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The Bihar State Universities Act, 1976

Section 35

No post for appointment shall be created without the prior sanction of the State Government. – Notwithstanding anything contained in this Act, no University or any College affiliated to such a University, except such College ____________________________________________ 1. Subs. by Act 68 of 1982. 2. “Proviso” ins. by Act 12 of 2004.
(a) as is established, maintained or governed by the State Government; or (b) as is established by a religious or linguistic minority; 1[(i) After the commencement of this Act no teaching or non-Teaching post involving financial liabilities shall be created without the prior approval of the State Government.] (ii) shall either increase the pay or allowance attached to any post, or sanction any new allowance; Provided that the State Government may, by an order, revise the pay scale attached to such post or sanction any new allowance. (iii) shall sanction any special pay or allowance or other remuneration of any kind including ex-gratia payment or any other benefit having financial implication to any person holding a teaching or non-teaching post; (iv) shall incur expenditure of any kind on any development scheme without the prior approval of the State Government. (2) Notwithstanding anything contained in this Act, no College other than one mentioned in clause (a) and (b) of sub-section (1), shall, after the commencement of this Act, appoint any person on any post without the prior approval of the State Government. Provided that the approval of the State Government shall not be necessary for filling up a sanctioned post of a Teacher for a period not exceeding six months, by a candidate possessing the prescribed qualification. 2[(3) Any appointment or promotion made contrary to the provisions of this Act, or Statutes, Rules or Regulations made thereunder or made in irregular or unauthorized manner shall be invalid and shall be terminated at any time. The expenditure incurred by the University against such appointment or promotion shall be realized from the officer making such appointment or promotion as a public demand under the provisions of the Public Demands Recovery Act, 1914.] Legislative changes (after 1982)–By Ordinance 4 of 1985 sub-clause 9i) of clause (b) of sub-section (1) of this section was substituted which continued by successive Ordinances till Act 3 of 1990 was enacted. Prior to its substitution this sub-clause read as follows:– “(i) shall, after the commencement of this Act, create any teaching or non-teaching post involving financial liability without the prior approval of the State Government;” This section underwent amendments when sub-section (3) was added by Ordinance 14 of 1993 which read as follows:– “(3) Any appointment or promotion made contrary to the provisions of the Act, Statutes, Rules or Regulations or in any irregular or unauthorized manner shall be invalid and shall be terminated at any time without notice. All expenditures incurred by the University in regard to such appointment or promotion shall be realized from the appointing officer as a public demand under the provisions of the Public Demand Recovery Act, 1914.” Act 17 of 1993 which repealed Ordinance 14 of 1993 also retained the addition of sub-section (3) but with certain changes.

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