Subject to the provisions of this Act, the Senate shall have the following powers and functions:-
(i) To review the broad policies and programmes of the University and suggest measures for the improvement and development of the University;
(ii) To consider and pass resolution on the annual report, annual account, financial estimates and audit reports on such accounts of the University; and
(iii) To advice the Chancellor in respect of any matter which may be referred to it for advice.
13. Academic Council—(1) Academic Council shall consist of the following members-
(i) The Vice-Chancellor - Chairperson
(ii) The Directors
(iii) All Deans of the Faculty/Deans
(iv) All Chairman, Post-Graduate Departments
(v) Two Heads of the College Department from each faculty nominated by the Vice-Chancellor on rotational basis
(vi) One teacher of the Professor rank from each faculty to be nominated by the Vice- Chancellor on rotational basis.
(vii) One eminent agriculture educationist from outside the University to be nominated by the Vice-Chancellor.
(viii) Registrar – Member Secretary.
Comptroller and University Librarian shall be the non-member invitees.
(2) Academic Council may co-opt as members not more than two persons for such period and in such manner as may be prescribed so as to secure adequate representation of different sectors of agriculture and allied fields.
(3) All members of the Academic Council other than the ex-officio members and members referred in sub-section (2) shall hold office for a term of two years.
(4) One third of the members of the Academic Council shall form quorum at a meeting of the Council. Provided that if a meeting of the Council is adjourned for want of quorum, no quorum shall be necessary at the next meeting for the transaction of the same business.
(5) Normally the Academic Council shall meet once in each semester on such dates as may be fixed by the Vice-Chancellor. However, special meetings of the Academic Council can be called by the Vice-Chancellor.
14. Powers and Functions of the Academic Council—(1) The Academic Council shall, subject to provisions of this Act and the Statutes, have the power by regulations of prescribing all courses of study and determining curricula, and shall have control on 26 �बहार गजट (असाधारण)] 16 अूील 2010 teaching and other educational programmes within the University, and shall be responsible for the maintenance of standards thereof.
(2) It shall have power to make regulations consistent with this Act and the Statutes relating to all academic matters subject to its control and to amend or repeal such regulations.
(3) In particular, and without prejudice to the generality of the foregoing power, the Academic Council shall have power:-
(i) To advise the Board and Vice-Chancellor on all academic matters.
(ii) To make recommendation regarding teaching, research and extension education.
(iii) To make recommendations for the institution of Professorships, Associate Professorships, Assistant Professorships and other teaching posts including posts in research and extension education and in regard to the duties thereof.
(iv) To make recommendations for adjunct professorship.
(v) To make recommendations for the establishment/amalgamation/abolition of Faculty College, Department of teaching, research and extension education.
(vi) To make regulations regarding the admission of students to the university, and determine the number of students to be admitted.
(vii) To make regulations relating to the courses of study leading to degrees, diplomas and certificates.
(viii) To make regulations relating to the conduct of examinations and to maintain and improve standards of education.
(ix) To make recommendations to the Board regarding conferment of honorary degree.
(x) To make recommendations regarding the qualifications to be prescribed for teachers in the University.
(xi) To exercise such other powers and perform such other functions as may be conferred or imposed on it under the provisions of this Act, by the Board or Vice-Chancellor.
15. Faculties and Board of Studies—(1) A University shall have such faculties as may be prescribed.
(2) Each Faculty shall comprise of such department of study as may be prescribed by the Statutes.
(3) Each faculty shall consist of such members and shall have such powers and perform such duties as may be prescribed by the Statutes.
(4) Each faculty shall have Board of Studies consisting of the following members:
(i) Dean of Faculty/Dean - Chairperson
(ii) Deans of the constituent colleges of the faculty
(iii) All Chairman/Head of the Departments of the concerned faculty
(iv) One elder faculty member from each Department nominated by the Dean of Faculty
(v) A senior Head of the Department – Member Secretary
(5) The functions of each faculty shall be as follows:
(i) To review teaching programme and suggest improvement thereof.
(ii) To consider the recommendations of the Committee of Courses and Curricula or similar body of department/faculty and submit to the Academic Council for approval.
27 �बहार गजट (असाधारण)] 16 अूील 2010
(iii) To perform such other functions as may be assigned to it by the Academic Council or Vice-Chancellor.
(6) Each post-graduate department of a University shall have a chairman and each college department shall have a Head whose appointment, powers and duties shall be prescribed by the Statutes
16. Provisions in relation to Membership of Authorities—(1) Save as otherwise provided in this Act, if any member other than ex-officio member of any authority or body of the University, is unable by reason of his death, resignation, removal or otherwise to complete his full term of office, the vacancy so caused shall as soon as convenient, be filled by the appointment, nomination or co-option, as the case may be and the person so appointed, nominated or co-opted shall fill such vacancy for the unexpired portion of the term for which the member in whose place such person is appointed, nominated or co-opted would otherwise have continued in office.
(2) The Board may remove any person from membership of any authority or body of the University on the ground that such person has been convicted of any offence involving moral turpitude or conduct not befitting the office held by the concerned member with the approval of the Chancellor, except that prior approval of the Chancellor shall not be necessary where such a person has been convicted by a competent Court of law.
Provided that no such order shall be made against any person without giving reasonable opportunity of being heard.
(3) A person who is a Member of any authority or body of the University as a representative of another body whether of the University or not, shall cease to be a member of such authority or body if before the expiry of the term of his membership he ceases to be a member of that other body by which he was appointed or nominated.
(4) Whenever any person becomes a Member of any authority or body of the University by virtue of the office held by him, he shall forthwith cease to be a member of such authority or body if he/she ceases to hold such office before the expiry of the term of his membership;
Provided that he shall not be deemed to have ceased to hold his office merely by reason of his proceeding on leave for a period not exceeding four months.
(5) Any member, other than an ex-officio member of any authority or body of a University may resign his office by letter addressed to the Vice-Chancellor and such resignation, upon acceptance, shall take effect from the date on which the same is submitted.
17. Validity and Protection of Act—(1) The university shall adhere to the acts and laws of the union and the state.
(2) No act or proceeding of any authority or body of a University shall be invalid by reason of the existence of any vacancy among its members or by reason of some person having taken part in the proceedings who is subsequently found to have been not entitled to do so.
(3) Save as otherwise provided in this Act, all the acts done or orders made in good faith by the University or any of its authorities shall be final and no suit shall be instituted against or damages claimed from the University or its authority for anything done or purported to have been done in pursuance of this Act or the Statutes or the Regulations.
(4) No suit or other legal proceeding shall lie against any officer or other employee of the University in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any Statutes made there under.
28 �बहार गजट (असाधारण)] 16 अूील 2010
CHAPTER IV OFFICERS OF THE UNIVERSITY
18. Officers—The following shall be the officers of a University namely-
(i) The Chancellor;
(ii) The Vice-Chancellor;
(iii) The Directors;
(iv) The Deans;
(v) The Registrar;
(vi) The Comptroller;
(vii) Such other persons in the service of the University as may be declared by the Statutes to be the Officers of the University.
19. The Chancellor—(1) The Governor of the State of Bihar shall by virtue of his office be the Chancellor of the University.
(2) The Chancellor shall be the Head of the University and shall when present, preside at the Convocation of that University.
(3) Every proposal to confer an honorary degree shall be subject to the confirmation of the Chancellor.
(4) The Chancellor may
(i) call for any paper for information relating to the affairs of the University;
and
(ii) for reasons to be recorded, refer any matter except a matter falling under Section 42 for reconsideration to any officer or authority of the University that has previously considered such matter.
(5) The Chancellor may by an order in writing annul any order or proceeding of the officer or authority of the University which is not in conformity with this Act, the Statutes or the Regulation;
Provided that before making any such order he shall call upon the officer or authority concerned to show cause why such an order should not be made and if any cause is shown within the time specified in this behalf, he shall consider the same.
(6) The Chancellor shall exercise such powers and perform such other duties as are conferred on him by this Act or the Statutes.
(7) The Chancellor shall have the right to cause an inspection to be made by such person or persons, as he may direct, of the University including its building, laboratories, libraries, museums, workshops and equipments and any institution, college or hostel maintained or administered by the University or the teaching and other work conducted by the University or in its auspices; and of the conduct of any other functionary of the University; and to cause any enquiry to be made in respect of any matter connected with administration and finances of the University.
(8) The Chancellor shall communicate to the University the view of the State Government with reference to the result of such inspection or enquiry and after ascertaining the opinion thereon of the University, advice the University, upon the action to be taken and fix a time limit for taking such action.
20. The Vice-Chancellor—(1) The Vice-Chancellor shall be a whole time officer of the University and he shall be appointed by the Chancellor from a panel of names recommended by the State Government. The State Government shall prepare a panel on the basis of the recommendations of the Search Committee. The Search Committee shall consist of the following Members:-
(i) One nominee of Director General, ICAR
(ii) One nominee of the State Government 29 �बहार गजट (असाधारण)] 16 अूील 2010
(iii) One nominee of the Chancellor
Provided that one of these Members shall be nominated by the State Government to act as Convener; Nominee of the Government and the Chancellor shall be in the rank of Vice Chancellor or equivalent. The first Vice Chancellor of the University shall, however, be appointed by the State Government from eminent agricultural scientists.
(2) A person who has attained academic excellence and demonstrated leadership qualities in research, education and extension shall be eligible for candidature to the post of Vice Chancellor.
(3) Notice of Search Committee shall be widely publicized and go to all agricultural universities/institutes. The Search Committee will select and suggest a panel of the three names.
(4) Notwithstanding anything contained in sub-section (1) above the second and subsequent Vice-Chancellor shall be appointed by the Chancellor on terms and conditions as he may determine.
(5) The Vice-Chancellor shall hold office for a term of five years from the date on which he enters upon his office, or until he attains the age of sixty five years, whichever is earlier.In case of vacancy of first Vice Chancellor created before five years the state government shall appoint the Vice Chancellor for remaining period of five years.
(6) The Vice-Chancellor may relinquish his office by resignation in writing under his hand addressed to the Chancellor which shall be delivered to the Chancellor normally 60 days prior to the date on which the Vice-Chancellor wishes to be relieved from his office, but the Chancellor may relieve him earlier.
(7) In the event of a temporary vacancy of the post of Vice-Chancellor or his absence on leave or for any other reason, senior most Director/Dean of Faculty of the University, with the approval of the Chancellor, may perform the duties of the Vice- Chancellor but his period shall not exceed six months.
(8) The Vice-Chancellor shall not be removed from his office except by order of the Chancellor passed on the ground of mis-behaviour or incapacity or if it appears to the Chancellor that the continuance of the Vice-Chancellor in office is detrimental to the interests of the University, after due inquiry by such person nominated by the Chancellor in which the Vice-Chancellor, shall have an opportunity of making his representation.
21. Powers and Duties of the Vice-Chancellor—(1) The Vice-Chancellor shall be the Principal Executive Officer of the University and exofficio Chairman of the Board, Academic Council and other authorities and shall, in the absence of the Chancellor, preside at the Convocation of the University and confer degrees on persons entitled to receive them.
(2) The Vice-Chancellor shall exercise overall control over the affairs of the University and shall be responsible for due maintenance of discipline in the University.
(3) The Vice-Chancellor shall convene meetings of the Board of Management and Academic Council.
(4) The Vice-Chancellor shall ensure faithful observance of the provisions of this Act and Statutes and Regulations and he shall exercise such powers as may be necessary in this behalf.
(5) The Vice-Chancellor shall be responsible for the presentation of the annual financial estimates and the annual accounts to the Board of Management.
(6) The Vice-Chancellor may take any action in any emergency which in his opinion calls for immediate action. He shall in such case and as soon as may be thereafter report his action to the authorities who would ordinarily have dealt with the matter. If the 30 �बहार गजट (असाधारण)] 16 अूील 2010 authority disagrees with the action of the Vice-Chancellor the matter shall be referred to the Chancellor whose decision shall be final.
(7) Where any action taken by the Vice-Chancellor under sub- sections (6) affects any person in the service of the University to his disadvantage, such person may prefer an appeal to the Board within thirty days from the date on which such person has been served a notice of the action taken.
(8) If the Vice-Chancellor is satisfied that a decision of the Board is not in the best interest of the University, he shall refer it to the Chancellor whose decision thereon shall be final.
(9) Subject to the provisions of the preceding sub-sections, the Vice Chancellor shall give effect to the decisions of the Board regarding the appointments, promotions and dismissal of officers, teachers and other employees of the University.
(10) The Vice-Chancellor shall be responsible for the proper administration of the affairs of the University and for a close co-ordination and integration of teaching, research and extension.
(11) The Vice-Chancellor may appoint under intimation to the Board of Management, any suitable person temporarily for a period not exceeding six months in a vacancy of an officer of a University referred to in clause (iii) to (vii) of Section-18.
(12) The Vice-Chancellor shall exercise such other powers and perform such other duties as are conferred or imposed upon him under the provisions of this Act and the Statutes.
(13) The Vice-Chancellor, for a period of six months from the date of first enforcement of this Act may have the following extra powers:
(i) Subject to the approval of the Chancellor, to make the statutes under this Act to provide functioning of the University;
Provided, the Vice-Chancellor may adopt mutatis mutandis the Statutes existing before the commencement of this Act in the University;
(ii) With the prior approval of the Chancellor, to constitute provisional authorities and bodies and on their recommendation make rules for the conduct of the work of the University;
(iii) Subject to the control of the Chancellor to make such financial arrangement and incur such expenditure as may be necessary to enable this Act or any part thereof to be brought into operation;
(iv) With the prior approval of the State Government, to make such appointments as may be necessary to enable this Act or any part thereof to be brought into operation;
(v) With the prior approval of the Chancellor to appoint committees that he thinks fit to discharge such of the functions as he may direct,
(vi) To exercise all or any of the powers conferred on the Board of Management by this Act or the Statutes.