JAMIA MILLIA ISLAMIA ACT, 1988
(1) This Act may be called the Jamia Millia Islamia Act, 1988.
(2) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette appoint.
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1. 26-12-88.
In this Act, and in all statutes made hereunder, unless the context 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;
(c) "Anjuman (Court)" means the Anjuman (Court) 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 an
(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.
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 cont
The objects of the University shall be to disseminate and advance knowledge by providing instructional, research and extension facilities in such branches of learnings 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,
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 extramural studies, extensi
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.
(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 or Institution or School.
(3) The Visitor shall, in every case, give 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 rece
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.
(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,
(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 mat
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.
(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.
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.
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.
The manner of appointment and powers and duties of other officers of the University shall be prescribed by the Statutes.
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.
(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;
(c) to advise the Visitor in respect of any matter which may be referred to it for advice; and
(d) to perform such other functions as, may be prescribed by this Act or Sta
(1) The Majlis-i-Muntazimah (Executive Council) shall be the principal executive body of the University.
(2) The constitution of the Majlis-i-Muntazimah (Executive Council), the term of office of its members and its powers and duties shall be prescribed by the Statutes.
(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.
(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.
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.
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, falling of vacancies of members, and all other matters relating to those authorities for which it may be necessary or desirable to provide;
(c) the appointment, powers and duties of the officers of the University and their emoluments;
(d) the appointment of teachers of the University and other academic staff and their emoluments;
(e) the appointment of teachers and other ac
(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 Coun
(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;
(c) the medium of instruction and examination;
(d) the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for 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
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.
(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.
(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 mouths, be audited by the omptroller and. Auditor-General of India or by such persons as he may authorise in this ehalf.
(2) A copy of the annual accounts, together with the audit report thereon, shall be ubmitted to the Anjuman (Court) and the Visitor along with the observations of the Majlis-i-ntazimah (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.
(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 futhished 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
(1) Any student or candidate for an examination whose name has been removed from the rolls of the University by the orders or 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 the 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),
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.
(1) The University shall constitute for the benefit of its employees such pension 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, shall apply to such fund as if it were a Government Provident Fund.
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.
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.
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.
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.
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.
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 or in any other law for the time being in force.
(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, hqwever, that any such modification or annulment shall be without prejudice to the vali
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.
(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), 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 I
(See Section 24)
The Statutes of the University
1.THE AMIR-I-JAMIA (CHANCELLOR) :
(1) The Amir-i-Jamia (Chancellor) shall be elected by the Anjuman (Court) by a simple majority.
(2) The Amir-i-Jamia (Chancellor) shall hold office for a term of five years, and shall be eligible for re-election.
(3) The Amir-i-Jamia (Chancellor) shall, if present, preside over the meetings of the Anjuman (Court) and the Convocation of the University.
2. THE SHAIKH-UL-JAMIA (VICE-CHANCELLOR):
(1) The Shaikh-ul-Jamia (Vice-Chancellor) shall be appointed by the Visitor, from apanel of at least three persons recommended by a Committee cons
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