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The Patna Universities Act, 1976

Section 16

3[16. The Registrar.-4[(1) Notwithstanding any provisions of the Act, if the Chancellor thinks fit, he may request the State Government, Central Government, University Grants Commission or any University to send names of suitable officers including the retired officers of Bihar Administrative Service for the post of Registrar, and in that case State Government, Central Government, University Grants Commission or any University may send name of one or more officers for consideration for appointment as Registrar under such terms and conditions of service, as he may consider fit, and then the Chancellor shall appoint the Registrar from amongst them. (2) The Registrar shall be a wholetime officer of the University and he shall act as Secretary to the Senate, the Syndicate and the Academic Council and he shall:- (a) be the custodian of the records, the common seal and such other properties of the University as the Vice-Chancellor and the Syndicate shall commit to his charge; ______________________________________ 1. Subs. by Act 67 of 1982. 2. Ins. by ibid. 3. Subs by Act 13 of 1996. 4. Subs by Act 15 of 2017. 84 ] Part I Manual of Bihar Universities Laws [Secs. 16 (b) conduct the official correspondence of the University and shall maintain the proper investment of the University; (c) perform such other duties as may be specified in the Statutes or prescribed by the Act or the Regulation or as may be required from time to time by the Vice-Chancellor, Pro-Vice-Chancellor or the Syndicate; (d) represent the University in suits or proceedings by or against the University, sign Powers of Attorney and verify pleadings or depute his representative for the purpose; (e) render assistance to the Vice- Chancellor and Pro-Vice-Chancellor in discharge of their duties in regard to the conduct of the examination and the publication of the results; (f) look after the proper functioning of the Constituent Colleges and the Department of the University and to report to the Vice-Chancellor; (g) have power to take disciplinary action against the ministerial staff and to suspend them pending inquiry and to administer warning to them or to impose on them the penalty to ensure or withholding of increment, provided has no such penalty shall be imposed unless the person concerned has been given a reasonable opportunity of showing cause against the action proposed to be taken against him. (3) (a) An appeal shall lie to the Vice-Chancellor against the order of the Registrar imposing the penalty of withholding the increment; (b) In case where the enquiry discloses that a punishment beyond the powers of the Registrar is called for the Registrar shall, upon conclusion of the enquiry, make a report to the Vice-Chancellor along with his recommendation for such actions as the Vice-Chancellor may deem fit; (c) The Register may be transferred by the Chancellor from one University to another University, on the same or on any equivalent post or within the same University on any other equivalent post. Legislative changes (after 1982)- By Ordinance 2 of 1986, a new clause (f) was inserted to this section which continued till Ordinance 2 of 1986 was repealed i.e clause (f) came in to force w.e.f. the date of Ordinance 2 of 1986. The text of clause (f) is given below: �(f) Notwithstanding any provisions of the Act, if the Chancellor thinks fit, he may request the State Government, Central Government, University Grants Commission or any University to send names of suitable officers for the post of Registrar, and in that case the State Government, Central Government, University Grants Commission or any University may send name of one or more officers for consideration for appointment as Registrar under such terms and conditions of services as he may consider fit, and then, the Chancellor shall appoint the Registrar from amongst them.� By Ordinance 38 of 1986, the whole section 16 was substituted as follows: Subsituation of Section 16 of Bihar Act 24, 1976.-In the said Act for section 16, the following shall be substituted, namely:- �16. The Registrar.-(1) The Registrar shall be a whole time Officer of the University and he shall act as Secretary to the Senate, the Syndicate and the Academic Council and he shall- (a) be the custodian of the records, the common seal and such other properties of the University as the Vice-Chancellor and the Syndicate shall commit to his charge; (b) conduct the official correspondence of the University, and shall maintain the proper investment of the University; (c) perform such other duties as may be specified in the Statutes or prescribed by the Ordinance or the Regulation or as may be required from time by the Vice-Chancellor, Pro-Vice-Chancellor or the Syndicate; Sec. 16] Patna University Act, 1976 Part I [85 (d) represent the University in suits or proceedings by or against the University, sign Powers of Attorney and verify pleadings or depute his representative for the purpose. (e) render assistance to the Vice-Chancellor and Pro-Vice-Chancellor in discharge of their duties in regard to the conduct of the examination and the publication of the result; (f) look after the proper functioning of the institutions affiliated to the University other than the Constituent Colleges and the Departments of the University and shall report to the Vice-Chancellor. (g) have power to take disciplinary action against the employees belonging to the ministerial staff and to suspend them pending inquiry, to administer warning to them or to impose on them the penalty of censure or withholding of increment: Provided that no such penalty shall be imposed unless the person concerned has been given a reasonable opportunity of showing cause against the action proposed to be taken against him. (2) (a) An appeal shall lie to the Vice-Chancellor against any order of the Registrar imposing the penalty of withholding increment. (b) In a case where the inquiry disclosed that a punishment beyond the powers of the Registrar is called for, the Registrar shall, upon conclusion of the enquiry, make a report to the Vice-Chancellor along with his recommendation for such actions as the Vice-Chancellor may deem fit. (c) The Registrar may be transferred by the Chancellor from one University to another University, on the same or on any equivalent post or within the same University on any other equivalent post.� Again Ordinance 12 of 1987 was promulgated which repealed Ordinance nos.28, 34 and 38 of 1986 and substituted section 16 as follows:- Substitution of Section 16 of Bihar Act 24, 1976.-In the said Act for Section 16, the following shall be substituted, namely :- �16. The Registrar.- (1) Notwithstanding any provision of the Act, if the Chancellor thinks fit he may request the State Government, Central Government, University Grants Commission or any University to send names of suitable officers for the post of Registrar, and in that case the State Government, Central Government, University Grants Commission or any University may send name of one or more officers for consideration for appointment as Registrar under such terms and conditions of services, as he may consider fit, and then the Chancellor shall appoint the Registrar from amongst them; (2) The Registrar shall be wholetime Officer of the University and the shall act as Secretary to the Senate, the Syndicate and the Academic Council and he shall- (a) be the custodian of the records, the common seal and such other properties of the University as the Vice-Chancellor and the Syndicate shall commit to his charge; (b) conduct the official correspondence of the University, and shall maintain the proper investment of the University. (c) perform such other duties as may be specified in the Statutes or prescribed by the Ordinance or the Regulation or as may be required from time to time by the Vice-Chancellor, Pro-Vice-Chancellor or the Syndicate; (d) represent the University in suits or proceedings by or against the University, sign powers of Attorney and verify pleadings or depute his representative for the purpose; (e) render assistance to the Vice-Chancellor and Pro-Vice-Chancellor in discharge of their duties in regard to the conduct of the examination and publication of the result; (f) look after the proper functioning of the institutions affiliated to the University other than the Constituent Colleges and the Department of the University and shall report to the Vice-Chancellor; (g) have power to take disciplinary action against the employees belonging to the ministerial staff and to suspend them pending inquiry, to administer warning to them or to impose on them the penalty of censure or withholding of increment: Provided that no such penalty shall be imposed unless the person concerned has been given a reasonable opportunity of showing cause against the action proposed to be taken against him; (3) (a) An appeal shall lie to the Vice-Chancellor against an order of the Registrar imposing the penalty of withholding the increment; (b) In case where the inquiry discloses that a punishment beyond the powers of the Registrar is called for, for the Registrar shall, upon conclusion of the enquiry, make a report to the Vice-Chancellor along with his recommendation for such actions as the Vice-Chancellor may deem fit; (c) The Registrar may be transferred by the Chancellor from one university to another   86 ] Part I Manual of Bihar Universities Laws [Secs. 16A-19 University, on the same or on any equivalent post or within the same University on any other equivalent post.� Thus the so substituted section remained in force till the existence of Ordinance 15 of 1992 and thereafter the original section 16 came back in the same position as it was prior to its substitution in 1986. This section was again substituted by Ordinance 14 of 1994 and finally Act 13of 1995 was enacted which approved the amendments done by the Ordinance, This section reads as follows prior to its amendment by Ordinance 14 of 1994:- �16. The Registrar.- The Registrar shall be a whole time officer of the University and he shall act as Secretary to the Senate, the Syndicate and the Academic Council and he shall- (a) manage the property and investment of the University; (b) sign all contracts made on behalf of the University; (c) exercise and perform such other powers and duties as may be prescribed by the Statutes, the Ordinances, the Regulations or the Rules, or as may, from time to time, be conferred and imposed on him by the Senate, the Syndicate and the Academic Council; (d) generally render such assistance to the Vice-Chancellor as may be desired by him in the performance of his duties; and (e) the Registrar may, on the recommendation of the Vice-Chancellor or otherwise, be transferred by the Chancellor from one University to another University on the same or any other equivalent post or within the same University to any other equivalent post.�

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