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The Bihar State Universities Act, 1976

Section 10

10. 3[“(1)(i) Persons of the highest level of competence, integrity, morals and institutional commitment are to be appointed as Vice-Chancellor. The Vice-Chancellor to be appointed should be a distinguished academician, with a minimum of ten years of experience as Professor in a University system or ten years of experience in an equivalent position in a reputed research and/or academic administrative organization. (ii) The selection of Vice-Chancellor should be through proper identification of a Panel of 3-5 names by a Search Committee through a public notification or nomination or a talent search process or in combination. The members of the above Search Committee shall be persons of eminence in the sphere of higher education and shall not be connected in any manner with the University concerned or its colleges. While preparing the panel, the search committee must give proper weightage to academic excellence, exposure to the higher education system in the country and abroad, and adequate experience in ________________________ 1. Ins by Act 68 of 1982. 2. Ins. by Act 3 of 1990 and Sub-Sec. (7) renumbered as Sub-Section (8). 3. Subs by Act 14 of 2013
academic and administrative governance to be given in writing along with the panel to be submitted to the Chancellor, (iii) Following shall be the constitution of the Search Committee. (a) A member nominated by the Chancellor, who shall be an eminent, Scholar/Academician of national repute or a recipient of Padma Award in the field of education and shall be the Chairman. (b) The Director or Head of an institute or organization of national repute, such as, Indian Institute of Technology, Indian Institute of Science, Indian Space Research Organization, National Law University or National Research Laboratory or Vice-Chancellor of a statutory University nominated by the Chancellor as Member. (c) A member nominated by the State Government who shall be an eminent Academician and have full knowledge of the academic structure and problems of higher education of the State.” (2) The Vice-Chancellor shall be appointed by the Chancellor in consultation with the State Government. 1[(3) (a) The Vice-Chancellor shall be whole-time officer and shall hold office during the pleasure of the Chancellor. (b) Subject to the foregoing provisions of this section the Vice-Chancellor shall ordinarily hold office for a term of three years and on the expiry of the said term he may be reappointed by the Chancellor in consultation with the State Government and he shall hold office at the pleasure of the Chancellor for a term not exceeding three years.] 1[(4) (i) mudh fu;qfDr ds vU; cU/kst vkSj 'krZ jkT; ljdkj ds ijke’kZ ls dqykf/kifr vo/kkfjr djsaxsA (ii) tgk¡ dqyifr ds :Ik esa fu;qfDr O;fDr dsUnz ;k jkT; ljdkj ;k fdlh fo’ofo|ky; ls ;k fdlh vU; Jksr ls isa’ku ikrk gks ogk¡ mls ns; isa’ku dh jkf’k dks mls ns; isa’ku dk va’k ekuk tk;sxkA] (5) The Vice-Chancellor shall be the principal executive and academic officer of the University, the Chairman of the Syndicate and of the Academic Council and shall be entitled to be present and speak at any meeting of any authority or other body of the University and shall in the absence of the Chancellor preside over meetings of the Senate and of any convocation of the University: Provided that the Vice-Chancellor shall not vote in the first instance but shall have and exercise a casting vote in the case of an equality of votes. (6) The Vice-Chancellor shall subject to the provisions of this Act, the Statutes and the Ordinances have power to make appointment to posts within the sanctioned grades and scales of pay and within the sanctioned strength of the ministerial staff and other servants of the University not being teachers and officers of the University and have control and full disciplinary powers over such staff and servants. 2[(7) dqyifr dks flusV] mldh lfefr;ksa ,oa mi&lfefr;ksa] flUMhdsV] mldh lfefr;ksa ,oa mi&lfefr;ksa] fo}r ifj"kn ,oa fo’ofo|yk; ds vU; izkf/kdkjksa dh cSBd cqykus dh 'kfDr gksxh ,oa og mu cSBdksa dk insu lHkkifr gksxk rFkk viuh vyH;rk ds dkj.k fdlh vU; vf/kdkjh dks cSBd cqykus ,oa mldk lHkkifrRo djus gsrq izkf/kd`r dj ldsxkA] (8) The Vice-Chancellor shall have the powers to visit and inspect the Colleges and buildings, laboratories, workshops and equipments thereof and any other institution associated with the University, and he shall have the right of making an inquiry or causing an inquiry to be made, in like manner in respect of any matter connected with such Colleges and institutions. (9) The Vice-Chancellor shall address the Principal of such College with reference to the result of such inspection or inquiry and, thereupon, it shall be the duty of such Principal to communicate the views of the Vice-Chancellor to the governing body of the College and ___________________________ 1. Subs. by Act 3 of 1990. 2. Subs. by Act 68 of 1982.
[ to report to the Vice-Chancellor such action if any, taken or proposed to be taken upon the result of such inspection or inquiry. (10) It shall be lawful for the Vice-Chancellor to issue, from time to time any direction to the Principal of a College in which post-graduate teaching conducted under clause (16) of section 4 and such Principal shall comply with as such directions accordingly. 1[(11) The Vice-Chancellor shall exercise general control over the educational arrangement of University and shall be responsible for the discipline of the University. It shall be lawful for the Vice-Chancellor to take all steps which are necessary for maintaining the academic standard and administrative discipline of the University.] (12) If at any time, except when the Syndicate or the Academic Council is in session, the Vice-Chancellor is satisfied that an emergency has arisen requiring him to take such immediate action involving the exercise of any power vested in the 2[Syndicate or Academic Council] by or under this Act, the Vice-Chancellor shall take such action as he deems fit, and shall report the action taken by him to such authority which may either confirm the action so taken or disapprove of it. (13) It shall be the duty of the Vice-Chancellor to see whether the proceeding of the University are carried on in accordance with the provisions of this Act, the Statutes, the Ordinance, the Regulations and the Rules or not and the Vice-Chancellor shall report to the Chancellor every proceeding which is not in conformity with such provisions. For so long as the orders of the Chancellor are not received on the report of the Vice-Chancellor that the proceeding of the University is not in accordance with this Act, the Statutes, the Ordinance, the Regulations and the Rules the Vice-Chancellor shall have the powers to stay the proceeding reported against. 3[(14) dqyifr dks fo’ofo|ky; }kjk ?kksf"kr fdlh foHkkx ;k egkfo|ky; ds fdlh f’k{kd dks dqykf/kifr }kjk Lohd`r ekxZ funsZ’kd fl)kar ds vuqlkj ml fo’ofo|ky; }kjk ?kksf"kr fdlh vU; foHkkx ;k egkfo|ky; ds fdlh led{k in ij LFkkukUrfjr djus dh 'kfDr gksxhA] 4[IIustration–‘equivalent post’ means Reader and Principal in the pay scale of Reader, Professor and Principal in the pay-scale of Professor.] 3[(15) The Vice-Chancellor shall exercise such other powers and perform such other duties as are conferred or imposed on him by this Act, the Statutes, the Regulations or the Rules.] 4[(16) The Vice-Chancellor shall have overall responsibility in maintaining good academic standard and promoting the efficiency and good order of the University. (17) Save as otherwise provided in the Act, or the Statutes the Vice-Chancellor shall appoint officer (other than the Pro-Vice-Chancellor) with the approval of the Chancellor, and teachers and shall define their duties; (18) The Vice-Chancellor shall have power to take disciplinary action against all employees of the University including officers and teachers of the University; (19) An appeal shall lie to the Chancellor against the order of the Vice-Chancellor imposing the penalty of dismissal, removal from service or reduction in rank.] ________________________________ 1. Subs. by Act 3 of 1990. 2. Subs. by Act 68 of 1982. 3. Ins by ibid and existing sub.sec. (14) made (15) thereof. 4. Ins. by Act 3 of 1990.
Legislative changes (after 1982)–This section has registered following changes; (i) Substitution of sub-sections (3), (4), (11), (ii) Insertion of illustration to sub-section (14), and (iii) Insertion of sub-sections (16) to (19). The amendments having started from Ordinance 39 of 1986 till Act 3 of 1990 provides different date of effect to the different amendments made in the section. The sate of effect for the substitution of sub-section (11), insertion of illustration to sub-section (14) and insertion of sub-section (16) to (19) is 17.12.1986 when Ordinance 39 of 1986 was promulgated. The substitution of sub-section (3) is effective from 18.04.1987 when Ordinance 13 of 1987 was promulgated. The substitution of sub-section (4) is effective from 30.01.1990 being the date of enactment of Act 3 of 1990. Sub-sections–(3), (4) and (11) originally read as follows:– “(3) The Vice-Chancellor shall be a whole time officer and shall hold office for a period of three years with effect from the date on which he assumed charge. On the expiry of the said period, he may be re-appointed for another term not exceeding three years.” “(4) (i) The Vice-Chancellor shall be paid a salary of three thousand rupees per menses. Other terms and conditions of his appointment shall be determined by the Chancellor in consultation with the State Government. (ii) Where the person appointed as Vice-Chancellor is in receipt of a pension from Central or State Government the amount of the pension payable to him shall be treated as part of the salary specified in clause (i).” “(11) The Vice-Chancellor shall give effect to the orders of the Syndicate regarding the appointment, transfer, dismissal or suspension of an officer or teacher of the University and shall exercise general control over the educational arrangements of the University and shall be responsible for the discipline of the University.”

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