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DELHI UNIVERSITY ACT, 1922
8 of 1922
5th March, 1922
(I) (i) " The University Education Commission, while making certain recommendations in regard to University education generally, also dealt with certain special problems relating to the Central Universities at Benares, Aligarh and Delhi. These recommendations were generally approved by the Central Advisory Board of Education at their meeting in April. 1950. While the amendments necessitated by the acceptance of these recommendations could be given effect to during the last session of Parliament with respect to the Aligarh Muslim University Act and the Benares Hindu University Act. time did not permit of similar amendments being carried out with respect to the Delhi University Art, 1022. The amendments contained in the present Rill are identical with those accepted by Parliament in regard to the Benares Hindu University Act and the Aligarh Muslim University Act after detailed consideration by a Select Committee and full discussion in Parliament. The main feature of this Bill. as in the case of the other two Bills, are that religious insi ruction is to be given only to those who wish to receive it as required by Article 28 (3) of the Constitution, and that the President of India is to be the Visitor of the University. Power is assumed for a temporary period, as in the case of the other two Bills, to make modifications in the Statutes so as to bring them into accord with the principal Act as now amended and the recommendations of the University Education Commission. The other amendments proposed do not call for any detailed comments." - Gazette of India. 1952. Pt. II. Sec. 2. p. 21. (ii) The question of reorganisation of the Delhi University has been under consideration for quite some time. On the request of the Ministry of Education the University Grants Commission constituted a Committee under the chairmanship of the Vice- Chancellor of the Delhi University to go into the administrative and organisational diffici.iltics (including University College relationship) of the University, The Committee submitted its 1
<.cport and its recommen- dations are as follows : - (a) I he Act should be amended to give power to the University to declare certain colleges as autonomous colleges. (b) The Colleges may be grouped together into two or three groups and a College Council may be appointed to look alter each group of colleges. A College Council should have the same powers as the Executive Council and should be headed by a full-time Chairman, appointed by (he Visitor on the recommendation of the Vice- Chancellor or the Executive Council. 2. The Lniversity Grants Commission while considering the Report of the Committee had strongly supported the concept of autonomous colleges and decentralisation of administration. 3. After consideration of the recommendations of the said Committee and the views of the Vice-Chancellor, the Delhi University Act was amended by an Ordinance so that the University may have the following powers before the commencement of the next academic session, namely- (a) to declare colleges conducting courses of study in the Faculties of Medicine. Technology. Music and Fine Arts as autonomous colleges: (b) to empower the University to set up one or more College (councils: (c) empower the Executive Council of the University, instead of the Court, to make new or additional Statutes or amend the existing statutes with the approval of the Visitor of the University. 4. The Bill seeks to replace the said Ordinance - S.O.R. Gaz. of India. 3-8-72. Pt. II. S. 2. Ext., p.653.
An Act to establish and incorporate a
1[teaching and affiliating University] at Delhi. WHEREAS it is expedient to establish and incorporate a2[teaching and affiliataing University at Delhi: It is hereby enacted as follows: -
SECTION 01: SHORT TITLE AND COMMENCEMENT
(1) This Act may be called the Delhi University Act, 1922.
(2) It shall come into force on such date3as the3[Central Government] may, by notification in the4 [Official Gazette], direct
SECTION 02: DEFINITIONS
- In this Act and in the Statutes, unless there is anything repugnant in the subject or context, -
5[(a) "College" means an institution maintained or admitted to its privileges by the University, and includes an Affiliated College and a Constituent College.
(b) "Hall" means a unit of residence for students of the University provided, maintained or recognised by it.]
(c) "Patron of the University" means a person who has made a donation of not less than one lakh of rupees to the funds of the University, and has been declared by the Chancellor to be a Patron of the University;
(d) "Principal" means the head of a College6[and includes, when there is no principal, the person for the lime being duly appointed to act as Principal, and. in the absence of lhe Principal or the acting Principal, a Vice-Principal duly appointed as such];
7[(e) * * * * *]
(f) "Statutes, "Ordinances " and "Regulations" mean, respectively, the Statutes, Ordinances and Regulations of the University made under this Act;
(g) "teachers" includes Professors, Readers, Lecturers and other persons imparting instruction in the University or in any College or Hall;
8[(h) "teachers of the University" means persons appointed or recognized by the University for the purpose of imparting instruction in the University or in any College;]
(i) " University" means the University of Delhi; and
(j) "Warden" means the head of a Hall.
SECTION 03: THE UNIVERSITY
(1) The First Chancellor and the First Vice-Chancellor or the University and lhc First members of the Court, the Executive Council and lhc 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 a body corporate by the name of "the University of Delhi".
(2) The University shall have perpetual succession and a common seal, and shall sue and lie sued by lhc said name.
SECTION 04: 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,
9[(2) to hold examinations and to grant to, and confer degrees and other academic distinctions on persons who -
(a) have pursued a course of study in the University or in any College, or
(b) arc non -collegiate women students residing within the territorial jurisdiction of the University, or
(c) are teachers in educational institutions under conditions laid down in the Statutes and Ordinances and have passed lhc examinations of the University under like conditions. ]10[or
(d) have pursued a course of study by correspondence, whether residing within the territorial jurisdiction of the Universily or not,]11[or]11[have been registered by the Universily. subject to such conditions as may be laid down in the Statutes and ordinances, as external candidates, being persons residing within the territorial limits to which the powers of lhc Universily extend,]
(3) to confer honorary degrees or other distinctions on approved persons in the manner laid down in lhc Statutes,
(4) to grant such diplomas to, and to provide such lectures and instruction for, persons not being members of the Universily, as the University may determine,
(5) to co-operate with other Univesities and authorities in such manner and for such purposes as the Universily may determine,
(6) to institute Professorships, Readerships, Lecturerships and any other teaching posts required by lhc Universily,
(7) to appoint or recognize persons as Professors, Readers or Lecturers, or otherwise as teachers of lhc Universily,
(8) to institute and award Fellowships, Scholarships, Exhibitions and Prizes12[ * * *],
13[(9) to maintain Colleges and Halls, to admit to its privileges colleges not maintained by the University and to withdraw all or any of those privileges, and to recognise Halls not maintained by the University and to withdraw any such recognition,]
14[(9A) to declare, with the consent of the colleges concerned, in the manner specified by the Academic Council, colleges conducting courses of study in the Faculties of Medicine, Technology, Music or Fine Arts as autonomous colleges : Provided that the extent of the autonomy which each such college may have, and the matters in relation to which it may exercise such autonomy, shall be such as may be prescribed by the Statutes;
(9B) to set up one or more College Administrative Councils for two or more colleges with 'such composition, powers and functions as may be laid down in the Statutes;]
(10) to demand and receive payment of such fees and other charges as may be authorized by the Ordinances,
(11) to supervise and control the residence and discipline of students of the University, and to make arrangement for promoting their health and general welfare.
15[(11A) to make grants from the funds of the University for assistance to forms of extra-mural leaching,]
16[(12) to make special arrangements in respect of the residence, discipline and teaching of women students,
17[(12A) to acquire, hold, manage and dispose of property movable or immovable, including trust or endowed properly, for the purposes of the University,
(12B) with the approval of the Central Government to borrow, on the security of University properly, money lor the purposes of the University.]
18[12C] to create administrative and ministerial and other necessary posts and to make
appointments thereto, and]
(13) to do all such other acts and things, whether incidental to lhc powers aforesaid or not. as may be requisite in order to further the objects of the University as a leaching and examining body. And to cultivate and promote arts, science and other branches of learning.
Clause (d) inserted in sub-section (1) in 1961 - " The Third Five -Year Plan includes a scheme for instituting evening colleges and for the introduction of correspondence courses under the various University in India. To begin with. the correspondence courses will be conducted in the Arts subjects but at a later stage Science subjects may also he included. These courses are likely to benefit mostly those who are living faraway from the University and College centres and also those who are unable to obtain admission or otherwise prosecute higher studies in colleges. The Expert committee appointed by the Central Government ......has, with the concurrence of the University of Delhi, recommended that correspondence courses be introduced under the University of Delhi from January. 1962. Such courses will be open not only to those who reside in the Union Territory of Delhi hut also to those who reside outside that territory.Section 5however, precludes the University from exercising the powers conferred upon ilbeyond the limits of the Union Territory of Delhi, It is. therefore, proposed to amend the Act suitably in order to enable the University to conduct such courses and to confer degrees, etc.. on persons who have pursued a course of study by correspondence........." - S..O.R.. Gazette of India, 1961. Extra. Pt. 11. Sec. 2, p. 894.
SECTION 05: TERRITORIAL EXERCISE OF POWERS
(1) Save as otherwise provided in this Act, the powers of the University conferred by or under this Act19[(other than those conferred by sub-clause (d) of clause (2) ofsection 4-)] shall not extend20 [beyond the limits of the State of Delhi], and notwithstanding anything in any other law for the time being in force,, no educational institution beyond21[those limits] shall be associated with or admitted to any privileges of the University:22[ * * * * * ]
26[(1A) Notwithstanding anything contained in sub-section (1), the Central Government may, if it is of opinion that it is necessary or expedient so to do in the public interest, direct, by order in writing, the University to admit to its privileges any institution situated outside India and the University shall be bound to comply with such direction.]
(2) Notwithstanding anything in any other law for the lime being in force,23[but subject to the provisions contained inThe Jawaharlal Nehru University Act, 1966,] no educational institution within the24[aformentioned limits] shall be associated in any way with or be admilted to any privileges of any other University incorporated by law in the States, and any such privileges granted by any such other University to any educational institution within25[those limits] prior lo the commencement of this Act shall be deemed to be withdrawn on the commencement of this Act:
Provided that the Central Government may, by order in writings direct that the provisions of this sub-section shall not apply in the case of any institution specified in the order.
27"Provided further that provisions of this sub-section shall not apply in the case of any education institution affiliated to the Indraprastha Vishwavidyalaya incorporated under the Indraprastha Vishwavidyalaya Act, 1998 (Delhi Act 9 of 1998).".
SECTION 06: UNIVERSITY OPEN TO ALL CLASSES, CASTES AND CREEDS
- The University shall be open to all persons of either sex and of whatever race,28[creed, caste or class] and it shall not be lawful for lhe University to adopt or impose on any person any lest whatsoever of religious belief or profession in order to entitle him to be admilled thereto as a teacher or student, or to hold any office therein, or to graduate thereat, or to enjoy or exercise any privilege thereof, except29[* *] in respect of any particular benefaction accepted by the University, where such test is made a condition thereof by any testamentary or other instrument creating such benefaction: Provided that nothing in this section shall be deemed to prevent religious instruction being given in the manner prescribed by the Ordinances to those30[who have consented to receive it.
SECTION 07: TEACHING OF THE UNIVERSITY
(1) All recognized teaching in connection with the University courses shall be conducted under the control of the Academic Council by teachers of the University, and shall include lecturing, laboratory work and other teaching conducted in accord- ance with any syllabus prescribed by the Regulations.
31[(2) * * * * *]
(3) The authorities responsible for organizing such teaching shall he prescribed by the Statutes.
(4) The courses and curricula shall be prescribed by the Ordinances and, subject thereto, by the Regulations.
32[(5) * * * * * ]
SECTION 7A: 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 institution maintained by the University, and also of the examination, teaching and other work conducted or dune by the University and to cause an inquiry to be made in like manner in respect of any mailer connected with the University.
(3) The Visitor shall in every case give notice to the University of his intention to cause an inspection or inquiry to be made, and the University shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry.
(4) The Visitor may address the Vice-Chancellor with reference to the result of such inspection and inquiry, and the Vice- Chancellor shall communicate to the Executive Council the views of the Visitor with such advice as the Visitor may offer upon the action to he taken thereon.
(5) The Executive Council shall communicate through the Vice-Chancellor to the Visitor such action, if any, as it is proposed to take or has been taken upon the result of such inspection or inquiry.
(6) Where the Executive Council docs not, within a reasonable time. lake action to I he satisfaction of the Visitor, the Visitor may, after considering any explanation furnished or representation made by the Executive Council, issue such directions as he may think fit and the Executive Council shall be bound to comply with such directions.
(7) 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 the 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 shall consider the same.]
SECTION 7B: CHIEF RECTOR AND RECTORS
(1) The Chief Commissioncr35of the State of Delhi shall be the Chief Rector of the University.
(2) Such persons, as may be appointed in this behalf in accordance with the Statutes, shall be the Rectors of the University.]
SECTION 08: OFFICERS OF THE UNIVERSITY
- The following shall be the officers ol the University: -
(i) the Chancellor,
(ii) the Pro-Chancellor,
(iii) the Vice-Chancellor,
36[(iv) the Pro-Vice-Chancellor, if any,]
(v) the Treasurer,
(vi) the Registrar,
(vii) the Deans of the Faculties, and
(viii) such other persons in the service of the University as may be declared by the Statutes to be officers of the University.
SECTION 09: 9-15
(Repealed by the Delhi University (Amendment) Act, 1952 (5 of 1952), S. 10 (1-3-1952).
SECTION 16: POWERS AND DUTIES OF OFFICERS, ETC
- Subject to the provisions of this Act, the powers and duties of the officers of the University, the terms for which they shall hold office and the Filling of casual vacancies in such offices shall be provided for by the Statutes.]
SECTION 17: AUTHORITIES OF THE UNIVERSITY
- The following shall be the authorities of the University: -
(i) the Court
(ii) the Executive Council,
(iii) the Academic Council,
38[(iiia) the Finance Committee,]
(iv) the Faculties, and
(v) such other authorities as may be declared by the Statutes to he authorities of the University.
SECTION 18: THE COURT
- The Court shall be the supreme aulhority of theUniversity and shall have the power to review the acts of the Executive Council and the Academic Council (save when these authorities have acted in accordance with the powers conferred upon them under this Act, the Statutes or the Ordinances ) and shall exercise all the powers of the University not otherwise provided for by this Act or the Statutes.]
SECTION 19: MEETING OF THE COURT
[Repcaled by the Delhi University (Amendment) Act, 1952 (5 of 1952), S. 14 (1-3-1952).]
SECTION 20: POWERS AND DUTIES OF THE COURT
[Repealed by the Delhi University (Amendment) Act, 1952 (5 of 1952), S. 14 (1-3-1952).]
SECTION 21: THE EXECUTIVE COUNCIL
- The Executive Council shall be the executive body of the University, and its constitution and the terms of office of its members, other than ex-officio members, shall be prescribed by the Statutes.
SECTION 22: POWERS AND DUTIES OF THE EXECUTIVE COUNCIL
[Repcaled by the Delhi University (Amend- ment) Act, 1952 (5 of 1952), S. 14 (1-3-1952).]
SECTION 23: THE ACADEMIC COUNCIL
- The Academic Council shall be the academic body of the University, and shall, subject to the provisions of this Act, the Statutes and the Ordinances, have the control and general regulation, and be responsible for the maintenance of standards of. instruction, education and examination within the University, and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes. It shall have the right to advise the Executive Council on all academic matters. The constitution of the Academic Council and the term of office of its members, other than ex officio members. shall be prescribed by the Statutes.
SECTION 24: THE FACULTIES
[Repcaled by the Delhi University (Amendment) Act, 1952 (5 of 1952). S. 14 (l-3-1952).1
SECTION 25: POWERS AND DUTIES OF AUTHORITIES OF THE UNIVERSITY
- Subject to the provisions of this Act, the constitution, powers and duties of the authorities of the University shall be provided for by the Statutes,]
SECTION 26: UNIVERSITY BOARDS
- The University shall include a Residence, Health and Discipline- Board and such other Boards as may be prescribed by the Statutes.
SECTION 27: CONSTITUTION, ETC., OF BOARDS TO BE PRESCRIBED BY ORDINANCES
- The constitution, powers and duties of the Residence, Health and Discipline Board and of all other Boards of the University shall be prescribed by the Ordinances.
SECTION 28: STATUTES
- Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely: -
(a) the constitution, powers and duties of the Court, the Executive Council, the Academic Council, the Finance Committee and such other bodies as may be deemed necessary to constitute from lime to lime.
(b) the election and continuance in office of the members of the said bodies, including the continuance in office of the first members, and the filling of vacancies of members, and all other matters relative to those bodies for which it may be necessary or desirable to provide;
(c) the appointment, powers and duties of the officers of the University;
(d) the constitution of a pension or provident fund and the establishment of an insurance scheme for the benefit of the officers, teachers and other employees of the University;
(c) the conferment of honorary degrees;
(f) the withdrawal of degrees, diplomas, certificates and other academic distinctions;
(g) the establishment and abolition of faculties, departments, halls, colleges and institutions;
(h) the conditions under which colleges and other institutions may be admitted to the privileges of the University and the withdrawal of such privileges;
42(hh)hc extent of the autonomy which a college, declared as an autonomous college under clause (9A) ofsection 4-, may have and the mailers in relation to which such autonomy may be exercised;
(hhh) the composition, powers and functions of college Administrative Councils;]
(i) the institution of fellowships, scholarships, studentships, exhibitions, medals and prizes; and (j) all other matters which by this Acts are or may be provided for by the Statutes.]
Clause 3 of the Bill proposes to insert two new clauses insection 28-of the principal Act dealing with the power to make Statutes. The mailers in respect of which Statutes may be made under the new clauses relate to the extent of the autonomy which a college, declared as an autonomous College, will have and the composition powers and functions of college Councils - S.O.R... see Gax. of Ind. 3-8.72. Pt. II. S. 2. Ext.. p. 654.
SECTION 29: STATUTES HOW MADE
43[(1) On the commencement of the Delhi University (Amendment) Act, 1943, the Statutes of the University shall be those set out in the Schedule.)
44[(2) The Executive Council may, from time to time, make new or additional Statutes or may amend or repeal the Statutes: Provided further that the Executive Council shall not make, amend or repeal any Statute affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Executive Council: Provided further that except with the prior concurrence of the Academic Council, the Executive Council shall not make, amend or repeal any Statute affecting all or any of the following matters, namely:-
(i) the constitution, powers and duties of the Academic Council, and the other powers which may be conferred, and duties which may be imposed, on the Academic Council;
(ii) the authorities responsible for organising recognised teaching in connection with the University courses;
(iii) the withdrawal of Degrees, Diplomas, Certificates, and other academic distinctions;
(iv) the establishment and abolition of Faculties, Departments. Halls. Colleges and Inslitutions;
(v) the conditions under which Colleges and other Institutions may he admilted to the privileges of the University and the withdrawal of such privileges;
(vi) the institution of Fellowships, Scholarships, Studentships, Exhibitions, Medals and Prizes:
(vii)lhe extent of the autonomy which a college may have and the mailers in relation to which such autonomy may be exercised.
(viii) the composition, powers and functions of College Administrative Councils; and
(ix) the conditions on the fulfilment of which the teachers of Colleges and Institutions may he - recognised as teachers of the University.
(3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the previous approval of the Visitor who may sanction, disallow or return it to the Executive Council for further consideration.]
Clause 4 of the Bill proposes to substitute sub-sections (2) to (6) orsection 29-of the principal Act by new sub-sections so as to empower the Executive Council of the University instead of the Court as at present, to make new or additional Statutes or amend or repeat the Statutes with the previous approval of the visitor. The matters on which Statutes may be made by the executive Council relate to the constitution and powers of the authorities of the University, the appointment, powers and duties of officers of the University and other matters.-S.O.R. Gaz. of Ind. 3-8-72, Pt. II. S. 2, Ext. p. 654.
SECTION 30: ORDINANCES
- Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely: -
(a) the admission of students to the University and their enrolment as such;
(b) the courses of study to be laid down for all degrees, diplomas and certificates of the
University;
(c) the degrees, diplomas, certificates and other academic distinctions to he awarded by the University, the qualifications for the same, and the means to he taken relating to the granting and obtaining of the same;
(d) the fees to be charged for courses of study in the University and for admission to the examinations, degrees and diplomas of the University;
(e) the conditions of the award of fellowships, scholarships, studentships, exhibitions, medals and prizes:
(f) the conduct of examinations, including the terms of office and manner of appointment and the duties of examining bodies, examiners and moderators;
(g) the maintenance of discipline among the students of the University;
(h) the conditions of residence of students, at the University.
(i) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students, and the prescribing for them of special courses of study;
(j) the giving of religious instruction;
(k) the emoluments and the terms and conditions of service of teachers of the University;
(l) the management of colleges and other institutions founded or maintained by the University;
(m) the supervision and inspection of colleges and other institutions admitted to privileges of the University; and
(n) all other mailers which by this Act or the Statutes are to be or may he provided for by the Ordinances.]
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