Maharashtra University of Health Sciences Act, 1998.

Appointment of Vice-Chancellor.

§14

Summary

1[(1) The Vice-Chancellor shall be appointed by the Chancellor in the manner stated hereunder :- (a) There shall be a committee consisting of the following members to recommend suitable names to the Chancellor for appointment of Vice-Chancellor, namely :- (i) a member nominated by the Chancellor, who shall be the retired Judge of the Supreme Court or retired Chief Justice of a High Court or an eminent scientist of national repute or a recipient of Padma Award in the field of Health Science Education ; (ii) the Secretary or Principal Secretary of Medical Education and Drugs Department or any officer not below the rank of Secretary to Government, nominated by the State Government ; (iii) the Director or Head of an Institute or Organization of National repute and dealing with Health Science and related research, such as, the All India institute of Medical Sciences, New Delhi, National Institutes under Indian Council of Medical Research or any other National Health Science Institute or Research Laboratory, nominated by the Management Council and the Academic Council, jointly, in the manner specified by the State Government by an order published in the Official Gazette ; (b) The member, nominated by the Chancellor shall be the Chairman of the Committee ; (c) The members nominated shall be the persons who are not connected with the University or any College or any recognised institution of the University ; (d) No meeting of the Committee shall be held unless all the three members of the Committee are present.] (2) The process of preparing a panel shall begin at least three months before the probable date of occurrence of the vacancy of the Vice-Chancellor and shall be completed within the time-limit fixed by the Chancellor. The Chancellor, however, may extend such time-limit if in the exigency of the circumstances it is necessary so to do, however, that the period so extended shall not exceed three months in the aggregate. 2[(3) The Committee shall recommend a panel of not less than five suitable persons for the consideration of the Chancellor for being appointed as the Vice-Chancellor. The names 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. (3A) A person recommended by the Committee for appointment as a Vice-Chancellor shall,- (a) be an eminent academician or an administrator of high calibre ; (b) be able to provide leadership by his own example ; (c) be able to provide vision and have ability to translate the same into reality in the interest of students and society ; and (d) possess such educational qualifications and experience as may be specified by the State Government, by an order published in the Official Gazette, in consultation with the Chancellor. (3B) The eligibility conditions and the process for recommendation of names for appointment as Vice-Chancellor shall be given wide publicity to ensure the recommendation of most suitable candidates.] (4) The Chancellor may appoint one of the persons included in the panel to be the Vice-Chancellor : Provided however that,- (a) if the Chancellor does not approve any of the persons so recommended, he 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 ; (b) the first Vice-Chancellor shall be appointed by the Chancellor on recommendation of the Government, the person so recommended shall fulfill the criteria laid down in sub-section (3). (5) The person appointed as the Vice-Chancellor shall, subject to the terms and conditions of his contract of service hold office for the contract period of five years from the date on which he enters upon his office or till attaining the age of sixty-five years, whichever is earlier and shall not be eligible for reappointment. (6) The person appointed as the Vice-Chancellor shall hold a lien, if any, on the post in which he is confirmed prior to the appointment. (7) In any of the following circumstances, the existence whereof shall solely be judged by the Chancellor, namely :- (a) where the committee appointed under sub-section (1) is unable to recommend any name within the time-limit specified by the Chancellor ; (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 accordance with the provisions of sub-sections (1) to (4) ; (c) where the vacancy in the office of the Vice-Chancellor occurs temporarily because of leave, illness or other causes ; (d) where the term of Vice-Chancellor has expired ; or (e) where there is any other emergency ; the Chancellor may appoint any suitable person, to act as the Vice-Chancellor for 3[a term not exceeding twelve months], in the aggregate as the Chancellor may specify in his order : Provided that, the person so appointed shall cease to hold such office on the date on which the person appointed as the Vice-Chancellor, in accordance with the provisions of sub-sections (1) to (4), assumes office or the Vice-Chancellor resumes office. (8) The Vice-Chancellor shall be a whole-time salaried officer of the University and shall receive such pay and allowances as determined by the Government. In addition, the Vice-Chancellor shall be entitled to free furnished residence, a motor car (including its maintenance, repairs and fuel required therefor), with the service of a chauffeur free of charge. (9) Such sumptuary allowance shall be placed at the disposal of the Vice-Chancellor as the Government may approve, from time to time. (10) If a person receiving an honorarium from the Consolidated Fund of the State, or if the principal of an affiliated college or a recognised institution or a University teacher is appointed as the Vice-Chancellor, the terms and conditions of service shall not be altered to the disadvantage during such persons tenure as the Vice-Chancellor : Provided that, the resultant vacancy in such post shall not be filled in by a long term appointment during the tenure of such persons as the Vice-Chancellor : (11) Notwithstanding anything contained in the foregoing sub-sections, the person referred to in sub-section (6) shall stand retired from that persons original post in accordance with the terms and conditions of services of that post. (12) The Vice-Chancellor may, by writing under own signature addressed to the Chancellor, after giving one months notice, resign from that office and shall cease to hold that office, on the acceptance of the resignation by the Chancellor or from the date of expiry of the said notice period whichever is earlier. (@I@13@/I@) The Vice-Chancellor may be removed from the office if the Chancellor 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 undischarged 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) is a member of, or be 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. Explanation.- For 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 Chancellor thereon shall be final : Provided that, the Vice-Chancellor shall be given a reasonable opportunity to show cause by the Chancellor before taking recourse for his removal under clauses (d) and (e).

1[(1) The Vice-Chancellor shall be appointed by the Chancellor in the manner stated hereunder :- (a) There shall be a committee consisting of the following members to recommend suitable names to the Chancellor for appointment of Vice-Chancellor, namely :- (i) a member nominated by the Chancellor, who shall be the retired Judge of the Supreme Court or retired Chief Justice of a High Court or an eminent scientist of national repute or a recipient of Padma Award in the field of Health Science Education ; (ii) the Secretary or Principal Secretary of Medical Education and Drugs Department or any officer not below the rank of Secretary to Government, nominated by the State Government ; (iii) the Director or Head of an Institute or Organization of National repute and dealing with Health Science and related research, such as, the All India institute of Medical Sciences, New Delhi, National Institutes under Indian Council of Medical Research or any other National Health Science Institute or Research Laboratory, nominated by the Management Council and the Academic Council, jointly, in the manner specified by the State Government by an order published in the Official Gazette ; (b) The member, nominated by the Chancellor shall be the Chairman of the Committee ; (c) The members nominated shall be the persons who are not connected with the University or any College or any recognised institution of the University ; (d) No meeting of the Committee shall be held unless all the three members of the Committee are present.] (2) The process of preparing a panel shall begin at least three months before the probable date of occurrence of the vacancy of the Vice-Chancellor and shall be completed within the time-limit fixed by the Chancellor. The Chancellor, however, may extend such time-limit if in the exigency of the circumstances it is necessary so to do, however, that the period so extended shall not exceed three months in the aggregate. 2[(3) The Committee shall recommend a panel of not less than five suitable persons for the consideration of the Chancellor for being appointed as the Vice-Chancellor. The names 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. (3A) A person recommended by the Committee for appointment as a Vice-Chancellor shall,- (a) be an eminent academician or an administrator of high calibre ; (b) be able to provide leadership by his own example ; (c) be able to provide vision and have ability to translate the same into reality in the interest of students and society ; and (d) possess such educational qualifications and experience as may be specified by the State Government, by an order published in the Official Gazette, in consultation with the Chancellor. (3B) The eligibility conditions and the process for recommendation of names for appointment as Vice-Chancellor shall be given wide publicity to ensure the recommendation of most suitable candidates.] (4) The Chancellor may appoint one of the persons included in the panel to be the Vice-Chancellor : Provided however that,- (a) if the Chancellor does not approve any of the persons so recommended, he 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 ; (b) the first Vice-Chancellor shall be appointed by the Chancellor on recommendation of the Government, the person so recommended shall fulfill the criteria laid down in sub-section (3). (5) The person appointed as the Vice-Chancellor shall, subject to the terms and conditions of his contract of service hold office for the contract period of five years from the date on which he enters upon his office or till attaining the age of sixty-five years, whichever is earlier and shall not be eligible for reappointment. (6) The person appointed as the Vice-Chancellor shall hold a lien, if any, on the post in which he is confirmed prior to the appointment. (7) In any of the following circumstances, the existence whereof shall solely be judged by the Chancellor, namely :- (a) where the committee appointed under sub-section (1) is unable to recommend any name within the time-limit specified by the Chancellor ; (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 accordance with the provisions of sub-sections (1) to (4) ; (c) where the vacancy in the office of the Vice-Chancellor occurs temporarily because of leave, illness or other causes ; (d) where the term of Vice-Chancellor has expired ; or (e) where there is any other emergency ; the Chancellor may appoint any suitable person, to act as the Vice-Chancellor for 3[a term not exceeding twelve months], in the aggregate as the Chancellor may specify in his order : Provided that, the person so appointed shall cease to hold such office on the date on which the person appointed as the Vice-Chancellor, in accordance with the provisions of sub-sections (1) to (4), assumes office or the Vice-Chancellor resumes office. (8) The Vice-Chancellor shall be a whole-time salaried officer of the University and shall receive such pay and allowances as determined by the Government. In addition, the Vice-Chancellor shall be entitled to free furnished residence, a motor car (including its maintenance, repairs and fuel required therefor), with the service of a chauffeur free of charge. (9) Such sumptuary allowance shall be placed at the disposal of the Vice-Chancellor as the Government may approve, from time to time. (10) If a person receiving an honorarium from the Consolidated Fund of the State, or if the principal of an affiliated college or a recognised institution or a University teacher is appointed as the Vice-Chancellor, the terms and conditions of service shall not be altered to the disadvantage during such persons tenure as the Vice-Chancellor : Provided that, the resultant vacancy in such post shall not be filled in by a long term appointment during the tenure of such persons as the Vice-Chancellor : (11) Notwithstanding anything contained in the foregoing sub-sections, the person referred to in sub-section (6) shall stand retired from that persons original post in accordance with the terms and conditions of services of that post. (12) The Vice-Chancellor may, by writing under own signature addressed to the Chancellor, after giving one months notice, resign from that office and shall cease to hold that office, on the acceptance of the resignation by the Chancellor or from the date of expiry of the said notice period whichever is earlier. (@I@13@/I@) The Vice-Chancellor may be removed from the office if the Chancellor 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 undischarged 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) is a member of, or be 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. Explanation.- For 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 Chancellor thereon shall be final : Provided that, the Vice-Chancellor shall be given a reasonable opportunity to show cause by the Chancellor before taking recourse for his removal under clauses (d) and (e).

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