BIHAR
STATE UNIVERSITY SERVICE COMMISSION ACT, 2017 THE BIHAR STATE UNIVERSITY
SERVICE COMMISSION ACT, 2017 [Act No. 21 of 2017] An Act to provide for the
constitution of the Bihar State University Service Commission for appointment
to the post of teachers in the universities and constituent colleges of the
State of Bihar. Be it enacted by the Legislature of the State of Bihar in the
sixty eighth Year of the Republic of India as follows:- (1)
This Act may be called the
Bihar State University Service Commission Act, 2017. (2)
It shall extend to the
whole State of Bihar. (3)
It shall come into force
on such date as the State Government may fix by notification in the official
Gazette. In this Act, unless otherwise requires in the subject or context- (i)
'Act' means the Bihar
State University Service Commission Act; 2017; (ii)
'Chairman' means the
Chairman appointed under Section 4 of the Act; (iii)
'Constituent College'
means a teaching institution maintained or controlled by the university or
State Government in which education of graduation and above in given; (iv)
'Institution' means
Institution maintained or recognised by the university; (v)
'Prescribed' means
prescribed under this Act or Rules or Regulations made there under; (vi)
'Teacher' means,
Professor, Associate Professor and Assistant Professor imparting instruction in
department, college or institute maintained by the university or constituent
college; (vii)
'Professor" means a
teacher of a college or university duly appointed or promoted by the competent
authority as per the University Grants Commission Regulations/directives or
statutes made by the State Government; (viii)
'Associate Professor' means
a teacher of a college or university duly appointed or promoted by the
competent authority as per the University Grants Commission
Regulations/directives or statutes framed by the State Government; (ix)
'Assistant Professor'
means a teacher of a college or university duly appointed or promoted by the
competent authority as per the University Grants Commission
Regulations/directives or statutes made by the State Government; (x)
'University' includes
university established under Bihar University Act, 1976 or Patna University
Act, 1976 or any other university to be established in future under any other
legal provision but it does not include law, medical, technical teaching
universities; (xi)
'Government' means State
Government of Bihar; (xii)
'Department' means
Education Department; (1)
The State Government
shall, by a notification published in the official gazette, set up the Bihar
State University Service Commission (hereinafter referred to as Commission), (2)
The Commission will be a
body corporate, having its head office in Patna, which will have perpetual
heritance and its common seal and may sue or may be sued in the said name, (1)
The Commission will
consist of a Chairman and maximum six members and they shall be whole time, (2)
The Chairman and the
members of the Commission shall be appointed by the State Government as per the
prescribed procedure for the period of three years from the date of the
notification: Provided that the Maximum age (Retirement) for the post of
Chairman shall be 72 years and 70 years (Retirement) for the members. The Chairman and the members shall be eligible for reappointment
after expiry of tenure of three years, subject to age restriction as provided
above. (3)
The senior most Member of
the commission shall be empowered to function as chairman in case of any casual
vacancy occur to the post of chairman (1)
A person to be appointed
to the post of Chairman shall be a person working or retired from the
equivalent post of the Chief Secretary of the State Government or person
working or retired from the equivalent post of Secretary to Government of India
or shall be a person having experience of Vice Chancellor of any university or
an eminent academician. (2)
Out of six members,
minimum half of the members shall be University Professor having at least five
years experience as University Professor and half of the members shall be
working or retired officers of State Government not below the rank of Joint
Secretary or working or retired officers of equivalent rank of Central
Government. (1)
The Chairman or member of
the Commission may, by request letter in writing under his hand and addressed
to State Government, resign his office which shall come in to force on being
accepted by the State Government: Provided that if the acceptance of resignation is not communicated
within fifteen days from the date of its receipt, it shall be deemed to have
been accepted. (2)
The Chairman and members
shall be removed from the commission if he/she. (a)
is adjudged an insolvent;
or (b)
engage herself/himself in
any employment during duties of her/his office; or (c)
she/he is in the opinion
of the Government, unfit to continue to the office due to mental and physical
incapacity or on indulging in any act of omission or commission detrimental to
the interest of the commission. Provided, that the Chairman and members of the Commission will not
be removed from the office on the ground of proved misconduct or misbehavior
without an enquiry made in the manner prescribed under the rules so that such
misconduct or misbehavior may be proved. (1)
There shall be a secretary
of the Commission, who shall be a full time officer. (2)
The Secretary of the
Commission shall be appointed from amongst the officers of Bihar Administrative
Service who is in the pay scale of at least Joint Secretary in the State
Government. The Commission will make recommendations for the appointment of
teachers in the Universities and Constituent Colleges of Bihar as prescribed
under the Patna University Act, 1976 (Bihar act 24, 1976) and the Bihar State
University Act, 1976 (Bihar Act 23, 1976) and in respect of appointment of
teachers and it shall discharge such functions for the appointment of teacher
as prescribed for the Commission, under the said Acts and the Statutes made
there under. The state government, by notification in official gazette, may
make rules for appointment/service conditions of the
Chairman/Members/Secretary/Officers/staffs of the Commission and for carrying
out objects and purposes of this act, including for any other matter which has
to be or may be prescribed. (1)
The Commission may frame
regulation for regulating its work and procedure including for the process of
selection of eligible candidate. (2)
The Regulation made by the
Commission shall come in force only after prior approval of the State
Government. (1)
After this Act comes in to
force, the power of Bihar Public Service Commission for the appointment of
teachers of the Universities and constituent colleges under the Bihar State
Universities Act, 1976 and the Patna University Act, 1976 shall be deemed to be
repealed. (2)
Notwithstanding such
repeal, anything done or any action taken on the recommendation of Bihar Public
Service Commission under the Bihar State Universities Act, 1976 and under the
Patna University Act, 1976 shall be deemed to have been done or taken under
this Act as if this Act was enforced on the day on which such thing was done or
such action was taken.
Preamble
- BIHAR STATE UNIVERSITY SERVICE COMMISSION ACT, 2017PREAMBLE