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Section 11

The West Bengal State Council Of Higher Education Act, 2015State Act of West Bengal · Act 10 of 2015

(1) The Vice-Chairman (Academic) shall be a distinguished academician or administrator with proven competence and integrity having a minimum of ten years teaching experience in a University system of which at least five years shall be as Professor or equivalent or ten years of research experience in a reputed research or academic organization of which at least five years shall be in an equivalent position that of a Professor or equivalent.

(2) The Vice-Chairman (Academic) shall be appointed by the State Government out of the panel of three names in order of their preference as may be recommended by the Search Committee constituted by the State Government for this purpose:

Provided that the existing Vice-Chairman appointed under the erstwhile West Bengal State Council of Higher Education Act, 1994 shall continue to hold his office subject to the provisions of sub-section (6) or till he has been removed from, or vacated his office, as the case may be, whichever is earlier.

(3) The Search Committee, while preparing the panel must give proper weightage to academic excellence, exposure to the higher education system in the country and abroad and adequate experience in academic and administrative governance and reflect the same in writing while submitting the panel to the State Government.

(4) The Search Committee shall consist of the following Members:—

(i) the nominee of the Governor, who shall be the Chairperson of the Committee;

(ii) the nominee of the State Government; and

(iii) the nominee of the Council;

(5) The members of the search committee shall be the persons of eminence in the sphere of higher education.

(6) The Vice-Chairman (Academic) shall hold office for a term of four years or till he attains the age of sixty-five years, whichever is earlier.

(7) The Vice-Chairman (Academic) shall be a whole-time Officer of the Council and shall be paid from the fund of the Council such salary and allowances as the State Government may determine from time to time.

(8) The powers and functions of the Vice-Chairman (Academic) shall be such as may be provided for by the regulations.

West Ben.

XXXVII of

1994.

PART III] THE KOLKATA GAZE 1"1'E, EXTRAORDINARY, JUNE 29, 2015 11 The West Bengal State Council of Higher Education Act, 2015.

(Chapter III.—The members, their appointment and qualifications.—Section 11.)

(9) The Vice-Chairman (Academic) may resign his office by writing under his hand addressed to the State Government.

(10) If—

(a) the Vice-Chairman (Academic) is, by reasons of leave, illness or other cause, temporarily unable to exercise the powers and perform the duties of his office, or

(b) a vacancy occurs in the office of the Vice-Chairman (Academic) by reason of death, resignation, removal, expiry of the term of his office or otherwise, then, during the period of such temporary inability or pending the appointment of a Vice-Chairman (Academic), as the case may be, the Member Secretary shall exercise the powers and perform the duties of the Vice-Chairman (Academic).

(11) The vacancy in the office of the Vice-Chairman (Academic) occurring by reason of death, resignation or expiry of the term of his office, removal or otherwise shall be filled up by appointment of a Vice-Chairman (Academic) in accordance with the provisions of sub-section (2) within a period of six months from the date of occurrence of the vacancy, and such period shall be held to include any period for which a Member Secretary is allowed to continue in office to exercise the powers and perform the duties of the Vice-Chairman (Academic).

(12) The Vice-Chairman (Academic) may be removed from his office by the State Government if it is satisfied that the incumbent,—

(a) has become insane and adjudged by a competent Court to be of unsound mind; or

(b) has become an un-discharged insolvent and stands so declared by a competent Court; or

(c) has been physically unfit and incapable of discharging function due to protracted illness or physical disability ; or

(d) 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 contract or has abused or misused the powers vested in him or if the continuance in the office of the Vice-Chairman (Academic) is detrimental to the interest of the Council; or

(e) has been proved to be guilty of criminal breach of trust or criminal negligence or gross financial irregularity or impropriety or gross negligence of duty; or has shown incompetence to perform or has persistently made default in the performance of the duties imposed on him by or under this Act; or

(g) has been convicted by a Court of law for any offence within the concept and meaning of the Code of Criminal Procedure, 1974:

Provided that the Vice-Chairman (Academic) shall be given a reasonable opportunity to show cause by the State Government before taking recourse for his removal under clauses (d), (e), (f) and (g).

(f) 2 of 1974.

12 THE KOLKATA GAZETTE, EXTRAORDINARY, JUNE 29, 2015 [PART III The West Bengal State Council of Higher Education Act, 2015.

(Chapter IV.—The Officers and the employees of the Council.—Sections 12-16.—Chapter V.—Funds, accounts and Budget of the Council.—Section 17.)

CHAPTER IV The Officers and the employees of the Council The Member Secretary.

The Joint Secretary.

The Law Officer.

The Finance Officer.

Other employees.

Where this provision sits

ActThe West Bengal State Council Of Higher Education Act, 2015
Section11
JurisdictionState of West Bengal
StatusIn force as published by the source

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