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

{
    "id": 15349,
    "slug": "bihar-intermediate-education-council-establishment-of-colleges-and-conduct-of-examination-rules-1994",
    "title": "Bihar Intermediate Education Council (Establishment of Colleges and Conduct of Examination) Rules, 1994",
    "short_title": "Bihar Intermediate Education Council (Establishment of Colleges and Conduct of Examination) Rules, 1994",
    "act_number": "Published vide Notification No. G.S.R. 30, publish",
    "act_year": 1994,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Bihar Intermediate Education Council (Establishment of Colleges and Conduct of Examination) Rules, 1994",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title and Commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) 'Act' means the Bihar Intermediate Education Council Act, 1992.\n(b) 'Admission' means admission to the privilege of the Bihar Intermediate Education Council.\n(c) 'Council' means the Bihar Intermediate Education Council.\n(d) 'Course' means the course prescribed for Intermediate (+2) standard by the Council.\n(e) 'College' means an institution imparting education of Intermediate (+2) standard in the meaning of Section 39 of the Act.\n(f) 'Chairman' means the Chairman of the Council.\n(g) 'Courses of Study Committee' means the courses of study committee provided under Section 28 of the Act.\n(h) 'College Service Commission' means [College Service Commission] constituted under the Bihar College Service Commission Act, 1976.\n(i) 'Exclusion' means exclusion from the privilege of Bihar Intermediate Education Council.\n(j) 'Enlistment' means enlistment as a student of Intermediate (+2) standard.\n(k) 'Faculty' means the faculty of Arts, Science, Commerce or Vocational Education of a College or Institution.\n(l) 'Institution' means an Institution imparting education of Intermediate (+2) standard recognised under the provisions of Section 39 of the Act.\n(m) 'Management' means management of a College.\n(n) 'Governing Body' means the Governing Body of a College constituted under Section 44 of the Act.\n(o) 'Privilege' means the privilege of recognition by Bihar Intermediate Education Council.\n(p) 'President' means the President of the Governing Body.\n(q) 'Recognition' means recognition by the Bihar Intermediate Education Council.\n(r) 'Recognition Committee' means the Recognition Committee constituted under Section 28 of the Act.\n(s) 'Secretary' means the Secretary of the Council.\n(t) 'Session' means the academic session.\n(u) 'State Government' means the Government of the State of Bihar.\nEstablishment\n3.\n4.\n(1) the Body proposing to establish the Institution must consist of a least Seven members and in case of a minority institution registered under the Societies Registration Act of 1860 (Act 21, of 1860).\n(2) Application for permission shall be made in the prescribed Form with prescribed fees at least six months prior to the commencement of the concerned session.\n(3) On receipt of the application, the council shall cause a spot inspection to be made in which mainly the following points shall be examined :-\n(a) Whether there is a need of an Institution at the proposed spot; and\n(b) Whether the Body which has proposed to establish the Institution capable of running it properly;\n(c) (i) In respect of clause (a) the distance of recognised Institutions from the proposed spot and the requirements with respect to population shall be taken into consideration.\nExplanation.\n(ii) In respect of clause (b), it shall be ascertained - (i) that the body proposing to establish the Institution has resources to meet at least half of the annual recurring cost; and\n(iii) it has ready money in its account to deposit the security money and it has reserve funds for the construction of Building, Laboratory, Library, Principal's Residence and Hostel.\nExplanation.\n(d) Pending construction of its own buildings the institution can temporarily procure building of at least 7 rooms (30' x 20') on rent or otherwise for running the classes and the office.\n(e) The institution has obtained, or it may obtain within six months, 7 acres of land in two plots (not more than 500 m. apart) in rural area and 3.50 acres of land in one plot in urban area (having a population of at least 1.00 lac).\n(4) The institution shall not admit students unless permission has been granted by the Council.\n(5) No permission shall be granted with retrospective effect.\n(6) If the institution is proposed as a minority one, a statement showing the reasons thereof, shall be appended to the application for permission.\n(7) If an application for permission is taken back before spot inspection the fees realised for the purpose shall be returned.\nRecognition\n5.\n6.\n7.\n(a) by an officer authorised by the Government in case of an institution established and owned by the Government.\n(b) by the Organizing or the Managing Body in case of any other Institution.\n(a) that the Institution owns and possesses 7 acres of land in not more than two plots (not more than 500 m. apart) in rural area and 3.50 acres of land in one plot in urban area (having a population of at least one lac):\n(b) that the Institution has a Building of its own having sufficient accommodation;\n(c) that the Institution has a hostel which can accommodate at least 10 per cent of the total strength of students in the institution.\n(d) that proper arrangement has been made for supervision and physical welfare of the students;\n(e) that the Institution has a play ground and proper facilities of games and sports;\n(f) that the institution has a library of books and journals total value of which is not less than Rs. 50,000/- for each faculty;\n(g) that the institution has properly equipped laboratory, and where necessary a museum, if recognition is sought in branch of experimental science;\nExplanation.\n(h) that the Principal's quarters have been constructed or they will be constructed in the campus within specified time;\n(i) that staff quarters have been constructed or they will be constructed within specified time for at least 10% of the teaching and the nonteaching members of the staff;\n(j) that the institution has deposited with the Council a Security Fund of Rs. 1,00,000/- for the first and 50,000/- for each of the sub-sequent faculties:\n(k) that the Institution has sufficient financial resources fund for meetings recurring expenditure on payment of salary to the staff and maintenance of Library, Laboratories, Furniture and the Buildings and also for other contingencies;\n(l) that proper arrangement has been made for holding tutorial, practical and lecture classes and the space and furniture in each class room is adequate. The Council shall prescribe detailed specification in this regard;\n(m) that qualified teachers have been recruited in adequate number, in each subject;\n(n) that no less than 128 students have been admitted to the first year class of the faculty of Arts/Science. For commerce the minimum number shall be 32 and for Vocational it shall be 16. Provided that no recognition shall be given in a subject of Arts/Science Faculty in which the number of students in the first year is less than 16.\n(b) On the completion of such enquiry or any further enquiries which may be considered necessary, the Recognition Committee shall recommend to the Council as to whether the application should be granted or it shall be rejected. All connected papers shall be placed before the Council.\n(b) All cases allowed by the Council shall be forwarded with all connected papers to the State Government for their approval. Recognition will be granted by the Council on receipt of the approval of the State Government.\n(b) Provision of Rule 7 shall apply to such application.\n(a) if the conditions of recognition are not fulfilled or observed.\n(b) the Rules of the Council are not being observed.\n(c) there is gross mismanagement in the Institution.\nManagement\n8.\n(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.\n(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.\n(a) Grant of leave (other than C.L) and allowances.\n(b) Imposition of Penalties on the staff in accordance with the rules to be prescribed in this behalf.\n(a) convene meetings of the Governing Body and prepare agenda thereof including items suggested by the Principal;\n(b) record the proceedings of the meeting of the Governing Body;\n(c) carry on correspondence with the Council and the Government and others with regard to the decisions of the Governing Body;\n(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.\n(e) be responsible for implementing the decisions taken by the Governing Body.\n(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.\n(a) assign duties (teaching, administrative and extracurricular) to the staff of the college and see the performance of these duties by them.\n(b) be responsible for the maintenance of discipline in all its aspects and the development of corporate life in his college.\n(c) grant casual or quarantine leave, or Permission to leave the station to the members of the staff of the college.\n(d) be the custodian of all records of the College.\n(e) carry on all correspondence, in respect of academic and administrative matters of the college.\n(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.\n(g) be responsible for the enforcement and observance of the laws of the Council.\n(h) be responsible for the incurring of all sanctioned expenditure.\n(a) Head of the Institution:\n(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.\n(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:\n(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.\n(e) One member to be co-opted by the members at Clauses (a) and (d) from amongst the sponsors of the College.\n(f) The Government Officer at clause (d) shall be the Convenor of the Ad hoc Committee.\nStaff\n9.\n(b) Such colleges shall appoint departmental heads in each subject or group of subjects in commerce as the case may be for their Intermediate Section. The senior-most among the heads of the Department Incharge of the Intermediate Section:\n(c) Accounts of the Intermediate Section shall be maintained separately.\n(i) Head Clerk-cum-Accountant - One\n(ii) Cashier-cum-Counter Clerk - One\n(iii) Typist - One\n(iv) Asstt. Librarian - One\n(v) Class IV employees - Three.\nAdmission\n10.\nCourses of Study\n11.\nEnlistment\n12.\nChapter III\nExamination, Evaluation and Publication of Result\n13.\n(b) Subject to the provision of sub-clause (a) for the subjects which are common to more than one faculty and in languages and literature taught as optional and compulsory subjects the syllabi and question paper shall be the same.\n(c) The question papers in all non-language subjects shall be set in Hindi.\n(i) the technical terms in English may be retained for the present.\n(ii) a candidate may answer the questions in English, Urdu, Bangla or Oriya till such year as the Council may decide.\n(b) Except where otherwise specifically required the medium through which a candidate may answer the questions in the language subjects shall be as follows: -\nLanguage\nMedium of Examination\n(i)\nHindi\nHindi\n(ii)\nPersian\nPersian/Urdu/Hindi\n(iii)\nArabic\nArabic/Urdu/Hindi\n(iv)\nEnglish\nEnglish\n(v)\nAny other language\nThe language concerned and/or Hindi.\n(b) The Board shall ordinarily consist of not more than five persons who shall be teachers of the subjects concerned with at least ten years, teaching experience in an institution. The convenor of the Board shall be nominated by the Chairman.\n(c) The term of members of a Board shall be for one year from the date of appointment. In case of casual vacancy due to any reason, the Chairman, may fill up the vacancy for the remainder of the period.\n(d) Two members of the Board shall constitute the quorum .\n(e) The Board of Moderators in each subject shall:\n(i) Recommend to the Chairman of the Council panels of names for papers Setters, Head-Examiners and examiners of the respective subjects out of which the Chairman shall appoint paper-setters, head-examiners and examiners;\n(ii) While moderating, the Board shall see that the questions have been fairly distributed over the whole course and that the questions are such as candidates could reasonably be expected to answer within the time allotted.\nIn case any question paper set, in the opinion of the Board, is unsuitable it may reject that paper giving reasons thereof and set another paper.\n(iii) The Chairman may constitute a special Board of Moderators in any subject, if the situation so warrants,\n(iv) The Council shall keep for reference a list of teachers working in institutions of Intermediate Education:\n(a) If a near relation of the person concerned is appearing in the Examination concerned.\nExplanation.\n(b) If he is privately coaching or has coached during two years preceding the year of the examination of any candidate appearing at the examination:\n(c) If he has published any note on the subject for the examination concerned; or has a share or monetary interest in any book published or recommended by or on behalf of the Council,\n(d) If he is an employee or a member of the Council,\n(e) If his name has been removed by the Council from the approved panel of names for any reasons whatsoever.\n(b) No person shall be appointed as an examiner if he has a near relation appearing at the examination concerned.\n(c) No person shall be appointed as an Examiner of candidates whom he has coached privately.\nExplanation.\n(b) The Chairman shall appoint a Superintendent of Examination and a Deputy Superintendent if necessary, for each Examination Centre. Ordinarily, the Principal of the institution shall be appointed as the Superintendent. But if there is no Principal, the Superintendent may be appointed from amongst the senior teachers of the College.\n(c) The Chairman, after being satisfied that the examination in a particular Centre is not being conducted fairly, may take necessary action to maintain the sanctity of examination.\n(d) The Chairman shall take necessary steps and make necessary arrangements for Vigilance of Examination Centres.\n(e) Examinees shall be allocated to the Centres by the Chairman and no change shall be made.\n(b) Daily seat plan of examinees shall be maintained at the Centre and a copy thereof shall be sent to the Secretary.\n(c) Attendance of examinees will be taken in each sitting, which shall be sent to the Secretary within one week of the last sitting of examination. A photo copy certified by the Superintendent shall be retained at the Centre for future reference.\n(d) The examinees shall also sign on the roll sheets (two copies) one copy of which shall be returned to the Secretary within one week of the last sitting of Examination.\n(e) All cases of use of unfair means shall be reported to the Secretary, and the corresponding answer scripts signed by the invigilator as well as the Superintendent shall be forwarded to the Secretary under sealed cover.\n(f) The Chairman shall constitute a Committee for looking into cases of use of unfair means and recommending penal measures according to the gravity of the case, the punishment whereof may be cancellation of examination of that paper/or that year/debarring the examinee from subsequent examination or examinations, Criminal cases too may be instituted in accordance with law.\n(g) If the Superintendent/Magistrate deputed at the Centre is of opinion that there has been large scale use of unfair means or that the secrecy of question paper has been violated, he may recommend cancellation of examination of the paper/papers concerned, to the Chairman and the Chairman shall give such direction as he may consider necessary and fit.\n(b) The Council shall get such answer scripts scrutinized by subject experts who shall see that all answers/part of answers are evaluated, marks from inside have been carried over to the face and the totalling is correct. In cases of discrepancy they will report the matter to the Chairman for necessary correction.",
            "footnote": "",
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        }
    ],
    "metadata": {
        "Act ID": "bh363",
        "Act Number": "Published vide Notification No. G.S.R. 30, published Bihar Gazette (Extra-ordinary) dated 7/8th September, 1994",
        "Enactment Date": "",
        "Act Year": "1994",
        "Short Title": "Bihar Intermediate Education Council (Establishment of Colleges and Conduct of Examination) Rules, 1994",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}