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State of Bihar - Section

Section 8 in Bihar Intermediate Education Council (Establishment of Colleges and Conduct of Examination) Rules, 1994

8.

(1)As provided in the Act. There shall be a Governing Body constituted for the management and administration of every recognised college, except a college managed and maintained by the State Government or a college established and administered by a religious or linguistic minority.
(2)The members of a Governing Body, other than ex-officio members shall hold office for a term of three years except the teachers' representative whose term of office shall be for one academic year. Any member except an ex-officio member, who fails to attend four consecutive meetings without prior information shall be deemed to have vacated his seat in the Governing Body. In the event of a casual vacancy, the nomination or election or co-option, as the case may be, shall be for the residue of the term.
(3)The Governing Body shall meet at least once in every quarter. Seven days' clear notice shall be given for a meeting:Provided that the President, may, in case of urgency, direct to call an emergent meeting at shorter notice.
(4)Five members shall form a quorum for a meeting of the Governing Body. No quorum shall be necessary for an adjourned meeting.
(5)The Governing Body shall elect a President from amongst its members, who shall preside at the meeting and in the case of his absence in a meeting, the members present shall elect one from amongst themselves to preside.
(6)The meeting regarding the co-option of educationist member and election of President and Secretary shall be convened and its proceedings recorded by the Head of the College.
(7)The meetings for the election of the teachers representative and that of the donor-member shall be convened and conducted by the Principal/Head of the College.
(8)
(a)Every college shall maintain a separate donor register in which the names and addresses of all persons who have donated at least Rs. 25,000 (Rs. Twenty-five thousand) to the college, either in cash or in kind, shall be entered.
(b)The donor register shall be kept up-to-date and every person whose name is entered in the said register and if he is above 21 years of age, shall be entitled to vote at and to offer himself as a candidate in election to the Governing Body as provided in the Act.
(c)All objections relating to entry or omission in this donor register and relating to election shall be made in writing to the Secretary of the Council and on such objections the decision of the Chairman or Council, if he refers the matter to Council, shall be final.
(9)The Governing Body shall elect one of its members as Secretary.
(10)In respect of matters relating to election not expressly provided in the Act or the Rules, the Chairman of the Council may give directions consistent with the Act and the Rules.
(11)
(a)If the Council suo motu or on receipt of any information is of opinion that the Governing Body of a college has not been properly constituted or that the Governing Body is not functioning properly, it may for reasons to be recorded direct that the Governing Body to be reconstituted forthwith.
(12)Vacancy in the Governing Body due to non availability of eligible candidate may be filled up by nomination by the Council.
(13)The Governing Body besides the functions assigned to it in the Act, shall perform the following :-
(a)Grant of leave (other than C.L) and allowances.
(b)Imposition of Penalties on the staff in accordance with the rules to be prescribed in this behalf.
(14)The Secretary shall be the agent and the Executive Officer of the Governing Body and shall :-
(a)convene meetings of the Governing Body and prepare agenda thereof including items suggested by the Principal;
(b)record the proceedings of the meeting of the Governing Body;
(c)carry on correspondence with the Council and the Government and others with regard to the decisions of the Governing Body;
(d)on applications being recommended by the Principal, grant all kinds of leave, other than casual or quarantine leave, to the staff in anticipation of the sanction of the Governing Body where such sanction is needed.
(e)be responsible for implementing the decisions taken by the Governing Body.
(f)forward copy of the proceedings of the meeting of the Governing Body to the Council within two weeks of the date of the meetings.
(15)In every recognised college, the Principal shall be responsible for the general administration and discipline of the college. All members of the staff of the college will be under his control, and he shall -
(a)assign duties (teaching, administrative and extracurricular) to the staff of the college and see the performance of these duties by them.
(b)be responsible for the maintenance of discipline in all its aspects and the development of corporate life in his college.
(c)grant casual or quarantine leave, or Permission to leave the station to the members of the staff of the college.
(d)be the custodian of all records of the College.
(e)carry on all correspondence, in respect of academic and administrative matters of the college.
(f)subject to the control and direction of the Council, have powers to make bye-laws not inconsistent with the laws of the Council, for the internal management and guidance of the departments, clubs, societies, staff and students of his college, but copy of such bye-law shall be submitted to the Governing Body and the Council for information with fifteen days of its issuance.
(g)be responsible for the enforcement and observance of the laws of the Council.
(h)be responsible for the incurring of all sanctioned expenditure.
(16)In case of any difference between the Principal and the Secretary in any matter concerning the College, either of them may refer the matter to the Governing Body for decision.The Council, if necessary, may, by Rule, provide for the respective powers, duties and functions of the Governing Body, Secretary and Principal of recognised College.
(17)Till the constitution of the Governing Body, the Council shall constitute an Ad hoc Committee under the provisions of the Act, which shall consist of the following members: -
(a)Head of the Institution:
(b)One representative of the Council, who will be nominated by the Council from amongst the teachers of the neighbouring institution having at least ten years of teaching experience.
(c)A member of the Parliament or the State Legislature who mainly resides in the district of that area to be nominated by the Council:
Provided that preference shall be given to the local member of the Legislative Assembly.
(d)A Government Officer posted in the district who shall be either a Subdivisional Magistrate or an officer of the rank of Sub-Judge, to be nominated by the Council.
(e)One member to be co-opted by the members at Clauses (a) and (d) from amongst the sponsors of the College.
(f)The Government Officer at clause (d) shall be the Convenor of the Ad hoc Committee.
Staff