The Jharkhand Combined Entrance Competitive Examination Board Act
The Jharkhand Combined Entrance Competitive Examination Board Act
1. Short title, extent and commencement
(1) This Act may be called the Bihar Combined Entrance Competitive Examination Act, 1995. (2) It shall come into force from such date as the State Government may, by notification in the Bihar Gazette, appoint. (3) It shall extend to the whole of the State of Bihar.
2. Definitions
In this Act, unless the context otherwise requires,— (k) "Act" means the Bihar Combined Entrance Competitive Examination Act, 1995; (kh) "Department" means the department specified in the First Schedule of the Bihar Rules of Executive Business, 1979; (g) "Professional Course" means undergraduate degree level course in Engineering, Medical Science, Dental Science, Pharmacy, Veterinary Science, Agricultural Science, Fisheries, Dairy, Forestry and also includes any other course of similar nature; (gh) "University, College and Institution" means the University, College and Institution run and financed by the State Government; (d) "Board" means the Bihar Combined Entrance Competitive Examination Board constituted under the Act; (ch) "Chairman" means the Chairman of the Bihar Combined Entrance Competitive Examination Board constituted under the Act; (chh) "Controller of Examination" means the Controller of Examination appointed under the Act; (j) "Merit List" means the merit list prepared under the Act; (jh) "Admission" means admission to professional courses of Universities, Colleges and Institutions on the basis of merit-cum-choice from the merit list.
3. Admission to Professional Courses
(1) Notwithstanding anything to the contrary contained in any judgment, decree, order of any court or any other Act, rules or circular, the admission to the first year of degree level courses of Engineering, Medical Science, Dental Science, Pharmacy, Agricultural Science, Veterinary Science, Fisheries, Dairy, Forestry and other courses of similar nature shall be conducted on the basis of the Combined Entrance Competitive Examination. (2) For admission to Universities, Colleges and Institutions within the State and outside the State where nomination is required from the State Government, such nomination shall be made on the basis of the Combined Entrance Competitive Examination.
4. The Board
The Bihar Combined Entrance Competitive Examination Board shall be a body corporate which shall have a perpetual succession and a common seal and it shall have the right to acquire the movable and immovable properties and may sue and be sued in its name.
5. Constitution of Combined Entrance Competitive Examination Board
The State Government shall constitution the Combined Entrance Competitive Examination Board from time to time in the following manner:- (i) Member , Board of Revenue, Bihar - Chairman. (ii) Maximum two officers of the rank of Commissioner and Secretary to be nominated by the State Government in Hindi alphabetical order from amongst Health, Medical Education and Family Welfare Department, Agriculture Department, Science and Technology Department, Animal Husbandry and Fisheries Department and Forestry and Environment Department - Member. (iii) Maximum two State level Head of the Department to be nominated by the State Government in Hindi alphabetical order from amongst Health , Medical Education Family Welfare Department, Agriculture Department, Animal Husbandry and Fisheries Department and Forest and Environment Department -Member . (iv) A Principal to be nominated by the State Government in Hindi alphabetical order from the Medical Colleges - Member. (v) A Principal to be nominated by the State Government in Hindi alphabetical order from the Government Engineering Colleges - Member. (vi) A Principal/ Director to be nominated by the State Government in Hindi alphabetical order from the Principals of Colleges of Agriculture , Fisheries, Veterinary and Animal Husbandry, Agricultural Engineering and Forestry and the Director of the Institute of Sanjay Gandhi Dairy Technology - Member. (vii) Director, Department of Science & Technology - Member Secretary
6. Powers and duties of the Board
The following shall be the powers and duties of the Board; (i) To conduct the Bihar Combined Entrance Competitive Examination; (ii) To take necessary decisions for the implementations of the provision of the Act; (iii) To make regulation, with the prior permission of the State Government for the implementation of the provisions of the Act; (iv) To make appointments and deputation of officer and employees in the Board; (v) To perform all functions relating to the fund, account and audit of the board; (vi) To fix the sale price of the prospectus and application from and determination of the Examination fees; (vii) To prescribe Courses of studies for the examination; (viii) Works relating to coding and decoding of Answer Books; (ix) To issue guidelines to the Controller of Examinations for the implementation of the provision of the Act and to have General Supervision and Control over his work.
7. Appointment of Controller of Examination
(1) The State Government shall appoint an Officer of Indian Administrative Service in the Senior pay scale or higher pay scale as the Controller of Examination for the Combined Entrance Competitive Examination. (2) The Tenure of the Controller of Examination shall be normally of one year minimum.
8. Functions of the Controller of Examination
The functions of the Controller of Examination shall be as follows: (a) Selection of question papers and printing of question papers and answer booklets; (b) Selection of examination centres; (c) Clean conduct of the examination; (d) Sending and bringing back of question papers/answer booklets to/from examination centres, coding and decoding; (e) Evaluation of answer booklets; (f) Declaration of results; (g) Sending recommendations to Universities, Colleges and Institutions for admission; (h) Safe custody of answer booklets; (i) Functions relating to approval and payment of expenses necessary for the execution of functions mentioned in (a), (b), (c), (d), (e), (f), (g) and (h).
9. Information of Seats
Information regarding seats available for admission through the Combined Entrance Competitive Examination in various faculties and subjects in the Universities, Colleges and Institutions shall be obtained every year by the Controller of Examination.
10. Merit List
The Controller of Examination shall prepare the merit list of the candidates in the prescribed manner, following the reservation rules applicable in the State.
11. Admission
Admission in different faculties and subjects of vocational course shall be taken from the merit list on the basis of merit- cum- option.
12. Medical Examination of the Candidates
(1) The Board may, as it thinks proper, require the Medical Examination of candidates from merit list to be done in the prescribed manner or require for the production of medical certificate of such candidates from the authorised practitioner. (2) The Controller of Examination shall recommend for admission of the candidates found fit in the medical test.
13. Fund and Accounts
(1) The Bihar Combined Entrance Competitive Examination Board shall have a fund in which the following amounts shall be deposited: (i) Amount received from the sale of prospectus, application forms and other materials; (ii) Amount received from various fees; (iii) Grants received from time to time from the State Government, Central Government and other sources; (iv) Other receipts. (2) The Board shall keep its fund in any nationalized or co-operative bank. (3) The Board shall provide such statements, accounts, reports and other details to the State Government as the State Government may require. (4) The Board may accept grants, donations and gifts from the Central Government, any State Government or legal body for the fulfillment of its objectives. (5) The residual funds of the examinations previously conducted by the Health, Medical Education and Family Welfare Department, Animal and Fisheries Resources Department, and Science and Technology Department of the State Government shall stand transferred to the Bihar Combined Entrance Competitive Examination Board from the date of the Act coming into effect.
14. Audit of Accounts
(1) Every year the Board shall cause its fund, Income expenditure and Accounts audited by the Accountant- General , Bihar or Auditors of the State Government or any Chartered Accountant. (2) The Board shall pay the cost of audit from its own fund. (3) The State Government, as it may deemed fit, cause the funds, Income Expenditure and Accounts of the Board to be audited by the Accountant- General, Bihar or any other agency.
15. Accounts Officer
(1) There shall be an Accounts Officer of the Board, whose appointment shall be made by the Board with the prior approval of the State Government. (2) The Accounts Officer shall be responsible for preparing the budget of the Board and for maintenance of accounts. (3) The Accounts Officer shall make payment of all amounts approved by the Controller of Examination under Section 8 of the Act.
16. Safe Custody of Answer Books
The answer books of the Combined Entrance Competitive Examinations shall be kept in safe custody for a period of one year from the date of the declaration of the result: Provided that if a case relating the Examination is pending in a court, the answer book of the said Examination shall be kept in safe custody till the disposal of the case.
17. Delegation of Powers
The Board may delegate any of its powers, conferred under the Act to any officer of the Board or authority subject to such terms and conditions as it may deem fit.
18. Power to make rules
The State Government may make rules by issuing notification in the Official Gazette to implement the provisions of this Act.
19. Removal of Difficulties
For the removal of any difficulty arising in the implementation of the provisions of this Act the State Government may pass such orders as are not inconsistent with the provisions of this Act.
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