Section 39 in Kerala University of Health Sciences Act, 2010
39. General provisions regarding authorities of the University.
(1)The constitution, powers, functions and duties of the authorities of the University, not laid down under any of the provisions of this Act, shall be such as may be prescribed by Statutes.(2)Save as otherwise provided by or under the provisions of this Act, the term of office of the elected, nominated, appointed or co-opted member of any authority shall be three years from the date of its first meeting, irrespective of the date on which a member enters upon such office.(3)Notwithstanding anything contained in this Act or Statutes, where a person elected, nominated, appointed or co-opted as an officer of the University or a member of any of the authorities or bodies of the University by virtue of his being eligible to be so elected, nominated, appointed or co-opted as such an officer or a member under any of the categories of officers or members specified by or under the relevant provisions of this Act in relation to such office, authority or body, such person shall cease to be such an officer of the University or member of such authority, or body as soon as such person ceases to belong to such category and shall be deemed to have vacated the office as such officer or member.(4)A person shall be disqualified for being a member of any of the authorities of the University, if such person,-(i)is of unsound mind and stands so declared by a competent authority;(ii)is an undischarged insolvent;(iii)has been convicted of any offence involving moral turpitude;(iv)is conducting or engaging oneself in private tuitions or private coaching classes or private medical practice, if such private tuition, coaching or private practice has been banned by the Government in respect of such person;(v)has been punished for indulging in or promoting unfair practices in the conduct of any examination in any form anywhere.(5)No person shall be a member of the Governing Council, the Academic Council or the Board of Examinations for not more than two consecutive terms, either as an elected, nominated, appointed or co-opted member, as the case may be. However, the Chancellor shall have the power to grant exemption to such a member.(6)Save as otherwise provided by or under the provisions of this Act, each authority of the University while acting and exercising its powers and discharging its functions or duties assigned to it by or under the provisions of this Act shall have the exclusive jurisdiction to deal with and decide on the matters assigned to it and discharge the functions or duties assigned to it by or under the provisions of this Act.(7)(i)Every election to any authority or body of the University under this Act shall be held by ballot in accordance with the system of proportional representation by means of a single transferable vote and as may be prescribed by Statutes.(ii)The other details relating to elections not specified in this Act shall be prescribed by Statutes.(8)A member of any University or body other than ex-officio member may resign by writing under his signature. A nominee of the Chancellor may resign, by addressing to the Chancellor and any other member may resign by addressing to the Vice-Chancellor. The person shall cease to be a member upon his resignation being accepted by the Chancellor or, the Vice-Chancellor, as the case may be.(9)If the person nominated, elected, appointed or co-opted to an authority or body remains absent without prior permission of the authority or body for three consecutive meetings, he shall be deemed to have vacated his membership and he shall cease to be a member from the date of the third such meeting in which he has remained absent:(10)Save as otherwise provided by this Act all matters with regard to the conduct of meetings of the authorities, bodies' or committees, if any, constituted by the University or any authority shall be such as may be prescribed by the Statutes.(11)When any vacancy occurs in the office of a member, other than an ex-officio member, of any authority or other body of the University before the expiry of his normal term, the vacancy shall be filled, as soon as may be, by nomination of a suitable person by the Chancellor or the Government where the Chancellor or the Government is the nominating authority or by the Vice-Chancellor in all other cases. The person nominated shall be a person who is otherwise, eligible to be nominated or elected on the said authority or body from the same category. The person so nominated shall hold office only so long as the member in whose place he has been nominated would have held it, if the vacancy had not occurred.
