Bare ActsThe Gujarat Public Universities Act, 2023

Section 10

Amendment status not verified — confirm the current text below against the official source.

(1) There shall be a Vice-Chancellor who shall be the principal academic and executive officer of the university and ex-officio Chairperson of the Board of Management, Academic Council, Executive Council and Board of Examinations and Evaluation. Officers of University. Chancellor. Appointment of Vice-Chancellor. PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. 25-09-2023 16-19 (2) Save as otherwise provided, pay and allowances, terms and conditions of service of the Vice-Chancellor shall be such as may be determined by the State Government, from time to time. (3) The Vice-Chancellor shall be appointed by the State Government, as per University Grants Commission (UGC) norms, in the following manner, namely:- (a) There shall be a search committee consisting of the following members to recommend most suitable names to the State Government for appointment of Vice-Chancellor, namely: — (i) a member to be nominated by the State Government, who shall be most prestigious eminent senior person either from judiciary or academics or administration; (ii) the Director or Head of an institute or organisation of highly national repute established by an Act of Parliament, nominated by the Board of Management, Executive Council and the Academic Council, jointly, in the manner specified by the State Government by an order published in the Official Gazette; (iii) the representative of University Grants Commission (UGC); (iv) the Registrar of the University shall act as the Member- Secretary of the search committee without any voting right in the committee. (b) The member nominated by the State Government shall be the Chairman of the committee. (c) The members nominated on the committee shall be persons who are never connected with the concerned university or any college or any recognised institution of the university. (d) No meeting of the committee shall be held unless three members of the committee are present. (e) The committee shall recommend a panel of 3 (three) best competent persons for the consideration of the State Government for being appointed as a Vice-Chancellor. The names of the persons so recommended shall be in alphabetical order without any preference being indicated. The report shall be accompanied by a detailed write- up on suitability of each person included in the panel. (f) The eligibility conditions and the process for recommendation of names for appointment as a Vice-Chancellor shall be given wide publicity to ensure the recommendation of most competent candidates. (4) The State Government may appoint one of the persons included in the panel to be the Vice-Chancellor: Provided that, if the State Government does not approve any of the persons so recommended, it may call for a fresh panel either from the same committee or after constitution of a new committee for the purpose, from such new committee. 16-20 GUJARAT GOVERNMENT GAZETTE, EX. 25-09-2023 [ PART IV (5) The process of preparing the panel of the most competent persons for being appointed as a Vice-Chancellor, shall invariably begin at least six months before the probable date of occurrence of the vacancy of the post of a Vice-Chancellor and the process of appointment of the Vice-Chancellor shall be completed invariably at least one month before the probable date of occurrence of the vacancy of the post of Vice- Chancellor. It shall be the responsibility of the Registrar as member secretary of the committee. (6) The person appointed as a Vice-Chancellor shall, subject to the terms and conditions of contract of service, hold office for a period of five years from the date on which he takes charge of his office or till he attains the age of sixty-five years, whichever is earlier and he shall not be eligible for re-appointment in the same university. Provided that, on the basis of his work done and found most efficient and competent he/she shall be eligible for re-appointment to any other university for one term of five years only, unless he/she should not have attained the age of 65 years on the date of re-appointment. (7) The person appointed as a Vice-Chancellor shall hold a lien, if any, on the substantive post held by him prior to the appointment. (8) In any of the following circumstances, the exigency whereof shall solely be judged by the State Government, namely: — (a) where the committee appointed under clause (a) of sub-section (3) is unable to recommend any name within the time limit specified by the State Government; (b) where the vacancy occurs in the office of the Vice-Chancellor because of death, resignation or otherwise, and it cannot be conveniently and expeditiously filled in, in accordance with the provisions of sub-sections (3) and (4); (c) where the vacancy in the office of the Vice-Chancellor occurs temporarily because of leave, illness or other causes; or (d) where there is any other emergency; the State Government may appoint any suitable person, to act as the in-charge Vice-Chancellor for a term not exceeding twelve months, in the aggregate as may be specified in his order: Provided that, the person so appointed shall cease to hold such office on the date on which the person appointed as a Vice- Chancellor in accordance with the provisions of sub-sections (3) and (4) assumes office or the Vice-Chancellor resumes office. (9) The Vice-Chancellor shall be the whole-time salaried officer of the university and shall receive pay and allowances, and other facilities as may be determined by the State Government from time to time. In addition, he shall be entitled to free furnished residence, a motor car including its maintenance, repairs and fuel required thereof, with the service of a chauffeur, and all other sanities to act as a Vice-Chancellor of the University. PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. 25-09-2023 16-21 (10) Such sumptuary allowance shall be placed at the disposal of the Vice- Chancellor, as the State Government may approve. (11) If a person receiving an honorarium from the Consolidated Fund of the State, or if a principal of an affiliated/constituent college or a recognised institution or a university teacher is appointed as a Vice-Chancellor, his terms and conditions of service shall not be altered to his disadvantage during his tenure as a Vice-Chancellor. (12) Notwithstanding anything contained in the foregoing sub-sections, the person referred to in sub-section (7) shall stand retired from his original post in accordance with the terms and conditions of service of that post. (13) The Vice-Chancellor may, by writing under his signature addressed to the State Government, after giving one month’s notice to resign from his office and shall cease to hold his office on the acceptance of his resignation by the State Government or from the date of expiry of the said notice period, whichever is earlier. (14) The Vice-Chancellor may be removed from his office after due inquiry, if the State Government is satisfied that the incumbent, — (a) has become insane and stands so declared by a competent court; or (b) has been convicted by a court for any offence involving moral turpitude; or (c) has become an undischarged insolvent and stands so declared by a competent court; or (d) has been physically unfit and incapable of discharging functions due to protracted illness or physical disability; or (e) has willfully 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 or any other conditions, prescribed by the State Government under sub-section (2), or has abused the powers vested in him or if the continuance of the Vice-Chancellor in the office is detrimental to the interests of the university or have sufficient criminal evidence against him; or found guilty on the charges levelled against him after due inquiry during existing tenure as a Vice-Chancellor; (f) is a member of, or is otherwise associated with, any political party or any organisation which takes part in politics, or is taking part in, or subscribing in aid of, any political movement or activity or working against the Government or interest of education; Explanation.- For the purposes of this sub-clause, whether any party is a political party, or whether any organisation takes part in politics or whether any movement or activity falls within the scope of this sub-clause, the decision of the State Government there on shall be final: 16-22 GUJARAT GOVERNMENT GAZETTE, EX. 25-09-2023 [ PART IV Provided that, the Vice-Chancellor shall be given a reasonable opportunity to show cause and personal hearing by the State Government before taking recourse for his removal under sub-clauses (d), (e) and (f).

Section 10 – The Gujarat Public Universities Act, 2023 | DailyLaw.ai