BIHAR STATE UNIVERSITY (AMENDMENT) ACT, 2008

Preamble - BIHAR STATE UNIVERSITY (AMENDMENT) ACT, 2008

 

THE BIHAR STATE UNIVERSITY (AMENDMENT) ACT, 2008

[Act No. 16 of 2008][1]

PREAMBLE

An Act to amend the Bihar State Universities Act, 1976 (Bihar Act 23, 1976)

Be it enacted by the Legislature of the State of Bihar in the fifty ninth 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, 2008.

(2)         It shall come into force at once.

Section 2 - Substitution of Section 18 (17) of the Bihar Act, 23, 1976

In the said Act the Section 18 (17) shall be substituted by the following:-

"(17)- The Bihar State lawyer's association shall be substituted by Bihar State Bar Council."

Section 3 - Substitution of Section 26(6) (ii) of the Bihar Act, 23, 1976

In the said Act the Section 26(6)(ii) shall be substituted by the following:-

"(ii)- subject to the provisions of this Act and the provisions of the statute made there under the Head of the Department shall be appointed by the Vice-Chancellor by observing, as far as possible, the principle of rotation. Such appointment's shall be reported to the Syndicate of the University."

Section 4 - Addition of a Section 26 (6) (iii) and 26 (6) (iv) of the Bihar Act 23, 1976

The following new clauses (iii) and (iv) shall be Added after Section 26 (6) (ii) of the Bihar State University Act, 1976 (Bihar Act, 23, 1976),

"(iii) The Head of the Department shall hold office for a period of three years. A person shall not ordinarily be appointed as Head of the Department for a second consecutive term."

"(iv) The principal shall hold office for a maximum period of five years in one college."

Section 5 - Substitution of Proviso in Section 36(6) of the Bihar Act, 23, 1976

The Proviso shall be substituted by the following to Section 36(6) of the Bihar Act 23, 1976:-

"Provided that if there be any financial implication which may arise under the statute, it shall not be enforceable unless prior approval of State Government has been obtained."

Section 6 - Addition of a New Section 36 (7) of the Bihar Act, 23, 1976

 

The following new sub-section (7) shall be Added after Section 36(6) of the Bihar State University Act, 1976 (Bihar Act, 23, 1976):-

 

"(7) Notwithstanding anything contained in the above clause, if at any time, the Chancellor is satisfied that it is necessary to frame Statute of any subject of common interest, after obtaining the advice of the Committee of the Vice-Chancellors constituted by the Chancellor, shall send the Draft Statute to all the Vice-Chancellors for opinion, who shall send their opinion within ten days from the receipt of draft. The Chancellor shall give assent to the Statute with such amendment as he may deem necessary in the light of the opinion of the Vice-Chancellors. The Statute shall be deemed to come into force in the Universities from the date of assent:

 

Provided that the State Govt. may also suggest the Chancellor to frame Statute of any subject of common interest of all the Universities."

Section 7 - Addition of new Proviso in Section 38(3) of the Bihar Act, 23, 1976

 

  The following new Proviso shall be added to Section 38(3) of the Bihar Act 23, 1976:-

 

"Provided that any ordinance having financial implication shall not be enforceable unless prior approval of State Government has been obtained."

Section 8 - Addition of new Proviso in Section-39 (2) (ii) of the Bihar Act, 23, 1976

 

  The following new Proviso shall be added to Section 39(2)(ii) of the Bihar Act 23, 1976:-

 

"Provided that any regulation having financial implication shall not be enforceable unless prior approval of State Government has been obtained."

Section 9 - Substitution of Section 57 (1) (4) of the Bihar Act, 23, 1976

 

In the said Act the Section 57(1)(4) shall be substituted by the following:-

 

"(4) "Three experts not connected with the University to be nominated by the Vice-Chancellor from a panel of not less than ten names approved by the Academic Council for each post out of which, at least one member should belong to Scheduled Caste/Scheduled Tribes and two members shall be from out-side the State. The Academic Council shall send name of not less than two members belonging to Scheduled Caste/Scheduled Tribes category."

Section 10 - Addition of Proviso in Section 57(1) of the Bihar Act, 23, 1976

 

The following new Proviso shall be added to Section 57(1) of the Bihar Act, 23, 1976:-

 

"Provided that if there is no representation of Woman or extremely backward class (Schedule-1) or both in the selection committee then it may be open to the State Government to nominate additional members from amongst Woman or extremely backward class (Schedule-I) or both as the case may be."

Section 11 - Addition of a Provision in Section 57(A) (1) of the Bihar Act 23, 1976

 

The following new proviso shall be Added after Section 57 (A) (1) of the Bihar State University Act, 1976 (Bihar Act, 23, 1976):-

 

"Provided that the Governing Bodies of affiliated minority colleges based on religion and language shall appoint, dismiss, remove or terminate the services of teachers or take disciplinary action against them with the approval of the Selection Committee of the University."

Section 12 ? Saving

 

Notwithstanding substitution of Section 18(17), 26(6)(ii), Proviso in Section 36(6) and 57(1)(4) of the Act, anything done or decision or action taken or shall be deemed to have been validly taken and shall not be open to question on the ground of substitution of Section 18(17), 26 (6) (ii), proviso in Section 36(6) and 57 (1) (4) of the Act.