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State of West Bengal - Section

Section 9 in The West Bengal Joint Entrance Examinations Board Act, 2014

9. The Chairman.

(1)The Chairman shall be a distinguished academician with proven competence and integrity having a minimum of twelve years of teaching with administrative experience.
(2)The Chairman of the Board shall be appointed by the State Government by order:Provided that the existing Chairman of the Board shall continue to function until he is otherwise removed or he attains the age of superannuation, or a new Chairman joins, whichever is earlier.
(3)The Chairman appointed under this Act shall hold office for a term of four years or till he attains the age of sixty-five years, whichever is earlier, and shall be eligible for re-appointment for another term of four years or till he attains the age of sixty-five years, whichever is earlier.
(4)The State Government may. notwithstanding the expiration of the term of the office of the Chairman or his attaining the age of sixty-five 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.
(5)The Chairman shall be a whole-time Officer of the Board and shall be paid from the Fund of the Board such salary and allowances as the State Government may determine from time to time.
(6)The powers and functions of the Chairman shall be such as may be provided for by the regulations.
(7)In case a full-time Chairman is not available, an eminent academician or an Administrator may be appointed as Chairman on a contractual basis till a full time Chairman can be appointed. The terms and conditions for such appointment shall be such as may be prescribed.
(8)The Chairman may resign from his office by officially writing in his hand to the State Government.
(9)If-
(a)the Chairman is, by reasons 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 Chairman by reason of death, resignation, removal, expiry of term of his office or otherwise.
then, during the period of such temporary inability or pending the appointment of a Chairman, as the case may be, the functions of the Board shall be exercised by the Vice-Chairman.
(10)The vacancy in the office of the Chairman 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 Chairman in accordance with the provisions of sub-section (2) within a period of three months from the date of occurrence of the vacancy.
(11)The Chairman may be removed from his office by the State Government if it 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 un-discharged 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 certified by a competent medical board; 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 his appointment or has abused or misused the powers vested in him or if the continuance in the office of the Chairman is detrimental to the interest of the Board; 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 moral turpitude; or
(f)has shown incompetence in performance or has 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 under the Code of Criminal Procedure, 1973:
Provided that the Chairman shall be given a reasonable opportunity of being heard by the State Government before taking recourse for his removal under clauses (d), (e), (f) and (g).
(c)has been physically unfit and incapable of discharging function due to protracted illness or physical disability certified by a competent medical board; 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 his appointment or has abused or misused the powers vested in him or if the continuance in the office of the Vice-Chairman is detrimental to the interest of the Board; 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 moral turpitude; 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:
Provided that the Vice-Chairman shall be given a reasonable opportunity of being heard by the State Government before taking recourse for his removal under clauses (d), (e), (f) and (g).