The Puducherry Technological University Act, 2019
This Act creates the Puducherry Technological University, sets its territorial scope in Puducherry, and requires affiliated colleges and open admissions rules to follow the Act’s conditions.
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This Act creates the Puducherry Technological University, sets its territorial scope in Puducherry, and requires affiliated colleges and open admissions rules to follow the Act’s conditions. This provision sets out how the university and its authorities are governed, including meetings, quorum, fund management, accounts, reports, regulations, inspections, delegation, and statute/ordinance approval.
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The Puducherry Technological University Act, 2019 — segment 1
This Act creates the Puducherry Technological University, sets its territorial scope in Puducherry, and requires affiliated colleges and open admissions rules to follow the Act’s conditions.
Registered with the Registrar Registered No. of Newspapers for India under PY/44/2018-20 No.10410 WPP No. TN/PMG(CCR)/ WPP-88/2018-20 Dated: 24-6-2020 Price : ` 22-00 Amflºƒˆ \VWÈ ∂´E>µ La Gazette de L' État de Poudouchéry The Gazette of Puducherry PART - II E≈©A ÿkπX| EXTRAORDINAIRE EXTRAORDINARY ∂]ÔV´D ÿ√u≈ Publiée par Published by ÿkπX| Autorité Authority sÁÈ : ` 22-00 Prix: ` 22-00 Price: ` 22-00 ®ı Amflºƒˆ A>[˛wÁ\ 2020 } Û[ | 24 { No. 27 Poudouchéry Mercredi 24 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) An 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:— Short title and 1. (1) This Act may be called the “Puducherry 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 Act No. of Technical Education Act, 1987; 52 of 1987. PART–II] LA GAZETTE DE L'ETAT 225 (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; PART–II] LA GAZETTE DE L'ETAT 227 (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 register; (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; Act No. (33) "UGC" means, the University Grants 3 Commission, established under the University Grants 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 Establishment 3. (1) There shall be established a University in of the Puducherry by the name of "Puducherry Technological 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. PART–II] LA GAZETTE DE L'ETAT 229 4. (1) Save as otherwise provided by or under this Jurisdiction. 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. Objects of the 6. Subject to such law as may be made by Parliament 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,– PART–II] LA GAZETTE DE L'ETAT 231 (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 7. Subject to the provisions of this Act and the Functions various regulations and guidelines issued by the of the Regulatory Bodies and amendments thereof from time to University. 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; PART–II] LA GAZETTE DE L'ETAT 233 (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; PART–II] LA GAZETTE DE L'ETAT 235 (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; PART–II] LA GAZETTE DE L'ETAT 237 (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 University any gender and whatever race, class, caste or creed and it open to all races, classes, shall not be lawful for the University to adopt or impose, castes and on any person, any test whatsoever of religious belief or creeds. 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 Act No. 49 (Administration) Act, 1962. of 1962. Power to 9. (1) The University shall have the power to establish off- establish and maintain off-campus Centres, and Study campus and Centres within the jurisdiction of the University, as may study centres. 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 10. The University shall have the power to affiliate Affiliation. or otherwise as its privilege to admit and recognize any other College or Institution as may be prescribed by the Ordinances. Officers of the 11. The following shall be 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. PART–II] LA GAZETTE DE L'ETAT 239 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 The 14. (1) The Vice-Chancellor shall be a whole time 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:- (a) A nominee of the Chancellor, who shall .. Convener; be a person of eminence in the field of Engineering/Technology, not below the rank of Vice-Chancellor/Professor (b) A nominee of the Government .. Member; (c) A nominee of Board of the Governors .. Member; 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. PART–II] LA GAZETTE DE L'ETAT 241 (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; (c) has become an undischarged insolvent and stands so declared by the Competent Authority; and PART–II] LA GAZETTE DE L'ETAT 243 (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 Functions of 15. (1) The Vice-Chancellor shall be the Principal the Vice- Academic and Chief Executive Officer of the University. 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; PART–II] LA GAZETTE DE L'ETAT 245 (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; PART–II] LA GAZETTE DE L'ETAT 247 (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 The Registrar, the Controller Examinations, and the Finance Officer shall be whole time of Examina- Officers of the University and shall be appointed by the tions, the Board of Governors, in the manner as specified in the Finance Officer, the Schedule/Statutes, as the case may be; 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 Authorities of 17. The following shall be the Authorities of the the University, namely:- University. (a) Board of Governors; (b) Academic Council; (c) Finance Committee; (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 18. (1) The Board of Governors shall be the Chief Governors. 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; PART–II] LA GAZETTE DE L'ETAT 249 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. Functions of 19. (1) Subject to the provisions of this Act, the the Board of Board of Governors shall be responsible for the general Governors. 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; (c) to approve the curricula revision on the recommendation of Academic Council; (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; PART–II] LA GAZETTE DE L'ETAT 251 (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, copyright and evolve norms for consultancy 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 PART–II] LA GAZETTE DE L'ETAT 253 (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. Terms of 20. (1) The term of a nominated Member of the Office and Board of Governors shall be three years from the date of vacancies among his nomination; 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 21. (1) The Academic Council shall be the highest Council. 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;
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The Puducherry Technological University Act, 2019 — segment 2
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The Puducherry Technological University Act, 2019 — segment 2
This provision sets out how the university and its authorities are governed, including meetings, quorum, fund management, accounts, reports, regulations, inspections, delegation, and statute/ordinance approval.
(b) The Directors/Deans of the .. Members; University (c) The Chairpersons of Board of .. Members; Studies of the University (d) Three Principal/Director from .. Member; among the affiliated Colleges, by rotation, to be nominated by the Board of Governors (e) Three eminent persons to be .. Members; nominated by the Board of Governors (f) Three Professors from any other .. Members; reputed Technical University in India, to be nominated by the Board of Governors (g) Two eminent alumni of the .. Members; University, who are not employees of the University, to be nominated by the Board of Governors (h) Two eminent Engineers/ .. Members; 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; PART–II] LA GAZETTE DE L'ETAT 255 (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; 22. (1) The Academic Council shall recommend Functions of measures and steps to improve teaching, research and the Academic Council. 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. Finance 23. (1) The Finance Committee shall consist of Committee. the following persons, namely:- .. Chairperson; (a) The Vice-Chancellor (b) The Secretary to the .. Member; Government (Finance) or his nominee not below the rank of Deputy/Under Secretary (Finance) to the Government of Puducherry (c) Two Members of the Board of .. Members; Governors, out of whom one shall be from outside the University, to be nominated by the Chairperson of the Board of Governors PART–II] LA GAZETTE DE L'ETAT 257 (d) One of the Chancellor's .. Member; nominees in the Board of Governors nominated by the Vice-Chancellor (e) The Director of Higher .. Member; and Technical Education, Government of Puducherry (f) The Registrar .. Member; .. Member- (g) The Finance Officer .. 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. Planning 24. There shall be a Planning Board, constituted Board. by the University, the constitution, powers, and functions of which, shall be as defined in the Statutes. Research 25. There shall be a Research Committee, Committee. constituted by the University, the constitution, powers and functions of which, shall be as defined in the Statutes. Boards of 26. A separate Board of Studies shall be attached Studies. to each faculty of teaching. The constitution and functions of the Board of Studies shall be as prescribed by the Statutes. Affiliation 27. There shall be an Affiliation and Academic and Academic Enhancement Committee, constituted by the University. Enhancement. The constitution, powers and functions of which, shall be as defined in the Statutes. Selection 28. There shall be Selection Committees for various Committee. categories of posts and its constitution and method of selection shall be as defined by the Statutes. PART–II] LA GAZETTE DE L'ETAT 259 29. There shall be a Building and Works Committee Building and Works and its constitution and powers shall be as defined by the Committee. Statutes. 30. Declaration of other authorities of the Other University, the constitution, powers and functions of such Authorities of the authorities, shall be as defined in the Statutes. University. 31. The appointment of Officers and employees of Letter of the University, shall be as defined in the Statutes. appointment of Officers and employees. 32. The removal of teachers and employees of the Removal of University, shall be as defined in the Statutes. Teachers and Employees. 33. (1) The University shall establish a fund to be The called the "University Fund" to which shall be credited,- 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; (c) all moneys received by the University by way of bequest, donations, gifts, endowments and other grants, if any; and (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 Accounts and 34. (1) The University shall maintain proper 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 38 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. Submission of 35. (1) The University shall prepare Annual Report Annual for each financial year containing such particulars as the 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. PART–II] LA GAZETTE DE L'ETAT 261 36. The University shall with the approval of the Contributory Provident fund Board of Governors institute Contributory Provident Fund or General or General Provident Fund as specified by the Statutes. Provident fund. 37. (1) The Government shall have the right to Inspection. 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. 38. Subject to the provisions of this Act, the Statutes. 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; (c) the constitution, the powers and the functions 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; PART–II] LA GAZETTE DE L'ETAT 263 (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. 39. (1) The First Statutes of the University with Power to make regard to matters setout in Section 38 shall be made and Statutes. 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; (c) to formulate, modify and revise curriculum of 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. PART–II] LA GAZETTE DE L'ETAT 265 (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. 41. The Authorities of the University shall make Regulations. 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. 42. The Vice-Chancellor may, subject to the Delegation. 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. Examinations 43. Students shall be eligible for admission to the and various courses of study instituted by the University and Admissions. shall be admitted to examinations of various Certificates, Diplomas, Degrees and other distinctions, as may be prescribed by the Regulations. Making 44. (1) The Authorities of the University may make Amendment, Regulations consistent with the provisions of this Act and Repeal and Operations of the Statutes in the manner prescribed for conduct of their 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. Annual 45. The Annual Report of the University shall be 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. PART–II] LA GAZETTE DE L'ETAT 267 46. A copy of the A nnual accounts together with Annual the audit report, shall be submitted to the Government, Accounts. 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 Association of Other Persons itself in such manner and for such purpose as may be with the Board determined by Regulations and any person whose of Governors. assistance or advice it may require in complying with any of the provisions of this Act. 48. Every Authority of the University shall have Constitution of power to appoint Committees which may, unless otherwise Committees by Authorities of provided in this Act, consist of such members of the the Authority and such other persons as it may think fit. University. 49. If, any question arises whether a person has Disputes about Constitution been duly nominated or appointed or is entitled to be a of Authorities Member of any Authority or Body of the University, the and Bodies. matter shall be referred to the Chancellor, whose decision thereon shall be final. 50. The Board of Governors shall remove any Removal from person from membership of any Authority on the ground 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; (c) The Central Government/Autonomous Bodies of Central Government including a Statutory 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 PART–II] LA GAZETTE DE L'ETAT 269 employee has opted, within one year of permanent absorption, for counting past service rendered in the parent Body 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 Power 52. If, any difficulty arises in giving effect to the to remove provisions of this Act, the Government may, by order 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. Transitional 53. Notwithstanding anything contained in this 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. Proceedings 54. No Act or proceedings of any authority or any of University other Body of the University shall be invalid merely by the Authorities or reason of the existence of a vacancy or vacancies among Bodies not invalidated by its Members. vacancies. PART–II] LA GAZETTE DE L'ETAT 271 55. No suit or legal proceedings shall lie against Protection of action taken in any officer or any employee of the University for anything good faith. which is done in good faith or intended to be done in pursuance of any provisions of this Act, the Statutes and the Ordinances. 56. A copy of any receipt, application, notice, Mode of proof order, proceeding, resolution of any authority or Committee of University record. 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. 57. Every Statute, Ordinance or Regulation made Official Gazette under this Act shall be published in the Official Gazette of Publications. 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 1. (1) The Professor/Administrator in the rank of The Registrar. 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. Functions of 1A. The Registrar shall- 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; PART–II] LA GAZETTE DE L'ETAT 273 (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 The Controller appointed on tenure basis for a period of three years by 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 Functions of Examinations shall be,- 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. PART–II] LA GAZETTE DE L'ETAT 275 (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 (a) exercise general supervision over the funds of Officer. 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. ———— 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
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The Puducherry Technological University Act, 2019
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