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[Cites 0, Cited by 16] [Entire Act]

State of Maharashtra - Section

Section 12 in The Maharashtra Universities Act, 1994

12. Appointment of the Vice-Chancellor.

(1)The Vice-Chancellor shall be appointed by the Chancellor in the manner stated hereunder: -
(a)There shall be a committee consisting of the following members to recommend suitable names to the Chancellor for appointment of Vice-Chancellor, namely:-
(i)a member nominated by the Chancellor, who shall be the retired Judge of the Supreme Court or retired Chief Justice of a High Court or an eminent scientist of national repute or a recipient of Padma Award in the field of education;
(ii)the Principal Secretary of Higher and Technical Education Department or any officer not below the rank of Principal Secretary to Government nominated by the State Government;
(iii)the Director or Head of an institute or organization of national repute, such as, Indian Institute of Technology, Indian Institute of Management, Indian Institute of Science, Indian Space Research Organisation or National Research Laboratory, nominated by the Management Council and the Academic Council, jointly, in the manner specified by the State Government by an order published in the Official Gazette,).
(b)The member nominated by the Chancellor shall be the Chairman of the Committee;
(c)The members nominated shall be the persons who are not connected with the university or any college or any recognized institution of the university;
(d)No meeting of the Committee shall be held unless all the three members of the Committee are present;
Sub-section (1) was substituted by Maharashtra 14 of 2009, section 10(a), w.e.f. 24-3-2009.Substituted sub-section (l) reads as follows:(1) The Vice-Chancellor shall be appointed by the Chancellor in the manner stated hereunder:-(a) There shall be a committee consisting of the following members to recommend suitable names, for appointment of Vice-Chancellor, namely:-(i) the Principal Secretary of Higher and Technical Education Department or any officer not below the rank of Principal Secretary to Government, nominated by the State Government],(ii) A nominee of the University 6rants Commission,(iii) One member nominated by the Chancellor,.(iv) One member nominated by the Management Council:,(v) One member nominated by the Academic Council,(b) The member nominated shall be the persons who are not connected with the university or any college or any recognized institution of the University;(c) the Chancellor shall nominate one of them as the Chairman of the Committee;(d) The quorum for the meeting of the Committee she be three.
(2)The process of preparing a panel shall begin at least three months before the probable date of occurrence of the vacancy of the Vice-Chancellor and shall be completed within the time limit fixed by the Chancellor. The Chancellor, however, may extend such time limit if in the exigency of the circumstances, it is necessary so to do, so however that the period so extended shall not exceed three months in the aggregate.
(3)[ The Committee shall recommend a panel of not less than five suitable persons for the consideration of the Chancellor for being appointed as the Vice-Chancellor. The names so recommended shall be in alphabetical order without any preference being indicated. The report shall be accompanied by a detailed write up on suitability of each person included in the panel.
(3A)A person recommended by the Committee for appointment as a Vice-Chancellor shall,-
(a)be an eminent academician or an administrator of high caliber;
(b)be able to provide leadership by his own example;
(c)be able to provide vision and have ability to translate the same into reality in the interest of students and society; and
(d)possess such educational qualifications and experience as may be specified by the State Government, by an order published in the Official Gazette, in consultation with the Chancellor.
(3B)The eligibility conditions and the process for recommendation of names for appointment as Vice-Chancellor shall be given wide publicity to ensure the recommendation of most suitable candidates.] [[These sub-sections were substituted for sub-section (3) by Maharashtra 14 of 2009, section 10(b), w.e.f. 24-3-2009.Substituted sub-section (3) reads as follows.
(3)The committee shall recommend a panel of not less than three suitable persons for the consideration of the Chancellor for being appointed as the Vice Chancellor. The names shall be in alphabetical order without any preference being indicated. The report shall be accompanied by a detailed write-up on suitability for each person Included in the panel.]]
(4)The Chancellor may appoint one of the persons included in the panel to be the vice-Chancellor:Provided, however, that if the Chancellor does not approve any of the persons so recommended, he may call for a fresh panel either from the same committee or after constitution of a new committee for the purpose, from such committee.
(5)The person appointed as the Vice-Chancellor shall, subject to the terms and conditions of his contract of service, hold office for the contract period of five years from the date on which he enters upon his office or till attaining the age of sixty-five years, whichever is earlier and shall not be eligible for re-appointment.
(6)The person appointed as the Vice-Chancellor shall hold a lien, if any, on the post in which he is confirmed prior to the appointment.
(7)In any of the following circumstances, the [exigency] [This word was substituted, for the word' existence by Maharashtra 55 of 2000, section 9(b).] whereof shall solely be judged by the Chancellor, namely:-
(a)where the committee appointed under sub-section (1) is unable to recommend any name within the time limit specified by the Chancellor;
(b)where the vacancy occurs in the office of the Vice-Chancellor because of death, resignation or otherwise, and it cannot be conveniently and expeditiously filled in accordance with the provisions of sub-sections (1) to (4);
(c)where the vacancy in the office of the Vice-Chancellor occurs temporarily because of leave, illness or other causes;
(d)where the term of Vice-Chancellor has expired; or
(e)where there is any other emergency;
the Chancellor may appoint any suitable person, to act as the Vice-Chancellor for a [a term not exceeding twelve months] [These words were substituted for the words 'a term not exceeding six months' by Maharashtra 1 of 2010, section 3, w.e.f. 31-8-2009.], in the aggregate as he may specify in his order;Provided that, the person so appointed shall cease to hold such office on the date on which the person appointed as the Vice-Chancellor in accordance with the provisions of sub-sections (1) to (4) assumes office or the Vice-Chancellor resumes office.
(8)The Vice-Chancellor shall be a whole-time salaried officer of the University and shall receive pay and allowances as determined by the State Government. In addition, he shall be entitled to free furnished residence, a motor car for his use (including its maintenance, repairs and fuel required therefor), with the service of a chauffeur free of charge.
(9)Such sumptuary allowance shall be placed at the disposal of the Vice-Chancellor, as the State Government may approve.
(10)If a person receiving an honorarium from the consolidated fund of the State, or a principal of an affiliated college or a recognised institution or a university teacher is appointed as Vice-Chancellor, his terms and conditions of service shall not be altered to his disadvantage during his tenure as Vice-Chancellor:Provided that, the resultant vacancy in such post shall not be filled in by a long-term appointment during his tenure as Vice-Chancellor;
(11)Notwithstanding anything contained in the foregoing sub-sections, the person referred to in sub-section (6) shall stand retired from his original post in accordance with the terms and conditions of services of that post.
(12)The Vice-Chancellor may, by writing under his signature addressed to the Chancellor, after giving one month's notice resign from his office and shall cease to hold his office on the acceptance of his resignation by the Chancellor or from the date of expiry of the said notice period, whichever is earlier.
(13)The Vice-Chancellor may be removed from his office if the Chancellor is satisfied that the incumbent,-
(a)has become insane and stands so declared by a competent court;
(b)has been convicted by a court for any offence involving moral turpitude;
(c)has become an undischarged insolvent and stands so declared by a competent court;
(d)has been physically unfit and incapable of discharging functions due to protracted illness or physical disability;
[(d-1) 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 any other conditions prescribed by the State Government under sub-section (3) of section 11, or has abused the powers vested in him or if the continuance of the Vice-Chancellor in the office is detrimental to the interests of the University;] [This clause was inserted by Maharashtra 55 of 2000, section 9(c)(i).]
(e)is a member, of, or be otherwise associated with, any political party or any organisation which takes part in politics, or is taking part in, or subscribing in aid of, any political movement or activity.
Explanation.- For purposes of this sub-clause, whether any party is a political party, or whether any organisation takes part in politics or whether any movement or activity falls within the scope of this sub-clause, the 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) [, (d-1) and (e)]. [These brackets letters and word were substituted for the word, brackets and letter 'and (e)' by Maharashtra 55 of 2000, Section 9(c)(ii).]