[Act
No. 20 of 2021] An
Act To establish and incorporate a University in the name of Bihar Engineering
University in the State of Bihar to conduct and facilitate affiliation of
institutions set up by the Government and/or the Trust or Society or Company in
the conventional as well as new frontiers of Engineering & Technology,
Architecture and Planning, Management Programme and also to achieve excellence
in teaching, research and extension work in these areas and other matters
connected therewith or incidental thereto. Be
it enacted by the Legislature of the State of Bihar in the Seventy-Second year
of the Republic of India as follows. (1)
This Act may be called as The Bihar
Engineering University Act, 2021. (2)
It shall extend to whole of the State
of Bihar. (3)
It shall come into force on such date
as the Government may, by notification in the official gazette, specify. In
this Act, unless the context otherwise requires . (1)
'Academic Council' means the Academic
Council of the University; (2)
'Affiliated Institution' means an
institution affiliated by the University; (3)
'Affiliation' means affiliation
granted by the University in accordance with the Statutes and Regulations made
for the purpose; (4)
'All India Council for Technical
Education' (A.I.C.T.E.) means Council constituted under All India Council for
Technical Education Act, 1987 (Central Act 52 of 1987); (5)
'Chancellor' means the Chancellor of
the University; (6)
'Chief Minister' means Chief Minister
of the State of Bihar; (7)
'College' means a college teaching
courses leading to a Bachelor or Higher degree in Engineering and Technology,
Architecture and Planning. (8)
'Council of Architecture' (C.O.A.)
means the Council constituted under section 3 of the Architects Act, 1972 (Act
20 of 1972); (9)
'Courses in Engineering &
Technology, Architecture and Planning' means courses leading to a Bachelor or
Higher degree in relevant programme of Engineering and Technology, Architecture
and Planning as approved by All India Council for Technical Education and other
concerned Apex Regulatory Body; (10)
'Employee' means any person appointed
by the University; (11)
'Executive Council' means the
Executive Council of the University; (12)
'Finance committee' means the finance
committee of the University; (13)
'General council' means General
council of the University; (14)
'Government' means the Government of
Bihar; (15)
'Institution' means an academic
institution or a college imparting education in the field of Engineering and
Technology, Architecture and Planning leading to a Bachelor or Higher Degree: (16)
'Manangement Programme' means Courses
in Management as approved by AICTE and conducted by the institution. (17)
'Misconduct' means a misconduct
prescribed by the Statutes; (18)
'Notification' means a notification
published in the official Gazette; (19)
'Planning Board' means the 'Planning
Board' of the University; (20)
'Principal' means the head of a
college and includes, where there is no principal, the person who is for the
time being duly appointed to act as the Principal; (21)
'Reservation in admissions' means the
reservation in admission defined under section 8 of this Act. (22)
'Screening committee' means the
committee as constituted under section 11(3) of this Act. (23)
'Self-financing institution' means
those institutions which are set-up by a Trust or a Society or a Company and
are Self Financing imparting education in the field of Engineering and
Technology, Architecture and Planning leading to Bachelor or Higher Degree; (24)
'Statutes' and 'Regulations' mean
respectively the Statutes and Regulations of the University for the time being
in force; (25)
'Technical Education' means the
Technical Education as defined by A.I.C.T.E; (26)
'University' means the Bihar
Engineering University as incorporated under this Act; (27)
'University Grants Commission' (U.G.C.)
means the Commission established under Section- 4 of the University Grants
Commission Act, 1956 (Central Act 3 of 1956); (28)
'University Review Commission' means
the commission defined under section- 36 of this Act; (29)
'Vice-Chancellor' means the Vice
Chancellor of the University; (30)
The words and expressions used herein
and not defined in the Act shall have the same meaning respectively assigned to
them in the Act. (1)
With effect from such date as the
Government may, by notification in the official Gazette, appoint, there shall
be established a university by the name of Bihar Engineering University
comprising the Chancellor and the Vice-Chancellor, the first members of the
General council, the Executive Council and the Academic Council of the
University and all such persons as may hereafter be appointed to such office or
as members so long as they continue to hold such office or membership. (2)
The University shall be a body
corporate with the name aforesaid having perpetual succession and a common seal
with power, subject to the provisions of this Act, to acquire, hold and dispose
of property and to contract, and may by the said name sue or be sued. (3)
The headquarters of the University
shall be at such place as the Government, may, by notification in the official
Gazette specify. (1)
The jurisdiction of the University
shall extend to the whole of the State of Bihar. (2)
All Engineering colleges and
institutions established by the Government and affiliated to the existing Universities
of the State or to be established in future imparting education in Engineering
and Technology, Architecture and Planning, Management Programme and courses, as
defined under Technical Education by All India council for Technical Education
and concerned other Apex Regulatory Body, shall be eligible for affiliation
with the University from such date as the Government may, by notification in
the official Gazette appoint, and in the manner prescribed by the Statutes or
Regulations made in this regard. (3)
Notwithstanding anything contained in
any other State laws for the time being in force, the college or institutions
as may be specified by the State Government, by notification in the Official
Gazette, imparting education in Engineering and Technology, Architecture and
Planning Programme and affiliated by any other University established by law of
the State Legislature shall cease to be affiliated from the University to which
such colleges or institutions have been affiliated and such colleges or
institutions shall be deemed to be affiliated to the University from such date
as specified in the said notification. (4)
The University may impose such terms
and conditions upon the colleges or institutions as it may consider necessary,
conducive or incidental to the attainment of all or any of the objects of the
University and then grant affiliation. (5)
Existing college or institution, set
up by a Trust or a Society or a Company as a self-financing institution
imparting Education in Engineering and Technology, Architecture and Planning,
Management Programme, shall get affiliated with the University subject to
fulfillment of conditions laid down under Statutes and Regulations made in this
regard. The
objectives of the University shall be to develop the knowledge of Science,
Engineering and Technology, Architecture and Planning, Management and to
develop environment for the advancement of quality of life of the mankind in
general and in relation to the domain of engineering and technological
development and applications. The
prime objectives of the University shall be to create centers and institutes of
excellence in basic and applied Science, Engineering and Technology,
Architecture and Planning, Management in particular and other objects shall be
as follows, namely: (1)
To create institutes and centers of
excellence for imparting State-of the-art education, training and research in
the fields of Engineering and Technology as well as Architecture and Planning,
Management; (2)
To create capabilities for development
of knowledge, skill and competency at various levels; (3)
To create capabilities for upgrading
the infrastructure of global standard for education, training and research in
the areas related to Engineering and Technology, Architecture and Planning,
Management and Science; (4)
To develop patterns of teaching and
training at various levels of educational accomplishments so as to set high
standards of education in Science, Engineering and Technology, Architecture and
Planning, Management; (5)
To function as a leading resource
center for knowledge management and entrepreneurship development in the areas
of Science, Engineering and Technology, Architecture and Planning, Management; (6)
To provide inter-relationship for
national and global participation in the fields of Science, Engineering and
Technology, Architecture and Planning, Management; (7)
To establish close linkages with
industry to make teaching, training and research at the University relevant to
the needs of the industry at national and global levels; (8)
To make such provisions as would
enable affiliated colleges to undertake specialization of studies. The
University shall have the following powers and functions, namely: (1)
To provide for instruction, training
and research in such branches of knowledge or learning pertaining to Science,
Engineering and Technology, Architecture and Planning, Management and allied
areas for furtherance of the objectives of the University; (2)
To conduct innovative experiments in
new methods and technologies in the field of Science, Engineering and
Technology, Architecture and Planning, Management in order to achieve
international standards of such education, training and research; (3)
To prescribe course of study and
curricula and provide for flexibility in the education systems and delivery
methodologies including electronic and distance learning, (4)
To hold examinations and confer
degrees, or grant certificates and other academic distinctions or titles on
person's subject to such condition as the University may determine, and to
withdraw or cancel any such degrees, certificates or other academic
distinctions or titles in the prescribed manner; (5)
To confer honorary degrees or other
distinctions in the prescribed manner; (6)
To provide for printing, reproduction
and publication of research and other works and to organize exhibitions,
workshops, seminars, conferences etc. (7)
To sponsor and undertake research in
all aspects of Science, Engineering and Technology, Architecture and Planning,
Management; (8)
To develop and maintain linkages with
educational/industrial or other institutions in any part of the world having
objects wholly or partly similar to those of the University, through exchange
of teachers, scholars, industrial experts and generally in such manner as may
be conducive to their common objects; (9)
To appoint academic, technical,
administrative, managerial, advisory, ministerial and other support services
posts as required for the University; (10)
To lay down conditions of services of
all categories of staff, including their code of conduct; (11)
To regulate fees and other charges to
be levied on the students of self-financing institutions affiliated to the
University; (12)
To develop and revise curriculum as
required in co-ordination with all stake holders. (13)
To liaise with Ministry of Human
Resource Development, Government of India, Ministry of Science and Technology,
Government of India, Department of Science and Technology along with other
related Departments, Government of Bihar and apex regulatory bodies like All
India council for Technical Education, University Grants Commission, Council of
Architecture (CoA) as the case may be; (14)
To develop and maintain relationships
with teachers, researchers and experts in any part of the world for achieving
the objects of the University; (15)
To regulate the expenditure, manage
the finances and to maintain accounts of the University; (16)
To receive grants, subventions,
subscriptions, donations and gifts for the purpose of University and consistent
with the objects of the University and to enter into any agreement with Central
Government, State Government, the University Grants Commission or other
authorities or bodies for receiving any grants; (17)
To receive funds from Industry,
national and international organizations or any other sources as gifts,
donations, benefactions, bequests for the purposes and objects of the
University; (18)
To fix, demand and receive or recover
fees and such other charges as may be prescribed; (19)
To institute and award fellowships,
scholarships, prizes, medals and other awards; (20)
To purchase or to take on lease or
accept as gifts or otherwise any land or building or works which may be
necessary or convenient for the purpose of the University on such terms and
conditions as it may think fit and to construct, alter and maintain any such
buildings or works; (21)
To sell, exchange, lease or otherwise
dispose of all or any portion of the properties of the University, movable or
immovable, on such terms as it may think fit, consistent with the interest,
activities and objects of the University; Provided in case of immovable
properties, previous sanction of the Government is required. (22)
To regulate and enforce discipline
among the officers and employees of the University and to provide for such
disciplinary measures as may be prescribed; (23)
To delegate all or any of its powers
(except the power to make statutes and regulations) to any other officer or
authority of the University and to do such other acts and things as the
University may consider necessary, conducive or incidental to the attainment or
enlargement of all or any of the objects of the University, The
University shall be open to all persons irrespective of sex , caste, creed,
race or class and it shall not be lawful for the University to adopt or impose
on any person, any test whatsoever of religious belief or profession in order
to entitle him to be appointed to hold any office therein or be admitted as a
student in the University or to graduate there at or to enjoy or exercise any
privilege thereof; Provided
that nothing in this section shall be deemed to prevent the University from
making special provisions for the employment or admission of women, persons
with physical disabilities or persons belonging to socially and educationally
backward classes of the society or for the Scheduled Castes or the Scheduled
Tribes. Without
affecting the provisions of vertical reservations, as applicable from time to
time for admission in the educational institutions in the state of Bihar,
one-third of total seats of all the courses and categories in each institution
and college affiliated with the University shall be horizontally reserved for
admission of women candidates. Provided
that this benefit shall be available only to the women domiciled in the State
of Bihar. In the absence of eligible women candidates, the vacant seats in the
same academic session shall be filled up by the male candidates from the
relevant category (reserved/unreserved). For
the implementation of these provisions, the Government may issue orders as
required from time to time. (1)
The Chief Minister of Bihar, by virtue
of his office, shall be the Chancellor of the University. (2)
The Chancellor, when present, shall
preside over the convocations of the University and the meetings of the General
Council. (3)
The Chancellor shall have the right to
cause an inspection , to be made by such person or persons as he may direct, of
the University, a college or an institution affiliated by the University, their
buildings, laboratories and equipment, and also of the examination, teaching
and other work conducted or done by the University, college or institution, as
the case may be, and to cause an inquiry or to be made in the like manner in
respect of any matter connected with the administration or finances of the
University, college or institution, as the case may be; (4)
The Chancellor shall, in every case,
give notice to the University or to the colleges or institutions of his
intention to cause an inspection or inquiry to be made and the University or
the colleges or institutions, as the case may be, shall, on receipt of such
notice, have the right to make such representation to the Chancellor, as it may
consider necessary, within such period as specified in the notice. (5)
After considering the representation,
if any, made by the University or the college or institution, Chancellor may
cause to be made such inspection or inquiry as is referred to in sub-section
(3). (6)
Where an inspection or inquiry has
been caused to be made by the Chancellor, the University shall be entitled to
appoint a representative who shall have the right to be present and be heard at
such inspection or inquiry. (7)
The Chancellor may address the
Vice-Chancellor with reference to the result of such inspection or inquiry as
is referred to in sub-section (3) and the Vice-Chancellor shall communicate to
the Executive Council the views of the Chancellor with such advice as the
Chancellor may be pleased to offer upon the action to be taken thereon. (8)
The Chancellor may, if the inspection
or inquiry is made in respect of any college or institution affiliated to the
University, address the Executive council concerned through the Vice-Chancellor
with reference to the result of such inspection or inquiry, his views thereon
and such advice as he may be pleased to offer upon the action to be taken
thereon. (9)
The Executive Council shall
communicate through the Vice-Chancellor to the Chancellor such action, if any,
as it proposes to take or has been taken by it upon the result of such
inspection or inquiry. (10)
Where, the Executive Council as the
case may be, does not, within a reasonable time, take action to the satisfaction
of the Chancellor, the Chancellor may, after considering any explanation
furnished or representation made by the Executive Council issue such directions
as he may think fit and the Executive Council shall comply with such
directions. (11)
Without prejudice to the foregoing
provisions of this section, the Chancellor may, by order in writing, annul any
proceeding of the University which is not in conformity with this Act, the
Statutes or the Regulations; Provided
that before making any such order, the Chancellor shall call upon the Registrar
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. (12)
In case of differences among the
authorities or officers of the University on any matter which cannot be
otherwise resolved the decision of the Chancellor shall be final. (13)
The Chancellor shall have such other
powers as may be prescribed by the Statutes. The
following shall be officers of the University: (1)
The Vice-Chancellor; (2)
The Deans; (3)
The Registrar; (4)
The Finance Officer; (5)
The Examination Controller; (6)
The Librarian; (7)
Such other officers as may be declared
by the Statutes to be officers of the University. (1)
The Vice-Chancellor shall be an
academician and scholar of repute having experience in the field of engineering
and technology education or an eminent technologist or an administrator with an
academic background of engineering and technology having adequate experience in
human resource development. (2)
The Vice Chancellor shall be appointed
by the Chancellor in consultation with the Minister, Department of Science and
Technology, Government of Bihar from out of a panel of not less than three
persons recommended (the names being arranged in the alphabetical order) by a
Screening Committee constituted under sub-section (3); Provided that if the
Chancellor does not approve of any of the persons so recommended, he may call
for the fresh recommendations; (3)
The Screening Committee referred to in
sub-section (2) shall consist of three members of whom one shall be nominated
by the Executive Council, one by the Chancellor and one by the Government, and
the member nominated by the Government shall be convener of the committee;
Provided that none of the members of the Committee shall be an employee of the
University; Provided
further, that the panel shall be prepared from out of candidates who submit
their curriculum vitae or is sponsored by some reputed persons or institutions in
the field of Engineering and Technology. (4)
The first Vice Chancellor shall be
appointed by the Government. (5)
The Vice Chancellor shall hold office
for a term of three years from the date on which he enters upon his office; Provided
that the Chancellor may require the Vice-Chancellor after his term has expired,
to continue in office for such period, not exceeding a total period of one year
as may be specified by him; Provided
also that the maximum age limit for continuance upon the office of the Vice
Chancellor will be seventy-five years. (6)
The emoluments and other conditions of
service of the Vice Chancellor shall be as prescribed by Statutes; (7)
If the office of the Vice Chancellor
becomes vacant due to death, resignation or otherwise or if he is unable to
perform his duties due to ill health or any other cause, the Chancellor shall
have the authority to designate any eminent person to perform the functions of
the Vice Chancellor until the new Vice Chancellor assumes his office or until
the existing Vice Chancellor attends to the duties of his office, as the case
may be. (1)
The Vice-Chancellor shall be the
principal executive and academic officer of the University and shall exercise
general supervision and control over the affairs of the University and give
effect to the decisions of the authorities of the University. (2)
The Vice-Chancellor may, if he is of
the opinion that immediate action is necessary on any matter, exercise any
power conferred on any authority of the University by or under this Act and
shall report to such authority at its next meeting the action taken by him on
such matter; Provided
that such exercise of power shall be made only in emergent situations and in no
case in respect of creation, and up gradation of posts and appointments
thereto; Provided
further that if the authority concerned is of the opinion that such action
ought not to have been taken, it may refer the matter to the Chancellor whose
decision thereon shall be final; Provided
also that if any person in the service of the University who is aggrieved by
the actions taken by the Vice-Chancellor under this sub-section shall have the
right to appeal against such action to the Chancellor within three months from
the date on which decision on such action is communicated to him and there upon
the Chancellor may confirm, modify or reverse the action taken by the
Vice-Chancellor. (3)
The Vice-Chancellor, if he is of the
opinion that any decision of any authority of the University is beyond the
powers of the authority conferred by the provisions of this Act, the Statutes,
the Regulations or that, any decision taken is not in the interest of the
University, may ask the authority concerned to review its decision within sixty
days of such decision and if the authority refuses to review the decision
either in whole or in part or no decision is taken by it within the said period
of sixty days, the matter shall be referred to the Chancellor whose decision
thereon shall be final. (4)
The Vice-Chancellor shall exercise
such other powers and perform such other duties as may be prescribed by the
Statutes or the Regulations. (5)
The Vice-Chancellor shall be the
chairman of the Executive Council, Finance Committee, Academic Council of the
University. (6)
The Vice Chancellor shall, in the
absence of the Chancellor, preside at any convocation of the University and
shall preside at the meeting of the Executive council, Academic Council and the
Finance Committee, (1)
If at any time and after such enquiry
as may be considered necessary, it appears, to the Chancellor that the
Vice-Chancellor: - (i)
Has failed to discharge any duty
imposed upon him, by, or under this Act, the Statutes and Regulations; (ii)
Has acted in a manner prejudicial to
the interests of the University, or (iii)
Has been incapable of managing the
affairs of the University. The Chancellor may, notwithstanding the fact that
the term of office of the Vice-Chancellor has not expired, require the
Vice-Chancellor, by an order in writing stating the reasons thereof, and after
consulting the State Government, to resign his post from the date as may be
specified in the order. (2)
No orders under sub-section-1 shall be
passed unless a notice stating the specific grounds on which such action is
proposed has been served and a reasonable opportunity to show cause against the
proposed order has been given to the Vice-Chancellor. (3)
On and from the date specified in
sub-section-1, it shall be deemed that the Vice Chancellor has resigned his
post and office of the Vice-Chancellor shall be deemed vacant. Every
Dean shall be appointed in such manner, and shall exercise such powers and
perform such duties as may be prescribed by the Statutes. (1)
The Registrar shall be appointed in
such manner, on such terms and other conditions of service as may be prescribed
by the Statutes. However, the first Registrar of the University shall be
appointed by the Government and shall hold office for a term of three years or
till the appointment of the Registrar as prescribed by the statutes, whichever
is earlier; (2)
The Registrar shall have the power to
enter into agreements, sign documents and authenticate records on behalf of the
University and shall exercise such powers and perform such duties as may be
prescribed by the Statutes. The
Finance Officer shall be appointed in such manner and on such terms and
conditions of service, and shall exercise such powers and perform such duties,
as may be prescribed by the Statutes. However, the first Finance Officer of the
University shall be appointed by the Government and shall hold office for a
term of three years or till the appointment of the Finance Officer as
prescribed by the statutes, whichever is earlier; The
Examination Controller shall be appointed in such manner and on such terms and
conditions of service, and shall exercise such powers and perform such duties,
as may be prescribed by the statutes. However, the first Examination Controller
shall be appointed by the Government and shall hold office for a term of three
years or till the appointment of the Examination Controller, as prescribed by
the statutes, whichever is earlier. The
manner of appointment and powers and duties of other officers of the University
shall be prescribed by the Statutes. The
following shall be the authorities of the University: (1)
The General Council; (2)
The Executive Council; (3)
The Academic Council; (4)
The Board of Studies; (5)
The Board of Planning; (6)
The Board of Affiliation; (7)
The Finance Committee; and (8)
Such other authorities as may be
declared by the Statutes to be authorities of the University. (1)
The General Council shall consist of
the following persons: - (i)
Chancellor; (ii)
Minister, Department of Finance,
Government of Bihar; (iii)
Minister, Department of Education,
Government of Bihar; (iv)
Minister, Department of Science and
Technology, Government of Bihar; (v)
Vice-Chancellor; (vi)
Member Secretary, All India council
for Technical Education; (vii)
Chief Secretary, Government of Bihar; (viii)
Additional chief Secretary/Principal
Secretary/Secretary, Deptt. Of Finance, Government of Bihar; (ix)
Additional chief Secretary/Principal
Secretary/Secretary, Department of Education, Government of Bihar; (x)
Additional chief Secretary/Principal
Secretary/Secretary, Department of Science and Technology, Government of Bihar; (xi)
Director, Indian Institute of Technology,
Patna; (xii)
Director, National Institute of
Technology, Patna; (xiii)
Director, Chandragupta Institute of
Management (CIM), Patna, Bihar; (xiv) Director, Development Management Institute (DMI), Patna,
Bihar; (xv)
Two eminent persons in the field of
Science and Technology, nominated by the Chancellor; (xvi) Two Principals of Government Engineering Colleges, in
rotation for a period of three years, nominated by Government of Bihar; (xvii) Registrar of the University. (2)
(i) Where a person has become a member
of the General Council by reason of the office or appointment he holds, his
membership shall terminate when he ceases to hold that office or appointment; (ii)
The term of office of the nominated members of the General Council other than
the ex officio members shall be three years; (iii)
A member of the General Council shall cease to be a member if he resigns or
becomes of unsound mind, or becomes insolvent or is convicted of a criminal
offence involving moral turpitude. A member, other than the Vice-Chancellor,
Registrar shall also cease to be a member if he accepts a full-time appointment
in the university; or if he not being an Ex-Officio member fails to attend
three consecutive meetings of the General Council without the leave of the
Chancellor; (iv)
A member of the General Council other than an ex-officio member may resign his
office by a letter addressed to the Chancellor and such resignation shall take
effect as soon as it has been accepted; and (v)
Any vacancy in the General Council shall be filled by nomination by the respective
nominating authority for the remaining period of the term and on expiry of the
period of the vacancy; such nomination shall cease to be effective. (3)
Powers, functions and meetings of the
General Council- (1)
The General Council shall be the
plenary authority of the University and shall formulate and review from time to
time the broad policies, and programmes of the University and devise measures
for the improvement and development of the University and shall also have the
following powers and functions namely:- (i)
To consider and pass the annual
report, financial statement and the budget estimates prepared by the Executive
Council and to adopt them with or without modification: (ii)
To make Statutes concerning the
administration of the affairs of the University including prescribing the
procedures to be followed by the authorities and the officers of the University
in the discharge of their functions. (2)
(i) The General Council shall meet at
least once in a year and annual meeting of the General Council shall be held on
a date to be fixed by the Chancellor; (ii) A report of the working of the
University during the previous year, together with a statement of receipts and
expenditure, the balance sheet as audited, and the financial estimates shall be
presented by the Vice-Chancellor to the General Council at its annual meetings; (iii)
Meetings of the General Council shall be called by the Chancellor either on his
own motion or at the requisition of not less than ten members of the General
Council; (iv)
For every meeting of the General Council, fourteen days' notice shall be given.
However, in emergent situation the meeting of the General Council may be called
by the Chancellor at short notice. (v)
One third of the members existing on the rolls of the General Council shall
form the quorum; (vi)
Each member shall have one vote and if there be equality of votes on any
question to be determined by the General Council, the Chancellor presiding over
the meeting shall, in addition, have a casting vote; (1)
The Executive Council shall be the
principal executive body of the University. (2)
The Executive Council shall consist of
the following persons namely: - (i)
The Vice-Chancellor of the University; (ii)
Additional chief Secretary/Principal
Secretary/Secretary, Department of Science and technology, Government of Bihar
or his/her representative not below the rank of joint secretary; (iii)
Additional chief Secretary/Principal
Secretary/Secretary, Department of Education, Government of Bihar or his/her
representative not below the rank of joint secretary; (iv)
Additional chief Secretary/Principal
Secretary/Secretary, Department of Finance, Government of Bihar or his/her
representative not below the rank of joint secretary; (v)
Director, Indian Institute of
Technology, Patna or his/her representative not below the rank of professor; (vi)
Director, National Institute of
Technology, Patna or his/her representative not below the rank of professor; (vii)
Director, Chandragupta Institute of
Management, Patna or his/her representative not below the rank of professor; (viii)
Director, Development Management
Institute, Patna or his/her representative not below the rank of professor; (ix)
Head of Department, Department of
Architecture, National Institute of Technology, Patna; (x)
Director, Department of Science and
technology, Government of Bihar; (xi)
The Registrar of the University; (xii)
Three teachers to be nominated by the
Vice Chancellor of whom, one shall be from amongst Heads of Department, one
from Professors and one from Associate Professors by rotation for a period of
one year each from Government engineering colleges; (3)
The Vice-Chancellor shall be the
Chairman of the Executive Council: (i)
Where a person has become a member of
the Executive Council by reason of the office or appointment he holds, his
membership shall terminate when he ceases to hold that office or appointment; (ii)
The term of office of the nominated
members of the Executive council other than ex officio members shall be three
years; (iii)
A member of the Executive Council
shall cease to be a member, if he resigns or becomes of unsound mind or becomes
insolvent or is convicted of a criminal offence involving moral turpitude. A
member other than the Vice-Chancellor and the Registrar shall also cease to be
a member if he accepts a fulltime appointment in the University; (iv)
A member of the Executive Council
other than an ex-officio member may resign his office by a letter addressed to
the Vice-Chancellor and such resignation shall take effect as soon as it has
been accepted by him; (v)
Any vacancy in the Executive Council
shall be filled by nomination by the respective nominating authority for the
remaining period of the term and on expiry of the period of the vacancy, such
nomination shall cease to be effective. (4)
Powers, Functions and Meetings of the
Executive Council; (1)
The Executive Council shall be the
Chief Executive Authority of the University and as such shall have all powers
necessary to administer the University subject to the provisions of this Act
and the Statutes made there under, and may make Regulations for that purpose
and also with respect to matters provided hereunder. (2)
The Executive Council shall have the
following powers and functions: (i)
To prepare and present the following
to the General Council at its annual meetings: - (a)
A report on the working of the
University; (b)
A statement of accounts; and (c)
Budget proposals for the ensuing
academic year. (ii)
To manage and regulate the finances,
accounts, investments, properties, business and all other administrative
affairs of the University and for that purpose, constitute committees and
delegate the powers to such committees or such officers of the University as it
may deem fit; (iii)
To transfer or accept transfers of any
movable or immovable property on behalf of the University; (iv)
To enter into, vary, carry out and cancel
contracts on behalf of the University and for that purpose to appoint such
officers as it may think fit; (v)
To provide buildings, premises,
furniture and apparatus and other means needed for carrying on the work of the
University; (vi)
To entertain, adjudicate upon, and if
it thinks fit, to redress any grievances of the students and the employees of
the University; (vii)
To create administrative, ministerial
and other necessary posts, to determine the number and emoluments of such
posts, to specify the minimum qualifications for appointment to such posts on
such terms and conditions of service as may be prescribed by the Statutes and
Regulations made in this behalf; (viii)
To appoint examiners and moderators,
and if necessary to remove them and to fix their fees, emoluments and
travelling and other allowances, after consulting the Academic Council; (ix)
To select a common seal for the
University; and (x)
To exercise such other powers and to
perform such other duties as may be considered necessary; or imposed on it by
or under this Act. (3)
(i) The Executive Council shall meet
at least once in four months and not less than fourteen days notice shall be
given of such meetings; (ii)
The meeting of the Executive Council shall be called by the Registrar under
instructions of the Vice-Chancellor or at the request of not less than five
members of the Executive Council; (iii)
One half of members of the Executive Council shall form the quorum at any
meeting; (iv)
In case of difference of opinion among the members, the opinion of the majority
shall prevail; (v)
Each member of the Executive Council shall have one vote and if there be
equality of votes on any question to be determined by the Executive Council,
the Chairman of the Executive Council or as the case may be, the member
presiding over that meeting shall, in addition, have a casting vote; (vi)
Every meeting of the Executive Council shall be presided over by the
Vice-Chancellor and in his absence by a member chosen by the members present; (vii)
If urgent action by the Executive Council becomes necessary, the
Vice-Chancellor may permit the business to be transacted by circulation of
papers to the members of the Executive Council. The decisions so taken shall
not be valid unless agreed to by a majority of members of the Executive Council.
Such decisions shall be forthwith intimated to all the members of the Executive
Council. In case the Executive Council fails to take decision, the matter shall
be referred to the Chancellor whose decision shall be final. (1)
The Academic Council shall be the
principal academic body of the University and shall, subject to the provisions
of this Act, the Statutes and the Regulations, co-ordinate and exercise general
supervision over the academic policies of the University. (2)
The Academic Council shall consist of
the following persons, namely: (i)
The Vice-Chancellor who shall be the
Chairman; (ii)
Director, Indian Institute of
Technology, Patna or his/her representative not below the rank of professor; (iii)
Director, National Institute of Technology,
Patna or his/her representative not below the rank of professor; (iv)
Director, Chandragupta Institute of
Management, Patna or his/her representative not below the rank of professor; (v)
Director, Development Management
Institute, Patna or his/her representative not below the rank of professor; (vi)
Head of Department, Department of
Architecture, National Institute of Technology Patna; (vii)
Three persons from amongst
educationists of repute or men of letters or members of the learned profession
or eminent public men, who are not in the service nominated by the Chancellor; (viii)
A nominee of the All India Council for
Technical Education; (ix)
Director, Department of Science and
technology, Government of Bihar; (x)
Ten Principals of the Government
Engineering colleges of Bihar on rotation for a period of three years to be
nominated by the Government of Bihar; (xi)
Three members of the teaching staff;
one each respectively representing the Professor, Associate and Assistant
Professors of Government Engineering colleges, nominated by the Vice-Chancellor
for a period of three years; (3)
Powers, Functions and Meeting of the
Academic council.- Subject
to the provisions of the Act, Statutes and Regulations and overall supervision
of the Executive Council, the Academic Council shall manage the academic
affairs and matters in the University and in particular shall exercise and
perform the following powers and functions namely: (i)
To report on any matter referred or
delegated to it by the General Council or the Executive Council; (ii)
To make recommendations to the
Executive Council with regard to the creation, abolition or classification of
posts in the University and the emoluments payable and the duties attached
thereto; (iii)
To formulate and modify or revise
schemes for the organization of the faculties, and to assign to such faculties
their respective subjects and also to report to the Executive Council as to the
expediency of the abolition or sub-division of any faculty or the combination
of one faculty with another; (iv)
To promote research under the
University and to require from time to time, reports on such research; (v)
To consider proposals submitted by the
faculties; (vi)
To recommend recognition of degrees of
other Universities and institutions and to determine their equivalence in
relation to the certificates, diplomas and degrees of the University; (vii)
To fix subject to any conditions
accepted by the General Council, the time, mode and conditions of competition
for Fellowships, Scholarships and other prizes and to recommend for the award
of the same; (viii)
To make recommendations to the
Executive Council in regard to the appointment of examiners and if necessary,
their removal and fixation of their fees, emoluments and travelling and other
expenses; (ix)
To recommend arrangements for the
conduct of examinations and the date for holding them; (x)
To declare or review the result of the
various examinations or to appoint committees or officers to do so, and to make
recommendations regarding the conferment or grant of degrees, honors, licenses,
titles and marks of honors; (xi)
To recommend stipends, scholarships,
medals and prizes and to make other awards in accordance with the regulations
and such other conditions as may be attached to the awards; (xii)
To approve or revise lists of
prescribed or recommended text books and to publish the same and to approve
syllabus and courses of study; (xiii)
To approve such forms and registers as
are from time to time, required by the Regulations; and (xiv) To perform, in relation to academic matters, all such
duties and to do all such acts as may be necessary for the proper carrying out
of the provisions of this Act, the Statutes and the Regulations made there
under. (4)
(i) The Academic Council shall meet as
often as may be necessary, but not less than two times during an academic year; (ii)
One half of the existing members of the Academic Council shall form the quorum
for a meeting of the Academic Council; (iii)
In case of difference of opinion among the members, the opinion of the majority
shall prevail; (iv)
Each member of the Academic Council, including the Chairman of the Academic
Council, shall have one vote and if there be an equality of votes on any
question to be determined by the Academic Council, the Chairman of the Academic
Council, or as the case may be, the member presiding over the meetings, shall
in addition, have a casting vote; (v)
Every meeting of the Academic Council shall be presided over by the Vice
Chancellor and in his absence by a member chosen in the meeting to preside on
the occasion; (vi)
If urgent action by the Academic Council becomes necessary, the Chairman of the
Academic Council may permit the business to be transacted by the circulation of
papers to the members of the Academic Council. The decision taken shall not be
valid unless agreed to, by a majority of the members of the Academic Council. The
decision so taken shall forthwith be intimated to all the members of the
Academic Council. In case the Academic Council fails to take decision, the
matter shall be referred to the Chancellor whose decision shall be final. (1)
The Board of Planning shall be the
principal body for preparing plans for the growth and development of the
University to achieve its objectives. (2)
Board of Planning shall be constituted
consisting of the following: - (i)
The Chancellor; (ii)
Minister, Department of Finance,
Government of Bihar; (iii)
Minister, Department of Education,
Government of Bihar; (iv)
Minister, Department of Science and
Technology, Government of Bihar; (v)
The Vice-Chancellor; (vi)
Chief Secretary, Government of Bihar; (vii)
Additional chief Secretary/Principal
Secretary/Secretary, Department of Finance, Government of Bihar; (viii)
Additional chief Secretary/Principal
Secretary/Secretary, Department of Education, Government of Bihar; (ix)
Additional chief Secretary/Principal
Secretary/Secretary, Department of Science and Technology, Government of Bihar; (x)
Director, Indian Institute of
Technology, Patna (xi)
Director, National Institute of
Technology, Patna (xii)
Director, Chandragupta Institute of
Management, Patna (xiii)
Director, Development Management
Institute, Patna (xiv) Two eminent Professors of Science and Technology nominated
by the Chancellor; (xv)
Nominee of All India council for
Technical Education; (xvi) Nominee of University Grant Commission; (xvii) The Registrar of the University. (3)
The Planning Board shall meet once in
a year and develop plans on the future programmes of the University and
recommend the same to the Academic Council and Executive Council. It shall also
recommend long term plans in relation to the different activities of the
University as and when found necessary. The
constitution, powers and functions of the Board of Studies shall be prescribed
by the Statutes. (1)
The Board of Affiliation shall be responsible
for affiliating colleges and institutions to the University. (2)
The constitution of the Board of
Affiliation, the term of office of its members and its functions shall be
prescribed by the Statutes. The
constitution, powers and functions of the Finance Committee shall be prescribed
by the Statutes. The
constitution, powers and functions of the other authorities as may be declared
by the Statutes to be the authorities of the University, shall be prescribed by
the Statutes. Subject
to the provisions of this Act, the Statutes may provide for all or any of the
following matters, namely: (1)
The constitution, powers and functions
of the authorities and other bodies of the University, as may be found
necessary to be constituted from time to time; (2)
The appointment and continuance in
office of the members of the said authorities and bodies of the University, the
filling up of vacancies of members, and all other matters relating to those
authorities and other bodies for which it may be necessary or desirable to
provide; (3)
The appointment, powers and duties of
the officers of the University, and terms and conditions of their service; (4)
The constitution of the pension or the
provident fund and the establishment of an insurance scheme for the benefit of
the employees of the University; (5)
The principles governing the seniority
of employees of the University; (6)
The procedure for arbitration in cases
of dispute between employees or students and the University; (7)
The procedure for appeal to the
Executive Council by an employee or student against the action of any officer
or authority of the University; (8)
The extent of the autonomy which a
college or an institution declared as an autonomous college or institution may
be exercised; (9)
The conferment of honorary degrees; (10)
The withdrawal of degrees,
certificates and other academic distinctions; (11)
The institution of fellowships,
scholarships, studentship, medals and prizes and other incentives; the
delegation of powers vested in the authorities or the officers of the
University; (12)
All other matters which, by or under
this Act, are to be, or may be, provided for by the Statutes. (1)
The First Statutes shall be made by
the Government on the recommendation of the General Council. (2)
The General Council may, from time to
time, make new or additional Statutes or may amend or repeal the Statutes
referred to in subsection (1): Provided
that the General Council shall not make, amend or repeal any Statute affecting
the status, powers or constitution of any authority of the University until
such authority has been given an opportunity of expressing its opinion in
writing on the proposed change, and any opinion so expressed shall be
considered by the General Council. (3)
Every new Statute or addition to the
Statutes or any amendment or repeal thereof a Statute shall require the assent
of the Chancellor. Provided
that if there be any financial implication which may arise under the statute,
it shall not be enforceable unless prior approval of the state government has
been obtained. The
authorities of the University may make Regulations consistent with this Act,
and the Statutes, in the manner prescribed by the Statutes for the conduct of
their own business and that of the committees, if any, appointed by them and
not provided for by this Act, the Statutes and for such matters as may be
prescribed by the Statutes, provided that if there be any financial implication
which may arise under the regulation, it shall not be enforceable unless prior
approval of the State government has been obtained. (1)
The annual report of the University
shall be prepared under the directions of the Executive Council, which shall
include, among other matters, the steps taken by the University towards the
fulfillment of its objects and shall be submitted to the General Council on or
after such date as may be prescribed by the Statutes and the General Council
shall consider it in its annual meeting. (2)
The General Council shall submit the
Annual Report to the Chancellor along with its comments, if any. (3)
A copy of the annual report, as
prepared under sub-section (1), shall also be submitted to the Government. (1)
The University shall have a general
fund to which the following shall be credited: (i)
Its income from fees, grants,
donations and gifts, if any; (ii)
Any contribution or grant made by
national/international agencies, the Central Government, University Grants
Commission, All India Council for Technical Education. Council of Architecture
or like authority, any local authorities or any corporation owned or controlled
by the Government and; (iii)
Endowments and other receipts. (2)
The University may have such other
funds as may be prescribed by the Statutes. (3)
The funds and all moneys of the
University shall be managed in such a manner as may be prescribed by the Statutes. (4)
The Government may, every year,
provide grant-in-aid to facilitate and promote studies and research and for
carrying out the objectives of the University. (1)
The annual accounts and the balance
sheet of the University shall be prepared under the direction of the Executive
Council and shall once at least every year, and at intervals of not more than
fifteen months, be audited by the Comptroller and Auditor General of India or
by such person or such persons as he may authorize on his behalf. (2)
A copy of the annual accounts together
with the audit report thereon shall be submitted to the General Council and the
Chancellor along with the observations, if any, of the Executive Council. (3)
Any observation made by the Chancellor
on the annual accounts shall be brought to the notice of the General Council
and the observations of the General Council, if any, shall, after being
considered by the Executive Council, be submitted to the Chancellor. (4)
A copy of the annual accounts together
with the audit report, as submitted to the Chancellor, shall also be submitted
to the Government. The
University shall furnish to the Government such returns or other information
with respect to its property or activities as the Government may, from time to
time, require. The
condition of the service of the officers and staff of the University shall be
as specified by the statutes and regulations. (1)
Chancellor, on his own motion or on
request from the Government, shall at least once in every five years,
constitute a commission to review the working of the University and to make
recommendations. (2)
The Commission shall be constituted
consisting of not less than three eminent educationists, one of whom shall be
the Chairman of such Commission appointed by the Chancellor in consultation
with the Government. (3)
The terms and conditions of the
appointment of the members shall be such as the Chancellor may determine. (4)
The Commission shall after holding
such enquiry as it deems fit, make its recommendations to the Chancellor with a
copy to the Government. (5)
The Chancellor may take such action on
the recommendations as he deems fit in consultation with the government. Every
employee or student, related to the University, shall notwithstanding anything
contained in this Act, have a right to appeal within such time as may be
prescribed by the Statutes, to the Chancellor against the decision of any
officer or authority of the University, and thereupon the Chancellor may
confirm, modify or reverse the decision appealed against. The
University shall constitute for the benefit of its employee such provident fund
or pension fund or provide such insurance schemes as it may deem fit in such
manner and subject to such conditions as may be prescribed by the Statutes in
consultation with the Government. If
any question arises as to whether any person has been duly elected or appointed
as, or is entitled to be, a member of any authority or other body of the
University, the matter shall be referred to the Chancellor whose decision
thereon shall be final. All
the casual vacancies among the members, other than ex-officio members, of any
authority or other body of the University shall be filled, as soon as may be,
by the person or body who appoints; elects or co-opts the members whose place
has become vacant and any person appointed, elected or co-opted to a casual,
vacancy shall be a member of such authority or body for the residue of the term
for which the person whose place he fills would have been a member. No
Act or proceedings of any authority or other body of the University shall be
invalidated merely by reason of the existence of any vacancy or vacancies among
its members. No
suit or other legal proceeding shall lie against any officer or other employee
or against any authority of the University for anything which is in good faith
done or intended to be done in pursuance of any of the provisions of this Act,
the Statutes or the Regulation. Notwithstanding
anything contained in the Indian Evidence Act, 1872 or in any other law for the
time being in force, a copy of any receipt, application, notice, order,
proceedings or resolution of any authority or other body of the University, or
any other document in possession of the University, or any entry in any
register duly maintained by the University, if certified by the Registrar so
designated shall be received as prima facie evidence of such receipt,
application, notice, order, proceeding, resolution or document or the existence
of entry in the register and shall be admitted as evidence of the matters and
transactions therein, where the original thereof would, if produced, have been
admissible in evidence. If
any difficulty arises in giving effect to the provisions of this Act, the Government
may, by order published in the official Gazette, make such provisions, not
inconsistent with the provisions of this Act, as appear to it to be necessary
or expedient for removing the difficulty; Provided that no such order shall be
made under this section after the expiry of three years from the commencement
of this Act; Provided
further that every order made under this section shall be laid, as soon as it
is made, before each House of Legislature. Notwithstanding
anything contained in this Act, Statutes or the regulations, any student of a
college or institution affiliated to other University, who immediately before
the date of affiliation to the University, was studying or was eligible for any
examination of the other Universities shall be permitted to complete this
course in preparation thereof and the University shall provide for such period
and in such manner as may be prescribed for the instruction, teaching, training
and examination of such students in accordance with the course of studies of
the other University.THE BIHAR
ENGINEERING UNIVERSITY ACT, 2021
PREAMBLE