PATNA UNIVERSITY ACT, 1917

Preamble - PATNA UNIVERSITY ACT, 1917

 

THE PATNA UNIVERSITY ACT, 1917[[1]]

[Act No. 16 of 1917]

[18th September 1917]

PREAMBLE

An Act to establish and incorporate a University at Patna.

Whereas it is expedient to establish and incorporate a University at Patna, to be known as the Patna University; it is hereby enacted as follows :--

Section 1 - Short title and commencement

 

(1)     This Act may be called the Patna University Act, 1917.

 

(2)         It shall come into force on such date[[2]] as the [[3]] [Central Government] may, by notification in the [[4]][Official Gazette], direct.

Section 2 - Definitions

 

In this Act, unless there is; anything repugnant in the subject or context,--

 

[[5]] .[" College " means an institution admitted to the University in accordance with the provisions of this Act and the Regulations] ;

 

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" Regulations " means Regulations for the time being in force of the University;

" Senate " means the University Senate;

'' Syndicate '' means the university Syndicate;

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"University" means the patna University.

Section 3 - Incorporation.--

 

(1)     The first Chancellor and Vice-Chancellor of the University, and the first members of the Senate, and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of the Patna University .

 

(2)     The Patna University shall have perpetual succession and a common seal, and shall sue and be sued by the said name.

 

(3)         The University shall be deemed to have been incorporated for the purposes, among others, of making provision for imparting education, of promoting original research. of examining students and conferring degrees, of admitting educational institutions to its privileges, [[9]] [and of inspecting the colleges and supervising all matters of education and discipline therein].

Section 4 - Authorities and officers of the University

 

The following shall be the authorities and officers of the University :--

 

(i)       the Chancellor;

 

(ii)      the Vice-Chancellor;

 

(iii)     the Senate;

 

(iv)    the Syndicate;

 

(v)      the Registrar; and

 

(vi)       such other authorities and officers as the Regulations may declare to be authorities or officers of the University.

Section 5 - The Chancellor

 

[[10]][(1) The Governor of Bihar for the time being shall be the Chancellor.]

 

(2) ?The Chancellor shall, by virtue of his office, be the head of the University, and shall, when present, preside at Convocation of the University convened for the purpose of conferring degrees and for other purposes.

 

(3) ?Every proposal for the conferment of an honorary degree shall be subject to the confirmation of the Chancellor.

 

(4) ?The Chancellor shall finally decide any dispute with regard to the election of any person to be a member of the Senate or Syndicate.

 

[[11]][(5) The Chancellor shall have the right to make an inspection, or to cause an inspection to be made by such person or persons as he may direct, of the University, its building's, laboratories, workshops and equipment and of any institutions associated with the University, and also of the examinations teaching and other work conducted or done by the University and to make an inquiry or to cause an inquiry to be made in like manner in respect or any matter connected with the University. The Chancellor shall in every case give notice to the University of his intention to make an inspection or inquiry or to cause an inspection or inquiry to fee made and the University shall he entitled to be represented thereat).]

 

[[12]] [(6) The Chancellor may by order in writing, annul any proceeding of the University which is not in conformity with this Act and the Regulations :

 

Provided that, before making any such order, he shall call upon the University to show cause why such an order should not be made, and if any cause is shown within a reasonable time, he shall consider the same.]

Section 6 - The Vice-chancellor

 

(1)     The vice-chancellor shall be appointed by the [[13]][State] Government and shall hold office for three years from the date of his appointment, on the expiration of which period, he may be re-appointed from time to time, provided that no such re-appointment shall be for a longer period than two years.

 

(2)     The Vice-chancellor shall, when present, preside at every meeting of any University authority, of which he is a member and at Convocation of the University when the Chancellor is not present.

 

(3)     The vice-chancellor shall appoint and control every[[14]] [**] servant of the University [[15]] [**] whose aggregate emoluments do not exceed two hundred rupees per mensem.

 

(4)         The Vice-chancellor shall have the right of visiting and inspecting the colleges.

Section 7 - The Senate

 

[[16]] [(1) The Senate shall consist of the following Fellows, namely :--

 

CLASS I.-- Ex-officio Fellows

(i)       the Vice-Chancellor;

 

(ii)      the Minister of the Governor of Bihar;

 

(iii)     the Chief Justice of the High Court of Judicature at Patna;

 

(iv)    the Secretary to the Government of Bihar in the Education Department;

 

(v)      the Director of Public Instruction, Bihar;

 

(vi)    the Inspector-General of Civil Hospitals, Bihar;

 

(vii)   the Director of Industries, Bihar,

 

(viii)  the Principals of Colleges in which instruction is given to a degree standard;

 

CLASS II.-- Fellows for life

 

(i)       such persons, not exceeding five in number, as may be appointed by the Chancellor on the ground that they have rendered eminent services to the cause of education;

 

(ii)      all persons who have given, whether in one or more installments, a sum of not less than one lakh of rupees to or for the purposes of the University or of a college;

 

CLASS III.-- Representative Fellows

 

(i)       twenty-six persons to be elected by the teaching staffs of the colleges, of whom one at least shall be elected from and by the teaching staff of each college in which instruction is given to a degree standard;

 

(ii)      five persons to be elected by the graduate teachers of schools in which instruction is given to a standard prescribed by the Regulations;

 

(iii)     twenty-one registered graduates to be elected from and by such registered graduates as are not for the time being included, or who would not on payment of any fee prescribed by the Regulations, be eligible for inclusion in either of the electorates referred to in sub-heads (i) and (ii);

 

(iv)    five persons to be elected by such associations or public bodies and in such number by each such association or body as the Chancellor may direct;

 

(v)      ten persons to be elected . by the members of the Bihar Legislative Assembly from among their own number in such manner as may be prescribed by the Regulations;

 

(vi)    two persons to be elected by the members of the Bihar Legislative Council from among their own number in such manner has may be prescribed by the Regulations ;

 

Provided that the elections under sub-heads (i) and (iii) shall be made subject to such conditions as to the representation on the Senate of all the Faculties of the University as may be prescribed by the Regulations; and

 

Class IV.-- Nominated Fellows

 

not more than seventeen [Fellows to be nominated by the Chancellor subject to the Regulations.]

 

[[17]][(2)] Subject to the provisions of this Act and the Regulations, the Senate shall have the entire management of, and superintendence over, the affairs, concerns and property of the University, and shall exercise all the powers of the University not otherwise provided for.

 

In particular, and without prejudice to the generality of the foregoing power, (i) It shall determine-

 

(a)      what degrees and; diplomas shall be granted by the University;

 

(b)      the courses of study and the duration thereof;

 

(c)      the time in a student's career at which such courses shall be taken;

 

(d)      what subjects or groups of subjects shall be regarded as qualifying for each degree ;

 

(e)      whether any new subject of instruction shall be included in the curriculum of [[18]] [any college] or whether any subject previously taught shall be omitted there from;

 

(f)       whether the standard to which instruction is given in any subject shall be raised or lowered: and (ii) it shall pass the Budget.

 

[[19]] [(3)] Save on a reference made to it by not less than six members of the Syndicate jointly, the Senate shall not have power to review any act of the Syndicate duly done in the exercise of its powers under this Act or the Regulations in respect of any of the following matters :--

 

(a)      the appointment of members of the Faculties and Boards of Studies, the determination of the procedure of such Faculties or Boards and of the quorum of members required for the transaction of business;

 

(b)      the appointment and remuneration of examiners and the determination of their duties and powers;

 

(c)      the award of scholarships and prizes;

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[[21]] [(d)] the prescription of text-books for the courses of study and

 

[[22]] [(e)] the general disciplinary control over the students of the University.

Section 8 - The syndicate

 

[[23]] [(1) The Syndicate shall consist of the following members of the Senate, namely :--

 

(i)       the Vice-Chancellor, ex-officio;

 

(ii)      the Director of Public Instruction, Bihar, ex-officio;

 

(iii)     two Principals and two Professors to be nominated by the Chancellor from four different colleges;

 

(iv)    one officer of the [[24]] [State] Government connected with education to be nominated by the Chancellor; and

 

(v)      twelve members to be elected by the Senate from among its members in such manner as may be prescribed by the Regulations, of whom?

 

(a)      five shall be whole time members of the staff of a college and not more than one shall be elected from any college;

 

Explanation.--A member of the staff of the Prince of Wales Medical College who also works at the Patna Medical College Hospital shall, for the purposes of this sub-clause, be deemed to be a whole-time member of the staff of the Prince of Wales Medical College; and

 

(b)      seven shall be persons who are not members of the staff of any college or any school.]

 

[[25]] [(1a) (i) If an elected member of the Syndicate dies, or resigns, or otherwise ceases to hold office, the Syndicate may appoint to be a member of the Syndicate a person who would be eligible for election to fill the vacancy so' caused;

 

(ii) ?a person appointed to be a member of the Syndicate under clause (i) shall hold office until the next ordinary meeting of the Senate.]

 

[[26]] [(2)] In addition to the matters referred to in section[[27]][7 (3)]. the Syndicate shall determine, subject to the provisions of section [[28]][7(2)] and the Regulations, the standard of proficiency to be required for ordinary degrees, shall control the courses of study,[6][and the examinations and shall be responsible for the supervision and inspection of the colleges].

Section 8A - Proceedings not to be invalidated by casual vacancies

 

[[29]]No act or proceeding of any authority or other body of the University shall be invalidated merely by reason of the existence of any casual vacancy or vacancies among its members.]

Section 9 - Admission of educational intuitions as colleges

 

[[30]][*] No educational institution shall be admitted as a college, unless the following conditions are complied with, namely:--

 

(a)      the admission of the institution as a college has, on application made, and after the Syndicate has recorded its opinion on such application, been approved by the Senate and the [[31]][State] Government; and

 

(b)      all provisions of the Regulations relating to the admission of educational institutions as colleges have been substantially complied with.

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Section 10 - Exclusion of a college from the privileges of the University

 

(1)     Any member of the Syndicate may bring forward a proposal that a college be deprived either in whole or in part, of its privileges

 

(2)     The Syndicate shall, after affording the governing body of the college all reasonable facilities for stating its objections to the proposal, consider the proposal and transmit a copy of its proceedings, including a copy of any representation which may be made by such governing body thereon, to the Senate.

 

(3)     The Senate shall consider the proposal and shall, if it approves the same either with or without; modification, transmit a copy of the proceedings of the Syndicate and of its own proceedings to the [[33]] [State] Government.

 

(4)         The. [[34]] [State] Government, after such further inquiry, if any, as may appear to it to be necessary shall, in so far as it agrees with the opinion of the Senate, express its concurrence therewith, and thereupon, the college shall be deprived of such privileges as the decision of the Senate and the [[35]] [State] Government (which shall be communicated to it) may specify.

Section 11 - Termination of privileges granted by other Universities to educational institutions in Bihar

 

Notwithstanding anything in any oilier law for the time being in force, no University in [[36]][India] other than the Patna University shall, after the commencement of his Act, admit any educational institution in the [[37]] [State] of Bihar [[38]] [* * * *] to any privileges whatever, and any such privileges granted by any such other University to any educational institution in that province prior to the commencement of this Act shall be deemed to be withdrawn on the commencement of this Act :

 

Provided that any educational institution which, in accordance with the provisions of this section, has been deprived of any such privileges shall, notwithstanding the provisions of section 9, be deemed to have been granted the like privileges by the Patna University.

Section 12 - University staff

 

The [[39]] [officers of the University other than the Vice-Chancellor] shall be appointed by the Chancellor after considering the recommendations of the Syndicate and the Senate :

 

Provided that, in the case of a person paid from the funds of the University whose term of appointment does not extend beyond a total period of six months, the appointment shall rest with the Syndicate subject to the sanction of the Chancellor.

Section 13 - Audit of accounts

 

The accounts of the University shall, once at least in every year, and at intervals of not more than fifteen months, be audited by auditors appointed by the [[40]][State] Government, and a copy of the accounts, together with the auditors' report, shall be published in the [[41]][Official Gazette].

Section 13A - Central Board at Patna

 

[[42]](1) There shall be a Central Board at Patna consisting of the Vice-Chancellor, each; Principal of a college at Patna and eight members appointed by the Syndicate from the governing bodies of such colleges, of whom four shall be, and four shall not be, members of the staff of a college.

 

(2) ?The Central Board shall be subordinate to the Syndicate.

 

(3) ?The Central Board shall have the following powers in respect of the colleges at Patna, namely :--

 

(a)      to arrange for inter-collegiate lectures;

 

(b)      to promote the health and the general welfare of the students; and

 

(c)         to promote the corporate life of the students.

Section 14 - Regulations

 

(1)     Subject to the provisions of this Act, the Regulations?

 

(i)       shall provide for the following matters :--

 

(a)      the election and all matters connected therewith of [[43]] [Representative Fellows of the Senate] and so as to include provisions for the adequate representation of all the Faculties of the University among the Fellows to be elected [[44]][by the registered graduates and] by the teaching staffs of the colleges;

 

(b)      [[45]] [the election and all matters connected therewith of the elected members of the Syndicate;]

 

(c)      the duration of the term of office of the [[46]] [Fellows of the Senate and the members of the Syndicate, other than life and ex-officio Fellows and ex-officio members;]

 

(d)      the maintenance for the purpose of constituting [[47]][the electorates referred to in sub-heads (i), (ii) and (iii) of Class III of section 7(1)] of [[48]] [registers of college teachers, school teachers and graduates] including, for such period as may be thereby prescribed, graduates of any other University who are ordinarily resident in Bihar [[49]] [* *] and the conditions subject to which entries may be made therein; and

 

(e)      the procedure to fee followed at meetings of the Senate and Syndicate and the quorum of Fellows or members required to be present for the transaction of business; and

 

(ii)      may provide for all or any of the following matters :--

 

(a)      the constitution,] powers and duties of the Faculties, Boards of Studies, or such other authorities or bodies, as it may be deemed necessary, from time to time, to appoint;

 

(b)      the conditions of appointment and the powers and duties of the [[50]] [officers (other than the Vice-Chancellor) and servants of the University;]

 

(c)      the constitution and functions of the governing bodies of the colleges;

 

(d)      the admission of educational institutions as colleges, and the withdrawal of privileges from colleges so admitted;

 

(e)      the admission of students to the University and their examination;

 

(f)       the residential arrangements for students of the University ;

 

(g)      the mode of appointment and duties of examiners;

 

(h)     the conferment and withdrawal by the University of degrees, diplomas, certificates and other academic distinctions;

 

(i)       the general discipline and control of the University [[51]][* *];

 

(j)       the accounts to be kept and the use to be made of the funds of the University; and

 

(k)      generally for carrying out the provisions of this Act. [[52]] * * * * * *

 

[[53]] [(2)] The Senate may, from time to time, make new or additional Regulations, or may amend or repeal the Regulations.

 

[[54]] [(3)] The Syndicate; may from time to time lay before the' Senate any proposals for new Regulations or for the amendment or repeal of any of the existing Regulations, and it shall be the duty of the Senate duly to consider all such proposals.

 

[[55]] [(4)] All new Regulations, or additions to the Regulations or amendments to, or repeals of, the Regulations, shall require the previous sanction of the [[56]] [State] Government which may sanction, disallow, or remit the same for further consideration.

 

(The First and Second Schedules.)

 

[Repealed by the Patna University (Amd.) Act, 1932 (B. & O. Act I of 1932), s. 12.]