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JAWAHARLAL NEHRU UNIVERSITY ACT 1966

ACT NO. 53 OF 1966

[22nd December, 1966].

Short title and commencements.

1. Short title and commencement. (1) This Act may be called the Jawaharlal Nehru University Act, 1966.

(2) It shall come into force on such date 1* as the Central Government may, by notification in the Official Gazette, appoint.

Definitions. 2. 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", "Ordnances" 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.

3. 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 of 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. 22nd April, 1969: See Notification No. S.O. 1525, dated the 21st April, 1969, Gazette of India, 1969, Pt. II, Sec. 3(ii), p. 1443. 184

Objects. 4. 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. 5. 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; 185

(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.

6. 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, 186 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 theUnion territory of Delhi. 7. 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.

8. 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. 187

(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 be 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.

9. 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. 188

(8) There shall be such other officers as provided for in the Statutes.

Authorities of the University. 10. 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.

11. 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 prescribe 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.

12. 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.

13. 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.

14. 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 to the University and keep under review the standard of education and research in the University. 189

(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. 15. 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 institution 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.

16. 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: 190 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.

17. 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. 18. 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.

Annual report.

19. 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. 191

(2) The Court may communicate its comments thereon to the Executive Council.

Audit of accounts.

20. 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) 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.

Disputes as to constitution of University authorities and bodies. 21. 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 Visitor whose decision thereon shall be final.

Constitution of committees. 22. 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. 23. 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 invalidatedby vacancies. 24. 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. 25. 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. 192

Transitional provisions. 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.

Amendment of Act 8 of 1922. 27. 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. SCHE STATUTES OF THE UNIVERSITY THE SECOND SCHEDULE For the statutes of the University see University Calendar.