REGISTERED NO. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 2
PUBLISHED BY AUTHORITY
No. 33] NEW DELHI, THURSDAY, AUGUST 3, 1972/SRAVANA 12, 1894
Separate paging is given to this Part in order that it may be filed as a separate compilation.
RAJYA SABHA
The following Bill was introduced in the Rajya Sabha on the 3rd
August, 1972: —
BILL NO. XXIV OF 1972
A Bill further to amend the Delhi University Act, 1922.
BE it enacted by Parliament in the Twenty-third Year of the Republic
of India as follows:—
1. (1) This Act may be called the Delhi University (Amendment.) Act
1972.
Short title and com- mence- ment.
(2) It shall be deemed to have come into force on the 22nd day of
June, 1972.
8 of 1922.
Amend- ment of section 4.
2. In section 4 of the Delhi University Act, 1922 (hereinafter referred to as the principal Act), after clause (9), the following clauses shall be inserted, namely:—
"(9A) to declare, colleges conducting courses of study in the Faculties of Medicine, Technology, Music or Fine Arts, as autonomous colleges:
( 651 )
"52 THE GAZETTE OF INDIA EXTRAORDINARY [PAH* II—Provided that the extent of the autonomy which each such college may have, and the matters in relation to which it may exer- cise such autonomy, shall be such as may be prescribed by the Statutes;
(9B) to set up one or more College Councils for two or more colleges with such composition, powers ahd functions as may be laid down in the Statutes;".
3. In section 28 of the principal Act, after clause (h), the following
clauses shall be inserted, namely:—
Amend-
ment of
section 28
"(hh) the extent of the autonomy which a college, declared as an autonomous college under clause (9A) of section 4, may have and the matters in relation to which such autonomy may be exercised;
(hhh) the composition, powers and functions of College
Councils ".
4. In section 29 of the principal Act, for sub-sections (2), (3), (4), (5)
and (6), the following sub-sections shall be substituted, namely: —
Amend-
ment ot
section
29.
" (2) The Executive Council may, from time to tune, make new or
additional Statutes or may amend or repeal the Statutes:
Provided that the Executive Council shall not make, amend or repeal any Statute affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Executive Council.
(3) Every new Statute or addition to the Statutes or any amend- ment or repeal of a Statute shall require the previous approval of the Visitor who may sanction, disallow or return it to the Executive Coun- cil for further consideration."
5. (1) The Delhi University (Amendment) Ordinance, 1972, is hereby 5 of t9?3# repealed.
Repeal
and
saving.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall bo deemed to have been done or taken under the corresponding provisions of the principal Act as amended by this Act
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 653STATEMENT OF OBJECTS AND REASONS
The question of reorganisation of the Delhi University has been under consideration for quite some time. On the request of the Ministry of Education, the University Grants Commission constituted a Committee under the chairmanship of the Vice-Chancellor of the Delhi University to go into the administrative and organisational difficulties (including University-College relationship) of the University. The Committee sub- mitted its Report and its recommendations are as follows: —
(a) The Act should be amended to give power to the University to declare certain colleges as autonomous colleges.
(b) The Colleges may be grouped together into two or three groups and a College Council may be appointed to look after each group of colleges. A College Council should have the same powers as the Executive Council and should be headed by a full-time Chair- man, appointed by the Visitor on the recommendation of the Vice- Chancellor or the Executive Council.
2. The University Grants Commission while considering the Report of the Committee had strongly supported the concept of autonomous colleges and decentralisation of administration.
3, After consideration of the recommendations of the said Committee and the views of the Vice-Chancellor, the Delhi University Act was amended by an Ordinance so that the University may have the follow- ing powers before the commencement of the next academic session, namely: —
(a) to declare colleges conducting courses of study in the Facul- ties of Medicine, Technology, Music and Fine Arts as autonomous colleges;
(b) to empower the University to set up one or more College Councils;
(c) to empower the Executive Council of the University, instead of the Court, to make new or additional Statutes or amend the exist- ing statutes with the approval of the Visitor of the University.
4 The Bill seeks to replace the said Ordinance.
S- NURUL HASAN.
NEW DEIHI; The 21st July, 1972.
654 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 2]MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 3 of the Bill proposes to insert two new clauses in section 28 of the principal Act dealing with the power to make Statutes. The mat- ters in respect of which Statutes may be made under the new clauses relate to the extent of the autonomy which a college, declared as an autonomous college, will have and the composition, powers and functions of College Councils.
Clause 4 of the Bill proposes to substitute sub-sections (2) to (6) of section 29 of the principal Act by new sub-sections so as to empower the Executive Council of the University, instead of the Court as at present, to make new or additional Statutes or amend or repeal the Statutes with the previous approval of the Visitor. The matters on which Statutes may be made by the Executive Council relate to the constitution and powers of the authorities of the University, the appointment, powers and duties of officers of the University and other matters.
The matters in relation to which Statutes may be made, amended or repealed are matters of procedure or detail which may hardly be provi- ded in the Act. The delegation of the legislative power is, therefore, of a normal character.
B. N. BANERJEE,
Secretary.