(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.]
SECTION 31: ORDINANCES HOW MADE
(1) The Ordinances of the University as in force immediately before the commencement of the Delhi University (Amendment) Act, 1952, may be amended, repealed or added to at any lime 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 or enrolment of students or prescribing examinations to be recognised as equivalent to the University examinations, or
(b) affecting the conditions, mode of appointment or duties of examiners or the conduct or standard of examination 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 lo the Academic Council for reconsideration, either in whole or in part, together with any amend- ments 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 tor its approval and that pending such approval it shall have effect from such dale as may be specified in the order : Provided that if the Ordinance is not approved by the Court at such meeting, it shall cease lo have effect.
(4) All Ordinances made by the Executive Council shall be submilled, as soon as maybe, lo 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 tlie dale 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 dale of such order or on the expiration of fifteen days from the dale of consideration of the ordinance by the Court, whichever period expires later.
(6) The Visitor may, at any lime after an Ordinance has been considered by the Court, signify to the Executive Council his disallowance of such ordinance, and from the dale of receipt by the Executive Council of intimation of such disallowance such Ordinance shall cease to have effect.]
SECTION 32: REGULATIONS
(1) The authorities47[* * *] 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 mailers which by this Act, the Statutes or the Ordinances are to he prescribed by Regulations; and
(c) providing for all other matters solely concerning such authorities48[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 lor 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): Provided that any authority or Board of the University which is dissatisfied with any such direction may appeal to the49[Court] whose decision in the matter shall he Final.
SECTION 33: RESIDENCE
- Every student of the University50[(other than a student who pursues a course of study by corrcspondence)] shall reside in a College or a Hall, or under such conditions as may be prescribed by51[* * *] the Ordinances.
SECTION 34: COLLEGES
52[(1) The Colleges:shall be such as may, after the commencement of the Delhi University (Amendment) Act. 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 college shall be subject to inspection by any member of the Residence, Health and Discipline Board authorised in this behalf by the Board and by any officer of the University authorized in this behalf by the Executive Council.
SECTION 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 super intending staff of the Halls shall be appointed in the manner prescribed by the53[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 She 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. la; Substituted for "Statutes" by the Delhi University (Amendment) Act, 1952 (5 of 1952). S. 21 (1-3- 1952).
SECTION 36: ADMISSION TO UNIVERSITY COURSES
- [Repealed by the Delhi University (Amendment) Act, 1952 (5 of 1952), S. 22 (1-3-1952).]
SECTION 37: EXAMINATIONS
- [Repeated by the Delhi University (Amendment) Act, 1952 (5 of 1952), S. 22(1-3-1952).]
SECTION 38: ANNUAL REPORT
- The annual report of the University shall be prepared under the direction of the Executive Council, and shall be submilted to the Court on or before such date as may be prescribed by the Statutes, and shall be considered by the Court al its annual meeting. The Court may pass resolutions thereon and communicate the same to the Executive Council.
SECTION 39: AUDIT OF ACCOUNTS
(1) The accounts of the University shall, once at least in every year and at intervals oinot 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.]
SECTION 40: REMOVAL OF NAMES OF REGISTERED GRADUATES
- [Repealed by the Delhi University (Amendment) Act, 1952 (5 of 1952), S. 24 (1-3-1952).]
SECTION 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 mailer shall be referred to the Chancellor, whose decision thereon shall be Final.
SECTION 42: CONSTITUTION OF COMMITTEES
- Where any authority of the University is given power by this Act or the Statutes to appoint commiltees, 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.
SECTION 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 he, 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.
SECTION 44: PROCEEDINGS OF UNIVERSITY AUTHORITIES AND BODIES NOT INVALIDATED BYVACANCIES
- No act or proceeding of any authority or other body of the University shall he invalidated merely by reason of the existence of a vacancy or vacancies among its members.
SECTION 45: CONDITIONS OF SERVICE OF OFFICERS AND TEACHERS
(1) Every salaried offcer and teacher of the University shall be appointed under a written contract, which shall he lodged with the University and copy there of shall be furnished to the officer or teacher concerned.
(2) Any dispule 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.]
SECTION 46: PENSION AND PROVIDENT FUNDS
55(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,56[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 thatthe provisions of the Provident Funds Act, [1925], shall apply to such funds, as if it were a Government Provident Fund.
SECTION 47: REMOVAL OF DIFFICULTIES
- [Repealed by the Delhi University (Amendment) Act, 1943 (24 of 1943), S. 15 (10-9-1943).]
SECTION 48: COMPLETION OF COURSES FOR STUDENTS AT DELHI COLLEGES
- [Repealed by the Delhi University (Amendment) Act, 1943 (24 of 1943), S. 15 (10-9-1943).] The Schedule.- The Statutes of the University. [Not printed]
Footnotes:
3. Date appointed is 1st May, 1922. see Gazette of India. 1922. Pi. I, p. 384.
4. Substituted for the words "Governor-General in Council" and "Gazette of India" by A.O.. 1937.
5. Substituted for the original ets. (a) and (b) by the Delhi University (Amendment) Act, 1952 (5 of 1952). S. 3 (1-3-1952).
6. Added by the Delhi University (Amendment) Act, 1943 (24 of 1943), S. 2(10-9-1943).
7. Clause (c) was omitted, by the Delhi University (Amendment) Act, 1952 (5 of 1952). S. 3 (1-3-1952).
8. Substituted for the original et. (h) by the Delhi University (Amendment) Act. 1952 (5 of 1952). S. 3 (1-3-1952).
9. Substituted for the original clause (2) by the Delhi University (Amendment) Act. (5 of 1952), S. 4 (1-3-1952).
10. Word 'or' and clause (d) were inserted ibidi.1961 (61 of 1961). S. 2 (w.e.f. l-2-1962)
11. Inserted by lhc Delhi University (Amendment) Act (35 or 1970). S.2 (w.r.e.f. 20-6-1970)
12. Words "in accordance with the Statues and Regulations" were omitted by the Delhi University (Amendment) Act (5 of 1952). S 4 (1-3-1952).
13. Substituted for the original clause (9). ibid.
14. Clauses 9-A and 9-B inserted by the Delhi University (Amendment) Act (48 of 1972). S. 2 (22-6-72)
15. Inserted by lhc Delhi University (Amendment) Act (24 of 1943). S. 3 (10-9-1943).
16. Clauses ( 1.2) and ( 12-A) we re substituted for the original clause (12) by the Delhi University (Amendment) Act (5 of 1952).:S. 4 (1-3-1952).
17. Inserted by the Delhi University (Amendment) Act (61 of 1961) S. 2 (w.e.f. 1-2-1962).
18. Original clause (12-A) was renumbered ( 12-C) ibid.
19. Inserted by the Delhi University (Amendment) Act. 1961 (61 of 1961), S. 3. (w.e.f 1-2-1962)
20. Substituted for the words "beyond a radius often miles from the Convocation hall of the University". ibid. 1952) (5 of 1952). S. 5 (1-3- 1952).
21. Substituted for "that limit", ibid.
22. Proviso was omitted, ibid.
23. Inserted by the Jawaharlal Nehru University Act (53 of 1966). S. 27. (w.e.f. 22-4-1969).
24. Substituted for the words "aforementioned limit", ibid.
25. For notifications directing that the provisions of this sub- section shall not apply to certain institutions, see Gazette of India. 1922. Pt. 1. p. 491: ibid. 1923. Pt. 1. pp. 259.459 and 498: ibid. 1956. Pt. 1. p. 283.
26. Inserted by the Delhi University (Amendment) Act (27 of 1981) S. 2 (w.r.e.f. 9.6-81).
27. In Section 5, sub-section (2) after proviso, proviso shall be inserted by Delhi University (Amendment) Act, 2002, Published in the Gazette of India, Extra, Part II, Section 1.
28. Substituted for the words "creed or class" by the Delhi University (Amendment) Act. 1952 (5 of 1952). S. h (1-3-1952).
29. Words "where such lest is specially prescribed by the Statutes, or", were omitted, ibid.
30. Substituted for the words "not unwilling to receive it by persons (whether teachers of the University or not) approved for that purpose by the Executive Council", ibid.
31. Sub-section (2) was repeated by the Delhi University (Amendment) Act, 1943 (24 of 1943). S. 4 (10-9-1943).
32. Sub-section (5) was repeuted. ibid. 1952 (5 of 1952). S.7 (1-3- 1952).
35. Now Lt. Governor.
36. Substituted for the former item by the Delhi University (Amendment) Act. 1952 (5 of 1952). S. 9 (1-3-1952).
38. Inserted by the Delhi University (Amendment) Act, 1952 (5of 1952), S.12. 42. Clauses (hh) and (hhh) inserted by the Delhi University (Amendment) Act (48 of 1972). S.3 (22-6-1972).
43. Substituted for the original sub-section (1) by the Delhi University (Amendment) Act. 1943 (24 of 1943). S. 9 (10-9.1943).
44. Substituted for sub-sections (2) to (6) by the Delhi University (Amendment) Act (48 of 1972) S. 4 (22-6-1972).
47. The words " and the Boards." were omitted by the Delhi University (Amendment) Act. 1952 (5 of 1952). S. 19 (1-3-1952).
48. Substituted for the words 'and Boards", ibid.
49. Substituted for the words "Central Government". ibid.
50. Inserted by the Delhi University (Amendment) Act. 1961 (61 of 1961), S. 4 (w.e.f 1-2-1962).
51. The words "the Statutes and" were omitted. ibid. 1952 (5 of 1952). S. 20(1-3-1952).
52. Substituted for the original sub -section (1) by the Delhi University (Amendmeni) Act. 1943 (24 of 1943). S. 10 (10-9-1943).
53. Substituted for the original Section 39 by the Delhi University (Amendment) Act. 1952 (5 of 1952. S 23 (1-3-1952).
55. Inserted by the Delhi University (Amendment) Act, 1943 (24 of 1943), S. 14 (10-9-1943).
56. Substituted for "1897" by the Repealing and Amending Act, 1940 (32 of 1940). S. 3.
57. Heading "Transitory Provisions" was omitted by the Delhi University (Amendment) Act. 1943 (24 of 1943). S. 15(10-9-1943).
