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Section 5: Terms and conditions of service of Chairman and members

The Andhra Pradesh Commissionerate of Higher Education Act, 1986.State Act of Andhra Pradesh · Act 26 of 1986

(1) A person appointed as Chairman, Vice-Chairman or member (other than an exofficio member) shall, unless he becomes disqualified for continuing as such under the rules made under this Act hold office for such term as may be specified in the order of appointment which shall not exceed three years and shall be eligible for re-appointment as Chairman, Vice-Chairman or member as the case may be, for another term of three years only :

Provided that in no case the Chairman, Vice-Chairman or other member shall hold office beyond the age of sixty years.

(2) The Chairman, Vice-Chairman or a member (other than an ex-officio member) may resign his office by writing under his hand addressed to the Government and every such resignation shall take effect from the date on which it is accepted by the Government.

(3) The Chairman, the Vice-Chairman or a member, other than an exofficio member, shall not be removed from his office except by an order of the Government passed on the ground of willful omission or refusal to carry out the provisions of this Act or abuse of the powers vested in him and after due inquiry by such person who is or has been a Judge of a High Court or the Supreme Court as may be appointed by the Government, in which such Chairman, Vice-Chairman or member shall have an opportunity of making his representation against such removal.

(4) If a casual vacancy occurs in the office of the Chairman, whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity the Vice-Chairman holding office as such for the time being shall act as the Chairman and shall, unless any other person is appointed earlier as the Chairman, hold the office of the Chairman for the remainder of the term of office of the person in whose place he is to so act:

Provided that where no Vice-Chairman is holding office at the time when the vacancy in the office of the Chairman occurs, the Government shall, appoint any other member to act as the Chairman and the person so appointed shall not hold the office of the Chairman for a period exceeding six months.

(5) If a casual vacancy occurs in the office of the Vice-Chairman or any other member, whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, such vacancy shall be filled by the Government by making a fresh appointment and the member so appointed shall hold office for a term of three years.

(6) The office of the Chairman and the Vice-Chairman shall be wholetime and salaried and subject thereto, the terms and conditions of service of the Chairman and Vice-Chairman and other members shall be such as may be prescribed.

6. Meeting of the Commissionerate - The Commissionerate shall meet at such time and place and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations made under this Act.

7. Vacancies amongst members or defect in constitution not to invalidate acts or proceeding of the Commissionerate - No act or proceedings of the Commissionerate shall be deemed to be invalid by reason of any vacancy, in or any defect in the constitution of the Commissionerate.

8. Temporary association of persons with the Commissionerate for particular purposes - (1) The Commissionerate may associate with itself in such manner and for such purposes as may be determined by regulations made under this Act, any person whose assistance or advise it may require in carrying out any o f the provisions of this Act.

(2) A person associated with it by the Commissioherate under subsection (1) for any purpose shall have a right to speak in or otherwise to take part in the proceedings of any meeting of the Commissionerate but shall not by virtue of this section be entitled to vote at any such meeting.

9. Director of Higher Education etc., to be under the administrative control of the Commissionerate -(1) With effect on and from the Constitution of the Commissionerate under section 3 and notwithstanding anything contained in the Andhra Pradesh Intermediate Education Act, 1971 and the Andhra Pradesh Education Act, 1982, the Director of Higher Education, the Secretary, Board of Intermediate Education, the Director of Technical Education and the Secretary to the Board of Technical Education shall function under the Administrative control of the Commissionerate.

(2) The Government may appoint a Secretary and the Commissionerate may appoint such other Officers and employees from time to time with the previous approval of the Government.

(3) The Government shall pay out of the Consolidated Fund of the State the salaries, allowances, pension and contributions, if any, towards the provident fund or pension-cum-provident fund of the officers and other employees of the Commissionerate.

(4) The classification and the methods of recruitment, conditions of service, pay and allowances and disciplinary conduct of the officers and other employees referred to in this section shall be regulated in accordance with the provisions of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984 and such rules as may be made under the proviso to Article 309 of the Constitution.

Where this provision sits

ActThe Andhra Pradesh Commissionerate of Higher Education Act, 1986.
Section5
Marginal noteTerms and conditions of service of Chairman and members
JurisdictionState of Andhra Pradesh
StatusIn force as published by the source

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