Choice of acting Chairman out of sync with the UGC ACt

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Choice of acting Chairman out of sync with the UGC ACt



‘Vice-chairman to be acting chief in case of vacancy’, says UGC Act Section 6 (3) of the UGC Act clearly stipulates that in the event of a casual vacancy, be it due to death, resignation, illness, or incapacity, it is the Vice-Chairman who shall automatically assume the role of Acting Chairman, sources said.The provision leaves no ambiguity: “If a casual vacancy occurs in the office of the Chairman, whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, the Vice-Chairman holding office as such for the time being shall, withstanding anything contained in sub-section (2) of section 5, act as the Chairman and shall, unless any other person is appointed earlier as the Chairman, hold the office of the Chairman for the remainder of the term of office of the person in whose place he is to so act.”The UGC Act also outlines an exceptional clause, meant to be invoked only when there is no Vice-Chairman available. It permits the Central government to appoint any other member of the Commission as Acting Chairman, but even then, only for a temporary period not exceeding six months.“Provided that where no Vice-Chairman is holding office at the time, when the vacancy in the office of the Chairman occurs, the Central Government shall, notwithstanding anything contained in sub-section (2) of section 5, appoint any other member to act as the Chairman and the person so appointed shall not hold the office of the Chairman, for a period exceeding six months,” the UGC Act says.



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