Year : 1920
ARRANGEMENT OF SECTIONS
1. Short title and commencement.
The Visiting Board
Officers of the University
20C. The Finance Officer.
Authorities of the University
Statutes, Ordinances And Regulations
Admission And Examinations
Annual Report And Accounts
36A. Procedure of appeal and arbitration in disciplinary cases against students. 36B. Right to appeal.
ACT NO. 40 OF 1920
[14th September, 1920.]
WHEREAS it is expedient to 1*** incorporate a teaching and residential Muslim University at Aligarh, and to dissolve the Societies registered under the Societies Registration Act, 1860 (21 of 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. Short title and commencement.—(1) This Act may be called the Aligarh Muslim University Act, 1920.
4[Official Gazette], appoint.
5 [2. Definitions.— In this Act and in all Statutes made hereunder, unless the context otherwise requires,—
6 [(hh) “non-teaching staff” means the employees of the University other than the teachers;]
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(k) “Teachers” means Professors, Readers, Lectures 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;
5. Subs. by Act 34 of 1972, s. 2, for section 2 (w.e.f, 17-6-1972).
6. Ins. by Act 62 of 1981, s. 3 (w.e.f. 10-2-1982).
1[(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.]]
2 [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.]
4[(b) to promote the study of the religions, civilisation and culture of India;]
5[(c) to promote especially the educational and cultural advancement of the Muslims Muslims of India;]
1. Subs. by Act 62 of 1981, s. 3, for clause (l) (w.e.f. 10-2-1982).
2. Subs. by Act 34 of 1972, s. 3, for section 3 (w.e.f. 17-6-1972).
3. Clause (2) relettered as sub-clause (a) thereof by Act 34 of 1972. s. 4 (w.e.f. 17-6-1972). 4. Ins. by s. 4, ibid. (w.e.f. 17-6-1972).
5. Ins. by Act 62 of 1981, s. 4 (w.e.f. 10-2-1982).
1[(3) to hold examinations and to grant diplomas or certificates to, and confer degrees and other academic distinctions on, persons subject to such conditions as the University may determine and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;]
(4) to confer honorary degrees or other distinctions 2*** in the manner laid down inthe Statutes;
3[(5) to provide instruction for such persons who are not members of the University, as the University may determine;]
4[(7A) to appoint persons working in any other University, institution or organisation as teachers of the University for a specified period;]
9[studentships], exhibitions and prizes in accordance with the statutes and the Ordinances;
10[(9) to institute and maintain Halls for the students of the University;]
4[(9A) to establish within a radius of twenty-five kilometres of the University Mosque such Special Centres, Specialised Laboratories or other units for research and instruction as are, in the opinion of the University, necessary for the furtherance of its objects;]
9[(11A) to make special arrangements in respect of the residence, discipline and teaching of women students;
(11B) to create administrative, ministerial and other 12*** posts and to make appointments thereto
8[and determine their conditions of service in accordance with the Statutes;]
4[(11C) to regulate and enforce discipline among the employees of the University 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 the property of the University, money for the purposes of the University;
(11F) to declare a Department of Studies to be an autonomous Department; and]
1. Subs. by Act 34 of 1972, s. 4, for clause (3) (w.e.f. 17-6-1972).
2. The words “on approved persons” omitted by Act 62 of 1951, s. 3. 3. Subs. by Act 34 of 1972. s. 4, for clause (5) (w.e.f. 17-6-1972).
4. Ins. by s. 4, ibid. (w.e.f. 17-6-1972).
8. Added by Act 62 of 1981, s. 4 (w.e.f. 10-02-1982).
9. Ins. by .Act 62 of 1951, s. 3.
10. Subs. by Act 62 of 1981, s. 4, for clause (9) (w.e.f. 10-02-1982).
6[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.]
1951), s. 6.
8[11. Teaching in the University.— All recognised teaching for the purpose of University degrees, diplomas and certificates shall be conducted 9 [under the supervision of the Academic Council and in accordance with the Statutes and Ordinances].]
6. Subs. by Act 62 of 1981, s. 5, for section 8 (w.e.f. 10-2-1982).
7. Ins. by Act 34 of 1972, s. 6 (w.e.f. 17-6-1972).
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].
12A. [Power to recognise colleges and institutions.] Rep. by the Aligarh Muslim University (Amendment) Act, 1972 (34 of 1972), s. 9 (w.e.f. 17-6-1972).
13. The Visitor.—(1) The 4[President] shall be the 1[Visitor] of the University.
5[the administration or finances of] the University 6***.
7[(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 entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry.]
9[(6) 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, shall consider the same.]
6. The words “with the university” omitted by Act 62 of 1951, s. 10 7. Subs. by Act 34 of 1972, s. 10, for sub-section (2A) (w.e.f. 17-6-1972). 8. Subs. by s. 10, ibid., for “Court” (w.e.f. 17-6-1976).
1[( 7) The Visitor shall have such other powers as may be prescribed by the Statutes.]
The Visitng Board
Act, 1951 (62 of 1951), s. 11.
Officers Of The University
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5[(3A) The Pro-Vice-Chancellor, if any; 6[ 7[(3B) The Honorary Treasurer;] 8[(3C)] The Registrar;
8[(3D)] The Finance Officer;]
8[(3E)] The Deans of the Faculties; and]
9[(4)] Such other officers as may be declared by the Statutes to be officers of the University.
10[17. The Chancellor.—11[(1) The Chancellor of the University shall be elected by the Court in such manner and for such term as may be prescribed by the Statutes.]
12[18. The Pro-Chancellor. —13[(1) The Pro-Chancellor shall be elected by the Court in such manner and for such term as may be prescribed by the Statutes.]
(2)The Pro-Chancellor shall, in the absence of the Chancellor, preside over the convocations of the University held for conferring degrees.]
14[19. The Vice-Chancellor.—(1) The Vice-Chancellor shall be appointed by the Visitor in such manner as may be prescribed by the Statutes.
1. Ins. by Act 34 of 1972, s. 10 (w.e.f. 17-6-1972).
6. Subs. by Act 34 of 1972, s. 12, for clauses (B) and (C) (w.e.f. 17-6-1972).
7. Ins. by Act 62 of 1981, s. 6 (w.e.f. 10-2-1982).
10. Subs. by Act 34 of 1972, s. 13, for section 17 (w.e.f. 17-6-1972).
11. Subs. by Act 62 of 1981, s. 7, for sub-section (1) (w.e.f. 10-2-1982).
12. Subs. by Act 34 of 1972, s. 14, for section 18 (w.e.f. 17-6-1972).
13. Subs by Act 62 of 1981, s. 8, for sub-section (1) (w.e.f. 10-2-1982). 14. Subs. by Act 34 of 1972, s. 15, for section 19 (w.e.f. 17-6-1972).
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 Vice-Chancellor under this sub-section shall have the right to appeal against such action to the Executive Council within three months from the date on which decision on such action is communicated to him and thereupon the Executive Council may confirm, modify or reverse the action taken by the Vice-Chancellor.
1[20. The Pro-Vice-Chancellor.—The 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.
2[20A. The Honorary Treasurer.—(1) The Honorary Treasurer shall be elected by the Court in. such manner and for such term as may be prescribed by the Statutes.
(2) The Honorary Treasurer shall exercise such powers and perform such functions as may be prescribed by the Statutes.]
3 [20B.] The Registrar.—(1) The Registrar shall be appointed in such manner as may be prescribed by the Statutes.
(2) The 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.
4[20C.] The Finance Officer.—The Finance Officer shall be appointed in such manner and. shall exercise such powers and perform such duties as may be prescribed by the Statutes.]
5[21. Powers of other officers.—The powers of officers other than the Chancellor, the Pro-Chancellor, the Vice-Chancellor, the Pro-Vice-Chancellor, 6[the Honorary Treasurer,] the Registrar and the Finance Officer shall be prescribed by the Statutes.]
Authorities Of The University
1. Ins. by Act 34 of 1972, s. 16, (w.e.f. 17-6-1972). Earlier section 20 was rep. by Act 11 of 1945, s. 3 (w.e.f. 4-9-1945).
2. Ins. by Act 62 of 1981, s. 9 (w.e.f. 10-2-1982).
6. Ins. by Act 62 of 1981, s. 10 (w.e.f. 10-2-1982).
9. Ins. by Act 62 of 1981, s. 11 (w.e.f. 10-2-1982).
(3B) The Faculties, 1[and]]
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3[23. The Court.—(1) The Court shall consist of the Chancellor, the Pro-Chancellor, the Vice-Chancellor and the Pro-Vice-Chancellor (if any), for the, time being, and such other persons as may be specified in the Statutes.
(2) The constitution of the Academic Council and the term of office of its members and its powers and duties shall be prescribed by the Statutes.
8[26A. Disqualifications for membership.—A person shall be disqualified for being chosen as, and and for being, a member of any of the authorities of the University if he is not a citizen of India.]
Statutes, Ordinances and Regulations
9[27. Power to make Statutes.—Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:—
1. Ins. by Act 62 of 1981, s. 11 (w.e.f. 10-2-1982).
2. Clause (3C) omitted by s. 11, ibid. (w.e.f. 10-2-1982). 3. Subs. by s. 12, ibid., for s. 23 (w.e.f. 10-2-1982).
9. Subs. by Act 34 of 1972, s. 23, for section 27 (w.e.f. 17-6-1972).
2[(c) the manner of election of appointment, as the case may be, of the Chancellor, the Pro-Chancellor, the Vice-Chancellor and other officers of the University;]
3[28. Statutes.—(1) On the commencement of the Aligarh Muslim University (Amendment) Act, 1981 (62 of 1981), the Statutes in force immediately before such commencement, as amended by that Act, shall be the Statutes of the University.
Provided that the Executive Council shall not propose the draft of any Statute or of any amendment of a 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 upon the proposal and any opinion so expressed shall be considered by the Court.
3. Subs. by Act 62 of 1981, s. 16, for section 28 (w.e.f. 10-2-1982).
1[29. Power to make Ordinances.—(1) Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely:—
2[(g) the remuneration to be paid to the examiner, moderator, invigilator and tabulator;]
4[(m) the establishment of Centres of Study, Boards of Study, Inter-Disciplinary Committees, Special Centres, Specialised Laboratories, Committees on Advanced Study and Research, Committees of Department and Centres, Admission Committees, Examination Committee, Boards of Residence and Halls, Discipline Committee, Cultural Committee, Social Service Committee, Games Committee and Student's Advisory Committees;
5 [(2) The Ordinances in force immediately before the commencement of the Aligarh Muslim University (Amendment) Act, 1972 (34 of 1972), may be amended, repealed or added to at any time by the Executive Council, provided that—
(i) in making the Ordinances in respect of the matters enumerated in sub-section (1) other than those enumerated in clauses (k) and (p), the Executive Council shall act on the recommendation of the Academic Council.
6* * * * *]
1. Subs. by Act 62 of 1951, s. 21, for sections 29 and 30.
2. Subs. by Act 34 of 1972, s. 25, for clause (g) (w.e.f. 17-6-1972).
6. Clause (ii) omitted by Act 62 of 1981, s. 17 (w.e.f. 10-2-1982).
(3) The Executive Council shall not have power to amend any draft proposed by the Academic Council under the provisions of sub-section (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 amendments which the Executive Council may suggest.
1[ 2[(4) Where the Executive Council has rejected or returned the draft of an Ordinance proposed by the Academic Council, the Academic Council may consider the question afresh and in case the original draft is re-affirmed by a majority of not less than. two-thirds of the members present and voting and more than half the total number of members of the Academic Council, the draft may be sent back to the Executive Council which shall either adopt it or refer it to the Visitor whose decision shall be final.
(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 meetings.
3[(3) The Executive Council may direct the amendment, in such manner as it may specify, of any Regulation made under this section other 4[than any Regulation made by the Court] or the annulment of any such Regulation:
5[(4) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official Gazette.
(5) Every statute, Ordinance or Regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session or the successive sessions aforesaid, both houses agree in making, any modification in the Statute, Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regulation shall thereafter have effect only in such modified form or, be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under the Statute, Ordinance or Regulation.]
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1. Subs. by Act 19 of 1965, s. 4, for sub-sections (4), (5), (6) and (7).
2. Subs. by Act 34 of 1972, s. 25, for sub-sections (4), (5) and (6) (w.e.f. 17-6-1972).
3. Ins. by Act 62 of 1951, s. 22.
4. Ins. by Act 62 of 1981, s. 18 (w.e.f, 10-2-1982).
Admission And Examinations
.32. [Admission to the University.] Rep. by the Aligarh Muslim University (Amendment) Act, 1951 (62 of 1951), s. 23.
33. Examinations.—(1) All arrangements for the conduct of examinations shall be made, and all examiners shall be appointed by 1 [the Executive Council on the recommendation of the Academic Council].
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(3) The Academic Council shall appoint examination committees, consisting of members of its own body or of other persons or of both, as it thinks fit, to moderate examination question, 3[and to prepare and publish] the results of the examinations 4***
Annual Report and Accounts
5[34. Annual report.—(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 after such date as may be prescribed by the Statutes and the Court shall consider the Report in its annual meeting.
(2) The Court shall submit the Annual Report to the Visitor and also to the Chancellor along with its comments, if any.]
6[(3) A copy of the Annual Report as submitted to the Visitor shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both Houses of Parliament.]
7[35. Annual accounts.—(1) The annual accounts and balance sheet of the University shall be prepared under the direction of the Executive Council and shall, once at least every year and at intervals of not more than fifteen months, be audited by the Comptroller and Auditor-General of India or by such person or persons as he may authorise in this behalf.
36. Conditions of service of employees.—(1) Every 8 [employee] of the University shall be appointed on a written contract, which shall be lodged with the University and a copy of which shall be furnished to the 9[employee] concerned.
5. Subs. by Act 34 of 1972. s. 26, for s. 34 (w.e.f. 17-6-1972).
6. Ins. by Act 62 of 1981, s. 19 (w.e.f. (10-2-1982).
7. Subs. by s. 20, ibid. (w.e.f. 10-2-1982).
(2) Any dispute arising out of a contract between the University and any of its 1[employees] shall, at the request of the 1[employee] concerned be referred to a Tribunal of Arbitration consisting of one member appointed by the Executive Council, one member nominated by the 1[employee] concerned and an umpire appointed by the 2[Visitor]. The decision of the Tribunal shall be final, and no suit shall lie in any Civil Court in respect of the matters decided by the Tribunal. Every such request shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Indian Arbitration Act, 18993 (9 of 1899) , and all the provisions of that Act, with the exception of section 2 thereof shall apply accordingly.
4[36A. Procedure of appeal and arbitration in disciplinary cases against students.—(1) Any student or candidate for an examination whose name has been removed from the rolls of the University by the orders or resolution of the Vice-Chancellor, Discipline Committee or Examination Committee, as the case may be, and who has been debarred from appearing at the examinations of the University for more than a year, may, within ten days of the date of receipt of such order or copy of such resolution by him, appeal to the Executive Council and the Executive Council may confirm, modify or reverse the decision of the Vice-Chancellor or the Committee, as the ease may be.
(2) Any dispute arising out of any disciplinary action taken by the University against a student shall at the request of such student, be referred to a Tribunal of Arbitration and the provisions of sub-section
(2) of section 36 shall, as far as may be, apply to the reference made under this sub-section.
36B. Right to appeal.—Every employee or student of the University shall, notwithstanding anything contained in this Act, have a right to appeal, within such time as may be prescribed by the Statutes, to the Executive Council against the decision of any officer or authority of the University and thereupon the Executive Council may confirm, modify or reverse the decision appealed against.]
(2) Where such provident or pension fund has been so constituted, the 6[Central Government] may declare 7that the provisions of the Provident Funds Act, 8 (19 of 1925), shall apply to such fund, as as if it were a Government provident fund.
(2) 10*** 11*** casual vacancies in 12[any office or in any authority] shall be filled up by the authority which has power to appoint to the office or authority 13***.
8. Subs. by Act 62 of 1951, s. 27, for “1897”.
1[40. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against any officer or employee of the University for anything which. is in good faith done or intended to be done in pursuance of the provisions of this Act, Statutes or Ordinances.
41. Mode of proof of University record.—A copy of any receipt, application, notice, order, proceeding, resolution of any authority or Committee of the University or other documents in possession of the University or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding or resolution, document or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), or in any other law for the time being in force.]
THE SCHEDULE.—For the Statutes of the University see University Calendar.
9. Ins. by Act 34 of 1972, s. 31 (w.e.f. 17-6-1972).