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ALIGARH MUSLIM UNIVERSITY ACT, 1920
40 of 1920
Act 62 of 1951.- "The University Education Commission, while making certain recommendations in regard to University education generally, have also dealt with certain special problems relating to the Central Universities at Banaras, Aligarh and Delhi. These recommendations were generally approved by the Central Advisory Board of Education at their meeting in April, 1950. The Govern- ment of India, after careful consideration of the matter, have decided that while it is not necessary to change the names of the Banaras and Aligarh Universities the disqualifications imposed by the respective Acts on non-Hindus and non-Muslims being members of the Court of the University should be removed. They have also decided that other recommendations of the University Educa- tion Commission, in so far as they relate to the Central Universities, should be implemented as far as possible. It is, therefore, now proposed to amend the Aligarh Muslim University Act in order to give effect to those recommendations. 2. The main features of the Bill are- (i) religious instruction is to be given only to those who wish to receive it, as required by Article 28 (3) of the Constitution; (ii) membership of the Court is to be thrown open to all persons irrespective of religion or caste; (iii) the President of India is to be the Visitor of the University and he shall exercise the same powers as he does now as Lord Rector of the University; (iv) The Governor of Uttar Pradesh will be the Chief Rector of the University and provision is also made for the appointment of other persons as Rectors; (v) provision for a Visiting Board is to be abolished. 3. Advantage is taken of this opportunity to make a few other minor amendments so as to bring this Act into line with the other two Central Acts wherever necessary. 4. The first Statutes which formed part of the Aligarh Muslim University Act, had been consi- derably amended by the Court, and it is therefore proposed that the Central Government should assume power for a temporary period to make modifications in the Statutes, so as to bring them into accord with the Act, as now amended, and the recommendations of the University Education Commission. 5. Amendments consequential on the recommendations of the University Education Com- mission have already been undertaken with regard to the Banaras Hindu University Act". -S. 0. R.-Gaz. ofind,, 9-6-1951, Pt.II-Sec. 2, page 410.
Act 19 of 1965.- On 25th April, 1965 grave disturbances took place in the Aligarh Muslim University Campus in which the University students caused injuries to some members of the Court which was then in session. The Vice-Chancellor who was made the principal target of concentrated attack sustained serious injuries, providentially escaping more dire consequences. The University was indefinitely closed. Enquiries revealed that the disturbances were too well organised to be sporadic and seemed to flow from certain unhealthy influences which for some time had been adversely influencing the efficiency and the academic purposes of the University. After carefully considering the various factors which culminated in the aforesaid disturbances involving violence and closure of the University, Government came to the conclusion that the University could not reopen and resume normal functioning without certain immediate measures being taken to change the administrative setup of the University. As Parliament was not in session at the time and the need for administrative reorganisation was imperative, the President promulgated the Aligarh Muslim University (Amendment) Ordinance, 1965 on the 20th May, 1965. The present Bill seeks to replace the Ordinance by an Act of Parliament. The principal objects of the Bill in the immediate future are (i) to provide an administrative structure within which the Universitys return to normal functioning and pursuit of basic academic purposes may be facilitated and ensured, and (ii) further to ensure that, as an emergency measure and pending long term legislation about the University to be brought in the near future before Parliament by Government, it makes the transition from chaos to order both brief and smooth. The main features of the Bill are:- (a) the reconstitution of the Court of the University as an advisory body and reduction in the number of its membership; (b) the reconstitution of the Executive Council; (c) vesting of certain powers in the Vice-Chancellor and the Registrar in the matter of discipline. -S.O.R. - Gaz. of Ind., 16-8-1965, Pt. II, S. 2, Ext., p. 638. Act 34 of 1972.- As a result of the disturbances that took place in the Aligarh Muslim University in April, 1965, the President promulgated the Aligarh Muslim University (Amendment) Ordinance, 1965 on the 20th May, 1965 to amend the Aligarh Muslim University Act, 1920. The Ordinance was later replaced by the Aligarh Muslim University (amendment) Act, 1965. Both the Ordinance and the amending Act were temporary measures to tide over the difficult situation which was prevalent in the University at that time and the intention was to bring before Parliament, in the due course, a comprehensive long-term legislation for the University. 2. The proposed long-term legislation could not be introduced on account of certain developments beyond the control of the Government. The intention all along was that the legislation for the Benaras Hindu University and the Aligarh Muslim University should be broadly on similar lines. In the year 1968, there was serious unrest and agitation in the Benaras Hindu University and an Inquiry Committee was appointed by the Visitor. In pursuance of the report submitted by the Inquiry Committee in 1969, short-term legislation to amend the Benaras Hindu University Act was passed by Parliament in 1969. The long-term recommendations of the Committee were still under consideration when the University Grants Commission appointed high powered Committee on Governance of Universities and colleges. It was decided by Government that the report of this Committee should be awaited before introducing long-term legislation for the Benaras Hindu University as well as the Aligarh Muslim University. 3. Meanwhile, the Aligarh Muslim University decided to hold its Golden Jubilee Celebrations in December, 1970. The University was anxious to have a democratic setup before that time. In order to satisfy same and amend certain provisions of the Act with a view to providing for a democratic set-up of the Court and Executive Council of the University. Accordingly the Aligarh Muslim University (Amendment) Bill, 1970 was introduced in the Rajya Sabha on August 31, 1970. 4. The University subsequently decided to postpone its Golden Jubilee Celebrations and the purpose of introduction of the Bill thus having been defeated, the Bill was proceeded with further. It is proposed to withdraw the said Bill. 5. The report of the Gajendragadkar Committee on Governance of Universities was received by Government in July 1971. Recommendations of the Committee were accepted both by the University Grants Commission and Government in principle. It was also decided to amend the Acts of Central Universities in the light of the recommendations made by the Committee. Based on the recommendations of the Committee and taking into account other relevant factors. Government decided to introduce comprehensive legislation for the Aligarh Muslim University. The Bill seeks to achieve this purpose. The main features of the Bill are:- (i) The University is being given additional powers, important among which are: Provision for instruction through correspondence courses or any other method; establishment of special centres and specialised laboratories and such other units for research and education as are necessary for the furtherance of the objects of the University within a radius of 25 kilometres of the University; and appointment of persons working in any other University, institution or organisation as teachers of the University. (ii) In view of the persistent demand for preserving the residential character of the University, the provision in the Act of the University for affiliation of colleges is being deleted. (iii) The mode of appointment of officers of the University is being revised in the light of the recommendations made by the Gajendragadkar Committee. The Chancellor will hereafter be ap- pointed by the visitor out of a panel of names submitted by the Executive Council instead of being elected by the Court. The Vice-Chancellor will be appointed by the visitor on the recommendation made by the Committee consisting of two nominees of the Executive Council and one nominee of the Visitor. Provision is being made for retirement of the Vice-Chancellor/Pro-Vice- Chancellor on attaining the age of 65 years. The term of the Vice-Chancellor is being reduced from 6 to 5 years with eligibility for re-appointment. (iv) The constitution and functions of the Court, the Executive Council and the Academic Council and other authorities of the University are being revised in the light of the recommendations made by the Gajendragadkar Committee. The Court will hereafter be a "deliberative" body and will not be saddled with the authority to overrule the decisions of the Executive Council and other bodies of the University. It is, however, being vested with powers to review the broad policies, programmes of the University and to suggest measures for its improvement and development. The Court will consist of 104 members, of whom 64 will be internal members and 40 external members. The members of the Court will inter alia include 15 representatives of students. The Executive Council will be the principal executive body of the University and will consist of 19 members, a majority of whom will be teachers of the University. The Academic Council will now have the general supervision over the academic policies of the University and will no longer be concerned with details. The Finance Committee, which was hitherto an authority of the University will now be a sub-committee of the Executive Council. (v) Provision is being made for the establishment of a Students Council as an authority of the University. The Council shall have the power to make recommendations to the University authorities in matters affecting the academic work of the students and about the rules affecting the discipline, welfare, management of hostels, etc. (vi) Each Department will have a Board of Studies which will make recommendations to the Faculty regarding academic matters concerning the Department. Provision is also being made for Departmental Committees in the case of departments having more than twenty teachers. (vii) The powers of the University to make Statutes, Ordinances and Regulations arc being enlarged to include matters like manner of appointment of staff, procedure for arbitration and appeal. Associations of teaching and non-teaching staff, participation of students in the affairs of the University, maintenance of discipline etc. (viii) A new provision is being made to enable the aggrieved students to appeal to the Executive Council or to get the disputes referred to a Tribunal of Arbitration. (ix) A provision is being made to protect officers and employees of the University against civil suits in respect of action taken by them in good faith.- S.O.R. Gaz. of Ind., 29-5-1972, Pt. II, S. 2, Ext., p. 567. Act 62 of 1981.- A Bill to amend the Aligarh Muslim University Act, 1920, was introduced in the Lok Sabha on 12th August, 1980, so as to amend the definition of the expression University and introduce various other changes in the Act. Subsequently, representations were received from various Muslim organisations, the Vice-Chancellor and the representatives of the University teachers and students that amendments to the Statutes of the University should also be incorporated in the Bill and passed by Parliament along with the amendments to the Act. After examining these representations, it has been decided to introduce a consolidated Bill to amend both the Act and Statutes of the Aligarh Muslim University, 2. The main features of the Bill are as follows:- (1) Omission of the words "establish and" from the long title and preamble to the Act; (2) Amendment of the definition of the expression "University" occurring in the Act; (3) Empowering the University to promote especially the educational and cultural advancement of the Muslims of India. (4) Restoring the status of the supreme governing body of the University to the Court and modifying its composition; (5) Change in the procedure of appointment of the Chancellor, Pro-Chancellor and Vice-Chancellor; (6) Restoration of the office of the Honorary Treasurer; and (7) Modification of the composition of the Executive Council and the Academic Council. 3. The Bill seeks to achieve the above objects S.O.R. - Gaz. of Ind., 23-12-1980, Pt. II, S. 2, Ext" p. 1384.
An Act to 1[* * *] incorporate a teaching and residential Muslim University at Aligarh. WHEREAS it is expedient to1[* * *] incorporate a teaching and residential Muslim University at Aligarh, and to dissolve the Societies registered under the Societies Registration Act, 1860, which are respectively known as the Muhammadan Anglo-Oriental College, Aligarh, and the Muslim University Association, and to transfer to and vest in the said University all properties and rights of the said Societies and of the Muslim University Foundation Committee; It is hereby enacted as follows :-
SECTION 01: SHORT TITLE AND COMMENCEMENT
- (1) This Act may be called The Aligarh Muslim University Act, 1920.
(2) It shall come into force on such date2as the Central Government may, by notification in the Official Gazette, appoint.
SECTION 02: 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) "Board of Studies" means the Board of Studies of the University;
(c) "Chancellor", "Pro-Chancellor" and "Vice-Chancellor", mean respectively, the Chancellor, Pro-Chancellor and Vice-Chancellor of the University;
(d) "Court" means the Court of the University;
(e) "Department" means a Department of Studies and includes a Centre of Studies established by the Ordinances;
(f) "Executive Council" means the Executive Council of the University;
(g) "Faculty" means a Faculty of the University;
(h) "hall" means a unit of residence or of corporate life maintained by the University for its students;
4[(hh) "non-teaching staff" means the employees of the University other than the teachers;]
(i) "Statutes", "Ordinances" and "Regulations" mean respectively, the Statutes, Ordinances and Regulations of the University for the time being in force;
5[(j) * * *]
(k) "Teachers" means professors, readers, lecturers and such other persons as may be appointed for imparting instruction in the University or a hall and are designated as teachers by the Ordinances;
6[(l) "University" means the educational institution of their choice established by the Muslims of India, which originated as the Muhammadan Anglo-Oriental College, Aligarh, and which was subsequently incorporated as the Aligarh Muslim University].]
SECTION 03: INCORPORATION
- The Chancellor, the Pro-Chancellor and the Vice- Chancellor and the members of the Court, the Executive Council and the Academic Council, for the time being, shall be a body corporate by the name of the Aligarh Muslim University and shall have perpetual succession and a common seal and shall sue and be sued by that name.]
SECTION 04: DISSOLUTION OF THE MUHAMMADAN ANGLO –ORIENTAL COLLEGE, ALIGARH AND THE MUSLIM UNIVERSITY ASSOCIATION, AND TRANSFER OF ALL PROPERTY TO THE UNIVERSITY
- From the commencement of this Act-
(i) the Societies known as the Muhammadan Anglo-Oriental College, Aligarh, and the Muslim University Association shall be dissolved, and all property, movable and immovable, and all rights, powers and privileges of the said Societies and all property, movable and immovable, and all rights, powers and privileges of the Muslim University Foundation Committee shall be transferred to and vest in the University and shall be applied to the objects and purposes for which the University is incorporated:
(ii) all debts, liabilities and obligations of the said Societies and Committee shall be transferred to the University and shall thereafter be discharged and satisfied by it;
(iii) all references in any enactment to either of the said Societies or to the said Committee shall be construed as references to the University;
(iv) any will, deed or other document, whether made or executed before or after the commencement of this Act, which contains any bequest, gift or trust in favour either of the said Societies or of the said Committee shall, on the commencement of this Act, be construed as if the University was therein named instead of such Society or Committee;
(v) subject to any orders which the Court may make, the buildings which belonged to the Muhammadan Anglo-Oriental College, Aligarh, shall continue to be known and designated by the names and styles by which they were known and designated immediately before the commencement of this Act;
(vi) subject to the provisions of this Act, every person employed immediately before the commencement of this Act in the Muhammadan Anglo-Oriental College, Aligarh, shall hold employment in the University by the same tenure and upon the same terms and conditions and with the same rights and privileges as to pension and gratuity as he would have held the same under the Muhammadan Anglo-Oriental College, Aligarh, if this Act had not been passed.
SECTION 05: POWERS OF THE UNIVERSITY
- The University shall have the following powers, namely:-
(1) to provide for instruction in such branches of learning as the University may think fit, and to make provision for research and for the advancement and dissemination of knowledge;
(2)
8[(a)] to promote Oriental and Islamic studies and give instruction in Muslim theology and religion and to impart moral and physical training;
9[(b) to promote the study of the religions, civilisation and culture of India.]
10[(c) to promote especially the educational and cultural advancement of the Muslims of India;]
11[(3) to hold examinations and to grant diplomas or certificates to, and confer degrees and other academic distinctions on, persons subject to such conditions as the University may determine and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;]
(4) to confer honorary degrees or other distinctions11[* * *] in the manner laid down in the Statutes;
12[(5) to provide instruction for such persons who are not members of the University, as the University may determine;]
(6) to co-operate13[or collaborate] with other Universities and authorities in such manner and for such purpose as the University may determine;
(7) to institute professorships, readerships, lectureships and14[*] other15[teaching or academic posts] required by the University, and to appoint persons to such professorships, readerships, lectureships16[and other posts]26[and determine their conditions of service in accordance with the statutes];
17[(7A) to appoint persons working in any other University, institution or organisa- tion as teachers of the University for a specified period];
(8) to institute and award fellowships (including travelling fellowships), scholar- ships,18 [studentships] exhibitions and prizes in accordance with the Statutes and the Ordinances;
19[(9) to institute and maintain halls for the students of the University;]
20[(9A) to establish within a radius of twenty-five kilometres of the University Mosque such Special Centres, Specialised Laboratories or other units for research and instruction as are, in the opinion of the University, necessary for the furtherance of its objects;]
(10) to demand and receive such fees and other charges as may be prescribed by the Ordinances;
(11) to supervise and control the residence and \to regulate the] discipline of students of the University, and to make arrangements for promoting their health;21[*];
18[(11 A) to make special arrangements in respect of the residence, discipline and teaching of women students;
(11B) to create administrative, ministerial and other22[* * * *] posts and to make appointments thereto22[* * *] land determine their conditions of service in accordance with the statutes];
23[(11C) to regulate and enforce discipline among the employees of the University and to take such disciplinary measures as may be deemed necessary;
(11D) to acquire, hold, manage and dispose of property, movable or immovable, including trust or endowed property for the purposes of the University;
(11E) to borrow, with the approval of the Central Government, on the security of the property of the University, money for the purposes of the University;
(11F) to declare a Department of Studies to be an autonomous Department; and]
(12) to do all such other acts and things whether incidental to the powers aforesaid or not as may be requisite in order to further the objects of the University24[* * *]
SECTION 06: RECOGNITION OF DEGREES
- The degrees, diplomas and other academic distinctions granted or conferred to or on persons by the University shall be recognised by27[the Central and State Governments] as are the corresponding degrees, diplomas and other academic distinctions granted by any other University incorporated under any enactment.
SECTION 07: RESERVE FUND
- The University shall invest and keep invested in securities in which trust funds may be invested in accordance with the law for the time being in force relating to trusts in28[India] a sum of thirty lakhs of rupees as a permanent endowment to meet the recurring charges of the University other than charges in respect of fellowships, scholarships, prizes and rewards: Provided that-
(1) any Government securities as defined in theIndian Securities Act, 1920,which may be held by the University shall, for the purposes of this section, be reckoned at their face value; and
(2) the aforesaid sum of thirty lakhs shall be reduced by such sums as, at the commencement of this act, the Central Government shall, by order in writing, declare to be the total capitalised value, for the purpose of this section-
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