Jharkhand act 006 of 2003 : Jharkhand State Universities (Amendment) Act, 2002

Section 1. Short title, extent and commencement

1. Short title, extent and commencement:-

(i) This Act may be called the Jharkhand State Universities (Amendment) Act, 2002.

(ii) It shall come into force at once.

(iii) It shall extend to the whole of the State of Jharkhand.

Section 2. Substitution of Section-2(ii) of the Jharkhand State Jharkhand State Universities Act, 2000 (adapted) (and hereinafter referred to as the said Act)

2. Substitution of Section-2(ii) of the Jharkhand State Jharkhand State Universities Act, 2000 (adapted) (and hereinafter referred to as the said Act):- In section-2, for sub-section (ak), the following clause be substitued, namely:-

"The Jharkhand Public Service Commission means the Jharkhand Public Service Commission constitueted by the State Govt. for discharging functions as contained in Article 320 of the constitution of India and entrusted with the powers for making recommendations, etc. of teachers and officers of Universities and Colleges (Constituent and affiliated)".

Section 3. Substitution in Section-3(1)(d) of the said Act

3. Substitution in Section-3(1)(d) of the said Act.- In Section-3 in sub-section-(1)(d) for the words "Sidhu-Kanhu" the words "Sido-Kanhu Murmu" shall be substituted.

Section 4. Amendment in Section-3(1)(f) of the said Act

4. Amendment in Section-3(1)(f) of the said Act:- In section-3, in Section-3(1)(f) the following proviso shall be inserted, namely:-

"Provided that the territorial jurisdiction shall extend to the whole of State of Jharkhand in matters pretaining to educational institutions imparting teaching in opathy, Indigenous medicines and educational institutions imparting academic distinction in Sanskrit, Pali, Prakrit and such other languages which the University may consider necessary.

Section 5. Insertion of 'Proviso' in Section-3(4) in the said Act

5. Insertion of ‘Proviso’ in Section-3(4) in the said Act:- In section-3, in sub-section-(4), the following proviso shall be inserted, namely:-

"Provided that in matters of imparting distant education, there shall be no limit to the territorial jurisdiction of the University".

Section 6. Amendment of Section-4(1)(1)(a) of the said Act

6. Amendment of Section-4(1)(1)(a) of the said Act:- In section-4, in sub-section-4(1)(1)(a), the following words shall be inserted after the word ‘technology’ and before the sign and word and, namely-

"Excluding Agriculture and Veterinary Science"

Section 7. Amendment of Section-4(1)(1)(7) of the said Act

7. Amendment of Section-4(1)(1)(7) of the said Act:- In section-4, in sub-section-(1)(7) the following words shall be inserted after the word ‘University’ and before the word ‘and’, namely.

"With the prior approval of the State Government."

Section 8. Comission of Section-4(2) of the said Act

8. Comission of Section-4(2) of the said Act:- In section-4, sub-Section-(2) shall be omitted.

Section 9. Insertion of proviso in section-6(1) of the said Act

9. Insertion of proviso in section-6(1) of the said Act:- In section-6, in sub-section-(1), the following provisio shall be inserted, namely

"Provided that the university may also impart distant education programme in accordance with the syllabi prescribed by regulation."

Section 10. Deletion of words in Section-10(1) of the said Act

10. Deletion of words in Section-10(1) of the said Act:- In section-10, in sub-section-(1), the following words shall be deleted, namely

"And no person shall be deemed to be qualified to hold the office of the Vice-Chancellor of Kameshwar Singh Darbhanga Sanskrit University unless such person, in the opinion of the Chancellor, reputed for his Scholarship in Sanskrit or has made notable Contribution to Sanskrit Education."

Section 11. Substitution of the words in section-18(14) of the said Act

11. Substitution of the words in section-18(14) of the said Act:- In section-18, in sub-section-(14), the following words shall be substuted, namely

‘Ten’ by ‘Six’ and the word, ‘Three’ by ‘One’ respectively.

Section 12. Subsitution of the Section-18(15) of the Said Act

12. Subsitution of the Section-18(15) of the Said Act:- In section-18, for sub-section-(15), the following sub-section shall be substituted, namely:-

"One representative of the Scholar of regional language to be nominated by the Sate Government."

Section 13. Substitution of the Section-18(16) of the said Act

13. Substitution of the Section-18(16) of the said Act:- In section-18, for sub-section-(16), the following sub-section shall be substituted, namely:-

(a) "Minimum of ten teachers other then Deans, Principals and Head of University Department having at least five years teaching experience on substantive basis to be elected by and from amongst the regular teachers of the respctive constituent/Govt colleges in such a way that at least half of the total number of Constituent/Govt. Colleges get representation on rotational basis based on the seniority of Colleges."

(b) University Departments shall be represented by two elected teachers, one from Science/Commerce and other from Humanities/Social Science faculty, other than Deans and Heads of Department, having at least five years teaching experience on substantive basis.

(c) Permanently affliliated colleges (other than Government colleges) shall be represented by one elected regular teacher/principal having at least five years teaching experience on substantive basis.

Section 14. Comission of Section-18(17) of the said Act

14. Comission of Section-18(17) of the said Act:- In section-18, sub-section-17 shall be omitted.

Section 15. Insertion of words in section-19(1) of the said Act

15. Insertion of words in section-19(1) of the said Act:- In section-19, in sub-section-(1), the following word shall be inserted after the figure ‘64’ and before the sign namely:-

"--but such extended period shall not be more than one year."

Section 16. Insertion of words in section-22(2) of the said Act

16. Insertion of words in section-22(2) of the said Act:- In section-22, in sub-section-(2), the following words shall be inserted after the words "casual vacancy" and before the sign.

"--but such extended period shall not be more than one year."

Section 17. Substitution in section-24(1)(9) of the said Act

17. Substitution in section-24(1)(9) of the said Act:- In section-24, in sub-section-(1)(9), the word ‘Six’ and the words "may get representation" shall be substituted by words "substantively appointed" and words "be represented by one teacher", respectively.

Section 18. Insertion of words in section-24(2) of the said Act

18. Insertion of words in section-24(2) of the said Act:- In section-24, in sub-section-2, the following words shall be inserted after the words ‘vacancy’ and before the sign namely:-

"---but such extended period shall not be more than one year."

Section 19. Amendment in Section-26(1) of the said Act

19. Amendment in Section-26(1) of the said Act:-

(a) In section-26, in sub-section-(1), the words "other than the Kameshwar Singh Darbhanga University" shall be omitted.

(b) In sub-section-(1) the words and bracket "(Humanities and Social Sciences)" shall be inserted after the words, sign. "Faculty of Arts." and before the word "Science".

Section 20. Amendment in Section-26(4) of the said Act

20. Amendment in Section-26(4) of the said Act:- In section-26, in sub-section-(4), the words "Agriculture and Veterinary Science", wherever they appear, shall be omitted.

Section 21. Amendment of Section-26(6)(ii) of the said Act

21. Amendment of Section-26(6)(ii) of the said Act:- In section-26, for sub-section-(6)(ii), the following sub-section shall be substituted, namely.

"The Head of University Department shall be appointed for two years by rotation amongst University Professors and those Readers having not less than 8 years experience as Reader posted in the University Department. The rotation shall be made on the basis of seniority among teachers having experience of Post Graduate teaching and belonging to University Service Cadre".

Section 22. Omission of section-27 of the said Act

22. Omission of section-27 of the said Act:- Section-27 shall be omitted.

Section 23. Amendment of Section-29(1) of the said Act

23. Amendment of Section-29(1) of the said Act:- In section-29, in sub-section-(1) for the words "The Examination Board shall consist of the Vice-Chancellor as Chairman and Deans of the Faculties of Arts, Science & Commerce as members" the words "The Examination Board shall consist of the Vice-Chancellor as Chairman, Pro-Vice-Chancellor, Registar, Deans of faculties of Humanities and Social Sciences, Science and commerce as members and Controller of Examination as Secretary." shall be substituted.

Section 24. Amendment of Section-32(2)(d) of the said Act

24. Amendment of Section-32(2)(d) of the said Act:- In section-32, for sub-section-(2)(d), the following sub-section shall be subsituted, namely

"All University Professors and those Readers having at least-8 years experience as Reader posted in the University Department and Colleges imparting Post Graduate teaching in the Subject and".

Section 25. Amendment of section-32(2)(e) of the said

25. Amendment of section-32(2)(e) of the said:- In section-32, in sub-section-(2)(e), the words "Imparting Post Graduate teaching" shall be inserted after the words "four Teachers" and before the words ‘of the’.

Section 26. Amendment of section-36(6) of the said Act

26. Amendment of section-36(6) of the said Act:- In section-36, in sub-section-(6), for the words "Inter University Board" the "Department of Higher Education, Government of Jharkhand" shall be substituted and the proviso shall be omitted.

Section 27. Amendment of Section-41 of the said Act

27. Amendment of Section-41 of the said Act:- In section-41, for the words "Jharkhand Inter University Board" the words "Department of Higher Education, Government of Jharkhand" Shall be substituted.

Section 28. Amendment of section-45(i)(c) of the said Act

28. Amendment of section-45(i)(c) of the said Act:- In section-45, for sub-section-(1)(c), the following sub-section be substituted, namely

"The balance amount as respectively standing, immediately before the commencement of the Act, to the credit of Ranchi University, Ranchi (constitued and incorporated under the Bihar State University Act, 1960) (Bihar Act 14 of 1960) Sido-Kanhu-Murmu University (formerly Sidhu-Kanhu University), Dumka and Vinoba Bhave University, Hazaribagh both constituted and incorporated under the Bihar State University Act, 1976 (Bihar Act 9 of 1992)".

Section 29. Substitution of the section-57(1) of the said Act

29. Substitution of the section-57(1) of the said Act:- In section-57, for sub-section-(1), the following sub-section shall be substituted, namely

Subject to the provisions of this Act and the Statutes, the appointment and promotion of teachers and officers (other than Vice-chancellor, Pro Vice-chancellor, Proctor, Dean-Students Welfare, Co-ordinator, College Development Council and Deans of faculty) of the university & colleges (both constituent and affiliated) shall be made on the recommendation of the Jharkhand Public Service Commission.

Section 30. Substitution in section-57(2) and (57(3) of the said Act

30. Substitution in section-57(2) and (57(3) of the said Act:- In section-57, in sub-section-(2)(a) and sub-section-(3), for the words, "The Bihar State Universities constituent colleges) service comission" the words "Jharkhand Public Service Commission" shall be Substituted.

Section 31. Omission of section-57(4)(a), 57(4)(b) and 57(4)(c) of the said Act

31. Omission of section-57(4)(a), 57(4)(b) and 57(4)(c) of the said Act:- In section-57, sub-sections-(4)(a), (4)(b) and (4)(c) shall be omitted.

Section 32. Amendment of section-57A(1) of the said Act

32. Amendment of section-57A(1) of the said Act:- In section-57A, in sub-section-(1), for the words "College Service Commission" "Jharkhand Public Service Commission" shall be substituted wherever they occur in the sub-section.

Section 33. Commission of sections-57A(2)(a) and 57A(2)(b) of the said Act

33. Commission of sections-57A(2)(a) and 57A(2)(b) of the said Act:- In section-57A, the sub-sections 57A(2)(a) and 57A(2)(b) shall be omitted.

Section 34. Substitution in section-58(1) of the said Act

34. Substitution in section-58(1) of the said Act:-

Section 35. Substitution in section-58(8) of the said Act

35. Substitution in section-58(8) of the said Act:- In section-58, sub-section-(8) for the words "Inter University Board" the words "Directorate of Higher Education, Government of Jharkhand" shall be substituted.

Section 36. Omission of section-58(10) of the said Act

36. Omission of section-58(10) of the said Act:- In section-58, sub-section-(10) shall be omitted.

Section 37. Substitution of section-67(a) of the said Act

37. Substitution of section-67(a) of the said Act:- In section-67, for sub-section-(a), the following sub-section shall be substituted, namely-

"Notwithstanding anything to the contrary contained in any Act, Rules or any Judgement or decree of a Court, the date of retirement of teaching and non-teaching employee of the University or a college shall be the date on which he/she attains the age of sixty years."

"Provided that reappointment of teacher after retirement may be made in appropriate cases upto the age of Sixty-five years in the manner laid down in the Statute made in this behalf in accordance with the guidelines of the University Grants Commission."

Section 38. Omission of sections-79 and 80 of the said Act

38. Omission of sections-79 and 80 of the said Act:- Section-79 and 80 shall be omitted.