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[Cites 0, Cited by 0] [Section 10] [Entire Act]

State of West Bengal - Subsection

Section 10(7) in The Netaji Subhas Open University Act, 1997

(7)The Vice-Chancellor may be removed from his office by the Chancellor if he is satisfied that the incumbent,-
(a)has become insane and adjudged by a competent court to be of unsound mind; or
(b)has become an undischarged insolvent and stands so declared by a competent Court; or
(c)has been physically unfit and incapable of discharging function due to protracted illness or physical disability; or
(d)has willfully omitted or refused to carry out the provisions of this Act or has committed breach of any of the terms and conditions of the service contract or has abused or misused the powers vested in him or if the continuance in the office of the Vice Chancellor is detrimental to the interest of the University; or
(e)has been proved to be guilty of criminal breach of trust or criminal negligence or gross financial irregularity or impropriety or gross negligence of duty; or
(f)has shown incompetence to perform or has persistently made default in the performance of the duties imposed on him by or under this Act; or
(g)has been convicted by a court for any offence within the concept and meaning of the Code of Criminal Procedure, 1973; or 2 of 1974.
(h)is a member of, or otherwise associated with, any political party or acts in any partisan manner while in office.
Explanation. - For the purpose of this sub-clause, whether any party is a political party or any association is a political association or any act of the Vice Chancellor is partisan, decision of the Chancellor thereon shall be final:Provided that the Vice-Chancellor shall be given a reasonable opportunity to show cause by the Chancellor before taking recourse for his removal under clauses (d), (e), (f), (g) and (h).]
10. The Vice-Chancellor.- (1) The Vice-Chancellor shall be appointed by the Chancellor in consultation with the Minister from a panel of not less than three persons recommended by a committee consisting of three members of whom two shall be nominated by the Executive Council and one shall be nominated by the Chancellor. The person nominated by the Chancellor shall be the convenor of the committee, provided that no person who is an employee of the University or of any Regional Centre or Study Centre or a member of any authority of the University, shall be nominated to be a member of the committee.(2) (a) The Vice-Chancellor shall hold office for a term of four years or till he attains the age of 65 years, whichever is earlier, and shall be eligible for reappointment for another term of four years or till he attains the age of 65 years, whichever is earlier.(b) The Chancellor may, notwithstanding the expiration of the term of the office of the Vice-Chancellor or his attaining the age of 65 years, allow him to continue in office till a successor assumes office, provided that he shall not continue as such for any period exceeding six months.(3) The Vice-Chancellor shall be a whole-time officer of the University and shall be paid from the University Fund such salary and allowances as the Chancellor may decide in consultation with the State Government.(4) The Vice-Chancellor may resign his office by writing under his hand addressed to the Chancellor.(5) If-(a) the Vice-Chancellor is, by reasons of leave, illness or other cause, temporarily unable to exercise the powers and perform the duties of his office, or(b) a vacancy occurs in the office of the Vice-Chancellor by reason of death, resignation or expiry of the term of his office or otherwise,then, during the period of such temporary inability or pending the appointment of a Vice-Chancellor, as the case may be, the Chancellor may authorise, in consultation with the Minister, any person to exercise the powers and perform the duties of the Vice-Chancellor.(6) The vacancy in the office of the Vice-Chancellor occurring by reason of death, resignation or expiry of the term of his office or otherwise shall be filled up by appointment of a Vice-Chancellor in accordance with the provisions of sub-section (1) within a period of six months from the date of occurrence of the vacancy, and such period shall be held to include any period for which a Vice-Chancellor is allowed to continue in office under clause (b) of sub-section (2) or a person is appointed to exercise the powers and perform the duties of the Vice-Chancellor under clause (b) of sub-section (5).