| DELHI UNIVERSITY ACT, 1922 |
| DELHI UNIVERSITY ACT, 1922 8 of 1922 15th March, 1922 An Act to establish and incorporate a [teaching and affiliating University] at Delhi. WHEREAS, it is expedient to establish and incorporate a [teaching and affiliating University] at Delhi; It is hereby enacted as follows Section1 Short title and commencement (1) This Act may be called the Delhi University Act, 1922. (2) It shall come into force on such date22. Ist May, 1922. as the Central Government may, by notification in the Official Gazette, direct. Section2 Definitions In this Act and in the Statutes, unless there is anything repugnant in the subject or context, 33. Subs, by Act No. 5 of 1952, for original cls. (a) and (b). (a) "College" means an institution maintained or admitted to its privileges by University, and includes an Affiliated College and a Constituent College; Explanation I-"Affiliated College" means an institution recognised by the University in accordance with the provision of this Act and the Statutes in which instruction is provided in accordance with the provisions of the Statues and Ordinances up to the Bachelor's degree but exclusive of Honours and post-graduate degrees; Explanation II- "Constituent College" means an institution recognized as such by the Executive Council in accordance with the provisions of this Act and Statutes; (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 11. Added by Act No. 24 of 1943. [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]; 22. Cl.(e) omitted by Act No. 5 of 1952. (e) ************ (f) "Statutes", "Ordinances" and "Regulations" mean, respectively, the Statues, Ordinances and Regulations of the University made under this Act. (g) "teachers' includes Professors, Readers, lecturers and other person imparting instruction in the University or in any College or Hall; 33. Subs, by Act No. 5 of 1952, for the original cl.(h). (h) "teachers of the University" means persons appointed or recognised by the University for the purpose of imparting instruction in the University or in any College; (i) "University" means the University of Delhi; and (j) "Warden" means the head of a Hall. Section3 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 11 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 "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. Section4 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. 44. Subs, by Act No. 5 of 1952 for original cl: (2). (2) to hold examinations and to grant to, and confer degree and other academic distinctions on, person 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, [11. Void 'or' in settled by Act No, 61 of 1962. or] 22. Clause (d) inserted by Act No. 61 of 62. (d) have pursued a course of study by Correspondence, whether residing within the territorial jurisdiction, of the University or not 33. Inserted by Act No. 48 of 1972. [ or have been registered by the University, subject to such conditions as may be laid down in the Statutes and ordinances, as external candidates, being persons residing within the territorial limits to which the powers of the University extend. (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 Universalities 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. 44. Ins. by Act No. 24 of 1943. (9a) to declare, with the Consent of the Colleges concerned, in the manner specified by the Academic Council, Colleges conducting courses of study in the faculties of Medicine, Technology, Music or Fine Arts, as otonomous Colleges: Provided that the extent of the autonomy which each such College may have, and the matters in relation to which it may exercise such autonomy, shall be such as may be prescribed by the Statutes: (9B) to set up one or more College Administrative Councils for two or more Colleges with such composition, powers and functions as may be laid down in the Statutes. (10) to demand and receive payment of such fees and other charges as may be authorised 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, 44. Ins. by Act No. 24 of 1943. (11A) to make grants from the funds of the University for assistance to forms of extra-mural teaching, 55. Subs. by Act No.5 of 1952 for original cl.(12). (12) to make special arrangements in respect of the residence, discipline and teaching of women students, 11. Inserted by Act No. 61 of 1961 and clause (12A) renumbered as (12C). (12A) to acquire, held, manage and dispose of property movable or immovable, including trust or endowed property, for the purposes of the University, (12B) wit the approval of the Central Government to borrow, on the security of University property, money for the purposes of University, (12C) to create administrative and ministerial nd 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 promoting arts, science and other branches of learning. Section5 Territorial exercise powers (1) Save as otherwise provided in this Act the powers of the University conferred by or under this Act 22. lnserted by Act No.61 of l961. [other than these conferred by sub-clause (d) of clause (2) of section 4] shall not extend 33. Subs, by Act No. 5 of 1952 for "beyond a radius of to miles from he Convocation Hall, of the University". [beyond the limits of the Union territory of Delhi], and not withstanding anything in any other law for the time being in force, no educational institution beyond 44. Subs, "that limit" by Act No. 5 of 1952. [ those limits ] shall be associated with or admitted to any privileges of the University. 55. The proviso omitted by ibid. [* * * ] 66. Inserted by Act No.27 of 1981. (1A) Notwithstanding anything contained in sub-section (1), the Central Government may, if it is of opinion that it is necessary or expedient so to do in the public interest, direct by order in writing, the Un0iversity to admit to its privileges any institution situated outside India and the University shall be bound to comply with such direction. (2) Notwithstanding anything in any other law for the time being in force 77. Insterted by Act No. 53 of 1966. [but subject to the provisions contained in Jawahar Lal Nehru University Act, 1966] no educational institution within the 88. Subs. By ibid ,for "aforementioned limit". [aforementioned 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 99. Subs .by Act No. 5 of 1952,for the words "creed or class". [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. Section6 University opens to all classes, castes and creeds The University shall be open to all persons of either sex and of whatever race, 11. The words "where such test is specially prescribed by the Statutes, or, "omitted by Act NO. 5 of 1952. [creed, caste or class] and it shall not be lawful for the University to adopt or impose or 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 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 11. The words "where such test is specially prescribed by the Statutes, or, "omitted by Act NO. 5 of 1952. [***] 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 2[who have consented to receive it. Section7 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. 33. Sub-section(2)rep.byActNo.24ofl943. [*******] (3) The authorities responsible for organizing such teaching shall be prescribed by the Statutes. (4) The courses and curicula shall be prescribed by the Ordinances and subject thereto, by the Regulations. 44. Sub-section (5) omitted by Act No. 5 of 1952. [*****] Section7A Visitor 55. Ins, by ibid. (1) 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 enquiry 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 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, taken 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 the order in writing, anhual 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. Section7B Chief Rector and Rectors 11. Ins. by Act No. 5 of 1952. (1) The Chief Commissioner of the 22. Subs. by A.O.(No.3)of l956,for the words "State of Delhi". [Union territory of Delhi] shall by the Chief Rector of the University. (2) Such persons, as may be appointed in this behalf in accordance with the Statues, shall be the Rectors of the University. Section8 Officers of the University The following shall be the officers of the University- (i) the Chancellor, (ii) the Pro-Chancellor, (iii) the Vice-Chancellor, 33. Subs. by Act No.5 of l952, for the former item. (iv) the Pro-Vice Chancellor, if any, (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. Section9. Rep. by the Delhi University (Amendment) Act, 1952 (5 of 1952). section 10. Section10. Rep. by the Delhi University (Amendment) Act, 1952 (5 of 1952). section 10. Section11. Rep. by the Delhi University (Amendment) Act, 1952 (5 of 1952). section 10. Section12. Rep. by the Delhi University (Amendment) Act, 1952 (5 of 1952). section 10. Section13. Rep. by the Delhi University (Amendment) Act, 1952 (5 of 1952). section 10. Section14. Rep. by the Delhi University (Amendment) Act, 1952 (5 of 1952). section 10. Section15. Rep. by the Delhi University (Amendment) Act, 1952 (5 of 1952). section 10. Section16 Powers and duties of Officers, etc. 44. Subs. by Act No. 5 of 1952, for the original section. Subject to the provisions of this Act, the powers and duties of the officers of the University, the terms for which they shall hold office and the filling of casual vacancies in such offices shall be provided for by the Statutes. Section17 Authorities of the University The Following shall be the authorities of the University- (i) the Court, (ii) the Executive Council, (iii) the Academic Council, 11. Ins. by Act No. 5 of 1952. (iiia) the Finance Committee, (iv) the Faculties, and (v) such other authorities as may be declared by the Statutes to be authorities of the University. Section18 The Court 22. Subs, by Act No. 5 of 1952 for the former section 18. 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. Section19 Meeting of the Court Rep. by the Delhi University (Amendment) Act, 1952(5 of 1952), sec. 14. Section20 Powers and duties of the Court Rep, by the Delhi University (Amendment) Act, 1952 (5 of 1952), sec. 14. Section21 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. Section22 Powers and duties of the Executive Council Rep. by the Delhi University (Amendment) Act, 1952 (5 of 1952)', sec; (4). Section23 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 advice 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. Section24 The Faculties Rep. by the Delhi University (amendment) Act, 1952 (5 of 1952). sec. 14. Section25 Powers and duties of authorities of the Universities 33. Subs, by Act No.5 of 1952,for original section25. Subject to the provisions of this Act, the constitution, powers and duties of the authorities of the University shall be provided by the Statutes. Section26 University Boards The University shall include a Residence, Health and Discipline Board and such other Boards as may be prescribed by the Statutes. Section27 Constitution, etc., of Boards to be prescribed by Ordinances The constitution, powers and duties of the Residence, Health and Discipline Board and of all other Boards of the University shall be prescribed by the Ordinances. Section28 Statutes 11. Subs, by Act No. 5 of 1952, for original section 28. 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; 22. Inserted by Act No.48 of l972,. (hh) the extent of the autonomy which a college, declared as an autonomous College under clause (9A) of section 4, may have and he matters in relation to which such autonomy may be exercised. (hhh) the Composition, powers and functions of College Administrative Councils: (i) the institution of fellowships, scholarships, studentships, exhibitions, medals and prizes; and Section29 Statutes how made 33. Subs by Act No.24 of l943,for the originalsub-section. (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. 44. Substituted by Act No. 48 of 1972. (2) The executive Council may, from time to time, make new or additional statutes or may amend or repeal the statutes: Provided that the 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 the Executive Council: Provided further that except into the prior concurrence of the Academic Council, the Executive Council shall not make, amend or repeal any statute affecting all or any of the following matters, namely- (i) the constitution, powers and duties of the Academic Council, and the other powers which may be conferred and duties which may be imposed, on the Academic Council; (ii) the authorities responsible for organising recognised teaching in connection with the University cources; (iii) the withdrawal of Degrees, Diplomas, Certificates and other academic distinctions; (iv) the establishment and abolition of Faculties, Departments, Halls, Colleges and Institutions; (v) the conditions under which Colleges and other Institutions may be admitted to the privileges of the University and the withdrawal of such privileges; (vi) the institution of Fellowships, Scholarships, Studentships, Exhibitions, Medals and Prizes; (vii) the extent of the- autonomy which a College may have and the matters in relation to which such autonomy may be exercised. (viii)the composition, powers and functions of college Administrative Council; and (ix) the conditions on the fulfilment of which the teachers of Colleges and Institutions may by recognised as teachers of the University; Section30 Ordinances 11. Subs, by Act No. 5 of 1952, for sections 30 and 31. 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 coursed 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. Section31 Ordinances how made (1) The Ordinances of the University as in force immediately before the commencement of the Delhi University (Amendment) Act, 1952, may be amended, repealed or added to at any time by the Executive Council: Provided that- (i) no Ordinance shall be made affecting 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 sub-section 91) but may reject the pro-posal 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 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. Section32 Regulations (1) The authorities 11. The words "and the Boards" omitted by Act NO. 5 of 1952. * * * 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 22. Subs by ibid., for "and Boards". [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 (1): Provided that any authority or Board of University which is dissatisfied with any such direction may appeal to the33. Subs. by Act No.5 of l952 for "Central Govt." [Court], whose decision in the matter shall be final. Section33 Residence Every student of the University 44. The words "the Statues and" omitted by sec. 20, ibid. [other than a student who pursues a Course of study by Correspondence] shall reside in a College or a Hall, or under such conditions as may be prescribed by 55. Inserted by Act No.61 of l961. * * * the Ordinances. Section34 Colleges 66. Subs, by Act No.24 of l943, fororiginal sub-section. (1) The colleges shall be such as may, after the commencement of the Delhi University (Amendment) Act, 1943, (24 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. Section35 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 11. Subs, by Act No. 5 of 1952, for "Statutes". [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. Section36 Admission to University courses Rep. by the Delhi University (Amendment) Act, 1952 (5 of 1952), sec. 22. Section37 Examinations Rep. by the Delhi University (Amendment) Act,. 1952 (5 of 1952), sec. 22. Section38 Annual report 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. Section39 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. (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. Section40 Removal of names of registered graduates Rep. by the Delhi University (Amendment) Act, 1952 (5 of 1952), sec. 24. Section41 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. Section42 Constitution of committee 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. Section43 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. Section44 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. Section45 Conditions of service of officers and teachers 11. Subs. by Act No.5 of l952, for formersec.45. (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 appointed by the officer or teacher concerned and an umpire appointed by the Visitor and the decision of the Tribunal shall be final. Section46 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 or provident funds as it may deem fit. (2) Where any such pension, insurance or provident fund has been so constituted 22. Subs, by Act No. 24 of 1943. [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, 33. Subs. by Act No.32 of l940, for" 1897". [1925], shall apply to such funds, as if it were a Government Provident Fund. 44. The heading "TRANSITORY PROVISIONS" rep. by Act No. 24 of 1943. [********] Section47 Removal of difficulties Rep. by the Delhi University (Amendment) Act, 1943, section 15. Section48 Completion of courses for students at Delhi Colleges Rep. SCHEDULE 1 THE STATUTES OF THE UNIVERSITY Infirmation 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. (5) The Vice-Chancellor shall exercise general control over the affairs of the University and shall give effect to the decisions of the Authorities of the University. (6) All powers relating to the proper maintenance of discipline, in the University shall stand vested in the Vice-Chancellor. 11-H. Pro-Vice-Chancellor - (1) The Pro-Vice-chancellor, if the Executive Council decides that there should be one shall be appointed by the Executive Council on the recommendation of the Vice-Chancellor and one such teims as may be laid down in the Ordinances: Provided that where the recommendation of the Vice-Chancellor is not accepted by the Executive Council, the matter shall be referred to the Visitor who may either appoint the person recommended by the Vice-Chancellor or ask the Vice-Chancellor to recommend another person to the Executive Council. (2) The term of office of the Pro-Vice-Chancellor shall ordinarily be coterminous with the office of the Vice-Chancellor: Provided that, notwithstanding the expiry of the term of his office, the Pro-Vice-Chancellor shall continue in office until his successor is appointed and enters upon his office. (3) On the expiry of the term of his office sthe Pro-Vice-Chancellor shall be eligible for re-appointment. (4) A person appointed as Pro-Vice-Chancellor under Clause (2) or (3) of this Statutes shall retire from office, if, during the term of his office or any extension thereof, he completes the age of 65 years. (5) Subject to the control and supervision of the Vice-Chancellor, the Pro-Vice-Chancel- lor shall perform such duties and exercise such functions and powers as the Vice-Chancellor may specify generally or in individual cases and shall assist the Vice-Chancellor on all matters academic and administrative. When the Vice-Chancellor is on leave or is away from town for any other reason the Pro-Vice-Chancellor shall perform the functions of the Vice-Chancellor. 11-J. Treasurer(1) The Treasurer shall be elected by the Court from among a panel of three persons nominated by the Executive Council. The Council shall obtain the consent of the person concerned before inclusion of his name in the panel so nominated. The election of the Treasurer by the Court shall be subject to the approval of the Visitor. He shall hold office for a term of five years. The election to the office of the Treasurer shall be held either at the annual meeting of the Court or at any other meeting of the Court convened by the Vice-Chancellor. The election shall be by secret ballot. The candidate who obtains the highest number of votes shall be declared to have been elected. In case of tie, the Chairman shall determine by drawing lots in such a manner as he may determine which of the persons shall be deemed to have been elected. The three persons nominated by the Executive Council for election should signify their consent in writing before their names are nominated. (2) He shall be an ex-officio member of the Court and the Executive Council. (3) A casual vacancy in the office of the Treasurer shall be filled by the Executive Council. The person appointed to fill such vacancy shall hold office until the election of his successor either at the next annual meeting or at any other meeting of the Court convened by the Vice-Chancellor. (4) The Treasurer shall exercise general supervision over the funds of theUniversity and shall advise it as regards its financial policy. (5) The Treasurer shall- (a) subject to the control of the Executive Council, manage the property and investments of the University and be responsible for the preparation of the annual accounts and the financial estimates and for their presentation to Executive Council and the Court. (b) subject to the powers of the Executive Council, be responsible for seeing that all monies are expended on the purpose for which they are granted or allotted; (c) convene meetings of the Finance Committee; and (d) exercise such other powers as may be prescribed by the Ordinances. (6) The receipt of the Treasurer 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. 11-K. Registrar (1) The Registrar shall be appointed by the Executive Council and shall be a whole time officer of the University. The terms and conditions of service of the Registrar shall be such as may be prescribed by the ordinances. (2) The Registrar shall be ex-officio Secretary of the Court, the Executive Council, the Academic Council, the Finance Committee and the Faculties, but shall not be deemed to be a member of any of these Authorities. (3) It shall be the duty of the Registrar- (a) to be custodian of the records, Common Seal and such other property of the University as the Executive Council shall commit to his charge; (b) to issue all notices convening meetings of the Court, the Executive Council, the Academic Council, the Finance Committee, the Boards of Studies, and of any Committees appointed by the Authorities of the University; (c) to keep the minutes of all meetings of the Court, the Executive Council, the Academic Council, the Finance Committee, the Faculties and any Committees appointed by the Authorities of the University; (d) to conduct the official correspondence of the Court, the Executive Council and the Academic Council; (e) to supply to the Visitor copies of the Agendas of the meetings of the Authorities of the University as soon as they re issued and the Minutes of the meetings of Authorities ordinarily within a month of the holding of the meeting; (f) in an emergency, when neither the Vice-Chancellor nor the Pro- Vice-Chancellor nor the Director, South Delhi Campus nor the Dean of Colleges is able to act, to call a meeting of the Executive Council forthwith and to take its directions for the carrying on of the work of the University; and (g) to perform such other duties as may, from time to time, be assigned to him by the Executive Council. 11-L. Other officersThe following other persons in the service of the University are hereby declared to be the officers of the University: (1) Dean of Colleges; (2) Director, South Campus; (3) Librarian; and (4) Proctor. 11-M. Dean of Colleges(1) The Dean of Colleges, if the Executive Council decides that there should be one, shall be appointed by the Executive Council on the recommendation of the Vice-Chancellor and on such terms as may be laid down in the Ordinances: Provided that where the recommendation of the Vice-Chancellor is not accepted by the Executive Council, the matter shall be referred to the Visitor who may either appoint the person recommended by the Vice-Chancellor or ask the Vice-Chancellor to recommend another person to the Executive Council. (2) The term of office of the Dean of Colleges shall ordinarily be coterminous with the office of the Vice-Chancellor. Provided that, notwithstanding the expiry of the term of his office, the Dean of College shall continue in office until his successor is appointed and enters upon his office. (3) On the expiry of the term of his office, the Dean of Colleges shall be eligible for re-appointment. (4) A person appointed as Dean of Colleges under Clause (2) or (3) of the Statute shall retire from office if, during the term ofhis office or any extension thereof, he completes the age of 65 years. (5) Subject to the control and supervision of the Vice-Chancellor, the Dean of Colleges shall perform such duties and exercise such functions and powers as the Vice-Chancellor may specify generally or in individual cases and shall assist the Vice-Chancellor on all matters academic and administrative. 11-N. Director, South Campus(l)The Director, South Campus, if the Executive Council decided that there should be one, shall be appointed by the Executive Council on the recommendation of the Vice-Chancellor; Provided that if such recommendation is not acceptedby the Executive Council, the matter shall be referred to the Visitor, who may either appoint the person recommended by the Vice-Chancellor or ask the Vice-Chancellor to recommend another person to the Executive Council. (2) The tetm of off ice of the Director .South Campus Shall be coteminous with the office of the Vice-Chancellor; Provided that the Director, South Campus, shall continue in office until his successor enters upon his office. (3) The Director, South Campus, shall be eligible for re-appointment on the expiry of the term of his office. (4) Notwithstanding anything contained in Clauses (2) and (3) the Director, South Campus, shall retire from officer if, during the term of his office or any extension thereof, he completes the age of 65 years. (5) In all administrative and academic matters concerning those Departments and Colleges that are specified by the Vice-Chancellor, the Director, South Campus, shall exercise all such powers and functions of the Vice-Chancellor as the Vice-Chancellor may specify. (6) The emoluments and other terms and conditions of service of Director, South Campus, shall be prescribed by the Ordinances. 11 -O. When the Vice-Chancellor and the Pro- Vice-Chancellor are on leave or away from town for any reason, the Dean of Colleges/Director, South Delhi Campus shall perform the functions of the Vice-Chancellor according to their seniority from the date of appointment, In the event of the date of appointment of the two officers in their Offices being the same, the seniority will be determined according to their date of birth. 12. Dean(1) The Deanship of a Faculty will rotate amongst the Departments of that Faculty. For that purpose a list of such Departments, in the order reckoned from the date of their establishment, the oldest Department being put first and so on, shall be prepared. Where two or more Departments have been established on the same date, their relative place in the list will be determined by draw of lots. Any person who is the Head of the Department whose turn comes according to the list, shall be the Dean for a period of two years provided that if that person ceases to be the Head before completing the said term, his successor in that Department shall be the Dean for the remainder of the term and provided further that in a case where the turn of such a Department comes where the Dean is to act as the Head, that Department will be bypassed by the one immediately next to it in the list! (1 - A) Notwithstanding anything contained in Clause (1), where there is a Professor in a Faculty, a Reader shall not be appointed as its Dean. In such a situation, if there is a Professor in that Department whose turn comes according to the list, he shall be the Dean; if there is no such Professor, that Department will be bypassed to be followed by next in the list and so on till such time it is ensured that a Professor alone becomes the Dean. (1 -B) When there is no Professor or Reader in a Faculty who can be appointed as its Dean, then the Vice-Chancellor, or the Pro-Vice-Chancellor if so designated by me Vice-Chancellor, shall act as the Dean of the Faculty. (2) The Dean of each Faculty shall be the executive officer of the Faculty, and shall preside at its meetings. (3) The Dean shall issue the lecture lists of the University in the Departments comprised in the Faculty, and shall be responsible for the conduct of teaching therein. (4) The Dean shall have the right to be present and to speak at any meeting of any Committee of the Faculty, but not to vote thereat unless he is a member of the Committee. 12-A. LibrarianThe Librarian shall be appointed by the Executive Council and shall be a whole time officer of the University, he shall exercise such powers and perform such duties as may be prescribed by these statutes or as may, subject to these Statutes, be assigned to him by the Executive Council. 12-B. ProctorThe 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 students, as may be assigned to him by the Vice-Chancellor. The Proctor shall hold office for a term of two years. 13. Warden- The appointment of a Warden shall, in the case of a Hall maintained by the University, be made be the Executive Council, and in other cases be subject to the approval of the Executive Council. The Warden shall hold office for a period of two years. 14. Attachment of Colleges and Halls-(1) Every Under-graduate student not residing in a College or Hall shall be attached to a College or Hall for tutorial help and disciplinary supervision and for such other purposes as may be prescribed by the Ordinances: Provided that special exemption from the provisions of the Statute may be made available to women students under conditions to be prescribed by the Ordinances. (2) Provision for tutorial help to, and disciplinary supervision of Post-graduate students shall be made by the Ordinances. 15. Withdrawal of Degrees and Diplomas- The Court may, on the recommendation of the Executive Council, by a resolution passed with the concurrence of not less than two-thirds of the members voting, withdraw any degree or diploma conferred by the University. 16. Honorary Degrees(1) All proposals for the conferment of Honorary Degrees shall be made by the Academic Council to the Executive Council, and shall require the assent the Court before submission to the Chancellor for confirmation; Provided that, in cases of urgency, by Chancellor may act on the recommendation for Executive Council only. (2) Any Honorary Degree conferred by the University may, with the previous approval of two-thirds of the members of the Court and the sanction of the Chancellor, be withdrawn by the Executive Council. 17. University teachers(1) Teachers of the University shall be of two classes, namely: (1) Appointed teachers of the University; and (ii) Recognised teachers of the University. (2) 'Appointed teachers of the University' shall be either- (a) servants of the University paid by the 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, Readers or Lecturers or otherwise as teachers of the University. (3) 'Recognised teachers of the University' shall be- (a) members of the staff of a recognised College of the University, or (b) members of the staff of a recognised Institution which provided graduate and post graduate courses of study approved by the University: Provided that no such member of the staff of a recognised College or Institution shall be deemed to be a recognised teacher unless- (a) he is recognised by the Executive Council as a Professor, Reader or in any other capacity as a teacher of the University; and (b) his teaching in his own College or Institution relating to graduate and post-graduate courses is approved by the University. 18. Recognition of teachers(1) The qualifications of recognised teachers of the University shall be such as may be determined by the Ordinances. (2) All applications for the recognition of teachers of the University shall be made in such manner as may be laid down by the Regulations made by the Council in that behalf. (3) A person in the service of a College/Institution recognised as Professor or Reader or otherwise as a teacher of the University shall continue to be recognised so long as he is in the service of the College/Institution. (4) The Executive Council may, on a reference from the Vice-Chancellor, withdraw recognition from a teacher: Provided that the teacher or the College concerned may, within a period of thirty days from the date of the order of withdrawal, appeal against the order to the Chancellor whose decision shall be final. 18-A. Subject to the provisions of Statute 6(2) (i), no person shall be appointed or recognised as teacher of the University except on the recommendation of a Selection Committee constituted for the purpose. 19. Selection Committee-1) The Selection Committee for any appointment specified in column (1) of the table hereto annexed shall consist of the Vice-Chancellor, the Pro-Vice-Chancellor (if any), a nominee of the Visitor, and the persons specified in the corresponding entry in column (2) of die said Table: THE TABLE Professor; (i) The Head of the Department concerned, if he is a Professor. If the Head is a Reader, men the Professor, if any, in that Department. (ii) In case of an appointment in the University Medical College or in a Law Centre, the Principal of that College or the Professor-in-Charge of that Centre, as the case may be. (iii) The Head of the Research Institute maintained or recognised by the University in the subject concerned. (iv) Three persons not connected with the University, nominated by the Academic Council for their special knowledge of, or interest in, the subject with which the Professor will be concerned. Reader or (i) The Head of the Department concerned. Lecturer: (ii) in case of an appointment in the University Medical College or in a Law Centre, the Principal of that College or the Professor-in-Charge of that Centre, as the case may be. (iii) Two persons not connected with the University, nominated by the Academic Cou cil for their special knowledge of, or interest in, the subject with which the Reader or Lecturer will be concerned. (iv) The Head of the Research Institute maintained or recognised by University in the subject concerned. Registrar; (i) Treasurer. (ii) Two members of the Executive Council nominated by it. Librarian: Two persons not connected with the University, one nominated by the Executive Council and the other nominated by the Academic Council. (2) The Selecrion Committee for there cognition of teachers of the Collegesshall consist of the following members: (a) (1) for the purpose of recognition a College teacher as a Professor: (I) The Vice-Chancellor, (II) The Pro-Vice-Chancellor, (ifany), (iii) The nominee of the Visitor appointed under Statute 19(1), (iv) The Dean of the Faculty, (v) The Head of the Department concerned if he is a Professor. If the Head is a Reader, men me Professor, if any, in that Department, (vi) Three persons not connected with the University, nominated by the Academic Council for their special knowledge of, or interest in, the subject with which the Professor will be concerned. (2) for the purpose of recognising a College teacher as a Reader: (i) The Vice-Chancellor, (ii) The Pro-Vice-Chancellor,(ifany), (iii) The nominee of the Visitor appointed under Statute 19( 1), (iv) The Dean of the Faculty, (v) The Head of the Department concerned, (vi) Two persons not connected with the University, nominated by the Academic Council for their special knowledge of, or interest in, the subject with which the Reader will be concerned. (b) for the purpose of recognising a College teacher as Lecturer or otherwise as a teacher of the University: (i) TheVice-Chancellor, (ii) The Pro-Vice-Chancellor(ifany), (iii) The nominee of the Visitor appointed under Statute 19(1) (iv) The Dean of the Faculty concerned, (v) The Head of the Department concerned. (3) The Vice-Chancellor, or in his absence, the Pro-Vice-Chancellor, if any, shall preside at the meetings of a Selection Committee. (4) The meetings of a Selection Committee shall be convened by the Vice-Chancellor, or in his absence, by the Pro-Vice-Chancellor, if any. The meetings shall be fixed at a time convenient to the nominee of the Visitor and other persons nominated by the Academic Council/Executive Council. (5) Notwithstanding anything contained in Clauses (1) to (4), the Director, South Campus, shall also be a member of the Selection Committee in respect of appointment of teachers or, for their recognition, as the case may be in respect of such Departments and Colleges in the South Campus as the Vice-Chancellor may specify. (6) The quorum for a meeting of the Selection Committee shall not be complete unless in a case where the number of Visitor' s nominees and the persons nominated by the Academic Council/Executive Council on the Selection Committee is four at least three of them, and where such number is three at least two of them, are present in the meeting. If the quorum is not complete, the meeting shall be adjourned. (7) The Selection Committee shall consider and submit to the Executive Council recommendations as to the appointment referred to it. If the Executive Council is unable to accept the recommendations made by the Committee, it shall record its reasons and submit the case to the Visitor for final orders. 20. Omitted. 21. Omitted. 22. Omitted. 23. Omitted. 24. Omitted. 25. Omitted. 26. The Fellowships and Scholarships instituted by the University are those set out in Appendix 'G' to these Statutes. The conditions for their award shall be prescribed by the Ordinances. 27. Omitted 28. Provident Fund-(l) There shall be a, Provident Fund for the benefit of the officers, Teachers, Clerical staff and other servants of the University: Provided that only persons in permanent whole-time service or persons appointed as whole-time servants for a period of not less than four years or persons appointed as whole-time servants in a temporary capacity and who have completed four years of service shall be entitled to subscribe to the Provident Fund from the date of appointment and that part-time servants and other temporary incumbents of posts shall not be so entitled: Provided further that probationers shall be entitled to subscribe to the Provident Fund retrospectively from the date of their appointment after they have confirmed and in that case the University shall also make its contribution from the said date. Notwithstanding the foregoing provisions and the provisions of Clause (13) (a), (b), (c) persons who are in receipt of any pension from Government if re-employed in the University may be permitted to subscribe to the Provident Fund, provided that where the term of re-employment is initially for a year or less but is later extended so as to exceed one year the contribution with interestwillbecreditedonly after thecompletionofoneyear'sre-employed service. The contribution with interest shall be payable for the entire period for which the re-employed pensioner is allowed to contribute to the Provident Fund if such period exceeds one year. (2) The Management of the Provident Fund shall vest in the Executive Council which may, from time to time, make Regulations or issue such general or special directions as may be consistent with the Statutes as to the conduct of the business of the Fund, or its management. or the privileges of the depositors, not herein expressly provided for, or vary or cancel any Regulations made or directions given: Provided that there shall be a Provident Fund Corrmiitteeconsisting of theVice-Chancellor the Pro-Vice-Chancellor, the Treasurer, the Registrar, the Finance Officer, two members appointed by the Executive Council from amongst its own members and two members elected "by the subscribes to the Provident Fund under Statute 28 and Statute 28-A, for purposes of advising the Executive Council in the matters relating to investments, payments and other matters in respect of Provident Fund. All members of the Provident Fund Committee, other than ex~officio members, shall hold office for a term of two years. (3) (i) Every servant of the University entitled to subscribe to the Provident Fund and receiving a salary of thirty rupees per mensem or more shall be required to subscribe to the Provident Fund. (ii) No employee of the University shall be entitled to the benefits of the Provident Fund whose services in the University entitle him to a pension or on whose account the University contributes towards his pension or who has been appointed by the University on a consolidated salary or on special terms. (iii) The Executive Council, may in the case of a person appointed to a substantive post, permit the transfer to the Provident Fund of any moneys standing to his credit in any recognised Provident Fund to which he was a subscriber immediately before his appointment in University, and may, with his consent, make such arrangements with the authorities of that other Provident Fund for the purposes of the transfer, whether in the form of cash or of securities, or of both as may be convenient. (4) Every servant of the University entitled to the benefits of the Provident Fund shall be required to sign a written declaration in the prescribed from he has read this Statute and agrees to abide by it, and shall hand in for registration in the University office the names of the person or persons to whom he wishes the balance at his credit to be paid in the event of his death. A subscriber may, from time to time, add or change his nominee by written application to the Executive Council. A register of such of nominees shall be kept in the University Office. (5) The rate of subscription shall be 8-1 /3% of the monthly salary, rounded off to the nearest rupee, and the amount calculated on this basis shall be deducted from the monthly salary of the employee: Provided that a subscribed may be permitted to subscribe a hig her percentage of bis salary in whole rupees subject to a maximum to be fixed by the Executive Council: Provided further that no subscription or contribution shall be made to the Provident Fund by an employee who is on leave without pay. (6) The University shall, in the case of each employee, contribute to the Fund a sum equal to such percentage of his salary, rounded off to the nearest rupee as may be approved by the Central Government Provided that in the case of a person holding a permanent post in the University immediately before the commencement of the Delhi University (Amendment) Act, 1952, the rate of contribution by the University shall not be less than that which was payable by it immediately before such commencement. (7) (i) All amounts accruing to the Fund shall be placed in a nationalised Bank to the operated in such manner as the Executive Council may direct. The balance of the Fund, after reserving suitable amounts for current needs, shall be invested in long term deposits in a nationalised Bank or in the Post Office or in investments authorised by the Indian Trust Act of 1882 at the discretion of the Executive Council. Interest at the rate fixed for the purpose by the Executive Council from time to time, shall be credited to each subscriber's account. (ii) The subscription paid by the subscriber and the contribution by the University shall be entered monthly in a separate account for each subscriber. (iii) The accounts of the Fund shall be audited once a year and a statement of the total amount to the credit of each subscriber shall be furnished to him. (8) A subscriber at the termination of his service shall be entitled to receive the amount which accumulates to his credit. (9) On the subscriber's death, the amount at the credit of the subscriber shall be paid to the person or persons duly nominated by him or when no such nomination is made, to his legal heir or heirs. (10) The amount at the credit of a subscriber shall not be subject to any deduction even to cover loss or damage sustained by the University through the subscriber's misconduct or negligence. (11)(i) No final withdrawal shall be allowed until the termination of the subscriber's service of his death. But in case of necessity of which the Executive Council shall be the sole judge, the Executive Council may allow a subscriber an advance of a sum not exceeding the total amount subscribed by him. (11) Recoveries towards the amount shall be made in equal monthly instalments not exceeding thirty as may be decided by the Executive Councilcommencing for the first payment of a full month's salary after the advance is granted but no recovery shall be made from a subscriber when he is on leave than on full pay. (in) When an advance is sanctioned under sub-rale (2) before repayment of last installment of any previous advance is completed the balance of any previous advance not recovered shall be added to the advance so sanctioned and the installments for recovery shall be fixed with reference to the consolidated amount. (iv) An employer who does not withdraw any amount from his Provident Fund account either as a loan or as final withdrawal shall be entitled to a Bonus on the subscription made by him during a financial year. Such Bonus shall be calculated at the rate of 3% of the subscription for such of the employees whose total emoluments do not exceed Rs. 500/- and the rate of 1% in case of those whose emoluments exceed Rs. 500/- per month. For purposes of calculation of Bonus the emoluments will be taken as on 31st March of the preceding year. However, in the case of subscribes whose Life Insurance Policies are financed through the Provident Fund subscription, the Bonus shall be calculated on the net subscription during the year after deducting the amount of Life Insurance premium paid during the year. The amount of Bonus so calculated shall be credited to the amount of the subscriber at the end of each financial year. (12) Notwithstanding the provisions of the preceding Clauses of this Statute, all matters relating to, or arising out of the constitution and management of the Provident Fund specified in Clause (1) of this Statute shall, in respect of the period prior to the 19th day of June, 1928, be governed and regulated by the original Statute made in that behalf on the 28th Day of September, 1922,by the Central Government in exercise of the power conferred on it by Section 47 of the Act. (13) When a subscriber leaves the University or dies in the service of the University, the Executive Council shall, on the recommendation of the Provident Fund Committee, make payment to him or his estate or person or persons nominated by him under Clause (4) out of the Provident Fund under the following conditions: (a) If a subscriber leaves or dies before completing four years service, he shall be entitled to the amount which he himself has subscribed together with the interest thereon and the remaining amount shall be paid back to the University. (b) If a subscriber leaves or dies after completing four years 'but less than eight years' service, he shall be entitled to the full amount contributed by him with interest together with half of the amount contributed by the University with interest. (c) If a subscriber leaves or dies after completing eight years' service, he shall be entitled to the total amount standing to his credit in the Provident Fund on the date of his creasing to be in service. (d) When a sum becomes payable to a subscriber under items (b) and (c) above, the Treasurer of the University will be entitled to deduct there from any amount due under any liability incurred by the subscriber to the University but not exceeding in any case the total amount of any contribution credited to the account of the subscriber by the University and of any interest which has accrued on such contributions: Provided that the above provisions shall not apply to persons who were subscribes to the Provident Fund before these provisions came into force. (14) Notwithstanding anything contained in the preceding Clause of this Statute, a subscriber who ceases to be in service of the University by reason of his taking up an appointment with another University or an educational institution or a national laboratory, may be declared to be entitled to the contribution of the University in accordance with the rules framed by the Executive Council. (15) On a written application from a subscriber to the Provident Fund and with the approval of the Executive Council, the University may allowpremia on the Life Insurance Policy of the subscriber to be paid out of the subscriber's share in his Provident Fund. In all such cases the Life Insurance Policy for which the premia are so paid shall be assigned in favour of the University. On the retirement of the subscriber from the service of the University the policy shall be re-assigned to him by the University. In case of maturity of the policy during the service of the subscriber in the University, the full amount of the policy shall be credited to the Provident Fund of the subscriber. In case of the death of the subscriber, during the service of the University, the full amount of the policy shall be paid to the legal representative of the deceased entitled to the Provident Fund. (16) The word 'Subscription', wherever it occurs in this Statute, means the amount paid by the subscriber and similar the word 'Contribution' means the amount contributed by the University. 28-A. In this Statute unless there is anything repugnant in the subject or context: (a) 'Emoluments' means emoluments which a member of the staff was receiving immediately before the date of his retirement or relinquishement of service and includes- (1) Substantive pay in respect of a permanent post other than a tenure post held in a substantive capacity; (2) Dearness Pay admissible in respect of (1) above ; (3) Personal allowance which is granted in lieu of loss of substantive pay in respect of a permanent post other than a tenure post; (4) Fees or Commission if they are authorised emoluments of an appointment and are in addition to pay (in this case emoluments means the average earning for the last six months of service); (5) Special pay attached to the permanent post other a tenure post when the special pay has been sanctioned permanently and the post is held in a substantive capacity; (6) Save as otherwise provided in sub-clause (aa) one half of- (i) the difference between the emoluments referred to in (1), (3) and (5) above and the pay actually drawn in higher officiating or temporary appoints; (ii) Special pay other than referred to in (5) above; (iii) pay drawn in temporary or officiating appointments; (iv) Personal allowance other than that referred to in (3) above; (v) the difference between the substantive pay and the pay actually drawn in higher tenure appointment whether held in substantive or officiating capacity, provided that service in the tenure appointments does not qualify for the grant of a special additional pension. (aa) If an employee holding a permanent post in a substantive capacity; (i) Officiating in a higher post (other than a tenure post) continuously for not less than 3 years and retires or dies while holding the higher post; or is confirmed in such higher post at any time during the last three years of his service after having officiated in that post continuously for three years or more ; his emoluments for pension in respect of the higher post for any period beyond three years continuous service in that post shall be determined under Clause (1)(a) as if he held that post in a substantive capacity. (ii) for computing the length of continuous service in respect of a higher post under Clause (i) above, all kinds of leave all periods during which an employee officiated in a higher post, and the time spent on deputation and foreign service shall be included, provided that it is certified that but for his proceedings on leave or serving in other post for going on deputation or foreign service, as the case may be, the employee concerned would have officiated in or held the higher post. (aaa)In respect of an employee retiring from service on or after 1-7-1968 the term 'Emoluments' means the pay as defined in Clause 1 (f): Provided further that for purpose of calculation of the amount of gratuity admissible to a person in receipt of an emoluments in excess of Rs. 1800/- p.m., his emoluments shall be reckoned at Rs. 1800/- p.m., (In respect_of employees who retire on or after the 1st January, 1973 the maximum ceiling of emoluments to be taken into account for calculation of gratuity has been raised to Rs 2.500/- permensem). (aaaa) Provided further that if immediately before retirement or relinquishment of service, an employee has been absent from duty on leave with allowances, his emoluments for the above purpose shall be taken at what they would have been had he not been absent from duty, i (b) 'Average emoluments' means the average of the emoluments as defined above, A calculated in respect of the last three years of service. In the case of employees who retired on or after 29th February, 1976, the average emoluments shall be determined with reference to the emoluments calculated in respect of the , last ten completed months of service. (c) 'Family' for the purpose of General Provident Fund and Contributory Provident Fund means- (i) In the case of a male subscriber, the wife or wives and children of a subscriber and the widows and children of a deceased son of the subscriber: Provided that if a subscriber proved his wife has been judicially separated from him or has ceased under customary law of the community to which she belongs to be .entitled to maintenance, she shall henceforth be deemed to be no longer a member of the subscriber's family, in matters to which these rules relate, unless the subscriber sabsequently intimates in writing to the Registrar that she shall continue to be so regulated. (ii) In the case of a female subscriber, the husband, children of the subscriber, and the widows and children of a deceased son of the subscriber: Provided that if a subscriber by notice in writing to the Registrar expresses her desire to exclude her husband from her family, the husband shall henceforth be deemed to be no longer a member of the subscriber' s family in matters to which these rules relate, unless the subscriber subsequently cancels such notice in writing. (d) 'Fund' means the General Provident Fund or the Contributory Provident Fund of the University as per context. (e) 'Leave' means any variety of leave recognised by the University. (i) 'Pay' means the amount drawn monthly by a person as pay which has been sanctioned for the post held by him substantively or in an officiating capacity and includes special pay and personal pay if any. (g) 'Personal pay' means additional pay granted to a person- (i) to save him from a loss of substantive pay in respect of a permanent post owing to a revision of pay or to any reduction of such substantive pay-otherwise than as a disciplinary measure; or (ii) in exceptional circumstances on other personal consideration. (h) 'Qualifying Service' means service rendered by a person in a substantive capacity including periods spent on probation. All service rendered to the University on a full time basis in a temporary or officiating capacity followed without interruption by confirmation in the same or another post shall count as qualifying service except in respect of periods of service paid from 'Contingencies'. Explanation I- Counting of period of leave as qualifying service, (i) All periods of leave with pay and allowances shall count as qualifying service. (ii) The periods spent on deputation for training or deputation for any special purpose including periods of travel to and from the country of deputation shall count as qualifying service; provided that if the employee has availed himself of any extraordinary leave without allowances during the period of deputation, the period of such extraordinary leave shall be excluded. Explanation II- period not counting as qualifying service. The following periods in the service of a person shall not count as qualifying service: (i) Time passed under suspension by a person pending enquiry into his conduct, if the suspension is not immediately followed by reinstatement. (ii) Extra-ordinary leave without allowances. (iii) Unauthorised absence in continuation of authorised leave of absence. (iv) Service below the age of 18 years. (v) The period of break in service even though condoned by the Executive Council. (i) If it is taken for academic pursuits directly connected with the teaching/research job of the employees in the University. (ii) If it is taken on medical certificate. (iii) If it is taken to take full time assignments in another University/Institution or any other Authority and that the University/Institution/Authority or the person concerned makes necessary contribution towards retirement benefits. (iv) If it is taken to take full time assignments in another University/Institution or any other Authority and that the University Institution/Authority or the person concerned makes necessary contribution towards retirement benefits. (i) 'Special Pay' means an addition of the nature of pay to emoluments of a post or of a person granted in consideration of the specially arduous nature of his duties or of a specific addition to his work of responsibility. (j) 'Year' means the financial year of the University. (k) 'Injury' means bodily injury resulting from violence, accident or disease, assessed by the Consulting Medical Officer of the University as being not less than severe involving loss of earning power. (ii) A mishap due to an act of devotion to duty in an emergency arising otherwise than by violence out of and in the course of service. (m) 'Disease' means-(i) disease solely and directly attributable to an accident; or (ii) an epidemic disease contracted by a person in consequence of his being ordered on duty to an area in which such disease is prevalent, or in consequence of his attending voluntarily, out of humanitarian motive, upon any patient suffering from any such disease in an area where he happens to be in the performance of his duties; or (iii) venereal disease or septicaemia where such disease or septicaemia is contracted by a Medical Officer as a result of attendance in the course of his official duty or an infected patient or of conducting a post mortem examination in the course of that duty. , (n) "Risk of Office" means any risk not being a special risk of accident or disease to which a person is exposed in the course of and as a consequence of his duties but nothing shall be deemed to be a risk of office which is a risk common to human existence in modern conditions in India, unless such risk is definitely enhanced in kind or degree by the nature, conditions, obligations or incidents of service. (o) ' Special risk' means-(i) a risk of suffering injury by violence; (ii) a risk of injury by accident to which a person is exposed in the course of and as a consequence of the performance of any particular duty which has the effect of materially increasing his liability to such injury beyond the normal risks of his office; iii) a risk of contracting disease to which a Medical Officer is exposed as a result of attending in the course of his official duty to a venereal or septicaemia patient or conducting a post mortem examination in pursuance of that duty. (p) 'Violence' means the act of a person who inflicts an injury on an employee: (i) by assaulting or resisting him in the discharge of his duties, or in order to deter or prevent him from performing his duties; or (ii) because of anything done or attempted to be done by such member of the staff or by any other member of the staff in the lawful discharge of his duty as such; or (iii) because of his official position. (q) 'Employee' means members of the staff (both academic and non-academic) of the University. (r) 'University' shall mean the University of Delhi as defined in the Act. (s) 'Registrar' shall mean the Registrar of me University of Delhi. (t) 'Vice-Chancellor' shall mean the Vice-Chancellor of the University of Delhi. (u) 'College' shall mean an affiliated or constituent College of the University of Delhi in receipt of maintenance grant from the University Grants Commission.2. Notwithstanding any provisions of Statute 28- (a) A person who joins the University service on or after the 1st day of April, 1964, who was a subscriber to the Provident Fund under Statute 28, shall be entitled to subscribe to one of the two alternative schemes, i. e., to the General Provident Fund cum Pension cum Gratuity Scheme set out in Appendix 'A' or to the Contributory Provident Fund cum Gratuity Scheme set out in Appendix 'B'. He shall have the option to continue to subscribe in terms of Statute 28; (b) A person who joined the University service before the 1st day of April 1964 and who, for that reason, had been permitted to contribute to the Provident Fund under Statute 28, may continue to be governed by the provisions of that Statute, or, may, at his option, elect to be governed instead, either by the General Provident Fund cum Pension cum Gratuity Scheme set out in Appendix 'A' or by the Contributory Provident Fund cum Gratuity Scheme set out in Appendix 'B' to this Statute. The option provided for in this sub-clause shall be exercised and communicated to the Registrar, in writing on or before the date to be specified by the Executive Council and when once exercised, shall be final. The service of such person who opts for General Provident Fund cum Pension cum Gratuity Scheme shall be deemed to have been in the pensionable post from the commencement of his service in the University, irrespective of the period of service for which the person might have subscribed to the Provident Fund: Provided that a person who was in the University service before the 1st day of April 1964, and who, retired on or after the 1st day of April, 1964 before having the opportunity of exercising the option under this sub-clause shall be entitled to exercise an option to opt for either the scheme set out in Appendix 'A' or the Scheme set out in Appendix 'B' and the Executive Council shall have the discretion to accede to the request of the said nominee or nominees of the deceased; (c) A person who holds a temporary appointment in the service of the University on the 1st day of April, 1964 shall, after continuous service of one year, be entitled to the benefits of General Provident Fund cum Pension cum Gratuity Scheme set out in Appendix 'A' to this Statute, from the date of commencement of service or from 1st April, 1964 whichever is earlier. 3. Notwithstanding anything contained in the preceding Clause, a person appointed on contract, a part time employee and the retired pensioner, deputationist, purely temporary, and daily wage staff shall not be entitled to the benefits of the General Provident Fund cum Pension cum Gratuity Scheme as contained in Appendix 'A' and the Contributory Provident Fund cum Gratuity Scheme as contained in Appendix 'B' except to the extent provided for therein: Provided that a person who is initially appointed on contract and is subsequently continued permanently shall have, on cancellation of his contract terms, the option to choose either the Scheme set out in Appendix 'A' or the Scheme set outin Appendix 'B' and he shall have for the purpose of these schemes, the benefit of the service rendered under contract, if the retirement benefits under the contract terms are paid back by him to the University. 4. A person joining the University after leaving the service of another University shall, in the event of his permanent absorption in the University, be allowed retirement benefits in respect of his previous service rendered under the old University, provided that there is no break in the service excepting for the admissible transit time to join the new post and the service rendered is qualifying. This would also cover cases of employees of Colleges affiliated to the Delhi University, receiving maintenance grant from the University Grant Commission (i. e an employee from a College of the Delhi University coming over to the Delhi University and vice-versa). The aforesaid employees will, however, not be allowed to change over from the scheme in Appendix 'A' to that in Appendix 'B' or vice-versa. 2. Another University means a University established or incorporated by or under a Central Act, and the Indian Institute of Science, Bangalore. 5. The sanction and payment of retirement benefits admissible under this Statute shall be regulated by such procedural instructions as would be issued by the Executive Council. 6. If any question arises relating to the interpretation of this Statute, it shall be referred to the Visitor whose decision thereon shall be final. 29. Omitted. 30. (1) (A) (i) The University may establish and maintain such Post-Graduate Colleges, Institutions and Halls as may be decided upon by the Executive Council from time to time. (ii) The organisation, conditions of maintenance and management of such Colleges, Institutions and Halls shall be prescribed by the Ordinances. (B) Colleges shall be of two types, namely, Constituent and Affiliated. Constituent Colleges will be those Colleges and Institutions which will impart instruction at least up to the Honours standard, or for a Bachelor's Degree in a professional course recognised as such by the University. Affiliated Colleges will be those Colleges and Institutions which will impart instruction up to the Bachelor's Pass Degree excluding a degree in a professional course. (C) Colleges and other Institutions within the limits of State of Delhi, may be admitted to such privileges of the University as the Executive Council may decide on the following conditions, namely: (i) Every such College or Institution shall have a regularly constituted Governing Body, consisting of not more than twenty persons approved by the Executive Council and including, among others, at least two representives of the University and at least three representatives of the teaching staff of whom the Principal of that College or Institution shall be one. The rules relating to the composition and personnel of the Governing Body, and those relating to other matters affecting the management of the College shall conform to the Statutes and the Ordinances of the University and the Conditions of Government Grant to Colleges. Such rules and the personnel will require the approval of the Executive Council: Provided that the said condition shall not apply in the case of Colleges and Institutions maintained by Government which shall, however, have an Advisory Committee, which shall consist of, among others, at least three teachers including the Principal of the College or Institution, and two representatives of the University. (ii) Every such College or Institution shall satisfy the Executive Council on the following pints, namely: (a) The suitability and adequacy of its accommodation and equipment for teaching; (b) the qualifications and adequacy of its teaching staff and the conditions of their service; (c) the arrangements for the residence, welfare, discipline and supervision of its students; (d) adequate financial provision has been made for the continued maintenance of the College; and (e) such other matters as are essential for the maintenance of the standards of University education. (iii) No College or Institution shall be admitted to any privileges of the University except on the recommendation of the Academic Council made after considering the report of a Committee of inspection appointed for the purpose by the Academic Council. (iv) Organisation/Colleges and Institutions desirous of admission to any privileges of the University shall be required to intimate their intention to do so in writing so as to reach the Registrar not later than the 15th August, preceding the year from which permission applied for is to have effect. (v) A College may not, without the previous permission of the Executive Council and the Academic Council suspend instruction in any subject or course of study which it is authorised to teach and teaches. (D) The Executive Council may, if it is satisfied, after such inquiry as it may think fit to make, that: (a) the affairs of such College or institution are being managed in a manner prejudicial to the interests of the University or of such College or Institution or of the teachers or students thereof; or (b) teaching is being conducted in such College or Institution in a manner prejudicial to the standards of teaching in the University or any other activity of the University or to public interest appoint to the regularly constituted Governing Body of such College or Institution such number of additional members, not being more man one-half of the total number of members of the Governing Body, and for such period as it may think fit but no exceeding three years on any one occasion: Provided that the person appointed as an additional member on the regularly constituted Governing Body of a College or Institution shall, notwithstanding the expiry of the term of office of the members of the regularly constituted Governing Body, hold office as additional member of such Governing Body for the period specified in the order appointing him as such member but any such additional member may be recalled from his office as such at any time by the Executive Council and any other person may be appointed in his place to fill the vacancy caused by such recall. (2) Appointment to the teaching staff of such College or Institution shall be made on the recommendation of a Selection Committee, which shall include the Principal (unless the post to be 'filled is that of the Principal), at least one of the representatives of the University on the Governing Body and one expert nominated by the Academic Council. Provided that the provisions of this Clause shall not apply in the case of Colleges and Institutions maintained by government, (3) The service conditions of me Administrative and other non-academic staff of every such College shall be in accordance with those laid down by the University for similar posts in the University: Provided that the provisions of this Clause shall not apply in the case of College and Institutions maintained by government. (4) Every such College or Institution shall be inspected at least once in every two academic years by a Committee appointed by the Academic Council, and the report of that Committee shall be submitted to the Academic Council, which shall forward the same to the Executive Council, with such recommendations as it may deem fit to make. The Executive Council, after considering me report and the recommendations, if any, of the Academic Council, shall forward a copy of the report to the Governing Body of the College or Institution with such remarks, if any, as it may deem fit, for suitable action. (5) The Executive Council may, after consulting the Academic Council, withdraw any privileges granted to a College or Institution if at any time it considers that the College or Institution is not fulfilling the requisite conditions: Provided that before any privileges are so withdrawn the Governing Body shall be given an opportunity to represent to the Executive Council why such action should not be taken. (6) Subject to the conditions set forth above the Ordinances may prescribe any other conditions which may be considered necessary and also the procedure for the admission of Colleges and Institutions to the privileges of the University and for the withdrawal of those privileges. 30-A. Omitted 31. Omitted. 32. Omitted. 33. Omitted. 34. Omitted. 35. Omitted. 36. Omitted. 37. Seniority- (1) Whenever, in accordance with these Statutes, any person is to hold an office or be a member of any Authority of the University by rotation, according to Seniority such Seniority shall be determined according to the length of continuous service of such person in his grade or post, as the case may be, and in accordance with such other principles as the Executive Council may, from time to time, prescribe. (2) It shall be the duty of the Registrar to prepare and maintain, in respect of each class of persons, to whom the provisions of this Statute apply, a complete and up-to-date Seniority list in accordance with the provisions of the foregoing clause. (3) If two or more persons have equal length of continuous service in a particular grade or post, or the relative Seniority of any person or persons is otherwise in doubt, the Registrar may on his own motion, and shall, at the request' of any such person, submit the matter to the Executive Council whose decision thereon shall be final. 38. Notwithstanding anything contained in these Statutes; (i) a person who hold any post in the University or is a member of any Authority or body of the University in his capacity as a member of a particular Authority or a Body or as the holder of a particular appointment shall hold office so long only as he continues to be a member of that particular Authority or Body or the holder of that particular appointment, as the case may be: (ii) where a teacher of the University or the Principal of a college is placed under suspension he shall during the period of his suspension be disabled from exercising any rights, duties or privileges attached to the membership of any Authority or Body of the University of which he may be a member. 39. Notwithstanding anything contained in these Statutes, no person who is not ordinarily resident in India shall be eligible to be an officer of the University or a member of any Authority of the University. 40. (1) Any member, other than an ex-officio member, of the Court, me Executive Council, the Academic Council or any other University Authority 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) other than a Dean, 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. 41. (1) Any member of the Court, the Executive Council or the Academic Council may be removed by a resolution of the Court the Executive Council, or the Academic Council, as the case may be, passed by a majority of not less than two-thirds of its members on either of the following grounds, namely: (i) The member has become incapable of performing his duties; and (ii) the member has been convicted by a Court of law of an offence which, in the option of the Court, the Executive Council or the Academic Council, as the case may be, involves moral turpitude. (2) Notwithstanding anything contained in the terms of his appointment any officer of the University, salaried or otherwise may be removed from that office by the Authority which is competent to fill the vacancy on either of the following grounds, namely: (i) the officer has become incapable of performing his duty; and (ii) the officer has been convicted by a Court of law of an offence which, in the opinion of the Court, the Executive Council or the Academic Council, as the case may be, involves moral turpitude: Provided that nothing in this Clause shall be deemed to affect any rights accruing to an officer appointed on contract in accordance with the terms of that contract. 42. Where, by the Statutes or the Ordinances, no provision is made for a President or Chairman to preside over a meeting of any University Authority, Board or Committee or when the President or Chairman so provided for is absent, the members present shall elect one of their number to preside at the meetings. 43. (1) There shall be an Alumni Association established for the Delhi University, hereinafter referred to as the Association. (2) All those who were members of the Association immediately prior to this Statute coming into force, shall continue to be its members. (3) Any graduate of the Delhi University of at least 5 years standing, counting from the date he had been admitted to the degree of the University either at Convocation or in absentia, can be a member of the Association on making an application in the form prescribed by the University and on payment of Rs. 1/- as registration fee. (4) The Registrar on being satisfied that the Application is in order, and on receipt of the prescribed fee, shall cause the name of the applicant to be enrolled as a member of the Association. |
| Delhi State Acts |