(i) Chairman of the Board;
(ii) the Secretary, Under Secretary and Assistant Secretary of the Board;
and
(iii) such other Officers in the service of the Board, as may be declared by the regulations to be the Officers of the Board.
Chairman and Vice-Chairman of the Board
8. (1) The Chairman of the Board shall be appointed by the Government by a notification published in the official gazette.
(2) The Chairman shall possess a minimum educational qualification of a Master’s Degree from a recognized University, with teaching and/or administrative experience of not less than fifteen years in a responsible position of which at least five years shall be in the rank of a Professor of a University or equivalent or in the rank of a Joint Secretary to Government of India or equivalent. The qualifications may, however, be relaxed by the Government in the case of exceptionally meritorious cases otherwise.
(3) The Chairman of the Board shall, subject to any terms and conditions in his contract of service, hold office for a term of four years from the date on which he enters upon his office:
Provided that notwithstanding the expiry of the said period of four years, he shall continue in office until his successor is appointed and enters upon his office.
(4) The Government may, from time to time, extend the term of Office of the Chairman of the Board:
Provided that the term shall not exceed in the aggregate a period of eight years.
(5) No person shall hold or continue to hold the Office of the Chairman of the Board after he completes the age of sixty-five years.
(6) The Chairman of the Board shall be a servant of the Government and shall draw his salaries and allowances from the funds of the Government. The salaries and allowances and other conditions of service of the Chairman of the Board shall be such as may be prescribed by the Government.
393
(7) The Government shall appoint a Vice-Chairman from amongst the members of the Board, to exercise the powers and duties of the Chairman in his absence.
(8) If the Office of the Chairman becomes vacant due to death, resignation, removal or otherwise, or if he is unable to perform his duties owing to absence, illness or any other cause, the Vice-Chairman shall attend to the duties of Chairman and in his absence, the Government shall nominate from among the members of the Board a person to perform the duties of the Chairman until a new Chairman assumes office or until the existing Chairman attends to the duties of his office, as the case may be:
Provided that the Government shall necessarily appoint a Chairman if the period of absence of the incumbent Chairman is for more than one month or for such other period as the Government may decide in this regard.
Powers and duties of the Chairman
9. (1) The Chairman of the Board shall be the principal academic and controlling officer of the Board and shall preside over the meetings of the Board and any convocation of the Board. He shall be the ex-officio member and the Chairman of the Executive Council, the Academic Council, the Examination Committee, the Finance Committee, the Affiliation Committee and any other committees which the Board may constitute and deem it necessary for him to chair.
(2) He shall be entitled to be present with the right to speak, at any meeting of any authority or body of the Board, but shall not be entitled to vote unless he is a member of that authority or body.
(3) The Chairman of the Board shall have the power to convene meetings of the Board, the Executive Council, the Academic Council, the Examination Committee, the Affiliation Committee and any other body or Committee of the Board. He may delegate, by a regulation, this power to any other officer of the Board.
(4) It shall be the duty of the Chairman of the Board to ensure that the regulations made are faithfully observed and he shall have all powers necessary for this purpose.
(5) If there are reasonable grounds for the Chairman of the Board to believe that there is an emergency which requires immediate action to be taken, he shall take such action as he deems necessary and shall at the earliest opportunity thereafter, report his action to the said authority or body which would have in the ordinary course dealt with the matter. In the event of a dispute arising between the Chairman of the Board and the authority or body as to whether there was an emergency, the matter shall be referred to the Board, the decision of which shall be final.
394
(6) The Chairman of the Board shall be responsible for the administration of the affairs of the Board in accordance with the regulations made and shall give effect to the decisions of the Executive Council and other authorities or bodies of the Board which are not inconsistent with this Act.
(7) It shall be lawful for the Chairman of the Board, as the principal Executive Officer, to regulate the work and conduct of the officers and members of the administrative and ministerial staff of the Board in accordance with the provisions of this Act and rules and regulations made thereunder.
(8) Where any matter is required to be regulated by a Regulation, the Chairman of the Board may for the time being regulate the matter by issuing such directives as he thinks necessary, and shall at the earliest opportunity thereafter, place them before the Executive Council or other authority or body concerned for approval.
(9) The Chairman of the Board shall exercise such other powers as may be prescribed.
Appointment, duties and powers of Secretary, Under Secretary and Assistant Secretary
10. (1) The Secretary of the Board shall be a whole time salaried officer of the Board.
He shall be appointed by the Government. His emoluments and terms and conditions of service shall be as may be prescribed. The Secretary shall possess a minimum educational qualification of a second class Master‘s Degree from a recognized University. He shall preferably have a teaching and/or administrative experience of not less than ten years.
(2) Next to the Chairman of the Board, the Secretary of the Board shall maintain control and discipline over all the employees of the Board.
(3) The Secretary shall act as Secretary of the Board, the Executive Council, the Academic Council, the Examination Committee, the Finance Committee, the Affiliation Committee and all such other committees of the Board which the Board may desire him to do so, but he shall not be entitled to vote.
(4) Subject to the control of the Executive Council, the Secretary shall have the power to enter into agreements, sign documents and authenticate records on behalf of the Board.
(5) He shall be the custodian of the records, the Common Seal and such other properties of the Board as the Executive Council may commit to his charge.
395
(6) He shall keep the minutes of all meetings of the Board, the Executive Council, the Academic Council, the Examination Committee, the Affiliation Committee and all such other committees and bodies where he may be permitted to act as the Secretary by the Chairman of the Board.
(7) The Secretary shall ensure, in accordance with the directions of the Chairman of the Board, and wherever necessary in consultation with the Examination Committee, the proper organisation and conduct of final examinations and such other tests and examinations as may be conducted by the Board and declaration of results thereof.
(8) The Secretary shall exercise such other powers and perform such other duties as may be prescribed or are required from time to time by the Executive Committee or the Chairman of the Board.
(9) The Government may appoint one or more Under Secretaries and Assistant Secretaries for the Board on the recommendation of the Board. Such Under Secretaries and Assistant Secretaries shall exercise such powers and perform such duties as may be assigned to them by the Secretary under the general or special orders of the Board.
(10) When the Office of the Secretary of the Board falls vacant or when Secretary is, by reason of illness, or absence or any other cause, unable to perform the duties of his office, such duties shall be performed by such person as the Chairman of the Board may appoint for the purpose from among the Under Secretaries. The Secretary, Under Secretaries and Assistant Secretaries appointed under this Act, shall be the servants of the Government and shall draw their salaries and allowances from the Consolidated Fund of the Union Territory. The salaries and allowances of these officers shall be such as may be prescribed by the Government.
Appointment of other officers and servants of the Board
11.(1) The Board may appoint such other officers and servants as it considers necessary for the efficient performance of its functions under this Act.
(2) The salaries and allowances and other terms and conditions of service of the officers and other servants appointed by the Board under sub-section (1) shall be such as may be determined by it by regulations made under this Act.
396
CHAPTER – IV Authorities of Board