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Section 7: For section 34 of the principal Act, the following section shall be substituted, namely

Aligarh Muslim University (Amendment) Ordinance, 1965Ordinance · 1965

"34. The annual report of the University shall be prepared under the direction of the Executive Council and shall be submitted to the Visitor on or before such date as may be proscribed by the Statutes.".

8. In section 35 of the principal Act, sub-section (3,1 shall be omitted. ;

9. In section 38 of the principal Act, in sub-section (2), the words;

beginning with ": provided that" and ending with "meeting of the i Court" shall be omitted.

10. Notwithstanding anything contained in the principal Act, the .

Statutes of the University shall be amended as follows:— ]

(i) in clause (2) of Statute 4, the word "ordinarily" shall be omitted;

(ii) in Statute 5,—

(a) for clauses (1), (2) and (3), the following clauses shall be substituted, namely: — "(1) The Treasurer shall be appointed by the Executive Council and shall be a whole-time officer of the University.

(2) The terms and conditions of service of the Treasurer shall be such as may be prescribed by the Ordinances.";

(b) in clause (5),— (A) in sub-clause (a), the words "and the Court" shall be omitted;

Amendment of section 31.

Substitution of new section for section 34.

Annual report.

Amendment of section 36.

Amendment of section 38.

Amendment of Statutes.

I56 THE GAZETTE OF INDIA EXTRAORDINARY [PART II The Court.

(B) in sub-clause (d), for the word "convene"', the word "attend" shall be substituted;

(in) in Statute 6, after clause (3), the following clause shall be inserted, namely: — "(4) (a) The Registrar shall have power to take disciplinary action against the employees belonging to the ministerial staff and to suspend them pending inquiry, to administer warnings to them or to impose on them the penalty of censure or the withholding of increment:

Provided that no such penalty shall be imposed unless the person concerned has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.

(b) An appeal shall lie to the Vice-Chancellor against any order of the Registrar imposing the penalty of the withholding of increment.

(c) In a case where the inquiry discloses that a punish' ment beyond the powers of the Registrar is called for, the Registrar shall, upon conclusion of the inquiry, make a report to the Vice-Chancellor along with his recommendations, for such action as the Vice-Chancellor deems fit.";

(iv) for Statute 8, the following Statute shall be substituted, namely: — "8. (1) The Court shall consist of the following members, namely: —

(a) the Chancellor, ex officio,

(fa) the Pro-Chancellor, ex officio,

(c) the members of the Executive Council, ex officio,

(d) three persons, being Heads of Departments of Studies or Principals of Colleges of the University, nominated by the Visitor,

(e) two persons, being Professors from Departments of Studies or Colleges of the University, nominated by the Visitor,

(f) two persons from amonj teachers of the University other than Professors, nominated by the Visitor, Sic. 1] THE GAZETTE OF INDIA EXTRAORDINARY 157

(gr) three representatives of Parliament, two to be nominated by the Speaker of the House of the People from among the members thereof and one to be nominated by the Chairman of the Council of States from among the members thereof, and

(h) thirty persons nominated by the Visitor from among persons who are men of standing in public life or have special knowledge or practical experience in education or have rendered eminent services in the cause of education.

(2) All members of the Court, other than ex ofjicio members, shall hold office for a term of three years.

(3) Seventeen members of the Court shall form a quorum.";

(v) Statute 13 shall be omitted;

(vi) in Statute 14, in clause (1),—

(a) for the word "Court", the words "Executive Council" shall be substituted;

(b) in sub-clause (a), the words "through the Executive Council" shall be omitted;

(c) in sub-clause (b), the words "on the recommendation of the Executive Council," shall be omitted;

(vii) for Statute 15, the following Statute Khali be substituted, namely: — "15. (1) The Executive Council shall consist of the following members, namely: —

(a) the Vice-Chancellor, ex ofiicio,

(b) seven persons nominated by the Visitor, and

(c) one person nominated by the Chief Rector in his discretion.

(2) All members of the Executive Council, other than ex officio members, shall hold office for a term of three years.

(3) Five members of the Executive Council shall form a quorum.";

(viii) in Statute 16,—

(a) in clause (I), for the word "Court", the word ''Visitor" shall be substituted, and the words "not otherwise provided for" shall be omitted;

The Executive Council.

t$8 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT II

(b) in clause (2),— (A) for sub-clause (ii), the following sub-clause shall be substituted, namely :— "(ii) to appoint members of the administrative staff;";

(B) after sub-clause (ii-A), the following sub-clause shall be inserted, namely :— "(ii-B) to regulate and enforce discipline amorig members of the teaching, administrative and ministerial staff of the University in accordance with these Statutes and the Ordinances;";

(C) in sub-clause (viii), the words ", otherwise than by an act of the Court" shall be omitted;

(D) in clause (xii), the word "and" occurring at the end shall be omitted;

(E) after sub-clause (xii), the following sub-clause shall be inserted, namely :•— "{xii-A) to delegate any of its powers to the Vice-Chancellor, the Registrar or such other officer or authority of the University or to a Committee appointed by it as it may deem fit; and";

(in;) in Statute 18,—

(a) in item (i), the words "the Court or" shall be omitted;

(b) in item (x), for the word "Court", the words "Executive Council" shall be substituted;

(x) in Statute 19A,—

(a) in clause (1),— (A) for item (iv), the following item shall be substituted, namely ;— "(iv) one person who is not an employee of the University, appointed by the Executive Council;";

(B) item (v) shall be omitted;

(b) in clause (2), for the word "Three", the word "Two" shall be substituted;

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 159

(c) in clause (4), the words "In the absence of the Vice- Chancellor, the Treasurer shall preside at a meeting thereof."

shall be omitted;

(xi) in Statute 25A —

(a) in clause (2), for the words "contained in the terms of his appointment,", the words "to the contrary contained in the terms of his contract of service or of his appointment" shall be substituted and the proviso shall be omitted;

(b) after clause (2), the following clause shall be inserted, namely: — " (3) (a) Notwithstanding anything contained in the terms of his contract of service or of his appointment, the Executive Council shall be entitled to dismiss a teacher on grounds of misconduct, but save as aforesaid, the Executive Council shall not be entitled to determine the employment of a teacher save for good cause and after giving three months' notice in writing or payment of three months' salary in lieu of such notice.

(b) The determination of a teacher's employment shall require a two-thirds majority of the members of the Executive Council present and voting.

(c) The Vice-Chancellor may suspend a teacher against whom any misconduct is alleged and shall report the case to the next meeting of the Executive Council, but before any orders for dismissal are passed, the teacher shall be informed of the allegations made against him and shall be given a reasonable opportunity of making such representations to the Executive Council or to any Committee thereof appointed for the purpose, as he may desire to make.

(d) Any dismissal on the ground of misconduct shall take effect on the date on which the teacher was first suspended,

(e) Before a notice is given or payment is made to the teacher under sub-clause (a), he shall be informed by the Executive Council of the cause of the action proposed to be taken against him and shall be given a reasonable I6o THE GAZETTE OF INDIA EXTRAOKDINAlt tf [PART I I ^ S E C . l ] Transitional pro visions, opportunity of making such representations to the Executive Council or to any Committee thereof appointed for the purpose, as he may desire to make.

(') Notwithstanding anything contained in the Statutes, the teacher may at any time terminate his employment by giving the Executive Council three months' notice in writing.";

(xii) Statute 28 shall be omitted.

11. (1) Every person holding office as a member of the Court or the Executive Council, as the case may be, immediately before the commencement of this Ordinance, shall on such commencement cease to hold office as such:

Provided that -where any such person holds immediately before such commencement any other office in the University, nothing contained in this sub-section shall be construed to affect his continuance in such other office.

(2) Until the Court is constituted in accordance with the provisions of section 3 read with clause (iv) of section 10 or the Executive Council is constituted in accordance with the provisions of clause (vii) of section 10, the Visitor may, by general or special order, direct any officer of the University to exercise the powers and perform the duties conferred or imposed by or under the principal Act as amended by this Ordinance on the Court or the Executive Council, as the case may be.

S. RADHAKRISHNAN, President.

S. P. SEN-VARMA, Special Secy, to the Govt. of India.

PRINTED IN INDIA, BY THE GENERAL MAWAGMl, GOVMTNMmfT OF INDIA PKESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY TOT MANAdM OF PUBLICATIONS, H U B , 1985 GMGIPND—LSI—115 G of I Ex.—22-5-65—S&4B.

Where this provision sits

ActAligarh Muslim University (Amendment) Ordinance, 1965
Section7
Marginal noteFor section 34 of the principal Act, the following section shall be substituted, namely
StatusIn force as published by the source

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