PATNA UNIVERSITY ACT, 1976

Act No. 24 of 1976

An Act to establish and incorporate a teaching University at Patna in the State of Bihar. Be it enacted by the Legislature of the State 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

Read full Act

S.1 Short title and commencement

(1) This Act may be called the Patna University 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 21 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) "Academic Council" means the Academic Council of the University;
• (d) "Chancellor" means the Chancellor of the University;
• 1[(e) "College" means an institution maintained or controlled by the University or maintained by the State Government in which instruction is given to the Students of the University upto the Post-graduate Standard or below under conditions prescribed in the Statutes:]
• 2[Provided that till separate arrangement is made for Intermediate Education teaching of this standard also shall continue to be imparted in the
  

S.3 Establishment and incorporation of University

(1) There shall be established with effect from the date of commencement of this Act, a University by the name of Patna University with headquarters at Patna.

(2) The first Chancellor, the first Vice-Chancellor, every member of the Senate, the Syndicate and the Academic Council and all persons who may hereafter becomes such officers or members and so long as they continue to hold such office or membership shall together constitute a body corporate by the name of the University specified in sub-section (1).

(3) The University shall have perpetual succession and a common seal and shall issue and be sued by the said name.

(4) With effect from the commencement of this Act all educational institutions admitted to the privileges of the Patna University established under Patna University Act, 1961 (Bihar Act III of 1962) shall be deemed to be College admitted to the privileges of this University.

(5) On the commencement of this Act, any such College and its att

S.4 Jurisdiction of the University

(1) The jurisdiction of the University shall extend to the colleges namely the Patna College, the Patna Science College, Bihar College of Engineering, the Patna Law College, the Patna Training College, the Magadh Mahila College, the Patna Women's College, the Women's Training College, Patna, the Bihar National College and the Vanijya Mahavidyalaya and attached hostels and other buildings forming parts of such colleges and hostels, and all the Departments maintained by the Patna University established under the Patna University Act, 1961 (The Bihar Act no. 3 of 1962) together with its building and other buildings forming parts of the University.

(2) The State Government may, by a notification published in Official Gazette, transfer any teaching institution situated within the limit of Patna Development Authority on such conditions as the State Government and the University may deem fit to impose, and on such a transfer having been made such a college shall be admitted to the

S.5 Purposes and powers of the University

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

(1) To provide-

• (i) for instruction in such branches of learning as the University may think fit including professional studies and technology; and
• (ii) for research and for the advancement and dissemination of knowledge.

(2) To hold examination and to grant and confer degrees, diplomas, certificates and other academic distinction to and upon persons who-

• (a) have pursued an approved course of study in the University and have passed the examinations of the University, under conditions laid down in the Statutes, the Ordinances or the Regulations;
• (b) are teachers, librarians and laboratory assistants in educational institutions or any other person, under such conditions as may be prescribed in the Statutes, the Ordinances and the Regulations and have passed the examinations of the University under like conditions:
• (c) have carried on indepen
  

S.6 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 whatsover relating to religious or political belief or dogma 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 prevent the University from making any provision for reservation of posts and appointment in favour of members of the 1[scheduled castes, scheduled tribes, backward classes, women and econ

S.7 Teaching of the University

(1) All recognised teaching in connection with the 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 colleges by the university professors, professors, readers, lecturers and the 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 instructions 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 purpo

S.8 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, Student's Welfare,
• (6) Proctor,
• (7) Registrar,
• (8) College Inspector,
• (9) Finance Officer and
• (10) Such other persons as may be declared officers of the University by the Statutes.]

1. Substituted by Act 67 of 1982.

S.9 Transfer of Officers

1[(1) The officers of the University (excluding the Chancellor, the Vice-Chancellor, the Pro-Vice-Chancellor, the Dean, Students Welfare and Proctor) may be transferred by the Chancellor on the recommendation of the Vice-Chancellor or otherwise to an equivalent post in another University.

(2) The Vice-Chancellor may transfer officers mentioned in serial (5) to (8) in sub-section (1) of Section 8 to any equivalent post or revert them to their substantive post in the same University]

1. Inserted by Act 67 of 1982.

S.10 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 at any convocation of the University.

(2) The Chancellor shall have the right to inspect the University, its buildings, laboratories, workshops and equipments, 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 enquire or to cause an enquiry to be made in like manner, in respect of any matter connected with the University 1[and it shall be the responsibility of the authorities of the concerned University and the college to give full co-operation in the enquiry:]

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 enquiry conducted and the University shall be entitled to be represe

S.11 The Vice-Chancellor

(1) No person shall be deemed to be qualified to hold the office of the Vice-Chancellor, unless he-

• (i) is an educationist having experience of administering the affairs of any University of India for not less than six years, or
• (ii) is or has been Principal or Head of the Department of any University or College, and has a teaching experience of not less than 10 years in the University or in any other University or in any college.

(2) The Vice-Chancellor shall be appointed by Chancellor, in consultation with the State Government from amongst persons having qualification as mentioned in subsection (1) 1[and he shall hold office during the pleasure of the Chancellor.]

2[(3) The Vice-Chancellor shall be whole-time officer and shall hold office for a period of three years with effect from the date on which he assumed charge. On the expiry of the said period, he may be re-appointed for another term not exceeding three year

S.12 Removal of the Vice-Chancellor

(1) If 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, the Ordinance, or
• (ii) has acted in a manner prejudicial to the interest 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 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-Chancellor.

(3) On a

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 an other cause, the information of which shall be immediately communicated to the Chancellor by the Vice-Chancellor, the Pro-Vice-Chancellor or the Registrar, the Chancellor may make such arrangements 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 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 duties of the office of the Vice-Chancellor, as he deems fit.]

1. Substituted

S.14 Pro-Vice-Chancellor

1[(1) The Chancellor shall appoint the Pro-Vice Chancellor in consultation with the State Government.

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

2[(3) Where the person appointed as Pro-Vice-Chancellor gets pension from the Central or the State 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-Chancellor shall exercise such powers and perform such duties as may be prescribed or as may be conferred or imposed on him from time to time by the Vice-Chancellor.

4[(5) The Pro-Vice-Chancellor shall be responsible fo

S.14A Financial Adviser

1[(1) The Financial Adviser shall be a wholetime officer. He shall be appointed by the Chancellor either on deputation or by reemployment from amongst the officers of the Indian Audit and Account 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 implications, 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 the Finance Officer shall work directly under the control of the Financial Adviser.

(6) It shall b

S.15 The Dean of Students Welfare

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

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

(2) The duties, powers and functions of the 1[Dean, Students Welfare,] shall be prescribed by the Statutes.

(3) The teacher who is appointed as the 1[Dean, Students Welfare] under subsection (1) shall continue to hold lien on his substantive post, and he shall be eligible for all the benefits which would have otherwise accrued to him, but for his appointment as the 1[Dean, Students Welfare].

1. Substituted by Act 67 of 1982.

2. Inserted by ibid.

S.16 The Registrar

1[(1) Notwithstanding anything contained in 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 the State Government, Central Government, University Grants Commission or any University may send names 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 a wholetime officer of the University and he shall act as Secretary to the Senate, the Syndicate and the Academic Council and he shall:

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

S.16A 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 any time 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 for the post of Proctor caused due to resignation or illness or any other reason, his duties shall be discharged by a person appointed for the purpose by the Vice-Chancellor.

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

1. Inserted by Act 67 of 1982.

S.17 The Finance Officer

The Finance Officer shall be wholetime 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, 1[the Financial Adviser,] or the Registrar.

1. Substituted by Act 67 of 1982.

S.18 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.19 The Senate

The Senate shall consist of the following persons, namely-Ex-off/'c/o-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 Service, Bihar;
• (7) The Director of Technical Education, Bihar;
• (8) The Deans of Faculties;
• (9) Such of the Head of University Departments as are not Deans;
• (10) Such of the Principals of Colleges maintained by the University not Deans and the Principals of the Patna Medical College and the Dental College.
• 2[(10A) Director, Correspondence Course Patna University Patna.]
• (11) All ex-Vice-Chancellors of the University.

Explanation. For the purpose of this clause, the expression ex-Vice-Chancellor does not include any ex-Vice-Chancellor who was appointed to fill a casua

S.20 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 and the members whose term 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 a election or nomination to full up any casual vacancy under Section 61:

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

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

3[(2) The Senate shall have prepetual succession and any of i

S.21 Meetings of the Senate

1[(1) The Senate shall meet twice in 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 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 67 of 1982.

S.22 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 functions 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 reports, the annual account, the financial estimates and audit report on such accounts;
• (d) of exercising the powers for the purpose of control in College and of superintendence;
• (e) of instituting and conferring such degrees, titles, diplomas and other academic distin
  

S.23 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 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, to be e
  

S.24 Powers and duties of the Syndicate

The Syndicate-

• (a) shall hold, control and administer the property and funds of the University including endowments, bequests, donations and other transfers of property made to and for the benefit of Colleges;
• (b) shall determine the form, provide for the custody and regulate the use of the common seal of the University;
• (c) shall, subject to the power 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, the Ordinances and the Regulations;
• (d) shall manage any funds placed at the disposal of the University for specific purposes;
• (e) save as otherwise provided in this Act or the statutes, shall appoint 2[x x x] officers (other than the Vice-Chancellor and the Pro-Vice-Chancellor) and teachers of the University and shall define their duties and provide for the filling up of temporary vacancies to
  

S.25 The Academic Council

The Academic Council shall consist of the following persons, namely :-

• (a) The Vice-Chancellor;
• (b) The Pro-Vice-Chancellor;
• (c) The Deans of Faculties;
• (d) The Director, Higher Education, Bihar;
• (e) All Heads of University Departments, Principals of all Colleges maintained by the University, who are not Deans;
• (f) All Principals of colleges maintained by the State Government;
• (g) Four teachers, other than Deans, Professors and Heads of University Department, who shall in the manner presscribed by the statues, be elected by the Senate in such a way that each Faculty may get representation;
• (h) Not more than two experts from outside the University service, to be co-opted by the Academic Council for specific purposes according to need:
• (i) The President of the University Students Union elected under sub-section (1) of Section 44. (2) The term of office of members other than the ex-officio, shall be f
  

S.26 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 Ordinances 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 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 Statutes.

S.27 The Faculties

(1) The University may include the Faculties of Art, Science, Commerce, Medicine, Law, Education, Agriculture, Engineering and such other Faculties under it, as may be prescribed by the Statutes;

Provided that Senate cannot create a Faculty for the subject of such branch of learning for which there is no arrangement in any department of the University or any college thereof.

(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 following members :-

• (a) such number of members of the Senate as are teachers and as may be assigned to each Faculty by the Senate keeping in view the
  

S.28 The Departmental Council

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

• (i) the Head of the Department;
• (ii) all teachers of the Department;
• (iii) two students one to be nominated by the Vice-Chancellor and the other to be nominated 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 measures for improvement.

(3) This Council shall meet at least thrice in a year on dates to be fixed 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 consist of the Vice-Chancellor as Chairman and Deans of the Faculties of Arts, Science and Commerce as members :

Provided that if the examination concerns any other faculty, then 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 report of such examination result to the Academic Council and generally regulating the methods of improvement in the procedure of correct evaluation of achievement of students and the Vice-Chancellor shall be competent to take final decision :

Provided that the Vice-Chancellor shall appoint the questio

S.30 Holding of examination

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

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

(2) Results of examinations shall be published within sixty days of the termination of the concerned examination which may be extended fo further period of 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. Substituted by Act 67 of 1982.

S.31 The Planning and Evaluation Committee

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

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

• (a) The Vice-Chancellor;
• (b) The 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-Ch
  

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, namely :-

• (a) The Vice-Chancellor;
• (b) The Pro-Vice-Chancellor;
• (c) The Dean of the Faculty concerned:
• (d) All University Professors and Heads of those Departments, which have no University Professors, of the concerned Department:
• (e) Four teachers of the concerned Faculty to be nominated by the Vice-Chancellor in each academic year.

1. Substituted by Act 67 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 constitutions, powers, functions and duties of the authorities of the University;
• (d) the establishment of colleges and hostels and their maintenance and management;
• (e) the classification of teachers of the University, the manner of their appointment and their re-organisation;
• (f) the constitution of pension, insurance or provident fund for the benefit of the officers, teachers and other servants of the University, and the teachers of Colleges;
• (g) the maintenance of the register of registered graduates;
• (h) the number, qualifications, grades, pay, reservation of posts for 1[scheduled castes, scheduled tribes, backward classes, w
  

S.35 Post for appointment shall not be created without prior sanction of the State Government

(1) Notwithstanding anything contained in this Act, no University or constituent college of such University, except a college which-

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

• 1[(i) shall, after the commencement of this Act, create any teaching or non-teaching post involving financial liability without the prior approval of the State Government;]
• (ii) shall increase the pay or allowances attached to any post, or sanction any new allowance:

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

• (iii) shall grant any special pay or allowance or other remuneration under any description whatsoever ex-gratia including payment or any other benefits having financial implication to any person holding a teaching or non-teaching post;
• (
  

S.36 Statutes, how made

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

Provided that

• (i) the Senate shall not consider the number of posts of teachers, officers and other servants of the University unless such draft is recommended by the Chancellor for the consideration of the Senate;
• (ii) the Syndicate shall not propose any such statutes, as may affect the status, powers and constitution of any authority of the University, unless such authority has been given an opportunity of expressing an opinion upon the proposed changes, and the Senate shall have to consider such opinion expressed in writing; and
• (iii) on 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 Senate with such recommendations as it may like to make.

(2)

S.37 Ordinance

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

• (a) the admission of students to the University and their enrolment as such :
• (b) the conditions of the students of the University, the levying of fees for residence in hostels maintained by 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 examination, degrees and diplomas of the University;
• (d) the constitution, powers and duties of the Committees of the University;
• (e) all other matters which by this Act or the Statutes are to be or may be provided for by the Ordinance.

S.38 Ordinance, 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 member 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) Ordinance so 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 makes an O

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 conditions 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 creations of departments of teaching in the Faculties;
• (d) the conditions and mode of appointment and duties of examiners and the conduct of examination;
• (e) constitution of the Examination Board, its powers, duties and functions; and
• (f) all other matters which by this Act, the Statues 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

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, the Statutes, the Ordinances and the Regulations for following matters, namely-

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

(2) Every authority of the University shall make Rules providing for the giving of no

S.41 Section 41

[Deleted by Amdt. Act 22 of 2007.]

S.42 Residence

Every students of the University shall reside in a hostel or in a residence subject to superintendence, control and conditions presented in Statutes or Ordinances.

S.43 Hostels

Hostels shall be maintained by the University or Colleges or shall be approved and recognised by the Syndicate on general or specific conditions, including conditions of residence in hostels as prescribed by the University.

S.44 The Students Union

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

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

1. Substituted by Act 67 of 1982.

S.45 Annual report of the University

(1) 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. It shall be submitted to the Senate on or before such date, as may be prescribed by the Statutes. It 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 resolutions:

Provided that no decision shall be taken in respect of the annual accounts nor shall there be anything in the resolution on the annual report which may have the effect of anticipating the report of the audit on the annual accounts.

(2) The annual report and the annual account of the University together with the resolution of the Syndicate (if any) relating thereto shall be placed before the next ensuing session of the State Legislature for consideration.

S.46 The University Fund

(1) There shall be established a Fund for the University to be called the Patna University Fund which shall be vested in the University for the purposes of this Act, subject to the provisions contained therein, and the following shall be placed to the credit of the University Fund namely-

• (a) all sums contributed or granted to the University from the Consolidated Fund of the State of Bihar for the purpose 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 moneys received by and on behalf of the institutions 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;
• (c) the balance if any standing, to the credit of the Patna Universit
  

S.47 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 sum of the annual recurring grant shall be worked out by the State Government in consultation with the Vice-Chancellor, and shall be revised every five years.

(3) The State Government may, contribute from time to time such additional grants to the University Fund, as it may having regard to the need of expansion and development of the colleges.

S.48 Annual estimates of income and expenditure of Colleges and University

(1) Every college shall prepare in the prescribed form an estimate of its probable income including income from endowments and bequests, if any, and expenditure for the next ensuing financial year and shall submit it to the Syndicate on or before such date as may be prescribed by the Statutes.

(2) On receipt of the estimate under sub-section(1) the Syndicate shall refer it to the Finance Committee for examination and report.

(3) The Finance Committee shall prepare the annual estimate of income and expenditure of the University for the next ensuing financial year and shall on or before such date as may be prescribed, forward the same together with memorandum containing explanatory notes thereon to the Syndicate which may approve the estimates either without alteration or with such alterations as it thinks fit and the estimates so approved by the Syndicate shall be laid before the Senate at its annual meeting.

(4) Every estimate prepared under sub-section (3) sha

S.49 The Budget shall be approved by the State Government

1[(1) Notwithstanding anything contained in this Act, Statutes, University Ordinance or Regulations made thereunder, the University shall send its budget for the next financial year to the State Government not less than four months prior to the end of the financial year. 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 the University unless such expenditure has become part of the budget as finally approved under sub-sections (1) or (2).]

1

S.50 Consideration of estimates by the Senate

(1) The Senate shall consider every estimate laid before it under sub-section (3) of Section 4 and shall sanction the same, either without alteration or with such alterations as it may think fit.

(2) One copy of the estimate passed by the Senate shall be forwarded to the State Government.

S.51 Restriction on expenditure 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 estimate or can be met with the previous approval of the State Government, by re-appropriation 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.52 Objects to which the University Fund may be applied

The University Fund shall be applicable to the following objects.:

• (a) to their payment of debts incurred by the University for the purpose of this Act and the Statutes, the Ordinances, the Regulations and the Rules made thereunder;
• (b) to the upkeep of departments established by the University, Colleges, residence and hostels;
• (c) to the payment of the salaries and allowances of officers, teachers and other servants of the University, and 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 payment of the cost of the University fund;
• (f) to the payment of expenses
  

S.53 Audit and account of the University

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 Annual Budget of the University shall be done every year by the auditors appointed by Auditor-General, Bihar.]

(2) A copy of the annual accounts of the University together with the auditors report thereon shall be submitted by the Syndicate within six months from 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 auditors 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.

(ii) T

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

If it so considers necessary, the State Government may cause the accounts of the University 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 shall comply with such directions within the time specified therein.

S.55 Finance Committee

(1) The Finance Committee shall consist of the Vice-Chancellor as Chairman and Financial Adviser as member, an officer of the State Government not below the rank of a Deputy Secretary to be nominated by the State Government and four such other members, as are not members of the Syndicate, to be elected by and from amongst the members of the Senate in the manner prescribed by the Statutes.

(2) The term of office of members other than the ex-officio members shall be for a period of three years from the respective dates of their election, 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 to fill up any casual vacancy.

(3) The Finance Committee shall

• (a) advice the University on any question affecting its finances:
• (b) prepare the annual estimates of income and expenditure of the University and of the Colleges maintained by it;
• (c) subject to Stat
  

S.56 Appointment of teachers and officers

1[2[(1) Subject to the provisions of this Act and the statute made thereunder appointment to the post of teachers and officers (other than Vice Chancellor, Pro Vice Chancellor, Registrar and the Dean of Faculty) of the University shall be made by the University on the recommendation of the Selection Committee consisting of the following members:

• (1) The Vice-Chancellor.
• (2) One member to be nominated by the Chancellor.
• (3) One member to be nominated by the Government.
• (4) Three experts not connected with the University to be nominated by the Vice-Chancellor from a panel of not less than seven names approved by the Academic Council for each post, out of which at least one member should belong to scheduled castes/scheduled tribes and two shall be from outside the State.
• (5) The head of the department of the discipline concerned.

(ii) The selection committee shall prepare a merit list for appointment

S.56B Procedure of selection to be prescribed by the Statute

1[Notwithstanding anything contained in any provision of this Act, Rule, Statute, Ordinance, or any other law for the time being in force, the Selection Committee constituted under section 56 of this Act shall be bound by the procedure of selection to be prescribed by Statute to be framed by the University in accordance with procedure prescribed under the Act].

1. Added by Act 22 of 2007.

S.57 Section 57