PATNA
UNIVERSITY (AMENDMENT) ACT, 2008 THE PATNA UNIVERSITY
(AMENDMENT) ACT, 2008 [Act No. 15 of 2008][1]
Preamble
- THE PATNA UNIVERSITY (AMENDMENT) ACT, 2008
PREAMBLE
An Act to amend the Patna
University Act, 1976 (Bihar Act 24, 1976) Preamble.?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
Patna University (Amendment) Act, 2008
(2)
It shall come into force
at once.
Section 2 - Substitution of Section 19(16) of the Bihar Act 24, 1976
In the said Act Section 19(6) shall be substituted, by the.
following:?
"(16) Bihar State lawyer's association shall be substituted
by Bihar State Bar Council."
Section 3 - Substitution of Section 27(6)(b) of the Bihar Act 24, 1976
In the said Act the sub-section 6(b) shall be substituted, by the
following:?
"(b) 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 appointments shall be reported to the Syndicate of the
University."
Section 4 - Addition of Section 27 (6) (c) and 27(6)(d) of the Bihar Act 24, 1976
The following shall be added after Section 27 (6)(b) of the Patna
University Act, 1976(Bihar Act 24, 1976):?
"(c) 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."
"(d) 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 24, 1976
Proviso to Section 36 (6) shall be substituted by the following:?
"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 New Section 36 (7) of the Bihar Act 24, 1976
The following new Section 36(7) shall be added after Section 36(6)
of the Patna University Act, 1976 (Bihar Act 24,1976):?
"(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 three 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 on any subject for the Patna University."
Section 7 - Addition of new Proviso in Section 38(3) of the Bihar Act 24, 1976
The following new Proviso shall be added to Section 38(3) of the
Bihar Act 24, 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 24, 1976
The following new Proviso shall be added to Section 39(2)(ii) of
the Bihar Act 24, 1976:?
"Provided that any regulations having financial implication
shall not be enforceable unless prior approval of State Government has been
obtained."
Section 9 - Substitution of Section 56 (i)(4) of the Bihar Act 24, 1976
In the said Act Section 56(i)(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 56(i) of the Bihar Act 24, 1976
The following new Proviso shall be added to Section 56(i) of the
Bihar Act 24,1976:?
"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-l) or both as the case may
be."
Section 11 - Saving
Notwithstanding substitution of section-19(16), 26 (6) (ii) and 56
(i) (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 Sections 19 (16), 26(6) (ii) and 56 (i)(4) of the Act.