THE JHARKHAND STATE UNIVERSITY ACT,
2000 (ADAPTED)
[As Amended by Act 6, 2003]1
AN ACT
To establish and incorporate Affiliating-cum-Teaching Universities at
Muzaffarpur, Bhagalpur, Ranchi, Gaya (Bodhgaya) and
Darbhanga in the State of Bihar.
Be it enacted by the Legislature of the State of Bihar in the twenty-
seventh year of the Republic of India as follows:-
[Comments.-This Act has undergone various changes from time to time. While
some amendments have been brought by the Act of Legislature, many amendments were
introduced through Ordinances and continued for a long period, before being given the shape
of an Act of Legislature. Reference may be made to Amending Acts 68 of 1982, 3 of 1990, 9
of 1992, 17 of 1993, 12 of 1995, 16 of 1996, 8 of 1998 & 14 of 1998, while some of the
Amending Acts were in both, Hindi and English languages, some of them were published
only in Hindi, since some of the Ordinances preceding such Acts as were published only in
Hindi. Where having both the texts Hindi and English, by comparing the Hindi text of the Act
with the Hindi text of the Ordinance English text could be extracted, where the two Hindi
texts tallied exactly or involved minor translation. But where the two texts did not tally, Hindi
version of the amendment has been incorporated.]
1. Short title and commencement- (i) This Act may be called the Jharkhand
State Universities Act, 2000 (adapted)
(ii) It shall come into force at once.
(iii) In shall extend to the whole of the State of Jharkhand.
2. Definitions:- In this Act, unless there is anything repugnant
in the subject or context:-
(a) “annual meeting' means one of the meetings of the Senate to
be held every year under sub-section (1) of section 18 and
declared by the statutes to be the annual meeting of the
Senate;
(b) “autonomous institution' means any institution declared as
such under this Act and includes a College also;
(c) “affiliated College' means educational institution having
received privileges of the University according to the
provisions of this Act and University Statutes relating thereto;
(d) “Academic Council' means the Academic Council of the
University;
(e) “Chancellor' means the Chancellor of the University;
(f) “College' means an institution maintained or controlled by
the University or maintained by the State Government in
which instruction is given subject to the provisions contained
in clause (16) of section 4 to the students of the University up to
or below the postgraduate standard under conditions prescribed in the
Statutes:]
3[Provided that till separate arrangement is made for
Intermediate
________________________________
1. Published in Jharkhand Gazette (Ext. Ord.) dated 6.5.2003.
2. Subs. by Act 3 of 1990.
3. Subs. by Act 68 of 1982.
4. Section 1(1)(iii) ins. by Jharkhand Act 6, 2003.
Education, teaching of this standard also shall continue to be
imparted in the same College, under the general direction of the
Intermediate Education Council and that College shall be deemed to
be an institution imparting education of Intermediate standard also.]
(g) “Head of College Department' means the head of any department of
the College;
(h) “Head of a University Department' means the head of any department
maintained by the University for imparting instruction to the students
of the University in the post-graduate standard under conditions
prescribed in the Statutes and includes the Director of any institute
maintained by the University 1[or the Government] for the promotion
of research or for imparting instruction to the students of the
University in the post-graduate standard;
(i) “Constituent College' means a teaching institution maintained or
controlled by the University;
(j) “Hostel' means a place of residence for students of the University
maintained or recognized by the University either as part of or
separate from a College, in accordance with the provisions of this
Act;
(k) Institution' means an institution maintained or recognized by the
University;
(l) “Prescribed' means prescribed by this Act or by the Statutes, the
Ordinance, the Regulations or the Rules framed thereunder;
(m) “Principal' means the head of a College.
(n) “Pro-Vice-Chancellor' means the Pro-Vice-Chancellor of the
University;
(o) “Professor' means a teacher of a College possessing such
qualification as may be prescribed by the Statutes;
(p) 2[xxxxx]
(q) “Registered graduate' means a graduate of the University who has
received a degree from the University and whose name has been
entered in the register of registered graduates maintained under the
provisions of this Act on payment of a registration fee of rupees ten
to the University. It also includes a graduate of the Patna University
established and incorporated under the Patna University Act, 1917
(Bihar Act XVI of 1917) who has made a proper application together
with a fee of rupees ten for being registered as a registered graduate
of the University.
Provided that a person, who was or was deemed to be a
registered graduate under the Bihar State Universities (Bihar,
Bhagalpur and Ranchi University) Act, 1960 (Bihar Act XIV of
1960), the Magadh University Act, 1961 (Bihar Act IV of 1962) or
the Lalit Narayan Mithila University (second) Ordinance, 1976
(Bihar Ordinance No. LXXXVII of 1976), shall be deemed to be a
registered graduate of the University subject to the condition that the
College from which he graduated falls within the jurisdiction of the
University.
______________________________
1. Ins. by Act 68 of 1982.
2. Deleted by Act 17 of 1993.
Explanation -- A person, who has received more than one degree of the
University, shall not be required to pay such registration fee more than once.
(r) “Reader' means a teacher of a College or the University possessing
such qualifications as may be prescribed by the Statutes;
(s) “Lecturer' means a teacher of a College or University possessing
such qualification as may be prescribed by the Statutes;
(t) “Senate' means the Senate of the University;
(u) “Statutes' Ordinances', “Regulations' and Rules means respectively
the Statutes, the Ordinances, the Regulations and the Rules of the
University for the time being in force;
(v) “Teacher' includes Principal, University Professor, College Professor,
Reader, Lecturer, Demonstrator and other person imparting
instruction in department, college or institute maintained by the
University;
(w) “University Professor' means a teacher engaged in giving instruction
in any department or institute maintained by the University for
imparting instruction to the students of the University in the post
graduate standard or for guiding research work or both and
possessing such qualifications as may be prescribed by the Statutes;
(x) “Syndicate' means the Syndicate of the University;
(y) “University' means the University established and incorporated under
section-3 of this Act;
(z) “University Fund' means the fund of the University established under
section 45 of this Act;
(aa) “Vice-Chancellor' means the Vice-Chancellor of the University;
(ab) “Acharya' means a person on whom a degree of Acharya has been
conferred by the University, and includes a person possessing any
such degree conferred by the Bihar Sanskrit Association or any
equivalent degree recognized by the University;
(ac) “Bihar Sanskrit Association' means the Sanskrit Association
constituted by the State Government as referred to in Chapter-8 of
the Bihar Education Code (Seventh Edition);
(ad) “Sanskrit Education Board' means the Board constituted by the State
Government for control and supervision of 1[Sanskrit Schools/Tol]
for conducting examinations 1(upto Madhyama standard];
(ae) “Director' means head of any institute;
(af) “Faculty' means a faculty of the University;
(ag) “Recognition' with all its grammatical variations, and cognate
expressions means recognition according to the provisions of this Act
and Statutes;
(ah) “Registered Acharya' means a person registered as such according to
provision of this Act and Statutes and includes an Acharya registered
as such under the Kameshwar Singh, Darbhanga Sanskrit University
Act, 1962 (Bihar Act 21 of 1965);
(ai) “University student' means a person enrolled in any College,
institute or recognized institute for the purpose of entry in any
course
______________________________________
1. Ins. by Act 68 of 1982.
of study for acquiring any degree, diploma or other academic
destruction.;
(aj) “Tol' means a Sanskrit institute recognized by the Bihar Sanskrit
Association or the University for imparting instruction of Madhyama,
Shastri or Acharya standard;
1(ak) “The Jharkhand Public Service Commission' means the Jharkhand
Public Service Commission constituted by the State Government 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)'
(al) “Dean of Students Welfare' means the officer appointed under
section 16 of this Act;
2(am) “Other equivalent post' means any other post the scale of pay of
which is equivalent or as may be declared so by the State
Government;
3(an) “Other Backward Classes' shall have reference to Extremely
Backward, Backward Classes and Women of Backward Classes.
Legislative changes (after 1982)-Clauses (f) of this section originally read as
follows:-
"2.(f) 'Mahavidyalaya or College' means an institution affiliated under the
privileges of this Act or maintained or controlled by the University or institution
maintained by the State Government, in which, instruction is given, subject to the
provisions contained in clause (16) of Section 4 to the students of the University of
graduate standard under conditions prescribed in the Statutes.
Provided that till separate arrangement is made for Intermediate Education,
teaching of
this standard also shall continue to be imparted in the same College, under the general
direction of the Intermediate Education Council and that college shall be deemed to be
an institution imparting education of Intermediate standard also.'
It was first amended by Ordinance 35 of 1986 which was continued by successive
promulgations of different Ordinances and finally byAct 3 of 1990. .
All the above amendments have not carried with it the "Proviso" which was
attached with the original clause (f). However since separate arrangement for imparting
teaching up to Intermediate Standard has not been fully made till now, therefore 1t seems
that "Proviso" needs to be there with clause(f).
Clause (p) was deleted by Act 17 of 1993 although Act 17 of 1993 broke the
chain of preceding Ordinances the deletion of this clause was first taken up in Act 17 of
1993 and none of the preceding Ordinances contained its deletion. Therefore the effective
date of deletion of this clause is the date of Act 17 of 1993.
Clause (ak) as originally introduced and prior to its substitution by Ordinance 4 of
1985 and finally by Act 3 of 1990 read as follows:-
(ak) “College Service Commission' means the College Service Commission
constituted under the College Service Commission Act 1976.'
Clause (an) was inserted by Act 17 of 1993, so the effective date from which
clause (an) came into existence is the date when Act 17 of 1993 came in to force.
3. Establishment and incorporation of Universities:- 4[(1) The following Universities
shall be established from the date of commencement of this Act:
(a) Baba Saheb Bhimrao Ambedkar Bihar University having the head quarters
atMuzaffarpur and the jurisdiction over thewhole of the TirhutDivision.
_____________________________________
1. Subs. by JharkhandAct 6 of 2003.
2. Ins. byAct 68 of 1982.
3. Ins. byAct 17 of 1993.
4. Subs. byAct 9 of 1992.
(b) Jai Prakash University having the headquarter at Chapra and the
jurisdiction over the whole of the Saran Division.
(c) Tllka Manjhi Bhagalpur University having the headquarters at
Bhagalpur and the jurisdiction over the whole of the Bhagalpur
Division.
(d) 1[Sido-Kanhu Murmu] University having the headquarters at Dumka
and the jurisdiction over the whole of the Dumka Division.
(e) Ranchi University having the headquarters at Ranchi and the
jurisdiction over the whole of the South Chhotanagpur Division.
(f) Vinoba Bhave University having the headquarters at Hazaribagh and
the jurisdiction over the whole of the North Chhotanagpur Division.
2[Provided that the territorial jurisdiction shall extend to the whole of State
of Jharkhand in matters pertaining to educational institutions imparting teaching in
Homeopathy, Indigenous medicines and educational institutions imparting
academic distinction in Sanskrit, Pali, Prakrit and such other languages which the
University may consider necessary.
(g) Magadh University with headquarters at Bodhgaya (Gaya) and the
jurisdiction over the whoie of the Magadh Division and (excluding
the Colleges falling under the jurisdiction of Patna University) Patna
and over Nalanda District of Patna Division.
(h) Vir Kunwar Singh University having the headquarters at Anah and
the jurisdiction over the remaining parts of the Patna Division
excluding Patna and Nalanda Districts.
(i) Lalit Narain Mithila University having the headquarters at
Darbhanga and the jurisdiction over the whole of the Darbhanga
Division.
(j) Bhupendra Narain Mandal University having the headquarters at
Madhepura and the jurisdiction over the whole of the Koshi and
Purnea Divisions.
(k) Kameshwar Singh Darbhanga Sanskrit University having the
headquarters at Darbhanga and the jurisdiction over the whole of the
State of Bihar.
(l) Maulana Mazharul Haque Arabic and Persian University having the
headquarters at Patna and the jurisdiction over the whole of the State
of Bihar, shall, for development of higher standard studies in Arabic
and Persian be established by the State Government with effect from
the date of notification in the Official Gazette :
Provided that the State Government may, by notification,
in the Official Gazette, determine the functions and other duties
of this University:
Provided further that the State Government may, by notification, in the
Official Gazette, change the territorial jurisdiction of the Universities.]
(2) The first Chancellor or the first Vice-Chancellor, first member of the
Senate, the Syndicate and the Academic Council and all persons who may
hereafter becomes such officers or members and so long as they continue to hold
such office or membership shall together constitute body corporate by the name of
the University specified in sub-section (1).
________________________________
1. Subs. by Jharkhand Act 6 of 2003.
2. “Proviso' added by ibid.
(3) The University shall have perpetual succession and a common seal and
shall sue and be sued by the said name.
(4) No educational institution beyond the territorial jurisdiction of the
University, shall, except by an order of the State Government published in the
official gazette, form a part of or be admitted to the privileges of the University.
And no such institution within the said territorial jurisdiction shall similarly form
part of or be recognized by or seek admission to any privileges of any other
University incorporated by law in India, and any such recognition granted by any
such other University to any such institution within the said territorial jurisdiction
prior to the commencement of this Act shall be deemed to have been withdrawn on
the commencement of this Act.
1 ["Provided that on matters of imparting distant education, there shall be no
limit to the territorial jurisdiction of the University".
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ukjk;.k fefFkyk fo'ofo|ky; dh vf/kdkfjrk dks'kh ,oa iwf.kZ;k ize.My dks NksM+dj jg tk;sxhA]
____________________________________
1. “Proviso' added by Jharkhand Act 6 of 2003.
2. Published in Bihar Gazette (Ext. Ord.) dated 12.9.1996.
3. Published in Bihar Gazette (Ext. Ord.) dated 17.8.1992.
Legislativechanges (after 1982)-Thi s section originally read as follows:-
"3.Establishment and incorporation of Universities :- (1) With effect from the
commencement of this Act ,there shall be established the following Universities, namely:-
(a) the Bihar University with head-quarters at Muzaffarpur and territorial
jurisdiction over the whole of the Tirhut and Saran Division;
(b) the Bhagalpur University with head-quarters at Bhagalpur territorial
jurisdiction over the whole of the Bhagalpur Division;
(c) the Ranchi University with headquarters at Ranchi and territorial
jurisdiction over the whole of the North and South Chhotanagpur
Divisions;
(d) the Magadh University with headquarters at Both Gaya.(Gaya) and
territorial jurisdiction over the whole of Patna and Magadh Divisions
excluding the Colleges falling within the territorial jurisdiction of the
Patna University as defined in section 4 of the Patna University Act,
1976.
(e) the Lalit Narain Mithila University with headquarters at Darbhanga and
territorial jurisdiction over the whole of the Darbhanga and
Kosi Divisions;
(f) the Kameshwer Singh Darbhanga Sanskrit University with
headquarters at Darbhanga and territorial jurisdiction over the whole
of the State of Bihar:
Provided that the State Government may, by notification in the official gazette, alter
the territorial jurisdiction of the University.
(2) The first Chancellor or the firstVice-Chancellor, first member of the Senate,
the Syndicate and academic Council and all persons who may hereafter become
such officers ormembers and so long as they continue to hold such office of
membership shall together, constitute a body corporate by the name of the
University specified in sub-section (1),
(3) The University shall have perpetual succession and a common seal and shall sue
and be sued by the said name.
(4) No educational institution beyond the territorial jurisdiction of the University,
shall, except by anorder of the State Government published in the official
.
gazette, form a part of or be admitted to the privileges of the University. And
no such institution within the said territorial jurisdiction shall similarly form
part of or be recognised by or seek admission to any privileges of any other
University incorporated by law in India, and any such recognition granted by
any such other University to any such institutionwithin thesaid territorial
jurisdiction prior to the commencement of this Act shall be deemed to have
beenwithdrawn on the commencement of this Act."
ByAct 3of1990 this sectionwas again substituted as follows :
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fooj.k ,oa vU; dk;ksZa dks fu/kkZfjr dj ldsxhA
(2) The first Chancellor or the first Vice-Chancellor, first member of the Senate, the
Syndicate and the Academic Council and all persons who may hereafter become
such officers or members and so long as they continue to hold such office or
membership shall together constitute a body corporate by the name of the
University specified in sub-section (1).
(3) The University shall have perpetual succession and a common seal and shall sue and
be sued by the said name.
(4) No educational institution beyond the territorial jurisdiction of the University, shall, except
by an order of the State Government published in the official gazette, form a part of or
be admitted to the privileges of the University. And no such institution within the
said territorial jurisdiction shall similarly form part of or be recognised by or seek
admission to any privileges of any other University incorporated by law in India, and
any such recognition granted by any such other University to any such institution
within thesaid territorial jurisdiction prior to the commencement of this Act shall be
deemed to have been withdrawn on the commencement of this Act."
However, it may be noticed that while all the sections of Amendment Act 3 of
1990 were introduced from 3.1.1990 its section 3 was to come into force from a date
to be notified. This section was again substituted by Act 9 of 1992.
4. Purposes and powers of the University.—(1) There shall be the following
purposes and powers of the University :-
1. (a) to provide for imparting instruction in such branches of learning as
the University may think fit including professional studies and technology
excluding Agriculture and Veterinary Science; and
(b) to provide for research and for the advancement and dissemination of
knowledge.
2. To conduct examinations and to grant and confer degrees, diploma, certificate and
other academic distinctions to and upon persons who-
(a) have pursued an approved 6ourro of study in the University and passed the
examination of the University, under the conditions, laid down in the
Statutes, the Ordinances or the Regulation ;
(b) are teachers, librarians and laboratory assistants in educational institutions
or any other persons under such conditions as may be prescribed in the?
Statutes, the Ordinances and the Regulations and have passed the
examination of the University under like conditions; or
(c) have carrier on independent research under conditions laid down in the
Statuses, the Ordinances or the Regulations :
_________________________________
1. Word “Excluding Agriculture and Veterinary Science' ins. by Jharkhand Act 6,
2003.
1[ Provided that for the said purpose it shall be lawful for the State Government to get the
syllabus prescribed, teaching done, examinations conducted and results published upto
Prathama and Madhyama standard under the Sanskrit Education Board with effect from
the date of notification in the Gazette.]
(3) to confer honorary degrees or o1her distinctions upon person approve in the
manner prescribed in the Statutes ; .
(4) to provide such lectures and instructions for, and to grant such diplomas to,
persons not being members of the University,as the University may determine;
(5) to inspect all colleges, University departments and hostels ;
(6) to co-operate with other Universities and authorities in such manner and for
such purposes as the University may determine ;
(7) to institute Professorships, Readerships, Lecturerships and any other teaching
posts required by the University 2[with the prior approval of the State-
Government] and to appoint qualified persons to such posts of Professor, Reader,
Lecturer and teacher ;
(8) to recognise teachers as qualified to give instruction in Colleges ;
(9) to institute and award fellowships including travelling fellowships, scholarships,
exhibition, medals and prizes in accordance with the Statutes, the Ordinances and t
he Regulations ; .
(10) to establish, maintain and manage Colleges and hostels and to recognise
Colleges and hostels not maintained by the University ;
(11) to demand and receive fees under the Ordinances ;
(12) to supervise and control the residence · and discipline of students of Colleges
and the University ;· .
(13) to make arrangement for promoting t he health and general welfare of students
and for that purpose to have powers to appoint and constitute such
committees as may be prescribed in the Ordinances ;
(14) to enter into agreement with other bodies and persons for promoting the
purposes of this Act and to assume the management of any institution under
them and to take over its assets and 1iabilities ;
Provided that before entering into such an agreement the University shall obtain
the sanction of the State Government, or shall do so upon receiving such a
proposal from the State Government : ·
Provided further that if at any time any irregularity is found in determination and
payment of any pay, special pay or allowances, or in any appointment in an
institution taken over by the University in its management under such an
agreement, then, notwithstanding anything to the contrary contained in this
Act, the University shall have the powers to take decisions after reviewing it
and such a decision shall be final and binding ;
(15) To hold and manage, subject to conditions and restrictions prescribed by the
Statutes, endowment bequest, gift or any other transfer of property made to aCollege for
1ts benefit just before the commencement of this Act or to get it held and managed by such
agencies, which were managing the said endowment be- quest, gift or other trust
property just before the commencement of this Act·
____________________________
1. Ins. by Act 68 of 1982.
2. Ins. by Jharkhand Act 6 of 2003.
(16) to undertake the conduct of post-graduate teaching, research and work in
departments maintained by the University or the State Government :
(17) It shall be necessary for the University to arrange and provide for post-graduate
teaching in any College at any time and to utilize for the said purposes, the buildings of
that College or any portion thereof, and such members of the staff and the articles of
furniture, library, books, stores, instruments and other equipments of that College as may
be prescribed;
(18) to centralize the conduct of undergraduate teaching in any subject or subjects with
a particular standard and where the University decides to centralize the conduct of such
undergraduate teaching, it shall be lawful for the University to arrange and provide for
centralized delivery of lectures in such subject or subjects and to utilize the buildings,
staff member, furniture, libraries, books, laboratories, stores, instruments and other
equipments of one or more College as may be prescribed for that purpose;
(19) to affiliate or disaffiliate Colleges according to Statutes subject to prior approval
of the State Government;
1[Provided that after the promulgation of Intermediate Education Council Ordinance,
1979, recognition to Intermediate College shall be granted by the Intermediate Education
Council.]
(20) to declare, subject to condition as may be prescribed in the Statutes, the existing
Colleges or Institutes as autonomous College or institute, as the case may be;
(21) to have power as may be prescribed to constitute or dissolve the administrative
body of an affiliated College of the University which is not a Government College;
(22) to do all such other acts and things, whether incidental to the powers
aforesaid or not, as may be requisite in order to further the objects of the
University as teaching and examining body, and to cultivate and promote arts,
science and other branches of learning.
(2) 2[x x x ]
5. University open to all classes, castes and creeds.- No person shall
be excluded from membership of any of the authorities of the University
or from admission to any degree or course .of study on the sole ground
of sex, race, descent, class, caste or political belief. It shall not be lawful
for the University to adopt or impose on any person any test whatsoever
relating to religious or political belief or profession, in order to entitle him
to be admitted thereto as a teacher or student, or to hold any office or
appointment therein, or to graduate thereat or to enjoy or exercise any
privilege thereof, except where in respect of any particular benefaction
accepted by the University, such test is made a condition thereof by any
testamentary or other instrument creating such benefaction :
Provided that nothing contained in this section shall restrain the
University fromreservingpostsandappointments infavourof 1[scheduled
castes, schedule tribes, backwardclasses,womenand economicallyweaker
sections.]
Legislative changes-By Act 68of 1982for the words "Scheduled Castes & &ScheduledTribes',word
“ScheduledCastes,ScheduledTribes,BackwardClasses,WomenandEconomicallyweakerSections'weresubstituted.
________________________________________________
1. Ins. by Act 68 of 1982.
2. Section 4(2) omitted by Jharkhand Act, 6 ,2003.
6. Teaching of the University.-(1) All recognized teaching in connection with
University courses shall be conducted through the Colleges and
through departments maintained by the University, subject to general
control of the Vice- Chancellor, and shall include lecturing, work in
laboratories or workshops, and other teaching work conducted in the
University and the College by the University Professors, Readers,
Lecturers arid other teachers in accordance with any syllabus prescribed by
the Regulations.
1 [Provided that the university may also impart distant education
programme in accordance with the syllabi prescribed by regulation"
(2) The authorities responsible for organising such teaching shall
be prescribed by the Statutes.
(3) The courses and curricula shall be prescribed by the
Regulations.
(4) In addition to recognised teaching, tutorial and other
supplementary instruction shall be given in the colleges subject
to the control of the University or in the department maintained
by the University.
(5) (i) It shall not be lawful for the University or for any
College to maintain classes for the purposes of preparing
students for admission to the University.
2(ii) In the Faculties of Arts, Science and Commerce, the University
shall prescribe the syllabus, conduct teaching, hold
examinations and publish results of graduate and above
standards :
Provided that until separate arrangement for Intermediate
Education is made, the college shall under the general direction of the
Bihar Intermediate Education Council continue the teaching work etc.,
of this standard.
(iii) The graduate course shall be of three years' duration.]
(6) 3(x x x x)
Legislative changes (after 1982)- Clauses II and III of sub-section 5 of this section are the
only provisions which has undergone changes in this section. Clauses II & III originally read as
follows:-
Clause II- “In the faculties of Arts, Science and Commerce, the University shall
prescribe the syllabus, conduct teaching, hold examinations and publish
results upto Intermediate Standard till the Intermediate Education Council
is established and notification in that respect is published in the official
Gazette.
Provided that until separate arrangement is made for Intermediate
Education the college shall continue the teaching work etc. of this standard
as before, under the general direction of the Intermediate Education
Council.'
Clause III- “The graduate course shall be of two year’s duration at the end of which
there shall be a public examination.'
Clause III- was substituted by Ordinance, 14 of 1993 as follows:-
“(iii) The graduate course shall be of three years duration. The Courses of
studies and the conduct examination shall be in accordance with statutes,
rules and regulations made in this regard from time to time.'
Act 17 of 1993 which repealed Ordinance 14 of 1993 substituted
clause II and retained clause III (as substituted by Ordinance 14 of 1993)
with some changes.
Sub-section 6 of section 6 deleted by Act 68 of 1982.
____________________________________________________
1. “Proviso' ins. by Jharkhand Act 6 of 2003
2. Subs. by Act 17 of 1993.
3. Omitted by ibid.
4. Subs. by Act 68 of 1982.
4[7. Officers of the University,—The following shall be the officers of the
University:-
(1) The Chancellor,
(2) The Vice-Chancellor,
(3) The Pro Vice-Chancellor,
(4) The Financial Adviser,
(5) The Dean, Students' Welfare,
(6) Proctor,
(7) Registrar,
(8) Inspector of Colleges,
(9) Finance Officer, and
(10) Such other person or persons as may be declared officers of the Universities
by the Statutes.
1 [8. Transfer of Officers.— Officers of the University under serial nos. 4 to 9 of
section 7, may be transferred by the Chancellor to another University on the same or
any other equivalent post or within the University on any other equivalent post.]
Legislative changes after (1982)- This section was submitted by Bihar Ordinance
39 of 1986 and continued till finally Act 3 of 1990 was passed breaking the chain
of Ordinances. Prior to its substitution this section read as follows:
“8 Transfer of Officers- (i) The officers of the University (excluding the
Chancellor, the Vice-Chancellor, the Pro-Vice-Chancellor, Dean, Students’
Welfare and Proctor) may be transferred by the Chancellor on the
recommendation of the Vice-Chancellor or otherwise, to an equivalent post in
another University.
(ii) The Vice-Chancellor may transfer officers mentioned in serials (5) to (8) in
Sub-section (1) of section 7 to any equivalent post or revert them to their
substantive post in the same University.'
9. The Chancellor.—(1) The Governor of Bihar shall be the Chancellor and
shall, by virtue of his office, be the head of the University and the
President of the Senate, and shall, when present, preside over meetings of
the Senate, and at any convocation of the University.
(2)The Chancellor shall have the powers to inspect the University, its buildings,
laboratories, workshops and equipment, any College or hostel, the teaching or
examinations conducted, or any act done by the University, and to get such inspection
done by such person or persons who may be directed by him and to inquire or to cause
an inquiry made, in like manner, in respect of any matter connected with the
University 2[and it shall be the-duty of the officers of the concerned University and
College to render necessary, assistance in such inspection :]
Provided that the Chancellor shall, in every case, inform the Vice-Chancellor of
his intention to inspect or inquire or to get the inspection or enquiry conducted and the
University shall be entitled to representation therein.
____________________________________
1. Subs. by Act 3 of 1990.
2. Ins. by Act 68 of 1982.
(3) (a) The Chancellor may send the results of such inspection or inquiry
to . the Vice-Chancellor and the Vice-Chancellor shall communicate the views of
the Chancellor to the Syndicate and the Academic Council.
(b) The Syndicate and the Academic Council shall report to the Chancellor within the
specified period, such action. if any as has been taken or is proposed to be taken upon
the results of such inspection or enquiry.]
(c) Where the Syndicate and the Academic Council fail to take action up to the
satisfaction of the Chancellor within a reasonable time, the Chancellor may, after
considering the explanation furnished or representation filed by 2[xxx] the Syndicate
and the Academic Council, give such direction as he considers fit and the Syndicate
and the Academic Council shall at once comply:
1[ Provided that notwithstanding anything contained in sub-section (3) the
Chancellor, if he deems necessary, on the basis of report received from the Vice-
Chancellor or otherwise, may call for explanation from any teacher or officer of the
University or colleges affiliated-to it and after the consideration on the charges, issue
such direction as he deems fit, and the Vice-Chancellor, the Syndicate and the
Academic Council or the Governing body or Ad hoc committee, as the case may be
shall comply with it within the specified period.]
4[(4) The Chancellor may, by order in writing, annul any proceeding or order of
the University which is not in conformity with this Act, the Statutes, the Ordinance
or the Regulation or for which adequate reason is lacking :
Provided that before making any such order or direction he shall call upon the
University to show cause within the time specified why such order or direction
should not be made, and if any cause is shown within the said time limit, he shall
consider the same.]
1[4 ¼d½] dqykf/kifr vius }kjk ikfjr fdlh vkns'k dks iqufoZyksfir dj ldsxk vFkok okil ys
ldsxk ;fn og ,slk iqufoZyksiu ;k okilh U;k; dh n`f’V ls mfpr le>s vFkok vfHkys[kksa ds vk/kkj ij
iwoZ eas ikfjr vkns'k dks xyr ik;sA
(5) Every proposal' for the conferment of an honorary degree shall be subject
to confirmation of the Chancellor.
(6) Where power is conferred upon him by this Act or the Statutes to
nominate persons to authorities and bodies of the University, the
Chancellor shall, to the extent necessary and without prejudice to such
power, nominate persons to represent interests not otherwise represented.
(7) The Chancellor shall have power to transfer the officers and teachers of
the Universities from one University to another or in the same University
on the same post or on any other equivalent post; the transferees shall retain
their respective seniority.
(ii) The Chancellor shall have the power to issue direction to the
Universities in the administrative or academic interest of the
Universities which he considers to be necessary. The direction
issued by the Chancellor shall be implemented by the Vice—
Chancellor, Syndicate, Senate and other bodies of the Universities
as the case may be.
________________________________
1. Subs. by 68 of 1982.
2. Omitted by ibid.
3. Ins. by Act 3 of 1990 and Sub-Sec. (7) renumbered as Sub-Section (8)
(iii) Any person aggrieved by such order of the Chancellor may file
representation to the Chancellor, who on consideration of the
representation snail have the power to affirm, modify or rescind
his earlier order and pass such other order or orders which he may
deem fit and proper.
1[(8) The Chancellor shall have such other powers as are conferred on
him by this Act or the Statutes.]
Legislative changes (after 1982)- Sub-section 7 of this section was
inserted and existing sub-section 7 re-numberred as sub-section 8 by Ordinance
39 of 1986 which was continued by successive ordinances till the enactment of
Act 3 of 1990.
10. The Vice-Chancellor – (1) No person shall be deemed to be qualified to hold
the office of Vice-Chancellor unless such person is, in the opinion of the Chancellor,
reputed for his scholarship and academic interest 2[xxx]
(2) The Vice-Chancellor shall be appointed by the Chancellor in
consultation with the State Government.
3[(3) (a) The Vice-Chancellor shall be whole time officer and shall hold
office during the pleasure of the Chancellor.
(b) Subject to the foregoing provisions of this section the Vice-
Chancellor shall ordinarily hold office for a term of three years
and on the expiry of the said term he may be reappointed by the
Chancellor in consultation with the State Government and he shall
hold office at the pleasure of the Chancellor for a term not
exceeding three years.]
3[4¼i½ mudh fu;qfDr ds vU; ca/kst vkSj “kRrZ jkT; ljdkj ds ijke'kZ ls dqykf/kifr
vo/kkfjr djsaxsA
(ii) tgkWa dqyifr ds :Ik esa fu;qDr O;fDr dsUnz ;k jkT; ljdkj ;k fdlh fo'ofo|ky;
ls ;k fdlh vU; Lkzksr ls isa'ku ikrk gks okgWa mlds ns; isa'ku dh jkf'k dks mlds
ns; isa'ku dk va'k ekuk tk;sxkA
(5) The Vice-Chancellor shall be the principal executive and
academic officer of the University, the Chairman of the Syndicate
and of the Academic Council and shall be entitled to be present
and speak at any meeting of any authority or other body of the
University and shall in the absence of the Chancellor preside over
meetings of the Senate and of any convocation of the University :
Provided that the Vice-Chancellor shall not vote in the first
instance but shall have and exercise a casting vote in the case of
an equality of votes.
(6) The Vice-Chancellor shall subject to the provisions of this Act, the
Statutes and the Ordinances have power to make appointment to posts within the
sanctioned grades and scales of pay and within the sanctioned strength of the
ministerial staff and other servants of the University not being teachers and officers of
the University and have control and full disciplinary powers over such stall and
servants.
4[¼7½ dqyifr dks flusV] mldh lfefr;kWa ,oa mi lfefr;kWa] flUMhdsV] mldh
lfefr;ksa ,oa mi lfefr;ksa] fo}r ifj’kn~ ,oa fo'ofo|ky; ds vU; izkf/kdkjksa dh cSBd cqykus
dh “kfDr gksxh ,oa og mu cSBdksa dk insu lHkkifr gksxk rFkk viuh vyH;rk ds dkj.k fdlh
vU; vf/kdkjh dks cSBd cqykus ,oa mldk lHkkifrRo djus gsrq izkf/kdr̀ dj ldsxkA
_______________________________
1. Ins. by Act 3 of 1990 and Sub-sec. (7) renumbered as Sub-Section (8) .
2. Word “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 is in the opinion of the
Chancellor, reputed for his Scholarship in Sanskrit or has made notable contribution to Sanskrit
Education' deleted by Jharkhand Act 6 of 2003.
4. Subs. by Act 68 of 1982.
og mu cSBdksa dk insu lHkkifr gksxk rFkk viuh vyH;rk ds dkj.k fdlh vU;
vf/kdkjh dks cSBd cqykus ,oa mldk lHkkifrRo djus gsrq izkf/kdr̀ dj ldsxkA
(8) The Vice-Chancellor shall have the powers to visit and inspect the
Colleges and buildings, laboratories, workshops and equipments
thereof and any other institution associated with the University, and
he shall have the right of making an inquiry or causing an inquiry to
be made, in like manner in respect of any matter connected with
such Colleges and institutions.
(9) The Vice-Chancellor shall address the Principal of such College with
reference to the result of such inspection or inquiry and, thereupon, it
shall be the duty of such Principal to communicate the views of the
Vice-Chancellor to the governing body of the College and to report
to the Vice-Chancellor such action, if any, taken or proposed ft be
taken upon the result of such inspection or inquiry.
(10) It shall be lawful for the Vice-Chancellor to issue, from time to time,
any direction to the Principal of a College in which post-graduate
teaching conducted under clause (16) of section A and such Principal
shall comply with all such directions accordingly.
1[(11) The Vice-Chancellor shall exercise general control over the
educational arrangement of University and shall be responsible for
the discipline o( the University. It shall be lawful for the Vice-
Chancellor to take all steps which are necessary for maintaining the
academic standard and administrative discipline of the University.]
(12) If at any time, except when the Syndicate or the Academic Council is in
session, the Vice-Chancellor is satisfied that an emergency has arisen requiring him
to take such immediate action involving the exercise of any power vested in the
2[Syndicate or Academic Council] by or under this Act, the Vice-Chancellor shall take
such action as he deems fit, and shall report the action taken by him to such authority
which may either confirm the action so taken or disapprove of it.
(13) It shall be the duty of the Vice-Chancellor to see whether the proceeding of
the University are carried on in accordance with the provisions of this Act,
the Statutes, the Ordinance, the Regulations and the Rules or not and the Vice
Chancellor shall report to the Chancellor every proceeding which is not in conformity
with such provisions.
For so long as the orders of the Chancellor are not received on the
report of the Vice-Chancellor that the proceeding of the University is not in
accordance with this Act, the Statutes, the Ordinance,' the Regulation and the Rules,
the Vice-Chancellor shall have the powers, to stay the proceeding reported against.
[14] dqyifr dks fo'ofo|ky; }kjk ?kksf"kr fdlh foHkkx ;k egkfo|ky; ds fdlh f’k{kd dks
dqykf/kifr }kjk Lohd`r ekxZ funsZ’kd fl)kUr ds vuqlkj ml fo’ofo|ky; }kjk ?kksf"kr fdlh
vU; foHkkx ;k egkfo|ky; ds fdlh led{k in ij LFkkukUrfjr djus dh 'kfDr gksxhA]
4[Illustration-‘equivalent post1 means Reader and Principal in the pay - scale
of Reader, Professor and Principal in the pay-scale of .Professor.]
(15) The Vice-Chancellor shall exercise such other powers and perform such other
duties as are conferred or imposed on him by this Act, the Statutes, the Regulations or
the Rules.]
____________________________________
1. Subs. by Act 3 of 1990.
2. Subs. by Act 68 of 1982.
3. Ins. by ibid and existing sub.sec.(14) made(15) thereof.
4. Ins. by Act 3 fo 1990.
[(16) The Vice-Chancellor shall have overall responsibility in maintaining good
academic standard and promoting the efficiency and good order of the
University.
(17) Save as otherwise provided in the Act, or the Statutes the Vice- Chancellor
shall appoint officer (other than ifte Pro-Vice-Chancellor) with the approval of the
Chancellor, and teachers and shall define their duties;
(18) The Vice-Chancellor shall hare power to take disciplinary action against all
employees of the University including officers and teachers of the University;
(19) An appeal shall lie to the Chancellor against the order of the Vice- Chancellor
imposing the penalty of dismissed, removal from service or education in rank.]
Legislative changes(after 1982)- This section has registered following changes;
(i) Substitution of sub-section(3),(4), (11),
(ii) Insertion of illustration of sub-section (14) and
(iii) Insertion of sub-sections (16) to (19).
The amendments having started from Ordinance 39 of 1986 till Act 3 of 1990
provides different date of effect to the different amendments made in the section.
The date of effect for the substitution of sub-section (11), insertion of
illustration to sub-section (14) and insertion of sub-section (16) to (19) is 17.12.1986
when Ordinance 39 of 1986 was promulgated. The substitution of sub-section (3) is
effective from 18.4.1987 when Ordinance 13 of 1987 was promulgated.
The substitution of sub-section (4) is effective from 30.1.1990 being the date of
enactment of Act of 1990.
Sub-section-(3), (4) and (11) originally read as follows:-
“(3) The Vice-Chancellor shall be a whole time officer and shall hold
office for a period of three years with effect form the date on which he assumed charge.
On the expiry of said period, he may be re-appointed for another term not exceeding
three years.'
“(4) (i)The Vice-Chancellor shall be paid a salary of three thousand
rupees per mensem. Other terms and conditions of his appointment shall be determined
by the Chancellor in consultation with the State Government.
(ii) Where the persons appointed as Vice-Chancellor is in receipt
of a pension from Central or State Government the amount of the pension payable to
him shall be treated as part of the salary specified in clause(i)'.
“(11) The Vice-Chancellor shall give effect to the orders of Syndicate
regarding the appointment, transfer, dismissal or suspension of an officer or teacher of
the University and shall exercise general control over the educational arrangements of
the University and shall be responsible for the discipline of the University'.
11. Removal of Vice-Chancellor.—-(1) If at any time and after such inquiry as
may be considered necessary, it appears to the Chancellor that the Vice-
Chancellor-
(i) has failed to discharge any duty imposed upon him by or this Act, the
Statutes, the Ordinances, or
(ii) has acted in a manner prejudicial to the interests of the University, or
(iii) is incapable in managing the affairs of the University, then the Chancellor
may, notwithstanding the fact that the term of office of the Vice-
Chancellor has not expired, require, the Vice-Chancellor an order in
writing stating the reason therefore, and after consulting the State
Government, to resign his post from the date, as may be specified in the
order.
____________________________________
1. Ins by Act 3 of 1990.
2. (2) No orders under sub-section (1 )shall be passed unless a notice stating
the specific grounds on which such action is proposed has been served and
a ‘ reasonable opportunity to show cause against the proposed order has
been given to the Vice-Chancellor.
(3) On and from the date specified in sub-section (1)r it shall be deemed
that the Vice-Chancellor has resigned his post and the office of the
Vice-Chancellor shall be deemed vacant.
1[12. Pro-Vice-Chancellor.—(1) The Chancellor shall appoint the Pro- Vice-
Chancellor, in consultation with the State Government.
(2) The Pro-Vice-Chancellor shall be a whole-time officer of the University. He
shall hold office, on such conditions as may be determined, by the Chancellor, in
confutation with the State Government, for a period not exceeding three years during
the pleasure of the Chancellor.
2[(3) Where the person appointed as Pro-Vice-Chancellor gets pension from the Central
or the State Government or any University or from any other source, the amount of
pension due to him from such source shall be deemed to be the part of his salary
as Pro-Vice-Chancellor.]
2(4) Subject, to the provisions of this Act, the Pro-Vice-Chancellor shall exercise
such powers and perform such duties as may be prescribed or as may be
conferred or imposed on him, from time to time, by the Vice-Chancellor.]
2[(5) 3[The Pro-Vice-Chancellor shall be responsible for admission and conduct of
the examination up to Bachelor course and the publication of the result of the
examination conducted by the University up to Bachelor course and shall be
responsible for student welfare.]
1[12A. Financial Adviser.—(1) The Financial Adviser shall be a whole time officer.
He shall be appointed by the Chancellor either on deputation or by re-employment
from amongst the officers of the Indian Audit and Account Services or from any other
Accounts Service of Government of India. Until such an officer is appointed the
present incumbent may continue to work as the Financial Adviser.
(2) The terms, and conditions of service of the Financial Adviser shall be
determined by the Chancellor in consultation with the State Government and he
shall ordinarily hold the post for three years.
(3) In all proposals having financial implication the advice of the Financial Adviser
shall be mandatory.
(4) The Financial Adviser shall ex-Officio member of the Finance Committee.
(5) The Financial Adviser shall work under the Administrative control of the
Vice-Chancellor and Finance Officer shall work directly under the control
of the Financial Adviser.
(6) It shall be the responsibility of the Registrar to obtain the advice of the
Financial Adviser on all matters having financial implication. Moreover, it
shall be the responsibility of the Registrar to mention specifically at the time,
of placing such a proposal before the Syndicate that the concurrence of the
Financial Adviser has been obtained or that he has not concurred the
proposal.
____________________________________
1. Subs. by Act 68 of 1982.
2. Ins by Act 17 of 1993 and sub-secs. 3&4 renumbered as sub-secs. 4&5 ibid.
3. Ins. by Act 3 of 1990.
(7) If in any financial proposal the Vice-Chancellor or the Syndicate takes a
decision contrary to the advice of the Financial Adviser, such a decision shall
not be Implemented and shall be forwarded by the Vice-Chancellor to the Chancellor,
whose decision in the matter shall be final and binding.
(8) Preparation of the University Budget Maintenance of accounts audit of
accounts from time to time, compliance of the audit objections, timely receipt
of grants from the State Government in accordance with the approved budget and
also of grants from the University Grant Commission, arrangements for keeping the
same properly and timely submission of utilization certificate of the University grants
in the prescribed manner shall be the responsibility of the Financial Adviser.
(9) It shall also be the responsibility of the Financial Adviser to see that all
financial matters of the University are submit with a accordance with the Act, the
Ordinance, the Statutes, the University Ordinance, Regulations and Rules framed
thereunder.]
1 [13. Arrangement of work during temporary absence of the Vice-
Chancellor— (1) During the temporary absence of the Vice-
Chancellor by reason of leave, illness or for any other cause, the
information of which shall immediately be communicated to the
Chancellor by the Vice-Chancellor, the Pro-Vice-Chancellor or the
Registrar, the Chancellor may take such arrangement for the
performance of the duties of the office of the Vice-Chancellor as he
deems fit:
Provided that until such arrangement is made , in case of the temporary
absence of the Vice-Chancellor, it shall be lawful for the Pro-Vice- Chancellor to
perform the duties of the Vice-Chancellor.
(2) In case of vacancy of the posi Vice-Chancellor caused due to resignation,
death, completion of the territory any other reason the Chancellor on the basis of the
information reason the- Chanel to the-basis of the information received from the Pro-
Vice-Chancellor or Registrar any other source, may make such arrangements for the
performance of duties of the office of the Vice-Chancellor, as he deems fit.]
14. The Dean of the Students Welfare – (1) The Deans of Students Welfare shall
be appointed by the Vice-Chancellor for a period of two years from
amongst the University Professors, Readers or Principals:
1[ Provided that if the Vice-Chancellor thinks it necessary for administrative reasons
he may revert the Dean to his original post and appoint another persons as Dean for
the unexpired period.]
(2) The duties, powers and functions of the Dean of Students Welfare shall be
prescribed by the Statutes.
(3) The teacher appointed as (Dean Students Welfare) under sub-section (1) shall
hold lien on his original post and he shall be eligible for all the benefits which would
have otherwise accrued to him, in case he would not have been appointed as 2[Dean
Students Welfare].
2[14A, Proctor.—(1) The Vice-Chancellor shall appoint Procture amongst such
teachers of the University as are not below the rank of Reader.
(2)______ His tenure shall be of two years and or the expiry of his tenure, he may
again be appointed.
____________________________________
1. Subs. by Act 68 of 1982.
2. Ins. by ibid.
Provided that if at any time the Vice-Chancellor thinks it proper on administrative
grounds, he may send the Proctor back to his original post and appoint another person
as Proctor for the unexpired period of his term.
(3) In case of vacancy of the Proctor caused due to resignation or illness or any
other reason his duties shall be discharged by person appointed for the purpose by the
Vice-Chancellor.
(4) Duties of the Proctor shall be determined by the Statutes.]
14 B. lek;kstd ¼dks&vkfMZusVj½ dkWyst fodkl ifj"kn~%& ¼i½ dqyifr fo’ofo|ky;
ds ,sls f’k{kdksa ds chp ls] tks mikpk;Z dh iafDr ls uhps ds u gksa dks&vkfMZusVj dkWyst
fodkl ifj"kn dh fu;qfDr dj ldsxkA
¼ii½ mldh inkof/k rhu o"kksZa dh gksxh vkSj inkof/k lekIr gkus ds ckn nks o"kksaZ ls
vuf/kd vof/k ds fy, iqufuZ;qfDr dk ik=] gks ldsxk; ijUrq ;fn dqyifr fdlh le;
iz’kklfud dkj.kksa ls mfpr le>s arks dks&vkWfMZusVj dks vius ekSfyd in ij ykSVk ldsxk
vFkok ;fn og lsok fuo`fÙk dh mez izkIr dj pqds gksa rks mudh lsok lekIr dj ldsxk rFkk
vuoflr vof/k ds fy, fdlh nwljs O;fDr dh fu;qfDr dh tk;sxhA
¼iii½ dks&vkfMZusVj dh lsok 'kÙksZ] muds dÙkZO; rFkk osru ifjfu;eksa }kjk vo/kkfjr fd,
tk;sxsaA]
2[15.The Registrar—(1) Notwithstanding any.provisions of the Act, if the
Chancellor thinks fit, he may request the State Government, Central Government,
University Grants Commission or any University to send names of suitable officers
for the post of Registrar, and in that case State Government, Central Government,
University Grants Commission or any University may send the name of one or more
officers for consideration for appointment as Registrar under such terms and
conditions of service, as he may consider fit, and then the Chancellor shall appoint
the Registrar from amongst them.
(2) The Registrar shall be wholetime officer of the University and he shall act as
Secretary to the Senate, the Syndicate and the Academic Council and shall
°
(a) be the custodian of the records, the common seal and such other properties of
the University as the Vice-Chancellor and the Syndicate shall commit to his
charge :
(b) conduct the official correspondence of the University, and shall maintain the
proper investment of the University ;
(c) perform such other duties as may be specified in the Statutes or prescribed by
the Ordinance or the Regulation or as may be required from time to time by
the Vice-Chancellor, Pro-Vice-Chancellor or the Syndicate;
(d) represent the University in suits or proceedings by or against the > University,
sign powers of Attorney and verify pleadings or depute his representative for
the purpose ;
(e) render assistance to the Vice-Chancellor and Pro-Vice-Chancellor in
discharge of their duties in regard to the conduct of the examination and the
publication the results;
____________________________________
1. Subs. by Act 68 of 1982.
2. Subs. by Act 3 of 1990.
(f) look after the proper functioning of the institutions affiliated to the
other than the Constituent Colleges and the Department of Un1vers1ty and
shall report to theVice-Chancellor;
(g) have power to take disciplinary action against the employees. belonging
to the Ministerial staff and to suspend them pending inquiry to administer
warning to them or to impose on them the penalty of censure or the
withholding of increment:
Provided that no such penalty shall be imposed unless the person concerned has
been given a reasonable opportunity of showing cause against the action proposed
to be taken against him;
(3) (a)An appeal shall lie to the Vice-Chancellor against any order of the Registrar
imposing the penalty of the withholding of increment;
(b) In a case where the inquiry discloses that a punishment beyond the powers. of
the Registrar is called for, the Registrar shall, upon conclus1on of the enquiry
make a report to the Vice-Chancellor along with his recommendation for
such action as the Vice-Chancellor may deem fit.
(c) The Registrar may be transferred by the Chancellor from one University to
another University, on the·. same or on any equivalent post or within the same
University on. any other equivalent post.]
Legislative changes (after 1982)- This section originally read as
follows:-
“15. The Registrar:- Registrar shall be a whole-time officer of the University
and he shall act as secretary to the Senate, the Syndicate and the
Academic Council and he-
(a) shall manage the property and investment of the University.
(b) Shall sign all contracts made on behalf of the University.
(c) Shall exercise and perform such other powers and duties as may be prescribed
by the Statutes, the Ordinance, the Regulations of the Rules, or as may from
time to time be conferred and imposed on him by the Senate, the Syndicate
and the Academic Council;
(d) Shall generally render such assistance to the Vic-Chancellor as may be desired
by him in the performance of his duties; and
(e) The Registrar may, on the recommendation of the Vice-Chancellor or
therewise, be transferred by the Chancellor from the University to another
University on the same or any other equivalent post, or within the same
University to any other equivalent post.'
The first change in the section was brought by Ordinance 29 of 1986 (w.e.f
1.10.1986) by which a new clause(f) was inserted which reads as follows:-
“(f) Notwithstanding any provisions of the Act, if the Chancellor thinks fit, he may
request the State Government, Central Government, University Grant Commission
or any University to send the name of suitable officers for the post of Registrar,
and in that case the State Government, Central Government, University Grant
Commission or any University may send the name of one more officer for
consideration for appointment of Registrar under such terms and conditions of
service as he may consider fit and then, the Chancellor may appoint the Registrar
from amongst them.'
By Ordinance 39 of 1986 (w.e.f. 17.12.1986) the whole section was
substituted and it read as follows :-
“15 The Registrar:- (i) The Registrar shall be a whole time officer of
the University and he shall act as Secretary to the Senate, the Syndicate and
the Academic Council and shall,-
(a) be the custodian of the records, the common seal and such other properties of
the Universities as the Vice-Chancellor and the Syndicate shall commit to his
charge.
(b) conduct the official correspondence of the University and shall maintain the
proper investment of the University;
(c) perform such other duties as may be specified in the Statutes or prescribed in
the Statutes or prescribed by the Ordinance or the Regulation or as may be
required from time to time by the Vice-Chancellor or the Syndicate;
(d) represent the University in suits or proceedings or against the University sign
Power of Attorney and verify pleadings or depute his representative for the
purpose;
(e) render assistance to the Vice-Chancellor and Pro-Vice-Chancellor in discharge
of their duties in regard to the conduct of the examination and the publication
of the results.
(f) Look after the proper functioning of the institutions affiliated to the University
other than the Constituent Colleges and Department of University and shall
report to the Vice-Chancellor;
(g) Have power to take disciplinary action against the employees belonging to the
ministerial staff and to suspend them pending inquiry, to administer warning to
them or to impose on them the penalty of censure or the withholding of
increment:
Provided that no such penalty shall be imposed unless the person
concerned has been given reasonable opportunity of showing cause against
the action proposed to be taken against him;
(ii) (a) An appeal shall lie to the Vice-Chancellor against any order of the Registrar
imposing the penalty of the withholding of increment;
(b) In a case where the inquiry discloses that a punishment beyond the powers of
the Registrar is called for, the Registrar shall, upon conclusion of the enquiry
make a report to the Vice-Chancellor along with the recommendation for such
action as the Vice-Chancellor may deem fit.
(c) The Registrar may be transferred by the Chancellor from one University to
another University, on the same or on any equivalent post or within the same
University on any other equivalent post.'
The next Ordinance in the series i.e.13 of 1987 (w.e.f. 18.4.1987) again
substituted this section and it continued till Act 3 of 1990 was passed and exists
till today. · · . ."·
16. The Finance Officer.-The Finance officer shall be a whole-time officer of the
University and shall act as Secretary to the Finance Committee, and shall exercise
such powers and perform such duties as may be prescribed by the Statutes,
the Ordinance the Regulations and the Rules or as may, from time to time be
conferred, or Imposed on him by the Senate, the Syndicate, the Vice-Chancellor,
the 1[Financial Adviser] .or the Registrar.
17. Authorities of the University.- The following shall be the authorities of the
University, namely:- . ·
(1) the Senate;
(2) the Syndicate;
(3) the Academic Council;
(4) the Faculties;
(5) the Examination Board;
(6) th.e Finance Committee;
(7) the Planning and Evaluation Committee; and
(8) such Other authorities as may be declared to be the authorities
of the University by the Statutes.
18. The Senate.-The Senate shall consist of the following persons,
namely:
ExEx-Officio Members.
(1) Chancellor;
(2) the Vice-Chancellor;
(3) the Pro-Vice-Chancellor;
(4) 1[Commissioner and Secretary Higher Education]
(5) the Director of Higher Education, Bihar;
(6) the Director of Health Services, Bihar;
(7) the Director of Technical Education, Bihar;
(8) the Deans of Faculties;
2[(9) Half of such of the Heads of University Departments as are not Deans to
be nominated by the Chancellor in rotations.]
2[(10 Ten Principals of Colleges maintained by the University as are not Deans
shall be nominated by Chancellor in rotations.]
2[(11) Five Professors/Readers admitted to the privileges of the University in the
manner prescribed in the Statutes, are not Deans shall be nominated by the
Chancellor in rotations.]
\
(12) all ex-Vice-Chancellors of the University;
Explanation.- For the purpose of this clause, the expression ex-Vice-
Chancellorwho was appointed to fill a casual or temporary vacancy ;
(13) every person who has given to the satisfaction of the Chancellor whether in one
or more instalments , a sum of not less than one lac rupees in cash or in the shape of
property of the equivalent value to or for the purposes of the University or of a
College:
Provided that for being a life member of the Kameshwar Singh Darbhanga
Sanskrit University, the fixed amount shall be twenty-five thousand rupees;
· Representative Members..
(14) 3[Six persons to be elected by and from amongst the members of the Bihar
Legislative Assembly in such manner as may be prescribed by the Speaker
of the Assembly, one of whom shall be from Scheduled Castes, one from
Scheduled Tribes and3[one from other Backward Classes;] ·
4[(15) one representative of the Scholar of regional language to be nominated
by State-Government;
5[(16) (a) "Minimum of Ten teachers other than Deans, Principals and Head of
University Department having at least five years teaching experience on
substantive besis to be elected by and from amongs the regular teachers of
the respective constituent/Govt. college get representation on rotational
basis based on the seniority of colleges'
(b) University Department 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, affiliated college" (other than Government Colleges) shall be
represented by one elected regular teacher/ principal having at least five
years teaching experience of substantive basis.
1(18) ifjfu;e esa fofgr jhfr ls fo'ofo|ky; ,oa egkfo|ky; ds deZpkfj;ksa }kjk
fuokZfpr fo'ofo|ky; ,oa egkfo|ky; ds deZpkfj;ksa esa ls ,d deZpkjh (
1[(19) Five students from amongst the students of University to be elected in the
manner prescribed in the Statutes, by the members of the Union
Council of the University Students'Union;]
(20) five persons, other than ex-officio and teacher members of the
Governing Body of Colleges, shall be elected by and from amongst
members of the governing bodies of the University in the manner as
may be prescribed in the Statutes;
Nominated Members.
(21) three persons to be nominated by the Chancellor who are persons of
scholarly pursuits;
(22) one meritorious student to be nominated by the Vice-Chancellor in the
manner prescribed inStatutes, whose tenure will be of one year ;
(23) one student to be nominated by the Vice-Chancellor in the manner
prescribed in the Statutes, who has achieved distinction in sports and extra-
curricular activities ,whose tenure will be of one year;
(24) one person to be nominated by the State Sports Council, who has
achieved a distinction in sports;
[25) Six such registered graduates, other than the teachers of the University or
its colleges, as have completed a period of five years after graduation, to be
nominated by the Chancellor from the panel of registered graduates prepared
by the Vice-Chancellor, one of whom shall be from Scheduled Castes, one
from ScheduledTribes and one from other Backward Classes.]
[26) Such members of the Syndicate as are not members of the Senate under the
above provisions.]
[(27) Ten persons to be nominated by the State Government who are known for
heir academic interest, one of whom shallbe from Scheduled Castes, one from
Scheduled Tribes and three fromother Backward Classes.1]
Legislative change (after 1982)- The first change in this section was brought by Ordinance 39 of 1986 (w.e.f.
17.12.1986) by which sub-sections (9), (10), (11), and (16) were substituted and this continued by successive Ordinance
till Act 3 of 1990 was passed by which the substitution was passed by which the substitution was accorded permanency.
Originally these sub-section read as follows:-
____________________________________
1. Subs. by Act 68 of 1982.
2. Subs. by Act 17 of 1993.
3. Section 18(7) Omitted by Jharkhand Act 6 of 2003.
“(9) such of the Head of University Department as are not Deans;
(10) such of the Principals of Colleges maintained by the University as are not Deans.
(11) half of the total number of Principals of Colleges admitted to the privileges of
the University in the manner prescribed in the statutes, who are not Deans, shall be
nominated by rotation.
(16) thirty teachers, other than Deans, Principals and Heads of University
Departments having not less than five years teaching experience, to elected from and
by the teaching staff of colleges and University Departments in such manner, as may
be prescribed by the statutes, so that the teaching staff of every College and the
teaching staff of every University/Department may be represented on the Senate
under this sub-head in such number and at such intervals as may be prescribed by the
Statutes.
Provided that the Kameshwar Singh Darbhanga Sanskrit University
seven registered Achryas of the University, seven representative teachers of the
recognized institutions of Madhyama standard, four representative teachers of Tols
nominated by the Chancellor, and two representative of Sanskrit Literature
Association recognized by the State Government, shall be elected in the manner as
prescribed in the Statutes.'
Thereafter a series of Ordinances amending different sections of this Act were
promulgated but none had anything to do with this section. But Act 17 of 1993 which
broke the chain of such Ordinance did touch this section also and substitution of some
words in sub-section (4), substitution of sub-sections (14), (16) and (25) and Insertion
of sub-section (27) were introduced. Prior to their substitution by Act 17 of 1993
which exist till today, these sub-sections, read as follows :-
"(14) ten persons, to be elected by and from amongst the members of Bihar
Legislative Assembly in such manner as may be prescribed by the Speaker of the
Assembly;'
"(16) fifteen teachers other than Deans, Principals and Heads of University
Departments having not less than five years teaching experience to be nominated by
the Chancellor in such manner as may be prescribed by the Statutes ;"
"(25) five such registered graduates, other than the teachers of the University
or its colleges, as have completed a period of five years after graduation to be
nominated by the Chancellor from the panel of registered graduates prepared by the
Vice-Chancellor:
Provided that for the Kameshwar Singh Darbhanga Sanskrit University not
more than three persons, out of which two having rendered notable service for
Sanskrit Education, shall be nominated by the Chancellor in the manner, as may be
prescribed in the Statutes;"
19. Term of office of members of the Senate.- 1[(1) The term of office of
members of the Senate other than the ex-officio members, the members whose terms
has been specified under this Act and the Life members, shall be three years from the
date of their election or nomination, as the case may be, and shall include any further
period which may elapse between the expiration of the said three years and the date
of the next succeeding election or nomination not being an election or nomination to
fill up any casual vacancy under section 64 4[but such extended period shall not be
more than one year :
Provided that a member elected, or nominated as a representative of any body
shall be deemed to have vacated office with effect from the date on which he ceases
to be a member of the body which elected or nominated him:
2[Provided that the tenure of office of the elected members under sub-section
(19) of section 18 shall be one year with effect from the date of their election.]
3[(2) The Senate shall have perpetual succession and any of its acts or
proceedings shall not be invalid merely because of any vacancy or vacancies in its
membership.]
Legislative change (after 1982)- By Act 17 of 1993 sub-section (2) was added to this
section. Science none of the preceding Ordinances chain of which was broken by this Act
contained such insertion, Sub-section (2) is to take effect from the date of passing of Act 17 of
1993.
(20) Meetings of the Senate.- 1[(1) The Senate shall meet twice a
year, on ffates to be f fixed by the Vice-Chancellor, which shall be called ordinary
meeting of the Senate and one of them shall be declared by the Statutes to be the
annual meeting of the Senate in which the Budget of the University for the next year
shall be passed.
(2) The Vice-Chancellor may, whenever he thinks fit, and shall, upon
a requisition in writing signed by not less than one-third of the total number of
member of the Senate, 1[convene only one special meeting of the Senate in a year.]
(21) Powers and duties of the Senate.- (1) Subject to the provisions
this Act and Statutes, the Senate shall be the supreme governing body of the
University, and shall exercise control over all the affairs and properties of the
University, and shall exercise all such powers as are not otherwise specified by his
Act.
(2) In particular and without prejudice to the generality of the
foregoing powers, the Senate shall exercise the following powers and perform the
following duties, namely-
(a) of making the Statutes and amending or repealing the same;
(b) of considering the Statutes and the Regulations, and amending or
repealing the same;
(c) of passing resolution after having considered the annual report, the
annual account, the financial estimates and audit report on such accounts;
(d) of exercising the powers for the purpose of control in. Colleges and Tols,
and of super intendance which include affiliation and disaffiliation of
Colleges:
Provided that affiliation or disaffiliation of Colleges or Tols shall not take
effect, unless it is approved by the State Government :
Provided further that no medical college shall be affiliated except without the
prior approval of the State Government.
Before granting such an approval, the State Government shall consider the
financial viability of the College, the nature an form of the proposed management of
the college, the viability of the academic standard and all other conditions which
are likely to have adverse effect on the interests of students admitted to such a
College;
(e) of instituting and. conferring such degrees, titles, diplomas and other
academic distinctions as may be prescribed by the Statutes; and
(f) of exercising such other powers and of performing such other duties as are
conferred or imposed upon it by this Act or the Statutes.
2[22. The Syndicate.-(1) The Syndicate shall be the Executive
Council of the of the University and it shall consist of the following members:-
(a) Vice-Chancellor; ·
(b) Pro-Vice-Chancellor;
(c) Commissioner-cum-Secretary of Higher Education or his
representative not below the rank of the Joint Secretary;
____________________________________
1. Subs. Act 68 of 1992.
2. Subs, by Act 17 of 1993
(d) Director Higher Education;
(e) Dean, Students Welfare and Proctor;
(f) Two Heads of the University Departments to be nominated by rotation
as prescribed by the Statutes, whose term of office shall be for one
year from the date of nomination;
(g) Two Principals of Colleges maintained by the University to be
nominated by rotation as prescribed by the Statute, whose term of
office shall be for one year from the date of nomination;
(h) Two from amongst Professors and Readers of the University of the
University other than the University Heads of Departments and tow
such Lecturers as have a minimum of five years of teaching
experience, to be elected by the teacher members of the Senate by
single transferable vote in accordance with the system of
proportionate representation, one of whom shall be from other
Backward classes from the rank of Professors and Reader, and on from
Scheduled Castes/Scheduled Tribes from the rank of Lecturers;
(i) Four from amongst the members of the Senate other than teachers,
students and employees of University and Colleges, to be elected by
the non-teacher members of the Senate by single transferable vote in
accordance with the system of proportionate representation, but one of
whom shall be Scheduled Castes/Scheduled Tribes and one from the
other Backward Classes;
(j) One reputed educationist nominated by the Chancellor;
(k) Five persons to be nominated by the State Government one of whom
shall be from Castes/Scheduled Tribes/other Backward Classes and
one from women having academic interest and in social work elected
in aforesaid manner.]
(2) The term of office of members, other the ex-officio member shall
be for a period of three years with effect from the date of their respective election or
nomination except otherwise provided and shall include any further period which may
elapse between the expiry of the said period of three years and the date of the succeeding
election or nomination, except in case of an election or nomination to fill up any casual
vacancy 3[ but such extended period shall not be more than one year];
1[Provided that any member elected or nominated shall be deemed to
vacate office with effect from the date on which he ceases to be member of the category
from which he has been elected or nominated.]
(3) flaMhdsV dh cSBd vodk'k vof/k dks NksM+dj eghus esa ,d ckj lk/kkj.kr% gksxhA
ijUrq ;fn dqyifr mfpr le>s arks flaMhdsV dh fo'ks"k cSBd cqyk ldrs gSaA mi&lfefr dh cSBd flaMhdsV dh
cSBd ds rjr igys vFkok ckn esa gksxhA ]
2[(4) The Syndicate shall have perpetual succession and any of its acts
or proceedings shall not be invalid merely because of any vacancy of vacancies in its
membership.]
Legislative change (after 1982)- Ordinance 39 brought some changes in this viz. words “Chief Executive
Body' in sub-section (1) was substituted to “Executive Council' and clauses(g)
____________________________________
1. Subs. Act 3 of 1990.
2. Subs, by Act 17 of 1993
3. Ins. by Jharkhand Act of 2003.
and (h) of sub-section (1) and proviso to sub-section (2) were substituted. These changes
continued by- successive Ordinances till Act 3 of 1990 was passed. Prior to their
substitution clauses (g),(h) of sub section (1) and proviso to sub-section (2) read as
follows:-
"(g) One Reader or College Professor of the University or College and
two such Lecturers having at least 10 years teaching experience to
be elected by the Teacher Members of the Senate in accordance
with the system of proportional representation by means of single
transferable votes."
"(h) Three members other than teachers, students and other employees
of college or the University, to be elected in accordance with the
system of proportional representation by means of single
transferable vote by the members of the Senate.
ijUrq flusV blds vUrxZr gksus okys fuokZpu ds LFkku ij euksu;u dk
vf/kdkj dqyifr dks ugha ns ldrh gS rFkk ;fn fuokZpyu ds LFkku ij
dqyifr }kjk euksu;u gqvk gks rks dqykf/kifr bldk iqufoZyksdu djsaxs vkSj bl fo"k;
esa mudk vkns'k vafre ,oa cU/k udjh gksxkAÞ
The section again underwent changes when Act 17 of 1993
(w.e.f.5.8.1993) substituted the whole of sub-section (1). Prior to substitution sub-section
(1) (as amended by Ordinance.39 of 1986 followed by successive Ordinances and Act 3 of
'1990) read as follows:-
"(1) The Syndicate shall be the Executive Council of the University and
shall consist of the following persons, namely:
Ex-officio Members
(a) The Vice-Chancellor;
(b) The Pro-Vice-Chancellor ;
(c) The Education Commissioner, Bihar, or his representative
who shall at least be of the rank of Director (Higher
Education) or .Joint Secretary of the State Government ;
(d) Dean, Students' Welfare, Proctor and Co-ordinator, College
Development Council;
Other Members
(e) Two Heads of University Department as prescribed- by the
Statutes and their tenure shall be one year with effect from the
date of their nomination;
(f) Two Principals of colleges under the University by rotation as
prescribed by the Statutes and their tenure shall be one year ;
(g) Two from amongst the University Professors, Professors and
Readers, other than heads of Departments and two such
Lecturers having teaching experience of at least 10years shall be
nominated by the Chancellor;
(h) Three from amongst the members of the Senate, other than
students and employees of College or University shall be
nominated by the Chancellor ;
(i) One reputed educationist nominated by the Chancellor ;
(j) If in the foregoing clauses from (a) to (i) there be no ex-officio,
nominated and elected Scheduled tribe or Scheduled Caste
member, the Chancellor shall nominate a Scheduled Tribe
member having academic interest each for the Ranchi and the
Bhagalpur University and a Scheduled Caste member having
academic interest each for the Lalit Narayan Mishra Mithila,
Bihar, Magadh and Kameshwar Singh Darbhanga Sanskrit
University:
Provided that if at a later stage a Scheduled Tribe or Scheduled
Caste member is available, the term of the Scheduled Tribe or
Scheduled Caste member nominated by the Chancellor shall be
deemed to have automatically ceased:'
1[23. Powers and duties of the Syndicate.-The Syndicate shall-
(a) hold,control andmanage the property and funds of the University;
(b) regulate the use of the common seal of the University;
(c) subject to the. powers conferred, by or under this Act, on the Vice-
Chancellor and the Academic Council, determine and regulate all
matters concerning the University in accordance with this Act the
and the Regulation;
(d) manage any funds placed at the disposal of the University for
specified purpose;
(e) have power to accept transfers on behalf the University any
movable or immovable property to and fo r the benefit of the
University or a College;
(f) make Ordinances, and shall amend or repeal them, and
(g) exercise such other powers and perform such other duties as
are conferred or imposed on it by this Act, or the Statutes.]
Legislative changes (after 1982)-This section was substituted by Ordinance 39 of
1986 and the substitution continued by successive Ordinances till Act 3 of 1993 was
enacted
Prior to its substitution this section read as follows :
"23.Powers and duties of the Syndicate-The Syndicate-
(a) shall hold "control and manage the property and funds (together w1th
endowments, bequests and donations) of the University and other transfer of
property made to colleges for their benefit;
(b) shall regulate the form, provided for the custody and regulate the use of the
common seal of the University;
(c) shall, subject to the powers conferred by or under this Act on .the V1ce-
C.hancellor and the Academic Council, determine and regulate all matters
concerning the University in accordance with this Act, the Statutes, and the
Regulations;
(d) shall manage any funds placed at the disposal of the University for specific
purposes;
(e) save as otherwise provided in this Act or the statutes, shall appoint officers
(other than the Vice-Chancellor and the Pro-Vice-Chancellor) and teachers of the
University and shall define their duties and provide for the filling of temporary
vacancies to the posts of such officers and teachers.
(f) shall have power, to accept transfers on behalf of the University- of any movable
or immovable property to and for the benefit of the University or a college;
(g) shallmake the Ordinance, and shall amend or repeal them; and
(h) shall exercise such other powers and perform such other duties as are conferred or
imposed on it by this Act or the Statutes;
(i) shall take appropriate decision consistent with the Act and, on all matters
having financial implication only after obtaining the advice of the Financial
Adviser."
24. The Academic Council.—(1) The Academic Council shall consist of-
(1) the Vice-Chancellor;
(2) the Pro-Vice Chancellor;
(3) the Deans of Faculties;
(4) the Director, Higher Education, Bihar;
(5) all Heads of University Departments;
1[(6) 50 per cent of the Principals maintained by the University to be
nominated by the Vice-Chancellor in rotation;]
(7) all Principals of colleges maintained by the State Government;
1[(8) Five Principals of affiliated colleges to be nominated by the Vice-
Chancellor in rotation.]
(9) 2[Substantively appointed teachers, other than Deans, Professors and
Heads of University Departments, who shall in the manner
prescribed by the Statutes, be elected by the Senate in such a way
that each Faculty 2[be represented by one teacher
(10) not more than two experts outside the University service, to be co-
opted by the Academic Council for specific purposes according to
need;
(11) the President of the University Students' Union elected under
subsection (1) of section 43.
(2) The term of office of members, other than the ex-officio members, shall
be for a period of three years with effect from the dates of their respective election
or nomination and shall include any further period which may elapse between the
expiration of the said period of three years and the date of the next succeeding
election or nomination, as the case may be, not being an election or nomination to
fill up any casual vacancy 3[but such extended period shall not be more than one
year:
Provided that any member elected or nominated shall be deemed to
vacate office with effect from the date on which he ceases to be a member of the
body which elected or nominated him.
Legislative changes (after 1982)—The following changes were introduced in this
section by Ordinance 39 of 1986 (w.e.f. 17.12.1986):—
(a) Substitution of clause (6)
(b) Substitution of clause (8)
(c) Substitution of clause (9)
While clauses (6) & (8) prior to their substitution read as follows:
"(6) Seven Principals of Colleges maintained by the University who shall
be nominated by rotation in the manner prescribed;
(8) Two Principals of affiliated colleges to be nominated by the Senate
by rotation."
Continued by successive Ordinances till Act 3 of 1993 was enacted the
substitution of figure "6" (six) from"12" by Ordinance 39 of 1986 was again
1. Subs, by Act 3 of 1990.
2. Subs. for the words "six" and "may get representation" by Jharkhand Act 6 of 2003
substituted to "5" by Ordinance 13 of 1987 (w.e.f.18.4.1987), but again
substituted to "6" by the next Ordinance. 21 of 1987 (w.e.f.7.8.1987) and finally
the last amendment continued till Act 3 of 1993 was enacted.
25. Powers and duties of the Academic Council.—The Academic Council
shall be the Chief academic body of the University and shall—
(a) subject to the powers conferred by or under this Act on the Vice-
Chancellor and on the Syndicate, determine and regulate all
academic matters concerning the University in accordance with this
Act and the Statutes;
(b) have the powers of superintendence and control over and be
responsible for the maintenance of standards of instruction and
education including the conduct of post-graduate teaching and the
promotion of research work in the University;
(c) exercise supervision and control over the conduct of teaching in the
colleges in such manner as may be prescribed by the Statutes;
(d) subject to provision of section 29, have powers of general control
over the Examination Board, and may review the results of University
Examinations;
(e) exercise such other powers and perform such other duties as may
be conferred or imposed upon it by the Statutes.
26.The Faculties.—(1) The University, 4[ x x x ] may include the Faculties of
Arts, 5[Humanities and Social Sciences] Science, Commerce, Medicine,
Law, Education, Engineering and such other Faculties as may be prescribed
by the Statutes:
Provided that no Faculty shall be created by the Senate in respect of any
branch of learning for the instruction of which no provision exists in any
department of the University or any of its colleges.
(2)Each Faculty shall, subject to the control of the Academic Council, have
charge of the courses of studies, teaching and research work in such
subjects as may be assigned to such Faculty by the 1 [Statutes].
(3)The total number of members of each Faculty shall not exceed such as
may, from time to time, be prescribed by the Statutes.
(4) Subject to the provisions of sub-section (3) each Faculty shall consist
of—
(a) such number of members of the Senate as are teachers and as
may be assigned to each Faculty by the Senate keeping in view
the qualifications of such teacher members.
(b) such members of the Senate as are not teachers, their number in
any faculty not exceeding one-fifth of the total number of members
of that Faculty, other than the Faculty of 2[ x x x], Engineering, Law,
Medicine, Commerce or 2[x x x] and as may be elected from
4 Words "other than the Kameshwar Singh Darbhanga Sanskrit University" omitted
by ibid.
5 Ins. by ibid.
amongst and by the Senate in the manner prescribed by the
Statutes:
Provided that in the case of the Faculty of 2[ x x x], Engineering, Law,
Medicine, Commerce or 2[ x x x], the number of members of
the Senate who are not teachers shall be such as may be prescribed
by the Statutes; and
(c) such number of members, to be co-opted as experts by the Aca-
demic Council from amongst persons who are not members of the
Senate, as may be prescribed by the Statutes:
Provided that no person shall be a member of more than two Faculties.
3[5 (i) Dean of Faculty.—(a) The Dean of Faculty shall be appointed by the Vice-
Chancellor from amongst the University Professors and the Principals of the rank
of University Professors for two years by rotation in the concerned faculty in the
manner prescribed in the Statutes:
Provided that where there is no teacher or Principal of the rank of University
Professor in the Faculty, the Dean of Faculty shall be appointed by the Vice-
Chancellor in rotation for a term of two years from amongst the Heads of
Department and the Principals of the rank of Readers in the manner prescribed
by the Statutes:
Provided further that where there is no University Department in the Faculty,
the Vice-Chancellor shall appoint a Principal of a College of a rank lower than the
University Professor to be the Dean of Faculty by rotation for a term of two years
in the manner prescribed in the Statutes.
(b)For being appointed Dean of the Faculty it shall be necessary for the
person concerned to be a teacher in the Faculty.
(c)A teacher appointed in accordance with the above provisions shall not
be eligible for re-appointment as Dean unless the cycle of rotation
prescribed according to the Statutes is completed and there is no other
teacher eligible for appointment as Dean.
(d) The term of such Deans as are not eligible according to the provisions
of this section shall cease with the enforcement of this Act and for that
faculty a new Dean shall be appointed.
(ii) The Dean of Faculty shall be responsible to the Vice-Chancellor for
teaching and research work in that Faculty.
(6) (i) Each Faculty shall comprise of such department of teaching as may
be prescribed by the Regulations.
1[(ii) 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".
(7) Subject to the provisions of this Act, each Faculty shall have the
follow-
ing powers :-
(a) to constitute the Board of courses of study of the departments allotted
to it, and
(b) to exercise such powers and perform such duties as may be prescribed
by the Statutes.
Legislative changes (after 1982)—By Ordinance 29 of 1986 clause (i) of sub-section (5)
of section 26 was substituted which continued by successive Ordinances till the passing of Act 3 of
1990. Prior to its substitution this clause read as follows:—
"(5) (i) Dean of Faculty.—{a) The Dean of Faculty shall be appointed by the
Vice-Chancellor, by rotation in the manner prescribed by the Statutes from amongst
University Professors or Principals in the rank of University Professor, for a period of two
years:
Provided that if there be no University Professor or Principal in the rank of University
Professor in the Faculty concerned, Head of a University Department in the rank of Reader
may be appointed Dean of the Faculty by the Vice-Chancellor, by rotation in the manner
prescribed by Statutes.
In case where there is no University Department, Principal of a college, below the
rank of University Professor shall be appointed Dean of the Faculty, by the Vice-Chancellor,
by rotation in the manner prescribed by the Statutes.
(b)For being appointed Dean of the Faculty it shall be necessary for the person
concerned to be a teacher in the Faculty.
(c)A teacher appointed in accordance with the above provisions shall not be eligible
for re-appointment as Dean unless the cycle of rotation prescribed according to
the Statutes is completed and there is no other teacher eligible for appointment
as Dean.
(d)The term of such Deans as are not eligible according to the provisions of this
section shall cease with the enforcement of this Act and for that faculty a new
Dean shall be appointed."
Subsequently in clause (ii) of sub-section (6) of section 26 words "Bihar Public Service
Commission" were substituted by the words "Bihar State University (Constituent Colleges) Service
Commission" by Ordinance 14 of 1993 and subsequently incorporated in Act 17 of 1993 which
repealed Ordinance 14 of 1993.
27. 2[x x x ]
28.Departmental Council.—(1) There shall be a Departmental Council
for each University Department and each college consisting of the following mem-
bers-
(i) the Head of the Department:
(ii) all teachers of the Department:
(iii) two students-one nominated by the Vice-Chancellor and the another
by the Head of the Department for each academic year.
1. Subs, by Jharkhand Act 6 of 2003
2. "Section 27" omitted by ibid.
(2) The Departmental Council shall, from time to time, review the activities of
the Department and suggest ways of its improvement.
This Council shall meet at least thrice in a year on dates to be appointed by
the Head of the Department. In between its two meetings, there shall not be an
interval of more than three months.
29. The Examination Board.—1 [(1) Subject to the provisions of the
Regulation, advice shall be given in respect of conduct of examinations by the
Examination Board. 3[The Examination Board shall consists of the Vice-
Chancellor as Chairman, Pro-Vice-Chancellor, Registrar, Deans of Faculties of
Humanities and Social Sciences, Science and Commerce as members and
Controller of Examination as Secretary.
Provided that if the examination concerns any other faculty, the Dean of that
Faculty shall be co-opted as a member for that meeting.]
(2) The Examination Board shall render advice to the Vice-Chancellor on
conduct of examinations and appointment of examiners, setting and moderating
question papers, preparation, moderation and publication of examination results,
submission of such examination results to the Academic Council, and generally
regulating the methods of improvement in the procedure of correct evaluation of
achievements of students, and the Vice-Chancellor shall be competent to
take final decision :
Provided that the Vice-Chancellor shall appoint the question setters and
examiners from the panel submitted by the Examination Board.
2[Provided further that the Vice-Chancellor shall have power to order for re-
evaluation of the answer books and in case he is satisfied that the evaluation of
the answer or answer book has not been fairly done or evaluation has been done
in violation of the University Statutes, Regulations, Rules or Orders.]
Legislative changes (after 1982)—Second Proviso was added to sub-section (2) of this
section by Ordinance 39 of 1986 which continued by successive Ordinances till Act 3 of 1990 was
enacted.
30. Holding of examinations.—(1) The examination of the University shall be
held from such date, as may be appointed by the State Government by a
notification in the official Gazette :-
Provided that where the State Government is satisfied that it is not possible
to hold examinations in accordance with the said notification, it shall, in
consultation with the Vice-Chancellor, appoint revised dates of examinations and
the revised dates shall be notified in the official Gazette.
(2) Results of examinations shall be published within sixty days of the
completion of the concerned examination, which may be extended to a period
beyond sixty days for reasons to be recorded in writing.
1[(3) Person appointed for invigilation or any other related work in
connection with the conduct of college or University examinations shall be
deemed to be a public servant within the meaning of the Indian Penal Code,
1860.]
31. The Planning and Evaluation Committee.—(1 )There shall be a
Planning and Evaluation Committee for the purposes of preparing plan
programme of development and improvements of the University and in its
courses of study, examining and evaluating, from time to time, the progress
achieved in such plans and programmes, testing and evolving new methods of
teaching, and for consultation and exchange of informations with similar
organisations, other Universities and research institutes for any of these
purposes.
(2) The Committee shall consist of the following members :
(a) Vice-Chancellor;
(b) Pro-Vice-Chancellor;
(c) one person to be nominated by the State Government;
(d) three Deans of Faculties to be appointed in the manner as
prescribed
by the Statutes;
(e) two members of the Syndicate to be nominated by it;
(f) two members of the Academic Council to be nominated by it;
(g) three heads of Departments to be nominated by the Vice-
Chancellor
every year, by rotation; and
(h) two such members representing academic interests and profes-
sions, as may be co-opted by the Committee, either by rotation
every year or according to subject or subjects, as may be required.
(3) The Registrar shall act as the Secretary to the Committee.
(4) The term of office of members, other than ex-officio-members, shall
be
of three year's duration, except where otherwise provided.
32. The Research Council.—1[(1) There shall be a separate Post-Graduate,
Research Council in each faculty of the University for the registration and proper
guidance of research work which shall work under the general control of
the Academic Council.]
(2) The Post-Graduate Research Council shall consist of the following persons :-
(a) The Vice-Chancellor
(b) the Pro-Vice-Chancellor;
(c) The Dean of the concerned Faculty.
2[(d) (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."
(e) four teachers 3[imparting Post-Graduate teaching of the concerned
Faculty to be nominated by the Vice-Chancellor in each academic year.
33.Other authorities of the University.— The constitution, powers and
duties of such other authorities, as may be declared by the Statutes to be
authori-
ties of the University, shall be prescribed by the Statutes.
STATUTES, ORDINANCES, REGULATIONS AND RULES
34. The Statutes.— Subject to the provisions of this Act, the Statutes may
provide for all or any of the following matters, namely;
(a) the institution of Fellowship, Scholarships, exhibitions, medals and
prizes:
(b) the designations and powers of the officers of the University:
(c) the constitution, powers, functions and duties of the authorities of the
University:
(d) the admission of educational institutions as colleges and the
withdrawal of privileges from Colleges so admitted :
(e) the institution of Colleges and hostels and their maintenance and
management:
(f) the classification of teachers of the University, the manner of their
appointment and their recognition;
(g) the constitution of pension, insurance or provident fund for benefit of
the officers, teachers and other servants of the University, and the
teacher of Colleges :
(h) the maintenance of the register of registered graduates ;
(i) the number, qualification, grade, pay, reservation of posts for
1 [scheduled castes, scheduled tribes, Backward Classes, women and
economically weaker sections] and conditions of service of teachers,
officers and other servants of the University including the creation of
new posts after considering, as the case may be, the
recommendations of the Academic Council and the Syndicate, in the
case of creation of other posts, and the recommendation of the
Syndicate, in the case of posts of officers and servants of the
University;
(j) the maintenance of accounts of the income and expenditure of the
University including the income and expenditure of Colleges and the
forms and registers in which such accounts shall be kept;
(k) the maintenance of a register of teachers;
(I) the conferment of honorary degrees and distinctions;
(m) all other matters which are or may be prescribed by the Ordinance or
the Statutes.
35. No post for appointment shall be created without the prior sanction of the
State Government.— Notwithstanding anything contained in this Act, no University
or any College affiliated to such a University, except such College-
(a) as is established, maintained or governed by the State Government;
or
(b) as is established by a religious or linguistic minority;
2[(i) After the commencement of this Act no teaching or non-teaching post
involving financial liabilities shall be created without the prior approval of
the State Government.]
(ii) shall either increase the pay or allowance attached to any post, or sanc-
tion any new allowance;
Provided that the State Government may, by an order, revise the pay
scale attached to such post or sanction any new allowance.
(iii) shall sanction any special pay or allowance or other remuneration of
any kind including ex-gratia payment or any other benefit having financial
implication to any person holding a teaching or non-teaching post;
(iv) shall incur expenditure of any kind on any development scheme without
the prior approval of the State Government.
(2) Notwithstanding anything contained in this Act, no College other than
one mentioned in clauses (a) and (b) of sub-section (1), shall, after the
com-
mencement of this Act, appoint any person on any post without the prior approval
of the State Government.
Provided that the approval of the State Government shall not be necessary
for filling up a sanctioned post of a teacher for a period not exceeding six months,
by a candidate possessing the prescribed qualification.
1[(3) Any appointment or promotion made contrary to the provisions of this
Act, or Statues, Rules or Regulations made thereunder or made in irregular or
unauthorised manner shall be invalid and shall be terminated at any time. The
expenditure incurred by the University against such appointment or promotion
shall be realised from the officer making such appointment or promotion as a
public demand under the provisions of the Public Demands Recovery Act, 1914.]
Legislative changes (after 1982)—B y Ordinance 4 of 1985 sub-clause (i) of clause (b) of
subsection (1) of this section was substituted which continued by successive Ordinances till Act 3
of 1990 was enacted. Prior to its substitution this sub-clause read as follows:—
"(i) shall, after the commencement of this Act, create any teaching or non-teaching
post involving financial liability without the prior approval of the State Government;"
This section underwent amendments when sub-section (3) was added by Ordinance
14 of 1993 which read as follows:—
"(3) Any appointment or promotion made contrary to the provisions of the Act,
Statutes,
Rules or Regulations or in any irregular or unauthorised manner shall be invalid and shall
be
terminated at any time without notice. All expenditures incurred by the University in regard
to
such appointment or promotion shall be realised from the appointing officer as a public
demand
under the provisions of the Public Demand Recovery Act, 1914."
Act 17 of 1993 which repealed Ordinance 14 of 1993 also retained the addition of Sub-
section (3) but with certain changes.
36. Statutes how made.— (1) The Senate may, either on its own motion or
on submission by the Syndicate, make Statutes, or amend or repeal i :
Provided that-
(a) the Senate shall not consider any statute having the effect of
changing the number of post of teachers, officers and servants of the
University, their pay scales or pay order; unless such a draft is
recommended by the Chancellor for the considerations of the Senate;
(b) the Syndicate shall not propose any such statutes, as may affect the
status, powers and constitution of any authority of the University,
unless that authority has been allowed an opportunity to furnish
written opinion upon the proposed changes, and the Senate shall
have to consider such option expressed in writing; and
(c) in matters relating to status, powers, functions and constitution of the
Academic Council, it shall be lawful for the Academic Council to
initiate such Statutes and forward it to the Syndicate, which shall
submit it to the Senate with such recommendations as it may like to
make.
(2) If the draft of any Statutes or a portion thereof, after being presented by
the Syndicate before the Senate is sent back to the Syndicate for reconsideration,
and the Syndicate does not agree, after reconsideration, to the amendments
suggested by the Senate, then it shall be lawful for the Senate to pass the
Statutes or a portion of the Statutes in such form as it may deem appropriate, and
the deci-sion of the Senate shall, subject to the provision contained in sub-section
(3) and sub-section (4), be final:
1[(3) Where the Senate has passed the draft of any Statute it shall be submitted
to the Chancellor who shall declare that he assents thereto as passed by
the Senate or with such amendments as he deems proper:]
Provided that the Chancellor may as soon as possible after the
presentation to him of the draft of the Statute so passed for assent, return
the draft together with a message requesting that the Senate shall
reconsider the draft and when the draft is so returned, the Senate shall
reconsider the draft accordingly and if the draft is passed again by the
Senate with or without any amendment and is presented to the Chancellor
for assent, the Chancellor shall declare either that 1[he assents thereto with
such amendments which he deems proper] or that he withholds assent
therefrom :
2[ x x x x ]
(4) Where any member of the Senate proposes to the Senate of the draft of
any Statute, the Senate shall refer the same to the Syndicate, and it shall
thereupon be the duty of the Syndicate to consider the draft and the
Syndicate may either recommend to the Senate that the proposal be
rejected or submit the draft to the Senate in such forms as the Syndicate
may approve, and the provisions of this section shall apply in the case of
any draft so submitted as they apply in the case of the draft proposed to
the Senate by the Syndicate.
(5) A Statute passed by the Senate shall have no validity until it has been
assented to by the Chancellor.
3[(6) Notwithstanding anything contained in the above clauses, if at any time
when the Senate is not in session and the Chancellor is satisfied that it is
necessary to frame Statutes on any subject, the Chancellor after obtaining
the advice of the 4[Department of Higher Education, Government of
Jharkhand] shall send the draft Statutes for opinion to the Syndicate of the
University and it shall be binding on the Vice-Chancellor to convene a
meeting of the Syndicate for consideration of the drafts statutes within 10
days of receipt of the said draft. The Chancellor shall then give his assents
to the Statutes with such amendments as may deem necessary in the light
of the opinion of the Syndicate. The Statutes shall be deemed to have
come into force in the University from the date of assent. Statutes framed
in this manner shall be placed before the next meeting of the Senate for
confirmation:
5[ x x x ]
37. Ordinances.— The Syndicate may, subject to the provision of this Act
and Statutes, make Ordinance to provide for all or any of the following matters
namely :-
(a) the admission of students of the University and their enrolment as
such:
(b) the conditions of residence of the students of the Colleges and the
University, the levying of fees for residence in hostels maintained by
the Colleges or recognised by the University and the recognition of
hostels not maintained by the University, including the suspension or
withdrawal of such recognition;
(c) the fees to be charged for courses of study in the University and for
admission to the examinations, degrees and diplomas of the
University;
(d) the constitution, powers and duties of the Committee of the
University;
(e) the inspection of colleges by any agency; and
(f) all other matters which by this Act or the Statutes are to be or may be
provided for by the Ordinance.
38. Ordinances, how made.— (1) An Ordinance made by the Syndicate
under section 37 shall be submitted as soon as may be to the Senate, and there-
upon it shall be the duty of the Senate to consider the Ordinance at its next meet-
ing and the Senate may, by resolution passed by a majority of the members
present
and voting at such meeting, either reject the Ordinance or approve it with such
modifications, if any, and from such date, as it may direct.
(2)Such an Ordinance approved by the Senate shall be submitted to the
Chancellor who shall declare that he assents to the Ordinance.
(3)An Ordinance shall have no validity until it has been assented to by the
Chancellor under sub-section (2).
(4)Notwithstanding anything contained in sub-sections (1), (2) and (3), if at any
time, except when the Senate is in session, the Syndicate makes an
Ordinance and considers its immediate enforcement necessary, the
Syndicate may recommend to the Chancellor accordingly and the
Chancellor shall thereupon, by order published in the official Gazette, direct
that the Ordinance shall come into immediate effect, but such Ordinance
shall cease to have effect on the expiry of seven days from the date of
the next meeting of the Senate unless confirmed by it.
39. Regulations, how made.—(1) Subject to the provisions of this Act,
the Statutes and the Ordinance, Regulations may be made to provide for all or
any of the following matters, namely-
(a) the courses of study to be laid down for all degrees and diplomas of
the University;
(b) the condition under which students shall be admitted to the degree
or diploma courses and to the examinations of the University and
shall be eligible for such degrees and diplomas;
(c) the formation of departments of teaching in the Faculties;
(d) the conditions and mode of appointment and duties of examiners and
the conduct of examinations;
(e) the standard of teaching to be maintained in the colleges; and
(f) all matters which by this Act, the Statutes or the Ordinances are to be
or may be provided for by Regulations.
(2) (i) A Regulation made by the Academic Council under sub-section (1)
shall be forwarded, as soon as may be, to the Syndicate for transmission to the
Senate, and the Syndicate shall duly forward the same to the Senate with such
recommendations, if any, as it may wish to make and shall have no power to
return it to the Academic Council for reconsideration, unless such
Regulation, in the opinion of the Syndicate relates to matters which directly or
indirectly, affect
the finances of the University.
1[(ii) Such a regulation shall have effect from the date on which it has been
assented to by the Chancellor on being passed by the Senate with or without
amendment, or from any date fixed by the Chancellor:
Provided that at any time except when the Senate is in session, if the
Academic Council makes a Regulation and considers its immediate enforcement
necessary, the Academic Council may recommend through the Syndicate, to the
Chancellor accordingly and Chancellor with such amendment as he think proper
shall direct by a notification published in the Gazette that the Regulation shall
come into immediate effect, but such a Regulation shall cease to be effective on
the expiry of seven days from the date of the next meeting of the Senate, unless
confirmed by the Senate :
Provided further that if any Regulation made by the Academic Council under the
preceding proviso, involves expenditure from the University funds, the Regulation
shall be forwarded to the Chancellor with the advice of the Financial Adviser.]
(3) Where the Syndicate has returned to the Academic Council a
Regulation made by it and the Academic Council on reconsideration of the matter
does not agree with the Syndicate the Academic Council may refer the matter to
the Senate through the Syndicate and thereupon the Senate may either confirm
the Regulation or amend or reject it.
40. Rules.—(1) The authorities and the Boards of the University
constituted either under this Act or under the Statutes made thereunder may
make Rules consistent with this Act, Statutes, the Ordinances and the
Regulation for
the following matters, namely :-
(a) laying down the procedure to be observed at their meeting and the
number of members required to form a quorum;
(b) laying down the procedure to be observed by committees
subordinate to any such authorities and the Board at their meeting
and the number of members required to form a quorum;
(c) providing for all matters which by this Act, the Statutes, the
Ordinances or the Regulations are to be prescribed by Rules; and
(d) providing for all other matters exclusively concerning such authori-
ties, committees and Boards and not provided for by this Act, the
Statutes, the Ordinances or the Regulations.
(2) Every authority of the University may make Rules 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 the meetings.
(3)The Senate may direct the amendment, in such manner as it may
specify, of any Rules made under this section or the annulment of any Rules
made under sub-section (1).
41. Consultation with the 3[Department of Higher Education, Gov-
nment of Jharkhand shall be necessary in the matters relating to making
of Statutes, etc.—The University shall send the drafts of all proposed
Statutes, Ordinances, Regulations and Rules to the3[Department of Higher
Education, Government of Jharkhand for consideration, and shall consider
the advice tendered by the said Board.
42.Hostels.—Every hostel maintained by a College or approved and recognised
by the University shall conform to such general and special conditions, as
may be prescribed by the Ordinances.
43.The Students' Union.—(1) There shall be a union of students of the University
consisting of all the students of Colleges and departments of the University.
1[(2) The organisation and function of the University Students' Union shall be
prescribed by the Statutes.]
44. Annual report of the University.— The annual report on the working
of the University shall be prepared under the direction of the Syndicate and
shall include the annual accounts of the University and shall be submitted to
the Senate on or before such date, as may be prescribed by the Statutes,
and shall be considered by the Senate at its annual meeting and the Senate
may pass resolutions thereon and communicate the same to the Syndicate
for such action, if any, as may be specified in such resolution :
Provided that no decision shall be taken on the annual accounts nor shall
there by anything in the resolution on the annual report which have the effect
of anticipating the report of the auditors on the annual accounts :
Provided further that the report of annual account together with resolution, if
any, of the Syndicate relating thereto shall be placed before the Legislature
for consideration in its next session.
FINANCE, ACCOUNTS AND THE AUDIT OF THE UNIVERSITY.
45.Establishment of the University Fund. — 26[(1) There shall be a Fund
in the name of the University referred in Section 3 of the Act to be called after the
name of that University and the said Fund shall vest in the said University for the
purposes of the Act, subject to the provisions contained therein, and the following
amounts shall be credited to it, namely :-
(a) all sums contributed or granted to the University from the
Consolidated Fund of the State of Bihar by the State Government for
the purposes of the University or for the purposes of the Colleges
and all sums borrowed by the University for the purpose of carrying
out the provisions of this Act and the Statutes, Ordinances,
Regulations and Rules made thereunder;
(b) all money received by and on behalf of the institution and
departments established and maintained by the University including
all sums paid to the University under any provision of this Act and
the Statutes, Ordinances, Regulations and Rules made thereunder;
1[(c) "The balance amount as respectively standing, immediately before
the commencement of the Act, to the credit of Ranchi University,
Ranchi (constituted 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)"
(d) all interests and profits arising from endowments made to the
University and all contributions, donations and subsidies received
from any local authority or private person;
(e) all fees payable and levied under this Act and the Statutes,
Ordinance and Regulations made thereunder; and
(f) all other sums received by the University, not included in clauses (a),
(b), (c), (d) or (e).
(2) The University Fund shall be kept in such scheduled bank within the
meaning of the Reserve Bank of India Act, 1934 (II of 1934), or invested in such
securities authorised by the Indian Trusts Act, 1882 (II of 1882), as may from time to
time, be approved by the State Government.
(3) Nothing contained in this section shall in any way affect any obligation
accepted by or imposed upon the Bihar University, the Bhagalpur University and
the Ranchi University established by the Bihar Act 14 of 1960, or the Magadh
University established by the Bihar Act 4 of 1962, or the Kameshwar Singh
Darbhanga Sanskrit University established by the Bihar Act 21 of 1965, or Lalit
Narain Mithila University established by the Bihar Ordinance no. 89 of 1976; by any
declaration of trust executed by or on its behalf or by any scheme settled under
the Charitable Endowments Act, 1890 (VI of 1890) for the administration of the trust
in so far as such trust or scheme relates to the University or the College.
Legislative changes (after 1982)—Ordinance 14 of 1993 substituted sub-section (1) of
this section which prior to its substitution read as follows:—
"(1) There shall be a Fund to be called the Bihar University Fund for the Bihar
University,(2) a Fund to be called the Bhagalpur University Fund for the Bhagalpur
University, (3) a fund to be called the Ranchi University Fund for the Ranchi University, (4) a
fund to be called the Magadh University for the Magadh University, (5) a Fund to be called
the Lalit Narain Mithila University Fund for the Lalit Narain Mithila University, and (6) a Fund
to be called the Kameshwer Singh Darbhanga Sanskrit University Fund for the Kameshwar
Singh Darbhanga Sanskrit University, and this Fund shall vest in the University for the
purpose of this Act, subject to the provisions contained therein, and the following amounts
shall be credited thereto, namely:—
(a)all sums contributed or granted to the University from the Consolidated Fund of
the State of Bihar by the State Government for the purpose of the University or for the
purposes of the College and all sums borrowed by the University for the purpose of carrying
out the provisions of this Act and the Statutes, Ordinances, Regulations and Rules made
thereunder;
(b)all money received by and on behalf of the institution and departments established
and maintained by the University including all sums paid to the University under any
provision of this Act and the Statutes, Ordinances, Regulations and Rules made thereunder;
(c)the balance amount as respectively standing, immediately before the
commencement of this Act, to the credit of the Bihar University, the Bhagalpur University,
the Ranchi University, the Magadh University, the Kameshwar Singh Darbhanga Sanskrit
University, and the Lalit Narain Mithila Universities (the Bihar University, Bhagalpur and
Ranchi) Act, 1960 (Bihar Act 14 of 1960), Bihar Act 4 of 1962, Bihar Act 21 of 1965 and the
Lalit Narain Mithila University (Second) Ordinance, 1976.
(d)all interests and profits arising from endowments made to the University and all
contributions, donations and subsidies received from any local authority or private person;
(e)all fees payable and levied under this Act and the Statutes, Ordinance and
Regulations made thereunder; and
(f)all other sums received by the University, not included in clauses (a), (b), (c), (d) or
(e)."
The substitution was retained by Act 17 of 1993 which repealed Ordinance 14 of 1993 with
certain changes instead of naming various Universities the expression "Universities referred in
Sec. 3" has been used).
46.Contribution by Government to the University.—(1) The State Gov-
ernment shall contribute annually to the University fund a recurring grant out of
the Consolidated Fund of the State which shall include all expenses of recurring
nature.
(2)The State Government shall calculate the amount of annual recurring
grant in consultation with the Vice-Chancellor and the amount may be revised at
the expiry of a period of every five years.
(3)The State Government may, from time to time, contribute such additional
grants to the University funds, as it may deem fit having regard to the need of
expansion and development of the University or the College.
47. Annual estimates of income and expenditure of Colleges and
University.— (1) The Principal of every College shall prepare in the prescribed
form an estimate of its probable income including income from endowments and
bequests, if any, expenditure for the next ensuing financial year and the same
shall be considered and sanctioned by the Governing body or managing commit-
tee of the College either without alteration or with such alteration, as it thinks fit
and copy of the estimate so sanctioned shall be submitted by the College to the
Vice-Chancellor on or before such date as may be prescribed by the Statutes.
(2) (i) On receipt of the estimate under sub-section (1) it shall forthwith be
referred by the Syndicate to the Finance Committee for scrutiny and
report. Thereupon the Finance Committee shall scrutinize every
item of estimate and in particular the portion of the estimate relating
to grants- in-aid to the College and submit alongwith a report to the
Syndicate, as may be prescribed by the Statutes.
(ii) The Syndicate shall forthwith consider the estimate and the report of
the Finance Committee and return the estimate to the College for
rectification of defects therein, if any.
(3)The Finance Committee shall prepare the annual estimate of income and
expenditure of the University for the next ensuing financial year and shall,
on or before the date as may be prescribed, forward the same together
with the memorandum containing explanatory notes thereon to the
Syndicate which may approve the estimates either without alteration or
with such alteration as it thinks fit and the estimates so approved by the
Syndicate shall be laid before the Senate at its annual meeting.
(4)Every estimate prepared under sub-section (3) shall in accordance with the
direction given by the State Government, make provisions for the due
fulfillment of all the liabilities of the University including the allotment of
grants to the Colleges and for the efficient administration of the Act and
the Statutes, the Ordinances, the regulations and the Rules made
thereunder.
(5) Every estimate under this section shall be prepared in such form and
shall contain such details as may be prescribed by the Statutes.
1[48. Approval of the Budget by the State Government.—(1) Notwithstanding
anything contained in this Act or the Statutes, University Ordinance or Regulation
made thereunder, every University shall send its budget for every financial year to
the State Government. The University shall show therein estimates of receipts
and disbursement for the ensuing year. The State Government shall return the
budget to the University with such modification as it may deem fit and the
University shall act in conformity with such a modified and approved budget.
(2)At any time during the financial year, the University may send a
supplementary budget to the State Government and the State
Government shall return the budget to the University with such
modifications and approval as it may deem proper.
(3)No expenditure shall be incurred by any University unless such an
expenditure has become a part of the budget as finally approved under
sub-section (1)or (2)]
[ladYi la0 14@ch 104&86 f'k0 & 575 fnukad 31 ekpZ 1986]
fo"k;%& fo'ofo|ky; ds okf"kZd vkorhZ vk;&O;; dh tkap lEc/kh izfØ;k ;k fu/kkZj.kA
fo'ofo|ky; ksa ds okf"kZd vkorhZ vk;&O;;dksa dks oÙkZeku esa fcgkj jkT;
fo'ofo|ky; ,oa iVuk fo'ofo|ky; vf/kfu;e] 1976 esa fofgr izko/kkuksa ds
varxZr foÙk lfefr] flaMhdsV ,oa flusV ds vuqeksnu ls cuk;k tkrk gS ,oa bl
izdkj rS;kj fd;k x;k vk;&O;;d jkT; ljdkj ds vuqeksnukFkZ izLrqr fd;k
tkrk gSA
¼2½ pwafd jkT; ljdkj dks izkIr vk;&O;;d dh lE;d tkap iwoZ vfHkys[kksa ds vHkko esa djus
esa dfBukb;ksa dk vuqHko djuk iM+rk gS rFkk fo'ofo|ky; ksa }kjk rS;kj fd;s x;s
vk;&O;;d esa dbZ rduhdh [kkfe;ka jgrh gS] vr% fu.kZ; fy;k x;k gS fd okf"kZd
vkorhZ vk;&O;;d flaMhdsV ls ikfjr gksus ds iwoZ ,oa flusV esa miLFkkfir ds iwoZ
fuEukafdr f=lnL;h; lfefr ds le{k leh{kkFkZ miLFkkfir fd;k tk;xk%&
1- lfpo] foÙk foHkkx] fcgkj ljdkj] iVukA
2- lfpo] f'k{kk foHkkx] fcgkj ljdkj] iVukA
3- lacaf/kr fo'ofo|ky; ds dqyifrA
¼3½ mi;qZDr f=lnL;h; lfefr }kjk izk:i vk;&O;;d dh leh{kk ds fy;s jkT; ljdkj ;k
lacaf/kr fo'ofo|ky; ds fdlh Hkh deZpkjh ;k vf/kdkjh ls lgk;rk izkIr dj fd;k tk
ldsxkA
¼4½ f=lnL;h; lfefr ds leh{kksijkUr rFkk la'kksf/kr rFkk mikUrfjr vk;&O;;d dks
flafMdsV] flusV ds lkeus vuqeksnukFkZ j[kk tk;xk ,oa flusV ds }kjk ikfjr ctV
vf/kfu;e dh /kkjk 48 ds rgr jkT; ljdkj ds vuqeksnukFkZ ;Fkkor Hkstk tk;xkA jkT;
ljdkj izkIr vk;&O;;dksa dks ;Fkkor vFkok ,sls mikUrj.kksa ds lkFk tks og djuk mfpr
le>rh gSs] fo'ofo|ky; dks okil dj nsxh vkSj fo'ofo|ky; bl izdkj ;Fkk
vuqeksfnr vFkok mikUrfjr ctV ds vuq:i dk;Z djsxkA]
49. Consideration of estimates by the Senate.— The Senate shall con-
sider every estimate laid before it under sub-section (3) of section 47 and
shall
sanction the same, either without alteration or with such alterations as it
may think fit.
50. Restriction on expenditure not included in the Budget.—(1) No sum shall be
spent by or on behalf of the University unless the expenditure thereof is
included in the current budget estimates or can be met, with the previous
approval of
the State Government, by re-appropriation or by drawing upon the closing
balance.
(2) The closing balance shall not be reduced below such amount as may be
prescribed by the Statutes.
51. Objects to which the University fund may be applied.— The University
Fund shall be applicable to the following objects-
(a) to the re-payment of debits incurred by the University for the purposes
of this Act and the Statutes, the Ordinance, the Regulations and the
Rules made thereunder;
(b) to the upkeep of department established by the University, hostels
maintained by it and Colleges transferred to it;
(c) to the payment of the salaries and advances of officers, teachers and
other servants of the University, and of any provident fund
contributions to any such officers, teachers and other servants;
(d) to the payment of the travelling and other allowances of the members
of the Senate, the Syndicate, the Academic Council and any other
authorities of the University, or the members of any Committee or
Boards appointed in pursuance of any provisions of this Act and the
Statutes, the Regulations and the Rules made thereunder;
(e) to the making of grants to the Colleges and other institutions;
(f) to the payment of the cost of audit of the University fund under section
52 and of the cost of audit of the accounts of any College under
section 53.
(g) to the payment of expenses of any suit or proceeding to which the
University is party;
(h) to the payment of any expense incurred by the University in carry-
ing out the provisions of this Act and the Statutes, the Ordinance,
the Regulation and the Rules made thereunder; and
(i) to the payment of any other expense, though not specified in any of
the preceding clauses, but declared by the Senate to be the expense
for the purpose of the University.
52. Account and audit of the University Fund. —1(1) (a) Financial Adviser of the
University shall prepare the Annual Budget according to the direction of
the Vice-Chancellor. In the annual budget of the University, there
shall be mention of income from all sources and all items of expenditure.
(b) The audit of the annual budget of the University shall be done every year
by the auditors appointed by Accountant-General, Bihar.]
(2)A copy of the annual accounts of the University together with the auditor's
report thereon shall be submitted by the Syndicate, within six months of
the receipt of the report, to the State Government, the Chancellor and
the Senate and the Chancellor shall cause the same to be published in
the official gazette.
(3)(i) Within six months of the receipt of the auditor's report under sub
section (2) the Senate shall appoint, an ad-hoc- Committee consisting of
the Examiner of Local Accounts, Bihar, and eight such members of the
Senate as are not members of the Syndicate.
(ii) The said Committee shall be known as the University Audit
Committee and shall have power, for the purpose of examining the
auditor's report to call for
explanations from the controlling and disbursing officers and it may-(
a) suggest ways and means to avoid in future any misuse of the University
Fund or irregularity in the accounts of the University;
(b) suggest the recovery of any sum on account of any payment contrary to
law from a University authority, officer or servant or from any person
making or authorising such payment, or the recovery of the amount of
any loss or deficiency from the person responsible therefor or any
amount which ought to have been but which is not brought into account
from the person failing to account for such amount.
(4)The auditor's report together with the report of the University Audit
Committee thereon shall be submitted to the Senate and the State Government
for such action as they think fit.
(5)It shall be lawful for the State Government either on the suggestion of the
University Audit Committee or on its own motion to require any authority, officer or
servant of the University or any person who is found to have spent or authorised
the expenditure of any amount in excess of the amounts provided in the budget or
in violation of any provision of the Act, the Statutes, Ordinances, Regulations or
Rules or is found to have failed to account for any amount, to
simburse the amount in the manner prescribed in the Statutes :
Provided that no order for reimbursement shall be made until the authority,
officer, servant or the person concerned has been given a reasonable opportunity,
of making a representation and the same has been considered by the State
Government.
1[(6) If the State Government is satisfied that an amount has been paid in an
irregular manner and if the amount is not reimbursed within a specified period,
this amount shall be deemed to be a public demand and shall be recoverable
according to the provisions of the Bihar Public Demands Recovery Act, 1914.]
53. Audit of accounts of Colleges.—(1) The accounts of every College
shall be audited and examined annually by a qualified accountant appointed as
auditor by the Syndicate.
(2) The auditor may, by written notice, require any person responsible
for
the preparation of accounts either to appear before him in person or to produce
any document to enable the auditor to obtain such information as he may
consider
necessary for the proper conduct of the audit.
(3) After completing the audit, the auditor shall submit his report to the
Syndicate :
Provided that the Auditor may submit an interim report at any time he thinks fit.
(4) The cost of the audit of the accounts of a College shall be met from
the
University Fund.
54. Power of the State Government to have accounts of the Univer-
sity or College audited.— If it considers necessary, the State Government may
cause the accounts of the University or any College to be audited by such agency
as it thinks fit and on receipt of the audit report it may, after calling for a report
from the University or College on the points raised therein and after considering
the same, issue such directions as it thinks fit and thereupon the University or the
College, as the case may be, shall comply with such directions within the time
specified therein.
55.The Finance Committee—(1) The Finance Committee shall consist of
1[the Vice-Chancellor as Chairman and Financial Adviser as member], an officer
of the State Government not below the rank of a Deputy Secretary to be
nominated by the State Government and four such other members, as are not
members of the Syndicate, to be elected by and from amongst the members of
the Senate in the manner prescribed by the Statutes.
(2) The term of office of members other than the ex-officio members shall
be for a period of three years with effect from the'respective dates of their election
and shall include any further period which may elapse between the expiration of
the said three years and the date of the next succeeding election not being an
election to fill up any casual vacancy.
(3) The Finance Committee shall—
(a) advice the University on any question affecting its finances;
(b) prepare the annual estimates of income and expenditure of the
University including the estimates of the departments of the
University and of the Colleges maintained by it;
(c) subject to statutes, have power to scrutinise the estimates of the
colleges;
(d) subject to Statutes, have power to scrutinise every item of new
expenditure not provided for in the Budget estimates of the University;
(e) be responsible for the strict observance of the Statutes relating to the
maintenance of accounts of income and expenditure of the University;
and
(f) discharge such other functions of financial nature as may, from time
to time, be prescribed by the Statutes or entrusted to it by the Senate
or the Syndicate.
56. Inspection of Colleges.—(1) Every affiliated College shall furnish such
reports, returns and other information as the Syndicate, after consulting the
Academic Council, may require, to enable it to evaluate the efficiency of the
College.
(2)The Syndicate shall cause every such College to be inspected from time
to time.
(3) The Syndicate may call upon any College so inspected to take, within a
specified period, such action as may appear to it to be necessary in respect of
any of the matters specified in any Statutes made under clause (d) of section 22
or under section 34.
2[57. Appointment of teachers and officers.—(1) 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.
(2) (a) The 2[Jharkhand] Public Service Commission shall hold
every year a qualifying test for appointment of Lecturers in the
University/Constituent Colleges/Affiliated Colleges which shall be known as the
Bihar Eligibility Test For this purpose it shall invite subject wise application from
only such candidates who fulfill the prescribed qualifications as laid down in the
Statutes framed in this regard.
However, such test shall be conducted having regard to any regulation
framed or direction issued by the University Grants Commission in this regard;
(b) For appointment of lectures in the University and the Constituent
Colleges the Commission shall invite applications from candidates who have
passed the Bihar Eligibility Test and / or have cleared the Eligibility Test for
lectureship/Junior Research Fellow conducted by the University Grant
Commission/Council for Scientific and Industrial Research and / or have already
been awarded Ph.D. degree in the relevant subject and/ or have already
submitted Ph.D. thesis upto 31st December, 1993 and / or have already been
awarded M.Phil. degree by 31st December, 1992 and on the basis of interview
shall prepare subject wise merit list against the vacancies notified by the
University / Constituent College and such list shall remain valid for a period of one
year from the date of its approval. The subject wise merit list shall consist of twice
the number of vacancies, but the Commission shall send in order of merit only
one name at a time to the University for appointment against a single vacancy.
Provided that the Commission shall recommend names to
the University from the merit list in conformity with the reservation roster prepared
and sent by the University in accordance with the law relating to reservation in
appointment in force in the State:
(c) The vacancies including the likely vacancies in the next calendar
year along with the reservation roster shall be intimated to the Commission by the
University by 31st of December every year.
(3) In making recommendations for appointment to every post of
teacher and officer, the 2[Jharkhand Public Service Commission shall fulfill
conditions contained in Section 58 of the Act.
4(a) 2[x x x]
3[(5) Notwithstanding anything to the contrary contained in this Act, or
Statutes, Rules or Regulations made under it, the law relating to reservation in
force in the State shall apply to all appointments.]
Legislative changes (after 1982)-This section prior to its substitution by
Ordinance 4 of 1985 read as follows:-
f'k{kdksa vkSj inkf/kdkfj;ksa ds inksa ij fu;qfDrA&¼1½ bl vf/kfu;e vkSj ifjfu;eksa
ds micU/kksa ds v/khu jgrs gq, jkT; yksd lsok vk;ksx ¼dqyifr] izfrdqyifr vkSj
ladk;k/;{k ls fHkUu½ fo'ofo|ky; ds f'k{kdksa vkSj inkf/kdkfj;ksa ds inksa ij fu;qfDr ds
laca/k esa ;FkklaHko mUgha dR̀;ksa dk ikyu djsxk] tks mls jkT; lsokvksa ds laca/k esa Hkkjr
lafo/kku ds vuqPNsn 320 }kjk lqiqnZ fd, x;s gSaA
___________________________
1. Subs. for the words "Bihar State Universities (Constituent Colleges)
Service Commission" by Jharkhand Act 6,2003.
2. Section 57 (4) (a), 57(4) (b) and 57 (4) (b) and 57 (4) (c) omitted by
ibid.
3. Ins by Act 17 of 1993
¼2½ fcgkj yksd lsok vk;ksx lHkh fo'ofo|ky;ksa esa izk/;kidksa dh fu;qfDr gsrq
fyf[kr izfr;ksfxrk ijh{kk ds vk/kkj ij ,d iSuy ¼ukfedk½ rS;kj djsxk vkSj mlh iSuy
¼ukf;dk½ ls izk/;kidksa dh fu;qfDr dh tk;sxhA
¼3½ fo'ofo|ky; ds f'k{kd vFkok inkf/kdkjh ds izR;sd in ij fu;qfDr ds fy,
vuq'kalk djus esa jkT; yksd lsok vk;ksx bl vf/kfu;e dh /kkjk 58 esa vUrfoZ"V 'krksZa dk
ikyu djsxkA
¼4½ ,sls f'k{kdksa dh fu;qfDr ftlds fy, bl vf/kfu;e esa nwljk izko/kku ugha
fd;k x;k gS] mldh fu;qfDr fcgkj dkyst lsok vk;ksx dh vuq'kalk ij dh tk;sxhAß
The above substitution continued by successive Ordinances till the passing
of Act 3 of 1990. Later on in 1993 by Ordinance 14 of the 1993 the existing sub-
sections (3) & (4) were renumbered as sub-sections (4) & (5) and a new sub-
section (3) was inserted as follows:-
"(3) Notwithstanding anything to the contrary contained in the Act,
Statutes, Rules or Regulations, the policy of reservation in the State of Bihar shall
apply to all appointments."
Act 17 of 1993 which repealed Ordinance 14 of 1993 while substituted sub-
section (2) it re-arranged the sub-sections according to which the earlier added
new sub-section (3) by Ordinance was repositioned as no. (5) as sub-section (5).
Thereby the existing sub-sections (3) & (4) which were re-numbered as (4) & (5)
by Ordinance took back their original position by Act 17 of 1993.
Sub-section (2) (as it existed after substitution of sec. 57 by Act 3 of 1990)
read as follows:-
¼2½ fcgkj jkT; fo'ofo|ky; ¼vaxhHkwr egkfo|ky;½ lsok vk;ksx lHkh fo'ofo|ky;ksa
rFkk muds vaxhHkwr egkfo|ky;ksa esa fofHkUu dksfV ds f'k{kdksa ,oa inkf/kdkfj;ksa dh fu;qfDr
gsrq vk;ksftr lk{kkRdkj ds vk/kkj ij izR;sd fo'ofo|ky; ds fy;s ,d&,d iSuy
¼ukfedk½ rS;kj djsxkA f'k{kdksa ds fy, fo"k;kuqlkj ;g iSuy cuk;k tk;sxk vkSj mlh
iSuy ls fofHkUu fo'ofo|ky;ksa ,oa egkfo|ky;ksa ds f'k{kdksa rFkk inkf/kdkfj;ksa dh fu;qfDr
dh tks;xhAß
Vide Act 17 of 1993 this sub-section (2) read as follows:-
"(2) (a) The Bihar State University (Constituent College) Service
Commission shall invite subject wise applications for appointment of teachers in
the University, and on the basis of examination and interview held, shall prepare
subject wise Merit List of candidates for appointment against vacancies in all the
Universities and its Colleges. The list so prepared shall be valid for a period of
one year from the date of its approval by the Commission. The subject wise merit
list shall consist of one and half times the number of vacancies notified by the
Commission. The vacancies including the likely vacancies in the next calendar
year along with its reservation roster shall be intimated to the Commission by the
University by 31st of December every year. The Commission shall recommend
names from the merit list in conformity with the reservation roster prepared and
sent by the Universities in accordance with the law relating to reservation in
appointments in force in the State. Such names shall be recommended to the
University in order of preference of the candidates, to the extent possible.
(b) The Officers of the Universities, unless otherwise expressly provided
under this Act, shall be appointed from the list recommended to the Universities
by the Commission as provided in clause (a)."
Subsequently by Ordinance 6 of 1994 the word "teacher" in clause (a) of
sub-section (2) was substituted by the word "lecturer".
Yet another Ordinance 22 of 1994 was promulgated at that time by which
sub-section (2) & (4) were substituted and it continued by successive Ordinance
till the passing of Act 12 of 1995. Sub-section (4) prior to its substitution by Act 12
of 1995 read as follows:-
¼2½ lac) egkfo|ky;ksa ds f'k{kdksa dh fu;qfDr fcgkj dkWyst lsok vk;ksx
ds vuq'kalk ij dh tk;sxhA^^
1[57A. (1) Appointment of teachers of affiliated Colleges not maintained by
the State Government shall be made by the Governing Body on the
recommendation of the 2[Jharkhand Public Service Commission. Dismissal,
termination, removal, retirement from service or demotion in rank of teacher of
such colleges shall be done by the Governing Body in consultation with the
[Jharkhand Public Service Commission in the manner prescribed by the Statutes:
Provided that the Governing Bodies of affiliated minority Colleges based on
religion and language shall appoint, dismiss, remove or terminate the services of
teachers or take disciplinary action against them with the approval of the
2[Jharkhand Public Service Commission:
Provided further that the advice to the 2[Jharkhand Public Service
Commission shall not be necessary in cases involving censure, stoppage of
increment or crossing of efficiency bar and suspension till investigation of charges
is completed.
3[x x x ]
4[(c) For the purpose of absorbing the services of the teacher of the
affiliated colleges, who were appointed by the governing body of the colleges
against the sanctioned posts before the establishment of the College Service
Commission and whose services have been approved by the University as also
the services of such teachers who were appointed by the governing body on the
recommendations of the University Service Commission (Dissolved College
Service Commission) as the case may be, approval of the Bihar State University
(Constituent Colleges) Service Commission shall be necessary, and such
teachers shall be absorbed in the University Service from the date of making the
College constituent and their seniority shall be determined according to the rules
prescribed in the Statutes.]
Legislative changes (after 1982)-In this section clause (c) of sub section (2)
was substituted by Ordinance 4 of 1985 which continued by successive
Ordinances till Act 3 of 1990 was enacted. Prior to its substitution, this clause
read as follows:-
"(c) the consent of University Service Commission shall not be required for
the meager of services of teacher of affiliated colleges appointed against the
posts created by the Governing Bodies before the formation of the College
Service Commission and whose services are approved by the University on the
recommendation of University Service Commission/College Service Commission.
Service of such teachers shall be merged in the University Service, as they are
from the date of conversion shall be determined in accordance with the procedure
laid down in the Statutes.]
5[58. fo'ofo|ky; ds f'k{kdksa ,oa inkf/kdkfj;ksa dh fu;qfDrA&¼1½ bl vf/kfu;e vkSj
blds v/khu cus ifjfu;eksa ds v/khu jgrs gq, fo'ofo|ky; ds f'k{kdksa ,oa
inkf/kdkfj;ksa dh fu;qfDr 6[>kj[k.M yksd lsok vk;ksx vk;ksx dh vuq'kalk
ij] 4[dqyifr] }kjk dh tk;sxhA
___________________________
1. Ins. by Act 68 of 1982
2. Subs. For the word "College Service Commission" by Act 6 of 2003.
3. Sections 57A(2) (a) and 57A(2)(b) omitted by ibid.
4. Subs. By Act 3 of 1990.
5. Subs. B Act 17 of 1993.
6. 'kCn Þfcgkj jkT; fo'ofo|ky; ¼vaxhHkwr egkfo|ky;½ lsok vk;ksxß ds fy,
>kj[k.M la'kks/ku vf/kfu;e 6] 2003 }kjk izfrLFkkfirA
¼2½ dkWystksa ,oa fo'ofo|ky;ksa ds f'k{kdksa ,oa inkf/kdkfj;ksa dh fu;qfDr ds fy;s
flQkfj'k fuEufy[kr ijUrqd ds v/;/khu dh tk;sxh( fuEufyf[kr fo'ks"kK
vk;ksx dks ijke'kZ nsaxs%&
¼d½ fo'ofo|ky; izkpk;Z ;k fo'ofo|ky; izkpk;Z dh dksfV ds iz/kkukpk;Z dh fu;qfDr
ds fy;s&
1[(i) Senior most teacher of the subject concerned not below the rank of
University Professor:
Provided that if there is no such teacher in the University, the Head of the
Department of the subject concerned of any other University not below the rank of
University Professor:
Provided further that the expert shall be Principal of the rank of University
Professor for the appointment of Principal of the rank of University Professor.]
(ii) dqykf/kifr }kjk uke funsZf'kr fo'ofo|ky; ds ckgj dk fo'ofo|ky;
izkpk;Z ls vU;wu iafDr ds lacaf/kr fo"k; ds rhu fof'k"V fo}ku@fo'ks"kKA
2[Provided that for the appointment of Principal of the rank of University Professor,
one shall be a Vice-chancellor/Ex-Vice-Chancellor of any other University amongst the
said three Specialist/Export]
(iii) Åij (i) vkSj (ii) esa vafdr fo'ks"kKksa esa de ls de rhu fo'ks"kK lnL; cSBd esa
vo';d mifLFkr jgsaxsA
¼[k½ izkpk;Z@mikpk;Z@mikpk;Z dksfV ds iz/kkukpk;Z@fo'ofo|ky;
iqLrdk/;{k@izk/;kid dh fu;qfDr ds fy,&
1[(i) Senior most teacher of the subject concerned not below the rank of University
Professor:]
Provided that if there is no such teacher in the University, the Head of the
Department of the subject concerned of any other University not below the rank of
University Professor:
3[" Provided further that in the case of appointment of lecturer if teacher in the
concerning subject of the rank of Professor (University Professor) of that University or
any other University is not available, teacher of the concerned subject of that University
or any other University not below the rank of reader."
Provided further that the expert shall be a Principal of the rank of University
Professor for the appointment of the Principal of the rank of Reader.]
(ii) dqykf/kifr }kjk uke funsZf'kr fo'ofo|ky; ls ckgj ds fo'ofo|ky;ksa ds vkpk;Z ls
vU;wu iafDr ds lacaf/kr fo"k; ds nks fof'k"V fo}ku@fo'ks"kKA Åij ¼i½ vkSj (ii) esa
vafdr fo'ks"kKksa esa ls de ls de nks fo'ks"kK vk;ksx dh cSBd esa vo'; mifLFkr jgsaxsA
¼x½ fo'ofo|ky; ds inkf/kdkfj;ksa dh fu;qfDr ds fy;s&
(i) dqyk/kifr }kjk uke funsZf'kr vius fo'ks"k Kku ,oa vfHk#fp ds fy;s
iz[;kr ,d O;fDr tks fo'ofo|ky; lsok esa u gksA
(ii) dqykf/kifr }kjk uke funsZf'kr nks fo'ks"kKA Åij (i) vkSj (ii) esa vafdr fo'ks"kKksa
esa ls de&ls&de nks fo'ks"kK vk;ksx dh cSBd esa vo'; mifLFkr jgsaxsA
___________________________
1. Subs. By Act 3 of 1990
2. Ins. By ibid.
3. Clause (a) deleted by 17 Act of 1993 and sub-clause (b) renumbered as
sub sec.3.
1[(?k) vk;ksx izR;sd in ds fy, ek= ,d gh vuq’kalk djsxkA
2[x x x x x x]
(3) 2If the Vice-Chancellor does not accept the recommendation made by the
Commission, it shall record its reasons in wring and forward the case for order to the
Chancellor and the order of the Chancellor be final and binding.]
3[(4) Appointment to the posts of teachers and officers shall be made on the
recommendations of Commission unless otherwise provided under the Act.]
¼5½ vf/kfu;e esa fdlh ckr ds gksrs gq, 4[dqyifr] fo’ofo|ky; izkpk;Z ;k fo’ofo|ky;
izkpk;Z dh dksfV ds iz/kkupk;Z ds in ij lEcaf/kr fo'k; esa fdlh [;kfr izkIr
fof’kV fo}ku dh fu;qfDr okrkZ ds tfj;s vkSj dqykf/kifr dk iwoZ vuqeksnu
izkIr djds dj 4[ldsxk]A
¼6½ 4[dqyifr] ds fy, fo’ofo|ky; ds f’k{kdksa ,oa inkf/kdkfj;ksa dh in~P;wfr]
vilkj.k ,oa inksUufr ds vfrfjDr mudsa lEca/k esa vU; dksbZ dkjZokbZ djus ds
fy;s vk;ksx ls ijke’kZ djuk vko’;d ugha gksxkA
¼7½ fo’ofo|ky; ds f’k{kdksa ,oa inkf/kdkfj;ksa dh vU; lsok’krsZa vuq’kklfud dkjZokbZ
lfgr] ifjfu;eksa }kjk vo/kkfjr dh tk,xhA
¼8½ fo’ofo|ky; ds f’k{kdksa ,oa inkf/kdkfj;ksa dh fu;qfDr esa vk;ksx dh lgk;rk djus
gsrq dqykf/kifr }kjk uke funsZf’kr O;fDr;ksa dk p;u 5[>kj[k.M mPprj f’k{kk
funs’kky; }kjk izLrqr ukfedk ls gh fd;k tk;sxkA
4[(9) (a) Notwithstanding anything contained in the Act, a purely temporary
appointment on a post of Lecturer, duly sanctioned by the State Government may be
made for a maximum period of six month or till the end of session (whichever is earlier)
by the following Selection Committee constituted under the chairman ship of Vice-
Chancellor:-
Members of Selection Committee
Vice-Chancellor-Chairman.
Senior most teacher of the rank of University Professor/ Head of the Department of
the subject concerned- Member.
An expert of rank of the University Professor to be nominated by the Chancellor-
Member.
1[(4) A member of the Scheduled Castes/ Scheduled Tribes/ Other Backward
Classes having academic interest, to be nominated by the State Government- Member.]
In any case the Lecturer appointed on temporary basis as aforesaid shall neither
continue in service nor be-appointed on the expiry of the said period of six months. Such
appointment shall be made only once and for a maximum period of six months.]
________________________________________
¼?k½ deleted by Act 17 of, 1993 and ¼M-½ renumbered as ¼?k½ vide ibid.
Clause (a) deleted by 17 Act of 1993 and sub-clause (b) renumbered as sub sec. 3
Subs. by Act 3 of 1990.
Subs. by Act 17 of 1993.
Subs. for the words “ Inter University Board' by Jharkhand Act 6 of 2003
Section 58 (10) omitted by ibid.
Legislative changes (after 1982)- Ordinance 4 of 1985 (w.e.f.6.2. 1985) brought following
changes in this section:
(1) Substitution of sub-section (2) (a) (i), (2) (b) (i) and (3) (b);
(2) for the words “Bihar Public Service Commission' and “Commission' the words
“Bihar University (Constituent Colleges) Service Commission' shall be
substituted;
(3) Insertion of new sub-section (9)
Prior to their substitution by Ordinance 4 of 1985 sub-sections (2) (a) (i), (2) (b)
(i) and (3) (b) read as follows:
“(2) (a) (i) fo’ofo|ky; izkpk;Z ls vU;wu iafDr dk lEcfU/kr fo"k; dk foHkkx/;{k% ijUrq
fo’ofo|ky; esa ,slk dksbZ f'k{kd ugha gks rks vU; fo’ofo|ky;ksa ds ml fo"k; dk foHkkx/;{k
tks fo’ofo|ky; izkpk;Z ls vU;wu dksfV dk gksA^^
“(2) (b) (i) fo’ofo|ky; izkpk;Z ls vU;wu iafDr dk lEcfU/kr fo"k; dk foHkkxk/;{k% ijUrq
fo’ofo|ky; esa ,slk dksbZ f’k{kd ugha gks rks vU; fo’ofo|ky; ds ml fo"k; dk foHkkx/;{k tks
fo’ofo|ky; izkpk;Z ls vU;wu dksfV dk gksA^^
“(3) (b) vk;ksx dk ;g dÙkZO; gksxk fd egkfo|ky; ds lEcU/k esa fd;s dR̀;ksa dk okf"kZd
izfrosnu fo’ofo|ky; dks HkstsxkA izfrosnu dh izfr flusV dh vkxkeh cSBd esa izLrqr dh
tk,xh vkSj fo’ofo|ky; flusV dh Vhdk fVIi.kh ds le; ;fn dksbZ gks rks] mls jkT; ljdkj
dks vxzlkfjr djsxk vkSj jkT; ldkj mls fo/kku eaMy ds le{k izLrqr djsxhA^^
After their substitution by Ordinance 4 of 1985 the above clauses and sub-
section (9) read as sity Professor.'
“Provided further that the expert shall be a Principal of the rank of
University Professor for the appointment of the Principal of the rank of
University Professor.'
“Provided that for the appointment of Principal of the rank of University
Professor, one shall be a Vice-Chancellor/ex-Vice Chancellor of the outside
University from amongst the said three Specialists/ Experts.'
“(2) (b) (i) Senior most teacher of the subject concerned not below the
rank of University Professor.'
“Provided further that the expert shall be a Principal of the rank of University
Professor for the appointment of the Principal of the rank of Reader.'
“If the Syndicate/Governing Body does not accept the recommendation
made by the Commission it shall record its reasons in writing and forward the
case for order to the Chancellor and the order of the Chancellor shall be final
and binding.'
“(9) Notwithstanding anything contained in the Act purely temporary
appointment on a post of Lecturer, duly sanctioned by the State Government
may be made for a maximum period of six months or till the end of session
(whichever in earlier) on the recommendations of the following Selection
Committee constituted under the chairmanship of Vice-Chancellor:-
1) Vice-Chancellor- Chairman.
2) University Professor of the subject concerned (the senior most teacher of
the rank of University Professor) Member.
3) An expert of the rank of the University Professor to be nominated by the
Chancellor Member.
(C) In any case the lecturer appointed on temporary basis as aforesaid, shall
neither continue in service nor be re-appointed on the expiry of the said period
of six months. Such appointment shall be made only once and for a maximum
period of six months.'
Ordinance 39 of 1986 (w.e.f. 17.12.1986) brought further changes as follows:-
“Amendment of section 58 of Bihar Act 23, 1976. – In the said Act in section
58.-
(i) in sub-sections (1) and (5) for the word, “Syndicate' the word “Vice-
Chancellor shall be substituted.
(ii) in sub-section (6) for the word “Vice Chancellor/Syndicate' the word “Vice-
Chancellor shall be substituted.'
The above changes continued till enactment of Act 3 of 1990.
Again in 1993 by Ordinance 14 of 1993 changes were introduced in this
section as follows:-
“(10) Notwithstanding anything to the contrary contained in the Act of Statutes,
rules or regulations all promotions give on temporary basis to the post of
Readers of Professors or Principals or the Officers of the University shall be
valid for not more than six months unless
recommended by the Bihar State University (Constituent Colleges) Service
Commission:
Provided that all relevant record and paper concerning such promotion
shall be sent to the Commission by the University within a period of one
month from the date of such temporary promotion, otherwise, it shall ceased
to be operative after lapse of one month from the date of the such promotion.'
However, Act 17 of 1993 which replaced Ordinance 14 of 1993 introduced
new amendments and retained insertion of sub-section (10) but without its
proviso, as follows:-
“Amendment of Section 58 of Bihar Act 23 of 1976- in Section 58 of the
said Act:-
(i) In sub-section (2) clause (d) shall be deleted and clause (e) shall be
renumbered as clause (d).
(ii) In sub section (3) clause (a) shall be deleted and clause (b) shall be
renumbered as sub-section (3).
(iii) For sub-section (4) the following shall be substituted namely:-
“(4) Appointment of the posts of teachers and officers shall be made on
the recommendation of the Commission unless otherwise provided under the
Act'
(iv) After sub-clause (3) of Clause (a) of sub-section (9), the following new
sub-clause shall be inserted, namely:-
“(4) A member of the Schedule castes/Scheduled Tribes/Other Backward
Classes having academic, entrust to be nominated by the State Government-
Member.'
(v) After sub-section (9), the following new sub-section shall be added,
namely:-
“(10) Notwithstanding to the contrary contained in this Act or Statutes,
Rules or Regulation made there under promotion given on temporary basis to
the post of Reader or professor or Officers of the University shall not be valid
for a period exceeding sis months unless recommended by the Bihar State
University (Constituent College) Service Commission.'
In 1996 by Ordinance of 6 of 1996 (w.e.f.6.8.1996) a new second proviso was
inserted in clause (i) of clause (b) of sub-section (2) and this continued by
successive Ordinances and finally Act 8 of 1998 was enacted to give this
insertion permanency.
1[58A. Constitution of Advisory Committee.- For each college maintained and
administered by the University, there shall be an Advisory Committee which
shall be constituted and shall function in accordance with the manner
prescribe by the Statutes]
59. Relation of affiliated College with the University.- The relations of the
affiliated Colleges with the University shall be governed by the Statutes to be
made in that behalf , and such Statutes shall provide in particular for the
exercise by the University of the following power in respect of the College
affiliated to the University:-
(1) to lay down minimum education qualifications for the different classes of
teachers and tutorial staff employed by such Colleges;
(2) to approve the action taken by the governing bodies of such colleges in
regard to creation of posts of teachers , their appointments, dismissal,
discharge, removal from service, termination of service and determination of
term of post 1[and to approve the deputation of teachers to the Intermediate
Colleges delinked from the affiliated College;]
(3) to co-ordinate and regulate the facilities provided and expenditure incurred
by such Colleges, in regard to libraries laboratories and other equipments for
teaching and research;
(4) to require such Colleges, when necessary, to confine the enrolment of
students to certain specific subjects;
(5) to regulate conditions of service to teachers of such colleges including the
grant of leave with or without allowances and the constitution of pension,
insurance, and provident funds for the benefit of such teacher; and
(6) to require satisfactory arrangement for tutorial and similar other work is
such Colleges and to inspect such arrangements from time to time.
________________________________________
Ins. by Act 68 of 1982
Provided that such colleges shall supplement such teaching by tutorial or
other instruction of training in manner to be prescribed by the Regulation to be
made by the Academic Council.
60. The Governing body.-(1) There shall be governing body for the
management and administration of each affiliated college other than a college
owned and maintained by the State Government or a college established and
administrated by a minority community on the grounds of religion or language
or an affiliated technical or medical college.
It shall consist of following members-
Principal of the College-Ex-Officio,
a member elected by and from amongst the teachers of the college,
a representative of the University nominated by the 2[Vice-Chancellor]
an officer of the State Government posted in the district, being not below the
rank of a sub-division magistrate, nominated by the 1[Vice-Chancellor]
a member elected by such donors form amongst themselves as has donated
at least twenty five thousand rupees to the College,
One member to be nominated by the -1[Vice-Chancellor], who is a member of
the Parliament or the State Legislature and mainly resides in the district of the
area in which the College is situated; and
One member co-opted by the Governing body from amongst such
educationists or persons residing in the district where the college is situated
as are reputed for their academic interest.
(2) The term of office of the members of the Governing body, their powers and
functions shall be such as are prescribed by the Statutes.
(3) Any act or proceedings of the Governing body of affiliated colleges shall
not be invalid merely because of any vacancy or vacancies in its member ship.
(4) The 1[Vice-Chancellor shall constitute and adhoc committee for the
management of the College so long as Governing body is not constituted in
accordance with the provisions contained in sub-section (1).
(5) The Governing body/ Managing Committee for the management and
administration of a College owned and maintained by the Government, or
established and administered by a minority community, on the ground or
religion or language and declared, from time to time, as such by the State
Government according to yard stick laid down by it, or of any affiliated
technical or medical college shall be constituted in accordance with the
provisions prescribed in the Statues.
Enrolment and Degrees
2[61. Enrolment of students in University:- (1) No student shall be enrolled as
a student in the University unless he has passed the Intermediate or
equivalent examination held by a body incorporated by any law for the time
being in force and recognized by the University.
(2) The State Government may determine the maximum numbers of seats for
enrolment of students in the Faculties and Departments of the University and
the colleges under its jurisdiction and directions issued thereto shall be
binding on the University.
_________________________________________
Subs. by Act 3 of 1990
Subs. by Act 17 of 1993.
1(3) The quota for reservation of seats in each university, faculties,
department and colleges under the University for admission of students to
different courses shall be determined by the State Government as follows
which shall be binding on the University-
Scheduled Castes – 14% of the sanctioned seats.
Scheduled Tribes – 10 % if the sanctioned seats.
Extremely Backward classes – 14% of the sanctioned seats
Backward classes – 10% of the sanctioned seats.
Women of Backward classes – 2% of the sanctioned seats.
Reservation of seats for admission of student shall not exceed more than 50%
of the sanctioned seats. However a reserved category student who is selected
on the basis of his/her merit shall be counted against 50% seats of open merit
category and not against seats of reserved category.
(4) The State Government may be notification direct the University to
prescribe entrance examination for admission into the graduate courses in the
colleges specified in this behalf and to commence such entrance examination
annually from the academic session notified by the State Government in this
behalf.]
Legislative changes (after 1982)- Act 17 of 1993 substituted this section.
However the preceding Ordinances which ultimately culminated in the passing
of Act 17 of 1993 did not contains any amendment to this section. Prior to its
substitution this section read as follows:-
“Qualification for enrolment of students of the University.- No student shall be
enrolled as a student of the University unless he has passed the Secondary
School Examination or any other equivalent examination held by the
University or any other University or body [incorporated by any law for the
time being in force and recognized by the University.
Provided that students having passed the Higher Secondary or Pre-University
Examination shall continue to be enrolled in the manner as prescribed in the
Ordinance and Regulations.'
Later on by Act 16 of 1996 a new sub-section (3) providing for reservation in
admission was added and the existing sub-section was renumbered as sub-
section (4).
62. Appointment of the Commission.-(1) The State Government may at any
time, by an order published in the official Gazette, constitute a Commission.
(2) The Commission constituted under sub-section (1) shall inquire into and
report on the following-
the working of the University;
the financial condition of the University, its college and other academic
institutions;
any changes to be made in the provisions of this Act, the Statutes, the
Ordinances and the Regulations with a view to bringing about improvements;
such other matter as may be referred to it by the State Government.
(3) On receipt of the recommendations under sub-section (2), the State
Government may send the same to the appropriate authority of the University
for consideration and report thereon, and on receipt of his report, may pass
such order thereon as it may consider fit. It shall cause the said order
published in the official Gazette. Thereupon the University shall comply with
the order within such time as may be specified by the State Government.
63. Dispute as to constitution of University authorities and bodies-
If a question arises whether any person has been duly elected, or is entitled to
be, a member of the senate, the Syndicate or the Academic Council, the
matter shall be referred to the Chancellor whose decision thereon shall be
final.
_________________________________________________
Ins. by Act 16 of 1996 (Sub-sec. 3 renumbered as 4)
64. Filling of vacancies- All vacancies among the members (other than ex-
officio members) of any authority or other body of the University by reason of
death resignation or otherwise shall be filled, as soon as conveniently may be
by the person or body who appointed, nominated, elected or co-opted the
member whose place has become vacant and the person so appointed,
nominated, elected or co-opted shall be a member of such authority or body
for the unexpired portion of the prescribed term:
Provided that pending the filling up of such vacancies by appointment,
nomination in the manner aforesaid, the vacancies (other than a vacancy in
the Senate may, if the authority or body of the University so decides, be filled
by the co-option of any person qualified to fill such vacancy under the
provisions of this Act, and any person so co-opted shall hold office as a
member of such authority or body until a person is appointed, nominated or
elected thereto in accordance with the provisions of this Act.
65. Proceedings of University authorities and bodies not invalidated to
vacancies. – No act or proceeding of any authority or other body of the
University shall be invalid merely by reason of the existence of a vacancy or
vacancies among its members.
66. Conditions of service of officers and teachers of the University. –
(1) Every salaried Officer of University and every teacher employed in a
University Department other than officers and teachers who are members of
the public services in India and whose services have been lent to the
University under clause (i) of sub-section (2), shall be appointed on a written
contract which shall be lodged with the Registrar of the University and copy
thereof shall be furnished to the officer of teacher concerned. Every teacher of
the University shall in the absence, of any agreement to the contrary, be
governed by the conditions and restrictions, as specified in the Statutes.
(2) Any member of the public services in India, whom it is proposed to appoint
to post in the University, shall subject to the approval of such appointment by
the Government concerned and the terms thereto, have the option-
(i) of having his services lent to the University and remaining, at any time,
liable to recall to the recall to the service of the Government at the option of
the Government concerned; or
(ii) of resigning the service of the Government on entering the service of
the University.
Provided that where the University, after consultations with the 1[The
Bihar State Universities (Constituent College) Service Commission] is
satisfied that an officer or teacher, being a servant of the Government whose
services have been lent the University deserves the punishment of dismissal,
removal or reduction in rank, the University shall forward to the Government
the proceedings instituted against such officer or teacher together with all
connected papers including the findings of 1[the Bihar State Universities
(Constituent Colleges) Service Commissions] and thereupon the Government
shall forthwith cause the said officer or teacher to be reverted to the service of
the Government and take such action against him as its think fit.
2[(3) It shall be lawful for the University to depute teacher of the University
service to the intermediate college, delinked form the college, according to
procedure prescribe in the Rules.]
Legislative changes (after 1982)- The words “The public Service
Commission' was substituted by the words “Bihar State University
(Constituent Colleges) Service Commission' by Ordinance 4 of 1985 and this
was accorded finality after the successive Ordinance, by enactment of Act 3 of
1990
_____________________________
Subs. by Act 3 of 1990
Ins by Act 68 of 1982
67. Retirement from service. – 1[(a) Notwithstanding anything to the
contrary contained in any Act, Rules or any Judgment of decree of a Court,
the date of retirement of teaching and non-teaching employee of the
University or of 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 cause 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'
(b) The University may require any teaching or no-teaching employee who,
reckoned from the date of his first appointment, has completed the qualifying
service of 23 years or a total service of 27 years, to retire from the University
service, if considers that his conduct or efficiency is such as does not justify
his continuation in the service.
(c) (i) Notwithstanding anything contained in the preceding sub-section,
any teaching or non-teaching employee may, after giving at least three
months prior notice in writing to the concerned appointing authority, retire from
such date on which such a teaching or no-teaching employee has completed
32 years of qualifying service or attains 52 years of age, or from such date
thereafter as may be specified in the notice:
Provided that no employee of the University under order of suspensions
shall retire except without a specific approval of the Syndicate.
(ii) The University may, in the public interest, require any teaching or non-
teaching employee, after giving at least three months prior notice in writing or
after paying an amount equivalent to pay and allowance of three months in
lieu of such notice, to retire from such date on which he completes 32 years of
qualifying service or attains 52 years of age, or from such date thereafter as
my be specified in the notice.
(d) The provisions contained in the preceding sub-sections shall mutatis
mutandis apply to the teaching and non-teaching employees of affiliated
Colleges.
Legislative changes (after 1982)-Clause (a) of this section was first
substituted by Ordinance 35 of 1986 (w.e.f.1.4.1986) which prior to its so
substitution read as follows:
“(a) Save as otherwise expressly provided in this Act, The date of
retirement of any teaching or non-teaching employee, other than inferior
servants, of the University or any College, shall be the date on which he
attains the age of sixty years:
Provided that such teachers, who do not opt for the pay-scales
revised with effect from the 1st day of January, 1973, and such non-teaching
employees, who are in the service of University from a date prior to the
commencement of this Act, shall retire after attaining the age of sixty-two
years:
Provided further that no University shall extend the period of
service of or reappoint any teaching or non-teaching employee after his
completing the age of 60 or 62 years as the case my be.'
After its substitution by ordinance 35 of 1986 Clause (a) read as
follows:-
“(a) Save as otherwise expressly provided in the Act the date of
retirement of a teaching employee of the University or of a college with effect
from the 1st April 1986 shall be the date on which he attains the age of 62
years. The date of retirement of non-teaching employee (other-wise than
inferior servants) shall be the date on which he attains the age of 60 years,
buy the date of retirement of such non-teaching employees who are in the
service of the University prior to the commencement of this Act, shall be the
date on which he attains the age of 62 years:
Provided that the University shall in no case, extend the period of
service of any of the teaching or non-teaching employees or re-appoint him
after he attains the age of 60 or 62 years as the case may be.'
_________________________________
1. Subs. by Jharkhand Act 6 of 2003
This clause as so substituted by Ordinance 35 of 1986 continued by
subsequent Ordinances the last being Ordinance No. 20 of 1986. Thereafter
Ordinance no. 2 of 1990 (w.e.f.9.8.1989) again substituted this clause which
read as follows:-
^^¼d½ bl vf/kfu;e esa vfHkO;Dr :I ls micaf/kr voLFkk dks NksM+dj
fo’ofo|ky; ;k egkfo|ky; ds f’k{kd deZpkjh dh lsok fuof̀r dh frfFk 1yha vizhy
1986 ls og gksxh ftl frfFk dks og 62 o"kZ dh vk;q izkIr dj ys( f’k{kdsÙkj deZpkjh
¼voj lsodksa buQhfj;j losZUV~l dks NksM+dj½ dh lsok&fuo`fÙk dh frfFk og gksxh ftl
frfFk dks og 60 o"kZ dk vk;q izkIr dj ys] fdUrq oSls f’k{kdsÙkj deZpkjh] tks bl
vf/kfu;e ds izkjHHk ds iwoZ ls fo’ofo|ky; dh lsok esa dk;Zjr gS] dh lsok fuof̀r dh
frfFk og gksxh ftl frfFk dks os 62 o"kZ dh vk;q izkIr dj ysa%
ijarq ;g fd fo’ofo|ky; fdlh Hkh n’kk essa fdlh Hkh f’k{k.k deZpkjh ;k f’k{kdsÙkj
deZpkjh dh ;FkkfLFkfr 60 ;k 62 o'kZ dh vk;q iwjk djus ds ckn] mldh lsok vof/k dk
u rks foLrkj dj ldsxk vkSj u iqufuZ;qDr gh dj ldsxk %
ijUrq ;g vkSj fd fcgkj jkT; fo’ofo|ky; ¼la’kks/ku½ f}rh; v/;kns’k] 1989 ¼fcgkj
v/;kns’k la[;k 20] 1989½ ds O;ixr gksus dh frfFk ,oa fcgkj jkT; fo’ofo|ky;
¼la’kks/ku½ rr̀h; v/;kns’k] 1990 ds iz[;kiu dh frfFk ds vUrjky esa ,sls f’k{kd tks
vf/kfu;e dh /kkjk 67 ds [kaM ¼d½ ds izHkkoh ugha jgus dh fLFkfr esa lsokfuo`Ùk gks x;s gS
os fdlh U;k;ky; ;k U;k;kf/kdj.k }kjk fn;s x;s fu.kZ;] fMxzh] vkns’k] funs’k] fjV vkS
izfr'ks/k ds gksrs gq, Hkh lsok&fuo`fÙk dh frfFk ls lsok esa ekus tk;saxs ekuks mudh
lsok&fuo`fÙk ugha gqbZ gksA^^
Section 22 of the Ordinance 2 of 1990 provided for retrospectively as follows:-
^^22- v/;kns’k dk v/;kjksgh izHkkoA& fcgkj jkT; fo’ofo|ky; ¼la’kks/ku½ f}rh; v/;kns’k]
1989 ¼fcgkj v/;kns’k la[;k 20] 1989½ ds O;ixr gksus dh frfFk ,oa fcgkj jkT;
fo’ofo|ky; ¼la’kks/ku½ r`rh; v/;kns’k] 1990 ds iz[;kiu gksus dh frfFk ds vUrjky esa
rRle; izòÙk fdlh vU; fof/k esa ;k fof/k laizHkko fdlh fyf[kr esa vUrfoZ"V fdlh
vlaxr ckr ds gksrs gq, Hkh ;k fdlh U;k;ky; ;k U;k;kf/kdj.k }kjk fn;s x;s fu.kZ;
fMxzh] vkns’k] funs’k] fjV vkSj izfr"kks/k ds gksrs gq, Hkh bl v/;kns’k ds izko/kku izHkkoh
gksaxsA^^
Later on in 1993 Ordinance 6 of 1993 was promulgated which substituted
once again clause (a). Shortly thereafter another Ordinance 12 of 1993 was
promulgated which introduced a new section 3 in Ordinance 6 of 1993. By this
new section it was sought to nullify the amendments brought by Act 3 of 1990.
After its substitution by Ordinance 6 of 1993 this clause (a) read as follows:-
“(a) Notwithstanding anything to the contrary contained in this Act. Ordinance,
Rules or any judgment or decree of a Court, the date of retirement of a
teaching employee of University or of a College shall be the date on which he
attains the age of sixty years. The date of retirement of non-teaching
employee (other than the inferior servants) shall be the date on which the
attains the age of 60 years:
Provided that the date of retirement of such non-teaching employee who is in
the service of the University prior to the commencement of the Bihar State
Universities Act, 1976 (Bihar Act 23, 1976) shall be the date on which he
attains the age of 62 years;
Provided further that the University shall in no case, extend the period on
service of any of the teaching or non-teaching employee after he attains the
age of sixty or sixty two year, as the case may be.'
Section 3 added by Ordinance 12 of 1993 read as follows:-
“3. Repeal and Savings – (1) Amendment made in Section 67 of the Bihar
State Universities Act, 1976 (Bihar Act 23 of 1976) by the Bihar Act, 3 of 1990
is hereby repealed.
(2) Provided that notwithstanding such repeal and the amendment made by
by section 2 of the Bihar Ordinance 6, 1993, payment made to any person as
salary and allowances under section 21 of Bihar Act 3, 1990 or any amount
payable against the actual services rendered, as the case may be, shall not
be affected and any payment so made shall not be recovered.'
The next Ordinance in series i,e. Ordinance 14 of 1993 again substituted
this clause while retained the nullification of amendments brought by Act 3 of
1990. The so substituted clause (a) and the clause for “repeal' read as
follows:-
“(a) Notwithstanding anything to the contrary contained in this Act or any
other Act, Ordinance, Rules or any judgment or decree of a Court, the date or
retirement of a teaching employee of the University or of a College shall be
the date on which he attains the age of sixty years. The date of retirement of
no-teaching employee or appoint him (other than the inferior servants) shall
be the date on which he attains the age of 60 years.
Provided that the date of retirement of such non-teaching employee who is
in the services of the University prior to the amendment of the Bihar State
Universities Act, 1976 (Bihar
Art 23, 1976) shall be the date on which he attains the age of 62 years.
Provided further the University shall in no case extend the period of
service of any of the teaching or non-teaching employee after he attains the
age of sixty or sixty-two years as the case may be:
Provided further also that re-appointment of teacher after retirement may be
made in appropriate and deserving cases up to the age of sixty-five years in
the manner laid down in the Statutes to be made in this behalf in accordance
with the guidelines of the University Grants Commission.'
Thereafter Act 17 of 1993 was passed which hold the field even today. By this
Act the nullification of amendments brought by Act 3 of 1990 was also
retained as follows:-
“Repeal and Savings,- (1) amendment in Section 67 of the Bihar State
Universities Act, 1976 (Bihar Act 23 of 1976) by the Bihar Act 3 of 1990 is
hereby repealed.
(2) The Bihar State Universities (Amendment) Ordinance, 1993 (Bihar
Ordinance no. 6 of 1993), the Bihar State Universities (Second Amendment)
Ordinance, 1993 (Bihar Ordinance no. 12 of 1993) and the Bihar State
Universities (Third Amendment) Ordinance, 1993 (Bihar Ordinance no. 14 of
1993) are hereby repealed:
Provided that notwithstanding such repeal salaries and allowances
already paid or payable to a person against actual services rendered after
having reached the age of sixty years but prior to the commencement of Bihar
Ordinance no. 6 of 1993 shall not be affected.'
1[68. vkpkj lafgrk –(1) fo’ofo|ky; deZpkfj;ksa ds fy, vkpkj lafgrk
ifjfu;eksa }kjk fofgr dh tk;xhA
2[2. fo’ofo|ky; }kjk fu;af=r fo’ofo|ky;@ egkfo|ky;@laLFkku ds
f’k{kd ,oa f’k{kdsÙkj in] tc rd vU;Fkk vafdr u gks] lk/kj.kr% iw.kZdkfyd in gSA
fo’ofo|ky; @ egkfo|ky;@laLFkku }kjk iznÙk f’k{k.k ,oa vU; dÙkZO;ksa dk ikyu bu
inksa ij fu;qDr O;fDr;ksa dh iw.kZdky rd djuk gSA ;fn fo’ofo|ky; }kjk fu;af=r
fo’ofo|ky; @ egkfo|ky; @ laLFkku dk dksbZ f’k{kd ;k deZpkjh fdlh laLFkku ds
fuokZfpr vFkok xSj&fuokZfpr in ;k mldh lnL;k xzg.k djuk gS] ftlls fo’ofo|ky;
ds f’k{k.k vFkok vU; dk;ksZa esa ck/kk mRiUu gksrh gS] rks oSls f’k{kd @ deZpkjh dks
fo’ofo|ky;@egkfo|ky; @ laLFkku ls vuqefr ysuh gksxh vkSj vius fu;ksDrk ls ,d
fuf’pr vof/k ds fy, loSrfud @ voSrfud voSrfud vodk’k ysuk gksxkA
fo’ofo|ky;@ egkfo|ky;@laLFkku ds f’k{kd vkSj deZpkjh futh
jkstxkj] m|ksx&/ka/kk] futh vuqf’k{k.k rFkk vU; dk;Z] tks
fo’ofo|ky;@egkfo|ky;@laLFkku dh jk; esa mudh fu;qfDr ds fgr esa ugha gks] djus
dh vuqefr ugha gksxhA f’k{kd@deZpkjh tks vlk/kkj.k NqV~Vh ij tk,axs os
fo’ofo|ky;@egkfo|ky;@laLFkku dh fuf/k ls osru vFkok HkÙkk ikus ds vf/kdkjh ugha
gksxsa vkSj ogka ls x`fgr lsok dh izd`fr dks ij[krs gq, fo’ofo|ky; }kjk fy;s x;s fu.kZ;
ds vuqlkj okf'kZd osru o`f) vftZr dj ldsaxs@vftZr ugha dj ldsaxsA ,slk vlk/kkj.k
vodk’k ifjfu;eksa ds }kjk fofgr fd;k tk,xk vkSj fo’ofo|ky;@egkfo|ky;@laLFkku
ds }kjk Lohd`r fd;k tk ldsxkA
ijarq fo’ofo|ky;@egkfo|ky;@laLFkku ds f’k{kd@deZpkjh ;fn jkT; vFkok
dsUnzh; fo/kku eaMy ds lnL; gks tk,a rks mDr inksa ij ‘kiFk ysus dh frfFk ls
jkT;@dsUnzh; fo/kku eaMy dks lnL;rk dh iwjh vof/k ds fy, fo’ks'k vodk’k ij le>s
tk,axsA fo’ks'k vodk’k ifjfu;eksa }kjk fofgr fd;k tk,xkA fo’ks'k vodk’k ij x,
f’k{kdksa@deZpkfj;ksa dh lsok fgrksa dks iwjh lqj{kk nh tk,xh vkSj os okf'kZd osru of̀)]
izksUufr] lsok dh ojh;rk vftZr djrs jgsaxsA jkT; vFkok dsUnzh; fo/kku eaMy dh
lnL;rk dh vof/k dh lekfIr ij os ;FkkfLFkfr fo’ofo|ky;@egkfo|ky;@laLFkku esa
iqu% viuk in~Hkkj xzg.k dj ldsaxsA
ijarq fo’ofo|ky; vFkok egkfo|ky; vFkok laLFkku ds ,sls
f’k{kd@deZpkjh tks jkT; vFkok dsUnzh; fo/kku eaMy dh lnL;rk izkIr dj ysa] os ‘kiFk
dh frfFk vFkok bl vf/kfu;e ds ykxw gksus dh frfFk] tks Hkh igys] ls ;g fodYi nsaxs
fd os osru eagxkbZ HkÙkk vkfn
_____________________________________
Subs. by Act 68 of 1982
Subs. by Act 14 of 1998
fo’ofo|ky; ls ysaxs ;k fo/kku eaMy lsA ,sls f’k{kd@deZpkjh jkT; vFkok dsUnzh;
fo/kkueaMy ds lnL; ds #i esa rRlaca/kh vf/kfu;e ds v/khu le;≤ ij iznÙk vU;
lqfo/kk,¡ izkIr djus ds Lor% gdnkj gksaxsA
ijarq ;g Hkh fd bl /kkjk dk dksbZ mica/k jkT; vFkok dsUnzh; fo/kku eaMy ds
rRlaca/kh fdlh mica/k dks izHkkfor ugha djsxkAß
1[69. Effect of detention-(1) If any teaching or non-teaching employee of the University or
a constituent college is detained in custody under any law for a period up to 48 hours
whether on a criminal charge or otherwise on security grounds, he shall with effect from
the date of detention be deemed to have been suspended by the Appointing authority.
(2) On being released from detention, he shall not be entitled to any
remuneration other than the subsistence allowance for the period of
suspension.
(3) Any employee proceeded against a criminal charge or detained under
other law providing for preventing detention shall be deemed to be suspended
for the period during which he is kept under detention in custody or undergoes
the sentence of imprisonment, and shall not be permitted to draw any pay or
allowance for the said period other than subsistence grant payable according
to the principles contained in Statutes, unless the proceeding initiated against
him is closed or, as the case may be, he is released from detention and
permitted to resume duty. The adjustment of his allowances for such periods
shall be made according to the circumstances of the case. Full amount shall
be paid only when he is acquitted or the detention is found to be unjustified by
an officer.
(4) An employee against whom proceedings on a criminal charge are pending
shall, by a special order to this effect, be kept under suspension during the
period when he is not actually detained in custody or imprisoned (that is, when
he is released on bail) if the charge made or the proceedings initiated against
him are related to his statutes as an employee or in this manner may cause
trouble in the discharge of his duties, or involves the question of moral
turpitude. The provisions aforesaid shall apply in respect of his pay and
allowances.
(5) The provisions made in the preceding sub-section shall mutatis mutandis
apply to teaching or non-teaching employee of an affiliated college.]
70. 2[x x x x].
[70A. Effect of transfer on seniority etc. – If an employee of University is transferred
under orders of the Chancellor from one University to another University, he shall
continue to get the pay and allowances he has been drawing and shall carry his
seniority based on the date of his regular appointment to the post.
3[70B. Apportionment and transfer to officers, teachers and servants – (i)
Notwithstanding anything to the contrary contained in any law or a contract, the
following provisions shall apply to all officers, teachers and other servants of the
Universities referred in sub-section (1) of Section 3 of the Act:-
The State Government shall, as soon as a new University is created, and
established, apportion and transfer such officers, teachers and other servants
between the different Universities and shall also apportion funds between the
Universities.
The State Government may, on representation made by any officer or teacher
or other servant who has been apportioned and trans-
___________________________
1. Subs. By Act 68 of 1982.
2. Omitted by ibid.
3. Ins. By Act 17 of 1993.
Ferried under clause (a) reapportion and re-transfer him to anyone of the
Universities established under the Act:
Provided that before making an order under this clause the State Government
shall give a reasonable opportunity to the officer or teacher or servant of the
University, to be adversely affected by such transfer, to make a representation
and be heard:
Provided further that any officer or teacher or other servant re-apportioned
under this clause shall not be allotted a post lower than the post on which he
was employed by the University established under the Act.
(c) On such apportionment or re-apportionment such officer, teacher and
servant shall be deemed to have been transferred to the University to which
they are allotted under clause (a) or clause (b) with effect from the date of
commencement of the Act.
(d) The University to which such officer teacher and servants are deemed to
have been transferred under clause (c) shall employ them subject to such
terms and conditions as were in force with respect to them immediately before
transfer from the University concerned and they shall be subject to such
disciplinary control as are for the time being applicable to the officers,
teachers and other servants of the University to which they are deemed to
have been transferred.
(2) If consequent upon a transfer made under sub-section (1) a dispute arises
as to the post or rank which the transferred officer or teacher or servant
should hold in the University, the matter shall be referred to the Chancellor
whose decision thereon shall be final.]
Legislative changes (after 1982)-This section was added in this act for the first
time by Bihar Ordinance 14 of 1993. Act 17 of 1993 which repealed Ordinance
14 of 1993 retained the addition of this section but with changes in sub-
section (1) (b). Sub-section (1) (b) as contained in Ordinance 14 of 1993 read
as follows:-
(b)(i) The State Government may on representation made by any officer, or
teacher or other servant of the Universities who has been appointed and
transferred under clause (a) to an University established under the Act,
transfer him to any one of the Universities established under the Act.
Provided that before making an order under this clause the State Government
shall give a reasonable opportunity to any officer or teacher or other servant of
the University to which the transfer made who considers himself likely to be
adversely affected by the transfer to make a representation.
(ii) With regard to the officer or teacher or servant who in the opinion of the
State Government is affected by an order of transfer made under clause (a)
the State Government may make such order as it may deem proper and the
University to which the order is directed shall comply therewith
notwithstanding the fact such University is other than that in which the officer,
teacher or servant is employed on the date such direction is made:
Provided that an officer re-appointed under clause (b) shall not be appointed
to a post lower than the post on which he was employed by the University
established under the Act.'
Sub-section (1) (b) vide Act 7 of 1993 read as follows:-
“(b) The State Government may, on representation made by any officer or
teacher or other servant who has been apportioned and transferred under
clause (a), re-apportion and re-transfer him to anyone of the Universities
established under the Act:
Provided that before making an order under this clause the State Government
shall give a reasonable opportunity to the officer or teacher or other servant of
the University, to the officer or teacher or other servant of the University, to be
adversely affected by such transfer, to make a representation and be
heard.
Provided further that any officer or teacher or other servant re-apportioned
under this clause shall not be allotted a post lower than the post on which he
was employed by the University established under the Act,'
71. Pensions, gratuity, insurance and provident fund. – (1) The University shall,
subject to such manners and conditions as may be prescribed by the
Statutes, constitute any pension, gratuity, insurance or provident fund, as it
may deem fit for the benefit of its officers, teachers and other employees
(excluding those who are members of public services of India and whose
services are lent to the University under section 66.)
(2) Where any such pension, gratuity, insurance or provident fund is
constituted in this manner, the State Government may declare that the
provisions of the Provident Funds Act, 1925 (Act No. 19 of 1925) shall apply to
the said Fund, as if that fund State Provident fund.
72. Transfer of Colleges to the University and other provisions related or ancillary to
such transfer – (1) With effect from the date of commencement of this Act, any
college, transferred to any University established and incorporated under section
3 of this Act, together with attached hostels, other buildings constituent of such a
college, the articles of furniture, libraries, book, laboratories, stores, instruments,
apparatus, appliance and equipments shall be transferred to the concerned
University, and the said College together with attached hostels and other
constituent buildings, its furnitures, library books, laboratories, stores, instruments,
apparatus and equipments shall be deemed to have been transferred to the
maintenance and control of the concerned University as its own college.
(2) Anything contained in this Act shall not be so construed as to vest the
University with the authority to sell, lease out, exchange, or otherwise dispose of
any land or building transferred to the University under sub-section (1).
(3) Notwithstanding anything contained in this Act, when any college is
transferred to the maintenance and control of the University by an order under
section (1), the University shall-
(a) employ, such teachers and other servants of the State
Government as were serving in or attached to the said College immediately before
the commencement of this Act, on such conditions, as may be determined by the
State Government;
(b) consider the claim, in consultation with the State Government, of
employment in service, if such a claim is made for appointment against such
vacancies in the University service by such teachers who are employed in other
teaching institutions falling within or without the territorial jurisdiction of the
University and are in Government service immediately preceding such transfer, and
if the filling up of vacancies, by appointment or promotion of University teachers
who are in Government Service immediately before such transfer results in
supersession of the claims of teachers of the referred educational institutions.
(4) If at any time the State Government is satisfied that in the existing
circumstances it has become necessary to take back any College transferred to the
University under sub-section (1), then the State Government may, be an order
published in the official Gazette, cancel the transfer of the said college and
withdraw it from the maintenance and control of the University.
73. Autonomous College or institute.- Notwithstanding anything contained in any
provision of this Act, University, may, subject to its adequate supervision and the
manner prescribed in the relevant statutes, confer, upon any College or institute,
having outstanding caliber and fulfilling the prescribed conditions, the power to
make change or modification in the course of study prescribed by the University
for its students and the privilege to take examination, in such modified course of
study and management thereof, and such other powers in respect of other
matters, as it may deem fit; and such institute or college, as the case may be,
shall be declared autonomous Institute or College.
74. Removal of difficulties by the Chancellor at the commencement of this Act.- If any
difficulty arises in respect of establishment of the University, or in the first
implementation of the provisions of this Act or Statues, or otherwise, the
Chancellor may at any time, before the constitution of all the authorities of the
University, by order, consistent with the provisions of this Act and Statutes,
as far as possible, make any appointment or perform any other function, which
seems necessary or proper to him for the removal of the said difficulty, and all
such orders shall take effect in the same manner as if the said appointment or
function has been done in the manner provided in this Act:
Provided that before issuing such an order, the Chancellor shall elicit the
opinion of the Vice-Chancellor and of such appropriate authority of the University,
as may have been constituted, on the proposed order and give considerations
thereon.
75. Transitory provisions.- Notwithstanding anything contained in this Act, the Vice-
chancellor may, for a period not exceeding six months from the commencement
of this Act and with the previous approval of the Chancellor and subject to the
provision of funds by the State Government or otherwise, discharge all or any of
the functions of the University for the purpose of carrying out the provision of this
Act and for that purpose may exercise any powers of perform any duties which by
this Act are to be exercised or performed by any officer or authority of the
University, not being an officer or authority of the University in existence at
the time when such powers are exercised or such duties are performed.
1[75 d fo’ofo|ky; fudk;ksa ds xfBr u gksus ij dk;Z O;oLFkk & ¼1½ ;fn fdlh
dkj.ko’k fo’ofo|ky; dh flusV vFkok vfHk'kn~ vFkok fo}r ifj'kn~ vFkok vU; fdUgha
fudk; dk xBu u gks lds rks tc rd bu fudk;ksa dk xBu ugha gks tk;] rc rd
vf/kfu;e ds micU/kksa dks dk;kZfUor djus ds iz;kstukFkZ] insu ,oe~ uke funsZf’kr lnL;
feydj lEcfU/kr fudk; dh fdUgha ‘kfDr;ksa dk iz;ksx rFkk fdUgha dÙkZo;ksa dk ikyu
dj ldsaxsA
¼2½ fdlh fo’ofo|ky; }kjk fjfDr;k¡ jgus ds dkj.k muds }kjk pquko voS/k ugha
gksxkA]
76. Application of Statutes, ordinances, and Regulations. – Until Statutes, Ordinances,
Regulations and Rules are made under the appropriate provisions of this Act,
such Statutes, Ordinances, Regulations and Rules made or deemed to have been
made under the Bihar Act 14 of 1960, Bihar Act 4 of 1962, Bihar Act 21 of 1965
and the Lalit Narain Mithila University (second Ordinance), 1976 (Bihar Ordinance
no. 87 of 1976), as were in force immediately before the commencement of this
Act, shall, in so far as they are not inconsistent with provisions of this Act and
subject to such adaptation and modifications, if any, as may be made therein by
the Vice-Chancellor with the approval of the Chancellor, remain in force and shall
be deemed to be Statutes, Ordinances, Regulations and Rules made under the
corresponding provisions of this Act.
77. Election for the purpose of constituting the Senate, the Syndicate, and the
Academic Council under the Act.- The Chancellor shall make such arrangements
for holding election under the Act that the newly elected, appointed, nominated
and co-opted members of the Senate, the Syndicate and the Academic Council,
as constituted under this Act, assume charge of their respective offices from of
the date following the expiry of the period specified in section 75; and the term of
office of the members of the said authorities shall be deemed to have
commenced from the said date.
78. Powers of nomination by the Chancellor.-Notwithstanding anything contained in
the preceding sections of this Act, the Chancellor shall, if the Vice-Chancellor
reports that, in his opinion, either the election is not immediately possible or it is
not in the interest of the University, to fill up the vacancies by nominations.
79. 1[xxx]
2[80 A. Bar of law suit.-No law suits and proceedings shall lie in Civil Courts with
respect to the implementation of the provisions of this Act, Statutes, Ordinances
or Regulations.]
81. Repeal and Saving. (1) The Bihar State Universities (Bihar, Bhagalpur and
Ranchi University) Act, 1960 (Bihar Act 14 of 1961), the Magadh University Act,
1961 (Bihar Act 4 of 1962), the Kameshwar Singh Darbhanga Sanskrit University
Act, 1962 (Bihar Act 21 of 1965), the Lalit Narain Mithila University Second
Ordinance, 1976 (Bihar Ordinance No. 87 of 1976), the Magadh University
(Second amendment) Ordinance, 1976 (The Bihar ordinance No. 90 of 1976), the
Bihar State Universities (Bihar Ordinance No. 89 of 1976), the Bihar State
Universities Laws (Second amendment) Ordinance 1976 (Bihar Ordinance No. 98
of 1976) and the Bihar State Universities Second Ordinance, 1976 (Bihar
Ordinance No. 207 of 1976) are hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken in exercise of
the powers conferred by or under the said Acts or ordinances shall be deemed to
have been done or taken in exercise of the powers conferred by or under this Act,
as if this Act were in force on the date on which such thing was done or action
taken.
झारख�ड गजट
असाधारण अंक
झारख�ड सरकार �वारा �का�शत
26 पौष, 1940 (श०)
सं$ या– 127 राँची, श,ुवार, 15 फरवर/, 2019 (ई०)
�व�ध (�वधान) �वभाग
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13 फरवर/, 2019
सं�या-एल० जी०-29/2018-240/लेज०,-- झारखडं 6वधान मंडल का 9न:न�ल;खत अ2ध9नयम,
िजसपर माननीया रा=यपाल >दनाँक 07 फ़रवर/, 2019 को अनुम9त दे चकुC है, इसके �वारा
सवGसाधारण कC सूचना के �लए �का�शत Iकया जाता है |
झारखंड रा#य �व$व�व%यालय (संशोधन) अ�ध)नयम, 2018
(झारखंड अ�ध)नयम 06 , 2019 )
जबIक रा=य के �शLकM के >हत तथा 6वOव6व�यालय अनुदान आयोग एवं झारख�ड रा=य
6वOव6व�यालय अ2ध9नयम, 2000 (अगंीकृत एव ं यथा संशो2धत) के मापद�ड को Rयान मS रखकर
�शLक को पुनः पUरभा6षत Iकया जाय;
और, जब Iक�लगं आधाUरत उपिZथ9त पंजी मS अंतर को भरने के >हत मS यह अ9तसमीचीन है
Iक एक म>हला 6वOव6व�यालय Iक Zथापना कC जाए;
और, जबIक रा=य के शैL;णक >हत मS यह अ9तसमीचीन है Iक रा=य के 6वOव6व�यालयM के
कुलप9त एवं �9तकुलप9त कC 9नयुि[त के �ावधान, 6वOव6व�यालय अनुदान आयोग �वारा 6व>हत
झारख�ड गजट (असाधारण) शु,वार, 15 फरवर/, 2019
मापद�ड तथा झारख�ड रा=य 6वOव6व�यालय अ2ध9नयम, 2000 (अगंीकृत एवं यथा संशो2धत) के
मानद�ड के अनु\प हो;
और, जबIक यह रा=य के शैL;णक >हत मS है Iक 6वOव6व�यालय के अ2धषद कC आजीवन
सदZयता �ा]त करने के �लए आवOयक रा�श को आज के मौ>^क मू_य को Rयान मS रखते हुए ऊपर
कC तरफ पुनर/aLत Iकया जाए;
और, जबIक नये पUरपbेय मS रा=य के संबc महा6व�यालयM (धमG और भाषा के आधार
पर अ_पसं$यक महा6व�यालयM स>हत) मS �शLकM के�ोdन9त के �लए �ावधानM के गठन कC
आवOयकता है;
अतएव, भारत गणरा=य के उनहfतरवS वषG मS झारख�ड रा=य 6वधानमंडल �वारा 9न:न�ल;खत
\प मS यह अ2ध9नय�मत हो-
अ,याय-01
-ारं.भक
1. सं123त नाम, �व5तार एवं -ारंभ
(i) यह अ2ध9नयम, ‘‘झारख�ड रा=य 6वOव6व�यालय (संशोधन) अ2ध9नयम, 2018
कहा जा सकेगा।
(ii) इसका 6वZतार स:पूणG झारख�ड रा=य मS होगा।
(iii) यह तुरंत �भावी होगा।
अ,याय-02
2. झारख6ड रा#य �व$व�व%यालय अ�ध)नयम, 2000 (अगंीकृत एवं यथा संशो�धत) के धारा-2 के
उपधारा-(v)(वी) का -)त5थापनः-
व=त>मान धारा-2 क? उपधारा (v) का -ावधानः-
2 (v) �शLक मS �ाचायG, 6वOव6व�यालय के आचायG, कॉलेज के आचायG, उपाचायG,
mया$याता, जो 6वOव6व�यालय �वारा संचा�लत 6वभाग, महा6व�यालय अथवा संZथान मS
अRयापन का कायG करते हो, शा�मल है।
)न@न.लAखत -ावधान से -)त5था�पत हो
2 (v) �शLक मS �ाचायG, 6वOव6व�यालय के आचायG, कॉलेज के आचायG, उपाचायG/ सह-
�ाRयापक/mया$याता सेले[शन oेड/mया$याता �स9नयर oेड और mया$याता/सहायक �ाRयापक
(Zतर i,ii, एवं iii) जो Iक 6वOव6व�यालय �वारा संचा�लत 6वभाग, महा6व�यालय अथवा
संZथान मS अRयापन का कायG करते हो, शा�मल है।
3. झारख6ड रा#य �व$व�व%यालय अ�ध)नयम, 2000 (अगंीकृत एवं यथा संशो�धत) के धारा-3
(�व$व�व%यालयD क? 5थापना एवं संयोजन) क? उपधारा(1) (q) का समावेशन।
)न@न.लAखत -ावधान से समावे.शत होः-
झारख�ड रा=य 6वOव6व�यालय अ2ध9नयम, 2000 (अगंीकृत एवं यथा संशो2धत),
कC धारा-3 कC उपधारा (1) (p) के अतं मS 9न:न�ल;खत उपधारा (1) (q) के \प मS समावेश
Iकया जायेगा।
झारख�ड गजट (असाधारण) शु,वार, 15 फरवर/, 2019
, 19 >दस:बर 2018
‘‘3(1)(q) जमशदेपुर वीमेdस कॉलेज, जमशदेपुर को Zतरोdयन कर ‘‘जमशदेपुर म>हला
6वOव6व�यालय, जमशदेपुर‘‘ होगा एवं िजसका मु$यालय जमशदेपुर मS होगा।‘‘
4. झारख6ड रा#य �व$व�व%यालय अ�ध)नयम, 2000 (अगंीकृत एवं यथा संशो�धत) के धारा-10क?
उपधारा-(1) अGतग>त धारा-10 क? उपधारा-(1)(i) के Iप मJ समावेशन।
व=त>मान धारा 10 क? उपधारा (1) का -ावधानः-
‘‘ऐसा कोई भी mयि[त कुलप9त के पद के �लए योqय नह/ं होगा, जो Iक कुला2धप9त
कC राय मS अपनी 6व�वता तथा शैL;णक अ�भ\2च के �लए 6व$यात नह/ं हो।
इसके आगे यह वांछनीय होगा Iक mयि[त को सरकार अथवा 6वOव6व�यालय के Zतर
पर �शासकCय अनुभव हो’’।
)न@न.लAखत -ावधान से समावे.शत होः-
10 (1)(i) कुलप9त का चयन एक खोज स�म9त �वारा समु2चत 2चिdह9तकरण करके 3-
5 नाम वाले पैनल से एक सावGज9नक अ2धसूचना या मनोनयन या एक टैलSट सचG �I,या या
इन दोनM 6व2धयM कC �I,या के जUरए 2चिdtत Iकया जायेगा । उपयुG[त खोज स�म9त
के सदZय Iकसी भी \प मS संबं2धत 6वOव6व�यालय से या उसके महा6व�यालयM से संबc
नह/ं हMगे।
रा#य के �व$व�व%यालयD हेतु खोज स.म)त का गठन )न@नवत ्होगा:-
क कुला2धप9त �वारा ना�मत एक mयि[त, जो Iक स�म9त का अRयL हMगे।
ख. कुला2धप9त �वाराना�मत एक �9तिvठत �$यात �शLा6व� - सदZय
ग. रा=य सरकार का �9त9न2धfव करने वाले एक पदा2धकार/ - सदZय
5. झारख6ड रा#य �व$व�व%यालय अ�ध)नयम, 2000 (अगंीकृत एवं यथा संशो�धत) के धारा-10
क? उपधारा-(2) का -)त5थापन एवं समावेशन।
व=त>मान धारा 10 क? उपधारा (2)का -ावधानः-
‘‘कुलप9त कC 9नयुि[त कुला2धप9त �वारा रा=य सरकार के परामशG से कC जायेगी।‘‘
)न@न.लAखत -ावधान से -)त5था�पत होः-
धारा-10 क? उपधारा-2 का -)त5थापन
‘‘धारा 10(2)(i)-कुला2धप9त खोज स�म9त �वारा अनुशं�सत नामM के पैनल मS से रा=य
सरकार के परामशG से कुलप9त कC 9नयुि[त करSगे।‘‘
धारा-10 उपधारा-(2) मJ समावेशनः-
‘‘10(2)(ii) खोज स�म9त �वारा अनुशं�सत पैनल 01 वषG के �लए वैध होगा, िजससे Iक
एक वषG के अदंर ऐसी िZथ9त मS, िजसमS 9नयु[त mयि[त �थम ^vटया मS योगदान नह/ं दे,
कुलप9त कC मfृयु, fयागपw अथवा उसे अ2ध9नयम के �ावधान के अनुसार हटाया गया हो,
कुला2धप9त इस पैनल से रा=य सरकार के परामशG के पOचात ्कुलप9त कC 9नयुि[त करSगे।‘‘
6. झारख6ड रा#य �व$व�व%यालय अ�ध)नयम, 2000 (अगंीकृत एवं यथा संशो�धत) के धारा-10
क? उपधारा-(3)(b) मJ -)त5थापन:-
व=त>मान धारा 10 क? उपधारा (3)(b)का-ावधानः-
‘‘इस धारा मS व;णGत �ावधानM के अनुसार सामाdयतः कुलप9त कC पदाव2ध तीन वषy
कC होगी और क2थत पदाव2ध कC समाि]त के पOचात ् वे रा=य सरकार के परामशG से
झारख�ड गजट (असाधारण) शु,वार, 15 फरवर/, 2019
कुला2धप9त �वारा पुन9नGयु[त Iकये जा सकS गे और वे कुला2धप9त के इzछा पर पद पर
अ2धकतम तीन वषy तक आसीन रह सकS गे।’’
)न@न.लAखत -ावधान से -)त5था�पत होः-
धारा 10क? उपधारा(3)(b) का -)त5थापनः-
‘‘10 (3)(b) ‘‘इस धारा मS व;णGत �ावधानM के अनुसार सामाdयतः कुलप9त कC पदाव2ध
तीन वषy कC होगी। कुलप9त के पद पर आवेदन के �लए आयु 65 वषG से अ2धक नह/ं होगा।
पदाव2ध के समाि]त के बाद वे कुला2धप9त �वारा रा=य सरकार के परामशG तथा कुला2धप9त
के इzछा पर, अ2धकतम तीन वषy या 70 वषG कC आयु जो पहले हो, के �लए पद पर
पुन9नGयु[त Iकये जा सकेगS।‘‘
7. झारख6ड रा#य �व$व�व%यालय अ�ध)नयम, 2000 (अगंीकृत एवं यथा संशो�धत) के धारा-10
क? उपधारा-(4)(ii)मJ -)त5थापन:-
वत>मान धारा-10 क? उपधारा-(4)(ii) का -ावधान
‘‘य>द कुलप9त के \प मS 9नयु[त mयि[त केd^ या रा=य सरकार या Iकसी
6वOव6व�यालय से या Iकसी अdय {ोत से पSशन पाता हो, वहाँ उस देय पSशन कC रा�श को
उdहS देय पSशन का अशं माना जायेगा।‘‘
धारा-10 क?उपधारा-(4) (ii) मJ -)त5था�पत हो
‘‘य>द कुलप9त के \प मS 9नयु[त mयि[त केd^ या रा=य सरकार या Iकसी
6वOव6व�यालय से या Iकसी अdय {ोत से पSशन पाता हो, वहाँ उस देय पSशन कC रा�श को
उdहS देय वेतन एवं भfता का अशं माना जायेगा।‘‘
8. झारख6ड रा#य �व$व�व%यालय अ�ध)नयम, 2000 (अगंीकृत एवं यथा संशो�धत) के धारा-12
क? उपधारा-(1) का -)त5थापनः-
व=त>मान धारा 12 क? उपधारा (1) का -ावधानः-
‘‘कुला2धप9त रा=य सरकार के परामशG से �9तकुलप9त कC 9नयुि[त करेगS।’’
)न@न.लAखत -ावधान से -)त5था�पत होः-
धारा-12क? उपधारा (1) का -)त5थापन
‘‘कुला2धप9त रा=य सरकार के परामशG से ‘‘कुलप9त कC 9नयुि[त के �लए यथा 6व>हत
र/9त से ह/, �9तकुलप9त कC 9नयुि[त करSगे।‘‘
9. झारख6ड रा#य �व$व�व%यालय अ�ध)नयम, 2000 (अगंीकृत एंव यथा संशो�धत) केधारा-18 क?
उपधारा-(13) का -)त5थापन
व=त>मान धारा 18 क? उपधारा (13)का -ावधानः-
‘‘�fयेक mयि[त, िजसने कुला2धप9त कC संतुिvट के अनुसार एक या अ2धक IकZतM मS
कम से कम एक लाख \पये नगद अथवा समकL मू_य कC स:पिfत 6वOव6व�यालय अथवा
Iकसी महा6व�यालय को अथवा उनके >हतM के �लए >दया हो।
बशत| Iक कामेOवर �सहं, दरभंगा संZकृत 6वOव6व�यालय के आजीवन सदZय के �लए
9न>हत रा�श 25,000 \पये होगी।’’
)न@न.लAखत -ावधान से -)त5था�पत होः-
धारा-18क? उपधारा (13) का -)त5थापनः-
झारख�ड गजट (असाधारण) शु,वार, 15 फरवर/, 2019
, 19 >दस:बर 2018
‘‘6वOव6व�यालय के अ2धष� के आजीवन सदZय के �लए �fयेक mयि[त, िजसने
कुला2धप9त कC संतुिvट के अनुसार दस लाख \पये नगद अथवा समकL मू_य कC संपिfत
6वOव6व�यालय अथवा Iकसी महा6व�यालय को अथवा उनके >हतM के �लए >दया हो।’’
10. झारख6ड रा#य �व$व�व%यालय अ�ध)नयम, 2000 (अगंीकृत एवं यथा संशो�धत) के धारा-57A
क? उपधारा-(1) के -ावधान के )न@न अशं का -)त5थापन
‘‘संबंc महा6व�यालयM, जो रा=य सरकार के �वारा पो6षत नह/ं है, मS �शLकM कC
9नयुि[त झारख�ड लोक सेवा आयोग कC अनुशंसा पर शासी 9नकाय के �वारा कC जायेगी। ऐसे
महा6व�यालयM मS �शLकM कC सेवा मुि[त, सेवा समाि]त, हटाया जाना, सेवा9नविृfत या
पदावन9त शासी 9नकाय �वारा झारख�ड लोक सेवा आयोग के परामशG से पUर9नयम मS 6व>हत
र/9त के अनु\प कC जायेगी।
बशत| Iक धमG एवं भाषा के आधार पर संबंc अ_पसं$यक महा6व�यालयM कC शासी
9नकाय �शLकM कC 9नयुि[त, सेवा मुि[त, हटाया जाना, सेवा समाि]त या उनके 6व\c
अनुशासनाfमक कारवाई, झारख�ड लोक सेवा आयोग के अनुमोदन के उपराdत कर सकS गे।
बशत| Iक जहां पUर9नdदा, वेतन व6ृc कC रोकया दLता अवरोध पार करना, और आरोपM
के अdवेषणपूणG होने तक 9नलंबन कC िZथ9त मS झारखडं लोक सेवा आयोग कC सलाह कC
आवOयकता नह/ं होगी।‘‘
57 (A) (1) के उपयु>Rत अशं )न@न.लAखत -ावधान से -)त5था�पत होः-
‘‘संबंc महा6व�यालयM, जो रा=य सरकार के �वारा पो6षत नह/ं है, मS �शLकM कC
9नयुि[त झारख�ड लोक सेवा आयोग कC अनुशंसा पर शासी 9नकाय के �वारा कC जायेगी। ऐसे
महा6व�यालयM मS �शLकM कC सेवा मुि[त, सेवा समाि]त, हटाया जाना, सेवा9नविृfत या
पदावन9त शासी 9नकाय �वारा झारख�ड लोक सेवा आयोग के परामशG से पUर9नयम मS 6व>हत
र/9त के अनु\प कC जायेगी।
बशत| Iक धमG एवं भाषा के आधार पर संबंc अ_पसं$यक महा6व�यालयM कC शासी
9नकाय �शLकM कC 9नयुि[त, सेवा मुि[त, हटाया जाना, सेवा समाि]त या उनके 6व\c
अनुशासनाfमक कारवाई, झारख�ड लोक सेवा आयोग के अनुमोदन के उपराdत कर सकS गे।
बशत| वैसे स:बc महा6व�यालय जो रा=य सरकार �वारा पो6षत नह/ं हो, धा�मGक तथा
भाषायी अ_पसं$यक स>हत के �शLकM कC �ोdन9त झारखडं लोक सेवा आयोग के अनुशंसा के
आधार पर Iकया जायेगा।
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झारखडं रा=यपाल के आदेश से,
संजय -साद,
�धान स2चव-सह-6व2ध परामश}
6व2ध 6वभाग, झारखडं, रांची
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झारख�ड गजट (असाधारण) शु,वार, 15 फरवर/, 2019
�व�ध (�वधान) �वभाग
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अ2धसचूना
13 फरवर/, 2019
8
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अ2ध9नयम का अoेंजी भाषा मS �ा2धकृत पाठ समझा जाएगा |
Jharkhand State University (Amendment) Act 2018
(Jharkhand Act-06 , 2019)
WHEREAS in the interest of teachers and as per the norms of University Grants Commission
and Jharkhand State University Act, 2000 (Adapted as Amended) it is necessary that the definition of
Teacher should be redefined;
And WHEREAS in the interest of bridging gap in gender enrollment of the State it is most
expedient to establish a Women’s University;
And WHEREAS in the educational interest of the State it is most expedient to make
provisions for appointment to the post of Vice-Chancellor and Pro-Vice Chancellor in the Universities
of State in consonance with the prescribed standards of University Grants Commission and the norms
of the Jharkhand State University Act, 2000 (Adapted and as Amended).
And WHEREAS in the educational interest of the State it is also expedient to revise upwards
the sum required to enable a person to become life member of the University Senate, keeping in view
the current fiscal scenario.
And WHEREAS in the new perspective it is necessary to formulate provisions for promotion
of teachers in affiliated Colleges, (Including Religious and Linguistic Minority Colleges).
Now therefore,be it enacted by the Legislature of the State of Jharkhand in the Sixty-
nineyear of the Republic of India as follows:-
CHAPTER-01
Preliminary
1. Short title, extent and commencement –
(i) This Actshall be called Jharkhand State Universities (Amendment) Act, 2018.
(ii) It shall extend to the whole of the State of Jharkhand.
(iii) It shall come into force at once.
झारख�ड गजट (असाधारण) शु,वार, 15 फरवर/, 2019
, 19 >दस:बर 2018
CHAPTER-02
2. Substitution of Sub-Section-(V) of Section-2 of Jharkhand State Universities Act, 2000
(Adapted and as Amended)
Existing provision of Sub-Section (v) of Section-2
2 (V)- Teacher includes Principal, University Professor, College Professor, Reader and
Lecturer imparting instruction in Department, College or Institute maintained by the University;
Be substituted by the following provision:-
Substitution of Sub-section (V) of Section-2
2 (V)- Teacher includes Principal, University Professor, College Professor,
Reader/Associate Professor/Lecturer selection grade/Lecturer senior scale and
Lecturer/Assistant Professor (Stage-I, Stage-II and Stage-III) imparting instruction in
Department, College or Institute maintained by the University.
3. Insertion of Sub-Section-(1) (q) of Section-3 (Establishment and incorporation of
Universities) of Jharkhand State Universities ACT, 2000 (Adapted and as Amended)
Be inserted by the following provision:-
At the end of sub-section-1 (p) of the Section-3 of the Jharkhand State Universities Act,
2000 (Adapted and as amended) hereinafter referred to as the said Act, the following Sub-
section will be inserted as sub-section-1 (q):-
"3(1)(q)“Jamshedpur Women’s University, Jamshedpur”, through the up gradation of
Jamshedpur Women’s College, Jamshedpur and having its headquarter at Jamshedpur."
4. Insertion of Sub-Section-(1)(i) of Section-10 under Sub-Section-(1) of Section-10 (Vice
Chancellor) of Jharkhand State Universities ACT, 2000 (Adapted and as Amended)
Existing provision of Sub-section (1) of Section-10
"10 (1) No person shall be deemed to be qualified to hold the office of Vice-Chancellor
unless such person is, in the opinion of the Chancellor, reputed for his scholarship and
academic interest.
Further, it would be desirable that the person has administrative experience either at the
Government or at the University level."
Be inserted by the following provision:-
10 (1) (i)The Selection of Vice-Chancellor should be through proper identification of a
panel of 3-5 names by a Search Committee through public notification or nomination or a
talent search process or in combination thereof. The members of the above Search Committee
shall not be connected in any manner with the University concerned or its colleges.
In respect of State Universities, the following shall be the constitution of the Search Committee.
झारख�ड गजट (असाधारण) शु,वार, 15 फरवर/, 2019
a. A nominee of the Chancellor would be the Chairperson of the Committee.
b. A nominee of the Chancellor, being an eminent educationist of high repute. - Member
c. An officer representing State Government - Member
5. Substitution and insertion of Sub-section-(2) of Section-10 (Vice-Chancellor) of
Jharkhand State Universities ACT, 2000 (Adapted and as Amended)
Existing provision of Sub-section (2) of Section-10
10 (2) "The Vice-Chancellor shall be appointed by the Chancellor in consultation with the State
Government."
Be substituted by the following provision:-
Substitutionof Sub-section (2) of Section-10
10 (2) (i) Chancellor shall appoint the Vice-Chancellor out of the panel of names recommended
by the Search Committee in consultation with the State Government.
Insertion in Sub-section (2) of Section-10
10 (2) (ii) The panel recommended by the Search Committee shall be in force for one year to
meet out any of the situation of not joining by the person so appointed at the first instance, at
the vacation of post of Vice-Chancellor on account of death, resignation or removal of the
Vice-Chancellor under the provision of this Act, within one year and the Chancellor shall
appoint the Vice-Chancellor from the said panel in consultation with the State Government."
6. Substitution of Sub-Section-(3) (b) of Section-10 of Jharkhand State University Act, 2000
(Adapted and as Amended)
Existing provision of Sub-section (3) (b) of Section-10
“Subject to the foregoing provisions of this section the Vice-Chancellor shall ordinarily
hold office for a term of three years and on the expiry of the said term he may be reappointed
by the Chancellor in consultation with the State Government and he shall hold office at the
pleasure of the Chancellor for a term not exceeding three years.”
Be Substituted with the following provision:-
Substitution of Sub-Section (3) (b) of Section-10
10 (3) (b) Subject to foregoing provisions of the section the Vice-Chancellor shall
ordinarily hold office for a term of three years.
Provided that the age for applying to the post of Vice-Chancellor shall not exceed 65
years. Ongoing of the said term she/he may be reappointed by the Chancellor in consultation
with the State Government and she/he shall hold office at the pleasure of the Chancellor for a
term not exceeding three years, or up-to-the age of 70 years whichever is earlier.
7. Substitution of Sub-Section-(4)(ii) of Section-10 ofJharkhand State UniversitiesACT, 2000
(Adapted and as Amended)
Existing provision of Sub-Section (4)(ii) of Section-10
"If the person appointed as Vice-Chancellor receives pension from Central or State
Government or any University or any other source then the receivable amount of pension
would be considered to be part of his/her receivable pension."
झारख�ड गजट (असाधारण) शु,वार, 15 फरवर/, 2019
, 19 >दस:बर 2018
Be substituted by the following provision:-
Substitution of sub-section (4) (ii) of section-10
10 (4) (ii)"If the person appointed as Vice-Chancellor receives pension from Central or
State Government or any University or any other source then the receivable amount of pension
would be considered to be part of her/his receivable Salary and allowances."
8. Substitution of Sub-section-(1) of Section-12 ofJharkhand State Universities ACT, 2000
(Adapted and as Amended)
Existing provision of Sub-Section (1) of Section-12
"The Chancellor shall appoint the Pro-Vice-Chancellor, in consultation with the State Government."
Be substituted by the following provision:-
Substitutionof Sub-section (1) of Section-12
12 (1) "The Pro- Vice- Chancellor shall be appointed by the Chancellor in consultation
with the State Government in the same manner as prescribed for appointment of Vice-Chancellor."
9. Substitution of Sub-section-(13) of Section-18 ofJharkhand State Universities ACT, 2000
(Adapted and as Amended)
Existing provision of Sub-section (13) of Section-18
"Every person who has given to the satisfaction of the Chancellor whether in one or
more installments, a sum of not less than one lac rupees in cash or in the shape of property of
the equivalent value to or for the purposes of the University or of a College.
Provided that for being a life member of the Kameshwar Singh Darbhanga Sanskrit
University, the fixed amount shall be twenty-five thousand rupees."
Be substituted by the following provision:-
Substitutionof Sub-section (13) of Section-18
18 (13) "For being a life member of Senate of the University, every person who has
given to the satisfaction of the Chancellor, a sum of not less than ten lakh rupees in cash or in
the shape of property of the equivalent value to or for the purposes of the University or of a
College."
10. Substitution of the following part of Section-57A Sub-section-(1) ofJharkhand State
Universities ACT, 2000 (Adapted and as Amended)
"Appointment of teachers of affiliated Colleges not maintained by the State
Government shall be made by the Governing Body on the recommendation of the Jharkhand
Public Service Commission. Dismissal, termination, removal, retirement from service or
demotion in rank of teacher of such colleges shall be done by the Governing Body in
consultation with the Jharkhand Public Service Commission in the manner prescribed by the
Statutes:
Provided that the Governing Bodies of affiliated Minority Colleges based on religion
and language shall appoint, dismiss, remove or terminate the services of teachers or take
झारख�ड गजट (असाधारण) शु,वार, 15 फरवर/, 2019
disciplinary action against them with the approval of the Jharkhand Public Service
Commission.
Provided further that the advice of the Jharkhand Public Service Commission shall not
be necessary in cases involving censure, stoppage of increment or crossing of efficiency bar
and suspension till investigation of charges is completed."
Be substituted by the following provision:-
Substitutionof the above part in Sub-Section (1) of Section-57A
"Appointment of teachers of affiliated Colleges not maintained by the State
Government shall be made by the Governing Body on the recommendation of the Jharkhand
Public Service Commission. Dismissal, termination, removal, retirement from service or
demotion in rank of teacher of such colleges shall be done by the Governing Body in
consultation with the Jharkhand Public Service Commission in the manner prescribed by the
Statutes.
Provided that the Governing Bodies of affiliated Minority Colleges based on religion
and language shall appoint, dismiss, remove or terminate the services of teachers or take
disciplinary action against them with the approval of the Jharkhand Public Service
Commission.
Provided also that in case of affiliated colleges not maintained by the State Government
including Religious and Linguistic Minority Colleges, the promotion of teachers shall be made
on the recommendation of Jharkhand Public Service Commission.
Provided further that the advice of the Jharkhand Public Service Commission shall not
be necessary in cases involving censure, stoppage of increment or crossing of efficiency bar
and suspension till investigation of charges is completed."
झारखडं रा=यपाल के आदेश से,
संजय -साद,
�धान स2चव-सह-6व2ध परामश}
6व2ध 6वभाग, झारखडं, रांची |
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झाझारख�ड राजकCय मु^णालयरख�ड राजकCय मु^णालय,, राँची �वारा �का�शत एवं मु>^तराँची �वारा �का�शत एवं मु>^त,,
झारख�ड गजट झारख�ड गजट ((असाधारणअसाधारण)) 112277 ---- 5500
- (1)the Senate;
- (2)the Syndicate;
- (3)the Academic Council;
- (4)the Faculties;
- (5)the Examination Board;
- (6)th.e Finance Committee;
- (7)the Planning and Evaluation Committee; and
- (8)such Other authorities as may be declared to be t
- 18. The Senate.-The Senate shall consist of the
- ExEx-Officio Members.
- (1)Chancellor;
- (12)all ex-Vice-Chanc ellors of the University;
- Explanation.- For the purpose of this clause, the
- (14)3[Six persons to be elected by and from among
- 4[(15) one representative of the Scholar of regi
- 5[(16) (a)"Minimum of Ten teachers other than De
- (a)hold, control and manage the property and funds of
- (b)regulate the use of the common seal of the Univer
- (c)subject to the. powers conferred, by or under this
- (d)manage any funds placed at the disposal of the Un
- (e)have power to accept transfers on behalf the Unive
- (f)make Ordinances, and shall amend o r repeal them,
- (g)exercise such other powers and perform such other