Amendment in Section 57 of Bihar Act 23, 1976

Section 3 of Bihar State University (Amendment) Act, 2013 deals with amendment in Section 57 of Bihar Act 23, 1976. In the said Act Section-57 shall be amended as follows , namely :- (a) before the existing clause (i) including heading following new sub section (1) shall be inserted;

In the said Act Section-57 shall be amended as follows , namely :- (a) before the existing clause (i) including heading following new sub section (1) shall be inserted; namely :- "57 Appointment to the post of teachers in Universities and their constituent Colleges.

(1) (i) Subject to the provision mentioned in this Act and Statutes as far as possible the Commission shall perform the same function in respect of the appointments to the sanctioned posts of the teachers of Universities as are assigned to it by Article 320 of the Constitution of India in relation to the State Service.

(ii) The Commission on the recommendation of the State Government may organise an eligibility test to be called "State Eligibility Test" for appointment to the posts of Teacher (Assistant Professor) in the Universities and Constituent/Affiliated colleges under them. In this behalf, Commission shall invite subjectwise applications only from such candidates who have obtained the qualifications prescribed in the UGC Regulations, 2010 or as may be prescribed by the University Grants Commission from time to time;

Provided that, such test shall be conducted by the Commission in the light of the order issued by the State Government in conformity with the Regulations made by the University Grants Commission.

(iii) Every year the Commission shall invite subject wise applications for appointment to the posts of Teacher (Assistant Professor) in the Universities and their constituent College only from such candidates who have passed the National Eligibility Test Conducted by the University Grants Commission/Council for Scientific and Industrial Research/State Eligibility Test and obtained minimum qualifications prescribed by the University Grants Commission Regulations, 2010 or as may be prescribed from time to time;

Provided that, the candidates who have obtained Ph.D. Degree on the basis of Minimum Standard and Procedure Regulation, 2009 framed by the University Grants Commission for M.Phil/Ph.D Degree, shall be exempted from passing the National Eligibility Test.

(iv) The subject wise vacancies including the presumed vacancies of the next calendar year alongwith the Reservation roster shall be forwarded to the Commission by the Universities upto thirty first December every year.

(v) The University shall make appointments to the posts of Teacher, duly sanctioned and communicated by the State Government, only on the recommendation of the Commission and no appointment to the post of teachers shall be made by the University without the recommendation of the Commission. Commission shall comply with the conditions laid down in this Section for making recommendations for appointment to the posts of teachers of the University according to their need.

(vi) The commission shall prepare a subjectwise merit list against the vacancies communicated by the University on the basis of the interview from among the candidates applied for under clause (iii). The subject wise list shall contain the names of the candidate in order of merit double in number of the vacancies, however the commission shall forward only one name at a time to the University for appointment against vacancy;

Provided that, the commission shall recommend the names to the University in order of merit and on the basis of reservation roster sent by the University in conformity with the laws applicable to reservation in appointments in the State. Notwithstanding anything contrary to provision of this Act, Statute, the reservation policy prevalent in the Bihar State shall be applicable to all the appointments.

(vii) All the proceeding of the Commission shall be completed on daily-basis itself, which includes minutes of the meeting, the list of the candidates on the basis of merit. The records pertaining to the merit list shall be signed by the commission and the merit list of subject concerned shall be finalized on the last day of the interview of that subject.

(viii) The merit list prepared by the Commission shall be valid for one year from the date of its issue. On receipt of the recommendations of the Commission under clause (vi) the University shall make appointments per the recommendations of the commission within six months from the date of its receipt.

(ix) In respect of appointment, dismissal, removal, termination of service or demotion of teacher of the University and Constituent College, the University shall take action in consultation with the Commission in prescribed manner.

(x) The Board for selection of candidates for appointments to the posts of teachers of the University Departments and constituent Colleges shall be constituted by the commission in view of the directions communicated by the State Government in conformity with the provisions prescribed in the regulations and circulated by the U.G.C. from time to time;

Provided that at least three experts of the subjects concerned shall attend the meeting of Board organised for making recommendations for appointment.

(b) Before existing clause (i) bracket and number as sub-section "(2)" shall be added and the word "teachers" wherever occurred in this sub-section shall be substituted by the word "Principal".

Section 3, Bihar State University (Amendment) Act, 2013 (Act 17 of 2013).