Short Title

This Act may be cited as the University of Technology, Mauritius Act 2000.

Interpretation

In this Act –
“Academic Council” means the Academic Council referred to in section 13;
“academic staff” means persons who hold office at the University of Technology to teach and/or to
do research;
“Board” means the Board of Governors constituted in accordance with section 7;
“Committee” means a Committee set up in accordance with section 11;
“Convocation” means a Convocation referred to in section 15;
“Department” means a Department of a School;
“Director-General” means the person referred to in section 16;
“General Staff” means persons who hold office at the University of Technology to perform
administrative, secretarial, clerical or manual work;
“Head of Finance” means the person referred to in section 19;
“Head of Information Services” means the person referred to in section 20;
“Head of School” means the Head of a School;
“Manager of Consultancy and Technology Transfer” means the person referred to in section 21;
“Minister” means the Minister to whom responsibility for the subject of education is assigned;
“Planning and Finance Committee” means the Planning and Finance Committee referred to in
section 11;
“President” means the President of the Board;
“Registrar” means the person referred to in section 18;
“School” means a School of the University of Technology set up in accordance with section 14;
“School Board” means a School Board referred to in section 14;
“Staff Committee” means the Staff Committee referred to in section 11;
UTM Act.doc
“Student” means a person admitted to the University of Technology to follow a course of study or
research;
“Tertiary Education Commission” means the Tertiary Education Commission established under the
Tertiary Education Commission Act 1988;
“Tertiary Education Institution” has the same meaning as in the Tertiary Education Commission Act
1988;
“Regulations” means regulations made by the Academic Council in accordance with section 26;
“Statutes” means the Statutes of the University of Technology
set out in the Schedule;
“University of Technology” means the University of Technology, Mauritius established by section
3.

Establishment of the University of Technology

(1) There is established, for the purposes of this Act, the University of Technology, Mauritius which
shall –
(a) be a body corporate;
(b) have a common seal;
(c) operate in accordance with this Act, the Statutes and the Regulations.
(2) The common seal referred to in subsection (1)(b) shall be –
(a) kept in such custody as the Board may direct and be used only with the approval of the Board;
(b) judicially noticed by every Court and, until the contrary is proved, be presumed to have been
duly affixed to any document.

Objects, functions and powers

(1) There is established, for the purposes of this Act, the University of Technology, Mauritius which
shall –
(a) be a body corporate;
(b) have a common seal;
(c) operate in accordance with this Act, the Statutes and the Regulations.
(2) The common seal referred to in subsection (1)(b) shall be –
(a) kept in such custody as the Board may direct and be used only with the approval of the Board;
(b) judicially noticed by every Court and, until the contrary is proved, be presumed to have been
duly affixed to any document.

Admission of students

(1) Subject to section (4)(2)(b) and to subsection (2), the University of Technology shall be open to
all persons.
(2) Nothing in subsection (1) shall require the University of Technology to –
(a) admit to any course of study or research any person who does not possess the prescribed
academic qualification or standard;
(b) retain on its roll a student whose academic record is below the minimum standard required for
the award of a degree, or other academic qualification; or
(c) admit or retain any student whose conduct is prejudicial to its interests or the rights and
privileges of other students or of the staff.

Inquires

(1)
(a) Subject to paragraph (b) the Prime Minister may, in respect of any matter connected with the
University of Technology, institute an inquiry to be made by such person as he may appoint.
(b) The Prime Minister shall, in every case, give notice to the President of the Board of his intention
to cause an inquiry to be made and the Board shall be entitled to be represented at such inquiry.
(2) The Prime Minister –
(a) shall communicate to the Board his views with reference to the result of any such inquiry; and
(b) may, after ascertaining the opinion of the Board thereon, advise the University of Technology
regarding the action to be taken and fix a time-limit for taking such action.
(3) The Board shall, within the time-limit so fixed, report to the Prime Minister the action taken or
proposed to be taken on any advice tendered in accordance with subsection (2).
(4) Where the Board does not take action within the time fixed or the action taken by the Board is,
in the opinion of the Prime Minister, not satisfactory, the Prime Minister may, after considering any
explanation offered or representation made by the Board, issue such directions as he may deem fit
and the Board shall comply with any such directions.

Board of Governors

(1) There shall be a Board of Governors of the University of Technology which shall consist of –
(a) a President, to be appointed by the Prime Minister;
(b) the Director-General, to be appointed by the Prime Minister on the recommendation of the
Minister;
(c) 5 persons appointed by the Prime Minister on the recommendation of the Minister, out of which
3 shall come from the private sector;
(d) one person elected by and from the academic staff;
(e) one person elected by and from the general staff;
(f) one person elected by and from the students.
(2) The persons appointed under subsection 1(c) shall include –
(a) one person with substantial industrial experience;
(b) one person with qualifications and experience in financial matters; and
(c) one person who has substantial knowledge and experience of tertiary education and training.

President of the Board

The President shall –
(a) preside every meeting of the Board and any convocation, and confer degrees, diplomas and
other academic distinctions, awards or prizes upon persons entitled to receive them;
(b) ensure that the decisions taken by the Board are implemented;
(c) exercise such other powers and perform such other duties as may be assigned to him by this Act
or the Statutes.

Terms of office of members of the Board

(1) The term of office of every appointed or elected member of the Board shall be 3 years and the
member shall be eligible for a further appointment or election for not more than one term of 3 years.
(2) Where a member of the Board elected –
(a) by the academic staff ceases to be a member of the academic staff;
(b) by the general staff ceases to be a member of the general staff; or
(c) by the students ceases to be a student, that member’s office shall become vacant and, subject to
subsection (5), be filled by means of a fresh election.
(3)
(a) The President may resign his office by writing to the Prime Minister.
(b) Any other appointed or elected member of the Board may resign his office by writing to the
President.
(c) Any vacancy caused by the resignation of a member of the Board shall, subject to subsection
(5), be filled by a fresh appointment, or election, as the case may be.
(4) The term of office of a member appointed or elected to fill a vacancy shall continue for the
remainder of the term of the member in whose place he has been appointed or elected.
(5) Where a vacancy occurs less than 3 months before the expiry of a member’s term of office, the
Board may determine that the office shall be left vacant for the remainder of the term.
Functions and powers of the Board

(1) The Board shall be the governing body having the direction and superintendence of the
University of Technology and its principal responsibilities shall include –
(a) devising or approving strategic plans and major policies for the University of Technology;
(b) overseeing its management and development;
(c) monitoring and reviewing its operations; and
(d) providing rigorous accountability standards in its various operations.
(2) The Board may –
(a) do all such things as may be necessary for, or incidental or conducive to, the performance of its
functions under subsection (1); and
(b) on behalf of the University of Technology –
(i) confer honorary degrees;
(ii) appoint the academic and general staff;
(iii) manage and control its affairs, property and finance;
(iv) enter into any contract or other arrangement;
(v) with the Minister’s approval, amend the Statutes by regulations;
(vi) institute courses of study; and
(vii) take any decision on a question of policy relating to its administration and working.
(3) The procedure to be observed for the convening and holding of meetings of the Board shall be
such as is provided for in the Statutes.

Committees

(1) The Board shall set up a Planning and Finance Committee, a Staff Committee and such other
committees as it thinks necessary to assist the Board in the performance of its functions.
(2) The composition, functions and the procedure for the convening and holding of meetings of
every such committee shall be such as are provided for in the Statutes.

Legal proceedings and execution of documents

(1) The University of Technology shall act, sue and be sued, implead or be impleaded under its
corporate name and service of any judicial process shall be effected by or on the Registrar.
(2) Every deed, act or document relating to the University of Technology shall be signed by the
President and one other person authorised in that behalf by the Board.

Academic Council
(1) There shall be an Academic Council which shall – (a) be the principal academic body of the University of Technology; (b) have control and general regulation of teaching, examination, and research; and (c) be responsible for the maintenance of the appropriate standards in such matters. (2) The constitution of the Academic Council, the term of office of its members, its powers and functions and the procedure to be observed for the convening and holding of its meetings shall be such as is provided for in the Statutes.
Schools
(1) The University of Technology shall comprise – (a) a School of Sustainable Development Science; (b) a School of Business Informatics and Software Engineering; (c) a School of Industrial Systems Engineering; (d) a School of Public Sector Policy and Management; and (e) such other Schools or other academic units as may be provided for in the Statutes. (2) (a) The School of Sustainable Development Science shall consist of – (i) a Department of Environmental Planning; (ii) a Department of Oceanography and Coastal Zone Management; and (iii) a Department of Tourism, Leisure and Hospitality Management. (b) The School of Business Informatics and Software Engineering shall consist of – (i) a Department of Business Information Systems; and (ii) a Department of Software Engineering. (c) The School of Industrial Systems Engineering shall consist of- (i) a Department of Maintenance and Industrial Automation; and (ii) a Department of Industrial Informatics, Telecommunications and Electronics. (3) The Statutes may provide that – (a) other Departments of teaching and research, with appropriate assignment of subjects, shall be set up in any School or other academic unit; (b) subsection (2) shall be amended. (4) There shall be a School Board for each School, the constitution and functions of which shall be such as are provided for in the Statutes.
Convocation
There shall be a Convocation of the University of Technology, the procedure for which shall be such as is provided for in the Statutes.

Director-General

(1) There shall be a Director-General who shall be –
(a) the principal executive and academic officer of the University of Technology; and
(b) appointed and hold office on such terms and conditions as are provided for in the statutes.

Heads of Schools

There shall, for each School or other academic unit, be a Head who shall be appointed and hold
office on such terms and conditions as are provided for in the statutes.
Registrar

There shall be a Registrar who shall be –
(a) the principal administrative officer of the University of Technology; and
(b) appointed and hold office on such terms and conditions as are provided for in the statutes.
Head of Finance

There shall be a Head of Finance who shall be appointed and hold office on such terms and
conditions as are provided for in the statutes.
Head of Information Services

There shall be a Head of Information Services who shall be appointed and hold office on such terms
and conditions as are provided for in the statutes.
Manager of Consultancy and Technology Transfer Centre

There shall be a Manager of Consultancy and Technology Transfer Centre who shall be appointed
and hold office on such terms and conditions as are provided for in the statutes.

General Fund
(1) The University of Technology shall set up and operate a General Fund to which shall be credited – (a) its income from fees, grants, donations, loans, and gifts; (b) endowments and other receipts. (2) The amounts credited to the General Fund pursuant to subsection (1) shall be applied towards meeting the expenses incurred by or on behalf of the University of Technology in the exercise of its powers and the discharge of its duties.
Accounts and audit
(1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including a balance sheet, in such form and manner as may be required by the Tertiary Education Commission, which may demand the production of books, accounts, connected vouchers and other documents and papers and inspect the offices of the University of Technology. (2) The accounts referred to in subsection (1) shall be audited annually by the Director of Audit who shall forward a report thereon to the Minister. (3) The Minister shall cause a copy of those accounts, together with the report referred to in subsection (2), to be laid on the table of the Assembly.
Exemptions
Notwithstanding any other enactment – (a) the University of Technology shall be exempted from payment of any – (i) licence duty; (ii) rate or charge leviable on immovable property; or (iii) tax leviable on income; (b) no registration duty shall be payable in respect of any document signed or executed by or on behalf of the University of Technology under which it is a beneficiary; (c) article 910 of the Code Napoleon shall not apply to the University of Technology.

Statutes
The Statutes may provide for all or any of the following matters – (a) the holding of a Convocation to confer degrees; (b) the conferment of honorary degrees; (c) the establishment of Schools or other academic units; (d) the fees to be charged for courses of study and for admission to examinations for degrees, diplomas and certificates; (e) the institution of fellowships, scholarships, medals, and awards; (f) the manner of appointment and the terms and conditions of office of staff other than the Director-General; (g) the constitution, powers and duties, and the procedure at meetings of, the Board, the Academic Council, the Planning and Finance Committee, and the Staff Committee and other Committees, the quorum at such meetings and the procedure to be followed in the conduct of their business; (h) affiliation with other institutions that would assist in attaining any of the objects of the University of Technology; (i) the operation of associations of students; (j) the conduct of a ballot for the election of members of the Board; (k) the manner in which the Statutes may be amended; (l) any other matter which by this Act is to be or may be provided for in the Statutes.
Regulations
(1) Subject to subsection (2), the Academic Council may, for the purposes of this Act, make regulations which shall come into operation on such date as may be fixed by the Academic Council. (2) (a) Every regulation made pursuant to subsection (1) shall be – (i) submitted as soon as it is made to the Board; (ii) considered by the Board at its next meeting. (b) The Board may, by resolution passed by a majority of not less than two-thirds of the members present at that meeting, modify or cancel any such regulations and those regulations shall, from the date of such resolution, have effect in such modified form or be of no effect, as the case may be. (3) The regulations may provide for all or any of the following matters – (a) the admission of students; (b) the courses of study including industrial training leading to degrees, diplomas and other academic qualifications; (c) the conditions on which students shall be admitted to courses of study leading to degrees, diplomas and other academic qualifications; (d) the conduct of examinations and the conditions on which students shall be admitted to such examinations; (e) the manner in which exemptions relating to the admission of students to examinations may be given; (f) the conditions and mode of appointment and duties of examining bodies and examiners; (g) the equivalence of examinations and qualifications of any other institution or examination board for the purposes of admitting a student; (h) the assessment, evaluation and grading of students’ performance; (i) the award of degrees, diplomas and other academic qualifications; (j) the maintenance of discipline among the academic staff and the students; (k) the fees to be charged for courses of study, research and practical training and for admission to the examinations for degrees, diplomas and other academic qualifications; (l) the use of and access to any place of learning or research or resource centre; (m) academic dress; and (n) any other matter which by this Act or the Statutes is to be or may be provided for in the regulations.

Repeal

The Mauritius Institute of Public Administration and Management Act 1994 is repealed.
Consequential amendments

(1) The Schedule to the Tertiary Education Commission Act 1988 is amended by adding the
following tertiary educational institution –
“University of Technology, Mauritius”.
(2) The University of Mauritius Act is amended in section 3(3) by deleting the words “No person,”
and replacing them by the words –
“Subject to the University of Technology, Mauritius Act 2000, no person,”.

Transitional provisions

(1) In this section –
“Mauritius Institute of Public Administration and Management” means the body established under
that name by the Mauritius Institute of Public Administration and Management Act 1994;
“SITRAC Ltd” means the company registered under that name.
(2) Every person who, at the commencement of this Act, is registered for training purposes at the
Mauritius Institute of Public Administration and Management or at SITRAC Ltd shall,
notwithstanding section 5(2), be enrolled as a student.
(3) Every person who, at the commencement of this Act, works under a contract of employment for
the Mauritius Institute of Public Administration and Management or for SITRAC Ltd shall be
deemed to enter into a contract of employment with the University of Technology on the same
terms and conditions.
(4) Every person referred to in subsection (3) shall continue to enjoy the benefit of any entitlement
which has accrued to him in respect of his service at the Mauritius Institute of Public
Administration and Management or at SITRAC Ltd before his transfer.
(5) All the assets, records, rights and liabilities of the Mauritius Institute of Public Administration
and Management shall, at the commencement of this Act, vest in the University of Technology.
(6) Any process, judicial or otherwise, started by or against the Mauritius Institute of Public
Administration and Management shall, at the commencement of this Act, be deemed to have been
started by or against the University of Technology.
(7) The Board and SITRAC Ltd shall, not later than 3 months after the commencement of this Act,
conclude an agreement in relation to the transfer to, and vesting in, the University of Technology of
the assets, records, rights and liabilities of SITRAC Ltd.

Commencement

This Act shall come into operation on a date to be fixed by Proclamation.
Passed by the National Assembly on the twenty fifth day of April two thousand.