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Union of India - Section

Section 31 in Banaras Hindu University Act, 1915

31. Removal of teachers. - (a) Where there is an allegation of misconduct against a teacher, the Vice-Chancellor may, if he thinks fit, by order in writing, place the teacher under suspension and shall forthwith report to the Executive Council the circumstances in which the order was made:

Provided that the Executive Council may, if it is of the opinion, that the circumstances of the case do not warrant the suspension of the teacher, revoke that order.
(b)Notwithstanding anything contained in the terms of his contract of service or of his appointment, the Executive Council shall be entitled to remove a teacher on the ground of misconduct.
(c)Save as aforesaid, the Executive Council shall not be entitled to remove a teacher except for good cause and after giving three months notice in writing or payment of three months' salary in lieu of notice.
(d)No teacher shall be removed under clause (b) or under clause (c) until he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.
(e)The removal of a teacher shall require a two-thirds majority of the members of the Executive Council present and voting.
(f)The removal of a teacher shall take effect from the date on which the order of removal is made:
Provided that where a teacher is under suspension at the time of his removal, the removal shall take effect on the date on which he was placed under suspension.
(g)Notwithstanding anything contained in these Statues, the teacher shall be entitled to resign by giving three months notice in writing to the Executive Council.