Aligarh Muslim University Act, 1920- Sections 29 to 42

29. Power to make Ordinances.

[i][29. Power to make Ordinances.—(1) 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 award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be 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;

[ii][(g) the remuneration to be paid to the examiner, moderator, invigilator and tabulator;]

(h) the conditions of residence of the students of 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 studies;

(j) the giving of religious instruction;

(k) the emoluments and the terms and conditions of service of [iii][the academic and other staff of the University;]

(l) the maintenance of high schools and other institutions in accordance with the provisions of Section 12;

[iv][(m) the establishment of Centres of Study, Boards of Study, Inter-Disciplinary Committees, Special Centres, Specialised Laboratories, Committees on Advanced Study and Research, Committees of Department and Centres, Admission Committees, Examination Committee, Boards of Residence and Halls, Discipline Committee, Cultural Committee, Social Service Committee, Games Committee and Students' Advisory Committees;

(n) the manner of co-operation and collaboration with other Universities and authorities including learned bodies or associations;

(o) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University;

(p) such other terms and conditions of teachers as are not prescribed by the Statutes; and

(q) all other matters which by this Act or the Statutes may be provided for by the Ordinances.]

[v][(2) The Ordinances in force immediately before the commencement of the Aligarh Muslim University (Amendment) Act, 1972, may be amended, repealed or added to at any time by the Executive Council, provided that—

(i) in making the Ordinances in respect of the matters enumerated in sub-section (1) other than those enumerated in clauses (k) and (p), the Executive Council shall act on the recommendation of the Academic Council;

[vi][(ii) * * *]]

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

[vii][(4) Where the Executive Council has rejected or returned the draft of an Ordinance proposed by the Academic Council, the Academic Council may consider the question afresh and in case the original draft is reaffirmed by a majority of not less than two-thirds of the members present and voting and more than half the total number of members of the Academic Council, the draft may be sent back to the Executive Council which shall either adopt it or refer it to the Visitor whose decision shall be final.

(5) Every Ordinance made by the Executive Council shall come into effect immediately.

(6) Every Ordinance made by the Executive Council shall be submitted to the Visitor within two weeks. The Visitor shall have the power to direct the University within four weeks of the receipt of the Ordinance to suspend the operation of any such Ordinance and he shall, as soon as possible inform the Executive Council about his objection to the proposed Ordinance. The Visitor may, after receiving the comments of the University, either withdraw the order suspending the Ordinance or disallow the Ordinance, and his decision shall be final.]

30. [* * *]

30. [viii][* * *]

31. Regulations.

31. Regulations.—(1) The authorities 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 or committees appointed by them not provided for by this Act, the Statutes and 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 the keeping of a record of the proceedings of meetings.

[ix][(3) The Executive Council may direct the amendment, in such manner as it may specify, of any Regulation made under this section [x][other than any Regulation made by the Court] or the annulment of any such Regulation;]

[xi][* * * *]]

ADMISSION AND EXAMINATIONS

32. Admission to the University.

32. Admission to the University.—[Repealed by the Aligarh Muslim University (Amendment) Act, 1951 (62 of 1951), Section 23 (3-11-1951).]

33. Examinations.

33. Examinations.—(1) All arrangements for the conduct of examinations shall be made, and all examiners shall be appointed by [xii][the Executive Council on the recommendation of the Academic Council].

[xiii][(2)   *****]

(3) The Academic Council shall appoint examination committees, consisting of members of its own body or of other persons or of both, as it thinks fit, to moderate examination questions, [xiv][and prepare and publish] the results of the examinations [xv][****].

ANNUAL REPORT AND ACCOUNTS

34. Annual Reports.

[xvi][34. Annual Reports.—(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 after such date as may be prescribed by the Statutes and the Court shall consider the Report in its annual meeting.

(2) The Court shall submit the Annual Report to the Visitor and also to the Chancellor along with its comments, if any.]

[xvii][(3) A copy of the annual report as submitted to the visitor 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.]

35. Annual accounts.

[xviii][35. Annual accounts.—(1) The annual accounts and balance-sheet of the University shall be prepared under the direction of the Executive Council and shall, once at least every year and at intervals of not more than fifteen months, be audited by the Comptroller and Auditor-General of India or by such person or persons as he may authorise in this behalf.

(2) A copy of the annual accounts, together with the audit report thereon, shall be submitted to the Court and the Visitor along with the observations of the Executive Council.

(3) Any observations made by the Visitor on the annual accounts shall be brought to the notice of the Court and the observations of the Court, if any, shall after being considered by the Executive Council, be submitted to the Visitor.

(4) A copy of the annual accounts, together with the audit report, as submitted to the Visitor 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.

(5) The audited annual accounts after having been laid before both the Houses of Parliament, shall be published in the Gazette of India.]

SUPPLEMENTARY PROVISIONS

36. Conditions of service of officers and teachers.

36. Conditions of service of officers and teachers.—(1) Every [xix][employee] of the University shall be appointed on a written contract, which shall be lodged with the University and a copy of which shall be furnished to the [employee] concerned.

(2) Any dispute arising out of a contract between the University and any of its [employee] shall at the request of the [employee] concerned, be referred to a Tribunal of Arbitration consisting one member appointed by the Executive Council, one member nominated by the [employee] concerned and an umpire appointed by the [xx][Visitor]. The decision of the Tribunal shall be final, and no suit shall lie in any Civil Court in respect of the matters decided by the Tribunal. Every such request shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Indian Arbitration Act, 1899, and all the provisions of that Act, with the exception of Section 2 thereof, shall apply accordingly.

36-A. Procedure of appeal and arbitration in disciplinary cases against students.

[xxi][36-A. Procedure of appeal and arbitration in disciplinary cases against students.—(1) Any student or candidate for an examination whose name has been removed from the rolls of the University by the orders or resolution of the Vice-Chancellor, Discipline Committee or Examination Committee, as the case may be, and who has been debarred from appearing at the examinations of the University for more than a year, may, within ten days of the date of receipt of such order or copy of such resolution by him, appeal to the Executive Council and the Executive Council may confirm, modify or reverse the decision of the Vice-Chancellor or the Committee, as the case may be.

(2) Any dispute arising out of any disciplinary action taken by the University against a student shall at the request of such student, be referred to a Tribunal of Arbitration and the provisions of sub-section (2) of Section 36 shall, as far as may be, apply to the reference made under this sub-section.

36-B. Right to appeal.

36-B. Right to appeal.—Every employee or student of the University shall, notwithstanding anything contained in this Act, have a right to appeal, within such time as may be prescribed by the Statutes, to the Executive Council against the decision of any officer or authority of the University and thereupon the Executive Council may confirm, modify or reverse the decision appealed against.]

37. Provident and pension funds.

37. Provident and pension funds.—(1) The University shall constitute for the benefit of its officers, teachers and servants such [xxii][pension or provident funds or provide such insurance scheme] as it may deem fit in such manner and subject to such conditions as may be prescribed by the Statutes.

(2) Where such provident or pension fund has been so constituted, the Central Government may declare that the provisions of the Provident Funds Act, [xxiii][1925], shall apply to such fund, as if it were a Government provident fund.

38. Filling of casual vacancies.

38. Filling of casual vacancies.— [xxiv][(1)* * * *].

(2) [xxv][***] [xxvi][*] casual vacancies in [xxvii][any office or in any authority] shall be filled by the authority which has power to appoint to the office or authority; [xxviii][****]

39. Proceedings of University authorities not invalidated by vacancies.

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

40. Protection of action taken in good faith.

[xxix][40. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against any officer or employee of the University for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act, Statutes or Ordinances.

41. Mode of proof of University record.

41. Mode of proof of University record.—A copy of any receipt, application, notice, order, proceeding, resolution of any authority or committee of the University or other documents in possession of the University or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding or resolution, document or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the Indian Evidence Act, 1872 or in any other law for the time being in force.]

42. Appointment of Pro-Vice-Chancellor not obligatory.

42. Appointment of Pro-Vice-Chancellor not obligatory.—[Repealed by the Aligarh Muslim University (Amendment) Act, 1945 (11 of 1945), Section 7 (4-9-1945)].

The schedule.

THE SCHEDULE.— For the Statutes of the University, see University Calendar.

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