[Act
No. 19 of 2021] An
Act To establish and incorporate a University in the name of The Bihar
University of Health Sciences to conduct and facilitate affiliation of
institutions set up by the Government and/or Trust or Society in the
conventional as well as new frontiers of professional education in Health
Sciences for the purposes of Affiliating,
teaching and ensuring proper and systematic instruction, training and research
in Modern System of Medicine, AYUSH systems of Medicine, Nursing Education,
Pharmacy Education, Dental Education, Education on Laboratory Technology,
Physiotherapy & Occupational Therapy, Speech Therapy and Education on other
Paramedical Courses and inter disciplinary areas such as Health Economics,
Health administration etc. And,
Whereas, it is considered desirable to establish a specialized autonomous
Institution with the objects of promoting academic freedom and scholarship for
the teachers as well as for the students and to foster and develop an
intellectual climate conducive to the pursuit of scholarship and excellence,
either independently or jointly with other centers of higher learning; Be
it enacted by the State legislature of Bihar in the Seventy-Second year of the
Republic of India, as follows:- (1)
This Act may be called the Bihar
University of Health Sciences 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 (i)
'Academic Council' means the Academic
Council of the University; (ii)
'Affiliated Institution' means an
institution affiliated by the University. (iii)
'Academic Staff' means such categories
of staff as are designated by the Statutes to be the academic staff of the
University; (iv)
'Affiliation' means affiliation
granted by the University in accordance with the Statutes and Regulations made
for the purpose; (v)
'Autonomous College or Institutes'
means such College or Institute which has been declared autonomous by the
University under the provisions prescribed in the relevant statutes; (vi)
'Chancellor' means the Chancellor of
the University; (vii)
'Chief Minister' means the Chief
Minister of the State of Bihar; (viii)
'College' means a college teaching
courses leading to a Bachelor or Higher degree in Modern System of Medicine,
AYUSH systems of Medicine, Nursing Education, Pharmacy Education, Dental
Education, Education on Laboratory Technology, Physiotherapy & Occupational
Therapy, Speech Therapy and Education on other Paramedical Courses and inter
disciplinary areas such as Health Economics, Health administration etc. (ix)
'Chancellor' and 'Vice-Chancellor' means,
respectively, the Chancellor and the Vice-Chancellor of the University; (x)
'College' means an institution
maintained or controlled by the University or maintained by the State
Government; (xi)
'Courses' means courses leading to a
Bachelor or Higher degree in relevant streams of Health Sciences and such other
courses as notified by the Government in future; (xii)
'Court' means the Court of the
University; (xiii)
'Dental Council of India' means Dental
Council constituted under section- 3 of the Dentists Act - 1948 (Act 16 of
1948) and its amendment Act 1993; (xiv) 'Employee' means any person appointed by the University,
College or Institution as the case may be; (xv)
'Executive Council' means the
Executive Council of the University; (xvi) 'Finance committee' means the finance committee of the
University; (xvii) 'Government' means the Government of Bihar; (xviii)
'Health Sciences' means the Modern
system of Medicine, Nursing Education, Pharmacy Education, Dental Education,
Laboratory Technology, Physiotherapy and Occupational therapy, Speech therapy
and Education on other paramedical courses in all their branches concerning
preventive, promotive, curative and rehabilitative services; (xix) 'Institution' means an academic institution or a college
admitted to the privileges of the University; (xx)
'Medical Council of India' means
Medical Council of India constituted by Indian Medical council Act-1956 (Act
102 of 1956) and its amendment Act 1993; (xxi) 'Misconduct' means a misconduct prescribed by the Statutes; (xxii) 'Modern System of Medicine' means all branches of modern
medicine dealing with pre-clinical, clinical, para-medical and para-dental
disciplines at diploma and degree level or above and such other disciplines as
may be prescribed; (xxiii)
'National Medical Commission' means
National Medical Commission constituted by National Medical Commission Act-2019
(Act 30 of 2019); (xxiv)
'Notification' means a notification
published in the official Gazette; (xxv)'Pharmacy
Council of India' means the Central Council constituted under Section-3 of the
Pharmacy Act-1948; (xxvi)
"Planning Board" means the
"Planning Board" of the University; (xxvii)
'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, and, in the absence of the
Principal or the acting Principal, as the case may be, a Vice-Principal duly
appointed as such; (xxviii) 'Professional Education' means education connected with a
job that needs special training or skill, and includes Medical, Dental,
Pharmacy, Physiotherapy, Occupational Therapy, Law Teaching, etc.; (xxix)
'Recognized Teachers' means such
persons as are approved by the University for the purpose of imparting
instruction in a college or an institution admitted to the privileges of the
University; (xxx)'School'
means a school of studies of the University; (xxxi)
'School of Studies' means the School
of Studies of the University; (xxxii)
"Screening committee" means
the committee as constituted under section 10(3) of this act; (xxxiii) '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 different streams of Health Sciences; (xxxiv) 'Senate' means the Senate of the University; (xxxv)
'Statutes ' and 'Regulations' mean
respectively the Statutes and Regulations of the University for the time being
in force. (xxxvi) 'Technical staff' means employees working in the technical
cadre of the University; (xxxvii)
'University' means the Bihar
University of Health Sciences as incorporated under this Act; (xxxviii)
'University Grants Commission' means
the Commission established under Section-4 of the University Grants Commission
Act, 1956 (Central Act 3 of 1956); (xxxix) 'University teachers' means Professors, Readers/Associate
Professors, Lecturers/Assistant Professors and such other persons as may be
appointed for imparting instruction or conducting research in the University,
or in any college or institution maintained by the University and are
designated as teachers by the Statutes. (xl)
University Review Commission means the
commission defined under section- 35 of this act; (xli)
The words and expressions used here in
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, specify, there shall
be established a University by the name of Bihar University of Health Sciences'
comprising the Chancellor and the Vice-Chancellor, the first members of the
Senate, 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 besued. (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 colleges and institutions
established by the Government and affiliated to the existing Universities of
the State or to be established in future imparting Professional Education in
different streams of Health Sciences 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
Ordinances or Regulations made in this regard. (3)
Notwithstanding anything contained in
any other State laws for the time being in force, the Colleges or Institutions
as may be specified by the State Government, by notification in the Official
Gazette, imparting Professional education in different streams of Health
Sciences 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. Provided
that this provision shall not be applicable to Deemed Universities. (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 as a self-financing institution imparting Professional
Education in different streams of Health Sciences may get affiliated with the
University subject to fulfillment of conditions laid down under Statutes and
Regulations made in this regard. (6)
Any privilege, enjoyed from any other
University before the appointed day by any Medical College or institution of
Health Sciences situated in this State, shall be deemed to be withdrawn with
effect from such date as may be notified by the Government. The
objectives of the University shall be to enrich the knowledge of different
streams of Health Sciences and to develop an environment conducive for research
in the concerned fields and their practical applications. The
prime objective of the University shall be to create centers and Institutes of
excellence in different streams of Health Sciences. Other objectives of the
University shall be as follows, namely: (1)
To develop professional education in
different streams of Health Sciences in response to the changing demands of the
modern world and society; (2)
To facilitate and encourage teaching,
research and extension in the matters connected with professional education in
different streams of Health Sciences; (3)
To facilitate and ensure qualitative
improvement in the teaching and learning processes and methodologies; (4)
To facilitate and ensure quality
research in the contemporary and frontier areas of knowledge in the field; (5)
To facilitate the needs for and
organize the process thereof for lifelong learning; (6)
To disseminate knowledge and research
findings emerging from the University, its institutions or otherwise across the
world; (7)
To establish uniformity in standards
of education in all faculties of Health Sciences including Modern System of
Medicine, Ayush, Dentistry, Nursing, Pharmacy, Various Paramedical disciplines
such as Medical Laboratory Technology, Physiotherapy & Occupational
therapy, Speech therapy, other Para Medical Courses and interdisciplinary
fields like Health Economics, Health Administration, Public Health Management
etc. with a view to augmenting and enhancing the quality of such education and
consistently aiming at modernizing, improving and achieving the highest
standards of academic excellence at all levels on mutual understanding of all
the systems of Health Sciences; (8)
To develop centres of excellence for
imparting State-of the-art education, training and research in the fields of
Health Sciences specially those which are not adequately included in the
syllabi and curricula of undergraduate and post-graduate medical courses. These
shall include population sciences, health systems research, health services
research, operational research, health systems and health services management,
health structure reforms, human resource development, educational technology,
bioinformatics and telematics, medical transcription, epidemiological research
technology, continuing education in Health Sciences, and any other branch of
Science as may be deemed expedient to be included. (9)
To facilitate creation and promote
knowledge centres in various areas of specialization and disseminate need based
relevant information electronically to the client; (10)
To serve as an agency of quality
improvement for teachers in their respective and interdisciplinary fields. (11)
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 make provision for providing,
upgrading and promoting professional and technical education, training and
research for advancement and dissemination of knowledge; (2)
To create and appoint teaching,
technical, administrative, managerial, advisory, ministerial and other support
services posts of the University; (3)
To hold examinations and grant,
subject to such conditions as the University may determine, diplomas or
certificates and confer degrees or other academic distinctions on the basis of
examinations, evaluations or any other method of testing and to withdraw any
such diplomas, certificates, degrees or other academic distinctions for good
and sufficient cause; (4)
To confer honorary degrees or other
distinctions in the manner prescribed by the Statutes; (5)
To institute prizes, medals, research
studentships, exhibitions and fellowships; (6)
To institute Chairs, Principalships,
Professorships, Readerships and Lectureships and other teaching and academic
positions, required by the University and to appoint persons to such Chairs,
Principalships, Readerships and Lectureships and other teaching and academic
positions; (7)
To recognize persons as Professors,
Readers/Associate Professor, or Lecturers/Assistant Professors and others as
teachers of the University; (8)
To appoint, on contract or otherwise,
visiting Professors, Emeritus Professors, Consultants, Scholars and such other
persons who may contribute to the advancement of the objects of the University; (9)
To provide for printing, reproduction
and publication of research and other works and to organize exhibitions,
workshops, seminars, conferences etc; (10)
To lay down conditions of services of
all categories of staff, including their code of conduct; (11)
To admit to its privileges, colleges
or institutions situated within the territorial jurisdiction of the University
as its affiliate, and to withdraw all or any of those privileges including the
complete affiliation in accordance with such conditions as may be prescribed by
the Statutes or Ordinances or Regulations; (12)
To cooperate or collaborate or
associate with any other University or authority or institutions of higher
learning in India or abroad or research bodies in such manner as may be
prescribed and for such purpose as the University may determine; (13)
To regulate examination fees and other
associated charges to be levied on the students of self-financing colleges and
institutions affiliated to the University; (14)
To determine standards of admissions,
examination, evaluation or any other method of testing unless determined by the
respective Apex Professional regulatory body for the institutions admitted to
the privileges of the University; (15)
To make arrangements for promoting the
health and general welfare of the teachers, staff and students and guide the
affiliate colleges and institutions admitted to the privileges of the
University for the same; (16)
To institute and award fellowships,
scholarships, studentships, medals and prizes; (17)
To formulate code of conduct for
management of affiliated colleges or institutions; (18)
To regulate and enforce discipline
among students and employees, and to take such disciplinary measures in this
regard as may be deemed necessary by the University; (19)
To receive benefactions, donations and
gifts and to acquire, hold, manage and dispose off any property, movable or
immovable, including trust and endowment properties, for the purpose of the
University; Provided
that no immovable property shall be disposed off except with the prior approval
of the State Government; (20)
To lend and borrow, with the approval
of the Executive Council, and in the matters related to borrowing money for the
purpose of the University on the security of the property of the University
prior approval of the State Government shall be obtained; (21)
To fix, demand and receive or recover
fees and such other charges as may be prescribed; (22)
To assess the needs in terms of
disciplines or subjects of studies, fields of specialization, levels of
education, skills and training of technical manpower in the State, both on
short term and long term basis, and to initiate necessary programmes to meet
these needs; (23)
To evolve a mechanism for securing
accountability of the teachers and other employees working for the University,
and for the affiliated colleges or institutions; (24)
To do all such other acts and things
as may be necessary, incidental or conducive to the attainment of all or any of
the objects of the University; (25)
To initiate measures to enlist the
co-operation of industries and Government to provide complementary facilities; (26)
To facilitate continuous
experimentation in imparting knowledge, training and preparation of textbooks
and instructional materials; (27)
To arrange for progressive
introduction of continuous evaluation and reorientation of the subjects in
educational measures; (28)
To further entrepreneurial ability
among its teachers and students; (29)
To educate the public with regard to
the requirement of, opportunities in the profession of Health Science and its
responsibilities and services to the society. (30)
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. In case of Post-Graduate courses it shall be
applied at the State level specialty wise. Provided
that this benefit shall be available only to the women domiciled in the State
of Bihar. In the absence of eligible women candidate, 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 Senate. (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 maybe; (4)
The Chancellor shall, in every case,
give notice to the University or to the Governing Body of the colleges or
institutions of his intention to cause an inspection or inquiry to be made and
the University or the Governing Body, 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 Governing Body, the Chancellor may cause
to be made such inspection or inquiry as is referred to in sub- section (2). (6)
Where an inspection or inquiry has
been caused to be made by the Chancellor, the University or the Governing Body
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 admitted to the
privileges of the University, address the Governing Body 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 there on. (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 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 Ordinances; 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 of Faculties; (3)
The Registrar; (4)
The Finance Officer and such officers
as may be prescribe by the Regulation (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 Health
Sciences education or an eminent Health Practitioner or an administrator with
an academic background of Medical Science having adequate experience in human
resource development. (2)
The Vice Chancellor shall be appointed
by the Chancellor in consultation with the Minister, Department of Health,
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 fresh recommendations; (3)
The Screening Committee referred to in
sub-section (2) shall consist of three members of -
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 are sponsored by some reputed persons or institutions
in the field of Health Sciences. (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 and
he shall be eligible for re-appointment for further terms; 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 shall be seventy-five years. (6)
The emoluments and other conditions of
service of the Vice Chancellor shall be as prescribed by the Statutes; (7)
In the event of the Office of the Vice
Chancellor becoming 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 with
requisite eligibility to perform the functions of the Vice Chancellor until the
new Vice Chancellor assumes his office or until the existing Vice Chancellor is
in the capacity to attend 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 of 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 with respect to 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 and the
Planning Board of the University. (6)
The Vice Chancellor shall, in the
absence of the Chancellor, preside at any convocation of the University and
meetings of the Senate. (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, or (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 as may be prescribed by the Statutes, 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: (i)
The Senate; (ii)
The Executive Council; (iii)
The Academic Council; (iv)
The Board of Studies; (v)
The Board of Planning; (vi)
The Board of Affiliation; (vii)
The Finance Committee; and (viii)
Such other authorities as may be
declared by the Statutes to be the authorities of the University. (1)
The Senate shall consist of the
following members, namely - (i)
The Chancellor; (ii)
Minister, - Department of Health,
Government of Bihar ; (iii)
Minister - Department of Education,
Government of Bihar ; (iv)
Minister - Department of Finance,
Government of Bihar ; (v)
MLA & MLC as nominated by the
Government or rotation basis for one year. Two members of Bihar Vidhan sabha
and one member of Bihar Vidhan Parishad ; (vi)
Chief Secretary, Govt. of Bihar ; (vii)
The Vice-Chancellor; (viii)
The Additional Chief
Secretary/Principal Secretary/Secretary, Department of Health Government of
Bihar; (ix)
The Additional Chief
Secretary/Principal Secretary/Secretary to Department of Education, Government
of Bihar or an officer not below the rank of Joint Secretary in charge of
Higher Education nominated by him ; (x)
The Additional Chief
Secretary/Principal Secretary, Finance Department Government of Bihar or an
officer not below the rank of Joint Secretary nominated by him ; (xi)
The Secretary/Special
Secretary/Additional Secretary/Joint Secretary to Government, Health
Department, in charge of Medical Education; (xii)
The Director in Chief (Medical
Education;), Government of Bihar (xiii)
The Director in Chief, (Nursing &
Paramedical), Government of Bihar; (xiv) The Registrar; (xv)
President - Students Association. (xvi) Director, All India Institute of Medical Sciences, Patna. (xvii) Director, Indira Gandhi Institute of Medical Sciences,
Patna. (xviii)
Five Principals comprising of one
Principal from affiliated Government Medical Colleges, One Principal from
Government Dental Colleges, One Principal from Government Ayush Colleges, One
Principal from Government Nursing Colleges and one Principal from Government
Pharmacy College/Government Physiotherapy and Occupational Therapy
College/Government Paramedical Institutes to be nominated by the Government it
rotation for a period of 3 Years. (xix) Four Persons to be nominated by the Government from amongst
eminent persons having knowledge or interest in Health Sciences, subject to the
condition that, out of these one shall be a person belonging to Scheduled
Castes/Scheduled Tribes, and one shall be a woman. (xx)
One representative each from all Apex
Professional Regulatory Bodies. (xxi) One person elected from amongst the Academic,
administrative and Managerial employees to the University. (2)
The Registrar shall be the ex-officio
Secretary of the Senate. (3)
Where a person has become a member of
the Senate by reason of the office or appointment he holds, his membership
shall terminate when he ceases to hold that office or appointment; (4)
The term of office of the nominated
and elected members of Senate other than the ex officio members shall be three
years; (5)
A member of the Senate 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 Senate
without the leave of the Chancellor. (6)
A member of the Senate 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 (7)
Any vacancy in the Senate 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. (1)
The Senate 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 prescribe the
procedures to be followed by the authorities and the officers of the University
in the discharge of their function. (2)
(1) The Senate shall meet at least
twice a year on dates to be fixed by the Chancellor and one of such meetings
shall be called the annual meeting. (2)
The Chancellor may, whenever he thinks fit and shall. Upon a requisition in
writing signed by not less than fifteen members of the Senate, convene a
special meeting of the Senate. (3)
For every meeting of the Senate, fourteen days notice shall be given, However,
in emergent situation the meeting of the Senate may be called by the Chancellor
at short notice; (4)
One third of the members existing on the rolls of the Senate shall form the
quorum. (5)
Each member shall have one vote and if there be equality of votes on any
question to be determined by the Senate, the person presiding over the meeting
shall, in addition, have a casting vote; (6)
To exercise such other powers and perform such other duties as may be conferred
or assigned by this Act or the Rules. (a)
The Executive Council shall be the
principal executive body of the University. (b)
The Executive Council shall consist of
the following person; namely. (i)
The Vice-Chancellor of the University. (ii)
Additional Chief Secretary/Principal
Secretary/Secretary, Department of Health, Government of Bihar or his
representative not below the rank of Joint Secretary; (iii)
Additional Chief Secretary/Principal
Secretary/Secretary, Department of Education, Government of Bihar or his
representative not below the rank of Joint Secretary; (iv)
Additional Chief Secretary/Principal
Secretary/Secretary, Department of Finance, Government of Bihar or his
representative not below the rank of Joint Secretary; (v)
Director in Chief, Medical Education,
Government of Bihar. (vi)
Director in Chief, Paramedical and
Nursing, Government of Bihar; (vii)
The Registrar of the University; (viii)
Three teachers to be nominated by the
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 Government Medical/other colleges. (c)
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; (1)
The term of office of the nominated
members of the Executive council other than ex officio members shall be three
years; (2)
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 full-time appointment in the University; (3)
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; (4)
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. (d)
Powers, functions and meetings of the
Executive Council. (i)
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 here under. (ii)
The Executive Council shall have the
following powers and functions. (a)
To prepare annual meeting report. (b)
A report on the working of the
University; (c)
A Statement of accounts; and (d)
Budget proposal for ensuing academic
year. (e)
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; (f)
To transfer or accept transfers of any
movable or immovable property on behalf of the University; (g)
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; (h)
To provide buildings, premises,
furniture and apparatus and other means needed for carrying on the work of the
University; (i)
To entertain, adjudicate upon, and if
it thinks fit, to redress any grievances of the students and the employees of
the University; (j)
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; (k)
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; (l)
To select a common seal for the
University; and (m)
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. (iii)
(a) The Executive Council shall meet
at least once in four months and not less than fourteen days' notice shall be
given of such meetings; (b)
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; (c)
One half of members of the Executive Council shall form the quorum at any
meeting; (d)
In case of difference of opinion among the members, the opinion of the majority
shall prevail; (e)
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; (f)
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; (g)
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 person, namely; (i)
The Vice-Chancellor who shall be the
Chairman; (ii)
All Deans (iii)
Chairperson, Board of Studies (iv)
Three person from amongst
educationists of repute or men of letter or members of the learned professions
or eminent public men, who are not in the service nominated by the Chancellor; (v)
One Nominee each of the Apex
Professional Regulatory Bodies; (vi)
Director in Chief, Medical Education,
Government of Bihar; (vii)
Ten Principals of the Government
Medical/other Health Sciences colleges of Bihar on rotation for a period of
three years to be nominated by Government of Bihar; (viii)
Four members of the teaching staff ;
one each respectively representing the Professor, Associate Professor, Assistant
Professors and one Senior Resident/Tutor of Government Medical/other Health
Science Colleges, nominated by the Vice-Chancellor; (ix)
Director Indira Gandhi Institute of
Medical Sciences. (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
syllabi 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)
The Board of Planning shall be
constituted consisting of the following:- (a)
The Chancellor (b)
The Honorable Minister, Department of
Health, Government of Bihar (c)
The Vice-Chancellor (d)
The Chief Secretary, Government of
Bihar (e)
Additional Chief Secretary/Principal
Secretary/Secretary, Department of Finance, Government of Bihar; (f)
Additional Chief Secretary/Principal
Secretary/Secretary, Department of Education, Government of Bihar; (g)
Additional Chief Secretary/Principal
Secretary/Secretary, Department of Health, Government of Bihar; (h)
Principal, Patna Medical College and
Hospital; (i)
Director Indira Gandhi Institute of
Medical Sciences & All India Institute of Medical Sciences, Patna; (j)
Director in Chief, (Medical Education),
Government of Bihar; (k)
Two eminent Professors nominated by
the Chancellor (l)
Nominee of National Medical
Commission; (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. (1)
The Board of Affiliation shall be
responsible for admitting colleges and institutions to the privileges of 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 manner of appointment of the
teachers of the University, other academic staff or other employees and their
emoluments; (5)
The manner of appointment of teachers
and other academic staff working in any other university for a specified period
for undertaking a joint project, their terms and conditions of service and
emoluments; (6)
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 and those of colleges and institutions; (7)
The Principles governing the seniority
of employees of the University, colleges and institutions; (8)
The procedure for arbitration in cases
of dispute between employees or students and the University; (9)
The procedure for appeal to the
Executive Council by an employee or student against the action of any officer
or authority of the University; (10)
The conditions under which colleges
and institutions may be admitted to the privileges of the University and the
conditions under which such privileges may be withdrawn; (11)
The constitution of governing bodies
of colleges and institutions admitted to the privileges of the University and
the supervision and inspection of such colleges and institutions; (12)
The extent of the autonomy which a
college or an institution declared as an autonomous college or institution may
be exercised; (13)
The conferment of honorary degrees; (14)
The withdrawal of degrees, diplomas,
certificates and other academic distinctions; (15)
The institution of fellowships,
scholarships, studentship, medals and prizes and other incentives; (16)
The maintenance of discipline among
the employees and students of the University, and of colleges and institutions; (17)
The establishment of chairs, schools
of studies, departments, colleges and institutions; (18)
The delegation of powers vested in the
authorities or the officers of the University; (19)
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 Senate. (2)
The Senate may, from time to time,
make new or additional Statutes or may amender repeal the Statutes referred to
in sub-section(1): Provided
that the Senate 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
Senate. (3)
Every new Statute or addition to the
Statutes or any amendment or repeal thereof a Statute shall require the assent
of the Chancellor, who may assert thereto or withhold his assent or remit it to
the Senate for reconsideration. Provided
that if the Chancellor does not convey his decision within ninety days of the
reference received by him, the Chancellor shall be deemed to have given his
assent to the Statute. 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 Regulations may provide for all or
any of the following matters, namely: (a)
the admission and enrolment of
students to the University and institutions maintained by or admitted to the
privileges of the University; (b)
the courses of study to be laid down
for all degrees, diplomas and certificates; (c)
the medium of instructions and
examinations; (d)
the award of degrees, diplomas,
certificates and other academic distinctions, the qualifications for the same
and the means to be taken relating to the granting and obtaining the same; (e)
the fees to be charged for courses of
study in the University and for admission to the examinations, degrees and
diplomas of the University; (f)
the institutions of, and conditions
for award of fellowships, scholarships, studentships, medals and prizes; (g)
the conduct of examinations, including
the terms of office and manner of appointment and the duties of examining
bodies, examiners and moderators; (h)
the conditions of residence of
students and their general discipline; (i)
the management of colleges and
institutions maintained by the University; (j)
the establishment of Centres,
Institutes, Board of Studies, Specialized Laboratories and Committees; (k)
the creation, composition and
functions of any other body which is considered necessary for improving the
academic life of the University; (l)
the manner of cooperation and
collaboration with other Universities, Institutions and other Agencies
including learned bodies or associations; (m)
the setting up of a machinery of
redressal of grievances of employees; (n)
the categories of misconduct for which
action may be taken under this Act or the Statutes or the Regulations; and (o)
All other matters which, by or under
this Act or the Statutes, are to be or may be, provided for by the Regulations. (2)
The first Ordinances shall be made by
the Vice-Chancellor with the prior approval of the Government and the
Ordinances so made may be amended, repealed or added to at any time by the
Government in such manner as prescribed by the Statutes. (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 Senate on or after
such date as may be prescribed by the Statutes and the Senate shall consider in
its annual meeting to be held compulsory every year in the month of
August/September. (2)
The Senate 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: (a)
its income from fees, grants,
donations and gifts, if any; (b)
any contribution or grant made by
national/international agencies, the Central Government, University Grants
Commission, All India Council for Technical Education or like authority, any
local authorities or any corporation owned or controlled by the Government and; (c)
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. (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 Senate and the
Chancellor through the Government, 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 Senate and the
observations of the Senate, 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 of the University, Colleges or of an Institution admitted
to its privileges 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. 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 and the Statutes; (1)
The first Vice-Chancellor, the first
Registrar and the first Finance Officer shall be appointed by the Government
and each of the said officers shall hold office for a term of Three Years; (2)
The first Court and the first
Executive Council shall consist of not more than eleven members who shall be
nominated by the Government and shall hold office for a term of Three Years;
and Provided
that if, any vacancy occurs in the above-mentioned offices or authorities, the
same shall be filled by appointment or nomination, as the case may be, by the
Government, and the person so appointed or nominated shall hold office for so
long as the officer or member in whose place he is appointed or nominated would
have held office if such vacancy had not occurred. (3)
Notwithstanding anything contained in
this act 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. (1)
Every Statutes or Regulation made
under this Act shall be published in the official Gazette. (2)
Every Statute or Regulation made under
this Act shall be laid, as soon as it is made, before the Houses of the
Legislature, while it is in session, for a total period of fourteen days which
may comprise of one session or two or more successive sessions. (3) If before the expiry of the session immediately following
the session or the successive sessions aforesaid, the Houses agree in making
any modification in the Statutes or Regulation or both Houses agree that the
Statute or Regulation should not be made, the Statute or Regulation shall
thereafter have effect only in such modified form or be no effect as the case
may be. However, any such modification or amendment shall be without prejudice
to the validity of anything previously done under the concerned position of
that Statute or Regulation.THE BIHAR
UNIVERSITY OF HEALTH SCIENCES ACT, 2021
PREAMBLE