The Bhakta Kavi Narsinh Mehta University Act, 2015
Chapter III OFFICERS OF UNIVERSITY
Chapter III OFFICERS OF UNIVERSITY
10. Officers of University
The following shall be the officers of the University, namely:-
- (i) the Vice-Chancellor;
- (ii) the Pro-Vice-Chancellor;
- (iii) the Deans of Faculties;
- (iv) the Registrar;
- (v) the Law Officer;
- (vi) the Finance and Accounts Officer;
- (vii) the Controller of Examinations;
- (viii) such other officers in the service of the University as may be declared by the Statutes to be the officers of the University.
Chapter III OFFICERS OF UNIVERSITY
11. Eligibility of age limit in various authorities and offices
No person shall be appointed, nominated or, as the case may be, co-opted,-
- (i) as an officer referred to in clauses (iii), (iv), (v), (vi), (vii), and
- (viii) of section 10;
- (ii) on the post of teacher: or
- (iii) as a member of any of the authorities of the University, any committee or any other board or body thereof, after he attains the age of 62 years: Provided that nothing in this section shall apply to the Chairperson or a member of any of the authorities of the University committee or any other board or body thereof, who is the Chairperson or member by virtue of his office as the Vice-Chancellor or the Pro-Vice-Chancellor:
Chapter III OFFICERS OF UNIVERSITY
12. Provided further that nothing in this section shall apply to the visiting teachers, Emeritus Professors, Consultants, Scholars, Mentors or Advisors.
Vice-Chancellor
- (1) The Vice-Chancellor shall be appointed by the State Government.
- (2) To be eligible for being appointed as the Vice-Chancellor, a person shall be,-
- (i) an eminent academician having Ph.D. Degree with a minimum of ten years of experience as a professor, or;
- (ii) a distinguished academician having Ph.D. Degree with a minimum of twelve years of academic/educational administrative experience in a University, reputed academic or administrative or research institute or organisation.
- (3) The Vice-Chancellor shall be appointed by the State Government from among three persons recommended by a Search Committee constituted for the purpose under sub-section (4).
- (4) For the purpose of sub-section (3), the State Government shall constitute a Search Committee which shall consist of the following members, namely:-
- (i) two members (not being persons connected with the University or with any affiliated college, recognised institution or institution) out of whom one shall be a person nominated in the manner prescribed by the Statutes by the Executive Council and the Academic Council jointly; and the other shall be a person nominated in the manner prescribed by the Statutes by the Vice-Chancellors of all the State Universities established by law in the State of Gujarat;
- (ii) one member, who is an eminent educationist and has contributed to the University education system, to be nominated by the State Government.
- (5) The State Government shall designate one of the three members of the Committee as its Chairperson.
- (6) The Committee so appointed shall, within maximum eight weeks and in such manner as may be prescribed by the Statutes, select three persons whom it considers fit for being appointed as the Vice-Chancellor and shall recommend to the State Government the names of the persons so selected together with such other particulars as may be prescribed by the Statutes.
- (7) The Vice-Chancellor shall hold office for a term of three years and shall be eligible for being re-appointed to that office for one more term only: Provided that no person appointed as the Vice-Chancellor shall continue to hold his office as such after he attains the age of seventy years.
- (8) The emoluments to be paid to the Vice-Chancellor, and the terms and conditions subject to which he shall hold office, shall be such as may be determined by the State Government: Provided that such emoluments and terms and conditions shall not, during the currency of the term of the holder of that office, be varied to his disadvantage without his consent. (9)
- (a) During the leave or absence of the Vice-Chancellor or,
- (b) in the event of a permanent vacancy in the office of the Vice-Chancellor, until an appointment is made under sub-section
- (1) to that office, the Pro-Vice-Chancellor or, in his absence, one of the Deans nominated by the State Government for that purpose shall carry on the current duties of the office of the Vice-Chancellor.
- (10) The Vice-Chancellor may, by writing under his signature addressed to the State Government, after giving one month's notice, resign from his office and such resignation shall take effect from the date of acceptance of resignation by the State Government.
- (11) The Vice-Chancellor may be removed from his office by the State Government, if it is satisfied that the incumbent,-
- (a) has become insane and stands so declared by a competent court;
- (b) has been convicted by a court for any offence involving moral turpitude;
- (c) has become an insolvent and stands so declared by a competent court;
- (d) has been physically unfit and incapable of discharging functions due to protracted illness or physical disability;
- (e) 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 determined by the State Government or has abused the powers vested in him or if the continuation of the Vice-Chancellor in the office is detrimental to the interest of the University:
Chapter III OFFICERS OF UNIVERSITY
13. Provided that the Vice-Chancellor shall not be removed from his office unless an opportunity of being heard is afforded to him.
Powers of Vice-Chancellor
- (1) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall preside at the meetings of the Board of Governors. He shall be an ex-officio Chairperson of the Executive Council, Academic Council, Finance Committee and Building and Estate Committee. He shall be entitled to be present with the right to speak, at any meeting of any other authority or body of the University, but shall not be entitled to vote thereat unless he is a member of that authority or body.
- (2) The Vice-Chancellor shall have power to convene meetings of the Executive Council, the Academic Council and the Finance Committee and such other authorities of the University of which he is the Chairperson. He may delegate this power to any other officer of the University.
- (3) It shall be the duty of the Vice-Chancellor to ensure that the provisions of the Act, the Statutes, Ordinances, Regulations and rules are faithfully observed and he shall have all the powers necessary for this purpose. (4)
- (a) The Vice-Chancellor shall nominate members on any of the authorities as required under this Act (b)
- (i) All powers relating to the maintenance of discipline and disciplinary action in relation to the students of the University and the University as a whole shall vest in the Vice-Chancellor.
- (ii) The Vice-Chancellor may delegate all or any of his power referred to in clause (i), as he deems proper, to the Pro-Vice-Chancellor and to such other officers as he may specify in this behalf. (5)
- (a) In any emergency which, in the opinion of the Vice-Chancellor, requires that immediate action should be taken, he shall take such action as he deems necessary and shall at the earliest opportunity thereafter furnish information regarding action taken by him with the reasons he has considered as emergent, to such officer, authority or body as would have in the ordinary course have dealt with the matter.
- (b) When action taken by the Vice-Chancellor under this sub-section affects any person in the service, such person shall be entitled to prefer an appeal to the Executive Council, within a period of thirty days from the date on which notice of such action is communicated to him.
- (a) The Vice-Chancellor shall nominate members on any of the authorities as required under this Act (b)
- (6) The Vice-Chancellor shall give effect to the orders of the Board and the Executive Council regarding appointment, dismissal, suspension and punishment of the persons in the service of the University or of the teachers of the University or regarding the recognition or withdrawal of the recognition of any such teacher and shall exercise general control over the affairs of the University. (7)
- (a) Subject to the provisions contained in sub-section
- (4) and notwithstanding anything contained in sub-section (5), where the Vice-Chancellor after making such inquiry as he deems fit and is of opinion that the implementation of any order or a resolution of an authority specified in or declared under section 20, or the doing of anything which is about to be done or is being done by or on behalf of the University,-
- (i) is inconsistent with the provisions of this Act or of any Statute, Ordinance, Regulation or rule, or
- (ii) is not in the interest of the University, or
- (iii) is likely to lead to breach of peace, or
- (iv) is inconsistent with the guidelines, directives of the University Grants Commission, the State Government or Professional Regulatory bodies, as the case may be, he may forward a copy of the order or resolution or, as the case may be, refer the doing of the thing, with a statement of reasons, to the authority which made the order or passed the resolution or proposes to do the thing for reconsideration by that authority as to why the said order or resolution may not be rescinded or revised or modified in the manner stated by him or the doing of the thing be refrained from.
- (b) Where the authority after reconsideration revises or modifies the order or resolution in the manner stated by the Vice-Chancellor, then notwithstanding anything contained in clause (a), such revised or modified order or resolution shall revive from the date of such revision or modification.
- (c) Where the authority revises or modifies the order or resolution in such manner as is inconsistent with the manner stated by the Vice-Chancellor, he shall refer the matter to the State Government for its decision.
- (d) The State Government may, on such reference being made, revise or modify the order or resolution or direct that the order or resolution shall continue to be in force with or without modification permanently or for such period as it may specify: Provided that the order or resolution shall not be revised or modified or continued by the State Government without giving the concerned authority a reasonable opportunity of showing the cause against such order or resolution.
- (e) The order, resolution or, as the case may be, the doing of thing, shall remain in abeyance from the date of the action of the Vice-Chancellor of forwarding the copy of order or resolution or of making reference under clause
- (a) till the date of the order of the State Government under clause (d).
- (f) In case where the authority modifies or revises its order or resolution under clause
- (b) or where the State Government revises or modifies the order or resolution under clause (d), any action, if taken prior to forwarding a copy of the order or resolution or making a reference with regard to doing of the thing by the Vice-Chancellor under clause (a), to the concerned Authority, shall be treated as ab-initio void.
- (8) The Vice-Chancellor shall exercise such other powers and perform such other functions as may be prescribed by the Statutes, Ordinances or Regulations.
Chapter III OFFICERS OF UNIVERSITY
14. Pro-Vice-Chancellor
- (1) The Pro-Vice-Chancellor shall be appointed by the State Government from the panel of three persons recommended by the Vice-Chancellor.
- (2) No person appointed as the Pro-Vice-Chancellor shall continue to hold his office as such after he attains the age of sixty-five years.
- (3) The term of the office of the Pro-Vice-Chancellor shall be three years.
- (4) The Pro-Vice-Chancellor shall be a whole-time salaried officer of the University and his emoluments and terms and conditions of service shall be such as may be determined by the State Government: Provided that the emoluments and terms and conditions of service of the holder of such office shall not during currency of the term of the holding of that office, be varied to his disadvantage without his consent.
- (5) The Pro-Vice-Chancellor shall be the principal inspecting officer of the University and shall exercise such powers and perform such duties, which are specially or generally conferred or imposed on him by the Vice-Chancellor and as prescribed by the relevant Statutes.
- (6) The Pro-Vice-Chancellor shall, in the absence of the Vice-Chancellor or in the event of being unable to perform the duties of his office, exercise all the rights and powers, and discharge all the functions and duties of the Vice-Chancellor.
- (7) The Pro-Vice-Chancellor shall preside,-
- (a) in absence of the Vice-Chancellor, at the meetings of the Board; and
- (b) in absence of the Vice-Chancellor at the meetings of any other authority of the University or a committee thereof.
- (8) The Pro-Vice-Chancellor may, by writing under his signature addressed to the State Government, after giving one month's notice, resign from his office and such resignation shall take effect from the date of the acceptance of resignation by the State Government.
Chapter III OFFICERS OF UNIVERSITY
15. Dean of Faculty
- (1) There shall be a Dean of each faculty who shall be elected from amongst the concerned faculty members of the University in the manner as may be prescribed by the relevant Statutes.
- (2) The Dean shall assist the Vice-Chancellor and the Pro-Vice-Chancellor in managing the academic and other allied affairs of the University as entrusted to him by the Vice-Chancellor.
- (3) The Dean shall hold office for a term of three years.
- (4) The Dean shall be the principal executive authority of the Faculty and shall exercise the following powers and perform the following functions, namely:-
- (i) he shall be the Chairperson of the Faculty concerned and shall preside at its meetings of the Faculty;
- (ii) he shall attend the meeting of any Board of Studies in the Faculty;
- (iii) he shall supervise and co-ordinate the work of the different Boards of Studies under the Faculty;
- (iv) he shall plan and organise seminars, refresher courses, and work-shops, pertaining to the subjects under the Faculty;
- (v) he shall inspect and guide the University Departments, affiliated colleges, recognised institutions and institutions in respect of subjects under the Faculty;
- (vi) he shall be responsible for the due observance of the Statutes, Ordinances and Regulations relating to the Faculty;
- (vii) he shall recommend to the Executive Council for approval of the proposals for the programmes of visiting teachers and for the exchange of teachers;
- (viii) he shall exercise such other powers and perform such other functions as may be prescribed under the relevant Statutes.
Chapter III OFFICERS OF UNIVERSITY
16. Registrar
The Registrar shall be a whole time salaried officer of the University and shall act as the Secretary of the Board, the Executive Council and the Academic Council. He shall be appointed by the University with the prior approval of the State Government and his emoluments and terms and conditions of service shall be determined by the Statutes. He shall be responsible for the due custody of records, the common seal and such other properties and assets of the University as the Executive Council shall commit to his charge.
Chapter III OFFICERS OF UNIVERSITY
17. He shall exercise such other powers and perform such other duties as may be prescribed by the Statutes or the Ordinances.
Law Officer
- (1) The Law Officer shall be appointed by the University. He shall be in-charge in respect of all the legal matters for and against the University.
- (2) The qualifications, experience, powers, functions and duties of the Law Officer shall be such as may be prescribed by the Statutes.
Chapter III OFFICERS OF UNIVERSITY
18. Finance and Accounts Officer
- (1) The Finance and Accounts Officer shall be appointed by the State Government on deputation. He shall exercise such powers and perform such duties as may be prescribed by the Statutes.
- (2) The qualifications, terms and conditions of service and the tenure of the Finance and Accounts Officer shall be such as may be determined by the State Government.
- (3) When the office of the Finance and Accounts Officer is vacant or when the Finance and Accounts Officer is, by reasons of illness, absence or any other cause, unable to perform the duties of his office, the same shall be performed by such other officer as the Vice-Chancellor may appoint for the purpose.
- (4) The Finance and Accounts Officer shall,-
- (i) exercise general supervision over the funds of the University and shall advise as regards its financial policy; and
- (ii) perform such other financial functions as may be prescribed by the Statutes; and also has assigned by the Vice-Chancellor.
Chapter III OFFICERS OF UNIVERSITY
19. Controller of Examinations
- (1) The Controller of Examinations shall be a whole time salaried officer of the University. He shall be appointed by the University with the prior approval of the State Government.
- (2) The qualifications, terms and conditions of service and the tenure of the Controller of Examination shall be such as may be prescribed by the Statutes.
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