Section 1419 in Aligarh Muslim University Act, 1920
1419.
Object and Reasons.- Act 62 of 1951.- The University Education Commission, while making certain recommendations in regard to University education generally, have also dealt with certain special problems relating to the Central Universities at Bananas, Aligarh and Delhi. These recommendations were generally approved by the Central Advisory Board of Education at their meeting in April, 1950. The Government of India, after careful consideration of the matter, have decided that while it is not necessary to change the names of the Banaras and Aligarh Universities the disqualifications imposed by the respective Acts on non-Hindus and non-Muslims being members of the Court of the University should be removed. They have also decided that other recommendations of the University Education Commission, in so far as they relate to the Central Universities, should be implemented as far as possible. It is,therefore, now proposed to amend the Aligarh Muslim University Act in order to give effect to those recommendations.2. The main features of the Bill are(i) religious instruction is to be given only to those who wish to receive it, as required by Article 28 (3) of the Constitution;(ii) membership of the Court is to be thrown open to all persons irrespective of religion or caste;(iii) the President of India is to be the Visitor of the University and he shall exercise the same powers as he does now as Lord Rector of the University;(iv) The Governor of Uttar Pradesh will be the Chief Rector of the University and provision is also made for the appointment of other persons as Rectors;(v) provision for a Visiting Board is to be abolished.3. Advantage is taken of this opportunity to make a few other minor amendments so as to bring this Act into line with the other two Central Acts wherever necessary.4. The first Statutes which formed part of the Aligarh Muslim University Act, had been considerably amended by the Court, and it is therefore proposed that the Central Government should assume power for a temporary period to make modifications in the Statutes, so as to bring them into accord with the Act, as now amended, and the recommendations of the University Education Commission.5. Amendments consequential on the recommendations of the University Education Commission have already been undertaken with regard to the Banaras Hindu University Act". Gazette of India, 9-6-1951. Pt. II-Sec. 2, page 410.Act 19 of 1965.- On 25th April, 1965 grave disturbances took place in the Aligarh Muslim University Campus in which the University students caused injuries to some members of the Court which was then in, session. The Vice-Chancellor who was made the principal target of concerted attack sustained serious injuries, providentially escaping more dire consequences. The University was indefinitely closed.Enquiries revealed that the disturbances were too well organised to be sporadic and seemed to flow from certain unhealthy influences which for some time had been adversely influencing the efficiency and the academic purposes of the University.After carefully considering the various factors which culminated in the aforesaid disturbances involving violence and closure of the University, Government came to the conclusion that the University could not reopen and resume normal functioning without certain immediate measures being taken to change the administrative set up of the University. As Parliament was not in session at the time and the need for administrative reorganisation was imperative, the President promulgated the Aligarh Muslim University (Amendment) Ordinance, 1965 on the 20th May, 1965. The present Bill seeks to replace the Ordinance by an Act of Parliament.The principal objects of the Bill in the immediate future are (i) to provide an administrative structure within which the University's return to normal functioning and pursuit of basic academicpurposes may be facilitated and ensured, and (ii) further to ensure that, as an emergency measure and pending long term legislation about the University to be brought in the near future before Parliament by Government, it makes the transition from chaos to order both brief and smooth.The main features of the Bill are :(a) the reconstitution of the Court of the University as an advisory body and reduction in the number of its membership;(b) the reconstitution of the Executive Council;(c) vesting of certain powers in the Vice-Chancellor and the Registrar in the matter of discipline. Gazette of India, 16-8-1965, Pt. II, Section 2, Ext., p. 638.Act 34 of 1972.- As a result of the disturbances that took place in the Aligarh Muslim University in April, 1965, the President promulgated the Aligarh Muslim University (Amendment) Ordinance, 1965 on the 20th May, 1965 to amend the Aligarh Muslim University Act, 1920. The Ordinance was later replaced by the Aligarh Muslim University (Amendment) Act, 1965. Both the Ordinance and the amending Act were temporary measures to tide over the difficult situation which was prevalent in the University at that time and the intention was to bring before Parliament, in the due course, a comprehensive long-term legislation for the University.2. The proposed long-term legislation could not be introduced on account of certain developments beyond the control of the Government. The intention all along was that the legislation for the Benaras Hindu University and the Aligarh Muslim University should be broadly on similar lines. In the year 1968, there was serious unrest and agitation in the Benaras Hindu University and an Inquiry Committee was appointed by the Visitor. In pursuance of the report submitted by the Inquiry Committee in 1969, short-term legislation to amend the Benaras Hindu University Act was passed by Parliament in 1969. The long-term recommendations of the Committee were still under consideration when the University Grants Commission appointed high powered Committee on Governance of Universities and colleges. It was decided by Government that the report of this Committee should be awaited before introducing long-term legislation for the Benaras Hindu University as well as the Aligarh Muslim University.3. Meanwhile, the Aligarh Muslim University decided to hold its Golden Jubilee Celebrations in December, 1970. The University was anxious to have a democratic set up before that time. In order to satisfy same and amend certain provisions of the Act with a view to providing for a democratic set-up of the Court and Executive Council of the University. Accordingly the Aligarh Muslim University (Amendment) Bill, 1970 was introduced in the Rajya Sabha on August 31, 1970.4. The University subsequently decided to postpone its Golden Jubilee Celebrations and the purpose of introduction of the Bill thus having been defeated, the Bill was proceeded with further. It is proposed to withdraw the said Bill.5. The report of the Gajendragadkar Committee on Governance of Universities was received by Government in July 1971. Recommendations of the Committee were accepted both by the University Grants Commission and Government in principle. It was also decided to amend the Acts of Central Universities in the light of the recommendations made by the Committee. Based on the recommendations of the Committee and taking into account other relevant factors, Government decided to introduce comprehensive legislation for the Aligarh Muslim University. The Bill seeks to achieve this purpose.The main features of the Bill are(i) The University is being given additional powers, important among which are : Provision for instruction through correspondence courses or any other method; establishment of special centres and specialised laboratories and such other units for research and education as are necessary for the furtherance of the objects of the University within a radius of 25 kilometres of the University; and appointment of persons working in any other University, institution or organisation as teachers of the University.(ii) In view of the persistent demand for preserving the residential character of the University, the provision in the Act of the University for affiliation of colleges is being deleted.(iii) The mode of appointment of officers of the University is being revised in the light of the recommendations made by the Gajendragadkar Committee. The Chancellor will hereafter be appointed by the visitor out of a panel of names submitted by the Executive Council instead of being elected by the Court. The Vice-Chancellor will be appointed by the visitor on the recommendation made by the Committee consisting of two nominees of the Executive Council and one nominee of the Visitor. Provision is being made for retirement of the ViceChancellor/Pro-Vice-Chancellor on attaining the age of 65 years. The term of the Vice-Chancellor is being reduced from 6 to 5 years with eligibility for re-appointment.(iv) The constitution and functions of the Court, the Executive Council and the Academic Council and other authorities of the University are being revised in the light of the recommendations made by the Gajendragadkar Committee. The Court will hereafter be a "deliberative" body and will not be saddled with the authority to overrule the decisions of the Executive Council and other bodies of the University. It is, however, being vested with powers to review the broad policies, programmes of the University and to suggest measures for its improvement and development. The Court will consist of 104 members, of whom 64 will be internal members and 40 external members. The members of the Court will inter alia include 15 representatives of students. The Executive Council will be the principal executive body of the University and will consist of 19 members, a majority of whom will be teachers of the University. The Academic Council will now have the general supervision over the academic policies of the University and will no longer be concerned with details. The Finance Committee, which was hitherto an authority of the University will now be a sub-committee of the Executive Council.(v) Provision is being made for the establishment of a Students, Council as an authority of the University. The Council shall have the power to make recommendations to the University authorities in matters affecting the academic work of the students and about the rules affecting the discipline, welfare, management of hostels, etc.(vi) Each Department will have a Board of Studies which will make recommendations to the Faculty regarding academic matters concerning the Department. Provision is also being made for Departmental Committees in the case of departments having more than twenty teachers.(vii) The powers of the University to make Statutes, Ordinances and Regulations are being enlarged to include matters like manner of appointment of staff, procedure for arbitration and appeal, Associations of teaching and non-teaching staff, participation of students in the affairs of the University, maintenance of discipline etc.(viii) A new provision is being made to enable the aggrieved students to appeal to the Executive Council or to get the disputes referred to a Tribunal of Arbitration.(ix) A provision is being made to protect officers and employees of the University against civil suits in respect of action taken by them in good faith. -Gazette of India, 29-5-1972, Pt.II, S.2, Ext., p.567.Act 62 of 1981.- A Bill to amend the Aligarh Muslim University Act, 1920, was introduced in the Lok Sabha on 12th August, 1980, so as to amend the definition of the expression `University' and introduce various other changes in the Act. Subsequently, representations were received from various Muslim organisations, the Vice-Chancellor and the representatives of the University teachers and students that amendments to the Statutes of the University should also be incorporated in the Bill and passed by Parliament along with the amendments to the Act. After examining these representations, it has been decided to introduce a consolidated Bill to amend both the Act and Statutes of the Aligarh Muslim University.
