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State of Bihar - Section

Section 21 in BIHAR SPORTS UNIVERSITY ACT, 2021

21. The Executive Council and its Terms and Conditions.—

(i)The Executive Council shall be the principal executive body of the University;
(ii)The Executive Council shall consist of the following persons namely:
(a)The Vice-Chancellor, who shall be the Chairperson;
(b)Additional Chief Secretary /Principal Secretary/Secretary- Department of Education, Government of Bihar, or his/her representative not below the rank of Joint Secretary;
(c)Additional Chief Secretary /Principal Secretary/Secretary- Department of Finance, Government of Bihar, or his/her representative not below the rank of Joint Secretary;
(d)Additional Chief Secretary /Principal Secretary/Secretary - Department of Art, Culture and Youth, Government of Bihar or his/her representative not below the rank of Joint Secretary;
(e)Director, Student and Youth Welfare, Department of Art, Culture and Youth, Government of Bihar;
(f)Director, Higher Education, Department of Education, Government of Bihar;
(g)The Registrar;
(h)Representative of State Sports Academy, Rajgir, not below the rank of Deputy Director;
(i)Director-cum-Secretary, Bihar State Sports Authority;
(j)Three teachers to be nominated by the Chancellor of whom, one shall be from amongst Heads of Department, one from Professors and one from Associate Professors by rotation for a period of one year each from different Departments of University;
(iii)Terms and Conditions.—
(a)Where a person has become a member of the Executive Council by reason of the office or appointment he/she holds, his/her membership shall terminate when he/she ceases to hold that office or appointment;
(b)The term of office of the nominated members of the Executive Council other than ex officio members shall be three years;
(c)A member of the Executive Council shall cease to be a member, if he/she resigns or becomes of unsound mind or becomes insolvent or is convicted of a criminal offence involving moral turpitude. A member other than the Vice-Chancellor shall also cease to be a member if he/she accepts a full-time appointment in the University;
(d)A member of the Executive Council other than an ex-officio member may resign his/her office by a letter addressed to the Vice-Chancellor and such resignation shall take effect as soon as it has been accepted by him/her;
(e)Any vacancy in the Executive Council shall be filled by nomination by the respective nominating authorities for the remaining period of the term.
(iv)Powers, Functions and Meetings of the Executive Council.—
(a)The Executive Council shall be the Chief Executive Authority of the University and as such shall have all powers necessary to administer the University subject to the provisions of this Act and the Statutes made there under, and may make Regulations for that purpose and also with respect to matters provided hereunder.
(b)The Executive Council shall have the following powers and functions:
(i)To prepare and present the following to the General Council at its Annual Meetings: -
I. A report on the working of the University;II. A statement of accounts; andIII. Budget proposals for the ensuing academic year.
(ii)To manage and regulate the finances, accounts, investments, properties, business and all other administrative affairs of the University and for that purpose, constitute committees and delegate the powers to such committees or such officers of the University as it may deem fit;
(iii)To transfer or accept transfers of any movable or immovable property on behalf of the University;
(iv)To enter into, vary, carry out and cancel contracts on behalf of the University and for that purpose to appoint such officers as it may think fit;
(v)To provide buildings, premises, furniture and apparatus and other means needed for carrying out the work of the University;
(c)To entertain, adjudicate upon, and if it thinks fit, to redress any grievances of the students and the employees of the University;
(d)To create administrative, ministerial and other necessary posts, to determine the number and emoluments of such posts, to specify the minimum qualifications for appointment to such posts on such terms and conditions of service as may be prescribed by the Regulations made in this behalf;
(e)To appoint examiners and moderators, and if necessary to remove them and to fix their fees, emoluments and travelling and other allowances, after consulting the Academic Council;
(f)To select a common seal for the University; and
(g)To exercise such other powers and to perform such other duties as may be considered necessary or imposed on it by or under this Act.
(V)
(a)The Executive Council shall meet at least once in four months and a prior notice of fourteen days shall be given for such meetings;
(b)The meeting of the Executive Council shall be called by the Registrar under instructions of the Vice-Chancellor or at the request of not less than five members of the Executive Council;
(c)One half of members of the Executive Council shall form the quorum at any meeting;
(d)In case of difference of opinion among the members, the opinion of the majority shall prevail;
(e)Each member of the Executive Council shall have one vote and if there be equality of votes on any question to be determined by the Executive Council, the Chairperson of the Executive Council or as the case may be, the member presiding over that meeting shall, in addition, have a casting vote;
(f)Every meeting of the Executive Council shall be presided over by the Vice-Chancellor and in his/her absence by a member chosen by the members present;
(g)If an urgent action by the Executive Council becomes necessary, the Vice-Chancellor may permit the business to be transacted by circulation of papers to the members of the Executive Council. The decisions sotaken shall not be valid unless passed by a simple majority. Such decisions shall be forthwith intimated to all the members of the Executive Council. In case the Executive Council fails to take a decision the matter shall be referred to the Chancellor whose decision shall be final.