Section 12B of The Banaras Hindu University Act, 1915
1[12B. Disqualifications.--(1) A person shall be disqualified for being chosen as, and for being a member of any of the authorities of the University--
- (a)if he is of unsound mind or is a deaf-mute or suffers from contagious leprosy;
- (b)if he is an undischarged insolvent;
- (c)if he has been convicted by a Court of law of an offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months.
- (2)If any question arises as to whether a person is or had been subjected to any of the disqualifications mentioned in sub-section (1), the question shall be referred for the decision of the Visitor and his decision shall be final, and no suit or other proceeding shall lie in any Court of law against such decision.]
Summary
- A person cannot be a member of any university authority if they have an unsound mind, are a deaf-mute, or suffer from contagious leprosy.
- A person is also disqualified if they are an undischarged insolvent.
- Being convicted by a court of an offence involving moral turpitude and sentenced to prison for at least six months is another disqualification.
- If there is a dispute about whether someone is disqualified, the question must be referred to the Visitor of the university, who makes the final decision.
- No person is allowed to file a lawsuit in any court to challenge the Visitor's decision on this matter.
Practical examples
FAQ
1. Can a person who was convicted of a minor crime with a two-month sentence still serve?
Yes, the disqualification only applies if the prison sentence is for at least six months and the crime involves moral turpitude.
2. Who decides if a member is actually disqualified due to mental soundness?
The Visitor of the university makes the final decision on any question of disqualification.
3. Can I appeal the Visitor's decision in a local civil court?
No, the law strictly states that no suit or other proceeding can lie in any court of law against the Visitor's decision.
Test yourself
Q1.Under Section 12B of The Banaras Hindu University Act, 1915, what is the minimum prison sentence for a crime involving moral turpitude that triggers disqualification from a university authority?
Q2.Under Section 12B of The Banaras Hindu University Act, 1915, if a question arises about a member's insolvency status, who has the final authority to decide the matter?
Q3.If a person is removed from the Executive Council under Section 12B of The Banaras Hindu University Act, 1915, and the Visitor confirms it, what legal action can the person take against that decision?
Q4.Which of the following conditions disqualifies a person from being a member of a university authority under Section 12B of The Banaras Hindu University Act, 1915?