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BANARASHINDUUNIVERSITY ACT

Ministry of Law and Justice

Act nº 16 of 1915


  • Schedules
  • Act nº 16 of 1915

Preamble

THE BANARAS HINDU UNIVERSITY ACT, 1915

[Act, No. 16 of 1915]

[ 1 st October, 1915 ]

PREAMBLE

An Act to establish and incorporate a teaching and residential Hi ndu University at1[ Banaras ] .

WHEREAS it is expedient to establish and incorporate a teaching and residential Hi ndu University at1[ Banaras], and to dissolve the Hi ndu University Society, a Society registered under the 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:-

1. Substituted for the word 'Benares' by the Banaras Hindu University (Amendment) Act, 1951 (55 of 1951), Section 2 (3-11-1951).


Section 1. Short title and commencement

( 1 ) This Act may be called the1[ Banaras] Hi ndu University Act, 1915 .

( 2 ) It sh all come into force on such date2as the Central Government may, by notification in the Official Gazette, direct.

1. Substituted for the word "Benares" by the Banaras Hindu University (Amdt.) Act, 1951 (55 of 1951), Section 2 (3-11-1951),

2. 1st April, 1916,


Section 2. Definitions

1 [2. Definitions.-

In this Act, unless thecontext otherwise requires,-

(a) "Academic Council"meansthe Academic Council of the University.

(b) "college"meansa college or teaching institution (other than a secondary, primary or infantschool or pathasala) maintained by, or admitted to the privileges of, theUniversity;

(c) Court"meansthe University Court;

(d) ExecutiveCouncil" means the University Executive Council;

(e) Faculty"meansa Faculty of the University;

(f) "Ordinances" means the Ordinancesof the University for the time being in force;

(g)"Regulations" means the Regulations of the University for the timebeing in force;

(h)"Statutes" means the Statutes of the University for the timebeing in force;

(i) "teacher"meansa salaried professor, reader, lecturer or tutor who imparts instruction in aFaculty of, or in a college maintained by, the University and includes anyotherperson who is declared to be a teacher by the Academic Council;

(j) "University"meansthe BanarasHinduUniversity.]

1. Substituted for the original section by BanarasHindu University (Amendment.) Act (52 of 1966), Section 2 (31-12-1966).


Section 3. Incorporation

1 [(1)The Chancellor and the Vice-Chancellor and the membersof the Court, the Executive Council and the Academic Council, for the time beingshallbe a body corporate by the name of the BanarasHinduUniversity.]

(2) The University shallhave perpetual succession and a common seal, and shallsue, and be sued, by the name first aforesaid.

2 [* * *]

1. Substituted for sub-section (1) by the BanarasHindu University (Amdt.) Act (52 of 1966), Section 3(a) (31-12-1966).

2. Sub-section (3) omitted, by the Banaras HinduUniversity (Amdt.) Act (52 of 1966), Section 3(a) (31-12-1966)., Section 3(b)(31-12-1966).


Section 4. University open to all classes, castes and creeds

1 [4. 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 Ordinances 2 [to those who, or, in the case of minors, whose parents or guardians have given their consent thereto in writing.]

1. Substituted for Sections 4, 5 and 6 by the Banaras Hindu University (Amdt.) Act (55 of 1951), Section 3 (3-11-1951).

2. Substituted for the words "to those who have consented to receive it" by the Banaras Hindu University (Amdt.) Act (52 of 1966), Section 4 (31-12-1966).


Section 4A. Powers of the University

1 [4A. 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;

2 [(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 the 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 diplomas 3 [or certificates] to, and to provide such lectures and instruction for, persons not being members of the University as the University may determine;

4 [(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;

5 (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 residence and to regulate the discipline of students of the University, and to make arrangements for promoting their health 6 [and welfare.]

(12) to make special arrangements in respect of the residence, discipline, and teaching of women students;

7 [(12A) to regulate and enforce discipline among salaried officers, teachers and other employees of the University in accordance with the Statutes and Ordinances;]

(13) to create administrative, ministerial and other necessary posts and to make appoint­ments thereto; 8 [*]

8 [(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.]

1. Substituted for the original section by Banaras Hindu University (Amendment) Act (52 of 1966), Section 2 (31-12-1966).

2. Substituted for sub-cls. (2) and (3) by the Banaras Hindu University (Amendment) Act (52 of 1966), Section 5(a) (31-12-1966).

3. Added by the Banaras Hindu University (Amendment) Act (52 of 1966), Section 5(a) (31-12-1966). Section 5(b).

4. Inserted, by the Banaras Hindu University (Amendment) Act (52 of 1966), Section 5(a) (31-12-1966). Section 5(c).

5. Inserted, by the Banaras Hindu University (Amendment) Act (52 of 1966), Section 5(a) (31-12-1966). Section 5(d).

6. Inserted, by the Banaras Hindu University (Amendment) Act (52 of 1966), Section 5(a) (31-12-1966). Section 5(e).

7. Inserted, by the Banaras Hindu University (Amendment) Act (52 of 1966), Section 5(a) (31-12-1966). Section 5(f).

8. Word 'and' omitted and new sub-cls. (13A) and (13B) inserted, by the Banaras Hindu University (Amendment) Act (52 of 1966), Section 5(a) (31-12-1966). Section 5(g) and (h).


Section 5. Visitor

1 [5. Visitor

(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 equipment 2 [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 Univeristy.

(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.]

1. Substituted for the original section by Banaras Hindu University (Amendment) Act (52 of 1966), Section 2 (31-12-1966).

2. Inserted by the Banaras Hindu University (Amendment) Act (52 of 1966), Section 6 (31-12-1966).


Section 6. Officers of the University

1 [6. 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.]

1. Sections 6 to 7C were substituted for the original Sections 6 and 7 by the Banaras Hindu University (Amendment) Act (52 of 1966),Section 7 (31-12-1966).


Section 7. Chancellor

1 [7. Chancellor.-

(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.]

1. Sections 6 to 7c were substituted for the original Sections 6 and 7 by the Banaras Hindu University (Amendment) Act, (52 of 1966), Section 7 (31-12-1966).


Section 7A. Powers of Chancellor

1 [7A. Powers of Chancellor.-

(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.]

1. Sections 6 to 7c were substituted for the original Sections 6 and 7 by the Banaras Hindu University (Amendment) Act, (52 of 1966), Section 7 (31-12-1966).


Section 7B. Vice-Chancellor

1 [7B. Vice-Chancellor.-

2 [(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 of 3 [three years] from the date on which he enters upon his office and shall, on the expiration of his term of office, be 3 [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.]

1. Sections 6 to 7C were substituted for the original Sections 6 and 7 by the Banaras Hindu University (Amendment) Act (52 of 1966), Section 7 (31-12-1966).

2. Substituted for sub-sections (1) and (2) by the Banaras Hindu University (Amendment) Act (34 of 1969), Section 2 (5-9-1969).

3. Substituted for the words "five years" and "ineligible for re-appointment to that office" respectively by the Banaras Hindu University (Amendment) Act (34 of 1969), Section 2 (5-9-1969).


Section 7C. Powers and duties of Vice-Chancellor

1 [7C. Powers and duties of Vice-Chancellor.-

(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 Council 2 [*******] 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, 3 [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.]

1. Sections 6 to 7c were substituted for the original Sections 6 and 7 by the Banaras Hindu University (Amendment) Act, (52 of 1966), Section 7 (31-12-1966).

2. Words 'Standing Committee of the Academic Council', omitted by the Banaras Hindu University (Amendment) Act (34 of 1969), Section 3 (5-9-1969).

3. Substituted for the words "the Academic Council and the Standing Committee of the Academic Council", by the Banaras Hindu University (Amendment) Act (34 of 1969), Section 3 (5-9-1969).


Section 8. Powers and duties of officers, terms of office and filling of casual vacancies

Sub ject to the provisions of this Act, the powers and duties of 1[the other officers of the University,] the term for which they sh all hold office, and the filling up of casual vacancies in such offices, sh all be provided for by the Statutes.

1. Substituted for the words "the officers of the University" by the Banaras Hindu University (Amendment) Act (52 of 1966), Section 10 (31-12-1966).


Section 8A. Authorities of the University

1[ 8A . Authorities of the University.-

The following sh all be the authorities of the University, namely:-

(a) the Court,

(b) the Executive Council,

(c) the Academic Council,

2[(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.]

1. Inserted by the Banaras Hindu University (Amendment) Act (52 of 1966), Section 9 (31-12-1966).

2. Clause (d) omitted by the Banaras Hindu University (Amendment) Act (34 of 1969), Section 4 (5-9-1969).


Section 9. The Court

1 [9. The Court.-

The Court shallbe an advisory body and its functions shallbe-

(a) to advise the Visitor in respect of any matterwhich may be referred to it for advice;

(b) to advise any authority of the University inrespect of any matter which may be referred to the Court by such authority; and

(c) to perform such otherduties and exercise such other powers as may be assigned to it by the Visitor orunder this Act.]

1. Subtituted for Ss. 9 and 9 A, by the Banaras HinduUniversity (Amendment) Act (34 of 1969), Section 5 (5-9-1969).