BIHAR STATE UNIVERSITIES ACT, 1976

Act No. 23 of 1976

An Act to establish and incorporate Affiliating-cum Teaching Universities at Muzaffarpur, Bhagalpur, Ranchi, Gaya (Bodhgaya) and Darbhanga in the Stale of Bihar. Be it enacted by the Legislative of the Stale of Bihar in the twenty-seventh year of the Republic of India as follows:-1 1. Published in Bihar Gazette (ex-ord.) dated 16.5.1977.

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S.1 Short title and commencement

(1) This Act may be called the Bihar State Universities Act, 1976.

(2) It shall come into force at once.

S.2 Definitions

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

• (a) "annual meeting" means one of the meetings of the Senate to be held every year under sub-section (1) of Section 18 and declared by the statutes to be the annual meeting of the Senate;
• (b) "autonomous institution" means any institution declared as such under this Act and includes a College also;
• (c) "affiliated College'' means educational institution having received privileges of the University according to the provisions of this Act and University Statutes relating thereto;
• (d) "Academic Council" means the Academic Council of the University;
• (e) "Chancellor" means the Chancellor of the University;
• 1[(f) 'College' means an institution maintained or controlled by the University or maintained by the State Government in which instruction is given subject to the provisions contained in clause (16) of Section 4 to the students of the Univers
  

S.3 Establishment and incorporation of Universities

1[3. Establishment and incorporation of Universities

2[(1) The following Universities shall be established from the date of commencement of this Act:-

• (a) Baba Saheb Bhimrao Ambedkar Bihar University having the headquarters at Muzaffarpur and the jurisdiction over the whole of the Tirhut Division.
• (b) Jai Prakash University having the headquarter at Chapra and the jurisdiction over the whole of the Saran Division.
• (c) Tilka Manjhi Bhagalpur University having the headquarters at Bhagalpur and the jurisdiction over the whole of the Bhagalpur Division.
• (d) Siddhu Kanhu University having the headquarters at Dumka and the jurisdiction over the whole of the Dumka Division.
• (e) Ranchi University having the headquarters at Ranchi and the jurisdiction over the whole of the South Chhotanagpur Division.
• (f) Vinoba Bhave University having the headquarters at Hazaribagh and the jurisdiction over the whole of
  

S.4 Purposes and powers of the University

(1) There shall be the following purposes and powers of the University:-

• (1) (a) to provide for imparting instruction in such branches of learning as the University may think fit including professional studies and technology; and
• (b) to provide for research and for the advancement and dissemination of knowledge.
• (2) to conduct examinations and to grant and confer degrees, diploma, certificate and other academic distinctions to and upon persons who-
• (a) have pursued an approved course of study in the University and passed the examination of the University, under the conditions laid down in the Statutes, the Ordinances or the Regulation;
• (b) are teachers, librarians and laboratory assistants in educational institutions or any other persons under such conditions as may be prescribed in the Statutes, the Ordinances and the Regulations and have passed the examination of the University under like conditions; or
• (c) have carried on
  

S.5 University open to all classes, castes and creeds

No person shall be excluded from membership of any of the authorities of the University or from admission to any degree or course of study on the sole ground of sex, race, descent, class, caste or political belief. It shall not be lawful for the University to adopt or impose on any person any test whatsoever relating to religious or political belief or profession, in order to entitle him to be admitted thereto as a teacher or student, or to hold any office or appointment therein, or to graduate thereat, or to enjoy or exercise any privilege thereof, except where in respect of any particular benefaction accepted by the University, such test is made a condition thereof by any testamentary or other instrument creating such benefaction:

Provided that nothing contained in this section shall restrain the University from reserving posts and appoinments in favour of 1[scheduled castes, scheduled tribes, backward classes, women and economically weaker sections.]

S.6 Teaching of the University

(1) All recognised teaching in connection with University courses shall be conducted through the Colleges and through departments maintained by the University, subject to general control of the Vice-Chancellor, and shall include lecturing, work in laboratories or workshops, and other teaching work conducted in the University and the College by the University Professors, Readers, Lecturers and other teachers in accordance with any syllabus prescribed by the Regulations.

(2) The authorities responsible for organising such teaching shall be prescribed by the Statutes.

(3) The courses and curricula shall be prescribed by the Regulations.

(4) In addition to recognised teaching, tutorial and other supplementary instruction shall be given in the colleges subject to the control of the University or in the department maintained by the University.

(5) (i) It shall not be lawful for the University or for any College to maintain classes for the purposes of preparing

S.7 Officers of the University

1[The following shall be the officers of the University:-

• (1) The Chancellor,
• (2) The Vice-Chancellor,
• (3) The Pro Vice-Chancellor,
• (4) The Financial Adviser,
• (5) The Dean, Students' Welfare,
• (6) Proctor,
• (7) Registrar,
• (8) Inspector of Colleges,
• (9) Finance Officer, and
• (10) Such other person or persons as may be declared officers of the University by the Statutes.]

1. Substituted by Act 68 of 1982.

S.8 Transfer of Officers

1[Officers of the University under serial nos. 4 to 9 of Section 7, may be transferred by the Chancellor to another University on the same or any other equivalent post or within the University on any other equivalent post.]

1. Substituted by Act 3 of 1990.

S.9 The Chancellor

(1) The Governor of Bihar shall be the Chancellor and shall, by virtue of his office, be the head of the University and the President of the Senate, and shall, when present, preside over meetings of the Senate, and at any convocation of the University.

(2) The Chancellor shall have the powers to inspect the University, its buildings, laboratories, workshops and equipment, any College or hostel, the teaching or examinations conducted, or any act done by the University, and to get such inspection done by such person or persons who may be directed by him and to inquire or to cause an inquiry made, in like manner, in respect of any matter connected with the University 1[and it shall be the duty of the officers of the concerned University and College to render necessay assistance in such inspection:]

Provided that the Chancellor shall, in every case, inform the Vice-Chancellor of his intention to inspect or inquire or to get the inspection or inquiry conducted a

S.10 The Vice-Chancellor

1[(1) (i) Persons of the highest level of competence, integrity, morals and institutional commitment are to be appointed as Vice-Chancellors. The Vice-Chancellor to be appointed should be a distinguished academician, with a minimum of ten years of experience as Professor in a University system or ten years of experience in an equivalent position in a reputed research and/or academic administrative organization.

(ii) The selection of Vice-Chancellor should be through proper identification of a Panel of 3-5 names by a Search Committee through a public notification or nomination or a talent search process or in combination. The members of the above Search Committee shall be persons of eminence in the sphere of higher education and shall not be connected in any manner with the University concerned or its colleges. While preparing the panel, the search committee must give proper weight age to academic excellence, exposure to the higher education system in the country a

S.11 Removal of the Vice-Chancellor

(1) If at ay time and after such inquiry 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, the Ordinances, or
• (ii) has acted in a manner prejudicial to the interests of the University, or
• (iii) is incapable in managing the affairs of the University, then 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 reason therefor, 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-Chancel lor.

(3)

S.12 Pro-Vice-Chancellor

1[12. Pro-Vice-Chancellor

2(1) The Pro Vice-Chancellor shall be appointed by the Chancellor in consultation with the State Government in the same manner as prescribed for appointment of Vice-Chancellor.]

(2) The Pro-Vice-Chancellor shall be a whole-time officer of the University. He shad hold office, on such conditions as may be determined, by the Chancellor, in consultation with the State Government, for a period not exceeding three years during the pleasure of the Chancellor.

3[(3) Where the person appointed as Pro-Vice-Chancellor gets pension from the Central or the State Government or any University or from Government or any University or from any other source, the amount of pension due to him from such source shall be deemed to be the part of his salary as Pro-Vice-Chancellor.]

3[(4) Subject to the provisions of this Act, the Pro-Vice-Chancellor shall exercise such powers and perform such duties as may be

S.12A Financial Adviser

1[(1) The Financial Adviser shall be a whole time officer. He shall be appointed by the Chancellor either on deputation or by re- employment from amongst the officers of the Indian Audit and Accounts Services or from any other Accounts Service of Government of India. Until such an officer is appointed the present incumbent may continue to work as the Financial Adviser.

(2) The terms and conditions of service of the Financial Adviser shall be determined by the Chancellor in consultation with the State Government and he shall ordinarily hold the post for three years.

(3) In all proposals having financial implication the advice of the Financial Adviser shall be mandatory.

(4) The Financial Adviser shall be ex-officio member of the Finance Committee.

(5) The Financial Adviser shall work under the Administrative control of the Vice-Chancellor and Finance Officer shall work directly under the control of the Financial Adviser.

(6) It shall be

S.13 Arrangement of work during temporary absence of the Vice-Chancellor

1 [ (1) During the temporary absence of the Vice-Chancellor by reason of leave, illness or for any other cause, the information of which shall immediately be communicated to the Chancellor by the Vice-Chancellor, the Pro-Vice-Chancellor or the Registrar, the Chancellor may make such arrangement for the performance of the duties of the office of the vice-Chancellor as he deems fit:

Provided that until such arrangement is made, in case of the temporary absence of the Vice-Chancellor, it shall be lawful for the Pro-Vice-Chancellor, to perform the duties of the Vice-Chancellor.

(2) In case of vacancy of the post of the Vice-Chancellor caused due to resignation, death, completion of the term or any other reason the Chancellor on the basis of the information received from the Pro-Vice-Chancellor or Registrar or any other source, may make such arrangements for the performance of the duties of the office of the Vice-Chancellor, as he deems fit.]

1. Subst

S.14 The Dean of Students' Welfare

(1) The Dean of Students' Welfare shall be appointed by the Vice-Chancellor for a period of two years from amongst the University Professors, Readers or Principals:

1[Provided that if the Vice-Chancellor thinks it necessary for administrative reasons he may revert the Dean to his original post and appoint another person as Dean for the unexpired period.]

(2) The duties, powers and functions of the Dean of Students' Welfare shall be prescribed by the Statutes.

(3) The teacher appointed as the 1[Dean, Students' Welfare] under sub-section (1) shall hold lien on his original post, and he shall be eligible for all the benefits which would have otherwise accrued to him, in case he would not have been appointed as 1[Dean, Students' Welfare].]

1. Substituted by Act 68 of 1982.

S.14A Proctor

1[(1) The Vice-Chancellor shall appoint 'Proctor' from amongst such teachers of the University as are not below the rank of Reader.

(2) His tenure shall be of two years and on the expiry of his tenure, he may again be appointed:

Provided that if at anytime the Vice-Chancellor thinks it proper on administrative grounds, he may send the Proctor back to his original post and appoint another person as Proctor for the unexpired period of his term.

(3) In case of vacancy of the Proctor caused due to resignation or illness or any other reason his duties shall be discharged by person appointed for the purpose by the Vice-Chancellor.

(4) Duties of the Proctor shall be determined by the Statutes.]

2[]

1. Inserted by ibid.

2. Inserted by Act 68 of 1982.

S.15 The Registrar

1[(1) Notwithstanding any provisions of the Act, if the Chancellor thinks fit, he may request the State Government, Central Government, University Grants Commission or any University to send names of suitable officers for the post of Registrar, and in that case State Government, Central Government, University Grants Commission or any University may send the name of one or more officers for consideration for appointment as Registrar under such terms and conditions of service, as he may consider fit, and then the Chancellor shall appoint the Registrar from amongst them.

(2) The Registrar shall be whole time officer of the University and he shall act as Secretary to the Senate, the Syndicate and the Academic Council and shall:-

• (a) be the custodian of the records, the common seat and such other properties of the University as the Vice-Chancellor and the Syndicate shall commit to his charge :
• (b) conduct the official correspondence of the Univers
  

S.16 The Finance Officer

The Finance officer shall be a whole-time officer of the University and shall act as Secretary to the Finance Committee, and shall exercise such powers and perform such duties as may be prescribed by the Statutes, the Ordinance the Regulations and the Rules or as may, from time to time, be conferred, or imposed on him by the Senate, the Syndicate, the Vice-Chancellor, the 1[Financial Adviser] or the Registrar.

1. Substituted by Act 68 of 1982.

S.17 Authorities of the University

The following shall be the authorities of the University, namely:-

• (1) the Senate;
• (2) the Syndicate;
• (3) the Academic Council;
• (4) the Faculties;
• (5) the Examination Board;
• (6) the Finance Committee;
• (7) the Planning and Evaluation Committee; and
• (8) such other authorities as may be declared to be the authorities of the University by the Statutes.

S.18 The Senate

The Senate shall consist of the following persons, namely:-

Ex-Officio Members.

• (1) the Chancellor;
• (2) the Vice-Chancellor;
• (3) the Pro-Vice-Chancellor;
• (4) 1[Commissioner and Secretary, Higher Education]
• (5) the Director of Higher Education, Bihar;
• (6) the Director of Health Services, Bihar;
• (7) the Director of Technical Education, Bihar;
• (8) the Deans of Faculties;
• 2[(9) Half of such of the Heads of University Departments as are not Deans shall be nominated by the Chancellor in rotation.
• (10) Ten Principals of Colleges maintained by the University as are not Deans to be nominated by the Chancellor in rotation.
• (11) Five Professors/Readers admitted to the privileges of the University in the manner prescribed in the Statutes, are not Deans shall be nominated by the Chancellor in rotation.]

Life Members.

• (12) all ex-Vice-Chan
  

S.19 Term of office of members of the Senate

1[(1)] The term of office of members of the Senate other than the ex-officio members, the members whose terms has been specified under this Act and the Life members, shall be three years from the date of their election or nomination, as the case may be, and shall include any further period which may elapse between the expiration of the said three years and the date of the next succeeding election or nomination not being an election or nomination to fill up any casual vacancy under Section 64 :

Provided that a member elected, or nominated as a representative of any body shall be deemed to have vacated office with effect from the date on which he ceases to be a member of the body which elected or nominated him:

Provided that the tenure of office of the elected members under sub-section (19) of section 18 shall be one year with effect from the date of their election.

2[(2) The Senate shall have perpetual succession and any of its acts or proc

S.20 Meetings of the Senate

1[(1) The Senate shall meet twice a year, on dates to be fixed by the Vice-Chancellor, which shall be called ordinary meetings of the Senate and one of them shall be declared by the Statutes to be the annual" meeting of the Senate in which the Budget of the University for the next year shall be passed.

(2) The Vice-Chancellor may, whenever he thinks fit, and shall, upon a requisition in writing signed by not less than one-third of the total number of members of the Senate, 1[convene only one special meeting of the Senate in a year.]

1. Substituted by Act 68 of 1982.

S.21 Powers and duties of the Senate

(1) Subject to the provisions of this Act and Statutes, the Senate shall be the supreme governing body of the University,' and shall exercise control over all the affairs and properties of the University, and shall exercise all such powers as are not otherwise specified by this Act.

(2) In particular and without prejudice to the generality of the foregoing powers, the Senate shall exercise the following powers and perform the following duties, namely-

• (a) of making the Statutes and amending or repealing the same;
• (b) of considering the Statutes and the Regulations, and amending or repealing the same;
• (c) of passing resolution after having considered the annual report, the annua! account, the financial estimates and audit report on such accounts;
• (d) of exercising the powers for the purpose of control in Colleges and Tots, and of superintendence which include affiliation and disaffiliation of Colleges:

Provided that affili

S.22 The Syndicate

1[(1) The Syndicate shall be the Executive Council of the University and it shall consist of the following members:-

• (a) Vice-Chancellor;
• (b) Pro-Vice-Chancellor;
• (c) Commissioner-cum-Secretary of Higher Education or his representative not below the rank of the Joint Secretary;
• (d) Director, Higher Education;
• (e) Dean, Students, Welfare, and Proctor;
• (f) Two Heads of the University Departments, to be nominated by rotation as prescribed by the Statutes, whose term of office shall be for one year from the date of nomination;
• (g) Two Principals of Colleges maintained by the University, to be nominated by rotation as prescribed by the Statutes, whose term of office shall be for one year from the date of nomination;
• (h) Two from amongst Professors and Readers of the University other than the University Heads of Departments and two such Lecturers as have a minimum of five years of teaching experience,
  

S.23 Powers and duties of the Syndicate

1[The Syndicate shall-

• (a) hold, control and manage the property and funds of the University;
• (b) regulate the use of the common seal of the University;
• (c) subject to the powers conferred, by or under this Act, on the Vice-Chancellor and the Academic Council, determine and regulate all matters concerning the University in accordance with this Act, the Statutes and the Regulation;
• (d) manage any funds placed at the disposal of the University for specified purpose;
• (e) have power to accept transfers on behalf of the University of any movable or immovable property to and for the benefit of the University or a College;
• (f) make Ordinances, and shall amend or repeal them, and
• (g) exercise such other powers and perform such other duties as are conferred or imposed on it by this Act, or the Statutes.]

1. Substituted by Act 3 of 1990.

S.24 The Academic Council

(1) The Academic Council shall consist of-

• (1) the Vice-Chancellor;
• (2) the Pro-Vice Chancellor;
• (3) the Deans of Faculties;
• (4) the Director, Higher Education, Bihar;
• (5) all Heads of University Departments;
• 1[(6) 50 per cent of the Principals maintained by the University to be nominated by the Vice-Chancellor in rotation;]
• (7) all Principals of colleges maintained by the State Government;
• 1[(8) Five Principals of affiliated colleges to be nominated by the Vice-Chancellor in rotation.]
• (9) 1[Six] teachers, other than Deans, Professors and Heads of University Departments, who shall in the manner prescribed by the Statutes, be elected by the Senate in such a way that each Faculty may get representation;
• (10) not more than two experts outside the University service, to be co-opted by the Academic Council for specific purposes according to need;
• (11)
  

S.25 Powers and duties of the Academic Council

The Academic Council shall be the Chief academic body of the University and shall-

• (a) subject to the powers conferred by or under this Act on the Vice-Chancellor and on the Syndicate, determine and regulate all academic matters concerning the University in accordance with this Act and the Statutes;
• (b) have the powers of superintendence and control over and be responsible for the maintenance of standards of instruction and education including the conduct of post-graduate teaching and the promotion of research work in the University;
• (c) exercise supervision and control over the conduct of teaching in the colleges in such manner as may be prescribed by the Statutes;
• (d) subject to provision of section 29, have powers of general control over the Examination Board, and may review the results of University Examinations; and
• (e) exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statute
  

S.26 The Faculties

(1) The University, other than the Kameshwar Singh Darbhanga Sanskrit University, may include the Faculties of Arts, Science, Commerce, Medicine, Law, Education, Engineering and Such other Faculties as may be prescribed by the Statutes:

Provided that no Faculty shall be created by the Senate in respect of any branch of learning for the instruction of which no provision exists in any department of the University or any of its colleges.

(2) Each Faculty shall, subject to the control of the Academic Council, have charge of the courses of studies, teaching and research work in such subjects as may be assigned to such Faculty by the 1[Statutes].

(3) The total number of members of each Faculty shall not exceed such as may, from time to time, be prescribed by the Statutes.

(4) Subject to the provisions of sub-section (3) each Faculty shall consist of-

• (a) such number of members of the Senate as are teachers and as may be assigned to each
  

S.27 Faculties of the Kameshwar Singh, Darbhanga Sanskrit University

(1) The Kameshwar Singh Darbhanga Sanskrit University may include the following Faculties and such other Faculties, as may be prescribed by the Statutes-

• (i) Faculty of Vedas including Agam, Tantra and karmkand;
• (ii) Faculty of 1[Darshan] including Budha, Jain and Western Philosophy;
• (iii) Faculty of astrology;
• (iv) Faculty of Ayurved including modern medicine;
• (v) Faculty of Purans including Dharmshashtra, History and Geography;
• (vi) Faculty of literature and linguistics and Faculty of Grammer together with languages other than Sanskrit;
• (vii) Faculty of Sociology including Economics, Political Science and music:

Provided that the Senate shall not create any Faculty in respect of any such branch of learning for which no teaching arrangement is available in any department of the University or in any of its colleges.

(2) Each Faculty shall, subject to the control of the Academic Counci

S.28 Departmental Council

(1) There shall be a Departmental Council for each University Department and each college consisting of the following members-

• (i) the Head of the Department:
• (ii) ail teachers of the Department:
• (iii) two students-one nominated by the Vice-Chancellor and the another by the Head of the Department for each academic year.

(2) The Departmental Council shall, from time to time, review the activities of the Department and suggest ways of its improvement.

This Council shall meet at least thrice in a year on dates to be appointed by the Head of the Department. In between its two meetings, there shall not be an interval of more than three months.

S.29 The Examination Board

1[(1) Subject to the provisions of the Regulation, advice shall be given in respect of conduct of examinations by the Examination Board. The Examination Board shall consists of the Vice-Chancel lor as Chairman and Deans of the Faculties of Arts, Science and Commerce as members.

Provided that if the examination concerns any other faculty, the Dean of that Faculty shall be co-opted as a member for that meeting.]

(2) The Examination Board shall render advice to the Vice-Chancellor on conduct of examinations and appointment of examiners, setting and moderating question papers, preparation, moderation and publication of examination results, submission of such examination results to the Academic Council, and generally regulating the methods of improvement in the procedure of correct evaluation of achievements of students, and the Vice-Chancellor shall be competent to take final decision:

Provided that the Vice-Chancellor shall appoint the question setters

S.30 Holding of examinations

(1) The examination of the University shall be held from such date, as may be appointed by the State Government by a notification in the official Gazette :

Provided that where the State Government is satisfied that it is not possible to hold examinations in accordance with the said notification, it shall, in consultation with the Vice-Chancellor, appoint revised dates of examinations and the revised dates shall be notified in the official Gazette.

(2) Results of examinations shall be published within sixty days of the completion of the concerned examination, which may be extended to a period beyond sixty days for reasons to be recorded in writing.

1[(3) Person appointed for invigilation or any other related work in connection with the conduct of college or University examinations shall be deemed to be a public servant within the meaning of the Indian Penal Code, 1860.]

1. Inserted by Act 68 of 1982.

S.31 The Planning and Evaluation Committee

(1) There shall be a Planning and Evaluation Committee for the purposes of preparing plan programme of development and improvements of the University and in its courses of study, examining and evaluating, from time to time, the progress achieved in such plans and programmes, testing and evolving new methods of teaching, and for consultation and exchange of informations with similar organisations, other Universities and research institutes for any of these purposes.

(2) The Committee shall consist of the following members :

• (a) Vice-Chancellor;
• (b) Pro-Vice-Chancellor;
• (c) one person to be nominated by the State Government;
• (d) three Deans of Faculties to be appointed in the manner as prescribed by the Statutes;
• (e) two members of the Syndicate to be nominated by it;
• (f) two members of the Academic Council to be nominated by it;
• (g) three heads of Departments to be nominated by the Vice-Chancellor every year,
  

S.32 The Research Council

1[(1) There shall be a separate Post-Graduate, Research Council in each faculty of the University for the registration and proper guidance of research work which shall work under the general control of the Academic Council.]

(2) The Post-Graduate Research Council shall consist of the following persons:-

• (a) the Vice-Chancellor;
• (b) the Pro-Vice-Chancellor;
• (c) the Dean of the concerned Faculty;
• (d) all University Professors of the concerned Faculties and heads of those Departments which have no University Professors; and
• (e) four teachers of the concerned Faculty to be nominated by the Vice-Chancellor in each academic year.

1. Substituted by Act 68 of 1982.

S.33 Other authorities of the University

The constitution, powers and duties of such other authorities, as may be declared by the Statutes to be authorities of the University, shall be prescribed by the Statutes.

S.34 The Statutes

Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely;

• (a) the institution of Fellowship, Scholarships, exhibitions, medals and prizes:
• (b) the designations and powers of the officers of the University:
• (c) the constitution, powers, functions and duties of the authorities of the University;
• (d) the admission of educational institutions as colleges and the withdrawal of privileges from Colleges so admitted:
• (e) the institution of Colleges and hostels and their maintenance and management:
• (f) the classification of teachers of the University, the manner of their appointment and their recognition;
• (g) the constitution of pension, insurance or provident fund for benefit of the officers, teachers and other servants of the University, and the teacher of Colleges:
• (h) the maintenance of the register of registered graduates;
• (i) the number, qualifica
  

S.35 No post for appointment shall be created without the prior sanction of the State Government

Notwithstanding anything contained in this Act, no University or any College affiliated to such a University, except such College-

• (a) as is established, maintained or governed by the State Government; or
• (b) as is established by a religious or linguistic minority;

1[(i) After the commencement of this Act no teaching or non-teaching post involving financial liabilities shall be created without the prior approval of the State Government.]

• (ii) shall either increase the pay or allowance attached to any post, or sanction any new allowance;

Provided that the State Government may, by an order, revise the pay scale attached to such post or sanction any new allowance.

• (iii) shall sanction any special pay or allowance or other remuneration of any kind including ex-gratia payment or any other benefit having financial implication to any person holding a teaching or non-teaching post;
• (iv) shall in
  

S.36 Statutes how made

(1) The Senate may, either on its own motion or on submission by the Syndicate, make Statutes, or amend or repeal it:

Provided that-

• (a) the Senate shall not consider any statute having the effect of changing the number of post of teachers, officers and servants of the University, their pay scales or pay order; unless such a draft is recommended by the Chancellor for the considerations of the Senate;
• (b) the Syndicate shall not propose any such statutes, as may affect the status, powers and constitution of any authority of the University, unless that authority has been allowed an opportunity to furnish written opinion upon the proposed changes, and the Senate shall have to consider such option expressed in writing; and
• (c) in matters relating to status, powers, functions and constitution of the Academic Council, it shall be lawful for the Academic Council to initiate such Statutes and forward it to the Syndicate, which shall submit it to the Se
  

S.37 Ordinances

The Syndicate may, subject to the provision of this Act and Statutes, make Ordinance to provide for all or any of the following matters namely:-

• (a) the admission of students of the University and their enrolment as such :
• (b) the conditions of residence of the students of the Colleges and the University, the levying of fees for residence in hostels maintained by the Colleges or recognised by the University and the recognition of hostels not maintained by the University, including the suspension or withdrawal of such recognition;
• (c) The fees to be charged for courses of study in the University and for admission to the examinations, degrees and diplomas of the University;
• (d) the constitution, powers and duties of the Committee of the University;
• (e) the inspection of colleges by any agency; and
• (f) all other matters which by this Act or the Statutes are to be or may be provided for by the Ordinance.

S.38 Ordinances, how made

(1) An Ordinance made by the Syndicate under Section 37 shall be submitted as soon as may be to the Senate, and thereupon it shall be the duty of the Senate to consider the Ordinance at its next meeting and the Senate may, by resolution passed by a majority of the members present and voting at such meeting, either reject the Ordinance or approve it with such modifications, if any, and from such date, as it may direct.

(2) Such an Ordinance approved by the Senate shall be submitted to the Chancellor who shall declare that he assents to the Ordinance.

(3) An Ordinance shall have no validity until it has been assented to by the Chancellor under sub-section (2).

1[Provided that any ordinance having financial implication shall not be enforceable unless prior approval of State Government has been obtained.]

(4) Notwithstanding anything contained in sub-sections (1), (2) and (3), if at any time, except when the Senate is in session, the Syndicate mak

S.39 Regulations, how made

(1) Subject to the provisions of this Act, the Statutes and the Ordinance, Regulations may be made to provide for all or any of the following matters, namely-

• (a) the courses of study to be laid down for all degrees and diplomas of the University;
• (b) the condition under which students shall be admitted to the degree or diploma courses and to the examinations of the University and shall be eligible for such degrees and diplomas;
• (c) the formation of departments of teaching in the Faculties;
• (d) the conditions and mode of appointment and duties of examiners and the conduct of examinations;
• (e) the standard of teaching to be maintained in the colleges; and
• (f) all matters which by this Act, the Statutes or the Ordinances are to be or may be provided for by Regulations.

(2) (i) A Regulation made by the Academic Council under sub-section (1) shall be forwarded, as soon as may be, to the Syndicate for transmission t

S.40 Rules

(1) The authorities and the Boards of the University constituted either under this Act or under the Statutes made thereunder may make Rules consistent with this Act, Statutes, the Ordinances and the Regulation for the following matters, namely:-

• (a) laying down the procedure to be observed at their meeting and the number of members required to form a quorum;
• (b) laying down the procedure to be observed by committees subordinate to any such authorities and the Board at their meeting and the number of members required to form a quorum;
• (c) providing for all matters which by this Act, the Statutes, the Ordinances or the Regulations are to be prescribed by Ruies; and
• (d) providing for all other matters exclusively concerning such authorities, committees and Boards and not provided for by this Act, the Statutes, the Ordinances or the Regulations.

(2) Every authority of the University may make Rules providing for the giving of notice

S.41 Deleted

[Deleted vide Sec. 3 of Bihar Act 21 of 2007].

S.42 Hostels

Every hostel maintained by a College or approved and recognised by the University shall conform to such general and special conditions, as may be prescribed by the Ordinances.

S.43 The Students' Union

(1) There shall be a union of students of the University consisting of all the students of Colleges and departments of the University.

1[(2) The organisation and function of the University Students' Union shall be prescribed by the Statutes.]

1. Substituted by Act 68 of 1982.

S.44 Annual report of the University

The annual report on the working of the University shall be prepared under the direction of the Syndicate and shall include the annual accounts of the University and shall be submitted to the Senate on or before such date, as may be prescribed by the Statutes, and shall be considered by the Senate at its annual meeting and the Senate may pass resolutions thereon and communicate the same to the Syndicate for such action, if any, as may be specified in such resolution :

Provided that no decision shall be taken on the annual accounts nor shall there by anything in the resolution on the annual report which have the effect of ancticipating the report of the auditors on the annual accounts:

Provided futher that the report of annual account together with resolution, if any, of the Syndicate relating thereto shall be placed before the Legislature for consideration in its next session.

S.45 Establishment of the University Fund

1[(1) There shall be a Fund in the name of the University referred in Section 3 of the Act to be called after the name of that University and the said Fund shall vest in the said University for the purposes of the Act, subject to the provisions contained therein, and the following amounts shall be credited to it, namely]:-

• (a) all sums contributed or granted to the University from the Consolidated Fund of the State of Bihar by the State Government for the purposes of the University or for the purposes of the Colleges and all sums borrowed by the University for the purpose of carrying out the provisions of this Act and the Statutes, Ordinances, Regulations and Rules made thereunder;
• (b) all money received by and on behalf of the institution and departments established and maintained by the University including all sums paid to the University under any provision of this Act and the Statutes, Ordinances, Regulations and Rules made thereunder;
• 
  

S.46 Contribution by Government to the University

(1) The State Government shall contribute annually to the University fund a recurring grant out of the Consolidated Fund of the State which shall include all expenses of recurring nature.

(2) The State Government shall calculate the amount of annual recurring grant in consultation with the Vice-Chancellor and the amount may be revised at the expiry of a period of every five years.

(3) The State Government may, from time to time, contribute such additional grants to the University funds, as it may deem fit having regard to the need of expansion and development of the University or the College.

S.47 Annual estimates of income and expenditure of Colleges and University

(1) The Principal of every College shall prepare in the prescribed form an estimate of its probable income including income from endowments and bequests, if any, expenditure for the next ensuing financial year and the same shall be considered and sanctioned by the Governing body or managing committee of the College either without alteration or with such alteration, as it thinks fit and copy of the estimate so sanctioned shall be submitted by the College to the Vice-Chancellor on or before such date as may be prescribed by the Statutes.

(2) (i) On receipt of the estimate under sub-section (1) it shall forthwith be referred by the Syndicate to the Finance Committee for scrutiny and report. Thereupon the Finance Committee shall scrutinise every item of estimate and in particular the portion of the estimate relating to grants-in-aid to the College and submit along with a report to the Syndicate, as may be prescribed by the Statutes.

(ii) The Syndicate shall forthwith cons

S.48 Approval of the Budget by the State Government

1[(1) Notwithstanding anything contained in this Act or the Statutes, University Ordinance or Regulation made thereunder, every University shall send its budget for every financial year to the State Government. The University shall show therein estimates of receipts and disbursement for the ensuing year. The State Government shall return the budget to the University with such modification as it may deem fit and the University shall act in conformity with such a modified and approved budget.

(2) At any time during the financial year, the University may send a supplementary budget to the State Government and the State Government shall return the budget to the University with such modifications and approval as it may deem proper.

(3) No expenditure shall be incurred by any University unless such an expenditure has bcome a part of the budget as finally approved under sub-section (1) or (2)]

1. Substituted by Act-68 of 1982.

S.49 Consideration of estimates by the Senate

The Senate shall consider every estimate laid before it under sub-section (3) of Section 47 and shall sanction the same, either without alteration or with such alterations as it may think fit.

S.50 Restriction on expenditure not included in the Budget

(1) No sum shall be spent by or on behalf of the University unless the expenditure thereof is included in the current budget estimates or can be met, with the previous approval of the State Government, by reappropriation or by drawing upon the closing balance.

(2) The closing balance shall not be reduced below such amount as may be prescribed by the Statutes.

S.51 Objects to which the University fund may be applied

The University Fund shall be applicable to the following objects-

• (a) to the re-payment of debits incurred by the University for the purposes of this Act and the Statutes, the Ordinance, the Regulations and the Rules made thereunder;
• (b) to the upkeep of department established by the University, hostels maintained by it and Colleges transferred to it,
• (c) to the payment of the salaries and advances of officers, teachers and other servants of the University, and of any provident fund contributions to any such officers, teachers and other servants;
• (d) to the payment of the travelling and other allowances of the members of the Senate, the Syndicate, the Academic Council and any other authorities of the University, or the members of any Committee or Boards appointed in pursuance of any provisions of this Act and the Statutes, the Regulations and the Rules made thereunder;
• (e) to the making of grants to the Colleges and other institution
  

S.52 Account and audit of the University Fund

1[(1) (a) Financial Adviser of the University shall prepare the Annual Budget according to the direction of the Vice-Chancellor. In the annual budget of the University, there shall be mention of income from all sources and all items of expenditure.

(b) The audit of the annual budget of the University shall be done every year by the auditors appointed by Accountant-General, Bihar.]

(2) A copy of the annual accounts of the University together with the auditor's report thereon shall be submitted by the Syndicate, within six months of the receipt of the report, to the State Government, the Chancellor and the Senate and the Chancellor shall cause the same to be published in the official gazette.

(3) (i) Within six months of the receipt of the auditor's report under sub-section (2) the Senate shall appoint an ad-hoc-Committee consisting of the Examiner of Local Accounts, Bihar, and eight such members of the Senate as are not members of the Syndicate.

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S.53 Audit of accounts of Colleges

(1) The accounts of every College shall be audited and examined annually by a qualified accountant appointed as auditor by the Syndicate.

(2) The auditor may, by written notice, require any person responsible for the preparation of accounts either to appear before him in person or to produce any document to enable the auditor to obtain such information as he may consider necessary for the proper conduct of the audit.

(3) After completing the audit, the auditor shall submit his report to the Syndicate:

Provided that the Auditor may submit an interim report at any time he thinks fit.

(4) The cost of the audit of the accounts of a College shall be met from the University Fund.

S.54 Power of the State Government to have accounts of the University or College audited

If it considers necessary, the State Government may cause the accounts of the University or any College to be audited by such agency as it thinks fit and on receipt of the audit report it may, after calling for a report from the University or College on the points raised therein and after considering the same, issue such directions as it thinks fit and thereupon the University or the College, as the case may be, shall comply with such directions within the time specified therein.

S.55 The Finance Committee

(1) The Finance Committee shall consist of 1