THE BANARAS HINDU UNIVERSITY ACT
ACT NO. XVI OF 1915
11. The Academic Council
The Academic Council shall be the academic body of the University and, subject to the Act, the Statutes and Ordinances, shall have charge of the organization of study and research in the University and the Colleges, the courses of study and the examination of students and the conferment of ordinary and honorary degrees 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.
12. ( Omitted ).
12A. Other Authorities
Subject to the provisions of this Act, the functions, powers and duties of the other authorities of the university shall be provided for by the Statutes.
(1) A person shall be disqualified for being chosen as, and for being a member of any of the authorities of the University-
(a) if he is of unsound mind or is a deaf-mute or suffers from contagious leprosy;
(b) if he is an undischarged insolvent ;
(c) if he has been convicted by a court of law of an offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months.
(2) If any question arises as to whether a person is or had been subjected to any of the disqualifications mentioned in sub-section (1), the question shall be referred for the decision of the Visitor and his decision shall be final, and no suit or other proceeding shall lie in any court of law against such decision.
13. Audit of Account
(1) The accounts of the University shall, once at least in every year and at intervals of not more than fifteen months, be audited by the Comptroller and Auditor-General of India.
(2) The Accounts, when audited, shall be published in the Gazette of India, and a copy of the accounts, together with the auditor's report, shall be submitted to the Visitor.
(3) A copy of the accounts, together with the auditor's report, shall also be submitted to the Central Governments which shall as soon as may be cause the same to laid before both Houses of Parliament.
13A(1) The annual report of the University shall be prepared under the Direction of the Executive Council and shall be submitted to the Court on or before such date as may be prescribed by the Statutes and shall be considered by7 the Court in its annual meeting.
(2) The Court may communicate its comments thereon to the executive Council.
(3) A copy of the annual report, as prepared under Sub-Section(1), shall also be submitted to the Central Government, which shall, as soon as may be cause the same be laid before Houses of Parliament.
14. Permanent reserve to cover recorring charges
The University shall invest, and keep invested in securities in which trust funds may be invested, in accordance with the provisions of the law relating to trusts in India, a sum of forty-five lakhs of rupees as a permanent endowment to meet the recurring charges of the University other than charges in respect of scholarships, prizes and rewards :
Provided that -
(1) any Government securities, as defined by the Indian Securities Act. 1920, (XII of 1920) which may be held by the University, shall, for the purpose of this section, be reckoned at their face-value; and
(2) the aforesaid sum of forty-five lakhs rupees shall be reduced by such sum as, at the commencement of the Banaras Hindu University (Amendment)Act, 1966, the Governor-General in Council shall, by order in writing, declare to be the total capitalised value, for the purpose of this section,-
(a) of all permanent recurring grants of money which have been made to the University by any Ruler of any Indian State; and
(b) of the total income accruing from immovable property which has been transferred to the University.
15. Maintinance and admission to privileges of colleges
(1) The Central Hindu College, (Banaras) shall from such date as the Governor-General in Council may by notification in the Gazette of India, appoint in this behalf, be deemed to be a College maintained by the University, and the University may found and maintain other Colleges and institutions including High Schools, within a radius of fifteen miles from the main temple of the University for the purposes of carrying out instruction and research.
(a) The University may also found and maintain (within or beyond the aforementioned limits) special centres and laboratories for research in humanities, Science, and Technology, Education, Medicine and other professional subjects and in other spheres of learning and knowledge.
(b) With the approval of the Academic Council and sanction of the Visitor,and subject to the Statutes and the Ordinances the University may admit Colleges and Institutions including High Schools, within the aforementioned limits to such privileges of the University, subject to such conditions, as it thinks fit.
Provided that no new College or Institution started after the commencement of the Banaras Hindu University (Amendment) Act, 1966, shall be admitted to any such privilege of the University.
16. Recognition of Degrees
The degrees, diplomas, certificates and other academic distinctions granted by the University, shall be recognised by the Government to the same extent and in the same manner as the corresponding degrees, diplomas, certificates and other academic distinction granted by any other University incorporated by an Act of the Governor-General in Council.
16A. Pension or Provident Fund or Insurance Scheme
The University shall constitute for the benefit of its officers, teachers and other employees such pension or provident fund or provide such insurance scheme as it may deem fit in such manner and subject to such conditions as may be prescribed by the Statutes.
16B. Conditions of service of Officers and Teachers
(1) Every salaried officer and teacher of the University shall be appointed under a written contract, which shall be lodged with the University and a copy of which shall be furnished to the officer or teacher concerned.
(2) Any dispute arising out of a contract between the University and any of its officers or teachers shall, at the request of the officer or teacher concerned or at the instance of the University, be referred to a Tribunal of Arbitration consisting of one member appointed by the Executive Council, one member nominated by the officer or the teacher concerned and an umpire appointed by the Visitor.
(3) The decision of the Tribunal of Arbitration shall be final and shall not be questioned in any court of law.
(4) No suit or proceeding shall lie in any court of law in respect of any matter which is required by sub-section (2) to be referred to the Tribunal of Arbitration.
(5) The Tribunal of Arbitration shall have power to regulate its own procedure.
(6) Nothing contained in any law for the time being in force relating to arbitration shall apply to arbitrations under this section.
16C. Proceedings not to be invalidated by vacancies, etc.
No act or proceedings of any authority or board or committee of the University shall be invalid merely by reason of :-
(a) any vacancy in, or defect in the constitution thereof, or
(b) any defect, in the election, nomination or appointment of a person acting as a member thereof, or
(c) any irregularity in its procedure not affecting the merits of the case.
16D. Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against any officer, teacher or other employee of the University for anything which is in good faith done or intended to be done by him under this Act or the Statutes or the Ordinances or the Regulations.
17. (1) Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely :-
(a) the constitution of the Court and the constitution, powers and duties of the other authorities of the University other than the powers and duties provided for in this Act;
(b) the appointment by election, nomination or otherwise of members of the authorities of the University, their continuance in office, the filling of vacancies of members thereof and all other matters relating to the authorities ;
(c) the appointment, powers and duties of the officers of the university;
(d) the institution of degrees, diplomas, certificates and other academic distinctions;
(e) the conferment of honorary degrees ;
(f) the holding of convocations to confer degrees ;
(g) the establishment, reconstitution, amalgamation, division or abolition of faculties, departments, hostels, colleges and institutions ;
(h) the withdrawal of degrees, diplomas, certificates and other academic distinctions ;
(i) conditions under which colleges and institutions including High Schools may be admitted to the privileges of the University and the withdrawal of such privileges ;
(j) the institution of fellowships, scholarships, studentships, medals and prizes,
(k) the registration of graduates and the maintenance of a register of registered graduates ;
(l) the classification and the manner of appointment of teachers in the University and the colleges ;
(m) the constitution of a pension or provident fund and the establishment of an insurance scheme for the benefit of the officers, teachers and other employees of the University ;
(n) the meetings of the Court, the Executive Council, the Academic Council, the Finance Committee or the Faculties, the quorum at such meetings and the procedure to be followed in the conduct of their business ;
(o) the discipline of students ;
(p) all other matters which are to be or may be provided for by the Statutes.
(2) The Statutes in force at the commencement of the Banaras Hindu university (Amendment) Act, 1966 shall be those set out in the Schedule to this Act.
(3) The Executive Council may, from time to time, make new or additional Statutes or may amend or repeal the Statutes.
(4) Every new Statute or addition to a Statute or any amendment or repeal of a Statute shall require the previous approval of the Visitor who may sanction or disallow it or remit it for further consideration.
(1) Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely :-
(a) the admission of students to the University and their enrolment as such ;
(b) the courses of study to be laid down for all degrees, diplomas and certificates of the University ;
(c) the qualifications for admission to courses of study for degrees, diplomas, certificates and other academic distinctions and to examinations of the University and the award of degrees, diplomas, certificates and other academic distinctions ;
(d) the fees to be charged for courses of study in the University and for admission to the examinations, degrees and diplomas of the University ;
(e) the conditions of the award of fellowships, scholarships, studentships, exhibitions, medals and prizes ;
(f) the conduct of examinations, including the terms of office and manner of appointment and the duties of examining bodies, examiners and moderators ;
(ff) the remuneration and allowances to examiners, moderators and other persons engaged in the business of the University;
(g) the maintenance of discipline among the students of the University;
(h) the conditions of residence of students at the University ;
(i) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students, and prescribing for them of special courses of study ;
(j) the giving of religious instruction ;
(k) the emoluments and terms and conditions of service of employees of the University ;
(l) the management of Colleges and other institutions founded or maintained under sub-section (1) of section 15 ;
(ll) the meetings of any board or committee that may be set up under this Act or the Statutes, the quorum at such meetings and the procedure to be followed in the conduct of their business ;
(m) the supervision and inspection of Colleges and other institutions admitted to privileges of the University under sub-section (2) of section 15 ;
(mm) the powers and duties of teachers and salaried officers and the powers which may be delegated to them ;
(mmm) the conditions and qualifications for the registration of graduates ;
(n) all other matters which by this Act or the Statutes are to be or may be provided for by the Ordinances.
(2) The Regulations of the University as in force immediately before the commencement of the Banaras Hindu University (Amendment) Act, 1951, shall be deemed to be the first Ordinances under this section.
(3) The said Ordinances may be amended, repealed or added to at any time by the Executive Council provided that no Ordinance shall be made -
(a) regarding the recognition of examinations of other Universities and institutions as equivalent to the University examinations, or
(b) affecting the conditions, mode of appointment or duties of examiners or the conduct or standard of examinations or of any course of study,
Unless a draft of such Ordinance has been proposed by the Academic Council.
(4) The Executive Council shall not have power to amend any draft proposed by the Academic Council under the provisions of sub-section (3) but may reject the proposal or return the draft to the Academic Council for reconsideration ; either in whole or in part, together with any amendments which the Executive Council may suggest.
(5) Where the Executive Council has rejected the draft of an Ordinance proposed by the Academic Council, the Academic Council may appeal to the Visitor who may pass such order thereon as he thinks fit.
(6) All Ordinances made by the Executive Council shall be submitted, as soon as may be, to the Visitor who may disallow any such Ordinance or remit it to the Executive Council for further consideration.
(7) The Visitor may, by order, direct that the operation of any Ordinance shall be suspended until he has had an opportunity of exercising his power of disallowance, and any order of suspension under this sub-section shall cease to have effect on the expiration of one month from the date of such order.
19. Power to make regulations
(1) The authorities of the University may make Regulations consistent with this Act, the Statutes and the Ordinances-
(a) laying down the procedure to be observed at their meetings and the number of members required to form a quorum ;
(b) providing for all matters which by this Act, the Statutes or the Ordinances are to be prescribed by the Regulations ; and
(c) providing for all matters solely concerning such authorities or committees appointed by them and not provided for by this Act, the Statutes or the Ordinances.
(2) Every authority of the University shall make Regulations providing for the giving of notice to the members of such authority of the dates of meetings and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings.
(3) The Executive Council may direct the amendment, in such manner as it may specify, of any Regulation made under this section or the annulment of any such Regulation :
Provided that any authority of the University which is dissatisfied with any such direction may within two months of the date of such direction, appeal to the Visitor, whose decision thereon shall be final.
19A. Constitution of Boards and Committees
Where any authority of the University is given power by this Act or by the Statutes to appoint boards or committees, such board or committee shall, unless there is some special provision to the contrary, consist of members of the authority concerned and of such other persons (if any) as the authority in each case may think fit.
20. Dissolution and transfer of property of the Hindu University Society
(1) From the commencement of this Act, the Hindu University Society shall be dissolved, and all property, movable and immovable, and all rights, powers and privileges of the Hindu University Society which, immediately before the commencement of this Act, belonged to, or were vested in, the said Society, shall vest in the University and shall be applied to the objects and purposes for which the University is incorporated.
(2) From the commencement of this Act, all debts and liabilities of the said Society shall be transferred and attached to the University, and shall thereafter be discharged and satisfied by the University.
(3) Any will, deed or other document, whether made or executed before or after the commencement of this Act, which contains any bequest, gift or trust in favour of the Central Hindu College or the said Society, shall on the commencement of this Act be construed as if the University were therein named, instead of the said College or Society.
Provisions of the B.H.U. (Amendment) Act, 1966 (Act No. 52 of 1966) not incorporated in the principal Act.
22. Power to remove difficulties
If any difficulty arises with respect to the constitution of any authority, the appointment or election of any officer of the University or in connection with the first meeting of any authority of the University in accordance with the provisions of the principal Act as amended by this Act and of the Statutes set out in the Schedule, the Visitor may, by order, make any appointment or do anything which appears to him necessary or expedient for the proper constitution of any authority of the University or the appointment of any officer thereof or for the first meeting of any such authority of the University.
23. Transitional provisions
(1) Every authority of the University shall as soon as may be after the commencement of this Act be constituted in accordance with the provisions of the principal Act as amended by this Act and of the Statutes set out in the Schedule and until any such authority is so constituted, the authority functioning immediately before such commencement shall continue to exercise all the powers and perform all the duties under the principal Act as so amended.
(2) The following officers, namely, the Chancellor, the Deans of the Faculties and the Chief Proctor shall, as soon as may be after the commencement of this Act, be elected or appointed in accordance with the provisions of the principal Act as amended by this Act and of the Statutes set out in the Schedule, and the persons holding any such office immediately before such commencement shall continue to hold that office until his successor enters upon his office.
(3) Notwithstanding anything contained in section 6 of the principal Act as substituted by this Act, the person holding immediately before the commencement of this Act the office of the Treasurer shall continue to hold that office until the Finance Officer is appointed in accordance with the provisions of the principal Act as amended by this Act and of the Statutes set out in the Schedule.
(4) Every officer of the University, other than those referred to in sub-section (2), and (3), holding office immediately before the commencement of this Act shall, on and from such commencement, hold his office by the same tenure and upon the same terms and conditions as he held it immediately before such commencement.
(5) The persons holding office as the Pro-Chancellor and the Pro-Vice-Chancellor immediately before the commencement of this Act shall, on such commencement, cease to hold office ; and any reference to the Pro-Vice-Chancellor in any Ordinance, Regulation or rule of the University shall be construed as a reference to the Vice-Chancellor.
Transitional Provisions :
As per section 13 of the B.H.U. (Amendment) Act, 1969.
(1) Every person holding office as a member of the Court or the Executive Council or the Finance Committee, as the case may be, immediately before the commencement of this Act shall, on and from such commencement, cease to hold office as such :
Provided that where any such person held, immediately before such date, any other office in the University, nothing contained in this sub-section shall be construed to affect his continuance in such other office.
(2) Until the Court or the Executive Council or the Finance Committee is constituted in accordance with the provisions of the principal Act as amended by this Act or the Statutes as modified by this Act, the Visitor may by general or special order, direct any officer of the University to exercise the powers and perform the duties conferred or imposed by or under the principal Act as so amended or the Statutes as so modified on the Court or the Executive Council or the Finance Committee, as the case may be.
(3) Notwithstanding anything contained in the principal Act or the Statutes immediately before the commencement of this Act, where this Act modifies the method of appointment to an office or the term of office of the holder thereof, the holder of such office shall, unless he resigns his office and his resignation is accepted under Statute 30, continue to exercise the functions of that office until his successor is appointed in accordance with the provisions of the principal Act as amended by this Act or the Statutes as modified by this Act and enters upon his office ; and for the removal of doubts, it is hereby declared that a person holding any such office as aforesaid immediately before the commencement of this Act shall be eligible for reappointment to that office.
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