraw or cancel for sufficient reasons, degrees, diplomas, titles, certificates and other academic distinctions granted by the University;

(v) to negotiate with other Universities for the recognition of the examinations of the University;

(w) to grant assistance to institutions or individuals for the publication of Sanskrit books or books relating to Sanskrit literature or Indian Philosophy or for the dissemination of Sanskrit learning;

(x) to exercise any of the powers of the University not specifically conferred on any of the authorities under this Act and the Statutes;

(y) to delegate any of its powers except the power to make Statutes and Ordinances, to the Vice-Chancellor either temporarily or permanently;

(z) to exercise such other powers and perform such other duties as are laid down in this Act, the Statutes and the Ordinances.

15. Meetings of the Syndicate.─(1) The Syndicate shall meet at least once in two months on dates to be fixed by the Vice-Chancellor.

(2) the quorum for a meeting of the Syndicate shall be seven.

(3) The Vice-Chancellor or, in his absence, the Principal Dean of Studies and, in the absence of both, any one of its members chosen from among themselves for the occasion by the members of the Syndicate present, shall preside over a meeting of the Syndicate.

(4) The Registrar shall attend the meetings of the Syndicate and prepare and maintain the minutes thereof.<![endif]>

16. The Academic Council.─ (1) The Academic Council shall be the principal academic body of the University in all academic matters.

(2) The Academic Council shall be constituted by the Chancellor and shall be reconstituted every three years.

(3) The Academic Council shall consist of the following members namely:─

Ex Officio Members

(i) the Vice-Chancellor;

(ii) the Secretary to Government, Higher Education Department or an officer not below the rank of an Additional Secretary to Government nominated by him;

(iii) the Secretary to Government, Finance Department or an officer not below the rank of an Additional Secretary to Government nominated by him;

(iv) the Director of Public Instruction;

(v) the Director of Collegiate Education;

(vi) the Principal Dean of Studies;

(vii) the Deans of Faculties;

(viii) the Heads of Academic Departments;

(ix) the Registrar;

(x) the Chairman of the University union; and

(xi) the members of the Syndicate who are not otherwise members of the Academic Council.

Elected Members

One teacher, other than a Dean or head of department, representing each faculty elected by the members of the faculty from among themselves for a period of three years.

Nominated Members

(i) One postgraduate student and one research student, both nominated by the Chancellor for a period of one year at a time;

(ii) Five eminent scholars in Sanskrit, Indology, Indian Philosophy and Indian languages nominated by the Chancellor for a period of three years at a time of whom one shall be a woman.

17. Powers, duties and functions of the Academic Council.─ (1) The Academic Council shall, subject to the provisions of this Act and the Statutes, guide and supervise all the academic activities of the University and shall be responsible for the maintenance of standards of instruction and examinations of the University.

(2) Subject to the provisions of this Act and the Statutes, the Academic Council shall have the following powers, duties and functions, namely:─

(a) to advice the Syndicate on all academic matters especially in respect of─

(i) the courses of studies in the University;

(ii) the degrees, diplomas, titles, certificates and other academic distinctions

to be granted by the University;

(iii) the qualifications of teachers in conformity with the recommendations of

the University Grants Commission;

(iv) The qualifications for, and the conditions of, the admission of students
 to various courses of studies;

(v) the Institution of scholarships, fellowships, medals and prizes;

(vi) the establishment, abolition or reorganisation of academic
 departments;

(vii) the scheme of examinations to be conducted by the University;

(b) to scrutinise all Statutes in respect of academic matters at the draft stage and, if necessary, to suggest modifications to them for the consideration of the Syndicate;

(c) to make, amend, modify or repeal Regulations;

(d) to exercise such other powers and perform such other functions as may be prescribed by the Statutes.

18. Meetings of the Academic Council.─ (1) The Academic Council shall meet at least once in six months on dates to be fixed by the Vice-Chancellor.

(2) One-fourth of the total number of members of the Academic Council shall constitute the quorum for a meeting.

(3) The Vice-Chancellor or, in his absence, the Principal Dean of studies or, in the absence of both, a member chosen by the members present from among themselves shall preside over a meeting of the Academic Council.

19. The Faculties.—(1) The University shall have the following faculties, namely:—

(i) Sanskrit literature;

(ii) Sanskrit grammar;

(iii) Indian Metaphysics;

(iv) Indian Logic;

(v) Other Sanskrit Studies;

(vi) Indology;

(vii) Indian languages;

(viii) Foreign languages; and

(ix) Arts and Social Sciences:

Provided that it shall not be necessary to have all the faculties at the incorporation of the University.

(2) The University may, as and when necessary, constitute such other

faculties as may be prescribed by the Statutes.

(3) Every faculty shall consist of one or more Academic departments.

(4) The Academic departments shall constitute the basic units of the academic studies of the University headed by a Professor or, in the absence of a Professor, by a Reader of that department or, in the absence of both, the senior most teacher of that department.

(5) The head of an Academic department shall be responsible to the Dean of the faculty to which the department belongs for the proper organization and working of the department and shall exercise immediate supervisory and disciplinary control over the teaching and non-teaching staff of the department.

(6) The Dean of the faculty shall be responsible for the due observance of the Statutes, the Ordinances and the Regulations relating to the faculty and for the organization and conduct of the teaching and research work of the Academic departments which constitute the faculty.

(7) The term of the faculty, its constitution and composition shall be as prescribed by the Statutes.

(8) Subject to the provisions of this Act, each faculty shall exercise such powers and perform such duties as may be prescribed by the Statutes.

20. Boards of Studies. — (1) There shall be a Board of Studies for each Academic department of the University having a teaching course.

(2) The Dean of the concerned faculty shall be the ex officio Chairman of each Board of Studies.

(3) The members of the Boards of studies shall be nominated by the Vice-Chancellor on the recommendation of the Principal Dean of Studies.

(4) The constitution, term of office and the powers and functions of the Boards of Studies shall be such as may be prescribed by the Statutes.

21. Finance Committee.—(1) There shall be a Finance Committee of the University consisting of the following members, namely:—

(i) the Vice-Chancellor;

(ii) the Secretary to Government, Finance Department or an officer not below the rank of Joint Secretary nominated by him;

(iii) the Secretary to Government, Higher Education Department or an officer not below the rank of Joint Secretary nominated by him;

(iv) the Principal Dean of Studies; and

(v) the Registrar.

(2) The Finance Committee shall have the following powers, namely:—

(a) to review the financial position of the University, from time to time, and to make recommendations to the Syndicate on all matters relating to the finance of the University;

(b) to examine the annual budget estimates of the University and to advise the Syndicate thereon;

(c ) to make recommendations to the Syndicate on all proposals which involve expenditure not contemplated in the budget or in excess of the provision of the budget;

(d) to exercise such other powers as may be prescribed by the Statutes.

22. Provisions relating to membership in authorities.—(1) Save as otherwise provided in this Act any casual vacancy among the members other than the ex officio members of any authority or other body of the University shall be filled, as soon as may be convenient, by the person or body who or which nominated or elected the member whose place has become vacant, and the person so nominated or elected to a casual vacancy shall be a member of such authority or body for the remaining period for which the person in whose place he is nominated or elected would have been a member.

(2) The Syndicate may remove any person from membership of any authority or body of the University on the ground that such person has been convicted of an offence involving moral turpitude and any such person shall be intelligible for membership in any of the authorities in future:

Provided that no order for removal shall be passed against any person without giving him an opportunity of being heard.

(3) If any question arises as to whether any person has been duly nominated or elected as, or is entitled to be, a member of any authority of the University, the question shall be referred to the Chancellor who, after giving a reasonable opportunity of being heard shall decide the case, and that decision shall be final:

Provided that no such decision shall be taken without giving an opportunity of being heard to the person likely to be affected by the decision.

CHAPTER V

OFFICERS

23. Officers of the University.—The following shall be the officers of the University, namely:— <![endif]>

(i) The Vice-Chancellor;

(ii) The Principal Dean of Studies;

(iii) The Registrar;

(iv) The Deans of Faculties;

(v) Such other officers in the service of the University as may be declared by the Statutes to be officers of the University.

24. The Vice-Chancellor.—(1) The Vice-Chancellor shall be a whole time salaried officer of the University.

(2) The Vice-Chancellor shall not have completed sixty-five years of age at the time of his appointment.

(3) (a) The Vice-Chancellor shall be appointed by the Chancellor on the recommendation of a selection committee (hereinafter called the committee) appointed by the Chancellor consisting of a nominee of the Government, a representative of the University Grants Commission and a nominee of the Syndicate. The Chancellor shall appoint one of the members of the committee to be its Convener;

(b) If the committee unanimously recommends the name of a person, the Chancellor shall, subject to the provisions of sub-section (2), accept the recommendation and appoint him to be the Vice-Chancellor;

(c ) If the committee is not able to recommend the name of a person unanimously, the committee may unanimously recommend a panel of three names of eligible persons to the Chancellor and the Chancellor shall subject to the provisions of sub-section (2), appoint one among them to be the Vice-Chancellor;

(d) If the committee is not able to recommend the name of a person or a panel of three names unanimously, each member of the committee may recommend the name of one eligible person and the Chancellor shall subject to sub-section (2) appoint one among them to be the Vice-Chancellor;

(e) If the committee or the members of the committee individually fails to make its or his recommendation within sixty days of its appointment the committee shall cease to exist and the Chancellor shall appoint a suitable person to be the Vice-Chancellor on the advice of the Government.

(4) The Vice-Chancellor shall hold office for a term of four years from the date on which he enters upon office.

(5) (a) Notwithstanding anything contained in sub-sections (1) to (4), the Chancellor may, on the advice of the Government, appoint a suitable person who has not completed sixty-two years of age as the first Vice-Chancellor on a part-time or whole-time basis for a period not exceeding thirty months.

(b) The first Vice-Chancellor shall exercise the powers and perform the duties and functions of all the authorities of the University also until they are duly constituted within two years from the date of his appointment.

(6) In the event of a temporary vacancy occurring in the office of the Vice-Chancellor, or when the Vice-Chancellor is temporarily absent, the Principal Dean of Studies shall exercise the powers and perform the duties of the Vice-Chancellor or perform the routine duties of the Vice-Chancellor, as the case may be.

(7) The remuneration and other terms and conditions of service of the Vice-Chancellor shall be such as may be prescribed by the Statutes and shall not be varied to his disadvantage after his appointment.

25. Registration of the Vice-Chancellor.—(1) The Vice-Chancellor may in writing under his hand and addressed to the Chancellor, resign his office.

(2) The resignation of the Vice-Chancellor shall be delivered to the chancellor ordinarily at least thirty days prior to the date on which the Vice-Chancellor wishes to be relieved of his office but the Chancellor may relieve him earlier.

(3) The resignation of the Vice-Chancellor shall take effect from the date of his relief.

(4) In the event of a permanent vacancy in the office of the Vice-Chancellor the Chancellor shall initiate action for the appointment of the Vice-Chancellor within one month of the occurrence of the vacancy.

26. Powers and duties of the Vice-Chancellor.—(1) The Vice-Chancellor shall be the principal executive and academic officer of the University and the ex officio Chairman of the Syndicate, the Academic Council and the Finance Committee and shall, in the absence of the Chancellor and the Pro-Chancellor, preside at the convocation of the University and confer degrees on persons entitled to receive them.

(2) The Vice-Chancellor shall exercise general control over the affairs of the University and shall be responsible for the due maintenance of discipline in the University.

(3) The meetings of the Syndicate and the Academic Council shall be convened by the Registrar as directed by the Vice-Chancellor.

(4) The Vice-Chancellor shall ensure the due observance of the provisions of this Act, the Statutes, the Ordinances and the Regulations and may exercise such powers as may be necessary for this purpose.

(5) The Vice-Chancellor shall be responsible for the proper administration of the University and for the proper and regular performance of the academic work of the University.

(6) The Vice-Chancellor shall, subject to the provisions of this Act and the Statutes, appoint the teachers and other employees of the University and shall assign their duties and functions and shall exercise general supervision and control over them.

(7) If at any time, except when the Syndicate or the Academic Council is in session, the Vice-Chancellor is satisfied that an emergency has arisen which requires immediate action to be taken involving the exercise of any power vested in the Syndicate or the Academic Council, the Vice-Chancellor may take such action as he deems fit and shall report the same for approval at the next meeting of the concerned authority and if the action taken by the Vice-Chancellor is not approved by such authority he shall refer the matter to the Chancellor whose decision thereon shall be final.

(8) The Vice-Chancellor may take appropriate disciplinary action against the employees of the University and pending such disciplinary action may keep any employee under suspension.

(9) Where any action taken by the Vice-Chancellor under sub-section (8) affects any person in the service of the University to his disadvantage, such person may prefer an appeal to the Syndicate within thirty days from the date on which such person has notice of the action taken:

Provided that the Syndicate may entertain appeals preferred after the period of thirty days, if it is proved to the satisfaction of the Syndicate that the person was prevented from filing the appeal for good and sufficient reasons beyond his control.

(10) The Vice-Chancellor shall be entitled to be present at and to address, any meeting of any authority or body or committee of the University but shall not be entitled to vote thereat unless he is a member of such authority, body or committee.

(11) The Vice-Chancellor shall exercise such other powers as may be prescribed by the Statutes and the Ordinances.

27. The Principal Dean of Studies.—(1) The Principal Dean of Studies shall be a whole-time salaried officer of the University and shall be appointed by the Chancellor on the advice of the Vice-Chancellor:

Provided that no person who is not having at least ten years teaching experience shall be appointed as Principal Dean.

(2) The qualification for, and the salary and allowances payable to, the Principal Dean of Studies shall be such as may be prescribed by the Statutes.

(3) The Principal Dean of Studies shall hold office for a term of three years and shall be eligible for re-appointment.

(4) The Principal Dean of Studies shall advice the Vice-Chancellor on all academic aspects of the working of the University.

(5) The Principal Dean of Studies shall supervise, control and co-ordinate the teaching and research work conducted in all the Academic departments of the University.

(6) The Principal Dean of Studies shall be responsible for the proper guidance, control and supervision of all the academic staff of the University and shall be competent to exercise such disciplinary control over them as may be prescribed by the Statutes.

28. Registrar.—(1) The Registrar shall be a whole-time salaried officer of the University and shall be appointed, in such manner as may be prescribed by the Statutes.

(2) The qualification for, and the salary and allowances payable to, the Registrar shall be such as may be prescribed by the Statutes.

(3) The Registrar shall be responsible for the due custody of the records and common seal of the University.

(4) The Registrar shall be the immediate custodian of the movable and immovable properties of the University and shall be responsible for their upkeep and safety.

(5) The Registrar shall be responsible for the proper guidance, control and supervision of all the non-teaching staff of the University and for the general administration of the office of the University.

(6) The Registrar shall be the ex officio Secretary of the Syndicate and the Academic council and he shall be responsible to place all necessary facts and information before the Syndicate and the Academic council and to keep the minutes of their meetings.

(7) The Registrar shall receive applications for admission to various courses of the University and shall maintain or cause to be maintained a permanent record of all courses, curricula and other information as may be deemed necessary by the Syndicate.

(8) The Registrar shall be responsible for maintaining a permanent record of the academic performance of the students of the University including the courses taken, grades obtained, degrees awarded, prizes or other distinctions won and any other items pertinent to the academic performance of the students.

(9) Suits by or against the University shall be instituted by or against the Registrar.

(10) The Registrar shall perform such other duties as may be prescribed by the Statutes or which may be assigned by the Syndicate or the Vice-Chancellor.

29. Deans of Faculties.—(1) There shall be a Dean for each faculty who shall be appointed by the Vice-Chancellor in such manner as may be prescribed by the Statutes.

(2) The Deans shall be whole-time salaried officers of the University and shall possess such qualifications as may be prescribed by the Statutes.

(3) If a faculty consists of only one Academic department, the Dean shall be the head of that department; and if the faculty consists of more than one department, the Dean shall be the head of one of the constituent departments of the faculty.

(4) The Deans shall be paid such salary and allowances and be subject to such conditions of service as may be prescribed by the Statutes.

(5) The Dean shall be the Chairman of the Board of Studies of every constituent department of the faculty under him.

(6) The Dean shall be responsible to the Principal Dean of Studies and the Vice-Chancellor for the due observance of the Statutes, the ordinances and the Regulations in respect of the faculty under him.

(7) The Deans shall discharge such other duties as may be necessary for the proper functioning of the faculties and Academic departments under them as directed by the Vice-Chancellor and the Syndicate.

30. Prohibition of remuneration from outside sources.—No whole-time salaried officer or employee of the University shall accept any remuneration from any agency or institution outside the University save as may be provided in the Statutes.

CHAPTER VI

APPOINTMENT OF TEACHERS, OFFICERS AND STAFF

31. Appointment of teachers, officers and staff.—(1) Subject to the provisions of this Act and the Statutes, the teachers, officers and other employees of the University shall be appointed by the Vice-Chancellor on the advice of appropriate Selection Committee constituted in the manner prescribed by the Statutes.

(2) (a) Save as otherwise provided in this Act and the Statutes, every teacher, officer and other employee of the University shall be appointed under a written order.

(b) The written order referred to in clause (a) shall be lodged with the Registrar and a copy thereof shall be furnished to the teacher, officer or employee concerned.

(c) Every appointment shall be made consistent with the provisions of this Act and the Statutes for the time being in force in relation to conditions of service.

(3) The retirement age of the teachers of the University, including the Principal Dean of Studies, shall be sixty years and that of the teaching and non-teaching officers and other employees of the University shall be fifty-five years:

Provided that in respect of any person who is appointed temporarily on a short-term contract for a period not exceeding three years, the age-limit mentioned shall not apply:

Provided further that even such short term contract appointments shall be subject to the approval of the Selection Committee constituted in the manner prescribed in the Statutes.

(4) The procedure for the recruitment, the qualification and conditions of service of the teaching and non-teaching employees of the University shall, unless otherwise provided for in this Act be such as may be prescribed by the Statutes.

32. Reservation of appointment.—In making appointments by direct recruitment to all teaching and non-teaching posts under the University, the University shall mutatis mutandis observe the relevant reservation rules of the Kerala State and Subordinate Service Rules, 1958, as amended from time to time.

CHAPTER VII

FUNDS AND ACCOUNTS

33. General fund of the University.—(1) The University shall have a general fund to which shall be credited,—

(a) contributions or grants which may be made by the Government to such fund on such conditions as the Government may impose;

(b) the income from fees levied by the University;

(c ) the income from endowments, if any;

(d) donations made by individuals, institutions, organizations or other bodies for realizing the objects of the University;

(e) any contribution or grant made by the Central Government or the University Grants Commission; and

(f) all other receipts.

(2) The general fund of the University shall be utilized in such manner as may be prescribed by the Statutes for fulfilling the objects of the University.

(3) The Government shall every year make the following non-lapsable lump sum grants to the general fund of the University, namely:—

(a) a grant not less than the estimated net expenditure of pay and allowances of the staff, and of contingencies and the supplies and services of the University;

(b) a grant which is adequate to meet the expenses for programmes of development undertaken by the University with the prior concurrence of the Government;

(c ) a grant to meet such additional items of expenditure recurring and non-recurring as the Government find necessary for the proper functioning of the University.

(4) The fund shall be kept in a public sector bank or nationalised bank as decided by the Syndicate and shall be operated by Vice-Chancellor, the Registrar or any other officer of the University authorized in this behalf by the Vice-Chancellor.

34. Special Grants and Endowments.—It shall be competent for the University in furtherance of its objects to accept grants or donations or endowments from the Government of Kerala or any other State Government or the Central Government or other bodies or associations or institutions or individuals under such conditions as may be agreed upon between the University and the grantor or donor and approved by the Chancellor.

35. Reports to Government.— The University shall furnish such statements, accounts, reports and other particulars as the Government may require relating to any grant made by the Government and shall take such action and furnish such statements, accounts, reports and other particulars relating to the utilization of any grant within such time and in such manner as the Government may direct.

36. Development fund of the University.—(1) The University shall form a fund to be known as the development fund from the grants and contributions made by the Government towards such fund as well as such other sums as the Syndicate may decide to be credited to the development fund.

(2) The development fund shall be invested in such long-term deposits as the Government may direct and the interests of such long-term deposits shall be utilised for development programmes of the University as decided by the Syndicate.

(3) The University may constitute such other funds and utilise them in such manner as may be prescribed by the Statutes.

37. Pension, Provident Fund, etc.—(1) With the previous approval of the Government, the University shall make appropriate provisions for the benefit of its officers, teachers and other employees in matters of pension, insurance and provident funds as it may deem fit in such manner and subject to such conditions as may be prescribed by the Statutes.

(2) Where any such pension, insurance or provident fund has been constituted by the University, the Government may declare that the provisions of the Provident Funds Act, 1925 (Central Act 19 of 1925) shall apply to such fund as if it were a Government Provident Fund:

Provided that the University shall have power to invest the provident fund amount as the Government may direct.

38. Accounts and Audit.—(1) All the moneys received by, or accruing to, the University and all amounts disbursed and paid by the University shall entered in the accounts of the University.

(2) The annual accounts of the University shall be prepared by the Registrar under the direction of the Vice-Chancellor.

(3) The accounts of the University shall be audited by the Director of Local Fund Accounts:

Provided that the Comptroller and Auditor General shall be competent to audit the accounts of the University in respect of the grants disbursed by the Government and utililsed by the University.

(4) The University shall bear the cost of the audit as fixed by the Government.

(5) The auditors shall maintain a continuous audit of the account of the University and may, after giving due intimation conduct local audit of any institution under the management and control of the University.

(6) After completing the audit for a year or for any shorter period or for any transaction or series of transactions, the auditors shall send a report to the University and duplicate copy thereof to the Government.

(7) The auditors shall specify in the report under sub-section (6) all cases of irregular, illegal or improper expenditure or of failure to recover moneys or other property due to the University or of any loss or waste of money or other property thereof caused by neglect or misconduct of the officers and authorities of the University.

(8) The auditors shall also report on any other matter relating to the accounts of the University as may be required by the Government.

(9) The University shall forthwith rectify any defect or irregularity pointed out by the auditors and report the action taken to the Government.

(10) The audited accounts of the University shall be go printed and copies thereof together with the audit report as well as a statement on the action taken by the University on the audit report shall be presented by the Vice-Chancellor to the Syndicate, the Government and the Chancellor; and the Government shall cause a copy of the same to be laid before the Legislative Assembly.

CHAPTER VIII

STATUTES, ORDINANCES, REGULATIONS AND ORDERS

39. Statutes.—Subject to the provisions of this Act, the Statute may provide for all or any of the following matters, namely:—

(a) the constitution, powers and duties of the authorities and other bodies of the University not specifically provided for in this Act;

(b) the powers and duties of the officers of the University not specifically provided for in this Act;

(c ) the procedure for election of members to any authority of the University to which some members are to be elected under the provisions of this Act;

(d) award of degrees, diplomas, titles, certificates and other academic distinctions including honorary degrees by the University;

(e) the holding of convocations to confer degrees;

(f) the procedure for recruitment of the teaching and non-teaching staff of the University;

(g) the classification, terms and conditions of service, disciplinary control, termination of tenure and such other service matters relating to the teachers, officers and other employees of the University;

(h) the maintenance of the accounts and the preparation and approval of the annual budget of the University;

(i) the procedure to be followed for making, amending or repealing Ordinances and Regulations;

(j) all other matters which under the provisions of this Act are to be or may be prescribed by prescribed by Statutes.

40. Procedure for making Statutes.—(1) The Syndicate may prepare the draft of Statutes and submit such draft to the Chancellor for his assent, together with a report on the issues involved.

(2) If a draft Statute prepared by the Syndicate relates to an academic matter, it shall be sent to the Academic Council for its advice before it is submitted to the Chancellor for his assent.

(3) On receipt of the advice of the Academic Council under sub-section (2) the Syndicate shall further examine the draft and effect modifications, if any, found necessary and submit it to the Chancellor together with a report on the issues involved in the draft Statutes, the advice tendered by the Academic Council and its remarks thereon, for his assent.

(4) The Chancellor shall give his assent to the Statutes with or without modification.

(5) The Statutes shall come into force on the date on which the same as assented by the Chancellor is published in the Gazette.

(6) No provision which affects the status, powers, or constitution of any authority of the University shall be included in a Statutes until such authority has been given an opportunity to record its opinion in writing on the proposal to include such provision and the opinion so expressed has been given due consideration by the Syndicate and the Chancellor.

(7) No Statutes or amendment to a Statutes involving expenditure shall be made by the Syndicate without the prior concurrence of the Government.

41. Ordinances.—(1) Subject to the provisions of this Act and the Statutes, the Syndicate shall have power to make Ordinances providing for all or any of the following matters, namely:—

(a) the levy of fees in the departments and institutions of the University;

(b) the workload and pattern of teaching to be followed in the Academic departments and institutions of the University.

(c ) the fixation of the scales of pay of various posts in the University;

(d) the residence and discipline of students;

(e) all other matters which by this Act or the Statutes are to be or may be prescribed by Ordinances.

(2) Ordinances which involve expenditure shall not be passed by the Syndicate without the prior concurrence of the Government.

(3) All Ordinances shall have effect from such date as the Syndicate may direct.

(4) Every Ordinance shall, as soon as possible, be laid before the Academic Council for its information.

42. Regulations.—Subject to the provisions of this Act, the Statutes and Ordinances, the Academic Council may make Regulations providing for all or any of the following matters, namely:—

(a) the course of studies and the conduct of examinations;

(b) the admission of students to the various courses of study and to the examinations;

(c ) the qualifications of teachers;

(d) the appointment and prescription of duties of the Boards of Studies and the examiners;

(e) recognition of examinations, degrees and diplomas of other Universities as equivalent to the examinations, degrees and diplomas of the University; and

(f) all other matters which under the provisions of this Act, the Statutes and the Ordinances are to be or may be prescribed by Regulations.

43. Orders:—(1) The Vice-Chancellor shall have power to issue orders not inconsistent with the provisions of this Act, the Statutes, the Ordinances and the Regulations for the guidance and working of Boards and committees and other bodies constituted under the provisions of this Act, the Statutes, the Ordinances or the Regulations and for regulating the procedure and conduct of business at the meetings of any authority of the University other than the Syndicate and Academic Council.

(2) All orders shall have effect from such date as the Vice-Chancellor may direct in each case.

(3) Every order shall be laid before the Syndicate during its next succeeding meeting and the Syndicate shall have power to amend or modify the order in such manner as it deems fit.

44. Publication in the Gazette.—All Statutes, Ordinances and Regulations made under this Act and the appointment of the Vice-Chancellor, the Principal, Dean of Studies and the Registrar shall be published in the Gazette.

CHAPTER IX

STUDENTS’ WELFARE

45. Residence of students.—The students shall reside in accommodations which are maintained by the University or have been approved by the Director of Students’ Welfare as suitable for the residence of the students of the University:

Provided that students who are coming from a distance of less than eight kilometers from the campus of the University may reside at their own home and conduct their studies as day-scholars.

46. Recreational facilities.—(1) The University shall provide facilities for sports and games, occasional social gatherings, cultural entertainments and programmes for the promotion and development of the artistic talents of the students and provide opportunity to the maximum extent possible for the development of the all-round personality of each student of the University.

(2) There shall be a University Union consisting of one student representative from each academic department elected by the students of that department in the manner prescribed by the Statutes and such representatives shall elect one among them as the Chairman and another as the General Secretary of the Union;

(3) The University shall provide adequate fund and facility for the publication of students’ magazine.

(4) The University shall provide adequate funds for the functioning of the University Union.

(5) The University Union shall conduct Youth Festivals for students.

47. Director of Students’ Welfare.—The Registrar shall be the ex officio Director of Students’ Welfare of the University.

CHAPTER X

MISCELLANEOUS

48. Power of Government to cause inspection and enquiry.—(1) The Government shall have the right to cause an inspection to be made by such person or persons as they may direct, of the University, its buildings, libraries, museums and any institution maintained or administered by the University, of the teaching and other work conducted by the University or under its auspices and of the conduct of any other function of the University; and to cause an enquiry to be made in respect of any matter connected with the administration and finances of the University.

(2) The Government shall, before causing an inspection or enquiry to be made under sub-section (1), give notice in writing to the Vice-Chancellor of their intention to cause an inspection or enquiry to be made and the Vice-Chancellor shall be entitled to appoint a representative of the University who shall have the right to be present and to be heard at such inspection or enquiry.

(3) The Government shall communicate to the University the views of the Government with reference to the results of such inspection or enquiry and may after ascertaining the opinion thereon of the University, advise the University upon the action to be taken and fix a time limit for taking such action.

(4) The University shall, within the time limit so fixed, report to the Government the action which has been taken or is proposed to be taken on the advice tendered by the Government.

(5) The Government may, where action has not been taken by the University to the satisfaction of the Government within the time limit fixed, after considering any explanation furnished or representation made by the University, issue such directions to the University as they may think fit.

(6) The University shall either comply with the directions issued by the Government under sub-section (5) or place the matter before the Chancellor for his orders and the orders issued by the Chancellor shall be final.

(7) Notwithstanding anything contained in sub-sections (1) to (6), if at any time the Government are of opinion that the affairs of the University are not managed in furtherance of the objects of the University or in accordance with the provisions of this Act, the Statutes, the Ordinances and the Regulations, or that special measures are necessary to realize the objects of the University effectively, the Government may indicate to the University any matter in regard to which they desire an explanation and call upon the University to offer such explanation within such time as may be specified by the Government.

(8) If the University fails to offer any explanation within the time specified under sub-section (7) or offers an explanation which in the opinion of the Government is unsatisfactory, the Government may issue such instructions as appear to them to be necessary and desirable in the circumstances of the case.

(9) The University shall either comply with the instructions issued by the Government under sub-section (8) or place the matter before the Chancellor for his orders and the orders issued by the Chancellor shall be final.

(10) The University shall furnish such information relating to the administration of the University as the Government may require.

49. Acts or Proceedings of the authorities or bodies not to be invalidated.—No act or proceedings of any authority or other body of the University shall be invalidated merely by reason of any defect in the constitution of such authority or body or the existence of a vacancy or vacancies among its members or by reason of some person having taken part in the proceedings who is subsequently found not to have been entitled to do so.

50. Protection of acts done in good faith.—(1) All acts and orders duly and in good faith done and passed by the University or any authority or body of the University shall be final and no suit shall be instituted against or damage claimed from the University or any authority, or body for anything done or purported to be done in pursuance of this Act, the Statutes, the Ordinances and the Regulations.

(2) No suit, prosecution or other proceedings shall lie against any officer or other employee of the University for any act done or purported to have been done under this Act, or the Statutes or the Ordinances or the Regulations without the previous sanction of the Syndicate.

(3) No officer or other employee of the University shall be liable in respect of any such act in any civil or criminal proceedings if the Act was done in good faith and in the course of the execution of the duties or in the discharge of the functions imposed by or under this Act.

51. Removal of difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Gazette, do anything not inconsistent with the provisions of this Act, which appears to them to be necessary or expedient for removing the difficulty.

Provided that no order shall be made under this section after the expiration of three years from the date on which this Act comes into force.

(2) Every order published under this section shall as soon as may be after its publication, be laid before the Legislative Assembly.

52. Annual Report.—(1) The annual report of the University shall be prepared under the direction of the Vice-Chancellor and shall be approved by the Syndicate with or without modifications.

(2) The annual report shall be laid by the Syndicate before the Academic Council at its next meeting and the Academic Council may express its views and record its comments on the annual report.

(3) The annual report, after consideration by the Academic Council, shall be forwarded to the Government by the Vice-Chancellor with such comments as may be deemed necessary.

(4) The Government shall cause a copy of the annual report, with such comments and observations as are considered necessary, to be laid before the Legislative Assembly.

53. First Statutes and Ordinances.—Notwithstanding anything contained in this Act the First Statutes and the First Ordinances of the University shall be made by the Government.

54. Repeal and Saving.—(1) The Sree Sankaracharya University of Sanskrit Ordinance, 1993 (11 of 1993) is hereby repealed.

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