The University of Allahabad Act, 2005

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An Act no. 26 of the year 2005 was enacted by the Indian Parliament with the short title as ‘the University of Allahabad Act, 2005’ being the Act of Central Government. The Act was enacted with the aim and object to make declaration to the effect that the University of the Allahabad is one of National importance and also the provisions have been made for its incorporation. The second provision of the Act provides for making of declaration to the aforesaid effect. The Act was assented by the President of India on 23rd day of June, 2005. The said University is located at Allahabad, in the State of Uttar Pradesh and was established in the year 1887 on 23rd September, now the same is 4th oldest University in the Country.

So far as the incorporation of the University is concerned, the section 4 of the Act provides for the same. And also it is given that the Chancellor, Vice- Chancellor and Member of the Court, Executive Council and Academic Council and other persons being officers or members as such will constitute the said University. Provision also specified the location of the University at Allahabad. It is also given under next provision that, the references to the University of Allahabad under any law, or contract or otherwise under any instruments will be treated as to the University incorporated under this Act, not only this but, also every properties, belonging to earlier University are required to vest in the incorporated University and all rights, liabilities of that University should be transferred to the incorporated University and finally, all employees of the earlier University of Allahabad are required to hold their offices or serve for the University incorporated under this Act with all their similar terms and conditions of employment and service. Further, section 6 of the Act specifies the objects of the University, the main among them is to disseminate and advance the knowledge by providing instructional and also research facilities in its branches of learning. Also there are other relevant objects which are specifically enlisted under the provision. Similarly, the University incorporated under this Act, is also vested with certain powers which are mainly connected with its objects. The University further provided to exercise its jurisdiction relating to the areas within a radius of 16 kilometres from the Convocation Hall of the same. Section 9 of the Act is provided to deal with the issue of discrimination, while admitting or employing any persons. It is given that there should not be any discrimination amongst the candidates either on the basis of their cast, creed, sex, race, etc. and the University should be open for everyone. However, provisions regarding special reservation to the special categories of the persons can be made by the University in respect of their employment or admission therein.

The honourable President of India is required to be the Visitor of the University. And there can be appointed by such Visitor, person to take enquiries, review regarding the work and progress thereof. Such Visitor can also cause any inspection which is to be made by any directed persons for looking after the University, its buildings, libraries, etc. Section 11 further, required to appoint the Governor of the State of Uttar Pradesh as the Chief Rector of the University.  Further, section 12 enlists the number of Officers of the University including the Chancellor, Vice- Chancellor and Pro- Vice- Chancellor, Faculty Deans, Registrar and Finance Officer and also other Officers which will be provided by the Statutes of the University. And all other relevant provisions as to their appointments, powers, function, etc. are provided under subsequent provisions thereafter. Similarly, the authorities of the University including the Court, Executive and Academic Committee, Board of Faculties, etc. are also provided under section 20 and the details of their appointments, etc. are provided under subsequent provisions thereof.

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The Act makes provisions as to making of Statutes, Ordinances in which the provisions as to the matters should be provided, which are enumerated under the provisions of section 27 and 29 of the Act. Procedure of making those Statutes have been given under section 28 of the Act which is to be initiated from the Executive Council. Similarly, the provisions of section 30 of the Act provides that the Authorities of the University can make Regulations dealing with the conduct of business of such authorities and that of Committees also. Provisions regarding annual reporting, accounts and auditing thereof are also provided under Act.

The Act further provides that the employees of the University to be appointed under the written contract and in case of any disputes as to such contract of employment, the matters are to be referred to the Arbitration Tribunal whose decision will be final. Provisions as to provident funds constitution by the University for the benefits of its employees, are contained under section 37 of the Act.

Lastly, the provisions have also been provided for protecting the actions of the Officers, employees of the University from the legal actions, if are under good faith or in pursuance with the provisions of this Act. The Central Government is vested with the powers to provide for removal of difficulties which can arise in case of giving effect to the provisions of this Act.

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by Faim Khalilkhan Pathan.