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State of West Bengal - Section

Section 11 in The Alipurduar University Act, 2018

11. The Vice- Chancellor.

(1)
(a)The Vice-Chancellor shall be a distinguished academician with proven competence and integrity and having a minimum of ten. years experience in a University system of which at least five years shall be as professor or ten years of experience in a reputed research or academic administrative organization of which at least five years shall be in an equivalent position of professor.
(b)The Vice-Chancellor shall be appointed by the Chancellor out of a panel of three names recommended in order of preference by the Search Committee constituted by the State Government. While preparing the panel, the Search Committee must give proper weightage to academic excellence, exposure to the higher education system in the country and abroad and adequate experience in academic and administrative governance and reflect the same in writing while submitting the panel to the Chancellor.
(c)The Search committee shall be constituted in the following manner :-
(i)an academician, not below the rank of the Vice-Chancellor of a Central or State-aided University or the Director of a National institute of higher learning, to be nominated by the Chancellor in consultation with the Minister, who shall be the Chairperson of the Committee;
(ii)an academician, not below the rank of a Professor of a Central or State aided University or National institute of higher learning, to be nominated by the State Government:
(iii)an academician not below the rank of a Professor of a Central or State aided University or National institute of higher learning, to be nominated by the Court:
Provided that the nominees, as mentioned under sub-clause (i), (ii) and (iii) shall not be the persons associated with the concerned University for which the Search committee is constituted.
(2)
(a)The Vice-Chancellor shall hold office for a period of four years or till he attains the age of sixty-five years, whichever is earlier, and shall be eligible for reappointment for another term of four years or till he attains the age of sixty-five years, whichever is earlier, following the provisions of sub-section (1).
(b)The Chancellor may, notwithstanding the expiration of the term of the office of Vice-Chancellor or his attaining the age of sixty-five 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 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 Vice-Chancellor by reason of death, resignation, removal, 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, in consultation with the Minister, appoint a 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, removal 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 should 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 by the Chancellor in consultation with the Minister to exercise the powers and perform the duties of the Vice-Chancellor under sub-section (5).
(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; (2 of 1974.) or
(h)is a member of, or otherwise associated with, any political party or acts in any partisan manner while in office:
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).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, the decision of the Chancellor thereon shall be final.