Section 20 of The Banaras Hindu University Act, 1915
- (1)From the commencement of this Act, the Hindu University Society shall be dissolved, and all property, movable and immovable, and all rights, powers, and privileges of the Hindu University Society which, immediately before the commencement of this Act, belonged to, or were vested in, the said Society, shall vest in the University, and shall be applied to the objects and purposes for which the University is incorporated.
- (2)From the commencement of this Act, all debts and liabilities of the said Society shall be transferred and attached to the University, and shall thereafter be discharged and satisfied by the University.
- (3)Any will, deed or other document, whether made or executed before or after the commencement of this Act, which contains any bequest, gift or trust in favour of the Central Hindu College or the said Society shall, on the commencement of this Act, be construed as if the University were therein named, instead of the said College or Society
Summary
- The moment the Act legally started, the old organization known as the Hindu University Society was permanently dissolved.
- All property (both movable like money, and immovable like land), rights, and privileges owned by the Society instantly became the property of the Banaras Hindu University.
- The University is legally bound to use this newly transferred property only for the objects and purposes for which the University was created.
- All financial debts and legal liabilities of the old Society were transferred to the University, meaning the University must pay them off.
- If anyone wrote a will or legal document giving a gift to the old Society or the Central Hindu College, the law automatically reads the document as giving the gift to the University instead.
Practical examples
FAQ
1. Does the Hindu University Society still exist in any form?
No, it was completely dissolved the moment the Act came into force.
2. What happened to the debts the Society owed before it was dissolved?
The debts were transferred to the Banaras Hindu University, which is legally required to discharge and satisfy them.
3. If an old document gifts money to the Central Hindu College, who gets the money?
The Banaras Hindu University gets it, because the law forces the document to be read as if the University was named instead of the College.
4. Can the University use the Society's transferred land for anything it wants?
No, the property must be applied to the objects and purposes for which the University is incorporated.
Test yourself
Q1.Under Section 20 of The Banaras Hindu University Act, 1915, what legally happens to the Hindu University Society upon the commencement of the Act?
Q2.Under Section 20 of The Banaras Hindu University Act, 1915, who is responsible for paying off the existing debts of the Hindu University Society?
Q3.Under Section 20 of The Banaras Hindu University Act, 1915, how must the University utilize the movable and immovable property it inherits from the Society?
Q4.Under Section 15 of The Banaras Hindu University Act, 1915, the Central Hindu College is deemed to be maintained by the University. Under Section 20, if a wealthy individual wrote a deed in 1910 leaving a library building to the "Central Hindu College," how is this deed legally executed after the Act?