( 1 ) This Act may be called the1[ B anaras] 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.
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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,
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.]
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1. Substituted for the original section by BanarasHindu University (Amendment.) Act (52 of 1966), Section 2 (31-12-1966).
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 [* * *]
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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).
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.]
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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).
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.]
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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).
(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.]
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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).
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.]
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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).
(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.]
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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).
(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.]
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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 [(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.]
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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).
(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.]
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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).
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.
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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).
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.]
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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).
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.]
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1. Subtituted for Ss. 9 and 9 A, by the Banaras HinduUniversity (Amendment) Act (34 of 1969), Section 5 (5-9-1969).
( 1 ) The Executive Council sh all, sub ject to the control of the2[visitor] be the executive body of the University and sh all 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 other wise provided for.
( 2 ) Sub ject to the provisions of this Act, the Executive Council sh all exercise such other powers and perform such other duties as may be conferred or imposed on it by the Statutes or the Ord inances.]
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1. Section 10 substituted by the Banaras Hindu University (Amendment) Act (52 of 1966), Section 10 (31-12-1966).
2. Substituted for the word 'Court' by the Banaras Hindu University (Amendment) Act (34 of 1969), Section 6 (5-9-1969).
(1) The 1 [Academic Council] shall be the academic body of the University and, subject to the Act, the Statutes and 2 [Ordinances] shall have [3 [*] charge of the organization of] 5 [study and research] in the University and the Colleges, the courses of study and the examination 6 [* * *] of students and the conferment of ordinary and honorary degrees 7 [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.]
4 [(2)***]
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1. Substituted for the word "Senate" by the Banaras Hindu University (Amendment) Act, 1951 (55 of 1951), Section 2 (3-11-1951).
2. Substituted for the word "Regulations", by the Banaras Hindu University (Amendment) Act, 1951 (55 of 1951), Section 2 (3-11-1951).
3. The word 'entire' was omitted, by the Banaras Hindu University (Amendment) Act,1951 (55 of 1951), Section 2 (3-11-1951). Section 7.
4. Sub-section (2) was omitted, by the Banaras Hindu University (Amendment) Act,1951 (55 of 1951), Section 2 (3-11-1951). Section 7.
5. Substituted for the word 'instruction' by the Banaras Hindu University (Amendment) Act (52 of 1966), Section 11 (31-12-1951)
6. Words 'and discipline' omitted, by the Banaras Hindu University (Amendment) Act(52 of 1966), Section 11 (31-12-1951)
7. Added by the Banaras Hindu University (Amendment) Act (52 of 1966), Section 11(31-12-1951)
Omitted by the Banaras Hindu University (Amendment) Act (34 of 1969), Section 7 (5-9-69).
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.
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1. Substituted for original Section 12A by the Banaras Hindu University (Amdt.) Act (52 of 1966), Section 12 (31-12-1966).
(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 (I), 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.]
1[( 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 Official Gazette and a copy of the accounts, together with the auditor's reports, shall be 2[submitted 3[***] to the Visitor.]
4[(3) A copy of the accounts, together with the auditor's report, shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both Houses of Parliament.]
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1. Substituted for sub-section (1) by the Banaras Hindu University (Amdt.) Act, (55 of 1951), Section 9 (3-11-1951).
2. Substituted for the words 'submitted to the visitor' by the Banaras Hindu University (Amdt.) Act (52 of 1966), Section 13(31-12-1966).
3. Words 'to the Court and', omitted, by the Banaras Hindu University (Amdt.) Act (52 of 1966), Section 13(31-12-1966). (34 of 1969), Section 8 (5-9-69).
4. Inserted by the Central University Laws (Amendment) Act, 2008 dated 05.12.2008.
1[(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 by 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 to be laid before both Houses of Parliament.]
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1. Inserted by the Central University Laws (Amendment) Act, 2008 dated 05.12.2008.
The University sh all invest, and keep invested, in securities in which trust funds may be invested, in accordance with the provisions of the law relating to trusts in1[India], a sum of2[forty-five lakhs of rupees] as a permanent endowment to me et 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,3[ 1920 ] which may be held by the University sh all, for the purpose of this section, be reckoned at their face-value, and
( 2 )4[the aforesaid sum of forty-five lakhs sh all be reduced by such sum as, at the commencement of the B anaras Hi ndu University (Amendment) Act, 1966 ] the Central Government sh all, by ord er in writing, declare to be the total capitalised value, for the purposes of this section -
(a) of all permanent recurring grants of money which have been made to the University5[by any Ruler of an Indian State] and
(b) of the total income accruing from immovable property which has been transferred to the University.
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1. Substituted for the words "the States" by the Banaras Hindu University (Amendment) Act, (55 of 1951), Section 10 (3-11-1951).
2. Substituted for the words 'fifty lakhs of rupees' by the Banaras Hindu University (Amendment) Act, (52 of 1966), Section 14(a) (31-12-1966).
3. Substituted for the figures '1886', by the Banaras Hindu University (Amendment) Act, (52 of 1966), Section 14(a) (31-12-1966). Section 14(b)(i).
4. Substituted for the words "the aforesaid sum of fifty lakhs shall be reduced by such sum as, at the commencement of this Act, by the Banaras Hindu University (Amendment) Act, (52 of 1966), Section 14(a) (31-12-1966). Section 14(b)(ii)(A).
5. Substituted for the words 'by any Indian Prince or Chief, by the Banaras Hindu University (Amendment) Act, (52 of 1966), Section 14(a) (31-12-1966). Section 14(b)(ii)(A). Section 14(b)(ii)(b).
(1) The Central Hindu College, 1 [Banaras], shall, from such date2 as the Central Government may, by notification in the Official Gazette, appoint in this behalf, be deemed to be a College maintained by the University, and the University may found and maintain other colleges and 3 [institutions including High Schools, within a radius of fifteen miles from the main temple of the University] for the purpose of carrying out instruction and research.
6 (1A) 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.]
(2) With the approval of the 4 [academic Council] and the sanction of the Visitor, and subject to the Statutes and 5 [Ordinances] the University may admit colleges and 3 [institutions including High Schools, within the aforementioned limits] to such privileges of the University, subject to such conditions, as it thinks fit.
6 [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 privileges of the University.]
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1. Substituted for the word "Benaras" by the Banaras Hindu University (Amendment) Act, (55 of 1951), Section 2 (3-11-1951).
2. That is, 1st October, 1917 .
3. Substituted for the words "institutions in Benares" by the Banaras Hindu University (Amendment) Act (55 of 1951), Section 11 (3-11-1951)
4. Substituted for the word "Senate", by the Banaras Hindu University (Amendment) Act (55 of 1951), Section 11 (3-11-1951) Section 2.
5. Substituted for the word "Regulations", by the Banaras Hindu University (Amendment) Act (55 of 1951), Section 11 (3-11-1951) Section 2.
6. Sub-section (1A) and Proviso to sub-section (2) added by the Banaras Hindu University (Amendment) Act, (52 of 1966), Section 15(a) and (b) (31-12-1966).
The degrees, diplomas, certificates and other academic distinctions granted by the University, sh all be recognized by1[the Central and State Governments] to the same extent and, in the same manner as the corresponding degrees, diplomas, certificates and other academic distinctions granted by any other University incorporated by2[a Central Act].
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1. Substituted for the words "any Government in British India" by A.C.A.O., 1948.
2. Substituted for the words "an Act of the Central Legislature" by A.L.O., 1950.
q
The University shall constitute for the benefit of its officers, teachers and other 3 [employees] such pension or provident fund 2 [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.]
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1. Inserted by the Banaras Hindu University (Amendment) Act, (29 of 1930), Section 4.
2. Inserted; by the Banaras Hindu University (Amendment) Act, (29 of 1930), Section 4. (55 of 1951), Section 12 (3-11-1951).
3. Substituted for the word "servants" by the Banaras Hindu University (Amendment) Act, (29 of 1930), Section 4. (55 of 1951), Section 12 (3-11-1951). (52 of 1966), Section 16 (31-12-1966).
(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 bysub-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.
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1. Sections 16B to 16D inserted by the Banaras Hindu University (Amendment) Act, (52 of 1966), Section 17 (31-12-1966).
No act or proceedings of any authority or board or committee of the University sh all 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 me mber thereof, or
(c) any irregularity in its procedure not affecting the me rits of the case.
__________________
1. Sections 16B to 16D inserted by the Banaras Hindu University (Amdt.) Act, (52 of 1966), S. 17 (31-12-1966).
No suit, prosecution or other legal proceeding sh all lie against any officer, teacher or other employee of the University for anything which is in good faith d one or intended to be done by hi m under this Act or the Statutes or the Ord inances or the Regulations.
__________________
1. Sections 16B to 16D inserted by the Banaras Hindu University (Amdt.) Act, (52 of 1966), S. 17 (31-12-1966).
(1) Subject to the provisions of thisAct, the Statutes may provide for all or any of the following matters,namely:-
(a) the constitution of the Court and theconstitution, powers and duties of the otherauthorities of the University other than the powers and dutiesprovided for in this Act;
(b)2 [the appointment by election,nomination or otherwise] of membersof the authorities of the University, their continuance in office, the fillingof vacancies of members thereof and all othermatters relating to the authorities;
(c) the appointment, powers and duties of theofficers of the University;
(d) the institution of degrees, diplomas,certificates and other academic distinctions;
(e) the conferment of honorary degrees;
(f)the holding of convocation to confer degrees;
(g)the establishment, reconstitution, amalgamation, division or abolition offaculties, departments, hostels, colleges and institutions;
(h) the withdrawal of degrees, diplomas, certificatesand other academic distinctions;
(i) conditions under which colleges and institutionsincluding High Schools may be admitted to the privileges of theUniversity and the withdrawal of such privileges;
(j) the institution of fellowships, scholarships,studentships, medals and prizes;
(k) the registration of graduates and themaintenance of a register of registered graduates;
(l) the classification and the manner of appointment ofteachers in the University and the colleges;
(m) the constitution of a pension or provident fundand the establishment of an insurance scheme for the benefit of the officers,teachers and other employees of the University;
(n) the meetingsof the Court, the Executive Council, the Academic Council, 3 [ * * *******] the Finance Committee or the Faculties, the quorum at suchmeetingsand the procedure to be followed in the conduct of their business;
(o) the discipline of students;
(p) all othermatters which are to be or may be provided for by the Statutes.
(2) The Statutes in force at the commencement6 of the Banaras HinduUniversity (Amendment) Act, 1966, shallbe those set out in the Schedule to this Act.
4 [(3)The Executive Council may, from time to time, make new or additional statutes ormay amend or repeal the Statutes.]
5 [(4)Every new Statute or addition to a Statute or any amendment or repeal of aStatuteshallrequire the previous approval of the Visitor who may sanction or disallow it orremit it for further consideration.
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1. Substituted for section 17 by the Banaras HinduUniversity (Amendment) Act, (52 of 1966). Section 18(31-12-1966).
2. Substituted for the words 'the election andappointment' by the Banaras Hindu University (Amendment) Act, (52 of 1966). Section 18(31-12-1966), (34 of 1969), Section 9 (5-9-1969).
3. Words 'Standing Committee of the AcademicCouncil', omitted, by the Banaras Hindu University (Amendment) Act, (52 of 1966).Section 18(31-12-1966), (34 of1969), Section 9 (5-9-1969).
4. Sub-section (3) substituted for formersub-sections (3) to (6), by the Banaras Hindu University (Amendment) Act, (52 of1966). Section 18(31-12-1966), (34of 1969), Section 9 (5-9-1969).
5. Sub-section (7) renumbered as sub-section (4), bythe Banaras Hindu University (Amendment) Act, (52 of 1966). Section 18(31-12-1966), (34 of 1969), Section 9 (5-9-1969).
6. 31-12-1966 is the date of the commencement of theAct.
(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;
2 [(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;
3 [(ff) the remunerations 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 the prescribing for them of special courses of study;
(j) the giving of religious instruction;
(k) the emoluments and the terms and conditions of service of 4 [employees] of the University;
(l) the management of colleges and other institutions founded or maintained under sub-section (1) of section 15;
3 [(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;
5 [* *]
6 [(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 made under this section.
(3) The said Ordinances may be amended, repealed or added to at any time by the Executive Council;
7 [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.
8 [(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.]
________________________
1. Substituted for sections 18 and 19 by the Banaras Hindu University (Amendment) Act, (55 of 1951), Section 14 (3-11-51).
2. Clause (c) of sub-section (1) substituted by the Banaras Hindu University (Amendment) Act, (32 of 1966), Section 19(a) (31-12-1966).
3. Inserted, by the Banaras Hindu University (Amendment) Act, (32 of 1966), Section 19(a) (31-12-1966).
4. Substituted for the word 'teachers', by the Banaras Hindu University (Amendment) Act, (32 of 1966), Section 19(a) (31-12-1966).
5. Word 'and' omitted, by the Banaras Hindu University (Amendment) Act, (32 of 1966), Section 19(a) (31-12-1966).
6. Inserted, by the Banaras Hindu University (Amendment) Act, (32 of 1966), Section 19(a) (31-12-1966).
7. Substituted for the original proviso, by the Banaras Hindu University (Amendment) Act, (32 of 1966), Section 19(a) (31-12-1966). Section 19(b).
8. Substituted for former sub-sections (5), (6), (7) and (8), ibid, (34 of 1969), Section 10 (5-9-69).
(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 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 :
2 [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 3 ['Visitor'] whose decision thereon shall be final.]
4[(4) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official Gazette.
(5) Every Statute, Ordinance or Regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the Statute, Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regulation should not be made, the Statute, Ordinance or Regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Statute, Ordinance or Regulation.]
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1. Substituted for sections 18 and 19 by the Banaras Hindu University (Amendment) Act, (55 of 1951), Section 14 (3-11-51).
2. Proviso, inserted by the Banaras Hindu University (Amendment) Act, (52 of 1966), Section 20 (31-12-1966).
3. Substituted for the word 'Court' by the Banaras Hindu University (Amendment) Act, (52 of 1966), Section 20 (31-12-1966), (34 of 1969), Section 11 (5-9-1969).
4. Inserted by the Delegated Legislation Provisions (Amendment) Act, 2004
Where any authority of the University is given powerby this Act or by the Statutes to appoint boards or committees, such board orcommittee shall, unless there is some special provision to thecontrary, consist of members of the authority concerned and of suchotherpersons (if any) as the authority in each case may think fit.]
________________________
1. Inserted by the Banaras Hindu University(Amendment)Act, (52 of 1966), Section 21 (31-12-1966).
(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
THE SCHEDULE1
[See section 17(2)]
THE STATUTES OF THE UNIVERSITY
1. Definitions.-
In these Statutes,-
(a) "Act" means the Banaras Hindu University Act, 1915;
(b) all words and expressions used herein and defined in the Act shall have the meanings respectively assigned to them in the Act.
2. Emoluments, terms and conditions of service of theVice-Chancellor.-
(1) There shallbe paid to the Vice- Chancellor a salary of two thousand five hundred rupees per mensem and he shallbe entitled, without payment of rent, to use a furnished residence through outhisterm of office and no charge shall fall on the Vice-Chancellor personally in respectof the maintenance of such residence.
(2) The Vice-Chancellor shallnot be entitled to the benefits of the University Provident Fund or to anyotherallowance:
Provided that where an employee of the University isappointed as Vice-Chancellor, he shallbe allowed to continue to contribute to the Provident Fund and the contributionof the University shall be limited to what he had been contributingimmediately before his appointment as Vice-Chancellor
(3) The Vice-Chancellor shallbe entitled to travelling allowances at such rates as may be fixed by theExecutive Council.
(4) The Vice-Chancellor shallbe entitled to leave on full pay for one-eleventh of the period spent byhimon acting service.
(5) The Vice-Chancellor shallalso be entitled, on medical grounds or otherwisethan on medical grounds, to leave without pay for a period notexceeding three months during the term of hisoffice:
Provided that such leave may be converted into leaveon full pay to the extent to which he will be entitled to leave under Clause (4).
3. Rector.-
(1) The Rector shallbe appointed by the Executive Council on the recommendation of the Vice-Chancellor:
Provided that where the recommendation of the Vice-Chancellor is not accepted by the Executive Council, he may recommend any other person to the Executive Council and if it does not accept that recommendationalso, the Vice-Chancellor shall forward the names of both the persons afore said to the Visitor and the Visitor may appoint either of them or direct the Vice-Chancellor to recommend any other person to the Executive Council.
(2) The Rector shallbe a whole-time salaried officer of the University.
1 [(3)The Rector shall hold office for only so long as theVice-Chancellor on whose recommendation he was appointed holds office and he shall be eligible for reappointment:
Provided that notwithstanding the expiry of the termof his office, the Rector shallcontinue in office until his successor is appointed and enters upon his office.]
(4) The emoluments and otherterms and conditions of service of the Rector shallbe prescribed by the Ordinances.
(5) The Rector shallassist the Vice-Chancellor in all matters and shallalso exercise such powers and perform such duties as may be delegated tohimby the Vice-Chancellor.
(6) Where the Vice-Chancellor is the Chairman of anyboard or committee appointed under Statute 26 and he if absent for anyreason whatsoever from any meeting of such board or committee, the Rectorshallpreside over such meeting.
(7) The Rector shallbe entitled to be present at and to address any meetingof any authority or board or committee of the University butshallnot be entitled to vote thereat unless he is a memberof such authority or board or committee.
4. Registrar.-
(1) The Registrar shallbe appointed by the Executive Council on the recommendation of a SelectionCommittee constituted for the purpose and shallbe a whole-time salaried officer.
(2) When the office of the Registrar is vacant or whenthe Registrar is, by reason of illness or absence for anyothercause, unable to perform the duties of his office, the duties of the officeshallbe performed by such person as the Vice-Chancellor may appoint for the purpose.
(3) The Registrar shallbe the ex officio Secretary of the Court, the Executive Council, the AcademicCouncil, 2 [* * * * * *] the Selection Committees and the Faculties,but shall not be deemed to be a memberof any of these authorities.
(4) The Registrar shall-
(a) be the custodian of the records, the common sealand such other properties of the University as the ExecutiveCouncil shall commit to hischarge;
(b) issue under the direction of the Vice-Chancellorall notices convening meetings of the Court, the Executive Council, theAcademic Council, 3 [* * * * * *]the Selection Committees, theFaculties, the Boards of Studies, the Boardsof Examiners, the Boards of Moderators and of the committees appointedby the authorities of the University;
(c) maintain the minutes of allmeetingsof the court, the Executive Council, the Academic Council, 3 [******]the Selection Committees, the Faculties, and of the committees appointed by theauthorities of the University;
(d) conduct the official correspondence of the Court,the Executive Council, 4 [and the Academic Council;]
(e) control the conduct of examinations and allotherarrangements necessary therefor and the execution of all processes connectedtherewith;
(f) supply to the Visitor copies of the agenda ofmeetingsof the authorities of the University as soon as they are issued and the minutesof the meetings of the authorities ordinarilywithin a month of the holding of the meetings;
(g) in an emergency, when neither the Vice-Chancellornor the Rector is able to act, call a meetingof the Executive Council forthwith and take its directions for carrying on thework of the University;
(h) represent the University in suits or proceedings byor against the University, assign powers of attorney and verify pleadings ordepute his representative for the purpose;
(i) perform such otherduties as may be prescribed by these Statutes, the Ordinancesand Regulations or as may be required from time to time, by the ExecutiveCouncil or the Vice-Chancellor.
(5) (a) The Registrar shallhave power to take disciplinary action against the employees belonging to theministerial, subordinate-executive and Class IV services and tosuspend them pending enquiry, administer warnings to them or impose on them thepenalty of censure or the withholding of increment:
Provided that no such penaltyshallbe imposed until the employee has been given a reasonable opportunity ofshowingcause against the action proposed to be taken in regard tohim.
(b) An appeal shalllie to the Vice-Chancellor against any orderof the Registrar imposing the penalty of the withholding of increment.
(c) In a case where the enquiry discloses that apunishment beyond the powers of the Registrar is called for, the Registrarshall,upon conclusion of the enquiry, make a report to the Vice-Chancellor along withhisrecommendations, and the decision of the Vice-Chancellor thereonshallbe final:
Provided that an appealshalllie to the Executive Council against the orderof the Vice-Chancellor imposing the penalty of dismissal.
5. Finance Officers.-
(1) The Finance Officer shallbe appointed by the Executive Council on the recommendation of a SelectionCommittee constituted for the purpose and shallbe a whole-time salaried officer.
(2) When the office of the Finance Officer is vacant orwhen the Finance Officer is, by reason of illness or absence for anyothercause, unable to perform the duties of his officer, the duties of the officeshallbe performed by such person as the Vice-Chancellor may appoint for the purpose.
(3) The Finance Officer shall-
(a) exercise general supervision over the funds ofthe University and shall advise it as regards its financial policy; and
(b) perform such otherfinancial functions as may be assigned to himby the Executive Council or as may be prescribed by these Statutes or theOrdinances:
Provided that the Finance Officershallnot incur any expenditure or make any investment exceeding Rs. 10,000without the previous approval of the Executive Council.
(4) Subject to the control of theExecutive Council, the Finance Officer shall-
(a) hold and manage the property and investmentsincluding trust and endowed property for furthering any of the objects of theUniversity;
(b) see that the limits fixed by the FinanceCommittee for recurring and non-recurring expenditure for a year are notexceeded and that all moneys are expended on the purposes for which they aregranted or allotted;
(c)be responsible for the preparation of annual accounts and the budget of theUniversity for the next financial year and for their presentation to theExecutive Council;
(d) keep a constant watch on the state of the cashand bank balances and on the state of investments;
(e) watch the progress of collection of revenue andadvise on the methods of collection employed;
(f)have the accounts of the University regularly audited by an internal auditparty;
(g) see that the registers of buildings, land andequipment are maintained up-to-date and that the stock-checking is conducted ofequipments and other consumable materials in all offices and colleges,and in the Public Works Department and Workshop stores;
(h) call for explanation for unauthorised expenditureand for other financial irregularities and suggest disciplinaryaction against the persons at fault;
(i) call for from any office or institution under theUniversity any information or returns that he may consider necessary todischarge his financial responsibilities.
(5) The receipt of the Finance Officer or of the personor persons duly authorised in this behalf by the Executive Council for any moneypayable to the University shallbe sufficient discharge for the same.
6. Librarian.-
(1) The Librarian shallbe a whole-time salaried officer appointed by the Executive Council on therecommendation of a Selection Committee constituted for the purpose andshallpossess such qualifications as may be prescribed by the Executive Council.
(2) When the office of the Librarian is vacant or whenthe Librarian is, by reason of illness or absence for anyothercause, unable to perform the duties of his office, the duties of the officeshallbe performed by such person as the Executive Council may appoint for thepurpose.
(3) The duties and powers of the Librarianshallbe regulated by the Ordinances.
7. Dean of Students.-
(1) The Dean of Students shallbe appointed, from amongst employees of the University who are or who have beenteachers of the University not below the rank of Reader, by the ExecutiveCouncil on the recommendation of the Vice-Chancellor; the Deanshallbe a whole-time employee of the University, shallhold office for a term of three years and shallbe eligible for reappointment.
(2) The person who is appointed as the Dean of Students shall continue to hold hislien onhissubstantivepost and shall continue to subscribeto the University Provident Fund.
(3) When the office of the Dean of Students is vacantor when the Dean of Students is, by reason of illness or absence for anyothercause, unable to perform the duties of his office, the duties of the officeshallbe performed by such person as the Vice-Chancellor may appoint for the purpose.
(4) The duties and powers of the Dean of Studentsshallbe regulated by the Ordinances.
8. Chief Proctor.-
(1) The Chief Proctor shallbe a person not below the rank of Reader of the University,shallbe appointed by the Executive Council from amongst the teachers of theUniversity on the recommendation of the Vice-Chancellor and shallexercise such powers and perform such duties as may be assigned tohimby the Vice-Chancellor.
(2) The Chief Proctor shallhold office for a term of two years and shallbe eligible for reappointment for a second term.
(3) When the office of the Chief Proctor is vacant orwhen the Chief Proctor is, by reason of illness or absence for anyothercause, unable to perform the duties of his office, the duties of the officeshallbe performed by such person as the Vice-Chancellor may appoint for the purpose.
9. Deans of Faculties.-
(1) There shallbe a Dean for each Faculty; the head of each of the Departments within theFaculty, who is a Professor, shall, by rotation according to seniority, act as theDean of the Faculty for a period of two years:
Provided that, in any Faculty, -
(i) if there is no Professor, the senior-most Readershallact as the Dean, and
(ii) if there is no Professor or Reader, theVice-Chancellor shall act as the Dean.
(2) The dean shallbe the Chairman of the Faculty and shall be responsible for the due observance of theseStatutes, the Ordinances and the Regulations relating to the Faculty.
(3) The Dean shallbe responsible for the organisation and conduct of teaching and research work inthe departments comprised in the Faculty.
(4) The Dean shallexercise such other powers and perform suchotherfunctions and duties as may be assigned to himby the Executive Council or the Vice-Chancellor.
5 [10. The Court.-
(1) The Court shallconsist of the following members, namely : -
(a) the Chancellor, ex officio,
(b) the membersof the Executive Council, ex officio,
(c)three persons, being Heads of Departments of Studies or Principals of Collegesof the University, nominated by the Visitor,
(d)two persons, being Professors from Departments of Studies or Colleges of theUniversity, nominated by the Visitor,
(e) two persons from among teachers of theUniversity, other than Professors, nominated by the Visitor.
(f) three representatives of Parliament, two to benominated by the Speaker of the Lok Sabha from among themembersthereof and one to be nominated by the Chairman of the Rajya Sabha from amongthe members thereof, and
(g) thirty persons nominated by the Visitor fromamong persons who are men of standing in public life or have specialknowledge or practical experience in education or have rendered eminent servicesin the cause of education.
(2) Seventeen membersof the Court shall form the quorum.
(3) All membersof the Court, other than ex officio members,shallhold office for a term of three years.]
11. Notice of meeting.-
Notice of meetingsof the Court shall be issued by the Secretary at least thirty daysbefore the date of the meeting with an agenda paper, and no business whichdoes not arise out of matters noted or mentionedin the agenda paper shall be considered unless the consent of at leasttwo-thirds of the members of the Court present at themeetingbe obtained thereto.
12. Notice of proposals or amendments.-
Every memberwho intends to bring forward any special business at ameetingof the Court or to propose any person for election as Chancellorshallgive notice of such business or of the name of the person to be proposed to theSecretary at least twenty days before the date appointed for suchmeeting;and every member who intends to propose an amendmentshallgive notice thereof to the Secretary ten days before the date fixed for themeeting.
13. Notice of specialmeeting.-
A notice of twenty-one days of any specialmeetingof the Court stating generally the nature of the business to be transactedshallbe sent to each member of the Court, and no suchmeetingshallbe competent to transact any business otherthan that mentioned in the notice or directly arising out of it; anymemberdesiring to send a proposal relating to the nature of the business specified inthe notice shall send such proposal to the Secretary so as toreach him at least ten days before the date of themeeting.
6 [14. The Executive Council.-
(1) The Executive Councilshallconsist of the following members, namely :-
(a) the Vice-Chancellor, ex officio,
(b) eight persons nominated by the Visitor.
(2)Fivemembersof the Executive Council shall form the quorum.
(3) The membersof the Executive Council shall hold office for a term of three years.]
15. Powers of the Executive Council.-
Subject to the provisions of the Act, these Statutes andthe Ordinances, the Executive Councilshall,in addition to any other powers vested in it, have the following powers,namely :-
(i) to appoint, from time to time, such Professors,Readers, Lecturers and other members of the teaching staff as mayhe necessary, on the recommendation of the Selection Committee constituted forthe purpose, and to provide for filling temporary vacancies therein;
(ii) to fix the emoluments and define the duties andconditions of service of Professors, Readers, Lecturers andother members of the teaching staff:
Provided that no actionshallbe taken by the Executive Council in respect of the number, the qualificationsand the emoluments of teachers otherwise than after consideration ofthe recommendation of the Academic Council;
(iii) to appoint the Registrar, the Dean of Students,the Chief Proctor, the Librarian and othersalaried officers and staff of the University and to fix their emoluments anddefine their duties and conditions of service;
(iv) to manage and regulate the finances, accounts,investments, property, business and all otheradministrative affairs of the University and, for that purpose, to appoint suchagents as it may think fit;
(v) to invest any money belonging to the University,including any unapplied income, in such stocks, funds,sharesor securities, as it shall, from time to time, think fit, or in the purchaseof immovable property in India, with the like powers of varying such investmentsfrom time to time;
(vi) (a) toaccept on behalf of the University any trust, bequest, donation or transfer ofany movable or immovable property to the University; and
(b)to transfer any movable property on behalf of the University;
(vii) to provide the buildings, premises, furniture,apparatus and other means needed for carrying on the work of theUniversity;
(viii) to enter into, vary; carry out and cancelcontracts on behalf of the University;
(ix) to entertain, adjudicate upon, and if it thinksfit, to redress, any grievances of the salaried officers of the University, theteaching staff and other employees of the University who may for any reasonfeel aggrieved :
Provided that, in matters of discipline andpunishment, where the final power has been vested in the Vice-Chancellor or anyotherofficer of the University, no appeal shall lie to the Executive Council;
(x) to appoint examiners and moderators and, ifnecessary, to remove them, and to fix their fees, emoluments and travelling andotherallowances after considering the recommendations of 7 [******] theAcademic Council;
(xi) to maintain registers of registered graduatesand of registered donors to the University;
(xii) to select a common seal for the University, andprovide for the custody and use of the seal;
(xiii)to manage Departments, institutions of Research or Specialised Studies, SpecialCentres, Laboratories, Museums and Hostels Managed by the University;
(xiv) to arrange for and direct the inspection ofColleges, Departments, Institutions, Special Centres and Hostels and to issueinstructions for maintaining their efficiency and ensuring proper conditions ofemployment for members of their staff;
(xv)to make arrangements, from time to time, for periodical assessment of the workof the teachers of the University;
(xvi) to institute fellowships including travellingfellowships, scholarships, studentships, medalsand prizes;
(xvii) to direct the conduct of examinations inconformity with the Ordinances and the publication of theresults thereof;
(xviii) to delegate any of its powers to theVice-Chancellor, the Registrar or such otherofficer of the University or to a Committee appointed by it as it may deem fit.
16. Contracts.-
The Executive Council shall,from time to time, appoint such person or persons as it may think proper, eitherby virtue of office or by name, to enter into, execute and sign contracts forand on behalf of the University, and to presentthem for registration according to the law in force for the time being.
17. Academic Council.-
(1) The Academic Council shallconsist of the following members, namely:-
(i)The Vice-Chancellor.
(ii) The Deans of Faculties,
(iii) The Heads of Teaching Departments,
(iv) All Professors who are not Heads of TeachingDepartments,
(v) The Librarian,
(vi) The Dean of Students,
(vii) Chief Proctor.
(viii) Two Readers and four Lecturers by rotationaccording to seniority;
(ix) The Principal, Women'sCollege, and, if there are two or more Women's Colleges, thePrincipals,
(x) All Principals ofcolleges admitted to the privileges of the University.
(xi) Not more than five persons, not being employeesof the University, co-opted by the Academic Council for their specialisedknowledge
(2) All membersof the Academic Council, other than ex officiomembersshallhold office for a term of three years :
Provided that a memberco-opted in his capacity as a memberof a particular board or committee or as the holder of a particular postshallhold office so long as he continues to be a memberof that board or committee or the holder of that post.
(3) Twenty-five membersof the Academic Council shall form the quorum.
18. Powers, duties and functions of the AcademicCouncil.-
Subject to the provisions of the Act, the AcademicCouncil shall, in addition to allotherpowers vested in it, have the following powers, duties and functions, namely :-
(i) to report on any matter refered to it by 8 [** * * * *] the Executive Council;
(ii)to make recommendations to the Executive Council with regard to the creation ofteaching posts in the University and the colleges, and the classification of thesaid posts and the emoluments and duties attaching thereto;
(iii) to formulate, modify or revise schemes for theorganisation of, and assignment of subjectsto, Faculties and to report to the Executive Council as to the expediency of theabolition, reconstitution or division of any Faculty or the amalgamation of oneor more Faculties;
(iv) to promote research within the University and torequire, from time to time, reports on such research;
(v) to consider proposalssubmittedby the Faculties;
(vi) to recognise diplomas and degrees ofotherUniversities and institutions and to determine their equivalent diplomas anddegrees of the Banaras HinduUniversity;
(vii) to make special arrangements, if any, for theteaching of women students and for prescribing for them special courses ofstudy, after consulting the Advisory Board of Women's Education;
(viii) to make such arrangements for the instructionand examination of persons, not being membersof the University, as may be necessary;
(ix) to recommend to the Executive Council the ratesof fees and charges;
(x) to make proposals to the Executive Council forthe establishment of Colleges, Departments, Institutions of Research andSpecialised Studies, Special Centres, Libraries, Laboratories and Museums;
(xi) to make proposals to the Executive Council forthe institution of fellowships, travelling fellowships, scholarships,studentships, medals and prizes;
(xii) to recommend to the Executive CouncildraftOrdinancesregarding examinations of the University and the conditions on which studentsshouldbe admitted to such examinations and the working, maintenance and use of theUniversity Library;
(xiii) to maintain proper standards of examination;
(xiv) to constitute a Council of Students' Affairsconsisting of such number of teachers and students as may be prescribed by theOrdinancesto advise the Academic Council on matters relating to the welfare of thestudents of the University;
9 [(xv) to fix,subjectto any conditions accepted by the Executive Council, the time, mode andconditions and competition for fellowships, scholarships and otherprizes and to award the same;
(xvi) to conduct examinations in conformity with theOrdinancesand to fix dates for holding them;
(xvii) to declare the results of the variousUniversity examinations, or to appoint committees or officers to do so, and tomake recommendations regarding the conferment or grant of degrees, honours,diplomas, certificates, titles and marks of honour;
(xviii) to award stipends, scholarships,medals,prizes and to make awards in accordance with the Ordinancesand such other conditions as may be attached to the awards;
(xix) to make recommendations to the ExecutiveCouncil in regard to the appointment of examiners, and if necessary, theirremoval and the fixation of their fees, emoluments and the travelling andotherallowances and the appointment of Boards of Examiners andModerators;
(xx) to appoint, whenever necessary, Inspectors orBoardsof Inspectors for inspecting colleges and institutions applying for admission tothe privileges of the University;
(xxi) to publish lists of prescribed or recommendedtext-books and to publish syllabuses of the prescribed courses of study;
(xxii) to prepare such forms and registers as are,from time to time, prescribed by the Ordinances;
(xxiii) to appoint committees for admission to theUniversity;
(xxiv) to appoint, subjectto the provisions of Statute 26, committees for such specific purposes as it maydeem necessary; and]
9 [(xxv) to perform, in relation toacademic matters, all such duties and to do all such acts as may be necessaryfor the proper carrying out of the provisions of the Act, these Statutes and the Ordinances.
10 [19. ******]
10 [20. ******]
21. Finance Committee.-
12 [(1)The Finance Committee shall consist of the followingmembers,namely: -
(i) the Vice-Chancellor;
(ii) three persons nominated by the Visitor;
(iii) two persons, who are not employees of theUniversity, appointed by the Executive Council;
(iv) two Deans of Faculties by rotation according toseniority for a term of two years.]
(2) The Finance Officer shallbe the Secretary of the Finance Committee.
12 [(3)Fourmembersof the Finance Committee shall form the quorum.]
(4) All membersof the Finance Committee, other than ex officiomembers,shallhold office for a term of three years.
(5) The Vice-Chancellor shallpreside at meetings of the Finance Committee.
(6) A member of the Finance Committeeshallhave the right to record a minute of dissent if he dissents from theother members.
(7) The Finance Committeeshallmeetat least twice every year to examine accounts and to scrutinise proposals forexpenditure.
(8) The annual accounts and the budget of theUniversity for the next financial year prepared by the Finance Officershallbe laid before the Finance Committee for consideration and comments andthereaftersubmittedto the Executive Council for approval with or without amendments.
(9) The Finance Committeeshallfix limits for the total recurring expenditure and the total non-recurringexpenditure for the year, based on the income and resources of the Universitywhich, in the case of productive works, may include the proceeds of loans; noexpenditureshallbe incurred by the University in excess of the limits so fixed.
22. Faculties. -
The Universityshallinclude the faculties of -
(i) Oriental Learning and Theology,
(ii) Arts,
(iii) Science, (iv) Law,
(v) Technology, (vi) Medical Sciences,
(vii) Agriculture, (viii) Education.
(ix) Music, and Fine Arts,
(x) Engineering,
(xi) Commerce.
23. Constitution of Faculties.-
(1) Each Faculty shallconsist of the following members, namely:- -
(i) the Dean of the Facultywho shall be the Chairman;
(ii) the Heads ofDepartments of Studies in the Faculty;
(iii) all Professors in theFaculty;
(iv) one Reader and oneLecturer; by rotation according to seniority, from each Department in theFaculty;
(v) one teacher, byrotation according to seniority, from the Women's Colleges
Provided that the college provides instruction in anyof the subjects assigned to the Faculty;
Provided further that the rotation according toseniority shall be amongst teachers ofsubjectsassigned to the Faculty;
(vi) persons not connected with the University havingspecial knowledge of the subject orsubjectsconcerned, nominated by the Academic council, one for each Department of theFaculty, provided that the number of membersto be nominated to each of the Faculties of Law, Agriculture, Education andMusic and Fine Arts under this sub-clauseshallbe five.
(2) The term of office of amembernominated under sub-clause (vi) of clause (1)shallbe three years from the date of his nomination,
24. Powers of the Faculties.-
(1) The Faculty shallhave such powers and shall perform such duties as may be assigned to them bythese Statutes and the Ordinances andshall,from time to time, appoint such and so many Boards of Studies indifferent branches of knowledge as may be prescribed by theOrdinances.
(2) The Faculties shallalso consider and make such recommendations to the Academic Council on anyquestion pertaining to their respective spheres of work as may appear to themnecessary or on any matter referred to them by the Academic Council.
25. Departments of Faculties.-
(1) The Departments of Studies in existence in theUniversity at the commencement of the BanarasHinduUniversity (Amendment) Act, 1966 and the Faculties relatingthereto are set out in the Annexure to this Schedule.
(2) No Department shallbe established, reconstituted, amalgamated with another,or divided or abolished except in accordance with the provisions of theseStatutes,
(3) Each Department shallconsist of the following members, namely:-
(i) Teachers of the Department;
(ii) Persons conducting research in the Departments;
(iii) Dean of the Faculty or Deans of the Facultiesconcerned;
(iv) Honorary Professors, if any, attached to theDepartment;
(v) Such otherpersons as may be members of the Department in accordance with theprovisions of the Ordinances.
(4) Each Department shallhave a Head who may be a University Professor or, if there is no Professor, aReader, and whose duties, functions and terms and conditions of appointmentshallbe laid down by the Ordinances :
Provided that, if there are two or more Professors orReaders in any Department, no person shallbe appointed to be the Head of the Department otherwisethan in accordance with the provisions made in respect thereof by theOrdinances:
Provided further that, if there is no Professor orReader in a Department, the Dean of the Faculty concernedshallact asthe Head of the Department.
26. Boards and Committees.-
The Court, the Executive Council, the AcademicCouncil or/and Faculty may appoint boards or committees consisting ofmembersof the authority making such appointment and such otherpersons (it any) as that authority in each case may think fit; and any suchboard or committee may deal with any subject assigned to itsubjecttosubsequentconfirmation by the authority which appointed it.
27. Selection Committees.-
(1) (a) There shallbe Selection Committees for making recommendations to the Executive Council forappointment to the posts of Professors, Readers, Lecturers, Registrar, FinanceOfficer and Librarian.
(b) Every Selection Committeeshallconsist of the Vice-Chancellor who shallbe the Chairman thereof and a person nominated by the Visitor; and, in addition,the Selection Committee for making recommendations for appointment to a postspecified in column (1)of the Table below shallhave as its members the persons specified in the correspondingentry in column (2) of the said Table.
TABLE
(1) (2)
Professor. ... ... (1) The Dean of the Faculty concerned;
(2) The Head of the Department concerned, if he is a Professor; and
(3) Three persons not connected with the University who have special knowledge of the subject with which the person to be appointed will be concerned, to be nominated by the Executive Council.
Reader, Lecturer. ... ... (1) The Dean of the Faculty concerned;
(2) The Head of the Department concerned, if he is a Professor; and
(3)Two persons not connected with the University who have special knowledge of the subject with which the person to be appointed will be concerned, to be nominated by the Executive Council.
Registrar, Finance... ... Officer Three members of the Executive Council nominated by it.
Librarian. ... Three persons not connected with the University who have special knowledge of the subject of Library Science to be nominated by the Executive Council.
(2) The procedure to be followed by a SelectionCommittee in making recommendations shallbe laid down in the Ordinances.
(3) If the Executive Council is unable to accept anyrecommendation made by the Selection Committee, itshallrecord its reasons and submit the case to the Visitor fororders.
28. Elected Chairman to preside where no provision nudein Statutes.-
Where, by these Statutes, no provision is made forthe President or Chairman to preside over a meetingof any University authority, board or committee, or when the President orChairman so provided for is absent, the members present shallelect one among themselves to preside at the meeting.
29. Reappointment and re-election.-
Save as otherwiseprovided in the Act, these Statutes or the Ordinances,every officer of the University and every memberof any University authority whose term of office or ofmembershiphas expired shall be eligible for reappointment or re-election, asthe case may be.
30. Resignation.-
(1) Any memberotherthan an ex officio member of the Court, the Executive Council, theAcademic Council or any other University authority may resignhismembershipby letter addressed to the Registrar, and the resignationshalltake effect as soon as such letter is received by the Registrar.
(2) An officer of the University (whether salaried orotherwise),otherthan a Dean, may resign his office by letter addressed to the registrar:
Provided that such resignationshalltake effect only on the date from which the same is accepted by the authoritycompetent to appoint such officer.
31. Removal of teachers.-
(a) Where there is an allegation of misconductagainst a teacher, the Vice-Chancellor may, if he thinks fit, byorderin writing, place the teacher under suspension and shallforthwith report to the Executive Council the circumstances in which theorderwas made:
Provided that the Executive Council may, if it is ofthe opinion, that the circumstances of the case do not warrant the suspension ofthe teacher, revoke that order.
(b) Notwithstanding anything contained in the termsof his contract of service or of hisappointment, the Executive Council shallbe entitled to remove a teacher on the ground of misconduct.
(c) Save as aforesaid, the Executive Councilshallnot be entitled to remove a teacher except for good cause and after giving threemonths' notice in writing or payment of three months' salary in lieu of notice.
(d) No teacher shallbe removed under clause (b) or under clause (c) until he has been given areasonable opportunity of showing cause against the action proposed to be takenin regard to him.
(e) The removal of a teachershallrequire a two-thirds majority of themembersof the Executive Council present and voting.
(f) The removal of a teachershalltake effect from the date on which the orderof removal is made :
Provided that where a teacher is under suspension atthe time of his removal, the removal shalltake effect on the date on which he was placed under suspension.
(g) Notwithstanding anything contained in theseStatutes, the teacher shall be entitled to resign by giving three months'notice in writing to the Executive Council.
32. Removal of employeesother than teachers.-
(1) Notwithstanding anything contained in the terms ofhiscontract of service or of his appointment, an employee of the University,otherthan a teacher, may be removed by the authority which is competent to appointthe employee-
(a) if he is of unsound mind or is a deaf-mute orsuffers 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 moralturpitude and sentenced in respect thereof to imprisonment for not less than sixmonths;
(d) if he is otherwiseguilty of misconduct.
Provided that no officer of the Universityshallbe removed from his office unless a resolution to that effect is passedby the Executive Council by a majority of two-thirds of itsmemberspresent and voting.
(2) No such employee shallbe removed under clause (1) until he has been given a reasonable opportunity of showing cause against the action proposed to be taken inregard to him.
(3) Where the removal of such employee is for a reasonotherthan that specified in sub-clause (c) or sub-clause(d) of clause (1), he shallbe given three months' notice in writing or paid three months' salary in lieu ofnotice.
(4) Notwithstanding anything contained in the Statutesan employee of the University, not being a teacher,shallbe entitled to resign,
(i) in the case of a permanent employee, only aftergiving three months' notice in writing to the appointing authority or paying tothe University three months' salary in lieu thereof;
(ii) in any othercase, only after giving one month's notice in writing to the appointingauthority or paying to the University one month's salary in lieu thereof.
33. Seniority.-
(1) Whenever, in accordance with these Statutes, anyperson is to hold any office or be a memberof any authority of the University by rotation according to seniority, suchseniority as between two persons holding permanent posts of similar rank orgrade shall be determined in accordance with the length ofcontinuous permanent service in such rank or grade and in the case of twopersons in temporary service in similar rank or grade, seniorityshallbe determined in accordance with the length of continuous temporary service insuch rank or grade; between a permanent employee and a temporary employee in thesame rank or grade, the permanent employee shallbe senior.
(2) It shall be the duty of the Registrar to prepare andmaintain in respect of each class of persons to whom the provisions of thisStatute apply, a complete and up-to-date seniority list in accordance with theprovisions of the foregoing clause.
(3) If two or more persons have equal length ofcontinuous service in a particular grade or post, or the relative seniority ofany person or persons is otherwise in doubt, the Registrar may,on his own motion, and shall,at the request of any such person, submit the matter to the ExecutiveCouncil whose decision thereon shall be final.
34. Tenure of office.-
Notwithstanding anything contained in these Statutes,a person who holds any office in the University or is amemberof any authority or board or committee of the University inhiscapacity as a member of any otherauthority or board or committee or as the holder of any appointment,shallhold the office or be a member of the authority or board or committee of theUniversity so long only as he continues to be a memberof that other authority or board or committee or the holder of thatparticular appointment, as the case may be.
35. Filling of casual vacancies.-
All casual vacancies in the office ofmember(other than an ex officio member) of any authority or board or committee of theUniversity shall be filled, as soon as conveniently may be, by theofficer or authority or board or committee who has power to appoint, elect orco-opt the member whose place has become vacant, and the person soappointed, elected or co-opted in a casual vacancyshallbe amemberof such authority or board or committee for the residue of the term for whichthe person whose place he fills would have been a member.
36. Admission of Colleges, etc., to the privileges ofthe University.-
(1) Colleges and otherinstitutions within a radious of fifteen miles from the main temple of theUniversity may be admitted to such privileges of the University as the ExecutiveCouncil may decide on the following conditions, namely:-
(i) every such college or institutionshallhave a Managing Body constituted in accordance with the rules relatingto the society or association establishing the college or institution consistingof-
(a) two persons nominated by the University;
(b) the Principal;
(c) two teachers to be nominated in accordance withthe Ordinances;
(d) such number of otherpersons as may be specified in the rules;
Provided that the previous approval of the ExecutiveCouncil is obtained for the appointment of every suchotherperson;
(ii) every such college or institutionshallsatisfy the Executive Council on the following points :-
(a) the suitability and adequacy of its accommodationand equipment for teaching,
(b) the qualifications and adequacy of its teachingstaff and the conditions of their service,
(c) the arrangements for the residence, welfare,discipline and supervision of its students, and
(d) such othermatters as are essential for the maintenance of the standards of Universityeducation; and
(iii) no college or institutionshallbe admitted to any privileges of the University except on the recommendation ofthe Academic Council made after considering the report of a Committee ofInspection appointed for the purpose by 13 [******] the AcademicCouncil.
(2) Every appointment of a teacher in such college orinstitution shall be made on the recommendation of a SelectionCommittee which shall consist of-
(a) the Principal, unless the post to be filled isthat of the Principal;
(b) one representative of the University nominated bythe Executive Council;
(c) two persons nominated by the ManagingBody;
(d) two persons not connected with the college orinstitution who have special knowledge of the subjectwith which the person to be appointed will be concerned to be nominated by theExecutive Council.
(3) Every such college or institutionshallbe inspected at least once every year by a Committee appointed by 13 [** * *] the Academic Council, and the report of that Committeeshallbesubmittedto 13 [* * *] the Academic Council which shallforward the same to the Executive Council with such recommendations as it maydeem fit to make. The Executive Council, after considering the report and therecommendations, if any, of 13 [******] the Academic Council,shallforward a copy of the report to the Managing Bodyof the college or institution with such remarks, if any, as it may deem fit, forsuitable action.
(4) The Executive Council may, after consulting theAcademic Council, withdraw any privileges granted to a college or institution ifat any time it considers that the college or institution is not fulfilling therequisite conditions:
Provided that no such privilegesshallbe withdrawn until the Managing Body of the college or the institution, as the casemay be, has been given a reasonable opportunity ofshowingcause against the action propsoed to be taken in regard to the college or theinstitution.
(5) Subject to the conditions set forthabove, the Ordinances may prescribe anyotherconditions which may be considered necessary and also the procedure for theadmission of colleges and institutions to the privileges of the University andfor the withdrawal of those privileges.
37. Registered graduates.-
(1) Every graduate of the University of not less thanthree years' standing shall be entitled to be registered and to havehisname entered in the register of registered graduates, the period of three yearsbeing computed from the date of conferment of the first degree by the Universityon the person concerned.
(2) Every person who intends to become a registeredgraduate shall make an application to the Registrar in such formand on payment of such fee as may be prescribed by theOrdinances.
(3) If any question arises as to whether a person isentitled to have his name entered in the register of registeredgradautes, it shall be decided by the Vice-Chancellor whose decisionthereon shall be final.
(4) The names of all graduates which have been enteredin the register of registered graduates immediately before the commencement ofthe Banaras Hindu University (Amendment) Act, 1966,shallbe included in the register of registered graduates maintained under thisStatute.
(5) No registered graduate shallbe entitled to vote at, or stand as a candidate for, an election to the Courtfrom among the registered graduates unless hisname has been entered in the register of registered graduates for at least oneyear prior to the date of the election.
38. Registered donors.-
(1) Every person who has made a donation of onethousand rupees or more or hastransferred property of the like value to the Universityshallbe entitled to be registered and to have hisname entered in the register of registered donors.
(2) The names of all donors who have made such donationor have transferred such proeprty immediately before the commencement of the Banaras HinduUniversity (Amendment) Act, 1966 shall be included in the register ofregistered donors maintained under this Statute.
39. Honorary Degrees.-
(1) The Degree of Doctor of Letters (D. Litt.), orMahamahopadhyaya, Honoris Causa, shallbe conferred upon such persons as have contributed substantiallyto the advancement of Literature, Philosophy, Art, Music, Painting or anyother subject assigned to the Faculty of Arts, or for conspicuous servicerendered by them to the cause of education.
(2) The Degree of Doctor of Science (D. Sc.) HonorisCausa shall be conferred upon such persons as have contributedsubstantiallyto the advancement of any branch of science or technology or to planning,organising or developing scientific and technological institutions in thecountry.
(3) The Degree of Doctor of Laws (LL. D.) Honoris Causa shall be conferred upon persons, who are distinguishedlawyers, Judges, Jurists, or statesmen or have made noteworthy contribution topublic good.
40. Emeritus Professor and Visiting Professor.-
(1) A retired Professor of the University who hasacquired distinction in the field of scholarship and research and has publishedany work of merit may, on the recommendation of the Vice-Chancelfor supported with reasons and of the Academic Council, be appointed as EmeritusProfessor on such terms as may be prescribed by theOrdinancesin this regard.
(2) A scholar of eminence who has acquired distinctionin the field of scholarship and research and has published any work ofmeritmay, on the recommendation of the Vice-Chancellor supported with reasons, beinvited by the Academic Council to deliver lectures in the University for aspecified period on such terms as may be prescribed by the Ordinances.
41. Provision for maintenance of Central Hindu School.-
(1) The Executive Councilshallmake provision for the maintenance of the Central HinduSchool and other schools which have been established in accordancewith the Act, these Statutes or the Regulations.
(2) The management of such schoolsshallbe in accordance with the Ordinance made in this behalf.
42. Properties of the schools to be properties of theUniversity.-
The schools referred to in Statute41and all their buildings, properties, furniture, apparatus and books and accountsshallbe the property of the University.
43. Subscription by employees.-
Every employee of the University, appointedpermanently, or on probation, to a substantivepost shall as a condition of hisservice, subscribe to the Provident fund eight and one-third percent of his salary; such subscriptionshallbe deducted from his salary every month, fractions of a rupee of thesalary being omitted.
44. Contribution by the University.-
(1) The University shallcontribute to the Fund a sum equal to such percentage of the salary of eachemployee as may be approved by the Central Government.
(2) Such contribution shallbe credited to the account of the employee concerned and charged to theUniversity accounts under the head "Provident Fund":
Provided that in the case of a person appointed onprobation such contribution shall be added to the Fund only onhisconfirmation, credit being given from the date on which thesubscriptionwas deducted each time from his salary.
45. Deposit in Bank.-
The amount of the deduction made from the salary ofan employee under Statute 43 and the amount of the contribution made by theUniversity under Statute 44 shall be deposited in the PostOffice Savings Bank or in the State Bankas the Executive Council may direct, in the name of the Fund as early aspracticable or at any rate within three days of the date on which the payment ofthe salary is made.
46. Investment in securities.-
(1) The University may, from time to time, invest suchpart of the Provident Fund, as may be considered expedient, in such Governmentsecurities as the Executive Council may determine, and may change the nature ofthe securities.
(2) All interest or profit realized from the securitiesor from any deposit or account arising out of the Fund,shall,after deducting the incidental expenses of investment or realization, becredited to the Provident Fund account to be distributed rateably in the accountof each subscriber.
47. Payment of Insurance premia.-
(1) On a written application from asubscriberto the Provident Fund and with the approval of the Executive Council, theUniversity may allow premia on the Life Insurance Policy of thesubscriberto be paid out of the subscriber'sshareinhisProvident Fund.
(2) In all such cases, the Life Insurance policy forwhich the premia are so paid shall be assigned in favour of the University and thepolicy shall, on the retirement of thesubscriberfrom the service of the University, be reassigned tohimby the University. In case of maturity of the policy during the service of thesubscriberin the University, the full amount of the policy shallbe credited to the Provident Fund of the subscriberand in the case of the death of the subscriberduring the service, the full amount of the policy shallbe paid to the legal representative of the deceased entitled to the ProvidentFund.
48. Amount whenpayable.-
The amount at the credit of anysubscribershallbe payble-
(a) on the death of thesubscriber,to the person or persons nominated by himor, when no such nomination is made to hislegal heir or heirs;
(b) on hisceasing to be in the service of the University, to such subscriber,provided-
(i) that no subscriberwho has been dismissed for what is considered by the Executive Council as grossmisconduct, shall, if the Executive Council so directs, be entitledto the benefit or to receive any part of any sum at any time contributed by theUniversity to the Fund or the interest or profit thereon;
(ii) that if any subscriberresigns his appointment before putting in five years' service,the University may withhold the contribution allotted tohim,together with the interest thereon, and pay to thesubscriberonly the balance at his credit without such contribution or the interest onor profit from such contribution.
49. Recovery of loss or damage.-
The University shallnot be entitled to recover from the amount to the credit of anysubscriberon account of subscriptions made by himthereto (including interest on or profit from such subscriptions),any sum on account of any loss or damage sustained by the University through themisconduct or negligence of the subscriberor any other sum due to the University fromhim,any such loss or damage sustained by the University orotherliability incurred by the subscriber to the University,shall,however, be recoverable from the contribution made by the University tohisaccount including interest or profit thereon.
50. Lapse of withheld contribution.-
Any contribution and interest or profit, withheldunder these Statutes, shall lapse to the University.
51. Advances.-
(1) In case of urgent necessity, which in the opinionof the Executive Council justifies the course, the University may allow asubscriberan advance of a sum, not exceeding hissalary for three months, out of the amount subscribedby him with interest thereon (excluding the contribution of theUniversity and the interest or profit thereon).
(2) The advance shallbe recovered in such number of monthly instalments, not exceeding twenty-four asthe Executive Council may fix, and shallbe recovered by deduction from the salary payable by the University to suchsubscriber;the amount of such instalments shall be fixed in whole rupees, and the deductionsshallcommence from the first payment of a full month's salary, after such advance hasbeen made, and the last instalment shallcover the entire balance then due.
(3) Notwithstanding anything in clause (1),if an advance is required for the purpose of building or purchasing a house, themaximum limit of the advance may be equal to twelve months' salary of thesubscriberout of his subscription to the fund, to berepaid in such number of instalments, not exceeding forty-eight, as theExecutive Council may determine.
(4) A subscriber may athisoption pay at any time any additional sum above the amount fixed.
(5) No subsequent advanceshallordinarilybe made until the lapse of three months from the date when the previous advancehas been fully repaid.
52. Subscription during leave.-
An employee, who is on leave on full payshallcontinue to subscribe to the Provident Fund and may do so athisoption, if he is on leave on less than full pay.
53. Annual statement of account.-
A separate account in Form Ashallbe kept in the office of the University on account of every employeesubscribingto the Provident Fund, and a copy of the account shallbe furnished to every such employee at the end of each financial year and onhisceasing to be an employee.
FORMA- (Not printed.)
54. Provident Fund Ledger.-
(1) Accounts credited or debited to the Provident Fund shall on the same day be posted to the Provident Fund Ledger in Form B,given below. The figures for Column 6 in the ledger will be calculated yearly as also the net balance of each account entered in Columns 7and 10.
FORMB- (Not printed.)
(2) No voluntary deposits from employees shall be credited to the Provident Fund.
55. Closing of account. -
If a subscriber dies or his services otherwise terminate, his account shall be closed, and the sum due to him shall cease to bear interest or carry any profit after the expiry of the month in which his death or the termination of his services occurs.
56. Transfer to deposit account.-
When an account is closed, any sum remain in gun claimed shall be removed from the Provident Fund Ledger and transferred to a deposit account at the end of the year and be dealt with like any ordinary deposit.
57. Nomination.-
(1) Every subscriber shall be required to sign a written declaration that he has read these Statutes and he agrees to abide by them and hand over for registration in the University office the name of the person to whom he wishes the balance at his credit to be paid in the event of his death.
(2) When nominating more than one person, he may state the proportion in which the said balance may be paid to each of them respectively. In case the nominee or any of the nominees is a minor, he should state the date of birth of the minor nominee; and the payment shall be made to the next friend of the nominee or the guardian who may be authorized by law to receive payment on his behalf while he is a minor.
(3) The subscriber may, from time to time, add to or change his nominee or nominees and the proportion in which the balance at credit is to be distributed, by written application to the University.
(4) A register of nominees shall be kept in the University Office in Form C given below.
FORM C- (Not printed.)
58. Employees who are not eligible.-
Notwithstanding anything contained in these Statutes, no employee of the University shall be entitled to the benefit of the Provident Fund if he is other wise entitled to a pension or the University contributes towards his pension and leave allowance or he has been appointed by the University on aconsolidated salary on special terms.
59. Gratuity.-
Where any employee of the University has been in continuous service, whether before or after the commencement of the Banaras Hindu University (Amendment) Act, 1966, for not less than ten years ,and-
(i) he retires from service on account of incapacity; or
(ii) he dies while in service;
the employee or, in the case of his death, the dependent members of his family, shall be paid on such retirement or death, by the University such gratuity as the Executive Council may determine in the circumstances of each case, the amount of gratuity being calculated at a rate not exceeding one-half month's salary last drawn by the employee for every completed year of service or any part thereof in excess of six months:
Provided that in no case the total amount of gratuity so determined shall exceed fifteen months' salary last drawn by the employee.
60. Maintenance of discipline among students of the University.-
(1) All powers relating to discipline and disciplinary action in relation to students shall vest in the Vice-Chancellor.
(2) The Vice-Chancellor may delegate all or such of his powers as he deems proper to the Chief Proctor and to such other persons as he may specify in this behalf.
(3) Without prejudice to the generality of his powers relating to the maintenance of discipline and taking such action in the interest of maintaining discipline as may seem to him appropriate, the Vice-Chancellor may, in the exercise of his powers aforesaid, order or direct that any student or students bee xpelled, or be, for a stated period, rusticated, or be not, for a stated period, admitted to a course or courses of study in a College, Department or Institution of the University, or be fined in a sum of rupees that may be specified, or be debarred from talking a University or College or Departmental Examination or Examinations for one or more years, or that the results of student or students concerned in the Examination or Examinations in which he or they have appeared be cancelled.
(4) The Principals of Colleges, Heads of Special Centres, Deans of Faculties and Heads of Teaching Departments in the University shall have the authority to exercise all such disciplinary powers over the students in their respective Colleges, Special Centres, Institutions, Faculties and Teaching Departments in the University as may be necessary for the proper conduct of the Institutions, Special Centers and teaching in the concerned Departments.
(5) Without prejudice to the powers of the Vice-Chancellor and-the Chief Proctor as aforesaid, detailed rules of discipline and proper conduct shall be framed. The Principals of Colleges, Heads of Special Centres, Deans of Faculties and Heads of Teaching Departments in the University may frame such supplementary rules as they deem necessary for the aforesaid purposes. Every student shall provide himself with a copy of these rules.
(6) At the time of the admission, every student shall be required to sign a declaration that on admission he submits himself to the disciplinary jurisdiction if the Vice-Chancellor and the several authorities of the University who may be vested with the authority to exercise discipline under the Act, the Statutes, the Ordinances and the Rules that have been framed there under by the University.
61. Membership of students' organizations.-
No student shall be compelled to join any students' organization; nor shall, a student be compelled to pay any fee or sub scription for any such organization unless he is a member there of.
ANNEXURE
[See Statute25(1)]
LIST OF DEPARTMENTS IN THE BANARAS HINDU UNIVERSITY.
Faculty of Arts
1.Department of English
2.Department of Hindi
3.Department of Sanskrit and Pali
4.Department of Economics
5.Department of Philosophy
6.Department of History
7.Department of Politics
8.Department of Arabic, Urdu and Persian
9.Department of Ancient Indian History, Culture and Archaeology.
10.Departmentof Art and Architecture
11.Department of Indian Philosophy and Religion
12.Department of Foreign Languages
13.Department of Indian Languages
14.Department of Psychology
15.Department of Indo-Sumerian Studies
16.Department of Sociology
17.Department of Library Science.
Faculty of Science
1. Department of Mathematics
2. Department of Botany
3. Department of Chemistry
4. Department of Geology
5. Department of Physics
6. Department of Geography
7. Department of Zoology
8. Department of Spectroscopy
9. Department of Geophysics.
Faculty of Technology
1. Department of Silicate Technology
2. Department of Pharmaceutics
3. Department of Chemical Engineering and Chemical Technology.
Faculty of Engineering
1. Department of Metallurgy
2. Department of Mining
3. Department of Mechanical Engineering
4. Department of Electrical Engineering
5. Department of Civil and Municipal Engineering
Faculty of Medical Sciences
1. Department of Ayurveda
2. Department of Surgery
3. Department of Anatomy
4. Department of Medicine
5.Department of Bio-Chemistry and Bio-Physics
6. Department of Pharmacology
7. Department of Pathology and Bacteriology
8. Department of Social and Preventive Medicine
9. Department of Obstetrics and Gynaecology
10. Department of Physiology
11. Department of Micro-Biology
12. Department of Ophthalmology
13. Department of Radiology
14. Department of Forensic Medicine
15. Department of Paediatrics.
Faculty of Law
Department of Law.
Faculty of Music and Fine Arts
1. Department of Vocal Music
2. Department of Instrumental Music
3. Department of Musicology
4. Department of Painting
5. Department of Plastic Arts
6. Department of Applied Arts.
Faculty of Oriental Learning and Theology
1. Department of Sahitya
2. Department of Darshan
3. Department of Vyakaran
4. Department of Religious Instructions
5. Department of Jyotish
6. Department of Theology
7. Department of Dharmashastra and Mimansa.
Faculty of Education
Department of Education.
Faculty of Agriculture
Department of Agriculture.
Faculty of Commerce
Department of Commerce.
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1.Substituted for Cl. (3) by the Banaras Hindu University (Amendment) Act (34 of1969), Section 12 (5-9-69).
2.Words the 'Standing Committee of the Academic Council' omitted by the Banaras Hindu University (Amendment) Act (34 of 1969), Section 12 (5-9-69).
3."The Finance Committee, the Standing Committee of the Academic Council," omitted, by the Banaras Hindu University (Amendment) Act (34 of1969), Section 12 (5-9-69)..
4.Substituted for the words 'the Academic Council and the Standing Committee ofthe Academic Council,' by the Banaras Hindu University (Amendment) Act (34 of 1969),Section 12 (5-9-69)..
5.substituted for Statute 10, by the Banaras Hindu University (Amendment) Act (34 of1969), Section 12 (5-9-1969).
6.Substituted for Statute 14, by the Banaras Hindu University (Amendment) Act (34 of1969), Section 12 (5-9-1969).
7.Words 'the Standing Committee of', omitted by the Banaras Hindu University (Amendment) Act (34 of 1969), Section 12(5-9-1969).
8.Words 'the Court or', omitted by the Banaras Hindu University (Amendment) Act (34 of1969), Section 12 (5-9-1969).
9.Original Cl. (xv) renumbered as (xxv) and Cls. (xv) to (xxiv) inserted before it, by the Banaras Hindu University (Amendment) Act (34 of 1969), Section 12(5-9-1969).
10.Omitted by the Banaras Hindu University (Amendment) Act (34 of 1969), Section 12(5-9-1969),
12.Substituted for Clauses (1) & (3) by the Banaras Hindu University (Amendment) Act (34 of 1969). Section 12 (5-9-1969).
13.Words 'the Standing Committee of omitted by the Banaras Hindu University (Amendment) Act (34 of 1969), Section 12(5-9-1969).