Section 19 of The Banaras Hindu University Act, 1915
- (1)The authorities of the University may make Regulations consistent with this Act, the Statutes and the Ordinances--
- (a)laying down the procedure to be observed at their meetings and the number of members required to form a quorum;
- (b)providing for all matters which by this Act, the Statutes or the Ordinances are to be prescribed by Regulations, and
- (c)providing for all matters solely concerning such authorities or committees appointed by them and not provided for by this Act, the Statutes or the Ordinances.
- (2)Every authority of the University shall make Regulations providing for the giving of notice to the members of such authority of the dates of meetings and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings.
- (3)The Executive Council may direct the amendment, in such manner as it may specify, of any Regulation made under this section or the annulment of any such Regulation: 1[Provided that any authority of the University which is dissatisfied with any such direction may, within two months of the date of such direction, appeal to the 2[Visitor] whose decision thereon shall be final.] 3[(4) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official Gazette.
- (5)Every Statute, Ordinance or Regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the Statute, Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regulation should not be made, the Statute, Ordinance or Regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Statute, Ordinance or Regulation.]
Summary
- University authorities have the power to create internal rules called Regulations, which must not contradict the main Act, Statutes, or Ordinances.
- These Regulations handle internal housekeeping, such as how meetings are run, how many people must attend to vote, and matters specific to that authority.
- Every authority is legally required to make Regulations detailing how members are notified about meeting dates, the agenda, and how meeting records are kept.
- The Executive Council has the power to order an authority to change or cancel any Regulation it has made.
- If an authority disagrees with the Executive Council's order to change a rule, it has two months to appeal to the Visitor (the President of India), who makes the final decision.
- All Regulations must be printed in the Official Gazette and presented to both Houses of Parliament for thirty days, where lawmakers can modify or cancel them.
Practical examples
FAQ
1. Can a Regulation override an Ordinance?
No, Regulations are the lowest level of rules and must be completely consistent with the Act, the Statutes, and the Ordinances.
2. What happens if an authority refuses to keep records of its meetings?
They would be violating the Act, because the law specifically requires every authority to make Regulations for keeping a record of their meeting proceedings.
3. Who has the final say if authorities argue over a Regulation?
If the Executive Council orders a change and the authority appeals, the Visitor has the absolute final say.
4. Do these internal rules need government approval?
Yes, they must be published in the Official Gazette and reviewed by Parliament for thirty days.
Test yourself
Q1.Under Section 19 of The Banaras Hindu University Act, 1915, what must every authority create Regulations for?
Q2.Under Section 19 of The Banaras Hindu University Act, 1915, if a Faculty writes a new Regulation, how does the Executive Council relate to this rule?
Q3.Under Section 19 of The Banaras Hindu University Act, 1915, what is the strict time limit for an authority to appeal an Executive Council direction regarding a Regulation?
Q4.Under Section 10 of The Banaras Hindu University Act, 1915, the Executive Council is the executive body managing administrative affairs. Under Section 19, how does this hierarchical power practically apply when an authority creates a Regulation that the Executive Council dislikes?
Q5.Under Section 19 of The Banaras Hindu University Act, 1915, what role does Parliament play after a Regulation is made?