Jharkhand Gazette, No. 127, 15 February 2019

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(1) (p) (1) (q)( 3 ''3(1)(q)4 ( 10 (3)(b)( 5 57A

57 (A) (1)

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Jharkhand State University (Amendment) Act 2018

(Jharkhand Act-06 , 2019)

WHEREAS in the interest of teachers and as per the norms of University Grants Commission and Jharkhand State University Act, 2000 (Adapted as Amended) it is necessary that the definition of Teacher should be redefined;

And WHEREAS in the interest of bridging gap in gender enrollment of the State it is most expedient to establish a Women's University;

And WHEREAS in the educational interest of the State it is most expedient to make provisions for appointment to the post of Vice-Chancellor and Pro-Vice Chancellor in the Universities of State in consonance with the prescribed standards of University Grants Commission and the norms of the Jharkhand State University Act, 2000 (Adapted and as Amended).

And WHEREAS in the educational interest of the State it is also expedient to revise upwards the sum required to enable a person to become life member of the University Senate, keeping in view the current fiscal scenario.

And WHEREAS in the new perspective it is necessary to formulate provisions for promotion of teachers in affiliated Colleges, (Including Religious and Linguistic Minority Colleges).

Now therefore,be it enacted by the Legislature of the State of Jharkhand in the Sixty-

nineyear of the Republic of India as follows:-

CHAPTER-01

Preliminary

1. Short title, extent and commencement –

(i) This Actshall be called Jharkhand State Universities (Amendment) Act, 2018.

(ii) It shall extend to the whole of the State of Jharkhand.

(iii) It shall come into force at once.

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CHAPTER-02

2. Substitution of Sub-Section-(V) of Section-2 of Jharkhand State Universities Act, 2000

(Adapted and as Amended)

Existing provision of Sub-Section (v) of Section-2

2 (V)- Teacher includes Principal, University Professor, College Professor, Reader and Lecturer imparting instruction in Department, College or Institute maintained by the University;

Be substituted by the following provision:-

Substitution of Sub-section (V) of Section-2

2 (V)- Teacher includes Principal, University Professor, College Professor, Reader/Associate Professor/Lecturer selection grade/Lecturer senior scale and Lecturer/Assistant Professor (Stage-I, Stage-II and Stage-III) imparting instruction in Department, College or Institute maintained by the University.

3. Insertion of Sub-Section-(1) (q) of Section-3 (Establishment and incorporation of

Universities) of Jharkhand State Universities ACT, 2000 (Adapted and as Amended)

Be inserted by the following provision:-

At the end of sub-section-1 (p) of the Section-3 of the Jharkhand State Universities Act, 2000 (Adapted and as amended) hereinafter referred to as the said Act, the following Sub- section will be inserted as sub-section-1 (q):-

"3(1)(q)"Jamshedpur Women's University, Jamshedpur", through the up gradation of Jamshedpur Women's College, Jamshedpur and having its headquarter at Jamshedpur."

4. Insertion of Sub-Section-(1)(i) of Section-10 under Sub-Section-(1) of Section-10 (Vice

Chancellor) of Jharkhand State Universities ACT, 2000 (Adapted and as Amended)

Existing provision of Sub-section (1) of Section-10

"10 (1) No person shall be deemed to be qualified to hold the office of Vice-Chancellor unless such person is, in the opinion of the Chancellor, reputed for his scholarship and academic interest.

Further, it would be desirable that the person has administrative experience either at the Government or at the University level."

Be inserted by the following provision:-

10 (1) (i)The Selection of Vice-Chancellor should be through proper identification of a panel of 3-5 names by a Search Committee through public notification or nomination or a talent search process or in combination thereof. The members of the above Search Committee shall not be connected in any manner with the University concerned or its colleges.

In respect of State Universities, the following shall be the constitution of the Search Committee.

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a. A nominee of the Chancellor would be the Chairperson of the Committee. b. A nominee of the Chancellor, being an eminent educationist of high repute. - Member c. An officer representing State Government - Member 5. Substitution and insertion of Sub-section-(2) of Section-10 (Vice-Chancellor) of Jharkhand State Universities ACT, 2000 (Adapted and as Amended)

Existing provision of Sub-section (2) of Section-10

10 (2) "The Vice-Chancellor shall be appointed by the Chancellor in consultation with the State Government."

Be substituted by the following provision:-

Substitutionof Sub-section (2) of Section-10

10 (2) (i) Chancellor shall appoint the Vice-Chancellor out of the panel of names recommended by the Search Committee in consultation with the State Government.

Insertion in Sub-section (2) of Section-10

10 (2) (ii) The panel recommended by the Search Committee shall be in force for one year to meet out any of the situation of not joining by the person so appointed at the first instance, at the vacation of post of Vice-Chancellor on account of death, resignation or removal of the Vice-Chancellor under the provision of this Act, within one year and the Chancellor shall appoint the Vice-Chancellor from the said panel in consultation with the State Government."

6. Substitution of Sub-Section-(3) (b) of Section-10 of Jharkhand State University Act, 2000

(Adapted and as Amended)

Existing provision of Sub-section (3) (b) of Section-10

"Subject to the foregoing provisions of this section the Vice-Chancellor shall ordinarily hold office for a term of three years and on the expiry of the said term he may be reappointed by the Chancellor in consultation with the State Government and he shall hold office at the pleasure of the Chancellor for a term not exceeding three years."

Be Substituted with the following provision:-

Substitution of Sub-Section (3) (b) of Section-10

10 (3) (b) Subject to foregoing provisions of the section the Vice-Chancellor shall ordinarily hold office for a term of three years.

Provided that the age for applying to the post of Vice-Chancellor shall not exceed 65 years. Ongoing of the said term she/he may be reappointed by the Chancellor in consultation with the State Government and she/he shall hold office at the pleasure of the Chancellor for a term not exceeding three years, or up-to-the age of 70 years whichever is earlier.

7. Substitution of Sub-Section-(4)(ii) of Section-10 ofJharkhand State UniversitiesACT, 2000

(Adapted and as Amended)

Existing provision of Sub-Section (4)(ii) of Section-10

"If the person appointed as Vice-Chancellor receives pension from Central or State Government or any University or any other source then the receivable amount of pension would be considered to be part of his/her receivable pension."( 9

Be substituted by the following provision:-

Substitution of sub-section (4) (ii) of section-10

10 (4) (ii)"If the person appointed as Vice-Chancellor receives pension from Central or State Government or any University or any other source then the receivable amount of pension would be considered to be part of her/his receivable Salary and allowances."

8. Substitution of Sub-section-(1) of Section-12 ofJharkhand State Universities ACT, 2000

(Adapted and as Amended)

Existing provision of Sub-Section (1) of Section-12

"The Chancellor shall appoint the Pro-Vice-Chancellor, in consultation with the State Government."

Be substituted by the following provision:-

Substitutionof Sub-section (1) of Section-12

12 (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."

9. Substitution of Sub-section-(13) of Section-18 ofJharkhand State Universities ACT, 2000

(Adapted and as Amended)

Existing provision of Sub-section (13) of Section-18

"Every person who has given to the satisfaction of the Chancellor whether in one or more installments, a sum of not less than one lac rupees in cash or in the shape of property of the equivalent value to or for the purposes of the University or of a College.

Provided that for being a life member of the Kameshwar Singh Darbhanga Sanskrit University, the fixed amount shall be twenty-five thousand rupees."

Be substituted by the following provision:-

Substitutionof Sub-section (13) of Section-18

18 (13) "For being a life member of Senate of the University, every person who has given to the satisfaction of the Chancellor, a sum of not less than ten lakh rupees in cash or in the shape of property of the equivalent value to or for the purposes of the University or of a College."

10. Substitution of the following part of Section-57A Sub-section-(1) ofJharkhand State

Universities ACT, 2000 (Adapted and as Amended)

"Appointment of teachers of affiliated Colleges not maintained by the State Government shall be made by the Governing Body on the recommendation of the Jharkhand Public Service Commission. Dismissal, termination, removal, retirement from service or demotion in rank of teacher of such colleges shall be done by the Governing Body in consultation with the Jharkhand Public Service Commission in the manner prescribed by the Statutes:

Provided that the Governing Bodies of affiliated Minority Colleges based on religion and language shall appoint, dismiss, remove or terminate the services of teachers or take10 ( disciplinary action against them with the approval of the Jharkhand Public Service Commission.

Provided further that the advice of the Jharkhand Public Service Commission shall not be necessary in cases involving censure, stoppage of increment or crossing of efficiency bar and suspension till investigation of charges is completed."

Be substituted by the following provision:-

Substitutionof the above part in Sub-Section (1) of Section-57A

Provided that the Governing Bodies of affiliated Minority Colleges based on religion and language shall appoint, dismiss, remove or terminate the services of teachers or take disciplinary action against them with the approval of the Jharkhand Public Service Commission.

Provided also that in case of affiliated colleges not maintained by the State Government including Religious and Linguistic Minority Colleges, the promotion of teachers shall be made on the recommendation of Jharkhand Public Service Commission.

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