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State of West Bengal - Section

Section 9A in The Burdwan University Act, 1981.

9A. [ [Inserted by Act No. 12 of 2011.]

(1)
(a)The Pro-Vice-Chancellor (Administration and Academic) shall be appointed from the persons of the highest level of competence, integrity, morals and institutional commitment. The Pro- Vice-Chancellor (Administration and Academic) shall be a distinguished academic with a minimum of ten years of experience in a University system of which atleast 5 years shall be as Professor or ten years of experience in a reputed research or academic administrative organization of which at least 5 years shall be in an equivalent position.
(b)The Pro-Vice-Chancellor (Administration and Academic) shall be appointed by the Chancellor in consultation with the Minister. The term of his office shall be for four years and he shall be eligible for reappointment for a period not exceeding four years but shall not hold office beyond the age of sixty-five years.
(2)The Pro-Vice-Chancellor (Administration and Academic) 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.
(3)The Pro-Vice-Chancellor (Administration and Academic) may resign his office by writing under his hand addressed to the Chancellor.
(4)If-
(a)the Pro-Vice-Chancellor (Administration and Academic) is, by reason 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 Pro-Vice-Chancellor (Administration and Academic) by reason of death, resignation or expiry of the term of his office, removal or otherwise,
then, during the period of such temporary inability or pending the appointment of a Pro-Vice-Chancellor (Administration and Academic), as the case may be, the Chancellor, in consultation with the Minister and the Vice-Chancellor, shall authorize a senior teacher of the University or an officer of the University to exercise the powers and perform the duties of the Pro-Vice-Chancellor (Administration and Academic).
(5)The vacancy in the office of the Pro-Vice-Chancellor (Administration and Academic) occurring by reason of death, resignation or expiry of the term of his office, removal or otherwise shall be filled up by appointment of a Pro-Vice-Chancellor (Administration and Academic) in accordance with the provisions of sub-section (1).
(6)The Pro-Vice-Chancellor (Administration and Academic) 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 Pro-Vice-Chancellor (Administration and Academic) 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 Pro-Vice Chancellor (Administration and Academic) is partisan, decision of the Chancellor thereon shall be final:Provided that the Pro-Vice-Chancellor (Administration and Academic) 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).]