The Maulana Azad National Urdu University Act, 1996

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The Maulana Azad National Urdu University Act, 1996 (hereinafter referred to as “The Act”) passed by the Parliament in the year 1997. However the university came into existence on 9th January, 1998 with the enforcement of the Act. The Maulana Azad National Urdu University is located in Hyderabad. The primary purpose behind the establishment of the Act is to promote Urdu language and to impart vocational and technical education in urdu medium along with conventional mode of teaching and distance education system.

A total of 43 sections have been provided in the Act along with a schedule as mentioned under section 26 of the Act. The Act starts with the commencement of the Act, definitions, establishment of the University and the objective behind the establishment. Further section 5 deals with certain power the university has been vested with namely, the making of appointments for the post of Professorships, Readerships and lectureships and if necessary for a specified period of time, a teacher might be appointed in furtherance of the object of the Act.  Moreover, the appointments for the ministerial and administrative post would also be made. Scholarships, fellowships, studentships would be granted to the meritorious students as well as honorary degrees would also be provided. Hence, the power defines the basic nature of the University. Section 6 specifies that the jurisdiction of the Act would cover the whole of India.

Section 8 clarifies that the said university would entitle the admission of students irrespective of caste, creed, religion and as mentioned by the Central Government, the University would provide special privileges to the women, physically handicapped/deformed or to weaker section of the society namely the scheduled castes and scheduled tribes.

Section 9 provides that the President would be the visitor of the University. The visitor of the University would be vested with various powers including the following. The visitor would review the work of the University from time to time by appointing some persons and after receiving a detailed report from them, he/she might take such actions which are necessary for the university. The visitor might cause an inspection to be made by appointing certain persons who would look into the laboratories, its equipment and any institution maintained by the university and also to inspect the mode of teaching whether it is beneficial for the students or not. The result of the inspection along with the advice would be conveyed to the Vice – Chancellor who would further communicate to the Executive council who had to take reasonable steps in conformity with the advice within a reasonable period of time.

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Section 9 provides the posts who would be the officers of the university. They are the Chancellor, the Vice – Chancellor, the Pro – Vice – Chancellor, the Deans of schools, the Registrar, the Finance Officer and the Librarian. The list is not exhaustive and any other names can be included as mentioned in the statutes.  The above mentioned officers would be dealt by the Act from section 10 to 17. Section 18 provides the authorities of the University namely the Court, the Executive Council, the Board of Studies, the Finance Committee and any other authorities as declared by the statutes. Section 19 to 24 deals with the same.

Section 25 and 26 deals with the power and formation of statutes. It provides that the first statutes would be set out in the schedule of the Act. The other statutes would be those as executed by the executive council from time to time. Section 27 to 30 deals with the power of making ordinances, regulations, annual reports and annual accounts. Section 31 specifies about the conditions of the service of employees which says that every employee should be instituted under a written contract and any dispute arising out of it would be referred to the Tribunal of Arbitration. The tribunal consists of a total of three members appointed as by the executive council, the employee and the visitor. The decision of the tribunal should be final and no appeal would lie to any civil court. Section 32 deals with the condition of students. It provides that the student whose name has been debarred from the university rolls should, within ten days of the receipt of such notice, appeal to the executive council. Any action taken by the disciplinary committee can be referred to the tribunal and the same powers and obligations would lie as mentioned in the case of employees. Right to appeal as mentioned in section 33 would lie to executive council.

Section 34 provides provident and pension fund to the employees. Section 35 says that in case any dispute arises as to certain appointments, in that case, the decision of the visitor should be final. Section 36 provides that if any new committee has to be constituted, in such a case, the new committee should consist of the authority members as mentioned in the act.  Further, Sections 37 and 38 deals with the filling and invalidation of vacancies.  Section 43 provides that any statute or ordinance formed under this act would be published in the official gazette.

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by Neha Dayal.