The Jamia Millia Islamia Act, 1988
Administered Ministry: Ministry of Education / Department of Higher Education
Section
Section 21 The Planning Board.
(1) The Planning Board shall be the principal planning body of the University.
(2) The constitution of the Planning Board, term of office of its members and its powers and duties shall be prescribed by the Statutes.
(2) The constitution of the Planning Board, term of office of its members and its powers and duties shall be prescribed by the Statutes.
Section 22 Other authorities of the University.
The constitution, powers and functions of the Faculties and of such other authorities as may be declared by the Statutes to be authorities of the University, shall be prescribed by the Statutes.
Section 23 Power to make 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 functions of the authorities and other bodies of the University, as may be constituted from time to time;
(b) the election and continuance in office of the members of the said authorities, filling of vacancies of members, and all other matters relating to those authorities for which it may be necessary or desirable to provide;
(c) the appointment, powers and duties of the officers of the University and their emoluments;
(d) the appointment of teachers of the University and other academic staff and their emoluments;
(e) the appointment of teachers and other academic staff working in any other University or Institution for a specific period for undertaking a joint project;
(f) the conditions of service of employees including provision for pension, insurance and provident fund, the manner of termination of service and disciplinary actions;
(g) the principles governing seniority of service of employees;
(h) the procedure for arbitration in case of disputes between employees or students and the University;
(i) the procedure for appeal to the Majlis-i-Muntazimah (Executive Council) by any employee or student against the action of any officer or authority of the University;
(j) the establishment and recognition of the students union or association of teachers, academic staff or other employees;
(k) the participation of the students in the affairs of the University;
(l) the conferment of honorary degrees;
(m) the withdrawal of degrees, diplomas, certificates and other academic distinctions;
(n) the institutions of fellowships, scholarships, studentships, medals and prizes;
(o) the maintenance of discipline among the students;
(p) the establishment and abolition of Faculties, Departments, Centres and Schools;
(q) the delegation of powers vested in the authorities or officers of the University; and
(r) all other matters which by this Act are to be, or may be, prescribed by the Statutes
(a) the constitution, powers and functions of the authorities and other bodies of the University, as may be constituted from time to time;
(b) the election and continuance in office of the members of the said authorities, filling of vacancies of members, and all other matters relating to those authorities for which it may be necessary or desirable to provide;
(c) the appointment, powers and duties of the officers of the University and their emoluments;
(d) the appointment of teachers of the University and other academic staff and their emoluments;
(e) the appointment of teachers and other academic staff working in any other University or Institution for a specific period for undertaking a joint project;
(f) the conditions of service of employees including provision for pension, insurance and provident fund, the manner of termination of service and disciplinary actions;
(g) the principles governing seniority of service of employees;
(h) the procedure for arbitration in case of disputes between employees or students and the University;
(i) the procedure for appeal to the Majlis-i-Muntazimah (Executive Council) by any employee or student against the action of any officer or authority of the University;
(j) the establishment and recognition of the students union or association of teachers, academic staff or other employees;
(k) the participation of the students in the affairs of the University;
(l) the conferment of honorary degrees;
(m) the withdrawal of degrees, diplomas, certificates and other academic distinctions;
(n) the institutions of fellowships, scholarships, studentships, medals and prizes;
(o) the maintenance of discipline among the students;
(p) the establishment and abolition of Faculties, Departments, Centres and Schools;
(q) the delegation of powers vested in the authorities or officers of the University; and
(r) all other matters which by this Act are to be, or may be, prescribed by the Statutes
Section 24 Statutes how to be made. 1 docs
(1) The first Statutes are those set out in the Schedule.
(2) The Majlis-i-Muntazimah (Executive Council) may, from time to time, make new or additional Statutes referred to in sub-section (1):
Provided that the Majlis-i-Muntazimah (Executive Council), shall not make, amend or repeal any Statute affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by Majlis-i-Muntazimah (Executive Council).
(3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the assent of the Visitor who may assent thereto or withhold assent or remit to the Majlis-i-Muntazimah (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.
(5) Notwithstanding anything contained in the foregoing sub-sections, the Visitor may make new or additional Statutes or amend or repeal the Statutes referred to in sub-section (1) during the period of three years immediately after the commencement of this Act.
(6) Notwithstanding anything contained in the foregoing sub-sections, the Visitor may direct the University to make provisions in the Statutes in respect of any matter specified by him and if the Majlis-i-Muntazimah (Executive Council) is unable to implement such a direction within sixty days of its receipt, the Visitor may, after considering the reasons, if any, communicated by the Majlis-i-Muntazimah (Executive Council) for its inability to comply with such direction make or amend the Statutes suitably.
(2) The Majlis-i-Muntazimah (Executive Council) may, from time to time, make new or additional Statutes referred to in sub-section (1):
Provided that the Majlis-i-Muntazimah (Executive Council), shall not make, amend or repeal any Statute affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by Majlis-i-Muntazimah (Executive Council).
(3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the assent of the Visitor who may assent thereto or withhold assent or remit to the Majlis-i-Muntazimah (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.
(5) Notwithstanding anything contained in the foregoing sub-sections, the Visitor may make new or additional Statutes or amend or repeal the Statutes referred to in sub-section (1) during the period of three years immediately after the commencement of this Act.
(6) Notwithstanding anything contained in the foregoing sub-sections, the Visitor may direct the University to make provisions in the Statutes in respect of any matter specified by him and if the Majlis-i-Muntazimah (Executive Council) is unable to implement such a direction within sixty days of its receipt, the Visitor may, after considering the reasons, if any, communicated by the Majlis-i-Muntazimah (Executive Council) for its inability to comply with such direction make or amend the Statutes suitably.
Section 25 Power to make Ordinances. 38 docs
(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 to the University and their enrolment as such;
(b) the courses of study to be laid down for all degrees, diplomas and certificates of the University;
(c) the medium of instruction and examination;
(d) the same and the means to be taken relating to the granting and obtaining of the same;
(e) the fees to be charged for courses of study in the University and for admission to the examinations, degrees, diplomas and certificates of the University;
(f) the conditions for the award of fellowships, scholarships, studentships, medals and prizes;
(g) the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators;
(h) the conditions of residence of the students of the University;
(i) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies for them;
(j) the appointment and emoluments of employees other than those for whom provision has been made in the Statutes;
(k) the establishment of Centres of Studies, Boards of Studies, Inter-disciplinary Studies, Special Centres, Specialised Laboratories and other Committees;
(l) the manner of co-operation and collaboration with other Universities and authorities including learned bodies or associations;
(m) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University;
(n) the remuneration to be paid to the examiners, moderators, invigilators and tabulators;
(o) such other terms and conditions of service of teachers and other academic staff as are not prescribed by the Statutes;
(p) the management of institutions established by the University; and
(q) all other matters which by this Act or the Statutes may be prescribed by the Ordinances.
(2) The regulations and by-laws in force immediately before the commencement of this Act shall be the first Ordinances of the University and may be repealed or amended at any time by the Majlis-i-Muntazimah (Executive Council).
(a) the admission of students to the University and their enrolment as such;
(b) the courses of study to be laid down for all degrees, diplomas and certificates of the University;
(c) the medium of instruction and examination;
(d) the same and the means to be taken relating to the granting and obtaining of the same;
(e) the fees to be charged for courses of study in the University and for admission to the examinations, degrees, diplomas and certificates of the University;
(f) the conditions for the award of fellowships, scholarships, studentships, medals and prizes;
(g) the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators;
(h) the conditions of residence of the students of the University;
(i) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies for them;
(j) the appointment and emoluments of employees other than those for whom provision has been made in the Statutes;
(k) the establishment of Centres of Studies, Boards of Studies, Inter-disciplinary Studies, Special Centres, Specialised Laboratories and other Committees;
(l) the manner of co-operation and collaboration with other Universities and authorities including learned bodies or associations;
(m) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University;
(n) the remuneration to be paid to the examiners, moderators, invigilators and tabulators;
(o) such other terms and conditions of service of teachers and other academic staff as are not prescribed by the Statutes;
(p) the management of institutions established by the University; and
(q) all other matters which by this Act or the Statutes may be prescribed by the Ordinances.
(2) The regulations and by-laws in force immediately before the commencement of this Act shall be the first Ordinances of the University and may be repealed or amended at any time by the Majlis-i-Muntazimah (Executive Council).
Section 26 Power to make Regulations.
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.
Section 27 Annual report.
(1) The annual report of the University shall be prepared under the direction of the Majlis-i-Muntazimah (Executive Council) and shall be submitted to the Anjuman (Court) on or after such date as may be prescribed by the Statutes and the Anjuman (Court) shall consider the report in its annual meeting.
(2) The Anjuman (Court) shall submit the annual report to the Visitor along with its comments, if any.
(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 the Houses of Parliament.
(2) The Anjuman (Court) shall submit the annual report to the Visitor along with its comments, if any.
(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 the Houses of Parliament.
Section 28 Annual accounts.
(1) The annual accounts and balance-sheet of the University shall be prepared under the directions of the Majlis-i-Muntazimah (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 persons as he may authorise in this behalf.
(2) A copy of the annual accounts, together with the audit report thereon, shall be submitted to the Anjuman (Court) and the Visitor along with the observations of the Majlis-i-Muntazimah (Executive Council).
(3) Any observations made by the Visitor on the annual accounts shall be brought to the notice of the Anjuman (Court) and the observations of the Anjuman (Court), if any, shall, after being considered by the Majlis-i-Muntazimah (Executive Council), be submitted to the Visitor.
(4) A copy of the annual accounts, together with the audit 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 the Houses of Parliament.
(5) The audited annual accounts after having been laid before both the Houses of Parliament, shall be published in the Gazette of India.
(2) A copy of the annual accounts, together with the audit report thereon, shall be submitted to the Anjuman (Court) and the Visitor along with the observations of the Majlis-i-Muntazimah (Executive Council).
(3) Any observations made by the Visitor on the annual accounts shall be brought to the notice of the Anjuman (Court) and the observations of the Anjuman (Court), if any, shall, after being considered by the Majlis-i-Muntazimah (Executive Council), be submitted to the Visitor.
(4) A copy of the annual accounts, together with the audit 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 the Houses of Parliament.
(5) The audited annual accounts after having been laid before both the Houses of Parliament, shall be published in the Gazette of India.
Section 29 Conditions of services of employees.
(1) Every employee of the University shall be appointed under a written contract, which shall be lodged with the University and a copy of which shall be furnished to the employee concerned.
(2) Any dispute arising out of a contract between the University and any of the employees shall at the request of the employee, be referred to a Tribunal of Arbitration consisting of one member appointed by the Majlis-i-Muntazimah (Executive Council), one member nominated by the employee concerned and an umpire appointed by the Visitor.
(3) The decision of the Tribunal of Arbitration referred to in sub-section (2), shall be final, and no suit shall lie in any civil court in respect of the matters decided by the Tribunal.
(4) Every request made by the employee under sub-section (2), shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration Act, 1940 (10 of 1940).
(2) Any dispute arising out of a contract between the University and any of the employees shall at the request of the employee, be referred to a Tribunal of Arbitration consisting of one member appointed by the Majlis-i-Muntazimah (Executive Council), one member nominated by the employee concerned and an umpire appointed by the Visitor.
(3) The decision of the Tribunal of Arbitration referred to in sub-section (2), shall be final, and no suit shall lie in any civil court in respect of the matters decided by the Tribunal.
(4) Every request made by the employee under sub-section (2), shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration Act, 1940 (10 of 1940).
Section 30 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 of resolution of the Shaikh-ul-Jamia (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 one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to Majlis-i-Muntazimah (Executive Council) and the Majlis-i-Muntazimah (Executive Council) may confirm, modify or reverse the decision of the Shaikh-ul-Jamia (Vice-Chancellor) or the concerned Committee, as the case 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-sections (2), (3) and (4) of section 29 shall as far as may be, apply to a reference made under this sub-section.
(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-sections (2), (3) and (4) of section 29 shall as far as may be, apply to a reference made under this sub-section.
Section 31 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 Majlis-i-Muntazimah (Executive Council), against the decision of any officer or authority of the University and thereupon the Majlis-i-Muntazimah (Executive Council) may confirm, modify or reverse the decision appealed against.
Section 32 Provident and pension funds.
(1) The University shall constitute for the benefit of its employees such pension or provident fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the Statutes.
(2) Where such provident fund or pension fund has been so constituted, the Central Government may declare that the provisions of the Provident Funds Act, 1925 (19 of 1925), shall apply to such fund as if it were a Government provident fund.
(2) Where such provident fund or pension fund has been so constituted, the Central Government may declare that the provisions of the Provident Funds Act, 1925 (19 of 1925), shall apply to such fund as if it were a Government provident fund.
Section 33 Disputes as to constitution of University authorities and bodies.
If any question arises as to 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 thereupon shall be final.
Section 34 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 the members of the authority concerned and of such other persons (if any) as the authority in each case may think fit.
Section 35 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 members 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.
Section 36 Proceedings of University authorities or bodies not invalidated by vacancies.
No act or proceedings of any authority or other body of the University shall be invalid merely by reason of the existence of a vacancy or vacancies among its members.
Section 37 Protection of action taken in good faith.
No suit or other legal proceedings 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 any of the provisions of this Act, the Statutes or the Ordinances.
Section 38 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 Musajjil (Registrar), shall be received as prima facie evidence of such receipt, application, notice, order, proceeding or resolution, documents or the existence of entry in the register and shall be admitted as evidence of the matters and transaction 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.
Section 39 Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid before Parliament.
(1) Every Statute, Ordinance or Regulation made under this Act, shall be published in the Official Gazette.
(2) 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.
(2) 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.
Section 40 Power to remove 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 provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act.
Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act.