Amendment status not verified — confirm the current text below against the official source.
(a) Notwithstanding anything to the contrary contained in any Act, Rules or any Judgment of decree of a Court, The date of retirement of teachers of University or college and those officers declared equivalent to them by the statute of the University, with effect from the date of notification of this Act in the official Gazette, shall be the date on which he/she attains the age of sixty five years; the date of retirement of non-teaching employee shall be the date on which he/she attains the age of the sixty years Provided that reappointment of teacher after retirement may be made in appropriate cause in the manner laid down in the Statute made in this behalf in accordance with the guidelines of the University Grants Commission (b) The University may require any teaching or no-teaching employee who, reckoned from the date of his first appointment, has completed the qualifying service of 23 years or a total service of 27 years, to retire from the University service, if considers that his conduct or efficiency is such as does not justify his continuation in the service. (c) (i) Notwithstanding anything contained in the preceding sub-section, any teaching or non-teaching employee may, after giving at least three months prior notice in writing to the concerned appointing authority, retire from such date on which such a teaching or no-teaching employee has completed 32 years of qualifying service or attains 52 years of age, or from such date thereafter as may be specified in the notice: Provided that no employee of the University under order of suspensions shall retire except without a specific approval of the Syndicate. (ii) The University may, in the public interest, require any teaching or non-teaching employee, after giving at least three months prior notice in writing or after paying an amount equivalent to pay and allowance of three months in lieu of such notice, to retire from such date on which he completes 32 years of qualifying service or attains 52 years of age, or from such date thereafter as my be specified in the notice. (d) The provisions contained in the preceding sub-sections shall mutatis mutandis apply to the teaching and non-teaching employees of affiliated Colleges. After its substitution by ordinance 35 of 1986 Clause (a) read as follows:- (a) Save as otherwise expressly provided in the Act the date of retirement of a teaching employee of the University or of a college with effect from the 1st April 1986 shall be the date on which he attains the age of 62 years. The date of retirement of non-teaching employee (other-wise than inferior servants) shall be the date on which he attains the age of 60 years, buy the date of retirement of such non-teaching employees who are in the service of the University prior to the commencement of this Act, shall be the date on which he attains the age of 62 years: Provided that the University shall in no case, extend the period of service of any of the teaching or non-teaching employees or re-appoint him after he attains the age of 60 or 62 years as the case may be. Later on in 1993 Ordinance 6 of 1993 was promulgated which substituted once again clause (a). Shortly thereafter another Ordinance 12 of 1993 was promulgated which introduced a new section 3 in Ordinance 6 of 1993. By this new section it was sought to nullify the amendments brought by Act 3 of 1990. After its substitution by Ordinance 6 of 1993 this clause (a) read as follows:- (a) Notwithstanding anything to the contrary contained in this Act. Ordinance, Rules or any judgment or decree of a Court, the date of retirement of a teaching employee of University or of a College shall be the date on which he attains the age of sixty years. The date of retirement of non-teaching employee (other than the inferior servants) shall be the date on which the attains the age of 60 years: Provided that the date of retirement of such non-teaching employee who is in the service of the University prior to the commencement of the Bihar State Universities Act, 1976 (Bihar Act 23, 1976) shall be the date on which he attains the age of 62 years; Provided further that the University shall in no case, extend the period on service of any of the teaching or non-teaching employee after he attains the age of sixty or sixty two year, as the case may be. Section 3 added by Ordinance 12 of 1993 read as follows:- 3. Repeal and Savings (1) Amendment made in Section 67 of the Bihar State Universities Act, 1976 (Bihar Act 23 of 1976) by the Bihar Act, 3 of 1990 is hereby repealed. (2) Provided that notwithstanding such repeal and the amendment made by by section 2 of the Bihar Ordinance 6, 1993, payment made to any person as salary and allowances under section 21 of Bihar Act 3, 1990 or any amount payable against the actual services rendered, as the case may be, shall not be affected and any payment so made shall not be recovered. The next Ordinance in series i,e. Ordinance 14 of 1993 again substituted this clause while retained the nullification of amendments brought by Act 3 of 1990. The so substituted clause (a) and the clause for repeal' read as follows:- (a) Notwithstanding anything to the contrary contained in this Act or any other Act, Ordinance, Rules or any judgment or decree of a Court, the date or retirement of a teaching employee of the University or of a College shall be the date on which he attains the age of sixty years. The date of retirement of no-teaching employee or appoint him (other than the inferior servants) shall be the date on which he attains the age of 60 years. Provided that the date of retirement of such non-teaching employee who is in the services of the University prior to the amendment of the Bihar State Universities Act, 1976 (Bihar Art 23, 1976) shall be the date on which he attains the age of 62 years. Provided further the University shall in no case extend the period of service of any of the teaching or non-teaching employee after he attains the age of sixty or sixty-two years as the case may be: Provided further also that re-appointment of teacher after retirement may be made in appropriate and deserving cases up to the age of sixty-five years in the manner laid down in the Statutes to be made in this behalf in accordance with the guidelines of the University Grants Commission. Thereafter Act 17 of 1993 was passed which hold the field even today. By this Act the nullification of amendments brought by Act 3 of 1990 was also retained as follows:- Repeal and Savings,- (1) amendment in Section 67 of the Bihar State Universities Act, 1976 (Bihar Act 23 of 1976) by the Bihar Act 3 of 1990 is hereby repealed. (2) The Bihar State Universities (Amendment) Ordinance, 1993 (Bihar Ordinance no. 6 of 1993), the Bihar State Universities (Second Amendment) Ordinance, 1993 (Bihar Ordinance no. 12 of 1993) and the Bihar State Universities (Third Amendment) Ordinance, 1993 (Bihar Ordinance no. 14 of 1993) are hereby repealed: Provided that notwithstanding such repeal salaries and allowances already paid or payable to a person against actual services rendered after having reached the age of sixty years but prior to the commencement of Bihar Ordinance no. 6 of 1993 shall not be affected.