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®ı Amﬂºƒˆ A>[˛wÁ\ 2020 } Û[ | 24 { No. 27 Poudouchéry Mercredi 2 4 Juin 2020

No. Puducherry Wednesday 24th June 2020

(3 Asadha 1942)

GOVERNMENT OF PUDUCHERRY

LAW DEPARTMENT

No. 292/Adv./2019-LD.

Puducherry, the 24th June 2020.

The following Act of the Legislative Assembly, Puducherry, received the assent of the President of India on the 31st day of March, 2020 and is hereby published for general information.

N. MURUGAVEL,

Under Secretary to Government (Law).

[ 223 ] 224 LA GAZETTE DE L'ETAT [PART–II

PUDUCHERRY TECHNOLOGICAL UNIVERSITY

ACT, 2019

(Act No. 4 of 2020)

(31st March 2020)

Act

to provide for the reconstitution of the Pondicherry

Engineering College as Puducherry Technological

University and to incorporate it as an affiliating,

teaching and research University at Puducherry to

facilitate and promote studies, research, technology

incubation, product innovation and extension work

in Technology, Management, Architecture and

Science, and also to achieve excellence in higher

technical education and other matters connected

therewith or incidental thereto.

BE it enacted by the Legislative Assembly of the

Union territory of Puducherry in the Seventieth Year of

the Republic of India as follows:—

1. (1) This Act may be called the "Puducherry

Short title and commencement.

Technological University Act", 2019.

(2) It shall come into force on such date, as the

Government may, by notification in the Official Gazette,

appoint.

Definitions.

2. In this Act, unless the context otherwise

requires,—

(1) "Academic Council" means, the Academic

Council of the University;

(2) "AICTE" means, the All India Council of

Technical Education established under All India Council

of Technical Education Act, 1987;

Act No. 5 2 of 1987.

225

PART–II] LA GAZETTE DE L'ETAT

(3) "Board of Studies" means, the Board of

Studies of the University;

(4) "Campus" means, the unit established or constituted by the University for making arrangements for instruction or research, or both;

(5) "Chancellor" means, the Chancellor of the

University;

(6) "College" means, an affiliated college, an autonomous college and a constituent college or any other institution by whatever name called, imparting teaching, research, training, etc., in Engineering, Technology, Management, Architecture and Advanced Sciences;

(7) "Constituent College" means, any institution

as specified in Schedule I;

(8) "Dean" means, the Dean of a School of the

University;

(9) "Department" means, the Department imparting academic instruction and training to the students of the University;

(10) "Director" means, the Director of the

University;

(11) "Employee" means, any person other than

the teacher appointed by the University;

(12) "Board of Governors" means, the Governing

Body of the University;

(13) "Faculty" means, the teachers appointed by

the University;

(14) "Finance Committee" means, the Finance

Committee of the University;

(15) "Governing Body", in relation to a College or an Institution, means, the Board of Governors or any other Body, by whatever name called, charged with the 226 LA GAZETTE DE L'ETAT [PART–II

management of the affairs of such College or Institution,

as the case may be, and recognized as such by the

University;

(16) "Government" means, the administrator

appointed by the President of India under article 239 of

the constitution;

(17) "Head of a Department" means, the Head of

a Department of the University or of affiliated College/

Institution to and recognized by the University as the case

may be;

(18) "Hostel" means, a unit of residence for the

students maintained or recognized by the University in

accordance with the conditions prescribed;

(19) "Institution" means, an institution,

organization, training centre or other establishment

providing teaching, research, practical training in

Engineering, Technology, Management, Architecture and

Advanced Sciences;

(20) "Notification" means, a notification published

in the Official Gazette of Government of Puducherry;

(21) "Puducherry' means, the Union territory of

Puducherry;

(22) "Prescribed" means, prescribed by Statutes,

Ordinances or Regulations of the University framed under

this Act;

(23) "Principal" means, the Head of an Affiliated

College;

(24) "Pro-Chancellor" means, the Pro-Chancellor

of the University;

(25) "Registrar" means, the Registrar of the

University;

227

PART–II] LA GAZETTE DE L'ETAT

(26) "Regulatory Bodies" mean, such Bodies

established by the Government of India for laying down

norms and conditions for ensuring academic standards of

higher and technical education, such as UGC, AICTE, etc.,

and includes the Government;

(27) "Schedule" means, the Schedules appended

to this Act;

(28) "School" means, the School of the University;

(29) "Society" means, the 'Engineering College

(Pondicherry) Society';

(30) "Student" means, a person who is admitted

to the University or to a College or Institution for

undergoing a course of study for a degree or other academic

distinction duly instituted and is borne on the attendance

(31) "Statutes", "Regulations" and "Ordinances"

mean, the Statutes, Regulations and Ordinances

respectively of the University under this Act;

(32) "Teachers" include Directors, Deans,

Professors, Associate Professors, Assistant Professors

and such other persons imparting academic knowledge,

training and instructions in the University or College as

may be declared by the Statutes to be the Teachers;

(33) "UGC" means, the University Grants

Commission, established under the University Grants

Act No. 3 of 1956.

Commission Act, 1956;

(34) "University" means, the Puducherry

Technological University as constituted under this Act;

(35) "Vice-Chancellor" means, the Vice-Chancellor

of the University.

228 LA GAZETTE DE L'ETAT [PART–II

3. (1) There shall be established a University in

Puducherry by the name of "Puducherry Technological

Establishment of the University.

University";

(2) The University shall be a teaching, research

and an Affiliating University in emerging areas of higher

education with focus on Engineering, Technology,

Management, Architecture and Advanced Sciences and

shall promote innovation, inter-disciplinary education and

research, so as to achieve excellence at National,

International levels, in these areas and in connected fields;

(3) The Principal seat of the University shall be

the Pondicherry Engineering College, Puducherry, or any

other place which the Government may, by notification,

specify in this behalf;

(4) The Chancellor, the Pro-Chancellor, the

Vice-Chancellor, the Board of Governors, the Academic

Council and the Finance Committee of the University, and

all such persons as may hereafter be appointed to such

office or members, so long as they continue to hold office

or membership, are hereby constituted into a Body corporate

in the name of 'Puducherry Technological University';

(5) The University shall be a Body corporate with

the name aforesaid, having perpetual succession, and a

common seal, with power, subject to the provisions of this

Act, to acquire, hold and dispose of property, and to

contract, and may, by the said name 'sue' or 'be sued';

(6) In all suits and other legal proceedings by or

against the University, the pleadings shall be signed and

verified by the Registrar, and all processes in such suits

and proceedings shall be issued to, and served on the

Registrar.

229

PART–II] LA GAZETTE DE L'ETAT

Jurisdiction.

4. (1) Save as otherwise provided by or under this Act, the territorial limits of the area within which the University shall exercise its powers and perform its duties, shall be the Union territory of Puducherry, as defined in Article 1 of the Constitution of India;

(2) On and from the date of coming into force of

this Act, all Colleges (Government, Government sponsored/ Private and Autonomous), proposed to be started within the jurisdiction of the University imparting education and carrying out research in Engineering, Technology, Management, Architecture and Advanced Sciences, shall be affiliated to the University;

(3) No College or Institution located within the jurisdiction of the University imparting education and carrying out research in Engineering, Technology, Management, Architecture and Advanced Sciences, shall be eligible to be affiliated to the University, without the consent of the parent University to which it is affiliated

and sanction of the Government, to such Colleges or Institutions as may agree to accept its Statutes, the Ordinances, regulations and other conditions including those that may be prescribed from time to time and opt for affiliation.

5. On and from the commencement of this Act,- Incorporation of the University.

(1) Any reference to the Pondicherry Engineering College, Puducherry, in any law (other than this Act) or in any contract or other instrument/(s), shall be deemed as a reference to the University;

(2) All property, movable and immovable, of or belonging to the Pondicherry Engineering College and its

constituent College(s), shall vest with the University;

(3) All the rights and liabilities of Pondicherry Engineering College, shall be transferred to, and be the rights and liabilities of the University;

230 LA GAZETTE DE L'ETAT [PART–II

(4) Every person duly employed by the

Pondicherry Engineering College before the

commencement of the Act, shall hold his office or service

in the University by the same tenure, at the same

remuneration and upon the same terms and conditions,

and with the same rights and privileges, as to the pension,

leave and gratuity, provident fund and other matters, as

he/she would have held the same, if, this Act had not been

passed, and shall continue to do so unless and until his/

her employment is terminated by due process of law or

he/she has opted for the University's terms and conditions

of employment as prescribed in the Statutes;

(5) All persons employed by the University after

the commencement of this Act, shall be governed as per

the University policy, in force, and as amended from time

to time;

(6) Notwithstanding anything contained in this

Act, all the students (including research scholars) admitted

to Pondicherry Engineering College before the

establishment of the University under section 3 of this

Act, shall continue to pursue their academic courses and

programmes of study under the enrolment and affiliation

of the Pondicherry University, till their successful

completion of the courses and programmes of study and

award of degrees to them, by the Pondicherry University,

Puducherry.

6. Subject to such law as may be made by Parliament

Objects of the University.

as to the co-ordination and determination of standards in

Institutions of Higher Education or Research and Scientific

and Technical Institutions or subject to such directions as

may, from time to time, be given in regard thereto, by or on

behalf of the Government, the objects of the University

shall be, – 231

PART–II] LA GAZETTE DE L'ETAT

(1) to develop and disseminate the knowledge in the fields of Engineering and Technology, Management, Architecture and Advanced Sciences by teaching, education, training, collaborative, research, innovation, incubation or such other means as the University may deem fit, for the advancement in the quality of life of mankind;

(2) to deliver the required skilled manpower of appropriate kind and quality, and to do the cutting-edge research and innovative technology for the benefit of society locally and globally;

(3) to develop modern and innovative methods of teaching and training in various programmes of study in Engineering and Technology, Management, Architecture and Advanced Sciences;

(4) to promote the discovery of new knowledge through innovative research that encourages entrepreneurship among the younger generations and achieve economic development benefiting our local and global society;

(5) to derive benefits from the ever-growing scientific and technical knowledge in different parts of the world and to advance frontiers of knowledge by research, invention, innovation and product development;

(6) to establish, close association/linkages with Industries by offering technology/design services, or such other means as the University may deem fit, thereby making teaching, training and research in the University relevant to the needs of society and industry at National and International level;

(7) to establish, maintain and manage Colleges, Schools, Departments, Centres of Research Excellence and other Institutions necessary to carry out the objects of the University;

232 LA GAZETTE DE L'ETAT [PART–II

(8) to affiliate or recognize Colleges or Institutions, imparting technical education at Diploma/ Degree level and above, within the jurisdiction of the University;

(9) to function as a leading Resource Centre for Knowledge Management, Incubation and Entrepreneurship Development, in the areas of Engineering and Technology, Management, Architecture and Advanced Sciences;

(10) to contribute to the smooth and effective transfer of technology to the various organizations/ agencies that require them for the betterment of the society;

(11) to develop amongst the youths of this nation, sensitivity towards environment and to inculcate consciousness on the societal needs and solutions to be addressed for the problems being faced by the society;

(12) to participate actively in the formulation of general goals and responsibilities of technical education in the service of mankind and for the nation; and

(13) any other objects that the University may

determine from time to time.

Powers and Functions of the University.

7. Subject to the provisions of this Act and the various regulations and guidelines issued by the Regulatory Bodies and amendments thereof from time to time, the University shall exercise the following powers and discharge the functions namely:-

(1) to frame Statutes, Ordinances and Regulations for carrying out the objects of the University, in accordance with the provisions of this Act;

(2) to establish and manage such Schools/ Departments or Centres of Excellence for education and research as are necessary for the furtherance of the objects of the University;

233

PART–II] LA GAZETTE DE L'ETAT

(3) to provide for education, research and training

in such branches of Engineering and Technology, Management, Architecture and Advanced Sciences, as the University may deem fit, for the advancement and dissemination of knowledge in such branches;

(4) to seek collaborations with other academic Institutions or Universities on mutually acceptable terms and conditions at National or International level;

(5) to seek collaborations with Industry for providing, upgrading and promoting technical education, training and research, innovation and entrepreneurship;

(6) to promote continuous innovation in the instructional system so as to achieve international standards in content delivery;

(7) to prescribe the courses of study and curricula, so as to meet the short and long term needs of the society and the industry, by appropriate methodologies;

(8) to devise schemes for effective and continuous evaluation of students performance, so as to ensure uniformity and promote students trust in the system;

(9) to prescribe the qualifications and eligibility conditions for admitting students to the different courses offered by the University;

(10) to hold examinations and confer Certificates, Diploma, Degrees and other distinctions or titles on persons subject to such conditions as the University may determine, and to withdraw or cancel such Certificates, Diploma, Degrees and other distinctions or titles in such manner as may be prescribed;

(11) to confer honorary degrees or other

distinctions on persons as may be prescribed;

234 LA GAZETTE DE L'ETAT [PART–II

(12) to institute and award Fellowships,

Scholarships, Exhibitions and Prizes as may be prescribed;

(13) to prescribe conditions under which a person

may be deprived of any Certificate, Diploma, Degree or

other distinction to be awarded to him by the University;

(14) to take special measures for spreading

educational facilities among the educationally backward

strata of the society;

(15) to provide for Dual Degrees vis-à-vis other

Universities on reciprocal basis within and outside the

country as prescribed by the Regulatory bodies from time

to time;

(16) to create or abolish, administrative, academic

and non-teaching posts as the University may deem

necessary, from time to time, and to make appointments

thereto;

(17) to prescribe, subject to provisions of this

Act, the terms and conditions of service, including the

rules of conduct and discipline, for the posts of Teachers,

Officers and employees of the University;

(18) to determine salaries, remunerations,

honoraria to the faculty, officers and employees of the

University in accordance with the norms specified by the

Regulatory Bodies from time to time;

(19) to regulate and enforce discipline among

students and employees of the University and to take such

disciplinary measures as may be deemed necessary;

(20) to create fund out of donations and

contributions from private sources with attendant

obligations and engagements not inconsistent with the

objects or standing of the University;

235

PART–II] LA GAZETTE DE L'ETAT

(21) to prescribe fees and other charges for

admission to various courses, examinations and other

services rendered by the University and to demand and

receive the same so prescribed;

(22) to receive donations, gifts and grants and to

acquire, hold, manage and dispose-off any property,

movable or immovable, including trust or endowed property

within or outside the Union territory of Puducherry and to

make grants and advances for furthering its objects and

to invest funds in such manner as the University deems

fit;

(23) to raise or accept loans from Central

Government or Government of Puducherry or the

University Grants Commission and also from other sources

as may be decided by the Finance Committee;

(24) to delegate any of its powers to any other

Officer or Authority of the University;

(25) to appoint persons of eminence working in

any other University or organization or at industries, at

National or International levels, for a specified period, on

mutually agreed terms and conditions or on terms and

conditions as may be prescribed by the University from

time to time;

(26) to approve and recognize faculty of

the University and Affiliated Colleges as research

supervisors/guides for collaborating or supervising

research leading to the award of Ph.D. Degree or Post -

Doctoral Research and to withdraw such approval as may

be prescribed;

(27) to approve and recognize, faculty of other

University/non-affiliating Colleges, Departments, Schools,

centres of excellence and Engineers and Scientists working

in National laboratories under Central/State Government, 236 LA GAZETTE DE L'ETAT [PART–II

for guiding research scholars, leading to the award of

Ph.D. Degree or Post-Doctoral Research and to withdraw such approval in the manner as may be prescribed;

(28) to approve and recognize an institute of higher learning or research and development centers of reputed industries in India, for collaborative research or research leading to Ph.D. Degree or for Post - Doctoral Research;

(29) to declare affiliated Colleges, Departments, Schools and Centres of the university, with their consent, and in the manner prescribed by the regulatory bodies, from time to time, as autonomous and to determine the extent of the autonomy so conferred on them, and the matters in relation to which they may exercise such autonomy;

(30) to constitute inspection committees and to cause such committees to inspect all Affiliated Colleges of the University at the affiliation stage and also during the period of affiliation at regular intervals;

(31) to prescribe fees for affiliations of all Colleges under the jurisdiction of the University and to revise such fees from time to time;

(32) to prescribe a code of conduct for the management of Affiliated Colleges and to initiate appropriate action for violations thereof;

(33) to enforce the standards prescribed by the statutory and regulatory bodies in technical education amongst the Affiliated Colleges and to take appropriate action including dis-affiliation of the College in the event of non-maintenance of prescribed standards, after affording reasonable opportunity for rectification of deficiencies indicated by the inspection committee;

(34) to evolve an operational scheme for enforcing accountability and to prescribe a code of conduct /ethics for the faculty of the University and the Affiliated Colleges;

237

PART–II] LA GAZETTE DE L'ETAT

(35) to evolve an operational scheme for enforcing

accountability and to prescribe a code of conduct/ethics

for the officers and employees of the University;

(36) to make special arrangements and to provide

special facilities in the University that may be prescribed

by the Government/Statutory Bodies in respect of

differently abled and to ensure safety, dignity and welfare

of women;

(37) to make arrangements for promoting the

general health and welfare of the students of the

University;

(38) to evolve and enforce a code of conduct and

discipline for the students of the University; and

(39) to do all such other acts and things as may

be necessary or incidental to the exercise of all or any of

the powers of the University which are considered

necessary for conducive, or incidental to the attainment

of all or any of the stated objects of the University.

8. (1) The University shall be open to persons of

any gender and whatever race, class, caste or creed and it

shall not be lawful for the University to adopt or impose,

University open to all races, classes, castes and creeds.

on any person, any test whatsoever of religious belief or

profession or political opinion, in order to entitle him/her

to be appointed as a teacher of the University, or to hold

any office therein, or to be admitted as a Student of the

University or to graduate there at or to enjoy or exercise

any privilege thereof;

(2) Nothing in this section shall be deemed to

prevent the University from making special provisions for

the appointment or admission of Women, or of persons

belonging to the weaker sections of the society, and in

particular, of persons belongings to the Scheduled Castes

or the Scheduled Tribes;

238 LA GAZETTE DE L'ETAT [PART–II

(3) French Nationals of Indian Origin, who have

been permitted to enjoy long-term residence in the Union territory of Puducherry under the provisions of the Treaty of Cession, shall also be eligible for admission to the University.

Explanation. — Treaty of Cession shall have the same meaning as assigned to it in the Puducherry

(Administration) Act, 1962.

Act No. 4 9 of 1962.

Power to establish off- campus and study centres.

9. (1) The University shall have the power to establish and maintain off-campus Centres, and Study Centres within the jurisdiction of the University, as may be decided by the Board of Governors, from time to time;

(2) The University shall exercise control over the

off-campus Centres and Study Centres in respect of academic, financial and administrative matters, as prescribed by the Ordinances.

Power of Affiliation.

10. The University shall have the power to affiliate or otherwise as its privilege to admit and recognize any other College or Institution as may be prescribed by the

Ordinances.

11. The following shall be the Officers of the

Officers of the University.

University, namely:-

(1) The Chancellor;

(2) The Pro-Chancellor;

(3) The Vice-Chancellor;

(4) The Registrar;

(5) The Controller of Examinations;

(6) The Finance Officer;

(7) The Directors;

(8) The Deans; and

(9) Such other persons as may be declared by the

Statutes to be the Officers of the University.

239

PART–II] LA GAZETTE DE L'ETAT

12. (1) The Lieutenant-Governor of the Union The Chancellor.

territory of Puducherry shall be the Chancellor of the

University;

(2) The Chancellor shall be the Head of the

University and shall, when present, preside over the

Convocation of the University, for conferring Degrees;

(3) No honorary degree shall be conferred by the

University upon any person without the explicit approval

of the Chancellor;

(4) The Chancellor may, by order in writing, annul

any proceedings of the University, which is not in

conformity with the provisions of this Act, the Statutes,

the Ordinances and the Regulations made thereunder;

Provided, that before passing such an order, he/

she shall give a notice, calling upon the University to show

cause, why such an order should not be made, and if, any

cause is shown within the time specified therefor in the

notice, shall consider the same;

(5) The Chancellor shall exercise such other

powers and perform such other duties as may be conferred

on him by this Act or the Statutes.

13. (1) The Secretary to Government (Higher The Pro- Chancellor.

Education) in the Union territory of Puducherry, shall, by

virtue of his office, be the Pro-Chancellor of the University;

(2) The Pro-Chancellor shall preside over the

Convocation in the absence of the Chancellor;

(3) The annual programme of work of the University

shall be referred to the Pro-Chancellor for his information

and any suggestion made by him may be considered by

the Board of Governors.

240 LA GAZETTE DE L'ETAT [PART–II

14. (1) The Vice-Chancellor shall be a whole time

T h e Vice-Chancellor.

officer of the University and shall be a person of academic

eminence, competence, integrity, morals and institutional

commitment, appointed as per the qualifications and norms

as prescribed in the Statutes;

(2) The Vice-Chancellors shall be appointed from

among a panel of three names of persons recommended by

a Search Committee referred to in sub-section (5) of this

section and such a panel shall not contain the name of any

member of the Search Committee;

(3) The identification of a panel of names for the

selection of Vice-Chancellor by a Search Committee shall

be through a public notification in this regard or by

nomination or by a talent search process or a combination

thereof;

(4) The members of the Search Committee shall

be persons of eminence in the sphere of Engineering,

Technology, Management and Advanced Sciences and

shall not be connected in any manner with the University;

(5) For the purpose of sub-section (2), the Search

Committee shall consist of following members to

recommend the names for the appointment as

Vice-Chancellor, namely:-

.. Convener;

(a) A nominee of the Chancellor, who shall

be a person of eminence in the field of

Engineering/Technology, not below

the rank of Vice-Chancellor/Professor

.. Member;

(b) A nominee of the Government

.. Member;

(c) A nominee of Board of the Governors

For the appointment of First Vice-Chancellor,

Secretary to Government (Higher and Technical

Education), Government of Puducherry shall be the

member in place of the nominee of Board of the Governors.

241

PART–II] LA GAZETTE DE L'ETAT

(6) The process for preparing a panel of names shall begin atleast three months before the probable date of occurrence of the vacancy of the Vice-Chancellor;

(7) The Search Committee while preparing the panel, shall adopt a transparent, objective and competitive selection process by giving proper weightage to the academic excellence, exposure to higher education system, academic and administrative experience which must be reflected while including such persons in the panel;

(8) The Search Committee shall recommend unanimously a panel of not less than three names of suitable persons, in alphabetical order. The Search committee shall prepare a report on the suitability of each person included in the panel. In case, the Search Committee fails to make a unanimous recommendation as provided above, each member of the Search Committee may submit one name to the Chancellor. However, non-submission of panel of names by any member of the Search Committee shall not invalidate the appointment of the Vice- Chancellor;

(9) In case, none of the persons recommended by the Search Committee is willing to accept the appointment, or if, none of the persons recommended is acceptable to the Chancellor, then, the Chancellor may constitute a new Search Committee for the purpose and call for a fresh panel of names of persons from such a new Committee;

(10) The Vice-Chancellor shall hold office for a period of five years, or till he attains the age of superannuation as specified by the University Grants Commission from time to time, whichever is earlier, with no provision for re-appointment/extension;

(11) The First Vice-Chancellor may be given an extension for one more term subject to the approval of the Board of Governors.

242 LA GAZETTE DE L'ETAT [PART–II

(12) The term of office of the Vice-Chancellor shall

form part of the service period of the incumbent concerned

making him/her eligible for all service - related benefits;

(13) The amount of remuneration and other terms

and conditions of service of the Vice-Chancellor shall be

in accordance with the norms/regulations of the University

Grants Commission, in this regard;

(14) The terms and conditions of service shall not

be such that the Vice-Chancellor be deprived of his

entitlement in the erstwhile substantive post;

(15) The Vice-Chancellor may, by writing under

his hand addressed to the Chancellor, after giving three

months' notice, resign from his office and shall cease to

hold that office on the acceptance of the resignation by

the Chancellor, or on the date of expiry of the said notice

period, whichever is earlier;

(16) It shall be competent for the Chancellor to

accept the resignation of the Vice-Chancellor;

(17) The Vice-Chancellor stands disqualified to

hold office and may be removed from the office, if, the

Chancellor is of the opinion that,- Before taking steps for

the removal of the incumbent Vice-Chancellor, under

sub-clauses (c) and (d) as mentioned below, a reasonable

opportunity to show cause shall be given to him.

(a) has become insane and stands so declared by

the Competent Authority;

(b) has been convicted by Court of law for any

offence involving moral turpitude;

stands so declared by the Competent

Authority; and 243

PART–II] LA GAZETTE DE L'ETAT

(d) has become physically unfit and incapable of

discharging his official functions, due to

protracted illness or physical disability.

(18) The Vice-Chancellor shall not be removed from

his office except by an order of the Chancellor passed on

the ground of willful omission or refusal to carry out the

provisions of this Act, or abuse of the powers vested in

him and after due inquiry ordered by the Government by

such a person, who is or has been a Judge of a High Court

or the Supreme Court, as may be appointed by the

Chancellor, and in which the Vice-Chancellor shall have an

opportunity of making his representation;

Provided, that where the enquiry is conducted by a

person who is or has been a Judge of High Court or the

Supreme Court, the report of such an inquiry shall be

forwarded to the Government and the Chancellor take a

final decision after considering the enquiry report

submitted in the matter;

(19) When the Vice-Chancellor is unable to

exercise his powers, perform his functions and discharge

his duties owing to absence, illness or any other cause,

the senior most Professor in Engineering shall act as the

Vice-Chancellor of the University;

(20) When the post of the Vice-Chancellor falls

permanently vacant, either by resignation or otherwise,

the vacancy shall be filled by the Chancellor by appointing

another person as the Vice-Chancellor in accordance with

this Act and the Vice-Chancellor so appointed shall hold

office for a full term of five years;

(21) It shall be the duty of the Vice-Chancellor to

ensure that the provisions of the Act, Statutes, Ordinances

and Regulations are strictly observed and that he shall

have all powers necessary for this purpose.

244 LA GAZETTE DE L'ETAT [PART–II

15. (1) The Vice-Chancellor shall be the Principal

Academic and Chief Executive Officer of the University.

Functions of the Vice- Chancellor.

He shall, in the absence of the Chancellor and

Pro-Chancellor preside over the convocation of the

University and shall confer Certificates, Diploma, Degrees

or any other academic distinctions on persons entitled to

receive them;

(2) The Vice-Chancellor shall exercise general

supervision and control over all the affairs of the

University. He shall be responsible for the development

and monitoring of academic and research programmes and

the general administration of the University, so as to

ensure efficiency and good order in the University;

(3) The Vice-Chancellor, by virtue of his office,

shall be the Member and Chairperson of the Board of

Governors, the Academic Council and also of any other

Authority or Body of the University of which he may be a

Member, but, shall not be entitled to vote there at, except

in case of a tie;

(4) The Vice-Chancellor shall have the powers to

convene or cause to be convened the meetings of the Board

of Governors, the Academic Council and the Finance

Committee, or of any of the authorities, bodies or

committees, as per the statutory norms. Special meeting

can also be convened when deemed necessary;

(5) The Vice-Chancellor shall ensure that the

directions issued by and the decisions of the Board of

Governors' are strictly complied with and such authorities

and bodies and implemented;

(6) It shall be the duty of the Vice-Chancellor to

ensure the faithful observance of the provisions of this

Act, Statutes, Ordinances and Regulations and shall

possess all such powers as may be necessary in this behalf;

245

PART–II] LA GAZETTE DE L'ETAT

(7) The Vice-Chancellor shall exercise such other

powers and discharge such other duties as may be assigned

to him by this Act or the Statutes or delegated to him by

the Board of Governors or the Chancellor;

(8) The Vice-Chancellor may take on behalf of the

University such action as he may deem expedient in any

matter which in his opinion, is either urgent or of an

emergent nature or in any matter no Statutes or ordinances

or Regulations have been made so far on that behalf, and

shall report in writing the grounds/reasons thereof

alongwith the action taken by him, for confirmation at the

next meeting of the Board of Governors or Authority or

Body which, in the ordinary course, would have dealt with

the matter;

Provided, that if, the action taken by the Vice-

Chancellor is not approved by the Authority or Body

concerned, the matter shall immediately be referred to the

Chancellor, whose decision thereon shall be final;

Provided further, that where any such action taken

by the Vice-Chancellor affects any person in the service of

the University, such a person shall be entitled to prefer,

within thirty days from the date on which he receives notice

of such action, an appeal to the Board of Governors;

(9) If, the Vice-Chancellor is of the opinion that

any decision of any Authority of the University is beyond

the power of the Authority conferred by the provisions of

this Act, the Statutes or the Ordinances or that any

decision taken is not in the interest of the University, the

Authority concerned may be asked to review its decision

within sixty days of such decision, and if, the Authority

refuses to review the decision either in whole or in part, or

no decision is taken by it within the said period, the matter

shall be referred to the Chancellor, whose decision thereon

shall be final;

246 LA GAZETTE DE L'ETAT [PART–II

(10) The Vice-Chancellor shall appoint the Teachers of the University based on the recommendations of the Selection Committee constituted for the said purpose and in such a manner as may be prescribed by statutes, and with the approval of the Board of Governors;

(11) The Vice-Chancellor shall appoint all Officers of the University and above the rank of Deputy Registrar based on the recommendations of the Selection Committee constituted for the said purpose and in such manner as may be prescribed by Statutes, and with the approval of the Board of Governors;

(12) The Vice-Chancellor shall have full financial power to make expenditure, provided that the expenditure shall not exceed the budget allotment approved by the Board of Governors;

(13) As the Chairperson of the authorities or bodies or committees of the University, the Vice-Chancellor shall have the power to suspend a member from the meeting of the authority, body or committee, for obstructing or stalling the proceedings, or for indulging in behavior unbecoming of a member, and shall report the matter accordingly to the Board of Governors, for necessary further action.

(14) Subject to the provisions of the Statutes and Ordinances, the Vice-Chancellor shall have the power to suspend, discharge, dismiss or otherwise take any disciplinary action against the staff of the University, after giving them reasonable opportunity to defend;

(15) The Vice-Chancellor shall have the power to withhold or cancel the results of any candidate in any University examination after proper scrutiny and on valid grounds;

(16) The Vice-Chancellor shall appoint the members of Committees in accordance with the Act or Statutes or Ordinances;

247

PART–II] LA GAZETTE DE L'ETAT

(17) Report on the progress of the University shall

be placed before the Board of Governors on the various

works done/activities carried out by the University

periodically. Further, he shall be responsible for the

presentation of the annual financial estimates and the

annual accounts and balance sheet before the Board of

Governors;

(18) The Vice-Chancellor may make short-term

engagement, for a period not exceeding six months, of such

persons as he may deem necessary for the functioning of

the University provided that such temporary appointments

never exceed 25% or 50 in number of total staff strength

whichever is less; Provided further that such temporary

appointees shall fulfill all qualifications and reservation

norms and further that due process of recruitment through

employment exchange is observed;

(19) The Vice-Chancellor shall exercise such other

powers and perform such other duties, as may be conferred

by or under this Act, Statutes and Ordinances.

16. (1) The Registrar, the Controller of

Examinations, and the Finance Officer shall be whole time

Officers of the University and shall be appointed by the

Board of Governors, in the manner as specified in the

Schedule/Statutes, as the case may be;

The Registrar, the Controller of Examina- tions, the Finance Officer, the Directors and the Deans.

(2) The Directors and the Deans shall be appointed

by the Vice-Chancellor generally by seniority for a period

of three years;

(3) The salary and allowances payable to the

Officers as specified in the sub-section (1) and (2) above,

the conditions of service and the powers to be exercised

and the functions to be performed by them, shall be as

specified in the Schedule and as prescribed in the Statutes.

248 LA GAZETTE DE L'ETAT [PART–II

17. The following shall be the Authorities of the

University, namely:-

Authorities of the University.

(a) Board of Governors;

(b) Academic Council;

(d) Planning Board;

(e) Research Committee;

(f) Board of Studies;

(g) Selection Committees; and

(h) Building and Works Committee;

(i) Such other Authorities as may be established

under the Statutes.

The Board of Governors.

18. (1) The Board of Governors shall be the Chief Executive Body of the University to be constituted by the Chancellor of the University and shall consist of a Chairperson, to be nominated by the Chancellor, who shall be an eminent and distinguished Academician or an Education Administrator of the rank of atleast Secretary to Government with atleast three years of experience in Higher Education Administration for Puducherry Technological University, Ex officio Members and nominated members as under:-

Ex officio Members:

(a) The Vice- Chancellor;

(b) The Secretary to Government (Finance), Government of Puducherry, or his nominee not below the rank of Deputy / Under Secretary to the Government of Puducherry;

(c) The Nominee of Secretary to Government (Higher and Technical Education), Government of Puducherry not below the rank of Deputy / Under Secretary to the Government of Puducherry;

249

PART–II] LA GAZETTE DE L'ETAT

Nominated Members:

(a) Two National eminent representatives from

Industry to be nominated by the Government,

based on the recommendations of the

Vice-Chancellor;

(b) Two Eminent Academicians to be nominated

by the Government, based on the

recommendations of the Vice-Chancellor;

(c) One Eminent Technologists or Scientists from

National Research Laboratories in the rank of

Advisor to Government of India to be

nominated by the Government, based on the

recommendations of the Vice-Chancellor;

(d) One Dean and One Director of the University,

to be nominated by the Vice-Chancellor;

(e) Two Professors of the University, to be

nominated by the Vice- Chancellor; and

(f) One Principal of the Affiliated Colleges, to be

nominated by the Vice-Chancellor;

(2) The Registrar shall be the Ex officio Member-

Secretary of the Board of Governors;

(3) The Board of Governors shall ordinarily meet

at least once in three months;

(4) The meetings of the Board of Governors shall

be convened by the Chairperson;

(5) The first Board of Governors meeting shall be

chaired by the Chief Secretary, Government of Puducherry.

(6) The one-third Members amongst the Members

of the Board of Governors shall form the quorum; and 250 LA GAZETTE DE L'ETAT [PART–II

(7) The Member of the Board of Governors shall

be entitled to such allowances, if any, and the sitting fee

from the University, as may be provided in the Regulations.

19. (1) Subject to the provisions of this Act, the

Functions of the Board of Governors.

Board of Governors shall be responsible for the general superintendence, direction and control of the affairs of

the University and shall exercise all the powers of the

University, and shall have the powers to review the decisions of the Academic Council, the Finance Committee

and other Committees or Authorities constituted by the University.

(2) Without prejudice to the provisions of sub-section (1) above, the Board of Governors shall have

the following powers and functions, namely:

(a) to create School of Studies or Departments or Centres or Specialized Laboratories or Colleges

as may be found necessary for running various academic programmes;

(b) to institute courses of study in the University;

(d) to make, modify or repeal the Statutes and approve all Regulations and Rules; provided

that the Board of Governors, while not agreeing with the Statutes, Ordinances and Regulations

shall revert them back to the Academic Council

for its reconsideration, before taking a final decision to modify or repeal;

(e) to consider, modify and approve or cancel the

Ordinances;

(f) to consider and approve the Annual Report,

Annual Statement and Accounts, and the Annual Budget of the University;

251

PART–II] LA GAZETTE DE L'ETAT

(g) to consider and take decisions on the

recommendations of the Finance Committee;

(h) to create and abolish the posts of Officers, Teachers and employees as may be necessary after the consideration of the recommendations

of the Finance Committee;

(i) to make appointment of Officers, Teachers and employees, as may be necessary, on the recommendations of the Selection Committee duly constituted for the purpose;

(j) to specify the procedure and norms for

engaging on casual basis, Teachers and

employees against the sanctioned posts;

(k) to appoint Visiting Professors and Chairs to

the Schools or Departments or Centres of the

University, and to determine the terms and

conditions of such appointment on the

recommendations of the Academic Council;

(l) to approve the emoluments, terms and

conditions of appointment of Officers,

Teachers and employees of the University;

(m) to accept, transfer and otherwise protect the

moveable and immoveable property of the

University;

(n) to create a machinery to arrange, to protect

the intellectual property of the faculty members

by expediting the process of patenting,

and transfer of technology to industry on

royalty/resource sharing basis;

(o) to institute and approve Contributory

Provident Fund or General Provident Fund for

the benefit of officers, teachers and employees

252 LA GAZETTE DE L'ETAT [PART–II

of the University, as the case may be; and

explore the safe avenues of investment of

Provident Fund with Government

undertakings;

(p) to decide upon the form and use of common

seal of the University;

(q) to appoint Standing Committees or Committees

with specific assignments as may be required

for the efficient functioning of the University

from time to time;

(r) to delegate any of the powers to other statutory

authorities and officers who would become

accountable to the consequences of the

decisions;

(s) to regulate and enforce discipline amongst all

the employees in accordance with the Statutes

and Ordinances;

(t) to entertain, adjudicate upon or redress the

grievances of the teachers, employees and the

students of the University, who may, for any

reason, feel aggrieved;

(u) to fix the remuneration and other allowances

payable to the Members of Committees,

invigilators, examiners and others so

specified, after consulting/obtaining the

recommendations of the Finance Committee;

(v) to institute fellowships, scholarships and any

other such assistances, as deemed necessary;

(w) to propose norms and standards for affiliating

Colleges as a constituent College or as an

autonomous College/Department/Centre of the

University; and 253

PART–II] LA GAZETTE DE L'ETAT

(x) to exercise such other powers and perform

such other functions as may be conferred or

assigned to it by or under this Act, the Statutes,

the Ordinances or the Regulations, for

achieving the objects of the University.

20. (1) The term of a nominated Member of the

Board of Governors shall be three years from the date of

his nomination;

Terms of Office and vacancies among Members of the Board of Governors.

(2) The ex-officio Member shall continue to be a Member so long as he holds the office by virtue of which he is the Member of the Board of Governors;

(3) Any vacancy in the Board of Governors occurring before the next reconstitution or before the expiry of the prescribed period shall be filled in the same manner as provided in sub-section (1) of section 18 and such a Member shall hold office for the remaining term of the Member in whose place he is nominated;

(4) The nominated Member shall be eligible for re-nomination for another term, subject to a maximum of two terms i.e., six years;

Provided that the nominated Members are eligible for re-nomination with or without break for a maximum of two terms only;

(5) Any Member may resign from his office by writing under his hand addressed to the Chairperson of the Board of Governors and his resignation shall take effect from the date it is accepted by the Chairperson of the Board of Governors.

Academic Council.

21. (1) The Academic Council shall be the highest academic Body of the University and shall, subject to the provisions of this Act, have control over the entire academic affairs of the University.

254 LA GAZETTE DE L'ETAT [PART–II

The Academic Council shall consist of the following

Members, namely:-

(a) The Vice-Chancellor

.. Chairperson;

.. Members;

(b) The Directors/Deans of the

University

.. Members;

(c) The Chairpersons of Board of

Studies of the University

.. Member;

(d) Three Principal/Director from among the affiliated Colleges, by rotation, to be nominated by the Board of Governors

.. Members;

(e) Three eminent persons to be nominated by the Board of Governors

.. Members;

(f) Three Professors from any other reputed Technical University in India, to be nominated by the

Board of Governors

.. Members;

(g) Two eminent alumni of the University, who are not employees of the University, to be nominated by the Board of Governors

.. Members;

(h) Two eminent Engineers/ Technocrats/Scientists from National Laboratories of India to be nominated by the Board of Governors

(2) The Registrar shall be the ex-officio Member-

Secretary of the Academic Council;

(3) All Members of the Academic Council, other than ex-officio Members, shall hold office for a term of three years;

(4) The Academic Council shall ordinarily meet

atleast once in a calendar year;

255

PART–II] LA GAZETTE DE L'ETAT

(5) The meetings of the Academic Council shall

be convened by the Chairperson;

(6) The one-third Members amongst the Members

of the Academic Council, shall form the quorum;

Functions of the Academic Council.

22. (1) The Academic Council shall recommend measures and steps to improve teaching, research and examinations and shall be responsible for the maintenance of standards thereof by the Schools or Departments or Centres and other Colleges or Institutions maintained by the University or affiliated to the University;

(2) The Academic Council, to achieve the objects of the University, shall work with the support of a Curriculum Development Centre, Examination Wing and other Centres / Committees/ Units related to the academic activities of the University, the composition and functions of which shall be as defined by the Regulations;

(3) In particular and without prejudice to the generality of the foregoing powers, the Academic Council shall have powers-

(a) to make Ordinances and Regulations consistent with this Act and the Statutes relating to all academic matters and to amend and repeal such Ordinances and Regulations; subject to the approval of Board of Governors;

(b) to make recommendations to the Board of Governors with regard to the creation of posts of teachers, non-teaching staff and the abolition thereof;

(c) to make recommendations to the Board of Governors for the institution of Visiting Professors and Chairs, their duties and emoluments thereof;

(d) to make recommendations to the Board of Governors regarding the institution of postgraduate teaching and research;

256 LA GAZETTE DE L'ETAT [PART–II

(e) to recommend to the Board of Governors, Faculty Development Programmes on the recommendation of the Committee thereof or otherwise;

(f) to assess and lay down standards of accommodation, equipment, apparatus, library, maintenance and other physical facilities required for each School or Department or Centre of the University and Affiliated Colleges or Institution;

(g) to consider the reports of various Committees constituted related to all academic matters, inspection of Institutions for maintaining standards of education and to advise the Board of Governors on the follow up action to be taken for the implementation of the reports;

(h) to delegate to the Vice-Chancellor or any of the Committees of the Academic Council, any of its powers; and

(i) to exercise such other powers and perform such other functions as may be conferred or entrusted to it by or under the provisions of this Act or referred to it by the Vice-Chancellor or by the Board of Governors.

23. (1) The Finance Committee shall consist of

Finance Committee. the following persons, namely:-

.. Chairperson;

(a) The Vice-Chancellor

.. Member;

(b) The Secretary to the Government (Finance) or his nominee not below the rank of Deputy/Under Secretary (Finance) to the Government of Puducherry

.. Members;

(c) Two Members of the Board of Governors, out of whom one shall be from outside the University, to be nominated by the Chairperson of the Board of Governors 257

PART–II] LA GAZETTE DE L'ETAT

.. Member;

(d) One of the Chancellor's nominees in the Board of Governors nominated by the Vice-Chancellor

.. Member;

(e) The Director of Higher and Technical Education, Government of Puducherry

.. Member;

(f) The Registrar

(g) The Finance Officer

.. Member- .. Secretary.

(2) The Finance Committee shall atleast meet once

in three months in a year;

(3) The meetings of the Finance Committee shall

be convened by the Chairperson;

(4) One half of the Members of the Finance Committee shall form the quorum for a meeting of the Finance Committee;

(5) The Finance Committee shall advise the Board of Governors on all financial matters and shall have the powers,-

(a) to examine the Annual Accounts and Budget Estimates of the University and to advise the Board of Governors thereon;

(b) to examine the Annual Audit and Action Taken

Reports on audit objection;

(c) to review the financial position of the University and to make recommendations to the Board of Governors on all matters relating to the finances of the University;

(d) to examine and make recommendations to the Board of Governors on all proposals involving expenditure for which no provision has been made in the Budget, or which involves expenditure in excess of the amount provided in the Budget;

258 LA GAZETTE DE L'ETAT [PART–II

(e) to consider all proposals relating to the revision

of pay scales, fixation of honorarium to the

Members of various Committees, travelling

allowance, fee for various courses to be charged

from the students and remuneration to experts,

paper setters, examiners, evaluators, etc. and

(f) to exercise such other powers and perform

such other functions as may be conferred or

imposed upon it by the Regulations;

(g) to approve major policy changes in the pay

recommendations/expenditure pattern relating

to the finances of the University; and

(h) to approve any other financial requirements

before placing it to the Board of Governors.

24. There shall be a Planning Board, constituted

Planning Board.

by the University, the constitution, powers, and functions

of which, shall be as defined in the Statutes.

25. There shall be a Research Committee,

Research Committee.

constituted by the University, the constitution, powers

and functions of which, shall be as defined in the Statutes.

26. A separate Board of Studies shall be attached

Boards of Studies.

to each faculty of teaching. The constitution and functions

of the Board of Studies shall be as prescribed by the

Statutes.

27. There shall be an Affiliation and Academic

Enhancement Committee, constituted by the University.

Affiliation and Academic Enhancement.

The constitution, powers and functions of which, shall be

as defined in the Statutes.

28. There shall be Selection Committees for various

Selection Committee.

categories of posts and its constitution and method of

selection shall be as defined by the Statutes.

259

PART–II] LA GAZETTE DE L'ETAT

Building and Works Committee.

29. There shall be a Building and Works Committee and its constitution and powers shall be as defined by the Statutes.

30. Declaration of other authorities of the University, the constitution, powers and functions of such authorities, shall be as defined in the Statutes.

Other Authorities of the University.

31. The appointment of Officers and employees of

the University, shall be as defined in the Statutes.

Letter of appointment of Officers and employees.

32. The removal of teachers and employees of the

University, shall be as defined in the Statutes.

Removal of Teachers and Employees.

33. (1) The University shall establish a fund to be called the "University Fund" to which shall be credited,-

T h e University Fund.

(a) any contribution or grant or loan received from the Government and the Central Government;

(b) the income of the University from all sources including income from fees and other charges;

(d) all moneys received by the University in any

other manner or from any other source.

(2) All funds of the University shall be deposited in a Nationalized Bank as decided by the Vice-Chancellor.

(3) The funds of the University shall be applied towards the expenses of the University, including expenses incurred in the exercise of its powers and discharge of its functions, by or under this Act. The University shall endeavor to become self-sustain within a period of seven years. However, Government of

Puducherry based on the justification provided may extend

the time by which University will become self-sustain from

time to time for a period not exceeding three years.

260 LA GAZETTE DE L'ETAT [PART–II

34. (1) The University shall maintain proper

Accounts and Audit.

accounts and other relevant records and prepare Annual

Statement of Accounts, including Income and Expenditure

and the Balance Sheet in such form, as may be specified

by notification, by the Government.

(2) An Internal Auditor shall audit the accounts

of the University to ensure concurrent audit of all books

of accounts and such periodical internal audit reports so

prepared, shall be placed before the Finance Committee

for its consideration.

(3) The accounts of the University shall be audited

every year by an Auditor, who shall be a Chartered

Accountant, as defined in the Chartered Accountant

Act No.

Act 1949, or by a firm of Chartered Accountants, to be

3 8

appointed by the Board of Governors.

of 1949.

(4) The accounts of the University certified by the

Chartered Accountant or the firm so appointed, or any

other person authorized in this behalf, together with audit

report thereon, shall be placed before the Board of

Governors and the Board of Governors may issue such

instructions to the University in respect thereof as it deems

fit and the University shall comply with such instructions.

35. (1) The University shall prepare Annual Report

for each financial year containing such particulars as the

Submission of Annual Report.

Board of Governors may specify and shall submit to the

Board of Governors on or before such date as may be

prescribed.

(2) The copy of the Annual Report approved by

the Board of Governors shall be submitted to the

Government and the Government shall cause the same to

be laid before the Legislative Assembly of Puducherry in

accordance with such provisions as may be laid down by

the Government.

261

PART–II] LA GAZETTE DE L'ETAT

36. The University shall with the approval of the

Board of Governors institute Contributory Provident Fund

Contributory Provident fund or General Provident fund.

or General Provident Fund as specified by the Statutes.

Inspection.

37. (1) The Government shall have the right to

cause an inspection, to be made by such person or persons

as it may direct, of the University, its buildings,

laboratories, libraries, press establishments, workshops,

equipment, any College or Institution maintained by or

affiliated to the University, works conducted or done by

the University or the Institution and any income,

expenditure, properties, assets and liabilities of the

University and of any College or Institution maintained

by or affiliated to the University.

(2) The Government shall communicate to the

Board of Governors or to such College or Institution, as

the case may be, its views on the results of such inspection

or enquiry, and may, after considering the opinion of the

Board of Governors or of such College or Institution,

thereon, advise the University or such College or

Institution regarding the action which the Government

considers fit to be taken by the University or by such

College or Institution in the matter concerned, and the

University or such College or Institution shall report to

the Government within such time, as the Government may

direct, the action which is proposed to be taken by the

University to give effect to such advice of the Government.

(3) The Government may, after considering the

report referred to in sub-section (2) advise the University

or such College or Institution, as the case may be, to take

such further action in the matter concerned as may be

specified in that behalf by the Government.

Statutes.

38. Subject to the provisions of this Act, the

Statutes may provide for all or any of the following matters,

namely:-

262 LA GAZETTE DE L'ETAT [PART–II

(a) the procedure at the meetings of the

Authorities including the quorum for the

transaction of the business at such meetings;

(b) the authenticity of the orders or decisions of

the University;

of the Authorities of the University in so far as

these have not been specifically provided for

in this Act;

(d) the appointment, the powers and the functions

of the Officers of the University in so far as

these have not been specifically provided for

in this Act;

(e) the qualifications for the selection of the

Vice-Chancellor;

(f) the appointment, qualifications and the method

of selection of members of the faculty and

employees of the University in so far as these

have not been specifically provided for in this

Act;

(g) general terms and conditions of service of the

permanent and contract employees of the

University;

(h) leave rules for the teachers and other

employees of the University;

(i) the constitution of pension, insurance, gratuity

and provident fund for the benefit of officers,

teachers and other employees of the

University;

(j) the holding of convocation to confer

Certificates, Diplomas, Titles, Degrees, and

other academic distinctions;

263

PART–II] LA GAZETTE DE L'ETAT

(k) conferment of honorary Degrees;

(l) transfer of assets and liabilities of employees of certain Institutions to the University;

(m) the norms and procedures for Affiliation of the

affiliated institutions;

(n) All other matters which under this Act are required to be, or may be, prescribed by Statutes; and

(o) Any other matters as may be decided by the

Board of Governors.

Power to make Statutes.

39. (1) The First Statutes of the University with regard to matters setout in Section 38 shall be made and notified by the Government.

(2) The Board of Governors may, from time to time, make Statutes in addition to the First Statutes referred to in Sub-section (1) above, and may amend or repeal Statutes hereafter in the manner provided in this section:

Provided that nothing in the First Statutes referred to in sub-section (1) or in any Statutes made by the Board of Governors under this sub-section shall affect the status, powers or constitution of any existing Authority of the University, until such Authority has been given an opportunity of expressing an opinion on the proposal, and any opinion so expressed shall be in writing and shall be considered by the Board of Governors.

(3) Every Statute or addition to the Statutes, or any amendment or repeal, of the Statutes, shall require the approval of the Chancellor, who may assent thereto or, withhold assent or, remit to the Board of Governors for reconsideration with his suggestions. In case, the Board of Governors passes it again in the same form and manner, and if, the Chancellor is convinced that it is not in the interests of the University, he may disallow such Statute, amendment or repeal.

264 LA GAZETTE DE L'ETAT [PART–II

Ordinances.

40. (1) Subject to the provisions of this Act and

the Statutes, the Ordinances of the University may provide

for all or any of the following matters, namely:-

(a) the admission of Students to the University

and the Colleges or Institutions;

(b) to prescribe the courses of study for all

Degrees, Diplomas and other courses and the

conditions under which the Students shall be

admitted thereto;

various courses;

(d) to design a system to conduct examinations,

evaluation, assessment and grading of

Students' performance;

(e) to promote collaboration between Industries

and other Academic Institutions or

Universities;

(f) the duties and functions of Heads of the

Schools or Departments or Centres;

(g) the conditions of residence and maintenance

of discipline amongst the Students of the

University;

(h) the conditions of award of Fellowships,

Scholarships, Stipends, Medals and Prizes to

the Students and any other such awards as

deemed necessary; and

(i) all other matters which under this Act or the

Statutes are required to be carried out or may

be prescribed for, by an Ordinance.

(2) Save as otherwise provided in this section, the

Ordinances shall be made by the Academic Council.

265

PART–II] LA GAZETTE DE L'ETAT

(3) The Ordinances so made or amended by the Academic Council shall have effect from such date as it may direct, but every Ordinance so made shall be submitted to the Board of Governors for its consideration in its next meeting.

(4) The Board of Governors shall have power by

resolution to modify or cancel any such Ordinance.

Provided that before the Board of Governors decides to modify or cancel any such ordinance, it will revert to Academic Council for its reconsideration. After that, if, the situation warrants, the Board of Governors may take a final decision to modify or cancel the academic ordinance in question subject to the provisions under sub- section (2) of section 44.

Regulations.

41. The Authorities of the University shall make Regulations consistent with this Act, the Statutes and the Ordinances, for all or any other matters which by this Act, Statutes and Ordinances are to be provided for by Regulations, and also for any other matter not provided for in the Act, Statutes and Ordinances, for conducting their own business and that of their Committees.

Delegation.

42. The Vice-Chancellor may, subject to the provisions of this Act, delegate such powers or duties conferred or imposed by or under this Act as may be prescribed by the Statutes to an Officer of the University under his direct administrative control.

Subject to the provisions of this Act,-

(a) The Board of Governors may delegate any of its powers or duties, conferred or imposed by or under this Act to-

(i) the Vice-Chancellor ; or

(ii) a Committee constituted from amongst its

own Members; or

(iii) a Committee appointed in accordance

with the Statutes.

266 LA GAZETTE DE L'ETAT [PART–II

(b) The Finance Committee may delegate any of

its powers or duties, conferred or imposed by

or under this Act to-

(i) the Vice-Chancellor; or

(ii) a Committee constituted from amongst its

own Members.

43. Students shall be eligible for admission to the

various courses of study instituted by the University and

Examinations and Admissions.

shall be admitted to examinations of various Certificates,

Diplomas, Degrees and other distinctions, as may be

prescribed by the Regulations.

44. (1) The Authorities of the University may make

Regulations consistent with the provisions of this Act and

the Statutes in the manner prescribed for conduct of their

Making Amendment, Repeal and Operations of Regulations.

own business and that of the Committees, if any, appointed

by them, not provided by this Act or the Statutes.

(2) The Authorities of the University may, from

time to time, make new or additional Regulations or may

amend or repeal the existing Regulations:

Provided that the Authorities of the University shall

not propose the Draft of Amendment of the Regulations

affecting the status, powers, constitution of any existing

Authority of the University, until such Authority has been

given an opportunity of expressing an opinion upon the

proposal, and any opinion so expressed shall be in writing

and shall be considered by the Authorities of the

University.

45. The Annual Report of the University shall be

Annual report.

prepared and submitted by the Board of Governors to the

Government, which shall, as soon as may be, cause the

same to be laid before the Legislative Assembly of

Puducherry.

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PART–II] LA GAZETTE DE L'ETAT

Annual

46. A copy of the A nnual accounts together with

Accounts.

the audit report, shall be submitted to the Government,

which shall, as soon as may be, cause the same to be laid

before the Legislative Assembly of Puducherry.

47. The Board of Governors may associate with

itself in such manner and for such purpose as may be

Association of Other Persons with the Board of Governors.

determined by Regulations and any person whose

assistance or advice it may require in complying with any

of the provisions of this Act.

48. Every Authority of the University shall have

power to appoint Committees which may, unless otherwise

provided in this Act, consist of such members of the

Constitution of Committees by Authorities of t h e University.

Authority and such other persons as it may think fit.

49. If, any question arises whether a person has

been duly nominated or appointed or is entitled to be a

Disputes about Constitution of Authorities and Bodies.

Member of any Authority or Body of the University, the

matter shall be referred to the Chancellor, whose decision

thereon shall be final.

50. The Board of Governors shall remove any

person from membership of any Authority on the ground

Removal from Membership of an Authority.

that such person was convicted of an offence involving

moral turpitude.

51. (1) All faculty members and other employees

Absorption of employees.

from the Central Government, Central University or

Autonomous Bodies of Central Government, Government

of Puducherry,Government Departments/State University

or Autonomous Bodies of Government of Puducherry,

Public Sector Undertakings appointed/taken on

secondment basis in public interest in the University, shall

be allowed to exercise their option whether or not they

wish their services to be taken over by the University.

However, the final right to entertain the option for

permanent absorption in the University will remain with the Board of Governors;

268 LA GAZETTE DE L'ETAT [PART–II

(2) Where a faculty member or other employee of Central Government/Central University/Autonomous

Bodies of Central Government, Government of Puducherry/

Government Departments/State University or Autonomous Bodies of Government of Puducherry/Public Sector

Undertaking including a Statutory Body, is permanently absorbed in the University, such past services rendered

by him/her which would have been counted for retirement benefits in that Government/Organization in normal course,

shall count for retirement benefits payable by the

University, subject to the following conditions:

(a) The transfer is with the consent of the parent

Government/Organization, and is in public interest;

(b) The employee has not opted to receive

pro-rata retirement benefits from the parent Government/Organization;

Body, discharges its pension liability, by paying in lump sum or by a one-time payment,

the terminal benefits due to the employee such

as, pro-rata pension, service gratuity/terminal gratuity and other benefits normally accrued/

due to him for the services rendered by him upto the date of absorption in the University;

(d) In case, the employee is on Provident Fund or

Contributory Pension Scheme, the accumulations in the Provident Fund or

Contributory Pension Fund account shall be transferred to the Scheme account of the

University and the capitalized value of gratuity, if any, is transferred by the parent Government/

Organization to the University at the time of

permanent absorption. If, however, the 269

PART–II] LA GAZETTE DE L'ETAT

employee has opted, within one year of permanent absorption, for counting past service rendered in the parent B ody as qualifying for pension by foregoing employer's share of Provident Fund or Contributory Pension Scheme contribution with interest, such accumulations alongwith capitalized value of gratuity, if any, be transferred by the parent Organization to the University at the time of permanent absorption.

(3) When a faculty/employee of the Government, as aforesaid, is permanently absorbed in the University, his past services shall be counted for retirement benefits payable by the University provided that the transfer is certified to be in public interest of which the Board of Governors of the University shall be the sole judge, subject to the following:-

(a) The transfer is with the consent of the concerned Government/University/ Autonomous Body of the Government or Public Sector Undertaking;

(b) The Government/University/Autonomous Body of the Government or Public Sector Undertakings concerned pays to the University at the time of his permanent absorption in the University, the capitalized value of the retirement benefits in respect of past service of the faculty/employee in that Organization; and

(c) In case, the faculty/employee in question is on Provident Fund or Contributory Provident Fund Scheme, the accumulations in his Provident Fund or Contributory Provident Fund account shall be transferred by parent Department to the University at the time of permanent absorption.

270 LA GAZETTE DE L'ETAT [PART–II

52. If, any difficulty arises in giving effect to the

provisions of this Act, the Government may, by order

Power to remove difficulties.

published in the Official Gazette, make such provisions,

not inconsistent with the provisions of this Act, as may

appear to it to be necessary or expedient for removing the

difficulty.

Provided, that no such order shall be made after

the expiry of two years from the date on which this Act

received the assent of the President of India.

53. Notwithstanding anything contained in this

Transitional provisions.

Act,- (1) The Board of Governors of Pondicherry

Engineering College constituted and functioning

immediately before the commencement of this Act, shall

continue to so function, until a new Board of Governors is

constituted for the University under this Act. However,

on the constitution of the Governing Board of Governors

under this Act, the Members of the Pondicherry

Engineering College holding office before such

constitution shall cease to hold office; and

(2) The Academic Council constituted by

Pondicherry Engineering College before the

commencement of this Act shall be deemed to be the

Academic Council constituted for the purpose of this Act,

until the Academic Council is constituted under this Act.

However, on the constitution of the Academic Council

under this Act, the Members of the Academic Council of

Pondicherry Engineering College holding office before

such constitution shall cease to hold office.

54. No Act or proceedings of any authority or any

other Body of the University shall be invalid merely by the

reason of the existence of a vacancy or vacancies among

its Members.

Proceedings of University Authorities or Bodies not invalidated by vacancies.

271

PART–II] LA GAZETTE DE L'ETAT

Protection of action taken in good faith.

55. No suit or legal proceedings shall lie against any officer or any employee of the University for anything which is done in good faith or intended to be done in

pursuance of any provisions of this Act, the Statutes and the Ordinances.

Mode of proof of University record.

56. A copy of any receipt, application, notice, order, proceeding, resolution of any authority or Committee of the University or other documents in possession of the University or any entry in any register duly maintained by

the University, if certified, by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding or resolution, documents or the existence of entry in the register and shall be admitted so as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in

evidence, notwithstanding anything contained in the Evidence Act, No.1 of 1872, or in any other Indian law for the time being in force.

Official Gazette Publications.

57. Every Statute, Ordinance or Regulation made under this Act shall be published in the Official Gazette of Government of Puducherry.

SCHEDULE - I

[See Section 2(7)]

Constituent Colleges:

Perunthalaivar Kamarajar Institute of Engineering

and Technology, Karaikal.

SCHEDULE - II

[See Section 11]

OFFICERS OF THE UNIVERSITY

The Registrar.

1. (1) The Professor/Administrator in the rank of Professor with atleast three years of administrative experience shall be appointed as the Registrar by the Board of Governors on the recommendations of the Selection 272 LA GAZETTE DE L'ETAT [PART–II

Committee constituted for the purpose as defined in the

Statutes. However, the first Registrar shall be appointed

for a period of three years by the Chancellor on the

recommendations of the Government;

(2) The terms and conditions of service of the

Registrar shall be such as may be determined by the Board

of Governors;

Provided that the Registrar shall retire on attaining

the age as may be prescribed by University Grants

Commission, from time to time, or till he attains the age of

superannuation, whichever is earlier;

(3) The Registrar shall be the ex-officio Member-

Secretary of the Board of Governors and the Academic

Council;

(4) The Registrar shall be eligible for

re-appointment one more term only.

(5) The Registrar shall discharge his functions

under the superintendence, direction and guidance of the

Vice-Chancellor.

1A. The Registrar shall-

Functions of the Registrar.

(1) be the custodian of the records, the common

seal and such other property of the University as the Board

of Governors may commit to his charge;

(2) issue notice to convene meetings of the Board

of Governors, Academic Council and any Committees

appointed by the Authorities;

(3) issue and keep the minutes of all the meetings

of the Board of Governors, the Academic Council and any

other Committees appointed by the Authorities;

(4) conduct the official correspondence of the

Board of Governors, the Academic Council and any other

Committees appointed by the Authorities;

273

PART–II] LA GAZETTE DE L'ETAT

(5) place before the Board of Governors and other Authorities of the University, all such information or

documents as may be necessary for transaction of its business;

(6) represent the University in suits or proceedings by or against the University, sign Power of Attorney and verify pleadings or depute his representative for the purpose and discharge his function under the

superintendence, direction and guidance of the Vice- Chancellor and perform such other duties as may be assigned to him by the Vice-Chancellor or the Board of Governors from time to time.

2. (1) The Controller of Examinations shall be appointed on tenure basis for a period of three years by

The Controller of Examinations.

the Board of Governors on the recommendations of the Selection Committee constituted for the purpose as defined in the Statutes, which can be extended for another term. However, the first Controller of Examinations shall be appointed by the Chancellor on the recommendations of the Vice-Chancellor.

(2) The terms and conditions of the Controller of Examinations shall be such as may be determined by the Board of Governors:

Provided that the Controller shall retire on attaining the age as may be prescribed from time to time by the University Grants Commission, or on attaining the age of

superannuation, whichever is earlier.

(3) The Controller shall discharge his functions under the superintendence, direction and guidance of the Vice-Chancellor.

2A. The powers and functions of the Controller of

Examinations shall be,-

Functions of the Controller of Examinations.

(1) to prepare and announce in advance the

Academic Calendar and schedule of examinations;

274 LA GAZETTE DE L'ETAT [PART–II

(2) to conduct examinations;

(3) to arrange for the setting up of question

papers with strict regard to secrecy;

(4) to arrange for evaluation and re-evaluation of

answer scripts and declaration and publication of results

of all the examinations and tests within the prescribed

schedule;

(5) to review the system of examinations in order

to enhance the level of impartiality and objectivity;

(6) to postpone or cancel examination, in part or

in whole, in the event of malpractices or if, the

circumstances so warrant, and take disciplinary action or

initiate any civil or criminal proceedings against any person

or a group of persons or a College or an Institution alleged

to have committed malpractices;

(7) to take disciplinary action wherever necessary

against the candidates, paper setters, examiners,

moderators, or any other persons connected with the

examinations and found guilty of malpractices in relation

to the examinations;

(8) to review from time to time, the results of

University examinations and forward reports thereon to

the Academic Council;

(9) perform such other duties as may be assigned

to him by the Vice-Chancellor or the Board of Governors

from time to time.

The Finance

3. (1) The Finance Officer shall be appointed by

Officer.

the Board of Governors on the recommendations of the

Selection Committee constituted for the purpose for a

period of three years in the first instance. However, the

first Finance officer shall be appointed by the Chancellor

by the recommendations of the Vice-Chancellor.

275

PART–II] LA GAZETTE DE L'ETAT

(2) The terms and conditions of service of the

Finance Officer shall be such as may be determined by the

Board of Governors:

Provided that the Finance Officer shall retire on

attaining the age as may be prescribed from time to time

by the University Grants Commission, or on attaining the

age of superannuation, whichever is earlier.

(3) The Finance Officer shall be the ex-officio

Member-Secretary of the Finance Committee.

3A. (1) The Finance Officer shall —

Functions of the Finance Officer.

(a) exercise general supervision over the funds of

the University and advise the Board of

Governors and the Finance Committee as

regards its financial policies; and

(b) perform such other financial functions as may be assigned to him by the Vice-Chancellor or

the Board of Governors from time to time :

Provided that the Finance Officer shall not

incur any expenditure exceeding rupees one

lakh or such other amount as may be fixed by

the Board of Governors without the prior

approval of the Competent Authority.

(2) Subject to the control of the Vice-Chancellor

and the Board of Governors, the Finance Officer shall,-

(a) ensure compliance of financial rules and

regulations as prescribed by the University;

(b) be responsible for proper and timely

investment of University funds with the

approval of the Vice-Chancellor;

(c) be responsible for getting internal and external

audit of the books of accounts of the

University;

276 LA GAZETTE DE L'ETAT [PART–II

(d) see that the limits fixed by the Finance Committee for recurring and non-recurring expenditure for a year are not exceeded and the money is expended or spent for the purposes for which it was granted or allotted;

(e) be responsible for the preparation of the Annual Accounts and the Budget of the University and for their presentation to the Board of Governors after they have been considered by the Finance Committee;

(f) keep a constant watch on the cash and bank

balances and investments;

(g) watch the progress of collection of revenues and advise on the methods of collection employed;

(h) bring to the notice of the Vice-Chancellor any unauthorized expenditure or any other financial irregularity and suggest appropriate action against the defaulters;

(i) seek any information or report from any office of the University including affiliating Colleges that he may consider necessary for the performance of his functions; and

(j) perform such other financial functions as may be assigned to him by the Vice-Chancellor or the Board of Governors from time to time.

Any receipt given by the Finance Officer or by the person or persons duly authorized in this behalf by the Board of Governors shall be a sufficient discharge for payment of moneys to the University.

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online publication at "https://styandptg.py.gov.in" Published by The Director, Government Press Printed at: Government Central Press, Puducherry. Posted at: Puducherry HPO on every Tuesday