Prerequisites for certain actions

Jurisdiction of the State Government.—

1. (1) Without prior approval of the State Government, the University shall not,—
   • (a) create new posts of teachers, officers or any other kind of employees;
   • (b) revise the pay, allowances, post-retirement benefits and other benefits of its teachers, officers and other employees;
   • (c) grant any special pay, allowance or other extra remuneration of any description whatsoever, including ex-gratia payment or other benefits having financial implications, to any of its teachers, officers or other employees;
   • (d) divert any earmarked funds received for any purpose other than that for which it was received;
   • (e) transfer by sale or lease of immovable property;
   • (f) incur expenditure on any development work from the funds received from the State Government or University Grants Commission or any person or body for the purposes other than the purposes for which the funds are received;
2. (2) The University shall be competent to incur expenditure, in consonance with the policies and directives of the State Government issued from time to time, from the funds received from,—
   • • various funding agencies without any share or contribution from the State Government;
   • • contributions received from individuals, industries, institutions, organizations or any person whosoever, to further the objectives of the University;
   • • contributions or fees for academic or other services offered by the University for aided and self-supporting academic programmes;
   • • development fund, or any other fund established by the University; for the purposes of,—
   • (i) starting any academic programmes on self-supporting basis;
   • (ii) granting remunerations or incentives to its employees for performing any task assigned to them other than their regular duties and responsibilities;
   • (iii) incurring expenditure on any development work and on welfare activities of its students and employees: Provided that, there is no financial liability, direct or indirect, immediate or in future, on the State Government.
   • (iv) Notwithstanding anything contained in this Act, all matters relating to financial expenditure, drawal and disbursement of State Government funds, treasury operations, accounts and audit of the University shall be governed by the Bihar Financial Rules, the Bihar Treasury Code and the instructions, circulars, guidelines and directions issued by the Finance Department, Government of Bihar, from time to time
3. (3) The State Government may, in accordance with the provisions contained in this Act, for the purpose of securing and maintaining uniform standards in all universities in the State, by notification in the Official Gazette, prescribe a Standard Code providing for the classification, manner and mode of selection, appointment, induction and advance training, field exposure, deputation and reservation of posts as per State Government norms.
4. (4) Qualifications and other purpose of appointment of teaching and non-teaching employees in the universities shall be as may be specified by the Government, by an order published in the Official Gazette.
5. (5) The State Government through any officer not below the rank of Deputy Secretary or equivalent shall have the right to cause inspection of the University or its institution or University department.
6. (6) In case of failure of the University to exercise powers or perform duties specified in section 5, or where the University has not exercised such powers or performed such duties adequately, or where there has been a failure to comply with any order issued by the State Government, or under any other circumstances as the State Government may deem fit, the State Government may issue a directive to the University for proper exercise of such powers or performance of such duties or compliance with the order; and it shall be the duty of the University to comply with such direction. In case the University fails to comply with the directives, the State Government may refer the matter to the Chancellor for taking necessary action under Sub-Section (3) of section 7.