Section 12D in Himachal Pradesh University Act, 1970
12D. Pro-Vice-Chancellor.
(1)The Pro-Vice-Chancellor shall be a whole time officer of the University. The Pro-Vice-Chancellor after the Commencement of the Himachal Pradesh University (Amendment) Act, 1996 shall be appointed by the Chancellor in consultation with the State Government, on such terms and conditions as the State Government may determine.(2)Except as expressly provided in sub-section (4) and (5), the Pro-Vice-Chancellor shall, subject to the pleasure of the Chancellor, hold office for a term of three years from the date he enters upon his office and shall on the expiry of his office, be eligible for reappointment to that office;Provided that notwithstanding the expiry of the term of his office, the Pro-Vice-Chancellor shall continue in office until his successor is appointed and enters upon his office.(3)The emoluments and other conditions of service of the Pro-Vice-Chancellor shall be such as may be prescribed and shall not vary to his disadvantage after his appointment.(4)A person appointed as Pro-Vice-Chancellor shall retire from office if during the term of his office or any extension there of, he completes the age of 65 years.(4-a) The Chancellor, by general or special order, may place the Pro-Vice-Chancellor under suspension;(a)where an enquiry under sub-section (5) of this section is contemplated or is pending; or(b)where, in the opinion of the Chancellor, he was engaged himself in activities prejudicial to the interest of the University; or(c)where a case against him in respect of any criminal offence is under investigation, inquiry or trial; or(d)where his continuance in office will prejudice the investigation, inquiry or trial (e.g. apprehended tempering with documents or to influence witnesses).(4-b) The Pro-Vice-Chancellor under suspension shall be entitled to a subsistence allowance at an amount equal to leave salary which the Pro-Vice-Chancellor would have drawn if he had been on leave on half average pay or on half pay and in addition, dearness allowance, if admissible on the basis of such leave salary:Provided that where the period of suspension exceeds three months, the Chancellor shall be competent to vary the amount of subsistence allowance for any period subsequent to the period of the first three months as follows:(i)the amount of subsistence allowance may be increased by a suitable amount, not exceeding fifty percent of the subsistence allowance admissible during the period of first three months, if, in the opinion of the Chancellor, the period of suspension has been prolonged for reasons to be recorded in writing, not directly attributable to the Pro- Vice-Chancellor;(ii)the amount of subsistence allowance, may be reduced by a suitable amount, not exceeding fifty percent of the subsistence allowance admissible during the period of first three months, if in the opinion of the Chancellor, the period of suspension has been prolonged for reasons, to be recorded in writing, directly attributable to the Pro-Vice-Chancellor; and(iii)the rate of dearness allowance shall be based on the increased or, as the case may be, the decreased amount of subsistence allowance admissible under clause (i) and (ii).(4-c) No payment under sub-section (4-b) shall be made unless the Pro-Vice-Chancellor furnishes a certificate that he is not engaged in any other employment, business, profession or vocation.(5)If, in the opinion of the Chancellor, the Pro-Vice-Chancellor willfully omits or refuses to carry out the provisions of this Act, or abuses the powers vested in him and if it appears to the Chancellor that the continuance of the Pro-Vice-Chancellor in office is detrimental to the interest of the University, the Chancellor may, after consultation with the Executive Council and the Government, by order remove the Pro-Vice-Chancellor after giving him an opportunity of showing cause against the action proposed to be taken in regard to him.Provided that in the event of taking any action on a report of an enquiry under section 9 of section 9-B of this Act, as the case may be, no further enquiry shall be necessary under this sub-section but the Pro-Vice-Chancellor shall be afforded an opportunity of being heard after making him available a copy of enquiry report.(6)The Pro-Vice-Chancellor may, by writing under his hand addressed to the Chancellor, resign his office. The resignation shall be delivered to the Chancellor ordinarily at least 60 days prior to the date on which the Pro-Vice-Chancellor wishes to be relieved from his office, but the Chancellor may relieve him earlier. The resignation shall take effect from the date of his relieving.
