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State of Himachal Pradesh - Section

Section 15 in The Sardar Vallabhbhai Patel Cluster University, Mandi, Himachal Pradesh (Establishment and Regulation) Act, 2018

15. Appointment of the Vice-Chancellor.

(1)A person of the highest level of competence, integrity, morals and institutional commitment shall be appointed as Vice-Chancellor of the Cluster University as per the norms of the University Grants Commission.
(2)The Vice-Chancellor shall be appointed by the Chancellor in consultation with the State Government. The Vice-Chancellor shall be a whole time salaried Officer of the Cluster University.
(3)Except as expressly provided in sub-sections (4) and (8), the Vice-Chancellor shall, subject to the pleasure of the Chancellor, hold office for a term of three years from the date on which he enters upon his office and shall, on the expiry of the term of his office, be eligible for reappointment to that office :Provided that the Vice-Chancellor shall, notwithstanding the expiry of the said period of three years, continue to hold his office until his successor is appointed and enters upon his office.
(4)No person shall be appointed, or if appointed shall hold or continue to hold office, as Vice Chancellor if he has attained the age of sixty five years.
(5)The Chancellor, by general or special order, may place the Vice-Chancellor under suspension,-
(a)where an enquiry under sub-section (8) is contemplated or is pending; or
(b)where, in the opinion of the Chancellor, he has engaged himself in activities prejudicial to the interest of the Cluster 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 like apprehended tempering with documents or to influence witnesses etc..
(6)The Vice-Chancellor under suspension shall be entitled to a subsistence allowance at an amount equal to leave salary which the 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.
(7)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,-
(a)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, nor directly attributable to the Vice-Chancellor;
(b)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 due to reasons, to be recorded in writing, directly attributable to the Vice-Chancellor; and
(c)the rate of dearness allowance shall be based on the increased or the decreased amount, as the case may be, of subsistence allowance admissible under clause (a) and (b).
(8)No payment under sub-section (6) shall be made unless the Vice-Chancellor furnishes a certificate that he is not engaged in any other employment, business, profession or vocation.
(9)If in the opinion of the Chancellor, the Vice-Chancellor wilfully omits or refuses to carry out the provisions of this Act or abuses the powers vested in him or if it appears to the Chancellor that the continuance of the Vice-Chancellor in office is detrimental to the interests of the Cluster University, the Chancellor may, after making such enquiry as he deems proper and in consultation with the State Government, by order remove the Vice- Chancellor :Provided that in the event of taking any action on a report of an enquiry under section 12, no further enquiry shall be necessary under this sub-section but the Vice-Chancellor shall be afforded an opportunity of being heard after making him available a copy of enquiry report.
(10)The Vice-Chancellor may resign by a notice of one month, in writing under his hand, addressed to the Chancellor. The Chancellor may waive off the period of notice and accept the resignation forthwith in consultation with the State Government.