 10k sabra corrigenujm tothe iii gijlli mu slin uni vers£: ty (seco nd ai-iendment) bill, 1980 (to be/ls intro ducedin 10k sabha) page 4, in the ~rginal heading to pmpo sed new section ?na,-fo r "di s qu ali fi c a tio ns it re ad itdi i':<}ij ali fi p atj (\ n " new delhi; ~'il gu st 11  __ 198 0 sravana 20, 19 o~tsaka)  8iu no 161 of 1880 the aligarh muslim university (second amendment) bill, 1980 a billj'lllrther to amend the aligarh muslim university act, 1920 be it enacted by parliament in the thirty-first year of the republic of india as foilows:-1 (1) this act may be called the aligarh muslim university (second amendment) act, 1980 short title and commen_ cement s (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint "oot 1920 2 in the aligarh muslim university act, 1920 (hereinafter referred to as the principal act), in the long title and in the preamble, the words "establish and" shall be omitted amend mentol jong title and pre_ amble 3 in section 2 of the principal act,-10 amend_ mental clause shall be inserted, teetfon 2 the employees of the uni-i (hh) "non-teaching staff" means versity other than the teachers;'; (i) after clause (h), the following namely:-, ~ ~;' (ii) clause (j) shall be omitted; (iii) tor clauae (1), the following clauee shall be subatituted namely:-'(l) "university" means the educational institution of their choice established by the muslims ot india, which originated 88 s the muhammadan anglo-oriental college, aligarh, and which was subsequently incorporated as the aligarh muslim university:  4 in section 5 of the !principal act,-amend mentof ifttion i (i) in clause (2), after sub-clause (b), the following sub-clause shall be inserted namely:-10  (c) to promote especially the educational and cultural advancement of the muslims of india;"; (ii) in clause (i), the words "and determine their conditions of service in accordance with the statutes" shall be added at the end; (iii) for dause (9), the following clause shall be substituted, 15 namely:-"(9) to institute and maintain halls for the students of the university;"; (iv) in clause (l1b), the words "and determine their conditions of service in accordance with the statutes" shall be added at the end 20 5 for section 8 of the principal act, the following section shall be substituted, namely:-substitution at new&ec tionfor section 8 "8 the university shall be open to all persons (including the teachers and taught) of either sex and whatever race, religion, creed, caste or class: 25 univer sityopen to all persons  provided that nothing in this section shall be deemed to prevent j rel1g16us"1risti-\l~ioni'being given "in~ ithetnilnner '~;nltd by the ordinances to those who have consented to ~ive it"  6 in section 16 of the princiqal act,-i·" d en -  't f v' 'a 0,  section i6 '(i)' '~i(eticljllse; ysa) : 'the' 'following clliu8e ''''11  be i inserted, 3" namely:-'·'(sb)·:thj '1ionmi treamer;"; - , ~ ;  (ii) existing clauses (3b),' '(sc)'bbd (3d) 'iball -be" renumbered as clauses (3c) , (3d) and (3e) thereof respectively 7 in section 17 of the principal~ct, for sub-section (1), the follow- 35 ing sub-section shall be sudrttfot\!d,ntbely: -- a1oend_ du!fttof  mcltion·17 " (1) the ····chanc~l1or  of the' t1tii"et"lftty-'"' sldl1 ~  "elected by the col,jrt in sljch manner and for such term as may' be' ~cribed by the- "si8tu~"    ,   " , (l~, the follow-amend mentor  8 in sectkm 18 of the prircipal act ior ~seci1on idg sub ti  , -see eii1 shall be substituteg\ namely:-section 18 " (1) the pro-chancellor shall be elected by the court in such manner awl for such t~lll _ ~ be p~~fi~ qy ~e statutes" 5 ~ sections 20a and 20b of the principal act shall be ,,~mum"""red as sections 20b and 2oc'   """nr"r" be  respectively, and before section 20b as so renumred, the followmg secti9tl splijl q, 4lli~r~~, nqp1~~:~ insertion of new section 2oa the honorary treasurer  "2qa (1) the honor~ry ':l'r~_~sure~ ~u be ~l~t~q by ~p~ c~l!r\ in such manner and for such term as may be prescribed by the sta,tutes 10 (2) the honorary treasurer shall exercise luch ~ow~r, ~ ~r~ form such functions as may be prescribed by the statutes" 10 in section 21 of the principal act, after the words "the pro-vice-chaneeuor,", the words "the ho~ary tr'~4fer," ~l be ~rtej amend_ mentof section a1 11 in section 22 of the principal act,-15 an!~~"; mentol (i) after clause (3), the following namely:-clause shall be in~ert~d, section 22 "(3a) the finance committee;"; (ii) in clause (3b), the word "and" shall be inserted at the end; (iii) clause (3c) shall be omitted 20 12 for section 23 at the principal act, the following section shall be substituted, namely:-substitution of new section for section 23 the coullt "23 (1) the court shall consist of the chaw:~or,,tqe prq-chancellor, the vice-chancellor and the pro-vice-chancellor (if any) for the time being, and such other persons as may be specified in the statutes (2) the court shall be the supreme governin~ body of the university and shall exercise all the powers of the umve~slty not other- provided for by this act,the statutes, the orduu~nces and the :~ulations and it shall have power to reviewthe acts of·the ex~\wve rnd the academic councils (save where such counclls ~u acted  dane with powers conferred on them under this aot,- the 10 accor e  statutes or the ordinances) (3) subject to the provisions of t~is ~ct, ~he colw't ,shall~ercise the following powers and perlormtbe jollowl~g 4~les, ~e1y;-(a) to make statutes andte ame~ or repe,al the 1p&ln!; (b) to coil'lider ol'pinances; (c) to consider and pass resolutions on the ,8nnualreport, 1 accounts and the 1lnancfal estimates; the annul (ci) to elect aucl1 persons to &erve on the authorities of the university and to appoint such officers as may pe ,prescribed by this act or the statutes; and (e) to exercise ·sueh otber powers and perfonn such other duties as may be conferred or imposed upon it by this act or the 5 statutes" 13 in section 26 of the principal act for the wordsi'and functions of the faculties and of the students' council", the words "and functions of the finance committee and the faculties" 'shall be substituted amendment of ectlon 28 14 after section 26 of the principal act, the following section shall 10 be inserted, namely:-- insertion of new section 26a "26a a person shall be disqualified for being chosen as, and for being, a member of any of the authorities of the university if he is not a citizen of india" duquauftcations for membership 15 in section 27 of the principal act,-is amendmento! section 27 (i) in clause (0), the words "the finance committee" shall be omitted; (ii) for clause (c), the following clause shall be substituted, namely:-"(c) the manner of election or appointment, as the case may 20 be, of the chancellor, the pro-chancellor, the vice-chancellor and other officers of the university;" 16 for section 28 of the principal act the following section shall be substituted, namely:-substitution of new section ~or section 28 statutes "28 (1) on the commencement of the aligath muslim univer- 25 aity (second amendment) act, 1980, the statutes in force immediately before such commencement shall be the statutes of the university (2) after the commencement of the aligarh muslim university (second amendment) act, 1980, the court may, notwithstanding anything contained in sub-'section (1), make new or additional sta- 30 tutes or may amend or repeal the statutes referred to in sub-section (1) in the manner hereinafter provided in this section (3) the executive council may propose to the court the draft of any statute for its consideration and such draft shall be considered by the court at its next meeting:  35  provided that the executive council shall not propose the draft of any statu1;c or of any amendment of a statute affecting the status, powers or constitution of any authority of the university until such 5 ~utho~l~y has been given an q?portunity of expressing an opinion n ~itmg upon the proposal and any opinion so expressed shall be considered by the court lu (4) the court may approve any such draft a's is re~red to in sub-section (3) or reject it or return it to the executive coundl for reconsideration, either in whole or in part, together with  any amendments which the court may suggest 15 (5) any member of the court may prc"ose to the court, the draft of any statute and the court may reject the proposal or refer such draft for consideration to the executive council, which may either reject the proposal or submit the draft to the court in such form as the executive council may approve and the provisions of this section shall apply in the case of any draft ;0 submitted as they a?ply in the case of a draft proposed by the executive council (6) no new statute or amendment or addition or repeal of any statute shall come into force unless it is approved by the visitor, who may sanction or disallow it, or return it for further consideration  2j 17 in sub-section (3) of section 31 of the principal act, after the words "this section" the words ", other than any regulation made by the court," shall be inserted amendment of section 31 18 in section 34 of the principal act, after sub-section (2), the 25 following sub-section shall be inserted, namely:-amendment of section 34  "(3) a copy of the annual report as submitted to the visitor shall also be submitted to the central government, which shall, a~ sood ~~ may be, cause the same to be laid before both houses of parhament   19 for section 35 f th principal act the following section shall be 0 c , 30 substituted, namely:-substitution of new section for section 35 annual accounts 3:> , aunts and balance sheet of the univer-"35, (1) the a~nu~n~~~' the direction of the executive council sity shall be prepalcd  'car and at intervals of not more than and shall, once at least every yth comptroller and auditor-general h b audited bye i tho fifteen mont s, e ' ns as he may authorise n is h person or perso of india or by suc behalf 1 ounts together with the audit re-(2) a copy of the annu,a adc~ the' court and the visitor along hall be sllbmltte 0 , port thereon, s, f th executive council b rvatlons a e 1 with the 0 se th visitor' on the annua  (3) any observations made bye\,, h tice of the court and the o~ervaccounts shall be brought toh til e :r~er being considered by the execua curt if any, sa,  ' tions of the 0 ~ubmitted to the visitor, tive council, be (4)' a eq!'jy of t'he: 8mual eteul'its, ~  \ttft! ate smftt report, is subrrjtt~dl to lli~ vi!'it'or, sl\all also b~ sub'tnttted to th~ cel'riral government, which shall, as soon as may be, cause the same to be laid bblare both hotiifis of pal"ltameat (5) the audited annual accounts, aher having been laid before 5 both the' hous~ of parltamertt, shan be pctbb~1ted fti the! ga~e of india", a:bi~l toiulendjtbe,de6~tiqn,,-qf '~l1iu~ejty" i:js,q~r¥if~(!d ,jon )the !t\ligarh,mutllim ,-u:m~r"ty 4et ·,wasijn~~jprjbe ~ c,&ep~a ,~ -mueh: 28, la980 j~ - as\,~ ltriag ollt,~sfly~ tmt;yte,uwval~ is' ,tl)e -~~alid84t"tionofj;hwr _che,~~qijdj~tyr~he ~ \if l~lawhiah ,~)~ -\hej4ujqa~a,n l\i~,,~l '~!ie ~"tym1d'l\yjhim ~jls s~b~nuy,~~tl;~'sj,ijle:ni~rh,m~ 'ultiwi'8l   2 subsequently, representations were received  from a number of organisations, eg, -jamiat-ulma-i;hind -all -'india' muslim  uniftrsity action committee, staff association ~nd the students union of the aligarh muslim' university and various other organisations and iooividuals for comprehensive amendment of the aligarh' muslim universi'ty act 3 the suggestions received were examined by government and consultations were also held with the representatives of the aligarh muslim university and other organizations and the conclu'sion arrived at was that a comprehensive bill to amend aligarh muslim university act be introduced in the current session of the lok sabha 4 the main features of the bill are as follows:-(i) omission of the words "establish and" from the long title and preamble to the act (ii) amendment of the definition of the expression "university" occurring in the act (iii) empowering the university to promote especially the educational and cultural advancement of the muslims of india (iv) restoring the status of the supreme governing body of the university 00 the court (v) change in the procedure of appointment of chancellor and pro-chancellor (vi) restoration of the office of the honorary treasurer 5 the bill seeks to achieve the above objects p shiv shanker new delhi; the 9th august, 1980 clause 16 of the b1n which proposes to substitute a new sectior for section 28 of the aligarh muslim univel'&ity act, uno, enables the court of the university to make new or addftional statutes of the university or to amend or repeal such statutes the matters in respect of which the court may exercise this power relate to the conltitution, powers and functions of the authorities of the university, the mannet of appointment or election, of the chancellor, the pro-chancellor, the vice-chancellor and other officers of the university, the manner of appointment of teachers and other employees of the university and other matters 2 the above matters pertain to matters of procedure or detail and as such the delegation of legislative power is of a normal character  annexure erl'racrs prom tid: almarr mt7blim ujilvouiiil'ri at:r, 1920 (40 all' 1920)an act to establish and incorporate a teaching and· residential muslim university at aligarh     - whereas it is expedient to establish and incorporate a teaching and rt>s~dential muslim university at aligarh, and to dijaolve the soeietles registered under the societies' registration act, 1880 (21 of 1888), which are respectively known as the muhammadan anglo-oriental college, aligarh, and the muslim university asaocia~ and to tradsferto and vest in the said university all properties and rights of the said societies and of the muslim university foundation committee;     2 in this act and in all statutes made hereunder, udlea the codtext d6al  otherwise requires,-uona - -  -   m "students' council" melda the students' councu of tbe university; - - - - - (1) "university" means the aligarh muslim univenlty  ~  - - - - i - 5 the university shall have the following powers, umely:--  - - - (2) (g) to promote oriental and ialam1c studies and jive idstruction in muslim theology and t'eligion and to impart mertl 1d4 physical training;      (7) to institute profe~rships, readerships, u:ctureahip! and other teaching or academic posts required by the uruvenlty, add to appoint persons to such professorships, readerships, lecturelhips    - and other posts;      (9) to institute and maintain, within a radius of twenty-ftve t kilome res 0 f the university mcsque, han and hosteb and to hcoi-u -fty within the  f idence for the students of the ruve~, ruse p~a~ 0 dre8to withdraw if'uch recognition accorded to any alch said lliluts an place of residence; - te dministrative ministerial and other poats and (llb) to crea a ' to make appointments thereto;   - - - univeropen to all classes, castes and creeds 8 • the university shall be open to persona of either sex and of wha~ ever race, creed, caste, or class, and it shall not be lawful for the udivel'-sity to adopt or impose on anytmtm,1by test whatsoever of religious bejief or profession in order to entitle him to be admitted therein, as a teacher ii'?,itdl6t; tjto ttihotd uij _0& tberidjl, "nco :ar  thereat, or to enjoy or exercise any privil~ge thereof, except in respect of any particu:ar benefaction ac:epted 1)yl the ~trersity, before the commence-~~ ~~~h mjjsri~uni,v~rsi~ (~t),~tl~' wbere such teat is maae a co ~~~  \he~f ~y any teljtamenwu-y or other instrumej)t creating such benetaction: - - - officers of the university - - - ,',  - the chaoctph  lor :-:,,; 17 (1) the chancellor of the university shai1 be appointed by the visitor in such mamer u may bft prwcrlbed bj tlul statutes - - - - 18  (1) the pro-chancellor shall be appointed by the visitor in such rhwltn~ as rhiiy be prescribed hy di~ statu~ ' i the pro-chancellor ' - - - - zi tlj~:p'ow~rs~t oftjcera otber than the chaacellor,~e;f'jd-cbnoel­i?pwlmc" ofi_\w~ ofti~-:wv lo~, the ~ice-chancellor: the pro-vi~e-chancellor, the registrar and the fmance dfficer shall be prescribed by the statutes   ' •• l~ ~ ,'"  ~_ ~ - i' ,j __ t'r-:,~ ~  ~~~~  ~ '~'~;:,,~~                                               -                                                                                                                                                                                ,                                                                                                                                    - authori-ties of the univer sity 22, the following shall be authot'ities of the university:-         -                             -                                                                                                                   -                                                                                      -        (s8) the faculties,          (3c) the students' council; and           -                          -                                         -                                                        -                                                                       -   ~ (1) theconstitutk>n of the court and the telm of oftlce of its rriibers ,shall be such as may be preseriped by the s~~utes ':                                                                             j the court -   (2) sub:;ect to the provisions or this act, the court shall' hvt! the following powers and functions, namely: -''                                                                                                                                   ":                                                                             i     , ,,(~), ,tq rm,ew: from time to ti~1  the ~                                                                                                                polictee and pro-grltlmnei·tit the-'uhtwrs-ity'dnd 'to· ~"," tin~& ~orth~ imp ve-ment and development of the umv~~j ·  '  :"~~··j;11 off                                                                                                               "          (b) to consider and pass resolutions on the annual report, annual accounts of the university and the audit report thereonj      (c) to advise the v"t                                          referred to ·t ~                          d' 181 or in respect of any matter which jilav                                                                                            ~                1 lor a vice; and                                                                                    '                                                                                         -" st ' (d) to perform sucb other functions" : ~"'"  l~' "" ••• - 'i'~", ~"'i   at utes                                       , ''1                                             ~s may geffescrl~ ljy ~~e                                                                                         ~                                                         ,  '~                                                                ,; 1 ',  "                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              26, the constitution                                                                '                                                                                             ' the students' c                              i' powers and functions of the faculties and of b th                       ounc 1 and of such other authorities u lilay be d,ecblred by he statutes to be authorities of the uttiyetbi shall bt ---''-1   y t e statutes                                                                                                                                      ,"                                                                                   iii                                                                                             tm~~ other authon-tie ' (jf ,,,' thi!"      h';· ,; univer-sity                                                                                                                                                                                                                                                                                                                                                                                                        f 27, subject to the provisions of this aet,tttestatutes mlly proi-ide  or all or any of the following matters, namel,:-power to make statutes th     (a), the constitut~on, powers and ,functions of ~~ a~thorit"of   e umverslt~, the finance committee and such other authorities as may be constituted from time to time'                                                                                                                                                                                                                                                                                                                                                                  ,                                                   i       (c) the manner of a;>pointment of the chanoe1lor, vice--c~i lor, and other officers of the univetsity;                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            - 34 of 1972 28 (1) on and from the commencement of the aligarh muslim uni· statutes versity (amendment) act, 1972, the statutes, as set out in the schedule, shall be the statutes of the university: provided that the provisions of statutes 29 to 46, both 'inclusive, of the university (relating to provident fund, pension and gratuity for the employees of the university), as in force immediately before such commencement, shall be deemed to be included in the statutes set out in the schedule and shall, until new statutes are made under sub-section (2), continue in force subject to such modifications [being modifications necessary for bringing them into accord with the provisions of this act as amended by the aligarh muslim university (amendment) act, 1972] as the executive council may, with the approval of the visitor, make 34 of 1972 (2) after the commencement of the aligarh muslim university (amendment) act, 1972, the executive council may, notwithstanding thing contained in sub-section (1), make new or additional statutes ~~y may amend or repeal the statutes referred to in sub-section (1): p "ded that the executive c(luncil shall not make, amend or repeal rovl t't ti f h  stat t affecting the status, powers or cons 1 u on 0 any au onty any uu, e 't untl'l such authority of the university has been given of the mversl y  't f xpressing the opinion on the proposed, changes which an opportum y 0 e   t' d shall be considered by the executive council shall be 10 wn 109 an stat te or addition to the statutes or any amendment (3) every newatute ~hall require the nrevious approval of the vieitor or repeal of a ~t d' 11 w it or return it to the executive council for who may sanction or isa 0 further consideration,      31 (1) -  - - regulationa (3) the executive council may direct the amendulent, in iuch manner as it may specify, of any regulation made under this section or the bddulmedt of any such beplation  - -   - - 31 (1) the annual &ccowlta and balance sheet of the university shall be prepared under the direction of the 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 (2) the annual accounts when audited shall be published in the official gazette, and a copy of the accounts, together with the report of the comptroller and auditor-general shall be submitted to the court, the visitor and the chancellor alongwith the observations of the executive council (3) any observations made by the visitor on the annual accounts shall be brought to the notice of the court and of the chancellor and the obeervatiolll ot the court, if any, shall, after being considered by the kecutive council, be submitted to the visitor - -   - bill further to amend the aligarh muslim university act, 1920 (shri p shiv shanker, minibt:er of i,clw, jutice and company affair • ) r 