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State of Bihar - Section

Section 49 in The Bihar Intermediate Education Council Act, 1992

49. Term of appointment.

(1)The Council shall dispose of matters relating to appointment, dismissal, termination of service or reduction in rank of officers of the Council, mentioned in sub-sections (4), (5) and (6) of Section 20 after obtaining the advice of the State Public Service Commission in the manner prescribed under the Rules.
(2)In respect of the Institutions recognised by the Council, not maintained by the State Government, the Governing Body shall dispose of all matter relating to the appointment, dismissal, termination of service or reduction in rank of teachers in the manner prescribed under the Rules, after obtaining the advice of the College Service Commission:Provided that Governing Body of any recognised Institution, based on religion and language and established by any minority community shall send the necessary records to the College Service Commission and shall with their approval appoint, dismiss or reduce the rank of teachers, and shall take up disciplinary action against them:Provided further that in case consultation with the Commission shall not be necessary of any teacher where the order involves only censure, stoppage of increment, restriction in crossing the Efficiency Bar or of suspension till the investigation of allegations.
(3)In case of appointment to the posts of teachers in Institutions teaching up to Intermediated) standard and for Officers of the council the College Service Commission/State Service Commission shall recommend subject to the following provisions :-
(a)Members named in column (2) of Table appended hereto shall assist the Commission in recommending appointment to posts concerned.
(b)The duty of the experts shall be mainly to give a advice but they will not have the power to vote.
(c)At least one of the members name in column (2) of the Table shall be present in the meeting of the Commission.
Table
  Post to which appointment is to be made.   Specialists who shall be nominated.
  1   2
(1) Principal of the Institution (1) A Principal of a Degree College to be nominated by theCouncil.
    (2) A University teacher not below the rank of Reader to benominated by the State Government.
(2) Subject Teacher (1) A teacher of the subject concerned not below the rank ofReader to be nominated by the Council.
    (2) A teacher of the subject concerned not below the rank of aReader to be nominated by the State Government.
(3) Officers of the Council mentioned in items (4), (5) and (6) ofSection 20.   A person not being in service of the Council, reputed for hisspecial knowledge and aptitude, to be nominated by the StateGovernment.
(4)The recommendations of the Commission shall be valid for a period of one year from the date of recommendation.
(5)
(a)The Council or the Governing Body of the Institutions, shall, appoint persons in order of merit, from the merit list within a period of three months from the date of receipt of the recommendations under sub-section (4) :
Provided that if the Council/Governing body is unable to accept the merit list recommended by the Commission it shall record the reasons thereof and forward the matter to the State Government for final decision.
(b)It shall be the duty of the State Public Service Commission in respect of recommendations made for appointment in the Council and the College Service Commission in respect of recommendation made for appointment of teachers in recognised institutions, to submit an annual report of the functions discharged, to the State Government and the Council and the Council shall forward it to the State Government with its comments and the State Government shall place it before the State Legislature.
(c)Notwithstanding anything contained in the preceding sub-sections, it shall not be necessary for the Council or the Governing Body to consult the Commission, if the post of a teacher to which appointment is being made is not likely to continue for a period exceeding six months and any delay in appointment is likely to affect adversely the Council or the Institution:
Provided that if the person appointed aforesaid is to continue on the post for a period beyond six months, or is to be appointed to any other post, the concurrence of the Commission will be necessary and in the event of failure to do so the appointment shall be deemed to have been terminated on the expiry of the period of six months:Provided further, that on the basis of concurrence obtained under clause (c) of sub-section (5) from the Commission any person can be retained on the post for another period not exceeding six months on the expiry of which his services will stand automatically terminated.