section 11
The Vice-Chancellor–
The Jharkhand State Open University Act, 202111. The Vice-Chancellor– (1) The Vice-Chancellor shall be the principal executive and academic officer of the University, the Chairman of the Executive Council and the Academic Council. He shall be entitled to be present and speak at any meeting of any authority or body of the University and shall, in the absence of the Chancellor, preside at any convocation of the University. Provided that the Vice-Chancellor shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes. (2) The Vice-Chancellor shall be a whole-time salaried officer of the University and shall receive pay and allowances as determined by the State Government under the Statutes. (3) The Vice-Chancellor shall hold office for a term of three years from the date on which he assumes charge of the office. On the expiry of the said term he may be re-appointed for another terms not exceeding three years. (4) Selection of the Vice Chancellor- Persons of the highest level of competence, integrity, morals and institutional commitment are to be appointed as Vice-Chancellors of the University. The Vice- Chancellor to be appointed should be a distinguished academician, with a minimum of ten years of experience as Professor in a University system or ten years of experience in an equivalent position in a reputed research and / or academic administrative organization. Further, it would be desirable that the person has adequate administrative experience either at the Government or at the University level. The selection of Vice-Chancellor shall be done by a properly constituted Search Committee, consisting of five persons from amongst the applications received after notification of the vacancy of the Vice chancellor through public notification published in prominent newspapers, and from amongst nominations received for the post from eminent persons. The Search Committee shall be constituted as prescribed herein below. The members of the Search Committee must be persons of eminence in the sphere of higher education or its governance and shall not be connected in any manner with the University concerned. While preparing the panel, the search committee must give proper weightage to academic excellence, exposure to the higher education system in the country and abroad, and adequate experience to the person in academic and administrative governance. The Search Committee shall give its recommendation alongwith a panel of 3-5 names to be submitted to the Chancellor in writing. The names recommended must not be accused in any criminal case and must be persons of high integrity, clean character moral aptitude. (5) Following shall be the constitution of the Search Committee- A member nominated by the Chancellor, who shall be an eminent Scholar / Academician of national repute or a recipient of Padma Awards in the field of education who shall be the Chairman of the Committee. झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 The Director or Head of an institute or organization of national repute, such as, Indian Institute of Technology, Indian Institute of Science, Indian Space Research Organization, National Law University or National Research Laboratory or Vice- Chancellor of a statutory University nominated by the Chancellor as Member. The senior most Serving Vice Chancellor of the State University of the State of Jharkhand to be nominated by the Chancellor as member. The Vice Chancellor of the Indira Gandhi National Open University and in case of his unavailability, Vice Chancellor of any State Open University other than the Jharkhand State Open University to be nominated by the Chancellor as member, and The Serving Principal Secretary of the Department of Higher Education as member to be nominated by State Government. (6) Four members, including the Chairman, shall constitute the quorum. (7) The business of the Committee shall be conducted in such manner as may be prescribed, from time to time, by the Chancellor on that behalf, (8) The Committee constituted under sub-section (5) shall within a reasonable time, not exceeding 3 months in any case, select suitable persons whom it considers fit for being appointed as Vice-Chancellor and shall recommend to the Chancellor the names of the persons so selected together with such other particulars, if any Provided that the Committee shall not select any such persons who if appointed as Vice-Chancellor would cease to hold that office on account of attaining the age of seventy years before completion of the term of three years. (9) The Search Committee shall submit a panel of 3-5 eminent persons for the appointment to the post of Vice Chancellor: Provided that if the Chancellor does not approve the recommendations of the Search Committee, he may constitute a fresh Selection Committee and call for fresh recommendations from the search committee. (10) The panel recommended by the Search Committee shall remain in force for one year to meet out the eventualities like the incumbent person appointed in consultation with the State Government, at the first instance not joining the post or vacation of post of Vice- Chancellor on account of death, resignation or removal of the Vice-Chancellor under the provisions of this Act within one year, the Chancellor shall appoint the next Vice- Chancellor from the said panel in consultation with the State Government. (11) Appointment of the Vice Chancellor- (i) Chancellor shall appoint the Vice-Chancellor, out of the panel of 3-5 eminent persons recommended by the Search Committee, in consultation with the State Government from amongst persons having qualifications as mentioned in sub- section (4) (i). (ii) The Vice-Chancellor shall hold office for a term of three years from the date he assumes office as such and he shall be eligible for re appointment to that office for a further term. Provided that no person shall be appointed as Vice-Chancellor for more than two terms. झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 Provided further that no person appointed as Vice-Chancellor shall continue to hold office as such after he attains the age of seventy years. (iii) The Chancellor may, from time to time, extend the term of office of the Vice- Chancellor for a total period not exceeding six months without following the procedure laid down in subsection 4(2). (12) Emolument of the Vice Chancellor-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 prescribed by the Statutes. (13) Arrangement of work during temporary absence of the Vice Chancellor- During the temporary absence of the Vice-Chancellor by reason of leave, illness or any other cause, it shall be lawful for the Pro-Vice-Chancellor to exercise the powers and perform the duties of the Vice-Chancellor, and the matter shall be immediately reported to the Chancellor by the Registrar and if, in the opinion of the Chancellor, the temporary absence of the Vice-Chancellor is for a long period, the Chancellor may make such other arrangement as he thinks fit for carrying on the office of the Vice-Chancellor. (14) Powers and duties of the Vice-Chancellor- The powers and duties of the Vice-Chancellor shall be as follows:- (i) The executive authority of the University shall vest in the Vice-Chancellor. (ii) The Vice-Chancellor shall be the principal executive and the academic officer of the University and shall exercise general superintendence and control over the affairs of the University and shall execute the decisions of various authorities of universities. (iii) Subject to availability of funds in the budget, the Vice-Chancellor shall have the power to sanction, after obtaining the opinion of the Finance Officer/Manager, expenditure up to such sum as may be prescribed during the course of a financial year and shall make a report of all such expenditure to the Executive Committee at the earliest. (iv) If in the opinion of the Vice-Chancellor it is necessary to take immediate action on any matter for which powers are conferred on any other officer or authority by or under this Act, he may take such action, as he deems necessary, and shall at the earliest opportunity thereafter report his action to such officer or authority as would have in the ordinary course dealt with the matter; Provided that if in the opinion of the concerned officer or authority such action should not have been taken by the Vice-Chancellor, then such case shall be referred to the Chancellor, whose decision thereon shall be final; Provided further that where any such action taken by the Vice- Chancellor affect any person in the service of the University, such person shall be entitled to prefer, within three months from the date on which such action is communicated to him, an appeal to the Chancellor and the decision of the Chancellor shall be communicated to the person concerned within three months from the date of appeal. झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 Provided further that if the matter involves any financial transaction, the Vice-Chancellor shall, before passing such order or taking such decision, obtain the opinion of the Finance Officer/Manager. (v) The Vice-Chancellor shall exercise such powers and perform such duties as may be prescribed by this Act, the Statutes, the Regulations or the Rules. (vi) If in the opinion of the Vice-Chancellor any decision of any officer or authority of the University is beyond the powers conferred by the provisions of this Act or Statutes, Ordinances, regulations or rules made thereunder or is not in the interest of the University, he shall request the concerned officer or authority to review its decision within fifteen days from such decision and in case the authority refuses to review such decision either in whole or in part or fails to take any decision within the said period, such matter shall be referred to the Chancellor whose decision thereon shall be final. Provided that the decision of the officer or authority concerned shall remain suspended during the period of review of such decision by the officer or the authority or the Chancellor, as the case may be, under this subsection. (vii) The Vice-Chancellor shall review the performance of teachers and officers of the University annually and submit a report thereon to the Chancellor in the manner prescribed. (viii) The Vice-Chancellor shall have power, — (a) to require the teachers of the University or Regional Centres of the University to report to him about the conduct of University examination, and (b) to give such directions to the officers in charge of such examinations as he deems necessary. (ix) The Vice-Chancellor shall ensure that the provisions of the Act, the Statutes, Ordinances, regulations and rules are observed. (x) The Vice-Chancellor shall, subject to the provisions of this Act, the Statutes and the Ordinance, made thereunder, have power to make appointment to posts within the sanctioned grades and scales of pay and within the sanctioned strength of the ministerial staff and other servants of the University, not being teachers and officers of the University and have control and full disciplinary powers over such staff and servants. The appointment process for these posts shall be completely transparent. The advertisement for the appointment of these posts shall be advertised in leading newspapers. The current reservation policy of the State Government shall strictly be followed as per roster in the appointment of these posts. All these appointments shall be prominently displayed on the home page of the website of the University. (xi) The Vice-Chancellor shall have power to convene meetings of the Executive Council, its Committees and Sub-Committees, Academic Council and any other authorities of the University. He shall be ex-officio Chairman of those meetings झारखडगजट(असाधारण) मंगलवार, 23 नव.बर, 2021 provided that he may on account of his unavailability delegate the power under this sub-section to any other officer of the University. (xii) The Vice-Chancellor shall have the right to visit and inspect the study centres and buildings, laboratories, workshops and equipments thereof and any other institution associated with the University. (xiii) Save as otherwise provided in the Ordinance or the Statutes, the Vice-Chancellor shall appoint officers other than the Pro- Vice-Chancellor, with the approval of the Chancellor, and teachers and shall define their duties. (xiv) (a) Subject to the provisions of this Act it shall be the duty of the Vice- Chancellor to see whether the proceedings of the University are carried out in accordance with the provisions of this Act, the Statutes, the Ordinances, the Regulations and the Rules or not, and the Vice- Chancellor shall report to the Chancellor every such proceeding which is not in conformity with such provisions. (b) Till such time as the orders of the Chancellor are not received on the report of the Vice-Chancellor that the proceeding of the University is not in accordance with this Act, the Statutes, the Ordinances, the Regulations and the Rules, the Vice-Chancellor shall have the powers to stay the proceeding reported against. (xv) The Vice-Chancellor shall have power to take disciplinary action against all employees of the University including officers (other than the Pro-Vice- Chancellor and Registrar) and teachers of the University. (xvi) An appeal shall lie to the Chancellor against the order of the Vice-Chancellor imposing the penalty of dismissal, removal from service or reduction in rank.
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