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State of Bihar - Section

Section 55 in Bihar State Universities (Patna, University of Bihar, Bhagalpur and Ranchi) Act, 1960

55. Conditions of service of officers and teachers of the University.

(1)Every salaried officer of the University Department other than officers and teachers who are members of the public services in India and whose services have been lent to the University under clause (1) of sub-section (2), shall be appointed on a written contract which shall be lodged with the Registrar of the University and a copy thereof shall be furnished to the officer or teacher concerned.
(2)Any member of the public services in India whom it is proposed to appoint to a post in the University shall, subject to the approval of such appointment by the Government concerned and the terms thereto, have the option-
(i)Of having his services lent to the University and remaining, at any time, liable to recall to the service of the Government at the coption of the Government concerned ; or
(ii)Of resigning the service of the Government on entering the service of the University ;
Provided that where the University, after consultation with the State Public Service Commission, is satisfied that an officer or teacher, being a servant of the Government whose service have been lent to the University deserve the punishment of dismissal, removal or reduction in rank, the University shall forward to the Government the proceedings instituted against such officer or teacher together with all connected papers including the findings of the State Public Commission, and thereupon the Government shall forthwith cause the said officer or teacher to be reverted to the service of the Government and take such action against him as it thinks fit.
(3)Notwithstanding anything contained in any law or contract the following provisions shall apply to all officers, teachers and other servants who immediately before the commencement of this Act where in the employ of the Patna University established under the Patna University Act, 1951 (Bihar Act XXV of 1951) or the University of Bihar established under the University of Bihar Act, 1951 (Bihar Act XXVII of 1951) :-
(a)The State Government shall, as soon as may be, after the commencement of this Act, apportion such officers, teachers and other servants between the different Universities specified in sub-section (1) of section 3.
(b)On such apportionment such officers, teaches and servants shall be deemed to have been transferred to the University to which they are allotted under clause (a) with effect from the date of commencement of this Act.
(c)The University to which such officers, teachers and servants are deemed to have been transferred under clause (b) shall employ them subject to such terms and conditions as were in force immediately before the commencement of this Act and they shall be subject to such disciplinary control as are for the time being applicable to the officers, teachers and other servants of that University appointed under this Act.