Authorities by whom order for removal or dismissal or adhyapaka, etc., may be made and the procedure therefor

Section 38B of the Visva-Bharati Act, 1951 deals with authorities by whom order for removal or dismissal or adhyapaka, etc., may be made and the procedure therefor. [38B. Authorities by whom order for removal or dismissal of adhyapaka, etc., may be made and the procedure therefor.--(1) No adhyapaka, or other member of the academic staff, appointed by the University shall be dismissed or removed from service or punished in any other manner by any authority other The Act came into force on 14 May 1951.

¹[38B. Authorities by whom order for removal or dismissal of adhyapaka, etc., may be made and the procedure therefor.--(1) No adhyapaka, or other member of the academic staff, appointed by the University shall be dismissed or removed from service or punished in any other manner by any authority other than the Karma-Samiti (Executive Council).

(2) No adhyapaka, or other member of the academic staff, appointed by the University shall be dismissed or removed from service or punished in any other manner except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges:

Provided that where it is proposed after such inquiry, to impose upon the adhyapaka or other member of the academic staff any punishment, such punishment may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such adhyapaka or other member of the academic staff any opportunity of making representation on the punishment proposed.

(3) The Karma-Samiti (Executive Council) shall be entitled to dismiss or remove from service, without holding any such inquiry as is referred to in sub-section (2), an adhyapaka, or other member of the academic staff, of the University, where the Karma-Samiti (Executive Council), for reasons to be recorded in writing, is satisfied that such adhyapaka or other member of the academic staff--

(a) is of unsound mind or is a deaf-mute or suffers from contagious leprosy; or

(b) is an undischarged insolvent; or

(c) has been convicted, by a court of law, of an offence involving moral turpitude.

(4) The dismissal or removal from service of, or any other punishment imposed on, an adhyapaka, or other member of the academic staff, appointed by the University shall take effect from the date on which the order of dismissal or removal from service is made or other punishment is imposed:

Provided that, where the adhyapaka or other member of the academic staff is under suspension at the time when the order for his dismissal or removal from service is made or other punishment is imposed, such order may, if the Karma-Samiti (Executive Council) so directs, take effect from the date on which he was placed under suspension.

(5) Notwithstanding the terms of contract between the University and an adhyapaka, or other member of the academic staff, appointed by the University, such adhyapaka or other member of the academic staff may resign his office--

(a) where he is permanent, by giving three months' notice in writing to the Karma-Samiti (Executive Council) or by paying to the University three months' salary in lieu of such notice; or

(b) where he is not permanent, one month's notice in writing to the Karma-Samiti (Executive Council) or by paying to the University one month's salary in lieu of such notice:

Provided that if the Karma-Samiti (Executive Council) so permits, the period of three months' notice or of one month's notice, as the case may be, may be reduced or waived:

Provided further that such resignation shall take effect from the date on which it is accepted by the Karma-Samiti (Executive Council).

Explanation.--"Suspension" shall not be deemed to be a punishment within the meaning of this section.]

Section 38B, The Visva-Bharati Act, 1951 (Act 29 of 1951).