Jharkhand act 006 of 2003 : The JHARKHAND STATE UNIVERSITY ACT 2000, Adapted and Amendment upto 2019

Section 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.

Section 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:

3Provided 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 1or 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) 2xxxxx

(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/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. ;

(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 1Sanskrit 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 321 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 by Act 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.

Section 3.Establishment and incorporation of Universities

(1) The following Universities shall be established from the date of commencement of this Act:

(a) Deleted.

(b) Deleted

(d) 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 juris-diction 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 excepting Bokaro and Dhanbad Districts.

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) Deleted.

(h) Deleted.

(i) Deleted.

(j) Deleted.

(k) Deleted.

(l) Deleted.

(m) Nilamber-Pitamber University having the headquarters at Medininagar and the jurisdiction over the whole of the Palamau Division.

(n) Kolhan University having the headquarters at Chaibasa and the jurisdiction over the whole of the Kolhan Division.

(o) Binod Bihari Mahto Koyalanchal University having the headquarter at Dhanbad and the Jurisdiction over the whole of the Bokaro and Dhanbad Districts.

(p) Dr. Shyama Prasad Mukherjee University, Ranchi through the up gradation of Ranchi College and having the headquarter at Ranchi.

(q) “Jamshedpur Women’s University, Jamshedpur”, through the up gradation of Jamshedpur Women’s College, Jamshedpur and having its headquarter at Jamshedpur.

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. 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.

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

____________________________________

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.

Legislative changes (after 1982) -This 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 first Vice-Chancellor, first member of the Senate, the Syndicate and academic Council and all persons who may hereafter become such officers or members 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 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 the said territorial jurisdiction prior to the commencement of this Act shall be deemed to have been withdrawn on the commencement of this Act.

(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 the said 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.

Section 4.Purposes and powers of the University

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

_________________________________

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 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 liabilities ;

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 a College for its benefit just before the commencement of this Act or to get it held and managed by such agencies, which were managing the said endowment bequest, 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 and research work in departments maintained by the University or the State Government, the Post Graduate teaching can also be imparted in autonomous and those affiliated colleges having at least 10 years experience of conducting under Graduate courses in the subject concerned as per the norms of the statute & conducting under Graduate courses in the subject concerned as per the norms of the statute & UGC/AICTE central organization.

(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;

1Provided 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) Deleted

Section 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 from reserving posts and appointments in favour of 1scheduled castes, schedule tribes, backward classes, women and economically weaker sections. Legislative changes-By Act 68 of 1982 for the words Scheduled Castes & & Scheduled Tribes', word “Scheduled Castes, Scheduled Tribes, Backward Classes, Women and Economically weaker Sections' were substituted.

________________________________________________

1. Ins. by Act 68 of 1982.

2. Section 4(2) omitted by Jharkhand Act, 6 ,2003.

Section 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.

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.

(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) (Deleted)

Section 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.

Section 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.'

Section 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 2and 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 2xxx 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) 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.

(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.

Section 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. Further, it would be desirable that the person has administrative experience either at the government or at the University level.

(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.

(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.

(3) (a) The Vice-Chancellor shall be whole time officer and shall hold office during the pleasure of the Chancellor.

(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.

(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) 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.

(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.

(7) The Vice Chancellor shall have the power to convene a meeting of the Senate, its Committees and Sub-Committees, Syndicate, its Committees and Sub-Committees, the Academic Council and other authorities of the University. He shall be the ex-officio Chairman of those meetings. Due to his absence, he may authorize another officer to call and preside over the meeting.

(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 it 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.

(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 isin 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 2Syndicate 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) Illustration- equivalent post 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.

(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 its 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.

(20) The Vice Chancellor shall have the power to transfer the Principal of a constituent college after expiry of a term of four years, but for administrative reasons Vice-Chancellor can transfer Principals, by recording reasons in writing even before the expiry of four year period.

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.

Section 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.

Section 12.Pro-Vice-Chancellor

Section 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.

Section 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:

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 Dean Students Welfare.

14A, Proctor -

(1) The Vice-Chancellor shall appoint Proctor 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.

Section 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 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 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 Univers1ty 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 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 Vice-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. ·

Section 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 Financial Adviser or the Registrar.

Section 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) the 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.

Section 18.The Senate

The Senate shall consist of the following persons, namely:

Ex-Officio Members.

(1) Chancellor;

(2) the Vice-Chancellor;

(3) the Pro-Vice-Chancellor;

(4) 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;

(9) Half of such of the Heads of University Departments as are not Deans to be nominated by the Chancellor in rotations.

(10 Ten Principals of Colleges maintained by the University as are not Deans shall be nominated by Chancellor in rotations.

(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;

(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;

Representative Members

(14) 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 and 3one f rom other Backward Classes;

(15) one representative of the Scholar of regional language to be nominated by State-Government;

(16) (a) Minimum of Ten teachers other than Deans, Principals and Head of University Department having at least five years teaching experience on substantive basis to be elected by and from among 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.

(18) One of the employees of the University and College elected by the employees of the University and College in the manner prescribed in the Act.

(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 in Statutes, 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 Scheduled Tribes 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 shall be from Scheduled Castes, one from Scheduled Tribes and three from other Backward Classes.

Section 19.Term of office of members of the Senate

(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 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:

Provided that the tenure of office of the elected members under subsection (19) of section 18 shall be one year with effect from the date of their election.

(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.

Section 20.Meetings of the Senate

(1) The Senate shall meet twice a year, on dates to be 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, convene only one special meeting of the Senate in a year.

Section 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.

Section 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;

(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;

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) 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.

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 10 years 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:'

Section 23.Powers and duties of the Syndicate

The Syndicate shall-

(a) hold, control and manage 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 for 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 :

Section 24.The Academic Council

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;

(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;

(8) Five Principals of affiliated colleges to be nominated by the Vice-Chancellor in rotation.

(9) 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 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 sub-section (1) of section 43.

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 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)

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) from12 by Ordinance 39 of 1986 was again 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.

Section 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 pro-motion 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.

Section 26.The Faculties

(1) The University may include the Faculties of Arts, 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 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 Engineering, Law, Medicine, Commerce and as may be elected from amongst and by the Senate in the manner prescribed by the Statutes:

Provided that in the case of the Faculty of Engineering, Law, Medicine, Commerce 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 Academic 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.

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.

(ii) The Head of the 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 and/or constituent colleges.

Transfer to P.G. Department shall be made on the basis of academic records, research work and publications, teaching experience and overall reputations as a subject specialist.

Transfer to the post of Head of the Department shall be done on the basis of seniority and academic distinction.

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 following 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.

Section 27.Deleted

Section 28.Departmental Council

(1) There shall be a Departmental Council for each University Department and each college consisting of the following members-

(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.

(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.

Section 29.The Examination Board

(1) Subject to the provisions of the Regulation, advice shall be given in respect of conduct of examinations by the Examination Board. 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.

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.

Section 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.

(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.

Section 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 information 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;

(d) three Deans of Faculties to be appointed in the manner as pre-scribed 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 professions, 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 years duration, except where otherwise provided.

Section 32.The Research Council

(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;

(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 imparting Post-Graduate teaching of the concerned Faculty to be nominated by the Vice-Chancellor in each academic year.

Section 33.Other authorities of the University

The constitution, powers and duties of such other authorities, as may be declared by the Statutes to be authorities of the University, shall be prescribed by the Statutes.

Section 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:

(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;

(ff) preparation of recruitment rules and promotion policy including service conditions of Teachers and Officer of the Universities of Jharkhand and their Constituent and Affiliated Colleges.

(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 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.

Section 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;

(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 sanction 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 commencement 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.

(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)—By 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. .

Section 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 :

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.

36(1)A- For making Statutes relating to Appointment/Promotion and Service conditions of the Teachers and Officers of the Universities of Jharkhand and their Colleges (Constituent and Affiliated), consultation shall be done with the Jharkhand Public Service Commission, before its finalization.

(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 decision of the Senate shall, subject to the provision contained in sub-section (3) and sub-section (4), be final:

(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 1he assents thereto with such amendments which he deems proper or that he withholds assent therefrom :

(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 there-upon 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.

(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 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:

Section 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.

Section 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 meeting 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.

Section 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;

(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.

(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.

(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.

Section 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 authorities, 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).

Section 41.Consultation with the Department of Higher Education, Government 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 the Department of Higher Education, Government of Jharkhand for consideration, and shall consider the advice tendered by the said Board.

Section 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.

Section 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.

(2) The organisation and function of the University Students' Union shall be prescribed by the Statutes.

Section 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.

Section 45.Establishment of the University Fund

(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;

(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.

Section 46.Contribution by Government to the University

(1) The State Government 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.

Section 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 committee 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.

Section 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)

Section 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.

Section 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.

Section 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 carrying 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.

Section 52.Account and audit of the University Fund

(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 reimburse 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.

(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.

Section 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.

Section 54.Power of the State Government to have accounts of the University 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.

Section 55.The Finance Committee

(1) The Finance Committee shall consist of 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;

(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.

Section 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.

Section 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, Coordinator, 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.

For obtaining the recommendation/ approval of the Commission the Governing Body of the Affiliated College shall send its proposal/ requisition to University, who with its opinion/ recommendation shall send the proposal/ requisition to the Commission.

(2) (a) The Jharkhand Public Service Commission shall hold every year a qualifying test for appointment of Assistant Professor in the Universities/Constituent Colleges/Affiliated Colleges which shall be known as the Jharkhand Eligibility Test. For this purpose it shall invite subject wise application from only such candidates who fulfil the prescribed qualifications as laid down in the Statute 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 Assistant Professor in the Universities and constituent colleges, commission shall invite application from the candidates having good academic record, 55 marks (an equivalent grade in a point read wherever grading systems followed, at the Master's level and qualified in the National Eligibility Text (NET) or Jharkhand Eligibility Test (JET) for being considered as Assistant Professor on the basis of interview.

Provided however, that candidates, who are have been awarded a Ph.D degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of Ph.D. degree) Regulations, 2009, shall be exempted from the requirement of the minimum eligibilities of NET/JET.

Provided, however, the award of degree to candidates registered for the M.Phil./Ph.D. programme prior to July 11, 2009, shall be governed by the provisions of the then existing Ordinance/Bylaws/Regulations of the Institutions awarding the degree and the Ph.D. candidates shall be exempted from the requirement of NET/JET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges/Institutions subject to the fulfillment of the following conditions:-

a) Ph.D. degree of the candidate awarded in regular mode only;

b) Evaluation of the Ph.D. thesis by at least two external examiners;

c) Open Ph.D. viva-voce of the candidate has been conducted;

d) Candidate has published two research papers from his/her Ph.D. work out of which at least one must be in a referred journal;

e) Candidate has made at least two presentations in conferences/ seminars, based on his/her Ph.D. work.

(a) to (e) as above are to be certified by the Vice-Chancellor/Pro-Vice-Chancellor/Dean(Academic Affairs) / Dean (University instructions).

The Commission shall prepare subject wise merit list against vacancies notified by the University, Constituent Colleges 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 commission shall send in order of merit only one name at a time to the university for appointment against a single vacancy. 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 law relating to appointment against vacancy.

(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 Jharkhand Public Service Commission shall fulfill conditions contained in Section 58 of the Act.

(4) Deleted

(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.

hr1 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 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..

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.

Section 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 1and to approve the deputation of teachers to the Intermediate Colleges delinked from the affiliated College;

(3) to coordinate 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.

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.

Section 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-

i) Principal of the College- Ex-Officio,

ii) a member elected by and from amongst the teachers of the college,

iii) a representative of the University nominated by the Vice-Chancellor

iv) an officer of the State Government posted in the district, being not below the rank of a sub-division magistrate, nominated by the Vice-Chancellor

v) a member elected by such donors form amongst themselves as has donated at least twenty five thousand rupees to the College,

vi) One member to be nominated by the 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

vii) 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 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.

Section 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.

(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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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 1The 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 1the 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.

(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

Section 67.Retirement from service

(a) Notwithstanding anything to the contrary contained in any Act, Rules or any Judgment of decree of a Court, The date of retirement of teachers of University or college and those officers declared equivalent to them by the statute of the University, with effect from the date of notification of this Act in the official Gazette, shall be the date on which he/she attains the age of sixty five years; the date of retirement of non-teaching employee shall be the date on which he/she attains the age of the sixty years

Provided that reappointment of teacher after retirement may be made in appropriate cause 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.

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.

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.

Section 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.

Section 70.Effect of transfer on seniority etc and Apportionment and transfer to officers, teachers and servants

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.

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-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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 79.Deleted

Section 80.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.

Section 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.