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JAMIAMILLIAISLAMIA ACT

Ministry of Law and Justice

Act nº 58 of 1988


  • Schedules
  • Act nº 58 of 1988

Preamble

THE JAMIA MILLIA ISLAMIA ACT, 1988

[Act, No. 58 of 1988]

[8th October, 1988]

PREAMBLE

An Act to establish and incorporate a teaching University in the Union territory of Delhi and to provide for matters connected therewith or incidental thereto.

WHEREAS it is expedient to establish and incorporate a teaching University at New Delhi, to dissolve the "Jamia Millia Islamia Society, Delhi", a society registered under the Societies Registration Act, 1860 and to transfer to and vest in the said University all properties and rights of the said Society;

BE it enacted by Parliament in the Thirtyninth year of the Republic of India as follows:--

Section 1. Short title and commencement

(1) This Act may be called the Jamia Millia Islamia Act, 1988.

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

1. 26-12-88.


Section 2. Definitions

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

(a) "academic staff" means such categories of staff as are designated as academic staff by the Ordinances;

(b) "Amir-i-Jamia (Chancellor) and "Shaikh-ul-Jamia (Vice-Chancellor)" Mean, respectively, the Amir-i-Jamia (Chancellor) and Shaikh-ul-Jamia (Vice-Chancellor) of the University;

(c) "Anjuman (Court)" means the Anjuman (Court) of the University;

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

(e) "Department" means a Department of Studies, and includes a Centre of Studies and Research;

(f) "employee" means any person appointed by the University and includes teachers and other staff of the University;

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

(h) "Hall" means a unit of residence or of corporate life for the students of the University;

(i) "Institution" means an Academic Institution, established or maintained by the Univarsity;

(j) "Majlis-i-Muntazimah (Executive Council)" means the Majlis-i-Muntazimah (Executive Council) of the University;

(k) "Majlis-i-Talimi (Academic Council)" means the Majlis-i-Talimi (Academic Council) of the University;

(l) "Principal" means the head of an Institution. School or Polytechnic and includes where there is no Principal, the person for the time being duly appointed to act as Principal, and, in the absence of the Principal or acting Principal, a Vice-Principal duly appointed as such;

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

(n) "teachers of the University" means Professors, Readers, lecturer and such other persons as may be appointed for imparting instruction or conducting research in the University and are designated as teachers by the Ordinances;

(o) "University" means the educational institution known as "Jamia Millia Islamia" founded in 1920 during the Khilafat and Non-Co-operation Movements in response to Gandhiji's call for a boycott of all Government sponsored educational institutions which was subsequently registered in 1939 as Jamia Millia Islamia Society, and declared in 1962 as an institution deemed to be a University under Section 3 of the University Grants Commission Act, 1956, and which is incorporated as a University under this Act.

Section 3. The University

(1) There shall be established a University by the name of the Jamia Millia Islamia.

(2) The headquarters of the University shall be at New Delhi.

(3) The persons holding office as Amir-i-Jamia (Chancellor) and Shaikh-ul-Jamia (Vice-Chancellor) and the members of the Anjuman (Court), the Majlis-i-Muntazimah (Executive Council) and the Majlis-i-Talimi (Academic Council) of the University, for the time being, shall be a body corporate by the name of the Jamia Millia Islamia and shall have perpetual succession and a common seal and shall sue and be sued by that name.

Section 4. Dissolution of the Jamia Millia Islamia Society and transfer of all property to the University

On and from the commencement of this Act,--

(i) the Society known as the Jamia Millia Islamia Society, Delhi, shall be dissolved, and all property, movable or immovable, and all rights, powers and privileges of the said Society shall be transferred to and vest in the University and shall be applied to the objects and purposes for which the University is established;

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

(iii) all references in any enactment to the said Society shall be construed as references to the University;

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

(v) subject to any orders which the Majlis-i-Muntazimah (Executive Council) may make, the buildings which belonged to the Jamia Millia Islami, Delhi, shall continue to be known and designated by the names and style as 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 Jamia Millia Islamia, Delhi, shall hold such employment in the University by the same tenure and on the same terms and conditions and with the same rights and privileges as to pension and gratuity as he would have held under the Jamia Millia Islamia, Delhi, if this Act had not been passed.

Section 5. Objects of the University

The objects of the University shall be to disseminate and advance knowledge by providing instructional, research and extension facilities in such branches of learnings as it may deem fit and the University shall endeavour to provide to students and teachers the necessary atmosphere and facilities for the promotion of --

(i) innovations in education leading to restructuring of courses, new methods of teaching and learning, and integral development of personality;

(ii) studies in various disciplines;

(iii) inter-disciplinary students;

(iv) national integration, secularism and international understanding,

Section 6. Powers of the University

The University shall have the following powers, namely:--

(i) to provide for instruction in such branches of learning as the University may, from time to time, determine and to make provisions for research and for the advancement and dissemination of knowledge;

(ii) to promote the study of the religions, philosophy and culture of India;

(iii) to grant, subject to such conditions as the University may determine, diplomas or certificates to, and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing, on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;

(iv) to organise and to undertake extramural studies, extension services and other measures for the promotion of adult education;

(v) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes;

(vi) to provide, instruction, including correspondence and such other courses, to such persons as are not members of the University, as it may determine;

(vii) to institute Principalships, Professorships, Readerships, Lecturerships and other teaching or academic posts required by the University and to appoint persons to such Principalships, Professorships, Readerships, Lecturerships or other posts;

(viii) to create administrative, ministerial and other posts and to make appointments thereto;

(ix) to appoint persons working in any other University or organisation as teachers of the University for a specified period;

(x) to co-operate, collaborate or associate with any other University or authority or institution in such manner and for such purposes as the University may determine;

(xi) to establish and maintain Schools, Institutions and such Centres, Specialised Laboratories or other units for research and instructions as are, in the opinion of the University, necessary for the furtherance of its objects;

(xii) to institute and award fellowships, scholarships, studentships, medals and prizes;

(xiii) to establish and maintain Halls for the students of the University;

(xiv) 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;

(xv) to declare a Centre, an Institution, a Department, a School as an autonomous Centre, Institution, Department or School, as the case may be, in accordance with the Statutes;

(xvi) to determine standards for admission into the University, which may include examination, evaluation or any other method of testing;

(xvii) to demand and receive payment of fees and other charges;

(xviii) to supervise the residences of the students of the University and to make arrangements for promoting their health and general welfare;

(xix) to make special arrangements in respect of woman students as the University may consider desirable;

(xx) to regulate and enforce discipline among the employees and students of the University and take such disciplinary measures in this regard as may be deemed by the University to be necessary;

(xxi) to make arrangements for promoting the health and general welfare of the employees of the University;

(xxii) to receive donations and to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties for the purposes of the University;

(xxiii) to borrow, with the approval of the Central Government, on the security of the property of the University, money for the purposes of the University;

(xxiv) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the University.

Section 7. University open to all classes, castes and creed

The University shall be open to persons of either sex and of whatever race, creed, caste or class, and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be admitted therein as a teacher or student, or to hold any office therein or to graduate thereat:

Provided that nothing in this section shall be deemed to prevent the University from making appropriate provisions for reservation for the Scheduled Castes, the Scheduled Tribes, the physically handicapped persons and women.

Section 8. The Visitor

(1) The President of India shall be the Visitor of the University.

(2) The Visitor shall have the right to cause an inspection to be made by such person or persons as he may direct, of the University, its buildings, laboratories and equipment, and of any Centre, Department, Institution or School 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 with the administration or finances of the University, Centre, Department or Institution or School.

(3) The Visitor shall, in every case, give notice to the University of his intention to cause an inspection or inquiry to be made, and the University shall, on receipt of such notice, have the right to make, within thirty days from the date of receipt of the notice or such other period as the Visitor may determine, such representations to the Visitor, as it may consider necessary.

(4) After considering the representations, 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).

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

(6) The Visitor may, if the inspection or inquiry is made in respect of the University or any Centre, Department, Institution or School maintained by it, address the Shaikh-ul-Jamia (Vice-Chancellor) with reference to the result of such inspection or inquiry, and the Shaikh-ul-Jamia (Vice-Chancellor) shall communicate to the Majlis-Muntazimah (Executive Council) the views of the Visitor with such advice as the Visitor may offer upon the action to be taken thereon.

(7) Where the Majlis-Muntazimah (Executive Council) does not, within a reasonable time, take action to the satisfaction of the Visitor, the Visitor, may, after considering any explanation furnished or representation made by the Majlis-i-Muntazimah (Executive Council) issue such directions as he may think fit and the Majlis-i-Muntazimah (Executive Council), shall comply with such directions.

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

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

(9) The Visitor shall have such other powers as may be prescribed by the Statutes.

Section 9. Officers of the University

The following shall be the officers of the University :--

(i) the Amir-i-Jamia (Chancellor);

(ii) the Shaikh-ul-Jamia (Vice-Chancellor);

(iii) the Naib Shaikh-ul-Jamia (Pro-Vice-Chancellor);

(iv) the Musajjil (Registrar);

(v) the Deans of Faculties;

(vi) the Dean of Students Welfare;

(vii) the Finance Officer; and

(viii) such other officers as may be declared by the Statutes to be officers of the University.

Section 10. The Amir-i-Jamia (Chancellor)

(1) The Amir-i-Jamia (Chancellor) shall be elected by the Anjuman (Court) in such manner as may be prescribed by the Statutes.

(2) The Amir-i-Jamia (Chancellor) shall, by virtue of his office, be the Head of the University.

(3) The Amir-i-Jamia (Chancellor) shall, if present, preside at the Convocation of the University held for conferring degrees,

Section 11. The Shaikh-ul-Jamia (Vice-Chancellor)

(1) The Shaikh-ul-Jamia (Vice-Chancellor) shall be appointed by the Visitor in such manner as may be prescribed by the Statutes.

(2) The Shaikh-ul-Jamia (Vice-Chancellor) shall be the principal executive and academic officer of the University, and shall exercise general supervision and control over the affairs of the University and give effect to the decision of all the authorities of the University.

(3) The Shaikh-ul-Jamia (Vice-Chancellor) may, if he is of opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall report to such authority the action taken by him on such matter :

Provided that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the matter to the Visitor whose decision thereon shall be final:

Provided further that any person in the service of the University who is aggrieved by the action taken by the Shaikh-ul-Jamia (Vice-Chancellor) under this sub-section shall have the right to appeal against such action to the Majlis-i-Muntazimah (Executive Council) within three months from the date on which decision on such action is communicated to him and thereupon the Majlis-i-Muntaiimah (Executive Council) may confirm, modify or reverse the action taken by the Shaikh-ul-Jamia (Vice-Chancellor).

(4) The Shaikh-ul-Jamia (Vice-Chancellor) shall exercise such other powers and perform such other functions as may be prescribed by the Statutes or Ordinances.

Section 12. The Naib Shaikh-ul-Jamia Pro-Vice-Chancellor

The Naib Shaikh-ul-Jamia (Pro-Vice-Chancellor) shall be appointed in such manner, and shall exercise such powers and perform such duties as may be prescribed by the Statutes.

Section 13. The Musajjil (Registrar)

(1) The Musajjil (Registrar) shall be appointed in such manner as may be prescribed by the Statutes.

(2) The Musajjil (Registrar) shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University and shall exercise such other powers and perform such other duties as may be prescribed by the Statutes.

Section 14. Deans of Faculties

Every Dean of a faculty shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.