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The Patna Universities Act, 1976

Section 11

11. The Vice-Chancellor.- 3[�(1)(i) Persons of the highest level of competence, integrity, morals and institutional commitment are to be appointed as Vice-Chancellors. 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 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 of 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 Chancellor, in consultation with the State Government from amongst persons having qualification as mentioned in sub-section (1) 2[and he shall hold office during the pleasure of the Chancellor.] 2[(3) The Vice-Chancellor shall be 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.] Amendment Act 18 of 1993. [Publishers Note:- The Amendment made by the above Act for Sub-Section 3 of Section 11 of the Patna University Act, 1976 is not clear so we are giving the Amendment in full for the facility of the reads. �(ii) In Sub-Section (3) before the words �The Chancellor� the words �Subject to the foregoing provisions of this Section� shall be inserted.�] _____________________________________ 1. Subs. by Act 67 of 1982 2. Ins. by Act 18 of 1993 3. Subs. by Act 13 of 2013. Sec. 11] Patna University Act, 1976 Part I [79 (4) (i) 1[x x x x x] Other terms and conditions of his appointment shall be determined by the Chancellor in consultation with the State Government. 2[(ii) Where the person appointed as Vice-Chancellor gets pension from the Central or the State Government or any University or from any other source, the amount of pension due to him from such source shall be deemed to be the part of his salary as Vice-Chancellor.] (5) The Vice-Chancellor shall be the Principal executive and academic officer of the University, 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 at meeting of the Senate and 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, made thereunder, 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 servant of the University, not being teachers and officers of the University, and have control and full disciplinary powers over such staff and servants. 3[(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|ky; 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 ldsxk A (8) The Chancellor shall have the right to visit and inspect the Colleges and building, laboratories, workshops, and equipments thereof and any other institutions associated with the University. (9) The Vice-Chancellor shall carry out the orders of the Syndicate in respect of appointment, transfer, discharge or suspension of officers and teachers of the University, and shall exercise general control over the educational arrangement of the University, and shall be responsible for the discipline of the University. (10) If 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 immediate action involving the exercise of any power vested in 1[the Syndicate or the 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. (11) Subject to the provision of this Act, it shall be the duty of the Vice-Chancellor to see whether the proceedings of the University are carried out in accordance with the provisions of this Act, the Statutes, the Ordinances, the Regulations and the Rules or not, and the Vice-Chancellor shall report to the Chancellor every such proceeding which is not in conformity with such provisions. Till such time as the orders of the Chancellor are not received on the report of the Chancellor that the proceedings of the University is not in accordance. ______________________________________ 1. Omitted by Act 18 of 1993. 2. Subs. by ibid. 3. Subs. by Act 67 of 1982. 80 ] Part I Manual of Bihar Universities Laws [Sec. 11 With this Act, the Statutes, the Ordinances, the Regulation and the Rules, the Vice-Chancellor shall have the powers to stay the proceeding reported against. 1[(12) 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 dks �kfDr gksxh A] 2[(13) 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. 3[(14) The Vice-Chancellor shall have overall responsibility in maintaining good academic standard and promoting the efficiency and good order of the University. (15) Save as otherwise provided in the Act, or the Statutes the Vice-Chancellor shall appoint officers (other than the Pro-Vice-Chancellor) with the approval of the Chancellor, and teachers and shall define their duties. (16) The Vice-Chancellor shall have power to take disciplinary action against officers, teachers and all employees of the University. (17) 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. Legislative changes (after-1982)- This section has registered following changes: (i) Substitution of sub-section (3) and (9) (ii) Insertion of illustrations to sub-section (12), and (iii) Insertion of sub-sections (14) to (17) The amendments having started from the Ordinances 35 and38 of 1985 and 1986 respectively lasted till-the life of Ordinance 15 of 1992. Sub-section (3) after its substitution by Ordinance 35 of 1995 read as follows: �(3) (a) The Vice-Chancellor shall be a 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.� By Ordinance 38 of 1886 this section was further amended as per details given above [(i) to (iii)]. Sub-section (9), Illustration to sub-section (12) and sub-sections (14) to (17) read as follows:- �(9) The Vice-Chancellor shall exercise general control over the education arrangement of the 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.� In sub-section (12), the following illustration shall be added, namely:- �Illustration. -�equivalent post� means Reader and Principal in the pay scale of Reader; Professor and Principal in the pay scale of Professor.� After sub-section (13), the following new sub-section shall be added; namely: �(14) The Vice-Chancellor shall have overall responsibility in maintaining good academic standard and promoting the efficiency and good order of the University. (15) Save as otherwise provided in the Act, or the Statutes the Vice Chancellor shall appoint officers (other than the Pro-Vice-Chancellor) with the approval of the Chancellor, and teachers and shall define their duties. (16) The Vice-Chancellor shall have power to take disciplinary action against all employees of the University including officers and teachers of the University. ________________________________________ 1. Ins. by Act 67 to 1982. 2. Renumbered by ibid. 3. Ins. by Act 18 of 1993. Sec. 12-13] Patna University Act, 1976 Part I [81 (17) 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.� Again by Ordinance 15 of 1993 sub-section (3) and (4) (i) were substituted. The following are the texts of sub-sections (3) & (4) (i) after substitution:- �(3) The Vice-Chancellor shall be appointed by the Chancellor in consultation with the State Government. He shall be a whole-time Officer and shall hold office during the pleasure of the Chancellor, ordinarily, for a term of three years. On the expiry of the said term not exceeding three years.� �(4) (i) The terms and conditions of the appointment of the Vice-Chancellor shall be determined by the Chancellor in consultation with the State Government.� By Act 18 of 1993 sub-section (11) was substituted. The following are the text of sub-section (ii) prior to its substitution. �(11) Subject to the provisions of this Act, It shall be the duty of the Vice-Chancellor to see whether the proceedings of the University are carried out in accordance with the provisions of this Act, the Statutes, the Ordinances, the Regulations and the Rules or not, and the Vice-Chancellor shall report to the Chancellor every such proceeding which is not in conformity with such provisions. Till such time as the orders of the Chancellor are not received on the report of the Vice-Chancellor that the proceedings of the University are not in accordance with this Act, the Statutes, the Ordinances, the Regulations and the Rules, the Vice-Chancellor shall have the power to stay the proceeding reported against.�

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