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BANARAS HINDU UNIVERSITY ACT, 1915
16 of 1915
1st October, 1915
Act 55 of 1951.- "The University Education Commission, while making certain recommendations in regard to University education generally, have also dealt with certain special problems relating to the Central Universities at Banaras, Aligarh and Delhi. These recommendations were generally approved by the Central Advisory Board of Education at their meeting in April, 1950. The Government of India, after careful consideration of the matter, have decided that while it is not necessary to change the names of the Benaras and Aligarh Universities, the disqualifications imposed by the respective Acts on non-Hindus and non-Muslims being members of the Court of the University should be removed. They have also decided that the other recommendations of the University Education Commission, in so far as they relate to the Central Universities, should be implemented as far as possible. As the first step in the direction, it is now proposed to amend the Banaras Hindu University Act in order to give effect to those recommendations. (2) The main features of the Bill are:- (i) religious instruction is to be given to those who wish to receive it as required by Article 28(3) of the Constitution: (ii) membership of the Court is to be thrown open to all persons irrespective of religion or caste; (iii) a section is to be inserted on the lines of the other two University Acts, specifying the powers of the University generally: (iv) The President of India is to be the Visitor of the University and he shall exercise the same power": in relation to this University as he does as Lord Rector in relation to the Aligarh Muslim University: (v) The Governor of Uttar Pradesh, who is now the Visitor will henceforth be the Chief Rector of the University and provision is also made for the appointment of other persons as Rectors; (vi) the present Council will become the Executive Council of the University, while the Senate and the Syndicate will be merged in the Academic Council. (3) Advantage is taken of this opportunity to make a few other minor amendments so as to bring this Act into line with the other two Central Acts wherever necessary. Amendments consequential on the recommendation"; of the university education commission will also be undertaken with respect to the other two Acts in due course (4) The First Statutes which formed part of the Banaras Hindu University had been considerably amended by the Court, and it is, therefore, proposed that the Central Government should assume power lor a temporary period to make modifications in the Statutes, so as to bring them into accord with the Act, as now amended, and the recommendations of the University Education Commission."-Gaz. of Ind. 5-5-1951, Pt. ll-Sec. 2, page 322. Act 34 of 1958.- "On receipt of reports indicating a serious state of affairs prevailing at the Banaras Hindu University the President as the Visitor of the University, appointed in July, 1967, a Committee to enquire' into the state of affairs at the University. The Committee commencing its sittings on the 31st July. 1957. submitted its report in April. 1958. The report revealed certain disquieting features and unhealthy influences which had been undermining the discipline of the University, According to the Committee, the personal of the Executive Council itself had bee"., to a large extent responsible for the prevailing state of affairs in the University. After giving very careful consideration to the observations and recommendations made by the Committee, the Government of India came to the conclusion that it was necessary to reconstitute the Executive Council and the Courts as to put an end to existing malpractices and improve the day-to-day working and administration of the University, and that these measures should be undertaken immediately in view of the reopening of the University in July. 1958. As Parliament was not in session at that time, the President promulgated the Banaras Hindu University (amendment) Ordinance 1958, on the 14th June. 1958. The present Bill seeks in the main to replace the Ordinance by an Act of Parliament. The main features of the Bill are - (a) the reconstitution of the Court of the University as an advisory body. and reduction in the number of its membership, (b) the reconstitution of the Executive Council as a compact body; (c) the provision for a Selection Committee for making recommendations to the Executive Council in respect of appointments to the posts of Professor. Reader, Lecturer and Registrar in the University: (d) the provision for a Screening Committee to examine the cases, of ail persons who. on the 14th June. 1958. were holding teaching, administrative or other posts in the University in respect of whom there is reason to believe that their continuance in office would be detrimental to the interests of the University."-Gaz. of India. 2-5-1958, Pt. II, Sec. 2, Extra, p. 742. Act 82 of 1966.- The report of Banaras Hindu University Enquiry Committee appointed by the President, in his capacity as the Visitor of the University, to enquire into the state of affairs of the University had revealed certain disquieting features and un-healthy influences which had been undermining the discipline of the University. On a preliminary consideration of the recommendations of the Committee, the President promulgated the Banaras Hindu University (Amendment) Ordinance, 195Sonthe 14th June. 1958 to amend the Banaras Hindu University Act. 1915. The Ordinance was later replaced by the Banaras Hindu University (Amendment) Act, 1958. Both the Ordinance and the amending Act were temporary measures to tide over the difficult situation which was prevalent in the University at that time and the intention was to bring before Parliament in due course a comprehensive long term legislation for the University after detailed examination of the various recommendations of the Enquiry Committee. The recommendations have been examined in consultation with the authorities concerned and the present Bill seeks to amend the Banaras Hindu University Act. 1915 for the purpose of embodying the long time legislative proposals for the better working of the University. 2. The main features of the Bill are:-- (a) With a view to emphasising the residential nature of the Banaras Hindu University, it is proposed that the University should not in future affiliate any college or institution maintained by other agencies.
Provision in this regard has been made in clause 14 of the Bill without in any way affecting the rights and privileges of colleges and institutions already affiliated to the University. (b) The Court is proposed to be made the supreme authority of the University with powers - (i) to review from time to time the broad policies and programmes of the University, (ii) !o suggest general measures for the improvement and development of the University: i.iii) to review the acts of other authorities of the University such as Executive Council and Academic Council,. except where such authorities ha\e acted in accordance with the powers conferred by or under the Act. The Court will also consider the annual report, annual accounts and the budget of the University and can approve the budget with or without modifications. Care has. however, been taken to see that the Court will not interfere with the Executive Council in the day to day administration of the University. (c) The Court itself will be reconstituted. It will be a compact body consisting of 83 members half of whom will he from the University and the remaining half from outside the University, with a view to ensuring the balance be the two elements. (d) The Reviewing Committee set up under the Banaras Hindu University (Amendment) Ordinance,1958 [replaced by the Banaras Hindu University (Amendment) Act, 1958] to inquire into the cases of the persons who on the 14th day of June. 1958 were holding any teaching, administrative or other post in the University and whose continuance in office was considered detrimental to the interests of the University will stand abolished, the work of the Committee having been completed. (e) The Standing Committee of the Academic Council is also abolished and its functions are being restored to the Academic Council. (0 The tern of office of the Vice-Chancellor is six years and he is not eligible for reappointment. It is now proposed to reduce the term to five years but the Vice- Chancellor will be eligible for reappointment for a second term. (g) The Vice-Chancellor will be empowered to expel any student from the University if such a course according to his opinion is necessary for the maintenance of discipline in the University after observing the principles of natural justice (h) The offices of the Provost and Chief Rector have been abolished but there will be a Rector and this office will be held by the Governor of Uttar Pradesh. (i) The Treasurer of the University will hereafter he whole time salaried officer. (j) Provision has been made for the University to borrow money with the approval of the Central Government. 3. Opportunity is also being taken - (a) to strengthen the provisions relating to the arbitration of disputes arising out of contracts between the University and any of its officers or teachers; (b) to ensure the presence of a nominee of the Visitor in every Selection Committee charged with the duty of selecting officers of the University.-Gaz. of Ind., 1-10-1964, Pt. II, S. 2, Ext., P. 729. Act 34 of 1969.- In December, 1968, the President in his capacity as the Visitor of the Banaras Hindu University appointed a Committee under the Chairmanship of Dr. P. B. Gajendragadkar to inquire into the state of unrest and agitation in the University and to make recommendation for remedying the situation. The Committee which submitted its report to the Visitor in the second week of July, 1969 has made two sets of recommendations. The first set is directed to help to introduce in the University campus an atmosphere of normalcy so as to enable the University to pursue its legitimate functions without disturbance and disruption, violence or intimidation. The other set of recommendations are of a long range character and envisage a comprehensive reform Of the structure and functioning of the University with special reference to the maintenance of its nil India character. 2. For immediate implementation, the recommendation made by the Committee is that the Act under which the University is at present administered should be amended in certain respects. The present bodies including the Standing Committee of the Academic Council responsible for the administration of the University should be dissolved and appropriate step", taken to provide for a nominated Executive Council and a nominated Court and a new Vice-Chancellor. 3. The principal object of the Bill is to implement the first set of recommendations of the Inquiry Committee sn that University's return to smooth functioning and pursuit of basic academic purposes may be facilitated. 4. The main features of the Bill are :- (a) the reconstitution of the Court of the University as an advisory body and reduction in the number of membership: (b) the reconstitution of the Executive Council and the Finance Committee; (c) the abolition of the Standing Committee of the Academic Council: (d) change in the method of selection of the Vice- Chancellor and reduction in his term of office: and (e) change in the term of office of the Rector.-Gaz. of Ind., 12-8-1969. Part II, S.2, Ext., P. 817.
An Act to establish and incorporate a teaching and residential Hindu UniversitY at 2[Banaras]. WHEREAS it is expedient to establish and incorporate a teaching and residential Hindu University at2[Banaras], and to dissolve the Hindu University Society, a Society registered underthe Societies Registration Act, 1860, and to transfer to, and vest in, the said University, all property and rights now vested in the said Society; It is hereby enacted as follows:-
SECTION 01: SHORT TITLE AND COMMENCEMENT
(1) This Act may be called the 3[Banaras] Hindu University Act, 1915.
(2) It shall come into force on such date 4the Central Government may, by notification in the Official Gazette, direct.
SECTION 02: DEFINITIONS
In this Act, unless the context otherwise requires,-
(a) "Academic Council" means the Academic Council of the University.
(b) "college" means a college or-teaching institution (other than a secondary, primary or infant school or pathasala) maintained by, or admitted to the privileges of, the University;
(c) "Court" means the University Court;
(d) "Executive Council" means the University Executive Council;
(e) "Faculty" means a Faculty of the University;
(f) "Ordinances" means the Ordinances of the University for the time being in force;
(g) "Regulations" means the Regulations of the University for the time being in force;
(h) "Statutes" means the Statutes of the University for the time being in force:
(i) "teacher" means a salaried professor, reader, lecturer or tutor who imparts instruction in a Faculty of, or in a college maintained by, the University and includes any other person who is declared to be a teacher by the Academic Council;
(j) "University" means the Banaras Hindu University.]
SECTION 03: INCORPORATION
6[(1) The Chancellor and the Vice-Chancellor and the members of the Court, the Executive Council and the Academic Council, for the time being shall be a body corporate by the name of the Banaras Hindu University.]
(2) The University shall have perpetual succession and a common seal, and shall sue, and be sued, by the name first aforesaid.7[ * * *]
SECTION 04: UNIVERSITY OPEN TO ALL CLASSES, CASTES AND CREEDS
The University shall be open to persons of either sex and of whatever race, creed, caste or class, and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be admitted therein, as a teacher or student, or to hold any office therein, or to graduate thereat, or to enjoy or exercise any privilege thereof, except in respect of any particular benefaction accepted by the University, where such test is made a condition thereof by any testamentary, or other instrument creating such benefaction: Provided that nothing in this section shall be deemed to prevent religious instruction being given in the manner prescribed by the Ordinances9[to those who, of, in the case of minors, whose parents or guardians have given their consent thereto in writing.]]
SECTION 04A: POWERS OF THE UNIVERSITY
The University shall have the following powers, namely:-
(1) to provide for instruction in such branches of learning as the University may think fit, and to make provision for research and for the advancement and dissemination of knowledge;
11[(2) to promote the study of religion, literature, history, science and art of Vedic, Hindu, Buddhist, Jain, Islamic, Sikh. Christian, Zoroastrian and other civilisations and cultures;
(3) to hold examinations and to grant diplomas and certificates, and confer degrees and other academic distinctions to and on persons-
(a) who shall have pursued a course of study in t he University or in a college and passed the examination or who shall have carried on research work in the manner prescribed by the Ordinances, or
(b) who are teachers of the University or any college under conditions laid down in the Statutes or the Ordinances and shall have passed the examinations of the University under like conditions, or
(c) who, being women, shall have pursued a. course of private study in subjects provided for by the Ordinances and shall have passed the examinations of the University in their subjects under conditions laid down in the Ordinances;]
(4) to confer honorary degrees or other distinctions in the manner laid down in the Statutes;
(5) to grant such diplomas12[or certificates] to, and to provide such lectures and instruction for, persons not being members of the University as the University may determine;
13[(5A.) to withdraw degrees, diplomas, certificates and other academic distinctions;]
(6) to co-operate with other Universities and authorities in such manner and for such purposes as the University may determine,
(7) to institute professorships, readerships, lectureships and other teaching posts required by the University and to appoint persons to such professorships, readerships and lectureships and other posts;
(8) to institute and award fellowships (including travelling fellowships), scholarships, studentships, exhibitions and prizes in accordance with the Statutes and the Ordinances;
(9) to institute and maintain halls and hostels and to recognise places of residence for students of the University:
14[(9A) to institute, establish, maintain, reconstitute, amalgamate, divide or abolish departments, faculties or colleges and carry out inspection thereof and inquiry in relation thereto;]
(10) to demand and receive such fees and other charges as may be prescribed by the Ordinances;
(11) to supervise and control the,resldence and to regulate the discipline of students of the University, and to make arrangements for promoting their health15[and welfare.]
(12) to make special arrangements in respect of the residence, discioline, and teaching of women students;
16[(12A) to regulate and enforce discipline among salaried officers, teachers and other employees of the University in.accordancewith the Statutes and 0rdinances;l
(13) to create administrative, -ministerial and other necessary posts and to make appointments thereto;17[*]
17[(13A) to acquire, hold, manage and dispose of property, movable or immovable, including trust or endowed property, for the purposes of the University;
(13B) with the approval of the Central Government, to borrow on the security of the property of the University, money for the purpose of the University;]
(14) to do all such other acts and things, whether incidental to the powers aforesaid or not, as may be requisite in order to further the objects of the University.]
SECTION -05: VISITOR
18
(1) The President of .India shall be the Visitor of the University.
(2) The Visitor shall have the right to cause an inspection to be made, by such person or persons as. he may direct, of the University, its buildings, laboratories and equipment19[of any college] and of any institution maintained by University, and also of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the University.
(3) The Visitor shall in every case give notice to the University of his intention to cause an inspection or inquiry to be made, and the University shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry.
(4) The Visitor may address the Vice-Chancellor with reference to the result of such inspection and inquiry, and the Vice-Chancellor shall communicate to the Executive Council the views of the Visitor with such advice as the Visitor may offer upon the action to be taken thereon.
(5) The Executive Council shall communicate through the Vice-Chancellor to the Visitor such action, if any, as it is proposed to take or has been taken upon the result of such inspection or inquiry,
(6) Where the Executive Council does not, within a reasonable time, take action to the satisfaction of the Visitor, the Visitor may, after considering any explanation furnished or representation made by the Executive Council, issue such directions as he may think fit and the Executive Council shall be bound to comply with such directions.
(7) Without prejudice to the foregoing provisions of this section the Visitor may, by order in writing, annul any proceeding of the University which is not in conformity with this Act, the Statutes or the Ordinances: Provided that before making any such order, he shall call upon the University to show cause why such an order should not be made and if any cause is shown within a reasonable time, shall consider the same.]
SECTION 06: OFFICERS OF THE UNIVERSITY
The following shall be the officers of the University, namely:-
(a) the Chancellor,
(b) the Vice-Chancellor,
(c) the Rector,
(d) the Registrar,
(e) the Finance Officer,
(f) the Deans of Faculties,
(g) the Dean of Students,
(h) the Librarian,
(i) the Chief Proctor,
(j) such other persons in the service of the University as may be declared by the Statutes to be the officers of the University.]
SECTION 07: CHANCELLOR
21[
(1) The Chancellor shall be elected by the Court and shall hold office for a term of three years: Provided that the Chancellor shall, notwithstanding the expiration of his term, continue to hold his office until the election of his successor.
(2) If the office of the Chancellor becomes vacant, the functions of his office shall, until some person is elected under sub-section (1) to the vacant office, be performed by the Vice-Chancellor.]
SECTION 07A: POWERS OF CHANCELLOR
22[
(1) The Chancellor shall, by virtue of his office, be the Head of the University.
(2) The Chancellor shall, if present, preside at convocation of the University for conferring degrees and at all meetings of the Court.]
SECTION 07B: VICE -CHANCELLOR
23[
24[(1) The Vice-Chancellor shall be appointed by the Visitor on the recommendation of a Selection Committee constituted by the Visitor for the purpose: Provided that, if the Visitor does not approve of such recommendation, he may call for one or more fresh recommendations.]
(3) The Vice-Chancellor shall be a whole-time salaried officer of the University.
(4) The Vice-Chancellor shall hold office for a term of25[three years] from the date on which he enters upon his office and shall, ,on the expiration of his term of office, be25[eligible for reappointment to that office for a second term:] Provided that the Vice-Chancellor shall, notwithstanding the expiration of his term, continue to hold his office until his successor is appointed and enters upon his office.
(5) The emoluments and other terms and conditions of service of the Vice-Chancellor shall be prescribed by the Statutes.
(6) If the office of the Vice-Chancellor becomes vacant, the functions of his office shall, until some person is appointed under sub-section (1) to the vacant office, be performed by the Rector:
Provided that if there is no Rector, the Registrar shall carry on the current duties of the Vice- Chancellor and call a meeting of the Executive Council forthwith and take its directions for the carrying on of the work of the University.]
SECTION 07C: POWERS AND DUTIES OF VICE CHANCELLOR
26[
(1) The Vice-Chancellor who shall be the principal executive and academic officer of the University, shall take rank next to the Chancellor and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of its authorities.
(2) The Vice-Chancellor shall be the ex officio Chairman of the Executive Council, the Academic Council27[* * * * * * *] and the Finance Committee and shall, in the absence of the Chancellor, preside at any convocation of the University for conferring degrees and also at any meeting of the Court; he shall be entitled to be present at and to address any meeting of any authority or board or committee of the University but shall not be entitled to vote thereat unless he is a member of such authority or board or committee.
(3) It shall be the duty of the Vice-Chancellor to see that the provisions of this Act, the Statutes, the Ordinances and the Regulations are duly observed.
(4) The Vice-Chancellor shall have power to convene meetings of the Court, the Executive Council,28[and the Academic Council] and shall perform all such acts as may be necessary to carry out the provisions of this Act, the Statutes and the Ordinances.
(5) If, in the opinion of the Vice-Chancellor, any emergency has arisen which requires immediate action to be taken, the Vice-Chancellor shall take such action as he deems necessary and shall report the same for approval at the next meeting to the authority which, in the ordinary course, would have dealt with the matter: Provided that, if the action taken by the Vice-Chancellor is not approved by the authority concerned, he may refer the matter to the Visitor, whose decision thereon shall be final. Provided further that, where any such action taken by the Vice-Chancellor affects any person in the service of the University, such person, shall be entitled to prefer, within thirty days from the date on which he receives notice of such action, an appeal to the Executive Council.
(6) The Vice-Chancellor shall exercise such other powers as may be prescribed by the Statutes, the Ordinances or the Regulations.]
SECTION 08: POWERS AND DUTIES OF OFFICERS, TERMS OF OFFICE AND FILLING OF CASUAL VACANCIES
Subject to the provisions of this Act, the powers and duties of29[the other officers of the University,] the term for which they shall hold office, and the filling up of casual vacancies in such offices, shall be provided for by the Statutes.
SECTION 08A: AUTHORITIES OF THE UNIVERSITY
The following shall be the authorities of the University, namely:-
(a) the Court.
(b) the Executive Council,
(c) the Academic Council,
31[(d)* * * * * * *]
(e) the Finance Committee,
(f) the Faculties,
(g) such other authorities as may be declared by the Statutes to be the authorities of the University.]
SECTION 09: THE COURT
The Court shall be an advisory body and its functions shall be-
(a) to advise the Visitor in respect of any matter which may be referred to it for advice:
(b) to advise any authority of the University in respect of any matter which may be referred to the Court by such authority: and
(c) to perform such other duties and exercise such other powers as may be assigned to it by the Visitor or under this Act.]
SECTION 10: EXECUTIVE COUNCIL
33[
(1) The Executive Council shall, subject to the control of the34[visitor] be the executive body of the University and shall have charge of the management and administration of the revenue and property of the University and the conduct of all administrative affairs of the University not otherwise provided for.
(2) Subject to the provisions of this Act, the Executive Council shall exercise such other powers and perform such other duties as may be conferred or imposed on it by the Statutes or the Ordinances'.]
SECTION 11: THE ACADEMIC COUNCIL
(1) The35[Academic Council] shall be the academic body of the University and, subject to the Act, the Statutes and36[Ordinances] shall have [37[*] charge of the organisation of]39[study and research] in the University and the Colleges, the courses of study and the examination40[* * *] of students and the conferment of ordinary and honorary degrees41[and shall exercise such other powers and perform such other duties as may be conferred or imposed on it by the Statutes and Ordinances, and shall have the right to advise the Executive Council on all academic matters.]
38[(2) * * * * * * *]
SECTION 12: OMITTED
Omitted by the Banaras Hindu University (Amendment) Act (34 of 1969), S. 7 (5-9-69).]
SECTION 12A: OTHER AUTHORITIES
Subject to the provisions of the this Act, the functions, powers and duties of the other authorities of the University shall be provided for by the Statutes.
SECTION 12B: DISQUALIFICATIONS
(1) A person shall be disqualified for being chosen as. and for being a member of any of the authorities of the
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