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The Bihar State Universities Act, 1976

Section 26

The Faculties. –(1) The University, other than the Kameshwar Singh Darbhanga Sanskrit University, may include the Faculties of Arts Science, Commerce, Medicine, Law, Education, Engineering and such other Faculties as may be prescribed by the Statutes: Provided that no Faculty shall be created by the Senate in respect of any branch of learning for the instruction of which no provision exists in any department of the University or any of its colleges. (2) Each Faculty shall, subject to the control of the Academic Council, have charge of the courses of studies, teaching and research work in such subjects as may be assigned to such Faculty by the 1[Statutes.] (3) The total number of members of each Faculty shall not exceed such as may, from time to time, be prescribed by the Statues. (4) Subject to the provisions of sub-section (3) each Faculty shall consist of– (a) such number of members of the Senate as are teachers and as may be assigned to each Faculty by the Senate keeping in view the qualifications of such teacher members. (b) Such members of the Senate as are not teachers, their number in any faculty not exceeding one-fifth of the total number of members of that Faculty, other than the Faculty of Agriculture, Engineering, Law, Medicine, Commerce or Veterinary Science and as may be elected from amongst and by the Senate in the manner prescribed by the Statutes: Provided that in the case of the Faculty of Agriculture, Engineering, Law, Medicine, Commerce or Veterinary Science, the number of members of the Senate who are not teachers shall be such as may be prescribed by the Statues; and (c) such number of members, to be co-opted as experts by the Academic Council from amongst persons who are not members of the Senate, as may be prescribed by the Statues: Provided that no person shall be a member of more than two Faculties. ______________________________ 1. Subs. by Act 68 of 1982
1[5(i) Dean of Faculty.–(a) The Dean of Faculty shall be appointed by the Vice-Chancellor from amongst the University Professors and the Principals of the rank of University Professors for two years by rotation in the concerned faculty in the manner prescribed in the Statutes: Provided that where there is no teacher or Principal of the rank of University Professor in the Faculty, the Dean of Faculty shall be appointed by the Vice-Chancellor in rotation for a term of two years from amongst the Heads of Department and the Principals of the rank of Readers in the manner prescribed by the Statutes: Provided further that where there is no University Department in the Faculty, the Vice-Chancellor shall appoint a Principal of a College of a rank lower than the University Professor to be the Dean of Faculty by rotation for a term of two years in the manner prescribed in the Statutes.] (b) For being appointed Dean of the Faculty it shall be necessary for the person concerned to be a teacher in the Faculty. (c) A teacher appointed in accordance with the above provisions shall not be eligible for re-appointment as Dean unless the cycle of rotation prescribed according to the Statutes is completed and there is no other teacher eligible for appointment as Dean. (d) The term of such Deans as are not eligible according to the provisions of this section shall cease with the enforcement of this Act and for that faculty a new Dean shall be appointed. (ii) The dean of Faculty shall be responsible to the Vice-Chancellor for teaching and research work in that Faculty. (6) (i) Each Faculty shall comprise of such department of teaching as may be prescribed by the Regulations. 2[(ii)- subject to the provisions of this Act and the provisions of the statute made thereunder the Head of the Department shall be appointed by the Vice-Chancellor by observing, as far as possible, the principle of rotation. Such appointment’s shall be reported to the syndicate of the University.] 3[(iii)- The Head of the Department shall hold office for a period of three years. A person shall not ordinarily be appointed as Head of Department for a second consecutive term. (iv)- The principal shall hold office for a maximum period of five years in one college.] (7) Subject to the provisions of this Act, each Faculty shall have the following powers:- (a) to constitute the Board of courses of study of the departments allotted to it, and (b) to exercise such powers and perform such duties as may be prescribed by the Statutes. Legislative changes (after 1982)–By Ordinance 29 of 1986 clause (i) of sub-section (5) of section 26 was substituted which continued by successive Ordinances till the passing of Act 3 of 1990. Prior its substitution this clause read as follows:– “(5) (i) Dean of Faculty.–(a) The Dean of Faculty shall be appointed by the Vice-Chancellor, by rotation in the manner prescribed by the Statutes from amongst University Professors or Principals in the rank of University Professor, for a period of two years: Provided that if there be no University Professor or Principal in the rank of University Professor in the Faculty concerned, Head of a University Department in the rank of Reader may be appointed Dean of the Faculty by the Vice-Chancellor, by rotation in the manner prescribed by Statutes. ____________________________________ 1. Subs. by Act 3 of 1990 2. Subs. by Act 16 of 2008 3. Ins. By ibid.
In case where there is no University Department, Principal of College, below the rank of University Professor shall be appointed Dean of the Faculty, by the Vice-Chancellor, by rotation in the manner prescribed by the Statutes. (b) For being appointed Dean of the Faculty it shall be necessary for the person concerned to be a teacher in the Faculty. (c) A teacher appointed in accordance with the above provisions shall not be eligible for re-appointment as Dean unless the cycle of rotation prescribed according to the Statues is completed and there is no other teacher eligible for appointment as Dean. (d) The term of such Deans as are not eligible according to the provisions of this section shall cease with the enforcement of this Act and for that faculty a new Dean shall be appointed.” Subsequently in clause (ii) of sub-section (6) of section 26 words “Bihar Public Service Commission” were substituted by the words “Bihar State University (Constituent Colleges) Service Commission” by Ordinance 14 of 1993 and subsequently incorporated in Act 17 of 1993 which repealed Ordinance 14 of 1993.

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