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ALIGARHMUSLIMUNIVERSITY ACT

Ministry of Law and Justice

Act nº 40 of 1920


  • Schedules
  • Act nº 40 of 1920

Preamble

THE ALIGARH MUSLIM UNIVERSITY ACT, 1920

[Act, No. 40 OF 1920]

[14th September, 1920]

PREAMBLE

An Act to1[* * *] incorporate a teaching and residential Muslim University at Aligarh.

WHEREAS it is expedient to1[* * *] incorporate a teaching and residential Muslim University at Aligarh, and to dissolve the Societies registered under the Societies' Registration Act, 1860, which are respectively known as the Muhammadan Anglo-Oriental College, Aligarh, and the Muslim University Association, and to transfer to and vest in the said University all properties and rights of the said Societies and of the Muslim University Foundation Committee;

It is hereby enacted as follows :--

1. Words "establish and" omitted by the Aligarh Muslim University (Amdt.) Act (62 of 1981). S. 2 (10-2-1982).


Section 1. Short title and commencement

(1) This Act may be called The Aligarh Muslim University Act, 1920.

(2) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint.

1. This Act was brought into force from the 1st December, 1920.


Section 2. Definitions

1[2. Definitions

In this Act and in all Statutes made hereunder, unless the context other­wise requires,--

(a) "Academic Council" means the Academic Council of the University;

(b) "Board of Studies" means the Board of Studies of the University;

(c) "Chancellor", "Pro-Chancellor" and "Vice-Chancellor", mean respectively, the Chan­cellor, Pro-Chancellor and Vice-Chancellor of the University;

(d) "Court" means the Court of the University;

(e) "Department" means a Department of Studies and includes a Centre of Studies estab­lished by the Ordinances;

(f) "Executive Council" means the Executive Council of the University;

(g) "Faculty" means a Faculty of the University;

(h) "hall" means a unit of residence or of corporate life maintained by the University for its students;

2(hh) "non-teaching staff means the employees of the University other than the teachers;]

(i) "Statutes", "Ordinances" and "Regulations" mean respectively, the Statutes, Ordinances and Regulations of the University for the time being in force;

3[(i)* * *]

(k) "Teachers" means professors, readers, lecturers and such other persons as may be ap­pointed for imparting instruction in the University or a hall and are designated as teachers by the Ordinances;

4[(l) "University" means the educational institution of their choice established by the Muslims of India, which originated as the Muhammadan Anglo-Oriental College, Aligarh, and which was subsequently incorporated as the Aligarh Muslim University].]

1. Substituted by the Aligarh Muslim University (Amdt.) Act (34 of 1972), S. 3 (17-6-1972).

2. Inserted by the Aligarh Muslim University (Amdt.) Act (62 of 1981), S. 3 (10-2-1982).

3. Clause (j) omitted by the Aligarh Muslim University (Amdt.) Act (62 of 1981), S. 3 (10-2-1982).

4. Clause (1) substituted by the Aligarh Muslim University (Amdt.) Act (62 of 1981), S. 3 (10-2-1982).


Section 3. Incorporation

1[3. Incorporation

The Chancellor, the Pro-chancellor and the Vice-Chancellor and the members of the Court, the Executive Council and the Academic Council, for the time being, shall be a body corporate by the name of the Aligarh Muslim University and shall have per­petual succession and a common seal and shall sue and be sued by that name.]

1. Substituted by the Aligarh Muslim University (Amdt.) Act (34 of 1972), S. 3 (17-6-1972).


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

From the commencement of this Act--

(i) the Societies known as the Muhammadan Anglo-Oriental College, Aligarh, and the Muslim University Association shall be dissolved, and all property, movable and immovable, and all rights, powers and privileges of the said Societies and all property, movable and immovable, and all rights, powers and privileges of the Muslim University Foundation Committee shall be transferred to and vest in the University and shall be applied to the objects and purposes for which the University is incorporated;

(ii) all debts, liabilities and obligations of the said Societies and Committee shall be transferred to the University and shall thereafter be discharged and satisfied by it;

(iii) all references in any enactment to either of the said Societies or to the said Committee shall be construed as references to the University;

(iv) any will, deed or other document, whether made or executed before or after the commencement of this Act, which contains any bequest, gift or trust in favour either of the said Societies or of the said Committee shall, on the commencement of this Act, be construed as if the University was therein named instead of such Society or Committee;

(v) Subject to any orders which the Court may make the buildings which belonged to the Muhammadan Anglo-Oriental College Aligarh, shall continue to be known and designated by the names and styles by which they were known and designated immediately before the commencement of this Act;

(vi) Subject to the provisions of this Act, every person employed immediately before the commencement of this Act in the Muhammadan Anglo-Oriental College, Aligarh, shall hold employment in the University by the same tenure and upon the same terms and conditions and with the same rights and privileges as to pension and gratuity as he would have held the same under the Muhammadan Anglo-Oriental College, Aligarh, if this Act had not been passed.

Section 5. Powers of the University

5.Powers of the University.--

TheUniversity shall have the followingpowers, namely :--

(1)to provide for instruction in such branches of learning as the University maythink fit, and to make provision for research and for the advancement anddissemination of knowledge;

(2)1 [(a)] to promote Oriental and Islamic studies and give instructionin Muslim theology and religion and to impart moral and physical training;

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

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

4 [(3) to hold examinations and to grant diplomas or certificates to, andconfer degrees and other academic distinctions on, personssubject to such conditions as theUniversity may determine and to withdraw any such diplomas, certificates,degrees or other academicdistinctions for good and sufficient cause;]

(4)to confer honorary degrees or other distinctions 5 [** *] in the manner laid down in the Statutes;

4 [(5) to provide instruction for such persons who are notmembers of the University, as theUniversity may determine;]

(6)to co-operate 2 [or collaborate] with otherUniversities and authorities in such manner and for such purpose as theUniversity may determine;

(7)to institute professorships, readerships, lectureships and 6 [*] other7 [teaching or academic posts] required by the University, and toappoint persons to such professorships, readerships, lectureships 8 [andother posts] 9 [anddetermine their conditions of service in accordance with the statutes];

10 [(7A) to appoint personsworking in any other University, institution or organisationas teachers of the University for a specified period];

(8)to institute and award fellowships (including travelling fellowships),scholarships, 11 [studentships] exhibitions and prizes in accordancewith the Statutes and the Ordinances;

12 [(9) to institute andmaintain halls for the students of the University;]

2 [(9A) to establish within aradius of twenty-five kilometres of the University Masque such Special Centres,Specialised Laboratories or other units forresearch and instruction as are, in the opinion of the University, necessary forthe furtherance of its objects;]

(10)to demand and receive such fees and other charges as may beprescribed by the ordinances;

(11)to supervise and control the residence and 11 [to regulate the]discipline of students of the University, and to make arrangements for promotingtheir health; 13 [*];

11 [(11A) to make special arrangements in respect of the residence, disciplineand leaching of women students;

(11B)to create administrative, ministerial and other 14 [* * **] posts and to make appointments thereto 14 [* * *] 7 [anddetermine their conditions of service is accordance with the statutes];

2 (11C) to regulate and enforce discipline among the employees of theUniversity and to take such disciplinary measures as may be deemed necessary;

(11D)to acquire, hold, manage and dispose of property, movable or immovable,including trust or endowed property for the purposes of the University;

(11E)to borrow, with the approval of the Central Government, on the security of theproperty of the University, money for the purposes of the University;

(11F) to declare a Department of Studies to be anautonomous Department; and]

(12)to do all such other acts and thingswhether incidental to the powers aforesaid or not as may be requisite in order to further theobjects of the University 15 [* * *].

1.Clause (2) relettered as sub-clause (a) thereof by the Aligarh Muslim University(Amdt.) Act (34 of 1972), Section 4 (17-6-1972).

2.Inserted by the Aligarh Muslim University (Amdt.) Act (34 of 1972), Section 4(17-6-1972).

3.Inserted by the Aligarh Muslim University (Amdt.) Act (62 of 1981), S. 4(10-2-1982).

4.Substituted by the Aligarh Muslim University (Amdt.) Act (34 of 1972), Section 4(17-6-1972).

5.Words "on approved persons" omitted by the Aligarh Muslim University(Amdt.) Act (62 of 1951), S. 3 (3-11-1951)

6.Word "any" omitted by the Aligarh Muslim University (Amdt.) Act (62 of1951) S. 3 ( 3- 11-1951)

7.Substituted for the words "teaching posts" by the Aligarh MuslimUniversity (Amdt.) Act (34 of 1972), S. 4 (17-6-1972).

8.Substituted for the words "and posts" by the Aligarh MuslimUniversity( Amdt.) Act (62 of 1951), S. 3 (3-11-1951).

9.Added by the Aligarh Muslim University (Amdt.) Act (62 of 1981), S. 4(10-2-1982).

10.Inserted by the Aligarh Muslim University (Amdt.) Act (34 of 1972), S. 4(17-6-1972).

11.Inserted by the Aligarh Muslim University (Amdt.) Act (62 of 1951), S. 3(3,11-1951).

12.Substituted by the Aligarh Muslim University, (Amdt.) Act (62 of 1981 ), S. 4(10-2-1982).

13.Word "and" omitted by the Aligarh Muslim University (Amdt.) Act (62 of1951) S. 3 (3- 11-19 51).

14.Words "necessary" and "and" omitted by the Aligarh MuslimUniversity(Amdt.) Act (34 of 1972), S. 4 (17-6-1972).

15.Certain words omitted by the Aligarh Muslim University (Amdt.) Act (62 of 1951),S. 3 (3-11-1951).


Section 6. Recognition of degrees

The degrees, diplomas and other academic distinctions granted or conferred to or on persons by the University shall be recognised by1[the Central and State Governments] as are the corresponding degrees, diplomas and other academic distinctions granted by any other University incorporated under any enactment.

1. Substituted for the words "any Government in British India" by A. C. A.O., 1948.


Section 7. Reserve fund

The University shall invest and keep invested in securities in which trust funds may be invested in accordance with the law for the time being in force relating to trusts in1[India] a sum of thirty lakhs of rupees as a permanent endowment to meet the recur­ring charges of the University other than charges in respect of fellowships, scholarships, prizes and rewards :

Provided that--

(1) any Government securities as defined in the Indian Securities Act, 1920, which may be held by the University shall, for the purposes of this section, be reckoned at their face value; and

(2) the aforesaid sum of thirty lakhs shall be reduced by such sums as, at the commencement of this act, the Central Government shall, by order in writing, declare to be the total capitalised value, for the purpose of this section--

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

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

1. Substituted for the words "Part A States and Part C States" by the Aligarh Muslim University (Amdt.) Act, 1951 (62 of 1951), Section 4 (3-11-1951).


Section 8. University open to all persons

1[8. University open to all persons

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

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

1. Section 8 substituted by the Aligarh Muslim University (Amdt.) Act (62 of 1981), S. 5 (10-2-1982).


Section 9. Religious instruction

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

Section 10. Residence of students

Every student of the University shall reside either in the Hall1[or hostel] or under such conditions as may be prescribed by the Ordinances.

1. Inserted by the Aligarh Muslim University (Amdt.) Act (34 of 1972), Section 6 (17-6-1972).


Section 11. Teaching in the University

1 [11. Teaching in the University

All recognised teaching for the purpose of University degrees, diplomas and certificates shall be conducted 2 [under the supervision of the Academic Council and in accordance with the Statutes and Ordinances].

1. Substituted for the former Section 11 by the Aligarh Muslim University (Amdt.) Act, 1951 (62 of 1951), Section 7 (3-11-1951).

2. Substituted for the portion beginning with the words "in the name of the University" and ending with words "in the field", by the Aligarh Muslim University (Amdt.) Act (34 of 1972), Section 7 (17-6-1972).


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

1[12. Power to establish and maintain High Schools and other institutions

(1) The University shall, subject to the Statutes, have power to establish and maintain High Schools within a radius of fifteen miles from the University Mosque.

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

1. Substituted for the former S. 12 by the Aligarh Muslim University (Amdt.) Act, 1951 (62 of 1951), section 8 (3-11-1951).

2. Substituted for the words "establish and maintain within the aforementioned limits any other institution whose objects fall within the powers of the University as described in section 5" by the Aligarh Muslim University (Amdt.) Act (34 of 1972), section 8 (17-6-1972)


Section 12A. [Omitted]

Omitted by the Aligarh Muslim University (Amendment) Act (34 of 1972), section 9 (17-6-1972).

Section 13. The Visitor

THE1[VISITOR]

13. The Visitor.--

(1) The President shall be the1[Visitor] of the University.

(2) The1[Visitor] shall have the right to cause an inspection to be made by such person or persons as he may direct, of the University, its buildings, laboratories, and equipment, and of any institution maintained by the University, and also of the examinations, teaching and other work conducted or done by the University, and to cause an inquiry to be made in like manner in respect of any matter connected with2[the administration or finances of] the University3[***].

4[(2A) The Visitor shall, in every case, give notice to the University of his intention to cause an inspection or inquiry to be made and on receipt of such notice, the University shall have the right to make such representation to the visitor as it may consider necessary.

(2B) After considering the representation, if any, made by the University, the Visitor may cause to be made such inspection or inquiry as is referred to in sub-section (2).

(2C) Where any inspection or inquiry has been caused to be made by the Visitor, the University shall be entitle to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry.]

(3) The1[Visitor] may address the Vice-Chancellor with reference to the result of such inspection and inquiry, and the Vice-Chancellor shall communicate to the5[Executive coun­cil] the views of the1[ Visitor] with such advice as the1[Visitor] may be pleased to offer upon the action to be taken thereon.

(4) The5[Executive Council] shall communicate through the Vice-Chancellor to the1[Visitor] such action, if any, as it is proposed to take or has been taken upon the result of such inspection or inquiry.

(5) Where the5[Executive Council] does not, within reasonable time, take action to the satisfaction of the1[Visitor], the1[Visitor] may, after considering any explanation furnished or representation made by the5[Executive Council], issue such directions as he may think fit, and the5[Executive Council] shall comply with such directions.

6[ ** * * * ]

7[(6) Without prejudice to the foregoing provisions of the section, the Visitor may, by order in writing annul any proceeding of the University which is not in conformity with this Act, the Statutes or the Ordinances;

Provided that before making any such order, he shall call upon the University to show cause why such an order should not be made, and, if any cause is shown within reasonable time, shall consider the same.]

8[(7) The visitor shall have such other powers as may be prescribed by the Statutes.]

1. Substituted for "Lord Rector" by the Aligarh Muslim University (Amdt.) Act 1951 (62 of 1951), section 10 (3-11-1951).

2. Inserted by the Aligarh Muslim University (Amdt.) Act (34 of 1972), section 10 (17-6-1972).

3. Certain words were omitted by the Aligarh Muslim University (Amdt.) Act 1951 (62 of 1951), section 10 (3-11-1951).

4. Substituted for sub-section (2A) by the Aligarh Muslim University (Amdt.) Act (34 of 1972), section 10 (17-6-1972).

5. Substituted for "Court" by the Aligarh Muslim University (Amdt.) Act (34 of 1972), section 10 (17-6-1972).

6. Sub-section (6) inserted by A.O. 1937 was repealed by A.C.A.O., 1948.

7. Inserted by the Aligarh Muslim University (Amdt.) Act (62 of 1951), section 10.

8. Sub-section (7) inserted by the Aligarh Muslim University (Amdt.) Act (34 of 1972), section 10 (17-6-1972).