 the banaras hindu university (amendment) bill, 1958(as introduced in lok sabra)  bill,1958 (as introduced in lok sabha) a billjurther '0 ame71d the banaras hindu univerrity act, 1915 bl it enactpd by parliament in the ninth year of the republic o[ india as follows:-1 this act may be called the banaru hindu university (amend- short ment) act, 1958 title of i9is 5 2 for section 9 oi the banaras hindu university act, 1915 (here- substituinafter referred to as the principal act), the following section shall tion of b b· ted i new sece su stltu ,name y:-tion for section 9 "9 the court shall be an advisory body and its functions the court shall be-10 (a) to advise the vis~tor 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!' 3 after section 12 of the principal act, the following section shall be inserted, namely:-"12a no act or proceeding of any authority or body of the university shall be invalid by reason only of the existence of any vacancy nmong its members or any defect in the constitu- 5 tion thereof" insertion of new section 12a proceedings of university authorities or bodies not to be invalidated by vacanciies, etc amendment of section 17 amendment of section 18 4 in section 17 of the principal act, for sub-sections (3), (4), (5), (6) and (7), the following sub-section shall be substituted, namely:--ly:-, (3) the executive council may, from time to time, nmke 10 new or additional statutes or may amend or repeal the statutes; but every new statute or addition to the statutes or any amendment or repeal of a statute shall require the previous approval of the visitor who may sanction, disallow or remit it for further consideration" is 5 in section 18 of the principal act, for sub-sections (5), (6), (7) and (8), the following sub-sections shall be substituted, namely:-"(5) where the executive council has rejected the draft of an ordinance proposed by the academic council, the amdemic council may appeal to the visitor who may pass such 20 order thereon as he thinks fit (6) all ordinances made by the executive council shall b~ 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 25 (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 bub-section shall cease to have effect on the expiration of one month from the date of such order" 30 6 in section 19 of the principal act, the proviso to sub-section (3) shall be omitted amendment of section 19 amendment of statutes 7 the statutes of the university shall be amended as follows:-(i) in clause (2) of statute 4 and clauses (2) and (3) of statute 6, the words "at the next annual meeting of the court" 35 shall be omitted; (ii) in statute 12,-(4) clause (2) shall be omitted; (b) in clause (5) (a), the words "and the court" shall be omitted; (iii) for statute 14, the following statute shall be substituted, namely:-"14· (1) the court shall consist of the following mem- tche ourt bers, namely:-(a) the chancellor, ex officio, (b) the members of the executive council, ex officio, (c) two representatives of the department:;; and colleges of the university, nominated by the visitor, (d) two representatives of the teachers of the university other than professors, nominated by the visitor, (e) five representatives of the old students of the university, nominated by the visitor, (f) three representatives of parliament, two to be nominated by the speaker of the house of the people from among the members thereof and one to be nominated by the chairman of the council of states from among the members thereof, (g) twenty-nine persons nominated by the visitor from among persons who have special knowledge or practical experience in education or have rendered eminent services in the cause of education or are men of standing in public life (2) seventeen members of the court shall form a quorum"; (iv) statute 16 shall be omitted; (v) for statute 17, the following statute shall be substituted, namely:-"17 (i) the executive council shall consist of the fol- the --lowing members namely: _ executive , council (a) the vice-chancellor, ex officio, (b) seven persons nominated by the visitor, (c) one person no'l1in'dted by the chief rector (2) five members of the executive council shall form a quorum"; (vi) in statute 18,-(a) in clause (1), the words "subject to the control of the court," and the words "not otherwise provided for" shall be omitted; (b) in clause (2), (viii), the words "otherwise than by an act of the court" shall be omitted; (vii) in statute 20, in item (i), the words "the court or" shall be omitted; (viii) in statute 28, for the words "the court, the executive council", the words "the executive council" shall be '3ubs-~~; (ix) for statute 29, the following statute shall be 'substituted, namely:-selection committee "29 (1) there shall be a selection committee for making recommendations to the executiw council in respect of appointments to the posts of professor, reader, 10 lecturer and registrar, and the selection committee shall consist of such number of persons as the executive council may appoint (2) the procedure to be followed by the selection committee in making recommendations shall be determined is by the executiw council 20 (3) if the executive council is unable to accept any recommendations made by the committee, it shall record its reasons and submit the case to the visitor for final orcrers" ; (x) for statute 30, the following statute shall be substituted, namely:-"30 (1) there shall be a screening committee consisting of the following persons, namely:-screening committee (a) a person who is or has been a judge of a high 2s court, nomina~ by the central government, who shall be the chairman of the committee, (b) two persons nominated by the central government from among persons who have had administrative or other experience in educational matters 30 (2) the meetings of the committee shall be convened by such person as may be appointed for this purpose by the chairman (3) it shall be the duty of the scn!ening committee to examine the cases of all persons who on the 14th day of 3s june, 1958, were holding teaching, administrative or other posts in the university in respect of whom there is reason to believe that their continuance in office would be detrimental to the interests of the university, and to forward its n!commendations to the executive council; and the executive council shall take such action thereon as it 5 may think fit: provided that before taking any such action against the person concerned, the executive council shall give him a reasonable opportunity of being heard"; 10 (xi) in statute 35, for the words "the annual meeting", the word "meetings" shall be substituted; (xii) in statute 36, for the words "an annual meeting", the words "a meeting" shall be substituted, and the words "or as a member of the court or of the executive council" shall be omitted; 15 (xiii) statute 42 shall be omitted 8 (1) every person holding office as a member of the court or ttrans1·ilona the executive council, as the case may be, immediately before the provi-14th day of june, 1958, shall on and from the said date cease to hold sion office as such: 20 provided that where any such person held immediately before such date any other office in the university, nothing contained in this sub-section shall be construed to affect his continuance in such other office (2) until the court or the executive council is constituted in 25 accordance with the provisions of clause (iii) or clause (v), as the case may be, of section 7, the visitor may, by general or special order, direct any officer of the university to exercise the powers and discharge the duties conferred or imposed by or under the principal act, as amended by this act, on the court or the executive council 30 as the case may be ' 19s' 9 (1) the banaras hindu university (amendment) ordinance, 1958, is hereby repealed (2) notwithstanding such repeal, anything done or any action repeal taken under the said ordinance shall be deemed to have been done an~ 35 or taken under this act, as if this act had commenced on the 14th savmg day of june, 1958  statement of objects and reasonson receipt of reports indicating a serious stare of a1fairs prevailing at the banaras hindu university the president, as the visitor of the university, appointed in july, 1957, a committee to enquire into the state of affairs at the university the committ~ commenced its sittings on the 31st july, 1957, and submitted its report in april, 1958 the report revealed certain disquieting features and unhealthy influences which had been undermining the discipline of the university according to the committee, the personnel of the executive council itself had been, to a large extent, responsible for the prevailing state of affairs in the university after giving very careful consideration to the obs'ervations and recommendations made by the committee, the government of india came to the conclusion that it was necessary to reconstiture the executive council and the court so as to put an end to existing malpractices and improve the day-to-day working and administration of the university, and that these measures should be undertaken immediately in view of the reopening of the university in july, 1958 as parliament was not in session at that time, the president promulgated the banaras hindu university (amendment) ordinance, 1958, on the 14th june, 1958 the present bill seeks in the main to replace the ordinance by an act of parliament the main features of the bill are:-(a) the reconstitution of the court of the university as an advisory body, and reduction in the number of its membership; (b) the reconstitution of the executive council as a compact body; (c) the provision for a selection commitree for making recommendations to the executive council in respect of appointments to the posts of professor, reader, lecturer and registrar in the university; (d) the provision for a screening committee to examine the cas'es of all persons who, on the 14th june, 1958, were holding teaching, administrative or other posts in the university in respect of whom there is reason to believe that their continuance in office would be detrimental to the interests of the university new delhij k l shrimali the 7th august, 1958 ; ~ act, 1915 (16 of 1915)  - - 9 (1) the court shall be the supreme governing body of un i- the court versity and shall have power to review the acts of the executive council, the academic council and the standing committee of the academic council (save when these authorities have acted in accordance with powers conferred on them under this act, the statutes or the ordinances), and shall exercise all the powers of the university not otherwise provided for by this act or the statutes - oil  - 17 (1) subject to the provisions of this act, the statutes may statu •• provide for all or any of the following matters, namely:-(a) the constitution, powers and duties of the court, the executive council, the academic council, the standing committee of the academic council, the finance committee and such other bodies, as may be deemed necessary to constitute from time to time; (b) the election and continuance in office of the members of the said bodies, including the continuance in office of the first members, and the filling of vacancies of members, and all other matters relative to those bodies for which it may be necessary or desirable to provide; (c) the appointment, powers and duties of the officers of the university; (d) the constitution of a pension or provident fund and the establislunent of an insurance scheme for the benefit of the officers, teachers and other employees of the university; (e) the confennent of honorary degrees; (f) the withdrawal of degrees, diplomas, certificajes and other academic distinctions; (g) the establislunent and abolition of faculties, departments, halls, colleges and institutions; (h) the conditions under which colleges and other institutions may be admitted to the privileges of the university and the withdrawal of such privileges; •• 1 ls-2 (i) the institution of fellowships, scholarships, studentships, exhibitions, medals and prizes; and (;) all other matters which by this act are to be or may be provided by the statutes (z) the first statutes shall be those set out in schedule i (3) the court may, from time to time, make new or additional statutes or may amend or repeal the statutes in the manner hereinafter in this section provided (4) the executive council may propose to the court the draft of any statute to be passed by the court, and such draft shall be considered by the court at its next meeting (5) the court may approve any such draft as is referred to in sub-section (4) and pass the statute or reject it or return it to the executive council for reconsideration, either in whole or in part, together with any amendments which the court may suggest: provided ·that the executive council shall not propose the draft of any statute or of any amendment of a statute affecting the status, powers or constitution of any existing authority of the university until such authority has been given an opportunity of expressing an opinion upon the proposal, and any opinion so expressed shall be in writing and shall btl! considered by the court (6) any member of the court may propose to the court the draft of any statute and the court may either reject the proposal or refer such draft for consideration to the executive council, which may either reject the proposal or submit the draft to the court in such form as the executive council may approve, and the provisions of this section shall apply in the case of any draft so submitted as they apply in the case of a draft proposed to the court by the executive council (7) every new statute or addition to the statutes or any amendment or repeal of a statute shall require the previous approval of the visitor who may sanction, disallow or remit it for further consideration; , ordinances 18 (1) subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matter!'!, namely: ---l (a) the admission of students to the university and their enrolment as such; , (b) the courses of study to he laid down for all degrees, diplomas and certificates of the university; (c) the degrees, diplomas, certificates and other academic distinctions to be awarded by the university, the qualifications for the same, and the means to be taken relating to the granting and obtaining the same; (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 tenns of offtce and manner of appointment and the duties or examining bodies, examiners and moderators; (9) 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 teachers of the university; (l) the management of colleges and other institutions founded or maintained under sub-section (1) of section 15; (m) the supervision and inspection of colleges and other institutions admitted to privileges of the university under subsection (2) of section 15; and (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 benares hindu university (amend-55 of 1951 ment) , 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 : provided that-(i) no ordinance shall be made affecting the conditions of residence or discipline of students, ex cept after consultation with the academic council; (ii) no ordinance shall be made-(a) affecting the admission or enrolment of student or prescribing examinations to be recognised as equivalent to the university examinations, or (b) affecting the conditions, mode of appointment or duties of ~xaminers or the conduct or standard of examinations or 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~ection (3) but may reject the proposal or return the draft to the academic council for reconsideration, either in whole or in part, together with any amendments which the executive council may suggest (5) where the executive council has rejected the draft of an ordinance proposed by the academic council, the academic council may appeal to the central government and the central government may, by order, direct that the proposed ordinance shall be laid before the next meeting of the court for its approval and that pending such approval it shall have effect from such date as may be specified in the order: provided that if the ordinance is not approved by the court at such meeting, it shall cease to have effect (6) all ordinances made by the executive council shall be submitted, as soon as may be, to the visitor and the court, and shall be considered by the court at its next meeting and the court shall have power, by a resolution passed by a majority of not less than two-thirds of the members voting, to cancel any ordinance made by the executive council, and such ordinance shall from the date of such resolution cease to have effect (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 or on the expiration of fifteen days from the date of consideration of the ordinance by the court, whichever period expires later (8) the visitor may, at any time after an ordinance has been considered by the court, signify to the executive council his disall()wance of suah ordinance, and from the date of receipt by the executive council of intimatioj} ~f ~hgq qis~llowance, such ordinance shall cease to have effect     19 (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: provided that any authority of the university which is dissatisfied with any such direction may appeal to the court, whose decision in the matter shall be final      the statutesa~ adapted and modified by tjhe central government, in exercise of the powers conferred by section 15 of the banaras hindu university (amendment!) act, 1951 (lv of 1951) (vide page 434 of the gazette of india, november 3, 1951, part i-section 1, notified by the ministry of education, new delhi, no f27-15151 g3 dated the 3rd november 1951) and further amended by notification no f 27-15151 g3 dated the 15th november, 1951, of the ministry of education, government of india, new delhi  i for the words mentioned j, column i below wherever they occur, the words ahown 8iainst each in column 2 below shail be substituted :-benares banaras council executive council senate academic council syndicate standing committee of the academic council regulation ord!nance regulations  ordmances rule  rogulati~:m rules  regulations and still further amended by notification no f27-15151-g3 dated the 28th january, 1952, of the ministry of education, government of india, new delhi (vide pages 131 to 136 of gazette of india-extraordinary part i section 1) and still further amended by the government of india, ministry of education letter no f-19fi53-h-1, da~ed 11th november, 1953, letter no f19! 14! 55-a 1 dated the 24th november 1955, letter no f1916154-a1 daled the 25thi26th november 1955, letter no 19-9155-a1 dated the 29th march, 1956, letter no f-19-18156-a1 dated 16th july, 1956; ltoter no f-19-6153-a1 dated 8th december 1956; and letter no f:19-20157-u5 dated 27th aug 1957 and 18th sept 1957 note-[the adaptations and modifications and amendments are within square brackets] definitions 1 (1) in these statutes-"the act" means the [banaras] hindu university act, 1915 (2) all words and expressions used herein and defined in the act shall be deemed to have the meanings respectively attributed to them by the act 2 [omitted] rectors [3 the visitor may, on his own motion, or on the recommendation of the court, appoint such persons, as he may think fit, to be the rectors of the university] officers of [3a the following persons in the service of the university are the ljniver- hereby declared to be offieers of the university, namely:-siry (1) librarian (2) provost (3) chief proctor (1) the librarian shall be appointed by the executive and shall be a wholetime officer of the university appoint-[3b menf of li- council brarlldl provost and chief proctor (2) [omitted] (3) the provost [and the chief proctor] shall be app~inted by the executive council on the recommendation of the vlce-~han­cellor and shall exercise such powers and perform such duties as may be assigned to them by the vice-chancellor [each of them] shall hold office for a term of two years - [provided that, no person below the rank of a professor in the university shall be appointed provost] 4 [(1) the chancellor shall be elected by the court] the chancellor (2) the chancellor shall hold office for a period of three years:  [provided that, notwithstanding the expiry of the said period of three years, he shall continue to hold office until the election of his successor at the next annual meeting of the court] (3) in the case of a casual vacancy in the office of the chancellor, the pro chancellor shall exercise the functions of the chancellor until a new chancellor is elected r 5 (1) the chancellor shall, by virtue of his office, be the head powers of of the university chancellor (2) the chancellor shall, if present, preside at the convocation of the university for conferring degrees, and at all [] meetings of the court (3) [omitted] 6 (1) [the pro-chancellor shall be elected by the court] the pro-chance-(2) [the pro-chancellor shall hold office for a period of three lior years; provided that, notwithstanding the expiry of the said period of three years, he shall continue to hold office until the election of his successor at the next annual meeting of the court] (3) [a casual vacancy in the office of the pro-chancellor shall be filled by the chancellor on the recommendation of the executive council the person so appointed shall hold office until the election of his successor at the next annual meeting of the court] 7 [in the absence of the chancellor, the pro-chancellor, if powers of present, shall preside at a meeting of the court] ~~~jjot 8 (1) "the vice-chancellor shall be appointed by the visitor from among [a panel of at least three persons]  recommended by the executive council provided that, if the visitor does not approve of anyone of the person so recommended, he may call for fresh recommendations from the executive council" "-  (2) [the vice-chancel)or shall be a whole-time oftlcer of the university] (3) [the vice--chancedor shall hold office for a term of six years and shall not be eligible for reappointment: provided that notwiths tanding the expiry of the said period of six years he shall continue in office until his successor is appointed and enters upon his o~;! provided further that the visitor may direct that a vice-chancellor, whose term of office has expired, shall continue in office for such period not exceeding one year, as may be specified in the direction]  (4) [the emoluments and other terms and conditions of service of the vice--chancellor sl11111 be prescribed by the ordinances] (5) [in the case of a casual vacancy in the office of the vice-chancellor, the pro-vicechancellor shall, until the appointment of a new vice-chancellor, perform the functions of the vice--chancellor: provided that if the pro-vice-chancellor is not able to act, the registrar shall carry on the current duties of the vice-chancellor and take action under item (g) of clause (3) of statute 13] 9 ,(1) [the vice-chadicellor shall be the principal executive and academic officer of the university] and shall take rank in the university next to the pro-chancellor he shall be the ex-officio chairman of the [executive council, the academic council, the standing committee of the academic council, and the finance committee,] and shall, in the absence of the chancellor and the pro-chancellor preside at the convocation to confer degrees in the absence of the chancellor and the pro-chancellor, he shall also preside at the meetings of the court [he shall be entitled to be present at and to addre6s any meeting of any authority or other body of the university but shall not be entitled to vote thereat unless he is a member of such authority or body] (2) [it shall be the duty of the viqe--chancellor to see that the act, the statutes, the ordinances, and the regulations are faithfully observed he shall have all powers necessary for the purpose] (3) [the vice-chancellor shall have power to convene meetings of the court, the executive council, the academic council, and the standini committee of the academic council, and may do all such acts as may be necessary to carry out or furthl!!r the provi sions of the act, the statutes and the ordinances] (4) [if, in the opinion of the vice-chancellor, any emergency has arisen which requires that immediate action should be ~en, the v ice-chancellor shall take such action as he deems necessary, and shall report the same for confirmation 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 shall be final: provided further that, where any such action taken by vice-chancellor affects any persons 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] l····t (5) [the vice-chancellor shall exercise general control over the affairs of the university and shall give effect to the deciliiona of the authorities of the university] 10 (1) [the pro-vice-chancellor shall be appointed by the pre vlcc executive council on the recommendation of the vice-chancellor chaoceuor and on such terms as may be laid down in the ordinances provided that where the recommendation of the vice-chancellor is not accepted by the executive council, the matter shall be referred to the visitor who may either appoint the person recommended by the vice-chancellor or asked the vice-chancellor to recommend another name to the executive council] (2) [the term of office of the pro-vice-chancellor shall ordinarily be coterminous with the term of office of the vice-chancellor: provided that, notwithstanding the expiry of the term of his office, the pro-vice-chancellor shall continue in office until his successor is appointed and enters upon his office] (3) [on the expiry of the term of his office, the pro-vice-chancellor shall be eligible for re-appointment] 11 (1) [the pro-vice-chancellor shall assist vice-chancellor in p' """4ji  t all matters, administrative and academic, and, in the absence of the th~pto-~cit vice-chancellor, shall have and exercise all the functions and chancellor powers of the vice-chancellor] 681 ls--3 (2) [the pro-vice-chancellor shall be entitled to be present at and to address any meeting of any authority or other body of the university but shall not be entitled to vote thereot unless he is a member of such authority or body] the tree-iuter [12 (1) the treasurer shall be elected by the court from among a panel of three persons nominated by the executive council, and the election shall be subject to the approval of the visitor he shall hold office for a term of five years] (2) [he shall be an ex-otjicio member of the court and the executive council] (3) [a casual vacancy in the office of the treasurer shall be filled by the executive council the person appointed to fill such vacancy shall hold office until the election of his successor at the next annual meeting of the court] (4) the treasurer shall exercise general supervision over the funds of the university and shall advise it as regards its financial policy (5) [the treasurer shall-(a) subject to the control of the ex~utive council, manage the property and investments of the university, and be responsible for the preparation of the annual estimates and statements of accounts and for their presentation to the executive council 'and the court; (b) subject to the powers of the executive council; be responsible for seeing that all monies are expended on the purpose for whi,ch they are granted or allotted; (c) sign all contracts made on behalf of the univers'ty; (d) cojlvene meetings of the finance committee, and (e) exercise such other powers as may be prescribed by the statutes and the ordinances] (6) [the receipt of the treasurer or of the person or persons duly authorised in this behalf by the executive council for any money payable to the university shall be sufficient discharge for the same) the~ ~nil' •  [13 (1) the registrar shallbe appointed by the executive coun- cil and shall be a whole-time officer of the university the terms and conditions of service of the registrar shall be such as may be prescribed by the ordinances [(2) the registrar shall be ex-officio secretary of the court, the executive cou,ncil, the academic council, the standing committee of the ~~cademic council, the finance committee and the faculties, but shah not be deemed to be a member of any of these authorities] (3) it shall be the duty of the registrar:-(a) to be the custodian of the records, common seal and such other property of the university as the [executive council] shall commit to his charge; (b) [to issue all notices convening meetings of the court, the executive council, the academic council, the standing committee of the academic council, the finance committee, the faculties, the boards of studies, the boards of examiners, and of any committees appointed by the authorities of the university;] (c) [to keep the minutes of all meetings of the court, the executive council, the academic council, the standing committee of the academic council, the finance committee, the faculties, and any committees appointed by the authorities of the university;] (d) to conduct the official correspondence of the [court, the executive council, the academic council and the standing committee of the academic council]; (e) to arrange for, and superintend the examinations of the university; (f) [to supply to the visitor copies of the agendas of the meetings of the authorities of the university as soon as they are issued and the minutes of the meetings of the authorities ordinarily within a month of the holding of the meetings;] (g) [in an emergency, when neither the vice-chancellor nor the pro-vice-chancellor is able to act, to call a meeting of the executive council forthwith and to take its directions for the carrying on of th~ work of the university;] and (h) to perform such other [duties] as may, from time to time, be [assigned to him by the executive council] 14 (1) [the court shall consist of the following members,1'h:court namely:-ex-officio members: (i) chancellor, (ii) pro-chancellor or pro-chancellors (so long as there are more than one pro-chancellor) i (iii) vice-chancellor, (iv) pro-vice-chancellor, (v) treasurer, (vi) all ex-vice-chancellors, (vi-a) librarian, (vii) provost, and (viii) chief proctor rep,-e,entatives of departments and colleges: (ix) heads of teaching departments; (x) principals of colleges; and (xi) professors who are not heads of teaching departments r~re,entatjive$ of university teachers other than professors: (xii) (a) two readers, by rotation according to seniority, who shall be members for a term of three years, (b) three lecturers, by rotation according to seniority, who shall be members for a term of three years  representatives of ex-students:(xiii) fifteen representatives to be elected by the alumni (old students) association, established in accordance with statute 29 a donor,: (xiv) (a) every person making to the university a donation of one lakh of rupees or upwards, or transferring property of the like value; (b) representatives of persons m' :~ing to the univ~r­sty a donation of rs 25,000/- or upwards (excluding persons who have donated rs 1 lakh or more) elected from among themselves there shall be one representative for every ten such persons, subjct to a maximum of two representatives: provided that donors of rs 25,000/- or upwards who are registered as 8u<:h on the date of the commencement of the banaras hindu university (amendment) act, 1951 shall continue to be members of the court for the unexpired portion of their present term; (c) represcltatives of persons making to the universitv a donation of rs 10,000/- or upward~ (excluding those who have donated rs 25,000/- or more) elected from among themselves there shall be one representative for every twenty such persons subject to a maximum of three representatives: provided that donors of rs 10,000 or upwards who are registered as such on the date of the commencement of the banaras hindu university (amendment) act, 1951, shall continue to be members of the court for the unexpired portion of their present term; and (d) representatives of persons making to the university a donation of rs 1,000/- or upwards (excluding persons who have donated rs 10,000/- or more) elected from among themselves there shall be one representative for every fifty such donors subject to a maximum of ten representatives: provided that all persons who before the date of the commencement of the banaras hindu university (amendment) act, 1951, have made a donation of rs 500/- or upwards (excluding persons who have'donated rs 10,000/- or more) shall also be entitled to participate in the election of the representatives under this sub-item gxpzanation 1: every donor who makes to the university an annual grant of money, the payment of which is secured by mortgage of immovable property or in such other manner as the executive council may approve shall, subject to the provisions of explanation 3, have the same rights as to membership of and representation on the court as if he had been a donor of such sum as representc; the capital value of such annual grant ascertained at the rate of interest of 3t per cent: provided that, in the case of a body corporate, the executive council may dispense with any such security explanation 2: the amounts of donations specified in sub-items (a), (b), (c) and (d) may, for the purpose of qualifying the donors within these provisions, be made up partly of money or of capitalised grants as provided in explanation 1, or of property, or partly of any two or more of these explanation 3: when an annual grant is not fully paid up or fall; in arrf'ars the donor shall not be entitled to exercise any of th2 privileges conferred on him by any of the foregoing provisions of this statute, unless and until the said arrears are paid up explanation 4: where the donors of a sum are more persons than one who constitute a joint hindu family or a partnership firm, or a company or corporation, the reg~trar shall call upon such donors to elect, within a time to be fixed by him, one of their memher~ to represent and act for them in voting at the election if such donors fail to elect and notify the name and address of th  person so elected by them within the time specified in the notice or within such further period of time as may be allowed by the registrar, or are unable to agree as to the person who sh(ll1ld represent them for the purpose of voting at the election, the rgistrar shall lay the matter for orders before the vice-chlmcd· lor, who may nominate anyone of their number to repre~enr them at the election for the purpose of voting the orders 01 the vice-chancellor in this regard shall be final the namf' of the person so elected or nominated to represent such donors shall be entered in the column of remarks against the names of such qonors, and for the purposes of serving all notices of elections, of making nominations of persons to be elected and for voting at the election, the person so noted as the representative of such donors shall be deemed to be the person entitled to act as one of the electors explanation 5: where the donor is a minor, or a person suffering trom a disability, or a ward of the court, the legal guardian of such person shall be entitled to act for him at the election as a voter so long as the minority or disability continues or so long as he is a ward of a court where the same person is not the legal guardian of the person and property of a minor the legal guar· dian of the property shall be deemed to be the legal guardian persons representing learned professions, industry and commerce: (xv) ten persons representing th~ learned professions, to be elected by the court, of whom at least five shall be persons residing outside the state of uttar pradesh; and (xvi) five persons representing industry and commerce to be elected by the court; representatives of parliament (xvii) three representatives of parliam~nt, two to be elected by the house of the people in such manner as the hon'ble the speaker may direct and one to be elected by the council of states, in such mannpt m the chairman of the council may direct: provided that until both houses of parliament are constitut· ed, the three members may be elected by the provisional parliament  represematives of hindu, buddhist, sikh and jain culture and learning(xviii) (a) five persons representing hindu culture and learning to be elected by the court (b) three persons, one each to represent the buddhist, sikh and jain culture and learning respectively, to be elected by the court  nominated members(xix) (a) not more than five persons to be nominated by the visitor; (b) not more than two persons to be nominated by the chief reactor; and (c) not more than three persons to be nominated by the chancellor: provided that in making nominations under sub-items (a) and (c) due regard shall be had to the representation of the different areas of the country in view of the all-india character of the university: provided further that no employee of the university shall be eligible to be a member under any of the items (xiii), (xiv) (xv), (xvi) (xvii), (xviii) or (xix)j [(2) if any body of the persons entitled to elect a member fails to do so within the time prescribed by the court, the court may appoint as member any person whom that body of persons could have elected as a member: provided that, in the case of the first elections to the court, the powers conferred upon the court ly this clause shall be exercisable by the executive council] [(3) save as otherwise expressly provided, a member of the court shall hold office for a period of five years: [ (·n the method of election of members shall be as laid down in the ordinances] [(5) the proceedings of the first meeting of the court, including any adjourned meeting thereof, after the commencement of the banaras hindu university (amendment) act, 1951, shall be valid notwithstanding the existence of vacancies under items (xiii) to (xix), inclusive, of clause (1) of this statute] 15 [omitted] 16 (1) [omitted] (2) an annual meeting of the court shall be held [on a date to be fixed by the executive council unless some other date has been fixed by the court in respect of any year] at such [annual] meeting, a report of the proceedings of the [executive] council and [a report of working] of the university {during the previous year] together with a statement of the receipts and expenditure and the balance-sheet as audited, [and the financial estimates] shall be presented by the [executive] council to such meeting, and any vacancies among the officers of the university or among the members of the court or [executive] council which ought to be filled up by the court shall be [so] filled up (3) a copy of the statement of receipts and expenditure and of the balance-sheet [and the financial estimates] ri!ferred to in clause (2) shall be sent to every member of the court at least seven days before the date of the annual meeting, and shall be open to the inspection of all members of the court and academic council at the office of the university during the year following such annual meeting, at such reasonable hours and under such conditions as the executive council may determine (4) [twenty-five] members of the court shall ferm a quorum (5) [special meetings of the court may be convened by the executive council or the vice-chancellor or, if there is no vicc-chancellor, by the pro vice-chancellor, or, if there is no pro-vice-chancellor, by the registrar: provided that a special meeting of the court shall also be called if one-third of the members of the court or fifty members, whichever number is less, make a requisition in writing in this behalf] the execu-17 [(1) the executive council shall consist or the following ,ive coun:il members, namely:-(i) vice-chancellor; (ii) pro-vice-chancellor; (iii) treasurer; (iv) two deans, by rotation according to seniority; (v) principals of four colleges, other than the principlas of women's colleges, to be members in rotation for a term of three yean; (vi) principal of the women's college but if there are more than one such college, the principal of one such college in rotation according to seniority; (vii) provost; (viii) chief proctor; - (ix) five persons, none of whom shall be an employee of the university, elected by the court from among its members, of whom at least three shall be persons residing outside the state of uttar pradesh; (x) two persons nominated by the visitor; (xi) one person nominated by the chief rector; and (xii) one person nominated by the chancellor (2) members of the executive council referred to in items (v), (vi) and (ix) to (xii) shall hold office for a term of three years (3) [seven members of the quorum] executive council shall form a 18 (1) the [executive] council shall, subject to the control of powers of the court, have the management and administration of the whole ~rv~) ~:~ii 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 the act, the statutes and [the ordinances,] the [executive] council shall, in addition to all other powers vested in it, have the following powers namely: (i) to appoint, from time to time, [the registrar], [librarian,] principals of colleges [and institutions established by the university], and such professors, readers, lecturers and other members of the teaching staff, as may be necessary, on the recommendation of [selection committees] constituted for the purpose: [provided that no action shall be taken by the executive council in respect of the number, qualifications, and the emoluments of teachers otherwise than after consideration of the recommendations of thf' academic council;] [(ii) to appoint members of the administrative staff or to delegate the power of appointment to such authority or authorities, or officers as the executive council may, from time to time, by resolution, either generally or specially direct;] 681 ls-4 l (ii-a) to grant leave of absence to any officer of the university, other than the chancellor, the pro chancellor and the vice-chancellor, and to make the necessary arrangements tor the discharge of functions of such officer during his absence;] (iii) to manage and regulate the finances, accounts, investments, property, busines, and all other administrative affairs of the university and, for that purpose, to appoint such agents as it may think fit (iv) to invest any money belonging to the university, including any unapplied income, in such stocks, funds, shares or securities, as it shall, from time to time, think fit, or in the purchase of immovable property in india, with the like power of varying such investment from time to time (v) to transfer or accept transfers of any movable or immovable property on behalf of the university (vi) to provide the buildings, premises, furniture, apparatus, and other means needed for carrying on the work of the university (vii) to enter into, vary, carry out, and cancel contracts on behalf of the university (viii) to entertain, adjudicate upon, and, if thought fit, to redress any grievances of the officers of the university, the teaching staft', [] and the university's servants, who may, for any reason, feel aggrieved, otherwise than by an act of the court; [(lx) to appoint examiners and moderators and, if necessary, to remove them, and to fix their fees, emoluments and travellipg and other allowances ~fter considering the recommendations of the standing committee of the academic council and the recommendations, if any, of the academic council] (x) to maintain a register of donors to the university (xi) to select a common seal for the university, and provide for the custody and use of the seal; [(xii) to make such special arrangements as may be necessary for the residence and discipline of women students, after consulting the advisory board of women's education, the establishment and functions of which are to be prescribed by the ordinances;] and (xiii) "to exercise such other powers and perform such othet duties as may be conferred or imposed on it by this act, [x] the statutes  [and the ordinances]"  18a [omitted]19 (1) the [academic council] shall consist of the following academic councl [members,] namely:-[(i) vice-chancellor; (ii) pro vice-chancellor; (iii) deans of facilities; (iv) heads of teaching departments; (v) not more than four professors who are not heads of teaching departments, to be members in rotation; ( vi) principals of colleges; (vii) provost; (viii) chief proctor; (ix) librarian; "(x) "'four teachers of the university elected frotn among themselves by the teachers other than those falling under [(iii) to (viii) "] provided that at least one such teacher shall be a reader and one a lecturer (xi) six persons, not being employees of the university, co-opted by the academic council for their special knowledge] (2) [all members of the academic council, other than et-officio members, shall hold office for a term of three years: provided that a member elected or co-opted in his capacity as a member of a particular body or as the holder of a particular post shall hold office so long only as he continues to be a member of that body or the holder of that post] (3) [twenty members of the academic council shall form a quorum] 20 [iii] subject to the act, the statutes and [the ordinances, the powers of academic council] shall, in addition to all other powers vested in jt~ th~ acade- have the following powers, namely:-mlc council (i) to report on any matter referred to or delegated to [it] by the court or the [executive] council [(ii) to make recommendations to the executive council with regard to:-(a) the creation of teaching posts in the university and the colleges and the abolition thereof; and (b) the classification of the posts referred to in sub-item (a) and the emoluments and the duties attaching thereto;] (iii) to formulate and modify or revise schemes for the organisation of faculties, and to assign to such faculties their respective subjects and also to report to the [executive] council as to the expediency of the abolition or sub-division of any faculty or the combination of one faculty with another; (iv) to promote research within the university and to require, from time to time, reports on such researca; [(v) to consider proposals submitted by the faculties;] [(vi) to recognise diplomas and degrees of other universities and institutions and to determine their equivalence with the diplomas and degrees of the banaras hindu university;] [(vii) to make special arrangements, if any, for the teaching of women students and for prescribing for them special  courses of study, after consulting the advisory board of women's education;] [(viii) to make such arrangements for the instruction and examination of persons, not being members of the university, as may be necessary; and] [(ix) to perform in relation to academic matters, all such duties and to do all such acts as may be necessary for the proper carrying out of the provisions of the act, the statutes, and the ordinances] honorary 20 (a) [(i) the degree of doctor of letters (dlitt) deerees hono'tis causa shall be conferred upon such persons as have contributed substantially to the advancement of literature, philosophy, art, music, painting or other subjects assigned to the faculty of arts, or for conspi~uous service rendered by them to the cause of educationl [(') the degree of doctor of science (dsc) honoris causa shall be conferred upon such persons as have contributed substantially to the advancement of any branch of science or technology or to planning, organising or developing scientific and technological institutions in the country] [(3) the degree of doctor of laws (lld) honoris causa shall be conferred upon such persons as are distinguished lawyers, judges, or jurists, statesman or have made noteworthy contribution to public good] [(4) honorary degree shall be conferred at the annual convocation of the university or at a special convocation convened for the purpose] [(5) the vice-chancellor shall recommend a name/names for the award of honorary degree/degrees to the standing committee of the academic council the standing committee shall forward such a name/names as are approved by it to the academic council no proposal for the award of honorary degree/degrees, which has not been recommended as aforesaid, shall be entertained byi the academic council the proposal/proposals which has/ have been accepted by the academic council for the conferment of honorary degree/degrees shall be forwarded to the chancellor for ratification] [(6) the chancellor may, in special or urgent cases, act on the recommendations of the vice-chancellor and accept proposals for the award of honorary degrees] [(7) any honorary degree conferred by the university with the approval of the academic council or the chancellor may be withdrawn for sufficient cause by the chancellor from such date as he may fix] 21 (i) the [standing committee of the academic council] shall standi~g be the executive body of the [academic council,] and shall consist of ~~~~~ tne vice-chancellor the pro vice-chancellor, [deans of faculties demic and principals of fourteen colleges in rotation according to seniority i council [(2) the principgls of colleges shall be members of the standing committee of the academic council for a term of three years] [(3) seven members of the standing committee of the academic council shall form a quorum] 22 [the duties of the standing committee of the academic duties oi council shall be, subject to the revision and control of the academic the staddid~ c '1]' comnuttee ouncl  -of the aca-(i) "to fix, subject to any conditions accepted by the [execu- ~~~~jl tive council], the time, mode and conditions of competition for fellowships, scholarships and other prizes and to award the same" [(ii) to conduct examinations in conformity with the ordinances and to fix dates for holding them;] [(iii) to declare the results of the various university examinations, or to appoint committees or officers to do so, and to make recommendations regarding the conferment or grant of degrees, honours, diplomas, licenses, titles and marks of honour;] [ (iv) to award stipends, scholarships, medals, prizes and to make awards in accordance with the ordinances and such other conditions as may be attached to the awards;] [(v) to make recommendations to the executive council in regard to the appointment of examiners, and if necessary, their removal and the fixation of their fees, emoluments end travelling and other allowances and the appointment of boards of examiners and moderators;] [(vi) to appoint, whenever necessary, inspectors or boards of inspectors for inspecting colleges applying for admission to the privileges of the university;] [(vii) to publish lists of prescribed or recommended text-book and to publish syl1abus of the prescribed courses of study;] [(viii) to prepare such forms and registers as are, from time to time, prescribed by the ordinances;] [(ix) to appoint committees for admissions to the university;] and [(x) to perform all such duties and to do all such acts, as may be necessary for the carrying out of the decisions and directions of the academic council and to perform all such functions as may be delegated to it by the academic council under the act, the statutes or the ordinances"] final'::: "'22 (l) the [x] finance committee shell consist of [the follow-commirtee ing members, namely: -] (i) vice-chancellor [x]· (ii) pro vice-chancellor (iii) two persons nominated by the visitor (iv) two persons, who are not employees of the university, elected by the court, at least one of whom shall be a person who is not a member of the executive council (v) the treasurer [xl   _ _-- (2) three members of the [ x ] finance committee, shali fonn e quorum [(3) all members of the [ x ] finance committee, other tban ex-otficio members shall hold office for a term of three years] [(4) the vice-chacellor shall preside at meetings of the [ x ] finance committee· in the absence of the vice-chancellor, the treasurer shall preside at a meeting thereof] [(5) a member of the [ x ] finance committee shall have the right to record e minute of dissent if he dissents from his colleagues] [(6) the [ x ] finance committee shall meet at least twice every year to examine accounts and to scrutinise proposals for expenditure] [(7)] the annual accounts and financial estimates of the university prepared by the [troosurer] shall be laid before the finance committee for [consideration and comments] and thereafter [submitted] to the [executive] council for approval (8) the [ x ] finance committee shall fix limits for the total recurring expenditure and the total non-recurring expenditure for the year, based on the income and resources of the university (which, in the case of productive works, may include the proceeds of loens) no expenditure shall be incurred by the university in excess of the limi ts so fixed (9) no expenditure other than that provided for in the budget shall be incurred by the university without the approval of the [ x ] finance committee 23 (1) the university shall include the faculties of-(1) oriental learning, (2) theology, (3) arts, (4) science [ x ], (5) law [ x ], (6) technology, (7) medicine and surgery [(ayurveda)] and [(8) music end fine arts], [ x ] and such other faculties as may be established by the statutes" [(2) each faculty shall deal with such subjects as are assigned to it by the ordinances"] 24 (i) each faculty shall consist of [the following members, constitution namely: - ] of facul tit s [(i) dean of the faculty, who shall be the cbairman, (ii) principals of the colleges teaching subjects assigned to the faculty; (iii) all professors in the faculty; --·-vlde-govt 'lett;~-no~ f:-~9=9f5s-a~~~:d~~ed -;9:)-56 ---  -- -------(iv) one reader and one lecturer, by rotation according to st:niority, from each department in the faculty; (v) one teacher concerned, by rotation 6ccording to seniority, from each women's college: provided that the college provides instruction in any of the subjects assigned to the faculty;  (vi) persons not connected with the university having expert knowledge of the subject or subjects concerned co-opted by the faculty, one for each department of the faculty [provided, that the number of members to be co-opted by the faculty of law under this sub-clause shall be five"] (vii) five members elected by the academic council for their special knowledge of any subject assigned to the faculty or of any allied branch; (2) all members of any faculty, other than ex-officio members, shall hold office for a term of three years; (3) the conduct of the meetings of [a] faculty, [the quorum required for each ftaculty and the constitution of the boards of studies shall be prescribed by the ordinances] appoint;nent 2:; [(1) every head of a department who is a professor shall, by add term of rotation according to seniority, for a period of two years act as the ~~~ o~te dean of the faculty; provided that if in any faculty there is no pemrrs of professor, the seniormost reader shall act as the dean and if there aeu tics is no reader, the vice-chancellor or the pro vice-chancellor, if so designated by the vice-chancellor, shall act 6s the dean· explanation: -for the purposes of this clause, seniority shah be determined according to the following rules, namely: (a) if there are more persons than one who rank equally for the purposes of seniority, that person sllall be deemed to be senior to the others who has for the longest period been continously the head of a department (b) if there are more persons than one who rank equally for the purposes of seniority by reason of their being continuously the heads of departments, that person shall be deemed to be senior to the others who has for the longest period been continuously a professor or reader as the case may be] 26· the faculties shall have such powers, and shall perform such duties, as may be assigned to them by the statutes and the [ordinances1 and shall, from time to time, appoint such and so many boards of studies, in different branches of knowledge as may be prescribed by the [ordinances] they shall also consider and make such recommendations to the [academic council] on any question pertaining to their respective sphere of work os may appear to them necessary, or on any matter referred to them by the [academic council] [26a (1) each faculty shall consist of such departments as may be assigned to it by ordinances (~) no department shall be established or abolished except by the statutes: provided timt all departments which have been established in accordance with the act, the statutes or the l\egulations u in force immediately before the commencement of the banaras hindu university (amendment) act, 1951, shall be deemed to be departments estt3blished by these statutes· [(i) a department of spectroscopy be established inthc faculty of sciencet] [(ii) a department of indian philosophy and religion be established in the faculty of arts:j:]  $departmbnts established prior to nov 3 195121 departmellt l,f mining " ceramics 22 23· 24· 3 4· 5· fl 7 i department of politics mathematics geography history philosophy economics commerce 2~ 26 27 " glass pharmaceutics ind chemistry e1ec engineering civil ii: mech engineering agriculture " [0 ii " " ancient indian hisotry 28 & culture english hindi sanskrit & pali 29 30 31 " '' " " " " 12 13 14· 15 16 17· 1 h 19 20 " " education indo sumerian studies art & architecture: botany chemistry geology  physics zoology metallurgy surgery ayurveda mlmanaa be dharma shaatrll vyakaran jyotlsh sihitya danhan theology religious instruction law mullic & fine arts arabic, persian; & urdu n 32 33· 34 35· 36 37-311 39· 40  --------------tvide gov! of india, ministry of education, letter no f 19-7/55 hi dated no\' 11-1953 tvide govt of iindill, ministry of education, letlcr no f 19-6/53 a i dated dec 11-1956 61ll ls-5 [(iii) the following departments be establishacl in the faculty of teachnology:-(a) the existing department of industrial chemistry be reconstituted into a new department of chemical engineering and technology (b) department of silicate technology by absorbing the existing departments of glass and ceramics (c) department of civil and municipal engineering] t[ (iv) the existing department of ancient indian history & culture be re-named as department of ancient indkm history & culture and archaeology"] (3) teach department shall consist of the followine members, namely:-(i) teachers of the department (ii) persons conducting research in the department (iii) dean of the faculty or deans of the faculties concerned h (iv) honorary professor, if any, attached to the department t (v) such other persons as may be members of the department in accordance with the provisions of the ordinances"] (4) each department shall have a head who may be a university professor or, if there is no professor, a reader and whose duties and functions, and terms and conditions of appointment shall be laid down by the ordinances: provided that if th2re are more professors or, as the case may be, readers than one in any department, no person shall be appointed to be the head of any department except in accordance with the prnvislom; made in respect thereof by the ordinances: provided further that if there is no professor or reader in 3 department, the dean of the fsc'ulty concerned shall act as the herd of that department [26b (1) the establishment of colleges and institutions and tjae abolition thereof shall be governed by the statutes: provided that all colleges and institutions which have been established in accordance with the act, the statutes or the regulations in force immediately before the commen'cement of the banaras hindu university (amendment) act, 1951, shall be deemed to be colleges and institutions established by these statutes] [26e (1) colleges and other institutions within a radius of fifteen miles from the main temple of the university may be admitted to such pdvileges of the university as the executive council may decide on the following conditions, namely-(i) every such college or institution shall have a regularly constituted managing body, consisting of not more than twenty persons, approved by the executive council and including, among others, at least two representatives of the university and at least three representatives of the teaching stafi', of whom the principal of the college or institution shall be one; (ii) every such college or institution shall 98tisfy the executive council on the following points; (a) the suitability and adequacy of its accommodation and equipment for teaching, (b) the qualifications and adequacy of its teaching staff end the conditions of their service, (c) the arrangements for the residence, welfare, discipline and supervision of its students, and (d) such other matters as are essential for the mrintenance of the standards of universi ty education, and (iii) no college or institution shall be admitted to any privileges of the university except on the recommendation of the academic council made after considering the report of a committee of inspection appointed for the purpose by the standing committee of the academic council (iv) [omitted] (v) [omitted]  (2) appointments to the teaching staff of such college or institution shall be made on the recommendation of selection committee which shall include the principal (unless the post to be filled is that of the principal), at least one of the [x] representatives of the university on the managing body and one expert nominated by the standing committee of the academic council (3) every such college or institution shall be inspected at least once every year by a committee appointed by the standing committee of the academic council, and the report of that committee shall be submitted to the standing committee of the' academic council which shall forward the same to the executive council with such recommendations as it may deem fit to make the executive council, after considering the report and the recommendations, if any, of the standing committee of the academic council, shall forward a copy of the report to the managing body of the college or institution with such remarks, if any, as it may deem fit, for suitable action (4) the executive council may, after consulting the academic council, withdraw any privileges granted to a coller,e or institution if at any time it considers that the college or institution is not fulfilling the requisite conditions: provided that before any privileges ore so withdrawn the managing body shall be given an opportunity to represl'nt to the executive council why such action should not be taken (5) subject to the conditions set forth above, the ordinances  may prescribe any other conditions which may be considel'f'd necessary and also the procedure for the admission of colleges end institutions to the privileges of the university and for the withdrawal of those privileges] convocations 27 convocations of the university for the conferring of degrees, or for other purposes, shall be held in a manner to be prescribed by [ordinances] codutlittec 28 the court, the [executive council], [the academic council, the standing committee of the academic council] and the faculties may, from time to time, appoint such and so many standing and special committees or boards as mny seem to them fit, and may, if they think fit, place on them persons who are not members of the appointing bodies such committees may deal with any subject delegated to them, subject to subsequent confirmation by the appointing body scloction commin • 29 [(1) the selection committee for any appointment specified in column (1) of the table hereto annexed shall consist of the vice-chancellor, the pro-vice-chancellor, a nominee of the visitor and the persons specified in the corresponding entry in column (2) of tile said table (1) (2) professor (i) the dean of the faculty, (ii) the head of the department concemed, 1f he is a professor, (iii) three persons not connected with the university nominated by the standing committee of the academic council for their special knowledge of, or interest in, the subject with which the professor will be concerned reader, ") lecturer f (i) the dean of the faculty, (ii) the head of the department eoncerned, (iii) two persons not connected with the university nominated by the standing committee of the academic council, for their having special knowledge of, or interest in the subject with which the person to be appointed will be concerned (i) treasurer, hegistrar (ii) two members of the executive council nnmillibted by it] [(2) the vice-chancellor or, in his absence, the pro-vice-chancellor shall preside at the meetings of a selection committe~] [(3) the meetings of a selection committee shall be convened by the vice-chancellor or, in his absence, by the pro-vice-chancellor] [(4) th~ selection committee shall consider and submit to the executive council recommendations as to the appointments referred to it· if the executive council is unable to eccept th£' recommendations made by the committee, it shall record its reasons and submit the case to the visitor for final orders] [29a (1) there shall be an alumni association established for alumni the banaras hindu university aiioc:ialioll (2) the subscription for membership of the association shalj be prescribed by the ordinances (3) no member of the association shall be entitled to vote or stand for election unless he has been a member of the association for at least one year prior to the date of the election ~md is a graduate of at least five year's standing of the university: provided that the condition relating to the completion of one year's membership shall not apply in the case of the first election after the commencement of the banaras hindu university (amendment) act, 1951] "[provided further that all the registered graduates enrolled for life on the date of the commencement of the banaras hindu university (amendment) act, 1951, shall be members of the alumni association"] acts durin~ ylolncie~ 30 [no act or proceeding of any authority or body of the university shall be invalid by reason only of the existence of any vacancy among its members or eny defect in the constitution thereof] elected 31 where, by the statutes or [ordinances], no provision is made chairman to for a president or chairman to preside over a meeting of any univerpreside where no sity authority, board or committee, or when the president or chair-=:~~l the man so provided for is absent, the members present shall elect one statute} oi ttieir member to preside at the meeting re-appointmcnt and re-election 32 [save, as otherwise provided in the act, the statutes or the ordinances,] every officer of the university and every member of any university authority, whose term of office or of membership has expired, shall be eligible for re-appointment or re-election, as the ca;;e may be resignation :13 [(1) any member, other than an ex-officio member, of the court, the executive council, the academic council, or any other university authority may resign by letter addressed to the registmr, and the resignation shall take effect as soon as such letter is received by the registrar (2) any officer of the university, (whether salaried or otherwise), other than the dean, may resign his office by letter addres9f!d to the registrar: provided that such resignation shall take effect only on the date from which the same is accepted by the authority competent to fill the vacancy] - vidl govt letter no f j9-9/s~a j dated z9-3-s6 34 [(1) any member of the court, the executive council, or the removal academic council, may be removed by a resolution of the court, the exe'cutivt' council or the academic council, as the case may be, passed by a majority of not less than two-thirds of its members on pither of the following grounds, namely:-(i) the member oos become incapable of performing his duties; (ii) the member has been convicted by a court of law of an offence which, in the opinion of the court, the executive council or the academic council, as the case may be, involves moral turpitude (2) notwithstanding anything contained in the terms of his appointment, any officer of the university, salaried or otherwise, may be removed from tbat office by the authority which is competent to fill the vacancy on either of the following grounds, namely:-(i) the officer has become incapable of performing his duties; (ii) the officer has been convicted by a court of law of an offence which, in the opinion of the court, the executive council or the academic council, as the case may be, involves moral turpitude: provided that nothing in this clause shell be deemed to affect any rights accruing to an officer appointed on contract in accordance with the terms of that contract] [34a notwithstanding anything contained in the statutes, no p~rson wh(j is n~t ordinary resident in india shall be eligible to be an officer of the university or a member or any authority of the university] 34b (1) whenever, in accordance with these statutes, any person is to hold an office or be a member of any authority of the university by rotation, according to seniority, such seniority shall be determined according to the length of continuous service of such person in his ~rade or post, as the case may be, and in accordance with such other principles as the executive council may, from time to time, prescribe (2) it shall be the duty of the registrar to prepare and maintain, in respect of each class of persons, to whom the provisions of this statute apply, a complete and up-to-date seniority list in accordance with the provisions of the foregoing clause ('1) if two or more persons have equal length of continuous service in a particular grade or post, or the relative seniority of any person or persons is otherwise in doubt, the registrar may on his own motion, and shall, at the request of any such persons, submit the matter to the executive council, whose decision thereon shall be final 34c notwithstanding anything contained in these statutes, a person who h)lds any post in the university or is a member of any authority or body of the university in his capacity as a member of a particular authority or body or as the holder of a particular appointment shall hold office so long only as he continues to be a member of that particular lquthority or body, or the holder of that particular eppointment, as the case may be statutes made by the court under sub-section (3) of section 17 of the act· and adapted and modified q8 mentioned above | notice             | of           ||--------------------|--------------|| annual             |              || meetinls           |              || 35                |              || notices of         | the          || [x]                |              || meeting            | of           || by                 |              || the                | secretary,   || 30                 |              || days               | before       || with               | an           || noted              | or           || the                | consent of   || ;jt                |              || tne                | meeting      || notice of          | 36          || every              | member       || ~~:~d~~n~~         |              || bu5iness           | at           || as                 |              || chan~ellor,        |              || pro-chancellor,    | [            || of                 |              || the                | executive    || of                 |              || the                |              || oome               | of           || 20                 |              || days               |              || b~fore             |              || the                | day          || intend" to propose | an           || secretary          | ten          || noti~e             |              || of                 |              || 37                | [a notice of || ~~~~~l             |              || ;;tating           | generally    || soolj              |              || be                 |              |meetin~k and buslne;s !len l to each member of the court and no such meeting shall be' b' he h h t t' ed' t l to be tr8ncompetent to transact any usmess ot r t an t a men lon in lie sacted notice or directly arising out of it [any member desiring to send ci proposal reletmg to the nature of the business specified in the notice shall send such proposal to the secretary so as to reach him at least ten days before the meeting] proc«;dure iii 38· the procedure at meetings shall be in accordance with regubee~~ib~a:~d l&tions to be made by the court in thet behalf by rufes to _ ' '   ' ' _ "--"-'  - _ be made by recdvcd the approval of the vi,itor under sub-section 5 of section 17 of the act the court on the 12th and the 30th august, 1916 39 contracts made by or on beh'if of the university shall be valid contracts and hinding on the university if nde as follows:-(a) any contract which if made between private persons would by law be required to be in writing and, if required by the law in force in [x] india to be registered, may be similarly made on behalf of the university in writing under its corrunon seal and registered, and such contract may in the same manner, be varied or discharged (b) any contract which if made between private persons would by law be required to be in writing and signed by the parties to be charged therewith, may be made on behalf of the university in writing signed by any person acting under the express or implied authority of the [executive] council, and such contract may in the same manner be varied or discharged (c) any contract which if made between private f?ersons would by law be valid, although made verbally only and not reduced into writing, may be made either in writing or verbally on behalf of the university by any person acting under the express or implied authority of the [executive] council, and such contract may be in the zame way varied or discmrged: provided always that no contract exceeding rs 500 in amount or value shall be made except in writing (d) the executive council shall from time to time appoint such person or persons as it m63y think proper, either by office or by name, to enter into, execute and sign contracts for ~nd on behalf of the university, and to present them for registration and to register the same according to the law in force for the time being 40 [omitted] of 41 [the names and addresses of all persons who bave paid hs 500 or upwards before the commencement of the banaras hindu i  t ,is university (amendment) act, 1951, or may after such commence- dodn~ ment pay a sum of rs 1,000 or upwards to the university shall, from time to time, be entered in a list kept for the purpose by the secretary of the court] explanation-in this statute, the term "secretary" means the secretary of the court or, in his absence for any cause or where there is no person holding the post of secretary such person as the vice-chancellor may nominate to perform for the time being, the duties tlf the secretary under these statutes 621 ls-6 rqiatered 42 every person whose name is entered in the said list shall be deemed to be a registered donor within the meaning of the statutes an9 entitled to vote at the election 43 [omitted] " [omitted] 45 [omitted] 46 [omitted] 4'1 [omitted] 48 [omitted] 49 [omitted] so [omitted] 51 [omitted] 52 [omitted] 53 [omitted] 54 [omitted] 55 [omitted] 56 [omitted] 5'1 [omitted] 58 [omitted] 59 [omitted] 60 [omitted] 61 [omitted] 6! [omitted] 63 [omitted] m [omitted] 85 [omitted] 66 [omitted] 67 [omitted] 68 [omitted] 89 [omitted] 10 [omitted] n [omitted] 72 [(1) the executive council shall make provision for the pr<?vision rc'r maintenance of the central hindu school and other schools which ~c~~~~ll("e have been established in accordance with the act, the statutes, or hindu the rlegulations in force before the commencement of the banaras school the ordiances to be made in this behalf] (2) [the management of such schools shall be in accordance with the ordinances to be made in this behalf] 73 [omitted] 74 [omitted] 75 [omitted] 76 [omitted] 77 [omitted] 78 [omitted] 79 [omitted] 80 romitted] 81 the [schools referred to in statute 72 and all their] buildings, pro) pe,"!ies  - be ongmg to properties, furniture, apparatus and books and accounts shall be the the school property of the university to b~ prournes of the statutes 1·elating to provident fund made by the court under section niversity 16a of the act,· an1 amended and adapted as mentioned abot'e 8z every employee of the university, appointed permanently to b substantive post, cl!rrying a salary of rupees twenty per mensem or upwards, shall, as a condition of his service, contribute to the provident fund six and a quarter per cent of his salary such contribution shall be deducted from his salary every month in making the deduction, fractions of a rupee of the salary shall be omitted 83 [the university shall contribute to the fund a sum equal to such percentage of the salary of each employee as may be approved by the central government the contribution so made by the university, shall be credited to the account of such employee and char~ed in the university accounts under the head "provident fund"] -k4 the amount of the deduction made from the salary of an employee under statute 82 and the amount of the contribution made by the university under statute 83 shall be deposited in the post office savings &ank or in the imperial bank, as the [executive] council of the university may direct, in the name of the fund as early as practicable or at any rate within three days of the date on which the payment of the salaries is mede 85 the university may, from time to time, invest such part of the provident fund, as may be considered expedient, in such government securities as the [executive] council of the university may determine and may change the nature of the securities all interest or profit realized from the securities or from any deposit or account iqrising out of the fund, shall, after deducting the incidental expt'nses of investment or realization, be credited in the provident fund account to be distributed rateably in the account of each contributor [85a on a written application from a subscriber to the provident fund and with the approval of the executive council the university may allow premi9 on the life insurance policy of the subscriber to be paid out of the subscriber's share in his provident fund in all such cases the life insurance policy for which the premia are so paid shall be assigned in favour of the university on the retirement of the subscriber from the service of the university, the policy shall be re-assigned to him by the university in case of maturity of the policy during the pendency of the service of the subscriber in the university, the full amount of the policy shall be credited to the provident fund of the subscriber in the case of the death of the subscriber, during the service of the university, the full amount of the policy shall be paid to the legal representative of the deceased entitled to the provident fundl 86 the amount at the credit of any employee sbiqu be payable:-(a) on the death of the employee to the person or persons nominated by him or, when no such nomination is made, to his legal heir or heirs (b) on his ceasing to be in the service of the university to such employee provided:-(i) that no employee of the university, who has been dismissed for what is considered by the [executive] council as gross misconduct shall, if the [executive] council so directs be entitled to the benefit or to receive any part of any sum at any time contributed by the university to the fund or the interest or profit thereon; (ii) that if any employee resigns his appointment before putting in five years' service, the university may withhold the contribution allotted to him, together with the interest thereon, and pay to the employee only the balance at his credit without such contribution or the interest on or profit from contribution· 87 the university shall not be entitled to recover, from the amount to the credit of iqny such employee in the said fund on account uf contributions made by him thereto (including interest on or profit from such contributions), any sum on account of any loss or damages rustained by the university through the misconduct or negligence of any such employee or any other sum due by him - any such loss or damaf{e sustained by the university or other liability incurred by the employees to the university, shall, however, be recoverable from the contribution made by the university to his account including interest or profit thereon 88 any contribution and interest or profit withheld under these statutes, shall lapse to the university 89 in case of urgent necessity, which in the opinion of the [executive] council justifies the course, the university may allow a depositor an advance of a sum, not exceeding his salary for three months, out of the amount contributed by him with interest thereon (excluding the contribution of the university and the interest or profit thereof) the advance will be recovered by such number of monthly instalments, not exceeding twenty-four as the rexecutive] council may fix, and shall be recovered by'deduction from the salary payable by the university to such employee the amount of such instalments shall be fixed in round number, and the deductions shall commence from the first payment of a full month's salary, after such advance has been made, and the last instalment shall cover the entire balance then due rp:-ovided that if an advance is required for the purpose of building or purchasing a house, the maximum limit of the advance may be equal to twelve month's salary of the subscriber out of his own contribution to the fund, to be repaid in such instalments, not exceeding forty-eight, as the executive council may determine) an em~loyee may at his option pay at any time any additional sum above the amount fixed no subsequent advance will, however, be made until the lapse of three months from the date when the previous advance has been fully repaid 96 an employee, who is on lea/e on full pay, shall continue to pay his contribution to the provident fund and may do so at his option, if he is on leave on less than full pay 11· a separate account in form a shall be annually kept in the office of the university on account of every employee contributin~ to the provident fund, and a copy of this account shall be furnished to every such employee at the end of each financial year and on his ceasing to be an employee  formaprofjitk"t fund ba'laras hindu unitlllrsiry dliposit account for tm yliar lind;,,, tm jist of march, 195 92 amounts 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 7 and 10 no \oluntary deposits from employees will be credited to the provident fund 93 if a depositor dies or his services otherwise terminate, hi 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 94 when an account is closed, any sum remammg unclaimed 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 ordmary deposit 95 every employee, coming under these statutes shall be required to sign a written declaration that he has read these statutes and agrees to abide by them and hand over for registration in the university office the names of the person or persons to whom he wishes the balance at his credit to be paid in the event of his death 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 his nominee or any of his nominees is a minor, he should state the date of his birth; and the payment shall be made to his next friend or guardian who may be authorised by law to receive payment on his behalf while he is a minor the depositor may, from time to time, add to or change his nominee or nominees and the proportion in which the same is to be distributed, by written application to the university a register of such nominees shall be kept in the university office in form c given below:-signature of depositor name aj d addless of his rominle with date of birth name of de),ositor ard the rame of his next fricrd if he is a minor signatut'e of the pro vice-charcellor, b h u 3 4 96 notwithstanding anything contained in these statutes, no employee of the university will be entitled to the benefit of these statutes who is otherwise entitled to a pension or on whose account the university contributes towards his pension and leave allowance or who has been appointed by the university on a consolidated salary on special terms statutes relating to gratuity and compassionate fund made bu the court· 97 the university shall set apart a sum of rs looo/-t every year rond invest the same at interest in order to form a fund for the -received the approval of the visitor under sub-section 5 of section 17 of the payment of graluities to the servants or employees of the university, and for the payment of compassionate allowance to their families, as hereinafter provided 98 if the unspent balance of that fund at the close of any financial year exceeds rs 3,000/- the university may stop further payment to thoe fund under the preceding statutes till it falls below that amount or reduce the amount payable thereunder 10 as not to exceed that amount 99 no gratuity shall be payable to a servant or employees of less than ten years' standing or getting a salary of rs 20/- per mensem or over 100 subject to statute 99, a gratuity equal to half month's pay for ev€ry completed year of service may be paid to a permanent servant or employee of the university, if he has been permitted to retire from the service of the univ'ersity on account of his physical incapacity to continue in its service provided that the total amount of such gratuity shall not exceed rs 240/- in any case 101 if such servant or employee dies while in the service of the university after completing a service of ten years such compassionate allowance, not excepding the pay of sucn servant or employees for three months, may be paid to such members of his family, who may have been dependent on him for their livelihood as the [executive] council may, in view of the circumstaneee of each case, determine 102 the payment of the gratuity or compassionate allowance may be made either in a lump sum or by instalments or in such other manner as the [executive) council may determine  a bill further to amend the banaras hindu university act, 1915 cdr kl shrimali, minister of education) 