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PATNA UNIVERSITY (AMENDMENT) ACT, 2013
PATNA UNIVERSITY (AMENDMENT) ACT, 2013
[Bihar Act 13, 2013]
An Act to amend the Patna University Act, 1976
(Bihar Act, 24,1976)
Preamble - WHEREAS, in the educational interest of the State it is most expedient to make the entire provisions of the appointment on the posts of Vice-Chancellor and Pro Vice-Chancellor in the Universities of the State in consonance with the prescribed standards of University Grants Commission; and in conformity with the provisions laid down in the various regulations issued by the University Grants Commission.
AND, WHEREAS, transparency and harmony in the matter of appointment of the Vice Chancellors and Pro Vice-Chancellor is essential;
AND, WHEREAS, in the past appointment of Vice Chancellors and Pro-Vice Chancellors have been made without effective consultation with the State Government.
AND, WHEREAS, the functioning of Vice Chancellor and Pro-Vice Chancellor appointed vide various notifications have been stayed by the Hon'ble Supreme Court.
AND, WHEREAS, selection of Vice Chancellors and Pro Vice-Chancellors through search committee has been envisaged in the University Grants Commission Regulation 2010 and as amended Regulation 2013.
AND, WHEREAS, it expedient in the interest of Higher Education that Regular Vice Chancellor and Pro-Vice Chancellor can be appointed at the earliest in accordance with the norms and standard of University Grants Commission;
Be it enacted by the Legislature of the State of Bihar in the sixty fourth year of the Republic of India as follows: -
1. Short title, extent and commencement-
(1) This Act may be called Patna University (Amendment) Act, 2013.
(2) It shall come into force at once,
2. Amendment of section 11 of Bihar Act, 24 of 1976.-
In the Patna University Act 1976 (Bihar Act 24, 1976) sub section (1) of Section-11 shall be substituted by the following, namely :-
“(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 weightage to academic excellence, exposure to the higher education system in the country and abroad, and adequate experience in academic and administrative governance to be given in writing along with the panel to be submitted to the Chancellor.
(iii) Following shall be the constitution of the Search Committee.
(a) A member nominated by the Chancellor, who shall be an eminent Scholar / Academician of national repute or a recipient of Padma Award in the field of education and shall be the Chairman.
(b) The Director or Head of an institute or organization of national repute, such as, Indian Institute of Technology, Indian Institute of Science, Indian Space Research Organization, National Law University or National Research Laboratory or Vice-Chancellor of a statutory University nominated by the Chancellor as Member.
(c) A member nominated by the State Government who shall be an eminent Academician and have full knowledge of the academic structure and problems of higher education of the State.”
3. Amendment of section 14 of Bihar Act, 24 of 1976.-
In the Patna University Act 1976 (Bihar Act 24, 1976) sub section (1) of Section 14 shall be substituted by the following namely :-
"(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."
PATNA UNIVERSITY (AMENDMENT) ACT, 2013
[Bihar Act 18, 2013]
An Act to amend Patna University Act, 1976 (Bihar Act 24, 1976)
Preamble: Whereas, in the interest of the education in the State it is most expedient to make the entire provisions of the appointment to the posts of teachers in the University and Colleges of the Bihar State in conformity with the prescribed standards of University Grants Commission;
And, whereas, it is essential to make appointments to the posts of teachers in the Universities of the State by making the provisions of the appointment of teachers in the Patna University Act, 1976 in conformity with the provision laid down in the various regulations issued by the University Grants Commission.
Hence, it is necessary to amend the Act as per the regulation issued by the University Grants Commission.
Be it enacted by the Legislature of the State of Bihar in the sixty fourth year of the Republic of India as follows :-
1. Short title and Commencement.—
(1) This Act may be called The Patna University (Amendment) Act, 2013.
(2) It shall come into force at once.
2. Amendment in Section-2 of Bihar Act, 24, 1976.—
In the Patna University Act, 1976 (Bihar Act 24, 1976) (hereinafter referred to as the said Act) in Section-2 clause (za) shall be substituted by the following; namely :-
"(za) 'Commission' means Bihar Public Service Commission."
3. Amendment in Section 56 of Bihar Act 24, 1976.—
In the said Act section-56 shall be amended as follows; namely :-
(a) before the existing clause (i) including heading following new sub section (1) shall be inserted; namely :-
"56 Appointment to the post of teachers in University and their constituent Colleges:—
(1)(i) Subject to the provision mentioned in this Act and Statutes as far as possible the Commission shall perform the same function in respect of the appointments to the sanctioned posts of the teachers of University as are assigned to it by Article 320 of the Constitution of India in relation to the State Service.
(ii) The Commission on the recommendation of the State Government may organize an eligibility test to be called "State Eligibility Test" for appointment to the posts of Teacher (Assistant Professor) in the University and Constituent Colleges under them. In this behalf, Commission shall invite subject wise application only from such candidates who have obtained the qualification prescribed in UGC Regulations, 2010 or as may be prescribed by the University Grants Commission from time to time;
Provided that, such test shall be conducted by the Commission in the light of the order issued by the State Government in conformity with the Regulations made by the University Grants Commission.
(iii) Every year the Commission shall invite subject wise applications for appointment to the posts for Teacher (Assistant Professor) in the University and their constituent College only from such candidates who have passed the National Eligibility Test conducted by the University Grants Commission/Council for Scientific and Industrial Research/State Eligibility Test and obtained minimum qualification prescribed by the University Grants Commission Regulations, 2010 or as may be prescribed from time to time;
Provided that, the candidates who have obtained Ph.D.Degree on the basis of Minimum Standard and Procedure Regulation, 2009 framed by the University Grants Commission for M.Phil/Ph.D.Degree, shall be exempted from passing the National Eligibility Test.
(iv) The subject-wise vacancies including the presumed vacancies of the next calendar year alongwith the reservation roster shall be forwarded to the Commission by the University upto thirty first December every year.
(v) The University shall make appointments to the posts of Teachers, duly sanctioned and communicated by the State Government, only on the recommendation of the Commission and no appointment to the post of teachers shall be made by the University without the recommendation of the Commission. Commission shall comply with the conditions laid down in this section for making recommendations for appointment to the posts of teachers of the University according to their need.
(vi) The commission shall prepare a subject wise merit list against the vacancies communicated by the University on the basis of the interview from among the candidates applied for under clause(iii). The subject wise list shall contain the names of the candidates in order of merit double in number of the vacancies, however the commission shall forward only one name at a time to the University for appointment against vacancy;
Provided that, the Commission shall recommend the names to the University in order of merit and on the basis of reservation roster sent by the University in conformity with the laws applicable to reservation in appointments in the State.
Notwithstanding anything contrary to the provision of this Act, Statute, the reservation policy prevalent in the Bihar State shall be applicable to all the appointments.
(vii) All the proceedings of the Commission shall be completed on daily basis itself, which includes minutes of the meeting, the list of the candidates on the basis of merit. The records pertaining to the merit list shall be signed by the Commission and the merit list of subject concerned shall be finalized on the last day of the interview of that subject.
(viii) The merit list prepared by the Commission shall be valid for one year from the date of its issue. On receipt of the recommendations of the Commission under clause (vi) the University shall make appointments as per the recommendation of the commission within six months from the date of its receipt.
(ix) In respect of appointment, dismissal, removal, termination of service or demotion of teachers of the University and Constituent College, the University shall take action in consultation with the Commission in prescribed manner.
(x) The Board for selection of candidated for appointments to the posts of teacher of the University Departments and constituent Colleges shall be constituted by the commission in view of the directions communicated by the State Government in conformity with the provisions prescribed in the regulations circulated by the U.G.C. from time to time;
Provided that at least three experts of the subjects concerned shall attend the meeting of Board organised for making recommendations for appointment.
(b) Before existing clause (i) a bracket and number as sub section "(2)" shall be added and the word "teachers" wherever occurred in this sub-section shall be substituted by the word "Principal".
4. Substitution of Section 57 of the Bihar Act 24, 1976.—
In the said Act section 57 shall be substituted by following namely :-
"57. Procedure of selection to be prescribed by the Statute:—
Notwithstanding any thing contained in any provision of this Act, Statute or any other laws for the time being in force, the Selection Committee constituted under section 56(2) shall be bound by the procedure of selection prescribed under this Act."
5. Saving.—
Notwithstanding the substitution of section 56(1) and 56(2) of this Act, anything done or decision and action taken prior to it shall be deemed to have been validly done or taken and shall not be questioned on the ground of the substitution or deletion.
