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State of West Bengal - Section

Section 5 in The West Bengal State Council Of Higher Education Act, 1994.

5. Terms and conditions of service of Chairman, Vice-Chairman and members.

(1)The Chairman, the Vice-Chairman or any other member (other than an ex officio member) shall be appointed by the Government ordinarily for a term of four years and shall be eligible for reappointment for a second term:Provided that it shall be competent for the Government to make any appointment under this sub-section for a term of less than four years, if it considers necessary so to do:Provided further that the Chairman, the Vice-Chairman or any other member (other than an ex officio member) who incurs any disqualification under the rules made in this behalf shall cease to hold the office of the Chairman, the Vice-Chairman or member.
(2)The Chairman, the Vice-Chairman or any other member (other than an ex officio member) may resign his office by writing under his hand addressed to the Government, and every such resignation shall take effect from the date on which it is accepted by the Government.
(3)The Chairman, the Vice-Chairman or any other member (other than an ex officio member) shall not be removed from his office except by an order of the Government on the ground of wilful omission or refusal to carry out the provisions of this Act or abuse of the powers vested on him and after such inquiry as may be ordered by the Government when such Chairman. Vice-Chairman or member, as the case may be, shall be given an opportunity of making his representation against such removal.
(4)When a person, is qualified to be a member of the State Council by virtue of his representing a particular institution or interest, he shall cease to be member of the State Council when he ceases to represent such institution or interest.
(5)If any casual vacancy occurs in the office of the Chairman, the Vice-Chairman or any other member (other than an ex officio member), whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity or for any other reason, such vacancy shall be filled by the Government as soon as may be in the manner provided in sub-section (1). Such Chairman, the Vice-Chairman or nominated or appointed member shall hold office only for the remainder of the term for which the person whose place he fills would have remained.
(6)The selection criteria, age, conditions of service of the Chairman, the Vice-Chairman and other members (other than an ex officio member) of the State Council shall be such as may be prescribed:Provided that the office of the Chairman, the Vice-Chairman and Member-Secretary shall be whole-time.
(7)The Chairman, the Vice-Chairman and the Member-Secretary shall exercise such powers and perform such functions as may be prescribed.
(8)In case the Chairman is absent from duties, the Vice-Chairman of the State Council shall hold the office of the Chairman during the period the Chairman remains absent and in case both the Chairman and the Vice-Chairman are absent from duties temporarily, one of the members of the State Council shall, with the approval of the Minister-in-Charge, Higher Education Department of the Government, hold the office of the Chairman during the period the Chairman remains absent. In case the post of Chairman becomes vacant temporarily owing to death, resignation or serious ailment of the Chairman, Minister-in-Charge, Higher Education Department of the Government shall be authorised to fill the vacancy temporarily till such vacancy is filled by the Government under sub-section (5).
Section 5 substituted by W.B. Act 25 of 2007, which was earlier as under :-"5. Terms and conditions of service of Chairman, Vice-Chariman and members.- (1) The Vice-Chairman and other members (other than anex officiomember) shall be appointed by the Government ordinarily for a term of four years and shall be eligible for re-appointment for a second term:Provided that a person who has not attained the age of sixty-five years shall be eligible to be appointed as Vice-Chairman:Provided further that it shall be competent for the Government to make any appointment under this sub-section for a term of less than four years if it considers necessary so to do:Provided also that the Vice-Chairman or any other member (other than anex officiomember) who incurs any disqualification under the rules made in this behalf shall cease to hold the office of Vice-Chairman or member.(2) The Vice-Chairman or any other member (other than anex officiomember) may resign his office by writing under his hand addressed to the Government, and every such resignation shall take effect from the date on which it is accepted by the Government.(3) The Vice-Chairman or any other member (other than anex officiomember) shall not be removed from his office except by an order of the Government on the ground of wilful omission or refusal to carry out the provisions of this Act or abuse of the powers vested on him and after such inquiry as may be ordered by the Government when such Vice-Chairman or member, as the case may be, shall be given an opportunity of making his representation against such removal.(4) When a person is qualified to be a member of the State Council by virtue of his representing a particular institution or interest, he shall cease to be a member of the State Council when he ceases to represent such institution or interest.(5) If any casual vacancy occurs in the office of the Vice-Chairman or any other member (other than anex officiomember), whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity or for any other reason, such vacancy shall be filled by the Government as soon as may be in the manner provided in sub-section (1). Such Vice-Chairman or nominated or appointed member shall hold office only for the remainder of the term for which the person whose place he fills would have remained as the Vice-Chairman or nominated or appointed member, as the case may be.(6) The office of the Vice-Chairman and the Member-Secretary shall be wholetime and salaried, and the other terms and conditions of service of the Vice-Chairman and other members shall, subject to the provisions of this sub-section, be such as may be prescribed.(7) The Chairman, the Vice-Chairman and the Member-Secretary shall exercise such powers and perform such functions as may be prescribed.".