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State of Maharashtra - Section

Section 17 in The Maharashtra Agricultural Universities (Krishi Vidyapeeths) Act, 1983

17. Vice-Chancellor.

- [(1) The Vice-Chancellor shall be appointed by the Chancellor in the manner stated hereunder-(a)There shall be a Committee consisting of the following members to recommend suitable names to the Chancellor for appointment of the Vice-Chancellor, namely:-(i)a member nominated by the Chancellor, who shall be a retired Judge of the Supreme Court or retired Chief Justice of a High Court or an eminent scientist of national repute or a recipient of Padma Award in the field of education;[(ii ) the Director General, Indian Council of Agricultural Research, New Delhi ; or his nominee from amongst the following :-(A)a person who is retired as Director General, Indian Council of Agricultural Research, New Delhi ; or(B)the Chairman, Agricultural Scientists Recruitment Board (ASRB), New Delhi ; or(C)the Director, Indian Agricultural Research Institute (IARI), New Delhi ;][Sub-section (1) was substituted by Maharashtra 18 of 2010, Section 2(a), (w.e.f. 5.7.2010).](iii)the Principal Secretary (Agriculture) or Secretary (Agriculture), as the case may be, in the Agriculture, Animal Husbandry, Dairy Development and Fisheries Department of the Government of Maharashtra;(b)The member nominated by the Chancellor shall be the Chairman of the Committee;(c)The member nominated shall be the person not connected with the University or any recognised institution of the University;(d)No meeting of the Committee shall be held unless all the three members of the Committee are present.]
(2)[ The process of preparing a panel shall begin at least three months before he probable date of occurrence of the vacancy of the Vice-Chancellor and shall be completed within the time limit fixed by the Chancellor. The Chancellor, however, may extend such time limit if in the exigency of the circumstances, it is necessary so to do, however that the period so extended shall not exceed three months in the aggregate.
(2A)The Committee shall recommend a panel of not less than five suitable persons for the consideration of the Chancellor for being appointed as the Vice-Chancellor within the period of two months from its constitution. The names so recommended shall be in alphabetical order without any preferences being indicated. The report shall be accompanied by a detailed write-up on suitability of each person included in the panel.
(2B)The Chancellor may select one of the said persons from such panel for the post of the Vice-Chancellor and appoint the person to such post. If the Chancellor does not approve any of the person in the panel or if the person selected by the Chancellor for the post of Vice-Chancellor is not willing to accept the office of the Vice-Chancellor, the Chancellor may require the above-mentioned Committee to prepare a fresh panel.
(2C)A person recommended by the Committee for appointment as a Vice-Chancellor shall, -
(a)be an eminent academician or an administrator of high calibre;
(b)be able to provide leadership by his own example;
(c)be able to provide vision and have ability to translate the same into reality in the interest of students and society; and
(d)possess such educational qualifications and experience as may be specified by the State Government by an order published in the Official Gazette, in consultation with the Chancellor.
(2D)The eligibility conditions and the process for recommendation of names for appointment as a Vice-Chancellor shall be given wide publicity to ensure the recommendation of most suitable candidates.] [These sub-section were substituted for sub-section (2) by Maharashtra 18 of 2010, Section 2(b), (w.e.f. 5.7.2010).]
(3)The Vice-Chancellor shall be whole time salaried officer of the University.
(4)[ [The Vice-Chancellor shall, subject to the terms and conditions of his service, hold office for a period of five years from the date on which he enters upon his office; and shall not be eligible for reappointment:Provided that the Vice-Chancellor who is in office on the date of coming into force of the Maharashtra Agricultural Universities (Krishi Vidyapeeths) (Amendment) Act, 2003 shall, if, -
(i)it is his second term in office on reappointment, continue to hold the office
(ii)it is his first term in office, continue to hold the office till the complete of the term of five years from the date of his appointment to that office.]
The Chancellor may, by order,-
(a)direct that notwithstanding the expiration of his term, the Vice-Chancellor may continue to hold office; or
(b)nominate a Director or a Dean of the University or of any other Agricultural University in the State or any other person to hold the office of the Vice-Chancellor for such [term not exceeding twelve months in aggregate] [These words were substituted for the words 'term not exceeding six months in the aggregate' by Maharashtra 18 of 2010, Section 2(c), (w.e.f. 5.7.2010).], as he may specify from time to time in his order:
Provided that, the Vice-Chancellor, so continuing or the Director, Dean or other person so nominated to hold office of the Vice-Chancellor, shall cease to hold such office on the date on which the person appointed as Vice-Chancellor in accordance with the provisions of sub-section (1) enters upon his office.
(4A)No person shall hold, or continue to hold, the office of Vice-Chancellor after he attains the age of sixty-five years.
(4B)For the removal of doubt, it is hereby declared that, notwithstanding anything contained in this Act or the terms of any contract of service or the term of office of any person who, on the date of commencement of the Maharashtra Agricultural Universities (Krishi Vidyapeeths) (Amendment) Act, 1989, continues to hold the office of the Vice-Chancellor of any University,-
(a)after having completed three years or more in such office or attained the age of sixty-five years; or
(b)completes three years in such office after the date of such commencement shall cease to hold such office on the date of such commencement or, as the case may be, on the date of completion of three years in such office, and accordingly such person shall be deemed to have vacated such office on the respective such date and such office shall be deemed to be vacant on such date.]
(5)The Vice-Chancellor may, after giving three months' notice, resign his office, by tendering his resignation in writing to the Chancellor. The resignation shall take effect on its acceptance by the Chancellor.
(6)
(a)The Chancellor may, on the recommendation of the Pro-Chancellor on the ground that the Vice-Chancellor has neglected or without reasonable excuse has failed to carry out his responsibility of implementing the directions issued by the Pro-Chancellor under section 7, or by the State Council under section 12, by order, remove the Vice-Chancellor at any time from office.
(b)If the Vice-Chancellor, in the opinion of the Chancellor, omits or refuses to carry out the provisions of this Act [or commits or has committed breach of any of the terms and conditions of the service contract] [These words were inserted by Maharashtra 14 of 2003, Section 5(c), (w.e.f. 3.3.2003).] or abuses the powers vested in him and if it appears to the Chancellor that the continuance of the Vice-Chancellor in office detrimental to the interests of the University, the Chancellor may, after consultation faith the concerned Executive Council, by order, remove the Vice-Chancellor at any time from office.
(c)No order under clause (a) or (b) shall be made, unless the Vice-Chancellor has been given a reasonable opportunity of being heard in respect of the action proposed to be taken against him.
(7)[ (a) The Vice-Chancellor shall draw such emoluments as the State Government may, from time to time, whether prospectively or retrospectively, determine;
(b)The other conditions of service of the Vice-Chancellor shall be such as may be determined by the Statutes and accepted by the Vice-Chancellor at the time of his appointment:
Provided that, the emoluments and other conditions of service shall not be varied to the disadvantage of a Vice-Chancellor during his tenure as Vice-Chancellor.] [Sub-section (7) was substituted by Maharashtra 12 of 1988 Section 4.]
(8)In the event of the occurrence of a vacancy in the office of the Vice-Chancellor by reason of death, resignation of otherwise, the Chancellor may nominate a Director or a Dean of the University or any other Agricultural University in the State or any other person to act as Vice-Chancellor, until a regular appointment of Vice-Chancellor is made in accordance with sub-section (1) of this section:Provided that the period of such interim arrangement shall not exceed six months.
(9)Where any temporary vacancy in the office of the Vice-Chancellor occurs by reason of leave, illness or other cause, the Pro-Chancellor shall make such arrangements for carrying on the duties of the office of the Vice-Chancellor, as he may think fit. Until such arrangements are made, the Director or the Dean or any other person nominated by the Pro-Chancellor for that purpose shall carry on the current duties of the office of the Vice-Chancellor:Provided that, in the case of a temporary vacancy of less than two months, the Vice-Chancellor may by order in writing entrust his duties to any Director or Dean or, in their absence to the Registrar, as a measure of emergency.