Aligarh Muslim University Act, 1920

Aligarh Muslim University Act, 1920

Act No. 40 of 1920

[14th September, 1920]

An Act to [i][***] incorporate a teaching and residential Muslim University at Aligarh.

WHEREAS it is expedient to [***] 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:—

1. Short title and commencement.

1. Short title and commencement.—(1) This Act may be called The Aligarh Muslim University Act, 1920.

(2) It shall come into force on such date[ii] as the Central Government may, by notification in the Official Gazette, appoint.

2. Definitions.

[iii]2. 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;

[iv](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;

[v][(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;

[vi](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].]

THE UNIVERSITY

3. Incorporation.

[vii][3. 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.]

4. Dissolution of the Muhammadan Anglo-Oriental College, Aligarh and the Muslim University Association, and transfer of all property to the University.

4. 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 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 his 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.

5. Powers of the University.

5. 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) [viii][(a)] to promote Oriental and Islamic studies and give instruction in Muslim theology and religion and to impart moral and physical training;

[ix][(b) to promote the study of the religions, civilisation and culture of India.]

[x][(c) to promote especially the educational and cultural advancement of the Muslims of India;]

[xi](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 distinctions [xii][***] in the manner laid down in the Statutes;

[xiii](5) to provide instruction for such persons who are not members of the University, as the University may determine;]

(6) to co-operate [xiv][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 and [xv][*] other [xvi][teaching or academic posts] required by the University, and to appoint persons to such professorships, readerships, lectureships [xvii][and other posts] [xviii][and determine their conditions of service in accordance with the statutes];

[xix](7A) to appoint persons working in any other University, institution or organisation as teachers of the University for a specified period];

(8) to institute and award fellowships (including travelling fellowships), scholarships, [xx][studentships] exhibitions and prizes in accordance with the Statutes and the Ordinances;

[xxi](9) to institute and maintain halls for the students of the University;]

[xxii][(9A) to establish within a radius of twenty-five kilometers 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; [xxiii][*];

(11A) to make special arrangements in respect of the residence, discipline and teaching of women students;

(11B) to create administrative, ministerial and other [xxiv][****] posts and to make appointments thereto [****][and determine their conditions of service in accordance with the statutes];

[xxv](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 University [xxvi][***].

6. Recognition of degrees.

6. Recognition of degrees.—The degrees, diplomas and other academic distinctions granted or conferred to or on persons by the University shall be recognised by [xxvii][the Central and State Governments] as are the corresponding degrees, diplomas and other academic distinctions granted by any other University incorporated under any enactment.

7. Reserve fund.

7. 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 in [xxviii][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 the Indian 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—

(a) of all permanent recurring grants of money which have been made either to the Muhammadan Anglo-Oriental College, Aligarh, the Muslim University Association or the Muslim University Foundation Committee, by any Ruler of a State in India; and

(b) of the total income accruing from immovable property (not being land or buildings, in the occupation and use of the said college) which by the operation of this Act has been transferred to the University.

8. University open to all persons.

[xxix][8. University open to all persons.—The University shall be open to all persons (including the teachers and taught) of either sex and of whatever race, religion, creed, caste or class:

Provided that nothing in this section shall be deemed to prevent religious instruction being given in the manner prescribed by the Ordinances to those who have consented to receive it.]

9. Religious instruction.

9. Religious instruction.—[Repealed by the Aligarh Muslim University (Amendment) Act, 1951 (62 of 1951), S. 6 (3-11-1951).]

10. Residence of students.

10. Residence of students.—Every student of the University shall reside either in the Hall [xxx][or hostel] or under such conditions as may be prescribed by the Ordinances.

11. Teaching in the University.

[xxxi][11. Teaching in the University.—All recognised teaching for the purpose of University degrees, diplomas and certificates shall be conducted [xxxii][under the supervision of the Academic Council and in accordance with the Statutes and Ordinances].

12. Power to establish and maintain High Schools and other institutions.

[xxxiii][12. Power to establish and maintain High Schools and other institutions.—(1) The University shall, subject to the Statutes, have power to establish and maintain High Schools within a radius of fifteen miles from the University Mosque.

(2) The University may also, with the sanction of the Visitor and subject to the Statutes and the Ordinances, [xxxiv][establish and maintain such Special Centres, Specialised Laboratories or such other institutions for research or instruction as are necessary for the furtherance of its objects either on its own or in co-operation or collaboration with any other institution.]]

12A. Power to recognise colleges and institutions.

12A. Power to recognise colleges and institutions.— [xxxv][* * *]

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