PONDICHERRY UNIVERSITY ACT 1985

by Usha Rai · April 26, 2015

THE PONDICHERRYUNIVERSITY ACT, 1985

ACT No. 53 OF 1985

4thSeptember, 1985

An Act to establish and incorporate a teaching and affiliatingUniversity in the Union territoryof Pondicherry and toprovide for matters connected therewith or incidental thereto

BE it enacted by Parliament inthe Thirty-sixth Year of the Republicof India as follows: –

1.Short title and commencement:(1) This Act may be called thePondicherry University Act, 1985.

(2) It shall come into force onsuch date as the Central Government may, by notification in the OfficialGazette, appoint.

2.Definitions: In this Act, and in allStatutes made hereunder, unless the context otherwise requires, –

(a) "AcademicCouncil" means the Academic Council of the University;

(b) "academic staff"means such categories of staff as are designated as academic staff by theOrdinances;

(d) "Chancellor" and"Vice-Chancellor" mean, respectively, the Chancellor andVice-Chancellor of the University;

(e)"College" means aCollege maintained by, or admitted to the privileges of, the University;

(f) "Court" means theCourt of the University;

(g) "Department"means a Department of Studies, and includes a Centre of Studies;

(h) "Director" meansany of the Directors referred to in clauses (3), (4) and (5) of section 11;

(i) "employee" meansany person appointed by the University, and includes teachers and other staffof the University;

(j) "ExecutiveCouncil" means the Executive Council of the University;

(k) "Hall" means aunit of residence or of corporate life for the students of the University,College or Institution, provided, maintained or recognised by the University.

(l) "Institution"means an academic institution, not being a College, maintained by, or admittedto the privileges of the University;

(m) "Principal" meansthe Head of a College or an Institution, and includes where there is noPrincipal, the person for the time being duly appointed to act as Principal,and, in the absence of the Principal or acting Principal, a Vice-Principal dulyappointed as such;

(n) "recognisedinstitution" means an institution of higher learning recognised by theUniversity;

(o) "recognisedteachers" means such persons as are recognised by the University for thepurpose of imparting instruction in a College or an Institution admitted to theprivileges of the University;

(p) "School" means a School of Studies of the University;

(q) "Statutes","Ordinances" and "Regulations" mean, respectively, theStatutes, Ordinances and Regulations of the University for the time being inforce;

(r) "teachers of theUniversity" means Professors, Readers, Lecturers and such other persons asmay be appointed for imparting instruction or conducting research in theUniversity or in any College or Institution maintained by the University andare designated as teachers by the Ordinances;

(s) "University"means the PondicherryUniversity.

3.The University: (1) There shall be establisheda University by the name of "PondicherryUniversity".

(2) The headquarters of theUniversity shall be at Pondicherryand it may also establish campuses at such other places within its jurisdictionas it may deem fit.

(3) The first Chancellor andthe first Vice-Chancellor and the first members of the Court, the ExecutiveCouncil and the Academic Council and all persons who may hereafter become suchofficers or members, so long as they continue to hold such office ormembership, are hereby constituted a body corporate by the name of "Pondicherry University".

(4) The University shall haveperpetual succession and a common seal and shall sue and be sued by the saidname.

4.Objects: The objects of the Universityshall be to disseminate and advance knowledge by providing instructional andresearch facilities in such branches of learning as it may deem fit and by theexample of its corporate life, and, in particular, to make special provisionsfor studies in French and for integrated courses for humanity and science inthe educational programmes of the University and to take appropriate measuresfor promoting inter-disciplinary studies and research in the University.

5.Powers of the University: The University shall have thefollowing powers, namely: –

(1) to provide for instructionin such branches of learning as the University may, from time to time,determine and to make provision for research and for the advancement anddissemination of knowledge;

(2) to provide for and organisestudies in French;

(3) to grant, subject to suchconditions as the University may determine, diplomas or certificates to, andconfer degrees or other academic distinctions on the basis of examinations,evaluation or any other method of testing, on persons, and to withdraw any suchdiplomas, certificates, degrees or other academic distinctions for good andsufficient cause;

(4) to organise and toundertake extra-mural studies and extension services;

(5) to confer honorary degreesor other distinctions in the manner prescribed by the Statutes;

(6) to provide instruction,including correspondence and such other courses, to such persons as are notmembers of the University, as it may determine;

(7) to institutePrincipalships, Professorships, Readerships, Lectureships and other teaching oracademic posts required by the University and to appoint persons to suchPrincipalships, Professorships, Readerships, Lectureships or other posts;

(8) to recognise an Institutionof higher learning for such purposes as the University may determine and towithdraw such recognition;

(9) to recognise persons forimparting instruction in any College or Institution admitted to the privilegesof the University;

(10) to appoint persons workingin any other university or organisation as teachers of the University for aspecified period;

(11) to create administrative,ministerial and other posts and to make appointments thereto;

(12) to co-operate orcollaborate or associate with any other university or authority or institutionof higher learning in such manner and for such purposes as the University maydetermine;

(13) to establish suchcampuses, special centres, specialised laboratories or other units for researchand instruction as are, in the opinion of the University, necessary for thefurtherance of its objects;

(14) to institute and awardfellowships, scholarships, studentships, medals and prizes;

(15) to establish and maintainColleges, Institutions and Halls;

(16) to make provision forresearch and advisory services; and for that purpose to enter into sucharrangements with other institutions or bodies as the University may deemnecessary;

(17) to admit to its privilegesColleges and Institutions not maintained by the University; to withdraw all orany of those privileges in accordance with such conditions as may be prescribedby the Statutes; and to recognise Halls not maintained by the University and towithdraw any such recognition;

(18) to declare a College, anInstitution or a Department as an autonomous College or an Institution or aDepartment, as the case may be;

(19) to determine standards foradmission into the University, which may include examination, evaluation or anyother method of testing;

(20) to demand and receivepayment of fees and other charges;

(21) to supervise theresidences of the students of the University and to make arrangements forpromoting their health and general welfare;

(22) to make specialarrangements in respect of women students as the University may considerdesirable;

(23) to regulate and enforcediscipline among the employees and students of the University and take suchdisciplinary measures in this regard as may be deemed by the University to benecessary;

(24) to make arrangements forpromoting the health and general welfare of the employees;

(25) to receive donations andto acquire, hold, manage and dispose of any property, movable or immovable,including trust and endowment properties for the purposes of the University;

(26) to borrow, with theapproval of the Central Government, on the security of the property of theUniversity, money for the purposes of the University;

(27) to do all such other actsand things as may be necessary, incidental or conducive to the attainment ofall or any of the objects of the University.

6.Establishment of certainSchools: The University shall alsoestablish a School for studies in Eastern and Western Thought to be known as"Sri Aurobindo School of Eastern and Western Thought" and anotherSchool for studies in Tamil language and literature to be known as"Subramania Bharati School of Tamil Language and Literature".

7.Jurisdiction: (1) The jurisdiction of theUniversity shall extend to the whole of the Union territory of Pondicherry:

Provided that the Universitymay, at the request of the Administrator of the Union territory of the Andaman andNicobar Islands or of the Union territory of Lakshadweep and with the priorapproval of the Central Government, extend its jurisdiction to thoseterritories.

(2) No college or institutionsituated within the local limits of the jurisdiction of the University shall becompulsorily affiliated to the University and affiliation shall be granted bythe University only to such colleges or institutions as may agree to accept theStatutes and Ordinances.

(3) Any college or institutionadmitted to the privileges of the University shall cease to be associated with,or be admitted to the privileges of, any other university.

(4) No college or institutionsituated within the local limits of the jurisdiction of the University, but notadmitted to its privileges, shall be associated with, or be admitted to theprivileges of, any other university except with the previous approval of theAdministrator of the Union territory in which such college or institution issituated.

8.University open to allclasses, castes and creed: (1) The University shall be open to persons of either sex and ofwhatever race, creed, caste, or class, and it shall not be lawful for theUniversity to adopt or impose on any person any test whatsoever of religiousbelief or profession in order to entitle him to be admitted therein, as ateacher or student, or to hold any office therein, or to graduate thereat;

Provided that nothing in thissection shall be deemed to prevent the University from making specialprovisions for the weaker sections of the people and, in particular, of theScheduled Castes and the Scheduled Tribes.

(2) French nationals of Indianorigin who have been permitted long-term residence in the Union territory ofPondicherry under the provisions of the Treaty of Cession shall also beeligible for admission to the University.

Explanation: Treaty ofCession has the meaning assigned to it in the Pondicherry (Administration) Act,1962.(49 of 1962)

9.Visitor: (1) The President of Indiashall be the Visitor of the University.

(2) The Visitor shall have theright to cause an inspection to be made by such person or persons as he maydirect, of the University, its buildings, laboratories and equipment, and ofany College or Institution maintained by the University or admitted to its privileges;and also of the examinations, teaching and other work conducted or done by theUniversity and to cause an inquiry to be made in like manner in respect of anymatter connected with the administration or finances of the University,Colleges or Institutions.

(3) The Visitor shall, in everycase, give notice of his intention to cause an inspection or inquiry to bemade:

(a) to the University, if suchinspection or inquiry is to be made in respect of the University, College orInstitution maintained by it, or

(b) to the management of theCollege or Institution, if the inspection or inquiry is to be made in respectof a College or an Institution admitted to the privileges of the University,

and the University or themanagement, as the case may be, shall have the right to make suchrepresentations to the Visitor, as it may consider necessary.

(4) After considering therepresentations, if any, made by the University or the management, as the casemay be, the Visitor may cause to be made such inspection or inquiry as isreferred to in sub-section (2).

(5) Where any inspection orinquiry has been caused to be made by the Visitor, the University or themanagement, as the case may be, shall be entitled to appoint a representativewho shall have the right to be present and be heard at such inspection orinquiry.

(6) The Visitor may, if itinspection or inquiry is made in respect of the University or any College orInstitution maintained by it, address the Vice-Chancellor with reference to theresult of such inspection or inquiry, and the Vice-Chancellor shall communicateto the Executive Council the views of the Visitor with such advice as theVisitor may be pleased to offer upon the action to be taken thereon.

(7) The Visitor may, if theinspection or inquiry is made in respect of any College or Institution admittedto the privileges of the University, address the management concerned throughthe Vice-Chancellor with reference to the result of such inspection or inquiry,his views thereon and such advice as he may be pleased to offer upon the actionto be taken thereon.

(8) The Executive Council orthe management, as the case may be, shall communicate through theVice-Chancellor to the Visitor such action, if any, as it proposes to take orhas been taken upon the result of such inspection or inquiry.

(9) Where the Executive Councilor the management does not, within a reasonable time, take action to thesatisfaction of the Visitor, the Visitor may, after considering any explanationfurnished or representation made by the Executive Council or management, issuesuch directions as he may think fit and the Executive Council or management, asthe case may be, shall comply with such directions.

(10) Without prejudice to theforegoing provisions of the section, the Visitor may, by order in writing,annual any proceeding of the University which is not in conformity with thisAct, the Statutes or Ordinances:

Provided that before making anysuch order, he shall call upon the University to show cause why such an order shouldnot be made, and, if any cause is shown within a reasonable time, he shallconsider the same.

(11) The Visitor shall havesuch other powers as may be prescribed by the Statutes.

10.Chief Rector: The Administrator of the Unionterritory of Pondicherry shall be the Chief Rector of the University.

11.Officers of the University: The following shall be theofficers of the University: –

(1) The Chancellor;

(2) The Vice-Chancellor;

(3) The Director of Studies,Educational Innovations and Rural Reconstruction;

(4) The Director of Culture andCultural Relations;

(5) The Director of PhysicalEducation, Sports, National Service and Students Welfare;

(6) The Deans of Schools;

(7) The Registrar;

(8) The Finance Officer; and

(9) Such other officers as maybe declared by the Statutes to be officers of the University.

12.The Chancellor: (1) The Chancellor shall beappointed by the Visitor in such manner as may be prescribed by the Statutes.

(2) The Chancellor shall, byvirtue of his office, be the Head of the University.

(3) The Chancellor shall, ifpresent, preside at the convocations of the University held for conferringdegrees.

13.The Vice-Chancellor: (1) The Vice-Chancellor shallbe appointed by the Visitor in such manner as may be prescribed by theStatutes.

(2) The Vice-Chancellor shallbe the principal executive and academic officer of the University, and shallexercise general supervision and control over the affairs of the University andgive effect to the decisions of all the authorities of the University.

(3) The Vice-Chancellor may, ifhe is of opinion that immediate action is necessary on any matter, exercise naypower conferred on any authority of the University by or under this Act andshall report to such authority the action taken by him on such matter:

Provided that if the authorityconcerned is of opinion that such action ought not to have been taken, it mayrefer the matter to the Visitor whose decision thereon shall be final:

Provided further that anyperson in the service of the University who is aggrieved by the action taken bythe Vice-Chancellor under this sub-section shall have the right to appealagainst such action to the Executive Council within three months from the dateon which decision on such action is communicated to him and thereupon theExecutive Council may confirm, modify or reverse the action taken by theVice-Chancellor.

(4) The Vice-Chancellor shallexercise such other powers and perform such other functions as may beprescribed by the Statutes or Ordinances.

14.Directors: The Directors shall beappointed in such manner and shall exercise such powers and perform such dutiesas may be prescribed by the Statutes.

15.Deans of Schools: Every Dean of a School shallbe appointed in such manner and shall exercise such powers and perform suchduties as may be prescribed by the Statutes.

16.The Registrar: (1) The Registrar shall beappointed in such manner as may be prescribed by the Statutes.

(2) The Registrar shall havethe power to enter into agreements, sign documents and authenticate records onbehalf of the University and shall exercise such other powers and perform suchother duties as may be prescribed by the Statutes.

17.The Finance Officer: The Finance Officer shall beappointed in such manner and shall exercise such powers and perform such dutiesas may be prescribed by the Statutes.

18.Other officers: The manner of appointment andpowers and duties of other officers of the University shall be prescribed bythe Statutes.

19.Authorities of theUniversity: Thefollowing shall be the authorities of the University: –

(1) The Court;

(2) The Executive Council;

(3) The Academic Council;

(4) The Boards of Schools;

(5) The Planning Board; and

(6) Such other authorities asmay be declared by the Statutes to be authorities of the University.

20.The Court: (1) The constitution of theCourt and the term of office of its members shall be prescribed by theStatutes.

(2) Subject to the provisionsof this Act, the Court shall have the following powers and functions, namely: –

(a) to review, from time totime, the broad policies and programmes of the University and to suggestmeasures for the improvement and development of the University;

(b) to consider and passresolutions on the annual report and the annual accounts of the University andthe audit report on such accounts;

(d) to perform such otherfunctions as may be prescribed by the Statutes.

21.The Executive Council: (1) The Executive Councilshall be the principal executive body of the University.

(2) The constitution of theExecutive Council, the term of office of its members and its powers and dutiesshall be prescribed by the Statutes.

22.The Academic Council: (1) The Academic Council shallbe the principal academic body of the University and shall, subject to theprovisions of this Act, the Statutes and Ordinances, co-ordinate and exercisegeneral supervision over the academic policies of the University.

(2) The constitution of theAcademic Council, the term of office of its members and its powers and dutiesshall be prescribed by the Statutes.

23.The Planning Board: (1) There shall be constitutedin the University, a Planning Board, which shall be an authority of theUniversity;

(2) The constitution of thePlanning Board, term of office of its members and its powers and duties shallbe prescribed by the Statutes.

24.Other authorities of theUniversity: Theconstitution, powers and functions of the Boards of Schools and of such otherauthorities, as may be declared by the Statutes to be authorities of theUniversity, shall be prescribed by the Statutes.

25.Power to make Statutes: Subject to the provisions ofthis Act, the Statutes may provide for all or any of the following matters,namely: –

(a) the constitution, powersand functions of the authorities and other bodies of the University, as may beconstituted from time to time;

(b) the election andcontinuance in office of the members of the said authorities and bodies, thefilling of vacancies of members, and all other matters relative to thoseauthorities and other bodies for which it may be necessary or desirable toprovide;

(d) the appointment of teachersof the University and other academic staff and their emoluments;

(e) the appointment of teachersand other academic staff working in any other University or organisation for aspecified period for undertaking a joint project;

(f) the conditions of serviceof employees including provision for pension, insurance and provided fund, themanner of termination of service and disciplinary action;

(g) the principles governingseniority of service of employees;

(h) the procedure forarbitration in cases of dispute between employees or students and theUniversity;

(i) the procedure for appeal tothe Executive Council by any employee or student against the action of anyofficer or authority of the University;

(j) the establishment andrecognition of Students’ Union or associations of teachers, academic staff orother employees;

(k) the participation ofstudents in the affairs of the University;

(l) the conferment of honorarydegrees;

(m) the withdrawal of degrees,diplomas, certificates and other academic distinctions;

(n) the institution offellowships, scholarships, studentships, medals and prizes;

(o) the maintenance ofdiscipline among the students;

(p) the establishment andabolition of Schools, Departments, Halls, Colleges and Institutions;

(q) the conditions under whichColleges and Institutions may be admitted to the privileges of the Universityand the withdrawal of such privileges;

(r) the delegation of powersvested in the authorities or officers of the University; and

(s) all other matters which bythis Act are to be, or may be, provided by the Statutes.

26.Statutes how to be made: (1) The first Statutes arethose set out in the Schedule.

(2) The Executive Council may,from time to time, make new or additional Statutes or may amend or repeal theStatutes referred to in sub-section (1):

Provided that the ExecutiveCouncil shall not make, amend or repeal any Statute affecting the status,powers or constitution of any authority of the University until such authorityhas been given an opportunity of expressing an opinion in writing on theproposed changes, and any opinion so expressed shall be considered by theExecutive Council.

(3) Every new Statute oraddition to the Statute or any amendment or repeal of a Statute shall requirethe ascent of the Visitor who may assent thereto or withhold assent or remit tothe Executive Council for consideration.

(4) A new Statute or a Statuteamending or repealing an existing Statute shall have no validity unless it hasbeen assented to by the Visitor.

(5) Notwithstanding anythingcontained in the foregoing sub-sections, the Visitor may make new or additionalStatutes or amend or repeal the Statutes referred to in sub-section (1) duringthe period of three years immediately after the commencement of this Act:

Provided that the Visitor may,on the expiry of the said period of three years, make, within one year from thedate of such expiry, such detailed Statutes as he may consider necessary andsuch detailed Statutes shall be laid before both Houses of Parliament.

27.Ordinances: (1) Subject to the provisionsof this Act and the Statutes, the Ordinances may provide for all or any of thefollowing matters, namely: –

(a) the admission of studentsto the University and their enrolment as such;

(b) the courses of study to belaid down for all degrees, diplomas and certificates of the University;

(d) the award of degrees,diplomas, certificates and other academic distinctions, the qualifications forthe same and the means to be taken relating to the granting and obtaining ofthe same;

(e) the fees to be charged forcourses of study in the University and for admission to the examinations,degrees and diplomas of the University;

(f) the conditions of award offellowships, scholarships, studentships, medals and prizes;

(g) the conduct ofexaminations, including the term of office and of appointment and the duties ofexamining bodies, examiners and moderators;

(h) the conditions of residenceof the students of the University;

(i) the special arrangements,if any, which may be made for the residence, discipline and teaching of womenstudents and the prescribing of special courses of studies for them;

(j) the appointment andemoluments of employees other than those for who provision has been made in theStatutes;

(k) the establishment ofCentres of Studies, Boards of Studies, Special Centres, specialisedlaboratories and other Committees;

(l) the manner of co-operationand collaboration with other Universities and authorities including learnedbodies or associations;

(m) the creation, compositionand functions of any other body which is considered necessary for improving theacademic life of the University;

(n) such other terms andconditions of service of teachers and other academic staff as are notprescribed by the Statutes;

(o) the management of Collegesand Institutions established by the University;

(p) the supervision andmanagement of Colleges and Institutions admitted to the privileges of theUniversity; and

(q) all other matters which bythis Act or the Statutes may be provided for by the Ordinances.

(2) The first Ordinances shallbe made by the Vice-Chancellor with the previous approval of the CentralGovernment and the Ordinances so made may be amended, repealed or added to atany time by the Executive Council in the manner prescribed by the Statutes.

28.Regulations: The authorities of theUniversity may make Regulations consistent with this Act, has Statutes and theOrdinances for the conduct of their own business and that of the committeesappointed by them and not provided for by this Act, the Statutes or theOrdinances in the manner prescribed by the Statutes.

29.Annual report: (1) The annual report of theUniversity shall be prepared under the direction of the Executive Council andshall be submitted to the Court on or after such date as may be prescribed byStatutes and the Court shall consider the report in its annual meeting.

(2) The Court shall submit theannual report to the Visitor along with its comments, if any.

(3) A copy of the annualreport, as prepared under sub-section (1), shall also be submitted to theCentral Government, which shall, as soon as may be, cause the same to be laidbefore both Houses of Parliament.

30.Annual accounts: (1) The annual accounts andbalance-sheet of the University shall be prepared under the directions of theExecutive Council and shall, once at least every year and at intervals of notmore than fifteen months, be audited by the Comptroller and Auditor-General ofIndia.

(2) The annual accounts whenaudited shall be published in the Gazette of India and a copy of the accountstogether with the report of the Comptroller and Auditor-General shall besubmitted to the Court and the Visitor along with the observations of theExecutive Council.

(3) Any observations made bythe Visitor on the annual accounts shall be brought to the notice of the Courtand the observations of the Court, if any, shall, after being considered by theExecutive Council, be submitted to the Visitor.

(4) A copy of the annualaccounts, together with the report of the Comptroller and Auditor-General,shall also be submitted to the Central Government, which shall, as soon as maybe, cause the same to be laid before both Houses of Parliament.

31.Conditions of service ofemployees: (1) Every employee shall beappointed under a written contract which shall be lodged with the Universityand a copy of which shall be furnished to the employee concerned.

(2) Any dispute arising out ofa contract between the University and any employee shall, at the request of theemployee, be referred to a Tribunal of Arbitration consisting of one memberappointed by the Executive Council, one member nominated by the employeeconcerned and an umpire appointed by the Visitor. The decision of the Tribunalshall be final, and no suit shall lie in any civil court in respect of thematters decided by the Tribunal. Every such request shall be deemed to be asubmission to arbitration upon the terms of this section within the meaning ofthe Arbitration Act, 1940 (10 of 1940)

32.Procedure of appeal andarbitration in disciplinary cases against students: (1) Any student or candidate for an examinationwhose name has been removed from the rolls of the University by the orders orresolution of the Vice-Chancellor, Discipline Committee or ExaminationCommittee, as the case may be, and who has been debarred from appearing at theexaminations of the University for more than one year, may, within ten days ofthe date of receipt of such orders or copy of such resolution by him, appeal tothe Executive Council and the Executive Council may confirm, modify or reversethe decision of the Vice-Chancellor or the Committee, as the case may be.

(2) Any dispute arising out ofany disciplinary action taken by the University against a student shall, at therequest of such student, be referred to a Tribunal of Arbitration and theprovisions of sub-section (2) of section 31 shall, as far as may be, apply to areference made under this sub-section.

33.Right to appeal: Every employee or student ofthe University or of a College or Institution shall, notwithstanding anythingcontained in this Act, have a right to appeal within such time as may beprescribed by the Statutes, to the Executive Council against the decision ofany officer or authority of the University or of the Principal or themanagement of any College or Institution, as the case may be, and thereupon theExecutive Council may confirm, modify or reverse the decision appealed against.

34.Provident and pension funds: (1) The University shallconstitute for the benefit of its employees such pension or provident fund orprovide such insurance schemes as it may deem fit in such manner and subject tosuch conditions as may be prescribed by the Statutes.

(2) Where such provident fundor pension fund has been so constituted, the Central Government may declarethat the provision of the Provident Funds Act, 1925, (19 of 1925) shall applyto such fund, as if it were a Government provident fund.

35.Disputes as to constitutionof University authorities and bodies: If any question arises as to whether any person hasbeen duly elected or appointed as, or is entitled to be, a member of anyauthority or other body of the University, the matter shall be referred to theVisitor whose decision thereon shall be final.

36.Constitution of committees: Where any authority of theUniversity is given power by this Act or the Statutes to appoint committees,such committees shall, save as otherwise provided, consist of the members ofthe authority concerned and of such other person (if any) as the authority ineach case may think fit.

37.Filling of casual vacancies: All casual vacancies among themembers (other than ex officio members) of any authority or other body of theUniversity shall be filled, as soon as conveniently may be, by the person orbody who appointed, elected or co-opted the member whose place has becomevacant and the person appointed, elected or co-opted to a casual vacancy shallbe a member of such authority or body for the residue of the term for which theperson whose place he fills would have been a member.

38.Proceedings of Universityauthorities or bodies not invalidated by vacancies: No act or proceedings of any authority or otherbody of the University shall be invalid merely by reason of the existence of avacancy or vacancies among its members.

39.Protection of action takenin good faith: No suitor other legal proceedings shall lie against any officer or employee of theUniversity for anything which is in good faith done or intended to be done inpursuance of any of the provisions of this Act, the Statutes or the Ordinances.

40.Mode of proof of Universityrecord: A copy of any receipt, application,notice, order, proceeding, resolution of any authority or committee of theUniversity, or other documents in possession of the University, or any entry inany 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 theregister and shall be admitted as evidence of the matters and transactionstherein where the original thereof would, if produced, have been admissible inevidence, notwithstanding anything contained in the Indian Evidence Act, 1872(1 of 1872) or in any other law for the time being in force.

41.Power to removedifficulties: If anydifficulty arises in giving effect to the provisions of this Act, the CentralGovernment may, by order published in the Official Gazette, make suchprovisions, not inconsistent with the provisions of this Act, as appear to itto be necessary or expedient for removing the difficulty:

Provided that no such ordershall be made under this section after the expiry of three years from thecommencement of this Act.

42.Transitional provisions: Notwithstanding anythingcontained in this Act and the Statutes, –

(a) the first Chancellor andthe first Vice-Chancellor shall be appointed by the Visitor and each of thesaid officers shall hold office for a term of five years;

(b) the first Registrar and thefirst Finance Officer shall be appointed by the Visitor and each of the saidofficers shall hold office for a term of three years;

(c) the first Court and thefirst Executive Council shall consist of not more than thirty members andeleven members, respectively, who shall be nominated by the Visitor and shallhold office for a term of three years;

(d) the first Academic Councilshall be constituted on the expiry of a period of six months from thecommencement of this Act and during the said period of six months, the powersof the Academic Council shall be performed by the Planning Board constituted undersection 23;

(e) the first Academic Councilshall consist of not more than twenty-one members, who shall be nominated bythe Visitor and shall hold office for a term of three years:

Provided that if any vacancyoccurs in the above offices or authorities, the same shall be filled byappointment or nomination, as the case may be, by the Visitor, and the personso appointed, or nominated shall hold office for so long as the officer ormember in whose place he is appointed or nominated would have held office, ifsuch vacancy had not occurred.

43.Completion of courses ofstudies in colleges and institutions affiliated to the University: Notwithstanding anythingcontained in this Act, or in the Statutes or the Ordinances, any student of acollege or institution, who, immediately before the admission of such collegeor institution to the privileges of the Pondicherry University, was studyingfor a degree, diploma or certificate of the University of Madras, theUniversity of Calicut or the Andhra University, shall be permitted by thePondicherry University to complete his courses for that degree, diploma orcertificate, as the case may be, and the Pondicherry University and suchcollege or institution shall provide for the instructions and examination ofsuch student in accordance with the syllabus of studies of the respectiveUniversity.

44.Statutes, Ordinances andRegulations to be published in the Official Gazette and to be laid beforeParliament: (1)Every Statute, Ordinance or Regulation made under this Act shall be publishedin the Official Gazette.

(2) Every Statute, Ordinance orRegulation made under this Act shall be laid, as soon as may be after it ismade, before each House of Parliament, while it is in session, for a totalperiod of thirty days which may be comprised in one session or in two or moresuccessive sessions, and if, before the expiry of the session immediatelyfollowing the session or the successive sessions aforesaid, both Houses agreein making any modification in the Statute, Ordinance or Regulation or bothHouses agree that the Statute, Ordinance or Regulation should not be made, theStatute, Ordinance or Regulation shall thereafter have effect only in suchmodified form or be of no effect, as the case may be; so, however, that any suchmodification or annulment shall be without prejudice to the validity ofanything previously done under that Statute, Ordinance or Regulation.

THE SCHEDULE

[Seesection 26(1)]

THE STATUTES OF THE UNIVERSITY

1.The Vice-Chancellor: (1) The Vice-Chancellor shallbe a whole-time salaried officer of the University.

(2) The Vice-Chancellor shallhold office for a term of five years from the date on which he enters upon hisoffice and shall be eligible for re-appointment for not more than another term:

Provided that notwithstandingthe expiry of the said period of five years, he shall continue in office untilhis successor is appointed and enters upon his office:

Provided further that theVisitor may direct that a Vice-Chancellor, whose term of office has expired,shall continue in office for such period, not exceeding a total period of oneyear, as may be specified in the direction.

(3) Notwithstanding anythingcontained in clause (2), a person appointed as Vice-Chancellor shall, if hecompletes the age of sixty-five years during the term of his office or anyextension thereof, retire from office.

(4) The emoluments and otherterms and conditions of service of the Vice-Chancellor shall be as follows: –

(i) There shall be paid to theVice-Chancellor a salary of three thousand rupees per mensem and he shall beentitled, without payment of rent, to use a furnished residence throughout histerm of office and no charge shall fall on the Vice-Chancellor personally inrespect of the maintenance of such residence.

(ii) The Vice-Chancellor shallnot be entitled to the benefits of the University Provident Fund:

Provided that where an employeeof:

(a) the University or Collegeor Institution maintained by, or affiliated to, it; or

(b) any other University orCollege or Institution maintained by, or affiliated to, that University,

is appointed asVice-Chancellor, he shall be allowed to continue to contribute to the providentfund to which he is a subscriber, and the contribution of the University shallbe limited to what he had been contributing immediately before his appointmentas the Vice-Chancellor.

(iii) The Vice – Chancellorshall be entitled to travelling allowances at such rates as may be fixed by theExecutive Council.

(iv)The Vice-Chancellor shallbe entitled to leave on full pay for one-eleventh of the period spent by him onactive service.

(v) The Vice-Chancellor shallalso be entitled, on medical grounds or otherwise, to leave without pay for aperiod not exceeding three months during the term of his office:

Provided that such leave may beconverted into leave on full pay to the extent to which he is entitled to leaveunder sub-clause (iv)

(5) If the office of theVice-Chancellor becomes vacant due to death, resignation or otherwise or if his unable to perform the duties owing to absence, illness or any other cause,the senior-most Director shall perform the duties of the Vice-Chancellor untila new Vice-Chancellor assumes office or until the existing Vice-Chancellorattends to the duties of his office, as the case may be.

2.Powers and duties of theVice-Chancellor: (1) TheVice -Chancellor shall be ex officio Chairman of the Court the ExecutiveCouncil, the Academic Council and the Finance Committee, and shall , in theabsence of the Chancellor, preside at the Convocations of the University heldfor conferring degrees. The Vice-Chancellor shall be entitled to be present at,and to address, any meeting of any authority or other body of the University,but shall not be entitled to vote thereat unless he is a member of suchauthority or body.

(2) It shall be the duty of theVice-Chancellor to see that this Act, the Statues, the Ordinances and theregulations are duly observed, and he shall have all powers necessary to ensuresuch observance.

(3) The Vice-Chancellor shallhave the power to convene or cause to be convened meetings of the court, theExecutive Council, the Academic Council and the Finance Committee.

3.Directors: (1) (a) The Director of Studies, Education Innovations and RuralReconstruction shall be appointed by the Executive Council on therecommendation of the Selection Committee constituted for the purpose and heshall be a whole-time Sakurada office of the University.

(b) The emoluments and otherconditions of service of the Director of Studies, Educational Innovations andRural Reconstruction shall be such as may be prescribed by the Ordinances.

(c) The Director Studies,Educational Innovations and Rural Reconstruction shall hold office for a termof five years from the date on which he enters upon his office or until heattains the age of sixty-five years, whichever is earlier.

(d) Subject to the generalsupervision of the Academic Council, the Director of Studies, EducationalInnovations and Rural Reconstruction shall be responsible for organisingstudies, educational innovations and academic programmes of the University.

(e) The Director of studies,Educational Innovations and Rural Reconstruction shall have such powers andperform such functions in his field as may be determined or delegated to him bythe Academic Council and the Vice-Chancellor.

(2) (a) The Director of Culture andCultural Relations shall be appointed by the Executive Council on therecommendation of the selection committee constituted for the purpose and heshall be whole-time salaried officer of the University.

(b) The emoluments and otherconditions of service of the Director of Culture and Cultural Relations shallbe such as may be prescribed by the Ordinances.

(c) The Director of Culture andcultural relations shall hold office for a term of five years from the date onwhich he enters upon his office or until he attains the age of sixty-fiveyears, whichever is earlier.

(d) Subject to the generalsupervision of the Vice-Chancellor, the Director of Culture and CulturalRelations shall-

(i) co-ordinate teaching andresearch on the Indian culture and its relations with the cultures of othercountries;

(ii) organise dissemination,through various media, of the cultural treasures in the fields of art,literature and music;

(iii) be responsible forrelationship with institutions and agencies of culture of India abroad.

(3) (a) The Director of PhysicalEducation, Sports, National Service and Student Welfare shall be appointed bythe Executive Council on the recommendation of the Selection Committeeconstituted for the purpose and he shall be a whole-time salaried officer ofthe University.

(b) The emoluments and otherconditions of service of the Director of Physical Education, Sports, NationalService and Student Welfare shall be such as may be prescribed by theOrdinances.

(c) The Director of PhysicalEducation, Sports, National Service and Student Welfare shall hold office for aterm of five years from the date on which he enters upon his office or until heattains the age of sixty-five years, whichever is earlier.

(d) The Director of PhysicalEducation, Sports, National Service and Student Welfare shall co-ordinate theactivities of the University in respect of physical education, sports, nationalservice and student welfare and other activities that involve studentparticipation in community development.

(e) The Director PhysicalEducation, Sports, National Service and Student Welfare shall have such otherpowers and perform such other functions in his field as may be determined ordelegated to him by the Executive Council and the Vice-Chancellor.

4.Registrar: (1) Registrar. The Registrarshall be a whole-time salaried officer of the University.

(2) The emoluments and otherterms and conditions of service of the Registrar shall be such as may beprescribed by the Ordinances:

Provided that the Registrarshall retire on attaining the age of sixty years:

Provided further that aRegistrar shall notwithstanding his attaining the age of sixty years, continuein office until his successor is appointed and enters upon his office or untilthe expiry of a period of one year, whichever is earlier.

(3) When the office of theRegistrar is vacant or when the Registrar is by reason of illness, absence, orany other cause, unable to perform the duties of his office, the duties of theoffice shall be performed by such person as the Vice-Chancellor may appoint forthe purpose.

(4) (a) The Registrar shall have power totake disciplinary action against such of the employees, excluding teachers andacademic staff, as may be specified in the orders of the Executive Council andto suspend them pending inquiry, to administer warnings to them or to impose onthem the penalty of censure or the withholding of increment:

Provided that no such penaltyshall be imposed unless the person concerned has been given a reasonableopportunity of showing cause against the action proposed to be taken in regardto him.

(b) An appeal shall lie to theVice-Chancellor against any order of the Registrar imposing any of thepenalties specified in sub-clause (a).

(c) In a case where the inquirydiscloses that a punishment beyond the powers of the Registrar is called forthe Registrar shall upon conclusion of the inquiry, make a report to the Vice-Chancelloralong with his recommendations:

Provided that an appeal shalllie to the Executive Council against an order of the Vice-Chancellor imposingany penalty.

(5) The Registrar shall be exofficio Secretary of the Executive Council, the Academic Council and the Boardsof Schools, but shall not be deemed to be a member of any of these authorities.He shall be ex officio Member-Secretary of the Court.

(6) It shall be the duty of theRegistrar, –

(a) to be the custodian of therecords, the common seal and such other property of the University as theExecutive Council shall commit to his charge;

(b) to issue all noticesconvening meetings of the Court, the Executive Council, the Academic Council,the Board s of Schools, the Boards of studies, the Boards of Examiners and ofany committees appointed by the authorities of the University;

(c) to keep the minutes of allthe meetings of the Court, the Executive Council the Academic Council, theBoards of Schools and of any committees appointed by the authorities of theUniversity;

(d) to conduct the officialcorrespondence of the Court, the Executive Council and the Academic Council;

(e) to arrange for andsuperintend the examinations of the University in accordance with the mannerprescribed by the Ordinances;

(f) to supply to the Visitor,copies of the agenda of the meetings of the authorities of the University assoon as they as issued; and the minutes of such meetings;

(g) to represent the Universityin suits or proceedings by or against the University, sign powers-of-attorneyand verify pleadings or depute his representative for the purpose; and

(h) to perform such otherduties as may be specified in the Statues, the Ordinances or the Regulations oras may be required, from time to time, by the Executive Council or theVice-Chancellor.

5.Finance Officer: (1) The Finance Officer shallbe a whole-time salaried officer of the University.

(2) The emoluments and otherterms and conditions of service of the Finance Officer shall be such as may beprescribed by the Ordinances:

Provided that a Finance Officershall retire on attaining the age of sixty years:

Provided further that theFinance Officer shall, notwithstanding his attaining the age of sixty years,continue in office until his successor is appointed and enters upon his officeor until the expiry of a period of one year, which ever is earlier.

(3) When the office of theFinance Officer is vacant or when the Finance Officer is, by reason of illness,absence or any other cause, unable to perform the duties of his office, theduties of the office shall be performed by such person as the Vice-Chancellormay appoint for the purpose.

(4) The Finance Officer shallbe ex officio Secretary of the Finance Committee, but shall not be deemed to bea member of such Committee.

(5) The Finance Officer shall-

(a) exercise generalsupervision over the funds of the University and shall advise it as regards itsfinancial policy; and

(b) perform such otherfinancial functions as may be assigned to him by the Executive Council or asmay be prescribed by the Statues or the Ordinances;

Provided that the FinanceOfficer shall not incur any expenditure or make any investment exceeding tenthousand rupees without the previous approval of the Executive Council.

(6) Subject to the control ofthe Executive Council, the Finance Officer shall-

(a) hold and manage theproperty and investment of the University including trust and endowed property;

(b) ensure that the limitsfixed by the Executive Council for recurring and non-recurring expenditure fora year are not exceeded and that all moneys are expended on the purposes forwhich they are granted or allotted;

(c) be responsible for thepreparation of annual accounts and the budget of the University and for theirpresentation to the Executive Council;

(d) keep a constant watch onthe state of the cash and bank balances and on the state of investments;

(e) watch the progress of thecollection of revenue and advise on the methods of collection employed;

(f) ensure that the registersof buildings, land, furniture and equipment are maintained up-to-date and thatstock-checking is conducted, of equipment and other consumable materials in alloffices, Special Centres, specialised laboratories, Colleges and Institutionsmaintained by the University;

(g) call for explanation forunauthorised expenditure and for other financial irregularities and suggestdisciplinary action against persons at fault; and

(h) call for from any office,Centre, Laboratory, College or Institution maintained by the university, andinformation or returns that he may consider necessary for the performance ofhis duties.

(7) The receipt of the FinanceOfficer or of the person or persons duly authorised in this behalf by theExecutive Council for any money payable to the University shall be sufficientdischarge for payment of such money.

6.Deans of Schools of Studies: shall be appointed by theVice-Chancellor from among the Professors in the School for a period of threeyears and he shall be eligible for re-appointment:

Provided that a Dean onattaining the age of sixty years shall cease to hold office as such:

Provided further that if at anytime there is no Professor in a School, the Vice-Chancellor, or a Directorauthorised by the Vice-Chancellor in this behalf, shall exercise the power ofthe Dean of the School.

(2) When the office of the Deanis vacant or when the Dean is, by reason of illness, absence or any othercause, unable to perform the duties of his office, the duties of the officeshall be performed by such person as the Vice-Chancellor may appoint for thepurpose.

(3) The Dean shall be the Headof the School and shall be responsible for the conduct and maintenance of thestandards of teaching and research in the School. The Dean shall have suchother functions as may be prescribed by the Ordinances.

(4) The Dean shall have theright to be present and to speak at any meeting of the Boards of Studies orcommittees of the School, as the case may be, but shall not have the right tovote thereat unless he is a member thereof.

7.Heads of Departments: which have more than oneProfessor , the Head of the Department shall be appointed by the ExecutiveCouncil on the recommendation of the Vice-Chancellor from among the Professors.

(2) In the case of Departmentswhere there is only one Professor, the Executive Council shall have the optionto appoint, on the recommendation of the Vice-Chancellor, either the Professoror a Reader as the Head of the Department:

Provided that it shall be opento a Professor or Reader to decline the offer as the Head of the Department.

(3) A person appointed as theHead of the Department shall hold office as such for a period of three yearsand shall be eligible for reappointment.

(4) A Head of a Department mayresign his office at any time during his tenure of office.

(5) A Head of a Departmentshall perform such functions as may be prescribed by the Ordinances.

8.Proctors: (1) Every Proctor shall beappointed by the Executive Council on the recommendation of the Vice-Chancellorand shall exercise such powers and perform such duties as may be assigned tohim by the Vice-Chancellor.

(2) Every Proctor shall holdoffice for a term of two years and shall be eligible for re-appointment.

9.Librarian: (1) Every Librarian shall beappointed by the Executive Council on the recommendation of the SelectionCommittee constituted for the purpose and he shall be a whole-time officer ofthe University.

(2) Every Librarian shallexercise such powers and perform such duties as may be assigned to him by theExecutive Council.

10.Meetings of the court: (1) An annual meeting of theCourt shall be held on a date to be fixed by the Executive Council unless someother date has been fixed by the Court in respect of any year.

(2) At an annual meeting of theCourt, a report on the working of the University during the previous year,together with a statement of the receipts and expenditure, the balance-sheet,as audited, and the financial estimates for the next year shall be presented.

(3) A copy of the statement ofreceipts and expenditure, the balance sheet and the financial estimatesreferred to in clause (2) shall be sent to every member of the Court at leastseven days before the date of the annual meeting.

(4) Twelve members of the Courtshall form a quorum for a meeting of the Court.

(5) Special meetings of theCourt may be convened by the Executive Council or the Vice-Chancellor, or, ifthere is no Vice-Chancellor, by the senior-most Director, or if there is noDirector, by the Registrar.

11.Quorum for meetings of theExecutive Council: Five members of the Executive Council shall form a quorum for ameeting of the Executive Council.

12.Powers and functions of theExecutive Council: (1) The Executive Council shall have the management andadministration of the revenue and property of the University and the conduct ofall administrative affairs of the University not otherwise provided for.

(2) S1ubject to the provisionsof this Act, the Statutes and the Ordinances, the Executive Council shall, inaddition to all other powers vested in it, have the following powers. Namely: –

(i) to create teaching andacademic posts, to determine the number and emoluments of such posts and todefine the duties and conditions of service of Professors, Readers, Lecturersand other academic staff and Principals of Colleges and Institutions maintainedby the University:

Provided that no action shallbe taken by the Executive Council in respect of the numbers, qualification andthe emoluments of teachers and academic staff otherwise than afterconsideration of the recommendations of the Academic Council;

(ii) to appoint suchProfessors, Readers, Lecturers and other academic staff, as may be necessary,and Principals of Colleges and Institutions maintained by the University on therecommendation of the Selection Committee constituted for the purpose and tofill up temporary vacancies therein;

(iii) to create administrative,ministerial and other necessary posts and to make appointments thereto in themanner prescribed by the Ordinances;

(iv) to grant leave of absenceto any officer of the University, other than the Chancellor and theVice-Chancellor, and to make necessary arrangements for the discharge of thefunctions of such officer during his absence;

(v) to regulate and enforcediscipline among employees in accordance with the Statutes and the Ordinances;

(vi) to manage and regulate thefinances, accounts, investments, property, business and all otheradministrative affairs of the University, and for that purpose, to appoint suchagents as it may think fit;

(vii) to fix limits on thetotal recurring and the total non-recurring expenditure for a year on therecommendations of the Finance Committee;

(viii) to invest any moneybelonging to the University, including any unapplied income, in such stocks,funds, share or securities as it shall, from time to time, think fit or in thepurchase of immovable property in India, with the like powers of varying suchinvestments from time to time;

(ix) to transfer or accepttransfers of any movable or immovable property on behalf of the University;

(x) to provide buildings,premises, furniture and apparatus and other means needed for carrying on thework of the University;

(xi) to enter into, vary, carryout and cancel contracts on behalf of the University;

(xii) to entertain, adjudicateupon, and, if thought fit, to redress any grievances of the employees andstudents of the University, who may, for any reason feel aggrieved;

(xiii) to appoint examiners andmoderators and, if necessary, to remove them, and to fix their fees, emolumentsand travelling and other allowances, after consulting the Academic Council;

(xiv) to select a common sealfor the University and provide for the custody and use of such seal;

(xv) to make such specialarrangements as may be necessary for the residence and discipline of womenstudents;

(xvi) to delegate any of itspowers to the Vice-Chancellor, the Directors, the Registrar or the FinanceOffice or such other employee or authority of the University or to a committeeappointed by it as it may deem fit;

(xvii) to institutefellowships, scholarships, studentships, medals and prizes; and

(xviii) to exercise such otherpowers and perform such other duties as may be conferred or imposed on it bythe Act, or the Statutes.

13.Quorum for meetings of theAcademic Council: Nine members of the Academic Council shall form a quorum for ameeting of the Academic Council.

14.Powers of the AcademicCouncil: Subject to the Act, theStatutes and the Ordinances, the Academic Council shall, in addition to allother powers vested in it, have the following powers, namely: –

(a) to exercise generalsupervision over the academic policies of the University and to give directionsregarding methods of instructions, co-operative teaching among Colleges andInstitutions, evaluation of research or improvements in academic standards;

(b) to bring about inter-Schoolco-ordination, to establish or appoint committees or boards, for taking upprojects on an interschool basis;

(c) to consider matters ofgeneral academic interest either on its own initiative or on a reference by aSchool or the Executive Council and to take appropriate action thereon; and

(d) to frame such regulationsand rules consistent with the Statutes and Ordinances regarding the academicfunctioning of the University, discipline, residences, admissions, award offellowships and studentships, fees concessions, corporate life and attendance.

15.The Planning Board: (1) The Planning Board shallconsist of the following members, namely: –

(a) the Vice-Chancellor;

(b) all Directors;

(d) five members of theAcademic Council nominated by the Vice-Chancellor;

(e) two officers of theUniversity nominated by the Vice-Chancellor.

(2) The Vice-Chancellor shallbe the Chairman of the Planning Board and the Director of Studies, EducationalInnovations and Rural Reconstruction shall act as the Secretary to the PlanningBoard and he shall convene the meetings of the Planning Board afterconsultation with the Vice-Chancellor.

(3) The Planning Board shall bethe principal planning body of the University and shall be responsible for-

(a) reviewing the educationalprogrammes offered by the University;

(b) organising the structure ofeducation in the University so as to provide opportunities to students to offerdifferent combinations of subjects appropriate for the development ofpersonality and skills for useful work in society;

(d) developing newteaching-learning processes which will combine the lectures, tutorials,seminars, demonstrations, self-studies and collective practical projects.

(4) The Planning Board shallhave the power to advise on the development of the University and review theprogress of implementation of programmes so as to ascertain whether they are onthe lines recommended by it and shall also have the power to advise theExecutive Council and the Academic Council on any matter in connectiontherewith.

(5) The Academic Council andthe Executive Council shall be bound to consider the recommendations made bythe Planning Board and shall implement such of the recommendations as areaccepted by it.

(6) Such of those recommendationsof the Planning Board as have not been accepted by the Executive Council or theAcademic Council under sub-section (6) shall be submitted by theVice-Chancellor, along with the recommendations of the Executive Council or theAcademic Council, to the Visitor for advice and the advice of the Visitor shallbe implemented by the Executive Council or the Academic Council, as the casemay be.

16.Schools of Studies andDepartments: (1) TheUniversity shall have such Schools of Studies as may be specified by theOrdinances.

(2) Every School shall have aschool Board. The members of the first School Board shall be nominated by theExecuted Council and shall hold office for a period of three years.

(3) The powers and functions ofa School Board shall be prescribed by the Ordinances.

(4) The conduct of the meetingsof a School Board and the quorum required for such meetings shall be prescribedby the Ordinances.

(5) (a) Each School shall consist of such Departments as maybe assigned to it by the Ordinances.

(b) No Department shall beestablished or abolished except by the Statutes:

Provided that the ExecutiveCouncil may, on the recommendation of the Academic Council, establish Centresof Studies to which may be assigned such teachers of the University as theExecutive Council may consider necessary.

(i) teachers of the Department;

(ii) persons conductingresearch in the Department;

(iii) Dean of the School orDeans of the Schools;

(iv) honorary Professors, ifany, attached to the Department; and

(v) such other persons as maybe members of the Department in accordance with the provisions of theOrdinances.

17.Boards of Studies: (1) Each Department shall havetwo Boards of Studies, one for Post-graduate Studies and the other forUnder-graduate Studies.

(2) The constitution of a Boardof Post-graduate Studies and the term of office of its members shall beprescribed by the Ordinances.

(3) The functions of a Board ofPost-graduate Studies shall be to approve subjects for research of variousdegrees and other requirements of research degrees and to recommend to theconcerned School Board in the manner prescribed by the Ordinances: –

(a)courses of studies and appointment of examiners for post-graduate courses, butexcluding research degrees;

(b)appointment of supervisors of research; and

Provided that the abovefunctions of a Board of Post-graduate Studies shall, during the period of threeyears immediately after the commencement of the Act, be performed by theDepartment.

(4) The constitution andfunctions of a Board of Under-graduate Studies and the term of office of itsmembers shall be prescribed by the Ordinances.

18.Finance Committee: (1) The Finance Committeeshall consist of the following members, namely: –

(i) The Vice-Chancellor;

(ii) A Director appointed bythe Executive Council;

(iii) Three persons nominatedby the Executive Council, out of whom at least one shall be a member of theExecutive Council; and

(iv) Three persons nominated bythe Visitor.

(2) Five members of the FinanceCommittee shall form a quorum for a meeting of the Finance Committee.

(3) All the members of theFinance Committee, other than ex officio members, shall hold office for a termof three years.

(4) A members of the FinanceCommittee shall have the right to record a minute of dissent if he does notagree with any decision of the Finance Committee.

(5) The Finance Committee shallmeet at least twice every year to examine the accounts and to scrutiniseproposals for expenditure.

(6) The annual accounts and thefinancial estimates of the University prepared by the Finance Officer shall belaid before the Finance Committee for consideration and comments and thereaftersubmitted to the Executive Council for approval.

(7) The Financial Committeeshall recommend limits for the total recurring expenditure and the totalnon-recurring expenditure, for the total recurring expenditure for the year,based on the income and resources of the University (which, in the case ofproductive works, may include the proceeds of loans).

19.Selection Committees: (1) There shall be SelectionCommittees for making recommendations to the Executive Council for appointmentto the posts of Director, Professor, Reader, Lecturer, Librarian and Principalsof Colleges and Institutions maintained by the University.

(2) The Selection Committee forappointment to the posts specified in column 1 of the Table below shall consistof the Vice-Chancellor, a Director (if any) appointed by the Executive Council,a nominee of the Visitor and the persons specified in the corresponding entryin column 2 of the said Table:

TABLE

———————————————–

1 2

———————————————–

Director Notless than three eminent persons, not in the

serviceof the University or members of the

ExecutiveCouncil or Academic Council to be

nominatedby the Executive Council out of the

panelof not less than six names recommended

bythe Academic Council for their special

knowledgeof, or interest in, the subjects with

whichthe Director to be appointed will be

concerned.

Professor (i)TheHead of the Department concerned, if he

isa Professor.

(ii)One Professor to be nominated by the Vice-

Chancellor.

(iii)Three persons not in the service of the

University,nominated by the Executive Council,

outof a panel of names recommended by the

AcademicCouncil for their special knowledge

of,or interest in, the subject with which the

Professorwill be concerned.

Reader/Lecturer (i)The Head of the Department concerned.

(ii)One Professor to be nominated by the Vice-

Chancellor.

(iii)Two persons not in the service of the

University,nominated by the Executive Council,

outof a panel of names recommended by the

AcademicCouncil for their special knowledge

of,or interest in, the subject with which the

Readeror Lecturer will be concerned.

Librarian (i)Two persons not in the service of the

University,who have special knowledge of the

subjectof Library Science/Library

Administrationto be nominated by the Executive

Council.

(ii)One person not in the service of the

University,nominated by the Executive Council.

Principal of College or Institution Three person not in theservice of the University

maintained by the University of whom two shall be nominated by the

ExecutiveCouncil and one by the Academic

Councilfor their special knowledge of, or

interestin, a subject in which instruction is being

providedby the College or Institution.

———————————————–

NOTE 1: Where the appointmentis being made for an inter-disciplinary project, the Head of the project shallbe deemed to be the Head of the Department concerned.

NOTE 2: The Professor to benominated shall be a Professor concerned with the speciality for which theselection is being made and that the Vice-Chancellor shall consult the Head ofthe Department and the Dean of School before nominating the Professor.

(3) The Vice-Chancellor, or inhis absence, the senior-most Director, shall preside at the meetings of aSelection Committee.

(4) The meetings of a SelectionCommittee shall be convened by the Vice-Chancellor or in his absence, by thesenior-most Director.

(5) The procedure to befollowed by a Selection Committee in making recommendations shall be laid downin the Ordinances.

(6) If the Executive Council isunable to accept the recommendations made by a Selection Committee, it shallrecord its reasons and submit the case to the Visitor for final orders.

(7) Appointments to temporaryposts shall be made in the manner indicated below: –

(i) If the temporary vacancy isfor a duration longer than one academic session, it shall be filled on theadvice of the Selection Committee in accordance with the procedure indicated inthe foregoing clauses:

Provided that if the Vice-Chancelloris satisfied that in the interests of work it is necessary to fill the vacancy,the appointment may be made on a purely temporary basis by a local SelectionCommittee referred to in sub-clause (ii) for a period not exceeding six months.

(ii) If the temporary vacancyis for a period less than a year, an appointment to such vacancy shall be madeon the recommendation of a local Selection Committee consisting of the Dean ofthe School concerned, the Head of the Department and a nominee of the Vice-Chancellor:

Provided that if the sameperson holds the offices of the Dean and the Head of the Department, theSelection Committee may contain two nominees of the Vice-Chancellor:

Provided further that in caseof sudden casual vacancies of teaching posts caused by death or any otherreason, the Dean may, in consultation with the Head of the Departmentconcerned, make a temporary appointment for a month and report to theVice-Chancellor and the Registrar about such appointment.

(iii) No teacher appointed temporarilyshall, if he is not recommended by a regular Selection Committee forappointment under the Statutes, be continued in service on such temporaryemployment, unless he is subsequently selected by a local Selection Committeeor a regular Selection Committee, for a temporary or permanent appointment, asthe case may be.

20.Special mode o appointment: (1) Notwithstanding anythingcontained in Statute 19, the Executive Council may invite a person of highacademic distinction and professional attainments to accept a post of Professoror Reader or any other academic post in the University, as the case may be, onsuch terms and conditions as it deems fit, and on the person agreeing to do so,appoint him to the post.

(2) The Executive council mayappoint a teacher or any other academic staff working in any other academicstaff working in any other university or organisation for undertaking a jointproject in accordance with the manner laid down in the Ordinances.

21.Appointment for a fixedtenure: The Executive council mayappoint a person selected in accordance with the procedure laid down in Statute19 for a fixed tenure on such terms and conditions as it deems fit.

22.Recognised teachers: (1) The qualifications ofrecognised teachers shall be such as may be prescribed by the Ordinances.

(2) All applications for therecognition of teachers shall be made in such manner as may be laid down in theOrdinances.

(3) No teacher shall berecognised as a teacher except on the recommendation of a selection committeeconstituted for the purpose in the manner laid down in the Ordinances.

(4) The period of recognitionof a teacher shall be determined by Ordinances made in that behalf.

(5) The Academic Council may,by a special resolution passed by a majority of not less that two-thirds of themembers present and voting, withdraw recognition from a teacher:

Provided that no suchresolution shall be passed until notice in writing has been given to the personconcerned calling upon him to show cause, within such time as may be specifiedin the notice, why such resolution should not be passed and until hisobjections, if any, and any evidence he may produce in support of them, havebeen considered by the Academic Council.

(6) Any person aggrieved by anorder of withdrawal under clause (5) may, within three months from the date ofcommunication to him of such order, appeal to the Executive Council which maypass such orders thereon as it thinks fit.

23.Committees: Any authority of theUniversity may appoint as many standing or special committees as it may deemfit, and may appoint to such committees persons who are not members of suchauthority. Any such committee may deal with any subject delegated to it subjectto subsequent confirmation by the authority appointing.

24.Terms and conditions ofservice of University teachers: (1) All the teachers of the university shall, in the absence ofany agreement to the contrary, be governed by the terms and conditions ofservice as specified in the Statues, the Ordinances and the Regulations.

(2) Every teacher of theUniversity shall be appointed on a written contract, the form of which shall beprescribed by the Ordinances. A copy of the contract shall be deposited withthe Registrar.

25.Seniority lists: (1) whenever, in accordancewith the Statues, any person is to hold an office or be a member of anauthority of the University by rotation according to seniority, such seniorityshall be determined according to the length of continuous service of suchperson in his grade, and, in accordance with such other principles as theExecutive Council may, from time to time, prescribe.

(2) It shall be the duty of theRegistrar to prepare and maintain, in respect of each class of persons to whomthe provisions of the Statues apply, a complete and up-to-date seniority listin accordance with the provisions of clause (1).

(3) If two or more persons haveequal length of continuous service in a particular grade or the relativeseniority of any person or persons is otherwise in doubt, the registrar may, onhis own motion and shall, at the request of any such person, submit the matterto Executive Council whose decision thereon shall be final.

26.Removal of teachers: (1) where there is anallegation of misconduct against a teacher, or a member of the academic staff,the Vice-Chancellor may, if he thinks fit, by order in writing, place theteacher under suspension and shall forthwith report to the Executive Councilthe circumstances in which the order was made.

Provided that the ExecutiveCouncil may, if it is of the opinion, that the circumstances of the case do notwarrant the suspension of the teacher or a member of the academic staff, revokeorder.

(2) Notwithstanding anythingcontained in the terms of his contract of service or of hi appointment, theExecutive Council shall be entitled to remove a teacher or a member of theacademic staff on the found of misconduct.

(3) Save as aforesaid, theExecutive Council shall not be entitled to remove a teacher or a member of theacademic staff except for good cause and after giving three months notice inwriting or on payment of three months’ salary in lieu of notice.

(4) No teacher or a member ofthe academic staff shall be removed under clause (2) or under clause (3) untilhe has been given a reasonable opportunity of showing cause against the actionproposed to be taken in regard to him.

(5) The removal of a teacher ora member of the academic stage shall require a two-thirds majority of themembers of the Executive Council present and voting.

(6) The removal of a teacher ora member of the academic staff shall take effect from the dated on which theorder of removal is made.

Provided that where a teacheror a member of the academic staff is under suspension at the time of hisremoval, the removal shall take effect from the date on which he was placedunder suspension.

(7) Notwithstanding anythingcontained in the Statues, a teacher or a member of the academic staff mayresign by giving three months notice in writing to the Executive Council or on paymentto the University of three months salary in lieu thereof.

27.Removal of employees otherthan teachers of the University: (1) Notwithstanding anything contained in the terms of hiscontract of service or of his appointment, an employee, other than a teacher ora member of the academic staff, may be removed by the authority which iscompetent to appoint the employee-

(a) if he is of unsound mind oris a deaf-mute or suffers from contagious leprosy;

(b) if he is an underchargedinsolvent;

(c) if he has been convicted bya court of law of any offence involving moral turpitude and sentenced inrespect thereof to imprisonment for not less than six months;

(d) if he is otherwise guiltyof misconduct:

Provided that no employee shallbe removed from his office unless a resolution to that effect is passed by theExecutive Council by a majority of two-thirds of its members present andvoting.

(2) No employee shall beremoved under clause (1) until he has been given a reasonable opportunity ofshowing cause against the action proposed to be taken in regard to him.

(3) Where the removal of suchemployee is for a reason other than that specified in sub-clause (c) orsub-clause (d) of clause (1), he shall be given three months notice in writingor paid three months salary in lieu of such notice.

(4) Notwithstanding anythingcontained in the Statues, an employee, not being a teacher or a member of theacademic staff, shall be entitled to resign, –

(i) if he is a permanentemployee, only after giving three months notice in writing to the appointingauthority or paying to the University three months salary in lieu thereof;

(ii) if he is not a permanentemployee, only after giving one month’s notice in writing to the appointingauthority or paying to the University one months’ salary in lieu thereof;

Provided that such resignationshall take effect from the date on which the resignation is accepted by theappointing authority.

28.Honorary degrees: (1) The Executive Council may,on the recommendation of the Academic Council and by a resolution passed by amajority of not less than two-thirds of the members present and voting, makeproposals to the Visitor for the conferment of honorary degrees:

Provided that in case ofemergency, the Executive Council may, on its own, make such proposals.

(2) The Executive Council may,be a resolution passed by a majority of not less than two-thirds of the memberspresent and voting, withdraw, with the previous sanction of the visitor, anyhonorary degree conferred by the University.

29.Withdrawal of degrees, etc: The Executive Council may, bea special resolution passed by a majority of not less than two-thirds of themembers present and voting, withdraw any degree or academic distinctionconferred on, or any certificate or diploma granted to, any person by theUniversity for good and sufficient cause:

Provided that no suchresolution shall be passed until a notice in writing has been given to thatperson calling upon him to show cause within such time as may be specified in thenotice why such resolution should not be passed and until his objections, ifany, and any evidence he may produce in support of them, have been consideredby the Executive Council.

30.Maintenance of disciplineamong students of the University: (1) All powers relating to discipline and disciplinary action inrelation to students of the University shall vest in the Vice-Chancellor.

(2) The Vice-Chancellor maydelegate all or any of his powers as he deems proper to a Proctor and to suchother officers as he may specify in this behalf.

(3) Without prejudice to thegenerality of his powers relating to the maintenance of discipline and takingsuch action, as may seem to him appropriate for the maintenance of discipline,the Vice-Chancellor may, by the exercise of his powers, by order, direct thatany student or students be expelled, or rusticated, for a specified period, orbe not admitted to a course or course of study in a College, Institution orDepartment of the University for a stated period, or be punished with fine foran amount to be specified in the order, or be debarred from taking anexamination or examinations conducted by the University, College, Institutionor a Department for one or more years, or that the results of the student orstudent concerned in the examination or examinations in which he or they haveappeared be cancelled.

(4) The Principals of Colleges,Institutions, Heads of Special Centres, Deans of schools of studies and Headsof teaching Departments by the University shall have the authority to exerciseall such disciplinary powers over the student in their respective Colleges,Institutions, Special Centres, Schools and teaching Departments in theUniversity as may be necessary for the proper conduct of such Colleges,Institutions Special Centres, Schools and teaching in the Departments.

(5) Without prejudice to thepower of the Vice-Chancellor, the Principals and other persons specified inclause (4), detailed rules of discipline and proper conduct shall be made bythe University. The Principals of Colleges, Institutions, Heads of SpecialCentres, Deans of Schools of schools of Studies and Heads of teachingDepartments in the University may also make the supplementary rules as theydeem necessary for the aforesaid purposes. Every student shall be supplied witha copy of the rules made by the University and copy of the supplementary rulesshall be supplied to the students concerned.

(6) At the time of admission,every student shall be required to sign a declaration to the effect that hesubmits himself to the disciplinary jurisdiction of the Vice-Chancellor andother authorities of the University.

31.Maintenance of disciplineamong students of colleges, etc: All powers relating to discipline and disciplinary action inrelation to students of a College or an Institution, not maintained by theUniversity, shall vest in the Principal of the College or Institution, as thecase may, be in accordance with the procedure prescribed by the Ordinances.

32.Admission of Colleges, etc,to the privileges of the University: (1) Colleges and other Institutions situated withinthe jurisdiction of the University as the Executive Council may decide on thefollowing conditions, namely: –

(i) Every such College orInstitution shall have a regularly constituted Governing Body, consisting ofnot more than fifteen persons approved by the Executive Council and includingamong others, two teachers of the University to be nominated by the ExecutiveCouncil and three representatives of the teaching staff of whom the Principalof the College or Institution shall be one. The procedure for appointment ofmembers of the Governing Body and other matters affecting the management of aCollege or an Institution shall be prescribed by Ordinances:

Provided that the said conditionshall not apply in the case of Colleges and Institutions maintained byGovernment which shall, however, have an Advisory Committee consisting of notmore than fifteen persons which shall consists of, among others, three teachersincluding the Principal of the College or Institution, and two teachers of theUniversity nominated by the Executive Council.

(ii) Every such College orInstitution shall satisfy the Executive Council on the following matters,namely: –

(a) the suitability andadequacy of its accommodation and equipments for teaching.

(b) The qualifications andadequacy of its teaching staff and the conditions of their service.

(d) The adequacy of financialprovision made for the continued maintenance of the College or Institution ;and

(e) Such other matters as areessential for the maintenance of the standards of University education.

(iii) No College or Institutionshall be admitted to any privileges of the University except on therecommendation of the Academic Council made after considering the report of aCommittee of Inspection appointed for the purpose by the Academic Council.

(iv) A College or anInstitution shall not, without the previous permission of the Executive Counciland the Academic Council, Suspend instruction in any subject or course of studywhich it is authorised to teach and teaches.

(v) Appointment to the teachingstaff and Principals of Colleges or Institutions admitted to the privileges ofthe University shall be made in the manner prescribed by the Ordinances:

Provided that noting in thisclause shall apply to Colleges and Institutions maintained by Government.

(3) The service conditions ofthe administrative and other non-academic staff of every College or Institutionreferred to in clause (2) shall be such as may be laid down in the Ordinances:

Provided that nothing in thisclause shall apply to Colleges and Institutions maintained by Government.

(4) Every College or Institutionadmitted to the privileges of the University shall be inspected at least oncein every two academic years by a Committee appointed by the Academic Council,and the report of that Committee shall submitted to the Academic Council, whichshall forward the same to the Excessive Council with such recommendations as itmay deem fit to make. The Executive Council, after considering the report andthe recommendations, if any, of the Academic Council, shall forward a copy ofthe report to the Governing Body of the College or Institution with suchremarks, if any, as it may deem fit, for suitable action.

(5) The Executive Council may,after consulting the Academic Council, withdraw any privileges granted to aCollege or Institution, at any time it considers that the College orInstitution does not satisfy any of the conditions on the fulfilment of whichthe College or Institution was admitted to such privileges:

Provided that before anyprivileges are so withdrawn, the Governing Body of the College or Institutionconcerned shall be given an opportunity to represent to the Executive Councilwhy such action should not be taken.

(6) Subject to the conditionsset forth in clause (1), the Ordinances may prescribe-

(i) such other conditions asmay be considered necessary;

(ii) the procedure for theadmission of Colleges and Institutions to the privileges of the University andfor the withdrawal of those privileges.

33.Convocations: Convocations of the Universityfor the conferring of degrees or for other purposes shall be held in suchmanner as may be prescribed by the Ordinances.

34.Acting Chairman of meetings: Where no provision is made fora President or Chairman to preside over meeting of any authority of theUniversity or any committee of such authority or when the President or Chairmanso provided for is absent, the members present shall elect one from amongthemselves to preside at such meeting.

35.Resignation: Any member, other than an exofficio member of the Court, the Executive Council, the Academic Council or anyother authority of the University or any committee of such authority may resignby letter addressed to the Registrar and the resignation shall take effect assoon as such letter is received by the Registrar.

36.Disqualifications: (1) A person shall bedisqualified for being chosen as, and for being a member of any of theauthorities of the University-

(a) if he is of unsound mind oris a deaf-mute of suffers from contagious leprosy;

(b) if he is an undischargedinsolvent;

(c) if he has been convicted bya court of law of an offence involving moral turpitude and sentenced in respectthere of to imprisonment for not less than six months.

(2) If any question arises asto whether a person is or had been subjected to any of the disqualificationmentioned in clause (1), the question shall be referred for the decision of theVisitor and his decision shall be finally and no suit or other proceeding shalllie in any civil court against such decision.

37.Residence condition formembership and office: Notwithstanding anything contained in the Statues, no person whois not ordinarily resident in India shall be eligible to be officer of theUniversity or a member of any authority of the University.

38.Membership, of authoritiesby virtue of membership of other bodies: Notwithstanding anything contained in the Statues,a person who holds any post in the University or is a member of any authorityor body of the University in his capacity as a member of a particular authorityor body or as the holder of particular appointment shall hold such office ormembership only for so long as he continues to be a member of that particularauthority or body or the holder of that particular appointment, as the case maybe.

39.Alumni Association: (1) There shall be an AlumniAssociation for the University.

(2) The subscription formembership of the Alumni Association shall be prescribed by the Ordinances.

(3) No Member of the AlumniAssociation shall be entitled to vote or stand for election unless he has beena member of the Association for at least one year prior to the date of theelection and is a graduate of the University of at least five years standing:

Provided that the conditionrelating to the completion of one year’s membership shall not apply in the caseof the first election.

40.Students Council: (1) There shall be constitutedin the University, a students Council for every academic year, consisting of: –

(a) the Director of PhysicalEducation, Sports, National Service and students Welfare who shall be theChairman of the Students’ Council;

(b) all students who have wonprizes in the previous academic year in the fields of studies, fine arts,sports and extension work;

(c) twenty students to benominated by the Academic Council on the basis of merit in studies, sports,extra-curricular activities and all-round development of personality;

Provided that any student ofthe University shall have the right to bring up any matter concerning theuniversity before the Students’ Council if so permitted by the Chairman, and heshall have right to participate in the discussions at any meeting when thematter is taken up for consideration.

(2) The functions of theStudents’ Council shall be to make suggestions to the appropriate authoritiesof the University in regard to the programmes of studies, students’ welfare andother matters of importance in regard to the working of the University ingeneral and such suggestions shall be made on the basis of consensus ofopinion.

(3) The Students’ Council shallmeet at least once in an academic year preferably in the beginning of thatyear.

41.Ordinances how made: (1) The first Ordinances madeunder sub-section (2) of section 27 may be amended, repealed or added to at onetime by the Executive Council in the manner specified below.

(2) No Ordinance in respect ofthe matters enumerated in section 27, other than those enumerated in clause (n)of sub-section (1) thereof, shall be made by the Executive Council unless adraft of such Ordinance has been proposed by the Academic Council.

(3) The Executive Council shallnot have power to amend any draft of any Ordinance proposed by the AcademicCouncil under clause (2), but may reject the proposal; or return the draft tothe Academic Council for re-consideration, either in whole or in part, togetherwith any amendment which the Executive Council may suggest.

(4) Where the Executive Councilhas rejected or returned the draft of an Ordinance proposed by the AcademicCouncil, the Academic Council may consider the question afresh and in case theoriginal draft is reaffirmed by a majority of not less than two-thirds of themembers present and voting and more than half the total number of members ofthe Academic Council, the draft may be sent back to the Executive Council whichshall either adopt it or refer it to the Visitor whose decision shall be final.

(5) Every Ordinance made by theExecutive Council shall come into effect immediately.

(6) Every Ordinance made by theExecutive Council shall be submitted to the Visitor within two weeks from thedate of its adoption. The Visitor shall have the power to direct the Universitywithin four weeks of the receipt of the Ordinance. The Visitor may, afterreceiving the comments of the University, either withdraw the order suspendingthe Ordinance or disallow the Ordinance, and his decision shall be final.

42.Regulations: (1) The authorities of theUniversity may make Regulations consistent with the Act, and the States and theOrdinances: –

(a) laying down the procedureto be observed at their meetings and the number of members required to form aquorum;

(b) providing for all matterswhich are required by the Act, the Statutes or the Ordinances to be prescribedby Regulations;

(c) providing for all othermatters solely concerning such authorities or committees appointed by them andnot provided for by the Act, the Statues or the Ordinances.

(2) Every authority of theUniversity shall make Regulations providing for the giving of notice to themembers of such authority of the dates of meetings and of the business to beconsidered at meetings and for the keeping of a record of the proceedings ofmeetings.

(3) The Executive Council maydirect the amendment in such manner as it may specify, of any Regulation madeunder the Statues or the annulment of any such Regulation.

43.Delegation of powers: Subject to the provisions ofthe Act and the Statutes, any officer or authority of the University maydelegate his or its powers to any other officer or authority or person underhis or its respective control and subject to the condition that overallresponsibility for the exercise of the powers so delegated shall continue tovest in the officer or authority delegating such powers.

PONDICHERRY UNIVERSITY ACT 1985

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PONDICHERRY UNIVERSITY ACT 1985

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