रजिस्ट्री सं० डी. 221
REGISTERED No. D. 221
भारत का राजपत्र The Gazette of India
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
भाग II-खण्ड-1
PART II- Section 1
असाधारण
EXTRAORDINARY
सं० 28] नई दिल्ली, बृहस्पतिवार, सितम्बर 23 , 1965/ अर्सायना1, 1887
No. 28 ] NEW DELHI , THURSDAY , SEPTEMBER 23 , 1965 / ASVINA 1 , 1887
इस भाग में भिन्न पृष्ठ संख्या दी आती हैं जिससे कि यह अलग संकलम के रूप में रखा जा सब Separate paging is given to this Part in order that it may be filed
as a separate compilation
MINISTRY OF LAW
(Legislative Department )
New Delhi , the 23rd September , 1965 / Asvina 1 , 1965 ( Saka ) The following Acts of Parliament received the assent of the President on the 22nd September , 1965 , and are hereby published for general information: -
THE ALIGARH MUSLIM UNIVERSITY
(AMENDMENT) ACT , 1965
No. 19 OF 1965
[22nd September , 1965 ] An Act further to amend the Aligarh Muslim University Act , 1920
Be it enacted by Parliament in the Sixteenth Year of the Republic of India as follows : -
1. This Act may be called the Aligarh Muslim University (Amend- Short ment ) Act , 1965 .
title,
401
511 G of I- 1 THE GAZETTE OF INDIA EXTRAORDINARY
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40 of1920.
2. In section 23 of the Aligarh Muslim University Act , 1920 (here- Inafter referred to as the principal Act ),
Amend- ment of section 23.
(a) in sub -section ( 1 ) , the words and brackets " and the Pro- Vice-Chancellor ( if any ) for the time being," shall be omitted ;
(b) for sub - sections (2 ) and ( 3) , the following sub - section shall be substituted , namely : -
"(2) The functions of the Court shall be
(a) to advise the Visitor in respect of any matter which may be referred to the Court for advice;
(b) to advise any other authority of the University in respect of any matter , which may be referred to the Court for advice ; and
(c) to perform such other duties and exercise such other powers as may be assigned to it by the Visitor or under this Act. " .
3. For sub - sections ( 2 ) , ( 3 ) , ( 4 ) , (5 ) and (6) of section 28 of the principal Act , the following sub - section shall be substituted , name- ly:--
Amend. ment of section 28.
" (2) The Executive Council may make new or additional Statutes or may amend or repeal the Statutes ; but 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 or disallow it or return it to the Executive Council for further consideration . " .
4. For sub - sections ( 4 ) , ( 5) , ( 6 ) and (7 ) of section 29 of the prin- cipal Act , the following sub- sections shall be substituted , namely : - Amend. ment of section 29.
" (4 ) Where the Executive Council has rejected the draft of an Ordinance proposed by the Academic Council , the Academic Council may appeal to the Visitor who may pass such order thereon as he thinks fit .
(5) Every Ordinance made by the Executive Council shall be subrnitted, as soon as may be , to the Visitor who may within two months from the date of receipt thereof disallow any such Ordinance or return it to the Executive Council for further con- sideration.
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(6) The Visitor may , by order , direct that the operation of any Ordinance shall be suspended until he has had an opportu- nity of exercising his power of disallowance , and any order of suspension under this sub -section shall cease to have effect on the expiration of two months from the date of such order ." . Amend. ment of section #1.
5. In section 31 of the principal Act, the proviso to sub - section (3) shall be omitted .
6. For section 34 of the principal Act , the following section shall be substituted , namely: ---
Substitu- tion of new sec- tion for Annual report. section34.
"34. The annual report of the University shall be prepared under the direction of the Executive Council and shall be sub- mitted to the Visitor on or before such date as may be prescribed by the Statutes." .
7. In section 35 of the principal Act , sub - section ( 3) shall be omitted .
Amend ment of section 35.
8. In section 38 of the principal Act , in sub - section ( 2) , the words beginning with " : provided that " and ending with " meeting of the Court" shall be omitted .
Amend- ment of section 38.
9. Notwithstanding anything contained in the principal Act , the Statutes of the University shall be amended as follows :-
Amend- ment of Statutes .
(i ) in clause (2 ) of Statute 4, the word " ordinarily " shall be omitted;
( ii) in Statute 5 ,-
(a) for clauses ( 1 ) , ( 2 ) and (3 ) , the following clauses shall be substituted , namely :-
" ( 1 ) The Treasurer shall be appointed by the Execu- tive Council and shall be a whole- time officer of the University.
(2) The terms and conditions of service of the Trea- surer shall be such as may be prescribed by the Ordi- nances.";
(b) in clause (5) ,
(A) in sub -clause ( a) , the words " and the Court " shall be omitted;
(B) in sub -clause ( d) , for the word " convene" , the word " attend" shall be substituted;
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( iii) in Statute 6 , after clause ( 3 ) , the following clause shall be inserted , namely :-
" (4) ( a) The Registrar shall have power to take disci- plinary action against the employees belonging to the minis- terial staff and to suspend them pending inquiry , to admin- ister warnings to them or to impose on them the penalty of censure or the withholding of increment : Provided that no such penalty shall be imposed unless the person concerned has been given a reasonable opportu- nity of showing cause against the action proposed to be taken in regard to him .
(b) An appeal shall lie to the Vice- Chancellor against any order of the Registrar imposing the penalty of the with- holding of increment .
(c) In a case where the inquiry discloses that a punish- ment beyond the powers of the Registrar is called for , the Registrar shall , upon conclusion of the inquiry , make a re- port to the Vice- Chancellor along with his recommendations , for such action as the Vice- Chancellor deems fit . " ;
( iv ) for Statute 8 , the following Statute shall be substituted , namely:-
The Court .
" 8. ( 1 ) The Court shall consist of the following members , namely:-
(a) the Chancellor , ex officio ,
(b ) the Pro- Chancellor , ex officio ,
(c) the members of the Executive Council , ex officio ,
(d) three persons , being Heads of Departments of Studies or Principals of Colleges of the University, nominated by the Visitor ,
(e) two persons , being Professors from Departments of Studies or Colleges of the University , nominated by the Visitor ,
(f) two persons from among teachers of the Uni- versity other than Professors , nominated by the Visitor ,
(g) three representatives of Parliament , two to be nominated by the Speaker of the House of the People from among the members thereof and one to be nomi- nated by the Chairman of the Council of States from among the members thereof , and THE GAZETTE OF INDIA EXTRAORDINARY
405 SEC., 1 ]
(h) thirty persons nominated by the Visitor from among persons who are men of standing in public life or have special knowledge or practical experience in edu- cation or have rendered eminent services in the cause of education .
(2) All members of the Court , other than ex officio members , shall hold office for a term of three years .
(3 ) Seventeen members of the Court shall form a quorum." ;
(v ) Statute 13 shall be omitted;
(vi) in Statute 14 , in clause ( 1 ) ,
(a) for the word " Court " , the words " Executive Council" shall be substituted;
(b ) in sub - clause (a ) , the words " through the Executive Council" shall be omitted;
(c) in sub - clause ( b ) , the words " on the recommenda- tion of the Executive Council , " shall be omitted;
(vii ) for Statute 15 , the following Statute shall be substitu- ted , namely:-
" 15. ( 1 ) The Executive Council shall consist of the fol- lowing members , namely : -
The Exe- cutive Council .
(a) the Vice - Chancellor , ex officio ,
(b) seven persons nominated by the Visitor , and
(c) one person nominated by the Chief Rector in his discretion .
(2) All members of the Executive Council , other than ex officio members , shall hold office for a term of three years .
(3) Five members of the Executive Council shall form a quorum. " ;
( viii ) in Statute 16 ,--
(a) in clause ( 1 ) , for the word " Court" , the word " Visi- tor " shall be substituted , and the words "not otherwise pro- vided for" shall be omitted;
(b) in clause ( 2 ) ,
(A) for sub -clause ( ii ) , the following sub-clause shall be substituted , namely:--
" ( ii ) to appoint members of the administrative staff;" ;
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[PART II
(B) after sub - clause ( ii -A) , the following sub-clause shall be inserted , namely:
" ( ii- B ) to regulate and enforce discipline among members of the teaching , administrative and minis- terial staff of the University in accordance with these Statutes and the Ordinances ; " ;
(C) in sub -clause ( viii ) , the words " , otherwise than by an act of the Court " shall be omitted ;
(D) in sub - clause ( xii ) , the word " and" occurring at the end shall be omitted ;
(E) after sub - clause ( xii ) , the following sub-clause shall be inserted , namely: -
" ( xii -A) to delegate any of its powers to the Vice-Chancellor , the Registrar or such other officer or authority of the University or to a Committee appointed by it as it may deem fit ; and" ;
( ix) in Statute 18 ,-
(a) in item ( i ) , the words " the Court or " shall be omitted;
(b ) in item ( x) , for the word " Court " , the words "Executive Council " shall be substituted;
(x) in Statute 19A ,-
(a) in clause ( 1 ) ,-
(A) for item ( iv ) , the following item shall be sube- tituted , namely : -
" ( iv) one person who is not an employee of the University , appointed by the Executive Council ;" ;
(B) item ( v) shall be omitted;
(b) in clause ( 2) , for the word " Three" , the word "Twe" shall be substituted ;
(c) in clause (4) , the words " In the absence of the Vice- Chancellor , the Treasurer shall preside at a meeting thereof. " - shall be omitted;
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(xi) in Statute 25A,---
(a) in clause ( 2) , for the words " contained in the terms of his appointment , " , the words " to the contrary contained in the terms of his contract of service or of his appointment " shall be substituted and the proviso shall be omitted;
(b ) after clause ( 2 ) , the following clause shall be in serted , namely: ---
" (3) ( a) Notwithstanding anything contained in the terms of his contract of service or of his appoint- ment , the Executive Council shall be entitled to diamiam a teacher on grounds of misconduct , but save as afore- said , the Executive Council shall not be entitled to deter- mine the employment of a teacher save for good cause and after giving three months ' notice in writing or pay- ment of three months ' salary in lieu of such notice .
(b) The determination of a teacher's employment shall require a two- thirds majority of the member of the Executive Council present and voting .
(c ) The Vice - Chancellor may suspend a teacher against whom any misconduct is alleged and shall report the case to the next meeting of the Executive Council , but before any orders for dismissal are passed , the teacher shall be informed of the allegations made against him and shall be given a reasonable opportunity of making such representations to the Executive Council or to any Committee thereof appointed for the purpose, as he may desire to make.
(d) Any dismissal on the ground of misconduct shall take effect on the date on which the teacher was first suspended .
(e) Before a notice is given or payment is made to the teacher under sub -clause ( a) , he shall be informed by the Executive Council of the cause of the action pro- posed to be taken against him and shall be given a rea- sonable opportunity of making such representations to the Executive Council or to any Committee thereof ap pointed for the purpose , as he may desire to make .
(f) Notwithstanding anything contained in the Statutes, the teacher may at any time terminate his mployment by giving the Executive Council three monthe' notice in writing. " ;
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(xii ) Statute 28 shall be omitted .
Transi- tional pro- visions .
10. ( 1 ) Every person holding office as a member of the Court or the Executive Council , as the case may be , immediately before the 20th day of May , 1965 , shall on and from the said date cease to hold office as such:
Provided that where any such person held , immediately before such date , any other office in the University , nothing contained in this sub - section shall be construed to affect his continuance in such other office .
( 2) Until the Court is constituted in accordance with the provi- sions of section 2 , read with clause ( iv ) of section 9 , or the Execu- tive Council is constituted in accordance with the provisions of clause ( vii ) of section 9 , the Visitor may , by general or special order , direct any officer of the University to exercise the powers and per- form the duties conferred or imposed by or under the principal Act as amended by this Act on the Court or the Executive Council , as the case may be .
2 of 1965 .
11. ( 1 ) The Aligarh Muslim University ( Amendment ) Ordinance , 1965 is hereby repealed .
Repeal and saving.
(2 ) Notwithstanding such repeal , anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act , as if this Act had commenced on the 20th day ofMay , 1965 .
THE WAREHOUSING CORPORATIONS ( SUPPLE- MENTARY ) ACT , 1965
No. 20 OF 1965
[22nd September , 1965 ]
An Act to supplement the provisions of the Warehousing Cor-
porations Act , 1962
58 of 1962 .
WHEREAS , in pursuance of clause ( 1 ) of article 252 of the Consti- tution , resolutions have been passed by the Legislatures of certain States to the effect that storage of commodities other than those cover- ed by the Warehousing Corporations Act , 1962 , in warehouses run by the corporations established under that Act , shall be regulated in those States by Parliament by law ;
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AND WHEREAS , in consequence thereof it is necessary to supple- ment the provisions of the said Warehousing Corporations Act for the purposes hereinafter appearing ;
BE it enacted by Parliament in the Sixteenth Year of the Republic of India as follows : -
1. ( 1 ) This Act may be called the Warehousing Corporations Short (Supplementary ) Act , 1965 .
(2) It shall apply to the States specified in the Schedule:
title, application and com- mence-
58 of 1962 .
Provided that the Central Government may, by notification in the Official Gazette , add the names of any other States to the Schement . dule in respect whereof resolutions have been passed by the Legis- latures of those States adopting this Act under clause . ( 1 ) of article 252 of the Constitution in respect of the storage of commodities other than those covered by the Warehousing Corporations Act , 1962 , and on the issue of any such notification the States so added shall be deemed to be States specified in the Schedule within the meaning of this sub - section .
(3 ) It shall come into force on such date as the Central Gov- ernment may , by notification in the Official Gazette , appoint .
58 of 1962 .
2. The Warehousing Corporations Act , 1962 , shall , in its appli- cation to the States for the time being specified in the Schedule , have effect as if in clause ( e ) of section 2 of that Act the words and figures " being a commodity with respect to which Parliament has power to make laws by virtue of entry 33 in List III in the Seventh Schedule to the Constitution " had been omitted .
Appli- cation of the notifled Act with respect to commo- dities .
THE SCHEDULE
[See section 1 ( 2 ) ]
1. Andhra Pradesh ,
2. Gujarat .
3. Kerala .
4. Madras .
5. Mysore.
6. Punjab . 7. Rajasthan .
8. Uttar Pradesh .
R. C. S. SARKAR ,
Secy , to the Govt . of India .
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