[ 497 ]

GOVERNMENT OF PUDUCHERRY

CHIEF SECRETARIAT (EDUCATION)

(G.O. Ms. No. 56, dated 11th September 2015)

ORDER

Imparting quality education, to equip students through various

courses, to meet the various challenges of the present world is of prime

importance in the higher education field in India today. In this

challenging task of higher education, the new concept of establishment

of private Universities of high standard and repute is a major milestone.

The concept of private Universities has evolved recently in order to

set up self-financed private Universities by major organisations and their

charity trusts in various States either as multi-domain Universities or as

single domain University as the case may be, to impart specialized

teaching to bring all round development of students to face the

challenges of the new era.





2015 } | 11 {

No. 77 Poudouchéry

Vendredi

11

Septembre

2015

No.

Puducherry

Friday

11th

September

2015

( 20 Bhadra 1937 )

Registered with the Registrar

of Newspapers for India under

No. M. 8270



La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II



EXTRAORDINAIRE

EXTRAORDINARY

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Investment by private educational trusts in higher education and

providing a legislation for the same to permit private self-financing

Universities will enable this Union Territory to achieve its target of

developing it into an educational hub. Government considers this as the

right time to implement this progressive framework of private Universities

in the Union territory of Puducherry. In order to attract major private

entrepreneurs and their charitable trusts to come over to this

Union Territory and set up private Universities of specialization in their

field of activity, the subject has been considered by the Council of

Ministers and a set of rules as “Policy guidelines” to examine various

proposals in this regard, which will be submitted to the Government, has

been approved. The policy of the Government in this regard is now

published as an Annexure to this Government Order for the information of all

concerned, specifying various procedures for examining each and every

proposal of this kind.

The Lieutenant-Governor, Puducherry is therefore pleased to order

the “Policy and guidelines for the establishment and incorporation of

private Universities in the Union territory of Puducherry” as annexed to

this order for implementation in the Union territory of Puducherry with

immediate effect.

(By order of the Lieutenant-Governor)

G. RAGESH CHANDRA, I.A.S.

Secretary to Government (Education).

————

ANNEXURE

Policy and guidelines for the establishment and incorporation of

private Universities in the Union territory of Puducherry

1. Short title, commencement and application.— (i) These guidelines

may be called the “Guidelines for the Establishment of Private Universities

in the Union Territory of Puducherry, 2015”.

(ii) It shall come into force on and from the date of its

publication in the Official Gazette of Government of Puducherry.

(iii) It shall extend to the whole of the Union territory of

Puducherry.

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2. Definitions.— In this guidelines, unless the context otherwise

requires,—

(i) “Committee“ means inspection/scrutiny committee constituted

for the purpose of examining the proposal;

(ii) “Compliance report verification committee” means the

committee constituted for the purpose of verifying the compliance

report submitted by the sponsoring body;

(iii) “Department” means the Department of Higher and

Technical Education, Puducherry;

(iv) “Government” means the Administrator appointed under

Article 239 of the Constitution;

(v) “In-Principal Approval” means the Letter of Intent issued

by the Secretary to Government (Education) with the approval of

the Government;

(vi) “Institution” means any sponsoring body desirous of

setting up a private University in the Union territory of Puducherry;

(vii) “MHRD” means the Ministry of Human Resource Development,

Government of India;

(viii) “NAAC”

means

the

National

Assessment

and

Accreditation Council;

(ix) “Proposal” means the proposal for the establishment of

private University submitted by a sponsoring body;

(x) “UGC” means the University Grants Commission.

3. Procedure for submitting proposal.— Any institution, desirous

of setting up a private University shall submit an application to the

Director of Higher and Technical Education, Government of Puducherry,

alongwith the detailed proposal and a demand draft of ` 25,00,000

(Rupees twenty-five lakhs only) drawn in favour of the Director of Higher

and Technical Education, Government of Puducherry. The proposal shall

contain the following details:-

(i) Sponsoring body.— The proposal for the establishment of

private University shall be submitted by a sponsoring body. The

sponsoring body shall be,-

(a) a Society registered under the Societies Registration

Act, 1860 (Central Act No. 21 of 1860); or

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(b) any Public Trust registered under the State Public Trusts

Act, or the Indian Trusts Act, 1882 (Central Act No. 2 of 1882)

or under the relevant laws in any other State or Union Territory;

(ii) Furnishing of particulars.– The proposal must contain the

following particulars, namely:-

(a) the details of the sponsoring body alongwith the copies

of its registration certificate, constitution and bye-laws;

(b) the name, location and headquarters of the proposed

University;

(c) the objectives of the University;

(d) justification regarding the necessity of establishment of

the proposed University;

(e) details of whether the private University is proposed to

be a domain specific or multi-domain University and in case of

multiple domain, details of the specific domain(s) proposed such

as Medicine, Engineering, Law, Management, Para-Medical, etc.;

(f) the nature and the type of programmes of study and

research proposed to be undertaken by means of Conventional/

Distance/Open/Vocational/Online and any other mode, by the

University and their relevance to the development goals and

employment needs of the country and the Union territory of

Puducherry in particular and phasing of such programmes over

the first five years with course-wise enrolment targets;

(g) whether the University proposes to undertake programmes

related to local needs. If so, the nature of teaching, training or

research activities to be undertaken by the University so as to

fulfill this specific objective;

(h) whether the University proposes to start some programmes

for the benefit of farmers, women and industries. If so, details

thereof;

(i) the proposed fee structure, with and the extent of

concessions or rebates in fee or scholarships to the poor

students from economically poor or socially backward families,

including scheduled castes, scheduled tribes, other backward

classes and handicapped students or other such less or under

privileged students;

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(j) the system proposed to be followed for selecting students

for admission to the courses of study at the University;

(k) the experience and expertise in the concerned disciplines

at the command of the

sponsoring body or its promoters;

(l) availability of academic facilities including teaching and

non-teaching staff, if any, at the disposal of sponsoring body;

(m) the system proposed to be followed for appointment of

teachers and other employees in the University;

(n) the proof of ownership of land or plans for land

procurement and infrastructural development for the proposed

University in a phased manner, as also details of buildings and

infrastructure facilities, if already possessed by the sponsoring

body;

(o) the details of plans for campus development such as

construction of buildings, development of structural amenities

and infrastructure facilities and procurement of equipment, etc.,

to be undertaken before the University starts functioning and

phased programme for first five years;

(p) details of play grounds and other facilities available or

proposed to be created for games and sports and extra-curricular

activities like National Cadet Corps, National Service Scheme,

Scouts and Guides, etc.;

(q) the phased outlays of capital expenditure proposed for

the next five years and its sources of finance;

(r) the estimated recurring expenditure course-wise or

activity-wise, sources of finance and estimated expenditure per

student;

(s) the scheme for mobilizing resources and the cost of

capital thereto and the manner of repayment to such sources;

(t) the scheme for the generation of funds internally through

the recovery of fee from students, revenues anticipated from

consultancy services and other activities relating to the objects

of the University, and other anticipated incomes;

(u) whether University proposes to undertake expansion, if

so, details of constituent colleges, off-campus centres within/

outside the State, off-shore campus and study centres proposed

to be established as per the pre-requisites and regulations of

UGC and other statutory bodies;

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(v) the arrangements proposed to be made for academic

auditing;

(w) the information regarding financial resources of the

sponsoring body or promoters of sponsoring body, alongwith

audited accounts for the last year and details of plans for funds

to be arranged for the purpose of the private University along

with in-principal approval, if any, from financial institutions or

third party investors, agreeing to provide the funds;

(x) commitment to follow the norms of the regulating bodies;

(y) such other details as the sponsoring body may like to give;

(z) such other details as may be prescribed.

4. Examination of proposal.— (i) The department, on receipt of

the proposal for establishment of a University, shall constitute an

inspection/scrutiny committee consisting of senior Government officials

and renowned academicians, to be notified in this behalf by the

Government.

(ii) The committee shall consider the proposal and the project

report on the following grounds, namely:-

(a) financial soundness and assets of the sponsoring body

or its promoters and its ability to set up the infrastructure of

the proposed University;

(b) background of the sponsoring body/promoters, that is

to say, its expertise and experience in the field of education, its

general reputation, etc., and its commitment to follow the norms

of the regulating bodies;

(c) potentiality of the courses proposed to be offered, that

is to say, whether the courses would be capable of developing

human resources as per the requirements of contemporary

demands and whether the courses have new features and

include emerging branches of learning.

(iii) The committee, while considering the proposal and the project

report, may call for such other information from the sponsoring body as

it thinks proper for the purpose.

(iv) The committee shall submit its report to the Secretary to

Government (Education) within a reasonable period.

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(v) Deficiencies observed during the scrutiny, if any, shall be

communicated to the sponsoring body for rectification thereof. Besides

this, specific recommendations may be communicated to the sponsoring

body for compliance.

(vi) The sponsoring body shall submit the report regarding

rectification of deficiencies and compliance of the recommendations

communicated as above.

5. Issue of in-principle approval.— After the receipt of the report

of the committee, if the Government is satisfied that it is advisable to

establish the University, a letter of intent may be issued by the Secretary

to Government (Education), with the approval of the Government, and

ask the sponsoring body to establish an Endowment Fund for the

University which shall be pledged to the Government of Puducherry with

an amount of,–

(1) In case of multi-domain:

(i) ` 4 crores for multi-domain University, in case the

University is situated outside the municipal limits.

(ii) ` 5 crores in case the University is situated within the

municipal limits.

(2) In case of single domain:

(a) (i) ` 1 crore in case the University is situated outside the

municipal limits;

(ii) ` 1.5 crores in case the University is situated within

the municipal limits;

(b) acquire a minimum of 150 acres of contiguous land, for

multi-domain University and 25 acres for a single domain

University, if not already available; an essentiality certificate will

be issued to the sponsoring body in order to procure required

land for the establishment of University campus;

(c) construct a minimum of 50,000 square meters of covered

space for multi-domain and 20,000 square meters for single

domain Universities for administrative purposes and for

conducting academic programmes, if not already available;

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(d) purchase books and journals of at least ` 10 lakhs or as

per the norms of regulating bodies, whichever is higher, and

give undertaking to invest within first three years not less than

rupees 50 lakhs or as per the norms of regulating bodies,

whichever is higher, on books, journals, computers, library

networking and other facilities so as to make the library facilities

adequate for contemporary teaching and research;

(e) purchase equipments, computers, furniture, other mobile

and immobile assets and infrastructure facilities worth ` 20 lakhs

or as per the norms of regulating bodies and give undertaking

to procure within the first five years, equipments, computers,

furniture, other mobile and immobile assets and infrastructure

facilities [other than buildings, referred to in clause (c) above]

worth not less than rupees one crore or as per the norms of

regulating bodies, whichever is higher;

(f) give an undertaking to appoint at least 1 Professor,

2 Readers and adequate number of Lecturers alongwith necessary

supporting staff in each department or discipline to be started

by the University and in any case, not less than as prescribed

by the regulating body;

(g) give an undertaking to take up co-curricular activities like

seminars, debates, quiz programmes and extra-curricular activities

like games, sports, National Service Scheme, National Cadet

Corps, etc., for the benefit of students as per the norms laid

down by the regulating bodies;

(h) give an undertaking for establishment of provident fund

and to take up welfare programmes for the employees of the

University;

(i) fulfill such other conditions and provide such other

information as may be prescribed by the University Grants

Commission, All India Council for Technical Education, NCTE,

MCI, Pharmacy Council or any other statutory body established

by the law of the Union or State Government;

(j) give an undertaking not to dissolve the University before

15 years of its establishment and if the University is dissolved

before 15 years, all the assets of the University without

liabilities and free from all encumbrances shall vest with the

Government;

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(k) give an undertaking that all the assets of the University

without liabilities and free from all encumbrances shall vest with

the Government if the University is dissolved on account of

contravening any provisions of the Act, rules, statutes,

ordinances, regulations, directives of the Government and other

statutory bodies.

(l) give an undertaking that the University will include

at least one Government representative in its Governing Body- Policy

making Bodies and will abide by the Government instructions/

directives from time to time.

6. Submission of compliance report by the sponsoring body.—

(i) The sponsoring body shall, within a maximum period of two years,

submit to the Government through the Secretary to Government

(Education) an unambiguous affidavit alongwith the documents to the

effect that all conditions referred to in the letter of intent have been

fulfilled.

(ii) The sponsoring body will have the provision to include any

additional details during the period of two years from the time, the letter

of intent is issued and compliance report submitted. The amended part

of the proposal will be reviewed again by the committee and approval

shall be given thereafter.

7.

Compliance report verification committee.— (i) On receiving

the compliance report, the Government shall appoint a committee

consisting of such members, as may be deemed necessary to verify the

compliance report.

(ii) The committee will scrutinize the compliance report and point

out deficiencies, if any, to the sponsoring body for removal thereof. Any

additional information may be sought by the committee for scrutiny.

Besides this, specific recommendations may be communicated to the

sponsoring body for compliance.

(iii)

The sponsoring body shall submit report to the committee

regarding the removal of deficiencies and compliance of the

recommendations communicated as above.

(iv) The committee shall submit its report to the Government

through the Secretary to Government (Education) within a reasonable

period specifying whether the sponsoring body has fulfilled the

requirements and conditions laid down in the letter of intent.

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8. Procedure for withdrawal of letter of intent.— (i) If the

sponsoring body fails to comply with the provisions of letter of intent

within a maximum period of two years from the date of issue of LOI, the

proposal submitted shall stand rejected and the letter of intent issued

to the sponsoring body shall be deemed to have been withdrawn.

(ii) However, the Government may extend the period of LOI if such

request is made by the sponsoring body and the Government is satisfied

in respect of the reasons given by the sponsoring body for the extension

of the letter of intent.

9. Enactment of law for private University.— (i) After receiving a

satisfactory compliance report of the sponsoring body and recommendations

of the inspection committee, the Secretary to Government (Education)

shall table a separate Bill, which shall be placed before the Council of

Ministers for approval.

(ii) After obtaining ‘in-principle’ approval of the Council of

Ministers, the Bill shall be presented for the approval of the Government

of Puducherry.

(iii) After approval of the Government, the draft Bill shall be

referred to the Government of India, seeking prior approval for

introduction of the Bill in the Assembly.

(iv) After introduction and passing of the Bill, the same shall be

reserved for the assent of the Hon'ble Lieutenant-Governor and the

President of India.

(v) Once assent of the President is obtained, the Bill shall be

notified as a separate Act for the establishment and incorporation of

the particular private University, thereby enabling the Government to

issue a gazette notification.

(vi) The following areas broadly need to be addressed in the Act—

(a) Short title and commencement

(b) Definition

(c) Establishment of the University

(d) Conditions for establishment of the University

(e) Objects of the University

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(f) Powers of the University (Governance)

(g) Admissions and Standards

(h) Reservations Policy

(i) Officers of the University

(j) Authorities of the University

(k) Powers to make Statutes

(l) Powers to make Ordinances

(m) Annual Report

(n) Annual Account

(o) Conditions for service of employees

(p) Dispute Resolution

(q) Constitution of Committees

(r) Appointment Policies

(s) Funds- Endowment, General, Maintenance

(t) Program Fees

(u) Various Powers of Government of Puducherry

(v) Dissolution of University

(w) De-recognition of University.

10. Intimation to UGC/MHRD.— (i) The Gazette published

notification enacted for the establishment and incorporation of the

particular private University, shall be sent to UGC and MHRD for

information.

(ii) The sponsoring body will be further required to make an

application to UGC to enlist the newly incorporated University in the

UGC list of authorized Universities.

11. Assessment by National Assessment and Accreditation

Council.— The University shall be required to get itself assessed by

NAAC within three years of its establishment and fulfill all the minimum

requirements/criteria laid down by various statutory bodies for

respective academic programmes.

12. Nodal department.— The Directorate of Higher and Technical

Education shall be the Nodal Department for the implementation of these

guidelines.

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13. Removal of doubts.— In case any doubt arises as to the

interpretation of any of the provisions in the implementation of the above

guidelines, the decision of the Lieutenant-Governor shall be final.

14. Power to relax.— The Government in public interest may relax

any of the provisions of these guidelines in setting up of private

Universities.

————

online publication at “http://styandptg.puducherry.gov.in”

Government Central Press

Directorate of Stationery and Printing

Puducherry-9.