Section 1430 in Banaras Hindu University Act, 1915
1430.
Object and Reasons.- Act 55 of 1951.- The University Education Commission, while making certain recommendations in regard to University education generally, have also dealt with certain special problems relating to the Central Universities at Banaras. Aligarh and Delhi. These recommendations were generally approved by the Central Advisory Board of Education at their meeting in April, 1950. The Government of India, after careful consideration of the matter, have decided that while it is not necessary to change the names of the Banaras and Aligarh Universities, the disqualifications imposed by the respective Acts on non-Hindus and non-Muslims being members of the Court of the University should be removed. They have also decided that the other recommendations of the University Education Commission. insofar as they relate to the Central Universities, should be implemented as far as possible. As the first step in the direction, it is now proposed to amend the Banaras Hindu University Act in order to give effect to those recommendations.2. The main features of the Bill are :(i) religious instruction is to be given to those who wish to receive it as required by Article 28(3) of the Constitution;(ii) membership of the Court is to be thrown open to all persons irrespective of religion or caste;(iii) a section is to be inserted on the lines of the other two University Acts, specifying the powers of theUniversity generally;(iv) The President of India is to he the Visitor of the University and he shall exercise the same powers in relation to this University as he does as Lord Rector in relation to the Aligarh Muslim University;(v) The Governor of Uttar Pradesh, who is now the Visitor will henceforth be the Chief Rector of the University and provision is also made for the appointment of other persons as Rectors;(vi) the present Council will become the Executive Council of the University, while the Senate and the Syndicate will be merged in the Academic Council.3. Advantage is taken of this opportunity to make a few other minor amendments so as to bring this Act into line with the other two Central Acts wherever necessary. Amendments consequential on the recommendations of the University Education Commission will also be undertaken with respect to the other two Acts in due course.4. The First Statutes which formed part of the Banaras Hindu University had been considerably amended by the Court, and it is. therefore, proposed that the Central Government should assume power for a temporary period to make modifications in the Statutes, so as to bring them into accord with the Act, as now amended, and the recommendations of the University Education Commission. - Gazette of India 5-5-1951. Pt. II - Section 2. page 322.Act 34 of 1958.- On receipt of reports indicating a serious state of affairs prevailing at the Banaras Hindu University the President as the Visitor of the University, appointed in July, 1967, a Committee to enquire into the state of affairs at the University. The Committee commencing its sittings on the 31st July, 1957, 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 observations and recommendations made by the Committee, the Government of India came to the conclusion that it was necessary to reconstitute 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 reconstruction of the Executive Council as a compact body;(c) the provision for a Selection Committee 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 cases, 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. - Gazette of India, 2-5-1958, Pt. II, Section 2, Extra, P. 742.Act 52 of 1966.- The report of Banaras Hindu University Enquiry Committee appointed by the President, in his capacity as the Visitor of the University, to enquire into the state of affairs of the University had revealed certain disquieting features and unhealthy influences which had been undermining the discipline of the University. On a preliminary consideration of the recommendations of the Committee, the President promulgated the Banaras Hindu University (Amendment) Ordinance, 1958 on the 14th June, 1958 to amend the Bananas Hindu University Act, 1915. The Ordinance was later replaced by the Banaras Hindu University (Amendment) Act, 1958. Both the Ordinance and the amending Act were temporary measures to tide over the difficult situation which was prevalent in the University at that time and the intention was to bring before Parliament in due course a comprehensive long term legislation for the University after detailed examination of the various recommendations of the Enquiry Committee. The recommendations have been examined in consultation with the authorities concerned and the present Bill seeks to amend the Banaras Hindu University Act, 1915 for the purpose of embodying the long time legislative proposals for the better working of the University.2. The main features of the Bill are :(a) With a view to emphasising the residential nature of the Banaras Hindu University, it is proposed that the University should not in future affiliate any college or institution maintained by other agencies. Provision in this regard has been made in clause 14 of the Bill without in any way affecting the rights and privileges of colleges and institutions already affiliated to the University.(b) The Court is proposed to be made the supreme authority of the University with powers(i) to review from time to time the broad policies and programmes of the University;(ii) to suggest general measures for the improvement and development of the University;(iii) to review the acts of other authorities of the University such as Executive Council and Academic Council except where such authorities have acted in accordance with the powers conferred by or under the Act.The Court will also consider the annual report, annual accounts and the budget of the University and can approve the budget with or without modifications. Care has, however, been taken to see that the Court will not interfere with the Executive Council in the day to day administration of the University.(c) The Court itself will be reconstituted. It will be a compact body consisting of 83 members half of whom will be from the University and the remaining half from outside the University, with a view to ensuring the balance between the two elements.(d) The Reviewing Committee set up under the Banaras Hindu University (Amendment) Ordinance, 1958 [replaced by the Banaras Hindu University (Amendment) Act, 1958] to inquire into the cases of the persons who on the 14th day of June, 1958 were holding any teaching, administrative or other post in the University and whose continuance in office was considered detrimental to the interests of the University will stand abolished, the work of the Committee having been completed.(e) The Standing Committee of the Academic Council is also abolished and its functions are being restored to the Academic Council.(f) The term of office of the Vice-Chancellor is six years and he is not eligible for reappointment. It is now proposed to reduce the term to five years but the Vice-Chancellor will be eligible for reappointment for a second term.(g) The Vice-Chancellor will be empowered to expel any student from the University if such a course according to his opinion is necessary for the maintenance of discipline in the University after observing the principles of natural justice.(h) The offices of the Provost and Chief Rector have been abolished but there will be a Rector and this office will be held by the Governor of Uttar Pradesh.(i) The Treasurer of the University will hereafter be whole-time salaried officer.(j) Provision has been made for the University to borrow money with the approval of the Central Government.3. Opportunity is also being taken(a) to strengthen the provisions relating to the arbitration of disputes arising out of contracts between the University and any of its officers or teachers;(b) to ensure the presence of a nominee of the Visitor in every Selection Committee charged with the duty of selecting officers of the University. - Gazette of India, 1-10-1964, Pt. II, Section 2, Ext., P. 729.Act 34 of 1969.- In December, 1968, the President in his capacity as the Visitor of the Banaras Hindu University appointed a Committee under the Chairmanship of Dr. P. B. Gajendragadkar to inquire into the state of unrest and agitation in the University and to make recommendation for remedying the situation. The Committee which submitted its report to the Visitor in the second week of July, 1969 has made two sets of recommendations. The first set is directed to help to introduce in the University campus an atmosphere of normalcy so as to enable the University to pursue its legitimate functions without disturbance and disruption, violence or intimidation. The other set of recommendations is of a long range character and envisages a comprehensive reform of the structure and functioning of the University with special reference to the maintenance of its all India character.2. For immediate implementation, the recommendation made by the Committee is that the Act under which the University is at present administered should be amended in certain respects. The present bodies including the Standing Committee of the Academic Council responsible for the administration of the University should be dissolved and appropriate steps taken to provide for a nominated Executive Council and a nominated Court and a new Vice-Chancellor.3. The principal object of the Bill is to implement the first set of recommendations of the Inquiry Committee so that University's return to smooth functioning and pursuit of basic academic purposes may be facilitated.4. 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 membership;(b) the reconstitution of the Executive Council and the Finance Committee;(c) the abolition of the Standing Committee of the Academic Council:(d) change in the method of selection of the Vice-Chancellor and reduction in his term of office; and(e) change in the term of office of the Rector. - Gazette of India, 12-8-1969. Part II, S.2. Ext., P. 817.[1st October, 1915.]An Act to establish and incorporate a teaching and residential Hindu University at [Banaras] [Substituted by Act 55 of 1951, s.2, for " Benares" ].WHEREAS it is expedient to establish and incorporate a teaching and residential Hindu University at [Banaras] [Substituted by Act 55 of 1951, s.2, for " Benares" ], and to dissolve the Hindu University Society, a Society registered under the Societies Registration Act, 1860 (21 of 1860), and to transfer to, and vest in, the said University all property and rights now vested in the said Society; It is hereby enacted as follows:-
