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State of Bihar - Section

Section 47 in The Nalanda Open University Act, 1995

47. Conditions of appointment.

(1)Subject to the approval of the Executive Council, the matter relating to appointment, dismissal, retirement, removal from service, termination of service or reduction in rank of teachers of the University shall be disposed of after obtaining the advice of the Bihar State University (Constituent College) Service Commission in the manner as may be determined:Provided that consultation with the Commission shall not be necessary in a case where the order involved is only of censure, stoppage of increment, stoppage at the stage of crossing of efficiency bar, or a suspension order till the investigation of allegations against a teacher or officer.
(2)Recommendations for appointments to the posts of teachers and officers of the University shall be subject to the following :-
(a)The experts named in column 2 of the table given below shall assist the Commission in recommending the appointments to the posts concerned;
(b)At least three experts in case of appointment to the post of Professor and at least two experts in case of other posts, named in column 2 of the table shall be present in the said meeting of the Commission in which recommendations are being made.
  Post to which appointment is to be made.   Experts to assist the Commission.
  1   2
(a) Professor (i) The seniormost teacher of the department not below the rankof Professor. If there is no such teacher in the University, ateacher of another University not below the rank of Professor tobe nominated by the Chancellor;
    (ii) Three experts in the subject concerned not below the rank ofProfessor nominated by the Chancellor from outside theUniversity.
(b) Reader/Lecturer (i) As in (a) (i) above.
    (ii) Two experts in the subject concerned not below the rank ofProfessor nominated by the Chancellor from outside theUniversity.
(c) Officer of the University. (i) A person reputed for his special knowledge and aptitude notin the University Service to be nominated by the ExecutiveCouncil.
    (ii) Two experts to be nominated by the Chancellor.
(3)The Bihar State University (Constituent College) Service Commission shall recommend two names for each post in order of merit. The recommendations of the Commission shall be valid for one year from the date they are made.
(4)The Executive Council shall, in making appointments, appoint persons in order of merit assigned by the Commission within a period of six months from the date of receipt of recommendations by the Executive Council.
(5)If the Executive Council is unable to accept the recommendation of the Commission or to make appointment in the order of merit given by the Commission, it shall record the reasons therein and submit the case to the Chancellor whose decision shall be final.
(6)It shall be the duty of the Commission to submit an annual report to the University in respect of the functions discharged in respect of the University which shall be placed before the Executive Council.
(7)Notwithstanding anything contained in this Act, the Executive Council may appoint an officer or teacher by negotiation with the prior approval of the Chancellor.
(8)The service conditions of teachers and officers of the University including disciplinary action shall be prescribed by the Statutes.
(9)Experts to assist the Commission in the appointment of teachers or officers of the University shall be nominated by the Chancellor from the panel prepared by the Bihar Inter-University Board.