BIHAR STATE UNIVERSITY (AMENDMENT) ACT, 2013
[Bihar Act 17, 2013]
An Act to amend Bihar State University Act, 1976 (Bihar Act 23, 1976)
Preamble: Whereas, in the interest of the education in the State it is most expedient to make the entire provisions of the appointment to the posts of teachers in the Universities and Colleges of the Bihar State in conformity with the prescribed standards of University Grants Commission;
And, whereas, it is essential to make appointments to the posts of teachers in the Universities of the State by making the provisions of the appointment of teachers in the Bihar State University Act, 1976 in conformity with the provisions laid down in the various regulations issued by the University Grants Commission. Hence, it is necessary to amend the Act as per the regulations issued by the University Grants Commission.
Be it enacted by the Legislature of the State of Bihar in the Sixty fourth year of the Republic of India as follows:-
1. Short title and Commencement.—
This Act may be called The Bihar State University (Amendment) Act, 2013.
(2) It shall come into force at once.
2. Amendment in section-2 of Bihar Act, 23, 1976.—
In the Bihar State University Act, 1976 (Bihar Act 23, 1976) (hereinafter referred to as the said Act) in section-2 clause (p) shall be inserted by the following; namely:-
“(p) ‘Commission’ means Bihar Public Service Commission.”
3. Amendment in Section 57 of Bihar Act 23, 1976.—
In the said Act Section-57 shall be amended as follows , namely:-
(a) before the existing clause (i) including heading following new sub section (1) shall be inserted; namely:-
“57 Appointment to the post of teachers in Universities and their constituent Colleges.
(1) (i) Subject to the provision mentioned in this Act and Statutes as far as possible the Commission shall perform the same function in respect of the appointments to the sanctioned posts of the teachers of Universities as are assigned to it by Article 320 of the Constitution of India in relation to the State Service.
(ii) The Commission on the recommendation of the State Government may organize an eligibility test to be called “State Eligibility Test” for appointment to the posts of Teacher (Assistant Professor) in the Universities and Constituent/Affiliated colleges under them. In this behalf, Commission shall invite subject wise applications only from such candidates who have obtained the qualifications prescribed in the UGC Regulations, 2010 or as may be prescribed by the University Grants Commission from time to time;
Provided that, such test shall be conducted by the Commission in the light of the order issued by the State Government in conformity with the Regulations made by the University Grants Commission.
(iii) Every year the Commission shall invite subject wise applications for appointment to the posts of Teacher (Assistant Professor) in the Universities and their constituent College only from such candidates who have passed the National Eligibility Test Conducted by the University Grants Commission/Council for Scientific and Industrial Research/State Eligibility Test and obtained minimum qualifications prescribed by the University Grants Commission Regulations, 2010 or as may be prescribed from time to time;
Provided that, the candidates who have obtained Ph.D. Degree on the basis of Minimum Standard and Procedure Regulation, 2009 framed by the University Grants Commission for M.Phil/Ph.D Degree, shall be exempted from passing the National Eligibility Test.
(iv) The subject wise vacancies including the presumed vacancies of the next calendar year alongwith the Reservation roster shall be forwarded to the Commission by the Universities upto thirty first December every year.
(v) The University shall make appointments to the posts of Teacher, duly sanctioned and communicated by the State Government, only on the recommendation of the Commission and no appointment to the post of teachers shall be made by the University without the recommendation of the Commission. Commission shall comply with the conditions laid down in this Section for making recommendations for appointment to the posts of teachers of the University according to their need.
(vi) The commission shall prepare a subjectwise merit list against the vacancies communicated by the University on the basis of the interview from among the candidates applied for under clause (iii). The subject wise list shall contain the names of the candidate in order of merit double in number of the vacancies, however the commission shall forward only one name at a time to the University for appointment against vacancy;
Provided that, the commission shall recommend the names to the University in order of merit and on the basis of reservation roster sent by the University in conformity with the laws applicable to reservation in appointments in the State. Notwithstanding anything contrary to provision of this Act, Statute, the reservation policy prevalent in the Bihar State shall be applicable to all the appointments.
(vii) All the proceeding of the Commission shall be completed on daily-basis itself, which includes minutes of the meeting, the list of the candidates on the basis of merit. The records pertaining to the merit list shall be signed by the commission and the merit list of subject concerned shall be finalized on the last day of the interview of that subject.
(viii) The merit list prepared by the Commission shall be valid for one year from the date of its issue. On receipt of the recommendations of the Commission under clause (vi) the University shall make appointments per the recommendations of the commission within six months from the date of its receipt.
(ix) In respect of appointment, dismissal, removal, termination of service or demotion of teacher of the University and Constituent College, the University shall take action in consultation with the Commission in prescribed manner.
(x) The Board for selection of candidates for appointments to the posts of teachers of the University Departments and constituent Colleges shall be constituted by the commission in view of the directions communicated by the State Government in conformity with the provisions prescribed in the regulations and circulated by the U.G.C. from time to time;
Provided that at least three experts of the subjects concerned shall attend the meeting of Board organised for making recommendations for appointment. (b) Before existing clause (i) bracket and number as sub-section “(2)” shall be added and the word “teachers” wherever occurred in this sub-section shall be substituted by the word “Principal”.
4. Substitution of Section 57 A of the Bihar Act 23, 1976.—
In the said Act section 57 A shall be substituted by the following, namely:-
“57 A-Procedure of selection to be prescribed by the statute-
(1) Subject to the provisions of this Act and Statutes made thereunder, for appointment of teachers in such affiliated Colleges, which are not governed by the State Government or not funded by the Universities, the applications from the candidate fulfilling the qualifications prescribed under clause (iii) of subsection (1) of section 57 of this Act shall be invited by the Governing Body of the College concerned. The selection shall be processed by the Selection Committee constituted by the University under the provisions contained in section 57B of this Act.
(2) In making recommendations on the basis of interview of the candidates holding the above mentioned qualifications the rules or reservation shall be adhered by the Selection Committee.
(3) The recommendation made by the Selection Committee shall remain valid for one year from the date of the recommendation. Within six months from the date of recommendation of the Selection Committee; the College administration shall process the appointment/promotion in order of preference laid down by the Selection Committee.
(4) With regard to the appointment, promotion, dismissal, discharge, removal from service and termination of service or demotion of teachers in affiliated Colleges, the action shall be taken in the manner prescribed after making consultation with the above mentioned Selection Committee.
(5) The appointments, promotions, dismissal, removal and termination of service of teachers in the minority colleges affiliated on the basis of religion and language may be made and disciplinary action against them shall be taken by the governing body of those colleges with the approval of the Selection Committee constituted by the University;
Provided that, where the order concerned is limited to only ensure, withholding increment, against a teacher or his/her suspension till the investigation of charges, in such cases the consultation with the Selection Committee shall not be necessary.
5. Substitution of Section 57 B of the Bihar Act 23, 1976.—
In the said Act Section 57 B shall be substituted by the following: namely:-
“57 B. Constitution of Selection Committee.
(1) The Selection Committee for appointment to the posts of Assistant Professor, Principal in affiliated colleges shall be constituted by the University as follows:-
(i) The Chairman of the governing body of the college or the person nominated by the governing body, who being one of its members, shall be the Chairman of the Selection Committee.
(ii) Principal of the College.
(iii) Head of the department of the faculty concerned in the College.
(iv) Three experts, not below the rank of professor and two out of them should be experts of the subject, shall be nominated by the Vice-chancellor of the concerned University. In case of such colleges, which have been notified/declared as minority educational institution, three persons nominated on behalf of the Chairman of the College who shall be from the list of five persons preferably from the minority community and who have been recommended by the Vice-Chancellor of the University concerned from the panel of experts proposed by the Academic Council of the University concerned and three persons out of them should be subject experts.
(v) The Governing body of the College may nominate two such subject experts who are not connected with that college and those persons have been recommended by the Vice-Chancellor out of the panel of Subject Experts approved by the Academic Council of the University Concerned.
(vi) An academician representing SC/ST/OBC/Minority/Women/Differently-abled categories, if any of candidates representing these categories it the applicant, to be nominated by the Vice-Chancellor, if any of the above members of the selection committee do not belong to that category.
(vii) presence of five members of the Selection Committee, which shall include three subject experts, shall form the quorum for the meeting or the Selection Committee.
6. Amendment in Section 58 of the Bihar Act 23, 1976:—
In the said Act Section-
58 shall be substituted by the following; namely:-
“58. Implementation of Selection Procedure:- Notwithstanding any thing contained in any provisions of this Act, Statute or any other laws for the time being in force, the Selection Committee constituted under section 57(i) and 57B shall be bound to follow the procedure under this Act.”
7. Saving-
Notwithstanding the substitution of section 57A and 57 B of this Act, anything done or decision or action taken prior to it shall be deemed to have been validly done or taken and shall not be question on the ground or the substitution or deletion of Section 57A and 57 B. |
