CHAPTER II
THE SCHEDULE
[ See section 17 (2) ]
THE STATUTES OF THE University
Definitions.
(a) "Act" means the Banaras Hindu University Act, 1915
(b) all words and expressions used herein and defined in the Act shall have the meanings respectively assigned to them in the Act.
2. Emoluments, terms and conditions of service of the Vice-Chancellor
(1) There shall be paid to the Vice-Chancellor a salary and other allowances as approved by the Govt. of India/U.G.C. and he shall be entitled, without payment of rent, to the use of furnished residence throughout his terms of office and no charge shall fall on the Vice-Chancellor personally in respect of the maintenance of such residence.
(2) The Vice-Chancellor shall not be entitled to the benefits of the University Provident Fund or to any other allowance :
Provided that where an employee of the University is appointed as Vice-Chancellor, he shall be allowed to continue to contribute to the Provident Fund and the contribution of the University shall be limited to what he had been contributing immediately before his appointment as Vice-Chancellor.
(3) The Vice-Chancellor shall be entitled to travelling allowances at such rates as may be fixed by the Executive Council.
(4) The Vice-Chancellor shall be entitled to leave on full pay for one-eleventh of the period spent by him on active service.
Provided that where, and to the extent that, the leave applied for by the Vice-Chancellor in sufficient time before the date of expiry of his term and is refused in the interest of the University with prior approval of the Visitor, he shall be entitled to the amount of leave so refused after he relinquishes the charge of his office subject to a maximum of 120 days.
(5) The Vice-Chancellor shall also be entitled, on medical grounds or otherwise than on medical grounds, to leave without pay for a period not exceeding three months during the term of his office:
Provided that such leave may be converted into leave on full pay to the extent to which he will be entitled to leave under clause (4).
(6) The Vice-Chancellor shall retire on attaining the age of 65 years.
(1) The Rector shall be appointed by the Executive Council on the recommendations of the Vice-Chancellor :
Provided that where the recommendation of the Vice-Chancellor is not accepted by the Executive Council, he may recommend any other person to the Executive Council and if it does not accept that recommendation also, the Vice-Chancellor shall forward the names of both the persons aforesaid to the Visitor and the Visitor may appoint either of them or direct the Vice-Chancellor to recommend any other person to the Executive Council..
(2) The Rector shall be a whole-time salaried officer of the University.
(3) The Rector shall hold office for only so long as the Vice-Chancellor on whose recommendation he was appointed, holds office and he shall be eligible for reappointment :
Provided that notwithstanding the expiry of the term of his office, the Rector shall continue in office until his successor is appointed and enters upon his office.
(4) The emoluments and other terms and conditions of service of the Rector shall be prescribed by the Ordinances.
(5) The Rector shall assist the Vice-Chancellor in all matters and shall also exercise such powers and perform such duties as may be delegated to him by the Vice-Chancellor.
(6) Where the Vice-Chancellor is the Chairman of any board or committee appointed under Statute 26 and he is absent for any reason whatsoever from any meeting of such board or committee, the Rector shall preside over such meeting.
(7) The Rector shall be entitled to be present at and to address any meeting of any authority or board or committee of the University but shall not be entitled to vote there at unless he is a member of such authority or board or committee.
3.A. Director
(1) There shall be a Director each for the Institute of Technology, the Institute of Medical Sciences and the Institute of Agricultural Sciences who shall be officers of the University.
(2) A Director shall be appointed by the Executive Council on the recommendation of the Vice-Chancellor from amongst the Professors in the Institute.
(3) The powers, duties and conditions of service of a Director shall be prescribed by the Ordinances.
(1) The Registrar shall be appointed by the Executive Council on the recommendation of a Selection Committee constituted for the purpose and shall be a whole-time salaried officer.
Amendment to Statute(1) of the Statutes of the Banaras Hindu University Act,1915.
Accordingly, the Statute 4(1) of the Banaras Hindu University has been amended to be read as under:-
I. The Registrar shall be appointed by the Executive Council on the recommendation of a Selection Committee constituted for the purpose and shall be a whole time salaried officer of the University.
II. He shall be appointed for a term of five years and shall be eligible for reappointment for second term.
III. Notwithstanding his term of appointment/reappointment, the Registrar shall retire at the age of 62 years or as amended by the UGC/MHRD from time to time.
IV. The qualification for the post of Registrar shal be as prescribed by the UGC/MHRD from time to time.
(2) When the office of the Registrar is vacant or when the Registrar is, by reason of illness or absence for any other cause, unable to perform the duties of the office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.
(3) The Registrar shall be the ex-officio Secretary of the Court, the Executive Council, the Academic Council, the Selection Committees and the Faculties, but shall not be deemed to be a member of any of these authorities.
(4) The Registrar shall :-
(a) be the custodian of the records, the common seal and such other properties of the University as the Executive Council shall commit to his charge;
(b) issue under the direction of the Vice-Chancellor all notices convening meetings of the Court, the Executive Council, the Academic Council, the Selection Committees, the Faculties, the Boards of Studies, and of the committees appointed by the authorities of the University ;
(c) maintain the minutes of all meetings of the Court, the Executive Council, the Academic Council, the Selection Committees, the Faculties, and of the committees appointed by the authorities of the University ;
(d) conduct the official correspondence of the Court, the Executive Council and the Academic Council;
(e) [X X X]
(f) supply to the Visitor, copies of the agenda of 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 and emergency, when neither the Vice-Chancellor nor the Rector is able to act, call a meeting of the Executive Council forthwith and take its directions for carrying on the work of the University ;
(h) represent the University in suits or proceedings by or against the University, assign powers of attorney and verify pleadings or depute his representative for the purpose ;
(i) perform such other duties as may be prescribed by these Statutes, the Ordinances and Regulations or as may be required, from time to time, by the Executive Council or the Vice-Chancellor,
(5) (a) The Registrar shall have power to take disciplinary action against the employees belonging to the ministerial, subordinate-executive and class IV services and to suspend them pending enquiry, administer warnings to them or impose on them the penalty of censure or the withholding of increment ;
Provided that no such penalty shall be imposed until the employee has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.
(b) An appeal shall lie to the Vice-Chancellor against any order of the Registrar imposing the penalty of the withholding of increment.
(c) In a case where the enquiry discloses that a punishment beyond the powers of the Registrar is called for, the Registrar shall, upon conclusion of the enquiry, make a report to the Vice-Chancellor along with his recommendations, and the decision of the Vice-Chancellor thereon shall be final ;
Provided that an appeal shall lie to the Executive Council against the order of the Vice-Chancellor imposing the penalty of dismissal.
(1) The Finance Officer shall be appointed on deputation from the Indian Audit and Accounts Service by the Executive Council on the recommendation of the Vice-Chancellor and shall be a whole-time salaried Officer. the Finance Officer shall work under the supervision of the Vice-Chancellor and shall be accountable to the Executive Council through the Vice-Chancellor.
Amendment Status 5(1):The Finance Officer shall be appointed on deputation from the any organized Services of the Govt. of India by the Executive Council on the recommendation of the Vice-Chancellor and shall be a whole-time salaried Officer. the Finance Officer shall work under the supervision of the Vice-Chancellor and shall be accountable to the Executive Council through the Vice-Chancellor. (Dated 29th June,2009)
(2) When the office of the Finance Officer is vacant or when the Finance Officer is, by reason of illness or absence for any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.
(3) The Finance Officer shall :-
(a) exercise general supervision over the funds of the University and shall advise it as regards its financial policy ; and
(b) perform such other financial functions as may be assigned to him by the Executive Council or as may be prescribed by these Statutes or the Ordinances :
Provided that the Finance Officer shall not incur any expenditure or make any investment exceeding Rs.10,000/- without the previous approval of the Executive Council.
(4) Subject to the control of the Executive Council, the Finance Officer shall :-
(a) hold and manage the property and investments including trust and endowed property for furthering any of the objects of the University ;
(b) see that the limits fixed by the Finance Committee for recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purposes for which they are granted or allotted ;
(c) be responsible for the preparation of annual accounts and the budget of the University for the next financial year and for their presentation to the Executive Council ;
(d) keep a constant watch on the state of the cash and bank balances and on the state of investments ;
(e) watch the progress of collection of revenue and advise on the methods of collection employed ;
(f) have the accounts of the University regularly audited by an internal audit party ;
(g) see that the registers of buildings, land and equipment are maintained up-to-date and that the stock-checking is conducted of equipment and other consumable materials in all offices and colleges, and in the Public Works Department and Workshop stores ;
(h) call for explanation for unauthorised expenditure and for other financial irregularities and suggest disciplinary action against the persons at fault ;
(i) call for from any office or institution under the University and information or returns that he may consider necessary to discharge his financial responsibilities.
(5) The receipt of the Finance Officer 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.
5A. Controller of Examinations
(1) The Controller of Examinations who is hereby declared under Section 6(j) of the Act to be an Officer of the University, shall be appointed by the Executive Council on the recommendation of a Selection Committee constituted for the purpose and shall be a whole-time salaried Officer.
(2) When the Office of the Controller of Examinations is vacant or when the Controller of Examinations is, by reason of illness or absence for any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.
(3) The Controller of Examinations shall -
(a) issue under the direction of Vice-Chancellor all notices convening meetings of the Board of Examiners, the Board of Moderators and of the Committees appointed in connection with Examinations by the authorities of the University and maintain the minutes of all such meetings.
(b) control the conduct of Examinations and all other arrangements necessary therefor and the execution of all processes connected therewith.
(c) notwithstanding anything to the contrary contained in these Statutes, the Ordinances and the Regulations, perform such other duties, administrative or academic, as may be required, from time to time, by the Vice-Chancellor.
(d) be the custodian of the records pertaining to his duties and responsibilities under this Statute.
(e) call from any office or institution under the University any information or returns that he may consider necessary for the performance of his duties and to discharge his responsibilities.
(f) call for explanation from any subordinate employee who may be at fault, in respect of any matter pertaining to his responsibilities and suggest disciplinary action against the persons at fault.
(1) The Librarian shall be a whole-time salaried officer appointed by the Executive Council on the recommendation of a Selection Committee constituted for the purpose and shall possess such qualifications as may be prescribed by the Executive Council.
(2) When the office of Librarian is vacant or when the Librarian is, by reason of illness or absence for any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Executive Council may appoint for the purpose.
(3) The duties and powers of the Librarian shall be regulated by the Ordinances.
(1) The Medical Superintendent be appointed by the Executive Council on the recommendation of a Selection Committee constituted for the purpose by the Executive Council and shall be a whole time salaried officer.
Provided further that the incumbent shall be appointed on tenure basis, the tenure being determined by the Selection Committee.
(2) When the office of the Medical Superintendent is vacant or when the Medical Superintendent is, by reason of illness or absence for any other cause unable to perform the duties of his office, the duties of the office shall be performed by such persons as the Vice-Chancellor may appoint for the purpose.
(3) Notwithstanding anything to the contrary contained in these Statutes, the Medical Superintendent, in relation to the hospital, shall exercise the financial and administrative pattern as are exercised by the other Statutory Officers and such other powers which an Ordinance may define taking into account the special needs of the hospital subject to the overall supervision of the Director, Institute of Medical Sciences.
(4) Notwithstanding any thing to the contrary contained in Statute 4(5)(a), the Medical Superintendent shall have the power to take disciplinary action against the employees belonging to the ministerial, subordinate-executive, technical workshop staff, paramedical staff and class IV services as also staff borne on the establishment of the Institute and physically working in the Hospital and to suspend them pending enquiry, administer warnings to them or impose on them the penalty of censure or withholding of increment.
Provided that no such penalty shall be imposed until the employee has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.
(a) An appeal shall lie initially to the Director, I.M.S., against any order of the Medical Superintendent imposing the penalty of the withholding of increment.
(b) In a case where the employee is not satisfied with the decision of the Director, I.M.S., an appeal shall lie with the Vice-Chancellor whose decision will be final.
(c) In case the Inquiry discloses that punishment beyond the power of the Medical Superintendent is called for, the Medical Superintendent shall, upon conclusion of the enquiry, make a report to the Director, I.M.S., alongwith his recommendations. The Director, I.M.S., if satisfied with the recommendation, shall forward the same to the Vice-Chancellor for a final decision.
Provided that an appeal shall lie to the Executive Council against the order of the Vice-Chancellor imposing the penalty of dismissal.
(5) The Medical Superintendent shall not incur any expenditure from the Budget under his control exceeding Rs.10,000/- on any single item without the previous approval of the Vice-Chancellor.
(6) Subject to the control of the Executive Council, the Medical Superintendent shall :-
(a) hold and manage all immovable properties (other than movable property).
(b) see that the ceilings in the Budget for recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purposes for which they are granted or allotted.
(c) be responsible for the preparation of annual accounts and the Budget of the Hospital including the pro-rata electrical, water and maintenance of building, etc. for the next financial year and send the same to the Finance Officer.
(d) provide the details of duties of Doctors entrusted with patient care, as per Hospital manual published by the D.G.H.S., Govt. of India.
(e) have supervision and administrative control of interns and Residents including their training as also posting, disbursement of salary, leave etc.
(1) The Dean of Students shall be appointed from amongst employees of the University who are teachers of the University, preferably of the rank of Professor but not below the rank of Reader by the Executive Council on the recommendation of the Vice-Chancellor. The Dean shall be a part-time employee of the University and the tenure shall be co-terminus with the Vice-Chancellor and shall hold office during the pleasure of the Vice-Chancellor. He shall be eligible for reappointment.
(2) The person who is appointed as the Dean of Students shall continue to hold his lien on his substantive post and shall continue to subscribe to the University Provident Fund.
(3) When the office of the Dean of Students is vacant or when the Dean of Students is, by reason of illness or absence for any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.
(4) The duties and powers of the Dean of Students shall be regulated by the Ordinances.
(1) The Chief Proctor shall be appointed from amongst the employees of the University preferably of the rank of Professor, but not below the rank of Reader by the Executive Council on the recommendation of the Vice-Chancellor. The Chief Proctor exercises such powers and perform such duties as may be assigned to him by the Vice-Chancellor.
(2) The Chief Proctor shall be a part-time employee of the University and the tenure shall be co-terminus with the Vice-Chancellor and shall hold office during the pleasure of the Vice-Chancellor and shall be eligible for reappointment for a second term.
(3) When the office of Chief Proctor is vacant or when the Chief Proctor is, by reason of illness or absence for any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.
(1) There shall be a Dean for each Faculty; a Professor within the Faculty shall, by rotation according to seniority, act as the Dean of the Faculty for a period of three years,
Provided that :
(i) if there is no Professor, a Reader, by rotation according to seniority, shall act as Dean.
x x x x
(2) The Dean shall be the Chairman of the Faculty and shall be responsible for the observance of the Statutes, the Ordinances and the Regulations relating to the Faculty.
(3) The Dean shall be responsible for overall supervision and control of the organisation and the conduct of teaching and research work in the Departments comprised in the Faculty.
(4) The Dean shall exercise such other powers and perform such other functions and duties as may be assigned to him by the Executive Council or the Vice-Chancellor.
(5) Professor or Reader shall have the option to resign the Deanship at any time during his tenure and also decline the offer of appointment in his turn as Dean of the Faculty.
(6) Provided further that in the event of Professor/Reader not being available at the time of commencement of his tenure, the Professor/Reader as the case may be next in order of seniority shall be appointed as Dean and the tenure of such a person shall commence after the expiry of the term of the Professor/Reader appointed in his absence.
9A. Principal, Mahila Mahavidyalaya
The Principal, Mahila Mahavidyalaya, BHU will be an Officer of the University. Her appointment shall be made by the Executive Council on the recommendation of the Vice-Chancellor and the powers, duties and conditions of the service shall be as prescribed by the Ordinance.
(1) The Court shall consist of the following members, namely:-
(a) the Chancellor, ex-officio,
(b) the members of the Executive Council, ex-officio,
(c) three persons, being Heads of Departments of Studies or Principals of Colleges of the University, nominated by the Visitor,
(d) two persons, being professors from Departments of Studies or Colleges of the University, nominated by the Visitor
(e) two persons from among teachers of the University, other than Professors, nominated by the Visitor,
(f) three representatives of Parliament, two to be nominated by the Speaker of the Lok Sabha from among the members thereof and one to be nominated by the Chairman of the Rajya Sabha from among the members thereof, and
(g) thirty persons nominated by the Visitor from among persons who are men of standing in public life or have special knowledge or practical experience in education or have rendered eminent services in the cause of education.
(2) Seventeen members of the Court shall form the quorum
(3) All members of the Court, other than ex-officio members shall hold office for a term of three years.
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