Section 5 of The Banaras Hindu University Act, 1915
- (1)The President of India shall be the Visitor of the University.
- (2)The Visitor shall have the right to cause an inspection to be made, by such person or persons as he may direct, of the University, its buildings, laboratories and equipment 1[of any college] and of any institution maintained by University, and also of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the University.
- (3)The Visitor shall in every case give notice to the University of his intention to cause an inspection or inquiry to be made, and the University shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry.
- (4)The Visitor may address the Vice-Chancellor with reference to the result of such inspection and inquiry, and the Vice-Chancellor shall communicate to the Executive Council the views of the Visitor with such advice as the Visitor may offer upon the action to be taken thereon.
- (5)The Executive Council shall communicate through the Vice-Chancellor to the Visitor such action, if any, as it is proposed to take or has been taken upon the result of such inspection or inquiry.
- (6)Where the Executive Council does not, within a reasonable time, take action to the satisfaction of the Visitor, the Visitor may, after considering any explanation furnished or representation made by the Executive Council, issue such directions as he may think fit and the Executive Council shall be bound to comply with such directions.
- (7)Without prejudice to the foregoing provisions of this section the Visitor may, by order in writing, annul any proceeding of the University which is not in conformity with this Act, the Statutes or the Ordinances: Provided that before making any such order, he shall call upon the University to show cause why such an order should not be made and if any cause is shown within a reasonable time, shall consider the same.]
Summary
- The President of India is the official Visitor of the University.
- The Visitor has the right to inspect the University, its buildings, laboratories, exams, and teaching, or order someone else to do so.
- Before an inspection, the Visitor must give notice to the University, which can appoint a representative to be present and heard.
- The Visitor sends the results of an inspection to the Vice-Chancellor, who must share the Visitor's views and advice with the Executive Council.
- The Executive Council must tell the Visitor what actions it plans to take.
- If the Executive Council does not act to the Visitor's satisfaction, the Visitor can issue binding directions or cancel any University proceedings that break the rules.
Practical examples
FAQ
1. Who holds the position of Visitor at the University?
The President of India is the Visitor.
2. Can the Visitor perform a surprise inspection without telling anyone?
No, the Visitor must give notice to the University of their intention to cause an inspection or inquiry.
3. What happens if the University ignores the Visitor's advice after an inspection?
If the Executive Council does not take satisfactory action, the Visitor can issue directions that the Council is legally bound to follow.
4. Can the Visitor cancel a decision made by the University?
Yes, the Visitor can annul any proceeding that is not in conformity with the Act, Statutes, or Ordinances, but must first ask the University to show cause why it should not be cancelled.
Test yourself
Q1.Under Section 5 of The Banaras Hindu University Act, 1915, who holds the office of the Visitor?
Q2.Under Section 5 of The Banaras Hindu University Act, 1915, what must the Visitor do before causing an inspection of the University?
Q3.Under Section 5 of The Banaras Hindu University Act, 1915, if the Visitor wants to communicate the results of an inspection to the Executive Council, who acts as the middleman to deliver this message?
Q4.Under Section 5 of The Banaras Hindu University Act, 1915, what is the mandatory condition before the Visitor can annul a University proceeding for violating the Act?
Q5.Section 5 of The Banaras Hindu University Act, 1915 allows the Visitor to issue binding directions to the Executive Council if it fails to act on an inspection. Based on the definitions in Section 2, what is this Executive Council?