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ATAL BIHARI VAJPAYEE HINDI VISHWAVIDYALAYA ADHINIYAM, 2011

ATAL BIHARI VAJPAYEE HINDI VISHWAVIDYALAYA ADHINIYAM, 2011

ATAL BIHARI VAJPAYEE HINDI VISHWAVIDYALAYA ADHINIYAM, 2011

[Act No. 34 of 2011]

[19th December, 2011]

PREAMBLE

An Act to provide for establishment and incorporation of the Hindi University in the State of Madhya Pradesh for development of Hindi language and for advancement and dissemination of knowledge in Hindi medium and for matters connected therewith or incidental thereto.

Be it enacted by the Madhya Pradesh Legislature in the sixty-second year of the Republic of Inida as follows:

Section 1 - Short title, extent and commencement

(1)     This Act may be called the Atal Bihari Vajpayee Hindi Vishwavidyalaya Adhiniyam, 2011.

(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.

Section 2 - Definitions

In this Act, unless the context otherwise requires,--

(a)      "Academic Council" means the Academic Council of the University;

 

(b)      "Chancellor" means the Chancellor of the University;

 

(c)      "Executive Council" means the Executive council of the University;

 

(d)      "General Council" means the General Council of the University;

 

(e)      "Pro-Vice-Chancellor" means the Pro-Vice-Chancellor of the University;

 

(f)       "Registrar" means the Registrar of the University;

 

(g)      "Statutes", "Ordinances" and "regulations" means the Statutes, Ordinances and regulations of the University for the time being in force;

 

(h)     "University" means the Atal Bihari Vajpayee Hindi University established under section 3;

 

(i)       "University Grants Commission" means the University Grants commission established under section 4 of the University Grants commission Act, 1956 (No. 3 of 1956);

 

(j)       "Vice-Chancellor" means the Vice Chancellor of the University.

Section 3 - Establishment and incorporation of University

(1)     There shall be established in the State of Madhya Pradesh an University by the name of the Atal Bihari Vajpayee Hindi University.

 

(2)     The head quarters of the University shall be at Bhopal.

 

(3)     The University shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire and hold property both movable and immovable, to transfer any property held by it and to contract and to do all other things necessary for the purposes of its constitution and shall sue and be sued by the said name.

 

(4)     In all suits and proceedings by or against the University, the pleadings shall be signed and verified by the Registrar or a representative appointed by him or by any person nominated by him for this purpose and all process in such suits and proceedings shall be issued to and served on the Registrar.

Section 4 - Objectives of the University

The main objective of the University is to have Hindi language as a medium of instruction for the teaching, training, advancement, dissemination of knowledge and for research of high level in Science, Literature, Arts and other disciplines, Keeping the generality of the above objectives unaffected the objectives of the University are as follows:

(i)       to promote, compile and protect study and research of Science, Literature, Culture, Arts, Philosophy and other disciplines;

 

(ii)      to promote and disseminate education and knowledge in Hindi language and to fulfill this purpose, conduct translation from other languages, publications, use of audiovisual aids and distance education, use of Information Technology and employment skills;

 

(iii)     to organize lectures, seminars, symposia, conferences to promote the knowledge of Hindi language;

 

(iv)    to promote teaching and training in various disciplines which the University deems fit and to make arrangement to advance research work;

 

(v)      to encourage the study of and research in all religions and main ancient civilizations and cultures;

 

(vi)    to conduct examination and confer honorary degrees and other distinctions;

 

(vii)   to do all such things as are incidental, necessary or conducive to the attainment of all or any of the objectives of the University.

Section 5 - Jurisdiction

The jurisdiction of the University shall extend to the whole of the State of Madhya Pradesh:

Provided that the State Government may permit the University 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.

Section 6 - Prohibition of discrimination in all matters connected with University

The University shall not discriminate against any citizen of India on grounds of religion, race, caste, creed, sex, place of birth, political or other opinion or any of them in the exercise of powers or performance of functions conferred or imposed upon it by or under this Act.

Section 7 - Powers and functions of University

The powers and functions of the University shall be:--

(i)       to administer and manage the University and centers and institutions established under University for research, education, instruction as are necessary for the furtherance of the objectives of the University;

 

(ii)      to manage construction and study of new innovative courses and effective methods of teaching and study;

 

(iii)     to provide for instruction in branches of knowledge or learning pertaining to Hindi and Hindi language, as the university may deem fit, and to make provision for research and for the development and dissemination of knowledge of Hindi;

 

(iv)    to sponsor and undertake research work in all aspects of social development;

 

(v)      to prescribe qualifications and to regulate the admission of students to the University for a course of study for a degree, diploma or certificate;

 

(vi)    to organize and undertake extramural teaching and extension services;

 

(vii)   to hold examinations and to grant diplomas or certificates, and to confer degrees and other academic distinctions on persons subject to such conditions as the University may determine and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;

 

(viii)  to confer honorary degrees or other distinctions in the manner laid down in the Statutes;

 

(ix)    to fix, demand and receive fees and other charges;

 

(x)      to institute and maintain halls and hostels and to recognise places of residence for the students of the University and to withdraw such recognition accorded to any such place of residence;

 

(xi)    to institute professorships, associate professorships, assistant professorships, readerships and lectureships, and any other teaching, academic or research posts required by the University and to make appointments thereto;

 

(xii)   to create technical, administrative, ministerial and other posts and to make appointments thereto;

 

(xiii)  to regulate and enforce discipline among the students and employees of the University and to take such disciplinary measures as may be deemed necessary;

 

(xiv)  to institute and award fellowships, scholarships, prizes and medals;

 

(xv)   to give up and cease from carrying on any classes or departments of the University;

 

(xvi)  to co-operate with any other organization in the matter of education, training and research in Hindi and allied subjects for such purposes as may be agreed upon on such terms and conditions as the University may from time to time determine;

 

(xvii) to regulate the expenditure and to manage the accounts of the University;

 

(xviii)   to receive grants, subventions, subscriptions, donations and gifts for the purpose of the University and consistent with the objects for which the University is established;

 

(xix)  to purchase, take on lease or accept as gifts or otherwise any land or building or works, which may be necessary or convenient for the purpose of the University on such terms and conditions as it may deem fit and proper and to construct or alter and maintain any such buildings or works;

 

(xx)   to sell, exchange, lease or otherwise dispose of all or any portion of the properties of the University, movable or immovable, on such terms as it may deem fit and proper without prejudice to the interest and activities of the University;

 

(xxi)  to draw and accept, to make and endorse, to discount and negotiate promissory notes, bills of exchange, cheques or other negotiable instruments;

 

(xxii) to execute conveyances transfers, reconveyance, mortgages, leases, and agreements in respect of movable or immovable property including Government securities belonging to the University or to be required for the purpose of the University;

 

(xxiii)   to appoint any such person as it may deem fit, to execute an instrument or transact any business or discharge the functions, of the University under above clauses (xviii), (xix), (xx) and (xxi);

 

(xxiv)   to enter into any agreement with Central Government, State Government, the University Grants commission or other authorities for receiving grants;

 

(xxv)to raise and borrow money on bonds, mortgage, promissory notes or other obligations or securities founded or based upon all or any of the properties and assets of the University or without any securities upon such terms and conditions as it may deem fit and to pay out of the funds of the University all expenses incidental, to the raising of money and to repay and redeem any money borrowed;

 

(xxvi)   to invest the funds of the University or fund entrusted to the University in or upon such securities and in such manner as it may deem fit and from time to time transpose any investment;

 

(xxvii)  to make such regulations as may, from time to time, be considered necessary for regulating the affairs and the management of the University and to alter, modify and rescind, them;

 

(xxviii) to constitute for the benefit of the academic, technical, administrative and other staff, in such manner and subject to such conditions as may be prescribed by the Statutes, such pension, insurance and gratuity as it may deem fit and to make such grants as it may think fit for the benefit of any employees of the University and to aid in establishment and support of the associations, institutions, funds, trusts and conveyance calculated to benefit the staff and the students of the University; and

 

(xxix)   to do all such other acts and things as the University may consider necessary, conducive or incidental to the attainment or enlargement of all or any of its objectives.

Section 8 - Teaching in University

(1)     All recognised teaching in connection with the degrees, diplomas and certificates of the University shall be conducted under the control of the General Council by the teachers of the University in accordance with the syllabus prescribed by the regulations.

(2)     The courses and curricula and the authorities responsible for organising such teaching shall be as prescribed by the regulations.

Explanation.--In sub-section (1), "teacher" means professors, associate professors, assistant professors, readers and such other persons appointed with the approval of the Academic Council as well as the Executive Council, for imparting education and conducting research in the college or institution run by the University.

Section 9 - Chancellor of University

(1)     The Governor of Madhya Pradesh shall be the Chancellor of the University.

 

(2)     the Chancellor shall have the right to cause inspection to be made, by such person or persons as he may direct, of the University, its buildings, libraries and equipments and of may department maintained by the University, and also of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made, in like manner in respect of any matter connected with the administration and finances of the University.

 

(3)     The Chancellor shall in every case give notice to the University of his intention to cause an inspection or inquiry to be made and the University shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry.

 

(4)     The Chancellor may address the Vice-Chancellor with reference to the result of such inspection or inquiry and the Vice-Chancellor shall communicate to the Executive Council the views of the Chancellor along with such advice as the Chancellor may have offered on the action to be taken thereon:

Provided that where an inspection or inquiry is caused on a request from the State Government, the State Government may know about the action taken by the Chancellor and Chancellor shall take action under this sub-section in consultation with the State Government.

(5)     The Executive Council shall communicate through the Vice-Chancellor to the Chancellor such action, if any, as it proposes to take or has been taken on the result of such inspection or inquiry.

(6)     Where the Executive Council or the management does not, within a reasonable time, take action to satisfaction of the Chancellor, the Chancellor 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.

Section 10 - Authorities of University

The following shall be the authorities of the University:--

(i)       the General Council;

 

(ii)      the Executive-Council;

 

(iii)     the Academic Council;

 

(iv)    the Finance Committee; and

 

(v)      such other authorities as may be prescribed by the regulations.

Section 11 - General Council

There shall be a General Council of the University which shall consist of the following members, namely:--

I.         Ex-officio Members:

(i)       the Chief Minister of Madhya Pradesh;

 

(ii)      the Minister-in-charge of Higher Education, Government of Madhya Pradesh;

 

(iii)     the Minister-in-charge of Finance, Government of Madhya Pradesh;

 

(iv)    the Vice-Chancellor of the University;

 

(v)      the Principal Secretary/Secretary of Higher Education Department, Government of Madhya Pradesh;

 

(vi)    the Principal Secretary/Secretary of Finance Department, Government of Madhya Pradesh;

 

(vii)   the Commissioner, Higher Education, Madhya Pradesh;

 

(viii)  the Vice-Chancellors of other Universities of Madhya Pradesh (other than private universities);

II.       Nominated Members:

(i)       Six members nominated by the State Government, having outstanding contribution in the field of education, culture, arts, social work, industry, agriculture or others amongst whom one each shall be a person belonging to Other Backward Classes and Scheduled Castes;

 

(ii)      Two renowned educationists, nominated by the Chancellor, amongst whom one shall be a woman;

 

(iii)     One nominee of Chancellor honoured at National or State level in the field of language or literature;

 

(iv)    6 members, nominated by the State Government from Teachers/Professors of the Colleges/Universities of Madhya Pradesh, amongst whom one person shall be from Scheduled Tribes.

Section 12 - Chairman, Vice-Chairman and Secretary of General Council

(1)     The Chief Minister of Madhya Pradesh shall be the Chairman of the General Council.

 

(2)     The Minister-in-charge of Higher Education shall be the Vice-Chairman of the General Council.

 

(3)     The Vice-Chancellor of the University shall be the Secretary of the General Council.

Section 13 - Term of office of members of General Council

(1)     Subject to the provisions of sub-section (2) and (3) the term of office of the members of the General Council shall be four years.

 

(2)     Where a member of the General Council becomes such member by reason of the office or appointment he hold, or is a nominated member, his membership shall terminate when he ceases to hold such office or appointment or, as the case may be, his nomination is withdrawn or cancelled.

 

(3)     A member of the General Council shall cease to be a member, if he resigns or becomes of unsound mind or, becomes insolvent or is convicted of a criminal offence involving moral turpitude or if a member other than the Vice-Chancellor accepts a full time appointment in the University or if he fails to attend three consecutive meetings of the General Council without the leave of the Chairman or acts against the interests of the University.

 

(4)     A member of the General Council may resign his office by a letter addressed to the Chairman and such resignation shall take effect as soon as such resignation has been accepted by him.

 

(5)     any vacancy in the General Council shall be filled either by appointment or nomination, as the case may be, of a person by the respective authority entitled to make the same and the person so appointed or nominated shall hold office so long only as the member in whose place he is appointed or nominated could hold office if the vacancy had not occurred.

Section 14 - Powers of General Council

The General Council shall have the following powers, namely:--

(i)       to exercise the powers and functions of University laid down in Section 7, except where such powers are given to some other authority or officer of the University;

 

(ii)      to review from time to time the broad policies and programmes of the University and to take measures for the improvement and development of University;

 

(iii)     to consider and pass resolutions as deemed fit on the annual report, financial estimates, annual accounts and the audit reports on such accounts;

 

(iv)    to delegate all or any of its powers to the Vice-Chancellor or any committee or any sub-committee or to any one or more of its members or any employee of the University; and

 

(v)      to perform such other functions as it may deem necessary for the efficient functioning and administration of the University.

Section 15 - Meetings of General Council

(1)     The General Council shall meet at least once in a year and at least fifteen days notice shall be given for its meetings.

 

(2)     The Chairman shall preside over the meeting and in his absence, the members present shall elect a person from amongst themselves to preside over the meeting.

 

(3)     One third of the total number of members of the General Council shall form the quorum for a meeting.

 

(4)     Each member shall have one vote and if there be equality of votes on any question to be determined by the General Council, the Chairman or the person presiding over the meeting shall, in addition, have a casting vote.

 

(5)     If urgent action by the General council becomes necessary, the Chairman may permit the business to be transacted by circulation of papers to the members of the General Council, and the action proposed to be taken shall not be taken unless agreed to by a majority of the members of the General Council and the action so taken shall be forthwith intimated to all the members of the General Council and the papers shall be placed before the next meeting of the General council for confirmation.

 

(6)     A report of the working of the University during the previous year, together with a statement of receipts and expenditure, the balance sheet duly audited, and the financial estimate shall be presented by the Vice-Chancellor to the General Council at its annual meeting.

Section 16 - Executive Council

(1)     The Executive Council shall be the Chief Executive body of the University.

(2)     The administration, management and control of the University and the income thereof shall be vested with the Executive Council which shall control and administer the property and funds of the University.

Section 17 - Chairman and members of Executive Council

(1)     The Vice-Chancellor shall be the Chairman of the Executive Council.

(2)     The Executive Council shall consist of the following members, namely:--

(i)       The Vice-Chancellor;

 

(ii)      Two members of the General Council to be nominated by the General Council;

 

(iii)     Principal Secretary/Secretary of Higher Education Department, Government of Madhya Pradesh or his nominee not below the rank of Deputy Secretary;

 

(iv)    Principal Secretary/Secretary of Finance Department, Government of Madhya Pradesh or his nominee not below the rank of Deputy Secretary;

 

(v)      Two whole time teachers of the University by rotation according to seniority-cum-merit, amongst whom one shall be from Scheduled castes;

 

(vi)    Two persons nominated by Chancellor, who have made eminent contribution in the field of education amongst whom one shall be a woman;

 

(vii)   Four persons nominated by the State Government-Two academicians and two eminent persons from any field, out of these four persons one each shall be a person belonging to Scheduled Tribes and Other Backward Classes.

Section 18 - Term of office of Executive Council

(1)     where a person has become a member of the Executive Council be reason of the office or appointment he holds, his membership shall terminate when he ceases to hold that office or appointment.

 

(2)     A member of the Executive Council shall cease to be a member if he resigns or becomes of unsound mind or becomes insolvent or is convicted of a criminal offence involving moral turpitude or if a member other than the Vice-Chancellor or a member of a faculty accepts a full time appointment in the University or if he fails to attend three consecutive meetings of the Executive Council without the leave of the Chairman of the Executive Council, or acts against the interests of the University.

 

(3)     Unless their membership of the Executive Council is previously terminated as provided in sub-section (1) or (2), members of the Executive council shall relinquish their membership on the expiry of three years from the date on which they become members of the Executive Council.

 

(4)     A member of the executive Council other than an ex-officio member may resign his office by a letter addressed to the Chairman of the Executive Council and such resignation shall take effect as soon as it is accepted by the Chairman of the Executive Council.

 

(5)     Any vacancy in the Executive Council shall be filled either by appointment or nomination, as the case may be, by the respective authority entitled to make the same and on the expiry of the period of the vacancy such appointment or nomination shall cease to be effective.

Section 19 - Powers and functions of Executive Council

Without prejudice to the provisions of Section 14, the Executive Council shall have the following powers and functions:--

(i)       to create, abolish or classify teaching posts in the University and to determinate the qualifications, emoluments and duties attached thereto after considering the recommendations of the Academic Council:

Provided that teaching post shall be created with the prior approval of the State Government;

(ii)      to appoint from time to time, the Registrar, the librarian, professors and other members of the teaching staff as may be necessary on the recommendations of the selection committee constituted by regulations for the purpose:

Provided that it shall not be necessary to constitute any selection committee for making appointment:--

(a)      to any supernumerary post; or

(b)      to the post of Professor of a high academic distinction, eminence and professional attainment;

(iii)     to create administrative, ministerial and other necessary posts, with the prior sanction of the State Government and to determine the minimum qualifications and emoluments of such posts;

(iv)    to manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the University and for that purpose to appoint such agents, as it may deem fit;

 

(v)      to transfer or accept transfer of any movable or immovable property on behalf of the University;

 

(vi)    to enter into, vary, carryout and cancel contracts on behalf of the University and for that purpose to appoint such officers as it may deem fit;

 

(vii)   to provide the buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University;

 

(viii)  to entertain, adjudicate and to redress any grievances of the officers of the University, the teachers, the students and employees who may, for any reason, feel aggrieved;

 

(ix)    to appoint examiners and moderators, and if necessary to remove them and to fix their fees, emoluments and travelling and other allowances, after consulting the Academic Council;

 

(x)      to select a common seal for the University and to provide for the custody of the seal;

 

(xi)    to delegate any of its powers except the powers to make regulations, to any officer or authority, either temporarily or permanently;

 

(xii)   to exercise such other powers and to perform such other duties as may be conferred or imposed on it by or under this Act; and

 

(xiii)  to make arrangement for appointment of teachers and other employees of University, other than Vice-Chancellor and predetermination of their service conditions and filing up of temporary vacancies.

Section 20 - Meeting of Executive Council

(1)     The Executive Council shall meet at least once in four months.

 

(2)     The Chairman of the Executive Council shall preside over a meeting of the Executive Council, and in his absence, the members present shall elect a person from amongst themselves to preside over the meeting.

 

(3)     Four members of the Executive Council, shall form the quorum at any meeting thereof.

 

(4)     Each member of the Executive Council shall have one vote and if there be equality of votes on any question to be determined by the Executive Council, the Chairman of the Executive Council, or as the case may be, the member presiding over that meeting shall, in addition, have a casting vote.

 

(5)     If urgent action by the Executive Council becomes necessary, the Vice-Chancellor may permit the business to be transacted by circulation of papers to the members of the Executive Council and the action proposed to be taken shall not be taken unless agreed to by a majority of members of the Executive Council and the action so taken shall be forthwith intimated to all the members of the Executive Council and the papers shall be placed before the next meeting of the Executive Council for confirmation.

Section 21 - Constitution of standing committees and appointment of ad-hoc committee

(1)     Subject to the provisions of this Act, and the regulations made in this behalf, the Executive Council may, by resolution, constitute such standing committees or appoint ad-hoc committees for such purposes and with such powers as the Executive Council may think fit for exercising any power or discharging any function of the University or for enquiring into, reporting or advising upon any matter relating to the University.

(2)     The Executive Council, while constituting or appointing committee, shall ensure that the proper representation of the principals, teachers and learned persons of Hindi, social workers and/or other learned persons of any subject is made:

Provided that no member, officer or employee of the University shall be nominated as a member for more than two committees.

(3)     The Executive Council may also constitute other committees or sub-committees as may be prescribed by regulations.

(4)     The Executive Council may co-opt such persons to a standing committee or an ad-hoc committee as it considers suitable and may permit them to attend the meetings of the Executive Council.

Section 22 - Academic Council

The Academic Council shall be the academic body of the University and shall, subject to the provision of this Act and the Statutes, Ordinances and regulations made thereunder, have power of control and general regulation of and be responsible for the maintenance of standards of instructions, education and examination of the University and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by this Act and the Statutes, Ordinances and regulations made thereunder, and it shall have the right to advise the Executive Council on all academic matters.

Section 23 - Membership of Academic Council

(1)     The Academic Council shall consist of the following members, namely:--

(i)       the Vice-Chancellor, who shall be the Chairman thereof;

 

(ii)      three experts nominated by Vice-Chancellor, who are working in other Universities;

 

(iii)     all the Deans and Heads of the Department of the University nominated by the Vice-Chancellor, not exceeding more than three by rotation;

 

(iv)    two professors other than the Heads of the Departments, if any; and

 

(v)      one member of the teaching staff representing associate and assistant professors of the University nominated by the Vice-Chancellor:

Provided that an employee of the University shall not be eligible for nomination under clause (ii) above.

(2)     The term of office of the members other than ex-officio members shall be three years:

Provided that the term of the first Academic Council shall be five years.

Section 24 - Powers and duties of Academic Council

Subject to the provisions of this Act and the Statutes, Ordinances and regulations made thereunder, the Academic Council shall, in addition to all other powers vested in it, have the following powers, namely:--

(i)       to report on any matter referred or delegated to it by the General Council or the Executive Council;

 

(ii)      to make recommendations to the Executive Council with regard to the creation, abolition or classification of teaching posts in the University and the qualifications, emoluments and duties attached thereto;

 

(iii)     to formulate and modify or revise schemes for organisation of the faculties and to assign to such faculties their respective subjects and also to report to the Executive Council as the expediency of the abolition or sub-division of any faculty or the combination of one faculty with another;

 

(iv)    to make arrangements through regulations for the instruction and examination of persons other than those enrolled in the University;

 

(v)      to promote research within the University and to require, from time to time, report on such research;

 

(vi)    to consider proposals submitted by the faculties;

 

(vii)   to appoint committees for admission to the University;

 

(viii)  to recognize diplomas and degrees of other Universities and institutions and to determine their equivalence in relation to the diplomas and degrees of the University;

 

(ix)    to fix, subject to any conditions accepted by the General Council, the time, mode and conditions of competitions for fellowships, scholarships and other prizes and to award the same;

 

(x)      to make recommendations to the Executive Council in regard to the appointment of examiners and if necessary their removal and the fixation of their fees, emoluments, and travelling and other expenses;

 

(xi)    to declare the result of the various examinations or to appoint committees or officers to do so, and to make recommendations regarding the conferment of grant of degrees, honors, diplomas, titles and marks of honour;

 

(xii)   to award stipends, scholarships, medals and prizes, and to make other awards in accordance with the Ordinances and such other conditions as may be attached to the awards;

 

(xiii)  to publish list of prescribed or recommended text books and to publish syllabus of the prescribed courses of study;

 

(xiv)  to prepare such forms and registers as are, from time to time, prescribed by regulations'; and

 

(xv)   to perform, in relation to academic matters, all such duties and to do all such acts as may be necessary for the proper carrying out of the provisions of this Act and the Statutes, Ordinances and regulations made thereunder.

Section 25 - Meetings of Academic Council

(1)     The Academic Council shall meet as often as may be necessary, but not less than twice during an academic year.

 

(2)     The Chairman of the Academic Council shall preside over the meeting of the Academic Council and in his absence the members present shall elect a person from amongst themselves to preside over the meeting.

 

(3)     One half of the total number of members of the Academic Council shall form the quorum for a meeting of the Academic Council.

 

(4)     Each member of the Academic Council shall have one vote and if there be an equality of votes on any question to be determined by the Academic Council, the Chairman of the Academic Council or, as the case may be, the member presiding over the meeting, shall in addition have a casting vote.

 

(5)     If urgent action by the Academic Council becomes necessary, the Vice-Chancellor may permit the business to be transacted by circulation of papers to the members of the Academic Council and the action proposed to be taken shall not be taken unless agreed to by a majority of members of the Academic Council and the action so taken shall be intimated forthwith to all the members of the Academic Council and the papers shall be placed before the next meeting of the Academic Council for confirmation.

Section 26 - Organization of Faculties

Faculties shall be constituted as prescribed under the statute.

Section 27 - Finance Committee

(1)     There shall be a Finance committee consisting of the following members, namely:--

(i)       the Vice-Chancellor;

 

(ii)      three members nominated by the Executive Council from amongst its members;

 

(iii)     an officer each of the Finance Department and the Higher Education Department (not below the rank of Deputy Secretary) Government of Madhya Pradesh, to be nominated by the State Government;

 

(2)     the Finance committee shall have the following powers, duties and functions, namely:--

(i)       to examine and scrutinize the annual budget of the University and to make recommendations on financial matters to the Executive council;

 

(ii)      to consider all proposals for new expenditure and to make recommendations to the Executive council;

 

(iii)     to consider the periodical statements of accounts and to review the finances of the University from time to time and to consider re-appropriation statements and audit reports to make recommendations to the Executive Council;

 

(iv)    to give its views and to make recommendations to the Executive Council on any financial matter affecting the University either on its own initiative or on reference from the Executive Council or the Vice-Chancellor.

(3)     The Finance committee shall meet at least once in six months and three members of the Finance Committee shall form its quorum.

(4)     The Vice-Chancellor shall preside over the meetings of the Finance Committee, and in his absence the members present shall elect a person from amongst themselves to preside over the meeting.

Section 28 - Officers of the University

The following shall be the officers of the University, namely:--

(i)       the Vice-Chancellor;

 

(ii)      the Pro Vice-Chancellor;

 

(iii)     the Heads of the Departments;

 

(iv)    the Registrar; and

 

(v)      such officers as may be prescribed by the regulations.

Section 29 - Vice-Chancellor

(1)     The Vice-Chancellor shall be appointed by the Chancellor 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 Chancellor out of those recommended by the committee are not willing to accept the appointment, the Chancellor may call for fresh recommendation from such committee:

Provided further that the first Vice-Chancellor of the University shall be appointed by the Chancellor after consultation with the State Government.

(2)     The Chancellor shall appoint a committee consisting of the following persons, namely:--

(i)       one person nominated by the Executive Council;

 

(ii)      a member nominated by the State Government;

 

(iii)     one person nominated by the Chairman of the University Grants Commission;

 

(iv)    one person nominated by the Chancellor.

The Chancellor shall appoint one of the four persons to be the Chairman of the committee.

(3)     For constituting the committee under sub-section (2), the Chancellor shall, six months before the expiry of the term of the Vice-Chancellor, 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 Chancellor's communication in this regard, the Chancellor may, further nominate anyone or both persons, as the case may be. The State Government shall make nomination within time limit.

(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 Chancellor.

 

(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 Chancellor shall constitute another committee consisting of four persons, not connected with the University or any college, one of whom shall be designated as the Chairman, and 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 constituted under sub-section (6) fails to submit the panel within the period specified therein, the Chancellor may appoint any person whom he deems fit, to be the Vice-Chancellor.

 

(8)     The terms and conditions of services of the Vice-Chancellor shall be such as may be prescribed by the Statutes.

 

(9)     The Vice-Chancellor shall hold office for a term of four years or upto the age of seventy years, whichever is earlier:

Provided that his term shall be renewable once upto a maximum period of two years but age not exceeding seventy years, by a resolution to that effect by the General Council and upon the expiry of his term, he shall continue in office until his successor is appointed and enters upon his office.

(10)   The Vice-Chancellor shall,--

(i)       ensure that the provisions of this Act and the Statutes, Ordinances and regulations made thereunder are duly observed;

(ii)      have all powers relating to the proper maintenance of discipline in the University.

(11)   If, in the opinion of the Vice-Chancellor, any emergency has arisen, which requires that immediate action be taken, he shall take such action as he deems necessary and shall report the same for confirmation in the next meeting of the Executive Council which in the ordinary course would have dealt with the matter.

(12)   The Vice-Chancellor shall be the principal executive and academic officer of the University and Ex-officio chairman of the Academic Council and he shall, in the absence of the Chancellor, preside over the convocation of the University and confer degrees on persons entitled to receive them.

 

(13)   The Vice-Chancellor shall exercise general control over the affairs of the University and shall be responsible for the due maintenance of the discipline in the University.

 

(14)   The Vice-Chancellor may take any action in any emergency which in his opinion calls for immediate action and he shall in such a case and as soon as may be thereafter report his action to the authority which will ordinarily have dealt with the matter.

 

(15)   The Vice-Chancellor shall be responsible for the proper administration of the University and for a close co-ordination and integration of teaching, research and extension education.

 

(16)   If at any time upon representation made or otherwise and after making such enquiries as may be deemed necessary, it appears to the Chancellor that the Vice-Chancellor:--

(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 Chancellor may, notwithstanding the fact that the terms of office of the Vice-Chancellor has not expired by an order in writing stating the reasons therein require the Vice-Chancellor to relinquish his office as from such date as may he specified in the order.

(17)   No order under sub-section (16) shall be passed unless the particulars of the grounds on which such action is proposed to be taken are communicated to the Vice-Chancellor and he is given a reasonable opportunity of showing cause against the proposed order.

(18)   As from the date specified in the order under sub-section (16), the Vice-Chancellor shall be deemed to have relinquished the office and the office of the Vice-Chancellor shall fall vacant.

 

(19)   In the event of the occurrence of any vacancy including a temporary vacancy in the office of the Vice-Chancellor by any reasons, the Pro-Vice-Chancellor and if the Pro-Vice-Chancellor is not available, the Dean of any faculty nominated by the Chancellor for that purpose shall act as the Vice-Chancellor until the date on which a new Vice-Chancellor appointed under sub-section (1) or sub-section (7) to fill such vacancy enters upon his office:

Provided that the arrangement contemplated in this Section shall not continue for a period of more than six months.

Section 30 - Pro-Vice-Chancellor

The Vice-Chancellor shall nominate one of the Dean as Pro-Vice-Chancellor and he shall hold office during the pleasure of the Vice-Chancellor and shall perform such function as may be assigned to him by the Vice-Chancellor.

Section 31 - Heads of Departments

(1)     there shall be a Head of the Department for each of the departments in the University.

(2)     The powers, functions, appointments and the conditions of service of the Heads of the Departments shall be as prescribed by the Statutes.

Section 32 - Registrar

(1)     The Registrar shall be a whole time officer of the University and will be appointed by the State Government, or will be appointed on the deputation. The terms and conditions of service of the Registrar shall be such as may be prescribed by the Statutes.

 

(2)     The Registrar shall be the ex-officio Secretary of the Executive Council, Academic Council, Finance Committee and the faculties, but shall not be deemed to be a member of any of these authorities.

 

(3)     The Registrar shall,--

(i)       comply with all directions and orders of the Executive Council and the Vice-Chancellor;

 

(ii)      be the custodian of the records, common seal, and such other property of the University as the Executive council shall commit to his charge;

 

(iii)     call a meeting of the Executive Council forthwith in an emergency, when neither the Vice-Chancellor nor the officer duly authorised is able to act and to take its discretion for carrying on the work of the University;

 

(iv)    be directly responsible to the Vice-Chancellor for the proper discharge of his duties and functions;

 

(v)      represent the University in suits or proceeding by the university, sign powers of attorney and verify the pleadings or depute representatives for the purpose;

 

(vi)    perform such other duties as may be assigned from time to time by the Executive Council or the Vice-Chancellor; and

 

(vii)   be responsible for maintaining the permanent record of the academic performance of students of the University including the courses taken, grades obtained, degree awarded, prizes or other distinctions won, and any other items pertinent to the academic performance of the students.

(4)     In the event of the post of the Registrar remaining vacant for any reason, the Vice-Chancellor may authorise any officer in the service of the University to exercise such powers, functions and duties of the Registrar as the Vice-Chancellor deems fit.

Section 33 - Selection Committee

(1)     The Executive Council shall constitute Selection Committee for making recommendations to the Executive Council for appointment to posts of professors, associate professors and other teachers in the University.

(2)     The Selection Committee shall consist of the following members:--

(i)       the Vice-Chancellor, who shall be the Chairman of the Committee;

(ii)      two subject experts nominated by the chancellor from a panel submitted by the Academic Council of three experts in the subject, not connected with the University in any manner whatsoever:

Provided that atleast one of the two experts shall be nominated from category of Scheduled Castes, 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;

(iii)     three members nominated by the State Government.

(3)     The meeting of the Selection Committee shall be convened by the Vice-Chancellor as and when necessary and three members shall constitute its quorum.

(4)     On the recommendation of the Executive Council, the Vice-Chancellor shall have power to appoint reputed scholars and subject experts in the University on special service conditions so as to attract them for teaching.

(5)     To achieve the objective of the University, the State Government may employ its teachers on deputation for a fixed tenure following a prescribed procedure.

Section 34 - Statutes

Subject to the provisions of this Act and the Ordinances and regulations 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 Vice-Chancellor and his powers and duties;

 

(d)      the term of office, conditions of service and emoluments of the Pro-Vice-Chancellor and his powers and duties;

 

(e)      powers and duties of the Registrar, and other officers and employees of the University and the conditions of their service;

 

(f)       the constitution of a pension 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;

 

(g)      the holding of convocation to confer degrees;

 

(h)     conferment of honorary degrees;

 

(i)       the withdrawal of degrees, diplomas, certificates and other academic distinctions;

 

(j)       the establishment and abolition of faculties, halls, colleges, teaching departments, schools of studies and institutions maintained by the University;

 

(k)      the conditions under which colleges and other institution may be omitted to the privileges of the University;

 

(l)       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;

 

(m)    qualifications of Professors, Readers, Lecturers and other teachers in affiliated colleges and recognized institutions;

 

(n)     the administration of endowments, and the institutions of fellowships, scholarships, studentships, exhibitions, bursaries, medals, prizes and other awards;

 

(o)      the emoluments and terms and conditions of service of the officers and the emoluments and scales of teachers of the University paid by the University;

 

(p)      the mode of determining seniority of Officers and employees of the University;

 

(q)      the maintenance of a register of registered graduates;

 

(r)      establishment and constitution of Bureau for publications and translation in Hindi; and

 

(s)      all other matters which by this Act are to be provided for by Statutes.

Section 35 - Statutes how made

(1)     The First Statutes of the University shall be prepared by the Executive Council.

(2)     The General Council may, from time to time make, amend or repeal any statutes.

Section 36 - Ordinance

Subject to the provisions of this Act and the Statutes and regulations made thereunder, the Ordinances may provide for all or any of the following matters, namely:-

(a)      the admission of students to centres, teaching departments, schools' of studies and laboratories and levy of fees and their enrolment:--

 

(b)      the degrees, diplomas, certificates and other academic distinctions to be awarded by the University and the qualifications of the same;

 

(c)      the examinations leading to the degrees, diplomas and certificates of the University;

 

(d)      the fees to be charged for courses of study in the University and for admission to the examination, degrees and diplomas of the University;

 

(e)      laying down conditions for appearing at examinations for degrees, diplomas, certificates and other academic distinction;

 

(f)       conduct of examinations;

 

(g)      the condition of the award of fellowships, scholarship, studentships, exhibitions, medals, prizes etc;

 

(h)     the maintenance of discipline amongst the students of the University;

 

(i)       the conditions of residence of the students of teaching departments, colleges, schools of studies and the levy of fees for residence in halls;

 

(j)       the recognition and inspection of halls;

 

(k)      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;

 

(l)       giving of moral instructions;

 

(m)    the management of colleges and other institutions founded or maintained by the University;

 

(n)     the supervision and inspection of colleges and other institutions admitted to the privileges of the University;

 

(o)      the duties, qualifications and conditions of appointment including pay scales of teachers of the University paid by the University;

 

(p)      the duties and powers of the Boards and committees to be appointed by the University jointly with any other University or body;

 

(q)      the rules to be observed and enforced by affiliated colleges and recognized institutions in respect of transfer of students;

 

(r)      the register of students to be kept by affiliated colleges and recognised institutions;

 

(s)      the mode of execution of contracts or agreements by or on behalf of the University;

 

(t)       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;

 

(u)     constitution of students' union and its mode; and

 

(v)      all other matters which by this Act are also to be or may be provided for by the Ordinances:

Provided that an Ordinance under item (o) shall be subject to the payment of the salaries to the teachers of the University paid by the University in accordance with scales fixed by the Executive Council by Ordinance with the prior approval of the State Government.

Section 37 - Ordinances how made

(1)     All Ordinances except the first Ordinance shall be made by the Executive Council.

(2)     An Ordinance made by the Executive Council shall come into force from the date on which it is approved by the General Council.

Section 38 - Regulations

(1)     Subject to the provisions of this Act, the Executive Council shall have, in addition to all the other powers vested in it, the power to frame regulations to provide for the administration and management of the affairs of the University:

Provided; that the Executive Council shall not make any regulation affecting the status, powers or constitution of any authority of the University until, such authority has been given an opportunity of expressing the opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Executive Council:

Provided further that except with the prior concurrence of the Academic Council, the Executive Council shall not make, amend or repeal any regulation affecting any or all of the following matters, namely:--

(i)       the constitution, powers and duties of the Academic Council;

 

(ii)      the authorities responsible for organising teaching in connection with the University courses and related academic programmes;

 

(iii)     the establishment and abolition of faculties, departments, halls and institutions;

 

(iv)    conditions and modes of appointment of examiners, and conduct and standard of examinations or any other course of study;

 

(v)      mode of enrollment and admission of students;

 

(vi)    examinations to be recognised as equivalent to conduct and standard of examinations of the University.

(2)     The Academic Council shall have the power to propose regulations on all the matters specified in clauses (i) to (vi) of sub-section (1) and matters connected therewith or incidental thereto.

(3)     Where the Executive Council has rejected the draft of a regulation proposed by the Academic Council, the Academic Council may appeal to the Chancellor and the Chancellor may, by order, direct that the proposed regulation may be laid before the next meeting of the General Council for its approval and pending such approval of the General Council it shall have effect from such date as may be specified in that order:

Provided that if the regulation is not approved by the General council at such meeting, It shall cease to have effect.

(4)     All regulations made by the Executive Council shall be placed before the General Council at its next meeting, and the General Council shall have the power to amend or cancel any regulation made by the Executive Council:

Provided that the regulations so far as they relate to the gratuity and pension as enumerated in section 40, shall come into force only after approval by the General Council.

Section 39 - Appointment of Review Commission

(1)     The Chancellor at least once in every five years constitute a commission to review the working of the University and to make recommendations.

 

(2)     The Commission shall consist of not less than three eminent educationists one of whom shall be the Chairman of such Commission appointed by the Chancellor in consultation with the State Government.

 

(3)     The terms and conditions of the appointment of the members shall be such as the Chancellor may determine.

 

(4)     The Commission shall, after holding such enquiry as it deems fit, make its recommendation to the Chancellor.

 

(5)     The Chancellor may take such action on the recommendation as he deems fit.

Section 40 - Gratuity and pension

All the permanent employees of the University shall be entitled to the benefit of the gratuity and pension in accordance with such Statutes as may be framed in that behalf. The State Government will not have any responsibility of payment of pension and gratuity of the teachers, officers, employees appointed by the university.

Section 41 - Fund of the University

(1)     There shall be for the University, a University Fund which shall include--

(i)       any contribution or grant made by the State Government;

 

(ii)      any contribution or grant made by the University Grants Commission or the Central Government;

 

(iii)     any bequests, donations, endowments or other grants made by private individuals or institutions;

 

(iv)    income received by the University from fees and charges; and

 

(v)      amounts received from any other source.

(2)     The amount in the said Fund shall be kept in a scheduled bank as defined in the Reserve Bank of India Act, 1934 (No. 2 of 1934) or may be invested in such securities authorised by the Indian Trusts Act, 1882 (No. 2 of 1882) as may be decided by the Executive Council.

(3)     The said Fund may be utilized for such purpose of the University and in such manner as may be prescribed by regulations.

Section 42 - Annual accounts and audit

(1)     The annual accounts of the University shall be prepared under the directions of the Executive Council.

(2)     The accounts of the University shall, at least once in a year, be audited by the auditors appointed by the Executive Council:

Provided that the State Government shall have the powers to direct, whenever considered necessary, an audit of the accounts of the University including the institutions managed by it, by such auditors as it may specify.

(3)     A copy of the audited accounts together with the audit report shall be placed before the General Council and also shall be submitted to the State Government and thereafter it shall be published by the Executive Council.

(4)     The annual accounts shall be considered by the General Council at its annual meeting and the General Council may pass resolutions with reference thereto and communicate the same to the Executive Council and the Executive Council shall consider the suggestions made by the General Council and take such action thereon as it deems fit and the executive Council shall inform the General Council at its next meeting all actions taken by it or the reasons for not taking action.

Section 43 - Financial estimates

(1)     The Executive Council shall prepare before such date as may be prescribed by the regulations, the financial estimates for the ensuing year and place the same before the General Council.

 

(2)     The Executive Council may, in case where the expenditure is in excess of the amount provided in the budget is to be incurred or in cases of urgency for reasons to be recorded in writing, incur expenditure subject to such restrictions and conditions specified in the regulations and where no provision has been made in the budget in respect of such excess expenditure a report shall be made to the General Council at its next meeting.

Section 44 - Annual report

(1)     The Executive Council shall prepare an annual report, containing such particulars as are prescribed by regulations or as may be specified by the General Council by passing resolution and the Executive Council shall take action in accordance therewith and the action taken shall be intimated to the General Council.

 

(2)     Copies of the annual report along with the resolution of the General Council thereon shall be submitted 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 Legislative Assembly.

Section 45 - Execution of contracts

All contracts relating to the management and administration shall be executed by the Vice-Chancellor under his seal and signature, when the value of the contract is above ten lakh rupees and by the Registrar, when its value does not exceed ten lacs rupees.

Section 46 - Grant of degree, diploma, certificate etc

Notwithstanding anything contained in any other law for the time being in force, the University shall have power to grant degree, diplomas, certificates and other academic distinctions and titles under this Act..

Section 47 - Honorary degrees

If not less than two thirds of the members of Academic Council, recommend that an honorary degree or academic distinction and titles be conferred on any person on the ground that he is in their opinion by reason of eminent attainment and position, fit and proper to receive such degrees or academic distinction and title, the General Council may, by a resolution, decide that the same may be conferred on the person recommended.

Section 48 - Withdrawal of degree, diploma or certificate

(1)     The General Council may, on the recommendation of the Executive Council, withdraw any distinction, degree, diploma or privilege conferred on or granted to any person, by a resolution passed by the majority of not less than two thirds of the total member of the General Council present and voting at the meeting, if such person has been convicted by a court of law for an offence which in the opinion of the General Council involves moral turpitude or if has been guilty of gross misconduct.

 

(2)     No action under this section shall be taken against any person unless he has been given an reasonable opportunity to show cause against the action proposed to be taken.

 

(3)     A copy of the resolution passed by the General Council shall be immediately sent to the person concerned.

 

(4)     Any person aggrieved by the decision taken by the General Council may appeal to the Chancellor within thirty days from the date of the receipt of such resolution and the decision of the Chancellor in such appeal shall be final.

Section 49 - Transfer of property

The State Government may transfer to the University, buildings, lands or any other property, whether movable or immovable, for use and management by the University on such conditions and subject to such limitations as the State Government may deem fit for the purpose of this Act.

Section 50 - Proceeding of authorities or bodies not to invalidate by vacancies etc

(1)     No act or proceeding 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 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.

(2)     No resolution of any authority or body of the University shall be deemed to be invalid on account of any irregularity in the service of notice upon any member provided that the proceedings of such authority or body were not prejudicially affected by such irregularity.

Section 51 - Removal of difficulties at the commencement

If any difficulty arises with respect to the establishment of the University or in connection with the first meeting of any authority of the University or otherwise in first giving effect to the provisions of this Act and the regulations, the Chancellor may, at any time, before all authorities of the University have been constituted, by order, make any appointment or do anything consistent, so far as may be, with the provisions of this Act and the regulations, which appear to him necessary or expedient for the purpose of removing the difficulty and every such order shall have effect as if such appointment or action had been made or taken in the manner provided in this Act and the Statutes, Ordinances and regulations:

Provided that before making any such order the Chancellor shall ascertain and consider the opinion of the Vice-Chancellor and of such appropriate authority of the University as may have been constituted.

Section 52 - Transitory provisions

Notwithstanding anything contained in this Act, the Vice-Chancellor may, with the previous approval of the Chairman of the General Council and subject to the availability of funds, discharge all or any of the functions of the University for the purpose of carrying out the provisions of this Act and for that purposes may exercise any powers or perform any duties, which by this Act are to be exercised or performed by any authority of the University until, such authority comes into existence as provided by this Act.

Section 53 - Special provision for better administration of University in certain circumstances

(1)     If the State Government on receipt of a report or otherwise, 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 sub-section (2), (3), (4) and (5) shall, as from the date specified in the notification (hereinafter in this section referred to as the appointed date), apply to the University.

 

(2)     The notification issued under sub-section (1) (hereinafter referred to as the notification) shall remain in operation for a period of one year from the appointed date and the State Government may, from time to time, extend the period by such further period as it may think fit so however that the total period of operation of the notification does not exceed three years.

 

(3)     As from the appointed date the Vice-Chancellor, holding office immediately before the appointed date, shall notwithstanding that his term of office has not expired, vacate his office, and the Chancellor shall simultaneously with the issue of the notification appoint the Vice-Chancellor, who shall hold office during the period of operation of the notification:

Provided that the Vice-Chancellor shall be appointed by the Chancellor in consultation with the State Government and may be removed by the Chancellor in the like manner.

Provided further that the Vice-Chancellor 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)       Every person holding office as a member of the Executive Council or the Academic Council, as the case may be, immediately before the appointed date shall cease to hold that office;

(ii)      until the Executive Council or Academic Council, as the case may be, is reconstituted, the Vice-Chancellor appointed under sub-section (3) shall exercise the powers and perform the duties conferred or impose by or under this Act, on the Executive Council or Academic Council:

Provided that the Chancellor 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 Vice-Chancellor so appointed in exercise 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 Vice-Chancellor shall take steps to constitute the Executive Council and Academic Council in accordance with the provisions of the Act, and the Executive Council and Academic Council as so constituted shall begin to function on the date immediately following the date of expiry of the period of operation of the notification or the date on which the respective bodies are so constituted whichever is later:

Provided that if the Executive Council and Academic Council are not constituted before the expiration of the period of operation of the notification, the Vice-Chancellor shall on such expiration, exercise the powers of each of these authorities subject to prior approval of the Chancellor till the Executive Council or Academic Council, as the case may be, is so constituted.

Section 54 - Indemnity

No suit, prosecution or other legal proceedings shall lie against and no damages shall be claimed from the University, the Vice-Chancellor, the authorities or officers of the University or any other person in respect of anything which is in good faith done or purported to have been done in pursuance of this Act or any Statutes, ordinances and regulations made thereunder.

Section 55 - Act to have overriding effect

The provisions of this Act and any Statutes, ordinances and regulations made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

Section 56 - Non-affiliating University

The University shall be a non-affiliating University.

Section 57 - Statutes, Ordinances and regulations to be published in the official Gazette and to be laid before Legislative Assembly

(1)     Every Statute, Ordinance and regulation made under this Act shall be published in the official Gazette.

 

(2)     Every Statute, Ordinance and regulation made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly.

 

(3)     The power to make Statutes, Ordinances and regulations shall include the power to give retrospective effect from the date not earlier than the date of commencement of this Act, to the Statutes, Ordinances and regulations or any of them but no retrospective effect shall be given in any Statute, Ordinance and regulation so as to prejudicially affect the interest of any person to whom such Statute, Ordinance and regulation are applicable.