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State of Kerala - Section

Section 60 in Calicut University Act, 1975

60. Conditions of service of teachers of private colleges.

(1)Notwithstanding anything contained in any law, or in any contract or other document, the conditions of service of teachers of private colleges, whether appointed before or after the commencement of this Act, including conditions relating to pay, pension provident fund, gratuity, insurance and age of retirement, shall be such as may be prescribed by the Statutes.
(2)No teacher of a private college shall be kept under suspension by the educational agency except when disciplinary proceedings are initiated against him.
(3)When a teacher of a private college is suspended for period exceeding fifteen days, the matter, together with the reasons for the suspension, shall be reported to the Vice-Chancellor.
(4)Any disciplinary proceedings initiated under sub-section (2) shall be completed with a period of three months or within such further period as may be allowed by the Vice-Chancellor after hearing the parties concerned.
(5)Any person aggrieved by an order of the Vice-Chancellor under sub-section (4) may, within a period of thirty days from the date of receipt of the order by him, appeal to the Appellate Tribunal.
(6)No disciplinary action shall be taken against a teacher without giving him a reasonable opportunity of showing cause against the action proposed to be taken against him.
(7)Any teacher aggrieved by an order passed after the commencement of this Act in any disciplinary proceedings taken against him may, within sixty days from the date on which a copy of such order is served on him or within sixty days after the Appellate Tribunal has been constituted under this Act, whichever period expires later, appeal to the Appellate Tribunal and the appellate Tribunal may, after giving the parties an opportunity of being heard and after such further inquiry as may be necessary, pass such order thereon as it may deem fit, including an order of reinstatement of the teacher concerned:Provided that the Appellate Tribunal may admit an appeal presented after the expiration of the said period if it is satisfied that the appellant had sufficient cause for not presenting the appeal within the said period.
(8)Any order passed by the Appellate Tribunal under sub-section (7) may be executed through the Subordinate Judge's Court having jurisdiction over the area in which the private college is situate as if it were a decree passed by that court.
(9)Any person who objects to an order passed by the Appellate Tribunal under sub-section (7) may, within sixty days from the date on which a copy of such order is served on him, prefer a petition accompanied by court free stamps of the value of ten rupees to the High Court on the ground that the Appellate Tribunal has either decided erroneously, or failed to decide, any question of law.
(10)The provisions of section 5 of the Limitation Act, 1963 (Central Act 36 of 1963), shall be applicable to any proceedings under sub-section (9).
(11)The High Court shall, after giving the parties an opportunity of being heard, pass such order on the petition, as it deems fit.
(12)Where the High Court passes any order under sub-section (11), the Appellate Tribunal shall amend the order passed by it in conformity with the order of the High Court.