Bare ActsThe University of Fisheries and Ocean Studies Act, 2010

Section 69

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Procedw e for makmg Ordmanws --- rhe Governmg Counc1l may make, amend 01 repeal Ordmance'> m the manner hercmafter provlded,- {t) No Ordmances concernmg the matter~ referred to m clauses (1) to (v1) of '-CCt!On 67 above, Of any Other matter COnnected With the mamtenance of the standards of teachmg and exammat10ns wtthm the Un1ver~1ty, ~hall be mc1de by the Governmg Counc1l unless a draft thereof has been considered by the Academ1c Council, (11) rhe Governmg Counc1l 'hall not have the power to amend any draft proposed by the A"adenuc Councll under clau'>c (1) abo\'c, out may return 11 to the Academic Council for recons1derdllon, m pc1rt or Ill whole, together With any amendments wh1ch the Go\-ernmg Counc!l may suggest (111) All Ordmances made by the GO\ ernmg Council shall have effect from -;uch date as 1t mc1y d1rect, but every Ordmance so made shall be submtlted to the Chancellor With Ill two weeks 1 he Chancellor shall have the power to dtreet the Governmg Council, w1th1n four weeks of the rece1pt of the Ordmances, to ~uspend 1ts operatiOn and he ~hall, a~ soon a~ pos'>lble, mform the Govermng Counc!l of h1s obJeCtiOn to 11 lie may alter rece1vmg the comments of the Govemmg Councd etther Wlthdrav. the order .suspendmg the Ordmanees or disallow the Ordmanccs and hts dec1~10il shall be final 70 Regufalwm -(1) Subject to prov1~1ons of tht-; Act, the Statutes and Ordmances and the approval of the Governmg Council, the Academic Counc1l may make regulatiOns m the manner prc<;cnbed by Statutes, prov1dmg for all or any of the followmg matters, namely - (t) the cour<;es of 'itud1es and the conduct of exammattons, (11) the adm1~~10n of students to the \-anous courscc; of -;tudy and to the exammat10ns, {111) the quahficat10n~ of teachers, {tv) the appomtmcnt and prescnpllon of duttes of the Board~ of Stud1es and exammer-;, (v). rccogmt10n of cxammatJOn<>, degrees and diplomas of the UmvcJSltle~ a<; eqmvalent to the cxammat1on-;. degrees·and dtplomas of the Umver~lly, and (v1) all other matters wh1ch under the prov1stons of thts Act, the Statute~ and the 01 dmances arc to be made. or may be, preo;cnbed by the Regula lion~ 112 (2) All rcgulat1vns made under thts Act shall have effect from such date as the Academtc Counc1l may d1rcct, but every RegulatiOn so made shall be la1d before the Govcmmg Counc1l dunng tts next succcedmg mcctmg 71 Orders --(1) The Umvcrs1ty Govcrnmg Counctl shall have power to 1ssue orders not 1ncons1stcnt With the prov1s1ons of th1s Act, Statutes, Ordtnanccs and RegulatiOns made thereunder for the gmdancc and workmg of Schools and Committees, Colleges and other bodtes under the prov1s1ons of th1s J\ct or the Statutes, Ordmances and Rcgulatwns made thereunder and for rcgulattng the procedure and conduct of busmcss of any Authonty of the Umvcrs1ty - (2) All such orders shall have effect from such date as the Umvers1ty Govcmmg Counc1l may d1rcct (3) The Umvcrs1ty Govcmmg Counct.l shall have power to cancel or modify any such order 72 Pubbcatzon m the Gazette.- --All Statutes, Ordmances and Regulation~ made under th1s Act shall be pubhshcd m the Gazette CHAPTER XII MISCELLANEOUS 73 Tr·an~Jer of certam wlleges and mslltutzons ·to the Unzverszty.- ( I) Notwtthc;tandmg anythmg con tamed m the Kcrala Agnculture Uruvers1ty Act, 1971 (Act 33 of 1971 ), the Statute~. Ordmanccs, Regulatwnc; or Orders made thereunder, Colleges of Ftshcncs of Kerala AgncJ.Jiture Umve~tty shall, as from such date as the Government may by not1ficat10n m the Gazette spec1fy, be dtsaffihatcd from the Kcrala Agnculture Umvcr'ilty and shall be mamtamed by the Kcrala Umvcrs1ty of ftshcnes and Ocean Stud1cs, as conslltucnt umts (2) The control and management of the ms!Jtullons specified m sub- sectiOn (I) shctll, as from the date not1fied under that sub-sectwn, be transferred to the Umvcrs1ty and all properties and assets and hab1ht1es and obhgauons of the Government m relation thereto shall stand transferred to, vest m, or devolve upon, the Umvcrs1ty (3) The control and management of all research and educatiOnal mstJtutJOn'> of the Departments of ftshcnes and Ocean Stud1es m the State shall, as from such date or dates as the Government may by order spcc1fy, be transferred to the Umvcrstty, and thereupon all the propcrttes and assets and hab1httcs and obhgatwns of the Government m relation to such mstttut1ons shall '>land transferred to, vest m, or devolve upon, the Umvers1ty • \ 113 ( 4) f-vcry person employed m any of the lll!>tltutwns !>pee died m sub- sectiOn (I) or m any of the m~tttut10ns referred to m !>Ub-sectwn (3) nnmedtatcly before the date spcctficd m the notlltcatton under ~ub-sectton (I) or the date spcctfied to the order under sub-<;ectton (3) m relatiOn to that mstttullon, as the ca~e may be, shall, as from that ddte, become an employee of the Umvcr!>tty I Provtded that the Government may wtthm a penod of !>IX months from the date spec1ticd m the nottficat10n uudcr sub-sectiOn (1) or 111 the ordei under sub- '>CCtiOn (3) wtth the concurrence C'f the !Jmve: <.:ty, -- (a) dtrect that any pcisun who ha' c;u bccon:e an cmpl•>yee of the Umvcr!>tty ..,hall cca..,c to be an cmplo)..:\.! of the Umver~tty and -.ho.~li become an employee of the Government, 1f tn the opmion of the Government the contmuance of such person a:. an employee of the Umvcr~tty ha'> the effect of dcpnvmg any other person who ha:, o,upcnoi claim and v..ho t<; wlllmg to he appomtcd to the employment of the Umverslly, Cli (b) transfer to the lJnJvasity any employee of the Government wh0 on the date specIfied m the notificatiOn under sub-sectiOn ( 1) or m the order under sub-section (3 ), as the ca:,c mdy be, IS eltg1ble to become an employe<.: of the University and who ha~ c;upcnor claim than any other per~on who ha'> become an employee of the UmveNty on that date Provtded further that, tf m the opmton of the Untvcrsttv, an)' pcrwn employed m any of the tm.titutJOn rcferrc.d to m c;ub-sectJOn (3) unmed1ately before the date specified m the order under that :,ub-scction m relation to :hat mstitutJOn or any pcr'>on tran'>ferrcd to the Univcrstty under tht. preceding provtso, ts not suitable, the lJmvcrsity may move the Government Withm a pcnod of two year'> from the date ~pt>c1f1ed m the sa1d order or the date of transfer of the pcr<>on to the lmivcrsity, a~ the t.asc may be, to take bdck sut.h pcr:,on to the ~crvtcc of the Government, and thereupon the Govcmmcut <;hall take back such pcr'>on to the <;ervJcc of the Government (5) If any person employed m any of the college~ specified m c;ub- scctwn (I) docs not po'>scss the qualificatiOn prcscnbed for the corresponding po~t m the Umvcrstty, a po<>t of the same cadre as he wa~ holdmg muucdiatcly before the date spccdicd m the notificatiOn under the said suh-sccuon :,han be created Ill the Umvcr'>Ity for accommodatmg '>uch person (6) Subject to the provic;Jom of sub-sectiOn~ (4) and (5), the remuneration and condttions of service of dny pcr-;on referred to 111 :,uh-<,ccllon (4) ~hall not he les:, [d\'Ourahlc thaP th0se to which that person w.t:, entitled Immediately before he became an emplo.¥ec of the Umversity (7) Notwith'>tandmg the transfer ef ~ person It' the Unl\·cr<.,~ty under ~ub-sl·ctwn (4 ), any proccedmg~ Imtlatcd by the Government agatn'-1 such 114 person before the date of "uch transfer may be contmued by the Government as 1f such person ha.; not become an employee of the Umvero;1ty, and the Umverslly shall be bound to g1ve effect to the dec1s1on taken by the Government m such proceedmgs 74 Protectwn of act\ done tn good fmth -No su1t or other legal proccedmgs <>hall be mstltuted agamo;t or mamtamcd or damages cla1med from the UntversJty or Its officer~, authont1c~ or bodies for anythmg done or orders pa<>sed. or purportmg to have been done or pa~~ed m good fa1th and m puro;uance of the prov1s10ns of th1c; Act and the Statutes, Ordtnances and Regulation~ made thereunder 75 Tran.Wory prov1.\10ns -Notw1thstandmg anythmg contatned m th1s Act 01 the Statutes, Ordmam.es or Regulallons made thereunder any student of any college spec1f1ed m sub-section (I) of section 72 who IS studymg for any exammauon of the Kerala Agncultural Umvers1ty shall be permitted to complete h1s course and preparatton thereof. and the Umvcrs1ty e<>tabhshed under th1s Act shall make atrangements for holdmg for such students, exammatwn m accordance With the curncula of c;tudJe'i of the Kerala Agnculture Umvers1ty until he complete<; the s.11d course of stud1es 76 Nonu,wtum~ of fit ~t ~et of Authurttle\ --(I) Notw1thstandmg anythmg <..ont,uned m any othc1 prov1s1ons 0f tim Act, the fir~t set of all the Authontles of the Untver::.1ty ~hdll be nommated by the Chancellor as soon as may be after the pubhcat10n of th1s Act m the Guette (2) A member of any Authonty nom mated under ·sub-sectiOn (1) shall ~. • hold office for a penod of three yearc; from the date of such nommatwn or t1ll ., the members of the correspondmg authortty are elected or nommated, as the cao;e may be, under the prov1s1onc; of th1s Act, wh1chever IS earher. 77 Delrgatwn of power~ -The Umvcts1ty Governmg Council may delegate to any Officer or Authonty of the Untverstty any of the powers conferred on 1t by th1s Act or by the Statutes, ~o be cxerctsed subject to such restnct1on.., and condl!wns ao; may be prescnbed 7R Ftnt Statute\ and Ot dmance~ --Notwlth<;tJndmg anythmg con tamed m thts Act, the f1rst Statutes and the first Ordmances of the Umvers1ty shall be made by the Government 79 Po..,.,ers of Government to make Rules -(I) The Government may, by notification m the Gazette, make rules. not mcons1stent With the proviSIOn<; of thl" Act, for the purpose of exerc1smg the powers and d1schargmg the dut1es conferred or Imposed on the Government by th1s Act I I ~ 115 (2) Every rule made under th1s seet1on shall be la1d, as soon as may be after 1t 1s made, before the Leg1slaove Assembly, while It IS m c;ess1on for a total penod of fourteen days wh1ch may be compnsed m one sess1on or m two success1ve sess1cns, and 1f, before the cxp1ry of the scss1on m wh1ch 1t IS so la1d or the sesc;wn 1mmed1ately followmg, the Leg1slat1vc Assembly makes any ;& moddicdtlons m the rule or dec1dc~ that the rule should not be made, the rules . • shall thereafter have effect only m such modified form or, be of no effect, as the case may be, so however that any c;uch mod1ficat10n or annulment shall be w1thout prcjudtce to the valtd1ty of anythmg prcvtou~ly done under that rule 80 Removal of difficulties---{ 1) If any d1fficulty anscs m g1vmg effect to the prov1s1ons of th1s Act, Government may, by order pubhshcd 10 the Gat.elle, do anythmg not mcon!>IStcnt w1th the prov1s1ons of th1s Act, wh1ch appears to them to be necessary or cxpcd1cnt for rcmovmg the d1fftculty . Prov1ded that no order shall be made under th1c; sect1on after the cxp1rat1on of three years from the date on wh1ch th1c; Act comes mto force (2) No order made under c;ub-scct1on (I) shall be questiOned m any Court of law on the ground that no d1ffi~ulty as I'> referred to 10 the sa1d sub- seclion ex 1'-ted or was requtred to be removed • (3) Every order publtshed under th1s scctwn shall, ac; soon as may be . ttfter 1ts publtcatton, be la1d before. the Leg1slat1ve Assembly, wh1le 11 1s m t • · sess1on for a total penod of fourteen days whtch may be compnscd m one -/" SeSSIOn or In twO SUCCeSSIVe SeSSIOnS, and If, before the exptry of the SeS'iiOn In wh1eh 1t IS so la1d or the sess1on 1mmed1ately, followmg, the Leg1slat1ve Assembly makes any mod1ficat1ons m the order or dec1des that the order should not be made, the order shall thereafter have effect only m such mod1fied form or, be of no effect, as the case may be, so however that any such mod1ficat10n or annulment shall be wilhout preJUdice to the valtd1ty of anythmg prcv10usly done under that order. 81 Repeal and Savmg---{ I) The Kerala Umvcrs1ty of r1shenes and Ocean Stud1cs Ord10ance, 2010 (56 of 2010), IS hereby repealed (2) Notw1thstandmg such repeaL anythmg done or any act1on taken under the Sdld Ordmancc. <,hall be deemed to hdvc been d~c or taken under thts Act •

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