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The Bihar State Universities Act, 1976

Section 67

Retirement from service.- 2[�(a)Notwithstanding anything to the contrary contained in any Act, Rules, Statutes, Regulation or Ordinance, the date of retirement of a teaching employee of the University or of a College shall be the date on which he attains the age of sixty two years. The date of retirement of a teaching employee will be the same which would be decided by the University Grant Commission in future. ________________________________________ 1. Subs. by Act 3 of 1990. 2. Ins. by Act 68 of 1982 3. Subs. by Act 4 of 2006.
The date of retirement of non-teaching employee (other than the inferior servants) shall be the date on which he attains the age of sixty two years. Provided that the University shall, in on case, extend the period of service of any of the teaching or non-teaching employee after he attains the age of sixty two years as the case may be. Provided further also that re-appointment of teachers after retirement may be made in appropriate cases up to the age of sixty five years in the manner laid down in the statutes made in this behalf in accordance with the guidelines of the University Grants Commission.� (b) The University may require any teaching or non-teaching employee, who, reckoned from the date of his first appointment, has completed the qualifying service of 23 years or a total service of 27 years, to retire from the University service, if it considers that his conduct or efficiency is such as does not justify his continuation in the service. (c) (i) Notwithstanding anything contained in the preceding sub-section, any teaching or non-teaching employee may, after giving at least three months prior notice in writing to the concerned appointing authority, retire from such date on which such a teaching or non-teaching employee has completed 32 years of qualifying service or attains 52 years of age, or from such date thereafter as may be specified in the notice : Provided that no employee of the University under orders of suspension shall retire except without a specific approval of the Syndicate. (ii) The University may, in the public interest, require any teaching or non-teaching employee, after giving at least three months prior notice in writing or after paying an amount equivalent to pay and allowance of three months in lieu of such notice, to retire from such date on which he completes 32 years of qualifying service or attains 52 years of age, or from such date thereafter as may be specified in the notice. (d) The provisions contained in the preceding sub-sections shall mutatis mutandis apply to the teaching and non-teaching employees of affiliated Colleges. Legislative changes (after 1982)-Clause (a) of this section was first substituted by Ordinance 35 of 1986 (w.e.f. 1.4.1986) which prior to its so substitution read as follows: �(a) Save as otherwise expressly provided in this Act, the date of retirement of any teaching or non-teaching employee, other than inferior servants, of the University or any College, shall be the date on which he attains the age of sixty years: Provided that such teachers, who do not opt for the pay-scales revised with effect from the 1st day of January, 1973, and such non-teaching employees, who are in the service of University from a date prior to the commencement of this Act, shall retire after attaining the age of sixty-two years: Provided further that no University shall extend the period of service of or reappoint any teaching or non-teaching employee after his completing the age of 60 or 62 years as the case may be.� After its substitution by Ordinance 35 of 1986 Clause (a) read as follows:- �(a) Save as otherwise expressly provided in this Act the date of retirement of a teaching employee of University or of a college with effect from the 1st April 1986 shall be the date on which he attains the age of 62 years. The date of retirement of non-teaching employee (otherwise than inferior servants) shall be the date on which he attains the age of 60 years, but the date of retirement of such non-teaching employees who are in the service of the University prior to the commencement of this Act, shall be the date on which he attains the age of 62 years: Provided that the University shall in on case, extend the period of service of any of the
teaching or non-teaching employees or re-appoint him after he attains he age of 60 or 62 years, as the case may be.� This clause as so substituted by Ordinance 35 of 1986 continued by subsequent Ordinances the last being Ordinance no.20 of 1986. Thereafter Ordinance 2 of 1990 (w.e.f.9.8.1989) again substituted this clause which read as follows:- **�d� bl vf/kfu;e esa vfHkO;Dr :i ls micaf/kr voLFkk dks NksM+dj fo�ofo|ky; ;k egkfo|ky; ds f�k{k.k deZpkjh dh lsok fuo``fr dh frfFk 1yh vizhy 1986 ls og gksxh ftl frfFk dks og 62 o"kZ dh vk;q izkIr dj ysa( f�k{kds�kj deZpkjh �voj lsodksa buQhfj;j losZUV~~l dks NksM+dj� dh lsok&fuo``fr dh frfFk og gksxh ftl frfFk dks og 60 o"kZ dh vk;q izkIr dj ys] fdUrq oSls f�k{kds�kj deZpkjh] tks bl vf/kfu;e ds izkjEHk ds iwoZ ls fo�ofo|ky; dh lsok esa dk;Zjr gS] dh lsok fuo``fr dh frfFk og gksaxh ftl frfFk os 62 o"kZ dh vk;q izkIr dj ysa % ijUrq ;g fd fo�ofo|ky; fdlh Hkh n�kk esa fdlh Hkh f�k{k.k deZpkjh ;k f�k{kds�kj deZpkjh dh ;FkkfLFkfr 60 ;k 62 o"kZ dh vk;q iwjk djus ds ckn] mldh lsok vof/k dk u rks foLrkj dj ldsxk vkSj u mls iqufuZ;qDr gh dj lsdsxk % ijUrq ;g vkSj fd fcgkj jkT; fo�ofo|ky; �la�kks/ku� f}rh; v�;kns�k] 1989 �fcgkj v�;kns�k la[;k 20] 1989� ds O;ixr gksus dh frfFk ,oa fcgkj jkT; fo�ofo|ky; �la�kks/ku� r``rh; v�;kns�k] 1990 ds iz[;kiu dh frfFk ds vUrjky esa ,sls f�k{kd tks vf/kfu;e dh /kkjk 67 ds [kaM �d� ds izHkkoh ugha jgus dh fLFkfr esa lsokfuo``r gks x;s gSa os fdlh U;k;ky; ;k U;k;kf/kdj.k }kjk fn;s x;s fu.kZ;] fMxzh] vkns�k] funs�k] fjV vkSj izfr"ks/k ds gksrs gq, Hkh lsok&fuo``fr dh frfFk ls lsok esa ekus tk;saxs ekuks mudh lsok&fuo``fr ugah gqb gksA** Section 22 of the Ordinance 2 of 1990 provided for retrospectively as follows:- ^^22] v�;kns�k dk v�;kjksgh izHkkoA& fcgkj jkT; fo�ofo|ky; �la�kks/ku� f}rh; v�;kns�k] 1989 �fcgkj v�;kns�k la[;k 20] 1989� ds O;ixr gksus dh frfFk ,oa fcgkj jkT; fo�ofo|ky; �la�kks/ku� r``rh; v�;kns�k] 1990 ds iz[;kiu gksus dh frfFk ds vUrjky esa rRle; izo``r fdlh vU; fof/k esa ;k fof/k laizHkkoh fdlh fyf[kr esa vUrfoZZ"V fdlh vlaxr ckr ds gksrs gq, Hkh ;k fdlh U;k;ky; ;k U;k;kf/kdj.k }kjk fd, x, fu.kZ; fMxzh] vkns�k] funs�k] fjV vkSj izfr"ks/k ds gksrs gq, Hkh bl v�;kns�k ds izko/kku izHkkoh gksaxsA** Later on in 1993 Ordinance 6 of 1993 was promulgated which substituted once again clause (a). Shortly thereafter Ordinance 12 of 1993 was promulgated which introduced a new Section 3 in Ordinance 6 of 1993. By this new section it was sought to nullify the amendments brought by Act 3 of 1990. After its substitution by Ordinance 6 of 1993 this clause (a) read as follows:- �(a) Notwithstanding anything to the contrary contained in this Act. Ordinance, Rules or any judgment or decree of Court, the date of retirement of a teaching employee of the University or of a College shall be the date on which he attains the age of sixty years. The date of retirement of no-teaching employee (other than the inferior servants) shall be the date on which he attains tha age of 60 years. Provided that the date of retirement of such non-teaching employee who is the service of the University prior to the commencement of the Bihar State Universities Act, 1976 (Bihar Act 23, 1976) shall be the date on which he attains the age of 62 years; Provided further that the University shall in no case, extend the period of service of any of the teaching or non-teaching employee or appoint him after he attains the age of sixty or sixty two years, as the case me be.� Section 3 added by Ordinance 12 of 1993 read as follows:- �3 Repeal and Savings.- (1) Amendment made in Section 67 of the Bihar State Universities Act, 1976 (Bihar Act 23 of 1976) by the Bihar Act, 3 of 1990 is hereby repealed. (2) Provided that notwithstanding such repeat and the amendment made by section 2 of the Bihar Ordinance 6, 1993, payment made to any person as salary and allowances under section 21 of Bihar Act 3, 1990 or any amount payable against the actual service rendered, as the case may be, shall not be affected and any payment so made shall not recovered.� The next Ordinance in series i.e. Ordinance 14 of 1993 again substituted this clause while retained the nullification of amendments brought by Act of 1993. The so substituted clause (a) and the clause for �repeal� read as follows:- �(a) Notwithstanding anything to the contrary contained in this Act or any other Act, Ordinance, Ruled or any judgment or decree of a Court, the date of retirement of a teaching employee of the University or of a College shall be the date on which the attains the age of sixty
years. The date of retirement of non-teaching employee or appoint him (other than the inferior servants) shall be the date on which he attains the age of 60 years: Provided that the date of retirement of such non-teaching employee who is in the services of the University prior to the amendment of the Bihar State Universities Act, 1976 (Bihar Act 23, 1976) shall be the date on which he attains the age of 62 years; Provided further that the University shall in no case extend the period of service of any of the teaching or non-teaching employee after he attains the age of sixty or sixty-two years, as tha case may be: Provided further also that re-appointment of teachers after retirement may be made in appropriate and deserving cases upto the age of sixty-five years in the manner laid down in the Statutes to be made in this behalf in accordance with the guidelines of the University Grants Commission.� Thereafter Act 17 of 1993 was passed which holds the field even to day. By this Act the nullification of amendments brought by Act 3 of 1990 was also retained as follows:- �Repeal and Savings.-(1) Amendment made in Section 67 of the Bihar State Universities Act, 1976 (Bihar Act 23 of 1976) by the Bihar Act 3 of 1990 is hereby repealed. (2) The Bihar State Universities (Amendment) Ordinance, 1993 (Bihar Ordinance no.6 of 1993), the Bihar State Universities (Second Amendment) Ordinance, 1993 (Bihar Ordinance no. 12 of 1993) and the Bihar State Universities (Third Amendment) Ordinance, 1993 (Bihar Ordinance no. 14 of 1993) are hereby repealed: Provided that notwithstanding such repeal salaries and allowances already paid or payable to a person against actual services rendered after having reached the age of sixty years but prior to the commencement of Bihar Ordinance no. 6 of 1993 shall not be affected.�

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