Bihar State Universities (Amendment) Act, 2007

Preamble- Be it enacted by the Legislature of the State of Bihar in the fifty
eighth year of the Republic of India as follows:-

1. Short title, extent and commencement- (1) This Act may be called the
Bihar State Universities (Amendment) Act, 2007

(2) It shall come into force at once.

2. Deletion of words 'The Bihar State University (Constituent Colleges)
Service Commission' and 'Bihar Inter University Board' used in the
Bihar Act 23, 1976 –

The words 'The Bihar State University (Constituent Colleges) Service Commission' and 'Bihar Inter University Board' used in the Bihar State Universities Act, 1976 (Bihar Act 23, 1976) and in the Statute/Ordinance/Regulation or otherwise references made thereunder shall be deemed to be deleted.

3. Deletion of section 41 of the Bihar Act 23, 1976 – Section 41 of the Bihar
State Universities Act, 1976 (Bihar Act 23, 1976) shall be deemed to be
deleted.

4. Substitution of section 57 of the Bihar Act 23, 1976 – In the said Act for
section 57 the following shall be substituted, namely

"57 (1) - Subject to the provisions of this Act and the provisions of
the statute made thereunder appointment to the post of teachers and officers
(other than Vice Chancellor, Pro Vice Chancellor, Registrar and the Dean of
faculty) of the University shall be made by the University on the
recommendations of the Selection Committee consisting of the following
members :-

(1) The Vice-Chancellor of the University concerned;

(2) One member to be nominated by the Chancellor.

(3) One member to be nominated by the Government.

(4) Three experts not connected with the University to be nominated
by the Vice-Chancellor from a panel of not less than seven
names approved by the Academic Council for each post, out of
which at least one member should belong to scheduled
caste/scheduled tribes and two shall be from outside the state.

(5) The head of the department of the discipline concerned;

(ii) The selection committee shall prepare a merit list for appointment of
teachers and officers from amongst the eligible candidates and make
recommendation for their appointment according to merit in
conformity with the reservation roster prepared by the university in
accordance with law relating to reservation in appointment in force
in the state.

(iii) Quorum for meeting of the selection committee - Quorum for
meeting of the selection committee shall be five in which presence of
at least two experts shall be necessary.

5. Substitution of section 57A of the Bihar Act 23, 1976 –

The following shall be substituted in place of section 57A of the
Bihar State Universities Act, 1976 (Bihar Act 23, 1976).

"57A-(1) - Subject to the provisions of the Act and the Statute made
thereunder, appointment of teachers of affiliated colleges not maintained by
the State Government, shall be made by the management of the college
concerned by constituting a selection committee consisting of following
members, namely :-

(i) One member to be nominated by the Vice Chancellor who
will be the Chairman of the Selection Committee.

(ii) Three experts not connected with the College to be
nominated by the Vice Chancellor from a panel of not less
than seven names proposed by the management of the
College out of which one member should belong to
scheduled caste/scheduled tribes.

(iii) Two members to be nominated by the management of the
College.

(iv) Principal of the college.

(2)- (i) Quorum for meeting of the selection committee – Five members of
the selection committee which shall include at least two experts shall form a
quorum for meeting of the selection committee.

(ii) The selection committee shall prepare a merit list for appointment of
teachers from amongst the eligible candidates and make recommendation for their
appointment to the management of the college according to merit in conformity
with the reservation roster, prepared by it in accordance with the law relating to
reservation in appointment in force in the state.

6. Addition of a new section 57 B in the Bihar Act 23, 1976 - The
following new section 57 B shall be added after section 57 A of the Bihar State
Universities Act, 1976 (Bihar Act 23, 1976) :-

"57 B- Procedure of selection to be prescribed by the Statute-
Notwithstanding anything contained in any provision of this Act, Rule, Statute,
Ordinance, or any other law for the time being in force, the Selection Committee
constituted under section 57 and 57 A of this Act shall be bound by the procedure
of selection to be prescribed by Statute to be framed by the University in
accordance with procedure prescribed under the Act".

7. Deletion of section 58 of the Bihar Act 23, 1976 – Section 58 of the Bihar
State Universities Act 1976 (Bihar Act 23, 1976) shall be deemed to be deleted.

8. Saving - 58-A: Notwithstanding substitution of section 57, 57-A and
deletion of section 58 of the Act, any thing done or decision or action taken shall
be deemed to have been validly taken and shall not be open to question on the
ground of substitution or deletion of section 57, 57-A and section 58 of the Act.