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An Act to establish and incorporate a university in Delhi.
Be it enacted by Parliament in the Seventeenth Year of the Republic of India as follows:―
Short title and commencement
(1) This Act may be called the Jawaharlal Nehru University Act, 1966.
(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
Definitions
In this Act, unless the context otherwise requires,―
(a) “College” means a college maintained by the University;
(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 University;
(d) “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;
(f) “University” means the Jawaharlal Nehru University.
The University
(1) There shall be constituted in the Union territory of Delhi a University by the name of “Jawaharlal Nehru University”.
(2) The first Chancellor and the first Vice-Chancellor of the University 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 of “Jawaharlal Nehru University”.
(3) The University shall have perpetual succession and a common seal, and shall sue and be sued by the said name.[1]
Objects
The objects of the University shall be to disseminate and advance knowledge, wisdom
and understanding by teaching and research and by the example and influence of its corporate life and in particular the objects set out in the First Schedule.
Powers of the University
The University shall have the following powers, namely:―
(1) to provide for instruction including the method of correspondence courses in such branches of learning as the University may from time to time determine, and to make provision for research and for the advancement and dissemination of knowledge;
(2) to establish within the Union territory of Delhi or outside that territory such Special Centres and Specialised Laboratories 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;
(4) to hold examinations and grant diplomas or certificates to, and confer degrees and other academic distinctions on, persons and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;
(5) to confer honorary degrees or other academic distinctions in the manner laid down in the Statutes;
(6) to create such teaching, administrative and other posts as the University may deem necessary, from time to time, and to make appointments thereto;
(7) to appoint or recognise persons as Professors, Readers or Lecturers or otherwise as teachers of the University;
(8) to institute and award Fellowships, Scholarships, Exhibitions and prizes;
(9) to establish and maintain Colleges and Halls, to recognise, guide, supervise and control Halls not maintained by the University and other accommodation for students, and to withdraw any such recognition;
(10) to regulate and enforce discipline among students and employees of the University and to take such disciplinary measures in this regard as may be deemed necessary;
(11) to make arrangements for promoting health and general welfare of students and employees of the University;
(12) to determine and provide for examinations for admission into the University;
(13) to recognise for any purpose, either in whole or in part, any institution or members or students thereof on such terms and conditions as may, from time to time, be prescribed and to withdraw such recognition;
(14) to co-operate with any other University, authority or association or any other public or private body having in view the promotion of purposes and objects similar to those of the University for such purposes as may be agreed upon, on such terms and conditions as may, from time to time, be prescribed;
(15) to enter into any agreement for the incorporation in the University of any other institution and for taking over its rights, properties and liabilities and for any other purpose not repugnant to this Act;
(16) to demand and receive payment of such fees and other 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 funds 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;
(19) to provide for the printing, reproduction and publication of research and other work which may be issued by the University;
(20) to borrow, with the approval of the Central Government, on the security of the University property, money for the 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.
Jurisdiction of the University
(1) The jurisdiction of the University shall extend to all Colleges and recognised institutions.
(2) Notwithstanding anything contained in clause (13) of section 5, the Jawaharlal Nehru University shall not grant recognition, either in whole or in part, to any institution which has already been recognised by the University of Delhi unless the Central 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 such recognition cease to have jurisdiction over that institution.
Powers and Jurisdiction in respect of institution or body outside the Union territory of Delhi
Notwithstanding anything contained in section 5,―
(a) where any institution or body established outside the Union territory of Delhi seeks
recognition from the University, or
(b) where the University establishes and maintains any 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
(ii) the rules and regulations of the University within whose jurisdiction, the said institution or body is situated.
Visitor
(1) The President of India shall be the Visitor of the University.
(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, after obtaining the views of the Executive Council thereon, take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and 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 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 respect of any matter connected with the University.
(4) 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 be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry.
(5) The Visitor may address the Vice-Chancellor with reference to the result of such inspection and inquiry, and the Vice-Chancellor shall communicate to the Executive Council the views of the Visitor with such advice as the Visitor may offer upon the action to be taken thereon.
(6) The Executive Council shall communicate through the Vice-Chancellor to the Visitor such action, if any, as it is proposed to take or has been taken upon the result of such inspection or inquiry.
(7) Where the 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 Executive Council, issue such directions as he may think fit and the Executive Council shall be bound to comply with such directions.
(8) 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.
(9) The Visitor shall also have such other powers as may be prescribed by the Statutes.
Officers of the University
(1) There shall be a Chancellor appointed in the manner prescribed by the Statutes who shall be the Head of the University.
(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 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 convocation for conferring degrees and also at any meeting of the Court.
(4) There shall be one or more Rectors who shall be appointed in such manner and with such powers and duties as may be prescribed by the Statutes.
(5) There shall be a Dean for each School of Study who shall be appointed in such manner and with such powers and duties as may be prescribed by the Statutes.
(6) 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 as may be prescribed by the Statutes.
(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 the Statutes.
Authorities of the University
The authorities of the University shall be the Court, the Executive Council, the Academic Council, the Schools of Studies, the Finance Committee and such other authorities as may be declared by the Statutes to be authorities of the University.
The Court
(1) The Court shall be the supreme authority of the University, 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 acts of the Executive Council and the Academic Council (save when these authorities have acted in accordance with the powers conferred upon them under this Act, the Statutes or the Ordinances) and shall exercise all the powers of the University not otherwise provided for by this Act or the Statutes:
Provided that the power of review under this sub-section shall not be exercised except by a majority of the total membership of the Court and by a majority of not less than two-thirds of the members of the Court present and voting.
The Executive Council
(1) The Executive Council shall be the executive body of the University, and its constitution and the terms of office of its members, other than ex officio members,
shall be prescribed by the Statutes.
(2) It shall be in charge of the general management and administration (including the revenue and property) of the University.
The Academic Council
(1) The Academic Council shall be the academic body of the University, and its constitution and the terms of office of its members, other than ex officio members, shall be prescribed by the 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 shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes.
The Academic Advisory Committee
(1) There shall be constituted an Academic Advisory
Committee 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 the University.
(2) The Committee shall consist of―
(a) not more than seven persons of high academic standing who shall be appointed in such manner as may be prescribed by the statutes, and
(b) the Vice-Chancellor.
(3) The Visitor may determine a date with effect from which the Academic Advisory Committee shall stand dissolved.
Statutes
Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:—
(a) the constitution, powers and duties of the authorities and other bodies of the University, the qualifications and disqualifications for membership of such authorities and other bodies, appointment and removal of members thereof and other matters connected therewith;
(b) the appointment, powers and duties of the officers of the University;
(c) the appointment, terms and conditions of service and the powers and duties of the employees of the University;
(d) the terms and conditions under which institutions may be associated with the University;
(e) the administration of the University, the establishment and abolition of Colleges, institutions and Halls, the 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 and certificates;
(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.
Statutes, how made
(1) The first Statutes are those set out in the Second Schedule.
(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 Statute or any amendment of a Statute affecting the status, powers or constitution 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 Council affecting the discipline of students, and standards of instruction, education and examination except after consultation with the Academic Council.
(3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the approval of the Visitor who may assent thereto or withhold assent on 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.
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:―
(a) the admission of students, the courses of study and the fees 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 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 is 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 the Ordinances so made may be amended, repealed or added to at any time by the Executive Council in the manner prescribed by the Statutes.
Regulations
[(1)] The authorities of the University may make Regulations consistent 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 the manner prescribed by the Statutes.
[(2) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official Gazette.
(3) 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 immediately following 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 should not be made, 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 that Statute, Ordinance or Regulation.]
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 before such date as may be prescribed by the Statutes and shall be considered by the Court at its annual meeting.
(2) The Court may communicate its comments thereon to the Executive Council.
[(3) A copy of the annual report, as prepared under sub-section (1), 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.]
Audit of accounts
(1) The accounts of the University shall, once at least in every year and at intervals of not more than fifteen months, be audited by the Comptroller and Auditor-General of India, or any person authorised by him in this behalf.[2]
(2) The accounts, when audited shall be published in the Gazette of India, and a copy of the accounts together with the audit report shall be submitted by the Registrar to the Visitor and to the Court.
[(3) A copy of the accounts, together with the audit report, 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.]
Disputes as to the constitution of University authorities and bodies
If any question arises whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Visitor whose decision thereon shall be final.
Constitution of committees
Where any authority of the University is given power by this Act or the Statutes to appoint committees, such committees shall, save as otherwise provided, consist of members of the authority concerned and of such other persons (if any) as the authority in each case may think fit.
Filling of casual vacancies
All casual vacancies among the members (other than ex officio members) of any authority or other body of the University shall be filled, as soon as conveniently may be, by the person or body who appointed, elected or co-opted the member whose place has become vacant, and the person appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.
Proceedings of the University authorities and bodies not invalidated by vacancies
No act or proceedings of any authority or other body of the University shall be invalidated merely by reason of the existence of a vacancy or vacancies among its members.
Removal of difficulties
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 provisions not inconsistent with the purposes of this Act, as appear to it to be necessary or expedient for removing the difficulty.
26. Transitional provisions
Notwithstanding anything contained in this Act and the Statutes―
(a) the first Chancellor, members of the Court, the Executive Council and the Academic Council shall be nominated by the Visitor and shall hold office for a term of three years;
(b) the first Vice-Chancellor shall be appointed by the Visitor and he shall hold office for a term of five years.[3]
Amendment of Act 8 of 1922
In the Delhi University Act, 1922, in sub-section (2) of section 5, after the words “for the time being in force”, the words and figures “but subject to the provisions contained in the Jawaharlal Nehru University Act, 1966” shall be inserted.
THE FIRST SCHEDULE
(See section 4)
The University shall endeavour to promote the study of the principles for which Jawaharlal Nehru worked during his life-time, namely, national integration, social justice, secularism, democratic way of life, international understanding and scientific approach to the problems of society.
Towards this end, the university shall—
(i) foster the composite culture of India and establish such departments or institutions as may be required for the study and development of the languages, arts and culture of India;
(ii) take special measures to facilitate students and teachers from all over India to join the University and participate in its academic programmes;
(iii) promote in the students and teachers an awareness and understanding of the social needs of the country and prepare them for fulfilling such needs;
(iv) make special provision for integrated courses in humanities, science and technology in the educational programmes of the University;
(v) take appropriate measures for promoting inter-disciplinary studies in the University;
(vi) establish such departments or institutions as may be 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 the University.
THE SECOND SCHEDULE
[See section 16(1)]
THE STATUTES OF THE UNIVERSITY
Definitions
In these Statutes—
(a) “Act” means the Jawaharlal Nehru University Act, 1966;
(b) all words and expressions used herein and defined in the Act shall have the meanings respectively assigned to them in the Act.
Chancellor
(1) The Chancellor shall be elected by the Court and shall hold office for a term of three years:
Provided that the Chancellor shall, notwithstanding the expiration 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 (1) to the vacant office, be performed by the Vice-Chancellor.
Vice-Chancellor
(1) 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 persons 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 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, on the expiration of his term of office be ineligible for re-appointment to that office:
Provided that the Vice-Chancellor shall, notwithstanding the expiration of his term, continue to hold his office until his successor is appointed and enters upon his office.
(5) The emoluments and terms and conditions of service of the Vice-Chancellor shall be as follows—
(i) There shall be paid to the Vice-Chancellor a salary of two thousand five hundred rupees per mensem and he shall be entitled, without payment of rent, to use a furnished residence throughout his term of office and no charge shall fall on the Vice-Chancellor personally in respect of the maintenance of such residence.
(ii) The Vice-Chancellor shall not be entitled to the benefits of the University Provident Fund or to any other allowance:
Provided that where any employee of the University is appointed as Vice-Chancellor, he shall be allowed to continue to contribute to the Provident Fund and the contribution of the University shall be limited to what he had been contributing immediately before his appointment as Vice-Chancellor.
(iii) The Vice-Chancellor shall be entitled to travelling allowances at such rates as may be fixed by the Executive Council.
(iv) The Vice-Chancellor shall be entitled to leave on full pay for one-eleventh of the period spent by him on active service.
(v) The Vice-Chancellor shall also he entitled, on medical grounds or otherwise than on medical grounds, to leave without pay for a period not exceeding three months during the term of his office:
Provided that such leave may be converted into leave on full pay to the extent to which he will be entitled to leave under sub-clause (iv).
(6) Notwithstanding anything contained in clause (5), the Executive Council may, with the previous approval of the Visitor, vary the emoluments and all or any of the conditions of service of Vice-Chancellor at the time of his appointment.
(7) 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:
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 carrying on of the work of the University.
Powers and duties of Vice-Chancellor
(1) The Vice-Chancellor shall have a general responsibility for maintaining and promoting the efficiency and good order of the University.
(2) It shall be the duty of the Vice-Chancellor to see that the provisions of the Act, these Statutes, the Ordinances and the Regulations are duly observed and the decisions taken by the authorities of the University are implemented.
(3) The Vice-Chancellor shall have power to convene meetings 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.
(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 has arisen which requires immediate action to be taken, the Vice-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 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 the Executive Council.
(6) The Vice-Chancellor shall exercise such other powers as may be prescribed by the Ordinances or the Regulations.
Rector
(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 recommendation also, the Vice-Chancellor shall forward the names of both the persons aforesaid to the Visitor and the Visitor may appoint either of them or direct the Vice-Chancellor to recommend any other person to the Executive Council.
(2) A Rector shall be a whole-time salaried officer of the University.
(3) The term of office of a Rector shall be such as may be decided by the Executive Council, but it shall not in any case exceed five years. On the expiration of his term of office he shall be eligible for re-appointment.
(4) The emoluments and other terms and conditions of service of a Rector shall be prescribed by the Ordinances.
Powers and duties of Rector
(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 duties 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 whatsoever from any meeting of such body or committee, the Rector, and if there are two or more Rectors, the senior-most Rector shall preside 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 meeting of any authority, body or committee of the University but shall not be entitled to vote thereat:
Provided that if the Rector is a member of such authority, body or committee, such Rector shall have all the rights and privileges of a member thereof.
Dean of School of Studies
(1) Every Dean of a School of Studies shall be appointed by the Vice-Chancellor for a period of three years and he shall be eligible for re-appointment:
Provided that when the office of the Dean is vacant or when the 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 be responsible for the conduct and standard of teaching and research in the School. He shall have such other functions as may be prescribed 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 be, but not the right to vote thereat unless he is a member thereof.
Registrar
(1) The Registrar shall be appointed by the Executive Council and shall be a whole time salaried officer of the University.
(2) When the office of the Registrar is vacant or when the Registrar 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 Secretary of the Court, the Executive Council and the Academic Council, 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 Council shall commit to his charge;
(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 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;
(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 to impose on them the penalty of censure or the withholding of increment:
Provided that no such penalty shall be imposed unless the person concerned has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.
(b) An appeal shall lie to the Vice-Chancellor against any order of the Registrar imposing the penalty of the withholding of increment.
(c) In a case where the inquiry discloses that a punishment beyond the powers of the Registrar is called for, the Registrar shall, 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 to the Vice-Chancellor imposing the penalty of dismissal.
Finance Officer
(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 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
(b) perform such other financial functions as 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 expenditure to make any investment exceeding Rs. 10,000 without the previous approval of the Executive Council.
(4) Subject to the control of the Finance Executive Council, the Finance Officer shall—
(a) hold and manage the property and investments including trust and endowed property for furthering any of the objects of the University;
(b) see that the limits fixed by the Finance Committee for recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purposes for which they are granted or allotted;
(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;
(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, furniture and equipment are maintained up-to-date and that the stock-checking is conducted 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 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.
(5) The receipt of the Financial Officer or of the person or persons duly authorised in this behalf by the Executive Council for any money payable to the University shall be sufficient discharge for the same.
Officers of the University
(1) The following shall also be the officers of the University, namely:―
(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 the University not below the rank of Reader, by the Executive Council on the recommendation of the Vice-Chancellor; the Dean shall be a whole-time employee of the University, shall hold office for a term of 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 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 for the purpose.
(d) The duties and powers of the Dean of Students shall be 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 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.
(b) The duties and powers of the Librarian shall be regulated by the Ordinances.
The Court
(1) The Court shall consist of the following members, namely—
Ex Officio Members:
(i) The Chancellor;
(ii) The Vice-Chancellor;
(iii) The Rector or the Rectors;
(iv) The remaining members of the Executive Council who are not otherwise members of the Court;
(v) The Dean of Students;
(vi) The Chief Proctor;
(vii) The Librarian;
(viii) Vice-Chancellor, Delhi University;
(ix) Director, All-India Institute of Medical Science, New Delhi;
(x) Director, Indian Institute of Technology, New Delhi;
(xi) Director, Indian Agricultural Research Institute, New Delhi;
(xii) Director, Indian School of International Studies, New Delhi;
(xiii) 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;
(xviii) One member to be elected by the New Delhi Municipal Committee, New Delhi, from among its members;
Representatives of Education Board:
(xix) Chairman, Central Board of Secondary Education, New Delhi;
(xx) Director of Education, Delhi;
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 according to senority 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;
(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 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 Chairman may direct;
Persons representing Learned Professions, Industry, Commerce and Agriculture:
(xix) Not more than ten persons representing learned professions to be nominated by the Visitor;
(xxx) Not more than six persons representing Industry, Commerce and Agriculture to be nominated by the Visitor;
Other Nominated Members:
(xxxi) Not more than five persons to be nominated by the Visitor;
(xxxii) Not more than two persons to be nominated by the Chancellor:
Provided that in making nominations under items (xxix), (xxx), (xxxi) and (xxxii) due regard shall be had to the representation of the different interests, professions, cultures and learnings and also of the different regions of the country:
Provided further that no employee of the University or of a recognised institution shall be eligible to be a member under any of the items (xxvii) 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.
(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 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.
Meetings of the Court
(1) An annual meeting of the Court shall be held on a date fixed by the Executive Council and at such annual meetings a report of the proceedings of the Executive Council and a
report of the working of the University during the previous year together with a statement of the receipts and expenditure, the balance-sheet as audited and the budget for the next financial year shall be presented by the Executive Council and any vacancies among the officers of the University or among the members of the Court or the Executive Council which ought to be filled up by the Court shall also be filled up.
(2) A copy each of the reports together with a copy of the statement 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.
Executive Council
(1) The Executive Council shall consist of the following members, namely—
(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 according 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 institutions 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 appointment, as the case may be.
(5) Five members of the Executive Council shall form the quorum.
Powers of the Executive Council
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 recommendations of the Selection Committees constituted for the purpose, and to provide for filling temporary vacancies therein;
(ii) to fix the emoluments and define the duties and conditions of service of Professors, Readers, Lecturers and other members of the teaching staff:
Provided that no action shall be taken by the Executive Council in respect of the number, the qualifications and the emoluments of teachers otherwise than after consideration of the recommendations of the Academic Council;
(iii) to create administrative, ministerial and other necessary posts and to make appointments thereto;
(iv) to regulate and enforce discipline among the members of the teaching, administrative and ministerial staff of the University in accordance with these Statutes and the Ordinances;
(v) to manage and regulate the finances, accounts, investments, 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, including and unapplied income, in such stocks, funds, shares or securities, as it shall, from time to time, think fit or in the purchase of immovable property in India, with the like powers of varying such investments, from time to time;
(vii) (a) to accept on behalf of the University any trust, bequest, donation or transfer of any immovable property to the University; and
(b) to transfer any movable or immovable property on behalf of the University;
(viii) to provide the buildings, premises, furniture, apparatus 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 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 any other officer of the University, no appeal shall lie to the Executive Council;
(xi) to appoint examiners and moderators and if necessary, to remove them, and to fix their fees, emoluments and travelling and other allowances after consulting the Academic Council;
(xii) to select a common seal for the University and provide for the custody and use of the seal;
(xiii) to institute fellowships, scholarships, studentships, medals and prizes;
(xiv) to delegate any of its powers to the Vice-Chancellor, the Registrar or such other officer of the University or to a Committee appointed by it as it may deem fit.
Academic Council
(1) The Academic Council shall consist of the following members, namely:—
(i) The Vice-Chancellor;
(ii) The Rector or the Rectors;
(iii) The Deans of Schools of Studies;
(iv) The Dean of Students;
(v) The Chief Proctor;
(vi) The Librarian;
(vii) Such number of Heads of Departments, other than the Dean of Schools of Studies and the Principals of Colleges (by rotation according to seniority) as may be laid down in the Ordinances;
(viii) Not more than five Professors, other than the Heads of Departments, Deans of Schools of Studies and Principals of Colleges, by rotation according to seniority;
(ix) Not more than eight Principals of Colleges, other than Deans of Schools of Studies, by rotation according to seniority;
(x) Not more than eight teachers of the University elected from amongst themselves by the teachers, other than those referred to in items (iii) to (v) and (vii) to (ix);
(xi) Not more than five persons, not being employees of the University or an institution
recognised by, or associated with, the University, co-opted by the Academic Council for their special knowledge;
(xii) Such number of other persons representing institutions 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 quorum.
Powers and duties of the Academic Council
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:—
(i) to report on any matter referred to it by the Court or the Executive Council;
(ii) to make proposals to the Executive Council for the establishment of Departments, Colleges, institutions of higher learning, Special Centres, Specialised Laboratories, Libraries and Museums;
(iii) to formulate, modify or revise schemes for the organisation 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, 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 emoluments and duties attaching thereto;
(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 admission to the University;
(ix) to publish lists of prescribed or recommended textbooks and to publish the syllabuses of prescribed courses of study;
(x) to make such arrangements for the institution and examination of persons, not being members of the University, as may be necessary;
(xi) to recommend to the Executive Council draft Ordinances regarding examinations of the University and the conditions on which students should be admitted to such examinations;
(xii) to make recommendations to the Executive Council in 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 examinations and to fix dates for holding them;
(xiv) to declare the results of various University examinations, or to appoint committees or officers to do so;
(xv) to make recommendations for the conferment of honorary degrees and to confer or grant degrees, academic distinctions, honours, diplomas, licences, titles and marks of honour;
(xvi) to make proposals to the Executive Council for the 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 proper carrying out of the provisions of the Act, these Statutes and the Ordinances;
(xviii) to promote the health and welfare of students and to constitute a Council of Students’ Affairs consisting of such number of teachers and students as may be prescribed by the Ordinances to advise the Academic Council on matters relating to the welfare of the students of the University.
The Academic Advisory Committee
(1) The members and the Chairman 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 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 matter.
(3) On the date determined by the Visitor under sub-section (3) of Section 14, this Statute shall cease to have effect.
Schools of Studies
(1) The University shall have such Schools of Studies as may be specified in the Ordinances.
(2) (a) Every School of Studies (hereinafter referred to as the School) shall consist of such Departments as may be assigned to it by the Ordinances.
(b) Each Department shall consist of the following members, namely:—
(i) Teachers of the Department;
(ii) Persons appointed to conduct research in the Department;
(iii) Honorary Professors, if any, attached to the Department;
(iv) Such other persons as may be members of the Department in accordance with the provisions of the Ordinances.
(c) Each Department shall have a Head who may be a Professor 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.
(3) Every School shall have a Board consisting of the following members, namely:—
(i) The Dean of the School;
(ii) The Heads of Departments in the School;
(iii) The Professors in the Departments in the School;
(iv) 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;
(vi) Such other members, but not exceeding five, as may be specified 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-election or re-appointment, as the case may be. The first term of 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 required shall be prescribed by the Ordinances.
Finance Committee
(1) The Finance Committee shall consist of the following members, namely:—
(i) The Vice-Chancellor;
(ii) Three persons nominated by the Visitor;
(iii) Three persons, who are not employees of the University or of any recognised institution 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 quorum.
(4) All members of the Finance Committee, other than ex officio members, shall hold office for a term of three years.
(5) The Vice-Chancellor shall preside at the meetings of the Finance Committee.
(6) The Finance Committee shall meet at least twice every year to examine accounts and scrutinize proposals for expenditure.
(7) The annual accounts and financial estimates of the University prepared by the Finance Officer shall be laid before the Finance Committee for consideration and comments and thereafter submitted to the Executive Council for approval with or without amendments.
Committees
The Court, the Executive Council or the Academic Council may appoint Board or Committees consisting of members of the authority making such appointment and of such other persons (if any) as that authority in each case may think fit; and any such Board or Committee may deal with any subject assigned to it subject to subsequent confirmation by the authority which appointed it.
Elected Chairman to preside where no provision made in Statutes
Where, by the Statutes or the Ordinances, no provision is made for a Chairman to preside over a meeting of the University Authority, Board or Committee, or when the Chairman so provided for is absent, the members present shall elect one among themselves to preside at the meeting.
Resignation
(1) Any member other than an ex officio member, of the Court, the Executive Council, the Academic Council or any other authority of the University or committee may resign by letter addressed 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.
Disqualifications
(1) A person shall be disqualified for being chosen as, and for being a member of any of the authorities of the University—
(a) if he is of unsound mind or is a deaf-mute or suffers from contagious leprosy;
(b) if he is an undischarged insolvent;
(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 (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
Any proposal for the conferment of honorary degrees shall be made by the Academic Council to the Executive Council, and the proposal if accepted by the Executive Council shall require the assent of the Court before submission to the Chancellor for confirmation.
Withdrawal of degrees, etc
The Academic Council may, by a special resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw any degree or academic distinction conferred on or any certificate of diploma granted to, any person by the University for good and sufficient cause:
Provided that no such resolution shall be passed 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 resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them, have been considered by the Academic Council.
University teachers
(1) Teachers of the University shall be of two classes, namely:—
(i) Appointed teachers of the University;
(ii) Recognised teacher of the University;
(2) Appointed teachers of the University shall be either—
(a) employees of the University paid by University and appointed by the Executive Council as Professors, Readers or 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 otherwise as teachers of the University.
(3) Recognised teachers of the University shall be members 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 be a recognised teacher unless he is recognised by the Executive Council as a Professor, Reader or in any other capacity as a teacher of the University.
(4) The qualifications of recognised teachers of the University shall be such as may be prescribed by the Ordinances.
(5) All applications for the recognised teachers of the University shall be made in such manner as may be laid down by the Regulations made by the Executive Council in that behalf.
(6) The period of recognition of 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 the University otherwise than as a Professor or Reader shall continue to be recognised so long as he is in the service of the institution.
(7) The Academic Council may, by a special resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw recognition from a teacher:
Provided that no such resolution shall be passed 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 resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them, have been considered by the Academic Council.
(8) A person aggrieved by an order of withdrawal under clause (7) may, within three months from the communication to him of such order, appeal to the Executive Council who may pass such orders thereon as it thinks fit.
(9) No person shall be appointed or recognised as a teacher of the University except on the recommendation of a Selection Committee constituted for the purpose.
Selection Committees
(1) There shall be Selection Committees for making recommendations to the Executive Council for appointment to the posts of Professor, Reader, Lecturer, Registrar, Finance Officer and Librarian.
(2) Every Selection Committee shall consist of the Vice-Chancellor, 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 the corresponding entry in column 2 of the said Table:
TABLE
| 1 | 2 |
| Professor | The Head of the Department concerned if he is a Professor; Three persons not connected with the University, nominated by the Executive Council, out of a panel of names recommended by the Academic Council for their special knowledge of or interest in, the subject with which the Professor will be concerned. |
| Reader, Lecturer | The Head of the Department concerned; Two persons not connected with the University, nominated by the Executive Council, out of a panel of names recommended by the Academic Council for their special knowledge of or interest in, the subject with which the Reader or Lecturer will be concerned. |
| Registrar, Finance Officer | Three members of the Executive Council nominated by it. |
| Librarian | Three persons not connected with the University, who have special knowledge of the subject of Library Science to be nominated by the Executive Council. |
(3) The Procedure to be followed by a Selection Committee in making recommendations shall be laid down in the Ordinances.
(4) If the Executive Council is unable to accept any recommendation made by the Selection Committee, it may remit the same to the Selection Committee for reconsideration and if the difference is not resolved, the Executive Council shall record its reasons and submit the case to the Visitor for orders.
(5) The constitution of the Selection Committees for the purpose of recognizing teachers shall be provided for by the Ordinances.
Special mode of appointment
Notwithstanding anything contained in Statute 27, the Executive Council may invite a person of high academic distinction and professional attainment to accept a post of Professor or Reader 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, appoint him to the post.
Conditions of service of officers, etc
(1) Every teacher and salaried officer and such other employees 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 time, the period of the contract shall 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 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
(1) Where there is an allegation of misconduct against a teacher, the Vice-Chancellor may, if he thinks fit, by order in writing, 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 the teacher, revoke that order.
(2) Notwithstanding anything contained in the terms of his contract 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 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 cause against the action proposed to be taken in regard to him.
(5) The removal of a teacher shall require a two-thirds 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 is under suspension at the time of his removal, the removal shall take effect on the date on which he was placed under suspension.
(7) Notwithstanding anything contained in these Statutes, the teacher shall be entitled to resign by giving three months’ notice in writing to the Executive Council.
Removal of employees other than teachers
(1) Notwithstanding anything contained in the terms of his contract of service or of his appointment, an employee of the University, other than a teacher, may be removed by the authority which is competent to appoint the employee—
(a) if he is of unsound mind or is deaf-mute or suffers from 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;
(d) if he is otherwise guilty of misconduct:
Provided that no officer of the University shall be removed from his office unless a resolution to that effect is passed by the Executive Council by a majority of two-thirds of its members present and voting.
(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 is for a reason other 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 these Statutes, an employee of the University, not being a teacher, shall be entitled to resign,—
(i) in the case of a permanent employee, only after giving three months’ notice in writing to the appointing authority or paying to the University three months’ salary in lieu thereof;
(ii) in any other case, only after giving one month’s notice in writing to the appointing authority or paying to the University one month’s salary in lieu thereof.
Maintenance of discipline among students of the University
(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 as he deems proper to the Chief Proctor and to such other persons as he may specify in this behalf.
(3) Without prejudice to the generality of his powers relating to the maintenance of discipline and taking such action in the interest of maintaining discipline as may seem to him appropriate, the ViceChancellor may, in the exercise of his powers aforesaid, 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 college or institution, Department, Special Centre, or Specialised Laboratory, or be fined in a sum of rupees that may be specified, or be debarred from taking an examination 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.
(4) The Principals or, as the case may be, the Heads of the Colleges, Institutions, Departments, Special Centres or Specialised Laboratories shall have the authority to exercise all such disciplinary powers over the students in their respective colleges, institutions, Departments, Special Centres or Specialized Laboratories 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 proper conduct shall be framed. The Principals or, as the case may be, the 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 students shall provide himself with a copy of these rules.
Membership of students’ organisation
The membership of any students’ organisation shall be voluntary.
Alumni Association
(1) There shall be an Alumni Association established for the Jawaharlal Nehru University.
(2) The subscription for membership of the Alumni Association shall be prescribed by the Ordinances.
(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 year’s membership shall not apply in the case of the first election after the commencement of the Act.
Ordinances
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 university and for admission to the
examinations, degrees and 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 bodies, examiners and moderators;
(d) the maintenance of discipline among the students of the University;
(e) the conditions of residence of students at the University;
(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 and conditions of service, of teachers of the University;
(i) the management of colleges, institutions maintained by the University, Special Centres or Specialised Laboratories;
(j) supervision and inspection of colleges, recognised institutions, Special Centres and Specialised Laboratories;
(k) all other matters which by the Act or these Statutes are to be or may be provided for by the Ordinances.
Ordinances how made
(1) The first Ordinances shall be made by the Vice-Chancellor with the previous approval of the Central Government.
(2) The said Ordinances may be amended, repealed or added to 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 Ordinances 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 examination or any course of study, unless a draft of such Ordinance has been proposed by the Academic Council.
(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 amendments which the Executive Council may suggest.
(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 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 submitted, as soon as may be, to the Visitor and the Court, and shall be 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 Ordinance made by the Executive Council, and any such Ordinance 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 exercising his power of disallowance, and any order of suspension under this clause shall cease to have effect on the expiration of one 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 his disallowance of the Ordinance, and from the date of receipt by the Executive Council of intimation of such disallowance, the Ordinance shall cease to have effect.
Regulations
(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 meetings and the number of members required to form a quorum;
(b) providing for all matters which by this Act, these Statutes 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 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 meetings.
(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.