Delhi University Act, 1922- Sections 31 to 48

31. Ordinances how made.

31. Ordinances how made.—(1) The Ordinances of the University as in force immediately before the commencement of the Delhi University (Amendment) Act, 1952 (5 of 1952), may be amended, repealed or added to at any time by the Executive Council:

Provided that—

(i) no Ordinance shall be made affecting the conditions of residence or discipline of students, except after consultation with the Academic Council;

(ii) no Ordinance shall be made—

(a) affecting the admission on enrolment of students or prescribing examinations to be recognized as equivalent to the University examinations, or

(b) affecting the conditions, mode of appointment or duties of examiners or the conduct or standard of examinations or any course of study,

unless a draft of such Ordinance has been proposed by the Academic Council.

(2) The Executive Council shall not have power to amend any draft proposed by the Academic Council under the provisions of sub-section (1) but may reject the proposal or return the draft to the Academic Council for reconsideration, either in whole or in part, together with any amendments which the Executive Council may suggest.

(3) Where the Executive Council has rejected the draft of an Ordinance proposed by the Academic Council, the Academic Council may appeal to the Central Government and the Central Government may, by order, direct that the proposed Ordinance shall be laid before the next meeting of the Court for its approval and that pending such approval it shall have effect from such date as may be specified in the order:

Provided that if the Ordinance is not approved by the Court at such meeting, it shall cease to have effect.

(4) All Ordinances made by the Executive Council shall be submitted, as soon as may be, to the Visitor and the Court, and shall be considered by the Court at its next meeting and the Court shall have power, by a resolution passed by a majority of not less than two-thirds of the members voting, to cancel any Ordinance made by the Executive Council, and such Ordinance shall from the date of such resolution cease to have effect.

(5) The Visitor may, by order, direct that the operation of any Ordinance shall be suspended until he has had an opportunity of exercising his power of disallowance, and any order of suspension under this sub-section shall cease to have effect on the expiration of one month from the date of such order or on the expiration of fifteen days from the date of consideration of the Ordinance by the Court, whichever period expires later.

(6) The Visitor may, at any time after an Ordinance has been considered by the Court, signify to the Executive Council his disallowance of such Ordinance, and from the date of receipt by the Executive Council of intimation of such disallowance such Ordinance shall cease to have effect.]

32. Regulations.

32. Regulations.—(1) The authorities [i][* * *] of the University may make Regulations consistent with this Act, the Statutes and the Ordinances—

(a) laying down the procedure to be observed at their meetings and the number of members required to form a quorum;

(b) providing for all matters which by this Act, the Statutes or the Ordinances are to be prescribed by Regulations; and

(c) providing for all other matters solely concerning such authorities [ii][or Committees appointed by them] and not provided for by this Act, the Statutes or the Ordinances.

(2) Every authority of the University shall make Regulations providing for the giving of notice to the members of such authority of the dates of meetings and of the business to be considered at meetings, and for keeping of a record of the proceedings of meetings.

(3) The Executive Council may direct the amendment, in such manner as it may specify, of any Regulation made under this section or the annulment of any Regulation made under sub-section (1).

[iii][(4) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official Gazette.

(5) Every Statute, Ordinance or Regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the Statute, Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regulation should not be made, the Statute, Ordinance or Regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Statute, Ordinance or Regulation:]

Provided that any authority or Board of the University which is dissatisfied with any such direction may appeal to the [iv][Court], whose decision in the matter shall be final.

33. Residence.

33. Residence.—Every student of the University [v][(other than a student who pursues a course of study by correspondence)] shall reside in a College or a Hall, or under such conditions as may be prescribed by [vi][* * *] the Ordinances.

34. Colleges.

34. Colleges.— [vii][(1) The colleges shall be such as may, after the commencement of the Delhi University (Amendment) Act, 1943 (24 of 1943), be recognised by the Executive Council in accordance with this Act and the Statutes, but shall include all colleges recognised at the commencement of the said Act as Colleges of the University so long as such recognition continues.]

(2) The conditions of residence in the colleges shall be prescribed by the Ordinances, and every colleges shall be subject to inspection by any member of the Residence, Health and Discipline Board authorized in this behalf by the Board and by any officer of the University authorized in this behalf by the Executive Council.

35. Halls.

35. Halls.—(1) The Halls shall be such as may be maintained by the University or approved and recognized by the Executive Council on such general or special conditions as may be prescribed by the Ordinances.

(2) The wardens and superintending staff of the Halls shall be appointed in the manner prescribed by the [viii][Ordinances].

(3) The conditions of residence in the Halls shall be prescribed by the Ordinances, and every Hall shall be subject to inspection by any member of the Residence, Health and Discipline Board authorized in this behalf by the Board and by any officer of the University or other person authorized in this behalf by the Executive Council.

(4) The Executive Council shall have power to suspend or withdraw the recognition of any Hall which is not conducted in accordance with the conditions prescribed by the Ordinances.

36. Admission to University courses.

36. Admission to University courses.—[Repealed by the Delhi University (Amendment) Act, 1952 (5 of 1952), Section 22.]

37. Examinations.

37. Examinations.—[Repealed by the Delhi University (Amendment) Act, 1952 (5 of 1952), Section 22.]

38. Annual report.

38. Annual report.—[ix][(1)] The annual report of the University shall be prepared under the direction of the Executive Council, and shall be submitted to the Court on or before such date as may be prescribed by the Statutes, and shall be considered by the Court at its annual meeting. The Court may pass resolutions thereon and communicate the same to the Executive Council.

[x][(2) A copy of the annual report, as prepared under sub-section (1), shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both Houses of Parliament.]

39. Audit of accounts.

[xi][39. Audit of accounts.—(1) The accounts of the University shall, once at least in every year and at intervals of not more than fifteen months, be audited by the Comptroller and Auditor-General of India.

(2) The accounts, when audited, shall be published in the Gazette of India, and a copy of the accounts together with the audit report shall be submitted by the University to the Visitor.]

[xii][(3) A copy of the accounts, together with the audit report, shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both Houses of Parliament.]

40. Removal of names of registered graduates.

40. Removal of names of registered graduates.—[Repealed by the Delhi University (Amendment) Act, 1952 (5 of 1952), Section 24.]

41. Disputes as to constitution of University authorities and bodies.

41. Disputes as to constitution of University authorities and bodies.—If any question arises whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Chancellor, whose decision thereon shall be final.

42. Constitution of committees.

42. Constitution of committees.—Where any authority of the University is given power by this Act or the Statutes to appoint committees, such committees shall, save as otherwise provided, consist of members of the authority concerned and of such other persons (if any) as the authority in each case may think fit.

43. Filling of casual vacancies.

43. Filling of casual vacancies.—All casual vacancies among the members (other than ex–officio members) of any authority or other body of the University shall be filled, as soon as conveniently may be, by the person or body who appointed, elected or co-opted the member whose place has become vacant, and the person appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.

44. Proceedings of University authorities and bodies not invalidated by vacancies.

44. Proceedings of University authorities and bodies not invalidated by vacancies.—No act or proceeding of any authority or other body of the University shall be invalidated merely by reason of the existence of a vacancy or vacancies among its members.

45. Conditions of service of officers and teachers.

[xiii][45. Conditions of service of officers and teachers.—(1) Every salaried officer and teacher of the University shall be appointed under a written contract, which shall be lodged with the University and a copy thereof shall be furnished to the officer or teacher concerned.

(2) Any dispute arising out of a contract between the University and any of its officers or teachers shall, at the request of the officer or teacher concerned or at the instance of the University, be referred to a Tribunal of Arbitration consisting of one member appointed by the Executive Council, one member nominated by the officer or teacher concerned and an umpire appointed by the Visitor, and the decision of the Tribunal shall be final.]

46. Pension and provident funds.

46. Pension and provident funds.—(1) The University shall constitute, for the benefit of its officers, teachers, clerical staff and servants, in such manner and subject to such conditions as may be prescribed by the Statutes, such pension, insurance and provident funds as it may deem fit.

(2) Where any such pension, insurance or provident fund has been so constituted, [xiv][or where any such pension, insurance or provident fund has been constituted by a college under rules which have been approved by the Central Government], the Central Government may declare that the provisions of the Provident Fund Act, [xv][1925] (19 of 1925), shall apply to such funds, as if it were a Government Provident Fund.

[xvi][* * *]

47. Removal of difficulties.

47. Removal of difficulties.—[Repealed by the Delhi University (Amendment) Act, 1943 (24 of 1943), Section 15.]

48. Completion of courses for students at Delhi Colleges.

48. Completion of courses for students at Delhi Colleges.—[Repealed by the Delhi University (Amendment) Act, 1943 (24 of 1943), Section 15.]

Schedule

For the Statutes of the University see University Calendar.

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