The Bihar State University (Amendment) Act, 2017

Short title and Commencement.—(1) This Act may be called The Bihar State University (Amendment) Act, 2017.

1. (2) It shall come into force at once.

Amendment in Section-2 of Bihar Act, 23, 1976— The main part of section 2

1. (v) of the Bihar State University Act, 1976 (Bihar Act 23, 1976) shall be substituted by the following :- “(v) "Teacher" means person holding the post of only University Professor/Professor, Principal, Associate Professor (Reader) and Assistant Professor (Lecturer) and such sanctioned post in the teacher's grade on the basis of regulations issued by the U.G.C. from time to time.

Amendment in section-15 of the Bihar Act 23, 1976.- sub-section

1. (1) of section 15 of Bihar State University Act, 1976 shall be substituted by the following :- "(1) Notwithstanding any provisions of the Act, If the Chancellor thinks fit, he may request the State Government, Central Government, University Grant Commission or any University to send names of suitable officers including the retired officers of Bihar Administrative Service for the post of Registrar, and in that case State Government, Central Government, University Grant Commission or any University may send the name of one or more officers for consideration for appointment as Registrar under such terms and conditions of service, as he may consider fit, and then the Chancellor shall appoint the Registrar from amongst them."

Saving - Notwithstanding the amendment made in section-2

1. (v) and sub-section

1. (1) of section-15 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 questioned on the ground of amendment. 1. Lkaf{kIr uke ,oa izkjEHkA Short title and Commencement.—(1) This Act may be called The Bihar State University (Amendment) Act, 2017.
2. (2) It shall come into force at once. 2. fcgkj vf/kfu;e 23] 1976 dh /kkjk 57 d esasa la'kks/ku Amendment in Section-57 of Bihar Act, 23, 1976— Part
   • (i) of sub section 2 of section 57 shall be substituted by the following :- “57 (2)(i) Subject to the provisions of this Act and the provisions of the statute made thereunder appointment to the post of officers (other than Vice-Chancellor, Pro-Vice Chancellor, Registrar, Dean of faculty and Principal of Contituent Colleges) of the University shall be made by the University on the recommendation of the Selection Committee consisting of the following members :-
3. (1) The Vice-Chancellor of the University concerned- Chairman.
4. (2) One member to be nominated by the Chancellor.
5. (3) One member to be nominated by the Government.\
6. (4) Three experts not connected with the University to be nominated by the Vice-Chancellor from a panel of not less than ten names approved by the Academic Council for each post, out of which, at least one member should belong to scheduled caste/scheduled tribes and two members shall be from outside of state. The academic Council shall send name of not less than two members belonging to the scheduled caste/scheduled tribes category.
7. (5) The head of the department on the discipline concerned. Provided that, if there is no representation of Woman or extremely backward class (schedule-1) or both in the selection Committee then it may be open to the State Government to nominate additional members from amongst woman or extremely backward class (Schedule-1) or both as the case may be. Provided further that, subject to the provisions of this Act and statutes made thereunder the Bihar State University Service Commission shall, as far as may be , perform, in respect of appointment to the post of Principal, the same functions as are assigned to the Bihar Public Service Commission in respect of the State Services under Article 320 of the Constitution of India." 1. Short title, extent and commencement Short title, extent and commencement.—(1) This Act may be called The Bihar State Universities (Amendment) Act, 2017.
8. (2) It shall extend to the whole of the State of Bihar.
9. (3) It shall come into force with immediate effect. 2. Amendment in Section 57A of the Bihar Act 23, 1976 Amendment in Section 57A of the Bihar Act 23, 1976.- Sub-section
10. (6) of Section 57A of The Bihar Act 23 of 1976 shall be substituted by the following:- “(6) Subject to this Act, The Selection Committee shall complete the scrutiny of the cases of the teacher's appointed without the recommendation of the Bihar College Service Commission prior to 19.04.2007 in the Affiliated Degree Collleges on the basis of the qualifications enforced at time of the appointment of such teachers till 31.03.2018. Otherwise such appointments will not be treated valid. Thereafter the Governing Body of the college will accept the names recommended by the Selection Committee, which shall be finally approved by the concerned University. Distribution of grant amount sanctioned by the State Government till 31.03.2018 shall be made amongst the teachers working in the concerned affiliated degree colleges by its Governing Body.” 1. Short title and Commencement Short title and Commencement.—(1) This Act may be called The Bihar State University (Amendment) Act, 2017.
11. (2) It shall come into force at once. 2. Amendment in Section-10 of Bihar Act, 23, 1976 Amendment in Section-10 of Bihar Act, 23, 1976— The following proviso shall be added after sub-section
12. (6) of section- 10 of the act. “ Provided that the appointments on sanctioned posts of non teaching employees of grade III in the universities/Constituent colleges of state shall be done by the Vice-Chancellor of the university on the recommendation of Commission decided by the State Government through due process. University shall take prior approval of the state government for sending requisition to the concerned Commission for appointment to those posts. 3. Amendment in Section-26 of Bihar Act, 23, 1976 Amendment in Section-26 of Bihar Act, 23, 1976— Part
    • (iv) of sub section 6 of section 26 shall be substituted by the following :- “(iv) The Principal shall hold office for a period of five years in one college. This period shall be extendable for another term of five years on the basis of performance assessment by a committee appointed by the University." 4. Amendment in Section-57 of Bihar Act, 23, 1976 Amendment in Section-57 of Bihar Act, 23, 1976— Part
    • (i) of sub section 2 of section 57 shall be substituted by the following :- “57 (2)(i) Subject to the provisions of this Act and the provisions of the statute made thereunder appointment to the post of officers (other than Vice- Chancellor, Pro-Vice Chancellor, Registrar, Dean of faculty and Principal of Contituent Colleges) of the University shall be made by the University on the recommendation of the Selection Committee consisting of the following members :-
13. (1) The Vice-Chancellor of the University concerned- Chairman.
14. (2) One member to be nominated by the Chancellor.
15. (3) One member to be nominated by the Government.\
16. (4) Three experts not connected with the University to be nominated by the Vice-Chancellor from a panel of not less than ten names approved by the Academic Council for each post, out of which, at least one member should belong to scheduled caste/scheduled tribes and two members shall be from outside of state. The academic Council shall send name of not less than two members belonging to the scheduled caste/scheduled tribes category.
17. (5) The head of the department on the discipline concerned.

Provided that, if there is no representation of Woman or extremely

backward class (schedule-1) or both in the selection Committee then it may be open to the State Government to nominate additional members from amongst woman or extremely backward class (Schedule-1) or both as the case may be. Provided further that, subject to the provisions of this Act and statutes made thereunder the Bihar State University Service Commission shall, as far as may be , perform, in respect of appointment to the post of Principal, the same functions as are assigned to the Bihar Public Service Commission in respect of the State Services under Article 320 of the Constitution of India."

Savings.— Notwithstanding the amendment made in sub-section

1. (6) of section- 10, Part
   • (iv) of sub section 6 of section 26 and Part
   • (i) of sub section 2 of section 57 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 questioned on the ground of amendment.