Schedule (Sections 2 and 35)
Statutes of the Université des Mascareignes
1.Amendment of Statutes(1)Subject to this paragraph, the Board may, with the approval of the Minister, amend the Statutes.(2)Where an amendment of the Statutes is not approved by the Minister, he shall remit the matter to the Board for further consideration.(3)(a)Where an amendment of the Statutes is approved by the Minister, the Board shall cause it to be published in the Gazette.(b)The amendment of the Statutes shall come into operation on the date it is published in the Gazette or on such later date as may be specified in the amendment.2.Meetings of Board(1)The Board shall meet as often as necessary but at least once every month.(2)At a meeting of the Board, 6 members shall constitute a quorum and no business may be transacted at a meeting of the Board unless there is a quorum.(3)(a)The President shall preside at a meeting of the Board.(b)Where the President is absent from a meeting of the Board, the members present shall elect, from among themselves, another member to preside that meeting.(4)(a)Where any member, or any person related to the member by blood or marriage, has a pecuniary or other material interest in relation to any matter before a meeting of the Board, that member—(i)shall disclose the nature of the interest before or at the meeting of the Board convened to discuss that matter; and(ii)shall not take part in any deliberations of the meeting of the Board relating to that matter.(b)A disclosure of interest made under subparagraph (a) (i) shall be recorded in the minutes of proceedings of the meeting of the Board by the Secretary to the Board.(5)Each member present at a meeting of the Board shall be entitled to one vote on a matter arising for decision at the meeting and the person presiding at the meeting shall, in the event of an equality of votes, have a casting vote.(6)A decision carried by a majority of the votes cast by the members present and voting at a meeting shall be a decision of the Board.(7)The Board shall regulate its meetings and proceedings in such manner as it may determine.3.Director-General(1)The Director-General shall—(a)hold office for a period of 5 years renewable for any further period and on such terms and conditions as the Board may determine;(b)in the absence of the President, preside at a Convocation;(c)exercise control over the affairs of the Université des Mascareignes;(d)act in accordance with such directives as he may receive from the Board;(e)ensure the faithful observance of the provisions of this Act, the Statutes and the regulations.(2)The Director-General may, with the approval of the Board, delegate his powers and functions to such officer as he may determine.(3)In the absence of the Director-General, the Board may appoint a member or another person, other than a member, to act as Acting Director-General.(4)The Acting Director-General appointed under subparagraph (3) shall exercise the powers and perform the functions of the Director-General.4.Registrar(1)The Board shall appoint, on the recommendation of the Staff Committee, a Registrar on such terms and conditions as the Board may determine.(2)In the exercise of his functions, the Registrar—(a)(i)shall act as Secretary to the Board, the Staff Committee, the Academic Council and the Faculty Boards;(ii)shall give notice of every meeting of the Board, the Staff Committee, the Academic Council and the Faculty Boards to the members;(iii)shall prepare and attend every meeting of the Board, the Staff Committee, the Academic Council and the Faculty Boards;(iv)shall keep minutes of proceedings of any meeting of the Board, the Staff Committee, the Academic Council and the Faculty Boards; and(v)may take part in the deliberations of a meeting of the Board, the Staff Committee, the Academic Council and the Faculty Boards, but shall have no right to vote;(b)shall conduct the official correspondence of the Board and the Academic Council;(c)shall perform such other functions as may be specified in the Statutes or regulations made under this Act, or such other functions as may be conferred by the Board or the Director-General.(3)The Registrar may delegate any of his functions to any other member of the staff.5.Academic Council(1)The Academic Council shall consist of—(c)the Executive Director of the Tertiary Education Commission or his representative;(d)the Head of every other university or his representative;(e)the Head of Information Services;(f)the Head of Quality Assurance;(g)3 persons appointed by the Board;(h)one person elected by and from the academic staff of each Faculty;(i)one person elected by and from the students;(j)one member of the Board, other than the President, appointed by the Board.(2)The Director-General shall be the Chairperson, and the Registrar shall be the secretary, of the Academic Council.(3)The term of office of the members of the Academic Council referred to in subparagraph (1) (g) to (i) shall be 2 years and every such member shall be eligible for reappointment or re-election for one more term of 2 years.(4)A person shall cease to be a member of the Academic Council upon—(a)the completion of his term of office;(c)his ceasing to be a member of the academic staff of a Faculty, a student or a member of the Board, as the case may be.(5)Where a vacancy occurs in the membership of the Academic Council not later than 3 months before the end of the member's term of office, the vacancy shall be filled by a person who shall hold office for the remainder of the term of office of the member in whose place he has been appointed or elected.(6)Half of the members of the Academic Council shall form a quorum.(7)The member of the Academic Council elected by and from the students shall not participate in the deliberations of the Academic Council on any matter pertaining to examinations and staffing.(8)The Academic Council may regulate its meetings and proceedings in such manner as it may determine.(9)The powers and functions of the Academic Council shall, in addition to those set out in this Act, be to —(a)advise the Board on—(i)all academic matters including the control, general direction and management of any research or resource centre or other teaching and research facility;(ii)the institution, alteration, suspension or suppression of teaching posts and the qualifications and experience of the academic staff;(b)formulate, modify or revise schemes for the constitution or reconstitution of Faculties and Departments;(c)make recommendations to the Board relating to—(i)postgraduate teaching and research;(ii)the qualifications to be presented for teaching;(iii)the conferment of honorary degrees or other distinctions;(iv)the institution and award of fellowships, scholarships, prizes and medals;(v)the promotion of collaboration between the economic and public sectors and the Université des Mascareignes;(d)review and act upon the proposals of any Faculty Board in formulating rules, regulations, syllabi and methods of evaluation, introducing new courses and modifying existing ones;(e)assess and make recommendations in relation to standards of facilities, equipment, apparatus and maintenance required for each Faculty and Department;(f)appoint external examiners;(g)issue instructions to examiners;(h)approve the results of examinations and the award of degrees, diplomas, certificates and other academic distinctions in accordance with the Statutes and the regulations;(i)report to the Board on any matter referred to it by the Board.6.Planning and Finance Committee(1)The Planning and Finance Committee shall consist of—(a)a chairperson and 3 other members, other than the President, chosen by the Board from among its members;(c)the Head of Finance, who shall be the secretary.(2)The Planning and Finance Committee shall make recommendations to the Board on—(a)the financial position of the Université des Mascareignes from time to time;(b)immediate, medium and long term plans of the Université des Mascareignes, taking into account the present and future needs of the country;(c)all other matters relating to planning and finance;(d)such other matters on which it may be requested by the Board to report.(3)The Planning and Finance Committee shall meet at least 3 times a year.7.Staff Committee(1)The Staff Committee shall consist of—(a)a chairperson and 3 other members, other than the President, chosen by the Board from among its members;(c)such other persons as may, in the opinion of the Staff Committee, be co-opted to assist in its deliberations.(2)The Staff Committee shall make recommendations to the Board for appointments to any office in the Université des Mascareignes, other than that of Director-General.(3)The Staff Committee shall, in addition—(a)be responsible for staff matters, including conditions of service, criteria for the appointment, promotion, transfer of staff, discipline, welfare, staff development and training programmes; and(b)appoint a Disciplinary Committee.8.Research, Consultancy and Innovation Committee(1)The Research, Consultancy and Innovation Committee shall consist of—(a)a chairperson and 3 other members, other than the President, chosen by the Board from among its members;(c)the Head of Research, Consultancy and Innovation who shall be the secretary;(d)such other persons as may, in the opinion of the Research, Consultancy and Innovation Committee, be co-opted to assist in its deliberations.(2)The Research, Consultancy and Innovation Committee shall make recommendations to the Board for promotion of research, consultancy and innovation and other services for industrial, commercial organisations, public bodies or individuals.(3)The Research, Consultancy and Innovation Committee shall, in addition, be responsible for the generation of funds out of research, consultancy and innovation services.9.Convocation procedure(1)Degrees, diplomas, certificates and other academic distinctions upon persons entitled to receive them shall be conferred by the President at a Convocation.(2)A Convocation may be held on such date and time as the Board may determine.(3)The President or, in his absence, the Director-General shall declare each Convocation open and closed.(4)The proceedings of any Convocation shall otherwise be determined by the Board on the recommendation of the Academic Council.10.Faculties(1)The Board may, on the recommendation of the Academic Council, set up such Faculties or other academic units as it may determine in addition to those provided for in this Act.(2)Every Faculty or other academic unit referred to in subparagraph (1) shall comprise of such Departments or other units as the Faculty Board may determine to which such courses of study as may be deemed appropriate shall be allocated.(3)Every Faculty Board shall consist of—(b)the Head of Information Services or a person nominated by him;(c)the Head of Quality Assurance or a person nominated by him;(d)the Heads of Departments of the Faculty;(e)such other members of the academic staff as may be co-opted for such period as the Faculty Board may in each case determine;(f)one person elected by and from the students of the Faculty;(g)3 persons appointed by the Board from outside the Université des Mascareignes with experience in the areas of operation of the Faculty.(4)The functions of a Faculty Board shall be to—(a)coordinate the teaching and research work in the Faculty;(b)recommend to the Academic Council—(i)regulations for schemes of instruction, study and research allocated to the Faculty;(ii)names of external examiners;(iii)students for the award of degrees, diplomas, certificates and other academic distinctions in the subjects of the Faculty;(c)consider schemes for the advancement of the standards of teaching and research, and submit such proposals to the Academic Council;(d)promote research within the Faculty and submit reports on research to the Academic Council;(e)perform such other functions which may be provided for in this Act, the Statutes or the regulations and consider all such matters as may be referred to it by the Academic Council or the Director-General.(5)Half the members of the Faculty Board shall form a quorum.(6)(a)Meetings of a Faculty Board shall be Ordinary or Special.(b)Ordinary meetings shall be held at least once monthly.(c)Special meetings may be called by the Dean or shall be called at the suggestion of the Director-General or on a written request from at least one-fifth of the members of the Faculty Board.(7)The minutes of proceedings of each Faculty Board shall be circulated to the members of the Academic Council for information.11.Deans of Faculties(1)Every Dean shall be appointed by the Board on the recommendation of the Staff Committee, on such terms and conditions as the Board may determine, for a period of 3 years and he may be eligible for re-appointment.(2)A Dean shall—(a)be the chairman of the Faculty Board;(b)coordinate and generally supervise the teaching and research work in the Faculty through the Heads of Departments;(c)maintain discipline through the Heads of Departments;(d)arrange for examinations in respect of the students of the Faculty in accordance with such directions as may be given by the Academic Council;(e)select persons to be registered as students for following schemes of instruction, study or research allocated to the Faculty;(f)have the right to be present and to speak at any meeting of any committees of the Faculty, but shall not have the right to vote unless he is a member thereof;(g)perform such other academic or administrative duties as may be assigned to him by the Board, the Academic Council or the Director-General.12.Head of Finance(1)The Board shall appoint, on such terms and conditions as it may determine, a Head of Finance on the recommendation of the Staff Committee.(2)The functions of the Head of Finance shall be to—(a)prepare for the consideration of the Board the estimates of income and expenditure of the Université des Mascareignes for each financial year;(b)collect all fees and other monies due to the Université des Mascareignes, give receipts and account for all sums so received in such form as the Board may from time to time direct;(c)exercise general supervision over the funds and advise the Board as regards its financial policy;(d)arrange for the annual and any special auditing of the accounts;(e)call for explanations for any unauthorised expenditure or other financial irregularity and suggest disciplinary action against persons at fault;(f)call from any office or unit any information or return that he may consider necessary for the performance of his functions;(g)perform such other financial functions as may be assigned to him by the Board or the Director-General, or as may be provided for in the Statutes.13.Head of Information Services(1)The Board shall, on such terms and conditions as it may determine, appoint a Head of Information Services on the recommendation of the Staff Committee.(2)The functions of the Head of Information Services shall include responsibility for—(a)the provision of information resources in printed and electronic form to support the staff and students in teaching, learning, research and consultancy;(b)the provision of an information technology infrastructure to support the staff and students in teaching, learning, research and consultancy;(c)the provision of appropriate methods of access to the information resources and the information technology infrastructure by the staff and students;(d)the security of the information resources and the information technology infrastructure;(e)advising the Board on—(i)appropriate rules and regulations to govern access to the information resources and the information technology infrastructure by the staff and students;(ii)appropriate technical standards to be adopted for the information technology infrastructure;(f)such other function as may be assigned to him by the Board, the Director-General or as may be provided for in the Statutes.14.Head of International Affairs, Student Welfare and Support(1)The Board shall, on such terms and conditions as it may determine, appoint a Head of International Affairs, Student Welfare and Support on the recommendation of the Staff Committee.(2)The functions of the Head of International Affairs, Student Welfare and Support shall be to—(a)promote, lead and manage international activities;(b)assume the responsibilities for the recruitment of international students, fund raising and alumni relations;(c)generate and optimise business development opportunities;(d)be responsible for the welfare of both local and international students;(e)provide guidance and assistance on all student affairs;(f)perform such other function as may be assigned to him by the Board, the Director-General or as may be provided for in the Statutes.15.Head of Projects, Estates and Endowment(1)The Board shall, on such terms and conditions as it may determine, appoint a Head of Projects, Estates and Endowment on the recommendation of the Staff Committee.(2)The functions of the Head of Projects, Estates and Endowments shall be to—(a)determine the strategic orientation and assume the operational responsibility for the development and management of the Université des Mascareignes's estates and facilities, services, health, safety and security;(b)drive and implement the energy-saving and carbon reduction strategy of the Université des Mascareignes;(c)manage and ensure the rigorous implementation of capital projects;(d)receive and manage endowment funds and such other funds as may be directed from time to time by the Board;(e)manage and optimise all funds and property of the Université des Mascareignes in ventures which are sound, ethical and viable;(f)perform such other function as may be assigned to him by the Board, the Director-General or as may be provided for in the Statutes.16.Head of Quality Assurance(1)The Board shall, on such terms and conditions as it may determine, appoint a Head of Quality Assurance on the recommendation of the Staff Committee.(2)The functions of the Head of Quality Assurance shall be to—(a)contribute to the formulation of the Université des Mascareignes's quality assurance policies and practices and oversee their implementation and monitoring across the Université des Mascareignes;(b)provide leadership for quality assurance and good practices to the Université des Mascareignes;(c)lead, coordinate and support quality assurance across the Université des Mascareignes;(d)perform such other function as may be assigned to him by the Board, the Director-General or as may be provided for in the Statutes.17.Head of Research, Consultancy and Innovation(1)The Board shall, on such terms and conditions as it may determine, appoint a Head of Research, Consultancy and Innovation on the recommendation of the Staff Committee.(2)The functions of the Head of Consultancy Services shall be to—(a)implement and assist in the development of the consultancy and technology transfer of the Université des Mascareignes;(b)work closely with the academic and other units for the marketing of the skills and expertise of the Université des Mascareignes;(c)communicate the skills and expertise of the Université des Mascareignes to industry, commerce and public sector agencies.18.Conduct of ballots(1)The elections to membership on any of the bodies referred to in this Act or the Statutes shall be carried out at an appropriate time fixed by the Registrar during semester time.(2)For every election, a returning officer shall be designated by the Registrar.(3)Any person entitled to be nominated and to vote in any election referred to in subparagraph (1) shall be an eligible person.(4)(a)Not less than 4 weeks before the date of an election, the Registrar shall invite persons entitled to vote in that election to submit nominations of persons eligible to stand for election in writing.(b)Nominations shall be in the hands of the Registrar not less than 3 weeks before the date of the election.(5)(a)If the number of valid nominations exceeds the number of vacancies, there shall be an election.(b)Voting shall be by secret ballot and shall be organised by the Registrar.(6)(a)Electors shall vote by placing the same number of crosses on the ballot paper as there are vacancies.(b)Ballot papers with more or fewer crosses shall be invalid.(c)Counting shall be done by the returning officer who shall also announce the result.(7)(a)In the event of a tie, the returning officer shall decide by lot between the candidates tieing, without disclosing, that there has been a tie.(b)The returning officer shall not disclose the number of votes cast, either in whole or for any candidate.19.Association of students(1)Where any students wish to form an association which is to be recognised by the Board as representative of their interests, they shall be required to forward to the Board a copy of the proposed rules of the association for approval.(2)Where any rules referred to in subparagraph (1) are approved, every subsequent amendment thereof shall also be required to be forwarded to the Board for approval.