Management and constitution of Governing Body.
1. There shall be a Governing Body constituted for management and
administration of every admitted College other than college owned and maintained
by the State Government or College established and administered by religious
linguistic minorities or admitted as Technical or Medical colleges which shall
consist of the following members:—
(i) Principal of the College-Ex-officio.
(ii) One teacher elected from and by
the teachers of the College.
One representative of the University nominated by the Syndicate.
_____________________________________
The old Statutes relating to Governing bodies of the affiliated colleges
covering all the Universities except Patna University were amended and assented
to by the Chancellor vide letter no. MLU - 30/80-450 G.S. (l) dated 12.2.1982
196 ] Part II
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(iv) One Government Officer of the State Government not below the rank of
the Sub- divisional Magistrate posted in the district nominated by the
Syndicate.
(v) One member elected from amongst themselves by Donors Who have donated
not less than Rs. 25,000/- to the college.
(vi) One member either of Parliament or the State Legislature
residing in the district preferably of the locality where the college is
situated nominated by the Syndicate.
(vii) One member co-opted by the Governing Body from amongst the
educationist or persons noted for their academic interest residing in the
district where the college is situated:
Provided that in the case of colleges owned and maintained by the
Government, the Governing Body consisting of seven members shall be constituted
by the Syndicate in consultation with the State Government:
Provided further that in the case of colleges established and ministered
by minorities based on religion or language or Medical/Engineering colleges
other than those maintained by the Government the Governing Body shall be
constituted by the Syndicate after considering the advice of the sponsors
authorities of the college concerned. But where however the Syndicate is not
able to satisfy itself about the bonafides of sponsors authorities of any such
college or for any other reason it may constitute an Ad-hoc committee consisting
of not more than 5 members.
(2) (i) If for any reason the Governing Body of an admitted college is not
constituted, the Syndicate shall constitute an Ad-hoc committee of not more than
retary of the Ad-hoc committee shall be nominated by the Vice-chancellor.
(ii) If any difficulty arises in the formation or the filling up of any
seat in the Governing Body of any admitted college for any reason what-so-ever,
the Syndicate shall on its own initiative or on reference to it shall decide the
issue. If anybody, however, is dissatisfied with the decision of the Syndicate,
he shall have the right of appeal to the Chancellor within thirty days of the
decision whose decision thereon shall be final and binding on the persons
concerned.
2. (i) Every admitted college shall maintain a separate register in which
names and addresses of such persons as have donated not less than Rs. 25,000 to
the college shall be entered. The register so maintained shall be kept upto-date
by endorsing, from time to time, all additions or corrections thereto.
(ii) The list of donors who have donated Rs. 25,000 or more shall be
prepared by the principal and scrutinised by the University Auditor and approved
by the Syndicate.
(iii) The list of donors containing names of all such donors from whom
donations have been received up to 31st July shall be published every year by
31st August and put up on college and University Notice Boards and intimation
thereof shall be notified in a newspaper.
(iv) Every objection relating to inclusion or non-inclusion of the name of
any person in the list of donors shall be filed before the Registrar within 15
days of the publication of the Notice in the Newspapers and the Syndicate, after
considering the objections, if any, shall decide the matter.
(v) The list of donors, as finally approved by the Syndicate shall form
the
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basis for election, if any, to be held before the publication of the next
list.
Terms of membership
3. (i) The terms of office of the members of the Governing Body other than
teacher-member and University Representative shall be for a period of 3 years
from the date of their election, nomination or Corporation, as the case may be,
and shall include any further periods not exceeding 3 months that may elapse
between the expiry of their terms and the next election, nomination or
co-option. The term of officer of the University Representative and teacher
member shall be for a period of one academic session:
Provided that term of office of any member other than ex-officio member
may be terminated, any time, by the Syndicate on the recommendation of the
Vice-Chancellor if the continuance of the member is not in the interest of the
college.
(ii) The Principal shall within 21 days of the election or nomination of
the members under clauses (ii) to (vi) of sub-section (1) of section 60 of the
Act, as the case may be, convene a meeting to co-opt a member as required under
clause (vii) of this sub-section.
(iii) The Principal shall report the name of member co-opted to the
Registrar within seven days of the co-option.
1 (vi) The Principal shall, with the approval of
the Vice-Chancellor and within 21 days of the co-option of member under article
3 above shall call a meeting of the Governing Body. The Governing Body at its
meeting shall elect the following office bearers from amongst its member.
(a) President
(b) Secretary
Provided that in the case of colleges owned and maintained by Government,
the term of office and the manner of election of the office bearers shall be
determined by the Government:
Provided further that in the case of college established and administered
by the minorities based on religion or language or Medical/Engineering college
other than those maintained by the Government the term of office and manner of
selection of the office-bearers shall be determined by the Syndicate after
considering the advice of the sponsors authorities of the college concerned.
(v) Notwithstanding anything contained in the foregoing provisions persons
prosecuted or convicted under the D.I.R. or M.I.S.A. or any other such law shall
not be eligible to be or to continue as a member of the Governing Body or Ad-hoc
committee.
(vi) 4 members of the Governing Body shall form a quorum for the meeting
of the Governing Body.
(vii) Any member except an ex-officio member who fails to attend
four con- secutive meetings of the Governing Body of the college of which he is
a member without obtaining leave may be declared by the Syndicate to have
vacated his seat in the Governing Body and all such vacancies shall be filled up
in the manner prescribed.
(viii) The Governing Body of every admitted college shall meet at least 4
______________________________________
Earlier clauses deleted vide Chancellor' Memo. No. MU/26/77-5741/GS (1)
dated 25.8.1977
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Manual of Bihar Universities Laws
times in a year and not more than 4 months shall elapse between two
meetings.
(ix) A true copy of the proceedings of all meetings of the Governing Body
with a copy of the agenda shall be forwarded to the University within a
fortnight of the meeting.
(x) No act or proceedings of the Governing Body of a college be
invalidated merely by reason of the existence of a vacancy or vacancies among
its members.
4. The Governing Body of every admitted college shall adopt the model
rules of business framed by the Syndicate with such modification as may be
deemed necessary provided that the modifications so made shall not be effective
unless approved by the Syndicate.
Functions of Governing Body
5. Except in the case of colleges owned and maintained by the Government,
the Governing Body of an admitted college shall:-—
(a) pass with or without modification
the annual accounts and annual budget estimates prepared by the Principal.
(b) make appointment against
sanctioned posts of teachers subject to the provisions of the Act.
(c) make appointment of non-teaching
staff, other than inferior staff within the budget provision against sanctioned
posts.
(d) on the application being
recommended or forwarded by the Principal grant all kinds of leave except casual
and quarantine leave, which will be granted by the Secretary.
(e) constitute selection
committee/committees for appointment of various categories of staff excluding
inferior staff.
(f) be responsible for
compliance with orders and directions of the University.
(g) be responsible for the enforcement
and observance of the laws and directions of the University.
(h) consider, examine and sanction all
proposals of scheme for improvement and expansion of the college.
(i) exercise general supervision
over all financial and administrative matters relating to the college.
President
6. The President shall be the head of the Governing Body and :—
(a) shall preside at the meetings of the
Governing Body and either record the proceedings of the meeting of the Governing
Body himself or get them recorded and sign the same, provided that in the
absence of the President the members present at the meeting may elect a chairman
for the meeting from amongst themselves.
(b) may when he considers it necessary
in the interest of the college direct the Secretary to convene a meeting of the
Governing Body and the Secretary shall comply with the same.
(c) may direct the Secretary and or
the Principal to comply with the directions of the Governing Body and implement
the decisions of the Governing Body within a date fixed by him and ask for a
compliance report thereof.
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Part II [ 199
(d) may inspect the college, its
office, buildings, laboratories, workshops, equipments, store and records and
shall have a right of making an inquiry in respect of any matter connected with
college and submit a report to the Governing Body with such suggestions as he
may deem necessary and shall send a copy of the same to the Vice-Chancellor.
(e) shall see that the proceedings of
the Governing Body are carried on in accordance with the provisions of the Act,
Statutes, Ordinance, Regulations and Rules of the University and report to the
Vice-Chancellor every proceedings which are not in conformity with such
provisions.
Secretary
7. The Secretary of the Governing Body of every admitted college shall be
agent and executive officer of the Governing Body and shall:—
(a) convene meetings of the Governing
Body, prepare agenda thereof including items suggested by the Principal and the
President.
(b) carry on correspondence with the
University and the Government and others with regard to the decisions of the
Governing Body and give effect to the decisions of the Governing Body.
(c) on applications being forwarded or
recommended by the Principal grant all other kinds of leave to the staff
according to the laws of the University in anticipation of the sanction of the
Governing Body, where sanction is needed.
(d) be responsible for taking such
action on behalf of the Governing Body as he may be authorised to take or which
may become necessary in view of any decision of the Governing Body.
(e) grant to the Principal, casual or
quarantine leave or permission to leave the station.
(f) be responsible for the
compliance of the orders and directions of all lawful authorities.
(g) be responsible for the enforcement
and observance of all the laws and direction of the University.
(h) inspect the college, its
buildings, laboratories, workshops, equipment-store and records and have access
to all records any time and power to sign the entries made therein.
(i) may with the approval of the
President seal and seize any record of the college for specific period and give
a receipt to the Principal of the records seized or taken in his possession
provided that when any action is taken under this clause report shall be sent to
the Vice-Chancellor alongwith records seized and justification for seizure.
Principal
8. In every admitted college, the Principal shall be the head of the
college and shall:—
(a) assign duties (Teaching,
administrative & extra-curricular) to the staff of the college and supervise the
performance of these duties by them;
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(b) be responsible for the maintenance of
discipline in all its aspects in the college and for that purpose shall have
power to take such action as may be necessary subject to the laws of the
University.
(c) have powers to make appointment of
inferior staff against sanctioned posts within the budget provisions;
(d) grant casual or quarantine leave or permission
to leave the station to the member of the staff of the college;
(e) be the custodian of all records of the
college;
(f) carry on all correspondence, except
those mentioned in clause (b) of Article 7;
(g) subject to the control and direction of
the Syndicate and the Academic Council, have powers to make rules not
inconsistent with the laws of the University, relating to departments, Clubs,
Societies, Staff and Students Union of the college, and submit copy thereof to
the Governing Body and the University for information;
(h) be responsible for the enforcement and
observance of the laws and directions of the University;
(i) be responsible for compliance of the
orders and direction of all lawful authorities including the Governing Body of
the college;
(j) report to the Vice-Chancellor every
proceeding of the Governing Body which is not in conformity with the provisions
of the Act, Statutes, Ordinance, Regulation and the Rules of the University or
Rules of the college.
9. In case of any difference between the Principal and the Secretary of an
admitted college on any matter concerning the college either of them may refer
the matter to the Governing Body, and in case of any difference between the
Principal and the Governing Body on any matter covering the college, the matter
may be referred to the Vice-Chancellor by the Principal or the Secretary whose
decision thereon shall be final.
10. If the Vice-Chancellor is satisfied that due to gross mismanagement or
financial irregularities a situation has arisen where the continuation of the
President or the Secretary of the Governing Body is not in the interest of the
College or the University, he may move the Syndicate to remove the President or
the Secretary provided that the Vice-Chancellor will give reasonable opportunity
to the President or the Secretary as the case may be, to show cause why he
should not be removed from office. The decision of the Syndicate shall be final.
Submission of returns and reports
11. (1) Every admitted college must maintain such registers & records as
may be prescribed by the Syndicate.
(2) Every admitted college shall submit in the form prescribed by the
Syndicate, annual and quarterly returns regarding (a) academic matters (b)
administrative matters (c) financial position and such reports as are required
to be submitted under the laws of the University or as may from time to time be
required to be submitted by the authorities and officers of the University;
(3) Every admitted college shall, in accordance with the Regulations,
provide sufficient facilities for lecturers, tutorial and practical work for its
students
and keep a record of such work and shall, every six months, submit statements in
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forms prescribed by the Academic Council, showing the number of lecturer,
tutorial and practical classes during the period.
Inspection
12. Every admitted college with its accounts, registers, proceeding of
meetings, and other records, must be open at all times for inspection by the
President the Secretary of the Governing Body and any officer or officers of the
University appointed for the purpose or authorised by the Syndicate or the
Academic Council or the Vice-Chancellor to conduct any inspection or inquiry.
Games and Physical Training
13. (1) Every admitted college shall provide adequate and suitable space
for outdoor and indoor games and physical exercises, and shall have on its staff
a trained physical instructor of the qualification prescribed by the University.
(2) Every admitted college shall provide for facilities for organization
of N.C.C. or N.S.S. or other military drill or training recommendation by
Government and approved by the Syndicate.
Medical
14. (1) Every admitted college must have one or more Medical officers of
the qualification prescribed by the University.
(2) Every admitted college must arrange for medical examination in the
manner prescribed by the Syndicate of all its students at regular intervals and
for the medical aid of students residing in college hostels or approved messes.
(3) For the above purpose the college shall be entitled to levy an annual
charge from each student.
Fees and Annual Charges
15. Every admitted college shall charge from students such fees as may be
prescribed by the Ordinance and annual charges as may be fixed by the Governing
Body and communicated to the University:
Provided that the Governing Body shall comply with any direction issued by
the Syndicate regarding any change proposed to the levies by the Governing Body
other than those prescribed by the Ordinance.
Library
16. Every admitted college shall adopt the model library rules to be
framed by the Academic Council with such modifications as may deemed necessary,
but the modifications shall become effective only when approved by the Academic
Council.
Committee for free studentship
17. (1) There shall be a committee in every admitted college for the
purpose of granting free-studentship to students, consisting of the Principal,
the Secretary and the teachers representative on the Governing Body and two
other persons nominated by the Governing Body of whom one shall be a teacher and
the other a representative of the students of the particular class, the cases of
which for grant of freestudentship are to be considered by the Committee. The
student representative will be associated with the committee only at the time of
consideration of the application of students of his class. The term of office of
the members shall be for one academic year.
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(2) Every admitted college grant free-Studentship every year to 12/1/ 2%
or such other precentage as may be prescribed by the Syndicate from time to time
of the total strength of students (excluding the scheduled caste and scheduled
tribe students) admitted in the college. The Principal shall call for
applications and get a list of deserving applicants prepared, which shall be
placed before the sub-committee for award of free studentship. A report of grant
of the studentship shall be submitted to the University by the 31st
December of every year.
(3) All other kinds of help and aid may be given from time to time by the
Principal.
Vacation & Holidays
18. (1) The maximum number of holidays during a calender year in any
admitted college shall not exceed 166 days inclusive of Sundays and total
holidays. All colleges except Technical and Professional Colleges shall adopt
the list of holidays laid down by the University.
(2) No additional holidays in honour of visit of personality shall exceed
one day, except when granted by the President of India, Governor or Chancellor;
Provided that the total of such holidays in a year shall not exceed seven
days.
Professor-in-Charge of the college
19. (1) The Principal of an admitted college, except of college owned and
maintained by Government, shall, when leaving the station during the working
days either on duty or on leave, take from the Secretary or in his absence from
the President of the Governing Body permission to leave the station, and shall
nominate the senior most teacher available in-charge of the college during his
absence.
(2) If the principal of an admitted college, except of a college owned and
maintained by Government is not detained during a vacation and intends to go out
of the station, he shall nominate a teacher whom he thinks fit to be in-charge
of the college for the period of his absence and shall get it approved, before
the vacation begins, by the Secretary or in his absence by the President of the
Governing Body.
Stock taking
20. (1) Stock taking of the college library books, furniture, apparatus,
chemicals, athletic and medicinal stores and hostel and common room equipments
of every admitted college shall be done once a year by a member or members of
the teaching staff, other than the teachers in charge, nominated by the
Principal for the purpose and the report or reports on such stock-taking shall
be placed before the Governing Body for consideration at its meeting.
(2) The report or reports of such annual stock-taking with the resolution
of the Governing Body thereon and the result of any action taken in pursuance
thereof, shall be open for perusal by University Inspector or Auditors.
Grant-in-aid
21. All applications for grant-in-aid shall be made by the Governing Body
of an admitted college in the manner prescribed by rules made by the Syndicate
Statutes
Part II [203
College fund & accounts
22. (1) Save as otherwise directed by the Syndicate the different funds of
every admitted colleges shall be kept separately in a Scheduled Bank, Post
office, saving Bank or Banks approved by the syndicate in the name of the
college; and (a) the General Fund shall be operated and administered jointly by
the Principal and the Secretary in accordance with the sanction and budget, (b)
the Students Fund shall be operated by the Principal of the college and (c) the
Trust Fund, the Reserve Fund, the Building Fund and other Funds shall be
operated jointly by the Secretary and the Principal in accordance with the
directions of the Governing Body :
Provided that the Principal shall obtain the previous approval of the
Governing Body of the college concerned for all orders to be placed, or all
contracts to be entered into, relating to non-recurring items of expenditure
included in the budget and exceeding rupees one thousand :
Provided further that in absence of the Secretary, the Vice-Chancellor may
authorise the operation and administration of the funds noted in (a) and (c)
jointly by the Principal and such other member of the Governing Body as the
Vice-Chancellor may deem fit, if the Vice-Chancellor is satisfied that the
operation of funds cannot be stayed without detriment to the interest of the
college.
(2) Every admitted college shall maintain its accounts in such manner and
in such account books as may be prescribed by rules made by the Syndicate.
(3) All account books and connected vouchers etc. shall be open to
examination by any officer entitled to visit the college or by any person
appointed by the Governing Body or the Syndicate to examine or audit the
accounts.
(4) Every admitted college shall maintain Provident Fund and Gratuity Fund
accounts in such manner as may be prescribed by rules made by the Syndicate.
College Buildings & Furniture
23. (1) All buildings for holding classes and for residence of the
Students and staff of every admitted college shall be constructed after the
plans and estimates have been approved by the Syndicate
(2) In the case of any existing building the Syndicate may, from time to
time direct necessary alterations to be made within a special period.
(3) Every admitted college, except those maintained by Government or whose
buildings are maintained by the P.W.D. shall set apart and transfer to a
Depreciation Fund a minimum of one percent of its gross annual income, out of
which expenses on maintenance, repairs and alterations of buildings and also
repairs and replacement of electric fittings and furnitures shall be met.
College Staff
24.(1) Subject to the provisions of the Statute made in that behalf,
teachers of every admitted college shall be appointed within the budget
provision and may be suspended, dismissed or discharged by the Governing Body in
accordance with the provisions laid down in the Ordinance and the Statutes.
(2) The non-teaching and ministerial staff of every admitted college shall
be appointed on sanctioned posts and within the budget provision and may be
suspended, dismissed or discharged by the Governing Body.
The non-teaching staff shall have the right of appeal to the Syndicate
within thirty days of receipt of any such order.
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(3) The inferior staff of every admitted college shall be appointed on
sanctioned posts and within the budget provision and may be suspended, dismissed
or discharged by the Principal, subject to a right of appeal by the aggrieved
person to the Governing Body of the college within 30 days of receipt of any
such order.
Co-ordination of facilities available in different colleges.
25(1) The Syndicate may, in consultation with the Academic Council or the
motion of the Academic Council direct, in Selected areas, making of arrangement
for delivery of lectures jointly to the students of two or more Colleges of
University Departments or Institutes on subjects of Courses of instruction
common to them.
(2) The Syndicate may, in consultation with the Academic Council or on the
motion of. the Academic Council, also arrange, in selected areas, courses of
lectures to be delivered in any college, Institute or University department
attached to it, by qualified teachers of another college Institute or University
Department in the area on a subject or subjects which form part of courses of
instruction in the College, Institute or University Department.
(3) Attendance of students at courses of lecturers under clauses (1) & (2)
of this Article shall, for the purposes of attendance certificate be deemed to
be attendance put in the College or Institute or University Department to which
they belong.
(4) The Syndicate may also make arrangement in selected areas for the use
of the library, laboratory, museum and other facilities available in one College
or Institute or University Department to the students of another College or
Institute or University Department in that area.
Restriction on enrolment of students
26. The Syndicate may, in consultation with the Academic Council and for
reasons to be stated require any admitted college either permanently or for
specified period to restrict the number of students in any class or subject or
require the teaching in a college to be confined only to some particular
subject. Any such direction or order of the Syndicate shall be given effect from
the ensuing academic year after the direction or order is received.
Abolition or suspension of college subjects or classes
27. (1) No admitted college, or any of its faculties, subjects or classes
in which teaching has been started shall be suspended or abolished by the
Governing Body of any college without obtaining the previous approval of the
Syndicate.
(2) In cases where any such suspension or abolition is approved by the
Syndicate, the same shall be immediately notified and shall take effect from the
ensuing academic year.
(3) If any admitted college, which has received grant in-aid is suspended
or abolished or has otherwise ceased to function or any of its faculties or
classes are suspended or abolished or has otherwise ceased to function, the
University may claim refund of a fair and reasonable proportion of its assets or
savings from Governing Body of the College. If they fail to reach any agreement
the matter shall be referred to the Chancellor, whose decision shall be final.
Suspension or dissolution of Governing Body or cancellation of
grant-in-aid.
28. (1) The Syndicate may on its own motion or at the instance of the
Vice-Chancellor (i) suspend the Governing Body for a specific period or (ii)
dissolve a
Statutes
Part II [ 205
Governing Body and order its re-constitution, or (iii) cancel grant-in-aid
to the college concerned, if in the opinion of the syndicate any such action is
necessary to be taken for any one or more of the following reasons :—
(a) that the college has failed to comply with the
directions issued by the Syndicate under the laws of the University within a
specific time,
(b) That the college has failed to observe the
provisions of the laws of the University,
(c) That the accounts of the grants made to the college
have been improperly utilised, and
(d) That the affairs of the college in the opinion of
the Syndicate have been grossly mismanaged:
provided however, that the before ordering suspension; or dissolution of
the Governing Body or before passing any other order indicated above the
Syndicate shall give a reasonable opportunity to the Governing Body to show
cause against such action.
(2) The Syndicate shall, in case any order for suspension or dissolution
of a Governing Body is passed, appoint an Ad-hoc committee to exercise the
powers and perform the duties of the Governing Body until expiry of the period
of suspension or the re-constitution of the Governing Body, as the case may be,
Staff Council
29. Every admitted college shall have a staff council constituted under
the rules framed by the Syndicate in this behalf, of the teachers of the
College, which shall function purely as an advisory body to advise the Principal
on all academic matters and extra curricular activities. On its own initiative
or on reference by the Principal, the Staff Council shall meet at least twice
during an academic year.
30. All actions taken for the formation and constitution of the Governing
Bodies of admitted colleges before these statues came into force and all actions
taken by such Governing Bodies shall be deemed to be valid for the purpose of
these Statues unless there is anything repugnant to the provision of these
Statutes.
31. Where the services of an employee of an admitted college are required
by the University, the employee concerned shall have a lien on his post in the
admitted college for such period as the Syndicate may decide.
·