|
Note: w.e.f. 15
Jan.2009,
A Central
University Ordinance has been applied
which is going to
be available soon
Madhya
Pradesh Vishwavidyalaya Adhiniyam, 1973 |
| - |
|
No. 22 of 1973. [Received the assent of the Governor on the 20th April, 1973; Assent first
published in the "Madhya Pradesh Gazette" (Extraordinary) dated the 23rd April,
1973].
An Act to consolidate and amend the law
relating to Universities and to make better provision for the organisation and
administration of Universities in Madhya Pradesh.
Be it enacted by the Madhya Pradesh
Legislature in the Twentyfourth year of the Republic of India as follows :
CHAPTER 1 - PRELIMINARY
1. (1) This Act may be called the Madhya
Pradesh
Vishwavidyalaya Adhiniyam, 1973.
(2) It extends to the whole of Madhya
Pradesh.
(3) It shall come into force on such date
as the State
Government may, by notification, appoint.
2. As from the date appointed under
sub-section (3) of section 1, (hereinafter in this section and section 3 referred to as
the appointed date the following consequences shall ensue, namely:
(i) the enactments mentioned in the First
Schedule shall
stand repealed (hereinafter in this section and section 3
referred to as the repealed enactment.);
(ii) the University established under the
repealed
enactments shall be deemed to be the Universities
established under this Act and shall be known by the
names of the respective Universities with head-
quarters at places and territorial jurisdiction over the
areas as specified in the Second Schedule;
(iii) all the assets and liabilities of the
respective
Universities referred to in clause (ii) shall vest in the
respective Universities deemed to be established in their
place under this Act.
(iv) all suits or other legal proceedings
instituted by or
against the respective Universities under the repealed
enactments may be continued by or against the
respective Universities deemed to be established in their
place under this Act. |
|
|
|
Short title, extent and commencement. |
|
|
|
|
Repeal
and Saving |
|
|
|
 |
 |
 |
 |
 |
|
|
|
|
|
|
(v) all appointments made, notifications and orders issued,
degrees, diplomas or certificates conferred or issued,
privileges granted or other things done under the
repealed enactments and in force immediately before
the date aforesaid shall be deemed to have been
respectively made, issued, conferred, granted or done
under this Act. (vi) all Statutes,
Ordinances and Regulations made by
various authorities of the respective Universities under
the repealed enactments and in force immediately
before the date aforesaid shall, in so far as they are not
inconsistent with the provisions of this Act be deemed
to be Statutes, Ordinances and Regulations made by
the appropriate authorities of the respective Universities
under the relevant provisions of this Act;
Provided that the Statutes and Ordinances
deemed
to be so shall cease to be in force on expiry of a period
of one year from the appointed date or on the date of
coming into force of the first Statutes, Ordinances, as
the case may be, drawn up under section 34 whichever
is earlier;
(vii) all employees belonging to or under
the control of the
respective Universities referred to in clause (ii)
immediately before the appointed date shall be deemed
to be employees of the respective Universities deemed
to be established in their place under this Act, on the
same terms and conditions as applicable to them before
the date aforesaid until altered in accordance with the
provisions of this Act and the Statutes and Ordinances
made there under;
(viii) all records and papers belonging to
the Universities
referred to in clause (ii) shall vest in the respective
Universities deemed to be established in their place
under this Act.
3. Notwithstanding anything contained in
this Act
(i) The Kulpati in office immediately
before the appointed
date shall continue in office for the term prescribed
under the respective repealed enactments;
Provided that such Kulpati as has attained
the
age of sixty-four years on or before the appointed date |
|
|
Transitory Provisions |
|
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
shall continue in office for such period as the
Kuladhipati may, by order, specify but such period shall
not exceed the remainder of his term under the relevant
repealed enactment. (ii)
Authorities, committees or bodies of the respective
Universities constituted under the repealed enactment
shall continue to function till such time as they are
reconstituted in accordance with the provision of this
Act, but such period shall not exceed one year from the
date aforesaid;
(iii) Life members, of any such
authorities, shall cease to be
so on the expiration of the period specified in clause
(ii) above, unless continued to be so in accordance with
the provisions of this Act.
4. In this Act, unless the context
otherwise requires :
(i) 'Board of Studies' means the Board of
Studies of the
University;
(ii) 'Scheduled Tribes' means the Scheduled
Tribes
specified in relation to this State under Article 342 of
the Constitution of India;
(iii) 'Scheduled Castes' means the
Scheduled castes
specified in relation to this State under Article 341 of
the Constitution of India;
1[(iii-a) Omitted.
(iv) 'Employee' means any person appointed
by the
University and includes teachers and other staff of the
University;
(v) 'Executive Council' means the Executive
Council of the
University;
(vi) 'Kulpati' means the Kulpati of the
University;
(vii) 'Kuladhipati' means the Kuladhipati
of the University;
(viii) 'Hall' means a unit of residence or
of corporate life for
the students of the University, College or Institution
provided, maintained or recognised by the University; |
|
|
|
Definitions |
|
|
|
|
|
|
|
1 Cl. (iii-a) omitted by M.P. 19 of 1994 |
|
|
 |
 |
 |
 |
|
|
|
|
|
|
(ix) 'Statutes', 'Ordinances' and 'Regulations' means the
Statutes, Ordinances and Regulations of the University
as the case may be, in force for the time being; (x) 'Principal' means the Head of a college and includes,
when there is no Principal, the person for the time being
duly appointed to act as Principal;
(xi) 'School of Studies' means an
institution maintained by
the University as place for higher learning and research;
(xii) 'College' means an institution
maintained by, or admitted
to the privileges of, the University by or under the
provisions of this Act;
(xiii) 'Head of College Department' means
the head of any
department of a college;
(xiv) 'Registered graduate' means a
graduate registered or
deemed to be registered under the provisions of this
Act;
(xv) 'Academic Council' means the Academic
Council of the
University;
(xvi) 'Department' means a Department of
Studies and
includes a Centre of Studies;
1[(xvii) 'University' means :
(i) the University deemed to be established
under
this Act and specified in part I of the Second
Schedule; and
(ii) the University which may be
established after the
commencement of this Act and specified in part
II of the Second Schedule.
(xviii) 'University Grants Commission'
means the Commission
established under the University Grants Commission
Act, 1956 (No. 3 of 1956);
(xix) 'Head of a University Department'
means the head of
the Teaching Department maintained by the University
for imparting instructions to the students of the
University and includes the Director or Principal of any
institute or college maintained by the University for the |
|
|
|
|
|
|
1. Subs. by M.P. Act 23 of 1983. |
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
promotion of research or for imparting instructions to
the students of the University; (xx)
'Teachers of the University' means Professors,
Readers, 1[x x x ]Lecturers and such other persons as
may be appointed for imparting instructions or
conducting research, with the approval of the Academic
Council in the University or any College or Institution
maintained or recognised by the University;
(xxi) 'Person connected with a University
or a College' means
an employee of the University or a College, or a member
of any authority or body of the University or of the
management of the College;
(xxii) 'Autonomous College' means an
educational institution
declared as autonomous college by the Executive
Council in accordance with the provisions of this Act;
(xxiii) 'Faculty'means Faculty of the
University;
(xxiv) 'Affiliated College' means an
institution admitted to the
privileges of the University in accordance with the
provisions of this Act and the Statutes;
(xxv) 'Court' means the Court of the
University;
(xxvi) 'Co-ordination Committee' means the
Co-ordination
Committee constituted under section 34.
CHAPTER II - THE UNIVERSITY
5. (1) The Kuladhipati and Kulpati of each
University
[specified in Part I of the Second Schedule] and the members of the Court, of the
Executive Council and of the Academic Council thereof shall constitute a University and
the University so constituted shall be body corporate by the name of the respective
University 2[specified in Part I of the Second Schedule].
3[(i-a) The Kuladhipati, the
first Kulpati, and the first
members of the court, of the Executive Council and of
the Academic Council of each University established
after the commencement of this Act and specified in
Part II of the Second Schedule and all persons who may |
|
|
|
Incorporation of University |
|
|
|
|
|
|
|
1. Words "Asstt. Professors" omitted by M.P. 10 of 1978. 2. Subs. by M.P. 23 of 1983
3. Ins. by M.P. 23 of 1983. |
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
hereafter become such officers or members thereof are,
so long as they continue to hold such office or
membership will hereby be deemed to have constituted
a body corporate by the name of the respective
University specified in Part II of the Second Schedule." (2) The University shall have perpetual succession and a common
seal and shall sue and be sued by the said name.
(3) Subject to the provisions of this Act,
the university shall be competent to acquire and hold property, both movable and
immovable, to lease, sell or otherwise transfer any movable or immovable property which
may have become vested in, or may have been acquired by it for the purpose of the
University and to contract and do all other things necessary for the purposes of this Act.
(4) The headquarters of the University
shall be located at the place specified in the Second Schedule.
6. Subject to the provisions to this Act,
the University shall have the following powers, namely :
(1) to provide for instruction in such
branches of learning
as the University may, from time to time determine and
to make provision for research and or the advancement
and dissemination of knowledge;
(2) to provide instruction including
correspondence and such
other courses to such persons as are not members of
the University, as it may determine;
1[Provided that the University
shall not provide
instruction through correspondence save with the
previous sanction of the 2[State Government];
(3) to organise University laboratories,
libraries, museums
and other equipment for teaching and research;
(4) to establish, maintain and manage
colleges, teaching
departments, schools of studies, centres of studies and
halls;
"(5) (a) to institute Professorships,
Readerships,
3[x x x] Lecturerships and any other academic or |
|
|
Powers of University |
|
|
|
|
|
|
|
1. Inst. by M.P. 17 of 1974. 2. Subs. by M.P. 19 of 1994.
3. The words Assistant Professorships"
omitted by M.P. 10 of 1978. |
|
|
 |
 |
 |
 |
|
|
|
|
|
|
teaching posts required by the University and to
appoint persons to such posts in accordance with
provisions of this Act; (b) to
appoint persons working in any other
University or organisation as teachers of the
University for a specified period;
(6) to recognise teachers as qualified to
give instructions
in colleges;
(7) to recognise persons eminent in any
subject to guide
research in that subject;
(8) to lay down the courses of instructions
for various
examinations;
(9) to institute degrees, diplomas,
certificates and other
academic distinctions;
(10) to grant subject to such conditions as
the University
may determine, diplomas or certificates and confer
degrees and other academic distinctions on the basis of
examinations, evaluation or any other method of
testing;
Provided that no person shall be admitted
to an
examination leading to any degree of the University,
unless such person, if he has offered a subject for such
examination for which a course of practical work is
prescribed, has completed such work in a University
Teaching Department or a School of Studies or a
College and produces a certificate of such completion
from the Head of the Teaching Department or School
of Studies or the Principal of the College :
Provided that no person shall be admitted
to :
(i) any examination in the Faculty of
Science other than
that leading to a degree of Bachelor of Science or a
degree of Master of Science in Mathematics;
(ii) any examination in the Faculties other
than the Faculty
or Arts, the Faculty of Social Science and the Faculty
of Commerce.
Unless he has pursued a course of studies
in a
University Teaching Department, a School of Studies
or a College : |
|
|
 |
 |
 |
 |
|
|
|
|
|
|
Provided further that the State Government may,
by notification, permit the admission of women
candidates to an examination leading to a Bachelor's
degree in the Faculty of Law without pursuing a course
of studies in a University teaching department, School
of Studies or a College. (11) to
confer degrees and other academic distinctions on
persons who have carried on research under conditions
laid down in the Ordinances;
(12) to withdraw degrees, diplomas,
certificates and other
academic distinctions for good and sufficient reasons;
(13) to confer honorary degrees or other
academic
distinctions on approved persons in the manner
prescribed in the Statutes;
(14) to provide such lectures and
instructions for and to grant
such diplomas and certificates to persons who are not
enrolled as students of the University, as the University
may determine;
(15) to admit to its privileges colleges
not maintained by the
University, to withdraw all or any of these privileges
and to take over the management of colleges in the
manner and under conditions prescribed by the Statutes
or the Ordinances;
(16) to declare a Teaching Department of
the University,
School of Studies or College as autonomous college :
Provided that the extent of the autonomy
which
such Teaching Department of the University, School of
Studies or a College may have and the matters in
relation to which it may exercise such autonomy, shall
be such as may be prescribed by the Statutes;
(17) to coduct, co-ordinate, regulate and
control teaching and
research work in the colleges and the institutions
recognised by the University;
(18) to recognise halls not maintained by
the University and
withdraw any such recognition in the manner prescribed
in the Statutes and the Ordinances;
(19) to inspect colleges and recognised
institutions and to
take measures to ensure that proper standards of |
|
|
 |
 |
 |
 |
|
|
|
|
|
|
instructions, teaching and training are maintained in
them; (20) to promote with special
care the educational interest of
the weaker sections of the people and in particular of
the Scheduled Castes and the Scheduled Tribes;
(21) to provide to the teachers and alumni
of the University
facilities of refresher and vacation courses;
(22) to co-operate and collaborate with
other Universities
and authorities in such manner and for such purposes
as the University may determine;
(23) to take by itself or in co-operation
with other
Universities or the State Government or the Union
Government special measures for the promotion and
the development of the study of Hindi;
(24) to make provision for :
(a) Extramural teaching and extension
service;
(b) Correspondence Course;
(c) Physical training;
(d) Sports and athletic activities;
(e) Social service schemes;
(f) National Cadet Corps;
(g) Students Union;
(25) to provide for training for
competitive examinations for
services under the Union or the State Government and
such other training as may contribute to national
development;
(26) to institute and manage :
(a) Information Bureau;
(b) Employment Bureau; and
(c) Printing and Publication Department and
Translation Bureau;
(27) to supervise and control the
residence, conduct and
discipline of students of the University and to make
arrangements for promoting their health and general
welfare;
(28) to demand and receive payment of such
fees and other
charges as may be prescribed by the Ordinances; |
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
(29) to prescribe and control the fees and other charges which
may be received or recovered by colleges; (30) to create administrative, ministerial and other necessary
posts and to make appointments thereto;
(31) to excercise control over the salaried
officers, teachers
and other employees of the University in accordance
with the Statutes and the Ordinances;
(32) to hold and manage trusts and
endowments and to
institute and award fellowships, scholarships, exhibitions,
bursaries, medals and other awards;
(33) to receive donations and grants and to
invest funds in
accordance with the provisions of this Act;
(34) with the prior approval of the 1[State
Government] to
borrow on the security of University property money
for the purposes of the University;
(35) to determine standards for admission
into the University,
which may include examination, evaluation or any other
method of testing;
(36) to make special arrangements in
respect of women
students as the University may consider desirable;
(37) to make arrangements for promoting the
health and
general welfare of the employees;
(38) to do all such acts and things,
whether incidental to the
powers aforesaid or not, as may be requisite in order to
further the objects of the University.
7. (1) Save as otherwise provided in this
Act, the powers
conferred on the University by or under this Act shall not extend beyond the limits of the
territorial jurisdiction specified in the Second Schedule from time to time;
Provided that the State Government may
authorise the University to associate or to admit to any of its privileges to colleges
situated within the State outside the aforesaid limits in accordance with the provisions
of this Act and the Statutes made thereunder.
2[Provided further that where
the University provides for in |
|
|
Territorial Jurisdiction
|
|
|
|
|
|
1. Subs. by M.P. 19 of 1994. 2. Ins. by M.P. 17 of 1974 [13.2.74] |
|
|
|
 |
 |
 |
 |
|
|
|
|
|
|
struction through correspondence nothing contained in this section shall
be construed to debar the University from admitting to such course of instructions
students residing outside the aforesaid limits]. 1[Provided also that for imparting Oriental Sanskrit education,
any Sanskrit College imparting Oriental Sanskrit education in Madhya Pradesh shall be
affiliated either to the Awadhesh Pratap Singh University, Rewa or any other university
which the State Govt. may notify];
2[Provided also that the State
Government may, in accordance with the rules framed in this behalf, permit any University
in Madhya Pradesh to collaborate with any Institution outside the State of Madhya Pradesh
or abroad for carrying out partly or wholly any of its teaching or research activities].
(2) Notwithstanding anything contained in
any other law for the time being in force, no college or educational institution situated
within the territorial limits of any University shall be associated in any way or be
admitted to any privileges of any other University incorporated by law in India and any
such privilege granted by any such other University to any educational institution within
these limits prior to the date of the establishment of the University shall be deemed to
be withdrawn on such establishment.
3[ [x x x] (2-a) to (2-d)
omitted.]
(3) Nothing contained in this section shall
apply in the case of colleges or other educational institutions :
(a) Imparting instructions exclusively in
agriculture and
allied sciences and admitted or deemed to be admitted
to the privileges of the Jawaharlal Nehru Krishi
Vishwavidyalaya under the Jawaharlal Nehru Krishi
Vishwavidyalaya Act, 1963 (No. 12 of 1963); and
(b) Imparting instructions exclusively in
Music and Fine
Arts or either of them and admitted or deemed to be
admitted to the privileges of the Indira Kala Sangit
Vishwavidyalaya Act, 1956 (XIX of 1956);
4[(c) Omitted. |
|
|
|
|
|
1. Ins. by M.P. 23 of 1991 & subs. by M.P. 19 of 1994 [4.6.94] 2. Ins. by M.P. 31 of 2001.
3. Sub. Sections (2-a to 2-d) inserted by
M.P. 23 of 1991 and omitted by M.P. 19 of 1994.
4. Omitted by M.P. 23 of 1991. |
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
Prohibition of discrimination in all matters connected with University. |
|
8. The University shall not discriminate against any citizen of
India on grounds of religion, race, caste, sex, place of birth, political or other opinion
or any one of them in the exercise of powers or performance of functions conferred or
imposed upon it by or under this Act. 9. All recognised teaching in the University course, the authorities
responsible for organising such teaching and courses and curriculum shall be such as may
be prescribed by Statutes, Ordinances or Regulations, as the case may be.
10. (1) The Kuladhipati may, on his own
motion, and shall on a request made by the State Government cause an inspection to be made
by such person, or persons as he may direct, of the University, its buildings,
laboratories, museums, workshops and equipment and of any College or Institution
maintained by the University or admitted to its privileges, and also of the Examinations,
teaching and other work conducted or done by the University and cause an inquiry to be
made in like manner in respect of any matter connected with the administration or finances
of the University, Colleges or Institutions.
(2) The Kuladhipati shall, in every case,
give notice of his intention to cause an inspection or inquiry to be made :
(a) to the University, if such inspection
or inquiry is to be
made in respect of the University, College or Institution
maintained by it;
(b) to the management of the College or
Institution if the
inspection or inquiry is to be made in respect of a college
or institution admitted to the Privileges of the University
and the University or management, as the case may be,
shall be entitled to appoint a representative who shall
have the right to be present and be heard at such
inspection or inquiry.
(3) Such person shall report to the
Kuladhipati the result of such inspection or inquiry and the Kuladhipati shall communicate
through the Kulpati to the Executive Council or the said management, as the case may be,
his views with reference to the result of such inspection or inquiry and shall after
ascertaining the opinion of the Executive council or the management thereon advise the
University or the management upon the action to be taken;
Provided that where an inspection or
inquiry is caused on a request from the State Government the Kuladhipati shall take action
under this sub-section in consultation with State Government. |
|
|
|
Teaching in University. |
|
|
|
Inspection in University and Colleges. |
|
|
|
 |
 |
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
(4) The Executive Council or the management as the case may be,
shall communicate through the Kulpati to the Kuladhipati such action, if any, as it has
taken or may propose to take upon the result of such inspection or inquiry and such report
shall be submitted within such time as the Kuladhipati may direct. (5) Where the Executive Council or the management,
does not, within a reasonable time, take action to satisfaction of the Kuladhipati, the
Kuladhipati may, after considering any explanation furnished or representation made by the
Executive Council or the management, issue, in consultation with the State Government such
directions as he may think fit and the Executive-Council or management as the case may be
shall comply therewith.
1["{10-A}(1)
Notwithstanding anything contained in Section 10, the Kuladhipati may refer to the
Lokayukt or Up-Lokayukt for enquiry, any complaint or allegation against Kulpati, Rector
or Registrar.
(2) On receiving the report of the Lokayukt
or Up-Lokayukt, pursuant to the Provisions of sub-section (1) or otherwise, the
Kuladhipati may, in his discretion, take action without following the procedure laid down
in sub-section (3), (4) and (5) of Section 10, but in accordance with other relevant
provisions of the Adhiniyam and the rules or statutes made thereunder."
CHAPTER III - OFFICERS OF THE UNIVERSITY
11. The following shall be the officers of
the University, namely :
(i) the Kuladhipati;
(ii) the Kulpati;
2(ii-a) the Rector;
(iii) the Deans of the Faculties;
(iv) the Registrar;
(v) the Dean of Students Welfare; and
(vi) Such other officers in the service of
the University as
may be declared by the Statutes to be officers of the
University.
12. (1) The Governor of Madhya Pradesh
shall be the
Kuladhipati of the University.
(2) The Kuladhipati shall, by virtue of his
office, be the Head of the University and the President of the court and shall, when
present preside at meetings of the court and at any convocation of the University. |
|
|
|
Enquiry against Kulpati, Rector or Registrar under the Madhya Pradesh
Lokayukt Evam Up-Lokayukt Adhiniyam, 1981 |
|
|
|
|
Officers of University. |
|
|
|
|
Kuladhipati and his powers. |
|
|
|
|
|
|
1. Ins. by M.P. 8 of 1998. 2. Ins. by M.P. 23 of 1983. |
|
|
 |
 |
 |
 |
|
|
|
|
|
|
(3) The Kuladhipati may : (a) call for any papers or information relating to the
affairs of the University; and
1[(b) for reasons to be
recorded, refer any matter
except [x x x] a matter falling under section 55
for reconsideration to any officer or authority of
the University that has previously considered such
matter.
(4) The Kuladhipati may, by an order in
writing, annul :
(a) any proceedings 2[x x x] of
any officer, authority,
Committee or body of the University, constituted
by or under this Act, which is not in conformity
with this Act, the Statutes, Ordinances or the
Regulations, or
(b) any proceedings of any authority,
Committee or
other body which has been referred to him by the
Kulpati under sub-section (7) of section 15, if
he is satisfied that such proceedings are
prejudicial to the interests of the University;
Provided that before making such order he
shall call upon the officer, authority, committee or body concerned to show cause why such
an order should not be made and if any cause is shown within the time specified by him in
this behalf he shall consider the same.
3[(4-A) Where the Kuladhipati
passes an order annulling the
proceedings under sub-section (4), he may make such
subsequent order in relation thereto in conformity with
this Act, rules, Statutes, Ordinances or Regulations, as
he may deem fit in the interest of the University and the
order so made shall be final"
(5) Every proposal to confer an honorary
degree shall be subject to the confirmation of the Kuladhipati.
(6) The Kuladhipati shall exercise such
powers as may be conferred on him by or under this Act. |
|
|
|
|
|
1. Subs. by M.P. 19 of 1994 2. The words "except those relating to service matters" omitted
by M.P. 19 of 1994.
3. Ins by M.P. 23 of 1991. |
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
13. (1) The Kulpati shall be appointed by the Kuladhipati from a
panel of not less than three persons recommended by the committee constituted under
sub-section (2) or sub section (6) : Provided
that if the person or persons approved by the Kuladhipati out of those recommended by the
committee are not willing to accept the appointment, the Kuladhipati may call for fresh
recommendations from such committee :
1[x x x] deleted by M.P. 30 of
1980.
2[ Provided also that the first
Kulpati of each University specified in part II of the Second Schedule shall be appointed
by the Kuladhipati after consultation with the State Government.]
(2) The Kuladhipati shall appoint a
committee consisting of the following persons, namely :
(i) one person elected by the Executive
Council;
3[(ii) one person nominated by
the Chairman of the
University Grants Commission];
(iii) one person nominated by the
Kuladhipati.
The Kuladhipati shall appoint one of the
three persons to be the Chairman of the Committee.
4[(3) For constituting the
committee under sub-section (2), the Kuladhipati shall, six months before the expiry of
the term of the Kulpati, call upon the Executive Council and the Chairman of the
University Grants Commission to choose their nominees and if any or both of them fail to
do so within one month of the receipt of the Kuladhipati's communication in this regard,
the Kuladhipati may, further nominate any one or both the persons, as the case may be.]
(4) No person who is connected with the
University or any college shall be elected or nominated on the committee under sub-section
(2).
(5) The committee shall submit the panel
within six weeks from the date of its constitution or such further time not exceeding four
weeks as may be extended by the Kuladhipati. |
|
Appointment of Kulpati |
|
|
|
|
|
|
|
1. Second Proviso omitted by M.P. 30 of 1980. 2. Ins. by M.P. 23 of 1983.
3. Subs. by M.P. 6 of 1997 in place of
Chief Justice of M.P. High Court or his nominee.
4. Subs. by M.P. 6 of 1997 |
|
|
 |
 |
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
(6) If for any reasons the committee constituted under
sub-section (2) fails to submit the panel within the period specified in sub-section (5),
the Kuladhipati shall constitute another committee consisting of three persons, not
connected with the University or any college, one of whom shall be designated as the
Chairman. The committee so constituted shall submit a panel of three persons within a
period of six weeks or such shorter period as may be specified, from the date of its
constitution. (7) If the committee
consituted under sub-section (6) fails to submit the panel within the period specified
therein the Kuladhipati may appoint any person whom he deems fit, to be the Kulpati.
14. (1) The Kulpati shall be a whole-time
salaried officer of the University and his emoluments and other terms and conditions of
service shall be prescribed by the Statutes.
(2) The Kulpati shall hold office for a
term of four years and shall not be eligible for appointment for more than two terms :
1[x x x]
Provided that notwithstanding the expiry of
his term he shall continue to hold office until his successor is appointed and enters upon
his office but this period shall not in any case exceed six months.
(2-A) The Person holding office of the
Kulpati in any University immediately before the commencement of the Madhya Pradesh
Vishwavidyalaya (Sanshodhan) Adhiniyam, 1988, shall continue to hold his office till the
expiry of his term of office notwithstanding anything contained in the first proviso to
sub-section (2).
(3) If at any time upon representation made
or otherwise and after making such enquiries as may be deemed necessary, it appears to the
Kuladhipati that the Kulpati :
(i) has made default in performing any duty
imposed
on him, by or under this Act; or
(ii) has acted in a manner prejudicial to
the interests
of the University; or
(iii) is incapable of managing the affairs
of the
University the Kuladhipati may, notwithstanding
the fact that the terms of office of the Kulpati
has not expired, by an order in writing stating |
|
|
Emoluments and Conditions of service of Kulpati, term of office of and
vacancy in the office of Kulpati. |
|
|
|
|
|
|
1. First proviso omitted by M.P. 1996, 6 of 1997. which was as under "Provided that he shall cease to hold office on
attending the age of 65." |
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
the reasons therein, require the Kulpati to
relinquish his office as from such date as may be
specified in the order. (4) No order
under sub-section (3) shall be passed unless the particulars of the grounds on which such
action is proposed to be taken are communicated to the Kulpati and he is given a
reasonable opportunity of showing cause against the proposed order.
(5) As from the date specified in the order
under sub-section (3), the Kulpati shall be deemed to have relinquish the office and the
office of the Kulpati shall fall vacant.
1[(6) In the event of the
occurence of any vacancy including a temporary in the office of the Kulpati by reason of
his death, resignation leave, illness or otherwise the Rector and if no Rector has been
appointed or if the Rector is not available, the Dean of any faculty or the seniormost
Professor of University teaching department nominated by the Kuladhipati for that purpose
shall act as the Kulpati until the date on which the Kulpati appointed under sub-section
(1) or sub-section (7) of section 13, enters or reenters as the case may be, upon his
office;
Provided that the arrangement contemplated
in this sub-section shall not continue for a period of more than six months.
15. (1) The Kulpati shall be the principal
administrative and academic officer of the University and shall in the absence of the
Kuladhipati preside at the meetings of the court. He shall be an ex-officio member and
Chairman of the Executive Council and of the Academic Council, Member of the Court, and
Chairman of the Executive Council and Chairman of such other authorities, committees and
bodies of the University of which he is a member. He shall be entitled to be present and
to speak at any meeting of any authority, committee or other body of the University but
shall not be entitled to vote thereat unless he is a member of the authority, committee or
body concerned.
(2) It shall be the duty of the Kulpati to
ensure that this Act, the Statutes, the Ordinances and the Regulations are faithfully
observed and he shall have all powers necessary for this purpose.
(3) The Kulpati shall have the power to
convene meetings of the Court, the Executive Council, the Academic Council and of such
other authorities, Committees and bodies of the University of which he is the Chairman. He
may delegate this power to any other Officer of the University. |
|
|
|
Powers and duty of Kulpati |
|
|
|
|
|
|
1. Subs. by M.P. 19 of 1994. |
|
|
 |
 |
 |
 |
|
|
|
|
|
|
(4) If in the opinion of the Kulpati any emergency has arisen which
requires immediate action to be taken, the Kulpati shall take such actions as he deems
necessary and shall at the earliest opportunity thereafter report his action to such
officer, authority, committee or other body as would have in the ordinary course dealt
with the matter : Provided that the
action taken by the Kulpati shall not commit the University to any recurring expenditure
for a period of more than three months :
Provided further that where any such action
taken by the Kulpati affects any person in the service of the University such person shall
be entitled to prefer, within thirty days from the date on which such action is
communicated to him, an appeal to the Executive Council.
1[Provided also that this power
shall not extend to matters regarding amendment in the Ordinances, Statutes, Regulations
or any matter relating to 2[x x x] appointments.
(5) On receipt of a report under
sub-section (4) of the authority, committee or body concerned does not approve the action
taken by the Kulpati it shall refer the matter to the Kuladhipati whose decission thereon
shall be final.
(6) The action taken by the Kulpati under
sub-section (4) shall be deemed to be the action taken by the appropriate authority until
it is set aside by the Kuladhipati on a reference made under sub-section (5) or is set
aside by the Executive Council on an appeal under the second proviso to sub-section (4).
(7) If in the opinion of the Kulpati, any
proceeding of any authority, committee or other body of the University is likely to be
prejudicial to the interests of the University, he shall record his reasons and refer the
matter to the Kuladhipati and so inform the authority, committee or other body concerned
whereupon the decision concerned shall not be given effect to till the matter is decided
by the Kuladhipati under sub-section (4) of section 12.
(8) The Kulpati shall exercise general
control over the affairs of the University and shall give effect to the decisions of the
authorities of the University.
(9) The Kulpati shall exercise such other
power as may be prescribed by the Statutes, Ordinances and Regulations. |
|
|
|
|
|
|
1. Ins. by M.P. 23 of 1991. 2. Omitted by M.P. 19 of 1994. |
|
|
 |
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
1[15-A (1) It shall be the duty of first Kulpati of
each University
specified in Part II of the Second Schedule to constitute
Court, Executive Council, Academic Council and other
authorities of the University within a period of two years
from the date of the establishment of the University and
till the said authorities are constituted, the Kulpati shall
be deemed to be the Court, Executive Council,
Academic Council or such other authority, as the case
may be, and shall exercise the powers and perform the
duties conferred or imposed on such authorities by or
under this Act : Provided that the
Kuladhipati may, if he considers it
necessary or expedient so to do, appoint a committee
after consultation with the State Government consisting
of an educationist, an administrative expert and a
financial expert to aid and advise the Kulpati in the
exercise of his powers and performance of functions in
lieu of each such authority.
2[15-B 3[(1) A Rector
shall be appointed by the Executive Council
on the recommendation of the Kulpati. If the Executive
Council does not accept the recommendation of the
Kulpati the matter shall be referred to the Kuladhipati
whose decision thereon shall be final.
(2) The Rector shall be a salaried officer
of the University.
(3) Subject to the provisions of this Act,
the term of office,
conditions of service and emoluments of the Rector shall
be such as may be prescribed, by statutes and till so
prescribed as may be determined by the Kuladhipati.
(4) The Rector shall perform such duties
and exercise such
powers of Kulpati as may be assigned to him by the
Kuladhipati in consultation with the Kulpati and he
shall perform such other duties and exercise such other
powers as may be prescribed by Regulations.
4[15-C (1) With
effect from such date as the State Government
may, by notification, appoint in this behalf, there shall
be constituted the State University Service for the |
|
Power and duties of first Kulpati |
|
|
|
|
Rector |
|
|
|
|
State University Service. |
|
|
|
|
|
|
1. Ins. by M.P. 23 of 1983. 2. Inserted by M.P. 23 of 1983.
3. Subs. by M.P. 30 of 1988.
4. Renumbered by M.P. Act 23 of 1983. It
was inserted by M.P. Act 19 of 1980. |
|
|
 |
 |
 |
 |
|
|
|
|
|
|
purpose of providing officers to all the Universities in
the State. The State University Service shall consist of
the cadre of Registrar and such cadres of other officers
covered under clause (vi) of section 11 as the State
Government may, by notification, specify. (2) The State Government may make rules for regulating
the recruitment and the conditions of services of persons
appointed to the State University Service :
Provided that until the State University
Service is
constituted under sub-section (1) and the rules are made
under this sub-section, appointments to the posts of
Registrars vacant on the date of commencement of the
Madhya Pradesh Vishwavidyalaya (Sanshodhan)
Adhiniyam, 1980 or to the posts of other officers
specified in the notification under sub-section (1) vacant
on the date of publication of the notification specifying
the cadres of officers, as the case may be, shall be filled
in by the Kuladhipati by securing the services of
suitable officers on deputation.
(3) All the rules made under this section
shall be laid on
the table of the Legislative Assembly.
(4) The persons holding the post of
Registrars on the date
appointed under sub-section (1) or the persons holding
the posts of officers included in the cadre specified in
the notification under the said sub-section, if confirmed
in the said posts before the 1st day of September, 1980,
shall be permanently absorbed and included in the State
University Service. The remaining persons holding the
aforesaid posts on the 1st day of September, 1980 may,
if found suitable after following such procedure as may
be prescribed by rules, be absorbed in the State
University Service either provisionly or finally. If any
person is not absorbed finally in the State University
Service his services shall be liable to be terminated at
any time on payment of one month's salary last drawn
by him.
(5) Where any person referred to in the
aforesaid sub-
section is finally absorbed in the State University
Service as provided therein, the conditions of service
applicable to him immediately before his absorption, shall
not be changed to his disadvantage by making them less |
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
favourable to him, except that he shall be liable to
transfer from one University to another." 1[16. (1) The Registrar shall be a whole time salaried officer
of
the University and shall discharge his duties under the
Act, subject to the general superintendence and control
of the Kulpati. He shall act as the Secretary of the
Court, of the Executive Council, of the Academic
Council and of the Academic Planning and Evaluation
Board.
(2) The Registrar shall be appointed in
accordance with
the provisions of 2[Section 15-C and the rules made
thereunder."
3[Provided that the first
Registrar of each University specified in Part II of the Second Schedule shall be
appointed by the Kuladhipati after consultation with the State Government and shall hold
office for such period not exceeding four years and on such terms and conditions as the
Kuladhipati may determine.
4[(3) Omitted.
(4) Subject to the powers of the Executive
Council the Registrar shall, unless otherwise provided in the Statutes, be responsible for
seeing that all moneys are expended for the purpose for which they are granted or
allotted.
(5) Unless otherwise provided for by or
under this Act, all contracts shall be signed and all documents and records shall be
authenticated by the Registrar on behalf of the University.
(6) The Registrar shall exercise such
powers and perform such duties as may be conferred or imposed on him, by the Statutes, the
Ordinances and the Regulations. |
|
|
|
Registrar |
|
|
|
|
|
|
1. Subs. by M.P. Act 19 of 1980. 2. Subs. by M.P. Act 23 of 1983.
3. Proviso inserted by M.P. Act 23 of 1983.
4. Omitted by M.P. Act 19 of 1980. |
|
|
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
Dean of Students' Welfare |
|
17. (1) The Dean of Students' Welfare shall be appointed by the
Executive Council on the recommendation of the Kulpati. (2) The Dean so appointed under sub-section (1) shall be a whole
time salaried officer;
Provided that the Executive Council may, if
it is considered necessary to appoint, on the recommendation of the Kulpati, a teacher,
not below the rank of a Reader to discharge the duties of the Dean of Students' Welfare in
addition to his duties as such teacher, and in such a case, the Executive Council may
sanction a suitable allowance to be paid to him.
(3) The terms and conditions of service and
the duties and powers of the Dean of Students' Welfare shall be prescribed by the
Statutes.
18. The appointment of other officers of
the University referred to in section 12, shall be made in such manner and the conditions
of their service and powers and duties shall be such as may be prescribed by the Statutes,
Ordinances and Regulations.
1[18-A On the inclusion of post
of other officers covered under clause (vi) of section 11 in the State University Service
constituted under section [15-C2 the provisions of section 18, shall cease to
apply in respect of such other officers."
CHAPTER IV - AUTHORITIES OF THE
UNIVERSITY
19. The following shall be the authorities
of the University :-
(i) the Court;
(ii) the Executive Council;
3[(ii-a) the Finance Committee;
(iii) the Academic Council;
(iv) Faculties;
(v) the Board of Studies;
(vi) Academic Planning and Evaluation
Board;
(vii) such other authorities as may be
declared by the
Statutes to be the authorities of the
University.
20. (1) The Court shall consist of the following persons namely: |
|
|
|
Other Officers |
|
|
|
Section 18 to cease to apply on inclusion in State University Service of
certain other officers. |
|
|
|
Authorities of University. |
|
|
|
Constitution of Court. |
|
|
|
|
|
1. Ins. by M.P. Act 10 of 1980. 2. Subs. by M.P. Act 23 of 1983.
3. Ins. by M.P. Act 23 of 91. |
|
|
 |
 |
 |
 |
|
|
|
|
|
|
GROUP - A (i) the
Kuladhipati;
(ii) the Kulpati;
1[(ii-a) the Rector;
(iii) the Deans of Faculties;
2[(iii-a) Dean student's
welfare;
(iii-b) Dean or Director, as the case may
be, of the College
Development Council];
(iv) the Secretary to Government of Madhya Pradesh,
3[Higher Education Department]
or his nominee not
below the rank of Deputy Secretary;
4[(v) the Commissioner, Higher Education, Madhya Pradesh];
(vi) the Director of Public Instructions,
Madhya Pradesh;
(vii) the Director of Technical Education,
Madhya Pradesh;
(viii) the Chairman of the Madhya Pradesh
Board of
Secondary Education;
(ix) the Mayor of the Municipal Corporation or the
President of the Municipal Council as the
case may be,
at the headquarters of the University.
GROUP - B
5[(x) four Principals of
affiliated colleges of the University
amongst whom, there shall be atleast one
Lady
Principal, to be elected from amongst themselves in the
manner prescribed by the Statutes;
6(xi) three professors from the University Teaching
Departments, elected from amongst
themselves, in the
manner prescribed by the Statutes;
7(xii) two professors from the affiliated colleges to be elected
from amongst themselves, in the manner
prescribed by
the Statutes; |
|
|
|
|
|
|
1. Ins. by M.P. Act 23 of 1983. 2. Cls. (iii-a) and (iii-b) Ins. by M.P. Act 19 of 1994.
3. Subs. for the words "Education
Deptt. by M.P. Act 19 of 1994.
4. Subs. by M.P. Act 19 of 1994.
5. Subs. by M.P. Act 23 of 1991.
6. Subs. by M.P. Act 23 of 1991.
7. Subs. by M.P. Act 23 of 1991. |
|
|
 |
 |
 |
 |
 |
|
|
|
|
|
|
1(xiii) two persons from amongst the Readers or Lecturers of the University Teaching Departments and three
persons
from amongst Assistant Professors of the Affiliated
colleges to be elected from amongst themselves in the
manner prescribed by the Statutes;"
2(xiv) omitted
2(xv) omitted.
3[GROUP - C]
(xvi) not more than two persons
representing "Learned
Professions", to be nominated by the
Kuladhipati, in
the manner prescribed by the Statutes:
(xvii) not more than four persons representing industry,
agriculture, labour and commerce to be
nominated by
the Kuladhipati;
(xviii) eight members of the State Legislative Assembly to be
selected by the State Legislative Assembly;
(xix) five representatives to be elected by the registered
graduates of the University from amongst
themselves;
(xx) every donor donating ten lakh Rupees4 or more to the
University;
(xx-a) One representative from the salaried non-teaching
employees of the University elected from
amongst
themselves as prescribed by the Statutes; and
5[GROUP - D]
"(xxi) three students elected by the
student members of the
Board of Studies from amongst themselves;
(xxii) two students to be elected from amongst themselves by
students who in the academic session
immediately
preceeding the election have been members of teams of
the University participating in the University
tournaments;
(xxiii) two students to be elected from amongst its members |
|
|
|
|
|
1. Subs. by M.P. Act 1994 No. 19 of 1994. 2. (xiv) and (xv) omitted by M.P. Act 10 of 1978 and 23 of 1991
respectively.
3. Cls (xvi) to (xxa) Subs. by M.P. Act 23
of 1991.
4. Ins. by M.P. Act 31 of 2001.
5. Cls (xxi) to (xxiii) Subs. by M.P. Act
23 of 1991. |
|
|
 |
 |
 |
 |
|
|
|
|
|
|
by an electoral college consisting of students who are for the time being President of Students Union in
the
colleges and in the University Teaching Departments".
GROUP - E
(xxiv) such members of the Executive
Council who are not
members under any of the foregoing items :
Explanation :
(i) no person shall be eligible to become a
member of the
Court under more than one item;
(ii) not more than one person shall be nominated from any
University Teaching Department, School of
Studies or
college under any one item of Group B.
1[(iii) except the representative mentioned in clause (xx-a),
no salaried employee of any University or
any college
within the State shall be eligible to be a member under
Group-C.
(iv) for purpose of Group D, student shall mean a person
who :
(a) is receiving instructions or carrying on research
in any of the colleges or University
Teaching
Department or Schools of Studies or any other
institution of the University under terms and
conditions laid down in the Ordinance; and
(b) has passed his Higher Secondary Examination
not earlier than seven years and his
Intermediate
Examination, not earlier than six years before the
opening date of the academic session in which
he seeks election.
2[Provided that where, during the period of
operation of Proclamation of Emergency made
by the
President on the 25th June, 1975 under clause (1) of
Article 352 of the Constitution of India any student has
to discontinue his studies because of his detention under
the Maintenance of Internal Security Act, 1971 (no. 26
of 1971), or arrest or imprisonment under the Defence
and Internal Security of India Act, 1971 (No. 42 of 1971) |
|
|
|
|
|
1. Ins. by M.P. Act 8 of 1986. 2. Ins. by M.P. Act 10 of 1978 (7.8.77) |
|
|
 |
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
or the Defence and Internal Security of India Rules, 1971 or under section 107 or section 117 or section
151
of the Code of Criminal Procedure, 1973 (No. 2 of 1974)
and the periods specified in this sub-paragraph had
expired in relation to such student during such
detention; arrest or imprisonment prior to the
commencement of the academic year 1977-78, the
provisions of this sub-paragraph shall have effect in
relation to such students as if for the words "seven years"
and "six years", the words "nine years" and "eight years"
were respectively substituted".
(c) the mode of election under items xix, xxi, xxii
and xxiii shall be such as may be
prescribed by
the Statutes;
(2) The term of office of members elected under Group-D of sub-section (1) shall be one
year.
(3) The term of office of members nominated
or elected, as the case may be, under Group-B and Group-C or included in Group-E of
sub-section (1) shall be coterminus with the term of the Court which shall be three years.
(4) Every donor specified in item (xx) of
sub-section (1) shall be a member of the Court during his life time;
Provided that where such donor is an
undivided Hindu Family, trust, firm, company or body corporate, it shall cease to be a
donor for the purposes of the membership of the Court on the expiry of a period of fifteen
years from the date the donation is accepted by the University, and during the period
aforesaid, the representative as may be nominated from time to time by such donor shall be
deemed to be the donor.
21. (1) The Court shall meet atleast once
in a calendar year and at such intervals as may be prescribed by the Statutes.
1[(2) Twenty five members of the
Court shall form the quorum:
Provided that no quorum shall be necessary
for adjourned meetings."
22. Subject to the provisions of this Act,
the Court shall exercise, the following powers and perform the following duties namely : |
|
|
Meetings of Court and quorum thereat. |
|
|
|
Powers and duties of Court |
|
|
|
|
|
|
|
1. Subs. by M.P. Act 23 of 1991. |
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
(i) to act as an advisory body in all matters relating to the University;
(ii) to review from time to time the broad policies and
programmes of the University and to suggest
measures
for the improvement and development of the University;
(iii) to consider and pass resolutions on the annual report;
the annual accounts and audit report
thereon, if any;
(iv) to consider and pass resolutions on the annual financial
estimates of the University;
1[(v) [x x x]
(vi) to confer on the recommendation of the
Executive
Council, honorary degrees and other
academic
distinctions;
(vii) to review the acts of the other authorities of the
University save where such authorities have
acted in
accordance with the powers conferred upon them by
this Act, the Statutes and the Ordinances;
(viii) to exercise such other powers and perform such other
duties as may be conferred or imposed upon
it by this
Act and the Statutes.
23. (1) The Executive Council shall be the executive body of the University and shall
consist of the following, namely :
(i) the Kulpati;
2[(i-a) the Rector;
(ii) four Deans of Faculties nominated by
the Kuladhipati;
(iii) three persons elected by single
transferable vote by the
Court from among its members;
(iv) two Professors of the University Teaching Departments
or Schools of Studies to be nominated by
the Kuladhipati
by rotation according to seniority;
(v) four Principals of affiliated colleges atleast two of whom
shall be from colleges belonging to the
State
Government, to be nominated by the Kuladhipati by
rotation according to seniority; |
|
|
|
Executive Council. |
|
|
|
|
|
|
1. Omitted by M.P. Act 19 of 1994 2. Subs. by M.P. Act 23 of 1983. |
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
(vi) the Secretary to Government of Madhya Pradesh 1[Higher] Education Department or his
nominee not
below the rank of Deputy Secretary;
(vii) the Secretary to Government of Madhya Pradesh,
Finance Department or his nominee not below
the rank
of Deputy Secretary;
2[(viii) Six persons nominated by the Kuladhipati amongst whom
one each shall be a person belonging to
Scheduled
Castes, Scheduled Tribes and Other Backward Classes,
out of these six persons two shall be women.;
Provided that :
(a) no salaried employee of any University
or any
college in Madhya Pradesh shall be eligible
for
election under item (iii) above;
(b) no person shall be eligible for re-election for a
second consecutive term under item (iii)
above;
(2) Members of the Executive Council other than ex-officio members shall hold office for a
period of three years;
Provided that a member of the Executive
Council elected under item (iii) of sub-section (1) shall cease to hold office as such
member if he ceases to be a member of the Court.
3[(3) Seven members of the
Executive Council shall form a quorum.
4[Provided that no quorum shall
be necessary for adjourned meeting.]
24. Subject to the provisions of this Act,
and the Statutes, Ordinances and Regulations made thereunder, the Executive Council shall
have the following powers and perform the following duties, namely :
(i) to hold, control and administer the
property funds of
the University;
(ii) to administer the funds placed at the disposal of the
University for specific purposes;
(iii) to adopt annual accounts together with the audit report;
(iv) to frame the annual financial
estimates of the
University and to place them before the
Court for its
consideration; |
|
|
Powers and duties of Executive Council |
|
|
|
|
|
|
1. Ins. by M.P. Act 19 of 1994. 2. Ins. by M.P. Act No. 1 of 2003.
3. Ins. by M.P. Act No. 23 of 1991.
4. Proviso added by M.P. Act 23 of 1991. |
|
|
 |
 |
 |
 |
|
|
|
|
|
|
(v) (a) to adopt the annual financial estimates after considering suggestions of the Court, if any;
(b) to fix the limit for the total recurring expenditure
and total non-recurring expenditure for the
year
based on the resources of the University which
in the case of productive works may include the
proceeds of loans;
(vi) subject to clause (v), at any time during the financial
year :
(a) to reduce the amount of the budget grant;
(b) to sanction the transfer of any amount
within a
budget grant from one head to another or
from a
subordinate head under one minor head to a
subordinate head under another minor head; or
(c) to sanction the transfer of any amount not
exceeding rupees five thousand within a
minor
head from one subordinate head to another or
from one primary unit to another;
(vii) to borrow and lend funds on behalf of the University;
Provided that funds shall not be borrowed
on the
security of University property without the
prior
approval of the 1[State Government];
(viii) to transfer any movable or immovable property on
behalf of the University;
Provided that no immovable property of the
University shall, except with the prior
sanction of the
State Government, be transferred by way of mortagages,
sale, exchange, gift or otherwise;
(ix) to enter into, vary, carry out and cancel contracts on
behalf of the University in the exercise of
performance
of the powers and duties assigned to it by this Act, and
the Statutes.
(x) to determine the form of, provide for the custody and
regulate the use of the common seal of the
University;
(xi) to lay before the 2[Commissioner, Higher Education], |
|
|
|
|
|
1. Subs. by M.P. Act 19 of 1994. 2. Subs. by M.P. Act 19 of 1994. |
|
|
 |
 |
 |
 |
|
|
|
|
|
|
annually a full statement of the financial requirements of all colleges and halls;
(xii) to admit colleges to the privileges of the University on
the recommendation of the Academic Council
and with
the previous sanction of the 1[Commissioner, Higher
Education] and subject to the provisions of this Act and
Statutes and to withdraw any of the privileges and to
take over the management of the college in the manner
and under conditions prescribed by the Statutes and
Ordinances;
(xiii) to declare Teaching Department of the University;
Schools of Studies or Colleges, autonomous
Colleges;
Provided that the extent of autonomy which each
such Teaching Department of the University,
School of
Studies or Colleges may have and the matters in
relation to which it may exercise such autonomy, shall
be such as may be prescribed by the Statute;
(xiv) to make provision for building, premises, furniture
apparatus, books and other means needed for
carrying
on the works of the University;
(xv) to accept on behalf of the University, trusts, bequests,
donations and transfers of any movable or
immovable
property to the University;
(xvi) to manage and regulate the finances, accounts and
investments of the University;
(xvii) to institute and manage :
(a) a Printing, Publication and Translation
Bureau;
(b) an Information Bureau;
(c) an Employment Bureau;
(xviii) to make provision for :
(a) (i) Extramural teaching and research,
(ii) University extension activities,
(iii) Correspondence Courses,
(b) Physical training;
(c) Students' Union; |
|
|
|
|
|
1. Subs. by M.P. Act 19 of 1994. |
|
|
 |
 |
 |
 |
|
|
|
|
|
|
(d) Students' Welfare; (e) Sports and athletic activities;
(f) Social Service schemes; and
(g) National Cadet Corps;
(xix) to scrutinise all proposals of the
Academic Council with
a view to their execution within the
framework of the
budget;
(xx) to institute such Professorships, Readerships, 1[x x x]
Lecturerships or other teaching posts as
may be
proposed by the Academic Planning and Evaluation
Board;
Provided that no teaching post shall be instituted
without the prior approval of the 2[Commissioner,
Higher
Education];
3[(xxi) to create administrative, ministerial and other posts with
the prior sanction of the State
Government";
(xxii) to abolish or suspend, after report from the Academic
Planning and Evaluation Board thereon any
Professorships, Readerships, 4[x x x] Lecturerships, or
other teaching posts in the University;
(xxiii) to establish, maintain and manage colleges, teaching
departments, institutions of research or
specialised
studies, laboratories, libraries, museums and halls;
(xxiv) to recognise halls and to provide housing
accommodation for teachers of the
University paid by
the University;
(xxv) to arrange for and direct the inspection of affiliated
colleges, recognised institutions and halls
and to issue
instructions for maintaining their efficiency and for
ensuring proper conditions of employment for members
of their staff, and payment of adequate salaries, and, in
case of disregard of such instructions, to modify on the
recommendations of the Academic Council the
conditions of affiliation or recognition or taking of such |
|
|
|
|
|
1. Omitted by M.P. Act 10 of 1978. 2. Subs. by M.P. Act 19 of 1994.
3. Subs. by M.P. Act 23 of 1991.
4. Omitted by M.P. Act 10 of 1978. |
|
|
 |
 |
 |
 |
|
|
|
|
|
|
other steps as it deems necessary and proper in that behalf;
(xxvi) to prepare a college code laying down therein the terms
and conditions of affiliation of colleges
other than
Government Colleges;
(xxvii) to call for reports, returns and other information from
affiliated colleges, recognised
institutions or halls;
(xxviii) to supervise and control the admission, residence,
conduct and discipline of the students of
the University
and to make arrangements for promoting their health
and general welfare;
(xxix) to recommend to the Kuladhipati the conferment of
Honorary degrees and academic distinctions
in the
manner prescribed by Statutes;
1[(xxx) to confer or withdraw degrees, diplomas, certificates
and other academic distinctions in the
manner prescribed
by the Statutes;
(xxxi) to institute fellowships, scholarships, studentships,
exhibitions, medals and prizes;
(xxxii) save as otherwise provided by this Act, or the Statutes,
to appoint the officers other than the
Kulpati, teachers
and other employees of the University, to define their
duties and the conditions of their service, and to provide
for the filling of temporary vacancies in their posts;
(xxxiii) to regulate and enforce discipline among members of
the teaching, administrative and
ministerial staff of the
University in accordance with the Statutes and
Ordinances;
(xxxiv) to recognise a member of the staff of an affiliated
college or recognised institution as a
teacher of the
University and withdraw such recognition;
(xxxv) to fix remuneration of examiners and to arrange for the
conduct of and for publishing the results
of the
University examinations and other tests;
(xxxvi) to cancel examinations in the event of malpractices
partially or wholly and to take action
against any person |
|
|
|
|
|
|
1. Subs. by M.P. Act 23 of 1991. |
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
or group of persons or institutions found guilty of such malpractices, including rustication of students;
(xxxvii) to take disciplinary action against students enrolled in
the University, including candidates for
any
examinations;
(xxxviii) to take disciplinary action against staff, persons
appointed as invigilators, examiners etc.;
(xxxix) to fix, demand and receive such fees and other charges
as may be prescribed by the Ordinances;
(xl) to make, amend and cancel Ordinances;
(xli) to accept, reject or return to the
Academic Council for
consideration but not to amend, Regulation
framed by
the Academic Council;
(xlii) to entertain, adjudicate upon and, if deemed fit, to
redress grievances of the employees and the
students;
(xliii) to exercise such other powers and perform such other
duties as may be conferred or imposed on it
by or under
this Act;
(xliv) to exercise all powers, of the University not otherwise
provided for in this Act or the Statutes
and all other
powers which are requisite to give effect to the
provisions of this Act or the Statutes;
(xlv) to delegate by Regulations any of its powers to the
Kulpati, the Registrar or such other
officer of the
University or a Committee appointed by it as it may
deem fit.
1[24-A (1) The Kuladhipati shall constitute a Finance Committee for each
University, consisting of the following members, namely :
2[(i) Kulpati of the University
.... Chairman
(i-a) Registrar of the University - Member/
Secretary;
(ii) Finance officer of the University;
3[(iii) Commissioner, Higher
Education or his nominee not
below the rank of Joint Director; |
|
|
|
Finance Committee |
|
|
|
|
|
|
1. Ins. by M.P. Act 23 of 1991. 2. Ins. by M.P. Act 19 of 1994.
3. Subs. by M.P. Act 19 of 1994. |
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
(iv) Secretary to the Government of Madhya Pradesh Higher Education Department or his nominee not below
the rank of Deputy Secretary;
(v) Secretary to the Government of Madhya Pradesh,
Finance Department or his nominee not below
the rank
of Deputy Secretary.
(2) The Finance Committee shall control the finances of the University.
(3) Subject to the provisions of this Act
and the Statutes, Ordinances and Regulations made thereunder, the Finance Committee shall
exercise the powers and perform the functions as under :
(a) to review the Income and Expenditure of
the
University;
1[(b) to prepare the Annual Financial Estimates of the
University before the commencement of the
financial year and place it before the Executive
Council for approval and to advise amendment
therein from time to time;
(c) to sanction proposals and take decisions on the
income and expenditure of the University;
(d) to get the annual accounts and the annual audit
of the University completed in time and in
light of
the report order appropriate directions;
2[(4) Three members shall form the quorum, out of which presence of Kulpati and
one member either from clause (iv) or (v) of sub-section (1) shall be essential.]
3[25 (1) The Academic Council
shall be the Academic body of the University consisting of the following members :
(i) Kulpati;
(ii) Rector;
(iii) Commissioner, Higher Education,
Madhya Pradesh or
his nominee not below the rank of Regional
Additional
Director, Higher Education;
(iv) Chairman, Madhya Pradesh Board of Secondary
Education; |
|
|
Academic Council |
|
|
|
|
|
|
1. Subs. by M.P. Act 19 of 1994. 2. Inst. by M.P. Act 19 of 1994.
3. Sub-Sections (1) and (2) subs. by M.P.
Act 23 of 1991. |
|
|
 |
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
(v) Deans of all Faculties; 1[(v-a) Dean or Director as the case may be of the College
Development Council.]
(vi) Chairman of Boards of Studies;
(vii) Heads of the Departments of the
University;
(viii) Five Principals of colleges
affiliated to the University
among whom as far as possible at least two
shall be
lady principals, nominated by the Kulpati;
(ix) Two Professors of the affiliated Colleges of the
University nominated by the Kulpati;
(x) Three persons from Readers and Lecturers of the
University and Assistant Professors of the
Colleges
among whom at least two shall be ladies nominated by
the Kulpati.
(2) Twelve members of the Academic Council shall form the quorum;
Provided that no quorum shall be necessary
for adjourned meeting."
(3) The Academic Council shall have the
power to co-opt, as members, two persons having special knowledge or experience in the
subject matter of any particular business which may come before the Council for
consideration. The members so co-opted shall have all the rights of the members of the
Council in regard to the transaction of the business in relation to which they may be
co-opted.
(4) All the members of the Academic Council
other than ex-officio members and members referred into in sub-section (3) shall hold
office for a term of three years.
26. (1) The Academic Council shall, in
addition to all other powers vested in it by this Act, the Statutes and the Ordinances,
have the following powers and perform the following duties, namely :
(i) to exercise general supervision over
the academic
policies of the University and to give
directions
regarding methods of instruction, co-operative teaching
among colleges and institutions maintained by or
admitted to the privileges of the University, evaluation
of research or improvements in academic standards;
(ii) to consider matters of general academic interest either
on its own initiative or on a reference by
a faculty or the
Executive Council and to take appropriate action thereon; |
|
|
|
Powers and duties of Academic Council |
|
|
|
|
|
|
1. Ins. by M.P. Act 19 of 1994. |
|
|
 |
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
(iii) to make proposals for allocating departments to the Faculties and to assign Fellows and its own members
to
the Faculties;
(iv) to make proposals for the institution of fellowships,
scholarships, studentships, exhibitions,
medals and prizes
and to make rules for their award;
(v) to consider the application for admission of an
educational institution to the privileges
of the University;
1[Provided that no such application shall be
considered unless it is accompanied by a
certificate
from the Commissioner, Higher Education to the effect
that the establishment of the institution or the expansion
of faculties sought by the Institution has been permitted
by him.]
(vi) to prescribe qualifications for recognition of persons as
teachers of the University and to accord
such
recognition;
(vii) to make arrangement for the conduct of examinations
and to appoint result committees consisting
of its own
member or other persons or both, as it thinks fit, to
prepare the result of examinations and report such
results to the Executive Council for publication;
(viii) to recognise persons eminent in any subject to guide
research in that subject.
(2) The Academic Council may appoint a Standing Committee consisting of its members. The
constitution, powers and functions of the said Standing Committee shall be determined by
the Statutes.
27. (1) The University shall have all or
any of the following Faculties, namely :
(i) Arts;
(ii) Social Science;
(iii) Science;
(iv) Law;
(v) Education;
(vi) Engineering;
(vii) Medicine; |
|
|
Faculties |
|
|
|
|
|
|
1. Subs. by M.P. Act 19 of 1994. |
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
(viii) Ayurved; (ix) Commerce;
(x) Such other faculties as may be
prescribed by the
Statute.
(2) Each Faculty shall consist of the Dean and such other members and shall have such
powers and perform such duties as may be prescribed by the Statutes.
(3) Each Faculty shall have such
departments as may be assigned to it by the Ordinances.
(4) The Dean shall be appointed by the
Kuladhipati on the recommendation of the Kulpati for a period of two years from amongst
the Professors of the University Teaching Departments or Schools of Studies who are
teachers in the subjects assigned to the Faculty;
Provided further that if there is no
Professor of the University Teaching Departments or Schools of Studies teaching the said
subjects the Dean shall be appointed from amongst the College Professors who are teachers
in the said subjects :
Provided further that if there is no
Professor of the University Teaching Departments or Schools of Studies or College
Professor teaching the said subjects, the Dean shall be appointed from amongst the
principals of affiliated Colleges who are teachers in the said subjects, but who are not
College Professors :
Provided also that if there is no Professor
of University Teaching Departments or Schools of Studies or College Professor or Principal
teaching the said subjects, the Kuladhipati may appoint Dean of any other Faculty to act
as the Dean of the Faculty.
(5) The Dean shall be the chairman of the
Faculty and shall be responsible for the due observance of the Statutes, the Ordinances
and the Regulations relating to the Faculty and for the conduct and maintenance of
standards of teaching and research;
(6) The Dean shall have the right to be
present and to speak at any meeting of any Boards of Studies of the Faculty but shall not
have the right to vote thereat.
28. (1) There shall be a Board of Studies
for every subject or group of subjects as may be prescribed by the statutes.
(2) Each Board shall consist of :
(i) Professors of University Teaching
Departments and |
|
|
|
Board of Studies |
|
|
|
 |
 |
 |
 |
|
|
|
|
|
|
Schools of Studies in subjects for which the Board is constituted;
(ii) two Heads of College Departments in colleges
teaching the said subject upto the
postgraduate level to
be nominated by the Kulpati by rotation according to
seniority;
(iii) one Reader from the University Teaching Departments
and Schools of Studies teaching the said
subjects to be
nominated by the Kulpati by rotation according to
seniority;
(iv) two Heads of College Departments in colleges
teaching the said subjects upto the degree
level to be
nominated by the Kulpati by rotation according to
seniority;
(v) not more than two teachers in the said subjects to be
nominated by the Kulpati;
(vi) one student to be appointed by the Kulpati possessing
the qualifications laid down in the
Statutes;
(vii) two members to be co-opted by the Board, one of whom
shall be an expert from outside the
University, and shall
be from a recognised research institute, if any, in the
subject or group of subjects for which the Board is
Constituted.
Explanation : For pupose of clause (vi) student shall mean person
who :
(a) is receiving instructions or carrying on research in any
of the colleges or University Teaching
Departments or
Schools of Studies or any other institution of the
University under terms and conditions laid down in the
Ordinance; and
(b) has passed his Higher Secondary Examination not
earlier than seven years or his
Intermediate
Examination nor earlier than six years before the date
of his appointment.
1[x x x]
(3) The Chairman of the Board of Studies
shall be nominated by the Kulpati from amongst the members of the board referred to in
clause (i) of sub-section (2). |
|
|
|
|
|
1. Proviso omitted by M.P. Act 23 of 1991. |
|
|
 |
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
Provided that if there is no member under clause (i), the
Chairman shall be nominated by the Kulpati from amongst the members of the Board under
clauses (ii) and (iii) of sub-section (2) : Provided also that if there is no member under clauses (i), (ii) and
(iii), the Chairman shall be nominated from amongst the members of the Board under clause
(iv).
(4) The term of the Board of Studies shall
be three years :
Provided that the term of office of the
student members of the Board shall be one year.
1[29. Subject to the provisions
of section 34-A, the Board of Studies shall have such powers and perform such functions as
may be prescribed by the Statutes.
30. (1) The Academic Planning and
Evaluation Board shall consist of the following members, namely :
(i) the Kulpati-Ex-officio Chairman;
2[(i-a) the Rector;
(ii) Deans of Faculties;
3[(ii-a) Dean or Director, as
the case may be of the College
Development Council;]
(iii) three heads of University Departments and Schools of
Studies nominated by the Kulpati;
(iv) two college Professors nominated by the Kulpati;
(v) three scholars of repute not connected
with the
University nominated by the Academic
Council;
(vi) two representatives of industry, agriculture and
commerce nominated by the Kuladhipati;
(2) Seven members of the Board shall form a quorum.
(3) The term of the Academic Planning and
Evaluation Board shall be three years.
(4) The Academic Planning and Evaluation
Board shall have the following powers and perform the following duties, namely : |
|
|
|
Powers and function of Board of Studies |
|
|
|
|
Academic Planning and Evaluation Board |
|
|
|
|
|
|
1. Subs. by M.P. Act 8 of 1986. 2. Inst. by M.P. Act 23 of 1983.
3. Ins. by M.P. Act 19 of 1994 |
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
(i) to prepare the short term and long term plan of the University;
(ii) to consider and forward to the Executive Council with
its recommendations the research projects
and academic
programmes proposed by the faculties and to bring about
inter-faculty co-ordination for taking up projects on inter-
faculty basis;
1[(iii) to suggest new academic programmes to the Faculties
and to do academic evaluation of affiliated
colleges of
the University from time to time;
(iv) to make proposals for the establishment of departments,
institutions of research and specialised
studies,
laboratories and museums;
(v) to make proposals for the institution of teaching posts
and for prescribing the duties of such
posts;
(vi) to evaluate from time to time the working of the
University Teaching Departments, and
Schools of
Studies;
(vii) to evaluate periodically the progress of the Plan.
31. (1) There shall be such other Boards in
the University as may be prescribed by the Statutes.
(2) The constitution, term, powers and
duties of the Boards constituted under sub-section (1) shall be such as may be prescribed
by the Statutes.
CHAPTER V - FINANCES
32. (1) The University shall establish a
Fund to be called the University Fund.
(2) The following shall form part of, or be
paid into, the University Fund :
(a) any rent, contribution or grant by
Central or State
Government or any body corporate;
(b) trusts, bequests, donations, endowments and other grants
if any;
(c) the income of the University from all sources including
income from fees and charges; |
|
|
Boards to be constituted |
|
|
|
University Fund |
|
|
|
|
|
|
1. Subs. by M.P. Act 23 of 1991. |
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
(d) all other sums received by the University. (3) The University Fund shall be kept in any
Scheduled Bank as defined in the Reserve Bank of India Act, 1934. (No. 2 of 1934), or
invested in securities authorised by the Indian Trusts Acts, 1882 (No. 2 of 1882), at the
discretion of the Executive Council.
(4) Nothing in this section shall in any
way affect any obligations accepted by or imposed upon the University by any declaration
of trust executed by or on behalf of the University for the administration of any trust.
33. (1) The University Fund shall be
applicable to the following objects, and in the following order :
(a) to the repayment of debts incurred by
the University for
the purposes of this Act and the Statutes,
the Ordinances
and Regulations made thereunder;
(b) to the upkeep of colleges, teaching departments, schools
of studies established by the University,
residence and
halls;
(c) to the payment of the cost of audit of the University
Fund;
(d) to the expenses of any suit or proceedings to which
University is party;
(e) to the payment of salaries and allowances of the
officers and employees of the University,
members of
the teaching staff and the establishement employed in
the colleges, the teaching departments and school of
studies maintained by the University for and in
furtherance of the purposes of this Act, and the Statutes,
the Ordinances and the Regulations made thereunder
and to the payment of any Provident Fund Contributions,
gratuity and other benefits to any such officers and
employees, members of the teaching staff or the
members of such establishment.
(f) to the payment of the travelling and other allowances of
the members of the Court, Executive Council
and the
Academic Council and any other authorities of the
University and/ or the members of any committee or
Board appointed by any of the authorities of the
University in pursuance of any provision of this Act,
and the Statutes, the Ordinances and the Regulations |
|
|
|
Objects to which University Fund may be applied |
|
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
made thereunder; (g) to the payment of fellowships, scholarships, studentships
and other awards to students;
(h) to the payment of any expenses incurred by the
University in carrying out the provisions
of this Act, and
the Statutes, the Ordinances, and the Regulations made
thereunder;
(i) to the payment of any other expenses not specified in
any of the preceeding clauses declared by
the
Executive Council to be the expense for the purposes
of the University.
(2) No expenditure shall be incurred by the University in excess of the limits for total
recurring expenditure and total non-recurring expenditure for the year fixed by the
Executive Council without the previous approval of the Executive Council.
(3) No Expenditure other than that provided
for in the budget shall be incurred by the University without the previous approval of the
Executive Council.
1[CHAPTER VI - CO-ORDINATION
COMMITTEE CENTRAL BOARD OF STUDIES AND STATUTES, ORDINANCES AND REGULATIONS
34. (1) There shall be a Co-ordination
Committee consisting of the following persons, namely :
(i) Kuladhipati;
(ii) The Kulpatis of the University
specified in the Second
Schedule;
2[(ii-a) The Rectors of the University specified in the Second
Schedule;]
3[(iii) Commissioner, Higher Education, Madhya Pradesh;]
(iv) 4[Principal
Secretary/Secretary] to Government of
Madhya Pradesh, Law Department; |
|
|
Co-ordination Committee. |
|
|
|
|
|
|
|
1. Subs. by M.P. Act of 1984. 2. Subs. by M.P. Act 23 of 1983.
3. Subs. by M.P. Act 19 of 1994.
4. Subs. by M.P. 6 of 1997. |
|
|
 |
 |
 |
 |
|
|
|
|
|
|
(v) 1[Principal Secretary/Secretary] to Government of Madhya Pradesh, Finance Department;
(vi) Secretary to Government of Madhya Pradesh;
(vii) 2[Principal
Secretary/Secretary] to Government of
Madhya Pradesh, 3[Higher]
Education Department;
4[(viii) The Kulpatis of the Universities constituted under any
Act of the State Legislature.]
(2) The Kuladhipati shall be the President of the Co-ordination Committee and the 5[Principal
Secretary/Secretary] to Government of Madhya Pradesh, 6[Higher] Education
Department, shall be its Secretary.
(3) On coming into force of this Act,
notwithstanding the provisions of section 36 and section 38, the first Statutes and
Ordinances shall be drawn up by the Co-ordination Committee. The first Statutes and
Ordinances shall come into force from such date as the Kuladhpati may by an order specify;
Provided that the power conferred on the
Co-ordination Committee to draw up the first Statutes and Ordinances shall be exercised
within a period of one year from the date appointed under sub-section (3) of section 1.
(4) The Co-ordination Committee shall
exercise the following powers and discharge the following functions :
(i) to undertake from time to time
examination of the
Statutes and Ordinances inforce in the
various
Universities and to suggest modifications;
(ii) to approve or reject the Statutes and Ordinances
submitted by the Executive Council of the
University;
(iii) to recommend to the Universities and the
7[Commissioner, Higher
Education] on its own motion
or on the request of any University, a Teacher Exchange
Programme, organization of refresher course or any other |
|
|
|
|
|
1. Subs. by M.P. 6 of 1997. 2. Subs. by M.P. 6 of 1997.
3. Ins. by M.P. Act 19 of 1994.
4. Ins. by M.P. 6 of 1997.
5. Subs. by M.P. 6 of 1997.
6. Ins. by M.P. Act 19 of 1994.
7. Subs. by M.P. Act 19 of 1994. |
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
academic programme; (iv) to promote co-operation in academic programmes among
the Universities;
(v) to consider matters of common interest to all or some of
the Universities;
(vi) to frame bye laws for the conduct of its business.
(5) The Co-ordination Committee shall meet
at Bhopal or such other place and at such intervals as the Kuladhipati may determine.
1[34-A (1) There shall be
Central Board of Studies for Foundation
Course or such other subject or group of
subjects as the
Kuladhipati may, on the recommendation of the Co-
ordination Committee, notify.
(2) The Central Board of Studies for Foundation course shall
consist of :
(i) One teacher of the University from each
University not below the rank of a Reader
of the
University teaching department or one Professor
in a College to be nominated by the Kulpati; and
(ii) Such other members not exceeding ten to be
nominated by Kuladhipati,
Explanation : The foundation course shall mean
and include a course of general awareness
and a
course for improving competence in Hindi and
English language.
(3) The Central Board of Studies for other subject or group
of subjects shall consist of :
(i) Chairman, Boards of Studies of all the Universites
in the subject or group of subjects for
which the
Central Board of Studies is to be constituted;
Provided that if any University does not have a
Board of Studies in the subject or group of
subjects, the
Kulpati may, nominate any teacher not below the rank
of a Reader in the University teaching department or a
Professor in a College;
Provided further that if any University has more |
|
|
Central Board of Studies. |
|
|
|
|
|
|
|
1. Subs. by M.P. Act 23 of 1983. |
|
|
 |
 |
 |
 |
|
|
|
|
|
|
than one Board of Studies in the subject or group of subjects, the Kulpati may nominate Chairman of any
of the Concerned Boards of Studies of the university to
be a member of the Central Board of Studies :
(ii) not more than four Heads of College Departments
in Colleges teaching the said subjects upto
Postgraduate level, to be nominated by the
Kuladhipati;
(iii) not more than five Heads of College Departments
in Colleges teaching the said subjects upto
degree
level, to be nominated by the Kuladhipati;
1[(iv) not more than five experts to be nominated by
the Kuladhipati on the recommendation of
the
1[Commissioner, Higher Education] of which at
least one shall be from outside the State and as
far as possible from a prominent Research
Institute, if any, in the relevant field; and
2[(v) One representative of the Commissioner, Higher
Education.]
(4) The Kuladhipati shall nominate :
(i) the Chairman of the Central Board of
Studies for
foundation course from amongst the members
referred to in clause (1) of sub-section (2); and
(ii) the Chairman of the Central Board of Studies for
other subject or group of subjects from
amongst
the members referred to in clauses (i) and (ii) of
sub-section (3).
3[(5) The Kuladhipati may, whenever he deems necessary,
delegate his powers of nomination under
sub-section (2),
(3) or (4) to the 3[Commissioner, Higher Education];
(6) The Constitution of the Central Board of Studies under
this section shall be notified in the
Gazette;
(7) The term of each Control Board of Studies shall be three
years from the date of publication of the
notification
under sub-section (6); |
|
|
|
|
|
1. Subs. by M.P. Act 19 of 1994. 2. Subs. by M.P. Act 19 of 1994.
3. Subs. by M.P. Act 19 of 1994. |
|
|
 |
 |
 |
 |
|
|
|
|
|
|
Provided that the Central Board of Studies shall continue to perform its functions and duties for a
further period of six months or till the date of notificaiton
of constitution of new Central Board of Studies is
published whichever is earlier,
(8) Notwithstanding anything contained in this Act or any
Statute or Ordinance made thereunder, the
Central Board
of Studies shall exercise the following powers and
discharge the following duties, namely;
(a) subject to the approval of the Kuladhipati to
prescribe the courses of study and
examinations,
to prescribe text books and/ or recommend other
books for undergraduate level in the subject or
group of subjects with which is deals which shall
be followed in all Universities in the State :
Provided that approval to the recommendation of
a Central Board of Studies shall not be
withheld
except on the ground that they do not fulfil the
objectives set out in this section;
(b) to take steps for translation in Hindi of books in
the subject with which it deals and for
their
publications by the Madhya Pradesh Hindi Granth
Academy and such other public bodies as may
be working for the same objectives:
(c) to consider and report on any matter referred to
it by the Co-ordination Committee,
1[Commissioner, Higher Education] or the
Kuladhipati, as the case may be;
(d) to consult specialist, not being its member for
carrying out its function; and
(e) to perform such other functions consistent with
this Act within such time as the 2[Commissioner,
Higher Education] or the Kuladhipati may, by an
order in writing, require it to perform.
(9) The recommendations of the Board of Studies approved
by the Kuladhipati shall come into force in
respect of all
Universities in the State with effect from the date as
may be notified by the Kuladhipati. |
|
|
|
|
|
1. Subs. by M.P. Act 19 of 1994. 2. Subs. by M.P. Act 19 of 1994. |
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
(10) Any two or more Central Boards of Studies may, and on being directed by the Kuladhipati shall meet and
make
a joint report upon any matter which lies within the
purview of both or, as the case may be, all of them.
(11) The State Government may, in consultation with the
Kuladhipati, make rules for carrying out
the purposes
of the provisions of this section.
(12) Each Central Board of Studies shall peform its
functions in such a manner as to raise the
standard of
education and to faciliate availability of books of high
standard and quality to students at economical prices.
For the purpose it shall function in collaboration with the
Madhya Pradesh Hindi Granth Academy and such other
public bodies as may be working for the same objectives.
(13) The Kuladhipati may at any time suspend, modify or
amend any decision of a Central Board of
Studies on the
ground that it does not fulfil the objectives set out in this
section and may direct the Board to consider the matter
afresh.
35. 1[Subject to the provisions of this Act and the rules made thereunder] the
Statutes may provide for all or any of the following matters, namely :
(a) the constitution, powers and duties of
such bodies as
may be deemed necessary to constitute from
time to
time;
(b) the manner of election or appointment and the term of
office of the members of the bodies
referred to in clause
(a) including the continuance in the office of the first
members, and filling of vacancies of members and all
other matters relating to those bodies for which it may
be necessary or desirable to provide;
(c) emoluments and other terms and conditions of service
of the Kulpati, his powers and duties;
2[(c-i) The term of office, conditions of service, and
emoluments of Rector and his powers and
duties;
(d) powers and duties of the Registrar, and other officers |
|
|
|
Statutes |
|
|
|
|
|
|
|
1. Subs. by M.P. Act 19 of 1980. 2. Ins. by M.P. Act 23 of 1983. |
|
|
 |
 |
 |
 |
|
|
|
|
|
|
and employees of the University and the conditions of their service;
(e) the constitution of a pension or Provident Fund and the
establishment of an insurance scheme and
provision of
gratuity and other benefits for the benefit of the
officers, teachers and other employees of the University;
(f) the holding of convocation to confer degrees;
(g) conferment of honorary degrees;
(h) the withdrawal of degrees, diplomas,
certificates and
other academic distinctions;
(i) the establishment and abolition of faculties, halls,
colleges, teaching departments, schools of
studies and
institutions maintained by the University;
(j) the conditions under which colleges and other
institutions may be admitted to the
privileges of the
University and the withdrawal of such privileges;
(k) the extent of the autonomy which the Teaching
Departments of the University, Schools of
Studies or
Colleges may have and the matters in relation to which
such autonomy may be exercised;
(l) qualifications of Professors, Readers, 1[x x x] Lecturers
and other teachers in affiliated Colleges,
and recognised
institutions;
(m) the administration of endowments, and the institution of
fellowships, scholarships, studentships,
exhibitions,
bursaries, medals, prizes and other awards;
(n) the emoluments and terms and conditions of service of
the officers and the emoluments and terms
and
conditions of service other than pay scales of teachers
of the University paid by the University;
(o) the mode of determining seniority for the purpose of
this Act;
(p) the maintenance of a register of registered graduates;
(q) establishment and constitution of
Bureau for
publications and translation in Hindi; and |
|
|
|
|
|
1. Words 'Asstt. Professors' omitted by M.P. 10 of 1978. |
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
(r) all other matters which by this Act are to be provided for by Statutes.
36. (1) The first Statutes of the University shall be prepared by the Co-ordination
Committee.
(2) The Co-ordination Committee may, from
time to time make, amend or repeal any Statute by passing a Statute in the manner
hereinafter appearing.
1[(3) The Co-ordination
Committee may on receiving a
proposal from the Executive Council of a
University or
on its motion consider the draft of a Statute that is in the
interest of either one or all the Universities;
2[(3-A) [x x x]
(4) Where a draft is proposed by the
Executive Council, the Co-ordination Committee may approve of such draft and pass the
Statute or reject it or return it to the Executive Council for reconsideration either in
whole or in part together with any amendment which the Co-ordination Committee may
suggest.
(5) After any draft returned under
sub-section (4) has been further considered by the Executive Council together with any
amendment suggested by the Co-ordination Committee it shall again be presented to the
Co-ordination Committee with a report of the Executive Council thereon and the
Co-ordination Committee may approve or reject the Statute.
(6) The Co-ordination Committee shall not
take into consideration nor the Executive Council shall propose the draft of any Statute
or of any amendment of a Statute or of the repeal of any Statute :
(a) affecting the Statutes, power or
constitution of any
authority of the University until such
authority has been
given an opportunity of expressing an opinion upon the
proposal; or
(b) affecting the conditions of admission of Colleges to
privileges of the University, until the
Academic Council
has been given an opportunity of expressing an opinion
upon the proposal and such opinion shall be forwarded
by the Executive Council to the Co-ordination Committee
alongwith any draft it may propose.
(7) Where the Co-ordination Committee approves the Stat |
|
|
|
Statutes how made. |
|
|
|
|
|
|
1. Subs. by M.P. Act 23 of 1991. 2. Omitted by M.P. Act 23 of 1991. |
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
utes, they shall become effective from such date as the
Co-ordination Committee may specify. 37.
Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all
or any of the following matters :
(i) the admission of students to colleges,
teaching
departments, schools of studies and
laboratories and levy
of fees and their enrolment;
(ii) the degrees, diplomas, certificates and other academic
distinctions to be awarded by the
University, and the
qualifications for the same;
(iii) the examinations leading to the degrees, diplomas and
certificates of the University;
(iv) the fees to be charged for courses of study in the
University and for admission to the
examination, degrees
and diplomas of the University;
(v) laying down conditions for apearing at examinations for
degrees, diplomas, certificates and other
academic
distinctions;
(vi) conduct of examinations;
(vii) to condition of the award of
fellowships, scholarships,
studentships, exhibitions, medals and
prizes etc;
(viii) the maintenance of discipline amongst the students of
the University;
(ix) the conditions of residence of the students of Teaching
Departments, Colleges, Schools of Studies
and the levy
of fees for residence in halls;
(x) the recognition and inspection of halls;
(xi) the special arrangements, if any,
which may be made for
the residence, discipline and teaching of
women students
and prescribing for them special courses of study;
(xii) giving of moral instructions;
(xiii) the management of colleges and other
institutions
founded or maintained by the University;
(xiv) the supervision and inspection of colleges and other
institutions admitted to the privileges of
the University; |
|
|
Ordinances |
|
|
|
 |
 |
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
(xv) the duties, qualifications and conditions of appointment including pay scales of teachers of the University
paid
by the University;
(xvi) the duties and powers of the Board and Committees to
be appointed by the University jointly with
any other
University or body;
(xvii) the rules to be observed and enforced by affiliated
Colleges and recognised institutions in
respect of
transfer of students;
(xviii) the register of students to be kept by affiliated Colleges
and recognised institutions;
(xix) the mode of execution of contracts or agreements by or
on behalf of the University;
(xx) the rates at which travelling allowance and daily
allowance shall be admissible to the
members of the
Authorities, Committees and other bodies of the
University, the examiners, the officers and staff of the
University;
1[(xxi) constitution of students' union and its mode;
(xxii) all other matters which by this Act
or the Statutes are
also to be or may be provided for by the
Ordinances.
Provided that an Ordinance under item (xv) shall be subject to the provisions of section
50.
38. (1) All Ordinances except the first
Ordinance shall be made by the Executive Council.
2[(2) An Ordinance made by the
Executive Council shall come into force from the date on which it is approved by the
Co-ordination Committee.
39. (1) Notwithstanding anything contained
in sub-section (1)of section 38, no Ordinance shall be made by Executive Council :
(a) affecting the admission of students, or
prescribing
examinations to be recognised as equivalent
to the
University Examinations or the further qualifications
mentioned in sub-section (1) of section 43 for admission
to the degree courses of the University, unless a draft |
|
|
|
Ordinances how made |
|
|
|
|
Procedure regarding Ordinances. |
|
|
|
|
|
|
1. Subs. by M.P. Act 19 of 1994. 2. Sub.Sec. (2), (3) and (4) Subs. by M.P. Act 23 of 1991. |
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
of the same has been proposed by the Academic Council; or
(b) affecting conditions and duties of examiners and the
conduct or standard of examinations except
in
accordance with a proposal of the Faculty or Faculties
concerned and unless a draft of such ordinance has been
proposed by the Academic Council, or
(c) affecting the qualifications and emoluments of teachers
of the University paid by the University,
unless a draft
of the same has been proposed by the Academic
Council.
(2) The Executive Council shall not have powers to amend any draft propsed by the Academic
Council under sub-section (1) but may reject the proposal or return the draft to the
Academic Council, for reconsideration, either in whole or in part, together with any
amendment which the Executive Council may suggest.
(3) After any draft returned under
sub-section (2) has been further considered by the Academic Council together with any
amendment suggested by the Executive Council it shall be again presented to the Executive
Council with a report of the Academic Council thereon and the Executive Council may then
deal with the draft in such manner as it may think fit.
(4) Where the Executive Council has
rejected the draft of an ordinance proposed by the Academic Council, the Academic Council
may appeal to the Co-ordination Committee and the Co-ordination Committee may direct that
such ordinance shall have effect from such date as may be specified in the direction.
40. (1) The Authorities, Committees and
other bodies of the University constituted by or under this Act, may make regulations
subject to the provisions of this Act, the Statutes and the Ordinances :
(a) laying down the procedure to be
observed at their meeting
and the number of members required to form
a quorum.
Provided that until regulations providing for
quorum are made, the quorum to constitute a
meeting of
any Authority, Committee or other body of the
University shall be number forming the majority of the
member constituting such Authority, Committee or other
body of the University for the time being;
(b) providing for all matters which by this Act, the Statutes |
|
|
Regulations |
|
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
or the Ordinances are to be prescribed by Regulations; and
(c) providing for all other matters solely concerning such
authority, or other body or the committees
appointed by
them and not provided for by this Act, the Statutes or
the Ordinances.
(2) Every Authority, Committee and body of the University shall make Regulations providing
for the giving of notice to the members of such Authority, Committee or body of the date
of meetings and of the business to be considered at meeting and for keeping the minutes of
the meeting.
(3) The Executive Council may modify or
annul any regulations made under this section by any Authority, Committee or body other
than the court;
Provided that any Authority, Committee or
body of the University which is not satisfied with any modification or annulment may
appeal to the Co-ordination Committee whose decision in this matter shall be final.
CHAPTER VII - RESIDENCE OF STUDENTS,
ENROLMENT AND DEGREES, ETC.
41. Every student of the University shall
reside in hall or elsewhere under such conditions as may be prescribed by the Statutes and
Ordinances.
42. (1) Halls, other than those maintained
by the University shall be such as may be recognised by the Executive Council on such
general or special conditions as may be prescribed by the Ordinances.
(2) The Wardens and the superintending
staff of the hall shall be appointed in the manner prescribed by the Statutes.
(3) The conditions of residence in hall
shall be prescribed by the Ordinances, and every hall shall be subject to inspection by
any authority or officer of the University authorised in this behalf by the Executive
Council.
(4) The Executive Council shall have power
to suspend or withdraw the recognition of any hall on the ground that it is not conducted
in accordance with the conditions prescribed by the Ordinances :
Provided that no such action shall be taken
without affording the managing authority of such hall an opportunity of making such
representation as it may deem fit. |
|
|
|
Residence of students |
|
|
|
|
Hostels. |
|
|
|
 |
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
Admission to University Courses |
|
43. (1) Students shall not be eligible for admission to a course
of study for a degree unless they have passed the final examination held under the Madhya
Pradesh Madhyamik Shiksha Adhiniyam, 1965 (No. 23 of 1965), or an examination recognised
in accordance with the provisions of this section as equavalent thereto and possess such
further qualifications as may be prescribed by the Ordinances and have been enrolled as
students of the University. (2) The
University may with the previous sanction of the 1[Commissioner, Higher
Education] recognise for the purposes of admission to a course of study for a degree as
equivalent to its own degrees and any Degrees conferred by any other University, or as
equivalent to the final examination held under the Madhya Pradesh Madhyamik Shiksha
Adhiniyam, 1965, (No. 23 of 1965), and other Examination.
(3) No students shall be admitted to a
course of study leading upto a degree unless he is enrolled as a student in a College,
Teaching Department or School of Study;
Provided that a student shall be admitted
to a course of study leading upto :
(i) a Bachelor's Degree or Master's Degree
in
Mathematics in the Faculty of Science.
(ii) a degree in the Faculty of Arts, Faculty of Social
Science or the Faculty of Commerce.
(iii) a Bachelor's Degree in the Faculty of Law, in the case
of women students permitted by a
notification under the
third proviso to clause (10) of section 6, whether such
student is enrolled as a student of a College, teaching
department, school of studies or not.
2[(iv) a Bachelor's degree in the Faculty of Home Science.
(4) Students who are not enrolled as
members of a College, Teaching Department or School of Studies shall be non-collegiate
students of the University.
44. (1) Subject to the provisions of the
Statutes, all Examiners and Moderators of examination questions shall be appointed by the
Kulpati, in consultation with the Committee consisting of the following members :
(i) the Dean of the Faculty concerned who
shall be the
Chairman of the Committee; |
|
|
|
Appointments of Exminers and Moderators. |
|
|
|
|
|
|
1. Subs. by M.P. Act 19 of 1994. 2. Ins. by M.P. Act 19 of 1980. |
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
(ii) the Chairman of the Board of studies concerned; (iii) a member of the Board of Studies concerned to
be
nominated for the purpose by the Kulpati.
(2) If during the course of an examination an examiner becomes, for any cause, incapable
of acting as such, the Kulpati shall appoint an examiner to fill the vacancy.
45. (1) Every College shall furnish such
reports, returns and other information as the Executive Council, after obtaining the
opinion of the Academic Council, may require to enable it to judge the efficiency of the
College or institution.
(2) The Executive Council shall cause such
College or institution to be inspected from time to time by one or more competent persons
authorised by the Executive Council in this behalf.
(3) The Executive Council may call upon any
such College or institution so inspected to take within a specified period, such action as
may appear to it to be necessary.
46. 1[(1) The following persons,
shall, on payment of such fees as may be prescribed by the Statutes be entitled to have
their names enrolled in the register of registered graduates to be maintained in such form
as may be prescribed by the Statutes :
(a) any graduate of the University;
(b) any graduate of atleast three years
standing of any other
University incorporated by law in India and
residing within
the territorial jurisdiction of the University;
Provided that a graduate registered as a registered graduate in more than one of the
Universities under the Enactments repealed under section (2) shall, within in period of
six months from the date appointed under sub-section (3) of section 1, by a declaration,
in such form as may be prescribed by Statutes filed before the Registrar of any of the
Universities in respect of which he fulfils the conditions laid down in clause (a) or (b)
above exercise his option to be a registered graduate of such University and on excercise
of such option he shall cease to be a registered graduate of all the Universities, of
which he was a registered graduate before the date aforementioned :
Provided that if any such registered
graduate fails to exercise the opinion under the preceding proviso, he shall on the
expiration of the period of six months from the date appointed under sub-section (3) of
section 1, cease to be registered graduate of all the Universities of which he |
|
|
|
Inspection of Colleges and reports |
|
|
|
|
Registered Graduates. |
|
|
|
|
|
|
1. Renumbered by M.P. Act 17 of 1974. |
|
|
 |
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
was a registered graduate prior to such date. 1[(2) Notwithstanding the fact that the
period specified in the
Provisions to sub-section (1) has expired,
the Kuladhipati
may, if he is of the opinion that it is necessary so to do in
respect of any University by order declare that the said
period shall stand extended by a further period of six
months from the date of expiry of the aforesaid period
in respect of that University and thereupon the
reference to the period of six months in the said provison
shall, with respect to that University be read and
construed as a reference to the period so extended".
CHAPTER VIII - AUDIT
47. The annual report of the University
shall be prepared under the direction of the Executive Council and shall be submitted to
the Court on or before such date as may be prescribed by the Statutes and shall be
considered by the Court at its annual meeting. The Court may pass resolution thereon and
communicate the same to the Executive Council.
2[The University shall,
thereafter, send a copy of the annual report to the State Government and the State
Government shall, as soon as may be, cause the same to be laid on the table of the State
Legislative Assembly.]
48. (1) The accounts of the University
shall at least once every year at intervals of not more than fifteen months be audited by
the Examiner of Local Fund Accounts of the State.
3[(2) The Copy of the audited
accounts togather with the audit report shall be submitted by the Executive Council to the
Court, 4[Commissioner, Higher Education] and the State Government. The State
Government shall, as soon as may be, cause the same to be laid on the table of the State
Legislative Assembly.]
CHAPTER IX - APPOINTMENT TO TEACHING
POSTS IN THE UNIVERSITY
5[49 (1) No person shall be
appointed :
(i) as a Professor, Reader, 6[x
x x] Lecturer; or |
|
|
Annual Reports |
|
|
|
Audit of Accounts. |
|
|
|
Appointment to teaching posts. |
|
|
|
|
|
|
1. Added by M.P. Act 23 of 1991. 2. Added by M.P. Act 23 of 1991.
3. Subs. by M.P. Act 23 of 1991.
4. Subs. by M.P. Act 19 of 1994.
5. M.P. Act 23 of 1991.
6. Words Asstt. Prof. omitted by M.P. Act
10 of 1978. |
|
|
 |
 |
 |
 |
|
|
|
|
|
|
(ii) to any other teaching post of the University paid by the University except on the recommendation of a
committee of selection constituted in accordance with
sub-section (2) :
Provided that if appointment to any of the teaching posts aforesaid is not expected to
continue for more than 1[six months] and cannot be delayed without detriment to
the interest of the department or institution maintained by the University, the Executive
Council may make such appointment without obtaining the recommendation of the committee of
selection constituted under sub-section (2) but the person so appointed, shall not be
retained on the same post for a period exceeding 1[six months] or appointed to
another post in the service of the University except on the recommendation of the said
committee of selection.
2Provided further that any such
appointment purported to have been made under the preceding proviso prior to the 13th day
of February 1974 and continuing on such date shall continue till the 30th day of June,
1974 or the filling up of the post in accordance with sub-section (5), whichever is
earlier.
(2) The members of the committee of
selection shall be :
(i) the Kulpati - Chairman,
(i-a) 3[x x x].
(ii) [x x x].
4[(iii) one expert to be
nominated by Kuladhipati from
a panel, submitted by the academic council
of
three experts in the subject, not connected with
the University in any manner whatsoever.
(iv) Three subject experts, not connected with the
University in any manner whatsoever to be
nominated by the Kuladhipati.]
5[Provided that atleast one of three experts shall
be nominated from category of Scheduled
Castes, |
|
|
|
|
|
1. For the words three months "Six months" subs. by M.P. Act 17
of 1974. This shall be deemed to
have formed part of the Principal Act 1973 from the commencement
thereof.
2. Ins. by M.P. Act 17 of 1974. (Deemed to have been inserted from the date of
commencement of the Principal Act (Act No.
22 of 1973)
3. Cls. (i-a) and (ii) Omitted by M.P. Act 23 of 1991.
4. Cls. (iii) and (iv) Subs. by M.P. Act 19
of 1994.
5. Ins. by M.P. Act 31 of 2001. |
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
Scheduled Tribes or other Backward classes. In case of non-availability of an expert from these
categories,
one Administrative Officer not below the rank of
Commissioner, who belongs to reserved categories, shall
be nominated]
(v) 1[x x x]
2[(3) Three members of the
selection committee shall form a quorum].
3[(4) The Committee shall
investigate the merits of the various candidates, and shall recommend to the Executive
Council the names, if any, of persons whom it considers suitable for the posts, arranged
in order of merit :]
4[Provided that no
recommendation shall be made unless at least two experts nominated under clause (iii) and
(iv) of sub-section (2) are present in the meeting in which such recommendation is to be
decided upon.]
5[(5) Out of the names so
recommended under sub-section (4) the Executive Council shall appoint persons in order of
merit].
6[(49-A) (1) Notwithstanding
anything to the contrary contained in any other provisions of this Act, a lecturer or a
Reader in the University substantively appointed under section 49, who has put in such
length of service and possesses such qualifications as prescribed in the promotion scheme
formulated by the University Grants Commission, or the Ministry of Human Resource
Development Department of Education, Government of India and adopted by the State
Government and the University, may be given promotion to the post of Reader or Professor,
respectively.
(2) Such promotions shall be given on the
recommendation of the Selection Committee constituted under sub-section (2) of section 49
in such manner and subject to such conditions as prescribed in the promotion schemes or in
the Ordinance made by the University. |
|
|
Promotion of teachers. |
|
|
|
|
|
|
1. Omitted by M.P. Act 19 of 1994. 2. Ins. by M.P. Act 19 of 1994.
3. Subs. by M.P. Act 23 of 1991.
4. Subs. by M.P. Act 19 of 1994.
5. Subs. by M.P. Act 23 of 1991.
6. Ins. by M.P. Act 6 of 1997 with
retrospective effect from 13th day of March, 1984. |
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
(3) Nothing contained in this section shall affect the posts of
the teachers of the University to be filled by direct recruitment in accordance with the
provisions of section 49. (4) For
promotion, the higher post shall be deemed to be automatically created by upgradation of
the lower post and it shall be a cadre post :
Provided that the higher post shall
automatically be converted into the lower post when the incumbent vacates the higher
post.]
50. The payment of the salaries to the
teachers of the University paid by the University shall be in accordance with scales fixed
by the Executive Council by Ordinance with the prior approval of the State Government.
CHAPTER X - EMERGENCY PROVISIONS
51. (1) If the State Government is
satisfied that owing to maladministration or financial mismanagement in the university a
situation has arisen whereby financial stability of University has become insecure, it
may, by a notification, declare that the finances of such University shall be subject to
the control of the State government.
(2) Every notification issued under
sub-section (1) shall, in the first instance, remain in operation for a period of one year
from the date specified in the notification and the State Government may, from time to
time, by a like notification, extend the period of operation by such further period as it
may think fit, provided that the total period of operation does not exceed three years.
(3) During the period the notification
issued under sub-section (1) remains in operation, the executive authority of the State
Government shall extended to the giving of directions to the said University to observe
such canons of financial propriety as may be specified in the direction and to the giving
of such other directions as the State Government may deem necessary and adequate for the
purpose.
(4) Notwithstanding anything contained in
this Act, any such direction may include :
(i) a provision requiring the submission of
the budget to the
State Government for sanction;
(ii) a provision requiring the University
to submit every
proposal involving financial implications to the state
Government for sanction;
(iii) a provision requiring the submission of every proposal |
|
|
|
Salaries of teachers paid by University. |
|
|
|
|
State Government to assume financial control in certain circumstances. |
|
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
for revision of scales of pay and rates of allowances of the officers, teachers and other persons employed by
the University to the State Government for
sanction;
(iv) a provision requiring the reduction of salaries and
allowances of all or any class of persons employed by
University;
(v) a provision requiring the reduction in the number of
officers, teachers and other persons employed by
University;
(vi) a provision requiring the lowering down of scales of pay
and rates of allowances;
(vii) a provision in regard to such other
matters as may have
the effect of reducing the financial strain on the
University.
(5) Notwithstanding anything contained in this Act, it shall be binding on every authority
of the University and every officer of the University to give effect to the direction
given under this section.
(6) Every officer of the University shall be personally liable for misapplication of any
fund or property of the University as a result of non-compliance of the direction given
under this section to which he shall have been a party or which shall have happened
through or been facilitated by gross neglect of his duty as such officer, and the loss so
incurred shall, on a certificate issued by the Secretary to Government, Madhya Pradesh,
Education Department, be recovered from such officer as an arrear of land revenue;
Provided that no action to recover the
amount of loss as an arrear of land revenue shall be taken until reasonable opportunity
has been given to the person concerned to furnish an explanation and such explanation has
been considered by the State Government.
52. (1) If the State Government on receipt
of a report or other wise, is satisfied that a situation has arisen in which the
administration of the University cannot be carried out in accordance with the provisions
of the Act, without detriment to the interests of the University, and it is expedient in
the interest of the University so to do, it may by notification, for reasons to be
mentioned therein, direct that the provisions of section 13, 14, 20 to 25, 40, 47, 48, 54
and 68 shall, as from the date specified in the notification (hereinafter in this section
referred to as the appointed date), apply to the University subject to modifications
specified in the Third Schedule.
(2) The notification issued under
sub-section (1) (hereinaf |
|
|
Powers of State Government to apply Act in modified form with a view to
provide for better administration of University in certian circumstances. |
|
|
|
 |
 |
 |
 |
|
|
|
|
|
|
ter referred to as the notification) shall remain in operation for a
period of one year from the appointed date the State Government may, from time to time,
extend the period by such further period as it may be think fit so however that the total
period of operation of the notification does not exceed three years. (3) The Kuladhipati shall simultaneously with the
issue of the notification appoint the Kulpati under section 13 and 14 as modified and the
Kulpati so appointed shall hold office during the period of operation of the notification
:
Provided that the Kulpati may,
notwithstanding the expiration of the period of operation of the notification, continue to
hold office thereafter until his successor enters upon office but this period shall not
exceed one year.
(4) As from the appointed date, the
following consequences shall ensue, namely :
(i) during the period of operation of the
notification this
Act shall have effect subject to the
modifications
specified in the Third Schedule;
(ii) the Kulpati, holding office immediately before the
appointed date, shall notwithstanding that his term of
office has not expired, vacate his office;
(iii) every person holding office as a member of the Court,
the Executive or the Academic Council, as the case
may be, immediately before the appointed
date shall
cease to hold that office;
(iv) the student representatives of the University on the
student consultative committee under clause (i) of sub-
section (i) of section 54 immediately
before the appointed
date shall cease to be members of the said committee;
(v) until the Court, Executive Council or Academic Council,
as the case may be, is reconstituted in accordance with
the provisions as modified, the Kulpati
appointed
under section 13 and 14 as modified shall exercise the
powers and perform the duties conferred or imposed by
or under this Act, on the Court, the Executive Council
or Academic Council :
Provided that the Kuladhipati may, if he considers it necessary so to do, appoint a
committee consisting of an educationist, an administrative expert and a financial expert
to assist the Kulpati so appointed in exer |
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
cise of such powers and performance of such duties. (5) Before the expiration of the period of operation
of the notification or immediately as early as practicable, thereafter, the Kulpati shall
take steps to constitute the Court, Executive Council and Academic Council in accordance
with the provisions of the Act, as unmodified and the court, Executive Council and
Academic Council as so constituted shall begin to function on the date immediately
following the date of expiry if the period of operation of the notification of the date on
which the respective bodies are so constituted whichever is later:
Provided that if the Court, Executive
Council and Academic Council are not constituted before the expiration of the period of
operation of the notification, the Kulpati shall on such expiration, exercise the powers
of each of these authorities subject to prior approval of the Kuladhipati till the Court,
Executive Council or Academic Council, as the case may be, is so constituted.
53. On expiration of the period of
operation of the notification issued under section 52, the provisions of this Act, as
modified in application to the University mentioned in the notification shall cease to
operate in respect thereof and the other relevant provisions of this Act shall revive and
continue to apply thereto;
Provided that the expiration of the
operation of the notification shall not affect :
(a) Previous operation of, or anything done
or suffered
under the provisions as modified in any
order made
thereunder; or
(b) any right, privilege, obligation or liability acquired,
accrued or incurred under the provisions as modified or
any order made thereunder; or
(c) any investigation or remedy in respect of any such right,
privilege, obligation or liability as aforesaid, and such
investigation or remedy may be instituted
or enforced
as if the modified provisions had not ceased to apply.
CHAPTER XI - STUDENT CONSULTATIVE COMMITTEE
54. (1) There shall be State-level Student Consultative Committee consisting of the
following members, namely :
(i) Three student representatives from each
University
elected by the student members of the court
of that
University from amongst themselves, one
each from |
|
|
Effect on expiration of the period of operation of notification under
section 52. |
|
|
|
Student Consultative Committee. |
|
|
|
 |
 |
 |
 |
|
|
|
|
|
|
student members under items (xxi), (xxii) and (xxiii) of section 20;
Provided that if the student
representatives
under this item do not include :
(a) a student from the medical colleges in
the State;
or
(b) a student from the Engineering Colleges
in the
State, a student each representing Medical
Colleges and Engineering Colleges in the
State
shall be nominated by the State Government;
Provided further that if the student
representatives include less than two girl students, the
State Government shall nominate such number
of girl
students as to make their number two.
(ii) two Kulpatis of Universities by rotation in the order in
which the Universities are named in the Second
Schedule, nominated by the State
Government;
(iii) two Registrars of Universities by rotation in the reverse
order to that referred to in item (ii) nominated by the
State Government;
(iv) two Deans of Students' welfare or such other two
officers as are in-charge of students' welfare in the
Universities nominated by the State
Government;
(v) an officer of the 1[Higher] Education Department not
below the rank of Deputy Secretary to Government
nominated by the State Government.
Explanation : For the purpose of this sub-section "Student"
shall have the meaning assigned thereto in
section 20.
(2) The member nominated under item (v) of sub-section (i) shall be the convener.
(3) The Committee shall elect its own Chairman for every meeting from amongst the members
present.
(4) The term of the Committee shall be one
year and the term of office of members of the Committee shall be co-terminus with the term
of the Committee. |
|
|
|
|
|
1. Ins. by M.P. Act 19 of 1994. |
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
(5) The Committee shall have the powers to discuss and make
recommendation on : (a) the approach
to Higher Education in Universities;
(b) academic programmes of general
significance;
(c) organisation and programming of
teaching work and
examinations;
(d) extra-curricular and co-curricular
activities in Colleges
and Universities including organisation of Inter
University competitions and tournaments and
youth
festivals;
(e) students' welfare activities in Universities including
Health Services;
(f) work experience programmes for
students;
(g) organisation of social service by students;
(h) residence and discipline of students;
(i) any other matter of interest to
students in general.
(6) The Committee may :
(a) lay down a code of conduct for
students;
(b) recommend steps for the promotion of
teacher-student
relationship;
(c) suggest agencies and steps for
resolving differences
between students and the administration in educational
institutions.
(7) The Committee may communicate its views on matters included in sub-section (5) and (6)
to any or all Universities, as the need be for consideration.
CHAPTER XII - SUPPLEMENTARY PROVISIONS
55. If any question arises regarding the
interpretation of any provisions of this Act or of any Statute, Ordinance or Regulation or
as to whether any person has been duly elected, appointed as or is entitled to be, a
member of any authority, or other body of the University, the matter shall be referred to
Kuladhipati whose decision thereon shall be final;
1[Provided that before taking
any such decision the Kuladhipati himself or an officer nominated by him, shall give the
person or persons affected thereby a reasonable opportunity of being heard.] |
|
|
Disputes as to constitution of University authorities and bodies. |
|
|
|
|
|
|
1. Subs. by M.P. Act 19 of 1994. |
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
Explanaion 1[I In this section the
expression 'body' includes any committee
constituted by or under the Act.
2[11 In this Section the
expression "appointed" does not
include appointments to the salaried posts of the
University.
56. Where any authority of the University is given power by this Act, or the Statutes to
appoint committees, such committees shall, save as otherwise provided, consist of members
of the authority concerned and of such other persons, if any, as the authority, in each
case, may think fit.
57. Save as otherwise provided in this Act, all casual vacancies among the members other
than ex-officio members of any authority, committee or other body of the University shall
be filled, as soon as conveniently may be, by the person or body who nominated, appointed,
elected or co-opted the member whose place has become vacant, and the person nominated,
appointed elected or co-opted to a casual vacancy shall be a member of such authority,
committee or body for the remainder of the term for which the person whose place he fills
would have been a member.
58. No act or proceedings of any authority,
committee or body of the University shall be invalid merely by reason of :
(a) any vacancy in or defect in the
constitution thereof; or
(b) any defect in the election, nomination
or appointment of
a person acting as a member thereto; or
(c) any irregularity in its procedure not
affecting the merits
of the case.
59. (1) Every salaried officer and teacher
of the University paid by the University shall be appointed under a written contract which
shall be lodged with the University and a copy thereof furnished to the officer or teacher
concerned.
3[Provided that nothing in this sub-section shall apply in respect of persons
whose services are secured on deputation or who are appointed in the Service created under
sub-section (1) of Section 4[15-C].
5[(2) Any dispute regarding
service matters arising out of contract or otherwise between a University and any of its
salaried employees shall be adjudicated upon by the Vice-Chancellor and an appeal against |
|
|
|
Constitution of Committees. |
|
|
|
|
Filling of casual vacancies. |
|
|
|
|
Proceedings of University and bodies not invalidated by vacancies. |
|
|
|
|
Conditions of service. |
|
|
|
|
|
|
1. Renumbered by M.P. Act 23 of 1991. 2. Ins. by M.P. Act 23 of 1991.
3. Ins. by M.P. Act 19 of 1980.
4. Subs. by M.P. Act 23 of 1983.
5. Subs. by M.P. Act 23 of 1991. |
|
|
 |
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
the Vice-Chancellor's decision shall lie to the Kuladhipati, who
shall decide the dispute himself or refer it to a Tribunal constituted for the purpose
consisting of the following members, namely : (i) a Senior Vice-Chancellor of any of the University;
(ii) a Senior Secretary to the State
Government; and
(iii) a Senior Principal of the
post-graduate college of the
State;"
1(3) Omitted.
60. (1) The University shall constitute for the benefit of its officers, teachers,
clerical staff and other employees in such manner and subject to such conditions as may be
prescribed by the statutes such pension, insurance and provident fund and institute such
other benefits as it may deem fit.
(2) Where any such pension, insurance or
provident fund has been so constituted or where any such pension, insurance or provident
fund has been constituted by a college under rules which have been approved by the State
Government, the State Government may declare that the provisions of the Provident Fund
Act, 1925 (No. 19 of 1925), shall apply to such fund as if it were a Government Provident
Fund.
61. No suit, prosecution or other legal
proceedings shall lie against any officer, teacher or other employee of the University for
anything which is in good faith done or intended to be done by him under this Act, or the
Statutes or the Ordinances or the Regulations.
62. No person shall impart instruction in
the University or in any college :
(a) unless such person possesses the
qualifications laid down
by the Academic Council in that behalf; and
(b) except in such subject or subjects and
upto the standard
for which his qualifications have been approved by the
Academic Council.
63. (1) "Professor" and "Reader" mean respectively teachers appointed
by the Executive Council on the scales of pay not lower than that approved for a Professor
and a Reader by the University Grants Commission and accepted by the State Government and
where the scale of pay approved by the University Grants Commission is higher than that
approved by the State Government in this behalf then on the scale of pay as approved |
|
|
Pension and Provident Fund. |
|
|
|
Protection of acts and orders. |
|
|
|
Approval for imparting instructions. |
|
|
|
Classification of Teachers. |
|
|
|
|
|
|
|
1. Omitted by M.P. Act 23 of 1991. |
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
by the State Government. (2) "Visiting Professor" means a Professor invited by the
Executive Council for a fixed term of years or appointed by the Executive Council for a
short term stipulated in the contract.
1[(3) "A teacher other than
Professor, visiting Professor and Reader in any University Teaching Department or school
of studies shall, rank as lecturer if appointed on a scale of Pay :
(a) not lower than that approved for a
lecturer by the
University Grants Commission and accepted
by the State
Government;
(b) lower than that approved for a lecturer by the
University Grants Commission and approved by the State
Government in this behalf".
(4) "College Professor" means a teacher appointed on the scales of pay not lower
than that approved by the State Government for a Professor in a College for professional
education or in any other College imparting instructions in the subject concerned upto
post-graduate level and includes a Principal of such College who proved to the
satisfaction of the Academic Council that he engages himself in guiding research and
teaching the subject in addition to the administrative work of the office of the
Principal.
2[(5) "Reader and Lecturer in a College" shall respectively mean
persons appointed as Reader or Lecturer in an affiliated College on a scale of pay not
lower than that approved by the State Government for Reader or Lecturer in a College as
the case may be, and the expression "Lecturer" includes the person appointed
prior to the 13th day of January, 1978 as Assistant Professor".
(6) A teacher who is appointed on part-time
or honorary basis in the Faculty of Law or in any other Faculty where such appointment is
permitted by the Academic Council, shall rank as a lecturer.
64. (1) Wherever in accordance with this
Act, any person is to hold an office or to be a member of any authority by rotation
according to seniority such seniority in the absence of any provisions to the contrary in
the Act, shall be determined in accordance with the Statutes :
Provided that till the Statutes are made
the seniority in a particular cadre shall be determined by the length of continuous
service in such a cadre and where the length of continuous service of two or more persons
in the same cadre is the same, then "Seniority" shall be determined by seniority
in age. |
|
|
|
Term of office of members of authority of University. |
|
|
|
|
|
|
1. Subs. by M.P. Act 10 of 1978. 2. Subs. by M.P. Act 19 of 1980. |
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
(2) Wherever any person becomes a member of any authority by
virtue of the post or office held by him or by virtue of possessing a specified
qualification, he shall forthwith cease to be a member of such authority if he ceases to
hold such post or office or if he ceases to possess such qualification before the expiry
of the term of his membership; Provided
that he shall not be deemed to have ceased to hold his post or office merely by reason of
his proceeding on leave for period not exceeding four months.
65. (1) Any member other than an ex-offcio
member of the Court, the Executive Council, the Academic Council or any other University
Authority or Committee or Dean of a Faculty may resign by a letter addressed to the
Registrar, and resignation shall take effect as soon as the letter is received by the
Registrar.
(2) Any officer of the University, whether
salaried or otherwise, other than a Dean, may resign his office by letter addressed to the
Registrar. Such resignation shall take effect from the date on which the same is accepted
by the authority competent to fill the vacancy.
66. (1) A person shall be disqualified for
being chosen as, and for being a member of any of the authorities of the University :
(a) If he is of unsound mind;
(b) If he is deaf, mute or suffering from
any contagious
disease;
(c) If he is an undischarged insolvent;
(d) If he has been convicted by a Court of Law of an
offence involving moral turpitude and
sentenced in
respect thereof to imprisonment for not
less than six
months.
(2) If any question arises as to whether a person is or has been subject to any of the
disqualifications mentioned in sub-section (1) the question shall be referred for the
decision of the Kuladhipati and his decisions thereon shall be final and no suit or other
proceeding shall lie in any court of law against such decision.
67. (a) The Kuladhipati may, on the request of the Executive Council remove the name of
any person from the register of graduates and remove the name of any person from
membership of any authority or body of the University if :
(i) he is guilty of gross misbehaviour; or
(ii) he acts prejudicial to the interest of
the University :
Provided that the Kuladhipati shall cause a
preliminary enquiry to be made and if he is satisfied that prima facie case exists,
he shall |
|
|
Resignation of member or officer of University. |
|
|
|
Disqualifications for being member of authority. |
|
|
|
Powers to remove member from register of graduates or any authority or
body of University. |
|
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
serve on such registered graduate or a member of any authority or
body, as the case may be, a charge sheet in writing, stating the misbehaviour or the act
prejudicial to the interest of the University, as the case may be. (2) After taken into consideration the reply to the
charge-sheet, submitted to him by the registered graduate or member of the authority or
body of the University, as the case may be, under sub-section (1), the Kuladhipati may, if
he considers that further action is necessary, entrust the enquiry to a Tribunal
consisting of a nominee of the Kuladhipati, a nominee of the Executive Council and a
nominee of the accused registered graduate or member, as the case may be.
(3) The Tribunal shall after giving the
accused registered graduate or member, as the case may be, an opportunity of being heard
and examining such evidence as may be necessary, record its finding and forward it to the
Kuladhipati.
(4) The Kuladhipati may, after considering
the report of the Tribunal pass such final orders as he considers necessary :
Provided that no order shall be passed
unless the accused registered graduate or member, as the case may be, has been given a
reasonable opportunity to show cause as to why the proposed action should not be taken
against him.
1[(5) The provisions of
sub-section (1) to (4) shall not apply where the Kuladhipati is satisfied that in the
interest of the University it is not expedient to hold such enquiry and to issue any show
cause notice or to give an opportunity of being heard to any member nominated by him
before the removal of such member.]
68. If any difficulty arises as to first
constitution or reconstitution of any authority of the University after the commencement
of this Act, or otherwise in giving effect to the provisions of this Act, the State
Government, as occasion may require, may by order do anything which appears to it
necessary for the purpose of removing the difficulty.
2[69. In its application to the
University established after the 1st day of January, 1983 or to be established at any time
thereafter the provisions of this Act shall be subject to the modification specified in
the Fourth Schedule:
Provided that the persons elected under
clause (iii) of sub-section (1) of section 23, before the commencement of the Madhya
Pradesh Vishwavidyalaya (Sanshodhan) Adhiniyam 1988 shall continue to hold their office as
members of the Executive Council till the expiry of their term of office notwithstanding
the modification specified in the said Schedule."
---------- |
|
|
|
Removal of difficulties. |
|
|
|
|
Modification of this Act in its application to the University established
after 1st January, 1983 or to be established at any time thereafter. |
|
|
|
|
|
|
1. Ins. by M.P. 6 of 1997. 2. Ins. by M.P. Act 30 of 1988. |
|
|
 |
 |
 |
 |
|
|
|
|
|
|
THE FIRST SCHEDULE [See section 2 (i)]
Enactments Repealed
1. The University of Saugar Act, 1946 (No.
16 of 1946).
2. The Madhya Bharat Vikram University Act,
1955 (No. 18 of 1955).
3. The Jabalpur University Act, 1956 (No.
22 of 1956).
4. The Ravishankar University Act, 1963
(No. 13 of 1963).
5. The Indore University Act, 1963 (No. 14
of 1963).
6. The Jiwaji University Act, 1963 (No. 15
of 1963).
7. The Awadesh Pratap Singh Vishwavidyalaya
Adhiniyam, 1968 (No.
22 of 1968).
8. The Bhopal Vishwavidyalaya Adhiniyam,
1970 (No. 28 of 1970).
THE SECOND SCHEDULE
[See section 2 (ii)]
1[Part - I
S. Name of the Head Territorial
No. University quarters Jurisdiction
(1) (2) (3) (4)
Area Comprised within the limits of the
revenue districts.
2[1. Doctor Harisingh Gour Sagar
Sagar, Tikamgarh,
Vishwavidyalaya, Chhatarpur, Panna, Sagar
Chhindwara and Damoh.
2. Vikram Vishwa- Ujjain Ujjain, Ratlam,
vidyalaya, Ujjain Mandsaur, Shajapur
Dewas.
2[3. Rani Durgawati Jabalpur
Jabalpur, Mandla, Seoni,
Vishwavidyalaya, Balaghat and Narsinghpur.
Jabalpur
4. Pt. Ravishankar Shukla Raipur Raipur,
Durg, Rajnandgaon Vishwavidyalaya, Raipur and Bastar.
2[5. Devi Ahilya Indore Indore,
Jhabua, Dhar,
Vishwavidyalaya, Indore Khargone (West
Nimar) and
Khandwa (East Nimar).
6. Jiwaji Vishwavidyalaya, Gwalior Gwalior,
Bhind, Morena, Gwalior Shivpuri, Guna and Datia.
|
|
|
|
|
|
|
1. Renumbered by M.P. Act 23 of 1983 and Subs. by M.P. Act 28 of 1995. 2. Nam Parivartan Act 10 of 1983 |
|
|
 |
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
7. Awadhesh Pratap Singh Rewa Rewa, Satna, Sidhi and Vishwavidyalaya, Rewa Shahdol.
8. Barkatullah Vishwa- Bhopal Bhopal,
Sehore, Raisen, vidyalaya, Bhopal Vidisha, Hoshangabad,
Rajgarh and Betul.]
1[Construction of references
to Ravishankar University - All notifications, orders, rules, byelaws, statutes,
Ordinances, regulations, certificates, degrees, diplomas or any other document whatsoever
issued, made or prescribed under any enactment which immediately before the commencement
of the Madhya Pradesh Vishwavidyalaya [Sanshodhan] Adhiniyam, 1992 were in force or
otherwise shall be construed as if references therein to the Ravishankar University were
references to the Pandit Ravishankar Shukla University.]
2[Part - II
[See section 4 (xvii)]
Name of the University Headquarters
Territorial Jurisdiction
(1) (2) (3)
Guru Ghasidas Bilaspur Area Comprised
within the Vishwavidyalaya limits of the revenue districts of
Bilaspur, Raigarh and Surguja.
THE THIRD SCHEDULE
[See section 52]
1. Section 13 and 14 - For section
13 and 14 substitute :
"14. Kulpati shall be appointed by the
Kuladhipati in
consultation with the State Government and
may be
removed by the Kuladhipati in the like
manner".
2. Section 20, 21, 22 and 23 - For sections 20, 21, 22 and 23
subtitute :
"20. (1) The Court shall consist of
the following :
(i) the Kuladhipati,
(ii) the Kulpati,
2[(ii-a) the Rector. |
|
|
|
The Kulpati. |
|
|
|
|
Constitution of Court. |
|
|
|
|
|
|
|
1. M.P. Act 5 of 1992. 2. Ins. by M.P. Act 23 of 1983. |
|
|
 |
 |
 |
 |
 |
|
|
|
|
|
|
(iii) the Mayor of the Municipal Corporation, or the President of the Municipal Council
as the case may be, at the headquarters of
the University.
(iv) the Secretary to the Government of
Madhya Pradesh, 1[Higher] Education
Department.
(v) the Commissioner of the Division in which
the headquarters of the University is
situate,
(vi) the Collector of the District in which the
headquarters of the University situate,
(vii) the Chairman, Board of Secondary
Education, Madhya Pradesh,
(viii) Ten members including not more than
three
representatives of students to be nominated
by the Kuladhipati,
(ix) Two members to be nominated by the State
Government,
(x) Three representatives of the
Legislative
Assembly to be elected by the Legislative
Assembly from amongst its members and
pending such election to be nominated by
the Speaker.
(2) The term of all members of the Court other than
representatives of students under clause (viii) of
sub-section (1) shall be co-extensive with
the
period of operation of the notification issued under
section 52 and the term of the representatives of
students shall be one year from the date of their
nomination or till the expiration of the period of
operation of the notification whichever is earlier.
Explanation : For the purpose of clause (viii) of sub-section (1)
the expression student shall have the meaning
assigned to that expression in sub-section
(2) of
section 28. |
|
|
|
|
|
|
1. Ins. by M.P. Act 19 of 1994. |
|
|
 |
 |
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
21. (1) The Court shall, on a date fixed by the Kulpati, meet once a year at a meeting of the Court;
(2) The Kulpati may, whenever he thinks
fit, and shall upon
a requisition in writing signed by not less than one-third
of the members of the Court convene a
special meeting
of the Court as early as possible.
(3) Ten members of the Court shall form a quorum.
22. The Court shall be an advisory body and shall :
(a) advise the State Government in respect
of such matters
as may be reffered to it for advise;
(b) advise any authority or body of the
University in
respect of such matters as may be reffered to it by such
authority or body;
(c) to confer degrees, diplomas and other academic
distinctions on the recommendation of the Executive
Council;
(d) perform such other duties and exercise such other
powers as may be assigned to it by or under this Act or
the Statutes and Ordinances made thereunder
or by the
State Government.
23. (1) Subject to the Control of the State Government, the
Executive Council shall be the executive body of the
University and shall notwithstanding
anything contained
in this Act, consist only of the following persons, namely;
(i) the Kulpati,
1[(i-a) the Rector;
(ii) six members to be nominated by the
Kuladhipati from among eminent public men and educationists.
(2) The term of all members of the
Executive Council shall
be co-extensive with the period of
operation of the
notification issued under section 52.
(3) Four members of the Executive Council shall form a
quorum". |
|
Meeting of Court. |
|
|
|
|
Functions of Court. |
|
|
|
|
Executive Council. |
|
|
|
|
|
|
|
1. Ins. by M.P. Act 23 of 1983. |
|
|
 |
 |
 |
 |
|
|
|
|
|
|
3. Section 24 - Renumber section 24 as sub-section (1)
thereof and after sub-section (1) as so renumbered, insert : "(2) The Executive Council shall, in the exercise of the
powers and the performance of duties under
sub-section (1), be subject to the control
of the State
Government.
(3) Nothwithstanding anything contained in this Act the
annual accounts and the financial estimates shall be
considered by the State Government who may
communicate its views to the Executive Council which
shall take them into consideration and take such action
thereon as it thinks fit and inform the State Government
when no action is taken, of its reasons thereof".
4. Section 25 - For section 25, substitute :
"25. (1) The Academic Council shall be the academic body of
the University consisting of the following
members,
namely :
(i) the Kulpati,
1[(i-a) the Rector,
2[(ii) Commissioner Higher
Education, Madhya Pradesh,
(iii) the Chairman, Board of Secondary
Education, M.P.
(iv) two members to be nominated by the
Kuladhipati,
(v) ten Principals of the Colleges to be
nominated by the
Kuladhipati,
(vi) Heads of University Teaching
Departments,
(vii) five teachers other than those mentioned in (iv) and (v)
above to be nominated by the Kuladhipati.
(2) The term of the nominated members of
the Academic
Council shall be co-extensive with the period of
operation of the notification issued under
section 52.
(3) Ten members of the Academic Council shall form a
quorum". |
|
|
Academic Council. |
|
|
|
|
|
|
|
1. Ins. by M.P. Act 23 of 1983. 2. Subs. by M.P. Act 19 of 1994. |
|
|
 |
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
5. Section 40 - In section, 40 for sub-section (3),
substitute : "(3) Subject to
the control of the State Government, the
Executive Council may modify or annul any
regulation
made under this section by an authority or
body".
6. Section 47 - For section 47, substitute :
"47. The annual report of the University shall be prepared
under the direction of the Executive
Council and shall
be submitted to the State Government on or
before such
date as may be prescribed by Statutes."
7. Section 48 - In section 48, for sub-section (2), substitute :
"(2) The accounts when audited, shall be published in the Gazette
and copy of the accounts together with the
audit report shall be
submitted by the Executive Council to the 1[Commissioner,
Higher Education] and the State Government".
8. Section 54 - sub-section (1) of section 54 after the second proviso, insert :
"Provided also that if in respect of any University notification
has been issued under section 52, then
during the period of
operation of such notification the student
representatives on
the Court of such University during such period of operation
shall be the members of the Committee".
9. Section 67 - For section 67, substitute :
"67. The Kuladhipati may, in consultation with the State
Government remove any person from the
membership
of any authority or other body of the
University if such
person is guilty of a serious offence involving moral
turpitude, or if he has been guilty of scandalous conduct
and for the same reasons withdraw any degree or
diploma conferred or granted to any person by the
University :
Provided that no action shall be taken under this
section against any person except after giving him a
reasonable opportunity of being heard with
regard to
the proposed action." |
|
|
|
Annual Report. |
|
|
|
|
Removal from membership of the University. |
|
|
|
|
|
|
|
1. Subs. by M.P. Act 19 of 1994. |
|
|
 |
 |
 |
 |
 |
 |
|
|
|
|
|
|
1[THE FOURTH SCHEDULE (See section 69)
In section 23 :
(i) In sub-section (1) :
(a) Clause (iii) shall be omitted;
(b) the existing proviso shall be omitted;
and
(ii) "Proviso to sub-section (2) shall
be omitted."
8. All notifications, orders, rules,
bye-laws, statutes, Ordinances, regulations, certificates, degrees, diplomas or any other
document whatsoever issued, made or prescribed under any enactment which immediately
before the commencement of the Madhya Pradesh Vishwavidyalaya (Sanshodhan) Adhiniyam, 1988
were in force otherwise shall be construed as if references therein to the Bhopal
University were references to the Barkatullah University.
-------- |
|
|
Amendment of section 23. |
|
|
|
Construction of references to Bhopal University. |
|
|
|
|
|
|
1. Ins. by M.P. Act 30 of 1988. |
|
|
|