The Patna University (Amendment) Act, 2013

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बहार बहार बहार बहार गजट गजटगजट गजट असाधारण अंक असाधारण अंकअसाधारण अंक असाधारण अंक बहार सरकार ारा ूकािशत

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Patna University (Amendment) Act, 2013 [Bihar Act 18, 2013] AN ACT to amend Patna University Act, 1976 (Bihar Act 24, 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 University 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 Patna University Act, 1976 in conformity with the provision laid down in the various regulations issued by the University Grants Commission. Hence, it is necessary to amend the Act as per the regulation 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. (1) This Act may be called The Patna University (Amendment) Act, 2013.
2. (2) It shall come into force at once.

In the Patna University Act, 1976 (Bihar Act 24, 1976) (hereinafter refered to as the said Act) in Section-2 clause (za) shall be substituted by the following; namely :- "(za) 'Commission' means Bihar Public Service Commission."

In the said Act section-56 shall be admended as follows; namely :-

1. (a) before the existing clause (i) including heading following new sub section

1. (1) shall be inserted; namely :- "56 Appointment to the post of teachers in University and their constituent Colleges:—(1)(i) Subject to the provision mentioned in this Act and Statutes as बहार गजट (असाधारण), 14 अगः त 2013 far as possible the Commission shall perform the same function in respect of the appointments to the sanctioned posts of the teachers of University 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 organise an eligibility test to be called "State Eligibility Test" for appointment to the posts of Teacher (Assistant Professor) in the University and Constituent Colleges under them. In this behalf, Commission shall invite subjectwise application only from such candidates who have obtained the qualification prescribed in 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 confermity with the Regulations made by the University Grants Commission.
   • (iii) Every year the Commission shall invite subject wise applications for appointment to the posts for Teacher (Assistant Professor) in the University 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 qualification 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 subjectwise vacancies including the presumed vacancies of the next calendar year alongwith the reservation roster shall be forwarded to the Commission by the University upto thirty first December every year.
   • (v) The University shall make appointments to the posts of Teachers, 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 candidates 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 the provision of this Act, Statute, the reservation policy prevalent in the Bihar State shall be applicable to all the appointments.
   • (vii) All the proceedings 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 finalised on the last day of the interview of that subject. बहार गजट (असाधारण), 14 अगः त 2013
   • (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 Unversity shall make appointments as per the recommendation 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 teachers of the University and Constituent College, the University shall take action in consulation with the Commission in prescribed manner.
   • (x) The Board for selection of candidated for appointments to the posts of teacher 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 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) a bracket and number as sub section "(2)" shall be added and the word "teachers" wherever occured in this sub-section shall be substituted by the word "Principal".

In the said Act section 57 shall be substituted by following nemely :- "57. Procedure of selection to be prescribed by the Statute:— Notwithstanding any thing contained in any provision of this Act, Statute or any other laws for the time being in force, the Selection Committee constituted under section 56(2) shall be bound by the procedure of selection prescribed under this Act."

Notwithstanding the subsitution of section 56(1) and 56(2) of this Act, anything done or decision and action taken prior to it shall be deemed to have been validly done or taken and shall not be questioned on the ground of the subsitutuion or deletion.

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————— अधी+क, सिचवालय मुिणालय,

बहार, पटना ारा ूकािशत एवं मु1ित।

बहार गजट (असाधारण) 659-571+400-ड 0ट 0पी0। Website: http://egazette.bih.nic.in