The Bihar Agricultural University Act, 2010
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38. Residence of students—The students shall reside in the accommodation
hostels provided as per rules.
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39. Annual Report—The annual report of a University shall be prepared by the
Registrar or any other officer, assigned under the direction of the Vice-Chancellor normally within six months from the close of the Financial Year and circulated to the Members of the Board before the meeting at which it is to be considered. The Board shall after consideration of the annual report forward a copy thereof to the Government.
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40. Delegation of powers—The B.
O.M. may, by statutes, delegate the powers exercisable under this Act or the Statutes made there under, to any authority, officer, heads of colleges/departments/ institutions or units/office subject to such conditions and restrictions as the B.O.M. may deem proper.
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41. Constitution of ad-hoc committees—Notwithstanding anything in this Act and
until such time as the authorities are duly constituted, the Vice-Chancellor may subject to the approval of the Board, after it has been constituted appoint committees temporarily to exercise, perform and discharge any of the powers, functions and duties of such authority under this Act.
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42. Disputes as to institution of University Authorities and Bodies—If any
question arises as to whether any person has been duly appointed or is entitled to be a member of any authority or other body of University, the matter shall be referred to the
Chancellor whose decision thereon shall be final;
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43. Provided that before taking any such decision, the Chancellor shall give the person affected thereby reasonable opportunity of being heard.
Legal Proceeding—All suits and other legal proceedings by or against the
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44. University shall be instituted, prosecuted or defended on behalf of the University by the Law Officer under the
Appointment to posts in connection with the affairs of University—(1) Subject to the provisions of this Act and the Statutes made there under, appointment to posts and services in connection with the affairs of the University may be made by the Vice- Chancellor with the approval of the concerned authority as prescribed. Provided that such approval of Board shall not be necessary in respect of appointment of posts carrying scales of pay lower than the pay scale of an Assistant Professor.
- (2) Notwithstanding anything contained in this Act and until such time as the Statutes are made or the authorities of the University are constituted, appointments to posts and services in connection with the affairs of the University may be made by the
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45. Vice-Chancellor on such terms and conditions as may be approved by the Chancellor.
Transitional Provisions—(1) Notwithstanding anything contained in this Act or in the other universities Act in the State or in the Statutes or regulations made under any of these enactments any student who immediately before the commencement of this Act was studying in a college which has been or may hereafter be admitted to the privileges of a University for degree, diploma or certificate of the (other) Universities, in accordance with the regulations of the University be permitted:-
- (a) to complete his course in accordance with the curriculum of studies of (other university in state) University; ?बहार गजट (असाधारण)] 16 अूील 2010
- (b) to be examined by the University and if on the results of such examination he qualifies, be entitled to be conferred a corresponding degree or diploma or certificate of the University;
- (c) to appear at the examination within two years of the normal period required for completing the said course of studies.
- (2) In the year of the establishment of the University, University examinations of all courses in different faculties and disciplines shall be conducted by other universities in the State as the case may be, and in subsequent years, the examination shall be conducted by the University.
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46. Provisions regarding existing colleges and institutions:—(1) The Colleges
and the Research Institutes indicated in schedule-1 shall be maintained, controlled and managed by the University.
- (2) All the properties, assets, liabalities and obligations in respect to institution indicated in Schedule I shall stand transferred to and vest in or devolve upon the University.
- (3) Notwithstanding anything contained in (other Universities in the state) Universities Act, or in Statutes or Regulations made thereunder, College of Agriculture/Veterinary and other colleges in allied fields (as approved by Government) shall after the commencement of this Act, be dis-affiliated from other University in the state and shall be maintained by the University as constituent College.
- (4) All employees of any College, Research Institute or other officers & Institutions mentioned in Schedule I shall be the employee of the University and shall cease to be the employee of Rajnedra Agriculture University. Provided that they shall give written notice to the Rajendra Agricultural
University within one year of publication of Notification of the Act in the Bihar Gazette.
They may be permitted to be retained in the service of and to be posed on equivalent post within the jurisdiction of the Rajendra Agricultural University. Likewise the employees of Rajendra Agricultural University, if they so desire, may give written notice to the State
Government for their absorbtion in the Bihar Agricultural University, Sabour.
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47. The State Government will intimate its decision to the University.
Removal of difficulties—(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order do anything which appears to it necessary for the purpose of removing the difficulty.
- (2) No order made under sub-section (1) shall be questioned in any Court of law on the ground that no difficulty, as is referred to in the said sub-section, existed to be removed.
- (3) Every order published, under this section shall as soon as may be after its publication laid before both Houses of the State Legislature.
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48. Repeal and Saving: (1)The Bihar Agricultural University Act, 1987 (Bihar
Act 8, 1988) is deemed to be modified in terms of this Act in respect of institutions enumerated in Schedule-I.
- (2) Notwithstanding such amendment, anything done or any action taken in exercise of the powers conferred by or under the said Act and so far as it is not inconsistent with the provisions of this Act, shall be deemed to have been done or taken
in the exercise of powers conferred by or under this Act, as if this Act were in force on the day on which such thing was done or action taken.
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