Banaras Hindu University Act, 1915

(1) This Act may be called the 1[Banaras] Hindu University Act, 1915. (2) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, direct. 1. Subs. by Act 55 of 1951, s. 2, for "Benares" (w.e.f. 3-11-1951). 2. 1st April, 1916, see Gazette of India, 1916, Pt. I. P. 352. 3. Subs. by Act 52 of 1966, s. 2, for section 2 (w.e.f. 31-12-1966). 4. Subs. by s. 3, ibid., for sub-section (1) (w.e.f. 31-12-1966). 5. Sub-section (3) omitted by s. 3, ibid. (w.e.f. 31-12-1966).

3[2. Definitions.- In this Act, unless the context otherwise requires,- (a) "Academic Council" means the Academic Council of the University. (b) "college" means a college or teaching institution (other than a secondary, primary or infant school or pathasala) maintained by, or admitted to the privileges of, the University; (c) "Court" means the University Court; (d) "Executive Council" means the University Executive Council; (e) "Faculty" means a Faculty of the University; (f) "Ordinances" means the Ordinances of the University for the time being in force; (g) "Regulations" means the Regulations of the University for the time being in force; (h) "Statutes" means the Statutes of the University for the time being in force; (i) "teacher" means a salaried professor, reader, lecturer or tutor who imparts instruction in a Faculty of, or in a college maintained by, the University and includes any other person who is declared to be a teacher by the Academic Council; (j) "University" means the Banaras Hindu University.]

4[(1) The Chancellor and the Vice-Chancellor and the members of the Court, the Executive Council and the Academic Council, for the time being shall be a body corporate by the name of the Banaras Hindu University.] (2) The University shall have perpetual succession and a common seal, and shall sue, and be sued, by the name first aforesaid. 5* * * * *

1[4. University open to all classes, castes and creeds.- The University shall be open to persons of either sex and of whatever race, creed, caste or class, and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be admitted therein, as a teacher or student, or to hold any office therein, or to graduate thereat, or to enjoy or exercise any privilege thereof, except in respect of any particular benefaction accepted by the University, where such test is made a condition thereof by any testamentary, or other instrument creating such benefaction: Provided that nothing in this section shall be deemed to prevent religious instruction being given in the manner prescribed by the Ordinances 2[to those who, or, in the case of minors, whose parents or guardians have given their consent thereto in writing].

(1) 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 3[of any college] and of any institution maintained by University, and also of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the University. (3) The Visitor shall in every case give notice to the University of his intention to cause an inspection or inquiry to be made, and the University shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry. (4) The Visitor may address the Vice-Chancellor with reference to the result of such inspection and inquiry, and the Vice-Chancellor shall communicate to the Executive Council the views of the Visitor with such advice as the Visitor may offer upon the action to be taken thereon. (5) The Executive Council shall communicate through the Vice-Chancellor to the Visitor such action, if any, as it is proposed to take or has been taken upon the result of such inspection or inquiry. (6) Where the Executive Council does not, within a reasonable time, take action to the satisfaction of the Visitor, the Visitor may, after considering any explanation furnished or representation made by the Executive Council, issue such directions as he may think fit and the Executive Council shall be bound to comply with such directions. (7) Without prejudice to the foregoing provisions of this section the Visitor may, by order in writing, annul any proceeding of the University which is not in conformity with this Act, the Statutes or the Ordinances: Provided that before making any such order, he shall call upon the University to show cause why such an order should not be made and if any cause is shown within a reasonable time, shall consider the same.] 1. Ins. by Act 52 of 1966, s. 5 (w.e.f. 31-12-1966). 2. The word "and" omitted by s. 5, ibid. (w.e.f. 31-12-1966). 3. Ins. by s. 6, ibid. (w.e.f. 31-12-1966).

1[6. Officers of the University.- The following shall be the officers of the University, namely:- (a) the Chancellor, (b) the Vice-Chancellor, (c) the Rector, (d) the Registrar, (e) the Finance Officer, (f) the Deans of Faculties, (g) the Dean of Students, (h) the Librarian, (i) the Chief Proctor, (j) such other persons in the service of the University as may be declared by the Statutes to be the officers of the University.

(1) 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.

Subject to the provisions of this Act, the powers and duties of 3[the other officers of the University] the term for which they shall hold office, and the filling up of casual vacancies in such offices, shall be provided for by the Statutes.

2[3[9. The Court.- The Court shall be an advisory body and its functions shall be- (a) to advise the Visitor in respect of any matter which may be referred to it for advice; (b) to advise any authority of the University in respect of any matter which may be referred to the Court by such authority; and (c) to perform such other duties and exercise such other powers as may be assigned to it by the Visitor or under this Act.]

(1) The Executive Council shall, subject to the control of the 4[Visitor] be the executive body of the University and shall have charge of the management and administration of the revenue and property of the University and the conduct of all administrative affairs of the University not otherwise provided for. (2) Subject to the provisions of this Act, the Executive Council shall exercise such other powers and perform such other duties as may be conferred or imposed on it by the Statutes or the Ordinances.]

(1) The 5[Academic Council] shall be the academic body of the University and, subject to the Act, the Statutes and 6[Ordinances] shall have 7*** charge of the organization of] 8[study and research] in the University and the Colleges, the courses of study and the examination 9*** of students and the conferment of ordinary and honorary degrees 10[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]. 11* * * * *

Omitted by the Banaras Hindu University (Amendment) Act (34 of 1969), s. 7 (w.e.f. 5-9-1969). 1. Clause (d) omitted by Act 34 of 1969, s. 4 (w.e.f. 5-9-1969). 2. Subs. by s. 5, ibid., for sections 9 and 9A (w.e.f. 5-9-1969). 3. Subs. by Act 52 of 1966, s. 10, for sections 9 and 10 (w.e.f. 31-12-1966). 4. Subs. by Act 34 of 1969, s. 6, for "Court" (w.e.f. 5-9-1969). 5. Subs. by Act 55 of 1951, s. 2, for "Senate" (w.e.f. 3-11-1951). 6. Subs. by s. 2, ibid., for "Regulations" (w.e.f. 3-11-1951). 7. The word "entire" omitted by s. 7, ibid. (w.e.f. 3-11-1951). 8. Subs. by Act 52 of 1966, s. 11, for "instruction" (w.e.f. 31-12-1966). 9. The words "and discipline" omitted by s. 11, ibid. (w.e.f. 31-12-1966). 10. Ins. by s. 11, ibid. (w.e.f. 31-12-1966). 11. Sub-section (2) omitted by Act 55 of 1951, s. 7 (w.e.f. 3-11-1951). 12. Subs. by Act 52 of 1966, s. 12, for section 12A (w.e.f. 31-12-1951).

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.]

The University shall invest, and keep invested, in securities in which trust funds may be invested, in accordance with the provisions of the law relating to trusts in 6[India], a sum of 7[forty-five lakhs of rupees] as a permanent endowment to meet the recurring charges of the University other than charges in respect of scholarships, prizes and rewards: Provided that- (1) any Government securities, as defined by the Indian Securities Act, 8[1920] which may be held by the University shall, for the purpose of this section, be reckoned at their face-value, and (2) 9[the aforesaid sum of forty-five lakhs shall be reduced by such sum as, at the commencement of the Banaras Hindu University (Amendment) Act, 1966 (52 of 1966)] the Central Government shall, by order 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 University 10[by any Ruler of any Indian State] and (b) of the total income accruing from immovable property which has been transferred to the University. 1. Subs. by Act 55 of 1951, s. 9, for sub-section (1) (w.e.f. 2. Subs. by Act 52 of 1966, s. 13, for "submitted to the Visitor" (w.e.f. 31-12-1966). 3. The words "to the Court and" omitted by Act 34 of 1969, s. 8 (w.e.f. 5-9-1969). 4. Ins. by Act 25 of 2008, s. 2 (w.e.f. 5-12-2008). 5. Ins. by s. 3, ibid. (w.e.f. 5-12-2008). 6. Subs. by Act 55 of 1951, s. 10, for "the States" (w.e.f. 3-11-1951). 7. Subs. by Act 52 of 1966, s. 14, for "fifty lakhs of rupees" (w.e.f. 31-12-1966). 8. Subs. by s. 14, ibid., for "1886" (w.e.f. 31-12-1966). 9. Subs. by s. 14, ibid., for "the aforesaid sum of fifty lakhs shall be reduced by such sum as, at the commencement of this Act" (w.e.f. 31-12-1966). 10. Subs. by s. 14, ibid., for "by any Indian Prince or Chief" (w.e.f. 31-12-1966).

(1) The Central Hindu College, 1[Banaras], shall, from such 2date 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. 4[(1A) The University may also found and maintain (within or beyond the aforementioned limits) special centers 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 5[Academic Council] and the sanction of the Visitor, and subject to the Statutes and 6[Ordinances] the University may admit colleges and 7[institutions including High Schools, within the aforementioned limits] to such privileges of the University, subject to such conditions, as it thinks fit. 4[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.]

The degrees, diplomas, certificates and other academic distinctions granted by the University, shall be recognized by 8[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 by 9[a Central Act].

1[17. Statutes.- (1) Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:- (a) the constitution of the Court and the constitution, powers and duties of the other authorities of the University other than the powers and duties provided for in this Act; (b) 2[the appointment by election, nomination or otherwise] of members of the authorities of the University, their continuance in office, the filling of vacancies of members thereof and all other matters relating to the authorities; (c) the appointment, powers and duties of the officers of the University; (d) the institution of degrees, diplomas, certificates and other academic distinctions; (e) the conferment of honorary degrees; (f) the holding of convocation to confer degrees; (g) the establishment, reconstitution, amalgamation, division or abolition of faculties, departments, hostels, colleges and institutions; (h) the withdrawal of degrees, diplomas, certificates and other academic distinctions; (i) conditions under which colleges and institutions including High Schools may be admitted to the privileges of the University and the withdrawal of such privileges; (j) the institution of fellowships, scholarships, studentships, medals and prizes; (k) the registration of graduates and the maintenance of a register of registered graduates; (l) the classification and the manner of appointment of teachers in the University and the colleges; (m) the constitution of a pension or provident fund and the establishment of an insurance scheme for the benefit of the officers, teachers and other employees of the University; (n) the meetings of the Court, the Executive Council, the Academic Council, 3*** the Finance Committee or the Faculties, the quorum at such meetings and the procedure to be followed in the conduct of their bus iness; (o) the discipline of students; (p) all other matters which are to be or may be provided for by the Statutes. (2) The Statutes in force at the commencement of the Banaras Hindu University (Amendment) Act, 1966 (52 of 1966), shall be those set out in the Schedule to this Act. 1[(3) The Executive Council may, from time to time, make new or additional statutes or may amend or repeal the Statutes.] 2[(4)] Every new Statute or addition to a Statute or any amendment or repeal of a Statute shall require the previous approval of the Visitor who may sanction or disallow it or remit it for further consideration.] 1. Subs. by Act 52 of 1966, s. 18, for section 17 (w.e.f. 31-12-1966). 2. Subs. by Act 34 of 1969, s. 9, for "the election and appointment" (w.e.f. 5-9-1969). 3. The words "the Standing Committee of the Academic Council" omitted by s. 9, ibid. (w.e.f. 5-9-1969).

3[18. Ordinances.- (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; 4[(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; 5[(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 6[employees] of the University; (l) the management of colleges and other institutions founded or maintained under sub-section (1) of section 15; 5[(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; 7*** 1[(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 (55 of 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: 2[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. 3[(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. Subs. by Act 34 of 1969, s. 9, for sub-sections (3), (4), (5) and (6) (w.e.f. 5-9-1969). 2. Sub-section (7) renumbered as sub-section (4) thereof by s. 9, ibid. (w.e.f. 5-9-1969). 3. Subs. by Act 55 of 1951, s. 14, for sections 18 and 19 (w.e.f. 3-11-1951). 4. Subs. by Act 52 of 1966, s. 19, for clause (c) (w.e.f. 31-12-1966). 5. Ins. by s. 19, ibid. (w.e.f. 31-12-1966). 6. Subs. by s. 19, ibid., for "teachers" (w.e.f. 31-12-1966). 7. The word "and" omitted by s. 19, ibid. (w.e.f. 31-12-1966).

(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: 1[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 2[Visitor] whose decision thereon shall be final.] 3[(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.] 1. Ins. by Act 52 of 1966, s. 19 (w.e.f. 31-12-1966). 2. Subs. by s. 19, ibid., for the proviso (w.e.f. 31-12-1966). 3. Subs. by Act 34 of 1969, s. 10, for sub-sections (5), (6), (7) and (8) (w.e.f. 5-9-1969).

(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 1. Added by Act 52 of 1966, s. 20, (w.e.f. 31-12-1966). Earlier it was omitted by Act 34 of 1958, s. 6. 2. Subs. by Act 34 of 1969, s. 6, for "Court" (w.e.f. 5-9-1969). 3. Ins. by Act 4 of 2005, s. 2 and the Schedule (w.e.f. 11-1-2005). 4. Subs. by Act 52 of 1966, s. 21, for section 19A (w.e.f. 31-12-1966).

The Schedule.- For The Statutes of The University See University Calendar.