REGISTERED NO. PT.-40
The Bihar Gazette
The Bihar Gazette
The Bihar Gazette
The Bihar Gazette
EXTRA ORDINARY
PUBLISHED BY AUTHORITY
6 JAISTHA, 1933 (S)
(NO.PATNA 235) PATNA, FRIDAY, 27TH MAY 2011
Human Resource Development Department
—————
NOTIFICATION
25th May 2011
No. 15/M1-51/06 (part-1)-1396—For proper functioning of Arayabhatta Knowledge
University, Bihar, in exercise of powers conferred under Section 28 of Arayabhatta Knowledge
University, Act 2008 , the Governor of Bihar is pleased to issue the first Statutes of Arayabhatta
Knowledge University , as under-
THE ARYABHATTA KNOWLEDGE UNIVERSITY, PATNA
Objects and Reasons of the A. K. University Act 2008
The A. K. University Act 2008 provides for the establishment of a University at Patna to
conduct and facilitate affiliations of Institutions in the conventional as well as new frontiers of
professional education. All the colleges and institutions imparting professional education for
example Engineering & Technology including Information Technology, Nanotechnology and
Biotechnology, Management, Medicine, Health Technology, Public Health, Pharmacy,
Optometry, Nursing, Education, Law etc. is to be affiliated to this University. The object is to
achieve excellence in teaching, research and extension work in these areas and other matters
connected therewith or incidental thereto.
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
THE ARYABHATTA KNOWLEDGE UNIVERSITY, PATNA
(Vide Sec.27 of the Act.)
THE STATUTES OF THE UNIVERSITY
CHAPTER – I
SECTION
1. Chancellor. – The Governor of Bihar by virtue of his office shall be the Chancellor of
the University and shall exercise his powers as vested upon him under sub section (2) to (11) of
Section 8 of the Act.
2. The following shall be the officers of the University .– The emoluments of the officers,
except teachers appointed as officers, shall be as fixed by the State Government from time to
time.
(a) The Vice Chancellor
(b)
The Deans of Faculties
(c)
The Registrar
(d)
The Finance officer
(e)
The Examination Controller
(f)
The Librarian
(g)
Such other officers as may be declared by the Statutes from time to time.
3. Vice-Chancellor.-
(a) The Vice Chancellor shall be appointed by the Chancellor from out of a panel
recommended by a committee constituted under sub section 2 of section 10 of the
Act. Provided that if the chancellor does not approve of for appointment of any of
the persons included in the Panel, he may call for an extended fresh Panel.
(b) The committee referred to in sub-section (a) above shall consist of three persons,
out of whom one shall be nominated by the Executive council, one by the
Chancellor and one by the State government, and the member nominated by the
government shall be Convener of the
(c)
committee.
Provided that none of the member of the committee shall be an employee of
the University or a College or an Institution maintained by the University
or Government or member of the Governing body or of any Authority of
the university.
Provided further that the Panel shall be prepared from out of candidates who
submit their curriculum vitae or is sponsored by some reputed person or
Institution in the field of science, medicine, dental science, technology,
Law, management or any other relevant fields.
(d) The Vice-Chancellor shall be a whole time salaried officer of the university
(e)
The Vice – Chancellor shall hold office for a term of three years except the first
Vice-Chancellor who will hold office for four years from the date on which he
assumes charge of office or until he attains the age of 70 years, which ever is
earlier, and he may be reappointed for another term within the prescribed age
limit.
Provided that the chancellor may require the Vice-chancellor after his term
has expired, to continue in office until the new V.C. assumes office or for
such period not exceeding a total period of one year, as may be specified
by him.
(f) Notwithstanding any thing contained in sub-section (d), the chancellor may at
any time for reasons to be recorded in writing and in consultation with the State
Government require the vice-chancellor to resign his post from the date as may
be specified in the order on grounds of incapacity, misconduct, or violation of the
provisions of the Act or Statutes.
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
Provided that no such order shall be made by the Chancellor unless the Vice-
chancellor has been given a reasonable opportunity of showing cause
against the action proposed to be taken against him.
Provided further that the Chancellor shall consult the State Government before
passing such order.
Provided also that the chancellor may for sufficient reasons before making
such order, place the Vice-Chancellor under suspension, pending enquiry
for a term not exceeding one month.
(g) The emoluments and other conditions of service of the vice-chancellor shall be as
follows: -
(i) The Vice-Chancellor shall be a whole time officer and shall bepaid pay
and allowances other than house rent allowance, at the
rates fixed by
the state government from time to time and he shall be entitled to rent
free, furnished residence during his term of office and no charge shall fall
on the Vice-chancellor in respect of the maintenance and security of such
residence. Where the person appointed as 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 vice-chancellor.
(ii) The Vice-Chancellor and his/her spouse and dependent sons and
daughters shall be entitled to
free
medical
treatment
and
the
University shall reimburse their medical bills.
(iii) The Vice-Chancellor shall also be entitled to other benefits and
allowances such as free fuel for staff car, telephone electricity,
newspapers and magazine, etc. as may be fixed by the Executive
Council.
Provided that where an employee of the University, or a college or an
Institution maintained by the university, or of any other
university, or any college or institution maintained by or
admitted to the Privileges of such other University, is appointed
as the Vice-chancellor he may be allowed to contribute to
provident fund of which he is a member and the previous
employer shall transfer the balance standing to the credit of the
employee in his Provident Fund Account to his present
employer/university and the V. C. shall continue in the same
scheme in which he was member in the former organisation.
(h) The Vice – Chancellor shall be entitled to various kinds of Leave as per Leave
Rules framed under this statute.
(i) The Vice-Chancellor shall be entitled to Travelling allowance and Daily
allowance at the rate prescribed by the State Government.
(j) If the office of the Vice-Chancellor becomes Vacant due to death, resignation or
otherwise, or if he becomes unable to perform his duties due to ill-health or any
other cause, the senior most professor of the university shall perform the duty of
the Vice-Chancellor with the approval of the Chancellor till new Vice-Chancellor
joins.
4. Power and duties of Vice-Chancellor.—
(a) The Vice-Chancellor shall be the Chief Executive and Academic officer of the
university and in the absence of the Chancellor shall preside at meetings of the
Court and convocation of the university.
(b) The Vice-Chancellor shall be ex-officio chairman of the Executive Council, the
Academic Council, Selection Committee, Finance Committee and such other
committee constituted under this Statute.
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
(c) The Vice-Chancellor shall be entitled to be present and address, any meeting of
any Authority or other body of the university, but shall not vote in the first
instance but shall have and exercise a casting vote in the case of equality of votes.
(d) The Vice-Chancellor shall be responsible for the proper administration of the
university and for a close coordination and integration of teaching, research and
extension work and other matters connected therewith or incidental thereto.
(e) It shall be the duty of the Vice-Chancellor to see that this Act., the Statute, the
Ordinances and the Regulations are duly observed and he shall have all the
powers necessary to ensure such observance.
(f) The Vice-Chancellor shall have all the Powers necessary for the proper
maintenance of discipline in the university and he may delegate any such power
to such officer or officers as he may deem proper.
(g) The Vice-Chancellor shall have the power to convene or cause to be convened
the meetings of the Court, the Executive Council, the Academic Council, the
Finance Committee, Selection Committee and any Authority and Body
constituted under the provisions of the Act of the university.
(h) The Vice-Chancellor shall exercise general supervision and control over the
affairs of the university and shall ensure the faithful observance of the provisions
of the Act and Statute and Regulations.
(i) Except when the Executive council or Academic council is in Session, the Vice-
Chancellor if he is of the opinion that immediate action is necessary on any
matter, may exercise any power conferred on any Authority of the university by
or under this Act and shall apprise the authority concerned at its next meeting of
the action taken by him on such matter.
Provided that such exercise of power shall be made only in emergent situation
and in no case in respect of creation, and up gradation of posts and
appointments thereto.
Provided further that if the authority concerned is of the opinion that such
action ought not to have been taken, it may refer the matter to the
Chancellor whose decision thereon shall be final.
(j) Where any action taken by the Vice-chancellor under sub section (i) of section 4
of this Statute affects any person in the service of the university to his
disadvantage such person may prefer an appeal to the Chancellor within thirty
days from the date on which such person has been served with a notice of the
action taken.
(k) The Vice-Chancellor shall exercise such other power and perform such other
duties as may be assigned to him by the Statutes or the ordinances.
(l) The Vice-Chancellor shall appoint Dean Students welfare and Proctor from
amongst the teachers and paper setters and examiners from the panel of names
submitted by the Board of moderators.
(m) The Vice-Chancellor shall be responsible for the presentation of the budget and
Accounts to the court.
5. The Schools (Faculties) and Deans of School-
(a) The university shall have the following Schools-
(i)
School of Engineering & Technology.—This will include Information
Technology, Nanotechnology and Biotechnology, Renewable energy etc.
(ii)
School of Management Teachings. This will include all streams
connected with the management and administration of business or public
undertakings.
(iii) School of Health & Medicine.—This will include Medicine, Health
Technology, Public Health, Pharmacy, Optometry, Nursing and such
other streams.
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
(iv) School of Educational Training & Research. This will include
educational training of different grades and intellectual and social
Instructions.
(v)
School of Law & Legal Science.
(vi) School of Art ,Culture and Sports,
(vii) And such other Schools as may be declared by the Statute to be School
of the university.
(b) Dean of School shall be appointed by the Vice-Chancellor from amongst the
professors in the School concerned by rotation in order of seniority for a period
of two years.
Provided that in case there is only one professor or no professor in a School,
the Dean shall be appointed, for the time being from amongst the
Associate professors by rotation in order of seniority.
Provided further that a Dean on attaining the age of superannuation shall cease
to hold office as such.
(c) The seniority shall be reckoned with effect from the date of appointment as
university professor or as Associate professor as per merit list decided by the
Selection Committee on the original post as the case may be.
Provided that : -
(i) Among two or more such teachers appointed in the same rank on the
same date whose inter-se-seniority can not be decided by relevant
provisions of Statutes the seniority shall be determined according to their
seniority decided by the University at the time of appointment.
(d) When the office of the Dean is vacant or when the Dean is on leave by reason of
illness, or any other cause and is unable to perform duty of his office, the Senior
most professor or Associate professor, in that School as the case may be shall
perform the duties of the Dean with the approval of the Vice-Chancellor.
(e) The Dean shall be Academic officer of the school and shall be responsible for the
conduct and maintenance of the standards of teaching and research in the school
and shall have such other functions as may be prescribed by the ordinances.
(f) The Dean shall have the right to be present and to speak at any meeting of the
Boards of Studies or committee of the school, as the case may be but shall not
have the right to vote thereat unless he is a member thereof.
(g) Each School shall subject to the control of the Academic council, have charge of
the courses of studies, conduct courses and Research work in such subjects as
may be assigned to such school by Regulation.
(h) Subject to the provisions of the Act each school shall have the following powers:
(i) To constitute the Board of the Courses of study of the
Departments
allotted to it.
(ii) To exercise such powers as may be assigned to it by the Academic
council from time to time.
6. Registrar.—
(a) A Master’s degree with at least 55% of the marks or its equivalent.
(b) At least 15 years of experience as Lecturer / Asstt. Professor with eight years in
Reader’s grade along with experience in educational administration.
Or
Comparable experience in research establishment and / or other institutions of
higher education.
Or
15 years of administrative experience of which 8 years as Deputy Registrar or an
equivalent post.
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
(c) The Registrar shall be appointed by the Executive council on the
recommendation of Selection committee of the university and shall be a whole
time salaried officer of the university.
(d) The Registrar shall be appointed for a term of 5 years and shall be eligible for re-
appointment.
(e) The emoluments shall be such as approved by the State Government from time to
time and other terms and conditions of service of the Registrar shall be such as
may be prescribed by the Executive Council from time to time
.
Provided that the Registrar shall superannuate on attaining the age as prescribed
by the State Government.
(f) Notwithstanding any thing contained in the Act or the Statute, the Executive
council may appoint an officer of the Central or State Government to be the
Registrar on such terms and conditions as may be prescribed by the Executive
Council in consultation with the State Government.
(g) When the office of the Registrar is vacant or when the Registrar is by reason of
illness, absence or any other cause, unable to perform the duties of his office the
duties of the office shall be performed by such officer as the Vice-chancellor may
appoint for the purpose.
(h) (i) The Registrar shall have power to take disciplinary action against such
of the employees, excluding teachers and officers, and to suspend
the
employees and to initiate enquiry into the charges, and impose penalty as
provided in this Statute.
Provided that no such penalty shall be imposed unless the person has been
given a reasonable opportunity of showing cause against the action
proposed to be taken in regard to him.
(ii) An appeal shall lie to the vice-chancellor against any order of the Registrar
imposing any of the penalties specified in the Statute.
(iii) In a case where the inquiry discloses that a punishment beyond the power of
the Registrar is called for, the Registrar shall upon
the conclusion of the
inquiry as provided in the Regulation make a report to the vice-chancellor
along with his recommendations.
Provided that an appeal shall lie to the Chancellor againstan order of the
Vice-chancellor imposing any penalty within a period of sixty days.
(i) The Registrar shall be ex-officio secretary of the Executive Council and the
Academic Council, but shall not be deemed to be a member of either of these
authorities and he shall be ex-officio member-secretary of the court.
(j) It shall be the duty of the Registrar:-
(i)
To be the custodian of the records, the common seal and such
other
property of the university as the Executive council shall commit to his
charge;
(ii)
To issue all notices convening the meeting of the Court, the Executive
council, the Academic Council and of any Committee appointed by these
Authorities;
(iii)
To keep the minutes of all the meetings of the Court, the Executive
Council, the Academic Council and of any Committee appointed by
these Authorities;
(iv)
To conduct the official correspondence of the Court, the Executive
council and the Academic Council and other Statutory committees;
(v)
To supply to the Chancellor, copies of the agenda of the meetings of the
Court and Executive council as soon as they are issued and minutes of
such meetings;
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
(vi)
To represent the university in suits or proceedings by or against the
university, sign powers of attorney and verify pleadings or depute his
representative for the purpose; and
(vii)
To perform such other duties as may be specified in the Statutes, the
Ordinances or the Regulations or as may be required from time to time
by the Vice-Chancellor or the
Executive council.
7. Finance officer.—
(a) The Finance officer shall be appointed by the Executive council on the
recommendations of the Selection committee of the university either on
deputation or by re-employment from amongst the officers of the office of the
Accountant General, Bihar or Bihar Account Service or Bihar Finance Service
and he shall be a whole time salaried officer of the university.
(b) The Finance officer shall be appointed for a term of 5 years and shall be eligible
for re-appointment, and shall retire at the age as prescribed by the State
Government.
(c) The emoluments shall be such as approved by the State Government from time to
time & other terms and conditions of service of the Finance officer shall be such
as may be prescribed by the Executive council from time to time.
(d) When the office of the Finance officer is vacant or when the Finance officer is by
reason of illness, absence or any other cause, unable to perform the duties of his
office, the duties of the office shall be performed by such person as the Vice-
Chancellor may appoint for the purpose.
(e) The Finance officer shall be ex-officio secretary of the Finance committee, but
shall not be deemed to be a member of such committee.
(f) In all proposals having financial implications the advice of the Finance officer
shall be obtained.
(g) The Finance officer shall-
(i) Exercise general supervision over the funds of the university and shall
advise as regards its financial policy; and
(ii) Perform such other function as may be assigned by the Executive
council or prescribed by the Statutes or Ordinance.
(iii) Work under Administrative control of the Vice-Chancellor.
(h) Subject to the control of the Executive council, the Finance officer shall-
(i) Hold and manage the property and investments of the university including
trust and endowed property;
(ii) ensure that the limits fixed by the Executive council for recurring and
non-recurring expenditure for a financial year are not exceeded and that
all moneys are expended on the purpose for which they are granted or
allotted;
(iii)
be responsible for
(1) Preparation of annual Accounts and budget of the university,
(2) Maintenance of Accounts,
(3) Audit of Accounts from time to time,
(4) Compliance of Audit-objection,
(5) Timely receipt of grants from the State Government or the UGC and
submission of Utilisation certificates.
(iv)
Keep a constant watch on the State of the cash and bankbalances and on
the State of investments;
(v)
watch the progress of the collection of revenue and advise on the methods
of collection employed;
(vi)
ensure that the registers of buildings, land, furniture and equipment are
maintained up to date and that stock checking of equipments and other
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
consumable materials in all Offices, Departments, Centres and specialized
laboratories is conducted.
(vii)
bring to the notice of the Vice-Chancellor unauthorized expenditure and
other financial irregularities and suggest disciplinary action against
persons at fault; and
(viii) call for from any Office, Department, Centre, Laboratory, College or
Institution maintained by the university any information or returns that he
may consider necessary for the performance of
his duties.
(i)
Any receipt given by the Finance officer or the Person or persons duly authorized
in this behalf by the Executive council for any money payable to the university
shall be sufficient discharge for payment of such money.
8. Controller of Examinations-
(a) The controller of Examinations shall be appointed by the Executive council on
the recommendations of the University Selection committee and he shall be a
whole – time salaried officer of the university.
(b) The controller of Examinations shall be appointed either on deputation or by
direct appointment for a term of 3 years or as decided by the Executive council
and shall be eligible for re-appointment.
(c)
The emoluments shall be such as approved by the State Government from time to
time and other terms and conditions of service of the controller of Examinations
shall be such as may be prescribed by the Executive Council.
(d) The Controller of Examination shall be assisted by the Assistant Controller of
Examination in conducting examination of various courses.
Provided that the controller of Examinations shall retire on attaining the age as
prescribed by the Government.
(e)
When the office of the Controller of Examinations is vacant or when the
Controller of Examinations is by reason of illness, absence or any other cause,
unable to perform the duties of his office, the duties of the office shall be
performed by such person as the Vice-Chancellor may appoint for the purpose.
(f)
The Controller of Examinations shall arrange for and superintend the
Examinations Conducted by the University in the manner prescribed by Statutes,
ordinances, or regulations.
9. Librarian.—
(a) The Librarian shall be appointed by the Executive council on the
recommendation of the Selection committee and he shall be a whole time salaried
officer of the University.
(b) The qualification of the Librarian shall be such as prescribed by the University
Grants Commission.
(c)
The emoluments of the Librarian shall be such as approved by the Government
from time to time.
(d) The Librarian shall exercise such power and perform such function and duties as
may be assigned to him by the Executive council or by the Vice-Chancellor from
time to time.
(e)
The Librarian shall superannuate on attaining the age as prescribed by the
Government.
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
10. Other officers of the University.—
(a) Subject to the provision of sub section (7) of section 9 of the Act. the following
shall also be the officer of the university in addition to the officers mentioned at
section 2 of the Statutes : -
(i)
The Dean, Students’ welfare
(ii)
Proctor
(iii)
Development officer
(iv)
Budget & Accounts officer
(v)
Deputy Registrar
(vi)
Assistant Registrar
(vii)
Inspector of the Colleges
(viii)
Pension & Retirement Benefits officer
(ix)
Medical officer
(x)
University Engineer
(xi)
Planning officer
(xii)
Assistant Controller of Examination 02 (Two)
NOTE:- The Vice-Chancellor with the approval of the State Government may retain the
services of any legal practitioner as “Legal Consultant” on fixed monthly
professional fee or otherwise for time to time consultation on legal issues as also
for defending cases in Court.
Vice-Chancellor may also appoint one Liaison officer as per need.
(b) The Dean of Students’ Welfare : -
(i)
The Dean of Students’ Welfare shall be appointed by the Vice-Chancellor for
a period of two years from amongst the University professors.
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.
(ii)
The teacher appointed as the 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 Dean, Students’ Welfare. Duties, Powers And Functions of
Dean, Student’s Welfare:
Duties, Powers and Functions of Dean. Student's Welfare:
(iii)
Subject to the provisions of the Act, the Statutes and general supervision and
control of the Vice-Chancellor, the Dean, Students’ Welfare shall exercise
powers and perform duties as under : -
(1)
To supervise and generally guide the activities of the Executive
council of Students’ Union of the University and Colleges.
(2)
To promote and encourage cultural, social and literary activities with a
view to fostering health, corporate life in the student community.
(3)
To establish and direct programme of students guidance and counseling.
(4)
To act as a liason between the Government of India, State Government,
the University, other Universities and national and cultural
organisations on the one hand and the students executive council,
University Departments, colleges and institutions on the other, for
purposes of planning and executing different scheme, programmes and
activities relating to students welfare.
(5)
To take initiative for the institution and award of scholarships, free
studentship and half-free studentships and be responsible for timely
disbursement of all types of scholarships to students of the University
and Colleges and to administer the funds and operate the accounts
sanctioned for the purpose. Also to correspond with the State
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
Government, Central Government, U.G.C. and such other bodies and
persons from whom the grants for scholarships are to be received.
(6)
To take steps to provide for proper amenities in the
hostels attached
to the University including the working of the messes, canteens
consumer’s co-operative stores and to exercise general supervision in
respect of the hostels attached to colleges.
(7)
To take proper steps in respect of the grievances of students regarding
the facilities available to them in the libraries, hostel’s common rooms
and health centres.
(8)
To perform such other duties as may be assigned to him from time to
time by Vice-Chancellor.
(9)
To promote extra-curricular activities such as games, sports,
N.C.C.
etc.
(iv)
The Dean, Students’ Welfare shall submit a detailed report about the activities
of the Students Union of the University and colleges during the academic year
to the Executive council on or before 31st May, following the close of the
financial year.
(c) Proctor : -
(i)
The Vice-Chancellor shall appoint ‘Proctor’ from amongst such teachers
of the University as are not below the rank of Associate Professor.
(ii)
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.
(iii)
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.
(d)
Duties, Powers and Functions of The Proctor.—Subject to the provisions of the
Act and Statutes and general supervision and control of the Vice – Chancellor,
the Proctor shall exercise the powers and perform duties as under:-
(i)
The Proctor shall be responsible for maintenance of discipline amongst
students in the University, office, departments and institutes and colleges
in and around the University campus and for that he shall exercise such
powers as may be delegated to him by the Vice-Chancellor from time
to time and shall perform such other duties as may be assigned to him by
the Vice-Chancellor from time to time.
(ii)
All complaints relating to students’ indiscipline brought to the
notice
of the Proctor shall be investigated by him and he shall make necessary
recommendations to the authorities concerned.
(iii)
Without prejudice to the powers vested in the Vice-Chancellor or the
Principal of a college or the Head of University Department or Institute but
subject to approval of the Vice-Chancellor, the Proctor shall have powers to
(i)
fine any student for breach of
discipline,
(ii)
suspend any student and prohibit him from entering the premises
of the Department or college or institution or hostel or other
places of residence extending up to period of onemonth, or
(iii)
order legal action to be taken against a
student;
Provided that before taking any such action against a student the
Proctor shall make such enquiry as he may consider
necessary and satisfy himself about the gravity of the
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
offence and involvement of the student concerned and
recommend to the authority considered, for award of proper
punishment. The Principal of the college concerned, the
Head of the University Department or Institute or the
Superintendent of the Hostel concerned shall implement the
order and send compliance report to the Proctor within the
time stipulated.
(iv)
The Proctor shall be entitled to visit any University Department or
Institute or college or Hostel or any other place or student’s
residence or any other place where the occurrence of breach of
discipline on the part of student or students has taken place or is
likely to take place and he shall have the authority to interrogate
any student on relevant matters and the student shall furnish all
information required of him;
Provided that Proctor shall visit any such place only with the
prior permission of the Vice-Chancellor except that in case
of emergency, he may visit such a place on his own accord
and inform the Vice-Chancellor thereafter as soon as
possible.
(v)
Heads of the University Departments or Institutes or Principals
of Colleges shall report to the Proctor every case of students
indiscipline brought to their notice and action taken by them or
recommended to be taken against the student concerned in the
matter.
(vi)
The Proctor shall maintain a register of all cases of indiscipline
on the part of students stating therein the name and other details
of the student concerned and action taken against him either by
the Head of the Department or Institute or Principal of college or
by any other authority.
11. Authorities of the University.—The following shall be the authorities of the
University, namely : -
(a) The Court;
(b) The Executive council;
(c) The Academic council;
(d) The Schools (Faculties);
(e) The Examination Board;
(f) The Finance Committee;
(g) The Planning and Evaluation Committee; and
(h) Such other authorities as may be declared to be the authorities of the
University
by the Statutes.
12. The Court: -
(a)
The Court shall be constituted by the State Government which shall consist of
the following persons, namely –
(1)
The Minister,HRD-Chairman ;
(2)
The Vice-Chancellor;- Vice-Chairman
(3) The Principal Secretary/Secretary, Human Resource Development
Department;
(4)
Dean Students’ Welfare
(5) Proctor
(6) Principal Secretary/Secretary, Health and Family Welfare;
(7)
Principal Secretary/Secretary, Science and Technology;
(8)
The Director of Technical Education, Bihar;
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
(9) The Deans of Schools;
(10) Five Principals of Colleges maintained by the University as are not
Deans to be nominated by the Vice-Chancellor in rotation;
(11) Four persons to be selected by the Speaker of the Assembly from
amongst the members of the Bihar Legislative Assembly, one of whom
shall be from Scheduled Caste/ Scheduled Tribe, one from other
Backward Classes and one from women;
(12) Two persons, to be selected by the Chairman of the Council from
amongst the
members of the Bihar Legislative Council.
(13) One employee of the University / College elected by the University / and
College employees Association.
(14) One student from amongst the students of University to be elected by the
members of the Students’ Union;
(15) Such members of the Executive council as are not members of the Court
under the above provisions.
(16) Four persons to be nominated by the State Government who are known
for their academic interest.
(b)
Meeting of The Court:-
(i) Annual meeting of the Court shall be held once a year on the date to be fixed
by the Executive council either in the month of August or September every
year for such number of days as it is necessary.
The meetings of the Court shall be presided over by the Chairman and in his
absence, by the Vice-Chairman.
(ii) At the annual meeting of the Court, a report on the working of the University
during the previous year, together with budget and a statement of the receipts
and expenditure, the balance-sheet as audited, and the financial estimates for
the next year shall be presented.
(iii) A copy of the statement of receipts and expenditure, the balance-sheet and
the financial estimates referred to in sub section (2) of section 10 of the
Statute shall be sent to every member of the Court at least seven days before
the date of the annual meeting.
(iv)
Special meeting of the Court may be convened by the Executive council
upon a requisition in writing signed by not less than one third of the total
number of members of the Court, only one special meeting in a year.
(v)
One third members of the Court shall form a quorum for a meeting of the
Court.
(c)
Term of office of members of the Court:-
(i)
The term of office of members of the Court other than the ex officio
member, the members whose terms have not been specified under this
Act, shall be three years from the date of their notification:
Provided that a member elected, or nominated as a representative of
anybody 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:
(ii)
The Court shall have perpetual succession and any of its acts or
proceedings shall not be invalid merely because of any vacancy or
vacancies in its membership.
(d)
Powers and duties of the Court:-
(i)
Subject to the provisions of this Act and Statutes, the Court 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 Statute.
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
(ii)
In particular and without prejudice to the generality of the foregoing
powers, the Court shall exercise the following powersand perform the
following duties, namely -
(1)
of making the Statutes
(2)
of passing resolution after having considered the annual report, the
annual account, the financial estimates and audit report on such
accounts;
(3)
of exercising the powers for the purpose of control in Colleges, and
of superintendence which include affiliation and
disaffiliation of
Colleges:
Provided that affiliation or disaffiliation of Colleges shall not take
effect, unless it is approved by the State Government.
Before granting such an approval, the State Government
shall consider the financial viability of the College, the
nature and form of the proposed management of the
college, the viability of the academic standard and all other
conditions which are likely to have adverse effect on the
interests of students admitted to
such a college
(4)
of instituting and conferring such degrees, titles, diplomas and other
academic distinctions as may be prescribed by the Statutes; and
(5) of exercising such other powers and of performing such other duties
as are conferred or imposed upon it by the Act or the Statutes.
(e)
For participating in the meeting of the Court, local members shall be entitled to
conveyance allowance as applicable to State Government employees. Members
coming from outside shall get Daily allowance in addition to Travelling
allowance as per State Government Rule”.
(f) (i) In addition to the fees, grants, donations, gifts and contributions received
from
UGC, State Government, and other Agencies, the University shall endeavor to
augment its resources with the cooperation of corporate house etc. for meeting
requirement of fund for Research & Development, construction work, and for
awarding scholarships.
(ii) The State Government may consider to provide Grant for development of the
University and promotion of academic activities.
(iii) Fund received from the State Government from time to time shall be expended /
disbursed with the approval of the Executive Council as per direction of the
State Government.
13. The Executive council.—The Executive council shall be the principal Executive body
of the university and shall consist of the following persons-
(a) Ex-officio members of the Executive Council
(i)
The Vice-Chancellor (Chairman)
(ii)
Director, Higher Education
(iii)
Director, Health Services
(iv)
Director, Science and Technology
(v)
Deans of the faculty of Engineering, Medicine, Education, Law, and
Management,
(vi)
Dean Students Welfare
(vii)
Proctor
(b) Other members
(i)
Two Principals of Colleges and two Heads of the university Department
by rotation for a period of one year.
(ii) One reputed educationist nominated by the Chancellor:
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
Provided that if in the foregoing sub section of section 13 of the Statute
there be no scheduled caste member, then in that case the Chancellor
shall nominate a scheduled caste member having academic interest.
(iii) Fifty percent of members of the Executive council shall form a quorum
for meeting of the Executive council.
(c)
Powers and functions of Executive council-
(i) The Executive council shall be the chief Executive body of the university
and shall hold office for a period of three years.
(ii) The Executive council shall hold, control and administer property and fund
of the university including endowments, donations and such other transfer
made for the benefit of the university and dispose of any such property for
the purpose of the university:
Provided that no property shall be disposed of except with the prior
approval of the State Government.
(iii) Subject to the provisions of this Act, the Statutes and the
ordinances, the
Executive council shall in addition to all other powers vested in it, have the
following powers namely:-
(1) Determine and regulate all matters concerning the university.
(2) To create teaching and other academic posts including chairs, to determine
the number and emoluments of such posts as approved by the State
Government and to define the duties and conditions of service of officers
(other than the Vice-Chancellor and teachers of the university).
Provided that no action shall be taken by the Executive council in respect
of the number and qualifications of teachers and other academic staff
otherwise than after consideration of the
(3)
To appoint such Professors, Associate Professors, Assistant Professors and
other academic staff including chairs, as may be necessary on the
recommendation of the Selection committee of the University.
(4)
The Executive council may appoint a teacher or any other academic staff
working in any other university or organization for undertaking a joint
project in accordance with the manner laid down in the ordinances.
(5)
The Executive council may appoint a person selected in
accordance
with the procedure laid down in Statute for a fixed tenure or such terms and
conditions as it deems fit.
Provided that appointment on any post shall be made only after the
prior sanction of the post by the State Government.
Provided further that if at any time circumstances warrant immediate
action in the interest of the university the appointment may be made
against the post (s) already proposed to the State Government for
sanction but such appointments shall be subject to the sanction by the
State Government and pending sanction shall not Continue for more
than six months.
(6)
To promote inter-facial research by making joint appointments of teaching
staff in different Schools, Departments and centres,
(7) To create administrative ministerial and other posts and to define their
duties and conditions of service and make appointments thereto in the
manner prescribed by the ordinances;
(8)
To grant Study leave to teachers of the university and to make necessary
arrangements.
(9)
To regulate and enforce discipline among employees in accordance with
the Statutes and the ordinances;
15
BIHAR GAZETTE (EXTRA), 27TH MAY 2011
(10) To manage and regulate the finances, accounts, investments, property,
business and all other administrative affairs of the university and for that
purpose to appoint such agents as it may think fit;
(11) To fix limits on the total recurring and the total non-recurring expenditure
for a year on the recommendation of the Finance committee;
(12) To invest any money belonging to the university, including any unapplied
income in such stocks, funds, share or securities from time to time as it
may think fit or in the purchase of immovable property with the like
powers of varying such investment from time to time;
(13) To transfer or accept transfers of any movable or immovable property on
behalf of the university;
(14) To provide building premises, furniture and apparatus and other required
infra structure for carrying out the work of university;
(15) To enter into, vary, carryout and cancel contracts on behalf of the
university;
(16) To entertain adjudicate upon and if deemed proper to redress grievances of
the employees and students of the university who may for any reason may
feel aggrieved;
(17) To fix remuneration and traveling and other allowances for paper
setters
and examiners and Board of moderators in consultation with the Academic
council;
(18) To select a common seal for the university and provide for the use of such
seal;
(19) To make such special arrangements as may be necessary for the abode of
women students;
(20) To institute fellowships, scholarships, studentship madals and prizes;
(21) To provide for the appointment of visiting professors, professor Emeritus,
consultants and scholars and determine the terms and conditions of such
appointments;
(22) To enter into partnership with industry and non-governmental agencies for
the advancement of knowledge and establish a corpus of funds out of the
profits of such partnership; and
(23) To exercise such other powers and perform such other duties as may be
conferred or imposed on it by this Act or the Statutes.
14. The Academic Council: -
(a)
The Academic Council shall consist of : -
(i)
The Vice-Chancellor;
(ii)
The Deans of Faculties;
(iii)
The Director, Higher Education, Bihar;
(iv)
All Heads of University Departments;
(v)
All Principals of colleges / maintained by the State Governments;
(vi)
Not more than two experts outside the University service, to be co-opted
by the Academic Council for specific purposes
according to needs;
(vii)
The President of the University Students’ Union.
(b)
The term of office of members, other than the ex-officio members, shall be for a
period of three years with effect from the dates of their respective election or
nomination and shall include any further period which may elapse between the
expiration of the said period of three years and the date of the next succeeding
election or nomination, as the case may be, not being an election or nomination to
fill up any casual vacancy;
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
Provided that any member elected or nominated 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.
15. Power and functions of Academic Council.—Subject to the provisions of this Act the
Statutes and the Ordinances, the Academic council shall in addition to all other powers vested in
it have the following powers, namely : -
(a)
To exercise general supervision over the academic policies of the university and
to give directions regarding methods of instruction, coordination of teachings
among the colleges and the institutions, evaluation of research and improvement
of academic standards;
(b)
To bring about and promote inter-school coordination and to establish or appoint
such committees or boards as may deem necessary for the purpose;
(c)
To consider matters of general academic interest either on its own initiative or a
reference by a school or the Executive council, and to take appropriate action
thereon ; and
(d)
To frame such Regulations and Rules consistent with the Act and Statutes and
the ordinances regarding the academic functioning of the university, discipline,
residence, admissions, award of fellowship and studentship fees, concessions,
corporate life and a attendance.
(e)
One third of the Members of the Academic council shall form a quorum for a
meeting of the Academic council.
16. Finance Committee.—
(a)
The Finance Committee shall consist of the following members namely:-
(i)
The Vice-Chancellor as the Chairman
(ii)
An officer of the State Government of the rank of Joint Secretary or
above to be nominated by the State Government.
(iii)
One person to be nominated by the Court;
(iv)
Three persons to be nominated by the Executive council, out of whom
at least one shall be a member of the Executive council;
(v)
Three persons to be nominated by the Chancellor from amongst teachers
not below the rank of university professor.
(b)
Five members of the Finance Committee shall form a quorum for a meeting of
the Finance Committee.
(c)
All the members of the Finance Committee other than ex officio members, shall
hold office for a term of three years.
(d)
A member of the Finance committee shall have the right to record a minute of
dissent if he does not agree with any decision of the Finance Committee.
(e)
The Finance Committee shall advise the university on any question affecting its
finance.
(f)
The Finance Committee shall prepare the annual estimate of income and
expenditure of the university and colleges and study centers.
(g)
The Finance Committee shall have power to scrutinise the extimates of the
colleges and Study Centers.
(h)
The Finance Committee shall be responsible for maintenance of Accounts of
income and expenditure of the university.
(i)
The Finance Committee shall meet at least thrice every year to examine the
accounts and to scrutinise proposals of expenditure.
(j)
All proposals relating to creation of Posts, and those items which have not been
included in the Budget, shall be examined by the Finance Committee before they
are considered by the Executive Council.
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
(k)
The Finance Committee shall recommend limits for the total recurring
expenditure and the total non-recurring expenditure for the year, based on the
income and resources of the university (which in the case of productive works,
may include the proceed of loans).
(l)
The Finance Committee discharges such other functions of financial nature as
may from time to time be entrusted to it by the Executive Council.
17. The Research Council .—
(a)
In each School of the university there shall be a Post Graduate Research Council
for registration and for imparting proper guideline of research work and the
council shall work under the general control of the Academic council.
(b)
The Research Council shall consist of the following persons
(i)
The Vice-Chancellor
(ii)
The Dean of the concerned school.
(iii)
All Heads of the Department of the concerned school and
(iv)
Four teachers of the concerned school to be nominated by the Vice-
Chancellor in each academic year.
(c)
The Research council shall meet at least three times a year.
18. Board of Planning.—
(a)
The Board of Planning shall consist of the following members, namely:-
(i)
The Vice-Chancellor;
(ii)
One person to be nominated by the Court;
(iii)
Three persons to be nominated by the Executive council, out of whom at
least one shall be a members of the Executive council;
(iv)
One person to be nominated by the State Government ; and
(v)
One person to be nominated by the Chancellor.
(b)
Five members of the Board of Planning shall form a quorum for a meeting of the
Board of Planning.
(c)
All members of the Board of Planning, other than ex officio members, shall hold
office for a term of three years.
(d)
The Board of Planning shall meet at least twice every year for the purpose of
preparing plan and programme for development and improvements of the
university and its courses study, for reviewing and evaluating the progress
achieved in such plan and programme, testing and evolving new methods of
teaching, and for consultation and exchange of information with similar
organization, other universities and research institutes for these purposes.
(e)
The Registrar shall act as secretary to the Committee.
19. Board of Affiliation.—
(a)
The Board of Affiliation shall consist of the following members namely :-
(i)
The Vice-Chancellor
(ii)
Principal
Secretary/Secretary,
Department
of
Human
Resource
Development , Government of Bihar.
(iii)
The Director of Higher Education, Bihar;
(iv)
The Director of of the Department concerned;
(v)
One person to be nominated by the Court;
(vi)
Two Person to be nominated by the Executive Council;
(vii)
Two Person to be nominated by the Academic Council; and
(viii) One Person to be nominated by the Vice-Chancellor.
(b)
Four members of the Board of Affiliation shall form a quorum for a meeting of
the Board of Affiliation.
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
(c)
The Board of Affiliation shall meet at least thrice every year depending upon
number of cases to examine and scrutinise proposals for admitting colleges and
institutions to the privileges of the university.
(d)
All the Colleges and institutions covered by the Act shall be required to seek
affiliation from the A.K.University.
(e)
The Board shall constitute team from amongst its members who will as and when
required visit the Colleges and will examine and assess their status regarding
their claim for the grant of autonomy and will submit report to the Affiliation
committee in the light of the criteria laid down by the UGC as to what extent
autonomy can be considered.
(f)
Fee for affiliation of Colleges/Institutions shall be decided with fine structure
therein by the Executive council.
The details of admission and exclusion of colleges shall be prescribed by the
ordinances.
20. Board of Studies.—
(a)
Each Department shall have a Board of Studies.
(b)
The constitution of the Board of Studies and the term of office of its members
shall be prescribed by the ordinances.
(c)
Subject to the overall control and supervision of the Academic Council, the
functions of a Board of Studies shall be to approve subject for research for
various degrees and other requirements of research degrees and to recommend to
the concerned School in the manner prescribed by the ordinances-
(i)
Courses of Studies and appointment of Examiners for courses, but excluding
research degrees;
(ii)
Appointment of supervisors for research; and
(iii)
measures for the improvement of the standard of teaching and research.
Provided that the above functions of a Board of Studies shall, during the period
of three years immediately after the commencement of this Act, be
performed by the Department.
21. Other Authorities of the university (vide section 17 of the Act.)
(a)
The Examination Board The Vice Chancellor shall be the Chairman of the
Examination Board and Deans of all Schools shall be its members.
(b)
The Examination Board shall give advice in respect of conduct of Examinations,
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. The final decision, however shall be of the vice-chancellor in the
above matter.
(c)
The Examination Board shall submit to the Vice-Chancellor panel of names for
appointment of question setters and examiners and the Vice-Chancellor shall
make appointment from the panel.
(d)
The Vice-Chancellor shall be competent to order for re-evaluation of the answer
books if he is satisfied that the evaluation of the answer book has not been fairly
done or evaluation has been done in violation of the provisions of the Statute
Regulations, Ordinance, or Rules.
22. Selection Committee.—
(a)
There shall be a Selection committee for making recommendations to the
Executive council for appointment to the posts of professor, Associate professor,
Assistant professor, officers of the university, Librarian and Principals of
colleges and Institutions maintained by the university. The Selection Committee
shall also decide cases relating to the seniority promotion and establishment
19
BIHAR GAZETTE (EXTRA), 27TH MAY 2011
matters of the teachers and officers of the university under the provisions
contained in the Statutes.
(b)
The Selection Committee for appointment to the posts specified in column 1 of
the table below shall consist of the Vice-Chancellor as chairman of the
committee, one nominee of the chancellor and one member of the SC/ST/OBC
having academic interest to be nominated by the State Government and such
other members specified in the corresponding entry in column 2 of the said
Table. The qualification for appointment to the posts shall be such as prescribed
by the University Grants Commission.
1
2
(i)
Professor
(1)
The Dean of the School.
(2)
The Head of the Department, concerned if he is a
professor.
(3)
Three persons of the concerned subject not below
the rank of University professor not in active
service of the University to be nominated by the
Vice-Chancellor out of a panel of names
recommended by the Vice-Chancellor and HOD
of the subject concerned with the approval of the
Chancellor for their special knowledge of or
interest in the subject with which the appointment
of professor concerned.
(ii)
Associate Professor / Assistant
Professor
(1)
The Head of the Department of the concerned
subject.
(2)
One Professor of the subject
nominated by the
Vice-Chancellor.
(3)
Two persons not in active service of the university,
nominated out of a Panel of names recommended
by the Vice-Chancellor with the approval of the
Chancellor.
Provided that in the case of appointment of Asstt. Professor if teacher in the concerned
subject of the rank of Professor of this University or any other University is not
available, other teacher not below the rank of Associate Professor may be
appointed.
1
2
(iii) Officer of the University other
than librarian
(1)
Two members of the Executive council nominated
by the Vice-Chancellor.
(2)
One person not in active service of the university
nominated by the Executive council.
(iv) Librarian
(1)
Two Persons not in active service of the university
who have special knowledge of the subject of
the Library science or Library Administration
nominated by the Executive council.
(2)
One person not in active service of the university
nominated by the Vice-Chancellor.
(v)
Principal
of
College
or
institution maintained by the
university
(1)
Three persons not in active service of the university
to be nominated by the Executive council for their
special knowledge of or interest in the subject
in which instruction is being provided by
20
BIHAR GAZETTE (EXTRA), 27TH MAY 2011
the college or institution not below the rank of
university professor. Provided that out of the three
specialists one shall be a Vice-Chancellor of the
outside university. or ex-Vice Chancellor of any
University.
(c)
The appointment of officers other than the (Dean, Students welfare, Proctor)
shall be made on the recommendation of the Selection Committee constituted for
the purpose and the officers shall be a whole time salaried officer of the
university.
The appointment of Dean, Students welfare, Proctor shall be made by the
Vice-Chancellor for a period of two years from amongst the university professor
/ Associate Professor, Readers or Principal of the College under the university.
Provided that if the Vice-Chancellor for administrative reasons or thinks it
necessary otherwise he may revert the DSW/Proctor to their original
posts and appoint another person on the post for the unexpired period.
The duties, powers and functions of the officers shall be prescribed by
the Statutes.
(d)
The meeting of the Selection Committee shall be fixed after prior consultation
with, and subject to the convenience of chancellors nominee, the State
Government nominee and the experts nominated by the Executive council.
Provided that the Proceedings of the Selection committee shall not be valid
unless : -
(i)
where the number of chancellor’s nominee, the State Government
nominee and the persons nominated by the Executive council is five in
all, at least four of the them attend the
meeting and
(ii) where the number of Chancellor’s nominee, the State Government
nominee and the persons nominated by the Executive council is four in
all atleast three of the them attend the meeting.
(iii) The Vice-Chancellor or in his absence the person delegated by him shall
preside at the meeting of the selection committee.
(e)
The procedure to be followed by the selection committee shall be laid down in
the ordinances.
(f)
If the Executive council is unable to accept the recommendations made by the
Selection Committee, It shall record its reasons and submit the case to the
Chancellor for final orders.
(g)
If the Vice-Chancellor is satisfied that in the interests of work it is necessary to
fill any vacancy, the appointment may be made on a purely temporary basis
subject to maximum period of six months.
(h)
No teacher or officer appointed against temporary vacancy by the Vice-
Chancellor shall continue beyond six months unless his appointment is approved
by the Executive Committee.
23. Special mode of appointment.—
(a)
Notwithstanding anything contained in Statutes the Executive council may invite
a person of high academic distinction and professional attainments to accept a
post of professor or Associate professor or any of the equivalent academic post
in the university on such terms and conditions as it deems fit and on the person
agreeing to do so appoint him to the post;
(b)
The Executive council may appoint a teacher or any academic staff serving in
other university or organisation for undertaking any joint venture project in
accordance with the manner prescribed by the ordinance.
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
(c)
Subject to the provisions contained in Sub-Sections (2) and (9) of section 6 of
the Act, the Vice-Chancellor in case of necessity may appoint some person
having experience and proficiency in administrative, legal, academic, and
financial work as officer on special duty (OSD) for a period of six months for
providing required support services, which with the approval of the Executive
council may be extended for further six months. It shall not be necessary in such
cases to advertise the post or for the person concerned to apply for the post. The
emoluments payable to the O.S.D. shall be such as approved by the Government.
Provided that the Executive council may also create supernumerary posts for a
specified period for appointment of such persons;
Provided further the number of supernumerary posts so created shall not exceed
five percent of the total posts in the university.
24. Settlement of disputes / Arbitration.—If any dispute or difference or claim of any
nature whatsoever arises between employees or Students and the University connected with or in
connection with arising out of any academic issue or otherwise then the representatives of
employees or students and the university shall meet together promptly, at the request of any party,
in an effort to resolve such dispute, differences, by discussion between them.
Failing amicable settlement between the parties, the dispute or differences shall at the
request of the employee/student, be referred to a tribunal of Arbitration consisting of one member
nominated by the employee / student concerned and an umpire appointed by the Chancellor. The
decision of the Tribunal shall be final, and no suit shall lie in any Civil Court in respect of the
matters decided by the Tribunal. Every such request shall be deemed to be a submission to
arbitration upon the terms of this clause within the meaning of the Arbitration and Conciliation
Act 1996.
25. Conferment of Honorary degrees—
(a)
The Executive Council may on the recommendation of the Academic Council
and by a resolution passed by a majority of not less than two thirds of the
members present and voting, make proposal to the Chancellor for the conferment
of honorary degree of Doctor of literature or Doctor of science which shall be
conferred upon a person on the ground that he is by reason of eminent position
and attainments or in recognition of his contribution to learning or eminent
services to the cause of education, research and development, a fit and proper
person to get such a degree.
Provided that in case of emergency, The Executive Council may on its own
motion make such proposal.
(b)
The Honorary degree shall be conferred at a convocation, or at a special
convocation, and may be taken in person or in absentia.
(c)
Representation of persons at the convocation, on whom the Honorary degree is
to be conferred, shall be made by the Vice-Chancellor.
(d)
If evidence is laid before the Executive council to show that any person on
whom a degree, diploma, license, little or mark of honour has been conferred by
the Executive council, has been convicted of what is in their opinion on offence
involving, moral turpitude or financial irregularity, the Executive council may
propose to the court that the degree, diploma, license, little or mark of honour
should be cancelled, and if the proposal is accepted by not less than two thirds of
the members present and voting at a meeting of the court, and is confirmed by the
Chancellor, the degree, diploma, license, title or mark of honour shall be
withdrawn and cancelled accordingly.
26. Withdrawal of degrees, etc.—The Executive council may, by a resolution passed by a
majority of not less than two-thirds of the members present and voting, withdraw a degree or
academic distinction conferred on or any certificate or diploma granted to, any person by the
University for good and sufficient cause.
Provided that no such resolution shall be passed until a notice in writing has been
given to that person calling upon him to show cause within such time as may be
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
specified in the notice as to why such a resolution should not be passed and until
his objection, if any, and any evidence he may produce in his support, have been
considered by the Executive council.
27. Maintenance of discipline amongst students and employees of the University.—
(a) The Vice-Chancellor shall have the authority and power to take action for
maintaining discipline and disciplinary action in relation to the students and
employees of the university as per provisions contained in this Statute.
(b) There shall be a proctor of the University to assist the Vice-Chancellor in the
exercise of the Powers referred to in sub section (a) above, who shall be
appointed by the Vice-Chancellor from amongst the Professors and Associate
Professors.
(c) The Vice-Chancellor may delegate all or any of the Powers referred to in sub
section (a) above as he may specify in this behalf.
(d) Without Prejudice to the generality of his powers relating to the maintenance of
discipline and taking such action, as may seem to him appropriate for the
maintenance of discipline, the Vice – Chancellor may, in exercise of such
powers, by order, direct that any student or students be expelled or rusticated, for
a specified period, or be not admitted to any course of study in a College,
Institution or Department or a school of the university for a stated period, or be
punished with fine for an amount to be specified in the order, or be debarred
from taking an examination or examinations conducted by the University,
College, Institution or Department or a School for one or more years, or that the
results of the student or students concerned in the examination or examinations
in which he or they have appeared be withheld or cancelled.
(e) The Principals of Colleges, Institutions, Deans of Schools of studies and Head of
teaching Departments in the university shall have the authority to exercise all
such disciplinary powers over the students in their respective colleges,
Institutions, School and teaching Departments in the university, as may be
necessary for the proper conduct of such Colleges, Institutions, Schools and
teaching Departments.
(f)
Without prejudice to the powers of the Vice-Chancellor and the Principals and
other persons specified in sub section (e) above elaborate rules of discipline and
proper conduct shall be made by the university and principals of the Colleges,
Institutions, Deans of school of studies and Head of teaching Departments in the
university may also make such supplementary rules as they deem necessary for
the purposes stated therein.
(g) At the time of admission, every students shall be required to sign a declaration to
the effect that he submits himself to the disciplinary jurisdiction of the Vice-
Chancellor and other authorities of the university.
28. Convocations.—Convocations of the university for the conferment of degrees or for
other purposes shall be held in such manner as may be prescribed by the ordinances.
29. Acting chairman of meetings.—Where no provision is made for a president or
chairman to preside over a meeting of any authority of the university or any committee of such
authority or when the President or Chairman so provided for is absent the members present shall
elect one from among themselves to preside at such meeting.
30. Resignation from membership.—Any member, other than an ex-officio member of the
court, the Executive council, the Academic council or any other authority of the university or any
committee of such authority may resign by letter addressed to the Registrar and the resignation
shall take effect as soon as such letter is accepted by the Vice-Chancellor.
23
BIHAR GAZETTE (EXTRA), 27TH MAY 2011
31. Disqualification from membership.—
(a)
A person shall be disqualified for being chosen as, and for being, a member of
any of the authorities, or for being appointed as, and for being, an officer, of the
university if -
(i)
he is of unsound mind; or
(ii)
he is an undischarged insolvent; or
(iii)
he has been dismissed / discharged from the service of the University, or
State or Public undertakings.
(iv)
he has been convicted by a court of law of an offence
involving moral
turpitude or financial irregularity and sentenced in respect thereof to
imprisonment.
(b)
If any question arises as to whether a person is or had been subjected to any of
the disqualifications mentioned in sub section (a) above, the matter shall be
referred to the Chancellor and his decision shall be final and no suit or other
proceeding shall lie in any Civil Court against such decision.
32. Resident condition.—Notwithstanding anything contained in the Statutes, a person
who is not ordinarily resident in India shall not be eligible to be an officer of the University or a
member of any authority of the University.
33. Membership of authorities by virtue of membership of other bodies.—Not with
standing anything contained in the Statutes, a person who holds any post in the university or is a
member of any authority or body of the university by virtue of being a member of a particular
authority or body or as the holder of a particular appointment, shall hold such office or
membership only for so long as he continues to be a member of that particular authority or body
or the holder of that particular appointment as the case may be.
34. Ordinance how made.—
(a) The ordinance made under section 29 of the Act may be amended, repealed or
added to at any time by the Executive council in the manner specified in the
following sub-sections.
(b) No ordinance in respect of the matters enumerated in sub-section (d) of section
29 of this Act shall be made by the Executive council unless a draft of such
ordinance is proposed by the Academic council.
(c) The Executive council shall not have power to amend any draft of any ordinance
proposed by the Academic council under sub-section (a) above, but may reject
the proposal or return the draft to the Academic council for re-consideration,
either in whole or in part, together with any amendment which the Executive
council may suggest.
(d) Where the Executive council has rejected or returned the draft of an ordinance
proposed by the Academic council, the Academic council may consider the
question afresh and in case the original draft is reaffirmed by a majority of not
less than two-thirds of the members present and voting and more than half of the
total number of member of the Academic council, the draft may be sent back to
the Executive council which shall either adopt it or refer it to the State
Government whose decision there on shall be final.
(e) Every ordinance made by the Executive council shall come into effect
immediately.
(f)
Every ordinance made by the Executive council shall be submitted to the State
Government within two weeks from the date of its adoption.
(g) The State Government shall have the power to direct the university to suspend
the operation of any ordinance.
(h) The State Government shall inform the Executive council about his objection to
the ordinances referred to in sub-section (g) and may, after receiving the
24
BIHAR GAZETTE (EXTRA), 27TH MAY 2011
comments of the university, either withdraw the order suspending the ordinances
or disallow the ordinances, and decision of the State Government shall be final.
35. Regulation.—
(a)
The authorities of the university may make regulations consistent with this Act,
the Statutes and the ordinances for the following matters, namely:-
(i)
laying down the procedure to be observed at their meetings and the
number of members required to form a quorum;
(ii)
Providing for all matters which are required by this Act, the Statutes or
the Ordinances to be prescribed by Regulations; and
(iii)
Providing for all other matters solely concerning such authorities or
committees appointed by them and not provided for by this Act, the
Statutes or the Ordinances.
(b)
Every authority of the university shall make Regulations providing for the giving
of notice to the members of such authority of the dates of meeting and of the
business to be considered at meetings and for keeping of a record of the
proceedings of meetings.
(c)
The Executive council may direct any amendment in such manner as it may
specify of any Regulation made under the Statutes or the annulment of any such
Regulation.
36. Statutes How Made.—Every new Statute or addition to the Statute or any amendment
or repeal thereof in the Statute shall require the assent of the Chancellor who shall accord his/her
assent on the advice of the State Government.
37. Delegation of powers.—Subject to the provision given at the foot of section 45 of the
Act and provision of the Statutes, any officer or authority of the university may delegate his or its
powers to any other officer or authority or person under his or its respective control but subject to
the condition that overall responsibility for the exercise of the powers so delegated shall remain
with the officer or the authority delegating such powers.
38. Transitional provision.—Subject to the provision of section 45 of the Act, the
following officers and authorities shall be appointed / nominated by the State Government for a
term of four years:-
(a) Appointment
i. The first Vice-Chancellor - for four years
ii. The first Registrar - for four years
iii. The first finance officer - for four years
(b) Nomination
iv. The first member of the court - for four years
v. The first member of the Executive council - for four years
Provided that if any vacancy occurs in the above mentioned offices or authorities, the
same shall be filled by appointment or nomination, as the case may be by the
Government, and the person so appointed or nominated shall hold office for so
long as the officer or member in whose place he is appointed or nominated would
have held office, if such vacancy had not occurred.
39. Committees.—
(a)
An authority of the University may appoint as many standing committees as it
may deem fit, and may appoint to such committees persons who are not members
of such authority.
(b)
A committee appointed under sub-section (a) above may deal with any subject
delegated to it, subject to subsequent confirmation by the authority appointing it.
There shall be the following standing committees in the university:-
(i) Affiliation and new teaching programme committee
(ii) Post creation, absorption and confirmation committee (for teachers and
officers)
(iii) Approval, Seniority and pay fixation committee
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
(iv) Promotion committee (officer & non teaching staff)
(v) Students residence and welfare committee
(vi) Scholarship and stipend Committee
(vii) Study Leave Committee
(viii) Equivalence Committee
(ix) Statutes Committee
(x) Library Committee
(xi) Building Committee
(xii) Purchase and Sale Committee
(xiii) Press Committee
(xiv) Discipline Committee
(xv) Admission Committee
(xvi) Students Discipline Committee
(xvii) Academic Calendar Committee
(xviii) Sports Committee
(xix) Cultural activities Committee
The composition, powers and functions of these committees shall be as follows:-
(c)
Affiliation & new teaching programme committee.—The Committee may consist
of following : -
(i) The Vice-Chancellor – Chairman
(ii) Deans of Schools concerned
(iii)
Two representatives of the Executive Council
(iv)
Two representatives of the Academic Council
(v)
The Registrar of the University - Member Secretary
The following shall be the powers and functions of the Committee : -
(1) To scrutinise the applications for grant of fresh affiliation or
extension of a affiliation to colleges and to make its
recommendations.
(2) To scrutinise the applications for starting new teaching
programmes in Constituent Colleges or P.G. Departments and to
make its recommendations.
(3) To recommend the names of Inspectors for inspection of the
colleges and the departments for the above purposes.
(d)
Post creation, absorption and confirmation Committee.—The Committee shall
consist of the following: -
(i) The Vice-Chancellor-Chairman
(ii) One senior Principal to be nominated by the Vice-Chancellor
(iii) One senior Head of the University department to be nominated by the
Vice – Chancellor
(iv) The Director, Higher Education, Government of Bihar, Patna
(v) Two members to be nominated by the Executive council
(vi) The Registrar-Member Secretary
The following shall be the powers and functions of the Committee:-
(1) To consider the need for creation of new posts of teachers and
officers and to make its recommendations.
(2) To consider the cases of absorption of temporary teachers and
officers (other than the purely temporary lecturers) for absorption in
permanent
service
of
the
University
and
to
make
its
recommendations.
(3) To consider the cases of teachers and officers and to make its
recommendations for their confirmation.
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
(e)
Approval, seniority and pay fixation Committee .—The Committee shall consist
of the following:-
(i)
The Vice-Chancellor-Chairman
(ii)
Three members to be nominated by the Vice-Chancellor
(iii)
Two senior teachers to be nominated by the Vice-Chancellor
(iv)
One member to be nominated by the Finance Committee
(v)
The Registrar-Member Secretary.
The following shall be the powers and functions of the Committee:-
(1)
To consider the cases and to make its recommendations for appointments
in affiliated colleges.
(2)
To consider representations and to make its recommendation in regard
to seniority in respect of teachers and officers of the University.
(3)
To consider the cases and to make its recommendation for fixation of pay
of teachers, officers and other employees of the University.
(f)
Promotion Committee.—The Committee shall consist of the following:-
(i) The Vice-Chancellor-Chairman
(ii) Two members to be nominated by the Executive Council
(iii)
Senior most Dean of the School.
(iv) The Registrar-Member Secretary
The Committee shall consider the cases and make its recommendations for
promotion of officers and other non-teaching staff of the University.
(g)
Student’s Residence and Welfare Committee.—The Committee shall consist of the
following :-
(i) The Vice-Chancellor-Chairman
(ii) Four Deans of Faculties to be nominated by the Vice-Chancellor
(iii)
Two senior Principals to be nominated by the Vice-Chancellor
(iv) The senior most Warden
(v) Two members to be nominated by the Executive Council
(vi) The Dean, Student’s Welfare-Member Secretary
(vii) The Proctor
The Committee shall look after the management and maintenance of
Students’ residence and make its recommendations for their proper up keep
including
the
appointments
of
Warden,
Superintendents,
Assistant
Superintendents and other staff. The Committee may also look after the other
welfare activities of students.
(h)
Scholarship and Stipend Committee.—The Committee shall consist of the
following: -
(i) The Vice-Chancellor-Chairman
(ii) The senior most Dean of School
(iii) One senior most Principal
(iv) A senior teacher to be nominated by the Vice-Chancellor
(v) Dean Students Welfare
The Committee shall examine the castes of Students for award of
scholarships and stipends by the University and take such steps as may
be necessary for timely disbursement of scholarships and stipends.
(i)
Study Leave Committee.—The Committee shall consist of the following: -
(i) The Vice-Chancellor-Chairman
(ii) Senior most Dean of School
(iii) Two members to be nominated by the Executive Council
(iv) Two members to be nominated by the Academic Council
(v) The Registrar- Members Secretary
The Committee shall consider the applications of teachers and
make its recommendations for grant of Study Leave.
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
(j)
Equivalence Committee .—The Committee may consist of the following : -
(i) The Vice-Chancellor-Chairman
(ii) Two Deans of School
(iii) Two Heads of University Departments (as are not Deans of School) to be
nominated by the Vice-Chancellor.
(iv) The Registrar-Member Secretary
The Committee shall scrutinise the cases for giving equivalence
to the ex-aminations conducted by other Universities/autonomous
Institutions and make its recommendation for consideration of the
Academic Council.
(k)
Statutes Committee.—The Committee shall consist of the following:-
(i) The Vice-Chancellor-Chairman
(ii) Two members to be nominated by the Vice-Chancellor
(iii) Three teachers to be nominated by the Vice-Chancellor
(iv) University Legal Counsel
(v) The Registrar-Member Secretary
The Committee shall prepare draft Statutes, Ordinances, Regulations and
Rules of the University and amendments relating thereto, take steps for printing
of University Calendar containing laws of the University and consider proposals
for making amendments in the Statutes, Ordinances, Regulations and Rules of the
University and make its recommendations.
(l)
Library Committee.— The Committee shall consist of the following:-
(i) The Vice-Chancellor-Chairman
(ii) All Deans of Schools
(iii) Two senior University Professors to be nominated by the Vice-
Chancellor
(iv) The University Librarian-Member Secretary
The Committee may look after the proper maintenance and
management of the University Library including purchase of books,
periodicals, journals etc.
(m)
Building Committee.—The Committee shall consist of the following:-
(i) The Vice-Chancellor-Chairman
(ii) The Superintending Engineer, P.W.D.
(iii) One member to be nominated by the Executive Council
(iv) One member to be nominated by the Finance Committee
(v) Development officer of the University
(vi) The Registrar
(vii) The University Engineer-Member Secretary
The committee shall consider all matters relating to location and
construction of new buildings in University and Colleges and repair and
maintenance of existing buildings. It shall also consider tenders received
for such construction repairs and make its recommendations.
(n)
Purchase and Sales Committee.—The committee shall consist of the following: -
(i) The Vice-Chancellor-Chairman
(ii) Three members to be nominated by the Executive Council
(iii) The Finance officer-Member Secretary
The Committee shall consider annual requirements of University’s stores
including Examination stores, shall open and consider tenders and the samples
and makes its recommendations for purchases to be made from time to time.
The Committee shall conduct auction and make arrangement for the sale
of saleable articles or for settlement of land, orchard etc. of the University Estate.
28
BIHAR GAZETTE (EXTRA), 27TH MAY 2011
(o)
Press Committee.—The Committee shall consist of the following:-
(i) The Vice- Chancellor-Chairman
(ii) Two members to be nominated by the Executive Council
(iii) Three senior teachers to be nominated by the Vice-Chancellor
(iv) The Superintendent of the Government Press, Patna
(v) The University Press in-charge / Manager-Member Secretary
The Committee shall look after the management, maintenance
and functions of the University Press including purchases to be made for
the Press.
(p)
Discipline Committee (for teachers, officers and other staff of the University).—
The Committee shall consist of the following:-
(i) The Vice-Chancellor-Chairman
(ii) Three members to be nominated by the Executive Council
(iii) One seniormost teacher amongst the Deans of School
(iv) The Proctor
(v) The Registrar-Member Secretary
The Committee shall consider all cases of indiscipline on the part
of teachers, officers and other staff of the University and make its
recommendations for decision by the authorities concerned.
(q)
Admission Committee.—The Committee shall consist of the following: -
(i) The Vice-Chancellor-Chairman
(ii) Three senior Deans of School to be nominated by the Vice- Chancellor
(iii) Two Heads of University Departments to be nominated by the Vice-
Chancellor.
(iv) Two Principals of Colleges to be nominated by the Vice-Chancellor
(v) The Dean, Students’ Welfare-Member Secretary
The Committee shall consider the cases for admission of
students in the University Departments and Colleges, consider
amendments to the Rules of admission and take such steps as may be
necessary to ensure admission according to rules on general and reserved
seats.
(r)
Students Discipline Committee.—The Committee shall consist of the following:
(i) The Vice-Chancellor
(ii) The senior most Dean of School
(iii) The senior most Warden
(iv) Two Heads of University Departments nominated by the Vice-Chancellor
(v) One Principal of the College located at the University head-quarter to be
nominated by the Vice-Chancellor.
(vi) The Dean Students Welfare
(vii) The Proctor-Member Secretary
The Committee shall examine and consider all cases of
indiscipline on the part of students and make its recommendations.
(s)
Academic Calendar Committee .—The
Committee
shall
consist
of
the
following:-
(i) The Vice-Chancellor
(ii) All Deans of Faculties
(iii) Two Heads of University Departments to be nominated by the Vice-
Chancellor
(iv) Two senior principals to be nominated by the Vice-Chancellor
(v) The Dean, Student’s Welfare-Members Secretary.
The Committee shall prepare University Academic Calendar
each year for the full duration of the course in respect of the students to
be admitted in following academic session. The academic calendar
29
BIHAR GAZETTE (EXTRA), 27TH MAY 2011
should contain the date of starting the teaching, the courses to be covered
in each area of each academic year and the dates of University
examinations.
(t)
Sports Committee.—The Committee shall consist of the following: -
(i) The Vice-Chancellor
(ii) The Director Prof-in-Charge of Sports
(iii) Two Heads of University Departments to be nominated by the Vice -
Chancellor
(iv) Two Principals of colleges of whom one shall be Principal of a Women’s
College, to be nominated by the Vice-Chancellor.
The Committee shall look after all the works relating to development and
holding of games or sports in the University and Colleges.
The term of membership of the Committee other than ex-officio
members shall be three years from the date of their nomination provided that a
member nominated as a representative of any body, shall be deemed to vacate
office with effect from the date on which he ceases to be the member of the body.
40. Sponsored Research and Resource Mobilisation.—The university shall strive to
encourage teachers and faculties to pursue research activities and enhance interaction with
industry for supporting the faculty, teachers and students of the university to work on sponsored
research and industrial projects and consultancy. The university may offer short term courses as
well as training programs for industry, institutes and organisations, under the guidelines of the
University Grand Commission/AICTE/MCI etc.
(a) Provided that the University would endeavour to generate fund also through public-
private partnership under the direction of Executive Council and try to meet a considerable part of
its expenses through the system.
(b) Other sources of income shall be from -
(i) Application fee from colleges/institutions seeking affiliation based on
intake
capacity and number of courses.
(ii) Registration fee (one time) per student.
(iii) Examination fee per semester per student
(iv) Donations and charity.
(c) In addition various Government and non-Government Agencies shall be encouraged
and persuaded to sponsor projects to discover new facts and information.
41. Work Load.—
(a) The work load of the Teachers of the University/Colleges and Institutions for teaching
and research inter alia shall be as prescribed by the U.G.C. from time to time.
(b) Provided that at least one paper shall be published by every teacher in six month
period and after approval by the UGC to be published in referred journal.
42. Accountability.—If a teacher is found lacking in achieving prescribed academic
standards inter alia by not taking interest in research work or is found deficient in engaging
classes or otherwise if he neglects his assignments or duty, the Executive Council shall be
competent to stall his promotion and also to initiate disciplinary action under the provisions
contained in section 30 to 33 of Chapter II of the Statute of the University.
43. Academic Calendar.—The University shall prepare and publish Academic Calendar
as approved by the Academic Council and the Executive Council.
30
BIHAR GAZETTE (EXTRA), 27TH MAY 2011
CHAPTER II
GENERAL CONDITIONS OF SERVICE
Name of the Statutes.
Section:
1. These Statutes may be called Service Statutes of the University and they shall apply to
all such persons as are in the service of the University.
2. Unless there is anything repugnant to the subject or context, the terms used in these
Statutes, shall have the meaning as set forth below:-
(a)
“Average Pay” means the average monthly pay earned during the ten complete months
immediately preceding the month in which the event occurs which necessitates the
calculation of average pay. If no pay was earned during a portion of the aforesaid ten
months, such portion shall be excluded from the calculation and the average pay shall
be determined by the pay earned during the remaining portion.
NOTE: - The expression “the ten complete months immediately preceding” used in this definition
should be interpreted literally. Thus any period or periods, during which aUniversity
servant may have been on leave, or on joining time, should be excluded, if no “pay” is
drawn during such period or periods.But the emoluments drawn during vacations by a
University Servant of a vacation department should be treated as pay drawn on duty, and
should be taken into account in calculating the average pay.
(b)
“Foreign Service” means a service in which a University servant receives his
substantive pay, with the sanction of the Executive Council, from any other employer.
(c)
“Holiday” means a holiday prescribed or certified by the Executive Council of the
University; and in relation to any particular office, department, institute or college a
day or days on which it is ordered by the Vice-Chancellor to be closed.
(d)
“Leave Salary” means the monthly amount paid by the University to a University
servant on Leave.
(e)
“Lien” means the title of a University servant to hold substantively, either
immediately or on the termination of a period or periods of absence, a permanent post,
including a tenure post, to which he has been appointed substantively.
(f)
“Month” means a Calendar month. In calculating a period expressed in terms of
month and days, complete calendar month, or months, irrespective of the number of
days in each should first be calculated and the odd number of days calculated
subsequently.
(g)
“Officiate” : - A University Servant officiates in a post when he performs the duties of
a post on which another University servant holds a lien. A University servant may,
however, be appointed to officiate in a vacant post on which no other person holds a
lien, by the authority competent to make a substantive appointment on the vacant post.
(h)
“Pay” means the amount drawn monthly by a University servant as
(i) The pay to which he is entitled by reason of his position in a grade of pay
(ii)
Special pay
(iii)
Any other recurring emoluments which may be specifically classed as pay
by the Statutes.
(i)
“Permanent post” means a post carrying a definite rate of pay and sanctioned without
limit of time.
(j)
“Personal pay” means pay granted to a University servant;
(i)
To save him from a loss of substantive pay in respect of a permanent post other
than a tenure post due to any reduction of such substantive pay otherwise than as
a disciplinary measure;
or
(ii)
In exceptional circumstances on other personal considerations.
(k)
“Probationer” means a University servant employed on probation in or against a
substantive vacancy in a particular cadre.
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
NOTE: - The term does not include a University servant who holds a permanent post
substantively and is merely appointed on probation to another post.
(l)
“Special Pay” means an addition to the emoluments of a post or to the pay of a
University servant, granted in consideration of -
(i)
The specially arduous nature of the duties; or
(ii)
A specific addition to the work or responsibility; or
(iii)
The unhealthiness of the locality in which the work is performed.
(m)
“Substantive Pay” means the pay other than special pay, personal pay, or emoluments
classed as pay to which a University servant is entitled on account of a post to which
he has been appointed substantively or by reason of his substantive position in a grade
of pay.
(n)
“Temporary post” means a post carrying a definite rate of pay and sanctioned for a
limited time.
(o)
“Tenure post” means a permanent post which an individual University servant may
not hold for more than a specified period.
(p)
University employee – means a person in the employment of the University other than
casual workers. “University servant – entitled to vacation” means teachers in the
employment of the University.
(q)
“Allowance” means C.L.A., H.R.A., Medical allowance, Conveyance allowance and
such other allowance as may be specifically sanctioned by the Government from time
to time.
(r)
“Presumptive pay of a post” means the pay to which a University servant would be
entitled if he held the post substantively.
(s)
“Honorarium” means a recurring or non-recurring payment of temporary nature
granted to a University servant or to persons temporarily employed for support
services by the Vice-Chancellor for special work of an occasional nature.
3. Appointment : -
(a) (i) Post for appointment other than D. S. W., Proctor and O. S. D. shall not be
created without prior sanction of the State Government.
(ii)
Except where otherwise provided in the Statutes, no person may be
substantively appointed to a permanent post in the University service unless he
produces, on payment of a medical examination fee to be fixed by the Executive
council, a medical certificate of good and satisfactory health, signed by such
qualified person or persons composing a Board as may be appointed by the
Executive council for the purpose from time to time.
(iii)
The form of medical certificate to be used in case of appointment of officers,
teacher and other servants of the University shall be prescribed by the Executive
council.
(iv)
The production of a fresh medical certificate will not be necessary unless
specially required by the appointing authority, if the person selected for
appointment is a University servant, who has already produced a medical
certificate before, and has been in the university service since then without a
break.
(b) (i) More than one person can not be appointed substantively to the same permanent
post at the same time.
(ii)
A University servant can not be appointed substantively, except as a temporary
measure, to two or more permanent posts at the same time.
4. Whenever a permanent post in any grade and pay-scale is available for substantive
appointment, the claim of a University servant who has been holding a tenure or temporary post
for not less than two years and possesses the requisite qualifications prescribed for the post, and
his work is found to be satisfactory, may be considered in the first instance for substantive
appointment to that permanent post;
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
Provided that: -
(a)
In case of a Teacher or Registrar or Finance Officer or Inspector of Colleges, the
temporary or tenure appointment which he may be holding must have been made on
the recommendation of the Selection Committee on the basis of open advertisement
and ;
(b)
In case of any other post the temporary or tenure appointment which the employee is
holding must have been made in accordance with the provisions of the Act and
Statutes, for substantive appointment on a permanent post.
5. (a) Save as otherwise provided in the Act or the Statutes, the posts of University
Professors, Readers, Lecturers, Principals, Registrar, Inspector of Colleges and
Finance Officer shall be filled by open advertisement.
(b)
When a vacancy occurs or new post is sanctioned by the Government, the Registrar
shall submit a note to the Vice-Chancellor for taking steps to fill the post.
(c)
The Vice-Chancellor after careful consideration of the report of the Registrar shall
order for advertisement.
(d)
The Executive Council shall be competent to make appointment on the vacant post of
lecturer for a period not exceeding six month in accordance with the provisions
contained in the Statutes.
6. (a) When a vacancy occurs or new post is sanctioned by the Government other than those
specified in section (4) above, the Registrar shall submit a note to the Vice-Chancellor
for taking steps to fill the post.
(b)
The Registrar shall, along with the note, submit to the Vice-Chancellor the names of
all those persons in the University Service and holding substantive appointment in the
immediate lower grade, and who satisfy the prescribed qualifications.
(c)
In case of officers other than those specified in section 4 above the Vice-Chancellor
shall, with the approval of the Chancellor, decide whether the post is to be filled by
promotion or by direct recruitment after proper advertisement.
(d)
The Vice-Chancellor shall, after the above steps are taken,
(i)
Where he is empowered to do so without reference to the Selection
Committee or Executive Council, order the appointment of a University
Servant to the vacant post by promotion or order the vacancy to be
advertised;
(ii)
Where the appointment is to be made by the Executive Council,
without reference to the Selection Committee, place the papers with such
recommendations, if any, before the Executive Council for orders, which
may appoint the University servant by promotion or order the vacancy to be
advertised;
(iii)
Where reference to the Selection Committee is obligatory, order the
submission of necessary papers to the Selection Committee.
(e)
The Registrar shall, thereafter, prepare the draft of the advertisement, giving the terms
and the qualifications requisite for the vacant post, get the same approved by the Vice-
Chancellor, and,
(i) Where the appointment is to be made by the Vice-Chancellor or the Executive
council, without reference to the Selection Committee, publish the approved
advertisement;
(ii) Where the appointment is to be made on the recommendation of the Selection
Committee, in case it is decided to fill a post by promotion, the Registrar shall
send to the Selection Committee a list of all eligible candidates for promotion
accompanied by all papers relating to them for necessary action, and in case it is
decided to make appointment by direct recruitment, he shall advertise the
vacancy after obtaining approval of the Vice-Chancellor.
(f) (i) All applications received in pursuance of the advertisement published by the Registrar,
under sub-section (e) (i) of section 6 shall be placed before the proper appointing
authority for orders.
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
(ii)
The recommendations of the Selection Committee received in pursuance of steps
taken under sub-section (e) (ii) of section 6 with all connected papers, shall be
placed before the Executive Council
for orders ordinarily at its next meeting.
7. The Vice-Chancellor shall, subject to the provisions of the Act, have power to make
appointment to posts within the grade and scale of pay and within sanctioned strength of such
staff and servants who are not teachers, academic staff and officers of the University and have
control and full disciplinary powers over such staff and servants.
8. Joining date
(a) In all letters of appointment the date by which the persons appointed is to join
his post shall be mentioned.
(b) The joining date may be extended by the appointing authority.
(c) If a University servant takes charge of a post in the afternoon, he shall, for the
purpose of calculation of pay and allowance, be regarded as having taken charge
of it on the subsequent date.
(d) If any person appointed to any University service fails to join his post by the
joining date, including extension, if any allowed, the appointing authority may
cancel his appointment and proceed to appoint the next person if any, selected
for the post, or order steps to be taken afresh according to the prescribed
procedure, for filling the vacancy.
(e) If a person, anyhow, joins before the prescribed date his joining shall be taken
into account only from the prescribed date for all purposes.
9. Joining time
(a) Joining time may be granted by the Vice-Chancellor to a University servant to
enable him : -
(i)
to join a new post to which he is appointed while on duty in his old post;
or
(ii)
to join a new post -
(1) on return from leave on average pay of not mere than four months
duration; or
(2) when he has not had sufficient notice of his appointment to the
new Post, on return from leave other than that specified in sub-
section (i); or
(b) The joining time admissible under this chapter may be reduced or refused by the
University.
(c) Not more than one day is allowed to a University servant in order to join a new
post, when the appointment to such post does not necessarily involve a change
of residence from one station to another.
(d) The joining time of a University servant in cases involving a transfer from one
station to another is subject to a maximum of 7 days,
(e) The joining time allowed to a University servant returning from leave out of
India, exceeding four months, shall be subject to a maximum of fifteen days.
(f) If a University servant is authorized to make over, or to take over, charge of a
post elsewhere than its headquarter, his joining time shall be calculated from
and to the place at which he makes over or takes over charge.
(g) If a University servant is appointed to a new post while in transit from one post
to another, his joining time begins on the day following that on which he
receives the fresh order of appointment.
(h) If a University servant takes leave while in transit from one post to another, the
period which has elapsed since he handed over charge of his old post must be
included in his leave, unless the leave is taken on medical certificate. In the
latter case the period may be treated as joining time.
(i)
The following provisions apply to vacation department only: -
(i)
A University servant, who is directed to join a new post on the expiry of
a period of vacation of which he has not been allowed to avail himself, is
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
entitled to the number of days joining time ordinarily admissible with
effect from the date on which he is relieved of the duties of his former
post.
(j)
The joining time of a University servant, who is directed to join a new post on the
expiry of a period of vacation of which he has availed himself,
is
regulated
as
follows:-
(i)
If he received the order of transfer before the period of the vacation
commences; he must make over charge of the duties of his
former post on
the last working day before such period, and must
take over charge of his
new duties on the first working day after such period.
(ii)
If he receives the order of transfer during the period of vacation, he shall not
be entitled to any joining time, and must take over charge of his new duties
on the first working day after such period of vacation, provided that, if the
number of days, from the date on which he receives the order of transfer to
the end of the period of vacation, is less than the number of days joining time
ordinarily admissible, he shall be entitled to joining time to the extent of
the difference in continuation of the period of vacation. If he receives the
order of transfer at some place other than his headquarter, the time
spent in
returning to his headquarter shall not be included in calculating the number
of days from the date of receipt of the order of transfer to the end of the
period of vacation.
(iii)
A University servant joining a new post in the circumstances specified in sub-
section (j) (ii) of section 9 shall, for the purpose of this section, be held to
have been precluded from enjoying the vacation during the time actually spent
in traveling form the old station to the new.
(iv)
A University servant returning from leave, to which vacation is suffixed, is
not entitled to any joining time, and shall not be held to have been precluded
from enjoying any portion of the vacation.
(k)
In the circumstances mentioned below the University authority may, on such
condition as it thinks fit, extend the joining time admissible to any University servant
under these rules, provided that the prescribed maximum shall not be exceeded except
for very special reasons, which should be recorded : -
(i)
When the University servant has been unable to use the ordinary mode of
travelling or, notwithstanding due diligence on his part, has spent more time on
the journey than is allowed by the rules; or
(ii) When such extension is considered necessary for the public convenience or for
the saving of such public expenditure as is caused by necessary or purely
formal transfers;
(iii) When the rules have in any particular case operated harshly as, for example,
when a University servant has through no fault on his part, missed a plane /
train etc. or fallen sick on the journey.
(l)
A University servant on joining time shall be regarded as being on duty and shall be
entitled to be paid as follows : -
(i)
If on joining time under sub-section (a) (i) of section 9, he is entitled to the pay
which he would have drawn if he had not been transferred or the pay which he
will draw on taking charge of his new post, whichever is less;
(ii)
If on joining time under sub-section (j) (iii) (iv) of section 9 he is entitled : -
(1) When returning form extra-ordinary leave, other than extra-ordinary
leave not exceeding fourteen days granted in continuation of other leave,
to no payment at all;
(2) When returning form leave of any other kind, to the leave salary which
he last drew on leave at the rate prescribed for the payment of leave
salary in India.
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
(iii)
Leave cannot be claimed as of right. When exigencies of the University service
so require, discretion to refuse or revoke leave of any description is reserved to
the authority empowered to grant it.
10. LEAVE.—University servants in permanent employment and those who are in
temporary employment continuously for more than two years.
The general principles which should ordinarily be observed in granting or refusing leave will be
as follows: -
(a)
Leave should not be granted to an extent which would unduly deplete the strength of a
service or department available for duty. When the duty strength has been reduced to
an essential minimum, no further leave of any description should be granted except in
cases of the most absolute necessity. When it is impossible in the interests of the
University service, to grant all applications for leave, the following considerations
should be taken into account in deciding which applications should be granted : -
(i) The University servants who can, for the time being, best be spared due regard
being paid to the facility with which they could, if necessity arose, be recalled
form leave;
(ii) The amount of leave due to the various applications;
11. Earned Leave.—
(a) (i) The Earned Leave admissible to a University servant excluding teacher and
Academic staff will be one eleventh of the period on duty, subject to the
following conditions.
(ii) University servant will cease to earn such leave when the accumulated earned
leave due amounts to 300 days or as revised by the Government from time to
time.
(iii) If an University servant applied for leave at short intervals on the score of
health, leave should be refused except on medical certificate. In such a case
the frequency of the leave taken in the
past should be brought to the notice
of the medical examiners and
they should be asked to advise with special
care on the time required to establish a complete recovery.
(iv) The authority competent to grant leave for going out of India shall satisfy
itself that the applicant for leave has adequate financial backing to enable
him to meet the expenses connected with his stay aboard and the grant of
leave is not likely to involve the University in any form of financial liability
beyond what is admissible under the Statutes applicable to the case.
NOTE : - In calculating “earned leave” the actual number of days of duty performed
should be counted and then divided by 11. Fraction of a day should not appear
in the calculation, fraction below half being ignored and those of half and
more reckoned as one day.
(b)
The following provisions apply to University servants entitled to vacation (i.e.
teachers)
(i) The E. L. admissible to a teacher shall be 1/30 of the period on duty, subject to
maximum of 12 days in a year.
Explanation : - For the purpose of this Statute vacation counts as duty.
(ii) Accumulation of unutilised E.L. in entire service period shall be maximum of
300 days or as revised by the Government from time to time for its employees.
(c)
A University servant may at any time be granted the whole or any part of the earned
leave due to him.
(d)
Earned leave may be combined with vacation provided
(i)
No additional expenses shall be incurred by the University for a period of the
vacation.
(ii) Vacation shall not be both prefixed and suffixed to leave.
(iii) Leave will not be both prefixed and suffixed to vacation; and
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
(iv) The combined period of such leave and vacation shall not exceed the limit upto
which leave may be accumulated by the University servant concerned under sub
– section (a) (i) of section 11.
12. Half pay leave.—Half pay leave will be earned without any restriction to the limit of
accumulation, in the course of service, at the following rates for each completed year of service:-
(a)
20 days for each completed year of service.
(b)
Such leave can be availed of on private affairs as well as on medical certificate. There
will be no limit on the half pay leave that can be availed of at a time on medical
certificate or on private affairs, and this will apply even when such leave is taken
preparatory to retirement:
Provided that no half pay leave may be granted unless the authority competent to
sanction leave has reason to believe that the University servant will return to
duty after its expiry.
Explanation: The term “completed year of service” used in this Statute means continuous
service of specified duration under the University and includes period spent on
duty as well as on leave (including-extra-ordinary leave).
(c)
Half pay leave may be combined with vacation provided that : -
(i)
no additional expense shall be incurred by the University for the period of
vacation;
(ii)
vacation shall not be both prefixed and suffixed to leave;
(iii)
leave will not be both prefixed and suffixed to vacation;
(iv)
the combined period of leave and vacation taken at any one time shall not
exceed the total amount admissible under Statute above; and
(v)
no vacation or portion of vacation will be prefixed or suffixed during
which the University servant was ill and unfit to perform duties.
13. Commuted leave.—At his option a University servant can have the half pay leave due
converted into half the amount of full pay leave. Such converted leave will be termed “commuted
leave”. It will be granted only on medical certificate, subject to maximum limit of 300 days
during the entire service.
Commuted leave may be combined with earned leave but such combination will be
limited to 300 days whether such leave is availed in India or out of India. The Maximum limit of
300 days in the case of a University servant apply also to the combination of earned leave,
vacation and commuted leave.
Provided that no commuted leave may be granted under this Statute unless the
authority competent to sanction leave has reason to believe that the University
servant will return to duty on its expiry.
14. Leave not due.— Save in the case of leave preparatory to retirement, leave not due
may be granted on medical certificate, such leave being limited during the entire service to 300
days. This will be debited against the half pay leave which the University servant earns
subsequently. Leave not due should be granted only if the authority empowered to sanction leave,
is satisfied that there is a reasonable prospect of the University servant returning to duty on the
expiry of the leave and earning an equal amount of half pay leave thereafter.
NOTE :- In case where a University servant who has been granted leave not due, under this
Statute, applies for permission to retire voluntarily the leave not due, shall, if the
permission be granted, be cancelled and his retirement shall have effect from the
date on which such leave commenced.
15. Extra ordinary leave.—Extra ordinary leave without pay may be granted to a
University servant in special circumstances : -
(a)
When no other leave is admissible under these Statutes;
(b)
When other leave being admissible, the University servant concerned applied in
writing for the grant of extra ordinary leave.
16. University servants in continuous temporary employment whose service does not
exceed two year
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
(a)
The Statutes under this sub-head prescribe the conditions on which leave may be
granted to a University servant, who does not hold a lien; or a suspended lien on a
permanent post, while officiating in a post, or holding a temporary post.
(b)
For a University servant to whom the Statutes under this sub-head apply, not entitled
to vacation, the leave admissible in respect of his service will be:
(i)
Earned Leave.—To a University servant in one-twentieth the period spent on
duty, provided that he will cease to earn leave while he has to his credit such
leave amounting to 80 day;
(ii) Half pay Leave.—To a University servant 15 days for each completed year of
service.
(iii) During the first two year of service half pay leave will be admissible to a
temporary or officiating University servant on medical certificate only, and he
will not be eligible to commute such leave to full pay leave.
Provided that no half pay leave may be granted unless the
authority competent to
sanction leave has reason to believe that the University servant will return to
duty after its expiry.
(iv)
A University servant entitled to vacation (i.e. teachers) shall not during the
first two years of his service earn any leave; provided that if he has been
permitted to avail himself of less than 20 days of the vacation and has
rendered continuous duty for not less than one year, he may be allowed
“earned leave” upto a maximum of 20 days reduced by the number of days of
the vacation which he has been allowed to avail; provided further that he shall
cease to earn leave while he has to his credit such leave amounting to 20 days.
(c)
The amount of leave due is the amount of earned leave and half pay leave admissible
reduced by the amount of earned leave and half pay leave, respectively which have
been taken.
(d)
A University servant to whom the Statutes under this sub-head apply, may, during the
first two years of service be granted extra-ordinary leave without pay up to a limit of
two months at any one time.
(e)
If an interruption of duty other than leave occurs in the service of temporary servant,
all leave to his credit shall lapse.
(f)
On completion of two year continuous service a temporary or officiating University
servant will be eligible for the leave terms indicated in sub-head (b) (i) except that he
will not be eligible for any leave not due. The provisions relating to earned leave or
half pay leave will not have any retrospective effect in such cases, i.e. he will begin
earning earned leave, or half pay leave at the rates mentioned in Section 11 and 12
respectively, only from the date on which the 3rd year of service commences.
(g)
The grant of leave to a temporary University servant shall be subject to the condition
that but for the grant of the leave, he would have continued to hold a post in
University service until the expiry of the leave:
(h)
If a University servant to whom the Statutes under this sub-head apply is, without
interruption of duty, substantively appointed to a permanent post or has served
continuously for more than two years, his leave account shall be credited with the
amount of leave which would have been admissible to him under the Statutes if he had
been in permanent employment or in continuous temporary service for more than two
years in respect of his previous duty, diminished by the amount of all leave which he
has already taken prior to his substantive appointment or prior to completion of two
years of temporary service as the case may be.
17. Part time university servant or university servant remunerated by honorarium /
fees.—A University servant whose pay is fixed at a definite rate, but whose whole time is not
required for the service of the University may be granted leave as follows:-
(a)
He may be granted leave for such period as will not involve any extra expense to the
University. Such leave counts as duty and leave salary shall be equal to the pay drawn
at the time of taking leave.
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
(b)
After not less than six years of duty he may be granted leave for a period not
exceeding six months. Such leave shall be granted only once in his service and leave
salary shall be equal to half the pay drawn at the time of taking leave.
(c)
He may be granted leave on medical certificate upto a maximum of twenty months at
any one time, provided that at least three years of duty shall intervene between any
two periods of leave on medical certificate. Leave salary during such leave shall be
equal to half the pay drawn at the time of taking leave.
(d)
Leave of only one kind admissible under sub-section (a) of this section may be
combined with leave of any other kind admissible under this clause.
(e)
A University servant remunerated by honoraria may be granted leave as provided in
section 17 provided that -
(i)
he shall make satisfactory arrangement for the performance of this duties
during his absence.
(ii)
no extra expense to the University shall be involved.
(iii)
during leave of the kind contemplated in sub section (b) of section 17 the
whole of the honoraria shall be paid to the person who officiates in his post.
18. Probationers and apprentices and short term inferior staff paid from contingent
grant.—
(a) Leave may be granted to a probationer on the term which would be applicable to him
if he held his post substantively otherwise than on probation.
(b) Leave may be granted to an apprentice appointed against a substantive post or a post
likely to be sanctioned, as follows : -
(i)
Leave on medical certificate not exceeding one month in any year of
apprenticeship. Leave salary during such leave shall be equal to half
the pay
drawn at the time of taking leave.
(ii) Extra-ordinary leave not exceeding one month in any year of apprenticeship.
(c)
If any apprentice is, without interruption of service, appointed substantively or in an
officiating capacity to a permanent post, his leave account shall be credited with half
the amount of leave which he would have earned had he held a permanent post
substantively during the period of apprenticeship and it shall be debited to the amount
of leave already taken under this sub head.
19. Leave Salary.—
(a)
A University servant on earned leave will be entitled to leave salary at a uniform
rate equal to the average monthly pay earned during ten complete months
preceding the month in which the leave commences.
(b)
A University servant on half pay leave or leave not due will be entitled to leave
salary equal to half the leave salary admissible on earned leave.
(c)
A University servant on commuted leave will be entitled to leave salary equal to
twice the amount admissible under sub-section (b) above.
(d)
A University servant on extra ordinary leave is not entitled to any leave salary,
except when he takes such leave for purposes of study, in which case the
Executive Council may grant leave salary equal to half the salary admissible on
earned leave, provided the total period of leave does not exceed three years.
(e)
The University employees on superannuation shall get the amount equal to
leave salary of the period of unavailed earned leave subject to the following
conditions : -
(i)
The amount of leave salary will be limited to the unavailed earned leave
not exceeding 300 days or as revised by the State Government from time
to time for its employees.
(ii)
The leave salary will be paid in one lump at the time of retirement.
(iii)
The dearness allowance will be paid equal to the amount of D. A.
payable for the period concerned at the time of retirement. The city
transport allowance, Medical allowance and house rent allowance and
the house rent will, however, not be paid along with the leave salary.
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
(iv)
The authority competent to sanction earned leave shall sanction such
leave salary on superannuation.
20. Study leave to teachers.—University and College teachers who have not obtained
M.Phil / Ph.D degree shall be allowed Study leave to qualify for M.Phil / Ph.D. degree in
accordance with rules framed by the University Grants Commission.
21. Maternity / paternity leave.—
(a)
Subject to the conditions hereinafter specified maternity leave / paternity leave
be granted to a female / male University servant by the authority empowered
to grant Earned leave to the University servant concerned.
(b)
The period of maternity leave granted may extend upto a date of 135 days
months subsequent to the date of its commencement or six week subsequent to
the date of confinement whichever is earlier.
Provided that such female employees who have already two children shall not
be entitled to maternity leave.
(c)
The period of paternity leave relating to the confinement of female
employee may extend upto 15 days subsequent to the date of commencement.
(d)
The pay during such leave shall be equal to the pay drawn by the University
servant concerned while last on duty.
(e)
Leave of any other kind may be granted in continuation of maternity leave,
if the request for grant is supported by a medical certificate for self illness or
illness of the newly born baby.
(f)
Maternity leave / paternity leave shall not be debited against the leave
account.
Note:- Maternity leave under these Statutes may also be granted in case of
miscarriage, including abortion, subject to the following considerations:-
(i)
that the female University servant, if temporary, has been in University
service for not less than one year before the commencement of the leave;
and
(ii)
that the leave does not exceed six weeks and the application is supported by a
certificate from the authorized medical attendant.
22. Special casual leave to female employees .—Special C. L. in a month to all female
employees shall be sanctioned for two continuous days by the authority competent to sanction
Casual Leave. Special C. L. if not utilised shall expire at the end of the month.
23. Special disability leave.—
(a)
Subject to the conditions hereinafter specified, the Executive Council may grant
special disability leave to a University servant who is disabled by injury, or
caused in or in consequence of the due performance of his official duties or in
consequence of his official position.
(b)
Such leave shall not be granted unless the disability manifested itself within three
months of the occurrence to which it is attributed and the person disabled acted
with due promptitude in bringing it to the notice of his superior officer. The
Executive Council may in its discretion relax this restriction
(c)
The period of such leave shall be such as is certified to be necessary by a medical
board. It shall not be extended except on the certificate of a medical board, and
shall in no case extend beyond 24 months.
(d)
Such leave may be combined with leave of any other kind.
(e)
Such leave may be granted more than once, if the disability is aggravated or
reproduced in similar circumstances at a later date, but not more than 24 months
of such leave shall be granted in consequence of any one disability.
(f)
Such leave shall be counted as duty, and shall not be debited against leave
account.
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
(g)
Leave Salary during such leave shall be equal:-
(i)
for the first four months of any period of such leave including a period of
such leave granted under sub-section (e) above as leave
salary
admissible on earned leave; and
(ii)
for the remaining period of such leave, to half pay, or at the
University servant’s option, for a period not exceeding the period of
earned leave which would otherwise be admissible to him to such
pay as on earned leave.
24. Special leave.—University servants, diagnosed to be suffering from Teuberclosis,
Laprosy or Cancer, shall be allowed over and above any leave that may be due under the
provisions of the Statutes, special leave on half average pay upto a total of 12 months during the
whole service, on production of a medical certificate to the satisfaction of the leave granting
authority.
25. Quarantine leave.—
(a) Quarantine leave may be granted when an employee is ordered by the competent
authority not to attend office in consequence of the presence of any infections
disease such as small pox, Diptheria, Plague, Cholera, Meningitis or any other
disease which the State Government declares as infections disease, in his family
or household. Such leave may be granted on the certificate of the medical officer
of the University for a period not exceeding twenty one days which may, in
exceptional cases, be raised to thirty days.
(b) Quarantine leave will be on full pay and will not be debited against the
employees leave account.
26. Casual leave.—
(a)
Ordinary casual leave is intended to meet special circumstances resulting from
illness or urgent private affairs, and will be granted with full pay and admissible
allowances. Absence on casual leave shall be treated as duty for the purposes of
calculation of other leave.
(b)
Ordinary casual leave may be granted for 12 days incase of teacher & 16 days in
case of non teaching employee within one calendar year.
(c)
Ordinary casual leave may be both prefixed and suffixed to holidays but not to
vacations, if permission has been granted to join it, provided the resulting period
of absence from duty does not exceed twelve days.
(d)
Ordinary casual leave shall always be applied for sanction before it is taken,
except in cases of emergency and for satisfactory reasons.
(e)
In exceptional circumstances, for urgent special reasons, the Vice-Chancellor
may grant special leave, subject to maximum of 7 days in a year.
27. Sanction of Leave.—
(a)
All Kinds of Leave, except Study Leave to officers / Principal / HOD’s and
Directors of Institutes shall be sanctioned by the Vice-Chancellor.
(b)
Study Leave to teacher shall be sanctioned by the Executive council.
(c)
Earned Leave to teachers shall be sanctioned by the V.C. and all other Leave by
the Head of the Department or Institution concerned.
(d)
All kinds of Leave to Non-teaching employees and academic staff shall be
sanctioned by the Registrar / HOD’s / Principals / Directors of Institute in respect
of their establishments.
28. Lien.—
(a)
Unless it is otherwise provided, a University servant on substantive appointment
to any permanent post acquires a lien on that post and ceases to hold any lien
previously acquired on any other post.
(b)
Unless his lien is suspended under sub-section, (c) of this section or transferred
under sub-section (c) of this section, a University servant holding substantively a
permanent post retains a lien on that post:
(i)
While performing the duties of the post;
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
(ii) While on deputation, or holding a temporary post or officiating in another
post;
(iii) While on leave ; and
(iv) While under suspension.
(c) (i) The lien of a University servant on a permanent post which he holds
substantively shall remain suspended, if he is appointed in a substantive capacity
(1) To a permanent post outside the grade of pay on which he is borne, or
(2) To a tenure post, or
(3) Provisionally, to a post on which another University servant would hold a
lien, had his lien not been suspended under this Article.
(ii)
The Executive council may, at its option, suspend the lien of a University servant
on a permanent post which he holds substantively, if he is deputed out of India or
transferred to foreign
service, or in circumstances not covered by sub-section
(c) above is transferred, whether in a substantive or officiating capacity, to a post
in another grade of pay, and if in any of these cases there is reason to believe that
he will remain absent from the post on which he holds
a lien for a period of not
less than three years.
(iii) If the lien of a University servant on a post is suspended under sub-section (c),
the post may be filled substantively and the University servant appointed to hold
it substantively shall acquire a lien or it; provided that the arrangements shall
be reversed as soon as the suspended lien revives.
(iv)
The lien of a University servant which has been suspended under sub-section (c)
(3) (ii) of section 28 above shall revive as soon as he ceases to hold a lien on a
post of the nature specified in sub-section (c) above.
(v)
The lien of a University servant which has been suspended under sub-section (ii)
above shall revive as soon as he ceases to be on deputation out of India or on
foreign service or to hold a post in any other grade of pay, provide that a
suspended lien shall not revive if the University servant takes leave and there is
reason to believe that
he will, on return from leave continue to be on
deputation out of India or foreign service or to hold a post in another grade of
pay, and the
total period of absence on duty will not fall short of three years,
or that he will hold substantively a post of the nature specified in sub section (c)
above.
(d) (i)
The lien of a University servant on a post, a may in no circumstances be
terminated, even with his consent, if the result will be to leave him without a lien
or a suspended lien upon a permanent post.
(ii) In a case covered by sub-section (c) (i) the suspended lien may not, except on the
written request of the University servant concerned, be terminated while he
remains in the University service.
29. Vacation Duty.—
(a)
A University servant entitled to vacation shall he considered to have availed
himself of vacation or a portion of a vacation unless he has been required, by
general or special order of the appropriate authority, to perform duty of any kind
during such vacation or portion thereof other than routine duties which do not
necessitate his personal presence at the place where such duties are normally
performed.
Provided that if he has been prevented by an order from enjoying more than
fifteen days of the vocation he shall be considered to have availed himself
of no portion of the vacation.
(b)
A University servant entitled to vacation who leaves his place of duty during a
vacation is liable to be recalled at his own expense.
(c)
The teachers shall be entitled to 1/3 no. of days of leave of the total no. of days
worked during vacation.
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
30. Misconduct .—It is transgression of some established and definite rules of action,
where no discretion is left except what necessity demand. It is failure to do what is required of a
person to be done. An omission to do what is required of a person to do what is required of a
person to do may, therefore, constitute misconduct even though the person has not acted willfully
or maliciously.
The following acts inter-alia may be constructed as misconduct which may invite
punishment as provided in the Statute,
(a) Continued neglect of duty
(b) Habitual absence
(c) Willful disobedience of oral or written order
(d) Attempt to circumvent the Statutes and rules of the University
(e) Inciting staff and taking recourse to agitation
(f) Indulgence in cognizable offences
(g) Addiction to use drug or drink during duty hour
(h) Financial irregularities and causing financial loss to the University / Institutions.
(i)
Continued absence beyond five years.
31. Termination of Service.—
(a)
Subject to the provisions of the Act the service of a University servant may be
terminated by the Executive council on one or more of the following grounds : -
(i)
abolition of post;
(ii)
reduction in establishment;
(iii)
in consequence of a change in the nature of the duties of his office.
(iv)
infirmity, either mental or physical, of a permanent nature;
(v)
continued absence from duty for more than five years.
(b)
If a University servant is selected for discharge except on the ground mentioned
in sub-section (a) (iv) and (v) he shall, unless he is appointed to another post, the
conditions of which are deemed to be at least equal to those of his own, by the
authority competent to discharge him, have the option:
(i)
of taking any compensatory salary or gratuity to which he may be
entitled either in one lump sum or spread over several years to be
calculated according to the rules made by the Executive Council; or
(ii)
of accepting another appointment or transfer to another post, even on a
lower pay, if offered, and his previous services may be counted.
NOTE I — In case of termination of service of permanent employee under sub-section
(a) (i to iv) of this section the employee shall be entitled to retirement
benefits under the provisions of the Retirement benefit statute of the
university.
NOTE II— Termination of service under sub-section (a) (v) of this section shall entail
forfeiture of past service.
(c)
A permanent servant of the University may at any time terminate his engagement
by giving three month’s notice in writing or by paying a sum equal to three
month’s salary to the University provided that the appointing authority may
accept shorter notice or a sum equal to the salary for the period.
(d)
Subject to the provisions of the Act and Statutes the engagement of permanent
employees, except those removed or dismissed may be terminated on any of the
grounds mentioned in section 31 by the appointing authority but only after giving
three month’s notice in writing or on payment of three month’s salary in lieu of
notice.
(e)
In the case of employees holding temporary appointments the engagement may
be terminated by the employees or by the appointing authority by giving one
month’s notice in writing or on payment of one month’s salary in lieu thereof,
except where the appointment is terminable without any prior notice.
43
BIHAR GAZETTE (EXTRA), 27TH MAY 2011
32. Suspension.—
(a)
A University servant shall be placed under suspension for reasons to be recorded
in writing and while doing so the following principles may be observed:-
(i) If a University servant is being prosecuted on a criminal charge, he should be
placed under suspension if he has been refused bail by the court and has been
committed to prison,
(ii) In cases of criminal prosecution, a University servant should be suspended if the
charge against him is such that on being found guilty of it, he is likely to be
sentenced to a term of imprisonment, or on which he would be dismissed or
removed form service, in a departmental enquiry. In such cases however the
order of suspension need not be passed in every case immediately after
cognizance has been taken. In suitable cases it may be passed after charges have
been framed.
(b)
Where a University servant is being proceeded against departmentally on charges
of gross misconduct, bribery, corruption or dereliction of duty, the question of
suspension should be considered with reference to the prima facie evidence
available against him. If there are good reasons to believe, on the basis of the
material available at the time of the initiation of the proceedings, that the
University servant has been guilty of gross misconduct or dereliction of duty or
bribery of financial irregularity or corruption which, if proved, would lead to his
dismissal or removal, he should be placed under suspension. In cases in which
such prima facie evidence is lacking at the start, the question of suspension of the
University servant may be kept pending till the findings of the enquiring officer
are available. In such cases he should be required to proceed on such leave as
may be due to him, and, if there is no leave to his credit, on extra-ordinary leave.
On the conclusion of the enquiry, if it is found that the University servant is
guilty of gross misconduct or dereliction of duty or of bribery or financial
irregularity or corruption which would entail his dismissal or removal form
service, he should be placed under, suspension.
(c)
In all cases where there are reasons to believe that the University servant, if
allowed to continue in active service, might attempt to tamper with the evidence,
he should be required to proceed on such leave as may be due to him or, if there
is no leave to his credit, on extra-ordinary leave. If he refuses to proceed on
leave, he may be suspended.
Provided that the period of suspension of such University servant shall not
exceed one year from the date of suspension except in circumstances
beyond the control of the University.
(d) (i) Time passed under suspension pending enquiry into conduct will count as service
if the suspension is immediately followed by reinstatement, but time passed under
suspension when suspension is adjudged as a specified penalty will not so count.
(ii) If a University servant, who has been suspended pending enquiry into his conduct,
is re-instated, but with forfeiture of any part of his allowances for the period of
suspension, this period will not count as service, unless the authority which re-
instates him expressely declares at the time that it shall so count.
33. Resignation & dismissal.—
(a)
Resignation from service, or dismissal or removal from it for misconduct, insolvency,
inefficiency not due to age. or failure to pass a prescribed examination entails
forfeiture of past service, for purposes other than benefits under contributory pension
scheme.
(b)
Any authority, which on revision or appeal, reverses an order dismissing or removing
a University servant, may declare that his past service will count.
(c)
An interruption in the service of a University servant entails forfeiture of his past
service, except I the following cases : -
(i) Authorised leave of absence,
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
(ii) Unauthorised absence in continuation of authorized leave of absence so ling as
the office of the absentee is not substantively filled. If his office is substantively
filled, the past service of absentee will be forfeited;
(iii) Suspension immediately followed by reinstatement, which need not be to the
same office;
(iv) Abolition of office or loss of appointment owing to reduction of establishment;
(v) Time occupied in transit from one appointment to another, provided that the
University servant is transferred under the order of the
competent authority.
34. Superannuation.—
(a) All teaching and non-teaching employees of University/College shall
superannuate on attaining the age of 62 years or as approved by the State
Government from time to time.
(b) A University employee whose date of retirement falls on the first day of a month
will retire from service with effect from the afternoon of the last day of the
preceding month and if the date of retirement falls on any other date of the month
he will retire in the afternoon of the last date of that month.
35. Penalties.—
(a)
The following penalties may, for good and sufficient reason and as provided in
these Statutes, be imposed by the appointing authority upon members of the
University service namely : -
(i) Censur;
(ii) Withholding of increments or promotion.
(b)
The order withholding increment or promotion shall specify the period for which
increment or promotion is withheld and whether withholding increment shall
have cumulative effect;
(i)
recovery from pay of the whole or part of any pecuniary loss caused to
the University by negligence or breach of orders;
(ii)
Suspension;
(iii)
reduction to a lower post or to a lower stage in a time scale;
(iv)
removal from the University service which does not disqualify
fromfuture employment;
(v)
dismissal
from
the
University
service
which
will
ordinarily
disqualifyfrom future employment,
EXPLANATION I - The discharge:
(a) of a person appointed on probation, during or at the end of the period of
probation, on any ground arising out of the specific conditions laid down by the
appointing authority, e.g. want of a vacancy, failure to acquire any prescribed
special qualification, or to pass any prescribed test;
(b) of a person appointed otherwise than under contract to hold a temporary
appointment, on the expiry of the period of the appointment, and
(c) of a person engaged under contract, in accordance with the terms of his contract;
does not amount to removal or dismissal within the meaning of this article.
Explanation II – The discharge of a probationer, whether during or at the end of the
period of probation, for some specific fault or on account of his unsuitability for
the service, amounts to removal or dismissal within the meaning of this article.
36. Disciplinary action.—
(a)
No order of dismissal, removal or reduction shall be passed on a University
servant unless he has been informed in writing of the ground on which it is
proposed to take action, and has been afforded a reasonable opportunity of
defending himself. The grounds on which it is proposed to take action shall be
reduced to the form of a definite charge or charges which shall be communicated
to the person charged together with a statement of the allegations on which each
charge is based and of any other circumstance which it is proposed to take into
consideration in passing orders on the case. He shall be required to put in written
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
statement of his defence within a month, and to state whether he desires to be
heard in person, if he so desires or if the authority concerned so directs, an oral
enquiry shall be held. At that enquiry oral evidence shall be heard on such of the
allegations as are not admitted by the person charged and he shall be entitled to
cross-examine the witnesses, to give evidence in person, and to produce such
witnesses as he may wish, provided that the person or persons conducting the
enquiry may, for special and sufficient reasons to be recorded in writing, refuse
to examine a witness. The examination and cross examination of prosecution and
defence witnesses, will be completed ordinarily within a month which may be
extended by the Enquiry officer as per requirement subject to maximum of one
month. The Enquiry officer shall record his finding if the charges leveled against
the delinquent employee has been proved or not proved. He will refrain from
suggesting punishment.
(b)
After the enquiry against the person charged has been completed and after the
authority competent to impose a penalty has arrived at a provisional conclusion
in regard to the penalty to be imposed, the accused University servant shall be
supplied with a copy of the report of the enquiring authority and called upon to
show cause within two weeks against the particular penalty proposed to be
inflicted.
NOTE : - (1) In all cases the Enquiry officer appointed shall be a person not connected with
the work of the delinquent employee. After completion of the evidence, the
Executive Council shall clearly record his finding on each count and call upon
the accused to show cause within two weeks against any proposed punishment.
(2)
When the orders for punishment are passed by the authority, it would be
sufficient if the authority passing the orders of punishment definitely records his
agreement or disagreement with the person or persons who conducted the
enquiry.
(3)
A second show cause shall be issued before passing final order of punishment.
(4)
to the advice of the person or the Board conducting the enquiry, the University
may appoint a pleader to represent the case on its behalf and like-wise the person
being charged may employ a pleader for his defence.
(c)
The proceedings shall be drawn up and conducted in the following manner:-
(i)
Name, rank and grade of the University servant proceeded against should
be clearly stated.
(ii)
Details of charges.—Each charge must be specified charges should be
drawn up and separately numbered and should give the date, occasion
and nature of the offence committed. A copy of the charges should
normally be given to the person charged within a fortnight from the dates
of the first communication to the University servant concerned of the
intention to take action against him.
(iii)
The authority shall deliver or cause to be delivered to the employee a
copy of the Articles of charge, such statement of the imputations of
misconduct or misbehaviour and a list of documents and witnesses by
which each article of charge is proposed to be sustained and shall require
the employee to submit within 15 days statement of his defence and to
state whether he desires to be heard in person.
(iv)
If the University servant charged is literate, he should submit his defence
in writing. The written statement of defence should be submitted within a
month from the date of communication of charges to the University
servant concerned. It should be attached to the
proceedings.
In case of illiterate servants, the defence may be recorded by
the
enquiring officer.
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
(v)
Evidence : A memorandum of evidence should be prepared, where the
full statement of a witness has been recorded in English or Hindi it
should be attached to the proceedings.
(vi)
Character roll of the University servant charged : - The character roll of
the University servant should be examined and a note made regarding the
good and hard work done by the University servant in the past.
(vii)
Findings : - The officer or authority who is competent to pass orders of
dismissal, removal or reduction in rank should consider the findings
along with the past record of the person concerned, and if he is of the
opinion that any of the above punishments should be imposed, he should
supply a copy of the findings to the person concerned and ask him to
submit within two weeks a representation, if any, against the proposed
punishment. On receipt of the representation an order shall be recorded.
If the punishment imposed is other than dismissal or removal, the order
should clearly indicate how the period of suspension, if any, should be
treated.
Note :- Final order in a case in which a University servant has been prosecuted
should issue as soon as the judicial proceedings have concluded without
waiting for an appeal, if any, or its result.
(d)
An order-sheet should invariably be used from the beginning and the recent of
the proceeding should be prepared as the case proceeds from day in day and not
after the case has been decided. The order sheet shall from part of the
proceedings.
(e)
When any order of punishment has been passed, the University servant punished
shall be entitled to receive a copy of the order of punishment free of cost, and
shall also be allowed to take a copy of the rest of the record, on payment of the
prescribed fee.
(f)
In order that copies of the whole of the proceedings may, without objection, be
supplied to the University servant punished, the authority, conducting such a
proceeding must base his findings and orders on facts and inferences appearing in
or deducted from the record and should not refer to such confidential papers as
cannot be embodied in the record.
(g)
The full procedure indicated above need not be followed in the case of a
probationer discharged in the circumstances described in explanation (ii) Art. 15.
In such cases it will be sufficient if the probationer is given an opportunity to
show cause in writing against his discharge after being apprised of the grounds
on which it is proposed to discharge him, and his reply against the discharge is
duly considered before orders are passed.
(h)
If from the facts elicited in a criminal case brought against a University servant in
which he has not been convicted, or in a civil suit instituted against him, it is
apparent that his retention in the University service is prima facie no longer
desirable, such facts may be used as the basis of an order calling on him to show
cause why he should not be punished by dismissal or otherwise. In such a case
the University servant concerned should have an opportunity of submitting his
defence and tendering such further evidence as he may deem fit to produce.
37. Censure, Withholding of Increment Etc. and Recovery from pay—No order imposing
the following penalties, viz : -
(a)
Censure;
(b)
Withholding of increments or promotion including stoppage at the efficiency bar;
(c)
Recovery from pay of the whole or part of any pecuniary loss caused to the University
by negligence or breach of orders (other than an order based on facts which have led
to his conviction in a criminal court or an order superseding him for promotion to a
higher post on the ground of his unfitness for that post) shall be passed on a
University servant, unless he has been given adequate opportunity of making such
47
BIHAR GAZETTE (EXTRA), 27TH MAY 2011
submission as he may desire to make and the representation/representations if any,
has/have been taken into consideration before the order is passed.
Provided that the requirement under this section may, for sufficient reasons to be
recorded in writing, be waived where there is difficulty in observing them and
they can be, waived without injustice to the University servant concerned.
Note : - The full procedure indicated in section 36 need not be followed. It will be
sufficient if the University servant is given an opportunity of explaining the
charges made against him and the explanation so submitted is taken into
consideration before orders are passed.
38. Termination of temporary University Servant—The following procedure shall be
followed in discharging a temporary University servant : -
(a)
When the form of appointment of a temporary University servant on a temporary
post provides for the termination of service by either party giving notice of a
specified period, either party can serve such notice at any time, and the service
should be considered to have been terminated on expiry of the specified period of
notice. The termination of service in such circumstances does not amount to
“removal and dismissal” from service under the relevant Article of the Indian
Constitution.
(b)
When a temporary appointment expressly stated to be on a temporary basis for
some specified job is sanctioned to continue until further order and is subject to
the condition that the service may be terminated at any time without notice, on
abolition of post the termination of service does not amount to “removal and
dismissal” from service and the service can be terminated at any time without
notice.
(c)
In case of a person who is appointed for a particular period and it is necessary to
terminate his service before the expiry of that period, full departmental
proceedings will not be necessary and it will be sufficient if an explanation is
called for from the person concerned asking him to show cause why his services
should not be terminated, and the explanation if any, so submitted, is considered
before any order is passed.
(d)
In case of persons not covered under sub-section (a), (b) and (c) above, full
departmental proceedings will be necessary before the temporary service can be
terminated.
(e)
In all other cases which are not covered by the foregoing provisions full
departmental proceedings are necessary before temporary services can be
terminated.
39. Appeal.—
(a)
Every University servant shall be entitled to appeal in the manner hereinafter
provided against an order passed by any University authority
(i) Imposing upon him any of the penalties specified in Section 36.
(ii) Terminating his appointment otherwise than on the expiry of the period
of his appointment or on his reaching the age of superannuation.
(b)
An appeal against any order passed under Section 36 shall lie to the Chancellor
whose decision shall be final.
(c)
In the case of an appeal against an order imposing any penalty specified in
section 36 the appellate authority shall consider : -
(i)
Whether the facts on which the order was based have been
established;
(ii)
Whether the facts established afford sufficient ground for taking action ;
and
(iii)
Whether the penalty is excessive, adequate or inadequate and after
such consideration, shall pass such order as it which thinks proper.
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
(d)
An authority against whose order an appeal is preferred under this clause shall
give effect to any order made by the appellate authority which shall form part of
the record.
(e)
Every person preferring an appeal shall do so separately and in his own name
ordinarily within sixty days from the date on which the appellant was informed
of the order appealed against.
(f)
Every appeal preferred under this Article shall contain all material statements and
arguments relied on by the appellant, shall contain no disrespectful or improper
language, and shall be complete in itself. Every such appeal shall be submitted
through the head of the office to which the appellant belongs or belonged, who
shall forward the same to the appellate authority within a fortnight.
40. Fixation and Regulation of pay of Teachers.—
(a)
On the recommendation of the University Grants Commission, the payscale of
the working teaching employees of the University / Colleges / Institutions have
been revised by the State Government w.e.f.1st January 2006.
(i)
There shall be only three designations in respect of teachers in
universities and colleges, namely, Assistant Professors, Associate
Professors and Professors. However, there shall be no change in the
present designation in respect of Library and Physical Education
Personnel at various levels.
(ii)
No one shall be eligible to be appointed, promoted or designated as
Professor, unless he or she possesses a Ph.D. and satisfies other
academic conditions, as laid down by the University Grants
Commission (UGC) from time to time. This shall, however, not affect
those who are already designated as ‘Professor”.
(iii)
The pay of teachers and equivalent positions in Universities and Colleges
shall be fixed according to their designations in two pay bands of
Rs.15600 - 39100 and Rs.37400-67000 with appropriate“Academic
Grade Pay” (AGP in short). Each pay Band shall have different stages of
Academic Grade Pay which shall ensure that teachers and other
equivalent cadres covered under this Scheme, subject to other conditions
of eligibility being satisfied, have multiple opportunities for upward
movement during their career.
(iv)
National Eligibility Test (NET) shall be compulsory for appointment at
the entry level of Assistant Professor, subject to the exemptions to the
degree of Ph.D. in respect of those persons obtaining the award through
a process of registration, course-work and external evaluation, as have
been / or may be laid down by the UGC through its regulations, and so
adopted by the University. NET shall not be required for such Masters’
programmes in disciplines for which there is no NET.
(b) Their revised pay shall be as under:
Sl.
Designation
Existing
payscale
Revised
payscales Pay
Band
AGP1
New designation
i.
Lecturer
8000-275-13500
15600-39100
6000
Asstt. Professor
ii.
Lecturer
(Sr. Payscale)
10000-325-15200
15600-39100
7000
Asstt. Professor
(Sr. Payscale)
iii.
Lecturer
(Selection Grade)
12000-420-18300
15600-39100
8000
Asstt. Professor
(Selection Grade)
iv.
Reader
12000-420-18300
15600-39100
8000
Reader
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
Sl.
Designation
Existing
payscale
Revised
payscales Pay
Band
AGP1
New designation
iv.A
Reader
12000-420-18300
37400-67000
9000
Associate
Professor
v.
University
Professor
16400-450-20900-
500-22400
37400-67000
10000/
12000
Professor
vi.
Principal
16400-450-20900-
500-22400
37400-67000
10000
Principal (U.G.)2
vii.
Principal
16400-450-20900-
500-22400
37400-67000
10000
Principal (P.G.)3
viii.
Vice- Chancellor
25000 (fixed)
75000+Spl.
allowance
5000
Vice Chancellor
ix.
Pro-V.C.
16400-450-20900
500-22400
37400-67000
10000/
12000
+4000
Pro-V.C.
spl. Allowance
subject to max. of 80000
including pay, AGP and spl.
pay.
1. Academic Grade Pay
2. Under Graduate
3. Post Graduate
(c)
Fixation of pay, increments, etc. under the new scheme shall be done as per rules and
orders issued by the State Government.
(d)
Allowances
(i)
Dearness allowance shall be admissible at the rate notified by the State
Government from time to time.
(ii) House rent allowance, city transport allowance, Travelling allowance and
Medical allowance shall be admissible at the rate applicable to State Government
employees from the date of Notification.
(iii) Blind, handicapped and physically infirm employees shall be entitled to
Transport allowance at double rate.
41. Fixation and Regulation of pay of Non-Teaching Employees.—
(a)
The pay of the Non-Teaching employees of the University / College shall be as
prescribed / approved by the State Government from time to time. The State
Government have revised the payscale of officers / non teaching employees of the
University w.e.f. 1st January 2006 but actual payment shall be from 1st April 2007.
Fixation of pay, increments etc. under the new scheme in respect of different
categories of officers and employees of the university / college shall be done as per
rules and orders issued by the State Government .
(b)
Payment of revised pay to the non-teaching employees in the new pay scheme shall be
made for the post on which the employees have been legally appointed.
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
(c)
Allowances.—Non-teaching employees of the university shall get Dearness allowance,
House Rent allowance, and Medical allowance as admissible to State Government
employees.
(i)
Non-teaching employees posted at Patna shall be entitled to City Transport
allowance as admissible to State Government employees.
(ii)
Deputation allowance and Travelling allowance shall be admissible at par with
State Government employees.
(iii)
Blind, handicapped and physically infirm employees shall be entitled to City
Transport allowance at double rate.
Note:- In all matters, not specifically dealt within these Statutes of Chapter II, the rules
and orders applicable to the employees of the State Government shall apply to
the employees of the University.
42. Reduction of pay.—
(a)
The Executive council, if it orders transfer of a University employee from a
higher to a lower grade or post as a penalty for misconduct or inefficiency, may
allow him to draw any pay, not exceeding the maximum of the lower grade of
post, which it may think proper. His date of future increment shall remain the
same.
(b)
If a University servant is put on account of misconduct or inefficiency at a lower
grade or post or to a lower stage in his pay scale, the Executive council shall state
the period for which it shall be effective and whether, on restroration it shall
operate to postpone future increments and if so, to what extent.
43. Pay of Temporary Post.—
(a)
A person appointed to a temporary post will draw the pay of that post.
NOTE : - 1. When a temporary post is created which may have to be filled by a person not
already in University service, the pay of the post shall be fixed with reference to
the minimum that is necessary to secure the service of a persons capable of
discharging efficiently the duties of the post.
2.
When a temporary post is created which will probably be filled by a person who
is already a University servant his pay shall be fixed with due regard to.
(a) the character and responsibility of the work to be performed ; and
(b) the existing pay of University servant of status sufficient to warrant his
selection for the post.
(b)
The pay of a University servant appointed to hold as a temporary measure, or to
officiate in two or more independent posts at the same time shall be regulated as
follows: -
(i)
the highest pay to which he would be entitled if his appointment to one
of the posts stood alone, may be drawn on account of his tenure on that
post.
(ii)
for each other post he may draw such extra remuneration as may be fixed
by the Vice-Chancellor which should not ordinarily exceed 20 percent of
the presumptive pay of the post whose duties the University servant is
performing.
(iii)
if a compensatory allowance is payable for one or more of the posts he
may draw such allowance as the Executive council may fix, provided
that such allowance shall not exceed the total of the compensatory
allowances payable for all the posts.
NOTE : - 1.
“Independent posts” mean posts which are independent of one another, i.e. posts
the incumbent of one of which is not expected to do the duties of any of the
others.
2.
Holding charge of another independent post means discharging the full
responsibilities of the post.
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
44. Payment in case of Dismissal, Removal or Suspension.—
(a)
The pay and allowance of a University servant who is dismissed or removed
from service cease from and including the date of such dismissal or removal.
(b)
University servant under suspension shall be entitled to the following payments
namely : -
(i)
Subsistence grant at an amount equal to the leave salary which the University
servant would have drawn, if, he had been on leave, on half average pay, or on
half pay and in addition, cost of living allowance based on such leave salary.
Provided that where the period of suspension exceeds twelve months, the
authority which made or is deemed to have made the order of suspension,
shall be competent to vary the amount of subsistence allowance subsequent
to the period of the first twelve months, as follows:-
(1)
The amount of subsistence grant may be increased by a suitable amount, not
exceeding 50 percent of the subsistence grant admissible during the period of the
first twelve months, if in the opinion of the said authority the period of
suspension has been prolonged, due to reasons to be recorded in writing not
directly attributable to the University servant.
(2)
The amount of subsistence grant may be reduced by a suitable amount, not
exceeding 50 percent of the subsistence grant admissible during the period of the
first twelve months, if , in the opinion of the said authority, the period of
suspension has been prolonged, due to reasons to be recorded in writing, directly
attributable to the University servant.
(3)
The rate of cost of living allowance will be based on the increased or, as the case
may be, the decreased amount of subsistence grant admissible under sub-section
(1) and (2) above.
(ii) Any other compensatory allowance to which a University servant may be entitled
from time to time on the basis of pay which he received on the date of
suspension.
Provided that the University servant shall not be entitled to that compensatory
allowance unless the authority is satisfied that the University servant
continues to meet the expenditure for which he is granted the allowance.
(c)
No payment under sub section (a) shall be made unless the University servant
furnishes a certificate that he is not engaged in any other employment, business,
profession or vocation.
(d)
When a University servant who has been dismissed, removed, or suspended is
reinstated, the authority competent to order the reinstatement shall consider and
make a specific order;
(i)
regarding the pay and allowance to be paid to the University servant for
the period of his absence from duty ; and
(ii)
Whether or not the said period shall be treated as a period spent on duty.
(e)
Where such competent authority holds that the University servant has been fully
exonerated, or in the case of suspension that it was wholly unjustified, the
University servant shall be given the full pay to which he would have been
entitled, had he not been dismissed, removed or suspended, as the case may be,
together with any allowance of which be was in receipt prior to his dismissal,
removal, or suspension.
(f)
In other cases, the University servant shall be given such proportion of such pay
and allowances as such competent authority may prescribe;
Provided that the payment of allowance under sub-section (f) or (g) shall be
subject to all other conditions under which such allowances are
admissible.
(g)
In a case falling under sub-section (f) the period of absence from duty shall be
treated as a period spent on duty for all purposes.
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
(h)
In a case falling under sub-section (g) the period of absence from duty shall not
be treated as period spent on duty, unless such competent authority specifically
directs that it shall be so treated for any specified purpose.
Provided that if the University servant so desires such authority may direct that
the period of absence from duty shall be converted into leave of any kind
due and admissible to the University servant.
45. Honoraria, fees and reward.—
(a)
Subject to the provisions of the Act, unless it is otherwise distinctly provided, the
service of a whole-time University servant shall be at the disposal of the University
during the period of such employment and he shall not engage himself in any trade,
business, occupation or in any work other than that of his office without the previous
permission of the Vice-Chancellor whose order in the matter shall be final, and he will
not, except in case of accident or sickness certified by competent medical authority,
absent himself from his said duties without the previous permission in writing of the
person authorized in that behalf.
(b)
Unless in any case it be otherwise expressly provided by the University, a University
servant shall not without the previous sanction of the Executive Council or the Vice-
Chancellor or of the Principal where so authorised, be granted an honoraria or a fee or
be permitted to accept an honoraria or a fee.
(c)
The Executive council may permit a University servant :
(i) to perform a specified service or series of services for any person or body outside
the University, if it be satisfied that this can be done without detriment to his
duties or responsibilities, and to receive a non-recurring or recurring honorarium
or fee or rewards,
(ii) to perform any additional or extra work for the University which is occasional in
character and either so laborious or of such special merit as to justify a special
honorarium or fee, and which is taken up with the prior consent of the
sanctioning authority.
(d)
The amount of an honorarium or fee shall be fixed with due regard to the value of the
service in return for which it is given and keeping in view the general principle
enunciated in these Statutes.
(e)
No University servant may act as an arbitrator or as a commission or give evidence in
any case which is likely to come before him for orders or decision in the course of his
official duties.
(f)
A University servant, whose duties involve the carrying out of scientific or technical
research under the University shall not apply for or obtain or cause or permit any other
person to apply for or obtain a patent for an invention made by such servant in respect
of or connected with the subject of his research under the University, or utilize for any
personal gain or profit, or allenate his right, in any, relating to such invention, save
with the permission of the Executive council, and only on such terms and conditions
as the Executive council may impose. If a question arises whether the invention is
connected with the subject of the University servant ‘s research under the University,
the decision of the Executive council shall be final.
(g)
Any University servant is eligible to receive without special permission:
(i)
the premium or reward awarded for an essay or plan or scheme in a public
competition, or for any invention or publication unconnected with his work
under the University;
(ii)
any remuneration or fee payable under the laws of the University for work
done for any other University or an examining body by an Act of legislature.
(iii)
any remuneration, admissible and sanctioned by any court or officer, for
giving evidence or for acting as a commission on technical matters;
(iv)
A whole-time University servant may be employed in any manner required
by the competent authority without claim for additional remuneration.
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BIHAR GAZETTE (EXTRA), 27TH MAY 2011
46. Service Books.—A service Book shall be maintained for every University employee.
In this book every step in the University employee’s official life shall be recorded and each entry
shall be attested by such officer as prescribed by the Regulations of the University.
47. Except Vice-Chancellor the age of superannuation shall be Sixty two years for all
employees of the University or as decided by the Government from time to time.
These Statutes shall come into force with effect from the ……………………….
Note : - In all matters not specifically mentioned in the Statutes under this chapter shall be
governed by the rules and order issued by the State Government.
48. Holidays
New years day
-
1 One day
Birthday of Guru Govind Singh
-
1 One day
Makar Sankranti
-
1 One day
Basant Panchmi
-
1 One day
Republic day
-
1 One day
Chehlum
-
1 One day
Maha Shivratri
-
1 One day
Birthday of Prophet Mohammad
-
1 One day
Holi
-
3 Three days
Ram Navmi
-
1 One day
Good Friday
-
1 One day
Birthday of Baba Sb Ambedkar
-
1 One day
Birthday of Veer Kunwar Singh
-
1 One day
May day
-
1 One day
Budh Purnima
-
1 One day
Shabe braat
-
1 One day
Raksha Bandhan
-
1 One day
Krishna Janam Ashtmi
-
1 One day
Last Friday of Ramzan
-
1 One day
Idul fitre
-
1 One day
Anant Chaturdasi
-
1 One day
Birthday of Mahatma Gandhi
-
1 One day
Mahalaya
-
1 One day
Durga Pooja
-
9 Nine days
Deepavali and Chhath
-
9 Nine days
Iduzzoha
-
1 One day
Mohurram
-
2 Two days
Christmas day
-
1 One day
TOTAL
------
52 days
Summer Vacation only for Teacher
-
26 days
1st June to 30th June
NOTE :—
: -
1. In addition to the above holidays, V. C. shall have option to declare 4 days leave.
2. Islamic holidays according to the visibility of the Moon.
Based on Patna University Calendar approved by the Chancellor.
By order of the Governor of Bihar,
K.K. RAI,
Joint Secretary to government.
————
PUBLISHED AND PRINTED BY THE SUPERINTENDENT,
BIHAR SECRETARIAT PRESS, PATNA.
Bihar Gazette (Extra) 235—571+200
http//-egazette.bih.nic.in