DELHI UNIVERSITY ACT, ACT NO. VIII OF
 1922

(As amended by Act No. XXIV of 1943)

(Further amended by Act No. V of 1952)

(Further amended by Act No. 61 of 1961)

(Further amended by Act No. 35 of 1970)

(Further amended by Act No. 48 of 1972)

(Further amended by Act No. 27 of 1981)

[AS PASSED BY PARLIAMENT]

(Act No. VIII of 1922 received the assent of the Governor-General on the 5th March, 1922. Act No. XXIV of 1943 received the assent of the Governor- General on the 10th September, 1943. Act No. V of 1952 received the assent of the President on the 23rd February, 1952. Act No. 61 of 1961 received the assent of the President on the 19th December, 1961. Act No. 35 of 1970 received the assent of the President on 4th September, 1970. Act No. 48 of 1972 received the assent of the President on 3rd September 1972. Act No. 27 of 1981 received the assent of the President on 11th September, 1981).

Note:-The portions printed in italics represent the amendments made by the Delhi University (Amendment) Act, 1952, the Delhi University (Amendment) Act, 1961, the Delhi University (Amendment) Act, 1970, the Delhi University (Amendment) Act, 1972, and the Delhi University (Amendment) Act, 1981.

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:

1. Short title and commencement.

(1) This Act may be called THE DELHI UNIVERSITY ACT, 1922.

(2) It shall come into force on such date as the Central Government may, by notification in the 'Gazette of India', direct*.

*Act No. VIII of 1922 came into force on 1st May 1922.

Act No. XXIV of 1943 came into force of 10th September, 1943.

Act No. V of 1952 came into force on 1st March, 1952.

Act No. 61 of 1961 came into force on 1st February, 1962.

Act No. 35 of 1970 came into force on 4th September, 1970.

Act No. 48 of 1972 came into force on 22nd June, 1972.

Act No. 27 of 1981 came into force on 11th September, 1981.

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2. Definition.

In this Act and in the Statutes, unless there is anything repugnant in the subject or context:-

(a) 'College' means an institution maintained or admitted to its privileges by the 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 provisions of this Act and the Statutes in which instruction is provided in accordance with the provisions of the Statutes and Ordinances up to the Bachelor's degree, but exclusive of Honours and Post-graduate degrees;

Explanation II 'Constituent College' means an institution recognised as such by the Executive Council in accordance with the provisions of this Act and the Statutes;

(b) 'Hall' means a unit of residence for students of the University provided, maintained or recognised by it;

(c) 'Patron of the University' means a person who has made a donation of not less than one lakh of rupees to the funds of the University, and has been declared by the Chancellor to be a Patron of the University;

(d) 'Principal' means the head of a College; and includes when there is no Principal, the person for the time being duly appointed to act as Principal, and in the absence of the Principal or the acting Principal, a Vice-Principal duly appointed as such;

(e) Omitted:

(f) 'Statutes', 'Ordinances' and 'Regulations' mean, respectively, the Statutes, Ordinances and Regulation of the University made under this Act;

(g) 'Teachers' includes Professors, Readers, Lecturers and other persons imparting instruction in the University or in any College or Hall;

(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.

THE UNIVERSITY

3. The University.

(1) The first Chancellor and the first Vice-Chancellor of the University and the first members of the Court, the Executive Council and the Academic Council and all persons who may

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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.

4. Powers of the University.

The University shall have the following powers, namely:

(1) to provide for instruction in such branches of learning as the University may think fit, and to make provision for research and for the advancement and dissemination of knowledge,

(2) to hold examinations and to grant to, and confer degrees and other academic distinctions on, persons who-

(a) have pursued a course of study in the University or in any College, or

(b) are Non-collegiate Women students residing within the territorial jurisdiction of the University, or

(c) are teachers in educational institutions, under conditions laid down in the Statutes and Ordinances and have passed the examinations of the University under like conditions, or

(d) have pursued a course of study by correspondence, whether residing within the territorial jurisdiction of the University or not, or

(e) 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 Universities and Authorities in such manner and for such purposes as the University may determine,

(6) to institute Professorships, Readerships Lectureships and any other teaching posts required by the University

(7) to appoint or recognise persons as Professors, Readers or Lecturers, or otherwise as teachers of the University,

(8) to institute and award Fellowships, Scholarships, Exhibi- tions and Prizes * * *,

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(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,

(9-A) to declare, with the consult 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 autonomous Colleges;

Provided that the extent of the autonomy which each such College may have, and matters in relation to which it may exercise such auto- nomy, shall be such as may be prescribed by the Statutes.

(9-B) to set zip 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.

(11-A) to make grants from the funds of the University for assistance to forms of extra-mural teaching,

(12) to make special arrangements in respect of the residence, discipline and teaching of women students,

(12-A) to acquire, hold, manage and dispose of property movable or immovable, including trust or endowed property, for the purposes of the University,

(12-B) with the approval of the Central Government, to borrow, on the security of University property, money for the purposes of the University,

(12-C) to create administrative and ministerial and other necessary posts and to make appointments thereto, and

(13) to do all such other acts and things, whether incidental to the powers aforesaid or not, as may be requisite in order to further the objects of the University as a teaching and examining body, and to cultivate and promote Arts, Science and other branches of learning.

5. Territorial exercise of powers.

(1) Save as otherwise provided in this Act, the powers of the University conferred by or under this Act [other than those conferred by Sub-clause (d) of Section 4] shall not extend beyond the limits of the State of Delhi and notwithstanding anything in any other law for the time being in force, no educational institution beyond those limits shall be associated with or admitted to any privileges of the University.

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Proviso (Omitted).

(1-A) 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 University 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, no educational institution within the afore-mentioned limits shall be associated in any way with or be admitted to any privileges of any other University incorporated by law in India, and any such privileges granted by any such other University to any educational institution within those limits prior to the commencement of this Act shall be deemed to be withdrawn on the commencement of this Act:

Provided that the Central Government may by order in writing, direct that the provisions of this subsection shall not apply in the case of any institution specified in the order.

6. University open to all classes, castes and creeds.

The University shall be open to all persons of either sex and of whatever race, creed, caste or class, and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be admitted thereto, as a teacher or student, or to hold any office therein, or to graduate thereat, or to enjoy or exercise any privilege thereof, except * * * in respect of any particular benefaction accepted by the University, where such test is made a condition thereof by any testamentary or other instrument creating such benefaction:

Provided that nothing in this Section shall be deemed to prevent religious instruction being given in the manner prescribed by the Ordinances to those who have consented to receive it.

7. Teaching of the University.

(1) All recognised, teaching in connection with the University Courses shall be conducted under the control of the Academic Council by teachers of the University, and shall include lecturing, laboratory work and other teaching conducted in accordance with any syllabus prescribed by the Regulations.

(2) Omitted.

(3) The authorities responsible for organising such teaching shall be prescribed by the Statutes.

(4) The Courses and curricula shall be prescribed by the Ordinances and, subject thereto, by the Regulations.

(5) Omitted.

7-A. Visitor.

(1) The President of India shall be the Visitor of the University.

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(2) The Visitor shall have the right to cause an inspection to be made by such person or persons as he may direct of the University, its buildings, laboratories and equipment and of any institution maintained by the University, and also of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to by made in like manner in respect of any matter connected with the University.

(3) The Visitor shall in every case give notice to the University of his intention to cause in 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 ouch advice as the Visitor may offer upon the action to be taker, thereon.

(5) The Executive Council shall communicate through the Vice- Chancellor to the Visitor such action, if any, as it is proposed to take or has been taken upon the result of such inspection or inquiry.

(6) Where the Executive Council does not, within a reasonable time, take action to the satisfaction of the, Visitor, the Visitor may after considering any explanation furnished or representation made by the Executive Council, issue such directions as he may think fit and the Executive Council shall be bound to comply with such directions.

(7) Without prejudice to the foregoing provisions of this Section the Visitor may, by order in writing, annul any proceeding of the University which is not in conformity with this Act, the Statutes or the Ordinances:

Provided that before making any such order he shall call upon the University to show cause why such an order should not be made and, if any cause is shown within a reasonable time, shall consider the same.

7-B. Chief Rector and Rectors.

(1) The Chief Commissioner of the State of Delhi shall be the Chief Rector of the University.

(2) Such persons,as may be appointed in this behalf in accordance with the Statutes, shall be the Rectors of the University.

OFFICERS OF THE UNIVERSITY

8. Officers of the University.

The following shall be the officers of the University :

(i) the Chancellor,

(ii) the Pro-Chancellor,

(iii) the Vice-Chancellor,

(iv) the Pro-Vice-Chancellor, if any,

(v) the Treasurer,

(vi) the Registrar,

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(vii) the Deans of the Faculties, and

(viii) such other persons in the service of the University as may be declared by the Statutes to be officers of the University.

9. Omitted.

10. Omitted.

11. Omitted,

12. Omitted.

13. Omitted.

14. Omitted.

15. Omitted.

16. Powers and duties of officers etc.

Subject to the provisions of this act, the powers and duties Powers and 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

AUTHORITIES OF THE UNIVERSITY

17. Authorities of the University.

The following shall be the Authorities of the University :

(i) The Court,

(ii) the Executive Council,

(iii) the Academic Council,

(iii-a) the Finance Committee,

(iv) the Faculties. and

(v) such other authorities as may be declared by the Statutes to be authorities of the University.

18. The Court.

The Court shall be the Supreme authority of the University and shall have the power to review the acts of the Executive Council and the Academic Council (save when these authorities have acted in accordance with the power conferred upon them under this Act, the Statutes, or the Ordinances) and shall exercise all the powers of the University not otherwise provided for by this Act or the Statutes.

19. Omitted.

20. Omitted.

21. The Executive Council.

The Executive Council shall be the executive body of the University, and its Constitution and the terms of office of its members, other than ex-officio members, shall be prescribed by the Statutes.

22. Omitted.

23. The Academic Council.

The Academic Council shall be the academic body of the University and shall, subject to the provisions of this Act, the Statutes and the Ordinances, have the control and general regulation, and be responsible for the maintenance of standards of instruction, education

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and examination within the University, and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes. It shall have the right to advise the Executive Council on all academic matters. The constitution of the Academic Council and the term of office of its members, other than ex- officio members, shall be prescribed by the Statutes.

24. Omitted.

25. Powers and duties of authorities of the University.

Subject to the provisions of this Act, the Constitution, powers and duties of the authorities of the University shall be provided for by the Statutes.

UNIVERSITY BOARDS

26. University Boards.

The University shall include a Residence, Health, and Discipline Board and such other Boards as may be prescribed by the Statutes.

27. Constitution etc., of Boards to be prescribed by Ordinances.

The constitution, powers and duties of the Residence, Health and Discipline Board, and all other Boards of the University shall be prescribed by the Ordinances.

STATUTES, ORDINANCES AND REGULATIONS

28. Statutes.

Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:

(a) the Constitution, powers and duties of the Court, the Executive Council, the Academic Council, the Finance Committee and such other bodies as may be deemed necessary to constitute from time to time:

(b) the election and continuance in office of the members of the said bodies, including the continuance in office of the first members, and the filling of vacancies of members, and all other matters relative to those bodies for which it may be necessary or desirable to provide;

(c) the appointment, powers and duties of the Officers of the University;

(d) the constitution of a pension or Provident Fund and the establishment of an Insurance Scheme for the benefit of the officers, teachers and other employees of the University;

(e) the conferment of honorary degrees;

(f) the withdrawal of Degrees, Diplomas, Certificates and other Academic distinctions;

(g) the establishment and abolition of Faculties, Departments, Halls, Colleges and Institutions;

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(h) the conditions under which Colleges and other institutions may be admitted to the privileges of the University and the withdrawal of such privileges:

(hh) the extent of the autonomy which a College, declared as an autonomous College Under Clause 9(a) of Section 4, may have and the 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

(j) all other matters which by this Act are or may be provided for by the Statutes.

29. Statutes, how made.

(1) On the commencement of the Delhi University (Amendment) Act, 1943, Statutes of the University shall be those set out in the Schedule*.

(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 with 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 maybe imposed on the Academic Council;

(ii) the authorities responsible for organising recognised teaching in connection with the University courses;

(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;

*See also Section 26 of Delhi University (Amendment) Act, 1952.