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PONDICHERRY UNIVERSITY ACT

Ministry of Law and Justice

Act nº 53 of 1985


  • Schedules
  • Act nº 53 of 1985

Preamble

THE PONDICHERRY UNIVERSITY ACT, 1985

[Act, No.53 of 1985]

[4th September, 1985]

PREAMBLE

An Act to establish and incorporate a teaching and affiliating University in the Union territory of Pondicherry and to provide for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows :--

Section 1. Short title and commencement

(1) This Act may be called the Pondicherry University Act, 1985.

(2) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint.

1. 16-10-85


Section 2. Definitions

In this Act, and in all Statutes made hereunder, unless the context otherwise requires,--

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

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

(c) "Board of Studies" means the Board of Studies of the University;

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

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

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

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

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

(i) "employee" means any person appointed by the University, and includes teachers and other staff of the University;

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

(k) "Hall" means a unit 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 admitted to the privileges of the University;

(m) "Principal" means the Head of a College or an Institution, and includes where there is no Principal, 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 duly appointed as such;

(n) "recognised institution" means an institution of higher learning recognised by the University;

(o) "recognised teachers" means such persons as are recognised by the University for the purpose of imparting instructions in a College or an Institution admitted to the privileges of the University;

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

(q) "Statutes", "Ordinances" and "Regulations" means, respectively, the Statutes, Ordinances and Regulations of the University for the time being in force;

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

(s) "University" means the Pondicherry University.

Section 3. The University

(1) There shall be established a University by the name of "Pondicherry University".

(2) The headquarters of the University shall be at Pondicherry and it may also establish campuses at such other places within its jurisdiction as it may deem fit.

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

(4) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name.

Section 4. Objects

The objects of the University shall be to disseminate and advance knowledge by providing instructional and research facilities in such branches of learning as it may deem fit and by the example of its corporate life, and, in particular, to make special provisions for studies in French and for integrated courses for humanity and science in the educational programmes of the University and to take appropriate measures for promoting inter-disciplinary studies and research in the University.

Section 5. Powers of the University

The University shall have the following powers, namely :-

(1) to provide for instruction in such branches of learning as theUniversity may, from time to time, determine and to make provision for researchand for the advancement and dissemination of knowledges;

(2) to provide for and organise studiesin French;

(3) to grant, subject to such conditionsas the University may determine, diplomas or certificates to, and confer degreesor other academic distinctions on the basis of examinations, evaluation or anyother method of testing, on persons, and to withdraw any such diplomas,certificates, degrees or other academic distinctions for good and sufficientcause;

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

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

(6) to provide, instruction, includingcorrespondence and such other courses, to such persons as are not members of theUniversity, as it may determine;

(7) to institute Principalships,Professorships, Readerships, Lecturerships and other teaching or academic postsrequired by the University and to appoint persons to such Principalships,Professorships, Readerships, Lecturerships or other posts;

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

(9) to recognise persons for impartinginstruction in any College or institution admitted to the privileges of theUniversity;

(10) to appoint persons working in 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 or collaborate or associate with any other university or authority or institutionof higher learning in such manner and forsuch purposes as the University may determine;

(13) to establish such campuses, special centres, specialisedlaboratories or other units for researchand instructions as are, in the opinion of the University, necessary for thefurtherance of its objects;

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

(15) to establish and maintain Colleges, Institutions and Halls;

(16) to make provision for research and advisory services; and forthat purpose to enter into such arrangements with other institutions or bodies as the University may deem necessary;

(17) to admit to its privileges Colleges and Institutions notmaintaned by the University; to withdraw all or any of those privileges inaccordance with such conditions as may be prescribed by the Statutes; and torecognise Halls not maintained by the University and to withdraw any suchrecognition;

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

(19) to determine standards for admission into the University, whichmay include examination, evaluation or any any other method of testing;

(20) to demand and receive payment of fees and other charges;

(21) to supervise the residences of the students of the University andto make arrangements for promoting their health and general welfare;

(22) to make special arrangements in respect of women students as theUniversity may consider desirable;

(23) to regulate and enforce discipline among the employees andstudents of the University and take such disciplinary measures in this regard as may be deemed by theUniversity to be necessary;

(24) to make arrangements for promoting the health and general welfareof the employees;

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

(26) to borrow, with the approval of theCentral Government, on the security of the property of the University, money forthe purposes of the University;

(27) to do all such other acts andthings as may be necessary, incidental or conducive to the attainment of all orany of the objects of the University.

Section 6. Establishment of certain Schools

The University shall also establish a School for studies in Eastern and Western Thought to be known as "Sri Aurobindo School of Eastern and Western Thought" and another School for studies in Tamil language and literature to be known as "Subramania Bharati School of Tamil Language and Literature".

Section 7. Jurisdiction

(1) The jurisdiction of the University shall extend1to the whole of the Union territory of Pondicherry :

Provided that the University may, at the request of the Administrator of the Union territory of the Andaman and Nicobar Islands or of the Union territory of Lakshadweep and with the prior approval of the Central Government, extend its jurisdiction to those territories.

(2) No college or institution situated within the local limits of the jurisdiction of the University shall be compulsorily affiliated to the University, and affiliation shall be granted by the University only to such colleges or institutions as may agree to accept the Statutes and Ordinances.

(3) Any college or institution admitted 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 institution situated within the local limits of the jurisdiction of the University but not admitted to its privileges, shall be associated with, or be admitted to the privileges of, any other University except with the previous approval of the Administrator of the Union territory in which such college or institution is situated.

1. Jurisdiction of Pondicherry University extended to the U.T. of Andaman and Nicobar islands w.e.f. 5-5-1987


Section 8. University open to all classes, castes and creed

(1) The University shall be open to persons of either sex and of whatever race, creed, caste, or class, and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be admitted therein, as a teacher or student, or to hold any office therein, or to graduate thereat :

Provided that nothing in this section shall be deemed to prevent the University from making special provisions for the weaker sections of the people and, in particular, of the Scheduled Castes and the Scheduled Tribes,

(2) French nationals of Indian origin who have been permitted to long-term residence in the Union territory of Pondicherry under the provisions of the Treaty of Cession shall also be eligible for admission to the University.

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

Section 9. Visitor

(1) The President of India shall be the Visitor of the University.

(2) The Visitor shall have the right to cause an inspection to be made by such person or persons as he may direct, of the University, its buildings, laboratories and equipment, and of any 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 the University and to cause any inquiry to be made in like manner in respect of any matter connected with the administration or finances of the University Colleges or Institutions.

(3) The Visitor shall, in every case, give notice of his intention to cause an inspection or inquiry td be made,

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

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

and the University or the management, as the case may be, shall have the right to make such representations to the Visitor, us it may consider necessary.

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

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

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

(7) The Visitor may, if the inspection or inquiry is made in respect of any College or Institution admitted to the privileges of the University, address the management concerned through the 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 action to be taken thereon.

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

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

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

Provided that before making any such order, he shall call upon the University to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, he shall consider the same.

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

Section 10. Chief Rector

The Administrator of the. Union territory of Pondicherry shall be the Chief Rector of the University.

Section 11. Officers of the University

The following shall be the officers 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 and Cultural Relations;

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

(6) The Deans of Schools;

(7) The Registrar;

(8) The Finance Officer; and

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

Section 12. The Chancellor

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

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

(3) The Chancellor shall, if present, preside at the convocations of the University held for conferring degrees.

Section 13. The Vice-Chancellor

(1) The Vice-Chancellor shall be appointed by the Visitor in such manner as may be prescribed by the Statutes.

(2) The Vice-Chancellor shall be the principal executive and academic officer of the University, and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University.

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

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

Provided further that any person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub-section shall have the right to appeal against such action to the Executive Council within three months from the date on which decision on such action is communicated to him and thereupon the Executive Council may confirm, modify or reverse the action taken by the Vice-Chancel lor.

(4) The Vice-Chancellor shall exercise such other powers and perform such other functions as may be prescribed by the Statutes or Ordinances.

Section 14. Directors

The Directors shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.