The Bihar Engineering University Act, 2021

Short title, extent and commencement.—

1. (1) This Act may be called as The Bihar Engineering University Act, 2021.
2. (2) It shall extend to whole of the State of Bihar.
3. (3) It shall come into force on such date as the Government may, by notification in the official gazette, specify.

Definitions.-In this Act, unless the context otherwise requires .

1. (1) ‘Academic Council' means the Academic Council of the University;
2. (2) 'Affiliated Institution' means an institution affiliated by the University;
3. (3) 'Affiliation' means affiliation granted by the University in accordance with the Statutes and Regulations made for the purpose;
4. (4) 'All India Council for Technical Education' (A.I.C.T.E.) means Council constituted under All India Council for Technical Education Act, 1987 (Central Act 52 of 1987);
5. (5) ‘Chancellor' means the Chancellor of the University;
6. (6) 'Chief Minister' means Chief Minister of the State of Bihar;
7. (7) ‘College’ means a college teaching courses leading to a Bachelor or Higher degree in Engineering and Technology, Architecture and Planning.
8. (8) ‘Council of Architecture' (C.O.A.) means the Council constituted under section 3 of the Architects Act, 1972 (Act 20 of 1972);
9. (9) 'Courses in Engineering & Technology, Architecture and Planning’ means courses leading to a Bachelor or Higher degree in relevant programme of Engineering and Technology, Architecture and Planning as approved by All India Council for Technical Education and other concerned Apex Regulatory Body;
10. (10) ‘Employee’ means any person appointed by the University;
11. (11) ‘Executive Council’ means the Executive Council of the University;
12. (12) ‘Finance committee’ means the finance committee of the University;
13. (13) ‘General council' means General council of the University;
14. (14) ‘Government' means the Government of Bihar;
15. (15) ‘Institution’ means an academic institution or a college imparting education in the field of Engineering and Technology, Architecture and Planning leading to a Bachelor or Higher Degree
16. (16) 'Manangement Programme' means Courses in Management as approved by AICTE and conducted by the institution.
17. (17) 'Misconduct' means a misconduct prescribed by the Statutes;
18. (18) 'Notification' means a notification published in the official Gazette;
19. (19) 'Planning Board' means the 'Planning Board' of the University;
20. (20) ‘Principal’ means the head of a college and includes, where there is no principal, the person who is for the time being duly appointed to act as the Principal;
21. (21) 'Reservation in admissions' means the reservation in admission defined under section 8 of this Act.
22. (22) 'Screening committee' means the committee as constituted under section 11
23. (3) of this Act.
24. (23) ‘Self-financing institution’ means those institutions which are set-up by a Trust or a Society or a Company and are Self Financing imparting education in the field of Engineering and Technology, Architecture and Planning leading to Bachelor or Higher Degree
25. (24) ‘Statutes’ and 'Regulations' mean respectively the Statutes and Regulations of the University for the time being in force;
26. (25) ‘Technical Education’ means the Technical Education as defined by A.I.C.T.E;
27. (26) ‘University’ means the Bihar Engineering University as incorporated under this Act;
28. (27) ‘University Grants Commission' (U.G.C.) means the Commission established under Section- 4 of the University Grants Commission Act, 1956 (Central Act 3 of 1956);
29. (28) 'University Review Commission' means the commission defined under section- 36 of this Act;
30. (29) 'Vice-Chancellor' means the Vice Chancellor of the University;
31. (30) The words and expressions used herein and not defined in the Act shall have the same meaning respectively assigned to them in the Act.

Incorporation.—

1. (1) With effect from such date as the Government may, by notification in the official Gazette, appoint, there shall be established a university by the name of Bihar Engineering University comprising the Chancellor and the Vice-Chancellor, the first members of the General council, the Executive Council and the Academic Council of the University and all such persons as may hereafter be appointed to such office or as members so long as they continue to hold such office or membership.
2. (2) The University shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and may by the said name sue or be sued.
3. (3) The headquarters of the University shall be at such place as the Government, may, by notification in the official Gazette specify.

Jurisdiction.—

1. (1) The jurisdiction of the University shall extend to the whole of the State of Bihar.
2. (2) All Engineering colleges and institutions established by the Government and affiliated to the existing Universities of the State or to be established in future imparting education in Engineering and Technology, Architecture and Planning, Management Programme and courses, as defined under Technical Education by All India council for Technical Education and concerned other Apex Regulatory Body, shall be eligible for affiliation with the University from such date as the Government may, by notification in the official Gazette appoint, and in the manner prescribed by the Statutes or Regulations made in this regard.
3. (3) Notwithstanding anything contained in any other State laws for the time being in force, the college or institutions as may be specified by the State Government, by notification in the Official Gazette, imparting education in Engineering and Technology, Architecture and Planning Programme and affiliated by any other University established by law of the State Legislature shall cease to be affiliated from the University to which such colleges or institutions have been affiliated and such colleges or institutions shall be deemed to be affiliated to the University from such date as specified in the said notification.
4. (4) The University may impose such terms and conditions upon the colleges or institutions as it may consider necessary, conducive or incidental to the attainment of all or any of the objects of the University and then grant affiliation.
5. (5) Existing college or institution, set up by a Trust or a Society or a Company as a self-financing institution imparting Education in Engineering and Technology, Architecture and Planning, Management Programme, shall get affiliated with the University subject to fulfillment of conditions laid down under Statutes and Regulations made in this regard.

Objectives of the University.—The objectives of the University shall be to develop the knowledge of Science, Engineering and Technology, Architecture and Planning, Management and to develop environment for the advancement of quality of life of the mankind in general and in relation to the domain of engineering and technological development and applications. The prime objectives of the University shall be to create centers and institutes of excellence in basic and applied Science, Engineering and Technology, Architecture and Planning, Management in particular and other objects shall be as follows, namely:

1. (1) To create institutes and centers of excellence for imparting State-of the-art education, training and research in the fields of Engineering and Technology as well as Architecture and Planning, Management;
2. (2) To create capabilities for development of knowledge, skill and competency at various levels;
3. (3) To create capabilities for upgrading the infrastructure of global standard for education, training and research in the areas related to Engineering and Technology, Architecture and Planning, Management and Science;
4. (4) To develop patterns of teaching and training at various levels of educational accomplishments so as to set high standards of education in Science, Engineering and Technology, Architecture and Planning, Management;
5. (5) To function as a leading resource center for knowledge management and entrepreneurship development in the areas of Science, Engineering and Technology, Architecture and Planning, Management;
6. (6) To provide inter-relationship for national and global participation in the fields of Science, Engineering and Technology, Architecture and Planning, Management;
7. (7) To establish close linkages with industry to make teaching, training and research at the University relevant to the needs of the industry at national and global levels;
8. (8) To make such provisions as would enable affiliated colleges to undertake specialization of studies.

Powers and Functions of the University.—The University shall have the following powers and functions, namely:

1. (1) To provide for instruction, training and research in such branches of knowledge or learning pertaining to Science, Engineering and Technology, Architecture and Planning, Management and allied areas for furtherance of the objectives of the University;
2. (2) To conduct innovative experiments in new methods and technologies in the field of Science, Engineering and Technology, Architecture and Planning, Management in order to achieve international standards of such education, training and research;
3. (3) To prescribe course of study and curricula and provide for flexibility in the education systems and delivery methodologies including electronic and distance learning,
4. (4) To hold examinations and confer degrees, or grant certificates and other academic distinctions or titles on person’s subject to such condition as the University may determine, and to withdraw or cancel any such degrees, certificates or other academic distinctions or titles in the prescribed manner;
5. (5) To confer honorary degrees or other distinctions in the prescribed manner;
6. (6) To provide for printing, reproduction and publication of research and other works and to organize exhibitions, workshops, seminars, conferences etc.
7. (7) To sponsor and undertake research in all aspects of Science, Engineering and Technology, Architecture and Planning, Management;
8. (8) To develop and maintain linkages with educational/ industrial or other institutions in any part of the world having objects wholly or partly similar to those of the University, through exchange of teachers, scholars, industrial experts and generally in such manner as may be conducive to their common objects;
9. (9) To appoint academic, technical, administrative, managerial, advisory, ministerial and other support services posts as required for the University;
10. (10) To lay down conditions of services of all categories of staff, including their code of conduct;
11. (11) To regulate fees and other charges to be levied on the students of self-financing institutions affiliated to the University;
12. (12) To develop and revise curriculum as required in co-ordination with all stake holders.
13. (13) To liaise with Ministry of Human Resource Development, Government of India, Ministry of Science and Technology, Government of India, Department of Science and Technology along with other related Departments, Government of Bihar and apex regulatory bodies like All India council for Technical Education, University Grants Commission, Council of Architecture
    • (CoA) as the case may be;
14. (14) To develop and maintain relationships with teachers, researchers and experts in any part of the world for achieving the objects of the University;
15. (15) To regulate the expenditure, manage the finances and to maintain accounts of the University;
16. (16) To receive grants, subventions, subscriptions, donations and gifts for the purpose of University and consistent with the objects of the University and to enter into any agreement with Central Government, State Government, the University Grants Commission or other authorities or bodies for receiving any grants;
17. (17) To receive funds from Industry, national and international organizations or any other sources as gifts, donations, benefactions, bequests for the purposes and objects of the University;
18. (18) To fix, demand and receive or recover fees and such other charges as may be prescribed;
19. (19) To institute and award fellowships, scholarships, prizes, medals and other awards;
20. (20) To purchase or to take on lease or accept as gifts or otherwise any land or building or works which may be necessary or convenient for the purpose of the University on such terms and conditions as it may think fit and to construct, alter and maintain any such buildings or works;
21. (21) To sell, exchange, lease or otherwise dispose of all or any portion of the properties of the University, movable or immovable, on such terms as it may think fit, consistent with the interest, activities and objects of the University; Provided in case of immovable properties, previous sanction of the Government is required.
22. (22) To regulate and enforce discipline among the officers and employees of the University and to provide for such disciplinary measures as may be prescribed;
23. (23) To delegate all or any of its powers (except the power to make statutes and regulations) to any other officer or authority of the University and to do such other acts and things as the University may consider necessary, conducive or incidental to the attainment or enlargement of all or any of the objects of the University,

University open to all persons irrespective of gender, class or creed.—The

University shall be open to all persons irrespective of sex , caste, creed, race or class and it

shall not be lawful for the University to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed to hold any office therein or be admitted as a student in the University or to graduate there at or to enjoy or exercise any privilege thereof; Provided that nothing in this section shall be deemed to prevent the University from making special provisions for the employment or admission of women, persons with physical disabilities or persons belonging to socially and educationally backward classes of the society or for the Scheduled Castes or the Scheduled Tribes.

Reservation in admissions.—Without affecting the provisions of vertical reservations, as applicable from time to time for admission in the educational institutions in the state of Bihar, one-third of total seats of all the courses and categories in each institution and college affiliated with the University shall be horizontally reserved for admission of women candidates.

In the absence of eligible women candidates, the vacant seats in the same academic session shall be filled up by the male candidates from the relevant category (reserved/unreserved).

The Chancellor The Chancellor.—

1. (1) The Chief Minister of Bihar, by virtue of his office, shall be the Chancellor of the University.
2. (2) The Chancellor, when present, shall preside over the convocations of the University and the meetings of the General Council.
3. (3) The Chancellor shall have the right to cause an inspection , to be made by such person or persons as he may direct, of the University, a college or an institution affiliated by the University, their buildings, laboratories and equipment, and also of the examination, teaching and other work conducted or done by the University, college or institution, as the case may be, and to cause an inquiry or to be made in the like manner in respect of any matter connected with the administration or finances of the University, college or institution, as the case may be;
4. (4) The Chancellor shall, in every case, give notice to the University or to the colleges or institutions of his intention to cause an inspection or inquiry

to be made and the University or the colleges or institutions, as the case

may be, shall, on receipt of such notice, have the right to make such representation to the Chancellor, as it may consider necessary, within such period as specified in the notice.

1. (5) After considering the representation, if any, made by the University or the college or institution, Chancellor may cause to be made such inspection or inquiry as is referred to in sub-section (3).
2. (6) Where an inspection or inquiry has been caused to be made by the Chancellor, the University shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry.
3. (7) The Chancellor may address the Vice-Chancellor with reference to the result of such inspection or inquiry as is referred to in sub-section
4. (3) and the Vice-Chancellor shall communicate to the Executive Council the views of the Chancellor with such advice as the Chancellor may be pleased to offer upon the action to be taken thereon.
5. (8) The Chancellor may, if the inspection or inquiry is made in respect of any college or institution affiliated to the University, address the Executive council concerned through the Vice-Chancellor with reference to the result of such inspection or inquiry, his views thereon and such advice as he may be pleased to offer upon the action to be taken thereon.
6. (9) The Executive Council shall communicate through the Vice-Chancellor to the Chancellor such action, if any, as it proposes to take or has been taken by it upon the result of such inspection or inquiry.
7. (10) Where, the Executive Council as the case may be, does not, within a reasonable time, take action to the satisfaction of the Chancellor, the Chancellor may, after considering any explanation furnished or representation made by the Executive Council issue such directions as he may think fit and the Executive Council shall comply with such directions.
8. (11) Without prejudice to the foregoing provisions of this section, the Chancellor may, by order in writing, annul any proceeding of the University which is not in conformity with this Act, the Statutes or the Regulations; Provided that before making any such order, the Chancellor shall call upon the Registrar to show cause why such an order should not be made, and if any cause is shown within a reasonable time, he shall consider the same.
9. (12) In case of differences among the authorities or officers of the University on any matter which cannot be otherwise resolved the decision of the Chancellor shall be final.
10. (13) The Chancellor shall have such other powers as may be prescribed by the

Officers of the University Officers of the University.—The following shall be officers of the University:

1. (1) The Vice-Chancellor;
2. (2) The Deans;
3. (3) The Registrar;
4. (4) The Finance Officer;
5. (5) The Examination Controller;
6. (6) The Librarian;
7. (7) Such other officers as may be declared by the Statutes to be officers of the University.

Vice-Chancellor.—

1. (1) The Vice-Chancellor shall be an academician and scholar of repute having experience in the field of engineering and technology education or an eminent technologist or an administrator with an academic background of engineering and technology having adequate experience in human resource development.
2. (2) The Vice Chancellor shall be appointed by the Chancellor in consultation with the Minister, Department of Science and Technology, Government of Bihar from out of a panel of not less than three persons recommended (the names being arranged in the alphabetical order) by a Screening Committee constituted under sub-section (3); Provided that if the Chancellor does not approve of any of the persons so recommended, he may call for the fresh recommendations;
3. (3) The Screening Committee referred to in sub-section
4. (2) shall consist of three members of whom one shall be nominated by the Executive Council, one by the Chancellor and one by the Government, and the member nominated by the Government shall be convener of the committee; Provided that none of the members of the Committee shall be an employee 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 persons or institutions in the field of Engineering and Technology.
5. (4) The first Vice Chancellor shall be appointed by the Government.
6. (5) The Vice Chancellor shall hold office for a term of three years from the date on which he enters upon his office; Provided that the Chancellor may require the Vice-Chancellor after his term has expired, to continue in office for such period, not exceeding a total period of one year as may be specified by him; Provided also that the maximum age limit for continuance upon the office of the Vice Chancellor will be seventy-five years.
7. (6) The emoluments and other conditions of service of the Vice Chancellor shall be as prescribed by Statutes;
8. (7) If the office of the Vice Chancellor becomes vacant due to death, resignation or otherwise or if he is unable to perform his duties due to ill health or any other cause, the Chancellor shall have the authority to designate any eminent person to perform the functions of the Vice Chancellor until the new Vice Chancellor assumes his office or until the existing Vice Chancellor attends to the duties of his office, as the case may be.

Powers, duties and functions of the Vice-Chancellor.—

1. (1) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of the authorities of the University.
2. (2) The Vice-Chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall report to such authority at its next meeting the action taken by him on such matter; Provided that such exercise of power shall be made only in emergent situations 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; Provided also that if any person in the service of the University who is aggrieved by the actions taken by the Vice-Chancellor under this sub-section shall have the right to appeal against such action to the Chancellor within three months from the date on which decision on such action is communicated to him and there upon the Chancellor may confirm, modify or reverse the action taken by the Vice-Chancellor.
3. (3) The Vice-Chancellor, if he is of the opinion that any decision of any authority of the University is beyond the powers of the authority conferred by the provisions of this Act, the Statutes, the Regulations or that, any decision taken is not in the interest of the University, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the Chancellor whose decision thereon shall be final.
4. (4) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescribed by the Statutes or the Regulations.
5. (5) The Vice-Chancellor shall be the chairman of the Executive Council, Finance Committee, Academic Council of the University.
6. (6) The Vice Chancellor shall, in the absence of the Chancellor, preside at any convocation of the University and shall preside at the meeting of the Executive council, Academic Council and the Finance Committee,

Removal of the Vice-Chancellor.—

1. (1) If at any time and after such enquiry as may be considered necessary, it appears, to the Chancellor that the Vice-Chancellor: -
   • (i) Has failed to discharge any duty imposed upon him, by, or under this Act, the Statutes and Regulations;
   • (ii) Has acted in a manner prejudicial to the interests of the University, or
   • (iii) Has been incapable of managing the affairs of the University. The Chancellor may, notwithstanding the fact that the term of office of the Vice-Chancellor has not expired, require the Vice-Chancellor, by an order in writing stating the reasons thereof, and after consulting the State Government, to resign his post from the date as may be specified in the order.
2. (2) No orders under sub-section-1 shall be passed unless a notice stating the specific grounds on which such action is proposed has been served and a reasonable opportunity to show cause against the proposed order has been given to the Vice-Chancellor.
3. (3) On and from the date specified in sub-section-1, it shall be deemed that the Vice Chancellor has resigned his post and office of the Vice-Chancellor shall be deemed vacant.

The Dean.—Every Dean shall be appointed in such manner, and shall exercise such powers and perform such duties as may be prescribed by the Statutes.

The Registrar.—

1. (1) The Registrar shall be appointed in such manner, on such terms and other conditions of service as may be prescribed by the Statutes. However, the first Registrar of the University shall be appointed by the Government and shall hold office for a term of three years or till the appointment of the Registrar as prescribed by the statutes, whichever is earlier;
2. (2) The Registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University and shall exercise such powers and perform such duties as may be prescribed by the Statutes.

The Finance Officer.-The Finance Officer shall be appointed in such manner and on such terms and conditions of service, and shall exercise such powers and perform such duties, as may be prescribed by the Statutes. However, the first Finance Officer of the University shall be appointed by the Government and shall hold office for a term of three years or till the appointment of the Finance Officer as prescribed by the statutes, whichever is earlier;

The Examination Controller.—The Examination Controller shall be appointed in such manner and on such terms and conditions of service, and shall exercise such powers and perform such duties, as may be prescribed by the statutes. However, the first Examination Controller shall be appointed by the Government and shall hold office for a term of three years or till the appointment of the Examination Controller, as prescribed by the statutes, whichever is earlier.

Other Officers.—The manner of appointment and powers and duties of other officers of the University shall be prescribed by the Statutes.

Authorities of the University.—The following shall be the authorities of the University:

1. (1) The General Council;
2. (2) The Executive Council;
3. (3) The Academic Council;
4. (4) The Board of Studies;
5. (5) The Board of Planning;
6. (6) The Board of Affiliation;
7. (7) The Finance Committee; and
8. (8) Such other authorities as may be declared by the Statutes to be authorities of the University.

The General Council.—

1. (1) The General Council shall consist of the following persons: -
   • (i) Chancellor;
   • (ii) Minister, Department of Finance, Government of Bihar;
   • (iii) Minister, Department of Education, Government of Bihar;
   • (iv) Minister, Department of Science and Technology, Government of Bihar;
   • (v) Vice-Chancellor;
   • (vi) Member Secretary, All India council for Technical Education;
   • (vii) Chief Secretary, Government of Bihar;
   • (viii) Additional chief Secretary/ Principal Secretary/ Secretary, Deptt. Of Finance, Government of Bihar;
   • (ix) Additional chief Secretary/ Principal Secretary/ Secretary, Department of Education, Government of Bihar;
   • (x) Additional chief Secretary/ Principal Secretary/ Secretary, Department of Science and Technology, Government of Bihar;
   • (xi) Director, Indian Institute of Technology, Patna;
   • (xii) Director, National Institute of Technology, Patna;
   • (xiii) Director, Chandragupta Institute of Management (CIM), Patna, Bihar;
   • (xiv) Director, Development Management Institute (DMI), Patna, Bihar;
   • (xv) Two eminent persons in the field of Science and Technology, nominated by the Chancellor;
   • (xvi) Two Principals of Government Engineering Colleges, in rotation for a period of three years, nominated by Government of Bihar;
   • (xvii) Registrar of the University. (2)
   • (i) Where a person has become a member of the General Council by reason of the office or appointment he holds, his membership shall terminate when he ceases to hold that office or appointment;
   • (ii) The term of office of the nominated members of the General Council other than the ex officio members shall be three years;
   • (iii) A member of the General Council shall cease to be a member if he resigns or becomes of unsound mind, or becomes insolvent or is convicted of a criminal offence involving moral turpitude. A member, other than the Vice-Chancellor, Registrar shall also cease to be a member if he accepts a full- time appointment in the university; or if he not being an Ex-Officio member fails to attend three consecutive meetings of the General Council without the leave of the Chancellor;
   • (iv) A member of the General Council other than an ex-officio member may resign his office by a letter addressed to the Chancellor and such resignation shall take effect as soon as it has been accepted; and
   • (v) Any vacancy in the General Council shall be filled by nomination by the respective nominating authority for the remaining period of the term and on expiry of the period of the vacancy; such nomination shall cease to be effective.
2. (3) Powers, functions and meetings of the General Council-
3. (1) The General Council shall be the plenary authority of the University and shall formulate and review from time to time the broad policies, and programmes of the University and devise measures for the improvement and development of the University and shall also have the following powers and functions namely: -
   • (i) To consider and pass the annual report, financial statement and the budget estimates prepared by the Executive Council and to adopt them with or without modification:
   • (ii) To make Statutes concerning the administration of the affairs of the University including prescribing the procedures to be followed by the authorities and the officers of the University in the discharge of their functions. (2)
   • (i) The General Council shall meet at least once in a year and annual meeting of the General Council shall be held on a date to be fixed by the Chancellor;
   • (ii) A report of the working of the University during the previous year, together with a statement of receipts and expenditure, the balance sheet as audited, and the financial estimates shall be presented by the Vice-Chancellor to the General Council at its annual meetings;
   • (iii) Meetings of the General Council shall be called by the Chancellor either on his own motion or at the requisition of not less than ten members of the General Council;
   • (iv) For every meeting of the General Council, fourteen days’ notice shall be given. However, in emergent situation the meeting of the General Council may be called by the Chancellor at short notice.
   • (v) One third of the members existing on the rolls of the General Council shall form the quorum;
   • (vi) Each member shall have one vote and if there be equality of votes on any question to be determined by the General Council, the Chancellor presiding over the meeting shall, in addition, have a casting vote;

Executive Council.—

1. (1) The Executive Council shall be the principal executive body of the University.
2. (2) The Executive Council shall consist of the following persons namely: -
   • (i) The Vice-Chancellor of the University;
   • (ii) Additional chief Secretary/ Principal Secretary/Secretary, Department of Science and technology, Government of Bihar or his/her representative not below the rank of joint secretary;
   • (iii) Additional chief Secretary/ Principal Secretary/ Secretary, Department of Education, Government of Bihar or his/her representative not below the rank of joint secretary;
   • (iv) Additional chief Secretary/ Principal Secretary /Secretary, Department of Finance, Government of Bihar or his/her representative not below the rank of joint secretary;
   • (v) Director, Indian Institute of Technology, Patna or his/her representative not below the rank of professor;
   • (vi) Director, National Institute of Technology, Patna or his/her representative not below the rank of professor;
   • (vii) Director, Chandragupta Institute of Management, Patna or his/her representative not below the rank of professor;
   • (viii) Director, Development Management Institute, Patna or his/ her representative not below the rank of professor;
   • (ix) Head of Department, Department of Architecture, National Institute of Technology, Patna;
   • (ix) Director, Department of Science and technology, Government of Bihar;
   • (x) The Registrar of the University;
   • (xi) Three teachers to be nominated by the Vice Chancellor of whom, one shall be from amongst Heads of Department, one from Professors and one from Associate Professors by rotation for a period of one year each from Government engineering colleges;
3. (3) The Vice-Chancellor shall be the Chairman of the Executive Council:
   • (i) Where a person has become a member of the Executive Council by reason of the office or appointment he holds, his membership shall terminate when he ceases to hold that office or appointment;
   • (ii) The term of office of the nominated members of the Executive council other than ex officio members shall be three years;
   • (iii) A member of the Executive Council shall cease to be a member, if he resigns or becomes of unsound mind or becomes insolvent or is convicted of a criminal offence involving moral turpitude. A member other than the Vice-Chancellor and the Registrar shall also cease to be a member if he accepts a full-time appointment in the University;
   • (iv) A member of the Executive Council other than an ex-officio member may resign his office by a letter addressed to the Vice-Chancellor and such resignation shall take effect as soon as it has been accepted by him;
   • (v) Any vacancy in the Executive Council shall be filled by nomination by the respective nominating authority for the remaining period of the term and on expiry of the period of the vacancy, such nomination shall cease to be effective.
4. (4) Powers, Functions and Meetings of the Executive Council I. The Executive Council shall be the Chief Executive Authority of the University and as such shall have all powers necessary to administer the University subject to the provisions of this Act and the Statutes made there under, and may make Regulations for that purpose and also with respect to matters provided hereunder. II. The Executive Council shall have the following powers and functions:
   • (i) To prepare and present the following to the General Council at its annual meetings: -
   • (a) A report on the working of the University;
   • (b) A statement of accounts; and
   • (c) Budget proposals for the ensuing academic year.
     • (ii) To manage and regulate the finances, accounts, investments, properties, business and all other administrative affairs of the University and for that purpose, constitute committees and delegate the powers to such committees or such officers of the University as it may deem fit;
     • (iii) To transfer or accept transfers of any movable or immovable property on behalf of the University;
     • (iv) To enter into, vary, carry out and cancel contracts on behalf of the University and for that purpose to appoint such officers as it may think fit;
     • (v) To provide buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University;
     • (vi) To entertain, adjudicate upon, and if it thinks fit, to redress any grievances of the students and the employees of the University;
     • (vii) To create administrative, ministerial and other necessary posts, to determine the number and emoluments of such posts, to specify the minimum qualifications for appointment to such posts on such terms and conditions of service as may be prescribed by the Statutes and Regulations made in this behalf;
     • (viii) To appoint examiners and moderators, and if necessary to remove them and to fix their fees, emoluments and travelling and other allowances, after consulting the Academic Council;
     • (ix) To select a common seal for the University; and
     • (x) To exercise such other powers and to perform such other duties as may be considered necessary; or imposed on it by or under this Act. III.
     • (i) The Executive Council shall meet at least once in four months and not less than fourteen days notice shall be given of such meetings;
     • (ii) The meeting of the Executive Council shall be called by the Registrar under instructions of the Vice-Chancellor or at the request of not less than five members of the Executive Council;
     • (iii) One half of members of the Executive Council shall form the quorum at any meeting;
     • (iv) In case of difference of opinion among the members, the opinion of the majority shall prevail;
     • (v) Each member of the Executive Council shall have one vote and if there be equality of votes on any question to be determined by the Executive Council, the Chairman of the Executive Council or as the case may be, the member presiding over that meeting shall, in addition, have a casting vote;
     • (vi) Every meeting of the Executive Council shall be presided over by the Vice-Chancellor and in his absence by a member chosen by the members present;
     • (vii) If urgent action by the Executive Council becomes necessary, the Vice-Chancellor may permit the business to be transacted by circulation of papers to the members of the Executive Council. The decisions so taken shall not be valid unless agreed to by a majority of members of the Executive Council. Such decisions shall be forthwith intimated to all the members of the Executive Council.

The Academic Council The Academic Council.—

1. (1) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes and the Regulations, co-ordinate and exercise general supervision over the academic policies of the University.
2. (2) The Academic Council shall consist of the following persons, namely:
   • (i) The Vice-Chancellor who shall be the Chairman;
   • (ii) Director, Indian Institute of Technology, Patna or his/her representative not below the rank of professor;
   • (iii) Director, National Institute of Technology, Patna or his/her representative not below the rank of professor;
   • (iv) Director, Chandragupta Institute of Management, Patna or his/her representative not below the rank of professor;
   • (v) Director, Development Management Institute, Patna or his/her representative not below the rank of professor;
   • (vi) Head of Department, Department of Architecture, National Institute of Technology Patna;
   • (vii) Three persons from amongst educationists of repute or men of letters or members of the learned profession or eminent public men, who are not in the service nominated by the Chancellor;
   • (viii) A nominee of the All India Council for Technical Education;
   • (ix) Director, Department of Science and technology, Government of Bihar;
   • (x) Ten Principals of the Government Engineering colleges of Bihar on rotation for a period of three years to be nominated by the Government of Bihar;
   • (xi) Three members of the teaching staff; one each respectively representing the Professor, Associate and Assistant Professors of Government Engineering colleges, nominated by the Vice-Chancellor for a period of three years;
3. (3) Powers, Functions and Meeting of the Academic council.—Subject to the provisions of the Act, Statutes and Regulations and overall supervision of the Executive Council, the Academic Council shall manage the academic affairs and matters in the University and in particular shall exercise and perform the following powers and functions namely:
   • (i) To report on any matter referred or delegated to it by the General Council or the Executive Council;
   • (ii) To make recommendations to the Executive Council with regard to the creation, abolition or classification of posts in the University and the emoluments payable and the duties attached thereto;
   • (iii) To formulate and modify or revise schemes for the organization of the faculties, and to assign to such faculties their respective subjects and also to report to the Executive Council as to the expediency of the abolition or sub-division of any faculty or the combination of one faculty with another;
   • (iv) To promote research under the University and to require from time to time, reports on such research;
   • (v) To consider proposals submitted by the faculties;
   • (vi) To recommend recognition of degrees of other Universities and institutions and to determine their equivalence in relation to the certificates, diplomas and degrees of the University;
   • (vii) To fix subject to any conditions accepted by the General Council, the time, mode and conditions of competition for Fellowships, Scholarships and other prizes and to recommend for the award of the same;
   • (viii) To make recommendations to the Executive Council in regard to the appointment of examiners and if necessary, their removal and fixation of their fees, emoluments and travelling and other expenses;
   • (ix) To recommend arrangements for the conduct of examinations and the date for holding them;
   • (x) To declare or review the result of the various examinations or to appoint committees or officers to do so, and to make recommendations regarding the conferment or grant of degrees, honors, licenses, titles and marks of honors;
   • (xi) To recommend stipends, scholarships, medals and prizes and to make other awards in accordance with the regulations and such other conditions as may be attached to the awards;
   • (xii) To approve or revise lists of prescribed or recommended text books and to publish the same and to approve syllabus and courses of study;
   • (xiii) To approve such forms and registers as are from time to time, required by the Regulations; and
   • (xiv) To perform, in relation to academic matters, all such duties and to do all such acts as may be necessary for the proper carrying out of the provisions of this Act, the Statutes and the Regulations made there under. (4)
   • (i) The Academic Council shall meet as often as may be necessary, but not less than two times during an academic year;
   • (ii) One half of the existing members of the Academic Council shall form the quorum for a meeting of the Academic Council;
   • (iii) In case of difference of opinion among the members, the opinion of the majority shall prevail;
   • (iv) Each member of the Academic Council, including the Chairman of the Academic Council, shall have one vote and if there be an equality of votes on any question to be determined by the Academic Council, the Chairman of the Academic Council, or as the case may be, the member presiding over the meetings, shall in addition, have a casting vote;
   • (v) Every meeting of the Academic Council shall be presided over by the Vice Chancellor and in his absence by a member chosen in the meeting to preside on the occasion;
   • (vi) If urgent action by the Academic Council becomes necessary, the Chairman of the Academic Council may permit the business to be transacted by the circulation of papers to the members of the Academic Council. The decision taken shall not be valid unless agreed to, by a majority of the members of the Academic Council. The decision so taken shall forthwith be intimated to all the members of the Academic Council.

The Board of Planning The Board of Planning.—

1. (1) The Board of Planning shall be the principal body for preparing plans for the growth and development of the University to achieve its objectives.
2. (2) Board of Planning shall be constituted consisting of the following: -
   • (i) The Chancellor;
   • (ii) Minister, Department of Finance, Government of Bihar;
   • (iii) Minister, Department of Education, Government of Bihar;
   • (iv) Minister, Department of Science and Technology, Government of Bihar;
   • (v) The Vice-Chancellor;
   • (vi) Chief Secretary, Government of Bihar;
   • (vii) Additional chief Secretary/ Principal Secretary/Secretary, Department of Finance, Government of Bihar;
   • (viii) Additional chief Secretary/ Principal Secretary/Secretary, Department of Education, Government of Bihar;
   • (ix) Additional chief Secretary/ Principal Secretary/Secretary, Department of Science and Technology, Government of Bihar;
   • (x) Director, Indian Institute of Technology, Patna
   • (xi) Director, National Institute of Technology, Patna
   • (xii) Director, Chandragupta Institute of Management, Patna
   • (xiii) Director, Development Management Institute, Patna
   • (xiv) Two eminent Professors of Science and Technology nominated by the Chancellor;
   • (xv) Nominee of All India council for Technical Education;
   • (xvi) Nominee of University Grant Commission;
   • (xvii) The Registrar of the University.
3. (3) The Planning Board shall meet once in a year and develop plans on the future programmes of the University and recommend the same to the Academic Council and Executive Council.

The Board of Studies The Board of Studies.—The constitution, powers and functions of the Board of Studies shall be prescribed by the Statutes.

The Board of Affiliation.—

1. (1) The Board of Affiliation shall be responsible for affiliating colleges and institutions to the University.
2. (2) The constitution of the Board of Affiliation, the term of office of its members and its functions shall be prescribed by the Statutes.

The Finance Committee.—The constitution, powers and functions of the Finance Committee shall be prescribed by the Statutes.

Other Authorities.—The constitution, powers and functions of the other authorities as may be declared by the Statutes to be the authorities of the University, shall be prescribed by the Statutes.

Powers to make Statutes.—Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:

1. (1) The constitution, powers and functions of the authorities and other bodies of the University, as may be found necessary to be constituted from time to time;
2. (2) The appointment and continuance in office of the members of the said authorities and bodies of the University, the filling up of vacancies of members, and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide;
3. (3) The appointment, powers and duties of the officers of the University, and terms and conditions of their service;
4. (4) The constitution of the pension or the provident fund and the establishment of an insurance scheme for the benefit of the employees of the University;
5. (5) The principles governing the seniority of employees of the University;
6. (6) The procedure for arbitration in cases of dispute between employees or students and the University;
7. (7) The procedure for appeal to the Executive Council by an employee or student against the action of any officer or authority of the University;
8. (8) The extent of the autonomy which a college or an institution declared as an autonomous college or institution may be exercised;
9. (9) The conferment of honorary degrees;
10. (10) The withdrawal of degrees, certificates and other academic distinctions;
11. (11) The institution of fellowships, scholarships, studentship, medals and prizes and other incentives; the delegation of powers vested in the authorities or the officers of the University;
12. (12) All other matters which, by or under this Act, are to be, or may be, provided for by the Statutes.

Statutes, how to be made.—

1. (1) The First Statutes shall be made by the Government on the recommendation of the General Council.
2. (2) The General Council may, from time to time, make new or additional Statutes or may amend or repeal the Statutes referred to in sub-section (1): Provided that the General Council shall not make, amend or repeal any Statute affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing its opinion in writing on the proposed change, and any opinion so expressed shall be considered by the General Council.
3. (3) Every new Statute or addition to the Statutes or any amendment or repeal thereof a Statute shall require the assent of the Chancellor.

Regulations Regulations.—The authorities of the University may make Regulations consistent with this Act, and the Statutes, in the manner prescribed by the Statutes for the conduct of their own business and that of the committees, if any, appointed by them and not provided for by this Act, the Statutes and for such matters as may be prescribed by the Statutes, provided that if there be any financial implication which may arise under the regulation, it shall not be enforceable unless prior approval of the State government has been obtained.

Annual Report.—

1. (1) The annual report of the University shall be prepared under the directions of the Executive Council, which shall include, among other matters, the steps taken by the University towards the fulfillment of its objects and shall be submitted to the General Council on or after such date as may be prescribed by the Statutes and the General Council shall consider it in its annual meeting.
2. (2) The General Council shall submit the Annual Report to the Chancellor along with its comments, if any.
3. (3) A copy of the annual report, as prepared under sub-section (1), shall also be submitted to the Government.

Fund.—

1. (1) The University shall have a general fund to which the following shall be credited:
   • (i) Its income from fees, grants, donations and gifts, if any;
   • (ii) Any contribution or grant made by national/international agencies, the Central Government, University Grants Commission, All India Council for Technical Education. Council of Architecture or like authority, any local authorities or any corporation owned or controlled by the Government and;
   • (iii) Endowments and other receipts.
2. (2) The University may have such other funds as may be prescribed by the Statutes.
3. (3) The funds and all moneys of the University shall be managed in such a manner as may be prescribed by the Statutes.
4. (4) The Government may, every year, provide grant-in-aid to facilitate and promote studies and research and for carrying out the objectives of the University.

Accounts and Audit .—

1. (1) The annual accounts and the balance sheet of the University shall be prepared under the direction of the Executive Council and shall once at least every year, and at intervals of not more than fifteen months, be audited by the Comptroller and Auditor General of India or by such person or such persons as he may authorize on his behalf.
2. (2) A copy of the annual accounts together with the audit report thereon shall be submitted to the General Council and the Chancellor along with the observations, if any, of the Executive Council.
3. (3) Any observation made by the Chancellor on the annual accounts shall be brought to the notice of the General Council and the observations of the General Council, if any, shall, after being considered by the Executive Council, be submitted to the Chancellor.
4. (4) A copy of the annual accounts together with the audit report, as submitted to the Chancellor, shall also be submitted to the Government.

Furnishing of Returns etc.—The University shall furnish to the Government such returns or other information with respect to its property or activities as the Government may, from time to time, require.

Conditions of service of employees.—The condition of the service of the officers and staff of the University shall be as specified by the statutes and regulations.

Constitution of University Review Commission.—

1. (1) Chancellor, on his own motion or on request from the Government, shall at least once in every five years, constitute a commission to review the working of the University and to make recommendations.
2. (2) The commission shall be constituted consisting of not less than three eminent educationists, one of whom shall be the Chairman of such commission appointed by the Chancellor in consultation with the Government.
3. (3) The terms and conditions of the appointment of the members shall be such as the Chancellor may determine.
4. (4) The commission shall after holding such enquiry as it deems fit, make its recommendations to the Chancellor with a copy to the Government.
5. (5) The Chancellor may take such action on the recommendations as he deems fit in consultation with the government.

Right to appeal.—Every employee or student, related to the University, shall notwithstanding anything contained in this Act, have a right to appeal within such time as may be prescribed by the Statutes, to the Chancellor against the decision of any officer or authority of the University, and thereupon the Chancellor may confirm, modify or reverse the decision appealed against.

Provident and pension funds.—The University shall constitute for the benefit of its employee such provident fund or pension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the Statutes in consultation with the Government.

Disputes as to constitution of University authorities and Bodies.—If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final.

Filling of casual vacancies.—All the casual vacancies among the members, other than ex-officio members, of any authority or other body of the University shall be filled, as soon as may be, by the person or body who appoints; elects or co-opts the members whose place has become vacant and any person appointed, elected or co-opted to a casual, vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.

Proceedings of the University authorities or bodies not invalidated by vacancies.—No Act or proceedings of any authority or other body of the University shall be invalidated merely by reason of the existence of any vacancy or vacancies among its members.

Protection of action taken in good faith.—No suit or other legal proceeding shall lie against any officer or other employee or against any authority of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act, the Statutes or the Regulation.

Mode of proof of University record.—Notwithstanding anything contained in the Indian Evidence Act, 1872 or in any other law for the time being in force, a copy of any receipt, application, notice, order, proceedings or resolution of any authority or other body of the University, or any other document in possession of the University, or any entry in any register duly maintained by the University, if certified by the Registrar so designated shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or document or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein, where the original thereof would, if produced, have been admissible in evidence.

Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty; Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act;

Transitory Provisions Transitory Provisions.—Notwithstanding anything contained in this Act, Statutes or the regulations, any student of a college or institution affiliated to other University, who immediately before the date of affiliation to the University, was studying or was eligible for any examination of the other Universities shall be permitted to complete this course in preparation thereof and the University shall provide for such period and in such manner as may be prescribed for the instruction, teaching, training and examination of such students in accordance with the course of studies of the other University.