BANARAS HINDU UNIVERSITY ACT, 1915
( 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;
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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 writ
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<
(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
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) 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).
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(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
(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
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 (Amendm
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),
(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
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).
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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.
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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 c
(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
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.
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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).
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(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 an
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.
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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.
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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 degre
(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)
(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
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.]
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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,
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
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.
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