Delhi University Act, 1922
Act No. 8 of 1922
LEGISLATIVE HISTORY 6
Object & Reasons6
Object and Reasons (1)(i)"The University Education Commission, while making certain recommendations in regard to University education generally, also dealt with certain special problems relating to the Central Universities at Rcnares, Aligarh and Delhi. These recommendations were generally approved by the Central Advisory Board of Iducation at their meeting in April, 1950. While the amendments necessitated by the acceptance of these recommendations could be given effect to during the last session of Parliament with respect to the Aligarh Muslim University Act and the Benares Hindu University Act. time did not permit of similar amendments being carried out with respect to the Delhi University Act, 1922.
The amendments contained in the present Bill are identical with those accepted by Parliament in regard to the tknares Hindu University Act and the Aligarh Muslim University Act after detailed consideration by a Select Committee and full discussion in Parliament. The main feature of this Bill, as in the case of the other two Bills, are that religious instruction is to he given only to those who wish to receive it as required by Article 28 (3) of the Constitution, and than the President of India is to be the Visitor of the University. Power is assumed for a temporary period, as in the case of the other two Bills, to make modifications in the Statutes so as to bring them into accord with the principal Act as now amended and the recommendations of the University Education Commission. The other amendments proposed do not call for any detailed comments." - Gazette of India, 1952. Pt. II. Section 2, p. 21.
(ii)The question of reorganisation of the Delhi University has been under consideration for quite some time. On the request of the Ministry of Education the University Grants Commission constituted a Committee under the chairmanship of the Vice-Chancellor of the Delhi University to go into the administ rat ive and organisational difficulties (including University College relationship) of the University. The Committee submitted its Report and its recommendations are as follows:
(a) The Act should be amended to give power to the University to declare certain colleges as autonomous colleges.
(b) The Colleges may he grouped together into two or three groups and a College Council may be appointed to look after each group of colleges. A College Council should have the same powers as the Executive Council and should be headed by a full-time Chairman, appointed by the Visitor on the recommendation of the Vice-Chancellor or the Executive Council.2. The University Grants Commission while considering the Report of the Committee had strongly supported the concept of autonomous colleges and decent ralisa ion of administration. 3. After consideration of the recommendations of the said Committee and the views of the Vice-Chancellor, the Delhi University Act was amended by an Ordinance so that the University may have the following powers before the commencement of the next academic session, namely
(a) to declare colleges conducting courses of study in the Faculties of Medicine, Technology, Music and Fine Arts as autonomous colleges:
(b) to empower the University to set up one or more College Councils:
(c) empower the Executive Council of the University, instead of the Court, to make new or additional Statutes or amend the existing statutes with the approval of the Visitor of the University.4. The Bill seeks to replace the said Ordinance - S.O.R. Gazette of India, 3-8-72., Pt. II., Section 2., Ext., p. 653. Amendment Act 43 of 2002.- Sub-section (2) of section 5 of the Delhi University Act, 1922 (8 of 1922), a central legislation (enacted by the Indian Legislature) prohibits the affiliation of any educational institution or college with any University other than the Delhi University within the limits of the National Capital Territory of Delhi, unless it is specifically permitted by an order of the Central Government. The Delhi University already has a large number of institutions and colleges affiliated with it and may not be in a position to take on the continuous additional burden of new institutions and colleges as well as increasing student population. 2. In order to facilitate the affiliation of institutions and colleges located in the National Capital Territory of Delhi with the Indraprastha Vishwavidyalaya, an amendment is required in sub-section (2) of section 5 of the Delhi University Act, 1922.
(b) "Hall" means a unit of residence for students of the University provided, maintained or recognized by it;]
(c) " Patron of the University " means a person who has made a donation of not less than one lakh of rupees to the funds of the University, and has been declared by the Chancellor to be a Patron of the University;
(d) "Principal" means the head of a College [and includes, when there is no Principal, the person for the time being duly appointed to act as Principal, and, in the absence of the Principal or the acting Principal, a Vice-Principal duly appointed as such];
(f)"Statutes" , "Ordinances" and "Regulations" mean, respectively, the Statutes, Ordinances and Regulations of the University made under this Act;
(g) "teachers" includes Professors, Readers, Lecturers and other persons imparting instruction in the University or in any College or Hall;
(i) "University" means the University of Delhi; and
(j) "Warden" means the head of a Hall.
The University3. The University.- (1) 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 come 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 "the University of Delhi". (2) The University shall have perpetual succession and a common seal, and shall sue and be sued by the said name. 4. Powers of the University.- The University shall have the following powers, namely :- (1) to provide for instruction in such branches of learning as the University may think fit, and to make provision for research and for the advancement and dissemination of knowledge, [(2) to hold examinations and to grant to, and confer degrees and other academic distinctions on, persons who-
(a) have pursued a course of study in the University or in any College, or
(b) are non-collegiate women students residing within the territorial jurisdiction of the University, or
(c) are teachers in educational institutions under conditions laid down in the Statutes and Ordinances and have passed the examinations of the University under like conditions,](3) to confer honorary degrees or other distinctions on approved persons in the manner laid down in the Statutes, (4) to grant such diplomas to, and to provide such lectures and instruction for, persons not being members of the University, as the University may determine, (5) to co-operate with other Universities and authorities in such manner and for such purposes as the University may determine, (6) to institute Professorships, Readerships, Lectureships and any other teaching posts required by the University, (7) to appoint or recognize 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 maintain Colleges and Halls, to admit to its privileges Colleges not maintained by the University and to withdraw all or any of those privileges, and to recognise Halls not maintained by the University and to withdraw any such recognition.] (10) to demand and receive payment of such fees and other charges as may be authorized by the Ordinances, (11) to supervise and control the residence and discipline of students of the University, and to make arrangements for promoting their health-and general welfare, [(11A) to make grants from the funds of the University for assistance to forms of extra-mural teaching,] [(12) to make special arrangements in respect of the residence, discipline and teaching of women students, (12A) to create administrative and ministerial and other necessary posts and to make appointments thereto, and] (13) to do all such other acts and things, whether incidental to the powers aforesaid or not, as may be requisite in order to further the objects of the University as a teaching and examining body, and to cultivate and promote arts, science and other branches of learning. 5. Territorial exercise of powers.- (1) Save as otherwise provided in this Act, the powers of the University conferred by or under this Act shall not extend [beyond the limits of the State of Delhi], and notwithstanding anything in any other Law for the time being in force, no educational institution beyond [those limits] shall be associated with or admitted to any privileges of the University: [* * * *] (2) Notwithstanding anything in any other law for the time being in force, no educational institution within the [afore mentioned limits] shall be associated in any way with or be admitted to any privileges of any other University incorporated by law in the States, and any such privileges granted by any such other University to any educational institution within [those limits] prior to the commencement of this Act shall be deemed to be withdrawn on the commencement of this Act: Provided that the Central Government may, by order in writing, direct that the provisions of this sub-section shall not apply in the case of any institution specified in the order. 6. University open to all classes castes and creeds.- The University shall be open to all persons of either sex and of whatever race, [creed, caste or class] and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be admitted thereto as a teacher or student, or to hold any office therein, or to graduate thereat, or to enjoy or exercise any privilege thereof, except [* * *] in respect of any particular benefaction accepted by the University, where such test is made a condition thereof by any testamentary or other instrument creating such benefaction: Provided that nothing in this section shall be deemed to prevent religious instruction being given in the manner prescribed by the Ordinances to those [who have consented to receive it]. 7. Teaching of the University.- (1) All recognized teaching in connection with the University courses shall be conducted under the control of the Academic Council by teachers of the University, and shall include lecturing, laboratory work and other teaching conducted in accordance with any syllabus prescribed by the Regulations. [(2) * * * * *] (3) The authorities responsible for organizing such teaching shall be prescribed by the Statutes. (4) The courses and curricula shall be prescribed by the Ordinances and, subject thereto, by the Regulations. [(5) * * * *] [7A. Visitor.-(i) The President of India shall be the Visitor of the University. (2) The Visitor shall have the right to cause an inspection to be made by such person or persons as he may direct of the University, its buildings, laboratories and equipment and of any institution maintained by the University, and also of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the University. (3) The Visitor shall in every case give notice to the University of his intention to cause an inspection or inquiry to be made, and the University shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry. (4) 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. (5) 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. (6) 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. (7) Without prejudice to the foregoing provisions of this section the Visitor may, by order in writing, annul any proceeding of the University which is not in conformity with this Act, the Statutes or the Ordinances: Provided that before making any such order he shall call upon the University to show cause why such an order should not be made and, if any cause is shown within a reasonable time shall consider the same. 7B. Chief Rector and Rectors.- (1) The Chief Commissioner of the State of Delhi shall be the Chief Rector of the University. (2) Such persons, as may be appointed in this behalf in accordance with the Statutes, shall be the Rectors of the University.]
Officers Of The University8. Officers of the University.- The following shall be the officers of the University:—
(i) the Chancellor,
(ii) the Pro-Chancellor,
(iii) the Vice-Chancellor,
(v) the Treasurer,
(vi) the Registrar,
(vii) the Deans of the Faculties, and
(viii) such other persons in the service of the University as may be declared by the Statutes to be Officers of the University.9—15. Rep. by the Delhi University (Amendment) Act, 1952 (5 of 1952), s.10. [16. Powers and duties of officer etc.- Subject to the provisions of this Act, the powers and duties of the officers of the University, the terms for which they shall hold a office and the filling of casual vacancies in such offices shall be é provided for by the Statutes.]
Authorities Of The University17. Authorities of the University.- The following shall be the authorities of the University:—
(i) the Court,
(ii) the Executive Council,
(iii) the Academic Council,
(iv) the Faculties, and
(v) such other authorities as may be declared by the Statutes to be authorities of the University.[18. The court.- The Court shall be the supreme authority of the University and 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.] 19. Meeting of the Court. [Rep. by the Delhi University (Amendment) Act, 1952 (5 of 1952), s.14.] 20. Powers and duties of the Court. [Rep. by the Delhi University (Amendment) Act, 1952 (5 of 1952), s.14.] 21. The Executive Council.- 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. 22. Powers and duties of the Executive Council. [Rep. by the Delhi University (Amendment) Act, 1952 (5 of 1952), s.14.] 23. The Academic Council.- The Academic Council shall be the academic body of the University, and 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.It shall have the right to advise the Executive Council on all academic matters.The constitution of the Academic Council and the term of office of its members, other than ex-officio members, shall be prescribed by the Statutes. 24. The Faculties. Rep. by the Delhi University (Amendment) Act, 1952 (5 of 1952), s.14. [25. Powers and duties of authorities of the University.- Subject to the provisions of this Act, the constitution, powers and duties of the authorities of the University shall be provided for by the Statutes.]
University Boards26. University Board.- The University shall include a Residence, Health and Discipline Board and such other Boards as may be prescribed by the Statutes. 27. Constitution etc., of Boards to be Prescribed by Ordinances.- The constitution, powers and duties of the Residence, Health to and Discipline Board and of all other Boards of the University shall be prescribed by the Ordinances.
Statutes, Ordinances And Regulations[28. 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 Court, the Executive Council, the Academic Council, the Finance Committee and such other bodies as may be deemed necessary to constitute from time to time;
(b) the election and continuance in office of the members of the said bodies, including the continuance in office of the first members, and the filling of vacancies of members, and all other matters relative to those bodies for which it may be necessary or desirable to provide;
(c) the appointment, powers and duties of the officers of the University;
(d) the constitution of a pension or provident fund and the establishment of an insurance scheme for the benefit of the officers, teachers and other employees of the University;
(e) the conferment of honorary degrees; :
(f) the withdrawal of degrees, diplomas, certificates and other academic distinctions;
(g) the establishment and abolition of faculties, departments, halls, colleges and institutions;
(h) the conditions under which colleges and other institutions may be admitted to the privileges of the University and the withdrawal of such privileges;
(i) the institution of fellowships, scholarships, studentships, exhibitions, medals and prizes; and
(j) all other matters which by this Act are or may be provided for by the Statutes.]29. Statutes how made.-[(1) On the commencement of the Delhi University (Amendment) Act, 1943 (24 of 1943), the Statutes of the University shall be those set out in the Schedule.] [(2) The Court 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. (3) The Executive Council may propose to the Court the draft of any Statute to be passed by the Court, and such draft shall be considered by the Court at its next meeting. (4) The Court may approve any such draft as is referred to in sub-section (3) and pass the [Statute] or reject it or return it to the Executive Council for reconsideration, either in whole or in part, together with any amendments which the Court may suggest: Provided that the Executive Council shall not propose the draft of any Statute or of any amendment of a Statute affecting the status, powers or constitution of any existing authority of the University until such authority has been given an opportunity of expressing an opinion upon the proposal, and any opinion so expressed shall be in writing and shall be considered by the Court. (5) Any member of the Court may propose to the Court the draft of any Statute and the Court may either reject the proposal or refer such draft for consideration to the Executive Council, which may either reject the proposal or submit the draft to the Court in such form as the Executive Council may approve, and the provisions of this section shall apply in the case of any draft so submitted as they apply in the case of a draft proposed to the Court by the Executive Council. (6) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the previous approval of the Visitor who may sanction, disallow or remit it for further consideration.] [30. Ordinances.- 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 degrees, diplomas, certificates and other academic distinctions to be awarded by the University, the qualifications for the same, and the means to be taken relating to the granting and obtaining of the same;
(d) the fees to be charged for courses of study in the University and for admission to the examinations, degrees and diplomas of the University;
(e) the conditions of the award of fellowships, scholarships, studentships, exhibitions, medals and prizes;
(f) the conduct of examinations, including the terms of office and manner of appointment and the duties of examining bodies, examiners and moderators;
(g) the maintenance of discipline among the students of the University;
(h) the conditions of residence of students at the University;
(i) 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;
(j) the giving of religious instruction;
(k) the emoluments and the terms and conditions of service of teachers of the University;
(l) the management of colleges and other institutions founded or maintained by the University;
(m) the supervision and inspection of colleges and other institutions admitted to privileges of the University; and
(n) all other matters which by this Act or the Statutes are to be or may be provided for by the Ordinances.31. Ordinances how made.- (1) The Ordinances of the University as in force immediately before the commencement of the Delhi University (Amendment) Act, 1952 (5 of 1952), may be amended, repealed or added to at any time by the Executive Council: Provided that-
(i) no Ordinance shall be made affecting the conditions of residence or discipline of students, except after consultation with the Academic Council;
(ii) no Ordinance shall be made-
(a) affecting the admission or enrolment of students or prescribing examinations to be recognised as equivalent to the University examinations, or
(b) affecting the conditions, mode of appointment or duties of examiners or the conduct or standard of examinations or any course of study, unless a draft of such Ordinance has been proposed by the Academic Council.(2) The Executive Council shall not have power to amend any draft proposed by the Academic Council under the provisions of subsection (l) 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. (3) Where the Executive Council has rejected the draft of an Ordinance proposed by the Academic Council, the Academic Council may appeal to the Central Government and the Central Government 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. (4) 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 voting, to cancel any Ordinance made by the Executive Council, and such Ordinance shall from the date of such resolution cease to have effect. (5) 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 sub-section 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. (6) The Visitor may, at any time after an Ordinance has been considered by the Court, signify to the Executive Council his disallowance of such Ordinance, and from the date of receipt by the Executive Council of intimation of such disallowance such Ordinance shall cease to have effect.] 32. Regulations.- (1) The authorities [* * * *] of the University may make Regulations consistent with this Act, the 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, the Statutes or the Ordinances are to be prescribed by Regulations; and
(c) providing for all other matters solely concerning such authorities [or Committees appointed by them] and not provided for by this Act, the 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 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 section or the annulment of any Regulation made under sub-section (l): Provided that any authority or Board of the University which is dissatisfied with any such direction may appeal to the [Court], whose decision in the matter shall be final.
Residence33. Residence.- Every student of the University shall reside in a College or a Hall, or under such conditions as may be prescribed by [* * * *] the Ordinances. 34. Colleges.- [(1) The colleges shall be such as may, after the commencement of the Delhi University (Amendment) Act, 1943 (29 of 1943), be recognised by the Executive Council in accordance with this Act and the Statutes, but shall include all colleges recognised at the commencement of the said Act as Colleges of the University so long as such recognition continues.] (2) The conditions of residence in the colleges shall be prescribed by the Ordinances, and every college shall be subject to inspection by any member of the Residence, Health and Discipline Board authorized in this behalf by the Board and by any officer of the University authorized in this behalf by the Executive Council. 35. Halls.- (1) The Halls shall be such as may be maintained by the University or approved and recognized by the Executive Council on such general or special conditions as may be prescribed by the Ordinances. (2) The wardens and superintending staff of the Halls shall be appointed in the manner prescribed by the [Ordinances]. (3) The conditions of residence in the Halls shall be prescribed by the Ordinances, and every Hall shall be subject to inspection by any member of the Residence, Health and Discipline Board authorized in this behalf by the Board and by any officer of the University or other person authorized in this behalf by the Executive Council. (4) The Executive Council shall have power to suspend or withdraw the recognition of any Hall which is not conducted in accordance with the conditions prescribed by the Ordinances.
Admission And Examinations36. Admission to University courses. Rep. by the Delhi University (Amendment) Act, 1952 (5 of 1952), s.22. 37. Examinations. Rep. by the Delhi University (Amendment) Act, 1952 (5 of 1952), s.22.
Annual Report And Accounts38. 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.The Court may pass resolutions thereon and communicate the same to the Executive Council. (2) 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 [39. Audit of account.- (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. (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 University to the Visitor.] [(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]
Supplementary Provisions40. Removal of names of registered graduates. Rep. by the Delhi University (Amendment) Act, 1952 (5 of 1952), s.24. 41. Disputes as to 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 Chancellor, whose decision thereon shall be final. 42. 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 ease may think fit. 43. 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 vacancies 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. 44. Proceedings of University authorities and bodies not invalidated by vacancies.- No act or proceeding 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. [45. Conditions of service of officers and teacher.- (1) Every salaried officer and teacher of the University 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 concerned. (2) Any dispute arising out of a contract between the University and any of its officers or teachers shall, at the request of the officer or teacher 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.] 46. Pension and provident funds.- (1) The University shall constitute, for the benefit of its officers, teachers, clerical staff and servants, in such manner and subject to such conditions as may be prescribed by the Statutes, such pension, insurance and provident funds as it may deem fit. (2) Where any such pension, insurance or provident fund has been so constituted, [or where any such pension, insurance or provident fund has been constituted by a college under rules which have been approved by the Central Government], the Central Government may declare that the provisions of the Provident Funds Act, [1925 (19 of 192)], shall apply to such funds, as if it were a Government Provident Fund. 47. Removal of difficulties. Rep. by the Delhi University (Amendment) Act, 1943 (24 of 1943), s.15. 48. Completion of courses for students at Delhi Colleges. Rep. by the Delhi University (Amendment) Act, 1943 (24 of 1943), s.15.