section Section (un-numbered 5, pertaining to Terms)
Terms and conditions (Provisos to Sec 4)
The Sikkim State Higher Education Council Act, 2016Provided further that it shall be competent for the Government to make any appointment under this sub-section for a term of less than 4 (four) years if it considers necessary to do so: Provided also that the Vice-Chairman or any other member (other than ex-officio member) who incurs any disqusliflcation under the rules made in this behalf shall cease to hold the office of the Vice-Chairman or of the member of the State Council. (2) The Vice-Chairman or any other member (other than ex-officio member) may resign from his/her office by writing under his/her 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/ her office except by an order of the Government on the ground of willful omission or refusal to carry out the provisions of this Act or abuse of the powers vested on him/her and after such inquiry as may be, shall be given an opportunity of making his/her representation against such removal. (4) A member of the State Council by virtue of his acquiring financial or other interest shall cease to be a member of the State Council and be removed as a member in accordance with this Act. (5) If any casual vacancy occurs in the office of the Vice-Chairman or any other member (other than an ex-officio), whether by reason of his death, resignation or inability to discharge his function owing to illness or other capacity 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/she 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 Members, and the 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.
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