BIHAR EDUCATION CODE, 1961

BIHAR EDUCATION CODE, 1961

Preamble - BIHAR EDUCATION CODE, 1961

BIHAR EDUCATION CODE, 1961

Section 1 - Definitions

SECTION I

DEFINITIONS AND CLASSIFICATIONS

Throughout this Code, unless it is stated on the contrary -

(i)       "Department" means the Department of Education, in Bihar,

(ii)      "University" means the Bihar State Universities (University of Patna, with headquarters at Patna; University of Bihar, with headquarters at Muzaffarpur; University of Bhagalpur, with headquarters at Bhagalpur and the University of Ranchi, with headquarters at Ranchi), or any other University established by law which may from time to time have jurisdiction over the whole or such parts of Bihar as may be defined by law.

(iii)     The "Sanskrit University" means the Kameshwer Singh Darbhanga Sanskrit Vishvavidyalaya established by law under Act VI of 1960.

(iv)    "A recognised institution" means a college or Mahavidaylaya, Madrasa, or school or any other institution in which the courses of study followed are those that are prescribed or recognised by the Department of Education, by any of the Universities, the Sanskrit Vishvavidyalaya, the Board of Secondary Education, the Madrasa Examination Board, the Board of Sanskrit Education, or any other Board duly constituted either by law or Government order and which satisfies one or more of these authorities as the case may be, that it attains to a reasonable standard of efficiency and that it is open to inspection and its pupils are ordinarily eligible for admission to public examinations, tests and assessments held by the Department, or any of the authorities named above, or by any other agency set up by Government from time to time.

(v)      An "unrecognised institution" is a college or school which does not come under the above definition of a recognised institution.

Section 2 - Public and private management

Institutions under the direct management of Government or a public statutory body, such as a District Board, Municipal Corporation, a municipality, or a corporate body are said to be under public management. Institutions under the management of private persons or associations are said to be under private management.

Section 3 - Aided and unaided Institutions

Recognised institutions under private management are classified as aided or unaided, according as they do or do not receive aid from public funds, and include subsidised schools.

Section 4 - Classification of Educational Institutions

This Code does not deal with the Medical Colleges, Government Ayurvedic and Tibbi Colleges that are under the control of either the Universities or the Health Department, or with the Veterinary College and the Agriculture College that are under the control of the Agriculture and Animal Husbandry Department, or with the Engineering College or with technical or industrial schools, that are under the control of the Universities, the Department of Industries or the Agriculture and Animal Husbandry Department, or with the Reformatory school or Anglo-Indian schools which have separate Codes of their own.

Section 5 - Different kinds of colleges

Colleges are divided into the following kinds:-

(1)     Institutions of Research and/or Post-Graduate studies.

(2)     Colleges for General Education (e.g., Arts colleges, Science colleges Commerce colleges).

(3)     Colleges for Traditional or Oriental Learning.

(4)     Professional colleges-These include (i) Law colleges, (ii) Teachers' Training colleges, (iii) colleges of Health and Physical Education and (iv) purely Commerce college.

Section 6 - Different kinds of schools

Schools are divided into two kinds:-

(a)      Schools for general instruction.

(b)      Schools for special instruction.

Schools under (a) above are divided into following types:-

(i)       High schools.

(ii)      Higher Secondary and Multipurpose schools including Netarhat Residential School.

(iii)     Sarvodaya Multipurpose schools (Post Basic High schools).

(iv)    Sanskrit High schools.

(v)      Middle schools, including senior Basic schools/Sanskrit Middle schools if any.

(vi)    Primary schools, including upper primary and lower primary schools, primary Urdu schools, primary Sanskrit schools and Junior Basic schools.

Schools under (b) above are divided into following types:-

(i)       Art schools.

(ii)      Training schools including basic and social education training schools and Janta colleges.

(iii)     Engineering schools.

(iv)    Technical and Industrial schools.

(v)      Commercial schools.

(vi)    Agriculture schools.

(vii)   Reformatory schools including schools for juvenile delinquents.

(viii)  Schools for the handicapped.

(ix)    Other schools, viz., Montessorie schools, are Basic/Pre-primary schools.

Section 7 - Functions of Different Institutions

An Institute of Research and/or Post-Graduate studies conducts research in specific branches of learning and may provide Post-Graduate teaching in these subjects.

A College for general education provides instruction in the University courses in Arts or Science.

A first grade College provides instruction up to the standard of a University degree. A Law College is an institution preparing students for the University Examinations in Law.

A Training College, is an institution for the professional training of teachers in secondary schools and of inspecting officers. It prepares students for the Diploma in Education and may prepare them for the degree of Master of Education.

A Janta College, is an institution which imparts training for diploma in Social Education.

A Commerce College is an institution preparing students for University Examination in Accountancy and Banking.

College of Health and Physical Education is an institution for the professional training of teachers and students in physical culture and prepares students for (i) the Diploma in Physical Education, and (ii) the Certificate in Physical Education.

A Higher Secondary School is a recognised school or department of recognised school imparting instruction in higher secondary education.

A Multipurpose School is a higher secondary school with an additional feature providing instruction in vocational subject groups.

A High School is a recognised school providing instruction upto the standard of the secondary school examination of the Bihar School Examination Board.

Netarhat School is a Higher Secondary Multipurpose State Residential School with special staff and equipments situated at Netarhat. Admission to it is based on a competitive examination and test held on State level, provision existing for reserved seats for pupils of the Scheduled Castes and Tribes and Backward Classes. Fees are charged according to parents' income per schedule.

A Sarvodaya Multipurpose School (Post Basic high school) is a recognised Higher Secondary School, imparting a four years' diversified course after the eight years' Senior Basic Course. It imparts both general education and proficiency in occupational subjects with emphasis on appropriate environments and productive activity.

A Senior Basic School is a school imparting a seven or eight years' integrated course of general education and in understanding of the environments. It aims at an all round development of the personality of the pupils.

A Middle School is a school providing instruction in the integrated course for seven or eight years.

A Junior Basic School provides education in the first five years of the integrated course of a Senior Basic Middle School.

An Upper Primary School provides instruction up to Class V.

A Lower Primary School provides instruction up to Class III.

A Teachers' Training School is an institution for the professional training of teachers.

An Art School is a school which provides instruction in drawing sculpture, painting and similar subjects.

A Commercial School provides instruction to students to qualify them for a career in business.

An Agricultural School provides instruction in agriculture, both practical and theoretical.

A Pardanashin School is a school where one of the teachers (or more) or pupils observe strict pardah and arrangements are made to teach girls in strict pardah.

Institution of Oriental Learning. -

A College for traditional learning provides instruction in one of the higher branches of Sanskrit, Arabic or Persian learning.

SANSKRIT EDUCATION

(1)     Sanskrit College or Mahavidyalaya. -

A Sanskrit College or Maha-vidyalaya means an institution admitted to or maintained by the Sanskrit University in accordance with the provisions and the rules laid down in the Bihar Education Code or in the Sanskrit University Act and rules thereunder, in which instruction is given to the students of the college upto and including the standard of Acharya which imparts instruction in more than one subject, has a minimum of five teachers on its staff; and is recognised by the Sanskrit University as such.

(2)     Sanskrit Vidyalaya or Tol

A Sanskrit Vidyalaya or Tol means a recognised Sanskrit institution which prepares candidates for the Prathama, Madhyama, Shastri, Acharya title or any other degree examination. It imparts instruction in Sanskrit subjects according to the old syllabus prescribed by the Board of Sanskrit Education with less than five teachers on its staff and is recognised by the Board of Sanskrit Education.

(3)     Sanskrit High School

A Sanskrit High School means an institution which imparts instruction only up to the Madhyama standard according to the new modernised syllabus, and is recognised by the Board of Sanskrit Education as such.

(4)     Sanskrit Pathashala

A Sanskrit Pathashala or Primary Sanskrit school means an institution which imparts instruction in Sanskrit only up to the Prathama standard and is recognised by the departmental authorities as such,

ISLAMIC EDUCATION

(i)       Institute of Post-Graduate studies and Research in Arabic and Persian.

(ii)      A Madrasa provides instruction in Islamic subjects above the primary standard and prepares candidates for the examinations held by the Madrasa Examination Board.

(iii)     A Primary Urdu School is a primary school in which one period a day is devoted to religious instruction on the Islamic system including the reading of the Koran.

Section 8 - Educational Policy of the State Government

SECTION II

SYSTEM OF EDUCATION IN THE STATE

The policy to which the educational system of the State of Bihar conforms has arisen out of the fundamental rights and the directive principles of State policy laid down in the Constitution of India and the policies and programmes formulated from time to time in the development plans of the country and in the various schemes launched by the State Government or jointly by the State Government and the Government of India. The State Government accepts as its objective the providing of universal free and compulsory education for all children until they complete the age of 14 years and, without directly managing schools, it provides the initiative and assistance required for the fulfilment of this objective. It encourages local enterprise wherever it is forthcoming, but takes care to guide the expansion on the basis of well thought out plans and needs of different regions. Government also shares the responsibility of efficient and regular distribution, of salaries to teachers and retains general control, by means of efficient inspection, over all recognised institutions. In the sphere of high school and collegiate education, Government relies largely upon private enterprise and initiative but endeavours to promote expansion and improvement according to the needs of the general development of the society. Government recognises the importance and urgency of social education among the adult population of the State and with the added advantage of private enterprise like libraries and cultural centres, seeks to further this programme. Government's policy in the matter of content and methods of school education is guided by the principle that all education should be linked with the environment of the child, that productive activities should play an important part in education and that at a certain stage the different aptitudes and requirements of the pupils should be taken into account in determining their courses of studies. In other words the Basic system of education in the first eight years of schooling and provision of diversified courses of studies at the high school stage are two main principles recognised by the State Government for the content and method of school education.

Section 9 - Religious Neutrality

No religious instruction shall be provided in any educational institution wholly maintained out of the State Funds.

Nothing as noted above shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution.

No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or on any premises attached thereto unless such person, or, if such person is a minor, his guardian has given his consent thereto.

Section 10 - Medium of Instruction

The policy with regard to the medium of instruction shall be as follows;-

(a)      The medium of instruction in non-language subjects up to the Middle stage, i.e., up to class VII in traditional schools and up to class VIII in Basic and Sarvodaya schools shall be the mother tongue of the pupil concerned. Authorities of schools in which the total number of students whose mother-tongue is other than the language which is used as the medium of instruction in that school is 40 and above shall be expected to provide one teacher who will take classes in non-language subjects through the medium of that language.

(b)      The languages accepted as mother-tongue for the purpose of this resolution shall be Hindi, Bengali, Oriya, Urdu, Maithili, Santhaii, Oraon, Ho, Mundari and for Anglo-Indian pupils, English.

(c)      From class VIII onwards (and in the case of Basic schools from class IX-onwards) the medium of instruction in all non-language subjects shall be Hindi. But in High schools run by the linguistic minorities there may be no objection to any other language being the medium of instruction in such schools. Provision shall, however, be made in them for teaching through the medium for Hindi speaking students if their number is 10 and above in any class and 40 and above in the four upper classes of the school.

(d)      Hindi shall be a compulsory subsidiary subjects in all schools, without exception, from class IV onwards, and all local bodies and managers of private schools shall either engage for every Middle or Upper Primary School an additional Hindi teacher or depute one of their teachers for a six or nine-month course in Hindi language at the centres being run by the Government under the scheme for the education of the Hindi-speaking people in backward areas. Similarly, duly qualified Hindi teachers shall be engaged for teaching Hindi in High School classes to students whose mother tongue Is a language other than Hindi.

(e)      The School Examination Board shall, as far as possible, frame rules regarding the medium of examination of non-language subjects in conformity with the general policy enunciated above and in the case of private candidates grant necessary facilities.

Section 11 - Controlling Officers

The Director of Public Instruction (hereinafter called the Director) is the head of the Department of Education and is the Chief Educational Adviser to the State Government. He is assisted at the State headquarters by-

(i)       Additional Director of Public Instruction, Bihar, Patna.

(ii)      Joint Director of Education (Training), Bihar, Patna.

(iii)     Deputy Director of Education (Administration), Bihar, Patna.

(iv)    Deputy Director of Education (General), Bihar, Patna.

(v)      Deputy Director of Education (Planning), Bihar, Patna.

(vi)    Deputy Director of Education (Secondary), Bihar, Patna.

(vii)   Deputy Director of Education, (Basic and Primary) I, Bihar, Patna.

(viii)  Deputy Director of Education (Basic and Primary) II, Bihar, Patna.

(ix)    Deputy Director of Education (Social), Bihar, Patna.

(x)      Deputy Director of Education (N. C. C.), Bihar, Patna and Administrative Officer (N.C.C.)

(xi)    Deputy Directress of Education, (Girls) Bihar, Patna.

(xii)   Budget Officer.

The officers immediately subordinate to the Director are as follows:-

1.        At State Level. ?

(1)      Director, Educational and Vocational Guidance Bureau, Patna.

(2)      Director, Dr. A. N. Sinha Institute of Social Studies, Patna.

(3)      Director, Institute of post-graduate Research in Arabic, and Persian Learning, Patna.

(4)      Director, Nava Nalanda Mahavihar, Nalanda.

(5)      Director, Research Institute of Prakrit, Jainology and Ahimsa, Vaishali, (Muzaffarpur).

(6)      Director, Mithila Institute of Post-Graduate Studies and Research in Sanskrit Learning, Darbhanga.

(7)      Director, Rural Institute, Birauli (Darbhanga).

(8)      Director, K. R Jayaswal Research Institute, Patna.

(9)      Director, Text Book Research Bureau, Patna.

(10)   Assistant Director of Education (Sanskrit), Bihar, Patna.

(11)   Assistant Director of Education (Islamic), Bihar, Patna.

(12)   Director, Vaishali Rural Institute, Turki.

(13)   Superintendent of Libraries, Bihar.

(14)   Superintendent, Hazaribagh Reformatory School.

(15)   Lady Superintendent, State After-Care Home, Patna.

(16)   Education Literature Officer, Bihar, Patna.

(17)   Education Publication Officer, Patna.

(18)   Director, Rashtra Bhasha Parishad, Patna.

(19)   Secretary, Board of Secondary Education, Patna.

(20)   Secretary, Basic Education Board.

(21)   Secretary, Adult Education Board.

(22)   Secretary, Bihar Secondary School Examination Board.

(23)   Secretary, Madrasa Examination Board.

(24)   Principal, Netarhat Residential School.

(25)   Principal, Government College of Health and Physical Education, Patna.

(26)   Principal, Teachers' Training College, Ranchi.

(27)   Principal, Teachers' Training College, Bhagalpur.

(28)   Principal, Teachers' Training College, Turki.

(28A) Principal, Teachers' Training College, Deoghar.

(28B) Principal, Teacher's Training College, Samastipur.

(29)   Principal, Patna Government School of Arts, Patna.

(30)   Principal, Dharma Sanskrit Samaj College, Muzaffarpur.

(31)   Registrar of Examinations, Bihar.

2.        At Divisional Level.-

A Regional Deputy Director of Education in each of the four divisions of the State; Patna, Bhagalpur, Tirhut and Chotanagpur.

All other officers of the Directorate or subordinate officers are subordinate to one or other of these officers and should address the Director only through the officer to whom they are subordinate.

Section 12 - Inspecting agency for Girls' Education

The inspection, supervision and organisation of girls' education throughout the State are carried through the agency of the Inspectress of Schools, Bihar. There are 17 District Inspectresses of Schools, one in each district who are charged with the immediate inspection and supervision of girls' schools in their respective districts. In addition, there are Deputy Inspectresses of Schools for every outlying subdivision (excluding the Sadar Subdivision) who are responsible for the inspection and supervision of girls' middle and primary schools in their respective subdivisions.

Section 13 - Section 13

(a) Organisation

SUBORDINATE INSPECTING OFFICERS AND SUPERVISORY STAFF OF DIVISIONAL, DISTRICT AND SUB-DIVISIONAL LEVELS.

The following officers are posted at Divisional, District, Sub-divisional and Anchal headquarters:-

A.        At Divisional Level.-

(i)       Divisional Superintendent of Basic Education.

(ii)      Divisional Social Education Organiser.

(iii)     Assistant Administrative Officer.

B.        At District Level.-

(i)       District Education Officer.

(ii)      District Inspectress of Schools.

(iii)     District Superintendent of Education.

(iv)    District Social Education Organiser.

(v)      Deputy Superintendent of Physical Education.

(iv)    Deputy Superintendent of Education.

C.        At Sub-divisional Level.-

(i)       Sub-divisional Education Officer.

(ii)      Deputy Inspector of Schools.

(iii)     Deputy Inspectress of Schools.

(iv)    Deputy Superintendent of Basic Education.

D.       At Anchal Level.-

(i)       Sub-Inspector of Schools.

(ii)      Social Education Organisers.

Section 14 - Inspecting functions of the Director

(b) *Duties and powers of Officers.

A. *The Director.

The Director is entitled to inspect recognised public Institutions in the State that are under the control of the Department.

Section 15 - Administrative functions of the Director

The administration and control of Government Teachers' Training Colleges, Government College of Health and Physical Education, Institute of Post-Graduate Studies and Research in Arabic and Persian learning rest with the Director subject to the overall control of Government.

Section 16 - Relation of the Director with Government

The Director is immediately responsible to Government. He is competent to dispose of all questions except those detailed in the succeeding article.

Section 17 - Cases requiring reference to Government

The orders of Government are required for-

(1)     the creation of any new permanent or temporary post, except that the Director may sanction for any institution or office under his control, except for his own office, the creation of a new temporary post on a pay not exceeding Rs. 160 per mensem, subject to the conditions 

(i)       that funds can be found within his budget, 

(ii)      that a quarterly statement of all posts thus created is submitted to Government and 

(iii)     that the increase in establishment does not form a charge on State revenues in subsequent years;

(2)     any alteration in the pay of a sanctioned post except that the Director has power under rule 85 of the Bihar Financial Rules in the case of non-gazetted establishments divided into separate units or cadre carrying different scales of pay, and to make excess appointments in a lower unit or cadres against an equal or greater number of vacancies left unfilled in the higher unit or cadre, and to vary the details (namely the rates of pay of particular posts, the number of persons employed and the period of employment) of the appointment of any temporary establishments employed under him, whatever the period of their employment, subject to the following conditions:-

(a)      that the cost of the temporary establishment shall not be raised 'beyond the total amount sanctioned for the establishment by the authority which sanctioned its employment;

(b)      that where the authority which sanctioned the employment of the temporary establishment is the State Government, the pay of no post shall be raised beyond the limit of the minimum of the prescribed scale thereof without the special sanction of the State Government; and

(c)      that in other cases, the pay of no post shall be raised beyond limit of sanction enjoyed by the authority which sanctioned the employment; of the temporary establishment;

(3)     the grant of any special pay, conveyance allowance, or compensatory allowance except as specified in clause (15) below;

(4)     the creation of any new post, or the abolition of any existing post, in a graded service;

(5)     any general revision of the pay of any class of officers in the Department;

(6)     appointments, to or confirmations in the Bihar Educational Service, or any post outside the Director's own office of which the maximum pay exceeds Rs. 250 a month, or any post which it is intended to absorb into the Bihar Education Service or the holder of which performs duties similar to those of members of the Bihar Educational Service;

(7)     the placing of any officer on foreign service, except that the Director has . the power under rule 267 of the Bihar Service Code (first edition) to sanction the transfer to service under the Court of Wards in Bihar of any non-gazetted officer whom he can himself appoint or transfer in the ordinary course of administration;

(8)     the grant of leave to any of the officers mentioned in clause (6) above except that the Director is competent to grant leave of all kinds, with permission to prefix or affix Sundays and gazetted holidays to such leave, and to extend leave, provided that the officer on leave will, on his return, be under the Director's administrative control, to all officers who are not members of Class I of the Bihar Educational Service or whose pay does not exceed Rs. 550 subject to the following conditions:-

(i)       that not more than one-eleventh of the officers who are drawing Rs. 550 or less in Class II of the Bihar Educational Service are on leave at one time;

(ii)      that the period of leave does not exceed one year.

(8-A)(i) Officiating arrangements which involve promotions from the Subordinate Educational Service to the Bihar Educational Service in the vacancies caused by absence on leave of officers in Class II of the Bihar Educational Service subject to the exceptions under the powers delegated to the Director. In exceptional circumstances temporary arrangements can be made in anticipation of the approval of Government, but immediate report has to be sent to them in cases in which no prior reference to them is possible;

(ii) direct appointments of outsiders in colleges under the control of the Department where a substitute may have to be appointed in a sudden vacancy. Such appointments where necessary are permissible in anticipation of the approval of the Government and the fact of having done so should at once be reported to Government. The term of such vacancy should not exceed a period of two months but where the vacancy is likely to last for a longer period it should be advertised. Similar procedure under similar circumstances may be adopted in respect of posts in the general Bihar Educational Service and general Subordinate Educational Service (Upper Division);

(9)     the grant of extensions of service or of pensions or of the concessions mentioned in Articles 436, 455 and 474 of the Civil Service Regulations to any of the officers mentioned in clause (6), of an extension of service to any officer who has attained the age of 60 years,

(10)   the transfer of any officer whose pay exceeds Rs. 300, The Director has however, full powers under rule 56 (Appendix I) of the Bihar Service Code to sanction transfer of all Government servants serving under his control whose pay also does not exceed Rs. 350;

(11)   the appointment as Hostel Superintendent of any officer whose total emoluments will exceeds Rs. 550;

(12)   the grant of permission to an officer appointed by Government to apply for a post in another department or under another Government;

(12-A) the compulsory retirement of any officer, but the Director has full power under rule 74 (Appendix I) of the Bihar Service Code and compulsory retirement in respect of non-gazetted Government servants both in superior and inferior services who are not appointed by Government;

(13)   the appointment to any post in the Department whether permanent or temporary, carrying a pay of Rs. 25 a month or over, of a person who is not a native of, or domiciled in the Province;

(14)   the re-employment of any officer in receipt of a pension;

(15)   any combination of appointments except when the Director has the power of making appointments to each of the posts concerned, in which case he may appoint a Government servant to hold temporarily or to officiate in more than one post and may fix the pay of subsidiary posts and the amount of the compensatory allowances to be drawn;

(16)   the withholding of increments of pay, in the case of the officers mentioned in clause (6) of this article;

(17)   a reduction in the pay and allowance of a Government servant treated as on duty, in the case of the officers, mentioned in clause (6) of this article;

(18)   a reduction in the pay of an officiating Government servant in cases where the Director has not the power to make an officiating appointment to the post concerned;

(19)   the grant of sanction to or the acceptance, under rules 138 and 140 of the Bihar Service Code, of honoraria from general revenues to Government servants under the Director's administrative control above maximum of Rs. 500 when the amount is calculated according to the a scales fixed by Government for remuneration to examiners;

(20)   the appointment of members of the governing bodies of Government colleges and of the managing committee of Government schools except of Government girls' middle schools at sub-divisional headquarters whose appointment is approved by the Inspectress of School, Bihar;

(21)   the establishment of any new Government school, subject to any general orders which may be issued permitting the Director to sanction the establishment of a certain number of schools of a particular class;

(22)   any new or exceptional arrangements for the training of teachers;

(23)   raising of the status of any Government school;

(24)   any alteration in the range of studies or admission in any Government college or school;

(25)   any general revision of the rates of fees charged in Government schools or Government colleges, subject to the proviso that the Director may sanction the levy of athletic fees or other extraordinary fees;

(26)   the issue of any circular which is more than routine or explanatory, or which is capable of being interpreted wrongly by the general public;

(27)   the sending to any public association of a reply which might be construed as an expression of the opinion or policy of Government;

(28)   any change in the scheme of studies prescribed for schools of any grade;

(29)   the formation of any State Board for the control of examination or any other purpose;

(30)   permission to publish any report;

(31)   the delegation of powers to officers subordinate to the Director;

(32)   the establishment or abolition of any examination on the result of which certificates are awarded by an officer of the department;

(33)   any change in the system of aiding schools under private management;

(34)   any alteration in the sanctioned number or value of scholarships or stipends and the creation of any special scholarships, except that the Director may reduce or increase the number of middle and primary scholarships assigned to any district, subdivision or thana on condition (1) that no charge is imposed on Government; and (2) that before making the change the head of the district concerned is consulted;

(35)   permission for a college scholarships to be made tenable in the United Kingdom;

(36)   sanction to the erection or alteration of any residential building at a cost exceeding Rs. 10,000;

(37)   the transfer of buildings, from other departments to the Education Department or of departmental buildings to the books of the Public Works Department;

(38)   any expenditure on residential buildings, except on ordinary repairs;

(39)   the leasing of any building for public purpose, except that the Director may sanction (a) a monthly expenditure not exceeding Rs. 100 for building used entirely for the accommodation of an office,'(b) a monthly expenditure not exceeding half the rent up to a limit of Rs. 45 per mensem in the case of building used partly as an office and partly as a residence and (e) annual expenditure not exceeding Rs. 144 in other cases;

(40)   the acquisition of land for any purpose or grant of land to a school or college on lease;

(41)   any alteration in the sanctioned number of holidays for Government Colleges or Schools;

(42)   any non-recurring grant to a school exceeding either Rs. 10,000 or the amount of the local contribution;

(43)   any new or substantially increased recurring grant to a college, for which specific budget provision has not been made or which causes an excess over the budget grant;

(44)   any payments to local bodies;

(45)   any re-appropriation of funds except between items included within the same primary unit of appropriation and in the following cases of voted funds-

(a)      from one minor head to another;

(b)      within the same minor head, any re-appropriation from or the provisions for-

(i)       recurring and non-recurring grants to the University, grants to local bodies for secondary education, and grants to local bodies for primary education ; and any re-appropriation from nonrecurring to recurring in the case of direct grants to non-Government special schools or direct grants to non-Government primary schools; as well as secondary schools;

(ii)      scholarships in professional colleges under the control of the department, in Secondary schools, in Primary schools, in special schools and State scholarships;

(iii)     grants for the encouragement of literature;

(c)      any re-appropriation to the following heads of non-contingencies-

(i)       the purchase of books and periodicals including library charges;

(ii)      purchase of apparatus and instruments; and any re-appropriation from or to the provision for prizes, grants to athletic clubs and common room charges, and to the primary unit "non-recurring; annual grant for minor projects" under the head "B-Secondary direct grants to non-Government Secondary Schools";

(46)   any charges for which budget provision has not been made and which cannot be met by re-appropriation permissible under the preceding Section;

?

(47)   the writing-off of any irrecoverable amounts in excess of Rs. 500;

(48)   the remission of leave allowance or salaries which have been overdrawn;

(49)   (a) any changes in the fixed rates of travelling allowance sanctioned for officers of different grades;

(b) sanction of travelling allowance of non-official members of committees, etc., appointed by the State Government with regard to educational matters;

(50)   any substantial increase in recurring contingent charges of any kind;

(51)   xpenditure on articles of special contingencies when the total item of charge exceeds Rs. 500, or in the case of mathematical or scientific instruments or models Rs. 1,500, or in the case of petty construction and repairs, Rs.'2,500 for anyone work;

(52)   the purchase in India, of any article of European manufacture the cost of which exceeds Rs. 250, but the Director has power up to Rs, 1,000 (a) where the article is already in India, at the time of order or is already on the way out and its price and qualify are not unfavourable when compared with those at which similar articles could be obtained from the Stores Department, or (b) in case of emergency or when inconvenience to the public service be caused by waiting to obtain an article through the Stores Department or when, owing to the greater promptitude of supply, economy can be effected by purchase in India;

(53)   any expenditure on newspapers and periodicals beyond the limit from time to time fixed by Government;

(54)   any alteration in the list of officers who may be supplied direct with stationary;

(55)   the supply of Government publication other than official publication issued in India;

(56)   the introduction of any new standard forms;

(57)   permission to an officer to take his horse, motor-car, motor cycle or camp equipment by rail at Government expense;

(58)   permission to an officer to extend joining time under rule 263 of the Bihar Service Code (first edition). A reference is not necessary if the limit of 30 days is not exceeded;

(59)   permission to an officer to halt more than 30 days in one place;

(60)   permission to any officer to leave the State on duty ; provided that the Director may permit under rule 76 of the Bihar Travelling Allowance Rules, teachers in Government service to undertake journeys outside the State, while accompanying their students on excursions;

(61)   The establishment or reconstitution of any trust fund or any alteration in the utilisation of the proceeds of any existing fund;

(62)   the establishment of telephones in the private residences of officers at Government expense;

(63)   purchase of motor parts and accessories except that the Director has power to make these purchases up to Rs. 1,000 subject to budget provision;

(64)   purchase of motor cycle except that the Director has power to purchase motor cycle up to Rs. 2,000 subject to budget provision;

(65)   purchase of audio-visual instruments and parts except that the Director has power to make these purchases up to Rs. 1,000 subject to budget provision.

Section 18 - Cases disposed of by the Director

Cases not included in the preceding articles are disposed of by the Director except when power has been delegated to an officer subordinate to him.

The following articles indicate the powers so delegated:-

Section 19 - Director of Educational and Vocational Guidance Bureau

B. Powers delegated to officers immediately subordinate to the director.

Subject to the control of the Director of Public Instruction, the Director of Educational and Vocational Guidance Bureau is responsible for working out plans for the expansion of educational and vocational guidance services, and for the organisation of training courses for school counsellors, teacher counsellors and career masters. He is also required to assist educational institutions in organising information centres and guidance services.

Section 20 - Director, Dr A. N. Sinha Institute of Social Studies

The Director is the academic and executive head of the Institute which is managed and controlled by the State Government with the assistance of

(i)       General Council,

(ii)      Executive Committee, and

(iii)     Advisory Board. He is assisted by two Assistant Directors and an Administrative Officer and is responsible for day to day administration of the Institute.

Section 21 - Director, Institute of Post Graduate Studies and Research in Arabic and Persian Learning

The Director of the Institute is the academic and executive head of the Institute subject to the directions given to him from time to time by the Director of Public Instruction, Bihar and the General Council. He shall have the power to admit students subject to such general policy as may be indicated or laid down by the Government. He shall be the ex-officio Secretary of the General Council and may when present, preside over the meetings of the Publication Committee. He shall have disciplinary control over his subordinates and shall draw and countersign bills of his office establishment and subordinate officers, grant leave to the subordinate officers, indent forms and various articles, incur contingent expenditure and prepare budget. He shall have power to appoint menials under his control, to grant them leave and to punish, suspend, degrade or dismiss them.

Section 22 - Director, Nava Nalanda Mahavihar, Nalanda

(a)           The Director will be the academic and executive head of the Institute subject to the directions given to him from time to time by the Government and the General Council.

(b)          He will supervise the various branches of work in the Institute and the office work performed by the Registrar.

(c)           He will be responsible for admitting students on such advice of the members of the staff as he may like to ask for and subject to such general policy as may be indicated or laid down by the Government.

(d)          In co-operation with the members of the staff of the Institute he will plan the programme of work of the Institute from time to time. He will distribute duties and entrust different branches of work among the members of the staff and will generally be responsible for ensuring the activities of the Institute, which must conform to the aims and objects laid down for it.

(e)           He will be the ex-officio Secretary of the General Council and the Board of Advisers and will, when present, preside over the meeting of the Committee of Courses and the Publication Committee.

(f)            He will be the General Editor of all the Publications of the Institute.

(g)          He will supervise the preparation of the annual report of the Institute.

(h)          He will be competent:-

(i)       To pass his own contingent bills.

(ii)      To grant leave to scholarship-holders reading in the Institute subject to the rules prescribed by Government.

(iii)     To pass bills for scholarships, stipends or reward payable to students and scholars reading in the Institute.

(iv)    To sanction, satisfactory reasons being shown for the delay, the drawing of scholarships forfeited on account of the failure of the scholars to join the Institute within one month from the date of publication of the scholarship lists in the Bihar Gazette or the date from which the scholarships are tenable, whichever is later.

(v)      To spend without reference to Government sums which have been specially assigned for the award of scholarships, medals and prizes by trust deeds or otherwise, for the benefit of the Institute. (This power is, however, limited to cases in which the Secretary to Government is not himself the administrator under trust deeds).

(vi)    To appoint menials and other officers outside the grade services posts under the Institute whose pay does not exceed Rs. 40 a month.

(vii)   To purchase prize and library books within the sanctioned allotment.

(viii)  To appoint subordinate officers to remain incharge of the Institute during a vacation or absence of the Director on any business during term, subject to report to the Director of Public Instruction, Bihar.

(ix)    In the case of a pupil leaving the State of Bihar for an institution in another State of the Indian Union, to note on behalf of the Director of Public Instruction that there is no objection to the pupil's migration. Doubtful cases of issuing certificates should be sent to the Director of Public. Instruction for countersignature.

(x)      To award free studentships within the prescribed limit.

(xi)    To countersign bills for travelling allowance of all officers in the Institute.

(xii)   To submit indents for forms and envelopes direct to the Deputy Superintendent, Printing at Gaya.

(xiii)  To make arrangement of classes, settlement of routines, the annual examination, awarding of class promotion and all other matters relating to discipline and teaching.

Section 23 - Director, Research Institute of Prakirt, Jainology and Ahimsa, Vaishali

The Director shall be a whole-time officer of the Institute. He shall be the academic and executive head of the Institute subject to the directions given to him from time to time by the Government, the Director of Public Instruction Bihar and the General Council. He will supervise the office and the various branches of work in the Institute. He will be responsible for admitting students on such advice of the members of the staff as he may like to take and subject to such general policy as may be indicated or laid down by the Government. He shall also exercise power and perform duties as follows

(i)       He will, in co-operation with the members of the staff, plan programme of work of the Institute from time to time.

(ii)      He will distribute duties and entrust different branches of work among the members of the staff and will generally be responsible for seeing that the activities of the Institute, conform to the aims and objects laid down for it.

(iii)     He will be the ex-officio Secretary of the General Council and the Board of Advisers, and will, when present, preside over the meetings of the Committee of Courses and the Publication Committee.

(iv)    He will be the General Editor of all the Publications of the Institute.

(v)      He will supervise the preparation of the Annual Report of the institute.

(vi)    He will grant leave to scholarship-holders reading in the Institute subject to the rules prescribed by Government.

(vii)   He will pass his own contingent bills as well as bills for scholarships, stipends or rewards payable to students and scholars reading in the Institute.

(viii)  He may, on satisfactory reasons being shown for the delay, sanction the drawing of scholarships forfeited on account of the failure of the scholar to join the Institute within one month from (a) the date of publication of the scholarship list in the Bihar Gazette, or (b) the date from which the scholarships are tenable, whichever is later.

(ix)    He may, without reference to Government, spend sums which have been specially assigned by trust deeds or otherwise for the benefit of the Institute. This power is, however, limited to cases in which the Secretary to Government is not himself the administrator under the trust deeds.

(x)      He may on the recommendation of a selection committee appoint menials and other officers outside the graded service to posts under the Institute whose pay does not exceed Rs. 40 a month.

(xi)    He may purchase prize and library books within the sanctioned allotment.

(xii)   He may appoint subordinate officers to remain in charge of the Institute during a vacation or the absence of the Director on any business during terms, subject to report to the Director of Public Instruction, Bihar.

(xiii)  In the case of a pupil leaving the State of Bihar for an institution in another State of the Indian Union, he may, subject to the approval of the Director of Public Instruction, Bihar sanction the pupil's migration. Doubtful cases of issuing certificates should be sent to the Director of Public Instruction, Bihar for countersignature.

(xiv)  He may award free studentships within the prescribed limit.

(xv)   He will submit indents for forms and envelopes direct to the Deputy Superintendent, Government Printing Press Gaya.

(xvi)  He will countersign bills for the travelling allowance of all officers in the Institute.

(xvii) He shall make all arrangement of classes, settlement of routines, annual examinations, awarding of class promotion and all other matters relating to discipline and teaching.

(xviii)   In the matter of appointment, disciplinary control of subordinates, drawing and countersigning of bills of various kinds, granting of leave to subordinate officers, indenting of forms and various articles, incurring of contingent expenditure, preparation of budget and other connected matter, he shall enjoy such powers as will be delegated to him by the Controlling Officer, viz., the Director of Public Instruction, Bihar.

Section 24 - Director Mithila Institute of Post-Graduate Studies and Research in Sanskrit Learning

The Director will be academic and executive head of the Institute subject to the direction given to him from time to time by the Government and the General Council:-

(i)       He will supervise the various branches of work in the Institute and the office work performed by the Registrar.

(ii)      He will be responsible for admitting students on such advice of the members of the staff as he may like to take and subject to such general policy as may be indicated or laid down by the Government.

(iii)     In co-operation with the members of the staff of the Institute he will plan the programme of work of the Institute from time to time. He will distribute duties and entrust different branches of work among the members of the staff and will in general be responsible for seeing the activities of the Institute which conforms to the aims and objects laid down for it.

(iv)    He will be the ex-officio Secretary of the General Council and the Board of Advisers and will, when present, preside over the meeting of the Committee of Courses and the Publication Committee.

(v)      He will be the General Editor of all the Publications of the Institute.

(vi)    He will supervise the preparation of the annual report of the Institute.

(vii)   In the matter of appointments, disciplinary control of subordinates, drawing and countersigning of bills of various kinds, granting of leave to subordinate officers, indenting for forms and various articles, incurring contingent expenditure, preparation of budget, and other connected matters, he shall enjoy such powers as will be delegated to him by the Controlling Officers viz., the Secretary to Government in the Education Department.

Section 25 - Director, Rashtra Bhasha Parishad

The Director of the Parishad shall be a paid Government servant appointed by Bihar Government and shall have to perform and exercise such duties and powers as are entrusted and delegated to him by Government. Ordinarily, he shall have the same administrative and financial duties and powers as performed and exercised by the Regional Deputy Director of Education.

Section 26 - Director, Kashi Prasad Jayaswal Research Institute

The Director will be the academic and executive head of the Institute subject to the directions given to him by the Government or the General Council. He will have the power-

(1)     To supervise and direct the work in various branches of the Institute and ensure that it conforms to the aims and objects of the Institute.

(2)     To plan programme of research, publication, exploration and excavation under the auspices of the Institute.

(3)     To distribute duties to the different members of the staff and direct there research and academic activities.

(4)     To approve and sanction the tour programme of the members of the staff for the purpose of exploration, excavation and collection of historical material and documents, both within and outside the State.

(5)     To edit all the Publications of the Institute as their General Editor.

(6)     To prepare the annual report on the working of the Institute to be submitted to the General Council.

(7)     To make temporary appointments of Research fellows with the approval of Controlling Officer, till the time the posts are regularly filled by the Public Service Commission.

(8)     To pass his own contingent bills.

(9)     To grant leave to the staff subject to the rules for the time being in force.

(10)   To make temporary appointments necessitated by the employees of categories of classes III and IV going on leave or for training.

(11)   To employ field labour and make temporary appointments at not more than Rs. 5 a day which may be necessary for proper excavation (within the amount sanctioned for excavations).

(12)   To take all steps in connection with exploration, excavation and search for Mss within the amount sanctioned in the budget.

(13)   To incur expenditure up to an amount of Rs. 500 on one individual item, provided it is within the amount sanctioned, in the budget.

(14)   To appoint menials and other officer's outside the graded service to posts under the Institute, whose pay does not exceed Rs 50a month.

(15)   To appoint an officer to be in charge of the Institute during the absence on duty, subject to report to the Secretary to Government.

(16)   To countersign bills for the travelling and halting allowance of all the employees of the Institute.

(17)   To submit indents for forms and stationery articles direct to the Deputy Superintendent, Government Printing Press, Gaya and Superintendent, Government Stationery Stores, Bihar.

(18)   To keep the accounts of the Institute in the proper manner.

(19)   In the matter of appointment, disciplinary control of the subordinate drawing and countersigning of bills of various kinds, granting of leave to subordinate officers, indenting forms and various articles incurring of contingent, expenditure, preparation, of the budget and other connected matters, he will have such other powers as will be delegated to him by the Controlling Officer.

Section 27 - Assistant Director of Education (Sanskrit)

The Assistant Director of Education (Sanskrit) is the ex-officio Secretary of the Board 1 of Sanskrit Education. He is also required to inspect Sanskrit tols, Sanskrit high schools and to advise the Director on all questions affecting Sanskrit education. He is required to be on tour outside his headquarters for not less than 120 days in each official year. He is the Controlling Officer for Government Sanskrit high schools. He exercises power similar to those exercised by the District Education Officer in respect of his office. He is empowered, to publish in the Gazette the annual list of recognised Sanskrit tols and Vidyalayas under his control.

Section 28 - Assistant Director of Education (Islamic)

The Assistant Director of Education (Islamic) is required to inspect Madrasas and to advise the Director of Public Instruction, Bihar on all questions affecting education in Persian and Arabic. He is required to be on tour outside his headquarters for not less than 150 days in each official year. He is empowered to publish in the Gazette the annual list of recognised Madrasas under his control. He is empowered to appoint menials under his control, to grant them leave, and to punish, suspend, degrade or dismiss them.

Section 29 - Administrator, Vaishali Rural Institute, Turki

The Administrator is the officer in the over-all charge of educational development of Turki-cum-Vaishali Development Area. The Deputy Superintendent and Local Organisers assist the Administrator in the educational development of Turki-cum-Vaishali Area.]

Section 30 - Rural Institute for Higher Studies, Birauli

Memorandum of Association of the Rural Institute (Birauli) Society

In the matter of the Societies Registration Act (Act XXI of 1860) being an Act for the registration of Literary, Scientific and Charitable Societies.

And

In the Matter of the Rural Institute (Birauli) Society hereinafter referred to as the "Society".

Memorandum of Association.

1.        The name of the Society is the "Rural Institute (Birauli) Society".

2.        The Registered Office of the Society shall be situated at Birauli, in the district of Darbhanga (Bihar) in such premises as the Governing Body may decide from time to time.

3.        The objects for which the Society is established are :-

(i)       To take over from Government of Bihar and to carry on the administration and management of the Rural Institute of Higher Studies at Birauli, hereinafter called the "Institute", the functions of which shall be:-

(a)      to provide higher education to rural youth in a rural setting and inculcate in him the spirit of service to the community, and live for the rural way of life;

(b)      to develop a pattern of education comparable in standards with University education, but oriented to rural conditions and needs so as to produce a person of broad vision capable of providing leadership in specialised spheres of rural service;

(c)      to train rural youth for careers in the development programmes in rural areas; and

(d)      to serve as community development and planning centre, as an extension agency, and as a demonstration centre for ideas and practices needed to be extended to rural areas;

(ii)      to prepare the students for the examination conducted by the National Council for Rural Higher Education and to make arrangements therefor in accordance with the rules and regulations of the said Council;

(iii)     to fix and demand such fees and other charges as may be laid down by the rules and bye-laws.

(iv)    to establish, maintain and manage, halls, hostels and to provide as such other accommodation as are necessary for the residence of the students, to supervise and control the residence, and to regulate the discipline of students of the Institute and to make arrangements for the promotion of their general health, welfare, and cultural and community life;

(v)      to appoint teaching and other staff in vacancies in the existing posts, to grant extension of service to the staff and to impose penalties on such members of staff;

(vi)    to create, with approval of the Government of Bihar, teaching, administrative, technical, ministerial and inferior posts and to make appointments thereto in accordance with the rules;

(vii)   to subscribe to, or become a member of, or to co-operate with any other association, or society whose objects are similar wholly or partly to the objects of the Society, or the promotion of which may be conducive to the attainment of the objects of the Society;

(viii)  to undertake the publication of such books, periodicals and other literature, as may be necessary for the furtherance of its objects;

(ix)    to institute and award fellowships, scholarships, prizes and medals in accordance with rules;

(x)      to make rules for the conduct of the meetings and affairs of the Society and to add, to amend, or rescind them from time to time as circumstances demand;

(xi)    to acquire by gift, purchase, lease or otherwise any property, movable or immovable which may be necessary for the purposes of the Society and to construct, alter and maintain any building or buildings for the purposes of the Society;

(xii)   to execute conveyances, transfer of Government securities, re-conveyances, mortgage, leases, bonds and agreements in respect of property, movable or immovable, belonging to the Society, or to be acquired for the purposes of the Society;

(xiii)  to deal with any property belonging to, or vested in the Society in such manner as the Society may deem fit for advancing its functions;

(xiv)  to receive grants, subscriptions, donations, for the purposes of the Society;

(xv)   to maintain a fund to which shall be credited-

(a)      all monies provided by the Government of Bihar and the Government of India;

(b)      all fees and other charges received by the Society;

(c)      all monies received by the Society by way of grants, gifts, donations, benefactions, bequests, or transfers; and

(d)      all monies received by the Society in any other manner from any other source;

(xvi)  to deposit and invest all monies, belonging to the fund, in such manner as may be approved by the Government of Bihar;

(xvii) to make, draw, accept, endorse and negotiate respectively promissory notes, bills, cheques and other negotiable instruments;

(xviii)   to meet expenses of the Society;

(xix)  to maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the balance sheet in such form as may be prescribed in the rules;

(xx)   to forward annually to the Government of Bihar and the Government of India, the accounts of the Society and certified by auditor of Finance Department of the Government of Bihar;

(xxi)  to constitute such committee, or committees as the Society may deem fit;

(xxii) to delegate all, or any of its powers to any member of committee constituted by it;

(xxiii)   to enter into any agreement for and on behalf of the Society;

(xxiv)   to use and defend all legal proceedings on behalf of the Society;

(xxv)to appoint, in order to execute any instrument or transaction any business of the Society, any person as attorney of the Society with such powers as it may deem fit;

(xxvi)   to do all such other acts, or things as may be requisite in order to further the objects of the Society.

4.        (a) The institute and other programmes conducted by the Society shall be open to persons of either sex, and of, whatever race and creed, cast or class and no test, or condition shall be imposed as to religion, belief of profession in admitting, or appointing members, students, teachers, workers, or in any other connection whatsoever.

(b) No benefication shall be accepted by the Society which in its opinion, involves conditions, or obligations, opposed to the spirit, or object of this rule.

5.        (a) No property of the Society, shall be disposed of in any manner whatsoever without the previous approval of the Government of Bihar.

(b) No property created partially or wholly out of the Government of India grants can be sold, transferred, or encumbered in any way without the prior approval of the Government of India.

(c) The property created out of the Government of India grants, will be utilised only for the purpose for which the grants have been made.

6.        The Society shall employ all members of the teaching staff and other servants of the Government of Bihar, who immediately before the registration of the Society, were employed in the Institute, on such terms and conditions' as may be decided by the State Government.

7.        (a) On the registration of the Society, the Institute and attached hostels, and other buildings, forming part of the Institute and the hostels together with all lands appurtenant thereto and articles of furniture, libraries, books, laboratories, stores, instruments, apparatus, appliances and equipments, shall be deemed to have been transferred to the maintenance and to control of the Society.

(b) The buildings intended for the residence of officers and their servants of the Institute, together with all lands, appurtenant thereto, including fixtures, electric and sanitary fittings and water connections, shall on the (registration of the Society be deemed to have been transferred to the maintenance and control of the Society.

(c) Until arrangements are made by the Society, the Government of Bihar shall continue to be responsible for keeping the aforesaid buildings, including all fixtures, fittings and connections, in a proper state of repairs.

8.        (a) The Government of Bihar may, at any time, appoint one, or more persons to review the work and progress of the Society, or the Institute and to hold an enquiry into the affairs thereof and to report thereon, in such manner as the Government of Bihar may stipulate. Upon the receipt of such report, the Government of Bihar may, in consultation with the Government of India, take such action and issue such directions as they may consider necessary and the Society shall be bound to comply with such directions.

(b) Notwithstanding anything contained in Para (a) above, the Institute shall be open for inspection by an officer of the Government of India, or any other officer deputed by them.

9.        In case the Government of Bihar, is satisfied that the Society, or the Institute, is not functioning properly, the Government of Bihar shall have the power to take over the administration and assets of the Institute, with the prior approval of the Government of India.

10.     If in winding up, or dissolution of the Society, there shall remain, after the satisfaction of all its debts and liabilities, any property whatsoever, the same shall not be distributed among the members of the Society, or any of them but shall be dealt with in accordance with the decisions of the Government of India and the Government of Bihar.

11.     The Society shall be the Governing Body of the Institute.

12.     The names and addresses and occupations of the first members of the Society, to whom, by rules and regulations of the Society, the management of its affairs is entrusted, are :-

13.     A copy of the Rules of the Society, certified to be a correct copy of three members of the Governing Body, is filed alongwith the Memorandum of Association.

14.     We, the several persons whose names and addresses are given below, having associated ourselves for the purposes described in this Memorandum of Association, do hereby subscribe our names to this Memorandum of Association and set out several respective hands hereunto and form ourselves into a society under Act XXI of 1860.

Section 31 - Superintendent of Libraries, Bihar

Subject to the control of the Director, the Superintendent of Libraries is directly responsible for the administration of all kinds of libraries in the State including the State Central Library of which he is the ex-officio Chief Librarian. He is competent to make appointments to the posts of librarians in the State Libraries, District Central Libraries, and circulating libraries in the State. The Superintendent of Libraries will exercise all powers ordinarily exercised by an appointing authority in respect of the libraries.

Section 32 - Superintendent, State After-Care-Homes

The Superintendent, State After-Care-Homes enjoys full powers-

(1)     to appoint in respect of all posts of class IV whose maximum pay excluding cost of living allowance does not exceed Rs. 35/- a month as sanctioned under the scheme;

(2)     to grant leave as described against item 18 of Appendix i, to Bihar Service Code, to all class IV Government servants under his/her control;

(3)     to grant casual leave to all staff under his/her control;

(4)     to sanction purchase of such articles as approved by Government at a cost not exceeding Rs. 20/- on each item;

(5)     to pass his/her own pay bills and those of his/her establishment and contingent bills as also travelling allowance bills of his/her staff except his/her own travelling allowance bills which will be countersigned by the Director of Public Instruction, Bihar;

(6)     to sanction supply of livery at the rate of Rs. 6/- per year per head as provided for in Annexure B of the Financial Rules, Volume 2;

(7)     to grant permission to his/her staff to have headquarters during holidays and Sundays;

(8)     to make payment of maintenance cost of the State After Care Homes, within the scales and ceilings prescribed under the sanctioned scheme.

Section 33 - State After Care Homes at Patna and Muzaffarpur

The State After Care Home, for women at Patna and the State After Care Home for men at Muzaffarpur are under the administrative control of the Inspectress of Schools, Bihar, Patna and the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur.

(1)     Functions. -

The functions of the Inspectress/Regional Deputy Director of Education in respect of the After Care Home for women at Patna and After Care Home for women at Muzaffarpur, will be-

(i)       Inspection and supervision;

(ii)      administration and organisation;

(iii)     Advisory.

(2)     Duties. -

The Inspectress/Regional Deputy Director of Education is empowered to inspect the After Care Home for women at Patna/After Care Home, Muzaffarpur and may submit her/his inspection reports with recommendation to the Director of Public Instruction, Bihar.

The Inspectress/Regional Deputy Director of Education is responsible for the efficient administration of the After Care Home. She/he is required to inspect the institution at least once in a year.

The Inspectress/Regional Deputy Director of Education is responsible for ensuring that the Departmental regulations and curricular are strictly followed and accounts correctly kept, discipline properly maintained and administration of the Home is carried on efficiently.

(3)     Powers delegated to the Inspectress/Regional Deputy Director of Education. -

The Inspectress/Regional Deputy Director of Education is empowered -

(a)      subject to the provisions of article 32 of the Education Code, to make appointments to all sanctioned posts of class III, the maximum pay of which does not exceed Rs. 190 on the recommendations of the Managing Committee;

(b)      to make appointments to ministerial posts on initial monthly salary sanctioned for the posts not exceeding Rs. 80;

(c)      to make justifiable appointments of teachers and matron out of the list of suitable candidates prepared by a Selection Board;

(d)      to grant casual leave to the Superintendent of the Home in accordance with the rules in the Bihar Service Code and other circulars;

(e)      to grant leave as described against item 18 of Appendix I to the Bihar Service Code to all class III Government servants (including ministerial staff) of the State After Care Home, drawing pay not exceeding Rs. 100; to require medical certificate of fitness before return from leave in the case of such officers granted leave for reasons of health;

(f)       to suspend and impose punishment including withholding of increment other than reduction in rank, removal or dismissal, in accordance with rules in force, in regard to officers under her/his control drawing salaries not exceeding Rs. 190;

(g)      to transfer grade IV servants from the State After Care Home to other offices under her/his control and vice versa;

(h)     to transfer officers drawing Rs. 190 or less from the State After Care Home to other offices under her/his control and vice versa;

(i)       to countersign the Travelling Allowance Bills of the Superintendent, State After Care Home;

(j)       to submit indents for forms and envelops direct to the Superintendent of Government Printing at Gaya;

(k)      to submit indents for stationery articles direct to the Superintendent, Stationery Stores and Publications at Gulzarbagh, Patna;

(l)       to dispose of petitions of complaints etc., received from the inmates against the mal-administration of the Homes;

(m)    subject to the budget provision, to sanction expenditure on purchase of items of contingency including special contingency up to a limit of Rs. 100 for each item.

Section 34 - Education Literature Officer

The Education Literature Officer is responsible for the supervision and preparation of books to be prescribed as text-books, books for the Basic Education Board and books for the Social (Adult) Education Board. He is required to work under the instructions of the different Boards for the books concerning those Boards and prepare such general educational literature and pamphlets as are required from time to time.

Section 35 - Education Publication Officer

The arrangement for the printing and publication of the manuscripts prepared by the Educational Literature Officer under instructions from the various Boards is the responsibility of the Educational Publication Officer. He is required to keep himself in touch with various Presses in Patna and outside, make arrangements for the adequate supply of paper and materials, settle terms with the presses with the approval of the Chairman, Text-Book and Education Literature Committee, arrange for the machinery for the sale and, in general, look after the business side of the publication of all educational books. He is not competent to place orders for the supply of papers, other materials and for the printing of the books except with the explicit order of the Chairman, Text-Book and Education Literature Committee.

Section 36 - Principal, Government School of Arts and Crafts, Patna

The Principal, Government School of Arts and Crafts, Patna is the academic and executive head of the institution and is responsible for the day-to-day administration of the institution.

Section 37 - Principal, Government College of Health and Physical Education

The Principal is the academic and executive head of the institution. He is responsible for the good and efficient organisation and administration of the college and for the fulfilment of its aims and objectives. He is also the ex-officio Secretary of the Bihar Physical Education Board.

Section 38 - Principal, Netarhat Residential School

The Principal is the academic and executive head of the school. He is responsible for the good and efficient organisation and administration of the school and for the fulfilment of its aims and objectives. He is also the Controlling Officer of the Netarhat Basic School but the inspecting officer of the Department will continue to be responsible for its inspection. He is empowered.-

(i)       to make appointments to all posts carrying a maximum [pay of Rs. 100] per month and below subject to the condition that (i) the appointment should be made on officiating basis pending the approval of the Executive Committee, (ii) the appointment will be on the initial of the [pay-scale] prescribed for the post and subject to the usual rules of being followed in making the appointment;

(ii)      to impose the penalties mentioned in rule 2 of B. and O. Subordinate Services, Discipline and Appeal Rules, 1935 in respect of all such appointments;

(iii)     to select and appoint headmaster from amongst the teachers of the school;

(iv)    to incur expenditure on articles of special contingencies when the total item of charge is up to Rs. 500 or in case of mathematical or scientific instruments or models or workshop equipment or audio-visual education equipments Rs. 1,500 or in case of petty construction and repair Rs. 2,500 for any work;

(v)      to purchase any article of European or American manufacture the cost of which does not exceed Rs. 250 but he will have powers up to Rs. 1,000 (a) when the article is already in India at the time of order or is already on the way out and its price and quality are not unfavourable when compared with those at which similar articles could be obtained from Government Stores, or (6) in cases of emergency or when inconvenience to public service would be caused by waiting to obtain articles through Government Stores or when owing to the greater promptitude of supply, economy can be effected by such purchase;

(vi)    to issue orders for the purchase of articles for petty construction in the manner indicated in items (iv) and (v) above and to pass those bills without getting the approval of the Chairman of the Executive Committee. He shall, however, place before the Executive Committee from time to time a statement of such expenditure incurred by him. In all other cases, he will have to take the approval of the Chairman of the Executive Committee before placing orders for articles for execution and the bills will have to be countersigned by the Chairman of the Executive Committee before payment;

(vii)   to frame the budget of the school each year and get it approved by the Executive Committee of the school in due time for submission to Government. The budget will include all expenditure connected with the school and constructional work of the buildings, water-supply and electrical installation;

(viii)  to vary the details of expenditure provided for each unit of appropriation. He will have to come up to Government for sanction to any re-appropriation of funds from one primary unit to another or for any additional grant over the total amount provided for the school;

(ix)    to countersign the establishment, Travelling allowance and contingent bills of Netarhat Basic School for which the Headmaster is the drawing officer;

(x)      to maintain the character rolls of the teachers including the Headmaster of the Basic School;

(xi)    to be the Controlling Officer for the teachers of the school through the Headmaster and he will inspect the school;

(xii)   to exercise the powers of the District Education Officer in respect of this school subject to the direction and control of Bihar Basic Education Board. The powers of District Education Officer will be exercised by him through a new local committee to be set up for the Netarhat Basic School;

(xiii)  to sanction the construction work and expenditure relating to the school, up to a limit to be approved by the Bihar Basic Education Board;

(xiv)  to carry on correspondence with the Regional Deputy Director of Education and Deputy Director of Education (Basic) direct on matters concerning this school.

Section 39 - Admission

Admission to Netarhat Residential School is based on a competitive examination held on State basis with reserve seats for the Scheduled Castes, Scheduled Tribes and Backward classes.

Section 40 - Candidates Eligible

All boys who are not less than 10 or more than 12 years of age on the 1st August, and who are prosecuting their studies in any type of school or even privately at home are eligible to take the test, provided their parents are permanent residents of Bihar.

Section 41 - Application

All boys seeking admission into the school are required to submit their applications in the prescribed form on such date, as may be fixed by the Deputy Inspector of Schools of the area concerned accompanied with an examination fee of Rs. 2 only. In case of Scheduled Castes and Scheduled Tribes, the rate of examination fee is only Re. 1.

Section 42 - Preliminary written text

The preliminary written text will be held in the following papers-

The standard of ability expected is approximately that of VII class of the Government High Schools.

Section 43 - Descriptive Rolls

The Deputy Inspectors of Schools shall submit in the duplicate, the descriptive rolls bound in register form of all candidates to the Registrar of Examinations, Bihar.

Section 44 - Examination

The competitive examination for admission will be conducted by the Principal, Netarhat School and the Registrar of Examinations, Bihar will assist him in circulating the information about the examination through the departmental agencies among all the Elementary schools and High schools in the State. The Principal will be responsible for appointing paper setters, head-examiners, and co-examiners and for publishing the examination and the examination results.

Section 45 - First Selection of Candidates

The number of candidates to be selected as the result of the test shall not ordinarily be less than four times of the number of vacancies available.

Section 46 - Second Test

The candidates selected at the preliminary test will be further tested at the Divisional headquarters by the Directorate of Educational and Vocational Guidance, Bihar. These very candidates will at the same place and about the same time appear before an Interview Board consisting of the Principal, Netarhat School as Chairman and the Counsellor and a senior psychologist nominated by the Government. This test will be designed to ascertain the intelligence and potentiality of the candidates.

Section 47 - Final Selection

The final selection shall be made by the Principal on the basis of the total marks secured by the candidates in both the tests and the interview, subject to their medical fitness.

Section 48 - Reservation of seats for Scheduled Castes and Scheduled Tribes

Provided suitable candidates are available, 11 per cent of the seats shall be reserved for Scheduled Castes and Schedule Tribes and 4 per cent for the backward classes.