Banner

The Bihar State Universities Act, 1976

Section 58

Implementation of Selection Procedure.- Notwithstanding anything contained in any provisions of this Act, Statute or any other laws for the time being in force, the Selection Committee constituted under section 57 (i) and 57B shall be bound to follow the procedure under this Act.� ___________________________________________ 1. Subs. by Act 17 of 2013.
Legislative changes (after 1982)-Ordinance 4 of 1985 (w.e.f.6.2.1985) brought following changes in this section: (1) Substitution of sub-sections (2) (a) (i), (2) (b) (i) and (3) (b) ; (2) For the words �Bihar Public Service Commission� and �Commission� the words �Bihar University (Constituent Colleges) Service Commission� shall be substituted; (3) Insertion of new sub-section (9) Prior to their substitution by Ordinance 4 of 1985 sub-sections (2) (a) (i), (2) (b) (i) and (3) (b) read as follows: �(2) (a) (i) fo�ofo|ky; izkpk;Z ls vU;wu iafDr dk lEcfU/kr fo"k; dk foHkkxk�;{k % ijUrq fo�ofo|ky; esa ,sls dksbZ f�k{kd ugha gks rks vU; fo�ofo|ky;ksa ds ml fo"k; dk foHkkxk�;{k tks fo�ofo|ky; izkpk;Z ls vU;wu dksfV dk gksA** �(2) (b) (i) fo�ofo|ky; izkpk;Z ls vU;wu iafDr dk lEcfU/kr fo"k; dk foHkkxk�;{k % ijUrq fo�ofo|ky; esa ,slk dksbZ f�k{kd ugha gks rks vU; fo�ofo|ky; ds ml fo"k; dk foHkkxk�;{k tks fo�fofo|ky; izkpk;Z ls vU;wu dksfV dk gksA** �(3) (b) vk;ksx dk ;g d�kZO; gksxk fd egkfo|ky; ds lEcU/k esa fd;s d``R;ksa dk okf"kZd izfrosnu fo�ofo|ky; dks HkstsxkA izfrosnu dh izfr flusV dh vkxkeh cSBd esa izLrqr dh tk,xh vkSj fo�ofo|ky; flusV dh Vhdk fVIi.kh ds le; ;fn dksbZ gks rks] mls jkT; ljdkj dks vxzlkfjr djsxk vkSj jkT; ljdkj mls fo/kku eaMy ds le{k izLrqr djsxhA** After their substitution by Ordinance 4 of 1985 the above clauses and sub-section (9) read as follows:- �(2) (a) (i) Seniormost teacher of the subject concerned not below the rank of University Professor.� �Provided further that the expert shall be Principal of the rank of University Professor for the appointment of Principal of the rank of University Professor.� �Provided that for the appointment of Principal of the rank of University Professor, one shall be a Vice-Chancellor/ex-Vice Chancellor of the outside University from amongst the said three Specialists/Experts.� �(2) (b) (i) Seniormost teacher of the subject concerned not below the rank of University Professor.� � Provided further that the expert shall be a Principal of the rank of University Professor for the appointment of the Principal of the rank of reader.� � If the Syndicate/Governing Body does not accept the recommendation made by the Commission it shall record its reasons in writing and forward the case for order to the Chancellor and the order of the Chancellor shall be final and binding.� �(9) Notwithstanding anything contained in the Act purely temporary appointment on a post of Lecturer, duly sanctioned by the State Government may be made for a maximum period of six months or till the end of session (whichever is earlier) on the recommendations of the following Selection Committee constituted under the chairmanship of Vice-Chancellor:- (1) The Vice Chancellor-Chairman.
(2) University Professor of the subject concerned (the seniormost teacher of the rank of University Professor) Member. (3) An expert of the rank of the University Professor to be nominated by the Chancellor-Member. (b) In any case the lecturer appointed on temporary basis as aforesaid, shall neither continue in service nor be re-appointed on the expiry of the said period of six months. Such appointment shall be made only once and for a maximum period of six months.� Ordinance 39 of 1986 (w.e.f. 17.12.1986) brought further changes as follows:- �Amendment of section 58 of Bihar Act 23, 1976.- In the said Act in section 58.- (i) in sub-sections (1) and (5) for the word, �Syndicate� the word �Vice-Chancellor� shall be substituted. (ii) in sub-section (6) for the word �Vice Chancellor/Syndicate� the word �Vice-Chancellor� shall be substituted.� The above changes continued till enactment of Act 3 of 1990. Again in 1993 by Ordinance 14 of 1993 changes were introduced in this section as follows:- �(10) Notwithstanding anything to the contrary contained in the Act or Statutes, rules or regulations all promotions given on temporary basis to the post of Readers or Professors or Principals or the Officers of the University shall be valid for not more than six months unless recommended by the Bihar State University (Constituent Colleges) Service Commission: Provided that all relevant records and papers concerning such promotions shall be sent to the Commission by the University within a period of one month from the date of such temporary promotion, otherwise, it shall cease to be operative after lapse of one month from the date of such promotion.� However, Act 17 of 1993 which replaced Ordinance 14 of 1993 introduced new amendments and retained insertion of sub-section (10) but without its proviso, as follows:- �Amendment of Section 58 of Bihar Act 23 of 1976-In Section 58 of the said Act:- (i) In sub-section (2) clause (d) shall be deleted and clause (e) shall be renumbered as clause (d). (ii) In sub-section (3), clause (a) shall be deleted and clause (b) shall be renumbered as sub-section (3). (iii) For sub-section (4) the following shall be substituted namely:- �(4) Appointment to the posts of teachers and officers shall be made on the recommendations of the Commission unless otherwise provided under the Act� (iv) After sub-clause (3) of Clause (a) of sub-section (9), the following new sub-clause shall be inserted, namely:- �(4) A member of the Scheduled Castes/Scheduled Tribes/Other Backward Classes having academic, entrest to be nominated by the State Government-Member.�
(v) After sub-section (9), the following new sub-section shall be added, namely:- �(10) Notwithstanding to the contrary contained in this Act or Statutes, Rules or Regulations made thereunder promotion given on temporary basis to the post of Reader or Professor or Officers of the University shall not be valid for a period exceeding six months unless recommended by the Bihar State University (Constituent College) Service Commission.� In 1996 by Ordinance 6 of 1996 (w.e.f. 6.8.1996) a new second proviso was inserted in clause (i) of clause (b) of sub-section (2) and this continued by successive Ordinances and finally Act 8 of 1998 was enacted to give this insertion permanency. 1[58A. Constitution of Advisory Committee.- For each College maintained and administered by the University, there shall be an Advisory Committee which shall be constituted and shall function in accordance with the manner prescribed by the Statutes.] 3[�58-B Constitution of Bihar State University Service Commission.- The State shall constitute a separate Bihar State University Service Commission for making recommendation for the appointment of University teacher.��

Previous     Home     Next