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REGISTERED No. D, 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 46] NEW DELHI, WEDNESDAY, NOVEMBER 3, 1965/KARTIKA 12, 1887

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

RAJYA SABHA

The following report of the Joint Committee of the Houses of Parliament on the Bill to establish and incorporate a University in Delhi, was presented to the Rajya Sabha on the 3rd November, 1965: —

COMPOSITION OF THE JOINT COMMITTEE

MEMBERS

Rajya Sabha

1. Shri G. S. Pathak—Chairman 2. Shri M. M. Dharia 3. Dr- Shrimati Phulrenu Guha 4. Shri P. K. Kumaran 3. Prof. Mukut Behari Lal 6. Miss Mary Naidu 7. Shri Sadiq Ali 8- Shri M. Satyanarayana 9. Shri Sundarmani Patel

10. Shri M. C. Chagla.

[1017]

635 G of I—1.

Lok Sabha

11. Shri B. Anjanappa 12. Shri Frank Anthony 13- Chodhury Brahm Perkash 14. Shrimati Kamala Chaudhri

15. Raja P, C Deo Bhatvj 16. Shri Shiv Charan Gupta

17. Shri Hem Barua 18. Pandit Jwala Prasad Jyotishi

19. Shri Lahri Singh 20. Shri Bakar Ali Mirza 21. Shri F. H. Mohsin 22. Shri H. N. Mukerjee 23. Shri V. T. Patil 24. Shri N. G. Ranga 25. Shrimati Renuka Ray 26. Shrimati Jayaben Shah

27. Shri M. P. Swamy 28. Shri Amar Nath Vidyalankar 29. Shri Bhishma Prasad Yadava, and 30. Bhri Bhakt Darshan.

REPRESENTATIVES OF THE MINISTRIES

Ministry of Law

Shri C. J. Venkatachari, Deputy Draftsman.

Ministry of Education

Shri G. K. Chandiramani, Additional Secretary. Shri D. K. Hingorani, Deputy Educational Adviser. Shri Triyogi Narain, Under Secretary.

iShri R. K. Chhabra, Deputy Secretary, University Grants Commission^

SECRETARIAT

Shri S. S. Bhalerao, Joint Secretary. Shri M. A. Amladi, Deputy Secretary. Shri I. N. Chary, Under Secretary.

REPORT OF THE JOINT COMMITTEE

1, the Chairman of the Joint Committee to which the Bill* to establish and incorporate a University in Delhi was referred, having been authorised to submit the Report on their behalf, present thin their Report, with the Bill as amended by the Committee annexed thereto.

2. The Bill was introduced in the Rajya Sabha on the 24th Decem- ber, 1964. The motion for reference of the Bill to a Joint Com- mittee of the Houses was moved on the 31st August, 1969, by Shri M. C. Chagla, Minister of Education and was adopted by the House on the 1st September, 1965.

3- The Lok Sabha discussed the motion on the 20th September, 1965 and concurred in it on the 21st September, 1965.

4. The message from the Lok Sabha was read out to the Rajya Sabha on the 22nd September, 1965.

5. The Committee held six sittings in all.

6- At their first sitting held on the 25th September, 1965, the Committee decided that a Press Communique be issued inviting memoranda from institutions and individuals interested in the Bill so as to reach the Rajya Sabha Secretariat by the 10th October, 1965. The Committee authorised the Chairman to decide after exa- mining the aforementioned memoranda as to who might be invited to give oral evidence before the Committee. The Committee also decided that some eminent educationists might also be invited by the Chairman of the Committee to give oral evidence before the Committee on the various aspects of the Bill-

7. Two memoranda on the Bill were received by the Committee from individuals.

8. The Committee heard evidence tendered by eight educationists.

9. The Committee decided that the whole of the evidence ten- dered before them be laid on the Table of the House.

•Published in Part n, Section 2 of the Gazette of India Extraordinary, d"ted the 24th December, I964.

10. The Committee considered tho Draft Report on the lit November, 1965 and adopted it, with minor changes, on the same day.

11. Before dealing in detail with the changes made in th" various clauses of the Bill, the Committee wish to draw attention to a few important alterations made in the proposed legislation.

12. According to the Bill ax introduced in the House, it was in- tended that the Jawaharlsl Nehru University should affiliate cer- tain colleges in the southern part of Delhi which have been already affiliated to the University ot Delhi and with that end in View, a territorial jurisdiction was also assigned to the new University. Several Members of the Committee and distinguished educationists, who were called as witnesses, however, stressed that with a view to emphasise the unique character of the University to be named after the late Jawaharlal Nehru the idea of affiliating the existing college! with different traditions should be dropped and institutions of higher learning wherever they are situate should be recognised by, and associated with, the University. When seats of higher learning are thus recognised or associated, the witnesses felt, the University will have the character of an all-India institution of national importance. The Committee accepted the suggestions and as a consequence references to "University area" and to territorial jurisdiction have been omitted and the definitions of 'college" and "institution" have been recast. The Jawaharlal Nehru University will, however, hava power to establish and maintain new colleges for imparting education to under-graduates on the lines envisaged by it so that the University may grow from the base. Such colleges when established will, to a certain extent, relieve the pressure of admission to colleges already affiliated to the University of Delhi.

13. The objects of the University have been clearly enunciated by the insertion of a new provision (clause 4). Further, para- graph (21) of clause 5 [original paragraph (18) of clause'4] and the First Schedule now inserted clearly make provision that the University should endeavour to promote the study of the principle* and fulfil the ideals for which Jawaharlal Nehru itood and worked during his life time.

14. The principal changes suggested by the Committee in the Bill and the reasons therefor have been set out in the succeeding para- graphs.

CLAUSE 2

The definitions of "College" and "Institution" have been changed and the definition of "University area" has been omitted in con- formity with the decision of the Committee referred to In paragraph 12.

CLAUSE 4 (NEW)

As already pointed out, this is a new clause designed to define the objects of the Jawaharlal Nehru University in clear terms.

CLAUSE 5 (ORIGINAL CLAUSE 4)

Paragraph (1)—The Committee have recast this paragraph taking power to provide for instruction in the Social Sciences and Agriculture.

Paragraph (5) (New).—This provision will enable the Univer- sity to confer degrees honoris causa.

Paragraph (9) [Original paragraph (8)].—By the insertion of the word "guide", it is emphasised that the role of the University is not only to recognise, supervise and control Halls maintained by the University and other accommodation for students but also to guid" them.

Paragraph (11) [Original paragraph (10)].—The Committee had expressly provided that the University shall have power to make arrangements for promoting health and general welfare of the employees of the University also.

Paragraph (13) [Original paragraph (12)].—This has been recast to give effect to the decision of the Committee to make the Uni- versity a non-affiliated one.

Paragraph (14) [Original paragraph (13)].—The arrangement in regard to co-operation with other academic bodies envisaged in this paragraph is necessarily reciprocal; and with a view to placing this aspect of reciprocity beyond doubt, the Committee have amended fhe paragraph, |

Paragraph (17) [Original paragraph (16)].—The power given under this paragraph has been extended to cover the acceptance of donations for the purposes or objects of the University.

Paragraphs (18) and (19) (New) .—Power has been taken under these paragraphs to make provision for research and advisory ser- vices and for that purpose to enter into such arrangement with

such institutions or bodies, as the University may deem necessary and for the printing reproduction, publication of research and other work which may be issued by the University.

Paragraph (21) [Original paragraph (18)].—As already pointed out in paragraph 13, this has been recast.

The other changes made in the clause are of a drafting and con- sequential nature.

CLAUSE 6 (ORIGINAL CLAUSE 5)

This has been redrafted omitting reference to territorial juris- diction with a view to ensure that the jurisdiction of the University shall extend to all colleges maintained by it, and to recognised institutions, that is to say, to all institutions of higher learning main- tained or recognised by, or associated with, the University. This will enable the University to become a national institution of all- India importance. Care has also been taken to provide that an institution which has already been recognised by the University of Delhi can be granted recognition by the Jawaharlal Nehru Uni- versity only if the Central Government authorised it to do so after consultation with the University of Delhi.

CLAUSE 7 (ORIGINAL CLAUSE 6)

The changes made in this clause are of a consequential and drafting nature.

CLAUSE 8 (ORIGINAL CLAUSE 7)

The Committee are of the view that the Visitor should be em- powered to appoint competent persons from time to time to review the work and progress of the University and to issue necessary directions in the matter. The Committee are also of the view that the Visitor should have power to issue directions to the Vice-Chan- cellor in respect of matters coming under review, inspection or in- quiry and that the University should be bound to carry out the directions issued by the Visitor in the matter. Two new sub-clauses viz. sub-clause (2) _and sub-clause (4) have been added to this clause for this purpose.

CLAUSE 9 (ORIGINAL CLAUSE 8)

.Sub-clause (1).—Sub-clause (1) (original) has been recast and split up into two sub-clauses viz. sub-clause (1) and sub-clause (2).

Sub-clause (4) [Original sub-clause (3)].—The Committee consi- der that instead of Pro-Vice-Chancellors, there should be Rectors to assist the Vice-Chancellor in the discharge of his duties. Th" •ub-clause has been recast accordingly.

Sub-clause (5) [Original sub-clause (4)].—As it is proposed to have only Schools of Study in the University, reference to Faculties has been omitted from this sub-clause and wherever else it occurs in the Bill.

The other changes made in the clause are of a drafting nature.

CLAUSE 10 (ORIGINAL CLAUSE 9)

The Committee consider that the Council of Students' Affairs should not be enumerated as an authority of the University in the Bill but provision for this Council should be made in the Statutes. Reference to the Council has accordingly been omitted from the Clause.,

CLAUSE 14 (NBW)

The clause provides for the establishment of an Academic Advi- sory Committee During the evidence it was brought to the notice of the Committee that in foreign countries many modern univer- sities have an academic planning board built into their constitu- tions. The Academic Advisory Committee as envisaged in the Clause will consist of not more than seven persons of high academic standing who are not on the staff of the University, and will advise generally on the planning and development of the University and keep under review the standard of education and research in the University. Its role is that of a guide.

It is possible that in future, when the University has been firmly established and is progressing satisfactorily, the Visitor may feel that there is no further need for continuance of the Advisory Com- mittee Power has therefore been given to the Visitor to determine the date of ita dissolution.

CLAUSE 15 (ORIGINAL CLAUSE 13)

The changes made in this clause are of a formal and drafting nature.

CLAUSE 16 (ORIGINAL CLAUSE 14)

The Committee consider that the first Statutes should come under the scrutiny of Parliament and be approved by It. Accord- ingly the first Statutes have been incorporated in the Bill (the Second Schedule) and the Clause has been suitably amended.

The Committee are also of the opinion that the Academic Coun- cil should have a say in the framing of any Statute affecting the discipline of students and standards of instruction, education and

examination. A second proviso has accordingly been added to "ub- cjguje (2) of the clause.

The other changes made in the clause are of a formal nature.

CLAUSE 17 (ORIGINAL CLAUSE 15)

The Committee feel that it should be provided in the enactment itself that the first Ordinances should be made by the Vice-Chan- cellor with the previous approval of the Central Government. Sub-clause (2) of the clause has accordingly been recast.

The other changes are of a consequential and drafting nature.

CLAUSE 21 (ORIGINAL CLAUSE 19)

The Committee feel that the question whether any person has been duly elected or appointed or is entitled to( be a member of any authority or body of the University should be referred to the Visitor instead of the Chancellor. Necessary change has accordingly been made in the clause.

CLAUSE 26 (ORIGINAL CLAUSE 24)

The Committee consider that, as in the case of the appointment of the first Vice-Chancellor, the power to nominate the first Chan- cellor and to make the first nominations to the Court, the Executive Council and the Academic Council should be vested in the Visitor and not in the Central Government. Paragraph (a) of the clause has been amended accordingly.

CLAUSE 27 (ORIGINAL CLAUSE 25)

In view of the changes made in the pattern of the University from an affiliating to a non-affiliating type and from a territorial to an all-India type, the clause has been suitably recast.

THE FIRST SCHEDULE (NEW)

Consequent on the amendment of paragraph (21) of clause 5 [original paragraph (18) of clause 4,] this Schedule has been added to the Bill.

THE SECOND SCHEDULE (NEW)

This Schedule has been added pursuant to the amendments made in clause 16 (original clause 14) -

15. The Committee recommend that the Bill, as amended, be passed.

NEW DELHI;, G. S. PATHAK,

November 1, 1965, Chairman of the Joint Committee.

MINUTES OF DISSENT

I

In Statutes 11 and 13 (the Second Schedule) regarding member- ship of the Court and the Executive; Council respectively no repre- sentative of Delhi Government has been included. The Administra- tive set-up of Delhi has been under considerition for sometime. Now a 'Metropolitan Council' with L.t. Governor-in-Council is proposed to be set-up. A Bill giving effect to this scheme is likely to be intro- duced in the current se"sion of Lok Sabha. The Metropolitan Coun- cil will be incharge of Higher Secondary Education, Technical Edu- cation, Development 01 land, etc- The Municipal Corporation and the New Delhi Municipal Committee would be under it. The work and development of the University would be smoothencd if represen- tatives of Metropolitan Council are included in the Court and the Executive Council. The representatives of the Metropolitan Council would also be able to place before the Court and the Executive Council the views of Delhi which has always been inspired by Nehru'i ideals and influenced by hit policies and programmes.

SHIV CHARAN GUPTA

II

While appreciating that the Joint Committee has made a" oerioui endeavour to change the terms of the Bill so that it could be more in keeping with the objectives stressed almost unanimously during discussion in both Houses of Parliament, we regret, we still have to put in certain point* which the majority of our colleagues could not ba persuaded to accept.

A very important part of the Bill is the First Schedule where th* objects of the projected University have been set out. The Com- mittee has thought fit to make a special reference to the Schedule in Clause 4, even at the cost of making the formulation somewhat avoidably clumsy. Apart from the advancement of "knowledge, wisdom and understanding," the University has been saddled with the responsibility of "fulfilling the ideals" of Jawaharlal Nehru. Soma of these "ideals" have been further jet out, and so far as th"y go, they might well be thought of as being unexceptionable. It i" no part, however, of a University's task to "fulfil" a great man's "ideal*", particularly when, as in this ca"e, the great man concerned

was a ceaselessly active and most extraordinarily pre-occupied par- ticipator in political life, and in spite of the most engaging intellec- tual qualities never presumed to be a systematic thinker whose ideas and ideals have been adequately articulated. It is, of course, per- missible to "study", from different aspects and with the questioning spirit which is the very life of academies, the "principles" and "ideals" which have given the tone to Jawaharlal's life and work. Such study is certainly also desirable. But we cannot be a party to a formulation, as there is in this Bill, pinning down the University to the task of "fulfilling" the "ideals" of a particular person, how- soever eminent. It would be imposing on the University a kind of peculiar partisan pressure which might stifle intellectual creativity.

We have sought in vain, however, to include among the "prin- ciples" and "ideals" a mention of the word "socialism". It appeaire that the Committee was ready only to go as far as the expression "social justice" as one of the ideals held by Jawaharlal Nehru and no further—in spite of his having made innumerable statements about "socialism" as his objective and even that of the party which he had led so long. We tried, unsuccessfully, to persuade the Com- mittee that there should be a special mention of "socialism" and that the University should be specifically charged with providing for adequate study of it. For ourselves, like numberless others, we are convinced that stocialism alone is the fulfilment of freedom, but our intention was and is that Jawaharlal Nehru University should make special provision for its study, not from any particular partisan point of view but as a creative idea with various facets which not even its avowed enemies today can ignore. In the United States we hear these days of "Marxologists", a designation given to scholars who are passionately anti-Marxist and yet feel under an obligation to learn (if only to refute) the encyclopaedic content of Marxist thought. Socialism is today such a tremendous world phenomenon that even without adhering to it, our scholars could well try to grapple with its wealth of ideas, and the projected Jawaharlal Nehru University could be a sponsor of the effort. Our recommendation to Parliament is that provision to that effect be made in the First Sche- dule.

It is a pity that the Committee could not have the advantage of hearing expert opinion on the terms on which learned bodies like the Indian Institute of Technology, the All India Institute of Medi- cal Sciences, the Schools of International Studies and of Public Administration, could be effectively linked with the proposed Uni- versity. This is an idea on which Government could hardly offer

any concrete material. We would like Parliament to go into this question, and, if thought fit, to incorporate necessary provisions in the Bill itself.

Members of both Houses have stressed how education, especial- ly at University level, is so expensive that the overwhelming majo- rity of our people are virtually debarred from it. We are aware that we do not have the resources of the Soviet Union which has thrown open the doors of its Patrice Lumumba Friendship Univer- sity, completely free of all cost, to students from Asia, Africa and Latin America. In the Jawaharlal Nehru University, however, we should make an effort to draw foreign students and provide requisite scholarships and awards. We should also see to it that deserving students are drawn from all the States of India and a sufficient num- ber of scholarships and other facilities provided, which will enable poorer students availing themselves of them. We wish to ask Par- liament to consider the idea given expression to by some expert witness before the Committee, who thought that a quota system for different States, enabling adequate representation in the student body of the University, should be devised. We feel that some statu- tory provision should be made for drawing in students from all the States and for facilitating their study by adequate assistance for poor but meritorious students from different regions of the country.

It is to be noted that the Bill provides for a hierarchy of digni- taries—Visitor, Chancellor, Vice-Chancellor, Rector, etc. When there is the Visitor, there does not seem to be any need for a Chancellor whose functions are virtually nil except as a decorative figure on ceremonial occasions. If the Vice-Chancellor is given a different de- signation—that of President or Master or Warden or any of the numerous available academic honorifics—the only tenable argument for having a Chancellor will disappear. Indeed, it amused the Com- mittee but surely could not convince it, when.it was told that since we have a Vice-Chancellor, we have to have a Chancellor. We object to the proposed plethora of dignitaries whose overwhelming pre- sence quite often detracts from quiet and serious academic work, and we suggest that necessary changes be made in the Bill.

In Statute 35 (g) of the Second Schedule, there Is provision for the imparting of "moral instruction", whatever its exact connota- tion might be. Exhortation, howsoever worthily worded, often de- feats its purpose, and character grows through intangible influences that a properly functioning University should generate. To teach "moral" lessons to adult scholars, in a world of unwonted ferment

when youth often seems to behave in ways that sometime* mystify their elders, might well be self-defeating. With every appreciation of the value of ethical conduct, wa regret we do not fee why the University should take on the specific task of "moral instruction".

A University, if it is to be vital, cannot be just set up from above by Authority and then nurtured in the ways of the- bureaucracy to which we are accustomed. It has to grow, out of the labours under- taken and the values cherished by the academic community which is a continuing membership of minds devoted to the tasks of learning and of the good life which some one once denned as being inspired by love and guided by knowledge. It will be the hope of all that the Jawaharlal Nehru University in time develops into an institution which will be cherished. This is all the more reason why we should be careful and more than usually reflective when considering this Bill.

H. N. MUKERJEE

P. K. KUMABAN

in

The Joint Select Committee, I feel, has chisseled out the Bill and given it a form which will help to a large extent in giving shape to a University worthy of the name of Pandit Jawaharlal Nehru. Most- ly, I am in agreement with the present structure of the Bill.

However, I must confess, I am not convinced about the effica- ciousness of the correspondence courses. I am confident, real educa- tion requires the closest association of the teacher and the taught. In a University of the type we propose to establish it is the environmental effect and the atmosphere that are going to play a greater part in moulding the character of the youth and giving stature to his personality. ^Jlence I feel the utter insurability of corres- pondence courses.

I am glad the Joint Select Committee agreed i > establish colleges in the different parts of the country. I would still press for the es- tablishment of the actual full-fledged branches of the University in the different regions of the country to work for the integration, cul- tural evolution and a complete Renaissance in the realm of educa- tion. I am confident, the members in the two Houses would give consideration to these points.

PANDIT JWALA PRASAD JYOTISHI

IV

A University loses its universality and tends to suffer from the ills of the cult of personality, when it is identified with the name, principles and ideals of a person. However eminent a person may be, he cannot be equated with the nation. Principles and ideals of a nation tend to lose their universal appeal and healthy dynamism and their studies begin to suffer from scholasticism and indoctrination, when an attempt is made to represent them as principles and ideals of a great man. National ideals are to be studied and cultivated in life not because they are propounded and upheld by a great man but because they promote national good and the healthy growth of perso- nality. The way they are spelled out in the First Schedule, the Uni- versity is converted into a church and the character and appeal of national ideals are considerably overcast with personality cult. It is hardly fair even to Pandit Jawaharlal Nehru. Pandit Nehru, who dared to differ from his leader Mahatma Gandhi and never allowed himself to be caged in the cult of any prophet or great man, would never have liked national ideals to be distorted or spelled out as ideals of a leader and the youths of his nation to be caged in a new cult with himself as its chief prophet. Pandit Nehru has no doubt played a leading role in the national life of the country for more than forty years. His achievements and failures as well as his principles and ideals of life deserve to be carefully studied in historical pers- pective. But this is possible only when they are studied as products of history and sufficient attention is paid to the study of the life works of other leaders who preceded him or worked in his life time. The Indian history does not begin and end with him, and, therefore, university which must represent India in all its totality, cannot be identified with him In the manner in which it is being identified in this Bill. Pandit Nehru is great in his own right, and his greatness hardly needs his specific identification with a university. While social objectives of a University are usually denned in the main body of the University Act, the ways to promote them are spelled out in Ordinances. The two are hardly ever jumbled together in a Sche- dule in a manner proposed in the First Schedule. So that the Uni- versity may be able to function properly in a free academic atmos- phere, it should not be called as Jawaharlal Nehru University, its social objectives should be defined in the main body of the Bill as national objectives and the First Schedule should be dropped.

In clausoe 6 and 7 of the Bill the jurisdiction of the university is not properly denned. Both these clauses contemplate dual jurisdic- tion over certain institutions which is not proper.

635 G of 1—2.

Clause 9(4) provides for the appointment of more than one Rec- tor. The Vice-Chancellor may need a Rector to assist him In per- forming his duties. But he must not have more than one Rector.

Clause 14 debars a member of the staff of the University from the membership of the Academic Advisory Committee. This is not proper.

Proposed statutes must also provide for the constitution and func- tions of the faculties and boards of studies without which the consti- tution of a university is incomplete.

Statute 7 empowers the Vice-Chancellor to appoint Deans of Schools of Studies. They should be appointed by the Executive Council.

The authority which is entrusted with the power of appointment is also entrusted with the power of suspension and removal. So the power of suspension of a teacher must vest in the Executive Council. A show-cause notice may, however, be issued and preliminary ex- planations may be called for from the teacher concerned by the Vice-Chancellor. Statute 30(1) should be suitably amended.

At least senior administrative officers such as the Rector, Regis- trar, the Finance Officer and the Librarian need as much protection as a teacher against the wrath of a bare majority of the Executive Council. For the purpose Statute 31 should be suitably amended.

Statute 32 also need to be recast. To ensure proper cooperation of senior professors of the University In maintaining discipline among students, with the Vice-Chancellor must be associated a committee of discipline which should be a statutory standing committee of the Academic Council.

Statute 33 with regard to the membership of students' organisa- tion should be dropped.

MUKUT BEHARI LAL

HEM BARUA

THE JAWAHARLAL NEHRU UNIVERSITY BILL, 1964

ARRANGEMENT OF CLAUSES

CLAUSEI

1. Short title and commencement.

2. Definition!.

3. The University.

4. Objects.

5. Powers of the University.

6. Jurisdiction of the University.

7. Powers and jurisdiction in respect of institution or body outside the Union territory of Delhi.

8. Visitor.

9. Officers of the University.

10. Authorities at the University.

11. The Court.

12. The Executive Council.

13. The Academic Council.

14. The Academic Advisory Committ"".

IB. Statutes.

15. Statutes how made.

17. Ordinances.

18. Regulations.

19. Annual report.

20. Audit of accounts.

21. Disputes as to constitution of the University authorities and bodies.

22. Constitution of committees.

23. Filling of casual vacancies.

63U G of 1—4.

24. Proceedings of the University authorities and bodies not in-

validated by vacancies.

25. Removal of difficulties.

26. Transitional provisions.

27. Amendment of Act 8 of 1922.

THE FIRST SCHEDULE.

THE SECOND SCHEDULE.

Bill No. XXXITI-B of 1964

THE JAWAHARLAL NEHRU UNIVERSITY BILL, 1964

(AS REPORTED BY THE JOINT COMMITTEE)

[Words underlined or side-lined indicate the amendments suggested

by the Committee; asterisks indicate omissions']

A.

BILL

to establish and incorporate a university in Delhi.

BE it enacted by Parliament in the Sixteenth Year of the Republic of India as follows:— — ——

1. (1) This Act may be called the Jawaharlal Nehru University Act, 1965.

Short titi" and com- mence- ment.

5 (2) It shall come into force on such date as the Central GoYern- ment may, by notification in the Official Gazette, appoint.

2, In this Act, unless the context otherwise requires,—

Defini- tions.

(a) "College" me"us a college maintained * * * by the University;

10 (b) "Hall" means a unit of residence, by whatever name called, for students of the University provided, maintained or recognised by it;

(c) "recognised institution" means an Institution of higher learning maintained or recognised by, or associated with, the

I3 University;

id) "prescribed" means prescribed by Statutes, Ordinances or Regulations;

(e) "Statutes", "Ordinances" and "Regulations" mean, respectively, the Statutes, Ordinances and Regulations of the University made under this Act;

5

(f) "University" means the Jawaharlal Nehru University.

* * * **

3. (1) There shall be constituted in the Union territory of Delhi Th"Uni- v"r"lty. a University by the name of "Jawaharlal Nehru University".

* * * **

I0

(2) The first Chancellor and the first Vice-Chancellor of the Uni- versity and the first members of the Court, the Executive Council and the 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 T5 of "Jawaharlal Nehru University".

(3) The University shall have perpetual succession and a com- mon seal, and shall sue and be sued by the said name.

Object*.

4. The objects of the University shall be to advance knowledge, wisdom and understanding by teaching and research and by the 20 example and influence of its 'corporate life and in particular the objects set out in the First Schedule.

5. The University shall have the following powers, namely:—

Powera of the Universit>

(1) to provide for instruction, including correspondence courses, and research in the Humanities and Social Sciences, ²5 Science and Technology, Education, Medicine, Agriculture and other professional subjects, and other spheres of learning and knowledge and to secure the advancement, diffusion and ex- tension of knowledge in all spheres of learning;

(2) to establish within the Union territory of Delhi or out- 30 •ide that territory such Special Centres and Specialised Labora- torles and such other units for research and instruction as are necessary for the furtherance of Its objects;

(3) to organise and to undertake extra-mural teaching and extension services;

35

(4) to hold examinations and grant diplomas or certificates to, and confer degrees and other academic distinctions on, per- sons and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;

(5) to confer honorary d e c r e es or o t h er academic distinc-

tions in the m a n n er laid d o wn in the Statutes;

(6) to create such teaching, administrative and other p o s ts

as t he U n i v e r s i ty m ay d e em necessary, from t i m* to t i m e, and 5 to m a ke a p p o i n t m e n ts thereto;

(7) to appoint or recognise persons an Professors, Readers

I or Lecturers or o t h e r w i se as teachers of t he U n i v e r s i t y;

(S) to i n s t i t u te a nd a w a rd F e l l o w s h i p s, Scholarships, E x h i- 1 bitions 'and prizes.

IO (9) to establish and m a i n t a in Colleges and Halls, to recog-

nise, guide, s u p e r v i se and control H a l ls not m a i n t a i n ed by t he U n i v e r s i ty and other accommodation for students, a nd to w i t h- d r aw a ny such recognition;

I (10) to r e g u l a te and enforce discipline a m o ng s t u d e n ts a nd j" e m p l o y e es of the U n i v e r s i ty and to take s u ch disciplinary m e a s u r es in this regard as m ay be d e e m ed necessary;

\

(11) to m a ke a r r a n g e m e n ts for p r o m o t i ng h e a l th and g e n e r al v w e l f a re of students and e m p l o y e es of the U n i v e r s i t y;

(12) to d e t e r m i ne and p r o v i de for e x a m i n a t i o ns for admis- ao sion i n to the U n i v e r s i t y;

(13) to recognise for any purpose, either in w h o le or in part,

any institution or m e m b e rs or s t u d e n ts thereof on such t e r ms a nd conditions as m a y, f r om t i me to time, be prescribed and to w i t h d r aw such recognition;

25 (14) to co-operate w i th any other U n i v e r s i t y, authority or association or any other public or p r i v a te b o dy h a v i ng in v i ew t he promotion of purposes and objects similar to t h o se of th" U n i v e r s i ty * * * for such purposes as m ay be agreed upon, on such terms and conditions as m a y, f r om t i me to time, be pres- 30 cribed;

(J5) to enter into any agreement for the incorporation in

the University of any other institution and for taking over iti

rights, properties and liabilities and for any other purpose not

repugnant to this Act;

(16) to demand and receive payment of such feei and other 5

charges as may be prescribed, from time to time;

(17) to receive donations and to acquire, hold, manage and

dispose of any property movable or immovable, including trust

or endowed property within or outside the Union territory of

Delhi, for the purposes or objects of the University, and to invest io

any funds representing such property in such manner as the •"

University thinks fit;

(18) to make provision for research and advisory services;

and for that purpose to enter into such arrangements with other

institutions or bodies as the University may deem necessary; 15

(19) to provide for the printing, reproduction and publica-

tion of research and other work which may be issued by the

University;

(20) to borrow, with the approval of the Central Govern-

ment, on the security of the University, property, money for the zo

purposes of the University; * *

(21) to do all such things as may be necessary, incidental

or conducive to the attainment of all or any of the objects of

the University,

8. (1) The jurisdiction of the University shall extend to all 25 Colleges and recognised Institutions.

Juriedictlor of the Uni- versity.

(2) Notwithstanding anything contained in clause (13) of section 5. the Jawahaxlal Nehru University shall not grant recog- nition, either in whole or in part, to any institution which has al- ready been recognised by the University of Delhi unless the Cent- 30 ral Government, after consultation with the University of Delhi, authorises the Jawaharlal Nehru University to do so.

(3) On and from the date of the recognition either in whole or in part of an institution by the Jawaharlal Nehru University under sub-section (2), the University of Delhi shall to the extent of 35 "uch recognition cease to have jurisdiction over that institution.

7. Notwithstanding anything contained in section 5,—

(a) where any institution or body established outside the Union territory of Delhi seeks recognition from • * * the Uni- versity, or

5 (b) where the University establishes and maintains any institution or body outside the Union territory of Delhi,

Pow"r" and juri"- dlctlon in respect of institution or body outside the Union territory of Delhi.

then the powers and jurisdiction of the University shall extend to such institution or body subject to—

(i) the laws in force in the State within which, and

¹⁰ (ii) the rules and regulations of the University within who"a jurisdiction,

the said institution or body is situated.

VUitor.

8. (1) The President of India shall be the Visitor of the Univer- s i t y"

15 (2) The Visitor may, from time to time, appoint one or more persons to review the work and progress of the University and to submit a report thereon; and upon receipt of that report, the Visitor may take such action and issue such directions as he considers neces- sary in respect of any of the matters dealt with In the report and 20 the University shall be bound to comply with such directions.

(3) The Visitor shall also have the right to cause an inspection to be made by such person or persons as he may direct of the Uni- versity, its buildings, laboratories and equipment and of any insti- tution maintained by the University, and also of the examinations, 25 teaching and other work conducted or done by the University and to cause an Inquiry to be made in respect of any matter connected with the University.

(4) The Visitor may address the Vice-Chancellor with reference to the result of such Inspection and inquiry and Issue such directions 30 as he considers necessary in respect of any of the matters covered by the inspection or inquiry and the University shall be bound to comply with such directions.

(5) The Visitor may by order In writing annul any proceeding of #ie University which is not in conformity with this Act, tht 35 Statutes or the Ordinances.

(6) The Visitor shall also have such other powers as may b" prescribed by the Statutes.

9. (2) There shall he a Chancellor appointed in the manner prescribed by the Statutes who shall be the Head of the University, Oflcin of theUni- v"nity.

(2) The Chancellor shall, if present, preside "at convocation of the University for conferring degrees and all meetings of the Court.

(3) There shall be a Vice-Chancellor appointed in the manner 5 prescribed by the Statutes who shall be the principal executive and Academic Officer of the University and ex officio Chairman of the Executive Council, Academic Council and Finance Committee and he shall, in the absence of the Chancellor preside at any convoca- tion for conferring degrees and also at any meeting of the Court. I⁰

(4) There shall be one or more Rectors who shall be appointed in such manner and with such powers and duties as may be pres- cribed by the Statute*.

(5) There shall be a Dean for each School of Study * * * who shall be appointed in such manner and with such powers and duties X5 as may be prescribed by the Statutes.

(ff) There shall be a Registrar who shall act as Secretary of the Court, the Executive Council and the Academic Council and he shall be appointed in such manner and with such powers and duties u may be prescribed by the Statutes.

3°

(7) There shall be a Finance Officer who shall be the Secretary of the Finance Committee and exercise such powers and perform such duties as may be prescribed by the Statutes.

(8) There shall be such other officers as provided for in th"

35 Statutes.

Authorl-

ti"t of

th" Uni-

versity.

10. The authorities of the University shall be the Court, the Exe- cutive Council, the Academic Council, the Schools of Studies, * * * the Finance Committee and such other authorities as may be declar- ed by the Statutes to be authorities of the University.

11. (1) The Court shall be the supreme authority of the Univer- 30 Th" Court.

sity, and its constitution and the terms of office of its members shall be prescribed by the Statutes.

(2) The Court shall have the power to review the act3 of the Executive Council and the Academic Council (save when theso authorities have acted in accordance with the powers conferred upon 35 them under this Act, the Statutes or the Ordinances) and shall exer- cise all the powers of the University not otherwise provided for by this Act or the Statutes.

i —

rhe Exe- cutive Council.

12. (1) The Executive Council shall be the executivo body of the 1 University, and its constitution and the terms of office of its mem- c bers, other than ex officio members, shall be prescribed by the Statutes.

5 (2) It shall be in charge of the general management and adminis- tration (including the revenue and property) of the University.

rhe Acade- mic Council.

13. (1) The Academic Council shall bs the academic body of the '. University, and its constitution and the terms of office of its mem- ' bers, other than ex officio members, shall be prescribed by the 10 Statutes.

(2) The Academic Council 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 j<- shall exercise such other powers and pevform such other diHej as may be conferred or imposed upon it by tno Staiutes.

14. (1) There shall be consiiUited an Academic Advisory Com- mittee of the University which shall advise generally on the planning and development of the University and keep under review the standard of education and research in ths University.

'Hie arade- mic Advisory Commit- tee.

(2) The Committee shall consist of—

(a) not more than saven persona of high academic standing, not being members of the staff of the University, who shall be appointed in such manner as may be prescribed by the Statutes,

25 ™d

(b) the Vice-Chancellor.

(3) The Visitor may determine a date with effect from which the Academic Advisory Committee shall stand dissolved.

15. Subject to the provisions of this Act, the Statutes may provide Statutes.

30 for all or any of the following matters, namely: —

(a) the constitution, powers and duties of the auihorities and other bodies of the University, the qualifications and dis- qualifications for membership of such authorities and other b"odies, appointment and removaToT^iembers thereof and othW

or matters connected therewith;

(b) the appointment, powers and duties of the officers of

the University;

835 G of I—C.

(c) the** appointment, t e r ms a nd conditions of service a nd the powers a nd duties of t he employees of t he University;

(d) the terms and conditions under which institutioni may be associated with the University;

(e) the administration of the University, the establishment 5 and""abolition of **Colleges, institutions and Halls, grant and withdrawal of **recognition to institutions, the institution of Fellowships, Awards and the like, the conferment of degrees and other academic distinctions and the grant of diplomas ami certificates;**

10

(f) any other matter which is necessary for the proper and effective management and conduct of the affairs of the University and which by this Act is to be or may be provided by the Statutes.

16. (1) The first Statutes are those set out in the Second Schedule. 15 Statutes how made.

(2) The Executive Council may, from time to time, make new or additional Statutes or may amend or repeal the Statutes in the manner hereafter in this section provided:

Provided that the Executive Council shall not make any Statut* or any amendment of a Statute affecting the status, powers or con- %o stitution of any existing authority of the University until such authority has been given an opportunity of expressing an opinion on the proposal, and any opinion so expressed shall be In writing and shall be considered by the Executive Council:

Provided further that no Statute shall be made by the Executive ^5 Council affecting the discipline of students, and standards of instruc- tion, education and examination except aiter consultation with the Academic Council.

(3) Every new Statute or addition to the Statutes or any amend- ment or repeal of a Statute shall require the **approval of the „ Visitor who may assent thereto or withhold assent or remit to the Executive Council for consideration.

(4) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Visitor.

17. (1) Subject to the provisions of this Act and the Statutef, the ,* Ordinances may provide for all or any of the following matters, Ordi- nance*.

namely:—

(a) the admission of students, th" oouxMt of study and tfc"

f#es therefor, the qualifications pertaining to degrees, diplomas, certificates and other academic distinctions, the conditions for the grant of Fellowships, Awards and the like;

(b) the conduct of examinations, including the terms of 5 office and appointment of examiners, and the conditions

of residence of students and their general discipline;

(c) the management of colleges and institutions maintained by the University;

(d) any other matter which by this Act or the Statutes if 10 to be or may be provided by the Ordinances.

(2) The first Ordinances shall be made by the Vice-Chancellor

with the previous approval of the Central Government and th"

Ordinances so made may be amended, repealed or added to at any

tim" by the Executive Council in the manner prescribed by Uw 15 Statutes.

Regula- tions.

18. The authorities of the University may make Regulations con- sistent with this Act, the Statutes and the Ordinances for the conduct of their own business and that of the committees appointed by them and not provided for by this Act, the Statutes or the Ordinances in

³⁰ the manner prescribed by the Statutes.

Annual report.

19. (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 Sta- tutes and shall be considered by the Court at its annual meeting. ²5 (2) The Court may communicate its comments thereon to the

Executive Council. "~~

Audit of accounts.

20. (1) The accounts of the University shall, once at least in every year "nd at intervals of not more than fifteen months, be audited by the Comptroller and Auditor-General of India, or any person autho- 30 rised by him in this behalf.

(2) The accounts, when audited shall foe 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 and to the Court.

21. If any question arises whether any person has been duly 35 elected or appointed as, or is entitled to be, a member of any autho- rity or other body of the University, the matter shall be referred to the Visitor whose decision thereon shall be final,

Disputes as to con- stitution of Uni- versity authoriti* and bodiea,

Constitu- tion of commit- tees.

22. Where any authority of the University is given power by tills Act or the Statutes to appoint committees, such committees shall. save as otherwise provided, consist of members of the authority con- cpviud and of such other persons (if any) as the authority in each case may think fit.

5

2,1, All casual vacancies among the members (other than tx Filling of casual vacancies.

ofjicw members) of any authority nr other body of the University shall be fill'*,}, ni soon pt conveniently may be, by the person or body wlio appni^sd, circled or o- opted the member whose place has become vacant, mid Ihe person appointed, elected or co-opted to a i° casual vacancy "b^U h>^ a member of such authority or body for the residue of tlio term for which the person whose pltce he fills would have been a member

24. No act or proceedings of any authority or other body of the University shall be invalidated merely by reason of the existence of J5 H vacancy or vacancies among its members,

Proceed- ings of the University authorities and bodies nat invali- dated by vacancies.

Removal of diffi- culties.

25. If any difficulty arises in giving effect to the provisions of this Act, the Central Government may by order published in the Official Gazette, make such pro^rions not inconsistent with the purpose* of this Act, as srap^Dr 1o it to bp necessary or expedient for removing 20 Ihe difficulty.

2C. Notwithstanding anything conteined in this Act and the

Statutes—

Transi- tional pro- visions.

(a) the first Chancellor, members of the Court, the Execu- tive Council end th? ^earbmic Council shall b<* nominated by 35 t ht Visitor and shall hold office for a term of three years;

(b) thr> first Vice-Chancellor shall be appointed by the

Visitor and he shall hold office for a term of five years.

Amend- ment of Act of 1922.

27. In the Delhi University Act, 1922, in sub-section (2) of stc- tion 5, after the words "foi the time being in force", the words end 30 figures "but subject to the provisions contained in the Jawaharlal Nehru University Act, 1965" shall be inserted.

THE FIRST SCHEDULE

(See section 4)

To be worthy of its name, the University shall endeavour to pro- mote the study of the principles and fulfil the ideals that Jawtharlal 5 Nehru stood and worked for during his life time, namely national integration, social justice, secularism, democratic way of life, inter- national understanding and scientific approach to the problems of the country.

Towards this end, the University shall—

i° (i) promote the composite culture of India and establish dapartments or institutions as may be necessary for the study and development of the various Indian languages;

(U) take special measures to facilitate students and teachers from all over India to join the University and participate in its 15 academic programmes;

(in) promote in the students and teachers an awareness and undergtanding of the social needs of the country and prepare them for fulfilling such needs;

(iv) make special provision for integrated courses in humani- 20 ties, science and technology in the educational programmes of the University;

(v) take appropriate measures for promoting inter-disci- plinary studies in the University;

(vi) establish such departments or Institutions as may be 25 necessary for the study of languages, literature and life of foreign countries with a view to inculcating in the students a world perspective and international understanding;

(vii) provide facilities for students and teachers from other countries to participate in the academic programmes and life of 30 the University.

THE SECOND SCHEDULE

[See section 16(/)]

THE STATUTES OF THE UNIVERSITY

1. In these Statutes—

Definition*.

(a) "Act" means the Jawaharlal Nehru University Act, 1905; 5

(b) all words and expressions used herein and denned in the Act shall have the meanings respectively assigned to them in the Act.

2. (1) The Chancellor shall be elected by the Court and shall hold Chancel- lor.

office for a term of three years:

l°

Provided that the Chancellor shall, notwithstanding the expira- tion of his term, continue to hold office until the election of his successor.

(2) If the office of the Chancellor becomes vacant, the functions of his office shall, until some person is elected under clause (I) to J5 the vacant office, be performed by the Vice-Chancellor.

Vi""-

Ch*n""l-

lor.

3. (I) The Vice-Chancellor shall be appointed by the Visitor from a panel of not less than three persons who shall be recommended by a committee consisting of three members:

Provided that, if the Visitor does not approve of any of the per- 20 sons so recommended, he may call for fresh recommendations.

(2) Two members of the committee shall be persons not connected with the University or an institution recognised by, or associated with, the University nominated by the Executive Council and one member shall be a person nominated by the Visitor who shall also 25 be the Chairman of the committee.

(3) The VIce-Chancellor shall be a whole-time salaried officer of the University. *

(4) The Vice-Chancellor shall hold office for a term of five years from the date on which he enters upon his office and shall, 30 on the expiration of his term of office be ineligible for re-appointment" to that o$ce:

'

ftet. t] THE GA^EfTE OB¹ lNt)IA EXrftAORDlNAttY 104$

Provided that the Vice-Chancellor shall, notwithstanding the ex- piration of his term, continue to hold his office until his successor is appointed and enters upon his office,

(5) The emoluments and other terms and conditions of service of 5 the Vice-Chancellor shall be prescribed by the Ordinances.

(6) If the office of the Vice-Chancellor becomes vacant, the functions of his office shall until some person is appointed under clause (1) to the vacant office, be performed by the Rector, and if there are two or more Rectors, by the senior-most of the Rectors:

io Provided that if there is no Rector, the Registrar shall carry on the current duties of the Vice-Chancellor and call a meeting of the Executive Council forthwith and take its directions for the carry- ing on of the work of the University.

4. (I) The Vice-Chancellor shall have a general responsibility I 15 for maintaining and promoting the efficiency and good order of the ' University.

Power* and duties of Vic"- < Clun- collor. c (2) It shall be the duty of the Vice-Chancellor to see that the pro- visions of the Act, these Statutes, the Ordinances and the Regula- tions are duly observed and the decisions taken by the authorities 20 of the University are implemented.

(3) The Vice-Chancellor shall have power to convene meeting* of the Court, the Executive Council and the Academic Council and shall perform all such acts as may be necessary to carry out the provisions of the Act, these Statutes and the Ordinances.

25 (4) The Vice-Chancellor shall be entitled to be present at and to address any meeting of any authority or body or committee of the University but shall not be entitled to vote thereat unless he is a member of such authority or body or committee.

(5) If, in the opinion of the Vice-Chancellor, any emergency 30 has arisen which requires immediate action to be taken, the Vic"- Chancellor shall take such action as he deems necessary and shall report the same for approval at the next meeting to the authority which, in the ordinary course, would have dealt with the matter:

Provided that, if the action taken by the Vice-Chancellor is not 32 approved by the authority concerned, he may refer the matter to the Visitor, whose decision thereon shall be final:

Provided further that, where any such action taken by the Vice- Chancellor affects any person In the service of the University, such

person shall be entitled to prefer, within thirty days from the date on which he receives notice of such action, an appeal to th" Execu- tive Council.

(6) The Vice-Chancellor shall exercise such other powers as may be prescribed by the Ordinances or the Regulations.

,

Rttctor.

5. (1) Every Rector shall be appointed by the Executive Council on the recommendation of the Vice-Chancellor:

Provided that where the recommendation of the Vice-Chancellor is not accepted by the Executive Council, he may recommend any other person to the Executive Council and if it does not accept that Io recommendation also, the Vice-Chancellor shall forward the names of both the pertons aforesaid to the Visitor and the Visitor may appoint wither of them or direct the Vice-Chancellor to recommend any othar parson to the Executive Council.

(2) A Rector shall be a whole-time salaried officer of the Uni- „ veraity.

(3) The term of oiiice of a Rector shall be such as may be decid- ed by the Executive Council, but it shall not in any case exct"d five years. On the expiration of his term of office he ihall be eligi- ble for re-appointment.

20

(4) The emoluments and other terms and conditions of s"rvic" of a Rector "hall be prescribed by the Ordinances.

Poweri and

dutiu of

Rtctor.

1 6. (1) A Rector shall assist the Vice-Chancellor in respect of such matters as may be specified by the Vice-Chancellor in this behalf. He shall also exercise such powers and perform such dutits 2$ as may be delegated to him by the Vice-Chancellor.

(2) Where the Vice-Chancellor is the Chairman of any body or committee of the University and he is absent for any reason what- soever from any meeting of such body or committee, the Rector, and if there are two or more Rectors, the senior-most Rector shall prt- ^Q side over such meeting.

(3) A Rector shall, on being authorised by the Vice-Chancellor in that behalf, be entitled to be present at and to address any meet- ing of any authority, body or committee of the University but shall not be entitled to vote thereat:

35

Provided that if the* Rector is a member of such authority, body or committee, such Rector shall have all the rights and privilege! of a mtmber th"r"ol

Dean of School of Studies.

7. (2) Every Dean of a School of Studies shall be appointed by D the Vice-Chancellor for a period of three years and he shall be eligi- & ble for re-appointment:

Provided that when the office of the Dean is vacant or when the 5 Dean is, by reason of illness or absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.

(2) The Dean shall be the head of the School of Studies and shall 10 be responsible for the conduct and standard of teaching and research in the School. He shall have such other functions as may be pres- cribed by the Ordinances.

(3) The Dean shall have the right to be present and to speak at any meeting of a board or committee of the School, as the case may :5 be, but not the right to vote thereat unless he is a member thereof.

8. (2) The Registrar shall be appointed by the Executive Coun- ] Registrar.

cil and shall be a whole-time salaried officer of the University.

(2) When the office of the Registrar is vacant or when the Regis- trar is, by reason of illness or absence for any other cause, unable ?° to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.

(3) The Registrar shall not by reason only of his being Secre- tary of the Court, the Executive Council and the Academic Coun- 25 cil, be deemed to be a member of any of these authorities.

(4) The Registrar shall—

(a) be the custodian of the records, the common seal and such other properties of the University as the Executive Coun- cil shall commit to his charge;

30 (b) conduct the official correspondence of the Court, the Executive Council and the Academic Council;

(c) supply to the Visitor copies of the agenda of meetings of the authorities of the University as soon as they are issued and the minutes of the meetings of the authorities ordinarily ,5 within a month of the holding of the meetings;

(d) in an emergency, when the Vice-Chancellor or any of the Rectors is not able to act, call a meeting of the Executive Council forthwith and take its directions for carrying on the work of the University;

635 G of 1—6.

(e) represent the University in suits or proceedings by or against the University, sign powers of attorney and verify pleadings or depute his representative for the purpose; and

(f) perform such other duties as may be specified in these Statutes, or prescribed by the Ordinances or the Regulations or ^ as may be required, from time to time, by the Executive Council or the Vice-Chancellor.

(5) (a) The Registrar shall have power to take disciplinary action against the employees belonging to the ministerial staff and to suspend them pending inquiry, to administer warnings to them or 10 to impose on them the penally of censure or the withholding of in- crement:

Provided that no such penalty shall be imposed unless the person concerned has been given a reasonable opportunity of showing cause ageinat the action proposed to be taken in regard to him.

l5

(b) An appeal shall lie to the Vice-Chancellor against any order of the Registrar imposing the penalty of the withholding of incre- ment.

(c) In a case where the inquiry discloses that a punishment beyond the powers of the Registrar is called for, the Registrar shall, ²° upon conclusion of the inquiry, make a report to the Vice-Chancellor along with his recommendations, for such action as the Vice- Chancellor deems fit:

Provided that an appeal shall lie to the Executive Council against the order of the Vice-Chancellor imposing the penalty of dismissal. 25

Finance Officer.

9. (1) The Finance Officer shall be appointed by the Executive Council and shall be a whole-time salaried officer of the University.

(2) When the office of the Finance Officer is vacant or when the Finance Officer is, by reason of illness or absence for any other cause, unable to perform the duties of his office, the duties of the 30 office'shall be performed by such person as the Vice-Chancellor may appoint for the purpose.

(3) The Finance Officer shall—

(a) exercise general supervision over the funds of the University and shall advise it as regard its financial policy; and 35

(b) perform such other financial functions es may be assigned to him by the Executive Council or as may be prescribed by these Statutes or the Ordinances:

Provided that the Finance Officer shall not incur any ex- penditure or make any investment exceeding Rs. 10,000 with- 40 out the previous approval of the Executive Council.

(4) Subject to the control of the Executive Council, the Finance Officer shall—

(a) hold and manage the property and investments In- cluding trust and endowed property for furthering any of the 5 objects of the University;

(b) see that the limits fixed by the Finance Committee for recurring and non-recurring expenditure for a yeer are not exceeded and that all moneys are expended on the purposes for which they are granted or allotted;

i° (c) be responsible for the preparation of annual accounts and the budget of the University for the next financial year and for their presentation to the Executive Council;

(d) keep a constant watch on the state of the cash and bank balances and on the state of investments;

15 (e) watch the progress of collection of revenue and advise on the methods of collection employed;

(f) have the accounts of the University regularly audited by an internal audit party;

(g) see that the registers of buildings, land and equipment 20 are maintained up-to-date and that the stock-checking is conduct- ed of equipment and other consumable materials in all offices, Special Centres, Specialised Laboratories, colleges and institutions maintained by the University;

(h) call for explanation for unauthorised expenditure and 25 for other financial irregularities and suggest disciplinary action against the persons at fault; and

(i) call for from any office or college or institution under the University any information or returns that he may consider necessary to discharge his financial responsibilities.

30 (5) The receipt of the Finance Officer or of the person or persona duly authorised in this behalf by the Executive Council for any money payable to the University shall be sufficient discharge for the same.

10. (1) The following shall also be the officers of the University, namely: —

Officers ol the Uni- versity.

35 (a) Dean of Students,

(b) Chief Proctor,

(c) Librarian.

(2) (a) The Dean of Students shall be appointed from amongst employees of the University, who are or who have been teachers of 4° the University not below the rank of Reader, by the Executive Coun- cil on the recommendation of the Vice-Chancellor the Dean shall be

i whole-time employee of the University, shall hold office for a term af three years and shall be eligible for re-appointment.

(b) The person who is appointed as the Dean of Students shall continue to hold his lien on his substantive post.

(c) When the office of the Dean of Students is vacant or when the 5 Dean of Students is, by reason of illness or absence for any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint ' >j,t^" for the purpose.

(d) The duties and powers of the Dean of Students shall be io prescribed by the Ordinances.

(3) (a) The Chief Proctor shall be appointed by the Executive Council on the recommendation of the Vice-Chancellor and shall exercise such powers and perform such duties in respect of the maintenance of discipline among the students as may be assigned to *5 him by the Vice-Chancellor.

(b) The Chief Proctor shall hold office for a term of two years and shall be eligible for re-appointment.

(4) (a) The Librarian shall be appointed by the Executive Council and shall be a whole-time salaried officer of the University. ²⁰

(b) The duties and powers of the Librarian shall be regulated by the Ordinances.

The Court. 11. (7) The Court shall consist of the following members, namely: —

Ex officio Members:

'5

(i) The Chancellor;

(ii) The Vice-Chancellor;

(Hi) The Rector or the Rectors;

(iv) The remaining members of the Executive Council who are not otherwise members of the Court; [30 (v) The Dean of Students;

(vi) The Chief Proctor;

(vii) The Librarian;

(viii) Vice-Chancellor, Delhi University;

(ix) Director, All-India Institute of Medical Sciences, New 35 Delhi;

(x) Director, Indian Institute of Technology, New Delhi; (xi) Director, Indian Agricultural Resenrch Institute, New Delhi;

(xii) Director, Indian School of International Studies, New Delhi;

(ociii) Director, Indian Institute of Public Administration, New Delhi;

$ ' (xiv) Director, Institute of Advanced Studies, Simla;

(xv) Sheikh-ul-Jamia, Jamia Millia Islamia, New Delhi;

(xvi) The President, Alumni Association;

Representatives of Municipal Bodies:

(xvii) Mayor, Municipal Corporation of Delhi;

10 (xviii) President, New Delhi Municipal Committee;

Representatives of Education Board:

(xix) Chairman, Central Board of Secondary Education, New Delhi;

(xx) Director of Education. Delhi;

X5 Representatives of Schools, Departments and Colleges:

(xxi) All Deans of Schools of Studies;

(xxii) Not more than ten Heads of Departments, who are not Deans, by rotation according to seniority;

(xxiii) Not more than five Principals of Colleges, by rotation ³⁰ according to seniority of whom at least one shall be Principal of Women's Colleges;

(xxiv) One Professor from each School of Studies, not being the Head of Department, by rotation according to seniority;

(xxv) Two Readers, by rotation according to seniority;

25 (xxvi) Five Lecturers, by rotation according to seniority;

members of the Court referred to in items (xxii) to (xxvi) shall hold office for a term of two years;

Representatives of Alumni Association:

(xxvii) Not more than five representatives, other than the 30 President, to be elected by Alumni Association;

Representatives of Parliament:

(xxviii) Six representatives of Parliament, four to be elected by the Lok Sabha in such manner as the Speaker may direct and two to be elected by the Rajya Sabha in such manner as the 35 Chairman rnay direct;

Persons representing Learned Professions, Industry, Commerce

and Agriculture;

(xxix) Not more than ten persons representing learned professions to be nominated by the,Visitor;

(xxx) Not more than six persons representing Industry, 5 Commerce and Agriculture to be nominated by the Visitor;

Other Nominated Members:

(xxxi) Not more than flve persons to be nominated by the Visitor;

(xxxii) Not more than two persons to be nominated by the 10 Chancellor:

Provided that in making nominations under items (ccaria;), (xxx), (xxxi) and (xxxii) due regard shall be had to the representation of the different interests, professions, cultures and learnings and also bf the different regions of the country:

,j

Provided further that no employee bf the University shall be eli- gible to be a member under any of the items (xxviii) to (xxxii).

(2) When an elected member of the Court becomes an ex officio member before the expiry of his term, he shall cease to be an elected member.

20

(3) If any body of persons entitled to elect members fails to do so within the time prescribed by the Court, the Court may appoint as a member any person whom that body of persons could have elected as a member:

Provided that in the case of first elections to the Court, the powers 25 conferred upon the Court by this clause shall be exercisable by the Executive Council.

(4) Save as otherwise expressly provided, a member of the Court shall hold office for a period of three years.

(5) Thirty members of the Court shall form the quorum. 30

Meetings of the court.

12. (1) An annual meeting of the Court shall be held on a date fixed by the Executive Council, unless some other date has been fixed by the Court, and at such annual meetings, a report of the proceed- ings of the Executive Council and a report of the working of the University during the previous year together with a statement of 35 the receipts and expenditure and the balance-sheet as audited and

the budget for the next financial year shall be presented by the Exe- cutive Council and any vacancies among the officers of the Univer- sity or among the members of the Court or the Executive Council which ought to be filled up by the Court shall als"o be filled up.

5 ~(2) A copy each of the reports together with a copy of the state- ment of receipts and expenditure and of the balance-sheet and the budget referred to in clause (1) shall be sent to every member of the Court at least seven days before the date of the annual meeting and shall be open to inspection by members of the Court and the 10 Academic Council at the Office of the University during the year following such meetings at such reasonable hours and under such conditions as the Executive Council may determine.

13. (1) The Executive Council shall consist of the following : Executive Council.

members, namely: —

jj (i) The Vice-Chancellor, ex officio;

(ii) The Dean of Students, ex officio;

(iii) Not more than three Deans of Schools of Studies, by rotation according to seniority;

(iv) Not more than three Principals of Colleges including at least one Principal from a Women's College, by rotation accord- ²⁰ ing to seniority;

(v) Three persons, none of whom shall be an employee of the University or an institution recognised by, or associated with, the University, elected by the Court from among its members;

(vi) Four persons nominated by the Visitor;

(vii) Such number of other persons representing institu- tions recognised by, or associated with, the University, as may be determined by the Visitor, from time to time.

(2) The members of the Executive Council referred to in items (iii) and (iv) shall hold office for a term of two years,

(3) The members referred to in items (v), (vi) and (vii) shall hold office for a term of three years.

(4) The term of office of the members of the Executive Council shall commence from the date of election, nomination or appoint- ee ment, as the case may be.

(5) Five members of the Executive Council shall form the

Powers of the Bxecutira Council.

14. Subject to the provisions of the Act, these Statutes and the Ordinances, the Executive Council shall, in addition to any other powers vested in it, have the following powers, namely: —

(i) to appoint such Professors, Readers, Lecturers, and other members of the teaching staff as may be necessary; on the recom- 5 mendations of tihe Selection Committees constituted for the purpose, and to provide for filling temporary vacancies therein; (ii) to fix the emoluments and define the duties and condi- tions of service of Professors, Readers, Lecturers and other mem- bers of the teaching staff:

io

Provided that no action shall be taken by the Executive Council in respect of the number, the qualifications and the emo- luments of teachers otherwise than after consideration of the recommendations of the Academic Council;

(iit) to create administrative, ministerial and other necessary 15 posts and to make appointments thereto;

(iv) to regulate and enforce discipline among the members of the teaching, administrative and ministerial staff of the Uni- versity in accordance with these Statutes and the Ordinances;

(v) to manage and regulate the finances, accounts, invest- 20 ments, property, business and all other administrative affairs of the University and, for that purpose, to appoint such agents as it may think fit;

(vi) to invest any money belonging to the University, in- cluding any unapplied income, in such stocks, funds, shares or 2j securities, as it shall, from time to time, think fit, or in the pur- chase of immovable property in India, with the like powers of varying such investments, from time to time;

(uii) (a) to accept on behalf of the University any trust, bequest, donation or transfer of any movable or immovable pro- 30 perty to the University; and

(b) to transfer any movable or Immovable property on behalf of the University;

(viii) to provide the buildings, premises, furniture, appa- ratus and other means needed for carrying on the work of the ^ University;

(ix) to enter into, vary, carry out and cancel contracts on behalf of the University;

(x) to entertain, adjudicate upon, and if it thinks fit, to redress, any grievances of the salaried officers, the teaching staff 4

and other employees of the University who may for any reasons feel aggrieved:

Provided that, in matters of discipline and punishment, where the final power has been vested in the Vice-Chancellor or 5 any other officer of the University, no appeal shall lie to the Executive Council;

(xi) to appoint examiners and moderators and if nfccewsary to remove them, and to fix their fees, emoluments and travelling and other allowances after consulting the Academic Council;

i° (xii) to select a common seal for the University and provid* for the custody and use of the seal;

(xiii) to institute fellowships, scholarship!, studentship*, medals and prizes;

(xiv) to delegate any of its powers to the Vice-Chancellor, 15 the Registrar or such other officer of the University or to a Com- mittee appointed by it as it may deem fit.

15. (1) The Academic Council ihall consist of the following members, namely:—

Academie 1 Council.

(i) The Vice-Chancellor;

20 (it) Th" Rector or the Rectors;

(iii) The Deans of Schools of Siudi*i;

(iv) The Dean of Students;

(v) The Chief Proctor;

(vi) The Librarian;

2* (vii) Such number of Heads of Departments, other than the Deans of Schools of Studies and the Principals of Colleges (by rotation according to seniority) as may be laid down in the Ordi nancea;

(viii) Not more than five Professors, other than the Heada 30 of Departments, Deans of Schools of Studies and Principals vf Colleges, by rotation according to seniority;

(ix) Not more than eight Principals of Collegw, other thar Deans of Schools of Studies, by rotation according to seniority;

(x) Not more than eight teachers of the University elected 35 from amongst themselves by the teachers, other than those refer- red to in items (in) to (v) and (mi) to (ix);

635 G ot 1—7.

(xi) Two persons, not being employees of the University or an institution recognised by, or associated with, the Univer- sity, co-opted by the Academic Council for their special know- ledge;

(xii) Such number of other persons representing institutions 5 recognised by, or associated with, the University, as may be determined by the Executive Council, from time to time.

(2) All members of the Academic Council, other than ex officio members shall hold office for a term of two years.

(3) Fifteen members of the Academic Council shall form the I0 quorum.

16. Subject to the provisions of the Act and these Statutes, the Academic Council shall, in addition to all other powers vested in it, have the following powers, duties and functions, namely: —

Powers and duties of the Academic Council.

(i) to report on any matter referred to it by the Court or 15 the Executive Council;

(ii) to make proposals to the Executive Council for the es- tablishment of Departments, Colleges, institutions of higher learning, Special Centres, Specialized Laboratories, Libraries and Museums;

20

(iii) to formulate, modify or revise schemes for the organi- sation of, and assignment of subjects to Schools of Studies;

(iv) to consider proposals submitted by the Schools of Studies;

(v) to promote research within the University and to require, 25 from time to time, reports on such research;

(vi) to make recommendations to the Executive Council with regard to the creation and abolition of teaching posts in the University and the classification of the said posts and the emolu- ments and duties attaching thereto;

30

(vii) to recognise diplomas and degrees of other Universities and institutions and to determine their equivalent diplomas and degree of the Jawaharlal Nehru University;

(viii) to appoint Committees for admlsison to the University;

(ix) to publish lists of prescribed or recommended text- 35 books and to publish the syllabuses of prescribed courses of study;

(x) to make such arrangements for the instruction and exa- mination of persons, not being members ol the University, as may be necessary;

(xi) to recommend to the Executive Council draft Ordinan- ces regarding examinations of the University and the conditions on which sludents should be admitted to such examinations;

(xii) to make recommendations to the Executive Council in 5 regard to the appointment of examiners and, if necessary, their removal and the fixation of their fees, emoluments and travelling and other expenses;

(xiii) to make arrangements for the conduct of examina- tions and to fix dates for holding them;

¹⁰ (criv) to declare the results of various University examina- tions, or to appoint committees or officers to do so;

(xv) to make recommendations regarding the conferment or grant of degrees (including honorary degrees), academic dis- tinctions, honours, diplomas licenses, titles and marks of honour;

*5 (xvi) to make proposals to the Executive Council for th" institution of fellowships, scholarships, studentships, medals and prizes and to award the same;

(xvii) to perform, in relation to academic matters, all such duties and to do all such acts as may be necessary for the pro- ²⁰ per carrying out of the provisions of the Act, these Statutes and the Ordinances;

(xvin) to constitute a Council of Students' Affairs consist- ing of such number of teachers and students as may be prescrib- ed bv the Ordinances to advise the Academic Council on matters 35 relating to the welfare of the students of the University.

17. (1) The members of the Academic Advisory Committee shall be appointed by the Visitor and shall hold office for such period as he may determine.

(2) The Academic Advisorv Committee shall elect one of its

Hie Academic Advisory Com- mittee.

30 members, other than the Vice-Chancellor, as Chairman.

(3) The Academic Advisory Committee shall, in addition to all other powers vested in it by the Act have the right to advise the Executive Council and the Academic Council on any academic mat- ter.

35 (4) On the date determined by the Visitor under sub-section (3) of section 14, this Statute shall cease to have effect.

18- (1) The University shall have such Schools of Studies as may be specified in the Ordinances.

Schochs of Studiei.

(2) (a) Every School of Studies (hereinafter referred to as the 40 School shall consist of such Departments as may be assigned to It by the Ordinances.

(b) Each Department shall consist of the following membirs, namely:—

(i) Teachers of the Department;

(ii) Persons appointed to conduct research In the Depart- ment;

5

(Hi) Honorary Professors, if any, attached to the Depart- ment;

(iv) Such other persons as may be members of the Depart- ment in accordance with the provisions of the Ordinances.

(c) Each Department shall have a Head who may be a Professor 10 or, if there is no Professor, a Reader and whose duties and functions shall be prescribed by the Ordinances:

Provided that if there are more Professors or, as the case may be, Readers than one in any Department, the Executive Council shall appoint one of them as the Head of the Department. 15

(3) Every School shall have a Board consisting of the following members, namely:—

(i) The Dean of th" School;

(ii) Th" Heads of Departments in the School;

(ill) The Professors in thp Departments in the School; 2o (tv) One Reader and one Lecturer, by rotation according to seniority, from each Department in the School;

(v) Five members elected by the Academic Council for their special knowledge in any subject assigned to the School or In any allied branch of knowledge: 25

(vi) Such other members, but not exceeding five, as may be spoclflftd in the Ordinances.

(4) All members of a Board other than ex officio members, shall hold office for a term of three years and shall be eligible for re-elec- tion or re-appointment, as the case may be. The first term of 30 members shall commence from such date as may be notified by the University.

(5) Every Board shall have such powers and shall perform such duties as may be prescribed by the Ordinances,

(6) The conduct of the meetings of a Board and the quorum re- 35 quired shall b* prescribed by the Ordinances,

19. (1) The Finance Commute? shall consist, of the following

Finance Com- mittee.

members, namely:—

(i) The Vice-Chancellor;

(ii) Thren persons nominated by the Visitor;

5 (Hi) Three persons, who are not employees of the University nominated by the Executive Council.

(2) The Finance Officer shall be the Secretary of the Finance Committee.

(3) Three members of the Finance Committee shall form the ¹⁰ quorum.

(4) All members of the Finance Committee, other than ex offtcio members, shall hold office for a term of three years.

(5) The Vice-Chancellor shall preside at the meetings of the Finance Committee,

15 (6) The Finance Committee shall meet at least twice every year to examine accounts and scrutinise proposals for expenditure.

(7) The annual accounts and financial estimates of the Univer- sity prepared bv the Finance Officer shall be laid before the Finance Committee for consideration and comments and thereafter submit- ²⁰ ted to the Executive Council for approval with or without - amend- ments.

20. The Court, the Executive Council or the Academic Council t

Com- mittees.

may appoint Boards or Committees consisting of members of the authority making such appointment and of such other persons (if 25 any) as that authority in each case may think fit; and p.ny such Board or Committee may dual with any subject assigned to it sub- ject to subsequent confirmation by the authority which appointed I it.

Elected Chairman to preside whore no provision made in s Statutes.

21. Where, by the Statutes or the Ordinances, no provision is \ 30 made for a Chairman to preside over a meeting of any University t Authority, Board or Committee, or when the Chairman so provided ^ for is absent, the members present shall elect one among themselves T to preside at the meeting.

R :signa- tion.

22. (1) Any member other than an ex otflcio member, of the ] 35 Court, the Executive Council, the Academic Council or any other * authority of the University or committee may resign by letter add- ressed to the Registrar and the resignation shall take effect as soon as such letter is received by the Registrar.

(2) Any officer.of the University (whether salaried or otherwise) may resign his office by letter addressed to the Registrar:

Provided that such resignation shall take effect only on the date from, which the same is accepted by the authority competent to fill the vacancy.

5

23. (1) A person shall be disqualified for being chosen as. and J)isqualifl- cationi.

for being, a member of any of the authorities of the University—

(0) if he is of unsound mind or is a deaf-mute or suffers from contagious leprosy;

(b) if he is an undischarged insolvent; 1°

(c) if he has been convicted by a court of law of an offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months.

(2) If any question arises as to whether a person is or had been subjected to any of the disqualifications mentioned in sub-section 15 (1), the question shall be referred for the decision of the Visitor and his decision shall be final, and no suit or other proceeding shall lie in any court of law against such decision.

Honorary Degrees,

24. Any proposal for the conferment of honorary degrees shall be made by the Academic Council to the Executive Council, and the 2° proposal if accepted by the Executive Council shall require the assent of the Court before submission to the Chancellor for confir- ^ r c^ mation,

With- drawal of Degrees, etc.

25. The Vice-Chancellor may, on the recommendation of the Academic Council, by order in writing, withdraw any degree or 25 academic distinction conferred on, or any certificate or diploma grant- ed to, any person, by the University for good and sufficient cause:

Provided that the Vice-Chancellor shall not make any such order until a notice in writinsr has been given to that person calling upon him to show cause within such time as mav be specified in the notice why such order should not be made and until his objections, if any, and any evidence he may produce in support of them, have been considered by the Vice-Chancellor.

26. (7) Teachers of the University shall b" of two classes, University Teachers.

namely:—

35

(1) Appointed teachers of the University; (ii) Recognised teachers of the University.

(2) Appointed teachers of the University shall be either—

(0) employees of the University paid by University and appointed by the Executive Council as Professors, Readers or 40 Lecturers or otherwise as teachers of the University, or

(b) persons appointed by the Executive Council as Honorary Professors, Emeritus Professors, Readers or Lecturers or other- wise as teachers of the University.

(3) Recognised teachers of the University shall be the members 5 of the staff of a recognised institution other than an institution maintained by the University:

Provided that no such member of the staff shall be deemed to b" a recognised teacher unless he is recognised by the Execute* Council as a Professor, Reader or in any other capacity as a teacher 10 of the University.

(4) The qualifications of recognised teachers of the Univenity shall be such as may be prescribed by the Ordinances.

(5) All applications for the recognition of teachers of the Uni- versity shall be made in such manner as may be laid down by thft 15 Regulations made by the Executive Council in that behalf.

(6) The period oi: recognition oi a teacher of the University as . Professor or Reader shall be determined by Ordinances made in that behalf. A person in the service of a recognised institution other than an institution maintained by the University, recognised as a teacher of 2o the University otherwise than as a Professor ox Reader shall con- tinue to be recognised so long as he is in the service of the institution.

(7) The Vice-Chancellor may, on the recommendation of th" Academic Council, by order in writing, withdraw recognition from a teacher:

25 Provided that the Vice-Chancellor shall not make any such order until a notice in writing has been given to that person calling upon him to show cause within such time as may be specified in the notice why such order should not be made and until his objections, if any, and any evidence he may produce in support of them, have been 30 considered by the Vice-Chancellor.

(8) A person aggrieved by an order of withdrawal under claus* (7) may, within three months from the communication to him of such order, appeal to the Chancellor who may pass such orders thereon as he'thinks fit.

3^ (9) No person shall be appointed or recognised as a teacher of the University except on the recommendation of a Selection Com- mittee constituted for the purpose.

Selection Com- mittees.

27. (1) There shall be Selection Committees for making recom- mendations to the Executive Council for appointment to the posts of 40 Professor, Reader, Lecturer, Registrar, Finance Officer and Librarian.

(2) Every Selection Committee shall consist of the Vice-Chancel- lor, who shall be the Chairman thereof, and a person nominated by the Visitor; and, in addition, the Selection Committee for making recommendations for appointment to a post specified in column 1 of the Table below shall have as its members the persons specified in 5 the corresponding entry in column 2 of the said Table:

TAILS

1

2

10

Ptofiwwr

(i) The Head of the Department con- cerned if he ie a Professor;

15

Header, Lecturer

(i) The Head of the Department con-

20

cerned;

35

(ti) Two persons not connected with the University, nominated by the Academic Council for their special knowledge of or Interest in, the subject with which the Reader or Lecturer will be concerned.

Three members of the Executive Registrar, Finance Office

Council nominated by it.

Librarian

30

Three p"s>ons not connected with the University, who have special knowledge of the subject of Lib- rary Science to be nominated by the Executive Cduncil.

(3) The procedure to be followed by a Selection Committee in 35

making recommendations shall be laid down in the Ordinances.

(4) If the Executive Count:'1 is; unable to accept any recommenda- tion made by the Selection Committee, it shall record its reasons and submit the case to the Visitor for orders.

(5) The constitution of thp Selection Committees for the purpose Qf recognising teachers shall be provided for by the Ordinances.

Special mode of Appoint- ment, 28. Notwithstanding anything contained in Statute 27, the Exe- cutive Council may invite a person of high academic distinction and 5 professional attainment to accept a post of Professor, Reader or Lecturer in the University, as the case may be, on such terms and conditions as it deems fit, and on the person agreeing to do so, ap- point him to the post.

Conditions of Service of Officer!, etc. 29- (I) Every teacher and salaried officer and such other em- io ployees as are mentioned in the Statutes 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 or employee concerned:

Provided that in the case of any teacher appointed for the first 15 time, the period of the contract shell not exceed five years.

(2) Any dispute arising out of a contract between the University and those mentioned in clause (1) shall, at the request of the teacher or officer or employee concerned, or at the instance of the University, be referred to a Tribunal of Arbitration consisting of one member 2O 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.

Removal of Teachers 30. (1) Where there is an allegation of misconduct against a teacher, the Vice-Chancellor may, if he thinks fit, by order in writ- *5 ing, place the teacher under suspension and shall forthwith report to the Executive Council the circumstances in which the order was made:

Provided that the Executive Council may, if it is of the opinion, that the circumstances of the case do not warrant the suspension of 3° the teacher, revoke that order.

(2) Notwithstanding anything contained in the terms of his con- tract of service or of his appointment, the Executive Council shall be entitled to remove a teacher on the ground of misconduct.

(3) Save as aforesaid, the Executive Council shall not be entitled 35 to remove a teacher except for good cause and after giving three months' notice in writing or payment of three months' salary in lieu of notice.

(4) No teacher shall be removed under clause (2) or under clause (3) until he has been given a reasonable opportunity of showing 4° cause against the action proposed to be taken in regard to him.

635 G of 1—8.

(5) The removal of a teacher shall require a two-third* majority of the members of the Executive Council present and voting.

(6) The removal of a teacher shall take effect from the date on which the order of removal is made:

Provided that where a teacher i.s under suspension at the time of 5 his removal, the removal shall take effect on the date on which he wae placed under suspension.

(7) Notwithstanding anything contained in these Statutes, the teacher shall be entitled to resign by giving three months' notict in writing to the Executive Council. . , ,

io

Removal

of em-

ployees

other than

teacheri.

31. (1) Notwithstanding anything contained in tho term" of hie contract of service or of his appointment, an employee of the Univer- tlty, other than a teacher, may be removed by the authority which if competent to appoint the employee—

(a) it he is of unsound mind or is a deaf-mute or suffers from 15 contagious leprosy;

(b) if he is an undischarged insolvent;

(c) if he has been convicted by a court of law of any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months;

20

(d) if he is otherwise guilty of miiconduct.

(2) No such employee shall be removed under clause (1) until he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.

(3) Where the removal of such employee i* fox a reason other aj;

than that specified in sub-clause (c) or sub-clause (d) of clause (1), he shall be given three months' notice in writing or paid three months' salary in lieu of notice.

(4) Notwithstanding anything contained in theie Statutes, an employee of the University, not being a teacher, shall be entitled to 30 resign,—

' '

(i) in the case of a permanent employee, only after jiving three months' notice in writing to the appointing authority or paying to the University three monthe' salary in lieu thereof;

(ii) in any other case, only after giving one month's notice 35 i" writing to the appointing authority or paying to the Univer- sity one month's salary in lieu thereof.

32. (1) All powers relating to discipline and disciplinary action in relation to students shall vest in the Vice-Chancellor.

(2) The Vice-Chancellor may delegate all or such of his powers 4° as he deems proper to the Chief Proctor and to such other persons •• as he may specify in thi* bebalt

Mainten- ance of discipline among Students of the university.

(3) Without prejudice to the generality of hie powers relating to the maintenance of discipline, and taking such action in the in- terest of maintaining discipline as may seem to him appropriate, the Vice-Chancellor may, in the exercise of his powers aforesaid, 5 order or direct that any student or students be expelled from any college or institution maintained by the University, Department, Special Centre or Specialised Laboratory, or be, for a stated period rusticated or be not, for a stated period, admitted to a course or courses of study in any such college or institution, Department, i° Special Centre, or Specialised Laboratory, or be fined in a sum of rupees that may be specified, or be debarred from taking an exami- nation or examinations for one or more years or that the results of student or students concerned in the examination or examinations in which he has or they have appeared be cancelled.

15 (4) The Principals or, as the case may be, the Heads of the Col- leges, institutions, Departments, Special Centres or Specialised Laboratories shall have the authority to exercise all such dis- ciplinary powers over the students in their respective colleges, institutions, Departments, Special Centres or Specialised Labora- 20 tories as may be necessary for the proper conduct of such colleges, institutions, Departments, Special Centres or Specialised Laboratories.

(5) Without prejudice to the powers of the Vice-Chancellor and the Chief Proctor as aforesaid, detailed rules of discipline and pro- per conduct shall be framed. The Principals or, as the case may be, 25 th" Heads of the colleges, institutions, Departments, Special Centres or Specialised Laboratories may frame such supplementary rules as they deem necessary for the aforesaid purposes. Every student shall provide himself with a copy of these rules.

33. The membership of any students' organisation shall beMember-

(students 30 voluntary.

organisa- tion.

34. (1) There shall be an Alumni Association established for the Alumni Jawaharlal Nehru University.

tkm°°ia" (2) The subscription, for membership of the Alumni Association shall be prescribed by the Ordinances.

35 (3) No member of the Association shall be entitled to vote or stand for election unless he has been a member of the Association for at least one year prior to the date of the election and is a graduate of the University of at least five years' standing:

Provided that the condition relating to the completion of one .0 year's membership shall not apply in the case of the first- election after the commencement of the Act-

Ordin- anceii.

35. Subject to the provisions of the Act and these Statutes, the Ordinances may provide for all or any of the following matters, namely: —

(a) the fees to be charged for courses of study in the Uni- versity and for admission to the examinations, dejrees and 5 diplomas of the University;

(b) the conditions of the award of fellowships, scholarships, studentships, exhibitions, medals and prizes;

(c) the conduct of examinations, including the terms of office and manner of appointment and the duties of examining 10 bodies, examiners and moderators;

(d) the maintenance of discipline among 1 the students of the University;

(e) the conditions of residence of students at the Uni- versity;

15

(f) 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;

(g) the giving of moral instruction;

(h) the numbers, qualifications, emoluments and the terms 2o and conditions of service, of teachers of the University;

(i) the management of colleges, institutions maintained by the University, Special Centres and Specialised Laboratories;

(j) supervision and inspection of colleges, recognised institu- tions, Special Centres and Specialised Laboratories; 25

(fc) all other matters which by the Act or these Statutes are to be or may be provided for by the Ordinances.

36. (2) The first Ordinances shall be made by the Vice-Chancellor with the previous approval of the Central Government.

Ordi- nance* how made.

(2) The said Ordinances may be amended, repealed or added to 30 at any time by the Executive Council provided that—

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

(b) no Ordinance shall be made,—

(i) affecting the admission or enrolment of students or prescribing examinations to be recognised as equivalent to the University examinations, or

, (ii) affecting the conditions, mode of appointment or duties of examiners or the conduct or standard of examin- ation or any course of study,

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

IO (3) The Executive Council shall not have power to amend any draft proposed by the Academic Council under clause (2) but may reject the proposal or return the draft to the Academic Council for reconsideration, either in whole or in part, together with any amend- ments which the Executive Council may suggest.

j, (4) Where the Executive Council has rejected the draft of an Ordinance proposed by the Academic Council, the Academic Council may, within two months of the date of such rejection, appeal to the Visitor and he may, by order, direct that the proposed Ordinance shall be laid before the next meeting of the Court for its approval 2o 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.

(5) All Ordinances made by the Executive Council shall be sub- mitted, as soon as may be, to the Visitor and the Court, and shall be ²* 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 present and voting, to cancel any Ordi- nance made by the Executive Council, and any such Ordinance _0 shall, from the date of such resolution, cease to have effect.

(6) The Visitor may, by order, direct that the operation of any Ordinance shall be suspended until he has had an opportunity of ex- ercising hia power of disallowance, and any order of suspension under this clause shall cease to have effect on the expiration of one _5 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.

(7) The Visitor may, within three months after any Ordinance has been considered by the Court, signify to the Executive Council 4o his disallowance of the Ordinance, and from the date of receipt by

the Executive Council of intimation of such disallowance, the Ordi- nance shall cease to have effect

Regula- tions.

37. (1) The authorities of the University may make Regulations consistent with this Act, these Statutes and the Ordinances: —

(a) laying down the procedure to be observed at their meet- 5 ings and the number of members required to form a quorum;

(b) providing for all matters which by this Act, these Statu- tes or the Ordinances are to be prescribed by Regulations;

(c) providing for all other matters solely concerning such authorities or committees appointed by them and not provided ¹⁰ for by this Act, these 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 the keeping of a record of the proceedings of meet- J5 ings.

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

B. N. BANERJEE,

Secretary.

PRINTED IN INDIA BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS,

M I N T* HOAD, ITEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS,

DELHI. 1965.