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State of Himachal Pradesh - Section

Section 24 in Himachal Pradesh Universities of Agriculture, Horticulture and Forestry Act, 1986

24. Vice-Chancellor.

(1)The Vice-Chancellor shall be a whole time officer of the University, who shall be appointed by the Chancellor on the recommendations of the Selection Committee consisting of-
(i)a nominee of the Chancellor;
(ii)the Director General, Indian Council of Agricultural Research; and
(iii)the Chairman, Universities Grants Commission or his nominee.
(2)The Chancellor shall nominate one of the members referred to in sub-section (1) as the Chairman of the Selection Committee.
(3)The Vice-Chancellor shall normally hold office for a term of three years and be eligible for re-appointment for another three years but not beyond the age of 65. The emoluments and other conditions of service of the Vice- Chancellor shall be such as may be prescribed and shall not be varied to his disadvantage after his appointment :Provided that the Chancellor may allow him to continue in office until his successor is appointed but this period shall not exceed one year.
(3a)The Vice-Chancellor, by general or special order, may place the Vice- Chancellor under suspension, -
(i)where an enquiry under sub-section (6) of this section is contemplated or is pending; or
(ii)where in the opinion of the Chancellor, he has engaged himself in activities prejudicial to the interest of the University; or
(iii)where a case against him in respect of any criminal offence is under investigation, inquiry or trial; or
(iv)where his continuance in office will prejudice the investigation, inquiry or trial (e.g. apprehended tampering with documents or to influence witnesses).
(3b)The Vice-Chancellor under suspension shall be entitled to a subsistence allowance at an amount equal to leave salary which the Vice- Chancellor would have drawn if he had been on leave on half average pay or on half pay and in addition, dearness allowance, if admissible on the basis of such leave salary;Provided that where the period of suspension exceeds three months, the Chancellor shall be competent to vary the amount of subsistence allowance for any period subsequent to the period of the first three months as follows :-
(i)the amount of subsistence allowance may be increased by a suitable amount, not exceeding fifty per cent of the subsistence allowance admissible during the period of first three months, if, in the opinion of the Chancellor, the period of suspension has been prolonged for reasons, to be recorded in writing, not directly attributable to the Vice-Chancellor;
(ii)the amount of subsistence allowance may be reduced by a suitable amount not exceeding fifty per cent of the subsistence allowance admissible during the period of first three months, if, in the opinion of the Chancellor, the period of suspension has been prolonged due to reasons, to be recorded in writing directly attributable to the Vice-Chancellor; and
(iii)the rate of dearness allowance shall be based on the increased or, as the case may be, the decreased amount of subsistence allowance admissible under clauses (i) and (ii).
(3c)No payment under sub-section (3-b) shall be made unless the Vice-Chancellor furnishes a certificate that he is not engaged in any other employment, business, profession or vocation; and"Provided that in the event of taking any action on a report of an enquiry under section 8 or section 8-A of this Act, as the case may be, no further enquiry shall be necessary under this sub-section but the Vice-Chancellor shall be afforded an opportunity of being heard after making him available a copy of enquiry report".
(4)The Vice-Chancellor may resign by giving a notice of one month in writing under his signatures addressed to the Chancellor. The Chancellor may waive off the period of notice and accept the resignation forthwith in consultation with the State Government.
(5)During temporary absence of the Vice-Chancellor by reason of leave, illness or any other cause, the Chancellor may make such arrangements for carrying out the duties of the Vice-Chancellor, as he may deem fit, from amongst the senior faculty members of the University. Where the post of the Vice-Chancellor falls permanently vacant either by resignation or otherwise, the vacancy shall be filled in accordance with the provisions of sub section (1) of this section and the Vice-Chancellor so appointed shall hold office for a full term or till the attainment of the age of 65 years, whichever is earlier.
(6)If, in the opinion of the Chancellor, a Vice-Chancellor willfully omits or refuses to carry out the provisions of this Act or abuses the powers vested in him or if it appears to the Chancellor that continuance of that Vice-Chancellor in office is detrimental to the interests of the University, the Chancellor may, by order, remove the Vice-Chancellor, after giving him an opportunity to show cause against the action proposed to be taken against him.