act 058 of 1988 : Jamia Millia Islamia Act, 1988

Section 1. Short title and commencement.

(1) This Act may be called the Jamia Millia Islamia Act, 1988.

(2) It shall come into force on such date¹ as the Central Government may, by notification in the Official Gazette, appoint.

1. 26th December, 1988, vide notifications No. S.O. 1195(E), dated 21st December, 1988, See Gazette of India, Extraordinary, part II, sec. 3(ii).

Section 2. Definitions.

In this Act, and in all Statutes made hereunder, unless the contest otherwise requires,--

(a) "academic staff" means such categories of staff as are designated as academic staff by the Ordinances;

(b) "Amir-i-Jamia (Chancellor)" and "Shaikh-ul-Jamia (Vice-Chancellor)" mean, respectively, the Amir-i-Jamia (Chancellor) and Shaikh-ul-Jamia (Vice-Chancellor) of the University;

(d) "Board of Studies" means the Board of Studies of the University;

(e) "Department" means a Department of Studies, and includes a Centre of Studies and Research;

(f) "employee" means any person appointed by the University, and includes teachers and other staff of the University;

(g) "Faculty" means a Faculty of the University;

(h) "Hall" means a unit of residence or of corporate life for the students of the University;

(i) "Institution" means an Academic Institution, established or maintained by the University;

(j) "Majlis-i-Muntazimah (Executive Council)" means the Majlis-i-Muntazimah (Executive Council) of the University;

(k) "Majlis-i-Talimi (Academic Council)" means the Majlis-i-Talimi (Academic Council) of the University;

(l) "Principal" means the head of an Institution, School or Polytechnic and includes where there is on Principal, the person for the time being duly appointed to act as Principal, and, in the absence of the Principal or acting Principal, a Vice-Principal duly appointed as such;

(m) "Statutes", "Ordinances" and "Regulations" mean, respectively, the Statutes, Ordinances and Regulations of the University for the time being in force;

(n) "teachers of the University" means Professors, Readers, Lecturers and such other persons as may be appointed for imparting instruction or conducting research in the University and are designated as teachers by the Ordinances;

(o) "University" means the educational institution known as "Jamia Millia Islamia" founded in 1920 during the Khilafat and Non-Co-operation Movements in response to Gandhiji's call for a boyctt of all Government-sponsored educational institutions which was subsequently registered in 1939 as Jamia Millia Islamia Society, and declared in 1962 as an institution deemed to be a University under section 3 of the University Grants Commission Act, 1956 (3 of 1956), and which is incorporated as a University under this Act.

Section 3. The University.

(1) There shall be established a University by the name of the Jamia Millia Islamia.

(2) The headquarters of the University shall be at New Delhi.

(3) The persons holding office as Amir-i-Jamia (Chancellor) and Shaikh-ul-Jamia (Vice-Chancellor) and the members of the Anjuman (Court), the Majlis-i-Muntazimah (Executive Council) and the Majlis-i-Talimi (Academic Council) of the University, for the time being, shall be a body corporate by the name of the Jamia, Millia Islamia and shall have perpetual succession and a common seal and shall sue and be sued by that name.

Section 4. Dissolution of the Jamia Millia Islamia Society and transfer of all property to the University.

On and from the commencement of this Act,--

(i) the Society known as the Jamia Millia Islamia Society, Delhi, shall be dissolved, and all property, movable or immovable, and all rights, powers and privileges of the said Society shall be transferred to and vest in the University and shall be applied to the objects and purposes for which the University is established;

(ii) all debts, liabilities and obligations of the said Society shall be transferred to the University and shall thereafter be discharged and satisfied by it;

(iii) all references in any enactment to the said Society shall be construed as references to the University;

(iv) any will, deed or other documents, whether made or executed before or after the commencement of this Act, which contains any bequest, gift or trust in favour of the said Society shall be construed as if the University was therein named instead of the Society;

(v) subject to any orders which the Majlis-i-Muntazimah (Executive Council) may make, the buildings which belonged to the Jamia Millia Islamia, Delhi, shall continue to be known and designated by the names and style as they were known and designated immediately before the commencement of this Act;

(vi) subject to the provisions of this Act, every person employed immediately before the commencement of this Act in the Jamia Millia Islamia, Delhi, shall hold such employment in the University by the same tenure and on the same terms and conditions and with the same rights and privileges as to pension and gratuity as he would have held under the Jamia Millia Islamia, Delhi, if this Act had not been passed.

Section 5. Objects of the University.

The objects of the University shall be to disseminate and advance knowledge by providing instructional, research and extension facilities in such branches of learning as it may deem fit and the University shall endeavour to provide to students and teachers the necessary atmosphere and facilities for the promotion of--

(i) innovations in education leading to restructuring of courses, new methods of teaching and learning, and integral development of personality;

(ii) studies in various disciplines;

(iii) inter-disciplinary students;

(iv) national integration, secularism and international understanding.

Section 6. Powers of the University.

The University shall have the following powers, namely:--

(i) to provide for instruction in such branches of learning as the University may, from time to time, determine and to make provisions for research and for the advancement and dissemination of knowledge;

(ii) to promote the study of the religions, philosophy and culture of India;

(iii) to grant, subject to such conditions as the University may determine, diplomas or certificates to, and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing, on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;

(iv) to organise and to undertake extra-mural studies, extension services and other measures for the promotion of adult education;

(v) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes;

(vi) to provide, instruction, including correspondence and such other courses, to such persons as are not members of the University, as it may determine;

(vii) to institute Principalships, Professorships, Readerships, Lecturerships and other teaching or academic posts required by the University and to appoint persons to such Principalships, Professorships, Readerships, Lecturerships or other posts;

(viii) to create administrative, ministerial and other posts and to make appointments thereto;

(ix) to appoint persons working in any other University or organisation as teachers of the University for a specified period;

(x) to co-operate, collaborate or associate with any other University or authority or institution in such manner and for such purposes as the University may determine;

(xi) to establish and maintain Schools, Institutions and such Centres, Specialised Laboratories or other units for research and instructions as are, in the opinion of the University, necessary for the furtherance of its objects;

(xii) to institute and award fellowships, scholarships, studentships, medals and prizes;

(xiii) to establish and maintain Halls for the students of the University;

(xiv) to make provision for research and advisory services, and for that purpose to enter into such arrangements with other institutions or bodies as the University may deem necessary;

(xv) to declare a Centre, an Institution, a Department, a School as an autonomous Centre, Institution, Department or school, as the case may be, in accordance with the Statutes;

(xvi) to determine standards for admission into the University, which may include examination, evaluation or any other method of testing;

(xvii) to demand and receive payment of fees and other charges;

(xviii) to supervise the residences of the students of the University and to make arrangements for promoting their health and general welfare;

(xix) to make special arrangements in respect of woman students as the University may consider desirable;

(xx) to regulate and enforce discipline among the employees and students of the University and take such disciplinary measures in this regard as may be deemed by the University to be necessary;

(xxi) to make arrangements for promoting the health and general welfare of the employees of the University;

(xxii) to receive donations and to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties for the purposes of the University;

(xxiii) to borrow, with the approval of the Central Government, on the security of the property of the University, money for the purposes of the University;

(xxiv) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the University.

Section 7. University open to all classes, castes and creed.

The University shall be open to 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 therein as a teacher or student, or to hold any office therein or to graduate thereat:

Provided that nothing in this section shall be deemed to prevent the University from making appropriate provisions for reservation for the Scheduled Castes, the Scheduled Tribes, the physically handicapped persons and women.

Section 8. The Visitor.

(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 Centre, Department, Institution or School maintained by the University and also of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the University, Centre, Department, Institution or School.

(3) The Visitor shall, in every case, given notice to the University of his intention to cause an inspection or inquiry to be made, and the University shall, on receipt of such notice, have the right to make, within thirty days from the date of receipt of the notice or such other period as the Visitor may determine, such representations to the Visitor, as it may consider necessary.

(4) After considering the representations, if any, made by the University, the Visitor may cause to be made such inspection or inquiry as is referred to in sub-section (2).

(5) Where any inspection or inquiry has been caused to be made by the Visitor, the University shall be entitled to appoint a representative who shall have the right to present and be heard at such inspection or inquiry.

(6) The Visitor may, if the inspection or inquiry is made in respect of the University or any Centre, Department, Institution or School maintained by it, address the Shaikh-ul-Jamia (Vice-Chancellor) with reference to the result of such inspection or inquiry, and the Shaikh-ul-Jamia (Vice-Chancellor) shall communicate to the Majlis-i-Muntazimah (Executive Council) the views of the Visitor with such advice as the Visitor may offer upon the action to be taken thereon.

(7) Where the Majlis-i-Muntazimah (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 Majlis-i-Muntazimah (Executive Council) issue such directions as he may think fit and the Majlis-i-Muntazimah (Executive Council), shall comply with such directions.

(8) 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, he shall consider the same.

(9) The Visitor shall have such other powers as may be prescribed by the Statutes.

Section 9. Officers of the University.

The following shall be the officers of the University:--

(i) the Amir-i-Jamia (Chancellor);

(ii) the Shaikh-ul-Jamia (Vice-Chancellor);

(iii) the Naib Shaikh-ul-Jamia (Pro-Vice-Chancellor);

(iv) the Musajjil (Registrar);

(v) the Deans of Faculties;

(vi) the Dean of Students' Welfare;

(vii) the Finance Officer; and

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

Section 10. The Amir-i-Jamia (Chancellor).

(1) The Amir-i-Jamia (Chancellor) shall be elected by the Anjuman (Court) in such manner as may be prescribed by the Statutes.

(2) The Amir-i-Jamia (Chancellor) shall, by virtue of his office, be the Head of the University.

(3) The Amir-i-Jamia (Chancellor) shall, if present, preside at the Convocation of the University held for conferring degrees.

Section 11. The Shaikh-ul-Jamia (Vice-Chancellor).

(1) The Shaikh-ul-Jamia (Vice-Chancellor) shall be appointed by the Visitor in such manner as may be prescribed by the Statutes.

(2) The Shaikh-ul-Jamia (Vice-Chancellor) shall be the principal executive and academic officer of the University, and shall exercise general supervision and control over the affairs of the University and give effect to the decision of all the authorities of the University.

(3) The Shaikh-ul-Jamia (Vice-Chancellor) may, if he is of opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall report to such authority the action taken by him on such matter:

Provided that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the matter to the Visitor whose decision thereon shall be final:

Provided further that any person in the service of the University who is aggrieved by the action taken by the Shaikh-ul-Jamia (Vice-Chancellor) under this sub-section shall have the right to appeal against such action to the Majlis-i-Muntazimah (Executive Council) within three months from the date on which decision on such action is communicated to him, and thereupon the Majlis-i-Muntaiimah (Executive Council) may confirm, modify or reverse the action taken by the Shaikh-ul-Jamia (Vice-Chancellor).

(4) The Shaikh-ul-Jamia (Vice-Chancellor) shall exercise such other powers and perform such other functions as may be prescribed by the Statutes or Ordinances.

Section 12. The Naib Shaikh-ul-Jamia (Pro-Vice-Chancellor).

The Naib Shaikh-ul-Jamia (Pro-Vice-Chancellor) shall be appointed in such manner, and shall exercise such powers and perform such duties as may be prescribed by the Statutes.

Section 13. The Musajjil (Registrar).

(1) The Musajjil (Registrar) shall be appointed in such manner as may be prescribed by the Statutes.

(2) The Musajjil (Registrar) shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University and shall exercise such other powers and perform such other duties as may be prescribed by the Statutes.

Section 14. Deans of Faculties.

Every Dean of a Faculty shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.

Section 15. The Finance Officer.

The Finance Officer shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.

Section 16. Other officers.

The manner of appointment and powers and duties of other officers of the University shall be prescribed by the Statutes.

Section 17. Authorities of the University.

The following shall be the authorities of the University:--

(i) the Anjuman (Court);

(ii) the Majlis-i-Muntazimah (Executive Council);

(iii) the Majlis-i-Talimi (Academic Council);

(iv) the Majlis-i-Maliyat (Finance Committee);

(v) the Faculties;

(vi) the Planning Board; and

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

Section 18. The Anjuman (Court).

(1) The constitution of the Anjuman (Court) and the term of office of its members shall be prescribed by the Statutes.

(2) Subject to the provisions of this Act, the Anjuman (Court) shall have the following powers and functions, namely:--

(a) to review, from time to time, the broad policies and programmes of the University and to suggest measures for the improvement and development of the University;

(b) to consider and pass resolutions on the annual report and the annual accounts of the University and the audit report on such accounts;

(d) to perform such other functions as may be prescribed by this Act or Statutes.

Section 19. The Majlis-i-Muntazimah (Executive Council).

(1) The Majlis-i-Muntazimah (Executive Council) shall be the principal executive body of the University.

(2) The constitution of the Majlis-i-Talim (Academic Council), the term of office of its members and its powers and duties shall be prescribed by the Statutes.

Section 20. The Majlis-i-Talimi (Academic Council).

(1) The Majlis-i-Talimi (Academic Council) shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes and Ordinances co-ordinate and exercise general supervision over the academic policies of the University.

(2) The constitution of the Majlis-i-Talimi (Academic Council), the term of office of its members and its powers and duties shall be prescribed by the Statutes.

Section 21. The Planning Board.

(1) The Planning Board shall be the principal planning body of the University.

(2) The constitution of the Planning Board, term of office of its members and its powers and duties shall be prescribed by the Statutes.

Section 22. Other authorities of the University.

The constitution, powers and functions of the Faculties and of such other authorities as may be declared by the Statutes to be authorities of the University, shall be prescribed by the Statutes.

Section 23. Power to make 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 functions of the authorities and other bodies of the University, as may be constituted from time to time;

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

(d) the appointment of teachers of the University and other academic staff and their emoluments;

(e) the appointment of teachers and other academic staff working in any other University or Institution for a specific period for undertaking a joint project;

(f) the conditions of service of employees including provision for pension, insurance and provident fund, the manner of termination of service and disciplinary actions;

(g) the principles governing seniority of service of employees;

(h) the procedure for arbitration in case of disputes between employees or students and the University;

(i) the procedure for appeal to the Majlis-i-Muntazimah (Executive Council) by any employee or student against the action of any officer or authority of the University;

(j) the establishment and recognition of the students union or association of teachers, academic staff or other employees;

(k) the participation of the students in the affairs of the University;

(l) the conferment of honorary degrees;

(m) the withdrawal of degrees, diplomas, certificates and other academic distinctions;

(n) the institutions of fellowships, scholarships, studentships, medals and prizes;

(o) the maintenance of discipline among the students;

(p) the establishment and abolition of Faculties, Departments, Centres and Schools;

(q) the delegation of powers vested in the authorities or officers of the University; and

(r) all other matters which by this Act are to be, or may be, prescribed by the Statutes

Section 24. Statutes how to be made.

(1) The first Statutes are those set out in the Schedule.

(2) The Majlis-i-Muntazimah (Executive Council) may, from time to time, make new or additional Statutes referred to in sub-section (1):

Provided that the Majlis-i-Muntazimah (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 Majlis-i-Muntazimah (Executive Council).

(3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the assent of the Visitor who may assent thereto or withhold assent or remit to the Majlis-i-Muntazimah (Executive Council) for consideration.

(4) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Visitor.

(5) Notwithstanding anything contained in the foregoing sub-sections, the Visitor may make new or additional Statutes or amend or repeal the Statutes referred to in sub-section (1) during the period of three years immediately after the commencement of this Act.

(6) Notwithstanding anything contained in the foregoing sub-sections, the Visitor may direct the University to make provisions in the Statutes in respect of any matter specified by him and if the Majlis-i-Muntazimah (Executive Council) is unable to implement such a direction within sixty days of its receipt, the Visitor may, after considering the reasons, if any, communicated by the Majlis-i-Muntazimah (Executive Council) for its inability to comply with such direction make or amend the Statutes suitably.

Statutes

Year	Description	Hindi Description	Files(Eng)	Files(Hindi)
08-10-1988	44 statutes of JMI as on september 2018

Section 25. Power to make Ordinances.

(1) Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely:--

(a) the admission of students to the University and their enrolment as such;

(b) the courses of study to be laid down for all degrees, diplomas and certificates of the University;

(d) the same and the means to be taken relating to the granting and obtaining of the same;

(e) the fees to be charged for courses of study in the University and for admission to the examinations, degrees, diplomas and certificates of the University;

(f) the conditions for the award of fellowships, scholarships, studentships, medals and prizes;

(g) the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators;

(h) the conditions of residence of the students of the University;

(i) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies for them;

(j) the appointment and emoluments of employees other than those for whom provision has been made in the Statutes;

(k) the establishment of Centres of Studies, Boards of Studies, Inter-disciplinary Studies, Special Centres, Specialised Laboratories and other Committees;

(l) the manner of co-operation and collaboration with other Universities and authorities including learned bodies or associations;

(m) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University;

(n) the remuneration to be paid to the examiners, moderators, invigilators and tabulators;

(o) such other terms and conditions of service of teachers and other academic staff as are not prescribed by the Statutes;

(p) the management of institutions established by the University; and

(q) all other matters which by this Act or the Statutes may be prescribed by the Ordinances.

(2) The regulations and by-laws in force immediately before the commencement of this Act shall be the first Ordinances of the University and may be repealed or amended at any time by the Majlis-i-Muntazimah (Executive Council).

Ordinances

Year	Description	Hindi Description	Files(Eng)	Files(Hindi)
05-04-1999	Ordinance 17 Part I (Acacemic) Moderation Committee
05-04-1999	37 Ordinances of Administrative or general in one PDF
05-04-1999	Hall of Residence
05-04-1999	Faculties and Department of Studies
05-04-1999	Powers & Privileges of the Deans of Faculties
05-04-1999	Powers and Functions of the Board of Studies
05-04-1999	Degree of Doctor of Literature or Doctor of Science
05-04-1999	Ordinance 19 Part I (Acacemic) The University Library Committee
05-04-1999	Ordinance 18 Part I (Acacemic) Committee of Equivalence Examinations
05-04-1999	Ordinance 20 Part I (Acacemic) Games & Sports Committee
05-04-1999	Ordinance 21 Part I (Acacemic) The Dean Students Welfare Powers & Functions
05-04-1999	Academic Staff
05-04-1999	Ordinance 24 Part I (Acacemic) Temporary Appointments of Teachers
05-04-1999	Ordinance 25 Part I (Acacemic) Seniority of Teaching Staff
05-04-1999	Professor Emeritus
05-04-1999	Ordinance 28 Part I (Acacemic) Honorary Professor
05-04-1999	Ordinance 29 Part I (Acacemic) Visiting Professor
05-04-1999	Ordinance 30 Part I (Acacemic) Research Projects & Other Projects
05-04-1999	Ordinance 32 Part I (Acacemic) Convocation
05-04-1999	Ordinance 33 Part I (Acacemic) Methods of Election of Members for the Majlis-I-Talimi (Academic Council)
05-04-1999	Ordinance 34 Part I (Acacemic) Fees
08-04-2009	(Heads of the Departments of studies-powers and functions)
28-09-2012	Ordinance 11 Part I (Acacemic) Examination Committee
28-09-2012	Ordinance 36 Part I (Academic) Rules for Transitional Students of Postgraduate/ Undergraduate Programmes
04-04-2013	Ordinance 22 Part I (Acacemic) The Chief Proctor
29-04-2014	Ordinance 37 Part I (Academic) Transfer of Credit
05-01-2015	Degree of Master of Philosophy (M. Phil.)
06-01-2015	Ordinance 11 Part I (Acacemic) Medium of Instruction and Examination
06-01-2015	Admission Committees
17-08-2016	Ordinance 26 Part I (Acacemic) Re-employment of Teachers
26-08-2016	Ordinance 35 Part I (Acacemic) Attendance
28-04-2017	ProgrammesCourses of Study
01-05-2017	Reservation of seats and other special provision for admission
02-05-2017	Students Discipline
03-10-2017	Admission and enrollment of students
07-11-2017	The University Examinations
09-11-2017	Ordinance 31 Part I (Acacemic) Fellowships, Scholarships and Gold Medals for Students
29-05-2018	Ordinance 9 Part I JMI (Acacemic) The Degree of Master of Philosophy (M. Phil.) Doctor of Philosophy (Ph.D)

Section 26. Power to make Regulations.

The authorities of the University may make Regulations consistent with this Act, the Statutes and the Ordinances for the conduct of their own business, and that of the Committees appointed by them and not provided for by this Act, the Statutes or the Ordinances in the manner prescribed by the Statutes.

Section 27. Annual report.

(1) The annual report of the University shall be prepared under the direction of the Majlis-i-Muntazimah (Executive Council) and shall be submitted to the Anjuman (Court) on or after such date as may be prescribed by the Statutes and the Anjuman (Court) shall consider the report in its annual meeting.

(2) The Anjuman (Court) shall submit the annual report to the Visitor along with its comments, if any.

(3) A copy of the annual report as submitted to the Visitor shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both the Houses of Parliament.

Section 28. Annual accounts.

(1) The annual accounts and balance-sheet of the University shall be prepared under the directions of the Majlis-i-Muntazimah (Executive Council) and shall, once at least every year and at intervals of not more than fifteen months, be audited by the Comptroller and Auditor-General of India or by such persons as he may authorise in this behalf.

(2) A copy of the annual accounts, together with the audit report thereon, shall be submitted to the Anjuman (Court) and the Visitor along with the observations of the Majlis-i-Muntazimah (Executive Council).

(3) Any observations made by the Visitor on the annual accounts shall be brought to the notice of the Anjuman (Court) and the observations of the Anjuman (Court), if any, shall, after being considered by the Majlis-i-Muntazimah (Executive Council), be submitted to the Visitor.

(4) A copy of the annual accounts, together with the audit report as submitted to the Visitor, shall also be submitted to the Central Government which shall, as soon as may be, cause the same to be laid before both the Houses of Parliament.

(5) The audited annual accounts after having been laid before both the Houses of Parliament, shall be published in the Gazette of India.

Section 29. Conditions of services of employees.

(1) Every employee of the University shall be appointed under a written contract, which shall be lodged with the University and a copy of which shall be furnished to the employee concerned.

(2) Any dispute arising out of a contract between the University and any of the employees shall at the request of the employee, be referred to a Tribunal of Arbitration consisting of one member appointed by the Majlis-i-Muntazimah (Executive Council), one member nominated by the employee concerned and an umpire appointed by the Visitor.

(3) The decision of the Tribunal of Arbitration referred to in sub-section (2), shall be final, and no suit shall lie in any civil court in respect of the matters decided by the Tribunal.

(4) Every request made by the employee under sub-section (2), shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration Act, 1940 (10 of 1940).

Section 30. Procedure of appeal and arbitration in disciplinary cases against students.

(1) Any student or candidate for an examination whose name has been removed from the rolls of the University by the orders of resolution of the Shaikh-ul-Jamia (Vice-Chancellor), Discipline Committee or Examination Committee, as the case may be, and who has been debarred from appearing at the examinations of the University for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to Majlis-i-Muntazimah (Executive Council) and the Majlis-i-Muntazimah (Executive Council) may confirm, modify or reverse the decision of the Shaikh-ul-Jamia (Vice-Chancellor) or the concerned Committee, as the case may be.

(2) Any dispute arising out of any disciplinary action taken by the University against a student shall, at the request of such student, be referred to a Tribunal of Arbitration and the provisions of sub-sections (2), (3) and (4) of section 29 shall as far as may be, apply to a reference made under this sub-section.

Section 31. Right to appeal.

Every employee or student of the University shall, notwithstanding anything contained in this Act, have a right to appeal within such time as may be prescribed by the Statutes, to the Majlis-i-Muntazimah (Executive Council), against the decision of any officer or authority of the University and thereupon the Majlis-i-Muntazimah (Executive Council) may confirm, modify or reverse the decision appealed against.

Section 32. Provident and pension funds.

(1) The University shall constitute for the benefit of its employees such pension or provident fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the Statutes.

(2) Where such provident fund or pension fund has been so constituted, the Central Government may declare that the provisions of the Provident Funds Act, 1925 (19 of 1925), shall apply to such fund as if it were a Government provident fund.

Section 33. Disputes as to constitution of University authorities and bodies.

If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Visitor whose decision thereupon shall be final.

Section 34. Constitution of Committees.

Where any authority of the University is given power by this Act or the Statutes to appoint Committees, such Committees shall, save as otherwise provided, consist of the members of the authority concerned and of such other persons (if any) as the authority in each case may think fit.

Section 35. 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 members 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.

Section 36. Proceedings of University authorities or bodies not invalidated by vacancies.

No act or proceedings of any authority or other body of the University shall be invalid merely by reason of the existence of a vacancy or vacancies among its members.

Section 37. Protection of action taken in good faith.

No suit or other legal proceedings shall lie against any officer or employee of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act, the Statutes or the Ordinances.

Section 38. Mode of proof of University record.

A copy of any receipt, application, notice, order, proceeding, resolution of any authority or Committee of the University, or other documents in possession of the University, or any entry in any register duly maintained by the University, if certified by the Musajjil (Registrar), shall be received as prima facie evidence of such receipt, application, notice, order, proceeding or resolution, documents or the existence of entry in the register and shall be admitted as evidence of the matters and transaction therein where the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872) or in any other law for the time being in force.

Section 39. Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid before Parliament.

(1) Every Statute, Ordinance or Regulation made under this Act, shall be published in the Official Gazette.

(2) Every Statute, Ordinance or Regulation made under this Act shall be laid as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the Statute, Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regulation should not be made, the Statute, Ordinance or Regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Statute, Ordinance or Regulation.

Section 40. Power to remove difficulties.

If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:

Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act.

Section 41. Transitional provisions.

(1) The Anjuman (Court), the Majlis-i-Muntazimah (Executive Council), the Majlis-i-Talimi (Academic Council), the Majlis-i-Maliyat (Finance Committee) and Faculties of the University shall, as soon as may be, after the commencement of this Act, be constituted in accordance with the provisions of this Act and until so constituted, the Anjuman (Court), the Majlis-i-Muntazimah (Executive Council), the Majlis-i-Talimi (Academic Council), the Majlis-i-Maliyat (Finance Committee) and Faculties of the Jamia Millia Islamia functioning immediately before such commencement, shall continue to exercise all the powers and perform all the functions of such authority under this Act.

(2) The Amir-i-Jamia (Chancellor), the Shaikh-ul-Jamia (Vice-Chancellor), the Musajjil (Registrar), Deans of Faculties, Heads of the Departments, Principals of Institutions, other officers and employees of the Jamia Millia Islamia holding office immediately before the commencement of this Act, shall, on and from such commencement, continue to hold their respective offices by the same tenure and upon the same terms and conditions as they held it immediately before such commencement.

(3) Anything done or any action taken or any degree or other academic distinction conferred by the Jamia Millia Islamia before the commencement of this Act shall, notwithstanding any change made by this Act in the constitution of the Anjuman (Court), the Majlis-i-Muntazimah (Executive Council), the Majlis-i-Talimi (Academic Council), the Majlis-i-Maliyat (Finance Committee), Faculties and other officers be valid, as if such thing was done, action taken, or degree or academic distinction conferred under this Act.