The Bihar State Universities Act, 1976
Section 2
2. Definitions.- In this Act, unless there is anything repugnant in the subject or context:-
(a) ‘annual meeting’ means one of the meetings of the Senate to be held every year under sub-section (1) of section 18 and declared by the statutes to be the annual meeting of the Senate;
(b) ‘autonomous institution’ means any institution declared as such under this Act and includes a College also;
(c) ‘affiliated College’ means educational institution having received privileges of the University according to the provisions of this Act and University Statutes relating thereto;
(d) ‘Academic Council’ means the Academic Council of the University;
(e) ‘Chancellor’ means the Chancellor of the University;
2[f) ‘College’ means an institution maintained or controlled by the University or maintained by the State Government in which of section 4 to the students of the University up to or below the post graduate standard under conditions prescribed in the Statues:]
3[Provided that till separate arrangement is made for Intermediate Education, teaching of this standard also shall
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1. Published in Bihar Gazette (ex-ord.) dated 16-5-1977
2. Subs. by Act 3 of 1990.
3. Subs by Act 68 of 1982
continue to be imparted in the same College, under the general direction of the Intermediate Educations Council and that Colleges shall be deemed to be an institution imparting education of Intermediate standard also.]
g) ‘Head of College Department’ means the head of any department of the College;
h) ‘Head of a University Department’ means the head of any department maintained by the University for imparting instruction to the students of the University in the post-graduate standard under conditions prescribed in the Statues and includes the Director of any institute maintained by the University 1[ or the Government] for the promotion of research or for imparting instruction to the students of the University in the post-graduate standard;
i) ‘Constituent College’ means a teaching institution maintained or controlled by the University;
j) ‘Hostel’ means a place of residence for students of the University maintained or recognized by the University either as part of or separate from a College, in accordance with the provisions of this Act;
k) ‘Institution’ means an institution maintained or recognized by the University;
l) ‘Prescribed’ means prescribed by this Act or by the Statutes, the Ordinance, the Regulations or the Rules framed thereunder;
m) ‘Principal’ means the head of a College;
n) ‘Pro-Vice-Chancellor’ means the Pro-Vice Chancellor of the University;
o) ‘Professor’ means a teacher of a Collage possessing such qualification as may be proscribed by the Statues;
2[“p) ‘Commission’ means Bihar University Services Commission.’]
q) ‘Registered graduate means a graduate of the University who has received a degree from the University and whose name has been entered in the register of registered graduates maintained under the provisions of his Act on payment of registration fee of rupees ten to the University. It also includes a graduate of the Patna University established and incorporated under the Patna University Act, 1917 (Bihar Act XVI of 1917) who has made a proper application together with a fee of rupees ten for being registered as a registered graduate of the University:
Provided that a person, who or was deemed to be registered graduate under the Bihar State Universities (Bihar, Bhagalpur and Ranchi Universities) Act, 1960 (Bihar Act XIV of 1960), the Magadh University Act, 1961 (Bihar Act IV of 1962) or the Lalit Narayan Mithila University (second) Ordinance, 1976 (Bihar Ordinance No. LXXXVII of 1976), Shall be deemed to be a registered graduate of the University subject to the condition that the College from which he graduated falls within the jurisdiction of the University.
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1. Ins. By Act 68 of 1982.
2. Subs. by Act 11 of 2017
Explanation.-A person, who has received more than one degree of the University, shall not be required to pay such registration fee more than once;
r) ‘Reader’ means a teacher of a College or the University possessing such qualifications as may be prescribed by the Statues;
s) ‘Lecturer’ means a teacher of a College or University possessing such qualifications as may be prescribed by the Statues;
t) ‘Senate’ means the Senate of the University;
u) ‘Statutes’, ‘Ordinances’, Regulations’ and Rules means respectively the Statues, the Ordinances, the Regulations and the Rules of the University for the time being in force;
2[“v) ‘Teacher’ means person holding the post of only University Professor/ Professor/ Principal, Associate Professor (Reader) and Assistant Professor (Lecturer) and such sanctioned post in the teacher’s grade on the basis of regulations issued by the U.G.C. from time to time.
w) ‘University Professor’ means a teacher engaged in giving instruction in any department or institute maintained by the University for imparting instruction to the students of the University in the post-graduate standard or for guiding research work or both and possessing such qualifications as may be prescribed by the Statutes;
x) ‘Syndicate’ means the Syndicate of the University;
y) ‘University’ means the University established and incorporated under section 3 of this Act;
z) ‘University Fund’ means the fund of the University established under section 45 of this Act;
aa) ‘Vice-Chancellor’ means the Vice-Chancellor of the University;
ab) ‘Acharya’ means a person on whom a degree of Acharya has been conferred by the University, and includes a person possessing any such degree conferred by the Bihar Sanskrit Association or any equivalent degree recognized by the University;
ac) ‘Bihar Sanskrit Association’ means the Sanskrit Association constituted by the State Government as referred to in Chapter 8 of the Bihar Education Code(Seventh Edition);
ad) ‘Sanskrit Education Board’ means the Board constituted by the State Government for control and supervision of 1[Sanskrit Schools/Tol] for conduction examinations 1[upto Madhyama standard];
ae) ‘Director’ means head of any institute;
af) ‘Faculty’ means a faculty of the University;
ag) ‘recognition’ with all its grammatical variations, and cognate expressions means recognitions according to the provisions of this Act and Statues;
ah) ‘registered acharya’ means a person registered as such according to provision of this Act and Statues and includes an Acharya registered as such under the Kameshwar Singh Darbhanga Sanskrit University Act, 1962 (Bihar Act 21 of 1965);
ai) ‘University student’ means a person enrolled in any College, institute or recognised institute for the purpose of entry in any course of study for acquiring any degree, diploma or other academic distinction;
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1. Ins. By Act 68 of 1982.
2. Subs. by Act 14 of 2017
aj) ‘Tol’ means a Sanskrit institute recognized by the Bihar Sanskrit Association or the University for imparting instruction of Madhyama, Shastri or Acharya standard;
1[ak) ‘The Bihar State University (Constituent Colleges) Service Commission’ means the Bihar State University (Constituent Colleges) Service Commission to be constituted by the State Government for making recommendations for appointments, etc., of teachers and officers of Universities and Constituent Colleges;]
al) ‘Dean of Student’s Welfare’ means the officer appointed under section 16 of this Act;
2[am) ‘Other equivalent post’ means any other post the scale of pay of which is equivalent or as may be declared so by the State Government;]
3[an) ‘Other Backward Classes’ shall have reference to Extremely Backward, Backward Classes and Women of Backward Classes.]
Legislative changes (after 1982)- Clauses (f) of this section originally read as follows:-
“2.(f) ‘Mahavidyalaya or College’ means an institution affiliated under the privileges of this Act or maintained or controlled by the University or institution maintained by the State Government, in which, instruction is given, subject to the provisions contained in clause (16) of Section 4 to the students of the University of graduate standard under conditions prescribed in the Statues.
Provided that till separate arrangement is made for Intermediate Education, teaching of this standard also shall continue to be imparted in the same College, under the general direction of the Intermediate Education Council and that college shall be deemed to be an institution imparting education of Intermediate standard also.”
It was first amended by Ordinance 35 of 1986 which was continued by successive promulgations of different Ordinances and finally be Act 3 of 1990.
All the above amendments have not carried with it the “Proviso” which was attached with the original clause (f). However since separate arrangement for imparting teaching up to Intermediate Standard has not been fully made till now, therefore it seems that “Proviso” needs to be there with clause (f).
Clause (p) was deleted by Act 17 of 1993, although Act 17 of 1993 broke the chain of preceding Ordinances the deletion of this clause was first taken up in Act 17 of 1993 and none of the preceding Ordinances contained its deletion. Therefore the effective date of deletion of this clause is the date of Act 17 of 1993.
Clause ) ak) as originally introduced and prior to its substitution by Ordinance 4 of 1985 and finally Act 3 of 1990 read as follows:-
(ak) “College Service Commission” means the College Service Commission constituted under the College Service Commission Act 1976.”
Clause (an) was inserted by Act 17 of 1993, so the effective date from which clause (an) came into existence is the date when Act 17 of 1993 came in to force.
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