(1) Subject to the provisions of this Act, a person shall be appointed as Chairperson if he is or has,—
(a) attained the age of forty-five years or above;
been a person having no infirmity of body or mind;
not been guilty of misconduct involving moral turpitude;
not been an undischarged insolvent;
been a person, in the opinion of State Government, of highest level of competence, integrity, morals and institutional commitment;
at least been an Associate Professor for five years along with—
(i) ten years teaching experience in a University; or
(ii) fifteen years teaching experience in a Government aided College or in a Government College; or
(iii) fifteen years combined teaching experience in a Government aided College or in a Government College or in a University taken together.
(2) The other Members of the Commission shall be appointed by the State Government from amongst the retired persons who shall also be at least an Associate Professor for five years along with—
(i) ten years teaching experience in a University; or
(ii) fifteen years teaching experience in a Government aided College or in a Government College; or
(iii) fifteen years combined teaching experience in a Government aided College or in a Government College or in a University taken together.
(3) Provisions of clauses (a), (b), (c), (d) and (e) of sub-section (1) of this section shall also apply in case of appointment of all other Members of the Commission except as provided under section 5 of this Act.
(4) The Chairperson or any other Members of the Commission may resign from their office by writing under their hands addressed to the State Government, but they shall continue in the office until their resignation is accepted by the State Government.
(5) If the office of the Chairperson falls vacant due to any other reasons, the functions of the Commission shall be conducted by some other person appointed by the State Government in this behalf, from amongst other Members of the Commission, except the Member Secretary, in consultation with the Chancellor, for a period, till the Chairperson resumes his office or some other person is appointed as Chairperson.
(6) The terms and conditions of service including the salary and other allowance of the Chairperson and other Members shall be such as may be prescribed by the State Government.
(b)
(0)
(d)
(e) (0 6 THE KOLKATA GAZEllE, EXTRAORDINARY, NOVEMBER 29, 2012 [PART III The West Bengal College Service Commission Act, 2012.
(Chapter 11.—Reformation of the Commission, its Chairperson, Members and their Qualification, Age, Removal etc.—Section 5.)
(7) The Chairperson or any other Member of the Commission shall be removed from his office by the State Governement if it satisfies, after due enquiry to be made for this purpose and in such manner as may be prescribed in this behalf, that the incumbent concern,—
(i) has become insane and adjudged by a competent court to be of unsound mind; or
(ii) has become an undischarged insolvent declared by a competent Court;
Or
(iii) has been physically unfit and incapable of discharging function due to protracted illness or physical disability; or
(iv) 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 as may be prescribed or has abused or misused the powers vested in him or if the continuance in the office of the Chairperson or other Members is detrimental to the interest of the Commission;
or
(v) has failed to attend three consecutive meetings of the Commission without assigning any valid and satisfactory reasons; or
(vi) has been proved to be guilty of criminal breach of trust or gross financial irregularity or impropriety or gross negligence of duty; or
(vii) has shown incompetence to perform or has persistently defaulted in the performance of the duties imposed on him by or under this Act;
Or
(viii) has been convicted by a court for any offence within the concept and meaning of the Code of Criminal Procedure, 1973; or
(ix) is a member of, or otherwise associated with, any political party or acts in any partisan manner while in office.
Explanation—For the purpose of this clause, whether any party is a political party or any association is a political association or any act of the Chairperson or any other Member is partisan, decision of the State Government thereon shall be final:
Provided that the Chairperson or any other Member shall be given a reasonable opportunity of being heard by the Chancellor before his removal under clauses (iv),
(v), (vi), (vii), (viii) and (ix).
2 of 1974.
Employees of the Commission