[6th
September, 1857] Repealed
by Mad. Act 7 of 1923 (Received
the assent of the Governor General on the 6th September 1857.) PASSED BY THE LEGISLATIVE
COUNCIL OF INDIA. AN ACT to establish and
incorporate an University at Madras. WHEREAS, for the better
encouragement of Her Majesty's subjects of all classes and denominations within
the Presidency of Fort St. George and other parts of India in the pursuit of a
regular and liberal course of education, it has been determined to establish an
University at Madras for the purpose of ascertaining, by means of examination,
the persons who have acquired proficiency in different branches of Literature,
Science, and Art and of rewarding them by Academical Degrees as evidence of
their respective attainments, and marks of honor proportioned thereunto; and
whereas, for effectuating the purposes aforesaid, it is expedient that such
University should be incorporated: It is enacted as follows: (that is to say)- The Eight HONORABLE GEORGE
FRANCIS EGBERT, LORD HARRIS, Governor of Fort St. George. The HONORABLE SIR
CHRISTOPHER KAWLINSON, Knight, Chief Justice of the Supreme Court of Judicature
at Madras. The Right Reverend THOMAS
DEALTRY, Doctor of Divinity, Bishop of Madras, Ex-officio. The HONORABLE SIR PATRICK
GRANT, Lieutenant-General, Knight Commander of the Most Honorable Order of the
Bath, Commander-in-Chief of the Forces in Madras, Ex-officio. The HONORABLE WALTER ELLIOT, Member of the Council of
Madras, Ex-officio. The HONORABLE SIR HENRY
CONYNGHAM MONTGOMERY, Baronet, Member of the Council of Madras, Ex-oficio. ALEXANDER JOHN ARBUTHNOT,
Esquire, Director of Public Instruction,
Ex-officio. EYRE BURTON POWELL, Esquire, Principal of the Presidency
College, Ex-officio. HENRY FORTEY, Esquire, Acting Principal of the
Presidency College, Ex-officio. JAMES KELLIE, Esquire, President of the Medical
College Council, Ex-officio. The HONORABLE SIR HENRY
BAYISON, Knight, Puisne Judge of the Supreme
Court of Judicature at Madras. THOMAS PYCROFT, Esquire, Chief Secretary to
Government. EDWARD MALTBY, Esquire, Acting Chief Secretary to
Government. JAMES DEWAR BOURDILLON,
Esquire, Secretary to Government. HENRY FORBES, Esquire, Acting Secretary to
Government. Colonel CHARLES ALFRED
BROWNE, Secretary to Government. JAMES BLAIR PRESTON, I
squire, Physican General. The Reverend Robert HALLEY,
Master of Arts, Principal of the Doveton
College. J. TOWNSHEND FOWLER,
Esquire, Principal of the Government
Normal School. P. SOOBROYOOLOO NAIDOO, President of Patcheapah's
Institution. WILLIAM AMBROSE MOREIIEAD,
Esquire, Provisional Member of the
Council of Madras. GUY LUSHINGTON PRENDERGAST,
Esquire, Accountant General. Colonel ARTHUR THOMAS COTTON Commandant of Engineers. Colonel CHARLES EDWARD
FABIER, Chief Engineer in the
Department of Public Works. Lieutenant-Colonel THOMAS
TOWNSEND PEARS, Companion of the Most Honorable Order of the Bath, Consulting
Engineer for Railways. Lieutenant-Colonel GEORGE
BALFOUR, Companion of the Most Honorable Order of the Bath. The Reverend JOHN RICHARDS,
Master of Arts. Lieutenant-Colonel FREDERICK
CONYSRS COTTON, Acting Mint Master. CHITTUR RUNGANABUM SASTRY, Head Interpreter in the
Supreme Court of Judicature. JOHN EMELIUS MAYER, Esquire, Professor of Chemistry and
Pharmacy in the Madras Medical College. The Reverend ROBERT KERR
HAMILTON, Master of Arts. The Reverend GEORGE HALL,
Master of Arts. The Reverend PETER SORENSON
ROYSTON, Bachelor of Arts. JAMES SANDERSON, Esquire, Surgeon in the Madras Army. The Reverend JOHN BRAIDWOOD,
Master of Arts. JOHN DAWSON MAYNE, Bachelor
of Arts, Professor of Law, Moral and
Mental Philosophy, and Logic, in the Presidency College. RICHARD BURGASS, Esquire,
Master of Arts, First Judge of the Court of
Small Causes. Lieutenant-Colonel JOHN
JOSEPH LOSH, Military Auditor General WILLIAM JUDSON VANSOMEREN,
Esquire, Doctor his Medicine, Professor of Anatomy and
Physiology in the Madras Medical College. SAMUEL JESUDASEN, Native
Surgeon. Major JOHN MAITLAND,
Superintendent Gun-carriage Manufactory. The Reverend A. BURGESS, The Reverend W. GRANT, being the first Chancellor,
Vice-Chancellor, and Fellows of the said University, and all the persons who
may hereafter become or be appointed to be Chancellor, Vice-Chancellor, or
Fellows as hereinafter mentioned, so long as they shall continue to be such
Chancellor, Vice-Chancellor, or Fellows, are hereby constituted and declared to
be one Body Politic and Corporate by the name of the University of Madras; and
such Body Politic shall by such name have perpetual succession, and shall have
a common seal, and by such name shall sue and be sued, implead and be
impleaded, and answer and be answered unto, in every Court of Justice within
the territories in the possession and under the Government of the East India
Company. The said Body Corporate
shall be able and capable in law to take, purchase, and hold any property,
moveable or immoveable, which may become vested in it for the purposes of the
said University by virtue of any purchase, grant, testamentary disposition, or
otherwise; and shall be able and capable in law to grant, demise, alien, or otherwise
dispose of, all or any of the property, moveable or immoveable, belonging to
the said University; and also to do all other matters incidental or
appertaining to a Body Corporate. The said Body Corporate
shall consist of one Chancellor, one Vice-Chancellor, and such number of
ex-officio and other Fellows as the Governor of Fort St. George in Council hath
already appointed, or shall from time to time, by any order published in the
Fori St. George Gazette, hereafter appoint; and the Chancellor,
Vice-Chancellor, and Fellows for the time being shall constitute the Senate of
the said University. Senate and Office vacated by
leaving India.- Provided that, if any person being Chancellor, Vice-Chancellor,
or Fellow of the said University, shall leave India without the intention of
returning thereto, his Office shall thereupon become vacant. The Governor of Fort St.
George for the time being shall be the Chancellor of the said University, and
the first Chancellor shall be the Eight Honorable George Francis Robert, Lord
Harris. The first Vice-Chancellor of
the said University shall be Sir Christopher Rawlinson, Knight. The Office of
Vice-Chancellor shall be held for two years only; and the Vice-Chancellor
herein-before nominated shall go out of Office on the first day of January
1859. Whenever a vacancy shall occur in the Office of Vice-Chancellor of the
said University by death, resignation, departure from India, effluxion of time,
or otherwise, the Governor of Fort St. George in Council shall, by notification
in the Fort St. George Gazette, nominate a fit and proper person, being one of
the Fellows of the said University, to be Vice-Chancellor in the room of the
person occasioning such vacancy. Provided that, on any vacancy in the said
Office which shall occur by effluxion of time, the Governor of Fort St. George
in Council shall have power to re-appoint the Vice-Chancellor herein-before
nominated or any future Vice-Chancellor to such Office. The Chief Justice of Her
Majesty's Supreme Court of Judicature, the Bishop of Madras, the Members of the
Council of Madras, the Director of Public Instruction, the Principal and Acting
Principal of the Presidency College, the President of the Medical College
Council, all for the time being, shall, while filling such Offices, be
ex-officio Fellows of the said University. The whole number of the Fellows of
the said University, exclusive of the Chancellor and Vice-Chancellor for the
time being, shall never be less than thirty; and whenever the, number of the
said Fellows, exclusive as aforesaid, shall, by death, resignation, departure
from India, or otherwise, be reduced below thirty, the Governor of Fort St.
George in Council shall forthwith, by notification in the Fort St. George
Gazette, nominate so many fit and proper persons to be Fellows of the said
University, as, with the then Fellows of the said University, shall make the
number of such Fellows, exclusive as aforesaid, thirty. But nothing herein
contained shall prevent the Governor of Fort St. George in Council from
nominating more than thirty persons to be Fellows of the said University if he
shall see fit. The Governor of Fort St.
George in Council may cancel the appointment of any person already appointed or
hereafter to be appointed a Fellow of the University, and as soon as such order
is notified in the Gazette, the person so appointed shall cease to be a Fellow. The Chancellor,
Tice-Chancellor, and Fellows for the time beings shall have the entire
management of and superintendence over the affairs, concerns, and property of
the said University; and in all cases unprovided for by this Act, it shall be
lawful for the Chancellor, Vice-Chancellor, and Fellows to act in such manner
as shall appear to them best calculated to promote the purposes intended by the
said University. Bye-laws.- The said
Chancellor, Vice-Chancellor, and Fellows shall have full power from time to
time to make and alter any bye-laws and regulations (so as the same be not
repugnant to law or to the general objects and provisions of this Act) touching
the examination for degrees and the granting of the same, and touching the
examination for honors and the granting of marks of honor for a higher
proficiency in the different branches of Literature, Science, and Art; and touching
the qualifications of the candidates for degrees and the previous course of
instruction to be followed by them, and the preliminary examinations to be
submitted to by them; and touching the mode and time of convening the meetings
of the Chancellor, Vice-Chancellor, and Fellows; and, in general, touching all
other matters whatever regarding the said University. And all such bye-laws and
regulations, when reduced into writing, and after, the common seal of the said
University shall have been affixed thereto, shall be binding upon all persons,
members of the said University, and all candidates for degrees to be conferred
by the same, provided such bye-laws and regulations shall, have been first
submitted, to, and shall have received the approval of, the Governor of Fort
St. George in Council. All questions which shall
come before the Chancellor, Vice-Chancellor, and Fellows, shall be decided at a
meeting of the Senate by the majority of the members present; and the Chairman
at any such meeting shall have a vote, and, in case of an equality of votes, a
second or casting vote. No question shall be decided at any meeting, unless the
Chancellor, or Vice-Chancellor, and five Fellows, or, in the absence of the
Chancellor and Vice-Chancellor, unless six Fellows at the least shall be
present at the time of the decision. At every meeting of the Senate, the
Chancellor, or in his absence the Vice-Chancellor, shall preside as Chairman;
and in the absence of both, a Chairman shall be chosen by the Fellows present,
or the major part of them. The said Chancellor,
Vice-Chancellor, and Fellows for the time being shall have full power from time
to time to appoint and, as they shall see occasion, to remove all Examiners,
Officers, and servants of the said University. The said Chancellor,
Vice-Chancellor, and Fellows shall have power, after examination, to confer the
several degrees of Bachelor of Arts, Master of Arts, Bachelor of Laws,
Licentiate of Medicine, Doctor of Medicine, and Master of Civil Engineering;
they shall also have power, after examination, to confer upon the candidates
for the said several degrees, marks of honor for a high degree of proficiency
in the different branches of Literature, Science, and Art according to rules to
be determined by the bye-laws to be from time to time made by them under the
power in that behalf given to them by this Act. Except by special order of
the Senate, no person shall be admitted as a candidate for the degree of
Bachelor of Arts, Master, of Arts, Bachelor of Laws,. Licentiate of Medicine,
Doctor of Medicine, or Master of Civil Engineering, unless he shall present to
the said Chancellor, Vice-Chancellor, and Fellows, a certificate from one of
the Institutions authorized in that behalf by the Governor of Fort St. George
in Council, to the effect that he has completed the course of instruction
prescribed by the Chancellor, Vice-Chancellor, and Fellows of the said
University, in the bye-laws to be made by them under the power in that behalf
given by this Act. The said Chancellor, Vice-Chancellor,
and Fellows shall cause an examination for degrees to be held at least once in
every year; on every such examination, the candidates shall be examined either
by Examiners appointed for the purpose from among the Fellows by the said
Chancellor, Vice-Chancellor, and Fellows, or by other Examiners so to be
appointed; and on every such examination the candidates, whether candidates for
an ordinary degree or for a degree with honors, shall be examined on as many
subjects and in such manner as the said Chancellor, Vice-Chancellor, and
Fellows shall appoint. At the conclusion of any
examination of the candidates, the Examiners shall declare the name of 3 very
candidate whom they shall have deemed entitled to any of the said degrees, and
his proficiency in relation to other Candidates; and also the honors which he
may have gained in respect of his proficiency in that department of knowledge
in which he is about to graduate; and he shall receive from the said Chancellor
a certificate, under the seal of the said University of Madras, and signed by
the said Chancellor or Vice-Chancellor, in which the particulars so stated
shall be declared. The said Chancellor,
Vice-Chancellor, and Fellows shall have power to charge such reasonable fees
for the degrees to be conferred by them, and upon admission into the said
University, and for continuance therein, as they, with the approbation of the
Governor of Port St. George in Council, shall from time to time see fit to
impose. Annual account.- Such fees
shall be carried to one General Fee Fund for the payment of expenses of the
said University under the directions and regulations of the Governor of Fort
St. George in Council, to whom the accounts of income and expenditure of the
said University shall once in every year be submitted for such examination and
audit as the said Governor of Fort St. George in Council may direct.Madras University
Act, 1857 [Repealed]
[Act 27 of 1857]????? PREAMBLE