BIHAR STATE UNIVERSITIES (AMENDMENT) ACT, 1993

Preamble - BIHAR STATE UNIVERSITIES (AMENDMENT) ACT, 1993

 

THE BIHAR STATE UNIVERSITIES (AMENDMENT) ACT, 1993

[Act No. 17 of 1993][1]

PREAMBLE

An Act to amend the Bihar State Universities Act, 1976.

Be it enacted by the Legislature of the State of Bihar in the Forty-fourth Year of the Republic of India as follows:-

Section 1 - Short title and Commencement

 

(1)     This Act may be called the Bihar State Universities (Amendment) Act, 1993.

 

(2)         It shall come into force at once except Section 14 of this Act which shall be deemed to have come into force with effect from 9th February, 1993.

Section 2 - Amendment of Section 2 of Bihar Act, 23 of 1976

 

In the Bihar State Universities Act, 1976 (Bihar Act, 23, 1976) (hereinafter referred to as the said Act), in Section 2-

 

(i)       Clause (p) shall be deleted.

 

(ii)      After Clause (am) the following new clause shall be added, namely:-

 

"(an) 'other Backward Classes' shall have reference to Extremely Backward, Backward Classes and Women of Backward Classes."

Section 3 - Amendment of Section 6 of Bihar Act 23 of 1976

 

In the said Act for clauses (ii) and (iii) of sub-section (5) of Section 6, the following clauses shall be substituted, namely:-

 

"(a) 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."

Section 4 - Amendment of Section 12 of Bihar Act 23 of 1976

 

In Section 12 of the said Act, sub-sections (3) and (4) shall be re-numbered as sub-sections (4) and (5) respectively, and sub-section (3) shall be inserted, as follows:

 

"(3), Where the person appointed as Pro-Vice-Chancellor gets pension from the Central or the State Government or any University or from Government or any University or from any other source, the amount of pension due to him from such source shall be deemed to be the part of his salary as Pro-Vice-Chancellor."

Section 5 - Amendment of Section 18 of Bihar Act 23 of 1976

 

In Section 18 of the said Act:-

 

(i)       In Clause (4) the words "Education Commissioner, Bihar" shall be substituted by the words Commissioner and Secretary, Higher Education."

 

(ii)      Clause (14) shall be substituted by the following, namely:-

 

"(14) Ten 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 from Scheduled Castes, one from Scheduled Tribes and three from other Backward Classes;"

 

(iii)     Clause (16) shall be substituted by the following, namely:-

 

"(16) Fifteen teachers other than Deans, Principals and Heads of University Departments having not less than five years' teaching experience, to be elected by and from amongst the teachers of the colleges and the University Departments, two of whom shall be from Scheduled Castes, two from Scheduled Tribes and three from other Backward Classes;"

 

(iv)    Clause (25) shall be substituted by following namely:-

 

"(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;"

 

(v)      After clause (26) a new clause shall be added, namely:-

 

"(27) Ten persons to be nominated by the State Government who are known for their academic interest, one of whom shall be from Scheduled Castes, one from Scheduled Tribes and three from other Backward Classes."

Section 6 - Amendment of Section 19 of Bihar Act 23 of 1976

 

Section 19 of the said Act shall be renumbered as such-section (i), and the following new sub-section shall be added, namely:-

 

"(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."

Section 7 - Amendment of Section 22 of Bihar Act 23 of 1976

 

In Section 22 of the said Act-

 

(i) In place of sub-section (1) the following shall be substituted, namely:-

 

(1)     The Syndicate shall be the Executive Council of the University and it shall consist of the following members:-

 

(a)      Vice-Chancellor;

 

(b)      Pro-Vice-Chancellor;

 

(c)      Commissioner-cum-Secretary of Higher Education or his representative not below the rank of the Joint Secretary;

 

(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 Principles of Colleges maintained by the University, to be nominated by rotation as prescribed by the statutes, whose term of office shall be for one year from the date of nomination;

 

(h)     Two from amongst professors and Readers of the University other than the University Heads of Departments and two 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 Readers, and one 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 from Scheduled Castes/Scheduled Tribes and one from the Other Backward Classes:

 

(j)       One reputed educationist nominated by the Chancellor;

 

(k)      Three persons to be nominated by the State Government of whom shall be from Scheduled Castes/Scheduled Tribes/Other Backward Classes and one from women having academic interest and in social work elected in aforesaid manner."

 

(ii) After sub-section (3) the following new sub-section shall be added, namely:-

 

"(4) The Syndicate shall have perpetual succession and any of its acts of proceedings shall not be invalid merely because of any vacancy or vacancies in its membership."

Section 8 - Amendment of Section 26 of Bihar Act 23 of 1976

 

In clause (ii) of subsection (6) of Section 26 of the said Act, for the words 'Bihar Public Service Commission' the words 'Bihar State University (Constituent Colleges) Service Commission' shall be substituted.

Section 9 - Amendment of Section 35 of Bihar Act 23 of 1976

 

In the said Act, after sub-section (2) of Section 35, the following new sub-section shall be added, namely:-

 

"(3) Any appointment or promotion made contrary to the provisions of this Act, or Statutes, Rules or Regulations made there under 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 Demand Recovery Act, 1914."

Section 10 - Amendment of Section 45 of Bihar Act 23 of 1976

 

In the said Act, in Section 45 for sub-section (1) save and except clauses (a), (b), (c), (d), (e) and (f) of sub-section (1) the following shall be substituted, namely:-

 

"(i) There shall be a Fund in the name of the Universities 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:-

Section 11 - Amendment of Section 57 of Bihar Act 23 of 1976

 

In Section 57 of the said Act:-

 

(i) For sub-section (2) the following shall be substituted, namely:-

 

"(2)  (a) The Bihar State University (Constituent Colleges) Service Commission shall invite subject-wise applications for appointment of teachers in the Universities, and on the basis of examination and interview held shall prepare subject wise Merit List of candidates for appointment against vacancies in all the Universities and its Colleges. The list so prepared shall be valid for a period of one year from the date of its approval by the Commission. The subject wise merit list shall consist of one and half times the number of vacancies notified by the Commission. The vacancies including the likely vacancies in the next calendar year Alongwith its reservation roster shall be intimated to the Commission by the Universities by 31st of December every year. The Commission shall recommend names from the merit list in conformity with the reservation roster prepared and sent by the Universities in accordance with the law relating to reservation appointments in force in the State. Such name shall be recommended to the Universities in order of preference of the candidates, to the extent possible.

 

(b) ?The Officers of the Universities, unless otherwise expressly provided under this Act, shall be appointed from the list recommended to the Universities by the Commission as provided in clause (a).

 

(ii) After sub-section (4) the following new sub-section shall be added, namely:-

 

"(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.

Section 12 - Amendment of Section 58 of Bihar Act 23 of 1976

 

In Section 58 of the said Act:-

 

(i)       In sub-section (2) clause (d) shall be deleted and clause (e) shall be renumbered as clause (d).

 

(ii)      In sub-section (3), clause (a) shall be deleted and clause (b) shall be remembered as sub-section (3).

 

(iii)     For sub-section (1) the following shall be substituted namely: -

 

"(4) Appointment to the posts of teachers and officers shall be made on the recommendation of the Commission unless otherwise provided under the Act."

 

(iv)    After sub-clause (3) of Clause (a), of sub-section (9), the following new sub-clause shall be inserted, namely:-

 

"(4) A member of the Scheduled Castes/Scheduled Tribes/Other Backward Classes having academic interest, to be nominated by the State Government-Member.*

 

(v)      After sub-section (9), the following new sub-section shall be added, namely:-

 

"(10) Notwithstanding to the contrary contained in this Act or Statute, Rules or Regulations made there under promotion given on temporary basis to the post of Reader or Professor or Officer of the University shall not be valid for a period exceeding six months unless recommended by the Bihar State University (Constituent Colleges) Service Commission."

Section 13 - Amendment of Section 61 of the Bihar Act 1976

 

In the said Act for Section 61 the following shall be substituted, namely:-

 

"61. Enrolment of students in the 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 recognised by the University.

 

(2)     The State Government may determine the maximum number of seats for enrolment of students in the Faculties and Departments of the University and the colleges under its jurisdiction and the directions issued thereto shall be binding on the University.

 

(3)         The State Government may by 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 14 - Amendment of Section 67 of Bihar Act, 23 of 1976

 

In the said Act, for clause (a) of Section 67, the following shall be substituted, namely:-

 

(a)      "Notwithstanding anything to the contrary contained in any Act, Rules or any judgment or decree of a Court, the date of 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 non-teaching employee (other than the inferior servants) shall be the date on which he attains the age of sixty 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 sixty-two years;

 

Provided further that 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 teachers after retirement may be made in appropriate cases up to the age of sixty-five years in the manner laid down in the Statutes made in this behalf in accordance with the guidelines of the University Grants Commission."

Section 15 - Insertion of a new Section in Bihar Act 23 of 1976

 

In the said Act, after Section 70A the following new Section shall be inserted, namely:-

 

"70-B. Appointment and transfer of Officers, teachers and servants

 

(1)     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:-

 

(a)      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.

 

(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 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 by the officer or teacher or other servant of the University to be adversely affected by such transfer, to make a representation and he heard;

 

Provided further that any officer or teacher or other servant reapportioned 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 servant 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 their 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."

Section 16 - 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)     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, 1993, shall not be affected.