LexThe JHARKHAND STATE UNIVERSITY ACT 2000, Adapted and Amendment upto 2019
Jharkhand · state statute
Open in Lexace · Ask the AI about this actTHE JHARKHAND STATE UNIVERSITY ACT,
2000 (ADAPTED)
[As Amended by Act 6, 2003]1
AN ACT
To establish and incorporate Affiliating-cum-Teaching Universities at
Muzaffarpur, Bhagalpur, Ranchi, Gaya (Bodhgaya) and
Darbhanga in the State of Bihar.
Be it enact ed by the Legislature of the State of Bihar in the twenty -
seventh year of the Republic of India as follows:-
[Comments.-This Act has undergone various changes from time to time. While
some amendments have been brought by the Act of Legislature, many amendments were
introduced through Ordinances and continued for a long period, before being given the shape
of an Act of Legislature. Reference may be made to Amending Acts 68 of 1982, 3 of 1990, 9
of 1992, 17 of 1993, 12 of 1995, 16 of 1996, 8 of 1998 & 14 of 1998, while some of the
Amending Acts were in both, Hindi and English languages, some of them were published only
in Hindi, since some of the Ordinances preceding such Acts as were publ ished only in Hindi.
Where having both the texts Hindi and English, by comparing the Hindi text of the A ct with
the Hindi text of the Ordinance English text could be extracted, where the two Hindi texts
tallied exactly or involved minor translation. But where the two texts did not tally, Hindi
version of the amendment has been incorporated.]
1. Short title and commencement - (i) This Act may be called the Jharkhand
State Universities Act, 2000 (adapted)
(ii) It shall come into force at once.
(iii) In shall extend to the whole of the State of Jharkhand.
2. Definitions:- In t his Act, unless there is anything repugnant
in the subject or context:-
(a) “annual meeting' means one of the meetings of the Senate to
be held every year under sub -section (1) of section 18 and
declared by the statutes to be the annual meeting of the
Senate;
(b) “autonomous institution ' means any institution declared as
such under this Act and includes a College also;
(c) “affiliated College ' means educational institution having
received privileges of the University according to the
provisions of this Act and University Statutes relating thereto;
(d) “Academic Council ' means the Academic Council of the
University;
(e) “Chancellor' means the Chancellor of the University;
(f) “College' means an institution maintained or controlled by the
University or mai ntained by the State Government in which
instruction is given subject to the provisions contained in
clause (16) of section 4 to the students of the University up to or
below the post graduate standard under conditions prescribed in the
Statutes:]
3[Provided that till separate arrangement is made for
Intermediate
1. Published in Jharkhand Gazette (Ext. Ord.) dated 6.5.2003.
2. Subs. by Act 3 of 1990.
3. Subs. by Act 68 of 1982.
4. Section 1(1)(iii) ins. by Jharkhand Act 6, 2003.
Education, teaching of this standard also shall continue to be imparted
in the same College, under the general direction of the Intermediate
Education Council and that College shall be deemed to be an
institution imparting education of Intermediate standard also.]
(g) “Head of C ollege Department ' means the head of any department of
the College;
(h) “Head of a University Department ' means the head of any department
maintained by the University for imparting instruction to the students
of the University in the post -graduate standar d under conditions
prescribed in the Statutes and includes the Director of any institute
maintained by the University 1[or the Government] for the promotion
of research or for imparting instruction to the students of the
University in the post-graduate standard;
(i) “Constituent College ' means a teaching institution maintained or
controlled by the University;
(j) “Hostel' means a place of residence for students of the University
maintained or recognized by the University either as part of or
separate from a College, in accordance with the provisions of this Act;
(k) Institution' means an institution maintained or recognized by the
University;
(l) “Prescribed' means prescribed by this Act or by the Statutes, the
Ordinance, the Regulations or the Rules framed thereunder;
(m) “Principal' means the head of a College.
(n) “Pro-Vice-Chancellor' means the Pro -Vice-Chancellor of the
University;
(o) “Professor' means a teacher of a College possessing such qualification
as may be prescribed by the Statutes;
(p) 2[xxxxx]
(q) “Registered graduate ' means a graduate of the University who has
received a degree from the University and whose name has been
entered in the register of registered graduates maintained under the
provisions of this Act on payment of a registration f ee of rupees ten
to the University. It also includes a graduate of the Patna University
established and incorporated under the Patna University Act, 1917
(Bihar Act XVI of 1917) who has made a proper application together
with a fee of rupees ten for being registered as a registered graduate of
the University.
Provided that a person, who was or was deemed to be a
registered graduate under the Bihar State Universities (Bihar,
Bhagalpur and Ranchi University) Act, 1960 (Bihar Act XIV of
1960), the Magadh Univ ersity Act, 1961 (Bihar Act IV of 1962) or
the Lalit Narayan Mithila University (second) Ordinance, 1976 (Bihar
Ordinance No. LXXXVII of 1976), shall be deemed to be a registered
graduate of the University subject to the condition that the College
from whi ch he graduated falls within the jurisdiction of the
University.
______________________________
1. Ins. by Act 68 of 1982.
2. Deleted by Act 17 of 1993.
Explanation -- A person, who has received more than one degree of the
University, shall not be required to pay such registration fee more than once.
(r) “Reader' means a teacher of a College or the University possessing
such qualifications as may be prescribed by the Statutes;
(s) “Lecturer' means a teacher of a College or University possessing such
qualification as may be prescribed by the Statutes;
(t) “Senate' means the Senate of the University;
(u) “Statutes' Ordinances', “Regulations ' and Rules means respectively
the Statutes, the Ordinances, the Regulations and the Rules of the
University for the time being in force;
(v) “Teacher' includes Principal, University Professor, College Professor,
Reader, Lecturer, Demonstrator and other person imparting
instruction in department, college or institute maintained by the
University;
(w) “University Professor' means a teacher engaged in giving instruction
in any department or institute maintained by the University for
imparting instruction to the students of the University in the post
graduate standard or for guiding research work or both and possessing
such qualifications as may be prescribed by the Statutes;
(x) “Syndicate' means the Syndicate of the University;
(y) “University' means the University established and incorporated under
section-3 of this Act;
(z) “University Fund' means the fund of the Univers ity established under
section 45 of this Act;
(aa) “Vice-Chancellor' means the Vice-Chancellor of the University;
(ab) “Acharya' means a person on whom a degree of Acharya has been
conferred by the University, and includes a person possessing any
such degr ee conferred by the Bihar Sanskrit Association or any
equivalent degree recognized by the University;
(ac) “Bihar Sanskrit Association ' means the Sanskrit Association
constituted by the State Government as referred to in Chapter -8 of the
Bihar Education Code (Seventh Edition);
(ad) “Sanskrit Education Board ' means the Board constituted by the State
Government for control and supervision of 1[Sanskrit Schools/Tol] for
conducting examinations 1(upto Madhyama standard];
(ae) “Director' means head of any institute;
(af) “Faculty' means a faculty of the University;
(ag) “Recognition' with all its grammatical variations, and cognate
expressions means recognition according to the provisions of this Act
and Statutes;
(ah) “Registered Acharya' means a person register ed as such according to
provision of this Act and Statutes and includes an Acharya registered
as such under the Kameshwar Singh, Darbhanga Sanskrit University
Act, 1962 (Bihar Act 21 of 1965);
(ai) “University student ' means a person enrolled in an y College,
institute or recognized institute for the purpose of entry in any
course
______________________________________
1. Ins. by Act 68 of 1982.
of study for acquiring any degree, diploma or other academic
destruction.;
(aj) “Tol' means a Sanskrit institute recognized by the Bihar Sanskrit
Association or the University for imparting instruction of Madhyama,
Shastri or Acharya standard;
1(ak) “The Jharkhand Public Service Commission ' means the Jharkhand
Public Service Commission consti tuted by the State Government for
discharging functions as contained in Article 320 of the Constitution
of India and entrusted with the powers for making recommendations,
etc. of teachers and officers of Universities and Colleges (Constituent
and affiliated)'
(al) “Dean of Students Welfare ' means the officer appointed under section
16 of this Act;
2(am) “Other equivalent post ' means any other post the scale of pay of
which is equivalent or as may be declared so by the State
Government;
3(an) “Other Backward Classes' shall have reference to Extremely
Backward, Backward Classes and Women of Backward Classes.
Legislative changes (after 1982)-Clauses (f) of this section originally read as
follows:-
"2.(f) 'Mahavidyalaya or College' means an institution affiliated under the
privileges of this Act or maintained or controlled by the University or institution
maintained by the State Government, in which, instruction is given, subject to the
provisions contained in clause (16) of Section 4 to the students of the U niversity of
graduate standard under conditions prescribed in the Statutes.
Provided that till separate arrangement is made for Intermediate Education,
teaching of
this standard also shall continue to be imparted in the same College, under the general
direction of the Intermediate Education Council and that college shall be deemed to be an
institution imparting education of Intermediate standard also.'
It was first amended by Ordinance 35 of 1986 which was continued by successive
promulgations of different Ordinances and finally by Act 3 of 1990.
All the above amendments have not carried with it the "Proviso" which was
attached with the original clause (f). However since separate arrangement for imparting
teaching up to Intermediate Standard has not been fu lly made till now, therefore 1t seems
that "Proviso" needs to be there with clause(f).
Clause (p) was deleted by Act 17 of 1993 although Act 17 of 1993 broke the chain
of preceding Ordinances the deletion of this clause was first taken up in Act 17 of 1993
and none of the preceding Ordinances contained its deletion. Therefore the effective date
of deletion of this clause is the date of Act 17 of 1993.
Clause (ak) as originally introduced and prior to its substitution by Ordinance 4 of
1985 and finally by Act 3 of 1990 read as follows:-
(ak) “College Service Commission ' means the College Service Commission
constituted under the College Service Commission Act 1976.'
Clause (an) was inserted by Act 17 of 1993, so the effective date from which
clause (an) came into existence is the date when Act 17 of 1993 came in to force.
3. Establishment and incorporation of Universities:- 4[(1) The following Universities
shall be established from the date of commencement of this Act:
(a) Baba Saheb Bhimrao Ambedkar Bihar University having the head quarters
at Muzaffarpur and the jurisdiction over the whole of the Tirhut Division.
_____________________________________
1. Subs. by Jharkhand Act 6 of 2003.
2. Ins. by Act 68 of 1982.
3. Ins. by Act 17 of 1993.
4. Subs. by Act 9 of 1992.
(b) Jai Prakash University having the headquarter at Chapra and the
jurisdiction over the whole of the Saran Division.
(c) Tllka Manjhi Bhagalpur University having the headquarters at
Bhagalpur and the jurisdiction over the whole of the Bhagalpur
Division.
(d) 1[Sido-Kanhu Murmu] University having the headquarters at Dumka
and the jurisdiction over the whole of the Dumka Division.
(e) Ranchi University having the headquarters at Ranchi and the juris -
diction over the whole of the South Chhotanagpur Division.
(f) Vinoba Bhave University having the headquarters at Hazaribagh and
the jurisdiction over the whole of the North Chhotanagpur Division.
2[Provided that the territorial jurisdiction shall extend to the whole of State
of Jharkhand in matters p ertaining to educational institutions imparting teaching in
Homeopathy, Indigenous medicines and educational institutions imparting aca -
demic distinction in Sanskrit, Pali, Prakrit and such other languages which the
University may consider necessary.
(g) Magadh University with headquarters at Bodhgaya (Gaya) and the
jurisdiction over the whoie of the Magadh Division and (excluding
the Colleges falling under the jurisdiction of Patna University) Patna
and over Nalanda District of Patna Division.
(h) Vir Kunw ar Singh University having the headquarters at Anah and
the jurisdiction over the remaining parts of the Patna Division
excluding Patna and Nalanda Districts.
(i) Lalit Narain Mithila University having the headquarters at Darbhanga
and the jurisdiction over the whole of the Darbhanga Division.
(j) Bhupendra Narain Mandal University having the headquarters at
Madhepura and the jurisdiction over the whole of the Koshi and
Purnea Divisions.
(k) Kameshwar Singh Darbhanga Sanskrit University having the head -
quarters at Darbhanga and the jurisdiction over the whole of the State
of Bihar.
(l) Maulana Mazharul Haque Arabic and Persian University having the
headquarters at Patna and the jurisdiction over the whole of the State
of Bihar, shall, for development of h igher standard studies in Arabic
and Persian be established by the State Government with effect from
the date of notification in the Official Gazette :
Provided that the State Government may, by notification, in
the Official Gazette, determine the funct ions and other duties of this
University: Provided further that the State Government may, by
notification, in the Official Gazette, change the territorial jurisdiction
of the Universities.]
(2) The first Chancellor or the first Vice -Chancellor, first mem ber of the
Senate, the Syndicate and the Academic Council and all persons who
may hereafter becomes such officers or members and so long as they
continue to hold such office or membership shall together constitute
body corporate by the name of the University specified in sub-section
________________________________
1. Subs. by Jharkhand Act 6 of 2003.
2. “Proviso' added by ibid.
(3) The University shall have perpetual succession and a common seal and
shall sue and be sued by the said name.
(4) No ed ucational institution beyond the territorial jurisdiction of the
University, shall, except by an order of the State Government published in the
official gazette, form a part of or be admitted to the privileges of the University.
And no such institution wit hin the said territorial jurisdiction shall similarly form
part of or be recognized by or seek admission to any privileges of any other
University incorporated by law in India, and any such recognition granted by any
such other University to any such insti tution within the said territorial jurisdiction
prior to the commencement of this Act shall be deemed to have been withdrawn on
the commencement of this Act.
1 ["Provided that on matters of imparting distant education, there shall be no
limit to the territorial jurisdiction of the University".
[
[
]
____________________________________
1. “Proviso' added by Jharkhand Act 6 of 2003.
2. Published in Bihar Gazette (Ext. Ord.) dated 12.9.1996.
3. Published in Bihar Gazette (Ext. Ord.) dated 17.8.1992.
Legislative changes (after 1982) -Thi s section originally read as follows:-
"3. Establishment and incorporation of Universities :- (1) With effect from the
commencement of this Act ,there shall be established the following Universities, namely:-
(a) the Bihar University with head-quarters at Muzaffarpur and territorial
jurisdiction over the whole of the Tirhut and Saran Division;
(b) the Bhagalpur University with head-quarters at Bhagalpur territorial
jurisdiction over the whole of the Bhagalpur Division;
(c) the Ranchi University with headquarters at Ranchi and territorial
jurisdiction over the whole of the North and South Chhotanagpur
Divisions;
(d) the Magadh University with headquarters at Both Gaya.(Gaya) and
territorial jurisdiction over the whole of Patna and Magadh Divisions
excluding the Colleges falling within the territorial jurisdiction of the
Patna University as defined in section 4 of the Patna University Act,
1976.
(e) the Lalit Narain Mithila University with headquarters at Darbhanga and
territorial jurisdiction over the whole of the Darbhanga and Kosi
Divisions;
(f) the Kameshwer Singh Darbhanga Sanskrit University with
headquarters at Darbhanga and territorial jurisdiction over the whole of
the State of Bihar:
Provided that the State Government may, by notification in the official gazette, alter the
territorial jurisdiction of the University.
(2) The first Chancellor or the first Vice-Chancellor, first member of the Senate,
the Syndicate and academic Council and all persons who may hereafter become
such officers or members and so long as they continue to hold such office of
membership shall together, constitute a body corporate by the name of the
University specified in sub-section (1),
.
(3) The University shall have perpetual succession and a common seal and shall sue
and be sued by the said name.
(4) No educational institution beyond the territorial jurisdiction of the University,
shall, except by an order of the State Government published in the official
gazette, form a part of or be admitted to the privileges of the University. And
no such institution within the said territorial jurisdiction shall similarly form
part of or be recognised by or seek admission to any privileges of any other
University incorporated by law in India, and any such recognition granted by
any such other University to any such institution within the said territorial
jurisdiction prior to the commencement of this Act shall be deemed to have
been withdrawn on the commencement of this Act."
By Act 3 of 1990 this section was again substituted as follows :
3. Establishment and Incorporation of Universities.-
(2) The first Chancellor or the first Vice -Chancellor, first member of the Senate, the
Syndicate and the Academic Council and all persons who may hereafter become
such officers or members and so long as they continue to hold such office or
membership shall together constitute a body corporate by the name of the
University specified in sub -section (1).
(3) The University shall have perp etual succession and a common seal and shall sue and
be sued by the said name.
(4) No educational institution beyond the territorial jurisdiction of the University, shall, except
by an order of the State Government published in the official gazette, form a part of or
be admitted to the privileges of the University. And no such institution within the
said territorial jurisdiction shall similarly form part of or be recognised by or seek
admission to any privileges of any other University incorporated by law in India, and
any such recognition granted by any such other University to any such institution
within the said territorial jurisdiction prior to the commencem ent of this Act shall be
deemed to have been withdrawn on the commencement of this Act."
However, it may be noticed that while all the sections of Amendment Act 3 of
1990 were introduced from 3.1.1990 its section 3 was to come into force from a date
to be notified. This section was again substituted by Act 9 of 1992.
4. Purposes and powers of the University .—(1) There shall be the fol lowing
purposes and powers of the University :-
1. (a) to provide for imparting instruction in such branches of learning as
the University may think fit including professional studies and technology
excluding Agriculture and Veterinary Science; and
(b) to provide for research and for the advancement and dissemination of
knowledge.
2. To conduct examinations and to grant and confer degrees, diploma, cer tificate and
other academic distinctions to and upon persons who-
(a) have pursued an approved 6ourro of study in the University and passed the
examination of the University, under the conditions, laid down in the
Statutes, the Ordinances or the Regulation ;
(b) are teachers, libraria ns and laboratory assistants in educational institutions
or any other persons under such conditions as may be prescribed in the?
Statutes, the Ordinances and the Regulations and have passed the
examination of the University under like conditions; or
(c) have carrier on independent research under conditions laid down in the
Statuses, the Ordinances or the Regulations :
_________________________________
1. Word “Excluding Agriculture and Veterinary Science ' ins. by Jharkhand Act 6,
2003.
1[ Provided that for the said purpose it shall be lawful for the State Government to get the
syllabus prescribed, teaching done, examinations conducted and results published upto
Prathama and Madhyama standard under the Sanskrit Education Board with effect from
the date of notification in the Gazette.]
(3) to confer honorary degrees or o1her distinctions upon person approve in the
manner prescribed in the Statutes ; .
(4) to provide such lectures and instructions for, and to grant such diplomas to,
persons not being members of the University,as the University may determine;
(5) to inspect all colleges, University departments and hostels ;
(6) to co-operate with other Universities and authorities in such manner and for
such purposes as the University may determine ;
(7) to instit ute Professorships, Readerships, Lecturerships and any other teaching
posts required by the University 2[with the prior approval of the State
Government] and to appoint qualified persons to such posts of Professor, Reader,
Lecturer and teacher ;
(8) to recognise teachers as qualified to give instruction in Colleges ;
(9) to institute and award fellowships including travelling fellowships, scholarships,
exhibition, medals and prizes in accordance with the Statutes, the Ordinances and t
he Regulations ; .
(10) to establish, maintain and manage Colleges and hostels and to recognise Colleges
and hostels not maintained by the University ;
(11) to demand and receive fees under the Ordinances ;
(12) to supervise and control the residence · and discipline of students of Colleges
and the University ;· .
(13) to make arrangement for promoting t he health and general welfare of students
and for that purpose to have powers to appoint and constitute such
committees as may be prescribed in the Ordinances ;
(14) to enter into agreement with other bodies and persons for promoting the
purposes of this Act and to assume the management of any institution under
them and to take over its assets and 1iabilities ;
Provided that before entering into such an agreement the University shall obtain
the sanction of the State Government, or shall do so upon receiving such a
proposal from the State Government : ·
Provided further that if at any time any irregularity is found in determination and
payment of any pay, special pay or allowances, or in any appointment in an
institution taken over by the University in its management under such an
agreement, then, notwithstanding anything to the contrary contained in this
Act, the University shall have the powers to take decisions after reviewing it
and such a decision shall be final and binding ;
(15) T o hold and manage, subject to conditions and restrictions prescribed by the
Statutes, endowment bequest, gift or any other transfer of property made
to a College for 1ts benefit just before the commencement of this Act or to get it
held and managed by such agencies, which were managing the said endowment
be quest, gift or other trust property just before the commencement of this Act·
____________________________
1. Ins. by Act 68 of 1982.
2. Ins. by Jharkhand Act 6 of 2003.
(16) to undertake the conduct of post -graduate teaching, research and work in
departments maintained by the University or the State Government :
(17) It shall be necessary for the University to arrange and provide for post-graduate
teaching in any College at any time and to utilize for the said purposes, the
buildings of that College or any portion thereof, and such members o f the staff
and the articles of furniture, library, books, stores, instruments and other
equipments of that College as may be prescribed;
(18) To centralize the conduct of undergraduate teaching in any subject or subjects with
a particular standard and where the University decides to centralize the conduct of
such undergraduate teaching, it shall be lawful for the University to arrange and
provide for centralized delivery of lectures in such subject or subjects and to utilize
the buildings, staff memb er, furniture, libraries, books, laboratories, stores,
instruments and other equipments of one or more College as may be prescribed for
that purpose;
(19) To affiliate or disaffiliate Colleges according to Statutes subject to prior approval
of the State Government;
1[Provided that after the promulgation of Intermediate Education Council
Ordinance, 1979, recognition to Intermediate College shall be granted by the
Intermediate Education Council.]
(20) to declare, subject to condition as may be prescri bed in the Statutes, the existing
Colleges or Institutes as autonomous College or institute, as the case may be;
(21) to have power as may be prescribed to constitute or dissolve the administrative
body of an affiliated College of the University which is not a Government College;
(22) to do all such other acts and things, whether incidental to the powers
aforesaid or not, as may be requisite in order to further the objects of the
University as teaching and examining body, and to cultivate and promote a rts,
science and other branches of learning.
(2) 2[x x x ]
5. University open to all classes, castes and creeds.- No person shall
be excluded from membership of any of the authorities of the University
or from admission to any degree or course .of study on the sole ground
of sex, race, descent, class, caste or political belief. It shall not be lawful
for the University to adopt or impose on any person any test whatsoever
relating to religious or political belief or profession, in order to entitle him
to be admitted thereto as a teacher or student, or to hold any office or
appointment therein, or to graduate thereat or to enjoy or exercise any
privilege thereof, except where in respect of any particular benefaction
accepted by the University, such test is made a condition thereof by any
testamentary or other instrument creating such benefaction :
Provided that nothing contained in this section shall restrain the
University from reserving posts and appointments in favour of 1[scheduled
castes, schedule tribes, backward classes, women and economically weaker
sections.]
Legislative changes-By Act 68 of 1982 for the words "Scheduled Castes & & Scheduled Tribes', word
“Scheduled Castes, Scheduled Tribes, Backward Classes, Women and Economically weaker Sections' were substituted.
________________________________________________
1. Ins. by Act 68 of 1982.
2. Section 4(2) omitted by Jharkhand Act, 6 ,2003.
6. Teaching of the University.-(1) All recognized teaching in connection with
University courses shall be conducted through the Colleges and through
departments maintained by the University, subject to general control of the
Vice- Chancellor, and shall include lecturing, work in laboratories or
workshops, and other teaching work conducted in the University and the
College by the University Professors, Readers, Lecturers arid other teachers
in accordance with any syllabus prescribed by the Regulations.
1 [Provided that the university may also impart distant education
programme in accordance with the syllabi prescribed by regulation"
(2) The authorities responsible for organising such teaching shall
be prescribed by the Statutes.
(3) The courses and curricula shall be prescribed by the
Regulations.
(4) In addition to recognised teaching, tutorial and other supplementary
instruction shall be given in the colleges subject to the control of the
University or in the department maintained by the University.
(5) (i) It shall not be lawful for the University or for any College to
maintain classes for the purposes of preparing students for admission to
the University.
2(ii) In the Faculties of Arts, Science and Commerce, the University
shall prescribe the syllabus, conduct teaching, hold examinations and
publish results of graduate and above standards :
Provided that until separate arrangement for Intermediate
Education is made, the college shall under the general direction of the
Bihar Intermediate Education Council continue the teaching work etc.,
of this standard.
(iii) The graduate course shall be of three years' duration.]
(6) 3(x x x x)
Legislative changes (after 1982) - Clauses II and III of sub -section 5 of this section are the only
provisions which has undergone changes in this section. Clauses II & III originally read as
follows:-
Clause II- “In the faculties of Arts, Science and Commerce, the University shall
prescribe the syllabus, conduct teaching, hold examinations and publish
results upto Intermediate Standard till the Intermediate Education Council is
established and notification in that respect is published in the official
Gazette.
Provided that until separate arrangement is made for Intermediate
Education the college shall continue the teaching work etc. of this standard
as before, under the general directi on of the Intermediate Education
Council.'
Clause III- “The graduate course shall be of two year’s duration at the end of which
there shall be a public examination.'
Clause III- was substituted by Ordinance, 14 of 1993 as follows:-
“(iii) The graduate cour se shall be of three years duration. The Courses of
studies and the conduct examination shall be in accordance with statutes,
rules and regulations made in this regard from time to time.'
Act 17 of 1993 which repealed Ordinance 14 of 1993 substituted
clause II and retained clause III (as substituted by Ordinance 14 of 1993)
with some changes.
Sub-section 6 of section 6 deleted by Act 68 of 1982.
____________________________________________________
1. “Proviso' ins. by Jharkhand Act 6 of 2003
2. Subs. by Act 17 of 1993.
3. Omitted by ibid.
4. Subs. by Act 68 of 1982.
4[7. Officers of the University ,—The following shall be the officers of the
University:-
(1) The Chancellor,
(2) The Vice-Chancellor,
(3) The Pro Vice-Chancellor,
(4) The Financial Adviser,
(5) The Dean, Students' Welfare,
(6) Proctor,
(7) Registrar,
(8) Inspector of Colleges,
(9) Finance Officer, and
(10) Such other person or persons as may be declared officers of the Universities
by the Statutes.
1 [8. Transfer of Officers .— Officers of the University under serial nos. 4 to 9 of
section 7, may be transferred by the Chancellor to another University on the same or
any other equivalent post or within the University on any other equivalent post.]
Legislative changes after (1982) - This section was submitted by Bihar Ordinance
39 of 1986 and continued till finally Act 3 of 1990 was passed breaking the chain of
Ordinances. Prior to its substitution this section read as follows:
“8 Transfer of Officers - (i) The officers of the University (excluding the
Chancellor, the Vice -Chancellor, the Pro -Vice-Chancellor, Dean, Students’
Welfare and Proctor) may be transferred by the Chancellor on the
recommendation of the Vice -Chancellor or otherwise, to an equivalent post in
another University.
(ii) The Vice-Chancellor may transfer officers mentioned in serials (5) to (8) in
Sub-section (1) of section 7 to any equivalent post or revert them to their
substantive post in the same University.'
9. The Chancellor.—(1) The Governor of Bihar shall be the Chancellor and
shall, by virtue of his office, be the hea d of the University and the
President of the Senate, and shall, when present, preside over meetings of
the Senate, and at any convocation of the University.
(2) The Chancellor shall have the powers to inspect the University, its buildings,
laboratories, work shops and equipment, any College or hostel, the teaching or
examinations conducted, or any act done by the University, and to get such inspec tion
done by such person or persons who may be directed by him and to inquire or to cause
an inquiry made, in like manner, in respect of any matter connected with the
University 2[and it shall be the -duty of the officers of the concerned University and
College to render necessary, assistance in such inspection :]
Provided that the Chancellor shall, in every case, info rm the Vice -Chancellor of
his intention to inspect or inquire or to get the inspection or enquiry conducted and the
University shall be entitled to representation therein.
____________________________________
1. Subs. by Act 3 of 1990.
2. Ins. by Act 68 of 1982.
(3) (a) The Chancellor may send the results of such inspection or inquiry
to . the Vice-Chancellor and the Vice-Chancellor shall communicate the views of the
Chancellor to the Syndicate and the Academic Council.
(b) The Syndicate and the Academic Council shall report to the Chancellor within the
specified period, such action. if any as has been taken or is pro posed to be taken upon
the results of such inspection or enquiry.]
(c) Where the Syndicate and the Academic Council fail to take action up to the
satisfaction of the Chancellor within a reasonable time, the Chancellor may, after
considering the explanation furnished or representation filed by 2[xxx] the Syndicate
and the Academic Council, give such direction as he considers fit and the Syndi cate
and the Academic Council shall at once comply:
1[ Provided that notwithstanding anything contained in sub -section (3) the
Chancellor, if he deems necessary, on the basis of report received from the Vice -
Chancellor or otherwise, may call for explanat ion from any teacher or officer of the
University or colleges affiliated -to it and after the consideration on the charges, issue
such direction as he deems fit, and the Vice -Chancellor, the Syndicate and the
Academic Council or the Governing body or Ad hoc committee, as the case may be
shall comply with it within the specified period.]
4[(4) The Chancellor may, by order in writing, annul any proceeding or order of
the University which is not in conformity with this Act, the Statutes, the Ordinance or
the Regulation or for which adequate reason is lacking :
Provided that before making any such order or direction he shall call upon the
University to show cause within the time specified why such order or direction
should not be made, and if any cause is shown within the said time limit, he shall
consider the same.]
1[
]
(5) Every proposal' for the conferment of an honorary degree shall be subject to
confirmation of the Chancellor.
(6) Where power is conferred upon him by this Act or the Statutes to nomi nate
persons to authorities and bodies of the University, the Chancellor shall, to
the extent necessary and without prejudice to such power, nominate persons
to represent interests not otherwise represented.
(7) The Chancellor shall have power to transfer the officers and teach ers of
the Universities fro m one University to another or in the same University
on the same post or on any other equivalent post; the transferees shall retain
their respective seniority.
(ii) The Chancellor shall have the power to issue direction to theUniversities
in the administrative or academic interest of the Universities which he considers to be
necessary. The direction issued by the Chancellor shall be implemented by the Vice—
Chancellor, Syndicate, Senate and other bodies of the Universities as the case may be.
________________________________
1. Subs. by 68 of 1982.
2. Omitted by ibid.
3. Ins. by Act 3 of 1990 and Sub-Sec. (7) renumbered as Sub-Section (8)
(iii) Any person aggrieved by such order of the Chancellor may file
representation to the Chancellor, who on consideration of the
representation snail have the power to affirm, modify or rescind
his earlier order and pass such other order or orders which he may
deem fit and proper.
1[(8) The Chancellor shall have such other powers as are conferred on
him by this Act or the Statutes.]
Legislative changes (after 1982) - Sub-section 7 of this section was
inserted and existing sub-section 7 re-numberred as sub-section 8 by Ordinance
39 of 1986 which was continued by successive ordinances till the enactment of
Act 3 of 1990.
10. The Vice-Chancellor – (1) No person shall be deemed to be qualified to hold
the office of Vice -Chancellor unless such person is, in the opinion of the Chancellor,
reputed for his scholarship and academic interest 2[xxx]
(2) The Vice-Chancellor shall be a ppointed by the Chancellor in consulta tion with
the State Government.
3[(3) (a) The Vice -Chancellor shall be whole time officer and shall hold of fice
during the pleasure of the Chancellor.
(b) Subject to the foregoing provisions of this section the Vice-Chancellor shall
ordinarily hold office for a term of three years and on the expiry of the said term
he may be reappointed by the Chancellor in consultation with the State
Government and he shall hold office at the pleasure of the Chancellor for a term
not exceeding three years.]
3[
i
(ii)
(5) The Vice -Chancellor shall be the principal executive and academic
officer of the University, the Chairman of the Syndicate and of the Academic Coun cil
and shall be entitled to be present and speak at any meeting of any authority or other
body of the University and shall in the absence of the Chancellor preside over meetings
of the Senate and of any convocation of the University :
Provided that the Vice -Chancellor shall not vote in the first instance but
shall have and exercise a casting vote in the case of an equality of votes.
(6) The Vice -Chancellor shall subject to the provisions of this Act, the
Statutes and the Ordinances have power to make appointment to posts within the
sanctioned grades and scales of pay and within the sanctioned strength of the
ministerial staff and other servants of the University not being teachers and officers of
the University and have control and full disciplinary powers over such stall and
servants.
4[
_______________________________
1. Ins. by Act 3 of 1990 and Sub-sec. (7) renumbered as Sub-Section (8) .
2. Word “And no person shall be deemed to be qualified to hold the offi ce of the Vice -Chancellor of
Kameshwar Singh Darbhanga Sanskrit University unless such person is in the opinion of the
Chancellor, reputed for his Scholarship in Sanskrit or has made notable contribution to Sanskrit
Education' deleted by Jharkhand Act 6 of 2003.
4. Subs. by Act 68 of 1982.
(8) The Vice-Chancellor shall have the powers to visit and inspect the College s
and buildings, laboratories, workshops and equipments thereof and any other institution
associated with the University, and he shall have the right of making an inquiry or
causing an inquiry to be made, in like manner in respect of any matter connected with
such Colleges and institutions.
(9) The Vice -Chancellor shall address the Principal of such College with
reference to the result of such inspection or inquiry and, thereupon, it shall be the duty of
such Principal to communicate the views of the Vice -Chancellor to the governing body of
the College and to report to the Vice -Chancellor such action, if any, taken or proposed ft
be taken upon the result of such inspection or inquiry.
(10) It shall be lawful for the Vice -Chancellor to issue, from time to time, any
direction to the Principal of a College in which post -graduate teaching con ducted under
clause (16) of section A and such Principal shall comply with all such directions
accordingly.
1[(11) The Vice -Chancellor shall exercise general control over the edu cational
arrangement of University and shall be responsible for the discipline o( the University. It
shall be lawful for the Vice -Chancellor to take all steps which are necessary for
maintaining the academic standard and administrative discipline of the University.]
(12) If at any time, except when the Syndicate or the Academic Council is in
session, the Vice -Chancellor is satisfied that an emergency has arisen requir ing him to
take such immediate action involving the exercise of any power vested in the
2[Syndicate or Academic Council] by or under this Act, the Vice -Chancellor shall take
such action as he deems fit, and shall report the action taken by him to such authority
which may either confirm the action so taken or disapprove of it.
(13) It shall be the duty of the Vice-Chancellor to see whether the proceeding of
the University are carried on in accordance with the provisions of this Act, the Statutes,
the Ordinance, the Regulations and the Rules or not and the Vice Chancellor shall report
to the Chancellor every proceeding which is not in conformity with such provisions.
For so long as the orders of the Chancellor are not received on the report
of the Vice-Chancellor that the proceeding of the University is not in accordance with this
Act, the Statutes, the Ordinance,' the Regulation and the Rules, the Vice -Chancellor shall
have the powers, to stay the proceeding reported against.
[14]
4[Illustration-‘equivalent post1 means Reader and Principal in the pay - scale of
Reader, Professor and Principal in the pay-scale of .Professor.]
(15) The Vice -Chancellor shall exercise such other powers and perform such other
duties as are conferred or imposed on him by this Act, the Statutes, the Regulations or the
Rules.]_
___________________________________
1. Subs. by Act 3 of 1990.
2. Subs. by Act 68 of 1982.
3. Ins. by ibid and existing sub.sec.(14) made(15) thereof.
4. Ins. by Act 3 fo 1990.
[(16) The Vice-Chancellor shall have overall responsibility in maintaining good academic
standard and promoting the efficiency and good order of the University.
(17) Save as otherwise provided in the Act, or the Statutes the Vice -Chancellor shall
appoint officer (other than ifte Pro-Vice-Chancellor) with the approval of the
Chancellor, and teachers and shall define their duties;
(18) The Vice -Chancellor shal l hare power to take disciplinary action against all
employees of the University including officers and teachers of the University;
(19) An appeal shall lie to the Chancellor against the order of the Vice- Chancellor
imposing the penalty of dismissed, removal from service or education in rank.]
Legislative changes(after 1982)- This section has registered following changes;
(i) Substitution of sub-section(3),(4), (11),
(ii) Insertion of illustration of sub-section (14) and
(iii) Insertion of sub-sections (16) to (19).
The amendments having started from Ordinance 39 of 1986 till Act 3 of 1990 provides
different date of effect to the different amendments made in the section.
The date of effect for the substitution of sub -section (11), insertion of illustration to sub-
section (14) and insertion of sub -section (16) to (19) is 17.12.1986 when Ordinance 39
of 1986 was promulgated. The substitution of sub -section (3) is effective from
18.4.1987 when Ordinance 13 of 1987 was promulgated.
The substitution of sub -section (4) is effecti ve from 30.1.1990 being the date of
enactment of Act of 1990.
Sub-section-Excerpt shown. Open the full act in Lexace.