(1) The Vice-Chairman and other members (other than an ex officio member) shall be appointed by the Government ordinarily for a term of four years and shall be eligible for re-appointment for a second term:
Provided that a person who has not attained the age of sixty-five years shall be eligible to be appointed as Vice-Chairman:
Provided further that it shall be competent for the Government to make any appointment under this sub-section for a term of less than four years if it considers necessary so to do:
Provided also that the Vice-Chairman or any other member (other than an ex officio member) who incurs any disqualification under the rules made in this behalf shall cease to hold the office of Vice-Chairman or member.
(2) The Vice-Chairman or any other 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 Vice-Chairman or any other member (other than an ex officio member) shall not be removed from his office except by an order of the Government on the ground of wilful omission or refusal to carry out the provisions of this Act or abuse of the powers vested on him and after such inquiry as may be ordered by the Government when such Vice- Chairman or member, as the case may be, shall be given an opportunity of making his representation against such removal.
370 The West Bengal State Council of Higher Education Act, 1994.
XXXVII of 1994.]
(Sections 6-8.)
(4) When a person is qualified to be a member of the State Council by virtue of his representing a particular institution or interest, he shall cease to be a member of the State Council when he ceases to represent such institution or interest.
(5) If any casual vacancy occurs in the office of the Vice-Chairman or any other member (other than an ex officio member), whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity or for any other reason, such vacancy shall be filled by the Government as soon as may be in the manner provided in sub-section (1). Such Vice-Chairman or nominated or appointed member shall hold office only for the remainder of the term for which the person whose place he fills would have remained as the Vice-Chairman or nominated or appointed member, as the case may be.
(6) The office of the Vice-Chairman and the Member-Secretary shall be whole-time and salaried, and the other terms and conditions of service of the Vice-Chairman and other members shall, subject to the provisions of this sub-section, be such as may be prescribed.
(7) The Chairman, the Vice-Chairman and the Member-Secretary shall exercise such powers and perform such functions as may be prescribed.
6. The State Council shall meet at such times and places, and shall observe such rules of procedure in regard to the transanction of business at its meetings, as may be provided by regulations made under this Act.
7. No act or proceedings of the State Council shall be deemed to be invalid by reason of any vacancy in, or any defect in the Constitution of, the State Council.
8. The State Council may associate with it in such manner and for such purpose as may be prescribed any person whose assistance or advice is required for carrying out its work. A person associated with the State Council for such purpose shall have the right to take part in the discussions relevant to such purpose but shall not have the right to vote at a meeting of the State Council and shall not be a member for any other purpose. The State Council may associate with it members of Medical, Engineering and Agricultural Universities and such other expert bodies as the Government may, by order, specify with a view to developing co-ordination among the Universities.
Meetings of the State Council.
Vacancies amongst members or defect in Constitution not to invalidate acts or proceedings of the State Council.
Temporary association of persons with the State Council for particular purpose.
371 The West Bengal State Council of Higher Education Act, 1994.
[West Ben. Act (Sections 9-11.)
Staff of the State Council.
Authentication of orders and other instruments of the State Council.
Powers and functions of the State Council.