THE SCHEDULE. PART I.-OFFICES TO BE DEEMED TO HAVE BEEN SPECIFIED UNDER SECTION 5, SUB-SECTION (1), CLAUSE (a). PART II-PERSONS TO BE DEEMED TO HAVE BEEN APPOINTED, OR TO HAVE BEEN ELECTED AND APPROVED AS FELLOWS, UNDER SECTION 5, SUB-SECTION (1), CLAUSE (b) OR CLAUSE (c). AN ACT TO ESTABLISH A UNIVERSITY AT ALLAHABAD. WHEREAS it has been determined to establish a University at Allahabad; it is hereby enacted as follows: 1. (1) This Act may be called the Allahabad University Act, 1887, and Title and commence ment. (2) it shall come into force at once. 2. (1) A University shall be established at Allahabad, and the Governor-General for the time being shall be the patron of the University. Establishment and incorporation of University. (2) The University shall consist of a Chancellor, Vice-Chancellor, and such number of Fellows as may be determined in manner hereinafter provided. (3) The University shall be a body corporate by the name of the University of Allahabad, having perpetual succession and a common seal, with power to acquire and hold property, moveable or immoveable, to transfer the same, to contract and to do all other things necessary for, or incidental to, the purposes of its constitution. on (4) The University shall come into existence such day as Local Government may, by notification in the official Gazette, appoint in this behalf. 3. The Lieutenant-Governor of the North-Western Provinces for the time being shall be the Chancellor of the Univer Chancellor. sity, and the first Chancellor shall be the Hon'ble Sir Alfred Comyns Lyall, Knight Commander of the Most Hon'ble Order of the Bath, Knight Commander of the Most Eminent Order of the Indian Empire. 4. (1) The Vice-Chancellor shall be such one of the Fellows as the Chancellor may from time to time appoint in this behalf. Vice-Chancellor. (2) Except as provided in sub-sections (3) and (4) he shall hold office for two years from the date of his appointment, and on the expiration of his term of office may be re-appointed. (3) If a Vice-Chancellor leaves India, he shall thereupon cease to be Vice-Chancellor, unless the Chancellor otherwise directs. (4) The Hon'ble Sir John Edge, Knight, Queen's Council, Chief Justice of the High Court of Judicature for the North-Western Provinces, shall be deemed to have been appointed the first Vice-Chancellor, and his term of office shall, subject to the provisions of subsection (3), expire on the last day of December, 1889. 6. (1) First Fellows. (2) The persons named in Part II of the Schedule shall, except for the purpose of the second clause of the proviso to section 5, sub-section (1), be deemed to be Fellows appointed under clause (b) of sub-section (1) of section 5, or elected and approved under clause (c) of that sub-section. 7. (1) (2) The Chancellor may, with the consent of not less than two-thirds of the members Vacation of office of of the Senate, present at a meeting specially convened for the Fellow. ALLAHABAD UNIVERSITY ACT. (3) If any Fellow leaves India without the intention of returning thereto, or is absent from India for more than four years, he shall thereupon cease to be a Fellow. 8. Every person who has filled the office of patron Honorary Fellow. or Chancellor shall be an Honorary Fellow of the University, but shall not be a member of the Senate. 9. (1) The Chancellor, Vice-Chancellor, and Fellows for the time being shall form the Senate of the University. Constitution and powers of Senate. (2) The Senate shall have the entire management of and superintendence over the affairs, concerns and property of the University, and shall provide for that management and exercise that superintendence in accordance with the rules for the time being in force under this Act. 16. (1) The Senate may charge such reasonable fees for Power to levy fees. entrance into the University and continuance therein, for admission to the examinations of the University, for attendance at any lectures or classes in connection with the University, and for the degrees to be conferred by the University, as may be imposed by the rules for the time being in force under this Act. (2) Such fees shall be carried to a General Fee Fund for the payment of expenses of the University. * * 18. (1) Every examiner, officer or servant appointed or remunerated by the Senate, shall, for the purposes of the Indian Penal Code, be deemed to be a public servant. Examiners, officers, and servants of the Senate to be deemed to be public servants. (2) The word "Government" in the definition of the "legal remuneration" in section 161 of that Code shall, for the purpose of sub-section (1), be deemed to include the Senate, and sections 162 and 163 of the Code shall be construed as if the words "or with any member of the Senate of the Allahabad University were inserted after the words" with any Lieutenant-Governor. " Duty of Local Government to enforce Act and Rules. 19. It shall be the duty of the Local Government to require that the proceedings of the University shall be in conformity with this Act and the rules for the time being in force thereunder, and the Local Government may exercise all power necessary for giving effect to its requisitions in this behalf, and may, among other things, annul, by a notification in the official Gazette, any such proceedings which is not in conformity with this Act and those rules. 20. All appointments made under section 4, all elections approved, all degrees conferred and all rules made Notification in certain cases. * * shall be notified in the local official Gazette. 21. (1) The accounts of the income and expenditure of the University shall be submitted once in every year to the Local Government for such examination and audit as that Government may direct. Annual accounts and audit thereof. (2) For the purposes of the examination and audit, the auditor appointed by the Local Government may by letter require the production before him of any books, vouchers, and other documents which he deems necessary, and may require any person holding or accountable for any such books, vouchers or documents to appear before him at the examination and audit or adjournment thereof, and to answer all questions which may be put to him with respect thereto, or to prepare and submit any further statement which the auditor considers necessary in explanation thereof. (3) Any person who, in the absence of reasonable excuse, the burden of proving which shall lie upon him, refuses or neglects to comply with a requisition under sub-section (2), shall be punished for every such refusal or neglect with fine, which may extend to one hundred rupees. (4) When the auditor has completed the examination and audit he shall report the result thereof to the Local Government, and that Government may thereupon disallow any payment made contrary to law, and surcharge it on the person making or authorizing the making of the illegal payment. (5) If the amount of a payment so surcharged is not paid as the Local Government directs, within fourteen days after demand being made therefor, the Secretary of State for India in Council may proceed by suit in any Court of competent jurisdiction, to recover the amount from the person on whom the surcharge was made. THE SCHEDULE. [See Section 6.] PART I. PART II. Persons to be deemed to have been appointed, or to have been elected and approved, as Fellows under section 5, sub-section (1), clause (6) or clause (c) 1. The Hon'ble James Wallace Quinton, Bachelor of Arts, Bengal Civil Service, Member of the Board of Revenue of the North-Western Provinces, Companion of the Most Exalted Order of the Star of India, Fellow of the Calcutta University, Additional Member of the Council of the Governor-General for making Laws and Regulations, Member of the Council of the LieutenantGovernor of the North-Western Provinces and Oudh for making Laws and Regulations. 2. The Hon'ble William Tyrrell, Bachelor of Arts, Bengal Civil Service, Judge of the High Court of Judicature for the North-Western Provinces. |