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[Cites 0, Cited by 0] [Section 9] [Entire Act]

State of West Bengal - Subsection

Section 9(7) in The Sidho-Kanho-Birsha University Act, 2010

(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 wilfully 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; or
(h)is a member of, or otherwise associated with, any political party or acts in any partisan manner while in office.
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, decision of the Chancellor thereon shall be final: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).
Section 9 substituted by W.B. Act 12 of 2011, which was earlier as under :"9. The Vice-Chancellor.- (1) The Vice-Chancellor shall be appointed by the Chancellor on the unanimous recommendation of the Court. If the Court fails to make any such recommendation, the Vice-Chancellor shall be appointed by the Chancellor in consultation with the Minister from a panel of three persons to be elected by the Court in accordance with the system of proportional representation by means of the single transferable vote.(2) (a) The Vice-Chancellor shall hold office for a period four years or till he attains the age of 65 years, whichever is earlier and shall, subject to the provisions of this section, be eligible for reappointment for a period not exceeding four years;(b) the Chancellor may, notwithstanding the expiration of the term of the office of Vice-Chancellor or his attaining the age of 65 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 pay 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 or expiry of the term of his office, removal 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 may, in consultation with the Minister, appoint any 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.